Planning Board Case No. 1445G - City of West Palm Beach

Planning Board Case No. 1445G 

Rybovich Spencer Commercial Marine Planned Development (CMPD) 

Major PD Amendment 

Location Aerial 

Site outlined in white. 

PB1445G - 1

CITY OF WEST PALM BEACH PLANNING BOARD 

Meeting Date: September 19, 2006 


I. REQUEST 

A request by James R. Brindell, Esquire, of Gunster, Yoakley & Stewart, P.A., on behalf of 

RSBC Real Estate Company LLLP, for a Major Amendment to the Rybovich Commercial 

Marine Planned Development (CMPD) to construct an 147-slip marina. 

The approximately 13.87 acre subject property is located at 4200 North Flagler Drive, within 

Commission District No. 1 – Commissioner James Exline. 

II. RECOMMENDATION 

APPROVAL WITH CONDITIONS - Based on the finding that the petition meets all eight (8) 

of the required Amendment Standards found in Section 94-32 of the City of West Palm Beach 

Zoning and Land Development Regulations: 

1. Consistent with all elements of the Comprehensive Plan. 

2. Changed conditions that require an amendment. 

3. Conformance with the City Development Code. 

4. Consistent with existing and proposed land use. 

5. Does not exceed capacity of public facilities. 

6. Does not result in significant adverse impacts on the natural environment. 

7. Does not adversely affect property values in the area. 

8. Results in an orderly and logical development pattern. 

The above recommendation is made subject to the following conditions: 

1. Prior to scheduling a public hearing before the City Commission, the applicant shall 

complete the following: 

a. Provide a copy of an approved amendment to the Florida Department of 

Environmental Protection Permit reflecting the modifications to the dock 

layout so as to be consistent with the dock layout attached hereto. 

b. Provide a copy of an approved permit by the U.S. Army Corps of Engineers. 

c. Provide a copy of the successfully-executed lease modification for the Stateowned, 

sovereignty submerged lands. 

d. Provide a copy of an updated hurricane preparedness plan which has been 

approved by the Palm Beach County Director of Emergency Management and 

the City’s Emergency Management Coordinator. 


2. The applicant receives permits from the Florida Department of Environmental 

Protection (FDEP) and the U.S. Army Corps of Engineers (ACOE). As such, all 

plans associated with these permits shall be in substantial conformance with the plans 

attached hereto. These permits also contain conditions of approval satisfying the 

applicant’s necessary compliance with the City’s Zoning and Land Development 

Regulations. In any event where the above-referenced permits require a modification 

to the plans or conditions of approval, the modification shall be reviewed by the City 

to ensure compliance with the Zoning and Land Development Regulations and an 

amendment to the planned development may be required. 

3. Parcel 4 of the Rybovich Replat shall be dedicated to the City for right-of-way 

purposes. 

III. BACKGROUND AND ANALYSIS 

The subject property, located along the east side of North Flagler Drive between 38 th Street and 

42 nd Street, consists of ±11.37 acres of upland property and ±2.50 acres of submerged lands 

(totaling ±13.87 acres). Currently, the property is home to the Rybovich/Spencer Marina, 

following a merger of two (2) long-standing marine operations. The existing marina 

accommodates a total of 293 vessels (106 wet slips, and 187 dry slips). 

In order to fully take advantage of the site’s opportunities, the applicant was approved by the 

City Commission on August 29, 2005, for redevelopment of the site by the establishment of the 

Rybovich/Spencer Commercial Marine Planned Development (CMPD) (Ordinance Nos. 3893- 

05 and 3894-05). The CMPD was to provide for a large mixed-use development consisting of 

the following: 

• Parcel 1 

• 234 high-end residential condominiums 

• 901 parking spaces 

• Parcel 2 

• 149-slip marina with a 4-story dock-master control tower 

• 15,085 square foot restaurant 

• 14,000 square feet of office 

• 14,000 square feet of retail 

• Publicly accessible waterfront promenade 

• Parcel 3 

• 214 high-end residential condominiums 

• 125 dry boat slips 

• 472 parking spaces 

As a condition within the development order, the applicant is required to obtain a Major 

Amendment to the CMPD prior to the construction of the marina slips. The marina was not 

formally adopted with the original master plan as the applicant was still in the review process 


with the Florida Department of Environmental Protection (FDEP) and U.S. Army Corps of 

Engineers (ACOE). The applicant has since obtained approval from the FDEP (Environmental 

Resource Permit No. 50-0162161-006). As approval from the ACOE is pending, the Planning 

and Zoning Department is requiring that an approved permit from the ACOE be provided prior 

to scheduling a public hearing before the City Commission. A letter from John J. Goldasich, 

dated August 18, 2006, is attached hereto as ATTACHMENT I, indicating the status of the 

ACOE permit. 

Approval from the FDEP consists of removal of the existing docks and pilings and the 

construction of a new marina, including the leasing of additional sovereign submerged lands 

from the State. Activities allowed by the permit, and therefore a part of the request for the Major 

Amendment, include the dredging of material and construction of 147 slips capable of 

accommodating boats from less than 44 feet up to 250-foot mega-yachts. It is important to note 

that the number of slips approved by the FDEP and requested as part of this Major Amendment 

is less than that anticipated at the time of developing the master plan. Therefore, sufficient 

upland facilities (i.e. parking) still remain; no changes are being made to the upland area of the 

project. As the dock layout on the proposed site plan and landscape plan (ATTACHMENTS II 

and III) has been modified since the issuance of the FDEP permit, an amendment to the permit 

will be required and shall be obtained prior to scheduling a public hearing before the City 

Commission. This is to ensure that the master plan and permit are consistent. The modifications 

to the issued permit are minor in nature, do not affect the overall impact of the marina and no 

objection from the FDEP is foreseen. 

In developing the master plan, the applicant committed to the City to providing a public marina. 

As such, Ordinance No. 3894-05 required that the waterfront promenade remain open and 

ungated to the public between the hours of 6:00am and 12:00am. To expand upon this, the 

FDEP is further requiring as part of their permit that a minimum of 90% of the wet slips be made 

available for rent to the public on a “first-come, first-served” basis. Signs will be posted at the 

various entrances into the site indicating the availability of such. 

Each slip will be provided with sewage pump-out facilities, and liveaboards will be permitted 

within the marina; however, the FDEP is restricting such activity to maximum of six (6) months 

within any 12 month period. Additional improvements include the construction of wave 

attenuators, reconfiguration and reconstruction of the seawall (2,925 linear feet), and the 

installation of a stormceptor run-off controlling system. This system will not only collect 

currently-untreated stormwater run-off from the subject property, but also 200 acres of adjacent 

residential neighborhoods. A 600-ton travel lift will also be put in place as part of the boatyard 

operations and future dry-dock storage. 

In regards to environmental impacts, approximately 3.02 acres of seagrass and seagrass habitat 

will be affected by the proposed construction. As off-site mitigation for the FDEP permit, the 

applicant will be restoring and enhancing Little Munyon Island, located in Riviera Beach off of 

Singer Island. Restoration will include the following: 1) installation of riprap; 2) preservation of 

1.7 acres of existing seagrass; and 3) restoration of approximately 8.2 acres of seagrass habitat. 

A conservation easement will also be placed over the entire 17.8 acre property. 


As required by Section 94-273(d)(44.1)(b)(11) of the City’s Zoning and Land Development 

Regulations, the developer is required to undertake manatee protection measures. To spread 

awareness and advise boaters of the potential impacts to manatees, the FDEP permit is requiring 

that the applicant post literature (“Palm Beach County Manatee Protection Zones”) and make it 

available to the public at the facility. Additionally, permanent signs throughout the marina will 

be installed indicating the potential threat to the manatees. 

To further implement the previously-approved master plan, the Planning and Zoning 

Department, subject to the conditions indicated above, has determined that the proposed Major 

Amendment complies with Additional Standards found in Section 94-273(d)(44.1)(b) of the 

Zoning and Land Development Regulations. Additionally, the request complies with the 

Amendment Standards, found in Section 94-32 of the Zoning and Land Development 

Regulations (ATTACHMENT IV). 

IV. PROJECT DETAILS 

A. Land Use and Zoning 

The subject property currently has a Commercial (C) Future Land Use designation and a 

Commercial Marine Planned Development (CPD) zoning designation. 

The adjacent Future Land Use designations are: 

North: Multifamily (MF) 

South: Multifamily (MF) 

East: Not Applicable (Lake Worth – Intercoastal Waterway) 

West: Community Service (CS) and Single Family (SF) 

The adjacent zoning designations are: 

North: Residential Planned Development (RPD) 

South: Residential Planned Development (RPD) 

East: Not Applicable (Lake Worth – Intercoastal Waterway) 

West: Community Service (CS) and Single Family Low Density (SF7) Residential 

The adjacent current property uses are: 

North: Vacant – Future Multifamily Residential 

South: Multifamily Residential – Under Construction 

East: Lake Worth (Intracoastal Waterway) 

West: Elementary School and Single Family Residential 

B. Interdepartmental Review 

The Plans and Plats Review Committee (PPRC) reviewed this application at its August 9, 2006, 

meeting. Subject to the conditions indicated above, the Applicant has since sufficiently 

addressed the City’s comments/concerns to received approval from the Planning and Zoning 

Department. 


The request is in conformance with the Comprehensive Plan. 

C. Inter-jurisdictional Review 

Traffic Concurrency: No additional concurrency review is required as part of this application. 

All necessary concurrency was obtained at the time of establishment of the CMPD. No 

modifications are being proposed which result in a need for additional traffic concurrency. It is 

important to note that additional concurrency is not required as a result of the marina being open 

to the public as public and private marinas have equal trip generation rates. 

School Concurrency: No additional concurrency review is required as part of this application. 

All necessary concurrency was obtained at the time of establishment of the CMPD. No 

modifications are being proposed which result in a need for additional school concurrency. 

Prepared and Respectfully Submitted by: 

John P. Roach, AICP 

Senior Planner 


ATTACHMENT I 


Letter from John J. Goldasich Regarding Status of ACOE Permit 


ATTACHMENT II 


Proposed Site Plan 


ATTACHMENT III 


Proposed Landscape Plan 


ATTACHMENT IV 


Section 94-32 – Amendment Standards 

In reviewing a proposed amendment, Section 94-32 of the City’s Zoning and Land Development 

Regulations requires that the Planning Board consider all of the following: 

1. Whether the proposed amendment is consistent with all elements of the City of West 

Beach Comprehensive Plan. 

Findings 

COMPLIES 

The City’s Comprehensive Plan provides general guidance for the growth and future 

development of the City. Several goals, objectives and policies within the Comprehensive 

Plan require the City to maintain or increase the amount of water-dependent and waterrelated 

uses in the coastal area, especially those that are open and available for public use. 

The proposed amendment further implements these policies. 

2. Whether there exist changed conditions that require an amendment. 

Findings 

COMPLIES 

As indicated previously, the marina was not adopted with the original master plan as the 

applicant had not received approval from the Florida Department of Environmental 

Protection and the U.S. Army Corps of Engineers. As the applicable permits have since been 

issued by these agencies, the applicant is required to obtain the amendment in order to adopt 

the marina configuration as part of the CMPD master plan. 

3. Whether the proposed amendment is in conformance with all applicable portions of the 

City Development Code. 

Findings 

COMPLIES 

The proposed amendment and corresponding site/landscape plans are in conformance with 

all applicable portions of the City Development Code. 

4. Whether and the extent to which the proposed amendment is inconsistent with existing 

and proposed land use 

Findings 

COMPLIES 

The subject property is currently utilized, properly zoned and designed for commercial 

marine uses, including, but not limited to, a marina and boat repair/manufacturing facility. 

With the adoption of the CMPD on August 29, 2005, it determined that redevelopment of the 


property and reconstruction of the marina was consistent with the existing and proposed land 

use. 

5. Whether and the extent to which the proposed amendment would exceed the capacity of 

public facilities, including but not limited to transportation, sewerage, water supply, 

parks, fire, police, drainage, schools, and emergency medical facilities. 

Findings 

COMPLIES 

At the time of adoption of the CMPD master plan, it was anticipated that a marina would be 

constructed with 149 wet slips and adequate facilities were available to serve such 

development. The proposed amendment actually reduces the number of wet slips originally 

anticipated, and adequate facilities continue to exist for the marina and associated uses. 

6. Whether and the extent to which, the proposed amendment would result in significant 

adverse impacts on the natural environment. 

Findings 

COMPLIES 

As indicated in the FDEP permit, approximately 3.02 acres of seagrass and seagrass habitat 

will be affected by the proposed construction. The FDEP is requiring mitigation as part of 

their approval; therefore, the applicant will be restoring and enhancing Little Munyon Island, 

located in Riviera Beach off of Singer Island. While not located within the City limits, the 

restoration, which includes the placement of a conservation easement, results in a net 

increase in habitat in the immediate region. 

7. Whether and to the extent to which the proposed amendment would adversely affect 

property values in the area. 

Findings 

COMPLIES 

The proposed modifications would not adversely affect property values in the area. 

Providing marina facility and opening the site to the public will likely result in an increase in 

property values in the area. 

8. Whether and the extent to which the proposed amendment would result in an orderly 

and logical development pattern and the specific identification of any negative effects on 

such pattern. 

Findings 

COMPLIES 

Construction of the marina and opening the waterfront up to the public provides for a logical 

development pattern that will compliment the adjacent residential uses by providing unique 

water-related activities within close proximity to numerous residential neighborhoods.

Planning Board Case No. 1445G - City of West Palm Beach

Create successful ePaper yourself

Delete template?

Save as template?