Commission grants special-use permit with waivers for private dock at 5400 North Flagler Drive

The West Palm Beach City Commission on May 26 unanimously approved resolution 104-26, granting a Class A special-use permit with multiple waivers to allow a private four-slip dock at 5400 North Flagler Drive as an accessory amenity for a 97-unit multifamily development.

John Roach, an in-house certified planner with the applicant’s counsel, said the dock is intended for residents only and is sited to avoid seagrass, minimize dredging and limit ecological impacts. Roach noted the proposed dock would be approximately 146 feet long from the bulkhead, which exceeds the city's typical 100-foot code maximum and therefore requires a 46-foot length waiver; he said the design proposes only four slips where the code could allow more.

"It's only to its residents. It's not a commercial facility," Roach said, stressing the dock would not be open for commercial mooring or rental.

Roach outlined three additional waivers: locating the dock outside the middle one-third of the shoreline (to avoid seagrass), permitting a 42-inch railing above the bulkhead height (intended to prevent unauthorized mooring), and waiving an on-site sanitary sewer pumpout facility requirement for four slips because the dock is accessory to private residences and vessels have holding tanks or can use external pumpout services.

Planning staff (Stephanie Gregory) reported the application met the applicable general use and dock standards and noted that South Florida Water Management District and Army Corps of Engineers correspondence were included in the packet. Staff and the applicant agreed to conditions restricting commercial uses and signage, requiring education/no-mooring signage, and allowing limited lighting for safety. The planning board recommended approval by unanimous vote.

President Paduzi questioned the pumpout waiver and whether the city could expect unauthorized discharges into the Intracoastal; staff said boats typically have holding tanks and could use pumpout services at other marinas and that the condition prohibiting commercial use reduces the likelihood of higher traffic. After discussion, the commission moved, seconded and approved the resolution unanimously with the enumerated conditions.

The permit is conditioned to prohibit commercial uses, require signage and education about no mooring, and to include standard safety and environmental protections. Any monitoring or enforcement will be handled under the city’s land-development and coastal permit conditions.