Land Development and Planning Project Files_3200 S. Ocean Blvd._20140212_Application No. 030674TRANSMITTAL FORM
►F REVIEW & REQUESTED ACTION BY PLANNING BOARD
Transmit to: Building Official
Date: February 12, 2014
Applicant/Owner: Seagate Development LLC/Seagate Development LLC
Property Address: 3200 South Ocean Blvd, Highland Beach, FL 33487
Property Control Number: 24-43-46-33-00-001-0210
REVIEW GIVEN TO SUBJECT PROPETY
® Preliminary Review: Site Plan Review to install a temporary structure
(sales office trailer), in connection with the sale(s) and construction of
luxury condominiums.
❑ Final Review:
❑ Amended Site Plan Review
❑ Other:
THE PLANNING BOARD HAS REVIEWED THE ABOVE MATTER PER THE REQUEST OF
THE BUILDING OFFICIAL DATED FEBRUARY 4, 2014, AND HEREBY CERTIFIES THAT
THE FOLLOWING ACTION WAS TAKEN:
® Denied
❑ Recommendation to Approve (plans attached)
❑ Approved with Modifications (as noted)
Other:
PLEASE TAKE WHATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT
MATTER, i.e., ISSUE PERMIT, TRANSMIT TO TOWN COMMISSION, RETURN TO
APPLICANT, ETCH
Carol Stern, Chair
IF THE ABOVE PLANS WERE DENIED OR APPROVED WITH MODIFICATIONS, PLEASE NOTE
THE BOARD'S FINDINGS: N/A
CLERK'S OFFICE USE ONLY.
Reviewed by Planning Board: 2/12/1.4 Transmitted to Town Commission: 2/13/14
Transmit To: Valerie Oakes, Deputy Town Clerk Date: February 4, 2014
Application No: #30674 Applicant/Owner: SEAGATE DEVELOPMENT LLC- Applicant/SEAGATE
DEVELOPMENT LLC- Owner
Property Address: 3200 South Ocean Boulevard, Highland Beach, Florida 33487
Submit Application: Planning Board
Description of Application: Site Plan Review, Temporary Structure, Installation of Sales Trailer
(pre -sales), RMH-Zoning District
[❑ ,reliminary Review
Final Review:
❑ Amended Site Plan Review
❑ Other:
THE BUILDING OFFICIAL HAS REVIEWED THE ABOVE MATTER DATED, FEBRUARY 4, 2014, AND
HEREBY CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN:
❑ Plans meet Town of Highland Beach Zoning and other governmental agencies requirements.
❑ Plans meet Town of Highland Beach Zoning requirements; however, approvals are pending with other
vernmental agencies.
Plans do not meet Town of Highland Beach Zoning requirements.
RECOMMENDATION: Applicant has submitted a site plan for review, to install a temporary structure
(sales trailer) on the 3200 South Ocean Boulevard property, in connection with the sale(s) and
construction of luxury condominiums at the subject property. The applicant cannot comply with the
standards required by Town of Highland Beach Ordinance 30-68 (m)(2). Plans for the construction
the building have not been submitted at this time. No other permits have not been issued at this
propeft
S��EfE ,TRANSMIT TO QUVER ACTION IS QSIIRED JUD CIOCOMPLETE AL BOARD, SCE SUBJECT MATTER, i.e.,
Michael Des&g, Building Official
CLERK'S OFFICE USE ONLY. -
Date of Workshop Meeting: O�
Date Received: �T
Date of Hearing: a H
Name: Phone: 5, u 6 Fax: 61 266.2 b-•
Mailing Addre rCgS
Email Address: n e n u v i1 4► C-P �nv ir�c1 . CI�V1n
Rezoning:
❑ ❑ Rezoning by a Property Owner or Party Other than
the Town
Site Plan:
❑ ❑ Site Plan Multifamily and Non -Residential
❑ ❑ Site Plan Review, Major Modification
❑ ❑ Site Plan Single -Family, Located on a Single Lot
❑ ❑ Site Plan Single -Family, Located within a Larger
Proiect
Other:
Special Exceptions:
❑ ❑ Boat Basins
❑ ❑ Boat Lifts
❑ ❑ Change of Nonconforming Use
❑ ❑ Dwelling, Single -Family, Zero Lot Line
❑ ❑ Essential Public Service Structures
❑ ❑ Houses of Worship
❑ ❑ Off -Premises Parking
❑ ❑ Perpendicular Docking of Boats
❑ ❑ Post Offices
❑ ❑ Recreation Facilities, Public
0 ❑ Utility Facilities
Provide a brief description of the proiect:
S011era i Iex
I give permission to the members of the Planning Board and staff to inspect the property for the purpose of
this application. I declare that all statements made herein are true, based upon the best available
information, and I understand that willful false statements and the like are misdemeanors of the second
degree under Section 837.06, Florida Statutes. Such willful false statements may jeopardize the validity of
my application or any decision issued thereon. I have fully read the information outlining the Board
procedures and application reguir ents.nWith this application, I am submitting the necessary supporting
materials listed.
Applicant's Signature:" �G" Date: I. 2 'i' I _!
Building Department Use:
Date Application Received
Preliminary Review:
By:
Final Review: - Amended Site Plan:
Other:
❑ Plans meet Town of Highland Beach Zoning and other governmental agencies requirements.
❑ Plans meet Town of Highland Beach Zoning requirements, however, approvals are pending with other
gove ental agencies requirements.
Plans do not meet Town"glAeac0Zoning requirements.
Building Official Signature:
Received by the Town Clerk's Office:
P
Date
rr,n,
Received By: � uc�
Date Public Notices Mailed: N�A
Date Legal Advertisement Published: N
Date: 1)1-,.0
2 1 P a g e
ZONING § 30-21
ARTICLE H. DECISION MAEING AND itation for commencement of construction
ADMINISTRATION and compliance with conditions or terms
of a development order.
Sec. 30.21. Town commission. (1) Specified development orders. For the
purposes of this section, the follow-
ingIn addition to any authority granted the town are defined as specified develop-
e
commission by general or special law, the town went orders:
commission shall have the powers and duties a. Rezoning by a property owner
listed below: or party other than the town;
b. Special exception;
(a) Comprehensive plan. Zb initiate, hear, con- C. Amendment to a residential
sider, approve, approve with conditions, planned unit development;
or deny any application to amend the text
or the future land use map of the compre- d. Site plan —multifamily and non-
hensive plan. residential;
e. Site plan —single-family, located
(b) Applications for development order ap- on a single lot;
proval. Th initiate, hear, consider, ap- f. Site plan —single-family, located
prove, approve with conditions, or deny within a larger project; and
any application for development order ap-
proval for special exceptions, multifamily S Site plan review, major modifi-
site plans, or changes in nonconforming cation.
Rf use. (2) Time limit established.
a. For each specified development
(c) Rezoning. To initiate, hear, consider, ap- order, commencement of con -
prove, or deny any application for rezon- struction of the approved im-
ing of property. provements shall be initiated
within two (2) years following
(d) Text amendment. Zb initiate, hear, con- the date of approval by the town
sider, approve, approve with conditions, commission, or such other body
or deny any application for amending the as may be provided by this chap -
text of this chapter. ter.
(e) Other development orders. Th initiate, hear, b. For each specified development
consider, approve, approve with condi- order, completion of all condi-
tions, or deny any application for any tions of approval shall occur
other type of development order approval within two (2) years following
as provided herein. the date of approval by the town
commission, or as may be oth-
(f) Other powers and duties. Th exercise all erwise provided in the develop -
powers, duties, and functions as set forth ment order approval.
in F.S. ch. 163, pt. 11 (F.S. 163.2511 et (3) Extension of time limits. The town
seq.). commission may grant one or more
extensions of time for a specified
(g) Time limitations for development approv- development order. Each time exten-
als and compliance with development or- sion shall not exceed twelve (12)
ders. The town commission or planning months. The town commission shall
board, as appropriate, for specified devel- consider good faith efforts to com-
opment orders, shall establish a time lim- mence construction or comply with
CD30:7
§ 30-21
HIGHLAND BEACH CODE
conditions of approval, and may con- m. Payment of required impact fees,
sider one or more of the following utility fees, or dedication of land
items: as required by the lbwn code or
a. Consistency with the town's this chapter; and
comprehensive plan; n. Other factors which have af-
fected the ability of the prop-
b. Consistency with the require- erty owner to initiate construc-
ments of this chapter; tion or comply with conditions.
C.
Status of any requests for fur-
(4) Requests. Requests for extension of
ther development orders, includ-
time limits for specified develop-
ing building permits;
ment orders shall be submitted in
writing to the building official.
d.
The number of time extensions
a. Each request shall indicate the
previously granted;
name of the approved project,
e.
Attempts to secure other per-
the property owner, and the
mits needed to initiate construc-
number of months for which an
tion or comply with conditions;
extension is requested.
f.
Marketing practices utilized to
b. Each request shall include pay-
obtain financing, buyers, or oth-
ment of such fees as are estab-
erwise initiate construction or
fished by the town commission.
comply with conditions;
C. Each request shall document
the good faith efforts of the
g.
Reasonable development com-
property owner to initiate con-
pletion standards consistent
struction or to comply with the
with the nature and size of the
conditions of approval.
affected project;
d. Each request may include addi-
h.
Expenditures of funds to ini-
tional mitigating factors which
tiate development or comply
affect the ability of a property
with conditions;
owner to initiate construction
or to comply with the condi-
i.
Efforts to comply with or com-
lions of approval.
plete any or all conditions of
(5) Documentation. The building official
approval.
may require such documentation as
j.
Actions by other governmental
deemed necessary to substantiate the
agencies which adversely affect
request of time extension.
the ability of the owner to com-
(6) Planning board review. Prior to a
mence construction or comply
decision by the town commission,
with conditions;
the planning board shall consider
k.
Actions by other parties which
the request, and recommend that
adversely affect the ability of
approval, denial, or approval with
the owner to commence con-
conditions be granted.
(Ord. No. 684, Art. H, § 1, 7-25-00)
struction or comply with condi-
tions;
Sec. 30-22. Planning board.
1.
Changed circumstances, includ-
(a) Powers and duties. The planning board
ing economic factors, which ad-
shall consider all applications as provided in
versely affect the ability of the
Table 30-1, all matters of aesthetics of the com-
owner to commence construc-
munity as provided in this chapter or in this
tion or comply with conditions;
Code, or as otherwise provided herein.
CD30:8
ZONING § 30-24
(b) Advisory capacity. When acting in an advi-
sory capacity, the planning board shall recom-
mend approval, approval with conditions, or de-
nial of an application for development approval to
be considered by the town commission.
(c) Decision -making capacity. When acting in a
decision -making capacity, the planning board shall
approve, approve with conditions, or deny appli-
cations for development approval.
(d) Local planning agency. The planning board
shall serve as the local planning agency, pursuant
to F.S. § 163.3161.
(Ord. No. 684, Art. II, § 2, 7-25-00)
Sec. 30.23. Board of adjustment and ap-
peals.
(a) Powers and duties. The board of adjust-
ment and appeals shall consider all applications
as provided in Table 30-1, or as otherwise pro-
vided herein.
(2) Ensure all applications for development
order approval are consistent with the
concurrency requirements of the compre-
hensive plan and this chapter.;
(3) Maintain all approved plans and docu-
ments necessary for issuance of building
permits;
(4) Issue certificates of occupancy;
(5) Administer, review, and process all appli-
cations for development order approval,
including rezonings, variances, interpre-
tations, special exceptions, site plan re-
views, and any other procedures de-
scribed in this chapter;
(6) Present applications and plans to the ap-
propriate development review board for
action, and when applicable, compiling
and transmitting the recommendations of
such boards to the town commission for
final review and approval;
(b) Administrative review. To hear and decide (7)
appeals where it is alleged there is error in any
order, interpretation, requirement, decision, or
determination made by administrative officials in
the administration or enforcement of this chapter.
(c) Variances. Grant variances pursuant to sec-
tion 30-39 of this chapter.
(Ord. No. 684, Art. H, § 3, 7-25-00)
Sec. 30-24. Building official.
(a) Duties. The building official or designee
shall administer, interpret, and enforce the pro-
visions of this chapter.
(b) Additional duties. The building official or
designee shall perform the duties set forth in
Table 30-1, and the duties listed below:
(1) Ensure all applications for a building per-
mit are consistent with the comprehen-
sive plan, consistent with the require-
ments of this code, consistent with any
decisions by the town commission or other
town decision -making bodies, and consis-
tent with 'any other applicable federal,
state, county, or town requirement;
Provide the town commission and other
development review boards with a writ-
ten or oral staff report relating to each
application for development approval, and
such other documentation as may be nec-
essary, indicating conformance with this
code and other applicable requirements;
(8) Enforce, as appropriate, the provisions. of
this chapter, including performance of nec-
essary inspections, investigating promptly
all complaints, reporting the findings and
actions to the complainants, preventing
violations when possible, and obtaining
the correction of violations;
(9) Cooperate, as appropriate, with the code
enforcement board to achieve the correc-
tion of any violation;
(10) Order the discontinuance of illegal use of
land or structures;
(11) Order the removal of illegal structures or
of illegal additions, alterations, or struc-
tural changes;
(12) Ensure discontinuance of work or construc-
tion occurring in an illegal manner;
CD30:9
§ 30-24 HIGHLAND BEACH CODE
t
r
(13) Take, or cause to be taken, any other Secs. 30-25-30-30. Reserved. -
action authorized by this chapter or other
laws of the town or the State of Florida to
ensure compliance with, and prevent vio- ARTICLE III. DEVELOPMENT REVIEW
lations of, the provisions of this chapter;
(14) Maintain records in the building depart-
ment of all official actions, and of all Sec. 30-31. Development review established.
complaints and actions taken with regard
thereto, and of all violations discovered For the purpose of review of development ap-
with remedial action taken and disposi- plications within the town, development proce-
tion of cases, and dures are established in this article, as summa-
(15) Perform such other duties as may be rized in Table 30-1.
assigned by this Code or this chapter.
(Ord. No. 684, Art. H, § 4, 7-25-00)
Table 30-1
Development Application Review(l)
Development
Application
Building
Official
Planning
Board
B of A
Town
Commission
Comprehensive Plan —Text Change
C
A
•
Comprehensive Plan —Future Land Use
Plan Change
C
A
•
Rezoning
C
A
•
Zoning Code Text Change
C
A
•
Residential Planned Unit Development
(Amendment)
C
A
•
Special Exce lion
C
A
•
Site Plan —Multifamily & Nonresidential
C
A
•
Site Plan —Single Family
C
•
Variance
C
•
Site Plan Review, Major Modifications (1)
C
(2)
(2)
(2)
Site Plan Review, Minor Modifications
C/•
DO Change, Nonad.ministrative
C
(2)
(2)
(2)
DO Change, Administrative
C/•
Subdivision of Land
C
A
•
NOTES.
• = Decision Making Authority
C = Completeness Review
A = Advisory Review
B of A = Board of Adjustment and Appeals
Blank = Not Applicable
(1) In the event of a conflict between this table and the text of the zoning code, the text of the zoning code
shallprevail.
CD30:10
offices for original sales of dwelling units and construction trailers. Temporary structure
shall not be used as dwelling or lodging units.
(2) Installation. A temporary structure shall not be installed without site plan
review and approval by the planning board, and a building permit. Approval for a
temporary structure shall be subject to the standards listed below.
a. The approved site plan and building permit shall specify location,
type of construction, maintenance requirements, and the period for which the
structure shall be required.
b. A building permit for a temporary structure shall be issued for a
period of not more than six (6) months, subject to renewal upon approval of the
building official.
C. A temporary structure, shall not be allowed for more than two (2)
years unless approved by the town commission.
d. A certificate of occupancy shall be issued before the structure is
occupied.
e. A building permit for a temporary structure, unless otherwise
provided herein, shall not be issued unless building permit for one or more
permanent residential structures within a development is issued at the same
time.
Construction of the dwelling units
must commence within one year after the building permit is issued. The planning
board may renew the approval for a period not to exceed one year. This
paragraph shall not apply to a temporary sales trailer that is used exclusively and
solely for sales functions, however, the sales trailer shall not be allowed for a
period of time greater than 120 days from the date that the certificate of
occupancy is issued for the sales trailer.
f. Following installation of a temporary construction office structure on
a site, construction of the permanent structure shall be commenced within
fourteen (14) days. This paragraph shall not apply to a temporary sales trailer
that is used exclusively and solely for sales functions, however, the sales trailer
shall not be allowed for a period of time greater than 120 days from the date that
the certificate of occupancy is issued for the sales trailer. If construction does not
commence within the required time period, the building official may initiate
actions to require removal of the structure.
(3) Dune walkovers and gazebos. Dune walkovers and gazebos are
considered expendable structures, and are not subject to the time limits established
above. Dune walkovers and gazebos are considered structures, and a building permit is
required prior to construction.
(4) Tents. Tents proposed to be installed for temporary purposes shall require
a building permit. Temporary purposes, for the purpose of this section, shall mean
events such as festivals, weddings, craft sales, and outdoor ceremonies.
2
x
a. The building official may approve installation of a tent for not more
than five (5) consecutive days.
b. Any request for installation of a tent for more than five (5)
consecutive days shall require approval by the town commission. The decision of
the town commission shall be based upon the location, duration, and potential
impact of the event on adjacent properties.
Secfion 3. Repeal of Laws in Conflict All ordinances or parts of ordinances in
conflict herewith are hereby repealed to the extent of such conflict.
Secfion 4. Codification. Section 2 of the Ordinance may be made a part of the
Town Code of Ordinances and may be re -numbered or re -lettered to accomplish such,
and the word "ordinance" may be changed to "section," "division," or any other
appropriate word.
Secfion 5. Effecfive Date. This Ordinance shall be effective immediately
upon adoption.
PASSED AND ADOPTED BY THE TOWN
HIGHLAND BEACH ON THIS 01( DAY OF
TOWN OF HIGHLAND BEACH, FLORIDA
ATTEST:
APPROVE 0 AND LEGALITY:
By:
en J. orcivia, Town Attorney
Town of Highland Beach, Florida
COMMISSION OF THE TOWN OF
Bernard Featherman, Mayor
RoryVrown, Vice M4,yoA
Dennis J. Sh'"awComm issioner
loner
3
r
/5/2014
Municode
Temporary structures:
(m) Temporary structures. Temporary structures may be erected in any district in
(1) connection with land development or construction projects, including real estate
offices for original sales of dwelling units and construction trailers. Temporary
structure shall not be used as dwelling or lodging units.
(2) Installation. A temporary structure shall not be installed without site plan review and
approval by the planning board, and a building permit. Approval for a temporary
structure shall be subject to the standards listed below.
a• The approved site plan and building permit shall specify location, type of
construction, maintenance requirements, and the period for which the structure
shall be required.
b• A building permit for a temporary structure shall be issued for a period of not
more than six (6) months, subject to renewal upon approval of the building
official.
c• A temporary structure shall not be allowed for more than two (2) years unless
approved by the town commission.
d• A certificate of occupancy shall be issued before the structure is occupied.
e• A building permit for a temporary structure, unless otherwise provided herein,
shall not be issued unless building permit for one or more permanent
residential structures within a development is issued at the same time. The
planning board may authorize installation of a temporary structure serving as
an office for original sale of units. Construction of the dwelling units must
commence within one year after the building permit is issued. The planning
board may renew the approval for a period not to exceed one year.
f. Following installation of a temporary construction office structure on a site,
construction of the permanent structure shall be commenced within fourteen
(14) days. If construction does not commence within the required time period,
the building official may initiate actions to require removal of the structure.
z�a�4
ova IV
http://library.municode.cor indexasp(?clientld=10919 1/1
2/5/2014 Municode
Sec. 22-2. Service charges.
The rates, fees and charges for the use of and for the services and facilities furnished or to
be furnished by the sewer system of the town, to be paid by the owner of each lot or parcel of land
which is connected with the sewer system, shall be based on the apportioned costs of operating
the sewer installations and facilities, including service charges, maintenance, necessary reserve
and replacement funds, treatment and disposal costs, and shall be established as follows:
(1) The town commission shall from time to time, by ordinance duly passed by the town
commission, establish the charges for use of the sewer system operated by the town.
Such rate shall be nineteen dollars and sixty-six cents ($19.66) per month per
residential room or unit, until further amended by the town commission.
(2) In the case of nonresidential users, which include, but are not limited to, recreation
rooms, recreation buildings, guard houses,
construction trailers, sales trailersand sales buildings, the rate to be charged shall
be the same as for residential rooms or units. Any charge for sewer service shall be
made for not less than a full month.
(3) The Holiday Inn sewer bill is billed on the basis of one hundred (100) percent of water
use. The charge shall be based on readings on the two (2) master water meters
minus the readings on the three (3) sprinkler water meters. The amount of consumed
water multiplied by the actual cost of treatment will constitute the one hundred (100)
percent.
(4) All such fees and charges shall be billed bimonthly.
http://library.municode.comrndexasp)Oclientld=10919 1/1
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• •
DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION
"License efficiently. Regulate fairly."
RICK SCOTT
Govemor
May 06, 2013
George Britton
ModSpace-Miami
5000 N.W. 72nd Avenue
Miami, FL 33166
RE: Manufacturer Certification, ID MFT-6709; Expiration Date: May 31, 2016
Dear George Britton
UT
MAR 2014
BUILDING ��PqR�TftY'
It is my pleasure to inform you that ModSpace-Miami, located at 5000 N.W. 72nd Avenue, Miami,
FL 33166, has been approved under the Manufactured Buildings Program, as provided for under
Chapter 553, Part I, Florida Statutes, to manufacture Manufactured Buildings for installation in
Florida.
Construction or modification on a manufactured building cannot begin until the Third Party Agency
has approved the plans in accordance with the current Florida Building Code. Your Third Party
Agency is a contractor for the Department and has statutory authority and responsibilities that
must be met to maintain approved status. You may expect and demand quality plans review and
Inspections.
Each Code change will make your plans obsolete until they have been reviewed, approved and
indicated [on the cover page of the plans] for compliance with the Code by your Third Party Agency
for plans review. Please ensure that your plans are in compliance and are properly posted on our
website. All site -related installation issues are subject to the local authority having jurisdiction.
The Department's contractor will make unannounced monitoring visits at least once each year. You
must grant complete access to your manufacturing facility and records to remain in compliance with
the rules and regulations of this program.
Your certification is approved for three years from this date. You will receive a renewal notice by
Email generated by the BCIS (www.floridabuildinci.org) for online renewal. If you have questions
you may contact me or Leola Baldwin at 850-921-0956 or our FAX at 850-414-8436.
Please visit our website at www.floridabuildino.org to see valuable information on the Florida
Manufactured Buildings Program. A copy of this letter must accompany applica, .ons.fordocaP
building permits.,,-^r
cc: Quality Approvals and Inspections LLC
Sincerely,
atl-
Robert Lorenzo
Manufactured Buildings Program
2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399-2100
850- 488- 8466 (p) ♦ 850- 921- 0781 (f) ♦ We b s i t e: wwwAca. state.fl.us
• COMMUNITY PLANNING 850488-2356 (p) 850488-3309 (fl
• HOUSING AND COMMUNITY DEVELOPMENT 850488-7966 (p) 850-922-6623 (9
Page 1 of 1
—Ga R is C ' ' _ }� -A ` e'rs PubliciA�s
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Location Address OCEAN BLVD
Municipality HIGHLAND BEACH
Parcel Control Number 24-43-46-33-00-001-0210
Subdivision
Official Records Book 25613 Page 1699
Sale Date OCT-2012
Legal Description 33-46-43, S 200 FT OF N 2400 FT OF FRAC SEC LYG W OF SR A-1-A
Mailing address
Owners 174 WEST ST
j
3200 HIGHLAND BEACH HOLDINGS LLC
LITCHFIELD CT 06759 3434
Sales Date Price OR Book/Page Sale Type Owner
OCT-2012 $2,300,000 25613 / 1699 WARRANTY DEED 3200 HIGHLAND BEACH HOLDINGS LLC
JUL-2012 $1,300,100 25343 / 1114 CERT OF TITLE CRE PROPERTIES INC
AUG-2005 $10,340,000 19061 / 0577 WARRANTY DEED HIGHLAND BEACH AZURE LLC
JUN-2003 $5,000,000 15357 / 0568 WARRANTY DEED LUXURY DEVELOPE-R LIp
NOV-2000 $3,200,000 12169 / 0493 WARRANTY D,�M1MI fDOPMEd�IT
No Exemption Inform ation?Available,.,r.�..------•.,�
fi`r3µ
Number of Units 0 *Total Square 0 Acres 1.7766
Feet
Use Code 0000 - VACANT Zoning RMH - Multi -Family High -Density ( 24-HIGHLAND
BEACH )
Tax Year 2013 2012 2011
Improvement Value $0 $0 $0
Land Value $1,900,000 $3,463,366 $3,463,366
Total Market Value $1,900,000 $3,463,366 $3,463,366
All values are as of January 1 st each year
Tax Year 2013 2012 2011
Assessed Value $1,900,000 $3,463,366 $3,463,366
Exemption Amount $0 $0 $0
Taxable Value $1,900,000 $3,463,366 $3,463,366
Tax Year 2013 2012 2011
Ad Valorem $37,249 $69,097 $68,770
Non Ad Valorem $0 $0 $0
Total tax $37,249 $69,097 $68,770
http://Www.pbcgov.comlpapa/Asps/PropertyDeta.illPropertyDetail.aspx?parcel=2443463300... 2/5/2014
TOWN of HIGHLAND BEACH
3614 South Ocean Boulevard •
Highland Beach, FL 33487-3325
561 278-4540 Fax 561 278-2606
Receipt Record Page:1
Receipt Number: RCPT2014-154 Date Printed: 1/31/2014
Received From: SEAGATE CONSTRUCTION GI Date: 1/31/2014
Reference M BP-30674 Received By: Sue A.
Amount: $200.00
Comments:
Fees:
FEE2014-361 Planning Board Fee
Accounts:
001-310.000-341.91 Board Application Fees
$200.00
$200.00
$200.00
$200.00
Other Fields: 0 � 9 q �
TOWN of HIGHLAND BEACH
3614 South Ocean Boulevard
Highland Beach, FL 33487-3325
661 278-4540 Fax 561 278-2606
Receipt Record
Receipt Number: RCPT2014-438
�to�td¢
Page:1
Date Printed: 3/25/2014
Received From: SEAGATE CONSTRUCTION GI Date: 3/25/2014
Reference M BP-30674 Received By: Sue A.
Amount: $515.00
Comments:
Fees:
FEE2014-1086 Sales Trailer (Inc Subs)
FEE2014-1095 Bldg Code Admin & Insp. I
FEE2014-1096 FL Dept. of Comm. Affairs
$500.00
$7.50
$7.50
$515.00
Accounts:
001-000.000-217.2i FI Dept Comm Affairs Surch $7.50
001-000.000-217.31 Bld Code Admin & Insp. Sur( $7.50
001-310.000-322.01 Building Permit Fees $500.00
$515.00
Other Fields:
6 �
RESOLUTION NO.13-005 R
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR
THE EXTENSION OF RESOLUTION NO. 10-002R WHICH PREVIOUSLY EXTENDED THE
VARIANCE AND DEVELOPMENT ORDER OF THE HIGHLAND BEACH RENAISSANCE
(NOW KNOWN AS 3200 SOUTH OCEAN) PROJECT; PROVIDING FOR APPROVAL OF A
REVISED FACADE AND ELEVATIONS; PROVIDING FOR SEVERABILITY, CONFLICTS
AND AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature adopted Senate Bill 360 and subsequent bills extending
development orders, which were signed into Law, recognizing the economic downturn and the effect it
had on the Florida economy; and
WHEREAS, Senate Bill 360 and the subsequent extending bills, required local governments to
grant time extensions to previously issued development orders, upon notice from the property owner, and
WHEREAS, Resolution No. 10-002R was approved pursuant to the changes in statute effected
by the passage of Senate Bill 360 and subsequent bills; and
WHEREAS, the Town Commission has received a request to grant another time extension for
the variance and development order for the Highland Beach Renaissance (now known as 3200 South
Ocean) Project (the "Project") originally approved in 2008, on property more particularly described in
Exhibit "A" attached hereto and incorporated herein (the "Property"); and
WHEREAS, 3200 Highland Beach Holdings, LLC, the new owners of the Property, propose to
fully retain the building height, massing, setbacks, etc. as previously approved, but seek to modify the
number of units within the interior of the existing building design and related parking, resulting in
revisions to the facade and elevations; and
WHEREAS, the Town Commission has reviewed the extension request and the proposed
revisions to the facade and elevations.
NOW, THEREFORE, BE IT RESOLVED, by the Town Commission of the Town of Highland Beach,
Florida, that:
SECTION 1. Resolution 10-002R is extended for a period of twelve (12) months from the effective date
of this Resolution, to -wit: the time period during which the submission to the Town's Building
Department of an application for the issuance of a building permit for the Project incorporating the
revisions provided for in Section 2 below may be made is extended until the day which is twelve months
from the effective date of this Resolution
SECTION 2. The facade and elevations for a Building containing twenty-two residential units are made
part of the revised approval for the Property and are approved as presented.
SECTION I No other changes to the approvals granted by the Board of Adjustment and Appeals on
May 20, 2008, or the Town Commission on November 4, 2008, other than reconfiguration of unit floor
plans that does not result in changes to the fagade or elevations approved in Section 2 above or increase
the number of units above the 22 units hereby approved, shall be made without application to and
approval by the appropriate board or commission. This resolution shall run with the land and bind any
successors or assigns in ownership of the Property.
SECTION 4. Severability. If any section or portion of a section of this Resolution proves to be invalid,
unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of
any other section or part of this Resolution.
SECTTON 5. Conflicts. All resolutions or parts of resolutions in conflict with any of the provisions of
this Resolution are hereby repealed to the extent of such conflict.
SEC_ TTON 6. Effective Date. The Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED THIS Y)WAy OF - -e , 2013.
TTEST:
Beverly M. Bro , MMC, Town Clerk
2
1 •I
1
o I 'Jvll.
Dennis J.
Feldman, Commissioner
r
Glen J. To �a, Town Attorney
Florida ar No. 343374
Approved as to form and legal sufficiency
EXHIBff "A"
LEGAL DESCRIPTION
LEGAL DFSCRYITION
w I,FCCEstate
Mcp the South 200 fed of the North 2400 fed of Section 33, Township 46 South,
f
Range Highland Beach, Palm: Beach County, Flonda, lying West of A -I -A, as such mad
right ( fMm eftbliskd by Deed, recorded in Deed Book 584, Pap 358, Public Records of
Palm ty, Florida, and F Beackee) ast ofthe fbtracoastal-Waterway.
,p
Fared No. 2, JW'A'_ftft
An Easement for ,purpose of access to the Atlantic Ocean as created and granted in that
Recipmw Agmement recorded in Official Records Book _474T.a.ge 15941,99 affected
by that Agremnent, rckt* W_ in Official Records Book 3471,, Page 1601 all of the Public Records
of Palm Beach oida. ,ri Said Emment being for the,
Benefit of Parcel No. .1
hereinabo, m,. -over and :the Mowing-desedbed lands:
.0
The South 5 Fed of that the South 200 fed of the North 2400 fed of'Secfion 33,
Township 46 South; Range IyM' East of the East right of way of State Road A-1-A,
Highland Beadb, Palm Beach
An
3
• M
ENERGY EFFICIENCY CODE FOR BUILDING CONSTRUCTION
Florida Department of Community Affairs
EnergyGaugeFlaCom v1.22 FORM 40OB-2001
Component Performance Method for Commercial Buildings
Jurisdiction: DADE COUNTY, DADE COUNTY, FL (231000)
Short Desc: MDS007498 Project: MOD SPACE
Owner: MOD SPACE
Address:
UNKNOWN
UNKNOWN
City:
UNKNOWN
State:
FLORIDA
Zip:
0
Type: Office (Business)
Class: New Finished building
PermitNo: 0--
Storeys: 1
GrossArea: 280
Net Area: 280
Max Tonnage: 4 (if different, write in)
Compliance Summary
Component
Design
Criteria
Result
ENVELOPE
14.35
46.05
PASSES
Other Envelope Requirements - B
PASSES
LIGHTING POWER
61.32
532.00
PASSES
LIGHTING CONTROLS
PASSES
EXTERNAL LIGHTING
PASSES
HVAC SYSTEM
PASSES
PLANT,
PASSES
WATER HEATING SYSTEMS
PASSES
PIPING SYSTEMS
PASSES
Met all required compliance from Check List?
Yes/No/NA
IMPORTANT NOTE: An input report Print -Out from EnergyGauge FlaCom of
this design building must be submitted along with this Compliance Report.
9/30/2013 EnergyGauge FlaCom FLCCSB v1.22
COMPLIANCE CERTIFICATION:
I hereby certify that the plans and
Review of the plans and specifications covered by this
specifications covered by this calculation are
calculation indicates compliance with the Florida Energy
in compliance with the Florida Energy
Code. Before construction is completed, this building will be
Efficie y Co
inspected for compliance in accordance with Section
553.908, F.S.
PR ARE BY:
BUILDING OFFICIAL:
9 3
DATE:
I hereby certify that this building is in compliance
+
with the Florida Energy Efficiency Code.
OWNER AGENT:
DATE:
t
If required by Florida law, I hereby certify (*) that the system design is in
compliance with the Florida Energy Code.
REGISTRATION
No.
ARCHITECT:
ELECTRICAL SYSTEM DESIGNER:
LIGHTING SYSTEM DESIGNER:
MECHANICAL SYSTEM DESIGNER:
PLUMBING SYSTEM DESIGNER:
(*) Signature is required where Florida Law requires design to be performed by registered design professionals.
Typed names and registration numbers may be used where all relevant information is contained on signed/sealed
plans.
Project: MDS007498
Title: MOD SPACE
Type: Office (Business)
Location: DADE COUNTY, DADE COUNTY, FL (231.000)
(WEA File: Miami.tmy)
Envelope Compliance
Design Load Criteria
Zone Heating
Cooling Heating Cooling
OFFICE AREAS (CONDITIONED) -2.30
12.05 -9.59 36.45
Total Loads: Design=14.349 Criteria=46.047
PASSES
9/30/2013 EnergyGauge FlaCom FLCCSB v1.22 2
. j
Project: MDS007498
Title: MOD SPACE
Type: Office (Business)
Location: DADE COUNTY, DADE COUNTY, FL (231000)
(WEA File: Miami.tmy)
Other Envelope Requirements
Item Zone Description Design Limit Meet Req.
OFFICE AREA % Skylight - Max % Limit 0.00 5.50 Yes
OFFICE ARE OFFICE AREA Exterior Roof - Max Uo Limit 0.05 0.08 Yes
Meets Other Envelope Requirements
Project: MDS007498
Title: MOD SPACE
Type: Office (Business)
Location: DADE COUNTY, DADE COUNTY, FL (231000)
(WEA File: Miami.tmy)
External Lighting Compliance
Description Category
Allowance Area or Length ELPA CLP
(W/Unit) or No. of Units (W) (W)
(Sgft or ft)
Ext Light 1 Exit (with or without Canopy)
25.00 3.0 75 60
Ext Light 2 Exit (with or without Canopy)
25.00 3.0 75 60
Ext Light 3 Exit (with or without Canopy)
25.00 3.0 75 60
Design: 180 (W)
PASSES
Allowance: 225 (W)
Project: MDS007498
Title: MOD SPACE
Type: Office (Business)
Location: DADE COUNTY, DADE COUNTY, FL (231000)
(WEA File: Miami.tmy)
Lighting Power Compliance
Space Ashrae Description Area Height
No. of AF Design Effective Allowance
ID (sq.ft) (ft)
Spaces (W) (W) (W)
OFFICE 29 Offices (Partitions 3.5-4.5 ft 280 8.0
1 1.00 88 61 532
n n V n c below ceiling) Open plan
offices 900 ft or larger with
partitions 3.
Design 87.6 (W)
F PASSES
Effective: 61.32 (W)
Allowance: 532 (W)
9/30/2013 EnergyGauge F1aCom FLCCSB v1.22
Project: MDS007498
Title: MOD SPACE
Type: Office (Business)
Location: DADE COUNTY,
DADE COUNTY, FL (231000)
(WEA File: Miami.tmy)
Lighting Controls Compliance
Acronym Ashrae
Description
Area No. of Design Min Compli-
ID
(sq.ft) Tasks CP CP ance
OFFICE AREAS 29
Offices (Partitions 3.5-4.5 ft below
280 10 20 11 PASSES
ceiling) Open plan offices 900 ft or
larger with partitions 3.
PASSES
Project: MDS007498
Title: MOD SPACE
Type: Office (Business)
Location: DADE COUNTY, DADE COUNTY, FL (231000)
(WEA File: Miami.tmy)
System Report Compliance
FLOOR B System 2
Packaged Terminal Systems No. of Units
1
Component Category Capacity
Design
Eff Design IPLV Comp-
Eff
Criteria IPLV Criteria liance
Cooling System PTAC > 15000 Btu/h
10.00
7.60 PASSES
(Cooling Mode)
Heating System Electric Furnace
1.00
1.00 PASSES
Air Handling Air Handler (Supply) -
0.80
0.80 PASSES
System -Supply Constant Volume
PASSES
Plant Compliance
Description Installed Size Design Min
Design
Min Category Comp
No Eff Eff
IPLV
IPLV liance
None
9/30/2013 EnergyGauge FlaCom FLCCSB v1.22
Project: MDS007498
Title: MOD SPACE
Type: Office (Business)
Location: DADE COUNTY, DADE COUNTY, FL (231000)
(WEA File: Miami.tmy)
Water Heater Compliance
Description Type Category Design
Min Design Max Comp
Eff
Eff Loss Loss liance
Water Heater 1 Storage Water Heater - <=120 [gal] & <= 1.00
0.92 PASSES
Electric 12 [kW]
PASSES
Project: MDS007498
Title: MOD SPACE
Type: Office (Business)
Location: DADE COUNTY, DADE COUNTY, F
Piping System Compliance
Category
Pipe Dia Is Operating Ins Cond Ins Req Ins Compliance
[inches] Runout? Temp [Btu-in/hr Thick [in] Thick [in]
[F] .SF.F]
Heating System (Steam, Steam
0.25 True 105.00 0.28 1.00 0.69 PASSES
Condensate, & Hot Water)
PASSES
9/30/2013 EnergyGauge FlaCom FLCCSB v1.22
Project: MDS007498
Title: MOD SPACE
Type: Office (Business)
Location: DADE COUNTY, DADE COUNTY, F
Other Required Compliance
Category
Section
Requirement (write N/A in box if not applicable)
Check
Infiltration
406.1
Infiltration Criteria have been met
System
407.1
HVAC Load sizing has been performed
12(
Ventilation
409.1
Ventilation criteria have been met
ADS
410.1
Duct sizing and Design have been performed
T & B
410.1
Testing and Balancing will be performed
Electrical
413.1
Metering criteria have been met
Motors
414.1
Motor efficiency criteria have been met
Lighting
415.1
Lighting criteria have been met
0 & M
102.1
Operation/maintenance manual will be provided to owner
Roof/Ceil
404.1
R-19 for Roof Deck with supply plenums beneath it
Report
101
Input Report Print -Out from EnergyGauge FlaCom attached?
N
I
9/30/2013 EnergyGauge FlaCom FLCCSB v1.22
6
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
OF NIGH1.44,
•
O= �D
"ZORIOP
MEMORANDUM
TO MICIIAEL DESORCY, BUIDING OFFICLkL
FROM: VALERIE OAKES, CMC, ACTING TOWN CLERK
SUBJECT: 3200 SOUTH OCEAN BI,VD.
DATE: DECEMBER 3, 2014
At their regular meeting on December 2, 2014, the Town Commission approved
the recreational facility (pool) on the roof of the multi - family dwelling at the
property located at 3200 S. Ocean Blvd.
Should you need additional information, please do not hesitate to contact me.
Thank you,
AGENDA ITEM
TOWN OF HIGHLAND BEACH
TOWN COMMISSION MEETING
N \6HL
° ®m
I,' i
DATE: 12.- Z & O $1
New Business
Public Hearing X Miscellaneous Business
Ordinance/Resolution Other
TITLE: Highland Beach Code of Ordinance, Section 30- 68(u)(4)(e)(7).
Commission approval of recreational facility (pool) on the roof of a Multi- Family
Dwelling
SUMMARY/BACKGROUND INFORMATION:
3200 South Ocean Boulevard (RMH- Zoning District),- -Pool to be relocated from 2nd floor, rear
of structure. Town of Highland Beach Commission approved development order extension
(March 2013) with pool at 2nd floor, west side of structure. South Florida Water Management
District/Florida Department of Environmental Protection/ Army Corps of Engineers, required
developer to reposition structure approximately 30 feet to east. The rear of the structure is
positioned on the edge of the conservation easement, to accommodate new growth of protected
mangroves. The Developer /Architect, has relocated/designed the pool to roof level.
EXHIBITS:
FUNDS:
RECOMMENDED ACTION: Building Department has no objection.
1 MA► : GE', �) EPT. HEAD DATE:
S to A \ '
■�■ Y n (( 2
N NM .
RESOLUTION NO. 13 -005 R
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR
THE EXTENSION OF RESOLUTION NO. 10 -002R WHICH PREVIOUSLY EXTENDED THE
VARIANCE AND DEVELOPMENT ORDER OF THE HIGHLAND BEACH RENAISSANCE
(NOW KNOWN AS 3200 SOUTH OCEAN) PROJECT; PROVIDING FOR APPROVAL OF A
REVISED FACADE AND ELEVATIONS; PROVIDING FOR SEVERABILITY, CONFLICTS
AND AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature adopted Senate Bill 360 and subsequent bills extending
development orders, which were signed into Law, recognizing the economic downturn and the effect it
had on the Florida economy; and
WHEREAS, Senate Bill 360 and the subsequent extending bills, required local governments to
grant time extensions to previously issued development orders, upon notice from the property owner, and
WHEREAS, Resolution No. 10-002R was approved pursuant to the changes in statute effected
by the passage of Senate Bill 360 and subsequent bills; and
WHEREAS, the Town Commission has received a request to grant another time extension for
the variance and development order for the Highland Beach Renaissance (now known as 3200 South
Ocean) Project (the "Project ") originally approved in 2008, on property more particularly described in
Exhibit "A" attached hereto and incorporated herein (the "Property "); and
WHEREAS, 3200 Highland Beach Holdings, LLC, the new owners of the Property, propose to
fully retain the building height, massing, setbacks, etc. as previously approved, but seek to modify the
number of units within the interior of the existing building design and related parking, resulting in
revisions to the facade and elevations; and
WHEREAS, the Town Commission has reviewed the extension request and the proposed
revisions to the facade and elevations.
NOW, THEREFORE, BE IT RESOLVED, by the Town Commission of the Town of Highland Beach,
Florida, that:
SECTION 1. Resolution 10 -002R is extended for a period of twelve (12) months from the effective date
of this Resolution, to-wit: the time period during which the submission to the Town's Building
Department of an application for the issuance of a building permit for the Project incorporating the
revisions provided for in Section 2 below may be made is extended until the day which is twelve months
from the effective date of this Resolution
SECTION 2. The facade and elevations for a Building containing twenty -two residential units are made
part of the revised approval for the Property and are approved as presented.
SECTION 3. No other changes to the approvals granted by the Board of Adjustment and Appeals on
May 20, 2008, or the Town Commission on November 4, 2008, other than reconfiguration of unit floor
plans that does not result in changes to the facade or elevations approved in Section 2 above or increase
the number of units above the 22 units hereby approved, shall be made without application to and
approval by the appropriate board or commission. This resolution shall run with the land and bind any
successors or assigns in ownership of the Property.
SECTION 4. Severability. If any section or portion of a section of this Resolution proves to be invalid,
unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of
any other section or part of this Resolution.
SECTION 5. Conflicts. All resolutions or parts of resolutions in conflict with any of the provisions of
this Resolution are hereby repealed to the extent of such conflict.
SECTION 6. Effective Date. The Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED THIS J 4AY OF , 2013.
9 A ■• A • • 11.
Bernard F=:merman, Mayor
R.. i rown, V' ..Mayor / / /
•
Dennis J. Sh ' ,Co mmissioner
4
P Stern, iss oner
W. •!�_.
C. Fel. : , Commissioner
• TTEST:
//
Beverly M. Bro , MMC, Town Clerk
Glen J. To la, Town Attorney
Florida : ar No. 343374
Approved as to form and legal sufficiency
2
Highland Beach, FL Code of Ordinances about:blank
3. Electricity, water, and similar services shall not be installed, unless determined necessary by the
building official to meet requirements of the building code.
4. The surface of walks or decks shall not exceed the overall building height limit.
5. Not more than one deck or walk per principal structure or dwelling shall be installed.
6. Access to a deck or walk may be provided by an elevator or an unenclosed stairway, with such
secondary access as may be required by the building official.
7. Swimming pools, spas, jacuzzis, and hot tubs, but not other recreational facilities, shall be allowed on a
roof top of a single - family dwelling. Recreational facilities of this nature may be permitted on the roof
of a multiple - family dwelling if approved by the town commission.
8. Safety railings shall be provided to meet building or safety codes, provided such railings shall not be
opaque.
9. The decks, walks, and safety railings shall be constructed in a manner consistent with the architectural
style, colors, and materials of the principal structure.
(Ord. No. 684, Arc IV, 4 8, 7- 25 -00; Ord. No. 10 -002, Exh. A 6 -1 -10; Ord. No. 14 -002, 4 2, 3-4-14; Ord. No. 14 -003, 4 2, 3 -6-14 0rd. No. 14 -004, 4 3,
5- 6-14 ; ; Ord. No. 14 -008, 83, 10 -7 -14)
13 of 13 11/25/2014 4:09 PM
MITCHELL B. KIRSCHNER, P.A.
1 51 5 NORTH FEDERAL HIGHWAY, SUITE 314 MAY 15 2013
BOCA RATON, FLORIDA 33432
TELEPHONE (561) 347- O❑❑❑
FAX (561) 391- 2676
Mitchell B. Kirschner, Esq.*-mitch@kirschnerpa.com "Board Certified Real Estate Attorney
Jamie L.Kania, Esq.—jkania@kirschnerpa.com
May 15, 2013
HAND DELIVERED HAND DELIVERED
Mr. Mike Desorcy, Building Official Ms. Kathleen D. Weiser, Town Manager
Town of Highland Beach Town of Highland Beach
3616 South Ocean Boulevard 3614 South Ocean Boulevard
Highland Beach, Florida 33487 Highland Beach, Florida 33487
Re: 3200 South Ocean Boulevard
Project formerly known as Highland Beach Renaissance
Request for Extension of Variance and Development Order under
Section 30-21(g)(3) of the Town of Highland Beach Code of Ordinances
Dear Mr. Desorcy and Ms. Weiser:
This firm represents 3200 Highland Beach Holdings, LLC (the "New Owner"),the owner
of the property located at 3200 South Ocean Boulevard(the "Property").
As you may be aware, the New Owner obtained title to the Property, following
foreclosure of the prior owner of the Property, in November, 2012. Prior to New Owner
obtaining title to the Property,the Town had granted a variance and development order(together,
the "Approvals") on application of the prior owner for the construction of a condominium
building on the Property (the "Project"), as set forth in further detail below. New Owner has
committed to construct the Project on the Property substantially conforming to the Approvals,
which unfortunately lapsed prior to New Owner taking title to the Property.
Please accept this letter as a request for a twelve (12) month extension of the'previously
granted Approvals. This request is respectfully submitted pursuant to Section 30-21(g)(3) of the
Town of Highland Beach Code of Ordinances(the "Code"), which provides in pertinent part:
"The town commission may grant one or more extensions of time for a
specified development order. Each time extension shall not exceed
twelve (12) months. The town commission shall consider good faith
efforts to commence construction or comply with conditions of
approval..."
Section 30-21(g)(3) of the Code also establishes a list of factors that the Town
Commission may consider when reviewing requests for extensions of development orders. In
order to adequately address those factors which are relevant to the instant request, it would be
helpful to provide a short history of timing of the previously granted Approvals in the context of
the New Owner's acquisition of the Property.
Mr. Mike Desorcy and
Ms.Kathleen D. Weiser
May 15, 2013
Page 2
The Approvals
On May 20, 2008, the Board of Adjustment and Appeals granted a variance for the
Project, on the application of the Prior Owners, with whom New Owner has no affiliation or
relationship. The variance permitted an increase in the permitted height of the Project to 91 feet
and 43/4 inches. The variance was originally scheduled to expire on November 20, 2009.
On September 22, 2008, the Planning Board, on a 7-0 vote, granted its approval for the
construction of the Project. The Planning Board transmitted its recommendation to the Town
Commission and, on November 4, 2008, the Town Commission granted site plan approval for
the Project. The site plan approval was scheduled to expire on November 3, 2010.
The Prior Extension
On June 1, 2009, Governor Charlie Crist signed into law Senate Bill 360, which extended
the expiration date of certain development orders issued by local governments for up to two (2)
years in order to grant developers relief from time constraints of development orders in
recognition of the downturn in the real estate market.
Pursuant to Resolution No. 10-002R, adopted March 2, 2010, the Town Commission
implemented Senate Bill 360 and extended the expiration date of the Approvals for the Property
to November 20, 2011.
Prior Owner Failed to Apply for Second Extension
On May 28, 2010, Governor Crist signed into law Senate Bill 1752, which recognized the
continued downtown in the real estate market and extended the expiration date of certain local
government development orders, including those previously extended pursuant to Senate Bill
360, for two (2) years. The then current owner of the Property, Highland Beach Renaissance,
LLC (the "Prior Owner") was apparently in the throes of a foreclosure proceeding and neglected
to file for the further extension of the expiration date of the Approvals.
New Owner Could Not Utilize the Approvals
The Prior Owner's title to the Property was foreclosed by its lender, and, on
November 28, 2012, the Property was purchased by New Owner. New Owner purchased the
Property with the intent and purpose of developing the Project as previously approved. Had the
Prior Owner timely requested application of Senate Bill 1752, the Approvals would have been
extended to expire on November 20, 2013. Please note that by operation of law the SB 360 and
SB 1752 extensions were granted by state statue as a matter of law provided that the party to
whom the applicable development order was issued timely advised the municipality, county or
agency issuing the approvals of its election to extend its approval.
Mr.Mike Desorcy and
Ms.Kathleen D. Weiser
May 15, 2013
Page 3
Evidence of New Owner's Good Faith
As noted above, Section 30-21(g)(3) of the Code enumerates certain evidences of good
faith efforts of the recipient of a development order to commence construction or comply with
conditions of approval in determining whether an extension is warranted. It is respectfully
submitted that, as the owner of the Property since only November 28, 2012, New Owner did not
have the opportunity to have the benefit of the Approvals and could not have commenced
construction before the November 20, 2011 expiration date of the prior extension of the
Approvals. Accordingly, New Owner could not have used good faith efforts to advance
commencement of construction because it became the owner of the Property on a date
subsequent to the expiration of the Approvals, as extended.
However, New Owner requests cognizance of its good faith commitment to develop the
Project. New Owner has offered to construct the Project in substantial conformance with the
Approvals, subject only to minor elevation and facade revisions and the addition of seven (7)
units, which such addition will not modify the size of the building as previously approved, but
rather, will be accomplished by the contraction of units deemed too large for the current market.
Upon knowledge and belief, there have been no amendments to the Town's
Comprehensive Plan or the Code which would render the Approvals not consistent with the
Comprehensive Plan or Code. New Owner is unaware of any actions by other governmental
agencies or other parties which would adversely affect the ability of New Owner to commence
construction following the extension of the Approvals.
New Owner is fully apprised of the Town's schedule of fees with respect to the
development of the Project and of the provisions of the Code controlling development in the
Town and is prepared to pay all such fees and comply with all such ordinances.
Recent trends in and surveys of the condominium market in south Palm Beach County
indicate that there is a market for premier luxury condominiums in Highland Beach in the price
range at which the condominium units in the Project are contemplated to be sold. New Owner is,
in fact, the fee title owner of the Property and is not a speculative contract vendee subject to a
due diligence"escape clause."
If the Approvals are extended as requested, New Owner is confident that the twelve (12)
month extension of the Approvals will suffice for New Owner's development objectives.
However, if the requested extension is not granted, there will be a resulting protracted delay in
obtaining new approvals for the Project, the design of which may not necessarily comport with
the prior Approvals. A denial of the requested extension of the Approvals will only cause the
long-vacant Property to remain in its current condition for the foreseeable future as New Owner
begins the development process anew.
Mr.Mike Desorcy and
Ms.Kathleen D. Weiser
May 15, 2013
Page 4
A review fee check in the amount of$200.00 is enclosed with this request. Your
consideration of this matter is greatly appreciated.
Very truly Y&a'si
Mitch e�
cc: Mr. Michael Keilty(via email)
Mr. Gary Cohen (via email)
THE RENAISSANCE AT HIGHLAND BEACH
Dear Neighbors:
Please see the attached notice for the Board of Adjustment meeting on May 20th to review the
variance petition for our proposed new condominium building, The Renaissance at Highland
Beach, located at 3200 S. Ocean Boulevard. Following is a brief description of our variance
request and why we believe the proposed building provides the optimum design for this site
and for the Town of Highland Beach.
The effect of granting our variance application will be to allow for the construction of a
residential building (only 15 units on a permissible 27.36 unit parcel), with a height the same
or less than that of the neighboring buildings, for which we will set back the building well in
excess of that required by Code in Section 30-66 which contemplates and provides criteria for
this particular type of variance request. This will allow the completion of a compatible
streetscape as well as providing an architecturally pleasing "in-fill" on a parcel that has been
left vacant and remains troublesome for the Town, and the adjacent neighbors.
This parcel is one of the last vacant buildable lots remaining in the Town of Highland Beach
and in this zoning district. This circumstance, coupled with the unfortunate history of the
parcel that delayed it from being developed prior to the code height reduction is indeed a
unique and special circumstance. This will be rectified by the construction of a compatible
building which has been purposely designed to minimize its bulk, mass and density while
providing its neighbors with generous setbacks and view corridors.
The granting of this variance will allow this specially designed, unobtrusive building to be
constructed at a height compatible to the landscape of the Town. The construction of this
building to a height similar or less than its immediate neighbors will end the incongruity of the
current unimproved tract among a matured set of neighboring buildings. If a building were to
be constructed without the benefit of the variance, (see enclosed photograph titled "Zoning
Envelope") it would utilize the maximum 27 unit density and be of such bulk and appearance
of mandated compaction as to be an unfortunate, out-of-character addition to the Town's
landscape, leaving the neighboring buildings with an undesirable view of the massive roof top
of a squatty building.
Enclosed for your review are renderings and model photography depicting the proposed
Renaissance at Highland Beach building. By viewing these, we believe you will agree that
the proposed building provides the optimum design for this site.
Respectfully submitted,
Ed and Betty Masi ��� --
Highland Beach Renaissance, LLC
projects/active/renaissance/variance/letter to neighbors for Board of Adjustment meeting.doc