Land Development and Planning Project Files_4801 S. Ocean Blvd._20211110_Application No. 21-0008 PLANNING BOARD
STAFF REPORT
MEETING OF: NOVEMBER 10, 2021
TO: PLANNING BOARD
FROM: INGRID ALLEN, TOWN PLANNER
SUBJECT: APPLICATION BY B&M MARINE CONSTRUCTION, INC. FOR A
SPECIAL EXCEPTION APPROVAL TO INSTALL A 1,315 SQUARE
FOOT MARGINAL DOCK, A 271 LINEAR FOOT SEAWALL AND
CAP, A 120 SQUARE FOOT FINGER PIER, AND A 16,000 POUND
CAPACITY BOAT LIFT FOR THE PROPERTY LOCATED AT 4801
SOUTH OCEAN BOULEVARD (APPLICATION NO. 21-0008)
Applicant (Property Owner): Boca Highland Center, Inc.
4801 South Ocean Boulevard
Highland Beach, FL 33487
Applicant’s Agent: David Nutter
B & M Marine Construction, Inc.
1211 South Military Trail, #220
Deerfield Beach, FL 33442
Property Characteristics:
Comprehensive Plan Land Use: Multi Family Low Density
Zoning District: Residential Multiple Family Low Density (RML)
Parcel PCN#: 24-43-47-09-00-001-0100
I. GENERAL INFORMATION:
HIGHLAND BEACH BUILDING DEPARTMENT
3614 S. Ocean Boulevard
Highland Beach, FL 33487
Ph: (561) 278-4540
Fx: (561) 265-3582
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Request and Analysis:
The Applicant is proposing to install a 1,315 square foot marginal dock, a 271 linear foot seawall
and cap overpour within 18 inches waterward of the existing seawall, a 120 square foot finger pier,
and a 16,000 pound capacity boat lift for the property located at 4801 South Ocean Boulevard within
the Boca Highlands development. According to the Applicant’s plan set, the existing four (4) post,
16,000 pound capacity boat lift will be removed and then reinstalled after the new dock and pier are
constructed.
Pursuant to Section 6 -128 of the Town Code, no bulkhead, seawall, or retaining wall shall be
erected or constructed in any water, canal or lake, or on land abutting thereon, within the limits of
the town, unless plans and specifications have been submitted to and approved by all federal, state
and county agencies with jurisdiction over such construction activ ities, the planning board and the
town consulting engineer, with a copy of such plans and specifications being filed with the town .
The Applicant has obtained both Florida Department of Environmental Protection (FDEP) and US
Army Corps of Engineers (ACOE) approval for the above-referenced items. The corresponding
file/permit numbers for each agency are provided in the table below. Note that both the FDEP and
ACOE approvals reference the proposed marginal dock at 1,350 square feet rather than 1,315
square feet as proposed on the Applicant’s plan set submitted to the Town. The Applicant indicates
that the area used for the FDEP and ACOE approvals w as calculated using total length and width
without regard to the dock corners (see “sq uare footage note” on sheet 2 of 9 of Applicant plans).
FDEP (PERMIT NO.) ACOE (FILE NO.)
50-196034-007-EI SAJ-2007-01043 (NW-CGK)
The Applicant’s request is consistent with the definition of boat lift provided in Section 30 -131 of
the Town code as follows:
Boat lifts means the bottom of the keel of any boat shall not be hoisted greater than one
foot above the minimum seawall elevation. In no case shall the lift be higher than the
superstructure of the boat when lifted.
Pursuant to Section 6-128(b) of the Town Code, all seawalls west of State Road A1A shall be at
Base Flood Elevation (BFE) or higher as provided by the FEMA FIRM maps . The BFE for the
property is currently at 6 feet. The Applicant’s proposed seawall is 6.0 feet NAVD.
The Applicant’s request is consistent with the special exception provisions of Section 30-36 of the
Town Code, were applicable, and consistent with the Town Comprehensive Plan and Code of
Ordinances.
Section 30-67(b) of the Town Code indicates that docks, seawalls, and boat lifts in the Residential
Multiple Family Low Density (RML) zoning district require special exception approval by the
Planning Board. Section 30-36(a) of the Town code states that the Planning Board may approve,
approve with conditions, or deny a request for special exception relating to seawalls, bulkheads,
retaining walls and accessory marine facilities.
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If the Planning Board approves the request, the Applicant will be required to obtain a building permit
from the Town of Highland Beach Building Department following such approval and prior to
initiation of construction. Pursuant to Section 30-21(g) of the Town Code, commencement of
construction shall be initiated within two (2) years following the date of approval by the Planning
Board.
Staff recommends approval of the special exception request to install a 1,315 square foot marginal
dock, a 271 linear foot seawall and cap, a 120 square foot finger pier, and a 16,000 pound capacity
boat lift based on the plans date stamped received by the Building Department on October 5, 2021:
Plans meet Town of Highland Beach Zoning and other governmental agencies
requirements and are consistent with the Town Comprehensive Plan.
Plans meet Town of Highland Beach Zoning requirements; however, approvals are
pending before the Town of Highland Beach will issue permits, with other
governmental agencies as listed.
Plans do not meet Town of Highland Beach Zoning requirements.
Should you have any questions, please feel free to contact me at (561) 637-2012 or
iallen@highlandbeach.us
Attachments: Application
Aerials
FDEP approval
ACOE approval
HOA approval
Applicant Plans
II. Recommendation
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480 1 South Ocea n Boul eva rd Palm Be ach Cou ntyNone
Octob er 26, 20 21
0 0.03 0.060.015 mi
0 0.055 0.110.027 5 km
1:2,25 7
Crea te d b y: P alm Beach Co untyµPage 32
4801 South Ocean Boulevard Palm Beach CountyNone
October 26, 2021
0 0.015 0.030.0075 mi
0 0.025 0.050.0125 km
1:1,128
Created by: Palm Beach Countyµ
PROJECT AREA
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4801 South Ocean Boulevard03/23/2021••PROJECT AREA-----
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PUBLIC NOTICE
APPLICATION NO. 21-0008
500 Ft Public Notification Boundary
October 26, 2021
Dear Property Owner:
This is to notify you that the PLANNING BOARD of the Town of Highland Beach will conduct
a public hearing on Wednesday, November 10, 2021 at 9:30 AM in the Commission Chambers at
Town Hall, 3614 South Ocean Boulevard, Highland Beach, Florida to consider the following
application.
APPLICATION NO. 21-0008 BY B&M MARINE CONSTRUCTION, INC. FOR A
SPECIAL EXCEPTION APPROVAL TO INSTALL A 1,315 SQUARE FOOT
MARGINAL DOCK, A 271 LINEAR FOOT SEAWALL AND CAP, A 120 SQUARE
FOOT FINGER PIER, AND A 16,000 POUND CAPACITY BOAT LIFT FOR THE
PROPERTY LOCATED AT 4801 SOUTH OCEAN BOULEVARD.
APPLICANT: BOCA HIGHLAND CENTER, INC.
The application is available for inspection in the Town Clerk’s Office at Town Hall, Monday
through Friday during normal business hours of 8:30 A.M. to 4:30 P.M.
Public participation will be in the forms of in-person, Zoom or telephone call. Persons desiring to
participate in the meeting must preregister by contacting Deputy Town Clerk Beverly Wright at
email address publiccomments@highlandbeach.us or by submitting public comment to the Town
of Highland Beach’s Agendas and Meetings webpage https://mmportal6.teammunicode.com//. At
the top of the webpage, click on “Public Comments” complete the electronic form and click
submit. The submitted comment will be read into record during the corresponding portion of the
meeting. All request will be accepted up until 9:30 A.M. on Wednesday, November 09, 2021.
Any person that decides to appeal any decision made by the Town Commission with respect to
any matter considered at this meeting, such person will need to ensure that a verbatim record of
the proceeding is made, which includes the testimony and evidence upon which the appeal is based.
The Town of Highland Beach does not provide such a record.
In accordance with the Americans with Disabilities Act, persons who need special accommodation
to attend or participate in this meeting should contact the Town Clerk’s Office at (561) 278-4548
at least 48 hours prior to the meeting. If you are hearing or speech impaired, please contact the
Florida Relay Service at 1-800-955-8770 or 1-800-955-8771.
For additional information, please contact the Town Planner at (561) 278-4540.
TOWN OF HIGHLAND BEACH, BUILDING DEPARTMENT
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Sold To:
Town of Highland Beach - CU00398185
3614 So. Ocean Blvd.
Highland Beach,FL 33487
Bill To:
Town of Highland Beach - CU00398185
3614 So. Ocean Blvd.
Highland Beach,FL 33487
Published Daily
Fort Lauderdale, Broward County, Florida
Boca Raton, Palm Beach County, Florida
Miami, Miami-Dade County, Florida
State Of Florida
County Of Orange
Before the undersigned authority personally appeared
Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL,
a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the
attached copy of advertisement, being a Legal Notice in:
The matter of 11720-Notice of Public Meeting , Town of Highland Beach
Was published in said newspaper in the issues of; Oct 31, 2021
Affiant further says that the said SUN-SENTINEL is a newspaper published in said BROWARD/PALM
BEACH/MIAMI-DADE County, Florida, and that the said newspaper
has heretofore been continuously published in said BROWARD/PALM BEACH/MIAMI-DADE County,
Florida, each day and has been entered as second class matter at the post office in BROWARD County,
Florida, for a period of one year next preceding the first publication of the attached copy of advertisement;
and affiant further says that he or she has neither paid nor promised, any person, firm or corporation, any
discount, rebate, commission or refund, for the purpose of securing this advertisement for publication in the
said newspaper.
Signature of Affiant
Sworn to and subscribed before me this: November 01, 2021.
Signature of Notary Public
Name of Notary, Typed, Printed, or Stamped
Personally Known (X) or Produced Identification ( )
Affidavit Delivery Method: E-Mail and U.S. Mail
Affidavit Email Address: bwright@highlandbeach.us
7063885
SUN-SENTINEL
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SUN-SENTINEL
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Order # - 7063885
SUN-SENTINEL
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