2023.02.09_PB_Agenda_RegularTown of Highland Beach
Notice of Public Meeting Protocol
The Town of Highland Beach is committed to serving the needs of the public while also working to
ensure the safety and health of the town’s staff, the community, and visitors alike.
That said, as an added layer of protection for the safety of all attending meetings in the Commission
Chambers, the wearing of facial coverings or masks is required. Also, until further notice, Social
distancing requirements and in-person meeting capacity limits remain in place. For those interested,
Zoom Video Communications and telephone participation are offered.
The following information is guidance for preregistration for Zoom or telephone participation, and
for viewing and providing public comments at the meeting:
ZOOM PARTICIPATION:
Online or Telephone Access – Access to the meeting will begin on the date and time of the meeting.
To Join Meeting: All interested persons must preregister to participate by contacting Town Clerk
Lanelda Gaskins at publiccomments@highlandbeach.us or by calling (561) 278-4548 no later than
one (1) business day prior to the meeting date (e.g. by 4:30 P.M. on a Monday if the meeting
is scheduled for that Tuesday; and by 4:30 P.M.).
Meeting access information and instructions will be provided to those persons two hours prior to
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on the following:
Highland Beach TV Channel 99 online streaming on the Town’s website and via Highland Beach
YouTube at https://www.youtube.com/channel/UCTAGr8WCa44Y3Q2Bb6UN2mw.
PROVIDING PUBLIC COMMENT:
Persons desiring to provide public comments must do so by one of the methods listed below. Public
comments will be limited to five minutes (three minutes for special Commission meeting items only)
per person during the designated section of the agenda. If an interested person desires to provide a
written public comment, all comments must be directed to Lanelda Gaskins, Town Clerk as follows:
TO SEND COMMENTS IN ADVANCE VIA EMAIL:
Page 1
Agenda – Planning Board Regular Meeting
Thursday, February 09, 2023, 9:30 AM Page 2 of 4
To submit public comments, click on the link https://mmportal6.teammunicode.com// to go to
the Agendas and Meeting webpage. At the top of the page click on “Public Comments” to submit
your comments, or
Submit your comments to publiccomments@highlandbeach.us.
The Town will receive such public comments no later than two (2) hours prior to the meeting. If
timely received, Town staff will read the public comment at the meeting.
Live Zoom Video Participation - If attending via Zoom online, please follow Zoom instructions
above. Once the meeting gets to the applicable public comment period, the host of the meeting
will allow public participants (audio only) into the meeting from the waiting room, to provide live
public comments.
Live Zoom Telephone Participation - If attending via Zoom by telephone, please follow the
instructions above. Once the meeting gets to the appropriate public comment period, the host of
the meeting will allow public participants into the meeting from the waiting room, to provide live
public comments.
Should you have any questions, please feel free to contact the Town Clerk’s Office at (561) 278-4548.
Published: 05.26.2021 / Updated 04.15.2022
Page 2
Agenda – Planning Board Regular Meeting
Thursday, February 09, 2023, 9:30 AM Page 3 of 4
AGENDA
PLANNING BOARD REGULAR MEETING
Thursday, February 09, 2023, At 9:30 AM
TOWN OF HIGHLAND BEACH, FLORIDA
3614 S. OCEAN BOULEVARD
HIGHLAND BEACH, FL 33487
Telephone: (561) 278-4548
Website: www.highlandbeach.us
TOWN HALL COMMISSION CHAMBERS
1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE
4.APPROVAL OF THE AGENDA
5.SWEARING IN OF THE PUBLIC
6.PUBLIC COMMENT (limited to five (5) minutes per speaker)
7.APPROVAL OF MINUTES
A.January 12, 2023
8.UNFINISHED BUSINESS
9.NEW BUSINESS
A.Development Application No. 22-0016 / Nancy F. Politzer
Application By Akbar Mondal Nunez, Boat Lifts & Docks Of South Florida, for a
special exception approval to install a 10,000-pound capacity boat lift in slip no.
22 for a property located at 4018 South Ocean Boulevard. (DO #22-0016).
B.Discussion on zoning district density review
Page 3
Agenda – Planning Board Regular Meeting
Thursday, February 09, 2023, 9:30 AM Page 4 of 4
10. ANNOUNCEMENTS
February 14, 2023 1:00 P.M. Code Enforcement Board Regular
Meeting
February 20, 2023 Town Hall closed in observance of
Presidents Day
February 21, 2023 1:30 P.M. Town Commission Meeting
March 09, 2023 9:30 A.M. Planning Board Regular Meeting
11. ADJOURNMENT
Any person that decides to appeal any decision made by the Planning Board with respect to any matter considered at
this meeting, such person will need to ensure that a verbatim record including testimony and evidence upon which the
appeal is based. (State Law requires the above Notice. Any person desiring a verbatim transcript shall have the
responsibility, at his/her own cost, to arrange for the transcript.) The Town neither provides nor prepares such records.
There may be one or more Town Commissioners attending the meeting.
In accordance with the Americans with Disabilities Act (ADA), persons who need accommodation in order to attend or
participate in this meeting should contact Town Hall at (561) 278-4548 within a reasonable time prior to this meeting in
order to request such assistance.
Page 4
File Attachments for Item:
A.January 12, 2023
Page 5
TOWN OF HIGHLAND BEACH
PLANNING BOARD REGULAR MEETING
MINUTES
Town Hall / Commission Chambers Date: January 12, 2023
3614 South Ocean Boulevard
Highland Beach, Florida 33487
Time: 9:30 AM
1. CALL TO ORDER
Chairperson Goldenberg called the meeting to order at 9:30 A.M.
2. ROLL CALL
Member Brian DeMoss
Member David Powell
Member Jason Chudnofsky
Member Roger Brown
Vice Chairperson Mendelson
Chairperson Eric Goldenberg
Town Attorney Leonard Rubin
Administrative Support Specialist Ganelle Thompson
ABSENT
Member Harry Adwar
ADDITIONAL STAFF PRESENT
Town Planner Ingrid Allen
3. PLEDGE OF ALLEGIANCE
The Board Members led the Pledge of Allegiance to the United States of America.
4. APPROVAL OF THE AGENDA
MOTION: Powell/Chudnofsky - Moved to approve the agenda as presented,
which passed unanimously 5 to 0.
5. SWEARING IN OF THE PUBLIC
Ms. Thompson swore in those giving testimony.
Page 6
Planning Board Regular Meeting Minutes
Date: January 12, 2023 Page 2 of 4
6. PUBLIC COMMENT
There were no public comments.
7. APPROVAL OF MINUTES
A. November 17, 2022
MOTION: Powell/DeMoss - Moved to approve the November 17, 2022 Minutes,
which passed unanimously 5 to 0.
8. UNFINISHED BUSINESS
None.
9. NEW BUSINESS
A. Development Application No. 22-0013 / 4320 Intracoastal, LLC
Application By William R. Thomas, Unlimited Permit Services Inc., for a special
exception approval to install a 107 linear foot seawall, a 180 square foot dock,
and a 27,000-pound capacity boat lift for the property located at 4320 Intracoastal
Drive.
Chairperson Goldenberg read the title of Item 9.A. and asked the Board members
if they had any ex parte communications to disclose. The Board members had
no ex-parte communications. Chairperson Goldenberg opened the public hearing
and called Town Planner Allen to present her recommendations regarding th e
application.
Town Planner Allen presented a PowerPoint Presentation of the Development
Order depicting aerial photographs of the property with the existing seawall and
dock, the survey, and the dock details. She advised that the applicant received
authorization from the Florida Department of Environmental Protection (FDEP)
and the US Army Corps of Engineers (ACOE) for the proposed dock. Staff is
recommending approval to install a 107 linear-foot seawall, a 180 square-foot
dock, and a 27,000-pound capacity boat lift for the property located at 4320
Intracoastal Drive. The applicant will be required to obtain a building permit from
the Town of Highland Beach Building Department. Pursuant to Section 30 -21(g)
of the Town Code, the commencement of construction shall be initiated within
two (2) years following the date of approval by the Planning Board.
William R. Thomas of Unlimited Permit Services Inc. provided information on the
contractor and the reason for using concrete versus wood as a building material
for the construction of the dock.
The public hearing was closed followed by a motion.
Page 7
Planning Board Regular Meeting Minutes
Date: January 12, 2023 Page 3 of 4
MOTION: Mendelson/Demoss - Moved to approve (Development Order No.
22-0013). Based upon roll call: Vice Chairperson Mendelson (Yes),
Member DeMoss (Yes), Member Brown (Yes), Member Powell
(Yes), Member Chudnofsky (Yes), and Chairperson Goldenberg
(Yes). The motion passed on a 6 to 0 vote.
B. 2023 PROPOSED PLANNING BOARD MEETING DATES
MOTION: Chudnofsky/Demoss - Moved to approve 2023 Proposed Planning
Board meeting dates as presented, which passed unanimously 6 to
0.
10. ANNOUNCEMENTS
Chairperson Goldenberg read the announcements as followed:
January 16, 2023 Town Hall closed in observance of Martin
Luther King, Jr. Day
January 17, 2023 9:30 A.M. Town Commission Meeting
January 24, 2023 9:00 A.M. Coffee with the Mayor
January 26, 2023 11:30 A.M. Financial Advisory Board Regular Meeting
February 09, 2023 9:30 A.M. Tentative Planning Board Regular Meeting
Town Planner Allen mentioned that she will be providing a summary to the Board of
all the public input meetings and attaching all the public comments along with a
memorandum that will go to the Town Commission.
Page 8
Planning Board Regular Meeting Minutes
Date: January 12, 2023 Page 4 of 4
11. ADJOURNMENT
The meeting adjourned at 9:48 A.M.
MOTION: Powell/ Mendelson - Moved to adjourn the meeting, which passed
unanimously 6 to 0.
APPROVED on February 09, 2023, Planning Board Regular Meeting.
_________________________________
Eric Goldenberg, Chairperson
ATTEST:
Transcribed by: Ganelle Thompson
____________________________________ _____________________________
Ganelle Thompson, Date
Administrative Support Specialist
Disclaimer: Effective May 19, 2020, per Resolution No. 20 -008, all meeting minutes are
transcribed as a brief summary reflecting the event of this meeting. Verbatim audio/video
recordings are permanent records and are available on the Town’s Media Archives &
Minutes webpage: https://highlandbeach-fl.municodemeetings.com/.
Page 9
File Attachments for Item:
A. Development Application No. 22-0016 / Nancy F. Politzer
Application By Akbar Mondal Nunez, Boat Lifts & Docks Of South Florida, for a special
exception approval to install a 10,000-pound capacity boat lift in slip no. 22 for a
property located at 4018 South Ocean Boulevard.
Page 10
PLANNING BOARD
STAFF REPORT
MEETING OF: February 9, 2023
TO: PLANNING BOARD
FROM: INGRID ALLEN, TOWN PLANNER
SUBJECT: APPLICATION BY AKBAR MONDAL NUNEZ, BOAT LIFTS &
DOCKS OF SOUTH FLORIDA, FOR A SPECIAL EXCEPTION
APPROVAL TO INSTALL A 10,000 POUND CAPACITY BOAT
LIFT IN SLIP NO. 22 FOR A PROPERTY LOCATED AT 4018
SOUTH OCEAN BOULEVARD. (DO #22-0016)
Applicant (Property Owner): Nancy F. Politzer
4018 South Ocean Blvd.
Highland Beach, Fl. 33487
Applicant’s Agent: Akbar Mondal Nunez
Boat Lifts & Docks of South Florida
989 Northwest 31 Avenue
Pompano Beach, Fl. 33060
Property Characteristics:
Comprehensive Plan Land Use: Multi Family Low Density
Zoning District: RML, Residential Multiple Family Low Density
Site Location: 4018 South Ocean Blvd, slip number 22
Parcel PCN#: 24-43-47-04-55-000-0090
I. GENERAL INFORMATION:
HIGHLAND BEACH BUILDING DEPARTMENT
3614 S. Ocean Boulevard
Highland Beach, FL 33487
Ph: (561) 278-4540
Fx: (561) 265-3582
Page 11
Request and Analysis:
The Applicant is proposing to install a four (4) post, 10,000 pound capacity boat lift in slip number
22 of the boat dock located at the Ocean Cove development. To the west of the Ocean Cove
residences, there is a walkway that leads to the dock which runs parallel to the Intracoastal
Waterway. The existing dock slips only accommodate perpendicular docking.
The Applicant has obtained South Florida Water Management District (SFWMD) (Application No.
220916-35977) and US Army Corps of Engineers (File No. SAJ -2022-02908(GP-PRC)
authorizations for the proposed boat lift . Note that the Florida Department of Environmental
Protection (FDEP) delegated the review of the request to the SFWMD (see attached FDEP email
correspondence). FDEP determined that because the Boca Cove development initially received an
Environmental Resource Permit from SFWMD, the proposed boat lift should be reviewed by
SFWMD given the permitting history. It is worth noting that a previous boat lift request (DO# 21 -
0006 – 4036 S. Ocean Blvd.) located within the same Boca Cove development was approved in
2021 by FDEP not SFWMD. FDEP indicated to staff that they inadvertently processed such
approval; however, it is considered a valid authorization.
According to the Applicant’s boat lift detail (sheet DET 1), the top of the lift measures 6 feet 11
inches from the existing pier. The Applicant has not dimensioned the superstructure components
of the boat on the lift detail (this is not a requirement of the Town Code). That said and at the
request of staff, the Applicant has included on sheet DET 1, a note referencing the boat lift
definition found in Section 30 -131 of the Town Code which is 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.
Section 30-68(h)(1)a. of the Town Code, states that the installation of a boat lift shall be subject to
special exception approval by the Planning Board at an advertised public hearing. Section 30-36(a)
of the Town code states that if the Planning Board is the final authority on the special exception,
then it shall approve, approve with conditions, or deny the application.
Staff has reviewed the Applicant’s proposed request and finds that the project is consistent with the
Zoning Code (Chapter 30) including the special exception criteria of Section 30-36, were applicable,
and the Town Comprehensive Plan.
Following an approval by the Planning Board and prior to initiation of construction, the Applicant
will be required to obtain a building permit from the Town of Highland Beach Building
Department. 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.
II. Recommendation
Page 12
Staff recommends approval to install a proposed 10,000 pound capacity boat lift in slip number 22
based on the plans date stamped received by the Building Department on January 6, 2023:
The Applicant’s proposed request:
Meets Town of Highland Beach Zoning and other governmental agencies
requirements.
Meets 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:
Does 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
Ingrid Allen
Town Planner
Attachments: Application
Aerials
HOA approval
FDEP correspondence
SFWMD authorization
ACOE authorization
Applicant Plans
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3908
110711051103
3921
1113
4102
4018
4001
40444042
4011
4101
4026
4020
4040
4006
4111
4015
4023
4014 4004
4019
4002
4005
4024
4104
4022
4032
4028
1101-A
4036
4108
4034
40104016
4030
1101-B
4038
4008
1119-4
4012
1119-2
1123-3
1123-1
1115
1119-1
1100-B
1101-D
4105
1109
1111
S Ocean Blvd
S Ocean BlvdHighland Beach Dr
4018 South Ocean Blvd.
State of Florida, Maxar, Microsoft
Highland Beach Boundary
Highland Beach Address Points
Highland Beach Parcels
Streets Centerline
1/26/2023, 10:26:55 AM 0 0.03 0.060.01 mi
0 0.05 0.10.03 km
1:2,257
Town of Highland Beach
State of Florida, Maxar, Microsoft |
Subject
property
Ocean
Cove
dock
Page 17
Source: Palm Beach County Property Appraiser
Ocean Cove
Slip No. 22
Ocean Cove Residences
Page 18
Page 19
1
Ingrid Allen
From:Meyer, Jeffrey L <Jeffrey.L.Meyer@FloridaDEP.gov>
Sent:Thursday, January 5, 2023 9:32 AM
To:Ingrid Allen
Cc:Sattelberger, Danielle; Osborne, Vanessa
Subject:RE: 426221-001 Polizer, Nancy (4018 S Ocean Blvd)
Wemayhaveinadvertentlyprocessedanapplicationatthefacility.Sometimestheyslipthroughtheprocesswithout
beingreͲrouted.It’sstillavalidauthorization,evenifitwasn’tsupposedtocomefromus.However,allfutureERP
applicationsforthatfacilityshouldbehandledbySFWMD.
JeffreyL.Meyer
EnvironmentalAdministrator
Florida Department of Environmental Protection
Southeast District – West Palm Beach
3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL 33406
Jeffrey.L.Meyer@floridadep.gov
Office: 561.681.6645
RequestDEPPreͲApplicationMeetingwithSED(surveygizmo.com)
TheDepartmentofEnvironmentalProtectionvaluesyourfeedbackasacustomer.Pleasetakeafewminutestocomment
onthequalityofserviceyoureceivedbycompletingtheDEPCustomerSurvey.
From:IngridAllen<iallen@highlandbeach.us>
Sent:Tuesday,January3,20235:00PM
To:Meyer,JeffreyL<Jeffrey.L.Meyer@FloridaDEP.gov>
Cc:Sattelberger,Danielle<Danielle.Sattelberger@FloridaDEP.gov>;Osborne,Vanessa
<Vanessa.Osborne@FloridaDEP.gov>
Subject:RE:426221Ͳ001Polizer,Nancy(4018SOceanBlvd)
EXTERNALMESSAGE
ThisemailoriginatedoutsideofDEP.Pleaseusecautionwhenopeningattachments,clickinglinks,orrespondingtothis
email.
Jeffrey:
Thankyouforyourquickresponse.Thisisveryinteresting,backin2021,arequestforaboatliftwithinthesameBoca
Covecommunity(4036S.OceanBlvd)wasprocessedhereintheTown.TheapplicantprovidedtheattachedFDEPletter
(aswellasACOEletter)whichdidnotreferenceatransfertotheSFWMDtodelegate.Shouldtheyhave?
Page 20
2
Sincerely,
IngridAllen
TownPlanner
TownofHighlandBeach
3614S.OceanBoulevard
HighlandBeachFL33487
(561)278Ͳ4540Office(option3)
(561)278Ͳ2606Fax
www.highlandbeach.us
PLEASENOTE:Floridahasaverybroadpublicrecordslaw.MostwrittencommunicationstoorfromtheTownofHighlandBeachofficialsand
employeesregardingpublicbusinessarepublicrecordsavailabletothepublicandmediauponrequest.YoureͲmailcommunicationsmaybe
subjecttopublicdisclosure.UnderFloridalaw,eͲmailaddressesarepublicrecords.IfyoudonotwantyoureͲmailaddressreleasedinresponseto
apublicrecordsrequest,donotsendelectronicmailtothisentity.Instead,contactthisofficebyphoneorinwriting.Theviewsexpressedinthis
messagemaynotnecessarilyreflectthoseoftheTownofHighlandBeach.
From:Meyer,JeffreyL<Jeffrey.L.Meyer@FloridaDEP.gov>
Sent:Tuesday,January3,20233:28PM
To:IngridAllen<iallen@highlandbeach.us>
Cc:Sattelberger,Danielle<Danielle.Sattelberger@FloridaDEP.gov>;Osborne,Vanessa
<Vanessa.Osborne@FloridaDEP.gov>
Subject:RE:426221Ͳ001Polizer,Nancy(4018SOceanBlvd)
HiIngrid,
EnvironmentalResourcePermitting(ERP)jurisdictionintheStateofFloridaissplitbetweenFDEPandtheWater
ManagementDistricts.Thereisanoperatingagreementinplacethatdictateswhichagencyisresponsibletoprocess
ERPpermitsbasedonthetypeofactivityproposed.Typically,singleͲfamilydockingstructures,includingboatlifts,are
FDEP’sresponsibility.However,inthiscasetheproposedboatliftispartofalargerresidentialdevelopmentthat
previouslyreceivedanERPfromSFWMD.Sincethefacility’sERPpermittinghistoryiswithSFWMD,thatagencyis
responsibleforreviewingtheproposedboatliftproject.
Regards,
JeffreyL.Meyer
EnvironmentalAdministrator
Florida Department of Environmental Protection
Southeast District – West Palm Beach
3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL 33406
Jeffrey.L.Meyer@floridadep.gov
Office: 561.681.6645
Page 21
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Exhibit 2.0 Exemption No. 50-107725-PPage 1 of 5Page 28
Exhibit 2.0 Exemption No. 50-107725-PPage 2 of 5Page 29
Exhibit 2.0 Exemption No. 50-107725-PPage 3 of 5Page 30
Exhibit 2.0 Exemption No. 50-107725-PPage 4 of 5Page 31
Exhibit 2.0 Exemption No. 50-107725-PPage 5 of 5Page 32
Regulatory Division
South Branch
Palm Beach Gardens Section
SAJ-2022-02908(GP-PRC)
Nancy Politzer
4018 South Ocean Boulevard
Highland Beach, FL 33069
Sent via email: docksandlifts@gmail.com
Dear Ms. Politzer:
The U.S. Army Corps of Engineers (Corps) has completed the review of your
application for a Department of the Army permit, which the Corps received on
September 15, 2022. Your application was assigned file number SAJ-2022-02908. A
review of the information and drawings provided indicates that the proposed work would
result in the installation of a boat lift in Slip #22 of an existing multifamily dock, Ocean
Cove Marina. The activities subject to this permit are authorized pursuant to authorities
under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403). The project
is located in the Intracoastal Waterway, a water of the U.S., at 4018 S Ocean
Boulevard, in Section 4, Township 43 South, Range 47 East, Highland Beach, Palm
Beach County, Florida (26.402822, -80.067952).
This letter verifies your project, as described above and depicted on the enclosed
drawings, is authorized by Regional General Permit (RGP) SAJ-20 and any subsequent
modifications, if applicable. This RGP authorization is valid until March 27, 2023.
Please access the Corps' Jacksonville District Regulatory Division Source Book web
page to view the special and general conditions for SAJ-20, which apply specifically to
this authorization. The Internet URL address is:
https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/. Please be aware
this Internet address is case sensitive and you will need to enter it exactly as it appears
above. Once there, select “General Permits.” Then you will need to select the specific
SAJ permit noted above.
You must comply with all of the general and special conditions of the RGP, including
any project-specific conditions included in this letter and all conditions incorporated by
reference as described above.
General Conditions (33 CFR PART 320-330):
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, JACKSONVILLE DISTRICT
4400 PGA BOULEVARD, SUITE 500
PALM BEACH GARDENS, FLORIDA 33410 October 31, 2022
Page 33
-2-
1. The time limit for completing the work authorized ends on March 27, 2023.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish
to cease to maintain the authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort of if the site is eligible for
listing in the National Register of Historic Places.
4. If you sell the property associated with this permit you must obtain the signature
of the new owner on the transfer form attached to this letter and forward a copy to this
office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you
must comply with the conditions specified in the certification as special conditions to this
permit. For your convenience, a copy of the certification is attached if it contains such
conditions (Attachment).
6. You must allow a representative from this office to inspect the authorized activity
at any time deemed necessary to ensure that it is being or has been accomplished in
accordance with the terms and conditions of your permit.
Project Specific Special Conditions:
The following project specific special conditions are included with this verification:
1. Reporting Addresses: The Permittee shall submit all reports, notifications,
documentation and correspondence required by the general and special conditions of
this permit to either (not both) of the following addresses:
a. For electronic mail (preferred): SAJ-RD-Enforcement@usace.army.mil (not to
exceed 15 MB).
b. For standard mail: U.S. Army Corps of Engineers, Regulatory Division,
Page 34
-3-
Special Projects and Enforcement Branch, 4400 PGA Boulevard, Suite 500, Palm
Beach Gardens, Florida 33410.The Permittee shall reference this DA permit number,
SAJ-2022-02908(GP-PRC), on all submittals.
2. Commencement Notification: Within 10 days from the date of initiating the work
authorized by this permit the Permittee shall submit a completed Commencement
Notification form (Attachment).
3. Section 401 Water Quality Certification: It is incumbent upon the Permittee to
ensure that the proposed activity(ies) are, in fact, exempt under rule 62-330.051 or 62-
330.0511, F.A.C. In accordance with 62.330.062, F.A.C., state water quality certification
has been waived for activities that are exempt under rule 62-330.051 or 62-330.0511,
F.A.C. Based upon the exemption information provided by the Permittee, the Corps has
presumed the proposed activity(ies) meet the above-referenced exemptions which
constitutes written notification that the certifying authority has expressly waived to act on
the water quality certification (WQC) request for this DA permit application in
accordance with 40 CFR 121.9(a)(1). Therefore, this exemption satisfies the project
proponent’s (i.e. permittee) requirement to obtain a WQC. In the event that a WQC is
required following the issuance of this DA permit, the Corps will revoke this DA permit
verification/authorization until the required WQC is received in accordance with 40 CFR
121. You will not be authorized to commence work until a separate written DA permit
verification/authorization is provided or be subject to an enforcement action.
4. Cultural Resources/Historic Properties:
a. No structure or work shall adversely affect impact or disturb properties listed in the
National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP.
b. If during the ground disturbing activities and construction work within the
permit area, there are archaeological/cultural materials encountered which were not the
subject of a previous cultural resources assessment survey (and which shall include,
but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics,
stone tools or metal implements, dugout canoes, evidence of structures or any other
physical remains that could be associated with Native American cultures or early
colonial or American settlement), the Permittee shall immediately stop all work and
ground-disturbing activities within a 100-meter diameter of the discovery and notify the
Corps within the same business day (8 hours). The Corps shall then notify the Florida
State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic
Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise
appropriate actions.
c. Additional cultural resources assessments may be required of the permit
area in the case of unanticipated discoveries as referenced in accordance with the
above Special Condition ; and if deemed necessary by the SHPO, THPO(s), or Corps,
Page 35
-4-
in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the
circumstances of the discovery, equity to all parties, and considerations of the public
interest, the Corps may modify, suspend or revoke the permit in accordance with 33
CFR Part 325.7. Such activity shall not resume on non-federal lands without written
authorization from the SHPO for finds under his or her jurisdiction, and from the Corps.
d. In the unlikely event that unmarked human remains are identified on nonfederal
lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work
and ground disturbing activities within a 100-meter diameter of the unmarked human
remains shall immediately cease and the Permittee shall immediately notify the medical
examiner, Corps, and State Archaeologist within the same business day (8-hours). The
Corps shall then notify the appropriate SHPO and THPO(s). Based, on the
circumstances of the discovery, equity to all parties, and considerations of the public
interest, the Corps may modify, suspend or revoke the permit in accordance with 33
CFR Part 325.7. Such activity shall not resume without written authorization from the
State Archaeologist and from the Corps.
5. Assurance of Navigation and Maintenance: The Permittee understands and agrees
that, if future operations by the United States require the removal, relocation, or other
alteration, of the structures or work herein authorized, or if in the opinion of the
Secretary of the Army or his authorized representative, said structure or work shall
cause unreasonable obstruction to the free navigation of the navigable waters, the
Permittee will be required, upon due notice from the Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to
the United States. No claim shall be made against the United States on account of any
such removal or alteration.
6. Manatee Conditions: The Permittee shall comply with the “Standard Manatee
Conditions for In-Water Work – 2011” (Attachment).
7. Consent to Easement: Consent to Easement: A portion of the authorized work may
be located within the Federal right-of-way and therefore, may require a Department of
the Army Consent to Easement. The Permittee shall complete the “Application for
Consent to Cross U.S. Government Easement” (Attachment) and submit to the Corps
Real Estate Division SAJ-RE-Consent@usace.army.mil or Post Office Box 4970,
Jacksonville, Florida 32232-0019 or by telephone at 904-570-4514. The application
should include a boundary survey map along with the authorized construction plans and
specifications for the project. Prior to commencement of construction, the Permittee
shall provide a copy of the Corps approved Consent to Easement, or correspondence
from the Real Estate Division indicating that a Consent to Easement is not required, to
the address identified in the Reporting Address Special Condition.
Page 36
-5-
8. Federal Channel Setback: The most waterward edge of the authorized project shall
be constructed approximately 62.5 feet from the near edge of the federal channel.
9. Notice of Permit: The Permittee shall complete and record the “Notice of Department
of the Army Authorization” form (Attachment) with the Clerk of the Circuit Court,
Registrar of Deeds or other appropriate official charged with the responsibility of
maintaining records of title to or interest in real property within the county of the
authorized activity. Within 90 days from the effective date of this permit, the Permittee
shall provide a copy of the recorded Notice of Permit to the Corps clearly showing a
stamp from the appropriate official indicating the book and page at which the Notice of
Permit is recorded and the date of recording.
10. As-Built with X-Y Coordinates: Within 60 days of completion of the authorized work,
the Permittee shall submit as-built drawings of the authorized work and a completed As-
Built Certification Form (Attachment) to the Corps. The drawings shall be signed and
sealed by a surveyor licensed under Florida Statute 472 and include the following:
a. A plan view drawing of the location of the authorized work footprint (as shown on the
permit drawings) on 8½-inch by 11-inch paper. The drawings shall include the X & Y
State Plane coordination points of the most waterward point of the structure and a point
at the mean high water line (MHWL) or the of the bulkhead/seawall, if present. The
drawings shall include: the dimensions of the structure, depth of water (at mean low
water) at the waterward end of the structure, and the distance from the waterward end
of the structure to the near bottom edge of the channel.
b. Listing of any deviations between the work authorized by this permit and the work as
constructed. In the event the completed work deviates, in any manner, from the
authorized work, describe on the As-Built Certification Form the deviations between the
work authorized by this permit and the work as constructed. Clearly indicate on the as-
built drawings any deviations that have been listed. Please note the depiction and/or
description of any deviations on the drawings and/or As-Built Certification Form does
not constitute approval of any deviations by the U.S. Army Corps of Engineers.
c. Placement of the Department of the Army Permit number on all sheets submitted.
11. Jacksonville District Programmatic Biological Opinion (JAXBO): Structures and
activities authorized under this permit will be constructed and operated in accordance
with all applicable PDCs contained in the JAXBO, based on the permitted activity.
Johnson’s seagrass and its critical habitat were delisted from the Endangered Species
Act on May 16, 2022. Therefore, JAXBO PDCs required to minimize adverse effects to
Johnson’s seagrass and its critical habitat are no longer applicable to any project.
Failure to comply with applicable PDCs will constitute noncompliance with this permit. In
addition, failure to comply with the applicable PDCs, where a take of listed species
Page 37
-6-
occurs, would constitute an unauthorized take. The NMFS is the appropriate authority to
determine compliance with the Endangered Species Act. The most current version of
JAXBO can be accessed at the Jacksonville District Regulatory Division website in the
Endangered Species section of the Sourcebook located at:
http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx
JAXBO may be subject to revision at any time. The most recent version of the JAXBO
must be utilized during the design and construction of the permitted work.
12. Turbidity Barriers: Prior to the initiation of any of the work authorized by this
permit, the Permittee shall install floating turbidity barriers with weighted skirts that
extend within 1 foot of the bottom around all work areas that are in, or adjacent to,
surface waters. The turbidity barriers shall remain in place and be maintained daily
until the authorized work has been completed and turbidity within the construction
area has returned to ambient levels. Turbidity barriers shall be removed upon
stabilization of the work area.
Jurisdictional Determination:
A jurisdiction determination was not completed with this request. Therefore, this is
not an appealable action. However, you may request an approved JD, which is an
appealable action, by contacting the Corps for further instruction.
This letter of authorization does not include conditions that would prevent the ‘take’
of a state-listed fish or wildlife species. These species are protected under sec.
379.411, Florida Statutes, and listed under Rule 68A-27, Florida Administrative Code.
With regard to fish and wildlife species designated as species of special concern or
threatened by the State of Florida, you are responsible for coordinating directly with the
Florida Fish and Wildlife Conservation Commission (FWC). You can visit the FWC
license and permitting webpage (http://www.myfwc.com/license/wildlife/) for more
information, including a list of those fish and wildlife species designated as species of
special concern or threatened. The Florida Natural Areas Inventory
(http://www.fnai.org/) also maintains updated lists, by county, of documented
occurrences of those species.
This letter of authorization does not give absolute Federal authority to perform the
work as specified on your application. The proposed work may be subject to local
building restrictions mandated by the National Flood Insurance Program. You should
contact your local office that issues building permits to determine if your site is located
in a flood-prone area, and if you must comply with the local building requirements
mandated by the National Flood Insurance Program.
Page 38
-7-
This letter of authorization does not preclude the necessity to obtain any other
Federal, State, or local permits, which may be required.
Thank you for your cooperation with our permit program. The Corps’ Jacksonville
District Regulatory Division is committed to improving service to our customers. We
strive to perform our duty in a friendly and timely manner while working to preserve our
environment. We invite you to complete our automated Customer Service Survey at
https://regulatory.ops.usace.army.mil/customer-service-survey/. Please be aware this
Internet address is case sensitive; and, you will need to enter it exactly as it appears
above. Your input is appreciated – favorable or otherwise.
Should you have any questions related to this RGP verification or have issues
accessing the documents referenced in this letter, please contact Patricia Clune at the
letterhead address above, via telephone at 561-768-5944, or via e-mail at
Patricia.R.Clune@usace.army.mil.
Sincerely,
Patricia Clune
Project Manager
Enclosures
Commencement Notification Form
As-Built Certification Form
Manatee Conditions
NMFS PDCs
Notice of Permit
Self-Certification Statement of Compliance
Page 39
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Nancy Politzer File Number: SAJ-2022-02908 Date: October 31, 2022
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/CECW/Pages/reg_materials.aspx or Corps
regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal
the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal
the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The
Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps
district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD.
Page 40
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of
the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the
administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may
provide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the appeal
process you may contact:
Enter PM Contact Information
If you only have questions regarding the appeal process you may
also contact:
Phillip Shannin
Administrative Appeals Review Officer
USACE – South Atlantic Division
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: (404) 562-51377
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants,
to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site
investigation, and will have the opportunity to participate in all site investigations.
_______________________________
Signature of appellant or agent.
Date: Telephone number:
Page 41
DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST
DA PERMIT NUMBER: SAJ-2022-02908(NW-PRC)
When the structures or work authorized by this permit are still in existence at the time
the property is transferred, the terms and conditions of this permit will continue to be
binding on the new owner(s) of the property. Although the construction period for works
authorized by Department of the Army permits is finite, the permit itself, with its
limitations, does not expire.
To validate the transfer of this permit and the associated responsibilities associated
with compliance with its terms and conditions, have the transferee sign and date below
and mail to the U.S. Army Corps of Engineers, Enforcement Section, Post Office Box
4970, Jacksonville, FL 32232-0019 or submit via electronic mail to:
SAJ-RD-Enforcement@usace.army.mil (not to exceed 15 MB).
___________________________________ ___________________________
(TRANSFEREE-SIGNATURE) (SUBDIVISION)
___________________________________ _________ ____________
(DATE) (LOT) (BLOCK)
__________________________
___________________________________ (STREET ADDRESS)
(NAME-PRINTED)
___________________________________
___________________________________
(MAILING ADDRESS)
___________________________________
(CITY, STATE, ZIP CODE)
Page 42
N
EAST EDGE OF CHANNELEAST EDGE OF CHANNELINTRACOASTALWATERWAY11'-2"11'-
2
"
62-.
5
'
24'#4018 S OCEANBLVDLOT 22 -CONDOMINIUMExistingPlanked PierExisting ConcretePilings (4) 14"x14"EXISTING CONDITIONSSCALE: 1" = 40'-0"ECDATE NOTES/REVISIONS PREPARED FOR:
BOATLIFTS & DOCKS
OF SOUTH FLORIDA
989 N.W. 31ST. AVENUE
POMPANO BEACH, FL 33069
954-971-0811 SCC131151479
CARL G. FORBES PE
1839 SOUTH DIXIE HIGHWAY WEST
POMPANO BEACH, FL 33060
EMAIL: CARLFORBES@BELLSOUTH.NET
PHONE: 954-682-6651 FAX: 954-903-4284
STATE OF FLORIDA LICENSE PE 20699
BOAT LIFT FOR:
Politizer Residence
4018 S Ocean Blvd,
Highland Beach, FLDrawn by: R.A.Checked by: WSDate: 09/07/2022Job No.: 22-045Page 43
62-.5'
N
TurbiditybarriersNew 10000 lb 4-PostBoat Lift w/ (4) existingconcrete pile 14"x14"24'ExistingPlanked PierEAST EDGE OF CHANNEL11'-2"11'-
2
"PROPOSED CONDITIONSSCALE: 1" = 15'-0"PCDATE NOTES/REVISIONS PREPARED FOR:
BOATLIFTS & DOCKS
OF SOUTH FLORIDA
989 N.W. 31ST. AVENUE
POMPANO BEACH, FL 33069
954-971-0811 SCC131151479
CARL G. FORBES PE
1839 SOUTH DIXIE HIGHWAY WEST
POMPANO BEACH, FL 33060
EMAIL: CARLFORBES@BELLSOUTH.NET
PHONE: 954-682-6651 FAX: 954-903-4284
STATE OF FLORIDA LICENSE PE 20699
BOAT LIFT FOR:
Politizer Residence
4018 S Ocean Blvd,
Highland Beach, FLDrawn by: R.A.Checked by: WSDate: 09/07/2022Job No.: 22-045Page 44
INTRACOASTALWATERWAYTurbiditybarriersNew 10000 lb 4-PostBoat Lift w/ (4) existingconcrete pile 14"x14"BBAAExistingPlanked PierN
24'11'-2"11'-
2
"SITE PLANSCALE: 3/32" = 1'-0"SPDATE NOTES/REVISIONS PREPARED FOR:
BOATLIFTS & DOCKS
OF SOUTH FLORIDA
989 N.W. 31ST. AVENUE
POMPANO BEACH, FL 33069
954-971-0811 SCC131151479
CARL G. FORBES PE
1839 SOUTH DIXIE HIGHWAY WEST
POMPANO BEACH, FL 33060
EMAIL: CARLFORBES@BELLSOUTH.NET
PHONE: 954-682-6651 FAX: 954-903-4284
STATE OF FLORIDA LICENSE PE 20699
BOAT LIFT FOR:
Politizer Residence
4018 S Ocean Blvd,
Highland Beach, FLDrawn by: R.A.Checked by: WSDate: 09/07/2022Job No.: 22-045Page 45
Existing (4)concrete pilingsNOTE: SEE MANUFACTURER'SDRAWINGS FOR STRUCTURALDETAILS ON LIFT11'-2"24'SECTION A-AExisting bermto remainNew 10000 lb 4-PostBoat Lift w/ (4) existingconcrete pile 14"x14"ExistingPlanked PierNAVD +5.00'MLW -1.83' NAVDMHW +0.16' NAVDDATE NOTES/REVISIONS4-POST BOAT LIFT DETAILSCALE: 1/4"=1"-0"PREPARED FOR:
BOATLIFTS & DOCKS
OF SOUTH FLORIDA
989 N.W. 31ST. AVENUE
POMPANO BEACH, FL 33069
954-971-0811 SCC131151479
CARL G. FORBES PE
1839 SOUTH DIXIE HIGHWAY WEST
POMPANO BEACH, FL 33060
EMAIL: CARLFORBES@BELLSOUTH.NET
PHONE: 954-682-6651 FAX: 954-903-4284
STATE OF FLORIDA LICENSE PE 20699DET-2BOAT LIFT FOR:
Politizer Residence
4018 S Ocean Blvd,
Highland Beach, FLDrawn by: R.A.Checked by: WSDate: 09/07/2022Job No.: 22-045Page 46
Existing (4)concrete pilings11'-2"NOTE: SEE MANUFACTURER'SDRAWINGS FOR STRUCTURALDETAILS ON LIFTSECTION B-BExisting bermto remainNew 10000 lb 4-PostBoat Lift w/ (4) existingconcrete pile 14"x14"ExistingPlanked PierNAVD +5.00'MLW -1.83' NAVDMHW +0.16' NAVDDET_2DATE NOTES/REVISIONS PREPARED FOR:
BOATLIFTS & DOCKS
OF SOUTH FLORIDA
989 N.W. 31ST. AVENUE
POMPANO BEACH, FL 33069
954-971-0811 SCC131151479
CARL G. FORBES PE
1839 SOUTH DIXIE HIGHWAY WEST
POMPANO BEACH, FL 33060
EMAIL: CARLFORBES@BELLSOUTH.NET
PHONE: 954-682-6651 FAX: 954-903-4284
STATE OF FLORIDA LICENSE PE 20699Drawn by: R.A.Checked by: WillDate: 08/27/2022Job No.: 22-045BOAT LIFT FOR:
Politizer Residence
4018 S Ocean Blvd,
Highland Beach, FL4-POST BOAT LIFT DETAILSCALE: 1/4"=1"-0"Page 47
Page 48
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Page 54
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 ,
Was published in said newspaper by print in the issues of, or by publication on the
newspaper¶s website, if authorized on Jan 30, 2023
Affiant further says that the newspaper complies with all legal requirements for
publication in Chapter 50, Florida Statutes.
Signature of Affiant
Sworn to and subscribed before me this: January 31, 2023.
Signature of Notary Public
Name of Notary, Typed, Printed, or Stamped
Personally Known (X) or Produced Identification ( )
Affidavit Delivery Method: E-Mail
Affidavit Email Address: gthompson@highlandbeach.us
7366795
SUN-SENTINEL
Page 55
Order # - 7366795
SUN-SENTINEL
Page 56
SUN-SENTINEL
Page 57
File Attachments for Item:
B. Discussion on zoning district density review
Page 58
TOWN OF HIGHLAND BEACH
MEMORANDUM
MEETING TYPE: Planning Board
MEETING DATE:
SUBMITTED BY:
February 9, 2023
Ingrid Allen, Town Planner, Building Department
SUBJECT: Discussion on “zoning district density review” initiative
SUMMARY:
At the October 18, 2022 Town Commission meeting, the Commission considered an
introduction to a zoning district density review initiative (see attached Commission
memorandum). Note that the attached October 18, 2022 Commission memorandum provides
an introductory review and analysis of this initiative. The consensus from the Commission was
to have the Planning Board consider what approaches to take in processing and analyzing
this initiative. Discussion among the Commission included the following:
-Need sufficient residential input.
-Retain current character of Town.
-Don’t loose value of property (i.e., if a property currently has 3 units, the property owner
should be able to rebuild those 3 units).
-Consider the Town not as a “whole” but as zones, districts or neighborhoods (i.e., the needs
of Russell Drive may be different from those of Bel Air Drive ).
-Consider there is currently no incentive to replace existing structures.
-Consider “lot coverage” requirement for Single-family zoning districts.
In addition, the Commission discussed defining density. Both the Town Zoning Map and
Future Land Use Map provide density thresholds which are provided below. The Town’s
zoning districts that are provided in the Zoning Map are described in Section 30 -62 of the
Town Code of Ordinances (“Town Code”) as follows:
(a) Residential Single-Family Estate Zoning District (RE)—Purpose. It is the purpose of this
district to provide for areas of the town that shall be exclusively used for single -family homes.
(b) Residential Single-Family Zoning District (RS)—Purpose. It is the purpose of this district
to provide for areas of the town that shall be exclusively used for single-family homes.
Page 59
(c) Residential Multiple-Family Low-Density Zoning District (RML)—Purpose. It is the
purpose of this residential zoning district to encourage alternative housing styles, such as
townhouses and patio house, at low densities and to allow compatible special exception uses.
(d) Residential Multiple-Family Medium-Density Zoning District (RMM)—Purpose. It is the
purpose of this residential district to promote the d evelopment of multiple-family structures to
medium densities and to allow compatible special exception uses.
(e) Residential Multiple-Family High-Density Zoning District (RMH)—Purpose. It is the
purpose of this residential district to promote the development of multiple-family structures at
high densities and to allow compatible special exception uses.
(f) Government Service Zoning District (GSD)—Purpose. It is the purpose of this zoning
district to provide for public service areas and to protect the special nature of public services
and activities.
Zoning District densities
(As provided in Section 30-64 of the Town Code)
ZONING
DISTRICT
Residential
Estate (RE)
Residential
Single-
Family
(RS)
Multiple-
Family
Low
Density
(RML)
Multiple-
Family
Medium
Density
(RMM)
Multiple-
Family
High
Density
(RMH)
Government
Service
District (GSD)
Maximum
Density
1.45
units/acre
4.35
units/acre
6.0
units/acre
12 units/acre 16
units/acre
N/A
Future Land Use Map densities
(As provided in the Future Land Use Element of the Comprehensive Plan)
Residential Land Use Classification Density Standard
Single Family Up to 4 dwelling units per acre
Multiple Family (Low) Up to 6 dwelling units per acre
Multiple Family (Medium) 6.1-12 dwelling units per acre
Multiple Family (High) 12.1-16 dwelling units per acre
As a first step in analyzing the density issue, the Board should consider , at minimum, the
following:
-Are the current densities found along Russell Drive, Bel Aire Drive and Highland Beach Drive
suitable or not for the short-term and long-term?
-Are the current high-rise densities found along State Road A1A suitable or not for the short -
term and long-term?
Lastly, the Commission emphasized that the process for the Board’s consideration of this
initiative not be rushed. Therefore, this item will be a continuing item of discussion on the
Board’s meeting agendas during an approximate 8-12 month timeframe.
Page 60
ATTACHMENTS
October 18, 2022 Town Commission Memorandum – Introduction to Zoning District density
review.
October 18, 2022 Town Commission Minutes.
Town Zoning Map
Town Future Land Use Map
RECOMMENDATION
At the discretion of the Planning Board.
Page 61
TOWN OF HIGHLAND BEACH
MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE:
SUBMITTED BY:
October 18, 2022
Ingrid Allen, Town Planner, Building Department
SUBJECT: Introduction of “zoning district density review”
SUMMARY:
At the October 4, 2022 Town Commission Meeting, under Commission Comments, the issue
of zoning district density was discussed. Recognizing the complexity of the topic, the
Commission desires to first establish a framework to approach the issue. Initial suggestions
for such framework included the following:
Planning Board initiates review of issue.
Planning Board forms a committee with residents.
Given the Commission will formally initiate their discussion on such framework at the October
18, 2022 Commission meeting, staff has completed an introductory review of the issue which
is provided below.
The Town’s 2022 Strategic Priorities Plan includes a “zoning district density review” as part of
its planned priorities. This initiative was a result of a public comment, made at the March 1,
2022 Town Commission meeting, by Matthew Scott of Dunay, Miskel & Backman, LLP
regarding the redevelopment of an existing three (3) unit townhouse property located at 1023
Russell Drive. As provided in the table below, the current zoning district and future land use
designation for the property allows for (1) dwelling unit to be developed rather than three (3)
dwelling units. Note that the RML zoning district permits single-family detached and attached
dwellings subject to site plan approval as well as single -family zero lot line dwellings subject
to special exception approval.
Property Zoning District/
maximum density
Future Land Use/
maximum density
Density calculation (lot
size/43,560 X density)
1023 Russell
Drive
Residential Multiple
Family Low Density
(RML)/6 units per
acre
Multi Family Low
Density/6 units per
acre
1.37 units (based on
10,000 sq. ft. lot)
Page 96 Page 62
This scenario, whereby redevelopment of a nonconforming structure would reduce the number
of units currently existing on a parcel of land, is not unique to this property. While staff has not
conducted a Town-wide density assessment of each property, this scenario is replicated in
other townhouses and other multifamily dwellings (at various densities) Townwide.
Pursuant to Section 30-105(a) of the Town Code, if a lawful structure exists that could not be
built in the zoning district within which it is located by reason of changes or restricti ons to
minimum lot area, maximum lot coverage, building height, required yards and setbacks,
location on the lot or other requirements concerning the structure, such structure may be
continued so long as it remains otherwise lawful, subject to the provisio ns listed below:
(1) Enlargement or alternation. The nonconforming structure shall not be enlarged or
altered in a way which increases or extends its nonconformity, but any structure or portions
thereof may be altered to decrease its nonconformity.
(2) Damage or destruction. Should such nonconforming structure or nonconforming portion
of a structure be destroyed or damaged by any means to an extent of more than fifty (50)
percent of the assessed value of the structure at the time of destruction, or damag e, it shall
not be reconstructed except in conformity with the provisions of this article.
Section 30-105(c) of the Town Code provides an exception to number (2) above as follows:
If a residential structure, or approved accessory structures, is destroyed or damaged
by a catastrophic event including hurricane or tropical storm, fire, flood, explosion,
collapse, wind, war, or other event, the structure may be reconstructed or repaired
without regard to the extent of destruction or damage. The reconstruction or repair shall not
increase the height of the building, number of dwelling units, or total number of square
feet unless the comprehensive plan and the applicable zoning district regulations applicable
at such time permit a greater number of dwelling units.
The table below provides how other municipalities in Palm Beach County a ddress such
redevelopment of nonconforming structures.
Municipality Current Code regulation
Ocean
Ridge
Grandfathered structures which includes residential-type units, may be permitted
to seek the demolition and redevelopment of the grandfathered structure and,
in doing so, exceed the allowable density in the multifamily-zoned areas of
the town, but in such circumstances must reduce the number of units which
were grandfathered by at least 50 percent (fractional units to be rounded up).
Boca Raton If any residential building located in a residential district is damaged by
catastrophe, the building may be repaired or reconstructed and used to
house no greater than the number of dwelling units and no greater square
footage or total living area in existence in the building prior to the damage,
regardless of the extent of the damage.
Lantana Should a nonconforming structure be destroyed by any means to an extent of
more than 50 percent of its replacement cost at the time of destruction, it shall
not be reconstructed except in conformity with the provisions of this chapter;
except in cases of fire or act of God, in which case the structure may be
replaced as it was originally constructed.
Page 97 Page 63
Municipality Current Code regulation
Manalapan Any nonconforming building and/or structure which has less than 50 percent of
its previous existing floor area made unsafe or unusable by lack of normal
maintenance or by ordinary deterioration may be restored or reconstructed
as before, provided that the floor area of such building and/or structure shall not
exceed the floor area which existed prior to such damage. All repairs shall be
completed within one year after damages occur or such building and/or structure
shall not be rebuilt unless rebuilt as a conforming building and/or structure.
Lake Worth
Beach
In the event of a natural disaster, explosion, fire, act of God or the public
enemy, the development review officer may permit the reconstruction of any
nonconforming legally permitted structure to the same or decreased
nonconformity as existed immediately prior to the disaster, upon proof
satisfactory to the development review officer of the configuration of the prior
structure, and only in compliance with the FBC. An application for reconstruction
of the structure shall be filed within 12 months of the event of its destruction,
unless the city commission authorizes extending the 12-month time period city-
wide.
Given the current maximum density regulations of the Town Code, redevelopment of multiple
family housing in accordance with current Florida Building Code (FBC) and floodplain
management regulations will result in fewer units (in most cases) than originally existed (as
noted above, a Town-wide assessment has not be completed). It is worth noting that
redevelopment in accordance with current FBC and floodplain management regulations may
increase a new structure’s resiliency from destruction or damage from a future catastrophic
event. The Multi-jurisdictional Climate Change Vulnerability Assessment completed by the
Coastal Resilience Partnership, states that the Town has a high vulnerability to storm surge
and that residential properties have some vulnerability to current tidal flooding but this could
increase significantly in future years.
Typically, for a property to increase its density, a rezoning of the property to a zoning district
that allows more density is required. In addition, a change to a property’s future land use map
designation to one that allows more density would also be required. Any increase in density
requires compatibility with adjacent properties as well as an analysis of public facilities and
services, traffic, public education, fire and police services, natural resources, hurricane
evacuation, etc. That said, Section 30-43(d)(4)e. of the Town Code states the following:
A change in the zoning classification of land shall not be considered which involves
less than forty thousand (40,000) square feet of land area and two hundred (200)
feet of street frontage. This limitation shall not apply to a request to extend the
boundary of an existing zoning district, or unless otherwise provided for herein.
Many RML-zoned properties along Russell Drive, Bel Air Drive, Highland Beach Drive and
South Ocean Boulevard are under 40,000 square feet of land area and therefore based on
Section 30-43 cannot rezone. Therefore, some options the Town Commission may consider
are as follows:
Consider an option similar to Ocean Ridge whereby nonconforming structures can be
redeveloped; however, the number of units must be reduced by at least 50%. In
addition, add a density calculation methodology into the Code of Ordinances where by
if the density calculation results in a fraction that is 0.50 or greater, the number is
Page 98 Page 64
rounded up (e.g. 1.5 equals 2 units). Fractions lower than 0.50 are rounded down (e.g.
1.4 equals 1 unit).
Change maximum density requirements for nonconforming structures in both the Town
Code and Comprehensive Plan. This may be specific to the RML zoning district or
include other zoning districts.
“No action” whereby the redevelopment of nonconforming structures shall comply with
the current property development regulations as provided in the Town Code.
ATTACHMENTS
Maps: RML zoned properties along the westside of State Road A1A, Russell Dr., Bel Air Dr.
and Highland Beach Drive (Note these maps represent a sample of existing low density
structures in the RML zoning district).
Letter from Matthew Scott (provided to Town Commission on March 1, 2022).
RECOMMENDATION
At the discretion of the Town Commission.
Page 99 Page 65
10151011 10231019
1107-A
1027
10511047
1135
1005-2
1020
1118
1031
1021
1023 1127
11341108
1113
1004
112510291043
1124
1002
1028
1111-A
1026
1000
1038
1122
1128
1024
1018
1057
1005-6
11261034
1012
1022
1041 1133 1137
1102
1039
1115
1042
1116
1035 1037
1112
1105
1033
1005-4
11291123
1006
1008
1055
1103
1053
1131
1005-1
1120
1114
1030
1101
1016
1109-A
1025
1005-5
1100
Russell Dr
Boca
C
o
v
e
L
n
3 units (1987)3 units (1990)6 units (1980) (1977) (1984)
(1979)
(1977)
(1987)
(1985)
RML zoning - No. of units/year built
State of Florida, Maxar, Microsoft
Zoning
RML Residential Multiple Family Low Density
Highland Beach Boundary
Highland Beach Address Points
Highland Beach Parcels
Streets Centerline
8/30/2022, 2:46:34 PM 0 0.01 0.030.01 mi
0 0.03 0.050.01 km
1:1,128
Town of Highland Beach
State of Florida, Maxar, Microsoft |
13,000 sf approx.
Bel Air Dr
10,000 sf approx.
Page 100 Page 66
1013
1009
1008 10161012
10221018 1028 11101024
10191015 110911011105
1106-B
1121
4430
1106-A 1114
4426
1023-A
4416 4420
1118
1023-C
4408
3 units (1978)4 units (1969)3 units (1984)8 units (1981)3 units (2008)
7 units (1984)
7 units (1980)3 units (1982)3 units (1985)3 units (1984)4 units (1973)4 units (1974)6 units (1979)4 units (1979)4 units (1979)
(1980)
(1985)
RML zoning - No. of units/year built
State of Florida, Maxar, Microsoft
Zoning
RML Residential Multiple Family Low Density
RS Residential Single Family
Highland Beach Boundary
Highland Beach Address Points
Highland Beach Parcels
Streets Centerline
8/30/2022, 3:10:28 PM 0 0.01 0.030.01 mi
0 0.03 0.050.01 km
1:1,128
Town of Highland Beach
State of Florida, Maxar, Microsoft |
43254410 4400
Tranquility Dr 4 units (1974)
13,000 sf approx.
Page 101 Page 67
4324
4408
4404
1019 110911011105
4425
1121
4430
4400
4326
4323
4426
4320
1023-A
4425
4416
1123
4420
1023-C
1125 S Ocean BlvdS Ocean Blvd
4 units (1973)4 units (1974)6 units (1979) (1990)
4 units (1980)
4 units (1981)
4 units (1982)
RML zoning - No. of units/year built
State of Florida, Maxar, Microsoft
Zoning
RML Residential Multiple Family Low Density
RS Residential Single Family
Highland Beach Boundary
Highland Beach Address Points
Highland Beach Parcels
Streets Centerline
8/30/2022, 3:17:41 PM 0 0.01 0.030.01 mi
0 0.03 0.050.01 km
1:1,128
Town of Highland Beach
State of Florida, Maxar, Microsoft |
15,000 sf approx.
Page 102 Page 68
4306
4310
4324
4316
4425
43011096
4314
4308
1088
4326
4323
4320
4320
4315
4307
1092
4319 4318
Bel Lido Dr
S Ocean BlvdTranquility DrS Ocean BlvdTranquility Dr
4 units (1982)
(1986)
4 units (1979)
4 units (1980)
3 units (1986)
RML zoning - No. of units/year built
State of Florida, Maxar, Microsoft
Zoning
RML Residential Multiple Family Low Density
RS Residential Single Family
Highland Beach Boundary
Highland Beach Address Points
Highland Beach Parcels
Streets Centerline
8/30/2022, 3:34:27 PM 0 90 18045 ft
0 25 5012.5 m
1:1,128
Town of Highland Beach
State of Florida, Maxar, Microsoft |
15,000 sf approx
Page 103 Page 69
4210
4218
4222
4212
4216
4225
4221
4300
1088
4211
4217
1092
4215
4220
1091
1083
4229
4214
1087
4216
4207
4226
Bel Lido Dr
Bel Lido Dr
Tranquility DrS Ocean BlvdTranquility Dr4 units (1981)
4 units (1980)
4 units (1978)
(1978)
3 units (1981)
RML zoning - No. of units/year built
State of Florida, Maxar, Microsoft
Zoning
RML Residential Multiple Family Low Density
RS Residential Single Family
Highland Beach Boundary
Highland Beach Address Points
Highland Beach Parcels
Streets Centerline
8/30/2022, 3:36:00 PM 0 90 18045 ft
0 25 5012.5 m
1:1,128
Town of Highland Beach
State of Florida, Maxar, Microsoft |
15,000 sf approx.
Page 104 Page 70
1104
4200
4206
4201
4201
4204
4117
4108
4208
1120
4203
4112
1123-3
1124-3
4200
1124-2
4121
4118
1124-1
11161108
1123-5
1112
4115
1123-4
4205S Ocean BlvdS Ocean BlvdH
i
g
h
l
a
n
d
B
e
a
c
h
D
r
Tranquility Dr4 units (1980)
3 units (1979)
2 units (1950)
(1976)
3 units (1978)
SFH3 units (1979)3 units (1976)3 units (1984)
RML zoning - No. of units/year built
State of Florida, Maxar, Microsoft
Zoning
RML Residential Multiple Family Low Density
RS Residential Single Family
Highland Beach Boundary
Highland Beach Address Points
Highland Beach Parcels
Streets Centerline
9/1/2022, 2:32:04 PM 0 90 18045 ft
0 25 5012.5 m
1:1,128
Town of Highland Beach
State of Florida, Maxar, Microsoft |
12,500 sf approx.
Page 105 Page 71
110711051103
11041102
1113
4102
4104
1100-A
1101-A
4108
1101-B
1119-4
1119-2
4112
1101-C
1123-3
1123-1
1115
11161108
1123-5
1112
1119-1
1123-4
1100-B
1101-D
1109
1111
S Ocean BlvdHighland Beach Dr
3 units (1979)3 units (1976)3 units (1984)
4 units (1980)
(1979)
(1980)3 units (1996)(2000)(1976)
(1977)
2 units (1980)
(2007)
RML zoning - No. of units/year built
State of Florida, Maxar, Microsoft
Zoning
RML Residential Multiple Family Low Density
RS Residential Single Family
Highland Beach Boundary
Highland Beach Address Points
Highland Beach Parcels
Streets Centerline
9/1/2022, 2:51:04 PM 0 90 18045 ft
0 25 5012.5 m
1:1,128
Town of Highland Beach
State of Florida, Maxar, Microsoft |
25,000 sf approx.
Page 106 Page 72
Memorandum Regarding Redevelopment Issue in Town of Highland Beach
Statement of the Issue
The Town of Highland Beach Zoning Code inadvertently has downzoned properties in the Multiple-
Family Zoning Districts such that they cannot be redeveloped without losing currently existing density, thereby
disincentivizing modernization and flood proofing of aging structures in these areas.
Executive Summary
The Town is a highly desirable place to live with its strong residential focus and location on the barrier
island in south Palm Beach County. The Town’s Zoning Code, as it should, seeks to preserve the Town’s character
with regulations aimed at discouraging large commercial and high-density residential development. However, the
Code’s density regulations unintentionally have created a situation where properties in Multiple-Family Zoning
Districts cannot be redeveloped without reducing the number of units currently existing on the properties.
For example, condominium buildings along Ocean Boulevard and townhomes on Russell Drive, Bel Air
Drive, and Highland Beach Drive could not be rebuilt without reducing the number of units permitted on the
properties. 1023 Russell Drive demonstrates the problem. It is currently improved with 3 townhomes, which were
built around 50 years ago. The townhomes, which could benefit from rehabilitation, are below current FEMA
elevation requirements and at risk of flooding during a storm event. However, raising the elevation of the structure
would require tearing it down. If the structure was demolished, the Town’s Code would dictate only 1 residence
could be built on site where 3 currently exist. In effect, the Town’s Code discourages redevelopment of properties
at a time when most southeast Florida municipalities are actively promoting climate change resiliency efforts.
This issue does not appear to be intentional. Russell Drive, Bel Air Drive, and Highland Beach Drive are
all zoned “RML,” Residential Multiple-Family Low Density. The Code states, “It is the purpose of this residential
zoning district to encourage alternative housing styles, such as townhouses and patio house(s) . . . .” Most, if not
all, of the properties on these streets could not be developed today with townhomes due to the Code’s density
regulations, and the problem is more extreme in the RMM and RMH districts.
Potential Solutions
The Town does not want to encourage an increase in density in these areas. Rather, the Town should
amend the Code to create a path for property owners to modernize their properties without losing existing density.
One simple solution would be to amend Article VI of the Code, relative to Nonconformities, to allow for
maintenance of existing density on sites which are being reconstructed to raise the elevation of the structures for
flood proofing purposes, provided the new construction meets all other Code requirements. Another option is
amending the Comprehensive Plan and Code to marginally increase the allowed density in these areas so the
properties can keep their existing density. However, this latter option is more complicated, expensive, and time
Information from Dunay Miskel Backman LLP - Public Comments - Item 6
03/01/2022 Town Commission Meeting
Page 107 Page 73
consuming. There are a variety of ways to solve this problem. The undersigned attorney has been retained by
Ellemar Luxury Construction, which is actively looking to redevelop 1023 Russell Drive and potentially other
properties in the Town. In the event the Commission is amenable to pursuing solutions to the issue, Ellemar through
undersigned counsel would be happy to spearhead this effort in collaboration with Town Staff.
_______________________________ Dated: March 1, 2022
Matthew H. Scott, Esq.
Dunay, Miskel & Backman, LLP
Page 108 Page 74
TOWN OF HIGHLAND BEACH
TOWN COMMISSION MEETING MINUTES
Town Hall / Commission Chambers Date: October 18, 2022
3614 South Ocean Boulevard Time: 1:30 PM
Highland Beach, Florida 33487
1. CALL TO ORDER
Mayor Hillman called the meeting to order at 1:30 P.M.
2. ROLL CALL
Commissioner John Shoemaker
Commissioner Evalyn David
Commissioner Peggy Gossett -Seidman
Vice Mayor Natasha Moore (arrived at 1:31 P.M.)
Mayor Douglas Hillman
Town Attorney Glen Torcivia
Town Manager Marshall Labadie
Town Clerk Lanelda Gaskins
3. PLEDGE OF ALLEGIANCE
The Town Commission led the Pledge of Allegiance to the United States of America.
4. APPROVAL OF THE AGENDA
MOTION: David/Gossett-Seidman - Moved to approve the agenda as presented,
which passed unanimously 5 to 0.
5. PRESENTATIONS / PROCLAMATIONS
A. Resolution No. 2022-025
A Resolution of the Town Commission of the Town of Highland Beach,
Florida, ratifying the selection, appointments, and term of office of
members of the Board of Adjustments and Appeals; and providing for an
effective date.
Mayor Hillman read the title of Resolution No. 2022-025.
The Town Commission interviewed Mr. Fred Rosen, followed by a motion to
reappoint Mr. Rosen to serve as a member of the Board of Adjustment and
Appeals Board for a three-year term ending October 18, 2026.
Page 75
Town Commission Meeting Minutes
Date: October 18, 2022 Page 2 of 7
MOTION: David/Gossett-Seidman - Moved to approve Resolution No. 2022-
025, which passed unanimously 5 to 0.
B. Lightening Protection Presentation by Cole Newman and Mike Dillion
Mayor Hillman read the title of Item 5.13.
Mr. Mike Dillion, Lightning Safety Alliance Corporation, provided a
comprehensive PowerPoint presentation highlighting elements of the lightning
protection systems.
Mayor Hillman opened the item for public comments:
Mr. David Newman asked if the Town maintained records related to lightning
strikes on condominiums or residential properties. He was informed that the
Town does not possess such documents.
Ms. Judith Goldberg inquired about grants or tax credits for lightning prevention.
She was informed that there were none.
6. PUBLIC COMMENTS
Mr. Paul Resnick from Braemar Isle commented about the Town and the City of
Delray Beach's fire code related to the use of grills or electrical appliances on
condominium balconies.
Mr. David Newman spoke about the negative impact of using gas leaf blowers.
Mr. Fred Rosen talked about research he had completed on gas leaf blowers.
7. ANNOUNCEMENTS
Mayor Hillman read the following announcement:
Board Vacancies
Board of Adjustment and Appeals - One vacancy for a three-year term
Meetings and Events
October 27, 2022 - 11:30 A.M. Financial Advisory Board Regular Meeting
October 27, 2022 - 5:00 - 7:00 P.M. Food Truck Event
November 01, 2022 - 1:30 P.M. Town Commission Meeting
Page 76
Town Commission Meeting Minutes
Date: October 18, 2022 Page 3 of 7
November 02, 2022 - 9:30 A.M. Natural Resources Preservation Advisory Board
Regular Meeting
November 09, 2022 - 1:00 P.M. Code Enforcement Board Regular Meeting
November 10, 2022 - 9:30 A.M. Planning Board Regular Meeting
Board Action Report
None.
8. ORDINANCES
A. None.
9. CONSENT AGENDA
A. None.
10. UNFINISHED BUSINESS
A. Fire Rescue Implementation Update
1. Discussion on Fire Station Construction
Town Manager Labadie presented PowerPoint slides displaying renderings of the
new fire station building. Afterward, there were conversations about additional
parking, the flow of traffic, and the demand for construction materials and labor
costs. Town Manager Labadie advised that the next steps are to dress up the
renderings for public display at the October 27, 2022, Food Truck event. In
addition, he hopes to have more detailed renderings for the next Town
Commission meeting.
Mayor Hillman asked Town Manager Labadie to share the timeline for the Town
Commission to decide on the fire rescue building plans. Town Manager Labadie
mentioned that the drop -dead date is Thanksgiving.
Fire Chief Glenn Joseph provided background information about acquiring fire
rescue vehicles. He is currently looking at a preowned 2017 fire rescue vehicle.
11. NEW BUSINESS
A. Introduction of the proposed amendment to the Town Code of Ordinances
to incorporate sea turtle protection lighting standards.
Mayor Hillman read the title of Item 11.A.
Page 77
Town Commission Meeting Minutes
Date: October 18, 2022 Page 4 of 7
Town Manager Labadie introduced this item. Town Planner Ingrid Allen described
the proposed amendment to the Town Code of Ordinances to incorporate sea
turtle protection lighting standards. After that, Building Official Jeff Remas
commented on the complaints that Town staff received during turtle season and
the continuous enforcement by staff.
The Town Commission suggested that Town staff include additional language to
Section 4-8(c)(4) - Lighting restrictions for the protection of sea turtles regarding
wavelength colors definition. Besides, it was the consensus of the Town
Commission to refer the proposed amendment to the Natural Resources
Preservation Advisory Board for review.
MOTION: David/Gossett-Seidman - Moved to send the turtle lighting statute to
the Natural Resources Preservation Advisory Board and invite the
Turtle Permit Holder, a Gumbo Limbo representative, and the Florida
Fish and Wildlife Conservation Commission to the meeting. The
motion passed unanimously 5 to 0.
B. Introduction of Zoning District density review.
Town Planner Allen presented the zoning district density review. The Town
Commission discussed the complexity of the zoning district density and
suggested that public participation and, input from the Planning Board was
necessary.
Additionally, the Town Commission referred this matter to the Planning Board.
The Planning Board must look at the density by category and district, modify the
code and take a long, careful look at the issue, the history of changes to the code,
and the footprint.
Mayor Hillman suggested a joint meeting with the Planning Board after their
review of the zoning district density.
Mayor Hillman opened this item for public comments:
Mr. David Gunther from Boca Raton commented on Residential Multiple -Family
Low -Density Zoning District (RML) and the comprehensive plan.
Mr. Matthew Scott spoke about the use of zoning codes in various municipalities.
C. Consideration of a Right of Way Permit for AT&T to work along State Road
AIA.
Mayor Hillman read the title of Item 11.C.
Town Manager Labadie presented this item. He encouraged the resident to be
careful because subcontractors are performing the work on behalf of AT&T.
Page 78
37204018
3510
4800
4510
4800
3921
4801
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245528092809
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2388GSD
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RE
RMH
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RML
RML
RML
RML
RML
RMM
RMM
RMMRS
RS
RS
RS
RS
601 772 87FORSYTH STREETGRAND CT.402440224020S OCEAN BLVD
S OCEAN ALYBELLIDODRHIGHLANDBEACHDRINTRACOASTAL DR
TRANQUILITY DRBOCACOVELNGRANDCT
S OCEAN BLVDRUSSELL DRS OCEAN BLVDBEL AIR DRN OCEAN BLVD
S OCEAN BLVD
LEGEND - HIGHLAND BEACH ZONING CODE
GSD Government Services District
RE Residential Single Family Estates Lots
RMH Residential Multiple Family High Density
RML Residential Multiple Family Low Density
RMM Residential Multiple Family Medium Density
RS Residential Single Family
TOWN OF HIGHLAND BEACHOFFICIAL ZONING MAP
A T L A N T I C O C E A N
I
N
T
R
A
C
O
A
S
T
A
L
W
A
T
E
R
W
A
Y
B O C A R AT O N
D E L R AY B E A C H
TOWN COMMISSION
-----------------------------------------------BERNARD FEATHERMAN, Mayor
-----------------------------------------------WILLIAM WEITZ, PhD, Vice Mayor
-----------------------------------------------LOUIS P. STERN, Comm.
-----------------------------------------------CARL FELDMAN, Comm.
-----------------------------------------------RHODA ZELNIKER, Comm.
PLANNING BOARD
------------------------------------------------CAROL STERN, Chair
------------------------------------------------ILYNE MENDELSON, Vice Chair
-------------------------------------------------RONALD CLARK
-------------------------------------------------STEPHEN GOLDING
-------------------------------------------------HARVEY MART
-------------------------------------------------CHARLES SHANE
-------------------------------------------------WILLIAM SVENSTRUP
ATTESTATION
-----------------------------------------------VALERIE OAKES, Town Clerk
ADOPTED -----------------------------------------------
ORDINANCE NO---------------------------------------
THIS IS TO CERTIFY THAT THIS IS THE OFFICIAL ZONING MAP OF THE TOWN OF HIGHLAND BEACH AS ADOPTED BY ORDINANCE NO. 594, AND IS AN AMENDMENT OF THE OFFICIAL ZONING MAP REFFERED IN SECTION ONE OFORDINANCE NO. 503 OF THE TOWN OF HIGHLAND BEACH, FLORIDA.
SCALEµ0 500 1,000 1,500 2,000 2,500 3,000Feet
1 inch = 500 feet
Print Date: July 17, 2015
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Page 80
From:Marshall Labadie
To:Ingrid Allen; Jeff Remas
Subject:FW: Ensuring our tax base
Date:Monday, October 24, 2022 3:07:29 PM
One perspective…..
Sincerely,
Marshall Labadie
Town Manager
Town of Highland Beach
3614 South Ocean Boulevard
Highland Beach, FL 33487
(561) 278-4548 Office
(561) 265-3582 Fax
www.highlandbeach.us
From: Jeffrey <jeffreyfl@gmail.com>
Sent: Saturday, October 22, 2022 3:07 PM
To: Doug hillman <dchillman@aol.com>; Natasha Moore <nmoore@highlandbeach.us>; Peggy
Gossett-Seidman <pseidman@highlandbeach.us>; Evalyn David <edavid@highlandbeach.us>; John
Shoemaker <jshoemaker@highlandbeach.us>
Cc: Marshall Labadie <mlabadie@highlandbeach.us>; Jack Halpern <cshb@cshbfla.com>;
jahalpern@comcast.net
Subject: Fwd: Ensuring our tax base
Mayor, Vice Mayor, Commissioners,
I would like to commend Commissioner David’s position on zoning, as stated in the last Commission
meeting.
Commissioner David made it clear that a zoning change should not lower the value of any property,
nor should our current zoning, that is perhaps in error, be allowed to diminish the value of any
resident’s real estate.
Commissioners please consider a one time resolution to allow the single property owner with an
unjust zoning problem to build a modern building to replace his outdated building. As far as I know
he’s not asking for any additional height or reduced setbacks. He just wants to replace the old
structure with a new structure.
On this isolated, so long as the Commission gives adequate time for public comment and there is no
Additional Information for item 9B
significant public outcry, then please just do it.
On the subject of allowing the replacement of condo buildings with taller buildings-
There seems to be a widespread delusion about keeping the flavor of our town past our lifetimes. I
am at a loss to understand this.
Highland Beach is a barrier island that until recent times no one was foolish enough to build on.
Our ancestors were not born or buried in Highland Beach. We were not born in Highland Beach, nor
will we be buried in Highland Beach. Our children were not raised in Highland Beach and do not live
here.
Highland Beach has no historic landmarks, no universities, no hospitals or even a single doctor’s
office.
What exactly is it that we want to save passed our lifetimes?
I believe this Commission’s responsibility is to do all it can to maximize our current resident’s real
estate value and to fulfill any possible fiduciary duty to ensure a stable tax base for the future.
Pro development zoning changes will accomplish these two goals.
Old “ chicken soup hallway” Condos that are no longer up to the most modern fire, hurricane and
climate change standards will be the downfall of Highland Beach.
We are not in the historic preservation business of buildings with no historic value.
If the people that come after us don’t want to live in a modern town then they can buy Condos in a
dilapidated, depressed town, which is what Highland Beach will become without the replacement of
our existing outdated, by design and safety buildings.
When did modern taller buildings, that are more hurricane and fire safe get to be a sin?
A Taller building does not necessarily equate to a significant increase in population.
The people that come after us will want at least two parking spaces for every condo. Parking spaces
could be moved from outside to the lower floors in the new buildings.
- The new buildings could actually create more green space in Highland Beach.
The next generation of condo buyers will want bigger apartments. future buyers will also want more
common area facilities. These items and more will take up a lot space in the new buildings.
The net population gain could be minimal.
None of us presently living in Highland Beach want the inconveniences associated with increased
population or the construction of brand new condo buildings to replace our aging buildings.
It may be possible for the commission to change the zoning to allow for new modern condo
buildings to replace the current buildings, beginning 10 or more years from now.
Once again let me point out that I do not own any condo property in Highland Beach. I do feel that
my single-family property, like every other other property in town will rise in value, once the town’s
electors have voted to allow condo owners to decide what is right for the future of their individual
condo building.
Highland Beach is a nice place to live and in most cases the value of our condo has become a
significant part of our assets.
We owe it to our current, almost entirely senior citizen residents to do everything we can to
maximize their future real estate profit.
In many cases our current residents will need every dollar they can get from the sale of their condo
to live comfortably in the final few years of their lives.
Sincerely,
Jeffrey Kleiman.
3907 South Ocean Blvd.
*** Below is a copy of an email I sent on August 16 of this year.
Begin forwarded message:
From: Jeffrey <jeffreyfl@gmail.com>
Date: August 16, 2022 at 4:22:27 PM EDT
To: Doug hillman <dchillman@aol.com>, Natasha Moore <nmoore@highlandbeach.us>, Peggy
Gossett-Seidman <pseidman@highlandbeach.us>, Evalyn David <edavid@highlandbeach.us>, John
Shoemaker <jshoemaker@highlandbeach.us>
Cc: Marshall <mlabadie@highlandbeach.us>, Terisha Cuebas <tcuebas@highlandbeach.us>, Jeff
Remas <bco@highlandbeach.us>, Jack <Jahalpern@comcast.net>
Subject: Fwd: Ensuring our tax base
Mayor, Vice Mayor, Commissioners,
I have been receiving some criticism about my suggestion that our town change its zoning to allow
condo buildings to be replaced with taller buildings.
Considering the average age of our condo residents, it is immaterial how our residents feel about
living in a town with taller buildings. Most of our current condo residents will have moved away or
passed away.
Condo owners voting to replace their untenable buildings due to saltwater intrusion, climate change,
or other factors would be a slow process over many years.
Updating our zoning to allow the construction of taller buildings could:
1. Raise the value of everyone’s condo.
2. Create a financial avenue for condos to replace outdated buildings.
3. Ensure the town’s future success by creating a significantly higher tax base.
Many of the condos stand on the past site of single-story winter bungalows.
I bet some of the departed residents of that era didn’t want the “tall” buildings that we currently
have in our town.
Jeffrey Kleiman
3907 South Ocean Blvd.
Begin forwarded message:
From: Jeffrey <jeffreyfl@gmail.com>
Date: August 7, 2022 at 12:47:57 PM EDT
To: Doug hillman <dchillman@aol.com>, Natasha Moore <nmoore@highlandbeach.us>, Peggy
Gossett-Seidman <pseidman@highlandbeach.us>, John Shoemaker
<jshoemaker@highlandbeach.us>, Evalyn David <edavid@highlandbeach.us>
Cc: Marshall <mlabadie@highlandbeach.us>, Terisha Cuebas <tcuebas@highlandbeach.us>, Jack
<Jahalpern@comcast.net>, Jeff Remas <bco@highlandbeach.us>
Subject: Ensuring our tax base
Mayor, Vice Mayor, Commissioners,
Most of our condos were built in the 1960s, 1970s, and 1980s. From an appearance point of view
many are outdated.
A building’s outdated appearance, the lack of amenities that the next generation of condo owners
may require and the fact that these buildings were not build in preparation for climate change, may
lead to the decline of our tax base.
In order to ensure a healthy tax base we should look into incentivizing condo owners to replace their
buildings with new climate change enhanced and environmentally friendly buildings.
The biggest incentive we could give condo owners and would also substantially increase our town’s
tax revenue, would be to change our zoning code to allow new condo buildings to be built to a
higher height.
A higher building would allow for additional floors of living and parking space.
The resale of condos in the new buildings, together with the additional condo units that would be
built on the new higher floors will substantially increase the funds our town receives from real estate
taxes.
Our town’s condo owners who elect to replace their building will wind up with a far more valuable,
brand new condo in a modern building.
Condo owners who are not in a position to wait until their building is rebuilt, will surely be offered
huge sums of money from investors willing to take their place.
In any event the decision to replace an old building with a new building will be solely at the
discretion of each building’s condo owners.
Changing the zoning to allow higher buildings will ensure the future of our real estate tax revenue
and be a financial windfall for every condo owner who elects to rebuild their building.
Just the act of our Commission changing the zoning to allow new buildings to be higher could
immediately increase every condo owner’s home value.
The negatives-
To begin with I could not find a single example where a home owner’s view of the ocean would be
reduced if buildings were higher.
Increased construction- The Condo owner’s timing of their decision to rebuild their building will
likely be spread out over many years. The decision to rebuild would be based on the condition of the
building and many other factors. Very little construction should be going on simultaneously.
What to do with the extra money condo owners may receive when they sell their unit-
This is a problem every resident would like to have.
Respectfully,
Jeffrey Kleiman
3907 South Ocean Blvd.
In full disclosure I do not own a condo unit, therefore the effect of this zoning change would not
directly benefit me. I do own single family real estate in Highland Beach, that may go up in value due
to our town modernizing.