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2023.07.13_PB_Agenda_RegularAGENDA PLANNING BOARD REGULAR MEETING Thursday, July 13, 2023 AT 9:30 AM TOWN OF HIGHLAND BEACH, FLORIDA 3618 S. OCEAN BOULEVARD HIGHLAND BEACH, FL 33487 Telephone: (561) 278-4548 Website: www.highlandbeach.us LIBRARY COMMUNITY ROOM 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. June 08, 2023 8. NEW BUSINESS A. Development Application No. 22-0012 / John Zessin Application by Gregory Bonner, B1 Architect LLC, requesting site plan approval for a new three story, 9,397 square foot single family residence with pool/spa and a dune walkover located at 3805 South Ocean Boulevard. B. Development Application No. 22-0017 / 3519 South Ocean Boulevard LLC. Application by Mark Hunley, Charette International Architecture, requesting site plan approval for a new three story, 3,997 square foot single family residence located at 3521 South Ocean Boulevard. Page 1 Agenda – Planning Board Regular Meeting Thursday, July 13, 2023, 9:30 AM Page 2 of 2 9. UNFINISHED BUSINESS A. Ongoing discussion of proposed changes (“amendment concepts”) to the Accessory Marine Facility (AMF) and seawall regulations of the Town Code 10. ANNOUNCEMENTS July 27, 2023 11:30 A.M. Financial Advisory Board Meeting August 01, 2023 1:30 P.M. Town Commission Meeting August 08, 2023 1:00 P.M. Code Enforcement Board Meeting August 10, 2023 9:30 A.M. Planning Board Meeting 11. ADJOURNMENT Any person that decides to appeal any decision made by the Board of Adjustment & Appeals 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 record. 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 2 File Attachments for Item: A. June 08, 2023 Page 3 TOWN OF HIGHLAND BEACH TOWN PLANNING BOARD REGULAR MEETING MINUTES Library Community Room 3618 South Ocean Boulevard Highland Beach, Florida 33487 Date: June 08, 2023 Time: 9:30 AM 1. CALL TO ORDER Chairperson Goldenberg called the meeting to order at 9:30 A.M 2. ROLL CALL Board Member Jason Chudnofsky Board Member David Powell (joined via Zoom) Board Member Roger Brown (joined via Zoom) Board Member Brian DeMoss Board Member Harry Adwar Vice Chairperson Ilyne Mendelson Chairperson Eric Goldenberg Town Attorney Leonard Rubin Town Clerk Lanelda Gaskins ADDITIONAL STAFF PRESENT Town Planner Allen 3. PLEDGE OF ALLEGIANCE The Board Members led the Pledge of Allegiance to the United States of America. 4. SWEARING IN OF THE PUBLIC Town Clerk Lanelda Gaskins swore in those giving testimony. 5. APPROVAL OF THE AGENDA Chairperson Goldenberg mentioned that Item 9.A., Development Order Application No. 23-0002 was moved to Item 8.A. and Item 8.A., Ongoing discussion of proposed changes ("amendment concepts") to the Accessory Marine Facility (AMF) and seawall regulations of the Town Code was moved to Item 9.A. Page 4 Planning Board Regular Meeting Minutes Date: June 08, 2023 Page 2 of 4 MOTION: Mendelson/Adwar - Moved to approve the agenda as amended which passed unanimously 7 to 0. 6. PUBLIC COMMENT There were no public comments. 7. APPROVAL OF MINUTES A. May 11, 2023 MOTION: DeMoss/Mendelson - Moved to approve the minutes as presented, which passed unanimously 7 to 0. 8. UNFINISHED BUSINESS A. Ongoing discussion of proposed changes (“amendment concepts”) to the Accessory Marine Facility (AMF) and seawall regulations of the Town Code Chairperson Goldenberg read the title of the item and referred the item to Town Planner Allen. Town Planner Allen presented this item and mentioned that Town’s Marine Expert, ATM Dr. Michael Jenkins, was confirmed to be at this meeting but had a medical emergency but will attend a future meeting. She provided a brief summary of the discussion thus far. She referenced a draft report from March 15, 2022, from the previous Vice Mayor Babij. She explained that if a resident were to replace their existing dock in the residential multifamily low density zoning district, they could lose footage if the amendment concept gets approved as proposed. The Town Manager has agreed to have the Board go out onto the waterway and Town Planner Ingrid will coordinate this with the Police. At the June 06, 2023 Town Commission meeting they t alked about the residential multifamily zoning density issue and setbacks. Additionally, she referred to a PowerPoint presentation depicting Map 2 - Canal widths on North Grand Court. There was extensive discussion among the board members and Town Planner Allen about the amendment concept. Member Adwar left the dais at 10:15 A.M. Chairperson Goldberg suggested that at the next meeting, he would like to focus on setbacks, mooring setbacks, and finish with the ladders (on docks or seawalls). The discussion will be continued at the meeting when the Town’s Marine Expert should be in attendance. Page 5 Planning Board Regular Meeting Minutes Date: June 08, 2023 Page 3 of 4 David Willens provided public comments as it relates to Byrd Beach, the struggle with the Town finding a solution regarding the code of ordinance, and the setback matter. Member Brown left Zoom at 10:25 A.M. 9. NEW BUSINESS A. Development Application No. 23-0002 / David Willens Application by Christopher Gullace, West General Corporation, for a major modification to an existing building as provided in Section 30-39 of the Town Code of Ordinances including but not limited to the addition of two new garages, a new covered entertainment area and changes to the exterior façade, and roof line for the property located at 2362 South Ocean Boulevard. Chairperson Goldenberg read the title of the item and asked the Board members if they had any ex parte communications to disclose. The members had no ex parte communications. Chairperson Goldenberg opened the public hearing and called Town Planner Allen to present the application. Town Planner Allen presented a PowerPoint Presentation of the Development Order depicting aerial photographs of the property, site plans, and the major modifications to the existing building located at 2362 South Ocean Boulevard. Town Planner Allen mentioned that the Town Code provides a description of a major modification in Section 30-39. The applicant is proposing a change to the landscaping in the FDOT’s right of way and it has been conditional approved by FDOT. This type of amendment has to go before the Town Commission for the amended maintenance agreement. 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. The applicant is proposing to remove three royal palms from the property, and this will require Town Commission approval. In addition, the applicant will be required to get a tree removal permit and a right of way permit for the driveway. Applicant David Willens was present and provided comments on the purpose of the property being a single-family home. There were discussions about the existing seawall, and seawall elevation. Cynthia Martinez and Raul Reyes, the applicant’s architects, were present. The Public Hearing was closed followed by a motion. Page 6 Planning Board Regular Meeting Minutes Date: June 08, 2023 Page 4 of 4 MOTION: DeMoss/Adwar - Moved to approve Development Application No. 23-0002 as presented. Based upon roll, Member DeMoss (Yes); Member Adwar (Yes); Member Powell (Yes); Member Brown (Yes); Member Chudnofsky (Yes); Vice Chairperson Mendelson (Yes); and Chairperson Goldenberg (Yes). The motion passed 7 to 0. 10. ANNOUNCEMENTS Chairperson Goldenberg read the announcements as follows. June 13, 2023 1:00 P.M. Code Enforcement Regular Meeting June 20, 2023 1:30 P.M. Town Commission Meeting 11. ADJOURNMENT The meeting adjourned at 10:30 A.M. APPROVED on July 13, 2023, Planning Board Regular Meeting. _________________________________ Eric Goldenberg, Chairperson ATTEST: Transcribed by: Lanelda Gaskins and Jaclyn DeHart 07/13/2023 ____________________________________ _____________________________ Lanelda Gaskins, MMC Date Town Clerk 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 7 File Attachments for Item: A. Development Application No. 22-0012 / John Zessin Application by Gregory Bonner, B1 Architect LLC, requesting site plan approval for a new three-story, 9,397 square foot single family residence with pool/spa and a dune walkover located at 3805 South Ocean Boulevard. Page 8 PLANNING BOARD STAFF REPORT MEETING OF: JULY 13, 2023 TO: PLANNING BOARD FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY GREGORY BONNER, B1 ARCHITECT LLC, REQUESTING SITE PLAN APPROVAL FOR A NEW THREE- STORY, 9,397 SQUARE FOOT SINGLE FAMILY RESIDENCE WITH POOL/SPA, AND A DUNE WALKOVER LOCATED AT 3805 SOUTH OCEAN BOULEVARD. (DO#22-0012). Applicant (Property Owner): John G. Zessin Trust, Susan B. Zessin TR 3805 South Ocean Boulevard Highland Beach, FL 33487 Applicant’s Agent: Gregory Bonner B1 Architect LLC 139 North County Road #18c Palm Beach, Fl. 33480 Property Characteristics: Comprehensive Plan Land Use: Single Family Zoning District: Residential Single Family (RS) Site Location: 3805 South Ocean Boulevard Parcel PCN#: 24-43-47-04-00-001-0082 I. GENERAL INFORMATION: HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 278-4540 Fx: (561) 265-3582 Page 9 Adjacent Properties: PARCEL ZONING DISTRICT FUTURE LAND USE DESIGNATION North Residential Single Family (RS) Single Family South Residential Single Family (RS) Single Family East NA (Atlantic Ocean) NA (Atlantic Ocean) West Residential Multiple Family Low Density (RML) Multi Family Low Density Request and Analysis: The Applicant is requesting site plan approval to construct a new three-story, 9,397 square foot single family residence with pool/spa, and a dune walkover. The property currently contains a two- story single family residence that, according to the Palm Beach County Property Appraiser, was built in 1968. Pursuant to Section 30-67 of the Town Code, a single-family detached dwelling is permitted in the RS zoning district subject to site plan approval. Section 30-31 of the Town Code indicates that single family residences require site plan approval from the Planning Board who is the decision-making authority for such development requests. The Applicant has received approval from the Florida Department of Environmental Protection (Permit No. PB-1439) for the proposed new residence including the proposed dune walkover. Note that Section 30-68(i) of the Town Code states that dune walkover structures shall require Planning Board approval. On July 20, 2017, the Florida Department of Transportation (FDOT) and the Town of Highland Beach entered into a Landscape Inclusive Maintenance Memorandum of Agreement (MMOA) for the purpose of maintaining landscape improvements on State Road A1A (South Ocean Boulevard). Section 28-10 of the Town Code indicates that the property owner shall be responsible for the maintenance of all landscaping located on their property and on adjacent public rights -of-way. Given the Applicant is proposing landscaping on FDOT’s right-of-way, an amendment to the MMOA is required. The landscaping proposed on FDOT’s right -of-way has been conditionally approved by FDOT (Permit No. 2023-L-496-00004) subject to approval by the Town Commission of the amended MMOA. A resolution to execute such amended Agreement will be considered by the Town Commission. In addition, pursuant to Town Resolution No. 2021-041, Town Commission approval is required for construction improvements within FDOT’s State Road A1A right-of-way. The Applicant is proposing new driveways and therefore a Town right-of-way permit (approved by the Town Commission) is required. The Applicant has received FDOT approval for the new driveways (Permit No. 2022-A-496-00058). Pursuant to Section 30-38(6) of the Town Code, the Planning Board shall approve or deny the site plan application. The approval may include conditions which clarify, but do not exceed, the requirements of this code. If the request receives Planning Board approval, the applicant will be Page 10 required to obtain a building permit, prior to initiation of construction, 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. Staff has reviewed the Applicant’s proposed request including plans date stamped received by the Building Department on June 27, 2023 and finds that the project is consistent with the Code of Ordinances. Should you have any questions, please feel free to contact me at (561) 637-2012 or iallen@highlandbeach.us Attachments: Application Aerials FDEP approval Applicant Plans (11X17) Page 11 Page 12 Page 13 Page 14 Page 15 COPYNOT A CER T I F IED C Page 16 COPYPage 17 380 5 South Ocea n Blvd.Palm Be ach Cou ntyNone July 3, 2023 0 0.008 5 0.0170.004 25 m i 0 0.01 0.020.005 km 1:57 6 Crea te d b y: P alm Beach Co untyµPage 18 3805 South Ocean Blvd. (Front)01/09/2023SUBJECT PROPERTYPage 19 3805 South Ocean Blvd. (Rear)01/09/2023SUBJECT PROPERTYPage 20 From:Bonanno, Nathan To:Ingrid Allen Subject:RE: Permit PB-1439 - 3805 S. Ocean Blvd Date:Tuesday, April 25, 2023 11:11:46 AM Attachments:image002.png Good morning Ingrid, It should be fine for the applicant to relocate the siting of the walkover to be moved further south as long as the conditions of the permit are still followed; e.g., no further than 10 feet seaward of the vegetation line, etc. Feel free to reach out if you have any questions. Thanks, Nathan Bonanno, M.S., E.I.Florida Department of Environmental ProtectionOffice of Resilience and Coastal ProtectionCoastal Construction Control Line ProgramEngineering Specialist IIINathan.bonanno@floridadep.govOffice: 850-245-7671 From: Ingrid Allen <iallen@highlandbeach.us> Sent: Tuesday, April 25, 2023 11:02 AM To: Bonanno, Nathan <Nathan.Bonanno@FloridaDEP.gov> Subject: RE: Permit PB-1439 - 3805 S. Ocean Blvd EXTERNAL MESSAGE This email originated outside of DEP. Please use caution when opening attachments, clicking links, or responding to this email. Nathan: Thank you for providing the correct plans associated with the permit. As discussed earlier today, the proposed dune walkover is required by Town Code to comply with the zoning district side setback of 12 feet. While compliance with this setback is provided on the Applicant’s proposed draft site plan submitted to the Town (see attached), it is not in compliance with the setback on the plans submitted to FDEP. That said, and based on our discussion earlier today, you informed me that if I documented this discrepancy, the permit would still be valid even though the dune walkover will be located a bit southward (approximately 6 to 7 feet). Kindly confirm. Thank you. Sincerely, Ingrid Allen Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 W.M.S.V.INGROUNDVAULTSSMHP A V E DCLSTATE ROAD A-1-AW.M.S.V.INGROUNDVAULTSSMHP A V E DCLSTATE ROAD A-1-APage 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 RECEIVEDJanuary 24, 2023OFFICE OF RESILIENCEAND COASTAL PROTECTIONPB-1439Page 43 RECEIVEDJanuary 24, 2023OFFICE OF RESILIENCEAND COASTAL PROTECTIONPB-1439Page 44 RECEIVEDJanuary 24, 2023OFFICE OF RESILIENCEAND COASTAL PROTECTIONPB-1439Page 45 RECEIVEDJanuary 24, 2023OFFICE OF RESILIENCEAND COASTAL PROTECTIONPB-1439Page 46 RECEIVEDJanuary 24, 2023OFFICE OF RESILIENCEAND COASTAL PROTECTIONPB-1439Page 47 RECEIVEDJanuary 24, 2023OFFICE OF RESILIENCEAND COASTAL PROTECTIONPB-1439Page 48 RECEIVEDJanuary 24, 2023OFFICE OF RESILIENCEAND COASTAL PROTECTIONPB-1439Page 49 RECEIVEDJanuary 24, 2023OFFICE OF RESILIENCEAND COASTAL PROTECTIONPB-1439Page 50 RECEIVEDJanuary 24, 2023OFFICE OF RESILIENCEAND COASTAL PROTECTIONPB-1439Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 76 PUBLIC NOTICE APPLICATION NO. 22-0012 500 Ft Public Notification Boundary June 21, 2023 Dear Property Owner: This is to notify you that the PLANNING BOARD of the Town of Highland Beach will conduct a public hearing on Thursday, July 13, 2023 at 9:30 AM in the Community Room of the Town Library located at 3618 South Ocean Boulevard, Highland Beach, Florida to consider the following application. APPLICATION BY GREGORY BONNER, B1 ARCHITECT LLC, REQUESTING SITE PLAN APPROVAL FOR A NEW THREE-STORY, 9,397 SQUARE FOOT SINGLE FAMILY RESIDENCE WITH POOL/SPA, AND A DUNE WALKOVER LOCATED AT 3805 SOUTH OCEAN BOULEVARD. 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. 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 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) 637-2012. TOWN OF HIGHLAND BEACH, BUILDING DEPARTMENT Page 77 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 Jul 03, 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: July 03, 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: jdehart@highlandbeach.us 7451998 SUN-SENTINEL Page 78 Order # - 7451998 SUN-SENTINEL Page 79 File Attachments for Item: B. Development Application No. 22-0017 / 3519 South Ocean Boulevard LLC. Application by Mark Hunley, Charette International Architecture, requesting site plan approval for a new three story, 3,997 square foot single family residence located at 3521 South Ocean Boulevard. Page 80 PLANNING BOARD STAFF REPORT MEETING OF: JULY 13, 2023 TO: PLANNING BOARD FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY MARK HUNLEY, CHARETTE INTERNATIONAL ARCHITECTURE, REQUESTING SITE PLAN APPROVAL FOR A NEW THREE-STORY, 3,997 SQUARE FOOT SINGLE FAMILY RESIDENCE LOCATED AT 3521 SOUTH OCEAN BOULEVARD (DO#22-0017). Applicant (Property Owner): 3519 So Ocean Blvd LLC 555 Taylor Road Enfield, CT 06082 Applicant’s Agent: Mark Hunley Charette International Architecture 2528 North 38th Avenue Hollywood, Fl. 33021 Property Characteristics: Comprehensive Plan Land Use: Multi Family Low Density Zoning District: Residential Multiple Family Low Density (RML) Site Location: 3521 South Ocean Boulevard Parcel PCN#: 24-43-46-33-00-004-0150 I. GENERAL INFORMATION: HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 278-4540 Fx: (561) 265-3582 Page 81 Adjacent Properties: PARCEL ZONING DISTRICT FUTURE LAND USE DESIGNATION North Residential Multiple Family Low Density (RML) Multi Family Low Density South Residential Multiple Family Low Density (RML) Multi Family Low Density East NA (Atlantic Ocean) NA (Atlantic Ocean) West Residential Multiple Family Medium Density (RMM) Multi Family Low Density Request and Analysis: The Applicant is requesting site plan approval to construct a new three-story, 3,997 square foot single family residence located at 3521 South Ocean Boulevard. The property currently consists of a residential single-story structure that, according to the Palm Beach County Property Appraiser, was built in 1952. The property also includes a shed located to the south of the principal structure. The property is a nonconforming lot of record given the minimum lot width requirement for a single- family dwelling in the RML zoning district is 80 feet and the current lot width is approximately 60 feet. Section 30-103(a) of the Town Code states that in any zoning district, a nonconforming lot of record may be utilized for any use permitted in such zoning district. Pursuant to Section 30-67 of the Town Code, a single-family detached dwelling is permitted in the RML zoning district subject to site plan approval. The Applicant has received approval from the Florida Department of Environmental Protection (Permit No. PB-1426) for the proposed new residence given it is located east of the Coastal Construction Control Line (CCCL). On July 20, 2017, the Florida Department of Transportation (FDOT) and the Town of Highland Beach entered into a Landscape Inclusive Maintenance Memorandum of Agreement (MMOA) for the purpose of maintaining landscape improvements on State Road A1A (South Ocean Boulevard). Section 28-10 of the Town Code indicates that the property owner shall be responsible for the maintenance of all landscaping located on their property and on adjacent public rights -of-way. Given the Applicant is proposing landscaping on FDOT’s right-of-way, an amendment to the MMOA is required. The landscaping proposed on FDOT’s right -of-way has been conditionally approved by FDOT (Permit No. 2023-L-496-00006) subject to approval by the Town Commission of the amended MMOA. A resolution to execute such amended Agreement will be considered by the Town Commission. In addition, pursuant to Town Resolution No. 2021-041, Town Commission approval is required for construction improvements within FDOT’s State Road A1A right-of-way. The Applicant is proposing a new driveway and therefore a Town right-of-way permit (approved by the Town Commission) is required. The Applicant has received FDOT approval for the new driveway (Permit No. 2023-A-496-00010). Page 82 Section 30-31 of the Town Code indicates that single family residences require site plan approval from the Planning Board who is the decision-making authority for such development requests. Pursuant to Section 30-38(6) of the Town Code, the Planning Board shall approve or deny the site plan application. The approval may include conditions which clarify, but do not exceed, the requirements of this code. If the request receives Planning Board approval, the applicant will be required to obtain a building permit, prior to initiation of construction, 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. Staff has reviewed the Applicant’s proposed request including plans date stamped received by the Building Department on June 27, 2023 and finds that the project is consistent with the Code of Ordinances. Should you have any questions, please feel free to contact me at (561) 637-2012 or iallen@highlandbeach.us Attachments: Application Aerials FDEP approval Applicant Plans Page 83 TOWN OF HIGHLAND BEACH PROPERTY INI,'ORMATION ASSOCIATtrD WITH TIIIS APPLICATION r rirfc0db bq.r|, tL 1j4(1 Full Legal Description of the Property [as described in the deedl or reference to an attachment: -TrlE A' op 7,ie ,rloa-Ta tza' )r'iei .ko7a 71o' €F 6a!;2' "tu'q- LoT 'l sEda) 35 -1;'Dn s't tP to *{fA lt/h.)aE 43 E&sT- Be-rtrvEl 'TFc Fasr Qo.i L)e oF *4t4 frr> 'fir n7'24n77<- What is thc location of the installation? r Intracoastal Watcrway (ICW) l Intcrior C'anal/Basin o N/A Zoning District: Dot t- Application # Provide a detailed descriotion of the proposed project {use additional naqes ifnecessary): '?.,qQ1 a-a trf {+7 itc-<p s/l/-,p f-{''"(L/ rllsir*)tcE. *-T{.e E a-r' L.- b; f 4 be>,,eo,*: , 4 r.,"' ft,-tras, - tla"+ Brrr s, q r-l '3 (nL (naoas Mailing Addrcss:3 Phon"t 154- {ag -9<6fwAo-u< )"ldr,-E Y Company Name: 7.lo p AL A(L/.l fT-erf1' RA Mailing Address: Email Address: 2 Page 84 I give permission to the members of thc'I'own Commission, Planning Board and staff to inspect the property for the purpose of this application. I declare that all statcmcnts made herein arc true, based upon the best available information. Willful false statements may jeopardize the validity of my application or any decision issued thereon. I have fully read the information outlining thc application requiremenls. With this application, i am submitting the neoessary supporting materials listed. Applicant's Signature: Received hy the Town Clerk's OlJice: Received Bv:Date: L)ate Public Notices Mailed: Date Legal Advertisement Published: 3 Page 85 Page 86 Page 87 NOT A CER T I F IED COPY Page 88 NOT A CER T I F IED COPY Page 89 352 1 South Ocea n Blvd. Palm Beach Cou ntyNoneJune 2 0, 2 02 3 0 0 .0 095 0.0 190.00 4 75 m i 0 0 .0 1 5 0.030.007 5 km 1:576 Page 90 3521 South Ocean Blvd (Front)01/09/2023SUBJECT PROPERTYPage 91 3521 South Ocean Blvd. (Rear)01/09/2023SUBJECT PROPERTYPage 92 F L O R I D A D E P A R T M E N T O F Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, FL 32399-2400 Ron DeSantis Governor Jeanette Nuñez Lt. Governor Shawn Hamilton Secretary February 23, 2023 Mark Powell, P.E. Isiminger & Stubbs Engineering, Inc. No Permit Modification Required Permittee Name: 3519 SO OCEAN BLVD LLC Permit File Number: PB-1426 Project Address: 3521 S Ocean Blvd, Highland Beach Dear Mr. Powell: This will acknowledge the receipt of your request to alter the construction or activities authorized by the above referenced permit. An updated site plan was submitted as it relates to the above referenced request. The proposed alterations consist of the following: Modifications to the landscaping plans. The staff has determined that the alterations are minor and/or do not increase the potential for adverse impact on the beach/dune system or adjacent property. Therefore, no formal modification of the permit is required. All other conditions of the permit remain in effect. A copy of the approved revised plans is attached and need to be posted on the jobsite during construction. If you have any questions or concerns, or need additional information, please contact Nathan Bonanno, Permit Manger, by mail at the letterhead address (add Mail Station 3522), or by telephone at (850)245-7671, or by e-mail at nathan.bonanno@floridadep.gov. Sincerely, Nathan Bonanno, Permit Manager Coastal Construction Control Line Office of Resilience and Coastal Protection Attachment: Approved Plans Cc: David Kieckbusch, Field Inspector Page 93 Page 94 Page 95 Page 96 Page 97 Xref \\Mac\Home\Documents\2023-A-CAD PROJECTS\2023-01-21_3520 Ocean Highland Beach\X-ref\3521-site.dwgsouth ocean blvd.IRRIGATIONPLANRevisions:1.2.3.4.5.6.New ResidenceHighland Beach, FL., 334873521 S. Ocean BlvdPage 98 IRRIGATIONDRIP DETAILSRevisions:1.2.3.4.5.6.New ResidenceHighland Beach, FL., 334873521 S. Ocean BlvdPage 99 IRRIGATIONDRIP DETAILSRevisions:1.2.3.4.5.6.New ResidenceHighland Beach, FL., 334873521 S. Ocean BlvdPage 100 PERMIT NUMBER: PB-1426 PERMITTEE 3519 SO OCEAN BLVD LLC c/o Mark A. Powell, P.E., Vice President Isiminger & Stubbs Engineering, Inc. 649 U.S. Highway1, Suite 9 North Palm Beach, FL 33408 NOTICE TO PROCEED AND PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES PURSUANT TO SECTION 161.053, FLORIDA STATUTES FINDINGS OF FACT: An application for authorization to conduct the activities seaward of the coastal construction control line that are indicated in the project description, was filed by the applicant/permittee named herein on August 23, 2022 and was determined to be complete pursuant to rule on September 14, 2022. The proposed major structures are to be located landward of the 30-year erosion projection and the existing line of construction established by major structures in the immediate area. CONCLUSIONS OF LAW: After considering the merits of the proposal and any written objections from affected persons, the Department finds that upon compliance with the permit conditions, the activities indicated in the project description of this permit are of such a nature that they will result in no significant adverse impacts to the beach/dune areas or to adjacent properties; that the work is not expected to adversely impact nesting sea turtles, their hatchlings, or their habitat; that the work is expendable in nature and/or is appropriately designed in accordance with Section 62B-33.005, Florida Administrative Code. Based on the foregoing considerations, the Department approves the application; authorizes construction and/or activities at the location indicated below in strict accordance with the project description, the approved plans (if any) and the General Permit Conditions which are by this reference incorporated herein, and any additional conditions shown below, pursuant to Section 161.053(4), Florida Statutes. EXPIRATION DATE: November 10, 2025 LOCATION: Between approximately 440 feet and 500 feet south of the Department of Environmental Protection's reference monument R-197, in Palm Beach County. Project address: 3521 South Ocean Boulevard, Highland Beach. PROJECT DESCRIPTION: Two-Story, Single-Family Dwelling with Understructure Garage 1. Location relative to control line: A maximum of 89.9 feet seaward. 2. Exterior dimensions: A maximum of 84.5 feet in the shore-normal direction including covered porches, by a maximum of 34.0 feet in the shore-parallel direction. 3. Type of foundation: Pile. Page 101 PERMITTEE: 3711 Ocean South-3, LLC PERMIT NUMBER: PB-1426 PAGE 2 4. Finished floor elevation: Varies from +20.3 feet to +20.8 feet (NAVD). 5. Garage floor elevation: +10.0 feet (NAVD). Excavation/Fill 1. Total volume of excavation seaward of the control line: Approximately 347 cubic yards. See Special Permit Conditions 4 and 5. 2. Location of excavation: Across the site predominantly within the footprint of the proposed development to a maximum distance of 56 feet seaward of the control line. 3. Maximum depth of excavation: To foundation installation depths. 4. Volume of fill to be placed: Approximately 351 cubic yards. See Special Permit Condition 5. 5. Location of fill to be placed: Across the site predominantly within the footprint of the proposed development to a maximum distance of 113 feet seaward of the control line. Other Structures and Activities 1. A paver driveway to be located landward of the dwelling as shown on approved plans. 2. Exterior stairs and walkways are to be located on the shore-normal sides of the dwelling, as shown on the approved plans. 3. Demolition and removal of the existing single-family dwelling and improvements. 4. Landscape plantings. See Special Permit Condition 6. 5. Exterior lighting. See Special Permit Condition 7. SPECIAL PERMIT CONDITIONS: 1. Prior to commencement of construction activity authorized by this permit, a preconstruction conference shall be held at the site among the contractor, the owner or authorized agent, and a staff representative of the Department to establish an understanding among the parties as to the items specified in the special and general conditions of the permit. The proposed locations of the structures shall be staked out for the conference. Contact David Kieckbusch at (561) 313-9007 or email at david.kieckbusch@floridadep.gov to schedule a conference. 2. Prior to commencement of construction activity authorized by this permit, a temporary construction fence shall be erected along the perimeter of the permitted activity. The fence shall remain in place until the construction authorized by this permit is complete. The optimum siting of the construction fence shall be determined during the preconstruction conference by the staff representative so as to provide maximum protection to the existing native vegetation and dune features located on the site. 3. All rubble and debris resulting from this construction shall be removed and relocated landward of the coastal construction control line. Page 102 PERMITTEE: 3711 Ocean South-3, LLC PERMIT NUMBER: PB-1426 PAGE 3 4. All excavated sandy material seaward of the control line shall be maintained on site seaward of the control line. 5. Any imported fill material shall be obtained from a source landward of the control line. All fill material (both excavated from the site and imported) shall consist of sand which is similar to that already on the site in both grain size and coloration shall be free of construction debris, rocks, or other foreign matter. A sample of the sand shall be provided to the staff representative during the preconstruction conference. 6. Plantings shall conform to the approved planting plan. Removal of invasive plant species and landscape installation shall not cause the removal of existing salt-tolerant native vegetation. 7. All lighting shall be installed and maintained as depicted in the approved lighting schematic. No additional permanent exterior lighting is authorized. 8. No construction, operation, transportation or storage of equipment or materials, planting, and no temporary lighting of the construction area are authorized in marine turtle nesting habitat seaward of the dune crest at any time during the marine turtle nesting season March 1 through October 31. 9. Permittee shall submit compliance reports as specified in Special and General Permit Conditions of this permit. General Permit Conditions 1(q) and 1(r) pertain to written reports which must be submitted to the Department of Environmental Protection at specified times. The forms for the reports: 1(q) Foundation Location Certification (DEP Form 73-114B) and 1(r) Final Certification (DEP Form 73-115B) are available at the website: https://floridadep.gov/rcp/coastal-construction-control- line/content/coastal-construction-control-line-cccl-forms. Each form may be submitted electronically to the CCCL mailbox at CCCL@dep.state.fl.us. GENERAL PERMIT CONDITIONS: (1) The following general permit conditions shall apply, unless waived by the Department or modified by the permit: (a) The permittee shall carry out the construction or activity for which the permit was granted in accordance with the plans and specifications that were approved by the Department as part of the permit. Deviations therefrom, without written approval from the Department, shall be grounds for suspension of the work and revocation of the permit pursuant to section 120.60(7), F.S., and shall result in assessment of civil fines or issuance of an order to alter or remove the unauthorized work, or both. No other construction or activities shall be conducted. No modifications to project size, location, or structural design are authorized without prior written approval from the Department. A copy of the notice to proceed shall be conspicuously displayed at the project site. Approved plans shall be made available for inspection by a Department representative. (b) The permittee shall conduct the construction or activity authorized under the permit using extreme care to prevent any adverse impacts to the beach and dune system, marine turtles, their nests and habitat, or adjacent property and structures. (c) The permittee shall allow any duly identified and authorized member of the Department to enter upon the premises associated with the project authorized by the permit for the purpose of ascertaining compliance with the terms of the permit and with the rules of the Department until all construction or activities authorized or required in the permit have been completed and all project performance reports, certifications, or other documents are received by the Department and determined to be consistent with the permit and approved plans. (d) The permittee shall hold and save the State of Florida, the Department, and its officers and employees harmless from any damage, no matter how occasioned and no matter what the amount, to persons or property that might result from the construction or activity authorized under the permit and from any and all claims and judgments resulting from such damage. Page 103 PERMITTEE: 3711 Ocean South-3, LLC PERMIT NUMBER: PB-1426 PAGE 4 (e) The permittee shall allow the Department to use all records, notes, monitoring data, and other information relating to construction or any activity under the permit, which are submitted, for any purpose necessary except where such use is otherwise specifically forbidden by law. (f) Construction traffic shall not occur and building materials shall not be stored on vegetated areas seaward of the control line unless specifically authorized by the permit. If the Department determines that this requirement is not being met, positive control measures, such as temporary fencing, designated access roads, adjustment of construction sequence, or other requirements, shall be provided by the permittee at the direction of the Department. Temporary construction fencing shall not be sited within marine turtle nesting habitats. (g) The permittee shall not disturb existing beach and dune topography and vegetation except as expressly authorized in the permit. Before the project is considered complete, any disturbed topography or vegetation shall be restored as prescribed in the permit with suitable fill material or revegetated with appropriate beach and dune vegetation. When required for mitigation, dune vegetation will be considered successfully established if within 180 days of planting, a minimum of 80 percent of the planting units survive, a minimum of 80 percent of the planted area is covered with native species and the vegetation is continuous without gaps along the shoreline. (h) All fill material placed seaward of the CCCL shall meet the requirements of subsection 62B-33.005(7), F.A.C. All such fill material shall be free of construction debris, rocks, clay, or other foreign matter; and shall be obtained from a source landward of the CCCL. (i) If surplus sand fill results from any approved excavation seaward of the control line, such material shall be distributed seaward of the control line on the site, as directed by the Department, unless otherwise specifically authorized by the permit. Sand fill placed seaward of the frontal dune, bluff or coastal armoring in marine turtle nesting habitat shall be configured such that it does not interfere with marine turtle nesting. (j) Any native salt-tolerant vegetation destroyed during construction shall be replaced with plants of the same species or, by authorization of the Department, with other native salt-tolerant vegetation suitable for beach and dune stabilization. Unless otherwise specifically authorized by the Department, all plants installed in beach and coastal areas – whether to replace vegetation displaced, damaged, or destroyed during construction or otherwise – shall be of species indigenous to Florida beaches and dunes, such as sea oats, sea grape, saw palmetto, panic grass, saltmeadow hay cordgrass, seashore saltgrass, and railroad vine, and grown from stock indigenous to the region in which the project is located. (k) All topographic restoration and revegetation work is subject to approval by the Department, and the status of restoration shall be reported as part of the final certification of the actual work performed. (l) If not specifically authorized elsewhere in the permit, no operation, transportation, or storage of equipment or materials is authorized seaward of the dune crest or rigid coastal structure during the marine turtle nesting season. The marine turtle nesting season is May 1 through October 31 in all counties except Brevard, Indian River, St. Lucie, Martin, Palm Beach, and Broward counties where leatherback turtle nesting occurs during the period of March 1 through October 31. (m) If not specifically authorized elsewhere in the permit, no temporary lighting of the construction area is authorized at any time during the marine turtle nesting season and no additional permanent exterior lighting is authorized. (n) All non-opaque walls, balcony railings, deck railings, windows and doors visible from any point on the beach must be tinted to a transmittance value (light transmission from inside to outside) of 45 percent or less through the use of tinted glass or window film. (o) The permit has been issued to a specified property owner and is not valid for any other person unless formally transferred. An applicant requesting transfer of the permit shall sign the permit transfer agreement form, agreeing to comply with all terms and conditions of the permit, and return it to the Department. The transfer request shall be provided on the form entitled “Permit Transfer Agreement” – DEP Form 73-103 (Revised 1/04), which is hereby adopted and incorporated by reference. No work shall proceed under the permit until the new owner has received a copy of the transfer agreement approved by the Department. A copy of the transfer agreement shall be displayed on the construction site along with the permit. An expired permit shall not be transferred. Copies of the “Permit Transfer Agreement” form are available at the following website: https://floridadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl- Page 104 PERMITTEE: 3711 Ocean South-3, LLC PERMIT NUMBER: PB-1426 PAGE 5 forms. (p) The permittee shall immediately inform the Department of any change of mailing address of the permittee and any authorized agent until all requirements of the permit are met. (q) For permits involving habitable major structures, all construction on the permitted structure shall stop when the foundation pilings have been installed. At that time the foundation location form shall be submitted to and accepted by the Department prior to proceeding with further vertical construction above the foundation. The form shall be signed by a professional surveyor, licensed pursuant to chapter 472, F.S., and shall be based upon such surveys performed in accordance with chapter 472, F.S., as are necessary to determine the actual configuration and dimensioned relationship of the installed pilings to the control line. The information shall be provided to the Department using the form entitled “Foundation Location Certification” – DEP Form 73-114B (Revised 9/05), which is hereby adopted and incorporated by reference. Phasing of foundation certifications is acceptable. The Department shall notify the permittee of approval or rejection of the form within seven (7) working days after staff receipt of the form. All survey information upon which the form is based shall be made available to the Department upon request. Permits for repairs or additions to existing structures with nonconforming foundations are exempt from this condition. (r) For permits involving major structures and exterior lighting on major structures, the permittee shall provide the Department with a report by a registered professional within 30 days following completion of the work. For permits involving armoring or other rigid coastal structures, the permittee shall provide the Department with a report by an engineer licensed in the State of Florida within 30 days following completion of the work. The report shall state that all locations specified by the permit have been verified and that other construction and activities authorized by the permit, including exterior lighting, have been performed in compliance with the plans and project description approved as a part of the permit and all conditions of the permit; or shall describe any deviations from the approved plans, project description, or permit conditions, and any work not performed. Such report shall not relieve the permittee of the provisions of paragraph 62B- 33.0155(1)(a), F.A.C. If none of the permitted work is performed, the permittee shall inform the Department in writing no later than 30 days following expiration of the permit. The report shall be provided on the form entitled “Final Certification” DEP Form 73-115B (Revised 9/05), which is hereby adopted and incorporated by reference. Copies of the “Final Certification” form are available at the following website: https://floridadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl- forms. (s) Authorization for construction of armoring or other rigid coastal structures is based on an engineering review and assessment of the design and anticipated performance and impact of the structure as a complete unit. Construction of any less than the complete structure as approved by the Department is not authorized and shall result in the assessment of an administrative fine and the issuance of an order to remove the partially constructed structure. Modifications to the project size, location, or structural design shall be authorized by the Department in accordance with rule 62B-33.013, F.A.C. (2) The permittee shall not commence any excavation, construction, or other physical activity on or encroaching on the sovereignty land of Florida seaward of the mean high water line or, if established, the erosion control line until the permittee has received from the Board of Trustees of the Internal Improvement Trust Fund the required lease, license, easement, or other form of consent authorizing the proposed use. (3) The permittee shall obtain any applicable licenses or permits required by Federal, state, county, or municipal law. (4) This permit does not authorize trespass onto other property. (5) In the event of a conflict between a general permit condition and a special permit condition, the special permit condition shall prevail. (6) Copies of any forms referenced above can be obtained by contacting the Department of Environmental Protection, 2600 Blair Stone Road, MS 3522, Tallahassee, Florida 32399-2400, at https://floridadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl- forms or by telephoning (850) 245-2094. Page 105 PERMITTEE: 3711 Ocean South-3, LLC PERMIT NUMBER: PB-1426 PAGE 6 Approved plans are incorporated into this permit by reference. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application. Petition for Administrative Hearing A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency’s file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 21days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. Page 106 PERMITTEE: 3711 Ocean South-3, LLC PERMIT NUMBER: PB-1426 PAGE 7 Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of the Department. EXECUTION AND CLERKING Executed in Tallahassee, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Celora Douse Jackson, Environmental Administrator Coastal Construction Control Line Program Office of Resilience and Coastal Protection CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document and all attachments were sent on the filing date below to the following listed persons: Mark A. Powell, P.E., Agent, mpowell@coastal-engineers.com Jeff Remas, Town of Highland Beach Building Official, bco@highlandbeach.us David Kieckbusch, Field Inspector, david.kieckbusch@floridadep.gov FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. 11/10/2022 Clerk Date is hereby acknowledged. Clerk Page 107 x 17.66x 17.51Digitally signed by Mark Hunley Date: 2022.09.07 15:22:55 -04'00'RECEIVEDSeptember 14, 2022p,OFFICE OF RESILIENCEAND COASTAL PROTECTIONCOASTAL PROPB-1426OTECTIOTEC2626APPROVED PLAN AS PERMITTEDBY THE OFFICE OF RESILIENCE AND COASTAL PROTECTIONFLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIONAPPROVED CONSTRUCTION AND ANY OTHER AUTHORIZED ACTIVITIES MUSTCOMPLY WITH ALL CONDITIONS OF THE PERMIT. CONSTRUCTION ANDACTIVITIES ARE STRICTLY LIMITED TO THOSE BOTH SHOWN ON THE APPROVEDPLANS AND LISTED IN THE PROJECT DESCRIPTION. THIS PERMIT IS ISSUEDPURSUANT TO CH. 161, F.S. AND OTHER PERMITS MAY BE REQUIRED.________________________\_____________Reviewed by DateNovember 10, 2022Page 108 Digitally signed by Mark Hunley Date: 2022.08.19 10:52:55 -04'00'RECEIVEDAugust 23, 2022g,OFFICE OF RESILIENCEAND COASTAL PROTECTIONCOASTAL PROTECTIOPB-1426APPROVED PLAN AS PERMITTEDBY THE OFFICE OF RESILIENCE AND COASTAL PROTECTIONFLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIONAPPROVED CONSTRUCTION AND ANY OTHER AUTHORIZED ACTIVITIES MUSTCOMPLY WITH ALL CONDITIONS OF THE PERMIT. CONSTRUCTION ANDACTIVITIES ARE STRICTLY LIMITED TO THOSE BOTH SHOWN ON THE APPROVEDPLANS AND LISTED IN THE PROJECT DESCRIPTION. THIS PERMIT IS ISSUEDPURSUANT TO CH. 161, F.S. AND OTHER PERMITS MAY BE REQUIRED.________________________\_____________Reviewed by DateNovember 10, 2022DEPARTMENT OF ENVIRONMENTAL PROTECTIONAPPROVED LIGHTING PLANThis approval is limited to the exterior lights depicted on the stamped plans. This approval does not relieve the applicant of the responsibility to obtain any other approvals or permits which may be required by Federal, State, County or Municipal law.______________\___________ Reviewed by Date November 10, 2022Page 109 Digitally signed by Mark Hunley Date: 2022.08.19 10:53:03 -04'00'RECEIVEDAugust 23, 2022g,OFFICE OF RESILIENCEAND COASTAL PROTECTIONCOASTAL PROTECTIOPB-1426APPROVED PLAN AS PERMITTEDBY THE OFFICE OF RESILIENCE AND COASTAL PROTECTIONFLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIONAPPROVED CONSTRUCTION AND ANY OTHER AUTHORIZED ACTIVITIES MUSTCOMPLY WITH ALL CONDITIONS OF THE PERMIT. CONSTRUCTION ANDACTIVITIES ARE STRICTLY LIMITED TO THOSE BOTH SHOWN ON THE APPROVEDPLANS AND LISTED IN THE PROJECT DESCRIPTION. THIS PERMIT IS ISSUEDPURSUANT TO CH. 161, F.S. AND OTHER PERMITS MAY BE REQUIRED.________________________\_____________Reviewed by DateNovember 10, 2022DEPARTMENT OF ENVIRONMENTAL PROTECTIONAPPROVED LIGHTING PLANThis approval is limited to the exterior lights depicted on the stamped plans. This approval does not relieve the applicant of the responsibility to obtain any other approvals or permits which may be required by Federal, State, County or Municipal law.______________\___________ Reviewed by Date November 10, 2022Page 110 Digitally signed by Mark Hunley Date: 2022.08.19 10:53:11 -04'00'RECEIVEDAugust 23, 2022g,OFFICE OF RESILIENCEAND COASTAL PROTECTIONCOASTAL PROTECTIOPB-1426APPROVED PLAN AS PERMITTEDBY THE OFFICE OF RESILIENCE AND COASTAL PROTECTIONFLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIONAPPROVED CONSTRUCTION AND ANY OTHER AUTHORIZED ACTIVITIES MUSTCOMPLY WITH ALL CONDITIONS OF THE PERMIT. CONSTRUCTION ANDACTIVITIES ARE STRICTLY LIMITED TO THOSE BOTH SHOWN ON THE APPROVEDPLANS AND LISTED IN THE PROJECT DESCRIPTION. THIS PERMIT IS ISSUEDPURSUANT TO CH. 161, F.S. AND OTHER PERMITS MAY BE REQUIRED.________________________\_____________Reviewed by DateNovember 10, 2022DEPARTMENT OF ENVIRONMENTAL PROTECTIONAPPROVED LIGHTING PLANThis approval is limited to the exterior lights depicted on the stamped plans. This approval does not relieve the applicant of the responsibility to obtain any other approvals or permits which may be required by Federal, State, County or Municipal law.______________\___________ Reviewed by Date November 10, 2022Page 111 Digitally signed by Mark Hunley Date: 2022.08.19 10:53:19 -04'00'RECEIVEDAugust 23, 2022g,OFFICE OF RESILIENCEAND COASTAL PROTECTIONCOASTAL PROTECTIOPB-1426APPROVED PLAN AS PERMITTEDBY THE OFFICE OF RESILIENCE AND COASTAL PROTECTIONFLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIONAPPROVED CONSTRUCTION AND ANY OTHER AUTHORIZED ACTIVITIES MUSTCOMPLY WITH ALL CONDITIONS OF THE PERMIT. CONSTRUCTION ANDACTIVITIES ARE STRICTLY LIMITED TO THOSE BOTH SHOWN ON THE APPROVEDPLANS AND LISTED IN THE PROJECT DESCRIPTION. THIS PERMIT IS ISSUEDPURSUANT TO CH. 161, F.S. AND OTHER PERMITS MAY BE REQUIRED.________________________\_____________Reviewed by DateNovember 10, 2022Page 112 Digitally signed by Mark Hunley Date: 2022.08.19 10:53:27 -04'00'RECEIVEDAugust 23, 2022g,OFFICE OF RESILIENCEAND COASTAL PROTECTIONCOASTAL PROTECTIOPB-1426APPROVED PLAN AS PERMITTEDBY THE OFFICE OF RESILIENCE AND COASTAL PROTECTIONFLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIONAPPROVED CONSTRUCTION AND ANY OTHER AUTHORIZED ACTIVITIES MUSTCOMPLY WITH ALL CONDITIONS OF THE PERMIT. CONSTRUCTION ANDACTIVITIES ARE STRICTLY LIMITED TO THOSE BOTH SHOWN ON THE APPROVEDPLANS AND LISTED IN THE PROJECT DESCRIPTION. THIS PERMIT IS ISSUEDPURSUANT TO CH. 161, F.S. AND OTHER PERMITS MAY BE REQUIRED.________________________\_____________Reviewed by DateNovember 10, 2022Page 113 3521 STATE ROAD A-1-A43.7540.1698.16'N 89 28' 19"E 290 +/-S 01 18'33"W 59.98'N 00 58'48"E 60.00NORTH 120 FEET158.3N 04 15'49"E 60.21'N 89 28' 19"E 297.342"E 1632.80'LEGENDCIVIL PLANS FOR:PROPOSED RESIDENCE3521 S. OCEAN BLVDHIGHLAND BEACH, FLORIDAFlorida PE # 87358Andre M. Webster, P.E.www.cec-fl.comandre@cec-fl.comNo: Revisions: Date:Phone: 561-847-03988195 WHITE ROCK CIRCLEBOYNTON BEACH, FL 33436CERTIFICATE OF AUTHORIZATION #33369Project #:22-074Issue Date: 08/09/22Drawn By: AMWChkd By: AMWScale: As ShownEW-1CUT/FILL PLANNEARTHWORK PLANEARTHWORK ESTIMATE FOR EXCAVATION & FILLEASTWARD OF CCCL FOR NEW PROJECT PLANSAndre M WebsterDigitally signed by Andre M Webster Date: 2022.08.18 10:28:14 -04'00'RECEIVEDAugust 23, 2022g,OFFICE OF RESILIENCEAND COASTAL PROTECTIONCOASTAL PROTECTIOPB-1426APPROVED PLAN AS PERMITTEDBY THE OFFICE OF RESILIENCE AND COASTAL PROTECTIONFLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIONAPPROVED CONSTRUCTION AND ANY OTHER AUTHORIZED ACTIVITIES MUSTCOMPLY WITH ALL CONDITIONS OF THE PERMIT. CONSTRUCTION ANDACTIVITIES ARE STRICTLY LIMITED TO THOSE BOTH SHOWN ON THE APPROVEDPLANS AND LISTED IN THE PROJECT DESCRIPTION. THIS PERMIT IS ISSUEDPURSUANT TO CH. 161, F.S. AND OTHER PERMITS MAY BE REQUIRED.________________________\_____________Reviewed by DateNovember 10, 2022Page 114 Michael FlaughDigitally signed by Michael Flaugh Date: 2021.08.18 09:30:15 -04'00'RECEIVEDAugust 23, 2022gg,OFFICE OF RESILIENCEAND COASTAL PROTECTIONTECTIOOASTAL PROTCPB-1426APPROVED PLAN AS PERMITTEDBY THE OFFICE OF RESILIENCE AND COASTAL PROTECTIONFLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIONAPPROVED CONSTRUCTION AND ANY OTHER AUTHORIZED ACTIVITIES MUSTCOMPLY WITH ALL CONDITIONS OF THE PERMIT. CONSTRUCTION ANDACTIVITIES ARE STRICTLY LIMITED TO THOSE BOTH SHOWN ON THE APPROVEDPLANS AND LISTED IN THE PROJECT DESCRIPTION. THIS PERMIT IS ISSUEDPURSUANT TO CH. 161, F.S. AND OTHER PERMITS MAY BE REQUIRED.________________________\_____________Reviewed by DateNovember 10, 2022Page 115 Michael FlaughDigitally signed by Michael Flaugh Date: 2021.08.18 09:30:53 -04'00'RECEIVEDAugust 23, 2022g,OFFICE OF RESILIENCEAND COASTAL PROTECTIONCTIOASTAL PROTECCOAPB-1426APPROVED PLAN AS PERMITTEDBY THE OFFICE OF RESILIENCE AND COASTAL PROTECTIONFLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIONAPPROVED CONSTRUCTION AND ANY OTHER AUTHORIZED ACTIVITIES MUSTCOMPLY WITH ALL CONDITIONS OF THE PERMIT. CONSTRUCTION ANDACTIVITIES ARE STRICTLY LIMITED TO THOSE BOTH SHOWN ON THE APPROVEDPLANS AND LISTED IN THE PROJECT DESCRIPTION. THIS PERMIT IS ISSUEDPURSUANT TO CH. 161, F.S. AND OTHER PERMITS MAY BE REQUIRED.________________________\_____________Reviewed by DateNovember 10, 2022Page 116 Michael FlaughDigitally signed by Michael Flaugh Date: 2021.08.18 09:31:32 -04'00'RECEIVEDAugust 23, 2022g,OFFICE OF RESILIENCEAND COASTAL PROTECTIONL PROTECTIOCOASTALPB-1426Page 117 $$ RECEIVED August 23, 2022g, OFFICE OF RESILIENCE AND COASTAL PROTECTIONCOASTAL PROTECTIO PB-1426 DEPARTMENT OF ENVIRONMENTAL PROTECTION APPROVED LIGHTING PLAN This approval is limited to the exterior lights depicted on the stamped plans. This approval does not relieve the applicant of the responsibility to obtain any other approvals or permits which may be required by Federal, State, County or Municipal law. ______________\___________ Reviewed by Date November 10, 2022 Page 118 %%RECEIVED August 23, 2022g, OFFICE OF RESILIENCE AND COASTAL PROTECTIONCOASTAL PROTECTIO PB-1426 DEPARTMENT OF ENVIRONMENTAL PROTECTION APPROVED LIGHTING PLAN This approval is limited to the exterior lights depicted on the stamped plans. This approval does not relieve the applicant of the responsibility to obtain any other approvals or permits which may be required by Federal, State, County or Municipal law. ______________\___________ Reviewed by Date November 10, 2022 Page 119 && RECEIVED August 23, 2022g, OFFICE OF RESILIENCE AND COASTAL PROTECTIONCOASTAL PROTECTIO PB-1426 DEPARTMENT OF ENVIRONMENTAL PROTECTION APPROVED LIGHTING PLAN This approval is limited to the exterior lights depicted on the stamped plans. This approval does not relieve the applicant of the responsibility to obtain any other approvals or permits which may be required by Federal, State, County or Municipal law. ______________\___________ Reviewed by Date November 10, 2022 Page 120 RECEIVED August 23, 2022g, OFFICE OF RESILIENCE AND COASTAL PROTECTIONOCOASTAL PROTECTIO PB-1426 DEPARTMENT OF ENVIRONMENTAL PROTECTION APPROVED LIGHTING PLAN This approval is limited to the exterior lights depicted on the stamped plans. This approval does not relieve the applicant of the responsibility to obtain any other approvals or permits which may be required by Federal, State, County or Municipal law. ______________\___________ Reviewed by Date November 10, 2022 Page 121 Page 122 Page 123 Page 124 Page 125 Page 126 Page 127 Page 128 Page 129 Page 130 Page 131 Page 132 Page 133 Page 134 Page 135 Page 136 Page 137 Page 138 Page 139 Page 140 Page 141 PUBLIC NOTICE APPLICATION NO. 22-0017 500 Ft Public Notification Boundary June 21, 2023 Dear Property Owner: This is to notify you that the PLANNING BOARD of the Town of Highland Beach will conduct a public hearing on Thursday, July 13, 2023 at 9:30 AM in the Community Room of the Town Library located at 3618 South Ocean Boulevard, Highland Beach, Florida to consider the following application. APPLICATION BY MARK HUNLEY, CHARETTE INTERNATIONAL ARCHITECTURE, REQUESTING SITE PLAN APPROVAL FOR A NEW THREE- STORY, 3,997 SQUARE FOOT SINGLE FAMILY RESIDENCE LOCATED AT 3521 SOUTH OCEAN BOULEVARD. 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. 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 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) 637-2012. TOWN OF HIGHLAND BEACH, BUILDING DEPARTMENT Page 142 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 Jul 03, 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: July 03, 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: jdehart@highlandbeach.us 7452005 SUN-SENTINEL Page 143 Order # - 7452005 SUN-SENTINEL Page 144 File Attachments for Item: A. Ongoing discussion of proposed changes (“amendment concepts”) to the Accessory Marine Facility (AMF) and seawall regulations of the Town Code Page 145 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Planning Board (“Board”) Meeting MEETING DATE July 13, 2023 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: Ongoing discussion of proposed changes (“amendment concepts”) to the Accessory Marine Facility (AMF) and seawall regulations of the Town Code SUMMARY: At the June 6, 2023 Town Commission meeting, an update was provided to the Commission on the Board’s ongoing discussion of the amendment concepts. The Town Commission provided the following commentary, which was related to the Board at their June 8, 2023 Board meeting (it was suggested to the Board that they watch the June 6 th Commission meeting which is available on the Town’s website): - Consider that the redevelopment of certain parcels in the Residential Multiple Family Low Density (RML) zoning district may not allow the same number of units to be rebuilt due to maximum density requirements of the Town Code. For example, an existing structure with three (3) units may only allow one (1) unit if redeveloped (depending on the lot size and the maximum density requirement). That said, such a property would be exempt from the current accessory marine side yard setback given the RML zoning designation, and whereby a single family residence (one dwelling unit) located within a single family zoning district is required per Town Code to provide an accessory marine side setback of 25 feet (which may vary depending on lot width). - Consider that if the proposed accessory marine side setback is approved (10 feet for all zoning districts with some variation depending on lot width), this could limit the length of a newly installed dock in the RML zoning district whereby not every owner in a triplex, for example, may be able to install a boat lift or possibly accommodate the mooring of more than one boat. - Consider a compromise, if needed to build consensus, for the proposed side setback of 10 feet. For example, is a 15 foot or 20 foot accessory marine side setback more applicable. - Treat canals differently and accommodate different areas - its not a one size fits all situation. - No bump outs into the Intracoastal Waterway (ICW) for those properties with property lines located in the ICW and beyond existing docks. - Consider king tides when contemplating a maximum seawall height. The Board indicated that they wish to discuss the following items at the July 13, 2023 Board meeting: - Height of seawall Page 146 - Mooring setback - Ladder(s) on docks or seawalls For reference purposes, the Board’s previous discussion s on the amendment concepts are provided in the tables below: May 11, 2023 AMENDMENT CONCEPT BOARD DISCUSSION (staff response in italics) NA Consider mooring setback to address moored boats extending beyond individual property lines. 10 foot side setback for all zoning districts. For lots < 100 feet in width, setback is 10% of width; however, setback cannot be less than 5 feet. -Maintain current accessory marine facility setbacks for those single-family properties located within Byrd Beach (if majority of residents agree). -What was the intent for the proposed change to the accessory marine facility setback? The previous Vice-Mayor, Greg Babij, was authorized by the Town Commission to sponsor a review and propose any amendments to the current accessory marine facility regulations. Mr. Babij prepared a draft report on the proposed amendment concepts which was provided to the Town Commission at their March 15, 2022 Commission meeting (draft report provided to Board). Requesting additional Board site visit on the Town’s marine patrol vessel to assess existing docks in multifamily zoning districts and how they may be impacted by the proposed amendment concept. The Town Manager, Marshall Labadie, has agreed to such request. Staff will be coordinating site visits with members of the Board. April 13, 2023 AMENDMENT CONCEPT BOARD DISCUSSION (staff response in italics) Maximum height for AMF = BFE plus 7 feet. There should be limit, look to Board member Brown for input. Require a ladder for every 50 feet of dock. Reasonable for health and safety. Consider requirement not just for docks but include seawalls. Location of ladder should not interfere with the docking or mooring of vessel. 10-foot side setback for all zoning districts. For lots < 100 feet in width, setback is 10% of width; however, setback cannot be less than 5 ft. Agree to apply setback for multifamily zoning districts as proposed. NA Floating docks should be part of the amendment (Note that according to Section 30-68(h)(6) of the Town Code, floating docks are subject to conformance will all zoning requirements). Town Attorney, Len Rubin, indicated that there may be some leeway in regulating setbacks for “floating vessel platforms” and “floating boat lifts” for which Florida Statutes currently provides an exemption. Page 147 Mr. Rubin will update the Board on this matter at the May 11th meeting. Maximum seawall height Expert to testify. Staff has reached out to the Town’s marine expert, ATM, and will advise the Board on their availability to appear at a Board meeting. Encroachment into water at 25 feet or 25% of waterway width, whichever is less (measured from the shortest distance adjacent to the property line) Measure from closest landward position (to accommodate PL in the water). Apply 25 feet or 25% encroachment to canals and lakes only exclude Intracoastal W aterway. March 9, 2023 AMENDMENT CONCEPT BOARD DISCUSSION Maximum height for AMF = BFE plus 7 feet Maybe the proposed “7 feet” is not high enough but there should be a limit. Require a ladder for every 50 feet of dock Require ladders on seawall and docks and consider adjustable ladders whereby the length of the ladder needs to be in the water at low mean tide. 10-foot side setback for all zoning districts. For lots < 100 feet in width, setback is 10% of width; however, setback cannot be less than 5 ft. 10-foot setback for Multi-Family Zoning Districts needs more discussion. Consider setback for mooring of boats. ATTACHMENTS: - Proposed amendment concepts list - Draft report from previous Vice-Mayor Greg Babij (presented to the Town Commission on March 15, 2022) - ATM report (dated 2-11-2022) RECOMMENDATION: At the discretion of the Board. Page 148 PROPOSED AMENDMENT CONCEPTS • Maximum height for Accessory Marine Facili�es = Base Flood Eleva�on (BFE) plus 7 feet. • Exempt personal watercra� (PWC) li�s from the requirement that “in no case shall the li� be higher than the superstructure of the boat when li�ed” OR remove requirement. • Maximum seawall cap width = 3 feet; maximum seawall cap plus dock width = 8 feet. • Encroachment into water at 25 feet or 25% of waterway width, whichever is less (measured from the shortest distance adjacent to property line). • 10 foot side setback for all zoning districts. For lots < 100 feet in width, setback is 10% of width; however, setback cannot be less than 5 feet. • Require a ladder for every 50 feet of dock. ADDITIONAL CONCEPT: • Maximum seawall height Page 149 DRAFT Proposed Revisions to Marine Accessory Ordinances Abstract: The existing marine accessory ordinances lack some detail and it is recommended they are enhanced to provide clarity on topics that have been a source of ambiguity and contention. Items like maximum allowable height of marine accessories, ambiguity around jetski lifts vs. boat lifts, and the process of dealing with marine accessories in where there is a discontinuity in the waterway (i.e corner lots, end of canals) have all been points of contention between residents and the Building Department, due to lack of detail. Additionally, this is an opportune time to consider revising certain other components of the current ordinances to address anticipated future conflicts or in some cases better conform with code used by surrounding towns. While reviewing the recommended changes, it may be beneficial to envision the concept of a 3- dimensional box that sits on the rear property line of any waterfront lot. Marine accessories must completely fit within the box to be permissible. Otherwise, they would be required to go through the process of obtaining a variance. Summary of Recommendations 1)Define a Maximum Allowable Height of Marine Accessories: Recommended Maximum Height: Base Flood Elevation plus 7 feet. There have been multiple debates around what is an acceptable height of boat lifts. The current codes only state that a boat lift shall not be higher than the superstructure of the boat when lifted, but is silent on how high up in the air the combined boat lift and boat can be. This leaves open the potential for installing boatlifts on top of excessively high pilings, as long as the boat lift is fully retracted so the boat will be higher than the lift itself. It is recommended that the “height” of the 3 dimensional box behind any waterfront property be Base Flood Elevation plus 7 feet. Referencing Base Flood Elevation allows the ordinance to be dynamic with sea level rise, as it is a reference datum that has been occasionally revised higher by the US Government in conjunction with the sea level. Pilings, and also the boat lift components must not be higher than this recommended maximum allowable height. 2)Amend existing language related to Jetski (Personal Watercraft) Lifts The current codes are excessively onerous for jetski lifts, relative to boat lifts. As Section 30-131 is written, the bottom of the keel of any boat shall not be hoisted greater than one foot above the minimum seawall elevation, and in no case shall the lift be higher than the superstructure of the boat when lifted. Page 150 Because of the low vertical profile of a jetski (3 feet) relative to the vertical profile of a boat lift (7 feet), a boat lift can be installed to hold a boat, but the very same boat lift would not be permissible if it is used to instead lift a jetski. It is recommended the current code be amended by either by removing the section that states in no case shall the lift be higher than the superstructure of the boat when lifted, or simply exempt jet skis (personal watercraft) from this code. 3)Define a maximum width of a seawall cap and also a maximum width of a dock out into the water. Recommended maximum new seawall cap width of 3 feet as measured from the property line Recommended maximum dock plus seawall cap width of 8 feet as measured from the property line As properties are redeveloped and seawalls are replaced, there exists the potential for residents to look to “extend” their effective usable property out into the water by building a new seawall outside of the existing seawall. There is also the potential for properties to get extended by pouring excessively wide seawall caps on top of new seawalls and building excessively wide docks. By limiting the maximum seawall cap width from the property line, and also the maximum distance the seawall cap plus dock can extend from the property line, the risk of one property owner effectively creating their own peninsula is minimized. It is recommended that the waterside edge of any new seawall cap be limited to 3 feet from the property line, whether it is on top of a new wall, or is a cap raise on top of an existing wall. Additionally, it is recommended that any new dock built is limited to a maximum distance of 8 feet out into the water as measured from the property line. This would allow for the outer edge of neighboring docks to all be limited to the same distance from the property line regardless of seawall cap size. For example, if a property has a 2 foot wide seawall cap, then that property would be allowed to have a 6 foot wide dock, and meet the maximum combined width of 8 feet. While if a neighboring property has a 3 foot wide seawall cap, they would be limited to a dock width of 5 feet. Lastly it is recommended that language be added into the code to limit the installation of no more than 1 new seawall outside of the original property seawall that abuts the property line. This eliminates the risk that new seawalls are repeatedly installed on the waters edge side of existing seawalls, which would effectively create a man-made peninsula. 4) Define a Maximum Distance that Marine Accessories can Extend into the Water Recommended Maximum Distance: The lesser of 25 feet from the property line or 25% of the waterway width. This recommendation can be thought of as the perpendicular edge of the 3 dimensional box, as measured from the property line straight out into the water. The town codes [Sec. 30-68(g)(6)a and b] simply defer to the Army Core of Engineers for approval of distance into water. It is recommended that the maximum distance be limited to the lesser of 25 feet or Page 151 25% of the width of the canal or waterway. Additionally, this distance will be measured from the shortest distance between the two properties in question. This maximum distance of 25 feet is not an arbitrary value. It was chosen to allow residents to mix and match combinations of seawall cap widths, dock widths and boat lift widths of reasonable size without having to obtain a variance. The chart below shows the various widths of boatlifts ranging from small boats to very large boats. For illustration, a typical 40 ft powerboat may weigh 30,000 to 40,000 lbs., and that lift is 16 ft wide (center to center) which is 17 ft wide when measured to the outsides of all pilings. This very standard lift size could be installed at any home that has also conformed to the recommended seawall cap and dock widths, and stay at the 25 ft maximum distance: 3 ft seawall cap + 5 foot dock + 17 foot boatlift = 25 ft. On the larger end of the spectrum, a 120,000 lb boatlift could hold about the largest size boat an owner would probably want to be able to lift behind a residential property. That boatlift is 22 ft wide center to center, which would be 23 feet wide to the outsides of the pilings. This “mega lift” could still fit in a back yard, but it would have to be right up against a seawall cap, as there is no room for a dock. Early seawall caps were 2 feet wide, and newer caps are 2.5 feet to 3 feet wide. Also note this lift could be installed at a property that has a 3 foot new cap, by notching out 1 foot where the inside pilings are installed. And again this is an extreme outlier example. A much more typical boat lift for very large boats would be a 50,000 or 60,000 or even possibly an 80,000 lb. lift and the widths there easily stay within the maximum 25 foot threshold with a 3 foot wide seawall cap. I am not sure Highland Beach has ever had a request to install an 80,000 or 120,000 lb. boatlift, as those are a very rare size. 5)Amend Side setbacks to utilize a smoothed definition instead of the complicated step function definition. Additionally apply the new definition to all property types. The current town codes utilize a step function where the side setbacks jump at discrete intervals. For example, if a single family zoned property is 71 feet wide, the side setbacks are 25 feet on each side. Comparatively, if a single family zoned property is 69 feet wide, the side setbacks are 15 feet on each Page 152 side. Additionally, there exists a different set of side setbacks for single family zoning vs multi-family zoning. Multi-family zoning has a zero foot setback. It is recommended that the side setbacks be a smoothed function and are less for smaller properties so as to enhance the ability to utilize the water frontage. It is also recommended that the same set of rules apply to all properties equally, regardless of zoning. Recommendations for Side setbacks: -For properties with waterline length of 100 feet or more: 10 foot side setback on either side. This setback matches surrounding towns such as Boca Raton, Hillsboro Beach, and Ocean Ridge. -For properties with waterline length of less than 100 feet: the side setbacks are proposed to be 10% of property waterline length on either side, with a minimum setback of 5 feet, on either side. Utilizing this framework, a 71 foot wide property would have side setbacks of 7.1 feet, and a 69 foot property would have side setbacks of 6.9 feet. Lastly, it is recommended that the current code clarify that with measurements will be made based on the assumption that a lot line is extended beyond said pro perty line on a line perpendicular to the seawall or bulkhead. This clarification will provide clarity when measurements are being made with properties that have lot lines that are not perpendicular to the seawall, such as pie shaped lots. 6) Require a Ladder for every 50 feet of dock. This is simply a requirement in most surrounding towns and our code is silent. 7)Strengthen existing language on the approval process of marine accessories in areas where there is a discontinuity in the waterway by acknowledging that they are a “special case” and external expertise will be utilized. The majority of conflicts are associated with areas where there is a discontinuity in the waterway such as an abrupt restriction in the waterway width, end of canals, or corner lots or lots that extend into a waterway. The current code is a bit nebulous around these more complicated properties, and in some cases boatlifts have previously been installed in locations where one property owner is inadvertently restricting or blocking an adjacent property owner of the ability to also install a boatlift. This situation was discussed extensively with the Marine Consultant, and in his expert opinion, no code can be written to address every possible potential scenario within the town. His recommend course of action is to treat any property that has a small water frontage (perhaps less than 50 feet) or that has a discontinuity in the waterway as “a special case.” In these special cases, the standard procedure will be to consult with a marine expert who will make recommendations to the planning board on locations and maximum permissible sizes of marine accessories, with the intention of making sure all surrounding property owners are not having their ability to also utilize the waterway restricted. The code already allows for outside experts for review of development approval requests via Sec. 30-12. The recommended code change is simply to clarify to all parties that a consultation with a marine consultant along with a consultant recommendation to the planning board will be part of the approval process in these special cases. Page 153 The planning board can then decide what will be permitted. If a resident disagrees with the planning board’s approval, and feels that their access is being restricted as a result of a marine accessory installation, they can seek remedy through the court system. Page 154 2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041 2/11/22 Ingrid Allen Town Planner Town of Highland Beach 3614 S. Ocean Boulevard Highland Beach, FL 33487 Re: Accessory Marine Facility Code Amendments Relative to Boat Lifts Town of Highland Beach Ms. Allen, This correspondence is provided as additional discussion and opinion regarding changes to Town of Highland Beach code relative to ‘Accessory Marine Structures’ and specifically boat lifts as defined within sec. 30-68 of municipal code. Items are discussed relative to potential changes to specific requirements of the current code. 1. Requirement for Accessory Marine Facilities to receive Planning Board approval The requirement that all accessory marine facilities receive planning board approval (ref. Sec. 30-68 Supplemental district regulations (g)(3)) is not a common requirement within coastal communities. Boat lifts are generally allowed with restrictions without planning board approval. Board approval is typically reserved for sites with special and unique circumstance (see item 6. below) or for variance requests from the standard provisions defined in code. The requirements for lift installation are generally defined by code in terms of limitations to the location (setback) and overall size of the structure. These limitations meet the intent to minimize impacts to adjacent properties, allow for safe navigation and minimize impacts to view. 2. Requirement of setbacks for all zoning districts Page 155 Page 2 of 3 2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041 Requirements for minimum setbacks for all zoning districts are a standard practice and are a key provision to meet the intent to minimize impacts to adjacent properties, allow for safe navigation and minimize visual impacts. The zero-foot setback for multi-family zoning within the Town’s current code is anomalous and does not provide a sufficient setback to meet the intent. Required minimum setbacks for boatlifts and docks vary considerably by jurisdiction. The nominal width of lots within a municipally are generally relevant to this provision. Areas with larger lots tend to have larger setback requirements, while areas with smaller lots have lesser setback requirements to allow for reasonable use. 3. Limits to waterway encroachment Limitations to the distance structures can encroach into a waterway are a standard practice and meet the intent to allow for safe navigation and minimize impacts to adjacent properties and views. Encroachment maximum distances on the order of 25 feet (relative to the waterway edge) are fairly common, though additional restrictions for narrow waterways are also common practice. In general, a fifty-foot effective fairway width is a common design standard for residential canals. 4. Limitations to pile maximum height Limitations to maximum pile height is not a common practice but does meet the intent to minimize impacts to view. This approach also addresses a related issue relative to overall vessel size. Limitations to pile height restrict the ability to lift vessels beyond a certain size which addressed both issues of view and waterway navigability. In terms of maximum height, it should be defined relative to a fixed vertical datum. Pile heights generally on the order of 12 feet (NAVD 88) (which equates to something on the order of 8 feet above dock height) meet the lifting requirements for most vessels. 5. Limits to seawall cap and dock width Limitations to Sewall cap and dock total width meets the intent to limit impacts to adjacent properties, waterway navigability and view. A total width of 8 feet (inclusive of the seawall cap and dock) is consistent with general practice. Page 156 Page 3 of 3 2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041 6. Special and unique circumstances - Sewall discontinuities and corner lots Regulation of boat lifts through minimum setbacks, size and height limitations are generally sufficient to meet the intent to minimize impacts to adjacent properties, allow for safe navigation and minimize impacts to view for waterways that are generally unform in dimension adjacent to the regulated property. The majority of conflicts are associated with areas where there is a discontinuity in the waterway such as an abrupt restriction in the waterway width, corner lots or lots that extend into a waterway. Application of uniform code provisions to address these areas are problematic as each circumstance is unique and requires consideration of the specific current and intended use and access to the waterway. These issues are further complicated by the range of boat types, sizes and performance characteristics which may be germane to both the use and potential for impact to adjacent properties. Such instances likely warrant further consideration by the Planning Board. Sincerely, Applied Technology & Management, Inc. Michael G. Jenkins, Ph.D., P.E. Coastal Engineering Principal Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. Michael G Jenkins Digitally signed by Michael G Jenkins Date: 2022.02.24 09:00:36 -05'00' Page 157