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Land Development and Planning Project Files_4229 Tranquility Dr._20230921_22-0015TRANSMITTAL FORM REPORT OF REVIEW & ACTION BY PLANNING BOARD Transmit to: Town Planner Ingrid Allen Building Department Date: September 21, 2023 Applicant/Owner: John Dykinga Property Address: 4229 Tranquility Drive, Highland Beach, FL 33487 Property Control Number: 24-43-47-04-02-004-0050 Application No. 22-0015 Preliminary Review: Final Review: special exception request to install a 100 square foot dock and a 24,000 pound capacity boat lift. Amended Site Plan Review Other AT THE SEPTEMBER 21, 2023, MEETING, THE PLANNING BOARD REVIEWED THE ABOVE MATTER PURSUANT TO CHAPTER 30 OF THE TOWN CODE OF ORDINANCES, AND HEREBY CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN: Denied Approved Approved with Modifications (as noted) Other: PLEASE TAKE WHATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, I.E., ISSUE PERMIT, TRANSMIT TO TOWN COMMISSION, RETURN TO APPLICANT, ETC. IF THE ABOVE PLANS WERE DENIED OR APPROVED WITH MODIFICATIONS, PLEASE NOTE THE BOARD’S FINDINGS: MOTION: Adwar/DeMoss – Moved to approve ( Development Order No. 22-0015). Based upon a roll call: Member Adwar (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. CLERK’S OFFICE USE ONLY: Transmitted to the Building Department: 09/21/2023 REVIEW GIVEN TO SUBJECT PROPERTY PLANNING BOARD STAFF REPORT MEETING OF: SEPTEMBER 21, 2023 TO: PLANNING BOARD FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY JOHN DYKINGA, OCEAN ONE MARINE, INC, FOR A SPECIAL EXCEPTION REQUEST TO INSTALL A 100 SQUARE FOOT DOCK, AND A 24,000 POUND CAPACITY BOAT LIFT FOR THE PROPERTY LOCATED AT 4229 TRANQUILITY DRIVE. (DO# 22-0015). Applicant (Property Owner): Michael Duggan 4229 Tranquility Drive Highland Beach, FL 33487 Applicant’s Agent: John Dykinga Ocean One Marine, Inc. 1330 S. Killian Drive, #2 West Palm Beach, Fl. 33403 Property Characteristics: Comprehensive Plan Land Use: Single Family Zoning District: Residential Single Family (RS) Site Location: 4229 Tranquility Drive Parcel PCN#: 24-43-47-04-02-005-0170 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 Request and Analysis: The Applicant is proposing to install a new 100 square foot marginal dock, and a 4-post 24,000 pound capacity boat lift. The site currently contains a dock (approximately 200 square feet) which will be removed. The Applicant has obtained Florida Department of Environmental Protection (FDEP) authorization for the proposed dock and boat lift. The letter provided by FDEP (dated January 19, 2023) indicates that a separate permit or authorization will not be required from the U.S. Army Corps of Engineers (ACOE). The corresponding FDEP file number is provided in the table below. Note that on the plans submitted to FDEP by the Applicant, the location of new steps along the seawall are proposed 10 feet from the side property lines while the location of such steps proposed on the plans submitted to the Town, are at 19 feet from the side property lines. While such proposed steps are not considered an accessory marine facility as described in Section 30-68(g) of the Town Code and do not require Planning Board approval , it is worth noting that correspondence from FDEP (attached) indicates that such change in the location of the steps is acceptable and does not require a reverification from FDEP. PROPOSED ACTIVITY FDEP (FILE NO.) Dock and boat lift 50-0409808-003-EE Section 30-67(b) of the Town Code indicates that such proposed accessory marine facilities require Special Exception approval by the Planning Board. Section 30-36(a) of the Town code states that the Planning Board may approve, approve with conditions, or deny a request for special exception relating to accessory marine facilities. If the Planning Board approves the request, the Applicant will be required to obtain a building permit from the Town of Highland Beach Building Department following such approval and prior to initiation of construction. Pursuant to Section 30-21(g) of the Town Code, commencement of construction shall be initiated within two (2) years following the date of approval by the Planning Board. Staff has reviewed the Applicant’s proposed request including plans date stamped received by the Building Department on August 28. 2023 and finds that the project is consistent with the Zoning Code (Chapter 30). Should you have any questions, please feel free to contact me at (561) 637-2012 or iallen@highlandbeach.us Attachments: Application Aerials FDEP email correspondence and authorization letter Applicant Plans (11X17) Page 10 Page 11 Page 12 422 9 Tran qu ili ty Dri ve Palm Be ach Cou ntyNone Sep temb er 6, 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 13 4229 Tranquility Drive01/09/2023SUBJECT PROPERTYPage 14 From:Miles, Michelle To:Ingrid Allen Subject:RE: File No. 50-0409808-003-EE: 4229 Tranquility Drive, Highland Beach Date:Thursday, August 17, 2023 10:42:28 AM Attachments:image002.png Exemption Dug 003.pdf Ingrid, Here is the official Exemption letter from the department. I believe that on our stamped plans it was also approved for 25 ft. from the neighboring property. The site is not on State Submerged Lands so it does not have to meet setback criteria under 18-21.004(3)(d) and the proposed location of the lift is fine. To confirm the 19 ft. change for the location of the steps over the seawall cap is an approved change and does not require a reverification by FDEP. Sincerely, Michelle Miles OPS Environmental Specialist I Florida Department of Environmental Protection Southeast District – West Palm Beach 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 Michelle.Miles@FloridaDEP.gov From: Ingrid Allen <iallen@highlandbeach.us> Sent: Thursday, August 17, 2023 9:35 AM To: Miles, Michelle <Michelle.Miles@FloridaDEP.gov> Subject: RE: File No. 50-0409808-003-EE: 4229 Tranquility Drive, Highland Beach EXTERNAL MESSAGE This email originated outside of DEP. Please use caution when opening attachments, clicking links, or responding to this email. Ms. Miles Thank you for your quick response. Please note that in my email below, I referenced 15’9” from the south PL; however, this was an error it is 19’. Given your response below, the proposed 19’ is acceptable unless you advised me otherwise. The Applicant provided a separate letter from FDEP (dated 2-2-2022), file no. 50-0409808-002-EE, for a boat lift. The plans submitted to the Town (see attached), show the proposed location of the Page 15 boat lift at 25 feet from the south PL rather than 38 feet as reflected on the plans submitted to FDEP. If you would confirm that the 2-22-22 authorization is still valid given this change of location (Note I emailed Rebecca J. George who was listed as the contact, but I have not heard back from her). Thank you, much appreciated. Sincerely, Ingrid Allen Town Planner Town of Highland Beach 3614 S. Ocean Boulevard Highland Beach FL 33487 (561) 278-4540 Office (option 3) (561) 278-2606 Fax www.highlandbeach.us PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the Town of Highland Beach officials and employees regarding public business are public records available to the public and media upon request. Your e-mail communications may be subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. The views expressed in this message may not necessarily reflect those of the Town of Highland Beach. From: Miles, Michelle <Michelle.Miles@FloridaDEP.gov> Sent: Thursday, August 17, 2023 8:08 AM To: Ingrid Allen <iallen@highlandbeach.us> Subject: RE: File No. 50-0409808-003-EE: 4229 Tranquility Drive, Highland Beach Good morning, This would be an acceptable plan change and this would not need a reverification on our end. The activity would still be exempt from needing a permit. However, the owner needs to follow the new proposal that they have submitted to you moving forward. Please let me know if you need anything else! Sincerely, Michelle Miles OPS Environmental Specialist I Page 16 Florida Department of Environmental Protection Southeast District – West Palm Beach 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 Michelle.Miles@FloridaDEP.gov From: Ingrid Allen <iallen@highlandbeach.us> Sent: Wednesday, August 16, 2023 3:44 PM To: Miles, Michelle <Michelle.Miles@FloridaDEP.gov> Subject: File No. 50-0409808-003-EE: 4229 Tranquility Drive, Highland Beach EXTERNAL MESSAGE This email originated outside of DEP. Please use caution when opening attachments, clicking links, or responding to this email. Ms. Miles: Regarding the 1/19/23 correspondence provided by FDEP on the above-referenced file, please note that on the plans submitted to the Town, the proposed steps start at 19’ from the north property line (PL) rather than 10 feet as reflected on the plans submitted to FDEP, and approximately 15’9” from the south PL rather than 10 feet. Kindly confirm whether the 1-19-23 authorization is still valid given these modifications. Sincerely, Ingrid Allen Town Planner Town of Highland Beach 3614 S. Ocean Boulevard Highland Beach FL 33487 (561) 278-4540 Office (option 3) (561) 278-2606 Fax www.highlandbeach.us PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the Town of Highland Beach officials and employees regarding public business are public records available to the public and media upon request. Your e-mail communications may be subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. The views expressed in this message may not necessarily reflect those of the Town of Highland Beach. Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 PUBLIC NOTICE APPLICATION NO. 22-0015 500 Ft Public Notification Boundary September 05, 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, September 21, 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 JOHN DYKINGA, OCEAN ONE MARINE, INC, FOR A SPECIAL EXCEPTION REQUEST TO INSTALL A 100 SQUARE FOOT DOCK, AND A 24,000 POUND CAPACITY BOAT LIFT FOR THE PROPERTY LOCATED AT 4229 TRANQUILITY DRIVE. 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 cont act the Town Clerk’s Office at (561) 278-4548 at least 48 hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8770 or 1-800-955-8771. For additional information, please contact the Town Planner at (561) 278-4540. TOWN OF HIGHLAND BEACH, BUILDING DEPARTMENT Page 26 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 Sep 11, 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: September 11, 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 7490016 SUN-SENTINEL Page 27 Order # - 7490016 SUN-SENTINEL Page 28