TENTATIVE:

SUBJECT TO

REVISION 

        

TOWN OF PALM BEACH
PLANNING, ZONING, & BUILDING DEPARTMENT

 

Town Council Meeting Development Review

TOWN HALL
COUNCIL CHAMBERS - SECOND FLOOR
360 SOUTH COUNTY ROAD

AGENDA

April 4, 2023

9:30 AM
 


Welcome
For information regarding procedures for public participation at Town Council Meetings, please refer to the end of this agenda.
I.CALL TO ORDER AND ROLL CALL

Danielle H. Moore, Mayor
Margaret A. Zeidman, President
Bobbie Lindsay, President Pro Tem
Julie Araskog
Ted Cooney
Lew Crampton

II.INVOCATION AND PLEDGE OF ALLEGIANCE
III.COMMENTS OF MAYOR DANIELLE H. MOORE
IV.COMMENTS OF TOWN COUNCIL MEMBERS
V.COMMUNICATIONS FROM CITIZENS - 3 MINUTE LIMIT PLEASE
VI.APPROVAL OF AGENDA
VII.DISCUSSION ITEMS
A.Discussion Regarding the Possibility of Zoning In Progress for Restaurants, Bars, Nightclubs, Lounges, and Private Clubs
B.

ZON-23-040 C-TS Text Amendment: The applicant, James M. Crowley, Esq., Gunster Law Firm, has filed an application requesting Town Council review to amend the Town of Palm Beach's Zoning Code to allow for arcades or colonnades to extend into the public right-of-way in the Commercial-Town Serving (C-TS) zoning district through the Special Exception process. 

VIII.RESOLUTIONS
A.

RESOLUTION NO. 037-2023: A Resolution of the Town Council Of The Town of Palm Beach, Palm Beach County, Florida, Ratifying and Confirming the Determination of the Landmarks Preservation Commission that the Property Known as 101 N County Rd Meets the Criteria Set Forth in Ordinance No. 2-84, Also Known as Chapter 54, Article IV of The Code of Ordinances of the Town of Palm Beach; and Designating said Property as a Town of Palm Beach Landmark Pursuant to Ordinance No. 2-84, Also Known as Chapter 54, Article IV of The Code of Ordinances of the Town of Palm Beach.

 

Owner: Shavell Wade M Trust 

The owner is in support of the designation.

IX.DEVELOPMENT REVIEWS
A.Appeals
1.Appeal of ARCOM Decision RE: ARC-22-231 7 LA COSTA WAY 
B.Variances, Special Exceptions, and Site Plan Reviews
1.Old Business
a.

ZON-22-021 (ARC-22-022) 160 SEAVIEW AVE (COMBO) – VARIANCES The applicant, Coral Beach Corporation (Angela Feldman, President) and Seaview Holdings, Inc. (David Feldman, Director), has filed an application requesting Town Council review for variances to exceed the point of measurement elevation higher than allowed to be measured from and to reduce the required street side yard setback for a new guest house on combined parcels at 160 and 170 Seaview Avenue. ARCOM will perform design review of the application.  [The Architectural Review Commission deferred the project to their March 29, 2023, meeting.]   [This project shall be deferred to the May 10, 2023, Town Council meeting pending review by the Architectural Review Commission.]

b.

ZON-22-032 (HSB-23-003) 594 N COUNTY RD (COMBO)—VARIANCES The applicant, George Marucci, has filed an application requesting Town Council review and approval for variances (1 and 2) to reduce both side yard setback requirements for two, one-story additions to a historically significant one-story building. The Landmarks Preservation Commission will perform the design review. [The Landmarks Preservation Commission deferred this project to the April 19, 2023, meeting.] This project shall be deferred to the May 10, 2023, Town Council meeting pending review by the Landmarks Preservation Commission.

c.

ZON-22-088 (ARC-22-126) 240 OLEANDER AVE (COMBO) – VARIANCES The applicant, PTMJM Florida Investment Properties, LLC (Patricia Lambrecht), has filed an application requesting Town Council review and approval for variances (1) for development on a lot which is deficient in minimum lot area and (2) deficient in lot depth in the RC zoning district and (3) to exceed the maximum allowed lot coverage, in conjunction with the construction of a new two-story single-family residence. The Architectural Commission will perform design review of the application. [The Architectural Review Commission will hear the project to their March 29, 2023, meeting.]

d.

ZON-22-122 (HSB-22-011) 141 AUSTRALIAN AVE (COMBO)—VARIANCES. The applicant, Gregory James Pamel, has filed an application requesting Town Council review and approval for Variances to (1) reduce the required side (east) yard setback, (2) to reduce the required rear (north) yard setback, (3) to exceed the overall building height for an accessory structure, and (4) to exceed the maximum Cubic Content Ratio (CCR), and (5) to allow a two story accessory structure where only one story is permitted, for the demolition and reconstruction of a two-story accessory structure in the rear yard in conjunction with the proposed renovations to an existing Historically Significant two-story building. The Landmarks Preservation Commission will perform design review of the application. [This project shall be deferred to the May 10, 2023, Town Council meeting pending review by the Landmarks Preservation Commission.]

e.

ZON-22-140 (ARC-22-216) 248 COLONIAL LN (COMBO)—SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE. The applicant, 306 Livingston Street Holdings I, LLC (Matthew Mirones), has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for development of a lot which is deficient in lot depth and lot area in the R-B zoning district and for variances (1) to eliminate the two-car garage enclosure requirement, (2) to locate a generator in a setback which is higher than allowed from neighboring grade and (3) to not completely screen a generator with a masonry wall, in conjunction with the construction of a new two-story residence. The Architectural Review Commission will perform design review of the application. [The Architectural Review Commission will hear the project to their March 29, 2023, meeting.]   

f.

ZON-23-002 (ARC-22-241) 624 ISLAND DR (COMBO)—VARIANCES The applicant, Holly Ann Bartlett, as Trustee of the 1220 South Ocean Boulevard Trust dated May 23, 2013, has filed an application requesting Town Council review and approval Variances (1) to exceed the maximum amount of lot coverage and (2) to exceed the maximum amount of Cubic Content Ratio (CCR) in the R-B zoning district in conjunction with the enclosure of an existing open-air courtyard of a two-story residence with a new skylight. The Architectural Commission will perform design review of the application. [This project shall be deferred to the May 10, 2023, meeting pending review by the Architectural Review Commission at the April 26, 2023, meeting.] 

g.

ZON-23-033 (ARC-23-024) 1540 S. OCEAN BLVD AND 114 OCEAN VIEW RD (COMBO)—VARIANCES. The applicant, 1540 S Ocean LLC (Steven Kirsch, Managing Director) has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for the construction of a new plunge pool, deck, and landscaping for an existing 136 square foot beach cabana at 1540 S Ocean Blvd and 114 Ocean View Road and for a variance (1) to the minimum frontage and variance (2) to the established ocean bulkhead line setback. The Architectural Commission will perform design review of the application. [The Architectural Review Commission will review the project to their March 29, 2023, meeting.]

h.

ZON-23-005 (HSB-22-017) 128 SEABREEZE AVE (COMBO) – SITE PLAN REVIEW AND VARIANCES. The applicant, Jennifer Palumbo and Keith Palumbo, as Trustees of the Keith R. Palumbo 2007 Trust u/a/d August 10, 2007, have filed an application requesting Town Council review and approval for the rehabilitation of the primary residence and reconstruction of the detached two-story accessory structure with site wide landscape and hardscape improvements, including Variances for (1) Cubic Content Ratio, (2) increased lot coverage, (3) decreased landscaped open space, (4) the construction of a two-story accessory structure, and (5-9) to vest non-confirming building setbacks, requiring Special Exception with Site Plan Review due to the demolition of more than 50% of the two Historically Significant structures. The Landmarks Preservation Commission will perform the design review component of the application. [The Landmarks Preservation Commission Recommendation: Implementation of the proposed variances will not cause negative impact to the subject landmarked property. Carried 7-0.] [The Landmarks Preservation Commission approved this project with conditions at the March 22, 2023, meeting. Carried 7-0.]

i.

ZON-23-013 (ARC-22-231) 7 LA COSTA WAY (COMBO) —SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCES The applicant, La Costa Way Trust (Cooper Andrew TR), has filed an application requesting Town Council review and approval variances (1) for a reduced 2nd story street rear-yard setback for a new second story roof top terrace, (2) a variance to provide deficient landscape open space, and (3) a variance to exceed 2-story lot coverage maximum, all as part of a renovation to an existing nonconforming one-story residence. The Architectural Commission will perform design review of the application. [The Architectural Review Commission Recommended: Implementation of the proposed variances will not cause negative architectural impact to the subject property. Carried 7-0.][The Architectural Review Commission approved this project at their February 22, 2023, meeting. Carried 7-0.] [This project was deferred to the April 4, 2023, Town Council meeting pending an appeal.] 

j.

ZON-23-014 (ARC-22-243) 302 SEABREEZE AVE (COMBO) SITE PLAN REVIEW AND VARIANCE The applicant, Sean Rooney, has filed an application requesting town council review and approval for development of a new two-story single-family structure on a parcel, comprised of platted lots, which is deficient in lot width and lot area in the R-B zoning district requiring Site Plan Review, and a variance to provide one garage parking spot in lieu of the two required. The Architectural Commission will perform design review of the application. [The Architectural Review Commission deferred the project to their March 29, 2023, meeting.]   [This project shall be deferred to the May 10, 2023, Town Council meeting pending review by the Architectural Review Commission.] 

k.

ZON-23-017 (COA-23-001) 1100 S OCEAN BLVD—MAR A LAGO (COMBO)—SPECIAL EXCEPTION WITH SITE PLAN REVIEW. The applicant, Mar A Lago Inc., has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for modifications to a private club Special Exception Use including the construction of a new one-story approximately 250 SF guardhouse guardhouse to an existing Landmarked structure. The Landmarks Preservation Commission will perform the design review. [This project shall be deferred to the May 10, 2023, Town Council meeting per Council direction at the March 15, 2023, meeting.]

l.

ZON-23-019 (COA-23-002) 363 COCOANUT ROW—THE VINETA HOTEL (COMBO)—SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCES The applicant, 363 Cocoanut Row Popco LLC, has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for the interior and exterior renovation to an existing Landmarked four-story hotel structure for (1) For modifying the existing four-story hotel use including a reduction of rooms from 57 keys to 41 in the R-C district and (2) For outdoor café seating use. Additionally, the applicant is seeking review and approval for Variances (1) to modify and increase a nonconforming hotel use and accessory restaurant uses in the R-C district under Sec. 134-201(a)(6) of the Town Zoning Code, (2) to exceed the maximum overall building height in order to construct rooftop projections (stair and elevator bulkheads), (3) to exceed the maximum overall building height in order to construct rooftop projections (third floor trellis), (4) to exceed the maximum height of rooftop mechanical equipment for air conditioners and (5) commercial kitchen exhaust scrubber on a rooftop, in conjunction with the renovation of an existing Landmarked four-story hotel and accessory restaurant uses. The Landmarks Preservation Commission will perform the design review.  [Landmarks Preservation Commission Recommendation:  Implementation of the proposed variances will not cause negative architectural impact to the landmarked property.  Carried 7-0.]  [Landmarks Preservation Commission approved the project with the lighting to return to the March 22, 2023, meeting. Carried 7-0.] [Town Council deferred the matter to the March 15, 2023, meeting.] [The Town Council approved variances 3, 4, and 5 with the condition that adequate screening will be placed on all sides of the mechanical equipment, and the screening will be approved by the landmarks preservation commission; the remainder of the project will return to the April 4, 2023, meeting.] 

 TIME CERTAIN 2:00 PM

 

 

m.

ZON-23-025 (COA-22-055) 210 VIA DEL MAR (COMBO) – SPECIAL EXCEPTION WITH SITE PLAN REVIEW The applicant, BEACHBOYZ DEVELOPMENT LLC., has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for reduced vehicular gate setbacks on a cul-de-sac street. The Landmarks Preservation Commission will perform the design review for modifications to the existing Landmarked residence and grounds. [The Landmarks Preservation Commission deferred this project to the March 22, 2023, meeting.] This project shall be deferred to the May 10, 2023, Town Council meeting pending review by the Landmarks Preservation Commission.

n.

ZON-23-027 (ARC-23-012) 206 CARIBBEAN RD (COMBO)—SITE PLAN REVIEW. The applicant, 206 Caribbean LLC (Robert Frisbie, has filed an application requesting site plan review from the Town Council for construction of a new two-story single-family on an existing lot that is deficient in minimum required lot width and lot area in the R-B zoning district. The Architectural Commission shall perform design review of the application.  [The Architectural Review Commission deferred the project to their March 29, 2023, meeting.]  [This project has been withdrawn by the applicant from the Architectural Review Commission and the Town Council meetings.]

o.

ZON-23-028 (ARC-23-013) 177 CLARKE AVE. (COMBO)—VARIANCES. The applicants, James Coleman Baker and Veronica Chen Baker, have filed an application requesting Town Council review and approval of variances including (1) Cubic Content Ratio, (2-4) to vest existing rear and side setback encroachments due to the demolition of more than 50% of the building, and (5) to allow a two-story accessory structure in support of the construction of a new two-story residence, alterations to an existing garage structure and landscape and hardscape improvements. The Architectural commission will review the design review component of the application.  [The Architectural Review Commission deferred the project to their March 29, 2023, meeting.]   [This project shall be deferred to the May 10, 2023, Town Council meeting pending review by the Architectural Review Commission.]

 

p.

ZON-23-029 (ARC-23-014) 325 VIA LINDA (COMBO)—SPECIAL EXCEPTION WITH SITE PLAN REVIEW. The applicant, Three Palm Trees, LLC, has filed an application requesting Town Council review and approval for a Special Exception and Site Plan Approval to permit a reduction in the required setback for the proposed driveway gate and gateposts. The Architectural Commission will perform design review of the application. [The Architectural Review Commission will review the project to their March 29, 2023, meeting.] 

q.

ZON-23-032 (ARC-23-022) 125 WORTH AVE (COMBO)–SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCES. The applicant, 125 Worth Partners LLC, has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for the substantial demolition exceeding 50% exterior building elevations for the renovation and expansion of the existing four story nonconforming commercial building (with underground parking) including multi-story additions and façade alterations proposing in accordance with the Worth Avenue Design Guidelines and a Special Exception to permit retail and office uses greater than 4,000 SF gross leasable area in the C-WA district. Additionally, the applicant is seeking review and approval for Variances (1) to reduce the required parking; (2) to modify and expand nonconforming four-story building; (3) to exceed the maximum overall building height in order to construct a new rooftop and rooftop projections; (4) to exceed the maximum allowable lot coverage for the fourth level; (5) to reduce the required front yard setback, (6) to eliminate the requirement for an on-site loading space, (7) to retain and increase the existing nonconforming lot coverage for the first, second and third levels; (8) to retain the existing nonconforming building length; (9) to retain the existing nonconforming landscape open space; and (10) to further increase the existing nonconforming floor area due in association with the voluntary demolition of portions of the nonconforming building exceeding 50% of exterior wall square footage, in conjunction with the renovation of an existing four-story office and retail building. [The Architectural Review Commission has moved this project forward to the Town Council for zoning review prior to the architectural design review at their February 22, 2023, meeting.] [Town Council deferred this project to the April 4, 2023, Town Council meeting.]

 

TIME CERTAIN 11:00 AM

2.New Business
a.

ZON-22-110 (ARC-22-162) 2773 S OCEAN BLVD (COMBO)—SITE PLAN REVIEW The applicant, Carlyle House Condominium, has filed an application requesting Town Council review and approval for site plan review for demolition and redesign of the pool, pool deck and associated landscape and hardscape. The Architectural Commission shall perform design review of the application.

b.

ZON-22-154 (HSB-22-016) 353 PERUVIAN AVE (COMBO)—SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCES The applicant, Lifestyle Holdings LLC, has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for (1) the addition onto an existing second floor, and (2) for commercial uses > 3,000 SF in C-TS zoning district and Variances (1) to reduce the existing north (side) setback requirements in order to retain an existing nonconforming building and (2) to reduce the required parking spaces, (3) to reduce the required on-site loading spaces, (4) to reduce the required overall landscape open space, and (5) to reduce the required overall front yard open space, and from Chapter 50, Floods, for the required floor elevation of the existing structures, for the renovation and alteration of an existing Historically Significant two-story building and one-story building, which results in demolition of more than 50% of portions of the existing one-story and two-story Historically Significant building and the addition of operable folding glass storefront systems along the interior façades of the courtyard of the front retail liner building. The Landmarks Preservation Commission will perform design review of the application and review and approved the Floodplain variance. [The Landmarks Preservation Commission Recommendation: Implementation of the proposed variances will not cause negative architectural impacts to the subject landmarked property. Carried 7-0.] [The Landmarks Preservation Commission approved this project at the March 22, 2023, meeting, with the back building and front building lighting to return for further review. Carried 7-0.]

c.

ZON-23-026 (ARC-23-011) 220 ARABIAN RD (COMBO)—SPECIAL EXCEPTION AND SITE PLAN REVIEW The applicant, Walter Wick, has filed an application requesting Town Council review and approval for special exception and site plan review to construct a new two-story residence on portions of platted lots which are deficient in lot width in the R-B zoning district. The Architectural Commission will perform design review of the application. [This project has been withdrawn by the applicant from the Architectural Review Commission and the Town Council meetings.]

d.

ZON-23-034 (ARC-23-026) 171 EL PUEBLO WAY (COMBO) – SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCES The applicants, Kevin Ryan and Carolyn Pressly-Ryan, has filed an application requesting Town Council review and approval for special exception with site plan review for development of a single-family dwelling on a lot in R-B zoning district which is deficient in lot width and area, and (3) variances for (1) a reduced swimming pool setback, (2) a variance to exceed maximum allowed equipment screening wall height, and (3) a variance to allow a supported second floor balcony to encroach into the required front yard. The Architectural Commission shall perform design review of the application.

e.

ZON-23-039 (HSB-23-002) 261 SANFORD AVE (COMBO)—VARIANCES The applicant, Mr. & Mrs. Delaney, has filed an application requesting Town Council review and approval for Site Plan Review for additions and alterations to an existing two-story Historically Significant building involving the demolition of more than 50% of portions of the structure resulting in Variances (1) to retain the existing nonconforming side (west) yard setback and (2) to exceed the maximum lot coverage permitted, and from Chapter 50, Floods, for the required floor elevation of the existing structure, for the renovation and alteration of an existing Historically Significant two-story building. The Landmarks Preservation Commission will perform design review of the application and review and approved the Floodplain variance.  [The Landmarks Preservation Commission Recommendation: Implementation of the proposed variances will not cause negative architectural impacts to the subject property. Carried 7-0.] [The Landmarks Preservation Commission approved this project as presented at the March 22, 2023, meeting. Carried 7-0.]

f.

ZON-23-041 (ARC-23-032) 176 SEMINOLE AVE (COMBO)—VARIANCES The applicant, William Paca Beatson, Jr. Trustee of the William Paca Beatson Revocable Trust dated January 8, 2021, has filed an application requesting Town Council review and approval for four (4) Variances required to convert an existing two-car garage into interior storage space and to construct a second-story addition over the rear garage with site and landscape alterations, including (1) to eliminate required garage parking spaces, (2) to construct a second floor addition with reduced rear setbacks, (3) to exceed the maximum allowable Cubic Content Ratio (CCR), and (4) to reduce the overall Landscape Open Space below the required minimum. The Architectural Commission will perform the design review component of the application.

C.Time Extensions, Waivers and Three Strikes
1.Permit Extension - 250 Queens Lane
X.ANY OTHER MATTERS
XI.ADJOURNMENT

PLEASE TAKE NOTE:

 

 Note 1:Please submit written comments/materials to council@townofpalmbeach.com or in person to the Town Clerk's Office, located at Town Hall, 360 South County Road. No written materials received after 3:30 p.m. on the Wednesday immediately prior to a monthly Town Council meeting will be included in the back-up binders distributed to the Mayor and Town Council in preparation for that meeting. Written materials received after 3:30 p.m. on Wednesday will be separately distributed to the Mayor and Town Council; however, depending upon the length of the materials, the time of submittal, and other circumstances, the Mayor and Town Council may not be able to read and consider such late submittals prior to acting upon the policy matter(s) which they address.
 Note 2:The progress of this meeting may be monitored by visiting the Town's website (townofpalmbeach.com) and clicking on "Meeting Audio" in the left column. If you have questions regarding that feature, please contact the Office of Information Technology (561) 227-6315. The audio recording of the meeting will appear within 24 hours after the conclusion of the meeting.
 Note 3:If a person decides to appeal any decision made by this Council with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings. For such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
 Note 4:Disabled persons who need an accommodation in order to participate in the Town Council Meeting are requested to contact the Town Manager's Office at 838-5410 or through the Florida Relay Service by dialing 1-800-955-8770 for voice callers or 1-800-955-8771 for TDD callers, at least two (2) working days before this meeting.
 Note 5:Items listed on the Consent Agenda will be approved by one motion of the Town Council, unless the Mayor or an individual Council Member requests that any item(s) be moved to the Regular Agenda and individually considered.
 Note 6:All back-up material for the items listed on the agenda are posted to the Town's website and emailed to all Stay Informed subscribers on the Friday before the Town Council meeting. To access the back-up materials and/or subscribe to the Stay Informed list, please visit the Town's website (townofpalmbeach.com).

 

 

PROCEDURES FOR PUBLIC PARTICIPATION

Citizens desiring to address the Town Council should proceed toward the public microphones when the applicable agenda item is being considered to enable the Town Council President to acknowledge you.
PUBLIC HEARINGS:Any citizen is entitled to be heard on an official agenda item under the section entitled "Public Hearings," subject to the three minute limitation.
COMMUNICATIONS FROM CITIZENS:Any citizen is entitled to be heard concerning any matter under the section entitled "Communications from Citizens," subject to the three minute limitation. The public also has the opportunity to speak to any item listed on the agenda, including the consent agenda, at the time the agenda item comes up for discussion.
OTHER AGENDA ITEMS:Any citizen is entitled to be heard on any official agenda item when the Town Council calls for public comments, subject to the three minute limitation.
Town Council Meetings are public business meetings and, as such, the Town Council retains the right to limit discussion on any issue.