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TENTATIVE:

SUBJECT TO

REVISION


	TOWN OF PALM BEACH Town Manager's Office Town Council Meeting Development Review TOWN HALL COUNCIL CHAMBERS-SECOND FLOOR 360 SOUTH COUNTY ROAD AGENDA April 11, 2018 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

Mayor Gail L. Coniglio

Danielle H. Moore, President

Margaret A. Zeidman, President Pro Tem

Julie Araskog

Lew Crampton

Bobbie Lindsay


	II.	INVOCATION AND PLEDGE OF ALLEGIANCE


	III.	COMMENTS OF MAYOR GAIL L. CONIGLIO


	IV.	COMMENTS OF TOWN COUNCIL MEMBERS AND TOWN MANAGER


	V.	COMMUNICATIONS FROM CITIZENS - 3 MINUTE LIMIT PLEASE


	VI.	APPROVAL OF AGENDA


	VII.	DEVELOPMENT REVIEWS


		A.	Appeals


		B.	Variances, Special Exceptions, and Site Plan Reviews


			1.	Old Business


				a.	VARIANCE #21-2017 The application of Vera Alfieri Monforte; relative to property commonly known as 218 Miraflores Dr., described as lengthy legal description on file; located in the R-B Zoning District. The applicant is proposing to construct a 1,230 square foot second story addition on the west side of the one story residence that will create two bedrooms, a gym and two bathrooms. The following variances are being requested: 1) lot coverage of 33.7% in lieu of the 30% maximum allowed for a two story residence, 2) a west side yard setback of 13 feet in lieu of the 15 foot minimum required, 3) a rear yard setback of 13.91 feet in lieu of the 15 foot minimum required. [Attorney: Maura Ziska, Esq.] [Architectural Commission Recommendation: Implementation of the proposed variance will not cause negative architectural impact to the subject property. Carried 7-0. The Architectural Commission approved the project at the February 28, 2018 meeting. Carried 6-1.]

				b.	Z-17-00042 SITE PLAN REVIEW WITH VARIANCE(S) Zoning District: R-A Estate Residential. The application of OCEAN VILLA HOLDINGS LLC, Owner, relative to property located at 1700 S OCEAN BLVD, legal description on file, is described below. Site Plan Review to allow construction of a new 8,917 square foot two-story residence on a non-conforming platted lot which is 15,005 square feet in area in lieu of the 20,000 square foot minimum required in the R-A Zoning District and 100 feet in depth in lieu of the 150 foot minimum depth required in the R-A Zoning District. The following variance is being requested in conjunction with this application: 1) A request to have a building height plane setback of 53 feet in lieu of the 59 foot minimum setback required. 2) A request to allow the existing 3-4 foot wall to remain as screening for the proposed swimming pool in lieu of the 6 foot minimum height required when a swimming pool is located in the street side yard. 3) A request to eliminate the requirement to have a 6 foot tall hedge on the outside of the required wall. [Applicant's Representative: Maura Ziska Esq] [Architectural Commission Recommendation: Implementation of the proposed variances will not cause negative architectural impacts to the subject property. Carried 7-0. The Architectural Commission approved the project at the March 28, 2018 meeting. Carried 7-0.]

				c.	Z-17-00059 MODIFIED SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S) The application of REGALBUTO JASON, Owner, relative to property located at 160 SEABREEZE AVE, legal description on file, is described below. Special Exception with Site Plan Review to allow the construction of a new 3,629.46 square foot two story single family residence on a lot that is 62.5 feet in width in lieu of the 100 foot minimum required and 7,656.25 square feet in area in lieu of the 10,000 square foot minimum required in the R B Zoning District. The applicant is also planning to enclose an existing staircase in the guest house garage located in the rear of the property. The following variances are being requested in conjunction with this application: 1) A cubic content ratio ("CCR") of 5.74 in lieu of the 4.235 maximum allowed in the R-B Zoning District for a lot that is 7,656.25 feet in area. 2) a lot coverage of 32.41 % in lieu of the 30 % maximum allowed in the R-B Zoning District for a two story residence. 3) an east side yard setback of 6.2 feet in lieu of the 15 foot minimum required for a two story residence. 4) a west side yard setback of 11.5 feet in lieu of the 15 foot minimum required for a two story residence. 5) an east side yard setback of 7.5 feet in lieu of the 12.5 minimum required for the one story covered terrace. 6) a landscaped open space of 42.6% in lieu of the 45% minimum required in the R B Zoning District. [Applicant's Representative Maura Ziska Esq] [ArchitecturalCommission Recommendation: Implementation of the proposed special exception, site plan review and variances will not cause negative architectural impact to the subject property. Carried 7-0. The Architectural Commission approved the project at the January 24, 2018 meeting. Carried 5-2.]

				d.	Z-18-00068 SITE PLAN REVIEW WITH VARIANCE(S) Zoning District: R B Low Density Residential The application of 1280 NORTH LAKE WAY LLC, Owner, relative to property located at 1280 N LAKE WAY, legal description on file, is described below. 1. Site Plan Review to allow the construction of a 7,431 square foot two story, single family residence on a non conforming platted lot which is 87.95 feet in width in lieu of the 100 foot minimum width required in the R B Zoning District. 2. A variance request to allow the two story residence with a point of measurement of 8.5 feet North American Vertical Datum ("NAVD") for cubic content ratio ("CCR") in lieu of the 7.4 foot NAVD required when determining cubic content ratio on lots abutting the Lake Trail. [Applicant's Representative: Maura Ziska Esq] [Architectural Commission Recommendation: Implementation of the proposed variances will not cause negative architectural impacts to the subject property. Carried 6-1. The Architectural Commission approved this project at the March 28, 2018 meeting. Carried 4-3.]

				e.	Z-18-00071 MODIFIED SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S) Zoning District: B-A Beach Area The application of TRAVERSE NORMAN &, Owner, relative to property located at 1744 S OCEAN BLVD, legal description on file, is described below. 1. Request a special exception to permit the construction of a +/ 75 foot tunnel for pedestrian access under South Ocean Boulevard to connect the house to the beach parcel on the east side of the road. Also proposed is a walkover and landing. The application proposes to close one lane of traffic at one time to construct the tunnel. 2. A variance to allow the tunnel and associated stairs to have a setback of 47.25 feet from the designated Ocean Bulkhead Line established in Chapter 62 in lieu of the 150 foot minimum setback required. [Applicant's Representative: Maura Ziska Esq]

				f.	Z-18-00072 SITE PLAN REVIEW WITH VARIANCE(S) Zoning District: R A Estate Residential The application of SHADOWBROOK LAND TRUST &, Owner, relative to property located at 110 VIA VIZCAYA, legal description on file, is described below. Site Plan Review to allow the construction of a 5,084 square foot two story, single family residence on a non conforming lot which is 100 feet in width in lieu of the 125 foot minimum width required; 100 feet in depth in lieu of the 150 foot minimum required and 10,000 square feet in area in lieu of the 20,000 square foot minimum required in the R A Zoning District. The following variances are being requested in conjunction with this application: 1. A variance request to have a building height plane setback of 30 feet in lieu of the 45.81 foot setback required for a building that is 22' feet 6 5/8" inches tall. 2. A variance for lot coverage to be 28% in lieu of the 25% maximum allowed in the R A Zoning District. [Applicant's Representative: Maura Ziska Esq] [Architectural Commission Recommendation: Implementation of the proposed variances will not cause negative architectural impacts to the subject property. Carried 7-0. The Architectural Commission approved this project at the March 28, 2018 meeting. Carried 7-0.]


			2.	New Business


				a.	Z-18-00074 VARIANCE(S) The application of 17 GOLFVIEW ROAD LLC, Owner, relative to property located at 17 GOLFVIEW RD, legal description on file, is described below. The applicant is proposing to construct a 224 square foot pool cabana and a 175 square foot awning in the rear of the property that will require the following variances: 1. Landscaped open space of 46% in lieu of the 48.7% existing and the 50% minimum required in the R A Zoning District. 2. Lot coverage of 31% in lieu of the 29.10% existing and the 25% maximum allowed in the R A Zoning District. 3. Rear yard setback of 8.83 feet in lieu of the 10 foot minimum required for an unenclosed accessory structure in the R A Zoning District. [Applicant's Representative Maura Ziska Esq] [Landmark Preservation Commission Recommendation: Implementation of the proposed variance will not cause negative architectural impact to the subject landmarked property. Carried 7-0]

				b.	Z-18-00075 SPECIAL EXCEPTION The application of WELLS FARGO BANK, NA Owner, relative to property located at 255 S COUNTY RD SUITE: SITE, legal description on file, is described below. The Applicant seeks approval of a Special Exception with Site Plan Review to modify SE#23 2015 for the building signage to remove the existing "First National Bank" sign and replace it with a "Wells Fargo Building" sign of the same size. There will be no increase in sign face area and the square footage of the proposed sign complies with the Town Code. [Applicant's Representative Harvey E Oyer III Esq] [Landmark Preservation Commission Recommendation: Implementation of the special exception and site plan review will not cause negative architectural impact to the subject landmarked property. Carried 7-0.] [Landmark Preservation Commission Recommendation: Implementation of the special exception and site plan review will not cause negative architectural impact to the subject landmarked property. Carried 7-0.]

				c.	Z-18-00076 SITE PLAN REVIEW WITH VARIANCE(S) The application of WEXLER GARY &, Owner, relative to property located at 14 VIA VIZCAYA, legal description on file, is described below. Site plan review request to allow the construction of a 7,400 square foot two story single family residence on a platted non conforming lot in both width and area in the RA Zoning District. In connection with the proposed construction, the following variance is being requested: A variance request for a one story element rear street yard setback (south side of the property) of 15 feet in lieu of the 35 foot minimum required in the RA Zoning District. [Applicant's Representative David E. Klein Esq] [Architectural Commission Recommendation: Implementation of the proposed variance will not cause negative architectural impact to the subject property. Carried 7-0. The Architectural Commission conditionally approved the project at the March 28, 2018 meeting. The conditions are related to the architecture only. Carried 7-0.]

				d.	Z-18-00077 VARIANCE(S) The application of WALKER JEFFREY C, Owner, relative to property located at 662 ISLAND DR, legal description on file, is described below. The applicant is proposing to construct a 543 second floor within the existing footprint of the one story residence which will require the following variances: 1) lot coverage of 29.8% in lieu of the 25% maximum allowed in the R B Zoning District for a two story residence on a lot that is in excess of 20,000 square feet; 2) cubic content ratio of 4.28 in lieu of the 3.83 existing and the 4.10 maximum allowed in the R B Zoning District. [Applicant's Representative Maura Ziska Esq] [Architectural Commission Recommendation: Implementation of the proposed variances will not cause negative architectural impacts to the subject property. Carried 7-0. The Architectural Commission approved the project at the March 28, 2018 meeting. Carried 7-0.]

				e.	Z-18-00078 SPECIAL EXCEPTION The application of EVERGLADES CLUB INC, Owner, relative to property located at 500 S COUNTY RD SUITE: SITE, legal description on file, is described below. A request for special exception approval with site plan review to remove an existing Golf Cart Shelter and portion of an existing site wall located southwest of the existing Pro Shop and add a new site wall, a 1,099 square foot golf bag storage building and a 2,971 square foot golf cart shelter located southwest of the existing Pro Shop. [Applicant's Representative Maura Ziska Esq]

				f.	Z-18-00079 VARIANCE(S) The application of ANGLE ANN BRITT &, Owner, relative to property located at 306 PENDLETON LN, legal description on file, is described below. The applicant is proposing to construct a 340 square foot one story loggia addition to the existing residence that would result in the following variances being requested: 1) an angle of vision of 130 degrees in lieu of the 117 degrees existing and the 116 degrees maximum allowed in the R·B Zoning District 2) a front yard setback of 22.91 feet in lieu of the 25 foot minimum setback required in the RB Zoning District [Applicant's Representative Maura Ziska Esq] [Architectural Commission Recommendation: Implementation of the proposed variances will not cause negative architectural impacts to the subject property. Carried 7-0. The Architectural Commission approved the project at the March 28, 2018 meeting. Carried 7-0.]

				g.	Z-18-00081 SITE PLAN REVIEW The application of KENNEDY SUZANNE W, Owner, relative to property located at 140 KINGS RD, legal description on file, is described below. Site Plan Review to allow the construction of a 6,361 square foot two story, single family residence on a non conforming platted lot which is 100.03 feet in width in lieu of the 125 foot minimum required in the R A Zoning District; 143.08 feet in depth in lieu of the 150 foot minimum required in the R A Zoning District; and 14,308 square feet in area in lieu of the 20,000 square foot minimum required in the R A Zoning District. [Applicant's Representative Maura Ziska Esq] [The Architectural Commission approved the project at the March 28, 2018 meeting. Carried 6-1.]

				h.	Z-18-00082 SPECIAL EXCEPTION WITH SITE PLAN REVIEW The application of 257 RPW LLC, Owner, relative to property located at 257 ROYAL POINCIANA WAY, legal description on file, is described below. 1) A request for special exception approval with site plan review to modify the previously approved awning (Special Exception # 18 2017) to correct the dimensions to be what was installed at 29 feet 8 inches x 12 feet in lieu of the previously approved plan that showed the awning to be 28 feet 9 inches x 12 feet (an 11 inch difference). 2) A request for special exception approval to have a valet operation for lunch and dinner during the following hours: Dinner: 5:00 pm 10:00 pm Sunday to Wednesday; 5:00 pm 3:00 am Thursday to Saturday Lunch: Daily 10 am to 3 pm [Applicant's Representative Maura Ziska Esq]

				i.	Z-18-00083 VARIANCE(S) The application of 89 MIDDLE ROAD LLC, Owner, relative to property located at 89 MIDDLE RD, legal description on file, is described below. 1) The Applicant is proposing a new pitched roof to replace a flat roof over the 2 story guest house/garage and construct a trellis on the rooftop of the one story portion of the guest house/garage which will require the following variances to be requested: a) a request to increase the overall building height of the guest house/garage by adding the pitched roof in an existing non conforming side yard setback of 6.1 feet in lieu of the 15 foot minimum required in the R A Zoning District; b) a request to increase the building height of the guest house/garage by adding a trellis in an existing non conforming side yard setback of 9.5 in lieu of the 15 foot minimum required in the R A Zoning District. 2) A request for a variance to allow a 120 foot long retaining wall to be at a height of 9.5 feet in lieu of the 7 foot tall maximum allowed. [Applicant's Representative Maura Ziska Esq] [Landmark Preservation Commission Recommendation: Implementation of the proposed variance will not cause negative architectural impact to the subject landmarked property. Carried 7-0.]

				j.	Z-18-00085 VARIANCE(S) The application of PARAMOUNT CHURCH INC LESSOR, Owner, relative to property located at 139 N COUNTY RD SUITE: 15, legal description on file, is described below. This application is on behalf of the tenant Illustrated Properties LLC The applicant is requesting a variance to permit the operation of a real estate brokerage office containing approximately 1,008 sq. ft. on the first floor of the Paramount Building which does not meet all of the requirements to allow an office use on the first floor in this situation. The proposed use meets the special exception uses requirement in Section 134 1109(18) that there are at least 50% existing office uses on all floors in the Paramount Building but fails to meet the requirement that there are more than 50% existing office uses on the first floor within 300 feet of the proposed use within the same zoning district. [Applicant's Representative Tim Hanlon Esq]

				k.	Z-18-00086 VARIANCE(S) The application of JHD ASSOCIATES LLC, Owner, relative to property located at 230 ROYAL PALM WAY SUITE: BLDG 1, legal description on file, is described below. TD Wealth Management is leasing Suite 100 (which totals 2,144 square feet) on the east end of the first floor of 230 Royal Palm Way. This application proposes to install two business identification signs on the building: one on the north façade facing Royal Palm Way and one on the south façade facing the parking lot. Because of the style and height of the existing stone façade of the first story of the building, and the existing windows on the facades, the signs need to be installed higher than the ceiling of the first floor, which is only 8.16 feet. Although the proposed signs will be located well below the 15' otherwise allowed by code in this zoning district, signs located above the ceiling height of the first floor require variances. Request for business identification sign on the north façade of the building 12.75' in height (top of sign) in lieu of the 8.16' maximum height (first floor ceiling height) allowed by code, a variance of 4.59'. Request for business identification sign on the south façade of the building 12.75' in height (top of sign) in lieu of the 8.16' maximum height (first floor ceiling height) allowed by code, a variance of 4.59'. These measurements are from the finished floor elevation of the first floor. [Applicant's Representative James M. Crowley Esq]


			3.	Other


				a.	RESOLUTION NO. 51-2018 A Resolution Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Declaring Zoning In Progress Relating To The Zoning Item Under Study By The Town As Enumerated In Exhibit "A" Attached Hereto; Requiring That Zoning Applications Which Intensify The Use Of A Property, Or Create A Taller Or Larger Building Than The Zoning Code Allows Have A Legal Notice Requirement Of 1,000 Feet In Lieu Of The 300 Foot Existing Legal Notice Requirement During The Period That Zoning Is In Progress For Any Zoning Application; Providing An Effective Date.


	VIII.	ORDINANCES


		A.	Third Reading


			1.	ORDINANCE NO. 4-2018 An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 134, Zoning, As Follows: At Article I, In General, Section 134-2, Definitions And Rules Of Construction, By Creating A Definition For Tow-Away Signs; At Article II, Administration, Section 134-38 By Increasing And Creating Additional Fees For Land Development Services; Section 134-145 Modifying The Hearing Procedure For Administrative Appeals; Section 134-261 Creating An Initial Review Procedure For Zoning Text Amendments; At Article IV, Nonconformities, Section 134-417, Enlargement And 134-419, Enlargement, Extension, Reconstruction Or Alteration, By Creating A New Demolition Threshold, Including Additional Provisions For Alterations And Repairs And Clarifying Language For Raising Nonconforming Buildings And/Or Structures; At Article VI, District Regulations, Sections 134-788, 134-838 And 134-888, Accessory Uses And Sections 134-789, 134-839 And 134-889, Prohibited Uses By Creating Regulations To Conditionally Allow Construction Related Employee Off-Street Parking At Private Social, Swimming, Golf, Tennis And Yacht Clubs In The R-AA, R-A And R-B Residential Zoning Districts; Sections 134-796, 134-846 And 134-893, Exceptions To Height Limitations, By Allowing Solar Material On Roofs Of Buildings Provided There Is Either Architectural Commission Or Landmark Preservation Commission Approval In The R-AA, R-A And R-B Residential Zoning Districts; Sections 134-840 And 134-890, Special Exception Uses And At Article VIII Supplementary District Regulations, Section 134-1698, Structures, Signs And Landscape Material West Of Lake Trail By Allowing Essential Services West Of Lake Trail As A Special Exception Use In The R-A And R-B Residential Zoning Districts; At Article VI, District Regulations, Section 134-893, Lot, Yard And Bulk Regulations By Clarifying That First Floor, Unenclosed Loggias, Pergolas, Porches Terraces And Covered Patios In The R-B Zoning District Are Allowed An Additional 5% Cubic Content; At 134-895, Same, Exceptions From Yard Regulations, By Modifying The Provision To Ensure That Additional 3% Lot Coverage For An Awning Or Open Trellis Is Not Counted In The Cubic Content Ratio Calculations; At Article Viii, Supplementary District Regulations, Section 134-1607, Permitted Exceptions, By Allowing Solar Material On The Roof Of A Building Or Structure In All Other Zoning Districts Other Than R-AA, R-A And The R-B Zoning Districts Provided That Said Material Is Approved By The Architectural Commission Or Landmark Preservation Commission; Section 134-1757, Swimming Pools, By Allowing Raised Spas/Hot Tubs And Infinity Pools; Section 134-1759, Tennis, Shuffleboard And Racquetball Courts By Reordering The Existing Regulations To Eliminate Redundant Language; At Article XI, Signs, Adding Sections 134-2410 And 134-2449 By Creating Regulations For Tow-Away Signs In Residential And Commercial Zoning Districts; Sections 134-2411 And 134-2450 By Creating Regulations Allowing Governmental Signs In All Residential And Commercial Zoning Districts; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date


	IX.	ANY OTHER MATTERS


	X.	ADJOURNMENT

PLEASE TAKE NOTE:

Note 1:	No written materials received after 3:30 p.m. on the Thursday 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 Thursday 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 Systems (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.