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

August 15, 2018

1:30 PM
 


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.APPROVAL OF AGENDA
IV.COMMENTS OF MAYOR GAIL L. CONIGLIO
V.COMMENTS OF TOWN COUNCIL MEMBERS AND TOWN MANAGER
VI.COMMUNICATIONS FROM CITIZENS - 3 MINUTE LIMIT PLEASE
VII.DEVELOPMENT REVIEWS
A.Declaration of Use Agreements
1.

Z-18-00110 SPECIAL EXCEPTION Zoning District: C-WA Worth Avenue The application of WILSON 150 WORTH LLC, Applicant, relative to property located at 150 WORTH AVE SUITE: SITE, legal description on file, is described below. A request for special exception approval is being requested to allow outdoor promotional events as a permitted special exception use in the C WA Zoning District for town serving outdoor promotional events at the Esplanade Building in the central courtyards. The proposed hours of operation will align with the store and restaurant hours to be Sunday through Thursday 7:00 AM to 10:00 PM and Friday and Saturday 7:00 AM to 11 :00 PM. Examples of outdoor promotional events is attached hereto as Exhibit "D". [Applicant's Representative: Maura Ziska Esq] Consideration of a proposed Declaration of Use Agreement.

B.Variances, Special Exceptions, and Site Plan Reviews
1.Old Business
a.

Z-17-00061 SPECIAL EXCEPTION Zoning District:  C-PC Planned Center  The application of SPIEGEL SIDNEY TR # 31520371, Owner, relative to property located at 340 ROYAL POINCIANA WAY legal description on file, is described below. A request for Special Exception approval is being filed in connection with the Ordinance considered at Planning & Zoning Commission on October 17th and Town Council on December 13th, 2017. The Ordinance provides that outdoor promotional events are permitted as a special exception use in the C-PC district and this request seeks Special Exception approval for Town Serving outdoor promotional events at The Royal Poinciana Plaza in the central courtyards. The proposed hours of operation align with approved outdoor dining hours, 8am-10pm Sunday through Thursday and 8am-11pm Friday and Saturday. [Applicant's Representative: James M. Crowley Esq]  Review of Outdoor Promotional Events as required by condition of approval by Town Council on February 14, 2018.

b.

Z-17-00066 MODIFIED SITE PLAN REVIEW Zoning District: C-TS Town-Serving Commercial  The application of VIA 313 1/2 WORTH AVENUE LTD, Owner, relative to property located at 313 1/2 WORTH AVE SUITE: SITE, legal description on file, is described below. 1. Request for special exception approval to allow a two (2) story trellis. 2. Request site plan review to modify the Via Bice as follows: a. new mosaic pavers in the Via; b. New 2,240 square foot 2 story trellis with retractable awning above; c. New landscaping and lighting; d. New stone entry with awning on Peruvian Avenue; e. Removal of existing canvas awnings f. New 37.5 square foot addition to existing bay window. [Applicant's Representative: Maura Ziska Esq] [The Architectural Commission generally thought the redesign was a positive step forward in the right direction.  Some of the topics debated by the Commissioners were the following:  1) Whether the front façade was too modern and fit into the area, 2) Whether the pergolas took away from the Via, 3) Whether the tile pattern on the floor was the correct design.  They all agreed that accessibility at the entrance was necessary.  [The Architectural Review Commission conditionally approved this project at their June 27, 2018 meeting.  The condition of approval was that the proposed pedestal is changed back the fountain and obelisk previously proposed.  Carried 4-3.]

c.Z-18-00097 SITE PLAN REVIEW Zoning District: R B Low Density Residential The application of 232 Bahama Lane, LLC (Manager of 232 Bahama Lane, LLC: Manager I, LLC. Manager of Manager I, LLC: E. Llwyd Ecclestone, Jr.), Applicant, relative to property located at 232 BAHAMA LN, legal description on file, is described below.  Site Plan Review to allow the construction of a 4,300 square foot, two story, single-family house on a non conforming platted lot, which is 90 feet in depth in lieu of the 100 foot depth required in the R B Zoning District. [Applicant's Representative David E. Klein Esq] [The Architectural Review Commission approved the project at the July 25, 2018 meeting.  Carried 7-0.]
2.New Business
a.

Z-18-00114 SITE PLAN REVIEW  The application of FBDD Property Corp., President: Francesco Blanco, Applicant, relative to property located at 168 SEABREEZE AVE, legal description on file, is described below. Site Plan Review to allow the construction of a 3,644 square foot, two-story, single family house on a non-conforming platted lot which is 92 feet in width in lieu of the 100 foot width required in the R-B Zoning District. [Applicant's Representative: David E. Klein Esq] [The Architectural Review Commission approved the project at the July 25, 2018 meeting.  Carried 7-0.]

b.Z-18-00115 VARIANCE(S) The application of Sean Healey, Applicant, relative to property located at 6 VIA LOS INCAS, legal description on file, is described below. Applicant is proposing to construct a 2,170 square feet second story addition over the existing first floor for a master bedroom suite and terrace and demolish an existing pool cabana and awning and replace it with a smaller 348 square foot cabana that will require the follow variances: 1) a cubic content ratio ("CCR") of 5.29 in lieu 5.21 existing and the of the 3.81 maximum allowed in the R-B Zoning District. 2) Allow the existing lot coverage to remain non-conforming at 31.9% in lieu of the 32.9% existing and the 25% maximum allowed. [Applicant's Representative: Maura Ziska Esq] [Architectural Review Commission Recommendation:  Implementation of the proposed variances will not cause negative architectural impact to the subject property.] [The Architectural Review Commission approved the project at the July 25, 2018 meeting.  Carried 6-1.]
c.Z-18-00116 VARIANCE(S)  The application of Margaretta Taylor, Applicant, relative to property located at 120 EL BRILLO WAY, legal description on file, is described below. Applicant is proposing to construct a 75 square foot exterior staircase along the east side of the residence that will require a variance to be requested to increase the lot coverage from 29% to 29.3% in lieu of the 25% maximum allowed.  [Applicant's Representative: Maura Ziska Esq] [Landmark Preservation Commission Recommendation:  Implementation of the proposed variances will not cause negative architectural impact to the subject landmark property.  Motion carried 7-0.]
d.

Z-18-00117 SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S)  The application of Bryan Donahue, Insite Studios Inc. on behalf of the Society of the Four Arts, Inc., Applicant, relative to property located at 101 FOUR ARTS PLZ SUITE: SCULPTURE GARDEN, legal description on file, is described below.  1. Request for special exception approval to modify the approved site plan to add a sculpture to the sculpture garden 2. Request for site plan review to modify the Society of The Four Arts "Sculpture Garden" to add a sculpture 3. Variance to allow the installation of a sculpture in the "Sculpture Garden" which is 14' 2" high including a 2' 6" high base (14' 2" total height) in lieu of the 12' maximum allowed.  [Applicant's Representative: Bryan Donahue] [Landmark Preservation Commission Recommendation:  Implementation of the proposed special exception with site plan review and variance will not cause negative architectural impact to the subject landmark property.  Carried 7-0.]

 

e.

Z-18-00119  SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S)  The application of Sailfish Club of Florida, Inc., Applicant, relative to property located at 1338 N LAKE WAY SUITE: SITE, legal description on file, is described below.  A request for special exception approval with site plan review to allow a 16 foot by 40 foot temporary kitchen trailer to be located in the existing handicapped parking spaces adjacent to the west of the Club main entrance. The temporary kitchen trailer is necessary to service the Club while it is renovating their kitchen. The timeframe for the temporary kitchen will be May 2019 until November 2019. The following variance is being requested in conjunction with this application: 1) A variance request to temporarily remove the ability to use four (4) parking spaces for the months of May 2019 through November 2019 to create a further non-conformity of 113 parking spaces in lieu of the 118 existing.  [Applicant's Representative: Maura Ziska Esq]

f.

Z-18-00120 SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S)  The application of Acqua PB, LLC d/b/a Acqua Café (Arlene Desiderio, Principal), Applicant, relative to property located at 2875 S OCEAN BLVD SUITE: SITE, legal description on file, is described below.  A request for special exception with site plan approval pursuant to Condition #2 in the original 1980 approval to construct the existing building on the subject property (Special Exception #25-80). The condition requires any use other than an office and professional services to obtain Town Council approval. This request is to allow a 2,684 square foot restaurant in suites 102 and 103 (to be combined with an outdoor patio) with 92 seats (50 indoor and 42 outdoor). Special exception approval is required for outdoor seating. The hours of operation are proposed to be: Lunch 11:00 AM to 4:00 PM daily, Dinner 5:00 PM to 9:00 PM Sunday to Thursday; 5:00 PM to 10:00 PM Friday and Saturday. The following variance is being requested: 1) A variance request to provide zero (0) additional off-street parking spaces in lieu of the 28 additional parking spaces that would be required using the principle of equivalency calculation for the proposed restaurant with 92 seats.  [Applicant's Representative: Maura Ziska Esq]

g.

Z-18-00122 VARIANCE(S)  The application of Roger K. Taylor, Applicant, relative to property located at 671 ISLAND DR, legal description on file, is described below.  A variance request to construct a 60.5 square foot platform to connect the property to the existing boat lift that will require the following variances: 1) To have a 12.25 foot south riparian setback in lieu of the 25 foot minimum setback required for a landing dock; and 2) To have an 8.25 foot setback from the property line in lieu of the 6 foot maximum allowed for a landing dock.  [Applicant's Representative: Maura Ziska Esq]

h.

Z-18-00124 VARIANCE(S)  The application of Hunter and Melissa Beebe, Applicant, relative to property located at 1050 N OCEAN BLVD, legal description on file, is described below. The applicant would like to modify the previously approved Variance # 3-2016 to rotate the pool cabana and swimming pool which would require the following variance: 1) a rear street yard setback of 15.3 feet for the 790 square foot one story pool cabana in lieu of the 35 foot minimum required for a lot in excess of 20,000 square feet and with a depth of 164.81 feet in the R-B Zoning District. [Applicant's Representative: Maura Ziska Esq]

i.

Z-18-00125 VARIANCE(S)  The application of Lori Jayne Monogramming, Lori Jayne, Inc., PEMS Partnership, Ltd., Applicant, relative to property located at 301 S COUNTY RD, legal description on file, is described below.   134-1107. Applicant requests variance to operate two retail stores at 301 and 304 S. County Rd. containing 4,622 total square feet under common ownership within the C-TS District and separated by 71.1 feet in lieu of 1,500 feet required.  [Applicant's Representative: Tim Hanlon Esq]

VIII.ORDINANCES
A.First Reading
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.