NovusAGENDA

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 March 19, 2019 1:00 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

Julie Araskog

Lew Crampton

Bobbie Lindsay

Danielle H. Moore

Margaret A. Zeidman


	II.	INVOCATION AND PLEDGE OF ALLEGIANCE


	III.	PRESENTATIONS


	IV.	COMMENTS OF MAYOR GAIL L. CONIGLIO


	V.	COMMENTS OF TOWN COUNCIL MEMBERS AND DIRECTOR OF PLANNING, ZONING AND BUILDING


	VI.	COMMUNICATIONS FROM CITIZENS - 3 MINUTE LIMIT PLEASE


	VII.	APPROVAL OF AGENDA


	VIII.	RESOLUTIONS


		A.	RESOLUTION 11-2019 - A Resolution Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Adopting Revised Fees Related To The Planning, Zoning & Building Department


	IX.	DEVELOPMENT REVIEWS


		A.	Declaration of Use Agreements


			1.	Z-18-00149 SPECIAL EXCEPTION WITH SITE PLAN REVIEW Zoning District: C-TS Town-Serving Commercial The application of Carriage House and JHD Associates, LLC, Applicant, relative to property located at 264 S COUNTY RD SUITE: BLDG 1, legal description on file, is described below. A request for a special exception with site plan review approval to allow a private club "Carriage House" to operate at 264 and 270 South County Road in the C-TS Zoning District. The Club will have a membership cap of 248 members based on the principal of equivalency for parking requirements. Lunch seating will be limited to 67 seats, which is the same number of seats 264 Grill restaurant had when owned by Peter Pullitzer in the 1970s. The Club is proposing the following hours of operation: Sunday through Wednesday 11:00 a.m. to 12:00 midnight; Thursday through Saturday 11:00 a.m. to 2:00 a.m. A request for a special exception to provide 68 night-time (after 6pm) supplemental off-site shared parking spaces at 230/240 Royal Palm Way to be used by employees and/or the valet operation for the Carriage House.Z-18-00149 SPECIAL EXCEPTION WITH SITE PLAN REVIEW Zoning District: C-TS Town-Serving Commercial The application of Carriage House and JHD Associates, LLC, Applicant, relative to property located at 264 S COUNTY RD SUITE: BLDG 1, legal description on file, is described below. [Applicant's Representative: Maura Ziska Esq]


		B.	Appeals


			1.	Administrative Appeals relative to the Tennis Courts, Supplemental Parking and Required 10-Foot High Tennis Court Perimeter Fencing on the Lot at 1236 South Ocean Boulevard


		C.	Time Extensions and Waivers


			1.	Waiver of Town Code Section 42-199, For Extended Working Hours 301 Worth Avenue - Chanel

			2.	Waiver of Town Code Section 42-199, For Extended Working Hours at the Temporary Space for Chanel, Located at 150 Worth Avenue


		D.	Variances, Special Exceptions, and Site Plan Reviews


			1.	Old Business


				a.	Z-18-00134 SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S) Zoning District: R-A Estate Residential The application of Charles Holzer, Applicant, relative to property located at 977 S OCEAN BLVD, legal description on file, is described below. 1) Special Exception with Site Plan Review to allow the construction of a 9,685 square foot two-story, single family residence on a non-conforming lot that is 77 feet in depth in lieu of the 150 foot minimum required In the R-A Zoning District and 13,662 square feet in area in lieu of the 20,000 square foot minimum area required in the R-A Zoning District. 2) A request for a variance to allow the proposed swimming pool to have a 5 foot rear yard setback in lieu of the 10 foot minimum required and a 30 foot front yard setback in lieu of the 35 foot minimum required in the R-A Zoning District. 3) A request for a variance to allow a building height plane setback to be 35 feet in lieu of the 50 foot minimum setback required. [Applicant’s Representative: Maura Ziska] [The Architectural Review Commission withdrew this project from their agenda at the December 12, 2018 meeting due to the excessive number of deferral requests. Carried 5-2.]


			2.	New Business


				a.	Z-19-00170 SPECIAL EXCEPTION WITH SITE PLAN REVIEW Zoning District R-B Low Density Residential The application of PALM BEACH TOWN OF, Owner, relative to property located at 320 S LAKE DR SUITE: SITE, legal description on file, is described below. The Town is requesting a special exception with site plan review to reconstruct and expand the Town dock facilities. The reconstruction of the docks include adding additional dock lengths, larger slips; an additional dock; the redesign and reconstruction of the three existing dock buildings; the resurfacing and restriping of the associated parking lots; minimum relocation of driveway entrances, and the building a new seawall in front of the old one. [Applicant's Representative: John Randolph, Esq] [The Architectural Review Commission approved the demolition of the current docks and buildings. Carried 4-3. The Architectural Review Commission deferred the project for one month to the April meeting. Carried 7-0].

				b.	Z-19-00171 VARIANCE(S) Zoning District R-B Low Density Residential The application of Basil Vasiliou, Applicant, relative to property located at 114 SEASPRAY AVE, legal description on file, is described below. The applicant is proposing to construct a two-story infill addition comprising of 49.6 square feet on the first floor for a butler's pantry and 56.6 square feet on the second floor for an office for a total of 106.2 square feet. The following variances are being requested: 1) a cubic content ratio ("CCR") of 4.38 in lieu of the 4.3 existing and the 3.98 maximum allowed in the R-B Zoning District for a lot that is 12,060 square feet in area. 2) a lot coverage of 33.3 percent in lieu of the 32.9 percent existing and the 30 percent maximum allowed in the R-B Zoning District. [Applicant's Representative: Maura Ziska Esq]

				c.	Z-19-00172 VARIANCE(S) Zoning District R-A Estate Residential The application of 3200 Washington, LLC, Applicant, relative to property located at 1055 N OCEAN BLVD, legal description on file, is described below. The applicant is proposing to add a 450 sq. feet addition onto the north side of the second story to balance the roof line to correspond to the south side of the previously approved application to create a symmetrical design and is requesting a north side yard setback of 8 feet in lieu of the 15 foot minimum setback required to add the second story addition. [Applicant's Representative: Joel P Koeppel Esq] [Architectural Review Commission Recommendation: Implementation of the proposed variance will not cause negative architectural impact to the subject property. Carried 6-1. The Architectural Review Commission approved the project as presented. Carried 6-1.]

				d.	Z-19-00173 SPECIAL EXCEPTION WITH SITE PLAN REVIEW Zoning District C-TS Town-Serving Commercial The application of Chanel, Inc. (Ken Ellmer, Treasurer), Applicant, relative to property located at 301 WORTH AVE, legal description on file, is described below. The Applicant seeks approval of a Special Exception with Site Plan Review to renovate and expand the existing Chanel boutique from 9,995 sq. ft. to 12,959 sq. ft. Specifically, there is 2,964 sq. ft. of floor area adjacent to the boutique on both the first and second floor that is vacant. The property owner is requesting to renovate and expand the Chanel store into the vacant retail space. [Applicant's Representative: Harvey E Oyer III Esq]


			3.	Other


				a.	Expired Permits 70 Middle Road


	X.	ORDINANCES


		A.	Second Reading


			1.	ORDINANCE NO. 02-2019 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 Adding A Definition Of Public Structure; Modifying The Definition Of Essential Services To Include Town-Owned Municipal Buildings And Structures, And Modifying The Definition Of Lot To Exclude Town-Owned Or Town-Leased Property; At Article IV, Nonconformities, Section 134-416, Continuation; Definition; Intent, To Exempt Town-Owned Municipal Buildings And Structures Which Are At Least Fifty (50) Years Old From Article IV, Nonconformities, Division 3, Buildings And Structures; At Article VI, District Regulations, Sections 134-790. 134-840, 134-890, 144-945, 134-1000, 134-1055, 134-1109, 134-1159, 134-1209, 134-1259, 134-1304 And 134-1354 To Add Essential Services Related To Town-Owned Municipal Buildings And Structures In All Zoning Districts As A Special Exception Use And Renumbering The Special Exception Uses In Those Sections; Article VIII, Supplementary District Regulation, Section 134-1697, Structures Over Lake Worth By Adding “Buildings” Into The Title And To Allow “Essential Services Related To Town-Owned Buildings And Structures” Over Lake Worth; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date

			2.	ORDINANCE NO. 03-2019 An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending Chapter 106, Streets, Sidewalks And Other Public Places, Town Code Of Ordinances, At Article VIII, Section 106 – 290 By Amending The Definition Of “Moveable Fixture” And At Section 106 – 292 By Amending The Title Of The Section And By Adding A New Subsection 106 – 292(17), Temporary Signs / Podiums Designating Passenger Loading Zones; Providing For Severability; Providing For The Repeal Of Ordinances In Conflict; Providing For Codification; And Providing An Effective Date.

			3.	ORDINANCE NO. 04-2019 An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending Chapter 18, Buildings And Building Regulations, Town Code Of Ordinances; Providing For Severability; Providing For The Repeal Of Ordinances In Conflict; Providing For Codification; And Providing An Effective Date.

			4.	ORDINANCE NO. 05-2019 An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending Chapter 134, Zoning, Town Code Of Ordinances, At Article XI, Signs, Section 134 – 2372, General Regulations Applicable To Permitted Signs, By Adding New Subsections (12) And (13) Relating To The Nailing And Posting Of Signage And Blocking Ingress And Ingress With Signage; Providing For Severability; Providing For The Repeal Of Ordinances In Conflict; Providing For Codification; And Providing An Effective Date.


		A.	First Reading


			1.	ORDINANCE NO. 12-2019 An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 18, Buildings And Building Regulations, Article III, Architectural Review, Division 3, Procedure And Requirements, Section 18-201, Preliminary Sketch; Site Plan; Final Plan By Adding Subsection (D); Providing For Severability; Providing For The Repeal Of Ordinances In Conflict; Providing For Codification; And Providing An Effective Date.
				Josh Martin, Director of Planning, Zoning & Building
			2.	ORDINANCE 14-2019 An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 54, Historical Preservation, Article III, Certificate Of Appropriateness, Division 2, Procedures And Effect, By Adding Section 54-99, Construction Screening Plan; Providing For Severability; Providing For The Repeal Of Ordinances In Conflict; Providing For Codification; And Providing An Effective Date.


	XI.	ANY OTHER MATTERS


	XII.	ADJOURNMENT

PLEASE TAKE NOTE:

Note 1:	No written materials received after 12:00 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 12:00 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.