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 10, 2019

9:45 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

Gail L. Coniglio, Mayor

Danielle H. Moore, President

Margaret A. Zeidman, President Pro Tem

Julie Araskog

Lew Crampton

Bobbie Lindsay

II.INVOCATION AND PLEDGE OF ALLEGIANCE
III.PRESENTATIONS
A.An Approach to Zoning Reform and Process Improvement in the Town of Palm Beach, Florida
Josh Martin, Director of Planning, Zoning & Building
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.PUBLIC HEARINGS
A.RESOLUTION NO. 27-2019 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 911 North Ocean Boulevard, 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.
B.RESOLUTION NO. 28-2019 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 124 Clarke Avenue, 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.
IX.DEVELOPMENT REVIEWS
A.Time Extensions and Waivers
1.Permit Extension, 232 Colonial Lane
B.Variances, Special Exceptions, and Site Plan Reviews
1.Old Business
a.Z-18-00108 SPECIAL EXCEPTION WITH VARIANCE(S) Zoning District: C-TS Town Serving Commercial The application of Palm Beach Hotel Condominium Association, Inc., Applicant, relative to property located at 235 SUNRISE AVE SUITE: CM 23, legal description on file, is described below. A request for a variance and a special exception to expand a non conforming use ("hotel") to incorporate a 3,200 square foot space on the ground floor to be used as a gym which is an accessory use to the condominium hotel. [Applicant's Representative: Maura Ziska Esq] If approved, consideration of proposed Declaration of Use Agreement.
b.

Z-18-00138 SPECIAL EXCEPTION WITH SITE PLAN REVIEW  Zoning District: R-B Low Density Residential  The application of Palm Beach Day Academy, Inc., Applicant, relative to property located at 241 SEAVIEW AVE SUITE: SITE, legal description on file, is described below.   1. Request for Special Exception with Site Plan Review approval to create 30 paved parking spaces on the west lawn to be used by Palm Beach Day Academy faculty, families and guests to the school. 2. Request to modify the existing Declaration of Use Agreement (a copy of the Agreement is on file at the Town of Palm Beach Building Department).  [Applicant's Representative: Maura Ziska Esq] [The Landmarks 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 4-1.  The Landmarks Preservation Commission deferred the project to the April 17, 2019 meeting at the request of the attorney.  Carried 7-0.]

Request for Deferral to the May 15, 2019 Town Council Meeting per Letter Dated March 28, 2019 from Maura Ziska.

c.Z-19-00174 VARIANCE(S)  Zoning District R-C Medium Density Residential  The application of Zachary Potter, Applicant, relative to property located at 254 N COUNTY RD, legal description on file, is described below. Request for a variance to allow a swimming pool at the northwest corner of the property with a 1.5 foot rear yard setback in lieu of the 10-foot minimum setback required.  [Applicant's Representative:  Maura Ziska Esq]
2.New Business
a.Z-19-00175 VARIANCE(S)  Zoning District: R-B Low Density Residential  The application of Michael and Gayle Kalisman, Applicant, relative to property located at 146 DUNBAR RD, legal description on file, is described below.  Request for a variance to allow the construction of a 324 square foot canvas carport/awning with a west side yard setback of 2.0 feet in lieu of the 12.5 feet minimum required.  [Applicant's Representative: Maura Ziska Esq]
b.Z-19-00176 SPECIAL EXCEPTION WITH SITE PLAN REVIEW  Zoning District:  C-TS  Town-Serving Commercial  The application of La Goulue Palm Beach, LLC (Craig Pogson, Its Manager), Applicant, relative to property located at 288 S COUNTY RD, legal description on file, is described below.  This application requests Special Exception approval to authorize a proposed restaurant, which exceeds 3,000 square feet of gross leasable area at the space currently occupied by Chez L'Epicier. The most recent restaurant approval for this location took place in October, 2014, and was modified in 2016. That restaurant, Chez L'Epicier, was approved for 4,454 square feet and 138 seats, and included valet parking. Approved hours of operation were: Dinner Wednesday through Sunday, 3:00 pm to midnight; Brunch and dinner Saturday and Sunday 10:30 am to midnight; Occasional special events weekdays or Monday and Tuesday night, not past midnight. In 2016, the hours of operation were modified to add dinner on Monday and Tuesday. This restaurant, La Goulue, requests the same square footage (4,454), number of seats (138), valet operation, and hours of operation as past approvals except that the request includes modifying the Declaration of Use Agreement to allow lunch on weekdays. A special exception is also requested for 12 outdoor seats, to be located on the north side of the building. The applicant also requests site plan modification to modify the awnings and restore the main restaurant entrance to its historic location on the northeast facade of the building.   [Applicant's Representative: James M. Crowley Esq ] [The Landmarks Preservation Commission approved the project as presented.  Motion carried 5-2]
c.Z-19-00177 VARIANCE(S)  Zoning District R-B  Low Density Residential  The application of Oliver H. (Piper) Quinn, Applicant, relative to property located at 165 SEASPRAY AVE, legal description on file, is described below.  Request for a variance to allow construction of a new two-story house with a one car garage in lieu of the two-car garage minimum required for a lot over 75 feet wide.  [Applicant's Representative: Maura Ziska Esq]
d.

Z-19-00178 VARIANCE(S)  Zoning District R-C  Medium Density Residential The application of 237 Brazilian Ave LLC (Todd Glaser, Manager), Applicant, relative to property located at 237 BRAZILIAN AVE SUITE: SITE, legal description on file, is described below.  A request to allow construction of a new two story, two family residence (5.852 square foot each) with the following side yard setbacks: 1) A request for a variance to allow a west side yard setback of 13 feet in lieu of the 15 foot minimum required for the second floor in the R-C Zoning District for a two family residence; and 2) A request for a variance to allow an east side yard setback of 13 feet in lieu of the 15 foot minimum required for the second floor in the R-C Zoning District for a two family residence.  [Applicant's Representative: Maura Ziska Esq]

e.Z-19-00179 VARIANCE(S)  Zoning District  R-B  Low Density Residential  The application of 111 Atlantic Avenue LLC (Todd Glaser, Manager), relative to property located at 111 ATLANTIC AVE, legal description on file, is described below.  A variance request to allow construction of a new 7,272 square feet two (2) story, single-family residence with an 11 foot rear yard setback for the second floor in lieu of the 15 foot minimum required.  [Applicant's Representative: Maura Ziska Esq]
f.

Z-19-00180 SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S)  Zoning District R-A  Estate Residential  The application of 910 S Ocean LLC (Tom Campbell), Applicant), relative to property located at 910 S OCEAN BLVD, legal description on file, is described below.   1. Request Site Plan approval to permit construction of a new 17,527 square foot, two story residence on a platted lot with a depth of 128.42 in lieu of the 150 foot minimum required in the R-A Zoning District. 2. Request a variance to allow a point of measurement of 21.5 NAVD ("North American Vertical Datum"} in lieu of the 18.34 NAVD maximum allowed for properties east of the Coastal Construction Control Line. 3. Request for a special exception to permit construction of a new 500 square foot beach cabana east of South Ocean Boulevard. 4. Request for a special exception to permit the construction of a pedestrian tunnel for access under South Ocean Boulevard to the beach parcel. 5. Request a variance to allow a retaining wall along the west property line in the side yard and front yard setbacks to be a range of 11.4 feet to 11.8 feet in height in lieu of the 6 and 7 foot maximum allowed in the front yard and side yard setbacks.  [Applicant's Representative: Maura Ziska Esq]  [Architectural Review Commission 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 Review Commission approved the project as presented.  Carried 7-0.]

g.Z-19-00181 SPECIAL EXCEPTION WITH SITE PLAN REVIEW  Zoning District:  R-B Low Density Residential  The application of Royal Poinciana Chapel, relative to property located at 60 COCOANUT ROW SUITE: CHAPEL, legal description on file, is described below.   The Royal Poinciana Chapel is requesting that the existing columbarium building be expanded to include a 320 square foot open-air masonry addition on the north side of the existing open-air columbarium building located on the southwest side of the property. Floor and beam elevations, masonry construction, finishes, building height, flat roof and pitch roof will match the existing. In addition, the request also includes an emergency 200 kw generator with built enclosure and is proposed to be located on the rear (south) side of the existing columbarium building in the existing equipment area if required in determining the existing loads. Perimeter site walls will be added to screen equipment pursuant to code. The existing landscape and hardscape will be modified surrounding the addition, relocating existing plant material and adding a connecting walk and contemplative seating areas. [Applicant's Representative: John Cater Randolph II Esq]
h.

Z-19-00182 VARIANCE(S)  Zoning District R-A Estate Residential  The application of Victor Spilotro, Applicant, relative to property located at 200 VIA BELLARIA, legal description on file, is described below. Request for a variance to allow the placement of a total of nine (9) new air conditioning condensing units within the side yard and rear yard setbacks associated with the renovation of the residence. The proposed air conditioning units would require the following variances: 1. An east side yard setback of 5 feet in lieu of the 15 foot minimum required for the placement of five air conditioning units. 2. A west side yard setback of 7.2 feet in lieu of the 15 foot minimum required for the placement of three air conditioning units. 3. Use of the walls on the neighboring properties to the east, west and south in lieu of constructing new walls on the applicant's property for screening.  [Applicant's Representative: Maura Ziska Esq]

i.Z-19-00183 VARIANCE(S)  Zoning District:  R-B  Low Density Residential  The application of JRL 360 LLC (James R. Loewenberg, Manager), Applicant, relative to property located at 217 VIA TORTUGA, legal description on file, is described below.  Applicant is proposing to construct a 261 square foot second story addition over the existing first floor to accommodate an additional bedroom and will require a variance to allow a cubic content ratio ("CCR") of 4.7 in lieu of the 4.54 existing and the 3.9 maximum allowed in the R·B Zoning District.  [Applicant's Representative: Maura Ziska Esq]
j.

Z-19-00184 SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S)  Zoning District:  CT-S  Commercial Town Serving  The application of NED 223 SUNSET OWNER LLC, relative to property located at 223 SUNSET AVE SUITE: SITE, legal description on file, is described below.  The applicant is proposing interior and exterior renovations to the existing office building, to upgrade and expand the office portions of the building, and to convert a portion of the existing first-floor office space to restaurant use in order to accommodate the relocation of Trevini Ristorante to this location. The leasable area of office will be expanded from 13,699 SF to 15,602 SF by eliminating a portion of the parking garage. The proposed restaurant will occupy 2,856 SF of interior space with 106 total seats, 30 of which will be located in an outdoor covered seating area of 840 SF. The requested hours of operation for the restaurant are: Lunch 11:30 am - 3:00 pm, Dinner 5:00 pm - 10:30 pm seven days a week, the following approvals are requested: Site Plan Review approval is being requested for the exterior changes to the site. Special exceptions are being requested for on-site shared parking in the C-TS district and outdoor seating to allow 30 seats on the new covered patio for Trevini Ristorante. A variance to allow 7,207 SF of office space on the first floor in lieu of the second floor and a parking variance reflecting the difference between parking demand utilizing shared parking (52 spaces) as calculated by Kimley-Horn and Associates in its February 20, 2019 Parking Study and the 47 existing spaces, a variance of 5 off-street parking spaces.  [Applicant's Representative: James M. Crowley Esq] [Architectural Review Commission 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 Review Commission approved the project with conditions relating to the architecture, with the exception of the design of the tower element, which will return to the Commission's April 24, 2019 meeting.  Carried 7-0.]

3.Other
a.

Expired Permits

70 Middle Road

X.ORDINANCES
A.Second 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.
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.
A.First Reading
1.

ORDINANCE NO. 10-2019 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, At Article Viii, Supplementary District Regulations, At Section 134-1516. Underground Location Of Utility Service Lines, By Excluding Boxes Housing Essential Services From Lot Coverage And Landscape Open Space Calculations;  Creating Section 134-1518, Which Prohibits  The Docking Or Storage Mobility Stations For Shared Scooters In The Town; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date.

2.

ORDINANCE NO. 11-2019 An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 106, Streets, Sidewalks And Other Public Places, As Follows: At Article Ii, Streets, In Creating Section 106-49, Titled Unlawful To Dock, Store Or Park Motorized Or Non-Motorized Shared Scooters, Making It Unlawful To Dock, Store Or Park Motorized Or Non-Motorized Shared Scooters On Public Or Private Streets; And Creating Section 106-161,  Titled Unlawful To Dock, Store Or Park Motorized Or Non-Motorized Shared Scooters, Making It Unlawful To Dock, Store Or Park Shared Motorized Or Non-Motorized Scooter On Sidewalks; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; 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.