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

June 12, 2019

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

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.COMMENTS OF MAYOR GAIL L. CONIGLIO
IV.COMMENTS OF TOWN COUNCIL MEMBERS AND DIRECTOR OF PLANNING, ZONING AND BUILDING
V.COMMUNICATIONS FROM CITIZENS - 3 MINUTE LIMIT PLEASE
VI.APPROVAL OF AGENDA
VII.RESOLUTIONS
A.RESOLUTION NO. 47-2019  A Resolution Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Authorizing Ad Valorem Tax Exemptions For  8 South Lake Trail And Stating That The Subject Property Meets The Criteria Set Forth In Chapter 54, Article V Of The Code Of Ordinances Of The Town Of Palm Beach, Relating To Landmarks Preservation And Titled “Tax Exemptions.”
VIII.DEVELOPMENT REVIEWS
A.Time Extensions and Waivers
1.

Waiver of Town Code Section -  For Extended Working Hours at

Bradley Place Chase Bank

285 Sunrise Avenue

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

Z-19-00194 SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S)  Zoning District:  C-TS  Town-Serving Commercial  The application of Bradley Park Owner LLC (Ned Manager LLC, Manager), Applicant, relative to property located at 280 SUNSET AVE SUITE: SITE, legal description on file, is described below. The applicant is requesting special exception approval for a proposed restaurant of 2,998 square feet (indoor area) and 184 seats at The Bradley Park Hotel. The project will include 118 interior restaurant seats (of which 20 are bar seats) and 66 courtyard seats (of which 8 are bar seats) for a total of 184 lunch and dinner seats. Eighteen of the restaurant seats will come from the principle of equivalency from the former C’est Si Bon Gourmet Grocery retail space. The applicant is also requesting approval for valet parking at lunch and dinner. Requested hours of operation are 7:00am to 11:00pm, seven days a week. In addition to a special exception for a restaurant change of ownership, the following associated approvals are requested: A variance from Code Section 134-2176(9), schedule of off-street parking for restaurants. The new restaurant proposes 184 seats, which would require 53 parking spaces (after subtracting 18 seats available from the principle of equivalency); 30 parking spaces will continue to be provided pursuant to an existing off-site parking agreement, which formerly served Trevini Ristorante. A variance is requested for 23 parking spaces. A variance from Code Section 134-2373(10) to provide a sign on the pergola awning at the new hotel entrance. A special exception for 66 outdoor seats in the courtyard, per Code Section 134-1111(a). A special exception for 30 shared off-site required off-street parking spaces, per code Section 134-2177(3). Site plan review, including for a generator with an output capability of 250 kW, per Code Section 134-1729(2)(c). The proposed generator will be internal to the hotel building.  [Applicant's Representative: James M. Crowley, Esq]

b.Z-19-00196 SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S)  Zoning District:  R-B Low Density Residential  The application of Gerald Magrini, Applicant, relative to property located at 135 CHILEAN AVE, legal description on file, is described below. Special Exception and Site Plan Review to allow the renovation of a one-story, single family house, demolition of a pool house, and construction of a 679 square foot guest house on a non-conforming lot, comprised of a portion of a platted lot, which is 58 feet in width in lieu of the 100-foot depth required in the R-B Zoning District. The proposed renovation and demolition exceed 50% of the cubic volume. In connection with the renovation, the following variances are being requested: 1. Section 134-893(7)a: Request to expand the existing house with a west side yard setback of 5.2 feet in lieu of the 12.5-foot minimum required in the R-B Zoning District. 2. Section 134-893(7)a: Request to expand the existing house with an east side yard setback of 6.8 feet in lieu of the 12.5-foot minimum required in the R-B Zoning District. 3. Section 134-893(5)a: Request to expand the existing house with a front yard setback of 24.6 feet in lieu of the 25-foot minimum required in the R-B Zoning District. 4. Section 134-893(9)a: Request to construct a guest house on the north side of the property with a rear yard setback of 6 feet in lieu of the 10-foot minimum required in the R-B Zoning District. In addition to the zoning requests, the Applicant is seeking relief from the Standards Applicable to Public Rights-of-Way and Easements with the Town of Palm Beach, thereby allowing the existing driveway to be 2.5 from the edge of the east property line in lieu of the 6-foot requirement. [Applicant's Representative:  David E. Klein Esq]  [Architectural Review Commission Recommendation:  Implementation of the proposed special exception with site plan review and variance(s) will not cause negative architectural impact to the subject property.  Carried 7-0.  The Architectural Review Commission approved the project with a condition relating to the architecture.  Carried 7-0]
c.Z-19-00197 SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S)  Zoning District:  R-B Low Density Residential  The application of Dan and Karen Swanson, Applicant, relative to property located at 205 VIA TORTUGA, legal description on file, is described below. Special Exception with Site Plan Review to allow the construction of a new 13,523 square foot, two-story single-family residence on a lot that is 77 feet in width in lieu of the 100 foot minimum required R-B Zoning District. The following variance is being requested in conjunction with this application: 1) Allow the pool cabana to be separated from the main house by 19.25 feet in lieu of the 25 foot minimum separation required when calculating the angle of vision. [Applicant's Representative:  Maura Ziska Esq]  [Architectural Review Commission Recommendation: Implementation of the proposed special exception with site plan review and variance(s) will not cause negative architectural impact to the subject property. Carried 7-0. The Architectural Review Commission approved the architectural portion of the project with conditions relating to the architecture and deferred the landscape and hardscape plans for one month. Carried 7-0]
IX.ORDINANCES
A.Second Reading
1.ORDINANCE NO. 16-2019  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 V, Coastal Construction Code, As Follows; Providing For Severability; Providing For The Repeal Of Ordinances In Conflict; Providing For Codification; And Providing An Effective Date.
2.

ORDINANCE NO. 17-2019  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 VI, District Regulations, Sections 134-791, 134-841, 134-891, 134-946, Accessory Structures, By Clarifying The Ten Foot Minimum Side And Rear Setback Requirement For Unenclosed Accessory Structures; Sections 134-1107 And 134-1207, Permitted Uses, And 134-1109 And 134-1209, Special Exception Uses, By Making Residential Use Above The First Floor A Permitted Use Rather Than Special Exception Use In The C-TS And C-OPI Commercial Zoning Districts; Section 134-1157, Permitted Uses, By Clarifying That Residential Use Above The First Floor In The C-WA Commercial Zoning District Is A Permitted Use; Sections 134-1109, 134-1159, 134-1209 And 134-1304, Special Exception Uses, In The C-TS, C-WA, C-OPI And C-B Commercial Zoning Districts, By Eliminating Broad Language Which Allows By Special Exception Either Any Retail And Service Activity Or Commercial Use Over The Maximum Town-Serving Threshold Provided Said Use Demonstrates That It Is Town-Serving And Replacing With Language Allowing Permitted Uses Or Uses Not Specifically Enumerated As A Permitted Use Provided Said Uses Demonstrate They Will Have Traffic, Patronage And Intensity Of Use Characteristics Similar To Permitted Uses In Those Commercial Zoning Districts; Creating New Sections 134-1472 And 134-1473, Permitted And Special Exception Uses And Structures In The B-A, Beach Area Zoning District, And Renumbering Existing Sections Of The Code To Follow; At Article VIII, Supplementary District Regulations, Creating Section 134-1519 Which Prohibits The Docking, Parking And Storage Stations For Shared Bicycles And Shared Dockless Bicycles In The Town; At Article XI, Signs, Section 134-2437, Building Identification, Business Identification And Property Identification Signs, And 134-2438, Size Of Sign, By Modifying Existing Language To Provide Clearer Business Identification Sign Regulation Language And By Allowing Business Identification Signage Based On Business Frontage And Not On First Floor Tenant Frontage; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date

 

 

3.

ORDINANCE NO. 18-2019  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 106-50, Titled Unlawful To Dock, Store Or Park Motorized Or Non-Motorized Shared Bicycles And Dockless Bicycles, Making It Unlawful To Dock, Store Or Park Motorized Or Non-Motorized Shared Bicycles And Dockless Bicycles On Public Or Private Streets; And Article V, Sidewalks, Creating Section 106-162, Titled Unlawful To Dock, Store Or Park Motorized Or Non-Motorized Shared Bicycles And Dockless Bicycles, Making It Unlawful To Dock, Store Or Park Shared Motorized Or Non-Motorized Bicycles And Dockless Bicycles On Any Public Or Private Sidewalk, Via Or Esplanade; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date.

 

4.ORDINANCE NO. 19-2019  An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 42, Environment, Article II, Conditions On Private Property, Divisions 1 And 2, As Follows; Providing For Severability; Providing For The Repeal Of Ordinances In Conflict; Providing For Codification; And Providing An Effective Date.
5.ORDINANCE NO. 20-2019  An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 88, Property Maintenance Code, As Follows; Providing For Severability; Providing For The Repeal Of Ordinances In Conflict; Providing For Codification; And Providing An Effective Date.
X.ANY OTHER MATTERS
XI.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.