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

August 14, 2019

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

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.Presentation on the Palm Beach Hotel Master Plan
Rick Gonzalez, REG Architects
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
IX.DEVELOPMENT REVIEWS
A.Appeals
1.

Appeal - 1236 S. Ocean Blvd., Tow Away Signs

Josh Martin, Director of Planning, Zoning & Building
2.

Appeal - 1236 S. Ocean Blvd., Hitting Wall

Josh Martin, Director of Planning, Zoning and Building
B.Variances, Special Exceptions, and Site Plan Reviews
1.Old Business
a.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 on the north side of the property that will require the following variances to be requested: 1) a 10.33 foot front/street side yard setback along North County Road in lieu of the 15 foot minimum required; 2) a 2.5 foot north/side yard setback in lieu of the 10 foot minimum required; 3) a 3.5 foot west/rear yard setback in lieu of the 10 foot minimum required; and 4) a new six (6) foot wall along North County Road that will be setback 18 inches from the property line in lieu of the 3 foot minimum required. [Applicant's Representative: Maura Ziska Esq]
b.Z-19-00202 VARIANCE(S)  Zoning District: R-C Medium Density Residential  The application of Justin and Meira Besikof, Applicant, relative to property located at 307 CHILEAN AVE, SUITE: SITE, legal description on file, is described below.  A request to construct a new 3,937.50 square foot, two-story residence on a lot with a width of 50 feet in lieu of the 75 foot minimum required and a lot area of 6,250 sq. ft. in lieu of the 10,000 sq. ft. minimum required in the R-C Zoning District. [Applicant's Representative: Maura Ziska Esq]  [Architectural Review Commission Recommendation: Implementation of the proposed variance will not cause negative architectural impact to the subject property.  The Architectural Review Commission approved the proposed project as presented.  Carried 5-2.]  
2.New Business
a.Z-19-00206 VARIANCE(S)  Zoning District:  R-B Low Density Residential  The application of Kim S. Fennebresque, Applicant, relative to property located at 225 BARTON AVE, legal description on file, is described below.
A request for a variance to construct an 85.5 square foot second story addition for a master bedroom to the front of the residence which will require the following variances: 1. A front yard setback of 24.79 feet in lieu of the 30 feet allowed for the second floor in the R-B Zoning District; and 2. A cubic content ratio (CCR) of 4.31 in lieu of the 4.24 existing and the 3.99 maximum allowed in the R-B Zoning District.  [Applicant's Representative: Maura Ziska Esq]
b.Z-19-00207 SPECIAL EXCEPTION WITH SITE PLAN REVIEW  Zoning District: R-A  Estate Residential  The application of Palm Beach County Club, Inc. (Ronald Passaggio, Manager), Applicant, relative to property located at 760 N OCEAN BLVD SUITE: MAINTENANCE BLDG, legal description on file, is described below.
A request for Special Exception Approval with Site Plan Review to allow construction of an additional 312 square feet onto the existing fertilizer building in the service yard for the golf course of the Club.
[Applicant's Representative: Maura Ziska Esq]
c.Z-19-00208 VARIANCE(S)  Zoning District: R-B  Low Density Residential  The application of James L. and Sara B. McCann, Applicant, relative to property located at 217 BAHAMA LN, legal description on file, is described below.
Request for a variance to allow a swimming pool with a rear yard setback of 6'2" in lieu of the 10-foot minimum setback required.  [Applicant's Representative: Maura Ziska Esq]
d.Z-19-00209 VARIANCE(S)  Zoning District: R-B Low Density Residential  The application of Mr. and Mrs. David L. Porges, Applicant, relative to property located at 650 ISLAND DR, legal description on file, is described below.
A request for a variance to construct a sunroom on the northeast comer of the property with a cubic content ratio of 4.11 in lieu of the 3.94 existing and the 3.94 maximum allowed in the R-B Zoning District. [Applicant's Representative: Maura Ziska Esq]
e.Z-19-00210 VARIANCE(S)   Zoning District: R-B Low Density Residential  The application of David Saunders, Applicant, relative to property located at 1098 N LAKE WAY, legal description on file, is described below.
A variance request to allow a new boat lift to be located 18 feet from the south riparian property line in lieu of the 25 feet required per section 62-75 of the Town Code.  [Applicant's Representative: Maura Ziska Esq]
f.Z-19-00211 SPECIAL EXCEPTION WITH SITE PLAN REVIEW  Zoning District: C-PC Planned Center  The application of 305 Concepts Palm Beach, LLC d/b/a Coyo Taco, Applicant, relative to property located at 340 ROYAL POINCIANA WAY SUITE: M337, legal description on file, is described below.
On March 15, 2017, the Town Council approved Special Exception #5-2017, which authorized Coyo Taco to operate a restaurant containing more than 3000 S.F. in the C-PC zoning district at Suites #337A and M 333 of the Royal Poinciana Plaza. The approval was conditioned upon execution of a Declaration of Use Agreement, which did not permit Coyo Taco to have a disc jockey. This application seeks to amend the existing Declaration of Use Agreement to allow the restaurant to have a DJ on Tuesday, Friday and Saturday nights, in addition to special events. The hours requested for the DJ are 8:00pm to 12:00pm on Tuesday nights and 8:00pm to 1:00am on Friday and Saturday nights and for special events. The DJ will be confined to the interior of Coyo Taco. No physical changes to the previous approval are requested.
The Declaration of Use Agreement also required Coyo Taco to return to the Town Council to demonstrate compliance with the Town Serving requirement. Coyo Taco has collected data confirming that the Town Serving requirement is met. This information will be presented to the Town Council during the public hearing on this application.  [Applicant's Representative: James M. Crowley Esq]
g.Z-19-00215 VARIANCE(S)  Zoning District: R-B Low Density Residential  The application of 456 South Ocean LLC, a Florida limited liability company (c/o Maura Ziska), applicant, relative to property located at 101 GULFSTREAM RD, legal description on file, is described below.
The applicant is requesting a revision to the previously approved plan to replace an unattached open trellis structure with an enclosed glass pavilion with a copper roof. The following variances are being requested: 1. a cubic content ratio of 4.19 in lieu of the 3.96 maximum allowed in the R-B Zoning District; and 2. a height of 16.25 feet in lieu of the 15-foot maximum allowed in the R-B Zoning District.  [Applicant's Representative: Maura Ziska Esq]
3.Other
a.Permit Extension, 425 Chilean Avenue
X.ORDINANCES
A.Second Reading
1.ORDINANCE NO. 26-2019 An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending Chapter 2, Administration, Town Code Of Ordinances, At Article V, Code Enforcement, Division 3, Procedure, Section 2-439, Citation Fine Schedule And Table, To Include New Sections 106-49, 106-50, 106-161, And 106-162; Providing For Severability; Providing For The Repeal Of Ordinances In Conflict; Providing For Codification; And Providing An Effective Date.
Wayne Bergman, Assistant Director of Planning, Zoning & Building
A.First Reading
1.ORDINANCE NO. 33-2019  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 (e), Construction Staging and Truck Logistics Plan; Providing for Severability; Providing for the Repeal of Ordinances in Conflict; Providing for Codification; and Providing an Effective Date.
Wayne Bergman, Assistant Director of Planning, Zoning & Building
2.

ORDINANCE NO. 34-2019  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 addition Section 54-100, Construction Staging and Truck Logistics Plan; Providing for Severability; Providing for the repeal of Ordinances in Conflict; Providing for Codification; and Providing and Effective Date.

Wayne Bergman, Assistant Director of Planning, Zoning & Building
XI.ANY OTHER MATTERS - TIME CERTAIN 5:00 P.M.
A.Discussion on Demolitions
B.

Code Reform - Proposed Scope and Schedule

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.