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 11, 2021

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

Danielle H. Moore, Mayor
Margaret A. Zeidman, President
Bobbie Lindsay, President Pro Tem
Julie Araskog
Ted Cooney
Lew Crampton

II.INVOCATION AND PLEDGE OF ALLEGIANCE
III.COMMENTS OF MAYOR DANIELLE H. MOORE
IV.COMMENTS OF TOWN COUNCIL MEMBERS
V.COMMUNICATIONS FROM CITIZENS - 3 MINUTE LIMIT PLEASE
VI.APPROVAL OF AGENDA
VII.DISCUSSION ITEMS
A.280 Sunset Avenue - White Elephant Historic Tax Exemption
B.Recognition and Discussion of Increased ARCOM Workload and Applications
VIII.DEVELOPMENT REVIEWS
A.Appeals
1.

ARCOM Appeals of B-063-2020 160 Royal Palm Way 

2.ARCOM Appeal of A-051-2021, 2 S. County Rd
B.Variances, Special Exceptions, and Site Plan Reviews
1.Old Business
a.Z-21-00349 SITE PLAN REVIEW  Zoning District: R-B Low Density Residential  The application of STEPHEN LIVADITIS (CONTRACT PURCHASER), applicant, relative to property located at 200 BAHAMA LN, legal description on file, is described below.  Section 134-893(b): Site Plan Review to allow the construction of a 5,856 square foot two story, single family residence on a non conforming platted lot that is 90.17 feet in depth in lieu of the 100 foot minimum required in the R-B Zoning District.  [Applicant's Representative: Maura Ziska Esq]  [The Architectural Review Commission deferred the project to their August 25, 2021 meeting.  Carried 7-0.]  Staff Recommends Deferral to the September 13, 2021 Meeting.
 
b.Z-21-00359 SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S)  Zoning District: R-A Estate Residential / B-A   Beach Area  The application of 870 S OCEAN LLC (TODD GLASER, MANAGER), Owner, relative to property located at 870 S OCEAN BLVD, legal description on file, is described below.   Section 134-840: Request for a Special Exception with Site Plan Review to allow construction of a 435 square foot beach cabana (20' x 25') with a 250 square foot pool and a new seawall in the R-A/B-A Zoning District. Section 134-1474(a): Request for a variance to construct a 435 square foot beach cabana that is on a lot with frontage of 101.53 feet in lieu of the 125 feet required for lot width in the B A Zoning District for beach area property adjacent to R-A Zoning District. Section 134-1701 and 62 37: Request for a variance to construct a new 100.5' seawall three feet east of the existing seawall which is east of the Town of Palm Beach bulkhead line 6'2" at the south end and 6'0" at the north end, in lieu of the seawall being placed directly on the bulkhead line. The proposed new seawall will align with the recently constructed seawall at 880 South Ocean Boulevard.  [Applicant's Representative: Maura Ziska Esq]  [Architectural Review Commission Recommendation:  Implementation of the proposed variances will cause negative architectural impacts to the subject property.  Carried 6-1.]  [The Architectural Review Commission denied the project at their May 26, 2021 meeting.  Carried 6-1.]  Staff Recommends Deferral to the September 13, 2021 Meeting
 
c.

Z-20-00289 SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S)  160 ROYAL PALM WAY   

 Consideration of the Construction Management Agreement

Staff Recommends Deferral to the September 13, 2021 Meeting

d.Z-20-00311 SPECIAL EXCEPTION WITH VARIANCE(S)  Zoning District: C-TS Town Serving Commercial  The application of Bricktop's Palm Beach, applicant, relative to property located at 375 S COUNTY RD, legal description on file, is described below.  Section 134 1109 (14): Modification to previously approved Special Exception with Site Plan Review is being requested for Bricktop's restaurant to add 40 outdoor seats for lunch and dinner in the north courtyard adjacent to the existing restaurant. The additional seating will increase the seating from 150 indoor and patio seats to 190 seats. The current approval allows 52 seats of the 150 seats to be outside on the south patio. Section 134 2176: a variance is being requested to provide zero (0) on site parking spaces in lieu of the 13 parking spaces that are required for the additional 40 outdoor seats.  [Applicant's Representative: Maura Ziska Esq]
e.Z-21-00333 VARIANCE(S)  Zoning District: R-B Low Density Residential  The application of 04TST101NIGHTINGALE LLC, applicant, relative to property located at 101 NIGHTINGALE TRL, legal description on file, is described below.   Section 134 893(13): The applicant is proposing to construct a 70 square foot one story bathroom addition and two Dutch gables that will be added to the courtyard elevations of the pool cabana and kitchen which will increase the cubic content ratio ("CCR") to 5.24 In lieu of the 5.01 existing CCR and the 3.9 maximum CCR allowed in the R B Zoning District.  [Applicant's Representative: Maura Ziska Esq]  [The Architectural Review Commission deferred the project to their August 25, 2021 meeting.  Carried 7-0.]   Staff Recommends Deferral to the September 13, 2021
f.Z-21-00343 SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S)   Zoning District: R- A Estate Residential  The application of 130 ALGOMA LLC (LEE FENSTERSTOCK, MANAGER), applicant, relative to property located at 130 ALGOMA RD, legal description on file, is described below.   Section 134-229, Section 134-329, and Section 134-843(b): Special Exception with Site Plan Review to allow the construction of a new, two-story 6,448.55 square foot residence while preserving the existing one story nonconforming garage on a lot with an area of 15,708 square feet in lieu of the 20,000 square foot minimum required; a lot depth of 142.33 feet in lieu of the 150 foot minimum required; and a lot width of 111.89 feet in lieu of the 125 foot minimum required; all in the R-A Zoning District. The following variances are being requested: 1) Section 134-843(8): to allow the existing east side yard setback to remain at 8.75 feet in lieu of the 15 foot minimum required to keep the existing non­conforming garage. 2) Section 134-843(7): to allow the building height plane setback to be 46.1 feet in lieu of the 48.33 foot minimum setback required.  [Applicant's Representative: Maura Ziska Esq]   [The Architectural Review Commission deferred this project to the September 29, 2021 meeting.  Carried 7-0.]   Staff Recommends a Deferral to the October 13, 2021 Meeting
g.Z-21-00345 VARIANCE(S)  Zoning District: R-A Estate Residential  The application of PAUL A. KRASKER, AS TRUSTEE OF THE 720 SOUTH OCEAN BOULEVARD LAND TRUST DATED SEPTEMBER 20, 2020, applicant, relative to property located at 720 S OCEAN BLVD, legal description on file, is described below.   The applicant is requesting approval to renovate and construct additions to the north side of the landmarked residence known as "El Salono" to include a new 486 square foot pool cabana and a 1,159 square foot second and third story addition. The following variances are being requested: 134 843(8): a north side yard setback ranging from 2.6 feet to 5.9 feet for the 2nd and 3rd story additions in lieu of the 15 foot minimum required in the R-A Zoning District. 134-843(8): a north side yard setback of 4.9 feet for the pool cabana in lieu of the 15 foot minimum required in the R-A Zoning District. 134-843(10): a building height of 26.33 for the proposed 3rd story addition in lieu of the 25 foot maximum allowed in the R-A Zoning District. Section 134-844: A request for variance to construct a 3rd story addition where only two stories is the maximum allowed in the R-A Zoning District under the existing zoning code.  [Applicant's Representative: Maura Ziska Esq]  [Landmarks Preservation Commission Recommendation:  Implementation of the proposed variances will not cause negative architectural impact to the subject property.  Carried 7-0.]  [The Landmarks Preservation Commission approved this project with conditions to the architecture at their June 16, 2021 meeting.  Carried 7-0.] 
h.Z-21-00353 SITE PLAN REVIEW  Zoning District: R-A Estate Residential  The application of TODD GLASER, applicant, relative to property located at 1080 S OCEAN BLVD, legal description on file, is described below.   Section 134-843(b): Request for Site Plan Review to allow the construction of a 9,485 square foot two story, single family residence on a non conforming platted lot that is 17,567 square feet in area in lieu of the 20,000 square foot minimum required in the R-A Zoning District.  [Applicant's Representative: Maura Ziska Esq]  [The Architectural Review Commission deferred the project to the August 25, 2021 meeting.  Carried 7-0.]  Staff Recommends a Deferral to the September 13, 2021 Meeting
 
i.Z-21-00356 SPECIAL EXCEPTION WITH SITE PLAN REVIEW  Zoning District: C-TS Town Serving Commercial  The application of BUCCAN (SAM SLATTERY), relative to property located at 350 S COUNTY RD SUITE: 100, legal description on file, is described below.   Section 134-1109 and Section 134 1112: Modification to a previously approved special exception use with site plan approval for the sandwich take out counter business for Buccan Restaurant to request the following: (a) to install two (2) new awnings to match existing awnings; (b) to modify the storefront to include a new door in the existing opening; (c) to modify an interior floor plan of the sandwich shop (no seats are being proposed); (d) to modify the hours of operation to be 7:00 AM to 3:00 PM (previously approved were 11:00 AM  3:00 PM)  [Applicant's Representative: Maura Ziska Esq]
 
j.Z-21-00360 VARIANCE(S)  Zoning District: R-B Low Density Residential  The application of MICHAEL & PAMELA CLINE, Applicants, relative to property located at 936 N LAKE WAY, legal description on file, is described below.  Section 134 893(7): The applicant is requesting a variance for a north side yard setback of 5.5 feet in lieu of 12.5 foot minimum required for a one story structure in the R B Zoning District for a new pool cabana.  [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.  Carried 4-3.]  [The Architectural Review Commission approved the project at their June 23, 2021 meeting.  Carried 5-2.]  Request for Withdrawal per Letter from Maura Ziska
k.Z-21-00361 VARIANCE(S)  Zoning District: R-C Medium Density Residential  The application of GARY PURUCKER (CONTRACT PURCHASER), Applicant, relative to property located at 334 CHILEAN AVE, legal description on file, is described below.  Section 134 948: A request for a variance to construct a new 5,270 square foot, two story residence, on a non conforming lot with a lot area of 9,384 sq. ft. in lieu of the 10,000 sq. ft. minimum required in the R-C Zoning District. [Applicant's Representative:   Maura Ziska Esq]  [The Architectural Review Commission deferred the project to their August 25, 2021 meeting.  Carried 4-2.]  Staff Recommends a Deferral to the September 13, 2021 Meeting.
l.Z-21-00369 SITE PLAN REVIEW WITH VARIANCE(S)  Zoning District: R-D(2) High Density Residential  The application of PARK PLACE INC, (DANA ENRIQUEZ, MANAGER), Applicant, relative to property located at 369 S LAKE DR, legal description on file, is described below.   Section 134-1052 (4): The Park Place Co op is requesting a site plan modification to allow the construction of a new 467 square foot building to enclosure a 400 KW generator with a 3,000 gallon fuel tank. The generator building is proposed to be adjacent to the pool deck in the middle of the property and will replace an existing storage shed that will be demolished to make room for the new building. The following variance is being requested in order to construct the new generator building: Section 134-1060(9)d: request for lot coverage of 41.8 percent in lieu of the 41.3 percent existing and 40 percent maximum allowed in the R-D(2) Zoning District.  [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.  Carried 7-0.]  [Architectural Review Commission approved the architectural portion of the project at the June 23, 2021 meeting, and the landscape portion of the project at the July 28, 2021 meeting.  Carried 7-0.]
2.New Business
a.Z-21-00371 SITE PLAN REVIEW   Zoning District: R-B Low Density Residential
The application of MICHAEL S. ARLEIN, TRUSTEE OF THE 267 DUNBAR ROAD TRUST DATED 10/07/20, APPLICANT, relative to property located at 267 DUNBAR RD, legal description on file, is described below.  Site Plan Review to allow the construction of a new two story 7,552 square foot single family residence on a non conforming platted lot which is 98.5 feet in width in lieu of the 100 foot minimum width required in the R-B Zoning District.  [Applicant's Representative: Maura Ziska Esq]   [The Architectural Review Commission deferred this project to the August 25, 2021 Meeting.  Carried 7-0]  Staff Recommends a Deferral to the September 13, 2021 Meeting
 
b.Z-21-00372 VARIANCE(S)   Zoning District: R-B Low Density Residential
The application of 301 POLMER PARK LLC (RICHARD TRUE, CONTRACT PURCHASER), APPLICANT, relative to property located at 301 POLMER PARK, legal description on file, is described below.   The subject property is 37,818 square feet in total area. The applicant is requesting a variance to split the lot into two lots. East Lot with residence  22,873 square feet in area; and West vacant lot  14,945 square feet in area. All improvements will be removed from the West lot. The following variances are being requested in order to split the property into two lots and retain the residence on the East lot. Request for a west side yard setback of 8.25 feet (for the proposed East lot) in lieu of the 17 .5 foot minimum required for a lot in the R B Zoning District that is in excess of 20,000 square feet and has a width in excess of 150 feet. A lot coverage of 29% in lieu of the 25% maximum allowed for a lot in excess of 20,000 square feet in the R-B Zoning District.  [Applicant's Representative: Maura Ziska Esq]
 
c.Z-21-00373 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 demolish the existing wood staircase and railing at the garage accessory building that is not code compliant and replace it with a new masonry staircase that will have a 42 square foot bathroom addition tucked below it. Variances being requested to allow a staircase and bathroom with a rear yard setback of 2.4 feet for the new staircase in lieu of the 15 foot minimum rear yard setback required In the R-B Zoning District for a lot that Is 12,060 square feet in area and rear yard setback of 2.4 feet for the new bathroom addition in lieu of the 10 foot minimum rear yard setback required in the R-B Zoning District.  [Applicant's Representative: Maura Ziska Esq]
 
d.Z-21-00374 VARIANCE(S)  Zoning District: R-B Low Density Residential   The application of JORDAN AND KRISTIN BENNETT GRAY, APPLICANTS, relative to property located at 224 LA PUERTA WAY, legal description on file, is described below.   The applicant Is requesting four variances In order to build a two story addition which includes a 315 square foot one story addition to the garage, a 184 square foot addition for a covered terrace on the first floor, and a 930 square foot second floor addition for two bedrooms, including a 130 square foot covered balcony and two bathrooms. The requested variances are a for an east side yard setback of 11 feet in lieu of the 12.5 foot minimum side yard setback required for the garage addition in the R B Zoning District; an east side yard setback of 11 feet in lieu of the 15 foot minimum side yard setback for a second story addition and covered balcony; an east side yard setback of 9.8 feet in lieu of the 10.5 foot minimum side yard setback required for a bay window on the first floor; and an east side yard setback of 9.8 feet in lieu of the 13 foot minimum side yard setback required for a bay window on the second floor in the R-B Zoning District.  [Applicant's Representative: Maura Ziska Esq]
 
e.Z-21-00375 VARIANCE(S)   Zoning District: R-B Low Density Residential  The application of ANDREA BALL, APPLICANT, relative to property located at 657 ISLAND DR, legal description on file, is described below.   A variance request to add a 714 square foot decked boat lift parallel to the existing dock 13 feet west of the bulkhead line in lieu of the 6 foot maximum allowed.  [Applicant's Representative: Maura Ziska Esq]
 
f.Z-21-00376 SITE PLAN REVIEW WITH VARIANCE(S)  Zoning District: R-D(2) High Density Residential  The application of THE PATRICIAN OF PALM BEACH CONDOMINIUM APARTMENTS, INC. (PAULA MCINTOSH, MANAGER), APPLICANT, relative to property located at 3450 S OCEAN BLVD, legal description on file, is described below.   The Patrician of Palm Beach Condominium Apartments is requesting site plan review to expand their pool deck by 3,968 square feet eastward to meet the existing seawall. The following variances are being requested to build the proposed pool deck expansion: a rear street setback of 0 feet In lieu of the 30 feet required and for lot coverage of 45.5 percent in lieu of the 42.9 percent existing and 22 percent maximum allowed for a building five stories or taller in the R-D(2) Zoning District.  [Applicant's Representative: Maura Ziska Esq]
 
g.Z-21-00377 VARIANCE(S)   Zoning District: R-B Low Density Residential  The application of PETER MAY, APPLICANT, relative to property located at 320 DUNBAR RD, legal description on file, is described below.   A variance request to allow two new mooring piles associated with an existing dock to be located 154 feet from the seawall In lieu of the 150 feet maximum allowed from land and a variance request to allow four new mooring piles associated with an existing dock to be located 2 feet from the north property line (the Dunbar Road Right of Way) in lieu of the 25 feet minimum required.  [Applicant's Representative: Maura Ziska Esq]
 
h.Z-21-00378 VARIANCE(S)  Zoning District: R-A Estate Residential  The application of ANN DESRUISSEAUX, APPLICANT, relative to property located at 800 S COUNTY RD, legal description on file, is described below.   The applicant is seeking to modify the previous approval (Z 20 00261) which allowed the renovation and additions to a 2 story landmarked residence with accessory buildings in the R-A Zoning District. The renovation is underway and the approval included raising the finished floor elevations of all of the structures to 9.0 feet NAVD. The applicant is requesting approval to modify the previous approval to raise the finished floor elevation of the main residence and generator building (only) another two feet to 11.0 feet NAVD. The following variances are being requested to allow the new finished floor to be elevated another two feet from the previous approval: a north side yard setback of 5 feet for the boat house addition in lieu of the 30 foot minimum required; a north side yard setback ranging from 1.1 feet to 5.5 feet in lieu of the 30 foot minimum required for the existing boat house when raising the finished floor thus increasing the height in the setback; a rear yard setback of 0 feet in lieu of the 15 foot minimum required for the existing boat house when raising the finished floor thus increasing the height in the setback; a rear yard setback ranging from 0 feet to 13.4 feet In lieu of the 15 foot minimum required for the existing main house when raising the finished floor thus increasing the height in the setback; a rear yard setback of 12.58 feet in lieu of the 15 foot minimum required for the existing boat house when raising the finished floor thus increasing the height in the setback; a north side yard setback of 14.5 feet for the 2 story generator building in lieu of the 30 foot minimum required; a south side yard setback ranging from 9 feet to 15.5 feet in lieu of the 30 foot minimum required for the new cabana and main house addition; a height in the main residence and addition to main house of 28.5 in lieu of the 25 foot maximum allowed; to allow the finished floor elevation to be 3.6 feet above the crown of the road in lieu of the 18 inches maximum allowed; to allow the finished floor elevation at 2.66 feet above grade in lieu of the 8 inch maximum allowed; a lot coverage of 28.46% in lieu of the 25% maximum allowed for the raised terrace; a rear yard setback of 1.75 feet in lieu of the 15 foot minimum required for the raised terrace; a south side yard setback of 4.5 feet in lieu of the 30 foot minimum required for the raised terrace.  [Applicant's Representative: Maura Ziska Esq]  [The Landmarks Preservation Commission deferred the project to their August 18, 2021 meeting.  Carried 6-0.]  Staff Recommends a Deferral to the September 13, 2021 Meeting
 
IX.ORDINANCES
A.Second Reading
1.

Proposed ordinance to modify the code related to outdoor seating and docks.

 

ORDINANCE 16-2021   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, Creating A Definition For Outdoor Café Seating; At Article VI, District Regulations, Sections 134-791, 134-841, 134-891, 134-946, 134-1001 And 134-1053, Accessory Structures, In The R-AA, R-A, R-B, R-C, R-D(1) And R-D(2) Residential Districts By Allowing Only One Dock On A Property And Cross Referencing The Setback And Other Dimensional Requirements For A Dock In Sections 62-74, 62-75 And 134-1697 Of The Code; At Section 134-1053, Accessory Uses, By Eliminating As An Accessory Use Administrative Approval Of Outdoor Seating In The R-D(2) Residential District; Section 134-1055, Special Exception Uses, By Changing From Outdoor Seating To Outdoor Cafe Seating Related To Hotels, Condo Hotels And Dining Rooms And Cross Referencing Sections 134-2104 Through 134-2108 Related To Requirements And Conditions Allowing Said Seating; Section 134-1056, Stands, Seated Dining Areas And Open Counters For Eating And Drinking, By Eliminating Said Section In The R-D(2) District And Renumbering Subsequent Sections Of The Code; Section 134-1057, Accessory Structures, And 134-1057, Accessory Structures, In The R-D(2) Residential Districts By Allowing Only One Dock On A Property And Cross Referencing The Setback And Other Dimensional Requirements For A Dock In Sections 62-74, 62-75 And 134-1697 Of The Code; Sections 134-1108, 134-1158, 134-1208 And 134-1303, Accessory Uses, By Eliminating As An Accessory Use Administrative Approval Of Outdoor Seating In The C-TS, C-WA, C-OPI And C-B Commercial Zoning Districts; Sections 134-1109, 134-1159 And 134-1259 Special Exception Uses In The C-TS, C-WA And C-PC Commercial Zoning Districts, By Changing Outdoor Seating To Outdoor Café Seating Only For Restaurants, Retail Specialty Food Including The Sale Of Prepared Food For Takeout Only And Private, Social, Swimming, Golf, Tennis And Yacht Clubs And Cross Referencing Sections 134-2104 Through 134-2108 Related To Requirements And Conditions Allowing Said Seating; Sections 134-1111, 134-1161, 134-1210, 134-1260 And 134-1305, Stands, Seated Dining Areas And Open Counters For Eating And Drinking, By Eliminating Those Sections In The C-TS, C-WA, C-OPI, C-Pc And C-B Commercial Zoning Districts And Renumbering Subsequent Sections Of The Code; Section 134-1304, Special Exception Uses, In The C-B Commercial Zoning District By Changing Outdoor Seating To Outdoor Café Seating For Only Hotels, Condo-Hotels And Dining Rooms  And Cross Referencing Sections 134-2104 Through 134-2108 Related To Requirements And Conditions Allowing Said Seating; Section 134-1209, Special Exception Uses In The C-OPI Commercial District By Changing Outdoor Seating To Outdoor Café Seating For Only Restaurants, Excluding Formula Restaurants As Defined In Section 134-2 And Dining Rooms And Cross Referencing Sections 124-2104 Through 134-2108 Related To Requirements And Conditions Allowing Said Seating; At Article VIII, Supplementary District Regulations, Section 134-1697, Buildings And Structures Over Lake Worth, By Clarifying That There Is An Exception For Town-Owned Landing Docks And Piers On Municipal Property, Providing For Only One Pier Or Landing Dock And Cross Referencing The Requirements For A Pier Of Landing Dock In Sections 62-74 And 62-75 Of The Code; By Eliminating Division 14, Administrative Approval Of Outdoor Seating In Its Entirety And Creating A New Division 14, Section 134-2104 Through 134-2109, Conditional Approval Of A Special Exception For Sidewalk And/Or Private Property Outdoor Café Seating Only For Restaurants, Excluding Formula Restaurants As Defined In Section 134-2,  Dining Rooms, Retail Specialty Food Including The Sale Of Prepared Food For Takeout Only, And Private, Social, Swimming, Tennis, And Yacht Clubs, Providing Conditions And Requirements; Fees And Security Deposit; Application Requirements; Standards And Criteria For Special Exception And Outdoor Café Permit And Review; Requirements For Liability And Insurance, Providing That Retail Specialty Food Uses Including The Sale Of Prepared Food For Takeout Only That Is Under 2,000 Square Feet Gross Leasable Area Can Request An Additional Eight Seats Over The Inside Capacity; Provisions For Denial, Revocation And/Or Suspension Of Approval Of An Outdoor Café Seating Permit And Appeal Procedure For Denial, Suspension Or Revocation; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date.

2.

Proposed ordinance to modify the code related to landing docks and piers.

 

ORDINANCE 17-2021  An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 62, Marine Structures As Follows: At Article III, Bulkheads, And Pierheads On Lake Worth, Section 62-74, Bulkheads, Landing Docks And Piers To Accord With Plat; Waivers And Variances, To Allow One Pier Or Landing Dock And To Provide A Maximum Width Of A Pier Or Landing Dock; At Section 62-75, Construction Specification To Identify That One Pier Or Landing Dock Is Permitted And That The Maximum Width Of A Pier Or Landing Dock Is 30% Of The Lot Width, Six Feet From The Mean High Water Line Or Bulkhead Line, Whichever Is Furthest East, And Not More Than 10 Feet In Width When Past Said Six Feet; At Section 62-74.2, Exemptions By Correcting The Exemption For Town Owned And Operated Docks Is Exempt From The Chapter And Not The Section Of The Code; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date.

A.First Reading
1.

Proposed ordinance to modify the code related to fill limitations as well as setbacks for stairs, landings, porches and ramps.

 

ORDINANCE 19-2021   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, Modifying The Definitions For Building, Height Of (Applicable Only In The R-B Districts), Building Height Of (Applicable To All Districts Except The R-B Districts, Building, Height Of, (Applicable To Lots Or Portions Of Lots East Of The State Of Florida Coastal Construction Control Line (CCCL), Building, Height Of, (Applicable To R-B Lots Abutting Lake Trail) To Eliminate The References To Raising The Grade Of A Property And Eliminating Redundant Language; At Article VI, District Regulations, At Sections 134-795, 134-845 And 134-895, Same-Exceptions To Yard Regulations, By Allowing First Floor Entry Ramps, Landings, Associated Steps And Ramps Within Required Setbacks In The R-AA, R-A And R-B Residential Zoning Districts; Sections 134-950, 134-1006 And 134-1062 Same-Exceptions, By Allowing First Floor Entry Ramps, Landings, Open Terraces And/Or Steps Within Required Setbacks In The R-C, R-D(1) And R-D(2) Residential Zoning Districts; Sections 134-797, 134-848, 134-898, 134-953, 134-1009 And 134-1065, Lot Grade Topography And Drainage, By Providing That The Grade Of A Property Cannot Be Raised To Meet Base Flood Elevation Requirements Except As Provided For In A New Section 134-1600 Of The Code And Elimination The Requirement That The Habitable Finished Floor Of A Building Shall Not Exceed Eight Inches Above The Permitted Grade On A Property In The R-AA, R-A, R-B, R-C, R-D(1) And R-D(2) Residential Zoning Districts; Creating Sections 134-1121, 134-1171, 134-1221, 134-1269, 134-1316 And 134-1402, Lot Grade Topography And Grading In The C-TS, C-WA,  C-OPI, C-PC, And C-B Commercial Zoning Districts And The PUD District To Provide That The Grade Of A Property In Those Districts Cannot Be Raised To Meet Base Flood Elevation Requirements Except As Provided For In A New Section 134-1600 Of The Code; Section 134-1309, Same-Exceptions, To Allow First Floor Entry Ramps, Landings And Associated Steps To Extend Into A Required Setback In The C-B Commercial District; At Article Viii, Supplementary District Regulations, Section 134-1548, Yard Regulations, To Allow First Floor Entry Ramps, Landings, Open Terraces, Porches And Associated Steps As Ordinary Projections Into A Required Yard And Cross Referencing The Specific Sections Of The Code That Apply; Creating A New Subdivision III Within Article VIII, Supplementary District Regulations, Section 134-1600, Lot Fill, Providing For A Calculation For The Maximum Amount Of Fill That Can Be Placed On A Lot; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date.

2.

Proposed ordinance to modify the code related to supplemental off-site shared parking regulations.

 

ORDINANCE 20-2021  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, Amending The Definition Of Supplemental Parking To Provide That Supplemental Off-Site Parking In An Underground Garage Or Surface, Enclosed, Partially Enclosed Or Rooftop Parking Facility Shall Not Be Required To Be In Addition To The Required Parking; Sunsetting The Definition On March 13, 2024, Unless Extended Or  Modified By The Town Council;  At Article VI, District Regulations, Sections 134-1107, 134-1157 And 134-1207, Permitted Uses, In The C-TS, C-WA And C-OPI Commercial Zoning Districts To Allow Supplemental Off-Site Shared Parking In A Surface, Enclosed, Partially Enclosed Or Rooftop Parking Facility As A Permitted Use; Cross Referencing The Requirement For Said Parking In Sections 134-2177 And 134-2182; And Providing A Sunsetting Provision For Said Parking Facilities In Those Districts On March 13, 2024, Unless Extended Or Modified By The Town Council; Section 134-2177 Location Of Parking Spaces, And Section 134-2182, Location Of Parking Spaces, By Allowing Supplemental Off-Site Shared Parking In A Surface, Enclosed, Partially Enclosed Or Rooftop  Parking Facility As A Permitted Use In The C-TS, C-WA And C-OPI Zoning Districts Provided That Said Parking Does Not Exceed 50 Percent Of The Parking Inventory Of The Parking Facility And Providing That If Said Parking Facility Abuts A Residential Use That Said Parking Shall Only Be Allowed Between The Hours Of 8:00 A.M. And 6:00 P.M.; At Section 134-2182 By Relocating The Existing Sunsetting Provision Into A New Subsection (E) And Including Surface, Enclosed, Partially Enclosed And Rooftop Off-Site Supplemental Shared Parking As Part Of The Existing Sunsetting Provision;  Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date.

3.

Beach Access Hours

 

ORDINANCE NO. 21-2021  An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending Chapter 74 Of The Town’s Code Of Ordinances By Amending Article V, Beach Access Closure To Include The Beach Access Point At Root Trail As Public; Providing For Closure From Sunset To Sunrise Daily; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date.

Jay Boodheshwar, Deputy Town Manager
X.ANY OTHER MATTERS
XI.ADJOURNMENT

PLEASE TAKE NOTE:

 

 Note 1:Please submit written comments/materials to council@townofpalmbeach.com or in person to the Town Clerk's Office, located at Town Hall, 360 South County Road. No written materials received after 3:30 p.m. on the Wednesday 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 Wednesday 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 Technology (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.