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

January 11, 2023

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

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.CODE REVIEW
A.

TIME CERTAIN 10:00 A.M.

 

Code Review Update Including a Discussion Regarding Limiting the Number of Restaurants Based on Location and Area

Sean Suder, Zone Co.
VIII.DISCUSSION ITEMS
A.

TIME CERTAIN: 10:45 AM

 

Native Landscape Discussion

IX.RESOLUTIONS
A.Resolution No. 005-2023:  A Resolution Of The Town Council Of The Town Of Palm Beach, Palm  Beach County, Florida, Authorizing Ad Valorem Tax Exemptions For the Property Hereinafter Described 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."
B.

Resolution No. 006-2023: 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 205 Jamaica Lane Meets the Criteria Set Forth in Ordinance No. 2-84, Also Know as Chapter 54, Article IV of the Code of Ordinances of the Town of Palm Beach; and Designation 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. [The owner objected to the Landmark Designation at the December 21, 2022, Landmarks Preservation Commission meeting.]

X.DEVELOPMENT REVIEW
A.Appeals
1.Appeal of ARCOM Decision RE: ARC-22-241, 624 Island Drive
B.Time Extensions and Waivers
1.Time Extension for 150 Worth Avenue
2.Time Extension for 225 Worth Avenue (Gucci)
C.Variances, Special Exceptions, and Site Plan Reviews
1.Old Business
a.

ZON-22-021 (ARC-22-022) 160 SEAVIEW AVE (COMBO) – VARIANCES The applicant, Coral Beach Corporation (Angela Feldman, President) and Seaview Holdings, Inc. (David Feldman, Director), has filed an application requesting Town Council review for variances to exceed the point of measurement elevation higher than allowed to be measured from and to reduce the required street side yard setback for a new guest house on combined parcels at 160 and 170 Seaview Avenue. ARCOM will perform design review of the application.  [The Architectural Commission deferred the project to their December 16, 2022, Architectural Commission meeting.] [This item shall be deferred to the February 15, 2023, Town Council meeting pending Architectural Review.]

b.

ZON-22-088 (ARC-22-126) 240 OLEANDER AVE (COMBO) – VARIANCES The applicant, PTMJM Florida Investment Properties, LLC (Patricia Lambrecht), has filed an application requesting Town Council review and approval for variances (1) for development on a lot which is deficient in minimum lot area and (2) deficient in lot depth in the RC zoning district and (3) to exceed the maximum allowed lot coverage, in conjunction with the construction of a new two-story single-family residence. The Architectural Commission will perform design review of the application. [The Architectural Review Commission deferred this project to the January 25, 2023 meeting.]  [This item shall be deferred to the February 15, 2023, Town Council meeting pending Architectural Review.]

c.

ZON-22-122 (HSB-22-011) 141 AUSTRALIAN AVE (COMBO)—VARIANCES. The applicant, Gregory James Pamel, has filed an application requesting Town Council review and approval for Variances to (1) reduce the required side (east) yard setback, (2) to reduce the required rear (north) yard setback, (3) to exceed the overall building height for an accessory structure, and (4) to exceed the maximum Cubic Content Ratio (CCR), and (5) to allow a two story accessory structure where only one story is permitted, for the demolition and reconstruction of a two-story accessory structure in the rear yard in conjunction with the proposed renovations to an existing Historically Significant two-story building. The Landmarks Preservation Commission will perform design review of the application. [This item shall be deferred to the February 15, 2023, Town Council meeting pending review by the Landmarks Preservation Commission.]

d.

ZON-22-140 (ARC-22-216) 248 COLONIAL LN (COMBO)—SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE. The applicant, 306 Livingston Street Holdings I, LLC (Matthew Mirones), has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for development of a lot which is deficient in lot depth and lot area in the R-B zoning district and for variances (1) to eliminate the two-car garage enclosure requirement, (2) to locate a generator in a setback which is higher than allowed from neighboring grade and (3) to not completely screen a generator with a masonry wall, in conjunction with the construction of a new two-story residence. The Architectural Review Commission will perform design review of the application. [The Architectural Review Commission deferred this project to the December 16, 2022 meeting.  Carried 7-0.] [This item shall be deferred to the February 15, 2023, Town Council meeting pending review by the Architectural Review Commission.]

e.

ZON-22-147 (ARC-22-225) 201 EL VEDADO RD (COMBO) - VARIANCES. The applicants, Perri and Robert Bishop, have filed an application requesting Town Council review and approval for a variance to provide vehicle queuing space deficient in depth between the driveway gate and edge of roadway. The Architectural Commission will perform design review of the application. [The Architectural Review Commission Recommended: Implementation of the proposed variances will not cause negative architectural impact to the subject property.  Carried 6-1.] [The Architectural Review Commission deferred the project to the December 16, 2022, meeting for a restudy of the gate.  Carried 7-0.] [This project shall be deferred to the February 15, 2023, Town Council meeting pending Architectural Review.]

f.

ZON-22-151 (ARC-22-234) 760 N OCEAN BLVD—PALM BEACH COUNTRY CLUB (COMBO)—SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE. The applicant, Palm Beach Country Club, Inc. (Robert Schlager, President), has filed an application requesting Town Council review and approval for Special Exception with Site Plan Review for modifications to a previously approved Special Exception use (private golf club) in the R-A zoning district including Variance to exceed the maximum projection permitted for a new skylight. The Architectural Commission will perform design review of the application. [The Architectural Review Commission Recommendation: Implementation of the proposed variances will not cause negative architectural impact to the subject property.  Carried 7-0.] [The Architectural Review Commission approved the replacement of the windows and doors with the applicant returning for a restudy of the south terrace, railings, elevator and skylight to the December 16, 2022, meeting.  Motion carried 6-1.] [The Architectural Review Commission approved this project at the December 16, 2022, meeting. Motion Carried 4-2.]  

g.

ZON-22-111 239 S COUNTY RD STE 2A AND 1D—SPECIAL EXCEPTION REQUEST WITH SITE PLAN REVIEW. The applicant, Palm Beach Club Services LLC (Franck Savoy, COO), has filed an application requesting Town Council review and approval for Special Exception Request with Site Plan Review to allow a professional office (4,875 SF) in excess of 3,000 SF in the C-TS district in an existing two-story office building. [This project was deferred to the January 11, 2023, Town Council meeting.] [This project has been withdrawn by the applicant.]

2.New Business
a.

ZON-22-123 (COA-22-042) 218 PHIPPS PLZ (COMBO)—VARIANCES The applicant, Bruce Leeds, Trustee of the Bruce Leeds Declaration of Trust, dated May 30, 2007, has filed an application requesting Town Council review and approval of variances for (1) the flood resistant construction requirements from Chapter 50-114 of the Florida Building Code, (2-4) reduced building setback requirements in the south and west yards, (5) reduced garage parking requirements, and (6) reduced mechanical equipment (pool heater) setback requirements in the north yard in conjunction with the renovation of and addition to an existing detached rear accessory structure, the construction of a new pergola, and side wide landscape and hardscape improvements for a Landmarked property. The Landmarks Preservation Commission will perform the design review component of the application. [The Landmarks Preservation Commission Recommendation: Implementation of the proposed variances (2-6) will not cause negative architectural impacts to the subject landmarked property. Carried 7-0. A second motion approved variance 1, based on Chapter 50, Sections 116 and 117 with a condition relating to a utility easement.  Carried 7-0.] [The Landmarks Preservation Commission approved this project as presented at the December 21, 2022, meeting. Carried 7-0.] 

b.

ZON-22-129 (ARC-22-187) 441 AUSTRALIAN AVE (COMBO)—VARIANCES The applicant, John and Ginny Collett, has filed an application requesting town council review and approval for development of a new two-story single-family structure, requiring variances for (1) developing a lot deficient in area in the RC zoning district, (2) developing a lot deficient in width in the RC zoning district, and (3) to reduce the required front yard landscaped open space, in conjunction with the construction of a new two-story residence. The Architectural Commission will perform design review of the application. [This project shall be deferred to the February 15, 2023, Town Council meeting pending Architectural Review.] 

c.

ZON-23-002 (ARC-22-241) 624 ISLAND DR (COMBO)—VARIANCES The applicant, Holly Ann Bartlett, as Trustee of the 1220 South Ocean Boulevard Trust dated May 23, 2013, has filed an application requesting Town Council review and approval Variances (1) to exceed the maximum amount of lot coverage and (2) to exceed the maximum amount of Cubic Content Ratio (CCR) in the R-B zoning district in conjunction with the enclosure of an existing open-air courtyard of a two-story residence with a new skylight. The Architectural Commission will perform design review of the application. [This project was denied at the December 16, 2022, Architectural Review Commission.] 

d.

ZON-23-003 (ARC-22-242) 1030 S OCEAN BLVD (COMBO)—VARIANCES The applicant, Martin L. Edelman as Trustee of the 1030 South Ocean Trust dated March 24, 2022, has filed an application requesting Town Council review and approval for a Variance to reduce the required vehicular queue backup of 18’-0” on a street closer than allowed for the installation of two new vehicular driveway gates. The Architectural Commission will perform design review of the application. [This project was denied at the December 16, 2022, Architectural Review Commission and will not move forward.] 

e.

ZON-23-006 139 N COUNTY RD - OUTDOOR PROMOTIONAL EVENTS -  THE PARAMOUNT THEATRE—SPECIAL EXCEPTION WITH SITE PLAN REVIEW The applicant, WEG Paramount LLC (Lester Woerner), has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for Outdoor Promotional Events in the open-air courtyard of the Paramount Theatre, an existing three-story commercial building. 

f.

ZON-23-012 (ARC-22-212) 246 EVERGLADE AVE (COMBO) — VARIANCES The applicant, 246 Everglade LLC, has filed an application requesting town council review and approval for site modifications including variances for (1) reduced landscape open space (2) for reduced air conditioning equipment setbacks and (3) for reduced pool equipment setbacks. The Architectural Commission will perform design review of the application. [This project shall be deferred to the February 15, 2023, Town Council meeting pending Architectural Review.] 

g.

ZON-23-013 (ARC-22-231) 7 LA COSTA WAY (COMBO) —SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCES The applicant, La Costa Way Trust (Cooper Andrew TR), has filed an application requesting Town Council review and approval variances (1) for a reduced 2nd story street rear-yard setback for a new second story roof top terrace, (2) a variance to provide deficient landscape open space, and (3) a variance to exceed 2-story lot coverage maximum, all as part of a renovation to an existing nonconforming one-story residence. The Architectural Commission will perform design review of the application. [This project shall be deferred to the February 15, 2023, Town Council meeting pending Architectural Review.] 

h.

ZON-23-014 (ARC-22-243) 302 SEABREEZE AVE (COMBO) SITE PLAN REVIEW AND VARIANCE The applicant, Sean Rooney, has filed an application requesting town council review and approval for development of a new two-story single-family structure on a parcel, comprised of platted lots, which is deficient in lot width and lot area in the R-B zoning district requiring Site Plan Review, and a variance to provide one garage parking spot in lieu of the two required. The Architectural Commission will perform design review of the application. [This project shall be deferred to the February 15, Town Council meeting pending Architectural review.] 

i.

ZON-23-025 (COA-22-055) 210 VIA DEL MAR (COMBO) – SPECIAL EXCEPTION WITH SITE PLAN REVIEW The applicant, BEACHBOYZ DEVELOPMENT LLC., has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for reduced vehicular gate setbacks on a cul-de-sac street. The Landmarks Preservation Commission will perform the design review for modifications to the existing Landmarked residence and grounds. [This project shall be deferred to the February 15, 2023, Town Council meeting pending Landmarks Preservation review.] 

XI.ANY OTHER MATTERS
XII.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.