OF PALM BEACH. Town Manager's Office TOWN COUNCIL MEETING AGENDA. Monday, June 9, :30 a.m. WELCOME!

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1 4cs af TO OF PALM BEACH Town Manager's Office te 7... TENTATIVE- SUBJECT TO REVISION TOWN COUNCIL MEETING AGENDA Monday, June 9, :30 a.m. WELCOME! For information regarding procedures for public participation at Town Council Meetings, please refer to the end of this agenda. The progress of this meeting may be monitored by visiting the Town's web site townofpalmbeach,com) and selecting "Live Agenda" or "Council Audio ". If you have questions relative to these two features, please contact the Office of Information Systems (561) No written materials received after 5:00 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 5:00 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. I. CALL TO ORDER AND ROLL CALL II. INVOCATION AND PLEDGE OF ALLEGIANCE Post Office Box 2029 * 360 South County Road * Palm Beach, Florida Telephone (561) * Facsimile (561) * tow nnanager st tow not'paimheach, com

2 III. COMMENTS OF MAYOR JACK McDONALD IV. COMMENTS OF TOWN COUNCIL MEMBERS AND TOWN MANAGER V. COMMUNICATIONS FROM CITIZENS - 3 MINUTE LIMIT PLEASE Another opportunity for communications from citizens will be offered immediately after the lunch break.) VI. APPROVAL OF AGENDA VII. REGULAR AGENDA A. Regular Agenda 1. Consideration of Scheduling an Attorney /Client Session regarding Rosalie Obrien Carr vs Town of Palm Beach, Case No CA XXXX MB AY, Fifteenth Judicial Circuit, to Discuss this Matter Immediately Following the June 10, 2008, Town Council Meeting, in the Town Council Chambers, 360 South County Road, Palm Beach, Florida. Attorney /Client Session Attendees: Mayor Jack McDonald, Town Council President Richard M. Kleid, President Pro Tem Gail Coniglio, Council Members Denis Coleman, Susan Markin, and David Rosow, Town Manager Peter B. Elwell, Attorney John C. Randolph, and Court Reporter from Ley & Marsaa Court Reporters, Inc. John C. Randolph, Town Attorney] Town Hall Renovation a. Construction Contract. H. Paul Brazil, Director of Public Works] b. Financing Options. Jane Struder, Director of Finance] VIII. ORDINANCES A. Second Reading None B. First Reading 1. ORDINANCE NO An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending Chapter 86 of the Town Code of Ordinances Relating to Planning, 6/9/ 08, Town Council Meeting 2

3 at Article II, Comprehensive Planning, Section 86-51, So as to Designate the Town's Planning and Zoning Commission as the Local Planning Agency for the Incorporated Territory of the Town; Providing for Severability; Providing for Repeal of Ordinances in Conflict Providing for Codification; Providing an Effective Date. John [ C. Randolph, Town Attorney] IX. DEVELOPMENT REVIEWS A. Appeals 1. Appeal by Owen and Marjorie Larkin, 315 South Lake Drive, of an Administrative Decision Regarding a Unity of Title Agreement. Appeal by James Brindell on Behalf of 144 Wells Road Regarding ARCOM Application #B B. Time Extensions None C. Variances, Special Exceptions, and Site Plan Reviews 1. Old Business- Less Than 15 Minutes None New Business- Less Than 15 Minutes a. SPECIAL EXCEPTION # WITH SITE PLAN REVIEW AND VARIANCE The application of Beach Club Inc., Robert Grassi, Manager; relative to property described as lengthy legal description on file; commonly known as 234 Country Club Road; located in the R -B Zoning District. The applicant requests a special exception with site plan review for the reconfiguration of three croquet courts; removal of the clay storage area modification of the existing parking area by reducing the number of spaces from 15 to 8; and the addition of a new site wall on the east side of the property; a variance to allow the addition of 1 new handicap off - street parking space with a street side setback of 4 feet in lieu of the 15 foot minimum required. 6/9/ 08, Town Council Meeting 3

4 b. SITE PLAN REVIEW # WITH VARIANCE The application of Harold and Robin Peerenbooin; relative to property described as lengthy legal description on file; commonly known as 8 Sloan's Curve Drive; located in the PUD -B Zoning District. The applicant requests a site plan review to construct a 142 square foot addition on the front entry of an existing townhouse; a variance to allow an addition which will enclose the entry feature thereby increasing the lot coverage to 38.1% in lieu of the 36.4% existing and the 35% maximum allowed in the PUD -B district. The proposed addition will modify a previously approved site plan in a PUD complying with Section (b) of the Town's zoning code. 3. Old Business- More Than 15 Minutes a. SITE PLAN REVIEW # WITH VARIANCES & SPECIAL EXCEPTION The application of The Villas, Inc., Leo Albert, President, relative to property described as Lots 12 through 25 inclusive, a portion of Lot 26 and a portion of Lot 29, Block 13 of Royal Park Addition, as recorded in Plat Book 4, Page 1 of the Public Records of Palm Beach County, Florida; commonly known as 425 Worth Avenue; located in the R -D(2) Zoning District. Request a modification to the Villas' site plan to construct a 515 square foot building located at the northeast corner of the subject property to house a 350 kilowatt generator. The proposal includes the elimination of two (2) off street - parking spaces The applicant seeks a variance to eliminate two (2) required off - street parking spaces. The applicant requests a special exception to provide two (2) supplemental off street - parking spaces located on a property approximately 75 feet west of the subject property. The applicant seeks a variance to locate an enclosed building and 350 kilowatt emergency power generator within the street rear yard setback. The applicant seeks a street rear yard setback of 5.4 inches in lieu of 30 foot minimum required by code for an enclosed building and 350 kilowatt emergency power generator. Deferred from the August 14,?007, September , October 4, 2007, December 14, 2007, and February 12, 2008, Town Council Meetings. Request for Deferral to the August 11, 2008, Town Council Meeting Per Letter Dated May 27, 2008, From James R. Brindell. 6/9/ 08, Town Council Meeting 4

5 b. SPECIAL EXCEPTION # WITH SITE PLAN REVIEW AND VARIANCES The application of Everglades Club Inc., Scott Lese, General Manager; relative to property described as lengthy legal description on file; commonly known as 350 Worth Avenue; located in the C -WA Zoning District. The applicant requests a special exception to modify the Everglades Club by demolishing the existing one story kitchen facility portion of the building and constructing a new two story kitchen facility addition which will expand the use of Club by adding more square footage. A request for site plan review to modify the previously approved site plan of the Everglades Club. The proposed modification is to renovate the kitchen facility by demolishing 14,072 square feet and adding 16,039 square feet on the first floor and 14,457 square feet on the second floor. The new building addition will contain a larger kitchen facility, a new wine room, additional bathrooms, a new flower shop, a new employee dining room, a new trash receptacle, a new laundry room and new office space. Also, the existing air - conditioning equipment that is currently located on the roof will be replaced with a new cooling tower and relocated to an area outside and adjacent to the existing generator. The site plan also provides for the addition of two loading docks for deliveries, where none exist today. Variances requested are to allow construction of the new kitchen facility to be phased over four years in lieu of the two year maximum completion time to allow the building with new additions to be a length of feet in lieu of the 376 feet existing and the 150 foot maximum allowed; a variance for a front yard setback ranging from 2.5 feet to 5.5 feet in lieu of the 10 foot minimum required; a variance to allow a west side yard setback for the proposed southwest tower of 2.2 feet in lieu of the 10 foot minimum required; a variance to provide one loading space in lieu of the two spaces required by code for the proposed additions; a variance to provide a 5 foot sidewalk in lieu of the 10 foot minimum required; a variance to allow the proposed building additions to increase the total square footage from 154,510 square feet to 170,934 square feet in lieu of the 15,000 square foot maximum allowed; a variance to allow four towers in lieu of the two maximum allowed. Deferred from the May 12, 2008, Torn Council Meeting. Request for Withdrawal Per Letter Dated May 22, 2008, From Maura A. Ziska. 6/9/ 08, Town Council Meeting 5

6 4. New Business- More Than 15 Minutes a. SPECIAL EXCEPTION # WITH SITE PLAN REVIEW AND VARIANCES The application of Palm Beach Country Club, Steven Bielsky, General Manager; relative to property described as Lot 11, 12, 13 and 14, less the North four (4) feet of MARK RAFALSKY TRACT, Palm Beach, Florida according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County recorded in Plat Book 11, Page 51; commonly known as 228 Country Club Road; located in the R -B Zoning District. The applicant requests a special exception with site plan review for two tennis courts and a two -story 2,792 square foot tennis lounge to be located on the west side of the subject property within the R -B zoning district request a variance to allow two tennis courts be constructed on two residential lots within the R -B zoning district without a front yard setback in lieu of the 25 feet minimum setback required; a variance to allow the proposed two tennis courts and a two -story tennis lounge to be constructed with landscaped open space of 12.36% in lieu of the 45% minimum required and front yard landscape open space of22% in lieu of the 40% minimum required; a variance to allow the construction of the proposed two -story tennis lounge with a side yard setback of 24 feet in lieu of the 28 feet minimum required in the R- B zoning district for a lot with a width of over 200 feet. D. Other 1. Consideration of Zoning Season Study Items. Options for Delegation of Development Review Items to Another Governmental Body. 3. Consideration of Conditions of Approval of Special Exception Identified in the Declaration of Use Agreement for the New Synagogue of Palm Beach. 4. Consideration of Conditions of Approval of Beach House Bistro Restaurant, Special Exception # , 350 South County Road. 6/9/ 08, Town Council Meeting 6

7 5. Discussion of Issues Related to 977 and 955 South Ocean Boulevard. [Denis P. Coleman, Town Council Member] X. ANY OTHER MATTERS XI. ADJOURNMENT 6/9/ 08, Town Council Meeting 7

8 PLEASE TAKE NOTE: Note 1: Note 2: Note 3: Note 4: Note 5: If a person decides to appeal and 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. 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 or through the Florida Relay Service by dialing for voice callers or for TDD callers, at least two (2) working days before this meeting. 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. Development Review Matters will be considered after 11:00 a.m. A summary of the actions taken at Town Council meetings can be viewed on the Town's website after 5 p.m. on the Friday following the Town Council meeting. 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: COMMUNICATIONS FROM CITIZENS: OTHER AGENDA ITEMS: Any citizen is entitled to be heard on an official agenda item under the section entitled "Public Hearings," subject to the three minute limitation. Any citizen is entitled to be heard concerning any matter under the section entitled Communications from Citizens," subject to the three minute limitation. 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. 6/9/ 08, Town Council Meeting 8