B. Recommendation to Consider Draft Ordinance for Review and Recommendation for a Proposed Text Amendment to Chapter 134, Zoning, Article VI, District Regulations, Division 8.-C-TS Town-Serving Commercial District, Section 134-1114, to Allow Arcades and Colonnades within Public Rights-of-Way
Received via email 10.16.23:
Dear Planning and Zoning Commissioners:
Our firm represents Sun and Surf One Hundred Association, Inc. and Sun and Surf One Hundred Thirty Association, Inc. (collectively “Sun & Surf Buildings”). This letter is in response the continuing efforts of James M. Crowley, Esq., as counsel for the Paramount Theater Project, to seek a Text Amendment to allow the construction of Arcades and Colonnades within Public Rights-of-Way in the Commercial-Town Serving (C-TS) zoning district.
My clients share the concerns and objections raised by John Eubanks in his letter dated October 16, 2023, submitted on behalf of the Leverett House Condominium, the Palm Beach Biltmore Condominium as the owner off the Palm Beach Biltmore Club, and Number One North Ocean Condominium. To avoid restating the same objections in detail herein, my clients adopt and incorporate Mr. Eubanks’ letter by reference. Accordingly, the Sun & Surf Buildings respectfully request the Application be denied in its present form.
Sincerely yours,
SHUTTS & BOWEN LLP
James C. Gavigan, Jr. Esq.
Received via email 10.16.23:
Dear Ms. Coniglio and Planning and Zoning Commissioners:
My firm represents Ted and Jessica Babbitt who reside at 175 Sunset Avenue, Palm Beach. We are in receipt of a copy of the letter dated April 27, 2023 that John R. Eubanks, Jr., Esq. sent to you regarding the Application by James M. Crowley, Esq. to seek a text change to allow the use of arcades and colonnades to extend private property into a public right of way in the Commercial-Town Serving zoning district. The Babbitts’ home is located next to the developer’s proposed Paramount Theatre project and will be greatly impacted by this this Application.
The Babbitts hereby join in all objections to the Application raised in Mr. Eubanks letter. The Babbitt’s are especially concerned with the traffic impacts that will be caused by the proposed Paramount Theatre Project, including exacerbation of the traffic impacts with the sidewalk arcades and colonnades. Adding the arcades and colonnades to this project will affect the sight lines and create safety issues for an already overburdened intersection at Sunset Avenue and County Road.
Further, my clients have other objections concerning the project; however, this letter is only with regard to the Application for the text amendment concerning arcades and colonnades.
My clients are concerned they do not have all of the up-to-date submittals. There are numerous issues concerning the project requiring review. My client reserves the right to raise additional objections once they can review revised submittals.
Very truly yours,
/s/John T. Metzger
John T. Metzger, Esq.
I oppose this amendment for the reasons listed by Mssrs. Dunston and Simonson. While arcades are often attractive, they are not necessarily appropriate to every structure, block, and/or street. As an aesthetic enhancement, these must be evaluated and approved on an individual basis and not granted as of right to an entire zone.
Public Comment, Town of Palm Beach Admin
admin
over 1 year ago
Attachment received via email 10.16.23 from John Eubanks
Dear Members of P&Z Commission
First I agree with the important points made by Mr Simonson who is President of the Sun and Surf 130 Association. All of those points are relevant and IMO dispositive.
In addition, it is putting the cart before the horse to request a major change in the Zoning Code that is being proposed for the benefit of the proposed Paramount property development which should be considered as a whole and not piecemeal.
Any thought that this proposal should be considered now rather than as another variance and Code revision for the Paramount project places the P&Z Commission in the position of trying to guess what the final project will be or require.
That is the antithesis of good and reasonable planning and respectfully should be rejected at this time. When and if the project reaches the point when P&Z and Town Council know what is the final proposal then this idea which I oppose might be considered
Certainly not now.
Thank you for your attention to my opinion
I am Beryl Simonson, a Palm Beach resident and President of the Sun and Surf 130 Association.My wife and I live in unit 219 of that Association. I am opposed to a developer led attempt to change the zoning code for the following reasons: a) the amendment is sponsored by the Developer not by the Town; b) there is no Town Study as to need; c) it would change all of C-TS zoning which is the largest zoning district in the Town; d) the proposal is the exact opposite of what the Town made the Testa’s Project do when they pushed their Arcades and Colonnades off the public sidewalk; e) the proposal could result in a mismatch of buildings side by side; f) there is presently a proposed Building in the Paramount Plan on the corner of Sunset and N County which will have a giant Arcade that blocks the view to the north side when turning right exiting Sunset; g) the proposal would allow a project to have additional mass and area that could be used by a developer with no benefit to the Town and surrounding property owners.
Received via email 10.16.23:
Dear Planning and Zoning Commissioners:
Our firm represents Sun and Surf One Hundred Association, Inc. and Sun and Surf One Hundred Thirty Association, Inc. (collectively “Sun & Surf Buildings”). This letter is in response the continuing efforts of James M. Crowley, Esq., as counsel for the Paramount Theater Project, to seek a Text Amendment to allow the construction of Arcades and Colonnades within Public Rights-of-Way in the Commercial-Town Serving (C-TS) zoning district.
My clients share the concerns and objections raised by John Eubanks in his letter dated October 16, 2023, submitted on behalf of the Leverett House Condominium, the Palm Beach Biltmore Condominium as the owner off the Palm Beach Biltmore Club, and Number One North Ocean Condominium. To avoid restating the same objections in detail herein, my clients adopt and incorporate Mr. Eubanks’ letter by reference. Accordingly, the Sun & Surf Buildings respectfully request the Application be denied in its present form.
Sincerely yours,
SHUTTS & BOWEN LLP
James C. Gavigan, Jr. Esq.
Received via email 10.16.23:
Dear Ms. Coniglio and Planning and Zoning Commissioners:
My firm represents Ted and Jessica Babbitt who reside at 175 Sunset Avenue, Palm Beach. We are in receipt of a copy of the letter dated April 27, 2023 that John R. Eubanks, Jr., Esq. sent to you regarding the Application by James M. Crowley, Esq. to seek a text change to allow the use of arcades and colonnades to extend private property into a public right of way in the Commercial-Town Serving zoning district. The Babbitts’ home is located next to the developer’s proposed Paramount Theatre project and will be greatly impacted by this this Application.
The Babbitts hereby join in all objections to the Application raised in Mr. Eubanks letter. The Babbitt’s are especially concerned with the traffic impacts that will be caused by the proposed Paramount Theatre Project, including exacerbation of the traffic impacts with the sidewalk arcades and colonnades. Adding the arcades and colonnades to this project will affect the sight lines and create safety issues for an already overburdened intersection at Sunset Avenue and County Road.
Further, my clients have other objections concerning the project; however, this letter is only with regard to the Application for the text amendment concerning arcades and colonnades.
My clients are concerned they do not have all of the up-to-date submittals. There are numerous issues concerning the project requiring review. My client reserves the right to raise additional objections once they can review revised submittals.
Very truly yours,
/s/John T. Metzger
John T. Metzger, Esq.
I oppose this amendment for the reasons listed by Mssrs. Dunston and Simonson. While arcades are often attractive, they are not necessarily appropriate to every structure, block, and/or street. As an aesthetic enhancement, these must be evaluated and approved on an individual basis and not granted as of right to an entire zone.
Attachment received via email 10.16.23 from John Eubanks
Dear Members of P&Z Commission
First I agree with the important points made by Mr Simonson who is President of the Sun and Surf 130 Association. All of those points are relevant and IMO dispositive.
In addition, it is putting the cart before the horse to request a major change in the Zoning Code that is being proposed for the benefit of the proposed Paramount property development which should be considered as a whole and not piecemeal.
Any thought that this proposal should be considered now rather than as another variance and Code revision for the Paramount project places the P&Z Commission in the position of trying to guess what the final project will be or require.
That is the antithesis of good and reasonable planning and respectfully should be rejected at this time. When and if the project reaches the point when P&Z and Town Council know what is the final proposal then this idea which I oppose might be considered
Certainly not now.
Thank you for your attention to my opinion
Leigh Dunston
Monterey Rd.
Palm Beach
I am Beryl Simonson, a Palm Beach resident and President of the Sun and Surf 130 Association.My wife and I live in unit 219 of that Association. I am opposed to a developer led attempt to change the zoning code for the following reasons: a) the amendment is sponsored by the Developer not by the Town; b) there is no Town Study as to need; c) it would change all of C-TS zoning which is the largest zoning district in the Town; d) the proposal is the exact opposite of what the Town made the Testa’s Project do when they pushed their Arcades and Colonnades off the public sidewalk; e) the proposal could result in a mismatch of buildings side by side; f) there is presently a proposed Building in the Paramount Plan on the corner of Sunset and N County which will have a giant Arcade that blocks the view to the north side when turning right exiting Sunset; g) the proposal would allow a project to have additional mass and area that could be used by a developer with no benefit to the Town and surrounding property owners.