Meeting Time: November 08, 2023 at 9:30am EST
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Agenda Item

C. 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

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    Public Comment, Town of Palm Beach Admin admin over 1 year ago

    Received via email 10.31.23: I am writing in support of the greater majority of Palm Beach residents who are against the demolishing and building of a massive development on the Paramount property that is not in keeping with the neighborhood and will negatively impact the present lifestyle of our community.
    I am sure you are well aware of the many viable talking points that our official representatives have presented to the P & Z Commission in opposition to the continued attempts of the Paramount developers to change the character of our district. We are all for progress and improvements - but why pursue these changes in our hometown when they are so unpopular with your fellow residents? Henry Burr 130 Sunrise Avenue HENRY BURR Florida

    Arcades Received via email 11.1.23: I am an owner at 100 Sunrise Avenue. I write in opposition to the request to allow for arcades and colonnades in our neighborhood. While I am not schooled in all the reasons why this unusual request ought not to proceed now outside of a variance requested for a specific project or an overall code re-write and leave those objections to the lawyers, I have personal experience with the traffic conditions around the Sunrise and Sunset Avenues at the intersection of County Road, as I pass through there multiple times a day, both by car and on foot, when in residence. The visibility for drivers at the corner of Sunset and County, coming from the beach, is near non-existent due to the colonnades on the building with the bike shop. In addition, making turns at all of these neighboring intersections is already fraught with danger due to the large numbers of both pedestrians and cars using or passing through the area. If additional colonnades and arcades are to be allowed in the area from the curb over the PUBLIC sidewalk to the buildings, visibility will be further infringed, and the intersection of Sunrise and County will be as dangerous as the one at Sunset and County. And if these structures are permitted, they will make it more difficult for people on the passenger side of a vehicle to get out of their parked cars on County because they will be blocked by or otherwise hit their doors on the structures, so more people will be exiting onto the street on County and I can foresee (even more) dangerous accidents happening with other cars having to swerve out of the way of people suddenly opening car doors on the drivers’ side. I have seen many cars swerve to avoid this fate already. Finally, the colonnades will make the area less open and bright and reduce the green space which currently exists in front of the retail locations. Thus, for all of these reasons and the many additional reasons raised by others, the Town should not permit colonnades as they will make the area even more dangerous for drivers and pedestrians alike.
    Respectfully submitted, Staci Barber Received via email 11.2.23: To All Recipients and Members of the Planning and Zoning Commission, My name is Jerry Zaro, and I am the President of 100 Sun and Surf Condominium association in Palm Beach. We have 136 residential units and our sister building, located at 130 Sunrise Ave, has 104 units. We have been advised of the application which has been filed by Jamie Crowley, Esq on behalf of his client, the owners of the Paramount Theater. First, a most important question is, WHY NOW??? In general, there will be a townwide code revision and it would seem this is an appropriate topic for that exercise. In specific, why would you be granting a townwide approval, based upon an application by the Paramount Theater, when the myriad variances for that application may never be granted. In such case, you will have changed the zoning throughout the town based upon an application for a project which may never got approved nor built. So, this is very much putting the cart before the horse. Speaking for our hundreds of Sun and Surf residents, Arcades and Colonnades are bulky, they gobble up open green space, and they block the famed Florida sunshine. But perhaps most importantly, they pose unnecessary safety hazards as they block the view of traffic for those on the streets on which they are located. Why CREATE obstacles and hazards? Further, these Arcades and Colonnades present massive structures built right up to the curb and ruin the elegant aesthetics of the Palm Beach streetscapes. There are countless other issues, not least of which is converting public property into private property…..or if some property owners choose to come out to the curb with their Arcades and others don’t, you will have a jagged sawtooth, hodgepodge effect, ruining the streetscape. Again, I ask, WHY NOW? What is the urgency? Has there been a professional study of the need for these Arcades and Colonnades? Is there a crying need that the town adopt this ordinance? I submit that if there was a “need” for this ordinance it would have been proposed long ago by township professionals instead of by a private developer? Finally, not all Colonnades are created equal. The Colonnade at the old bicycle shop that goes out to the curb at the southeast corner of North County and Sunset has none of the appeal and elegance of the Arcade at the former Testa’s location, which is built upon private property and set back well from the street. Let anyone wishing a Colonnade be required to have one on their own property.. As an attorney myself, also I note that the plan would violate Policy 2.4 of your Township Comprehensive Plan by creating a pattern of higher density and intensity of use. Why would you violate your own policy? Palm Beach is a paradise, recognized throughout the world for its beauty and grace. Let’s keep it that way. In the words of the old adage….If it ain’t broke… don’t fix it. Respectfully submitted. Jerry Zaro

    Received via email 11.2.23: I completely agree w Mr. Zaro on every point.
    The planned development at the Paramount is completely overdeveloped. As a developer myself I am normally sympathetic to development, but what is proposed is abusive. I do not understand how the Town of Palm beach can even consider this! Robert Ambrosi Chairman & CEO ARCTRUST 1401 Broad Street Clifton, NJ 07013

    Received from Herbert Krauss via email 11.2.23 in connection with Mr. Zaro and Mr. Ambrosi's comments: I agree as well! Sent from my iPhone

    Received via email 11.2.23: Dear Leaders of the Town of Palm Beach, As a resident in the Sun and Surf condos I am concerned about the continuation Of a plan to redevelop and expand the footprint of the Historic Paramount Theatre. Our roads and streets are crowded. This project, and possible expansion with the use of Arcades will contribute to an unsafe zone for walking and driving. The project should not encroach upon the residents of the surrounding buildings. Thank you for you attention Mindy Wexler Sun and Surf- 100( 415) and 130 building (505)

    Received via email 11.3.23: To the Planning and Zoning Commission I am against the request to change the C-TS District Zoning to allow for arcades and colonnades for several reasons. 1. The Town is currently having a top to bottom down revamp of its Code 2 Are arcades and colonnades in the interest of the town or just the developer? 3. If this change is solely for the Paramount project why not wait to see if they get all the 20 or so variances they have requested? 4. The Frisbie project where Testa's was, only allowed the arcade and colonnades on the applicant's property not on the public's property. The public's property needs to be preserved. 5. Worth Avenue's arcades and colonnades were done before there was zoning. The important issue is that Palm Beach is a very special town that is under a lot of pressure to commercialize its property by developers. As a resident of the town I want it to keep its charm and quiet elegant beauty. As you know the town is getting more and more popular and the traffic, parking, etc are major issues. I strongly suggest you table this issue until the revamped Code is approved. I know you want to keep Palm Beach as a special town Thanks for your attention to this. Robert Grinberg 130 Sunrise Ave, Unit 406 Palm Beach, Fl 33480

    Received via email 11.5.23: To the members of the Palm Beach Civic Association, the Planning and Zoning Commission, the Town Council and any other involved town or civic entities, review boards or organizations that may be involved in the consideration of the Paramount Project and its latest maneuver - the proposed amendment of the C-TS zoning rules: My wife Lisa and I are residents and owners of a condominium apartment at 150 North Ocean Blvd in Palm Beach - the Number One North Ocean Condominium. I have the honor and responsibility of serving as the President of our Condominium Board. We are located at the corner of North Ocean and Sunrise, and are therefore extremely interested in what occurs at the Paramount and in our neighborhood, as the corner of Sunrise and County and the surrounding blocks are really the world in which we spend most of our time when not at our building. When people ask where we live, we describe it by saying “ go to Green’s and make a right”. We are former residents of New York City, in a terrific upper east side neighborhood. But now we view ourselves as so lucky to live here in a great area of a great town on a great block - our slice of paradise. Lisa and I are not opposed to real estate development per se. We are opposed to the current formulation, size and scale of the Paramount redevelopment proposal and believe that it will fundamentally change the character and livability of our street and our neighborhood. That’s why the proposal as I understand it would require over twenty variances from our current zoning rules - because it is inconsistent with the rules put in place to preserve the character of our neighborhood. The already difficult parking and traffic situation will clearly turn into a nightmare reminding us of new york city - is that what we really want for Palm Beach? And the added bulk, noise, smells and late night tumult, even after the nightmare of the multi year construction process, will clearly change the lovely quiet walkable character of our block and area. As i understand it, after some questions raised by the ARCOM about the project’s scope and scale, ARCOM determined that the responsible town entity should first review and decide upon the many zoning variances that the project requires - a process that has clearly slowed down the developer’s ideal timetable. So taking a page from the lawyer’s handbook ( as a former new york deal lawyer I am well familiar with it) - if you don’t like how the game is going on the field, try to change the field or change the rules - it looks like the developer’s counsel is trying to now change the zoning rules to favor the project and potentially have an adverse impact on our community for years to come. The developer’s proposal to amend the zoning rules in the C- TS district to more readily allow Arcades and Colonnades, even on public land - an important aspect of the Paramount proposal - should be opposed. There is no compelling logic to change the rules that apply broadly to our district just to benefit this project, particularly when the town is in the process of already doing a macro evaluation of the zoning rules generally. The project should go through the long standing variance process. The proposed amendment also allows the Arcades and Colonnades to extend out over public land, with just a strip of open sidewalk left, not just be a design element of the private property. To me that smacks of a taking of public property, exacerbates the “ in your face” design and bulk concerns of these types of structures by extending them further out, is inconsistent with a number ( if not most or all) of the prior examples in the district which are limited to the private property, and raises a host of valuation, maintenance, liability and other issues that should never have to be raised. To make a broad rule change such as this, it seems one must conclude among many things that Arcades and Colonnades, whether or not on public land, are inherently good and desirable, yet they are not necessarily so. While they may make sense and fit in a particular case ( and thus can be approved under the historical variance process with appropriate limitations), as a general matter they obviously raise design aesthetic issues case by case, they darken the areas underneath and in their shade pattern and block open views, including of traffic, they reduce green space, and can be quite inconsistent with neighboring properties, particularly with the expanded notion of extending them out over the public land. And what goes up above them? Particularly if expanded out nearly to the street? Whatever it is will increase mass and density. Nor is Worth Avenue and its Arcades a justification for generally allowing them everywhere - we love Worth Avenue and its unique very european feel and mix of small retail shops. But is the C-TS district necessarily the same? We suggest not. In sum, we request that the proposed amendment of the C- TS zoning laws and rules to more readily permit Arcades and Colonnades, made at the behest of the developer of the proposed Paramount Project, be denied. Thank you for your consideration. Respectfully, Robert Spatt Lisa Spatt Robert E. Spatt and Lisa B. Spatt 150 North Ocean Blvd. Palm Beach, FL 33480 November 5, 2023

    Received via email 11.5.23: Dear Folks, I am a resident at the 100 Sunrise Bldg at Sun and Surf. I have happily lived there for 9 years. I enjoy the peaceful nature of the neighborhood and the quiet surroundings. Our neighborhood and Island of PB has been a historical and classy place to reside with history from decades ago. It would be a shame to have it disrupted by developments that money hungry developers wish to convert in to. The planned development will disrupt the serenity by a a proposed plan which brings activity and traffic in an already problematic situation. In addition the developer would like to add night time activities which draws an unknown element of young and sometimes rowdy crowd to our historically serene neighborhood. Please reconsider the existing plan that no one in our community wants to proceed. Thank you Rick Caplan 100 Sunrise Ave

    Received via email 11.5.23: I am a resident of Sun and Surf. These are the main issues that i am strongly against. 1. Any ARCADES being allowed anywhere on the island , especially around The Paramount. They will reduce green space, limit vision when turning on and off Sunset and Sunrise. 2. TRAFFIC…… it is already impossible to get onto S County road now, and it isn't even season. 3. The purposed PARKING STRUCTURE would further impede traffic. And I also have concerns of what it will do to our building foundations. PLEASE DO THE RIGHT THING TO PRESERVE THIS MAGNIFICENT ISLAND…. Mary Platt

    Received via email 11.5.23: Re: Objection to the Paramount Theater Project To Whom It May Concern, As full-time residents and owners of Unit 518 at 130 Sunrise Avenue, my spouse and I are writing to voice our concerns after reviewing, in detail, the revised submission by WEG Paramount LLC for the Paramount Theater Project. Although we are aware an overhaul of Palm Beach’s nearly 50 year old zoning code is imminent, we strongly object to the mass, overall height, lack of setbacks and green space of the proposed development. The Town of Palm Beach needs to recognize the historic significance of the Paramount Theater and not dominate the theater with a project that remains out of character in the C-TS zoning district. The project overall is visually out of character with the unique landmarked Paramount Theater as well as other residences and nearby buildings in the zoning district. We support appropriate change and development, however, the Paramount Theater needs to remain the dominant structure and not get lost in a background of same height buildings densely built on the property without any regard to green space and appropriate setbacks. We strongly oppose the multiple variances requested to move forward with this project. We appreciate your time and concern for the overall best interest for Palm Beach. My spouse and I respectfully request the application, as presented, be denied. Very truly yours, Robert Jay Goldberg, M.D. Alex Novielli

    Received via email 11.6.23: As long standing owners of several apartments at the Sun and Surf we strongly object to counsel for the Paramount Theater project continuing to seek a Text Amendment to allow construction of Arcades and Colonnades, which include habitable space above them on Town owned property, over the right of way in the entire Town Serving zoning district. This should be outright rejected. To consider allowing this is unreasonable and irresponsible. These proposed arcades will block the view to the North side when turning right exiting Sunset. They also consume green space, block sunshine and pose innumerable safety hazards, including blocking oncoming traffic visibility. These proposed colonnades and arcades would allow this project to have more mass solely for the developers use with zero benefit to the Town and neighbors. What is the logic behind granting a town wide code revision based on an applicant by a developer? Why are these ammendments being sponsored by the developer and not the town? Where is the study as to its “need” ? Where is the research that presents any benefit whatsoever to the residents of Palm Beach, either aesthetically or practically ? Where is the study of its adverse effects on safety, traffic and parking? Why is the committee even considering such an obtrusive and offensive proposal that is a blight to the natural beauty and landscape of our magnificent Palm Beach ? Please preserve this special island. Thank you Amy & Richard Miller And the Miller families

    Received via email 11.6.23: I am writing to object to the application to approve a change in zoning for Arcades and Colonnades submitted to change the C-TS zoning. I am writing both as the President of the Sun and Surf 130 Association and as, along with my wife Elaine, Palm Beach residents and owners of Unit 219, 130 Sunrise Avenue.
    My understanding is that this application was presented by or on behalf of the developer of the Paramount Project. This Project has generated a significant number of objections from its neighbors and will continue to receive a significant number of objections each time it is submitted to Town Council. The Project will need to receive an almost obscene number of variances to be built as designed. I am surprised that P&Z is considering an application submitted by the Developer’s Attorney to change the zoning in our district when there has been no indication that the Project will ever be approved as designed. The Town is in the midst of revising its zoning code. Why would it consider this application separately rather than in the totality of its Code revamp which is being done by experts. Has there been any independent study to support this revision? My view is that this revision would take public property for a private development, would increase the bulk and mass of the project, which is already too bulky and massive, reduce the livability of our neighborhood, darken the area and reduce the view of traffic and reduce available green space.
    The proposed revision would also change the zoning for the entire district for a project that may never be approved in its current form with no apparent interest in this change but for a single developer and a single project.
    Although we are not in favor of this revision at any time, we certainly believe that this revision should be included in the totality of the Town’s revision of the code if it is ever to be considered and not be piecemealed at this time. We think that P&Z should turn down this proposed change in its entirety. Beryl Beryl D. Simonson 130 Sunrise Avenue, Apt 219, Palm Beach FL 33480

    Received via email 11.6.23: To the members of the Palm Beach Civic Association, the Planning and Zoning Commission, the Town Council and any other involved town or civic entities, review boards or organizations that may be involved in the consideration of the Paramount Project and its latest maneuver - the proposed amendment of the C-TS zoning rules. We are writing in support of the email you received from our President, 150 North Ocean Blvd, Rob Spatt and his wife Lisa regarding the zoning requests from the developer of the proposed Paramount property on Sunrise and North County road. I won’t repeat what Rob and Lisa have clearly stated regarding the fallout from this developer’s proposal. The over twenty variance requests alone should give us all great pause as we consider what Palm Beach means to all of us thanks to diligence and careful planning from our town leaders all these years. The factors that maximize profits for a developer can at times be diametrically opposed to what’s best for a community; the situation where we find ourselves here.
    Along with Mr. and Mrs. Spatt, I also request that the proposed amendment of the C- TS zoning laws and rules to more readily permit Arcades and Colonnades, made at the behest of the developer of the proposed Paramount Project, be denied. Thank you for your consideration.
    Peter & Jill Slack

    Received via email 11.6.23: To the Members of the Planning and Zoning Commission, As a resident of 130 Sunrise Ave, Palm Beach, I am voicing my complete opposition to the amendment proposing the addition of arcades and colonnades to the C-TS zoning code. This amendment would allow developers to add structure to the public areas of our streets, thereby "solving" a problem that doesn't exist. The addition of massive structures which would occupy most of the open space on the streets would only add visual bulk and mass, while at the same time encroaching on the limited available open green space. It would in no way serve the town or the townspeople, but it would indeed serve the developers, allowing them to use public space to add valuable square footage to their saleable end use product. In addition, the massed structure, extending to within three feet of the face of the curb near the edge of the sidewalks, would block vision for cars and pedestrians alike, creating liabilities for the town. As a resident, I know first hand the difficulty in crossing the intersection at the east corner of Sunset Road and N. County Road, as there is no way to see oncoming traffic without stepping right into the street. I am agile enough to jump out of harm's way, but I have witnessed older people and bikers narrowly dodging the cars and trucks bearing down. The structures would extend close to the curb with very little setback, as there is not enough sidewalk in this area to provide any setback which would allow proper vision around them for either pedestrians or drivers. The arcades would also impact parking alongside them. Finally, and critically important, the developer is asking for a text amendment without doing the requisite traffic and parking study. To quote John Eubanks in his letter to the Planning and Zoning Commision dated April 27, 2023: "There is nothing to support a need for the Change or a study of any potential adverse effects as a result of the proposed Changes....Clearly any proposed changes should not be detrimental to the already overtaxed traffic pattern and scarce parking in the Town, but no study on these issues has been performed." The amendment would serve no useful purpose, would be visually unattractive, and could be potentially dangerous to the people who live, work, and visit the area. It is also questionable as to why is even being considered at this time, coincidentally at the same time the Town Council is also considering a large project by a developer who stands to gain a great deal financially if it is passed. I urge the Commission to deny approval, and to preserve our public spaces for public use only. Thank you, Elaine Bedell Hirsch

    Received via email 11.6.23: My family and I have lived in the sun and Surf since it was first occupied My children wintered in one of the houses on Sunset Ave which no longer exist. We have a longtime appreciation of the neighborhood. I cannot imagine how and why the counsel for the Paramount Theater project would continue to seek a Text Amendment to allow the construction of Arcades and Colonnades. This is a selfish proposal by a developer who seeks to destroy a neighborhood and environs by increasing traffic, and decreasing safety. I am appalled that the committee would propose something not only offensive but dangerous as well Marjorie Miller

    Received via email 8.16.23: Dear Landmarks Preservation Commission, Thank you for your work in protecting and preserving the great landmark properties in Palm Beach. I applaud your thoughtful and detailed approach to historic preservation and restoration of the Town’s remarkable and historic architecture, which is one of many things that keeps Palm Beach the place that so many of us cherish. I am writing to you regarding the iconic Paramount Theater. The structure is in dire need of restoration and is the last Town Landmark property to be restored. I am most pleased to finally see this deteriorating historic property returned to its former grandeur and the necessitated restoration carried out in the hands of local ownership. As a neighbor and resident of Palm Beach, I want to support the Historic Restoration of this critically important landmark property. What are the benefits of a restored Paramount Theater? I see the property benefiting the immediate area and the Town of Palm Beach in several ways: 1. Its restoration and the new construction of four beautiful residences will dramatically improve the streetscape. 2. It will reinvigorate a “sleepy" area with an injection of art and cultural activities. 3. Ample onsite valet parking will preserve Town parking areas for other uses and maximize parking efficiency and traffic flow. 4. Designed with community benefit as the highest priority by a local ownership team that cares about our Town and its history. 5. This investment will help preserve surrounding property values to the benefit of all. Please consider the restoration effort for the benefit of the residents of Palm Beach. Sincerely, Rabbi Moshe Scheiner

    Received via email 11.6.23: To the Palm Beach Civic Association, Planning and Zoning Commission, Town Council: I am the President of the Leverett House Condominium at 110 Sunrise Avenue and write in opposition to the arcade proposal put forward by the developer. An arcade on North County Road in front of the current parking lot as a part of the town house development would be a further visual obstruction to vehicles exiting Sunset Avenue onto North County…..witness the arcade in front of the apartment house at the southeast corner of Sunset and North County. The instant proposal would block views to the north and create a visual obstruction at an intersection which is already blighted by congestion from traffic making a right hand turn from the Sunset Ave block west of North County. Further, an arcade would obstruct the visual uniqueness of the Paramount façade when traveling north on North County Road. I also believe that arcades in general are dark and block light to the stores which face the sidewalk underneath the arcade. This then reduces visibility to the retail stores and makes business more difficult. In addition, allowing arcades for an entire district will not account for the different areas within the district which may be more architecturally distinct than others. Thank you for your consideration. Benjamin J. Winter 110 Sunset Avenue Palm Beach, Florida 33446

    Received via email 11.6.23: Hi, My wife Suzanne and I are owners of a lovely condominium in 150 N. Ocean Blvd. located on the North corner of Sunrise Ave. We are a small building of 15 compatible homeowners.. We are quite happy to be there opposite the Atlantic! So all of the residents of our building are close by “neighbors” of the Paramount proposed site. Indeed with many fine restaurants, stores, banks and of course Publix in our immediate radius, we are continually walking or driving on Sunset as it intersects with N. County Road by the Paramount site. As you are well aware, North Cty Rd is a very busy thoroughfare , especially at morning and afternoon rush hours. The traffic further backs up on Sunrise and Sunset as they intersect with Bradley Place which is a main entry way to the Flagler Bridge to West Palm. It can literally take 15-20 minutes to access the Bridge and worse on the quarter hrs when the bridge is up! We understand the proposed project will require almost 20 variances from the Palm Beachzoning board ( if that is the correct name). We also understand that the developers is attempting to have the zoning rules amended as an end around to permit arcades as a matter of right as opposed to as a case by case variance application. Arcades might be ok or might be bad in a particular application. ! But they deserve zoning bd review on a case by case basis as opposed to a blanket permission by amending the zoning codes. So we opposed the proposes amendment to the zoning laws to blanket permit such arcades. The bigger question the Town boards will need to face is the overall scope of the project given it needs so many variances.. The Town must take note and balance community concerns and needs versus those of the developer who is primarily interested in building a hopefully nice and aesthetic project but which maximizes their profits. We have friends who as small children went to the Movies at the Paramount with their grandparents who then were Palm Beach residents. . But that was 60 years plus ago . Much has happened in the area since then which should impact any decisions. We have walked the old theatre space inside and all that seems left are cool old movie postures and pictures of mid 20th century actors and actresses! We note The proposal includes modest theatre seating as compared to the old theatre. But in its place the developers want to introduce both a large seating capacity restaurant and what will surely be an overpriced “exclusive” but large member list private club. All these facilities will further exasperate the traffic flows on N. County Road, Sunrise and Sunset Ave. at all hours. And we suspect N. Ocean Blvd as well which will become an alternative entry and exit way onto Sunrise when N. County gets horribly backed up. With traffic also greatly increasing on all the ocean block streets between Wells and Sunrise. We urge the board to say NO to the amendment to the current rules governing Archways . We also ask the Board to look closely at each and every variance request from the developers. And to keep in mind in addressing each variance how the whole will be impacted by approvals of several variances. Thank you for doing yeoman’s work for all the residents of Palm https://urldefense.proofpoint.com/v2/url?u=http-3A__Beach.It&d=DwIFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=1G5_AeA_pueQwNiQERMTfYVMi1GkuRac5oWbso_gBRGttaw8KqZdqNQLMAAoeWbr&m=HbSZIyzuY2d5KNjuwa2D6-Hd3Db_1ObMjk1avC_T6wgkb_Rus0FWg_xb8JGTNFNr&s=ip96Zps8PYHF8e-qsntWuonoqWAF5FXrrSWhwTyXKP8&e= is greatly appreciated. Suzanne and John Golden 150 N. Ocean Blvd. #203

    Received via email 11.6.23: My wife Lori and I live at 130 Sunrise in PH4. We are very concerned about potential changes to the zoning code for C-TS. - Why is there consideration to changing the C-TS code that affects our entire area for one developer? - Isn’t there a township wide plan being reviewed that is considering various changes already? - Are we correct that this is putting the horse in front of the cart? Paramount hasn’t even remotely received the many variances they are requesting yet. - Our area is not Worth Avenue and the comparison is specious. There is only one Worth Avenue and it should remain as such - Arcades and Colonnades are not appropriate for our district. - We don’t need less parking, but more - We don’t need more traffic, but less - We don’t want Arcades and Colonnades in our district. We don’t have enough green space as it is - We do not want the Town giving away public property to any private developer, which is what this is if approved - We do not want the character of our area or anywhere in Palm Beach to change I am happy to discuss these concerns and can be reached at 248-877-3911. Lori & Maurice Pogoda 130 Sunrise Ave, PH4 Palm Beach, FL 33408

    Received via email 11.6.23: I wrote last spring concerning the traffic at the intersection of Sunset and County. When I returned from the summer the end of October(before the heavy seasonal traffic) I was not able turn left onto County from Sunset for three lights.The right lane on County is totally blocked with cars and trucks leaving Publix even mid day. How can even one more car be added to this intersection? Even turning right from Sunset(going North) can be blocked if the car in front is waiting to go left. I witnessed a large Publix truck turning right on County from Sunset. It was too large to make the turn without entering the northbound lanes. It blocked the whole intersection. At times it is even dangerous for pedestrians in this intersection. Cars go through red lights because of frustration with the heavy traffic. And it is only the first week of November! It is only a matter of time before there is an accident at this overcrowded intersection. Additionally the apartment building at the corner of Sunset and County is vacant and will probably be renovated. And there are rumors the synagogue will be doing renovations as well. Where will all the trucks and bulldozers and workers park? This intersection will be a nightmare all day and cause congestion all over this side of town.
    Ellen Fine. 120 Sunset Ave.

    Received via email 11.6.23: Dear Members of the Planning and Zoning Commission, I am an owner of an apartment at 100 Sunrise Avenue and am writing to express my concerns with the proposal to allow construction of arcades and colonnades. As I understand it, counsel to the owners of the Paramount theater have filed an application that would result in code changes with impact across all of Palm Beach, not just the area surrounding the Paramount. While I am not familiar with all the areas in town that would be affected by the proposed changes, it’s clear that arcades and colonnades present significant safety issues given the obstruction they create for vehicles and pedestrians, and reduce green and open space. Insofar as the areas surrounding the Paramount, I would point out that the colonnade at the intersection of Sunset Avenue and County Road creates a significant safety hazard when walking north on County Road given limited visibility. In fact, I find it so uncomfortable that I instead walk on the west side of County Road to cross Sunset Ave. It’s mystifying to me that we would consider creating the same hazard at the Sunrise and County Road intersection with no apparent benefit to the community. But what’s worse is that this change is being triggered by a developer who is clearly just seeking to maximize the value of the Paramount redevelopment at the expense of all the residents in our community. I respectfully submit that the Town reject the proposed changes. Ari Benacerraf

    Received via email 11.7.23: I understand there will be a meeting Wednesday, November 8th 2023 to discuss revision of the Code. Why? Why aren’t you waiting for the final recommendation rather than looking at individual sections? We shouldn’t be letting the Paramount Project, by itself, dictate code changes, especially since what is requested is so out of keeping with a neighborhood already over-run with traffic. Moreover, the proposed changes are inconsistent with the Town’s Comprehensive Plan, which requires arcades and colonnades to be on private property, not public sidewalks. Those arcades and colonnades add charm to Worth Avenue, but that it is a very different kind of thoroughfare and would not be approved under the current Town code as they reduce green space and open air/sunshine as well as deplete sidewalk space, which is especially at a premium along the area seeking a variance. Developers have the right to renovate property but it must be in keeping with its respective neighborhood and zoning regulations—the Paramount proposal certainly does not! Thank you, Gene Bernstein 100 Sunrise Ave-#223 Palm Beach, FL 33480

    Received via email 11.7.23: To: Planning & Zoning Chairperson Gail Coniglio, P&Z Commissioners and All Recipients I oppose attorney James M. Crowley's application for a C-TS Zoning Text Amendment [Zoning Case Number: ZON-23-040] to permit Arcades and Colonnades in this district for all the reasons set forth below. My name is Tony Stepanski. I own a 3-bedroom unit in the Sun & Surf Condominium at 130 Sunrise Avenue, adjacent to the Paramount Theatre. I acquired my unit in March 2018 because I visited Palm Beach many times over the years with my wife and decided that it would be the perfect tranquil sanctuary for my family to get away from Manhattan's frenetic and frequently intrusive environment, where I own a condominium adjacent to Lincoln Center. My Palm Beach lawyers tell me that decisions about the development of properties in Palm Beach are supposed to be guided, actually governed, by Palm Beach's Comprehensive Plan. Policy 4.2 of that Plan reads: To prevent critical and dangerous overuse of its streets, parking resources, public services and facilities, and damage to its historic character and the overall property values of the community, the Town will take all technical and administrative measures legally available to minimize the change or transition of existing low-density areas or structures to more intensive use patterns, and thereby lower the pattern of density, where possible, and to minimize tourism inflow. How is it possible that you are giving any consideration at all to a request that is in direct contravention of your Comprehensive Plan? Please note the emphasis this policy assigns to the underlined words above. Do you not appreciate that the tax-paying Residents of Palm Beach have reached the breaking point in their exasperation with many of the decisions the Town has taken favoring developers over residents? Do you not understand the significance or the merit of all the compelling predicate facts opposing Counselor Crowley's efforts to force arcades, colonnades, and the Paramount Theatre property "re-purposing" upon the Town? He is not requesting a change for the sole benefit of his Paramount Theatre clients. No, he is facilitating the ability for other developers to do the same throughout the entire district. This is WRONG. Are you not cognizant of the fact that if the Town's administration continues putting the unjustified, rapacious and avaricious interests of developers ahead of its resident's desires, this will end up in Court? And the residents of Palm Beach will prevail. When I initially read Counselor Crowley's January 23, 2023, letter to the Town of Palm Beach requesting this Text Amendment application for Arcades, I was struck by his justification for the submission. In case you may not have read his rationale or may have forgotten it, he wrote: "The intent of the proposed text amendment is twofold: enable the design of more interesting and aesthetically pleasing buildings in the Town serving commercial zoning district, and to promote increased walkability in these commercial areas by providing covered walkways to protect the pedestrian from the elements. The amended zoning text would allow for building arcades or colonnades to be extended beyond the private property boundaries, over sidewalks within the public right-of-way, to more [sic] effectively provide shade and cover for pedestrians." I ask you to take the 15 seconds required to read his words and then read it a second time to enable you to visualize the significance and implications of his request. Have you ever read a more contrived and disingenuous attempt to justify something that defies justification? Counselor Crowley wants you to believe that preventing pedestrians from being rained upon or avoiding a little sunshine when they walk along North County Road, etc., warrants massive overbuilding, the utilization and encroachment of the Town's public right of way to achieve the self-serving [not Town-serving] ambitions of Messrs. Woerner and Cummings et al. Doing so will permit them to extend their proposed Paramount development well beyond their existing private property line by moving it to the street's curb. They are not motivated by a desire to protect pedestrians from the elements, but to maximize their revenues and profits. If anything, Arcades and Colonnades that extend to the curb increase potential danger to pedestrians and vehicles. As for the elements, Palm Beach usually doesn't experience that much rain. The US Weather Bureau reports that the three (3) months that experience most rain are June, August, and September, when Palm Beach's population is only about 9,200 people, compared to 29,000 people when the snowbirds return to the area in the winter months. Also, beauty is in the eye of the beholder. I very much reject Counselor Crowley's contention that Arcades and Colonnades will enhance the aesthetics of our beloved Palm Beach. They will simply add to a growing monotony of repetitious and superfluous appendages that add neither benefit nor value to our community. From my perspective, arcades and colonnades will achieve the complete opposite… they will degrade the attractiveness of our Town and make pedestrian and vehicle movement through this area more dangerous for both. It is not surprising that Counselor Crowley very carefully avoids mentioning the significant danger that Arcades (extended right up to the street's curb and beyond the existing private property lines) pose to pedestrians and vehicles traversing these streets, especially when those Arcades extend to and around a street corner, as would be the case at the Paramount were he wants Arcades that will run along North County Road and then continue around the corner on to and down Sunset Avenue. I repeat here for emphasis that Counselor Crowley's submission appears to be a blatant contravention of Palm Beach's Comprehensive Plan. I respectfully submit this to you with a fervent request that you deny his text amendment submission, for the good of our community at large, and not the financial benefit of developers. Anthony F Stepanski Sun & Surf Condominium 130 Sunrise Avenue - Unit 612W Palm Beach, FL. 33480

    Received via email 11.7.23: Greetings We are multi decade residents at 130 Sunrise and along with so many others oppose the aggressive overbuild proposed for Paramount cloaked dishonestly as historic preservation. Sunrise/Sunset is an exceptional neighborhood in our exquisite town. Please protect and preserve its balance. We have a subtle transition from one of the most attractive beach front residential neighborhoods in Palm Beach to walkable commercial and spiritual buildings. The excessive size, scale, and scope of the proposed Paramount project would result in the reduction of the quality of life on our tranquil Sunrise Avenue. Traffic (already congested WITHOUT the Paramount redevelopment), congestion, overbuilding, reduction in open space, the geotechnical dangers inherent in demolition and subterranean excavation and noise and garbage and delivery trucks are but a few of our causes of concern.
    I will attend todays meeting and happy to discuss Matthew J. Diserio Water Asset Management, LLC

    Received via email 10.31.23: To: Public Comment I strongly object to the Redevelopment of the Paramount Building as it is presently proposed. I have stated some of the more important reasons below. 1. The developer wants variances to use the entire space with no setbacks and no greenspace at all. This would totally diminish an important Palm Beach landmark and all the properties nearby will be overwhelmed and completely lose their Palm Beach charm. A 3+ story building will look very disproportionate to the Paramount Building as well as the surrounding properties. The developer is not considering the look of the existing Paramount Building or the surrounding Palm Beach real estate. The developer should not be able to increase the height/intensity of the project and must be able to expand the greenspace and landscaped areas around the buildings. 2. The developer wants to do a Private Club in the new Paramount Building with a membership of 225 people to start, and a 250-person capacity public event space. How many people will be added in the future? Can you imagine all the parking problems it will entail? The developer wants to establish two restaurants, a private and a public one which will create impossible crowding of the area. Where will the employees park and what hours will the employees work and how many employees will there be for these retaurants and club. 3. The developer wants to get rid of a loading dock which would be needed for food delivery trucks. What time of day will food trucks make deliveries? Since this is a residential area, the timing will be very difficult. Where are these large delivery trucks going to park while making their deliveries to such large establishments. The traffic congestion issue for the whole neighborhood properties will be a mess. Sunset Avenue is a narrow street, and all of this activity will create numerous safety issues. If the loading dock is gone where will all the service and food trucks park and unload? 4. This project will create enormous parking problems. Not everyone will want to pay for valet parking and wait for the valet to get his/her vehicle. People will want to park on the street instead which will cause more congestion and safety issues. All the neighboring properties will be negatively impacted. Before an underground garage is approved structural and safety issues should be addressed. This project, for all of the above reasons, needs to be greatly changed in order to be developed in harmony with everything else in Palm Beach, and much more thought should be given to its neighbors. The developer doesn’t seem to have given much consideration to preserving the beauty of Palm Beach and this important landmark. Respectfully yours, Adrienne Arpel Newman cc: Chris Hernandez

    Received via email 11.7.23: Dear Commission Member, This letter is written to express my opposition to the proposed Paramount Redevelopment. This proposed development is out of scale with the existing area, it would create traffic problems that would be impossible to resolve, it would change the character of the neighborhood. While I understand that the developer wants to maximize its profit and I don't object to a redevelopment of the property what is proposed would be a disaster To Palm Beach and the character of the immediate area. Respectfully Submitted Ronald Rosenfeld 110 Sunset Ave. Apt. 3A Palm Beach, FL 3 3480

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    Town Clerk admin over 1 year ago

    Received via email 11.9.23:
    Re: Proposed projects in Palm Beach
    Dear Ms. Fabrisi:
    I write to you as a long-time, happy supporter of Palm Beach. The proposed redevelopment of the Paramount Theater and the application to permit Arcades and Colonnades are of great concern to me.
    My family and I love Palm Beach so much that we have two apartments here—one at 150 N. Ocean Blvd., for my wife Lynne and me, and one across the street at the Sun & Surf, where our children and grandchildren stay. We have a serious commitment to Palm Beach.
    The proposed Paramount work would have a direct impact on us and our neighbors. Many of us who love Palm Beach come here from towns and cities that have permitted, even welcomed, the kind of development embodied in the Paramount proposal. The net result has been profits for the developers and a visible reduction in the quality of life for residents.
    I have nothing against profits. I was in business for most of my adult life trying my best to earn profits from consumers for my clients, my company, and myself. But we had a principle that worked quite well for us: Do good work and do no harm.
    We came to Palm Beach because we found it to be a beautiful, tranquil, yet vital environment. The Paramount project, as proposed, will clearly do harm to that environment.
    Another concerning issue I have been informed of is the application to permit Arcades and Colonnades throughout the district. We come to Palm Beach to get away from Arcades and Colonnades. If there is any credible justification to permit the construction of and obstruction by Arcades and Colonnades, I have not heard it.
    Thank you for your attention to my concerns.
    Burt Manning

    Received via email 11.7.23:
    Dear Planning Committee,
    I write to you with my concerns about the plans for the Paramount building. We are a multi-generational family who have resided on Sunrise Ave for many decades. Our beautiful Paramount building is an important structure on our corner – and it is with great sadness that we see the new owner’s visions for this historic building.
    The scope of the project is well beyond what that corner can absorb. The traffic starting at 3pm is gridlocked, making crossing the street a challenge – and that is now before we are even in full season. Imagine adding restaurants, more retail and housing to this mix? The plan to cover the sidewalk with balustrades will further exacerbate the street crossing danger.
    Palm Beach needs more open space, and less development.
    Thank you for your consideration.
    Best,
    Vanessa Kagan Diserio
    Erica Wilson Inc
    25 Main Street
    Nantucket, MA 02554

    Received via email 11.7.23:
    Objection to Application for C-TS Zoning Code Text Amendment to Permit Arcades and Colonnades ("Application") (Zon-23-40)
    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 November 7, 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. Enclosed is a copy of Mr. Eubanks' letter. 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.

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    Guest User over 1 year ago

    My wife Lori and I live at 130 Sunrise in PH4. We are very concerned about potential changes to the zoning code for C-TS.

    - Why is there consideration to changing the C-TS code that affects our entire area for one developer (Paramount)?
    - Isn’t there a township wide plan being reviewed that is considering various changes already?
    - Are we correct that this is putting the horse in front of the cart? Paramount hasn’t even remotely received the many variances they are requesting yet.
    - Our area is not Worth Avenue and the comparison is specious. There is only one Worth Avenue and it should remain as such
    - Arcades and Colonnades are not appropriate for our district.
    - We don’t need less parking, but more
    - We don’t need more traffic, but less
    - We don’t want Arcades and Colonnades in our district. We don’t have enough green space as it is
    - We do not want the Town giving away public property to any private developer, which is what this is if approved
    - We do not want the character of our area or anywhere in Palm Beach to change

    I am happy to discuss these concerns and can be reached at 248-877-3911.

    Lori & Maurice Pogoda
    130 Sunrise Ave, PH4
    Palm Beach, FL 33408

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    Guest User over 1 year ago

    Dear Chairperson Coniglio and Members of the Planning and Zoning Commission
    My name is Leigh Dunston and my wife Pam and I have lived in Palm Beach since 1977 --first on Orange Grove Rd. and since 1981 on Monterey Road.
    There are times when words cannot express the gravity of ones' sense of alarm about what may happen to an environment that is being undermined and potentially destroyed by development proposals that are portrayed as a benefit to our town when ,in fact, the proposals are a backdoor to an effort to further intensify a land use [ the Paramount project ] that is being presented without ANY approval for 27 variances and an intensification of land use that is in direct violation of the Zoning Code ---the 27 variances being proposed are in violation of the Code that is why there is a request for 27 variances.
    So when the proposal is in violation of the Zoning code the developer adds further to the intensification of land use by proposing a zoning code change for an ENTIRE zoning district that is calculated to specifically allow further intensification of the proposal that already has a request for 27 variances it deserves to be denied by members of our P&Z Commission
    When one comprehends this request it is difficult to find the words to describe the chutzpa that is on display
    The Paramount project as proposed is enormous and overbuilt and will create engineering failure of the roads at the intersections of both Sunrise and Sunset with North County Road--and still more intensification is proposed with permitted colonnades.
    The Paramount project as proposed will never pass muster with our Town commissions and Town Council and yet our Planning and Zoning Commission is being asked to approve a change to the zoning code to benefit an already out of size and out of compliance with the Comprehensive Plan a further intensification of land use for the benefit of the developers of the Paramount project and to the everlasting detriment of all residents and voters in the Town of Palm Beach.
    In summary
    Dramatic Intensification of an already dramatically over intensification of the Paramount project
    A proposal for an entire zoning district that is to benefit only the developers of the Paramount project
    A proposal if ever to be considered and approved if as and when the issue of the entire Paramount project is being examined with all is variance requests as a WHOLE and not as a piecemeal backdoor way into dramatic further land use intensification.
    A proposal if ever to be considered only after it has been examined in the light of the FAILURE of 2 intersections at Sunrise and Sunset at North County road which will pose a clear violation of the Transportation Element of the Palm Beach Comprehensive Plan

    Finally --- there are no words to express the alarm that is the result of this out of place --wrong in time and complete violation of the Comp Plan of our Town which is being violated in the extreme

    Respectfully I request that you as a commission charged with the critical duty to determine appropriate planning and zoning reject this effort to further intensify land use for a project that has boldly sought 27 variances and now has the audacity to seek a zoning change for an entire zoning district as a backdoor way to more intensity.

    Leigh Dunston
    282 Monterey Rd.
    Palm Beach

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    Guest User over 1 year ago

    To All Recipients and Members of the Planning and Zoning Commission,

    My name is Jerry Zaro, and I am the President of 100 Sun and Surf Condominium association in Palm Beach. We have 136 residential units and our sister building, located at 130 Sunrise Ave, has 104 units.

    We have been advised of the application which has been filed by Jamie Crowley, Esq on behalf of his client, the owners of the Paramount Theater. First, a most important question is, WHY NOW??? In general, there will be a townwide code revision and it would seem this is an appropriate topic for that exercise. In specific, why would you be granting a townwide approval, based upon an application by the Paramount Theater, when the myriad variances for that application may never be granted. In such case, you will have changed the zoning throughout the town based upon an application for a project which may never got approved nor built. So, this is very much putting the cart before the horse.

    Speaking for our hundreds of Sun and Surf residents, Arcades and Colonnades are bulky, they gobble up open green space, and they block the famed Florida sunshine. But perhaps most importantly, they pose unnecessary safety hazards as they block the view of traffic for those on the streets on which they are located. Why CREATE obstacles and hazards?

    Further, these Arcades and Colonnades present massive structures built right up to the curb and ruin the elegant aesthetics of the Palm Beach streetscapes.

    There are countless other issues, not least of which is converting public property into private property…..or if some property owners choose to come out to the curb with their Arcades and others don’t, you will have a jagged sawtooth, hodgepodge effect, ruining the streetscape.

    Again, I ask, WHY NOW? What is the urgency? Has there been a professional study of the need for these Arcades and Colonnades? Is there a crying need that the town adopt this ordinance? I submit that if there was a “need” for this ordinance it would have been proposed long ago by township professionals instead of by a private developer?

    Finally, not all Colonnades are created equal. The Colonnade at the old bicycle shop that goes out to the curb at the southeast corner of North County and Sunset has none of the appeal and elegance of the Arcade at the former Testa’s location, which is built upon private property and set back well from the street. Let anyone wishing a Colonnade be required to have one on their own property..

    As an attorney myself, also I note that the plan would violate Policy 2.4 of your Township Comprehensive Plan by creating a pattern of higher density and intensity of use. Why would you violate your own policy?

    Palm Beach is a paradise, recognized throughout the world for its beauty and grace. Let’s keep it that way. In the words of the old adage….If it ain’t broke… don’t fix it.

    Respectfully submitted.

    Jerry Zaro
    100 Sunrise Ave Apt 406
    Palm Beach, FL 33480