2. An Ordinance Amending Chapter 134, Zoning, to Allow Valet Only Parking Structures Ancillary to Existing Hotels in the R-C Zoning District
ORDINANCE NO. 024-2023: An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending Chapter 134, Article I., Section 134-2 Definitions And Rules Of Construction, To Create A Definition For Valet Only Garage; To Article VI, District Regulations, Division 5. R-C Medium Density Residential District, Section 134-945, Special Exception Uses; Section 134-948 Lot, Yard And Area Requirements, Section 134-955, And Off-Street Parking And Loading; To Allow Valet Only Parking Structures Existing Hotel; Providing For Severability; Providing For The Repeal Of Ordinances In Conflict; Providing For Codification; And Providing An Effective Date.
A request for withdrawal from the Town Council Development Review Agenda has been received from the applicant.
Public Comment, Town of Palm Beach Admin
admin
over 1 year ago
Received via email 11.14.23:
To Whom It May Concern,
I hope this message finds you well. I am writing as a concerned homeowner to express my strong opposition to the renovation project of the Brazilian Court in our neighborhood.
While I understand the need for infrastructure improvements, I firmly believe that this project is not in the best interest of our community. There are several compelling reasons for my opposition:
1. Increased Traffic: The construction and operation of a parking garage would inevitably lead to increased traffic in our quiet neighborhood. This not only poses safety concerns but also disrupts the peaceful atmosphere we value.
2. Environmental Impact: The construction and daily operation of a parking garage couple have negative impact on our local environment. Increased air pollution and noise pollution would harm the wellbeing of residents and the natural surroundings.
3. Property Values: There is a genuine concern that property values in the neighborhood may decrease due to the presence of a parking garage. This can have a long term financial impact on homeowners.
I implore the commission to reconsider the necessity of the parking garage and engage in thorough dialogue with the community. It is essential that we prioritize the well-being and interests of homeowners who will be most affected by this project.
Thank you for your attention to this pressing issue.
Jennifer Jordan McCall | Partner
Pillsbury Winthrop Shaw Pittman LLP
2550 Hanover Street | Palo Alto, CA 94304-1115
31 West 52nd Street | New York, NY 10019-6131
324 Royal Palm Way, Suite 220 | Palm Beach, FL 33480
Received via email 11.14.23:
Dear Palm Beach Town Council,
I am re-forwarding the email below that my wife and I sent to you and the Planning & Zoning Commission on the above referenced matter.
We were surprised to learn that despite a unanimous rejection by members of the town’s Planning & Zoning Commission, that this proposed text amendment would be up for consideration at the town meeting tomorrow. We were further surprised to learn yesterday that the council is planning to vote to “defer” action on this proposed ordinance change.
We are not in favor of deferring action on this ordinance for several reasons:
1. The proposed ordinance was not developed by the town to address a demonstrated need, rather, it was written and proposed by the applicant for the applicant’s specific circumstances.
2. The neighborhood residents are opposed to the zoning change.
3. The town staff has recommended that the Council consider the recommendation of the Planning & Zoning Commission on the first reading.
4. The Planning & Zoning Commission voted unanimously to deny the proposed ordinance.
Given all of the above, it is not clear what justification there is to keep this proposed amendment alive by deferring action. I hope the Town Council will do what is right for the residents and the town by voting to reject this proposal at the Wednesday meeting.
Anne and Tom MacCowatt
Received via email 11.13.23:
Dear Mayor Moore and Members of the Town of Palm Beach Council,
I am writing to you to voice my opposition to the Brazilian Court Hotel’s proposed garage on Hibiscus Avenue, Palm Beach. My husband John Hays and I own at apartment at 227 Australian Avenue. We spend a significant amount of time in Palm Beach and enjoy the intimate, peaceful, low-rise streetscapes that makes midtown Palm Beach so compelling for so many residents and visitors.
TOWN CHARACTER:
Palm Beach is my home town. My family moved to Palm Beach in 1976 when I was three and I grew up on Barton Avenue. In these intervening 40+ years, I have witnessed the development of the town and understand that communities must mature to meet the needs of changing demographics, infrastructure and climate. That said, the Town of Palm Beach’s unique architectural character and small town charm, ease and functionality are amongst its most important assets. And they are almost gone! Thoughtful, conservative development must be implemented to save the Town that we all know and love so well. Once the town’s character is gone, it will not be able to be resurrected. And the visitors who have enjoyed it will move on.
ZONING:
To change the zoning in this neighborhood would be catastrophic. Developers would seize on this very large, inappropriate edifice to demand more invasive and disruptive changes to our streets and our town. The Town is in the midst of drafting its new Comprehensive Plan for planning and zoning. Without this document agreed, approved, and blessed by the state, a project of the magnitude of the Brazilian Court Hotel garage which requests more than 20 variances should NOT be considered at this time or reconsidered in the future.
ARCHITECTURAL APPROPRIATENESS:
Architecturally our neighborhood is low-storied. The Brazilian Court Hotel likely set that standard when Rosario Candela designed it in the 1920s. Its wonderful, understated lines and intimate interior courtyards are graceful and modest. At only three stories high, the building is a dignified neighbor. I am including photos to illustrate the area immediately surrounding the proposed garage. The surrounding homes are low, no more than two stories. An oversized garage that ignores setback requirements and other rules would be a blight that undermines the reserved grace of the block, the street and the neighborhood. When I walk our dog, I see many tourists stopping to take photographs all along Australian, Brazilian and Hibiscus avenues. This garage will not attract compliments or worthwhile attention.
QUALITY OF LIFE, SAFETY AND NOISE POLLUTION:
The midtown streets between Cocoanut Row and South County are heavily trafficked day and night. Hectic night life activities, over-developed commercial and residential buildings and seasonal traffic jams are ruining the town’s sensibility and ambiance. A garage in a residential where none has ever existed before is another threat to the safety of our street and to the calm atmosphere which people seek and cherish in Palm Beach. The uptick in traffic (many more cars) creates hazards for residents and visitors who walk with their elderly relatives, children and pets on the sidewalks and streets. The noise pollution created by garage’s proposed exhaust system which would need to churn constantly will create an unnatural din invading the neighborhood and beyond for many blocks. The Town and neighborhood is fortunate to enjoy many native and migratory birds throughout the year. Their presence may diminish and their melodic songs vanish.
In sum, please respect the neighborhood and the Town’s overwhelming domestic character, architectural restraint and intimate feel. A noisy and busy, architecturally incongruous, garage/spa edifice does not belong. The Brazilian Court is listed on the National Historic Registry. The Town of Palm Beach should protect the visual legacy of the Brazilian Court and Rosario Candela and its historic contribution to the neighborhood, town and American architectural history from a short-sighted garage plan.
Thank you for your attention,
Bliss Summers Hays
Received via email 11.13.23:
To Mayor Moore and The Town Council
I am Annette Geddes, a 37 year resident of Palm Beach and President of the Melbourne House Condominium Association at 227 Australian Ave. Our building shares a property line with the Brazilian Court parking lot. I speak on behalf of our 25 owners in adamant opposition to the Brazilian Court's brazen proposal to build a parking garage and add 90 additional parking spaces in our residential neighborhood.
I am frankly appalled that this item is on the agenda today after it was unanimously turned down by the Zoning Commission last week. This is on top of our extreme displeasure that this proposal moved along to a draft amendment before any notification to the residents or formal input from them. How could Town procedures allow that to happen when the proposal requires over 20 variances or a text amendment to the current zoning law?
Our residential neighborhood does not need 90 more cars zooming around the block or a massive structure with noisy industrial lifts and strong exhaust fans, plus a spa on the roof.
I implore the Council to protect the character of our community and quality of life in the lovely residential Mid-Town area.
Yours truly, Annette Geddes
Received via email 11.14.23:
To Whom It May Concern,
I hope this message finds you well. I am writing as a concerned homeowner to express my strong opposition to the renovation project of the Brazilian Court in our neighborhood.
While I understand the need for infrastructure improvements, I firmly believe that this project is not in the best interest of our community. There are several compelling reasons for my opposition:
1. Increased Traffic: The construction and operation of a parking garage would inevitably lead to increased traffic in our quiet neighborhood. This not only poses safety concerns but also disrupts the peaceful atmosphere we value.
2. Environmental Impact: The construction and daily operation of a parking garage couple have negative impact on our local environment. Increased air pollution and noise pollution would harm the wellbeing of residents and the natural surroundings.
3. Property Values: There is a genuine concern that property values in the neighborhood may decrease due to the presence of a parking garage. This can have a long term financial impact on homeowners.
I implore the commission to reconsider the necessity of the parking garage and engage in thorough dialogue with the community. It is essential that we prioritize the well-being and interests of homeowners who will be most affected by this project.
Thank you for your attention to this pressing issue.
Jennifer Jordan McCall | Partner
Pillsbury Winthrop Shaw Pittman LLP
2550 Hanover Street | Palo Alto, CA 94304-1115
31 West 52nd Street | New York, NY 10019-6131
324 Royal Palm Way, Suite 220 | Palm Beach, FL 33480
Received via email 11.14.23:
Dear Palm Beach Town Council,
I am re-forwarding the email below that my wife and I sent to you and the Planning & Zoning Commission on the above referenced matter.
We were surprised to learn that despite a unanimous rejection by members of the town’s Planning & Zoning Commission, that this proposed text amendment would be up for consideration at the town meeting tomorrow. We were further surprised to learn yesterday that the council is planning to vote to “defer” action on this proposed ordinance change.
We are not in favor of deferring action on this ordinance for several reasons:
1. The proposed ordinance was not developed by the town to address a demonstrated need, rather, it was written and proposed by the applicant for the applicant’s specific circumstances.
2. The neighborhood residents are opposed to the zoning change.
3. The town staff has recommended that the Council consider the recommendation of the Planning & Zoning Commission on the first reading.
4. The Planning & Zoning Commission voted unanimously to deny the proposed ordinance.
Given all of the above, it is not clear what justification there is to keep this proposed amendment alive by deferring action. I hope the Town Council will do what is right for the residents and the town by voting to reject this proposal at the Wednesday meeting.
Anne and Tom MacCowatt
Received via email 11.13.23:
Dear Mayor Moore and Members of the Town of Palm Beach Council,
I am writing to you to voice my opposition to the Brazilian Court Hotel’s proposed garage on Hibiscus Avenue, Palm Beach. My husband John Hays and I own at apartment at 227 Australian Avenue. We spend a significant amount of time in Palm Beach and enjoy the intimate, peaceful, low-rise streetscapes that makes midtown Palm Beach so compelling for so many residents and visitors.
TOWN CHARACTER:
Palm Beach is my home town. My family moved to Palm Beach in 1976 when I was three and I grew up on Barton Avenue. In these intervening 40+ years, I have witnessed the development of the town and understand that communities must mature to meet the needs of changing demographics, infrastructure and climate. That said, the Town of Palm Beach’s unique architectural character and small town charm, ease and functionality are amongst its most important assets. And they are almost gone! Thoughtful, conservative development must be implemented to save the Town that we all know and love so well. Once the town’s character is gone, it will not be able to be resurrected. And the visitors who have enjoyed it will move on.
ZONING:
To change the zoning in this neighborhood would be catastrophic. Developers would seize on this very large, inappropriate edifice to demand more invasive and disruptive changes to our streets and our town. The Town is in the midst of drafting its new Comprehensive Plan for planning and zoning. Without this document agreed, approved, and blessed by the state, a project of the magnitude of the Brazilian Court Hotel garage which requests more than 20 variances should NOT be considered at this time or reconsidered in the future.
ARCHITECTURAL APPROPRIATENESS:
Architecturally our neighborhood is low-storied. The Brazilian Court Hotel likely set that standard when Rosario Candela designed it in the 1920s. Its wonderful, understated lines and intimate interior courtyards are graceful and modest. At only three stories high, the building is a dignified neighbor. I am including photos to illustrate the area immediately surrounding the proposed garage. The surrounding homes are low, no more than two stories. An oversized garage that ignores setback requirements and other rules would be a blight that undermines the reserved grace of the block, the street and the neighborhood. When I walk our dog, I see many tourists stopping to take photographs all along Australian, Brazilian and Hibiscus avenues. This garage will not attract compliments or worthwhile attention.
QUALITY OF LIFE, SAFETY AND NOISE POLLUTION:
The midtown streets between Cocoanut Row and South County are heavily trafficked day and night. Hectic night life activities, over-developed commercial and residential buildings and seasonal traffic jams are ruining the town’s sensibility and ambiance. A garage in a residential where none has ever existed before is another threat to the safety of our street and to the calm atmosphere which people seek and cherish in Palm Beach. The uptick in traffic (many more cars) creates hazards for residents and visitors who walk with their elderly relatives, children and pets on the sidewalks and streets. The noise pollution created by garage’s proposed exhaust system which would need to churn constantly will create an unnatural din invading the neighborhood and beyond for many blocks. The Town and neighborhood is fortunate to enjoy many native and migratory birds throughout the year. Their presence may diminish and their melodic songs vanish.
In sum, please respect the neighborhood and the Town’s overwhelming domestic character, architectural restraint and intimate feel. A noisy and busy, architecturally incongruous, garage/spa edifice does not belong. The Brazilian Court is listed on the National Historic Registry. The Town of Palm Beach should protect the visual legacy of the Brazilian Court and Rosario Candela and its historic contribution to the neighborhood, town and American architectural history from a short-sighted garage plan.
Thank you for your attention,
Bliss Summers Hays
Received via email 11.13.23:
To Mayor Moore and The Town Council
I am Annette Geddes, a 37 year resident of Palm Beach and President of the Melbourne House Condominium Association at 227 Australian Ave. Our building shares a property line with the Brazilian Court parking lot. I speak on behalf of our 25 owners in adamant opposition to the Brazilian Court's brazen proposal to build a parking garage and add 90 additional parking spaces in our residential neighborhood.
I am frankly appalled that this item is on the agenda today after it was unanimously turned down by the Zoning Commission last week. This is on top of our extreme displeasure that this proposal moved along to a draft amendment before any notification to the residents or formal input from them. How could Town procedures allow that to happen when the proposal requires over 20 variances or a text amendment to the current zoning law?
Our residential neighborhood does not need 90 more cars zooming around the block or a massive structure with noisy industrial lifts and strong exhaust fans, plus a spa on the roof.
I implore the Council to protect the character of our community and quality of life in the lovely residential Mid-Town area.
Yours truly, Annette Geddes