Meeting Time: March 13, 2024 at 9:45am EDT
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Agenda Item

6. Text Amendment amending Chapter 134, Zoning, to create a new Division 16. CI Cultural Institutional District.   ORDINANCE NO. 006-2024:  An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending Chapter 134, Zoning, Article VI, District Regulations; Amending Sections 134-1482-134-1500. – Reserved, To Create A New Division 16. CI Cultural Institutional District; Providing For Severability; Providing For Repeal Of Ordinances In Conflict Herewithin; Providing For Codification; Providing An Effective Date.

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    Town Clerk admin about 1 year ago

    Received via email 3.12.24:
    To The Members of the Palm Beach Town Council.
    I am writing to you in support of the proposed zoning change pertaining to the proposed renovation of Society of the Four Arts. This proposed renovation seeks to revitalize and enhance the historic buildings on its campus, a cherished gem that holds a special place in the heart of this wonderful town that we all love.
    I am a resident of Palm Beach residing at 324 Plantation Road. I have been coming to Palm Beach since 1980 when I married my wife, Michelle, whose parents resided here since the early 1970’s, and Michelle and I became full-time Palm Beach residents in 2015. I am a trustee of the Society of the Four Arts and have committed $1 million of my family money to support the proposed renovation. I am also a real estate developer and own two large development sites in West Palm Beach. While my business activities in West Palm or elsewhere do not have a direct bearing on the Four Arts application, it does give me some perspective on the challenges involved in a project such as this.
    For almost 90 years The Society of the Four Arts has been a beacon of culture, education, and enrichment for residents and visitors alike. Its contributions to our community cannot be overstated. From its world-class exhibitions and lectures to its educational programs, the Four Arts has woven itself into the fabric of our town's identity. And what town has a privately funded library that is available to residents and visitors alike? The Four Arts contributes to so much to Palm Beach and all at its own expense.
    Yet, despite its undeniable significance, The Four Arts faces challenges in its pursuit of improvement. The buildings slated for renovation find themselves having a non-conforming use in a residential zone, a zoning district established many decades after their construction and the establishment of the Four Arts. And the buildings occupied by the Four Arts are a variety of structures that were never intended for their current use. One was a dining club, another a car dealership, and another an apartment building. While the Four Arts has adapted these structures to their current use, these buildings are old and are in desperate need of renovation.
    The non-conforming use status has required that any building changes go through a Rube Goldberg set of variance applications which are costly and cause significant delays. While the Four Arts has lived with this for many years in connection with relatively minor building changes, this Rube Goldberg construct is simply not workable in the context of a major renovation estimated to cost $150 million. That is why the Four Arts is applying to have its property placed into a special zoning district for cultural institutions. This will streamline the process for the town’s both approving the proposed renovation and any future changes which may be required over time, while providing that the town will continue to maintain the right to review and approve the actual plans related to any building changes – including the current planned renovation. So, what is on the table today is for the town council to approve the special zoning district, not the proposed renovation plans. Those plans will separately be submitted once the zoning change is in place.
    As a real estate developer, I realize that it is always challenging to move development projects forward given the various approvals that are typically required by the many constituencies involved. But this is not being done in a vacuum. The proposed zoning change has been discussed with the town for many months and the town’s consultants have had plenty of time to review the proposed changes. Nor have the renovations being proposed been undertaken lightly. They have been carefully planned to respect the historical integrity of the buildings while ensuring they remain functional for generations to come. The Four Arts has engaged with experts in architecture, preservation, and community development to craft a proposal that strikes the delicate balance between progress and preservation.
    The application for this change in zoning and renovation project itself has the support of the vast majority of town residents and organizations with almost no objections. These are the people who elected you to the town council. So put simply, we are asking the town council to approve this now, without delay. The longer this drags on, the greater the likelihood that something will happen that will derail this project. The members of the Four Arts are being very financially supportive, and we are confident that will be able to raise the $150 million required to fund the renovation and associated costs. A delay in approving our request for a special zoning district will certainly hurt our fund-raising momentum. And at the same time, construction costs continue to escalate. The longer it takes to move this project forward the greater the likelihood that construction costs can spiral out of control. This again supports the need for prompt approval of the new zoning district. Lastly, is what I call the “law of unintended consequences”. Perhaps the stock market crashes, or there is another pandemic, or perhaps a hurricane wreaks havoc on our community. Any and all of these things can derail this project.
    This all speaks to the need to approve the new zoning district now. I realize that following this, the renovation plans will still need to be approved, but approving the zoning change will be a very large step in moving this project forward.
    In conclusion, I urge this council to stand on the right side of history and approve without delay the zoning proposal put forth by the Society of the Four Arts. Let us honor our past, celebrate our present, and build a brighter future together. Please vote in favor of the zoning changes at tomorrow’s meeting.
    Yours truly,
    Joseph Jacobs | President

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

    Received via email 3.11.24:
    Dear Mayor and Council Members,
    I listened with interest to the hearing of the Four Arts application at P&Z last week and was struck by a few things of note, notwithstanding the very artful presentation by Mr. Oyer. First, almost all of the testimony in favor was from Four Arts members/trustees who have a personal interest in the outcome. Not all Four Arts members are in favor of expansion, but those who are not will not testify in public for obvious reasons, so the Council does not have the benefit of their point of view. It would be helpful to know how many members are not in favor of the application, and why not.
    Secondly, it was apparent from the testimony of a trustee that the children's library is now engaged in programs of a regional nature, and not a "town-serving" one. Mr. Forbes mentioned 150 library programs that brought over 25,000 children, families, and teachers to the facility last year, from other towns such as West Palm Beach, Wellington, and Loxahatchee. While the Four Arts activities are highly commendable in their content and quality, the expansion of them to residents of other towns is not consistent with town ordinances and is not compatible with the town's comprehensive plan goal of reducing intensity wherever possible. It seems as though the Four Arts, like many organizations, is experiencing mission creep. My concern is that ballooning membership and increased outreach to other towns will bring more congestion to town and to an area that can hardly take it. (Parking at the Four Arts is already a challenge and traffic on Royal Palm Way among the worst on the island.) Perhaps the Four Arts should consider the creation of a branch at an off-island location if it wishes to extend its program availability.
    Third, the addition of a cafe was offhandedly described by the applicant as a small and harmless amenity to people who might like a beverage after hearing a speech. This seems disingenuous - the more amenities and the more and bigger the programs, the greater the attraction to people in and out of town. The Flagler Museum cafe is an advertised attraction with special events. Will the Four Arts cafe follow the same path?
    Finally, for a project that engendered a request that the town rezone the subject district, there was a dearth of information available to the public. How big will the renovated library be? What will the third floor space be used for? It seems only fair and right that these plans should be presented in full alongside the application for rezoning.
    With all due respect to the Four Arts, this is an important zoning matter that comes at a very critical time in town planning. It should not be rushed, and care must be taken to have strong limitations regarding usage as well as size. In addition to Mr. Suder's input, that of the town attorney would also be helpful. Better to be safe than sorry.
    Thank you for your consideration.
    Carol LeCates
    212 Seabreeze Ave.

    Received via email 3.11.24:
    Dear Council,Mayor and P&Z Director,
    My previous email addressed 005-024, the comprehensive plan amendment. 006-024-Document Division 16 Cultural Institution District 006-024 does not appear to have included additions and definitions that P&Z noted to the Four Arts legal counsel.
    This section must be thoroughly reviewed by both legal counsel and our zoning consultant before being included in the ordinances.
    134-182 it was to state that the single not-for-profit cultural institution is owned and operated by an IRS tax exempt entity.
    134-1483. A lack of definition re permitted uses: Art Galleries many are for profit, new language required for this section.
    134-1484 Accessory uses. This section need clear limitations , specific number of residential units-3 as now?
    What parking parameters need to be established?
    134-1485 Special exception uses, limit to one accessory cafe, define hours, define limited menu, limit number of seats, no advertising. This amenity must be severely limited to avoid being a regional draw . Define existing kitchen to be used. No further kitchens added. Standards here are too loose.Parking must be supplied.
    134-1488 Sections 1-9 all need fine comb review and reductions. How large are the limited to 3 residential units?
    Extreme attention to setbacks, eliminate three story buildings . Show built-out plan and where exactly changes, additions can be made as written. Increase side yard set backs. No three stories on the O’Keefe. Preserve existing historic structure without height additions. Building of 300’ long is too long=football field or 10 story if built upright.
    134-1489 Cap height of status at 12’.
    134-1490. What are the actual structures which exist and will become non-conforming and can remain? Show on plan.
    134-1491 Was to be removed as not constitutional.
    134-1492: special event prep quiet work ; DEFINE HOW OFTEN these can take place. V. Intrusive on weekends. This would apply to all the codes?
    Signage: 134-1493 Decide if existing to remain, remove, alter? Need maximum number and style definitions
    Consider the number of people 30% of which are off-island and how increasing the activities in the Children’s library will attract more and more car trips. Should the Four Arts through attrition be required to reduce the number of non-resident memberships of their 2,000 members? What intensity beyond what they now have- 150 programs, 7,000 children etc will this zoning district lead to?
    Thank you for taking the time to thoroughly study every angle of this proposal with the desire to help the Four Arts where necessary without increasing traffic and parking congestion and diminishing the town-serving aspect of the Society.As a neighborhood resident, we are barraged by non-residential uses from the Rec, Day and Public Schools and the Four Arts. The Society functions differently than a residence, but it remains carved out of a residential district and on one of the most heavily used intersections of Palm Beach.
    Sincerely,
    Anne Pepper
    Anne C.Pepper
    333 Seaspray Avenue
    Palm Beach, FL 33480

    Received via email 3.11.24:
    To the Town Planning & Zoning Commission and Council,
    We are writing this letter with regards to two matters that are currently being proposed by The Society of The Four Arts (Four Arts): changing the current zoning to a newly created Cultural Institution zoning district; and the plan to renovate and expand several of the current buildings within the Four Arts Plaza campus.
    As the only direct abutting neighbor to the Four Arts, it is important for us to voice our support of both these matters.
    Providing the ability for the Four Arts to be categorized in an appropriate zoning district as opposed to remaining in their current residential zoning makes perfect sense. Rather than having to apply for a myriad of variances merely to provide their standard services, creating the new Cultural Institution zoning district will enable both the Four Arts and the Town of Palm Beach to operate more efficiently. For the town, this includes spending less time dealing with unnecessary variance handling together with the ability to govern the activities of the Four Arts in the correct category based on their defined scope.
    We are also comfortable with this re-zoning taking place prior to the completion of the town wide comprehensive zoning rewrite activity because the Cultural Institution zone is not presently available as a possible zoning category within the town. As such, we are confident that once the rewrite activity is complete, the new Cultural Institution zone will be a valuable addition to the current list of zoning options. Furthermore, the scope of this zoning district would not apply to more than a couple of other intuitions who would meet the defined criteria.
    The aging nature of several of the buildings within the Four Arts campus restricts the ability to provide services to our community at a level that should be expected. The proposed plans will improve the quality of the services provided for all ages and thoughtfully address current safety and security issues presented within the current buildings. The proposed expansion and renovations have also be designed with a high level of historic sympathy to the legendary architects of its past.
    In summary, we are totally supportive of the current plans outlined by our direct neighbor, the Four Arts, and look forward to the next chapter of cultural, musical, artistic and educational services provided to our community.
    Should you have any questions, please don’t hesitate to reach out.
    Best
    Geraldine Evans and Steve Evans
    15 S Lake Trail
    Palm Beach, FL 33480

    Received via email 3.10.24:
    Dear Town Council Members,
    We are thrilled and very appreciative that the Planning & Zoning Commission approved the Four Arts proposal to be included in a newly created Cultural District.
    We hope that with their unanimous approval, the Town Council will unanimously approve it as well.
    History shows that The Four Arts is the most town-serving organization in Palm Beach and additionally, we do everything we can to be good neighbors. Our new plan will serve our children and our community better than before. Our buildings are old and need repair now.
    We are sure you know all the facts by now, so we respectfully ask you to help us put this plan in place. Time matters tremendously as costs go up…and our donors are aging. There is great momentum now and we hope you will help us keep it by approving our proposal as soon as possible.
    With appreciation for all you do,
    Melinda and Thomas E. Hassen

    Received via email 3.10.24:
    Mayor Moore & Members of Town Council,
    I am unable to attend the upcoming Town Council Meeting, and as such would like to submit my support in writing. I live at 401 Seaview Avenue and I am an abutting neighbor to the Four Arts. I would like to reiterate my support for the Four Arts’ plan that was recently approved by the Zoning Committee. It is plainly obvious to me that this is what should have been done initially when the Four Art originated. Placing this institution in a Residence Zone classification is illogical and this seems like a good opportunity to fix that error.
    As for the Four Arts, I could not ask for a better neighbor. As an Institutional Partner, I think the accretive nature and importance of their partnership with the Town has been well articulated and proven. On an abutting neighbor level, the Four Arts is a fabulous neighbor. Living on the corner of Seaview and Cocoanut Row, I am at the apex of traffic and noise at the intersection with the schools to the east, and the Four Arts to the south. I can feel the traffic flow and instinctively know when there are events at the schools, or the bridge is up, as I cannot exit my driveway. The Four Arts has been extremely helpful to the neighbors on the street by volunteering to place the Seaview transformers on their property, as well as the Street’s storm drains. Dr Rylands and his staff are sensitive to our proximity and have always gone above and beyond to ensure that I am informed of any events that may cause a disruption. I find the organization to look upon the street as true neighbors and have always sought to do the right thing
    It is for these reasons that I am in full support of the proposal.
    Best,
    Bill Roberts
    401 Seaview Avenue
    Palm Beach, FL 33480

    Received via email 3.7.24:
    Dear Town Council members,
    My name is Earle Betts. My wife Nicole and I reside at 409 Seabreeze Avenue, only three blocks away from The Four Arts. This is especially convenient for me, as I am visually handicapped. We are members of that institution, and are frequent attendees of their various programs, which we consider to be of excellent quality.
    Several days ago, we attended a lengthy presentation at the Four Arts on the proposed renovations and rezoning. Since that meeting, I have both walked the 10 acre facility and given the matter considerable thought. My conclusion is that I am strongly in favor of the Four Arts requests to City Council. My reasons are as follows:
    1. The current zoning is not appropriate to the current use. A change to an institutional designation is clearly needed. To remain in current zoning status would require ongoing voluminous requests for variances for any meaningful changes. This makes any future planning opaque at best. Both the town and the Four Arts need a clear set of rules to play by, which is what the zoning change would provide.
    2. The architectural planning is excellent, and provides great enhancement to the facility. It solves many pressing problems in a sensitive way, paying tribute to its history.
    3. The Four Arts has proven itself to be a “good neighbor” in partnering with the town. Just a few examples of this are the library serving our total community, the garden free to all, the parking provided for the school, and the pump stations.
    4. Palm Beach is a truly special place. We have an opportunity to create a world class facility. Astonishingly, all indications are that the Four Arts will be able to raise the necessary funds without being of any burden to the town.
    Thank you for taking the time to read my thoughts. This is truly an important matter for Council, but I believe the way forward is clear.
    Very truly yours,
    Nicole and Earle Betts

    Received via email 3.5.24:
    Dear Members of the Town Council:
    I would like to add my voice to those supporting affirmatively the multi-million dollar development and zoning proposals that will be before the Town Council. I am a Member of the Four Arts and a Town of Palm Beach resident. The Board of the Four Arts has done a masterful job of planning, including employing a world class architectural firm specializing in the rehabilitation and restoration of historically significant buildings. The Four Arts has contributed immensely to the cultural life of Palm Beach and its residents over many years. I consider it a jewel being polished after much use…. all for the benefit of our residents. We all should be in favor of what is being thoughtfully proposed.
    Thank you.
    Charles James Frankel III
    330 Cocoanut Row, 1B
    Palm Beach, Florida 33480

    Received via email 3.5.24:
    Dear Mayor and Members of the Town Council of Palm Beach,
    We live on Ridgeview Drive, and we are writing this letter in support of the Four
    Arts plan to renovate and improve its campus and its application for a zoning
    change from a residential to a cultural zone.
    The Four Arts Organization is a treasure in the Palm Beach community. Its
    cultural programs, lectures and classes are a unique gift to our residents. The
    proposed renovations and improvements will enhance the experiences of all
    attendees and participants, and will provide a more secure and modern
    Children’s Library, for example, as well as more comfortable and efficient
    Auditorium and Gallery space.
    We urge you to approve these plans, as these renovations will enhance the
    experience of everyone who attends the Four Arts programs and will provide
    additional space and security to its campus.
    Sincerely,
    Diane and Tom Smith

    Received via email 3.5.24:
    Dear Mayor Moore and Members of the Town Council,
    Thank you for all of your time, energy, and efforts to maintain our beautiful town of Palm Beach. As a longtime resident, I recognize how fortunate I am to be in Palm Beach.
    Several years ago, I was asked to serve in numerous capacities at The Society of the Four Arts. It is a pleasure to participate in our town's leading cultural institution as Chairman of the Fine Art Committee. After thorough review of a detailed Master Plan, I am pleased to support its completion. I completely support better zoning for the Society of the Four Arts as a major part of a Cultural Zone.
    The Society of the Four Arts' Philip Hulitar Sculpture Garden is the centerpiece of Palm Beach. Most visibly at the corner of Cocoanut Row and Royal Palm Way, it is the first thing seen after crossing Royal Park Bridge to enter Palm Beach. As chairman of the Fine Art Committee at the Society of the Four Arts, my committee and I spend endless hours working to ensure that our Sculpture Garden remains open and beautiful. There are three entrances, including the main entrance at the corner of Cocoanut Row and Royal Palm Way, another next to the King Library, and one next to the Dixon Education Building. All three are open seven days per week to everyone, not just members of the Society of the Four Arts.
    Several years ago, the Fine Art Committee went through a lengthy deaccession process, to sell off old pieces in storage. We raised funds to buy fine bronze original sculptures for the Sculpture Garden by Henry Moore and Gaston Lachaise. In addition to these artists, the Sculpture Garden displays numerous other works by major, recognized artists, which are treasures for our town. We also hold exhibitions there, like the recent Dale Chihuly Exhibition, and the current outdoor photography show Flora Imaginaria, again, open to everyone. I regularly give tours there and we hold numerous programs there, not just for members of the Society of the Four Arts. It would be a pleasure to walk with you through the Sculpture Garden, and share the work there with you, anytime at your convenience. The Sculpture Garden is our town's centerpiece, a great center of our own artistic and cultural heritage, and I hope that every member of our town council will experience it.
    We know that the Four Arts is in need of numerous updates, including a backstage for the Gubelmann Auditorium, and restored, improved exhibition galleries with standard necessary support areas, and many other upgrades, all for the benefit of all Palm Beachers.
    Please don't hesitate to contact me with your questions and comments.
    Again, thank you very much for all that you do for Palm Beach.
    All best wishes,
    Michel Witmer

    Received via email 3.6.24:
    Dear Mayor Moore and Members of the Town Council,
    We are the owners of a home at 441 Seaview Avenue in Palm Beach making us close neighbors of The Society of the Four Arts.
    We are familiar with The Four Arts Masterplan to renovate and improve its campus as well as their proposal to amend their current zoning from residential to cultural. We are very supportive of both submissions. The Four Arts organization offers many unique and interesting programs that benefit the entire Palm Beach community, and we feel should not be subject to the residential zoning requirements.
    Once the renovation is completed, the benefits resulting from the improvements will allow the Four Arts to provide a more secure and modern children's library, a backstage for the Gubelmann Auditorium and support spaces for the upgraded exhibition art galleries. This will mean that all those who attend the Four Arts' programs will enjoy enhanced programming for many years to come.
    We respectfully ask for your support and approval of The Society of the Four Arts' requests.
    Sincerely,
    Nancy and Steve Crown

    Received via email 3.6.24:
    Dear Mayor Moore and Town Council Members:
    As an organization with the mission of improving the quality of life in the Town of Palm Beach, the Palm Beach Civic Association will from time to time take positions on matters which we believe will have a positive impact on the residents of Palm Beach. We do so only when we believe a particular proposal will have a meaningful positive impact on the Town.
    The Civic Association Executive Committee recently reviewed the plans for the renovation of the O'Keefe and Rovensky buildings at the Four Arts campus. The Four Arts has served as an important cultural center in Palm Beach for many decades. The O'Keefe building has been a gathering place for music, art, lectures, and cultural performances. The building is clearly in need of updating and the proposed renovation will, in our view, significantly enhance the user experience. These renovations will allow the Four Arts to better serve our community as a cultural center for decades to come. Similarly, the proposed changes to the Rovensky building, particularly to the Children's Library, will significantly benefit our community, particularly for families with young children. Accordingly, these proposed renovations have the Civic Association's full support.
    We understand that the Four Arts is seeking a zoning change from
    residential to a new civic or cultural zoning designation in order to
    accomplish these renovations.
    The current residential zoning designation does not seem appropdate for a ten-acre parcel that has no residences and only a community serving cultural institution. The need for multiple variances from standards intended for residential zoning in order to achieve the renovations contemplated, and the broad rights to appeal any grant of a variance, can seriously impair the ability of a project like this to move forward.
    In our view, that cumbersome variance process, and the potential for delay it carries with it, will not serve our community's best interests. Accordingly, we support the concept of civic/ cultural zoning district for the Four Arts property. Our support of this change is limited to the Four Arts and should not be construed as a broader endorsement of zoning changes to other parts of the Town.
    We further understand that the Four Arts has submitted a proposed Zoning Code amendment for consideration. It is beyond our role to weigh in on any particular language of a proposed code change. The concept of a cultural zoning district makes good sense for the Four Arts, and we will leave the drafting to Town staff and legal counsel.
    Finally, the Civic Association is mindful of the extent to which the Four Arts has made a positive contribution to our Town for many decades. The King Library is the official Town library and receives modest financial support from the Town. The sculpture garden is a restful greenspace on a busy corridor that is open to the public. The lectures, classes, exhibits and performances all make Palm Beach a more stimulating place to live. We hope that the goodwill the Four Arts has generated by being a good "Town citizen", will factor into the Council's analysis of this complex, but important proposal.
    The Civic Association thanks each of you for your service to the Town.
    Very truly yours
    Michael J. Pucillo
    Chairman and CEO
    Palm Beach Civic Association

    Received via email 3.5.24:
    Dear Members of Planning & Zoning and Town Council,
    As the neighboring building owner of 440 Royal Palm Way, directly across the street to The Society of The Four Arts, I am writing in full support of their application to renovate and modify their existing structure under a Cultural Institution Zoning District. Phillip Rylands and the rest of the Four Arts team have been outstanding neighbors, and we are excited to witness this long overdue and substantial capital investment come to fruition.
    After reviewing the plans and meeting with several representatives of The Four Arts, I am confident that the Town of Palm Beach will use good faith efforts to help The Four Arts achieve their goals as one of the prime town-serving Palm Beach institutions for future generations to come. It is clear this unique property does not belong in the R-B zoning district and should be studied through a lens that is more pragmatic for 2024 and beyond.
    Thank you for your time and dedication to preserving the character and charm of Palm Beach.
    Sincerely,
    Spencer J. Schlager
    CSPB 440 LLC
    440 Royal Palm Way, Suite 304
    Palm Beach, FL 33480