Meeting Time: April 10, 2024 at 9:30am EDT
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Agenda Item

d. ZON-23-020 (COA-23-003) 139 N COUNTY RD - THE PARAMOUNT THEATER (COMBO) - SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCES The applicant, WEG Paramount LLC, has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for the renovation of an existing Landmarked theater structure and the construction of a new three-story mixed use (retail and four residential units) development including Special Exception requests (1) to permit Private Club use in the C-TS district, (2) for square footage greater than 3,000 SF in the C-TS district, (3) for Outdoor café seating use associated with a private club in the C-TS district, (5) for two stories in the C-TS district, (6) for shared parking in the C-TS district, and (7) for a modification to a previously approved Special Exception for Churches, synagogues or other houses of worship to allow for a flexible event space. The applicant is also seeking Site Plan Review for new building(s) or for changes in a permitted use in Sec. 134-1107 which involve more than 2000 square feet of building floor area in the C-TS zoning district. Additionally, the applicant is seeking review and approval for Variances (1) to reduce the required front yard setback, (2) front side street yard setback, (3) and to reduce the required rear yard setback requirements for new construction, (4) to allow three stories in lieu of two stories in CTS district, (5) to exceed the maximum height, (6) to exceed the maximum overall building height, (7) to exceed the maximum allowable lot coverage limitation, (8) to exceed the maximum building length permitted, (9) to exceed the maximum building size (floor area) permitted, (10) to reduce the require overall landscape open space, (11) to reduce the required front yard landscape open space, (12) to reduce the required front yard setback for the subterranean parking level, (13) to reduce the front side street yard setback for the subterranean parking level, (14) to permit mechanical lift parking in the parking garage, (15) a variance to exceed the maximum height of a perimeter wall on a side or rear property line, (16) to permit residential uses on the first level in the C-TS zoning district in lieu of the above the first-floor requirement, (17) to allow generators on a roof(s), (18) to exceed the maximum height of a screening wall for mechanical equipment on a roof, (19) to exceed the maximum height of mechanical equipment on a roof, and (20) to exceed the maximum height of chimneys, in conjunction with the renovation and adaptive reuse of an existing Landmarked theater structure and the construction of four connected residences with ground floor retail components with two levels of subterranean parking. The Landmarks Preservation Commission will perform the design review. [This project was deferred at the March 13, 2024, Town Council meeting to a date certain of April 10, 2024]   TIME CERTAIN 3:00 PM

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    Guest User about 1 year ago

    From:
    Elinor Belfer
    120 Sunset Avenue, Apt. 3C

    Re: 139 N. County Road aka Paramount

    Dear Mayor and Town Council,

    This marks my third public comment on the proposed Paramount project. To remind everyone, my late husband, Norman, and I have resided on both Sunrise and Sunset Avenues for decades. It is imperative that the Paramount project be denied in its current form, once and for all.

    The project is a tone deaf and major affront to the residents of Sunset Avenue, Sunrise Avenue and the greater Palm Beach community, who all sit through several traffic light cycles on a daily basis just to go about our lives - and that's before a 475-member private club is operating. There is simply no reasonable solution that makes a private club feasible in this already over-congested part of town. If the Paramount and its developers want to be town-serving and a boon to the community, the current proposal is not a neighborly gesture at all.

    My friend Maggie Zeidman said it best in her concluding remarks today as she departed her Town Council position: "Our council will protect what we all hold dear, which is to live quietly and peacefully..." Town Council, please hold true to this pledge. Our town has a Comprehensive Plan and codes in place to ensure these basic tenets of a small town community are protected and provides the Town Council with grounds to deny projects that would result in intensification of use. Anyone could tell you the proposed Paramount project would be an intensification of use.

    All I ask of the Town Council is to protect my ability to "live quietly and peacefully" - and in doing so, reject the Paramount project as proposed.

    Sincerely,
    Elinor Belfer

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    Town Clerk admin about 1 year ago

    Please see the attached public comments received for this item as of April 8, 2024.

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

    Received via email 4.2.24:
    Good morning Mr. Bergman,
    Questions have arisen about the parking lot at the Paramount Building.
    (Triggered in part by a recent Saturday night party in the courtyard)
    The proposed entrance driveway from Sunset into the parking lot has:
    1. A pretty steep
    Angel of Ascent, or Descent, depending on your direction of travel.
    2. Not a great swing radius from Sunset into the entrance driveway,
    3. The swing radius’s in the parking lot might not meet the required turning radius.
    4. The exit driveway onto Sunrise, is rather narrow. Does it meet the standards required for ambulances and fire equiptment?
    5. The exit driveway onto Sunrise has a very limited line of sight to the west, as the building is tight to the driveway, sidewalk and street.
    Also the distance from the driveway to the county road, the intersection with North County Road.
    Is this line of sight in accordance with regulations?
    5 (a) The distance to County Road?
    Is the distance to the intersection an accident risk?
    6. The sight lines to the east are better, are they adequate?
    As these are serious safety questions- concerns, we hope you will be able to give us a prompt reply.
    Please let us know when we might expect it.
    Please let us know you received this e mail…
    Thank you for you assistance.
    Rick (Eric) Smith
    Unit 315
    130 Sunrise Ave.
    Palm Beach, 33480

    Received via email 3.28.24:
    Dear Mayor Moore, Council President Zeidman, Councilwoman-elect Bridget Moran, Members of Council and other interested parties,
    My name is Jerry Zaro and I am the President of the 100 Sunrise Condominium Association. We and our sister building house 240 apartments. Together with our fellow consortium members in opposition to the Paramount Theater application, we represent over 500 residential units.
    At the request of counsel, we are carefully reviewing the Paramount Theater application, various legal matters surrounding that application, and preparing to meet with Mr. Woerner and his team. I did want to bring one thing to your attention which continues to concern and baffle us regarding the application. As you all know, the Transportation Element of your Comprehensive Plan would be violated if a Special Exception were to be granted which exacerbates existing adverse traffic conditions.
    Now we all know that there are significant traffic problems right in front of the Paramount Theater and on the surrounding streets. By the naked eye, I would say these traffic conditions warrant a grade of F. However, we won't know the technical grade until the new Corradino traffic report is submitted to replace the inadequate one they submitted previously and which you rejected.
    Thus, in the absence of the issuance of the updated Corradino report setting a technical grade for the existing traffic conditions, how in the wide world will you be able to assess whether the injection of new traffic associated with a Paramount Theater approval is legally permissible under your Comprehensive Plan? You cannot responsibly do so in the absence of that report.
    Accordingly, I reiterate for the record our position that there is no basis in law or in reason to entertain the Paramount Theater application until the facts pertaining to existing traffic conditions are known. There is simply no reason nor urgency to "shoot first and ask questions later".
    Let's ask and answer the questions first.
    Thank you for your consideration.
    Jerry Zaro
    President
    Sun and Surf 100 Association, Inc.

    Received via email 3.28.24:
    Dear Council,
    This is the newsletter that NAPB has sent to our mailing list regarding the upcoming meetings of Town Council and Planning and Zoning Commission. As some of us will not be able to attend these meetings, we would like you to be aware of discussions regarding these issues that are now taking place in the community. Preservation Foundation’s Robert Grace Symposium today brought out many interesting concepts which could be helpful in finding solutions to the increased intense redevelopment pressures facing our little town. Context is essential in creating a code that matches the unique qualities of Palm Beach. What is redeveloped must make significant gestures to the street, Paul Goldberger, New York Times architecture critic and Pulitzer Prose winner, said. This town has a fabric and a good scale because it is more than a resort. It is a town where people live. But as it becomes more and more popular, it loses diversity and that diminishes community. That effect is seen in the Carriage House Club and could also occur with the Paramount if not properly thought out. Apartments in that building could be a way to enhance diversity in the built environment as the building was originally envisioned. Mr. Goldberger also said "what is added and what is taken away must add to the life of the community". I hope you will all listen to the presentation at the Preservation when the video is made available.
    Sincerely,
    Anne Pepper

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    Guest User about 1 year ago

    Palm Beach, FL 33480
    To the Town Council
    My name is Lawrence Sosnow. I live with my wife, Ellen, at 156 Sunset Avenue, Palm Beach, in a home we bought in 2014. Our home and neighbors' homes are the closest to the proposed Paramount project and will be impacted the most.
    My concern about the Paramount project's change to our neighborhood's character led me to organize an informal group of homeowners on the 100 block of Sunset Avenue to
    present our views.
    We believe the Council is not fully aware of the large residential population on Sunset Avenue and how the proposed project will intensify traffic day and night. Traffic at our intersection of N. County affects us more than any other homes in Palm Beach as we attempt to navigate onto the already treacherous N. County F]d intersection every day.
    If you add the dozens of vehicles, both day and night, expected from Paramount Club members, guests, and other visitors who will enter Sunset Avenue to reach the club's driveway, who, upon entering Sunset, must turn left within 100 feet and cross over the westbound lane of Sunset into the Club's driveway. With two or more vehicles lined up in the west-bound opposite lane waiting to enter N. County, vehicles waiting to cross over will back up onto N. County and create a monster snarl for all traffic.
    When you add the traffic from the fifty-eight families living on the 100-block of Sunset Avenue (see Appendix) with their staff, vendors, and guests, plus cars and vehicles of their vendors, Iandscapers, and other contractor services, and the Biltmore and White Elephant shuttle buses going to the beach and back, the traffic on Sunset, conditions will become difficult and dangerous. This condition is immensely disturbing to the quiet and peaceful enjoyment of our property, which we owners feel is a right of ownership.
    Therefore, we resolved at our group's meeting on Saturday morning, April 6th, to unanimously approve the following positions:1.
    1 Nine in favor, none opposed, four absent and not participating.

    1. The Existing Traffic Problem
    Before deciding on the Paramount project, a proper traffic study must be taken during the season, covering December to March.
    The proposed Traffic Study must also closely study our 100-block of Sunset. The street has only two possible turns, north or south on N. County, and the intersection is almost always blocked on N. County F`d.
    Until we have a professional traffic study completed, we recommend:

    Install a no-right-turn signal from the 200-block while the 100-block green light is On.
    Police officers should be assigned to the two key intersections between 1 pin and 6 pin to control traffic flow until solutions are found.
    Install a sign that alerts drivers that there is no public parking on the street as many cars drive down the street to find parking, and when unavailable, they U- turn, adding to the congestion entering N. County Pd.
    Fix the blocking-the-box at Sunset and N. County by continuing the green light at N. County and Royal Poinciana with the light red on enough at Sunset to allow all southbound traffic to clear that one block.
    The Paramount Project

    2E
    After adopting the traffic study and its recommendations, we make the following statement.
    The residents of the 100 block do not believe that a private club is appropriate for the Paramount location and would be inconsistent with the town's interests and inconsistent with the local community's character.
    Converting the cherished Paramount Theatre into a private club for a select few of our
    population, many of whom may not live in Palm Beach, is unsettling. The project will increase traffic, make our street denser at all hours, and make it more dangerous to our
    residents.

    Our key problems with the proposed project are:
    • •
    • •
    • •



    • •
    Adding club traffic to local streets will worsen congestion, which is already a big
    problem for Palm Beach, as everyone knows.
    Loss of retail stores and services such as The French Wine Merchant,
    Chickmunk Coffee, and the yoga studio that serve both the neighborhood and the town.
    Noise and music limitations will be hard to control.
    Having outdoor caf6 noises from the courtyard and second level at late hours will
    disturb the peace.
    Public events with out-of-town people will occur and be impossible to supervise.
    The increased number of cars and people will threaten the safety and security of
    Sunset residents, and it will be extremely difficult for them to police the activity. Chauffeurs and other service vehicles will be using local streets, including quiet
    Sunset Avenue, as cell phone lots.
    Operational limits for the coming and goings of staff and vendor delivery activity
    at all hours of the day and night will create traffic, noise, and security concerns. Managing security in a large entertainment venue, even if security cameras are
    extensively used.
    Control of valet operations for a large membership base with queuing and noise Sanitation, recycling, and garbage collection issues will overspill into the
    neighborhood and force residents to police the Club's behaviors.
    The Paramount project for a select few does not appear to comport with the Town's Master plan, which aims to enrich the community.
    As Paul Goldberger was quoted in the Palm Beach Daily News, "lt's about preserving the peculiarities that define a town's unique nature."
    Sincerely,
    Sfro/
    Lawrence (Larry) Sosnow, Lawrence F. Flick, and Vince Cloud (see Appendix) On behalf of the Sunset Avenue 1 OO-BIock Homeowners Group
    156 Sunset Avenue, Palm Beach, FL 33480
    561 -346-4477 LSosnow@me.com
    Appendices attached
    _-=_-_-_
    3

    Appendix
    A. Population of Sunset Avenue
    1. The renovated apartment building at 184 Sunset Avenue has been under renovation. (Its twenty-three rental apartments will re-open later this year, with only on-the-street stickered parking. This will use almost every space on our street at night and even during some of the day.
    2. Leverett House Buildings 110 and 120, with twenty-eight families
    3. Thirteen Homeowners at 146,152,156,159,160,173,175, and 176.
    8. Bio's of Cloud, Flick and Sosnow-see attached pages

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    Guest User about 1 year ago

    Dear Mayor and Council,
    I am sure you are aware that there are many among us in opposition to the proposed Paramount Theatre renovation and change in use. I share that opposition. While I’m sure you are receiving many letters regarding the special exception, the huge number of proposed members that would frequent the private club, parking issues, and the lack of any real restoration of the historical Paramount that would save even some of the great design an atmosphere of the original building, I won’t repeat these arguments against the current proposed plan.
    I simply want you to consider today and then tomorrow when you might be driving in the Sunrise, Sunset area what would be the result of this increased traffic on top of what currently is a disaster. I understand there is a traffic study in the works, and I have no doubt what it will tell…more than the disaster we have now, it will become a tragedy for us all, and one that would be very difficult to unwind.
    An online review of Shakespeare’s tragedies cites that they ended with an unhappy ending, especially one concerning the downfall of the main character. In our case the main character is our great town. I’d rather we channel a more upbeat stage performance. Harold Hill in The Music Man may have hood winked the townsfolk in the beginning, but they figured it out for a great outcome. Right now, we are faced with “a capital P and that rhymes that T and that stands for Trouble.” But we are smart enough to get the band playing at the end of this pursuit.
    I appreciate your concerted efforts and diligence in weighing all aspects of this proposal and the needs of all of us in Palm Beach.
    Sincerely,
    Peter Slack
    150 North Ocean Blvd. #302