TENTATIVE: SUBJECT TO REVISION

TOWN OF PALM BEACH Town Manager's Office TOWN COUNCIL MEETING DEVELOPMENT REVIEW TOWN HALL COUNCIL CHAMBERS-SECOND FLOOR 360 SOUTH COUNTY ROAD AGENDA JANUARY 13, 2016 9:45 AM

Welcome! For information regarding procedures for public participation at Town Council Meetings, please refer to the end of this agenda. I.

CALL TO ORDER AND ROLL CALL Mayor Gail L. Coniglio Michael J. Pucillo, President Richard M. Kleid, President Pro Tem Danielle H. Moore Penelope D. Townsend Robert N. Wildrick

II.

INVOCATION AND PLEDGE OF ALLEGIANCE

III.

RECOGNITIONS

IV.

COMMENTS OF MAYOR GAIL L. CONIGLIO

V.

COMMENTS OF TOWN COUNCIL MEMBERS AND TOWN MANAGER

VI.

COMMUNICATIONS FROM CITIZENS - 3 MINUTE LIMIT PLEASE

VII. APPROVAL OF AGENDA VIII. PUBLIC HEARINGS A.

Page 8

RESOLUTION NO. 04-2016 A Resolution of The Town Council Of The Town of Palm Beach, Palm Beach County, Florida, Ratifying And Confirming The Determination of The Landmarks Preservation Commission That The Property Known As 122 Kings Road Meets The Criteria Set Forth In Ordinance No. 284, Also Known As Chapter 54, Article IV Of The Code of Ordinances of The 1

Town Of Palm Beach; And Designating Said Property As A Town of Palm Beach Landmark Pursuant To Ordinance No. 2-84, Also Known As Chapter 54, Article IV of The Code of Ordinances Of The Town of Palm Beach. John S. Page, Director of Planning, Zoning and Building

IX.

B.

RESOLUTION NO. 05-2016 A Resolution of The Town Council of The Town of Palm Beach, Palm Beach County, Florida, Ratifying And Confirming The Determination of The Landmarks Preservation Commission That The Property Known As 123 Kings Road Meets The Criteria Set Forth In Ordinance No. 284, Also Known As Chapter 54, Article IV of The Code of Ordinances of The Town of Palm Beach; And Designating Said Property As A Town of Palm Beach Landmark Pursuant To Ordinance No. 2-84, Also Known As Chapter 54, Article IV of The Code of Ordinances of The Town of Palm Beach. John S. Page, Director of Planning, Zoning and Building

C.

APPLICATION TO RELOCATE PEDESTRIAN BEACH ACCESS EASEMENT WITHIN THE REPLAT OF THE BLOSSOM ESTATE SUBDIVISION The application of Blossom Way Holdings, LLC, a Delaware limited liability company, by and through its counsel, Maura Ziska, at Kochman & Ziska, PLC, owner of 20, 30, 40 and 50 Blossom Way, requesting the abandonment of an existing pedestrian access easement located on the north five feet of Lot 3, of REPLAT OF THE BLOSSOM ESTATE, commonly known as 30 Blossom Way and simultaneously dedicating a new beach access easement on north five feet of Lot 1, of REPLAT OF THE BLOSSOM ESTATE, commonly known as 50 Blossom Way. The Town Staff is proposing that said easement also provide access to the State of Florida and the Town of Palm Beach for sand and turtle nesting monitoring. [Maura Ziska, Esq.] John S. Page, Director of Planning, Zoning & Building

D.

RESOLUTION NO. 06-2016 A Resolution of The Town Council of The Town of Palm Beach, Palm Beach County, Florida, Providing For The Abandonment of The Existing Pedestrian Access Easement On The North Five Feet of Lot 3, And Dedicating A New Pedestrian Access Easement On The North Five Feet Of Lot 1, Replat of The Blossom Estate As Recorded In Plat Book 54, Pages 127 And 128, Palm Beach, Florida, At The Request of Blossom Way Holdings, LLC. John S. Page, Director of Planning, Zoning and Building

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Page 85

DEVELOPMENT REVIEWS A.

Variances, Special Exceptions, and Site Plan Reviews 1.

Old Business a.

Consideration of a Construction Management Agreement for Redevelopment of the Testa's site (Site Plan Review #13-2014 with Special Exceptions and Variances (Modified), 221 & 231 Royal Poinciana Way, 214 & 216 Sunset Avenue, all previously approved) [Attorney: Francis X. J. Lynch] Deferred from the June 10, 2015, July 15, 2015, August 11, 2015, October 14, 2015, and December 9, 2015 Town Council Meetings Request for Deferral to the February 10, 2016, Town Council Meeting Per Letter Dated December 23, 2015, from Francis X.J. Lynch 2

Page 137

John S. Page, Director of Planning, Zoning, and Building b.

SPECIAL EXCEPTION #31-2015 WITH SITE PLAN REVIEW The Page 139 application of The Breakers Palm Beach, Inc.; relative to property commonly known as 1 South County Rd., described as lengthy legal description on file; located in the PUD-A Zoning District. The Applicant is requesting a Special Exception approval with site plan review approval for the following projects at the Breakers: Front Lawn Service Buildings: construction of two pavilions on the front lawn west of the hotel and south of the main entrance. The north pavilion (446 sq. ft. of air conditioned space) will house restrooms, while the south pavilion (710 sq. ft. of air conditioned space) will be used for the staging of food service for guests who are attending weddings and similar events that occur on that lawn and may occur on a more regular basis in the future. There will be no intensification of use because The Breakers requested that indoor space be reserved as back-up when outdoor space in in use in case of inclement weather. Ponce Loading Dock Expansion: enclosure of additional space between the Ponce Ballroom addition and the South Tower of the hotel. This space will provide services for events on the Ocean Lawn. It will include new food service equipment and a unisex bathroom. This enclosure will add 1,261 sq. ft. of air conditioned space. An awning will also be constructed over part of the remaining open corridor. Mediterranean Courtyard Service Elevator: addition of service elevator in the southeastern corner of the Mediterranean Courtyard to facilitate direct access for food service for events in the Courtyard. Currently, staff must negotiate multiple levels to get tables, food, etc. in and out of this area. Emergency generator: approval of a 900 KW generator in the new engine room on the north side of the hotel in lieu of the 600 KW generator which was approved in September of 2015. An engineering re-evaluation resulted in a recommendation for a larger generator. [Attorney: James M. Crowley, Esq.] [Landmark Commission Recommendation: Deferred consideration of the variances related to the two proposed pavilions on the front lawn, west of the hotel and south of the main entrance, to the November 18th meeting. Carried 7-0] Deferred from the December 9, 2015, Town Council Meeting Request for Withdrawal Per Letter Dated December 7, 2015, from James M. Crowley, Esq. John S. Page, Director of Planning, Zoning & Building

c.

SITE PLAN REVIEW #8-2015 WITH VARIANCE The application of Page 142 201 Debra Lane, LLC (Juan M. Naveja Diebold, Manager); relative to property commonly known as 201 Debra Ln., described as lengthy legal description on file; located in the R-B Zoning Districts. The Applicant seeks Site Plan approval to construct a 3,814 square foot two story home on a platted lot that is 98.55 feet deep in lieu of the 100 foot minimum required and 91.61 foot wide in lieu of the 100 foot minimum required. A variance is requested to permit installation of a pool in the street side yard with a setback of 6.25 feet in lieu of the 15 foot minimum required. [Attorney: M. Timothy Hanlon] [Architectural Commission Recommendation: Deferred the project to 3

the requested deferral to the January 27th meeting. Carried 7-0] Deferred from the December 9, 2015, Town Council Meeting Request for Deferral to the February 10, 2016, Town Council Meeting Per Letter Dated January 4, 2016 from M. Timothy Hanlon. John S. Page, Director of Planning, Zoning & Building d.

2.

SPECIAL EXCEPTION #32-2015 WITH VARIANCE The application of Café Via Flora; relative to property commonly known as 240, 250 Worth Ave. and 256 Worth Ave., described as lengthy legal description on file; located in the C-WA Zoning District. The Applicant is requesting a Special Exception approval to modify a previously approved special exception for the restaurant by expanding the restaurant outdoor seating into the Via to the west. There are currently 36 outdoor seats of which only 24 are dedicated to the restaurant and 12 are dedicated to the public. The restaurant is requesting an additional 33 outdoor seats to be added into the Via to the west of the restaurant for a total of 83 seats (of which 71 would be dedicated to the restaurant and 12 would be dedicated to the public). A variance is being requested to have zero (0) off-street parking spaces in lieu of the 11 off-street parking spaces that are required for the 33 additional seats being requested. [Attorney: Maura Ziska, Esq.] Deferred from the December 9, 2015, Town Council Meeting John S. Page, Director of Planning, Zoning & Building

New Business a.

SITE PLAN REVIEW #1-2016 WITH SPECIAL EXCEPTION The application of Cary Glickstein, Receiver; relative to property commonly known as 160 Royal Palm Way, described as lengthy legal description on file; located in the C-B Zoning District. The Applicant is requesting Site Plan Review and Special Exception approval for modification to hotel approved plans to comport with previous approvals with exception of minor changes to improve service areas and access to those areas via stairs and elevators. The intent of the following proposed site plan changes is to address and secure the Town's approval for certain improvements that (A) are already partially constructed, (B) will improve the function of the hotel, but (C) will not increase the intensity of the use of the Property or require any additional variances of any nature: 1. Complete construction of Function Room and pool area consistent with plans previously approved by the Town. 2. Demolish partially constructed bathrooms on west side of Function Room and complete construction in area immediately adjacent to the southeast corner of the Function Room per plans previously approved by the Town. 3. Demolish partially constructed walkway, stairs and elevator in so far as it provides access to roof above Function Room; 4. Demolish approximately 1,140 square feet of office space in area previously approved as service corridor and laundry space. 5. Demolish partially constructed enclosures of portions of the basement garage on both east and west side of the Property, to restore 5 required off street parking spaces. 6. Completion of partially constructed stair 4

and elevator from basement to third floor on North side of the hotel building and demolish partially constructed elevator extension to roof top. 7. Restore guest room area on third floor which was converted to private dining over-looking the second floor dining room. 8. Demolish partially constructed partial wall in the Function Room kitchen. 9. Construction of new access stairs from the basement kitchen area to the lobby dining room. 10. Construct new stairs, elevator and dining area on the second floor dining room. 11. Construct redesigned mezzanine dining room stairs. 12. Construct opening on the east side of the Function Room wall identified as the state. 13. No reduction of condo-hotel units. The condo-hotel units remain at 79 units. 14. Remove infill framing at exterior walkways on east elevation (installed subsequent to staff's identification of nonapproved construction). [Attorney: Jacqueline S. Miller, Esq.] John S. Page, Director of Planning, Zoning & Building

X.

b.

SPECIAL EXCEPTION #02-2016 WITH SITE PLAN REVIEW The application of Maura Ziska, Esq., Attorney in Fact; relative to property commonly known as 1021 No. Ocean Blvd., described as lengthy legal description on file; located in the R-A Zoning District. The Applicant is requesting a Special Exception with Site Plan Review approval to allow the construction of a new two-story residence consisting of a 8,202 sq. ft. non-habitable underground basement/garage, 14,061 sq. ft. first and second floor habitable space, and, 2,317 sq. ft. of outdoor covered areas for a total of 25,198 sq. ft. on a non-conforming lot which is 100 feet in width in lieu of the 125 foot minimum width required in the R-A Zoning District. The subject property is part of two platted lots. [Attorney: Maura Ziska, Esq.] John S. Page, Director of Planning, Zoning & Building

c.

VARIANCE #01-2016 The application of David and Kathleen Moran; relative to property commonly known as 265 Orange Grove Rd., described as lengthy legal description on file; located in the R-B Zoning District. A variance request to allow the construction of a 59 sq. ft. one story addition on the west side of the residence for a master bedroom bathroom with a west side yard setback of 6.1 feet in lieu of the 12.5 foot minimum required. [Attorney: Maura Ziska, Esq.] John S. Page, Director of Planning, Zoning & Building

d.

Page 211 VARIANCE #02-2016 The application of M. Timothy Hanlon, as Trustee of the 240 Banyan Land Trust; relative to property commonly known as 240 Banyan Rd., described as lengthy legal description on file; located in the R-A Zoning District. The Applicant is requesting a variance approval to allow the construction of a one-story Guest House containing approximately 875 sq. ft. with a front yard setback of 20 feet in lieu of the 35 feet minimum required. [Attorney: M. Timothy Hanlon, Esq.] John S. Page, Director of Planning, Zoning & Building

Page 145

ORDINANCES A.

First Reading 5

1.

XI.

Page 216

ORDINANCE NO. 31-2015 An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 134, Zoning; Article I, In General; Section 134-2, Definitions And Rules Of Construction, So As To Amend The Definitions Of Sign Institutional, Sign Menu And Sign Official Traffic; Further Amending Chapter 134, At Article XI, Signs, So As To Amend And Restate Article XI In Its Entirety As Set Forth In Exhibit “A” Attached Hereto; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date. Deferred from the December 9, 2015, Town Council Meeting John S Page, Director of Planning, Zoning and Building

ANY OTHER MATTERS A.

Chez L' Epicier Restaurant, 288 South County Road, Consideration of TownServing Documentation and Review of Valet Parking Operations, Exception No. 22-2014 John S. Page, Director of Planning, Zoning and Building

B.

SPECIAL EXCEPTION #01-2016 The application of Chez L'Epicier (Veronique Deneault); relative to property commonly known as 288 So. County Rd., described as lengthy legal description on file; located in the C-TS Zoning District. In October 2014, the Town Council granted Chez L'Epicier approval to operate a 4,454 square foot, 138 seat restaurant. The proposed hours of operation were approved to be: Dinner Wednesday through Sunday 3 p.m. to midnight; Brunch and Dinner Saturday and Sunday 10:30 a.m. to midnight; occasional special events may occur during the weekdays or on a Monday or Tuesday night, not to last past midnight. The Applicant is requesting a Special Exception approval to modify the Declaration of Use Agreement to serve dinner Monday and Tuesday, in addition to the previously approved hours. [Attorney: Maura Ziska, Esq.] John S. Page, Director of Planning, Zoning & Building

Page 236

XII. ADJOURNMENT PLEASE TAKE NOTE: Note 1:

No written materials received after 5:00 p.m. on the Thursday immediately prior to a monthly Town Council meeting will be included in the back-up binders distributed to the Mayor and Town Council in preparation for that meeting. Written materials received after 5:00 p.m. on Thursday will be separately distributed to the Mayor and Town Council; however, depending upon the length of the materials, the time of submittal, and other circumstances, the Mayor and Town Council may not be able to read and consider such late submittals prior to acting upon the policy matter(s) which they address.

Note 2:

The progress of this meeting may be monitored by visiting the Town's website (townofpalmbeach.com) and clicking on "Meeting Audio" in the left column. If you have questions regarding that feature, please contact the Office of Information Systems (561) 227-6315. The audio recording of the meeting will appear within 24 hours after the conclusion of the meeting.

Note 3: If a person decides to appeal any decision made by this Council with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings. For such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and 6

evidence upon which the appeal is to be based. Note 4:

Disabled persons who need an accommodation in order to participate in the Town Council Meeting are requested to contact the Town Manager's Office at 838-5410 or through the Florida Relay Service by dialing 1-800-955-8770 for voice callers or 1-800-955-8771 for TDD callers, at least two (2) working days before this meeting.

Note 5:

Items listed on the Consent Agenda will be approved by one motion of the Town Council, unless the Mayor or an individual Council Member requests that any item (s) be moved to the Regular Agenda and individually considered.

Note 6:

All back-up material for the items listed on the agenda are posted to the Town's website and emailed to all Stay Informed subscribers onthe Friday before the Town Council meeting. To access the back-up materials and/or subscribe to the Stay Informed list, please visit the Town's website (townofpalmbeach.com). PROCEDURES FOR PUBLIC PARTICIPATION

Citizens desiring to address the Town Council should proceed toward the public microphones when the applicable agenda item is being considered to enable the Town Council President to acknowledge you. PUBLIC HEARINGS:

Any citizen is entitled to be heard on an official agenda item under the section entitled "Public Hearings," subject to the three minute limitation.

COMMUNICATIONS FROM CITIZENS:

Any citizen is entitled to be heard concerning any matter under the section entitled "Communications from Citizens," subject to the three minute limitation. The public also has the opportunity to speak to any item listed on the agenda, including the consent agenda, at the time the agenda item comes up for discussion.

OTHER AGENDA ITEMS:

Any citizen is entitled to be heard on any official agenda item when the Town Council calls for public comments, subject to the three minute limitation.

Town Council Meetings are public business meetings and, as such, the Town Council retains the right to limit discussion on any issue.

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TOWN OF PALM BEACH Town Council Meeting Development Review on: January 13, 2016 Section of Agenda Public Hearings Agenda Title RESOLUTION NO. 04-2016 A Resolution of The Town Council Of The Town of Palm Beach, Palm Beach County, Florida, Ratifying And Confirming The Determination of The Landmarks Preservation Commission That The Property Known As 122 Kings Road Meets The Criteria Set Forth In Ordinance No. 2-84, Also Known As Chapter 54, Article IV Of The Code of Ordinances of The Town Of Palm Beach; And Designating Said Property As A Town of Palm Beach Landmark Pursuant To Ordinance No. 2-84, Also Known As Chapter 54, Article IV of The Code of Ordinances Of The Town of Palm Beach. Presenter John S. Page, Director of Planning, Zoning and Building Supporting Documents Memorandum dated December 21, 2015 from John S. Page Resolution No. 04-2016 122 Kings Road Designation Report Landmarks Preservation Commission Minutes Dated December 16, 2015 Landmarks Designation Procedure

8

TOWN OF PALM BEACH Information for Town Council Meeting on: January 13, 2016 To:

Mayor and Town Council

Via:

Thomas G. Bradford, Town Manager

From:

John S. Page, Director of Planning, Zoning and Building

Re:

Landmark Designation of 122 Kings Road Resolution No. 04–2016

Date:

December 21, 2015

STAFF RECOMMENDATION Staff recommends ratification of the property known as 122 Kings Road as a Town landmark. LANDMARKS PRESERVATION COMMISSION RECOMMENDATION At the Public Hearing for Designation held during the December 16, 2015 meeting of the Landmarks Preservation Commission, the Commission voted (7-0) to recommend to the Town Council that the above mentioned property be designated as a landmark. In accordance with Section 54-164 (a) (11) of Chapter 54 of the Town of Palm Beach Code of Ordinances, the Town Council shall hold a public hearing within ninety (90) days of the final decision of the Landmarks Commission to consider ratification of the Commission’s recommendation. GENERAL INFORMATION The property meets the following criteria for designation as a landmark of the Town of Palm Beach: Sec. 54-161 (1) Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state, county or town; and, Sec. 54-161 (3) Embodies distinguishing characteristics of an architectural type or is a specimen inherently valuable for the study of a period, style, method of construction or use of indigenous materials or craftsmen; and, Sec. 54-161 (4) Is representative of the notable work of a master builder, designer or architect whose individual ability has been recognized or who influenced his age.

9

OWNER CONSENT Please be advised that no feedback (positive or negative) has been received from the property owner(s) relative to designation. Proper notifications were completed. TOWN ATTORNEY REVIEW Please be advised that the Town Attorney has reviewed Resolution No. 04-2016 relating to 122 Kings Road, and has approved it as to legal form and sufficiency. Attachments

cc:

John C. Randolph, Town Attorney Susan A. Owens, Town Clerk John Lindgren, AICP, Planning Administrator pf

10

RESOLUTION NO. 04-2016

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, RATIFYING AND CONFIRMING THE DETERMINATION OF THE LANDMARKS PRESERVATION COMMISSION THAT THE PROPERTY KNOWN AS 122 KINGS ROAD MEETS THE CRITERIA SET FORTH IN ORDINANCE NO. 284, ALSO KNOWN AS CHAPTER 54, ARTICLE IV OF THE CODE OF ORDINANCES OF THE TOWN OF PALM BEACH; AND DESIGNATING SAID PROPERTY AS A TOWN OF PALM BEACH LANDMARK PURSUANT TO ORDINANCE NO. 2-84, ALSO KNOWN AS CHAPTER 54, ARTICLE IV OF THE CODE OF ORDINANCES OF THE TOWN OF PALM BEACH. WHEREAS, pursuant to the provisions of Ordinance No. 2-84, (Chapter 54, Article IV, Code of Ordinances of the Town of Palm Beach) the Landmarks Preservation Commission of the Town of Palm Beach held public hearings and recommended to the Town Council that certain property described herein be designated as a landmark as described in said Ordinance and Code; and WHEREAS, after due notice to the property owner(s) affected, a public hearing was held at which all parties interested were given an opportunity to be heard and express their views and opinions with respect to the property and its designation as a landmark; and WHEREAS, the Town Council does hereby find and determine that the property described herein meets the criteria required by the Ordinance to designate a landmark, and shall be designated as a landmark;

NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, as follows: Page 1 of 3

11

Section 1. The foregoing recitals are hereby ratified and confirmed. Section 2. The recommendation and determination of the Landmarks Preservation Commission as to the property hereinafter described in Section 3 of this Resolution, being designated as a landmark is hereby ratified, approved and confirmed. Section 3. The landmark herein designated, pursuant to the provisions of Ordinance No. 2-84, and the provisions of the Town Code described herein, is known as 122 Kings Road Way and the property to be landmarked is legally described as follows:

LOT 17, BOULEVARD ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGE 96, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.

Section 4. The Town Clerk is hereby ordered to furnish the property owner of the landmarked property a copy of this Resolution. Section 5. Within thirty (30) days from the date of this Resolution, the Landmarks Preservation Commission shall cause to be filed in the Office of the Recorder of Deeds in and for Palm Beach County, Florida, a certificate that the above-described property comprises a landmark, as defined in and subject to the provisions of Ordinance No. 2-84 and the Code of Ordinances of the Town of Palm Beach, Florida.

Resolution No. 04-2016

Page 2 of 3

12

PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town of Palm Beach this 13TH day of January, 2016.

________________________________ Gail L. Coniglio, Mayor

__________________________________________ Michael J. Pucillo, Town Council President

__________________________________________ Richard M. Kleid, Council President Pro Tem

__________________________________________ Danielle H. Moore, Town Council Member

ATTEST:

__________________________________________ Penelope D. Townsend, Town Council Member

________________________________ Susan A. Owens, MMC, Town Clerk

__________________________________________ Robert N. Wildrick, Town Council Member

Resolution No. 04-2016

Page 3 of 3

13

122 Kings Road

DESIGNATION REPORT December 16, 2015 Landmark Preservation Commission Palm Beach, Florida 14

DESIGNATION REPORT 122 Kings Road

Table of Contents I.

GENERAL INFORMATION

2

LOCATION MAP

3

III.

HISTORICAL INFORMATION

4

IV.

ARCHITECTURAL INFORMATION

12

ARCHITECT’S BIOGRAPHY

17

STATEMENT OF SIGNIFICANCE

21

CRITERIA FOR DESIGNATION

21

SELECTED BIBLIOGRAPHY

23

FLORIDA MASTER SITE FILE FORM

25

II.

V. VI. VII. VIII. IX.

Report produced by Murphy Stillings, LLC

15

I.

General Information

Location:

122 Kings Road Palm Beach, Florida

Date of Construction:

1927

Historic Name:

Cielito Lindo

First Owner:

John P. and Jessie Donahue

Architect:

Marion Sims Wyeth

Builder/Contractor:

William Watts, Jr.; Watts and Sinclair

Present Owner:

Austin and Stephen Smith

Present Use:

Residential

Present Zoning:

R-A

Palm Beach County Tax Folio Number:

50-43-43-35-04-000-0170

Current Legal Description: Boulevard Estates Palm Beach Lot 17

16

II.

Location Map 122 Kings Road

17

III.

Historical Information

122 Kings Road is located on the south side of Kings Road just west of South Ocean Boulevard in Palm Beach’s Boulevard Estates Subdivision. The house was originally part of Cielito Lindo, one of Palm Beach’s finest estates, designed by Marion Sims Wyeth and constructed by Watt and Sinclair in 1927. Cielito Lindo, meaning “A Little Piece of Heaven,” was the 45,000 square-foot winter home of Jessie Woolworth Donahue and her husband James P. Donahue. The $2-million mansion was originally constructed on a vast 300-foot wide lake-to-ocean parcel between what is now Woodbridge Road and Algoma Road. By World War I, Henry Flagler had established Palm Beach as the winter capital of American high society. Most came by rail and stayed for the early January to February 22nd season at one of Flagler’s luxury hotels, the Royal Poinciana or the Breakers. However, following World War I, this practice shifted as the season became longer and many of the society’s wealthy built grand mansions along the ocean and lake. The early architect of choice was Addison Mizner who had come to Palm Beach with Paris Singer in 1918 and designed Singer’s Mediterranean Revival-style Everglades Club in 19181919. The club not only became the new center of social life for Palm Beach’s wealthiest and most socially prominent residents, but it also introduced Mizner’s Mediterranean Revival style to the island. Society leaders Eva and Edward Stotesbury were the first to commission Mizner to design a grand Mediterranean Revival style estate for their winter residence. The resulting El Mirasol, on a vast oceanfront property, provided a superb setting for Eva Stotesbury’s extensive entertaining and “confirmed both Eva’s status as society queen and Mizner’s status as a fashionable architect.” 1 With El Mirasol setting the precedent, owning a fashionable Mediterranean Revival-style estate became a symbol of prestige and a place to entertain for Palm Beach’s and affluent winter residents.

1

Donald Curl, Palm Beach County: An Illustrated History. Windsor Publications Inc., 1986. Throughout the 1920s land boom, Mizner remained a highly sought after architect, designing mansions for many of the most prominent winter residents. In addition to Paris Singer and the Stotesburys, some of Mizner’s Palm Beach clients included Harold Vanderbilt (El Solano), Charles Munn (Amado), Gurnee Munn (Luawana), Anthony Drexel Biddle (Villa del Sarmiento), Charles Winn (Kahlua), Dr. Willey Lyon Kingsley (La Bellucia), George Mesker (La Fontana), Arthur Chaflin (Casa del Ensuenos), Edward Shearson (Villa Flora) Rodman Wanamaker (La Guerida), Dr. Preston Satterhite (Casa Florencia), William Warden (Warden House), Henry Phipps (Heamaw), John Phipps (Casa Bendita), Leonard Thomas (Casa de Leoni) William Wood (The Towers), Joshua Cosden (Playa Riente), George Rasmussen (Casa Nana) and Major Barclay Warburton (Villa Des Cygnes).

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James P. Donahue and his wife Jessie Woolworth Donahue started spending the winter season in Palm Beach in the early 1920s, arriving in their lavish private railcar, Japauldon, and staying at the Everglades Club where they entertained extensively. 2 Jessie Woolworth Donahue was the youngest of three daughters of Franklin Winfield Woolworth, the five-and-dime store magnate who was one of the wealthiest men in America at the time of his death in 1919. When her mother, Jennie Creighton Woolworth, died in 1921, Jessie and her sister Helena Woolworth McCann and her niece Barbara Hutton, shared in the huge fortune. 3 The early 1920s was a period of tremendous growth in the Town of Palm Beach. The Island had become the winter resort of America’s most influential families and the building boom was radically changing the face of the small community. Though Ocean Boulevard was complete by 1920 most of the land west of the road was covered with jungles of rugged palms. During the Land Boom, much of the land was transformed into grand Palm Beach estates designed by architects to suit their wealthy clients’ extravagant tastes and lavish lifestyles. Majorie Merriweather Post had been vacationing in Palm Beach since the early 1900’s, having stayed at the Royal Poinciana Hotel and The Breakers with her first husband Edward Bennett Close.4 By 1920, she had inherited a vast fortune from her cereal-tycoon father C.W. Post, married her second husband, Edward Francis “E.F.” Hutton and was eager to build her own estate where she could spend the winter season and entertain. While the Hutton’s were looking for property on Golfview Road to build their estate, they met Marion Sims Wyeth, a New York architect who had moved to Palm Beach the previous year. According to reports from the time, “When the sun had set on Golfview Road that day, the Huttons had hired Wyeth to build them a home on a plot of land they had purchased that afternoon from Paris Singer’s Ocean and Lake Realty Company, launching Wyeth into a lifelong career of villa-building in the resort.” 5 By the 1921 winter season, the Huttons were established in Hogarcito, their new Spanish-style house fronting the

2

Japauldon was named for James Paul Donahue. Jessie’s sister Edna Woolworth (1883-1917) married Franklyn Laws Hutton, brother of E.F. Hutton and a financial advisor to her father. They had one child, Barbara Hutton. Edna died in 1917 when Barbara was just five years old. Jessie Woolworth Donahue was a sister-in-law of Majorie Merriweather Post, who had been married to E.F. Hutton (1920-1935), and Barbara Hutton was a niece of both women. 4 Marjorie Merriweather Post divorced Edward Bennett Close in 1919 and married E.F. Hutton in 1920. 5 Shirley Johnson, Palm Beach Houses. New York: Rizzoli International Publications, 1991; p. 290. 3

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Everglades Club golf course. 6 However, even after a large addition by Wyeth in 1923, the house was too small for the Marjorie’s entertaining, so she called upon Wyeth again to design a palatial estate further south on an ocean to lake property that four years later would become Mar-a-Lago.7 The South Florida Land and Building Boom reached its height in late 1925, but by 1926, the “Boom Times” were ending as speculation had pushed prices so high that speculators and developers could no longer find buyers and many banks in the state failed. However, while much of South Florida suffered from this real estate bust, the Palm Beach winter colonists and real estate on the island was not dramatically affected. A February 27, 1927 Palm Beach Times article titled, “Much Activity Indicated in New Projects: Several Homes to be Built at Resort” addressed this issue: “Every indication that there will be plenty of activity in the building trades in Palm Beach during the coming summer is evidenced in the announcement of a number of private homes and apartments to be constructed in the winter colony. The announcement of increased building activity comes as encouraging to many tradesmen who feared that with the completion of the Bath and Tennis Club, the Sunrise Theatre building, the Oasis Club and other places there would be a big cessation in building and that many men would be jobless. The Donahue house along Ocean Boulevard will be the largest to be built during the coming year.” 8

As Mar-a-Lago was being completed, James and Jessie Donahue hired Wyeth to design a grand estate for them on a sprawling ocean-to-lake lot they had purchased a few years earlier just one block north of Mar-a-Lago. A January 19, 1927, Palm Beach Post article titled, “Work Started On New Oceanfront Palm Beach Home; Strip Near Hutton’s is Site of New Residence; Contractor “Hogarcito, Palm Beach – Historic Home for Sale.” Palm Beach Daily News 11 September 2009. According to historian Donald Curl, “Hogarcito was the first house to be built on Golfview Road. Many of the other houses were built because Marjorie Merriweather Post (at that time Mrs. E.F. Hutton) wanted to populate the street with what she called, ‘young marrieds,’ which is how she saw herself. Mr. and Mrs. Charles McCann (Helena Woolworth) were one of the ‘young marrieds’ who bought a Wyeth house on Golfview Road.” 7 Marion Sims Wyeth drew the basic plans for Mar-a-Lago but Marjorie Merriweather Post wanted something more grand and extravagant so she hired Austrian architect Joseph Urban to create a dramatic 115-room villa. 8 “Permits Nearly Two Million in Colony.” Palm Beach Post, 1 January 1928. While West Palm Beach and Palm Beach during the year of 1927 were absorbing the great number of hotels, apartment and public buildings which shot up in the proceeding years, in Palm Beach a number of winter residents have been busy constructing new homes or adding to their estates. As a result of this activity, building permit totals for Palm Beach have kept pace with those of 1926. For 1927, the permits totaled $1,691,699 and in 1926 $1,888,200. 6

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Brings Huge Crew from North to Construct Mansion Here,” describes the beginning of Cielito Lindo: “Ground was broken and work started yesterday on the foundations of the new James P. Donahue home, which is to be located on a 300-foot wide strip of land between the lake and the ocean, just north of the Charles W. Copp estate, near the new Bath and Tennis Club and the Edward F. Hutton mansion (Mar-aLago). The Donahue home, which is to be the permanent winter abode of Mr. and Mrs. Donahue, regular Palm Beach residents, will be one of the most interesting additions to the Ocean boulevard residences and is to be located along one of the loveliest stretches of beach. Watts and Sinclair, contractors, who have been in charge of construction work for Mr. Donahue in the north, arrived in Palm Beach with a large crew and began work yesterday on the foundations. Mr. and Mrs. Donahue are to arrive Monday for the final consultation with Marion Sims Wyeth, Palm Beach architect who is designing the house. They visited Palm Beach early in December to confer with Mr. Wyeth and are arriving now to occupy their apartment at the Everglades Club and superintend the early stages of the building. Like most Palm Beach houses built by Mr. Wyeth, the architecture is decidedly Spanish in feeling and influence and the dominant feature will be the patio facing west and overlooking the lake with a glass terrace above it. The house will have the usual features of Palm Beach villas with a large 30x50 living room, a library, a 22’ x 35’dining room opening into a conservatory, breakfast room, six master bedroom suites and sleeping porches. The usual kitchen and servant’s rooms are in the rear together with a garage and a chauffeur’s house. The house is to be complete with every small detail that affords comfort and luxury. The beach opposite the Donahue property is one of the best along the shore and for two years they have maintained a private bathhouse there with kitchen, shelter and conveniences for the serving of beach luncheons. During their recent visit here they entertained at several beach luncheons and have allowed friends to use the beach and its facilities during their absence. The proximity to the Bath and Tennis Club makes this location all the more desirable, with the beautiful homes on the south ocean front as near neighbors. Mr. Wyeth adds this home to his already notable list of Palm Beach houses.”

The Donahues wished to occupy their house for the 1927-1928 winter season, so Watts and Sinclair, Inc. brought a “small army of workmen” to construct the house. 9 Just eleven months after the foundation was laid, Cielito Lindo 9

“Donahue House on Boulevard Nearly Ready: Mr. and Mrs. Donahue, with Two Sons, Expected to Arrive December 22 for the Christmas Holidays.” Palm Beach Daily News, 16 December 1927. The palatial Palm Beach home on South Ocean Boulevard of James P. Donahue of No. 6 East 80th Street, New York City, will be complete and ready for occupancy on December 22, according to the announcement

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was ready for occupancy. Jessie and her two sons, James Jr. “Jimmy” and Woolworth “Woolie” arrived by train to spend Christmas in Palm Beach. Newspaper articles bestowed accolades upon Cielito Lindo, describing it as “the magnificent new home that has taken its place among the show places of Palm Beach.” 10 In addition to the house, the elaborate estate grounds received extensive praise in newspaper and magazine articles. Designed by Lewis & Valentine of Long Island, the grounds included many lush gardens with magnificent plantings and rare flowers creating a “wonderland of tropical beauty.” 11 In addition to the exquisite gardens and stunning landscaping, the grounds included a multi-car garage, a chauffeur’s and gardener’s house, a tennis court, a boathouse, an orchid house, orange groves, a tea pavilion, a lily pond and numerous stone fountains and benches, all overseen by the estate’s gardener and superintendent E.E. Sheldon.12 James and Jessie Donahue returned to Palm Beach in January 1928 to spend the winter season. Like the other grand Palm Beach estates, Cielito Lindo was designed for entertaining. Not long after moving in, the Donahue’s christened Cielito Lindo with a party. According to a February 21, 1928 article in the New York Evening Post, “One of the largest parties of the season was given at Cielito Lindo last evening by Mr. and Mrs. James P. Donahue, to which were bidden practically all of the winter colony. The affair was in the nature of a house warming of their new home. The mansion takes its place among the four or five of Palm Beach’s most notable homes.” 13

Jessie’s inheritance from the Woolworth fortune allowed the Donahues to lead lavish lifestyles. Even after the untimely death of her husband James in yesterday of Marion Sims Wyeth, architect in charge and designer of the Spanish type residence. With the last of the building work, supervised by Watt and Sinclair, Inc., New York contractors, drawing near, the small army of workmen who were employed on the grounds when the contract was let last February has now dwindled to about 50 men. 10 Palm Beach Daily News 16 December 1927. 11 “Donahue Estate a Wonderland of Beauty; Gardens Replete With Rarest Flowers.” Palm Beach Post 13 January 1929. According to Dr. W.S. Aldridge, president of the Lake Worth Garden Club in the 1920s-1930, “Cielito Lindo’s grounds were an outstanding example of the art of landscape gardener. The division and layout of the gardens are as beautiful as the rare plants and decorative carved stonework they contain.” 12 Three separate building permits were taken out April 11, 1927 for some of the outbuildings; #668 for the Gardner and Chauffeur House $18,000; #669 Garage and Service Building $35,000 and #670 for the Boat House $10,000. 13 J.P. Donahues Open New House at Palm Beach: Cielito Lindo Scene of Resort’s Largest Party – Geraldine Farrar in Concert.” New York Evening Post, 21 February 1928.

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1931, Jessie continued to host grand parties at Cielito Lindo, often accompanied by her sons. 14 Jimmy Donahue had a notorious friendship with the Duke and Duchess of Windsor, and they were frequent guests at Cielito Lindo and aboard Jessie’s yacht Freedom which she began bringing to Palm Beach in the 1930s. 15 Woolie Donahue, who had married Gretchen Wilson Hearst, also wintered in Palm Beach in houses on owned on Via Bellaria and South Ocean Boulevard.16 Barbara Hutton, the only daughter of Jessie’s late sister Edna, was also a frequent guest at Cielito Lindo and in the early years the tower room was known as Jimmy and Barbara’s playroom. 17 Other Palm Beach winter colonists associated with the Woolworth fortune included Jessie’s sister Mrs. Charles E.F. McCann (Helena) who commissioned Wyeth to design a house on Golfview Road just after he completed Hogarcito and Woolworth Company executive, Earle Perry Charlton, who hired Wyeth to design his Jungle Road oceanfront estate Qui-Si-Sana in 1924. The 1929 stock market crash and ensuing Great Depression had little effect on the Woolworth fortune. Jessie Donahue continued to spend the winter season in Palm Beach, and New York and Palm Beach newspapers covered her grand parties and family’s extravagant lifestyle. Though she had the means to run a large estate, there were several years during the 1930s and early1940s Jessie chose to spend the season at Whitehall, the Everglades Club or aboard her yacht, and open Cielito Lindo only for her large celebrated parties. When Cielito Lindo was not open, Jessie did not want for a place to entertain, as she was a member of all of the fashionable clubs in Palm Beach and also frequently entertained at her beach house.18

James P. Donahue, Sr., committed suicide in April of 1931 in their New York home. Jimmy Donahue became friends with the Windsor’s while sailing to Europe in the 1930s. The Duke of Windsor had been King Edward VIII before abdicating the throne to marry Wallis Simpson, who was a twice-divorced American. Jimmy and Jessie Donahue enjoyed being in the company of the Duke and Duchess and Jessie spent large sums of money entertaining them in the United States and abroad. 16 Woolworth Donahue married three times. His third wife Mary Donahue, the former Mary Hartline of Super Circus fame, outlived Woolie (1973), Jessie (1971), and Jimmy (1966), thus inheriting a substantial sum of money and numerous houses, yachts and cars. One of the houses was Casa Nana at 708 South Ocean Boulevard. 17 Barbara Woolworth Hutton was dubbed the “Poor Little Rich Girl” first when she was given a lavish debutante ball in 1930 amid the Great Depression, and later due to a notoriously troubled private life. By the time of her 21st birthday, she was one of the wealthiest women in the world. She married seven times, once to Cary Grant, all ending in divorce. When she was younger she spent time with her cousins at Cielito Lindo and Mar-a-Lago (cousin to Nedenia Hutton aka Dina Merrill) and was known to be a close confidant to Jimmy Donahue. 18 Jessie Woolworth Donahue belonged to the Everglades Club, Bath and Tennis Club, Seminole Club, and the Gulf Stream Club, 14 15

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At the end of World War II, Jessie Donahue was ready to downsize her Palm Beach winter residence and consequently put Cielito Lindo up for sale. In 1946, she sold the house and property to developers for $101,000. 19 At that time, many owners saw their large estates as anachronisms, too large to aircondition, too expensive to maintain, and too hard to staff. Within a few years, many of Palm Beach’s great estates including Playa Riente, El Mirasol, Casa Bendita, The Towers, Casa Florencia, Casa Joseto and La Fontana were demolished, making way for housing developments and high-rise condominiums. 20 Most in Palm Beach assumed that Cielito Lindo would meet the same fate. However, architect Byron Simonson, who had been a draftsman and designer for Addison Mizner and Maurice Fatio, devised a plan to subdivide the property into the nineteen-lot Ocean Boulevard Estates subdivision and then subdivide the Cielito Lindo estate into five residences. The January 11, 1949 article in Palm Beach Life describes this achievement: How a very large mansion in Palm Beach was snatched from the jaws of house wrecking machinery a few years ago and divided into five villas, creating what is known today as the Ocean Boulevard Estates, is an architectural feat worthy of notice. The very large mansion partitioned into five smaller ones this past year was once the home of Mrs. James P. Donahue. Erected in the twenties, it was known in Palm Beach and New York society columns as “Cielito Lindo,” the scene of sumptuous social affairs and one of the most charming villas of Palm Beach’s Ocean Boulevard. The three-day sale of household goods was believed to mark Cielito Lindo’s swan song with the large acreage being divided into 19 lots with a road running through the mansions 60-foot living room. Instead, through an outstanding venture in preservation and the architectural ingenuity of Byron F. Simonson of Simonson and Holley, a proposal to erect five graceful dwellings by partitioning the house and auxiliary buildings, was accepted and work begun last year. Dining halls became living rooms in the partitioning, servant’s quarters were converted to bedrooms, and even an incinerator flu became a fireplace large enough to burn 12-foot logs. Bedrooms were fashioned from loggias and entire kitchens from the laundry of the large house. In every instance something old becoming something new in the skillful partition of a mansion. 19

At the time of the sale and subdivision of Cielito Lindo, the Donahue family retained the oceanfront lots east of Ocean Boulevard with its luxurious beach house and kept a corner of the property on the southwest corner of Ocean Boulevard and Woodbridge Road as a site for a guesthouse. Jessie Donahue took an Everglades Club apartment for her winter residence. There were plans drawn for a guesthouse but it was not constructed. 20 Donald W. Curl. Mizner’s Florida: American Resort Architecture.” New York: Architectural History Foundation, 1984; page 203.

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Now stands on the site of the great Spanish-Moorish castle five smaller ones. All Cielito Lindo thus divided into five parts produced charming and intimate smaller villas, picturesquely dotting a broad expanse stretching from ocean to lake along Kings Road on in the new Ocean Boulevard Estates. 21

The largest and most evocative house of the original Cielito Lindo mansion is 122 Kings Road. This house features the original tower, grand entrance hall, master bedroom, guest bedrooms and several balconies, loggias and much of the exterior Moorish detailing. Additionally, when the house was first subdivided, much of the original landscaping surrounding 122 Kings Road was retained. Contractors Smith, Yetter & Griffin, completed the partitioning of Cielito Lindo and subsequent renovations to 122 Kings Road in 1947. In c. 1949, Mrs. Beatrice Cooke Paul purchased 122 Kings Road, which took on the historic Cielito Lindo name. Priced at $135,000 in 1948, it was the most expensive of the five residences portioned from Cielito Lindo. Mrs. Paul’s ownership was short lived as she moved to Miami in 1951 and in January 1952, Mrs. Horace Irvine of St. Paul purchased the house. Mrs. Irvine, the former Clotilde McCollough, was a well-known member of the Palm Beach cottage colony for several decades. She was well known for her interest in civic, charitable and cultural activities in Palm Beach. The late Horace Hills Irvine had been president of Weyerhaeuser Timber Company and Irvine Lumber Company in St. Paul. Prior to purchasing 122 Kings Road, Mrs. Irvine and her family spent many seasons at the Royal Poinciana and Breakers hotels. Newspaper articles from the 1950s and early 1960s reported on Mrs. Irvine’s parties and the guests she entertained at Cielito Lindo. Mrs. Irvine passed away in 1964 and Cielito Lindo was sold to Mr. and Mrs. Max Pray. 22

21 The five houses are located at 122, 123, 127, 137 and 145 Kings Road. 122 Kings Road, lot 17, includes the original tower, entrance hall and bedrooms ($135,000). 123 Kings Road, lot 3, was the dining room and breakfast room ($80,000). 127 Kings Road, lot 4, was the entire culinary department of the original mansion and the huge fireplace was once the incinerator flu ($75,000). 137 Kings Road, lot 5, was originally the fivecar garage and laundry building ($75,000). 145 Kings Road, lot 6, was converted from the chauffeur’s house ($75,000). 22 At the same time, the Irvine family house in St. Paul was donated to the State of Minnesota and became the Minnesota Governor’s Residence.

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Mr. and Mrs. Max Pray of Chicago were well-known philanthropists and prominent in oil circles. They had been wintering in Palm Beach since the 1920s. The May 1965 issue of Palm Beach Life featured an article about the Peggy and Max Pray’s life at Cielito Lindo and how well the house was adapted for their modern lifestyle while maintaining the historic character. 23 The current owners, Stephen C. Smith and his wife Austin Smith, purchased the house in November 2010. IV. Architectural Information At a time when many of the extravagant oceanfront estates in Palm Beach were being torn down due to changing desires in the size and styles of residences, an important architectural and preservation achievement took place at the notable Cielito Lindo estate of James and Jessie Donahue. Designed by Marion Sims Wyeth and constructed in 1927 by the firm of Watt & Sinclair, Cielito Lindo was a Mediterranean Revival style masterpiece with Spanish and Moorish influences. In 1946, Jessie Woolworth Donahue sold the massive 45,000 square foot, 125 room estate and architect Byron Simonson devised a plan to subdivide the property into nineteen lots and divide the stately home into five separate residences. One of the residences created from this preservation effort was 122 Kings Road.

Cielito Lindo’s West Facade 23

Andre, Amy. “When is a House a Home.” Palm Beach Illustrated 4 February 1968. 26

Cielito Lindo, as designed by Wyeth, was an excellent example of the Mediterranean Revival style of architecture that was popular in Palm Beach during the Land Boom of the 1920s. The Mediterranean Revival style is an eclectic style incorporating architectural elements derived from the area around the Mediterranean Sea including Spanish, Italian and Moorish elements. The style is found most frequently in states that have a Spanish Colonial heritage, but its use gained national popularity after the PanAmerican Exhibition held in San Diego in 1915. In Palm Beach, the style was first popularized in 1919 by Addison Mizner’s design for the Everglades Club. The popularity of the style soared in the 1920s for both commercial and residential buildings. The style remained a pervasive influence on building design until World War II. Buildings of this style are often decorated with ornate cast-stone columns, pilasters and window surrounds. Arched openings, balconies, asymmetrical massing and windows of varying sizes and shapes are also common features. In addition, stone or stucco facades, decorative wrought ironwork, tile floors, pecky cypress ceilings and clay barrel tile roofs are typical features of Mediterranean Revival style buildings.

North

The subdivision of the Cielito Lindo estate in 1947 included creating five separate residences with Kings Road running thru the middle of the original residence. 122 Kings Road, which retained the name Cielito Lindo, was the

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tower wing at the southern end of the residence. This southern portion of the original estate featured the original tower, entrance hall, master bedroom, and guest bedrooms. The residence retained many of the estate’s significant features including balconies, loggias and the original exterior Moorish details. Cielito Lindo was constructed of hollow clay tile and brick surfaced with stucco with barrel tile surfaced hip roofs with exposed rafters. The residence’s most significant exterior features include the Moorish influenced brick railings, bands, and arches, geometric interlaced wood details, and the three-story tower.

East Façade, Looking Southwest Kings Road Located on the Right

When the residence was divided the main entrance of the residence was relocated from the south façade, facing the carriage court, to the north façade facing the newly built Kings Road. The new entrance had been recessed and has since been brought forward flush with the exterior wall. It is located within a surround with four pilasters. The pilasters have decorative capitals and bases. Centered in the surround is a glass door with decorative metalwork. Glass panels with decorative metalwork are located on each side

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of the door between the pilasters. Arched transom windows are located above with the door’s transom having a pointed arch.

Main Entrance on Kings Road

The original entrance on the south façade had been an ornate feature of the grand estate with a pair of wood doors located in a large, ornately tiled, door surround with a curved metal grille centered over the doorway. While the original doors and surround were replaced with glass doors looking out to the pool and gardens, the Moorish designed sleeping porch on the second floor, situated above the location of the original entrance, remains and is a significant feature of the residence.

Original Entrance

South Facade

South Façade, Looking Northeast

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The residence’s three-story tower allows for views of the ocean to the east, lake to the west and Mar-a-Lago to the south. The view from the tower room is thru pairs of windows with brick arches supported by columns. In 1936 Treanor and Fatio designed alterations to the Tower Room, including the addition of a bathroom and closet and the installation of windows in the open arches of the tower. The balconies and terraces of the residence are also significant features of the original design. There are semi-circular balconies with metal railings, a large terrace that extends from the west façade highlighted by elaborately decorated brick railings and a smaller terrace above, accessed from the tower room, with decorative wood railings. An original fountain with “Cielito Lindo” inscribed in it serves as a focal point of the pool and garden area. It is located on the southern property line directly across from the location of the original main entrance.

Southwest Corner, Looking Northeast

A two-story, two-car attached garage was constructed on the west façade of the residence. While the date of the garage is unknown, it was likely done when Cielito Lindo was divided in 1947. The garage addition faces Kings Road and its massing is broken up with the second floor recessed behind the face of the garage. It is surfaced with stucco, has a barrel-tile gable roof, and casement windows. According to the Town of Palm Beach’s building permits, alterations to the house since the 1947 separation have been few.

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They include the pool installation, landscape and hardscape changes, reroofing, interior renovations, installation of air-conditioning, and ordinary repair and maintenance. 24

Northwest Corner with Garage, Looking Southeast

V. Architect’s Biography Marion Sims Wyeth Marion Sims Wyeth was as one of Palm Beach’s foremost architects in a career that spanned over fifty years. Wyeth was noted for his "quiet, subdued and rational" interpretations of both the Spanish and Italian styles. With Addison Mizner, Maurice Fatio, Joseph Urban and John Volk, he is credited with creating the "Palm Beach Style". Wyeth was born in 1889 in New York, a son of Florence Nightingale Sims and Dr. John Allan Wyeth. Dr. Wyeth was a Civil War poet, surgical pioneer, and founder of New York's Polyclinic Hospital, the first postgraduate medical school in the United States. Marion’s grandfather, Dr. James Marion Sims, founded the field of gynecology and the first woman’s hospital in history. Marion Sims Wyeth began his architectural studies at Princeton University and completed his classic training at the École des Beaux-Arts in Paris in 24

Town of Palm Beach Building permits from 1927-2015.

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1914. At the time, the École was considered the one of the finest schools in the world. It was a style of education based on studying the classics, mostly Roman architecture. After completing school, Wyeth served as secretary to the U.S. Ambassador in Rome. Upon his return to New York, Wyeth became associated with the architectural offices of Bertram Grosvenor Goodhue and later with Carrere and Hastings, the firm that designed Whitehall for Henry Flagler. Arriving in Palm Beach at the age of 30, Wyeth met with immediate success. From 1920, Wyeth shared a New York office with Frederic Rhinelander King, a friend from his student days in Paris, until 1934 when they formalized the relationship with the Wyeth and King partnership. William Royster Johnson joined Wyeth’s Palm Beach office as a draftsman in 1924. In 1944 he became a partner and the firm name changed to Wyeth, King and Johnson. Over the years, the firm designed buildings ranging from Mediterranean Revival to classical Georgian, French, and Colonial styles. The socially popular Wyeth was a prolific craftsman and more than 100 of his designs have graced the Island, including eight built on El Brillo Way. Some of his well-known Palm Beach designs include Qui Si Sana, Casa Juanita, Hogarcito, Casa de Los Arcos, Vita Serena, Southwood and the Betheseda by the Sea rectory. His largest and most impressive project was Cielito Lindo, a 45,000-square-foot Spanish Moorish-Revival-style mansion built for James Donohue and Jessie Woolworth Donohue in 1927. And while Joseph Urban is credited with Mar-a-Lago, Wyeth's association with the project was essential for its original design and completion. Wyeth also had an impressive list of prominent works outside of Palm Beach. Some of these include Good Samaritan Hospital and the Norton Gallery of Art in West Palm Beach, the Governor's Mansion in Tallahassee, and Doris Duke’s Shangri La in Honolulu. Wyeth served as a trustee of the Society of the Four Arts (1936-1969) and as its president (1956-1961). He became the first Palm Beach architect to be elected a fellow of the American Institute of Architecture in 1954, and received the Test of Time Award from its Palm Beach Chapter in 1981. Marion Sims Wyeth passed away in 1982 at the age of 93.

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Byron Frederick Simonson Byron Simonson was born in Milwaukee, Wisconsin on December 9, 1902. He attended Milwaukee State Teachers College from 1920 – 1923. He then attended the Chicago Institute of Fine and Applied Arts and the Ray School of Design for a year. Simonson moved to Palm Beach and served as chief draftsman for Addison Mizner from 1924-1925 and again from 1930-1933. He also was a designer for York & Sawyer in New York. From 1933-1942, Simonson was the chief designer for Treanor and Fatio. On April 28, 1944, Simonson applied to the State of Florida for licensure as an architect, which was granted with certificate #AR0001418 on January 11, 1945. Upon receiving his Florida architectural license, Byron Simonson formed a partnership with Maurice E. Holley, which thrived until they dissolved the partnership in 1949, at which time Simonson began to practice under his own name. He acquired a N.C.A.R.B. certification and was active in the Palm Beach Chapter of the A.I.A. 25 Byron Simonson’s most prominent work in Palm Beach is the Colony Hotel he designed in 1946-1947. In the 1950’s he “renounced the arches and columns of classical styles” for Mid-Century Modernism. The former La Coquille Club in Manalapan was considered a modernist masterpiece popular with the jet set and for a time put Simonson in the top tier of Palm Beach’s society architects. 26 Built in 1952 for Spelman Prentice, John D. Rockefeller’s grandson, “the club’s flat-roofed buildings were so stunningly avant-garde that the year after it opened, awed Florida AIA members held their meeting at the club and high society loved its minimalist elegance.”27 Simonson became one of the areas most prominent modern architects in the post-war building boom of the 1950s but unfortunately most of his Palm Beach houses were torn down after modernism fell out of favor locally in the 1980s. Byron and Frances Simonson had two children, Dawn and Byron Douglas. The Simonson family summered at their Tioga Coach House in Sapphire Valley, North Carolina where Byron also designed a number of houses. Byron Simonson passed away in 1972.

N.C.A.R.B is the National Council of Architectural Registration Boards. The La Coquille Club was demolished in 1985 to make room for the Ritz Hotel (now Eau Palm Beach). 27 Augustus Mayhew, New York Social Diary. 25 26

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Builders Biography William Watt, Jr. William Watt, Jr. was a winter resident of Palm Beach since 1928. Mr. Watt was the founder of Watt & Sinclair of New York, a construction firm that built many buildings in Manhattan as well as numerous houses in Oyster Bay (NY), Red Bank (NJ) and Palm Beach. William Watt first came to Palm Beach at the request of Jessie Woolworth Donahue in 1927 to supervise the construction of her Palm Beach villa, Cielito Lindo, designed by Marion Sims Wyeth. Watt was the builder for the Woolworth Building in New York City that Jessie’s father F.W. Woolworth commissioned in 1913. Cass Gilbert was the architect for the terra-cotta building that was dubbed “The Cathedral of Commerce” and at 792 feet was the tallest building in the world until 1930. In 1929, the firm of Watt and Sinclair moved to Palm Beach and the Watt family became permanent winter residents of Palm Beach. Their house on Jungle Road was designed by Palm Beach architect William Johnson. Associated with leading architects of the area, Mr. Watt’s firm planned and built many residences in Palm Beach. One of Mr. Watt’s closest associates was Maurice Fatio, and together they designed and built a number of residential and commercial buildings. Mr. Watt planned and supervised the building of the Morrison Field to serve as West Palm Beach’s Airport. When World War II was declared, he expanded the field to buildings for what was to become the ferrying base for the Air Transport Command. As a military base, Morrison Field became a port of embankments for Army Air Force bomber crews headed for North Africa and England. Mr. Watt was a successful developer and social member of the winter colonists with memberships to both the Everglades Club and the Bath and Tennis Club.

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VI. Statement of Significance 122 Kings Road is significant as an evocative remaining part of the grand Cielito Lindo estate. Its Mediterranean Revival architecture with Moorish detailing is an excellent example of the style and a notable work of Marion Sims Wyeth. It is also significant as one of the first acts of historic preservation in Palm Beach where a great estate was divided and adaptively reused rather than demolished.

VII. Criteria For Designation Section 54-161 of the Town of Palm Beach Landmarks Preservation Ordinance outlines the criteria for designation of a landmark or landmark site and suggests that at least one criterion must be met to justify the designation. Listed below are the criteria which relate to this property and justification for designation: (1) “Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state, county or town.” 122 Kings Road reflects the broad cultural, economic and social history of the Town of Palm Beach. Cielito Lindo was built at a time when many of the wealthiest people in America came to Palm Beach for the warm winter season and built palatial estates to live in opulence and entertain guests with magnificent parties. Jessie Woolworth Donahue was one of the wealthiest women in the United States when she commissioned Cielito Lindo and she did not spare any expense in the design of the house and grounds or in the parties she hosted. 122 Kings Road also reflects the post World War II era when numerous owners of Palm Beach’s grand estates sold their properties to developers who subsequently demolished the estates that had become too costly to maintain. Fortunately, Cielito Lindo was a novel project where the estate was portioned rather than demolished making 122 Kings Road a fine example of adaptive reuse. (3) “Embodies distinguishing characteristics of an architectural type or is a specimen inherently valuable for the study of a period, style, method of construction or use of indigenous materials or craftsmanship.”

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122 Kings Road is an excellent example of the Mediterranean Revival style architecture popularized in Palm Beach during the Land Boom of the 1920s and still recognized as the “Palm Beach Style.” The Moorish influences that Marion Sims Wyeth incorporated into the design enhance the exotic nature of the style. Furthermore, the partitioning of the Donahue’s grand estate Cielito Lindo into five separate residences is an example of a method of construction that is valuable for study. (4) “Is representative of the notable work of a master builder, designer or architect whose individual ability has been recognized or who influenced his age.” Marion Sims Wyeth was as one of Palm Beach’s foremost architects in a career that spanned over fifty years. More than 100 of his designs have graced the Island and many consider Cielito Lindo to be Wyeth’s most impressive work of his career. Though 122 Kings Road is just a portion of the original estate, it is still evocative of the original design and a notable representation of Wyeth’s work. Byron F. Simonson was a Palm Beach architect who had worked for both Addison Mizner and Maurice Fatio before designing the Colony Hotel, his largest Palm Beach commission. It was Simonson’s architectural ingenuity to partition Cielito Lindo into five houses and create the Ocean Boulevard Estates subdivision with Kings Road running through the middle.

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VIII. Selected Bibliography Curl, Donald W. Mizner’s Florida: American Resort Architecture. New York: The Architectural History Foundation, 1984. --- Palm Beach County: An Illustrated History. Northridge, California: Windsor Publications, Inc., 1987. Historical Society of Palm Beach County. Archives and PBC History Online. Files and Photographs with information on Cielito Lindo and the Woolworth and Donahue families. Hoffstott, Barbara D. Landmark Architecture of Palm Beach (Third Edition). Pittsburgh: Pittsburgh History & Landmarks Foundation, 1991. Johnston, Shirley. Palm Beach Houses. New York: Rizzoli International Publications, 1991. Knott, James R. Palm Beach Revisited: Historical Vignettes of Palm Beach County. Palm Beach Post: The Best of the Brown Wrappers I, 1987. Marconi, Richard and Debi Murray with the Historical Society of Palm Beach County. Images of America: Palm Beach. Charleston, SC: Arcadia Publishing, 2009. Marconi, Richard A. and the Historical Society of Palm Beach County. Palm Beach: Then & Now. Charleston, SC: Arcadia Publishing, 2013. The Palm Beach Daily News and The Palm Beach Post. Archived Articles 1913 – 1989. Palm Beach Life, 1949. Preservation Foundation of Palm Beach. Building Files and Architect Information Roberts, Mary Fanton. “Cielito Lindo” Arts & Decoration Magazine, Volume XXIX, Number 3, July 1928.

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Sanborn Insurance Map of Palm Beach. New York: Sanborn Map Co., 1919 and 1924 updated to 1946 Town of Palm Beach. Building Permits and Microfiche Records 1919– 2015. Thuma, Cynthia. Images of America: Palm Beach Vintage Postcards. Charleston, SC: Arcadia Publishing, 2001. West Palm Beach City Directories. Palm Beach Section, 1916-1975.

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IX. Florida Master Site File Form

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40

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Palm Beach, Florida, Code of Ordinances » PART II - CODE OF ORDINANCES » Chapter 54 HISTORICAL PRESERVATION » ARTICLE IV. - DESIGNATION PROCEDURE »

ARTICLE IV. - DESIGNATION PROCEDURE Sec. 54-1 61. - Criteria for landmarks and landmark sites. Sec. 54-1 62 - Creation of historic djstrjcts. Sec. 54-163. - Commission oowers wrth respect to landmarks. landmark sites and historic districts. Sec 54-1 64. - Landmark. landmark site and historic district desjgnation and undesignation procedures. Sec. 54-1 65. - Voluntary restrictive covenants. Secs. 54- 16&-54-195. - Reserved.

Sec. 54-161. - Criteria for landmarks and landmark sites. A landmark or landmark site shall meet at least one of the following criteria : (1)

Exemplifies or reflects the broad cultural , political, economic or social history of the nation , state, county or town .

(2)

Is identified with historic personages or with important events in national , state or local history.

(3)

Embodies distinguishing characteristics of an architectural type or is a specimen inherently valuable for the study of a period , style, method of construction or use of indigenous materials or craftsmanship.

(4)

Is representative of the notable work of a master builder, designer or architect whose individual ability has been recognized or who influenced his age .

(Code 1982, § 16-38)

Sec. 54-162. - Creation of historic districts. (a)

(b)

Authorized. For preservation purposes, the commission shall identify geographically defined areas within the town to be designated as historic districts and shall cite the guideline criteria upon which such designation shall be made. An historic district may be designated for any geographic area of particular historic, architectural or cultural significance to the town that: (1)

Exemplifies or reflects the broad cultural , political, economic or social history of the nation , state, county or town .

(2)

Is identified with historic personages or with important events in national, state or local history.

(3)

Embodies distinguishing characteristics of one or more architectural types, or contains specimens inherently valuable for the study of a period, style or methods of construction or use of indigenous materials or craftsmanship .

(4)

Is representative of the notable works of one or more master builders, designers or architects whose individual ability has been recognized to have influenced their age.

(5)

Constitutes a unique area of architecture, landscaping and planning.

Petition for special historic district category. Following the designation of each landmark or landmark site, the commission may petition the town council for the categorizing of such 106 43

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property as special district H. Following the designation of each historic district, the commission may petition the town council for the categorizing of each property in such district to special district HD. (Code 1982, §§ 16-38.1, 16-39)

Sec. 54-163. - Commission powers with respect to landmarks, landmark sites and historic districts. The commission has the power to: (1)

Designate a building , together with its accessory buildings and its lot of record, or a vacant site or a district as historic and worthy of preservation as a landmark, landmark site or historic district, as the case may be, within the jurisdiction of the commission, provided such designation is ratified by the town council.

(2)

Recommend appropriate legislation for the preservation of any building, site or district which it has so designated.

(3)

Make application for public and private funds when appropriate and available for the purposes set forth in this article subject to the approval of the town council.

(4)

Review applications proposing erection , alteration, restoration or moving of any building it has so designated or any building located in a district it has so designated, and to issue or deny certificates of appropriateness accordingly .

(5)

Review applications for demolition permits proposing demolition of all or part of any landmark or any building located in an historic district, and to issue certificates of appropriateness or to deny them for one year.

(6)

Cooperate with the owner of a landmark or a property located in an historic district throughout the year following a refusal to issue a certificate of appropriateness pursuant to an application for a demolition permit, and to seek alternative economic uses for such landmark or property.

(7)

Review its denial of a certificate of appropriateness for demolition of such landmark or property annually, during a public hearing at which time the owner of the affected landmark or property shall be afforded an opportunity to appear with counsel and to present testimony .

(8)

Prohibit the issuance of building , exterior remodeling or demolition permits affecting any property under consideration for landmark designation without a certificate of appropriateness . this prohibition to remain in effect for the length of time required by the commission and the town council for final action on the proposed designation. The commission shall accomplish such prohibition by furnishing the building official a list of all property under consideration for landmark designation.

(Code 1982, § 16-42)

Sec. 54-164. - Landmark, landmark site and historic district designation and undesignation procedures. (a)

The following procedure shall be adhered to by the commission in designating any building , building site or district that is worthy of preservation : (1)

The commission shall consider for landmark designation any property proposed by the owner of record or by a member of the commission.

(2)

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Notice of a proposed designation shall be sent by certified mail to the owner of record of property proposed for designation as a landmark or landmark site and to each owner of record of property in a district proposed for designation as an historic district, describing the property proposed and announcing a public hearing by the commission to consider such a designation to be held not less than 30 days after the mailing of such notice. (3)

The commission shall also cause notice of each such proposed designation to be posted at least 30 days prior to the public hearing on the bulletin board in the lobby of the town hall , and in addition the commission shall cause such notice to be published in a newspaper having general circulation in the town .

(4)

The commission may reta in or solicit expert testimony regard ing the historic and architectural importance of the buildings and districts under consideration for designation .

(5)

The commission may present testimony or documentary evidence of its own to establish a record regarding the historic and architectural importance of the proposed landmark, landmark site or historic district.

(6)

The commission shall afford the owner of each affected property reasonable opportunity to present testimony or documentary evidence regarding the historic and architectural importance of such property.

(7)

The owner of each affected property shall be afforded a right of representation by counsel and reasonable opportunity to cross examine witnesses presented by the commission .

(8)

Any interested party may present testimony or documentary evidence regarding the designation of a proposed landmark, landmark site or historic district at the public hearing and may submit to the commission documentary evidence within three days after the hearing.

(9)

With in not more than 30 days after a public hearing , the commission shall render a final decision regard ing the proposed designation and give written notice of its decision to each owner of property affected by the designation, setting forth the reasons for the decision.

(10)

The commission shall maintain a record of testimony and documentary evidence submitted to it for consideration of the designation of a proposed or previously designated landmark, landmark site or historic district.

(11)

In accordance with section 54-163(1), the town council shall, within 90 days of the commission's final decision, hold a public hearing to consider ratification of the determination of the commission prior to the designation of a property as a landmark or landmark site or of a district as an historic district becoming effective. Absent ratification by the town council, the commission's determination shall be ineffective.

(12)

(b)

Within 30 days of the date on which the town council ratifies the commission 's designation of a landmark, landmark site or historic district, the commission shall cause to be filed in the office of the county recorder of deeds a certificate of notification that such property is designated a landmark or landmark site or is located within a district designated an historic district; and the certificate of notification shall be maintained on the public record until such time as such designation may be withdrawn by the commission and the town council. Designation and undesignation hearings before the commission shall be held only during the months of November, December, January, February, March and April.

(c) 108

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Designation of a landmark, landmark site or a historic district may be withdrawn by following the same procedure as listed above. (Code 1982, § 16-43)

Sec. 54-165. - Voluntary restrictive covenants. The owner of any landmark or landmark site may, at any time following the designation of his property, enter into a restrictive covenant on the property after negotiation with the commission . The commission may assist the owner in preparing such a covenant in the interest of preserving the landmark or the landmark site. The owner shall record such covenant in the office of the county recorder of deeds and shall notify the town clerk, building official and town council and may notify the office of the county property appraiser of such covenant and the conditions thereof. (Code 1982, § 16-48)

Secs. 54-166-54-195. - Reserved.

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TOWN OF PALM BEACH Town Council Meeting Development Review on: January 13, 2016 Section of Agenda Public Hearings Agenda Title RESOLUTION NO. 05-2016 A Resolution of The Town Council of The Town of Palm Beach, Palm Beach County, Florida, Ratifying And Confirming The Determination of The Landmarks Preservation Commission That The Property Known As 123 Kings Road Meets The Criteria Set Forth In Ordinance No. 2-84, Also Known As Chapter 54, Article IV of The Code of Ordinances of The Town of Palm Beach; And Designating Said Property As A Town of Palm Beach Landmark Pursuant To Ordinance No. 2-84, Also Known As Chapter 54, Article IV of The Code of Ordinances of The Town of Palm Beach. Presenter John S. Page, Director of Planning, Zoning and Building Supporting Documents Memorandum dated December 21, 2015 from John S. Page Resolution No. 05-2016 Designation Report Excerpt from Landmarks Preservation Commission Meeting of Decedmber 15, 2015 Landmarks Designation Procedure

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TOWN OF PALM BEACH Information for Town Council Meeting on: January 13, 2016 To:

Mayor and Town Council

Via:

Thomas G. Bradford, Town Manager

From:

John S. Page, Director of Planning, Zoning and Building

Re:

Landmark Designation of 123 Kings Road Resolution No. 05–2016

Date:

December 21, 2015

STAFF RECOMMENDATION Staff recommends ratification of the property known as 123 Kings Road as a Town landmark. LANDMARKS PRESERVATION COMMISSION RECOMMENDATION At the Public Hearing for Designation held during the December 16, 2015 meeting of the Landmarks Preservation Commission, the Commission voted (7-0) to recommend to the Town Council that the above mentioned property be designated as a landmark. In accordance with Section 54-164 (a) (11) of Chapter 54 of the Town of Palm Beach Code of Ordinances, the Town Council shall hold a public hearing within ninety (90) days of the final decision of the Landmarks Commission to consider ratification of the Commission’s recommendation. GENERAL INFORMATION The property meets the following criteria for designation as a landmark of the Town of Palm Beach: Sec. 54-161 (1) Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state, county or town; and, Sec. 54-161 (3) Embodies distinguishing characteristics of an architectural type or is a specimen inherently valuable for the study of a period, style, method of construction or use of indigenous materials or craftsmen; and, Sec. 54-161 (4) Is representative of the notable work of a master builder, designer or architect whose individual ability has been recognized or who influenced his age.

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OWNER CONSENT Please be advised that owners Robert and Carolyn Jackson concur with landmarking. Mr. Jackson appeared at the December 16 Commission meeting and complimented the Town’s efforts to preserve local history. TOWN ATTORNEY REVIEW Please be advised that the Town Attorney has reviewed Resolution No. 05-2016 relating to 123 Kings Road, and has approved it as to legal form and sufficiency. Attachments

cc:

John C. Randolph, Town Attorney Susan A. Owens, Town Clerk John Lindgren, AICP, Planning Administrator pf

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RESOLUTION NO. 05-2016

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, RATIFYING AND CONFIRMING THE DETERMINATION OF THE LANDMARKS PRESERVATION COMMISSION THAT THE PROPERTY KNOWN AS 123 KINGS ROAD MEETS THE CRITERIA SET FORTH IN ORDINANCE NO. 284, ALSO KNOWN AS CHAPTER 54, ARTICLE IV OF THE CODE OF ORDINANCES OF THE TOWN OF PALM BEACH; AND DESIGNATING SAID PROPERTY AS A TOWN OF PALM BEACH LANDMARK PURSUANT TO ORDINANCE NO. 2-84, ALSO KNOWN AS CHAPTER 54, ARTICLE IV OF THE CODE OF ORDINANCES OF THE TOWN OF PALM BEACH. WHEREAS, pursuant to the provisions of Ordinance No. 2-84, (Chapter 54, Article IV, Code of Ordinances of the Town of Palm Beach) the Landmarks Preservation Commission of the Town of Palm Beach held public hearings and recommended to the Town Council that certain property described herein be designated as a landmark as described in said Ordinance and Code; and WHEREAS, after due notice to the property owner(s) affected, a public hearing was held at which all parties interested were given an opportunity to be heard and express their views and opinions with respect to the property and its designation as a landmark; and WHEREAS, the Town Council does hereby find and determine that the property described herein meets the criteria required by the Ordinance to designate a landmark, and shall be designated as a landmark;

NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, as follows: Page 1 of 3

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Section 1. The foregoing recitals are hereby ratified and confirmed. Section 2. The recommendation and determination of the Landmarks Preservation Commission as to the property hereinafter described in Section 3 of this Resolution, being designated as a landmark is hereby ratified, approved and confirmed. Section 3. The landmark herein designated, pursuant to the provisions of Ordinance No. 2-84, and the provisions of the Town Code described herein, is known as 123 Kings Road Way and the property to be landmarked is legally described as follows:

LOT 3, BOULEVARD ESTATES, AS IN PLAT BOOK 21, PAGE 96, PUBLIC RECORDS IN AND FOR PALM BEACH COUNTY, FLORIDA.

Section 4. The Town Clerk is hereby ordered to furnish the property owner of the landmarked property a copy of this Resolution. Section 5. Within thirty (30) days from the date of this Resolution, the Landmarks Preservation Commission shall cause to be filed in the Office of the Recorder of Deeds in and for Palm Beach County, Florida, a certificate that the above-described property comprises a landmark, as defined in and subject to the provisions of Ordinance No. 2-84 and the Code of Ordinances of the Town of Palm Beach, Florida.

Resolution No. 05-2016

Page 2 of 3

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PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town of Palm Beach this 13TH day of January, 2016.

________________________________ Gail L. Coniglio, Mayor

__________________________________________ Michael J. Pucillo, Town Council President

__________________________________________ Richard M. Kleid, Council President Pro Tem

__________________________________________ Danielle H. Moore, Town Council Member

ATTEST:

__________________________________________ Penelope D. Townsend, Town Council Member

________________________________ Susan A. Owens, MMC, Town Clerk

__________________________________________ Robert N. Wildrick, Town Council Member

Resolution No. 05-2016

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123 Kings Road

DESIGNATION REPORT December 16, 2015 Landmark Preservation Commission Palm Beach, Florida

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DESIGNATION REPORT 123 Kings Road

Table of Contents I.

GENERAL INFORMATION

2

LOCATION MAP

3

III.

HISTORICAL INFORMATION

4

IV.

ARCHITECTURAL INFORMATION

12

ARCHITECT’S BIOGRAPHY

17

STATEMENT OF SIGNIFICANCE

19

CRITERIA FOR DESIGNATION

19

SELECTED BIBLIOGRAPHY

21

FLORIDA MASTER SITE FILE FORM

23

II.

V. VI. VII. VIII. IX.

Report produced by Murphy Stillings, LLC

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I.

General Information

Location:

123 Kings Road Palm Beach, Florida

Date of Construction:

1927

Historic Name:

Cielito Lindo

First Owner:

John P. and Jessie Donahue

Architect:

Marion Sims Wyeth

Builder/Contractor:

William Watts, Jr.; Watts and Sinclair

Present Owner:

Robert and Carolyn Jackson

Present Use:

Residential

Present Zoning:

R-A

Palm Beach County Tax Folio Number:

50-43-43-35-04-000-0030

Current Legal Description: Boulevard Estates Palm Beach Lot 3

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II.

Location Map 123 Kings Road

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III. Historical Information 123 Kings Road is located on the north side of Kings Road just west of South Ocean Boulevard in Palm Beach’s Boulevard Estates Subdivision. The house was originally part of Cielito Lindo, one of Palm Beach’s finest estates, designed by Marion Sims Wyeth and constructed by Watt and Sinclair in 1927. Cielito Lindo, meaning “A Little Piece of Heaven,” was the 45,000 square-foot winter home of Jessie Woolworth Donahue and her husband James P. Donahue. The $2-million mansion was originally constructed on a vast 300-foot wide lake-to-ocean parcel between what is now Woodbridge Road and Algoma Road. By World War I, Henry Flagler had established Palm Beach as the winter capital of American high society. Most came by rail and stayed for the early January to February 22nd season at one of Flagler’s luxury hotels, the Royal Poinciana or the Breakers. However, following World War I, this practice shifted as the season became longer and many of the society’s wealthy built grand mansions along the ocean and lake. The early architect of choice was Addison Mizner who had come to Palm Beach with Paris Singer in 1918 and designed Singer’s Mediterranean Revival-style Everglades Club in 1918-1919. The club not only became the new center of social life for Palm Beach’s wealthiest and most socially prominent residents, but it also introduced Mizner’s Mediterranean Revival style to the island. Society leaders Eva and Edward Stotesbury were the first to commission Mizner to design a grand Mediterranean Revival style estate for their winter residence. The resulting El Mirasol, on a vast oceanfront property, provided a superb setting for Eva Stotesbury’s extensive entertaining and “confirmed both Eva’s status as society queen and Mizner’s status as a fashionable architect.”1 With El Mirasol setting the precedent, owning a fashionable Mediterranean Revival-style estate became a symbol of prestige and a place to entertain for Palm Beach’s and affluent winter residents.

1

Donald Curl, Palm Beach County: An Illustrated History. Windsor Publications Inc., 1986. Throughout the 1920s land boom, Mizner remained a highly sought after architect, designing mansions for many of the most prominent winter residents. In addition to Paris Singer and the Stotesbury’s, some of Mizner’s Palm Beach clients included Harold Vanderbilt (El Solano), Charles Munn (Amado), Gurnee Munn (Luawana), Anthony Drexel Biddle (Villa del Sarmiento), Charles Winn (Kahlua), Dr. Willey Lyon Kingsley (La Bellucia), George Mesker (La Fontana), Arthur Chaflin (Casa del Ensuenos), Edward Shearson (Villa Flora) Rodman Wanamaker (La Guerida), Dr. Preston Satterhite (Casa Florencia), William Warden (Warden House), Henry Phipps (Heamaw), John Phipps (Casa Bendita), Leonard Thomas (Casa de Leoni) William Wood (The Towers), Joshua Cosden (Playa Riente), George Rasmussen (Casa Nana) and Major Barclay Warburton (Villa Des Cygnes).

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James P. Donahue and his wife Jessie Woolworth Donahue started spending the winter season in Palm Beach in the early 1920s, arriving in their lavish private railcar, Japauldon, and staying at the Everglades Club where they entertained extensively. 2 Jessie Woolworth Donahue was the youngest of three daughters of Franklin Winfield Woolworth, the five-and-dime store magnate who was one of the wealthiest men in America at the time of his death in 1919. When her mother, Jennie Creighton Woolworth, died in 1921, Jessie and her sister Helena Woolworth McCann and her niece Barbara Hutton, shared in the huge fortune. 3 The early 1920s was a period of tremendous growth in the Town of Palm Beach. The Island had become the winter resort of America’s most influential families and the building boom was radically changing the face of the small community. Though Ocean Boulevard was complete by 1920 most of the land west of the road was covered with jungles of rugged palms. During the Land Boom, much of the land was transformed into grand Palm Beach estates designed by architects to suit their wealthy clients’ extravagant tastes and lavish lifestyles. Marjorie Merriweather Post had been vacationing in Palm Beach since the early 1900’s, having stayed at the Royal Poinciana Hotel and The Breakers with her first husband Edward Bennett Close.4 By 1920, she had inherited a vast fortune from her cereal-tycoon father C.W. Post, married her second husband, Edward Francis “E.F.” Hutton and was eager to build her own estate where she could spend the winter season and entertain. While the Hutton’s were looking for property on Golfview Road to build their estate, they met Marion Sims Wyeth, a New York architect who had moved to Palm Beach the previous year. According to reports from the time, “When the sun had set on Golfview Road that day, the Hutton’s had hired Wyeth to build them a home on a plot of land they had purchased that afternoon from Paris Singer’s Ocean and Lake Realty Company, launching Wyeth into a lifelong career of villa-building in the resort.” 5 By the 1921 winter season, the Hutton’s were established in Hogarcito, their new Spanish-style house fronting the Everglades Club golf

2

Japauldon was named for James Paul Donahue. Jessie’s sister Edna Woolworth (1883-1917) married Franklyn Laws Hutton, brother of E.F. Hutton and a financial advisor to her father. They had one child, Barbara Hutton. Edna died in 1917 when Barbara was just five years old. Jessie Woolworth Donahue was a sister-in-law of Marjorie Merriweather Post, who had been married to E.F. Hutton (1920-1935), and Barbara Hutton was a niece of both women. 4 Marjorie Merriweather Post divorced Edward Bennett Close in 1919 and married E.F. Hutton in 1920. 5 Shirley Johnson, Palm Beach Houses. New York: Rizzoli International Publications, 1991; p. 290. 3

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course.6 However, even after a large addition by Wyeth in 1923, the house was too small for the Marjorie’s entertaining, so she called upon Wyeth again to design a palatial estate further south on an ocean to lake property that four years later would become Mar-a-Lago.7 The South Florida Land and Building Boom reached its height in late 1925, but by 1926, the “Boom Times” were ending as speculation had pushed prices so high that speculators and developers could no longer find buyers and many banks in the state failed. However, while much of South Florida suffered from this real estate bust, the Palm Beach winter colonists and real estate on the island was not dramatically affected. A February 27, 1927 Palm Beach Times article titled, “Much Activity Indicated in New Projects: Several Homes to be Built at Resort” addressed this issue: “Every indication that there will be plenty of activity in the building trades in Palm Beach during the coming summer is evidenced in the announcement of a number of private homes and apartments to be constructed in the winter colony. The announcement of increased building activity comes as encouraging to many tradesmen who feared that with the completion of the Bath and Tennis Club, the Sunrise Theatre building, the Oasis Club and other places there would be a big cessation in building and that many men would be jobless. The Donahue house along Ocean Boulevard will be the largest to be built during the coming year.” 8

As Mar-a-Lago was being completed, James and Jessie Donahue hired Wyeth to design a grand estate for them on a sprawling ocean-to-lake lot they had purchased a few years earlier just one block north of Mar-a-Lago. A January 19, 1927, Palm Beach Post article titled, “Work Started On New Oceanfront Palm Beach Home; Strip Near Hutton’s is Site of New Residence; Contractor Brings Huge Crew from North to Construct Mansion Here,” describes the beginning of Cielito Lindo: “Hogarcito, Palm Beach – Historic Home for Sale.” Palm Beach Daily News 11 September 2009. According to historian Donald Curl, “Hogarcito was the first house to be built on Golfview Road. Many of the other houses were built because Marjorie Merriweather Post (at that time Mrs. E.F. Hutton) wanted to populate the street with what she called, ‘young marrieds,’ which is how she saw herself. Mr. and Mrs. Charles McCann (Helena Woolworth) were one of the ‘young marrieds’ who bought a Wyeth house on Golfview Road.” 7 Marion Sims Wyeth drew the basic plans for Mar-a-Lago but Marjorie Merriweather Post wanted something more grand and extravagant so she hired Austrian architect Joseph Urban to create a dramatic 115-room villa. 8 “Permits Nearly Two Million in Colony.” Palm Beach Post, 1 January 1928. While West Palm Beach and Palm Beach during the year of 1927 were absorbing the great number of hotels, apartment and public buildings which shot up in the proceeding years, in Palm Beach a number of winter residents have been busy constructing new homes or adding to their estates. As a result of this activity, building permit totals for Palm Beach have kept pace with those of 1926. For 1927, the permits totaled $1,691,699 and in 1926 $1,888,200. 6

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“Ground was broken and work started yesterday on the foundations of the new James P. Donahue home, which is to be located on a 300-foot wide strip of land between the lake and the ocean, just north of the Charles W. Copp estate, near the new Bath and Tennis Club and the Edward F. Hutton mansion (Mara-Lago). The Donahue home, which is to be the permanent winter abode of Mr. and Mrs. Donahue, regular Palm Beach residents, will be one of the most interesting additions to the Ocean boulevard residences and is to be located along one of the loveliest stretches of beach. Watts and Sinclair, contractors, who have been in charge of construction work for Mr. Donahue in the north, arrived in Palm Beach with a large crew and began work yesterday on the foundations. Mr. and Mrs. Donahue are to arrive Monday for the final consultation with Marion Sims Wyeth, Palm Beach architect who is designing the house. They visited Palm Beach early in December to confer with Mr. Wyeth and are arriving now to occupy their apartment at the Everglades Club and superintend the early stages of the building. Like most Palm Beach houses built by Mr. Wyeth, the architecture is decidedly Spanish in feeling and influence and the dominant feature will be the patio facing west and overlooking the lake with a glass terrace above it. The house will have the usual features of Palm Beach villas with a large 30x50 living room, a library, a 22’ x 35’dining room opening into a conservatory, breakfast room, six master bedroom suites and sleeping porches. The usual kitchen and servant’s rooms are in the rear together with a garage and a chauffeur’s house. The house is to be complete with every small detail that affords comfort and luxury. The beach opposite the Donahue property is one of the best along the shore and for two years they have maintained a private bathhouse there with kitchen, shelter and conveniences for the serving of beach luncheons. During their recent visit here they entertained at several beach luncheons and have allowed friends to use the beach and its facilities during their absence. The proximity to the Bath and Tennis Club makes this location all the more desirable, with the beautiful homes on the south ocean front as near neighbors. Mr. Wyeth adds this home to his already notable list of Palm Beach houses.”

The Donahue’s wished to occupy their house for the 1927-1928 winter season, so Watts and Sinclair, Inc. brought a “small army of workmen” to construct the house. 9 Just eleven months after the foundation was laid, Cielito Lindo was 9 “Donahue House on Boulevard Nearly Ready: Mr. and Mrs. Donahue, with Two Sons, Expected to Arrive December 22 for the Christmas Holidays.” Palm Beach Daily News, 16 December 1927. The palatial Palm Beach home on South Ocean Boulevard of James P. Donahue of No. 6 East 80th Street, New York City, will be complete and ready for occupancy on December 22, according to the announcement yesterday of Marion Sims Wyeth, architect in charge and designer of the Spanish type residence. With the last of the building work, supervised by Watt and Sinclair, Inc., New York contractors, drawing near, the small

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ready for occupancy. Jessie and her two sons, James Jr. “Jimmy” and Woolworth “Woolie” arrived by train to spend Christmas in Palm Beach. Newspaper articles bestowed accolades upon Cielito Lindo, describing it as “the magnificent new home that has taken its place among the show places of Palm Beach.” 10 In addition to the house, the elaborate estate grounds received extensive praise in newspaper and magazine articles. Designed by Lewis & Valentine of Long Island, the grounds included many lush gardens with magnificent plantings and rare flowers creating a “wonderland of tropical beauty.” 11 In addition to the exquisite gardens and stunning landscaping, the grounds included a multi-car garage, a chauffeur’s and gardener’s house, a tennis court, a boathouse, an orchid house, orange groves, a tea pavilion, a lily pond and numerous stone fountains and benches, all overseen by the estate’s gardener and superintendent E.E. Sheldon. 12 James and Jessie Donahue returned to Palm Beach in January 1928 to spend the winter season. Like the other grand Palm Beach estates, Cielito Lindo was designed for entertaining. Not long after moving in, the Donahue’s christened Cielito Lindo with a party. According to a February 21, 1928 article in the New York Evening Post, “One of the largest parties of the season was given at Cielito Lindo last evening by Mr. and Mrs. James P. Donahue, to which were bidden practically all of the winter colony. The affair was in the nature of a house warming of their new home. The mansion takes its place among the four or five of Palm Beach’s most notable homes.” 13

Jessie’s inheritance from the Woolworth fortune allowed the Donahue’s to lead lavish lifestyles. Even after the untimely death of her husband James in 1931, Jessie continued to host grand parties at Cielito Lindo, often accompanied by army of workmen who were employed on the grounds when the contract was let last February has now dwindled to about 50 men. 10 Palm Beach Daily News 16 December 1927. 11 “Donahue Estate a Wonderland of Beauty; Gardens Replete With Rarest Flowers.” Palm Beach Post 13 January 1929. According to Dr. W.S. Aldridge, president of the Lake Worth Garden Club in the 1920s-1930, “Cielito Lindo’s grounds were an outstanding example of the art of landscape gardener. The division and layout of the gardens are as beautiful as the rare plants and decorative carved stonework they contain.” 12 Three separate building permits were taken out April 11, 1927 for some of the outbuildings; #668 for the Gardner and Chauffeur House $18,000; #669 Garage and Service Building $35,000 and #670 for the Boat House $10,000. 13 J.P. Donahue’s Open New House at Palm Beach: Cielito Lindo Scene of Resort’s Largest Party – Geraldine Farrar in Concert.” New York Evening Post, 21 February 1928.

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her sons. 14 Jimmy Donahue had a notorious friendship with the Duke and Duchess of Windsor, and they were frequent guests at Cielito Lindo and aboard Jessie’s yacht Freedom which she began bringing to Palm Beach in the 1930s.15 Woolie Donahue, who had married Gretchen Wilson Hearst, also wintered in Palm Beach in houses on owned on Via Belleria and South Ocean Boulevard.16 Barbara Hutton, the only daughter of Jessie’s late sister Edna, was also a frequent guest at Cielito Lindo and in the early years the tower room was known as Jimmy and Barbara’s playroom. 17 Other Palm Beach winter colonists associated with the Woolworth fortune included Jessie’s sister Mrs. Charles E.F. McCann (Helena) who commissioned Wyeth to design a house on Golfview Road just after he completed Hogarcito and Woolworth Company executive, Earle Perry Charlton, who hired Wyeth to design his Jungle Road oceanfront estate Qui-Si-Sana in 1924. The 1929 stock market crash and ensuing Great Depression had little effect on the Woolworth fortune. Jessie Donahue continued to spend the winter season in Palm Beach, and New York and Palm Beach newspapers covered her grand parties and family’s extravagant lifestyle. Though she had the means to run a large estate, there were several years during the 1930s and early1940s Jessie chose to spend the season at Whitehall, the Everglades Club or aboard her yacht, and open Cielito Lindo only for her large celebrated parties. When Cielito Lindo was not open, Jessie did not want for a place to entertain, as she was a member of all of the fashionable clubs in Palm Beach and also frequently entertained at her beach house. 18 At the end of World War II, Jessie Donahue was ready to downsize her Palm Beach winter residence and consequently put Cielito Lindo up for sale. In James P. Donahue, Sr., committed suicide in April of 1931 in their New York home. Jimmy Donahue became friends with the Windsor’s while sailing to Europe in the 1930s. The Duke of Windsor had been King Edward VIII before abdicating the throne to marry Wallis Simpson, who was a twice-divorced American. Jimmy and Jessie Donahue enjoyed being in the company of the Duke and Duchess and Jessie spent large sums of money entertaining them in the United States and abroad. 16 Woolworth Donahue married three times. His third wife Mary Donahue, the former Mary Hartline of Super Circus fame, outlived Woolie (1973), Jessie (1971), and Jimmy (1966), thus inheriting a substantial sum of money and numerous houses, yachts and cars. One of the houses was Casa Nana at 708 South Ocean Boulevard. 17 Barbara Woolworth Hutton was dubbed the “Poor Little Rich Girl” first when she was given a lavish debutante ball in 1930 amid the Great Depression, and later due to a notoriously troubled private life. By the time of her 21st birthday, she was one of the wealthiest women in the world. She married seven times, once to Cary Grant, all ending in divorce. When she was younger she spent time with her cousins at Cielito Lindo and Mar-a-Lago (cousin to Nedenia Hutton aka Dina Merrill) and was known to be a close confidant to Jimmy Donahue. 18 Jessie Woolworth Donahue belonged to the Everglades Club, Bath and Tennis Club, Seminole Club, and the Gulf Stream Club, 14 15

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1946, she sold the house and property to developers for $101,000. 19 At that time, many owners saw their large estates as anachronisms, too large to aircondition, too expensive to maintain, and too hard to staff. Within a few years, many of Palm Beach’s great estates including Playa Riente, El Mirasol, Casa Bendita, The Towers, Casa Florencia, Casa Joseto and La Fontana were demolished, making way for housing developments and high-rise condominiums. 20 Most in Palm Beach assumed that Cielito Lindo would meet the same fate. However, architect Byron Simonson, who had been a draftsman and designer for Addison Mizner and Maurice Fatio, devised a plan to subdivide the property into the nineteen-lot Boulevard Estates subdivision and then subdivide the Cielito Lindo estate into five residences. The January 11, 1949 article in Palm Beach Life describes this achievement: How a very large mansion in Palm Beach was snatched from the jaws of house wrecking machinery a few years ago and divided into five villas, creating what is known today as the Ocean Boulevard Estates, is an architectural feat worthy of notice. The very large mansion partitioned into five smaller ones this past year was once the home of Mrs. James P. Donahue. Erected in the twenties, it was known in Palm Beach and New York society columns as “Cielito Lindo,” the scene of sumptuous social affairs and one of the most charming villas of Palm Beach’s Ocean Boulevard. The three-day sale of household goods was believed to mark Cielito Lindo’s swan song with the large acreage being divided into 19 lots with a road running through the mansions 60-foot living room. Instead, through an outstanding venture in preservation and the architectural ingenuity of Byron F. Simonson of Simonson and Holley, a proposal to erect five graceful dwellings by partitioning the house and auxiliary buildings, was accepted and work begun last year. Dining halls became living rooms in the partitioning, servant’s quarters were converted to bedrooms, and even incinerator flu became a fireplace large enough to burn 12-foot logs. Bedrooms were fashioned from loggias and entire kitchens from the laundry of the large house. In every instance something old becoming something new in the skillful partition of a mansion. Now stands on the site of the great Spanish-Moorish castle five smaller ones. All Cielito Lindo thus divided into five parts produced charming and intimate

19 At the time of the sale and subdivision of Cielito Lindo, the Donahue family retained the oceanfront lots east of Ocean Boulevard with its luxurious beach house and kept a corner of the property on the southwest corner of Ocean Boulevard and Woodbridge Road as a site for a guesthouse. Jessie Donahue took an Everglades Club apartment for her winter residence. There were plans drawn for a guesthouse but it was not constructed. 20 Donald W. Curl. Mizner’s Florida: American Resort Architecture.” New York: Architectural History Foundation, 1984; page 203.

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smaller villas, picturesquely dotting a broad expanse stretching from ocean to lake along Kings Road on in the new Ocean Boulevard Estates. 21

Contractors Smith, Yetter & Griffin, completed the partitioning of Cielito Lindo and subsequent renovations to 123 Kings Road in 1947. 123 Kings Road was originally the estate’s grand dining room and breakfast loggia. Byron Simonson redesigned the partitioned structure into a fully functional singlefamily house. Mr. and Mrs. Hall and their two daughters, Katherine and Ann Elizabeth, purchased the house in February 1949 for $80,000. The Halls had been visiting Palm Beach for many years from Asheville, North Carolina prior to purchasing the house. Katherine Hall was a professional historian and medievalist and achieved international recognition for her scholarly history of English architecture. In Palm Beach, Katherine and Ann Elizabeth became very involved with Bethesda-by-the-Sea Episcopal Church. Katherine wrote two books about the church, which included information on Bethesda’s influence on cultural and educational realms in Palm Beach life since 1889. Ann Elizabeth wrote the church’s most recent tour guide and continues to lead Bethesda’s tour guide program. The current owners Robert “Bob” and Carolyn Jackson purchased the house from Ann Elizabeth Hall in February of 1999, exactly 50 years after the Hall’s purchased the villa. Bob Jackson had visited the house many times over the years and stayed in touch with the Hall sisters during their ownership. 22 The Jackson’s have remained excellent stewards of the house. IV. Architectural Information

21

The five houses are located at 122, 123, 127, 137 and 145 Kings Road. 122 Kings Road, lot 17, includes the original tower, entrance hall and bedrooms ($135,000). 123 Kings Road, lot 3, was the dining room and breakfast room ($80,000). 127 Kings Road, lot 4, was the entire culinary department of the original mansion and the huge fireplace was once the incinerator flu ($75,000). 137 Kings Road, lot 5, was originally the fivecar garage and laundry building ($75,000). 145 Kings Road, lot 6, was converted from the chauffeur’s house ($75,000). 22 According to a Palm Beach Daily News article “New Residents Cherish Cielito Lindo’s Past” October 25,2002, Bob Jackson state, “I was always in love with the house. When I was younger, I would come over and talk to Evangeline Hall, the mother of the two Hall girls, to let the family know that should they ever want to sell, I was interested.”

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At a time when many of the extravagant oceanfront estates in Palm Beach were being torn down due to changing desires in the size and styles of residences, an important architectural and preservation achievement took place at the notable Cielito Lindo estate of James and Jessie Donahue. Designed by Marion Sims Wyeth and constructed in 1927 by the firm of Watt & Sinclair, Cielito Lindo was a Mediterranean Revival style masterpiece with Spanish and Moorish influences. In 1946, Jessie Woolworth Donahue sold the massive 45,000 square foot, 125 room estate and architect Byron Simonson devised a plan to subdivide the property into nineteen lots and divide the stately home into five separate residences. One of the residences created from this preservation effort was 123 Kings Road.

Cielito Lindo’s West Facade

Cielito Lindo, as designed by Wyeth, was an excellent example of the Mediterranean Revival style of architecture that was popular in Palm Beach during the Land Boom of the 1920s. The Mediterranean Revival style is an eclectic style incorporating architectural elements derived from the area around the Mediterranean Sea including Spanish, Italian and Moorish elements. The style is found most frequently in states that have a Spanish Colonial heritage, but its use gained national popularity after the Pan-American Exhibition held in San Diego in 1915. In Palm Beach, the style was first popularized in 1919

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by Addison Mizner’s design for the Everglades Club. The popularity of the style soared in the 1920s for both commercial and residential buildings. The style remained a pervasive influence on building design until World War II. Buildings of this style are often decorated with ornate cast-stone columns, pilasters and window surrounds. Arched openings, balconies, asymmetrical massing and windows of varying sizes and shapes are also common features. In addition, stone or stucco facades, decorative wrought ironwork, tile floors, pecky cypress ceilings and clay barrel tile roofs are typical features of Mediterranean Revival style buildings. Cielito Lindo was constructed of hollow clay tile and brick surfaced with stucco with barrel tile surfaced hip roofs with exposed rafters. The residence’s most significant exterior features included the Moorish influenced brick railings, bands, and arches, geometric interlaced wood details, and a three-story tower. The subdivision of the Cielito Lindo estate in 1947 included creating five

North

separate residences with Kings Road running thru the middle of the original residence. Byron Simonson redesigned the partitioned structures into fully functional single-family houses. 123 Kings Road was originally the estate’s grand dining room and breakfast loggia, located in the northern wing of the stately home. Character-defining elements of the original estate were preserved, including a decorative brick belt course, terraces, chimneys, and barrel tile roofing with exposed rafters.

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Main (South) Facade

The residence’s main (south) façade, facing Kings Road, had once been an interior wall. In Simonson’s design for the new house he retained elements from Cielito Lindo’s original design. Cielito Lindo’s original grand entrance doors of carved wood with cast stone trim were installed as the entrance to 123 Kings Road. The curved grille that had been located over the original entrance was also installed above the doors on a cast stone corbel, however the grille has since been removed.

Cielito Lindo’s Original Entrance

South Façade Elevation, 1947

Also retained were some of the shapes of the openings between rooms for use as the south façade’s fenestration. The unique arched opening to the east of the entrance was a part of the original residence. It has been enclosed with glass doors and sidelights with a transom above. The doors lead to a balcony with a decorative curved metal railing. The east façade of the residence features a loggia that was constructed using columns from the original residence. Many of the original windows and doors in the house were retained including the original single paned glass doors with arched transoms in the living room. These doors lift up rather than out and provide access to the east loggia.

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East Facade, 1947

The grade of the property changes approximately eleven feet from east to west. This change in grade allows for a two-car garage to access the residence on the west façade at the lower/basement level. An arched glass doorway on the main level leads to a terrace with wrought iron railings on the west façade above the garage. Another terrace is located at the southwest corner of the residence.

West Facade

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According to the Town of Palm Beach’s building permits, alterations to the house since the 1947 partitioning have been few. They include interior renovations, pool installation, landscape and hardscape changes, re-roofing, and ordinary repair and maintenance. 23

23

Town of Palm Beach Building permits from 1927-205.

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V. Architect’s Biography Marion Sims Wyeth Marion Sims Wyeth was as one of Palm Beach’s foremost architects in a career that spanned over fifty years. Wyeth was noted for his "quiet, subdued and rational" interpretations of both the Spanish and Italian styles. With Addison Mizner, Maurice Fatio, Joseph Urban and John Volk, he is credited with creating the "Palm Beach Style". Wyeth was born in 1889 in New York, a son of Florence Nightingale Sims and Dr. John Allan Wyeth. Dr. Wyeth was a Civil War poet, surgical pioneer, and founder of New York's Polyclinic Hospital, the first postgraduate medical school in the United States. Marion’s grandfather, Dr. James Marion Sims, founded the field of gynecology and the first woman’s hospital in history. Marion Sims Wyeth began his architectural studies at Princeton University and completed his classic training at the École des Beaux-Arts in Paris in 1914. At the time, the École was considered the one of the finest schools in the world. It was a style of education based on studying the classics, mostly Roman architecture. After completing school, Wyeth served as secretary to the U.S. Ambassador in Rome. Upon his return to New York, Wyeth became associated with the architectural offices of Bertram Grosvenor Goodhue and later with Carrere and Hastings, the firm that designed Whitehall for Henry Flagler. Arriving in Palm Beach at the age of 30, Wyeth met with immediate success. From 1920, Wyeth shared a New York office with Frederic Rhinelander King, a friend from his student days in Paris, until 1934 when they formalized the relationship with the Wyeth and King partnership. William Royster Johnson joined Wyeth’s Palm Beach office as a draftsman in 1924. In 1944 he became a partner and the firm name changed to Wyeth, King and Johnson. Over the years, the firm designed buildings ranging from Mediterranean Revival to classical Georgian, French, and Colonial styles. The socially popular Wyeth was a prolific craftsman and more than 100 of his designs have graced the Island, including eight built on El Brillo Way. Some of his well-known Palm Beach designs include Qui Si Sana, Casa Juanita, Hogarcito, Casa de Los Arcos, Vita Serena, Southwood and the Betheseda by the Sea rectory. His largest and most impressive project was Cielito Lindo, a 45,000-square-foot Spanish Moorish-Revival-style mansion built for James Donohue and Jessie Woolworth Donohue in 1927. In 1946-

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1947, it was sold to developers, who split the property and created five houses. And while Joseph Urban is credited with Mar-a-Lago, Wyeth's association with the project was essential for its original design and completion. Wyeth also had an impressive list of prominent works outside of Palm Beach. Some of these include Good Samaritan Hospital and the Norton Gallery of Art in West Palm Beach, the Governor's Mansion in Tallahassee, and Doris Duke’s Shangri La in Honolulu. Wyeth served as a trustee of the Society of the Four Arts (1936-1969) and as its president (1956-1961). He became the first Palm Beach architect to be elected a fellow of the American Institute of Architecture in 1954, and received the Test of Time Award from its Palm Beach Chapter in 1981. Marion Sims Wyeth passed away in 1982 at the age of 93. Byron Frederick Simonson Byron Simonson was born in Milwaukee, Wisconsin on December 9, 1902. He attended Milwaukee State Teachers College from 1920 – 1923. He then attended the Chicago Institute of Fine and Applied Arts and the Ray School of Design for a year. Simonson moved to Palm Beach and served as chief draftsman for Addison Mizner from 1924-1925 and again from 1930-1933. Between that time he was a designer for York & Sawyer in New York. From 1933-1942, Simonson was the chief designer for Treanor and Fatio. On April 28, 1944, Simonson applied to the State of Florida licensure as an architect, which was granted with certificate #AR0001418 on January 11, 1945. Upon receiving his Florida architectural license, Byron Simonson formed a partnership with Maurice E. Holley, which thrived until they dissolved the partnership in 1949, at which time he began to practice under his own name. He acquired a N.C.A.R.B. certification and was active in the Palm Beach Chapter of the A.I.A. 24 Byron Simonson’s most prominent work in Palm Beach is the Colonial Revival style Colony Hotel he designed in 1946-1947. In the 1950’s he “renounced the arches and columns of classical styles” for Mid-Century Modernism. The former La Coquille Club in Manalapan was considered a modernist masterpiece popular with the jet set and for a time put Simonson in the top tier of Palm Beach’s society architects.25 Built in 1952 for Spelman Prentice, John D. Rockefeller’s grandson, “the club’s flat-roofed buildings 24 25

N.C.A.R.B is the National Council of Architectural Registration Boards. The La Coquille Club was demolished in 1985 to make room for the Ritz Hotel (now Eau Palm Beach). 71

were so stunningly avant-garde that the year after it opened, awed Florida AIA members held their meeting at the club and high society loved its minimalist elegance.” 26 Simonson became one of the areas most prominent modern architects in the post-war building boom of the 1950s but unfortunately most of his Palm Beach houses were torn down after modernism fell out of favor locally in the 1980s. Byron and Frances Simonson had two children, Dawn and Byron Douglas. The Simonson family summered at their Tioga Coach House in Sapphire Valley, North Carolina where Byron also designed a number of houses. Byron Simonson passed away in 1972. Builders Biography - William Watt, Jr. William Watt, Jr. was a winter resident of Palm Beach since 1928. Mr. Watt was the founder of Watt & Sinclair of New York, a construction firm that built many buildings in Manhattan as well as numerous houses in Oyster Bay (NY), Red Bank (NJ) and Palm Beach. 27 William Watt first came to Palm Beach at the request of Jessie Woolworth Donahue in 1927 to supervise the construction of her Palm Beach villa, Cielito Lindo, designed by Marion Sims Wyeth. Watt was the builder for the Woolworth Building in New York City that Jessie’s father F.W. Woolworth commissioned in 1913. Cass Gilbert was the architect for the terra-cotta building that was dubbed “The Cathedral of Commerce” and at 792 feet was the tallest building in the world until 1930. In 1939, the firm of Watt and Sinclair moved to Palm Beach and the Watt family became permanent winter residents of Palm Beach. Their house on Jungle Road was designed by Palm Beach architect William Johnson. Associated with leading architects of the area, Mr. Watt’s firm planned and built many residences in Palm Beach. One of Mr. Watt’s closest associates was Maurice Fatio, and together they designed and built a number of residential and commercial buildings.

Augustus Mayhew, New York Social Diary. The Woolworth Building at 233 Broadway in New York City was designed by Cass Gilbert and constructed by Watts and Sinclair for five-and-dime store magnate F.W. Woolworth in 1913. When the magnificent terra-cotta building opened it was dubbed “the Cathedral of Commerce” and at 792 feet was the tallest building in the world until 1930. 26

27

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Mr. Watt planned and supervised the building of the Morrison Field to serve as West Palm Beach’s Airport. When World War II was declared, he expanded the field to buildings for what was to become the ferrying base for the Air Transport Command. As a military base, Morrison Field became a port of embankments for Army Air Force bomber crews headed for North Africa and England. Mr. Watt was a successful developer and social member of the winter colonists with memberships to both the Everglades Club and the Bath and Tennis Club. VI. Statement of Significance 123 Kings Road is significant as an evocative remaining part of the grand Cielito Lindo estate. Its Mediterranean Revival architecture with Moorish influence is an excellent example of the style and a notable work of Marion Sims Wyeth. It is also significant as one of the first acts of historic preservation in Palm Beach where a great estate was divided and adaptively reused rather than demolished. VII. Criteria For Designation Section 54-161 of the Town of Palm Beach Landmarks Preservation Ordinance outlines the criteria for designation of a landmark or landmark site and suggests that at least one criterion must be met to justify the designation. Listed below are the criteria which relate to this property and justification for designation: (1) “Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state, county or town.” 123 Kings Road reflects the broad cultural, economic and social history of the Town of Palm Beach. Cielito Lindo was built at a time when many of the wealthiest people in America came to Palm Beach for the warm winter season and built palatial estates to live in opulence and entertain guests with magnificent parties. Jessie Woolworth Donahue was one of the wealthiest women in the United States when she commissioned Cielito Lindo and she did not spare any expense in the design of the house and grounds or in the parties she hosted.

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123 Kings Road also reflects the post World War II era when numerous owners of Palm Beach’s grand estates sold their properties to developers who subsequently demolished the estates that had become too costly to maintain. Fortunately, Cielito Lindo was a novel project where the estate was portioned rather than demolished making 123 Kings Road a fine example of adaptive reuse. (3) “Embodies distinguishing characteristics of an architectural type or is a specimen inherently valuable for the study of a period, style, method of construction or use of indigenous materials or craftsmanship.” 123 Kings Road is an excellent example of the Mediterranean Revival style architecture popularized in Palm Beach during the Land Boom of the 1920s and still recognized as the “Palm Beach Style.” The Moorish influences that Marion Sims Wyeth incorporated into the design enhance the exotic nature of the style, and the re-use of significant design elements from the original estate into the design of 123 Kings Road enriches the style of the residence. Furthermore, the partitioning of the Donahue’s grand estate Cielito Lindo into five separate residences is an example of a method of construction that is valuable for study. (4) “Is representative of the notable work of a master builder, designer or architect whose individual ability has been recognized or who influenced his age.” Marion Sims Wyeth was as one of Palm Beach’s foremost architects in a career that spanned over fifty years. More than 100 of his designs have graced the Island and many consider Cielito Lindo to be Wyeth’s most impressive work of his career. Though 123 Kings Road is just a portion of the original estate, it is still evocative of the original design and a notable representation of Wyeth’s work. Byron F. Simonson was a Palm Beach architect who had worked for both Addison Mizner and Maurice Fatio before designing the Colony Hotel, his largest Palm Beach commission. It was Simonson’s architectural ingenuity to partition Cielito Lindo into five houses and create the Ocean Boulevard Estates subdivision with Kings Road running through the middle.

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VIII. Selected Bibliography Curl, Donald W. Mizner’s Florida: American Resort Architecture. New York: The Architectural History Foundation, 1984. --- Palm Beach County: An Illustrated History. Northridge, California: Windsor Publications, Inc., 1987. Historical Society of Palm Beach County. Archives and PBC History Online. Files and Photographs with information on Cielito Lindo and the Woolworth and Donahue families. Hoffstott, Barbara D. Landmark Architecture of Palm Beach (Third Edition). Pittsburgh: Pittsburgh History & Landmarks Foundation, 1991. Johnston, Shirley. Palm Beach Houses. New York: Rizzoli International Publications, 1991. Knott, James R. Palm Beach Revisited: Historical Vignettes of Palm Beach County. Palm Beach Post: The Best of the Brown Wrappers I, 1987. Marconi, Richard and Debi Murray with the Historical Society of Palm Beach County. Images of America: Palm Beach. Charleston, SC: Arcadia Publishing, 2009. Marconi, Richard A. and the Historical Society of Palm Beach County. Palm Beach: Then & Now. Charleston, SC: Arcadia Publishing, 2013. The Palm Beach Daily News and The Palm Beach Post. Archived Articles 1913 – 1989. Palm Beach Life, 1949. Preservation Foundation of Palm Beach. Building Files and Architect Information Roberts, Mary Fanton. “Cielito Lindo” Arts & Decoration Magazine, Volume XXIX, Number 3, July 1928.

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Sanborn Insurance Map of Palm Beach. New York: Sanborn Map Co., 1919 and 1924 updated to 1946 Town of Palm Beach. Building Permits and Microfiche Records 1919– 2015. Thuma, Cynthia. Images of America: Palm Beach Vintage Postcards. Charleston, SC: Arcadia Publishing, 2001. West Palm Beach City Directories. Palm Beach Section, 1916-1975.

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IX. Florida Master Site File Form

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Palm Beach, Florida, Code of Ordinances » PART II - CODE OF ORDINANCES » Chapter 54 HISTORICAL PRESERVATION » ARTICLE IV. - DESIGNATION PROCEDURE »

ARTICLE IV. - DESIGNATION PROCEDURE Sec. 54-1 61. - Criteria for landmarks and landmark sites. Sec. 54-1 62 - Creation of historic djstrjcts. Sec. 54-163. - Commission oowers wrth respect to landmarks. landmark sites and historic districts. Sec 54-1 64. - Landmark. landmark site and historic district desjgnation and undesignation procedures. Sec. 54-1 65. - Voluntary restrictive covenants. Secs. 54- 16&-54-195. - Reserved.

Sec. 54-161. - Criteria for landmarks and landmark sites. A landmark or landmark site shall meet at least one of the following criteria : (1)

Exemplifies or reflects the broad cultural , political, economic or social history of the nation , state, county or town .

(2)

Is identified with historic personages or with important events in national , state or local history.

(3)

Embodies distinguishing characteristics of an architectural type or is a specimen inherently valuable for the study of a period , style, method of construction or use of indigenous materials or craftsmanship.

(4)

Is representative of the notable work of a master builder, designer or architect whose individual ability has been recognized or who influenced his age .

(Code 1982, § 16-38)

Sec. 54-162. - Creation of historic districts. (a)

(b)

Authorized. For preservation purposes, the commission shall identify geographically defined areas within the town to be designated as historic districts and shall cite the guideline criteria upon which such designation shall be made. An historic district may be designated for any geographic area of particular historic, architectural or cultural significance to the town that: (1)

Exemplifies or reflects the broad cultural , political, economic or social history of the nation , state, county or town .

(2)

Is identified with historic personages or with important events in national, state or local history.

(3)

Embodies distinguishing characteristics of one or more architectural types, or contains specimens inherently valuable for the study of a period, style or methods of construction or use of indigenous materials or craftsmanship .

(4)

Is representative of the notable works of one or more master builders, designers or architects whose individual ability has been recognized to have influenced their age.

(5)

Constitutes a unique area of architecture, landscaping and planning.

Petition for special historic district category. Following the designation of each landmark or landmark site, the commission may petition the town council for the categorizing of such 106 81

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property as special district H. Following the designation of each historic district, the commission may petition the town council for the categorizing of each property in such district to special district HD. (Code 1982, §§ 16-38.1, 16-39)

Sec. 54-163. - Commission powers with respect to landmarks, landmark sites and historic districts. The commission has the power to: (1)

Designate a building , together with its accessory buildings and its lot of record, or a vacant site or a district as historic and worthy of preservation as a landmark, landmark site or historic district, as the case may be, within the jurisdiction of the commission, provided such designation is ratified by the town council.

(2)

Recommend appropriate legislation for the preservation of any building, site or district which it has so designated.

(3)

Make application for public and private funds when appropriate and available for the purposes set forth in this article subject to the approval of the town council.

(4)

Review applications proposing erection , alteration, restoration or moving of any building it has so designated or any building located in a district it has so designated, and to issue or deny certificates of appropriateness accordingly .

(5)

Review applications for demolition permits proposing demolition of all or part of any landmark or any building located in an historic district, and to issue certificates of appropriateness or to deny them for one year.

(6)

Cooperate with the owner of a landmark or a property located in an historic district throughout the year following a refusal to issue a certificate of appropriateness pursuant to an application for a demolition permit, and to seek alternative economic uses for such landmark or property.

(7)

Review its denial of a certificate of appropriateness for demolition of such landmark or property annually, during a public hearing at which time the owner of the affected landmark or property shall be afforded an opportunity to appear with counsel and to present testimony .

(8)

Prohibit the issuance of building , exterior remodeling or demolition permits affecting any property under consideration for landmark designation without a certificate of appropriateness . this prohibition to remain in effect for the length of time required by the commission and the town council for final action on the proposed designation. The commission shall accomplish such prohibition by furnishing the building official a list of all property under consideration for landmark designation.

(Code 1982, § 16-42)

Sec. 54-164. - Landmark, landmark site and historic district designation and undesignation procedures. (a)

The following procedure shall be adhered to by the commission in designating any building , building site or district that is worthy of preservation : (1)

The commission shall consider for landmark designation any property proposed by the owner of record or by a member of the commission.

(2)

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Notice of a proposed designation shall be sent by certified mail to the owner of record of property proposed for designation as a landmark or landmark site and to each owner of record of property in a district proposed for designation as an historic district, describing the property proposed and announcing a public hearing by the commission to consider such a designation to be held not less than 30 days after the mailing of such notice. (3)

The commission shall also cause notice of each such proposed designation to be posted at least 30 days prior to the public hearing on the bulletin board in the lobby of the town hall , and in addition the commission shall cause such notice to be published in a newspaper having general circulation in the town .

(4)

The commission may reta in or solicit expert testimony regard ing the historic and architectural importance of the buildings and districts under consideration for designation .

(5)

The commission may present testimony or documentary evidence of its own to establish a record regarding the historic and architectural importance of the proposed landmark, landmark site or historic district.

(6)

The commission shall afford the owner of each affected property reasonable opportunity to present testimony or documentary evidence regarding the historic and architectural importance of such property.

(7)

The owner of each affected property shall be afforded a right of representation by counsel and reasonable opportunity to cross examine witnesses presented by the commission .

(8)

Any interested party may present testimony or documentary evidence regarding the designation of a proposed landmark, landmark site or historic district at the public hearing and may submit to the commission documentary evidence within three days after the hearing.

(9)

With in not more than 30 days after a public hearing , the commission shall render a final decision regard ing the proposed designation and give written notice of its decision to each owner of property affected by the designation, setting forth the reasons for the decision.

(10)

The commission shall maintain a record of testimony and documentary evidence submitted to it for consideration of the designation of a proposed or previously designated landmark, landmark site or historic district.

(11)

In accordance with section 54-163(1), the town council shall, within 90 days of the commission's final decision, hold a public hearing to consider ratification of the determination of the commission prior to the designation of a property as a landmark or landmark site or of a district as an historic district becoming effective. Absent ratification by the town council, the commission's determination shall be ineffective.

(12)

(b)

Within 30 days of the date on which the town council ratifies the commission 's designation of a landmark, landmark site or historic district, the commission shall cause to be filed in the office of the county recorder of deeds a certificate of notification that such property is designated a landmark or landmark site or is located within a district designated an historic district; and the certificate of notification shall be maintained on the public record until such time as such designation may be withdrawn by the commission and the town council. Designation and undesignation hearings before the commission shall be held only during the months of November, December, January, February, March and April.

(c) 108

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Muni code

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Designation of a landmark, landmark site or a historic district may be withdrawn by following the same procedure as listed above. (Code 1982, § 16-43)

Sec. 54-165. - Voluntary restrictive covenants. The owner of any landmark or landmark site may, at any time following the designation of his property, enter into a restrictive covenant on the property after negotiation with the commission . The commission may assist the owner in preparing such a covenant in the interest of preserving the landmark or the landmark site. The owner shall record such covenant in the office of the county recorder of deeds and shall notify the town clerk, building official and town council and may notify the office of the county property appraiser of such covenant and the conditions thereof. (Code 1982, § 16-48)

Secs. 54-166-54-195. - Reserved.

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TOWN OF PALM BEACH Town Council Meeting Development Review on: January 13, 2016 Section of Agenda Public Hearings Agenda Title RESOLUTION NO. 06-2016 A Resolution of The Town Council of The Town of Palm Beach, Palm Beach County, Florida, Providing For The Abandonment of The Existing Pedestrian Access Easement On The North Five Feet of Lot 3, And Dedicating A New Pedestrian Access Easement On The North Five Feet Of Lot 1, Replat of The Blossom Estate As Recorded In Plat Book 54, Pages 127 And 128, Palm Beach, Florida, At The Request of Blossom Way Holdings, LLC.

Presenter John S. Page, Director of Planning, Zoning and Building Supporting Documents Memorandum dated December 23, 2015 from John S. Page Resolution No. 06-2016 Letter dated November 12, 2015 from Maura Ziska

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TOWN OF PALM BEACH Information for Town Council Meeting on: January 13, 2016 To:

Mayor and Town Council

Via:

Thomas G. Bradford, Town Manager

From: John S. Page, Director of Planning, Zoning and Building Re:

Relocation of Beach Access Easement from the North Five (5) Feet of Lot 3 to the North Five (5) Feet of Lot 1, Replat of the Blossom Estate Subdivision Resolution No. 06-2016

Date: December 23, 2015

STAFF RECOMMENDATION Staff recommends that the Town Council consider Resolution No. 06-2016 (copy attached), relocating a pedestrian access easement to the Atlantic Ocean from the north five (5) feet of Lot 3, to the north five (5) feet of Lot 1, Replat of the Blossom Estate. If said easement is relocated, Staff recommends that the dedication language of the easement be modified to allow the State and Town to use the easement for beach monitoring (sand and turtle nesting). GENERAL INFORMATION On July 26, 1982, the Town accepted the Blossom Estate plat, which subdivided the subject property and also established a “Beach Access Way” to the Blossom Estates Homeowners Association over the north ten (10) feet of Lot 1 for its use and maintenance. August 22, 1986, the Town accepted the Replat of Blossom Estate which moved the beach access easement from the north ten (10) feet of Lot 1 to the north five (5) feet of Lot 3. There is a scriveners error on the replat. The dedication language on the face of the replat states that the pedestrian access to the Atlantic Ocean (“Beach Access Way”) is three (3) feet wide but the actual easement on Lot 3 identifies five (5) feet. Attached is a letter and documentation from Blossom Way Holdings, LLC, a Delaware limited liability company, property owner for Lots 1 through 4 of the Replat of the Blossom Estate, by and through its counsel, Maura Ziska, at Kochman & Ziska, PLC. The title holder is requesting that the Town abandon an existing easement and simultaneously dedicate a new beach access easement (in the same location as originally platted). The proposal would move the easement from the north five (5) foot of Lot 3 to the north five (5) feet of Lot 1. The applicant has received consent from all of the property owners in the subdivision and the Blossom Estates Homeowners Association to move the easement. It should be noted that the property owner at 60 Blossom Way, directly north of the proposed easement and directly affected by the move, is

86

not within the subdivision and consent was not provided nor required. The Town did provide notice in the Palm Beach Daily News and did provide certified and regular mail notice of the proposal to all of the property owners within the subdivision, as well as the property owner 60 Blossom Way. SPECIAL CONSIDERATIONS The Public Works Department has requested that if the pedestrian access to the Atlantic Ocean is moved to Lot 1, that the dedication language in the easement be modified to allow the State and Town access through that easement to monitor sand and sea turtle nesting. TOWN ATTORNEY REVIEW Resolution No. 06-2016 was approved by Town Attorney John C. Randolph for legal form and sufficiency.

cc:

John C. Randolph, Town Attorney Paul Brazil, Public Works Director Susan Owens, Town Clerk Veronica B. Close, Assistant Director, Planning Zoning & Building Paul W. Castro, Zoning Administrator Maura Ziska, Esquire pf zf

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RESOLUTION NO. 06-2016 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR THE ABANDONMENT OF THE EXSTING PEDESTRIAN ACCESS EASEMENT ON THE NORTH FIVE FEET OF LOT 3, AND DEDICATING A NEW PEDESTRIAN ACCESS EASEMENT ON THE NORTH FIVE FEET OF LOT 1, REPLAT OF THE BLOSSOM ESTATE AS RECORDED IN PLAT BOOK 54, PAGES 127 AND 128, PALM BEACH, FLORIDA, AT THE REQUEST OF BLOSSOM WAY HOLDINGS, LLC.

WHEREAS, the owner of the land and property hereinafter described has petitioned the Town of Palm Beach to abandon an easement for pedestrian access from Blossom Way to the Atlantic Ocean currently located over and across the land owned by Blossom Way Holdings LLC, and to relocate the easement onto land owned by Blossom Way Holdings LLC, all located in The Blossom Estate, as more fully hereinafter described; and WHEREAS, the owners of all lots in Replat of the Blossom Estate, as the members of Blossom Estate Homeowner’s Association, Inc., have agreed to the abandonment of the existing pedestrian beach access easement in exchange for the relocation and new dedication of an easement for pedestrian access from Blossom Way to the Atlantic Ocean within The Blossom Estate; and WHEREAS, the Town Council of the Town of Palm Beach does hereby find and determine that the necessity for an easement for pedestrian access to the Atlantic Ocean will be satisfied by the relocation of the beach access easement within The Blossom Estate. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, as follows:

Resolution No.06-2016

Page 1 of 3 88

Section1. That certain Easement for Pedestrian Access to Atlantic Ocean, shown on The Replat of The Blossom Estate, Palm Beach, Florida, being on the north five feet of Lot 3 and more particularly described as follows and identified on the attached survey: LEGAL DESCRIPTION: The easement for pedestrian access to Atlantic Ocean lying within Lot 3, of REPLAT OF THE BLOSSOM ESTATE, according to the Plat thereof, as recorded in Plat Book 54, Page(s) 127, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: BEGIN at the Northwest corner of said Lot 3, said point lying on a curve concave to the West having a radius of 40.00 feet, a central angle of 09°17’29” and a chord bearing of South 38°08’40” East; thence Southerly, along the arc of said curve, a distance of 6.49 feet; thence South 88°38’54” along a lien 5 feet South of and parallel with the North line of said Lot 3, a distance of 15.08 feet to a point; thence South 56°38’35” East a distance of 5.66 feet to a point; thence North 61°10’41” East a distance of 5.97 feet to a point; thence South 88°38’54” East, along said parallel line, a distance of 397 feet, more or less, to the East line of said Lot 3 and the mean high water line of the Atlantic Ocean; thence Northerly, along said East line, a distance of 5 feet, more or less, to the Northeast corner of said Lot 3; thence North88°38’54” West, along said North line, a distance of 426 feet, more or less, to said Northwest corner and the POINT OF BEGINNING. The North line of said Lot 3 is assumed to bear North 88°38’54” West and all other bearings are relative thereto. Be and the same is hereby vacated and abandoned. Section 2. In substitution for the easement herein abandoned, there is hereby dedicated to and accepted by the Town of Palm Beach a new Easement for Pedestrian Access to Atlantic Ocean, for the benefit of Blossom Estate Homeowner’s Association, the State of Florida and the Town of Palm Beach for sand and turtle monitoring, located on the north five feet of Lot 1 and more particularly described as follows and identified on the attached survey: LEGAL DESCRIPTION: The North five feet of Lot 1, REPLAT OF THE BLOSSOM ESTATE, according to the Plat thereof recorded in Plat Book 54, Page 127, of the public records of Palm Beach County, Florida, together with a strip of land lying within said Lot 1, six feet (6’ ) in width, the centerline of said strip being more particularly described as follows: COMMENCE at a point on the North line of said Lot 1 lying 27.7 feet East of the Northwest corner of said Lot 1; Thence South 01°21’ 06” West, perpendicular to said North line (the North line of said Lot 1 is assumed to bear South 88°38” 54” East and all other bearings are relative thereto), a distance of 5.00 feet to the POINT OF BEGINNING of the hereinafter described centerline; Thence South 01°21’ 06” West, a distance of 14.32 feet to a point; Thence radially South 76°42’ 55” West a distance of 18.76 feet to a point on the West line of said Lot 1 and the POINT OF TERMINUS. Resolution No.06-2016

Page 2 of 3 89

PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town of Palm Beach this ___ day of ______________ 2016.

________________________________ Gail L. Coniglio, Mayor

__________________________________________ Michael J. Pucillo, Town Council President

__________________________________________ Richard M. Kleid, Council President Pro Tem

__________________________________________ Danielle H. Moore, Town Council Member

ATTEST:

__________________________________________ Penelope D. Townsend, Town Council Member

________________________________ Susan A. Owens, MMC, Town Clerk

__________________________________________ Robert N. Wildrick, Town Council Member

Resolution No.06-2016

Page 3 of 3 90

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TOWN OF PALM BEACH Town Council Meeting Development Review on: January 13, 2016 Section of Agenda Development Review - Old Business Agenda Title Consideration of a Construction Management Agreement for Redevelopment of the Testa's site (Site Plan Review #13-2014 with Special Exceptions and Variances (Modified), 221 & 231 Royal Poinciana Way, 214 & 216 Sunset Avenue, all previously approved) [Attorney: Francis X. J. Lynch] Deferred from the June 10, 2015, July 15, 2015, August 11, 2015, October 14, 2015, and December 9, 2015 Town Council Meetings Request for Deferral to the February 10, 2016, Town Council Meeting Per Letter Dated December 23, 2015, from Francis X.J. Lynch Presenter John S. Page, Director of Planning, Zoning, and Building Supporting Documents Letter Dated December 23, 2015, from Francis X.J. Lynch

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TOWN OF PALM BEACH Town Council Meeting Development Review on: January 13, 2016 Section of Agenda Development Review - Old Business Agenda Title SPECIAL EXCEPTION #31-2015 WITH SITE PLAN REVIEW The application of The Breakers Palm Beach, Inc.; relative to property commonly known as 1 South County Rd., described as lengthy legal description on file; located in the PUD-A Zoning District. The Applicant is requesting a Special Exception approval with site plan review approval for the following projects at the Breakers: Front Lawn Service Buildings: construction of two pavilions on the front lawn west of the hotel and south of the main entrance. The north pavilion (446 sq. ft. of air conditioned space) will house restrooms, while the south pavilion (710 sq. ft. of air conditioned space) will be used for the staging of food service for guests who are attending weddings and similar events that occur on that lawn and may occur on a more regular basis in the future. There will be no intensification of use because The Breakers requested that indoor space be reserved as back-up when outdoor space in in use in case of inclement weather. Ponce Loading Dock Expansion: enclosure of additional space between the Ponce Ballroom addition and the South Tower of the hotel. This space will provide services for events on the Ocean Lawn. It will include new food service equipment and a unisex bathroom. This enclosure will add 1,261 sq. ft. of air conditioned space. An awning will also be constructed over part of the remaining open corridor. Mediterranean Courtyard Service Elevator: addition of service elevator in the southeastern corner of the Mediterranean Courtyard to facilitate direct access for food service for events in the Courtyard. Currently, staff must negotiate multiple levels to get tables, food, etc. in and out of this area. Emergency generator: approval of a 900 KW generator in the new engine room on the north side of the hotel in lieu of the 600 KW generator which was approved in September of 2015. An engineering re-evaluation resulted in a recommendation for a larger generator. [Attorney: James M. Crowley, Esq.] [Landmark Commission Recommendation: Deferred consideration of the variances related to the two proposed pavilions on the front lawn, west of 139

the hotel and south of the main entrance, to the November 18th meeting. Carried 7-0] Deferred from the December 9, 2015, Town Council Meeting Request for Withdrawal Per Letter Dated December 7, 2015, from James M. Crowley, Esq. Presenter John S. Page, Director of Planning, Zoning & Building Supporting Documents Letter Dated December 7, 2015, from James M. Crowley, Esq.

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TOWN OF PALM BEACH Town Council Meeting Development Review on: January 13, 2016 Section of Agenda Development Review - Old Business Agenda Title SITE PLAN REVIEW #8-2015 WITH VARIANCE The application of 201 Debra Lane, LLC (Juan M. Naveja Diebold, Manager); relative to property commonly known as 201 Debra Ln., described as lengthy legal description on file; located in the R-B Zoning Districts. The Applicant seeks Site Plan approval to construct a 3,814 square foot two story home on a platted lot that is 98.55 feet deep in lieu of the 100 foot minimum required and 91.61 foot wide in lieu of the 100 foot minimum required. A variance is requested to permit installation of a pool in the street side yard with a setback of 6.25 feet in lieu of the 15 foot minimum required. [Attorney: M. Timothy Hanlon] [Architectural Commission Recommendation: Deferred the project to the requested deferral to the January 27th meeting. Carried 7-0] Deferred from the December 9, 2015, Town Council Meeting Request for Deferral to the February 10, 2016, Town Council Meeting Per Letter Dated January 4, 2016 from M. Timothy Hanlon. Presenter John S. Page, Director of Planning, Zoning & Building Supporting Documents Letter Dated December 8, 2015, from Dragana Connaughton Letter Dated January 4, 2016, from M. Timothy Hanlon

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TOWN OF PALM BEACH Town Council Meeting Development Review on: January 13, 2016 Section of Agenda Development Review - New Business Agenda Title SPECIAL EXCEPTION #02-2016 WITH SITE PLAN REVIEW The application of Maura Ziska, Esq., Attorney in Fact; relative to property commonly known as 1021 No. Ocean Blvd., described as lengthy legal description on file; located in the R-A Zoning District. The Applicant is requesting a Special Exception with Site Plan Review approval to allow the construction of a new two-story residence consisting of a 8,202 sq. ft. non-habitable underground basement/garage, 14,061 sq. ft. first and second floor habitable space, and, 2,317 sq. ft. of outdoor covered areas for a total of 25,198 sq. ft. on a non-conforming lot which is 100 feet in width in lieu of the 125 foot minimum width required in the R-A Zoning District. The subject property is part of two platted lots. [Attorney: Maura Ziska, Esq.] Presenter John S. Page, Director of Planning, Zoning & Building Supporting Documents Letter Dated January 6, 2015, from James K. Green, P.A.

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TOWN OF PALM BEACH Town Council Meeting Development Review on: January 13, 2016 Section of Agenda Development Review - New Business Agenda Title VARIANCE #02-2016 The application of M. Timothy Hanlon, as Trustee of the 240 Banyan Land Trust; relative to property commonly known as 240 Banyan Rd., described as lengthy legal description on file; located in the R-A Zoning District. The Applicant is requesting a variance approval to allow the construction of a one-story Guest House containing approximately 875 sq. ft. with a front yard setback of 20 feet in lieu of the 35 feet minimum required. [Attorney: M. Timothy Hanlon, Esq.] Presenter John S. Page, Director of Planning, Zoning & Building Supporting Documents Letter Dated November 30, 2015, from Bob and Laura Reynolds Letter Dated December 1, 2015, drom Lynn and Jack McAtee Letter Dated December 2, 2015, from Roberta and Paul Kozloff Letter Dated December 2, 2015, from Patti and Richard Kurtz

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TOWN OF PALM BEACH Town Council Meeting Development Review on: January 13, 2016 Section of Agenda Ordinances - First Reading Agenda Title ORDINANCE NO. 31-2015 An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 134, Zoning; Article I, In General; Section 134-2, Definitions And Rules Of Construction, So As To Amend The Definitions Of Sign Institutional, Sign Menu And Sign Official Traffic; Further Amending Chapter 134, At Article XI, Signs, So As To Amend And Restate Article XI In Its Entirety As Set Forth In Exhibit “A” Attached Hereto; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date. Deferred from the December 9, 2015, Town Council Meeting Presenter John S Page, Director of Planning, Zoning and Building Supporting Documents Memorandum dated December 30, 2015 from Margaret L. Cooper Ordinance No. 31-2015

216

TOWN OF PALM BEACH Information for Local Planning Agency and Town Council Meeting on: January 13, 2016 To:

Mayor and Town Council

Via:

John Page, Director Planning Zoning and Building

From: Margaret L. Cooper, Town Attorney’s Office Re:

Proposed Changes to the Sign Regulations in Chapter 134, Zoning Ordinance No. 31-2015

Date: December 30, 2015 STAFF RECOMMENDATION Staff recommends that the Local Planning Agency (LPA) and the Town Council consider amending the Zoning Ordinance which regulates permanent and temporary signs in residential and commercial zoning districts. PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its October 20, 2015 meeting, considered Staff proposed changes regulating signs. After deliberating, the Commission unanimously recommended proposed Zoning Code modifications (which were more restrictive than Staff’s recommendation as it relates to the number of temporary signs allowed at any given time). GENERAL INFORMATION In 2015, the United States Supreme Court issued an opinion which substantially affects sign ordinances throughout the United States. This prompted us to review the Town’s sign ordinance. The Court’s opinion is complicated and provides little guidance on how to comply with the mandate. In short, the opinion stands for the proposition that codes and ordinances cannot be written or applied so as to treat commercial speech more favorably than non-commercial speech. The purpose of the attached amendment is to try to bring the Town’s Zoning Code regulations into compliance with the Supreme Court decision. First, the amendment differentiates between temporary and permanent signs. We added sections that allow temporary non-commercial messages to the same extent as temporary political signs, but limited the total number of temporary signs to four per property or store, with unlimited messages on both the back and front. The Planning Commission recommends two per property or storefront. See Sections 134-240 and 134-2447. The other major change is found in section 134-2372(2) which allows the substitution of any commercial message with a non-commercial message. We also attempted to bring clarity to certain sections of the Code and to make some minor adjustments that do not c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\8a70bcf0-e599-4207-99be-990eb1af5362\pdfconvert.17056.1.ord_31_memo.doc 217

involve a change in how we have operated. These just clarify some confusing sections. Lastly, we added a statement of findings and purpose. The Planning and Zoning Commission unanimously recommended the proposed modifications, except for the number of temporary signs. If you have any questions, please contact Paul Castro, Zoning Administrator, at 227-6406. TOWN ATTORNEY REVIEW Ordinance No. 31-2015 was approved by Town Attorneys John C. Randolph and Margaret L. Cooper for legal form and sufficiency. Attachments cc:

Veronica Close, Asst. Director Planning, Zoning and Building Paul Castro, Zoning Administrator zf

c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\8a70bcf0-e599-4207-99be-990eb1af5362\pdfconvert.17056.1.ord_31_memo.doc

2 218

ORDINANCE NO. 31-2015 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 134, ZONING; ARTICLE I, IN GENERAL; SECTION 134-2, DEFINITIONS AND RULES OF CONSTRUCTION, SO AS TO AMEND THE DEFINITIONS OF SIGN INSTITUTIONAL, SIGN MENU AND SIGN OFFICIAL TRAFFIC; FURTHER AMENDING CHAPTER 134, AT ARTICLE XI, SIGNS, SO AS TO AMEND AND RESTATE ARTICLE XI IN ITS ENTIRETY AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: The Code of Ordinances of the Town of Palm Beach is hereby amended at Section 1. Chapter 134, Zoning; Article I, in General; Section 134-2, Definitions and Rules of Construction, to amend the following definitions to read as follows:

Sec. 134-2. Definitions and Rules of Construction. Sign, institutional means a sign for building identification of schools, colleges, elu1rehes, saH:iteria museums, libraries, houses of worship, or other institutions of a similar public or semipublic nature. Sign, menu means a restaurant or take-out food establishment wall, or pedestal er wiaElew mounted sign which identifies the menu and prices within said establishment. Sign, official traffic means a sign placed or erected by a municipal, county, state,_Q[ federal governmental agency as a regulatory, aid-to-traffic or informational sign, in connection with control of vehicular or pedestrian traffic over a bridge, roadway, pathway or sidewalk. Section 2. The Code of Ordinances of the Town of Palm Beach is hereby amended Chapter 134, Zoning; Article Xl, Signs, so as to amend and restate said Article Xl in its entirety as set forth in Exhibit "A" attached hereto. Section 3. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 4. Repeal of Ordinances in Conflict. All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed.

Ordinance No. 31-2015

Page 1 of17

219

Section 5. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Section 6. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this _ _ day of , 2016, and for second and final reading on this _ _ day of , 2016.

Gail L. Coniglio, Mayor

Michael J. Pucillo, Town Council President

Richard M. Kleid, Council President Pro Tern

Danielle H. Moore, Town Council Member

ATTEST:

Penelope D. Townsend, Town Council Member

Susan A. Owens, MMC, Town Clerk

Robert N. Wildrick, Town Council Member

Ordinance No. 31-2015

Page 2 of17

220

EXHIBIT "A" TO ORDINANCE NO. 31-2015

CHAPTER 134 ZONING ARTICLE XI. - SIGNS DIVISION 1. - GENERALLY Sec. 134-2371. - Statement of findings and purpose. The Town Council has found that Palm Beach is internationally known and has become a worldwide synonym for beauty, gualitv and value and that a proliferation of signs without regulations as to size, location and material detracts from such beauty, can become a visual blight. Signs, particularly if placed in rights-of-way, can create distractions for drivers impacting the safety and welfare of pedestrians and drivers and further create an aesthetically unpleasant atmosphere. The Town Council has found that the Town's Code of Ordinances is reguired to regulate signs as provided by Section 163.3202(2)fD. Florida Statutes. The Town Council does not wish to censor speech but does wish to provide for the public welfare by regulating signage in the Town in a manner that enhances the aesthetics of the community, reduces visual pollution, provides clear information and minimizes distractions to drivers in the interest of traffic safety. The Town deems the following standards to be the least restrictive measures on free speech necessary to advance the Town's interest in aesthetic appeal and traffic safety. This ordinance serves a significant government interest, is unrelated to the suppression of free expression, and leaves open ample alternative channels of communication by adopting reasonable and appropriate time, place and manner regulations. Sec.

134-2371~.

- Compliancei FeqeiFed substitution, and severability.

(1) Compliance. Signs may be erected and maintained only as authorized and when in compliance with the provisions of this article and other applicable Town ordinances. All signs are subject to the Florida Building Code and Fire Prevention Code. Signs that are not specifically permitted by this division are prohibited.

(2) Substitution of noncommercial for commercial messages. Notwithstanding any provision in this division to the contrary, to the extent that any permitted sign could be construed as a sign containing commercial message, a noncommercial sign shall be permitted to the same extent. The noncommercial message may occupy the entire sign area, or any portion thereof. and may substitute for or be combined with any commercial message. The sign message may be changed as freguently as desired by the sign's owner. provided it is not a prohibited sign and continues to comply with the reguirements of this division.

Ordinance No. 31-2015

Page 3 of17

221

(3) Severability. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this division is declared or held invalid or unconstitutional by any court of competent jurisdiction, such declaration shall be deemed separate, distinct, and independent, and shall not affect the validity of any other part. section, subsection. sentence. phrase, clause term, or word. Severability shall be applied to the sign regulations in this division even if the result would be to allow less speech in the Town. whether by subjecting currently exempt signs to permitting or by some other means. The Town specifically intends that severability shall be applied so that any prohibited sign shall continue to be prohibited irrespective of whether another sign prohibition is declared invalid or unconstitutional. Sec. 134-2371,J. - General regulations and definitions applicable to permitted signs. Under this ehaptefarticle, the following shall apply to all permittee signs: (1) Signs ami/er letteri0g,ofall types addressed herein are defined in Section 134-2 of this code. All s.igm_ visible from a public or private roadway and/or sidewalk shall be classified as signs regardless of whether they are freestanding or attached or painted to or on or in the principal building they are accessory to. (2) "Commercial message" means any lettering, wording, reading matter, illustration, logo, logogram, symbol, emblem, insignia. trademark, symbol, poster, picture, character or other representation with or without letters or numerals that directly or indirectly names. advertises or calls attention to a business product or business service (whether for profit or not for profit) or other commercial activity. including fund raising for not for profit or charitable entities. (3) message.

''Non-commercial message" means any message that is not a commercial

Gl__In all cases, signs shall be constructed of durable materials, maintained in good condition, and not allowed to become dilapidated. (2~) No sign other than an official traffic sign erected by the Town. Palm Beach County. the State of Florida. the United States government and/or any agency thereof shall be erected within the right-of-way lines of any street or public way, nor shall any sign or banner be hung on, from, or beneath any canopy. awning or marquee.

(~) All signs, except nameplates and identification signs for single-family dwellings, as set ferth iR seetieR 134 2402 shall have the name of the manufacturer or producer in small but legible letters.

(47) Provided that such signs are otherwise in compliance with this article, A~ permit and review by the architectural review commission process or landmarks preservation comm1ss10n process (if applicable) shall not be required for the erection, alteration, or maintenance of the following types oftemoorarv er aermaAeRt signs:

Ordinance No. 31-2015

Page 4 of 17

222

{fil Ramefllates, and ideRtifieatioR, of sale or reRtal sigRs and street family dwelliRgs, fleffRitted iR an R distriet;

R~erals

for siRgle

(ae) identification of sale or rental signs for single family dwellings, two family dwellings and multi-family dwellings permitted in R or commercial districts; ~-er-fer

temporary political signs or other temporary noncommercial signs in R or commercial districts;

(ca)

development signs;

(de)

artisan signs;

(ef)

menu signs in commercial districts; or

(fg)

temporary display signs in commercial districts.

(~~) A permit and review by the architectural review comm1ss1on process for architectural and aesthetic review, or landmarks preservation commission rocess (if applicable), shall be required for the erection, alteration, reconstruction, painting or producing by artificial light of any other sign within the Town.

(6.2) No sign shall be permitted within any district for any purpose which is flashing or which has any animation or movement associated with it. ___(710) No sign, including numerals, lettering, illustrations, logos or characters, shall be painted or installed on any awning visible from public or private streets. QlL_In residential districts, no lettering, illustrations, logos or characters visible from public or private streets shall be painted on or attached to any structure except as otherwise provided in division 2 of this article.

(812) No banner signs of any kind, including but not limited to those produced on cloth, paper or fabric, shall be permitted. This section shall not prohibit the display of flags. Flags shall be defined as "a piece of fabric or other flexible material solely containing distinctive colors, patterns, standards, words or emblems that convey a non-commercial message or symbol of a non-commercial organization or entity including, but not limited to, political jurisdictions such as the United States of America." Portable, removable flags, as permitted herein, shall be limited to three per property and shall be no larger than the maximum dimensions permitted under st:1eseetioR e this section . Flags of a size larger than those which may be accommodated on a flagpole of a height which exceeds 40 percent above the building height limit of the zoning district in which it is located may be allowed on properties of five acres or greater in size pursuant to a special exception provided the location of the flag shall be on a flagpole set back at least 120 feet from any lot line and provided further that no flag or banner shall be in excess of 216 square feet.

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a. Fer p1:1rpeses ef this seetieR, "eeFRfflereial message" means aRY werdiftg, lege, !ry'mbel, emblem er ether represefttatieft with er withe1:1t letters that direetly er ifldireetly RaFRes, ad'iertises er sails attefttieR tea b1:1siRess, pred1:1et, sep,·iee er ether eemmereial aeti'>·ity. b. Fer the pl:!Ffleses ef this seetieR, "fteft eemmereial message" meafts aRy message that is Ret a eeFRfflereial message. &.---The maximum dimensions of any flag permitted under this section shall be proportional to the flagpole height according to the following limitations: I

'!Pole Height (ft.)

ilJp to 25 ft. j25 to 30 ft. 30 to 35 ft. 35 to 40 ft. 40 to 50 ft. ,50 to 60 ft. 1 70 ft.

!Maximum Flag Size (sq. ft.) ~4

sq. ft.

140 sq. ft. 148 sq. ft. ~o

sq. ft. sq. ft. 150 sq. ft. ~16 sq. ft. ~6

For flag sizes or flagpole heights not found in the foregoing chart, the hoist side of the flag shall not exceed 20 percent of the vertical height of the flagpole. Further, flag dimensions as specified in this section shall not exceed a ratio in height to width of two to one or one to two. (913) Strip lighting of any nature, including neon tubing, fluorescent lights, or other similar strip lighting devices, shall not be used to outline any building, fence, wall or any other structure. In addition, strobe or flash lighting and/or neon lighting which draws attention to a tenant space, building or structure is not permitted. Any lighted or illuminated sign shall not be permitted or erected until such illuminated sign has been approved as a special exception use in conformity with sections 14-227 through section 134-233, except that this shall not apply to lowlevel illuminated sign, less than 30 inches in height, indicating only the street number and location of entrance and exist drives of a parking area. (.Wl4) No sign shall be permitted on any premises, improved or unimproved, except as relating to that property and as permitted by division 2 or 3 of this article or as otherwise allowed in this code. (l-1-U) Supporting structures for any sign shall not be included in determining the square foot area of the sign, provided that such supporting structure shall not exceed the maximum allowable sign area and shall not carry any lettering.

DIVISION 2. - RESIDENTIAL DISTRICTS

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Sec. 134-2401. - Scope of division. The following types of nonadvertising or noncommercial signs of a stationary and permanent or temporary nature in this division are permitted in all residential districts. Sec. 134-2402. - Nameplates and identification signs. (il___Uaaer this aiYisiea, s~igns indicating the name or address of the occupant or designating an access drive to the property may be permitted in conjunction with a single-family dwelling, provided that they shall not be larger than one square foot in area. Only two such signs per lot or main building shall be permitted.

(2) For multifamily dwellings and buildings other than single-family dwellings, an entrance and/or exit sign as an aid to traffic designating access drives between the private property and the public street may be permitted, provided that each sign shall be located on privately owned property and each sign shall be no larger than one square foot in area and not extending over 30 inches in height above the yard ground level. Additionally, for multifamily dwellings and buildings other than single-family dwellings, a single yard identification sign not exceeding six square feet in area or exceeding six feet in height above the lot grade or closer than ten feet to the front or street side lot line and indicating only the name and address of the building and the name of the management may be displayed in the yard area, provided that on a comer or through lot two such signs (one facing each street) shall be permitted. In addition to the permitted yard signs, one sign for each street frontage may be installed flat against the main wall of the building, each such sign not exceeding 20 square feet in area. Aeere¥al mt1st be ebtaiaed frem the arehiteerural review eemmissiea aad laadmarks ereservatiea eemmissiea (if aeel ieablet Sec. 134-2403. - Sale or r ental signs in R-AA, R-A and R-B districts. Signs pertaining to the sale, lease or rental of property or buildings shall be permitted in single-family dwelling R-AA, R-A and R-B residential districts, subject to the following conditions and restrictions: (1) The sign shall read either "open," "for rent," or "for sale," and may include the name of the persons affecting the sale or rental and the telephone number of the owner or agent relative to the premises upon which the sign is located. (2)

The face surface of such sign shall not be larger than 40 square inches.

(3) The supporting member shall be installed into the ground to provide that the top of the face of such sign shall not be more than four feet above the finished grade of the ground. (4) All such signs shall be lettered professionally, but such signs shall not be required to be submitted to the Town's architectural commission for approval and no permit shall be required for the installation or erection of such signs. Color of the signs shall be a white background with black, block letters thereon. Ordinance No. 31 -2015

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(5) Only one such sign shall be permitted on any one premises. Where the property abuts a waterway or golf course, no signs may be placed or erected to be visible from such waterway or golf course. (6) Such sign shall not be erected or placed closer than five feet to the front property line, and such sign may be placed parallel or perpendicular to the front property line. Signs must be placed only upon the property being offered for sale or lease. (7) Nothing contained in this section shall be construed as prohibiting the same wording from being on both the front and back of the sign. (8) Where such sign is suspended from an arm of the support, such arm shall not exceed a length of 16 inches. (9)

All such signs shall be erected on a temporary basis.

(10) Such signs shall be kept in good repair and shall not be illuminated or constructed of a reflective material and shall not contain any flags, streamers, moveable items or like devices. (11) Any such sign shall be removed within five days from the date a binding agreement is entered into for the sale, lease or rental of the property or immediately upon the removal of the property from the market, whichever occurs first. (12) Any Town enforcement officer may cause to be removed any such sign not conforming with this section.

Sec. 134-2404. - Sale or rental signs in R-C, R-D(l), R-D(2) and PUD districts. In the R-C, R-D(l), R-D(2) and PUD zoning districts, signs advertising the sale or rental of the premises upon which they are erected by the owner or broker or any other person interested in the sale or rental of such premises, and signs bearing the word "sold" or "rented" with the name of the persons affecting the sale or rental may be erected or maintained, provided:

( 1)

The size of any such sign is not in excess of two square feet;

(2) Not more than one sign is placed upon any property unless such property fronts upon more than one street, in which event two signs may be erected, one on each frontage; and (3)

Such sign shall be removed within one week after the premises have been sold or

rented.

Sec. 134-2405. - Institutional signs. Ordinance No. 31-2015

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Institutional S~igns etidentifying schools, colleges, elu1rehes, saHateria,houses of worship, libraries, museums or other institutions of a similar public or semipublic nature may be erected and maintained, provided: (1)

The size of any such sign is not in excess of six square feet; and

- - -(2) Not more than one such sign is placed on a property unless such property fronts upon more than one street, in which event two such signs may be erected, one on each frontage. (3) Appreval ffil:ISt ee eetaiHee frem the arehiteetl:ll'al re•,'iew 60ffiffiissieA aHe lai:it:lfAarks preseP>'atieH eemmissieH (if applieaele).

Sec. 134-2406. - Development signs in R-AA, R-A and R-B districts.

In R-AA, R-A and R-B zoning districts, signs advertising the sale or development of the premises upon which they are erected, when erected in connection with the development of single-family dwelling premises by a builder, contractor, developer or other persons interested in such sale or development, may be erected and maintained, provided: (1) No sign shall be erected until a building permit for construction on the site has been issued by the Town. The sign shall indicate only the name and telephone number of the builder, contractor or developer.

(2) The size of any sign is not in excess of 40 square inches. Color of the sign shall be a white background with black, block letters thereon. (3) No more than one sign is placed upon any property unless such property fronts upon more than one street, in which event one such sign may be erected on each frontage. (4) Any such sign shall be removed by the developer, builder or contractor within three days of the completion or abandonment of the project. (5)

No sign shall be placed closer than five feet to the front or street side lot line.

(6) The supporting member shall be installed into the ground to provide that the top of the face of such sign shall not be more than four feet above the finished grade of the ground. (7) All such signs shall be lettered professionally, but such signs shall not be required to be submitted to the Town's architectural commission for approval, and no permit shall be required for the installation or erection of such signs. (8) Where the property abuts a waterway or golf course, no signs may be placed or erected to be visible from such waterway or golf course.

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(9) Such sign may be so erected or placed that its center is parallel or perpendicular to the front property line. (10) Nothing contained in this section shall be construed as prohibiting the same wording from being on both the front and back of sign. (11) Where such sign is suspended from an arm of the support, such arm shall not exceed a length of 16 inches. (12)

All such signs shall be erected on a temporary basis.

(13) Such sign shall be kept in good repair and shall not be illuminated or constructed of a reflective material and shall not contain any flags, streamers, moveable items or like devices. (14) Any Town enforcement officer may cause to be removed any such sign not conforming with this section.

Sec. 134-2407. - Development signs in R-C, R-D(l ), R-D(2) and PUD districts. In R-C, R-D(l), R-D(2) and PUD zoning districts, signs advertising the sale or development of the premises upon which they are erected, when erected in connection with the development of the premises by a builder, contractor, developer, or other persons interested in such sale or development, may be erected and maintained, provided:

(1) No sign shall be erected until a building permit for construction on the sign has been issued by the Town.

(2)

The size of any sign is not in excess of 20 square feet.

(3) No more than one sign is placed upon any property unless such property fronts upon more than one street, in which event one such sign may be erected on each frontage. (4) Any such sign shall be removed by the developer within 15 days of the completion or abandonment of the project. (5)

No sign shall be placed closer than ten feet to the front or street side lot line.

Sec. 134-2408. -Artisan 's signs Signs of mechanics, painters, and other artisans may be erected and maintained during the period such persons are performing work on the premises on which such signs are erected, provided: (1)

Only one sign for each artisan is displayed.

(2)

The size thereof is not in excess of six square feet.

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(3)

No sign shall be closer than ten feet to the front or street side lot line.

(4)

Such signs are removed within one week after completion or abandonment of the

(5)

Artisans' signs shall not be permitted in R-AA, R-A and R-B districts.

work.

Sec. 134-2409. - Temporary political signs peFtaieieg te speeifie eleetiees and temporary noncommercial signs. Temporary Ppolitical signs pertaining to specific elections urging the election or opposition of any candidate seeking any political office or urging the passage or defeat of any ballot measure and other temporary noncommercial signs endorsing. objecting or otherwise relating to a particular issue or communicating a noncommercial message or idea are permitted subject to the following restrictions: (1) Maximum size: No sign shall exceed a maximum of four square feet in area and shall be limited to two sides only. There shall be no triangular or multi-sided signs allowed.

_ _(2)

Maximum number:

(a) For political signs. Nnot more than one sign per candidate or ballot measure shall be placed upon any property. (b) For other temporary noncommercial signs. not more than one sign per issue, idea or message shall be placed upon any property. (c) Altogether there shall be no more than two temporary two sided signs on any one property. However, more than one message may be placed on any one side of a sign. (3) Location: Only on lots where the property owner has given permission. The placing of temporary politieal signs anywhere on public property is prohibited. Temporary politieal signs located on public property shall be deemed to be public property and shall be summarily removed by the Town. (4) Minimum setbacks: From lot line of another: Ten feet. From the front property line or from a street: Five feet. (5) _ _(6)

Maximum height: Four feet, including supports for the sign. Time limit:

(a) Political 8~igns permitted pursuant to this section shall not be placed prior to 30 days of the election to which they are related and shall be removed within 48 hours after the day of the final election to which they apply. In the case where there is a primary election, signs shall be Ordinance No. 31-2015

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allowed 30 days prior to the primary election. This time limit also applies to candidates who do not have an opponent in the primary. Signs may continue to be displayed between the primary election and the final election. (b) Other temporary noncommercial signs permitted pursuant to this section shall be allowed only during the times when temporary political signs are allowed. (7) Illegally placed: Temporary politieal signs shall be removed by the owner or individual responsible for the illegal placement. In the event of failure to do so, the signs may be removed by the Town.

DIVISION 3. - COMMERCIAL DISTRICTS Sec. 134-2435. Scope of division.

The following types of signs of a stationary and permanent or temporary nature are permitted in commercial districtsL _______________ ____ _______________________ _ - -{ Formatted: Font: Sec.

134-243~.

Not Bold

- Signs in vias and the entrances to vias.

For the purpose of article XI, division 3 of Chapter 134, via frontage of a business is considered street frontage for regulating the size and number of business identification signs. Building identification signs are not allowed in vias. 0He eusifless aif:eetory SigH faeiflg eaeh aireetiOfl of an efltfaflee to a via is pefffiittea. Saia eusifless aireetory sigs: shall flOt ~teeea a maximWH of silt square feet ifl area. lfl aaaitiofl, eaeh eusifless withifl a BUSifleSS aireetory SigH shall ee allowed Ofli)' Ofle iaeHtifieatiOR iifle Ofl the aireetory SigH with flO logo. The letteriflg Ofl the BUSifleSS aif:eetory SigH shall flOt eJt6eea a height Of Ofle ana Ofle