As frustration builds, Palm Beach council moves to create steering group for code reform

The Palm Beach Town Council will look at creating a steering committee to oversee the town’s zoning code reform after Planning Director Wayne Bergman expressed his frustration over the lack of direction given to staff and Sean Suder of ZoneCo., the consultant leading the reform process.

"We've tried to keep Suder moving in the right direction, but there was no overall steering committee giving the code reform process direction, and I think that was a mistake, I think it is a mistake," Bergman told the council members at their May 15 Development Review meeting. “The one thing we never had, and this has frustrated me to no end and I'm going to say it publicly ... and I’m saying this respectfully, a steering committee."

He said it caused issues whenever Suder sought direction, as Suder had to balance recommendations from staff, council, and the Planning and Zoning Commission with the same level of priority.

The discussion began with a controversial proposition as Council Member Julie Araskog called for the council to drop ZoneCo. Araskog said she was driven to place the discussion on the agenda following the Planning and Zoning Commission’s decision to pause their review of the new zoning code until the draft is finished in early fall.

That decision came after a number of meetings where commissioners criticized multiple draft proposals for low-density residential districts presented by Suder. This portion of the code had already undergone multiple reviews by town staff and the Planning and Zoning Commission.

“I don’t know how we proceed and have them write a code, when we actually haven’t liked anything that has come forward,” Araskog said during the May 15 meeting. “So, how do you send them off to write the whole code as a draft, when we haven’t agreed with any of the drafts coming forward.”

Especially, she noted, when the town has paid ZoneCo. $514,601 for the work already completed.

Since the beginning of the process, she held reservations towards hiring an out-of-state consultant, she said, contending that as an Ohio-based consultant, ZoneCo. is not familiar with Palm Beach's unique character.

“Our staff could’ve done what had been done thus far,” Araskog said. “And our staff, in my opinion, probably would have done a better job, because they know this town.”

Mayor Danielle Moore disagreed, noting that town staff were already overworked, and did not have the time to draft a new zoning code. Also, she said, they had proposed zoning code changes in the past that were rejected by the council.

James Murphy, assistant director of the Planning, Zoning and Building Department, defended the decision to hire ZoneCo. "As a member of the selection committee, ZoneCo. ... was head and shoulders above the other candidates, which included local firms," Murphy said.

Council Member Ted Cooney said that while some may be upset with the code reform's current status, upending the process could put the council at odds with the vast majority of the residents, who support reforming the town's decades-old zoning code.

Council Member Bridget Moran concurred, and said she is confident that the town staff and residents will come forward to help address any shortcomings when the completed draft is presented in early fall.

Planning and Zoning Commission lacks the expertise, says alternate commissioner

Town planner Jennifer Hofmeister-Drew said that some of the issues faced in the process likely stemmed from section-by-section approach the Planning and Zoning Commission took when reviewing the draft zoning code.

She compared it to the comprehensive plan, which was reviewed as a completed draft.

Additionally, Hofmeister-Drew said, ZoneCo. had already completed a significant amount of work, including drafts for the town's South End and tackling a plethora of codes not tied to any zoning district.

Council Member Lew Crampton asked Hofmeister-Drew to send the council and the Planning and Zoning Commission updates on what ZoneCo. has already completed. He asked for "some summaries, something that bring everyone up to date, not just council, but the Planning and Zoning (Commission)."

While staff acknowledged that the zoning code reform had been a bumpy process, Bergman said it was partially fueled by lack of direction given by town officials to the code reform process. Bergman did note that the Planning and Zoning Commission had taken up a de-facto leadership role during recent meetings.

However, Alternate Commissioner Dragana Connaughton, who made an appearance during the May 15 meeting, told the council that a steering committee filled with experts including architects, land-use attorney, and urban planners should be the body leading the process.

"We are not experts, we have the right intentions, but we are not experts," Connaughton said, adding, "I would like their opinions, and that is who should be directing."

All council members supported the creation of a steering committee and scheduled a discussion over the details for their June meeting.

"It'll need to have some sort of agility or ability ... to provide feedback to keep this process moving," Cooney said. "We need to be mindful not to add an additional layer of bureaucracy that thickens the muck."

Diego Diaz Lasa is a journalist at the Palm Beach Daily News, part of the USA TODAY Florida Network. You can reach him at dlasa@pbdailynews.com.

This article originally appeared on Palm Beach Daily News: Palm Beach council moves to create steering group for code reform