Planning & Zoning Commission

TOWN OF PALM BEACH

Town Clerk's Office PLANNING AND ZONINGCOMMISSION

MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON THURSDAY, MARCH 6, 2025

I. CALLTO ORDERAND ROLLCALL

| Gail Coniglio, Chair | PRESENT | | --- | --- | | Eric Christu, Vice Chair | PRESENT | | Marilyn N. Beuttenmuller | EXCUSED | | William J. Gilbane | PRESENT | | Jorge Sanchez | ABSENT | | Michael Vincent John Spaziani | EXCUSED | | John J. Tatooles | PRESENT | | Nicki McDonald Alternate | PRESENT | | Victoria Donaldson Alternate | PRESENT | | Matthew Ailey Alternate | PRESENT |

Clerk's Note: Three (3) regular members are absent, therefore all alternate members would be voting for today's meeting.

II. INVOCATION AND PLEDGE OF ALLEGIANCE

Wayne Bergman, Director of Planning, Zoning and Building, requested that the Commission hear the Breakers Hotel's item before the New Business item. The request was granted.

Motion was made by Mr. Tatooles and seconded by Ms. McDonald to approve the Agenda, as amended. On roll call the Motion passed unanimously, 7-0.

IV. APPROVAL OF THE MINUTES

A. Minutes of the February 4,2025, Planning & Zoning Commission Meeting

Motion was made by Mr. Christu and seconded by Ms. McDonald to approve the February 4,2025 Planning and Zoning Commission Meeting Minutes. On roll call the Motion passed unanimously,7-0.

V. COMMENTS FROM THE PLANNING AND ZONING COMMISSIONERS

Chair Coniglio stated that she would establish some parameters when the Breakers item was presented.

VI. COMMENTS FROM THE PLANNING, ZONING AND BUILDING DIRECTOR AND STAFF

Mr. Bergman stated that staff may have comments during some of the presentations but none at this time.

VII. COMMUNICATIONS FROM CITIZENS-3MINUTELIMIT PLEASE

Chair Coniglio introduced Peter Henn, AICP, Senior Counsel at Jones Foster Law Firm. He stated he had been a land use Attorney for 35 years after starting with Greenberg and Traurig, which at the time was the largest law firm in Florida. He gave a brief description of his professional history and explained his understanding of what Palm Beach wants for its future.

Lynn Foster, 315 South Lake Drive, spoke about the various building and landscaping projects. She implored the Commission to focus more on needs and less on wants when reviewing and evaluating projects.

Clerk's Note: All speakers were sworn in at this time.

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VIII. NEWBUSINESS

A. Review of Permitted and Special Exception Uses in the Commercial Zoning District

Jennifer Hofmeister-Drew gave a presentation regarding the special exception uses in the Commercial Zoning Districts. She explained that staff had decided to look at permitted and special exception uses in all five commercial districts. She discussed staff's evaluation of the commercial zoning districts. She stated that all of the permitted and special exception uses were set forth in the presentation.

Ms. McDonald thought two things were limiting, one where the special exception uses spell out the uses, she thought it should just refer to private clubs. Ms. Hofmeister-Drew agreed. Ms. McDonald said taking academic out of the line item that states public or private academic schools. She felt that would allow more leeway for the town.

Mr. Tatooles thought the school use should be moved to a special exception in every district rather than allowing schools by right. He was not sure what the original intent was and Ms. Hofmeister-Drew responded.

Mr. Gilbane commented that one of the things about schools and the intent of the zoning code when it was put in for commercial town serving was to make sure there were schools in town to ensure community and make sure the needs of the community were served. He thought that a determination needed to be made with regard to whether there were enough schools to serve the townspeople. He said that as a built-out community, the PZC should think about whether there is enough to serve the built-out community. Ms. McDonald did not see any downside to schools just being allowed under a special exception.

Mr. Gilbane noted that with a special exception, the burden remains on the town. Ms. Hofmeister-Drew said there are criteria that need to be addressed. Attorney O'Connor said there is an easier burden for the applicant than when requesting a variance. The applicant has to show that there are no detrimental impacts to the neighbors.

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Chair Coniglio asked about residences above the first floor which is a fairly nonconsequential impact on the community. She said her biggest concern was that the PZC had very clearly defined what is town-serving for all of the special exception uses. She said with the burden being on the town, the town needs enough foundation with which to determine if the criteria for a special exception use are meet. Chair Coniglio was also concerned about changes of use. Ms. Hofmeister-Drew noted that in Palm Beach, special exception uses do not run with the land, they run with the business. Chair Coniglio was concerned that the commercial districts had become a larger draw. Mr. Spaziani was concerned about being stuck in a situation where the use has outlived its successful life. The idea was raised that the focus should be on limiting the permitted uses in each area so that there isn't a conversion of a business that is intensification.

After discussion, the PZC requested that staff present the various uses in a table format, showing permitted and special exception uses for all of the commercial districts. It was also suggested that "town serving" criteria be defined, with potential percentage adjustments for various types of uses.

Some categories that were discussed for consideration included limiting the number of permitted uses in each district, consideration to remove certain uses such as storage facilities and drive-through businesses, reviewing the requirements for schools and religious institutions, addressing the issue of private clubs and membership programs, and considering the size and intensity of uses when determining town-serving criteria.

The consensus of the PZC was to revisit this at their next meeting with updated informati staff.

topic for additional discussion in to be provided by the town

A. A Resolution of The Town Council of The Town of Palm Beach, Palm Beach County, Florida, Amending Resolution No. 6-71, The Breakers Planned Unit Development (PUD-A), To Authorize the following:

Clerk's Note: Mr. Ailey left the meeting at 12:57 PM.

IX. OLD BUSINESS

Clerk's Note: This item was heard out of order before the New Business item.

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2. Construction of new parking structure with one level of subterranean parking, and surface parking, additional improvement to support buildings, the golf course, and landscape/hardscape.