08-13-2020 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
AUGUST 13, 2020
Present: Susan Bickel., Mayor
Mark Mullinix, Vice Mayor
David B. Norris, President Pro Tem
Darryl C. Aubrey, Sc.D., Councilmember
Deborah Searcy, Councilmember
Andrew D. Lukasik, Village Manager
Len Rubin, Village Attorney
Jessica Green, Village Clerk
ROLL CALL
Mayor Bickel called the meeting to order at 7:30 p.m. All members of Council were present. All
members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Mullinix gave the invocation and Mayor Bickel led the public in the Pledge.
APPROVAL OF MINUTES
The Minutes of the Regular Sessions held July 9, 2020 and July 23, 2020 were approved as written.
There was no ex -parte communication by Council for the following item:
ORDINANCE 2020-03 — CODE AMENDMENT — PROSPERITY HARBOR NORTH PLANNED
UNIT DEVELOPMENT
A motion was made by Vice Mayor Mullinix and seconded by Councilmember Aubrey to adopt
and enact on second reading Ordinance 2020-03 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING THE PROSPERITY HARBOR NORTH PLANNED UNIT
DEVELOPMENT BY AMENDING ORDINANCE NO. 01 -2000 TO MODIFY THE
REGULATIONS APPLICABLE TO DOCKS AND PIERS ON THE INTRACOASTAL LOTS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Community Development Director Jeremy Hubsch stated that there would be no presentation since
Council unanimously passed the ordinance on first reading at the previous Council meeting.
Mayor Bickel opened the public hearing. There being no comments from the public, Mayor Bickel
closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2020-03 on second reading passed unanimously.
Minutes of Village Council Meeting held August 13, 2020
Page 2 of 6
ORDINANCE 2020-04 — CODE AMENDMENT — CIVIL RIGHTS
A motion was made by Councilmember Aubrey and seconded by Councilmember Searcy to adopt
and enact on second reading Ordinance 2020-04 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING CHAPTER 1, "GENERAL PROVISIONS," OF THE
VILLAGE CODE OF ORDINANCES BY ADOPTING A NEW SECTION 1-11, "CIVIL
RIGHTS;" PROVIDING FOR A STATEMENT OF PURPOSE AND THE ADOPTION OF THE
NORTH PALM BEACH CIVIL RIGHTS ACT; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mr. Rubin stated that there would be no presentation since Council unanimously passed the
ordinance on first reading at the previous Council meeting.
Mayor Bickel opened the public hearing. There being no comments from the public, Mayor Bickel
closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2020-04 on second reading passed unanimously.
ORDINANCE 2020-05 — CODE AMENDMENT — COMPREHENSIVE PLAN
A motion was made by Vice Mayor Mullinix and seconded by Councilmember Searcy to adopt on
first reading Ordinance 2020-05 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING THE VILLAGE OF NORTH PALM BEACH
COMPREHENSIVE PLAN TO IMPLEMENT THE CITIZEN'S MASTER PLAN AND
ADDRESS THE VILLAGE'S COMMERCIAL CORRIDORS; AMENDING THE FUTURE
LAND USE ELEMENT, THE TRANSPORTATION ELEMENT AND THE CAPITAL
IMPROVEMENTS ELEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE 2020-06 — CODE AMENDMENT — COMMERCIAL LAND DEVELOPMENT
REGULATIONS
A motion was made by President Pro Tem Norris and seconded by Councilmember Aubrey to
adopt on first reading Ordinance 2020-06 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING THE VILLAGE'S LAND DEVELOPMENT
REGULATIONS; AMENDING CHAPTER 6, "BUILDINGS AND BUILDING
REGULATIONS," TO ALLOW ENCROACHMENTS IN EASEMENTS UNDER SPECIFIED
CIRCUMSTANCES, MODIFY THE PROCEDURES APPLICABLE TO APPEARANCE
REVIEW AND ADOPT A SITE PLAN AND APPEARANCE REVIEW PROCEDURE;
AMENDING CHAPTER 17, "LICENSES AND BUSINESS REGULATIONS," TO ALLOW
HOME OCCUPATIONS WITHIN SPECIFIED COMMERCIAL DISTRICTS; AMENDING
CHAPTER 19, "OFFENSES AND MISCELLANEOUS PROVISIONS," TO REFERENCE
MIXED USE ZONING WITHIN THE NOISE REGULATIONS; AMENDING CHAPTER 21,
"PLANNING AND DEVELOPMENT," TO PROVIDE PUBLIC NOTICE FOR WAIVERS
AND MODIFY PROCEDURAL REQUIREMENTS; AMENDING CHAPTER 27, "TREES
Minutes of Village Council Meeting held August 13, 2020 Page 3 of 6
ORDINANCE 2020-06 – CODE AMENDMENT – COMMERCIAL LAND DEVELOPMENT
REGULATIONS continued
AND SHRUBBERY," TO DELETE ARTICLE III, "LANDSCAPING;" AMENDING
APPENDIX A, "APPEARANCE PLAN," TO RECOGNIZE CHANGES TO DISTRICT
REGULATIONS, ENCOURAGE SPECIFIC ARCHITECTURAL STYLES AND MODIFY
THE CRITERIA; AMENDING APPENDIX B (CHAPTER 36), "SUBDIVISIONS," TO
REMOVE CONFLICTS WITH NEW ZONING REGULATIONS; AMENDING APPENDIX C
(CHAPTER 45), "ZONING," BY: AMENDING ARTICLE I, "IN GENERAL," TO MODIFY
THE DEFINITIONS AND CONFLICT PROVISIONS; AMENDING ARTICLE II,
"GENERALLY," TO IDENTIFY CHANGES TO THE NAMES OF CERTAIN ZONING
DISTRICTS AND THE ELIMINATION OF OTHERS AND MODIFY THE SIMILAR USE
AND SPECIAL EXCEPTION PROCEDURES; AMENDING ARTICLE III, "DISTRICT
REGULATIONS," BY AMENDING SECTION 45-31 TO CHANGE THE NAME OF THE C -A
COMMERCIAL DISTRICT TO THE C -MU US -1 MIXED USE DISTRICT, MODIFY THE
REGULATIONS INCLUDING PERMITTED AND SPECIAL EXCEPTION USES AND
APPLY SUCH REGULATIONS TO ALL PROPERTIES CURRENTLY ZONED C -A;
DELETING SECTION 45-31.1 TO ELIMINATE THE C -B COMMERCIAL DISTRICT;
DELETING SECTION 45-2 TO ELIMINATE THE C -1A LIMITED COMMERCIAL
DISTRICT; AMENDING SECTION 45-32.1 TO CHANGE THE NAME OF THE C -C
TRANSITIONAL COMMERCIAL DISTRICT TO THE C -T TRANSITIONAL COMMERCIAL
DISTRICT, MODIFY THE REGULATIONS INCLUDING PERMITTED USES AND APPLY
SUCH REGULATIONS TO ALL PROPERTIES CURRENTLY ZONED C -C; AMENDING
SECTION 45-33 TO CHANGE THE NAME OF THE C-1 NEIGHBORHOOD COMMERCIAL
DISTRICT TO THE C -S SHOPPING DISTRICT, MODIFY THE REGULATIONS
INCLUDING PERMITTED AND SPECIAL EXCEPTION USES, AND APPLY SUCH
REGULATIONS TO ALL PROPERTIES CURRENTLY ZONED C-1; AMENDING SECTION 45-34
TO CHANGE THE NAME OF THE COMMERCIAL DISTRICT TO THE C -G GENERAL
COMMERCIAL DISTRICT, MODIFY THE REGULATIONS AND APPLY SUCH
REGULATIONS TO ALL PROPERTIES CURRENTLY ZONED COMMERCIAL;
AMENDING SECTION 45-35.1 TO MODIFY THE REGULATIONS APPLICABLE TO
PLANNED UNIT DEVELOPMENTS; AMENDING SECTION 45-35.2 TO RENAME THE C -OS
CONSERVATION AND OPEN SPACE DISTRICT TO THE OS CONSERVATION AND
OPEN SPACE DISTRICT; AMENDING SECTION 45-35.3 TO ELIMINATE THE
NORTHLAKE BOULEVARD OVERLAY ZONING DISTRICT AND CREATE A NEW C -NB
NORTHLAKE BOULEVARD COMMERCIAL DISTRICT AND MODIFY THE
REGULATIONS INCLUDING PERMITTED AND SPECIAL EXCEPTION USES;
AMENDING SECTION 45-36 TO REVISE THE OFF-STREET PARKING REGULATIONS,
THE HEIGHT REGULATIONS AND THE OUTDOOR SEATING REGULATIONS;
AMENDING SECTION 45-38 TO MODIFY THE I-1 LIGHT INDUSTRIAL ZONING
REGULATIONS RELATING TO OUTDOOR RUNS AND DOG EXERCISE AREAS;
RENAMING ARTICLE VI, "AMENDMENTS—FEES; WAITING PERIODS," TO
"REZONINGS; VARIANCES; WAIVERS," AND MODIFYING THE REGULATIONS
APPLICABLE TO REZONINGS AND VARIANCES AND ADOPTING NEW REGULATIONS
FOR WAIVERS WITHIN THE C -MU AND C -NB ZONING DISTRICTS; AMENDING
ARTICLE VII, "NON -CONFORMING USES OF LAND AND STRUCTURES," TO ALLOW
THE EXTENSION AND ENLARGEMENT OF NON -CONFORMING USES AND
STRUCTURES UNDER SPECIFIED CIRCUMSTANCES; AND ADOPTING A NEW
ARTICLE VIII, "LANDSCAPING," TO MODIFY AND UPDATE THE CURRENT
LANDSCAPING REQUIREMENTS FOR MULTI -FAMILY, MIXED USE, COMMERCIAL
AND INDUSTRIAL DEVELOPMENTS; UPDATING CROSS-REFERENCES; PROVIDING
Minutes of Village Council Meeting held August 13, 2020 Page 4 of 6
ORDINANCE 2020-06 — CODE AMENDMENT — COMMERCIAL LAND DEVELOPMENT
REGULATIONS continued
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mr. Lukasik gave a brief introduction and history of the proposed code amendments and stated
that Mr. Bill Spikowski would give a presentation showing an overview of the recommended
changes to the Master Plan.
Mr. Spikowski began the presentation by discussing and explaining one of the key
recommendations of creating a form -based code and design guidelines. Mr. Spikowski discussed
and explained the major components of the proposed code update which were U.S. Highway 1,
Northlake Boulevard, key redevelopment sites, landscape code, renaming commercial zoning
districts and the Comprehensive Plan.
Community Development Director Jeremy Hubsch discussed and explained the proposed changes
to the code which included changes to parking and the waiver process and providing allowances
for roof top lounges and pools. Mr. Hubsch discussed and explained the adding of density in the
different zoning districts.
Tom Magill, 119 Atlantic Road, asked how long would the new developments take along the U.S.
1 and Northlake corridors.
Mr. Hubsch stated that it would not be possible to estimate an exact time frame.
Discussion ensued between Council, staff and Mr. Spikowski regarding the workforce housing
density bonus.
Discussion and explanation ensued between President Pro Tem Norris, Mr. Spikowski and Mr.
Rubin regarding specific proposed changes to the code.
Mayor Bickel recommended changing the noise regulations to allow noise to begin at 10 a.m. on
Sunday mornings instead of 8 a.m. and changing the code to not allow palm trees as a substitution
for canopy trees in terms of shade.
Discussion ensued between Council and staff regarding substitution of palm trees as canopy trees.
At the conclusion of the discussion it was decided to keep the noise regulations and landscape code as is.
Discussion ensued among Council regarding architectural designs within the Village.
Thereafter, the motions to adopt Ordinance 2020-05 and Ordinance 2020-06 on first reading
passed unanimously.
Minutes of Village Council Meeting held August 13, 2020 Page 5 of 6
CONSENT AGENDA
President Pro Tem Norris moved to approve the Consent Agenda. Vice Mayor Mullinix seconded
the motion which passed unanimously. The following items were approved:
Resolution — Approving a Combined Operational Assistance and Voluntary Cooperation
Mutual Aid Agreement for Palm Beach County Law Enforcement Agencies; and
authorizing execution of the Agreement.
Receive for file Minutes of the Library Advisory Board meeting held 6/23/20.
Receive for file Minutes of the Planning Commission meeting held 7/7/20.
Receive for file Minutes of the Recreation Advisory Board meeting held 7/14/20.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Lukasik introduced Dr. Kim Delaney, Director of Strategic Development and Planning for the
Treasure Coast Regional Planning Council and Fabricio Ponce, VHB Traffic Engineer.
Mr. Lukasik gave an explanation for the presentations regarding the proposed U.S. Highway 1
lane repurposing. Mr. Lukasik explained and discussed the Master Plan key recommendations
which included the form -based code, prioritizing targeted redevelopment areas, improving
Prosperity Farms Road, and redefining U.S. Highway 1.
Dr. Delaney gave a brief history regarding the proposal to repurpose U.S. Highway 1 and discussed
and explained lane elimination and repurposing.
Mr. Lukasik discussed the benefits and challenges associated with the proposed repurposing of
U.S. Highway 1. Mr. Lukasik and Dr. Delaney explained the next steps and schedule for the
proposed repurposing.
Mr. Ponce began a presentation regarding the U.S. Highway 1 Lane Repurposing Traffic Study.
Mr. Ponce gave a study area overview and explained and discussed existing conditions, future
conditions and a Parker Bridge opening analysis.
Vice Mayor Mullinix expressed his concerns with the proposed repurposing and the traffic impacts
on U.S. Highway 1.
Discussion ensued between Council, staff, Mr. Ponce and Dr. Delaney regarding concerns with
traffic impacts from proposed lane repurposing on U.S. Highway 1.
Mr. Lukasik stated that he and Dr. Delaney would continue to work on the scope of work needed
to submit an application to the Florida Department of Transportation which would not be submitted
until after the scheduled public open houses and review by the Planning Commission.
Discussion continued between Council, staff and Mr. Ponce regarding proposed density increases.
Mayor Bickel recommended that Mr. Lukasik collect more data regarding the impacts of density
increases showing highest possible impacts in relation to high density scenarios.
Minutes of Village Council Meeting held August 13, 2020
Page 6 of 6
VILLAGE MANAGER MATTERS/REPORTS continued
Mayor Bickel, President Pro Tem Norris, Councilmember Aubrey and Councilmember Searcy
came to consensus for Mr. Lukasik to collect more data and to move forward with the analysis of
repurposing U.S. Highway 1.
Vice Mayor Mullinix did not agree with moving forward with the analysis of repurposing U.S.
Highway 1.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 10:39 p.m.
J -'s ca Green, MMC, illage Clerk