2023-09 Code Amendment - C-MU US-1 Mixed Use DistrictORDINANCE NO. 2023-09
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, AMENDING ARTICLE III, "DISTRICT
REGULATIONS," OF APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE
OF ORDINANCES BY AMENDING SECTION 45-31, "C -MU US -1 MIXED USE
DISTRICT," TO PROVIDE ADDITIONAL SETBACKS FOR THE PROTECTION
AND PRESERVATION OF THE VILLAGE'S RESIDENTIAL SINGLE-FAMILY
NEIGHBORHOODS; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, through the adoption of Resolution No. 2016-73, the Village Council formally adopted
the Citizens' Master Plan Report prepared by the Treasure Coast Regional Planning Council ("Master
Plan"), including the recommendations contained therein, as setting forth the guiding principles for
future development within the Village; and
c.
WHEREAS, one of the Master Plan's key recommendations was to develop a form -based code for
the Village's commercial corridors, and the Village retained the firm of Dover, Kohl & Partners, and
its consultant, Spikowski Planning Associates, to develop the form -based code for the Village's
commercial zoning districts; and
WHEREAS, through the adoption of Ordinance No. 2020-06 on September 24, 2020, the Village
Council adopted form -based regulations for the C -MU US -1 Mixed Use District ("C -MU District")
to encourage the redevelopment of the U.S. Highway One corridor into a vibrant mixed-use place for
businesses, visitors and residents; and
WHEREAS, the C -MU District encompasses the "heart" of the Village, from the C-17 Canal to the
south and Yacht Club Drive to the north, and is immediately adjacent to residential single-family
neighborhoods buffered only by a public service alley; and
WHEREAS, the form -based regulations for the C -MU District do not utilize traditional' building
setbacks; rather, building placement is governed by build -to zones, with zero -foot setbacks adjacent
to the public service alleyways, subject to the dedication of an additional transportation and utility
easement; and
WHEREAS, in recognition of the proximity to residential single-family neighborhoods and to protect
the peace, tranquility and integrity of these neighborhoods, the C -MU District limits height to four
stories, with a limited ability to seek a waiver for a fifth story north of Anchorage Drive North, with
additional regulations limiting height as follows: within 25 feet of the rear property line, no portion
of a building may exceed 2 stories; and within 50 feet of the rear property line, no portion of a building
may exceed 3 stories; and
WHEREAS, revisions to Section 166.04151, Florida Statutes, adopted during the 2023 legislative
session, preempt municipal regulation of height as it relates to certain affordable housing projects in
commercial and mixed districts, and could potentially allow heights of up to twenty-two (22) stories
throughout the northern half of the C -MU District; and
WHEREAS, as additional protection for the Village's residential single-family neighborhoods that
immediately abut the C -MU District, the Village Council wishes to enact setback regulations for the
Page 1 of 3
C -MU District based on its immediate proximity to residential single-family zoning and the lack of
traditional setbacks in the form -based Code; and
WHEREAS, these regulations are not intended to be more burdensome or restrictive than the existing
regulations; rather, they are intended to address unforeseen and unintended consequences of recent
revisions to state law and provide the necessary privacy and protection for existing single-family
dwellings immediately adjacent to the C -MU District; and
WHEREAS, the proposed regulations are both consistent with and required by the Village's
Comprehensive Plan; and
WHEREAS, the Planning Commission, sitting as the Local Planning Agency, conducted a public
hearing to review this Ordinance and provide a recommendation to the Village Council; and
WHEREAS, having considered the recommendation of the Planning Commission and conducted all
required advertised public hearings, the Village Council determines that the adoption of this
Ordinance is in the interests of the health, safety, and welfare of the residents of the Village of North
Palm Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Article III, "District Regulations," of Appendix
C (Chapter 45) of the Village Code of Ordinances by amending Section 45-31 to read as follows
(additional language underlined and deleted language str4 ke thfough :
Sec. 45-31. C -MU mixed use district.
A. General description. This mixed-use district will encourage the
redevelopment of the US Highway 1 corridor into a vibrant mixed-use place for
businesses, visitors, and residents of North Palm Beach. A Citizens Master Plan,
adopted in 2016, envisioned the US Highway 1 corridor evolving into a better working
and living environment with walkable and bikeable streets, compact mixed-use
buildings, and convenient access to many forms of transportation. The C -MU zoning
district is a form -based code that uses clear and predictable standards to guide
redevelopment into this pattern.
E. Site and bulk standards.
1. Setbacks. Minimum setbacks between buildings and side, rear and
Local Street front lot lines are illustrated on Figure 5 and established as
follows:
i) Side setbacks ("A") are zero (0) feet.
ii) Rear setbacks ("B") are zero (0) feet (measured from the new
easement for lots located along alleys). If the villageg_ally
Page 2 of 3
required, through the application of state law or otherwise, to
approve buildings in excess of the maximum permitted height
within C -MU district, all buildings or portions thereof of six(6)
stories or more shall be set back at least seventv-five (75) feet
from the new easement for lots located along alleys or from the
rear property line, as applicable. An additional ten (10) foot
setback shall be required for each story or portion thereof above
six 6 stories. ._These setbacks shall apply wherever hei
imitations are depicted on the regulating plan (fines 1
throuLrh 4).[
iii) Local Street front setbacks ("C") are fifteen (15) feet.
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the
Village of North Palm Beach, Florida.
Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such
holding shall not affect the remainder of this Ordinance.
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 8TH DAY OF JUNE, 2023.
PLACED ON SECOND, FINAL READING AND PASSED THIS 22"D DAY OF JUNE, 2023.
Xo�r�y;o
%1lage Seal) •'�'
FLORIDA :rnpi
ATTEST:
VILL G LERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
4�
VILLAGE ATTORNEY
Page 3 of 3