Order Denying Appeal _200 Yacht Club Drive_1-30-2023VILLAGE COUNCIL
VILLAGE OF NORTH PALM BEACH, FLORIDA
Application No. 2020-2238
ORDER DENYING APPEAL
Applicant: Robbins NPB LLC, Property Owner
Property Location: 200 Yacht Club Drive, North Palm Beach, FL 33408 ("Property")
Legal Description: Lot 1, Marina Addition to the Village of North Palm Beach according
to the plat thereof recorded in Plat Book 27, Page 98 of the Public
Records of Palm Beach County, Florida (PCN 68-43-42-09-02-000-
0010)
Lots 14 and 15, Yacht Club Addition to the Village of North Palm
Beach according to the plat thereof recorded in Plat Book 26, Page
249 of the Public Records of Palm Beach County, Florida (PCN 68-
43-42-09-01-070-0140)
Lot 13 and the North 64 feet of Lot 12, Yacht Club Addition to the
Village of North Palm Beach according to the plat thereof recorded
in Plat Book 26, Page 249 of the Public Records of Palm Beach
County, Florida (PCN 68-43-42-09-01-070-0121)
Zoning District: C -MU US -1 Mixed Use District
Future Land Use
Designation: Commercial
Original Request: Request for Site Plan and Appearance Approval with Waivers for 181
residential units and 1,578 of commercial space on the Property,
including 4 live -work units ("Application")
This matter originally came before the Village Council on October 27, 2022 as an
appeal from the Planning Commission's Order denying the Applicant's request for Site
Plan and Appearance Approval with Waivers. At the conclusion of that meeting, the
Village Council granted the Applicant's request to stay the appeal for three months until
January 26, 2023. The Village Council, having considered the arguments presented by
the Applicant, its legal counsel and its agents and having reviewed the testimony and
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evidence forming the record of the proceedings before the Planning Commission, hereby
enters the following Order:
1. On September 6, 2022, the Village's Planning Commission entered an
Order denying the Applicant's request for Site Plan and Appearance Review with
Waivers. While members of the Commission raised concerns regarding density, traffic
and consistency with both the Village Comprehensive Plan and the Village Master Plan,
the Planning Commission ultimately denied the Application because the Applicant's
request for a waiver from Section 45-31.G.3 of the Village Code (requiring a seven -foot
perpetual sidewalk easement dedicated to the Village along the U.S. Highway One
frontage) did not meet the criteria for necessary for a waiver in the C -MU US -1 Mixed Use
District as set forth in Section 45-51 of the Village Code of Ordinances.
2. On September 16, 2022, the Applicant filed an appeal to the Village Council
of the Planning Commission's denial of the waiver in accordance with Section 45-51(6)
of the Village Code of Ordinances. That section provides as follows:
The applicant or any interested party may file an appeal to the village
council on any decision on waivers. Such an appeal will also function as
an appeal of the site plan and appearance application. The appeal shall
be filed or made within ten (10) days after decision of the planning
commission on forms provided by the village. Appeals shall set forth the
alleged inconsistency or nonconformity with procedures, criteria, or
standards set forth in this Code. The village council shall decide an appeal
within thirty (30) days of the filing of such appeal unless an extension of time
is consented to by the applicant, and such filing shall suspend any building
permit issued pursuant to the ruling of the planning commission until the
village council has decided the appeal. The village council may review any
decision of the planning commission and their disposition of the matter shall
be final.
3. In accordance with the foregoing requirement, the Village Council reviewed
the entire Application for Site Plan and Appearance Review with Waivers. Having
conducted such review, the Village Council hereby makes the following determinations:
A. The Application is not consistent with the Future Land Use Element of the
Village's Comprehensive Plan in that the residential density exceeds the
cap established in Policy 1.13.1.3 for dwelling units on properties with a
future land use designation of Commercial.
B. The Application is not consistent with the Future Land Use Element of the
Village's Comprehensive Plan in that it fails to provide for sufficient
commercial uses to achieve a mixed-use development pattern as required
by Policy 1.13.4.
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C. The Applicant did not demonstrate sufficient public benefit for the requested
waivers as required by Section 45-51 of the Village Code.
D. The Application failed to provide for sufficient traffic circulation, specifically,
an ingress and egress connection to U.S. Highway One to lessen the
impacts on both the intersection of U.S. Highway One and Yacht Club Drive
and the alleyway along the eastern boundary of the Property.
Based on the foregoing, it is hereby ORDERED that the Applicant's appeal of the
Planning Commission's denial of the Application for Site Plan and Appearance Review
with Waivers is hereby DENIED.
••
ATTEST:`'
Ji!s ca Green, MNfC, Village Clerk
Copies to:
day j�""
, 2023.
VILLAGE C UNCIL
VILLAGE OF NORTH PALM BEACH
By:
D,e�� L Q6W��j —
Deborah ear ayor 7-",
Applicant
Urban Design Studio (Applicant's Agent)
Brian Seymour, Esquire (Applicant's Attorney)
Leonard G. Rubin, Village Attorney
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