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2014-52 Northlake Boulevard Overlay Zoning WaiversRESOLUTION 2014 -52 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, PROVIDING FOR PLANNING COMMISISON REVIEW OF WAIVER REQUESTS FROM THE NORTHLAKE BOULEVARD OVERLAY ZONING DISTRICT LANDSCAPING REQUIREMENTS PURSUANT TO SECTION 6 -2(C) OF SECTION 45 -35.3 OF THE VILLAGE CODE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A REPEALER. WHEREAS, Section 6 -2(A) of the Northlake Boulevard Overlay Zoning District ( "NBOZ ") regulations provides that all existing development shall conform with the landscaping requirements set forth therein by May 31, 2014; and WHEREAS, because many of the existing developments within the NBOZ cannot accommodate all of the required landscaping due to physical constraints and parking requirements, Section 6 -2(C) of the NBOZ provides that the landscape regulations may be waived in whole or in part by the Village when a property owner has demonstrated that the required landscaping will reduce required parking or substantially restrict the operation of the existing business or property's use; and WHEREAS, the NBOZ does not provide a procedure for requesting and obtaining such waivers; and WHEREAS, Section 21- 11(d)(1) of the Village Code provides that the Planning Commission shall perform any duties which lawfully may be assigned to it by the Village Council; and WHEREAS, the Village Council wishes to authorize the Planning Commission to hear and grant waivers from the NBOZ landscape regulations. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified and incorporated herein. Section 2. The Village Council hereby assigns to the Planning Commission the duty and authority to hear and grant waivers from the landscape requirements for existing developments located within the Northlake Boulevard Overlay Zoning District. Village Administration shall create the necessary application and prescribe the procedures to facilitate Planning Commission review. Section 3. This Resolution shall take effect immediately upon adoption and shall automatically be repealed one year from its effective date. PASSED AND ADOPTED THIS 28TH DAY OF AUGUST, 2014. (Village Seal) ATTEST: VILLAGE CLERk 1t V MAYOR