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2020-03 Code Amendment - Prosperity Harbor North Planned Unit Development (2)ORDINANCE NO. 2020-03 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. WHEREAS, through the adoption of Ordinance No. 31-96, the Village Council approved the Prosperity Harbor North Planned Unit Development ("PUD"); and WHEREAS, through the adoption of Ordinance No. 01-2000, the Village Council amended the PUD to provide for and regulate the location and placement of structures inclusive of docks, pilings, piers, mooring posts and vessels within the PUD; and WHEREAS, Joseph Little ("Applicant"), filed an application to amend Exhibit "A" to Ordinance No. 01-2000 to: (1) allow docks on the intracoastal lots; and (2) allow "L" or "T" heads on piers adjacent to the Intracoastal lots to be eight (as opposed to six) feet in width; and WHEREAS, because the proposed width of the "L" and "T" heads of the piers requires a waiver from Section 5-84(6) of the Village Code of Ordinances, the requested change must be processed as a major amendment to the PUD; and WHEREAS, at a duly advertised hearing held on July 7, 2020, the Planning Commission considered the Applicant's request and recommended approval; and WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best interests of the residents and citizens 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 Exhibit "A" to Ordinance No. 01-2000 by amending the Notes to the Exhibit as follows (additional language underlined and deleted language NOTES 1. ALL PIERS, DOCKS, LIFTS, MOORING PILES, AND VESSELS MUST BE CONTAINED WITHIN THE ENVELOPE SHOWN FOR EACH LOT. 2. INTERIOR LOTS - DOCKS UP TO 10' WIDE Page 1 of 2 PIERS UP TO 6' WIDE 3. INTRACOASTAL LOTS - NO DOCKS ALLOWED r OWED DOCKS UP TO 6' WIDE; HOWEVER, NO DOCK SHALL EXTEND MORE THAN 5' FROM THE PROPERTY LINE PIERS UP TO 6' WIDE "L" HEADS AND "T" HEADS 900 OR ANGLED UP TO 618' WIDE AND 30' LONG PIERS, "L" HEADS, AND "T" HEADS WITHIN 40' OF PROPERTY LINE Section 3. 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 4. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. All remaining provisions of Ordinance No. 01-2000 not specifically amended by this Ordinance shall remain in full force and effect. Section 5. This Ordinance shall take effect immediately upon adoption. PLACED ON FIRST READING THIS 23RDDAY OF JULY, 2020. PLACED ON SECOND, FINAL READING AND PASSED THIS 13"H DAY OF AUGUST, 2020. Seal ��' �-- r (Village ) MAYOR ATTEST: -Fn� VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY Page 2 of 2