HomeMy WebLinkAboutOrdinance_341_12/09/1986. ~~
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ORDINANCE N0. 341
AN ORDINANCE OF THE VILLAGE OF TEQUESTA,
FLORIDA, ANNEXING A CERTAIN PARCEL OF LAND
TO THE TERRITORIAL LIMITS OF THE VILLAGE
OF TEQUESTA.
WHEREAS, pursuant to Subsection 29 of Section 4.02
of Article IV of the Charter of the Village of Tequesta and
Chapter 171, Florida Statutes, the Village Council may annex
any lands adjoining the territorial boundaries of said municipal-
ity and lying with the "natural boundaries" of said municipality
upon the petition of the owner or owners thereof; and
WHEREAS, Elizabeth L. Noyes and W. V. Grant, the owners
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of a certain parcel of land situated in Palm Beach County, Florida,
have filed a petition with the Village Council requesting that
the land described therein be annexed to the territorial limits
of the Village of Tequesta, Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA, FLORIDA, as follows:
Section 1. That the parcel of land owned by Elizabeth
L. Noyes and W. V. Grant and more particularly described as
follows:
SEE ATTACHED
s
is hereby annexed and incorporated into the Village of Tequesta,
Florida with the same force and effect as though same had original-
ly been incorporated into the territorial boundaries thereof.
Said property shall be annexed with a zoning classification
of RlA, Single Family Dwelling District, with a land use pursuant
to the Village Comprehensive Plan of "low density (0 to 3.6
Dwelling Units per acre)".
Section 2. The parcel of land herein described shall
be subject to all of the ordinances, regulations and codes of
the Village of Tequesta.
Section 3. That this ordinance shall take effect
~ upon its approval and passage as provided by law.
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THE FOREGOING ORDINANCE was offered by Councilmember
Edwin J. Nelson who moved its adoption. The Ordinance
was seconded by Councilmember Edward C. Howell and upon
being put to a vote, the vote was as follows:
FOR ADOPTION
AGAINST ADOPTION
Jill K. Gemino
Ron Mackail
Carlton D. Stoddard
Edward C. Howell
Edwin J. Nelson
The Mayor thereupon declared the Ordinance duly passed
and adopted this 9th day of December ,A.D. , 1986.
MAYOR OF TEQUESTA
Carlton D. Stoddard
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FJ
ATTEST:
-2-
. LEGAL DESCRIPTION .
(PROPERTY TO BE ANNEXED TO THE VILLAGE OF TEQUESTA)
A PARCEL OF LAND IN GOVERNMENT LOT 6, SECTION 25,
TOWNSHIP 40 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF A LINE PARALLEL TO,
AND 1100 FEET EASTERLY FROM, MEASURED AT RIGHT ANGLES TO THE
WEST LINE OF SAID GOVERNMENT LOT 6, WITH A LINE PARALLEL TO
AND 60 FEET NORTHERLY FROM, MEASURD AT RIGHT ANGLES TO, THE
CENTER LINE OF EL PORTAL, AS SHOWN ON SHEET NO. 3, PLAT OF
JUPITER MANORS SECTION ONE, RECORDED IN PLAT BOOK 12, PAGE
3 7 , PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT
OF BEGINNING BEING ALSO THE SOUTHEAST CORNER OF LOT 1, BLOCK
1 , OF BERMUDA TERRACE SECTION ONE, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 25, PAGE 23, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA; THENCE NORTHERLY ALONG THE
EAST LINE OF SAID BERMUDA TERRACE SECTION ONE, A DISTANCE OF
3 3 9 . 9 5 FEET ; THENCE EASTERLY PARALLEL TO THE NORTH LINE OF
GOVERNMENT LOT 5, OF SAID SECTION 25, A DISTANCE OF 71.69
FEET; THENCE SOUTHERLY, MAKING AN ANGLE WITH THE PRECEEDING
COURSE, MEASURED FROM WEST TO SOUTH OF 10024'45" A
DISTANCE OF 207.11 FEET; THENCE SOUTHERLY, MAKING AN ANGLE
OF DEFLECTION TO THE WEST OF 1038' 15"; AND ALONG A LINE
PARALLEL TO THE EAST LINE OF SAID BERMUDA TERRACE SECTION
ONE, A DISTANCE OF 140.39 FEET TO A POINT IN SAID LINE
PARALLEL TO AND 6U FEET NORTH OF THE CENTER LINE OF SAID EL
PORTAL ; THENCE WESTERLY ALONG SAID PARALLEL LINE, A DISTANCE
OF 110.06 FEET, MORE OR LESS TO THE POINT OF BEGINNING.
AND TOGETHER WITH: (PARCEL 2), AS FOLLOWS:
THE NORTH 150.81 FEET OF THE SOUTH 490'.76 FEET OF THAT
PART OF GOVERNMENT LOT 6, SECTION 25, TOWNSHIP 40 SOUTH,
RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LYING NORTH OF
THE COUNTY ROAD KNOWN AS EL PORTAL (NOW TEQUESTA DRIVE) AND
WEST OF A FORTY (40) FOOT PUBLIC ROAD.
AND TOGETHER WITH THE FOLLOWING DESCRIBED PORTION OF
SAID 40.00 FOOT PUBLIC ROAD (PINE DRIVE).
FROM THE NORTHEAST CORNER OF SAID PARCEL 2, RUN
S10~38'S0"E (ALL OTHER BEARING ARE RELATIVE THERETO) ALONG
THE WESTERLY RIGHT-OF-WAY LINE OF SAID PINE DRIVE A DISTANCE
OF 153.34 FEET; THENCE N89~46' 33"E A DISTANCE OF 20.34
FEET TO THE CENTERLINE OF SAID PINE DRIVE; THENCE
510038'50"E ALONG THE CENTERLINE OF SAID PINE DRIVE A
DISTANCE OF 205.15 FEET, THENCE CONTINUE S00000' 10"W A
DISTANCE OF 142. 9U FEET TO POINT IN THE EASTERLY
PROLONGATION OF THE NORTHERLY RIGHT-OF-WAY LINE OF SAID
TEQUESTA DRIVE; THENCE N88~09' 00"W ALONG SAID RIGHT-0F-WAY
LINE A DISTANCE OF 20.01 FEET; THENCE N00O00' 10"E A
DISTANCE OF 140.39 FEET; THENCE N10~38'S0"W A DISTANCE OF
206.96 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.13 3 ACRES .
LJ
PETITION FOR ANNEXATION
1'0: Village Council
Village of Tequesta, Florida
P. 0. Box 3273
Tequesta, Florida ;.3469
Gentlemen:
THE UNDERSIGNED, being the owners of the following premises
located at PINE DRIVE (AKA PINE TREE DRIVE) situate, lying
and being in Palm Beach County, Florida, and described as follows:
(Enter full legal description. Attach additional page if necessary)
SEE ATTACHED PAGE
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hereby respectfully request that said property, which is contiguous to
the territorial limits of the Village of Tequesta, Florida, be annexed
to and included within the territorial limits of the Village of Tequesta,
and that said property be zoned ~}~ R-lA
zoning classification and a land use classification of LOW DENSITY
~~, ~ (Q~C~ DWELLING UNITS PER ACRE)
~,~~ c~~ (0-3.6
The undersigned further certify that they are the only owners of
`0 r, ~ said property.
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Dated this ~ / ~ day of ~~nC~ 198 6 .
Witness
U
Witness
f
STATE OF FLORID /
County of ~j',I ~ ~I`/~'r t
BEFORE , personally
!~ ~ ~~~ ~ , to me
ACKNOIVLEDGEMENT
appeared ~~/L,Q~~'f!j L. ~~/Qy~S and
known to be the persons descr bi ed in and who
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S.E. CORNER OF BERMUDA TERRACE SEC.I
POINT OF BEGINNING OF
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80.00'
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8181.59 sq.ft.
= 0.188 Acs. a
8 m
1 83.62'
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OF. PARTOF GOV'M f LOT 6, SEC. 25/4
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Board of County Con, ~ners
t
Karen T. Marcus, Chair
Jerry L. Owens, Vice Chairman
Ken Sppillias
Dorothy Wilken
Kenneth M. Adams
November 18, 1986
Department of Planning, Zoning
Mr. Scot t D. Ladd
Building Official
Post Office Box 3273.
Tequesta, Florida 33458
Re: Tunick and Noyes/Grant nnexations/Rezonings
Dear Mr. Ladd:
sponse to that received from the Village of
Tequesta regarding the above mentioned.
analyzed bath annexation/rezonin The Planning Staff has
following comments.. 9 Petitions and offers the
This letter is in re
Tunick Annexation/Rezonin
The Tunick property is located on the west side of U. S.1
north of First Street (Jupiter Heights Subdivision). ' dust
involved would be from the County's CG (General Cornrnercial)einning
part and RH (High Density Residential) in
County policy states that if this tract werera single lotyof C-2.
record owned by the present owners before the adoption of the
present Comprehensive Plan on August 4, 1980, then the entire
parcel could be rezoned by them to a commercial zoning category.
The entire south side of the Tunick propert
of Tequesta. Thus this annexation 1' borders the Village
Section 171.031 (12), Florida Statutesiwhichmrequires thatnthef
land being proposed for annexation be "reasonably compact" with
,that of the annexing municipality. The reason being so as not to
create an incorporated pocket or enclave surrounded by
unincorporated properties.
Recommpr.~at ion
The County Planning Division supports the Tunick
Annexation/rezoning petition as bean
County Comprehensive Plan and the StatenAnnexationeLawt(Chapter
171).
RECEIVEd NOV 2 5 1986
County Admii
John C. San
3400 BELVEDERE R(lAn ~.vccT ....,. ~_. ____
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Naves/Grant Annexation/Rezar~ino
The Noyes/Grant property is at the northwest corner of Tequesta
Drive and Pine Tree Drive. The rezoning proposal is from the
County's RS (Single-Family Residential) to the Village's R-lA. RS
zoning allows for a maximum of three (3) units/acre. Tequesta's
i R-lA category permits up to 3.6 dwellings/acre. Thus there is no
real conflict between the County Rlan ar~d Tequesta's regarding
land use and density. However, only the south side of the tract
narrowly borders Tequesta, along Tequesta Drive. This does not
represent a compact boundary as defined by the State Annexation
Law, specifically Section 171.031 (12), Florida Statutes. This
provision declares that:
"Compactness means concentration of a piece of property in a
single area and ~r~ecludes any action which would create
enclaves, packets, or finger areas in serpentine patterns.
Any annexation proceeding in any county in the state shall be
designed in such a rnanner as to ensure that the area will be
reasonably compact."
Approval of the Noyes/Grant annexation request would create a
municipal pocket surrounded by County land. The parcel is not
compact, as defined by Chapter 171, with Tequesta's boundary in
this area.
•
Recarnrnendat i on
___~
The County Planning Divisior~ recornrnends denial of the Noyes/Grant
annexation/rezoning petition. Its approval would contravene the
intent of Chapter 171, Florida Statutes, to prevent the creation
of mun i c i pa 1 pocket s or enc 1 ayes. r.....__~z
Please contact me if you have further questions.
Sincerely,
Q ~~
Richard Morley
Principal Planner
RM:JR:llb
FILE: L~SDLadd
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JOHNSTON, SASSER, RANDOLPH & WEAVER
ATTORNEYS AND COUNSELORS AT LAW
310 OKEECHOBEE BOULEVARD
HARRY A. JOHNSTON II WEST PALM BEACH, FLORIDA 33402
DONALD J. SASSER
JOHN C. RANDOLPH P. O. BOX M
H, ADAMS WEAVER
ANN MARIE G. REZZONICO
JOYCE A. CON WAY
~ BOARD CERTIFIED
MARITAL S FAMILY LAWYER
October 29, 1986
Thomas G. Bradford
Village Manager
Village of Tequesta
P. 0. Box 3273
Tequesta, FL 33458
Re: Noyes/Grant Annexation
Dear Tom:
HENRY F. LILIENTHAL
1902-1982
HARRY ALLISON JOHNSTON
1895 - 1983
(305) 655-0108
Enclosed please find a proposed Ordinance relating to the
above-referenced annexation. I would propose that this
be put on first reading at the Council Meeting of November
13, 1986. We would then publish for four consecutive weeks
commencing November 21, 1986 and have the second reading
at the December 23, 1986 Council Meeting. The entire ordinance
should be published rather than just the title so that the
name of the applicant, the description of the parcel and
the zoning and land use will be referenced.
Very trwl~ yours,
~ ~
~%
;~_ _:' ,
JOHN C. RANDOLPH
JCR/lw
Enclosure
cc: Scott Ladd
•
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OFFICE OF THE BUILDING OFFICIAL
VILLAGE OF TEQUESTA
357 TEgUESTA DRIVE
TEgUESTA, FLORIDA
TELEPHONE
REA CODE 305
746-7515
•
MAILINl3 ADDRESS
P.O. BOX 3273
TEgUESTA, FLORIDA 33458
October 29, 1986
Elizabeth L. Noyes
R-1 Box 410
Brewer, Maine 04412
Dear Mr. Noyes:
Re: A change to your petition for annexation
from R-1 to R-lA Zoning District
At the October 14, 1986 Village Council meeting it was determined that
' your petition for annexation should reflect that the proposed annexation
parcel be brought into the Village as R-lA 7,oning District instead of R-1
as previously identified on the petition. There are different technical
requirements for each zoning district and a copy of the appropriate zoning
district site regulations is attached indicating the differences between
R-1 and R-lA districts. A review of the R-lA site regulations indicates
that your proposed subdivision site plan as prepared by R. W, i~ee for
Shalloway, Inc. has several deviations from what is required by the R-lA
.site regulations as follows:
1. Minimum lot size.
2. Minimum lot width.
Additionally, there are several subdivision regulations that the pro-
posed Noyes Subdivision does not meet, as follows:
1. Width of proposed road right-of-way (Pine Tree Dr.).
2. Size of proposed cul-de-sac (noyes Court).
There may be other specific subdivision regulations that the proposed
subdivision does not meet; therefore, your engineer should review the Village
of Tequesta subdivision regulations and identify any additional deviations.
After the annexation takes place, the next step is to present the sub-
division for Council review. Variances for the four deviations listed above
sould be sought. during the subdivision review process. The subdivision reg-
ulations provide for the variance procedure under Article VI of Appendix B,
Subdivision Regulations (copy attached).
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Page 2
10-29-86
The Village Attorney has prepared an annexation ordinance with regard
to your petition. The Village Manager has indicated that your petition and
the annexation Ordinance will be put on the agenda for the November 13, 1986
Village Council meeting for consideration and first reading. You and/or your
representative should be in attendance at the November 13, 1986 meeting to
answer any questions that may come up with regard to your petition.
Please notify me if further clarification of this process is required.
Very truly yours,
VILLAGE OF TEQUESTA
sett n. Ladd
Building Official
SDL:jms
encl.
cc: (w/ attch)
. Villa e Mana r~
g ge
Village Attorney
W. V. Grant
•
` ~.. ~ ~ ,
OFFICE OF THE BUILDING OFFICIAL
VILLAGE OF TEQUESTA
357 TEQUESTA DRIVE
TEQUESTA, FLORIDA
TELEPHONE MAILING ADDRE59
EA CODE 3O5 P.D. BOX 3273
746-7515 TEQUESTA, FLORIDA 33458
October Z9, 1986
Mr. W. V. Grant
6 Bridal Path Cir.
Tequesta, FL 33469
Dear Mr. Grant:
Re: A change to your petition for annexation
from R-1 to R-lA Zoning District
At the October 14, 1986 Village Council meeting it was determined that
your petition for annexation should reflect that the proposed annexation
parcel be brought into the Village as R-lA Zoning District instead of R-1
as previously identified on the petition. There are different technical
requirements for each zoning district and a copy of the appropriate zoning
district site regulations is attached indicating the differences between
R-1 and R-lA districts. A review of the R-lA site regulations indicates
that your proposed subdivision site plan as prepared by R. W, T,ee for
Shalloway, Inc. has several deviations from what is required by the R-lA
site regulations as follows:
1. Minimum lot size.
2. Minimum lot width.
Additionally, there are several subdivision regulations that the pro-~
posed Noyes Subdivision does not meet, as follows:
1. Width of proposed road right-of.-way (Pine Tree Dr.).
2. Size of proposed cul-de-sac (noyes Court).
There may be other specific subdivision regulations that the proposed
subdivision does not meet; therefore, your engineer should review the Village
of Tequesta subdivision regulations and identify any additional deviations.
After the annexation takes place, the next step is to present the sub-
division for Council review. Variances for the four deviations listed above
sould be sought during the subdivision review process. The subdivision reg-
ulations provide for the variance procedure under Article VI of. Appendix B,
Subdivision Regulations (copy attached).
... •
Page 2.
10-29-86
The Village Attorney has prepared an annexation ordinance with regard
to your petition. The Village Manager has indicated that your petition and
the annexation Ordinance will be put on the agenda for the November 13, 1986
Village Council meeting for consideration and first reading. You and/or your
representative should be in attendance at the November 13, 1986 meeting to
answer any questions that may come up with regard to your petition.
Please notify me if further clarification of this process is required.
Very truly yours,
VILLAGE OF TEQUESTA
Scott D. Ladd
Building Official
SDL:jms
encl.
cc: (w/ attch)
. Village Manager
Village Attorney
Elizabeth L. Noyes
t
~`^ - ~ •
Art. V, § XO APPENAJ.~ B.._8U$AIVISION Art. VI, ~ ~
Section 14. Engineering expenses.
The subdivider shall reimburse the Village for engineering
expenses incurred by the Village, directly related to the subdi-
vision. Where the benefits derived from engineering studies
and designs axe general in scope and encompass an area
greater than that being platted, the costs shall be proportioned
according to the benefits derived. The amounts or portions of
the costs to be borne by each area will be in accordance with
formula provided by the Village Manager.
ARTICLE VI. VARIANCES, SEVERA$ILITY, PENALTY
Section 1. Hazdship.
Where the Council finds that extraordinary hardships may
result from strict compliance with these regulations, it may
recommend the variance of the regulations so that substantial
justice may be done and the public interest secured ; provided
that such variation will not have the effect of nullifying the
intent and purpose of a Comprehensive Development Plan,
~ the Zoning Ordinance or these regulations, and such variance
is issued by the Village Council.
Section 2. Conditions.
In granting variances and modifications, the Council may
require such conditions as will, in its judgment, secure sub-
stantially the objectives of the standards or requirements ao
varied or modified.
Section 3. Severability clause.
If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be unconstitutional, void,
invalid, the validity of the remaining portions shall not be
affected thereby.
Section 4. Penalty.
Any person or persons,
failing to comply ,with th
firm or corporation violating or
e terms and provisions specified
1243