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Home My WebLink AboutDocumentation_Regular_Tab 13_06/14/2012 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: June 14, 2012 Consent Agenda: No Resolution #: Originating Department: Community Development AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Interlocal Agreement with Palm Beach County to Annex Enclave Area located on County Line Road. T: Account #: N/A Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: No Appropriate Fund Balance: No EXECUTIVE SUMMARY OF MAJOR ISSUE (This is a snap shot description of the agenda item) At the May 10, 2012 Village Council meeting staff was directed to start the Interlocal Agreement process with Palm Beach County to annex enclave area located on County Line Road. Village staff send the Interlocal Agreement and required Information Sheet to Palm Beach County on May 14, 2012. Also, letters to property owners were mailed on May 21, 2012. LS: Department Head ,(,�',. t .�,Z Finance Director �� - Reviewed for Financial uffici c [ No Financial Impact � Attorney: (for legal su iciency) Village Manager: ,�� r Submit for Council Discussion: ❑ �' Approve Item: ❑ Deny Item: � SPECIAL INSTRUCTIONS FOR CLERK: (if you wish to have agreements signed, be sure to include the � numb of c opies you want s igned and place "Sign Here" sti on them) _ Form Amended: 10/20/11 RESOLiJTION N0.13-12 A RESOLUTTON OF THE VILLAGE COUNCIL OF THE VII,LAGE OF TEQUESTA, FLORIDA, AUTHORIZING THE MAYOR OF TEQUESTA TO SIGN AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY, PURSUANT TO SEC 163.01 AND SEC. 171.046, F.S., FOR TI-� ANNEXATION OF THREE ENCLAVES CONSIS'TIl�TG OF FIVE PARCELS TOTALING LESS THAN TEN ACRES, AS MORE FULLY DESCRIBED IN THE ATTACHED INTERLOCAL AGREEMENT; PROVIDING AI� EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Pa1m Beach County has identified three (3) unincorporated enctaves locatea adj acent to Counry Line Road and otherwise surrounded by land that is located witivn the Village, as more fully described in the attached interlocal agreement; and WI-�REAS, said enclaves are comprised of five separate parcels of land and amount to less than ten acres in totat size; and WHEREAS, the Village Council desires to annex said enclaves into the Village; and WHEREAS, Sec. 171.046, F.S. provides that such enclaves may be annexed into the Village pwrsuant to an interlocal agreement between the Village and Pa1m Beach County; and WHEREAS, the Viltage Council of the Viltage of Tequesta, Florida believes that the annexation of said enclaves will serve to promote the public health, safety and welfare, and hereby authorizes the Mayor of Tequesta to execute the atta.ched interlocal agreement to effectuate said � annexation. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: The Village Council of the Village of Tequesta, a municipal corporation, hereby approves the interlocal agreement attached hereto as E�ibit "A", and authorizes its Mayor to execute the interlocal agreement. Section 2: This Resalution shall take effect immediately upon adoption. PASSED AND ADOPT'ED this 14'� day of June, 2012. -1- • ��`� � ` j ' I VILLAGE OF TEQUESTA 0 To: Mayor and Village Council From: Nilsa Zacarias, AICP, Community Development Director �: ,.: �. Date: 06.04.2012 Ref.: Interlocal Agreement with Palm Beach County to Annex Enclave Area on County Line Road At the May 10, 2012 Village Council meeting staff was directed to start the Interlocal Agreement process with Palm Beach County to annex enclave area located on County Line Road. The subject enclave area includes five (5) parcels. Four (4) parcels are residential in nature, and one (1) parcel includes a lift station that belongs to the Loxahatchee River Environmental District (see attached i information table). Village staff send the Interlocal Agreement and required Information Sheet to Palm Beach County on May 14, 2012; and, letters to property owners were mailed on May 21, 2012 (see attached documents). Once the Interlocal Agreement is adopted by Village Council at the June 14, 2012 meeting, it will be transmitted to Palm Beach County; and a final hearing date will be scheduled for the Palm Beach County Board of County Commissioners adoption hearing. • 1 Palm Beach County Annexation I�formation Sheet Please submit the following information regarding each proposed annexation: Annexation Type Enclave Interlocal Agreement Acres Total: 2.1184 acres (TotalS parcelsJ Parcel 1. 4534 County Line Road (0.1492 acres) Location Parcel 2. 4518 County Line Road (0.6554 acres) Parcel3. 4412 County Line Road (0.46 acres) Parcel 4. 4480 County Line Road (0.84 acres) Parcel 5. County Line Road (0.0138 acres) Parcel 1. Single Family. Existing Use Parcel 2. Single Family. Parcel 3. Single Family. Parcel 4. Single Family. Parcel 5. Lift Station from Loxahatchee River Environmental District. Parcel 1. Single Family. Proposed Use Parcel 2. Single Family. Parcet 3. Single Famity. Parcel 4. Single Family. Parcel 5. Lift Station from Loxahatchee River Environmental District. Parcel 1. LR-3: Low Density Residential, 3 units per acre. County Future Land Use Parcel2. LR-3: Low Density Residential, 3 units per acre. Parcel 3. MR-1: Medium Density Residential, 5 units per acre. Parcel 4. LR-3: Low Density Residential, 3 units per acre. Parcel 5. LR-3: Low Density Residential, 3 units per acre. Parcel 1. AR: Agricultural Residentiat. County Zoning Parcel 2. R5: Residential Single-Family. Parcel 3. RS: Residential Single-Family. Parcel 4. AR: Agricultural Residential Parcel5. RS: Residential Single-Family. Parcel 1. MD: Medium Density 5.4 -12.0 D.U's per acre. City Future Land Use Parcel 2. MD: Medium Density 5.4 -12.0 D.U's per acre. Parcel 3. LD: Low Density Maximum 5.4 D.U's per acre. Parcel 4. LD: Low Density Maximum 5.4 D.U's per acre. Parcel S. LD: Low Density Maximum 5.4 D.U's per acre. Farcei 1. R-2. M�Itiple Famiiy Dwellir��. City Zoning Parcel 2. R-2. Multiple Family Dwelling. Parcel 3. R-1. Single Family Dwelling. Parcel 4. R-1. Single Family Dwelling. Parcel 5. R-1. Single Family Dwelling. illage Council Hearing June 14, 2012 Location Map Please see Attached maps. Ordinance Number (if known) P a rce I 1. OQ424025�0010170 Parcel Control Numbers Parcel 2. 00424025000010010 Parcel3. 00424Q25000001140 Parce14.00424025000001130 Parce15.00424025000001131 . . � � _ �� A, J W 3�� = o � -: � �� v ( �; m- �. ._ . f �_� _ - fi 5t� � O.r.-.. W e = ` �L .�i�' �� _ - ', � I I!�: . ' � :.. . - ' t a � «��`r� ,��.�_ ,. ' _ . �+ � � � ' � 1� ( 8.:. � � .. �" V�..,� � ��$ P ; � � � ��'+_.. s, u i I� i f( 4r �, � , � ;y„` _ , . f - � r : � , , : � . � �`, LI " _� � �-ir� � �,�� . . � r , ,�` - � , P _ " �4�r C� p, � u � - � � � - . . ... . . � � ` , .. " . •'� f �� *": � � � , �� -.,'�.►�' N�9�`� , �"'�, �, �e y. - � � �� a �� p � f �;� � � ` �.�'� - ' ` O g s � � � � ` � �� { � �.. 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J � Q� �; ' � � k '.(" � u a, � ` � � '7� O a � ;� , ao v ` � ; � � -� ; � � V! � o °° � t _ in i �� N + "� _-c '` .;er� � � �!' ` �� N � � � > � � . � ,N s , , � N N ,> . ;� , = _ � IL r x � "a _ .. �+ „�. � "t � � � � � °� � ;=u a � Q' O � � ,;� C °�s f r�� ' 6%' ^^ �= ''' � ��,�; . � J � � a K: �� . :� � ` � � ., � � d .. { � � , - F— , . , . °", , LLl �� - `` i r � O �i f . � �� „ �',dr - ' � - k4� m 3 Z --{' ',� : ,. , �e■E� . . ; , �. , , _ . �; ._:- Garden�a Dr R � � �. •� � _ , y ---� • ' - : , .. . _ �,�. ; ;v � > V -. _ . ._ � �...-��" ft _ _ :_ � INTERLOCAL AGREEMENT FOR ENCLAVE ANNEXATION TffiS INTERLOCAL AGREEMENT is made on this da.y of , 2012 between the VILLAGE OF TEQiJESTA, a municipal corpora.tion located in Palm Beach County, Florida, hereinafter � referred to as "VII.,LAGE," and PALM BEACH COiJNTY, a political su�bdivision of the St�te of Florida, hereinafter referred to as "COiJNTY", each entity constituting a"public agency" as defined in Part 1, Chapter 163, Florida Statutes (2011). WHEREAS, Section 163.01, Florida Statutes (2011), known as the "Florida Interlocal Cooperation Act of 1969," as amended, authorizes local governments to make the most ef�cient use of their powers by enabling them to coopera.te with other localities on a basis of mutual advantage, and to thereby provide services and facilities which will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the "Florida. Interlocal Coopera.tion Act of 1969" permits public agencies as defined herein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority w}uch such agencies share in common and which each might exercise separately; and WHEREAS, Section 1 S of Chapter 93-206 of the La.ws of Florida. created Section 17l .046, Florida Statutes, providing for annexation of certain enclaves by entering into an interlocal agreement between the municipality and the county ha.ving jurisdiction over such enclaves; and WHEREAS, Section 171.046, Florida Statutes, limits annexation by interlocal agreement to � enclaves of ten (10) acres or less in size; and WHEREAS, Section 171.031 (13) (a) and (b), Florida Statutes, as amended by Chapter 93-206, Laws of Florida, defines enclaves as developed or improved property bounded on all sides by a single municipality, or bounded by a single municipality and by a na.tural or manmade obstacle that allows passage of vehicular traffic to that unincorporated area only through the municipality; and WHEREAS, the County and the Village have determi.ned that it is appropriate and will promote efficient provision of governmental services for the Village to annex certain enclaves; and WHEREAS, it has been determined by the Village and by the County that the parcels to be annexed via tlus i.nterlocal Agreement meet the requirements set out in. Sections 171.031 (a} and (b), and 171.046, Fdorida Statutes, as such enclaves are developed or are improved, are ten (10) acres or less in size, and are completely surrounded by the Village or are s�rounded by the Village and a natural or manmade obstacle that allows passage of vehicular traffic to the enclaves only through the Village; and WHEREAS, the Village's Comprehensive Plan Future Land Use Element calls for the Village to "consider annexa.tion of neighboring areas that are consistent with the chara.cter of the community, which can be provided facilities and services consistent with the levels of service standards established by the Village and which discourage urban sprawl" and the enclaves identified for annexation in this Interlocal Agreement aze in the Village's annexation strategic plan analysis dated April 14 and November 10, 2011, and have been approved for annexation by the Village Council; and • Page 1 of 4 WHEREAS, the County and the Village agree that the parcels to be annexed via this Interlocal • Agreement are subject to the Land Use Atlas of the Palm Bea.ch County Comprehensive Plan and County zoning and subdivision regulations until the Village adopts a comprehensive plan amendment to include the parcels to be annexed in the Village's comprehensive plan NOW, THEREFORE, in considera.tion of the muival representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Pur� The purpose of the Agreement is to allow annexation by the Village of Tequesta of certain unincorporated enclaves, which are identified in Exhibit "A" attached hereto and. made a part hereof Section 2. Definitions The following definitions shall apply to this Agreement: 1. The term "enclave" shall be defined as set forth in Section 171.031(13) (a) and (b), Florada Statutes, as adopted by the Legislature in Chapter 93-206, Section 15, laws of Florida. 2. "Act" means Part 1 of Chapter 163, Florida Statutes. 3. "Agreement" means this Interlocal Agreement, inclndi.ng any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. • Section 3. Annexation of Enclaves The unincorporated enclaves identified. in Exhibit "A", which is attached hereto and made a part hereof, are hereby annexed into and are included in the corporate boundaries of the Village of Tequesta. Section 4. Effective Date This agreement shall take effect upon execution by both parties. Section 5. Filin� Upon execution by both parties, a certified copy of this Agreement sha11 be filed with the Clerk of Circuit Court in and for Palm Beach County. Section 6. Notification The Village hereby acknowledges that it has provided written notice to all owners of real property located in the enclaves identified in Exlubit "A" whose names and addresses are known by reference to the latest published ad valorem tax records of the Palm Beach County Properly Appraiser and Tax Collector. The written notice describes the purpose of the Interlocal Agreement and states the date, time, and place of the meeting of the Village Council of the Village of Tequesta where this Interlocal Agreement is to be considered for adoption. The written notice also indicates the name and telephone number of the Pa1m Beach County sta.ff person to contact regarding the date, time, and place when the Board of County Commissioners is to consider the ad.option of tlus Interlocal Agreemen� • Page 2 of 4 � Section 7. Captions The ca.ptions and section designations herein set forth are for convenience only and shall have no substantive meani.ng. Section 8. Severa.bilitv In the event any section, paragraph, sentence, clause, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement, and the same sha11 remain in full force and effect. Section 9. Entire Agreement & Counterparts This Agreement represents the entire understanding between the parties, concerning the subject, and. supersedes all other negotiations, representa.tion, or agreements, either written or ora1, relating this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of wluch together shall constitute one and the same instrument. VILLAGE OF TEQUESTA ATT'EST: Tom Paterno, Mayor Lori McWillia.ms, MMC, Village Clerk .(Seal) Approved as to Form and Legal Sufficiency Keith W. Da.vis, Village Attorney ATT'EST: SHARON R. BOCK, Clerk & PALM BEACH COUNTY, FLORIDA Comptroller BY ITS BOARD OF COLJNTY COMIVIISSIONERS By: By: Deputy Clerk Shelley Vana, Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attomey � Page 3 of 4 • Ezhibit A Parcels by Enclave • � Page 4 of 4 � VILLAGE O� TEQUESTA 357 Tequesta Drive Tequesta, FL 33459 May 21, 2U12 Mr. D. Albrey Arrington Executive Dir�ctor Loxahatchee River Envi�onmental District 2500 Jupiter Park Dr. Jupiter, FL 33458-8952 Re: fnterlocal Agreement between Village of Teyuesta and Palm Beach County — PCIV 00-42-40-25-00-000-1131 Dear Mr. Arrington: The Village of Tequesta herby gives notice that the �Itage Council wil! consider adopting an � Interlocaf Agreement with Palm Beach County for the annexation of your property, located at County Gne Road, on Thursday,lune 14, 2012 at 6:Q0 pm at the Village Council Chambers at 345 Tequesta Drive, Tequesta, FlorPda. Your praperty meets the cr�teria far the enclave annexation through an Interiocai A�reemerrt with the county pursuant ta Section 171.046, Fiorida Statt�tes. Follawing consideration by t�e Viltage of Tequesta Council, the Inteloca! Agreemer�t wiil be considered by the Palm Beach County 8oard of County Commissioners (BCC�. Please contact Patricia Behn at 561.233.5332 for infarmation conceming the date, time and place when the BCC will consider the adoption of the intelocal Agreement. Should you have any questions, or require any additFonaf infornratian, please do not hesitate to contad me at 561.768.0557. Sincer �.. , Ja s M. Weinand, ire Chief cting Community Development Director cc: Nilsa Zacarias, AICP � Village Planner • VILlAGE OF TEQUESTA 357 Tequesta Drive Tequesta, FL 33469 May 21, 2012 Ms. Harriet F. Johnson 3450 Harbor Rd 1V Teqe�esta, FL 33469-2327 Re: InterMcal Agreement between Viflage of Tequesta and Palm Beach County — PCAI Ua-42-40-25-OD-000-1130 �ear Ms. Johnson: The �Ilage of Tequesta herby gives notice that the �Ilage Council wil! consider adopting an Interlocal Agreement witi� Patm Beach County for the annexation of your property, focated at • 4484 County Line Road, on Thursday, June 14, 2012 at 6:� pm at the �Ilage Councii Chambers at 345 Tequesta Drive, Tequesta, Florida. Your property meets the criteria for the enciave annexation througft an tnter�ocal Agreement with the county pursuant to Section 171.046, Florida Statutes. Following consideration by the Village of Tequesta Council, the Intelocal Agreement witl be considered by the Palm Beach County Board of County Commissioners (BCCj. Please contact Patricia Behn at 561.233.5332 for information conceming the date, time and place when the 8CC wilt consider the adaption of the Intelocal Agreement. Should you have any questions, or require any aciditiona! informa#ion, please do not hesitate to contact me at 561.768.0557. , �re . � 1 es M. Weinartd, Fire ief Acting Community Development Director cc: Nilsa Zacarias, AICP S Viilage Planner � VILLAGE Of TEQUESTA 357 Tequesta Drive Tequesta, FL 33469 11Aay 21, 2012 � Mr. & Mrs. Kenneth and Vanessa AAortensen P.O. Bax 3868 Jupiter FL 33469-1013 Re: Interlocal Agreement between Village of Tequesta and Palm Beach County— PCN 00-42-40-25-00-�Z-017U Dear Mr. & M�s. Mortensen: The Village of Tequesta herby gives notice that the Village Councif will consider adopting an fnterlocal Agreement with Paim Beach County for the annexatlon of your property, located at • 4534 County Gne Road, on Thursday, June 14, 20�.2 at 6:D0 pm at the Village C4uncil Chambers at 345 Tequesta Drive, Tequesta, F+orida. Yaur property meets the criteria for the enclave annexation through an Interloca! Agreement with the county pursuant to Section 171.046, Florida Statutes. Following rnnsideration by the �iiage of Tequesta Council, the Inte�ocar AgreemeRt wil! be considered by the Palm Beach County Board of County Commissioners (BCCj. Ptease contact Patricia Behn at 561.233.5332 for information concerning the date, time and pface when the BCC will consider the adoption of the Inteloca( A�reement. Should you have any questions, or require any additianal information, pleasQ do not hesitate to contact me at 561.768.0557. Sin�erely, /� ..-� �: ` -� ` . :� � . � 1a .�Neinand, Fire Chief mg Community Development Director cc: Nilsa Zacarias, AICP Village Planner • � VIUAGE QF TEQUESTA 357 Tequesta Drive Tequesta, Ft 33469 May 21, 2012 Mrs. Mary 10 Reed 507 Douglas Dr. Jupiter FL 33458-5039 Re: tnterlocat Agreement be#ween Viliage of Tequesta and Palm Beach County — PCN 00-42-40-25-�-001-0010 Dear Mrs. Reed: The Vi1lage of Tequesta herby gives notice that the Village Council will consider adopting an lnterlocal Agreement with Palm Beach County for the annexation of your property, located at 4518 Coanty line Road, on Thursday, June �.4, 2012 at 6:00 pm atthe �ilage Council Chambers at • 345 Tequesta Drive, Tequesta, Florida. Your property meets the criteria for the ertdave annexation through an Intertoc�l qgreement with the county pursuant ta Section 171.04b, Ftorida Statutes. Following consideration by the �Ilage af Tequesta Coar�c+l, the Intelocai Agreement wil! be considered by the Pafm Beach Couniy Board of County Comm�ssioners (BCC). Please contact Patricia Behn at 56I.233.5332 for infionnation concerning the date, time and place when the BCC will consider the adoption of the (ntek3cai Agreement. Shouid you have any questions, or require any additionai informatian, please do not hesitate to contact me at 561.768.0557. Sincer a s. einand, Fire Ch� f ing Commun'rty Development Director cc: Nilsa Zacarias, AICP . Vitlage Planner � VILLAGE OF TEQUESTA 357 Tequesta Drive Tequesta, FL 33469 May 21, 2012 Mr. & RArs. Timathy and Beth lawrence 4412 County Line Road Tequesta, FL 334b�-2146 Re: interlocal Agreement between Vil�age of Tequesta and Faim Beach County — PCN 00-42-40-25-00-�-1140 Dear Mr. and Mrs. lawrence: The �Ilage of Tequesta herby gives notice that the l/iltage Coancil will consider adopting an Interloca! Agreement with Palm Beach County for the annexation of your properry, Iocated at • 4412 County Line Rvad, on Thu�sday, lune 14, 2012 at 6:00 pm at the �Itage Counci! Chambers at 345 Tequesta Drive, Tequesta, Florida. Yaur properly meets the criteria for the enclave annexation through an tnterrocal Agreemertt with the county pursuant to Section 171.046, Fiorida Statutes. Following consideration by the Vitlage of Tequesta Counal, the tntelocal A�reement witl be considered by the Palm Bead� County Board of County Commissioners (BCC). Please contact Patricia Behn at 561.233.5332 for information concerning the date, time and piace when the BCC will consider the adaption of the Intelocal Agreement. Should you have any questions, or require any additional infarmation, please do not hesitate ta contact me at 561.7G8.0557. 5inc � Ja s. Weinand, Fire Chief ing Comm�nity Develapment Director • cc: Idilsa Zacarias, AICP �ilage Planner � � � 1/ILLAGE OF TEQUESTA COUiVTY LBIVE ROAD UNIIVCORPORATED ENCLAVE AREAS Table 1. Generai Description Future Zoning Future Zoning Land Use Land Use 00424025000010170 MORTENSEN KENNETN & 1 4534 County Line Rd MORTENSEN VANESSA R 0.1492 LR-3 AR MD R-2 � 4518 County line Rd. 00424025000010010 REED MARY JO 0.6554 LR-3 RS Mp R-2 4412 Caunty Line Rd. 00424025000001140 �WRENCE TIMOTHY & � LAWRENCE BETH 0.46 MR-1 RS LD R-1 � 4480 County Line Rd. 00424025000001130 JOHNSON HARRIETT F 0.84 LR-3 AR LD R-1 LOXATHATCNEE RIVER County Line Rd. 004240250000Q1131 ENVIRONMENTAL 0.0138 LR-3 RS LD R-1 5 DISTRICT To'�� 2.1184 11ioYes: Per P�1m Beach County Future Land Use and Zoning Designations: LR-3: Low Density Resid�ntial, 3 units per acre. MR-1: Medium Density Residential, 5 units per acre. R5: Residential Single-Family. ,4�t; Rgricultural Residenti�l. Per �ilage of �equesta F�ture Land Use and Zoning Designations: M�- Medium Density (5.4 —12.0 D.U's per acre). LD- Low Density (Maximum 5.4 D.U's per acre). R-1- Single Family Dwelling District. R-2- Pdlultiple Family Dwelling �istrict.