HomeMy WebLinkAboutDocumentation_Regular_Tab 14_10/11/2012 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 15-12
October 11, 2012
Consent Agenda: No Resolution #:
Originating Department: Community Development
At3ENDA P1'EM TITLE: (W "� kne of your st�F : r
FIRST READING ORDINANCE NO. 15-12: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,
FLORIDA, ANNEXING THREE (3) PARCELS OF REAL PROPERTY COMPRISING A TOTAL OF 0.7278 ACRES, MORE OR LESS,
LOCATED AT 19578 U.S. H�GHWAY 1, 19590 U.S. HIGHWAY 1, AND 19600 U.S. HIGHWAY 1, AS MORE PARTICULARLY
DESCRIBED HERE�N; PROVIDING THAT THE SUBJECT PARCELS ARE HEREBY ANNEXED PURSUANT TO SEC. 171.0413,
FLORIDA STATUTES AND SEC. 4.02 OF THE VILLAGE OF TEQUESTA CHARTER; DIRECTING THE VILLAGE MANAGER TO DO
ALL THINGS NECESSARY TO EFFECTUATE THIS ANNEXATION; DIRECTING THE VILLAGE CLERK TO FILE A COPY OF THIS
ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT IN PALM BEACH COUNTY, THE CHIEF ADMINISTRATIVE OFFICER
OF PALM BEACH COUNTY AND WITH THE DEPARTMENT OF STATE WITHIN SEVEN (7) DAYS AFTER ADOPTION; PROVIDING
A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
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Account #: N/A Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: No Appropriate Fund Balance: No
.AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ANNEXING THREE (3) PARCELS OF
REAL PROPERTY COMPRISING A TOTAL OF 0.7278 ACRES, MORE OR LESS, LOCATED AT 19578 U.S. HIGHWAY 1, 19590
U.S. HIGHWAY 1, AND 19600 U.S. HIGHWAY 1, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING THAT THE
SUBJECT PARCELS ARE HEREBY ANNEXED PURSUANT TO SEC. 171.0413, FLORIDA STATUTES AND SEC. 4.02 OF THE
VILLAGE OF TEQUESTA CHARTER; DIRECTING THE VILLAGE MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE
THIS ANNEXATION; DIRECTING THE VILLAGE CLERK TO FILE A COPY OF THIS ORDINANCE WITH THE CLERK OF THE
CIRCUIT COURT IN PALM BEACH COUNTY, THE CHIEF ADMINISTRATIVE OFFICER OF PALM BEACH COUNTY AND WITH THE
DEPARTMENT OF STATE WITHIN SEVEN (7) DAYS AFTER ADOPTION; PROVIDING A CONFLICTS CLAUSE AND A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Department Head
Finance Director •
Reviewed for Financial Sufficiency �
No Financial Impact
Attorney: (for legal sufficiency)
Village Manager:
Submit for Council Discussion: _= � �-��- —
Approve Item: �
Deny Ite
SPECIAL INSTRUCTIONS FOR CLERK: (if you wish to have agreements signed, inGude the number of copies you want
signed and place "Sign Here" sticker on tf�em)
Form Amended: 10/20/11
ORDINANCE NO. 15-12
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, ANNEXING THREE (3) PARCELS OF REAL
PROPERTY COMPRISING A TOTAL OF 0.7278 ACRES, MORE OR LESS,
LOCATED AT 19578 U.S. HIGHWAY 1, 19590 U.S. HIGHWAY 1, AND 19600
U.S. HIGHWAY 1, AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING THAT THE SUBJECT PARCELS ARE HEREBY ANNEXED
PURSUANT TO SEC. 171.0413, FLORIDA STATUTES AND SEC. 4.02 OF THE
VILLAGE OF TEQUESTA CHARTER; DIRECTING THE VILLAGE MANAGER
TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS ANNEXATION;
DIRECTING THE VILLAGE CLERK TO FILE A COPY OF THIS ORDINANCE
WITH THE CLERK OF THE CIRCUIT COURT IN PALM BEACH COUNTY,
THE CHIEF ADMINISTRATIVE OFFICER OF PALM BEACH COUNTY AND
WITH THE DEPARTMENT OF STATE WITHIN SEVEN (7) DAYS AFTER
ADOPTION; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta, Florida has received written
petitions signed by the owners of real property located at 19578 U.S. Highway #1, and 19600 U.S.
Highway # 1, hereinafter described, who desire that said real property be annexed into the Village of
Tequesta, Florida, pursuant to the provisions of Section 171.0413, Florida Statutes and Sec. 4.02 of
the Village of Tequesta Charter; and
WHEREAS, the owner of real property located at 19590 U.S. Highway #1, hereinafter
described, has not petitioned the Village for annexation; and
WHEREAS, the above referenced three parcels of real property to be annexed into the
Village of Tequesta comprise one area of contiguous, compact, unincorporated territory adjacent to
the Village of Tequesta., all of which has been developed for urban purposes; and
WHEREAS, the said three parcels that comprise the above referenced territory are owned by
individuals or other legal entities which are not registered electors of said territory; and
WHEREAS, the owners of more than 50% of the land within the territory to be annexed have
consented to be annexed into the Village of Tequesta, and the owners of more than 50% of the three
parcels of land within the territory to be annexed have consented to be a.nnexed into the Village of
Tequesta, as evidenced by their request for annexation; and
WHEREAS, the above facts allow the entire territory, comprised of the above referenced
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three parcels of real property, to be annexed into the Village of Tequesta without the necessity of a
referendum vote; and
WHEREAS, the Village of Tequesta has prepared a report setting forth its plans to provide
urban services to the area to be annexed containing the information required by Sec. 171.042,
Florida Statutes, and has filed a copy of such report with the Palm Beach County Board of County
Commissioners at least 15 days prior to considering this ordinance on first reading; and
WHEREAS, the Village of Tequesta has caused all required advertisements and notices to be
published and sent to a11 required recipients pursuant to Sec. 171.0413, Florida Statutes, and Sec.
171.042, Florida Statutes; and
WHEREAS, it is the opinion of the Village Council that it is in the best public interests that
the real property referenced above and more fully described below be annexed into the Village of
Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: The above recitals are true and correct and are hereby incorporated herein.
Section 2: The Village Council of the Village of Tequesta finds that the real property
consisting of a total of 0.7278 acres, more or less, legally described as set forth on Exhibit A and
depicted on the map attached hereto as Exhibit B and made a part hereof, qualifies for annexation
pursuant to Section 171.0413, Florida Statutes, as fully described in the recitals hereinabove, and the
same is hereby annexed into the Village of Tequesta, Florida as permitted by Section 4.02 of the
Village of Tequesta Charter.
Section 3: The Village Manager is hereby directed to do all things necessary to effectuate
this annexation.
Section 4: The Village Clerk is hereby directed to file a copy of this Ordinance with the
Clerk of the Circuit Court, Palm Beach County, and the Chief Administrative Officer of Palm Beach
County and with the Department of State within seven (7) days of the adoption of this ordinance.
Section 5: All Ordinances of parts of Ordinances in conflict herewith are hereby
repealed.
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Section 6: Should any Section or provision of this Ordinance or any portion thereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or any part thereof other than
the part to be declared invalid.
Section 7: This Ordinance shall take effect immediately upon second reading and final
passage.
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VILLAGE OF TEQUESTA
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URBAN SERVICE REPORT
Proposed Annexation of
Three (3) Commercial Parcels on N. US Hwy. 1
September 24, 2012
Z consult�nts
URBAN SERVICE REPORT
Proposed Annexation of Three (3) Commercial Parcels on N. US Hwy. 1
Regulatory Background
Florida Statutes Chapter 171.0413 (6) provides for the annexation of property when the
annexed area does not have any registered electors. The area can be annexed when the owners
of more than 50 percent of the parcels and of more than 50 percent of land area in the area
proposed to be annexed consent to the annexation. Prior to the annexation, a report shall be
prepared that sets forth plans for the provision of urban services in the area. The subject report
shall be filed with the Board of County Commissioners at least fifteen days prior to the Village
initiating annexation proceedings in accordance with Florida Statutes Chapter 171.0413
regarding annexation. The present report will be submitted to Palm Beach County Planning
Department in compliance with Florida Statutes
The area proposed to be annexed is in compliance with Florida Statutes, is continuous to the
Village's boundaries, is reasonably compact, and do not create any enclave or finger area. Since
the subject area consists of commercial parcels, then it does not present registered electors.
Description of the Proposed Annexation Area
The subject annexation area is adjacent to the Village of Tequesta eastern boundary along N.
US Hwy. 1 from Palm Court to Inlet Court (see attached map). The area includes 0.7278 acres
and a total of three (3) commercial parcels. Table 1 presents detail information regarding parcel
owner, property control number, address, parcel size, land use and zoning. The subject
annexation area consists of three parcels owned by three different owners from which two of
the owners filed a voluntary application (more than 50 percent of owner consent) and
representing 69.71 percent of the total land area. This is in compliance with the 50 percent of
statutory threshold. Property owners of Parcels 1 and 3 had filed a petition for voluntary
annexation (see attached documents).
The proposed area of annexation is consistent with objectives of both the Village of Tequesta
and Palm Beach County in that it will help create regular jurisdictional boundaries and improve
the efficiency of service delivery. Also, the Village's Comprehensive Plan Future Land Use
Element calls for the Village to "consider annexation of neighboring areas that are consistent
with the character 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". Also, the subject area is part of the Village's annexation strategic plan analysis dated
April 14, 2011.
=- - -_ _ =-- __= __--_ _._ -- -- — _ _ ---_-__- ___ --_ --=, _-- _ _-_ _ :,
I Village of Tequesta - Urban Service Report - Three (3) Commercial Parcels on N US Hwy. 1
;
Public Facilities and Services
Roadwavs and Draina�e
The three (3) subject parcels front N. US Hwy. 1(see attached map). Parcel 1 is located on the
corner of Inlet Court and N. US Hwy. 1, and Parcel 3 is located on the corner of Palm Court and
N. US Hwy. 1. US Hwy. 1 existing conditions are satisfactory in terms of surface, curbing,
sidewalk, and drainage.
Inlet Court and Palm Court drainage capacity is minimal, most of the rain water drains toward
the adjacent canal. As shown on photos, both streets lack of sidewalks, and overall paving
condition is satisfactory. Also, there is an alley located at the rear of the subject properties. The
afley's existing condition is not satisfactory in terms of paving and drainage (see photo).
Currently, Inlet Court, Palm Court and the alley are not part of the Village's roadway capacity
and ownership status is not expected to be modified after annexation of subject properties is
completed.
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� Village ofTequesta - Urban Service Report-Three (3) Commercial Parcels on N US Hwy. 1
Potable Water and Sanitarv Sewer
The Village of Tequesta's Public Works Department owns and operates a water plant facility
that provides potable water service to residents and businesses within its water service
boundary, including the subject annexation area. Once the proposed area is annexed, potable
water service will continue to be provided by the Public Works Department.
Sanitary sewer service is provided by the Loxahatchee River District. According to data
provided by the District, only one property (Parcel 2- 19590 N US Hwy. 1) within proposed
annexation area is connected to the District's sanitary sewer system. The two remaining
properties are currently not connected to the District's system; however, sewer lines are
available. The District stated that both property owners will be notified shortly (1-2 months) of
the availability of sewer and the requirement to be connected to the system (Section
381.00655, Florida Statutes).
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Parks and Recreation
The Village of Tequesta Parks and Recreation Department
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offers a wide range of leisure, educational and physical �J. �,�,,� tt `;' � ��
activities at the park and recreation facilities. �' �
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The adopted level of service (LOS) standard for parks in the ,��� •'
Village is 2 acres per 1,000 population. The Village ��,� �. �{., ,�� �� T
currently has 45 acres in community parks and 9.41 acres � ��� -
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in neighborhood parks (including Remembrance Park). '
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Current demand for neighborhood parks is 11.26 acres for �I�r, ;=���`�� .,: _,'�
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a total population of 5,629 (2010Census). '�
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Since the subject annexation area consists of three (3) commercial parcels, once they are
annexed to the Village they will not impact the current Village's LOS.
_ _ --__= == _ _ _- _
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I! Village of Tequesta - Urban Service Report - Three (3) Commercial Parcels on N US Hwy. 1
Public Safetv - Law Enforcement, Fire Rescue and Emergency Response
The subject properties are currently served by the Palm Beach County Sheriff Department.
Once the annexation is effective, the Village of Tequesta will assume the police service. In terms
of response time, it should be noted that Tequesta Police response time (from dispatch to
arrival time) is less than three (3) minutes.
The Village's Police Department is currently equipped with staff and resources to provide patrol
service to the subject area. The Department has 27 full-time law enforcement employees from
which 20 are officers. Tequesta's ratio of police officers per 1,000 residents is higher (3.55) than
the State (2.47). The Village's police department is accredited by the State, in compliance with
263 State Standards.
The Village's police department offers critical safety services to the Village's residents and
business community such as:
24/7 Continuous Neighborhood Patrolling �
Neighborhood Watch Programs - � .� �, +�.� �; ;. Y; � �� �, � �,�, ;; �j
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Closed Home Checks � � ��� --
Community Observer Patrol (COP) .,� _
Bike Patrol v�ue�a,�g �e$re I
Te uesta Marine Unit ��"`' " .��
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License Plate Recognition -Cameras on - � _ .-�.�
Police vehicles & strategic places - �
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The Tequesta Police Department serves as a primary Public Safety Answering point for all 911
calls in the Village. Every 911 call made in the Village is given immediate special attention by a
trained professional. In addition to their certifications and annual training requirements for law
enforcement, all Tequesta Police Department communications personnel are certified as
Emergency Medical Dispatchers. This ensures the community that all medical emergencies
receive trained, professional help from the instant a 911 call is received.
Currently, fire rescue service for the subject three (3) commercial parcels is provided by Palm
Beach County Fire Rescue Station No. 18. The current average response time to the Area is 5
minutes and 54 seconds. Once annexation is completed, the Tequesta Fire Department is
equipped with staff and resources to provide service to this area such as:
First-Response '
Fire Suppression ��
Emergency Medical Services _ ������
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Fire Inspections � � --�----- �
Plans Review �
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Public Education � « -- ��' - -- � ��
Emergency Management coordination � -- , �`�` � _ �
In 1993, the Village of Tequesta established their own Fire Department, and contracted with
the local private ambulance company to provide Emergency Medical System (EMSj. In 1994,
-___ : _ - _ _- -
_ _ _ __ -_--_ -:__ =_ __--
; Village of Tequesta - Urban Service Report - Three (3) Commercial Parcels on N US Hwy. 1
the Village hired their own Paramedics and took over EMS to improve patient care and
treatment. According to response time statistics provided by Palm Beach County Department
of Public Safety, in 2011 Tequesta Fire-Rescue had the fastest response time of any EMS agency
in Palm Beach County, with an average of 4 minutes 39 seconds between 911 call to arrival at
the scene. The Fire Rescue Department currently is staffed with a Fire Chief, 21 full time
firefighters, 2 part time trained personnel as needed, 2 administrative personnel, and 6
voluntaries.
Solid Waste and Public Works
The Village of Tequesta has an agreement with Waste Management for solid waste removal
and recycling within the Village's boundaries. Newly annexed areas will transfer service to the
Village's provider after annexation in accordance with State Law.
The Public Works Department provides general maintenance for Village roadways, pathways,
buildings, right-of-ways, medians, and signage. The maintenance is provided by Village staff
and through contractual services. The Department has an annual program to asphalt overlay
the Village streets. New landscaping is added annually through Capital Improvement projects.
Planning, Zonin� and Buildin� Services
The Village of Tequesta through its Community Development Department offers Building,
Zoning and Planning services to its residents and business community. Building plan review for
new development and construction are performed by this department as well all appropriate
building permitting and inspections. Business Tax Receipts are issued by the Village's Building
Department for all businesses operating inside the municipal boundaries. Existing Village staff
will be adequate for the needs of the area to be annexed.
General Government
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All daily administrative functions and general government -
support will be available to the subject area once they are �_ ,,. �,
annexed into the Village. Existing Village staff will be �� '"; '
adequate to provide municipal services to the subject ,� `�'�' �''
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area. The Village's proactive approach toward the business '' ',�
community will ensure providing needed services to the • '-:(� ���"'�� -
subject commercial parcels. ' -
Final Remarks
The proposed annexation of the subject commercial parcels complies with all the requirement
of Chapter 171 Florida Statutes. It is reasonable compact, contiguous to the existing Village's
boundaries, supported by a majority of property owners, with an area used for urban purposes,
and can served upon annexation with all the municipal services currently provided by the its
current Level of Service.
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I Village of Tequesta — Urban Service Report — Three (3) Cornmercial Parcels on N US Hwy. 1
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P�oposec9 e4o�nexation of T6�ree (3) Connr�aer�Ba@ ����e0s ��0 6�e �D� �Bw�yo 1t
Table 1. General Descriptaon
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Future Future
Land Use Zoning Land Use Zoning
Longenecker Samuel
1 19600 US Hwy 1 00434030020040010 Trust 0.2204 CH/5 CG C C-2
2 19590 US Hwy 1 00434030020040050 �udith and Viktor 0.2204 CH/5 CG C C-2
Bardischewski
3 19578 US Hwy 1 00434030020040090 Bozzuto Capital 0.2870 CH/5 CG C C-2
TOTAL 0.7278
i�o4es:
Per Palm Beach County Future Land Use and Zoning Designa4ions:
CH/S: Commercial High Underlying MR-5
MR-5: Medium Density Residential, 5 units per acre.
Per Vitlage of Tequesta Future Land Use and Zoning Designations:
C: Commercial
C-2: Community Commercial
PETITIOI�T FOI� ANNEXATIO1oT
TO: Village Council
Village of Tequesta
345. Tequesta Drive
Tequesta, F�, 33469
Gentlemen:
THE UNDERSIGNED, being the owners of the following premises located at
1 N. US �/w �o / Tu e��i�., FI 3 3�f�, containing ��� acres, situate, lying and
being in Palm Beach Co ty, Flonda, and described as follows (Enter full Iega1 descrip�ion. Attach additiona! page
if necessary.):
SEE ATTACHED PAGE
Hereby respectfully request that said property, which is contiguous to the territorial limits of the Village of
Tequesta, Ftorida, be annexed to and included within the territorial limits of the Village of Tequesta, and that said
property be zoned ��� zoning classification and land use classification of ���
� , - -, -- ' - - - Ler�n'Ma�1rGAL. .
�
The undersigned further certify that they are the only owners of said property.
Dated this �8 day of ,L�Aczs�T' , 20 f f�.
dfOZZ"t'�3 ��� ( !B't�� ,�J�/ •�. r °
Property Owner: _ �c.ti's �o�TD .�s' d��Sc�.�+�' s�
Prirtt Name . , tgnature
Print Name Signaiure
ACKN6WY.,EDGMENT
STATE OP F�ORIDA
County of �k,,vw, I�iP.�.,.C,�'1 "
BEFORE ME, personally appeared (,.�u Fs Y3o z zv� and
Executed the foregoing instrument, and who acknowledged to me that they executed the instrument for the purpose
therein expressed.
...�.- -- °- — —
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:�� Y P "e�c � PAMELA L BRUFAU
= NMary Public • State of Florida
;,� °�� My Comm. Expires Nov 24, 2013 Notary Public
��;,���,,d;.��� Commission # OD 942481 State of Florida at Large
My Commission Expires:
/mk Forms:Petitionfor Annexation
TO: Village Council
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
Gentlemen:
THE UNDERSIGNED, being the owners of the following premises located at
/ 9� 0 0 AP .�aS � y 1�w p��I-e�r', A 3 3�F'�A containing o�� acres, situate, lying and
being in Palm Beach Coun y, Florida, and described as follows (Enter full legal description. Attach additional page
if necessary.):
SEE ATTACHED PAGE
Hereby respectfulIy request that said property, which is contiguous to the territorial lunits of the Village of
Tequesta, Ftorida, be annexed to and included within the territorial limits of tha Village of Tequesta, and that said
properly be zoned [- a 2 zoning class�cation aud land use classification of -�'- '--•�
-{�rs�vrr—�+a-�a'-s--�—�'s-��-s -- Cdi�►.�.w� c�',a� l .
The undersigned further certify that they are the only owners of said property.
Dated this � day of � 9 ci.t`T , 2�_(___�.r-
Property Owner: �/�1� p E R �
Print Name . . Signatnre
Print Name Signature
ACKNOWLEDGMEI�TT
STATE OF RID
County af ��It�l�
BEFORE ME, personally appeared (� Y1 C�i�'�nd
�xecuted the foregoing instrument, and who ackn ledged to me at they ex ' the insirument for the purpose
therein expressed.
9
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.�����,,,
VANESSA �RIMAI.01 � State of Florida at Large
.��Y "�'"a
; g fiL Notazy Public - State ol Fla�
My Commission Expires. :. °.: �Iy Comm. Ex�res Sap 92. 20�8
'" = Comm�sion �Y OD 89�1
����P;o�t• '�� Bo�ed TAro� I�IIoRd No� �.
/mk Forms:PeHtioafor Annexation