HomeMy WebLinkAboutDocumentation_Regular_Tab 11_06/13/2013 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 16-13
6/13/13
Consent Agenda: No Resolution #:
Originating Department: Attorney
' �' •� • • - : -• � -�•
Ordinance 16-13, First Readin�, Proposing the Annexation into the Village of Tequesta of Approximately
44.52 Acres, more or less, of Unincorporated Land Known Informally as Riverside Pines, Riverside on the
Loxahatchee, River Pines, and the Adjacent Unplatted Area, and mo�e Particularly Described Herein;
Providing that a Referendum Vote of the Registered Electors of the Area Proposed to be Annexed Shall be
held at a Special Election Called for the Purposes of Holding the Referendum on August 27, 2013 Pursuant to
Sec. 171.0413, Florida Statutes and Sec. 4.02 of the Village of Tequesta Charter; Providing Ballot Language
and Instructions to Voters; Providing for Notice of the Referendum
: � . . ..
Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: C, r�.ase .�r� Appropriate Fund Balance: �;hc�ns� aY� item
i � �1,.,,
`' • ` •' � • • - .�-
. - - � . .
Department Head (�; -
Finance Director �, ` �� � �,� �,c �,Z rn, � r,ah ; v��.��0
Reviewed for Financial Sufficiency ❑
No Financial Impact ❑ �
Attorney: (for legal sufficiency)
Village Manager:
Submit for Council Discussion: �
Approve Item: ❑
Deny Item: �
' • •' • . - .• -- . -• ,° - • r-
# � • f i ' . • • ' • � • • .. � • ' i �
Form Amended: 7/12/12
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�LOR194'
June 5, 2013
Department of Planning,
Zoning&Building Nilsa Zacarias
2300 North Jog Road Community Development Director
West Palm Beach, FL 33411-2741 Village of Tequesta
(561)233-5000 345 Tequesta Drive
Tequesta, FL 33469-0273
Planning Division 233-5300
Zoning Division 233-5200 RE: Proposed Annexations Riverside Dr Area C Referendum, 2013-60-002
Building Division 233-5100
Code Enforcemen[233-5500 & Sandpointe Bay Referemdum, 2013-60-003
Contracrors Certification 233-5525
Administration Office 233-5005 Dear Ms. Zacarias:
Executive Office 233-5228
www.pbcgov.com/pzb Thank you for providing the County with the Urban Services Reports for two
proposed referendum annexations summarized below:
� Name Description
Riverside Dr Area C Acres: 28.99
Palm Beach County Referendum Location: VVest/east sides of N Riverside Dr, north of Tequesta Dr
soara oe county First Reading: 6/13/2013 Second Reading: 7/11/2013
Commissioners ZQ13-60-002 Referendum: 8/27/2013 Effective: 9/6/2013
Steven L.Abrams,Mayor
Sandpointe Bay Acres: 7.49
Priscilla A.Taylor,Vice Mayor Referendum Location: East side of US Highway 1, less than 1,000 ft south of
Hal R.Valeche I the Martin County boundary
2013-60-003 First Reading: 6/13/2013 Second Reading: 7/11/2013
Paulette Burdick Referendum: 8/27/2013 Effective: 9/6/2013
Shelley Vana
T�e Nro�osed arnexations w��e pro�ess2d through the County's „��+exaticr
Mary Lou Berger Review Process. County staff has not identified any inconsistencies with Chapter
Jess R.Sancamaria 171, Florida Statutes. The following comments were submitted by the County
Departments and Agencies through the departmental review:
Riverside Dr Area C Referendum:
County Administrator . County's Engineering staff requests that a transfer of ownership, operation
Robert Weisman and maintenance of the following rights-of-way be processed for Area C:
Riverside Dr, Nicole Cir, Collette Dr and River Pines Ct. An interlocal
agreement between the County and the Village should be processed to
transfer the rights-of-way upon or after the effective date of the referendum.
• The Palm Beach Sheriffs Office recommends that upon approval of the
referendum, all law enforcemeni needs on the roadways that fall within the
municipality should be responded to by Tequesta Police Department.
"An Equal Opportuni[y
Affirmative Acfion Employer"
�_�� - 1.�
�,�,,,� ,� -+�a.
�printed on recycled paper
Page 2
�tiAC�CO Tequesta Annexations
� � �2 VVednesday, June 05, 2013
� �
• s
�g��I�A Sanc�point Bay Referendum:
• County's Engineering staf� states that the US-1 right-of-way should be
incl�aded in the annexation area Since this is a State-maintained road,
there is no requirement �ro transfer the operation and maintenance.
• The Palm Beach Sheriff's Office encourages the Village to continue its
efforts towards the annexation of the remaining unincorporated area
surrounding the proposed Sandpainte Bay annexation.
Ple�s� contact the following stafF if y�« have questions regarding their comments:
De�artment of Engineering, contact Tammy Lee at 561-684-4019; Sheriff's Office,
contact Jo-Anne Rockoff at 561-688-3274. For any other questions or comments,
contact Patricia Behn, Senior Planner, at 561-233-5332.
Sin�;erely,
i�;'�'�►,P,r,o '
Lorenzo Ag emo
Plaroning Director
cc The Honorable Hal R.Valeche, Dis�rict 1 Cemmissioner Patricia Behn, Senior Planner, PBC
Rebecca D Caldwell,PZ&B Executive Director Tammy Lee, Engineering Dept.
Michael Couzzo Jr.,Village Manager Tequesta Jo-Anne Rockoff,SherifPs Office
Bob Banks,AICP,Chief Land Use Cour,ty Atto�ney
\\pbcqov\pzb\clata\Planning\IntergovernmentalWnnexations12013 Fiscal Year\Letters\Teq-Riverside Dr 8c
fianrinninta Rafaranrli im_.li ma7�1 4 r!nr•r
� �` � VILLAGE OF TEQUESTA
To: Mayor and Village Council
From: Nilsa Zacarias, AICP, Director of Community Devel�pment
Date: June 3, 2013
Ref.: Ordinance 16-13 & Ordinance 17-13
Annexation Referendum of Area C and Sanpointe Bay Condominium
The Village of Tequesta is pursuing an annexation referendum on August 27, 2013. In
compliance with Florida Stc�tutes, Village staff has conducted the following tasks:
URBAN SERVICE REPORT
Per Florida Statutes 171.0413, the Viltage of Tequesta transmitted to Palm Beach County two
Urban Service Reports pertaining to the following proposed annexation areas:
- Ordinance 16-13 prov�des for �he annexation referendum of properties inclu�ed in Area
C- Riverside Pines, Riverside on the Loxahatchee, River Pines, and the Adjacent Unplatted
Area.
- Ordinance 17-13 pro��ides for the annexation referendum of properties in.clucled �n
Sandpointe Bay Condor;�•'nium.
The subject reports shall be fi:ed with tne Boar� of County Commissioners at least fifteen days
prior to the Village initiating anr�exation preceedings. First Reading of Ordinar�ces 16-13 and 17-
13 will be �une 13, 2013; and Secard R�ading o# thz s��bject Ordinarces �nrill be r.ond���ted cn
July �1, 2013. Both Urban .Service R�:�vrts were submitted to PGIm Beac�h County on, May ?3,
2013.
WRIITEN NOTICE TO RESIDENTS/PR4PERTY C�!NNERS
Pursuant to Florida Statutes 1?1.042 (3), the Village of Tequesta shall prcvide te resic�ents and
property owners of the subject a^nexation areas a written notice of the annexatior� Ordinances
ten (10) days prior of th� First Reading of the Ordinances. The subiect writte.n nofiices �r✓ere
mailed on Mav 29, 2013.
ORDINANCE N0.16-13
AN ORDINANCE OF THE VILLAGE COUNCIL OF TI-IE VII.,LAGE OF
TEQUESTA, FLORIDA, PROPOSING TI� ANNEXATION INTO THE
VILLAGE OF TEQUESTA OF APPROXIMATELY 44.52 ACRES, MORE OR
LESS, OF UNINCORPORATED LAND KNOWN INFORMALLY AS RNERSIDE
PINES, RIVERSIDE ON THE LOXAHATCHEE, RIVER PINES, AND THE
ADJACENT UNPLATTED AREA, AND MORE PARTICULARLY DESCRIBED
HEREIN; PROVIDING THAT A REFERENDiJM VOTE OF TI� REGISTERED
ELECTORS OF TI� AREA PROPOSED TO BE ANNEXED SHALL BE HELD
AT A SPECIAL ELECTION CALLED FOR THE PURPOSES OF HOLDING THE
REFERENDLTM ON AUGUST 27, 2013 PURSUANT TO SEC. 171.0413,
FLORIDA STATUTES AND SEC. 4.02 OF 'TI� VILLAGE OF TEQUESTA
CHARTER; PROVIDING BALLOT LANGUAGE AND INSTRUCTIONS TO
VOTERS; PROVIDING FOR NOTICE OF TI� REFERENDUM; DIRECTING
THE VILLAGE CLERK TO COORDINATE WITH THE PALM BEACH
COUNTY SUPERVISOR OF ELECTIONS, AND PROVIDE A COPY OF THIS
ORDINANCE TO TI� CHIEF ADM�iISTRATIVE OFFICER OF PALM BEACH
COUNTY AND 'TI� DEPARTMENT OF STATE WITHIN SEVEN (7) DAYS
AFTER ITS 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, desires to annex certain
parcels of uni.ncorporated land into the Village of Tequesta; and
WHEREAS, said parcels are informally known as Riverside Pines, Riverside on the
Loxahatchee, River Pines, and the Adjacent Unplatted Area, and are comprised of approximately
44.52 acres, more or less; and
WHEREAS, the Village Council of the Village of Tequesta has made a finding that said
unincorporated parcels are reasonably compact, conriguous to the Village of Tequesta, and are
developed for urban purposes in a�ccordance with Sec. 171.043, Florida Statutes; and
WI�REAS, pursuant to the requirements of Sec.171.0413, Florida Statutes, and Sec. 4.02
of the Village of Tequesta Charter, the Village of Tequesta will submit to the registered electors of
the area proposed to be annexed the question of annexation by referendum to be held at a special
election called for the purposes of holding the referendum on August 27, 2013; and
WHEREAS, the Village of Tequesta has caused to be prepared an urban services report for
the azea proposed to be annexed, and has provided same to the Paim Beach County Board of County
-1-
Commissioners pursuant to Sec. 171.042, Florida Statutes; and
WHEREAS, the Village of Tequesta. has complied with a11 notice requirements of Sec.
171.0413 and 171.042, Florida Statutes that pertain to this ordinance; and
WHEREAS, it is the opinion of the Village Council that it would be in the best public
interests that the real properly described herein be annexed into the Village of Tequesta, upon
approval of such annexation by the registered electors of the area proposed to be annexed at a
referendum to be held at a special election called for the purposes of holding the referendum on
August 27, 2013.
NOW, THEREFORE, BE IT ORDAINED BY THE VII.LAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: The above recitals are true and correct, and are hereby incorpora.ted and made
an integral part of tlus ordinance.
SecNon 2: The unincorporated land, consisting of approximately 44.52 acres, more or
less, legally described as set forth on E�ibit A and made a part hereof, and as depicted on the map
attached hereto as Exhibit B and made a part hereof, is hereby proposed for annexation into the
Village of Tequesta pursuant to Secrion 171.0413, Florida Statutes, as pernutted by Section 4.02 of
the Village of Tequesta Charter.
Section 3: The Village Council of the Village of Tequesta hereby submits to the
registereci electors of the area proposed to be annexed the question of annexation by referendum to
be held at a special election called for the purposes of holding the referendum on August 27, 2013.
Section 4: The language to be placed on the August 27, 2013 ballot regarding said
referendum shall be as follows:
VILLAGE OF TEQUESTA ANNEXATION OF RIVERSIDE PINES,
RIVERSIDE ON THE LOXAHATCHEE, RIVER PINES, AND THE
ADJACENT UNPLATTED AREA
Sha11 the Village of Tequesta annex the real property informally known as Riverside
Pines, Riverside on the Loxahatchee, River Pines, and the Adjacent Unplatted Area,
-2-
as that properry is fully described in Ordinance No.16-13 of the Village of Tequesta,
Florida, effective upon the approval by a majority vote of the registered electors of
the area proposed to be annexed?
YES — For annexation into the Village of Tequesta. of the real property fully
described in Ordinance No. 16-13 of the Village of Tequesta.
NO — Against annexation into the Village of Tequesta. of the real property
fully described in Ordinance No. 16-13 of the Village of Tequesta..
Section 5: Pursuant to the requirements of Sec. 171.0413(2)(b), Florida Statutes, notice
of the referendum on annexation shall be published once each week for two consecutive weeks
immediately preceding the da.te of the referendum in a newspaper of general circulation in the area in
which the referendum is to be held. The form of said notice sha11 be pursuant to the requirements of
Sec. 171.0413(2)(b), Florida Statutes.
Section 6: The Village Clerk is hereby directed to coordina.te with the Palm Beach
County Supervisor of Elections in order to include the above ballot question and language on the
August 27, 2013 special election ballot for the property located in the area proposed for annexation.
Sectian 7: The Viliage Clerk is hereby directed to provide a copy of this ordinance to the
Chief Administrative Officer of Pa1m Beach County and to the Deparlment of State within seven (7)
days of the adoption of this ordinance.
Section 8: All Ordinances of parts of Ordinances in conflict herewith are hereby
repealed.
Section 9: 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 declazed invalid.
Section 10: This Ordinance sha11 take effect immediately upon adoption. The real
property described herein sha11 be annexed into the Village of Tequesta subject to an affirmative vote
of the registered electors of the area proposed for annexation, to take place on August 27, 2013.
-3-
EXH1BlT "A"
ViLLAGE 4F TEQUESTA
ANNEXATIOtV AREA "C"
LEGAL DE�CRIPTt�N
A PARCEL �F LANd LYING IN SECTlON 25, TOWNSHIP 4Q SOUTIi, RANGE 42 EAST, PALM
BfACH C�UNTY, Fi.ORfDa, BEtNG ALL OF THE PLAT OF RIVERSiDE PlNES, AS RECORQED
IN PLAT BOOK 43, PA�ES 18 AND 19, PUBLIC RECQRDS OF PALM BEACH C(JUNTY,
FLC7RlDA, ALL OF THE PLAT OF RIVER PINES, AS RECORQED iN P[AT BQOK 38, PAGES
15 AND 1&, RU8L1C RECORDS O� PALAl1 BEACH CDUNTY, FLORIDA; LOTS 1 THROUGM 11,
BLOCK 3 ANQ THE RiGHT-0E-INAY OF NORTH DRIVE, AS SHOWN A1dD REGORDED IN PLAT
B40K 9, PAGE 4, PUBLIC RECORDS QF PALM BEACH COUNTY, FLORIDA; THE UNPLATTED
NC)T tNCLUDED PARCELS UF LAND, SHOWN 1N TFfE PLAT OF TEQUESTA PiNES, AS
RECORDED IN Pi.AT BOOK 34, PAGE &4-�i9, PUBLtC RECOftDS OF PALM BEAGH C�UNTY,
FLQRfDA; THE RfGHT-OF-WAY OF RlVERSIDE DRNE THAT LIES AI?JACENT TO THE
PRECFDING �ESCRIBED PLATS AN� PARCELS; THE SUBMERGED LAND 0� THE NORTH
FORK OF THE LOXAHATCHEE RNER, BOUNDED ON THE EAST BY 7HE'W�S'fERtY SHQRE
L1NE OF SAfD LOTS 1 THROUGH 11, BLaCK 3 AND NQRTH DRNE RtGHT-OF-WAY
OF SAI� PLAT OF RiVERSIDE ON THE LOXAHATCHEE, BOUM1IDED 4fd THE SOUTH BY THE
NORTHWESTERLY EXTEN31t7N OF THE SOUTHERLY PROPERTY LINE QF SAiD LOT 1'!,
BtOCK 3, OF SAID PLAT O€ RfNERSEDE ON THE LOXAHATCHE�, BOUNDED QN THE VI�ST
BY THE CENTERLINE OF THE NORTH FORK OF THE LOXAHATCHEE RNER, SOUNQED ON
THE MORTM BY THE EAST-WEST QUARTER SECTiON LfNE OF S/�t[D SECTION 25, �EIPiG
MORE PAR7lCULARLY DESCRIBED AS FOLLOWS:
BEGIN AT TNE tNTERSECTfON OF THE CENTERLINE E�F THE NORTF# FORK OF THE
LOX�4HATCHEE RIVER WITH NORTHWESTERLY EXTENSI�N OF THE 50UTHERLY PROPERTY
LINE OF SAtD L�T 11, BL4CK 3, RIVERSiDE ON ThtE LOXAHATCHEE; THENCE
SOl1THEASTERLY ALONG SAlD NORTHWESTERLY EXTENSIDN AND ALQNG SAI[3
SOUTHERLY LlNE OF SAI� LOT 11 AND ALSO ALONG 7HE SOUTHEASTERLY EXTENSfON
OF SAID LOT 11 70 THE S�UTHEASTERLY FtIGHT-OF-WAY LiNE OF RIl/ERSID� DRIVE;
THENC� SOUTHWESTERLY ALONG SAID SOUTHEASTERLY RiGHT-OF WAY LIPIE TO THE SOUTH
LfNE OF SAID PLAT OF RIVERSiDE RINES; THENCE EASTERLY AL�NG SAID SOUTH LINE
C?F RNERSIDE P#NES TO THE EAST L{NE OF SAl� RNERSIDE PtNES; THENCE N�RTHERLY
ALONG SAiD EAST LiNE O� RlVERSiDE P11dES TQ THE NORTN L�NE QF SAID RIVERSlOE
PINES; �HENCE VWESTERLY ALONG SAlD NORTH LIN� OF SAID RNERSI�E PINES TO THE
EASTERLY R1GHF-OF-WAY LINE OF RIVERSIDE DRIVE; THENCE NOfZTHERLY ALONG S�►ID
EASTERtY RIGHT-OF-WAY LtNE TO THE SOUTH LINE E)F A NQT tNCLUDED TRAG7
BETWEEN PARGEL 8 AND PARCEL C AS SHOWN ON SA1D P1AT OF TEQUESTA PlNES; THENCE
EASTERLY ALONG THE SOUTH LINE OF SAlD IdOT INCLUDED TRACT; THENCE NORTHERLY
ALONG THE EAST LtNE OF SAID TRACT; THENCE WESTERLY Al.ONG THE MORTH L1NE �F
SA�D TRACT TO THE EAST RIGHT-�F WAY LfNE flf RNERSiDE DRIVE; THEAICE N4RTHERLY
AL�NG SAiD EAST RtGHT-OF-WAY LINE TO THE 50UTH �INE �F A NOT INCLUDED TRACT
LLZ1L� 1
ANX3 ASSOCIATES, INC.
Surveying and Mapping
f 12 N. ll. . Highwa}r No. 1
Teqtt�ta, FL 33468
Phone: (561 � 74Fr6424
BU91N€SS LICEN3E: I.B�FZi9E
QATE: MAY 20, 2013 SHEET 9 OF 2 d08 NO.: 0$-077-13
EXHlB1T "A"
VILLAGE OF TEQUESTA
ANNEXATION AREA "C"
LYING NORTH OF SAI� PARGEL B, OF 7HE PLAT OF TEQUESTA PINES; THENCE EAS7ERLY
ALONG SAfD SOUTH LINE TO THE EAST LINE OF SA1D NOT INCLUL?ED TRACT; THENCE
NORTHERLY ALONG SA{� EAST Ll�#E TO THE NORTH LINE OF SAtD NOT lNCLUDED TRACT;
THENC� V1fESTERLY ALONG TME NORTH LINE OF SAID TRACT 70 THE PIQRTHEASTERLY
RIGHT-OF-WAY LINE Oi� RtVERS1DE pRNE; THENCE NORTFIVIIESTERLY /4Lf,�NG SAI�
NORTHEASTERLY RlGHT-OF-WAY LINE i'O THE NORTHERLY EXTENSiON OF THE EAST LiNE
OF L07 147 O� SAiQ FLAT OF TEQUESTA PiNES; THfNCE SOUTHERLY ALONG SAID
1dORTHERLY EXTENSIOId A�ND ALQNG THE EAST LINE OF LOTS 147, 146 AND 145 OF SA{U
PLAT O� TEQUESTA PiNES; TO THE NORTH kINE OF SAID PLAT OF RNER PtNES; THEh1Cf
WES7ERLY ALONG SAID NORTH LlNE TO THE IlIi�ST LiNE OF L4T 5 OF SAID PLAT OF
RiVER PINES; THENCE SOUTHERLY ALONG SAID V1tEST LiNE OF LOT 5 TO THE NOFtTH LiNE
OF L07 6 OF SAfD PLAT OF RNER PINES; THENCE WESTERLY ALONC, SAfD NORTH LINE
OF SAID LOT 6 TO THE WEST LfNE OF SAID LOT 6; THENGE SDUTHERLY ALONG SAtD
WEST LiNE QF LOT 6 RNQ 1TS SOUTHERLY EXTEMSiON TO Tl1E EAST-U1�ST QUARTER
SECTION L1NE UF SA[D SECTION 25; THENCE WESTERLY ALfJiVG SAID EAST VIIEST
ClUARTER S�CTION LfNE TO THE CENTERLINE OF iNE NORTH F�RK OF THE
LOXAHATCHEE RNER; THENCE SOUTHERLY ALONG SAfD CENTERUNE T� THE POINT
OF BEGINNING.
CONTA�NING 44.52 ACRES, MORE OR LESS.
DAILE�
AND ASSt3CIAT�S, INC.
Surveying and Mapping
712 N. U.S. H'ighway Ido. 1
T , FL 3346D
Phone: (581) 746-8424
BUSiNESS 4.fCE1VSE: L�t270S
DATE: MAY 20, 2013 SHEET 2 OF 2 JOB NQ,: 0&077-13
__ _ . . ____ _ _ ___ _ _ _.
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SKETCH OF LEGAL
(THIS IS NOT A SURVEY)
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ANNEXA710N AREA "C" � AssocrA�s, nvc.
c.. Surveyin� and AAappin
D . DAI 7 Ta H. v. . Wi�r Ho. i
ROFESS I�lAL SURVEYO & MAPPER T �''�' ��' ��
Phone:(561)749-8424
FLORIC�A REGISTRATION No.: 2439 BUSlNE35 UCENSE: L�F 27�
�ATE: MAY 20, 2413 SHEET 1(3F 1 JOB NO.: 08-077-'[3