HomeMy WebLinkAboutDocumentation_Regular_Tab 12_06/13/2013 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 17-13
6/13/13
Consent Agenda: No Resolution #:
Originating Departxnent: Attorney / Clerk
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Ordinance 17-13, First Readinq, Proposing the Annexation into the Village of Tequesta of Approximately
13.16 Acres, more or less, of Unincorporated Land Known Informally as Sandpointe Bay Condominium, and
more 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: �hoose ar� Appropriate Fund Balance: Choos� an ite�n.
` • � •' . � • •
.�•-� • .
Department Head �
Finance Director � � �-�� �� �� �,� F � �y ��u "' � � �, � �?,�
Reviewed for Financial Sufficiency ❑
No Financial Impact ❑ �
Attorney: (for legal sufficiency)
Village Manager: ,l _� �- --��,
Submit for Council Discussion: ❑
Approve Item: ❑
Deny Item: �
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.- . ..- . . -.. .._ . . -
Form Amended: 7/12/12
�
� ` VILLAGE OF TEQUESTA
To: Mayor and Village Council
From: Nilsa Zacarias, AICP, Director of Community Development
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 Flarida Statutes, Vilfage staff has conducted therollowing tasks:
URBAN SERVICE REPORT
Per Florida Statutes 171.0413, the Village of Tequesta transmitted to Palm Beach County two
Urban Service Reports pertaining to the following proposed annexation areas:
- Ordinance 16-13 provides for the aniiexation referendum of properties included in Area
C- Riverside Pines, Riverside on the Loxahatchee, River Pines, and the Adjacent ilnplptted
Area.
- Ordinance 17-13 provides for the anr.exation referendum of properties included %n
Sandpointe Bay ��rdomi��;um,.
The subject reports shall b� filed with the Soard oz Caunty Ccmmissioners at least fifte�n days
prior to the Village initiating an�exatian procEe�ings. First Reading of C�rdinances 16-13 and s?-
13 wi!! �e Jur�e �3, 2013; ar.d Second Re��ing cf the s�abjECt Or�inan��s w;!I be cond�cted an
J«!y 12 2013. Both Urban Service Re,�orts were submitted ta Palm Beach Countlf on May 23,
2013.
il"JRITTEN NOTICE TO RESIDENTS/PROPEF�TY 01rVNEFtS
Pursuant to Florida Statutes 171.0�2 ;3), the Village cf Tequesta shall provide to e�esidents and
prcperty owners of the subject �,nnexation areas a writ�en natice of the annexaticn Or�inances
ten (10) days prior of the First R�adin� of the Ord�rances. The subiect written notice� were
mailed on May 29, 2013.
ORDINANCE N0.17-13
AN ORDINANCE OF TI-� VILLAGE COUNCIL OF THE VII.,LAGE OF
TEQUESTA, FLORIDA, PROPOSING THE ANNEXATION INTO 'THE
VILLAGE OF TEQUESTA OF APPROXIMATELY 13.16 ACRES, MORE OR
LESS, OF UNINCORPORATED AREA KNOWN INFORMALLY AS
SANDPOINTE BAY CONDOMINIUM, AND MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING THAT A REFERENDUM VOTE OF TI�
REGISTERED ELECTORS OF THE AREA PROPOSED TO BE ANNEXED
SHALL BE HELD AT A SPECIAL ELECTTON CALLED FOR THE PURPOSES
OF HOLDING 'TI� REFERENDUM ON AUGUST 27, 2013 PURSUANT TO
SEC. 171.0413, FLORIDA STATUTES AND SEC. 4.Q2 OF TI� VILLAGE OF
TEQUESTA CHARTER; PROVIDING BALLOT LANGUAGE AND
INSTRUCTIONS TO VOTERS; PROVIDING FOR NOTICE OF THE
REFERENDUM; DIRECTING TI� VII�LAGE CLERK TO COORDINATE WITH
THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS, AND PROVIDE
A COPY OF THIS ORDiNANCE TO T`HE CHIEF ADMIl�TISTRATNE OFFICER
OF PALM BEACH COUNTY AND THE 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 certai.n
parcels of unincorpora.ted land into the Village of Tequesta.; and
Wi�REAS, said parcels are informally known as Sandpointe Bay Condomuuum, and are
comprised of approximately 13.16 acres, more or less; and
WHEREAS, the Village Council of the Village of Tequesta. has made a finding that said
unincorpora.ted parcels are reasonably compact, contiguous to the Village of Tequesta, and are
developed for urban purposes in accordance with Sec. 171.043, Fdorida Statutes; and
WHEREAS, 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 area proposed to be annexed, and has provided same to the Palm Beach County Board of County
Commissioners pursuant to Sec. 171.042, Florida Statutes; and
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4���CN C
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June 5, 2013
Deparhnent of Planning,
Zoning S�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 Enforcement 233-5500 & Sandpointe Bay Referemdum, 2013-60-003
Contractors Certification 233-5525
Administration Office 233-5005 Dear Ms. Zacarias:
Executive Office 233-5228
www.pbcgov.comlpzb 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 of co�nty First Reading: 6/13/2013 Second Reading: 7/11/2013
Commissioners 2p13-60-002 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 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"�� proposed arnsxations w�;e processz�l through the County's ;����xaticn
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:
FZiverside 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 faw enforcement needs on the roadways that fall within the
municipality should be responded to by Tequesta Police Department.
"An Fqual Opportunity
Affirntative Aetion Employer"
�_�.� - 13
��.e,n,�.s ,� ��+--�a.
�printed on recycled paper
P�gP 2
�tiAC�CO Tequesta Annexations
� � �,� Vliednesday, June 05, 2013
a �
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�LORI9A Sandpoint 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 to transfer the operation and maintenance.
• The Palm Beach Sheriffs Office encourages the Village to continue its
efforts towards the annexation of the remaining unincorporated area
surrounding the proposed Sandpainte Bay annexation.
Pleas� contact the following stafF if y�i,� 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.
Sincerely,
i�/��►,P,�,v '
Lor�enzo Ag emo
Planning 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
\\pbcgov\pzb\data\Planning\Intergovernmer�talWnnexations\2013 Fiscal Year\Letters\Teq-Riverside Dr 8c
fianrinninta Rafaranrli im_.li ma7!?1� r!nr•r
WI-iEREAS, the Village of Tequesta has complied with all notice requirements of Sec.
171.0413 and 171.042, Florida Statutes that �rtain 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 property described herein be annexed into tlie 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 VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: The above recitals are ta�ue and correct, and are hereby incorporated and made
an integral part of this ordinance.
Section 2: The unincorporated land, consisting of appro�mately 13.16 acres, more or
less, legally described as set forth on Exhibit A and made a part hereof, and as depicted on the map
attached hereto as Eachibit B and made a part hereof, is hereby proposed for annexation into the
Village of Tequesta pursuant to Section 171.0413, Florida Statutes, as permitted by Section 4.02 of
the Village of Tequesta Charter.
Section 3: The Village Council of the Village of Tequesta. hereby submits 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.
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 SANDPOINTE BAY
CONDOMINIUM
Shall the Village of Tequesta. annex the real property informally known as
Sandpointe Bay Condominium, as that property is fully described in Ordinance No.
17-13 of the Village of Tequesta, Florida, effective upon the approval by a majoriTy
vote of the registered electors of the area proposed to be armexed? �
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YES — For annexation into the Village of Tequesta of tlie real properry fully
described in Ordinance No. 17-13 of the Village of Tequesta.
NO — Against annexation into the Village of Tequesta of the real properiy
fully described in Ordinance No. 17-13 of the Village of Tequesta.
Section 5: Pursuant to the requirements of Sec.171.0413(2)(b), Fdorida Statutes, notice
of the referendum on annexation shall be published once ea.ch week for two consecutive weeks
immediately preceding the date 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 shall be pursuant to the requirements of
Sec. 171.0413(2)(b), Fdorida Statutes.
Section 6: The Village Clerk is hereby directed to coordinate 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.
S�Non 7: The Village Clerk is hereby directed to provide a copy of this ordinance to the
Chief Administrative Officer of Palm Beach County and to the Department of State within seven (7)
da.ys of the adoption of this ordinance.
SecNon 8: All Ordinances of parts of Ordinances in conflict herewith aze hereby
repealed.
Section 9: Should any Section or provision of this Ordinance or any portion thereof, any
paragraph, sentence or word be declazed by a court of competent jurisdiction to be invalid, such
decision sha11 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 shall take effect ixnmediately 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.
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EXHIBIT "A"
VILLAGE OF TEQl3ESTA
ANNEXATION OF SANDPt?INTE BAY
ca�vao�rruru�
LEGAL DESCRIPTION
A PARCEL �F LAND LYING IN GBVERNMENT LOT 1, SECTION 30, TOWNSH�P 4Q SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING ALL QF THE Pi,.AT OF SAfdDiP4IfdfiE
BAY, AS R�CORDED IN PL�tZ B00�C 42, PAGE t 19 Af�D t2a, PUBtTC R€CQR�S 0� P�tLi�
BEACH COUNTY, FLOHIDA AND THE ADJACENT SUBMERGED LAND LYIMC EAST OF SAID PLAT
OF SANQPOIN3E 8AY fXTENDING TO THE CENTERLINE �F THE INTI�4CQAS7AL WATERWAY,
AND SEING MORE PAflTICULARLY DESCRIBED AS FOLLOWS:
FROf� THE INTEflSECTIOfi� OF THE EASTERLY RIGHT-OF-WAY LTNE UF U.S. HIGHWAY ONE
WITH T�lf AIQRTf� L�NE D� T_Hf SOtJTH 45Q FE�� 4F GOU-E#��IMENT �L-0� �, -SECTZOAI 3t�,
TOW(VSHIP 40 S(IUTH, fiANGE 43 EAS7, PALA9 BEACH C�t1NTY, FLORIdA; THE�ICE
EASTERLY ALOf�G 3AID NORTH LENE AND ITS EASTERLY EXTENSIUN T4 TiiE CENTERLIIdE
OF THE INTRACOASTAL WATER�IAY; THENCE SOUTHERLY ALONG SAiD GENTERLIME OF THE
INTRACOASTAL WATERWAY TO A LINE LYING 15 FEET, I�QRE OR LESS, f�RTH OF AND
PARALLEL TO THE NORTH LINE OF LOT 1, BL4CK 8, JUPFT�R HfIGtiTS AS RECOfiDED
IN PLAT BD(3K 23, PAGE 69, PUBLIC RECORDS UF PAL1� BEACH COt7NTY, FLORIDA AND
ITS EASfiERLY EXTEMSION; THENCE WESTERLY AL4NG SAIQ PARAi_LEL LINE TO THE
NOR�HERLY EXTENSION OF THE WfST PROPERTY LIiYE OF SAID LOT 1, TMEPICE
SOUTHERLY ALONG Sf�ID NORTHERLY EXTENSION 15 FEET, NH3RE OR LESS, 70 THE f+�RTH
LINE OF SATD PLAT Of JUPITER HEIGHTS; THENGE WESTEAL�f AL01� SAID l�RTH LINE
�F JUPITER HEIGHTS AND ITS �IIESTERLY EXTENSION TO SRI� EASTERLY RIGHT-OF-VVAY
LINE OF U.S. HIGMNAY ONE; THENGE NORTHERLY ALdNG SAI� EASTERLY RIGHT-O�-WAY
LINE TO THE RDINT OF BEGINiJI1�i.
CONTAINiNG 13.16 ACRES, MORE OR LESS.
�1�1L��
ANI� ASSOCIATES, ING
Surveying ar�cf NfaPP�nS
�Za Pi. [�.s. Mio►TMre�r Ivo. t
Tequeete, FL 33488
Pha�: {561) 748-8424
BUSINESS LICEfiISE: L� 2789
DATE: MAY 20, 2�13 SHEET 1 �F 1 JOB NO.: 08-i?77-13
EXHlBIT "B"
SKETCH OF LEGAL
(THtS IS NQT A SI�RVEY)
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VILLAGE BOUN[3ARY
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COEJNTY L.INE PLAZA
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PB = PLAT B(?QK
RG = PAGE
POS = POlNT OF BEGlNNtNG Q►y"``�
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,-� �l�LLA{�E OF TE{�U�S�"A �tiii.� �
ANNEXATION SANDPOINTE BAY ANA ASSOCIATES, INC.
�-. �� Surveyin� 8nd Ntapping
W. DAILEY i �2 nr. us. t�g�war r�o. �
PROFESSI AL SURVEYOR S� MAPPER � F � �
Ptwtle_ (56'!) 748-6424
FLORIDA REGISTRATION No.: 2439 eus�Ness uce�vs�: �2tes
DATE. MAY 20, 2013 SHEET 1 OF 1 J08 NQ.: 0&077-13