HomeMy WebLinkAboutDocumentation_Regular_Tab 18_07/11/2013 VILLAGE CLERK'� Redistributed from June Council Meeting
AGENDA fTEM TRANSMITTAL FORM
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; Meeting Date: i Meeting Type: Regular � Ordinance #: 17-13 �
� 6/13113
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� Consent Agenda: No Resolution #:
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; Originating Department: 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 Unincorpora#ed Land Known {nformaily 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, 2Q13 Pursuant to Sec. 171.0413, Florida statutes and sec. 4.02 of the village of
Tequesta charter; providing ballot language and instructions to voters; praviding for notice of the referendum
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Account #: Amount of this item: �
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� Current Budgeted Amount Available: �Amount Remaining after item:
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Bud et Transfer Re u'red: - ___----
g y � pprapriate Fur�d Balance.
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Department Head : ��,�?
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Finance Director �� .
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Reviewed for Financial Sufficiency ❑
No Financial impact ❑ `_��f��`� I
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Attorney: (for legal sufficiency) :
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Village Manager: - j
� Submit for Caur�cii Discussion: [� I
� Approve Item: ❑ I �
; Deny Item: [] �
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�orm Amended: 7'/12/12
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�' VILLAGE OF TEQUESTA
To: Mayor and Viilage 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 Sanpo+nte Bay Condominium
The Village of Tequesta is pursuing an annexation referendum on August 27, 2013. In
compliance wit�� Florida Statutes, ViNage staff has conducted theroliowing tasks:
URBAN SERVICE REPORT
Per Florida Statutes 171.0413, the Viilage of �equesta transmitted to Paim Beach County two
Urban Service Reports pertaining to the foflowing proposed annexation areas:
- Ordinance 16-13 provides for ��ye a;�nexati�n referendum o� properties inclucied in Arcc�
C- Riverside Pines, Riverside on the Coxchatchee, River Pines, and the Adjacent ilnplatted
Area.
- �rdinance 1?-13 provides for the anr.e.xa*ion referendum of properties included i��
Sandpainte Bay Condomi,rum.
1 t�,+� s�,�;j�ct re�?orts sha,l be file� w:th the Scard o� Coun�.v Ccmmissioners at least fifte��, d���fs
�:rie�r to th�� Vill��e initiating a:7;�exati�n p� oce.edir��.;. F�rst itt�adir:g of Ort�linances 16-L3 an� �;j
13 ��v�l! `�e S;sne 1? 2013; ar:d Second Re=!:?ing �f the s�;5ject flrd;na:�ces w;a! �e cor��cter; ����
�!l�y �?�; �.`)�i �J`�7 (IT���r/) �i"/'IfCC' /� , 'i_4 4Y�'CC` �t1ftiC1?t1r � t�', P�t�;'l; PE'C�rf� C�ftilt�- t)F; ;�/7(lt�� 7; I
�'(1'1 _
vfkl`i�"frN f�U'fICE 1 U RE51D�N1'S/i'R�F�ER.T Y ij1�V�EF�.°.
�u; suant to F(orida Statutes 171.042 ,3j, the Village c�i 1 eq���s�«� shull pr�ov:d� t� ;�esider�i, t�r���1
prcperty awners of the subject annF�:aticn ar�as a written n:�tice of the annexaticn Or�inaric F�s
tnn (1Q) days prior of the First Rnzdinh of the �Jr��r:Gnces. The_�ubLect v_:�ritten notice� ;v;��r��
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�rir.rled �n_May 9_?_t)2;�.
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J�me 5, 2013
Department of Plannin�,
Zoning & Building (�ilsa Zacarias
�30o N�«t, ���g K��3�1 i Community Development Director
wes� Ya�m ��a�n, �=� s�an �z�a� � Village of Tequesta
«��i z33-soo�� ' 345 Tequesta Drive
i Tequesta, FL 3346�J-027.>
Planning Division 233-5300 �
Lonin Divfsion 233 5200 �
� I RE: Proposed Anne�cazi�r�s �6ve��side �r �-lre� � l��i��re�s���aaE, �t�'33-6J-�G�
�wldin� Divisfon 233-5100 i.
c�ae cnt�r���T,��t z_>:�-s�c�o j &�andpointe Bay Referemdum, 2013-60-003
Con[rac[ors Cerrificarion 233-552� �
Adnun�stration Offia� G3 i��005 I Dear Ms. Zacarias:
Execuuve OfFice 233-5228 �
•.� j , � i .� l ,�,,,� Z � ' Thank you for providing the County with the Urban Services Reports for two
� praposed referendum annexations summarized belaw:
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� ' ��Name �j Descriptian
Riverside Dr Area C � -- — -- --_ — -- ---- -- q _ - --
� �Acres: 28 99 �
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Palm Beach County i�I Referendum �,�Location: VVestleast sides of N Riverside Dr, north of Te uesta Dr �)
Board of County i !'
I � ��First Reading: 6/13/2G13 Second Reading: 7/11/2013 il
Commissioners � 2Q13-60-Q02 IReferendum: 8127/20'13 EffeCtive: 9/6/2013 '�
� IL_ � �I
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Steven L Abrams, �layor ; ;`— - ---_ - - - --- --- -- �
!I Sandpointe Bay Acres: 7.49 i
r���,5�-,u� � Tayio�� �>�ct ��ayo� r�� Refe►�endum ;�Locatiorr. East side of US Highway 1, less than 1,000 fit south of
��� � the Martin County �oundary i
l�a! tt va�?cne '' �
;( 20'�3-6Q-003 First Reading: 6/'13i2013 Second Reading: 7/11/2013 j
Na�,�e«e �����i;��,< � Referendum: 8/2l/2013 Effective: 9l6/2013 ;
�! -- _ __ ---- _ -- ------ _ _ - _ - -- -� -------- -- - __ ___—'
Shellev 1%ana �
';�1e jii c^aC':IIEXc^�t10(1S V��c?ic' �I"n� �`+-.SSB�Y irtiOU�il iil2 �'vUCii��S �
ti�a�y L-'�a E'����� Keview Process. County staff has not identified any incansistencies with Chapter
��55 K sa�,�,,,,,�,� ' 171, (=lorida Statutes. The following comments were submitted by the County
; Departments and Agencies throug� the departmental review:
�
i Riverside Dr Area C Referendurn
County Administrator ,� m County's Engineering staff requests that a transfer of ownership, operation
k��t�,< <.v��5<<„I, ; and maintenance of the following rights-af-way be processed for Area C:
' �iverside Dr, Nicole Cir, Co�lette Dr and River Pines Ct. An interlocal
i agreement between the Countv and the Village shauld be pr�cessed ta
� transfer the rights-of-way upon or after the effective date of the referendum.
! � The Palm E3each Sheriff's OfFice recommends that upon approval of the
referendum all lav� enforceme� �T needs on the roadways that fall within the
� ininiici�ality should be i��spc�nded to by Tequesta Police Department.
°An Egunl Opporturti±y ��
AfJir�rna!iv� A��Eron Lmpl��-er
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����'�'' �� 1 ei/t�asia Arr�iexatior�s
, � �- �, Vli2dnesctay, June 05. 2013
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+�L�� Sar�dpaint Bay Referendum:
a County's Engineeri��g staff states that the US-1 right-of-way shouid be
incl�aded in the annexation area Since this is a State-maintained road,
there is no requirement �o transfer the operation and maintenance.
� l�he Palm Beach Sheriff's Office encourages the Village to continue its
efforts towards the annexation of the remaining unincorporateci area
:J�u���{>� r� �cii��g the �roposed Sandpointe Bay annexation.
PIe:34,�, c����t._�ci the faliowing staf{ if y�ia have questions regardina their cor7�ments:
Ue��aitnient of Engin�ering, cor�tact Tarr�my Lee at 561-684-4019; Sheriff's Office,
contact Jo-Anne Rockoff at 561-688-3274. For any other questioris or com���ents,
contact Patricia Behn, Senior Planner, at 561-233-5332.
Sincerely,
i ,���,v � _
Lorenzo Ag emo
Plar�ning Director
cc The Honorabie Hal R Valeche, Dis�ric! 1 Cemrrussioner Patncia E3ehn. 5enior Pianner PHC
Rebecca D Caldw�ell. PZ&B Execuiive L`irecior Tanmiy Lee, Engineenng Dept
r�nichaei Couzzo Jr , Village Manager Tequesta Jo-Anne Rockoff, Sheriff's Office
Bob 8anks, AICP, Chief Lar�d Use �:ourty Attomey
, ,
� x,, �� bl+l�ii �(�I�t�infn �.Intcn�.�, i�;e����.i1;�nii��:_.3iwn_,:'t�l i�sc�3i 1�����t:_r��,i°:Al�!1-�u..�i:�:u�?i>� r�
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ORDINANCE N0.17-13
AN ORDINANCE OF THE VILLAGE COUNCIL 4F THE VII,LAGE OF .
TEQUESTA, FLORIDA, PRUPOSING THE A►NNE�CATION INTO TI�
VII.LAGE OF TEQUESTA OF APPRO��MATELY 13.16 ACRES, MORE OR
LESS, OF UNINCORPORATED AREA KNOWN INFORMALLY AS
SANDPOINTE BAY CONDOMINIUIVi, ANB MORE PARTiCULARLY
DESCRIBED HEREll�T; PROVIDING THAT A REFERENDUM VOTE OF TI-iE
REGISTER�D ELECTORS UF THE AREA PROPOSED TO BE ANNEXED
SHALL BE HELD AT A SPECIAL ELECTI4N CALLED FOR Tf-iE PURPOSES
OF HOLDING THE REFERENDUM ON AUGUST 27, 2013 PURSUANT TO
SEC. 171.0413, FLORIDA STATUTES AND SEC. 4.Q2 OF THE VILLAGE OF
TEQUESTA CHAR.TER; PROVIDING BALLOT LANGUAGE AND
INSTRUCTIONS TO VOTERS; PRUVIDING FOR ATOTICE OF TF�
REFERENDUM; DIRECTITIG Ti-� VILLAGE CLERK TO COOR.DINATE WTTH
THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS, AND FROVIDE
A COPY OF THIS ORDINANCE TO TI� CHiEF ADMINISTRATNE OFFICER
OF PAI..M BEACH COUNTY AND THE DEPARTMENT OF STATE WITHIN
SEVEN (� DAYS AFTER TTS ADOPTION; PROVIDING A CONFLICTS
CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE; AND FOR OTI�R PURPOSES.
WAEREAS, the Village Council of the Village of Tequesta, Florida, � to annex certain
parcels of unincorporated land into the Village of Tequesta; and
w�EREAS, said parcels are inrnrnaauy known as sandpointe say condominium, ana are
comprised of approximately 13.16 acres, more or less; and
WHERF.A.S, the Village Council of the Village of Tequesta has made a finding tl�sat said
unincorporated parcels are reasonably comgact, contiguous to the Village of Tequesta, and are
developed for urban purposes in accordan.ce with Sec. l 71.043, Florida Statutes; and
WHEREAS, p�n�suant to the requirements of Sec.171.0413, Florida Stah�tes, a�d Sec. 4.02
of the Village of Tequesta Charter, the Village of Tequesta will submit to the registered electors of
the ar�ea proposed to be annexed the question of anne�catioa by refecendum to be held at a special
election calted for the purposes of holding the referendum on August 27, 2413; and
WAEREAS, the Village of Teque.sta has caused to be prepared an urb�n services report for
the area proposed to be annexed, and has �avided same to the Palm Beach County Boarrl of County
Commissioners pursuant to Sec.171.042, Florida Statutes; and
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WI�REAS, the Village of Tequesta has complied with all notice re,quirements of Sec.
171.0413 and 171.042, Florida Stalutes that pertain to this ordinance; and
WHEREAS, .it is the opuuon of the Village Couacil that it would be in the best public
interests #hat the real pmperiy described herein be annexed into tl� Viilag� of Tequesta, upon
appmval of such an�xation by the registered electors of the area proposed to be aanexed at a
referendum to be held at a special election c,alled for the purpases of holding the referendum on
August 27, 2013. �
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VII.LAGE OF TEQUESTA, FLORIDA, THA►T:
Sectioa 1: 'I]�e above recitals are true and corneck and are hereby incorporated and m�de
att integral part of ttus ordinance.
S�on z: The unincorp�rated land, consisting of approximately 13.16 �cr�s, more or
less, legally described as set forth on Exlribit A and made a part hereof, and as depicted on the map
attached hereto as Exhibit B aad made a part hereo� is herehy proposed for annexation into the
Village of Tequesta pursuant to Section 171.0413, Florida Statutes, as permilxed by Section 4.02 of
tl� Village of Tequesta Chanter.
Section 3: The Village Council of the Village of Tequesta hereby submits to the
registered electors of tb.e area. proposed to be annex� the question of annexation by referendum to
be held at a special election c;alled for the purposes of holdin.g the referendum on August 27, 2013.
5ection 4: The language to be pla�d on the Aagust 27, 2013 ballot regarding said
referen�un shall be as follows:
VILLAGE UF TEQUESTA ANNEXATION OF SANDPOINTE BAY
CONDOMINIUM
Shall the Village of Tequesta annex #he real_ properiy informally lrnown as
Sandpointe Bay Condominium, as that pmperty is fully described in Ordinance No.
17-13 of the V'illage of TequesKa, Florida, effective upon the approval by a majority �
vote of the r�gistered electors of tl� area proposed to be annexed? �
-2-
YES — For annexation into tt�e Village of Tequesta of the real property fully
described in Ordinance No. 17-13 of the Village of Tequesta.
NO — Against an�xation inta the Village of Tequesta of the real prop�rty
fully described in Ordinance No. l'7-13 of the Village af Teq�esta.
SectioH 5: Pwrsuant to the reqiiirements of Sec.171.0413(2xb), Florida Statutes, notice
vf the referendum on annexarion shall be published once each week for two consecutive weeks
immediately pre�ing the date of the refereadum in a newspapec of general circulation in the area in
which the referendum is to be held The form of said notice shall be pursuant to die requirements of
Sec. 171.0413{2xb), Florida Sta�irtes
Section 6: The Village Clerk is h�+eby directed to coordinate with the Pa1m Beach
County Sugervisor of Elections in or�er to include the above ballot qu�stion and language on #he
. August 27, 2013 special election ballot for the pmperty located in the area proposed for annexation.
Seetwn 7: The Village Clerk is hereby directed to provide a cogy of this orciinance to the
Chief Administrative Officer of Palm Beach Couniy and to the Department of State wi�in seven ('7)
days of the adoption of this ordinance.
Section 8: All Ordinances of p�rts of Ordinances in conflict herewith are hereby -
rePealed•
Section 9: Should any Section or pmvision of this Chdinance or any portion theraof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
decision sha11 not affect fihe validity of the remainder hereof as a whole or any p�rt thereof other than
the part to be declared invalid
Section 1Q: This Urdinance shall take effect immedia�teely upon adoption. The rea1
P�P�Y described herein shall be annexed into the Village of Tequ�sta. subje+ct to an affnnative vote
of the registe7ed electors of the area proposed for annexation, to take place on August 27, 2013.
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EXHIBIT nA
VILLAGE OF TEQUESTA
ANNEXATION OF SANDPflItdTE BAY
GONDOt�INIU�f
LEGA� DESCRIPTIQIV
A PARCEL OF I.AMD LYING IN GOVERNMENT LOT 1, SECTION 30, TOWNSNIP 40 SOUTli,
RANGE 43 EAST, PAL1�11 BEA�H C4UNTY, FLQRIDA, BEING ALL QF THE FLAT OF �+RNDPQINTE
��, AS RECORfJED� IN Pt�tT BQOi� 42, PAGE t t� /KNfJ t20, Ft1BLIC� RE(�?RQ! 8F PRLA�
BEACH COUNTY, FLORIDA AND THE A�JACENT SUBI�Rti�D LAND lYIN(� EAST OF SAID PLAT
OF SANQPOIi�TE BAY fXTEhIDING TO THE CENTERLINE OF THE INTFiACOASTA4. WATERWAY,
AND B�ING MORE PAR7ICULARLY DE3CRIBED AS FQLtOWS:
FRDM THE IARERSECTION OF TtiE F�fiTERLY RIGHT-OF-WAY LTNE OF U.S. HIGMlWW�1Y ONf
11YITti T-NE �NQRTfi �LiAIE OF T� SOU�t# 450 F�E7 OF GQVERf��lT lA� '�, +SEC�OA1 90,
70WNSHIP 40 SOUTH, iiANGE 43 EAST, PALM BEACH COttN'fY, FLbRIDA; TMENCE
EASTEHLY ALONG SAID NORTH LINE AND I7S EASTERLY EXTEN.SI�1 TO TNE CENTERLINE
OF THE INTRACOASTAL WATERINAY, THENCE �OUTMERLY ALONG SAID GENTERttl� OF THE
INTRACOASTAL WATERWAY TO A LINE LYING 15 FEET, NfORE OR LESS, N(?RTH OF AND
PARALLEL TO THE PIQRTH LINE pF LOT 1, BLOCK 8, JIfPI'�ER HfIGHTS, AS RECORDED
IN PLAT BOOK 23, PAGE 69, PUBIIC RECORDS �F PA��t BEACH COUNTY, FLORIdA AND
ITS EASTERtY EXTENSION; THENGE WE3TERLY Ai.81+Ki SAID PARALLEL LII� TO THE
l�RTHERI.Y fXTENSION OF THE 111�ST PROPERTY LINE OF �AID LOT 1, THEf�E
SOUTHERLY ALUNG SAID NORTHERLY EXTENSION 1S FEET, WIORE �i LES3, TO TME NOR'1'li
LIME OF SATD �LAT Of JUPITER HEIGHTS; TNEI�E iNESTERLY ALONG SAIO NOR7'H LINE
OF JUPITER HEIGHTS AND ITS WESTERLY fXTEMSIO�I TO $AID EASTERLY RIGi�i't'-OF-YYAY
LINE OF U.S. HItiMNAY ONE; THENCE NORTHfRIY AL4NG SAIO EASTERLY RItiHT-OF-WAY
LINE �'0 TNE PDINT OF SEGINNIPIG.
CQNTAINTNG 13.16 ACRES, MORE OR LESS.
DAIL�Y
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tt� . u. . ►i�y No. t
T�quee4, F� 33N9
Photis: {561)'�48-84Z4
eu��ss uc�: �er zr�
DATE: MAY 20, 2U13 SHEET 1 OF 1 JOB NO.: OB-077-13
EXHIBIT "B"
SKETCH C}F LEGAL
(THIS IS N�T A SURVEY}
� NIARTIN COl1NT`(
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� GRAPH 1�SCA� IN FEET
VILLAf3E 80lJND�ARY
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PB = PLAT BOOK
PG = PAGE
POS = POINT OF BEGMINtNG P►"'`
� = CENT�RLINE
Vf�.�.AGE C3� TEQUES�A ��i� 1
ANNEXATtON SAIVDPOINTE BAY � A���'� �G
c... -" Sunreyin� �nd NIapP��9
. DAlLE1f 1 �2 ►v. u.1�Mr�ray �o. t
PRUFESSI L SURVEYOR 8� N4APPER F°q `� ° ' �" �
Pf�orre.;561) 74e•94TA
FLORiDA REGISTRAT{ON No.: 2439 eua�NEas uc�sE: c.�2�e
DATE: MAY 20, 20'!3 SHEET 1 OF 1 JOB NO.: t�-077-13