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Home My WebLink AboutDocumentation_Regular_Tab 09L_03/11/2004 INTEROFFICE MEMORANDUM TO: VILLAGE Mt1NAG�R MICHAEL, JR. FROM: COMMUNITY DEVELOPNfENT DIRECTOR, JEFFERY C. NEV(�LL. -;�� SUBJECT: CITY OF DEI,RAY BEACH RESOLUTION NO. 14-04 %� N `� f < DATE: 2/26/2004 CC: Resolution 14 r1 RFSOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING THE PROPOSED AMENDM�NT TO FLORIDA'S CONSTITUTION KNOWN AS THE P'LORIDA HOMETOWN DEMOCRACY CONSTI'I"1'LITIONAL AMFNDMENT; PROVIDING AN EFFECTIVE DAT'E. The proposed amendment to the Florida Constitution would severely encumber any comprehensive plan amendment brought before the Village Council for consideration. The process does allow for public participation under current law. To place an addition step (public referendum) would gready decrease the ability of elected official to conduct the business they were elected for. The Department of Community Development is requesting that Village Council consider in joining with the City of Delray Beach to contest the proposed amendment to the Florida Constitution. The City of Delray Beach's Resolution is attached for your review. Jeffery C. Newell Department of Communiry Development i�' • RESOLUTION NO. 30-03/04 A RESOLUTION OF THE VII..LAGE COUNCIL OF THE VII.LAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, OPPOSING THE PROPOSED AMENDMENT TO FLORIDA'S CONSTITUTION KNOWN AS THE FLORIDA HOMETOWN DEMOCRACY CONSTITUTIONAL AMENDMENT; PROVIDING AN EFFECTIVE DATE. ;` WHEREAS, there is an effort to thwart representative democracy by adopting an ; amendment to the Constitution that would require referenda to adopt or amend local government �: ,comprehensive plans; and, WHEREAS, the potential ramifications of the proposed amendment will increase the costs '" to local governments and taxpayers, thwart private property rights, disturb a uniform process and ;! laws governing land use that is well established, but most importantly, the proposed amendment `; thwarts representative democracy; and, WHEREAS, the proposed amendment will encourage land use by plebiscite rather than � encourage a careful analysis of environmental impacts, stormwater and solid waste issues and a ' myriad of issues that should be and are currently considered; and, WHEREAS, only those citizens voting will make the decisions, not the elected officials ' chosen to represent all citizens. _ NOW, THEREFORE, BE IT RESOLVED BY THE VII.,LAGE COUNCII. OF THE :; VII..LAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: '� Section 1. This recitals are incorporated as if fully set forth herein. ; Section Z. The City Commission of the Village of Tequesta opposes the proposed constitutional ;' amendment that requires referenda on the adoption or amendment of local govemment ' i comprehensive plans. '; Section 3. That the Village Manager and the Village Clerk are directed to file this resolution with ;; appropriate governmental and other authorities and entities in order to make public the Village Council's declaration in opposition to the proposed amendment as set forth herein above. `!' THE FOREGOING RESOLUTION WAS OFFERED by Council Member , who moved its adoption. The motion was seconded by Council Member , and ! upon being put to a vote, the vote was as follows: i� {}Resolution 25 — 03/04 ': "Page 2 � '' FOR ADOPTION AGAINST ADOPTION � !� ` The Mayor thereupon declared the Resolution duly passed and adopted this l lth day of March, ` A.D., 2004. MAYOR OF TEQUESTA ' ATTEST: '' Mary Miles, Village Clerk � � �' i' ORDINANCE NO. 586 ii AN ORDINANCE OF TI-IE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ANNEXING INTO T'HE VILLAGE PARCELS OF LAND, WHICH ARE CONTIGUOUS TO TI-� VILLAGE LIMITS, OWNED BY DEBORAH HOWELL AND DOUGLAS HOWELL. A COMMERCIAL PROPERTY LOCATED AT U.S. HIGHWAY ONE, TEQUESTA, FLORIDA 33469; PROVIDING A LEGAL DESCRIPTION OF TI-� PROPERTY PROPOSED TO BE ANNEXED; REDEFINING TI� BOUNDARIES OF TI� VILLAGE TO INCLUDE SAID REAL PROPERTY; PROVIDING FOR REPEAL OF ALL �RDINANCES IN CONFLICT; PROVIDING FOR SEVERABILIT'Y; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADVERTISING; AND PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF '� 'TI� CIRCUIT COURT OF PALM BEACH COi1NTY, FLORIDA, AND FLORIDA DEPARTMENT OF STATE UPON ADOPTION. WHEREAS, the petitioner, Deborah Howell and Douglas Howell, owner of those lands ': more particularly described in E�chibit "A", atta.ched hereto and made a part hereof, by and `; through their agent Cotleur & Hearing, have requested that the Village of Tequesta annex certain ;: lands into the corporate limits of the Village; and WHEREAS, the Village Council of the Village of Tequesta finds that said lands are i contiguous with the corporate limits of the Village of Tequesta, create no enclaves and the �� Village of Tequesta can effectively provide police, fire, water, and sanitary services to said land, all in compliance with the terms and requirements of Chapter i71, Florida Statutes, and the " Village of Tequesta Code; and WHEREAS, the property shall be in accordance with the regulatory requirements of ! Palm Beach County, until such time as the Village's Comprehensive Land Use Plan shall be �' amended to include said annexed lands. ;� BE IT ORDAINED BY TI� VILLAGE COUNCIL OF TI� VILLAGE OF TEQUESTA, ;� PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Village of Tequesta, Florida, hereby annexes to the Village an area �; contiguous, compact, unincorporated territory as hereinafter described: I; �i ;; LOTS 1 THROUGH 9, iNCLUSIVE, BLOCK 5, JUPTTER HEIGHTS, A SUBDIVISION IN �i PALM BEACH COUNTY, FLORIDA, ACCORDING TO TI� PLAT T'HEREOF, �` RECORDED IN TI� OFFICE OF TI-� CLERK OF TI-� CIRCUIT COURT IN AND FOR ;'' PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 23, PAGE 69. `:! TOGETHER WITH A PARCEL OF LAND 40 FEET IN WIDTH, MEASURED FROM EAST �: TO WEST, AND 180 FEET IN LENGTH, MEASURED FROM NORTH TO SOUTH, LYING ; i IMMEDIATELY WEST OF AND ADJACENT TO LOTS 1 THROUGH 9, INCLUSIVE OF `: BLOCK 5, JUPITER HEIGHTS, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, : AS RECORDED IN PLAT BOOK 23, PAGE 69, IN THE OFFICE OF TI-�E CLERK OF TT-� : CIRCUIT COURT, PALM BEACH COUNTY, FLORIDA. THIS PROPERTY BEING TI-iE i EAST 44 FEET OF THAT CERTAIN 100 FEET DEDICATED TO TI� PUBLIC LYING ' EAST OF U.S. HIGHWAY #1 (STATE ROAD #5) RUNNING PARALLEL TO SAID ROAD 'i AND BETWEEN SAID ROAD AND SAID LOTS 1 THIZOUGH 9, INCLUSIVE, OF BLOCK i' S. CONTAINING 21,600 SQUARE FEET MORE OR LESS. ,� I� � � � Section 2. The boundaries of the Village of Tequesta, Florida, are hereby redefined and ;� ;: shall include the above-described real property, and said property is hereby declared to be within �' the corporate limits of the Village of Tequesta, Florida. i4 Section 3. Severability. If any provision of this Ordinance or the application thereof is ;': held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance, i! which can be given effect without the invalid provisions ar applications, and to this end, the ': provisions of this ordinance, are hereby declared severable. Section 4. Repeal of Ordinances in Conflict. All other ordinances of the Village of ; Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are ': hereby repealed. Section 5. Codification. This Ordinance shall be codified and made a part of the :? official Code of Ordinances of the Village of Tequesta. Section 6. Effective Date. This Ordinance shall take effect immediately upon the ;; passage and adoption of a land use and zoning designation acceptable by the owners and or their ' assigns of the property. Councilmember offered the foregoing Ordinance, ' and moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows; FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day ;; of , 2004. MAYOR OF TEQUESTA Edward D. Resnik ': ATTEST: '� Village Clerk i., � LEGAL DESCRIPTI�N LOTS 1 THROUGH 9, INCLUSIVE, BLOCK 5, JUPITER HEIGHTS, ASUBDIVISION IN PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF, K�CORGED IN 'f HE C7FF�ICE OF l��H� CLERK OF THE CIRCUIT COUi��r IN ANU FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 23, PAGE 69. TOGETHER WITH A PARCEL OF LAND 40 FEET IN WIDTH, MEASURED FROM EAST TO WEST, AND 180 FEET IN LENGTH, MEASURED FROM NORTH TOSOUTH, LYING IMMEDIATELY WEST OF AND ADJACENT l`O LOTS 1 THROUGH 9, INCLUSIVE OF BLOCK 5, JUPITER HEIGHTS, A SUBDNISION IN PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 23, PAGE 69, IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, PALM BEACH COUNTY, FLORIDA THIS "' PROPERTY BEING THE EAST 40 FEET OF THAT CERTAIN 100 FEET DEDICATED TO THE PUBLIC LYING EAST OF U.S. HIGHWAY #1 (STATE ROAD #5) RUNNING PARALLEL TO SAID ROAD AND BETWEEN SAID ROAD AND SAID LOTS 1 THROUGH 9, INCLUSNE, OF BLOCK 5. � CONTAINING: 21,600 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS - OF - • WAY OF RECORD. CERTIFIED TO CERTI FICATION � � i HEREBY CERTIFY THAT I HAVE SURVEYED THE PROPERTY DESCRIBED HEREON, AND THAT THIS SKETCH OF SURVEY IS ACCURATE AND CORRECT TO THE BEST OF MY ; KNOWLEDGE AND BELIEF� THERE ARE NO APPARENT ABOVE GROUND ENCROACHMENTS � OTHER THAN SHOWN OR STATED HEREON, AND THAT THIS SUR�!EY COMF�LlES WITH ' THE MINIMUM TECHNICAL STANDARDS ADOPTED BY THE FLORiDA BGARD Gf - PROFESSIONAL LAND SURVEYORS IN CHAPTER 6 G1 -E� F,A.C. 10/16/2003 NAME: - � DATE OF FIELD SURVEY WM. R. VAN CAMPEN? P.L.S. 2424 � THE PROPERTY DESCRIPTION SHOWN HEREON IS AS FURNiSHE�. REPROCUCTIONS OF THI� SKETCH OF SURVEY ARE NOT VALID UNLESS SEALED WITH THE �EMBOSSED SEAL OF THE CERTIFYING SURVEYOR. Turtle Beach Construction Annexation HARBOUR ROAD N. _ y ��m Smmm; p 7�3 � 'a 66 �Cpt�R GP' 67 � gl� � f50 `�� C �URT � O RS P � - � fA� 32 - ° ts 7- B ck 5 o upi#er H' ts 13 Zd � HARBOUR ROAD S. ■ � 1-12 � 208 & 212 ZU5 �� .�e � ,, � , 2 3 � ' 4 96 s e f85 100 104 � � 5 789 6 • Cl4THOLIC CHURCH ' � 9 INTRACOASTA� ^ 11 12 � � 6 177 �� 24 PA EL �2R • � 1758 w 23 A" �� FASHION 175A � ° 1 � • $ • o• o• o _ 5� J• o• o� o• o• o �/ MALL ��3 CIRCLE ?32 • 9 a7i � fA 169 429 1 11 12 13 °' °' °' ° ' °' °' °' °' ° = ifi7 � • • • • s 14 � ��r t38 140 �q4 p 0 • 15 9'� w • o.o.o.o •o•o•o•o•o '�- 969 � �3 752^� •16 Proposed annexation of 21,6� square feet of cammetcially zoned {and N , to build an approximately 7,3QOSF oifice building. 0 165 330 660 Feet 1 i � i f i i i 1