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Home My WebLink AboutDocumentation_Regular_Tab 11_08/10/2017 �tiACR C Q . v: 0 C . f� ) . , ',' PLURl104. August 2, 2017 Nilsa Zacarias Department of Planning, Community Development Director zoning Si.Building Village of Tequesta 2300 North fog Road 345 Tequesta Drive West Palm Beach.FL 33411-2741 Tequesta, FL 33469-0273 (561)233-5000 RE: Proposed Annexation Turtle Beach Property Alleyway Revision, 2017-60-001 Planning Division 233-5300 Zoning Division 233-5200 Dear Ms. Zacarias: Building Division 233-5100 Code Enforcement 233-5500 Thank you for providing the County advance notice and the opportunity to review Contractors Certification 233-5525 Administration Office 233-5005 the annexation summarized below. Executive Office 233-5228 www.pbcgov.comlpzb Name Description Turtle Beach Property Acres: 0.58 Alleyway Revision Location: Southeast corner of U.S. Highway 1 and Palm Ct 2017-60-001 1st Reading: 8/10/2017 2nd Reading: Not determined Palm Beach County Boars of County The proposed annexation was processed through the County's Annexation Review Commissioners Process. County staff has not identified any inconsistencies with Chapter 171, Paulette Burdick.Mayor Florida Statutes (F.S.). The Village previously adopted the voluntary annexation of 1 the Turtle Beach property on April 8, 2004 per Ordinance 586. The right-of-way Melissa McKinlay.vice Mayor ' buffer abutting the east side of the property was erroneously left out of the original Hal R.valeche annexation. After the departmental review, the Engineering Department recommended that the Village should protect the 25-foot corner clips at the Dave Kerner intersections of (1) Palm Court and US Highway 1 and (2) Harbor Road S and US Steven L.Abrams Highway 1. In addition, Engineering staff recommends the annexation of the entire platted subdivision so that no portions are left within unincorporated Palm Beach Mary Lou Berger County. Mack Bernard If you have any questions regarding the County Engineering's comments, please contact Tammy Lee, at 561-684-4019. For any other questions or comments, please contact Patricia Behn, Deputy Planning Director, at 233-5332. County Administrator Sincerely, Verdenia C.Baker / �� 17 i Lorenzo Aghemo Planning Director cc: The Honorable Hal R.Valeche.District 1 Commissioner Bob Banks,AICP,Chief Land Use County Attorney Faye W.Johnson,Assistant County Administrator Michael Couzzo Jr.,Village Manager,Tequesta Patrick Rutter, PZ&B Executive Director Tammy Lee,Engineering Dept.,PBC Patricia Behn. Deputy Planning Director.PBC "An Equal Opportunity Affirmative Action Employer" toplanning\intergovernmental\annexations\2017 fiscal year\letters\teq-turtle beach property alleyway revision- aug.2017.docx 2, printed on sustainable �a and recycled paper Annexation Location Map \ me Bay Dr andpol Z Harbor Rd N Z d t8 * Ct o `. Canal o- tz age Blvd Z - —— Inlet Ct o a palm Ct Turtle Beach Construct' = Turtle Beach Proplerty 2004 Original AnnexatiAlleyway Revision 2017-60-001 Harbor Rd S or Rd d ro T Intracoastal Cir- Tall Oaks Cir 11111 ,,ive Oak Cir L J to -. cD 2 LaurelOak‘11 TEQUE8TA CO CD n r O' i. ga S. f O N m _. O. Tequesta Dr Waterway Rd \l''':n.n co Right-of-Way Maintenance � Proposed Alleyway Revision Water County ROW Maintenance Other ROW Maintenance County Maintained ---- State Maintained Municipality PBC Owned Parcels Courtesy Maintained Other Updated.7/26/2017 Contact:Nicole Delsoin N oF,ACN C� Filename:N:\DivProj\Annex\FY2017 Planning,Zoning ,p�/+� �Zr Feet W I, 8 Building � ,M 200 0 200 400 3300 N Jog Rd ``��` Nate:Map is not official,for informational purposes only Weal Palm 9eatli. L 334'• Source:ROW Maintenance Data PBC Engineenng N Plume(W1233.5300 A<OR11:1/ Dept 2015 GISPROD SDE GEODATA.CENTERLINE LN t OF IEQG 's; VILLAGE OF TEQUESTA 345 Tequesta Drive tla 74 Tequesta, FL 33469 a r f�ch cauMii July 20, 2017 Mr. Lorenzo Aghemo, Director Palm Beach County Planning Division Vista Center Building 2300 N.Jog Rd., 2nd Floor West Palm Beach, FL 33411 Re: Petition of the Village of Tequesta. Revise and amend Voluntary Annexation. Dear Mr.Aghemo: The Village of Tequesta has received a written petition signed by all owners of real property located adjacent to U.S.Highway 1 requesting the revision and amendment of Ordinance 586,which originally effectuated the voluntary annexation of this subject real property into the Village of Tequesta, to include the easterly right of way buffer. Ordinance586 was adopted by the Village Council on April 8, 2004, please see enclosed document. Enclosed please find the required information for processing the subject revision and amendment. Should you have any questions, or require any additional information, please do not hesitate to contact me at 561.768.0557,or my mobile number 561.758.2252. Sincerely, • Nilsa Zacarias,AICP Community Development Director Cc: Mr. Michael Couzzo,Village Manager Mr. Keith Davis, Esq. Village Legal Counsel ORDINANCE NO.586 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ANNEXING INTO THE VILLAGE PARCELS OF LAND, WHICH ARE CONTIGUOUS TO THE 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 THE PROPERTY PROPOSED TO BE ANNEXED; REDEFINING THE BOUNDARIES OF THE VILLAGE TO INCLUDE SAID REAL PROPERTY; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILTTY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADVERTISING;AND PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, AND FLORIDA DEPARTMENT OF STATE UPON ADOPTION. WHEREAS, the petitioner, Deborah Howell and Douglas Howell, owner of those lands more particularly described in Exhibit "A", attached 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 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 171, Florida Statutes, and the Village of Tequesta Code;and WHEREAS, the property shall be in accordance with the regulatory requirements of Pahn Beach County, uitil such time as the Village's Comprehensive Land Use Plan shall be amended to include said annexed lands. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE 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: LOTS 1 THROUGH 9, INCLUSIVE, BLOCK 5, JUPITER HEIGHTS, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE OFFICE OF THE CLERK OF THE 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 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 THE CLERK OF THE CIRCUIT COURT, PALM BEACH COUNTY, FLORIDA. THIS PROPERTY BEING THE EAST 40 1 kk,1 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, INCLUSIVE, OF BLOCK 5. CONTAINING 21,600 SQUARE FEk,1 MORE OR LESS. 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. 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, which can be given effect without the invalid provisions or 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 1. a t�l 1,A c:. C offered the foregoing Ordinance, and moved its adoption. The motion was seconded by Councihnember V r K ,and upon being put to a vote,the vote was as follows: FOR ADOPTION AGAINST ADOPTION MAyaR r'AT VijATK«J5 V1C-Z. tilAl on G{. KAt_DikVt A 6,3\kco ouuNCioh- 0-16ci Fbk-V 1KD 0, ►;'r`Sriti< ecct►v�t�M��+�t RUsst�� von► rw�c (+(4UN(it MzN6EK S► 41-1-ampf\e,c r� The Mayor thereupon declared the Ordinance duly passed and adopted this ° day of A .l'R i t- ,2004. MAYOR OF TEQUESTA PC6 c)A-Clk.4-o e) Pat Watkins ATTEST: La(lt/c /Z% h Mary Miles,V' lage Clerk PETITION FOR ANNEXATION TO: Village Council Village of Tequesta Community Development 345 Tequesta Drive Tequesta FL 33469 Council Members: THE UNDERSIGNED,being the owners of the following premises located on the east side of US Highway I between Palm Court and Harbor Road South containing 0.496 acres,situated,lying and being in Palm Beach County,Florida and described as follows. LOTS I,2,3,4,5,6,7,8 AND 9, BLOCK 5,JUPITER HEIGHTS,AS RECORDED IN PLAT BOOK 23, PAGE 69, PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA,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 IMMEDIATELY WEST OF AND ADJACENT TO LOTS I THROUGH 9, INCLUSIVE,OF BLOCK 5,JUPITER HEIGHTS,A SUBDIVISION,ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 23,PAGE 69,PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING:21,600 SQUARE FEET,MORE OR LESS. SUBJECT TO EASEMENTS,RESTRICTIONS,RESERVATIONS,AND RIGHTS OF WAY OF RECORD. Hereby respecttLlly request that said property,which is contiguous to the territorial limits of the Village of Tequesta, Florida,be annexed to and included within the territorial limits of the Village of Tequesta,and that said property be zoned with a Community Commercial District(C-2)zoning classification and land use designation of Commercial (C) The undersigned further certify that they arc the only owners of said property. Dated this /6- day of jg3 (//_ , r0/ Property Owner: ��AfQ7 E/9,( 7211Q n- Rex} (Print Name) (S'gaam `) (Print Name) t t ACKNOWLEDG ENT State of Florida County of Palm Beach / BEFORE ME,personally appeared Kale /111Pi/g/ and ,to me known to be the persons described in and who executed the foregoing instrument and who acknowledged to me that they executed the instrument for the purpose therein expressed. #‘44, Notary Public State of Florida Large My Commission Expires: MICHAEL SANCHEZ :OM, Commission N FF 90896 ' My Commission Expires � February 09, 2016 Palm Beach County Annexation Information Sheet Please submit the following information regarding each proposed annexation: Annexation Name US HWY ONE PARCEL AND ALLEY Annexation Type Voluntary Acres Total: 0.579 acres(Total 1 parcel and an alley) See attached survey and legal description The property is located on US Highway 1 between Palm Court and Harbor Road Location South. The legal description for the property is JUPITER HEIGHTS LTS 1 TO 9 INC& ABND 40 FT STRIP LYG W&ADJ THERETO BLK 5. Vacant parcel Existing Use Office Building Proposed Use CH/5 Commercial High w/underlying MR-5 County Future Land Use CG-Commercial General County Zoning Commercial City Future Land Use C-2 Community Commercial District City Zoning Village Council Hearing August 10,2017 Location Map Please see Attached survey. Ordinance Number(if Ordinance No.=17 known) 60-43-40-30-02-005-0010. Parcel Control Numbers EXHIBIT "A" SKETCH OF LEGAL (THIS IS NOT A SURVEY) / OO�R ' i P� S.�Ez SCALE: 1"=40' 31t � VP° o le na B0 p Op' LOT 1' ' '90 40 \ '' ; \`' ' LOT 2 ,—' �`�, \, , or 3 2(/ r' mo m \ �� ' O �,VI 40' \ LOT 4 • - cl , \ to r $ ', 7�a \ \�'O LOT 5 __�-- "4 c ul co r. \ ,, cA r'`C\\*..-- --NCtp‘ L^ LOT 6 ,,, o ' N x \ � _ 1 0 \ cl \- - LOT , ,, \ 8 a � Lp T O \ T 0 20 Op ,z \�- , LO trl 9o" 00 60' 0 \ 14 f ,v. � Npil �T A)pg R \ Legacy Surveying and Mapping,Inc. 112 N. U.S. Highway No. 1 GREGORY T.TUCKER Tequesta, FL.33469 PROFESSIONAL SURVEYOR&MAPPER Phone: (561)746-8424 FLORIDA REGISTRATION No.:6147 BUSINESS LICENSE:LB#8130 DATE:JULY 17,2017 SHEET 1 OF 2 JOB NO.: 17-105 EXHIBIT "A" LEGAL DESCRIPTION LOTS 1 THROUGH 9, INCLUSIVE, BLOCK 5, AND THE 20 FOOT WIDE ALLEY LYING EAST OF AND ADJACENT TO LOTS 1 THROUGH 9, BLOCK 5, JUPITER HEIGHTS, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE OFFICE OF THE CLERK OF THE 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 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 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, INCLUSIVE, OF BLOCK 5. CONTAINING 25,200 SQUARE FEET OR 0.579 ACRES, MORE OR LESS. Legacy Surveying and Mapping,Inc. 112 N. U.S. Highway No. 1 Tequesta, FL. 33469 Phone: (561)746-8424 BUSINESS LICENSE:LB#8130 DATE:JULY 17,2017 SHEET 2 OF 2 JOB NO.: 17-105 " CORBETT, WHITE, DAVIS AND ASHTON, P.A. KEITH W. DAVIS ATTORNEY AT LAW Board Certified in City,County and Local Government Law MEMORANDUM TO: Mayor Brennan, Vice Mayor D'Ambra, Council Members Arena, Okun and Paterno CC: Manager Couzzo, Clerk McWilliams FROM: Attorney Davis DATE: August 2, 2017 RE: Agenda Item —Alley Annexation The following describes in detail the above referenced agenda item: As discussed at the Village Council Workshop of July 31, 2017, this annexation will capture the last remaining unincorporated portion of the alley in the Jupiter Heights Plat. When the adjacent property was annexed in 1995, the annexation of the adjacent alley portion was contemplated, but it did not happen. This annexation will give the Village 100% control of the entire alley. Keith@CWDA-legal.com 701 Northpoint Parkway, Suite 205 www.CWDA-legal.com West Palm Beach, Florida 33407 TELEPHONE:(561)586-7116 *102 FAX:(561)586-9611 ORDINANCE NO. 17-17 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING ORDINANCE 586 REGARDING THE VOLUNTARY ANNEXATION OF CERTAIN REAL PROPERTY LOCATED ON U.S.HIGHWAY ONE PREVIOUSLY OWNED BY DEBORAH AND DOUGLAS HOWELL AND CURRENTLY OWNED BY BARTL REAL ESTATE, INC., IN ORDER TO REVISE AND AMEND THE STATED INTENT OF THE ANNEXATION AND THE LEGAL DESCRIPTION OF THE PROPERTY SO ANNEXED TO INCLUDE THE EASTERLY RIGHT OF WAY BUFFER AS ORIGINALLY CONTEMPLATED;PROVIDING THAT THE REAL PROPERTY VOLUNTARILY ANNEXED BY ORDINANCE 586, ALONG WITH THE EASTERLY RIGHT OF WAY BUFFER THERETO,ARE HEREBY ANNEXED PURSUANT TO SEC. 171.044, FLORIDA STATUTES AND SEC. 4.02 OF THE VILLAGE OF TEQUESTA CHARTER; REDEFINING THE BOUNDARIES OF THE VILLAGE OF TEQUESTA TO INCLUDE ALL OF SAID REAL PROPERTY AND EASTERLY RIGHT OF WAY BUFFER; 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 a written petition signed by all owners of real property located adjacent to U.S.Highway 1 as more particularly described herein, requesting the revision and amendment of Ordinance 586, which originally effectuated the voluntary annexation of this subject real property into the Village of Tequesta, to include the easterly right of way buffer thereto, pursuant to the provisions of Section 171.044, Florida Statutes and Sec. 4.02 of the Village of Tequesta Charter; and WHEREAS,the above referenced parcels of real property comprise one area of contiguous, compact,unincorporated territory in and adjacent to the Village of Tequesta,all of which have been developed or are suitable for development for urban purposes; and WHEREAS, the voluntary annexation of said parcels will not result in the creation of an enclave; and WHEREAS,the Village of Tequesta has caused all required advertisements and notices to be - 1 - published and sent to all required recipients pursuant to Sec. 171.044, Florida Statutes; and WHEREAS, when Ordinance 586 was originally adopted, effectuating the voluntary annexation of the real property located adjacent to U.S. Highway 1 as more particularly described herein, it was contemplated that the easterly right of way would be annexed into the Village of Tequesta; however, said easterly right of way was excluded from Ordinance 586; and WHEREAS,all other portions of the easterly right of way as contained on the plat of Jupiter Heights have, over time, been annexed into the Village of Tequesta in conjunction with the annexation of adjacent parcels; and WHEREAS,the subject portion of the easterly right of way is the only remaining portion of the easterly right of way which has not been annexed into the Village of Tequesta; and WHEREAS, it is the opinion of the Village Council that it is in the best public interests that Ordinance 586 be revised and amended to include the easterly right of way to the real property located adjacent to U.S.Highway 1 as more particularly described herein,as was contemplated when Ordinance 586 was adopted,thus effectuating the complete annexation of the entire easterly right of way, as contained on the plat of Jupiter Heights, 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: Ordinance 586 of the Village of Tequesta is hereby corrected and amended to include not only the originally voluntarily annexed real property consisting of a total of 0.4959+/- acres, more or less, but also in addition, the easterly right of way thereto, all of which is 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 171.044,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 - 2 - 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. 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. - 3 -