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Home My WebLink AboutDocumentation_Regular_Tab 08_09/14/2017 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 BOLINDARIES OF THE VILLAGE OF TEQUESTA TO INCLUDE ALL OF SAID REAL PROPERTY AND EASTERLY RIGHT OF WAY BUFFER; DIIZECTING 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 SEVERABILTTY 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 - 4��'P�ti`� � °�2 � � c � � --- v ��U�� August 2, 2017 Nilsa Zacarias Department of Pianning, Community Development Director zo„ing& su�ra�rig i Viilage of Tequesta 2SOU Norrh �o� Koad , �45 TEqUeSta �(IV2 �a�E.�:� rai,,, isc�3�i,. i�i �s�;�ii i-z��a� '�, Tequesta, FL 33469-0273 �:�en z;�s_:,ur,�� ! ' RE: Proposed Annexation Tui�lle Beach Property Aileyway Revision, 2017-60-001 Nlannin��I�ivisi��n _'i"i.'i>00 I Zoning Di��isiun '."i'i-S?00 ' �2af MS. ZaCal"IaS: Riiilding Ilivisi�ni�:�?�100 Code f�.nlorccmcnt 233�5500 � c<,,,��a��5 c��,��, �s i �r;�:, ; Thank you for providing the County advance notice and the opportunity to review ' the annexation summarized below. ��Imii�isrrUinn(_�ffiri�_'";3-5005 � I'xc�'u�ive�)ITi�r. ,33 `,?:�8 �� ---- - - �.�+�nrti��ht-�;ov ccnril��zb N7tTl@ �BSCI'Ipt1011 ' Turtle Beach Property Acres: 0.58 � Alleyway Revision Location: Southeast corner of U S Highway 1 and Palm Ct 2017-60-001 15t Reading: 8/10/2017 2"d Reading: Not determined Palm Beach County -- soara or c�Utuy ' The proposed annexation was processed khrough the County's Annexation Review Commissioners ' '; Process. County staff has not identified any inconsistencies with Chapter 171; r��„�er��ri��a�<�i;. ��y�, �! Florida Statutes (F.S.). The Village previously adopted the voluntary annexation of the Turtle Beach property on April 8, 2004 per Ordinance 586. The right-of-way '��'`��`,��`�;�"�`,'��"�` `��`��",�� i buffer abutting the east side ofi the property was erroneously left out. of the original ��,ai �{ v,,��<i,< ' annexation. After the departmental review, the Engineering Department ' recommended that the Village should protect the 25-foot corner clips at the u<z��E<<.�� ' intersections of (1) Palm Courk and US Highway 1 and {2) Harbor Road S and US s<<��_�, �. nr,r��»5 ; Highway 1. In addition, Engineering staff recommends #he annexation of the entire i platted subdivision so that no portions are left within unincorporated Palm Beach , iYlary l.o�i Rcr�ci � County. ' N�ac�:�tcrn�ir�� ', ' 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 ', SInC2fG'�)/, V�crdcnia(.. B�3kcr ; . � i; , � Lorenzo Aghemo Planning Director ' r,c The Honorable Hal R.Valeche. District 1 Commissioner E3oh Banks,AICP Chief I_ancl 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 i Patricia Behn. Deputy Planning Director. PBC ..qn[ywd U�qwrnuiin� '�, .�1(In�niun��<'.9rllrnl P.ny�lu>>i°r'. .. t\planning\intergovernmental\annexations\201 I fiscal year\letters\teq-turtle beach properry alleyway revision- aug.2017.docx ^'�s> prinlodun.usltunahle ` � �(�' ai�d recycled Papei , An nexation Location Ma 4 ��.,e�ndpointe BeY�r ` — � i �, � , Harbo� Rd N � �— �n I + w u� a z o �,� ,�, � Ganal Gt o- ,�, �� t�u�i�i��„ y m ,� inlet Ct o n �t ��; i� �,��" 1 Turtle Beach Construc`tion� TUrtle BeaCh Prope rty 2004 Original Annexation Alleyway Revision ��_—� 2017-60-001 rri .� .� � o�RdS 0 m 2 !-��i��coastal Ci� �.d;r�:il,r� �� / ! � ". `�i�;�� i l;il.. ��li i 7 _. . ._� � - -- _Lr�wrelOak� ��FV��T� �i n � Q� l �- ~ I`\ �� ,1 Tequesta Dr Waterway Rd �' - -- .. .____...__ _--- ---.__�_. _. .._.----- _ _ � W �\ t_ � �� ,�;, 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 UUdated'.7/2 612 01 7 Contaci�. NicoleDelsoin N �Q��yC Filename:N�.\DivProjlAnnex\FV2017 Planning,Zoning � °e2 Feet �y�� &Building �,�,�,�,�,^� � 200 0 200 400 z3r�N,�y ii„ � Note:MaU is nol o(/icial,for informalional purposes only wes�aai�neaaa�.Fi aaai� Source:ROW Mainlenance Data PBC Engineenng S Pno�o�ssi�z�s�saoo • F��Dy. Depl 2015 GISPROD SDE GEODATA.CENTERLINE_LN VILLAGE OF TEQUESTA 345 Tequesta Drive ro Tequesta, FL 33469 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 VoluntaryAnnexation. 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, N.�.� Zo�-a� - � . 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 TF� VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ANNEXING INTO THE VQ.LAGE P.ARCELS OF LAND, WI-IICH ARE CONT'IGUOUS TO THE VII,LAGE LIMITS, OWNED BY DEBORAH HOWELI. 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 TI� BOUNDARIES OF THE VII.LAGE 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 T[-IE CLERK OF TI-iE CIRCUIT COURT OF PALM BEACH COUNTY, �'LORIDA, AND FLORIDA DEPARTMENT OF STATE UPON ADOPTION. WHEREAS, the petitioner, Deborah Howell and Douglas Howell, owner of those lands more particularly deseribed 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 co�rtiguous with the corporate limits of the ViUage of Teyuesta, create no enclaves and the Villa,ge 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 Vi�lage 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 sa.id annexed lands. BE 1T ORDAINED BY TI� VILLAGE COUNCIL OF TI-IE VILLAGE OF TEQUESTA, PALM BEACH COUN'I'Y,FLORIDA,AS FOLLOWS: 'on 1. The Village of Tequesta, Flotida, hereby annexes to the Village an area coirtiguous,compact,unincorporated territory as hereinafter described: LOTS 1 THROUGH 9, INCLUSNE, BLOCK 5, JUPITER HEIGHTS, A SUBDMSION IN PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF, RECORDED IN Tf� OFFICE OF THE CLERK OF TI� CIRCUIT COURT IN AND POR PALM BEACH COUNTY,FLORIDA,IN PLAT BOOK 23,PAGE 69. TOGE'THER 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, JUPTI'ER HEIGHTS, A SUBDMSION IN PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 23, PAGE 69, IN TI� 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 Z'O TI� PUBLIC LYING EAST OF U.S. HIGHWAY #1 (STATE RO.A.D #S) RUNNING PARALLEL TO SAID RO.AD AND BETWEEN SAID ROAD AND SAID LOTS I THROUGH 9, INCLUSIVE, OF BLOCK 5. CONTAINING 21,600 SQUARE FEET MORE OR LESS. Section 2. The boundaries of the Village of Tequesta, Florida, are hcreby redefined and shall includc 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 Ordina�ice or the application fliereof is held invalid, sucli invalidity shall not affect the other provisions or applications of this Ordinance, wlvch 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, Repcal of�rdina.nces in Conflict. All other ordinances of the Village of Teyuesta, 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 Villlge 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. Councilmcmber t ( �i f�-I �-f\<_: � offered the foregoing Ordinance, and movcd its adoption. Tlie motion was seconded by Councilmember V�'iJ ( F;�l J�i 1�. , and upon being put to a vote,the vote was as follows: FOR ADOPTION AGAINST ADOPT[ON l�in�l u+� �'t�r vU„�17-i; ��J°� _ �! 1 l_�{� J��i/�1`�l C�r`> �,�{� F��/-A l_1�l�AI�i= r� L��.I'v C O (�U�.�N(��_�.��.�h�..t� ��V4 f��\l) 1.�, �w��...`'��5� r\ e ��<<�v�� _ �-i�_,�,,�:�� ►� f�u��.:�i.. ��n► ��+�� r��rN(� r P�Iu�rr�r � J�MI-��.(r� l �:��1(-� <�. r�� The Mayor d�ereupon declared the Ordinance duly passed and adopted this � day of F1 �'K I l_ , 2004. IvIAYOR OF TEQUESTA � � • � �� Pat Watkins ATTEST: • C-'��%t�(;C�, f%�j(�,�.k=� Mary Miles�Clerk �� PE'I'I"I'IUN FOR ANNEXATION TO: Villt►�e Council Villuge of Tequesta Community Development 3A5 Tequcsta Drive TequestA Fi�33469 Council Members: TI-IB UNDCRSIGNGD,being the ownei�s of the following prcmises located on the eAst side of US Hiahway 1 between Pnlm Court and t-larbor Road South containing 0.496 acres,situntad,lyin�and being in Palm Beach County,F lorida and described ns follows. GOTS I,2,3,4,5,6,7,8 AND 9, BLnGK S,JUPITFR Hf:IGHl'S,A5 2ECORRED (N PI.AT BnOK 23, PAG�69, PUBLIC RECORDS OP PALM f36ACH COUN'I'Y,FLORIDA,TOGGTHER WI'I'H A I'ARCEL OF LAND 40 I'FE1'IN WIDTI-I,MEASURGD 1'ROM EAS`I"I'O WEST,AND 180 f CGT IN I�ENGTH,MEASURED FROM NORTFI TO SOUTFI,LYINC3 IMMk;UlA1'ELY WEST OF AND ADJACENT'('O L,OTS I THROUGI-19, INCI..USIVB,OF BLOCK 5,JUPITER HEIGH"t'S,A SUBDIVISION,ACCORDING TO'C'HE MAn UR PLAT 'I'Hf�'REUF AS RECORDED IN PLAT DOOK 23, I'AGF 69,PUBLIC RECORDS 01'PALM BFACH COUNTY, FI,ORI DA. CONTAIN(NG:21,600 SQUARE FEET,MORE OR L.ESS. SUBJECT TO EASEMENTS,R[:STRICTIONS,RES�RVATIONS,AND RIGHTS O� WAY OF RECURD. Flereby respectflilly request tliat said propeity,wliich is contiguous to the tei��itoria)(imits of tl�e Villa�e ofTequesta, �'loridl,be annexed to and included witliin the territorinl limits af the Village of Tequesta,and that said property be zoiied with t►Commimity Connnerciaf Uish�ict(C-2)zonin�cl�ssitic�tion anclland use desibnation of Commereial �C�. 7'he undersigned furtlier certify that they�rc the only owners of said property. Dated this�'Z day of __,�,�/�.,�_, d�� :'- ��'� Property Owner: t�7��_,c�''�n-• �' � �� (I'rint Namc) ^ (ti' �►nttt�r;) (Prim Name) —._.._ .' � ` ACKNOWLEDG ENT State of I'lorida County of Paln1 E3cach BEFORE ME,person�lly appe�►red_��I�1 !� and / __ _ `,to me kno�vn ro be the persons desa•ib�d in and�vho executed the foreboin�instrument and who acknowleci,�ed to me that they e�ecuted the instrument for the purpose therein expressed. � � I�ulary•Public � Siate of Floridn L�r�!c My Commission Expires: �;;:':�'�,� MICNAEL SANCHEZ �� `'��{ Commission 11 fF 90898 '�;;� ;�� Febtuaryg09, 2�1r6$ Palm Beach County Annexation Information Sheet Please submit the following information regarding each proposed annexation: I'r�,i��,�,;Si�,i: I��,.i;,� l:�(; �;+,r�,��,"�� h+l' I�/tl,i I-1 i��il�� /a.J l I ,,, Annexation Type Voluntary Acres Total: 0.579 acres (Total 1 parcel and an a/ley) 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 knawnJ 60-43-40-30-02-005-0010. Parcel Control Numbers EXHIBIT "A" SKETCH OF LEGAL (THIS IS N(�T A SURVEY) / C�UR� � PALNI ��S,�,E� SCALE; 1"=40' �p.F�� , 2�� 0 No 1��• a��p� o LOT 1 � � �90° � ��p0' �� ,..-� o �� L�T ? - `"� �b, \ '� �� LpT3 ,,� 20' � �$� � , r �� , � ��"�� °p � w� ao � Lp2 �� ,� �� , \\ � �� r �„ ��, � m � � �� 0 L�T 5-�� \ ��/ ro � o � � � L�T6 �,, � rn v � �� o � x � �� L�T7 , ,, \ � \ , �� \ � � � S � �T �� L , �, � p0 � � 2 , � T � � — LD , \ � 9�� $��O 60� O�, � 1�'��5,� -- � A�0• �pUT� No ��g R�AD � �"�HA� Le ac Y 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 7HEREOF, RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUI7 COURT IN AND FOH PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 23, PAGE 69. TOGETHER WITH A PARCEI. OF LAND 40 FEET IN WInTH, 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 CER7AIN 100 FEET QEDICATED 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. CONTATNING 25,200 SQUARE FEET OR 0.579 ACRES, MORE OR LESS. Le ac g Y 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 0� CORBETT WHITE , , � ' DAV[S nN� ASHTON, r��. KEITH W. DAVIS ATTORNEY AT LAW 6onrd Certified in Cit�,Covrity nricl Lurnl Govermnent Lnzv 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. Keitli@CWDA-legal.corn 701 Nortlipoint Parkwa�, Sl�ite 205 www.CiNDA-legal,con�i West Palm Berzcli, Florida 33407 TELEPHONE: (561)586-7116 *102 FAX: (561)586-9611 Palm Beach County Annexation Information Sheet Please submit the following information regarding each proposed annexation: Annexation Name US HWY ONE PARCEL AND, 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 NCR CIO ORIP V HAL R. VALECHE County Commissioner District I Palm Beach County Board of County Commissioners ■ Governmental Center 301 North Olive Avenue, 12th Floor West Palm Beach. FL 33401 Telephone: (561) 355 2201 Facsimile (501) 355-6094 hvaleche apbcgov.org www.pbcgov.coni An Equal Upporrunin Affirmative Action F.mplo�ycr" Official Electronic Letterhead August 29, 2017 Mayor Abby Brennan and Village Council Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 Dear Mayor Brennan and Council Members: I am writing to you in the interest of my constituents of the Jupiter Heights residential community, which is located in the unincorporated area immediately to the east of the proposed Austrade Office Building site on US 1 in Tequesta. Residents have contacted me to voice their serious concerns with the recently approved site plan fora four-story, 15,000 square foot office building with reduced buffers and setbacks. This plan would not meet current county standards were it presented through our process, and poses, I believe, significant detrimental impacts to the adjacent single-family homes. It is unfortunate that I was not timely notified, nor provided the opportunity to work with the Village, the developer, or the residents earlier in this process toward mitigating negative impacts of the commercial development on the neighborhood. I have questions about elements of the project in addition to the issues stated above, regarding parking, traffic and drainage. For instance, given the 7-8 foot grade differential from the US1 side of the site to the eastern boundary, how will the project handle its storm water drainage to prevent flooding the residential properties to the east? With regard to traffic safety, will the Village require the installation of signage to discourage drivers from entering the residential community as well as to prevent parking along the alleyway and on Harbor Road and Palm Court? While I am supportive of the Village's plans to develop its main commercial corridor, I also know that if I resided in one of the homes east of the site, I would not be happy about a four-story building towering over my property, to say the least. I would urge the Council to take steps to make this an exemplary project for both the owner and the adjacent residents, without approving higher intensities of commercial uses at the expense of harming an established neighborhood. Please enter this letter into the record at the Village's final public hearing scheduled for September 14, 2017 for the Turtle Beach Property Alleyway Revision, to approve annexation of the .58-acre public right-of-way alley to the east of the subject development that the developer incorporated into the site plan previously approved by the Council. Sincerely, Commissioner Hal Valeche ►- 6 I bad VILLAGE OF TEQUESTA Community Development Department To: Mr. Michael Couzzo, Village Manager CC: Mr. Keith Davis, Esq., Village Legal Counsel From: Nilsa Zacarias, AICP, Community Development Director Date: August 18, 2017 Ref.: Austrade Building: Annexation of Alley and Site Plan Review This summary includes a timeline for the following two (2) initiatives: 1. Annexation of alleyway located on the rear of the Austrade Building 2. Site plan review for the Austrade Building 1. Annexation of alleyway located on the rear of the Austrade Building • April 8, 2004. The Village Council approved a voluntary annexation of a real property located adjacent to U.S. Highway 1 between Palm Court and Harbour Road (Ordinance 586). The subject Ordinance did not include the easterly right of way buffer (alleyway). • Mr. Keith Davis, Village Legal Counsel, contacted Palm Beach County Planning Department over a period of time as follows: March 15, 2017 see attached e-mail Initial inquiry about alley and potential annexation into the Village of Tequesta. Please see March 8, 2017 email between Nilsa Zacarias and John Weichel from PBCounty Engineering and Public Works. April 3, 2017 see attached e-mail County staff acknowledges the County does not own and maintenance control for the alley April 26, 2017 see attached e-mail Informing County staff that Palm Beach County residents asking to abandon the subject alleyway and suggestions of interlocal agreement. June 12, 2017 see attached letter and support documents Letter sent to Palm Beach County Planning Department June 12, 2017 2017 see attached e-mail Acknowledgement of receipt of the letter by Palm Beach County staff June 15, 2017 2017 see attached e-mail Informs PBCounty staff that unincorporated Palm Beach County residents were attempting to abandon the alley. • Ms. Nilsa Zacarias, Village's Community Development Director, prepared the annexation package to submit to Palm Beach County the revision and amendment of Ordinance 586 to include the alleyway. July 21, 2017 Transmit annexation package to Palm Beach County (see attached) August 2, 2017 Received letter of subject alleyway from Palm Beach County Planning Department August 10, 2017 First reading of Ordinance 17-17 to revise and amend Ordinance 586 and include the alleyway. September 14, 2017 Second reading of Ordinance 17-17 to revise and amend Ordinance 586 and include the alleyway. 2. Site plan review for the Austrade Building • The subject parcel is located on C-2 Community Commercial zoning district. Per Sec. 78-177 (b) the following uses are permitted by right: (1) Retail sales and services, excluding retail package liquors (which are addressed below). (2) Business services. (3) Health care facility or medical or dental office; professional office; professional services. (4) Personal services. (5) Restaurants, excluding fast food restaurants, drive-in restaurants and carryout restaurants. (6) Bakery. (7) Dry cleaning and laundry establishments, including laundromats. (8) Places of assembly (1,500 square feet or less) (9) Retail package liquors • September 7, 2005: The Village Council approved a multi -story office building to be located on the same parcel. The proposed structure was a three level building. The subject approval expired. • In October 2016: Bartl Real Estate Inc. applied for a site plan review to build a four (4) level 15,296 sq. ft. office building (Austrade Building) on a vacant site located on US Hwy 1. Per the applicant, "The maximum number of employees in the building is anticipated at approximately 25-30". • November 18, 2016: The Development Review Committee (DRC) provided review comments to the applicant. The DRC includes community development, engineering (civil and traffic), landscaping, building, water, fire safety and law enforcement professionals. • March 9, 2017: The Village Council approved a Variance application (3-2). After the variance application was granted, the DRC continued the review process. Per Code, the notice of the hearing was mailed to all property owners located within a 300-foot radius of the subject property. See attached development order. • June 15, 2017: The Planning & Zoning Board recommended approval of Site Plan Review application at the meeting by a 3-2 vote. As a courtesy, the notice of the Planning and Zoning Board hearing was mailed to all property owners located within a 300-foot radius of the subject property. • August 10, 2017: The Village Council approved the variance time extension (3-2). See attached development order. • August 10, 2017: The Village Council approved the Site Plan Review application (3-2). As a courtesy, the notice of the hearing was mailed to all property owners located within a 300-foot radius of the subject property. See attached development order. Variance Application VAR-02-17 Approved by Village Council—3.9.2017 Site Plan Review SPR 3.17 Planning and Zoning Board— 6.15.2017 Site Plan Review SPR 3.17 Village Council 8.10.2017 2 ATTACHEMENTS ALLEWAY ANNEXATION PROCESS From: Keith Davis lmailto:Keith@cwda-lesal.coml Sent: Wednesday, March 15, 2017 10:57 AM To: Patricia Behn <PBehn@pbcgov.org> Subject: FW: Alley ownership Patricia: Please see the below correspondence between Tequesta Planner Nilsa Zacarias and John Weichel in the county's roadway production division. Can we begin a discussion on the best way to proceed to make this happen? The Village would like to annex into its jurisdiction this alleyway and have the ability to maintain and use It. Keith W. Davis, Esquire Attorney �4©ttrrJ� o , '�r�Ji CtS�`E�4`4 c C.ORBETT, W1 IITI, DAVIS AND ASI -ITON, I'.A. 701 Northpoint Parkway, Suite 205 West Palm Beach, Florida 33407 Tel: (561) 586-7116 Fax: (561) 586-9611 Email: Keith@CWDA-lega1.com Please make a note of our new business address Incoming a -mails are filtered which may delay receipt This e-mail is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this e-mail is prohibited. Please notify us immediately by e-mail and delete the original message. From: Nilsa Zacarias [mailto:nzacarias@teauesta.orsl Sent: Thursday, March 09, 2017 10:03 AM To: Keith Davis <Keith@cwda-legal.com> Subject: Fwd: Alley ownership -------- vrigmai message -------- From: John Weichel <JWeichel@pbc ov.org> Date: 3/8/17 2:58 PM (GMT-05:00) To: Nilsa Zacarias <nzacarias@tequesta.ors?> Cc: Tripp Cioci <TCioci@pbc ov.org> Subject: RE: Alley ownership Nilsa, In the paper work I had for the annexation of PCN 60-43-40-30-02-005-00101 did not find any mention of the alley adjacent to it. As we were saying on the phone it might be a good idea for the Village to annex the alleyway in that area so that you have control of how it is used, ,ohn 'INmf- w Roadway Production Division 561-684-4120 From: Nilsa Zacarias [mailto:nacarias@teaues a.nraj Sent: Wednesday, March 08, 2017 2:13 PM To: John Weichel Subject: RE: Alley ownership John, Thank you so much for researching ownership of the subject alley. Please could you confirm if you found evidence that the alley was annexed by the Village of Tequesta. I appreciate your help with this matter, thank you, Nilsa From: John Weichel [mailto:JWeichelPpbceov org Sent: Wednesday, March 08, 2017 2:01 PM To: Nilsa Zacarias <nacarias@teguesta.org> Cc: Tripp Cioci <TCioci@pbceov.orrg> Subject: Alley ownership Mimecast Attachment Protection has created safe copies of your attachments. After researching the Alley between Palm Court (Fourth St) and Harbor Road South (Fifth St), east of US 1, 1 could not find any documents of ownership by Palm Beach County. I also could not find a document of acceptance by the County for the Alley. I have attached a copy of the plat for that area. Let me know if there is anything else I can do for you. 7ohn `IWeiche! Abstractor / Title Examiner Palm Beach County Engineering & Public Works Dept. Roadway Production Division 561-684-4120 Please make a note of our new business address Incoming a -mails are filtered which may delay receipt. This a -mail is personal to the named recipient(s) and maybe privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this e-mail is prohibited. Please notify us immediately by e-mail and delete the original message. From: Patricia Behn [mailto:PBehn@pbcgov.orsl Sent: Monday, April 03, 2017 11:46 AM To: Keith Davis <Keith@cwda-legaI.com> Cc: Michael Couzzo (mcouzzo@teguesta.ore) <mcouzzo@tequesta.org>; Nicole Delsoin <NDelsoin@pbcsov.org> Subject: RE: Alley ownership Keith, As discussed, I've attached the list of annexations for the parcels along US-1. All of the annexations include the alley in the ordinance legal description or was assumed annexed as both sides of the alley were annexed, with the exception of the parcel in question. The links provide the ordinance for each annexation online after 2000. We don't yet have the ordinances prior to 2000 online and therefore I'm attaching the 1999 ordinance to this email. As stated, the County does not have ownership and maintenance control for the alley. Hope this information is helpful. Patricia From: Keith Davis [mailto:Keith@cwda-lesal.coml Sent: Friday, March 31, 2017 11:16 AM To: Patricia Behn <PBehn@pbcgov.org> Cc: Michael Couzzo (mcouzzo@teguesta.ore) <mcouzzo@tequesta.org> Subject: RE: Alley ownership Thanks Patricia, I am looking forward to hearing from you on this. Keith W. Davis, Esquire Attorney ®® CORBETT, WI IITC, MN 1-AVIS ASI IJON, M. 701 Northpoint Parkway, Suite 205 West Palm Beach, Florida 33407 Tel: (561) 586-7116 Fax: (561) 586-9611 Email: Keith@CWDA-legaI.com Please make a note of our new business address Incoming a -mails are filtered which may delay receipt. This e-mail is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this e-mail is prohibited. Please notify us immediately by e-mail and delete the original message. From: Keith Davis Sent: Wednesday, April 26, 2017 8:46 AM To: Patricia Behn <PBehn@pbcgov.org> Cc: Robert P. Banks <RBanks@pbcgov.org>; Nilsa Zacarias (nilsa@nzconsultants.net) <nilsa@nzconsultants.net> Subject: Alley off US1 i adjacent to Tequesta Patricia and Bob: I am continuing to try to find a way to accomplish the ultimate goal of bringing this last piece of this alleyway into Tequesta. I understand what you said regarding the county not having record of being responsible for this alley; however, what about this: The alley appears on the plat, even though it is not labeled in any form or fashion. Under the definitions in Chapter 177, F.S., it seems to me that it IS a "street" and more particularly, and "alley" as those terms are defined in that chapter. Now, the thing exists; it's there. If it's NOT in Tequesta, then it HAS to be in the county. Since you say that the county has no record of doing any maintenance on this alley ever, it does not seem we can use the provisions of Chapter 95, F.S.; but, if by default it IS in the county, could we, at the very least, do an interlocal agreement that grants the Village the right and duty to maintain it? If so, then after the requisite number of years, per Chapter 95, we would be able to take it as ours. My preference would still be to figure out how to annex it into the Village now. Please let me know what you think about the idea of an amended ordinance that revises the legal description to include the alley, as should have been done in 2004. Finally, there is a push by the resident in the county adjacent to the alley on the other side to ask the county to abandon the alley in this area. Both ENCON and the Village are opposed to this for a variety of reasons and I need to make sure this does not happen. I think that perhaps my idea of an interlocal agreement as mentioned above could, at least, prevent this from happening. Please get back to me at your earliest; as always I appreciate your assistance. Keith W. Davis Attorney C;omir-I..1, 1)AVIS AND W111.1.1, ASSI I ION, VA. 1111 Hypoluxo Road, Suite 207 Lantana, Florida 33462 Tel: (561) 586-7116 Fax: (561) 586-9611 Email: Keith@CWDA-1egaI.com Please make a note of our new e-mail address From: Patricia Behn [mailto:PBehnCa@pbceov.oral Sent: Monday, June 12, 2017 2:22 PM To: Keith Davis <Keith@cwda-lesal.com> Cc: Nils@ Zacarias <nzacarias@teguesta.ors>; Michael Couzzo (mcouzzo@teguesta.ore) <mcouzzo@tequesta.ore>; Robert P. Banks <RBanksi2pbceov.org> Subject: RE: Emailing - Patricia Behn June 2017 Alley.pdf Thanks, Keith. I'm in receipt of the letter and hope to get back with you after speaking with Bob, Lorenzo and Engineering staff. From: Keith Davis [_mailto:Keith @cwda-legal.coml Sent: Monday, June 12, 2017 2:05 PM To: Patricia Behn <PBehn@ pbcgoy.org> Cc: Nilsa Zacarias <nzacarias@teguesta.org>; Michael Couzzo (mcouzzo@teguesta.org) <mcouzzo@tequesta.org>; Robert P. Banks <.RBanks@pbcgovorg> Subject: Emailing - Patricia Behn June 2017 Alley.pdf Please see the attached, the original is in the mail today. Thank you. Keith W. Davis, Esquire Attorney R1 CORRCTT, WHITE, DAMS AND ASHTON, M. 701 Northpoint Parkway, Suite 205 West Palm Beach, Florida 33407 Tel: (561) 586-7116 Fax: (561) 586-9611 Email: Keith@CWDA-legal.com Please make a note of our new business address From: Keith Davis Sent: Thursday, June 15, 2017 7:54 PM To: 'Patricia Behn' <PBehn@pbcgov.org> Subject: RE: Emailing - Patricia Behn June 2017 Alley.pdf Thank you. It is my understanding that the residents to the east are trying to get an abandonment going. The Village (as well as the Loxahatchee River District) strongly oppose any abandonment as this alley serves a real and significant public purpose for access and utilities. Keith W. Davis, Esquire Attorney MM COR-BETT WHITE, MM DAVIS ANDASHTON, PA. KEITH W. DAVIS ATTORNEY AT LAW Board Certl6ed in City, County and Local Goveniment Lm June 12 2017 Patricia Behn Deputy Planning Director Palm Beach County Planning, Zoning & Building Department 2300 North Jog Road West Palm Beach, Florida 33411 Re: Village of Tequesta; Unincorporated Portion of Alley east of U.S. Highway #1 Patricia: To follow up our various meetings and discussions of late regarding the above referenced topic, I have enclosed for your review and consideration a Memorandum from the Village's Planner, Nilsa Zacarias, as well as a series of documents referenced therein dating to the 2005 timeframe. As you Will see from a review of these materials, when what was then referred to as the "Turtle -Beach Office Building" site was voluntarily annexed into the Village, it was contemplated that the adjacent poton of the alleyway would most appropriately be brought into the Village of Tequesta via interlocal agreement with the county (See pages 15-19 of the enclosed Tequesta Village Council September 7, 2005 meeting minutes, as well as the July 25, 2005 letter from Palm Beach County Engineering/Public Works). It seems that at that point in time, both the Village and the County were interested in having this portion of the alleyway be annexed into the Village via interlocal agreement. Based on these documents we are asking you to re-evaluate the situation and re -assess your position on this matter. The annexation of this portion of the alley is of great importance to the Village and is necessary to facilitate the development of the adjacent lot Moreover, this is the only portion of the entire alley that is not within the jurisdiction of the Village of Tequesta. Nothing has changed since 2005 in terms of the physical condition of the area, the desire to have the alley be brought into the jurisdiction of the Village, or the mechanisms available to accomplish this. KJndly get In touch once you have had an opportunity to review these materials so that we can continue to discuss this and bring this matter to a successful res lu '. n. fti " I Si W. D General unsel Village of Tequesta Cc: Nilsa Zacarias, Village Planner Michael Couzzo, Village Manager Robert Banks, Assistant County Attorney\ Enclosures VILLAGE OF TEQUESTA Community Development Department To: Mr. Keith Davis, Esq., Village Legal Counsel From: Nilsa Zacarias, AICP, Community Development Director Date: June 9, 2017 Ref.: Annexation of Alley through an Interlocal Agreement The Village of Tequesta is processing an application for site plan review to build a four (4) level 15,296 sq. ft. office building. The subject application is located on US Hwy 1 between Palm Court and Harbor Road in Tequesta, Florida, 33469. The legal description for the property is JUPITER HEIGHTS LTS 1 TO 9 INC & ABND 40 FT STRIP LYG W & AD1 THERETO BLK 5. The Parcel Control Number for the property is 60-43-40-30-02-005-0010. The applicant is proposing to improve the alley located on the rear of the subject parcel. Based on Staff due diligence, the Village Council approved a multi -story office building to be located on the same parcel on September 7, 2005. Per enclosed minutes, please see the following notes regarding the subject alley: Page 16 - "Mayor Humpage pointed out the alleyway belongs to the County, not the Village." - "Mr. Cheguis indicated they will be able to develop the alley through the Palm Beach County Engineering and Permitting department." Page 17 - "Assistant Village Manager Garlo met with Lisa Lowe, PBC Planning Department and what they were willing to do when Council is ready to take possession of the alley, it could be done through an Interlocal Agreement." - "He note in reference to the letter from Palm Beach County, the letter is on file in the Community Development Department concerning the permission for the landscaping of the right-of-way and the alley." Page 19 - The Village Council asked to pursue an Interlocal Agreement with Palm Beach County. Also, please see enclosed letter from Palm Beach County Traffic Division (July 25, 2005) that stated "The subject alley has no impact on the existing traffic circulation system. Therefore the Traffic Division has no objection to transferring jurisdiction over this alley to the Village of Tequesta. The county will have no claims to the alley after the annexation to the Village and the proposed improvements as shown on site plan DWG. #031013SP dated May 25, 2005 for Palm Court and Harbour Court." The enclosed documents indicate that the alley was under consideration to be annexed by the Village of Tequesta through an Interlocal Agreement. In addition, the meeting notes and letter from Palm Beach County stated that the county had ownership over the subject alley. a Departmont oP Engineering and Public Works P.O. Box 21229 Wesr Palm Beach, FL 334I6.1229 (561) 684-4000 www, pbcgov.corn Palm Beach county Board of County Commissionors Tony Masilotti, Chairman Addia L. Greene, Vice Chairperson Karen T Marcus feFf Koons Warren H. Newell Mary McCarty Burr Awonson County Adminl8tramr Robert Weisman C a N CC) F,ezl• 'An EqualOppornmfry Ajf afivc Acrfon EnMpfoyar" INTEROFFICE MEMORANDUM DATE: July 25, 2005 TO: Jim Peters, Permit Coordinator Land Development Division FROM: Bogdan Piorkowski, P.E., Registered Engineer Traffic Division�� RE: TURTLE BEACH OFFICE BUILDING t1,7LEYWAYISSUE-2NDL,, GE OF TEQUESTA A SUBMITTAL The Traffic Division reviewed the subject project and has the following comment: The subject alley has no impact on the existing traffic circulation system. Therefore the Traffic Division has no objection to transferring jurisdiction over this alley to the Village of Tequesta, The county will have no claims to the alley after the annexation to the Village and the proposed improvements as shown on site plan Dwg. # 031013SP dated May 25, 2005 for Palm Court and Harbour Court. Please be advised that the landscaping within Palm Beach County right of way will have to be reviewed and approved by the Palm Beach County Streetscape Section prior to construction. The Traffic Division appreciates the opportunity to review this project. Attachments: Plans returned herewith PC: Dan Weisberg, P.E., Director, Traffic Division Andrew Hertel, Manager, Streetscape Section File: Municipalities — Village of Tequesta Roads — SR 5 (U-S_ 1) Development — "T" Misc. FAT RAFF IC\btp\RW Perm it_LD_RevieW\TurtleBeachOfrice Bldg-US1-alley-way.doc pdni&J on recyclod paper E10 39vd 1N3N3a0-13113Q GNd_1 CZTVV39199 £I:ST 509Z/9Z/L9 MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING SEPTEMBER 7, 2005 I. CALL TO ORDER AND ROLL CALL - The meeting was called to order by Mayor Jim Humpage at 7:00 P.M. A roll call was taken by Gwen Carlisle, Village Clerk. Present were: Mayor Jim Humpage, Vice Mayor Pat Watkins, Council Member Edward D. Resnik, Council Member Geraldine A. Genco, and Council Member Tom Paterno. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney Karen Roselli, Village Clerk Gwen Carlisle, and Department Heads. Attorney Hawkins was out of Town. II. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Humpage noted Council Member Paterno just got back from the Gulf Region, and has not had any rest after his trip in the delivery of the Village ambulance that was donated in the relief efforts after Hurricane Katrina. Council Member Patemo gave the invocation and led in the Pledge of Allegiance to the flag. He prayed for the people of Mississippi and New Orleans. III. PRESENTATIONS AND PROCLAMATIONS POSTPONED TO 10/13/05 REGULAR COUNCIL MEETING Pfese.,te ien by the l u fe o f Land Management di T it i 1 .,..,..».,.... �.� �..., ,.....�" 6cmcFr�—rv6cnvxnSauprcvc-zrrrcc Nc:cT.0 Proclamation declaring the Month of September 2005 as Sickle Cell Month in the Village of Tequesta. Village Clerk Carlisle read for the record the proclamation declaring the Month of September 2005 as Sickle Cell Month in the Village of Tequesta. IV. APPROVAL OF AGENDA Council Member Genco removed Item 12. Vice Mayor Watkins removed Item 6. MOTION: Vice Mayor Watkins moved to approve the agenda, as amended; seconded by Council Member Resnik; motion passed 5-0. V. UNFINISHED BUSINESS ORDINANCE 600 — SECOND READING — AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78, ARTICLE VI, SCHEDULE OF DISTRICT REGULATIONS, Minutes - Village Council Regular Meeting 09/07/05 Page 2 DIVISION 2, SCHEDULE OF USE REGULATIONS, SECTION 78-177, TO PROVIDE FOR ADULT ARCADE AMUSEMENT CENTERS AS DEFINED HEREIN, AS A SPECIAL EXCEPTION USE IN THE C-2 ZONING DISTRICT; PROVIDING REGULATIONS FOR ADULT ARCADE AMUSEMENT CENTERS, INCLUDING BUT NOT LIMITED TO, LOCATTONAL REQUIREMENTS, OPERATIONAL STANDARDS, SIGNAGE REQUIREMENTS, SUPPLEMENTAL SPECIAL EXCEPTION REQUIREMENTS, SUPPLEMENTAL OCCUPATIONAL LICENSING REQUIREMENTS, STANDARDS OF PATRON - CONDUCT, REGISTRATION REQUIREMENTS FOR MACHINES; AMENDING CHAPTER 70, SECTION 70-46 TO ESTABLISH AN OCCUPATIONAL LICENSE FEE OF $2,500.00 FOR ADULT ARCADE AMUSEMENT CENTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Humpage read the title of Ordinance 600. Mayor Humpage opened the public hearing. Council Member Paterno stepped out ofthe meeting. MOTION: Vice Mayor Watkins moved to approve Second Reading of Ordinance 600; seconded by Council Member Resnik (see vote at end ofdiscussion) Council Member Paterno returned to the meeting. Vice Mayor Watkins commented for the public, she has been stopped a few times over this issue, and wanted them to know the reason Council was putting this in place was to try and make it so difficult for someone to have one of these establishments in Tequesta. She stressed this was not to encourage this type of business to come into Tequesta. She felt this ordinance was needed to protect the Village. A resident in the audience questioned what would be covered under this ordinance. Vice Mayor Watkins noted it comes under gambling. She noted there were so many limitations on it that it makes it almost virtually impossible to have one of these businesses. Council Member Resnik commented Council has reviewed the changes, and all the changes have been incorporated into the document. He noted he would support the ordinance as proposed. (Public Comment) Mr. Richard Kay, resident U.S. Highway One commented he was quite imprewed by this ordinance. He questioned whether there was any possibility of people coming in and being able to get a permit, that if it could be illegal under the Federal or State Law. Village Attorney Rosclli noted this ordinance was supplemental to the State gaming requirements and it incorporates by reference any future Federal intemet gaming 2 Minutes - Village Council Regular Meeting 09/07/05 Page 14 Council Member Genco noted if Council only has it as a discussion item, with no action, then they can not do anything. Council Member Paterno noted Council could also table it if needed. Village Manager Couzzo suggested adding the item to the September 15, 2005 Council Workshop for discussion. Council Member Paterno asked what the subject was for the Council Workshop. Village Manager Couzzo noted the agenda for the Workshop included discussion on C-2, Growth Management Issues. Council Member Paterno noted Council would need to allot enough time, because Chief Weinand may need more time. Council Member Genco noted regardless the item would still need to be listed as an action item. Council Member Resnik asked Council if they wanted to have the fire station as an action item, even if Chief Brice was not present. Mayor Humpage clarified Council would do it as an action item on the next Regular agenda, but Chief Brice did not need to be at the Workshop. Council Member Genco suggested Council express their interests in what they would like Village Manager Couzzo to have for the next meeting, independent of the agenda. Mayor Humpage noted Chief Brice was fine with it coming in October. Village Manager Couzzo suggested after the Workshop if Council wanted Chief Brice at the October Meeting then he could let him know. Council Member Resnik noted he felt the County did not want to do this lease. Village Manager Couzzo indicated the County changed their position. Consensus of Council agreed to do Fire Station #11 as part of the Workshop agenda, and put it as an action item for October. Mentioned he spoke with Congressman Mark Foley's local representative, Mr. Bradley Scrible, and he was aware of what the Village was doing regarding the ambulances. He noted Congressmen Foley is introducing legislation in the House to separate FEMA from the Department of Homeland Security. He mentioned he wanted Council to know, and felt they would hear something from him in writing. He mentioned when the Village Staff and Council Member Paterno left with the ambulance they were joined in a convoy with City of Boca Raton, who donated two ambulances. He noted they had stripped all their information from the side of the ambulances. He mentioned once they would get to their designation no one would know where it came from. He mentioned Mr. Richard Goldberg, from Sir Speedy donated a banner/decal stating "Gift from the Village of Tequesta, Florida. He commented the Village wanted the people that received it to know where it came from. X. DEVELOPMENT MATTERS 18. Council approval for a Site Plan Review for Turtle Beach Construction Offices, located on the east side of U.S. Highway One. 14 Minutes - Village Council Regular Meeting 09/07/05 Page 15 Mr. Jack Horniman, Village Planning and Zoning Consultant, JLH Associates, noted Turtle Beach is a proposed Commercial development located on U.S. Highway One. He mentioned the site plan review has gone through the Planning and Zoning Advisory Board and has received their recommendation and approval. The reviewed the three issues that was discussed at the Planning and Zoning Board meeting: 1) landscaping of the alley which lies behind their site, and outside of their property; 2) lighting issues in the back; and 3) garage doors in the parking area for security purposes. He felt they have adequately addressed those issues. He mentioned Mr. Brian Cheguis from Cotleur & Hearing was present to make his presentation to Council. Mr. Brian Cheguis, Cotleur & Hearing, and representing the owner mentioned the project was before Council over 1 %s ago for the zoning, land use and annexation into the Village. He noted since then the owner has left the Atrium building in North Palm Beach and moved to Jupiter, and now the owner was very interested in relocating their corporate headquarters to Tequesta. He noted the applicant was here to ask Council for Site Plan approval this evening. He noted the plans have not changed since the last visit to Council, just some minor tweaking of the plan. He gave a brief history of the site location, noting it was on the east side of U.S. Highway One, between Harbor Court and Palm Court, with Jupiter Heights subdivision to the east of the project site. He mentioned this is a %z acre site, and is zoned C-2, Community Commercial, and this use is a two story office building with under building parking and storage, and mechanical space. He noted the parking meets the requirements of the code, and the site meets all the land use regulations. He noted it is the intent of the applicant to improve the alley behind the development, since speaking with the adjacent residents and their concerns with the new building coming in. He felt the alleyway is integral to the site design, with parking under the building, and access to the alley from Palm Court. He noted what the applicant was proposing was along the east side of the alley, they were proposing to put in a 5 foot landscape buffer, above and beyond the on -site landscape buffer, to further protect the residents across the alleyway. He noted they proposed to pave the alleyway, and put in drainage facilities. He felt that would provide excellent access for the adjacent residents to use for walking, cycling, etc. Mr. Cheguis noted the building style would be Mediterranean, approximately 8,000 square feet of office use, and be the corporate headquarters for Turtle Beach Construction, and some office space for lease. He noted the amenities included paving, pavers throughout the site, architectural elements adjacent to the pedestrian walkway and adjacent to the vehicular access point into the site. He mentioned the site is completely compliant with the American Disability Act (ADA) for access and parking under the building. 15 Minutes - Village Council Regular Meeting 09/07/05 Page 16 Mr. Cheguis noted the project came before the Planning and Zoning Advisory Board on August 4, 2005 and was unanimously approved by the Board. He noted the Board raised a couple of issues that the applicant has no objection with such as: the landscape plan, prepared by Parker- Yannette, that incorporated landscaping that goes outside the project site and into the right-of-way on Palm Court and Harbor Court. He mentioned the County has no objection to the landscaping, or the right-of-way permits. He noted the second issue that came up was the Board members asked if the applicant could put lighting across the alleyway to shine back towards the building, so it would not shine into the adjacent residents homes. He mentioned they had no problem with the Board's request. He mentioned the lights would be controlled for photo -metrics so there would be no light spillage on to the adjacent properties. He commented the third issue was the garage doors. He noted with the original plan they were going to have open ending parking at the back of the building, no garage doors. He mentioned there were resident concerns on the look of the parking area. He indicated after speaking with Staff it was suggested for security purposes to have doors there that would be architecturally treated to look nice, and not cause any security concerns at night with transients etc. He pointed out the applicant wanted to make sure the residents could use this alleyway and not have any safety concerns. He noted the applicant agreed to put the garage doors on the building. He felt with all the features it would be a premiere building for the Village. He noted the applicant wanted Council to know that they will be a great corporate citizen, and an excellent neighbor to the surrounding residents. Council Member Genco commented that it was a great building. Council Member Resnik agreed. Vice Mayor Watkins indicated she was glad to see all the landscaping in the front of the building on the U.S. One side. Council Member Genco noted the applicant has not asked for any exemptions or waivers. Mayor Humpage pointed out the alleyway belongs to the County, not the Village. Council Member Genco asked if the applicant would be getting a letter from the County. Mr. Cheguis indicated they will be able to develop the alley through the Palm Beach County Engineering and Permitting department. He suggested it would be an excellent addition to the Village to annex in an improved alleyway. He felt it worked for the residents and the applicant, and was an improved amenity for the Village. He explained that might be a Staff initiated annexation request in the future. He noted the County has no intention of doing anything with the alleyway, because it serves no traffic purpose for them. Council Member Genco asked if they wanted to have the County abandon the alleyway. Mr. Cheguis noted they would prefer that the Village take it on. He indicated it was designed to meet the Village's emergency services requirements. He noted they met with Fire Chief 1<1 Minutes - Village Council Regular Meeting 09/07/05 Page 17 James Weinand, and he accepted the design of the 12 foot paved area with 5 foot landscaping on one side. Mr. Cheguis mentioned the County was concerned that as long as it met the Village requirements that they had no issues with the applicant improving the alleyway. Council Member Genco felt Attorney Roselli would know this better, but the County could abandon the easement in the applicants favor, then the applicant could let the Village know that they wanted to annex the alleyway into the Village. Attorney Roselli agreed that would be the easiest way. She noted there is an abandonment process that is somewhat lengthy. Council Member Genco indicated that would be so much easier. Council Member Paterno noted there was one issue that needed to be addressed. He commented he was all for the project, but in reference to the alleys, for consistency, he noted Commissioner Karen Marcus at their workshop was interested in the Village taking all those alleys. He agreed he would be more inclined for the Village to take all those alleyways, so that the Village has an alleyway going all the way through, and then they could regulate it. He mentioned Commissioner Marcus was willing to work with the Village, and felt it would be better then giving a part to each individual property. Village Manager Couzzo noted this was the most southern property and everything else was to the north. Mr. Cheguis indicated the applicant represents the first portion of the alley. Council Member Paterno noted he would rather see the Village take the alley than the applicant taking the alley. He questioned how the garage doors were going to open, whether they would fold out or roll up. Mr. Cheguis noted the architect will design them so that they roll up into the building. Council Member Paterno noted his concern that they not flip out into the street. Mr. Cheguis indicated he felt the architect should be able to accommodate that request, if it was a concern. He indicated Council could make that a condition of approval. Council Member Paterno asked if the applicant would agree to that. Mr. Cheguis agreed to roll up doors as a condition of approval. Council Member Paterno questioned whether the applicant had the letter from the County regarding the landscaping. Council Member Genco noted they did not have the letter yet. Mr. Jeff Newell, former Director of Community Development and now the Director of Planning, Zoning, and Building for the Town of Jupiter Island commented in reference to the alley. He mentioned Assistant Village Manager Garlo met with Lisa Lowe, PBC Planning Department, and what they were willing to do when Council is ready to take possession of the alley, it could be done through an Interlocal Agreement. He noted in W4:1 -'' reference to the letter from Palm Beach County, the letter is on file in the Community Development Department concerning the permission for the landscaping of the right-of-way and the alley. Council Member Paterno WA Minutes - Village Council Regular Meeting 09/07/05 Page 18 questioned whether the applicant was going to utilize FPL lighting or if they were going to put it underground in the alley. He mentioned concerns with the applicant putting his lights out on Village property. Village Manager Couzzo questioned where lights were going to be located in the alley. Mr. Cheguis noted based on the Planning and Zoning Board desire, they would like to see the lights placed across the alleyway in the 5 foot landscape buffer, shining back across the alley to their building. He indicated their concern was for any spillage of lights back on the residential neighborhood. He mentioned the applicant did not see it as a problem, but it would have them in the Village right-of-way. He noted the lights would be in the 5 foot landscape buffer, free and clear of the emergency vehicle 12 feet wide emergency clearance. Council Member Paterno noted he was not in favor of the applicant putting their equipment on Village property, as far as liability concerns. He asked whether there was any FPL poles in the area, so if the alley was torn up the Village would not be responsible for the lighting. Mayor Humpage indicated the Village would have to give the applicant a utility easement. Village Manager Couzzo asked if they could do real lighting off the building. Council Member Paterno suggested the lights could be shined upward or downward. Village Manager Couzzo noted the downward lighting could be pointed down and shielded in. Mayor Humpage suggested Goose necked lighting. Council Member Paterno agreed. Mr. Cheguis clarified that the applicant would provide lighting on the building with it shielded down, to ensure there is no spillage to the residential. He noted it was achievable. Council Member Resnik asked if the applicant could mount the poles on the building and have it shine down. Mr. Cheguis agreed that could be done. Village Manager Couzzo noted they could also mount the lighting in the soffits. Council Member Paterno mentioned there were a lot of options for the lighting. Council Member Paterno questioned the stairs on the drawing coming out the back. He asked whether that was a walkway or a door. He asked if the door opened out to the street. Mr. Cheguis responded no. Vice Mayor Watkins commented it was a very nice project, and a real asset to the Village. Council Member Paterno agreed it was a great project, an asset to the community, and the type of property/renovation he would like to see. He felt it added a lot of character to the community, and it would set a precedence of the neighborhood to bring things up to code. He mentioned it met all requirements of the code, and it does not need any exemptions. He felt that was the most important issue, that this is the kind of project the Village wants, and the type of Tequesta the residents like to have. Village Manager Couzzo asked the applicant to amend their design to incorporate the rear lighting, to light the rear of the property and not spill to the adjacent property owners. Council Member Paterno noted the roll up doors was also a condition. Mr. Cheguis agreed. Council Member 18 Minutes - Village Council Regular Meeting 09/07/05 Page 19 Genco asked the Village Manager to pursue separately an Interlocal Agreement with Palm Beach County. Mr. Couzzo agreed. Council Member Paterno asked whether the street on the south side was owned by the Village, or Palm Beach County. Village Manager Couzzo indicated it was County owned. Mr. Cheguis commented Harbor Court and Palm Court are County roads. Village Manager Couzzo suggested this would be an annexation discussion for a future meeting. Council Member Paterno asked if the Village would be looking to annex the two streets and the alleyway. Village Manager Couzzo noted Staff could look at that possibility. Council Member Paterno suggested annexing from the rear of alley to U.S. Highway One, along with the alley. Council Member Genco noted anything adjacent to the property line. Council Member Paterno agreed everything all round and abutting the property should come into the Village. MOTION: vice Mayor Watkins moved to approve the Site Plan for Turtle Beach Construction Office, subject to the following conditions: 1) Lighting be on the building and shielding in a way that no spillage would go into the adjacent residential neighborhood; and 2) design the garage doors so that they roll up into the building; seconded by Council Member Genco; motion passed 5-0. XI. NEW BUSINESS 19. Council approval for a proposal for engineering services in connection with the renewal of the South Florida Water Management District (SFWMD) Water Use Permit to Arcadis Reese Macon and Associates, Inc. Ms. JoAnn Forsythe, Director of Finance and Chair of the Negotiating Committee commented the Negotiating Committee was established to negotiate for Professional Engineering Services and because of the time urgency in getting the Consumption Use Permit. The committee extracted the Water Use Permit out of the negotiations and were bringing it before Council. Council Member Genco questioned whether this was one of the projects of the $184,000 that Council approved about 3 months ago. Ms. Forsythe noted it may have been part of that approval. Council Member Paterno asked whether the original amount was for $25,000, and now the bid was down to $15,000. Village Manager Couzzo indicated the original amount was $24,000. Council Member Patemo pointed out this could be potentially a $9,000 reduction for the Village. Village Manager Couzzo commented Ms. Forsythe is the Chair of the committee, but Staff has tried to minimize the amount of time that was needed and have some of the permitting done by Staff by providing the backup data needed for them to submit to the SFWMD. He mentioned the Village's relationship with the District has been real good, and indicated there was an article on the cover of the Post neighborhood section about the Village's well. He 19 v 4�H OF )EQG Af'VILLAGE . TEQUESTA 345 Tequesta Drive A f�CN CCCM�+ 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, N, zap,, 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, FLORII)A, ANNE30NG INTO THE VILLAGE PARCELS OF LAND, WHICH ARE CONTIGUOUS TO THE VILLAGE LMT -S, OWNED BY DEBORAH HOWELL AND DOUGLAS HOWELL. A COMMERCIAL PROPERTY LOCATED AT U.S. F9GHWAY ONE, TEQUESTA, FLORIDA 33469; PROVIDING A LEGAL DESCRIPTION OF TIHE 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 SEVERABILrrY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADVERTISING, AND PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUrF COURT OF PALM BEACH COUNTY, FLORIDA, AND FLORIDA DEPARTMENT OF STATE UPON ADOPTION. WHEREAS, dic petitioner, Deborah Howell and Douglas Howell, owner of those hods more particularly dcscnl)cd in Exhibit "A", attached hereto and made a part hancK by and through their agent Codeur & Hearing, have requested that the Vidlage of Taquesta, annex catain lands into the corporate hinits of the Village-, and WHEREAS, the ViI1W Council of the Village of Tcqucsta finds that said lands are contiguous with die corporate limits of the Village of Tequesta, create Do enclaves and the Village of Tequesta can effwbwly provide pohoe fire, water, and sanitary services to said land, all in compliance with the terms; and requiiwients of Chapter 171, Florida Statutes, and the Village of Tequesta Code; and WHEREAS, the property shall be in accordance with the regulatory requiranents of Pahn Beach County, until such twx 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 Toquesta, Florida, hereby anwws to the Village an area contiguous, compact, unincorporated territory as hereinafter descnbed: LOTS I THROUGH 9, INCLUSIVE, BLOCK 5, JUPrI7ER HEIGIM, 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. TOGEIIIER WITH A PARCEL OF LAND 40 FEET IN WIDT'H, MEASURED FROM EAST TO WEST, AND 180 FEET IN LENGW MEASURED FROM NORTH TO SOUT7H, LYING IMMEDIATELY WEST OF AND ADJACENT TO LOTS I 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 #I (STATE ROAD #5) RUNNING PARALLEL TO SAID ROAD AND BETWEEN SAID ROAD AND SAID LOTS I THROUGH 9, INCLUSIVE, OF BLOCK 5. CONTAINING 21,600 SQUARE FEET MORE OR LESS. Section 2. Ile 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 Wage of Tequesta. Section 6. Effective Date. T'his Ordinance shall take effect unnuxhately upon the passage and adoption of a land use and zoning designation acceptable by the owners and or their assigm of the property. Councilmember U o -i �'A 4 r- offered the foregoing Ordinance, and moved . its adqption, The motion was secotided by Councilmember VOW ('9AN)4 and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION NIA,W, PAT WAI-KltJ5 VICI /-iAli66 6-LkAi-r)1xJ'C A &CN(0 (1oUfJ(10-10-46QN FDkVAK[.) 0, jet�%XIK e0L1A)(1LNLN13Q�- ROS'5-L-,LL- VON �-KA44- (!&uA)(jj /4LNe>e'K J'iMPW-1P/AG-C Ile Mayor thereupon declared the Ordinance duly passed and adopted this day of A 02, 1 L- 2004. MAYOR OF TEQUESTA Pat Watkins ATTEST: Mary Miles, �;- 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 1, 2,3,4,3,6,7,8 AND 9, BLOCK 5, JUPITER HEIGHTS, AS RECORDED IN PLAT BOOK 23, PAGE 69, PUBLIC RECORDS OF PALM BEACH COUN'ry, FLORIDA, TOGETHER WITH A PARCEL OF LAND 40 FEET IN WIDTH, MEASURED FROM EAST 1-0 WEST, AND 180 FEET IN LENGTH, MEASURED FROM NORTH TO SOUTH, LYING IMMEDIATELY WEST OF AND ADJACENT 1*0 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 REACH COUNTY, FLORIDA. CONTAINING: 21,600 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS. RESTRICTIONS, RESERVATIONS, AND RIGHTS OF WAY OF RECORD. Hereby respectfully request that said property. which is contiguous to the territorial limits of the Village of Taquesta, Florida, be annexed to and included within the territorial limits of the Village of Tequests. 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 are the only owners of sold property. Dated this /1-5, Property Owner: Jr. State of Florida County of Palm Beach BEFORE ME, personally appeared ee 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. % Notary Public state or Florida Largc My Commission Expires: MICHAEL SANCHEZ Commission 0 FF 90896 My Commission Expires February 09, 2016 11 Palm Beach County Annexation Information Sheet Please submit the following information regarding each proposed annexation: Name PARCELAnnexation US HWY ONE AND ALLEY Annexation Type Voluntary Acres Total: 0.579 acres (Total1 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 V cl, EXHIBIT "A" SKETCH OF LEGAL (THIS IS NOT A SURVEY) p,Aq,4 COtjRT,,— C� LO r C) LOT LOT 3 LOT 4 0 LOT' LOT 6 LOT LOT 8 9 GREGORY T. TUCKER PROFESSIONAL SURVEYOR & MAPPER FLORIDA REGISTRATION No.: 6147 AP sotJT14 -,�qgAOOR 10 to SCALE: 1"= 49 Legqcy Surveying and Mappin& Inc. 112 N. U.S. Highway No. 1 Tequesta, FL. 33469 Phone: (561) 746-8424 BUSINESS LICENSE: LB# 8130 DATE: JULY 17,2017 SHEET 1 OF 2 JOB NO.: 17-105 EXHIBIT"No LEGAL DESCRIPTION LOTS I 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 I 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. Legacv %-A—w 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 Department of Planning, Zoning & Building 2300 North jog Road West Palm Beach, FL 33411-2741 (561) 233-5000 Planning Division 233-5300 Zoning Division 233-5200 Building Division 233-5100 Code Enforcement 233-5500 Contractors Certification 233-5525 Administration Office 233-5005 Executive Office 233-5228 www.pbcgov.com/pzb 0 Palm Beach County Board of County Commissioners Paulette Burdick, Mayor Melissa McKinlay, Vice Mayor Hal R. Valeche Dave Kemer Steven L. Abrams Mary Lou Berger Mack Bernard County Administrator Verdenia C. Baker "An Equal Opportunity Affirmative Action Employer" printed on sustainable andrecycledpaper August 2, 2017 Nilsa Zacarias Community Development Director Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469-0273 VIt I A(.: F (): 1, � ! ? 1, RE: Proposed Annexation Turtle Beach Property Alleyway Revision, 2017-60-001 Dear Ms. Zacarias: Thank you for providing the County advance notice and the opportunity to review the annexation summarized below. Name Description Turtle Beach Property Acres: 0.58 Alleyway Revision Location: Southeast corner of U.S. Highway 1 and Palm Ct 2017-60-001 Ist Reading: 8/10/2017 2nd Reading: Not determined The proposed annexation was processed through the County's Annexation Review Process. County staff has not identified any inconsistencies with Chapter 171, Florida Statutes (F.S.). The Village previously adopted the voluntary annexation of the Turtle Beach property on April 8, 2004 per Ordinance 586. The right-of-way buffer abutting the east side of the property was erroneously left out of the original annexation. After the departmental review, the Engineering Department recommended that the Village should protect the 25 -foot corner clips at the intersections of (1) Palm Court and US Highway 1 and (2) Harbor Road S and US Highway 1. In addition, Engineering staff recommends the annexation of the entire platted subdivision so that no portions are left within unincorporated Palm Beach County. 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. Sincerely, 10 L�renzo hemo' 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 t: \plan ning\i ntergovernme ntaftannexatio ns\201 7 fiscal yearMetterskteq-turtle beach property alleyway revision- aug.2017.docx ATTACHMENTS SITE PLAN REVIEW PROCESS ORDER OF THE VILLAGE COUNCIL VILLAGE OF TEQUESTA REQUEST FOR VARIANCE APPROVAL CASE NO.: VAR -02-17 FILED: Village of Tecluesta IN RE: Bard Real Estate, Inc., Owner / Applicant Date: S -/0- 1-7 11me: PROPERTY LOCATION: U.S. Highway 1, Tequesta, FL 33469 (between Palm Ct., and Harbor Rd., S.) LEGAL DESCRIPTION: JUPITER HEIGHTS LTS I TO 9 INC & ABND 40 FT STRIP LYG W & ADJ THERETO BLK 5 PARCEL CONTROL NUMBER: 60-43-40-30-02-005-0010 VARIANCES REQUESTED: Variance from Sec. 78-143 to allow construction of a new four story office building with a side setback of 20 feet where the code requires a side setback of 25 feet; and Variance from Sec. 78-143 to allow construction of a new four story office building with a rear setback of 10 feet where the code requires a rear setback of 15 feet; and Variance from Sec. 78-691 to allow construction of a new four story office building with seven of the required off-street parking spaces being a width of 9.5 feet where the code requires all off-street parking spaces to have a minimum width of 10 feet; and Variance from Sec. 78-696 to allow construction of a new four story office building with a loading zone located in the front drive aisle where the code requires the loading zone to be located outside of all designated drive aisles; and Variance from Sec. 78-409 to allow construction of a new four story office building with a one foot wide landscape buffer on a portion of the site between the parking lot and the south side of the building where the code requires a four foot wide landscape buffer. ORDER APPROVING VARIANCE APPLICATION This cause came on to be heard upon the above application and the Tequesta Village Council having considered the evidence presented by the applicant and other interested persons at a hearing called and properly noticed, and the Tequesta Village Council, being otherwise duly advised, THEREUPON, THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA FINDS AS FOLLOWS: Page I 1. The subject property is located in the C-2 Zoning District in the Village of Tequesta. 2. The applicant has submitted all documents required by the Village's Code of Ordinances for variance review. 3. The application and all supporting documentation and presentation materials as reviewed by the Village Council at its March 9, 2017 meeting, and as kept on file by the Village, are made a part hereof and are hereby incorporated by reference as Exhibit "A". 4. According to Section 78-61, variance approval by the Village Council is required. 5. The applicants have applied for variances from Sections 78-143, 78-691, 78-696 and 78-409 to allow the construction of a new four story office building as specified above. 6. Under the provisions of the Village Code of Ordinances, the Village Council has the right, power and authority to act upon the request herein made. IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS: The application for Variance, Case No. VAR -02-17 with reference to the above described property within the Village of Tequesta, Palm Beach County, Florida, to allow construction of a new four story office building with a side setback of 20 feet where the code requires a side setback of 25 feet; and a rear setback of 10 feet where the code requires a rear setback of 15 feet; and with seven of the required off-street parking spaces being a width of 9.5 feet where the code requires all off-street parking spaces to have a minimum width of 10 feet; and a loading zone located in the front drive aisle where the code requires the loading zone to be located outside of all designated drive aisles; and a one foot wide landscape buffer on a portion of the site between the parking lot and the south side of the building where the code requires a four foot wide landscape buffer in the C-2 Zoning District in accordance with Exhibit "A" is hereby APPROVED since the Village Council hereby finds that the applicants have met the standards set forth in Section 78-65 of the Tequesta Zoning Code for variance approval WITH THE FOLLOWING CONDITIONS OF APPROVAL: 1. The Applicant shall at all times comply with all off-street parking requirements in terms of the number of required off-street parking spaces provided. 2. The proposed parking spaces located in the bottom floor of the proposed building shall be available as off-street parking spaces and shall not be closed off from general use for off-street parking. Page 2 The term applicant(s) as used herein shall include all successors and assigns. The variance shall expire within six monthsfrom the date ofgrant, unless a building permit bayed upon and incorporating the variance is issued within the six-month period and construction has begun thereunder. DONE AND ORDERED THIS DAY OF MARCH, 2017. C- - - - - - - - - - MAIY07- "9BIG 'IL IlkEIINAW, VILLAGE OF TEQUESTA LORI MeWILLIAMS, MMC VILLAGE CLERK ? \1 UVCS4�At oppon "reo �'Islt'4. 10.0,, Page 3 ORDER OF THE VILLAGE COUNCIL VILLAGE OF TEQUESTA CASE NO.: VAR -02-17 FILED: Villap of Tequesb Date: K- ILL I IN RE: Bard Real Estate, Inc., Owner / Applicant 11 . 1. 1 a A. PROPERTY LOCATION: U.S. Highway 1, Tequesta, FL 33469 (between Palm Ct., and Harbor Rd., S.) LEGAL DESCRIPTION: JUPITER HEIGHTS LTS I TO 9 INC & ABND 40 FT STRIP LYG W & ADJ THERETO BLK 5 PARCEL CONTROL NUMBER: 60-43-40-30-02-005-00 10 VARIANCES REQUESTED: Variance from See. 78-143 to allow construction of a new four story office building with a side setback of 20 feet where the code requires a side setback of 25 feet; and Variance from See. 78-143 to allow construction of a new four story office building with a rear setback of 10 feet where the code requires a rear setback of 15 feet; and Variance from Sec. 78-691 to allow construction of a new four story office building with seven of the required off-street parking spaces being a width of 9.5 feet where the code requires all off-street parking spaces to have a minimum width of 10 feet; and Variance from Sec. 78-696 to allow construction of a new four story office building with a loading zone located In the front drive aisle where the code requires the loading zone to be located outside of all designated drive aisles; and Variance from See. 78-409 to allow construction of a new four story office building with a one foot wide landscape buffer on a portion of the site between the parking lot and the south side of the building where the code requires a four foot wide landscape buffer. ORDER GRANTING EXTENSION OF TIME FOR VARIANCE This cause came on to be heard upon the above request for an extension of time and the Village Council for the Village of Tequesta being duly advised, hereby finds as follows: The Village Council approved the application for a variance in Case No. VAR -02-17 on March 9, 2017. 2. According to Section 78-68 of the Village of Tequesta Zoning Code, the variance was set to expire within six months from the date of grant, unless a building pen -nit Page I based upon and incorporating the variance was issued within tile six-month period and construction had begun thereunder. 3. The applicant has made a written request for a six (6) month extension of time of the Order granting the variance application so that it will have time to obtain all necessary pen -nits and commence construction. 4. According to Section 78-68 of the Village of Tequesta Zoning Code, the Village Council has the right, power and authority to grant the extension being requested by the applicant. 5. In the judgment of the Village Council, the public convenience and welfare will best be served by approving the request for an extension. IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS: The request for extension of time for Variance VAR -02-17, Bard Real Estate, Inc., with references to the property described herein, located in the Village of Tequesta, Palin Beach County, Florida, to allow the applicant: A six (6) month extension of time for the variance granted in Case No. VAR -02- 17; said extension of time to commence on September 9, 2017, is HEREBY APPROVED in accordance with tile Village Zoning Code. Each and every other requirement and condition of the March 9, 2017 Order Granting Variance shall remain in full force and effect. DONE AND ORDERED THIS 10 DAY OY_AL�GUST, 2017. MAYO,WABICY'AIL BRENNAN, VILLAGE OF TEQUESTA LORI McWILLIAMS, MMC ONCORPORATED VILLAGE CLERK A./ 4 Page 2 ORDER OF THE VILLAGE COUNCIL VILLAGE OF TEQUESTA REQUEST FOR SITE PLAN REVIEW APPROVAL CASE NO.: SPR 03-17 ILED: Village of Tequ" Date: L14-1 VM IN RE: Bard Real Estate, Inc., Owner / Applicant 'rime: 7n,�fyf Ax, PROPERTY LOCATION: U.S. Highway 1, Tequesta, FL 33469 (between Palm Ct., and Harbor Rd., S.) LEGAL DESCRIPTION: JUPITER HEIGHTS LTS I TO 9 INC & ABND 40 FT STRIP LYG W & ADJ THERETO BLK 5 PARCEL CONTROL NUMBER: 604340-30-02-005-00 10 REQUEST: Approval of Site Plan ORDER APPROVING SITE PLAN APPLICATION This cause came on to be heard upon the above application and the Village Council of the Village of Tequesta having considered the evidence presented by the applicant and other interested persons at a hearing called and property noticed, and the Village Council of the Village of Tequesta being otherwise duly advised, THEREUPON, THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA FINDS AS FOLLOWS: I . The subject property is located in the C-2 Zoning District in the Village of Tequesta. 2. The applicant has submitted all documents required by the Village's Code of Ordinances for Village Council site plan review and final action. 3. The application and all supporting documentation and presentation materials as reviewed by the Village Council at its August 10, 2017 meeting, and as kept on file by the Village, are made a part hereof and are hereby incorporated by reference. 4. According to Village Code Section 78-331, approval by the Village Council is required. 5. The applicants have applied for Site Plan approval to construct a 4 level, 15,296 square foot office building, including landscaping and parking plans, all pursuant to Sec. 78-177 of the Village of Tequesta Code of Ordinances, and in accordance with Page I the application and all supporting documentation and presentation materials. Under the provisions of the Village Code of Ordinances, the Village Council has the right, power and authority to act upon the request herein made. IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS: The application for Site Plan approval as a 4 level, 15,296 square foot office building, Case No. SPR 03-17 with reference to the above described property within the Village of Tequesta, Palm Beach County, Florida, to approve a site plan in accordance with application and all supporting documentation and presentation materials attached hereto as Exhibit "A" is hereby APPROVED with the following conditions: 1. The Applicant shall comply with all conditions of approval contained in VAR 02-17. 2. The bottom level parking spaces located below the upper three floors of the building shall be open and available for use as off-street parking between business hours of 8:00 am and 6:00 pm, Monday through Friday. Garage doors may be secured and closed at other times. To the extent that this requirement has been alleged to be inconsistent with the condition of approval in VAR 02-17, it is the intent of the Village Council to clarify any such misunderstanding and affirin that this condition, as written herein, was, and remains the intent of the condition in VAR 02-17 as well. 3. Rooftop access and use is limited to access for maintenance and use of rooftop equipment (e.g. mechanical equipment, solar panels). Rooftop use for any other purpose (e.g. socializing, gardening) is prohibited. Furniture or related accessories are prohibited on the rooftop. 4. The Applicant shall construct a wall for the privacy purposes of the residents to the east of the site. Such wall shall generally be in accordance with the presentation materials from the August 10, 2017 hearing which are part of the record in this case. Such wall shall be generally 150 feet in length, six feet in height, and positioned generally 2.5 feet off the easterly residents property. Final wall configuration and construction shall require prior Village DRC review and approval, and may require adjustments in order to preserve and protect both the property of the adjacent residents as well as the adjacent alley. The applicant shall also work with the adjacent residents to the east to install appropriate, code compliant, permissible, and the extent possible, agreed upon landscaping adjacent to the east side of the wall. Page 2 Please Note: The term applicant(s) as used here shall include all successors and assigns. The applicant's site plan approval shall expire in twelve (12) months unless a building pen -nit has been obtained in accordance with Sec. 78-334(9). If the building permit expires or is voided, the site plan approval also expires or becomes void. DONE AND ORDERED THIS JD DAY OF T, 2017. MAYOR P16AWBERt VILLAGE OF TEQUESTA LORI McWILLIAMS, MMC VILLAGE CLERK >: F* TED: IN OFIpORA Page 3