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AGENDA DOCUMENTS PLANNlNG AND ZONING DEPARTMENT MEMORANDUM NO. 95-253 Agenda Memorandum for June 6, 1995 city Commission Meeting FROM: Carrie Parker City Manager Tambri J, Heyden j~hi Planning and zoning Director TO: DATE: May 31, 1995 SUBJECT: ANNEXATION PROGRAM - PHASE 2, GROUP 2: Application #2-Royal Manor Mobile Home EstateS\! APplication #3-Carriage Gate Condominium Application #4-Lawrence Oaks Ordinances for Annexation, Future Land Use Plan Amendment, and Rezoning please place the above-referenced items on the June 6, 1995 City Commission meeting agenda under Legal - ordinances, Second Reading. DESCRIPTION: You will recall that the above-referenced properties are being annexed as Phase 2, Group 2 of the City's Annexation program. The City Commission approved the applications for these properties on January 17, 1995, therefore approving for transmittal to the Florida Department of Community Affairs (DCA) the respective proposed amendments to the Future Land Use Map. The DCA conducted an summary review of the proposed amendments and finding no need for a comprehensive review, advised the City on April 12, 1995 to continue processing them through the adoption of ordinances. You will also recall that there were originally four (4) properties being processed in this phase of the Annexation Program. Excluded f~om the above list is Application #1-Windward PUD, which has been separated from this group as a result of pending litigation. The litigation involves the validity of the water service/annexation agreement, which is the primary mechanism used in the Annexation Program. whether Application #1 is processed further will be determined through the outcome of the court proceedings. RECOMMENDATION: staff recommends that these ordinances be approved. TJH:mr Attachments NIICZI'aC2CRDI.aCN ~~ri1 PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-217 Agenda Memorandum for May 16, 1995 city Commission Meeting TO: Carrie Parker city Manager FROM: Tambri J. Heyden .~ Planning and Zoning Director DATE: May 11, 1995 SUBJECT: ANNEXATION PROGRAM - PHASE 2, GROUP 2: Application #2-Royal Manor Mobile Home Estates Application #3-carriage Gate Condominium Application #4-Lawrence Oaks Ordinances for Annexation, Future Land Use Plan Amendment, and Rezoning Please place the above-referenced items on the May 16, 1995 City Commission meeting agenda under Legal - Ordinances, First Reading. DESCRIPTION: You will recall that the above-referenced properties are being annexed as Phase 2, Group 2 of the City's Annexation Program. The City Commission approved the applications for these properties on January 17, 1995, therefore approving for transmittal to the Florida Department of Community Affairs (DCA) the respective proposed amendments to the Future Land Use Map. The DCA conducted a summary review of the proposed amendments and finding no need for a comprehensive review, advised the City on April 12, 1995 to continue processing them through the adoption of ordinances. You will also recall that there were originally four (4) properties being processed in this phase of the Annexation Program. Excluded from the above list is Application #l-Windward PUD, which has been separated from this group as a result of pending litigation. The litigation involves the validity of the water service/annexation agreement, which is the primary mechanism used in the Annexation Program. Whether Application #1 is processed further will be determined through the outcome of the court proceedings. RECOMMENDATION: Staff recommends that these ordinances be approved on First Reading. TJH : mr Attachments MI8CX:P2G20RDS.~GM VI. rUBLIC HEARING B cc: Plan, Dev, Uti1 PLANNING AND ZONING DEPARTMENT MEMORANDUM Agenda Memorandum for January 17, 1995 city Commission Meeting FROM: Carrie Parker, City Manager Tambri J. HeY9.en, 'I>J Planning and Zoning Director TO: DATE: January 12, 1995 SUBJECT: Royal Manor Mobile Home Park (ANNEX #94-007) Annexation Program, Group 2 of Phase 2 Applications for Annexation, Land Use Amendment/Rezoning Please place the above-referenced items on the January 17, 1995 City Commission meeting agenda under Public Hearing. DESCRIPTION: The subject property, which is located on the north and south sides of Gateway Boulevard, immediately east of the Windward PUD is to be annexed pursuant to the Annexation Program and particularly, pursuant to an agreement for water service and annexation. The entire Royal Manor Mobile Home Park is owned by Royal Manor Mobile Home Estates, Inc., and consists of 437 units (mobile homes). In 1992, the City approved an agreement for water service and annexation with the owner of Royal Manor in order for the Park to receive municipal sewer service. Pursuant to this agreement, staff recommends that this property be annexed, reclassified to Moderate Density Residential from High Residential B in the county, and rezoned to R-1 (Single Family Residential) from AR and RS-SE (Agricultural Residential and single Family Residential with Special Exception). For additional information on the Royal Manor Mobile Home Park applications please see Planning and zoning Department Memorandum No. 94-376. Approval of these applications will allow the proposed Land Use Element amendment to be transmitted to the Florida Department of Community Affairs (DCA). Following their preliminary review, ordinances will be adopted, the DCA will conduct a review for compliance determination, and once found in compliance, the ordinances will become effective (21 days following compliance determination). The total review process takes approximately B months. Pursuant to the Comprehensive Plan and Annexation Program, staff recommends that these requests be approved. The supporting analysis is provided within Planning and zoning Department Memorandum No. 94-376. RECOMMENDATION: The Planning and Development Board recommended approval of this Plan amendment and rezoning by a 6-1 vote. TJH:mr Attachments IIl.MJ:2:ItOYAt.AGM ... . .... 7.11..3. Annexation program Application #2 Royal Manor Mobile Home Park PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-376 THRU: Chairman and Members, planning and Develqpment Board Tambri J. Heyden, Planning and Zoning Director Michael W. Rumpf, Senior Planne~ TO: FROM: DATE: January 4, 1995 SUBJECT: Royal Manor Mobile Home Park - (File No. ANNEX 94-007) Application #2 - Annexation Program, Group 2 of Phase 2 Applications for Annexation, Land Use Amendment/Rezoning .rf~ ~~~ ~11g1J:d.t4( ~t'i!~ ., Yo ill re all the City's current efforts to annex western tfI.' '<Is..(i:,~ properties through the Annexation Program, and that the last phase ~~( (Phase 2-Group 1) included Palm Beach Groves, Knollwood Groves, /~ Sausalito Groves, Heartland Health Care center, and the Greentree Plaza I shopping plaza. On October 18, 1994 the City Commission directed staff to continue implementing the annexation program by annexing the next group of eligible properties, which are identified as Phase 2-Gro~2. . ~~~will also recall that eligible properties are defined as~n~~iguous properties whose owners have previously consented to annexation through the agreement for wate. service with the City. The Royal Manor Mobile Home Park is one of four (4) eligible properties now being recommended for -l~ J~~::e:::::n~OR MOBILE HOME PARK {fjj~l!z-~~,~~ I' -7' -., Royal Manor is a 437 unit mobile home community occupying (~rt approximately 85 acres of property on the north and south sides of ~. Gateway Boulevard, immediately east of the Windward PUD (see ~.. Attachment nAn). Royal Manor appears to be an established, well kept, quality mobile home park which is owned and operated by Royal ~ Manor Mobile Homes Estates, Inc. In 1992, the City approved an agreement for water service and annexation with the owner of Royal Manor in order for Royal Manor to receive the City'S sewer service. DELIVERY AND CAPACITY OF URBAN SERVICES Accorfl:ing to. evaluations by the providers of major urban services (e.t)~olice, Fire, and Public Works) if any of the four (4), Phase 2-Group 2 properties were annexed, certain expenditures would be proposed to ensure the continued, delivery of superior services. As ind~d-~d on th~ .s~~!'fM}.able (see Attachment nBn), public Works serve~\fi.t:h eXisting capital and personnel, and the Police Department would request only one (1) additional employee, if either Royal Manor or the Windward PUD were incorporated. The greatest expenditures (to be requested if annexation took place) were indicated by the Fire Department. It should be noted that the subject properties are all~ithin the service area (range) of Fire Station #3. Fire station #3 has superior service capability compared to the corresponding County station (with respect to response times, staffing, and equipment) , and no deficiencies currently exist or are anticipated in the near future. The potential expenditures would Simply allow the City to maintain superior back-up service to this geographical area, without assistance from the remaining stations. In general, such expenditures would enable Station #3 to respond simultaneously to three (3) emergency calls (Fire station ,#3 is currently capable of providing full service to two (2) concurrent emergency calls). NOTIFICATIONS TO PROPERTY OWNERS With respect to notifications and opinions regarding annexation, staff has met with residents of Royal Manor as well as representatives of the association, and the owners have recieved both a courtesy letter describing the annexation program, and the 1 - - .' of~icial rezoning notice. Opinions felt by the residents are mixed, and the property owner has not communicated an opinion regarding the annexation of this mobile home community. APPLICATION CONTENTS AND REVIEW SUMMARY This request for Royal Manor consists of an application for annexation and land use plan amendment/rezoning. As this property is being annexed in accordance with the City's annexation program, staff has completed the necessary applications, and the corresponding application fees were waived. Additional information on these applications is found on the following page and is in the form of an abbreviated summary. This summary includes a brief outline describing the property, the application, adjacent land uses, the availability of facilities, the basis on which it is found consistent with the Comprehensive Plan, other pertinent information, and staff I s recommendation. Attachment "B" summarizes data in this report as well as provides information relative to service delivery and fiscal impact. . 2 REVIEW SU~Y - ROYAL MANOR MOBILE HOME PArtK lllli 85 acres LOCATION: North and south sides of Gateway Blvd., appx. 1350 west of Lawrence Road. EXISTING LAND USE: PROPOSED LAND USE: High Residential 8 (County) Moderate Density Residential (7.26 du/acre)(City) EXISTING ZONING: AR and RS-SE Agricultural Residential and Single Family Residential with Special Exception for mobile homes. PROPOSED ZONING: R-l - Single Family Residential CURRENT USES: A 437-unit mobile home park with community center, recreation facilities, and other ancillary amenities, Individual lots within Royal Manor Mobile Home Park are rented from a single owner of the entire park (Royal Manor Mobile Home Estates Inc.), " No change proposed. , . L (t,h~ \\ ~ b \J~\\ '" ~~t~)1fJFU ~ LAND USE PUD LDR HR8 N/A HR12 HR8 HR8 Boynton Nurseries Sausalito Groves Lawrence Road mobile homes mobile homes mobile homes ZONING ~ RM N/A AR AR AR PROPOSED USE: ADJACENT LAND USES: North: Northeast: East: Southeast: South: West: CONSISTENCY WITH THE COMPREHENSIVE PLAN Consi&tency with the Future Land Use Plan - Consistent The Comprehensive Plan Future Land Use Map does not recommend land use designations for unincorporated properties located west of Lawrence Road. The Future Land.Usl' miW_.willl).---J '1. be amended to show this annexed property as Moderate Density Residential~n~i~~ tv~lf'1 comparable to Palm Beach County's High Residential 8 classification. Maximum densities allowed under the County's and the City'S classification are 8 dwelling units per acre and 7.26 dwelling units per acre, respectively. The gross density of the park is 5.14 units per acre. Consistency with the goals, objectives, and policies - Consistent Given that the Moderate Density Residential classification is comparable to the current County classification, and since the existing development and proposed land use classification is consistent with the adjacent land uses, this proposed action and land use classificstion are consistent with all goals, objectives and policies of the Comprehensive Plan. However, there are several issues that should be addressed, as they describe characteristics of this site, indicate consistency with the Comprehensive Plan, and/or fulfill requirements of the Florida Department of Community of Affairs with respect to the review of plan amendments. Selection of Zonina District The R-l zoning district is being proposed as it is the district that corresponds with the Moderate Density Land Use Classification. It should also be noted that Policy 6.4.1 of the Comprehensive Plan requires that mobile homes be allowed in all zoning districts where single-family detached dwellings are permitted. Annexation This request for annexation, which is in accordance with the City's annexation program established pursuant to Policy 8.10.4, is consistent with Florida Law. Availabilitv of Facilities Florida Administrative Code requires that the availability of, and impact upon public facilities be analyzed. Given that the proposed land use classification is comparable to the County's classification, this land use plan amendment would have no additional . impact upon the existing availability of public facilities beyond that generated (or allowed to be generated) by the County's land use classification. Imuact uuon Historical/Archeolo2ical Resources Not applicable ImDact UDon Native Habitats or other Environmental Resources Not applicable Flood Zone: "B" 3 '-~ ...--' Consiste~ with the Palm Beach Countv Co~ehensive Plan The proposed designation represents a comparable land use classification to the{ current, Palm Beach County land use classification. RECOMHENDATIOR ~I~~~ The Planning and Zoning Department reconunends that this application ~:d &:,~ connection with the Annexation Program be approved based, in part, on the folloWing~~ ~ The subject property is contiguous to the corporate limits; ~ (~ ~{)l.rt . 2. The subject property lies within the City's Reserve Annexation Area; 3. The annexation of this property is consistent with the City's Annexation Program; and 4. The proposed land use amendment is consistent with the goals, objectives and policies of the Comprehensive Plan. MISCIX:AXP2G2#2.REP \~\) . /\ lo .. . 4 A't'tAC\lMENT II A" LOCA't1.0N MAP c:t ., p. , ===4 u\__....- ~ ---;:-1. I \ .. t-- '0;& ;- ~ - - ATTACHMENT "B" SUMMARY TABLE . , ~ '" ~ .~~ .... '<:l "'~ ~ 't,..., ~ ~~ ~ ~(jj .... 0_ '" a'" ~ It') ~ " ........, ~ .. .... 0 f T,nlJ) ~..- tn~ '" ~ .c ~ "'.. '.... ""::1 w _ '.... .co'-' ....'"' "'a -:;; % 0 <1\" (jj '" '" ..... .... '<:l ';> '" . 't, '" i '" ",..., -:;;.... ." ~ ""'a % "'~~'" :io~ ~::l ..., ..., 0 0 Po,.; '<:l .... ~ 0 'i> 'il .... <1\ <1\ '" a 0. .~o '6t,D 4.l~ =' lI~o", .<:.., "'~ ..... ~ .... ~- .~.... -e Po '" a~",~...~ ~.... '-'N'A~ ~.... ~o ~ ~N <1\ So " '" 0 ;:iN '"''0 ..,,,, ~ \II ..... ~ . Po'<: .... S ~ '" ~ ~ 8\~01 ~... ~~....~ \II '<:lP ';> ~ ~ ~ .00,-,,",_ "''<:l :> '"' \II 0 '" ~ '" '" \.l t: '" ~ ~ ........ ~ '" 0'" "'~~a: ~~ ~~~~ ~o~.... ~"j \II~I<> \II <> '" ......, '" d "'.cO"a -::I "''''",0 o ",II oP-O'<:l .~ <II ~ t'. ? - ._ '" 0 ,? '" GJ"..__ 'tiOC"\of"'lTAOtA .... 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" P c:> o";d 0.>-> o'~ o~ "'0 ... ... 1/'1 ... ... (!'I '" .,. '"' o .... "i> ..., ~ .,.., ~ .....-1 1/'1 ll! "'. ::3 "'S (!'Ill! ... N ?-I ~ ~ o .... - 'J'. II1IA ~~ ~IA ~i;i ~p: b I>< " cO '" ... '" ~ <II- N ~\~ ~P-4~ ~ \ ~ P-4 ~ ~~\ r-\~ ~~ ~~tf) ~';Z ~~ ~ tf) o P-4 ~ P4 ~ ~tA oJ.~ ""'IA ~~ b I>< " P~ IA.... ~~ ....~ t<~ 1110 IAI>< " 111 ~ i '" elf' '" <Il oJ. b ~ ~ " ~ ..., g % ..., .... ~ "S '" '" ~ r- '" ;;, '" 1, '" 1 7.A.3. Annexation Program Application #2 Royal Manor Mobile Home Park PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-376 TO: Chairman and Members, Planning and Development Board THRU: Tambri J. Heyden, Planning and Zoning Director Michael W. Rumpf, Senior Planne~ FROM: DATE: January 4, 1995 SUBJECT: Royal Manor Mobile Home Park - (File No. ANNEX 94-007) Application #2 - Annexation Program, Group 2 of Phase 2 Applications for Annexation, Land Use Amendment/Rezoning INTRODUCTION You will recall the City's current efforts to annex western properties through the Annexation Program, and that the last phase (Phase 2-Group 1) included Palm Beach Groves, Knollwood Groves, Sausalito Groves, Heartland Health Care center, and the Greentree Plaza I shopping plaza. On October 18, 1994 the City Commission directed staff to continue implementing the annexation program by annexing the next group of eligible properties, which are identified as Phase 2-Group 2. You will also recall that eligible properties are defined as those contiguous properties whose owners have previously consented to annexation through the agreement for water service with the City. The Royal Manor Mobile Home Park is one of four (4) eligible properties now being recommended for annexation. THE ROYAL MANOR MOBILE HOME PARK Royal Manor is a 437 unit mobile home community occupying approximately 85 acres of property on the north and south sides of Gateway Boulevard, immediately east of the Windward PUD (see Attachment "A"). Royal Manor appears to be an established, well kept, quality mobile home park which is owned and operated by Royal Manor Mobile Homes Estates, Inc. In 1992, the City approved an agreement for water service and annexation with the owner of Royal Manor in order for Royal Manor to receive the City's sewer service. DELIVERY AND CAPACITY OF URBAN SERVICES According to evaluations by the providers of major urban services (e.g. police, Fire, and Public Works) if any of the four (4), Phase 2-Group 2 properties were annexed, certain expenditures would be proposed to ensure the continued, delivery of superior services. As indicated on the summary table (see Attachment "B"), Public Works could serve all sites with existing capital and personnel, and the Police Department would request only one (1) additional employee if either Royal Manor or the Windward PUD were incorporated. The greatest expenditures (to be requested if annexation took place) were indicated by the Fire Department. It should be noted that the subject properties are all within the service area (range) of Fire Station #3. Fire Station #3 has superior service capability compared to the corresponding county station (with respect to response times, staffing, and equipment), and no deficiencies currently exist or are anticipated in the near future. The potential expenditures would simply allow the City to maintain superior back-up service to this geographical area, without assistance from the remaining stations. In general, such expenditures would enable Station #3 to respond simultaneously to three (3) emergency calls (Fire Station #3 is currently capable of providing full service to two (2) concurrent emergency calls). NOTIFICATIONS TO PROPERTY OWNERS With respect to notifications and opinions regarding annexation, staff has met with residents of Royal Manor as well as representatives of the association, and the owners have recieved both a courtesy letter describing the annexation program, and the 1 official rezoning notice. Opinions felt by the residents are mixed, and the property owner has not communicated an opinion regarding the annexation of this mobile home community. APPLICATION CONTENTS AND REVIEW SUMMARY This request for Royal Manor consists of an application for annexation and land use plan amendment/rezoning. As this property is being annexed in accordance with the City's annexation program, staff has completed the necessary applications, and the corresponding application fees were waived. Additional information on these applications is found on the following page and is in the form of an abbreviated summary. This summary includes a brief outline describing the property, the application, adjacent land uses, the availability of facilities, the basis on which it is found consistent with the Comprehensive Plan, other pertinent information, and staff's recommendation. Attachment "B" summarizes data in this report as well as provides information relative to service delivery and fiscal impact. 2 REVIEW SUMMARY - ROYAL MANOR MOBILE HOME PARK ~ 85 acres LOCATION: North and south sides of Gateway Blvd., appx. 1350 west of Lawrence Road. EXISTING LAND USE: PROPOSED LAND USE: High Residential 8 (County) Moderate Density Residential (7.26 du/acre)(City) EXISTING ZONING: AR and RS-SE Agricultural Residential and Single Family Residential with Special Exception for mobile homes. PROPOSED ZONING: R-l - Single Family Residential CURRENT USES: A 437-unit mobile home park with community center, recreation facilities, and other ancillary amenities. Individual lots within Royal Manor Mobile Home Park are rented from a single owner of the entire park (Royal Manor Mobile Home Estates Inc.). PROPOSED USE: No change proposed. ADJACENT LAND USES: North: Northeast: East: Southeast: South: West: Boynton Nurseries PUD Sausalito Groves Lawrence Road mobile homes mobile homes mobile homes LAND USE LDR HR8 N/A HR12 HR8 HR8 ZONING PUD RM N/A AR AR AR CONSISTENCY WITH THE COMPREHENSIVE PLAN Consistency with the Future Land Use Plan - Consistent The Comprehensive Plan Future Land Use Map does not recommend land use designations for unincorporated properties located west of Lawrence Road. The Future Land Use map will be amended to show this annexed property as Moderate Density Residential since it is comparable to Palm Beach County's High Residential 8 classification. Maxinrom densities allowed under the County's and the City's classification are 8 dwelling units per acre and 7.26 dwelling units per acre. respectively. The gross density of the park is 5.14 units per acre. Consistency with the goals. objectives, and policies - Consistent Given that the Moderate Density Residential classification is comparable to the current County classification, and since the existing development and proposed land use classification is consistent with the adjacent land uses, this proposed action and land use classification are consistent with all goals. objectives and policies of the Comprehensive Plan, However, there are several issues that should be addressed, as they describe characteristics of this site. indicate consistency with the Comprehensive Plan, and/or fulfill requirements of the Florida Department of Community of Affairs with respect to the review of plan amendments. Selection of Zonin2 District The R-l zoning district is being proposed as it is the district that corresponds with the Moderate Density Land Use Classification. It should also be noted that Policy 6.4.1 of the Comprehensive Plan requires that mobile homes be allowed in all zoning districts where single-family detached dwellings are permitted. Annexation This request for annexation, which is in accordance with the City's annexation program established pursuant to Policy 8.10.4, is consistent with Florida Law. Availabilitv of Facilities Florida Administrative Code requires that the availability of, and impact upon public facilities be analyzed. Given that the proposed land use classification is comparable to the County's classification, this land use plan amendment would have no additional impact upon the existing availability of public facilities beyond that generated (or allowed to be generated) by the County's land use classification. Imoact UDon Historical/ArcheoloRical Resources Not applicable Imoact uoon Native Habitats or other Environmental Resources Not applicable Flood Zone: "Btt 3 Consistency with the Palm Beach County Comorehensive Plan The proposed designation represents a comparable land use classification to the current, Palm Beach County land use classification, RECOMMENDATION The Planning and Zoning Department reconunends that this application submitted in connection with the Annexation Program be approved based, in part, on the following: 1. The subject property is contiguous to the corporate limits; 2. The subject property lies within the City's Reserve Annexation Area; 3. The annexation of this property is consistent with the City's Annexation Program; and 4. The proposed land use amendment is consistent with the goals, objectiyes and policies of the Comprehensive Plan. MISCIX:AXP2G2#2.REP 4 ATTACHMENT "A" LOCATION MAP R1AA __il ~.::=..~-o!h. 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'a~"'t,"~o~.l:l ~ "'~IIl~ ., ~~ <Il "pol....~o :J ..-I ~.....P oj~......." 01 ,..>:3\' .'cl....... ~$ :l '"''"'%....~~ 1a:3\' ~ <'Iol",~~,..> ~ \Il \Il . Q) ~~~~ -a?f.:l'" ';:J';:J '"' "'-"--;;4 .....<'< o ",0 .nO "'.0 <D"'~ .n<'<.... "'..... ..... , \D \DIU) .....U)tA ....\>1lXO ,PI? tIl~~ ~Pf.:l ~~'" ~~~ ~1>1'2. '2. '2.\~ s ~ ~ 0 P~~ \>1~~ ~~\-I ~...... ... 1Il U) U)\>11>1 1>1 ,..>'2.'2. ..:...... bO<f. ...... <:> o o o '" <II- t ~ '" .... <Il ., " 'cl '5 '1A ., III " o .... "'t, ... ~ .n 1, ... 'a '" I!l '" '" Cl\ '" ..... o <II- a:> \D '" '" ..... ..... ..... <t> a:> cO '" I!l ... ..... o . a:> . \D ... '" \>' ~ \>1 '" ~ '" 1Il '2. b ... % "';:) .... ~ "a <J:J <D on '" ~ 01 % "';:) .... ~ '"' on ~ ... o 'P 1 AGEMJA MEMORANDUM UTILITIES DEPAR'IMENT NO. 92 - 386 ~--.~ TO: J. Scott Miller, City Manager l, utilities Director r ,--' FRCM: John A. Guidry, october 12, 1992 ~ DATE: SUBJECI': Water Service Agreement - Royal Manor Mobile Hane Park !II~T9RY Royal Manor Mobile Hane Estates is canprised of 437 mobile hanes, and is located west of Lawrence Road, along N.W. 22nd Ave. The facility currently has its own water and sewage treatment plants, and has been providing for its own potable water and sewer service since its construction. A site plan showing the layout of the park, and deeds p.xhibiting ownership are included with the agreement. ~IsaJ~SION The facility's sewage treatment plant has been experiencing problems with sewage effluent disposal. and the park desires to apply to the City for sewaqe service onl y at the present time. A sewage force main with adequate reserve capacity is available near Royal Manor's property line on N.W. 22nd Avenue. As stated in the agreement. Royal Manor will be responsible for the design and construction of all utilities necessary to connect to our system. The president of the corporation owning Royal Manor, Mr. Ted Miller, has verbally inquired about the possibility of the City financing the sewer capital facilities charges for the mobile hane park. As part of this submittal, we request the Commission be polled as to their preferences in this matter, as there are several precedents existing whereby the City has effectively financed sewer capital facilities charges over several years to large mobile hane parks. As you may recall, we also have reserve capital in the sewer impact fee account, and are not in dire need of this capital payment as a l~ sun. We would. of course, include a suitable interest rate in the financing package. RT"'I ...-..,.,., 1 ~. r'. ' l ) .' l .' J '. 1 l .. ...... .. ~ . oC\ i:l !'11'JHHi,,'; f.\l:flf. . J. Scott Mille!: Octobe!: 12, 1992 Page 2 The applicant is anxiously awaiting this approval so that he may p!:oceed with the design and construction of the improvements necessary to facilitate connection. His current effluent disposal pond is at capacity and may ovedlow during the upcaning winte!: season. BE~ATJOO We request this matter be brought before the City Commission for app!:oval of the enclosed water service agreement at your earliest convenience. If the Commission is favorable toward the issue of financing the capital facilities charges for this facility, we would be willing to negotiate an agreement with the applicant, and bring that back to the Commission for approval at a late!: date. JAG/PVM Enclosures bc: Peter Mazzella (w/enclosures) xc: Jim Cherof (w/encl.) Sue Kruse (w/ two original applications & encl.) Chris Cutro (w/encl.) File (w/encl.) AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS :, II , " I ] This agreement, made on this 7~h day of October , 19 92 by and between Royal Manor Mohilp Homp R~~~~p~ Tndlereinafter called the I "CUSTOMER", and the City of Boynton Beach, a municipal icorporation of the state of Florida, hereinafter called the I "CITY" . i WITNESSETH, that the customer, his heirs and assigns, for land in consideration of the privilege of receiving water service Ifrom the Municipal Water System agrees to the following: I 1. The city agrees to provide Customer with water services Ifrom its Municipal Water System only as necessary to service the project described in the Application for Water service submitted I by Customer. The Customer has specified that there will be , 437 Equivalent Residential Connections and the City i hereby agrees to serve those 417 Equivalent Residential i Connections. , 2. The Customer agrees to pay all costs of engineering, I,material, labor, installation and inspection of the factilities :as required by the City code to provide service to the Customer's I I premises. The Customer shall be responsible for installation and I i:conformance with all applicable codes, rules and regulations of i ':all service lines upon the Customer's premises and all such lines I ,Ishall first be approved by the Director of utilities and subject: " "to inspection by the City Engineers. The City shall have the I ',option of either requiring the Customer to perform the necessary I ':work or the City may have the work performfd in which case the [icustomer will pay in advance all estimated costs thereof. In the' event the City has such work performed, thfl Customer will also .'advance such additional funds as may be necessary to pay the ': total actual costs. i. i 3. Any main extension made under the Agreement shall be i used only for the customer, unless permission is granted by the ,!city of Boynton Beach for other party or parties to connect 'pursuant to the Code of Boynton Beach. " 4. Title to all mains, extensions and other facilities I'extended from the City Water Distribution system to and including 'Ithe metered service to Customer shall be vested in the city i' exclusively. " 'i 5. The' Customer agrees to pay all charges, deposits, and I,rates for service and equipment in connection with water service ,I outside the City limits applicable under City Ordinances and Irate schedules which are now applicable or as may be changed from time to time. 6. Any rights-of-way or easements in this area shall be provided by the Customer. 7. It is understood by the customer, and shall be binding upon the customer, his transferees, grantees, heirs, successors and assigns, that all water to be furnished, supplied, and sold under this Agreement is made available from surplus. If the surplus does not exist at the time of customer's actual request I for commencement of service, as determined by the City's Director of utilities, then this City, without liability, may refuse to initiate service to the subject premises. 8. The Customer further agrees in consideration of the : privilege of receiving water service from said City, that the I' execution of this Agreement is considered to be a voluntary Petition for Annexation pursuant to Section 171.044 of the I. Florida statutes or any successor or amendment thereto. Furthermore, should any other general law, special act or local law be enacted which provides for voluntary or consensual annexation, this Agreement shall also be considered a petitionary , il :request for annexation under such other laws. The premises shall ilbe subject to annexation at the option of the City at any time ithey are eligible under anyone or more of the above referenced !laws concerning annexation. Customer will inform any and all Ipurchasers of any or part of this property of this voluntary 'petition for annexation and its applicabilities to such Ipurchasers. I 9. The Customer acknowledges that this covenant for :annexation is intended to be and is hereby made a covenant lrunning with the land described in "Exhibit A", attached hereto 'land made a part hereof. This Agreement is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer 'and all subsequent transferees, grantees, heirs or assigns of Icustomer shall be bound by this Annexation Agreement. I 10. It is agreed that the City shall have no liability in ,the event there is a reduction, impairment or termination in iwater service to be provided under this Agrsement due to any ,prohibitions, restrictions, limitations or requirements of local, lregional, state or Federal agencies or other agencies having ijurisdiction over such matters. Also the City shall have no iliability in the event there is a reduction, impairment or ;termination of water service due to acts of God, accidents, !strikes, boycotts, blackouts, fire, earthquakes, other casualties , lor other circumstances beyond the City's reasonable control. , 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members "of City Commission, Officers, employees and agents (both in their 'iindividual and official capacities) from and against all claims, damages, lawsuits, and expenses including reasonable attorneys' Ifees (whether or not incurred on appeal or in connection with post judgement collection) and costs rising out of or resulting I :from the Customer's Obligation under or performance pursuant to Ithis Agreement. ji j 12. It is understood by Customer and by the City that the ::attached site plan "Exhibit B" has been reviewed by the City of !iBoynton Beach for compatability with the City's comprehensive I:plan as it relates to land use and density, found to be generally j'acceptable to the City and is to be the guide for development of ,:this subject land. In the event that the site plan is not i'approved, there shall be no commitment on the part of the City to :,serve Customer if a subsequent site plan results in a change in II land use, density or an increase in equivalent residential connections., , ! 13. No prior or present agreements or representations shall be binding on any of the parties hereto unless incorporated in ,this Agreement, No modifications or change in this Agreement Ishall be valid upon the parties unless in writing executed by the ,parties to be bound thereby. ! ,I IN WITNESS WHEREOF, the parties hereto have set their hands I,and seals this 7th day of Octnh"'T , 19 <l? IIWITNESS: (Customer) i '~(corporate Seal) i; . '!STATE OF '1=-'- 0R..\f::Ii\ !COUNTY OF ~c.\....v, b<..\t FOR CORPORATION NOTORIZATION: I HEREBY CERTIFY that on this day, before me, an officer II I i~UlY authorized in the state aforesaid and in the County I,aforesaid to take acknowledgements, personally appeared " ",,,,,II ,T Mi ll..r and Rose Marie Miller well known Ito me to be the President and Secretary respectively of the corporation named in the foregoing Agreement and that they :severally acknowledged executing the same in the presence of 'two SUbscribing witnesses freely and voluntarily under authority dUly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. ! I WITNESS my hand and official seal in the County and State 'last aforesaid this 7t-h day of O"t-nh..r , 19..2.L... I I I i I(Notary Seal) I: s.. ~. ~ 0 (.. \-.. t\c.k.~ Notary Publ ic t!.~ r, !-I'" S!^I.1 0: n,,.idij M.. (?'rr:m(5~,i,;li r':"'i~'", i ~"" l' l"',"s~ 'UI . " ,." 0' 't My Commission Expires: ~nr>t.dTllJu 1royFoin.ln,uf<Jnceln('. I! I I, " II :~1TNESS: CITY OF BOYNTON BEACH, FL Mayor ATTEST AS to City of Boynton Beach I i City Clerk (corp. Seal) , ISTATE OF FLORIDA , II ,COUNTY OF PALM BEACH II I HEREBY CERTIFY that on this day, before me an officer duly lauthorized in the State aforesaid and in the county aforesaid to Irake acknowledgements, personally appeared , , Mayor and il , City Clerk well known to me ito be the Mayor and City Clerk respectively of the City named in ithe foregoing agreement and that they severally acknowledged :executed the same in the presence of two subscribing witnesses ,freely and voluntarily under authority duly vested in them by !said City and that the City seal affixed thereto is the true Icorporate se,al of said City. :1 WITNESS 'my hand and official seal in the County and State ~ast aforesaid this day of , 19 I I( Notary Seal) I I i Notary Public My Commission Expires: ~pproved as to form: , i Ii il 1 'I ILegal Description Approved: City Attorney , Ii !i City Engineer . ..... ClQ (I") (I") ...,. - IX) .... N ... . clb :=! .~ e e? ~o /30 /55 lM OFF ACH REC RAMCO FORM B this fult-Claim .Betti, Execuled Ihi, (p ~ clay 01 TED J. MILLER and ROOE MARIE MILLER, his wife Ilral parly. 10 n J~dt'nUK.'0 . A. D. 1978 . by I ROYAL MANOR MJBILE who.e po.lolllce addre.. I. " P.O. Box 820, Boynton Beach, Florida 3343 HOME ESTATES, INC. 8779 Lawrence Road, .econd parly: (Wherever \lIed hetein the term. "lint 'p.'IY" and ".ecnnd p.rty" mall include .In,ula, Ind plural, heln le..1 repretentatlvp, and _1m 0( individual.. .dd the .uec:eNOU and ...11.' 01 corpor.doQl, whitt...., the cGnte.1 !to .dmlll or A1qllim.) UltRessdh, Thall/le .ald Ilral parly, for and In con,lderallon ollhe .um of S 10.00---------r In Itand pold by ,lte .ald ..cond porly, lite recelpl whereof I, h.reby ac~nowledoed, doe. hereby reml.e. reo Ie...e and qUIl-c!a'm un'o Ihe said .8Cond par'y forever. 011,1.. rlohl. IIl/e, Inleresl, claim and demand which Ihe .ald II..., parly fm.,ln and 10 Ihe followlno de.cr/bed 101, piece or pa'cel 0/ land, .!Iual., lylno and being In Ihe Caunl; of Palm Beach Slale of Florida . 'o.wit: A parcel of land in Section 13, Township 45 South, Range 42 East, Palm Beach COlmty, Florida, more particularly described as follows: The South 110 feet of the North 280 feet of the East 200 feet of the West SSO feet of the Southeast quarter of the Southeast quarter of said Secticn 13. TOGE1lffiR with the improvements thereon and fixtures therein. ~_..~,~._- ~-: ULIl;UMtN IAI( Y= SUR T.~X = I:: 00, 551: ... TAT~ OF FLO~~g.&\ i?OCUMEN ARy~_,....~~SlA -; \ ~PT. o~ RE~EIIUE {e~. >~~! ::: 0 O. 3 0 \ ::: :: Sf PI 1'78 . .',t,.~(' - . 1 :: P.D. ....~........ ..-..:... := IHQ4 .~ C> -" :, ',,-' . -"----../ ~ (Ji~~~ ~ ~ \.~~t1 FLORI A on Pm. P;;1I'1I1 o or P.I. N amNU( IIIQi ." .," ... 0'" . c.C C"1l .... ~': ~ ~... " , ~~: ;-:ilJ . L" 10 Itaut and to )told Ihe 'ame logelher will. all and IIngular the appurtenance. ,hereunlo b.longlng or In anywlae apperlainlng, and all Ihe eslale. rlghl. III/e, Inlere.I, lien. eqully and claim whal- soever of Ihe .ald flrd parly, ellher In law or equity. to the only proper ...e. bene/II and behool o/l"e .ald .econa party forel1er. In -"'ltntss ltthtreof, The .aid firat parly foa. .Ioned and ,ealed Ihe.e presenl. Ihe doy and year firal above wr/Ilen. ' S led and delivered J HEREBY CERT'.'FY that on this day, berare me, an officer duly authorized in the State .foresaid and in \he County .foreaaid to take ac\nowledgment'f penonally appeared TED J. MILLER and ROSE MARIE MILLER, his wife, to me known to be the pcnot6. delCribed in and who executed the for('going instrument and they belore me that they executed the .ame. . 12 ~ESS, my hand and olficial ..a1 in th. co.nt~a. 'are la.. a~or~"id,t " c:_'fJ ~I./,A D. 1978 . "ell1l YII'IIIi' ... ,dJU..z.Z1... .\.. i~... -f.~~ .......&IICotlllly.'" NorAR fit"\"' " ':a';ii!;:.., , '... I, DUllIIt. NOlaRY UBLlC SlATE Of no llA;" ,li' G ' ~: ,." , ClIrIr Clrcalt Clcort MY COMMISSION EXPiRES APR1r-.:,:{I. ~~I~ I ,.) .:.", ~. ..~' \ I., ' i "l ~ BONDED IHRU M~Y<<ARD BONDI~~.; :~~Il'r _ . .:". '''~ . " 1./ TI1is Ins/rumcn/ p"pon:d by: ald J. Fruda, Attorney at Law ;;..;.. '.: 3 I \ (, .., Addrr:ss J ~~yn~~XB~~~. Florida 3343S,;::'>:': 'i:.,.;:l~<' 923PAGE 603 ' "':1 acknowledsed day of .,L ~6s75 r '. i ,,, EXHIBIT A ~ . "repared by ontYlB. t" 111'. ,,,,,\ru'" H CC\~!':Ell~ JOHN. lluilO,ng 924 B,scay". 3313Cl 10110",1, FlorlOo " - ....~1r,M' DU__ r_,l ~ft"M 110 arhi51amndt! 1m Mild/.. t~" CJ.~ J}. dOli of .:5tpttm...,6vt.-) ,.1, D. 1912 I Between TED J. MILLER AND ROSE MARIE MILLER , ' t -......r , en I :r- '-wi. \-. t..:> o N - . of t"'. cQu"tr of Palm Beach ,Stat. 01 Florlda . partIes of th. Itr,t "ort. ADd ROYAL MANOR MOBILE HOME ESTATES, INC., a FlorIda corporatIon 8779 Lawrence Road, Boynton Beach, Florida nl th. eo""'r~lm- BlllIo!. .. j Btat. ot--fiorhh.' -. parry--DnA,-..o"ncl part. Wltnenetht. tMt th. ,old port les of th. Itr,t port. lor aM ,,, OO1ll.cI.ratkJ" 01 tit. '16m 01 TeN DOLLARS------------.------------------------ aM ot".r .* o",d voJuo"'. cortC,ld.ratfo'". to them b~ Mnd paid by the ,old part y 01 the ,eoo",d part. the ,..eo"pt w".reof /, "'''''11 aoknowlecl(ed. have ,,..o...,ed. bo,..ta.".d a...d folel to the ,aid pa,t y of the ucond pa,..t. Its successors ..... aM lJIri,,., 10"lJer. thll followln, clllorlbed lllnd. ,Huate. l,ll"" a...d b.I..., 'n the eou"t, o( Palm Beacn . State of FkJrt.da, to wit: . The Southwest Quarter of the Southeast Quarter; the Northwest Quarter of the Southeast Quarter; the North 280 feet of the Southeast Quarter of the Southeast Quarter, EXCEPT a raad right-of-way recorded In 0, R, 1823, Page 48 and EXCEPT the South 110 feet of the North 280 feet of the East 200 feet of the West 550 feet of the Southeast Quarter of the Southeast Quarter of Section 13, Township 45 South, Range 42 East, Palm Beach County, Florido, containing 83,3 ocres, more or less, ~ r- '" , '--...I ".lio.."" '.., Subject to taxes for 1972 and all encumbrances of record. ;~.";' . . ~. ~..' , .,' ,"'. . .^," '." , . ,', ,. .',,', . .. -" '" ,.., ~, ....( >- ....... ::r:;;~:',~,~.dL , (pO \ ~ ~OOO ~ ~;~ 1> .-/ ~---- -_.- .4lU1 tile ,aid part les 01 thll Itrd part do h.rllb" (u.r11J _"'o"t tll. tlUe to ,014 long ond wtll derend thll .ome atal,,,t the lawful claim. of all PII"O"" wllom,o'lIer. In Witne88 Whereof} the .at.d port les 01 the /I,..,t pa,t Mve .r.unta ut their a"ds a"el Ilia s the dOli and "ea,.. It,,~ a"Z wr tt It. . . ........., .. .~ ~ ,- - - ~~::~/ J/itf'A;-. - ROSE MARIE MILLER ~ } -..../ _.~.~-- - _._.--,.~.~~-