HomeMy WebLinkAboutOrdinance_01-19_03/14/2019 ORDINANCE NO. 01-19
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78.ZONING; AT SEC.78-4.DEFINITIONS,
BY AMENDING THE DEFINITION FOR "REHABILITATION
FACILITY" TO ELIMINATE FUNDING RESTRICTIONS FOR
REHABILITATION FACILITY CLIENTS AND OPERATIONS,
INCREASE THE MAXIMUM NUMBER OF OUTPATIENT AND
FOLLOW-UP CARE CLIENTS TO A NUMBER EQUAL TO 25% OF THE
REHABILITATION FACILITY'S TOTAL OCCUPANCY CAPACITY,
AND PROVIDE GRAMMATICAL CONSISTENCY THROUGHOUT THE
DEFINITION; AND AT SEC. 78-180, MU MIXED USE DISTRICT,
SUBSECTION (I) SPECIAL EXCEPTION USES, NUMBER (16)
REHABILITATION FACILITIES, TO REPEAL MONTHLY AND
ANNUAL REPORTING REQUIREMENTS; PROVIDING THAT EACH
AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78.
ZONING, SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS,the Village of Tequesta zoning code currently regulates the development of
Rehabilitation facilities; and
WHEREAS, the Village has been sued in the Federal District Court for the Southern
District of Florida by GMH Holdings, LLC, operators of the"Futures"Rehabilitation facility,and
has alleged that the Village's regulations as written and as applied to them are in violation of
certain aspects of federal anti-discrimination and fair housing laws, as specifically pled in Case
No. 18CV-81164-DMM; and
WHEREAS,as a result of successful and early mediation,the parties have agreed to settle
the aforesaid litigation, said settlement to include, among other conditions, revising Village code
for the regulation of Rehabilitation facilities as set forth in this ordinance; and
WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best
interests of the health,safety,and welfare of the citizens of the Village of Tequesta that the Village
settle the aforesaid litigation and adopt the revisions for the regulation of Rehabilitation facilities
as set forth in this ordinance.
1
NOW,THEREFORE,BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA,THAT:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Sec. 78-4. Definitions. by revising the definition of"Rehabilitation facility"
pursuant to a Settlement Agreement in the case of GMH Holdings, LLC v. Village of Tequesta,
Case No. 18CV-81164-DMM; which revisions will eliminate funding restrictions for
rehabilitation facility clients and operations, increase the maximum number of outpatient and
follow-up care clients to a number equal to 25% of the Rehabilitation facility's total occupancy
capacity, and provide grammatical consistency throughout the definition; providing that Sec. 78-
4 shall hereafter read as follows:
Sec. 78-4. Definitions.
The following words, terms and phrases, when used in this chapter, unless otherwise specified,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning. All words used in the present tense include the future; all words
in the singular number include the plural and the plural the singular. The word "building"
includes the word "structure." The word "shall" is mandatory. The word "person" includes a
firm, corporation or Municipal Corporation as well as a natural person. The word "map" shall
mean the official zoning map of the village. The term "council" shall mean the Council of the
Village of Tequesta and the word "village" shall mean the Village of Tequesta, a municipal
corporation of the State of Florida. The word "used" shall be deemed to include the words
"arranged, designed or intended to be used," and the word "occupied" shall be deemed to
include the words "arranged, designed or intended to be occupied." Any word or term not
interpreted or defined by this section shall be used with a meaning of common or standard
utilization.
Rehabilitation facility means a �e State of Florida licensed facility that provides
Rehabilitation Care for clients ��who are 18 years of age or older. The primary purpose
of a rehabilitation facility is to provide treatment for drug and alcohol addiction and eating
disorders; however, the rehabilitation facility must be a dual diagnostic facility staffed and
equipped to provide treatment for co-occurring disorders. Rehabilitation facilities may also
2
provide programs that promote client health, wellness and overall lifestyle enhancements #e�
�n��;; ti���. Rehabilitation facilities must provide a structured residential living
environment for residential clients which includes the following features: 24-hour on-site
security; 24-hour patient supervision by licensed nursing staff;and quality of life services such
as swimming pools, garden areas, sport-courts, exterior patios or sitting areas, community
living areas, meditation areas, fitness rooms, libraries, recreation rooms, televisions, on-site
food preparation, and telephone and internet service. Rehabilitation facilities must provide
Rehabilitation Care by means of Short-Term Care Treatment and Extended Care Treatment as
needed, and may also provide Follow-up Care Treatment and Outpatient Care Treatment to
current residential clients ^,+�^^*� ^f+h�, ,-„h,h;�;*-,+;,,,, f�.-;�;+„ as well as a limited number of
non-residential clients �5 who were qreviouslv admitted to the rehabilitation facilitv for
Short Term Care Treatment or Extended Care Treatment #a��^, ,+ � m;^;m��m �,��^^«f��"„
�„w,r�„+,,,� ��„�+ +„rw, � „+.-,,..�w,�r+ ..++�� �„�,.,�,u+.,+,,,n f�,,,i,+.,. Rehabilitation facilities shall
not admit or offer any services for individuals with a history of violent behavior or threats to
the public health, safety and welfare or the health, safety and welfare of other clients��.
The following definitions apply to the definition of rehabilitation facility:
(1) Rehabilitation Care means diagnosis and treatment for drug and alcohol
addiction disorders, eating disorders and physical, behavioral, mental or emotional
issues tnat are directly attributed to those disorders. Rehabilitation Care does not
include emergency or medical detoxification, which is specificaVly considered a
prohibited use. Should a rehabilitation facility client �� require emergency or
medical detoxification, this must be completed at an off-site facility prior to beginning
Rehabilitation Care.
l^f1 D ' r -,* I., ., .,.J -,.,rl F��.,.J.,.J ..,�+H n .,f �+�+�, .,.-f.,.J�,.-,I
,
� rr-. -.f' Fr� r.+i-.+niJ _ r.+��i.�.rL inu�ror�ro nl-+ F�+ -++inr�*
3
(2 �) Short-Term Care Treatment means a program of Rehabilitation Care
designed for a minimum residential stay of 30 calendar days.
(3 4) Extended Care Treatment means an additional �ro�ram of Rehabilitation
Care desi�ned for a minimum residential stav of 30 to 60 calendar days ��
����Tt�aTt�eat�e�i after completing �k�e �;;�T Short-Term Care r���,��
Treatment{�eg�.
(4 �) Follow-up Care Treatment means a program of Rehabilitation Care
designed for a residential stay of one week ,
after comqletin�either�, "��^,�^�++„+�„ r .,I.,+i.,Y, '.f*h�, Short-Term Care
Treatment or Extended Care Treatment. Follow-up Care Treatment , must
occur at the same rehabilitation facility where Short-Term Care Treatment or Extended
Care Treatment was ori�inallv received. Follow-up Care Treatment is for those clients
�a�+e+�swho need additional structured#�e�4e��treatment that does not require the
clinical intensity of �#e Short-Term Care Treatment or Extended Care Treatment
}:�eg�a+�. At any given time, Follow-up Care Treatment shall not account for more than
twenty-five t� percent 25% of the rehabilitation facility's maximum permitted
residentia{ occupancv for all ievels of residential care ^�+�^�* ^���^+^'^. Follow-up Care
Treatment can also be in the form of electronic correspondence or tele-conferencing,
and in such cases has no limit or restrictions regarding the duration of the care, the
location of the treatment or the number of participating clients �at+e+a��.
(5 g) Outpatient Care Treatment means a regimen of treatment that may
include any or all of the following services: group counseling, individual counseling,
relapse prevention counseling, and educational lectures. Outpatient Care Treatment
may be offered at the following levels: "Day or Night with Community Housing" which
provides a minimum of 25 hours of services per patient per week; "Day or Night"which
provides 12-24 hours of services per patient per week, "Intensive Outpatient" which
4
provides 9-11 hours of services per patient per week; and "Outpatient" which
provides less than nine hours of services per patient per week. At any given time,
outpatient treatment may only be provided to a maximum number of non-residential
clients��equivalent to twentv five percent 25% of the rehabilitation facility's
maximum residential occupancv for all levels of residential care r����^^+ �"^�* *��m
E�� + ,� ,� ,� �;,�„n+;-,� �.,n„ _ +,-„ +,�,,,n+ ,.�• * � Outpatient Care
� S1TO Sl'1TC1"l"rZ. 1 C 1 1 C C 1 C.
Treatment services can also be provided to the rehabilitation facility's clients �FCTTJ
who are currently receiving Short Term Care, Extended Care or r���,��T Follow-up
Care +�^,��, and in such cases the number of participating clients �t3 is only
limited by the rehabilitation facility's r^���� occupancy limits as set forth at
subsection 78-180(i)(16).
(6 �) Emergency or medica/ detoxification means the elimination of toxins such
as alcohol or controlled substances from the body of individuals who require acute care
and/or may have serious health risks as a result of their substance abuse. Medical or
emergency detoxification is performed under the direct supervision of inedical doctors
and medical support staff, and may include the administration of inedication or
tranquilizers in order to ease the withdrawal process. Medical or emergency
detoxification is a prohibited use in a rehabilitation faciiity.
Sectian 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article VI. Schedule of District Regulations, Division 2. Schedule of Use
Regulations, at Section 78-180, MU Mixed Use District, subsection (i) Special Exception Uses,
Number (16) Rehabilitation Facilities, to adopt revisions pursuant to a Settlement Agreement in
the case of GMH Holdings, LLC v. Village of Tequesta, Case No. 18CV-81164-DMM; which
revisions repeal monthly and annual reporting requirements; providing that Sec. 78-180 shall
hereafter read as follows:
Sec. 78-180. - MU mixed-use district.
[Sections (a) through (h) shall remain in full force and effect as previously adopted.]
(i) Special exception uses. Special exception uses in the mixed-use district are as follows:
5
[Sub-sections (1) through (15) shall remain in full force and effect as previously
adopted.]
(16) Rehabilitation facilities, subject to the following conditions:
a. Rehabilitation facilities shall be prohibited from being located within
a one-half mile radius of another rehabilitation facility.
b. Ninety percent of the dwelling units shall have a minimum of 575
square feet. The remaining ten percent of the dwelling units may have a
minimum of 500 square feet.
c. A maximum of 45 percent of the dwelling units shall be permitted to
have two bedrooms. In no case shall a dwelling unit have more than two
bedrooms. Two bedroom dwelling units shall have a minimum of 750 square
feet.
d. Occupant load for individuals receiving treatment shall not exceed
the number of bedrooms. Bedrooms and studio dwelling units shall be for
single occupancy only. Overall density for a rehabilitation facility shall not
exceed eight dwelling units per gross acre.
e. Dwelling units shall be configured as follows:
1. Studio units, if provided, shall have a one combination
bedroom/living area/ kitchen, and a private bathroom.
2. One-bedroom units, if provided, shall have one private
bedroom, one private bathroom, private living areas and a private
kitchen.
3. Two-bedroom units, if provided, shall have two private
bedrooms, two private bathrooms, common living areas and a common
kitchen.
f. Dwelling units shall not have separate individual mailing addresses.
Rather, the rehabilitation facility shall maintain one master address which all
residents shall reside under during their stay at the rehabilitation facility.
6
g. Rehabilitation facilities must be equipped with a controlled space,
effectively screened from public view, for arrivals and departures of patients.
This space shall be large enough to accommodate an ambulance for
transporting patients in and out of the facility.
h. Rehabilitation facilities shall be surrounded on all sides by a fence or
wall located as close to the property lines as is practical. The fence or wall shall
be a minimum of six feet in height but may be as high as ten feet, measured
from finished grade, in order to ensure privacy for both rehabilitation facility
patients and for village residents. The fence or wall shall be constructed in such
a manner as to complement and accentuate the principal structures of the
rehabilitation facility. Both the interior and exterior sides of the fence or wall
shall be landscaped in accordance with the principles set forth at section 22-84
of the Village Code of Ordinances. If a fence, wall or hedge is located on a corner
lot or a double frontage lot, a vehicular and pedestrian visibility triangle of a
size and dimension which complies with current traffic engineering standards
of the American Association of State Highway and Transportation Officials
(AASHTO) and the county shall be provided in both directions from the
intersection point of the property lines.
i. The rehabilitation facility shall include a backup generator system. The
system shall be sized for the building occupancy load and have a fuel source
sufficient to operate the facility for a minimum of seven days.
j. The rehabilitation facility shall by separate agreement guarantee
payment to the primary fire rescue provider for patient ambulance transport
service.
k. In conjunction with the application for special exception use, the
rehabilitation facility shall submit a security plan that includes patient off-site
visits. The security plan shall be approved by the village council with input from
the chief of police.
7
I. Reserved. T�„ „�.,�,�,�-,*,,,,, c..,.,�;,.,,•��.,�� *h,-,,,,,,� ,+� �,,,,.,� ,. �� „
,
se,-�a�e ef#TEe�rs, s���r�t�#1=y—Ke��s �e t��v+l�age'
•�2�/ek-r�,� } ,� � �2 �}i�ir��l�—�C+l,�h +F, +h�}_o�+�hl;.-h
�1�-drr�6�$#�—nv--rc'r T 2 7CT m�i�rrvrrc��� c i�a c c o c a o��o��
�
ro + ' +' '+h -. h-+ +h.�. r-+*i� �f+1�� .+ w�hr.r �f r��tior�.+c�
i r � �
e��pa�ien� �rea�men� �e �he m"^� ^f ^�+�^^*� rt �►�n.-+ +„r,..., ,,,�
,
�tet't�F.��t1,,,, �n „f„ �h ,
m. In conjunction with the application for special exception use, the
village may, at its discretion, secure an impact analysis study, performed by an
independent entity, detailing the proposed rehabilitation facility's projected
community wide impacts. This study, if prepared, shall specifically address the
rehabilitation facility's potential economic impact to the village, the creation
and continuation ofjobs,the potential impact on law enforcement and criminal
activity, and the potential impact on the village's emergency medical resources.
In addition, the study should address the proposed rehabilitation facility's
impact on the quality of life for neighboring properties and the village as a
whole.
n. In conjunction with the application for a business tax receipt and the
annual renewal thereof, a rehabilitation facility shall submit to the village, in
the form of a sworn affidavit by the rehabilitation facility's legal representative
who is authorized to do so, written documentation that the rehabilitation
facility is in compliance with all requirements of this section as well as the
definitional requirements of section 78-4. Should the rehabilitation facility's
business tax receipt be issued based upon a false affidavit, the village may seek
8
to impose all penalties allowed by law, pursuant to chapter 70, article II of the
village code of ordinances. �
o. Should the rehabilitation facility at any time violate any of the
requirements of this section or any of the definitional requirements of section
78-4, the village may obtain relief through the code enforcement special
magistrate process pursuant to chapter 2, article IV of the village code of
ordinances. For purposes of the code enforcement special magistrate process,
each day that the rehabilitation facility is found to be in violation shall be
considered a separate offense. In addition to the code enforcement special
magistrate process, the village may seek any and all relief available to it by law
or in equity, including, but not limited to injunctive relief, recovery of money
damages, or both.
Section 3: Each and every other Section and Subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously adopted.
Section 4: All ordinances or parts of ordinances in conflict be and the same are hereby
repealed.
Section 5: 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 of this Ordinance.
Section 6: Specific authority is hereby granted to codify this Ordinance.
Section 7: This Ordinance shall take effect immediately upon passage.
9
ORDINANCE - Date
`�
1-19 03/14/2019
I
Upon Second Reading
Motion Council Member Vince Arena Second Council Member Laurie Brandon
VOTE
FOR ADOPTION AGAINST ADOPTION ABSENT
Mayor•Abigail Br�ennan � � �
Vice-Mayor Tom Paterno � � �
Council Member Vince Ar�ena � � �
Council Membet•Laurie Brandon � � �
Council Member Kristi Johnson � � �
The Mayor thereupon declared the 01•dinance duly passed and adopted.
MAYOR OF TEQUESTA ATTEST:
;�
` ,..�,,,,,,,0�����r,�,,,,,,,,, ,
,��....p�� QG,,
. ;°Q.. �Q� R9j��••.�'--;
� �,�1 � ��,. G F .N-
__ _;, . � � l ��-t � � �e�c��Q:r cr� ==� ��AL. �:.�:
Abigail ren aii = ,`�_
Lori McWilliams, MMC _ :.�NCORP�RATED: _
� Village Clerk �•.. ` ,
�°'�,,�'��E 4,�9��0�:°��
����""��„�U�F��F����",���.