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Home My WebLink AboutDocumentation_Regular_Tab 13_3/9/2023Agenda Item #13. Regular Council STAFF MEMO Meeting: Regular Council - Mar 09 2023 Staff Contact: Nilsa Zacarias, Director of Community Development AL Department: Community Development ORDINANCE 05-23, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. AT SECTION 78-177. C-2 COMMUNITY COMMERCIAL DISTRICT. TO INCLUDE VETERINARY OFFICE AS A SPECIAL EXCEPTION USE IN THAT ZONING DISTRICT; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECTAS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ORDINANCE 05-23 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. AT SECTION 78-177. C-2 COMMUNITY COMMERCIAL DISTRICT. TO INCLUDE VETERINARY OFFICE AS A SPECIAL EXCEPTION USE IN THAT ZONING DISTRICT; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION 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. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768- 0443. PROJECT NAME: Proposed: N/A BUDGET: N/A MEMO - veterinary office in C-2 w attach Ord 5-23 C-2 Veterinary Office VC 1st Reading ENCUMBERED: N/A Projected Remaining: N/A Page 189 of 221 Agenda Item #13. VILLAGE OF TEQUESTA To: Mayor Molly Young and Village Council From: Nilsa Zacarias, AICP, Community Development Director Date: March 9, 2023 Ref.: Ordinance 05-23 —Veterinary Office in C-2 In 2013, the Village adopted Ordinance 15-13, which made veterinary offices a permitted use in the C-3 General Commercial Zoning District and added a definition to the Village Code (see the enclosed Ordinance 15-13). Veterinary offices are only permitted in the C-3 General Commercial District. Currently, the C-2 Community Commercial District does NOT allow veterinary offices as a permitted or a special exception use (see enclosed Code). The below map indicates the locations of the C-2 and C-3 Zoning Districts. 1 Page 190 of 221 Agenda Item #13. The C-2 Zoning District allows professional office, which excludes veterinary offices (see below definition). "Professional office means the office of a person engaged in any occupation, vocation, or calling, not purely commercial, mechanical, or agricultural, in which a professed knowledge orskill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an art founded thereon. This definition does not include veterinary offices nor does it include health care facility or medical or dental offices." In addition, please see the following definition for veterinary offices, "Veterinary office means a state licensed facility for the medical and/or surgical treatment and care of animals. Such facilities may include 24-hour emergency care, and/or animal boarding associated with medical or surgical treatment; however, any such boarding must occur inside the facility. General boarding that is not associated with medical or surgical treatment is prohibited. Veterinary offices may include an outdoor area to the rear of the facility for the walking of dogs or other animals receiving medical or surgical treatment at the facility." The existing code for veterinary offices has considerations for animals needing an outdoor area for post - medical treatments. Please note that the C-2 Zoning District consists of various shopping plazas and if veterinary offices are permissible in this district, then the plazas will need to provide an outdoor space for this post -medical treatment. The subject ordinance was heard by the Local Planning Agency (LPA) at the February 16, 2023 meeting. The Board recommended the following revision to the ordinance: • Veterinary office must be located within a freestanding building. The proposed Zoning Code text amendment includes the LPA Board's recommendation and the process is as follows: 1. Local Planning Agency (LPA) — February 16, 2023 2. Village Council First Reading— March 9, 2023 3. Village Council Second Reading — April 13, 2023 Enclosed: 1. ORDINANCE 15-13 —Veterinary Offices 2 Page 191 of 221 Agenda Item #13. ORDINANCE NO. 15-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. BY AMENDING SEC. 784. DEFINITIONS. BY CREATING A DEFINITION FOR VETERINARY OFFICE; FURTHER AMENDING SEC. 78-178. C-3 GENERAL COMMERCIAL DISTRICT. TO INCLUDE VETERINARY OFFICE AS A PERMITTED USE IN THAT ZONING DISTRICT; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB- SECTION 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, current development trends in the Village have led the Village Council to believe that the Village's C-3 zoning district should be revised to allow veterinary offices in this commercial zoning district; and and WHEREAS, such a use is deemed to be reasonable in the Village's C-3 zoning district; WHEREAS, the Village Council desires to adopt such a revision to the Village's zoning code; and WHEREAS, the Village Council believes the code amendment contained in this ordinance will be in the best interests of the citizens of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Sec. 784. Definitions. by adopting a new definition for "Veterinary office" and inserting said definition alphabetically into the list of definitions in this section; providing that the definition for veterinary office shall hereafter read as follows: Veterinary office means a state licensed facility for the medical and/or surgical treatment and care of animals Such facilities may include 24 hour emergency care and/or animal boarding associated with medical or surgical treatment: however, any such boarding must occur inside the facilitv. General boarding that is not associated with medical or surgical treatment is Page 192 of 221 Agenda Item #13. prohibited. Veterinary offices may include an outdoor area to the rear of the facility for the walking of dogs or other animals receiving medical or surgical treatment at the facility. Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article VI. District Regulations. Division 2. Schedule of Use Regulations. by amending Sec. 78-178. C-3 General Commercial District to add veterinary office as a permitted use; providing that Sec. 78-178 shall hereafter read as follows: Sec. 78-177. C-3 General Commercial District. (a) Purpose. [This paragraph shall remain in full force and effect as previously adopted] (b) Permitted Uses. Permitted Uses in the C-3 District are as follows: (1) — (17) [shall remain same as previously adopted] 18) Veterinary office (c) Accessory uses. [This paragraph shall remain in full force and effect as previously adopted] (d) Special exception uses. [This paragraph shall remain in full force and effect as previously adopted] (e) Prohibited uses and structures. [This paragraph shall remain in full force and effect as previously adopted] Section 3: Each and every other section and subsection of Chapter 78. Zoning. shall remain in full force and effect as previously enacted. Section 4: All Ordinances or parts of Ordinances in conflict herewith 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 become effective immediately upon passage. 4 Page 193 of 221 Agenda Item #13. Upon Second Reading this 11 "' day of July 2013, the foregoing Ordinance was offered by Council Member D'Ambra who moved its adoption. The motion was seconded by Vice -Mayor Arena and upon being put to a vote, the vote was as follows: Mayor Abby Brennan Vice -Mayor Vince Arena Council Member Steve Okun Council Member Tom Paterno Council Member Frank D'Ambra For Adoption Against Adoption X The Mayor thereupon declared the Ordinance duly passed and adopted this 1 lt' day of July 2013. OF E OF .P . i. ;�;�• GOR 09 �Q1".. Abigail ATTEST: N /NC Ogp�RA : y �A%� rFO. 4 ,191,1 P Lori McWilliams, M C"""111%, � Village Clerk 3 Page 194 of 221 Agenda Item #13. ORDINANCE 05-23 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. AT SECTION 78-177. C-2 COMMUNITY COMMERCIAL DISTRICT. TO ALLOW VETRINARY OFFICES AS A SPECIAL EXCEPTION USE IN THAT ZONING DISTRICT UNDER CERTAIN CIRCUMSTANCES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION 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, current development trends in the Village have led the Village Council to believe that the Village's C-2 Zoning District should be revised to allow veterinary offices within this Zoning District; and and WHEREAS, such a use is deemed to be reasonable in the Village's C-2 Zoning District; WHEREAS, the Village Council desires to adopt such a revision to the Village's Zoning Code; and WHEREAS, the Village Council believes the code amendment contained in this ordinance will be in the best interests of the citizens of the Village of Tequesta. NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: 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. by amending Sec. 78-177. C-2 Community Commercial District to add veterinary office as a special exception use; providing that Sec. 78-177 shall hereafter read as follows: Sec. 78-177. - C-2 community commercial district. (a) — (c) [These paragraphs shall remain in full force and effect as previously adopted] (d) Special exception uses. Special exception uses in the C-2 district are as follows: (1) — (19) [shall remain same as previously adopted] (20) Veterinary office, to the following condition: a. Veterinary office must be located within a freestanding building. (e) — (f) [These paragraphs shall remain in full force and effect as previously adopted] 1 Page 195 of 221 Agenda Item #13. Section 2: Each and every other section and subsection of Chapter 78. Zoning. shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: 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 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon adoption. 2 Page 196 of 221