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1. VILLAGE COUNCIL MEETING:
VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
MEETING DATE: MEETING TYPE: ORDINANCE #:
6-11-09 VILLAGE COUNCIL
11-09
CONSENT AGENDA: RESOLUTION #:
ORIGINATING DEPARTMENT: COMMUNITY DEVELOPMENT
2. AGENDA ITEM TITLE: (WORDING FORM THE SUBJECT LINE OF YOUR STAFF REPORT)
FIRST READING OF AN ORDINANCE TO REVISE THE ZONING CODE REGULATIONS REGARDING
ADULT LIVING FACILITIES TO ALLOW SAME AS A SPECIAL EXCEPTION USE IN THE R-2 ZONING
DISTRICT AT THE SAME DENSITY AS RESIDENTIAL DWELLING UNITS.
3. BUDGET /FINANCIAL IMPACT:NONE
ACCOUNT #: Click here to enter text. AMOUNT OF THIS ITEM: Ciick here to enter text.
CURRENT BUDGETED AMOUNT AMOUNT REMAINING AFTER ITEM:
AVAILABLE: _ •~_: ~~~,t~r ie=
!1 ~(~ _ Y y
BUDGET TRANSFER REQUIRED: Choose APPROPRIATE FUND BALANCE: Choose an item.
a,_; , ~.
4.
THE PROPOSED ORDINANCE IS BEING PRESENTED FOR FIRST READING. IT WOULD ALLOW FOR A
SPECIAL EXCEPTION OF AN (ALF) ADULT LIVING FACILITY, TO BE PERMITTED IN THE R-2,
MULTIPLE FAMILY ZONING DISTRICT. ALLOWING FOR A DENSITY OF 12 DWELLING UNITS PER
GROSS ACRE.
5.
APPROVALS: / ~
~/~ ~
DEPT. HEAD: ~ ~ FINANCE DIRECTOR ~ ~~
ATTORNEY: (FOR LEGAL SUFFICIENCY) - ~ YES ^ NO
VILLAGE MANAGER: ~~~-~~ ~ .___
• SUBMIT FOR COUNCIL DISCUSSION:
• APPROVE ITEM: ^
• DENY ITEM: ^
INTER-OFFICE MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
To: Mayor and Council
Village Manager, Michael Couzzo
From: Catherine Harding
Community Development Director
Re: Ordinance No.11-09
Text Change to R-2, Multiple Family Zone
Date: June 2, 2009
The applicant, Indeco, LLC, Andre' Bourassa made application requesting a
text change to add to the Village of Tequesta Code of Ordinance, Section 78-
174, R-2 Multiple Family Dwelling District, a Special Exception to allow for
Adult Living Facilities at the same density as R-2, Residential Dwelling Units,
of 12 Dwelling Units per gross acre.
V/LLAGE OF TEQUESTA
LOCAL PLANN/NG AGENCY
PETITION FOR
FTiTTJRF T AID TJCE f'I-~ANGF,
•
ZONING DISTRICT CHANGE
~~ •
/ZONING CODE TEXT AMENDMENT
THF, UNDERSIGNED, being the owners of the following premises located at 4534 County Line Rd . and
4546 County Line Rd. ,Parcel Control #(s) 00424025000010030 #00424025990001080 containing
8 acres, situate, lying and being in the Village of Tequesta, and described as follows (enter full legal
description, attach additional page if necessary.):
SEE ATTACHED PAGE
Hereby respectfully request that said propel ~y, which is located in the territorial limits of the Village of Tequesta, Florida,
be zoned u-~ Zoning District and Future Land Use classification of Res, dents a1 ; Medium DenGity
from a Zoning District of AR County and a Future Land Use classification of MR-5 and LR-3 (County)
Further requested is a Text Change to Section 78-174
Ordinances, to read as follows: (attach additional pages if necessary)
See attached draft ordinance
of the Village of Tequesta Code of
The undersigned further certify that they are the only owners of said property(s).
Dated this 21st day of May , 2009
Indeco, LLC,
Property Owner: a t! lorida Limited Liability Co.
Print Name
Print Name
STATE OF FLORIDA
County of ~~`, ~~~, L~-c.-~
ACKNOWLEDGMENT
Indeco, LLC
By nc.
By
Sign tui-e
Signature
BEFORE ME, personally appeared ~~.C~ `1~.~-S~.S~ and
Executed the foregoing instrument, and who acknowledged to me that they executed the instrument for the purpose
therein expressed. ,~
...,,, .,
;~~'a~Pt-,~: RHONCA L, CAMPBELL
*; .= Commission DD 795330 Notaty u tc
o;~ Expires August 8, 2012
~R;P~~''' ea,asatnNrmyrrnlnsl.anoeeooassmta State of Florida at Large
My Commission Expires: ~ ~-a-
FEES: F'nture Land Use Change - $S 000 ~ Zoninp Code Text Amendment - $Z 000 • Zoning District Change - $2,000
34i Tequesta Drive
Tequesta, FL 33469
Tel. (561-575-6220; Fax: (SG1) 575-6224
/mk 5.1?.09 Forms:FutureLandUse
ORDINANCE NO. 11-09
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE OF TEQUESTA
CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE VI.
SCHEDULE OF DISTRICT REGULATIONS. DIVISION 2. SCHEDULE
OF USE REGULATIONS AT SECTION 78-174. R-2 MULTIPLE-FAMILY
DWELLING DISTRICT. TO PROVIDE FOR THE INCLUSION OF A NEW
SPECIAL EXCEPTION USE IN THIS ZONING DISTRICT TO BE
ENTITLED "ADULT LIVING FACILITY" AT NEW SUBSECTION 78-
174(d)(11); 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, the Village Council desires to revise the zoning code regulations
regarding Adult Living Facilities to allow same as a Special Exception Use in the R-2
Zoning District at the same density as residential dwelling units; and
WHEREAS, the Village of Tequesta has held all duly noticed public hearings
pursuant to Florida Statutes regarding revisions to the text at Chapter 78, the Village's
Zoning Ordinance; and WHEREAS, the Village Council believes this ordinance to be
in the best interests 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. at Section 78-174. R-2 multiple-family dwelling district. to
allow Adult Living Facilities in the R-2 Zoning District as a Special Exception Use;
providing that Section 78-174. shall hereafter read as follows:
Sec. 78-174. R-2 multiple-family dwelling district.
(a) - (c) (Shall remain the same as previously adopted.)
(d) Special exception uses. Special exception uses in the R-2 district are as follows:
(1) - (10) (Shall remain the same as previously adopted.)
~11~ Adult Livina Facilities (includes Assisted Livina Facilities as defined at Chapter
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429. F.S.). Evidence that all regulations se# forth in the state law concerning such
facilities have been met must be submitted to the Village prior to the issuance of a
certificate of occupancy: maximum number of units shall not exceed twelve (12) units
per acre.
Section 2: All Ordinances or parts of Ordinances in conflict be and the same
are hereby repealed.
Section 3: 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 4: Specific authority is hereby granted to codify this Ordinance.
Section 5: This Ordinance shall become effective immediately upon passage.
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