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1. VILLAGE COUNCIL MEETING:
VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
MEETING DATE: MEETING TYPE: ORDINANCE #:
7-9-09 LPA 11-09
REGULAR
CONSENT AGENDA: RESOLUTION #:
ORIGINATING DEPARTMENT: COMMUNITY DEVELOPMENT
2. AGENDA ITEM TITLE:
SECOND READING OF ORDINANCE 11-09 AMENDING THE VILLAGE OF TEQUESTA CODE OF
ORDINANCES CHAPTER 78 ZONING FOR MULTIPLE FAMILY DWELLING DISTRICT TO PROVIDE FOR
INCLUSION OF NEW SPECIAL EXCEPTION FOR ADULT LIVING FACILITY.
3. BUDGET /FINANCIAL IMPACT: NONE
ACCOUNT #: ~_:,iir,k here to enter text AMOUNT OF THIS ITEM: dick here to enter- te~:t
CURRENT BUDGETED AMOUNT AMOUNT REMAINING AFTER ITEM:
AVAILABLE:
BUDGET TRANSFER REQUIRED: wi'',:)Se APPROPRIATE FUND BALANCE: Choose ~+~ i,e:~~?
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4.
SECOND READING OF ORDINANCE 11-09, AMENDING THE VILLAGE OF TEQUESTA CODE OF
ORDINANCES AT CHAPTER 78 ZONING FOR R-2 MULTIPLE FAMILY DWELLING DISTRICT; TO
PROVIDE FOR THE INCLUSION OF A NEW SPECIAL EXCEPTION USE IN THE ZONING DISTRICT TO
BE ENTITLED "ADULT LIVING FACILITY"
5_ APPR(~VAI S•
Dept. Head:
Attorney: (~IVI I~iyi11 ~7u111 V1611Vr~
Village Manager: ~~ -'
• SUBMIT FOR COUNCIL DISCUSSION: [~
• APPROVE ITEM: ^
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• DENY ITEM: ^
INTER-OFFICE MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
To: Mayor and Council
Village Manager
From: Community Development
Catherine Harding
Ref: Ordinance 11-09
Date: 6-26-09
This is the second reading of Ordinance 11-09, amending the Village of Tequesta
Code of Ordinances at Chapter 78 Zoning for R-2 Multiple Family Dwelling
District; to provide for the inclusion of a new Special Exception use in the Zoning
District to be entitled "Adult Living Facility"
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 REMAlN 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.)
1~1 Adult. Livina Facilities (includes Assisted Livina Facilities as defined at Chapter
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429. F.S.). Evidence that all regulations set 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 occuoancv: maximum number of units shall not exceed twelve X12) units
er acr .
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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