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Home My WebLink AboutDocumentation_Regular_Tab 06_01/13/2011 r ,� � VILLAGE OF TEQUESTA : �` �,»,� AGENDA ITEM TRANSMITTAL FORM � #i � �`'� , w 1. VILLAGE COUNCIL MEETING: Meeting Date: Meeting Type: Regular Ordinance #: 1-11 January 13, 2011 Consent Agenda: No Resolution #: N/A Originating Department: Community Development 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Proposed test amendment language to allow for a rehabilitation facility in the mixed use district. 3. BUDGET / FINANCIAL IMPACT: Account #: N/A Amount of this item: N/A Current Budgeted Amount Available: N!A Amount Remaining after item: N/A Budget Transfer Required: No Appropriate Fund Balance: No 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) Proposed Ordinance #1-11 amending the Village zoning code to a11ow rehabilitation facilities as a special exception use in mixed use district and a text amendment application from GMH Tequesta Holdings, LLC. � 5. APPROVALS: �.�'' - �/ r� Dept. Head'�� 'r�'�`�� _ Finance Director:�,�, Approved � No Financial Impact , AttorneSi: (for legal sufficiency) Yes � No � Village Manager: �-�_'~�`� �__' • SUBMIT FOR COUNCIL DISCUSSION: • APPROVE ITEM: ❑ • DENYITEM: [] Form amended 08l26/08 Memorandum To: Mayor, Vice Mayor and Village ounci Michael Couzzo, Village Manag r From: James M. Weinand, Dir. of Commi,in� ev./Fire Chief � Date: January 4, 2011 Subject: Proposed text amendment language to allow for a rehabilitation facility in the Mixed Use District. Attached is an Ordinance amending the Villaqe's zoning code to allow rehabilitation facilities as a special exception use in the mixed use zoning district and a text amendment application from GMH Tequesta Holdings, LLC. This proposed Ordinance and text amendment application incorporates the directives given to staff during the December 2n Village Council Workshop. The Ordinance creates a new definition for Rehabilitation facility, amends the existing definition of Residential use, adds rehabil.itation facilities as a special exception use in the Mixed Use Zoning District, creates conditions to be met by all rehabilitation facilities, limits density and adds Parking Regulations for rehabilitation facilities. I will be happy to answer any questions you may have concerning this proposed zoning text amendment. m:\administration documents\village manager\agenda item gmh proposed test amendment 1.4.2011.doc N�OTIC� OF ZONlNG . . . PUBLIC NOT�C� � ;'f ; . CODE TEXT CHANGE � . Vil;l_AGE; 0� _� _ � �i ' The Village of Tequesta proposes to edopt the following TEQU ESTA Ct1U N:�t�. � Ordina�ce: � . ,. Th� ViHage Council of the Vi11ag� ofTequ�sta �I.t��(9 `. ORDINANCE N0:1-11 �. as the Village's Local Planning Agency will pofi��p� ' AN� ORDINANCE OF THE VILLAGE COUNCII. O� a Public Hearing in the.�illage H�II Ibc�ted'� �� THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING Village Council Chambers Iocaled at 3�5 T�qt�.. �- THE VILLAGE CODE OF ORDINANCES AT CHAPTER Drive, Tequesta, Florida on January 93, �� ,� 6:00 p.m., or as soon therea#ter as possi(�� °,�� 78. ZONING. AT ARTICLE I. IN GENERAL. 5EC. y8- continuing from time to time and place-to pra,� ?�� :- a. DEFINITIONS.. BY CREATING AN �NTIRELY NEW _� necessary to consider and make tecomm�n�i �� DEFINPnON. FOR ."REHABILITATION FACIUTY" AND- � to the Village Council � regarding the frol�c� : ;,�il,�� , BY AMEfdDING THE DEFINITION OF "RESIDENTIAL proposed Ordinance; . :• . ORDINANCE N0.1-11 �-` USE"; AT ARTICLE VI. SCHEDIJLE OF QISTRICT ' "� ' AN ORDtNANCE OF THE VILLAGE :4'OU�`�r ." RECaULAT10NS. �SEC. 7&180 MU MIXED IJSE �y{E yp,�.pGE„OF TE�UESTA, FLOii1D�► �_;' pISTRfCT. BY ADDING "REHAB�ITATION FACN.ITIES" THE VILLAGE (:QDE OF . ORDIMA� r�t ,, �- AS A SPECU►L EXCEPI'ION USE, BY CREATING CHAPTER 78. ZONING. AT AR7ICLE I,,�N;�, f� -';. CONDITIONS TO BE MET BY ALL. REHABIL.ITATION SEC. ,78-4. DEFIIWTIOl11S. BY ., , ;, FACILITIESAND BX L.NIAtTINGTHE DENSITY �FOR SUCH ENTIREIY NEW DEFINITION fOR " .; ��. . FACIUTY" AND BY AMENDING THE DER ,, ,-� :., SPECIAL EXCEPTION USE TO 10 UNITS PER �ACHE; 'RESiDENTIAL USE"; AT ARTICLE VI �� .,_ "`; � AND AT ARTICLE X. OFF-STREET AND� ON-STREET DISTRICI' REGULATIONS: SEC. 78-180 MU�d�I ''�" � t ��h . PARKING AND LQADING REGULATIONS. BY, ADDfNG DISTRICT. BY ADDING "REHA8ILITAT{ON�' : "REHABlLITATION, FACIUTtES" AS A CATEGOifiY AND AS A SPECIAL EXCEPTION USE, BY ` � _.. COtdPPf101d$ TO BE MET BY �►LL RE : r . REQ,UIRING REHABILITATtON FACILITIES'PO PhOVIDE Fp�� pNp BY LIIV�II7NG'THE DEN� �.: r. ,; ONE OFF STREET PARKING SPACE PER PATIENT BED; SPEqAL EXCEFT�ON USE T0,10 UMTS P'�#'' ,,,�;.,'' ' PROVIDIMGTHAT EACH EVERY OTHER SECTION ANO AT ARTICIE X. OFFSTREET AND ? PARKING AND LAADING REGU1,�I,TION�;4 � ': AND SUBSECTION OF CHAPTER 78. SHALL REMAIN iN „�� • � p L+p� ':� FULL FORCE AND EFFEG7` AS PREVIOUSLY ADOPTED; � k ` ' REaUtR{NG REHABILITATION f�1GL111�$ t ;. PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY �� ONE OFF STREET PARKING SPACE PER �1'rM� CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN PROVIDING THAT EACH QND EVERY OYi�IEF� ,� ►, :':: EFFECTtVE DATE; AND FOR OTHER PURPOSE3. AND SUBSECTION OF CHAP'fER 78 SHALL. � 'I FULL FORCE AND EFFECT AS PRE1IIOl�S4�' .: ., ,.: � �,�� .. First Reading, of the Ordinance referenced above will be ��p�NG p Cp(�FUC?'S Cl�►(JSE. A: SE �,; held by theVillage Council on January 13, 2011 immediatelX CLAUSE AND AUTHORITYTO COWF�% � �>' . following the Loca1 PlanningAgency hearing which'begins �� < " ' EFFECTIVE DATE; AND FOR OTH�R RURP�$�' �' � at 6:Op p.m. or as soon thereafter as this ite.m can be heard Related documents are availabfe fbr u1�� : I and continuing from time to time and place to place in tli� and copying in the o�ce of the V�Ilags G�8 �� '. Village Council Ch�mbers located at 345Tequesta Driye, Village Hal1, Monday through FridaydU��'�.� ��C� - Tequesta, Elorida. ; business hours of 8:30 a.m. to 5 00 p: Th1�R��. ,, Hearing may be continued from time #o t�� AcopyoftheproposedOrdinanceisavailableforinSpection np,�esgary.All interested personsare��.�� . and co�sying in the o�ce of theVillage Clerk during riormat come to #he Public Hearing 2(nd be he� fi,r��-,� � t4 �;; *._ business hours of,8:30 a.m. to 5:OO Monday througti If a person deCides to appeal eny de�� - Friday. AI� interested persons are encouraged to �come to by the Tequesta Local Planning Ag:��1� ��;� r� ,; ' the public hearing and be heard. . , � Council with respect.to any m9tter eo.r��1e r ,. , F �, ;= ' '. meeting or hearing, he or she wdl need td� ;��:;, ,: If a person decides to �appeal any �decision made by the , a verbatim recOrd of the proGeedmgs-i�� Village Council with respect to any rriatter considered at � J � ` record should-include the test�mony �At�'8v�i ,� , � this meeti�g of hearing, he or she vvill neeil'to insure thet a' from which the appeal is to be based iThel/iljp�e �; ; , � , verbatim record pf the p�oceed'+ngs is made which record Tequesta does not pcovide such a r��t ��`��f '� P . should include the testimony and evidence from which. � �' ' . � Lori McWilliams, MMC,Village Clerk � �� - the appeal is to be based. The Village ofTequesta do�s not � ,��. ��`�&,� , rovi�ie suc� a record. V�tlage ofTequesta : �; ., - p . . Village Clerk ." ' � ,`�j' ' PUBI:ISH DWTE:.Isnuary 5, 201� . . pUBUSH DATE: January 2, 2011 .. ;�, ��-"� � � �i .: . ., - ; �iC� � :��i��E-�: .. _ �. t � ��E�_� �� '. ~ --_` . � �� -� � �= -_� � � �' �� f�� lt�`� �. ? 2G#G �� -�'�� 7f'�� ,�� PROFESSIONAL ASSOCIATiON JOHN �V. GARY, II7 RICHARD C. DYTRYCH JAMES H. RYAN 1925 - 1996 DONALD R. BICKNELL, JR. LAWRENCE W. SMITH ALYS NAGLER DANIELS 701 U.S. HIGHVVAY ONE, SUITE 402 PETER p4. ARNIOLD NORTH PALV] BEACH, FLORIDA 33�08 GREGORY C. PICKEN TELEPHONE .(561)-844-3700 FAX (561)-844-2388 November 11, 2010 Via Feclet•al Ex�t�ess James M. Weinand Fire Chief Village of Tequesta � 357 Tequesta Drive Tequesta, FL 33469 Re: GMH Tequesta Holdings, LLC text amendment application Dear Chief Weinand: � Enclosed please find our client's text amendment application together with our firm's check in the amount of $2,000.00 for the application fee. The text amendment is generally as we have discussed with you. At your earliest convenience next week, we would like to schedule a meeting with you and other staff inembers you deem , appropriate to further review the proposed text amendment language. Thank you very much for your continued assistance. S incerely, G Y, DYTRYCH & RYAN, P.A. Lawrence W. Smith, Esquire LWS:sm Enclosures cc: Michael Couzzo, Jr., Village Manager (via email) Keith Davis, Esq. (via email) Client (via email) � � AGENCY AUTIIORIZATION The undersigned, beiilb Vice Presideilt of GMH Tequesta IIoldings, LLC, a Dela��ue liniited liabilily company, ("Compariy") hereby designates and author•izes L,awrence W. Smith, Esq. to be its agei�t for the �urpose of representiilg GMII Tequest� Holdings, LLC in any applications t111t the Coinpany submits to the Vill�gc: oCTequest� relating to property owned by the Company located �t 223 Village Blvd., Tequesta, Tlorida. GMII Tequest� Holdings, LLC, ' a Delaware limited liability company _ _ - --_. _ `------------- _____._ - -- -- c�" _ � __- >.._.___� ,. __ _ �� / . _ . . __.�.�. .... ... __._.._,_..-.J . �~BY: _. 7 ��_ -_��. �� _ 7aii�es T. Ke�uledy, Vice Pr�i��i� / � '� �--________.- State of I'cmisylvania County of Delaware ' ,�,� I Sworn to and subscribed berore me this �� day of �.,� Q-, ti ,�::� _, 2010, by ,_` rl �� ..-/- i� k�t E� ��Y , who is personatly known to me or h�ts produced � as identilication, � � , �� c � t'_� ,�!_ �`�� ;'%f� f C�-� I�rotary Public My Cominission �lpires: �7 " ��'' " � ��' � ' {Notary Seal} CONMON\ NEP.L"f'ri JF YEN !tiSY"LVAI�II/� � NOTARIAL SEAL '^� 7HERESA M. MILLER, Notary Public j Newtown Twp., Delaw�re County '• � My Commission Expires July 20, 2013 { , � Application for Rezoning/Zoning Code Text Amendment Petitions In seeking a rezoning or amendment to the Village of Tequesta Zoning Ordinance (Chapter 78) provides: 1. The Village Council may from time to time, on its own motion or on petition, amend, ' supplement, change, modify or repeal by ordinance the boundaries or districts or regulations or restrictions herein established, after public hearing pursuant to established procedure of the Village and in accordance with the applicable local government comprehensive planning ' requirements of the State of Florida. �, 2. In case of a protest against such change signed by the owners of record of twenty (20) percent , or more, either of the area of lots which are included in such proposed change, or of those within a two hundred (200) foot radius of the proposed change, such amendments shall not become effective except by the favorable vote of three-fifths of the Village Council. SECTION I II Instructions for Comnletion: ' 1. Complete Section II of this application, and respond (in written form) to the criteria listed in Section III. You may attach a separate justification statement for this item. i 2. Sign and date this application at the end of Section III. If appropriate, complete the power of attorney form on page 4 of this application. 3. Attach any information (maps, drawings, surveys, letters, legal descriptions, etc.) that will help � identify the subject property of the petition and help clarify your application. 4. A filing fee of $2,000.00 must accompany each application upon submittal. ', NOTE: Additional charges will be assessed, i.e. attorney fees, consulting fees or other charges, if incurred by the Village of Tequesta to complete the process. Page 1 of 6 � SECTION II Please Complete the Following: Applicant /Agent Information: Name of Applicant: GMH Tequesta Holdings, LLC Contact Phone #: (610) 355-8059 Address of Applicant: 10 Campus Boulevard, Newtown Square, PA 19073 *If the applicant has an agent, or will be represented by anyone other than the applicant: *Name of Agent: Lawrence W. Smith Contact Phone #: 561- 844-3700 *Address of Agent: 701 US Hi�wav One, Suite 402. North Palm Beach, FL 33408 Regarding the Subject Property of the Petition: Street Location: 223 Village Blvd., Tequesta, FL 33469 ' Name of Subdivision:ALS PLAT OF VILLAGE OF TEQUESTA Legal Description: Parcel2 of ALS PLAT OF VILLAGE OF TEQUESTA (See Schedule A Attached) If no formal address exists, please describe the subject property: Not Ap�licable _ � Regarding the Petition: Please describe the petition being requested. (Include reason[s] for petition and intended uses for subject property. Also, include the specific existing zoning classification[s] of the subject property proposed and the proposed zoning classification[s], as well as the specific code sections and text proposed to be amended.): The applicant is hereby requesting certain text amendments to the Village of Tequesta code as more particularly described on the document entitled "GMH Proposed Text Amendments--Village of Tequesta Code", attached as Schedule B. The current comprehensive land use designation is "Mixed Use" and the current zoning district is "Mixed Use". No change is proposed to either the land use or zoning district. However, one additional special exception use ("Rehabilitation Facility") is proposed to be added to the "Mixed Use" zoning district together with a definition and ancillary code changes to accommodate the additional use being requested. Page 2 of 6 SECTION III Please address (in written form) the criteria listed below: When considering a rezoning or Zoning Code amendment petition, the Village Council/Planning and Zoning Board shall consider the following limitations on amendments: 1. The Village Council shall not pass any amendinent except on substantial proof that it is in accord with the Comprehensive Plan and sound zoning practice, and will serve to promote the purposes of zoning as provided by State law; 2. No amendment to rezone property shal] contain conditions, limitations, or requirements not applicable to all other property in the district to which the particular property is rezoned; 3. Whenever the Village Council has denied a petition for rezoning of property, the Village Council shall not consider such request for rezoning for a per•iod of six (6) months after denial, unless the Council determines that the public interest shall require it to do so. The following items for an amendment or rezoning should also be considered by the Village Council: 1. If the proposed change is consistent with the established land use pattern. Applicant Response: The proposed text amendment and addition of the Rehabilitation Facility as a special exception to the Mixed Use district is consistent with the neighboring land uses of assisted living, commercial and multi family residential. Tl�e use of the subject property as a Rehabilitation Facility, which request will come as a separate application, would satisfy the requirements of the Mixed Use district and would be a primarily residential facility consrstent with the adjacent uses. ' 2. If the proposed change would adversely impact an adjacent or nearby district. Applicant Response: The proposed text amendment (and subsequent use of the subject property as a Rehabilitation Facility) will not adversely impact adjacent uses or nearby districts. Note that no change is proposed to the zoning district in which the subject property is located. 3. If the proposed change would alter the population density pattern and thereby reasonably maintain, or concurrently increase the availability of public facilities such as utilities, streets, etc. Applicant Response: Neither the requested text amendment nor the subsequent use of the subject property as a Rehabilitation Facility would alter the population density pattern or significantly affect the availability of public facilities. Page 3 of . . 4. If the proposed cliange would be consistent with the Comprehensive Plan. Applicant Response: No change is proposed to the zoning district. Accordingly, the requested change is consistent with the comprehensive plan. S. If changed or changing conditions make the passage of the proposed amendment necessary. Applicant Response: Tlle proposed amendment is necessaiy because of the changing condition of the subject property, which has been in a state of disrepair for several years. If the requested text amendment is approved and the proprty is ultimately approved for use as a high-end Rehabilitation Facility, the property will be substantially improved and maintained in a superior condition. 6. If the proposed change will maintain or positively influence living conditions in the neighborhood. Applicant Response: See our answer to question 5 above. Clearly, the requested amendment and ultimate use which will be requested wili rid the area of a major eyesore and will positively influence living conditions in the neighbohood. 7. If the proposed change will maintain or improve traffic conditions, or otherwise address traffic-related public safety issues. Applicant Response: The requested change should have little or no effect on traffrc conditions or traffic- related public safety issues. Ultimately, the request will be to convert an existing building to a use similar to the use for which the building was originally constructed in terms of a living facility. �' 8. If the proposed change will maintain or improve drainage conditions. Applicant Response: The ultimate proposed use should improve drainage conditions since completion of construction of the site will include completion of drainage facilities on which construction began but was not completed. 9. If the proposed change will relatively maintain, or allow for appropriate light and air conditions to adjacent areas. �lpplicant Response: There should be no change with regard to light and air since the building is already existing. 10. If the proposed change witl maintain or improve property values in the adjacent area. Applicant Response: Due to the current condition of the property, the improvements contemplated by the applicant (should the requested text amendment and ultiinate use be approved} cannot help but enhance the value of the properties in the adjacent area. Page 4 of 6 11. If the proposed change will promote the improvement or development of adjacent property in accord with existing regulations. Applicant Resporzse: Most, if not all, of the adjacent property is already developed. The requested amendment and ultimate requested use will not affect the development of the adjacent property. 12. If the proposed change benefits the public welfare as opposed to resulting in a grant of special privilege to an individual owner. Applicant Response: The requested amendment and ultimate use will benefit the public welfare in that it will improve a u'ilapidated parcel of property, increase the Village's tax base and provide a service which is vital in any community, but at a vety high Ievel. No special privilege would be granted to the applicant by appoving the requested amndment and ultimate use. 13. If tl�ere are substantial reasons why the property requires a change from existing zoning. Applicant Response: No change to the existing zoning is being requested. However, the applicant will be requesting a special exception for the Rehabilitation Facility presuming the text amendment request is approved. Without the requested change to the code, the use is not pennitted. 14. Whether the change suggested is to scale, or appropriately balanced with the needs of the neighborhood or the Village. Applicant Response: The requested change will have no effect on the scale or balance of the neighborhood. The building is already constructed. I5. After using reasonable diligence, the Petitioner can demonstrate there is a reasonable lack of alternative sites available in the Village for the proposed use. Applicant Response: There are currently no sites available in the Village for the proposed ultimate use as a Rehabilitation Facility. The use is not in the code, thus necessitating the requested text amendment. With regard to the subject property, it is especially suited to the ultimate use as a Rehabilitation Facility (to be requested in a separate application) for several reasons. First, the building was constructed to house an assisted living use, a use similar in the sense that it is also general community living with private sleeping and living accomodations and with community dining and activities. Second, the building and property are in a terrible physical state, a condition that will be remedied should the approvals be granted. Finally, the location lends itself to the privacy the rehabilitation clients, the owner and the Village will want to see maintained with regard to sucll a use. Page 5 of 6 *�`If an amendment to the Comprehensive Zoning Ordinance is being requested, please attach all appropriate lunguage changes to this a�z lication. Applicant's Signature: �"�� Date: C� o t�, � �� 2G / O Print Name: l.—�� - C(r, 1�U •� V►� l 1� � �- �'�U-._., Date: � �r ��_ � 1 �-D i c'� Witness Signature: ��«�i.��. i� < <� � Print Name�-� - ` �- ; i ��``� i � Page 6 of 6 F:\DOCS\LWS\GMH - Transitions Tequesta\GMH Text Amendment Application 11-1 I-l0.doc Schedu[e A PARC�L i: A PARCEL OF LAt�D LYING IN THE NORTHWEST QUARTER �F SECTION 30, T�WNSHIP 40 SOUTN, . RANG� �3 EAST, PALM BEACH COUN'TY, FLORIDA;, BEING MORE PARTICULARl.Y DESCRTB�D AS FOLLOW5t �OMMENCE AT THE SOJTH�AST CORNER OF'il NORTFiWEST QIJARTER OF THE NORTHWEST QUARTER �F SAID SECtION 30; THEt�CE BF�,R NORTW 89°SS`00" WEST ALONG TNE SOUM LiNE OF SAID NORTHWEST QUARTER OF T�iE NORTHWEST QUARTER, A DISTANCE aF 393,86 FEET TO TH� POINT OF SEGI�lNING; 7NENCE SOUTN 17°17'07" EAST, A DISTANCE OF 335.99 FEEf; T}-iENCE NORTH 72°42'S3" EAST, A DISTANCE �� 120.OQ FEET; 7HENCE SOlJTH 17°17`07" EAST', A DISTANCE OF 370.00 FEET' TO THE INTERSECiION UVITH A CUR1lE CONCAVE TO THE SOUTNEASI', HAVIhfG A RADIUS OF 725A0 FEET AND WHOSE RADIUS POINT BEARS SOUTH 25°07`29" EAST; THENCE WE5TERLY ALONG SAID CURVE, BEIIVG 11 NORTH RIGHT OF WAY Li�tE OF VILLAGE �OULEVARD, THROUGH A CENTRAL ; A�tGLE OF 06°06'S8", A DFSTANCE OF 77.39 FEET TO TNE POiNT OF REVERSE CURVA7URE OF A CURVE CONCAVE TO TH� NORTNWEST, HAVING A i7ADIU5 OF b25A0 FEET� 7HENCE WESiERIY, ALONG SAID CURV� THROtJGH A CEM'f2AL ANGLE OF 23°54`5fi", A DISTANC� OF 260.88 FEET TO TH� POINT OF l REVERSE CURVATURE 0� A CIJRVE CONCAVE TO TH� SOUTNEAST, HAVING A RADIUS OF 725.Oa FEEI; THENCE WESTERLY Al.ONG SAID CURVE, THROUGH A CEM�RAL ANGL� OF 1S°22'20", A DISfANCE OF 19452 �EET T4'T! EASTERLY RIGHT OF WAY LINE OF OLb DIXrE HIGHWAY AS DESCRIBED IN I OFFIC.TAL RECORDS BOOK 6485, PAGE 1729, PALM BFACH COUNTY, FL�RIaA pUBLIC RECORDS; THENCE �IaR7H 22°41'S1" WEST, Al.OHG SAID �ASTERI.Y RIGNI' OF WAY LiNE, A DFSTAf�[CE OF �f56.37 ��ET TO TFi� POINT OF CURVATURE OF A CURVE CONCAV� T4 Tt�{E SOUTHWEST, HAVING A RADIUS , OF 7,679.4�i FEEI; THENCE NORTNERLY ALONG SAI� CURVE, THROUGH A CEM'RAL ANGL� 0� � 03°11'35", A DISTANCE OF 427.98 FEEC TO ?NE INTERSECTION WITH SAID SOU7N LIN� OF THE NORTHWESI' QUARTER OF THE N�RTHWEST QUARTER; THENCE, SOUII 89°56`00" EAST, ALONG 5AID SOUTH LINE, A DISTANGE QF 527.76 �EE(' TO THE POINI" OF BEGINNING. PARCEL 2: N4tJ-EXCLUSNE EASEMENT FOR TNE BENEFIT OF PARCEL 1 AS CR�ATED BY RECIPROCAL REfENTION AND DRAINAGE EASEMENT RECORDED I�V OFFICIAL RECORDS BOOK.10846, AT PAGE 137 FOR THE r� PURPOSES DESCRIBED IN SAID INSfRUMENT, OVER, UNDER AND ACROSS TNE iAND DESCRIBED AS FOILOWS: TRACTS ANDjOR .FASEMENTS OF LAND LYING iN SECTION 30, TOWNSHIP 40 SOUTH, RAIVG� 43 EAST, AND BEING A PART OF STERLI�IG HOUS� OF 7EQUESTA, AGCORDING TO 'Tl� PtAT THEREOF, AS RECORQED IN PLAT BOOK 82, PAGES 102 TNRU 104, OF TH� PUBLIC RECORD5 OF PALM BEACH COUNTY, �LORTDA; SAID TRACTS BEING MOfZE PARTICULARLY DESCRIBED AS FOIIOWS: TRAGT „ 8" BEGINNING AT T�iE SOUTH1NESi' COItNER OF SAiD STERLING HOUSE �F TEQUESi'A PLAT; THENCE NORTH 17°17'07" WEST, ALONG TFSE WEST LIN� �F SAID PLAT, A DISTANCE OF 16S.Z8 FEEi; THENCE SOUTH 19°56'17" EAST, A DISi"ANCE OF 82.Q3 FEET T4 THE POINT OF Ct1RVATURE OF A Ct1RVE CONCAVE HORTHEASTERLY, ANd HAVING A RADIUS 75.01 FEET; TNENCE SOUTHEAS7ERLY ALONG THE ARC OF SAID CURVE, THROUGN A CENTRAL ANGLE OF 29°32'29", A QISTANCE OF 38.67 FEEf TO THE POINT OF COMPOUND CURVA7URE OF A CURVE COHCAVE NORTHERLY, AND HAVIh1G A RADIUS 9.OU FEET; TNENCE EASTERLY AL4NG TH� ARC OP SAID CURVE, THROUGN A CEN'ffZAL ANGLE OF 85°�i6'17" A RISTANCE OF 13.47 FEET TO Tf�SE P(3INT OF RE1lERSE CURVATURE OF A CURVE CONCAVE SOU7EtERLY, AND HAVING A RADIUS 11.00 FEE7; TH�NC� EA5TERLY ALOfVG TN� ARC OF SATD CURVE, THROUGN A CEtVTRAL ANGLE OF 113°�4'11", A DISTANGE �F 21.84 �EET TO TtiE POINT OF TANGENCY; THENCE SOUTH 21°3Q'S�," EAST, A DISTANC� OF b.37 FEET TO A POTM" HERQNAFfER REFERRED TQ AS "BS'; THENCE CONT�NUE SOUTH 21°30`Si" A DISTANCE OF 23.69 FEEi'; TO A PdIt�lT' ON A CURVE GONCAVE SOUTHEASTERLY, AND HAVING A RADIU5 OE 725.00 FEET; SAID POINT BEING THE INTERSECTION W1TH THE NOftTH RTGFiT OF WAY LINE OF VILLAGE 80ULEVARD, AND WNOSE RADIUS POiNT BE4RS SOtIFH 21°30'51" EAST; THENCE S�U7HWESTERLY ALONG 7HE ARC OF SAFD CURVE AND NORTN RIGHT �F V1lAY GINE,�i'N�413GN�A ANGLE OF 03°3b'39" A DISTANCE OF 45.69 FEET' TD TH� POINT OF BEGINNING,• AND TRAGT'�C TRAGT "C` OF SAID STERIING tiOUSE OF'i�QUE5TA, ACCORDING TO THE PiATTHEftEOF, AS � RECORDED IN PLAT BC?4K 82, PAGES 102 THRU 104, O� TNE PUBLIC RECORD5 OF PALM BEACH � COU;�'fY, �L.ORIDA; AND 'FRACT ��° TRACT "D" OF SAID STERl.ING HOUSE OF TEQUESTA, ACCORDING 7� THE PLAT T{-tEREOF, AS RECORaED IN PLAT BOOK 8Z, PAGES 102 THRU 104, 0� TNE PUBI.IC {ZECOR�S OF PALM BEACH COUNTY, FLORIDA; AND TRAGT "E° TRAGT "E" QF SAID STERLING HOUSE OF TEQUESTA, ACCORDING TO 7HE PLAT THEREOF, AS RECORDED IN PLAT BOOK 82� PAGES 102 THRU 104, O� THE PUBLIC RECORDS OF PALM SEACH COUNTY, �LORIDA; AND - TRACT ��F" T�2ACT "F" OF SAID STERLING �tOUSE OF T�QUESTA, ACCORbING T� THE PLAT THEREOF, AS RECORDED IN PLAT B�OK 82, PAGES 102 THRU 1Q4, O� THE PUBlIC RECORDS OF PAl.M BFACH COUNTY, FLQRIDA; AND `I�RACI" "G�� BEGI�INII�G AT T� NORTHWEST CQR�EER OF THE SATD STERIING HOUSE OF TEQUESTA PfAT; T4i�NCE SOUTH 89°58'Od" EAST, ALdNG THE NORTH LINE OF SAID PLAT, A DTSTANCE OF 12.$2 FEEI' TH� POINT OF BEGINNING; TNENCE CONIINUE SOUTt-i 89°58'00" FAST, ALONC� TH� SAID NORTH LII1E, A DISTANCE OF 105.58 FEEf; Tf-lENCE SOUTH 00°02'�0" WEST', A DISTANCE �F 5.0� FEEf TO A POINT HEREINAFTER REFERRED TO AS "G1'; THENCE COMINUE SOUl'H 00°02'00" WE5T, A DISTANCE OF 51AQ F�ET TO TNE POIM' OF CURVATURE �P A CURVE CONG4VE NORTHWEST�Rl,Y, A�lD HAVING A RADrtlS Z5.00 FEEf; TtiENC� SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 7HROUGN A CENTRAL ANGLE OF 90°04'00" A pISfANCE OF 39.27 FEEI" TO TN� P�INT 0� TANGENCY; 7HENCE NORTH 89°58'00" W�ST, A DISTANCE OF 16.35 FEET; TO A POINT �N A CURYE C�NCAVE SOUTHWESTERLY, tiAVItVG A RADIUS 109A0 FEET, AND WH4SE RADIUS POIM' SEARS S�UTti 55°22'37" WE5T; THENCE NORThiWESTERLY ALONG TNE ARC OF SAID CURVE, THR4UGH A CENTRAL ANGLE OF 28°29'4i" A DISTANCE OF 54,21 FEET TO A POINT NEREINAFTER REFERRED TO AS "G2"; THENCE, CONTINUE WESTERLY ALONG THE ARC OF SAID CURVE, TFiROUGH A CEM'RAL ANGLE OF 13°21'25" A DISTANCE OF 25.41 FEET TO TNE END O� SAID CURVE; THENCE t�ORTH 00°02'fl0" EAST, A DISTANCE OF 36.99 FEET TO THE pOINT OF BEGINNING; AND TRACT'�H" TRACT' "H" OF SAID STERLING HOUSE OF TEQUES7A, ACCORDING T4 '11-iE PlAT TNEREOF, AS - R�CORDEp �N P1AT BOOK 82, PAGES 102 THRU 104, 0� TFiE PUBLIC RECORDS OF PALM BEACH COUhlTY, FLORIDA; AND . . TRACT ��I COMMENCING AT THE SOUfHWEST CORtVER OF SATD STERLING HOUSE OF TEQUESTA Pi.AT; Tt-iENCE NORIrti 17°17`07" W�ST, ALONG THE WESf l.INE OF SAIi�-P1�4T, A DIS?ANCE OF 262.47 FEE�' T� THE POINT OF BEGINNING; TNENCE CONlINUE NORTN i7°17'07" WEST, ALOIVG TH� SAID WEST LINE, A DISTANCE OF 107.54 FEET; THENC� SOUTH 72°42'53" WEST, C�NTINUING ALONG'fNE BOUNpARY LINE 0� SAID PLAT, A DISTANCE OF 71.66 FEEi; 7NENCE N(7RTN 29°i�f'02" EA5T, A DISTANCE OF 38.41 FEEf`; T'{�iENCE NORTN 10°il'42" EAST, A bISTANCE OF I5.65 �EEi' TO A POIM' ON A CURVE C4NCAVE NORTHERLY, ANp HAVING A FtAQIUS 90.00 FEET, AN[7 WH4SE RADIUS POINT BEARS NORTH 09°31'42" �AST; THENCE EASTERLY ALdNC THE AEtC OF SAID CURVE, THROUGH A CENTRAL AtVGLE OF 08°31'26" A DISTANCE OF �.3.39 FEEf' TO THE END �F SAID CIJRVE; TFiENCE SOUTH 88°59'45" EAST, A DISTANCE OF 49.71 FEET TO A POINT �N A Ct�RVE CONCAVE SOUFHWESTERLY, AND HAVING A RApIUS 15.00 F�Ei"; 3H�NC� SOUTHEASTERLY ALONG THE ARC �F SAID CURVE, THRQUGH A CENTRAL ANGLE 4r 76°12'S3", A DISTANC� OF 19.95 FEET TO 7HE PDINT OF TANGENCY; THENCE SOUTN 12°4b'S2° EAST A QIST'ANCE OF 6,26 �EEf TO A POINT H�REI(�AFFER REFERRED TO AS "Il", T{�iEKC� COid'i'INUE SOt1TH 12°45'S2" FA5T, A DISF'ANCE OF 5.45 FEET; Tf SOUTFt 77°13'Q8" � WEST, A DTSTANGE OF 23.17 FEEf T� A POINT ON A CURIIE CONCAVE EASTERLY AND NAVIIVG A RADIUS OF 24.00 FEEi', AND WHOSE �tADIUS POiNT BEARS SOI�TN 71°03'49" EAST; THENCE � SOIJTNERi.Y ALONG THE ARC OF SAIp CURVE, TNR�UGH A CENTRA[. ANGtE OF 32°59'30", A DISTANCE OF 13.$2 FEET THE POINT OF TANGEhfC^(; THENC� SOUTH 14°03'19" EAST, A DISTANCE OF 90.04 �EET TO THE AOINT OF 6EGINNING; AND TRACT "],� - COMMENQNG AT THE NORTNWEST CORNER OF THE SAID 5TERLING HOUSE OF TEQU�STA PLAT; I THENCE 50UfH 17°17'07" FJ�ST, ALONG THE V11E51" LINE OF SAID PLAT, A DISTANCE OF 217,7064 EEE1' TO TME P4I13T OF BEGINNING; THENCE NORTH 71°A3'01" EASf', A DISTANCE OF 17.�3 FEEf TO A P�INT NEREINAFTER TO AS "J1"; THENCE CONTINUE NORTH 71°03'01" EAST, A DISTANCE OF 17.00 F�ET TO A POINT dN A CURVE COlVCAV� NOR11iEASTERLY, AND NAVING A RADIUS 90.00 FEET; WFi�SE RARIUS POINT BEARS NQRTH 71°17'29" EaST; 7HENCE SOUTHEASfERLY ALONG TNE ARC �F SAID CURVE� THROUGH A CENTRAL ANGL� OF 24°13'19", A DISI'ANCE QF 38.05 FEEf TO THE END OF � SAID CURV�;IN�NCE SOU7N 12°11'29" EAST, A DISTANCE OF 1�.68 FEEf TO THE P4INT �F CllRVATURE OF A CURVE CONCAVE NORTHWESTERLY, AND NAVING A RADIUS 6.OU FEET; 7NENCE 50U7HWESTERLY ALONG THE ARC OF SAID CURV�, TNROUGH A C��CCRAL ANGl.E 0� 131°25'32", A DI51"ANCE OF ].3.76 FEET TO THE POINT OF TANGENCY; TH�NCE NORTN b0°45'SS" WE51', A � DISTANCE OF 7.2Q FEEf' T� THE POINT OF CURVATURE OF A CURV� CONCAVE SOU7HERLY, AND HAVING A RADIUS �F 4A0 FE�t; THENCE WES�'ERLYAlONG THE Al2C OF SAID CURVE, TEiROUGN A CENTRAL ANGLE OF 90°00'DO", A DISTANCE OF 6.28 FEET TO THE pOTNT OF TANGENCY; TNENCE . SOUTH 29°I4'02" WEST, A DISTANG� �F 2$.85 FEET; 7NENCE NORTN 17°17'47" WE5T, A bISTANCE OF 70.41 FE�l' TO ll-(E POINT OF BEGINNING; . TQGEfFiER WITH A 10` DRAINAG� EASEMENT LOCATED WITHIN THE 5AID STERLING HOUSE OF TEQUESTA PIAT; TNE CENTERLINE OF SAXD EASEMEM" BE6INNTNG ATTFfE AFOREMENTION�D POINT "B1"; TtiENCE NOR7H 72°34'39" EAST, ALONG SAID CENTERLINE, A DISTAtVCE OF 40.02 FEE�' TO TNE INTERSECTION W1TH SAID T6tAGT "H", ACCORDING TO SATD SFERLTNG HOUSE OF `t�QUESTA PLAT; AND ?OGEfHER WITH A 10' DRAI�lAGE �ASEMEM' I.00ATED WITHIN THE SAID STERLING HOUSE O� TEQUESf'A PLAT, TNE CENTERl.IN� OF SAID FASEMEM' BEGINNING AT Tt-3E NORTHFI�STERLY CORNER c]F SAID TRACT "C', ACCORDING TO SAIb PLAT; THENCE f�4RTH 13°09'S4" W�5T, AlONG SAID CEMERIINE, A DISTANCE O� 24A1 �EET' TO TFiE IfVTERSECTIt3N WTT}i SAID TlZACT "R°, ACCC)RDING TO SAID S7ERLING HOUSE OF TEQUESTA PLAT; AND TOGETfiER WITH A 10' DRAINAGE EASEMENT LOCATED WITHIN THE SAID STERLING NOUSE OF TEQUESTA P{.AT; THE CENTERLIN� OF SAID EASEMENT BEGINIVING AT � NORTHEASTERLY CORNER SAID TRAGT "D'; THENCE NORT! 07°12'17" EAST, AL�NG SAID CENTERLINE, A DISTANCE OF 10.72 FEET TO THE INTERSECTION WITfi SAIO TRACT "E", ACCORDING TO SAID STERLING HOUSE OF TEQUESTA PiAT; AND T4GEI'HER WITH A 14' DRAINAGE EASEMEM" LOCATED WITHFN TFiE SATD 5TERLING HOUSE OF ' TEQUESTA PWT; TNE CENTERLIN� 0� SAID EASEMEM'.BEGINNING AT TN� AFOE2EMENTIONEfl POINT °G1"; T�-iENCE S�UTH 89°58'00" EAST, AL�NG SAID CENTERLINE, A DISTANCE OF �F9.OS INTERSECTION WITH SAID "i°f2ACi' "F", ACC(3RDING TO SAID SfERLING FfOt1SE OF TEQUE5TA PLAT; AND TOGETHER WITH A ip' DRAINAGE EASEMENT LOCATED WITHIN �-iE 5AID STERLING NOUSE OF TEQUESTA PLAT; THE CEN`1�RLIN� OF SAID EASEMEM' BEGINNING A7 THE AFOREMENTION�D POINT "J1"; TH�NCE NORTH 25°23'27" WEST, ALONG SAID CENTERLIf�E, A DISTANCE 1JF 35,86 FEEf; THENCE NORTH 13°17'26" WESi', CONTINUING ALONG SAID CENTERLI(�E, A DIST'ANCE OF 127.44 ' FEkT TO 7HE INTERSECTION WITN SAID TRAC7' "G", AND TNE POIM' OF TERMINATION AT l i AFOREr1EN1TONED SAID P�INT "G2°; AND TOGETN�R WI7N A 10' DRAINAGE EASEMENT LOCATED WITHTN THE SAID STERLING HOUSE OF TEQIlESTA PLAT; TtiE CEf3T�RLINE OF SAiD EASEMENT BEGINNING AT 7HE AFOREMENTTONED POINT °I1`; THENC� SOU"f�i 82°01'47" EASi', ALONG SAID CEt�1TERLI�tE, A DISTANCE OF 23.53 FEEf TO THE � INTERSECfIdN WITH SAID TRACT "C", ACCORDING T� SAID STERLII�G HOU5E OF'TEQ�ESfA PIAT. PARCEL 3: � ' NON-EXCLl1SIVE EASEMENT FOR THE SENE�IT OF PARCEL 1 AS CREATED BY PARIQNG, , I�VGR�SS(EGRESS AND UTIl.ITIES EASEMENT RECORDED IN OF�ICIAL RECORDS BOOK 10845, AT PAG� ' 169, OF TNE PUBLIC RECORDS �F PALM BEACH COUt�'IY, FLORIDA. SCHEDULE B GMH PROPOSED TE�T AMENDMENTS--VILLAGE OF TEQUESTA CODE GMH Tequesta Holdings, LLC hereby requests that the Village adopt the following te� amendments to the referenced sections of the Village's code of ordinances: Sec.78-4. Definitions. � Rehabilitation facility (New Definitionj Rehabilitation facility means a private State of Florida licensed facility that provides rehabilitation care. 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 far co-occurring disorders. Rehabilitation facilities must provide a structured residential living environment 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, e�erior patios or sitting areas, community living azeas, medita.tion areas, fitness rooms, libraries, recreation rooms, televisions, on- site food pre�ration, and telephone and internet service. Rehabilitatian facilities must provide for short-term care treatment and extended care treatment, and may also provide follow-up treatment. Rehabilitation facilities shall not 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 patients. 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, mental or emotional issues that are directly attributed to those disorders. 2. Private means privately owned and funded with no use of state or federal funds for the operation of the facility or care of patients. 3. Short-term care means a program designed for a minimum stay of 30 calendar days. 4. Extended care treatment means an additional 30 to 60 calendar day stay in ', residential treatment after completing the initial shart-term care residential i treatment program. ', 5. Follow-up treatment means a program designed for an additional one week � stay in residential treatment, subsequent to the previous completion of the short-term care or e�ended care treatment program, and must occur at the same facility where short-term care or e�ended caze treatment was received. Follow-up treatment is for those patients who need additional structured follow-up treatment that does not require the clinical intensity of the short term or extended care treatment program. Follow-up treatment shall not , account for more than ten percent (10%) of the Rehabilita.tion Facility's ' patient clientele. Follow-up care can also be in the form of electronic i correspondence or tele-conferencing, and in such cases has no limits or restrictions regarding the duration of the care, the location of the treatment or the number of participating patients. Residential Use Present definition: Residential use means use of land or structures thereon, or a portian thereof, as a dwelling place for one or more families or households, but not including occupancy of a transient nature such as hotels, motels, or timesharing rentals. Proposed Definition: Residential use means use of land or structures thereon, or a portion thereof, as a dwelling place for one or more families or households, including residential rehabilitation facilities in the MIJ mixed-use district, but not otherwise including occupancy of a transient nature such as hotels, motels, or timesharing renta.ls. Sec. 78-180. MU miaced-use district. (i) Special exception uses. (New Category) (16) Rehabilitation,f'acilities, subject to the following conditions: a. Rehabilitation facilities shall be prohibited from being located within one- half mile radius of another rehabilitation facility. b. Ninety percent of the residential living units within the rehabilitation facility shall have a minimum of 575 square feet which shall include a private living room, bedroom and bathroom. The remaining ten percent of the living units shall have a minimum of 500 square feet. c. Occupant load for individuals receiving treatment sha11 not exceed the �� number of bedrooms. Overall density far a rehabilita.tion facility shall not exceed ten (10) dwelling units per gross acre. d. 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 accommoda.te an ambulance for transporting patients in and out of the facility. e. The rehabilitation facility shall by separate agreement guarantee payment to the primary fire rescue provider for patient ambulance transport service. f. 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. Health Care facility or medical or dental office (add "psychologists" to list of health care practitioners): Health care facility or medical or dental o�ce means providing health care services to the public by physicians, dentists, chiropractors, osteopaths, physical therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists, �svcholog�sts, (who are also known as health care practitioners) or others who are duly licensed to practice their respective medical or dental profession in the State of Florida, as well as others, including but not limited to technicians and assistants, who are acting under the supervision and control of a licensed health care practitioner. Sec. 78-705. Required number af parking spaces. (New Category) (33) Rehabilitation,f'acilities: One space per patient bed. I F:\DQCS�I,WS\GMH - Transitions Tequesta\GMH PROPOSED TEXT AMENDMENTS. V2.doc ORDINANCE NO. 1-11 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. AT ARTICLE 1. IN GENERAL. SEC. 78-4. DEFINITIONS. BY CREATING AN ENTIRELY NEW DEFINITION FOR "REHABILITATION FACILITY" AND BY AMENDING THE DEFINITION OF "RESIDENTIAL USE"; AT ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS. SEC. 78-180 MU MIXED USE DISTRICT. BY ADDING "REHABILITATION FACILITIES" AS A SPECIAL EXCEPTION USE, BY CREATING CONDITIONS TO BE MET BY ALL REHABILITATION FACILITIES AND BY LIMITING THE DENSITY FOR SUCH SPECIAL EXCEPTION USE TO 10 UNITS PER ACRE; AND AT ARTICLE X. OFF-STREET AND ON-STREET PARKING AND LOADING REGULATIONS. BY ADDING "REHABILITATION FACILITIES" AS A CATEGORY AND REQUIRING REHABILITATION FACILITIES TO PROVIDE ONE OFF STREET PARKING SPACE PER PATIENT BED; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. 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 has received a privately initiated application from GMH Tequesta Holdings, LLC to amend the Village's zoning code text to allow i rehabilitation facilities as a special exception use in the MU Mixed use zoning district; and ; WHEREAS, said application provides a definition for "rehabilitation facility" as well as density restrictions, parking requirements and other conditions of approval that all rehabilitation facilities would have to meet in order to receive approval to operate from the Village Council; and WHEREAS, the applicant has previously advertised and held a public "town hall" meeting to discuss with the citizens of the Village its intentions to operate a rehabilitation facility in the MU Mixed use zoning district; and WHEREAS, the applicant has met with Village staff on numerous occasions in order to prepare its application in a manner that will serve not only its own purposes, but also those of the Village ;and WHEREAS, the applicant has previously met with the Village Council in a publicly noticed workshop meeting to further discuss and refine its application; and WHEREAS, the applicant has taken into account all the input obtained at all the aforesaid meetings and workshops, resulting 'in the zoning code text amendments as set forth herein, which the Village Council believes will be in the best interests of the , Village of Tequesta, and will promote the public health, safety and welfare. '� NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE I 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 I. In General. Sec. 78-4. Definitions. by creating an entirely new definition for "Rehabilitation facility" to be inserted alphabetically into the , existing list of definitions, and by amending the existing definition of "Residential use"; ', providing that these definitions shall hereafter read as follows: I� Section 78-4. Definitions Rehabilitation facilitv means a arivate State of Florida licensed facilitv that arovides II �', rehabilitation care. The nrimarv aurqose of a rehabilitation facilitv is to nrovide � treatment for drua and alcohol add iction and eatina disorders: however, the rehabilitation facilitv must be a dual diaanostic facilitv staff_ed and eauipped to arovide treatment for co-occurrina disorders. Rehabilitation facilities must arovide a structured residential livina environment which includes the followina features: 24-hour on-site I securitv: 24-hour patient suqervision bv licensed nursina staff: and aualitv of life services such as swimminq pools. qarden areas. sqort-courts. exterior aatios or sittina areas communitv livinq areas. meditation areas. fitness rooms. libraries. recreation rooms. televisions. on-site food areparation and teleahone and internet service Rehabilitation facilities must arovide for short-term care treatment and extended care treatment. and mav also qrovide follow-ua treatmen#, Rehabilitation facilities shall not offer anv services for individuals with a historv of violent behavior or threats to the aublic health safetv and welfare or the health. safetv and welfare of other qatients The followina definitions anplv to the definition of rehabilitation facilitv: 1. Rehabilitation care means diaanosis and treatment for drua and alcohol addiction disorders. eatina disorders and ahvsical. mental or emotional issues that are directiv att�ibuted to those disorders. 2. Private means qrivatelv owned and funded wit no use of state or federal funds for the oneration of the facilitv or care of qatients. I 3. Short-term care means a nroaram desianed for a minimum stav of 30 calendar davs. 4. Extended care treatment means an additional 30 to 60 calendar dav stav in residential treatment after comqletina the initial short-term care residential , treatment nroaram. I 5. Follow-ua treatment means a aroaram desianed for an additional one week stav in residential treatment subseauent to the arevious comaletion of the short-term care or extended care treatment nroaram and must occur at the same facilitv where short-term care or extended care treatment was received Follow-un treatment is_ for those natients who need additional structured follow-uq treatment that does not reauire the clinical intensitv of the short term ' or extended care treatment nroaram Follow-ua treatment shall not account for more than ten aercent (10%) of the Rehabilitation Facilitv's patient clientele. Follow-ua care can also be in the form of electronic corresaondence or tele-conferencina. and in such cases has no limits or restrictions reaardina the duration of the care. the location of the treatment or the number of qarticipatina aatients. Residential use means use of land or structures thereon, or a portion thereof, as a dwelling place for one or more families or households, includina residential rehabilitation facilities in the MU mixed-use district. but not otherwise including occupancy of a transient nature such as hotels, motels, or timesharing rentals. Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article VI. Schedule of District Regulations. Sec. 78- 180. MU mixed use district. by adding "rehabilitation facilities" as a special exception use, by creating conditions to be met by all rehabilitation facilities, and by limiting the density for such special exception use to 10 units per acre; providing that Sec. 78-180 shall hereafter read as follows: Sec. 78-180. MU mixed-use district. (a) Purpose. [This paragraph shall remain in full force and effect as previously I enacted.] (b) Applicability of development regulations to mixed-use development. [This paragraph shall remain in full force and effect as previously enacted.] (c) Conflicts with other regulations. [This paragraph shall remain in full force and effect �, as previously enacted.] ' (d) General requirements and special regulations. The following general requirements and special regulations shall apply to planned mixed-use development within the mixed- use district: (1) Location. [This paragraph shall remain in full force and effect as previously enacted.] I �I (2) Configuration of site. [This paragraph shall remain in full force and effect as previously enacted.] (3) Unity of title. [This paragraph shall remain in full force and effect as previously enacted.] (4) Density. For the purpose of this section, if dwelling units are to be developed as part of a proposed development within the mixed-use district, the total number of dwelling units permitted in the mixed-use district shall be computed on the basis of 18 dwelling units per gross acre for all residential uses, with the followina exceations: e�esep�ie�-�# ACLFs�#isk� shall be computed on the basis of 24 dwelling units per gross acre� and rehabilitation facilities shall be computed on the basis of 10 dwellina units aer aross acre. (5) Building height. [This paragraph shall remain in full force and effect as previously i enacted.] (e) Site plan review. [This paragraph shall remain in full force and effect as previously ' enacted.] ' (fl Urban design principles. [This paragraph shall remain in full force and effect as previously enacted.] (g) Urban design objectives. [This paragraph shall remain in full force and effect as � previously enacted.] (h) Permitted uses. [This paragraph shall remain in full force and effect as previously enacted.] (i) Special exception uses. Special exception uses in the mixed-use district are as �! follows: (1) -(15) [These paragraphs shall remain in full force and effect as previously enacted.] (161 Rehabilitation facilities. subiect to the followina conditions: a. Rehabilitation facilities shall be nrohibited from beina located within one- half mile radius of another rehabilitation facilitv. b. Ninetv percent of the residential livina _units within the rehabilitation facilitv shall have a minimum of 575 sauare feet which shall include a arivate livina room. bedroom and bathroom. The remainina ten aercent of the livina units shall have a minimum of 500 sauare feet. c. Occuaant load for individuals receivina treatment shall not exceed the I number of bedrooms. Overall densitv for a rehabilitation facilitv shall not exceed ten (101 dwellina units qer aross acre. d. Rehabilitation facilities must be eauiqped with a controlled saace� � effectivelv screened from aublic view. for arrivals and denartures of i patients. This snace shall be larae enouah to accommodate an '� ambulance for transnortina qatients in and out of the facilitv. e. The rehabilitation facilitv shall bv seaarate aareement auarantee navment to the nrimarv fire rescue arovider for qatient ambulance transqort service. ' f. The rehabilitation facilitv shall include a backun aenerator svstem. The ', svstem shall be sized for the buildina occunancv load and have a fuel � source sufficient to onerate the facilitv for a minimum of seven davs. (j) Accessory uses. [This paragraph shall remain in full force and effect as previously , enacted.] ', I I _ - --- __ � (k) Planned mixed-use development required. [This paragraph shall remain in full force and effect as previously enacted.] (I) Prohibited uses. [This paragraph shall remain in full force and effect as previously enacted.] (m) Property development standards. [This paragraph shall remain in full force and effect as previously enacted.] Section 3: Chapter 78. Zoning. of the Code of Ordinances of the Village of I Tequesta is hereby amended at Article X. Off-Street and On-Street Parking and Loading Regulations. Sec. 78-705. Required number of parking spaces. by adding "rehabilitation , facilities" as a category and requiring rehabilitation facilities to provide one parking I space per patient bed; providing that Sec. 78-705 shall hereafter read as follows: Sec. 78-705. Required number of parking spaces. (1) -(32) [These paragraphs shall remain in full force and effect as previously enacted.] (331 Rehabilitation facilities: One saace qer qatient bed. Section 4: Each and every other section and subsection of Chapter 78. Zoning. shall remain in full force and effect as previously enacted. Section 5: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 6: 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 7: Specific authority is hereby granted to codify this Ordinance. I Section 8: This Ordinance shall become effective immediately upon passage. I i