HomeMy WebLinkAboutDocumentation_Regular_Tab 05_02/10/2011 DRAFT
ORDINANCE NO. 1-11
AN ORDINANCE OF TIiE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING. AT ARTICLE I. IN
GENERAL. SEC. 78-4. DEFI1vITIONS. BY CREATING AN ENTIRELY
NEW DEFINITION FOR "REHABILITATION FACILITY" AND BY
AMENDING THE DEFINITION OF KRESIDENTIAL USE"; AT
ARTICLE VI. SCHEDULE OF DISTRICT REGULATI�NS. SEC. 78-180
MU A��D USE DISTRICT. BY ADDING "REHABILITATION
FACILITIES" AS A SPECIAL EXCEPTION USE, BY CREATING
CONDITIONS TO BE MET BY ALL REHABILITATION FACILTI'IES
AND BY LIMITiNG THE DENSITY FOR 5UCH SPECIAL EXCEPTION
USE TO 10 iJNITS PER ACRE; AND AT ARTICLE X. OFF-STREET AND
ON-STREET PAKI�NG AND LOADING REGULATIONS. BY ADDING
"REHABILTTATION FACILITIES" AS A CATEGORY AND
REQUIRING REHABILITATI4N FACII.ITIES TO PROVIDE ONE OFF
STREET PARKING SPACE PER PATIENT BED; PROVIDING THAT
EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER �8. 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 OTAER 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 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 rehabilitadon
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 operaxe 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
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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
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
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Section 1: Chapter 78. Loning. of the Cade of Ordinances of the Village of Tequesta
is hereby amended at Articie 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 detinition of "Residential use"; providing that these
definitions shall hereafter read as follows:
Section 78-4. Definitions
Rehal�il facilih� means a nrivate State of Florida licen�ed facilitv thar rirnvirlPc
rehabilitation care for natients who aze eight�n vP �$�,��r o1dPr The nrimarv numose of a
rehabilitation facilitv is to nrovide treatment for drug and alcohol addiction and eatin� disorders�
however, the rehabilitation facilitv must be a dual dia�nostic facilitv staffed and eauiDVed to
provide treatment for o-occurrin� disorders Rehabilitation facilitie must brovide a structure
resi ential livin� environment which includes the followin� features• 24 hour on site securitti��
24-hour uatient sunervision bv licensed nursin� sta and aualitv of life cervices such a s
swimmin� nools. �arden areas. snort-courts exterior natios or SittinQ areas c�mm»n;rv l;v;n¢
areas. meditation areas. fitness rooms. libraries r ecreation rooms televisions on-site foo
pren aration and teleDhone and internet service Rehabilitation facilities must orovide short te
care treatment and extended care treatment and mav also orovide follow un treatme
Rehabilitation facilities shall not offer anv services for individ�als with a history of violent
behavior or threats to t he nublic health safetv and welfare or the health safetv and welfare of
other �atients. The followin� definitions annlv to the definition of rehabilitation facilitv•
1. Reh abilitation care means d ia �n �sis and treatment f�r_dru�_and alcoh�_l_addicti�n
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disorders, �a_Ting di5orders an�l.I,1�Y�,i�a1, ��7ental c�r tmc>ti��nal _i��u�5_that ar� d�rectt�
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attr����ure�i tc� i�,<��,� c!��,c>rcler�. It��iabilitat.ion care do� nat include e�ner�enev ar �
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�n �c x' 'c i whicl i ' i l � si r a ro ibit Sh
c abi 't tion fa ilit a i t e ' e r e d' d i i ti n 's
com.pleted at an aff �� •L� itv �rior to be�,nnin� rehabilitation care
2. I'j- ivutE� mean5 _ ��_atc l�_o��ned__ and funded w�th nc� u ot st ate or #ed�ral_ (includin� �
Medic or Medicaidl t op trati on of_ the ta cilit� the tre atment of �
patients. resear�h work that would reauire the accent��ce �d treatment of
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federallv or state fiin_ded nat;P•�t�_ private a1 o mea�ns that the rehabilitat��n facilitv
shall not accent t ird nartv billin� for natient care•
�. Short�erm care means a prc��ram desi�ned for a minimum residential stav of 30
calendar davs.
4. E�tended care treatment means an additional 30 to 60 calendar dav stav in residential
treatrnent after comnletine the initial short-term care residential treatment nro�ram
5. Follow-un treatment mean� a nro�ram desi�ned for an additional one week stav in
residential treatment subseauent to the nrevious comnletion of the short-term care or
extended care treatment nrogram and must occur at the same facilitv where short-
term care or extended care treatment was received Follow-u� treatment is for those
patients who need additional structured follow-u� treatment that does not re�uire the
clinical intensitv of the short term or extended care treatment nro�ram Follow-un
treatment shall not account for mare than ten nercent (1 of the Rehabilitat
Facilitv's natient clientel Follow-un care can also be in the form of electronic
corresvondence or tele-conferencin� and in such cases has no limit or reStrictions
r�ardin�. th_e_duration of the care the location of the treatment or the number of �I
�artici�,�at�7�� ���iti�kzts. -- -- -- —
6. mer e r�ecticaj cl�toxificativn me�ns the_�lii��ti�n of taxins st�c�as alcohol
or c tr e su � r m � f inciivi , v�lia c t d/ r
n�a� t��v_ serious h ealth risks as a result of their sub t ce abu,�e Ni�dic�r
�mer�encv det�xific ion is nerformed under the duec su ervision of dieal
octors and medical su��ort stat� �nd rrLdv include the admi o niedic atiar�
�txs�ui:l'�rs � at�er ta ea�Ge ihe wiL}►draw�i nrocess. --- -___� ___
Residentiul use means use of land or structures thereon, or a portion thereof, as a dwelling place
for one or more families or households, includin� residentia] rehabilitation facilities in the MU
�nixed-use district. but not otherwise including occupancy of a transient nature such as hotels,
motels, or timesharing rentals.
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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 "rehabilitatian facilities" as a special exception use, by creating conditions to
be met by a11 rehabilitation facilities, and by limiting the density for such special exception use to
10 units per acre; providing that Sec. 7&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 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 appiy to planned mixed-use development within the mixed-use district:
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(1) Location. [This paragraph shall remain in fizll force and effect as previously
enacted.]
(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 f llowin� excentions• °y^°^���
ACLFs� shall be computed on the basis of 24 dwelling units per gross acre} and
rehabil.itation facilities shall be comnuted on the basis of 10 dwellinQ unit ner �ross
acre —
(5) Building height. [This paragraph shall remain in full force and effect as previously
enacted. ]
(e) Site plan review. [This paragraph shall remain in f'ull force and effect as previously enacted.]
(� L'rhan design principles. [This paragraph shall remain in full farce 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 followin� conditions•
�. Rehabilitation facilitie shall be nrohibited from bein� located within a
Qne half mile radius of another rehabilitation facilitv
b. Ninetv nercent of t_he_ dwellin� ',� units shall have a
minim of 5'75 _s auare fe �t. The r ema�nin�ten_�e rce nt of th dwellin� �i��
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u.nits ina�l� 11a�e_a in�►�imum �t �C)_� sc�uare_fc.c:t, I
A m imum of fo e 4°/ of i
permitted tt� h ve two (21 bedro In no case S�al] a dwelline unit have more
t an twa (21 bedrooms Two (21 bedraa� dwell�n� ututs �1t h v� a minim �.r►
of 750 square feet
d. C)ccu�ant load For individuals rec�iv_in�treatment shall not exceed the
number of bedrooms Be room and studio dwel in� uiits shall be for sin
o c an onl .__Oy__erall densi for__a_rehabilitation f�cilitv shall not exceed ten
�10 dwellin� utlit��er��c�s5 ac.rt.
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e. Dwellin� units shall be co�fi�ured as follows:
1 Studio units if nrovide�i shali ave a on� !1) ca�,2bi�ts'c►n bedrnnm/tivin� I
area/ kitchen and a nrivate bat�i oom
2._ One-hedroom units if �rovided shall have one (I) nrivate 6edm�rnn ane
(11 nrivate bathroom nrivate livin� areas anci a nrivate kitcken
3 Two-bedroom units if nrovided shall have two (2) nrivate bedrogm�
21 nrivate bathroo s cc� mon livin� areas �nd a common kitchen
f. Reh abilitation #a� _m ._h _�� it(i_ a controlled__ s ace
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effectivelv screened iic�►n_��ulilic_�ie�t,�_for arrivals and denartures of natients
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This snace shall be la r�e enou�h to accommodate an ambulance for transnortin�
vatients in and out of the facilitv.
�T The rehabilitation facilitv shall include a backun eenerator svstem. __The
sV�te:" �hall hP ci�eri fnr the huilrlinu ncci�»ancv lnad and have a fuel Sou1'Ce
sufficient to onerate the facilitv for a minimum of seven davs.
h The rehabilitation facilitv shall bv senarate agreement �uarantee aavment
to the nrimar fire rescu nrovider for �atient ambulance transport service
i In coniunction wit�h the annlication for soecial excention use. the
rehabilitation facilitv shall submit a securitv plan that includes natient off-site
visits The securitv nlan shall be annro bv the Villaee Council with innut from
the Chief of Police.
i The rehabi�itation facilitv shall sub 't auarterlv renorts to the Villaee's
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Communitv Develonment Director that establish �nd document comnliance wit
al rehabilitation facil�tv fundin� and occunancv reauir�raents and restriction�
1� In coniunction w ith the annlication for snecial exceotion use the Village
mav a� discr etion secure an imnact analvsis studv nerformed b_Y .ar�
inde�endent en d t he nro�osed rehabilit tion facilitv's nroiected
communitv wide im nac s T'his studv if Drenared sha 1 snecificallv address the
r�habilitation facilitv's notential ecQnamic imnact to the Villa�e the creation and
c�ntinuation of iobs the notential i mnact on law enforcement and criminal
a tivit an the �o tential imnact on the Villa�e'S emer�encv medical resources.
In.� addition the studv should a �dress the nronosed rehabilitation facilitv's imnact
the aualitv o�life for nei�h nronerties an d the Vill�,� as a whole
I In coniunctio with the aanlication for a business taac receint and th�
annual renewal thereof a rehabi itation facilitv shall submit to the Villa�e in the
form of a sworn affidavit bv the reh abilitation facilitv's leeal renresentative whQ
i authorized to dp so written d oc�entation ��t the rehabilitation facilitv is in
c omnliance wi all reauire of this section as well as the definition
� eguirements of Sec 78 4 Should the rehabilitation facilitv's business t�zc receint
b issued based unon a false affidavit the Village mav seek to imnose all
p enalties allowed bv law vurs uant to Chaoter 70 Article II of the Vi11a��Code o
Ordinances
r.p Should t�ie rehabi�itation faeilitv at anv time violate anv o�
reouirements of this section or anv of the definirional reauir�ments of Sec 78-4.
�e Villa�e ma v obtain relief ou�h e code enforcement snecial rrxaeistrate
�rocess oursuant to Chanter 2 Article IV of the Villa�e Code of Ordinances For
�urpo es of the code enforcement snecial maQistrate vrocess each dav that the
rehabilitation facilitv is found to be in violatio shall be con id�red a senarate
o ffense In a�ldition to the code e�fQr�ement snecia ma�istrate nrocess the
Villa�e mav seek anv and a11 relief avai lable to it bv law or in eauitv. includ�n�.
but not lin:uted to iniunctiv� reli� recoverv of monev dama��, 9r_both.
(j ) Accessory uses. [This paragraph shal l remain in full force and effect as previously enacted.�
(k) Planned mixed-use devedopment required. (This paragraph shall remain in full force and
effect as previously enacted.]
(1) Prohibited uses•. [This paragraph shall remain in full force and effect as previously enacted.J
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(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 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 space per patient bed; providing
that Sec. 78-705 shall hereafter read as follows:
Sec. 78-705. Required number of parking spaces.
( l)-(32) [These paragraphs shall remain in full force and effect as previously enacted.]
133) Rehubil�tation facilities One snace �er natient bed.
Section 4: Each and every other section and subsection of Chapter 7$. Zoning. shall
remain in full force and ef�ect as previously enacted.
Section 5: All Ozdinances 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.
Section S : This Ordinance shall become effective immediately upon passage.
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