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Home My WebLink AboutDocumentation_Regular_Tab 07_02/10/2011 .�� ;��`� � VILLAGE OF TEQUESTA � �� r �$� AGENDA ITEM TRANSMITTAL FORM 1. VILLAGE COUNCIL MEETING: Meeting Date: Meeting Type: Regular Ordinance #: 3-11 February 10, 2011 Consent Agenda: No Resolution #: Originating Department: Community Development 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Ordinance No. 3-11: Amending the Village Code of Ordinances at Chapter 78, Zoning, at Article VI. Schedule of District Regulations. Sec. 78-177. C-2 Community Commercial District. and Sec. 78-180. MU Mixed Use District, by amending the regulations for ACLF uses in both of these zoning districts by requiring ACLF uses to be equipped with emergency generator systems and by requiring ACLF uses to guarantee payment for patient ambulance transport services. , � 3. BUDGET / FINANCIAL IMPACT: Account #: N/A Amount of this item: N/A Current Budgeted Amount Available: Amount Remaining after item: N/A 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) Ordinance 3-11 amends Chapter 78, Zoning by requiring ACLF uses in the C-2 Community Commercial and MU Mixed Use Districted to be equipped with emergency generator systems and by requiring ACLF uses to guarantee payment for patient ambulance transport services. 5. APPROVALS: Dept. Head '' "" ' i'� ;�� Finance Director: ❑ Reviewed for Financial � � � , - Sufficiency � � ��No Financial Impact Attorney: (for legal sufficiency) Yes ❑ No ❑ Village Manager: �--�-�-"--� �-- — ' • SUBMIT FOR COUNCIL DISCUSSION: [/� • APPROVE ITEM: ❑ • DENY ITEM: � MemoYandum To: Mayor, Vice Mayor and Village Council Michael Couzzo, Village Manager -�/ .i' From: James M. Weinand, Dir. of Community Dev.fFire Chief > iV Date: February 2, 2011 Subject: ACLF Uses to be Equipped With Emergency Generator ' Systems and to Guarantee Payment for Patient Ambulance Transport Services Attached is Ordinance 3-11, which revises the zoning code regulations for ACLF uses by requiring ACLF uses to guarantee payment for patient ambulance transport services. This Ordinance also amends the regulations for ACLF uses in the C-2 Community Commercial District at Sec. 78-177. by requiring ACLF uses to be equipped with emergency generator systems, and amends the regulations in the MU Mixed Use District at Sec. 78- 180. by requiring ACLF uses to be "subject to the provisions of Sec. 78-177(d)(4). m:�administration documenis�vi{lage manager�agenda item acif 2.IO.Il.doc ORDINANCE NO. 3-11 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. AT ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS. SEC. 78-177. C-2 COMMUNITY COMMERCIAL DISTRICT. AND SEC. 78-180. MU MIXED USE DISTRICT, BY AMENDING THE REGULATIONS FOR ACLF USES IN BOTH OF THESE ZONING DISTRICTS BY REQUIRING ACLF USES TO BE EQUIPPED WITH EMERGENCY GENERATOR SYSTEMS AND BY REQUIRING ACLF USES TO GUARANTEE PAYMENT FOR PATIENT AMBULANCE TRANSPORT SERVICES; 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 Council of the Village of Tequesta desires to revise its code regulations for ACLF use by requiring ACLF uses to guarantee payment for patient ambulance transport services, and to be equipped with emergency generator systems; and WHEREAS, the Village Council believes these revisions to its zoning code 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: ' 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. Sec. 78-177. C-2 community commercial district. by amending the regulations for ACLF uses by requiring ACLF uses to be equipped with emergency generator systems and by requiring ACLF uses to guarantee payment for patient ambulance transport services; providing that Sec. 78-177 shall hereafter read as follows: Sec. 78-177. C-2 community commercial district. (a) Purpose. [This paragraph shall remain in full force and effect as previously enacted.] (b) Permitted uses. [This paragraph shall remain in full force and effect as previously enacted.] (c) Accessory uses. [This paragraph shall remain in full force and effect as previously , enacted.] I 1 (d) Special exception uses. Special exception uses in the C-2 district are as follows: (1) [This paragraph shall remain in full force and effect as previously enacted.] (2) [This paragraph shall remain in full force and effect as previously enacted.] (3) [This paragraph shall remain in full force and effect as previously enacted.] (4) Adult congregate living facility (ACLF) (subject to the provisions of article VIII of this chapter), provided: [Paragraphs a. through k. shall remain in full force and effect as previously enacted.] l. The Adult Con�re�ate Livin� Facilitv shall bv senarate agreement �uarantee navment t� the nrimarv fire rescue nrovider for natient ambulance transnort service m. All facilities shall be eauinned with an emer�encv backun eenerator svstem. The svstem shall be of sufficient size and nower for the facilitv's maximum occunancv load and shall have a fuel source sufficient to onerate the facilitv for a minimum of seven (71 davs. [Paragraphs (5) through (19) shall remain in full force and effect as previously enacted.] (e) [This paragraph shall remain in full force and effect as previously enacted.] (� [This paragraph shall remain in full force and effect as previously enacted.] 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 amending the regulations for ACLF uses by requiring ACLF uses to be equipped with emergency generator systems and by requiring ACLF uses to guarantee payment for patient ambulance transport services; providing that Sec. 78-177 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. [This paragraph shall remain in full force and effect as previously enacted.] (e) Site plan review. [This paragraph shall remain in full force and effect as previously enacted.] (� Urban design principles. [This paragraph shall remain in full force and effect as previously enacted.] (g) Urban design objectives. [This paragraph sha11 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: [Paragraphs (1) through (7) shall remain in full force and effect as previously enacted.] (8) Adult Congregate Living Facility (ACLF) subiect to the nrovisions of Sec. 78-177(dl(41. � [Paragraphs (9) through (16) shall remain in full force and effect as previously enacted.] '' (j) Accessory uses. [This paragraph shall remain in full force and effect as previously enacted.] (k) Planned mixed-use development 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.] i 2 (m) Property development standards. [This paragraph shall remain in full force and effect as previously enacted.] 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. 3