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HomeMy WebLinkAboutDocumentation_Workshop_Tab 01_02/22/2011 McWilliams, Lori From: Keith W. Davis [keith @corbettandwhite.com] Sent: Thursday, February 17, 2011 9:16 AM To: Couzzo, Michael; Weinand, James Cc: Telfrin, Debra; McWilliams, Lori; Nilsa Zacarias Subject: Ordinance 1 -11 Attachments: 1 -11 ZCTA ordinance for Rehabilitation Facility.docx Please see latest text revisions, highlighted in light blue, on Page 2 and 5. Also note that 1 changed the former red highlighted language to green since the applicant, by their February 4, 2011 letter, has accepted this language. So, by way of a guide, all highlighted language is changed since First Reading. Yellow changes were made prior to the January 25, 2011 Special Meeting. The green changes were made as a result of the January 25 Special Meeting and the blue changes are the most recent and new changes which have yet to be discussed by Council. Keith W. Davis, Esquire 9 Wand —9- 1111 Hypoluxo Road, Suite 207 Lantana, Florida 33462 Tel: (561) 586 -7116 Fax: (561) 586-9611 Email: keith(&corbettandwhite.com Incoming a -mails are filtered which may delay receipt. This e-mail is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this e-mail is prohibited. Please notify us immediately by e-mail and delete the original message. * ** eUafe scanned. this email for malicious content ** * ** IMPORTANT: Do not open attachments from unrecognized senders * ** 1 DRAFT 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. ATARTICLE I. 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 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 haspreviously 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 1 DRAFT 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 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: Section 78-4. Definitions Rehabilitation facility means a private State of Florida licensed facility that provides rehabilitation care for patients who are eighteen years of age or older. 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 for co-occurring disorders. Rehabilitation facilities may also provide programs that promote health, wellness and overall lifestyle enhancements for their residents. 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, exterior patios or sitting areas, community living areas, meditation areas, fitness rooms, libraries, recreation rooms, televisions, on-site food preparation, and telephone and internet service. Rehabilitation facilities must provide 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: Rehabilitation care means diagnosis and treatment for drug and alcohol 1. addiction disorders, eating disorders and physical, behavioral, mental or emotional issues that are directly attributed to those disorders. Rehabilitation 2 DRAFT care does not include emergency or medical detoxification, which is specifically considered a prohibited use. Should a rehabilitation facility patient require emergency or medical detoxification, this must be completed at an off- site facility prior to beginning rehabilitation care. Private means privately owned and funded with no use of state or federal 2. (including Medicare or Medicaid) funds for the operation of the facility, the treatment of patients, or research work that would require the acceptance and treatment of federally or state funded patients. Private also means that the rehabilitation facility shall not accept third party billing for patient care. Short-term care means a program designed for a minimum residential stay of 3. 30 calendar days. Extended care treatment means an additional 30 to 60 calendar day stay in 4. residential treatment after completing the initial short-term care residential treatment program. Follow-up treatment means a program designed for an additional one week 5. stay in residential treatment, subsequent to the previous completion of the short-term care or extended care treatment program, and must occur at the same facility where short-term care or extended care 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 Rehabilitation Facility’s patient clientele. Follow-up care can also be in the form of electronic correspondence or tele-conferencing, and in such cases has no limit or restrictions regarding the duration of the care, the location of the treatment or the number of participating patients. Emergency or medical detoxification means the elimination of toxins such as 6. alcohol or controlled substances from the body of individuals who require acute care and/or may have serious health risks as a result of their substance abuse. Medical or emergency detoxification is performed under the direct supervision of medical doctors and medical support staff, and may include the administration of medication or tranquilizers in order to ease the withdrawal process. 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 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 3 DRAFT 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 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.] (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 following exceptions: exception of ACLFs, which shall be computed on the basis of 24 dwelling units per gross acre; and rehabilitation facilities shall be computed on the basis of 10 dwelling units per gross 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 full force and effect as previously enacted.] (f) 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.] (16) Rehabilitation facilities, subject to the following conditions: a. Rehabilitation facilities shall be prohibited from being located within a one half mile radius of another rehabilitation facility. 4 DRAFT b. Ninety percent of the dwelling residential living units shall have a minimum of 575 square feet. The remaining ten percent of the dwelling living units may shall have a minimum of 500 square feet. c. A maximum of forty percent (40%) of the dwelling units shall be permitted to have two (2) bedrooms. In no case shall a dwelling unit have more than two (2) bedrooms. Two (2) bedroom dwelling units shall have a minimum of 750 square feet. d. Occupant load for individuals receiving treatment shall not exceed the number of bedrooms. Bedrooms and studio dwelling units shall be for single occupancy only. Overall density for a rehabilitation facility shall not exceed ten (10) dwelling units per gross acre. e. Dwelling units shall be configured as follows: 1. Studio units, if provided, shall have a one (1) combination bedroom/living area/ kitchen, and a private bathroom. 2. One-bedroom units, if provided, shall have one (1) private bedroom, one (1) private bathroom, private living areas and a private kitchen. 3. Two-bedroom units, if provided, shall have two (2) private bedrooms, two (2) private bathrooms, common living areas and a common kitchen. f. Dwelling units shall not have separate individual mailing addresses. Rather, the rehabilitation facility shall maintain one master address which all residents shall reside under during their stay at the rehabilitation facility. g. 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 accommodate an ambulance for transporting patients in and out of the facility. h. 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. i. The rehabilitation facility shall by separate agreement guarantee payment to the primary fire rescue provider for patient ambulance transport service. j. In conjunction with the application for special exception use, the rehabilitation facility shall submit a security plan that includes patient off- site visits. The security plan shall be approved by the Village Council with input from the Chief of Police. k. The rehabilitation facility shall submit quarterly reports to the Village’s Community Development Director that establish and document compliance with all rehabilitation facility funding and occupancy requirements and restrictions. l. In conjunction with the application for special exception use, the Village may, at its discretion, secure an impact analysis study, performed by an independent entity, detailing the proposed rehabilitation facility’s projected community wide impacts. This study, if prepared, shall specifically address the rehabilitation facility’s potential economic impact 5 DRAFT to the Village, the creation and continuation of jobs, the potential impact on law enforcement and criminal activity, and the potential impact on the Village’s emergency medical resources. In addition, the study should address the proposed rehabilitation facility’s impact on the quality of life for neighboring properties and the Village as a whole. m. In conjunction with the application for a business tax receipt and the annual renewal thereof, a rehabilitation facility shall submit to the Village, in the form of a sworn affidavit by the rehabilitation facility’s legal representative who is authorized to do so, written documentation that the rehabilitation facility is in compliance with all requirements of this section as well as the definitional requirements of Sec. 78-4. Should the rehabilitation facility’s business tax receipt be issued based upon a false affidavit, the Village may seek to impose all penalties allowed by law, pursuant to Chapter 70, Article II of the Village Code of Ordinances. n. Should the rehabilitation facility at any time violate any of the requirements of this section or any of the definitional requirements of Sec. 78-4, the Village may obtain relief through the code enforcement special magistrate process pursuant to Chapter 2, Article IV of the Village Code of Ordinances. For purposes of the code enforcement special magistrate process, each day that the rehabilitation facility is found to be in violation shall be considered a separate offense. In addition to the code enforcement special magistrate process, the Village may seek any and all relief available to it by law or in equity, including, but not limited to injunctive relief, recovery of money damages, or both. (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.] (l) 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 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. (1) - (32) [These paragraphs shall remain in full force and effect as previously enacted.] (33) Rehabilitation facilities: One space per patient bed. 6 DRAFT 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. Section 8: This Ordinance shall become effective immediately upon passage. 7