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Home My WebLink AboutDocumentation_Regular_Tab 05_03/10/2011 � VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM � �!. YILLAGE COUNCIL MEETING: Meeting Date: Meeting Type: Regula� Ordinance #: 3-11 March 10, 2011 Consent Agenda: No Resolution #: Originating Department: Community Development 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Second Reading 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 service 5. APPROVALS: Dept. Head: Finance Director: ❑ Reviewed for Financiaf �,-,� Sufficiency � No.-Financiallmpact d j� .:..�-..��' Attorney: (for legal sufficiency) �.� Yes ❑ No ❑ Village Manager: • SUBMIT FOR COUNCIL DISCUSSION: (� • APPROVE ITEM: ❑ • DENY ITEM: ❑ ORDINAI�TCE NO. 3-11 AN ORDINANCE �F THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZOI�TING. AT ARTICLE VI. SCAEDULE 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 ZOI�TING DISTRICTS BY REQUIRING ACLF USES TO BE EQUIPPED WITH EMERGENCY GENERATOR SYSTEMS AND BY REQUIRING ACLF USE5 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, THEREF4RE, BE IT 4RDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section l: Chapter 7$. 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 sha11 hereafter read as follows: See. 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 fu11 force and effe�ct as previously enacted.] (c) Accessory uses. [This paragaph sha11 remain in full force and effect as previously enacted.] 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 ena.cted.] (2) [This paragraph shall remain in full force and effect as previously enacted.] (3) [This paragraph sha11 remain in full force and effect as previously enacted.] (4) Adult congregate living facility (ACLF) (subject to the provisians of articie VIII of this chapter), provided: [Paragraphs a. through k. sha11 remain in full force and effect as previously enacted.] , The Adult Con�re�ate Livin� Facilitv shall by separate a�rreement��uarantee nayment to.the b�imarv fire rescue nrovider for natient ambulance transuort service n1. All facilities sha11 be eauinued with an emer�enc� backuD �enerator svstem. The svstem of sufficient size and no er 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) sha11 remain in full force and effect as previously enacted.] (e) [T'his paragraph shall remain in full force and effect as previously enacted.] ( fl [This paragraph sha11 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. MLT 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 sha11 herea,fter read as follows: Sec. 78-180. MiT mized-use distric�t. (a) Purpvse. [This paragraph sha11 remain in full force and effect as previously enacted.] (b) Applicabilfty of development regulations to mixed-use devedopment. [This paragraph shall remain in full force and effect as previously enacted.] (c) Conflicts with other regulations. [This patagraph shall remain in full force and effect as previously enacted.] (d) General requirements and special regulations. [This paragraph sha11 remain in full force and effect as previously enacted.] (e) Site pdan review. [This paragraph shall remain in full force and effect as previously ena.cted.j (� 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 dish�ict 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(d1141. [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 develnpment required. ['This paragraph shall remain in full force and effect as previously enacted.) (1) Prohibited uses. [This pazagraph sha.il remain in full force and effect as previously enacted.] 2 (m) Properry 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. sha11 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 tlus Ordinance. Section 6: Specific authority is hereby granted to codify this Ordinance. Secrion 7: This Ordinance shall become effective immediately upon passage. 3