HomeMy WebLinkAboutDocumentation_Regular_Tab 03_03/10/2011 �.
Amended Ordinance
;� VILLAGE OF TEQUEST� as a result of February
�=��`�'`��-; AGENDA ITEM TRANSMITTAL
F�,�� : Meetings
1. VILLAGE COUNCIL MEETING:
Meeting Date: Meeting Type: Regular Ordinance #: 1-11
January 13, 2011
Consent Agenda: No Reso{ution #: N!A
�riginating Department: Community Development
2. AGENDA lTEM 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 Availabte: 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 all.ow
rehabilitation facilities as a special exception use in mixed use
district and a text amendment application from GMH Tequesta
Holdings, L,LC.
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5. APPROVALS: �
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: �, �, ��.
Dept. Head' , • ( '. '� � � Finance Director:[�.,� Approved
` ` � I�Vo Financial Impact
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AttornQy: (for legal sufficiency) Yes � No �
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Village Manager: ,..-�--��"'�-"" �`
• SUBMIT FOR COUNCIL DfSCUSSION: ,�� I
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• APPROVEITEM: ❑
• DENY ITEM: �
Form amended 08/26/08
McWilliams, Lori
From: Keith W. Davis [keith@corbettandwhite.com]
Sent: Tuesday, March 01, 2011 5:18 PM
To: Couzzo, Michael; Weinand, James; Nilsa Zacarias
Gc: Telfrin, Debra; McWilliams, Lori
Subject: REVISED Ordinance 1-11
Attachments: 1-11 ZCTA ordinance for Rehabilitation Facility.docx
Please see the attached with new language on page 5, in blue highlighting, that provides for up to a 10' fence/wall and
appropriate landscaping.
Keith W. Davis, Esquire
�r�`������ .��
1111 Hypoluxo Road, Suite 207
Lantana, Florida 33462
Tel: (561) 586-7116
Fax: (561) 586-9611
Email: �:t�°i���� ����°��i°�ettanslwiiite.com
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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 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 8 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 REHABtLITATION
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 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
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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�. 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 facilitv means a qrivate State of Florida licensed facilitv that arovides
rehabilitation care for patients wha are eiahteen vears of aae or older The arimarv
purpose of a rehabilitation facilitv is to qrovide treatment for drua and alcohol addiction
and eatina disorders: however, the rehabilitation facilitv must be a dual diaanostic
facilitv staffed and eauip�ed to provide treatment for co-occurrina disorders.
R a ilit t� n f �f' ' ma als rovid r r 11
raN iif f enh n m f he�r r s' n s. R ha ilitation facilities ust r vide a
structured residential livinq environment which includes the followina features: 24-hour
on-site securitv: 24-hour aatient suaervision bv licensed nursina staff: and aualitv of life
services such as swimmina qools. aarden areas, sport-courts, exterior qatios or sittina
areas, communi livina areas, meditation areas, fitness rooms, libraries, recreation
rooms. televisions. on-site food preparation. and telephone and internet service.
Rehabilitation facili must provide shor�-term care treatment and extended care
treatment, and mav also provide follow-uo treatment Rehabilitation facilities shall not
offer anv services for individuals with a historv of violent behavior or threats to the public
health. safetv and welfare or the health. safetv and welfare of other patients. The
followina definitions apqlv to the definition of rehabilitation facilitv:
1. Rehabilitation care means diaanosis and treatment for drua and alcohol
addiction disorders. eatinq disorders and ahvsical, behavioral. mental or
emotional issues that are directiv attributed to those disorders. Rehabilitation
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care does not include emeraencv or medical detoxification, which is
�ecificallv considered a arohibited use. Should a rehabilitation facilitv patient
reauire emerqencv or medical detoxification this must be completed at an off-
ite facilitv prior to beainninp rehabilitation care.
2. Private means arivatelv owned and funded with no use of state or federal
includina Medicare or Medicaid) funds for the oqeration of the facilitv. the
treatment of patients. or research work that would reauire the acceptance and
reatment of federallv or state funded aatients. Private also means that the
r habilitation facilitv shall not accept third aartv billina for aatient care.
3. Short-term care means a proaram desianed for a minimum residential s tav of
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30 calendar davs.
4. xtended care treatment means an additional 30 to 60 calendar dav stav in
residential treatment after comqletinq the initial short-term care residential
treatment proaram.
5. Follow-up treatment means a proqram desianed for an additional one week
stav in residential treatment. subseauent to the arevious completion of the
short-term care or extended care treatment aroaram, 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-ua treatment that does not reauire the clinical intensitv of the short term
or extended care treatment proaram. Follow-up treatment shall not account
for more than ten aercent (10%) of the Rehabilitation Facilitv's patient
clientele Follow-up care can also be in the form of electronic
corresqondence or tele-conferencina. and in such cases has no limit or
restrictions reaardina the duration of the care, the location of the treatment or
the number of participatinq patients.
6. Emeroencv or medical detoxification means the elimination of toxins such as
alcohol or controlled substances from the bodv of individuals who require
acute care and/or mav have serious health risks as a result of their substance
abuse. Medical or emeraencv detoxification is performed under the direct
supervision of inedica! doctors and medica! support staff. and mav include the
administration of inedication or tranquilizers in order to ease the withdrawal
ro�
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
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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 followinq exceptions: e�eq�ie�-�# ACLFs shall be computed on
the basis of 24 dwelling units per gross acre and rehabilitation facilities shall be
comauted on the basis of 8 dwellinq units qer aross 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.]
(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.]
16) Rehabilitation facilities. subiect to the followina conditions:
a. Rehabilitation facilities shall be prohibited from beina located within
� one half mile radius of another rehabilitation facilitv.
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b. Ninetv qercent of the dwellina units shall have a
minimum of 575 sauare feet. The remainina ten percent of the dwellinc�
J+v-F� units mav �k►a�l have a minimum of 500 sauare feet.
c. A maximum of fortv percent (40%) of the dwellina units shall be
permitted to have two (2) bedrooms. In no case shall a dwellina un, it have
more than two (2) bedrooms. Two (2) bedroom dwellina units shall have a
minimum of 750 sauare feet.
d. Occuaant load for individuals receivina treatment shall not exceed
the number of bedrooms. Bedrooms and studio dwellina units sh�ll be for
sinale occupancv onlv. Overall densitv for a rehabilitation facilitv shall not
exceed eiaht (8} dwellina units per aross acre.
e. Dwelfina units shall be confiaured as follows:
1. Studio units. if arovided, shall have a one (1l com bination
bedroom/livinq areal kitchen, and a qrivate bathroom.
2. One-bedroom units if provided. shall ha o ne (1) qrivate
edroom, one (1) private bathroom private livin� areas and a
�rivate kitchen.
3 Two-bedroom units, if provided shall have two (2) arivate
edrooms. two (2) qrivate bathrooms. common livina �reas and a
common kitchen.
f Dwellina units shall not have senarate individuat mailina addresses
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ather. the rehabiiitation facilitv shall main in one mast r addr s whi�h
all residents shall reside under durina their stav at the rehabilitation facilitv.
a. Rehabilitation facilities must be eauipped with a controlled space.
effectivelv screened from public view, for arrivals and deqartures of
patients. This space shall be larae enouah to accommodate an
ambulance for transportina patients in and out of the facilitv.
h. Rehabilitation facilities shall be surrounded on al! sides bv a fence
QC wall located as close to the propertv {ine as is pr actical The fence ar
wail shall be a minimum of six (6) feet in heiaht but mav be as hiq� as ten
(10___) feet measured from finished arade in order to ensure qrivacv far
,lZoth rehabilitation facilitv �atients and for ViUa4� residents The fence or
wall shall be constructed in such a manner as to comqliment ar�d
a ccentuate..�he arincipal structures of the re habiiitation fac Bo�h the
interior and exterior sides of the fence or wall shall be IandscaaEd in
accordance with the arinciqles set forth at Sec 22-84 of the Villaae Code
c� Ordinances If a fence w�ll or hedae +s toc ted o a corner lot r a
�ouble frontaae lat a vehicular and nedestrian visibi�itv t�,rianale of a size
and dimension which complies with current traffic enaineerina standards
of the American Association af State Hiahwav and Transqortation Officials
(AASHTO) and the countv shall be provided in both directions from #he
intersection ooint of the propertv lines.
i. The rehabilitation facilitv shall include a backup aenerator svstem.
The svstem shall be sized for the buildina occupancv load and have a fuel
source sufficient to oaerate the facilitv for a minimum of seven davs.
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i. The rehabilitation facilitv shall bv separate aareement auarantee
pavment to the primarv fire rescue arovider for patient ambulance
trans�ort service.
k. In coniunction with the aaplication for saecial exceation use. the
rehabilitation facilitv shall submit a securitv qlan that includes qatient off-
site visits. The securitv plan shall be approved bv the Villaae Council with
input from the Chief of Police.
I. The rehabilitation facilitv shall submit auarterlv reports to the
Villaae's Communitv Develoament Director that establish and document
ompliance with all rehabilitation facilitv fundina and occupancv
requirements and restrictions.
m. In coniunction with the aaplication for special exception use. the
Villaae mav. at its discretion, secure an imaact analvsis studv. aerFormed
v an independent entitv. detailina the qroposed rehabilitation facilitv's
proiected communitv wide imqacts. This studv. if qrepared. shall
�pecificallv address the rehabilitation facilitv's potential economic imqact
to the VillaQe. the creation and continuation of iobs. the qotential impact
on law enforcement and criminal �ctivitv. and the potential imaact on the
Villaae's emeraencv medical resources. In addition, the studv should
address the aroposed rehabilitation facilitv's imaact on the aualitv of life for
neiahborina qroaerties and the Villaae as a whole.
n. In coniunction with the application for a business tax receipt and the
annual renewal thereof, a rehabilitation facilitv shall submit to the Villaae.
in the form of a sworn affidavit bv the rehabilitation facilitv's teaal
representative who is authorized to do so� writt�n documentation that the
rehabilitation facilitv is in comaliance with all reouirements of this_sectio _
as well as the definitional reauirements of Sec. �8-4. Should the
rehabilitation facilitv's business tax receipt be issued based upon a false
affidavit. the Villa e mav seek to imaose all qenalties allowed bv law
�ursuant to Chaqter 70. Article II of the Villaae Code of Ordinances.
Q. Should the rehabilitation facilitv at anv time violate anv of the
reauirements of this section or anv of the definitional reauirements of Sec.
78-4. the Villaae mav obtain relief throuqh the co e enforcement special
maaistrate process aursuant to Chapter 2. Article IV of the Villaae Code of
Ordinances. For qurqoses of the code enforcement special maaistrate
process. each dav that the rehabilitation facilitv is found to be in violation
shall be considered a separate offense. In addition to the code
enforcement saecial maaistrate qrocess. the Villaqe mav seek anv and all
relief available to it bv law or in eauitv. includina. but nc�t limited to
iniunctive relief. recoverv of monev damaaes, 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.]
(I) Prohibited uses. [This paragraph shall remain in full force and effect as previously
enacted.]
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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.
(1) -(32) [These paragraphs shall remain in full force and effect as previously enacted.]
33) Rehabilitation facilities: One saace per 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.
Section 8: This Ordinance shall become effective immediately upon passage.
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