HomeMy WebLinkAboutOrdinance_01-11_03/10/2011ORDINANCE 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 1. 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 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 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 1. 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
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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 tide. [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 fQllgWna Owepligoa; : e—ption Gf ACLFs, vAieh shall be computed on
the basis of 24 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.)
(0 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.]
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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.]
133) &babftWn- baMbfi, One spaQe car DaWnt 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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Upon Second Reading this 10t" day of March 2011, the foregoing Ordinance was
offered by Council Member Humpage who moved its adoption. The motion was
seconded by Vice -Mayor Arena and upon being put to a vote, the vote was as follows:
Mayor Tom Paterno
Vice -Mayor Vince Arena
Council Member Abby Brennan
Council Member Jim I-lumpage
Council Member Calvin Tumquest
For Adoption Against Adoption
X
X
X
X
X
The Mayor thereupon declared the Ordinance duly passed and adopted this 10th day of
March, 2011.
MAYOR OF TEQUESTA
ATTEST:
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Lori McWilliams, MMC
Village Clerk