HomeMy WebLinkAboutDocumentation_Regular_Tab 23_07/11/2013 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 22-13
7/11/13
Consent Agenda: No Resolution #:
Originating Department: Legal
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Ordinance 22-13, First G��_��1�����-�aAmendinc� �����, ����������� �r; «�d� ��U�1u���_��on,.;�� �,� � �'��. ���b�o�����,.
Article I. In General. Sec. 78-4. Definitions. By Amending the Definition for "Rehabilitation Facility" to
Provide for the Limited Provision of Outpatient Treatment, and the Limited Collection of Insurance
Payments for Patient Care; and by Amending Article VI. Schedule of District Regulations. Sec. 78-
180(i)(16) MU Mixed Use District. Special Exception Uses. Rehabilitation Facilities. To Require Both
Monthly Reports and an Annual Independent Audit be Provided to the Village Regarding Compliance
with Funding, Occupancy and Treatment Requirements; and at Article X. Off-street and On-street
Parking and Loading Regulations. By Increasing the Parking Requirements for Rehabilitation
Facilities that Provide Outpatient Treatment - Village Attorney Davis
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Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: Appropriate Fund Balance:
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Attorney: (for legal sufficiency)
Village Manager: �°
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Form Amended: 7/12/12
ORDINANCE NO. 22-13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING. ARTICLE I. IN GENERAL.
SEC. 78-4. DEFINITIONS. BY AMENDING THE DEFINITION FOR
��REHABILITATION FACILITY" TO PROVIDE FOR THE LIMITED
PROVISION OF OUTPATIENT TREATMENT, AND THE LIMITED
COLLECTION OF INSURANCE PAYMENTS FOR PATIENT CARE;
AND BY AMENDING ARTICLE VI. SCHEDULE OF DISTRICT
REGULATIONS. SEC. 78-180(i)(16) MU MIXED USE DISTRICT.
SPECIAL EXCEPTION USES. REHABILITATION FACILITIES. TO
REQUIRE BOTH MONTHLY REPORTS AND AN ANNUAL
INDEPENDENT AUDIT BE PROVIDED TO THE VILLAGE
REGARDING COMPLIANCE WITH FUNDING, OCCUPANCY AND
TREATMENT REQUIREMENTS; AND AT ARTICLE X. OFF-STREET
AND ON-STREET PARKING AND LOADING REGULATIONS. BY
INCREASING THE PARKING REQUIREMENTS FOR
REHABILITATION FACILITIES THAT PROVIDE OUTPATIENT
TREATMENT; 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 a11ow rehabilitation
facilities to provide limited outpatient treatment and to allow the limited collection of insurance
payments for patient care; and
WHEREAS, said application provides for both monthly reports and an annual
independent audit to be made to the Village regarding compliance with funding, occupancy and
treatment requirements, and also provides additional off-street parking requirements for
rehabilitation facilities that provide outpatient treatment; and
WHEREAS, the applicant has previously provided informational presentations at Village
Council meetings and workshops; and
WHEREAS, the applicant has met with Village staff in order to prepare its application in
a manner that will serve not only its own purposes, but also those of the Village; 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
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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 amending the definition for
"Rehabilitation facility" to provide for limited outpatient treatment and to provide for limited
insurance billing for patient care; providing that this definition 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 rehabilitation care bv means of short-term care treatment
and extended care treatment as needed and may also provide follow-up treatment and outnatient
treatment to current residential natients of the Rehabilita.tion facilitv. as well as a limited number
of non-residential natients who have at a minimum. successfullv comnleted short-term care
treatment at the Rehabilitation facilitv. 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. T'he following definitions apply to the definition
of rehabilitation facility:
l. Rehabilitation care means diagnosis and treatment for drug and alcohol addiction
disorders, eating disorders and physical, behavioral, mental or emotional issues that
are directly attributed to those disorders. Rehabilitation 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.
2. Private means privately owned and funded with no use of state or federal (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
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shall not accept third party �i�g navments or reimbursements from health
maintenance organizations or from nre-negotiated in-network insurance nlans for
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patient care. Partial navments from out-of-network insurance nlans mav be accented
bv the Rehabilitation facilitv for natient care so lon� as such �artial navments are not
a nre-negotiated reduced amount meant to constitute full navment for Rehabilitation
care•
3. Short-term care means a program designed for a minimum residential stay of 30
calendar days.
4. Extended care treatment means an additional 30 to 60 calendar day stay in residential
treatment after completing the initial short-term care residential treatment program.
5. Follow-up treatment means a program designed for an additional one week 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. At anv �iven
time. Follow-up treatment sha11 not account for more than ten percent (10%) of the
Rehabilitation facility's patient clientele. Follow-up treatment s�e 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.
6. Outvatient treatment means a re�imen of treatmen that mav include anv or all of the
followin� services: �roup counselin�. individual counselin�. relanse nrevention
counselin�, and educational lectures. Outuatient treatment mav be offered at the
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followin� levels: "Dav or Nisht with Communitv Housin�" which nrovides a
minimum of 25 hours of services ner natient ner week• "Dav or Nisht which
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nrovides 12-24 hours of services ner natient ner week. "Intensive Outuatient" which
nrovides 9-11 hours of services ner natient ner week; and "Outnatient" which
nrovides less than 9 hours of services ner natient ner week. At anv given time.
Outnatient treatment mav oniv be nrovided to a maximum number of non-residential
patients eauivalent to five nercent (5%1 of the Rehabilitation facilitv's current Short
term care. Extended care and residential Follow-un treatment clientele. Outnatient
treatment services can also be nrovided to the Rehabilitation facilitv's natients wh
are currentiv receivins Short-term care. Extended care or residential Follow-un
treatment. and in such cases the number of narticinatin� natients is onlv limited bv the
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Rehabilita.tion facilitv's residential occunancv limits as set forth at Sec. 78-180(il(161.
7. Emergency or medical detoxification means the elimination of toxins such as alcohol
or controlled substances from the body of individuals who require acute care andlor
may have serious health risks as a result of their substance abuse. Medical or
emergency detoxification is performed under the direct supervision of inedical
doctors and medical support staff, and may include the administration of inedication
or tranquilizers in order to ease the withdrawal process. Emer�encv or medical
etoxification is a nrohibited use in a Rehabilitation Facilitv.
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(i)(16). MU
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mixed use district. Rehabilita.tion facilities; by amending the requirements of this special
exception use to require that monthly reports and an a.nnual independent audit be provided to the
Village regarding funding requirements and the provision of both residential care and outpatient
treatment; providing that Sec. 78-180(i)(16) shall hereafter read as follows:
Sec. 78-180. MU miged-use district.
(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.
b. Ninety percent of the dwelling units shall have a minimum of 575 square
feet. The remaining ten percent of the dwelling units may have a minimum of
500 square feet.
c. A maximum of forty percent (40%) of the dwelling units shall be
permitted to ha.ve 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 eight
(8) dwelling units per gross acre.
e. Dwelling units shall be configured as follows:
1. Studio units, if provided, sha11 have a one (1) combination bedroom/living
area/ kitchen, and a private bathroom.
2. One-bedroom units, if provided, sha11 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. Rehabilita.tion 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. Rehabilitation facilities shall be surrounded on all sides by a fence or wall
located as close to the property lines as is practical. The fence or wall shall be a
minimum of six (6) feet in height but may be as high as ten (10) feet, measured
from finished grade, in order to ensure privacy for both rehabilitation facility
patients and for Village residents. The fence or wall shall be constructed in such a
manner as to compliment and accentuate the principal structures of the
rehabilitation facility. Both the interior and exterior sides of the fence or wall
shall be landscaped in accordance with the principles set forth at Sec. 22-84 of the
Village Code of Ordinances. If a fence, wall or hedge is located on a corner lot or
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a double frontage lot, a vehicular and pedestrian visibility triangle of a size and
dimension which complies with current traffic engineering standards of the
American Association of State Highway and Transportation Officials (AASHTO)
and the county shall be provided in both directions from the intersection point of
the property lines.
i. The rehabilitation faciliiy 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.
j. The rehabilitation facility shall by separate agreement guarantee payment
to the primary fire rescue provider for patient ambulance transport service.
k. 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.
1. The rehabilita.tion facility shall, throueh its legal counsel or cornorate
offi ers submit monthiv �� reports to the Village's Community
Development Director no later than the 15�' dav of the month. that esta.blish and
document the nrevious month's compliance with all rehabilitation facility funding
requirements � as well as occupancy and treatment requirements and
restrictions, with an emnhasis on the ratio of the number of natients receivins
autnatient treatment to the number of natients receiving short term and extended
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care services. Additionaliv. the rehabilitation facilitv shall nrovide the Villa�e
Mana�er with an annual indenendent au dit documentin� combliance with those
reauirements and restrictions durin� the nrevious calendar vear, no later than June
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30 of each vear.
m. 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 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.
n. In conjunction with the application for a business taa� receipt and the
annual renewal thereof, a rehabilita.tion facility sha11 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.
o. 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
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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.
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 amending the "rehabilita.tion facilities" category
to provide for additional parking for the provision of outpatient treatment; providing that Sec.
78-705(33) shall hereafter read as follows:
Sec. 78-705. Required number of parking spaces.
(33) Rehabilitation facilities: One space per patient bed. In addition, rehabilitation facilities
that nrovide outnatient treatment to non-residential natients sha11 nrovide an additional number of
arkin� snaces eauivalent to 5% of the narkin� snaces reauired to be nrovided based on natient
beds.
Section 4: Each and every other Section and Subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously adopted.
Section 5: All ordinances or parts of ordinances in conflict 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 take effect immediately upon passage.
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