HomeMy WebLinkAboutOrdinance_22-13_08/08/2013 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 L IN GENERAL.
SEC. 784. 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(1)(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 PARKNG 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 allow 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
1
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 L In General. Sec. 784. 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 intereet service.
Rehabilitation facilities must provide rehabilitation care by means of short-term care treatment
and extended care treatment as needed, and may also provide follow -up treatment and outpatient
treatment to current residential patients of the Rehabilitation facility, as well as a limited number
of non - residential patients who have, at a minimum, successfully completed short-term care
treatment at the Rehabilitation facility. 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:
1. 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
2
shall not accept third parry payments or reimbursements from health maintenance
organizations or from pre - negotiated in- network insurance plans for patient care.
Partial payments from out -of- network insurance plans may be accepted by the
Rehabilitation facility for patient care so long as such partial payments are not a pre -
negotiated reduced amount meant to constitute full payment 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 any given
time, Follow -up treatment shall not account for more than ten percent (10 %) of the
Rehabilitation facility's patient clientele. Follow -up treatment 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. Outpatient treatment means a regimen of treatment that may include any or all of the
following services: group counseling, individual counseling, relapse prevention
counseling, and educational lectures. Outpatient treatment may be offered at the
following levels: "Day or Night with Community Housing" which provides a
minimum of 25 hours of services per patient per week; "Day or Night" which
provides 12 -24 hours of services per patient per week, "Intensive Outpatient" which
provides 9 -11 hours of services per patient per week; and "Outpatient" which
provides less than 9 hours of services per patient per week. At any given time,
Outpatient treatment may only be provided to a maximum number of non - residential
patients equivalent to five percent (5 %) of the Rehabilitation facility's current Short
term care, Extended care and residential Follow -up treatment clientele. Outpatient
treatment services can also be provided to the Rehabilitation facility's patients who
are currently receiving Short-term care, Extended care or residential Follow -up
treatment, and in such cases the number of participating patients is only limited by the
Rehabilitation facility's residential occupancy limits as set forth at Sec. 78- 180(i)(16).
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 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. Emergency or medical
detoxification is a prohibited use in a Rehabilitation Facility.
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
3
mixed use district. Rehabilitation facilities; by amending the requirements of this special
exception use to require that monthly reports and an annual 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. MIT mixed -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 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 eight
(8) 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. 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
4
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 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.
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 rehabilitation facility shall, through its legal counsel or corporate
officers, submit monthly reports to the Village's Community Development
Director no later than the 15` day of the month, that establish and document the
previous month's compliance with all rehabilitation facility funding requirements
and as well as occupancy and treatment requirements and restrictions, with an
emphasis on the ratio of the number of patients receiving outpatient treatment to
the number of patients receiving short term and extended care services.
Additionally, the rehabilitation facility shall provide the Village Manager with an
annual independent audit documenting compliance with those requirements and
restrictions during the previous calendar year, no later than June 30 of each year.
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 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.
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
process pursuant to Chapter 2, Article N of the Village Code of Ordinances. For
5
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 "rehabilitation 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 provide outpatient treatment to non - residential patients shall provide an additional number of
parking spaces equivalent to 5% of the parking spaces required to be provided based on patient
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.
6
Upon Second Reading this 8 day of August 2013, the foregoing Ordinance was offered by
Council Member D'Ambra who moved its adoption. The motion was seconded by Council
Member Paterno and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Abby Brennan X
Vice -Mayor Vince Arena X
Council Member Steve Okun X
Council Member Tom Paterno X
Council Member Frank D'Ambra X
The Mayor thereupon declared the Ordinance duly passed and adopted this 8 day of August
2013.
- MAYOR OF TEQU
ig ' Brennan
ATTEST:
PGE'
O
Lori McWilliams, MMC = `1 . F Q c
Village Clerk =- yc09,o0'q� M .
eo
- '' -.,��� 19'5 t...••• • `,.,:
7
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 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
1
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
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 i$ to provide treatment for drug and alcohQL addiction
and eating disorders: however, the rehabilitation facility must - be a dual diagnostic
facility staffed and equipped to provide treatment for co- occurrina 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, commundy 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 facifit y:
1. 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
are does not include emergency or medical detoxification. which is
2
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. P 'vate 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 shall not accept third party billing for patient care.
3. Short term care means a program desianed 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 -un 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 proaram and must occur at
the-
ame 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- conferencina, and in such cases has no limit or
regrictions regarding the duration of the care, the location of the treatment or
the number of participating patients.
6. Emeraency or medical detoxification means the elimination of toxins such as
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
use. Medical or emergency detoxification is performed under the direc
supervision of medical doctors and medical support staff, and may include the
administration of medication or tranquilizers in order to ease the withdrawal
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
density for such special exception use to 10 units per acre; providing that Sec. 78 -180
shall hereafter read as follows:
3
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: exsery#ia.. f ACLFs, vAvGh shall be computed on
the basis of 24 dwelling units per gross acre and rehabilitation facilities shall be
computed on the basis of 8 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 follow-ina conditions:
a Rehabilitation facilities shall be prohibited from being located within
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 l40 %) of the dwelling units shall be
permitted to have two (2) bedrooms. In no case shall a dwelling unit have
4
more than two 0 bedrooms. Two (2) bedroom dwellina units shall have--a
minimum of 750 square feet
d. Occupant load for individuals receiving treatment shall not exceed
he number of bedrooms. Bedrooms and studio dwelling units shall be for
single only. Overall density for a rehabilitation facility shall not
exceed eight (8) dwelling units per aros_s acre
e. Dwellina units shall be confiaured as follows:
1. Studio units, if provided, shall have a one (1) combination
bedroom /livin4 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. Dwellina 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.
a. Rehabilitation facilities must be equipped with a controlled space.
ffectively 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 propefir 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 o_r
all 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 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
( SHTO) and the county shall be provided in both directions from the
intersection point of the property lines.
L The rehabilitation facility shall include a backup generator system.
The system shall be sized for the buildina 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.
k. In coniunction with the application for special exception use the
rehabilitation facility shall submit a security plan that includes patient off -
5
site visits. The security plan shall be a_ pproved by the _Village Council with
input from the Chief of Police.
I. 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
r uiremen% and restrictions.
M. In conjunction with the application for special exception ur the-
Village may, at its discretion, secure an impact analysis study, performed
by an independent entit)& detailing the proposed rehabilitation facility's
proiected community wide impacts. This study, if prepared. shall
specifically address the rehabilitation facility's potential economic impact
to the Villaae, the creation and continuation of lobs 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 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
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 Villaae may obtain relief through the code enforcement special
magistrate process pursuant to Chapter 2, Article IV of the Villaae 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
in"unctive relief, recovery of money damages, or both.
Q) 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.]
(1) 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
6
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.
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
Upon Second Reading this 10 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:
For Adoption Against Adoption
Mayor Tom Paterno X
Vice -Mayor Vince Arena X
Council Member Abby Brennan X
Council Member Jim Humpage X
Council Member Calvin Turnquest X
The Mayor thereupon declared the Ordinance duly passed and adopted this 10 day of
March, 2011.
MAYOR OF TEQUESTA
Tom Paterno
ATTEST:
„ �PCaE 0 .
Am ya m
Lori McWilliams, MMC 'Q< m:�'=
Village Clerk 9,o 9 a ~�
%,OVA. 195.• '