The URL can be used to link to this page

Home My WebLink AboutOrdinance_07-16_05/12/2016 ORDINANCE NO. 7 -16 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING; AT ARTICLE X. OFF - STREET AND ON- STREET PARKING AND LOADING REGULATIONS, SECTION 78 -705, TO PROVIDE REVISED OFF - STREET PARKING REQUIREMENTS FOR ADULT CONGREGATE LIVING FACILITIES; AND AT ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS. DIVISION 2. SCHEDULE OF USE REGULATIONS, SECTION 78 -174, TO PROVIDE NEW REGULATIONS FOR ADULT CONGREGATE LIVING FACILITIES IN THE R -2 ZONING DISTRICT, INCLUDING THE PROVISION OF "INDEPENDENT LIVING ", "ASSISTED CARE" AND "EXTENDED (MEMORY) CARE" COMPONENTS, AND TO CLARIFY DENSITY LIMITS FOR ALL LEVELS OF CARE IN AN ADULT CONGREGATE LIVING FACILITY; 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 amend the Village Code of Ordinances at Chapter 78. Zoning, in order to provide greater uniformity for the zoning of Adult Congregate Living Facilities throughout the Village, and to provide zoning regulations that address independent living, assisted care and extended (memory) care components, as well as associated off - street parking requirements; and WHEREAS, in order to accomplish its goal, the Village Council desires to ament both its off - street parking code as well as its R -2 "Multiple Family Dwelling" zoning district codes as set forth in this ordinance; and WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best interests of the health, safety, and welfare of the citizens of the Village of Tequesta that the Village amend its code as set forth in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: 1 Section l: 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, at Section 78 -705, to provide revised off - street parking requirements for Adult Congregate Living Facilities; providing that Section 78 -705 shall hereafter read as follows: Sec. 78 -705. — Required number of parking spaces. Certain of these requirements may be in conflict with the special parking requirements set forth in the property development standards for use within the MU mixed -use district. Where a conflict exists, the property development standards of the MU district shall apply. There shall be provided at the time of the erection of any main building or structure, or at the time that any main building or structure is enlarged by more than 25 percent of the square footage of the existing building or structure, or increased in capacity by adding dwelling units, guestrooms, floor area or seats, minimum off - street motor vehicle parking space with adequate provisions for ingress and egress by a motor vehicle, in accordance with the following: (1) Adult congregate living a. Independent living component d '' ...,,,, re a t,. ti v in„ a edi : One and one half Two spaces for each dwelling unit ar -eqttivalefA. b. Assisted care component: One space per dwelling unit or equivalent. c. Extended care component : Two spaces per four patient beds. [THE REMAINDER OF THIS SECTION SHALL REMAIN AS PREVIOUSLY ADOPTED] 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. Division 2. Schedule of Use Regulations, at Section 78 -174, to provide new regulations for Adult Congregate Living Facilities in the R -2 Zoning District, including the provision of "independent living ", "assisted care" and "extended (memory) care" components, and to clarify density limits for all levels of care in an Adult Congregate Living Facility; providing that Section 78 -174 shall hereafter read as follows: Sec. 78 -174. - R -2 multiple - family dwelling district. (a) Putpose. It is the purpose and intent of the R -2 multiple - family dwelling district to provide lands within the village for a range of residential multiple - family uses that should be applied within the medium density designated areas of the village comprehensive development plan. In no event shall density exceed 12 dwelling units per gross acre. 2 (b) Permitted uses. Permitted uses in the R -2 district are as follows: (1) Single- family dwellings. (2) Two - family dwellings. (3) Multiple- family dwellings. (4) Places of assembly (750 square feet or less), subject to the following conditions: a. All presentations and events shall be conducted entirely within a building. b. Allowed accessory uses are: preschool and school facilities; assembly halls, sanctuaries or similar meeting rooms; community centers or fellowship halls; administrative offices related to the facility; gift shops for merchandise related to the facility; playgrounds and athletic fields; and rectory or similar residence for facility officials or on -site caretakers, limited to one dwelling unit. (c) Accessory uses. Accessory uses allowed in the R -2 district are as follows: Private garages, swimming pools, spas and hot tubs, cabanas and saunas, greenhouses, tennis courts, clubhouses, private docks, utility buildings, gazebos and any other similar use deemed appropriate by the director of community development. (d) Special exception uses. Special exception uses in the R -2 district are as follows: (1) Marina facilities. (2) Public utility buildings such as water pumping plants and electric substations; police and fire stations. (3) Nurseries. (4) Private kindergartens, day care centers and schools. (5) Publicly owned and operated community buildings. (6) Two - family or multiple - family dwellings in excess of two stories or 30 feet in height to a maximum of three stories or 35 feet. (7) Planned residential developments (PRD) (subject to the provisions of article VII of this chapter). (8) Community antenna systems. (9) Parks and recreation facilities owned and operated by the village. (10) Foster care facilities, as may be required, regulated and licensed by applicable state statutes and agencies. (11) Group homes, as may be required, regulated and licensed by applicable state statutes and agencies. (12) Adult congregate living facility faeikties (includes assisted living facilities as defined at F.S. ch. 429). Evidence that all regulations set forth in the state law concerning such facilities have been met must be submitted to the village prior to the issuance of a certificate of occupancy; , b f of ti it s h a ll no t o ova 12 units p 3 a. An adult congregate living facility shall contain either an assisted care facility or an extended care facility as a component of the development. and may also contain an independent living facility as a_component. in order to be deemed an adult congregate living facility. b. The minimum site for an adult congregate living facility shall be two acres. c. All adult con rg egate living facilities with assisted living and /or extended care facilities shall provide sufficient staff to operate the f in a proper manner as reauired by the minimum st andards of the state department of health and rehabilitative services, and shall provide facilities which meet the Dhvsical. recreat emotional and social life ne of the residents of the facility. d. A 11 facilities containing more than one story shall have an elevator large enough to carry a stretcher. e. No portable heaters or other dangerous appliances shall be used in such facilities f All facilities s conform to applicable village c odes and ordinances. including building, electric, plumbing, fire prevention and st ate department of insurance m inimum fi re safety standards for adult congregate living facilities g_ The applicant shall provide tran to the facility in a form and manner acceptable to the village council. h. The residence may have individual kitchen facilities in addition to the central kitchen and /or facility which shall be provided for the residents of the entire adult congregate living facility Such central kitchen dining shall provide at least two meals per day to the residents of the facility. L An application for special exce )tion_ f or each such facility shall contain a m analysis which demonstrates the viability and n eed for the facility to be built or establis at the proposed location set forth within the application For these purposes the market analysis shall contain but not be limited to the following determinations: 1. Determination of the service area of the proposed facility. 2. Determination of the service area population, present and future. 3. Statement of need for all proposed levels of care. Maximum residential density for the Adult Congregate Living Facility is 12 units per acre, calculated as follows: 1. Independent living: Facilities comprised of residences intended for use by one individ or family. Each such residence shall be equal to one dwelling unit for purposes of c dg ensity. 2. Assisted care: Facilities wherein beds are provided for residents in a less intensive care setting than extended care. but that requires assistance where independent living is not possible. since these residents are less mobile and - less active than those in an 4 independent living dwelling unit. Two point Three Nine (2.39) persons in the assisted care component shall equal one dwelling unit for purposes of calculating density. 3. Extended care:_ Facilities wherein bed are provided for residents in the nature of a nursing memory care or convalescent home. Four (4) persons i n the extended care component shall equal one dwellin unit for purposes of calculating density. k The adult congregate living facility shall. by separate agreement, guarantee payment to the primary fire rescue provider for patient ambulance transport service. 1. All fa ciliti es shall be eauioDed with an emergency backup generator system. The system shall be of sufficient size and Hower for the facility's maximum occupancy load and shall ha a fuel source su fficient tooperate the facili fora minimum of seven d (13) Places of assembly (765 square feet or more), subject to the following conditions: a. All presentations and events shall be conducted entirely within a building. b. Allowed accessory uses are: preschool and school facilities; assembly halls, sanctuaries or similar meeting rooms; community centers or fellowship halls; administrative offices related to the facility; gift shops for merchandise related to the facility; playgrounds and athletic fields; and rectory or similar residence for facility officials or on -site caretakers, limited to one dwelling unit. (e) Prohibited uses and structures. The following uses and structures are prohibited in the R -2 district: Any use or structure not specifically or by reasonable implication permitted in this section as a permitted use, accessory use or permissible by special exception. Section 3: Each and every other Section and Subsection of Chapter 78. Zoning. shall remain in full force and effect as previously adopted. Section 4: All ordinances or parts of ordinances in conflict 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 this Ordinance. Section 6: Specific authority is hereby granted to codify this Ordinance. Section 7: This Ordinance shall take effect immediately upon passage. 5 ORDINANCE 07 -16 Upon Second Readin MOTION SECOND Council Member Frank D'Ambra Vice -Mayor Vince Arena VOTE FOR AGAINST ABSENT ADOPTION ADOPTION Mayor Abby Brennan ❑ ❑ Vice -Mayor Vince Arena ❑✓ ❑ ❑ Council Member Steve Okun a ❑ ❑ Council Member Tom Paterno ❑ ❑ Council Member Frank D'Ambra ❑ ❑ The Mayor thereupon declared the Ordinance duly passed and adopted this 12- May -2016 MAYOR OF TEQUESTA / �11 Af 4f..� ATTEST: pa mnmmmm�i nuy F TFQ� 4Lt1� �� G O � P OR �T G F s Lori McWilliams, MMC SEAL 'D Village Clerk :INCORPORATE D:° 4, 1°.�' 1 P�� NNNIIIIIUINMIN