HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 02_10/03/2016 � �
CORBETT, WHITE,
I�� DAVIS AN� ASHTON, t�A.
KEITH W. DAVIS
ATTORNEY AT LAW
Board Certified in City, Coitnty arid Local Governmettt Law
MEMORANDUM
TO: Mayor Brennan, Vice Mayor Arena, Council Members D'Ambra, Okun and
Paterno
CC: Manager Couzzo, Clerk McWilliams
FROM: Attorney Davis
DATE: September 19, 2016
RE: Agenda Item — Zoning Code Text Amendment for Rehabilitation Facility
The following describes in detail the above referenced agenda item:
Futures has commenced with the build-out of its third floor space. The build out
contemplates an overall decrease in dwelling units from 75 to 73, with an overall decrease
in one-bedroom units from 38 to 34 and an increase in two-bedroom units from 30 to 32.
However, this revised configuration causes the mix of dwelling unit types to violate the
current code which limits finro-bedroom units to 40% of the total units. The proposed revised
mix results in 44% of the dwelling units being of the two-bedroom variety. The proposed
text amendment changes the 40% maximum to 45%.
The building permit originally issued for the third floor build-out (earlier this year) provided
for a total of 75 units, allowing 30 to have two bedrooms and 45 to have one bedroom (for a
total of 105 beds). This is consistent with the original 2011 special exception approval for
this site in terms of complete build-out.
The proposed revision actually reduces the net total number of beds from 105 to 98.
ORDINANCE NO. 11-16
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZOlvING; AT ARTICLE VI. SCHEDULE
OF DISTRICT REGULATIONS, DIVISION 2. SCHEDULE OF USE
REGULATIONS, AT SECTION 78-180, MU MIXED USE DISTRICT,
SUBSECTION (I) SPECIAL EXCEPTI�N USES, NUMBER (16)
REHABILITATION FACILITIES, TO INCREASE THE MAXIMUM
PERCENTAGE OF ALLOWED TWO BEDROOM DWELLING UNITS
FROM 40% TO 45%; 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 zoning code currently regulates the development of
rehabilitation facilities and limits the maximum number of two bedroom dwelling units to 40% of
the total number of dwelling units; and
WHEREAS, the Village Council of the Village of Tequesta desires to allow an increase
in this maximum percentage from 40 to 45% in order to accommodate a current re-development
proposed in the Village; 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:
Section 1: 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 78-180, MLJ Mixed Use District, subsection (i) Special Exception Uses,
Number (16) Rehabilitation Facilities, to increase the maximum percentage of allowed two
bedroom dwelling units from 40% to 45%; providing that Section 78-180(i)(16) shall hereafter
read as follows:
Sec. 78-180. MU mixed use district.
[Sections (a) through (h) shall remain in full force and effect as previously adopted.]
(i) Special exception uses. Special exception uses in the mixed use district are as follows:
[Sub-sections (1) through (15) shall remain in full force and effect as previously adopted.]
(16) Rehabilitation facilities, subject to the following conditions:
[Paragraphs a. and b. shall remain in full force and effect as previously adopted.]
c. A maacimum of 45 49 percent of the dwelling units shall be permitted to have two
bedrooms. In no case shall a dwelling unit have more than two bedrooms. Two bedroom dwelling
units shall have a minimum of 750 square feet.
[Paragraphs d. through o. shall remain in full force and effect as previously adopted.]
Section 2: Each and every other Section and Subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby
repealed.
Section 4: 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 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon passage.