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Item 4B AudioV SOUTHLAKE Item 4B is Ordinance Number 480 -GGGG, which addresses minimum standards for assisted living facilities. This presentation will review just the proposed ordinance amendments. Assisted Living Facilities An establishment that furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; and provides personal care services; and in addition, provides minor treatment under the direction and supervision of the resident's attending physician licensed by the Texas State Board of Medical Examiners, or services which meet some need beyond basic provision of food, shelter, and laundry. Incidental uses and /or services may include protective supervision, personal care, social and recreational services, transportation services, private or common kitchen /dining facilities, so long as such services are provided to residents only. Unless otherwise noted, any text in red represents a revision to the existing zoning regulations for these facilities. Southlake's Zoning Ordinance currently defines and regulates "Personal Care Facilities." In the late 90's, the State of Texas revised its terminology to "Assisted Living Facilities" and our first proposal is to simply change all "Personal Care" references to "Assisted Living." The definition of such facilities, though, would remain as is: READ SLIDE. 2 Where Permitted (No Changes) • Not permitted in any zoning district by right • Requires Specific Use Permit (SUP) Approval • Permitted in all non - single family residential zoning districts with SUP No Changes are proposed to the zoning districts where these facilities would be permitted. They are currently not permitted in any zoning district by right, but are permitted in all non - single family residential zoning districts with City Council's approval of a Specific Use Permit. Of course, they may also be permitted in any S- P-1 or S -P -2 Site Plan Zoning district with City Council's approval as well. 3 Where Permitted Assisted Living facilities, are encouraged to be located within walking distance of shopping areas, medical offices, civic centers, public parks, religious facilities, and other related facilities or may be located in transitional areas adjacent to low and medium density residential developments when compatible and shall be subject to the requirements set forth in Section 45.8 of this ordinance. Section 45 of the Zoning Ordinance handles all Specific Use Permits and is where the regulations for personal care or assisted living facilities are housed. Under that section, a brief paragraph describes some criteria for which the location of these facilities may be judged: READ SLIDE. Other than the terminology revision, no change is proposed to this location criteria. 12 SUP Regulations General Criteria • Approval based on analysis of: — Location — Site layout & design — Adequacy of public infrastructure — Land use compatibility • Must meet state licensing requirements Concept & Site Plan • A letter describing the facility's services, amenities, ancillary uses, estimated number of occupants and service personnel • A floor plan and list of intended uses No changes are proposed to the general criteria or concept plan or site plan requirements. As is currently written, the approval of these facilities is based on the analysis of location, site layout and design, adequacy of public infrastructure, and compatibility with adjacent and area land uses. They must also meet state licensing requirements. A site plan must be approved by the City Council prior to issuance of a building permit. The ordinance does also allow the preliminary processing and approval of a concept plan. With those documents, the applicant must provide a letter describing the facility's services, amenities, ancillary uses, estimated number of occupants and service personnel. A floor plan is also required, which is not normally required on a typical site plan application. 5 The bulk of the changes proposed in this ordinance, and the direction given to staff by City Council, is the augmentation of the list of required on -site amenities. As is currently written, the ordinance only requires these facilities to provide that which is highlighted in yellow text. Those are cafeteria /dining rooms, housekeeping services, and transportation services. Specifically, the ordinance reads that the facility shall QUOTE "furnish or provide transportation to local facilities that provide a library, game room, and exercise room." Staff has proposed adding the amenities shown in white text to the list of required on -site amenities. Those are basic laundry services, a library, computer and /or internet access —which was a recommendation of the Senior Advisory Commission, a multi - purpose room (which might serve as a media room, game room or other activity room), an exercise room, and —most importantly — pedestrian- oriented open space directly adjacent to the building, unobstructed by parking stalls, driveways, or other physical impediments. Such open space shall total a minimum 10% of the lot area. This open space figure is in line with the residential planned unit development open space requirement and allows for the interior courtyards that are popular in the assisted living industry. 0 SUP Regulations Permitted Amenities • No Changes • Encouraged examples: — Chapel — Swimming Pool/ Jacuzzi — Home Theater — Arts & Crafts Facilities — Green House — Related Uses The ordinance continues to permit and encourage other amenities, although not required. These include a chapel, swimming pool or jacuzzi, theater, arts & crafts, green houses, and related uses. 7 SUP Regulations Permitted Ancillary Uses • No Changes • Not for use by general public: — Snack Bar; — Beauty /Barber Shop; — Convenience retail shop to provide for the sale of food items, non - prescription drugs, small household items, and gifts; — Pharmacy; — Medical Treatment Services No changes are proposed to the list of permitted ancillary uses either. These uses are not meant for use by the general public, rather for residents of the facility and their guests. These include snack bars, beauty and barber shops, convenience retail shops, pharmacies, and medical treatment services. 0 SUP Regulations Development Regulations Deferred to Underlying Zoning District: • Height • Setbacks • Lot Coverage • Maximum Impervious Coverage • New minimum unit size table: If you look at the redlined version of the ordinance in the staff report, you will see a lot of red striking in the development regulations section. Staff has reviewed this section thoroughly and has proposed that the development regulations for assisted living facilities simply defer to the underlying zoning district when it comes to height, setbacks, lot coverage, and maximum impervious coverage. The corridor overlay and residential adjacency standards still apply to these facilities as well if located within these zones. Another major revision is the addition of a minimum unit size table, which refers to Type A assisted living facilities and Type B assisted living facilities, both of which will be described in more detail on the following slides. Because of the different resident needs of each type of facility, unit sizes can differ as well. In Type A facilities, staff proposes to keep the same minimum unit sizes for efficiency units and one bedroom units as what is currently required. The two bedroom unit is proposed to increase 100 square feet from 550 to 650 square feet. According to industry experts that staff has spoken with, type B facilities do not require as big of rooms because of the residents' care needs and mobility. For those facilities, a 150 square foot minimum is proposed for efficiency units, 225 square feet is propsoed for one bedroom units, and 350 square feet is proposed for two bedroom units. 9 Texas State Room Size Standards (A) Bedroom usable floor space for Type A facilities must not be less than 80 square feet for a one -bed room and not less than 60 square feet per bed for a multiple bed room A bedroom must be not less than eight feet in the smallest dimension, unless specifically approved otherwise by the department. Bedrooms for persons with physical disabilities and /or mobility impairment must meet accessibility standards for access around the bed or beds, i.e., minimum of 3' -0" clear width for access aisles. (B) Bedroom usable floor space for Type B facilities must be not less than 100 square feet per bed for a single -bed room and not less than 80 square feet per bed for a multiple -bed room Bedrooms for persons with physical disabilities and /or mobility impairment must meet accessibility standards for access around the bed or beds, i.e., minimum of 3' -0" clear width for access aisles. A bedroom must not be less than ten feet in the smallest dimension unless specifically approved otherwise by DHS. For reference, the state minimum room size standards for type A facilities are 80 square feet for a one - bedroom unit or 60 square feet per bed for a multi -bed unit. So a two - bedroom unit would have a minimum unit size of 120 square feet. For type B facilities, the state minimum room size is 100 square feet for a single - bedroom unit or 80 square feet per bed for a multi -bed unit. So a two -bed unit would have a minimum size of 160 square feet. 10 State Definition An assisted living facility must be licensed as a Type A, Type B, or Type C facility. A facility's licensure type is based on the capability of the residents to evacuate the facility or the types of services the facility provides, or both. Type A . In a Type A facility, a resident: The table refers to Type A and Type B facilities. That distinction is tied to licensing requirements of the Texas Department of Aging and Disability Services, or DADS. A facility's licensure type is based on the capability of the residents to evacuate the facility or the types of services the facility provides. In a type A facility, a resident .. READ SLIDE 11 (1) must be physically and mentally capable of evacuating the facility without physical assistance from staff, M assisted livingfacility is (2) does not require routine attendance an option Jbr those who can no longe h o choose not to. live in their homes or h o during nighttime sleeping hours; and This brochure explains the variety (3) must be capable of following directions of assisted living faclltties available in'h!xas. under emergency conditions. who they care for, and the services they provide. The table refers to Type A and Type B facilities. That distinction is tied to licensing requirements of the Texas Department of Aging and Disability Services, or DADS. A facility's licensure type is based on the capability of the residents to evacuate the facility or the types of services the facility provides. In a type A facility, a resident .. READ SLIDE 11 State Definition Type B . In a Type B facility, a resident may: Type B facilities provide higher levels of care. In a type B facility, a resident may... READ SLIDE The state also has a license for Type C facilities, which is a four -bed facility that provides adult foster care services. This ordinance does not address this type of facility. 12 (1) require staff assistance to evacuate; I • •� ' • (2) require attendance during nighttime sleeping hours; (3) be incapable of following directions under emergency conditions; and (4) require assistance in transferring to and from a 1 wheelchair, but must not be permanently bedfast. Type C . A Type C facility is a four -bed facility that: t assisted livingJacility is orphan Jbr thane who can (1) has an active contract with DADS to provide no longer live to their homes ar who choose not to. adult foster care services; and al the variety This Dtocha ssisteiv (2) must be contracted with DADS to provide adult ing of assisted l °wh ho r foster care services before it can be licensed. andas, t hey hey c care otare fo and the services they provide. Type B facilities provide higher levels of care. In a type B facility, a resident may... READ SLIDE The state also has a license for Type C facilities, which is a four -bed facility that provides adult foster care services. This ordinance does not address this type of facility. 12 State Code Reference TEXAS ADMINISTRATIVE CODE TITLE 40 SOCIAL SERVICES AND ASSISTANCE I ail : idi■ 17 ;I ail : 49M1;1011 ffe]y_Cr]I0Cr7_101 oil QW_l 31111 WA 61 ; I:�ky/ [a] ; &I CHAPTER 92 LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES SUBCHAPTER D FACILITY CONSTRUCTION RULE 492.62 General Requirements You can get more information on the state standards by viewing the licensing standards for assisted living facilities in Chapter 92 of the Texas Administrative Code. 13 SUP Regulations • Maximum Density: The maximum number of dwelling units per acre shall be twelve (12). • Parking: Ten (10) spaces plus one (1) space per each two (2) beds. r The last of the development regulations to address is density and parking. No change is proposed to the density of these facilities, which would remain at 12 units per acre. Parking would remain at one space per two beds, or 50% of the number of beds. This ratio is consistent with other communities throughout the nation and with industry standards. 14 Public Input Timeline The public input process for this particular ordinance revision started with a City Council work session on February 15, 2011. On March 8, staff made a presentation and solicited input on ideas for the ordinance from the Senior Advisory Commission. A SPIN meeting was then held on March 28. The drafted ordinance was presented and discussed at a Planning & Zoning Commission meeting on April 7, with a change to the minimum unit sizes for Assisted Living Facilities being presented at the April 21St meeting. If approved at 1St reading at the May 10th City Council meeting, the public hearing will be held on May 17th 15 7 1elruary715 City Council Work Session March 8 �/ Senior Advisory Commission March 28 SPIN April 7 & 21 Planning & Zoning Commission May 10 City Council 1 Reading May 17 City Council 2nd Reading The public input process for this particular ordinance revision started with a City Council work session on February 15, 2011. On March 8, staff made a presentation and solicited input on ideas for the ordinance from the Senior Advisory Commission. A SPIN meeting was then held on March 28. The drafted ordinance was presented and discussed at a Planning & Zoning Commission meeting on April 7, with a change to the minimum unit sizes for Assisted Living Facilities being presented at the April 21St meeting. If approved at 1St reading at the May 10th City Council meeting, the public hearing will be held on May 17th 15 017 017 ` SOUTHLAKE TV 1 Any questions about Ordinance 480 - quadruple G can be directed to Ken Baker or myself at the numbers provided on your screen. Thank you. 16