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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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(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
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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.
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(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
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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.
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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.
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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.
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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
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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
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017 017 ` SOUTHLAKE TV
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Any questions about Ordinance 480 - quadruple G can be directed to Ken Baker or
myself at the numbers provided on your screen. Thank you.
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