Item 4BCITY OF
SOUTHLAKE
MEMORANDUM
April 27, 2011
To: Southlake City Council
From: Ken Baker, AICP — Director of Planning & Development Services
Subject: Ordinance No. 480 -GGGG, Amendment to the City of Southlake
Comprehensive Zoning Ordinance No. 480, as it pertains to Assisted
Living Facilities.
Action
Requested: Consider 1" reading approval of proposed changes to the City of
Southlake Zoning Ordinance No. 480, as it pertains to Assisted Living
Facilities as specified in the attached Ordinance Amendment No. 480 -
GGGG.
Background
Information:
Financial
Considerations:
The City Council has requested that City Staff bring forward an
amendment to City of Southlake Zoning Ordinance No 480, as amended,
in order to review and augment certain development regulations and
requirements of "Personal Care Facilities," now termed "Assisted Living
Facilities." The specific amendments proposed are attached hereto in
"redline- strike out" form.
At the Planning & Zoning Commission meeting on April 4, 2011, the
Commission tabled the item (7 -0) and asked staff to further amend the
ordinance as it pertains to minimum unit size in an Assisted Living
Facility. Specifically, the concern was that different types of facilities
require different room sizes, possibly smaller than the proposed
minimum.
To that end, staff has proposed the following chart in the "Floor Area"
section of the proposed ordinance that would apply different minimum unit
size regulations to "Type A" and "Type B" Assisted Living Facilities, as
defined by the Texas Department of Aging and Disability Services:
As detined by the I exas Department of Aging and Uisabilrty Services
The variance section proposed for these regulations would allow City
Council to consider variances to any regulation proposed.
None.
Strategic Link: Quality Development.
Type "A "* and
like facilities
Type "B "* and
like facilities
Efficiency Unit
350 s.f.
150 s.f.
One (1) Bedroom Unit
450 s.f.
225 s.f.
Two (2) Bedroom Unit
650 s.f.
350 s.f.
As detined by the I exas Department of Aging and Uisabilrty Services
The variance section proposed for these regulations would allow City
Council to consider variances to any regulation proposed.
None.
Strategic Link: Quality Development.
Citizen Input/
Board Review: February 15, 2011
March 8, 2011
March 28, 2011
April 7, 2011
April 21, 2011
City Council Work Session
Senior Advisory Commission Meeting
SPIN Meeting
Planning & Zoning Commission; tabled (7 -0).
Planning & Zoning Commission; approved (6 -0)
subject to the Staff Memorandum dated April 21,
2011.
A public hearing is scheduled for this item at the Planning & Zoning
Commission meeting on April 21, 2011.
Legal Review: This ordinance is under review by the by the City Attorney.
Alternatives: 1) Approve the amendment as presented;
2) Approve with modifications to the proposed amendment;
3) Deny the proposed amendment.
Supporting
Documents: Ordinance No. 480 -GGGG "Redline - Strike Out" Version
Ordinance 480 -GGGG
"Redline - Strike Out" Version
SECTION 4
DEFINITIONS
(As amended by Ordinance No. 480 -QQ)
(As amended by Ordinance No. 480 -UU)
(As amended by Ordinance No. 480 -YY)
(As amended by Ordinance No. 480 -000)
(As amended by Ordinance No. 480 -QQQ)
(As amended by Ordinance No. 480 -WWW)
(As amended by Ordinance No. 480 -YYY)
(As amended by Ordinance No. 480 -GGGG)
4.1 INTERPRETATIONS OF CERTAIN WORDS AND PHRASES - For the purposes of this
ordinance, certain terms or words used herein shall be interpreted as follows:
a. The word ep rson includes a firm, association, organization, partnership, trust,
company, or corporation, as well as an individual.
b. The present tense includes the future tense, the singular number includes the plural,
and the plural number includes the singular.
c. The word shall is mandatory, the word may is permissive.
d. The word used or occupied includes the words intended designed or arranged to be
used or occupied
e. The word lot includes the words I�ot, parcel, or tract of land.
f. The word building includes the word structure
4.2 DEFINITIONS - For the purposes of this ordinance, the following definitions shall apply:
oGRSOISI i GAREASSISTED LIVING FACILITY - 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. (As amended by Ordinance No. 480 -Y.)
SECTION 45
SPECIFIC USE PERMITS
(As amended by Ordinance No. 480 -QQ & 480 -SS)
(As amended by Ordinance No. 480 -UU)
(As amended by Ordinance No. 480 -YY)
(As amended by Ordinance No. 480 -NNN)
(As amended by Ordinance No. 480 -000)
(As amended by Ordinance No. 480 -RRR)
(As amended by Ordinance No. 480 -VW)
(As amended by Ordinance No. 480 -VVWW)
(As amended by Ordinance No. 480 -GGGG)
45.1 GENERAL PROVISIONS - The uses listed in this section are prohibited in the City of Southlake
unless and until a specific use permit is granted for such use by the City Council in accordance
with the requirements and procedures set forth in this Section. A specific use permit shall be
required for the following uses (as amended by Ordinance No. 480 -D):
SPECIFIC USE
DISTRICT WHERE
PERMITTED
J1. Assisted Living Facilities are encouraged to be located within
ALL, except AG, RE,
walking distance of shopping areas, medical offices, civic centers, public parks,
RCS, SF -1A, SF -2. SF-
religious facilities, and other related facilities or may be located in transitional
1 B, SF -30, SF -20A. SF-
areas adjacent to low and medium density residential developments when
20B
compatible and shall be subject to the requirements set forth in Section 45.9 of
this ordinance. (As amended by Ordinance No. 480 -Y.)
45.8 SPECIFIC REQUIREMENTS FOR oGpc0nin1 GAREASSISTED LIVING FACILITIES (This
entire section was added by Ordinance No. 480 -Y and amended by Ordinance No. 480 -
GGGG
a. General Criteria
1) Approval of perseRal GaFeAssisted Living Facilities shall be based upon an analysis
of the location, the site layout and design features, the adequacy of water, sewer,
and other public improvements necessary to support the site, the assurance that the
adjoining streets can handle higher volumes of traffic during peak hours of traffic
loading without a requirement to divert traffic onto traditional residential streets and
the compatibility of the construction with adjacent land uses.
2) Assisted Living F #acilities shall meet all applicable city codes.
3) Assisted Living F #acilities shall meet the licensing requirements of the
Texas Department of Aging and Disability Services.
b. Required Amenities
In an effort to maintain a comfortable lifestyle for the residents and for the convenience
of the employees and the residents' guests, the following amenities shall be required on
site:
1)Cafeteria and /or dining room,
2) 4Housekeeping service;
45 -2
3) Basic laundry service;
4) Transportation service to local facilities (e.g. shopping, entertainment,
medical /professional offices, etc.);
5) Library
6) Computer and/or internet access;
7) Multi- purpose gan4e room,
81 E xercise room and
9) 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 ten percent 00 %) of the lot area.
c. Permitted Amenities
In an effort to enhance the residents' quality of life, certain other special facilities and
services for residents, employees and guests are encouraged (e.g, chapel, swimming
pool, Jacuzzi, home theater, arts and crafts facilities, greenhouse, and related uses).
Permitted Ancillary Uses
The following ancillary uses shall be permitted by right to provide on -site goods and
services for residents and their guests, but are not intended for use by the general
public:
1) Snack bar;
2) Beauty or barber shop for resident use only;
3) Convenience retail shop to provide for the sale of food items, non - prescription drugs,
small household items, and gifts;
4) Pharmacy for resident use only;
5) Medical treatment services for resident use only (e.g., medical clinic, physical
therapy services inhalation therapy, and other related uses).
Concept Plan and Site Plan Required
Any applicant seeking approval fora 199MORal GaFeassisted living facility shall submit a
Concept Plan which meets the requirements of Section 41 or a Site Plan which meets
the requirements of Section 40 of this ordinance, as amended. A Site Plan shall be
approved by the City Council prior to issuance of a building permit. All Concept Plans
and Site Plans may only be approved by the City Council after a recommendation by
the Planning and Zoning Commission in accordance with the same notice and hearing
requirements for zoning changes as set forth in Section 46 of this ordinance, as
amended.
In addition to the requirements set forth above, the applicant shall also provide:
1) A letter describing the facility's services, amenities, and ancillary uses (e.g., level of
daily patient care, housekeeping, recreational, and support services available, and
the percentage of fig- dwelling units by type and the site's gross density), the
type of proposed building(s), including the type of facade and the number of stories,
and the p Fepes stimated number of occupants and service personnel;
2) A floor plan and list of intended uses and the percentage of total floor area that each
use will occupy.
f. Development Regulations
Except as follows, development regulations shall be in accordance with the underlying
zoning district requirements and Section 43, Overlay Zones.The following standards
45 -3
&j) Lot Area: The minimum lot area shall be determined after an analysis of the
location, the site design, and the impact and compatibility with adjacent land uses.
7-�) Floor Area: Each he"44g- dwe11ing unit shall have a minimum floor area based on
the unit type:
As defined by the Texas Department of Aaina and Disability Services
41 Maximum Density: The maximum number of h9us welling units per acre shall
45 -4
Type "A " and
Type "13 and
like facilities
like facilities
Efficiency Unit
350 s.f.
150 s.f.
One 1 Bed Unit
450 sT
225 s.f.
Two (2) Bed Unit
650 s.f.
350 s.f.
As defined by the Texas Department of Aaina and Disability Services
41 Maximum Density: The maximum number of h9us welling units per acre shall
45 -4
be twelve (12). ^ v I at le twenty (20) n n. of the I ^F ^ r e a is d .^
Ord Ne. 490 1313.)
494) Bufferyards: Bufferyards shall be required in accordance with Section 42 and
Section 43 of this ordinance. the WREIeFIYiR9 , ^ dmGtFi^' ^^G' ^ • i' ^• ^ ^slay ZeRe
14 -� Interior Landscaping Areas: Interior landscaping shall be required in accordance
with the current landscaping ordinance and corridor overlay zone requirements, if
applicable.
4�D Parking: Ten (10) spaces plus one 11 spaces per each two 3M beds.
Licensing
Every Personal GareAssisted Living Facility shall be licensed by the Texas Department
of Human Services as required by the Perso r °reAssisted Living Facility Licensing
Act, Section 247.021, Tex. Health and Safety Code, V.T.C.A.
h. Variances
At the time of review of any required Concept Plan or Site Plan. the City Council may
grant variances to the uses and/or development standards set forth in this Section.
1) To receive a variance. the applicant must demonstrate the followin
i. A variance will reduce the impact of the protect on surrounding properties; or
ii. Compliance with this Section would impair the architectural design or
creativity of the project; or
iii. A variance is necessary to assure compatibility with surrounding developed
properties.
2) In order to grant a variance, the City Council must determine that a literal
enforcement of the regulations will create an unnecessary hardship or a
practical difficulty for the applicant; that the situation causing the unnecessary
hardship or practical difficulty is unique to the affected property and is not self
imposed; that the variance will not injure and will be wholly compatible with the
use and permitted development of adjacent properties; and that the granting of
the variance will be in harmony with the spirit and purpose of this ordinance.
43 3) If a variance request is denied by the City Council, no other variance of like
kind related to the same project or proposed project shall be considered or acted
upon by the City Council for a period of six (6) months subsequent to the denial.
45 -5