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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