Item 6ACITY OF
SOUTHLAKE
MEMORANDUM
August 10, 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 2nd 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: 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 first reading, City Council requested that staff return to second reading
with a number of additions and revisions. Those requests and staff's
resulting actions are outlined below:
R Council
Revise the list of "Required .
Internet access to each room and
Amenities" to be provided on site
personal care services have been added
to include:
as required amenities
1) internet access to each .
The "multi- purpose room" has been
room
expanded to include "such uses as arts
2) personal care services (i.e.
and crafts, entertainment, personal
hair /nail /salon services),
reflection, social events, etc."
3) Arts & Crafts facility, .
"Furnish or provide transportation to
4) Breathing therapy, physical
local facilities that provide inhalation
therapy and occupational
therapy, physical therapy and
therapy services
occupational therapy services" was
5) A "reflection room"
added to the list of required amenities
Revise the list of "Permitted
.
"Senior playground" was added
Amenities" to include:
.
The provision of a "garden for
1) a "community garden"
community use" was added under the
2) a "senior playground"
"open space" requirement
Revise the site plan submittal
. Staff has added these items to the site
requirements to include:
plan submittal requirements
1) a staffing analysis
2) a housing unit mix table
Staff to provide a map showing all
• A map showing the locations of all non -
zoning districts where currently
single family residential zoning districts
permitted under the SUP approval
will be presented at the City Council
process
meeting. Consider that City Council has
discretion when approving the location of
these facilities through the Specific Use
Permit process.
Revise the location criteria for
"shopping areas" was deleted from the
these facilities, eliminating the
location criteria; but staff considers public
recommendation that they be
parks, medical offices, civic centers, and
within walking distance of
religious facilities advantageous and
shopping areas
complimentary uses to assisted living
facilities and thus has left those uses in
as recommended uses to be within
walking distance
Increase the minimum unit sizes
Staff has revised the minimum unit sizes
of the Type "B" housing units to
of the Type "B" facilities to be more in line
be more in line with the minimum
with Watermere's minimum unit sizes.
unit sizes constructed by the Isle
Type "B" unit sizes end up being 150 SF
at Watermere facility.
less than the Type "A" minimum unit
sizes.
Financial
Considerations:
Strategic Link:
Citizen Input/
Board Review:
Legal Review:
None.
Quality Development.
February 15, 2011 City Council Work Session
March 8, 2011 Senior Advisory Commission Meeting
March 28, 2011 SPIN Meeting
April 7, 2011 Planning & Zoning Commission; tabled (7 -0).
April 21, 2011 Planning & Zoning Commission; approved (6 -0)
subject to the Staff Memorandum dated April 21,
2011.
May 10, 2011 City Council; approved first reading (6 -0), subject to
Council's revision requests to staff.
A public hearing is scheduled for this item at the City Council meeting on
August 16, 2011.
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: 1) Ordinance No. 480 -GGGG "Redline - Strike Out" Version; Red
revisions are those presented to Council at first reading on May 10,
2011; Blue revisions are those added for second reading on August
16, 2011.
2) "Clean" final version of Ordinance No. 480 -GGG, showing no revision
history
Ordinance 480 -GGGG
"Redline Strike Out" Version
Red = May 10, 2011 Revisions
Blue= August 16, 2011 Revisions
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:
PPIRS NAl GA J; ASSISTED 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.)
45 -1
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 -WWW)
(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
1. PeFGGRal GaFeAssisted Living Facilities are encouraged to be located within
ALL, except AG, RE,
walking distance of edical offices, civic centers, public parks,
RCS, SF -1A, SF -2, SF-
religious facilities, and other related facilities or may be located in transitional
113, 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 PERSONAL GAR ASSISTED 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 personal GareAssisted 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 Facilities shall meet all applicable city codes.
3) Assisted Living F #acilities shall meet the licensing requirements of the
Texas Department of Huma+ - _A ing 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 41-Iousekeeping service;
45 -2
3) Basic laundry service;
4) Transportation service to local facilities (e.g. shopping, entertainment,
medical /professional offices. etc.):
5) Library f,,.Ri , V O E l e t...,... peF t a ti,._R t.. I9GAI f G il;ti e . that p .,,d a Ii I9Fa F.,
6) Computer and /or internet access to each housing unit;
7) Multi- purpose garne room for such uses as arts and crafts, entertainment,
personal reflection, social events, etc.:
8) E xercise room;
9) Personal care service for resident use only (e.g. beauty or barber shop);
-
10) Furnish or provide transportation to local facilities that provide inhalation
therapy, physical therapy and occupational therapy services: and
1) 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 (10 %) of the lot area and shall include a garden for
community use.
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, senior playgrounds
and related uses).
d. 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;
32) 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;
454) Medical treatment services for resident use only (e.g., medical clinic, physical
therapy services inhalation therapy, and other related uses).
e. Concept Plan and Site Plan Required
Any applicant seeking approval for a personal 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:
j�_4+--A letter describing the facility's services, amenities, and ancillary uses.
level of daily patient care—,- recreational, and support services
available -;
2)__a44d- unit mix table showing the number and percentage of housing
housing units by type and size: and the site's gross density;} -
3) T he type of proposed building(s), - including the type of facade and the number of
45 -3
stories
4�— staffing analysis showing t he pfepeee4l- estimated number of occupants and
service personnel staffing ratios, types of staff, and staffing shifts
Q_A floor plan and list of intended uses and the percentage of total floor area that each
use will occupyl-
A unit mix table, showing the type, number, and size of all housing units.
f. Development Regulations
Except as follows, development regulations shall be in accordance with the underlying
zoning district requirements and Section 43, Overlay Zones.Thn f ollow ing standards
r..deFlviR ZGR dic +rint r.r +h.. Gerri.d., /i ��hir.h +ha
rcac uy`- r�elrr�- 4rrncnvwee�
stringent r ula +ien shall ap ply) :
2) FmFGnt Yard The.re shall he A - rA fFoRt yaFd sethadk af pt-A less than th (30)
feet, exGept Where t - 1-+ - prepeFty zeRed as s fam resideRt eF
Shall bG a M fr. Rt yard sett k of Ant laces +hap fo Fty /An\ f '
shall hr, a
m c' yard setbadk .,f nAt L,oc that, on ., h. m.d r.,.d (1 00) fr,.,+
A\ Gear VArd6 The.re cell he h m rear and setbnnL of nn+ Iecc than forty /AfN
feet, exGept whore tho lot A.b property zoned as s fam res
d esignated as l e; - A - shall b .�r.d c.. }h.,,.L ..F .,.-.} I.•.cc +h .-... ,. h' ,.,.J r...d (1 00 fr...+
\mirL8t- v$\}e- raB-rA 11 b OrStr'ziv on an rn A k drn ,
oovorano not n ordinn the Inccnr of tho following: underlying zon rdic +tin+
regu latioR or fifty /Sn\ n en+ of the In+ a
6 5j) 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.
-72) Floor Area: Each dwelling-housing unit shall have a minimum floor area
based on the unit type:
45 -4
. As defined bV the Texas Department of Aging and Disability Services
SD Maximum Density: The maximum number of dwelling-housing units per
acre shall be twelve (12), PF9Y at least twenty (20) peFeent ef the 'At area is
404) Bufferyards: Bufferyards shall be required in accordance with Section 42 and
Section 43 of this ordinance. the 61RE19FIYORg ^ E li^..,^+ R- R d ^ .id ^ eFlay
44��) Interior Landscaping Areas: Interior landscaping shall be required in accordance
with the current landscaping ordinance and corridor overlay zone requirements, if
applicable.
=140 Parking: Ten (10) spaces plus one 11-5 spaces per each two 3 u beds.
g. Licensing
Every Persenal Gare-Assisted Living Facility shall be licensed by the Texas Department
of Aging and Disability Services as required by the R prso . I Q;rpAssisted 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.
11 To receive a variance. the arplicant must demonstrate the followin
i. A variance will reduce the impact of the project 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.
In order to arant a variance. the Citv 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
45 -5
Type "A " and
Type °B "* and
like facilities
like facilities
EfficiencV Unit
350 s.f.
450200 s.f.
One (1 Bed Unit
450 s.f.
2- s.f.
Two 2 Bed Unit
650 s.f.
X0500 s.f.
. As defined bV the Texas Department of Aging and Disability Services
SD Maximum Density: The maximum number of dwelling-housing units per
acre shall be twelve (12), PF9Y at least twenty (20) peFeent ef the 'At area is
404) Bufferyards: Bufferyards shall be required in accordance with Section 42 and
Section 43 of this ordinance. the 61RE19FIYORg ^ E li^..,^+ R- R d ^ .id ^ eFlay
44��) Interior Landscaping Areas: Interior landscaping shall be required in accordance
with the current landscaping ordinance and corridor overlay zone requirements, if
applicable.
=140 Parking: Ten (10) spaces plus one 11-5 spaces per each two 3 u beds.
g. Licensing
Every Persenal Gare-Assisted Living Facility shall be licensed by the Texas Department
of Aging and Disability Services as required by the R prso . I Q;rpAssisted 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.
11 To receive a variance. the arplicant must demonstrate the followin
i. A variance will reduce the impact of the project 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.
In order to arant a variance. the Citv 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
45 -5
the variance will be in harmony with the spirit and purpose of this ordinance.
a- 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 -6
Ordinance 480 -GGGG
"Clean" Version
August 16, 2011
ORDINANCE NO. 480 -GGGG
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; AS IT PERTAINS TO PERSONAL CARE FACILITIES, INCLUDING
NURSING AND CARE HOMES; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the city has adopted Ordinance No. 480, as amended, as the
Comprehensive Zoning Ordinance for the city; and
WHEREAS, the City Council has determined that it is appropriate and in the best
interest of the city to promote the public health, safety, and general welfare of its residents by
amending Ordinance No. 480 as provided herein; and
WHEREAS, the City Council has given published notice and held public hearings with
respect to the amendment of the zoning ordinance as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1
The definition for "Personal Care Facility" under Section 4.2 of the Comprehensive
Zoning Ordinance No. 480, as amended, is hereby amended to read as follows:
ASSISTED 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 2
Section 45.1(31) of the Comprehensive Zoning Ordinance No. 480, as amended, is
hereby amended to read as follows:
SPECIFIC USE
DISTRICT
WHERE
PERMITTED
31. Assisted Living Facilities, are encouraged to be located within walking
ALL, except AG,
distance of medical offices, civic centers, public parks, religious facilities, and
RE, RCS, SF-
other related facilities or may be located in transitional areas adjacent to low
1A, SF -2, SF-
and medium density residential developments when compatible and shall be
1 B, SF -30, SF-
subject to the requirements set forth in Section 45.9 of this ordinance. (As
20A., SF -20B
amended by Ordinance No. 480 -Y.)
SECTION 3
Section 45.8 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby
amended to read as follows:
45.8 SPECIFIC REQUIREMENTS FOR ASSISTED 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 Assisted 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 Facilities shall meet all applicable city codes.
3) Assisted Living Facilities 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) Housekeeping service;
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 to each housing unit;
7) Multi- purpose room for such uses as arts and crafts, entertainment, personal
reflection, social events, etc.;
8) Exercise room;
9) Personal care service for resident use only (e.g. beauty or barber shop);
10) Furnish or provide transportation to local facilities that provide inhalation
therapy, physical therapy and occupational therapy services; and11) 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 (10 %) of the lot area and shall include a garden for
community use.
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, senior
playgrounds and related uses).
d. 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) Convenience retail shop to provide for the sale of food items, non - prescription
drugs, small household items, and gifts;
3) Pharmacy for resident use only;
4) Medical treatment services for resident use only (e.g., medical clinic, physical
therapy services inhalation therapy, and other related uses).
e. Concept Plan and Site Plan Required
Any applicant seeking approval for a assisted 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; level of
daily patient care; housekeeping, recreational and support services available;
2) A unit mix table showing the number and percentage of housing units by type
and size; and the site's gross density;
3) The type of proposed building(s), including the type of facade and the number of
stories;
4) A staffing analysis showing the estimated number of occupants and service
personnel, staffing ratios, types of staff, and staffing shifts;
5) A floor plan and list of intended uses and the percentage of total floor area that
each use will occupy;
6) A unit mix table, showing the type, number, and size of all housing units.
f. Development Regulations
Except as follows, development regulations shall be in accordance with the
underlying zoning district requirements and Section 43, Overlay Zones.:
1) 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.
2) Floor Area: Each housing unit shall have a minimum floor area based on the unit
type:
x As detined by the I exas Uepartment of Aging and Uisaulrty Services
3) Maximum Density: The maximum number of housing units per acre shall be
twelve (12).
4) Bufferyards: Bufferyards shall be required in accordance with Section 42 and
Section 43 of this ordinance.
5) Interior Landscaping Areas: Interior landscaping shall be required in accordance
with the current landscaping ordinance and corridor overlay zone requirements, if
applicable.
6) Parking: Ten (10) spaces plus one (1) space per each two (2) beds.
g. Licensing
Every Assisted Living Facility shall be licensed by the Texas Department of Aging and
Disability Services as required by the Assisted 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 following:
i. A variance will reduce the impact of the project on surrounding properties;
Type "A "* and
like facilities
Type "B "* and
like facilities
Efficiency Unit
350 s.f.
200 s.f.
One (1) Bed Unit
450 s.f.
300 s.f.
Two (2) Bed Unit
650 s.f.
500 s.f.
x As detined by the I exas Uepartment of Aging and Uisaulrty Services
3) Maximum Density: The maximum number of housing units per acre shall be
twelve (12).
4) Bufferyards: Bufferyards shall be required in accordance with Section 42 and
Section 43 of this ordinance.
5) Interior Landscaping Areas: Interior landscaping shall be required in accordance
with the current landscaping ordinance and corridor overlay zone requirements, if
applicable.
6) Parking: Ten (10) spaces plus one (1) space per each two (2) beds.
g. Licensing
Every Assisted Living Facility shall be licensed by the Texas Department of Aging and
Disability Services as required by the Assisted 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 following:
i. A variance will reduce the impact of the project 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.
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.
SECTION 4
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such ordinances are
hereby repealed.
SECTION 5
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 6
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two - Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 7
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances
affecting zoning yard regulations which have accrued at the time of the effective date of this
ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts.
SECTION 8
The City Secretary of the City of Southlake is hereby authorized to publish this ordinance
in book or pamphlet form for general distribution among the public, and the operative provisions
of this ordinance as so published shall be admissible in evidence in all courts without further
proof than the production thereof.
SECTION 9
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a
public hearing thereon at least ten (10) days before the second reading of this ordinance, and if
this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any
of its provisions, then the City Secretary shall additionally publish this ordinance or its caption
and penalty in the official City newspaper one time within ten days after final passage of this
ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
SECTION 10
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the 10 day of May, 2011.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the 16 day of August, 2011.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE: