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480-GGGG OFFICIAL RECORD 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 may be located in transitional areas adjacent ALL, except AG, RE, to low and medium density residential developments when compatible RCS, SF -1A, SF -2, SF- and shall be subject to the requirements set forth in Section 45.9 of 1B, SF -30, SF -20A., this ordinance. (As amended by Ordinance No. 480 -Y.) SF -20B 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 and 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 Ordinance No. 480 -GGGG Page 2 of 7 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. Ordinance No. 480 -GGGG Page 3 of 7 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: Type "A "* and Type "B "* and like facilities like facilities Efficiency Unit 350 s.f. 250 s.f. One (1) Bed Unit 450 s.f. 300 s.f. Two (2) Bed Unit 650 s.f. 500 s.f. * As defined by the Texas Department of Aging and Disability 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 Ordinance No. 480 -GGGG Page 4 of 7 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. Ordinance No. 480 -GGGG Page 5 of 7 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. Ordinance No. 480 -GGGG Page 6 of 7 PASSED AND APPROVED on the 1st reading the 10 day of May, 2011. C %/AL — MAY • R ATTEST: °i°° t°°etrt, � , ' ,, at o k e d c CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 16 day of August, 2011. „Abair MAYOR _ ATTEST: ° ° °t ° °, tuttt °° CITY SECRETARY e t %� APPROVED AS TO FORM AND LEGALITY: " *lc* "' CITY ATTORNEY r t DATE: L c , /1I ADOPTED: 41u,Dt Ilp,Z) EFFECTIVE: aj,/y/1/ 19,AI Ordinance No. 480 -GGGG Page 7 of 7 INVOICE Star - Telegram RECEIVED Customer ID: CIT57 400 W. 7TH STREET Invoice Number: 317409731 FORT WORTH, TX 76102 (817) 390 -7761 S i – z 2 011 Invoice Date: 8/19/2011 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Bill To: OFFICE OF CITY SECRETARY Due Date: 8/31/2011 PO Number: 21100072 CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 31740973 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092 -7604 Description: City of Southlake Ord Attn: Attn: ACCOUNTS PAYABLE Publication Date: 8/19/2011 R �'� aw�� '� 0 , AA• � ,� E �� '� - 't 4, . s 4 . , i " t in ' a , ' , s .. � ..,, . �: .... :. ate. r � � .. ... ,.. , ,. ,- _ ,: . a � � . x A:(�I� CITY OF Southlake City of S. AN OR Ordinance E AM No. 480 -GGGG Will Me tke8 1 37 37 LINE $3.17 $117.11 ENDING Olkl- NANCE NO. 41G, AS AMENDED regular City Council meeting. THE COMPREHENSIVE ZONING Mayor John Terrell Sales Di; ORDINANCE OF THE CITY OF Attest: Alicia Richardson, City Sec- , SOUTHLAKE TEXAS; AS 1 T PER- retary ($63.84) TAINS TO PERSONAL CARE FA Misc Fee AND CARE INCLUDING PROVIDING N S10.00 THAT THIS ORDINANCE SHALL BE CUMULATIVE OF . ALL - ORDI- NANCES; PROVIDING A SEVER - ABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS Net Amount: O, �Ot , - _ 27 CLAUSE; PROVIDING FOR PUBLI- CATION r IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN � �� �•''�� `•. THE OFFICIAL NEWSPAPER; AND USX• •-, ?Ua `••.AI i PROVIDING AN EFFECTIVE DATE. S �` r' Any person, firm or corporation who w c; ),`C ` f V) • _ violates, disobeys, omits, neglects • ri or refuses to comply with or who =_ • 2 ., r te : resists the enforcement of any of : V • • the provisions of this ordinance/ l ' . ;• ATE dcie�t ry shall be fined not more than Two- ••• 0. each ation offense. permitted t� ($2,000.00) shall ' /'' / / JJf ••• �f ,�� Passed and approved this the 16th J �III��II " THE ST day of August 2011, during the County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was public in the above named paper on the listed dates: BIDS & LEGAL DEPT. TAR TELEGRAM (817) 215-2323 Signed ��d\ t 4 SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, Au u , 2011.,x— /� /--. / Notary Public I/ Thank You For Your Payment Remit To: Star - Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101 -2051 Invoice Number: 317409731 Invoice Amount: $63.27 PO Number: 21100072 Amount Enclosed: $ .