480-YORDINANCE NO. 480-Y
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; AMENDING CERTAIN DEFINITIONS;
AMENDING THE SPECIFIC USE PERMITS SECTION BY ADDING
PERSONAL CARE FACILITIES; ADDING CERTAIN REGULATIONS FOR
PERSONAL CARE FACILITIES; 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 interests
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 determined that for the protection of residents living in
personal care facilities, the minimum standards shall be those standards set forth in the Health and
Safety Code, Chapter 247 and administered by the Texas Department of Human Services; 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:
L:\CTYDOCS\ORD\DRAFT\ZONING\490Y-7.ORD
SECTION 1.
Section 4, "Definitions," of Ordinance No. 480, as amended, is hereby amended by adding
definitions for "Housing Unit," "Impervious Coverage," and "Personal Care Facility," by deleting
the current definition of "Open Space" and by adding the new definition of "Open Space" thereto:
Housing Unit - A room or group of rooms used by one or more individuals living separately
from others in the structure, with direct access to the outside or to a public hall and shall
contain separate bathroom facilities and may contain separate kitchen facilities.
Impervious Coverage - the combined area occupied by all principal and accessory buildings,
structures, and paved parking, sidewalks, and driveway areas.
Open Space - an area of a lot either left in a natural state or receiving permeable vegetative
landscape treatment (e.g., ponds and lakes, either natural or manmade, and water features,
grass, shrubs, flowers, trees, ground cover, etc.).
Personal Care 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."
SECTION 2.
Section 45.1 (39), "Specific Use Permits "of Ordinance No. 480, as amended, is hereby added to read
as follows:
"39. Personal care 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 45.9 of this
ordinance.
ALL, except AG, RE, SF -1A, SF -1B,
SF -30, SF -20A., SF -20B
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SECTION 3.
Section 45.9, "SPECIFIC REQUIREMENTS FOR PERSONAL CARE FACILITIES," of
Ordinance No. 480, as amended, is hereby added to read as follows:
General Criteria
• Approval of personal care 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.
• Personal care facilities shall meet all applicable city codes.
• Personal care facilities shall meet the licensing requirements of the Texas
Department of Human Services.
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:
Cafeteria and/or dining room, housekeeping service; furnish or provide transportation
to local facilities that provide a library, game room, and exercise room.
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 Ancillaa 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:
• Snack bar;
• Beauty or barber shop for resident use only;
• Convenience retail shop to provide for the sale of food items, non - prescription
drugs, small household items, and gifts;
• Pharmacy for resident use only;
• 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 for a personal care facility shall submit a Concept Plan
which meets the requirements of Section 41 or a Site Plan which meets the requirements of
L:\ CTYDOCS \ORD\DRAFT\ZONING \480Y -7.ORD
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:
• 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 housing 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 proposed number of occupants and service personnel;
• A floor plan and list of intended uses and the percentage of total floor area that
each use will occupy.
Development Regulations
The following standards and regulations shall apply unless a more stringent standard
is required by the underlying zoning district or the Corridor Overlay Zone (in which
case, the more stringent regulation shall apply):
• Height: When located within one hundred (100) feet of property zoned as
single family residential or designated as low or medium density
residential on the city's land use plan No building or structure
shall exceed one (1) story, nor shall it exceed thirty -five (35) feet
in height if located
When located more than 100' from nronertv zoned as single
familv residential or designated as low or medium densitv
residential on the city's land use plan Buildings and structures
shall be governed by the height regulations of the underlying
zoning district.
• Front Yard: There shall be a minimum front yard setback of not less than
thirty (30) feet, except where the lot abuts property zoned as
single - family residential or designated as low or medium density
residential on the city's land use plan, there shall be a minimum
front yard setback of not less than forty (40) feet.
Side Yard: There shall be a minimum side yard setback of not less than thirty
(30) feet, except where the lot abuts property zoned as single -
family residential or designated as low or medium density
residential on the city's land use plan, there shall be a minimum
side yard setback of not less than one hundred (100) feet.
L:\ CTYDOCS \ORD\DRAFTnZONMG \480YJ.ORD 4
• Rear Yard: There shall be a minimum rear yard setback of not less than forty
(40) feet, except where the lot abuts property zoned as single -
family residential or designated as low or medium density
residential on the city's land use plan, there shall be a minimum
rear yard setback of not less than one hundred (100) feet.
• Maximum All buildings or structures shall have a maximum lot coverage not
Lot Coverage: exceeding the lesser of the following: underlying zoning district
regulation or fifty (50) percent of the lot area.
• 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.
• Floor Area: Each housing unit shall have a minimum floor area based on the
unit type:
• 350 s.f. for efficiency unit
• 450 s.f. for one - bedroom unit
• 550 s.f. for two - bedroom unit
Licensing
• Maximum The maximum number of housing units per acre shall be twelve (12)
Density: provided at least twenty (20) percent of the lot area is devoted to open
space.
• Impervious The maximum impervious coverage shall not exceed seventy (70) percent
Coverage: of the total lot area.
• Bufferyards: Bufferyards shall be required in accordance with the underlying zoning
district and corridor overlay zone bufferyard requirements, if applicable.
• Interior Interior landscaping shall be required in accordance with the current
Landscaping landscaping ordinance and corridor overlay zone requirements, if
Area: applicable.
• Parking: Ten (10) spaces plus 1.5 spaces per each 3 beds.
Every Personal Care Facility shall be licensed by the Texas Department of
Human Services as required by the Personal Care Facility Licensing Act, Section
247.021, Tex. Health and Safety Code, V.T.C.A.
L:\CTYDOCS\ORD\DRAFTIZONfNG\480Y-7.ORD
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
L:\ CTYDOCS \ORD\DRAFT\ZONMG \480Y- 7.ORD 6
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 FIRST READING ON THIS � DAY OF
,1997.
MA OR
L:\ CTYDOCS \ORD\DRAFT\ZONING \480Y -7.ORD 7
ATTEST:
*& CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS / DAY OF
3dU ,1997.
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
� a � 0 24
CITY ATTORNEY
OMER
lkyRaw
ATTEST:
CITY SEC'2.ET.4,VY
L:\ CTYDOCS \ORD\DRAFT\ZONRJG \480Y -7.ORD
Star-Telegram FED I.D N0. 22 3148254
AD ORDER NO. 11286568
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57
likSTATE OF TEXAS
my of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared TAMMIE BRYANT Billing Specialist 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 following clipping of an advertisement was
published in the above named paper on the following dates:
1- DATE I AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT
7/04ME 11286568 ORDINANCE NO . 48 I358 1x 56L 56 . 79 44 . 24
--- _ 1-1 4--37/04 _.ORDINANCE NO.480-Y ---- - -- - -
AN ORDINANCE AMENDING
ORDINANCE NO. 480 AS I
AMENDED, THE COPAPRE-
- HENSIVE ZONING ORDI- -- - - -- — --
NANCE OF THE CITY OF
SOUTHLAKE TEXAS;-
AMENDING CERTAIN DEFINI-
TIONS;AMENDING THE SPE-
CIFIC USE PERMITS SEC-
TION BY ADDING PERSONAL
CARE FACILITIES; ADDING
CERTAIN REGULATIONS
•-- - FOR PERSONAL CARE FA-
CILITIES,. PROVIDING THAT
THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDI-
NANCES PROVIDING A SEV-
ERABILITY CLAUSE PROVID- ------
ING FOR A PENALTY FOR VI-
OLATIONS.VIDING
A SAVI GFS
LGATIONOINIDING P AM IN
M;PROVIDING FOR PUB-
ATION S I
`
IN THE OFFICIALSPAPERL AND PROVID-
ING AN EFFECTIVE DATE.
SECTION 6. ME, THIS THE DAY OF
S Any person, firm or corpora- 8 t h JULY -- , 1997
tion who violates, disobeys, ,r?..:PL4,
omits, neglects or refuses -o: '•" RN�NDA R. \
to comply with or who re-:? �i COKE � ^ `�� e t.
sists the enforcement of any;+i - :�� V nC Notary Public t.
of the provisions of this ordi-;,,: i'i CC , IISSION EXPIRES nance shall be fined not,, + '
more than Two Thousand �,;.-... SSEP1'EMgER 8, 1999
Dollars ($2,000.00) for h��o`s
each offense.Each day that TARRANT COUNTY,TEXAS
a violation is permitted to ex-
ist shall constitute a sepa-
rate offense.
PASSED AND APPROVED
THIS THE 1ST DAY OF JULY.
7DYRUCLREGU-
LAR CITCONI ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
ING OF THE CITY OF SOUTH-
MAYKE,TEXAS —TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----j
RICKSTACY -
ATTEST:
SANDRA L.RANI:), ..,.. .A....ift...)
CITY SECRETARY
APPROVED AS TO FORM:
E.ALLEN TAYLOR,JR.,
SCITY ATT IR €Y
tar-IeIegra '
REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
ACCOUNT AMOUNT
11286568 NUMBER CIT57 DUE 44 .24
PAGE 1 A IF ANY QUESTIONS, PLEASE CALL(817)390-7885
IDCITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY
SOUTHLAKE., TX 76092-9595 THIS AMOUNT, 44 . 24
PLEASE WRITE IN AMOUNT ENCLOSED
Star-Telegram FED. I.D. NO 22-3148254
AD ORDER NO. 11138761
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO.
CIT57
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared TAMMIE BRYANT Billing Specialist 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 following clipping of an advertisement was
published in the above named paper on the following dates:
DATE AD ORDER NO j DESCRIPTION AD SIZE TOTAL
INCHlLINE RATE • AMOUNT
6/06ME 1113876 NOTICE OF PUBLIC I358 lx 67L 6? . 79 52 . 93
- OTICE ISFHEREBY GIVEN o 06/06-06/06 all interested persons that
the City Council of the City of
Southlake, Texas, will be
- holding a public hearing the
Regular City Council Meeting
to be held on June 17,I
1997, at 6:00 p.m. in the
City Council Chambers of
- City Hall, 667 North Carroll ----
Avenue,Southlake,Texas.
Purpose of the hearing is to
consider the second reading
_._ of the following ordinance: _..... __._.
ORDINANCE NO.480-Y
AN ORDINANCE AMENDING
ORDINANCE NO. 480_ AS,
AMENDED, THE COMPRE-'
'HENSIVE ZONING ORDI-
, 'NANCE OF THE CITY OF
AKE TEXAS;
AMENDING TIONS; CERTAIN DEFINI-
TIONS;AMENDING THE SPE-
CIFIC USE PERMITS SEC C•j.-.4
-
C BY ADDING PERSONAL
CARE FACILCILITIES• ADDING
CERTAIN REGULATIONS
FOR PERSONAL CARE FA-
C lRNDIH LHBERNT THISODINACESABSWO O BEFORE ME, THIS THE 12th DAY OF JUNE19 7
CUMULATIVE OF ALL ORDI-
NANCES_, ^ ,
INGFORPROVIDING A SEV- Rr p`h /1 `�
ERABILIS'CLAUSE'PROVID- ��....,•.oh .•�I�+)�'M��,
ING IQO A PENALTY FOR VI- S'�' '�:��, RHONDA R. COKE ! Notary Public OLATIONS HEREOF,. $ .. `,�,��
PROVIDING A SAVINGS J•E
CLAUSE; PROVIDING FOR iS .1• COMMISSION EXPIRES
PUBLICATION IN PAMPHLET r e-•, %L
FORM;PROVIDING FOR PUB- y4;�e'•......�+�s $ TARRANT COUNTY,TEXAS
SEPTEMBER 8, 1999
LICATION IN I HE OFFICIAL , ,No�C. y�,�-4 a
NEWSPAPER,. AND PROVID-
ING AN EFFECTIVE DATE.
• SECTION 7.
All rights and remedies of the ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
of Southlake are ex-
' pressly saved as to any and
all violations of the provi-
sions of Ordinance No.480, TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT��
as amended, or any other' _
•ordinancces affecting zoning
which have
ac cued at the time of the ef-
fective date of this ordi-
nance; and, as to such ac-
crued violations and all
pending litigation, both civil ram OFFICE OF \
and criminal, whether pend-
ing in court or not, under REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
such ordinances same shall CITY SECRETARY
not be affected by this ordi-
nance but may be prosecut-
ed until final dispostion by ACCOUNT AMOUNT
the courts.City of Southlake NUMBER C I T 5 7 DUE 52 .93
/s/Sandra L.LeGrand,
City Secretary IF ANY QUESTIONS, PLEASE CALL(817)390-7885
PAGE •I O11
CITY OF SOUTHLAKE PLEASE PAY
667 N CARROLL AVE
SOUTHLAKE , TX 76092-9595 THIS AMOUNT 52 . 93
PLEASE WRITE IN AMOUNT ENCLOSED