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HomeMy WebLinkAboutItem 04 - Assisted Living FacilityCCI rEhfi _L3 MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER %1q___ SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: JUNE 21, 2011 SUBJECT: ZONING ORDINANCE AMENDMENTS— AM11 -03; DEFINITION OF ASSISTED LIVING FACILITY RECOMMENDATION: Staff recommends the City Council and the Planning and Zoning Commission consider the proposed amendments relative to the definition of personal care facility and take any other action necessary. BACKGROUND INFORMATION: At a workshop in April 2009, the Commission discussed the definition of "personal care facility" and considered amending that definition to further clarify the necessary components of such a use to assist the Commission and City Council in the future. No action was taken at the meeting pending further research relative to state regulatory requirements for such facilities. A later workshop was held on November 16, 2010 to further discuss the definition of personal care facility. Conversation centered on the transition away from the term "personal care facility" to a more inclusive term "assisted living facility." Staff presented a pamphlet from the Texas Department of Aging and Disability Services, which has oversight on these types of uses. The pamphlet gives a brief overview of the concept of "assisted living ", its definition and types of services provided and a description of the types of residents that might live in an assisted living facility. Staff also provided a survey of area cities and their definition for this type of use. After further discussion of the current outdated definition of "personal care facility" and after review of the area survey and pamphlet from the Texas Department of Aging and Disability Services, the Commission selected the following definition used by the City of Grand Prairie as an appropriate definition for consideration; Assisted living facility shall mean 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 that provides personal care services as defined by Chapter 247 of the Texas Administrative Code. Personal care services include assistance with meals, dressing, movement, bathing, or other personal needs or maintenance; the administration of medication; or the general supervision or oversight of a person's physical and mental well - being. WZMAM11 -03.4 6/15/20114:58:03 PM This definition is basically a word - for -word representation of the definition established by the Texas Department of Aging and Disability Services. Staff was asked to research further what was contained in Chapter 247 of the Texas Administrative Code. This chapter, contained within the Texas State Health and Safety Code, is the legal document which provides the complete statutory guidelines for defining, establishing, and operating an assisted living facility within the state of Texas. Staff recommends that the definition for "personal care facility" be removed from the definition section of the ordinance and replaced by the above referenced definition of an "assisted living facility." Also, the reference to "personal carte facility" would be removed from the conditional use sections of the zoning ordinance where applicable ( "R- MF -1," 11R- MF-2," "Chl," and "PO ") and replaced with "assisted living facility." See the attached draft ordinances, pamphlet and a portion of Chapter 247 from the Texas State Health and Safety Code. Irs O:I MAM11 -03.4 6112/20112:53:12 PM SECTION 12. DEFINITIONS DRAFT use for beverage purposes, either alone or when diluted. 5. ALLEY shall mean a public way, public space or thoroughfare which affords only secondary means of access to property abutting thereon. 6. AMUSEMENT PARK shall mean a lot, tract or parcel of land, or any improvement thereon, either temporary or permanent, used in whole or in part for the operation and maintenance of any game of skill or chance, any circus, carnival, any riding device or devices, stationary or movable, or any combination thereof, or any animal, any of which is operated for a profit. 7. APARTMENT shall mean a room or suite of rooms arranged, designed or occupied as a residence by a single family, individual or group of individuals. 8. APARTMENT HOUSE shall mean any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three (3) or more apartments or which is occupied as the home or residence of three (3) or more families living independently of each other and maintaining separate cooking facilities. 9. AREA OF LOT shall mean the net area of the lot and shall not include portions of streets and alleys. 9a. ASSISTED LIVING FACILITY shall mean 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 that provides personal care services as defined by Chanter 247 of the Texas Administrative Code. Personal care services include assistance with meals, dressing, movement, bathing, or other personal needs or maintenance;_ the administration of medication: or the aeneral supervision or oversight of a Person's Physical and mental well -bein . 10. ATTACHED shall mean physical connection above the top of the floor line of the first floor. 10a. AUTOMOBILE IMPOUND shall mean a business which provides service of towing, moving or removing wrecked or disabled vehicles for the sole purpose of temporarily storing such wrecked or disabled vehicle. The impound may be used only for temporarily storing wrecked or disabled vehicles and shall not be used for salvaging or scrap, or selling of second- 062111 3 Section 12 A -011 RUM DRAFT occurring on the same property, has the greatest effective producing power. 328. PRIVATE shall mean the exclusion of those who have not been invited. 329. PRIVATE CLUB shall mean a social organization to which membership is by invitation only, and its meeting place in which only members and their guests are permitted, but excluding private clubs in which alcoholic beverages are stored, possessed or consumed. 330. PROFESSIONAL SERVICE shall mean work performed by a member of a profession licensed as a profession by the State of Texas. 331. PUBLIC shall mean promotion of a public cause orservice, including utilities having a franchise from the City of Grapevine, but excluding other profit - making organizations. 331 a. PUBLIC RAIL STATION shall mean a facility owned by a municipal, state or federal entity or a public transportation authority where passengers may board a type of rail service which may be light rail, commuter rail, or some other form of passenger rail service. Such facilities may include provisions for parking, and other uses such as retail, office, or meeting space. 332. PLANNED COMMERCIAL CENTER shall mean a center consisting of one, (1) or more lots having a total site area of a minimum of five (5) acres with a combination of permitted and conditional uses in the zoning district for which the zoning application is made. 333. RESERVED FOR FUTURE USE —•• ���— ••�••�.....�.. fOUF .� �. per-sons ..... ..... ...v••vv, •• v••v v• •••Y•Y •�.avI11�IYY, YYY MIIM VIIVI�VI �V 1 prove f addition, provides Fn*noF treatment attending — undeF the dorertion lRin ens d by and the Texas supervision of State the Fesident's of M l Examiners, physi.naian � -B'nQakr, ed,ina food, f f 7 , Y , so long 334. PLANNED BUSINESS PARK shall mean a center consisting of one, (1) or 062111 Section 12 19 SECTION 21. R -MF -1 MULTIFAMILY DISTRICT DRAFT 4. Meeting, party and/or social rooms in common areas only. 5. Cabana, pavilion or roofed area. 6. Mechanical and maintenance equipment related to a principal use no nearer than one hundred twenty (120) feet to any adjacent residentially zoned district and housed in an enclosed building. 7. Screened garbage and/or solid waste storage on a concrete pad, no nearer than fifty (50) feet to any adjacent R -3.5, R -TH, R -5.0, R -7.5, R -12.5, R -20 zoned district, and not within the front setback. 8. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinance. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of Section 48 and a Conditional Use Permit is issued. 1. Public and non - profit institutions of an educational, religious or cultural type excluding correctional institutions and hospitals. 2. Non - profit community centers. 3. Memorial gardens and cemeteries. 4. Nursing homes. 5. Day care centers (See Section 21.N.). 6. Personal r °r° Assisted Living Facilities (See Section 21.N.). 7. Any off - street parking for churches, convents and other places of worship developed on property other than the platted lot of record of the principal use, provided all or a portion of the property utilized for parking is located within 300 feet of the platted lot of record. 8. The following conditional uses may be permitted, provided they meet the provisions of Section 48, are located within an area due north and northeast of property zoned and developed as a planned commercial 062111 2 Section 21 SECTION 22, R -MF -2 MULTIFAMILY DISTRICT DRAFT 4. Meeting, party, and/or social rooms in common areas only. 5. Cabana, pavilion, or roofed area. 6. Mechanical and maintenance equipment related to a principal use no nearer than one hundred twenty (120) feet to any adjacent residentially zoned district, and housed within an enclosed building. 7� Screened garbage and /or solid waste storage on a concrete pad and no nearer than fifty (50) feet to any adjacent R -3.5, R -TH, R -5.0 R- 7.5, R -12.5, R -20 zoned district and not within the front setback. 8. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinance. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of Section 48 and a Conditional Use Permit is issued. 1. Public and non - profit institutions of an educational, religious, or cultural type excluding correctional institutions and hospitals. 2. Nonprofit community centers. 3. Memorial gardens and cemeteries. 4. Nursing Homes. 5. Day Care Centers (See Section 22.N.). 6. PeFsenal G Assisted Living Facilities (See Section 22.N.). 7. Any off - street parking for churches, convents and other places of worship developed on property other than the platted lot of record of the principal use, provided all or a portion of the property utilized for parking is located within 300 feet of the platted lot of record. 8. The following conditional uses may be permitted provided they meet the provisions of Section 48, are located within an area that is no greater than 3/ of a mile due north and northeast of property zoned and developed as a Planned Commercial Center containing in excess 062111 2 Section 22 SECTION 24. C -N NEIGHBORHOOD COMMERCIAL DRAFT to the public, including display, service and sales, greater than ninety -five hundred (9,500) square feet. 10. Personal Gage Assisted Living Facilities. 11. Any use allowed within this district with drive -in or drive - through service. 12. Inns 13. Outside display and sales of merchandise. 14. Call centers. 15. Public institutions and nonprofit institutions of any educational, religious or cultural type, including private and charter schools, but excluding corrective institutions and hospitals. 16. Retail sales of secondhand goods in an enclosed building where the size of the space exceeds 3,000 (three thousand) square feet in area. 17. Any use allowed within this district with outdoor speakers. D. LIMITATION ON USES: The C -N District is intended for neighborhood scale shopping and service facilities and the total retail or commercial shopping floor area on any lot or parcel shall not exceed one hundred thousand (100,000) square feet. No individual retail store, office, personal service establishment, restaurant or other uses provided for in Section 24.A. shall have a floor area open to the public, including display, service and sales, greater than ninety -five hundred (9,500) square feet. 2. The maximum size of any C -N District shall not exceed twelve (12) acres in size. 3. The hours of operation for uses provided for in Section 24.C.10 shall be limited to between the hours of 7:00 a.m. to 10:00 p.m. unless specifically provided for in the Conditional Use Permit, E. PLAN REQUIREMENTS: No application for a building permit for construction of a principal building shall be approved unless: 062111 Section 24 3 SECTION 27. P -O PROFESSIONAL OFFICE DISTRICT DRAFT from the Texas Department of Health and licensure from the Texas Cosmetology Commission B. ACCESSORY USES: The following uses shall be permitted as accessory uses, provided that such use shall be located not less than twenty (20) feet from any street right -of -way: 1. Mechanical equipment located within 120 -feet of any residentially zoned district must meet the standards established for noise regulation as stated in Section 55. Performance Standards. 2. Screened garbage storage on a concrete pad and no nearer than fifty (50) feet to a residentially zoned district and not located between the front of the building and any street right -of -way. 3. Parking of automobiles, provided that such facilities are within sixty (60) feet of a residentially zoned district be separated from said lot by a blind fence or wall at least six (6) feet high. 4. Parking garage. 5. Signs advertising uses on the premises in accordance with Section 60 of this Ordinance. C. CONDITIONAL USES: Restaurants, including alcoholic beverage sales provided a special permit is issued in accordance with Section 42.13. of the Ordinance. Drive -in and drive - through restaurants shall not be allowed. 2. Funeral homes and mortuaries. 3. Personal rare Assisted Living Facilities 4. Any use allowed within this district with drive -in or drive- through service. 5. Planned Professional Office Centers 6. Owner or caretaker residential facilities having accommodations for and occupied by only one family within a single professional office building. 062111 2 Section 27 �) fa �2ƒ �2 kp W§ moo; c G 0 ■ § ® £ Z c ®— e o § X22 �o °& �� 2 Z. m k k�c� ��kW /mot §qq c0 k ■ §E 7� _ §§�a�2 ��2>2 Et�2 ® 3> §§ �2 E�41 m"2 L- r= 2 2 2 E 2 0 - © c am 2 2 MO CL ©�$ ©�2�qk�w�' GL- � _ k� 7 2�— c— w cn i t Q 2 2 ©� k / E d 9� c 2 m 1 3 EL 2��oo£��moch ta.E■ ■E @oe £vim 00kC �2p7M7 2 k 7 u �U F u o ■ c 2 § o Lo 2 E 5 CL 9E�2¥ k 6t22 > < ■ 0 to OL V ■ ® E © ■ � X222 L CL @ m ■ 2eeh©C fA k�■■ a& ®■- AL 2£x2 ECP � ■ @ 2 §2 K� � HEALTH AND SAFETY CODE CHAPTER 247. ASSISTED LIVING FACILITIES Page 1 of 45 HEALTH AND SAFETY CODE TITLE 4. HEALTH FACILITIES SUBTITLE B. LICENSING OF HEALTH FACILITIES CHAPTER 247. ASSISTED LIVING FACILITIES SUBCHAPTER A. GENERAL PROVISIONS Sec. 247.001. SHORT TITLE. This chapter may be cited as the Assisted Living Facility Licensing Act. Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1999, 75th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999. Sec. 247.0011. SCOPE, PURPOSE, AND IMPLEMENTATION. (a) The purpose of this chapter is to ensure that assisted living facilities in this state deliver the highest passible quality of care. This chapter and the rules adopted under this chapter establish minimum acceptable levels of care, and a violation of a minimum acceptable level of care established under this chapter is a violation of law. For purposes of this chapter, components of quality of care include: (1) resident independence and self- determination; (2) humane treatment; (3) conservative intervention; (4) access to care; (S) continuity of care; (6) coordination of services; (7) safe surroundings; (8) professionalism of service providers; (9) participation in useful studies; and (10) quality of life. (b) The department shall protect residents of assisted living facilities by: (1) adopting rules relating to quality of care and quality of life; (2) adopting rules relating to the assessment of the http: / /www.statutes.legis. state .tx.us /does/hs/htm/hs.247.hbn 4/27/2011 HEALTH AND SAFETY CODE CHAPTER 247. ASSISTED LIVING FACILITIES Page 2 of 45 condition and service needs of each resident; (3) promoting policies that maximize the dignity, autonomy, privacy, and independence of each resident; (4) regulating the construction, maintenance, and operation of assisted living facilities; (5) strictly monitoring factors relating to the health, safety, welfare, and dignity of each resident; (6) imposing prompt and effective remedies for violations of this chapter and rules and standards adopted under this chapter; (7) providing a residential environment that allows residents to maintain the highest possible degree of independence and self - determination; and (8) providing the public with helpful and understandable information relating to the operation of assisted living facilities in this state. (c) Assisted living services are driven by a service philosophy that emphasizes personal dignity, autonomy, independence, and privacy. Assisted living services should enhance a person's ability to age in place in a residential setting while receiving increasing or decreasing levels of service as the person's needs change. Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999, Sec. 247.002. DEFINITIONS. In this chapter: (1) "Assisted living facility' means an establishment that: (A) furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; (B) provides: (i) personal care services; or (ii) administration of medication by a person licensed or otherwise authorized in this state to administer the medication; and (C) may provide assistance with or supervision of the administration of medication. (2) "Board" means the executive commissioner of the Health and Human Services Commission. (3) "Controlling person" means a person who controls an http: / /www.statutes.legis. state .tx.us /docs/hs/htm/hs.247.htm 4/27/2011 HEALTH AND SAFETY CODE CHAPTER 247, ASSISTED LIVING FACILITIES Page 3 of 45 assisted living facility or other person as described by Section 247.005. (4) "Department" means the Department of Aging and Disability Services. (5) "Personal care services" means: (A) assistance with feeding, dressing, moving, bathing, or other personal needs or maintenance; or (B) general supervision or oversight of the physical and mental well -being of a person who needs assistance to maintain a private and independent residence in an assisted living facility or who needs assistance to manage the person's personal life, regardless of whether a guardian has been appointed for the person. (6) "Qualified religious society" means a church, synagogue, or other organization or association that is organized primarily for religious purposes and that: (A) has been in existence in this state for at least 35 years; and (B) does not distribute any of its income to its members, officers, or governing body other than as reasonable compensation for services or reimbursement of expenses. (7) "Commissioner" means the commissioner of the department. Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1, 1991. Amended by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 608, Sec. 2, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 8.092, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1248, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1106, Sec. 2;, eff, September 1, 2009,, Sec. 247.0025. IMMEDIATE THREAT OF HARM. For purposes of this chapter, there is considered to be an immediate threat to the health or safety of a resident, or a situation is considered to put the health or safety of a resident in immediate jeopardy, if there is a situation in which an assisted living facility's noncompliance with http: / /www.statutes.legis. state .tx.us /dorAwbtm/hs.247.htm 4/27/2011 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 82 -73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 12 DEFINITIONS; SECTION 21, "R -MF -1" MULTIFAMILY DISTRICT REGULATIONS; SECTION 22, "R -MF -2" MULTIFAMILY DISTRICT REGULATIONS; SECTION 24, "CN" NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS; SECTION 27, "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS {$2,000.00} AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE k III 131 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That Ordinance No. 82 -73, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix "D" of the City Code is hereby amended in the following particulars, and all other sections, subsections, paragraphs, definitions, words and phrases of said Appendix "D" and not amended but hereby ratified, verified, and affirmed: A. That Section 12, Definitions is hereby amended with the addition of subsection A.9a. to read as follows: "9a. ASSISTED LIVING FACILITY shall mean 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 that provides personal care services as defined by Chapter 247 of the Texas Administrative Code. Personal care services included assistance with meals, dressing, movement, bathing, or other personal needs or maintenance; the administration of medication; or the general supervision or oversight of a person's physical and metal well- being." B. That Section 12, Definitions is hereby amended by amending subsection 333. in its entirety to read as follows: "333. RESERVED FOR FUTURE USE" C. That Section 21, "R -MF -1" Multifamily District Regulations is hereby amended by amending subsection C.6, in its entirety to read as follows: "6. Assisted Living Facilities (See Section 21.N.)." D. That Section 21, "R -MF -1" Multifamily District Regulations is hereby amended by amending subsection N. to read as follows: "N. DESIGN REQUIREMENTS FOR DAY CARE CENTERS AND ASSISTED LIVING FACILITIES: The following minimum design requirements shall be provided in the R -MF -1 Multi - Family District. 1. MINIMUM LOT SIZE OF DAY CARE CENTERS AND ASSISTEDLIVINGFACILITIES: Lots for day care centers and assisted living facilities permitted as a conditional use shall have a minimum lot area of one (1) acre. 2. MINIMUM AREA REGULATIONS OF DAY CARE CENTERS AND ASSISTED LIVING FACILITIES: Thefollowing minimum standards shall be required for day care centers and assisted living facilities permitted as a conditional use: a. Depth of front yard, feet - 30 b. Depth of rear yard, feet - 25 C. Width of side yard, each side - 20 d. Width of lot, feet - 150 e. Depth of lot, feet - 175 °" E. That Section 22, "R -MF -2" Multifamily District Regulations is hereby amended by amending subsection C.6. in its entirety to read as follows: "6. Assisted Living Facilities (See Section 22.N.)." F. That Section 22, "R -MF -2" Multifamily District Regulations is hereby amended by amending subsection N. to read as follows: "N. DESIGN REQUIREMENTS FOR DAY CARE CENTERS AND ASSISTED LIVING FACILITIES: The following minimum design requirements shall be provided in the R -MF -1 Multi - Family District. ORD. NO. 2 1. MINIMUM LOT SIZE OF DAY CARE CENTERS AND ASSISTED LIVING FACILITIES: Lots for day care centers and assisted living facilities permitted as a conditional use shall have a minimum lot area of one (1) acre. 2. MINIMUM AREA REGULATIONS OF DAY CARE CENTERS AND ASSISTED LIVING FACILITIES: The following minimum standards shall be required for day care centers and assisted living facilities permitted as a conditional use: a. Depth of front yard, feet - 30 b. Depth of rear yard, feet - 25 C. Width of side yard, each side - 20 d. Width of lot, feet - 150 e. Depth of lot, feet - 175 " G. That Section 24, "CN" Neighborhood Commercial District Regulations is hereby amended by amending subsection C.10. in its entirety to read as follows: 1110. Assisted Living Facilities" H. That Section 27, "PO" Professional Office District Regulations is hereby amended by amending subsection C.3. in its entirety to read as follows: "3. Assisted Living Facilities" Section 2. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 3. That if any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court or competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. ORD. NO. 3 Section 4. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21st of June 2011. APPROVED: ATTEST. APPROVED AS TO FORM: ORD. NO. 4