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HomeMy WebLinkAboutAM1992-06DATE: NOVEMBER 9, 1992 TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION FROM: TRENT PETTY, CITY MANAGER H.T. HARDY, DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: PROPOSED AMENDMENTS TO COMPREHENSIVE ZONING ORDINANCE 82-73, SECTION 12, DEFINITIONS, SECTION 21, "R- MF -1" MULTI FAMILY, SECTION 22, "R -MF -2" MULTI FAMILY, SECTION 24, "CN" NEIGHBORHOOD COMMERCIAL AND SECTION 27, "PO" PROFESSIONAL OFFICE FOR PERSONAL CARE FACILITIES MEETING DATE: NOVEMBER 17, 1992 RECOMMENDATION Staff recommends the City Council and the Planning and Zoning Commission consider adopting the proposed amendments for personal care facilities. BACKGROUND The proposed amendments are the result of a citizen's request to consider allowing personal care facilities in Grapevine. Mr. J.C. Jones requested at the Planning and Zoning Commission's regular September 15, 1992 meeting to consider the proposed use. The Planning and Zoning Commission tabled request to the September 29, 1992 Workshop, so Staff could survey how other cities regulate personal care facilities. The Planning and Zoning Commission after discussing the proposed personal care facilities and other cities' regulations, asked Staff to bring forth proposed amendments at the October 20, 1992 regular meeting. The proposed amendments were to define personal care facilities and to list it as a conditional use in "R -MF -1", "R -MF -2", "CN" and "PO" districts and specific parking regulations. The Planning and Zoning Commission after reviewing the proposed amendments at the October 20, 1992 meeting, authorized Staff to set a public hearing for the November 17, 1992 meeting to consider adopting the proposed amendments. Fa 333. PERSONAL CARE 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 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 lona as such services are provided to residents only. 332-359. RESERVED FOR FUTURE USE. 360. RAILROAD EQUIPMENT STORAGE YARDS shall mean a place for the storage of railway cars, boxcars and engines and related equipment. 361. RAILWAY FREIGHT STATION shall mean an establishment which charges for the transport of goods, by railway from one city to another, designed for storing and hauling of goods so transported or to be so transported, but excluding the outside storage of railway cars, boxcars, and engines. 362. REAR YARD shall mean a space unoccupied by a principal structure extending for the full width of the lot between a principal structure and the rear lot line. 363. RELIGIOUS INSTITUTION shall be held to include a church as defined herein. 364. RETAIL STORE shall mean a place where goods, wares, merchandise and commodities are sold and transferred directly to the purchaser or consumer in small quantities such as by the single yard, pound, gallon, single articles as opposed to wholesale trade. 365. REVERSE FRONTAGE LOTS shall mean a corner lot, the rear of which abuts the side of another lot. 366-388. RESERVED FOR FUTURE USE. 389. SALVAGE YARD shall mean the outside storage of refuse and the recovery of usable portions of same. 051992 18 Section 11-12 R -MF -1 Multi Family Section 21 Draft 10/21/92 2. Swimming pools and tennis courts no nearer than seventy-five (75) feet to any residentially zoned district. 3. Laundry room for use of tenants. 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. 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 Care Facilities (See Section 21.N.) D. LIMITATIONS OF USES: None specified. E. PLAN REQUIREMENTS: No application for a building permit for construction of a principal building shall be approved unless: 1. A Plat, meeting all requirements of the City of Grapevine has been approved by the City Council and recorded in the official records of Tarrant County. 2. A Site Plan, meeting the requirements of Section 47, has been approved. 081688 2 Section 21 3. A Landscape Plan, meeting the requirements of Section 53, has been approved. F. DENSITY REQUIREMENTS: The following density requirements shall apply. 1. MAXIMUM DENSITY: The maximum density within the R- MF -1 District shall not exceed twelve (12) dwelling units per gross acre. 2. LOT SIZE: Lots for any permitted use shall have a minimum area of two (2) acres. Day care centers and personal care facilities permitted as a conditional use shall meet the requirements of Section 21.N.1. 3. MINIMUM OPEN SPACE: Not less than twenty-five (25) percent of the gross site area shall be devoted to open space, including required yards and buffer areas. Open space shall not include areas covered by structures, parking areas, driveways and internal streets. A portion of the minimum open space equivalent to two hundred fifty (250) square feet per dwelling unit shall be devoted to planned and permanent usable recreation areas. The amount, location and type of usable recreation space shall be shown on the site plan. 4. MAXIMUM BUILDING COVERAGE: The combined area occupied by all main and accessory buildings and structures shall not exceed fifty (50) percent of the total lot area. 5. MAXIMUM IMPERVIOUS AREA: The combined area occupied by all main and accessory buildings and structures, and paved parking and driveway areas shall not exceed seventy-five (75) percent of the total lot area. 6. MINIMUM FLOOR AREA: Every dwelling hereafter erected, constructed, reconstructed or altered in the R -MF -1 District shall have a minimum square feet of floor area, excluding common corridors, basements, open and screened porches or decks, and garages as follows: a. Efficiency unit, square feet...... 600 b. One bedroom unit, square feet..... 750 081688 3 Section 21 C. Two bedroom unit, square feet..... 900 d. Three bedroom unit, square feet... 1000 e. Units containing a minimum of six hundred (600) square feet to seven hundred fifty (750) square feet shall not exceed fifteen (15) per cent of the total number of units in the development. G. AREA REGULATIONS: The following minimum standards shall be required. Day care centers and personal care facilities permitted as a conditional use shall meet the requirements of Section 21.N.2. 1. Depth of front yard, feet ................... 30 2. Depth of rear yard, feet .................... 25 3. Width of side yard, each side ............... 20 4. Width of lot, feet ..........................200 5. Depth of lot, feet ..........................200 H. BUFFER AREA REGULATIONS: Whenever an R -MF -1 District is located adjacent to an existing or zoned residential district or lower density development, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of forty (40) feet from the adjoining property line. The setback area shall contain appropriate landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. I. HEIGHT REGULATIONS: The following maximum height regulations shall be observed. 1. The maximum height of the principal structures shall be two (2) stories not to exceed thirty-five (35) feet. Whenever a multi -family structure is erected contiguous to an existing single-family dwelling, the number of stories and height of the multi -family structure shall not exceed the number of stories and height of the contiguous single- family dwelling. In no instance shall the height of a multi -family structure exceed two (2) stories or thirty-five (35) feet. 2. The maximum height of an accessory structure shall be one (1) story not to exceed fifteen (15) feet. 081688 4 Section 21 111 11" •. , _ ♦ • �. 6. The minimum distance between any two (2) unattached buildings shall be twenty (20) feet or the height of the building whichever is greater. Whenever two (2) principal structures are arranged face to face or back to back, the minimum distance shall be fifty (50) feet. The point of measurement shall be the exterior walls of the buildings and does not include balconies, railings or other architectural features. 7. Off-street parking areas shall not be closer than ten (10) feet to any adjacent property line. Whenever an off-street parking, vehicular use or storage area is within sixty (60) feet of any adjacent residential district, it shall be screened by a fence, wall or berm at least six (6) feet high. 8. Parking of recreational vehicles, trailers, motor homes, boats, towed trailers and similar vehicular equipment are permitted provided they are located in a designated vehicular use area which is screened from adjacent residential districts by a fence, wall or berm at least eight (8) feet in height. No vehicular use or storage area shall be located in a required front yard or adjacent to a public right-of-way. Such areas shall also be located at least ten (10) feet from any adjacent property line. N. DESIGN REQUIREMENTS FOR DAY CARE CENTERS AND PERSONAL CARE 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 PERSONAL CARE FACILITIES: Lots for day care centers and personal care 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 PERSONAL CARE FACILITIES: The following minimum standards shall be required for day care centers and personal care facilities permitted as a conditional use: 1. Depth of front yard, feet........... 30 2. Depth of rear yard, feet............ 25 3. Width of side yard, each side....... 20 081688 6 Section 21 V1111 • , °y • • d. Width of lot, feet .................. 150 e. Depth of lot, feet .................. 175 081688 7 Section 21 R-MF 2 Multi a Family C. 2. Swimming pools and tennis courts no nearer than seventy-five (75) feet to any residentially zoned district. 3. Laundry room for use of tenants. 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. 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. Personal Care Facilities (See Section 22.N D. LIMITATION OF USES: None specified. E. PLAN REQUIREMENTS: No application for a building permit for construction of a principal building shall be approved unless: 1. A Plat, meeting all requirements of the City of Grapevine has been approved by the City Council and recorded in the official records of Tarrant County. 2. A Site Plan, meeting the requirements of Section 47, has been approved. 081688 2 Section 22 R®NIR-2 Multi Family Section 22 Draft 10/21/92 3. A Landscape Plan, meeting the requirements of Section 53, has been approved. F. DENSITY REQUIREMENTS: The following density requirements shall apply. 1. MAXIMUM DENSITY - The maximum density within the R- MF -2 District shall conform to the following requirements. a. The maximum density shall be sixteen (16) units per acre if the minimum nonvehicular open space is twenty (20) percent or less of the total site area. b. The maximum density shall be eighteen (18) units per acre if the minimum nonvehicular open space is between twenty (20) and twenty- five (25) percent of the total lot area. C. The maximum density shall be twenty (20) units per acre if the minimum nonvehicular open space exceeds twenty-five (25) percent of the total lot area. d. The maximum density within the R -MF -2 District shall not exceed twenty (20) dwelling units per gross acre. e. Nonvehicular open space is any area not devoted to buildings, parking, loading, storage, or vehicular use. 2. LOT SIZE: Lots for any permitted use shall have a minimum area of two (2) acres. Day care centers and personal care facilities permitted as a conditional use shall meet the requirements of Sections 22.N.1. 3. MINIMUM OPEN SPACE: Not less than twenty (20) percent of the gross site area shall be devoted to open space, including required yards and buffer areas. Open space shall not include areas covered by structures, parking areas, driveways and internal streets. A portion of the minimum open space equivalent to two hundred fifty (250) square feet per dwelling unit shall be devoted to planned and permanent usable recreation area. The amount, location and type of usable recreation space shall be shown on the site plan. 081688 3 Section 22 4. MAXIMUM BUILDING COVERAGE: The combined area occupied by all main and accessory buildings and structures shall not exceed (50) percent of the total lot area. 5. MAXIMUM IMPERVIOUS AREA: The combined area occupied by all main and accessory buildings and structures, and paved parking and driveway areas shall not exceed seventy-five (75) percent of the total lot area. 6. MINIMUM FLOOR AREA: Every dwelling hereafter erected, constructed, reconstructed or altered in the R -MF -2 District shall have a minimum square feet of floor area, excluding common corridors, basements, open and screened porches or decks, and garages as follows: a. Efficiency unit, square feet...............600 b. One bedroom unit, square feet..............750 c. Two bedroom unit, square feet..............900 d. Three bedroom unit, square feet .......... 1,000 e. Units containing a minimum of six hundred (600) square feet to seven hundred fifty (750) square feet shall not exceed fifteen (15) percent of the total number of units in the development. G. AREA REGULATIONS: The following minimum standards shall be required. Day care centers and personal care facilities permitted as a conditional use shall meet the requirements of Section 22.N.2. 1. Depth of front yard, feet .................... 40 2. Depth of rear yard, feet ...................... 30 3. Width of side yard, each side ................. 20 4. Width of lot, feet ............................ 200 5. Depth of lot, feet ............................ 200 H. BUFFER AREA REGULATIONS: Whenever an R -MF -2 District is located adjacent to an existing or.zoned residential district of lower density development, without any division such as a dedicated public street, park or permanent open space, all principal buildings or 081688 4 Section 22 w1 111111 _ � • • N. DESIGN REQUIREMENTS FOR DAY CARE CENTERS AND PERSONAL CARE FACILITIES: The following minimum design requirements shall be provided in the R -MF -2 Multifamily Residential Zoning District. 1. MINIMUM LOT SIZE OF DAY CARE CENTERS AND PERSONAL CARE FACILITIES: Lots for day care centers and Personal care 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 PERSONAL CARE FACILITIES: The following minimum standards shall be required for day care centers and personal care facilities permitted as a conditional use. a. Depth of front yard, feet.......... 40 b. Depth of rear yard, feet ........... 30 C. Width of side yard, each side ...... 20 d. Width of lot, feet................150 e. Depth of lot, feet................175 081688 7 Section 22 NEIGHBORHOOD COMMERCIAL DRAFT 10-12-92 SECTION 24 (120) feet to any residentially zoned district. 3. Screened garbage storage on a concrete pad 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. 4. Off-street parking to serve permitted uses provided that any off-street parking or vehicular use area within sixty (60) feet of a residentially zoned district shall be separated from said lot by a blind fence, berm, wall or landscaping at least six (6) feet high. 5. Signs advertising uses on the premises in accordance with Section 60 of this Ordinance. C. CONDITIONAL USES: The following uses may be permitted provided they meet the provisions of, and a Conditional Use Permit is issued pursuant to, Section 48 of this Ordinance. 1. Alcoholic beverage sales provided a special permit is issued in accordance with Section 42B of this Ordinance. 2. Tire, battery, and accessory stores located within a planned shopping center. 3. Automotive parts and supplies completely in an enclosed building. 4. Commercial parking lots. 5. Drive-in or drive-through restaurants. 6. Gasoline services. 7. Private clubs and service organizations. 8. Veterinarian including veterinary hospitals where small animals are kept overnight. 9. Planned Commercial Centers. 10. Any individual retail store, office, personal service establishment, restaurants, or other uses provided for in Section 24.A. with a floor area open to the public, including display, service and sales, greater than ninety-five hundred (9,500) square feet. 11. Personal Care Facilities D. LIMITATION ON USES: 081691 2 Section 24 PROFESSIONAL OFFICE DRAFT 10-12-92 SECTION 27 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 no nearer than one hundred twenty (120) feet to any residentially zoned district. 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: 1. Restaurants, including alcoholic beverage sales provided a special permit is issued in accordance with Section 42.B. of the Ordinance. Drive-in and drive-through restaurants shall not be allowed. 2. Funeral homes and mortuaries. 3. Personal Care Facilities D. LIMITATIONS OF USES: None specified. E. PLAN REQUIREMENTS: No application for a building permit for construction of a principal building shall be approved unless: 1. A Plat, meeting all requirements of the City of Grapevine has been approved by the City Council and recorded in the official records of Tarrant County. 2. A Site Plan, meeting the requirements of Section 47, has been approved. 3. A Landscape Plan, meeting the requirements of Section 53, has been approved. F. DENSITY REQUIREMENTS: The following bulk and intensity of use requirements shall apply: 071990 2 Section 27 NUMBER OF REQUIRED FOR USE PARKING SPACES EACH Motels or Hotels with conference facilities with less than 25,000 sq. ft. of conference area. Motels or Hotels with restaurants, clubs or conference facilities with more than 25,000 sq. ft. of conference area. Church Public Health Center Community, Civic Center Institution; religious, charitable or philanthropic organization. Place of public assembly Hospital Nursing, convalescent home or institutional home for elderly. Residence home for elderly Day Care Center Personal Care Facility 1.5 1.5 requirements for eating or drink- ing establishment Guest room, plus requirements for eating or drink- ing establish- ment. Guest room, plus 1 parking space per 100 sq. ft. of conference area. 1 3 seats in main sanctuary. 1 200 sq. ft. of gross floor area. 1 3 Seats 1 200 sq. ft. of gross floor area. 1 3 Seats 2 Bed 1 Each bed (Design Cap.) 1.1 Dwelling unit. 1 300 sq. ft. of day care activity space. 5 plus 1 2 beds 051992 2 Section 56 CLRAMONT RESIDENTIRL CRRE'CORPORRTION P.O. BOX 1058 GRAPEVINE, TX -����.� 76099 $ �f. OV 5199' m November 5, 1992 w 1 Ms. Marcy Ratcliff The City of Grapevine Dept. of Community Development P.O. ` Box 95104 Grapevine,">TX 75051 RE: Personal Care Zoning Amendment Dear Marcy: Please accept the following observations of the proposed amendments to, the City of Grapevine,. Zoning Ordinances for Personal Care` Facilities. These items are respectfully submitted to the Commission and Council for their review and discussion. 1) The R -MF -1, R -MF -2, lot size restriction of 1 acre for a Conditional Use Personal Care Facility presupposes a building size of approximately 10,000 square feet. This limitation will, in _many cases, preclude the use of affordable neighborhood sites by the smaller personal care facilities (a, small facility being 16 or fewer residents; TDN, Title 25, Subchapter S; pp.24). This lot size stipulation might be reconsidered in the light of these smaller units. 2) For property zoned R -MF -1 and R -MF -2, the design requirement for off-street parking to be set back. 15 feet from the building face to the parking edge is somewhat excessive for use by the elderly. This stipulation might be reconsidered understanding that the elderly will be assisted to; and from the parking lot by family members and care givers., A sometimes ;difficult and dangerous life process for the elderly. This design limitation might better serve the users of these facilities if it were reduced to a 10 foot minimum. ;'. I 3) The proposed parking requirements, for the personal care facility, 5 plus 1, are perhaps alittle excessive," given the potential variations in facility sizes and more importantly the facility users themselves. For example, a, 5 bed facility would be required to accommodate -8 parking spaces for its facility. An 'amount more than sufficient, given the usual non -driving status of the typical personal care resident. This requirement might be reviewed in light of the state regulations which requires providing -one space: "for each four beds or fraction thereof, or per local code, whichever is less stringent," (TDH, Title 25, Subchapter S; pp,30). Respectfully Submitted, J. Jones, AIA GRAPEVINE October 27, 1992 Ms. Mary Jane Robilliard Fort Worth Star Telegram P.O. Box 1870 Fort Worth, Texas 76102 A Fulure Will) A Past RE: Grapevine Account # CIT 25 Dear Ms. Robilliard, Please find enclosed, the following for publication on Sunday. November L. 1992, in the Northeast Edition of the Neighborhood Extra Section of the Fort Worth Star Telegram. (One time only) Item Notice of Public Hearing Classic Chevrolet Notice of Public Hearing Charles Barbee Notice of Public Hearing North Texas Convenience Stores Meeting Date November 17, 1992 November 17, 1992 November 17, 1992 THE CITY OF GRAPEVINE COMMUNITY DEVELOPMENT P.O. Box 95104 • Grapevine, Texas 76051 • Phone Metro 817/481-0377 FAX # 817/481-0369 Notice of Public Hearing November 17, 1992 Zoning Ordinance 82-73 Notice of Public Hearing November 17, 1992 City of Grapevine Fire Station As always, your assistance is greatly appreciated. If you have any questions please contact me at (817) 481-0359. Sincerely, 7 II d'1 - Marcy Ratclif Planner Community Development Enclosure MR/tw THE STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE NOTICE OF JOINT PUBLIC HEARING BY THE PLANNING AND ZONING COMMISSION (THE COMMISSION) AND CITY COUNCIL OF THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS, (THE CITY), PURSUANT TO TEX. REV. CIV. STAT. ANN. ART. 1011A -1011E TO CONSIDER AMENDMENTS AND CHANGES TO THE CITY OF GRAPEVINE'S ZONING ORDINANCE, NO 82-73, SAME BEING APPENDIX D OF THE CODE OF ORDINANCES OF THE CITY. TO ALL CITIZENS, PROPERTY OWNERS AND TAXPAYERS OF THE CITY OF GRAPEVINE, TEXAS: The City Council of the City of Grapevine, Texas and the City of Grapevine's Planning and Zoning Commission do hereby notify each of you that a joint Public Hearing will be conducted by both the Commission and the City Council to consider amendments and changes to the City of Grapevine's Comprehensive Zoning Ordinance, No. 82-73, as amended, same being Appendix D of the Code of Ordinances of the City of Grapevine, pursuant to and in accordance with the City of Grapevine's Comprehensive Zoning Ordinance, No. 82-73, as amended and Grapevine's Comprehensive Zoning Ordinance, No. 82-73, as amended and Tex. Rev. Civ. Stat. Ann. Art. 1011a-101le on the 17th Day of November, 1992, at 7:30 o'clock PM in the Council Chambers, Room 205, 307 West Dallas Road, Grapevine, Texas. All interested parties will be given an opportunity to appear and be heard and express their views. The City Council and the Commission will consider amendments and changes to the City of Grapevine's Comprehensive Zoning Ordinance, No. 82-73, same being Appendix D of the Code of Ordinances of the City, specifically amending Section 12 Definitions, Section 21 "R- MF -1" Multi -Family District, Section 22 "R -MF -2" Multi -Family District, and Section 24 Neighborhood Commercial, Section 27 Professional Office and Section 56 Off -Street Parking Regulations and any other additions, deletions or changes to various section, articles and provisions contained in said Ordinance No. 82-73. After all parties have been given an opportunity to speak, the public hearing will be closed and the Commission and the City Council will deliberate the pending matters. Please contact the Department of Community Development concerning any questions, 307 West Dallas Road, Grapevine, Texas, 76051 or P.O. Box 95104, Grapevine, Texas, 76099 481- 0377. Transmit Confirmation Report No. 004 Receiver STARTELEGRAM Transmitter GRAPEVINE PUBLIC WORKS Date Oct 30,92 12:14 Time 06'23 t,lode Norm Pr--i.ges 10 Result OK af� 2- *,-, P7 DATE: OCTOBER 13, 1992 TO: PLANNING & ZONING COMMISSIONERS FROM: H.T. HARDY, DIRECTOR OF COMMUNITY DEVELOPMENT MARCY RATCLIFF, PLANNER -7)17 7 SUBJECT: PROPOSED AMENDMENTS FOR PERSONAL CARE FACILITIES MEETING DATE: OCTOBER 20, 1992 Please read the attached materials for proposed amendments for a personal care facility as defined in Section 12, Definitions, allowed as a conditional use in Section 21, "R -MF -1" Multi - Family District, Section 22, "R -MF -2" Multi -Family District, Section 24, Neighborhood Commercial, and Section 27, Professional Office and parking regulations for such a facility in Section 56, Parking. Also find a list of parking requirements from various cities for personal care facilities or similar uses. Also find the Staffing Requirements per the Minimum Licensing Standards for Personal Care Facilities from the Texas Department of Health. 1 CXCEFINITIONS DRAFT COPY 10-12-92 333. PERSONAL CARE 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 provides personal care services; and in addition Provides minor treatment under the direction and supervision of a 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 caret social and recreational services transportation services, private or common kitchen/dining facilities, so long as such services are provided to residents only. 332-359. RESERVED FOR FUTURE USE. 360. RAILROAD EQUIPMENT STORAGE YARDS shall mean a place for the storage of railway cars, boxcars and engines and related equipment. 361. RAILWAY FREIGHT STATION shall mean an establishment which charges for the transport of goods, by railway from one city to another, designed for storing and hauling of goods so transported or to be so transported, but excluding the outside storage of railway cars, boxcars, and engines. 362. REAR YARD shall mean a space unoccupied by a principal structure extending for the full width of the lot between a principal structure and the rear lot line. 363. RELIGIOUS INSTITUTION shall be held to include a church as defined herein. 364. RETAIL STORE shall mean a place where goods, wares, merchandise and commodities are sold and transferred directly to the purchaser or consumer in small quantities such as by the single yard, pound, gallon, single articles as opposed to wholesale trade. 365. REVERSE FRONTAGE LOTS shall mean a corner lot, the rear of which abuts the side of another lot. 366-388. RESERVED FOR FUTURE USE. 389. SALVAGE YARD shall mean the outside storage of refuse and the recovery of usable portions of same. 051992 Section RESIDENTIAL -MULTI -FAMILY 1 DRAFT 10-12-92 SECTION 21 seventy-five (75) feet to any residentially zoned district. 3. Laundry room for use of tenants. 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. 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 2.N.). 6. Personal Care Facilities D. LIMITATIONS OF USES: None specified. E. PLAN REQUIREMENTS: No application for a building permit for construction of a principal building shall be approved unless: 1. A Plat, meeting all requirements of the City of Grapevine has been approved by the City Council and recorded in the official records of Tarrant County. 2. A Site Plan, meeting the requirements of Section Section 21 081688 2 RESIDENTIAL -MULTI -FAMILY 2 DRAFT 10-12-92 SECTION 22 2. Swimming pools and tennis courts no nearer than seventy-five (75) feet to any residentially zoned district. 3. Laundry room for use of tenants. 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. 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. Personal Care Facilities D. LIMITATION OF USES: None specified. E. PLAN REQUIREMENTS: No application for a building permit for construction of a principal building shall be approved unless: 1. A Plat, meeting all requirements of the City of Grapevine has been approved by the City Council and recorded in the official records of Tarrant County. 2. A Site Plan, meeting the requirements of Section 47, has been approved. 072181 2 Section 22 NEIGHBORHOOD COMMERCIAL DRAFT 10-12-92 SECTION 24 (120) feet to any residentially zoned district. 3. Screened garbage storage on a concrete pad 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. 4. Off-street parking to serve permitted uses provided that any off-street parking or vehicular use area within sixty (60) feet of a residentially zoned district shall be separated from said lot by a blind fence, berm, wall or landscaping at least six (6) feet high. 5. Signs advertising uses on the premises in accordance with Section 60 of this Ordinance. C. CONDITIONAL USES: The following uses may be permitted provided they meet the provisions of, and a Conditional Use Permit is issued pursuant to, Section 48 of this Ordinance. 1. Alcoholic beverage sales provided a special permit is issued in accordance with Section 42B of this Ordinance. 2. Tire, battery, and accessory stores located within a planned shopping center. 3. Automotive parts and supplies completely in an enclosed building. 4. Commercial parking lots. 5. Drive-in or drive-through restaurants. 6. Gasoline services. 7. Private clubs and service organizations. 8. Veterinarian including veterinary hospitals where small animals are kept overnight. 9. Planned Commercial Centers. 10. Any individual retail store, office, personal service establishment, restaurants, or other uses provided for in Section 24.A. with a floor area open to the public, including display, service and sales, greater than ninety-five hundred (9,500) square feet. 11. Personal Care Facilities D. LIMITATION ON USES: 081691 2 Section 24 PROFESSIONAL OFFICE ' DRAFT 10-12-92 SECTION 27 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 no nearer than one hundred twenty (120) feet to any residentially zoned district. 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: 1. Restaurants, including alcoholic beverage sales provided a special permit is issued in accordance with Section 42.B. of the Ordinance. Drive-in and drive-through restaurants shall not be allowed. 2. Funeral homes and mortuaries. 3. Personal Care Facilities D. LIMITATIONS OF USES: None specified. E. PLAN REQUIREMENTS: No application for a building permit for construction of a principal building shall be approved unless: 1. A Plat, meeting all requirements of the City of Grapevine has been approved by the City Council and recorded in the official records of Tarrant County. 2. A Site Plan, meeting the requirements of Section 47, has been approved. 3. A Landscape Plan, meeting the requirements of Section 53, has been approved. F. DENSITY REQUIREMENTS: The following bulk and intensity of use requirements shall apply: 071990 2 Section 27 PARKING DRAFT COPY 10-12-92 NUMBER OF USE PARKING SPACES Motels or Hotels with conference facilities with less than 25,000 sq. ft. of conference area. Motels or Hotels with restaurants, clubs or conference facilities with more than 25,000 sq. ft. of conference area. 2. INSTITUTIONAL: Church Public Health Center Community, Civic Center Institution; religious, charitable or philanthropic organization. Place of public assembly Hospital Nursing, convalescent home or institutional home for elderly. Residence home for elderly Day Care Center Personal Care Facility REQUIRED FOR EACH requirements for eating or drink- ing establishment 1.5 Guest room, plus requirements for eating or drink- ing establish- ment. 1.5 Guest room, plus 1 parking space per 100 sq. ft. of conference area. 1 3 seats in main sanctuary. 1 200 sq. ft. of gross floor area. 1 3 Seats 1 200 sq. ft. of gross floor area. 1 3 Seats 2 Bed 1 Each bed (Design Cap.) 1.1 Dwelling unit. 1 300 sq. ft. of day care activity space. 5 plus 1 2 beds 051992 2 Section 56 PARKING REQUIREMENTS FOR PERSONAL CARE FACILITIES OR SIMILAR USES City of Colleyville Assisted Living or Nursing Homes City of Hurst Nursing, Rest or Convalescent Home City of North Richland Hills 1 space per each 3 beds or 1 space per individual sleeping unit, whichever is greater 1.5 spaces each 3 beds - The space required for an equal number of parking spaces shall be planned but reserved in landscaped open space until 90 percent of the other parking spaces are observed occupied at any time during any 3 days during any 60 consecutive days, at which time the enforcing officer shall require construction of the additional parking spaces; such additional parking shall be constructed within 6 months of the date of written notice by the enforcing officer. Home for Aged and Convalescent Home 1.5 spaces City of Bedford Retirement Housing each 3 beds a)Ambulatory Independent Residents 1.5 spaces each unit b)Nursing Home Facilities 1 space each 2 beds 1 City of Arlington Supervised Living Facility 1 space 1.5 dwelling units Nursing Home 1 space each 6 beds lii; 01. 92 10:20 '$817 792 7273 TxDH LongTrmCare Q(Io2 (III) approval from the local fire marshal having jurisdiction over the facility. (ii) Upon receipt of the prescribed application, the licensing agency will evaluate the request in a timely manner. A license will be granted only if the facility is found to be in compliance with applicable laws and standards. Compliance will be ascertained by on-site inspections by appropriate inspection teams, including architectural evaluations. (2) The intentional submission of false information by any applicant for an original or renewed state license shall constitute grounds for denial or revocation of license. (3) The use of subterfuge or other evasive means, such as filing for license through a second party when an individual is disqualified for licensing, shall constitute grounds for denial or revocation of license. 145.327. Staffing. (a) Manager. (1) Each facility shall designate, in writing, a manager to have authority over the operation. (2) The manager shall have proof of graduation from an accredited high school or certification of equivalency of graduation. (3) The manager of a licensed facility shall show evidence of six hours of annual continuing education that includes at least one of the following areas: (A) resident and provider rights and responsibilities, abuse/neglect, and confidentiality; (B) basic principles of supervision; (c) skills for working with residents, families, and other professional service providers; (D) resident characteristics and needs; (E) community resources; (F) accounting and budgeting; or (G) basic emergency first aid (e.g., CPR, choking, etc.) (4) The manager shall be on duty 40 hours per week. (5) An individual competent and authorized to act in the ab- sence of the manager shall be designated in writing. in a small facility if a resident is designated, he/she shall be competent and shall only work 14 1u U1-'92 10:21 V817 792 7273 TxDH LongTrmCare i�Tuu3 a maximum of three hours per day in the absence of the manager. (b) Attendants. (1) There shall be an attendant (as defined by Section 145.322 of this title (relating to Definitions))in the facility at all times when residents are in the facility. Additionally, there shall be other attendant personnel as needed to maintain order, safety, and clean- liness; to assist with medication regimens; to prepare and service meals; assist with laundry; and to assure that each resident receives the kind and amount of supervision and care required to meet his basic needs. (2) The following staff -resident .ratio shall be maintained in a Type A or Type B facility. The shift time designations in this section are for illustration purposes only. The facility management has the authority to use other shift designations to define day, evening, and night shift start and end times. (A) 7 a.m. - 3 p.m. = 1 to 15 (B) 3 P.M. - 11 P.M. - 1 to 20 (C) 11 p.m. - 7 a.m. = i to 40 (i) Type A facility: 11 p.m. - 7 a.m. staff in a 40 or less licensed bed capacity facility only needs to be immediately available (as defined by Section 145.322). in a 41+ licensed bed capacity facility the staff must be awake; and (ii) Type 8 facility: 11 p.m. - 7 a.m. staff must be awake regardless of the number of licensed beds. (D) when the time schedules and staff -resident ratios as described in subparagraphs (A) -(C) of this paragraph results in all presidents being away from the facility, an attendant in the facility is not required at those times. (3) The attendants shall have the following knowledge prior to assuming responsibilities: needs of the resident(s) and tasks to be provided, resident's health conditions and how it may affect provision of tasks, conditions about which the attendant should notify the facility manager, and a job description. 145.328. operational Policies, Admission Policies, and Records. (a) Operational policies. (1) Each facility shall prepare and make available for distribution detailed written operational policies. Copies shall be furnished to staff personnel and to residents and/or residents' responsible parties at time of admission. (2) The statement of policies shall cover such details as residents accepted, services provided, charges, refunds, responsibilities is DEFINITIONS DRAFT 10-20-92 333. PERSONAL CARE 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 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. 332-359. RESERVED FOR FUTURE USE. 360. RAILROAD EQUIPMENT STORAGE YARDS shall mean a place for the storage of railway cars, boxcars and engines and related equipment. 361. RAILWAY FREIGHT STATION shall mean an establishment which charges for the transport of goods, by railway from one city to another, designed for storing and hauling of goods so transported or to be so transported, but excluding the outside storage of railway cars, boxcars, and engines. 362. REAR YARD shall mean a space unoccupied by a principal structure extending for the full width of the lot between a principal structure and the rear lot line. 363. RELIGIOUS INSTITUTION shall be held to include a church as defined herein. 364. RETAIL STORE shall mean a place where goods, wares, merchandise and commodities are sold and transferred directly to the purchaser or consumer in small quantities such as by the single yard, pound, gallon, single articles as opposed to wholesale trade. 365. REVERSE FRONTAGE LOTS shall mean a corner lot, the rear of which abuts the side of another lot. 366-388. RESERVED FOR FUTURE USE. 389. SALVAGE YARD shall mean the outside storage of refuse and the recovery of usable portions of same. 051992 18 Section 11-12 RESIDENTIAL MULTI -FAMILY 1 DRAFT 10-20-92 SECTION 2 Sec. 21. R -MF -1. Multifamily District Regulations PURPOSE: The R -MF -1 Multifamily district is established to provide adequate space and site diversification for multiple -family apartment and condominium developments where the maximum density does not exceed twelve (12) dwelling units per gross acre. R -MF -1 Districts should be characterized by landscaping and open space and should be convenient to major thoroughfares and arterial streets. Such districts should have adequate water, sewer, and drainage facilities. USES GENERALLY: In an R -MF -1 Multifamily district, no land shall be used and no building shall be erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Multifamily dwellings, including apartments and condominiums. 2. Churches, convents, and other places of worship. 3. Parks, playgrounds and nature preserves, publicly owned. 4. Public utility uses required to service the District. 5. Temporary buildings when they are to be used only for construction purposes or as a field office within the development parcel. Such temporary construction buildings shall be removed immediately upon completion or abandonment of construction and such field office shall be removed immediately upon occupancy of ninety-five (95) percent of the units in the development parcel. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to the multiple -family dwellings provided that none shall be a source of income to the owners or users of the multiple -family dwellings. All accessory uses shall be located at least twenty (20) feet from any street right-of-way and shall not be located between the building line and the front property line. 1. Detached covered common parking, off-street parking and private garages in connection with any use permitted in this district provided that such parking shall not be located in a required front yard. 081688 1 Section 21 2. Swimming pools and tennis courts no nearer than seventy-five (75) feet to any residentially zoned district. 3. Laundry room for use of tenants. 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. 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 Care Facilities (See Section 21.N—.l D. LIMITATIONS OF USES: None specified. E. PLAN REQUIREMENTS: No application for a building permit for construction of a principal building shall be approved unless: 1. A Plat, meeting all requirements of the City of Grapevine has been approved by the City Council and recorded in the official records of Tarrant County. Section 21 081688 081688 2 Section 21 2. A Site Plan, meeting the requirements of Section 47, has been approved. 3. A Landscape Plan, meeting the requirements of Section 53, has been approved. F. DENSITY REQUIREMENTS: The following density requirements shall apply. 1. MAXIMUM DENSITY: The maximum density within the R- MF -1 District shall not exceed twelve (12) dwelling units per gross acre. 2. LOT SIZE: Lots for any permitted use shall have a minimum area of two (2) acres. Day care centers and personal care facilities permitted as a conditional use shall meet the requirements of Section 21.N.1. 3. MINIMUM OPEN SPACE: Not less than twenty-five (25) percent of the gross site area shall be devoted to open space, including required yards and buffer areas. Open space shall not include areas covered by structures, parking areas, driveways and internal streets. A portion of the minimum open space equivalent to two hundred fifty (250) square feet per dwelling unit shall be devoted to planned and permanent usable recreation areas. The amount, location and type of usable recreation space shall be shown on the site plan. 4. MAXIMUM BUILDING COVERAGE: The combined area occupied by all main and accessory buildings and structures shall not exceed fifty (50) percent of the total lot area. 5. MAXIMUM IMPERVIOUS AREA: The combined area occupied by all main and accessory buildings and structures, and paved parking and driveway areas shall not exceed seventy-five (75) percent of the total lot area. 6. MINIMUM FLOOR AREA: Every dwelling hereafter erected, constructed, reconstructed or altered in the R -MF -1 District shall have a minimum square feet of floor area, excluding common corridors, basements, open and screened porches or decks, and Section 21 081688 081688 3 Section 21 G. garages as follows: a. Efficiency unit, square feet...... 600 b. One bedroom unit, square feet..... 750 C. Two bedroom unit, square feet..... 900 d. Three bedroom unit, square feet... 1000 e. Units containing a minimum of six hundred (600) square feet to seven hundred fifty (750) square feet shall not exceed fifteen (15) per cent of the total number of units in the development. AREA REGULATIONS: The following minimum standards shall be required. Day care centers and personal care 1. Depth of front yard, feet ................... 30 2. Depth of rear yard, feet .................... 25 3. Width of side yard, each side ............... 20 4. Width of lot, feet ..........................200 5. Depth of lot, feet ..........................200 H. BUFFER AREA REGULATIONS: Whenever an R -MF -1 District is located adjacent to an existing or zoned residential district or lower density development, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of forty (40) feet from the adjoining property line. The setback area shall contain appropriate landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. I. HEIGHT REGULATIONS: The following maximum height regulations shall be observed. 1. The maximum height of the principal structures shall be two (2) stories not to exceed thirty-five (35) feet. Whenever a multi -family structure is erected contiguous to an existing single-family dwelling, the number of stories and height of the Section 21 081688 081688 4 Section 21 multi -family structure shall not exceed the number of stories and height of the contiguous single- family dwelling. In no instance shall the height of a multi -family structure exceed two (2) stories or thirty-five (35) feet. 2. The maximum height of an accessory structure shall be one (1) story not to exceed fifteen (15) feet. 3. The maximum height of a storage building used for mechanical or maintenance equipment shall be one (1) story not to exceed ten (10) feet. J. OFF-STREET PARKING: Off-street parking shall be provided in accordance with the provision of Section 56 and 58 of this Ordinance and other applicable ordinances of the City. No off-street parking shall be allowed in the front yard. K. OFF-STREET LOADING: No off-street loading is required in the R -MF -1 District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning Commission. L. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance with Section 53 of this Ordinance. M. DESIGN REQUIREMENTS: The following minimum design requirements shall be provided in the R -MF -1 Multi -Family District. 1. Buildings and structures shall conform to the masonry requirements as established in Section 54 of this Ordinance. 2. Individual window air conditioning units are prohibited. Central air conditioning units, heat pumps and similar mechanical equipment, when located outside, shall be landscaped and screened from view in accordance with the provisions of Section 50. 3. The maximum length of any building shall not exceed two hundred (200) linear feet. Such limitation shall apply to any cluster of attached buildings unless there is a break in the deflection angle of at least twenty (20) degrees and under no circumstances shall a cluster of buildings exceed two hundred fifty (250) feet in length. Section 21 081688 081688 5 Section 21 4. Buildings shall be designed to prevent the appearance of straight, unbroken lines in their horizontal and vertical surface. Buildings shall have no more than sixty (60) continuous feet without a horizontal and vertical break of at least three (3) feet. 5. No building shall be located closer than fifteen (15) feet to the edge of an off-street parking, vehicular use, or storage area. Day care centers shall be exempt from the requirement. 6. The minimum distance between any two (2) unattached buildings shall be twenty (20) feet or the height of the building whichever is greater. Whenever two (2) principal structures are arranged face to face or back to back, the minimum distance shall be fifty (50) feet. The point of measurement shall be the exterior walls of the buildings and does not include balconies, railings or other architectural features. 7. Off-street parking areas shall not be closer than ten (10) feet to any adjacent property line. Whenever an off-street parking, vehicular use or storage area is within sixty (60) feet of any adjacent residential district, it shall be screened by a fence, wall or berm at least six (6) feet high. 8. Parking of recreational vehicles, trailers, motor homes, boats, towed trailers and similar vehicular equipment are permitted provided they are located in a designated vehicular use area which is screened from adjacent residential districts by a fence, wall or berm at least eight (8) feet in height. No vehicular use or storage area shall be located in a required front yard or adjacent to a public right-of-way. Such areas shall also be located at least ten (10) feet from any adjacent property line. N. DESIGN REQUIREMENTS FOR DAY CARE CENTERS AND PERSONAL CARE 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 PERSONAL CARE FACILITIES: Lots for day care centers and Section 21 081688 081688 6 Section 21 Personal care 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 PERSONAL CARE FACILITIES: The following minimum standards shall be required for day care centers and personal care facilities permitted as a conditional use: 1. Depth of front yard, feet........... 30 2. Depth of rear yard, feet............ 25 3. Width of side yard, each side....... 20 4. Width of lot, feet .................. 150 5. Depth of lot, feet .................. 175 Section 21 081688 081688 7 Section 21 RESIDENTIAL MULTI -FAMILY 2 DRAFT 10-20-92 SECTION 22 Sec. 22. R -MF -2 Multifamily District Regulations PURPOSE: The R -MF -2 Multifamily district is established to provide adequate space and site diversification for multiple -family apartment and condominium developments where the maximum density does not exceed twenty (20) dwelling units per gross acre. R -MF -2 District should be characterized by landscaping and open space and shall be convenient to major thoroughfares and arterial streets. Such districts should have adequate water, sewer, and drainage facilities. USES GENERALLY: In an R -MF -2 Multifamily district, no land shall be used and no building shall be erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses. 1. Multifamily dwelling, including apartments & condominiums. 2. Churches, convents, and other places of worship. 3. Parks, playgrounds, and nature preserves, publicly owned. 4. Public utility uses required to service the district. 5. Temporary buildings when they are to be used only for construction purposes or as a field office within the development parcel. Such temporary construction buildings shall be removed immediately upon completion or abandonment of construction and such field office shall be removed immediately upon occupancy of ninety-five (95) percent of the units in the development parcel. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to the multiple -family dwellings provided that none shall be a source of income to the owners or users of the multiple -family dwellings. All accessory uses shall be located at least twenty (20) feet from any street right-of-way and shall not be located between the building line and the front property line. 1. Detached covered common parking, off-street parking and private garages in connection with any use permitted in this district provided that such parking shall not be located in a required front yard. 072181 1 Section 22 2. Swimming pools and tennis courts no nearer than seventy-five (75) feet to any residentially zoned district. 3. Laundry room for use of tenants. 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. 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. Personal Care Facilities (See Section 22.N.) D. LIMITATION OF USES: None specified. E. PLAN REQUIREMENTS: No application for a building permit for construction of a principal building shall be approved unless: 1. A Plat, meeting all requirements of the City of Grapevine has been approved by the City Council and recorded in the official records of Tarrant County. 2. A Site Plan, meeting the requirements of Section 47, has been approved. 072181 2 Section 22 F. 3. A Landscape Plan, meeting the requirements of Section 53, has been approved. DENSITY REQUIREMENTS: The following density requirements shall apply. 1. MAXIMUM DENSITY - The maximum density within the R- MF -2 District shall conform to the following requirements. a. The maximum density shall be sixteen (16) units per acre if the minimum nonvehicular open space is twenty ( 2 0 ) percent or less of the total site area. b. The maximum density shall be eighteen (18) units per acre if the minimum nonvehicular open space is between twenty (20) and twenty- five (25) percent of the total lot area. C. The maximum density shall be twenty (20) units per acre if the minimum nonvehicular open space exceeds twenty-five (25) percent of the total lot area. d. The maximum density within the R -MF -2 District shall not exceed twenty (20) dwelling units per gross acre. e. Nonvehicular open space is any area not devoted to buildings, parking, loading, storage, or vehicular use. 2. LOT SIZE: Lots for any permitted use shall have a minimum area of two (2) acres. Day care centers and personal care facilities permitted as a conditional use shall meet the requirements of Sections 22.N.1. 3. MINIMUM OPEN SPACE: Not less than twenty (20) percent of the gross site area shall be devoted to open space, including required yards and buffer areas. Open space shall not include areas covered by structures, parking areas, driveways and internal streets. A portion of the minimum open space equivalent to two hundred fifty (250) square feet per dwelling unit shall be devoted to planned and permanent usable recreation area. The amount, location and type of usable recreation space shall be shown on the site plan. 072181 3 Section 22 4. MAXIMUM BUILDING COVERAGE: The combined area occupied by all main and accessory buildings and structures shall not exceed (50) percent of the total lot area. 5. MAXIMUM IMPERVIOUS AREA: The combined area occupied by all main and accessory buildings and structures, and paved parking and driveway areas shall not exceed seventy-five (75) percent of the total lot area. 6. MINIMUM FLOOR AREA: Every dwelling hereafter erected, constructed, reconstructed or altered in the R -MF -2 District shall have a minimum square feet of floor area, excluding common corridors, basements, open and screened porches or decks, and garages as follows: a. Efficiency unit, square feet...............600 b. One bedroom unit, square feet..............750 c. Two bedroom unit, square feet..............900 d. Three bedroom unit, square feet.......... 1,000 e. Units containing a minimum of six hundred (600) square feet to seven hundred fifty (750) square feet shall not exceed fifteen (15) percent of the total number of units in the development. G. AREA REGULATIONS: The following minimum standards shall be required. Day care centers and personal care facilities permitted as a conditional use shall meet the requirements of Section 22.N.2. 1. Depth of front yard, feet .................... 40 2. Depth of rear yard, feet ...................... 30 3. Width of side yard, each side ................. 20 4. Width of lot, feet ............................ 200 5. Depth of lot, feet ............................ 200 H. BUFFER AREA REGULATIONS: Whenever an R -MF -2 District is located adjacent to an existing or zoned residential district of lower density development, without any division such as a dedicated public street, park or permanent open space, all principal buildings or 072181 4 Section 22 structures shall be set back a minimum of forty (40) feet from the adjoining property line. The setback area shall contain appropriate landscape improvement, fencing, berms or trees to adequately buffer adjoining uses. I. HEIGHT REGULATIONS: The following maximum height regulations shall be observed: 1. The maximum height of the principal structure shall be two (2) stories not to exceed thirty-five (35) feet. Whenever a multifamily structure is erected contiguous to an existing single-family dwelling, the number of stories and height of the multifamily structure shall not exceed the number of stories and height of the contiguous single-family dwelling. In no instance shall the height of a multifamily structure exceed two (2) stories or thirty-five (35) feet. 2. The maximum height of an accessory structures shall be one (1) story not to exceed fifteen (15) feet. 3. The maximum height of a storage building used for maintenance or mechanical equipment shall be one (1) story not to exceed ten (10) feet. J. OFF-STREET PARKING: Off-street parking shall be provided in accordance with the provisions of Section 56 and 58 of this Ordinance and other applicable ordinances of the City. No off-street parking shall be located closer than then (10) feet to any adjacent property line. No off- street parking shall be allowed in the front yard. K. am OFF-STREET LOADING: No off-street loading is required in the R -MF -2 District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning Commission. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance with Section 53 of this Ordinance. DESIGN REQUIREMENTS: The following minimum design requirements shall be provided in the R -MF -2 MultiFamily District. 1. Buildings and structures shall conform to the masonry requirements as established in Section 54 of this Ordinance. 2. Individual window air conditioning units are prohibited. Central air conditioning units, heat pumps, and similar mechanical equipment, when 072181 5 Section 22 located outside, shall be landscaped and screened from view in accordance with the provisions of Section 50. 3. The maximum length of any building shall not exceed two hundred (200) linear feet. Such limitation shall apply to any cluster of attached buildings unless there is a break in the deflection angle of at least twenty (20) degrees and under no circumstances shall a cluster of buildings exceed two hundred (250) feet on length. 4. Buildings shall be designed to prevent the appearance of straight, unbroken lines in their horizontal and vertical surface. Buildings shall have no more than sixty (60) continuous feet without a horizontal and vertical break of at least three (3) feet. 5. No building shall be located closer than fifteen (15) feet to the edge of an off-street parking, vehicular use, or storage area. Day care centers shall be exempt from the requirement. 6. The minimum distance between any two (2) unattached buildings shall be twenty (20) feet or the height of the building whichever is greater. Whenever two (2) principal structures are arranged face-to-face or back-to-back, the minimum distance shall be fifty (50) feet. The point of measurement shall be the exterior walls of the buildings and does not include balconies, railings, or other architectural features. 7. Off-street parking areas shall not be closer than ten (10) feet to any adjacent property line. Whenever an off-street parking, vehicular use or storage area is within sixty (60) feet of any adjacent residentially zoned district, the parking area shall be physically screened by a fence, wall, or berm at least six (6) feet high. 8. Parking of recreational vehicles, trailers, motor homes, boats, towed trailers and similar vehicular equipment is permitted provided they are located in a designated vehicular use area which is screened from adjacent residential districts by a fence or wall at least eight (8) feet in height. No vehicular use or storage area shall be located in a required front yard or adjacent to a public right- of-way. Such areas shall also be located at least ten (10) feet from any adjacent property line. 072181 6 Section 22 N. DESIGN REQUIREMENTS FOR DAY CARE CENTERS AND PERSONAL CARE FACILITIES: The following minimum design requirements shall be provided in the R -MF -2 Multifamily Residential Zoning District. 1. MINIMUM LOT SIZE OF DAY CARE CENTERS AND PERSONAL CARE FACILITIES: Lots for day care centers and personal care 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 PERSONAL CARE FACILITIES: The following minimum standards shall be required for day care centers and personal care facilities permitted as a conditional use. a. Depth of front yard, feet.......... 40 b. Depth of rear yard, feet ........... 30 C. Width of side yard, each side ...... 20 d. Width of lot, feet................150 e. Depth of lot, feet................175 072181 7 Section 22 DATE: SEPTEMBER 24, 1992 TO: PLANNING & ZONING COMMISSIONERS FROM: H.T. HARDY, DIRECTOR OF COMMUNITY DEVELOPMENT MARCY RATCLIFF, PLANNER SUBJECT: SPECIAL WORKSHOP OF THE PLANNING AND ZONING COMMISSION MEETING DATE: SEPTEMBER 29, 1992 DISCUSSION OF AMENDMENTS FOR "ASSISTED LIVING" Mr. J.C. Jones made a small presentation at the last Planning and Zoning Commission meeting on September 15, 1992. The Planning and Zoning Commission tabled the item to the September 29, 1992. Staff was instructed to survey other cities to find information regarding what zoning districts allow the proposed use, how it is defined, occupant loads, facility size and other requirement imposed. Attached is the information we have collected from Arlington, Bedford, Colleyville, Euless, Hurst and North Richland Hills. Also attached is a portion of the Minimum Licensing Standards For Personal Care Facilities from the Texas Department of Health, which was furnished by Mr. Jones. Staff felt after reviewing the attached material the recommendation to allow "assisted living" as a Special Use was not necessarily appropriate. Staff has spoken with Mr. Jones about other possible zoning districts to allow the use such as Neighborhood Commercial, Professional Office and maybe some multi -family districts. Staff stated that the proposed use would not be appropriate in any of the single family districts or even Zero Lot Line District. REGULATION OF ANTENNAS AND SHORT WAVE RADIO TOWERS IN RESIDENTIAL DISTRICTS Staff wanted to inform the Planning and Zoning Commission of future amendments to be proposed for regulating antennas and short wave radio towers in residential districts. REVIEW OF THE MASTER THOROUGHFARE PLAN This item has been added at the request of Commission member Curtis Young. He wants to discuss the possibilities of removing the proposed Type B, Major Arterial thoroughfare proposed to go through the Dallas/Fort Worth International Airport. REVIEW OF THE HERITAGE CENTER PLAN The Planning and Zoning Commission expressed interest in the expansion plans for the Heritage Center. Mr. Ron Emrich will present the plan approved by the Heritage Foundation for the Heritage Center. PROPOSED AMENDMENTS TO ALLOW WINERIES WITH OFF -PREMISE WINE SALES According to recent interpretation of Texas State Law, it was determined by the City Attorney that wineries could have retail sales of off -premise consumption of wine with limitations. Attached are proposed amendments that allow a winery to request to locate in the districts proposed to be amended. The amendments include the Definition Section, (definition of a winery), and the Community Commercial, Hotel Corporate Office and Light Industrial Districts for the proposed use to be listed as a conditional use. These proposed amendments would also allow wineries to be located in Planned Commerce Development and Planned Industrial Development. PROPOSED AMENDMENT TO REVISE THE HEIGHT REQUIREMENTS OF THE LIGHT INDUSTRIAL DISTRICT The proposed amendment would change the maximum height requirement from 3 stories or 30 feet to 50 feet unless the property is located contiguous to a residential district. The proposed maximum height is the same in the Community Commercial District. PLANNING & ZONING RESEARCH ASSISTED LIVING CONCEPT FOR ELDERLY City of Arlington - Leo Sims They do not have any assisted living concept properties. They do have supervised living facilities which require 24 hour supervision by staff. They are limited to six tenants and are allowed in multi -family zoning " A l " apartment communities only. City of Bedford - Scott Barnett They do not have any assisted living concept properties with the exception of Parkwood Retirement Community which provides a central dining room serving two meals daily for the apartment community. Tenants reside in independent units with bath and kitchen facilities. Cleaning services are provided as well as day trip excursion van service to area malls and shopping. The city has a MHMR group home for four with 24 hour supervision. An assisted living facility would be allowed only in multi -family communities. City of Colleyville - John Warden This type of facility would only be allowed in multi -family or professional office districts. They were recently approached on a new facility to be placed in a single family residential area but application was not made. They understood that the developers had changed their mind on Colleyville in lieu of a site in Grapevine. They have a present facility in Colleyville which was built over ten years ago in a neighborhood commercial area. They requested a special exception several years ago to build on to the facility at the present location. City of Euless - Ron Tyler They do not have any assisted living facilities in their City. City of Hurst - Mary Ellen Shermire They created a zoning district for assisted living by ordinance (see attached). These types of facilities are allowed in multi -family districts. A facility was approved several years ago but was never built due to a property line dispute. City of North Richland Hills - Clayton Husband They do not have any assisted living facilities in their city. They would be a permitted use in a multi -family district only. SEP -21-'92 HON 11:87 ID:ARL DEV SERVICES DSK TEL N0:817-459-6669 ZONING CITY OF ARLINGTON 9-1900 IX -18 3/26/91 #968 P02 commodities, including raw, semi -finished and finished materials, the storage of which is not accessory to a residential use, and which is visible from ground lever provided, however, that vehicular parking shall not be deemed to be outside storage. S-1917 Story: That portion of a building between the surface of any floor and the surface of the floor next above it, or if there is not floor above it, then the space between the floor and the ceiling next above. S-1918 Substantial or Si nificant: Substantial or significant shall mean over fifty percent (508) of stock in trade, display areas or presentation time in any three (3) month increment period beginning from the date of issuance of a certificate of occupancy. Stock in trade and material shall be measured in terms of titles or objects on display with nonidentical items, with same title or name, considered a separate title or object. (Amend Ord 85-274, 12/3/85) S-1919 Story,_Half: A story under a gable, hip or gambrel roof, the wall plates of which are on at least two (2) exterior walls not more than two feet (2') above the floor of such story. S-1920 Street: Any public thoroughfare dedicated to the publ c use and not designated as an alley or officially approved place. S-1921 Stucco: Exterior portland cement plaster constructed as specified in the Construction Chapter of the Code of the City of Arlington. (Amend Ord 87-41, 3/3/87) S-1922 Supervised living Facility: A residential facility of three (3) or more dwelling units providing living quarters restricted to the elderly who require access to services but not daily nursing or medical intervention. Incidental uses and/or services may include protective supervision, personal care, social and recreational services, assistance with medical requirements, laundry and transportation services, private or common kitchen/ dining facilities, so long as such services are provided to residents only. (Amend Ord 85-252, 10/22/85) SEF' -21-'92 MON 11:08 ID7:APL DEV SERI)ICES DSK TEL W:817-45'=J-hbnJ ' ZONING. 11-500 11-500 "A-111 Dwelling District (Medium DensitX Residential): 11-501 Use Regulations: A building or premises in this Zoning District shall 1 be used only for the following purposes: (1) Any use permitted in the "T" or "D" District (2) Multi -family dwellings, including Supervised Living Facilities, subject to the density and other regulations of the district in which located. `- (Amended Ord 85-252, 10/22/85) (3) College and universities (non-public) (4) Student religious center R�. � (5) Fraternity or sorority house (no residential �) facilities for members; living quarters for custo- dial personnel only) t 'Al (6) Accessory buildings, including a private � garage. Accessory buildings shall not be used for commercial purposes. (7) A one -family garage apartment; provided, however, that the same shall conform to the spacing requirements applicable to accessory buildings. (8) Day care centers (Amend Ord 86-65, 4/8/86) (4) A customarily incidental. use. 11-502 Height Regulations: (1) The maximum height of a residential structure or structure accessory thereto shall be thirty-five feet (35')1 provided, the height of such structure may be increased to not more than forty-five feet (45' ) when, in addition to the minimum front, side and rear setback requirements contained herein, each of said setbacks shall be increased an addi- tional foot for each toot such structure exceeds thirty-five feet (35') in height. (2) To provide for an appropriate transition from single-family or duplex neighborhoods of predomi- nantly one-story dwellings to multi -family uses of higher density and building height, portions of the "A-1" District may be designated by the suffix "S". In the portions so designated, no residential structure shall exceed one (1) story in height. Such suffix may be added or removed from the Zoning XI -1 4/8/86 Resldentlat Districts: R Single Fatuity District: Single-famMy detached dwellings on 7,200 square foot lots; schools; parks; churches; utility distribution lines. No mobile homes. R-1 Single Family District: All uses permitted in R plus: Single-family detached dwonings on 6,000 square foot tots. R-I(Z) Sinpta Family Distrlcl: Single-family detached dwellings on 5,0oo square foot Iola, one side of dwelling must C located on one side jot line. T Townhouse: All ton-residentlal uses permitted In A plus: Townhouses (attached single-family) on 3.60o square toot lots. D Duplex: All uses permitted in T plus: Duplex dwellings on 6,000 square foot lots. A-1 Muiti-Femity (Medium Density): All uses permitted In D plus: Apartments at 14 dwelling units per acre; su ervised livitigi-14011y, student teliglous center; fraternity or sorority house (no residential facilities): day care con or. (S) ►estrkits structures to one story. A-2 Multi -Family (Medium Density): An uses permitted in A-1 plus: Apartments at 10 dwelling unite per acre. A -a Multi -Family (Medium Density): AN uses permitted In A-2 plus: Apartments at 22 dwelling units per acre; pprivate dormitory; lodging or boarding house; fraternity or sorority house; foster home. ,► �A-4 Mill -Family (High bensitA, Apartments at least four or more stories in height, no maximum dwelling units per acre; supervised living tacnity; any non-residentlal use permitted in the A-3 district. Commercial Districts: PS Profssslonal Business: Offices for a doctor, dentist, attorney, architect, CPA, engineer, psychoiogist, chiropractor, podiatrist; day care center, customarily incidental uses. PB(S) limits structures to one story in helgght. o Office: Any use permitted in PB plus: General business offices not offering on-premlas sale, rental or re lr of goods; veterinarian clinic; mortgage banking company (no drive-in windows); optometrist office. O S) limits structures to one story in height. O(H) permits structures up to 76 teat In height. LR Local Astall: All uses permuted In O plus: Convenience store without gasoline sales; retall store; supermarket; beauty shop; washaterda; health studio; drugstore; Portal; nursing home; restaurant with no drive-in service or onaite consumption of alcoholic beverages; private vocational schools; mortgage banking company; pet shop Indoor only; kindergarten. One story maximum height. LB Local Business: All usespermitted in LR plus: Convenience store with gasoline sales; car wash; bank, savings and loan; hospital, home or center dor the acute or chronically In; boat and accessory sales, rental and service; garment cleaners; garden shop, greenhouse or nursery; restaurant with drive-In/plck•up service with on -premise consumption of aicohoile beverages; racquet or swim club; theater: hotel or motel: now auto pans store; Indoor retail sales. L8(L) Ilmks structures to two atones in height. B Business: An uses permitted In LB plus: Motor vehicle sales; muffler shop; motor vehicle repair garage; building material sales; wholesale supply business; amusement center, rental stores; nightclubs and teen clubs; custom craftsman shop; trade school; second hand goods stores or pawn shops; traitor park: pet shop (no outside runs). B-1 Business: All uses permitted In 8 plus: Building material and lumber sales with outside storage; warehousing less than 25,000 sq.H.; trallar rental or sales; driving range or minlatute golf course; tire recapping; plumbing, electrical, air conditioning sales and service shop. industrial Districts LI Light industrial= An uses permitted in 13.1 plus: Contractor's plant, &hop and storage yard; bars: heavy machinery sales and storage: scientific research laboratory; freight terminal• kennel with outside runs; veterinary hospital, outside storage with conditions; adult entertainment establishment. I Industrial: AN uses permitted In LI plus: Used motor vehicle parts; auto paint shop; small appliance manufacture; warehouse or distribution center; metal fabrication (no riveting). M-1 tight Manufacturing: An uses permitted in I plus: Manufacturing of wood, paper, and plastic containers, textile, automobiles, mobile homes, heavy equipment, furnitura, cabinets, aircraft pans, oil well equipment, chemical and food processing; petroleum products wholesale storage; metal fabrlcatlon. M-2 Heavy Manufacturing: All uses permitted M M-1 plus: Petroleum or chemical products bulk storage and manufacturing; galvanizing, hot dlp metal processing; aircraft manufacture; foundry. Some uses allowed In this district also require approval of a Special exception by the Zoning Board of Adjustment. Development Plan Districts: CP Commercial Plan: Any use permitted in PB thru M-2 11 specifically approved by Council. An approved development plan is required prior to issuance of a building permit. PD Planned Development: An forms of residential uses 0 speciMmIly approved by Council; day care canter. An approved development plan Is required prior to issuance of a building permit. Minimum development Site of 2.5 acres. Special Purpose Districts: A Agricultural: Farm; ranch; plant nursery; other agricultural uses; public schools; parks; churches. MH Mobile t=ome: Mobile home parks and subdivisions with incidental uses. Minimum development site of 10 acres. MW Mini -warehouse; Rental of long-term storage units. Minimum development site of 3 screw maximum 50% site coverage; maximum 5,000 square feet per building. IN institutional: Church; day care center; private or parochial schools; supervised living facility. No minimum lot area. Overlay Districts.- BP istricts: BP Business Park: Special use and development standards are applied in this district to promote high quality, high intensity, mixed-use development in dose proximity to control access freeways and other appropriate locations thoughout the City. LP Landmark Preservation: intended to Drotect and preserve those buildlnus, structures, sties and areas of �7 LS Ifni c-0 " d x-1-1 I INN%a-1-100 AO Y.1 I 0 z = L I nHL ZG — L A d ACi N G 0 O G 0 N A to K N 0 c � GT d a 0, to d 0 �+ N f"5 N 0 F+ tti a PIN 0 �Np rOr r w � y 0 M d b per! Obi a a A rr t to 0 W ro to r• P -#w a rr r• a C Co OI a d b d M �+ ro N• tQ B b La 0 LO •t C1 X, h+ 1 F+ Ng 64M 3 ro C m C r +w rr cD d cD 1n :d 1WW� O rt CI 0 in ► ID '3' 0 ro'i. 04 "� '0 bPO x S M tti x O (A y� t; (D N h OF X 0-6 N c0i• Ou cr b m O o � N N n a. rti x a to (1)c rt ry �' to)& '� co F" A. b d ? C w C M Ph tb b O b 01. O 8 9 w O A rt tt P- •+ 0 O h G� "< ry a M, CA rt pt N A `~ CD C R z rt ►� fL < O H rt ul M• O Q tD d F+• dra OH. :3 cr I sp a ' W :3 a a A fn wa►� to 2 �* ►~ iD rr 0 O O N d r• ..• D y tD G" C cr b K rr H M VI tL O tD 0 Hcr fn W � � N N x X }� O x x 7C j� �i Ifni c-0 " d x-1-1 I INN%a-1-100 AO Y.1 I 0 z = L I nHL ZG — L SCAT BY: SECTION X R -7 -MF MULTIFAMILY DISTRICT 10.1 PURPOSE The R -7 -MF District is intended to permit medium density multifamily dwelling units. The District may be combined with a PD (Planned development) District to provide for a grouping of dwelling units to achieve larger open space areas, community recreation areas and to provide for certain local business and office uses which may be deemed compatible with multifamily use through the use of an approved site plan. Density within this district shall not exceed sixteen (16) living units per acre (except as may be granted when combined with a PD District). 10.2 PERMITTED USES The following are the only permitted uses within the 8 -7 -MF dwelling district and are subject to the general conditions of this section and such other sections as are applicable: 10.2.1 Multifamily dwellings 10.2.2 parks and playgrounds 10.2.3 Churches and public schools -- 101.2.4 Residence apartments for the aged 10.2.5 Public buildings, libraries, fire stations 10.2.6 City and utility uses 10.3 PD (Planned Development) Uses 10.3.1 Condominiums 10.3.2 Civic clubs, fraternal organizations, lodges, all without alcoholic beverage sale to members or to the public 10.3.3 Recreational facilities 10.3.4 Day nurseries and kindergartens which shall not exceed a maximum of forty-five (45) children. 10.4 GENERAL CONDITIONS 10.4.1 Lot area requirements: (a) Minimum lot area: Every lot within the R -7 -MF District shall be at least four (4) acres in area (except where a parcel of land is contiguous with like zoning; then the minimum shall be as approved by the Planning and Zoning Commission). (b) Minimum lot width: Every lot within the R -7 -MF District shall be at least two hundred (200) feet in width measured at the front building line. (c) Minimum lot depth: Every lot within the R -7 -MF District shall be at least one hundred ten (110) feet average depth. (d) Maximum lot coverage: No more than forty (40) percent of the lot shall be covered by buildings. 10.4.2 Average dwelling unit size: Every dwelling unit hereafter erected, reconstructed, or altered in this district shall have a floor area of not less than six hundred fifty (650) square feet average per approved site plan per phase for each living unit exclusive of breeze -ways, basements, open and enclosed porches, common corridors, parking area, garages and accessory buildings. 10-1 § 27-7 HURST CODE stucco (as that term is defined in this chapter) may be utilized to fulfill up to one-third of the masonry requirement. The use of stucco within three (3) feet of the top of the slab is prohibited. If a type of construction other than concrete slab is utilized, stucco is prohibited below four (4) feet above grade. c. Single-family detached houses con- structed within this district are sub- ject to the masonry requirements of subsection (eX10) of section 27-4, R-1 Dwelling District. (f) Planned development regulations: (1) R-3 PD uses shall be subject to R-3 general conditions and the general requirements of the planned development section; provided, however, the following R-3 general condi- tions shall not apply except as specifically imposed by the site plan or ordinance adopt- ing such site plan: a. Minimum lot size; b. Minimum lot width; c. Yard requirements; provided, however, there shall be twenty-five (25) feet in exterior in all cases; d. Height; e. Access; L Building -lot ratio; g. Maximum lot coverage; h. Maximum percentage of efficiency apart- ments. (2) Maximum density shall not exceed eighteen (18) dwelling units per acre, or such lower density as may be established by the site plan adopted by ordinance. (Code 1965, Ch. 27, §§ 6.1-6.6; Ord. No. 1124, § 2, 3-25-86; Ord. No. 1306, § 1, 11-27-90) Sec. 27-7.1. RH Retirement Housing District. (a) Purpose of district, The RH Retirement Hous- ing District is intended to permit the development of retirement dwelling units for occupancy pri- marily by persons sixty (60) years of age and over. This district requires site planning to assure both flexibility as well as the amenities required for good retirement housing. Although this district is Supp. No. 8 designed primarily for unassisted living by elderly persons, both assisted housing and nursing homes are permitted limited accessory uses. Dwelling unit density is limited by controls to approximately fifteen and one-half (15'x) units per acre. (b) Permitted uses. The following are the only permitted uses within the RH Dwelling District and are subject only to the general conditions of this section, and such other sections as are applicable: (1) Residences: a. Single-family detached residences. b. Single-family attached residences. c. Multifamily retirement apartments. (2) Parks and playgrounds. (3) Public buildings, libraries, fire stations. (4) Accessory uses named in subsection (c) below. (c) RH accessory uses. The following uses shall be allowed only as accessory uses under RH zon- ing, subject to the conditions set forth herein, as well as to the general conditions of this district: (1) Nursing home, assisted housing, hospital, convalescent facility, provided, however, the number of beds for all such facilities shall not exceed the number of single-family and multifamily dwelling units in the project. The term "assisted housing" shall be deemed to mean housin fpr persons who must re- ceive limited personal care assistance and orTinarily will mean a bed in a single oc- cupancy bedroom with a private bath. (2) Staff residences not exceeding ten (10) per- cent of the total number of dwelling units, office, recreational, food preparation, din- ing facilities and other amenities serving residents. (3) Beauty and barber shop with a maximum floor area of one thousand (1,000) square feet. (4) Snack bar with a maximum of three hun- dred fifty (350) square feet per one hundred (100) dwelling units. 1730 ZONING (5) . Convenience retail shop with a maximum of three hundred fifty (350) square feet per one hundred (100) dwelling units to pro- vide for the sale of food items, nonprescription drugs, small household items and gifts to the residents and their guests, but not in- tended for use by the general public. (6) Indoor and outdoor recreational facilities. (d) Reserved (e) General conditions. (1) Area requirements.- a. equirements.a. Minimum lot size: Every lot within the zoning district shall be at least three (3) acres in area (one hundred thirty thousand six hundred eighty (130,680) square feet). b. Maximum lot coverage: No more than twenty-five (25) percent of the total lot area shall be covered by buildings; pro- vided, however, if at least one (1) cov- ered parking space is provided for each dwelling unit, up to thirty (30) percent of the total lot area may be covered by buildings. c. Building -lot ratio. There shall be at least two thousand eight hundred (2,800) square feet of lot area for each dwell- ing unit built on any lot, plus four hun- dred (400) square feet of lot area for each nursing home bed. (2) Minimum dwelling unit size. Every dwell- ing unit hereafter erected, constructed, re- constructed or altered in this district shall have a floor area exclusive of breezeways, basements, open and screened porches, cor- ridors, parking area, garages and accessory buildings of not less than the following: a. Single-family detached: Twelve hundred fifty (1250) square feet. b. Single-family attached: Eleven hundred (1100) square feet. c. Apartments: One bedroom, six hundred (600) square feet. d. Efficiency: Five hundred (500) square feet. Supp. No.1 § 27-7.1 e. Two bedroom: Seven hundred fifty (750) square feet. f. No more than twenty (20) percent of the total dwelling units shall be effi- ciencies. (3) Yard requirements. Every lot within this district shall have exterior yards of at least twenty-five (25) feet. Such lot shall have minimum interior yards of at least twenty (20) feet for one-story buildings and an ad- ditional five (5) feet for each story thereaf- ter, subject to provisions of section 27-21(b). Every part of a required yard or court shall be maintained as open space; provided that ordinary projections may ektend into a min- imum side yard or court not more than twenty-four (24) inches. In this district the following rules shall be followed in the establishment of the mini- mum width of a yard: a. When the exterior walls of one (1) build- ing or of adjacent buildings are within sixty (60) degrees of being parallel and neither contains windows or doors, such walls shall be separated by not less than ten (10) feet of open space. b. When the exterior walls of one (1) build- .ing or of adjacent buildings are within sixty (60) degrees of being parallel and one (1) but not both contains windows or doors, such walls shall be separated by not less than twenty (20) feet of 1730.1 open space. c. When the exterior walls of one (1) build- ing or of adjacent buildings are within sixty (60) degrees of being parallel and both contain windows or doors, such walls shall be separated by not less than forty (40) feet of open space. (4) Height restrictions. No building shall ex- ceed thirty-five (35) feet in height, unless specifically approved for a greater height by site plan. (5) Fences and screening. Fences and screen- ing shall be provided and maintained as set forth in section 27-21(e). § 27.7.1 HURST CODE (6) Parking. Parking as required in Table 20-3 shall be provided. (7) Signs. Subject to the general restrictions of section 27-22. (8) Accessory buildings. Accessory buildings, including garages, tool sheds, and green- houses shall be permitted behind the front building line; provided, however, that no structure shall be allowed in any required yard. (9) Refuse containers. All refuse and refuse con- tainers shall be screened from view of ad- jacent public streets. (10) Open space. In addition to paved parking and driving areas, and reserve for parking, at least fifteen (15) percent of the lot shall be maintained in landscaped open area. (11) Outdoor recreation space. In addition to the required minimum open space, the amount of a lot equal to twenty (20) percent of the total dwelling unit floor area shall be main- tained in minimum outdoor recreation space. (12) Exterior wall surfaces. a. The exterior surface of walls of all dwell- ings in this district other than single- family detached houses shall be at least ninety (90) percent masonry, excluding window and door openings. b. Notwithstanding the definitions of ma- sonry contained in the building code, stucco, as that term is defined in this chapter, may be utilized to fulfill up to one-third (%) of the masonry require- ments. The use of stucco within three (3) feet of the top of the slab is prohib- ited. If a type of construction other than concrete slab is utilized, stucco is pro- hibited below four (4) feet above grade. C. Single-family detached houses con- structed within this district are sub- ject to the masonry requirements of section 27-4(eX10) of the R-1 dwelling district. (13) Required amenities. The following are min- imum requirements: Supp. No. 1 1730.2 a. Meeting rooms, dining halls, indoor rec- reation space: Seventy-five (75) square feet multiplied by the number of dwell. ing units. b. Each dwelling unit shall have a kitch- en; the project must have kitchen and dining facilities adequate to serve all residents. c. Housekeeping services. d. Safety enhancements: 1. Automatic sprinkler system. 2. Two-way calling system with pro- visions for notification. 3. Grab bars around tubs/showers. 4. Doors in areas into which resi- dents may be expected to go shall be wide enough to accommodate wheelchairs. 5. EIectrical outlets at least twenty- four (24) inches above floor. 6. Safety devices on tub/shower to pre- vent scalding injuries. 7. Flameless cooking surfaces in dwell- ing units. 8. All floor surfaces in areas normally open to residents shall be non-skid. 9. Wherever steps are located in areas normally open to residents, ramps or elevators shall be provided in addition. e. Individually adjustable refrigerated air/central heat in each dwelling unit. f. Groundskeeping. g. Transportation services (mini -bus or van service for residents). (14) Age of residents. Except for accessory staff housing as provided for in this section, at least one (1) of the occupants of each dwell- ing unit in this district shall be at least sixty (60) years of age, as shall at least eighty (80) percent of the occupants of nurs- ing home beds. (15) Site plan approval All uses within this dis- trict require site plan approval. No zone change to RH shall be considered without a site plan fulfilling all the requirements of this district. I ZONING § 27-7.1 (16) Site plan information The site plan shall o. Detailed architectural renderings of the show at least the following items of infor- front, back and side elevations of each mation: building. a. The land area included with the site, p. Recreational facilities plan depicting the land area of all abutting sites Q indoor and outdoor structures and the zoning classification thereof, all pub- amenities. lic and private rights-of-way and ease- q. A final landscaping and irrigation plan ments bounding and intersecting the showing the following information: lo - site and the abutting sites which are cation and type of vegetation; official proposed to be continued, created, re- count of existing tree stand and the located and/or abandoned. designation of those trees that will be b. The proposed finished grade of the site, preserved as a permanent part of the shown to contour intervals of not to landscaping; total square footage and exceed two (2) feet. percentage of site maintained as land- c. A legal description of the proposed site scaped open space; required landscaped and the boundaries thereof. area reserved for future parking spac- d. The location of each existing and each es; formal, landscaped entryways. proposed structure on the site, the gen- r. Transportation service plan designat- eral category of use or uses to be con- ing the following items: number and tained therein, the number of stories, type of vehicles to be utilized; storage gross floor area, and the location of and maintenance of vehicles; proposed entrances and exits to buildings. routes and schedule of services to be e. A columnar chart of the following data: provided to the residents of the retire- number, and square footage of each type ment complex. of dwelling unit; number of nursing, s. Security system plan depicting location assisted living, and hospital beds; square of gates, guard stations and surveillance footage of all other accessory uses. equipment (only applicable to projects f. The location of all on-site facilities for providing this service). liquid and solid waste disposal. g. The location and width of all curb cuts (17) Administrative On approval of the site plan, and driving lanes. all necessary permits or certificates author - h. The dimensions and capacities of park- ized thereby may be issued. Subsequent to ing areas and loading areas, and the such approval, minor changes may be au - character and location of illumination thorized by the enforcing officer when such facilities for same. minor changes will not cause any of the L All pedestrian walks, malls and open following circumstances to occur: areas for use by tenants or the public. a. A change in the character of the devel- j. The location, height and design of all opment. walls and fences. b. An increase in the ratio of the gross k. The location, size, height, orientation floor areas in structures to the area of and design of all signs. any lot. 1. The types of surfacing, such as paving, c. An increase in the intensity of use. turfing or gravel, to be used at the d. A reduction in the originally approved various locations. separations between buildings. m. The location of fire hydrants. e. An increase in the problems of circula- n. Drainage plans and information as may tion, safety, and utilities. be available to show that the develop- f. An increase in the external effects on ment will not be adversely affected by adjacent property. flooding action. Supp. No. 1 i�EcZi193 § 27=7.1 CITY OF HURST HURST CODE g. A reduction in the originally approved (2) Staff residences not exceeding ten (10) per - setbacks from property lines. cent of the total number of dwelling units, h. An increase in ground coverage by office, recreational, food preparation, din. structures. ing facilities and other amenities serving i. A reduction in the ratio of off-street residents. parking and loading space to gross floor area in structures. (3) Beauty and barber shop with a maximum j. A change in the subject, size, lighting, floor area of one thousand (1,000) square or orientation of originally approved feet. signs. (4) Snack bar with a maximum of three hun- (Ord. No. 1134, § 1, 7-8-86; Ord. No. 1157, § 1, dred fifty (350) square feet per one hundred 11-11-86) (100) dwelling units. vl Seci 2? -7.2: Assisted Living District: (5) Convenience retail shop with a maximum of three hundred fifty (350) square feet per (a) Purpose of district. The AL Assisted Living one hundred (100) dwelling units to pro - District is intended to permit the development of vide for the sale of food items, nonprescrip- dwelling units for occupancy by persons requir- tion drugs, small household items and gifts ing that level of care and support defined by the to the residents and their guests, but not State of Texas as "supervised living." This dis- intended for use by the general public. trict requires site planning to assure both flexi- bility as well as the amenities required for qual- (6) Indoor and outdoor recreational facilities. ity housing. Although this district is designed (d) Reserved primarily for assisted living, nursing homes are a (e) General conditions: permitted use. (b) Permitted uses. The following are the only (1) Area requirements: permitted uses within the AL District and are a. Minimum lot size: Every lot within the subject only to the general conditions of this sec- zoning district shall be at least three tion, and such other sections as are applicable: (3) acres in area (one hundred thirty (1) Residences: thousand six hundred eighty (130,680) square feet). a. Multifamily assisted living apartments b. Maximum lot coverage: No more than and/or single occupancy bedrooms with twenty-five (25) percent of the total lot private bath. The term "assisted liv- area shall be covered by buildings; pro- ing" shall be deemed to mean housing vided, however, if at least one (1) cov- for persons who must receive limited ered parking space is provided for each personal care assistance. dwelling unit, up to thirty (30) percent b. Nursing home. of the total lot area may be covered by (2) Parks and playgrounds. buildings. c. Building -lot ratio: There shall be at (3) Public buildings, libraries, fire stations. least two thousand eight hundred (2,800) (4) Accessory uses named in subsection (c) below. square feet of lot area for each dwell- ing unit built on any lot, plus four hun- (c) AL accessory uses. The following uses shall dred (400) square feet of lot area for be allowed only as accessory uses under AL zon- each nursing home bed. ing, subject to the conditions set forth herein, as well as to the general conditions of this district: (2) Minimum assisted living unit size Every assisted living unit hereafter erected, con - (1) Adult day care centers providing nonresi- structed, reconstructed or altered in this dential care; hospitals. district shall have a floor area exclusive of Supp. No. l 1730.4 I ZONLNG § 27-7.2 breezeways, basements, open and screened specifically approved for a greater height porches, corridors, parking area, garages by site plan. and accessory buildings of not less than the following: (5) Fences and screening. Fences and screen- ing shall be provided and maintained as Apartments: set forth in section 27-21(e). One bedroom: Six hundred (600) square (6) Parking. Parking as required in Table 20-3 feet. Efficiency: Five hundred (500) square shall be provided. feet. (7) Signs. Subject to the general restrictions of Two bedroom: Seven hundred fifty (750) section 27-22. square feet. (8) Accessory buildings. Accessory buildings, (3) Yard requirements. Every lot within this including garages, tool sheds, and green - district shall have exterior yards of at least houses shall be permitted behind the front twenty-five (25) feet. Such lot shall have building line; provided, however, that no minimum interior yards of at least twenty structure shall be allowed in any required (20) feet for one-story buildings and an ad- yard. ditional five (5) feet for each story thereaf- ter, subject to provisions of section 27-21(bX4). (9) Refuse containers All refuse and refuse con - Every part of a required yard. or court shall tainers shall be screened from view of ad - be maintained as open space; provided that jacent public streets. ordinary projections may extend into a min- (10) Open space. In addition to paved parking imum side yard or court not more than and driving areas, and reserve for parking, twenty-four (24) inches. at least fifteen (15) percent of the lot shall In this district the following rules shall be be maintained in landscaped open area. followed in the establishment of the mini- (11) Outdoor recreation space. In addition to the mum width of a yard: required minimum open space, the amount a. When the exterior walls of one (1) build- of a lot equal to twenty (20) percent of the ing or of adjacent buildings are within total dwelling unit floor area shall be main - sixty (60) degrees of being parallel and tamed in minimum outdoor recreation space. neither contains windows or doors, such (12) Exterior wall surfaces: walls shall be separated by not less than ten (10) feet of open space. a. The exterior surface of walls of all dwell - b. When the exterior walls of one (1) build- ings in this district shall be at least ing or of adjacent buildings are within ninety (90) percent masonry, excluding sixty (60) degrees of being parallel and window and door openings.. - one (1) but not both contains windows b. Notwithstanding the definitions of ma - or doors, such walls shall be separated sonry contained in the building code, by not less than twenty (20) feet of stucco, as that term is defined in this open space. chapter, may be utilized to fulfill up to c. When the exterior walls of one (1) build- one-third of the masonry requirements. ing or of adjacent buildings are within The use of stucco within three (3) feet sixty (60) degrees of being parallel and of the top of the slab is prohibited. If a both contain windows or doors, such type of construction other than concrete walls shall be separated by not less slab is utilized, stucco is prohibited below than forty (40) feet of open space. four (4) feet above grade. (4) Height restrictions. No building shall ex- (13) Required amenities: The following are min- ceed thirty-five (35) feet in height, unless imum requirements: Supp. No. 1 1730.5 ZONING p. Recreational facilities plan depicting indoor and outdoor structures and amenities. q. A final landscaping and irrigation plan showing the following information: lo- cation and type of vegetation; official count of existing tree stand and the designation of those trees that will be preserved as a permanent part of the landscaping; total square footage and percentage of site maintained as land- scaped open space; formal landscaped entry ways. r. Transportation service plan designat- ing the following items: number and type of vehicles to be utilized; storage and maintenance of vehicles; proposed routes and schedule of services to be provided to the residents of the retire- ment complex. s. Security system plan depicting location of gates, guard stations and surveillance equipment (only applicable to projects providing this service). (17) Site plan changes. On approval of the site plan, all necessary permits or certificates authorized thereby may be issued. Subse- quent to such approval, minor changes may be authorized by the enforcing officer when such minor changes will not cause any of the following circumstances to occur: a. A change in the character of the devel- opment. b. An increase in the ratio of the gross floor areas in structures to the area of any lot. c. An increase in the intensity of use. d. A reduction in the originally approved separations between buildings. e. An increase in the problems of circula- tion, safety and utilities. f. An increase in the external effects on adjacent property. g. A reduction in the originally approved setbacks from property lines. h. An increase in ground coverage by structures. Supp. No. 8 § 27-8 i. A reduction in the ratio of off-street parking and loading space to gross floor area in structures. j. A change in the subject, size, lighting or orientation of originally approved signs. (Ord. No. 1191, § 1, 5-26-87) Sec. 27-8. 0-1 Office District. (a) Purpose of district The 0-1 Office District is intended to permit areas of limited low -intensity office uses having similar land use controls to the R-1 district. (b) Permitted uses. The following are the only permitted uses within the 0-1 Office District and are subject to the general conditions of this sec- tion and such other sections as are applicable: (1) Professional offices and any other office not requiring the display or inventory of mer- chandise; (2) Libraries, parks and playgrounds, churches, elementary and junior high schools, and educational institutions offering programs equivalent to public school grades; (3) Public buildings including fire stations, mu- nicipal buildings and city halls; (4) Water wells, water storage and pumping facilities. (c) Planned development use& The following uses shall be allowed in 0-1 planned development uses: Permitted uses under R-1 zoning. (d) Conditional uses. Lodges, fraternal organi- zations, civic clubs subject to conditional use re- quirements of R-1 and the additional requirement that there be no sale of alcoholic beverages to members or the public. 1731 (e) General conditions. (1) Area requirements. a. Minimum lot size. Every lot within the zoning district shall be at least ten thou- sand (10,000) square feet in area. b. Minimum lot width. Every lot within this zoning district shall be at least § 27-7.2 HURST CODE f l a. Meeting rooms, dining halls, indoor rec- a. The land area included with the site, reation space: Seventy-five (75) square the land area of all abutting sites and feet multiplied by the number of as- the zoning classification thereof, all pub- sisted living units. lic and private rights-of-way and ease - b. The project must have kitchen and din- ments bounding and intersecting the ing facilities adequate to serve all site and the abutting sites which are residents. proposed to be continued, created, re - c. Housekeeping services. located and/or abandoned. d. Safety enhancements. b. The proposed finished grade of the site, 1. Autpmatic sprinkler system. shown to contour intervals of not to 2. Two-way calling system with pro- exceed two (2) feet. visions for notification. c. A legal description of the proposed site 3. Grab bars around tubs/showers and and the boundaries thereof, toilets. d. The location of each existing and each 4. Doors in areas into which resi- proposed structure on the site, the gen- dents may be expected to go shall eral category of use or uses to be con - be wide enough to accommodate tained therein, the number of stories, wheelchairs. gross floor area, and the location of 5. Electrical outlets at least twenty- entrances and exits to buildings. four (24) inches above floor. e. A columnar chart of the following data: 6. Safety devices to prevent scalding number and square footage of each type injuries in bathrooms. of dwelling unit; number of nursing, 7. Flameless cooking surfaces in dwell- assisted living, and hospital beds; square ing units. footage of all other accessory uses. 8. All floor surfaces in areas normally f. The location of all on-site facilities for open to residents shall be nonskid. liquid and solid waste disposal. - 9. Wherever steps are located in areas g. The location and width of all curb cuts normally open to residents, ramps and driving lanes. or elevators shall be provided in h. The dimensions and capacities of park - addition. ing areas and loading areas, and the 10. Corridors shall be at least eight character and location of illumination (8) feet wide with hand rails. facilities for same. 11. Bathrooms shall provide five (5) i. All pedestrian walks, malls and open , feet clearance to wheelchair. areas for use by tenants or the public. e. Individually adjustable refrigerated j. The location, height and design of all air/central heat in each dwelling unit. walls and fences. f. Groundskeeping. k- The location, size, height, orientation g. Transportation services (mini -bus or van and design of all signs. service for residents). 1. The types of surfacing, such as paving, turfing or gravel, to be used at the (15) Site plan approval. All uses within this dis- various locations. trict require site plan approval. No zone m. The location of fire hydrants. change to AL shall be considered without a n. Drainage plans and information as may site plan fulfilling all the requirements of be available to show that the develop - this district. ment will not be adversely affected by flooding action. (16) Site plan information. The site plan shall o. Detailed architectural renderings of the show at least the following items of infor- front, back and side elevations of each mation: building. Supp. No. 1 1730.6 91 MINIMUM LICENSING STANDARDS FOR PERSONAL CARE FACILITIES TITLE 25, HEALTH SERVICES PART 2, TEXAS DEPARTMENT OF HEALTH CHAPTER 145, LONG TERM CARE SUBCHAPTER S 145.321 - 145.335 TEXAS DEPARTMENT OF HEALTH 1100 WEST 49TH STREET AUSTIN, TEXAS 78756 EFFECTIVE: JANUARY 1, 1991 REVISED: SEPTEMBER 1, 1991 REVISED: MAY 5, 1992 Stock No. 12-194 MINIMUM LICENSING STANDARDS FOR PERSONAL CARE FACILITIES 145.321 - 145.335 Table of Contents 145.321 - Purpose and Scope...........................................1 145.322 - Definitions.................................................3 145.323 - General Characteristics of Personal Care Residents and Types of Personal Care Facilities ......................5 145.324 - General Requirements........................................7 145.325 - General Enforcement........................................10 145.326 - Administrative Management..................................11 145.327 - Staffing...................................................14 145.328 - Operational Policies, Admission Policies And Records ......15 145.329 - Medications................................................16 145.330 - Accident, Injury, Or Acute Illness .........................18 145.331 - Personal Belongings and Finances ...........................19 145.332 - Dietary Service ............................................19 145.333 - Resident Bill of Rights and Provider Bill of Rights........ 21 145.334 - Building Construction......................................24 145.335 - Plans, Approvals, and Construction Procedures..............40 eINIMUM LICENSING STANDARDS FOR PERSONAL CARE FACILITIES 145.321 Purpose and scope. WN (a) The minimum licensing standards for personal care facilities are promulgated under the authority of the Health and Safety Code, Chapter 247. (b) A person or governmental unit, acting severally or jointly with any other person or governmental unit, may not establish or operate a personal care facility without a license issued under the Health and Safety Code, Chapter 247. '(c) The purpose of the standards in this subchapter is to promote the public health, safety, and physical and mental well-being of the residents and to; provide for the development, establishment, and enforcement of standards: (1) for the care of individuals in facilities of the character defined and covered in this subchapter; and (2) for the establishment, construction, maintenance, and operation of such facilities which will promote safe and adequate care of individuals in these facilities. (d) A personal care facility does not include an establishment which furnishes food, shelter, and care to fewer than four persons unrelated to the proprietor or a foster care type residential facility that serves fewer than five persons and operates under rules adopted by the Texas Department of Human Services. (e) The philosophy of personal care facilities is as follows. (1) Persons who contract for and receive personal services which are in excess of room, board, and laundry, and are housed in facilities or environment for the express purpose of receiving these services, need and deserve the protection of the law in assuring that they are provided safe and sanitary living conditions and basic care fitting their physical and mental needs. (2) A personal.care facility covered by this subchapter in- cludes an establishment, including a board and care home, that: furnish- es, 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 a_nd supervision of a p�sician licensed by the Texas State Board of Medical Examiners, or services h h__M `e't'iome need beyond basic provision of food, shelter, and laundry. .0 (3) Facilities or establishments licensed under the standards in this subchapter are known as personal care facilities. Residents in these facilities depend on staff to provide them with various degrees of assistance in everyday living. In providing this assistance, a personal care facility shall function as follows. (A) The personal care facility shall provide the basic and primary needs of the residents. All residents will need: (i) a safe, comfortable, and sanitary environment; (ii) a food service which provides wholesome and ` satisfying meals meeting general nutritional needs; and (iii) humane treatment. (B) The personal care facility shall meet other basic and primary needs of the residents. Residents may require at least one or more of the following needs, while some residents may require all of the following needs: (i) assistance with meals, dressing, movement, bathing, or other personal needs or maintenance; (ii) the administration of medication by a person licensed to administer medication or the assistance with or supervision of medication; or EP54ZItIr7 ` Aa—, !" �iCd �1�iJ 15 I-Ak- v (iii) 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 the facility or who needs assistance to manage his personal life, regardless of whether TjII3Y3'ian has been appointe or a person. (C) Residents whose needs cannot be met by the personal care facility, or the necessary services secured by the resident, shall not be admitted or retained in the facility. when services beyond assistance are needed, the decision that such services can be provided or secured shall be the responsibility of facility management with written Qoncurrence of the resident, resident's attending physician _and/or responsible Darty. This concurrence shall be placed in the facility file. Refe�to *145.330(e) of this title (relating to Accident, Injury, or Acute Illness). (D) The basic and primary needs of the residents shall be provided in the least restrictive environment and manner possible. (4) Structured or organized medical, nursing, or other care as found in licensed hospitals, licensed nursing homes, licensed custodial care homes, and similar specialized facilities, cannot be furnished by the licensed personal care facility staff, but can be provided by professional 2 personnel as could be delivered in a person's home, when contracted bv the resident. Refer to *145.330(e) of this ti (relating to Accident, Injuryy,, or Acute Illness). (5) Personal care has at least two basic elements: (A) the delivery of services requires the presence bf'a facility staff member; and (B) the services performed are of a protective or safeguard nature in efforts to maintain or restore basic health, safety, and well- being of the residents. 1445.322, Definitions. The following words and terms when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise. Act - The Personal Care Facility Licensing Act, Health and Safety Code, Chapter 247. 'Attendants Any individual who is providing service to the residents, and can include, but is not limited to aides, cooks, janitors, porters, maids, laundry workers, security personnel, bookkeepers, managers etc. as they are also of service to the residents. 3 �) Authority having jurisdiction(AHJ) - Texas Department of Health. ' rD iet'ti n -'A dietitian is as follows. Z(A) A registered dietitian is a dietitian who is currently registered by the Commission on Dietetic Registration. T�ctJ (B) A li:ensed dietitian is a dietitian who is currently L::I, licensed by the Texas State Board of Examiners of Dietitians and who has l'2,S N J 15 hours of dietetic continuing education annually. Facility - An institution coming under the scope of Personal Care Facility Licensing Act, Health and Safety Code, Chapter 247, and furnishes room, board, and one or more services of a personal care or protective nature. Governmental unit - The state or any county, municipality or other political subdivision," or any'department, division, board, or other agency of any of the foregoing. Immediately Available - The capability of facility staff to immediately respond to an emergency situation after being notified through a communication and/or alarm system. The staff is to be no more than 600 feet from the farthest resident. 3 impractical resident - An impractical resident is: (A) a resident with a physical disability_ of a nature that he/she is not capable of maneuvering in a wheelchair, walker, etc.,, unaided; (B) a resident who will not take or cannot understand instructions from a staff member; or {�lM —�► (C) a resident that is taking medication which will make it difficult for a staff member to arouse the person quickly. 4e%� o7 W Cc xv►'� t_, % 11 15 1 Licensing agency - The Texas Department of Health. Medication - Medication is: (A) any substance recognized as a drug in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, Texas Drug Code Index or official National Formulary, or any supplement to any of the above; (B) any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease; (C) any substance (other than food) intended to affect the structure or any function of the body; (D) any substance intended for use as a component of any substance specified in this definition. It does not include devices or their components, parts, or accessories. Medication administration - The direct application of a medication or drug to the body of a resident by an individual licensed to administer medication in the state of Texas. Medication assistance or supervision - The assistance or supervision of the medication regimen by facility staff. Refer to *145.329(b) of this title (relating to Medications). Medication (self -administration) - The capability of resident's to administer their own medication/treatments without assistance from the facility staff. G __._ NFPA 101 - the 1988 publication titled "NFPA 101 Life Safety Code" published by the National Fire Protection Association, Inc, Batterymarch Park, Quincy, Massachusetts 02269. Person - Any individual, firm, partnership, corporation, association, or joint stock association, and the legal successor thereof. 4 Personal care - Acts of a protective nature. Personal care is understood to mean adult"Oand responsible supervision of or assistance with routine living functions in instances of a resident's condition necessi- tating such ecessi- tating-such supervisionor assistance. - Personal care includes a wide variety of services which would require or result in the presence of an intermediary for the protection and care of the resident. Refer to *145.321(e)(3)(A) and (B) of this title (relating to Purpose and Scope). Physician - A practitioner licensed by the Texas State Board of Medical Examiners. Resident - Anyone accepted for care in the personal care facility. t 1 % _Re_ s_ pite, - The provision by a facility of room, board, and care at the level ordinarily provided for permanent residents of the facility to a person for not more than 60 days for each stay in the institution. Safety - Action taken to protect from injury or loss of life due to such conditions as fire, electrical hazard, unsafe building or site conditions, and the hazardous presence of toxic fumes and materials. Sanitation - Action taken to protect from illness, the transmission of disease or loss of life due to unclean surroundings, the presence of disease -transmitting insects, or rodents, unhealthful conditions or practices in the preparation of food and beverage, or the care of personal laundry. �)N1 Service Plan - A written re or t e supervision and nonmedical care needed by person. -�.r---......n Standards - The minimum licensing standards in this subsection intended to protect the health and safety of the residents. 145.323. General Characteristics of Personal Care Residents and Types of Personal Care Facilities. (a) General characteristics of personal care residents include, but are not limited to, the following. A resident may: (1) not have a disease endangering other residents; ( 2 ) exhibit symptoms of emotional disturbance, but are not considered dangerous to himself/herself or other residents; {3)_ need occasional assistance with walking; - (4) require assistance with bathing, dressing, and grooming; (5) require occasional assistance with routine skin care, such as application of lotions, treatment of minor cuts and burns; 5 (6) need reminders to encourage toilet routine and prevent incontinence; (7) require the occasional or temporary services by professional personnel, if provided by contract with the individual resident; (8) need assistance with medications, supervision of self- medication, or administration of medication; (9) require encouragement to eat or monitoring for brief periods of time due to social or psychological reasons of temporary illness; (10) be hearing impaired or speech impaired; (11) be incontinent without skin breakdown; ? (12) require established therapeutic diets; (13) require self-help devices; r ''�,�' (14) occasionally require restraints with physician's orders. r Ll.n- t�jr, Refer to *145.333(a)(2) of this title (relating to Resident Rights); and �r:��l c, ) (15 ) need assistance with meals. (b) Types of personal care facilities are as follows: (1) Type A. In a Type A facility a resident: (A) is physically and mentally capable of evacuating the facility unassisted in the event of an emergency. This may include the mobile nonambulatory, e.g., persons in wheelchairs having the capacity to transfer and evacuate themselves in an emergency; (B) does require usual and routine attendance during nighttime sleeping hours; and (C) must be capable of following directions for taking appropriate action for self-preservation under emergency conditions. (2) Type B. In a Type B facility a resident may: (A) be physically and/or mentally incapacitated or handicapped, and would require staff assistance to evacuate; (B) be incapable of following directions and taking appropriate action for self-preservation under emergency conditions; (C) require routine supervision during nighttime sleeping hours. An attendant must be awake and on call for assistance; 6 (D) not be bedfast, but may be chairfast needing assist- ance with transferring ul�on arising and retiring, but once into the chair is able to move about independently; or (E) have needs such as indwelling catheter, I routine colostomy care, etc., when self care is provided and appropriate or when care is provided by contract with professional personnel by the individual resident; 145.324. General Requirements. (a) Each license, good for one year, shall specify the name of the facility, location of the facility, and the type and maximum allowable number of residents to be cared for at any one time. No greater number of residents shall be kept than is authorized by the license. The license is not transferable or assignable. (b) Copies of these standards shall be made available, upon request, to facility personnel and to residents and/or resident's responsible parties. Personnel shall be instructed on the requirements of the law and the regulations pertaining to their respective duties. (c) The term "hospital", "nursing home", and/or "custodial care home" may not be used as part of the name of a personal care facility; however, a personal care facility may be a distinct unit of a licensed hospital, licensed nursing home, or licensed custodial care home. (d) Any personal care facility licensed on or before December 31, 1990, under Health and Safety Code, Chapter 242 shall be granted a r temporary permit to continue operation until the licensing agency has performed any inspection and investigation required by this article. The facility will be given 60 days to attain compliance with operational standards and 6 months for physical plant compliance. If additional time is needed for physical plant compliance, permission must be received from the licensing agency. (e) Existing facilities, of eight beds or less, (facilities that have residents but are not licensed as a personal care facility) will be given twelve months, from the date of the initial architectural inspection, to meet the Life Safety Code and physical plant requirements of these standards. (f) Alternative provisions or variations of these standards may be acceptable to the licensing agency for any facilities or institutions subject to licensure and which are operated by, and under the supervision of, or approved by governmental agencies primarily engaged in thetrain- ing, rehabilitation, or education of residents, based on and commensurate with the needs of the residents and the scope and guidelines or standards of the program. Additionally, certain institutions or establishments may be determined to be exempt from licensure. (g) These standards have been written primarily based on residents being present in the facility essentially at all times; however there may C(may,L �9 �t i� �'5 � tt�, cilities in which residents are away from the facility at certain ds of the day on a coordinated basis as appropriate or on approval of acility management. In those instances variations or alternative provisions wi respect to some of the details of the standards may be appropriate. (h) The personal care facility shall be constructed and operated in accordance with all applicable local, state, or federal requirements. (i) The facility shall provide an activity and/or social program at least weekly far the - (j) Upon request, the facility management shall make available to the licensing agency representatives copies of the relevant facility documents or records which in the opinion of the licensing agency representatives contain evidence of conditions that threaten the health and safety of residents. Documents or records which may be made available and copied are 1 admission sheets, medication profiles, observation note s medication refusal notes, and menu records. The face ity may charge the licEnsing agency at the rate not o exceed the rate c arged by the department for copies. Collection shall be by billing the licensing agency. The procedure of copying will be the responsibility of the manager or designee. If copying requires the records be removed from the facility, a representative of the facility will be expected to accompany the records and assure their order and preservation. It will be the responsibility of the licensing agency to maintain the -confidentiality of all records or Kll"t documents photocopied for their use, in accordance with recognized standards of medical records practice, applicable state laws, and licensing agency policy. (k) In the event any facility licensed under the Personal Care Facil- ity Act, Health and Safety Code, Chapter 247, ceases operation temporarily or permanently, voluntarily or involuntarily, notice of the closure shall be provided the residents and residents' relatives or responsible parties. If the closure is voluntary, notice to residents' relatives or responsible parties shall be in writing, giving at least seven days notice for reloca- tion after receipt of notice. In involuntary closure actions, notices shall be provided as required within seven days of ownership's final decision to close. Written notice is waived for involuntary closure; however, the facility remains responsible for immediate verbal notice to residents, relatives, or responsible parties. (1) Each licensed facility shall conspicuously and prominently post the facility license in one area of the facility that is readily and customarily available to the public. In the case of a licensed section that is part of a larger building or complex, the posting shall be in the licensed area where public notices are usually posted. (m) Inspection reports, and related reports prepared by the licensing agency are available to the public through the established licensing agency's public disclosure procedures. The most current 12 months inspection reports shall be available at the business office or manager's office on premises during normal facility office hours. 8 (n) Abuse or. neglect of residents or possible abuse or neglect of residents must be reported0 in accordance with the following requirements: (1) A person, including an owner or employee of a facility, who ^� has cause to believe that the physical or mental health or welfare of a resident has been or may be adversely affected by abuse or neglect caused by another person shall report the abuse or neglect to the licensing agency or any local or state law enforcement agency. (2) Each facility shall require each employee of the facility, who has cause to believe that the physical or mental health or welfare of a resident has been or may be adversely affected by abuse or neglect caused by another person, to report the abuse or neglect to the licensing agency. (3) Nonaccusatory reports reflecting the reporting person's. belief that a facility resident has been or will be abused or neglected or )C has died of abuse or neglect shall be made to the licensing agency or any N local or state law enforcement. agency. All reports must contain the name >�-5 d+J and address of the facility resident, the name and address of the person ,6k'1PCL51C sponsible for the care of the resident, if available, and any other relevant information. All reports received by any local or state law enforcement agency shall—Ue referred to the i.censing ncy or to the agency designated by the court to be res ob a or t --Fe protection of the aci ity resident. )1j - (4) An oral report shall be made immediately on learning of the abuse or neglect and a written report shall be made within five days to the same agency. Anonymous reports, while not encouraged, will be received and acted on in the same manner as acknowledged reports. Anonymous reports about a specific individual, accusing the individual of abuse or neglect, need not be roves ig (o)_ A facility that is licensed under these standards shall care for a person according to a service plan that is filed at the facility and agreed upon between the facility and the person arranging the care before the facility admits the person for the care. (p) For residents receiving respite care, the service plan must be signed by a licensed physician if the person for whom respite care is arranged needs medical care or treatment. If the person does not need medical care or treatment, the service plan must be signed by the person arranging for the respite care. The facility may keep an agreed service plan for not longer than six months from the date it is received and during a per1.o a m.it a person for respite care as frequently as is needed and as accommodations are available. r(q), Facilities serving the elderly or -disabled are required by the Human Resources code,-Chapter•106,- to_request criminal conviction -records of prospective employees effective September 1, 1989. The Department of Human S ill obtain criminal -conviction records for facilities i.censed by the Licensing Agency un er a an a e y Code, Chapter 2 ,or Chapter 247. 9 (1 LA facility may offer tempora.r-i_ mnLaYment--pe-nding_ here_ sults of a criminal con�iiction check. The facility may offer permanent p oymen a ter 45 days if it has not received notification of a bar on employability. Facilities must provide to the Texas Department of Human Services the required information on a job applicant no later than 72 hours after the hour when the person accepts temporary employment. (2) Facilities must provide to the Texas Department of Human Services the following in ormat . comp ete name, maiden name aliases, da e o it , ecuri y num er, and date hired. The in orma ion must be submitted on designated Texas Department of Hu n Services forms. The Texas Department o uman Services may require app can s o provide their fingerprints. (r) Senate Bill 959, Section 5.07, 71st Legislature, 1989,_requires ►C�`j that all health care facility employees complete an educational course {Jl� about human immunodeficiency virus infect!_on based on the model education program developed by the Texas Department of Health. (see section 97.19 of this title (relating to Model Health Education Program/ Resource Guide for HIV/AIDS)). For information about this document refer to the Texas AIDS Community Resource Directory or call the Texas Department of Health, Public Health Promotion Division, at 512/458-7405. 145.325 General Enforcement. (a) The licensing agency or the licensing agency's representative may 1M, make any inspection or investigation that it considers necessary an may enter the premises of a personal care facility a any i.me ay r nig t to make an inspection in accorance_with board rules. The icensing agency ...1.a is entitled to access books, records, and other documents maintained by or on behalf of a facility to the extent necessary to—enforce the Personal Care aci i c , ealth and Safety Code, Chap er , an t e rules adopted under this Act. A license holder or an applicant for a license is considered to have consented to entry and inspection of the facility by a representative of the licensing agency in accordance with this subchapter. The licensing agency is entitled to preserve all relevant evidence of conditions found during an inspection or investigation that the licensing agency reasonably believes threaten the health and safety of a resident, including photography and photocopying of relevant documents, such as a license holder's notes, etc. for use in any legal proceeding. When photo- graphing a resident, the licensing agency shall respect the privacy of the resident to the greatest extent possible and may not make public the identity of the resident.. (b) Each year, the licensing agency shall conduct at least one unannounced inspection of each facility. The licensing agency shall invite at least one person as a citizen advocate from: (1) the American Association of Retired Persons; (2) the Texas Senior Citizen Association; (3) the Texas Retired Federal Employees; 10 LIGHT INDUSTRIAL provided in accordance with the provisions of Section 50 of this Ordinance. I. HEIGHT: (a). No principal structure shall be erected or altered to a height exceeding tree—( 3 ss eery (59) feet- fifty (50) feet except buildings located continuous to an existing R-20 R-12.5 or R-7.5 District, height shall not exceed one (1) story or twenty-five (25) feet in height (b) No accessory structure shall be erected or altered to a height exceeding one (1) story or thirty (30) feet. J. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance with the provisions of Section 56 of this Ordinance. K. OFF-STREET PARKING: No off-street parking shall be provided in accordance with the provisions of Section 56 of this Ordinance. L. OFF-STREET LOADING: No off-street loading is required in the LI District. M. MASONRY REQUIREMENTS: The masonry requirements of Section 54 shall be met. 092392 6 Section 31 DEFINITIONS the side line of the lot. 450. WINERY shall mean the manufacturing bottling labeling and packaging of wine containing not more than twenty-four (24) percent alcohol by volume from grapes fruits and berries grown on premise or imported, and to include the manufacturing and importation of grape brandy for fortifying purposes only. Wine sales may be to holders of wholesaler's permits winery permits, wine bottlers permits. Retail sales to ultimate consumers in unbroken packages for off -premise consumption may not exceed an amount of 25,000 gallons annually. A winery may include the following accessory uses; a tasting room to dispense free wine for on - premise consumption, meeting/banquet facilities, restaurants and retail sales area of wine for off -premise consumption. B. AMENDMENTS TO THE DEFINITIONS in this section, or additional definitions to be added to this section, may be made by the city council of the City of Grapevine after receiving the recommendations and report of the planning and zoning commission on such amendments or additions, and after a public hearing before the City Council, as provided by law. Public hearings before the Planning and Zoning Commission on any proposed Amendment or addition to the definitions of this section shall be held by the Planning and Zoning Commission after notice of such hearing shall have been given by publication at least one time in a newspaper of general circulation in the City of Grapevine, of the time and place of such hearing at least ten (10) days prior to the date of such hearing. 22 Section 11-12 COMMUNITY COMMERCIAL DRAFT 9-23-92 7. Automobile sales and service. 8. Building materials and supplies. 9. Garden supply stores. 10. Sign and sign painting shops. 11. Automobiles washing business; automatic, coin-operated, or moving line wash. (Requires desirable aesthetics, proper traffic circulation, and adequate drainage. 12. Planned Commercial Centers. 13. Automotive repair garages, within a completely enclosed building. Salvage and/or wrecking yards are prohibited. All storage areas must be surfaced, and screening shall be provided in accordance with Section 58 and Section 50. 14. Outdoor commercial amusements such as golf driving ranges, miniature golf, archery. 15. Winery with alcoholic beverage sales provided a special permit is issued in accordance with Section 42.B. of this ordinance. D. LIMITATION ON USES: 1. Whenever the C -C Community Commercial District is utilized for hotel -motel office or hospital use, the minimum open space shall be increased to thirty (30) percent of the total lot area. 2. Vehicular use or storage areas other than required parking associated with permitted uses such as automobile sales and service, boat sales, building materials, and supplies shall be visually screened from any adjacent residential district by a fence, wall or berm at least six (6) feet in height. 3. The minimum size of any C -C District shall be five (5) acres. E. PLAN REQUIREMENTS: No application for a building permit for construction of a principal building shall be approved unless: 1. A Plat, meeting all requirements of the City of Grapevine has been approved by the City Council and recorded in the official records of Tarrant County. 2. A Site Plan, meeting the requirements of Section 47, has been approved. 071990 3 Section 25 dining rooms, bars, personal service shops such as beauty and barber shops, newsstands, retail and offices provided the following minimum standards are met: a. Serving of a alcoholic beverages shall require a permit in conformance with Section 48 of this Ordinance. b. Such uses shall be located in the main building and shall be of a design and size as to cater primarily to the guests or occupants of the main use. C. Access to such conditional uses shall be limited to the interior of the building and there shall be no direct public access from the exterior of the building, provided that doors for exit purposes or fire and safety purposes may be located in the exterior walls of the building. d. There shall be no show windows or displays relating to retail stores, personal service shops or offices on the exterior of the building or visible from any street or adjacent property. 5. Convenience Stores, including gasoline sales, prepared food carry -out service with alcoholic beverage sales for off -premise consumption of beer only, provided a special permit is issued in accordance with Section 42.B of the Ordinance. 6. Alcoholic beverages, provided a special permit is issued in accordance with Section 42.B. of this Ordinance. 7. Winery with alcoholic beverage sales provided a special permit is issued in accordance with Section 42.B. of this ordinance. D. LIMITATION OF USES: None specified. E. PLAN REQUIREMENTS: 1. A Site Plan shall be required in accordance with the provisions of Section 47 of this Ordinance. 2. A Landscape Plan, in accordance with Section 53 of this Ordinance, shall be required. F. DENSITY REQUIREMENTS: The following density requirements shall apply: 1. MAXIMUM DENSITY - The maximum density within the HCO District shall not exceed a floor area ratio of 3.0. 092392 3 Section 29 LIGHT INDUSTRIAL DRAFT 9-23-92 6. Bulk storage of flaminable'liquids associated with a permitted use, subject to the provisions of City and/or State Fire Codes. 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 pursuant to Section 48 of this Ordinance. 1. Freight forwarding warehouses. 2. Bulk storage of flammable liquids not associated with a permitted use, subject to the provisions of City and/or State Fire Codes. 3. Railroad yards, areas for car storage, and switching facilities. 4. Aviation ground schools. 5. Central mixing plants for asphalt, concrete, or other paving materials (batching plant). 6. Automobile Impound. Salvage and/or wrecking yards are prohibited. All storage areas must be surfaced and screening shall be provided in accordance with Section 58 and Section 50. All required screening shall be in accordance with Section 50, Alternatives A or E. 7. Convenience stores, including prepared food carry -out service with alcoholic beverage sales for off -premises consumption of beer only, provided a special permit is issued in accordance with Section 42.B of the Ordinance. 8. Public institutions and nonprofit institutions of any educational, religious or cultural type, but excluding corrective institutions and hospitals. 9. Any other manufacturing, warehousing, or wholesale uses, not provided for in Section 31.A. Permitted Uses, Section 31.0 Conditional Uses, and not listed in Section 31.D., Limitation of Uses. 10. Winery with alcoholic beverage sales provided a special permit is issued in accordance with Section 42.B. of this ordinance. D. LIMITATION OF USES: The following uses shall not be permitted within this District: 1. Dwelling units (including motels and hotels) except as provided under accessory uses; hospital or clinics 112189 3 Section 31 SERVICES AND OPERATIONAL OVERVIEW The Clairmont Care Home concept calls for the establishment of a private pay assisted living facility serving the needs of twenty (20) residents; within a safe, secure, open, co-ed, home like environment. The Care Home is authorized and regulated by Title 25 of the Texas Department of Health, under Chapter 145, Subchapter 145.321 - 145.335, revised May 1992. The Care Home concept calls for the construction of a residence of approximately 8,000 square feet in area on a site of about one acre. The appearance of the facility will be that of a neighboring home, with parking for approximately 12 cars and the "house van" provided at the rear of the building. The Care Home will accommodate twenty (20) residents in two living styles. Eight (8) residents will occupy double sleeping room accommodations, while the remaining twelve (12) residents will have individual sleeping quarters. The bedrooms will be designed for the residents to use their own furniture and contain the service functions of clothes closet and water closet and vanity lavatory. The bathing facilities will be centralized and staff assisted to prevent residents from injuring themselves while bathing. The intent of this concept is to keep the facility small, congenial and personal for the benefit of residents, children and staff alike. There will be a central kitchen for food preparation for the residents; serving three meals a day in the separate dining areas. The Care Home will have a large open comfortable living room with an adjacent "sun''room" for socializing, playing parlor games and watching TV. The interior hallways, although wider than the standard residential hall, will not contain the finishes and handrails found in medically oriented facilities.There will be an enclosed central courtyard and covered front porch. The main entry is intended to have a porte-cochere for protection of the residents when entering or leaving the facility in inclement weather. The facility will accommodate a small exercise room for use by the residents in maintaining their health. The one acre of grounds will be large enough to accommodate a garden area to be tended by the residents and staff for the growing of vegetables and flowers, as part of an overall resident health maintenance program. The facility staff will consist of a (1) Resident Manager, three (3) Day Supervisors and a (1) cook. Their function will be to assist the residents in their day to day living in such matters as ensuring that medication is taken, proper hygiene is maintained; assisting with dressing and dining and other daily living functions as may be required by each individual resident. Each resident's laundry is washed on site with staff assistance, as may be required. The staff will organize activities and field trips for the residents while assisting in the creation and maintenance of a homelike environment; until such time as a resident may return home or require a move to a more advanced care facility. The purpose of this concept is to create an environment based upon the personal interaction between the staff and residents within a home like atmosphere. It is for this reason that the concept is best served by locating the Care Home in smaller communities, within strong existing neighborhoods; enhancing the capability for full community integration of the household. "The closer to home, the more it feels like home" It is felt that the stronger the personal relationship is between the living assistants, the residents and the local community the happier the resident will be and .the happier the children of the resident will be; enhancing the staff's sense of job satisfaction and ensuring a successful care provider practice. The key to a successful enterprise such as this is individual care and service by the Care Home staff. It is felt that by employing -staff from the local community, the fabric of the existing social structure within the community will assist in reinforcing a environment of care, concern and responsibility to and for the residents: Clairmont is aware of a fundamental need for this kind of living environment in our world today.'A need for a place to properly support those who have supported us in life is our primary goal and purpose for being. We feel that with the development of West College Manor a portion of that debt will begin to be repaid. a No fly-, � y gulf too 11 1 ... / . . (�\� : j� I 4 a �4 F!l