HomeMy WebLinkAbout10-20-11 Planning and ZoningCity of La Porte Planning and Zoning Commission Agenda
Notice is hereby given of a Regular Meeting, Public Hearing and Workshop of the La Porte Planning
and Zoning Commission to be held on October 20, 2011, at 6:00 P.M. at City Hall Council Chambers,
604 West Fairmont Parkway, La Porte, Texas, regarding the items of business according to the agenda
listed below:
1. Call to order
o Cict0€ ry roval Cf C Dt0mber 152011, rneefl r i€ t00.
o Public boo€4 to rec0ive ublic° il" � t 0�� eciol Conditional Use Permit off f- f 05,
which has been r0. CCCtOct b , Marcos Luna ro g ! owner f0r th i- De described as Lot0
7 & 8, Pl0ck off, Town of La Norte, Johnson HumeSun/ , Ab0tract No. 35, La Norte, Harris
oa t �o 0 00. t 0 0 lic°o t CCC 0 0 rovol Cf o om it f0r t 0^ evol0 meat of an off-sit0
gli�k � a lot for ii °0 PFC Iocot0 of 521 West Main Street, Cuff-sit0 ,a inn is c°lo0cifioci o0 0
conditional use Der itv's Code of Ordinances,
A. Staff Presentation
B. Proponents
C. Opponents
D. Proponents Rebuttal
4. Close Public Hearing.
5. Consider recommendation to City Council regarding Special Conditional Use Permit Request
#11-91000005.
0. O en Wor�0t�0 ) t0 discuss ro 000ci �oe�oloti0�'c 0�� r0o c°oro foc°iiitico �o1�io Croo � t�0rr�c0,
c°orr rr o ity Crr 0c, rr cictr 'tiol 0€carol c°o€c t 0rr 0c, livi c°c to€c od assisted livino centers
housing, throe orcons or less.
7. Administrative Reports
8. Commission Comments on matters appearing on agenda or inquiry of staff regarding specific
factual information or existing policy
9. Adjourn
A quorum of City Council members may be present and participate in discussions during this meeting; however,
no action will be taken by Council.
In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable
accommodations for persons attending public meetings. To better serve attendees, requests should be received
24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.
CERTIFICATION
I certify that a copy of the October 20, 2011, agenda of items to be considered by the Planning and
Zoning Commission was posted on the City Hall bulletin board on the day of 2011.
Title:
Planning and Zoning Commission
Minutes of September 15, 2011
Members Present: Hal Lawler, Richard Warren, Danny Earp, Phillip Hoot, Les Bird (left the meeting
at 7:35 p.m.), Mark Follis (arrived at 7:55 p.m.), Helen LaCour (left the meeting at
9:10 p.m.), Doretta Finch, (left the meeting at 9:45 p.m.), and Lou Ann Martin (left
the meeting at 10:02 p.m.)
Members Absent: None
City Staff Present: Assistant City Manager, Traci Leach; Planning Director, Tim Tietjens; City
Planner, Masood Malik; City Engineer, Julian Garza; Assistant City Attorney,
Clark Askins; GIS Manager, Brian Sterling; Economic Development Coordinator,
Stacey Osbourne; and Office Coordinator, Peggy Lee
City Council Present: Councilman Tommy Moser
1. Call to order
Meeting called to order by Chairman Hal Lawler at 6:02 p.m.
2. Consider approval of August 18, 2011, meeting minutes.
Motion by Helen LaCour to approve the minutes of August 18, 2011. Second by Danny Earp.
Motion carried.
Ayes: Les Bird, Richard Warren, Helen LaCour, Phillip Hoot, Hal Lawler, Lou Ann
Martin, Doretta Finch, and Danny Earp
Nays: None
Abstain: None
3. Receive presentation from Pate Engineering on the Main Street Traffic Study.
Presentation Workshop
Planning Director Tim Tietjens introduced Tobin Maples, with the firm Pate Engineering. Pate
Engineering was asked to develop and evaluate various roadway configurations that attract
visitors to Main Street and promote a walkable mixed use downtown.
Tobin Maples gave a PowerPoint presentation outlining various options that took into account
pedestrian safety and access, level of service, and parking.
Public Input
Sherman Moore — 1607 Willow View, Main Street business owner
Opposed to proposed options. Street should remain "as is."
Debra Gallington — 811 Oak Leaf, Main Street business owner
Safety concerns, need additional parking, and maintain traffic flow.
Ronda Lunsford — business owner at 201 E. Main
Agrees with comments from Sherman Moore. Opposed to proposed options.
Vickie Campise — 1902 Roscoe, owner of two buildings on Main Street
Need parking, caution light for new Fire Station #1, security cameras, storm drainage, and
minimize disruption to businesses.
Jim Counts
Existing Main Street poorly designed. Current parallel parking unsafe. Create two lanes and add
angle parking.
Kathleen Lemon — Main Street business owner
Planning and Zoning Commission
Minutes of September 15, 2011
Page 2 of 3
Agrees with comments from others. Avoid angle parking, leave four lanes, utilize vacant lots to
develop additional parking.
Horace Leopard — 3202 Lazy Pine, Main Street property owner
Parallel parking is unsafe, need to beautify Main Street
Manly Boudreaux— 126 S. 16th Street
Maintain traffic flow. Inquired if traffic is stopping and shopping or passing through.
Sandra Baldwin — 301 W. Main
Need businesses to locate on Main Street. Inquired if vacant lots could be used for parking.
In response to Ms. Baldwin's question, Economic Development Coordinator Stacey Osbourne
noted there was a recent offer to donate tax delinquent property to the City; however Council
opted not to accept the offer.
Councilman Tommy Moser noted he had wanted Staff to look into lights at 2nd and 8th Streets and
was disappointed they weren't included in the study. He also noted that the property donation
offer was not accepted by Council because the amount of taxes owed was too high in comparison
to the number of parking spaces the property would net.
Brett Heckendorn — Main Street business owner
Focus on pedestrian safety, parking, and traffic calming. Add signal at 2nd or 3rd Street.
Brenda Brown
Opposed to location of new Fire Station No. 1; instead, consider developing �arking at that
location. The light at 4th Street is not utilized as much as one would be at 2n Street.
Mary Morris — 207 San Jacinto
Focus is on Main Street; questioned why San Jacinto Street was not included in the study.
Norma Elliot — 11621 North D
Does not own a business on Main Street. Favors angle parking and lowering speed limit.
Don Hulen — 8th Street business owner
Study was a waste of money.
Public input concluded at 7:35 p.m, at which time Chairman Hal Lawler called for a break. The
meeting reconvened at 7:57 p.m.
Upon conclusion of the hearing, Staff agreed to work with the Legal Department to determine
risk/liability with locating a light at 2nd Street.
4. La Porte Comprehensive Plan Update
A. Overview of Chapter 2, Land Use and Character
City Planner Masood Malik provided background information on Chapter 1, Plan Context,
which was reviewed by the Commission during the previous meeting, followed by a land
use exercise.
Matt Bucchin, of Kendig Keast, gave a power point presentation of Chapter 2 outlining
focus area, goals, actions, and initiatives. Chapter 2 (Land Use & Character) is a
consolidation of four previous plan chapters (Land Use, Parks and Recreation,
Residential Development, Beautification and Conservation).
Bret Keast, of Kendig Keast, led discussion on the Future Land Use Plan and Character,
currently under review. Mr. Keast spoke on Character Districts, including rural, auto
Planning and Zoning Commission
Minutes of September 15, 2011
Page 3 of 3
urban residential, suburban village, auto urban commercial, urban downtown, business
park, auto urban industrial, and public/institutional.
As part of the discussion, Commission Members agreed the Large Lot and Planned Unit
Development Districts currently in place should be kept intact and all provisions of these
districts should remain unchanged.
B. Preview of Chapter 3, Infrastructure and Growth Capacity (including Public Safety)
Bret Keast presented a preview of Chapter 3.
C. Next Steps
Chapter 3, (Deliverable October 17, 2011)
City Council (Briefing and status report October 24, 2011)
5. Administrative Reports
There were no Administrative Reports.
6. Commission Comments on matters appearing on agenda or inquiry of staff regarding
specific factual information of existing policy.
There were no Commission Comments.
7. Adjourn
Motion to adjourn by Danny Earp. Second by Richard Warren. The motion carried with all in
favor. The meeting adjourned at 10:15 p.m.
Submitted by,
Peggy Lee
Office Coordinator
Approved on this day of '2011.
Hal Lawler
Chairman Planning and Zoning Commission
Special Conditional Use Permit
# 11-91000005
(Off -Site Parking for King's BBQ)
Exhibits
A.
Staff Report
B.
Draft SCUP
C.
Aerial Map
D.
Site Plan
Staff Report Off -Site Parking-King's BBQ October 20, 2011
Special Conditional Use Permit
Request: Consideration of Special Conditional Use Permit Request
Requested By: Marcos Luna, Property Owner
Requested For: Off -site parking lot for a restaurant (King's BBQ).
Approximately 0.15 acre tract of land described as lots 7 and 8, Block 41,
Town of LaPorte, Johnson Hunter Survey, Abstract 35, LaPorte, Harris
County, Texas. The primary facility is located at 521 West Main Street.
Present Zoning: Main Street District (MSD)
Land Use Map: Commercial Uses
Requested Use: The applicant is seeking a Special Conditional Use Permit (SCUP) for the
purpose of allowing construction of an off -site parking lot for King's BBQ
located at 521 W. Main Street.
Background:
Previous use of the building was a convenience store. Earlier, the City
approved a development site plan for remodeling and renovations of King's
BBQ. There are fourteen existing parking spaces in front of the restaurant in
addition to parallel spaces along West Main Street.
Generally, new parking is not required for businesses within the Main Street
Overlay District (MSO). Downtown is primarily designed as pedestrian
oriented and decent number of parking spaces are available along adjoining
streets running north -south along the Main Street. However, the business
grew tremendously and additional parking spaces are needed for the
restaurant.
The applicant has purchased two lots south of the T-alley to propose twelve
additional parking spaces in this regard. The subject property is separated to
the primary facility with a 16' public alley and is considered a separate lot.
Off -site parking is classified as a 'Conditional' use per Section 106-441,
Table A, Code of Ordinances.
Analysis: The Code of Ordinance Section 106-217 establishes the following review
criteria and conditions for approval of Special Conditional Use Permits:
• That the specific use will be compatible with and not injurious to the use
and enjoyment of the other property, nor significantly diminish or impair
property values within the immediate vicinity.
• That the conditions placed on such use, as specified in each district, have
been met by the applicant.
Off -site Parking
Kings BBQ
Page 2 of 3
• That the applicant has agreed to meet any additional conditions imposed,
based on specific site constraints necessary to protect the public interest
and welfare of the community.
The tract intended for a parking area is across the T-alley from the restaurant.
In addition, this is a reasonable location close to the existing facility and
surrounding area to provide off -site parking.
Section 106-444, Special Use Performance Standards for off -site parking
addresses the following considerations pertaining to the subject use:
• Such off -site parking shall comply with all parking standards stated in
the Code of Ordinances and the Public Improvement Criteria Manual.
• Reasonable access from an off -site parking facility to the use served shall
be provided.
• In addition, off -site parking shall be within 300 feet of the use served.
• Should have good access to secondary and primary streets.
As proposed, asphalt surface parking lot with 12 spaces shall be constructed
at site. Access from off -site parking to the main building seems reasonable.
It will benefit the customers/clients by parking cars into a proper and
adequate parking area. If the special conditional use permit is approved by
the City, the applicant must submit a certified site plan for development of
the parking lot showing access, parking spaces, maneuvering aisles,
I and scaping/screening, buffer, and fence location etc.
('nnvineinn/
Recommendations: The subject site and proposed use meet the criteria to satisfy applicable
ordinance requirements. Staff recommends the approval of Special
Conditional Use Permit 4 11-91000005 with the following conditions:
1. This Special Conditional Use Permit is specifically limited to off -
site parking for King's BBQ.
2. Off -site parking shall comply with all parking standards per Section
106-835 of the Code of Ordinances.
3. Screening and/or landscaping of parking lot with an approved
material shall be required in accordance with Section 106-444(a) of
the Code of Ordinances.
4. Maintain a 15-foot buffer with the southern property line and the
parking stalls.
5. Installation of 6-foot opaque wooden fence on the southern
property line shall be required.
6. All lighting in the parking lot shall be hooded and arranged in a
manner to deflect light away from the adjoining residential
properties in compliance with Section 106-521(a) of the Code of
Ordinances.
7. A sign shall be installed at the property to prohibit unauthorized
parking during non -business hours.
Off -site Parking
Kings BBQ
Page 3 of 3
The Developer shall comply with all applicable laws and
ordinances of the City and the State of Texas.
Options available to the Commission are:
• Recommend to Council approval of this SCUP as presented above.
• Recommend to Council approval of this SCUP with additional
conditions.
• Recommend to Council denial of this SCUP.
• Table this item for further consideration by the Commission.
Draft
City of La Porte
Special Conditional Use Permit # 11-91000005
This permit is issued to: Marcus Luna c/o Kings BB
Owner or Agent
521 West Main Street, La Porte TX 77571
Address
For Development of: King's BBQ (Additional Parking Lot)
Development Name
521 West Main Street, La Porte, TX 77571
Address
Legal Description: Lots 7&8, Block 41, Town of La Porte
La Porte, Harris County, Texas.
Zoning: Main Street District (MSD)
Use: Off -site Parking Lot
Permit Conditions:
This Special Conditional Use Permit is specifically limited to off -site parking for King's BBQ.
Off -site parking shall comply with all parking standards per Section 106-835 of the Code of
Ordinances.
Screening and/or landscaping of parking lot with an approved material shall be required in
accordance with Section 106-444(a) of the Code of Ordinances.
Maintain a 15-foot buffer between the southern property line and the parking stalls.
Installation of 6-foot opaque wooden fence on the southern property line shall be required.
All lighting in the parking lot shall be hooded and arranged in a manner to deflect light away
from the adjoining residential properties in compliance with Section 106-521(a) of the Code of
Ordinances.
A sign shall be installed at the property to prohibit unauthorized parking during non -business
hours.
The Developer shall comply with all applicable laws and ordinances of the City and the State of
Texas.
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development is
not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City
Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La
Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.
Validation Date:
Director of Planning
City Secretary
I I - 9 1 4 0 AIN
p
Ww�a�W�7a Z� fo Ea�=o Irl
r� K V S QF444w ZwlQi �C p\�
O� V6vi
!/■n
L
O_
L
�z LLsv)aL `d�l
�O
�-
z
w !��ZW~FwW N V
z
�W-
O
Z
w
r�sa�uaao��om�v��S
J �IlS Nlb'W 1ST �Z�
o _
-OU
z
w
/"/�� ��°4�
V "' auJ az aydJ �ppE�ti
zJ£
.�
c
Iz Z_Wlr
�FrW
0
dV6�°J� Z ~
z�o�z�vzi�
LLJ
��
`I
=}
J Pazrm
= NQ
W
NO I� CGV `
ozmuz'w'a
UZ��ZW
�a�z<v�
wZa��zQWa~
~d Q 5 ff���tL SOY �
v Wwww��WZ&oo�3{
9
OF
W
�y
CL
� � w
W
�32
F
4
099 SENNL
W
2-f00
LLI < jK0
y
W
°�lmw�a
(3!
CL
m
LLI
J
}
Zcz7
U)
W
o
I U.�
Z
O
LU
= U
� z
� z
W p
o 0
Er
w Q ~
u
Q Q Q w Q w
z :D cn = zw J Q X w z
Q a Q o 2LL d � - a
W o
o w z o �� �(D Qw o
QOf J
Q w Q (D C) z`s' 11 U o z
U w �� LU zF— �C�pz Q� QCL EL O
LL Q ._ H O C� O LU OLu � co w J
ie (/) -JL� Z M] (n O CL O) Q z CV � Z = `0 ~ LL z
XZ Q v Cr w , o� JwC JO Q
w a w� Z W) Q � O m O Q X p- z Q W Z� LLJ
0 L Z
wU)OCnJQ z^ o C3 �C) �_ WUZ Ej JU J ~
> W W LU F-
(� z J (n ^ co U U) � LL Z Q� JO W J Q U W U
_ _ a
QEro ' w wJQ °° o ._ o 0 0 wJ m Z w IL
CL C7�� Z—X C�(n W Z n Z IVzp � U
acnzw maw oa Q o w of Q.-, J = cn
LL.0��=W U)CE QZXLLJ U — J � O� OJ~ z0� Z2J J ~ Cr]
O U- ow w0 W z z Q J Z (n 0 W O 0 �1 W J Up r l— z Z
w= _ J OQ w w Pw o zJ oQ p � r z
,�-�2Fz =Ua� U'pcn LU O > � Q CLU>- �LLp, zWu zw0 Cr Q w w LU
L.L a O Z~� W 0 LL- < Lu [i f ,,, cn U FY O~ of O Q J Q LL Q O � O
WOo�U W < �<U-)0 Q z = Um� �Q� �p� J��n z O�
O zo -
o_cn~(na _ aQ,�(n zz�n2 z Q o �a c� w -o L)wo imLL-a Oz > U Z EL
W >-�-o _ z w m z m 00 w�0 -Q o w Q
z� U U — O� (nQz �J CY O
O aW_ Q Cr O w w O �W JNV) gyp* 03: 0-QCL O EL I J
O oU)- �, U, w C/) EL LU U) W acoE mom Dow o EL 0 LL
LU z cn O 0 o Z CD � Cr — 11J EL 0 r/a Q - J O
U QJWaLaLIM W w tr tr o w w0Q 2=Q �°°c`I ��cw ch w
w m (C� � Z O J EL EL EL N J J 2 F- i i �_
�QaQaQ Lu
= NW) f� oo - N U m U
i
4
..
-
z
W W
CL Q
Q w
C)
O z
� Z
w z
J
O EL
m
w
W
Z
z
w
51
}Q
In J
O w
Q
/W
w
~mow
oQ(D
LU LU Q
2 _
LU H
C/) -) a
Q
LU= Q CL
~~~w
LLB-=
O -
cnfuiz
QLIA (D
C)zo
Z
J
W CC] Q p
=L.LJLU=
~ w J
Of = J
LU o c Q w
�a=a
o
oCDF- �
W')c�
z_
�
w Z U
Lu Q Q
I
LL.
LU w
z
U
LU
Cy Z
w it (f)
�w
O Q
a 0 o
of
z
Z in Q
IL > w
O
/)
(DCLLJ
� Z
Z LU =)
LL-z
C-z
Ch w
QCLU)u
z w
zaw
zElfLLI
J
Z
O W
~
LIA w U)
Q U w W
W C7
J ~ ~ Z
U �
Q Z
J Q
��Cr-
Z
J W Q
C) [if
oo3z
W
w C)W Z J
' J W O LL Du J Z Ou w z 0-4 C)C (n
O Q W M O OZ O J W rn Q Q Z W 0 Q Z� W Q
O OZ W C7� WC/)LjU Q0�2Z z CD (/? W mz J� 0
Ui Q O Q Z Q w w J w
J- aZ Cr
QO -u0 Q wU) F- UwF- EL �Qz —U <-j O JQ W W
JcV)w E JW w w~ow Elf En ZDLU Qo oQ� > Q� pwlu o
Q w� m J Q2 > EL CO H��J� O Ix� w of � z U)cn o� va
w co Q ZL� z Z O N �� WElf J Q? Q N _� a u z er o- � w o o zp z w o
LU �� QQm 20 Z Z Q Chao=w z �w of -Qlu o- Z Z- m t,
U all > p 2 C} w Zw 2 ��wcn� OEL OXLLI W Er F-Z Q�LLJ LU
z wo a�~ ~ �z wm = `n`� ozQO� � �� w� Q>w �� 0 oc� vo °°
nLU ZwLu OW of J ��dJ u �W O�Q CYw U—= Q� CO WLLU) m J
Z > OLCL (D LU Co oQ CO C/) wZOU= W oo Er v)0 z mw Q
zz w Q w LL _� wow v v J
wQ LLI ow z CDC = cnQZ_� 2J Q� zw ww � W w Q ww� 2 2
CL CL J(IJ Cn�ZZ Q_. Zm J -i F- LU HQ��O V) Qu CL > U) LLJ J 0� - Lj J IL Q J� (/?
Ow of
mZ-O �tl d[Y Q� LU pW�z Qcn�oLLJ F- (n 2 �IL Q� XmQ� zJ QJz =U U_
L� LU w—H Wp irQ10 Z J ZU~J L.LJW CLuJ QO WCY Wm�F- V) F-
w W CnQ Cr
- 2 }� Z CL W S W O Z Q_ J -JL G Z EL Cr 0 H L H O F-
z� Utz QQ�Er LU z<LL �� OQEr� Q�w � O wU Q� co CL �� Q0� w� �
w O LLI [DEL �_� Uz Of oQ J o Ho zv v 00 0Z O ��� zp Z
Q 0 v) Ow 0E- W C� o >w w=mwW w QZ Q �� Q p LU
� V1wU fnV0Z w0 0�Q mJ ��LU o�Qm- �Q p� WCnv� It � JLLw aJ '-'-'�
Qp v�� �wwU mZ zzo� o� UQ°J°� -j Q wJ Wo wwP� J� Q wow WO ��
w Zw~ 2Zw0 �� LPL-- Jz Qz 0(naS �LL U `� 7) O � - in zz
�Q �CLO F- WQZ wz �oz Q� � oW N��=H z w z �0 Z-00 zu z ozw C) 2C3
Q (n m Z O X O >— C/) U — (n U LL J CL LU � W
LL Q� Cry OZ L.LQ �}~JZ JQ Wm U) JQ ��0 �� O JQ — LU �_ —Cr
o mrj) O< Q zoo oz ZJo(n -�wmz w Qm U� w J ~ w� mac'
�Z Qwo u�z� �d �vo wo m�LLJauW Qwwao o �� �_ _jLu as U) ~emu u U)z
�Q �Z~ —0 30 a0 �w0 WZ Jz�wZ (n=�v'Q V) �W mUEL' m� w �J � �z� LL.< Q�
Q zQf ClZJO EL~ U �Q JO(nmL t� �Z °°� z b� CL— �Cr
Jw LJJ O OOW� �m JaJ WO QuLiJ�C� O~�J(n O �W Z-i z�Q� Z LU LU ZCY Q
F- t�I w Ow =W _ =Qmw U) =�z O Zo -o Q En Q CO LU >-CL
=o �O� uQwp U� °°�' �z cn�ctf- oF- < �� u= 0�0 U)WL.0 LU EL Jw� LU mW
�w u� -=Er o� zCrz �Q W�0zz LU3: Ww Z: WZo= o- a J=w = Jo
J� oC)fQo Qo~� a� ��_� w� a"-) ;� �a v aQ 0� ofao Er `�'~ Cl) J� Lw-L O� ~Z aLIJ
Q Q u Z� z W w J w O 0 z w (D� E O a F- Z LU �� p LU � U W- u Z H Z ry U U~= z ''?U?
w �ZW o�wZ JW IX QW m ��cD XQ=�a- zJ W ZUO Ow�Z W zu� W �?�
0 z�0 H��� 0m W J� J J ZDO�Z W W V�O tnQ �Q Zak �wQO Q (/� �Z� �p rOCY
70O Z w 0 d maw ULJJ �CrOw m2 x� 2LL JJ u� U<❑C- w a w WLLCD D
m o- Q a v) � w z m cn Q a v) V)EL
cy- um0 oQm� z� JU= w �oLLLU J —7 uL1J — W WF- D —U Q U Or
O w m Z J J Z 0 — W H O Z z V w
CL w Z W~ � J cn Q - 0 Q � J J a wOQ O X Q O� W Q LL ( �� U) W� Z Cf) O CL w � LL Z Q Z Q W 2
JCn F ZC) QV) =�L�L J= cw�~ZW =�Z2 Jfl Om LXLLJ 0W~w HW Q ZOO �CYH WCr
Q V)Ul� — Q co <QvW � ���� J U) Of� U�Z� U(!} CL WUO QOZ u
= C) a�LL� �m �QH V)X m� u0 CYOO�Q Q� LL� ow= w-i <[r O w�U C) ZLL
O
o� Z�0w wIL OW- Jw J�QwZ Op�ZW c=nQ o= C7 ��7— F— >Za JUW QCn
cn J w = m C) 70 v0� Qp aC/)Qn- n UW-Wp . z �O ZZz Z�Q ZQ CL QQ CLQ> ZW
�J �w w z Jm Q o Z Z0 ~ amoZQQ oQ ~r= �w� w00� o� O EL EL QJ� �cJ_n
O Q Z C) Z �� O J Z - J W � w W 2 t� LL tY w L� J fir w �m [n Z(r7CL U Cr w o
LLI Q (D oZ QV) HW W p � J �m,,ZC7� p �U) Q J— JC) U p5 O— O
Uw 2:0 OQW W j0 ZQU QU Q�W W(w ZZ Q0 Qw OJ UHW QC/iWw �Q CL� W— LUSJ ~OZ 007
Q o- cn o o � ao 0 Q cn m CD Q o 0
Erg Z Z w Z U—[Y �— �= V QZZZ �> EL— JZJ 2X2C7 W �U-i ELLJJQ ZZ
J00 wZz= �— LU � �°°JO oQw �— LU J cn zWEL pEn
J J— C) z H W W w W Z Z H Z—
Z� -ico �oQ~ LU _�~ JQ JX QJ =QWw�Q OU) -J =�Q ��Wz W� o a�Q �wZ O�
°O Qpw p�20 EEX ��O LLJ LLQ =Z �CL'CL'2xIx UO QQ �QLL -J2Q 00 u �WW �CYQ NO
U EL Of Q u W — Z EL E> Cn — C7 d w C7 CL = O d 0 U Cr m C) EL
W
�
0
W
o
O o
W
wow
r
�
�Z
° .�
J
z
❑
�No,o
Noy
_U
z
Q
z w
E
lu
$w>
94IAN77M
_
R N
°
-
F
11L7S'1
,0-�9Z
J
a
x�
Q � Z
Q C3
Q
W
W
Bay
C
❑
V
L2.
J�
0
ape
J
G
V
viz
m
D
Ix
z
❑
Q
6 LL
o�
xo
z
a
❑
a
K � -,
z
Z��Zcf)'L
Q
LL
xoJ��
UC7 N W
LU m
E
Z
oF5
z
is'
w
m
n
F
4
K
�
aQQ
y � V
o
P
z
I
I
�J
IWI nHH1 ]AIRIN
E.
o
���
-4
11 _ — ���.. •-
o LOB
1IXS naHl
F 3rj7 �r
�
VM�dINa
3Naa ,aZ
�SZ aN115IX3 31VM5 -
TdMS
�Sssv
9NI1SIX3 Hasa
0°0°0
SSsaN
assadoHd
r = rF
'00)
r ,10<
SHLL 9HLL
A 0 s
°aw
)o ����
L0ULL
Jz
I.L
C,ddM J111 `lslx3 E
L
I❑
U
_m
z ro
�h
OL
°CEOO
0) wQ°m
z X
alw�N
N�
0 °O
�°
I
l vm]AIad
aNi1 lfl
E
HOila UO
0
0
J
i
m
7
O 1
LU
z
0
z
w
J
0)
W
O
z
W
LU
z
0
z
w
J
0)
W
O
z
z
0
D
0)
z
O
C)
an
LU
z
0
z
w
J
d
L]
a
Z L j J O
2 LL < w
�LI �Q Q o
= (D
O0 zL0 �O
— H LL.
Z
p C7 O W� W Q
ZZ�I DLZ� Enry Z
0
X0LU z_>W 2Er 0 .Of
W
W uz J Z Cn O J w O
Z Q� J w w U U CLCr
ONZD � EL�� Z trz cn �
pQW 0EY Q c
0—n J ul^
U Z J J
OIQ ZCn V)C3— — Q Z WL�
0 EL C) W �_ Cr
o z (if Elf
0J UOCL Q�LL CDo C)—Lu
zoo cn LU J ZN wZ Q
cnL`oJ* Zw� O�OO �x �<cDZw
�Qv_ ao� o� a_ OLL w=�
Lj
a � LLu�o o�Q LULU
w�z�
aff t U) Q Z CL' Q J cn U LU
�--O4 03:Q mC):�EL OQ U) IL
C) H LLjEL CL — J
< 0_rW)co Qm(w LU
co 0% O
Z
O
• 4
d
w
Q
LU
LD
z_
w
F
LU
Of
(D
C/)
EL
Q
z
L0
o
Q
o
C3
Q
Z
0 LU
o
-
LL
O
I�
OD
F-
LL.0
—
-1
Er C/)
oQ
C/)
W
3:
o
0
w
Q z X
Z
C7
U->
p-
1
~ (!?
W
W
(nYEo
��
O
X
�u
0
�
CCn
o
o
cn
o
Q
�mF-
Of�w
wQLr)O
Q
Q
Z
Ln=
z
z
Q
a
LLJ
a
zcn
z
wo05o
0�
F
m
C]_
w
W
JO
(21 w
<
J ~
(-D CL'
W
Z
�
O
�
O
�
>
Lu
Z
O
w
Ch
Lu <
0
EL
EL
IV
J J =
W
Group Homes
Workshop
Exhibits
A. Staff Report
B. Human Resources Code
C. SIC 8361
D. Survey
E. Sample Group Home Regulations
F. Group Care Facility Certificate
Application
Staff Report
GROUP CARE FACILITIES
Zoning Ordinance Amendments
Workshop
Background
October 20, 2011
Group care facilities (aka group homes, community homes, residential personal care
homes, living centers and assisted living centers) are becoming a vital part of today's
society and the industry is growing rapidly.
The Police Department recently received a complaint alleging "improper care of a family
member" at a local home care facility. To determine the City's area of authority, the
Police Department, Fire Marshal's Office and the Planning Department met to discuss the
complainant's concerns and existing city regulations. The only residential home care
reference is found in Zoning Chapter 106 of the City's Code of Ordinances. Table A
(part of this report), Sect. 106-331 identifies group care facilities [SIC Code 48361 —
Residential Care] as "conditional" in a high -density residential (R-3) zone and prohibits
the facilities in both low -density (R-1) and mid -density (R-2) zones. However, this
prohibition can conflict with Federal Fair Housing laws if otherwise legally permissible
facilities are operated in residential areas, in many situations.
In preparation for the upcoming zoning regulations review, City departments asked
Council for direction on a new annual "registration" requirement. This new requirement
is not intended to prohibit the use of the property as a group home. In fact, the
requirement would benefit the community's public health, safety and welfare by
providing city personnel right -of -entry (i.e. fire and building inspections to ensure safe
habitability; police access to investigate public safety concerns) and obtaining critical
facility information (i.e. maximum resident numbers, contact information, etc.).
The proposed local registration idea has been discussed with the City Attorney and it
should not conflict with Chapter 123, Sect. 123.003(b) of the Human Resources Code.
(See Attached)
At the 09/26/11 meeting, Council asked the Planning & Zoning Commission to review
existing regulations and forward a recommendation that includes both an update of our
zoning regulations and proposed new regulations for a local, annual registration.
Existing Requirements
Sect. 106-1. Definitions.
Group care facilities means residential facilities designed to provide a transition from
traditional treatment facilities to normal daily living for special populations such as the
mentally retarded, physically handicapped, or substance users. These facilities include
but are not limited to half -way houses and group homes.
Group Care Facilities
Zoning Ordinance Amendment
Page 2 of 9
Home occupation means an occupation limited to custom production, repairing, and
servicing, conducted at a dwelling unit, provided it conforms to the requirements in
section 106-749, and provided that said occupation does not involve general retail sales.
Sec. 106-749. - Home occupation.
(a) No person other than members of the family residing in the premises shall be
engaged in such occupation.
(b) The use of the dwelling unit for the home occupation shall be clearly incidental and
subordinate to its use for residential purpose by its occupants, and not more than 25
percent of the floor area of the dwelling unit shall be used in the conduct of the home
occupation.
(c) There shall be no change in the outside appearance of the building or premises, or
other visible evidence of the conduct of such home occupation other than one sign, not
exceeding two square feet in area, non -illuminated, and mounted flat against the wall of
the principal building.
(d) No display, visible from the exterior of the dwelling shall be connected with such
home occupation.
(e) There shall be no outside storage of any kind, including vehicles or equipment
connected with such home occupation.
(f) No traffic shall be generated by such home occupation in greater volumes than
would normally be expected in a residential neighborhood, and any need for parking
generated by the conduct of such home occupation shall be met off the street.
(g) No equipment or process shall be used in such home occupation which creates
noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal
sense off the lot, if the occupation is conducted in a single-family residence. In the case
of noise, the level shall not exceed 50 percent of the values established in section 106-
521(b), footnote G. In the case of electrical interference, no equipment or process shall be
used which creates visual or audible interference in any radio or television receivers off
the premises, or causes fluctuations in the line voltage off the premises.
Sec. 106-331. Table A, residential uses.
AAccessory uses (subject to requirements of section 106-741)
CConditional uses (subject to requirements of sections 106-216 through 106-218 and
designated criteria established in section 106-334 as determined by the planning and
zoning commission).
* not allowed.
2
Group Care Facilities
Zoiring Ordinance Amendment
Page 3 of 9
Uses (SIC Code #)
Zones
R-1
R-2
R-3
MH
LL
Group care facilities no
C
closer than 1,000 feet to a
similar use 836)
Freestanding on -premises
See article VII of this chapter
identification sign;
townhouses, multi -family
developments, group care
facilities, subdivisions,
education and religious
facilities
Home occupations
A
A
A
A
A
A
Sec. 106-332. - Interpretation and enforcement.
Property uses, except as provided for by section 106-331, Table A, are prohibited and
constitute a violation of this chapter.
Sec. 106-333. - Table B, residential area requirements.
(a) Table B, residential area requireivents.
Uses
Min.
Minimum
Minimum Yard
Maximum
Minimum
Minimum
Maximum Lot
8
Lot
Lot
Setbacks L.F. F.R.S.
Height
Site
Dev. Open
Coverage/Min.
Area
Width
2, 3, 4, 5, 6, 10, 11,
Area/Unit
Space/Unit
Landscaping
/D.0
L.F.
12,13,14,15
S.F. 5
S.F.
Required 9,19
S.F.
Group care
25-20-10
25 Ft.
N/A
N/A
N/A/6%
facilities (less
than 6) and day
care homes
Freestanding on-
See article VII of this chapter
premises signs
Group Care Facilities
Zoning Ordinance Amendment
Page 4 of 9
Sec. 106-874. - On -premises signs.
(a) Freestanding on premises signs.
(2) R-1, R-2, R-3, and MH districts.
a. One freestanding identification sign is permitted for townhouses,
multifamily developments, group care facilities, subdivisions, education and
religious facilities.
b. For a bed and breakfast facility one sign not exceeding three square feet
in area and nonilluminated shall be allowed. This sign may be either mounted
on the building or located in a landscaped portion of the yard.
C. For a home occupation facility one sign not exceeding two square feet in
area and nonilluminated shall be allowed. This sign shall be mounted flat
against the wall of the principal building.
d. The size of the sign may not exceed 150 square feet.
e. There are no minimum yard setbacks.
f The maximum height is 45 feet.
(b) Attached on -premises signs.
(2) R-1, R-2, and MH districts.
a. The size of the sign may not exceed three square feet.
b. No portion of the sign may have a luminous greater than 200 footcandles
and may not move, flash, rotate or change illumination.
(3) R-3, CR, NC, GC, BI, LI, and HI districts.
a. The cumulative size of the signs may not exceed 15 percent of the wall
area.
b. If located closer than 50 feet to an R-1, R-2, or MH district, the sign may
not flash and must be designed so that it does not shine or reflect light into
adjacent residences.
C. One attached canopy sign may be displayed. Such sign shall not exceed
30 percent of the canopy area. Such sign must be contained within the physical
limits of the canopy and shall not extend above or below the canopy.
Analysis
• As written, the group care facilities definition appears to be adequate.
• Group care facilities do not comply with the existing home occupation definition
or Sect. 106-749 requirements shown in this report.
• Amendment of Table A, identifying group care facilities as a "permissible use", is
required. The amendment could include requirements for facilities providing
food and shelter to: (a) three (3) or less and (b) facilities four (4) or more persons
who are unrelated to the proprietor of the establishment.
4
Group Care Facilities
Zoning Ordinance Amendment
Page 5 of 9
• Standard Industrial Classification (SIC) Industry Group # 836 (residential care)
includes only industry 48361. Since the description includes a wide range of
establishments, an evaluation is needed. (See Attached)
• Existing sign regulations coordinate with Table A's existing "conditional R-3"
group care facility use. To ensure visual compatibility with residential
neighborhoods, signage needs to be discussed. As part of that discussion, you
will note that current sign regulations address residential signage in R-1, R-2, R-3
and MH districts but not LL. Any revision should include all residential districts.
• Determine if existing distance regulations referenced in Table A should be
applicable for all residential zones.
• A survey of surrounding cities. (See Attached)
• An example of group care facility regulations (City of Santa Fe) is provided with
this report. The example addresses: location, distance, parking, signs, visual
compatibility, statutory licensing and outside lighting. (See Attached)
Recommended Requirements
• Consider both the group care facilities and home occupation definitions adequate
and make no changes
• Consider existing home occupation requirements adequate and make no changes.
• Amend group care facility requirements in Table A (Uses) & Table B (Area
Requirements) and develop accompanying criteria
• Amend sign regulations to address use of group care facility signage within all
residential neighborhoods
• Consider "draft" application for issuance of a Group Care Facility Certificate
(See Attached)
5
Group Care Facilities
Zoning Ordinance Amendment
Page 6 of 9
Sec. 106-331. Table A, residential uses.
P (A4E a - k) Permitted uses (subject to designated criteria established in S. 106-334).
Uses (SIC Code #)
Zones
R-1
R-2
R-3
MH
LL
Group care facilities
providing food & shelter to
persons who are
unrelated to the proprietor
of the establishment
(similar to SIC Industry
Group #836:
(3) or less persons
P 0)
P Q)
P Q)
P 0)
P 0)
(4) or more persons
P (k)
P (k)
P (k)
P (k)
P (k)
Freestanding on -premises
See article vll of this chapter
identification sign;
townhouses, multi -family
developments, group care
facilities (not located
within a residential
neighborhood),
subdivisions, education
and religious facilities
Sec. 106-334. Special use performance standards; residential.
0) Group care facilities (aka community homes, residential personal care homes, living
centers, assisted living centers and similar uses as identified in SIC Industry Group #836
(Residential Care), Industry #8361.
1. Location: Facilities, in compliance with the Texas Human Resources
Code (Ch. 123 and 105), Administrative Code (Ch. 92) and Health & Safety Code
(Ch. 247), shall be permitted as a use -by -right in R-1 Low Density Residential, R-
2 Mid Density Residential, R-3 High Density Residential, MH Manufactured
Housing and LL Large Lot Districts.
2. Distance Requirement: Group care facilities shall not be closer than 1,000
feet to a similar use (SIC Industry Group #836). Measurement shall be from the
nearest boundary of the sites on which they are located.
3. Signa e_: Group care facilities located within a residential neighborhood
shall be allowed to have one (1) sign not exceeding two (2) square feet in area,
non -illuminated and mounted flat against the wall of the principal building.
6
Group Care Facilities
Zoning Ordinance Amendment
Page 7 of 9
4. Visual Compatibility: There shall be no change in the outside appearance
of the building or premises. No structural alterations shall be permitted that will
cause the group care facility to be substantially distinguishable from other
surrounding residential properties.
5. Registration Requirement: Facilities providing food & shelter to three (3)
or less persons, who are unrelated to the proprietor of the establishment, shall
comply with all city regulations and register their facility with the City annually
by obtaining a Group Care Facility Certificate. The certificate cost shall be at the
rate established in Appendix A, fees, of this Code, shall expire on December 31"
of each year. Such fee shall be payable to the City on or before December 15nh for
the next succeeding calendar year. The fee provided for in this article shall not be
subject to proration or reduction for payment for a period of less than twelve (12)
calendar months. Operation of a facility without first having obtained the
required certificate shall be deemed a violation this article.
6. Payment of Taxes: All ad valorem taxes on any and all property, personal
or real, necessary to the operation of the facility must be paid prior to the issuance
or renewal of the certificate.
7. Display of Certificate. Every facility so registered shall display an active
certificate in a conspicuous place, within the facility common area, so as to be
easily seen by the public.
8. Access to the Facility: City personnel shall have right -of -entry to ensure
safe habitability and public safety. City personnel shall advise on -site facility
personnel of the purpose of their visit.
9. Annual Inspection: The Fire Marshal's Office shall perform a minimum
of one (1) annual inspection for each group care facility. Facilities shall comply
with all applicable city codes, ordinances, policies and regulations.
(k). Facilities shall be in compliance with the Texas Human Resources Code (Ch. 123
and 105), Administrative Code (Ch. 92) and Health & Safety Code (Ch. 247). To ensure
compliance with state regulations, a copy of the facility's active State license shall be
provided to the City, when requested by city staff.
rA
Group Care Facilities
Zoiring Ordinance Amendment
Page 8 of 9
Sec. 106-333. - Table B, residential area requirements.
(a) Table B, residential area requirements.
Uses
8
Min.
Lot
Area
/D.U.
S.F.
Minimu
m Lot
Width
L.F.
Minimum Yard
Setbacks L.F. F.R.S.
2, 3, 4, 5, 6, 10, 11,
12,13,14,15
Maximum
Height
Minimum
Site
Area/Unit
S.F. 5
Minimum
Dev. Open
Space/Unit
S.F.
Maximum Lot
Coverage/Min.
Landscaping
Required 9,19,
20
GFG61P Gape
fa Gilitie6 (loco
th GI
day e
PC.i-v PC) IQ
P-Ft
4LA
N/A
nI�/a
h A'rrvmc';
State Licensed
& Registered
Child-care
homes
(Max. (12) in
9100
private home;
6000
50
25-15-5
35 Ft.
4.8
N/A
40% / N/A
per Tx. Dept.
DU/A
of Family &
Protective
Services,
Chap. 747)
Group care
facilities -
9100
(3) or less
6000
50
25-15-5
35 Ft.
4.8
N/A
40% / N/A
persons
DU/A
Sec. 106-874. - On -premises signs.
(a) Freestanding on premises signs.
(2) R-1, R-2, R-3, MH and LL districts.
a. One freestanding identification sign is permitted for townhouses, multifamily
developments, group care facilities (not located within a residential neighborhood),
subdivisions, education and religious facilities.
(b) Attached on -premises signs.
(2) R-1, R-2, R-3, MH and LL districts.
a. The size of the sign may not exceed three square feet.
Group Care Facilities
Zoning Ordinance Amendment
Page 9 of 9
b. No portion of the sign may have a luminous greater than 200 footcandles
and may not move, flash, rotate or change illumination.
(3) R7-37 CR, NC, GC, BI, LI, and HI districts.
a. The cumulative size of the signs may not exceed 15 percent of the wall
area.
b. If located closer than 50 feet to an R-1, R-2, or MH district, the sign may
not flash and must be designed so that it does not shine or reflect light into
adjacent residences.
C. One attached canopy sign may be displayed. Such sign shall not exceed
30 percent of the canopy area. Such sign must be contained within the physical
limits of the canopy and shall not extend above or below the canopy.
Action by the Commission
1. Discuss the issues
2. Review attached "draft' application for a Group Care Facility Certificate
3. The Commission may elect to:
➢ Continue the workshop at the next meeting
➢ Complete review and schedule a public hearing for public input
9
TITLE 8. RIGHTS AND RESPONSIBILITIES OF PERSONS WITH DISABILITIES
BOND
Sec. 123.001. SHORT TITLE. This chapter may be cited as the
Community Homes for Disabled Persons Location Act.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12.01 (a), eff. Aug. 26,
1991.
Sec. 123.002. DEFINITION. In this chapter, "person with a
disability" means a person whose ability to care for himself,
perform manual tasks, learn, work, walk, see, hear, speak, or
breathe is substantially limited because the person has:
(1) an orthopedic, visual, speech, or hearing
impairment;
(2) Alzheimer's disease;
(3) pre -senile dementia;
(4) cerebral palsy;
(5) epilepsy;
(6) muscular dystrophy;
(7) multiple sclerosis;
(8) cancer;
(9) heart disease;
(10) diabetes;
Page -1 -
(11) mental retardation;
(12) autism; or
(13) emotional illness.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12. 01 (a) , ef. f . Aug. 26,
COMMUNITY HOMES PROHIBITED. (a) The use and operation of a
community home that meets the qualifications imposed under this
chapter is a use by right that is authorized in any district zoned
as residential.
(b) A restriction, reservation, exception, or other provision
in an instrument created or amended on or after September 1, 1985,
that relates to the transfer, sale, lease, or use of property may
not prohibit the use of the property as a community home.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12.01 (a), eff. Aug. 26,
Sec. 123.004. QUALIFICATION AS COMMUNITY HOME. To qualify as
a community home, an entity must comply with Sections 123.005
through 123.008 and be:
(1) a community -based residential home operated by:
(A) the Texas Department of Mental Health and
Mental Retardation;
Page -2 -
(B) a community center organized under Subchapter
A, Chapter 534, Health and Safety Code, that provides services to
persons with disabilities;
(C) an entity subject to the Texas Non -Profit
Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
Statutes); or
(D) an entity certified by the Texas Department of
Human Services as a provider under the medical assistance program
serving persons in intermediate care facilities for persons with
mental retardation; or
(2) an assisted living facility licensed under Chapter
247, Health and Safety Code, provided that the exterior structure
retains compatibility with the surrounding residential dwellings..
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12.01(a), eff. Aug. 26,
1991. Amended by Acts 1997, 75th Leg., ch. 491, Sec. 1, eff. Sept.
1, 1997; Acts 1999, 76th Leg., ch. 233, Sec. 6, eff. Sept. 1,
1999.
Sec. 123.003. REQUIRED SERVICES. A community home shall
provide the following services to persons with disabilities who
reside in the home:
(1) food and shelter;
(2) personal guidance;
(3) care;
Page -3 -
(4) habilitation services; and
(5) supervision.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12. 01 (a) , eff. Aug. 26,
1991.
Sec. 123.006. LIMITATION ON NUMBER OF RESIDENTS. (a) Not
more than six persons with disabilities and two supervisors may
reside in a community home at the same time.
(b) The limitation on the number of persons with disabilities
applies regardless of the legal relationship of those persons to
one another.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12.01(a), eff. Aug. 26,
1991.
Sec. 123.007. LICENSING REQUIREMENTS. A community home must
meet all applicable licensing requirements.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12.01(a), eff. Aug. 26,
1991.
Sec. 123.008. LOCATION REQUIREMENT. A community home may not
be established within one-half mile of an existing community home.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12.01(a), eff. Aug. 26,
1991.
Page --4 --
Sec. 123.009. LIMITATION ON NUMBER OF MOTOR VEHICLES. Except
as otherwise provided by municipal ordinance, the residents of a
community home may not keep for the use of the residents of the
home, either on the premises of the home or on a public right-of-
way adjacent to the home, motor vehicles in numbers that exceed the
number of bedrooms in the home.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12.01(a), eff. Aug. 26,
Sec. 123.010. ENSURING THE SAFETY OF RESIDENTS. The Texas
Department of Mental Health and Mental Retardation shall make every
reasonable effort to ensure the safety of community home residents
and the residents of a neighborhood that is affected by the
location of a community home.
Added by Acts 1993, 73rd Leg., ch. 646, Sec. 14, eff. Aug. 30,
1993.
HUMAN RESOURCES CODE
TITLE 6. SERVICES FOR THE ELDERLY
CHAPTER 105. RESIDENTIAL FACILITIES FOR THE ELDERLY
Sec. 105.001. DEFINITIONS. In this chapter:
(1) "Establishment" means a facility providing sleeping
accommodations to two or more qualifying adult residents, at least
80 percent of whom are 65 years of age or older or are disabled,
and offering, for a fee, one or more supportive services through
contract with an agency licensed under Chapter 142, Health and
Safety Code, or with another entity.
(2) "Qualifying adult resident" means an adult resident
of a facility who is not related within the second degree by
consanguinity or affinity to:
(A) a person who has an ownership interest in the
facility; or
(B) at least one other resident of the facility.
(3) "Supportive services" means medical services,
health -related services, or personal care services as defined by
Section 247.002, Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 233, Sec. 5, eff. Sept. 1, 1999.
Sec. 105.002. EXEMPT FACILITIES. The following facilities
are exempt from the application of this chapter:
Page -1 -
(1) housing in which all supportive services are
arranged directly by the residents themselves and are provided by
outside entities;
(2) nursing facilities licensed under Chapter 242,
Health and Safety Code; and
(3) continuing care facilities regulated by the Texas
Department of Insurance under Chapter 246, Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 233, Sec. 5, eff. Sept. 1, 1999.
Sec. 105.003. DISCLOSURE REQUIRED IN CONTRACT. An
establishment that is not required to be licensed as an assisted
living facility under Chapter 247, Health and Safety Code, shall
execute a contract with each of its residents that contains, in
addition to other required information, the following elements:
(1) the name, street address, and mailing address of the
establishment;
(2) the name and mailing address of at least one person
authorized to act on behalf of the owner or owners or management
agent of the establishment;
(5) a statement describing the licensure status of the
establishment;
(4) the name, mailing address, and telephone number of
any provider, including any individual or entity, regardless of
whether licensed, providing supportive services under a contract
Page -2 -
with the establishment;
(-5) the term of the contract;
(fl a description of the services to be provided that
are included in the base monthly rate to be paid by the resident;
,(7) a description of any additional services available
for an additional fee from a provider through a contract with the
establishment;
(8) a provision requiring the establishment to provide
written notice of any change in fee schedules that outline the cost
of additional services not later than the 31st day before the
effective date of the change;
(9) a description of the process by which the contract
may be modified, amended, or terminated;
(10) a description of the complaint resolution process
available to residents;
(11) the name, street address, mailing address, and
telephone number of the resident's designated representative, if
51611A
(12) a description of the billing and payment procedures
and requirements;
(13) a statement ensuring the ability and right of
residents to receive services from providers with whom the
establishment does not have a contract; and
(14) a statement identifying the life safety and fire
Page -3 -
codes met by the building and a statement indicating whether those
codes are comparable to the codes with which an assisted living
facility licensed under Chapter 247, Health and Safety Code, must
comply.
Added by Acts 1999, 76th Leg., ch. 233, Sec, 5, eff. Sept. 1, 1999.
SIC
8361 RESIDENTIAL CARE
Establishments primarily engaged in the provision of residential
social and personal care for children, the aged, and special
categories of persons with some limits on ability for self -care, but
where medical care is not a major element. Included are
establishments providing 24-hour year-round care for children.
Boarding schools providing elementary and secondary education
are classified in Industry 3211. Establishments primarily engaged
in providing nursing and health -related personal care are
classified in Industry Group 805.
Alcoholism rehabilitation centers,
residential: with health care incidental
Boys' towns
Children's boarding homes
Children's homes
Children's villages
Drug rehabilitation centers, residential:
with health care incidental
Group foster homes
Halfway group homes for person with
social or personal problems
Halfway homes for delinquents and
offenders
Juvenile correctional homes
Old soldiers' homes
Orphanages
Rehabilitation centers, residential: with
health care incidental
Homes for children, with health care
incidental
Homes for destitute men & women
Homes for aged, with health care
incidental
Homes for the deaf or blind,
with health care incidental
Homes for the emotionally disturbed,
with health care incidental
Homes for mentally handicapped,
with health care incidental
Homes for physically handicapped,
with health care incidental
Rest homes, with health care incidental
Self-help group homes for persons with
social or personal problems
Training schools for delinquents
Group Homes Surrey
Surrounding City's Current Standings As of 9/23/2011
Phone Number/
Current
City
Contact
E-Mail
Policy
Notes
Kelly
281-420-5397
Baytown
Carpenter
planning@baytown.com
Does Not Regulate
Currently under review to potentially regulate
considered
Follows policys/ procedures under the
Larry
281-478-5543
"Home
"Home Occupation" part of their
Deer Park
Brotherton
Lbrotherton@deerparktx.org
Occupation"
Zoning Code - (Sec 8.14)
considered
Follows policys/ procedures under the
Mona
281-996-3201
"Personal Care
"Personal Care Facilities" part of their
Friendswood
Miller
Facilities"
Zoning Code - (Appendix C - Sec 8 - L)
Per e-mail from Jack Fryday 9/20/2011 @ 6:59AM -
Jack
281-334-6863
"The City of Kemah does not have any ordinances
Kemah
Fryday
ifryday@kema-tx.com
Does Not Regulate
or codes that regulate this"
Has some
Per e-mail from L. Holmes - Has regulations, guided
regulations
under Residential Care facilites - but has been told by
LaShondra
281-554-1079
"Residential Care
the state that some of their regulations could
League City
Holmes
LaShondra.Holmes@ieaguecity.com
Facilities"
be challenged
KC Spoke to Ms. Kennedy - Assistant Admin
Rebecca
713-475-5543
for Community Development -
Pasadena
Kennedy
Does Not Regulate
9/16/11 @ 11:20 AM - Does Not Regulate
per conversation with I.Clowes -
Under Community/
definitions and permisssions as definded by their
Group Homes &
Land Use Table - Chapter 2 - pg. 125
Ian
281-652-1709
Household Care
& Definitions by Chapter 5 - pgs. 11 & 22
Pearland
Clowes
iclowes@ci.pearland.tx.us
Facility
(Unified Development Code)
Kelly
281-291-5760
Per e-mail from Kelly Templin to KC -
Seabrook
Templin
ktemplin@ci.seabrook.tx.us
Does Not Regulate
Does Not Regulate
Does unofficially ask for proof of state license to
Travis
281-316-4122
verify that they do follow state guidelines
Webster
ITanner
ttanner@cityofwebster.com
No Official Policy
regarding Group Homes
Santa Fe, Texas -Zoning
CITY OF SANTA FE, TEXAS
SUPPLEMENT HISTORY TABLE
'ARTICLE 1, -TITLE, PURPOSE, APPLICATION, AND DEFINITIONS
, ARTICLE 2. - DEFINITIONS
,ARTICLE 3. -ADMINISTRATION
ARTICLE 4. - ZONING DISTRICTS
ARTICLE 5. - SPECIAL USE REGULATIONS
.ARTICLE 6. - OFF-STREET PARKING, LOADING, INGRESS and EGRESS
jARTICLE 7. - OUTDOOR ADVERTISING SIGN REGULATION
ARTICLE 8. - PERFORMANCE STANDARDS
ARTICLE 9. - PLANNING AND ZONING COMMISSION
-ARTICLE 10. - BOARD OF ADJUSTMENT
.ARTICLE 11. - ENFORCEMENT
,ARTICLE 112. - CORRIDOR DEVELOPMENT STANDARDS
jW APPENDICES
j CODE COMPARATIVE TABLE - ORDINANCES
Sec. 2.01. - General Definitions.
Sec, 2.01. - General Definitions.
For the purpose of these regulations, words used in the present tense include the future
tenses; words used in the singular number include the plural, and words in the plural include the
singular, except where the natural and obvious construction of the writing indicates otherwise. The word
"may"' is not discretionary unless the context in which it is used indicates otherwise. The word must and
shall are mandatory in every instance. For purposes of this Ordinance, certain terms and words are to
be used and interpreted as hereinafter defined.
2.01.65 Group Home: An interim or permanent residential facility shared by six (6) or fewer people who
do not meet the definition of "family" including any resident staff who share a single
housekeeping unit. (This use does not include facilities that permit sleeping arrangements on a
daily basis.)
See, 5.02. - GrOLIp Homes (Community Homes).
5.02.01. Location: Group homes shall be permitted as a use -by -right in AR Agricultural -Residential
Districts, R-1 Single -Family Residential Districts, R-2 Multi -Family Residential Districts, R-3
Multi -Family Residential Districts and MH Manufactured Housing Districts only in conformity
with the Texas "Community Homes for Disabled Persons Location Act", known hereafter as the
"Act" which limits the number of occupants to six (6) residents and two (2) supervisors per
residence in addition to other limitations not stated herein,
5.02.02. Distance Requirement: A group horne shall be located not less than one-half (1/2) mile from any
other group home as measured from the nearest boundary of the sites on which they are
located (per the "Act").
5.02.03. Parking Requirements: Parking shall be in accordance with Article 6, of this Ordinance and
shall be limited as restricted by the "Act".
5.02.04. Signs: No signs shall be permitted,
5.02.05. Visual Compatibility: No structural alterations shall be permitted that will cause the group home
to be substantially distinguishable from other surrounding residential properties.
5.02.06. Statutory Licensing Requirements: All group homes shall meet every State Statutory licensing
requirement.
5.02.07, Outside Lighting: All outside lighting shall meet the performance criteria established in Article 7,
of this Ordinance
S:\City Planning Share` 04-INSPECTIONS DIVISION\Inspections\Santa Fe Zoning Ord.docx
APPENDIX 4-F
DISTRICT MATRIx_j,Zj
2007 Useffiescrip Amicultural Wqgle—
Lion Farnity
Residc,mtfal Reside
ndal
NAICS
Zoning, Dlstdcts
AA u K I - MantAaCtUrod Nolghborhood Highway AdOlt IJ[,11A
Family Uses
bwarnerclM Cornnim,cial MZMLJM(Atlrinr Residentill Housing I 1 7�1�0c, " I ?
AR IR-1 IR-2 IR-3 Ira H
623110 Nursing
honle
623110 Personal x
care 1101TIO
for the aged
(assisted
91
X = Use -by -right
C = Conditional Use Permit required
a
im
0
X
portatim)
APPLICATION FOR
GROUP CARE FACILITY CERTIFICATE
These regulations are applicable to group care facilities housing three (3) or less persons
who are unrelated to the proprietor of the establishment. [Standard Industrial
Classification (SIC) Industry Group # 836; Industry 48361 (Residential Care)]
NEW: RENEWAL: AMENDMENT:
ANNUAL FEE : $100.00 (FEE SHALL NOT BE PRO -RATED)
EXPIRATION DATE: DECEMBER 31ST OF EACH YEAR.
(SUBJECT TO RENEWAL BY 12/15TH OF EA. YEAR)
ORDINANCE #: ???????? Effective ??????
---PLEASE PRINT LEGIBLY ---
ADDRESS OF FACILITY:
FACILITY NAME:
OWNER'S NAME
MAILING ADDRESS:
CITY /STATE/ZIP:
CONTACT NUMBER(s):
MAXIMUM 4 OF PERSONS HOUSED:
GROUP CARE FACILITY CERTIFICATE APPLICATION Page 2 of 3
I, , hereby acknowledge that I am the
owner of the facility and that the information provided in this application is factual. I
understand that failure to comply with applicable city regulations (see below) constitutes
a violation of the City's zoning regulations.
Sec. 106-334. Special use performance standards; residential.
0) Group care facilities (aka community homes, residential personal care homes, living
centers, assisted living centers and similar uses as identified in SIC Industry Group 4836
(Residential Care), Industry 48361.
1. Location: Facilities, in compliance with the Texas Human Resources
Code (Ch. 123 and 105), Administrative Code (Ch. 92) and Health & Safety Code
(Ch. 247), shall be permitted as a use -by -right in R-I Low Density Residential, R-
2 Mid Density Residential, R-3 High Density Residential, MH Manufactured
Housing and LL Large Lot Districts.
2. Distance Requirement: Group care facilities shall not be closer than 1,000
feet to a similar use (SIC Industry Group 4836). Measurement shall be from the
nearest boundary of the sites on which they are located.
3. Sina _e: Group care facilities located within a residential neighborhood
shall be allowed to have one (1) sign not exceeding two (2) square feet in area,
non -illuminated and mounted flat against the wall of the principal building.
4. Visual Compatibility. There shall be no change in the outside appearance
of the building or premises. No structural alterations shall be permitted that will
cause the group care facility to be substantially distinguishable from other
surrounding residential properties.
5. Registration Requirement: Facilities providing food & shelter to three (3)
or less persons, who are unrelated to the proprietor of the establishment, shall
comply with all city regulations and register their facility with the City annually
by obtaining a Group Care Facility Certificate. The certificate cost shall be at the
rate established in Appendix A, fees, of this Code, shall expire on December 31"
of each year. Such fee shall be payable to the City on or before December 15th for
the next succeeding calendar year. The fee provided for in this article shall not be
subject to proration or reduction for payment for a period of less than twelve (12)
calendar months. Operation of a facility without first having obtained the
required certificate shall be deemed a violation this article.
6. Payment of Taxes: All ad valorem taxes on any and all property, personal
or real, necessary to the operation of the facility must be paid prior to the issuance
or renewal of the certificate.
7. Display of Certificate. Every facility so registered shall display an active
certificate in a conspicuous place, within the facility common area, so as to be
easily seen by the public.
8. Access to the Facility: City personnel shall have right -of -entry to ensure
safe habitability and public safety. City personnel shall advise on -site facility
personnel of the purpose of their visit.
GROUP CARE FACILITY CERTIFICATE APPLICATION
Page 3 of 3
9. Annual Inspection: The Fire Marshal's Office shall perform a minimum of
one (1) annual inspection for each group care facility. Facilities shall comply with
all applicable city codes, ordinances, policies and regulations.
(k). Facilities shall be in compliance with the Texas Human Resources Code (Ch. 123
and 105), Administrative Code (Ch. 92) and Health & Safety Code (Ch. 247). A
copy of the active State license shall be provided to the City when requested to
ensure compliance with state regulations.
Date
Zoning District: R-1
Sector 4:
Taxes:
X
Signature
--- City Use Only ---
R-2 R-3 MH or LL
HCAD 4
NOTE: Not site specific, check company & individual
names and site)
Tax Dept. Approval: X
Date Name
Inspection Approval: X
Date Name
DO NOT COLLECT FEES/ISSUE CERTIFICATE UNTIL ITEMS ARE SATISFIED.
TAX APPROVAL RCVD:
INSP APPROVAL RCVD:
Certificate 4 Copy of Rcpt Attached:
Certificate Expiration: December 31,
Date :
Original Appl./Cert. to Insp. File: Copy of Appl./Cert. to FMO:
S:ACity Planning Share\04-INSPECTIONS DIVISIONUnspections\Group Care Facility Certificate Apphcation.doc