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Ordinance No. 480-GGGG Assisted Living Facilities Item 4B
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Assisted Living Facilities 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.
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Where Permitted (No Changes) Not permitted in any zoning district by right Requires Specific Use Permit (SUP) Approval Permitted in all non-single family residential zoning districts with SUP
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Where Permitted Assisted Living facilities, are encouraged to be located within walking distance of shopping areas, medical offices, civic centers, public parks, religious facilities, and other related facilities or may be located in transitional areas adjacent to low and medium density residential developments when compatible and shall be subject to the requirements set forth in Section 45.8 of this ordinance.
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SUP Regulations General Criteria Approval based on analysis of: –Location –Site layout & design –Adequacy of public infrastructure –Land use compatibility Must meet state licensing requirements Concept & Site Plan A letter describing the facility’s services, amenities, ancillary uses, estimated number of occupants and service personnel A floor plan and list of intended uses
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Required On-site Amenities Cafeteria/Dining Room Housekeeping Service Basic Laundry Service Transportation Service to Local Facilities (e.g. shopping, entertainment, medical/professional offices, etc.); Library Computer and/or Internet Access Multi-Purpose Room Exercise Room Pedestrian-oriented open space directly adjacent to the building, unobstructed by parking stalls, driveways, or other physical impediments. Such open space shall total a minimum ten percent (10%) of the lot area.
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Permitted Amenities No Changes Encouraged examples: –Chapel –Swimming Pool / Jacuzzi –Home Theater –Arts & Crafts Facilities –Green House –Related Uses SUP Regulations
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Permitted Ancillary Uses No Changes Not for use by general public: –Snack Bar; –Beauty/Barber Shop; –Convenience retail shop to provide for the sale of food items, non-prescription drugs, small household items, and gifts; –Pharmacy; –Medical Treatment Services
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SUP Regulations Development Regulations Deferred to Underlying Zoning District: Height Setbacks Lot Coverage Maximum Impervious Coverage New minimum unit size table: Type “A”* and like facilities Type “B”* and like facilities Efficiency Unit350 s.f.150 s.f. One (1) Bedroom Unit450 s.f.225 s.f. Two (2) Bedroom Unit650 s.f.350 s.f.
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Texas State Room Size Standards (A)Bedroom usable floor space for Type A facilities must not be less than 80 square feet for a one-bed room and not less than 60 square feet per bed for a multiple bed room. A bedroom must be not less than eight feet in the smallest dimension, unless specifically approved otherwise by the department. Bedrooms for persons with physical disabilities and/or mobility impairment must meet accessibility standards for access around the bed or beds, i.e., minimum of 3'-0" clear width for access aisles. (B) Bedroom usable floor space for Type B facilities must be not less than 100 square feet per bed for a single-bed room and not less than 80 square feet per bed for a multiple-bed room. Bedrooms for persons with physical disabilities and/or mobility impairment must meet accessibility standards for access around the bed or beds, i.e., minimum of 3'-0" clear width for access aisles. A bedroom must not be less than ten feet in the smallest dimension unless specifically approved otherwise by DHS.
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An assisted living facility must be licensed as a Type A, Type B, or Type C facility. A facility's licensure type is based on the capability of the residents to evacuate the facility or the types of services the facility provides, or both. Type A. In a Type A facility, a resident: (1)must be physically and mentally capable of evacuating the facility without physical assistance from staff, (2)does not require routine attendance during nighttime sleeping hours; and (3)must be capable of following directions under emergency conditions. State Definition
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Type B. In a Type B facility, a resident may: (1)require staff assistance to evacuate; (2)require attendance during nighttime sleeping hours; (3)be incapable of following directions under emergency conditions; and (4)require assistance in transferring to and from a wheelchair, but must not be permanently bedfast. Type C. A Type C facility is a four-bed facility that: (1)has an active contract with DADS to provide adult foster care services; and (2)must be contracted with DADS to provide adult foster care services before it can be licensed.
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State Code Reference TEXAS ADMINISTRATIVE CODE TITLE 40TITLE 40 SOCIAL SERVICES AND ASSISTANCE PART 1PART 1 DEPARTMENT OF AGING AND DISABILITY SERVICES CHAPTER 92CHAPTER 92 LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES SUBCHAPTER DSUBCHAPTER D FACILITY CONSTRUCTION RULE §92.62 RULE §92.62 General Requirements
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SUP Regulations Maximum Density: The maximum number of dwelling units per acre shall be twelve (12). Parking: Ten (10) spaces plus one (1) space per each two (2) beds.
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Public Input Timeline Date (2011)Body February 15City Council Work Session March 8Senior Advisory Commission March 28SPIN April 7 & 21Planning & Zoning Commission May 10City Council 1 st Reading May 17City Council 2 nd Reading
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Questions? Ken Baker (817)748-8067 Clayton Comstock (817)748-8269
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