From
Steve Alcorn
Title
Ordinance providing for a180-day moratorium on permitting of group homes or boarding homes
Presenter
Donald Postell, City Attorney
Recommended Action
Approve
Analysis
The Legislature has allowed cities or counties to regulate boarding houses, which include facilities that furnish lodging to three or more persons with disabilities or elderly persons, who are unrelated to the owner of the establishment by blood or marriage and that provide services such as meals, housework, money management, and assistance with medication, but which do not provided personal care services to those persons. There are also facilities regulated by the Texas Health and Human Services Commission or other state agencies, which may also provide medical care services, but which have different requirements and levels of governmental supervision. Several of these establishments have currently located in close proximity to each other, and that action has resulted in complaints from neighbors concerning traffic, noise or other issues, emergency services provisions, or dimuition of property values. While the City cannot exclude such uses from residential neighborhoods, a reduction or avoidance of concentrated uses may reduce problems in the community. A six month moratorium to review the situation and see what other cities do would be beneficial. The proposed moratorium will merely maintain the status quo.
Financial Consideration
There should be no financial impact because of a moratorium.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, PROVIDING FOR A MORATORIUM ON THE PERMITTING OF GROUP OR SIMILAR HOMES INTO RESIDENTIAL AREAS UNTIL SUCH TIME AS A STUDY MAY BE DONE CONCERNING SPACING OR DISTANCING RESTRICTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND DECLARING AN EFFECTIVE DATE THEREOF
WHEREAS, there have recently been several establishments that provide for services for unrelated persons who live in such establishments in residential neighborhoods, and which provide different services and which are permitted in different manners by the State, or which are not regulated by the State; and
WHEREAS, several of these establishments have located in close proximity to each other; and
WHEREAS, such facilities may not be excluded or prohibited from residential neighborhoods, but it might be that requiring them to be spaced from each other can reduce traffic, emergency services calls, and a perceived dimunition in property values;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That the City of Grand Prairie will not accept any application for a building permit, Certificate of Occupancy, electrical permit, or plumbing permit for any boarding house or group home within or adjacent to a residential neighborhood in the City of Grand Prairie for the sooner of a period of 180 days, or until the City otherwise suspends this ordinance.
SECTION 2. That should any word, sentence, paragraph, or provision of this ordinance be held to be invalid or unconstitutional, the validity of the remaining provisions of this ordinance shall not be affected and shall remain in full force and effect.
SECTION 3. That all ordinances or portions thereof in conflict with the provisions of this ordinance, to the extent of such conflict, are hereby repealed. To the extent that such ordinances are not in conflict therewith, the same shall remain in full force and effect.
SECTION 4. That this ordinance shall take effect immediately from and after its passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THIS THE 16TH DAY OF OCTOBER, 2012.