HomeMy WebLinkAboutIR 6967 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 6967
H^P rtgfO
�pffORr,�o To the Mayor and Members of the City Council September 11, 1984
�a=
Yrexay� Subject: RESIDENTIAL TRAINING RESIDENCE FOR MENTALLY
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RETARDED ADULTS
Recently City staff has been receiving questions regarding
the proposed location of a residential training residence
for mentally retarded adults to be located on Guadalupe
Street on the west side of Fort Worth. This proposed resi-
dence is to be operated in an "A" Single-Family Residential
district by Tarrant County Mental Health/Mental Retardation
Services, a governmental agency. The stated purpose of the
residence is " . . .to provide training and assistance in a
residential setting for adult men and women having mental
retardation, to prepare them for the most independent living
environment appropriate for their individual needs and
abilities. " Area residents have questioned whether such a
residence is permitted in a single-family district. The
Department of Development and the City Attorney' s office
have offered the following information relevant to these
questions.
On July 9, 1975, the Zoning Board of Adjustment affirmed the
decision of the Building Official to permit the location of
a � a home for troubled girls in an "A" One-Family district
(B/A-75-74) . In so ruling, the Board instructed the Building
Official to prepare guidelines for redefining . "single-
family" with consideration being given to the commercial
aspects of the venture as well as number of persons in the
household. Pursuant to this instruction, the Building
Official interpreted the one-family zoning district to per-
mit up to eight (8) unrelated persons to reside as a single
housekeeping unit in the "A" district. This ruling by the
Building Official is still in effect today.
The "A" One-Family district provides for the location of
"libraries, museums, parks, playgrounds, community centers
and governmental facilities and field offices when operated
by or under the control of the City of Fort Worth or other
governmental jurisdiction. " The proposed residence for men-
tally retarded adults will be operated by an agency of
Tarrant County.
A recent United States Court of Appeals, Fifth Circuit,
decision held that the City of Cleburne, Texas, could not
prohibit the location of a home for mentally retarded per-
sons in an apartment zoning district. In holding that the
Cleburne zoning ordinance was unconstitutional on its face
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No, 6967
NEWT EAFQ
�ofFORr,�p To the Mayor and Members of the City Council September 11 , 1984
i 3�s
xrexPy. Subject: RESIDENTIAL TRAINING RESICENCE FOR MENTALLY
"T3 RETARDED ADULTS
and as applied, the court held that mentally retarded per-
sons are a "quasi-suspect" class and that to withstand judi-
cial scrutiny the zoning ordinance must serve important
governmental objectives and must be substantially related to
the achievement of those objectives (Cleburne Living Center,
Inc. V. CitX of Cleburne, 726 F.2d M-75th Cir. 1984) re-
hearing denied 735 F.2d 832) .
Based upon the information submitted to City staff, no per-
mits, licenses or certificates from the City are necessary
for the operation of such a residence. A program description
brochure from the Tarrant County Mental Health/Mental
Retardation Services is attached hereto for the Council ' s
information.
If additional information is required, it will be furnished
upon request.
o ert L. He cher
City Manager
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ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS --