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HomeMy WebLinkAboutIR 7411 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7411 *gyp TFFFO To the Mayor and Members of the City Council September 19, 1989 Subject: Report on Correspondence from the Mental Health Association of Tarrant County, Dated August 25, 1989-�e6­Atf­aced ExhiSit - The development of criteria for "home-g_are" of persons within the City of Fort Worth has a long history. In July of 1975, on Mistletoe Boulevard, a one-family home was rented by an association and a married couple installed to give full-time supervision to eight wayward girls . This immediately caused complaints from the neighborhood. The staff researched its codes and determined there was no violation. The codes at that time (Building Code and Zoning Ordinance) had a definition that defined *family" as *any group of persons living together as a single family unit." The Building Official determined that the definition permitted the use on Mistletoe Boulevard was a use permitted by both the Building Code and the Zoning Ordinance. The interpretation of the Building Official was challenged before the Zoning Board of Adjustment. On July 9, 1975, the Zoning Board of Adjustment upheld the interpretation of the Building Official . Under the authority in setting criteria for interpretations and at the suggestion of the staff, the Zoning Board of Adjustment set a maximum of eight (8) with two-parent type supervisors as a family unit. This decision by the Board began to generate applications for various types of care operations including convalescence for the elderly. At approximately this time period, the State of Texas MHMR began to experiment with the family home program. They also were able to locate family homes under the Board of Adjustment ruling. With the adoption of the 1979 Uniform Building Code in 1981, the definition of "family" was changed. It restricted any occupancy of a living unit to five ( 5 ) persons that were not related by blood or marriage. This changed the previous numbering system approved by the Zoning Board of Adjustment. The previous ruling and the new established numbers carried no other restrictions such as space standards, type of care or services to be provided. The State of Texas became involved in 1985 with the passage of SB 940 (copy attached as Exhibit II ) . This bill adopted the "family home concept" and preempted any city from regulating against such uses where those regulations would deny such use. The bill became effective September 1 , 1985 , and established parameters of operation including spacing standards. On October 22, 1985, the City of Fort Worth amended the Zoning Ordinance by adopting the State definition of Family Home. The definition included adoption of those requirements for family homes as defined in the State of Texas Act. The Zoning Commission of the City of Fort Worth reviewed the *CF" Community Facilities zone. This study is still in progress for certain areas of human care. Out of this study, the Zoning Commission asked that the registration of fo" all care facilities, including the Family Home, be done. The City Council on July 27 , 1989 adopted the Building Code (Ordinance #10327) requiring the -ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7411 p•2 September 19, 1989 1_ � 0�J? To the Mayor and Members of the City Council uz Subject: Report on Correspondence from the Mental Health Association of Tarrant County, Dated August 25, 1989 ( See Attached Exhibit I) registration of all group homes, halfway houses, and Group I and II Care Facilities. The provision may need amending when the Zoning Commission and the City Council finalize the proposed zoning text amendments on this type of care. The Building Official ' s Office received a correspondence (attached herein as Exhibit III) dated July 19, 1989, registering a complaint on "Family Homes" being conducted in violation of the Zoning Ordinance. The Office of the Building Official responded to the complaint by first asking the Fairmont Association the exact location of the violations. The Building Official did not wish to upset the neighborhood by going from door-to-door "looking" for a violation. The Association did respond and Mr. Dick Lewis, on behalf of the Building Official , sent out a letter asking for information in order that the City Staff could determine if there was 1) a zoning use violation and 2) that the State of Texas criteria (as adopted by the City of Fort Worth) was being met. An examination of the criteria in the enabling legislation provides that: 1. The Family Home is operated by: OW A. MHMR; B. Local Government; C. Non-profit corporation meeting State Law as a non-profit corporation; and D. An entity certified by the Texas Department of Human Resources. 2. The inhabitants of the Family Home are handicapped as: orthopedic, visual , speech, hearing, Alzheimers disease, pre-senile dementia, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation , autism, or emotional illness. NOTE: No other type of 'home" is not preempted by the act and must locate in the proper zones within the City of Fort Worth. 3. The Family Home: A. Cannot have more than six (6) disabled persons and with more than two (2) supervisors; -ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7411 n•3 fok.*' To the Mayor and Members of the City Council September 19, 1989 ii S Subject: Report on Correspondence from the Mental Health Association of Tarrant County, Dated August 25, 1989 ( See Attached Exhibit I) B. Must provide the following services: 1) Food and shelter 2) Personal guidance 3) Care 4) Habilitation services 5) Supervision; C. Must meet all licensing requirements; and D. Be at least 1/2 mile apart. These regulations are also adopted in the Zoning Ordinance. The attached letter in question relates to any agency or association that wishes to establish a Family Home. It does not singularly point out any organization or entity. The questions asked in the letter asks only those questions that must be answered in order to determine whether a use is legal under the Zoning Ordinance. This would basically be no different than determining if a commercial use is permissible in any given zone within the City of Fort Worth. We need to know if: 1. Which home was established first or if the home is legal non-conforming under both City and State law,; 2. If they are abiding by the number of persons permitted under City and State law; 3. If they are abiding by the number of supervisors permitted under City and State law; 4. Determine whether it is one of the permitted uses under City and State law rather than drug, alcohol , or penal uses; 5. To see that the services required by law are being done; 6. Check one-half mile spacing; 7. Check licensing if required or registration or non-profit status (whichever is applicable); and 8. Comply with Zoning Ordinance on use with Certificate of Occupancy. -ISSUED BY THE CITY MANAGER I FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7411 p4 ,as To the Mayor and Members of the City Council September 19, 1.989 Z; Subject: Report on Correspondence from the Mental Health Association of Tarrant County, Dated August 25, 1989 (See Attached Exhibit I) The Building Official ' s Office has received a second complaint from the Fairmont Association (see attached letter dated August 30, 1989, Exhibit IV) . The City of Fort Worth Zoning Ordinance has established distance standards for Group Homes and Halfway Houses. These must also be registered. The Staff now faces the formidable task of finding out where these uses are located and see that they are registered as the City Council has dictated. City ug ,:,* �Manager ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS Mental Health Association Of Tarrant County 3136 West 4th - Fort Worth,Texas 76107 • (817) 335-5405 TM BOARD OF DIRECTORS August 25, 1989 PRESIDENT Randy Catterton PRESIDENT-ELECT Manuel Valdez The onorable William N. Garrison Fort orth City Council IMMEDIATE PAST PRESIDENT Di t r t 3 tI S\ r Wl� Hailey s 904 Ho ton tl VICE PRESIDENTS Fort Wo h, Texas 76102 Linda Herchert John E. Scovil Vince L. Lembo, Ph_D_ Dear Mr. Garrison: Carol McKay Emmy Lou G. Prescott As you are aware, the Mental Health Association of Tarrant Olivia Rodriguez County is concerned with support services and affordable, SECRETARY safe housing for persons with long-term mental illness. MHA Lorraine H. Broadus is supporting the City's intention to register Family Homes, TREASURER feeling that registration will help assure that housing for Gary L. Belske the mentally ill is appropriate and that Family Homes will Marilyn Anderson be spaced appropriately within neighborhoods. You and the Jim Ashton other members of the Fort Worth City Council have been most Barry Bailey.Jr, sensitive to the issues surrounding services and housing Carol J. Beech for the mentally ill and have provided support and leadership Richard F. Books Mrs. Bruce L. Boswell as the City has moved forward in making policy on these Karen Brachman issues. Russell G. Brown, M.D. Joe A, Cisneros Richard S. Citrin, Ph.D, It has come to the attention of the Mental Health Association Mary Lynn Crow, Ph.D. that letters like the enclosed have recently been sent by Rocky Deutscher the City' s Department of Development to a number of individuals Shirlee Gandy Barbara Brown Herman who lease to or operate homes for disabled people. MHA is Rebecca Johnson seriously concerned with both the tone and content of this letter. Suzanne Lasko Allie J. Majors Ann S. Morris We find the tone of the letter imposing, and we are wondering Evelyn Parmer if these are the criteria that the City intends to use to Ivan S. Potter register Family Homes. Ron Randall Jude Ryan Charles H. Senders, Ph.D. The letter states that the information requested will be used Irwin Schussler, D.O., F.A.C.N. to determine the "legality" of the home rather than to EXECUTIVE DIRECTOR register it, and question #8 would seem to imply that homes Christine B. Siegfried need to be state licensed. The State of Texas does not currently require licensing for Family Homes. UNITED WAY The most recent draft of requirements for the annual registration of Family Homes mentions only that Family Homes shall be required to register annually with the Director of Development or his designee and specify the name, address and telephone METROPOLITAN number of a registered agent for contact. How do those proposed TARRANT COUNTY requirements relate to the information requested in this letter? EK1418IT 1- FA4E I Of A Chapter of the Texas Division of the National Mental Health Association ' The Honorable William N. Garrison August 25, 1989 Of special concern to MHA are questions #5 and #6 concerning identification of the types of disabilities of residents and the services they are receiving. What is the purpose or intended use of this informtion? Our concern always is for the privacy and dignity of individuals who have the disability of mental illness; mentally ill citizens have the right to choose whether or not to disclose their disabilities and we are concerned with any procedure which might take away that right and automatically result in public knowledge of private information. Other citizens living in residential neighborhoods are not required to disclose their disabilities or services they receive. During the past year and a half, MHA has worked with the City in clarifying and creating policy around these types of issues. We need policy that balances the City's needs with the privacy needs of disabled citizens, and we stand ready to work with the City on developing appropriate criteria for Randy Catterton President cc: Mr. Doug Harmon, City Manager Mrs. Shirlee Gandy, Board Member, MHA ,fit— am+.! �'� ' �'✓ CITY OF FORT WORTH, TEXAS CERTIFIED MAI1' DIVARTMET•d't Of DEVROPMENI 1000 THROCKMORTON STREC? fORT wORTH, TExAS 76107 August 9, 198111 Steve Lipsett 716 Page Avenue Fort +forth, Texas 70110 Re: 1804 6th Avenue Dear Mr. Lipsett: It has been brought to our attertion that there may be a home for disabled persons being operated at 1804 6th Avenue. Our records reflect that you are the owner of this property. Please confirm your o-,inershi p. This office requires some information so that we may determined the legality of the home for disabled cersons being located at subject address. If such a home is operating at 1804 6th Aven:�e, please provide us with the following information. I . In which of the two structures does a house exist? 2. What date was each home established? 3. How many disabled persons reside in each home? 4. How many supervisory personnel reside in each home? 5. What type of services are provided for the disabled? 6. What types of disabilities do the disabled persons residing there have? 7. What is the distance between these homes and any other such home? 8. Are these homes State of Texas licensed homes? B. Do you have a Certificate of Occupancy for the family homes? If such a home is nct operating at 1804 6th Avenue, please provide this office with information regarding how the two buildings on the property are being used (ie. Single Family Residence , Two-Family Residence, Retail Business , Multi-Family Residence, etc). Thank you for your cooperation in this matter. If you have any quest-Ions , please call me at (817)870-78 4'5. r•Sincerely, , e-lr_ / Richard B. Lewis Assistant Building OfficiF:l TEXAS LEGISLATIVE SERVICE SH 444 AS FINALLY PASSED AND SENT TO THE GOVERN0R 6-14-20-21--355 , 1 AN ACT 2 relating to the requirements and standards for and location of 3 family homes for disabled persons. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 5 SECTION 1. SHORT TITLE. This Act `may be cited as the 6 Community Homes for Disabled Persons Location Act. s 7 SECTION 2. DEFINITIONS. In this Act: 8 (1) "City" includes any incorporated city or town, including 9 a home-rule city. 10 (2) "Department" means the Texas Department of Mental Health 22 and Mental Retardation. 22 (3) "Disabled person" means a person who has a physical or 13 mental impairment, or both, that substantially limits one or more 14 major life activities. 15 (4) •Family home" means a community-based residential home 16 operated by: 17 (A) the department; l8 (H) a community center organized under Section 3.01, Texas -1 19 Mental Health and_ Mental Retardation Act (Article X547-203, 20 Vernon's Texas Civil Statutes), which provides services to disabled 21 person's; 22 (C) a nonprofit corporation; or 23 (D) an entity certified by the Texas Department of Human J � � 24 Resources as a provider under the intermediate care facilities for 3 3 2S the mentally retarded program. e 4 xNMIT PAGE oF3 , S.S. No. 940 2 (S) "Major life activity". moans caring for oneself. 2 performing manual tasks, walking, seeing, hearing, speaking, 3 breathing, learning, or working. 4 (6) "Nonprofit corporation" means an entity subject to the S Texas Non-Profit Corporation Act (Article . 1396-1.01 at seq. , 6 Vernon's Texas Civil Statute$). 7 (7) "Permitted use" means a use by right that is authorized 8 in all residential zoning districts in this state. 9 (8) 'Physical or mental impairment" means orthopedic. .0 visual, speech, 'or hearing impairments, Alzheimer's Disease, .1 Pre-senile Dementia, cerebral palsy, epilepsy, muscular dystrophy, 12 multiple sclerosis, cancer; heart disease, diabetes, mental 13 retardation, autism, or emotional illness. 4 SECTION 3. FAMILY HOME REQUIREMENTS. (a) To qualify as a S family home under this Act, a home must comply with this section. 001` t6 (b) Not more than six disabled persons, regardless of their 17 legal relationship to one another, and two supervisory personnel .8 may reside in a family home at the same time. .9 (c) A family home must provide to the disabled residents the !0 following services; r 21 (1) food and shelter; 12 (2) personal guidance; i :3 (3) care; :4 (4) habilitation services; or 2S (S) supervision. 26 (d) A family home must meet all applicable licensing 2 f>AA ► S.B. No. 940 1 requirements, , 2 (e) A family Dome may not be established within one-half 3 mile of a previously existing fancily home. 4 SECTION 4. FAMILY HOMES ' AS PERMITTED USES. In all S residential zones or districts in this state. a family home that 6 meets the requirements of this Act is a permitted use. However, 7 the residents of such home may not keep, on the premise of the home 8 or on the public rights-of-way adjacent to the home, more than one 9 motor vehicle per bedroom for the use of the resident3 of the home 10 unless otherwise provided by city ordinance. 11 SECTION 5. EXCLUSION BY PRIVATE AGREEMENT PROHIBITED, Any 12 restriction, reservation, exception, or other instrument created or 13 amended on or after September 1, 1985, that relates to the 14 transfer, sale, lease, or use of property may not prohibit the use 15 of the property as a family home. 16 SECTION 6. EFFECTIVE DATE. This Act takes effect September 17 11 1985. 18 SECTION 7. EMERGENCY. The importance of this legislation 19 and the crowded condition of the calendar& in both houses create an 20 emergency and an imperative public necessity that the 21 constitutional rule requiring bills to be read on three several fj 22 days in each house be suspended, and this rule is hereby suspended. 3 THE FAIRMOUNT ASSOCIATION 2230 Lipscomb Street Fort Worth, Texas 76110 Mr. Dick Lewis Department of Developement City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 July 19, 1989 Dear Mr. Lewis, In as much as we have not been able to get a hold of each other since our initial phone conversation, your secretary recommended I put into writing as many of the details as possible regarding the "Family Home" in the Fairmount Historic district. The facts are as follows: The house in question has relocated to ft, 44` Fairmount St. in the past three or four months. It previously was located n the 1900 block of Hurley St. which is one block away. There are -also "Family Homes" run by MHMR in the 1700 block of Fairmount,the 2000jL1ggk of Hurley, the 1$00 block of 6th Ave. (the next street east, the; 200 block�of 6tli aria more recently I have been apprised of another such home in the 7CD 6r�80 i)ock�df 3th Ave., receiving this informa- tion recently from an employee- in the? mental health profession. The point of this information is to stress that there are a large number of group facilities that are presently non-comforming to the state statute requiring ONE HALF MILE distancing between any two family homes. Although the agency running this family home, "The Texas Head Injury Foundation" may have been previously grandfathered in it's Hurley St. address, if it left that location and moved to another area which was closer than ONE HALF MILE as proscribed by the state statute, it is in violation of this statute. The Texas Head Injury Foundation is also making application now, I understand to conduct outpatient re-training from this location. It is the feeling of the neighboring residents that this sort of facility would not be compatible with the character of this area, and contradicts the Revitalization Plan put forth by the City of Fort Worth, in it's 1987 document. If you would require further information on the state statute I reccommend calling Gail Baxter at Code Enforcement 870-6320. The contact person for the head injury foundation is a Mrs. Plyter, at 877-3959. I have asked the city manager's office to give this speua attention as t ere ss currently an ordinance recently passed requiring the registation of such facilities in order to prevent these problems so they are particulaly interested in how this may set a precedent. Sincere- Qj lf��� rdeleau Fairmount Association:President c.c. David Chappell c.c. Gail Baxter • c.c. Jodi Eubanks ,.. c.c. Bob Bolen THE FAIRMOUNT ASSOCIATION 2230 Lipscomb Street Fort Worth, Texas 76110 Mr. Dick Lewis Department of Developernent City of Fort Worth 1000 Throckmorton St. Fort Worth, Texas 76102 August 30, 1989 Dear Dick, In respomse to the neighborhood newsletter's appeal for the addresses of any more MHMR facilities, I have been given information on Two more:1819 5th Avenue and ASWCollege Ave. The one on College is curious as the resident who gave me the information said she noticed more and more of these folks taking up resid- ence at this address. Then finally she said that a van with an MHMR logo picks up and drops off some of these residents. In as much as I have an eye-witness account of the activities citing this (as well as the neighbor across from the 5th Ave. address) I feel very strongly that these should be delved into to find the explanation as to why an MHMR van is facilitating these folks travel. Please also let me state that that the Fairmount Board of directors has taken a stand on the Head Injury Foundation: It is felt that if they are not in compliance with the state statute as your investigation has already shown, and now that there is an ordinance declaring the same spacing requirements, we feel, regardless of the worth-whiteness of this or any agency caught in a similar circumstance, that the law must be enforced, in order to not set a precedent for other agency that may try to buy into the neighborhood, both financially, and with gestures. With so much of our housing vacant, and the need for housing dis-abled populations, it would not be serving us in the end to allow this agency to stay and expect other agencies to understood why we granted an exception in this particular inst- ance. We hope you will see the wisdom in asking the city to work with these folks in working towards a location that will comply with all the ordinances and laws pertaining to them. In as much as there are at least 4 "Family" and "Group" homes in Fairmount, it is obvious that we have fulfilled our obligation to have no more than one per 1/2 mile radius, should any agency apply for a certificate of occup- ancy with the city. President The Fairmount Association c-c David Chappell Lester Paige Doug Harmon Ruby Jo HaIden