City of Bryan Planning and Zoning Commission Regular Meeting August 4, 2011

RP 11-14

Personal Care Home Subcommittee Report

Background May 2009 – Citizen requests to amend zoning ordinance to allow personal care homes by right in residential zones without a Conditional Use Permit (CUP). Sept 2009 - P&Z unanimously recommends to City Council that zoning be amended to define personal care homes and the zones in which they would be permitted. Jan 26, 2010 – City Council refers matter back to P&Z for public input/further study. Feb 11, 2010 – Citizen withdraws request from May 2009 to amend zoning ordinance. Feb 23, 2010 – City Council directs staff to cease work on amending the zoning ordinance. Summer 2010 – City staff conducts comprehensive survey to discover the number of personal care homes operating in Bryan. Results show 8 homes total. 1 was in a commercial district (by right), 3 were state licensed group homes, 1 was not commercially operated and the remaining 3 met the target definition.

Background (cont.) June-October 2010 - Owners of 2 of the 3 personal care homes applied for and were granted CUPs by P&Z. The third personal care home closed on Feb 15, 2011. P&Z personal care homes Subcommittee established by direction of City Council (Nov 2010) in Dec 2010 to conduct a study and issue a report on how personal care homes relate to zoning, the general development and the future growth of Bryan. Feb- July 2011- Subcommittee meets 4 times. Discussions center around: Results of a staff survey of other Texas cities (21 responses were received and survey results are attached to the report) A discussion with several state officials with Texas Department of Aging and Disability Services (DADS) to determine state guidelines for licensing personal care homes. A discussion with the local manager of the Brazos Valley Council of Government’s Area Agency on Aging.

Findings 1. Personal care homes are businesses that provide services in exchange for payment and earn a profit. 2. Personal care homes are legitimate businesses and represent an important component of the current healthcare environment providing care to elderly or disabled citizens. 3. The fact that the Zoning Ordinance does not address the specific use in a manner where it can be individually identified and regulated presents a problem that should be corrected. 4. The shortcomings or success of one business operator should not temper the perception of all personal care home operators. 5. Personal care homes offer a type of personalized living arrangement and choice that appears to be preferred by a significant number of people and that generally cannot be duplicated in larger scale nursing home operation. 6. The small scale at-home model of care for the elderly and disabled is generally accepted in the community.

Findings (cont.) 7. Although we enjoy excellent access to a wide range of healthcare services in Bryan, there will be an increasing demand for personal care homes. The demand will result from the population growth of individuals with a greater need for medical care who relocate from surrounding rural areas and small communities where healthcare access is more limited. 8. The main use of property occupied by a personal care home is up to three people sharing living quarters in a house that is located within a residential neighborhood. 9. Three people living in a house in a neighborhood is residential use of land, no matter who may be employed to care for them or how the caregivers are being paid.

Findings (cont.) 10. Many cities in Texas have considered the issue of personal care homes in residential districts; 3 out of the 21 cities who responded to the survey have taken action to control their location in residential zoning districts. Tyler, Harlingen and Abilene require personal care home operators to obtain a conditional use permit in order to locate in a residential district. 14 of the remaining 18 cities permit personal care homes in residential districts by right. 11. Some cities in Texas, for example, Waco, Lubbock, Baytown and College Station have declared that personal care homes are a residential use and should be permitted by right in residential zoning districts. 12. The City of Bryan may, at the direction of the City Council, pass an ordinance that would prohibit the operation of personal care homes.

Findings (cont.) 13. The level of investment required to obtain a license to operate a state licensed assisted living facility would likely make such a business unfeasible were it to only care for three residents. 14. Once an operator obtains a state license to operate a residential assisted living facility, the City of Bryan loses control over regulating the maximum number of residents that may reside in that home. 15. The fact that state law does not require registration or licensing of personal care homes is primarily a decision based on a reasonable balance of risk vs. benefit to the taxpayers of Texas, and should not be construed to mean that those businesses should not exist. 16. It is not in the best interest of the citizens of Bryan for City government to assume responsibility for inspecting or otherwise regulating personal care homes.

Recommendations That the P&Z adopt the subcommittee findings as a basis for future action. That the P&Z present this report with its findings and recommendations to the City Council at a workshop meeting. That the P&Z strongly advises the Bryan City Council against consideration of an ordinance prohibiting operation of personal care homes. That the City of Bryan amend the text of its Zoning Ordinance to better define “personal care home” uses and to allow such uses by right in all residential zoning districts. For primarily safety reasons, personal care homes should register their presence and basic details of their operation with the City of Bryan. The individuals who occupy a personal care homes constitute a vulnerable population unable to fully care for themselves. Therefore, personal care homes should be required to invite periodic site visits by advocacy groups such as the Area Agency on Aging. That the City of Bryan amend the current “group home” definition in its Zoning Ordinance as it currently does not align with state law.

City of Bryan Planning and Zoning Commission Regular Meeting August 4, 2011