Fulshear planning commission recommends ordinance to define, conditionally regulate residential care and treatment homes

The Fulshear Planning & Zoning Commission on Dec. 5 voted to recommend to City Council ordinance 2025-15-15, which would add definitions and make most residential care and personal care uses conditional within the city's zoning code. The recommendation follows a public comment from a city resident who said a nearby residential treatment facility has harmed his family's enjoyment of their property.

Resident Chuck Meyer told the commission he lives on Leah Lane and that a facility across the street "has caused a severe change in our lifestyle" because of repeated police calls and disruptive behavior; he urged the city to "regulate these and not allow these to go in the residential areas." Meyer asked the commission to support enforcement and regulation to address public-safety impacts.

City planning staff and the ordinance presenter said the amendment is primarily definitional: it creates categories that track state definitions for personal care homes (three or fewer residents), group homes (roughly seven to 15 residents), community homes (up to six residents with disabilities) and residential care institutions (16 or more). The presenter said making these uses "conditional" allows the city to require an application, notice to the city, design standards that blend with surrounding dwellings, and separation requirements; he noted a 2,500-foot spacing requirement to existing community homes for certain categories.

Staff said the change does not reclassify the uses as commercial; rather, because state law treats many of these uses as residential, the city's authority to restrict them is limited. "We're aligning our definitions with the state," the presenter said, and "this is to get on top of this as these uses increase within the city." Legal counsel Charlie Zek warned commissioners that regulation in this area is legally complex: providers can seek reasonable accommodations under the Americans with Disabilities Act and there is case law challenging overly restrictive local rules.

Commissioners discussed enforcement and retroactivity. Staff and legal counsel said the ordinance would not force existing facilities to reapply retroactively; permits and conditional-use requirements would apply going forward. Commissioners asked about options such as nuisance fines or security requirements; staff said some measures could apply only if they can be shown to lawfully apply to residential uses without running afoul of state or federal protections. "We want to make sure we create a regulatory structure that is defensible," legal counsel Charlie Zek said.

The commission moved, seconded and approved a recommendation in favor of ordinance 2025-15-15. The measure now goes to the Fulshear City Council for a second public hearing and final action scheduled for Dec. 16 at 6 p.m. at the municipal complex.

What happens next: if City Council adopts the ordinance as recommended, operators of new residential care or personal care facilities would be required to apply for the conditional use permit and meet the ordinance's notice, spacing and design conditions; existing facilities would not be automatically required to obtain permits under the ordinance as described at the hearing.