TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, AICP, CFM, CZO - Planning & Zoning Manger
Craig Harmon, CZO - Senior Planner
DATE: November 25, 2024
RE:
Title
SUP24-07. Special Use Permit (SUP) to allow a Large Group Home and the reduction of the separation requirement located at 709 Hay Street (REID #0437259126000) and being the property of J & D Managements LLC.
end
COUNCIL DISTRICT(S):
Council District(s)
2 - Malik Davis
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
Goal II: Responsive City Government Supporting a Diverse and Viable Economy
• Objective 2.1 - To ensure a diverse City tax base
• Objective 2.4 - To sustain a favorable development climate to encourage business growth.
Goal III: City Investment in Today and Tomorrow
• Objective 3.2 - To manage the City's future growth and strategic land use.
• Objective 3.3 - To sustain a favorable development and business climate through timely and accurate construction review and building inspection services
Goal IV: Desirable Place to Live, Work and Recreate
• Objective 4.3 - To improve mobility and connectivity through sidewalk, trail, and bike lane investments
• Objective 4.4 - To provide a clean and beautiful community with increased green spaces
Objective 4.5 - To ensure a place for people to live in great neighborhoods
Executive Summary:
Evidentiary Hearing:
During an Evidentiary Hearing, the burden of demonstrating that an application complies with applicable review and approval standards of this Ordinance is on the applicant, which shall be demonstrated by competent, material, and substantial evidence. The burden is not on the City or other parties to show that the standards have not been met by the applicant.
The owner is requesting to operate a Large Group Home and also seeks a reduction in the 2,460 foot separation standards between group homes. The applicant’s request would reduce the separation down to approximately 2,100 feet. However, this separation includes crossing over the Martin Luther King Jr Freeway (MLK).
In the City’s Unified Development Ordinance (UDO) an large group home is defined as a home with support and supervisory personnel that provides room and board, personal care, and habilitation services in a family environment for seven or more resident persons with disabilities-i.e., persons with a temporary or permanent physical, emotional, or mental disability, including but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances, and orthopedic impairments, but not including mentally ill persons who are dangerous to others. The definition does not include hospitals, rest homes, nursing homes, boarding homes, homes for orphans or aged, sub-acute-care detoxification centers, or halfway house/mainstreaming facilities.
Background:
Owner: J & D Managements LLC
Applicant: Saeed Mohammed, Fresh Start Housing
Requested Action: SUP - Large Group Home and Reduction in separation.
Property Address: 709 Hay St
Council District: 2 - Malik Davis
Status of Property: Single Family Detached Dwelling, zoned OI
Size: Approximately 0.34 acres
Adjoining Land Use & Zoning:
• North - MR-5: Condos
• South - OI: Vacant
• West - OI: Single Family Detached Dwelling zoned OI
• East - OI: Vacant & Bed & Breakfast
Letters Mailed: 175
Land Use Plan: OI - Office & Institutional
Office & Institutional consists of medium intensity nonresidential uses. Light industrial, office, flex-spaces, warehousing, and large schools/institutions. Businesses or buildings grouped sometimes in business parks. This area also includes utilities and city services.
Additional Reviews:
A Technical Review Committee (TRC) examination was conducted as part of the Special Use Permit process. Standard development comments were provided.
Issues/Analysis:
Surrounding Area:
The surrounding area is mostly zoned OI and MR-5 with some DT-2 close by. Most of the area to the north, is developed residentially. The areas on the south side of Hay Street are zoned OI and DT-2 and associated uses.
Special Use Permit Request:
The owner is requesting to operate a Large Group Home and also seeks a reduction in the 2,460 foot separation standards between group homes. The applicant’s request would reduce the separation down to approximately 2,100 feet. However, this separation includes crossing over the Martin Luther King Jr Freeway (MLK).
Use-specific standards are the requirements applied to individual use types regardless of the zoning district in which they are located or the review procedure by which they are approved. This section is intended to identify the use-specific standards for all principal uses identified in Table 30-4.A, Use Table, as subject to "additional requirements." These standards may be modified by other applicable requirements in this Ordinance.
These standards are not subject to a variance request. However, with the following exceptions or as explicitly stated in other sections of this ordinance, the separation standards may be reduced upon approval of a special use permit finding that the reduction in the separation standard does not increase negative impacts on surrounding uses and that there are specific characteristics that help minimize any negative impacts, such as natural or man-made features that create visual or physical separation between the uses. Consistent with standards for the procedure in Article 30-2.C.7 Administration - Special Use Permit, conditions may be attached to further minimize or prevent negative impacts, including limitations on hours of operation, maximum size, or range of activities.
The SUP must meet all of the following findings of facts:
1. The special use complies with all applicable standards, conditions, and specifications in this Ordinance, including in Section 30-4.C, Use-Specific Standards;
30-4.C.2.b.2 Residential Uses - Large Group Home uses shall comply with the following standards:
a. Large group homes may include seven or more residents and any associated care givers.
b. A large group home shall be located at least 2,640 feet (approximately one-half mile) from any other group home, therapeutic home, community reintegration center,, or transitional housing if located in a residential zoning district. If located in a business zoning district, the 2,640-foot standard may be reduced or waived through the special use permit process based on mitigating circumstances which may include, but are not limited to, topographical or transportation facility barriers (such as rivers, railways, and major highways), degree or extent of separation from other such uses, and surrounding neighborhood characteristics (including proximity to social services and public transportation)
According to the applicant, “Each individual is assigned to a room in the house.”
2. The special use will be in harmony with the area in which it is located;
According to the submitted application, “Apartment complexes and other commercial buildings are located in the area which makes it feasible for rooming housing.”
3. The special will not materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and approved;
According to the application and site plan, “Since the location is surrounded by apartment complexes and commercial buildings and we are operating as a rooming house no danger is expected.”
4. The special use is in general conformity with the City's adopted land use plans and
policies;
The City’s 2040 Future Land Use Plan calls for Office & Institutional consists of medium intensity nonresidential uses. Light industrial, office, flex-spaces, warehousing, and large schools/institutions. Businesses or buildings grouped sometimes in business parks. This area also includes utilities and city services.
5. The special use will not substantially injure the value of the abutting land, or the
special use is a public necessity; and
According to the application, “We are providing rooming housing for veterans.”
6. The special use complies with all other relevant City, State, and Federal laws and
regulations.
The owner will be required to comply with all applicable laws and regulations.
Analysis:
According to the 2040 Future Land Use Plan, this proposed development falls within GOAL #1 of the plan - Focus value and investment around infrastructure and strategic nodes.
Under the plan’s Land Use Policies and Strategies section, subsection Strategic, Compatible Growth, this proposed development falls under the following sections:
LU -1:ENCOURAGE GROWTH IN AREAS WELL-SERVED BY INFRASTRUCTURE AND URBAN SERVICES, INCLUDING ROADS, UTILITIES, PARKS, SCHOOLS, POLICE, FIRE AND EMERGENCY SERVICES.
• 1.1: Work with the Public Works Commission (PWC) and other utility provider to ensure that public facilities and services are planned in a coordinated manner
Ø Utilize the Future Land Use map as a guide for infrastructure expansion
• 1.6: Require adequate infrastructure to be in place prior to or in tandem with new development
Ø This includes road infrastructure such as roads, turn lanes and sidewalks as well as public services such as parks, schools, water/sewer, police, fire and emergency services
LU -2:ENCOURAGE STRATEGIC ECONOMIC DEVELOPMENT
• 2.1: Encourage economic development in designated areas
Encourage economic development in key areas including Downtown, Office / Institutional Areas, Industrial / Employment Areas, Regional and Community Centers, and Highway Commercial Areas
• 2.2: Identify opportunity sites for manufacturing and technology industry based on transportation access, nearby land uses, environmental constraints and other considerations
Discourage large-scale residential rezonings and development that impacts prime industrial sites.
Coordinate with City departments to determine necessary utility, transportation and stormwater upgrades to accommodate target industries:
Budget Impact:
This action should result in no increase in City Services.
Options:
1) City Council moves to approve the Special Use Permit (SUP) as presented based on the evidence submitted and finds that the Special Use Permit (SUP) meets the six (6) findings of fact.
2) City Council moves to approve the Special Use Permit (SUP) as presented with conditions, based on the evidence submitted and finds that the Special Use Permit (SUP) meets the six (6) findings of fact.
3) City Council moves to deny the Special Use Permit (SUP) based on the evidence submitted and finds that the Special Use Permit (SUP) fails to meet the six (6) findings of fact.
Recommended Action:
OPTION 1
I move to APPROVE the Special Use Permit (SUP) to allow the operation of a Large Group Home and the reduction of the separation requirements subject to the submitted plans and conforming to the current Unified Development Ordinance standards as depicted on the attached site plan, as presented by staff, based on the standards of the City's development code and the evidence presented during this hearing. And that the application is consistent with applicable plans because: (1) the development is located in a Office and Institutional (OI) zoning district and (2) that this use complies with the findings listed and (3) the proposed permit is in the public interest because the proposed SUP does fit with the character of the area.
[Applicable to Motion to Approve] If approved, this Special Use Permit shall become effective with the approval of the Order of Findings by the City Council. The SUP shall expire one year from its effective date if a building permit is not issued within that time.
*For a motion to approve, all six findings below must be met:
1. The special use complies with all applicable standards, conditions, and
specifications in this Ordinance, including in Section 30-4.C, Use-Specific
Standards;
2. The special use will be in harmony with the area in which it is located;
3. The special will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
4. The special use is in general conformity with the City's adopted land use plans and policies;
5. The special us will not substantially injure the value of the abutting land, or the
special use is a public necessity; and
6. The special use complies with all other relevant City, State, and Federal laws and regulations.
OPTION 2
I move to DISAPPROVE the Special Use Permit (SUP) for the operation of a Large Group Home and the reduction of the separation requirements based on the plans submitted, and as presented by staff, based on the standards of the City's development code and the evidence presented during this hearing. And that the application does not meet the finding(s) of fact listed below. More specifically finding(s) #_____.]
* For a motion to deny only one of the findings shown below needs to not apply.
1. The special use complies with all applicable standards, conditions, and
specifications in this Ordinance, including in Section 30-4.C, Use-Specific
Standards;
2. The special use will be in harmony with the area in which it is located;
3. The special will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
4. The special use is in general conformity with the City's adopted land use plans and policies;
5. The special us will not substantially injure the value of the abutting land, or the
special use is a public necessity; and
6. The special use complies with all other relevant City, State, and Federal laws and regulations.
[Applicable to Motion to Deny] If denied this action shall become effective upon the approval of the Order of Findings by the City Council.]
Attachments:
1. Application
2. Aerial Map
3. Zoning Map
4. Land Use Plan Map
5. Subject Properties
6. Surrounding Properties
7. 2,460’ Separation Map
8. PowerPoint