TO: Mayor and Members of City Council
THRU: Kelly Strickland - 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: January 27, 2024
RE:
Title
SUP24-07. Order of Denial - Findings of Fact: 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:
Goal III: City Investment in Today and Tomorrow
Executive Summary:
Council is asked to approve the Order of Denial - Findings of Fact for SUP24-07.
City Council held an Evidentiary hearing on November 25, 2024, and determined that the Applicant failed to present substantial, competent and material evidence that the proposed special use complies with all applicable standards, conditions, and specifications in the UDO, including Section 30-4.C, Use-Specific Standards; that the special use will be in harmony with the area in which it will be located; and that the special use complies with all other relevant City, State, and Federal laws and regulations.
The owner requested to operate a Large Group Home with a reduction in the 2,460 foot separation standards between group homes. The applicant’s request would have reduced the separation down to approximately 2,100 feet, which includes crossing over the Martin Luther King Jr Freeway (MLK).
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 requested to operate a Large Group Home with a reduction in the 2,460 foot separation standards between group homes. The applicant’s request would have reduced the separation down to approximately 2,100 feet, which includes crossing over the Martin Luther King Jr Freeway (MLK).
The SUP failed to meet 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)
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 use 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.
Budget Impact:
This action should result in no increase in City Services.
Options:
1)City Council moves to approve the Order of Denial of a SUP as presented by staff.
2)City Council moves to approve the Order of Denial of a SUP with the following specific changes.
Recommended Action:
Staff recommends that Council moves to approve the Order of Denial of a SUP as presented by staff.
Attachments:
1. SUP24-07- Order of Denial - Finding of Facts
2. Application
3. Aerial Map
4. Zoning Map
5. Land Use Plan Map
6. Subject Properties
7. Surrounding Properties
8. 2,460’ Separation Map
9. PowerPoint