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
SUP24-06. Special Use Permit (SUP) requesting a reduction in the separation requirement for a Small Group Home located at 6302 Cool Shade Drive (REID # 0409411717000) and being the property of James L. Conyers Jr Trustee & Kendra Conyers.
end
COUNCIL DISTRICT(S):
Council District(s)
3 - Benavente
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 a reduction in the 2,640 foot separation standards between group homes. The applicant’s request would reduce the separation down to approximately 2,100 feet. This separation includes crossing over Yadkin Road. Additionally, this property is surrounded by other SF-10 zoning and single-family residences. The property in question is part of the Cottonade Subdivision and was platted in 1962.
In the City’s Unified Development Ordinance (UDO) a Small 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 between two and six 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: James L. Conyers Jr Trustee & Kendra Conyers.
Applicant: Kendra Conyers
Requested Action: SUP - Reduction in separation between uses.
Property Address: 6302 Cool Shade Drive
Council District: 3 - Benavente
Status of Property: Single-family Detached
Size: Approximately 0.40 acres
Adjoining Land Use & Zoning:
• North - SF-10: Single-family Detached
• South - SF-10: Single-family Detached
• West - SF-10: Single-family Detached
• East - SF-10: Single-family Detached
Letters Mailed: 180
Land Use Plan: LDR - Low Density Residential
Low Density Residential consists of Mainly Single family residential with some accessory dwellings; occasionally with duplexes (if isolated) or townhomes. Lots typically 1-4 dwellings per acre. Suburban, auto-oriented character with utility 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 all zoned SF-10. All of this area out to Yadkin Road is low density single family detached dwellings.
Special Use Permit Request:
The owner is requesting 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 Yadkin Road which is five lanes in this area.
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.3 Residential Uses - Group Homes, Small uses shall comply with the following standards:
a. Small group homes are limited to a maximum of six residents and any associated care givers.
b. A small group home shall be located at least 2,640 feet (approximately one-half mile) from any other group home or therapeutic home.
According to the applicant, “The proposed assisted housing development will
• Meet the minimum lot size and dimensional requirements for the zoning district, as specified in Section 30-4.C.1.
• Provide the required number of off-street parking spaces, as outlined in Section 30-4.C.2, to accommodate staff and residents.
• Ensure that the building design and site layout comply with the architectural and landscaping standards detailed in Section 30-4.C.3.
• Implement the necessary safety and accessibility features, in accordance with Section 30-4.C.4, to support the needs of the residents.
• Comply with any additional use-specific standards or requirements relevant to assisted housing, as outlined in the Ordinance. By addressing all the applicable standards and requirements, I aim to demonstrate that the proposed multi-unit assisted housing with services is a suitable and compliant use for the designated zoning district.”
2. The special use will be in harmony with the area in which it is located;
According to the submitted application, “By positioning this Multi-Unit Assisted Housing with Services in a residential area, the residents will be able to maintain their independence while also having access to the support they need, all while remaining connected to the broader community. This aligns with the city's goals of providing diverse housing options that promote inclusive, livable neighborhoods.”
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, “The proposed small group home will not materially endanger the public health or safety if located where proposed and developed according to the approved plan. Several key factors demonstrate the safety and appropriateness of the proposed location and development:
• Site Design and Layout: The site plan has been carefully designed to ensure safe and efficient circulation for residents, staff, and visitors. The layout provides clear separation of pedestrian and vehicular traffic, with designated parking areas and accessible routes throughout the property.
• Building and Fire Safety: The home will be constructed and equipped to meet or exceed all applicable building and fire code requirements. This includes the installation of fire suppression systems, emergency exits, and other safety features to protect the health and well-being of residents and staff.
• Access to Emergency Services: The proposed location is in close proximity to medical facilities, police, and fire departments, ensuring prompt response in the event of an emergency. Residents will have reliable and convenient access to the care and services they require.
• Management and Supervision: The assisted housing will be operated by experienced and qualified staff who are trained to provide a high level of care and support to the residents. Comprehensive policies and procedures will be in place to maintain a safe and secure environment.
• Resident Screening and Support: The home will have a thorough resident screening process to ensure that only individuals who can be safely and appropriately accommodated are admitted. Ongoing support and monitoring will be provided to meet the unique needs of the residents.
• By addressing these key safety considerations, the proposed multi-unit assisted housing development will not materially endanger the public health or safety if located where proposed and developed according to the approved plan.”
4. The special use is in general conformity with the City's adopted land use plans and
policies;
According to the applicant:
• Comprehensive Plan Alignment:- The city's Comprehensive Plan identifies the need for a range of housing options, including assisted living and supportive housing, to meet the diverse needs of the community. The proposed development is located within a designated residential district, which is consistent with the land use designations and policies outlined in the Comprehensive Plan.
• Zoning Ordinance Compliance: The multi-unit assisted housing with services use is permitted in the zoning district where the proposed development is located, as per the use regulations in the Zoning Ordinance. The development plans comply with the applicable zoning requirements, including lot size, density, setbacks, and other dimensional standards.
• Housing and Community Development Strategies: The city's Housing and Community Development Plan emphasizes the importance of expanding affordable and accessible housing options for older adults and individuals with special needs. The proposed assisted housing development directly supports these strategic goals by providing a high-quality, supportive living environment for the target population.
• Accessibility and Inclusivity: The city's adopted policies and initiatives promote accessible and inclusive communities, ensuring that residents of all abilities have access to necessary services and amenities. The assisted housing development will incorporate design features and on-site services that cater to the specific needs of the residents, aligning with the city's commitment to accessibility and inclusivity.
• By aligning with the city's Comprehensive Plan, Zoning Ordinance, and other relevant land use policies and strategies, the proposed multi-unit assisted housing with services demonstrates general conformity with the city's overall vision and development objectives.”
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, “The proposed small group home with services will not substantially injure the value of the abutting land. In fact, the development can be considered a public necessity that will positively contribute to the surrounding community.
• Compatibility with Surrounding Uses: The assisted housing development is located in a designated residential district, where similar multi-family and supportive housing uses are permitted and compatible with the existing land uses. The building design, scale, and landscaping will be carefully integrated to ensure visual compatibility and seamless integration with the neighboring properties.
• Increased Demand for Supportive Services: The city's population is experiencing a growing need for accessible and affordable assisted living options, particularly as the aging demographic continues to expand. The proposed assisted housing development will help meet this critical community need, providing a specialized living environment and on-site services for residents.
• Economic and Social Benefits: The assisted housing facility will create new employment opportunities for local residents, contributing to the economic vitality of the area. The provision of high-quality, supportive housing can also lead to positive social outcomes, such as improved quality of life for residents and reduced demand on public services.
• Property Value Impacts: Studies have shown that well-designed and well-managed assisted living facilities generally do not have a negative impact on the property values of surrounding neighborhoods. In some cases, the presence of such a facility can even increase the desirability and value of nearby properties, as it provides a valuable community amenity.
• By considering the compatibility, community need, and positive economic and social impacts, the proposed multi-unit assisted housing with services can be viewed as a public necessity that will not substantially injure the value of the abutting land. Instead, it can contribute to the overall well-being and vibrancy of the surrounding area.”
6. The special use complies with all other relevant City, State, and Federal laws and
regulations.
According to the applicant, “Yes, the proposed small group home will comply with all other relevant City, State, and Federal laws and regulations. This includes but is not limited to:
• City Zoning Codes and Regulations: The development will adhere to all applicable zoning codes and regulations set forth by the local municipality, ensuring that the project is in compliance with land use requirements, building codes, and permitting processes.
• State Building Codes and Regulations: The construction of the assisted housing home will meet the standards and guidelines established by the state's building codes and regulations to ensure the safety and structural integrity of the building.
• Federal Fair Housing Laws: The project will comply with federal fair housing laws, which prohibit discrimination in housing on the basis of race, color, national origin, religion, sex, familial status, or disability.
• Accessibility Requirements: The development will meet all accessibility requirements outlined in the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) to ensure that individuals with disabilities have equal access to the housing and services provided.
• Health and Safety Regulations: The assisted housing facility will adhere to all relevant health and safety regulations established by federal, state, and local authorities to protect the well-being and welfare of residents and staff.
• By ensuring compliance with all relevant City, State, and Federal laws and regulations, the proposed multi-unit assisted housing with services will operate in accordance with the highest standards of legality, safety, and quality.”
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 reduction of the separation requirement between Group Homes, subject to the submitted site 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 Single Family Residential 10 (SF-10) 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 reduction of the separation requirement between Group Homes 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 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. Photos
3. Aerial Map
4. Zoning Map
5. Land Use Plan Map
6. Subject Properties
7. Surrounding Properties
8. 2,460’ Separation Map
9. PowerPoint