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
SUP24-06. Order of Denial - Findings of Fact: Special Use Permit (SUP) to allow a reduction of 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:
Goal III: City Investment in Today and Tomorrow
Executive Summary:
Council is asked to approve the Order of Denial - Findings of Fact for SUP24-06.
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 is and/or will be in harmony with the area in which it is located; will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; and the special use will not substantially injure the value of the abutting land or the special use is a public necessity.
The owner requested a reduction in the 2,640-foot separation standard between group homes. The applicant’s request would have reduced the separation down to approximately 2,100 feet.
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 are 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 requested a reduction in the 2,460 foot separation standard between Group Homes. The applicant’s request would reduce the separation down to approximately 2,100 feet. However, this separation would have included crossing over Yadkin Road which is five lanes in this area.
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.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.
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 specific changes.
Recommended Action:
Staff recommends that Council moves to approve the Order of Denial of a SUP as presented by staff.
Attachments:
1. SUP24-06- Order of Denial - Finding of Facts
2. Application
3. Photos
4. Aerial Map
5. Zoning Map
6. Land Use Plan Map
7. Subject Properties
8. Surrounding Properties
9. 2,460’ Separation Map
10. PowerPoint