Neighbors oppose three group‑home requests; Midlothian planning commission denies permits after extended public hearing

Neighbors filled the public‑hearing lectern April 28 to oppose three separate special‑use permits that would allow existing houses in Midlothian neighborhoods to operate as Type B family‑based assisted‑living group homes.

Staff told the commission that each applicant had applied for a specific use permit to provide 24‑hour supportive care for elderly or mentally/physically impaired residents and that Texas licensing and health‑and‑safety rules apply. The commission heard the first case for a house at 3220 Star Wash Drive in Bluegrass Estates, where staff recommended approval of the SUP but opposed a variance that would permit enclosing the existing garage without building a detached replacement. The public hearing brought repeated concerns about septic capacity, ambulance access and the change in neighborhood character.

"I'm worried about the guardrails on this," said Sean Tribley, who lives adjacent to the Bluegrass property, adding that the house has been “in disarray” and that he feared more ambulance and coroner calls. Lisa Jenny, who lives across the street from the same property, said she values the neighborhood’s “peace and quiet” and expects frequent caregiver and delivery visits if the facility opens. Multiple neighbors submitted petitions and emails in opposition.

The applicant for the Bluegrass property, identified in the record as the applicant, said the home would be licensed through Texas Health and Human Services, would not provide nursing care and would have state inspections and life‑safety requirements. The applicant told commissioners the garage conversion would create two bedrooms and that caregivers would staff overnight shifts. "This isn't a group forum where people are coming out of prison... This is to help those elderly individuals that need assistance," the applicant said.

Commissioners repeatedly asked staff whether state law preempts local zoning for certain small community homes; staff replied that facilities with six or fewer residents can be treated as community homes with limited local restriction, but larger Type B facilities are subject to city review and can be regulated by local standards on parking, occupancy and spacing. After hearing neighbors and applicants in all three cases, the commission denied the Bluegrass Estates SUP 5–0. A separate SUP for a 16‑resident Type B facility at 611 North 4th Street was denied 4–1 after staff noted future land‑use incompatibility, and the applicant for a proposed 12‑resident facility at 4261 Morning Glory Parkway also saw the commission deny the SUP 5–0.

Neighbors and several commenters with long experience in first response work said they had seen substandard care at some facilities and worried about response time in outlying parts of Midlothian. "They're clear, clearly in it for the money," said Ben Zucker, a long‑time first responder, addressing his experience with subpar care in some residential care facilities. Other homeowners cited HOA restrictions and argued conversions would set a precedent for more such uses in residential neighborhoods.

Commissioners and staff discussed policy options to manage future SUP applications, including setting occupancy limits, minimum bedroom sizes and parking rules. Staff said the city could draft more detailed group‑home standards consistent with federal and state law, including spacing requirements and occupancy criteria for larger facilities, but cautioned about statutory preemption for very small community homes.

The packet and staff presentation noted that SUPs can remain with a property from owner to owner if the use continues; an SUP may lapse if the use is discontinued for a period (typically 18 months). The denials will be recorded in the commission minutes and applicants were instructed on next procedural steps, including potential appeals or revised applications.