HomeMy WebLinkAbout623-BA
DATE: July 7, 2011
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request for an appeal of the Planning Manager=s decision that two
apartments located at 3980 N. Major Dr. are community based homes and thereby
subject to the one-half mile distance requirement as required by the State of Texas
Human Resources Code, Title 8, Chapter 123, Community Homes
FILE: 623-BA
STAFF REPORT
Todd Hicks, Laura Odom and Jubilee Group have applied for an appeal of the Planning
Manager=s decision that two apartments located at 3980 N. Major Dr. are community
homes and thereby subject to the one-half mile distance requirement as proscribed by the
State of Texas Human Resources Code, Title 8, Chapter 123.
In January, 2011, the City of Beaumont notified Folsom Apartment Development (with a
copy to Jubilee Group) that certificates of occupancy had not been acquired for the
community homes located in Apartments 814 and 825. Folsom Apartment Development
was also notified that the community homes were in violation of the one-half mile distance
requirement. There is a community home located at 3895 Cheryl (see Exhibit A).
The aforementioned regulations state that A a community home may not be established
within one-half mile of an existing community home.@ The City of Beaumont Code of
Ordinances, Sec. 28.01.004, Family (Community) Homes, references said State
regulations as requiring adherence to Vernon=s Annotated Civil Statutes, Article 1011n,
now Human Resources Code , Title 8, Chapter 123 (see Exhibits B and C).
Disability Rights Texas (DRT) has been retained by Todd Hicks and Laura Odom who are
residents of the said apartments. DRT contends that the City erred in its contention that
the aforementioned apartments are classified as community homes and therefore subject to
the one-half mile distance requirement.
The Planning Manager contends that the apartments are community homes based upon the
fact that Jubilee Group signed the apartment lease contracts for both Apartments 814 and
825 as the lessee (see Exhibits D and E). Through interviews with Jubilee Group on-site
managers at some of their other local facilities, they have admitted to City staff that Jubilee
operates community homes within the City of Beaumont. DRT states that Jubilee Group
is a home and
STAFF REPORT continued
community support services agency that is licensed by the Texas Department of Aging and
Disability Services. DRT references the Texas Health and Safety Code '142.001, et. seq.
The Texas Health and Safety Code '142.001, Definitions, states a certified agency A means
a home and community support services agency, or a portion of the agency, that provides a
home health service and is certified by an official of the Texas Department of Health and
Human Services as in compliance with conditions of participation in Title XVIII, Social
Security Act (42 U.S.C. Section 1395 et. seq.)(see Exhibit F).
Texas Human Resources Code, Title 8, Sec. 123.004 states that to qualify as a community
home, an entity must comply with Sections 123.005 through 123.008 and be a
community-based residential home operated by, among others, A an entity certified by the
Texas Department of Human Services as a provider under the medical assistance program
serving persons in intermediate care facilities for persons with mental retardation @.
Based upon the preceding information, the Planning Manager contends the following:
Jubilee Group is the lessee of Apartments 814 and 825, Eagles Landing Apartments, 3980
N. Major Drive.
Jubilee Group, as lessee, is operating community homes at 3980 N. Major Drive,
Apartments 814 and 825.
Jubilee Group is operating community homes within one-half mile of another community
home located at 3895 Cheryl.
The location of the community homes at 3980 N. Major Drive, Apartments 814 and 825 is
in violation of Texas Human Resources Code, Title 8, Sec. 123.004 and City Code
of Ordinances, Sec. 28.01.004.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 17 .
Responses in Favor . Responses in Opposition .
PROPERTY OWNERS
BEAUMONT ICE SKATING CENTER INC
BLOODSWORTH JAMES T
COLEMAN KENNETH & NATOSHA
DELTA ROAD DEVELOPERS INC
FOLSOM APARTMENT DEVELOPMENT % GIL MASTERS & ASSOC INC
FOLSOM APARTMENT DEVELOPMENT
GS HHS BELLE FORET LP % THE RANDY C FLETCHER CO
JEFFERSON COUNTY D D 6
JOHNSON DEIRHON & ETOY
JOHNSON DEIRHON ETUX, ETOY
LA TEX INVESTORS LP
O'NEAL ROBERT A
WEBB DENNIS G
WESLEY UNITED METHODIST CHURCH BEAUMONT TX
WESTHAVEN MAJOR LP