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HomeMy WebLinkAbout2122-P DATE: January 23, 2012 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow a halfway house for offenders and others in a GC-MD (General Commercial-Multiple Family Dwelling) District FILE: 2122-P STAFF REPORT The Planning Manager recommends denial. Marcia Garner with A Chance For A New Beginning has applied for a specific use permit to allow a halfway house for offenders and others in a GC-MD (General Commercial-Multiple Family Dwelling) District. The property is located at 3305 Magnolia. Ms. Garner states that the facility will house up to 20 male clients and offer transitional to permanent housing with an average stay of 6 to 12 months. The program that will be conducted at the halfway house will provide shelter, food, clothing, community service, religious study, daily counseling, meetings for 12 step programs and job training. In the information provided by Ms. Garner, she mentions also providing substance abuse and sex offender rehabilitation classes. The target market will be single parents, ex-offenders, low income persons, the homeless and the unemployed. Ms. Garner say that the halfway house will focus on the following areas within the target market: S Rehabilitation so that ex-offenders and the homeless can re-integrate back into society rehabilitated. S Training to maintain skills and education for job placement. S Housing for low-income persons, ex-offenders and the homeless. S Jobs so that there is less unemployment, homelessness and crime. The Planning Manager is recommending denial based upon the fact that while the property is zoned GC-MD, the broader area surrounding the property is predominately single family residential. The proposed use would not only affect property values but, more importantly, be a detriment to the safety of the neighborhood. While the Planning Manager recognizes that there must be places for such facilities, the protection of this predominately residential area must be the first priority. STAFF REPORT continued In addition to the concerns of the Planning Manager, the Fire Marshall recommends that further investigation be done on how the structure is going to be brought up to code. A change in occupancy requires that the structure meet current codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 26 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 20 and 21, Block 11, Forrest Addition, City of Beaumont, Jefferson County, Texas, containing 0.33 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE) Application Application is in is not in Comments Compliance Compliance Attached CONDITIONS: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; X X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and X X 8. That the proposed use is in accordance with the Comprehensive Plan. X X ANALYSIS continued This application is in conformance with four of the eight conditions necessary for approval. Comments on Conditions 1, 2, 4 and 8 follow: 5. The proposed halfway house will not be compatible with the surrounding residential neighborhood, could be injurious to the welfare of surrounding residents and could significantly diminish property values. 6. The proposed halfway house could impede the development surrounding the subject property due to the nature of the facility. 4. The Transportation Engineer states that the parking area must be improved to include 1 ADA space built to ADA specifications. An investigation of the site brings into question whether there is enough space on the subject property to provide adequate parking. The Transportation Engineer is requiring 8 parking spaces. 7. The applicant intends to construct an 8' tall wood screening fence around the perimeter of the property. However, according to the site plan, the site will not be totally secure due to access to the parking lot. 8. The Comprehensive Plan designates this area as a Conservation and Revitalization Area. Such areas are defined as built up areas where a significant portion of the area is experiencing influences such as incompatible land uses, dilapidated and derelict structures, a deteriorating or poor public infrastructure and a decline in population and in the number of housing units and businesses. Immediate actions are needed to prevent continued deterioration and to reverse and repair those conditions. The Beaumont Housing Authority (BHA) has invested significant public funds in the North End. The subject property is located approximately halfway between two large BHA developments. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: A Chance For A New Beginning PROPERTY OWNER: Marcia Garner LOCATION: 3305 Magnolia EXISTING ZONING: GC-MD (General Commercial-Multiple Family Dwelling) District PROPERTY SIZE: 0.33 acres, more or less GENERAL INFORMATION/PUBLIC UTILITIES continued EXISTING LAND USES: Residential FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant GC-MD (General Commercial-Multiple Family Dwelling) District EAST: Commercial GC-MD SOUTH: Residential GC-MD WEST: Residential RS (Residential Single Family Dwelling) District COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: Magnolia Avenue - Secondary arterial with a 65' wide right-of-way and a 40' pavement width; Prince Street - Local street with a 40' wide right-of-way and a 16' pavement width DRAINAGE: Magnolia - Curb and gutter Prince - Open ditch WATER: 6" and 12" water lines SANITARY SEWER SERVICE: 6" sanitary sewer lines PROPERTY OWNERS BOBINO ANNIE R BROWN JAMES & ANNA LEE BUCKLEY DARLINE RACHEL BUCKLEY CALIP ROY & TARA DAVIS JOHN O ET UX EMMANUEL TEMPLE SEVENTH DAY ADVENTIST CHURCH FRANCIS L J ET UX GEN ASSEMBLY CH OF LORD JESUS CHRIST OF APOSTOLIC FAITH INC HENDERSON LIONEL LANDRY CHARLES ET UX LIMBRICK ROBERT E & VERTIE M MCCAULEY SAMUEL E MELLON MORTGAGE COMPANY POLLOCK KIMBERLY D PUGH EARCELL GLORIA & DOUGLAS DONNELL WOMACK SHAHRODI ZOHREH SPNG INC TAYLOR HARRIS N TORRY SIDNEY TURNER H L SR ET UX VILLERY DON A WALTER PRESTON WARD TIMOTHY ET UX WOMACK DOUGLAS D