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HomeMy WebLinkAbout2020-P DATE: February 15, 2010 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow a residential care facility in an RM-H (Residential Multiple Family Dwelling-High Density) District FILE: 2020-P NOTE: This item was tabled at the February 15, 2010 Planning Commission/City Council Joint Public Hearing STAFF REPORT The Planning Manager recommends denial. The HOW Center has applied for a specific use permit to allow the expansion of its facility on Cable Street. The expansion will occur across the street from its existing facility. The address of the expansion is 1096 Cottonwood. In March, 2000, City Council approved a specific use permit to allow a residential care facility at 2509-11 Cable. That specific use permit included an office/dwelling structure, two dwelling structures, a cafeteria and a parking lot. It is the parking lot property upon which the proposed structure is to built. Ordinance 00-29 was approved subject to the following conditions: 1. The facilities shall be maintained and such records of the facility shall be available for inspection by employees of the City from 8 a.m. to 5 p.m., Monday through Friday. 2. House rules shall be adopted, reduced to writing and readily available. House rules must include a minimum of curfew based on a normal 10:00 p.m. curfew Sunday-Thursday and a 12:00 a.m. curfew Friday-Saturday which may be amended to fit special circumstances of residents. Penalty for curfew violations shall be limited to a fine or other appropriate punishment. In no event shall residents be locked out of the facility for a curfew violation. House rules shall also prohibit residents from soliciting things of value from residents of Beaumont. 3. The facility shall never have more than twenty-seven (27) overnight residents. 4. The facility shall provide twenty-four (24) hour adult supervision by persons who have received training in such supervisory functions. STAFF REPORT continued 5. Provide a six (6) foot tall screening fence along the north side of the property at 2509-11 Cable and 1130 Cottonwood and plant shrubs on all four (4) sides of the parking lot. The new building will be a one story metal structure with 8,000 sq. ft. It will accommodate an additional 68 client beds, restrooms, a house monitor=s bedroom, four offices and TV room. The HOW Center is requesting that it be allowed to house up to 100 men. The proposed expansion is in direct violation of Ord. 00-29. This major expansion could directly affect the quality of life in the surrounding neighborhood. The HOW Center was awarded $40,000 of CDBG funds to renovate two existing dormitories, which they did, but received no funds as of yet for this proposed project. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 44 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 1-3, Block 40, North Addition, City of Beaumont, Jefferson County, Texas, containing 0.48 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 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 ANALYSIS continued This application is in conformance with five of the eight conditions necessary for approval. Comments on Conditions 1, 4 and 7 follow: 1. In March, 2000, the City Council approved a specific use for the HOW Center and specifically limited the number of client beds to 27. The current application is requesting an expansion of 68 beds. HOW Center is asking to be able to accommodate up to 100 men. The addition of these extra beds could have a detrimental effect on the surrounding neighborhood. 4. The Transportation Engineer has denied the request based upon the lack of parking for the facility. Ten parking spaces are provided on the site plan. A total of 44 parking spaces plus 2 ADA parking spaces are required. 7. In 2000, the original specific use permit was granted subject to the construction of a 6' tall screen fence along the north side of the property at 2509-11 Cable and 1130 Cottonwood and subject to the planting of shrubs on all four sides of the parking lot. The proposed site plan shows the construction of an 8' tall wood privacy along the north and east property lines. The Zoning Ordinance also requires a 10' wide landscape strip with trees planted every 25' along the north property line. In addition, the parking lot frontage along Cottonwood would require a 6' wide landscape strip along with the necessary interior landscaped islands. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: HOW Center Inc. PROPERTY OWNER: Same LOCATION: 1096 Cottonwood EXISTING ZONING: RM-H (Residential Multiple Family Dwelling-High Density) District PROPERTY SIZE: 0.48 acres, more or less EXISTING LAND USES: Parking lot FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain GENERAL INFORMATION/PUBLIC UTILITIES continued SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RM-H (Residential Multiple Family Dwelling-High Density) District EAST: Residential GC-MD (General Commercial-Multiple Family Dwelling) District SOUTH: Residential RM-H WEST: HOW Center RM-H COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: Cable Avenue - Local street with a 60' wide right-of-way and a 30' pavement width; Cottonwood Avenue - Local street with a 60' wide right-of-way with a 16' pavement width DRAINAGE: Cable - Curb and gutter Cottonwood - open ditch WATER: 2" and 6" water lines SANITARY SEWER SERVICE: 6" and 8" sanitary sewer lines PROPERTY OWNERS BARRY RICK M BRUNO GEORGE BRYANT LOUIS CALLAS JAMES R CASTILLE LAWRENCE E SR CLOUCHE DELIA CORMIER DWIGHT & TALITHA DAVIS BENDY EUBANKS GERALD E ET UX FOWLER CLEON FOWLER CLEON WILLARD FREGIA JULIE FREGIA SAMUEL J JR GENTRY REGINALD K ET AL GOODMAN SHARON S GORRELL VERLIE PROPERTY OWNERS continued GORRELL WILLIAM C GROGAN KELLY SR ET UX H O W CENTER HUNT BRIDGETT JAMES OLIVER V JAMES OLIVER V SR LAFLEUR LOUERTA & WILLIE T LAFLEUR WILLIE T LARA JUAN ANTONIO & BACILIA LEMELL HERMAN LEE JR MAYFIELD MICHAEL RONNIE MCFARLAND CATHERINE A PAUL MAE PEARL ROBINSON E JOHN RUBEN MORRIS J JR SMITH SADIE SMITH SADIE RAY SOUTH EAST TEXAS MINI MARKETS INC SOUTHEAST TEXAS COMMUNITY DEVELOPMENT CORP INC SPIKES CALVIN WEBER FRANCIS ESTATE WILSON ELLA L ESTATE