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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