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HomeMy WebLinkAbout1718-PDATE: June 21, 2004 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager W SUBJECT: Consider a request for a specific use permit to allow a rooming house in an RM-H (Residential Multiple Family Dwelling -Highest Density) District, FILE: 1718-P STAFF REPORT The Planning Manager recommends approval of this request. Betty Tucker and Tom Clark, the property owners, wish to operate a rooming house at 2135 Victoria. The property is the former site of the Women and Children's Shelter. The Women and Children's shelter moved from this location approximately two years ago. On May 5, 2004, Planning Division staff contacted the property owner about a complaint received about a possible halfway house being run out of the subject property. Upon inspection by staff, it was determined that the property was being illegally used as a rooming house. A rooming house requires a specific use permit in a RM-11 District. The applicants state that the house has four bedrooms and two baths upstairs and five bedrooms and two baths downstairs. The garage apartment at the rear of the property has three bedrooms and one bath. They state further that the house was bought by the Junior League of Beaumont for the Women and Children's shelter. The YMBL built an addition onto the right side of the house adding three bedrooms and one bath. The Planning Manager recommends approval based on the property's previous use. The Planning Manager feels that this area is a viable, basically stable, historically significant neighborhood. Under normal circumstances, the introduction of a rooming house into such a neighborhood might prove detrimental. However, due to the fact that the house has been modified in the past to allow for the housing of a large number of individuals, it is doubtful that the property could be used for anything else without major modification. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 17 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 9 and the south 1/2of Lot 10, Block 10, Ogden Addition, City of Beaumont, Jefferson County, Texas, containing 0.261 acres, more or less. 2131-35 Victoria Avenue Beaumont, TX 77707 Site Plan Formerly the S.E.T. Battered Women's Shelter Owned and operated by Family Services, Inc. Janet Walker, executive director Boundaries of the area are covered by the site plan. Entrance, exits and fire escapes are noted. Buildings include a two story house plus a large garage with apartment above. Upstairs - four bedroom and two baths Downstairs - five bedrooms and two baths Garage apartment - three bedrooms and one bath. Original house built in 1920's. House bought by the Junior League of Beaumont for the Battered Women's Shelter. An addition built by the YMBL on the right side of the house added three bedrooms and one bath. The Shelter occupied this house until about two years ago. Drainage - typical city drainage, not prone to flooding. Another significant natural feature is a huge pecan tree in the rear. Landscaping - nothing new planned other than seasonal annual plantings. Have a large garden in back of the house planted by Master Gardner Jenny Neichoy and her helper Andy who also do the garden at Some Other Place. Back yard entirely fenced by wood panels. Curb cuts - No new curb cuts. One driveway in good condition. Room to park four cars in rear of house. Pedestrian side walk in front of the house. .Lights are one front porch and at the entrance of the garage apartment in the rear. Flood lights? Outside trash facilities to be built. Currently have three garbage cans. Fence - wood slat fence around back yard with closeable gate over drive way. Proposed signs - None Nuisance prevention measures - In cooperation with neighbors we hope to provide a safe environment for our resident. All smoking is done outside. No drugs are allowed other than prescription drugs. Primary rule is that you may stay here as long as you don't bother anybody. That covers a multitude of sins. Proposed uses: rooming house that is safe, warm. in winter and cool in summer, and cleaned and exterminated regularly. Share the baths and clean up after self. Kitchen is shared and also cleaned up by whoever uses it, so it ready for the next tenant. Free washer and dryer are available in the Gar garage. A pay telephone is in the kitchen. Every room is cable ready and free basic cable is provided. Except for a few pieces, the furniture has all been donated. Owner maintains the public rooms. Tenants are paid for services performed such as mowing the grass, painting and tending the garden. This is an all adult facility., Currently we have five women (three white and two black), nine men (2 white, 2 Hispanic, 5 black. Residents Include: one with a military disability as he was wounded in Afghanistan; one with only one eye as the other was shot out in a drive -by shooting when he was four years old; one who is on kidney dialysis, two who are members of T.A.N. Several have social workers assigned to their cases. B. J - retired teacher and social worker. Director of the Battered Women's Shelter for about 6 1/2 years. Very familiar with this house and the neighborhood. . Tom - retired insurance salesman, retired tennis coach. Beaumont native, but lived in Portland, Oregon, for about 50 years. Owns a rooming house in Portland similar to this house. Currently has population of eleven. Some residents have been there nine and ten years! Local personal references: Tom Lamb Terrell (Butch) Franklin Janet Walker Theresa Games Janet Neichoy Dr. Kay Abernathy Paula O'Neal Rev. Patrick Gahan F LE 1711 ReLsidenti Vf pit - $ EASY 00 14 zl , . ' -j EMMA ST. JV 14• Li LYLE ST. % 47 C- N SURVEY LEGEND —E—E— ELECTRIC LINE CONCR)Irg SURFACE pA. C. AIR CONDIrIONING uNir WOOD PENCE —PL—Pt— PIPELINE E2Z COVERED AREA • P.P. POWER POLE CIMIN LINK FENCE —r—r— TELEPHONE LINE F-71 ROCK OR GRAVEL SrRunicur —X— BARBED WIRE PENCE CLIENT: BETTY JO 1:U-CM CF#: _-,2Q032552 Pq SCALE: I- = 30' FRAME GARAGE ON SLAB WOOD FENCE O O 03 LOT NOW OR FORMERLY CLERK FILE # 02002033965 JCRPR MLK PARKWA Y P. P. E SOUTH 78.49 (CALLED SOUTH 75.00') WOOD PENCE — I STAIRS TWO STORY FRAME GARAGE ON SLAB OVERHEAD ELECTRIC CONC DRIVE CONC METAL STAIRS 19,40 f Po� Z. go* 0 A.C. 20, to* 2. oo* rwo sropy FRAME 200' RESIDENCE ON PIERS AND SLAB 10 4)1$0 vi I So 32.$0' LOT 9 CONC WALK P. P. — E — FOUND 318' IRON ROD 112 OF ADANDONED 20' ALLEY I RESERVED AS Ulyttry EASEMENT L — N cj k1) a WOOD FENCE NORTH 75.8 1' I FOUND 318' FOUND 318- J (CALLED NORTH 75.00-) IRON ROD (CAPPED) /RON PIPE L.P. 2131 & 2135 VICTORIA STREET (60 R. 0. W.) DESCRIPTION OF SERVICES. LOCATE CORNERS AND SHOW IMPROVEMENTS SURVEYOR'S CERTIFICATION: I do hereby certify, to the best of my knowledge and belief, that this is an accurate plat of a survey made on the ground, under my supervision, showing all improvements and any visible encroachments, as of _ NOV. 6, 2003 The above tract being located at 21,31 & 2135VICTORIA STRFET. BEAUMONT, TEXAS 77701 and being described as LOT 9 ANDIRE SOUTH-H-ALF QF LOT 10, IN ROCK —10, OF OCDEN ADDITION as recorded in Volume---!?.— . Page 81 of the AIAP Records of --,1EfMSON County, 7*ezas. In accordance with the Flood Insurance Rate Map of the Federal Em Management Agency, map reference shown, the subject in ee"Jee ed by scale. Actual field ;ou-ftl determined, tract ties in the flood zone noted, Location an map urns , doe not w I 1� unless requested FAusr Engineering and Surveying, Inc bSc 'b to cur of said map. qcy or scale ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE) 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; 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; 3. That adequate utilities, access roads, drainage and other necessary Supporting facilities have been or will be provided; 4, 'rhe 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; 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and 8. That the proposed use is in accordance with the Comprehensive Plan. Application is in Compliance mm x x Application is not in Comments Compliance Attached ma ANALYSIS continued This application is in conformance with all eight conditions necessary for approval. Comments on Conditions I and 4 follow: I The property was used as the Women and Children's Shelter for a number of years. To accommodate the shelter, major modifications were made to the structure that would require major expense to convert back to single family residential. If the property were not used for the proposed use, it is questionable whether the property would be used or allowed to deteriorate. The property could be used as Multiple family by right. 4. The Traffic Manager states that there are enough spaces for ten vehicles. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Betty Tucker and Toni Clark PROPERTY OWNER: Same LOCATION: 2135 Victoria EXISTING ZONING: RM-H (Residential Multiple Family Dwelling - Highest Density) District PROPERTY SIZE: 0.261 acres, more or less EXISTING LAND USES: Former Women and Children's Shelter FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RM-11 (Residential Multiple Family Dwelling -Highest Density) District EAST: MLK Parkway RM-H SOUTH: Residential RM-11 wEsT: Residential RM-H COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None GENERAL INFORMATION/PUBLIC UTILITIES continued STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: ADEQUACY OF SERVICE: Victoria Street - local street with a 60' wide right-of-way and a 27'pavement width Curb and gutter 2" water line V sanitary sewer line Fire protection is provided by Station # 1, 747 College. Services are adequate.