Loading...
HomeMy WebLinkAbout5-12-03 PC MinutesMINUTES I REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL May 12,2003 City Council Chambers A Regular Meeting and Joint Public Hearings ofthe Planning Commission and City Council ,were held on May 12, 2003 with the following members present: Commission members present: Chairman Laurie Leister Vice -Chairman Greg Dykeman Commissioner Carlos Hernandez Commissioner Dale Hallmark Commissioner Glenn,Bodwin Commissioner Marty Craig Commissioner Walter Kyles Commissioner Lynda Kay Makin Commission members absent: Commissioner Dohn LaBiche Councilmembers present: Mayor Evelyn Lord Mayor Pro -Tern Lulu Smith Councilman -at -Large Andrew Cokinos Councilmember-at-Large Becky Ames Councilperson Nancy Beaulieu Councilman Audwin Samuel Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner; Tom Warner, Public Works Director; Don Burrell, Building Official; Jack Maddox, Fire Marshall; Police Officer Tony Barker; Sandra Girard, Health Department; Kyle Hayes, City Manager APPROVAL OF THE MINUTES Commissioner Bodwin made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held April 21, 2003. Commissioner Craig seconded the motion. Motion to approve carried 7:0. Planning Commission May 12,2003 REGULAR MEETING 1) File 649-OB: Request to abandon a 140' portion of 14'h Street from the north right- of-way line of Pecos Street 140' north to the existing south line of the existing alley. Applicant: Mark Whiteley& Associates, Inc. for Sam C. Parigi, Jr. and Entergy, Inc. Mr. Richardson stated that the requested abandonment of a 60'x 140' portion of 14' Street is between Pecos and the alley in Block 29, Van Wormer 2" Addition. The right-of-way is unimproved. The properties on either side of this request are owned by Sam Parigi and Entergy. This request was sent to all interested parties and no objections were received. Mr. Richardson recommended approval of the request. Commissioner Craig made a motion to approve the abandonment of a 60'x 140' portion of 14' Street from the north right-of-way line of Pecos Street 140' north to the existing south line of the existing alley as requested in File 649-OB. Commissioner Hernandez seconded the motion. Motion to approve carried 7:0. 2) File 650-OB: Request to amend Article 11, Section 3 and Article 111, Section 3, Rules and Regulations, Planning Commission. Applicant: City of Beaumont Planning Division In April, the Planning Commission and City Council approved amending the Code of Ordinances to allow for the addition of three alternate members to the Planning Commission. The Rules and Regulations of the Planning Commission also need to be amended to designate a quorum as 5 regular and or alternate members. In addition, the Rules and Regulations need to be amended to designate the Planning Manager or his designee as Secretary of the Planning and Zoning Commission. Mr. Richardson recommended approval of the request. Chairman Leister asked if the alternate members Nvill be required to attend the meetings. Mr. Cooper said that the full complement of the board will remain at 9 members - regular or alternates. Mr. Richardson added that although the alternates are not required to attend, they are certainly welcome and encouraged to attend. K Planning Commission May 12,2003 Commissioner Hallmark made a motion to approve a request to amend Article II, Section 3 and Article III, Section 3, Rules and Regulations, Planning Commission as requested in File 650-OB. Commissioner Bodwin seconded the motion. Motion to approve carried 7:0. 3) Preliminary Plat - Fairfield Subdivision, Phase 1: Consider the Preliminary Plat of Fairfield Subdivision, Phase 1, Lots 1-20, Block I and Lots 1-22, Block 2 out of the H. Williams Survey, Abs. No. 56. Applicant: Carroll & Blackman, Inc. Phase I of Fairfield consists of 42 single family residential lots off of Major Drive. This plat was sent to all interested parties. Mr. Richardson recommended approval subject to the following conditions: 1) On both the preliminary plat and the drainage plan, put the note stating, "All lots shall be graded to drain to streets. Lots shall not drain onto adjacent lots before and after structures are built." (Engineering) 2) The name Fairfield Avenue must be changed. There is already another street named Fairfield. (Planning) Chairman Leister asked for the applicant's comments. Joe Pattic with Carroll & Blackman, Inc., the applicant stated that the two conditions have already been addressed. Commissioner Craig made a motion to approve the Preliminary Plat of Fairfield Subdivision, Phase 1, Lots 1-20, Block I and Lots 1-22, Block 2 out of the H. Williams Survey, Abs. No. 56, subject to: 1) On both the preliminary plat and the drainage plan, put the note stating, "All lots shall be graded to drain to streets. Lots shall not drain onto adjacent lots before and after structures are built." (Engineering) and 2) The name Fairfield Avenue must be changed. There is already another street named Fairfield. (Planning). Commissioner Kyles seconded the motion. Motion to approve carried 7:0. 4) Preliminary Plat - Pine Glen Subdivision, Fourth Addition, Phase Two: Consider the Preliminary Plat of Pine Glen Subdivision, Fourth Addition, Phase Two, Lots 1-17, Block 2, Lots 1-17, Block 3, Lots 8-12, Block 4 out of the D. Easley League, Ab. No. 20. Applicant: Schaumburg & Polk, Inc. Phase Two of Pine Glen Subdivision, Fourth Addition consists of 39 single family residential lots south of Tolivar Road. 9 Planning Commission May 12. 2003 This plat was sent to all interested parties. DD#6 is requiring that the easements that DD#6 ditch 1004-C is being extended in be widened to 75 feet. Construction plans for this channel will need DD#6 approval. Mr. Richardson recommended approval of the plat subject to DD#6's requirements and the following conditions: 1. Add a note to read "All lots shall be graded to drain to streets. Lots shall not drain onto adjacent lots before and after structures are built." (Engineering) 2. Relocate the street lights as follows: - near the northeast corner of Lot 1, Block 3 - between Lots 3 and 4, Block 2 - between Lots 6 and 7, Block 2 - between Lots 10 and 11, Block 3 - between Lots 14 and 15, Block 2 - between Lots 9 and 10, Block 4 (Traffic Manager) Chairman Leister asked for the applicant's comments. Troy Whitehead with Schaumburg and Polk, Inc. addressed the Commission and stated that they are aware of the DD#6 requirements and will be addressed. Commissioner Bodwin made a motion to approve the Preliminary Plat of Pine Glen Subdivision, Fourth Addition, Phase Two subject to DD#6's requirements and the following conditions: 1. Add a note to read "All lots shall be graded to drain to streets. Lots shall not drain onto adjacent lots before and after structures are built." (Engineering) 2. Relocate the street lights as follows: - near the northeast corner of Lot 1, Block 3 - between Lots 3 and 4, Block 2 - between Lots 6 and 7, Block 2 - between Lots 10 and 11, Block 3 - between Lots 14 and 15, Block 2 - between Lots 9 and 10, Block 4 (Traffic Manager) Commissioner Hallmark seconded the motion. Motion to approve carried 7:0. JOINT PUBLIC HEARINGS Mayor Lord called the Joint Public Hearings of May 12, 2003 to order and explained the purpose of the joint hearing process and then turned the meeting over to. Chairman Leister. She explained the policies and procedures for the hearing process. 4 Planning Commission May 12,2003 File 166 1 -P: Request for a specific use permit to allow the expansion of an existing transitional treatment center (halfway house) for offenders. Location: 2495 Gulf Street Applicant: Thomas Sibley for Correctional Systems, Inc. Tom Sibley, the applicant, is requesting an expansion of the Correctional Systems, Inc. facility at 2495 Gulf. CSI has acquired the former church property at 2435 Gulf located adjacent to the existing facility. The company states that it would like to modify that structure or build a new one for use as new administrative offices and a dining hall. It would then convert its present administrative building into office space for case managers, counselors and a conference room. The existing dining hall building would then be converted into a series of rooms available to tenants for group therapy, education, church services and bible study. Mr. Richardson recommended approval of the request subject to providing 33 parking spaces as required by the Traffic Manager. 26 notices were mailed to property owners within 200 feet. One response in favor and none in opposition were received. Mr. Richardson said that a petition was submitted to him before the meeting containing 181 names in opposition to the request. Chairman Leister opened the public hearing and asked for the applicant's comments. Tom Sibley, the applicant, addressed the Commission. Mr. Sibley reminded the Commission that CSI came before the Commission and Council I I months ago for this same type of application, except at that time they had purchased the church but they wanted to convert it to an administrative office and dining hall and then increase the dormitory space for the residents. CSI has since made other plans and submitted an amended request stating that they are not going to increase the capacity, but want to convert the church building into an administrative building and dining hall and then the existing administrative building and dining hall will be converted into rooms for counseling and bible study. In response to Commissioner Craig, Mr. Sibley confirmed once again that the number of residents will not be increased. Chairman Leister asked for comments in favor or in opposition. Roma Roberts, 2063 Cable, addressed the Commission in favor of the request. W. Preston Shaw, 4630 Corley, addressed the Commission in opposition to the request. Hubert McCray, 3825 Acorn Circuit, spoke in opposition to the request. Planning Commission May 12,2003 Tim Chargois, 1750 E. Lucas, spoke in opposition to the request. Mr. Chargois is Lucas Elementary School Principal. Paula Moore, 3015 S. Willowood Lane, spoke in opposition to the request. Mary Alice Lee, 2345 Brickyard, spoke in opposition to the request. Ms. Lee is President of the Brickyard Neighborhood Association. Willie Ford, Jr., 165 E. Plum Street, spoke in favor of the request. Rebuttal by Ted Blanchard, Facility Director of CSI. Rebuttal by Mr. Sibley. Mr. Sibley stated that CSI is licensed for 180 beds and will not increase that number. The public hearing was closed. Comments from the Council and Commission followed. Commissioner Craig made a motion to approve a specific use permit to allow the expansion of an existing transitional treatment center (halfway house) for offenders at 2495 Gulf Street as requested in File 1661-P, subject to providing 33 parking spaces as required by the Traffic Manager. Commissioner Hernandez seconded the motion. Motion to approve carried 6:2 (Dykeman, Bodwin). 2) File 1667-Z/P: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) and GC -MD (General Commercial -Multiple Family Dwelling) to LI (Light Industrial) District and a specific use permit to allow a farm equipment and machinery manufacturing facility. Location: Approximately between Irving and St. Anthony and between McGovern and Schwamer Applicant: Modem, Inc. Mr. Richardson stated that the subject property was located in the Charlton -Pollard neighborhood. Modem has been located on Irving and Tilson for approximately 42 years. The company manufactures tractor powered implements and other metal products. The plant on Irving extends west to Tilson and St. Anthony and from Schwamer to McGovern and contains just over three acres of land. The plant is currently a non -conforming use. For the use to be conforming, the property must be industrially zoned. Rezoning the property to LI could constitute spot zoning. The issues outlined in the staff report must be considered by the 0 Planning Commission May 12, 2003 Planning Commission and City Council before a determination of spot zoning can be made. The City recognizes that Modem is a good corporate citizen and is a valuable income source for the neighborhood. However, the Planning Commission and City Council must consider what impact an expansion will have on the surrounding area and if the zone change complies with the long-range goals for the neighborhood. Mr. Richardson recommended denial of the request and pointed out that if this rezoning and specific use permit are denied then the properties zoned RM-H and the GC -MD property at the comer of Schwamer and In-ing must be in compliance with those districts. Sixty-nine notices were mailed to property owners within 200 feet. No responses in favor or in opposition were received. Councilman Samuel asked Mr. Richardson to clarify spot zoning. Chairman Leister opened the public hearing and asked for the applicant's comments. Lloyd Koelmen of Modem, Inc., the applicant, addressed the Commission and answered questions regarding truck routes, number of employees, tanks, etc. Roderick Bluiett of Modem, Inc., the applicant, addressed the Commission. He said that he and Mr. Tubbs of Modem both went to the last meeting of the Charlton - Pollard Neighborhood Association. Chairman Leister asked for comments in favor or in opposition, Jim Chavis, addressed the Commission in opposition to the request on beha If of his parents who live at 810 Devilleneuve. Mr. Cbavis submitted a petition in opposition to the request with 53 names listed. John Gerard, 1030 Doucette, addressed the Commission in opposition to the request. Mr. Gerard owns property at 1800 Irving. Archie Gamble, 2388 St. Anthony, addressed the Commission in opposition to the request. Mr. Gamble submitted phot6s of Modem's property to the Commission. John DeJean, 585 Schwamer, addressed the Commission in opposition to the request. Reverend McKinley Jackson of Starlight Baptist Church at 1090 Buford spoke in opposition. F] Planning Commission May 12,2003 Oren Tubbs, General Manager of Modem, Inc., addressed some points of concern expressed by neighbors. Mrs. Cagle, 1820 Turon, addressed the Commission in opposition to the request. David Chavis addressed the Commission in opposition to the request. He was present on behalf of his parents who live at 810 Devilleneuve. Chairman Leister closed the public hearing. Rebuttal by Roderick Bluiett of Modem, Inc. Councilman Samuel stated that he attended a Charlton -Pollard Neighborhood Association meeting last month in which a quorum was not met, so no business was acted on. However, representatives from Modem were there and they attempted to address the concerns that had been presented. It was his understanding that there would be another meeting. Modem did state that their doors were open to anyone that had questions. He commented on the spot zoning issue. Discussion followed between the Commission, Council and staff. Commissioner Kyles made a motion to approve a zone change from RM-H and GC - MD to LI District and a specific use permit to allow a farm equipment and machinery manufacturing facility at property located approximately between Irving and St. Anthony and between McGovern and Schwamer as requested in File 1667- Z/P. Commissioner Hernandez seconded the motion. Motion to approve carried 6:2 (Hallmark, Bodwin). 3) File 1668-Z: Request for a zone change from A-R (Agricultural -Residential) to RS (Residential Single Family Dwelling) and GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: North of the Delaware Extension, south of DD#6 Detention Pond "A", west of Barrington Heights Addition, and east and north of Westchase Village Addition. Applicant: Carroll and Blackman, Inc. for Don Shaver, Roger Meek and Richard Guseman (Vice -Chairman Dykeman abstained from File 1668-Z.) Don Shaver, Roger Meek and Richard Guseman, the applicants are requesting zone changes for 185.7 acres of land north of the Delaware Extension and from west of Barrington Heights Subdivision to Major Drive. 154.39 acres are proposed to be rezoned to RS and 31.37 acres are proposed as GC-MD-2. Planning Commission May 12, 2003 The applicants justify their request for 31+ acres of GC-MD-2 by stating that the configuration of the proposed 80 acre DD#6 detention pond south of the Delaware Extension will make the depth of the frontage along the south side of that street not conducive for residential development. They suggest that the south side of Delaware will more than likely develop as commercial, thereby justifying commercial on the north side. Staff is concerned about the proliferation of commercial development along this section ofDelaware. The Comprehensive Plan designates major commercial nodes at the intersections of major streets. There is an activity node proposed at Delaware and Dowlen and then one at Major and Delaware. Staff feels that there are other options for the south side of Delaware, thereby negating the justification for the north side. Staff recommends approval of the RS and the 8.69 acre tract south of Barrington Heights and the tract south of the proposed school site to be rezoned to GC-MD-2. However, staff recommends that the remainder of the proposed GC-MD-2 be rezoned to RS. 19 notices were mailed to property owners within 200 feet. One response in favor and none in opposition were received. Chairman Leister opened the public hearing and asked for the applicant's comments. Richard Guseman addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Sam Parigi, 445 N. 14'h Street, addressed the Commission. Chairman Leister closed the public hearing. Commissioner Kyles made a motion to approve a zone change from A-R to RS and GC-MD-2 District for the property located north of the Delaware Extension, south of DD#6 Detention Pond "A", west of Barrington Heights Addition, and east and north of Westchase Village Addition as requested in File 1668-Z. Commissioner Hallmark seconded the motion. Motion to approve carried 6:1(Leister):l (Dykeman). 4) File 1669-Z: Request for a zone change from RCR (Residential Conservation and Revitalization) to GC -MD (General Commercial -Multiple Family Dwelling) District or a more restrictive district. Location: 2705 Concord Applicant: Mike's Enterprises 6 Planing Commission May 12,2003 Mike Aref, the property owner, is requesting this zone change so that he can use the property at 2705 Concord for commercial uses. The subject property is the site of a vacant convenience store. Staff has done a preliminary zoning study of the Concord Road area in anticipation of the improvements being made to Concord Road. This study calls for those properties with frontage along Concord in this area to be rezoned to GC -MD. Mr. Richardson recommended approval of the request. 16 notices were mailed to property owners within 200 feet. One notice in favor and none in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. The applicant was not present, but had been in attendance earlier. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. (Commissioner Bodwin left the meeting.) Commissioner Kyles made a motion to approve a zone change from RCR to GC - MD District for the property at 2705 Concord as requested in File 1669-Z. Commissioner Craig seconded the motion. Motion to approve carried 7:0. 5) File 1670-Z. Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) District or a more restrictive district. Location: 2900 block (even) of San Jacinto Street Applicant; George E. Parsons George Parsons, the applicant, is requesting this zone change for properties located in the 2900 block of San Jacinto. The property has been commercial for many years. There are 4 metal buildings fronting on S. 40' and there are 6 metal buildings sited on the east side of the block abutting San Jacinto. The reason for this request is the result of trying to get a building permit for 2930 San Jacinto. This request was denied because records showed that the building had been vacant for a year or more. Since the property is zoned RM-H, once the property's legal non -conforming use status is no longer valid, the property's use must revert back to one permitted in the RM•H district. H Planning Commission May 12,2003 Mr. Richardson recommended approval of the request. Twenty-one notices were mailed to property owners within 200 feet. No responses in favor or in opposition were received. Chairman Leister opened the public hearing and asked for the applicant's comments. (Commissioner Bodwin returned to the meeting.) George Parsons, the applicant and owner of Plastic Fabricating and Machining, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hallmark made a motion to approve a zone change from RM-H to GC -MD District for the property in the 2900 block (even) of San Jacinto Street as requested in File 1670-Z. Commissioner Hernandez seconded the motion. Motion to approve carried 8:0. 6) File 167 1 -P: Request for a specific use permit for an apartment complex in a GC- MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: East of Major Drive, north of Eagle's Landing Apartments Applicant: Ted Caffarel (Commissioner Hallmark left the meeting.) Delta Road Developers is requesting a specific use permit for the front 3.71 acres of a 9.86 acre tract of land on the east side of N. Major Drive. This property is located immediately north of Eagle's Landing Apartments. 144 market rate units are proposed within 18 two-story buildings. Most of the units will have 2 bedrooms and 2 baths. Mr. Richardson recommended approval of the request. Two notices were mailed to property owners within 200 feet. No responses in favor or in opposition were received. Chairman Leister opened the public hearing and asked for the applicant's comments. Ed Long with Arccneaux and Gates, Consulting Engineers, addressed the Commission. Planning Commission May 12, 2003 Chairman Leister asked for comments in favor or in opposition. (Commissioner Hallmark returned to the meeting.) Mr. Jacob with Leyendecker Management addressed the Commission. Leyendeckcr owns Eagle's Landing and Kingsgate Apartments. Worth Moffett, a partner of La -Tex Investors, addressed the Commission. Chuck Heidelberg, one of the applicants, addressed the Commission Chairman Leister closed the public hearing. Commissioner Hernandez made a motion to approve a specific use permit for an apartment complex in a GC-MD-2 District located east of Major Drive and north of Eagle's Landing Apartments as requested in File 1671-P. Commissioner Craig seconded the motion. Motion to approve carried 8:0, 7) File 1497-P: Consider the revocation of a specific use permit to allow a residential care facility (Youth Rescue Mission) in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 1930 Franklin Street Applicant: City of Beaumont (Commissioner Makin abstained from File 1497-P.) In March, 2000, the City Council approved a specific use permit for the Youth Rescue Mission to operate a residential care facility at 1930 Franklin, This specific use permit was approved subject to 8 conditions. Section 30-26 (h) of the Zoning Ordinance allows revocation or modification of a specific use permit, after notice and hearing, for either of the following reasons: 1. The specific use permit was obtained or extended by fraud or deception; or 2. That one or more of the conditions imposed by the permit has not been met or has been violated. Mr. Richardson stated that on February 17, 2003, the City Manager asked him to take a p olice o fficer and investigate t he Y outh R escue M ission. T his w as i n response to numerous complaints that Councilman Samuel had been receiving. He and Officer Barker found three unmarried men living at the facility. When asked who was the supervisor, they were told there was not one on site. On April, 10, 2003, Mr. Richardson met Officers Barker and Tolley at the Youth Rescue Mission to again check for possible violations. An inspection of client 12 Planning Commission May 12,2003 records for April 8-10 showed that 8 single men, with no children, were living at the facility. During this visit, Entergy and the Fire Marshall's office were called. The facility was cited for numerous building and fire code violations. In addition, for the year 2002 and through May 4, 2003, there have been 50 police calls to 1930 Franklin. Fourteen notices were mailed to property owners within 200 feet. No responses in favor or in opposition were received. Mr. Richardson introduced the following individuals who spoke on behalf of the City: Beaumont Police Officer Barker; Rachel Hebert, Fletcher Elementary Principal; Don Burrell, Building Official; Jack Maddox, Fire Marshall; Sandra Girard, Health Department. Officer Tony Barker of the Beaumont Police Department addressed the Commission. He has been covering the area where the Mission is located for five years. The Police Department answers numerous calls there and in a 12 month period, approximately 43 calls were documented. A copy of the call report was enclosed with the staff report. He asked the Commission and Council for their help with the Mission. Rachel Hebert, Fletcher Elementary Principal, addressed the Commission. Fletcher Elementary School is located across the street from the Mission. She voiced her concerns about the safety and welfare of the school children and asked the Commission and Council for help. Don Burrell, Building Official, addressed the Commission. He stated that Entergy disconnected the electricity at the Mission due to non-payment and before they will reconnect, they require City approval for codes. The City inspected on April 22 and found various electrical and building code violations. Mrs. Davis was contacted and informed of the violations and last week, she received approval and the electricity was restored. They still do not have the City's permission to be in the building because the Fire Department has not given their approval. Chief Jack Maddox, Fire Marshal for the City, addressed the Commission. He said he had been working with the Mission since September, 1995. Mrs. Davis didn't have permission to operate the facility at that point, but was preparing to operate. At that time, he found some serious electrical problems, plumbing problems and a number of people living in the house. It was decided that the people that were already there would be allowed to stay on the first floor and they would have to close off the second floor. Several meetings were held with Mrs. Davis over the period of time and beginning in January, 1996, inspections were made so that she could receive her certificate of occupancy for that location. Those inspections were not final or approved until May and at that time, she did receive her certificate of 13 Planning Commission May 12, 2003 occupancy, Since that time, occasional inspections are made and if any length of time has gone by, it seems that there are some serious violations that have to be dealt with. Given a period of time, Mrs. Davis will bring those violations up, but the City's interest is life safety. Many times the means of egress has been found locked. She has been advised personally that the doors cannot be locked. However, every time the City goes out there, it seems that someone else has locked them. During the April 10, 2003 inspection conducted by Mr. Richardson and the Police Department, an investigator from the Fire Department was called out. Once again, the exit door was locked and Mrs. Davis was cited for that violation. Also discovered was what is called a straight tap on the electric meter. Entergy had pulled the meter and someone intentionally rewired the meter so they could bypass it and get their electricity to operate the home. Entergy was called and the wires were cut. The next day, Mrs. Davis was informed that due to the fact that there was no electricity, no one could occupy the Mission. The fire alarm system was inoperable because of lack of electricity. The exit lights and emergency lights would not work and in addition, several other violations were found, Mrs. Davis was informed that until these deficiencies were corrected, until the electricity was turned back on and the fire alarm system which had some damage done to it was repaired and inspected, that she could not occupy that location. That night at 10 p.m., Mr. Maddox went to the Mission and there were still several people there, however, it appeared that they were preparing to leave, so he took no action. The next night, Mr. Maddox again went back at 10 p.m., and several adults and a small child were there. There was a mattress on the floor in t he d ining room area, everyone was downstairs and using flashlights to see. Mrs. Davis was advised that no one was supposed to be in the Mission and she said they were leaving that night. Charges were filed on Mrs. Davis the next morning for having people in the residence. She was able to turn the electricity back on last week and she has been informed that no one can be in the house until everything is inspected and she gets her reinspection for her certificate of occupancy. Sandra Girard, Chief Sanitarian with the Health Department, addressed the Commission. She stated that she has been inspecting the Mission since 1995. Within the last year, the permit to operate the kitchen has been suspended twice because there was no water and they were not able to wash dishes or use the toilets. The City's regulations require hot and cold running water to wash dishes and use the toilet. These complaints did not originate from the neighbors, but from the residents themselves. Mrs. Davis was advised not to use the kitchen at all, but the residents remained there. Chairman Leister opened the public hearing, Delores Davis, Director of the Youth Rescue Mission, addressed the Commission. Mrs. Davis said she had spoken with Officer Barker and told him to let her know if there were any problems with the residents, but he has never come into the Mission, nor has he addressed any complaints with her at any time. She added that 14 Planning Commission May 12,2003 she did report any and all cases of child abuse. Mrs. Davis introduced some of the residents that were present at the meeting. In reference to the single men that were reported to be at the Mission, she stated that they are a youth facility and persons under 25 are considered youth because the State recognizes persons under 25 as youth, Mrs. Davis answered questions from the Commission about funding sources, the Mission's Board of Directors and reported violations. Chairman Leister asked for comments in favor or in opposition. Roberto Flores, 2425 Buchanan, addressed the Commission in opposition to the request. Mr. Flores is the President of The Avenues Neighborhood Association. Dean Tucker, 2570 Laurel, addressed the Commission in favor of the request. Allen Lee addressed the Commission and asked them to table the request. Darrell Simpson, resident of the Mission, addressed the Commission in favor. He said he takes care of some of the maintenance. Eric Jones, night supervisor at the Mission, addressed the Commission in favor. Tina Toussaint Jones, resident of the Mission, addressed the Commission in favor. Robert Preston, 1190 Iowa, addressed the Commission and asked for action to be tabled, Delores Davis did state that there is a 9 p.m. curfew. None of the residents can leave the facility and the lights have to be off. Personal reading lights are allowed. Matthew Davis, Co -Director of the Youth Rescue Mission, addressed the Commission. He stated that all the violations have been corrected. In answer to Commissioner Bodwin, Mr. Davis said that there are currently 22 residents at the Mission. Ella Flores, 2425 Buchanan, addressed the Commission and said that the neighbors have never threatened the residents of the Mission as they have claimed. Chairman Leister closed the public hearing. Discussion and comments by City Council and Planning Commission followed. Commissioner Hallmark made a motion to approve the revocation of a specific use permit to allow a residential care facility (Youth Rescue Mission) at 1930 Franklin Street as requested in File 1497-P by the City of Beaumont. Commissioner Hernandez seconded the motion. 15 Planning Commission May 12,2003 Discussion between Commission members and at Commissioner Kyle's suggestion, Commissioner Hallmark amended his motion to state that pending revocation of a specific use permit to allow a residential care facility (Youth Rescue Mission) at 1930 Franklin Street as requested in File 1497-P by the City of Beaumont and that there be the option of re -application within 12 months provided that all standard requirements are met prior to re -application and with a waiver of the re -application fee. Commissioner Hernandez seconded the amendment to the motion. The motion to approve the revocation carried 7:0:1 (Makin). THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 7:28 P. M. Irel