HomeMy WebLinkAbout1497-PDATE: May 12,2003
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
"IN
SUBJECT: Consider a request for 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
FILE: 1497-P
STAFF REPORT
The Planning Manager recommends approval of this request.
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 eight (8) conditions. (See Attachment F)
See. 30-26(h) of the Zoning Ordinance allows the 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.
The City of Beaumont Police Department and Health Department have made numerous calls
and inspections at the Youth Rescue Mission. A record of these calls and inspections since
January, 2002 are included as Attachments "A" and "B". These reports show numerous
criminal activities and health violations occurring on the property.
On September 28, 2000, the Planning Manager notified Ms. Davis of an alleged violation of
the specific use pen -nit. (See Attachment C)
Since August 22, 2002, the Planning Manager has made four inspections of the Youth Rescue
Mission. On April 10, 2003, the Planning Manager, two police officers, the Fire Marshall's
office and an Entergy employee made an inspection of the Youth Rescue Mission and found
the following violations of City Ordinance 00-26:
Single men not related by blood or marriage to the women and children residing in the
facility have been allowed to reside there.
STAFF REPORT continued
2. Facility is not in compliance with all the codes of the City of Beaumont; specifically,
the Fire Code, Electrical Code and the Building Code. (See Attachments "U'and "E")
On April 16, 2003, Delores Davis, owner of the Youth Rescue Mission, was hand -delivered a
letter notifying her of the violations of the specific use permit and of a hearing to consider the
revocation of the specific use permit. (See Attachment G)
Exhibits are attached.
Attachment "A"
- City of Beaumont Police calls to 1930 Franklin since January, 2002
Attachment "B"
- City of Beaumont Health Department inspections since January, 2002
Attachment "C"
- Planner Manager's letter dated September 28, 2000
Attachment "D"
- Planning Manager's memo dated March 3, 2003
Attachment "E"
- Planning Manager's memo dated April 11, 2003
Attachment "F"
- City Ordinance 00-26 granting specific use permit for 1930 Franklin
Attachment "G"
- Planning Manager's letter dated April 16, 2003
PUBLIC NOTIFICATION
Notices mailed to property owners 14
Responses in Favor . Responses in Opposition
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lots 4-6, Block 24, Blanchette I Addition, City of Beaumont, Jefferson County, Texas,
containing 0.48 acres, more or less.
R,
FILE 1497-P: Consider revocation of a specific use permit to allow a residential care
NORTH
facility (Youth Rescue Mission) in an RM-H (Residential Multiple Family Dwelling -
Highest Density) District.
Location: 1930 Franklin Street SCALE T
Applicant: City of Beaumont 11'=20p'
r , t 100
UBJECT
ROYAL ST.
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city, of ■
September 28, 2000
PD 535/00
Ms. Delores Davis
Youth Rescue Mission
1930 Franklin
Beaumont, Texas 77701
RE: Male Residents
Dear Delores:
It was brought to my attention by the Police Department and Crime Stoppers that as of
September 25, 2000, there were three (3) single men living at the Youth Rescue Mission at 1930
Franklin. The names of two (2) of these men were Houston Tatum, Jr. and Sylvester Shemil.
May I remind you that one of the conditions for approval of the Specific Use Permit for this
facility was that "only women and children may be admitted as residents and allowed to remain
overnight in the facility, except in instances of a family unit." Another condition states that
"persons with convictions for crimes involving violence shall not be admitted as residents of the
facility."
Please be informed that violation of either of these or any of the other conditions approved could
result in revocation of your Specific Use Permit by City Council. The City recognizes the
service that you are providing to the community and hopes that this current is quickly resolved
and does not occur again.
Thank you for your assistance in this matter.
Sincerely,
Stephen C. Richardson, AICP
Planning Manager
Planning Division • (409) 880-3764 • Fax (409) 880-3133
P.O. Box 3827 9 Beaumont, Texas 77704-3827
111,111 11111 111111, 111 �iii' jr-i� ir-� 11
A % AL VU
OF BEAUMONT
PUBLIC WORKS
March 3, 2003
PD 122/03
TO: Tom Warner, Public Works Director
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Youth Rescue Mission
I met with Delores Davis today to discuss what I had found during my various visits to the Youth
Rescue Mission at 1930 Franklin.
I told her that I had found the following:
8/22/02 am.
A police officer and I went to the Youth Rescue to investigate alleged drug activity. I spoke with a
staff person on duty and he assured me that no drug activity was going on at the site. None was
observed at the time of the visit, When we drove up I did notice a number of men standing around
the property. I asked the staff person if there were any single men living at the facility. He informed
me that there were four single men living there at the time, I told him that single men, without
children, who lived at the facility were in violation of the ordinance and that they should all leave
immediately.
1/28/03 am.
I made a surprise inspection at the Youth Rescue Mission to see if single men were living at the
facility. Delores Davis was not there. As I was leaving, one of the tenants came up to me and stated
that unmarried men continue to live at the facility.
2/17/03 6:00 p.m.
A police officer and I went to the Youth Rescue Mission to again investigate alleged violations of the
City Ordinance, The officer and I found three unmarried men (one of those living there with his
d k al
fianed). There appeared to be no supervisor on duty. The o i dirun a-c-hecon one me -
resident living there, Robert Eugene Prater, xvho stated that he was single. It was found he had a
police record (criminal mischief, trespassing and disorderly conduct) and a birthdate of 12-18-82.
That night, I spoke with Ms. Davis on the phone and told her we needed to get together and talk.
Upon discussing my findings with her, she made the following comments:
I Ms. Davis stated that on the night of 2/17/03, "Roy", the gentleman who called her while we
were there, was in fact the supervisor on -duty,
2. Ms. Davis acknowledged that Robert Eugene Prater was 20 years old and single. She stated
that the Salvation Army brought him over to the Youth Rescue Mission.
3. Ms. Davis stated that she started out as a rescue mission for voting people. The age limits that
she set for youth who could reside at the mission are 17-25 years.
4. Ms. Davis stated that it was the City of Beaumont that placed the women/men with children
requirement on her.
5. Ms, Davis stated that there were two older single men living at the mission full-time who did
the cooking and cleaning for the facility.
6. Ms. Davis stated that she would continue to accept both young men and women between the
ages of 17 and 25.
Ms. Davis said that the City should be helping her instead of trying to shut her down. I informed her
of the application process for CDBG and introduced her to Janett Blunt.
At the conclusion of the meeting, Ms. Davis informed me that she would do all she had to do in order
to keep accepting 17-25 year olds. I told Ms. Davis that I had a responsibility to respond to citizen
complaints and would be reporting.our conversation and my findings to my supervisors.
I would be happy to discuss this matter with you.
r WIOOMMEF, 4
Attachments
W 10 W01 UANIKI 1, 4
V�
A
April 11, 2003
TO: Kyle Hayes, City Manager
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Youth Rescue Mission
I met with Police Officers Burke and Talley last night, April 10, 2003 at 10:00 p.m. to investigate the
Youth Rescue Mission.
The following was found:
1. Earlier, I had been informed by Entergy that the Youth Rescue Mission's electricity had been
cut off on March 26, 2003, When we arrived on the scene, the electricity was on. One of the
officers called Entergy, An Entergy employee was dispatched and found that the meter had
been hot-wired. At about 11:00 p.m., the electricity was again cut off and a lock was put on
the meter.
The officers also called the Fire Marshall's office due to a concern over the hot-wiring of the
electrical meter. Ranson Jones came out to make an inspection of the property. Delores Davis
was issued a ticket for a life safety issue - a locked exit door.
Mr. Eric Jones stated that he was the supervisor for the night. Mr. Jones was on the list of
clients for the night. I did not ask him if he had received training in supervisory functions.
4. An inspection of the client records for April 8-10, 2003 showed that eight (8) single men were
living at the shelter. These men did not have a child with them. This is in direct violation of
the specific use permit, City Ordinance 00-26. 1 was informed that several of these men cook,
supervise or do general maintenance for the facility. These men appeared to run in ages from
their late teens/early twenties to their late fifties/mid sixties.
When running checks on some of the clients, the officers found that a Mr. Watson had a
warrant out for his arrest for a traffic ticket. While searching this person, the officers noted
alcohol on his breath and an apparatus for cleaning crack pipes was found on him. No drugs
were found on Mr. Watson and he was not witnessed drinking alcohol beverages. The Youth
Rescue Mission House Rules state that no alcohol, drugs, etc. shall be allowed in the Mission
at anv time. Citv Ordinance 00-26 does not address this issue. The ordinance also states that
no one with convictions for crimes involving violence shall be admitted as residents of the
facility. Mr. Watson's current charge was obviously of a non-violent nature.
6. Mr. Roy McDonald, the cook, told me that each client pays Delores Davis $200,00 dollars a
month to stay at the Youth Rescue Mission.
As stated in a previous memo, during inspections made on 8/22/02, 1/28/03 and 2/17/03, 1 was
informed or investigation found that single men with no children were living at the facility. This
violation of the City ordinance has obviously been going on for some time,
Also, as previously stated. Ms. Davis told me that she would continue to accept both young men and
women between the ages of 17 and 25.
' L�hen C. Richardson
ea "E p�
Encl.
cc: Tom Warner, Public Works Director
Lane Nichols, City Attorney
Tyrone Cooper, First Assistant City Attorney
LBDINANCE NO-__.. 0 TTALC"H M ENT F
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY
(YOUTH RESCUE MISSION) IN AN RM-H (RESIDENTIAL
MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT
1930 FRANKLIN STREET, IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific use
permit to the Youth Rescue Mission, to allow a residential care facility in an RM-H
(Residential Multiple Family Dwelling) District located at 1930 Franklin Street, being Lots
4-6, Block 24, Blanchette 1 Addition, City of Beaumont, Jefferson County, Texas,
containing 0.48 acres, more or less as shown on Exhibit "A" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described conditions;
CITY OF BEAUMONT:
Section 1.
That all conditions necessary for issuance of a specific use permit have been met
and a specific use permit to allow a residential rare facility in an RM-H (Residential
Multiple Family Dwelling) District located at 1930 Franklin Street, being Lots 4-6, Block 24,
Blanchette 1 Addition, City of Beaumont, Jefferson County, Texas, containing 0.48 aces,
more or less as shown on Exhibit "A" attached hereto, is hereby granted to the Youth
Rescue Mission, its legal representatives, successors and assigns for that certain tract as
described in Exhibit "A" attached hereto and made a part hereof for all purposes.
GACARWORDINANMSPECUSEDOC
---Sdcti6n 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes; and the following conditions:
a. The facilities shall maintain records including but not limited to the Articles
of Incorporation of the entity, its bylaws and minutes of meetings of its Board
of Directors and these records and the facility shall be available for
inspection by employees of the City from 8:00 am to 5:00 pm Monday
through Friday.
b. Persons with convictions for crimes involving violence shall not be admitted
as residents of the facility,
c. Only women and children and males who are related by blood or marriage
to the women and children residing in the shelter may be admitted as
residents and allowed to remain overnight in the facility.
d. The facility shall provide twenty-four (24) hour adult supervision by persons
who have received training in such supervisory functions.
e. House rules shall be -adopted, reduced to writing and readily available.
House rules must include at a minimum of curfew based on a 9:00 pm time
limit 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.
f. The facility shall never have more than forty-two (42) overnight residents.
g. The facility shall be in compliance with all the codes of the City of Beaumont
on or after April 22, 2000.
h. The facility shall be under the control of the Board of Directors, not more
than one of which is a paid employee of the facility. The Board of Directors
shall be composed of not fewer than three (3) members.
GACAR0L\0R1>1NAN=PECUSE.D0C
. ... .. ....... ..
Section 3,
Notwithstanding the site plan attached hereto, the use of the property hereinabove
described shall be in all other respects subject to all of the applicable regulations
contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of
M .2000,
- Mayor -
Pro Tem
Guy N. Goodson
GACAROOORDINMCISPECUSEDOC
GACAR0L%0R0JNANC\SPECUSE.D0C
Youth Rescue Mission
c/o Dolores Davis
1930 Franklin Street
Beaumont, Texas 7770
IC-lity of Be-aum-0 ATTAC H M E N T G
April 16, 2003
ffmj.-F!Er w
Re: Notice of Possible Revocation of Specific Use Permit Issued at 1930 Franklin
Gentlemen:
An inspection of your facility at 1930 Franklin was made April 10, 2003, and violations
of the specific use permit granted to that facility were discovered. The violations are as
follows:
1. Single men not related by blood or marriage to the women and children residing in
the facility have been allowed to reside there.
2. Facility is not in compliance with all the codes of the City of Beaumont; specifically,
the Fire Code, Electrical Code and the Building Code.
Section 30-26(h) of the Code of Ordinances of the City of Beaumont provides that a
specific use permit may be revoked if one or more of the conditions imposed on the
permit has not been met or has been violated. This letter is notice that a hearing to
consider the revocation of your specific use permit granted March 21, 2001, will be held
at the Joint Public Hearing of the Planning and Zoning Commission and the City Council
at 3:15 pm., May 12, 2003, in the City Council Chambers, City Hall, 801 Main,
Beaumont, Texas. You may be present at such public hearing and participate by
presenting evidence concerning the specific allegations of violations of the specific use
permit as outlined in this letter.
Very truly yours,
Stephen �Richardson
Planning Manager
Planning Division • (409) 880-3764 • Fax (409) 880,3133
P. O. Box 3827 • Beaumont, Texas 77704.3827