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HomeMy WebLinkAbout1482-PDATE: November 15,1999 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a specific use permit to allow a residential care facility in an existing house at 1695 Milam Street in an RM-H (Residential Multiple Family Dwelling - Highest Density) District. FILE: 1482-P STAFF REPORT The Planning Manager recommends denial of the specific use permit because it fails to comply with four of the eight conditions necessary for approval, including the policies stated in the Comprehensive Plan. Also, this application is contrary to the objectives and goals set by The Avenues/College Street Area Neighborhood Plan. Mrs. Delores Davis of the House of Praise Deliverance Ministries, Inc. has made this request in order to house homeless and destitute persons, adults and children. A residential care facility, SIC Code 8361, which includes residential shelters for alcoholics and drug addicts, delinquents, offenders and homes for destitute men and women and the mentally handicapped, is a permitted use in the RM-H district, subject to the regulatory requirement of Special Condition 19. This condition requires that an applicant furnish documentation to the Building Official of the City describing the type of operation, proposed activities, site plans and a list of the licenses and grants the facility will operate under. In lieu of information submitted showing that the facility will be licensed, certified or accredited by an agency of the county, state or federal government prior to providing services, the City Council may consider and approve a specific use permit. Mrs. Davis allowed 26 homeless persons including children to occupy the house at 1695 Milam and Avenue "D" without following proper procedures. She did not receive a Certificate of Occupancy fi-orn the Building Official, Later, investigations by the Building Official, Fire Marshal and City Health Department officials revealed that the premise was in violation of several fire, building and health code ordinances and regulations. The City Council, after a public hearing held on October 15, 1999, found that the structure and use of the property was a public nuisance and ordered the house closed, pending correction of deficiencies. The 26 residents were offered temporary shelter by the Salvation At -my. Mrs. Davis also operates the "Youth Rescue Mission" at 1930 Franklin, three blocks southwest of the Milam residence. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 15 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Lots 31, 32 and 33, Block 3, Blanchette 1st Addition to the City of Beaumont, Jefferson County, Texas, containing 0.26 acres, more or less, III I qip� q qp� 04 1930 Franklin, P.O. Box 653, Beaumont, TX 77704 (409) 835-7912 September 30, 1999, Dear Members of the Planning Commission and City Council: The House of Praise Deliverance Ministries, Inc. is applying to the City of Beaumont for a Specific Use Permit for the property located at 1695 Milam Street. We plan to use the building as a temporary shelter for homeless families with children. We will offer shelter, food, clothing, counseling, and supervision for families who are temporarily homeless. Our proposed use of this property conforms with all eight conditions specified in Section 30-26 of the City of Beaumont's Zoning Ordinance: 1.) Renovating the house and providing temporary shelter for families with children is C:-M/p ille with and not injurious to other property in the area which includes C arches, single and multiple family residents and small businesses. Property values will not be adversely affected. 2.) Our use of this property will in no way impede any future development or improvement of surrounding vacant property. 3.) This building was used for many years as multiple family dwelling and it already possesses adequate utilities, access roads, drainage, etc. I 4.) As can be seen on the enclosed site plan, the design, location and arrangement of driveways and parking spaces provides for safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development. 5.) Nothing that we will be doing in this building will cause any offensive odors, -fumes, dust, noise or vibration. 6.) Directional lighting for the building and parldng area will be set up so as not to disturb or adversely affect neighboring properties, 7.) The property already has sufficient landscaping and is in harmony and compatible with adjacent property, 8) Our proposed use of this property does not conflict with the City's comprehensive plan. Your prompt attention to this matter will be greatly appreciated. Respectfully, kDelores Davis Director FILE 1482-P: Request for a specific use permit to allow a residential care facility in an NORTH existing structure in an RM-H (Residential Multiple Family Dwelling - High Density) I I District. A bo C7 14J I THE A VENUES / COLLEG- E S TREE T AREA LAND USE PLAN F-]Lo,,v Density RasideutW Mixed U5p- Residential Conunproial con nerd ElRe-Developutent Area Light Inittirl l Tynisportation h public Greelispace I parks Open Spap-e H.zjmtjojjltyeet Extexujoll Conidar fW1,11 MajorStreet 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. 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; 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, farnes, 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 Application is in is not in 00(yurients Compliance Compliance Attached A x ANALYSIS continued This application is in compliance with four of the eight conditions necessary for approval. Comments on conditions 1, 2, 4 and 8 follow: The City of Beaumont adopted The Avenues/College Street Area Neighborhood Plan on February 23, 1999. This plan was endorsed by the residents of the area and approved by City Council. One of the objectives of the neighborhood plan is to "Discourage the introduction of new commercial, industrial, institutional, or multi- family development within areas which currently are predominately in a single and two family residential use or which, in an adopted plan, has been designated as being only for such use." The land use element of the neighborhood plan depicts the northwest quarter of the block in question as Low Density Residential. Thus, the request for a high density residential care facility would not be compatible with the adopted neighborhood plan. 2. The proposed facility will impede the development of the Parks and Open Space Elements of the Neighborhood Plan. The block bound by Milam, Avenue D, Gilbert and Avenue E is vacant and owned by the Beaumont Independent School District. This block is adjacent to the Fletcher Elementary School and is proposed by the school district for future use as a playground or school expansion. The neighborhood plan's land use element depicts the north side of Milam between Avenue C and Avenue D to Gilbert as a park. There is a small City park already in place at Milam and Avenue C. The Avenues Neighborhood Plan proposes expansion of this park to the west to connect with the Fletcher Elementary School tract. Objective #12 of the Neighborhood Plan states "to either expand Fletcher Park at its current location or relocate the park to a new location adjacent to or as a part of Fletcher Elementary School in order to reduce the amount of unlawful activities occurring at the park and also to better meet the recreational needs of the neighborhood." 4. The site plan does not address off-street parking as required by City ordinance. The Transportation Manager wrote that one space is required per staff member and one space per family unit. The City at present has no information regarding the total numbers of the staff of the proposed facility or the number of "family units". 8. This application is not in compliance with the City's Comprehensive Plan. This is an area of Conservation and Revitalization. However, one of the adopted policies for residential land use is that..."Child care centers, halfway houses and other social service facilities should not be permitted in low density single-family residential areas." The "Avenues" neighborhood plan, as described above, has determined this immediate vicinity as a low density residential area. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: STATUS OF APPLICANT: LOCATION: LEGAL DESCRIPTION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Vacant lot, residence, small City park NORTHWEST: School grounds, public elementary school EAST: Vacant 1/4 block SOUTH: Residence, commercial building, stores WEST: Residences COMPREHENSIVE PLAN: Delores Davis House of Praise Deliverance Ministries, Inc. Owner 1695 Milam at Avenue "D" Lots 31-33, Block 3, Blanchette Ist Addition RM-H (Residential Multiple Family Dwelling -Highest Density) District 0.26 acres, more or less Two-story fi-ame house with basement "C" - (Minimal Hazards) SURROUNDING ZONING: RM-H (Residential Multiple Family Dwelling -Highest Density) District RM-H NC (Neighborhood Commercial) RM-H and NC RM-H Conservation and Revitalization OTHER PHYSICAL House declared a public nuisance by the City FEATURES: Council on October 5, 1999. Occupants evicted, STREETS: Milam Street, a 60' residential right-of-way with an 18' pavement. Avenue "D",, a 60' residential right-of-way with a 30'pavement. DRAINAGE: There are 12" storm sewers in the Milam and Avenue "D" rights -of -way. GENERAL INFORMATION/PUBLIC UTILITIES continued WATER: SANITARY SEWER SERVICE: M DO There are 2" water lines in the rights -of -way of each street. There is a 6" sanitary sewer in ilam and a 12" in Avenue "D". Fire protection is provided by Station # 1, 747 College Street. Services and utilities are adequate.