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HomeMy WebLinkAboutORD 12-083 ORDINANCE NO. 12-083 ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW A 6' TALL CHAIN LINK FENCE INSTEAD OF THE REQUIRED 8' TALL WOOD SCREENING FENCE ALONG THE SOUTH SIDE OF THE PLAY YARD OF A CHILD DAYCARE IN A RS(RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT AT 1450 W. LUCAS DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on August 28, 2012, City Council approved Ordinance No. 12-058 issuing a specific use permit to Shukia Brown to allow a child day care in a RS(Residential Single Family Dwelling) District at 1450 W. Lucas Drive, City of Beaumont, Jefferson County, Texas, subject to the following conditions: • The number of children kept for compensation shall not exceed five children under the age of sixteen at any one time. • If the specific use permit is approved, Ms. Brown must apply for a certificate of occupancy. Prior to the issuance of the certificate of occupancy, Ms. Brown must comply with all of the required codes of the City of Beaumont. • A 8'tall wood screening fence shall be installed along the east and south sides of the play yard (where the chain link fence now exists); and, with the modification to the landscaping/screening requirements along the north, east and south property lines(8'tall wood screening fence along the north, east and south sides of the play yard and no 10' wide landscape strip along the north and south sides of the property); and, WHEREAS, Shukia Brown wishes to amend the specific use permit to allow a 6'tall chain link fence instead of the required 8' tall wood screening fence along the south side of the play yard of a child day care in a RS (Residential Single Family Dwelling) District at 1450 W. Lucas Drive, being the N Y2 of Lot 10 and all of Lot 11, Block 9, Calder Highlands Addition, City of Beaumont, Jefferson County, Texas, containing 0.38 acres, more or less, as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend the specific use permit to allow a 6'tall chain link fence instead of the required 8' tall wood screening fence along the south side of the play yard of a child day care in a RS (Residential Single Family Dwelling) District at 1450 W. Lucas Drive as reflected in the site plan as shown on Exhibit"B,"attached hereto and made a part hereof for all purposes; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That Ordinance No. 12-058 be amended by amending the specific use permit granted to Shukia Brown, her legal representatives, successors, and assigns for that certain tract shown on Exhibit'A,"attached hereto and made a part hereof for all purposes, to allow a 6'tall chain link fence instead of the required 8'tall wood screening fence along the south side of the play yard of a child day care in a RS (Residential Single Family Dwelling) District at 1450 W. Lucas Drive as reflected in the site plan attached hereto as Exhibit "B." Section 2. Notwithstanding the site plan attached hereto as Exhibit"B,"the use of the property herein above described shall be in all other respects, subject to all of the applicable conditions and regulations contained in Ordinance No. 12-058 and the regulations contained in Chapter 28 of the Code of Ordinances of the City of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2012. �q, AAWW r�'��, �% 4 - yor Becky Ames - 2L4 1_P: Request for a specific use permit to allow a child day care in an RS (Residential Single Family Dwelling) Distriict. .ation: 1450 W.Lucas Drive Applicant: S�hukia Brown fl !o0 200 Feet Legend 2141P n o n: m z o GC-MD t• GC-MD GC-MD EXHIBIT "A" i L • _ I _ Y � COD r -o�aac� I�E 1 Approval subject to the following Conditions: The numb er-Of children.kept for aompe�afion shall not exceed five children under . l' � one . the age of sixteen at any Brown must apply for a certificate of 2. If the specific use permit is approved,Ms• cafe of accupancy,Ms.Brawn must occupancy. Prior to the ised codes of the Beaumont; and and the 6` comply with all of the required the east side of the play y 3 An 8'tall wood screening fence shall be installed along tall chain link fence shall remain on the south side of the play yard. rth,east and south • and with a modification to the landscapinglscreeningrequirements along� p and �d no 1D' property lines(8'tall wood screening fence along the north and east sides of the lay y , wide landscape strip along the north and_south sides of the property}•