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Home My WebLink About2144-P DATE: October 15, 2012 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow a school in a RS (Residential Single Family Dwelling) District FILE: 2144-P STAFF REPORT The Planning Manager recommends approval subject to the following condition: 1. The school shall apply for and receive approval of a certificate of occupancy. Friendship Baptist Church has applied for a specific use permit to allow a school in a RS (Residential Single Family Dwelling) District. The property is located at 6750 Hwy. 105. Ed Jones, trustee of the church, states that the church would like to operate a faith based school open to the public. Friendship Christian Academy includes grades Pre-K4 through 12th grade. Mr. Jones says that 47 students are currently enrolled full time and 10 home schooled children are enrolled. The school is open Monday through Friday, 8:30 a.m. to 3:00 p.m. The home school is open on Monday=s from 5:30 p.m. to 7:00 p.m. An inspection of the property by the Fire Marshal found that the school was operating without any permits. The Fire Marshal states that questions about opening a school were asked some time back. At that time, the church was advised that there would be code requirements that must be met prior to opening a school. No applications were made until the specific use permit was applied for on September 12, 2012. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 16 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Plat RS-4, Tract 5B out of Tract 5, W.B. Dyches Survey, Abstract A-17, City of Beaumont, Jefferson County, Texas, containing 4.998 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE) Application Application is in is not in Comments Compliance Compliance Attached 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; X X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X X 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; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and X 8. That the proposed use is in accordance with the Comprehensive Plan. X ANALYSIS continued This application is in conformance with all eight conditions necessary for approval. Comments on Conditions 1 and 3 follow: 2. The school is in an existing building originally built by the church as a nursery. There will be no physical changes made to existing structures. The school should have no negative impact on surrounding properties. 3. The school must apply for a certificate of occupancy. As part of that process, the various city departments will make inspections to insure that the facility meets city codes, including, but not limited to, health, fire, water utilities and building. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Friendship Baptist Church PROPERTY OWNER: Same LOCATION: 6750 Hwy. 105 EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 4.998 acres, more or less EXISTING LAND USES: Church FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential, LNVA Canal RS (Residential Single Family Dwelling) District, RM-H (Residential Multiple Family Dwelling-Highest Density) District EAST: Residential RM-H SOUTH: Residential, church, vacant RS WEST: LNVA Canal RS COMPREHENSIVE PLAN: Stable Area STREETS: Hwy. 105 - Major arterial with a 100' wide right -of- way and 67' pave ment width DRAINAGE: Curb and gutter GENERAL INFORMATION continued WATER: 8" water line SANITARY SEWER SERVICE: 12" sanitary sewer line PROPERTY OWNERS ALI MOHAMMED A ET UX CASTILLE PERRY JR CIRCLE ALPINE APARTMENTS LLC DANNA ELEANOR DUONG NGA THI FRIENDSHIP BAPTIST CHURCH LAMBRIGHT MARY J LOWER NECHES VALLEY AUTHORITY MICAH WOOD LTD NEW LIFE TABERNACLE SCOTT LEONARD & GIOVANNA TALALIS STEVEN S