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Home My WebLink About2085-P DATE: April 18, 2011 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for an amended specific use permit to add an elementary school to an existing middle/high school in an RS (Residential Single Family Dwelling) District FILE: 2085-P STAFF REPORT The Planning Manager recommends approval. Legacy Christian Academy has applied for an amended specific use permit to add an elementary school to an existing middle/high school in an RS (Residential Single Family Dwelling) District. The property is located at 8200 Hwy. 105. In the late 1990's, Cathedral in the Pines Church opened Cathedral Christian High School on the subject property. In 2007, an independent 501(C)(3) entity, Southeast Educational Foundation Trust, acquired the property and began Legacy Christian Academy. Recently in February, 2011, Cathedral in the Pines announced that it would discontinue their school programming in May, 2011. The Legacy Christian Board therefore voted to expand its school program thth from the current 6 through 12 grade by adding pre-school through th 5 grade classes. Therefore, it is the desire of Legacy Christian Academy to add five double classrooms incorporating 17,920 sq. ft., a 10,400 sq. ft. gymnasium and restrooms. The buildings will be placed between an existing gym and the football stadium. The new buildings are located more than 700' from either the east or west property lines so they will not negatively affect the residential neighborhoods to the east or west. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 81 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tracts 227, 228 and part of Tract 65, Plat RS-5, D. Easley Survey, City of Beaumont, Jefferson County, Texas, containing 43.5 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 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 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 7 follow: 1. The school enhances the surrounding area. As the area th further develops, the K-3 through 12 grade school will make adjacent residential properties more desirable. 7. In 2009, City Council approved a modification to the landscaping screening requirements along the east and west property lines. CODE COMMENTS Below are comments from departments that have conducted a preliminary review of this application. While not a comprehensive code review, these comments identify needed changes to comply with City codes and ordinances and are intended to inform the applicant as early in the review process as possible of these issues: 1. The Fire Department has discussed concerns about different fire code issues with the applicant. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Southeast Educational Foundation Trust dba Legacy Christian Academy PROPERTY OWNER: Same LOCATION: 8200 Hwy. 105 EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 43.5 acres, more or less EXISTING LAND USES: School FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain GENERAL INFORMATION/PUBLIC UTILITIES continued SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant RS (Residential Single Family Dwelling) District EAST: Residential RS SOUTH: Hwy. 105, residential, commercial RS WEST: Residential RS COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: Hwy. 105 - Major arterial, 4 lanes with left turn lane DRAINAGE: Curb and gutter WATER: 6" and 8" water lines SANITARY SEWER SERVICE: 6" and 15" sanitary sewer lines PROPERTY OWNERS ALFRED WILFRED W & MARY L BARNETT AUSTIN A BECKETT ZACHARY D BELLER RANDY & MARGARET BERNSEN KENESAW L JR BOOK JEFFERY GUY & VERONICA K BOUMANS DEBRA A BRYANT MARVIN & DEBRA CALAS ELMERA C & SILVANO C CHAUDHRY ADRIS UI-HAG & NAJAMA SULTANA CHAUDHRY RABIA ADRIS CMP3 ENTERPRISES LLC COMEAUX ANGELIQUE CRUMPLER CHARLES R DANG MINH DAVIS DANNIE & SONDRA DEERFIELD DEVELOPMENT LP DEL PAPA OMERO III FONTENOT THOMAS E & DARLENE FORD KENNETH W FRENCH GLEN A & DORIS ROSE LIFE ESTATE PROPERTY OWNERS continued GYPINS DOUGLAS HAMDAN HOME BUILDERS LLC HANSON CLIFFORD LINDSEY HARDY PAMELA RENAE HARPER TOMMY R & LUTISSA R HOLTON D E JEFFERSON COUNTY D D 6 JOHNSON DAVID M JUNEAU LESTER & KIMBERLY KAISER JAMES W KNIGHTON NIYA R L & L MERRILL ENTERPRISES LTD LEMUS JOSEPH I LITCHFIELD CRAIG E & SHARON A LORD JOHN M & TUESDAY L LUMPFORD ROBERT JR & MATTIE MAYO JEFFREY SR & TINA M MAYWALD CHERYL LYNN MITCHELL LYLIETH P & HAYDEN A MOON JIMMY LOUIS & MARY MOSBY WANDA GAIL NICHOLAS TONY E NOBLES STANLEY & JODIE PARKER RONALD PERKINS MARY SUE PILEGGI ARNOLD C POPE MAUDIE ROACH ROMAINE J ROACH ROMAINE J SENEGAL ELTON JAMES SERIO SAM SHEPPARD CHARLES E JR & OUIDA SOUTHEAST EDUCATIONAL FOUNDATION STREETY STEPHEN RANDOLPH & SHARON ELAINE STREETY CARLISLE STRODERD MITCHELL L TRUONG THUY TURNER DOYLE & PEGGY S TURNER PEGGY & DOYLE TWINE CHARLES ETTE-LIFE ESTATE VISHAL K ENTERPRISES LP VUVAN ANDY & THOM THI VUVAN WARREN TONYA WHEELER WM D WHITEHEAD J L PROPERTY OWNERS continued WHITTEN JACOB C JR & RONDA D WILLIAMS LARRY & TERESE WINDEMERE DEV CO YEATES MARLENE