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Home My WebLink About2035-ZP DATE: May 24, 2010 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow a place of worship in an RM-H (Residential Multiple Family Dwelling) District and a zone change from RM-H (Residential Multiple Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district. FILE: 2035-Z/P STAFF REPORT The Planning Manager recommends approval of the specific use permit to allow a place of worship (temple) in an RM-H (Residential Multiple Family Dwelling-High Density) District subject to the following conditions: 1. Provide landscape islands in the parking lot to meet City Code 2. Provide 75 parking spaces plus an additional 3 ADA parking spaces 3. Provide an underground drainage facility that will meet with TxDOT approval 4. Provide a sidewalk along the S. Major Dr. frontage 5. Provide a 25' front building setback and with a modification to the landscaping/screening requirement along the west property line (no 8' tall wood screening fence and a 10' wide landscape strip). In addition, the Planning Manager recommends a zone change from RM-H to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. Subrahmanyamn Cheruvu, representing the Chinmaya Mission-Beaumont, has applied for a specific use permit to allow a place of worship in an RM-H District on 6.07 acres. In addition, he has applied for a zone change from RM-H to GC-MD for 5.0 acres south of the temple site. The temple complex will include a one story worship center and educational building encompassing 8,500-9,500 sq. ft., a 5,000 sq. ft. two story residential building to provide staff and guest quarters and a 3,500-6,000 sq. ft. community center. The first phase should occur over the next two years and will include the worship center/educational building and priests= living facilities. Phase II will consist of the staff quarters which will be built in 2012-13. The STAFF REPORT continued community center will be constructed around 2015 as the third phase of the development. Mr. Cheruvu states that there is no dedicated worship center for the Indian community between Houston and Baton Rouge. The not-for-profit Chinmaya Mission-Beaumont will spearhead the project. In addition, Chinmaya Mission-Beaumont would like to rezone the remaining five acre tract to GC-MD. No specific development plans have been submitted for this property. There is GC-MD zoning north of the temple tract and GC-MD-2 zoning exists east of Major Dr. RS (Single Family Residential Dwelling) zoning is south and west of the subject property. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 54 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES 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 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 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 seven of the eight conditions necessary for approval. Comments on Conditions 2 and 7 follow: 2. The worship facility will not impede the orderly development of adjacent vacant tracts nor be injurious to nearby developed properties. 7. The applicant is requesting a modification to the landscaping/screening requirements along the west property line. Since the subject property abuts RS zoning, an 8' tall wood screening fence and a 10' wide landscape strip would be required. The proposed development only takes up approximately the east 400 feet of the subject property. Another 400 feet lies between the development and the west property line. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Subrahmanyam Cheruvu c/o Chinmaya Mission - Beaumont PROPERTY OWNER: Leonard W. White Sr. LOCATION: West side S. Major Dr., approximately 2,111' south of College St. EXISTING ZONING: RM-H (Residential Multiple Family Dwelling - High Density) District PROPERTY SIZE: 6.075 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: AE - Special flood hazard area inundated by 100-year flood with base flood elevations determined / and the Floodway. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC-MD (General Commercial - Multiple Family Dwelling) District EAST: Commercial GC-MD-2 (General Commercial - Multiple Family Dwelling - 2) District SOUTH: Residential RS (Residential Single Family Dwelling) District WEST: Residential / Vacant RS GENERAL INFORMATION/PUBLIC UTILITIES continued COMPREHENSIVE PLAN: Stable Area STREETS: South Major Drive - Major Arterial with a 135' wide right-of-way and a 70' pavement width. DRAINAGE: Open ditch WATER: 6" water line SANITARY SEWER SERVICE: 8" sanitary sewer line PROPERTY OWNERS ABN PROPERTIES LLC ADAMS HENRY BORDELON JAYNE M BORDELON JUNE M IRREVOCABLE TR BURKS EDWARD C ET UX CALIBER PROPERTIES INC DEVORE JOHN DAVID DOMINICK PETE JR DOSS BARRY J & GAIL ERICKSON RONALD R & CECILIA D FOLKES FRANK & MARILYN FRANKS CAROLYN E GREATER NEW BEGINNING HALE W H HALTOM EVELYN HARRISON BARBARA HOOSE PAMELA JEFFERSON COUNTY D D 6 PALOMO ARMANDO & MARIA PHELAN & PHELAN PHELAN MICHAEL A TRUSTEE PLUMMER JAMES L & MABLE S ROUNTREE LANDRY J & SHARON R RUTLEDGE KENNETH E & TERRI R SALIM NICHOLAS J ET UX SCLERANDI RICHARD SMITH BEVERELY PROPERTY OWNERS continued SNOW DANIEL C & ROSEANA M SOVRAN ACQUISITION LIMITED STRANG ELOISE ESTATE TAYLOR DEXIE L TYDLACKA DOUGLAS CHARLES WATSON DON F WHITEHEAD JUDITH KAY WHITEHEAD MELISSA ANN WHITLEY TERESA YATES SCOTT R