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HomeMy WebLinkAbout1977-P DATE: February 16, 2009 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District FILE: 1977-P STAFF REPORT The Planning Manager recommends approval subject to the following conditions: 1. Remove the four handicap parking stalls on the west end of the 6,545 sq. ft. building 2. The parking lot must have a landscape island for every 20 parking spaces 3. An 8' tall wood screening fence shall be required along 190' of the north property line and along 150' of the south property line of the subject property. 4. Obtain a special exception to the parking requirement from the Board of Adjustment and with a variance to the landscaping requirement along 50 feet of the northeast property line. Pastor Samuel Levine III, representing Mizpeh Ministries Church of Jesus Christ, has applied for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District. The property is located at 5120-50 Concord. The property is currently occupied by three commercial buildings. According to Pastor Levine, the 6,126 sq. ft. building located at the southwest corner of the property and the 6,545 sq. ft. building at the northwest corner will remain and be renovated. The southeasterly metal building will be demolished. The south 250' is zoned GC-MD. The north 150' is zoned RS. A church is permitted by right in the GC-MD District. However, a specific use permit is required for the RS portion. Pastor Levine states that in addition to Sunday morning worship services at 10:00 a.m., there will be Bible teaching classes on Wednesday nights and various other events for the congregation. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 17 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 28A, French Heights Addition, City of Beaumont, Jefferson County, Texas, containing 0.51 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 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 six of the eight conditions necessary for approval. Comments on Conditions 1, 4 and 7 follow: 1. The church would be much more appropriate a use than the former commercial uses that existed on the subject property. 4. The four handicap spaces at the northwest corner of the property cannot empty directly out onto Concord as drawn. All maneuvering area must be on private property. Pastor Levine states that the auditorium will be able to seat 500 persons. Based upon that information, 125 parking spaces will be needed. The site plan show 86 (minus the four handicap spaces exiting onto Concord). A special exception to the parking requirement must be granted by the Board of Adjustment. 7. The parking lot must have a landscape island every twenty parking spaces. In addition, the applicant is requesting variances to the screening requirements along 190' of the northeast property line and along 150' of the southeast property line and to the landscaping requirement for 50' along the northeast property line. The church is proposing an 8' tall chain link fence along the north and south property lines. While the subject property does not include all of the church complex, as part of the building permit process, an 8' tall solid screening fence and a 10' wide landscape strip will be required along those property lines adjacent to RS zoning. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Pastor Samuel Levine III for Mizpeh Ministries Church of Jesus Christ PROPERTY OWNER: LH & P Ltd. LOCATION: 5120-50 Concord EXISTING ZONING: GC-MD (General Commercial-Multiple Family Dwelling) District and RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.51 acres, more or less EXISTING LAND USES: Vacant commercial buildings FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain GENERAL INFORMATION/PUBLIC UTILITIES continued SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling) District EAST: Residential RS SOUTH: Residential RS WEST: Commercial GC-MD (General Commercial-Multiple Family Dwelling) District COMPREHENSIVE PLAN: Stable Area STREETS: Concord Road - Secondary arterial with an 80' wide right-of-way and a 50' pavement width; Pine Burr Blvd. - Local street with a 40' wide right-of-way and an 18' pavement width DRAINAGE: Open ditch WATER: 2", 6" and 8" water lines SANITARY SEWER SERVICE: 8" and 15" sanitary sewer lines PROPERTY OWNERS ALPERS S E MRS DEL CARMEN GUADALUPE DOYLE PAULA K FAMILY SERVICES OF SOUTHEAST FINK GLENDEN W ESTATE GREEN TIMOTHY CHARLES HIEN TRI NGUYEN HUGHES RANDALL & KAREN L H & P LTD LEARNING TREE DEVELOPMENT CTR PARRISH THOMAS G & BRITTANY PEREZ LINDA SUE SIMMONS LUTHER GARY WOLFF ROBERT H