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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