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Home My WebLink About1994-P DATE: July 27, 2009 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for an amended specific use permit to allow for the modification of the landscaping requirements for a school in an RS (Residential Single Family Dwelling) District FILE: 1994-P STAFF REPORT The Planning Manager recommends approval subject to the following conditions: 1. Trees shall be planted along the west boundary line, beginning 250 feet from the front property line along Hwy. 105 and extending a distance of 400 feet. This planting shall occur between December, 2009 and February, 2010. 2. Class A trees will be a minimum of 1.5" caliper. Class B trees will be a minimum of 5' in height. 3. After the initial planting of trees along the western boundary line, trees shall be planted along the east and west boundary lines at a total annual rate of 400 feet. Lyn Stevens, representing Southeast Educational Foundation Trust (SEFT), has applied for an amended specific use permit to allow for the modification of the landscaping requirements for a school in an RS (Residential Single Family Dwelling) District. The property is located at 8800 Hwy. 105. In August, 1996, City Council approved a specific use permit to allow a private school. The original developer of the school was Cathedral in the Pines Christian Center, Inc. In 2006, the SEFT bought the school and is doing business as Legacy Christian Academy. Mr. Stevens states that for the coming school year, there is th an immediate need for increasing classroom size for the 6 Grade. SEFT desires to move in a portable multi-classroom building at a cost of $65,000. At the time of review of that building permit, staff realized that none of the perimeter landscaping had been done. The original specific use permit required the installation of trees along the 3,850 lineal feet of the eastern and western boundaries of the property. A 30' wide landscape buffer was to be STAFF REPORT continued installed along the eastern property line and a 70' wide landscape buffer was to be installed along the west property line. The Zoning Ordinance states that a minimum 30' wide landscape buffer may be maintained in lieu of perimeter fencing. That requirement was not enforced at the time of the issuance of the initial certificate of occupancy. Mr. Stevens states that it now would cost the school over $41,000 for trees to cover the distances. Mr. Stevens states that SEFT wishes to be a good neighbor and recognizes the validity and need for landscaping when schools abut residential neighborhoods. However, due to the costs involved, SEFT proposes the following: 4. That the requirement for the landscaped buffer on the eastern boundary be eliminated or phased in over a period of time. The residences along the eastern border are over 360 feet away from the nearest structure of the school. The subdivision to the east is separated from the school by an eighty-five foot wide drainage canal. Additionally, SEFT does not have large field lights on its football field as it typically plays it games on weekends during daylight hours. If additional tree barriers are needed, they can be addressed when field lights are installed. 5. That the requirement for the landscaped buffer be modified for the western boundary. SEFT requests the landscape buffer begin at 250 feet back from Hwy. 105 and extend 400 feet along the western boundary. SEFT requests that the trees be Class A trees of 1.5" caliper and/or Class B trees of 5' in height. The Zoning Ordinance requires Class A trees 2" in caliper and Class B trees 8'-10' in height when planted. SEFT would like to plant during optimal tree planting time (December to February), but will provide proof of purchase immediately. The trees would be planted and maintained for each 25' or portion thereof of said open space buffer strip. 6. SEFT also proposes to add trees to complete any additional requirements to the western and eastern boundaries at a rate of 400 trees per year. Again, SEFT asks that these trees be Class A at 1.5" caliper and/or Class B trees of 5' in height. SEFT states that time is of the essence. The portable multi-classroom needs to be installed for classes that begin in August, 2009. SEFT says that if it was aware of the landscaping requirement during the purchase of the property, the price of the landscaping would have been a factor in the purchase. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 69 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tracts 277, 278 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 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 seven of the eight conditions necessary for approval. Comments on Condition7 follows: 7. Mr. Stevens states that the school was unaware of the fencing and landscaping requirement at the time of purchase. It was when the school applied for a permit to move the new classroom building onto the property that they were required to install the landscaping. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Lyn Stevens for Southeast Educational Foundation Trust PROPERTY OWNER: Southeast Educational Foundation Trust LOCATION: 8800 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 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 GENERAL INFORMATION/PUBLIC UTILITIES continued SANITARY SEWER SERVICE: 6" and 15" sanitary sewer lines PROPERTY OWNERS BARNETT AUSTIN A BASSA DAVID BASSA RABAH BECKETT ZACHARY D BELLER RANDY & MARGARET BENDY PAMELA BERNSEN KENESAW L JR BOOK JEFFERY GUY & VERONICA K BOUMANS ARTHUR T & DEBRA A BRYANT MARVIN & DEBRA CALAS ELMERA C & SILVANO C CAMPBELL GENE & LECRETIA CAREY DONALD P & HOLLY C CATHEDRAL IN THE PINES CHRISTIAN CENTER INC CHAUDHRY ADRIS UI-HAG & NAJAMA SULTANA CHAUDHRY RABIA ADRIS COMEAUX ANGELIQUE CRUMPLER CHARLES R DANG MINH DAVIS DANNIE & SONDRA DEL PAPA OMERO III FONTENOT THOMAS E & DARLENE FORD KENNETH W FRENCH GLEN A & DORIS ROSE LIFE ESTATE GYPINS DOUGLAS HAMDAN REBHI HANSON CLIFFORD A HARPER TOMMY R & LUTISSA R HOLTON D E JEFFERSON COUNTY D D 6 JOHNSON DAVID M JUNEAU LESTER & KIMBERLY KAISER JAMES W LITCHFIELD CRAIG E & SHARON A LORD JOHN M & TUESDAY L LUMPFORD ROBERT JR & MATTIE MAY JEFFREY SR MAYWALD CHERYL LYNN MITCHELL LYLIETH P & HAYDEN A MOSBY WANDA GAIL NICHOLAS TONY E NOBLES STANLEY & JODIE PARKER RONALD PERKINS MARY SUE PILEGGI ARNOLD C POPE MAUDIE ROACH ROMAINE J SENEGAL ELTON JAMES SERIO SAM SHEPPARD CHARLES E JR & OUIDA STREETY DON 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 WILLIAMS LARRY & TERESE WINDEMERE DEV CO YEATES MARLENE