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HomeMy WebLinkAbout1494-PDATE: February 21, 2000 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a specific use permit to allow a religious prayer group, counseling and pastoral study for Christian education in an RS (Residential Single Family Dwelling) District at 1995 W. Lucas Drive. FILE: 1494-P STAFF REPORT The Planning Manager recommends approval of the specific use permit subject to the condition that an 8'high solid privacy fence or wall be constructed along each side and rear of the lot and a modification of the landscaping requirement on the north side of the property. The applicants, Paul and Carol Gertz, plan to buy the house and property at 1995 W. Lucas, then lease it to Christ Community Church for pastoral study, counseling, prayer group and study groups for Christian education. No more than eight church members will meet at the Lucas Drive site. The church holds regular services at Christian Heritage Academy High School on Eastex. There is a circular driveway in the front of the house. In addition to the circular drive, there is a garage and a two -car carport. No on -street parking is allowed. The owners will be responsible for installing the required fencing according to Section 3 0-3 1. No structural alterations will be made to the house. Exhibits are attached, PUBLIC NOTIFICATION Notices mailed to property owners 16 Responses in Favor , Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Lot 9 and the south half (S. 1/2) of Lot 10, Block 25, Calder Highlands Addition to the City of Beaumont, Jefferson County, Texas, containing 0.28 acres, more or less. F ME IRAUMONT OFFICE LAWRENCE L. GERMER' PAUL W. GERTZ' KAREN R. BENNETT JAMES R. OLD, JR. LARRY J. SIMMONS, JR. STEPHEN H. FORMAN DAVID L, MERKLEY AIMEE R. BURNS KELU ButtRis SMITH SANDRA COLE HOWARD ANN M. HOLLAND GERMER & GERTZ,, L.L.P. A T T 0 R N E Y S AT LAW 805 PARK S,rREEr BEAUMoNT,TEXAS 77701 (409)838-2080 - FAx (409) 838-4050 E-MAIL.:postmastcr@gcrmer.com I WEB PAGE: www.germer.com PLANNING DIVISION, Room 205 C1 TAY HALL 801 Main Street Beaumont, Texas 77701 Dear Planning Division: January 14, 2000 AUSTIN OFFICE MARK T. BEAMAN GREGG R. BROWN ELIZABETH M. MARSH— CHAD N. BOUDREAUX HOUSTON OFFICE BARBARA HACHENBURG" Amy DUNN TAYLOR**** DALE M. "RETT" HOLIDY BOARD CER'"FIED SPECLAUST, TLxAs BOARD OF LEGAL SPECIAUZATION: PERSONAL INJURY &. 'OVIL TRIAL LAW PERSONAL INjuRY TRIAL LAW ... Owt TRIAL ILAw AND LABOR AND FAIPLOWENT LAW CIVIL TRIAL LAW VIA HAND DELIVERY Enclosed please find a Specific Use Permit Application for property at 1995 Lucas Street, Beaumont, Texas. The Application is submitted by the undersigned, Paul Gertz and his wife, Carol Gertz, as owners, and Christ Community Church, the entity which will be using the property in question. Assuming the permit is granted, we will lease the house to the church to use for a church meeting place for small group activities and pastoral study. We also submit a detailed letter concerning the proposed uses of the property as well as a property plat. The property plat or survey shows the present use as well as the future use, assuming the Specific Use Permit Application is granted. Lastly, we enclose our check for $200 for the Application fee. Please review the Application and advise me as soon as possible of any additional information needed. If the Application appears to be complete, we would appreciate your submitting this to the City Council for approval at its February meeting so that we may close on the property at 1995 Lucas Street on February 8, 2000, and begin leasing it to the church. PWG/al Enclosures F:\tiOMFeAL%iAL\PAUL\MISC%PLANNI'NG-DIV.LTOI.wpi) cer S, of a 17. rtz 4 2000 GERMER & GERTZ, L.L.P. - Three Allen Center - 333 Clay - Suite 4105 - Houston, Texas 77002 - (713) 650— 1313 - Fax (713) 739-7420 GERMER, GERTZ, SEAMAN & BROWN, L.L.P. - Bank One Tower - Suite 1700 - 221 West 6th Street - Austin, Texas 78701 - (512) 472 —0288 - Fax (512) 472-0721 Christ uIrIst Community Church January 7, 2000 Re: 1995 Lucas Special Use Permit Application To the Planning Commission and City Council of Beaumont, Texas: The applicants, Paul and Carol Gertz, are members of Christ Community Church of Beaumont, the co -applicant. Mr. and Mrs. Gertz will purchase this property on February 8, 2000, subject to approval of this Special Use Permit Application, The property will be ]eased to Christ Community Church. The church needs a small meeting place for pastoral study and counseling, prayer groups, and small study groups for Christian education. The proposed site on Lucas is conveniently located to the homes of church members. The entire church membership will continue to assemble for full worship services on Sundays and Wednesdays at the Christian Heritage Academy High School on Eastex Freeway in Beaumont. During the day, persons using the Lucas facility will be the church staff, consisting of two full time pastors (Philip R. Griffin, Senior Pastor and Carol P. Gertz, Discipleship Pastor), one part time music director (Steve Kyles), and volunteer clerical help. During the 'evenings, from time to time, small study and/or prayer groups consisting of six to eight church members will meet at the Lucas location. No full worship services or large meetings will take place there. The religious and educational activities described above, will occur between the hours of 8:0�0 a.m. and 10:00 p.m., and will be conducted quietly. They will not disturb the surrounding neighborhood. The current on -site parking is more than adequate for the small number of people who will be at the facility at any given time. No additional parking will be needed. The on -site parking will have no adverse effect on the general public or adjoining property owners. The house at 1995 Lucas has three bedrooms, two baths, kitchen, living and dining rooms, along with a garage, two vehicle carport and circular drive. No cosmetic or structural changes will be made to the house. Thus, it will maintain its current appearance as a single family residence. The utilities and drainage presently existing at the location are adequate for the proposed use. The church will provide regular maintenance of the yard and will preserve the attractive appearance of the exterior and interior of the house. The church anticipates construction of a privacy fence, similar to the existing fences on the adjoining property. The only identifying church sign will be a small nameplate above the front door. Discover the Difference P. 0. Box 5521, Beaumont, Texas 77726 * (409) 899-2228 * Email: seckchurchoaol.com The applicants believe that a Special Use Permit for this property for religious and educational purposes will be in the best interest of the community and will have no adverse effect on the surrounding property owners and property values. It is respectfully requested that the City Council and Planning Commission grant this Special Use Permit, tted, Paul W/ Gertz 74H 14-9 4- - ? EME 1424!IP: Request for a specifle use permit to allow a religious prayer grOUP9 counseling, and pastoral stpody for Christ' ian education in property zoned R-S (Residential Single Family Dwelling). Location: 1995 West Lucas Drive des LANE .fm REGINA LANE 0 Ix 0 MAC NORTH A SCALE 1"=200' MmMI99H CLIENT: 2111L 0 (cAulo 7500) G.F. NO. N 0013*02" W 74.96' FOUW 5/8' FOUNO 5/8-- RON ROD RON ROD LOT 8 LOT 9 LOT 10 c� K 2 5 too U4 COVERED M.6 A.C. CoNckit 1 1/2 SmRY Wom FRAME RESJDENCE a li M1 I ON SI.A8 J CARPORT Ar— I pp COVERED WAY- 1- 20' NOTE, 141S "14Y WAS COMPLETED VITWX)T THE RENE417 Of A TITLE COMM TWENT M%E (CALLED, 25.00') -4— SOUTH noo, SOUTH 7&2CY A '—FoumD 1/2' MON ROO (CAUZO 75.0(Y) O� FOR THESOUDCAST FOLK40 bAr-j (AS9JMED BASIS OF BEARIMM) SET 'e N CORN" OF LOT 10 PON ROD (RENT) 19'95 WEST LUCAS DRIVE CONCREIE bmwmN OF smvLocs REoms7m LOCATE cogNEgs AND StiOw wPRQyLMENTS K"YOWS CEITITICATIOtt I DO HCRMY CMTWY, TO THE BEST OF MY KNO%*&D" AW DEUEF THAT Tt*S .5 AN ACCORATE PLAT OF A SLJRVEY MADE ON THE GROWD UNDER MY SUPERVrSOK SHOWNG ALL WPROW-DENTS AND ANY mSMU DKROACHWENM AS Or JANUARY 10, 2 TEE A8M TRACT MNC LOCATED AT 191)5 ff,$T LUQAS DRIAUMONT, TEXAS '7779§ AM MWO DESCROM AS LOT 9 THE SOUTH 112 OF LOT 10, OF CALDER HIQHL 2 ANDS ADOMON AS RECORDED el 1,%UWE_ , p4ot 155h%56 OF THE MAP RECORDS OF jFEEEgS<)N COUNTY. TEXAS IN ACUMAWt WtTN THE F1.000 OLUMANCE RATE 1AA.P., FEDERAL. fWERMCY MANAGEMENT AOEWY. 006AWNITY—PANEL. NO, 485457 003.5 8 DATED-12-4-94 , Tws PROPERTY Lies km THE zw NOTED LOCAtm ON MAP DETElholD By SCALE, AMAL FIELD O"AtON NOT DETERWHED. UNLESS REMESTED. FITTZ ar sKPmAN, m, DOES NOT WARRANT NOR SUBSCRIBE. TO [HE ACCURACY OR SCALE OF SAO MAP. FLOOD ZONE (F.E,M,A.) CENSUS TRACT 3,02 PILE 14-94-P REMSYON DATE - - I WALTER J. KSIjKZEK REOSTERED PROFESS" AeoL�Np SUIVEY2 NO. 5321 i MATE. 1-11-00 FITTZ ok SHIPMAN nELD INC. BOOK NO.: -QQz2— CONSULTING ENGINEERS & LAND SURVEYORS NO.: 785TSO14 440 101h STREET, SUGTE A BEAUMONT, TEXAS (409)832-7238 FAX (409)832-7303 _ ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING -ORDINANCE Application is ill Compliance ForGINMIM • 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; 2. That (lie establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 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; 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and B. That the proposed use is in accordance with the Comprehensive Plan. x x x Application is not in cointuents Compliance Attached x x x x - ANALYSIS continued This application is in compliance with seven of the eight conditions necessary for approval. Comments on items 1, 4 and 7 follow: 1. The proposed use of the house for counseling and prayer group for no more than eight persons will not impair property values in the neighborhood. No full worship services or large meetings will take place at the location. 4. The circular drive, garage and cat -port should be adequate for off-street parking. No parking is allowed on the street. 7. The site plan does not indicate any additional landscaping or screening. An 8' tall screening fence will be required along the north, south and west property lines. The property is landscaped with trees, shrubs and grass. There is only asix foot space for landscaping on the north side of the property. The driveway is gravel. GENE, RAL INFORMATION/PUBLIC UTILITIES EWWWA I Is PROPERTY 0 STATUS OF APPLICANT: LOCATION: LEGAL DESCRIPTION: EXISTING ZONING: PROPERTY SIZE: FLOOD HAZARD EXISTING LAND USES: Paul and Carol Gertz and Christ Community Church Paul and Carol Gertz Prospective buyer and tenant 1995 W. Lucas Drive Lot 9 and the south Y2 of Lot 10, Block 25, Calder Highlands Addition RS (Residential Single Family Dwelling) District 0,28 acres "C" - (Minimal Hazards) Residence GENERAL INFORMATION/PUBLIC UTILITIES continued SURROUNDING LAND USES: NORTH:: Residence EAST. Residence SOUTH: Residence WEST: Residence COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: STREETS: WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: ADEQUACY OF SERVICE: SURROUNDING ZONING: RS (Residential Single Family Dwelling) RS RS RS Stable Area None West Lucas Drive is a secondary arterial and it has a 44'wide pavement (new construction). Storm sewers in the street. There is a 18" water line in the street. There is a 15" sanitary sewer in the street. Fire protection is provided by Station 44, Gladys at West Lucas. Services are adequate.