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DATE: June 15, 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
the expansion of a charter school in a GC-MD (General
Commercial-Multiple Family Dwelling) District
FILE: 1988-P
STAFF REPORT
The Planning Manager recommends approval.
Ahmet Cetinkaya, representing Harmony Science Academy, has
applied for an amended specific use permit to allow the expansion of a
charter school in a GC-MD (General Commercial-Multiple Family
Dwelling) District. The property is located at 4069-4079 Calder.
In 2007, City Council approved a specific use permit to allow
Harmony Science Academy, a charter school, to operate in a former
Market Basket store at 4055 Calder. The school teaches students in
the K-10 grade levels. Since its opening, the school has been rated
Recognized in 2008 by the Texas Education Agency.
Harmony Science Academy would now like to expand into a 4,200 sq.
ft. vacant commercial building that is located northwest of the school=s
current location. The building will be used for additional classrooms.
The building is located on the same property as the school and was
originally part of a commercial development that included the Market
Basket grocery store and various retail shops.
The school currently has 350 students and 30 teachers. The number
of teachers will expand to 35 next school year. Normal hours of
operation are 8 a.m. - 2:45 p.m. with after school activities running
until 4:00 p.m.
Harmony Science Academy has plans to construct a wrought iron
fence along the north, east and south sides of the property. Along
the west property line, an 8' tall wood fence is to be constructed.
Ingress and egress will be limited to Phelan Blvd
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 37 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Block 1, Caldwood Plaza Addition, City of Beaumont, Jefferson
County, Texas, containing 2.97 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
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
8. That the proposed use is in accordance
with the Comprehensive Plan. X
ANALYSIS continued
This application is in conformance with all eight conditions necessary
for approval. Comments on Condition 1 follow:
1. The school has been a compatible neighbor since its
opening. It generates less traffic than the former
commercial uses that occupied the site. Harmony Science
Academy is an appropriate use for the vacant building.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Ahmet Centikaya for
Harmony Science Academy
PROPERTY OWNER: Weingarten Realty Investors
LOCATION: 4069-4079 Calder Ave.
EXISTING ZONING: GC-MD (General
Commercial-Multiple Family
Dwelling) District
PROPERTY SIZE: 2.97 acres, more or less
EXISTING LAND USES: Vacant commercial
FLOOD HAZARD ZONE: A X @ - Areas determined to be
outside 500-year floodplain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Residential RS (Residential Single Family Dwelling) District
EAST: Commercial GC-MD (General Commrecial-Multiple Family
Dwelling) District
SOUTH: Commercial GC-MD
WEST: Commercial GC-MD
COMPREHENSIVE PLAN: Stable Area
STREETS: Calder Street - Secondary arterial
with a 70' wide right-of-way and
th
a 35' pavement width; 24 Street
- Local street with a 60' wide
right-of-way and a 35' pavement
width; Phelan Boulevard - Major
arterial with a 100' wide
right-of-way, 4 lanes divided
GENERAL INFORMATION/PUBLIC UTILITIES continued
DRAINAGE: Calder - Open ditch; Phelan and
th
24 - Curb and gutter
WATER: 8" and 18" water lines
SANITARY SEWER
SERVICE: 6" and 15" sanitary sewer lines
PROPERTY OWNERS
4151 PROPERTIES LTD
ABARCA RAUL GUILLERMO ABARCA & MARTIN ABARCA
ALAN CRAMER INVESTMENTS INC
ALBERTSON'S SOUTH CO INC #2722 ROBERT D RASH & ASSOC
BARRON JULIE
CITY OF BEAUMONT
CLARK BILL L
CLAYTON HAROLD J
DENSON RICHARD TERENCE
FARNIE DONALD P
GONZALES JUSTIN
JEFFERSON COUNTY D D 6
KEITH BOB & VICKIE L
KEITH ROBERT V ET UX
MB PETRO 47 LTD ROBERT D RASH & ASSOC
MULLINS DOUGLAS E & CHARLENE L
NARCISSE DEBRA F
O'QUINN ROGER DALE & SANDRA L
PACE DONALD & AILEEN
PARIGI FAMILY LIMITED PARTNERSHIP-ATTN A C PARIGI
PAYTON GEHRIG E
PHELAN ELEVEN B LLC 1% MICKEY PHELAN B LAND LP 99%
RESENDIZ MARIA CASTILLO RUBEN
ROJO ANDRES
ROMERO RUTH B
SCHRODER KAREN LYNN
SIGMA ENGINEERS INC
TINSLEY KARISA
TODAY'S ENTERPRISES
VINCENT BLANCA E
VINCENT MARK
WEINGARTEN REALTY INC-069 % EQUITAX PROP CONSULTANTS
INC
WILSON KEVIN J