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HomeMy WebLinkAbout1832-P DATE: August 21, 2006 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow a public charter school in a CBD (Central Business District). FILE: 1832-P STAFF REPORT The Planning Manager recommends approval subject to the school getting permission to use parking in a nearby parking lot or obtaining a special exception to the parking requirement from the Zoning Board of Adjustment. Eagle Academy of Beaumont is requesting a specific use permit to allow a public charter school in an existing building at 405 Magnolia. The school will serve approximately 150 middle and high school students. The students will attend school in 4 1/4 hour sessions beginning at 8 a.m. and ending at 5 p.m. Hours of operation will be 7 a.m. - 6 p.m. The maximum number of students on campus at one time will be 100. Students will be served by eight to twelve faculty members and staff. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 9 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 13-16, Block 6, Calder Addition, City of Beaumont, Jefferson County, Texas, containing 0.65 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 seven of the eight conditions necessary for approval. Comments on Conditions 1, 4 and 7 follow: 1. The proposed charter school will be compatible with surrounding uses. 4. Only nine of the required thirty-seven parking spaces can be accommodated on the subject property. The other existing parking spaces do not meet current parking standards. The school is asking First Baptist Church if they can use some of their parking spaces. First Baptist has a parking lot across Magnolia. If the school is unable to obtain additional parking within 400 feet of the facility, it must receive approval of a special exception to the parking requirement by the Zoning Board of Adjustment. 7. The building and parking lots are all existing and were constructed prior to current landscaping requirements and are therefore A grandfathered @. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Eagle Academy of Beaumont PROPERTY OWNER: Same LOCATION: 405 Magnolia EXISTING ZONING: CBD (Central Business District) PROPERTY SIZE: 0.65 acres, more or less EXISTING LAND USES: Vacant building (formerly Texas Employment Commission) FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial CBD (Central Business District) EAST: Church CBD SOUTH: Vacant CBD WEST: Commercial GC-MD (General Commercial-Multiple Family Dwelling) District GENERAL INFORMATION/PUBLIC UTILITIES continued COMPREHENSIVE PLAN: Central Business District OTHER PHYSICAL FEATURES: None STREETS: Magnolia Avenue - Secondary arterial with a 65' right-of-way and a 40' pavement width; Broadway - Local street with a 82' right-of-way and a 36' pavement width DRAINAGE: Curb and gutter WATER: 6" water line SANITARY SEWER SERVICE: 15" and 18" sanitary sewer lines FIRE PROTECTION: Fire protection is provided by Station #1, 747 College. ADEQUACY OF SERVICE: Services are adequate. PROPERTY OWNERS FIRST BAPTIST CHURCH JOSEPH T ENDARI ESEQUIEL SISUENTES BRETT & KIMBERLY HARRINGTON RONALD PERRY TEXAS EMPLOYMENT COMMISSION MARIE MAZZU BANDO GARY T LECH BEAUMONT REALTY INC