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HomeMy WebLinkAbout2325-P DATE: February 19, 2018 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for a Specific Use Permit to allow a gaming facility in a GC-MD (General Commercial - Multiple Family Dwelling) District. FILE: 2325-P ___ STAFF REPORT Bladimir Lino-Barahona, has requested a Specific Use Permit to allow a gaming facility at 3070 S. 4th Street. The applicant wishes to have 40 gaming machines at this location. The hours of operation for the business would be 8 a.m. to 10 p.m., and admittance shall be limited to individuals who are 21 years of age and older. This requirement will be monitored by managers and an operator who will check state issued identification. Security will be provided by surveillance cameras, an ADT alarm system and a security guard. It should be noted that gaming facilities that have five or fewer machines tend to be considered accessory in nature, when part of a primary use, and as such tend to result in fewer negative impacts on surrounding land uses. However, larger game rooms with dozens of machines take on the scale of a small casino and as a result, require careful consideration as to their location and compatibility with surrounding land uses. Some of these considerations include compatibility with other land uses, noise, traffic as well as safety considerations. As such, proximity to parks, schools and especially residential uses should be carefully considered in the review of gaming facilities. This property, in particular, shares a property line with a residential neighborhood and residential single-family dwellings. In addition, it is located near a school. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Staff recommends denial of the request. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 26 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 5-8, Block 5, Booker Heights Addition, Beaumont, Jefferson County, Texas, containing 0.569 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.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, or 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 8. That the proposed use is in accordance with the Comprehensive Plan. X GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Bladimir Lino-Barahona PROPERTY OWNER: Walter Kyles Jr. LOCATION: 3070 S. 4th Street EXISTING ZONING: GC-MD (General Commercial - Multiple Family Dwelling District) PROPERTY SIZE: ~0.569 acres EXISTING LAND USES: Vacant building FLOOD HAZARD ZONE: X – Area determined to be outside the 500 year flood plain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential GC-MD (General Commercial - Multiple Family Dwelling District)/RS EAST: Commercial GC-MD SOUTH: Residential GC-MD WEST: Commercial RM-H (Residential Multiple Family Dwelling - Highest Density) District COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: S. 4th Street - Major Arterial with 74’ wide right-of-way and 54’ pavement width. Southbound Fannett Road - Major Arterial with 120’ wide right-of-way and 32’ pavement width. DRAINAGE: Curb and gutter. WATER: 16" Water line SANITARY SEWER SERVICE: 6" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' BALKA ETHEL L (LIFE ESTATE) & BOXIE LEOLA CENTERPOINT ENERGY ENTEX GUIDRY LATRELL R & DAVE JR HOLLAND C B III HOLY GHOST TEMPLE HOLY GHOST TEMPLE REVIVALS JACKSON TARSHA D KYLES WALTER JR KYLES WALTER JR ET UX LEVIAS JERRY MILES ALLEN TEA INDUSTRIES INC TROUNG PHAT K & LIEN THI LE TRUONG KIM PHAT ET UX WASHINGTON TERRENCE YOUNG ANTHONY JUDE