HomeMy WebLinkAbout2326-P
DATE: May 21, 2017
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: 2326-P
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STAFF REPORT
Julius Johnson has requested a Specific Use Permit to allow a gaming facility at 4705-B
Magnolia Avenue. The applicant wishes to have 20 gaming machines at this location. The
hours of operation for the business would be 8 a.m. to 12 p.m. Entrance to the smoke shop is
restricted to eighteen (18) years old and above. Identification is checked to ensure that
customers are at least eighteen (18). For entry to the gaming area, customers must be at least
twenty-one (21) years old. Security will be provided by surveillance cameras.
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 is adjacent a residential neighborhood and residential single-family dwellings. In
addition, there is insufficient parking at this location for the total amount of retail space.
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 25
Responses in Favor Responses in Opposition
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lots 1-3, Block 2, Hegele Addition, Beaumont, Jefferson County, Texas, containing 0.482
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: Julius Johnson
PROPERTY OWNER: New Marvi, LLC
LOCATION: 4705-B Magnolia Avenue
EXISTING ZONING: GC-MD (General Commercial - Multiple
Family Dwelling District)
PROPERTY SIZE: ~0.482 acres
EXISTING LAND USES: Commercial
FLOOD HAZARD ZONE: X – Area determined to be outside the 500
year flood plain.
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Commercial GC-MD (General Commercial - Multiple
Family Dwelling District)/RS
EAST: Commercial GC-MD
SOUTH: Commercial GC-MD
WEST: Residential RM-H (Residential Multiple Family
Dwelling - Highest Density)
COMPREHENSIVE PLAN: Conservation and Revitalization
STREETS: Magnolia Avenue - Secondary Arterial with
120’ wide right-of-way and 88’ pavement
width.
Tyler Street - Local Street with 60’ wide
right-of-way and 18’ pavement width.
DRAINAGE: Curb and gutter on Magnolia Avenue, open
ditch along Tyler Street.
WATER: 12" Water line
SANITARY SEWER SERVICE: 8" Sanitary sewer line
PROPERTY OWNERS NOTIFIED WITHIN 200'
ABOVE PAR LLC
BELL DAVID W & DONNA K
CAMARGO ARMANDO
CARRINGTON JETHRO ROGERS
DO HUAN & MONG-HA THI TRAN
GARCIA ELIJIO & MARIA DOLORES
GLOBAL ONE ENTERPRISES
GUILLORY JOSEPH R
HAFFAN INC
LEDAY ALVIN SR
NAZS ENTERPRISES INC
NEW MARVI LLC
RESENDIZ NESTOR & HERLINDA
ROY DONNA
SEALS CHARLES
SHILLOW LOUELLA & KAREN GRANT
SHILLOW LOUELLA COWARD
WALTER PRESTON