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HomeMy WebLinkAbout2344-P DATE: August 20, 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 C-M (Commercial - Manufacturing) District. FILE: 2344-P ___ STAFF REPORT Xuong Tuan Ta has requested a Specific Use Permit to allow a gaming facility at 6470 Washington Boulevard. The applicant wishes to have 35 gaming machines at this location. The hours of operation for the business would be 10 a.m. to 10 p.m. 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. It should be noted, however, that this property is not in close proximity to any residential properties, parks or schools. Therefore, Staff recommends approval of the request with the following condition: 1. Owner must maintain adequate security. 2. The van accessible handicap spot is not ADA compliant. The spot must be 11-ft wide with a 5-ft access aisle on the passenger side if the vehicle were pulled into the spot. 3. The western edge of the proposed rock must be 2-ft away from the property line, and the 2-ft gap be filled in with grass. 4. Garbage trucks will quickly ruin the northwest corner of the proposed rock parking area due to the tight turnaround area. The trucks will create rutting and potholes, causing the loose rocks and dirt to potentially be carried away by storm runoff and be deposited in the City’s drainage structures or on neighboring lots, violating the Watershed Protection Ordinance. The dumpster should be relocated or the driveway should be paved. 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 8 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES LT 8 BLK 1 LANGHAM PLAZA 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: Xuong Tuan Ta PROPERTY OWNER: Duy Uu LOCATION: 6470 Washington Boulevard EXISTING ZONING: C-M (Commercial Manufacturing) PROPERTY SIZE: ~0.482 acres EXISTING LAND USES: Vacant Commercial Structure FLOOD HAZARD ZONE: X – Area determined to be outside the 500 year flood plain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant R-S (Residential Single – Family Dwelling) EAST: Masonry Company C-M (Commercial Manufacturing) SOUTH: Masonry Company C-M WEST: Vacant R-S COMPREHENSIVE PLAN: Stable Area STREETS: Washington Boulevard- Secondary Arterial with 70’ wide right-of-way and 23’ pavement width DRAINAGE: Open ditch along Washington Boulevard. WATER: 16" Water line SANITARY SEWER SERVICE: 10" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' BAILEY VENTURES LLC HEBERT CLYDE D JR ET AL LIGHTFOOT LESLIE CARL MARTINEZ MARIO P NOMA INVESTMENTS LLC PW PIPELINE SUB III LLC