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HomeMy WebLinkAbout2311-P DATE: August 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 site in NC (Neighborhood Commercial) zoning. FILE: 2311-P ___ STAFF REPORT Staff recommends denial of the request. Bryan's Food Stop is requesting a Specific Use Permit to allow a gaming site at 190 N. 23rd Street. The owner would like to add eight (8) 8-liner machines to the existing convenience store. Based on a review of the site, there is not sufficient parking available for the existing use, but it is grandfathered as a convenience store. The City Traffic Division states that the new use would diminish efficient movement through the site, and generate congestion from the site at 23rd Street. Also, staff feels a gaming site would not be compatible with surrounding neighborhood uses. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 15 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract B, Block 1, Russell Place Addition, Beaumont, Jefferson County, Texas, containing 0.33 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: Bryan's Food Stop PROPERTY OWNER: Imelda Hernandez & Judyth Magana LOCATION: 190 N. 23rd Street EXISTING ZONING: NC (Neighborhood Commercial) PROPERTY SIZE: ~0.33 acres EXISTING LAND USES: Convenience Store FLOOD HAZARD ZONE: X – Area determined to be outside the 500 year flood plain and X500” and Shaded X - Areas determined to be between the 500-year and 100-year floodplain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC-MD (General Commercial - Multiple Family Dwelling) EAST: Residential RS (Residential - Single Family Dwelling) SOUTH: Residential RS WEST: Commercial GC-MD COMPREHENSIVE PLAN: Stable Area STREETS: North 23rd Street - Major Collector with 60’ wide right-of-way and 28’ pavement width. DRAINAGE: Open ditch WATER: 6" Water line SANITARY SEWER SERVICE: 8" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' VILLAGE MGMT CO INC THOMAS DORETHIA POLK STEPHANIE C DOTSON KYLE S SHOULDERS ANTHONY & MIA AREF MIKE CAB HOLDINGS LTD HERNANDEZ IMELDA & JUDYTH MAGANA BESS KYLE R DDS GTI INVESTMENTS LLC E & Z LLC PROVOST LEONARD BROWN HENRY F JR & TQUITA Q HANDY & JONES ENTERPRISES INC ALBERTSON'S SOUTH CO INC #2722