HomeMy WebLinkAbout2273-P
DATE: October 17, 2016
TO: Planning Commission and City Council
FROM: Chris Boone, Director of Planning and Community Development
SUBJECT: Consider a request for a Specific Use Permit to allow novelty shop and gaming
room in NC (Neighborhood Commercial District).
FILE: 2273-P
___
STAFF REPORT
Staff recommends denial of the request.
In October of 2014, a Specific Use Permit for a gift shop / game room, was granted to the
property owner for the property located at 3890 Highland Avenue. Soon after, the
property owner at that time was found guilty of criminal activity and the gaming license
was revoked.
As two (2) years have passed since the property was granted a Specific Use Permit, a new
application is required for these uses. Mr. Karediya has purchased the property and
would like to again open a novelty shop / game room at 3890 Highland Avenue. The
business would be open Monday through Saturday from 7am to 10pm and Sunday from
9am to 9pm. The gift shop would be at the front of the store, and a separate room at the
rear of the store would contain 40 eight-liner machines. Mr. Karediya states that the
gaming room would be private and accessible only through membership.
Alice Keith Park is across the intersection of Highland Avenue and Brockman Street, and
the areas to the east and west, and the majority of the surrounding properties, are all
residential. In addition, a church and school are proximate to this location. Given this
adjacent land use and the history of a similar use in the past, a Gaming Facility would not
be appropriate at this location.
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 21
Responses in Favor Responses in Opposition
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Tract A, Block 50, Jef Chaison 2nd Addition, Beaumont, Jefferson County, Texas,
containing 0.55 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
X
within the immediate vicinity;
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
X
adjacent developments;
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
X
property; and,
8. That the proposed use is in accordance with the
Comprehensive Plan. X
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Rahim Karediya
PROPERTY OWNER: Rahim Karediya
LOCATION: 3890 Highland Avenue
EXISTING ZONING: NC (Neighborhood Commercial)
PROPERTY SIZE: ~0.555 acres
EXISTING LAND USES: Commercial/Vacant
FLOOD HAZARD ZONE: X – Area determined to be outside the 500
year flood plain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Vacant NC (Neighborhood Commercial)
EAST: Vacant/Residential NC & RS (Residential Single-Family
Dwelling)
SOUTH: Residential RS
WEST: Residential RS
COMPREHENSIVE PLAN: Conservation and Revitalization
STREETS: Highland Avenue: Secondary Arterial with
60’ right-of-way and 42’ pavement width.
Brockman Street: Local Street with 50’
right-of-way and 20’ pavement width.
DRAINAGE: Curb and Gutter & open ditch
WATER: 6” Water lines
SANITARY SEWER SERVICE: 8” Sanitary Sewer lines
PROPERTY OWNERS NOTIFIED WITHIN 200'
DIAMANTIS INVESTMENTS LLC
EGLAND RAYMOND (DECEASED)
EVERITT A A
FARSHAD MANOUCHEHR
GEORGE CELESTE A
GUILLORY HAL
HENRY CHARLIE W JR ET UX
JOHNSON ALVINEE
JUDGE TAMIKO & MAXINE SAVOY
LE KIM PHUONG
MENDIETA MIGUEL
PHAN ANDY D
PILLSBURY HOMER JR
REALTY INCOME PROPERTIES 22
RODRIGUEZ JUAN CARLOS & RAQUEL
SHELANDER SCOTT F
WRIGHT MCGREGOR