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HomeMy WebLinkAbout2217-P DATE: October 20, 2014 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 a Gaming Room in a NC (Neighborhood Commercial) District. FILE: 2217-P ___ STAFF REPORT Staff recommends approval of this request. Andy D. Phan would like to operate a gift shop and gaming facility containing 32 eight-liner machines at 3890 Highland Avenue. Customers would only be able to receive gifts under $5 in value, as prizes. Hours of operation will be from 10am till 9pm Monday through Friday and 12pm through 6pm on Sunday. The store will be closed on Saturday. As long as the game room does not exceed 35% of the gross floor area, parking will be sufficient. If parking should exceed 35% of the gross floor area, parking will need to be increased for the use to be in compliance. 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 32 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract A, Block 50, Jef Chaison 2nd, Beaumont, Jefferson County, Texas, containing 0.555 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: Andy D. Phan PROPERTY OWNER: Andy D. Phan LOCATION: 3890 Highland Avenue EXISTING ZONING: NC (Neighborhood Commercial) PROPERTY SIZE: ~0.555 acres EXISTING LAND USES: Gift shop 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 BEAUMONT DTP II LLC CITY OF BEAUMONT CMP3 ENTERPRISES LLC DANG CHIN EDWARDS RACHEL LYNN EGLAND RAYMOND (DECEASED) EVERITT A A FARSHAD MANOUCHEHR GEORGE CELESTE A GLEASON ELIZABETH ANN GUILLORY HAL HENRY CHARLES JR HENRY CHARLIE W JR ET UX HILL MARVA JOHNSON ALVINEE JUDGE TAMIKO & MAXINE SAVOY LE KIM PHUONG MATA FELIX GUILLEN ET UX MENDIETA MIGUEL OWENS MCKINLEY PELAEZ LUCIA PHAN ANDY D PILLSBURY HOMER JR RODRIGUEZ JUAN CARLOS & RAQUEL RUIZ MARTHA SHELANDER BRETT A VAN THANH PHUOC & HA NGUYEN WRIGHT MCGREGOR