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HomeMy WebLinkAbout2415-PDATE: September 9, 2020 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: 2415-P STAFF REPORT Jisan Makanojiya has requested a Specific Use Permit to allow a gaming facility at 4705 Magnolia Avenue. The applicant wishes to have 50 gaming machines at this location. The hours of operation for the business would beg a.m. to 10 p.m. Security will be provided by on site surveillance. There was no mention of which age groups would be allowed in certain areas or for what time periods. 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 immediately adjacent a residential neighborhood and residential single-family dwellings and is within the vicinity of the Lucas Pre-K Center. 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 27 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 1-4, Block 2, Hegele Addition, Beaumont, Jefferson County, Texas, containing 0.482 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT {SECTION 28-26X, ZONING ORDINANCE Conditions: Application Application is in is not in Comments compliance compliance Attached 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 INFORMATIONIPUBLIC UTILITIES APPLICANT: Jisan Makanojiya PROPERTY OWNER: Faheem Khuwaja & Srinivas Davu LOCATION: 4705 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)fRS 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 fight -of -way and 18' pavement width. DRAINAGE: Curb and gutter on Magnolia Avenue, open ditch along Tyler Street. WATER: 12" Water Iine SANITARY SEWER SERVICE: 8" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' ABOVE PAR LLC BARRANCO SAM S BELL DAVID W & DONNA K CAMARGO ARMANDO CARRINGTON JETHRO ROGERS DAVIS RONNIE GLENDELL SR DAVU SRINIVAS FERNANDEZ MARCELLA GARCIA ELIJIO & MARI DOLORES GLOBAL ONE ENTERPRISES GREEN ASHLEY GUILLORYJOSEPH R HAFFAN INC LANDRY ANTIONETTE LE DAY ALVIN SR MATHEWS FREDDIE NAZS ENTERPRISES INC NEW MARVI LLC RESENDIZ NESTOR & HERLINDA ROY DONNA THIBODEAUXJUNE WALTER PRESTON SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANTS NAME: J I SAN MA'KAN OJ IYA APPLICANT'S ADDRESS:35 CADENCE CRT., RICHMOND, TX 77469 APPLICANT'S PHONE #: (281)782-3658 NAME OF PROPERTY FAX #: FAHEEM KHUWAJA �j A �1tA\ V L) ADDRESS OF PROPERTY OWNER:4705 MAGNOLIA AVE., BEAUMONT, TX 77701 LOCATION OF PROPERTY:4705 MAGNOLIA AVE., BEAUMONT, TX 77701 LEGAL DESCRIPTION OF PROPERTY: LOT NO,1, 2, AND 3� L4 OR BLOCK NO.2 ADDITIONHEGELE V 3, 150 MRJCT NUMBER OF ACRES 0.5 TRACT PLAT, SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: SITE t? ZONE ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 ''/2" X 11f ° PHOTOCOPY OF THE SITE PLAN. THE. EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION I+EE: LESS THAN'/2 ACRE ................ ................................................. $250.00 /z ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approved by City Council. r SIGNATURE OF APPLICANT: SIGNATURE OF PROPERTY PLEASE TYPE OR PRINT AND SUBMIT FILE NUMBER: 24 V�)— CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 6/17/2020 6/17/2020 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Game Room Processes and Activities Processess and Activities: The following staff will be conduction daily tasks throughout the day. Sam -- Security Personnel will open the building and deactivate store alarm. In addition the security role will be to make sure the patrons as well as staff are safe. Security will be on premise 24 hours/ 7 days a week on duty to ensure the property is well guarded and patrolled every hour. Security will maintain a log book noting all observations and incident reports. 8:30 am — Cleaning personnel will sanitize and vacuum the store 2 times a day, 9:00 pm -- Game room attendant will count their register and assist customers with change request. Attendant is only required to give customers change ONLY. Attendants throughout the day will be required to insure all permits and decals are properly inventoried on a daily bases. Compliance folder should be readily available upon the request of code enforcement arrival on premise 1Opm- gaming site is closed and doors are locked and all patrons and staff are to exit the building except Security personnel. CONDITIONS 1, The specific use will be compatible with other properties around the vicinity. The specific usage will not be injurious to the use and enjoyment of other properties, nor will it diminish or impair property values within the immediate vicinity, 2. The establishment of the specific use will not impeded the normal and orderly development and improvement of surrounding vacant properties. 3. The facility is adequate for utilities, access roads, drainage and other necessary supporting facilities. All the proper signage are displayed and will be confirmed upon the inspection from City of Beaumont Fire Marshall, Electrical, and Building Code enforerncent. 4. The design, location and arrangement of all driveways and parking spaces provided are safe and convenient for pedestrians and the general public. The driveway is painted and labeled for proper vehicle movement in and out of the parking lot. 5. Proper trespassing, lottering, and other applicable signs are in place to prevent nuisance for odor, fumes, and noise disturbances. b. The facility is equipped with high powered LED lighting for maximum light coverage all around the building. The lighting will be directional so that it will not disturb or adversely affect the neighboring properties. 7. Biweekly our facility has landscaping and grasscutting services to insure harmony and compatibility with adjacent properties. Our landscaping vendor is Albert Landscaping services in Beaumont, tx. 8. The proposed use is in accordance with the comprehensive plan and will be validated during the monthly meeting. Anderson Streeet (oko — Tyler Street) Q- - alnlink 5' S'DE SET RACK 24-00 av O O O5 m O o •' n eaze �� �'', b `©h. _ b ,;•.,; tz U wZ .. �� ❑ o € N A. of -• rs - " no n � r c �a -E � E of 2 n16 OY ry � O C o n C T gT 3Q 0 t f d n O a �' �r—ir g� • n�33 0 m a uvo _v, W n�Q R° ' A n � oho �a M 3°3 e �a g `-• n �L 'n � � m C') 415-P: Request for a Specific Use Permit to allow a Gaming facility in a GC -MD (General Commercial -, Multiple Family Dwelling) District. Applicant: Jisan Makanojiya Location: 4705 Magnolia Avenue 0 100 200 Feet GC-MDG0'IVY© LW Ili .. mar �� __�•�: ,{:. - .. _�. t�' f°:��- ... „ p _ ' tiS, 40 RM-F-1 it ,� - r .�': 4 r�, � ��� , r `, `i •� rr MD .r�x(.2,�.i� � T� Yam- � .Cj�' � A "�''^�•