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Home My WebLink AboutPZ2021-129DATE: May 17,2021 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 a GC -MD (General Commercial - Multiple Family Dwelling) District. FILE: PZ2021-129 STAFF REPORT Stephanie Weitzel has requested a Specific Use Permit to allow a gaming facility at 8440 Phelan Boulevard with 30 machines. The hours of operation for the business would be 8 a.m. to 10 p.rn, every day and security will be provided by on site surveillance and a security guard. 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 located six hundred forty (640) feet from Westbrook High school. In addition, it is located at the closest major intersection to the school, requiring that the majority of students going to and from school will pass by this location each day. Beaumont Police were asked to provide feedback as to whether or not calls for service to the Police Department are higher near game rooms. The research showed that Crime, especially auto theft, robbery and violent robbery are much higher neat, these facilities. In addition, the site plan does not show required landscaping per City of Beaumont Ordinance. Due to the risk of increased crime, proximity of Westbrook High school, lack of compliance with landscaping requirements, and incompatibility with surrounding land uses, staff recommends denial of the request. Exhibits are attached. PUBLIC NOTMICATION Notices mailed to property owners 9 Responses in Favor Responses in Opposition LEGAL DESCIM"TION FOR ORDINANCE PURPOSES Being Plat SP-4, Tract 18, A. Houston Survey, Beaumont, Jefferson County, Texas, containing 3.0 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) 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; 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; 3. That adequate -utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 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; 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, finnes, dust, noise and vibration; 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, That the proposed use is in accordance with the Comprehensive Plan. Application Application is in is not in Comments compliance compliance Attached x 947 x x 0 04 x GENERAL INFORMATIONJIUBLIC UTILITIES APPLICANT: Stephanie Weitzel PROPERTY OWNER: Amina Properties L.L.C. LOCATION: 8440 Phelan Boulevard EXISTING ZONING: GC -MD (General Commercial - Multiple Family Dwelling District) PROPERTY SIZE: —3.0 acres EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year flood plain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Utilities RS (Residential Single -Family Dwelling) EAST: Commercial GC -MD (General Commercial - Multiple Family Dwelling District) SOUTH: Commercial GC -MD WEST: Vacant GC -MD COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: Phelan Boulevard - Major Arterial with 100' wide right-of-way and 80' pavement width. N. Major Drive - Major Arterial with 145' wide right-of-way and 64' pavement width. DRAINAGE: Curb and gutter WATER: 16" main in center of no.w. SANITARY SEWER SERVICE: 6" Sanitary sewer line PROPERTY OWNERS NOTIFIED WI"WHIN 200' COMPASS BANK NATIONWIDE DG BROWNSVILLE INC COLE FARNUM W, ETAL ENTERGY TEXAS INC DELAWARE & DOWLEN GROUP LLC AMINA PROPERTIES LLC HOUSING AUTHORITY CITY OF BEAUMONTTX CALVARY TABERNACLE MINISTRIES ENTERGY TEXAS INC Case Typm:Plmnningand Zoning Case Status: REVIEW Case Sub Type: Specific Use Permit Tag Name: Gaming Site Case #:PZ2U21'i29 Initiated Oo:4/1g12O21 7:48:38PK8 Indixidulslisted unthe record: Applicant Stephanie Weitzel 2315|SABELLEST ProLetly Owner Am|nuProperties L|o 711EUNHORBTCT. SOGARLAND'TX7747y CobyDebmom 901FRANKL|NS[ SU\TE80Q Longview, TX777O2 Case Type: Planning and Zoning Home Phone: 34G32287AQ Work Phone: Cell Phone: 34G32287Q0 Home Phone: Work Phone: Cell Phone: Home Phone: Work Phone: Cell Phone: E-Mail: Page 1of4 BEAUMONT Planning & Community Development Legal Description Plat 0P4.TR1B. Abstract 33.&Houston Survey Number mfAcres 3.00 Proposed Use GAMING SITE That the specific use will bm ^ "That the specific use will becompatible with and not injurious bu compatible with and not injurious oo the use and enjoyment ofother property, nor significantly diminish or the use and enjoyment ofother impair property values within the immediate vidni1y.^ pvppmrty, nor significantly diminish or impair property values within the MJKdEntertainment has been inthe entertainment business for the |mmndiatevic|nity past 18years, our business model started out with vending skilled arcade machines such umthe Claw Crane and Sege Prize Locker. VVeestablished great relationships with various businesses through the Houston markets such waahuieriu.convenient stores, and sports bars. Over time, our business mode|geared towards casino style amusements machines, for example few games wevend and operate through the Houston market are Fire Links, |GT.VYMS. and Bailey's. VVohave seen momuch success with these machines mostly in convenient store catering truckers and neighborhood clientele. VVuare collaborating upwith afranchise called Kmozin Market gas station, which has over 8stores across the Houston metropolitan areas, They have allowed us(olease alot m\each oftheir store locations aelong aawemeet certain requirements interms ofdesign and presentation ofour business. VVestrive topresent aluxurious and comfortable environment for our clientele, mowhen Kcomes tu the question |nregards tudiminishing property webelieve our facility will please the city o[Beaumont interms ofcleanliness and unique design concept that will include high -end furniture and fixtures. For example, our facility only uses casino style carpeting inall ofour locations. |naddition, our facility will use lazy boy branded chairs for our customer use. Interior paint used inour facility iumarquees by Home Depot. Our facility does not allow any advertisement onour windows amweallow customers the opportunity view our clean facility 24/7. Kroozin Market gas station has inveated3.9 Million inbuilding u state ofthe art mega private brand gas station, which will include car wash, |aundmmut.and oshopping center. Auour contra Case Type: Planning and Zoning Page 2of4 Planning & Community Development That the establishment cf the specific ~ "That the establishment ofthe specific use will not impede the use will not impede the normal and normal and orderly development and improvement ufsurrounding orderly development and improvement vacant property." ofsurrounding vacant property; |nour package, the City o(Beaumont Will find our survey and site plan, which will outline the total space and sizing ufour project, as per our conversation with AminoProperties they are implying that the facility will have utotal ofSOpole lighting throughout the property for visibility and display /fogrand mega gas station along with the shopping center and car wash. |tiuour understand that our facility being within this beautiful design will not impede the normal and orderly development of the surrounding properties. That adequate utilities, access roads, ^ "That adequate utilities, access roads, drainage and other drainage and other necessary necessary supporting facilities have been orwill bepmvded.^ supporting facilities have been o,will be provided K8JMentertainment has attached adetail proposed water, sanitary, drainage & paving construction plans inour package along with the 8 conditions. |\ will provide all the details necessary for the city of Beaumont Planning and zoning, which outline not only the gaming site but the whole property inits entirety. The design, location and arrangement ^ "The design, location and arrangement ofall driveways and ofall driveways and parking spaces parking spaces provides for the date and convenient movement m[ provides for the safe and convenient vehicular and pedestrian traffic without adversely affecting hugeneral movement mfvehicular and pedestrian public nradjacent dovm|opment^ traffic Auper City ofBeaumont Ordinance 14-823.see 1,adopted EV1014 a) Mogaming sites shall bopermitted k`boplaced within three hundred 0O0feet nfany church, hospital cxschool. (b) The measurement u[the distance between the place of business and the church, hospital orschool shall bodetermined by measurements made inustraight line, without regard tointervening structures orobjects, from the nearest point onthe applicant's property line tothe nearest point ofthe church, hospital orschool property line. NQMEntertainment has provided aguoOlemap image ofdistancing inaccordance the regulations stated above for the Planning and zone deptreview. |naddition, furthermore inour package under the site plan the Planning and Zoning committee will also find all the infrastructure design pertaining tudriveway and parking spaces for the convenient movement ofvehicles and pedestrians, which will not affect the safety ufthe public and adjacent development inthe nearby vicinity. oaomTypo Planning and Zoning Page 3of4 That adequate nuisance prevention ` "That adequate nuisance prevention measures have been rvwill measures have been orwill bntaken botaken \uprevent orcontrol offensive odor, fumes, dust, noise and +nprevent orcontrol offensive odor, vibration." fumes, dust, noise and vibration The site will bmLinder many state and local government agency regulations and weplan hocomply with all city, state, and local laws interms ofpreventing any nuisance. The landlord 7\minoPmperUam^ has contracted a security company named praetorian Service — Houston Security Guard Company to monitor and secure the property 2417.Aoper ourrental, agreement with AminuProperties the cost for this service will hoincluded ioour monthly rent. The gaming site will bafully surveillance from the inside and outside u/ our facility which will bemonitored and recorded 24/7with abackup footage for up(oQOdays. SonKizuhonsuch auodor, fumes, dust, noise and vibration will bo considered incompliance with all State, City, and local laws. Details ofthe agency's and compliance requirements can b*furnished outhe planning and zoning committee upon request. That directional lighting will bm ^ That directional lighting will beprovided uoeunot k`disturb ur provided suaonot todisturb nr adversely affect neighboring pmpwrt|e*.^ adversely affect neighboring Aamentioned previously the site will have 50flood lighting poles properties along with canopy LED lights all around the shopping center for maximum customer exposure aswell oofor the safety ofour uum\omam.VVmfirmly believe that bright lighting will prevent and deter any nefarious criminal behaviors. But most importantly provide our customers the safety tomove around our facility with ease. That there are sufficient landscaping ^ That there are sufficient landscaping and screening (oinsure and screening tuinsure harmony and harmony and compatibility with adjacent pmperty.^ compatibility with adjacent property Attached |nour site plane wewill provided the entire shopping center design That the proposed use is|n ` That the proposed use iainaccordance with the Comprehensive accordance with the Comprehensive plan, Plan MJMEntertainment plans iufollow all design requirements attached inour portfolio along with the above conditions, asw*know these are crucial inthe decision making process for the city officials /nthe planning and zoning dept. Case Type: Planning and Zoning Page 4^f4 MJM Entertainment 8440 Phelan Blvd. Beaumont, TX 77706 (346) 322-8799 ® Stephevonne6993@gmail.com ,tivifies arid Processes MINI Entertainment has a comprehensive guideline when it comes to operational structure for a gaining site. To ensure proper safety for our clients as well as our employees we will discuss a detail plan, that we believe the City of Beaumont will consider being suitable. MJM Entertainment has been in the entertainment business for the past 10 years, our business model started out with vending skilled arcade machines such as the Claw Crane and Sega Prize Locker. We established great relationships with various businesses through the Houston markets such washateria, convenient stores, and sports bars. Over time, our business model geared towards casino style amusements machines, for example few games we vend and operate through the Houston market are Fire Links, IGT, WMS, and Bailey's. We have seen so much success with these machines mostly in convenient store catering truckers and neighborhood clientele. We are collaborating up with a franchise called Kroozin Market gas station, which has over 8 stores across the Houston metropolitan areas. They have allowed us to lease a lot at each of their store locations as long as we meet certain requirements in terms of design and presentation of our business. We strive to present a luxurious and comfortable environment for our clientele, so when it comes to the question in regards to diminishing property we believe our facility will please the city of Beaumont in terms of cleanliness and unique design concept that will include high -end furniture and fixtures. For example, our facility only uses casino style carpeting in all of our locations. In addition, our facility will use lazy boy branded chairs for our customer use. Interior paint used in our facit facility does not allow any advertisement on our windows as we a] our clean facility 24/7. K.roozin Market gas station has invested 3.9 Million in building a sl station, which will include car wash, laundromat, and a shopping c our obligation that we cannot diminish or impair property value of g site will be fully surveillance from the inside and outside of recorded 24/7 with a backup footage for up to 30 days. ughout the normal business day, Each employee will have their tth operations is ran. Employee I will be an attendant who will machine troubleshooting. Each day the MJM Entertainment will n ure safety for our customers a patrol security guard will be on site ule person nel who will always be inside the store. The security guards storuc stoniers, and maintaining a post near the entryway. We will also have ,-e the store is sanitized and cleaned every hour. We have adopted the our staff and employees. Mask will be available at all times for Sanitizer station will be allocated in the front and rear of the gaming and employees. Rsecl ire active 24/7 in our facility. Tire provider for the security alarm will be vector V'Oorfralam'isystem will consist of a control panel located near the posting of the security guard. In addition, we provide our employee with a wristwatch panic button. This will ensure proper safety protocol just in case if the security guard is in restroom. Operational Activities -Opening Time Sam Arrival Sam _Sccurity Cashier Attendant Sam -Employee Sam -Cleaner -Closing Process 9:30prn employee will start machine reading Security Secure doors lOpm security will lock the doors and escort all customers to the parking lot. -All staff will exit together out of the facility 10:30 pm 510 6' 4' RES OOM 0 ICE L -i 1141 29 F- .1 8j 2j L7j ill F-.1 6j c I oj -I L5j �9-1 L4J LJ -1 f-. L8 -1 19'-6 3/4' 3j 6 OPEN AREA/ OAMNQ AREA 2 F 5 Oi 4 F, 9 L �3 L� i F- - I 8j L J �7J - I L 9-3 1/4' V-3 UV Z2021-129: Request for a Specific Use Permit to allow a gaming site in an GC -MD (General ommercial — Multiple -Family Dwelling) District. pplicant: Stephanie Weitzel ocation: 8440 Phelan Boulevard 0 100 200 300 400 1 1 1 1 1 1 Feet