File #: 22-6226    Version: 1 Name: PH and Ordinance - Z0822-0252 - CUP Game Machines
Type: Agenda Item Status: Failed
File created: 9/15/2022 In control: City Council
On agenda: 10/3/2022 Final action: 10/3/2022
Title: Conduct a public hearing and consider an ordinance for Zoning Application No. Z0822-0252, submitted by Shahbaz Ali Syed, for a change of zoning from Commercial with Special Permit (Ordinance No. 1027) within the Skyline Logistics Hub Overlay to Commercial with Special Permit (Ordinance No. 1027) within the Skyline Logistics Hub Overlay with a Conditional Use Permit to allow a Game Room with three coin-operated game machines, located at 3828 East U.S. Highway 80. (No responses in favor or in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval with certain stipulations.)
Attachments: 1. Staff report and maps, 2. P&Z minutes, 3. Ordinance

Title

Conduct a public hearing and consider an ordinance for Zoning Application No. Z0822-0252, submitted by Shahbaz Ali Syed, for a change of zoning from Commercial with Special Permit (Ordinance No. 1027) within the Skyline Logistics Hub Overlay to Commercial with Special Permit (Ordinance No. 1027) within the Skyline Logistics Hub Overlay with a Conditional Use Permit to allow a Game Room with three coin-operated game machines, located at 3828 East U.S. Highway 80.

(No responses in favor or in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval with certain stipulations.)

 

Body

The applicant requested to have a game room with three game machines at the same location as an existing convenience store. The business also includes fuel sales. The Zoning Ordinance requires game rooms to have at least two restrooms, one each for males and females. The applicant has two restrooms, but one can only be accessed from the exterior of the building and the other can only be accessed by going through a storage room. The convenience store is approximately 900 square feet in area.

 

On September 12, 2022, the Planning and Zoning Commission voted 6 to 1 (Ms. Arnold dissenting) to approve Application No. Z0822-0252, for a change in zoning from Commercial with Special Permit (Ordinance No. 1027) within the Skyline Logistics Hub Overlay to Commercial with Special Permit (Ordinance No. 1027) within the Skyline Logistics Hub Overlay with a Conditional Use Permit to allow a Game Room with the following condition:

 

No more than two game machines.

 

Recommended/Desired Action

Following the public hearing, staff recommends denial of the ordinance. It is staff’s opinion that the request does not meet the criteria for a Conditional Use Permit.

 

Attachment(s)

Staff report and maps

P&Z minutes

Ordinance

 

Drafter

Jeff Armstrong

 

Head of Department

Jeff Armstrong