Innerlight Surf Shop owner J.B. Schluter wants to put in a Bingo Parlor on his property on Ninth Avenue. A public hearing by the city council will be held tonight to determine whether the land can be rezone to C-2 to allow that use.
Here is the memo from City Manager Al Coby on the issue:
A public hearing must be conducted on January 22, 2009 to consider amending the City’s Zoning Map from C-1 (retail commercial zoning district) to C-2 (commercial district retail) for property located at 6305 North 9th Avenue.
J.B. Schluter is requesting approval to amend the City’s Zoning Map from C-1 (retail commercial zoning district) to C-2 (commercial district retail) for property located at 6305 North 9th Avenue. The purpose of the request is to allow for tenant space to be leased to a proposed Bingo Parlor.
The applicant met with City staff and the determination was made that a Bingo Parlor would not be a permitted use in the C-1 zoning district; it would be allowed in the C-2 district with comparable permitted uses such as bowling alleys, amusement machine complexes, and recreation or amusement places.
The applicant had the option to either appeal the staff determination to the Zoning Board of Adjustment, or seek a zoning change to allow the land use. The Planning Board reviewed the request for a zoning change on December 9, 2008 and arrived at the consensus that bingo parlors should be a permitted use in the C-1 District. The board unanimously decided that they would strongly recommend that the Zoning Board of Adjustment overturn the staff determination that bingo parlors were not a permitted use ill the C-1 district if the applicant chose to appeal that decision. The applicant subsequently met with staff at which time the staff again voiced the concern that bingo parlors are not a permitted land use citywide in the C-1 zoning district.
The applicant has chosen to pursue their original request to amend the City’s zoning map for their parcel from C-1 to C-2, in order to allow a bingo parlor at this location. They have chosen to forego an appeal of the staff’s position to the City’s Zoning Board of Adjustment to request that bingo parlors be considered a permitted use citywide in the C-1 zoning district as recommended by the Planning Board.
Staff supports the applicants request for C-2 zoning as preferable to a citywide designation of bingo parlors as a permitted use in the C-1 district. The property is adjacent to City C-1 zoning to the west and south, and County C-1 zoning to the east and north. City R-1 AA zoning is located north of the property on the opposite side of the Toni Street right of way. There is one parcel located within the City limits on the east side of 9″ Avenue, which is zoned C-2.
The land uses in this area are a mix of residential and commercial, with commercial uses being located along the 9th Avenue corridor. If the rezoning request is approved, any future development will be required to comply with all applicable Land Development Code and building code regulations.
The uses that are permitted by the existing and requested zoning are as follows. Because the City’s zoning is cumulative, the zoning change from C-1 to C-2 would also allow all the uses permitted in the C-2A zoning district. The zoning change would allow bars as a permitted land use; however, the City’s Alcoholic Beverage Ordinance requires that a parcel which is occupied by a bar must be a minimum of 500′ from a residential zoning district. This parcel is within 500′ of residential zoning, therefore, a bar would not be permissible.
