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ORDINANCE: O-2004-51
SUBJECT: Rezoning Case Number RZ-04-003
Rezone existing property from the 3-C* (Community Commercial District with conditions) zone district to the 4-C* (Regional Commercial District with conditions) zone district for the purpose of allowing an Amusement Arcade, (eleven (11) or more amusement devices) which is only allowed in 4-C or 5-C Zone Districts.
ADDRESS: 945 South Kipling Parkway
APPLICANT: Brunswick Bowling and Billiards
RECOMMENDATION: The Planning Commission, by a vote of 5-0 at the September 15, 2004 meeting, recommended APPROVAL of this request by City Council. However, the applicant has since expressed concern regarding the hours of operation allowed under the approved 1983 conditional zoning, which are from 8:00 a.m. to midnight. The applicant has requested the Planning Commission re-review the application for rezoning related to the condition regarding the hours of operation. The applicant requests the hours of operation be changed to 8:00 a.m. to 2:00 a.m. on Wednesday, Friday and Saturday evenings as revised conditions for the rezoning case. Staff will work with the applicant to hold a neighborhood meeting prior to another Planning Commission hearing to obtain input regarding the change in the hours of operation. After the new Planning Commission public hearing, the case will be scheduled in the future for City Council consideration. Therefore, Staff recommends that the case be remanded to the Planning Commission for reconsideration of the rezoning request.
SUMMARY AND BACKGROUND OF SUBJECT MATTER: The applicant has applied to the City for a rezoning request to rezone the property located at 945 South Kipling Parkway from the 3-C* (Community Commercial District with conditions) zone district to the 4-C* (Regional Commercial District with conditions) zone district. The original reason for requesting the rezoning by the applicant is to allow for an Amusement Arcade in the game area, which is only allowed in 4-C and 5-C Zone Districts. Only ten (10) or less amusement devices are allowed in the 3-C Zone District.
DATE OF FIRST READING: December 13, 2004
DATE OF SECOND READING: January 10, 2005 (If not remanded to the Planning Commission)
ORIGINATED BY: Tina Dill, Project Manager
STAFF PERSON RESPONSIBLE: Vincent Harris, Planning Manager, 303-987-7516
Tina Dill, Planner I, 303-987-7527
DOCUMENTS ATTACHED: Ordinance O-2004-51
Planning Commission Staff
Report
Notification Letterand
Vicinity Map
Neighborhood Referral Meeting
Summary
Site Plan
Site photos
Letter from applicant
requesting another review by Planning Commission
Minutes of Planning Commission
from September 15, 2004 meeting
Planning Commission Resolution
from September 15, 2004 meeting
SUBMITTED BY:
Tina Dill, Planner I
Vincent Harris, Planning Manager
Frank Gray, Director of Community Planning & Development
REVIEWED BY:
Joni Inman, Director Mayor and City Manager's Office
Michael J. Rock, City Manager
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