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UDO-243

UDO-243. Petitioner: City Attorney’s Office, at the request of City Council Committee

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UDO-243

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  1. UDO-243 • Petitioner: City Attorney’s Office, at the request of City Council Committee • Request: To amend Chapter B of the Unified Development Ordinances to add the use Electronic Sweepstakes Operation to the Table of Permitted Uses (Table B.2.6), establish zoning districts and regulations for those uses, and amortize nonconforming operations by June 30, 2015.

  2. UDO-243 Background • Electronic Sweepstakes Operations typically involve a customer purchasing a prepaid Internet access card used at the computer terminals in the establishment to simulate games of chance; if they prefer, they can purchase the card and have the prize revealed without going to the computer • Currently, we classify Electronic Sweepstakes Operations as a Services, A use • In the City, there are 23 such locations permitted as principal uses; another 3 known locations that operate as accessory uses to another principal use • City locations are known because they are licensed businesses; in County area, locations are unknown

  3. UDO-243 Amendment prepared at the request of the Community Development, Housing and General Government (CDHGG) Committee of City Council There are two (2) versions of the proposed text amendment • Approved by City Council--allows Electronic Sweepstakes Operations as a principal use in the HB zoning district only and prohibits Electronic Sweepstakes Operations as an accessory use. Also, existing sites in HB-S zoning are grandfathered. • Recommended earlier by Planning Board--allows Electronic Sweepstakes Operations as a principal use in the HB, GB, (CB), MU-S, (MRB-S) and (E) zoning districts and as an accessory use in all commercial districts with a two (2) machine limit. Also, existing sites in HB-S zoning are grandfathered. Both Versions 1 and 2 propose amortizing the locations made nonconforming by this ordinance by June 30, 2015

  4. UDO-243 Analysis • Planning staff typically analyzes potential traffic, noise, appearance, environmental and safety impacts in determining the zoning districts to allow a use • For Electronic Sweepstakes Operation uses, there is no/little impact on noise, appearance and the environment • Police Department had little data to determine if there is a concentration of crime incidents or service calls for Electronic Sweepstakes Operations

  5. UDO-243 Analysis • However, there could be parking impact considerations • A 3,500sf Convenience Store has a higher peak traffic volume but a high rate of turnover • The same 3,500sf building converted to an Electronic Sweepstakes Operation could house as many as 40 terminals, creating a need for more parking due to the number of machines and lower rate of turnover • Without the necessary parking, vehicular parking could spill over into the surrounding neighborhood(s)

  6. UDO-243 Analysis • Given the parking concerns, planning staff’s recommendation is that Electronic Sweepstakes Operations should be located only in zoning districts that tend to have larger sites, with larger parking lots (such as HB, and GB) or districts emphasizing shared parking (MU-S) • Parking should be provided at a rate of 1 space/terminal plus 1 space/employee for Electronic Sweepstakes Operations permitted as a principal use

  7. UDO-243 Comparing the Two Versions • Version 2, Recommended by Planning Board October 10: • Defines Electronic Sweepstakes Operations • Allows them as a principal use in HB, GB, CB, MU-S, MRB-S and E zoning districts • Amortizes all operations made nonconforming by adoption of the ordinance by June 30, 2015 EXCEPT those located in HB-S • Allows up to four (4) machines as an accessory use • Parking is provided at 1 space/machine + 1 space/employee (max shift) • Must provide parking or seek an SUP if parking can’t be met in GMA 2 (does not enjoy the Nonresidential Structure Parking Exemption) • 22 of 26 sites in City comply with this version without taking further action

  8. UDO-243 Comparing the Two Versions • Version 1, Approved on December 16 by City Council: • Same as Version 2, Revised EXCEPT: • Electronic Sweepstakes Operations are ONLY permitted in the HB zoning district, and existing uses in HB-S can remain as nonconforming • No machines allowed as an accessory use anywhere • 15 of 26 sites would comply with this version without taking further action

  9. UDO-243 Options for Board to Consider • No action, leave electronic sweepstakes as they are currently classified as a Services A use (Services A are allowed in CPO, GO, NB, PB, LB, NSB, HB, GB, LI, GI, MU-S zoning districts in County jurisdiction) • Adopt Version 1 approved by City Council* • Adopt Version 2 recommended by Planning Board* • Adopt either Version 1 or 2 but without amortization (existing uses made nonconforming can continue as nonconforming) * Administratively difficult unless all existing sites are known

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