The Planning and Zoning Commission will not recommend the Town Council amend the Zoning Ordinance to allow theaters as a permitted use in the C-1 zoning district.

The commission ultimately suggested that the council might consider rezoning some C-1 locations along Shea Boulevard to C-2 that could possibly accommodate a theater.

The Town Council initiated the proposal at the request of Councilman Cecil Yates. Yates cited the town’s General Plan as something that specifically cites theaters as a desirable business.

“There is no specific project in the works,” Yates said, “but this allows more opportunity for smaller projects.”

Yates noted that theaters are essentially retail and would be a good fit in the C-1 district. The C-1 zoning is generally used for neighborhood commercial with proximity to residential areas.

Commissioner Richard Turner noted that the maximum building height allowed in C-1 is 25 feet.

“The theater proposed for downtown required 40 feet in height,” Turner said. “This is an issue that should be considered.”

Commissioner Gene Slechta said he had a similar concern.

“You need to be sensitive to the proximity to residential,” Slechta said. “C-1 is limited to commercial use that is more compatible with residential neighborhoods.”

He suggested looking at rezoning opportunities for Shea property, one at Eagle Mountain Parkway at the Fry’s shopping center, and the second at Saguaro Boulevard.

Commissioner Steven Harris said that none of the C-1 sites in town were compatible as sites for a theater, other than the Fry’s location.

“I agree with (Slechta),” Commission Chairman Lloyd Pew said. “Simply changing the zoning designation doesn’t mean you can do this. There are other considerations such as engineering, parking and building height.”

Turner moved to recommend the council deny the proposed amendment.

“If the interest in the property is legitimate, they can seek rezoning,” Turner said. “It is not a good approach to allow something where the first request must be for a variance.”

The commission carried that motion with a 7-0 vote.

Commissioner Mike Archambault then moved to recommend the council consider rezoning on the Shea Boulevard properties. That also carried 7-0.