2018-31 Granting Conditional Use Permit 5130 Hickory Point Frontage Road

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Excerpts from Plan Commission Meeting of July 5,2018: Case No. 18-24 Petition of CHRISTINA LY, for a Conditional Use Permit in the B-2 Commercial District to allow for mixed use—residential and any combination of office and/or commercial in one building located at 5130 HICKORY POINT FRONTAGE ROAD. It was moved and seconded(Frantz/Myatt)to forward Case No. 18-24 to the City Council with a recommendation for approval as set forth in the staff report. Mrs. Stewart discussed and presented slides of the site and surrounding properties (available for viewing upon request) along with the recommendation of staff: The subject site contains a multi-story 14,895 square foot commercial building with office units and an attached garage on an approximately 1.07 acre site on the northeast corner of Interstate 72 and State Route 51. This subject site is zoned B-2 Commercial District. The subject petition is a request for a Conditional Use Permit to allow for mixed use—residential and any combination of office and/or commercial in the existing 3-story office building with multiple tenants in the B-2 District. Some of the office units are proposed to be converted to residential units. The petitioner proposes to have eight(8) commercial units ranging from 300 square feet to 2,400 square feet orr the I"floor and six (6) studio residential units ranging from 200 square feet to 745 square feet on the 2"d floor. There is currently a 4,000 square foot commercial unit in the basement that the petitioner wishes to convert into six (6) residential units in 2021. Staff supports the requested Conditional Use Permit for a proposed mixed-use development of residential/commercial units as it will help to better serve the northern part of the community. According to Section XXII.A.3. there are three standards which must be met in order to grant a Conditional Use Permit. The first standard requires that the use be "necessary for the public convenience at the location."The proposed use is generally compatible with the surrounding area and the mixed-use development will provide residential and commercial units for area residents and businesses in the northern part of the community. The location of the subject site allows easy access to Interstate 72 or Route 51. However, in keeping with the recommended use of the site for retail in the Comprehensive Plan and considering the surrounding uses, staff is of the opinion that the primary use of the building should remain as commercial. No more than 50% of the units should be residential. Depending on the final number of office and residential units,adequate parking has to be provided that meets the minimum off-street parking requirements for both types of uses. The proposed use also meets the second standard. The facility is located and designed to be operated in a manner in which the public health, safety and welfare will be protected. If the Conditional Use Permit is approved for three (3) or more residential units, the building would be classified as commercial with residential usage. Therefore, according to Section 903.2.8 of the 2009 International Building Code, all residential units must be protected with an automatic sprinkler system.