2011-46 REZONING PROPERTY - 3710 NORTH GREENSWITCH ROAD

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t Excerpts from Plan Commission Minutes of August 4,2011: Cal. No. 11-23 Petition of GEORGE COGSWELL to rezone property located at 3710 NORTH GREENSWITCH ROAD from M-1 Intense Commercial-Light Industrial District to B-2 Commercial District and for a Conditional Use Permit to allow for Mixed Use. Ms. Stickle was sworn in by Mrs. Althoff. Ms. Stickle presented the recommendation of staff: The subject site is developed as George's Skate Center and located at 3710 Greenswitch Road. It has come to City staff's attention that the owner of George's Skate Center is violating the Zoning Ordinance by having a single-family living quarters located within a commercial business establishment. The City of Decatur Zoning Ordinance, as amended, does not permit a single-family residence in the M-1 District in any way. However, this mixed use is allowed in the B-2 District with a Conditional Use Permit(CUP). The petitioner proposes to rezone from M-1 Intense Commercial-Light Industrial District to B-2 Commercial District and also requests a conditional use permit to permit a single-family residence within a commercial business establishment. The skating center has been at the location for a number of years and according to the petitioner the single-family living quarters have already been in existence when he purchased the business. Section XXII.A.3. lists three standards which must be met in order to grant a conditional use permit. The first standard requires the applicant to show that the use is "necessary for the public convenience at the location." The proposed use is generally compatible with the neighborhood to the west and the business provides a service which can be utilized by area residents. The proposed use also meets the second standard. The facility is located and designed to be operated in a manner that the public health, safety and welfare will be protected. This use also meets the third standard. The facility will not cause substantial injury to the value of other properties in the neighborhood. The skating rink has been located at this particular site for a number of years as well as the single-family living quarters and it does not appear to have had an adverse effect on the neighborhood. Based on the analysis, staff recommends approval of the rezoning and conditional use permit as submitted with the following conditions: a. Fire separation is required between the residential and commercial areas; b. A window for the residential area will be required for egress; c. Separate heating/cooling systems are required for the residential area and commercial area; d. All aspects of the residential area must be inspected and approved by the Building Inspections Division.