2011-46 REZONING PROPERTY - 3710 NORTH GREENSWITCH ROAD

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DEVELOPMENT SERVICES MEMORANDUM No. 11-36 August 10, 2011 TO: Honorable Mayor Michael T. McElroy and City Council FROM: Ryan P. McCrady, City Manager Billy Tyus, Assistant City Manager Suzan M. Stickle, Senior Planner Joselyn A. Stewart, Transportation Planner SUBJECT: Rezoning from M-1 Intense Commercial-Light Industrial District to B-2 Commercial District and a Conditional Use Permit for Mixed Use at 3710 Greenswitch Road SUMMARY RECOMMENDATION: Staff recommends approval of the rezoning from M-1 Intense Commercial-Light Industrial District to B-2 Commercial District and a Conditional Use Permit for Mixed Use with the following conditions: 1. Fire separation is required between the residential and commercial areas; 2. A window for the residential area will be required for egress; 3. Separate heating/cooling systems are required for the residential area and commercial area; 4. All aspects of the residential area must be inspected and approved by the Building Inspections Division. The City Plan Commission voted 6-0 to recommend approval of this petition at the August 4, 2011 meeting; the minutes of the meeting are attached. BACKGROUND: 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 has a single-family living space located within a commercial business establishment in an M-1 Light Industrial area. The City of Decatur Zoning Ordinance, as amended, does not permit a single-family residence in the M-1 District. 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 allow 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 existed when he purchased the business. The proposed use is generally compatible with the residential neighborhood to the west and the business provides a service which can be utilized by area residents. Section XXII.A.3. lists three standards that 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."