2011-46 REZONING PROPERTY - 3710 NORTH GREENSWITCH ROAD

Home Browse Search

STAFF REPORT Decatur City Plan Commission COMMON NAME: 3710 Greenswitch Road GENERAL INFORMATION Hearing Date August 4, 2011 Calendar No. 11-23 Property Location 3710 Greenswitch Road Requested Action Rezoning from M-1 Intense Commercial-Light Industrial District to B-2 Commercial District and for a Conditional Use Permit to allow for a mixed use Petitioner George Cogswell LAND USE AND ZONING Direction Existing Land Use Zoning Comprehensive Plan Subject Property George's Skate Center M-1 Light Industrial North Sanitary Sewer Pump Station M-1 Light Industrial South Industrial M-1 Light Industrial East Industrial M-1 Light Industrial West Single-Family Residence R-1 Low Density Residential BACKGROUND 1. The subject site is developed as George's Skate Center and located at 3710 Greenswitch Road. 2. It has come to City staff's attention that the owner of George's Skate Center is violating the Zoning Ordinance 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. However,this mixed use is allowed in the B-2 District with a Conditional Use Permit (CUP). PROJECT DESCRIPTION 1. 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. 2. 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. STAFF ANALYSIS 1. 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.