HomeMy WebLinkAboutItem IIIItemIII-CUP 135 Church Av 1
PLAN COMMISSION STAFF REPORT SEPTEMBER 4, 2007
ITEM III: CONDITIONAL USE PERMIT FOR A MIXED USE DEVELOPMENT WITH
UPPER FLOOR RESIDENTIAL USE AT 135 CHURCH AVENUE
GENERAL INFORMATION
Applicant: Barbara Young, B. Young Fine Consign
Owner: D&M Rentals, LLC
Action Requested:
The petitioner is requesting a Conditional Use Permit (CUP) to allow a mixed-use development within the
C-3 Central Commercial District at 135 Church Avenue. The mixed-use development is proposed to be
comprised of first floor retail with residential living units above.
Applicable Ordinance Provisions:
Section 30-26: C-3 Central Commercial Zoning District requires conditional use approval for all mixed
commercial/residential uses. Criteria used for Conditional Use Permits are located in Section 30-11 (D) of
the Zoning Ordinance.
Property Location and Background Information:
The subject property is approximately 9,000 square feet in size and is located on the south side of the 100
block of Church Avenue, approximately 800 feet east of Jackson Street and 300 feet west of Division Street.
It is located within a mixed-use neighborhood that is predominately institutional, commercial and mixed-use
in character. The existing structure located on the site is a 2.5 story stone structure built in 1920 that is
currently used as a 5-unit apartment building (2 units on 1st floor, 2 units on 2nd floor & 1 unit on top floor).
Subject Site
Existing Land Use Zoning
Multi-Family Residential C-3
Adjacent Land Use and Zoning
Existing Uses Zoning
North Commercial – Funeral Home C-3
South Institutional/Commercial-Parking Lot C-3
East Single-Family Home C-3
West Mixed-use –Commercial/ Residential C-3
Comprehensive Plan Land Use Recommendation Land Use
10 Year Land Use Recommendation Mixed Downtown
20 Year Land Use Recommendation Mixed Downtown
ItemIII-CUP 135 Church Av 2
ANALYSIS
The petitioner proposes to convert the first floor of the two and one half story building from two rental units
to a retail/consignment establishment. The second and top floor would remain residential with two units on
the second floor and one unit on the top floor. The petitioner is also considering future expansion of the
retail business onto the second floor, if needed, but would retain the top floor unit.
Parking is provided on the street along Church Avenue and on-site within a freestanding garage structure
and within an existing parking area behind the main building. As C-3 Central Commercial Zoning District
does not require parking for commercial uses and stalls are currently provided for the residential uses, the
availability of parking is not a concern to staff.
The proposed mixed commercial and residential uses are consistent with the goals of the Comprehensive
Plan. The City has consistently supported efforts to create mixed-use development downtown. The
commercial element contributes to the vitality of the downtown area and stabilization of the central city tax
base and the living units provide affordable housing proximate to jobs and shopping. It does not appear the
proposed use would have a negative effect on adjacent properties nor will it be out of character with
development in the area or immediate vicinity.
RECOMMENDATION/CONDITIONS
Staff recommends the Plan Commission find the proposed CUP consistent with Section 30-11 (D) of the
Zoning Ordinance.