2014-06 REZONING PROPERTY - 1400 BLOCKS OF NORTH ELLEN AVENUE, NORTH OAKLAND AVENUE AND NORTH UNIVERSITY AVENUE

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i Excerpts from Plan Commission Minutes of March 6,2014 Cal.No. 14-06 Petition TODD and CYNTHIA EEL,to rezone from R-3 Single Family Residen e District to B-2 Commercial District located in the 1400 BLOCKS of NORTH ELLEN,NORTH OAKLAND and NORTH UNIVERSITY AVENUES. Ms. Stickle was sworn in by Mrs. Althoff. Ms. Stickle read the recommendation of staff: The subject site is approximately 2.75 acres and is located in the 1400 Blocks of North Ellen, North Oakland and North University Avenues. A majority of the parcels are vacant and have been for a number of years. There are four(4) parcels which are currently developed with single family homes. The petitioner proposes to rezone from R-3 Single Family Residence District to B-2 Commercial District to allow for the construction of a restaurant with a drive up window. A restaurant with a drive up window is a permitted use in the B-2 Commercial District. The surrounding zoning includes B-2 Commercial District to the south and ast and R-3 Single Family Residence District to the north, south, east and west. The Macon County and Decatur Comprehensive Plan shows this area as Residential-Low Density. The pr posed land use and zoning is compatible with adjacent uses to the south. Although the Comprehensive Plan shows this area as residential, there have been a number of these properties left vacant and the potential for redevelopment of these properties to their original use as residential is low. A number of these properties are adjacent to Oakland Avenue which is a state route and a major thoroughfare in the City and not conduci-ve to new residential development. A commercial use fronting a state route and adjacent to a commercial mall is an appropriate use for these properties. If the property is rezoned to B-2 Commercial District and the proposed development occurs, the adjacent properties will have a buffer yard between the residential properties and the development in accordance with the regulations of the Zoning Ordinance. Staff recommends approval of the rezoning. Section XXIX. of the City of Decatur Zoning Ordinance requires the Plan C mmission to hold a public hearing on a rezoning request, and then forward its report and recommendation to the City Council for final approval. A motion to forward Calendar Number 14-06 to the City Council with a recommendation for approval is suggested. Mr. Richard Hopp, representative for the petitioner, was sworn in by Mrs. Al hoff. Mr. Hopp stated that his clients operate Krekels West in the Colonial Mall d that the Colonial Mall is undergoing some changes and his clients would like to construct a stand alone Krekels on the property that was described by staff. Mr. Hopp stated that the prope is located north of