2015-39 REZONING PROPERTY 4100 block of Nottingham Drive

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Excerpts from Plan Commission Minutes of August 6,2015: Cal.No. 15-32 Petition of NEW DAY COMMUNITY CHURCH,to amend the R-3 RDP Single Family Residence District Residence Development Plan located in the 4100 BLOCK of NOTTINGHAM DRIVE. Mrs. Joselyn Stewart was sworn in by Mrs. Janet Poland. Mrs. Stewart presented the recommendation of staff: The subject site is located in the 4100 Block of Nottingham Drive and is currently zoned R-3 Single Family Residence District with an RDP Residence Development Plan and consists of approximately 110 acres. The original R-3 RDP was approved by the City Council on April 23, 1969 and has had several amendments since. One amendment approved by City Council on March 19, 1973 designated 22.7 acres as Park land. The amendment went on to state that any proposed use of the 22.7 acre tract presently designated as Park will require an amendment to the Residence Development Plan except that said area may be dedicated to the Decatur Park District without requiring such amendment. To date, it has never been utilized as Park land. On July 9, 2015 the Plan Commission voted to recommend rezoning of the previously mentioned site from R-3 Single Family Residence District to R-6 Multiple Dwelling District. The petition has not been forwarded to City Council because the R-3 RDP has to be amended prior to moving forward. Staff learned the property was in an R-3 RDP upon review of the original ordinances and drawings related to the initial passage of the RDP amendment in 1973. None of our maps had shown this property in an R-3 RDP nor did any of the petitioner's title research or any other documentation. After consulting with Corporation Counsel it was determined that the R-3 RDP would have to be amended prior to the property being rezoned to R-6 by the City Council. The petitioner proposes to amend the R-3 RDP to remove the 22.7 acres from the R-3 RDP. The site was recently recommended by Plan Commission to be rezoned to R-6 Multiple Dwelling District. The R-3 RDP amendment is consistent with the intent of the originally approved R-3 RDP. The R-3 RDP amendment has been reviewed and approved by the City's Technical Review Committee, Planning, Engineering and Fire. Staff recommends approval of the R-3 RDP amendment. Section XIX.G.2. of the City of Decatur Zoning Ordinance requires the Plan Commission to hold a public hearing to review the R-3 Residence Development Plan amendment, and then forward its report and recommendation to the City Council for final approval. A motion to forward Calendar Number 15-32 to the City Council with a recommendation for approval is suggested. Mr. Matt Dial asked if the Park District had any claim on this property. Mrs. Stewart said no. Mr. Bruce Jacobs,representative,was sworn in by Mrs. Poland. Mr. Jacobs said the church owns three (3) parcels. The church is built on one (1) of the parcels which is in the county. They hope to build a duplex on one (1) of the other parcels. Mr. Jacobs stated back in 1973 the amendment was not recorded and the property has been sold twice. Chairman Livingston asked how long the church has owned the property. Mr. Jacobs said twelve(12)years. There were no objectors present. It was moved and seconded (Sotiroff/Myatt) to forward Calendar No. 15-32 to the City Council with a recommendation for approval. Motion carried unanimously.