2012-81 REZONING PROPERTY - 1312 NORTH WATER STREET

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DEVELOPMENT SERVICES MEMORANDUM No. 12-53 October 31, 2012 TO: Honorable Mayor Michael T. McElroy and City Council FROM: Ryan P. McCrady, City Manager Billy Tyus, Assistant City Manager SUBJECT: Rezone property from 0-1 Office District and B-2 Commercial District to PD Planned Development District at 1312 North Water Street SUMMARY RECOMMENDATION: Staff recommends approval of the PD with the following conditions: 1.) Final site, landscaping and lighting plans shall be submitted to and approved by the Department of Planning and Building Services, Public Works Department and the Fire Department prior to building permits being released; 2.) A Subdivision Final Plat must be submitted to and approved by the Department of Planning and Building Services, Public Works Department and the Fire Department prior to building permits being released; 3.) The Easement that is currently running underneath the building must be vacated prior to site plan approval; 4.) Hours of operation will be limited to the hours of 5:00 a.m. to 1:00 a.m.; 5.) Square footage of the proposed uses shall not exceed the following: Convenience Store 4,880 square feet; Retail 3,055 square feet; Sandwich Shop/Restaurant 1,625 and Coin Laundromat 2,640 square feet; and 6.) The proposed development will be developed in accordance with an overall design plan approved by the City of Decatur. The City Plan Commission voted 4-3 to recommend approval of this petition at the October 4, 2012 meeting; the minutes of the meeting are attached. BACKGROUND: The subject site is currently undeveloped and is located at 1312 North Water Street. Previously the site was operated as a gas station and vehicle service/repair station for many years before the structure was demolished. The petitioner proposes to rezone property from 0-1 Office District and B-2 Commercial District to PD Planned Development to allow for the construction of a 12,200 square foot mixed use development. The petitioner proposes to develop a retail-shopping strip at this location to include a gas station/convenience store (4,880 square feet), a coin Laundromat (2,640 square feet), sandwich shop/restaurant(1,625 square feet), and retail space(3,055 square feet). Staff originally recommended that alcohol sales of any kind be prohibited at the site. Subsequent discussion has led to the opinion that the question of alcohol sales and related issues both in this neighborhood and others in the city would be better addressed through review of the city's liquor licensing code and store monitoring to ensure compliance. In addition, staff intends to research and review best practices nationwide addressing store density in neighborhoods. The rezoning as presented represents the recommendation approved by the Plan Commission. Access to the property will be off of East Grand Avenue, North Water Street and East Waggoner Street. Adequate landscaping is proposed for the frontage along East Grand Avenue, North Water Street and East Waggoner Street as well as a buffer yard provided to the east of the proposed development along with a six (6) foot site break fence. Adequate landscaping is