2012-38 REZONING PROPERTY - 1600 BLOCK OF EAST NORTH STREET

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'Excerpts from Plan Commission Minutes of June 7,2012: Cal. No. 12-15 Petition of GARY HAINES to rezone property located in the 1600 Block of East North Street from R-5 Two- Family Residence District to R-6 Multiple Dwelling District. Ms. Suzy Stickle was sworn in by Mrs. Janet Poland. Ms. Stickle presented the recommendation of staff: The 1.17 acre subject site is located in the 1600 Block of East North Street. It is bounded by East North, South 16th and South 17th Streets and an alley. Approximately 60 percent of the block is developed with parking lots and the other 40 percent is developed with single family residences. The petitioner proposes to rezone from R-5 Two Family Residence District to R-6 Multiple Dwelling District in order to redevelop the commercial property to the north of the alley. In order to redevelop the property north of the alley located in the 1600 Block of East Eldorado Street, the Zoning Ordinance requires a buffer yard from the R-5 district. The alleyway would not be able to be utilized for vehicular movement to get in or out of the proposed redevelopment property or to the parking lot to the south if the buffer yard is required along the entire site. A buffer yard is still required adjacent to the residential uses regardless of the zoning. The surrounding zoning includes B-2 Commercial District to the north, B-1 Neighborhood Shopping District to the west, and R-5 Two Family Residence District to the south and east. The Decatur Urban Area Land Use Plan shows this area as Residential-Low Density, however, staff believes rezoning to a more intensive residential district will not have an adverse effect on the surrounding area as it would create a good transition between the commercial district and the two family residential district. The existing uses are compatible with the allowed uses in the R-6 Multiple Dwelling District. The rezoning of this property to R-6 Multiple Dwelling District should not have an adverse effect of the surrounding area. Staff recommends approval of the rezoning. Section XXIX. of the City of Decatur Zoning Ordinance requires the Plan Commission 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 12-15 to the City Council with a recommendation for approval is suggested. Mr. Matt Dial asked if the area to be rezoned was from the alley to East North Street. Ms. Stickle said yes. Mr. Dial asked if the three houses would be rezoned along with the two (2) parking lots. Ms. Stickle said that is correct. Ms. Stickle said the area is basically being rezoned to a higher intensity residential district which is essentially being done for the buffer yard. Mr. Phil Cochran, representative, was sworn in by Mrs. Poland. Mr. Cochran stated when the new Zoning Ordinance was adopted ten (10) years ago it did not have provisions for buffer yards. The rezoning of this area is a means to enable Mr. Haines to redevelop the property of East Eldorado Street without the buffer yard requirement. Mr. Haines intent is to build a Subway. Mr. Haines has talked to the neighbors in the area to make sure they did not have any concerns and also assured them the alley is not being vacated. There were no objectors present. It was moved and seconded (Livingston/Myatt) to forward Cal. No. 12-15 to the City Council with recommendation for approval as presented by staff. Motion carried unanimously.