2011-79 REZONING PROPERTY - 2048 NORTH WATER STREET - 228-238 EAST GARFIELD

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Excerpts from Plan Commission Minutes of November 3,2011: Cal.No. 11-44 Petition MARGARET BECK-PUGH, to rezone property located at 228-238 EAST GARFIELD AND 2048 NORTH WATER STREET from R-3 Single Family Residence District to B-1 Neighborhood Shopping District. Mrs. Stewart presented the recommendation of staff: The subject site is 28,719 square feet and is located at 228-238 East Garfield Avenue and 2048 North Water Street. The site is currently vacant/undeveloped. The petitioner proposes to rezone from R-3 Single Family Residence District to B-1 Neighborhood Shopping District. At this time there are no plans for development and/or construction of the property. The property is for sale and has been for several years. The subject property is located at the northeast corner of a major intersection and the highest and best use of this property would be commercial which includes those uses permitted in the B-1 Neighborhood Shopping District. B-1 zoning is the least intense commercial district in the Zoning Ordinance and would be the most compatible with the neighboring residential properties. The potential for any residential development at this size of an intersection is very low. The surrounding zoning includes the R-3 Single Family Residence District to the north and east; B-2 Commercial District to the south; R-3 Single Family Residence District and B-1 Neighborhood Shopping District to the west; and B-2 Commercial District to the southwest. The Decatur Urban Area Land Use Plan shows this area as both Residential Low-Density and Retail. The proposed use is compatible with surrounding uses to the south, southwest and west. Staff is not in objection to the proposed rezoning but does want to make it clear that the buildable land area that would be available after all setbacks and buffer yards are considered according to the current Zoning Ordinance would be as follows: a. There are three (3) front yard building setbacks of 25 feet along East Garfield Avenue,North Water Street, and South Drive; b. A rear yard building setback of 25 feet would be required along the north property line. A buffer yard of 18 feet would be required within this 25 foot setback; c. An 18 foot buffer yard would be required along the east property line adjacent to property located at 258 East Garfield Avenue; and d. Another 18 foot buffer yard would be required along the east property line that is adjacent to property located at 3 South Drive. After taking into consideration all of the front yard setbacks and buffer yards there is approximately 11,300 square feet of buildable land area. It should also be noted that buffer yards cannot be varied. Staff recommends approval of the rezoning. A motion to forward Calendar Number 11-44 to the City Council with a recommendation for approval is suggested.