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

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DEVELOPMENT SERVICES MEMORANDUM No. 11-62 November 16, 2011 TO: Honorable Mayor Michael T. McElroy and City Council FROM: Ryan P. McCrady, City Manager Billy Tyus, Assistant City Manager Suzan M. Stickle, Senior Planner Joselyn A. Stewart, Transportation Planner SUBJECT: Rezone from R-3 Single Family Residence District to B-1 Neighborhood Shopping District for property located at 228-238 East Garfield Avenue and 2048 North Water Street SUMMARY RECOMMENDATION: Staff recommends approval of the rezoning from R-3 Single Family Residence District to B-1 Neighborhood Shopping District. The City Plan Commission voted 5-0 to recommend approval of this petition at the November 3, 2011 meeting; the minutes of the meeting are attached. BACKGROUND: 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 also up 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 rezoning is compatible with surrounding zoning 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;