2011-30 REZONING PROPERTY - 480 NORTH BRUSH COLLEGE ROAD

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Excerpts from Plan Commission Minutes of May 5,2011: Cal.No. 11-10 Petition of BEVERLY A. CHAPPELL, to rezone property located at 480 BRUSH COLLEGE ROAD from R-3 Single Family Residence District to B-2 Commercial District. Mrs. Joselyn Stewart was sworn in by Mrs. Janet Poland. Mrs. Stewart presented the recommendation of staff: The subject site is located at 480 North Brush College Road and is currently developed as a commercial business. Currently, a resale shop is operating out of the commercial building. Prior to the resale shop, the building was occupied by Plaza Printing, Bibb Ribs, Junction Custard and Nicks Greek Cafe. Our zoning maps showed this entire property including the commercial building as R-3, Single Family Residence District. Upon questions by the petitioner as to the zoning of the entire property, staff researched and discovered the portion of the property with the commercial building is actually zoned B-2 Commercial District as it is located on the Western portions of Lots 47 and 48 of Lake Park Place Addition. These lots were rezoned in 1964 in a group tract rezoning stemming from forced annexations. The bottom portion of the tract of land (where the parking lot lies) which consists of Lots 49, 50, and 51 of Lake Park Place Addition were not rezoned at that time and therefore remained R-3 Single Family Residence District. The petitioner proposes to rezone the western 75 feet of the three most southern lots from R-3 Single Family Residence District to B-2 Commercial District in order for the zoning to match up with the commercial zoning of the building. The surrounding zoning includes B-2 Commercial District to the north, R-3 Single Family Residence District and B-2 Commercial District to the west and R-3 Single Family Residence District to the south and east. The Decatur Urban Area Land Use Plan shows this area as Commercial and Residential-Low Density. The existing use is compatible with adjacent uses to the north and west. The rezoning for the southern portion of the property should not have an adverse effect of the surrounding area since it has been a parking lot for many years and the northern part of the property is already commercially zoned and commercial businesses have operated out of this location since the 1960's and it has not appeared to have had an adverse effect on the 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 11-10 to the City Council with a recommendation for approval is suggested. Ms. Beverly Chappell, petitioner, was sworn in by Mrs. Poland. Ms. Chappell stated when she purchased the property she thought it was all zoned B-2. She said there are no residences in the area that it would interfere with. She would like the entire property to be in the B-2 Commercial District. There were no questions and no objectors present. It was moved and seconded (Livingston/Smith) to forward Cal. No. 11-10 to the City Council with recommendation for approval as presented by staff. Motion carried unanimously.