2011-29 REZONING PROPERTY - 2008 EAST DAMON AVENUE

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Excerpts from Plan Commission Minutes of May 5,2011: Cal. No. 11-13 Petition of BRIAN BURCHAM, to rezone property located at 2008 EAST DAMON AVENUE from M- 1 Intense Commercial-Light Industrial District to R- 2 Single Family Residence District. Mrs. Stewart presented the recommendation of staff: The subject site is located at 2008 East Damon Avenue and is currently developed with a single family structure on 0.83 acres On March 1, 2001 the City Plan Commission voted 7-1 to approve the rezoning from R-2 Single Family Residence District to M-1 Intense Commercial-Light Industrial District. The petition was approved by City Council by a 6-0 vote on March 19, 2001. At the time, the petitioner proposed to rezone the 1.93 acre tract from R-2 to M-1 to operate a filter media service from the site. The petitioner proposed to construct a 1,600 square foot office building and a 3,200 square foot warehouse. Staff recommended denial of the petition. The proposed use was not a desirable land use adjacent to residential property and was inconsistent with the intent of the land use plan. Staff believed that the proposed rezoning, while increasing the values of the subject property, would have had detrimental effect on property values and marketability in a distressed residential neighborhood. The petitioner proposes to rezone Lot 44 of Greenwich Gardens from M-1 Intense Commercial- Light Industrial District to R-2 Single Family Residence District in order to construct an addition to his residence. As it stands now, theetitioner is unable to obtain a building permit for an p gp Y kind of additions to his home since it is zoned M-1 and residential structures are not an allowed use in the M-1 District. The west 40 feet of Lot 42 and all of Lot 43 will remain zoned M-1 Intense Commercial-Light Industrial District. The surrounding zoning includes M-2 Heavy Industrial to the north, R-2 Single Family Residence District to the west and south and M-1 Intense Commercial-Light Industrial District to the east. The Decatur Urban Area Land Use Plan shows this area as Residential-Low Density with Heavy Industrial to the north only. The existing use is compatible with adjacent uses to the west and south and east of their business. The rezoning for the this property should not have an adverse effect of the surrounding area since it had been previously zoned residential for many years 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 11-13 to the City Council with a recommendation for approval is suggested. Mr. Steve John entered the meeting at 3:07 p.m.