2011-29 REZONING PROPERTY - 2008 EAST DAMON AVENUE

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STAFF REPORT Decatur City Plan Commission COMMON NAME: 2008 East Damon Avenue GENERAL INFORMATION Hearing Date May 5, 2011 Calendar No. 11-13 Property Location 2008 East Damon Avenue Requested Action Rezone from M-1 Intense Commercial-Light Industrial District to R-2 Single Family Residence District Petitioner Brian Burcham LAND USE AND ZONING Direction Existing Land Use Zoning Comprehensive Plan Subject Property Single Family Residence M-1 Low Density Residential North Industrial M-2 Heavy Industrial South Single Family Residence District R-2 Low Density Residential East Industrial Business R-2 Low Density Residential West Single Family Residence District I R-2 Low Density Residential BACKGROUND 1. 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 Heavy Commercial-Light Industrial District. The petition was approved by City Council by a 6-0 vote on March 19, 2001. 2. 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. 3. Staff recommended denial of the petition as proposed. The proposed use was not a desirable land use adjacent to residential property and is 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 a detrimental effect on property values and marketability in a distressed residential neighborhood. 4. Notwithstanding the petitioner's intended use and because zoning runs with the land and not the property owner, rezoning must be judged based on the merits of permitted uses. Staff does not encourage the use of property for storage yards, light manufacturing, truck terminals or car dealerships when located immediately adjacent to residential property on three sides. Staff believes that the proposed rezoning would not create a desirable land use adjacent to the existing residential properties and would not represent a sound land use policy to protect neighborhoods.