2010-57 REZONING PROPERTY - GRAND OAKS ESTATES, LLC - 2225 SOUTH MT. ZION ROAD

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Excerpts from Plan Commission Minutes of June 3,2010: Cal. No. 10-10 Petition of GRAND OAKS ESTATES, LLC, to rezone property located at 2225 South Mt. Zion Road from R-1 Single Family Residence District to PD Planned Development District. Mrs. Joselyn Stewart was sworn in by Mrs. Janet Poland. Mrs. Stewart presented the recommendation of staff: The subject site has a single family residential structure and shed. The property is located at 2225 South Mt. Zion Road. Part of the site was annexed into the City of Decatur on June 18, 2007 and the remainder of the site was annexed into the City of Decatur May 3, 2010. In July 2007, a petition was received.to rezone the east half of the property which is approximately 4.62 acres from R-1 Single Family Residence District to B-2 Commercial District in order to build a commercial development. The petition was withdrawn. In 2007, staff did not feel the rezoning would be compatible with the residential uses in the area and believed that the rezoning of the property could lead to such incompatible uses as: automobile repair service or commercial fabrication, etc. and was not supportive of the proposed development. It was also staff's belief that the piecemeal development of this area could potentially have a negative impact on future retail development and revenue. A straight rezoning could affect the quality of life of area residents. Staff believed a quality planned development would be best for this high potential retail area in the fact that by nature of a planned development, aesthetics are important. Staff wanted to see this area develop in a similar fashion as the Target site which is an aesthetically pleasing development. Staff was also concerned with the resident to the south of the property in that the City had no regulatory control over buffering residential uses that are located in the County. The petitioner proposes to rezone from R-1 Single Family Residence District to PD Planned Development District in order to construct a mixed use development. The petitioner is also proposing to subdivide the two (2) tracts of land which consist of approximately 9.44 acres into four (4) lots. The developer wishes to subdivide the parcels into four (4) lots as shown on the plat due to independent ownership potential for each facility and certain financing requirements for the various uses. The petitioner is proposing a Bank Facility on Lot One (1), a three (3) story 100 unit Supportive Living Facility on Lot Two (2), a one (1) story Memory Care Facility on Lot Three (3) and a Storm Water Detention Area on Lot Four (4). The City of Decatur Zoning Ordinance provides standards for reviewing applications for planned developments. An analysis of the review standards are as follows: a. Compatibility with the character of the surrounding neighborhood and general area. The proposed development is compatible with the character of the area to the north and to the south. It creates a transitional area between an intensive commercial area and a low density residential area. b. Effect on area. The proposed development is expected to have a positive impact on the financial, economic and quality of life for the city as a whole.