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

Home Browse Search

DEVELOPMENT SERVICES MEMORANDUM No. 10-60 July 14, 2010 TO: Honorable Mayor Michael T. McElroy and City Council FROM: Ryan P. McCrady, City Manager Greg C. Crowe, Assistant City Manager Suzan M. Stickle, Senior Planner Joselyn A. Stewart, Transportation Planner SUBJECT: Rezone from R-1 Single Family District to PD Planned Development District at 2225 South Mt. Zion Road (Grand Oaks Estates) SUMMARY RECOMMENDATION: Staff recommends approval of the rezoning to PD Planned Development District with the following condition: Final site, landscaping and lighting plans shall be submitted to and approved by the Department of Planning and Building Services, Public Works Department and the Fire Department prior to building permits being released. The City Plan Commission voted 6-0 to recommend approval of this petition at the July 1, 2010 meeting; the minutes of the meeting are attached. Minutes of the June 3, 2010 Plan Commission meeting are also attached. A written protest has been filed with the City Clerk's office on July 14, 2010 pursuant to Division 13 of the Illinois Compiled Statutes (65 ILCS 5/11-13-14), Decatur City Code Chapter 6, Section 9.C. and the City of Decatur Zoning Ordinance Section XXIX.G.2. This protest will require that two-thirds (2/3) of the City Council must vote yes if they wish to approve the change in the zoning for the aforementioned property. A copy of the written protest is attached. BACKGROUND: 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 The petition was withdrawn.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 stars belief that the piecemeal development of this area could potentially have a negative impact on future retail development and revenue.