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

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Excerpts from Plan Commission Minutes of July 1,2010 continued: Plan Commission members should remember that the City's Comprehensive Plan shows the highest and best land use for this property as Retail which could equate out to the City's B-2 Commercial Zoning District. If this property was rezoned to a B-2 Commercial District a property owner would be allowed to construct a 3-story structure without providing any buffer yard landscaping. Currently, the Zoning Ordinance does not require a buffer yard with landscaping adjacent to properties in the County. With the development of the Wal-Mart Shopping Center to the North and the Southeast Plaza development to the East over the last 20 years additional commercial development along Route 121 appears to be a logical extension of this commercial area. The proposed development which includes a commercial (bank facility) development fronting Route 121 is in harmony with the Comprehensive Plan and past development in this area. 1. Based on the analysis, staff recommends approval of the proposed PD Planned Development petition with the following conditions: a. 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. Chairman Anderson reiterated that last month's presentations are in the minutes from the June 3, 2010 Plan Commission meeting. The minutes will be forwarded to Council. Mr. Ed Flynn, representative, was sworn in by Mrs. Poland. Mr. Flynn said the developers are proposing to construct an assisted living facility with a commercial development that would either be a bank or an office/medical facility. This is a facility that is a low impact use. There will be limited deliveries to this facility. Almost one hundred percent(100%) of the residents do not own vehicles. People visiting will create the most amount of traffic to this facility. The building will be very attractive architecturally as well as have attractive landscaping. The facility will be three (3) stories in a horseshoe type shape which makes it more accessible for the residents. The location is desirable since it is near restaurants and shopping for the residents and their families. Mr. Flynn stated he understands the concerns of the nearby residents. The initial drainage design exceeded the City's requirements but has since been modified. Mr. Flynn sent out a letter to the neighbors inviting them to a meeting. There were between twelve (12) and fourteen (14) property owners who attended the meeting which was held on June 24, 2010 at 6:30 p.m. One of the changes is the drainage which has been modified so the detention has a larger capacity and it will drain at a slower rate. Mr. Flynn stated that Mr. Phil Cochran, Professional Engineer, has been asked to join Mr. Bob Dean, with Blank, Wesselink and Cook, to verify the accuracy of the drainage plan. The modification far exceeds the City's requirements. Mr. Flynn said that on June 20th and 22nd there was a significant amount of rain. Mr. Flynn and the developers walked the drainage ways the day after the rains and the landscaping and weeds were still standing upright. They had not been worn down by the four (4) inches of rain. The pasture area where the water drains was being mowed by the neighbors. Mr. Flynn stated that towards the end of the meeting one neighbor said they were pleased with the development as she realizes this type of facility will be low impact use. After looking at the drawings she realizes it will be attractive and relatively maintenance free. Her point was that at some point there is going to be some type of development on the property and she would rather see this type of facility come in rather than another type of development which would have a higher impact use.