2009-14 REZONING PROPERTY - 3635 EAST U.S. ROUTE 36

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Excerpts from Plan Commission Minutes of March 5, 2009 Cal. No. 09-13 Petition of LAVELLE HiJNT, to rezone property located at 3635 ROUTE 36 EAST from B-2 Commercial District to PD Planned Development District. Mrs. Joselyn Stewart was sworn in by Mrs. Janet Poland. Mrs. Stewart presented the recommendation of staff: The sub'ect site is located at 3635 East US Route 36 and contains a roximatel 3.8 acres and is J PP Y the old Eagle building located in Decatur Plaza. On September 4, 2008 the City Plan Commission voted 8-0 to approve the rezoning from B-1 Neighborhood Shopping District to B-2 Commercial District. The petition was approved by City Council by a 7-0 vote on September 15, 2008. On September 4, 2008 the City Plan Commission voted 8-0 to approve a request to amend the ordinance to allow the Directar of Economic and Urban Development to determine, in the case of multiple front yards, that a front yard may be classified as a rear or side yard for purposes of installing a fence. The item went before City Council on September 15, 2008 and November 3, 2008 both times the motions failed to carry. The amendment would have allowed Mr. Hunt to erect his fence in the front yard setback. City Council had concerns about the lack of landscape screening in between the fence and the property line when a residential neighborhood is across the street such as in the case of Mr. Hunt's property. The petitioner proposes to rezone Lot Two (2) of Decatur Plaza from B-2, Commercial District to PD Planned Development in order to allow a 7 foot fence to remain on the premises in the front yard setback. The PD will include a total of 14 evergreen trees along Fulton Avenue between the property line and the fence line to create a sight break for the neighboring residential properties. The rezoning and the current use are consistent with the intent of the Comprehensive Plan and the Decatur Urban Area Land Use Plan. Staff recommends approval of the rezoning with the following conditions: a. No barbed wire, razor wire, or electric fence may be used or device or thing of any kind or description, designed, intended or liable to injure any person coming on contact therewith. b. The fence must be maintained as a sight break fence. A motion to forward Calendar Number 09-13 to the City Council with a recommendation for approval is suggested. Mr. Dave Anderson asked how the front yard was determined. Ms. Stickle stated a front yard is anything that fronts a public right-of-way. Ms. Stickle read the definition of a front yard as written in the Zoning Ordinance.