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

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ECONOMIC AND URBAN DEVELOPMENT MEMORANDUM No. 09-17 March 11, 2009 TO: Honorable Mayor Michael T. Carrigan nd City Council FROM: Ryan P. McCrady, City Manager �i ' Greg C. Crowe, Assistant City Manage�j Suzan M. Stickle, Senior Planner 5;�5 Joselyn A. Stewart, Transportation PlannerS�,,,s SUBJECT: Rezone from B-2 Commercial District to PD Planned Development at 3635 East US Route 36 SUMMARY RECOMMENDATION: Staff recommends approval of the rezoning petition with the following conditions: (1.) 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 and (2.) The fence must be maintained as a sight break fence. The City Plan Commission voted 7-0 to recommend approval of this petition at the March 5, 2009 meeting with the following condition: (1.) The fence must be maintained as a sight break fence. The City Plan Commission did not recommend adding the condition that, "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." The minutes of the meeting are attached. BACKGROUND: The subject site is located at 3635 East US Route 36 and contains approximately 3.8 acres and is 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 I Council by a 7-0 vote on September 15, 2008. I On September 4, 2008 the City Plan Commission voted 8-0 to approve a request to amend the ordinance to allow the Director 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.