2008-97 REZONING PROPERTY - 821 NORTH SUNNYSIDE ROAD

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Excerpts from Plan Commission Minutes of December 4,2008 Cal. No. 08-57 Petition of SUNNYSIDE ROAD CHURCH OF CHRIST to rezone property located at 821 NORTH SUNNYSIDE ROAD from R-1 Single Family Residence District to B-2 Commercial District. Mrs. Joselyn Stewart was sworn in by Mrs. Janet Poland. Mrs. Stewart presented the recommendation of staff: The subject site is located at 821 North Sunnyside Road and is currently developed as a church with approximately 5.49 acres. The petitioner proposes to rezone the one (1) lot from R-1, Single Family Residence District to B-2, Commercial District in order to install a seven (7) foot sign. The maximum height allowed for a freestanding sign in the R-1 District is only five (5) feet. Rezoning to B-2 will allow the church to put up a 35 foot sign which is the maximum allowed height in the B-2 District. The surrounding zoning includes R-1, Single Family Residence D�strict to the east, and the properties to the south and west are in the County and zoned M-1. Th�re is railroad right-of-way located north of the site. The Decatur Urban Area Land Use Plan shows this area as Commercial. The proposed use is compatible with adjacent uses in the surrounding area. The rezoning for a larger sign should not have an adverse effect of the surrounding area. The church has been at this particular site for a number of years and it has not appeared to have had an adverse effect on the neighborhood. The rezoning is consistent with the intent of the Comprehensive Plan and Land Use Map. A place of worship is a permitted use in the B-2 Commercial District. Staff recommends approval of the rezoning. Section XXIX. requires the Plan Commission to hold a public hearing on a rezoning request, and then forward its report and recommendation to the City Council for final approval. A motion to forward Calendar Number 08-57 to the City Council with a recommendation for approval is suggested. Mr. Steve John asked what some of the permitted uses for the B-2 District. He specifically asked if a gas station would be allowed in the B-2 District. Ms. Suzy Stic�Cle said yes. Ms. Stewart gave examples of the types of uses allowed in the B-2 District. �, Mr. John stated the point he was trying to make was that he does notl feel we should rezone for the sake of a sign. He is concerned of other uses for the property if the church decided to sell. He does not object to the sign but he does not feel we should change the zoning just for a sign. Chairman Smith asked if a variance could be done for the sign. Ms, Stickle stated the Zoning Board of Appeal does not have the authority to grant a variance for a sign. Mr. Clevenger asked if the City Council could grant a variance for a sign. Mr. John Robinson stated they do not have authority to grant a variance but they could revisit the sign ordinance. Mr. James Casch, representative, was sworn in by Mrs. Poland.