2006-57 REZONING PROPERTY - 175 SOUTH 44TH STREET

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not be backing out on 44th Street. The proposed utilities are adequate to serve the development. Based on the above analysis staff recommends approval of the rezoning to PD R-3 Residential Development Plan with the submittal and approval of final site and construction plans. Section XIX of the City of Decatur Zoning Ordinance requires the Plan Commission to hold a public hearing to review the PD plan and report its findings concerning the effect on the comprehensive plan and compliance with the standards of review to the City Council. A motion to forward Cal. No. 06-38 to the City Council for approval is recommended. Mr. Phil Cochran was sworn in by Ms. Jesse. Mr. Cochran stated he was with PWC En ineerin and would be re resentin the g g P g petitioner. Mr. Cochran stated this development is referred to as a cluster development and will be tied together with the same theme as the condos to the north of this development. Mr. Cochran did state that this development will be individual lots and each lot owner will belong to a homeowners association. Mr. Cochran stated there are existing utilities that were extended from the Villas with this development in mind. Mr. Cochran stated he believes this would be an asset to this area and the community. Mr. Terry Smith questioned if this development was targeting 50 years and older would it be a restriction in the convenant. Mr. Cochran stated it will be in the covenant. Mr. Steve John stated his concern for only four(4) homeowners forming a homeowner association. Mr. Cochran stated this has been in several areas around this location; it does not appear to be a problem with the homeowners. Mrs. Mirian Roszell was sworn in by Ms. Jesse. Mrs. Roszell stated she lived at 90 Clubview Place and had concerns about the development. Mrs. Roszell stated that her main concern was the increased traffic to the neighborhood. Mrs. Roszell felt Forth-fourth Street was already becoming quit hazardous and did not think that it would get any better if more homes were added. Mrs. Roszell stated this property was intended for one(1) ownership and it will be adding four (4). Mrs. Roszell's other concern was the green space being ruined. Mrs. Roszell stated that this lot has many beautiful old trees and the former owner put a lot of time into it; she hated to see that destroyed. There were no other objectors present.