2004-01 REZONING PROPERTY - 1215 EAST PRAIRIE STREET

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Page 2 of 3 1215 East Prairie Street January 6, 2004 PROJECT DESCRIPTION 4. The subject property is currently developed with a vacant structure located on the premises totaling 2,500 square feet. 5. An auto clean up shop is located at the northeast corner; a laundromat exists at the northwest corner; a convenience store is located at the southwest corner. Single family residences are adjacent to all corners. Although the Decatur Urban Land Use Plan shows this area as Commercial Use and Mixed Use in nature, this intersection has developed as a neighborhood shopping district in character and does not have intense commercial uses. STAFF ANALYSIS 6. Despite the fact that one lot to the north and one lot to the south is zoned B-2 Commercial District, most of the structures surrounding this area are single family structures. Staff is of the opinion that incremental rezoning of property in this particular area would be detrimental to the established residential neighborhood. 7. Staff is of the opinion that the site could be too small for the business the petitioner is requesting. In addition to the normal building setbacks of 25 feet in the front yard,which would effect the property along Jasper Street and Prairie Street, 25 feet rear yard(adjacent to residential property), and five(5) feet on the east side of the property,the property owner would also have to meet landscaping requirements as well as buffer zones of at least ten(10) feet on the east and south sides of the property. 8. Staff does not feel that the proposed rezoning is compatible with the current uses in the area and believes that the rezoning of the property could lead to such incompatible uses as: bar or cocktail lounge; commercial fabrication; or a gas station. STAFF RECOMMENDATION 1. Staff recommends denial of the petition as submitted based on the following: a. The proposed B-2 district is incompatible with surrounding residential uses including the residential properties to the east and south; the B-2 commercial district is not intended for use adjacent to, or as a buffer against, residential properties, b. The current neighborhood shopping designation on three corners of the intersection is consistent with acceptable levels of intensity, activity and the range of permitted uses for a commercial district within a residential neighborhood, c. Property to the north,while zoned B-2, constitutes an island of spot zoning in a contiguous district intended for neighborhood shopping uses; the existence of spot zoning does not justify further rezoning in the area, d. The parcel is of insufficient size to provide adequate developable area while meeting the Zoning Ordinance requirements for setbacks, buffer yards and landscaping, e. There is no shortage of vacant commercial property in the vicinity of the subject property, particularly along the Eldorado Street corridor, f. The property's past illegal use for automobile sales does not justify a prescribed change in land use, and