2004-01 REZONING PROPERTY - 1215 EAST PRAIRIE STREET

Home Browse Search

Excerpts from Plan Commission Minutes of January 6, 2004 Cal. No. 04-01 Petition of JOHN FORT AND LEONARD HOSTETLER, to rezone the premises at 1215 East Prairie Avenue from R-5 Two Family Residence District and B-1 Neighborhood , Shopping District to B-2 Commercial District for the operation of a Used Car Sales Lot. Mrs. Joselyn Stewart was sworn in by Ms. Jesse. Mrs. Stewart gave the following recommendation of the staff. On July 3, 2003 the City Plan Commission voted 5-3 to approve a rezoning of.48 acres (20,720 square feet) for a used car lot at the southeast corner of Jasper Street and Prairie Avenue. The rezoning was heard in front of City Council on July 21, 2003 where the motion failed to pass with a 3-3 vote, due to the absence of one of the City Council members. Because of the tie vote, the City Council granted permission to the property owner to refile a petition for rezoning within one year. The petitioner proposes to rezone three and one half lots totaling .48 acres, to B-2 Commercial District. The petitioner indicated he would like to use the property for a used car lot. Access to the property will remain the same along Jasper Street and Prairie Avenue. The subject property is currently developed with a vacant structure located on the premises totaling 2,500 square feet. An auto clean up shop is located at the northeast corner; a laundromat exists at the northwest corner and 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. 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. Staff is of the opinion that the site could be too small for the business the petitioner is requesting. In addition to the building setbacks (two (2) front yards) and the required setbacks adjacent to residential property, the property owner will also have to meet landscaping requirements including buffer yards of at least ten(10) feet on the east and south sides of the property.