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2003-34 REZONING PROPERTY - 3231 EAST MOUND ROAD
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2003-34 REZONING PROPERTY - 3231 EAST MOUND ROAD
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1/28/2016 3:02:51 PM
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Resolution/Ordinance
Res Ord Num
2003-34
Res Ord Title
REZONING PROPERTY - 3231 EAST MOUND ROAD
Approved Date
6/16/2003
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Mr. Ed Flynn,Attorney,was sworn in by Mrs. Henderson. <br /> Mr. Flynn spoke for the petition representing Mr. Walker, stating that petitioner was not <br /> agreeable to a planned development. He provided an example of the Walgreens that had been <br /> proposed at King and Fairview as the building was a prototype drugstore and would work as a <br /> planned development. Mr.Flynn stated that Mr. Walker's business, a nursery, is a family <br /> business and if he became disabled the business would cease to operate and there would be <br />' limited marketability. Mr. Walker would not want to burden his family with the property if <br /> anything happened to him. Mr.Flynn stated that petitioner would be investing a quarter of a <br /> million dollars in this property and Decatur would benefit from the sales tax and the <br /> improvements to the property. A drawing by the petitioner of the property was shown to the <br /> Commission. <br /> Mr. Flynn stated that he agreed with staff that the property was in a dilapidated state. There is an , <br /> existing swimming pool and the rest of the grounds are in need of maintenance as well. Mr. <br /> Walker proposes to remove the pool and back hoe and start over. The property borders a <br /> residential area and is surrounded by trees and a creek. The homes adjacent to this property do <br /> not access their properties at the same point of access as Mr. Walker would. <br /> Mr. Flynn stated that across the street is light industrial so he was hard pressed to understand <br /> why this request would not be allowed. He stated that he did not interpret the staff as taking a <br /> hard line against it. Mr.Flynn stated that if something happens to his client he must be able to <br /> sell the property. He stated there would be a site plan with landscaping and lighting submitted to <br /> staff's satisfaction. Mr.Flynn requested support of this petition and stated he believed no one <br /> was present to object. <br /> Mr. Naber asked if there were just one entrance off the county road now. Mr.Flynn answered <br /> yes and stated that there is one entrance to the west. Mr. Walker had sp�ken with Bruce Bird of <br /> the County and Mr. Bird had verbally agreed to an entrance and a second curb cut. <br /> Mr. Sharpe asked if Mound Road were widened would it encroach on the existing site. Mr. <br /> Flynn stated that part of the existing miniature golf course is on the county line. If the road were <br /> widened it would not affect this property. <br /> Mr. Sharpe stated that if the nursery business did not do well and the petitioner sold the property, <br /> the rezoning would allow other uses which are of concern to staff. Mr.Flynn stated that a new <br /> person would face the same issues and submit a site plan. He stated that his client's business is <br /> successful now. <br /> Mrs. Sands asked if staff had looked at the plan that was shown to the Commission and if it met <br /> requirements. Mr. Flynn stated that the plan submitted was not a formal site plan but the <br /> development resembles it. <br /> Mrs. Peck asked if there would be landscaping across the street from the nursery. Mr. Flynn <br /> answered no. <br /> Mr. Bragg stated that staff had reviewed this plan during initial discussions when a planned <br /> development was also discussed. Petitioner withdrew their request after comments from staff <br />
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