2003-34 REZONING PROPERTY - 3231 EAST MOUND ROAD

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ECONOMIC AND URBAN DEVELOPMENT MEMORANDUM Memo No. 03-52 June 10, 2003 TO: Honorable Mayor Paul Osborne and City Council FROM: Steve Garm ity Manager A. J. Kriege , ssistant City Manager Dane C. Brag , Planning and Econ ic D velopment Manager� Suzan Stickle, Plannerg;� SUBJECT: Request to rezone 3231 East Mound Road from R-3 Single Family Residence District to B-2 Commercial District SIJMMARY RECOMMENDATION: Staff recommends denial of the rezoning petition. While Staff is supportive of reuse of the site, appropriate controls are necessary to protect the adjoining residential neighborhood. As an alternative to rezoning the property to a B-2 Commercial District, a planned development for the petitioner's use would be compatible with the adjacent neighborhood and surrounding areas. A planned development would also be in harmony with the intent of the Comprehensive Plan. The City Plan Commission voted 9-0 to recommend approval of this petition at the June 5, 2003 hearing; the minutes of the meeting are attached. , BACKGROUND: The subject petition requests rezoning to B-2 Commercial to allow for the ' development of a retail nursery as well as a garden center/coffee shop. The subject site is , ! approximately 3.5 acres and contains an existing structure, non-functioning pool and dilapidated ' miniature golf cowrse. I'here are utilities available at the site. The access to the property is difficult , due to the intersection of East Maund Road and Illinois Route 48. This could create traffic congestion problems in the area if it were rezoned to B-2 Commercial District. The surrounding zoning includes R-3 Single Family Residence District, R-1 Single Family Residence ' District and O-1 Office District. The proposed rezoning is not compatible with the adjacent residential zoning in the area. The creation of a B-2 Commercial District could have a negative impact on the surrounding neighborhoods. Notwithstanding the petitioner's intended uses, rezoning must be judged based on the merits of permitted uses. Rezoning could lead to such incompatible uses as: bar or cocktail lounge; commercial fabrication; gas station or convenience store; commercially zoned property located immediately adjacent to residential property would be detrimental to the neighborhood and surrounding area. The rezoning of the subject property is in conflict with the intent of the Comprehensive Plan. POTENTIAL OBJECTION: There are no known objectors to this petition. STAFF REFERENCE: Any additional questions may be forwarded to Suzan Stickle at 424-2781 or at smstickle(c�decaturnet.org. BUDGET/TIME IMPLICATIONS: None