2002-09 REZONING PROPERTY - 2071 AND 2117 EAST DAMON AVENUE

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Decatur City Plan Commission February 7, 2002 Page Five Mr. John stated that he was not aware conditions could be imposed on a rezoning or Special Use Permit. Mr. Jones stated that if the use were not allowed in a B-2 district near a residential area then the use could continue to be a violation. Mr. Jones stated that the use needs review and conditions cannot be placed on rezonings. Mr. John stated the same applies for the green space. Mr. Jones stated that is correct. If the future owners wanted to build or pave within the required setbacks then they could do so. It was moved and seconded (5hampine/Oakes) to forward Cal. No. 02-OS to City Council with recommendation for approval of the rezoning of 2071 and 2217 East Damon, excluding the lots on Pythian. Motion carried unanimously. Cal. No. 02-06 Petition of REAL ESTATE INVESTORS OF DECATUR for a Preliminary Plat of Holiday Harbor. Ms. Miller presented the recommendation of staff: In April, 2001, a development agreement with Real Estate Investors of Decatur, LLC and the City was adopted regarding proposed improvements to the Holiday Inn including an indoor/outdoor water park and other commercial and retail development. The agreement also addressed infrastructure improvements and the development of the project as a Planned Unit Development. Rather than having all the plans for the development up front, Holiday Harbor PUD development standards (similar to the Near North) are currently being negotiated and will be forwarded to the Plan Commission at their completion. The Technical Review Committee of the City reviewed the Preliminary Plat at the January meeting and approved the plat pending the submittal of the utility letters. Containing approximately 30.10 acres, the tract is within the City Limits and will be subdivided into 15 lots ranging in size from 3.079 to 0.979 acres. Vehicular access is planned with a north/south through street between West Main Street and Route 36 West and an east/west connection from the Holiday Inn ending in a cul-de-sac. Lot 13 will be accessed from West Main Street. The streets will be dedicated to the City of Decatur. Water and sanitary sewer will be provided to the site. Lot 11 shall be reserved for use as storm detention for most of the lots. Lots 3, 4, 5 and 13 shall have on site storm detention. Lot 11 will be owned and maintained by the Lots which are actively using Lot 11 for storm detention. Sidewalks and lighting will be provided as per the approved development agreement. , The subdivision plat is in compliance with the regulations of the Zoning Ordinance, the ' Subdivision Ordinance and the Development Agreement.