2001-31 REZONING PROPERTY 1885 WEST CORSON AVENUE

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Excerpts from Minutes of Apri15, 2001 City Plan Commission Meeting Cal. No. 01-15 Petition ofRANDALL EARL, 2827 North Oakland Avenue, to rezone the premises at 1885 WEST CORSON AVENUE from R-3 Single Family Residence District to B-1 Neighborhood Shopping District. Ms. Ahmed presented the recommendation of staff: The petitioner owns Brintlinger and Earl Funeral Home as well as the parking area on the northwest corner of Oakland and Corson. The petitioner wishes to expand his business by installing banquet facilities and a casket showroom at the proposed site. The proposed site, a 3.6 acre tract southwest of petitioner's property, is currently zoned R-3, single family residence, and contains a residential structure along with an accessory building at the far east side, as well as another structure at the middle of the lot. To the north and west of the proposed site are residential properties. East of the site is a commercial area that houses Brintlinger's parking lot and 2 office buildings. The petitioner proposes rezoning of the above site from R-3 single family residence to B-1 Neighborhood Shopping District. The Decatur Urban Area Land Use Plan depicts the property in question as having two uses; the west side adjacent to commercial property has a commercial land use while the east side has a low density residential land use (probably because of an e�sting residential structure on the site). Due to the viable residential area west of Hill Avenue, and the proximity of the residence on the west to the lot in question, Staff believes that the petitioner should exercise discretion in the development of this lot for future purposes should the property be rezoned to B-1. Staff suggests that a buffer zone should be erected on the west side of the property, adjacent to the residential area and that the proposed building be situated on the east side with parking facilities on the west side. The Zoning Ordinance requires a site-break fence to be built along the parking lot where it is adjacent to residential property. This will help to screen the commercial use from the e�sting homes. The proposal is consistent with the Land Use Plan, therefore, Staff recommends approval of the above petition while urging the developer to be sensitive to the e�sting neighborhood. Mr. Shampine asked what specifies as a buffer. Ms. Ahmed stated that the fence is the more appropriate buffer and petitioner is willing to accommodate in this situation. Ms. Ahmed noted that there will not be any construction at this time as there is an agreement with the neighbor that the property will not be developed until she moves. Mr. Phillip Cochran, Consulting Engineer, was present and spoke for the petition representing Randall Earl who was also present. Mr. Earl is co-owner of the funeral home. The neighbor, Mrs. Mahnke, resides in the nursing home at this time but could return to her home at any time. The subject structure will not be torn down as long as Mrs. Mahnke is living per the agreement. Mr. Earl has spoken with the property owner to the west and Mr. Earl agreed to a chain link