99-81 AMENDING SPECIAL PERMIT PLANNED UNIT DEVELOPMENT

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. Decatur City Plan Commission June 3, 1999 , Page Three units with a clubhouse to nine fourplex units, ten duplex units, six fiveplex units and a clubhouse, resulting in a change in the total number of units from 90 to 86. This petition, if granted, would result in a (and use change which would not alter the overall use of the land and would allow the applicant to respond to a perceived change in the market for his product. Staff recommends approval of the petition as presented. Mr. Shampine stated that residents in the area appeared before Plan Commission regarding the previous petition and expressed concern with the storm sewers and other issues. Mr. Cochran stated that the City had hired a consultant to design the system. It was moved and seconded (Setina/John) to forward Cal. No. 99-39 to City Council with recommendation for approval. Motion carried unanimously. Cal. No. 99-40 Petition of CECIL A. COLLINS, JR., DIRECTOR OF COM1VIiJIVITY DEVELOPMENT, to rezone the premises commonly known as 1685 - South Baltimore Avenue from R-1 Single Family Residence District to B-1 Neighborhood Shopping District. Mr. Forgey stated that the subject property, located at 1685 South Baltimore Avenue, was annexed in July of 1997 and brought into the City as R-1 Single Family Residential. The current use is a service station. There can be no doubt that R-1 is inappropriate for this property- it is already in commercial use. The question is whether to rezone this property to B-1 Neighborhood Commercial or B-2 Commercial. There is one very good reason for choosing the B-2 designation. The neighboring properties to the east and west are currently zoned B-2, and they include some very intensive commercial uses, notably the shopping center with the Eagle Supermarket. By rezoning this property B-1, the spot zoning situation would be continued. The reasons for rezoning the property B-1 are even more compelling. The B-1 category is appropriate for this property, given its cunent use. This is a small service station which appears to staff to fall within the restrictions which the Zoning Ordinance imposes on service stations within B-1, for example, not more than five employees per shift, activities are at least 50 feet from the nearest "R" district, no outdoor repair activities, and tanks are below ground. The business does not appear to display anything eYcept new merchandise related to the primary use of the facility.