2010-54 RESCINDING CONDITIONAL USE PERMIT AND REPEALING ORDINANCE 2002-103 - 2506 NORTH WATER STREET

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Section Three Continued Purpose I Please state the purpose of'the proposed rezoning. The City of Decatur wishes to rescind the previously approved Conditional Use Permit due to lack of compliance with the requirements of the automotive storage yard site. SECTION FOUR: JUSTIFICATION The petitioner submits to the City Plan Commission and City Council the ollowin acts(additional pages maybe attached): Upon approval of the Conditional Use Permit in November 2002, the owner committed to installing landscaping, paving and fencing within 6 months. City staff attempted to obtain compliance with the regulations of the Zoning Ordinance and the approved CUP and were unsuccessful. In October of 2003, a petition was filed by the Acting Director to rescind the CUP based on non-compliance with the regulations of Zoning Ordinance and approved Conditional Use Permit. The petitioner made some attempts of assuring Staff that he was working on the property to bring it into compliance. Staff never took the petition to the Plan Commission for public hearing. Current City Staff has been to the site for property code violations, it has been noted that none of the requirements of the conditional use permit have ever been met. SECTION FIVE: CERTIFICATION To be placed on the agenda of the regular meeting on the first Thursday of the month at 3:00 PM in the City Council Chambers, petition must be received on the first Thursday of the preceding month. Failure of the petitioner or the petitioner's representative to attend the Plan Commission hearing may result in items being tabled. Incomplete or erroneous petitions may dela s being heard by the Plan Commission. Petitioner's Date June 3, 2010 Signature NOTES: 1. Please forward this completed form and attachments to the Economic and Urban Development Department, Third Floor, Decatur Civic Center. Please make checks payable to the City of Decatur. See Schedule"A"for fees. 2. Signature of this petition grants permission to City staff to place a sign,indicating a request for zoning action,on the subject property at least 10 days prior to the Decatur City Plan Commission hearing. Said sign will be removed within 15 days of final action by City Council. 3. In the event a petition for rezoning is denied by the Council, another petition for a change to the same district shall not be filed within a period of one year from the date of denial, except upon the initiation of the City Council or the City Plan Commission after showing a change of circumstances which would warrant a renewal. 4. All petitions before the Decatur City Plan Commission are reviewed through the Development Technical Review (DTR) Process. Please consult the DTR Brochure for information related to this process. Rev.2- 4/01 OFFICE USE ONLY Date Filed B Page 2 of 2