2010-52 REZONING PROPERTY - 1930 SOUTH TAYLORVILLE ROAD

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Excerpts from Plan Commission Minutes of July 1,2010: Cal. No. 10-16 Petition of JACK WILKERSON to rezone property at 1930 South Taylorville Road from R-1 Single Family Residence District to B-2 Commercial District. Mrs. Stewart presented the recommendation of staff: On January 20, 2009 property located at 1930 South Taylorville was annexed into the City of Decatur. The current use of the property while still in the county was commercial in nature. Whenever a property is annexed in to the City limits it comes in as R-1 Single Family Residence District. At the time of annexation the property should have been rezoned to B-2 Commercial District in order to be in compliance with our Zoning Ordinance. A petition was never filed. The petitioner proposes to rezone from R-1 Single Family Residence District to B-2 Commercial District in order to be allowed to continue the commercial use that was allowed in the County and also to be in compliance with the Zoning Ordinance. The surrounding zoning includes M-1 Intense Commercial-Light Industrial District to the north, R-1 Single Family Residence District to the south and east and County zoning to the west. The Decatur Urban Area Land Use Plan shows this area as Residential-Low Density. The existing use is compatible with adjacent uses to the west. The rezoning for a commercial use should not have an adverse effect of the surrounding area since the use has been at the site for over eight years in the County and it has not appeared to have had an adverse effect on the area. Staff recommends approval of the rezoning. Section XXIX. of the City of Decatur Zoning Ordinance requires the Plan Commission to hold a public hearing on a rezoning request, and then forward its report and recommendation to the City Council for final approval. A motion to forward Calendar Number 10-16 to the City Council with a recommendation for approval is suggested. Mr. Jack Wilkerson, petitioner, was sworn in by Mrs. Poland. Mr. Wilkerson asked for a brief explanation of permitted uses for the B-2 District and if used car lots were allowed. Ms. Stickle stated his current uses are permitted in the B-2 District as well as used car sales. There were no questions and no objectors present. It was moved and seconded (Peck/Sadorus) to forward Cal. No. 10-16 to the City Council with recommendation for approval as presented by staff. Motion carried unanimously.