2006-95 REZONING PROPERTY - 1933 SOUTH TAYLORVILLE ROAD

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I Excerpts from City of Decatur Plan Commission October 5, 2006 Cal.No. 06-63 Petition of RODNEY C. ELMORE and JOYCE DUNN-ELMORE to rezone the premises commonly kn wn as 1933 Ta lorville Road from the R-1 Sin le o y g Family Residential District to the M-1 Intense Commercial Light Industrial District. Mr. Mark Smith was sworn in by Ms. Jesse. Mr. Smith presented the recommendation of staff: The subject property was annexed to the City on August 21, 2006, per Ordinance 2006- 81. Upon annexation,property is automatically placed in the R 1 Single Family Residential zoning district and property owners are advised that filing a rezoning petition is required. The subject petition requests that the property in question be rezoned from the R-1 Single Family Residential Districtto the M-1 Industrial District. The property contains roughly 26,070 square feet (0.60 acres) and is improved with a tavern, a covered patio which is used as a beer garden and the associated paved parking areas. The current commercial use became non-conforming upon annexation. The property owners have requested that the property be rezoned to the M-1 Industrial District at which time the use will conform to the provisions of the Zoning Ordinance. The Council decided that annexation of the subject property was beneficial to the City. By annexing the property it became R-1 Single Family Residential. The property has been used for commercial purposes for decades, most recently a tavern and before that a service station. The use of the property has not changed. The property abuts a rail line and Route 48. Immediately adjoining the subject property in all directions are properties zoned industrial and commercial by the County and City. The likelihood of non-commercial or non-industrial uses becoming a predominate land use in the immediate vicinity is extremely remote. Based on the above analysis, staff recommends approval of the rezoning from R-1 Single Family Residence District to the M 1 Industrial District. The Plan Commission, in its advisory role to the City Council, may make a recommendation to approve the request to rezone the property from R-1 Single Family Residence District to the M-1 Industrial District or to recommend to the City Council that the petition be denied. Section XXIX, G, 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 06-63 to the City Council with a recommendation for approval is suggested.