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part of the second package of large scale amendments of 2009, which was adopted by City Council on October 27, 2009.

Also adopted on October 27, 2009 was a text amendment to the UMU Comprehensive Plan policies eliminating the following policy: “Non-residential uses shall be limited to areas adjacent to collector or higher roadways.”

This policy was eliminated to allow some neighborhood oriented commercial uses within the UMU area with direction from City Council to include provisions in the Land Development Regulations that restrict the location of Commercial uses as permitted uses to the intersection of Deleon and Park Avenue and provide for a conditional use process for Commercial uses to locate in other areas of the zoning district.

Staff held workshops with the community regarding the residential lot and site dimension requirements. Staff was recommending amending many of these requirements to allow for infill residential development on the existing platted lots in the UMU Zoning District. Staff also included dimension requirements for commercial development, which currently did not exist at all in the UMU Zoning District.

Additionally, staff discussed in the workshops the need to sensitively address the rights of the current industrial property owners that remain the UMU Zoning District Area (properties not included in the area changed to Industrial). Staff agreed to recommend that those properties be allowed to continue in the area as permitted uses, rather than non- conforming uses, to address the concerns of the owners that wish to expand in the future and wish to make major renovations.

Planning and Growth Management Director Courtney Barker advised staff requested a modification to Code Section 59-682 Permitted Principal Uses, to the Specific Conditions, Restrictions and Requirements listed under Industrial uses, as followed: “Must be on property with an approved Industrial use existing as of December 8, 2009 to read “Must be on property with an approved industrial use existing prior to December 8, 2009.

Mayor Tulley opened the public hearing.

Ray Smith, 2764 Hillcrest, opposed the ordinance. Mr. Smith requested that the following statement be added into the minutes: “I consider this inverse condemnation and a public taking of my property at 1211 Main Street.”

Motion: Member Secor moved to allow Mr. Smith additional two (2) minutes to speak. Vice- Mayor seconded the motion. The motion carried unanimously.

Mr. Smith continued to speak against the ordinance stating that the city gets revenue off his property that requires no city services.

Mayor Tulley closed the public hearing.


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