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<br />3. Adopt an ordinance approving a Zoning Ordinance Amendment No. <br />2006-04 to allow automotive repair and servicing uses in the C-SM <br />zoning district subject 0 a conditional use permit. <br /> <br />E. On October 2, 2006 the City Council continued the matter to December 4, <br />2006. <br /> <br />F. On December 4, 2006, the City Council held a duly noticed, de novo <br />public hearing to consider adopting one of the following actions: <br /> <br />1. Adopting a resolution denying Amendment Application No. 2006- <br />01, or <br /> <br />2. Adopting an ordinance approving Amendment Application No. <br />2006-01 , or <br /> <br />3. Adopt an ordinance approving a Zoning Ordinance Amendment No. <br />2006-04 to allow automotive repair and servicing uses in the C-SM <br />zoning district subject 0 a conditional use permit. <br /> <br />G. In April 2000, the City Council established a new zoning district for both <br />sides of South Main Street. The purpose of the rezoning was to upgrade <br />and revitalize the unique streetscape found on South Main. The permitted <br />uses in the C-SM zone are focused on pedestrian-friendly and <br />neighborhood-serving commercial uses. <br /> <br />H. After extensive study, new standards were developed for the C-SM zone, <br />including (1) provision for buildings to be constructed at the back of the <br />sidewalk with no front setbacks for landscaping or parking, and (2) the <br />prohibition of non-pedestrian friendly retail uses such as automobile repair <br />and servicing uses and automobile sales. <br /> <br />I. The current C-SM zoning for the subject property facilitates this vision of <br />pedestrian-friendly and neighborhood-serving commercial uses. The <br />applicant's proposed rezoning would permit, and its site plan would <br />provide for, a new parking lot to be constructed at the front of the subject <br />property. <br /> <br />J. Based upon the evidence referenced herein, including all oral testimony <br />before the Planning Commission and the City Council at their respective <br />public hearings, the proposed Amendment Application No. 2006-01 to <br />rezone property located at 2037 and 2041 South Main Street from South <br />Main Street Commercial (C-SM) to General Commercial (C-2) does not <br />bear a substantial and reasonable relationship to the public welfare. <br /> <br />K. Based upon the evidence referenced herein, including all oral testimony <br />before the Planning Commission and the City Council at their respective <br />public hearings, the rezoning of 2037 and 2041 South Main Street would <br /> <br />Resolution No. 2006-XXX <br />Page 2 of 4 <br /> <br />75A-15 <br />