2009-69 GRANTING CONDITIONAL USE PERMIT - 1551-1801 EAST MCBRIDE AVENUE

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Excerpts from Plan Commission Minutes of September 3,2009 Cal. No. 09-44 Petition of MODERN SCRAP, INC. for a Conditional Use Permit to operate an industrial scrap metal business at 1551 McBride Avenue in the M-2, Heavy Industrial District. Mrs. Stewart presented the recommendation of staff: The subject site is approximately 4.91 acres and is developed as a scrap metal processing company. It was brought to the City's attention that the site was not in compliance with the Zoning Ordinance when the new owners of the property brought up a Notice of Proper Zoning to be signed by the Planning Division that is required by the Secretary of State. The new owners purchased two (2) of the original three (3) tracts of land that were originally approved for the CUP. A Conditional Use Permit is required for both of the lots being utilized as scrap metal processing in the M-2 Heavy Industrial District. The petitioner proposes the issuance of a conditional use permit and to erect a six (6) foot high privacy fence along the north property line (McBride Avenue). The petitioner is not being required to fence in the back of the property or along the east and west property lines. All of the properties surrounding the site are zoned M-2 Heavy Industrial District and developed as such. Upon review of land use and zoning patterns of the area, staff is of the opinion that the processing of scrap metal is consistent with the other uses. Section XXII.A.3. lists three standards which must be met in order to grant a conditional use permit. The first standard requires the applicant to show that the use is "necessary for the public convenience at the location." The proposed use is generally compatible with the area and provides a service which can be utilized by the community. The proposed use also meets the second standard. The facility is located and designed to be operated in a manner that the public health, safety and welfare will be protected. This use also meets the third standard. The facility has not and will not cause substantial injury to the value of other properties in the neighborhood. There was a scrap metal processing company on the site previously for a number of years and it does not appear to have had an adverse effect on the neighborhood. Based on the analysis, staff recommends approval of the conditional use permit as submitted with the following conditions: a.) The six foot high sight break fence or landscaping must be installed prior to the Notice of Proper Zoning Sheet from the State being signed and b.) A fence permit will also be required. Section XXII.A.2. requires the Plan Commission to hold a public hearing on a conditional use permit request, and then forward its report and recommendation to the City Council for final approval. A motion to forward Calendar Number 09-44 to the City Council with a recommendation for approval is suggested. Mr. Kelly Sanner, representative, was sworn in by Mrs. Poland. Mr. Sanner stated an eight (8) foot concrete fence will replace the existing fence and the owners will install more in the future. The new owners would just like to continue with their operation. There were no questions and no objectors present. It was moved and seconded (Dial/Edwards) to forward Cal. No. 09-44 to the City Council with recommendation for approval as presented by staff. Motion carried unanimously.