2009-68 RESCINDING CONDITIONAL USE PERMIT AND REPEALING ORDINANCE 2004-41 - 1551 E. MCBRIDE AVENUE

Home Browse Search

ECONOMIC AND URBAN DEVELOPMENT MEMORANDUM No. 09-72 September 16, 2009 TO: Honorable Mayor Michael T. McElroy and City Council FROM: Ryan P. McCrady, City Manager N" Greg C. Crowe, Assistant City Manag66� Suzan M. Stickle, Senior Planner< Joselyn A. Stewart, Transportation Planner,; SUBJECT: Rescind Conditional Use Permit and repeal Ordinance No. 2004-41 and Grant Conditional Use Permit to allow for an industrial and commodity scrap metal processing in the M-2 Heavy Industrial District located at 1551 — 1801 East McBride Avenue SUMMARY RECOMMENDATION: Staff recommends approval to rescind a Conditional Use Permit to U.S. Scrap and Metal Company and to grant a Conditional Use Permit to Modern Scrap, Inc. to allow for an industrial and commodity scrap metal processing 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. The City Plan Commission voted 7-0 to recommend approval of these petitions at the September 3, 2009 meeting; the minutes of the meeting are attached. BACKGROUND: The Decatur City Council approved a Conditional Use Permit (CUP) to allow for industrial and commodity scrap metal processing in the M-2 Heavy Industrial District at 1551 East McBride Avenue on May 17, 2004. As a part of the approved conditional use permit, the petitioner U.S. Scrap and Metal Company was to bring the site into compliance which included erecting a six (6) foot high sight-break fence, or a six (6) foot high hedge or similar landscape materials along North Woodford Street, McBride Avenue and approximately six hundred (600) feet on the south property line. The sight-break fence along Woodford Street was suppose to be setback a minimum of forty(40) feet. It was brought to the City's attention that the site was not in compliance 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 approved for the CUP. Once the City realized that the site was not in compliance with the approved CUP a Zoning Violation was issued on March 27, 2009 instructing the property owner to abate the use no later than May 1St, 2009. After discussions with the new property owners and corporation counsel it was concluded that the old CUP would need to be rescinded and a new CUP would need to be applied for. Staff respectfully requests to rescind Ordinance No. 2004-41.