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

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Excerpts from Plan Commission Minutes of September 3,2009 Cal. No. 09-43 Petition of GREG C. CROWE, DIRECTOR OF ECONOMIC AND DEVLOPMENT to rescind the Conditional Use Permit to operate an industrial scrap metal business at 1551 McBride Avenue in the M-2, Heavy Industrial District. Mrs. Joselyn Stewart was sworn in by Mrs. Poland. Mrs. Stewart presented the recommendation of staff: 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 1't, 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discussions with the new property owners and corporation counsel it was concluded that the old CUP would need to be rescinded and a new CUP would need to be applied for. To date, the site remains non-compliant with the terms of the approved conditional use permit and the Zoning Ordinance. The petition requests termination of the conditional use permit. Staff respectfully requests approval of the petition. A motion to forward Calendar No. 09-43 to City Council recommending approval is requested. Chairman Terry Smith asked if the Conditional Use Permits were recorded once they are approved by City Council. He said if they were recorded it would be on the title and the new owners would know they have to petition for a new CUP. Mr. John Robinson said they are not recorded and the Conditional Use Permits are personal to the owner. A new owner would have to reapply. Mr. Crowe said that staff will research it. There were no objectors present. It was moved and seconded (Edwards/Jackson) to forward Cal. No. 09-43 to the City Council with recommendation for approval as presented by staff. Motion carried unanimously.