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HomeMy WebLinkAboutG40-12 Ordinance No. G40-12 • AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PAWN SHOP IN THE AB AREA BUSINESS DISTRICT (1460 Main Lane) WHEREAS, written application has been made requesting conditional use approval for a pawn shop in the AB Area Business District; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs with the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated February 15, 2012, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to permit the establishment of a pawn shop in the AB Area Business District at 1460 Main Lane and legally described as follows: Parcel Three: that part of the Northwest quarter of section 22, township 41 North, range 8 East of the third principal meridian, described as follows: commencing at the Northwest corner of said Northwest quarter; thence East along the North line of said Northwest quarter 373.56 feet; thence South parallel with the West line of said Northwest quarter 680.46 feet; thence East parallel with the North line of said Northwest quarter 1385.44 feet to an iron stake for the point of beginning; thence East along said parallel line, also being the South line of Country Knolls Unit No. I being a subdivision of part of sections 15 and 22, township and range aforesaid, 900.15 feet to the center line of McLean Boulevard; thence Southerly along the center line of Mc Lean Boulevard 629.07 feet to the intersection of said Center line with the South line extended West of Lillian Street; thence West along the South line of Lillian Street extended West 153.03 feet to an iron stake; thence Southerly along a line that forms an angle of 87 degrees 12 minutes 45 seconds to the left with prolongation of the last described course, 150 feet to an iron stake; thence Southerly along a line that forms an angle of 87 degrees 12 minutes 45 seconds to the left with prolongation of the last described course, 150 feet to an iron stake; thence West parallel with the South line of Lillian Street extended 25 feet to an iron stake; thence Southerly along a line that forms an angle of 87 degrees 7 minutes 23 seconds to the left with the prolongation of the last described course, 189.9') feet to an iron stake located on the North line of Main Lane as now dedicated that is 127.95 feet West of the intersection of the West right-of-way line • of Mc Lean Boulevard with said North line of Main Lane; thence West along said North line of Main Lane 394.68 feet to an iron stake in the Northerly line of Main Lane, being along a curve to the right having a radius of 267 feet, a distance of 123.41 feet to an iron stake in the Northerly line of Main Lane; thence Northwesterly along said Northerly line, being tangent to the last described curve 251.56 feet to a point on the East line of Town and Country Manor, being a subdivision of part of the Northwest quarter of said section 22, township and range aforesaid; thence North along said East line, 640.38 feet to an iron stake located at the Northeast corner of lot 46 of said Town and Country Manor; thence East at right angles to the last described course, 74 feet to an iron stake; thence North at right angles to the last described course, 185 feet to the point of beginning: in the City of Elgin, Kane County, Illinois (except that portion conveyed to the City of Elgin by Document Number 1829389 recorded March 19, 1987). (Property commonly known as 1460 Main Lane or, more specifically, by the following Kane County Property Index Number: 06-22-128-052). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, submitted with the development application, by Attorney Amy Kurson, amended December 26, 2011. In the event of any conflict between such Statement of Purpose and Conformance and this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. Substantial conformance with the letter to Mayor David Kaptain, submitted by Ellen Bryant, General Counsel and Assistant Secretary, EZPAWN Illinois, Inc., d.b.a. Easy Cash Solutions, dated May 21, 2012. Any signage for the establishment at the subject property will not use the word "pawn". 3. Substantial conformance with the following drawings, prepared by William Franz Architect: • Site Plan (Sheet A-0), last revised February 2, 2012. • Floor Plan (Sheet A-1), dated October 14, 2011. • Exterior Elevations (Sheet A-2), dated December 14, 2011. 4. Substantial conformance with the following drawings prepared by Precision Signs: • Street Graphics Elevations and Specifications, dated May 14, 2012. • Street Graphics Site Plan, dated May 11, 2012. 5. All other graphics shall meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. • 6. The pawn shop shall be restricted to the commercial building at 1460 Main Lane, located Swithin the Town and Country Shopping Center. 7. The pawn shop shall not trade in weapons, ammunition, or explosives of any kind, including but not limited to guns, throwing stars, blades, knives, knuckle dusters, or trade in regulated paraphernalia of any kind, including but not limited to rolling paper, glass pipes, and wire mesh pipe screens. This prohibition shall include antique or "inoperable" weapons, ammunition, and related paraphernalia. 8. The pawn shop shall not offer any additional financial services that are not customary and traditional to a pawn shop, including but not limited to fee-based check cashing, payday loans, vehicle title loans and currency exchange services. 9. No outdoor storage of goods related to the subject land use shall be permitted. 10. Bicycle racks shall be installed in substantial conformance with the Off-Street Bicycle Parking Ordinance No. G37-11. 11. Compliance with all applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. David J. tain, Mayor Presented: July 11, 2012 Passed: July 11, 2012 Vote: Yeas: 4 Nays: 3 • � Recorded: July 11, 2012 UgBSFWMIt,h Published: July 13, 2012 �p Attest: • Kimberly Dewis, W Clerk • February 15, 2012 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 33-11 Requesting a Conditional Use in the AB Area Business District, to Permit the Establishment of a Pawn Shop; Property Located at 1460 Main Lane, by EZPAWN Illinois, Inc., as Applicant and Kimco Realty Corporation, as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: AB Area Business District Existing Use: Vacant Commercial Buildine Property Location: 1460 Main Lane ( • Applicant: EZPAWN Illinois. Inc. Owner: Kimco Realty Corporation Staff Coordinator: Denise Momodu. Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) E. Environmental Photo (see attached) F. Site Photos (see attached) G. Development Application and Statement of Purpose (see attached) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board Petition 33-11 February 15, 2012 • H. Draft Conditional Use Ordinance (see attached) I. Related Correspondence (see attached) BACKGROUND An application has been filed by EZPAWN Illinois, Inc., requesting a conditional use to permit the establishment of a pawn shop in the AB Area Business District. The subject property is located at 1460 Main Lane (reference Exhibits A, B. C, D, and E). EZPAWN Illinois, Inc:, the operator of the pawn shop, intends to lease the vacant commercial building located at 1460 Main Lane, within the Town and Country Shopping Center. The applicant needs conditional use approval for this land use to be allowed in the AB Area Business District. The purpose and intent of the provisions for conditional use approval is to recognize that there are certain uses that cannot be properly classified without individual review and consideration which require a public hearing and City Council approval (reference Exhibits F, G. H and I). On September 22, 2010, the City Council approved an amendment to Title 19 of the Elgin Municipal Code removing pawn shops from the list of prohibited land uses in the ARC district. • Additionally, the Council adopted an ordinance regulating pawn shops through a licensing program that would restrict their number within the community. The decision whether or not to increase the number of available licenses for a particular business is at the sole discretion of the City Council and should not be a factor in the conditional use review. GENERAL FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 33-11 on February 15, 2012. Testimony was presented at the public hearing in support of the application. Objectors were present. The Community Development Department submitted a Conditional Use Review dated February 15, 2012. The Zoning and Subdivision Hearing Board has made the following general findings: A. Zoning History. The suitability of the subject property for the intended conditional use with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The subject property is suitable for the intended conditional use with respect to the length of time the property has remained undeveloped or unused in its current • zoning district. 2 i Findings of Fact Zoning and Subdivision Hearing Board Petition 33-11 February 15, 2012 The subject property was zoned as follows: 1927: Outside City Limits 190: Outside City Limits 1960: D Commercial District 1961: D Commercial District 1962: B3 Service Business District 1992: B3 Service Business District Present: AB Area Business District ARC Arterial Road Corridor Overlay District The subject property was annexed into the City of Elgin in 1958 as part of the Getzelman Farm, and zoned D Commercial District, and then rezoned to B3 Service Business District in 1962. The property was reclassified in 1992 from B3 Service Business District to AB Area Business District as part of a comprehensive amendment to the zoning ordinance. B. Surrounding Land Use and Zoning. The suitability of the subject property for the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended conditional use with respect • to consistency and compatibility with surrounding land use and zoning. The areas located to the east and south are zoned AB Area Business District and are improved with commercial, retail and offices uses. The area to the immediate west is zoned RB Residence Business District, and is improved with a daycare center and multi-family residential homes. The area to the northwest is zoned CF Community Facility District and is improved with a play ground and a picnic shelter. The area to the north is zoned MFR Multiple Family Residence District and is improved with apartment buildings. C. Trend of Development. The suitability of the subject property for the intended conditional use with respect to its consistency with an existing pattern of development or an identifiable trend of development in the area. Findings: The subject property is suitable for the intended conditional use with respect to the trend of development standard. (.• The subject property is located on the edge of a commercial district at South McLean Boulevard and US Route 20, with residential uses to the north, west, and east. The Findings of Fact Zoning and Subdivision Hearing Board Petition 33-11 February 15, 2012 recently approved Single Point Interchange at US Route 20 and South McLean Boulevard is scheduled to start construction in February of 2012 and be completed in 2015. The current full intersection located to the north at Main Lane and South McLean Boulevard will become a right-in-right-out. D. Zoning District. The suitability of the subject property for the intended conditional use with respect to conformance to the provisions for the purpose and intent; and location and size of the zoning district. Findings. The subject property is suitable for the intended conditional use with respect to conformance to the provisions for the purpose and intent, and location and size of the zoning district. The purpose of the AB Area Business district is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting population. AB zoning districts are limited by the applicable site design regulations to an intermediate scale of development relative to NB Neighborhood Business districts and the CC Center City district. A pawn shop is classified as a conditional use in the AB Area Business District. The proposed land use is in keeping with the purpose and intent of the AB district. The • proposed pawn shop would allow the applicant to offer trade in goods such as jewelry, musical instruments, electronics and other items of valuable personal property, to the residents in the surrounding neighborhoods. The proposed business would consist of a front showroom and sales area with merchandise storage located in the back of the tenant space. The proposed hours of operation would be Monday through Friday from 9:00 a.m. to 7:00 p.m., Saturday from 9:00 a.m. to 6:00 p.m. and Sunday from 10:00 a.m. to 5:00 p.m. The proposed pawn shop establishment will be located, designed and operated in a manner consistent with other land uses permitted within the AB Area Business District. STANDARDS FOR CONDITIONAL USES The Zoning and Subdivision Hearing Board has made the following findings concerning the standards for conditional uses: A. Site Characteristics Standard. The suitability of the subject property for the intended conditional use with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. Findings. The subject property is suitable for the intended conditional use with respect to • the site characteristics standard. 4 i Findings of Fact Zoning and Subdivision Hearing Board Petition 33-11 February 15, 2012 The subject property is an irregularly shaped parcel comprised of 17.76 acres of land area. The property is improved with two multi-tenant commercial buildings, two free- standing buildings, and a paved off-street parking lot. The proposed pawn shop would occupy the existing vacant free-standing commercial building along Main Lane. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate municipal water, wastewater treatment, and storm water control facilities. Findings. The subject property is suitable for the intended conditional use with respect to the sewer and water standard. The subject property is served by municipal water, sanitary sewer and storm water control facilities. C. Traffic and Parking Standard. The availability of the subject property for the intended conditional use with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. Findings. The subject property is suitable for the intended conditional use with respect to the traffic and parking standard. �,• The subject property is located at the northwest corner of South McLean Boulevard and Main Lane. The subject property has two full points of access along both South McLean Boulevard and Main Lane. McLean Boulevard is an arterial street serving the west side of Elgin. Main Lane is a local street serving the nearby residences. Off-street parking is provided in conformance with the off street parking ordinance. D. Comprehensive Plan Standard. The suitability of the subject property for the intended conditional use with respect to conformance to the goals, objectives, and policies'of the official comprehensive plan. Findings. The subject property is suitable for the intended conditional use with respect to the Comprehensive Plan Standard. The subject property is designated "Highway Commercial" by the City's Comprehensive Plan and Design Guidelines dated 2005. Areas designated Highway Commercial typically serves surrounding neighborhood areas, but also larger trade areas connected by the arterial street system. They may include all of the commercial uses found in the mixed-use centers. In addition, they typically include highway-serving uses such as fast l • food restaurants, auto-oriented uses such as tire stores, service stations, auto parts stores, Findings of Fact Zoning and Subdivision Hearing Board Petition 33-11 February 15, 2012 • and other stand alone retail uses. These commercial areas are generally auto dominated with few pedestrian amenities. E. Location, Design, and Operation Standard. The suitability of the subject property for the intended conditional use with respect to it being located, designed, and operated to promote the purpose and intent.of this title and chapter. Findings. The subject property is suitable for the intended conditional use with respect to it being located, designed, and operated so as to promote the purpose and intent of the zoning ordinance. No evidence has been submitted or found that the proposed conditional use would be located, designed; or operated in a manner that would exercise undue detrimental influence on surrounding property. The subject property is located in a well-established commercial area. F. Historic Preservation Standard. Where applicable, the conditional use shall make possible an efficient contemporary use of, or a compatible improvement to a designated landmark or property located in a designated historic district while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values to an historic preservation plan. • Findings. The subject property is suitable for the intended conditional use with respect to the Historic Preservation standard. The subject property is not located within a designated historic district. SUMMARY OF FINDINGS, UNRESOLVED ISSUES, AND ALTERNATIVES The Zoning and Subdivision Hearing Board has developed or identified the following findings, unresolved issues, and alternatives: A. Summary of Findings. Positive Attributes: Approval of the requested conditional use to establish the proposed pawn shop at 1460 Main Lane would allow the applicant to offer goods such as jewelry, musical instruments. electronics and other items of valuable personal property, to customers. The proposed business would consist of a front showroom and sales area with merchandise storage located in the back of the building. The applicant has agreed to remove the existing nonconforming pole street graphic located along Main Lane. The owner is proposing to install landscape materials in the vehicle use area setback along Main Lane in excess of the minimum required number of plantings. 6 i Findings of Fact Zoning and Subdivision Hearing Board Petition 33-11 February 15, 2012 The proposed site is located in an area of the city which is developed with a mix of commercial uses, service related uses, and residential uses. The pawn shop would be located within a free-standing commercial building and within a self-contained shopping center which has sufficient parking for the proposed use. B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. Other than an approval, a denial, or an approval with some combination of conditions, there are no substantive alternatives. DECISION The Zoning and Subdivision Hearing Board recommends the approval of Petition 33-11. On a motion to recommend approval of the conditional use, subject to the following conditions, the vote was three (3) yes and one (1) no: 1. Substantial conformance with the Statement of Purpose and Conformance, submitted ! • with the development application, by Attorney Amy Kurson, amended December 26, 2011. 2. Substantial conformance with the following drawings, prepared by William Franz Architect: • Site Plan (Sheet A-0), last revised February 2, 2012. • Floor Plan (Sheet A-1), dated October 14, 2011. • Exterior Elevations (Sheet A-2), dated December 14, 2011. 3. The pawn shop will be restricted to the commercial building at 1460 Main Lane, located within the Town and Country Shopping Center. 4. The pawn shop will not trade in weapons, ammunition, or explosives of any kind, including but not limited to guns, throwing stars, blades, knives, knuckle dusters, or trade in regulated paraphernalia of any kind, including but not limited to rolling paper, glass pipes, and wire mesh pipe screens. This prohibition shall include antique or "inoperable" weapons, ammunition, and related paraphernalia. 5. The pawn shop will not offer any additional financial services that are not customary- and • traditional to a pawn shop, including but not limited to fee-based check cashing, payday loans, vehicle title loans and currency exchange services. 7 Findings of Fact Zoning and Subdivision Hearing Board Petition 33-11 February 15, 2012 6. No outdoor storage of goods related to the subject land use will be permitted. 7. Substantial conformance to the Street Graphics and Site Plan, dated February 2, 2012, prepared by Precision Signs. 8. All other graphics must meet the requirements of Chapter 19. 0 Street Graphics of the Elgin Municipal Code. 9. Bicycle racks shall be installed in substantial conformance with the Off-Street Bicycle Parking Ordinance No. G37-11. 10. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 33-11 was adopted. Respectfully submitted: • s/ Robert Lanelois Robert Langlois, Chairman Zoning and Subdivision Hearing Board s/ Denise Momodu Denise Momodu, Secretary Zoning and Subdivision Hearing Board • 8