G44-10 (2) R
Ordinance No. G44-10
C
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PAWNSHOP
IN THE AB AREA BUSINESS DISTRICT
(943-955 North McLean Boulevard)
WHEREAS, written application has been made requesting conditional use approval for a
pawnshop 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 August 18, 2010, 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 pawnshop in the
AB Area Business District at 943-955 North McLean Boulevard and legally described as
follows:
That part of the Northwest '/4 of Section 10, Township 41 North, Range 8 East of
the Third Principal Meridian, described as follows: Beginning at the Northwest
corner of Country Aire Subdivision Unit No. 5, being a subdivision of part of the
North '/2 of said Section 10. Said beginning being on the south line of Abbott
Drive, according to Elgin Industrial Park, being a subdivision of part of the North
%2 of said Section 10, and on the West line of Adeline Avenue, according to said
Country Aire Subdivision Unit No. 5; thence South 06 degrees, 22 minutes, 41
seconds West, along said West line of Adeline Avenue, a distance of 304.30 feet
to the Northeast corner of Lot 15 of Country Aire Subdivision Unit No. 3, being a
subdivision of part of the aforesaid Northwest 1/4 of Section 10; thence North 83
degrees, 46 minutes, 58 seconds West, along the Northerly line of aid Lot 15, a
distance of 146.76 feet to the Northwest corner of said Lot 15; thence South 02
degrees, 38 minutes, 34 seconds West, along the Westerly line of said Lot 15, a
distance of 2.44 feet to the Northeast corner of Lot 7 of Country Aire Subdivision
Unit No. 2, being a subdivision of part of the aforesaid Northwest 1/4 of Section
10; thence West, along the Northerly line of and the Westerly extension of said
Lot 7, a distance of 164.91 feet to the Northwest corner of said Country Aire
Subdivision no. 2; thence North 00 degrees, 39 minutes, 10 seconds East, along
the Northerly extension of the Westerly line of said Country Aire Subdivision
Unit No. 2, a distance of 327.06 feet to the Southwest corner of aforesaid Elgin
Industrial Park, also being the Westerly extension of aforesaid Abbott Drive;
thence South 83 degrees, 37 minutes, 41 seconds East, along the aforesaid South
line of Abbott Drive, a distance of 343.12 feet to the point of beginning, being
situated in the City of Elgin, Kane County, Illinois, and containing 2.33 acres
more or less (Property commonly known as 943-955 North McLean Boulevard).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance and
attachments, submitted by Peter Bazos, Attorneys at Law, date received July 23, 2010,
and email from Peter Bazos, dated May 7, 2010.
2. The pawnshop will be restricted to the tenant spaces at 943 North McLean Boulevard,
Units C & D, located within the shopping center at 943-955 North McLean Boulevard.
3. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin
Municipal Code.
4. The pawnshop will not trade in weapons of any kind, including but not limited to
throwing stars, switchblades, butterfly knives, knuckle dusters, or regulated paraphernalia
of any kind including but not limited to rolling paper, glass pipes, and wire mesh pipe
screens.
5. The pawnshop will not offer any additional financial services that are not customary and
traditional to a pawnshop, including but not limited to fee-based check cashing, payday
loans, vehicle title loans and currency exchange services.
6. No outdoor storage of goods related to the subject land use will be permitted within the
shopping center at 943-955 North McLean Boulevard.
7. 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.
Section 5.
d Schock, Mayor
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Presented: September 22, 2010 _ �,,►�j ..
G•/'�1R111S Y :
Passed: September 22, 2010 :/ � ,;
Vote: Yeas: 5 Nays: 0 -` '
Recorded: September 23 2010 `= '. A5§
Published: September 23, 2010
Attest:
Diane Robertson, City lerk
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August 18, 2010
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 19-10 Requesting a Conditional Use in the AB Area Business District,
to Permit the Establishment of a Pawn Shop; Property Located at 943-955 North McLean
Boulevard, Units C & D, by Elgin Jewelry & Loan, Inc., as Applicant, and 650 North Dearborn,
L.L.C., as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: AB Area Business District
Existing Use: Vacant Commercial Tenant Space
Property Location: 943-955 North McLean Boulevard
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Applicant: Elgin Jewelry& Loan, Inc.
Owner: 650 North Dearborn L.L.C.
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. Statement of Purpose and Conformance (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 19-10 August 18, 2010
H. Draft Conditional Use Ordinance (see attached)
I. Related Correspondence (see attached)
BACKGROUND
An application has been filed by Elgin Jewelry & Loan, 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 943-955 North McLean Boulevard (reference Exhibits A, B, C, D, and E).
Elgin Jewelry & Loan, Inc., the operator of a pawnshop, intends to lease vacant tenant space
within the shopping center at 943-955 North McLean Boulevard. 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
requiring a public hearing and City Council approval (reference Exhibits F, G, H and I).
The applicant recently petitioned to establish their store at 373 Summit Street on the east side,
and received a positive recommendation from the Zoning and Subdivision Hearing Board.
However, the applicant has resubmitted a petition to locate within the property at 943-955 North
McLean Boulevard, located within an ARC Arterial Road Corridor Overlay District, on the west
side of Elgin.
Pawnshops are a prohibited land use within the ARC Arterial Road Corridor Overlay District,
and are only allowed as a conditional use in the AB Area Business District and CI Commercial
Industrial District. The city's AB and CI districts are primarily located along arterial roads,
which severely restrict the location of such land uses in the community.
Elgin Jewelry & Loan, Inc., is requesting the City to amend the text of the zoning ordinance, to
remove pawnshops as a prohibited land use within the ARC Arterial Road Corridor Overlay
District.
Along with the removal of pawnshops from the list of prohibited land uses in the ARC district,
staff is proposing that their establishment be further regulated through a licensing program that
would restrict their number within the community. Legislation providing for such regulations
will concurrently be transmitted to the City Council for approval along with the proposed text
amendment.
GENERAL FINDINGS
After due notice, as required by law, the Zoning and Subdivision Hearing Board conducted a
public hearing in consideration of Petition 19-10 on August 18, 2010. Testimony was presented
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 19-10 August 18, 2010
at the public hearing in support of the application. Objectors were present. The Community
Development Group submitted a Conditional Use Review dated August 13, 2010.
The Zoning and Subdivision Hearing Board has made the following general findings:
A. Zoning History Standard. 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.
1927: Outside City Limits
1950: Outside City Limits
1960: Outside City Limits
1961: C Residential District
1962: R4 General Residence District
1992: B3 Service Business District
Present: AB Area Business District
The subject property was annexed in 1960 as part of the Getzelman Farm and zoned C
Residential District. 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 Standard. 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 north and northwest are zoned AB Area Business District and are
improved with commercial, retail and offices uses.
The areas to the south and southwest are zoned RC1 Residence Conservation District,
and are improved with single family residential homes.
The areas to the east and southeast are zoned MFR Multiple Family Residence District
and TFR Two-Family Residence District, and are improved with apartment buildings and
duplexes, respectively.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 19-10 August 18, 2010
C. Trend of Development Standard. 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 with residential uses
to the east and south.
D. Zoning District Standard. 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 CC1 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 will 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 tenant space will consist of a front
showroom and sales area with merchandise storage located in the back of the tenant
space. The shop will also offer jewelry cleaning, minor jewelry repair and watch battery
replacement. Less than one percent of the jewelry for sale will be sold on consignment.
A security gate will be installed inside of the entry door to the tenant space to minimize
its impact on the exterior of the building as well as on the surrounding areas.
The proposed hours of operation will be Monday through Friday from 10:00 am to 6:00
pm and on Saturday from 10:00 am until 5:00 pm. The proposed pawn shop
establishment will be located, designed and operated in accordance with the appearance,
character, public health, safety and welfare of the community, and is consistent with the
other land uses of the AB Area Business District.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 19-10 August 18, 2010
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.
The subject property is comprised of 2.17 acres of land area, a one story multi-tenant
commercial building and related paved off street parking lot. A four feet high wood
fence on top of a six foot retaining wall and a solid wall of shrubs provide screening at
the rear of the site. The proposed pawn shop will occupy two vacant tenant spaces within
the existing commercial building.
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 corners of North McLean Boulevard, Abbott Drive
and Adeline Avenue on the west side of Elgin. The subject property has two full points
of access along North McLean Boulevard and Abbott Drive.
McLean Boulevard is an arterial street serving the west side of Elgin. Abbott Drive and
Adeline Avenue are local streets serving the nearby residences.
Off street parking is provided in conformance with the off street parking ordinance.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 19-10 August 18, 2010
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.
Even thought the subject property is designated "Medium Density Residential" by the
City's Comprehensive Plan and Design Guidelines dated 2005; the location, design,
operation and other land use characteristics are more in keeping with the "Highway
Commercial" designation. 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 food
restaurants, auto-oriented uses such as tire stores, service stations, auto parts stores, 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 will be
located, designed, or operated in a manner that will exercise undue detrimental influence
on itself or surrounding property.
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 943-955 North McLean Boulevard will 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 tenant space
will consist of a front showroom and sales area with merchandise storage located in the
back of the tenant space. The shop will also offer jewelry cleaning, minor jewelry repair
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 19-10 August 18, 2010
and watch battery replacement. Less than one percent of the jewelry for sale will be sold
on consignment.
A security gate will be installed inside of the entry door to the tenant space to minimize
its impact on the exterior of the building as well as on the surrounding areas.
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 is to be
located 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 19-10. On a
motion to recommend approval of the conditional use, subject to the following conditions, the
vote was three (3) yes, one (1) no, and one (1) abstention:
1. Substantial conformance with the Statement of Purpose and Conformance and
attachments, submitted by Peter Bazos, Attorneys at Law, date received July 23, 2010,
and email from Peter Bazos dated May 7, 2010.
2. The pawn shop will be restricted to the tenant spaces at 943 North McLean Boulevard,
Units C & D, located within the shopping center at 943-955 North McLean Boulevard.
3. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin
Municipal Code.
4. The pawn shop will not trade in weapons of any kind, including but not limited to
throwing stars, switchblades, butterfly knives, knuckle dusters, or regulated paraphernalia
of any kind including but not limited to rolling paper, glass pipes, and wire mesh pipe
screens.
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.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 19-10 August 18, 2010
6. No outdoor storage of goods related to the subject land use will be permitted within the
shopping center at 943-955 North McLean Boulevard.
7. Compliance with all applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 19-10 was adopted.
s/ Beth Kruger
Beth Kruger, Chairman Pro Tern
Zoning and Subdivision Hearing Board
s/ Denise Momodu
Denise Momodu, Secretary
Zoning and Subdivision Hearing Board
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