G40-12 Ordinance No. G40-12
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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.
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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.
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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.
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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.
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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.
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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
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