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4.3 PCSR 06-12-2012REQUEST FOR ACTION ver TO ITEM NUMBER Plannin Commission 4.3 AGENDA SECTION MEETING DATE PREPARED BY Plannin une 12, 2012 erem Barnhart, Plannin Mana er ITEM. DESCRIPTION REVIEWED By Request by Ryan Brown of Twin Cities Pawn for CUP to erem Barnhart, Plannin Mana er Amend Elk Park Center PUD to allow pawn shops as a REVIEWED BY Conditional Use, Case No, CU 12-09 -Public Hearing ACTION REQUESTED Staff recommends approval of the Conditional Use Permit request, adding the following language to -the Elk Park Center Planned Unit Development agreement: Amendment No. 3 The followingshallbe added to Section. 3, subsection (02) Conditional uses of the agreement dated May 4, 1994:. Pawn shops, provided they maintain a 250-foot setback from residential used property and a 500-foot setback from schools, parks, day care centers,. churches and other pawnshops, measured from the. property line. Applicant BPBH LP, Owners Location/ Address Elk Park Center 60 Day Rule The City must take action by July 2, 2012 OVERVIEW The pxoperty owner is requesting an amendment to the Elk Park Center PUD agreement to allow pawn shops as a conditional .use within the shopping center. The owner has been approached by Twin Cities Pawn to utilize a site that formally housed Hollywood video BACKGROUND/PRECEDENT Elk Park Center was originally approved in May of 2004, and has been amended twice since then; most recently to allow for changes to the signage regulations to support the new anchor, Ashley Furniture and JoAnn Fabrics. This amendment occurred in January, 2011. Case File: CU 12-09 Page 2 GENERAL INFORMATION Elk Park Center PUD Amendment Pawn shops Location Existing Use Comprehensive Plan Current Zoning Designation Subject Vacant retail/ Highway Business PUD (Elk Park Property LeAnn Chin Center) Restaurant North Midas Muffler Highway Business PUD (Elk Park Center) South Bank Highway Business PUD (Elk Park Center) East Across Hwy 169, Across Hwy 169, Open space/ R-1c Residential Urban residential West Cub Foods Highway Business PUD (Elk Park Center) APPLICABLE REGULATIONS. Conditional Use Permit The issuance of a Conditional Use Permit canoe ordered only if the use at the proposed location: L Will not endanger, injure or detrimentally affect the use and enjoyment of other property. in the immediate vicinity or the public health, safety, morals, comfort,. convenience or general welfare of the neighborhood or the city. 2. Will be consistent with the comprehensive plan. 3. Will not impede the normal and orderly development and improvement of surrounding vacant- property. 4. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage,. refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with tra~c on adjacent and neighboring public thoroughfares. S. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. N:\Departments\Communiry Development\Planning\Case Files\CUP\CU 12-09 TC Pawn-Amend EPC PUD\CU 12-09 EPC PUD amendment SR to PC G-12-12.docx Case File: CU 12-09 Page 3 Elk Park Center PUD 1lmendment Pawn shops If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. In the review of the standards for CUP as outlined, it appears that the request is consistent with all of these standards. ANALYSIS The owners wish to amend the PUD agreement to allow pawn shops as a conditional use. Pawn shops are currently allowed as a conditional use in the C-3 (highway commercial district) with distance restrictions: 250-foot setback from a residential zone and a 500-foot setback from schools; parks, day care centers, churches and other pawnshops, as measured from the property line. The modifications to a planned unit development agreement generally govern the entire agreement area, unless specifically addressed. Using the regulation applicable to pawn shops in the C-3 zone as a baseline, portions of the Elk Park Center development fall within the 250 feet of residentially-zoned parcels, particularly on the west side of the development. To be consistent with the C-3 zoning regulations, the Planning Commission and City Council may wish to restrict pawn shop uses in a manner similar to the C- 3zoning district, with the distance requirements. The Council could also restrict pawn shops to specific lots within. the development if so desired. It should be noted that the portion of Highway 169 immediately east of the location proposed by Twin Cities Pawn (in -case No. CU 12-10) is zoned R-1 c. While this distance. does not :meet the letter of law, the intent of the separation requirement is to remove these uses from residential .The intensity of traffic on Highway 169. achieves that effect. Staffs recommendation addresses the distance separation requirement. .Comprehensive Plan The comprehensive plan does not drive to the level of specific uses. The area is guided for highway business use; the comprehensive plan has identified pawn shops appropriate in that zone. ATTACHMENTS ^ Location Map ^ Applicant's Narrative ^ Buffer drawing Action Motion by Second by Vote Follow Up N:\Departments\Communiry Development\Planning\Case Files\CUP\CU 12-09 TC Pawn-Amend EPC PUD\CU 12-09 EPC PUD amendment SR to PC 6-12-12.docx N ~ N ~ r7 Z z FA N R Z J ~ A Q W O (n W _ Q .. U +~ ~ -~ Z Y 7 d W w Z `~ H O xs :.., ~ m Z Q ~ ~ 'z ~ ~ ~~ ~ 1S 2~Od~3~l.~ C~ ~ J ~~ O ~ W O .; d ~ U W N • ~ a (~ ~ V ~ >- zdo J 1 ~ ~ O .~':~~?2 ~ Z ~" ~ U J W N J W 1 '~' . V J ~ _..~.~ ~ W ~ 4' '' y = ~ $ '~'_. .~ C 1 N ~ ~ .~~_ d ll.l Z f ! R! o U a, _ _....._. ,. Q _~. ~ 1 M ~ z Q ~ 00 N ~ V J ° f~ .~ o _ ~ ~ ~ c~ o Barnhart, Jeremy From: Sue Wong <suewong@homassociates.com> Sent: Thursday, May 03, 2012 12:04 PM To: Barnhart, Jeremy Gc: twincitiespawnshop@yahoo.com; Steve Fischer; Jenny Lenhart Subject: PUD agreement amendment Dear Mr. Barnhart, BPBH Limited Partnership, as the property owner of 19179 Freeport Street, Elk River, Minnesota, is requesting to amend the property's PUD agreement. We are requesting the amendment to accommodate the potential tenancy of "Twin Cities Pawnship"(TCP) into the vacant space at 19179 Freeport Street. TCP will be the acting agent in the application. After careful consideration, we have decided to make the change to the agreement due to several factors. We have determined that TCP is a respectable, established business that has been in operation for a number of years with 3 other locations in Minnesota. They are a locally owned company with a firm understanding of the local needs and demands. We believe that they will contribute to the general growth of the economy at 19179 Freeport. The existing businesses at this location can be generally identified as "highway businesses" and TCP will fit into this market niche. This property site has been vacant for the past three and half years and it has been a challenge to fill the space due to the struggling economy. As the property owner, we would like to have the space utilized and contributing to the area once more. We have faith that the economy will rebound in the near future and more so . with the support of the local community. We look forward to your favorable recommendation and we thank you for you kind attention. Yours truly, Sue Wong Director of Operations BPBH Limited Partnership 3288 Steiner Street, 2nd Fl San Francisco, CA 94123 T: 415-776-8588 Ext. 203 suewong_(a,homassociates.com ~- ~ ` ', -..--- --- --- ~ i 193RD AVE NW \ ~ ` j I _ __ 1',' ~. ~ ,i-, ~ J /~ ~ 1t ~, /i r `/ _ ~- ~ / i 3 JJ - _ ~, '~ t' -1 _ z ~ ~ ~. --- , • h ti ~i~T ~ j I / Cpy~ r *° ' l / ~ w - _. ~ x ? Z ~ ~ ' i i~ 1 -. -- ~ V ~ ~ ? ~ r n~as ~~ Y ~ __- - L7 r Q 7 .r;,~ / ~ ~ i, ~ ~ ~ ~~ ~~ - _ ~ ~ --_ ~ ~ l - ~ ~ ~ -~ ~ ~ _~', - HIGHLAND RD NW ~~ , _~ J ! I ~'~} 4 ~f ~- r ' ~ 4 ~ -I 191 1/Z AVE NW ^ I ~ ~ - I .__ - ~-'__- I D 1 { 3 ~ + ~ f f Z + I d G f ~ -r 19 ~ _ ~ 1 1 ~ ~ - .. fY~21~~ -~ ~ ; ~. r 190 1/1 LNNW ~ 1 w r 1 , ~ ~ -- ` j , 190TH i.N NW j ___ ~ ~ f t a ~ __ _ ' -- ~ ( ~ ~ .- ~ 190TH L \ .'! N ,~ U !~ _ _ ~ _ i , - 1 ~ ~s^~ { ;, l ~ \ \ -. -- r r _.__ ~ -~ y ~ ~ ~ l ~, ' ~ I ~~ 1 ~ ~ ~ l ~ 1 ~~ __ -- , m y ~ r O p ~ 9 ~ \ d ~ ` -- ~ 2 ~~ ~~`. ~ ~t _ e 0 325 Feet Disclaimer: This drawing is neither a legally recorded map nor a urvey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Elk River is not responsible for any inaccuracies herein contained. © Bolton & Menk, Inc - Web GIS ~/ City or Elk -~-_- River 250' buffer area