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7.4. SR 06-18-2012REQUEST FOR ACTION TO ITEM NUMBER Ma or and Ci Council 7.4 AGENDA SECTION MEETING DATE PREPARED BY Public Hearin une 18, 2012 erem Barnhart, Plannin Mana er ITEM DESCRIPTION REVIEWED By Request by Ryan Brown of Twin Cities Pawn for Conditional Cal Portner, Ci Administrator Use Permit to Operate Pawn Shop at 19179 Freeport Street REVIEWED BY (Former Hollywood Video Store), Case No. CU 12-10 ACTION REQUESTED Staff and the Planning Commission recommend approval of the Conditional Use Permit request, with the following conditions: 1. The space shall comply with all applicable building and fire codes. 2. As the Conditional Use Permit is not a Building Permit, the property owner shall obtain all necessary building permits. 3. The proprietor shall obtain and maintain all applicable pawn licenses. 4. No outdoor storage or display is permitted. 5. The infrastructure associated with the former drop box area shall be removed and landscaping reintroduced. 6. Dead trees on site shall be replaced. BACKGROUND/DISCUSSION A prerequisite to the approval of this application is the approval of the Planned Unit Development amendment to allow pawn shops as conditional uses. Ryan Brown of Twin Cities Pawn is requesting a Conditional Use Permit to operate a pawn shop in the space formerly occupied by Hollywood Video. No external changes to the building are proposed, other than signage. Internal improvements will include a retail display area, a backroom, an office, and a gun safe. The hours of operation vary by day and are consistent with those permitted by ordinance. The proposed site is greater than 250-feet from residentially used property and 500-feet from schools, parks, day care centers, churches, and other pawn shops. Planning Commission Comments After the public hearing, Planning Commissioners added the prohibition of outdoor storage/ display on site. Public Comments No comments for or against the application have been received. ATTACHMENTS ^ Conditional Use Permit ^ Pla.nning Commission packet dated June 12, 2012. F 0~ f~ E d E I AU STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER In the matter of: Request: Twin Cities Pawn Conditional Use Permit for Pawn Shop 19179 Freeport Street NW Case No. CU 12-10 CONDITIONAL USE PROCEEDINGS ORDER GRANTING CONDITIONAL USE BPBH Limited Partnership, Owner The above entitled matter came to be heard before the City Council on the 18th day of June, 2012, on a petition for a Conditional Use pursuant to the City of Elk River Zoning Ordinance, for the following described property: Lot 1, Block 3, ELK PARK CENTER, Sherburne County, Minnesota IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons: 1. THE SPACE SHALL COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES. CITY OF ELK RIVER CITY COUNCIL 2. AS THE CUP IS NOT A BUILDING PERMIT, THE PROPERTY OWNER SHALL OBTAIN ALL NECESSARY BUILDING PERMITS. 3. THE PROPRIETOR SHALL OBTAIN AND MAINTAIN ALL APPLICABLE PAWN LICENSES. 4. NO OUTDOOR STORAGE OR DISPLAY IS PERMITTED. 5. THE INFRASTRUCTURE ASSOCIATED WITH THE FORMER DROP BOX AREA SHALL BE REMOVED AND LANDSCAPING REINTRODUCED. 6. DEAD TREES ON SITE SHALL BE REPLACED. DATED this 18~ day of June, 2012. STATE OF MINNESOTA ) COUNTY OF SHERBURNE) ss. CITY OF ELK RIVER OFFICE OF CITY PLANNING AND ZONING ELK RIVER I, Jeremy Barnhart, Planning Manager for the City of Elk River with and in for said City, do hereby certify that I have compared the foregoing copy and Order granting a Conditional Use with the original record thereof preserved in my office, and have found the same to be a true transcript of the whole thereof. If the proposed work described in a conditional use permit has not been substantially completed within two (2) years after its date of issuance, the permit shall expire and become void except that the Council may, following recommendations of the Planning Commission, extend the permit for an additional period determined by the council on the receipt of a request for a permit extension prior to its expiration. A Conditional Use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases for more than six (6) months. Jeremy Barnhart Planning Manager IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Elk River, Minnesota, in the County of Sherburne, in the City of Elk River, on the day of 2012. DRAFTED BY: City of Elk River Elk River, Minnesota 55330 Signed before me a NOTARY PUBLIC this day of 2012. ~,ty~{ J _ ~ p ~ Elk -...-, REQUEST FOR ACTION River TO ITEM NUMBER Plannin Commission 4.4 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 operate pawn shop at 19179 Freeport Street (former Hollywood REVIEWED BY Video store), Case No. CU 12-10 Public Hearing ACTION REQUESTED Staff recommends approval of the Conditional Use Permit request, with the following conditions: 1. The space shall comply with all applicable building and fire codes. 2. As the CUP is not a building permit, the property owner shall obtain all necessary building permits. 3. The property owner shall- obtain and maintain all applicable pawn licenses. Applicant Ryan Brown, Twin Cities Pawn Location/ Address 19179 Freeport Street 60 Day Rule. The City must take action. by July 2, 201.2 OVERVIEW Ryan Brown wishes to open the 4``' branch of Twin .Cities Pawn at the site of-the former Hollywood Video space. Twin Cities Pawn proposes to be open about 63 hours a week and employ 5-7 people, though this may vary. Further information maybe obtained from the attached Applicants Narrative. No changes to the exterior are proposed; the property provides adequate parking based on city requirements. BACKGROUND/PRECEDENT CU 12-09 is an application to amend the PUD agreement for the subject parcel to allow pawn shops as a conditional use. If the Council does not approve that amendment, the Planning Commission and City Council should deny the application because the use is not a permitted or conditional use. Case File: CU 12-10 Page 2 GENERAL INFORMATION Twin Cities Pawn 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 can be ordered only if the use at the proposed location: 1. 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 traffic on adjacent and neighboring public thoroughfares. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will. be detrimental to any persons or property because of excessive tra~c, 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\Community Development\Planning\Case Files\CUP\CU 12-10 Twin Cities Pawn\CU 12-10 Twin Cities Pawn SR to PC 6-12- 12.docs Case File: CU 12-10 Twin Cities Pawn Page 3 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 Twin Cities Pawn proposes to use approximately 2,600 feet of the 5,000 square foot space for the showroom, with additional space devoted to storage, office, mechanical, and a gun vault. It appears in many cities that pawn shops are carefully regulated, and these cities may have witnessed undesirable effects due to their location or operation. In Elk River, pawn shops are limited to the C-3 zone with distance restrictions (and portions of the Elk Park Center PUD). Additionally, a pawn shop is required to be licensed with annual inspections. Often,. the concern. is that stolen goods may be pawned easily; the record keeping and the licensing requirements negate that somewhat. Assuming the Council adopts distance separation requirements similar to those proposed by staff, he proposed location meets the following minimums; 250 from residentially used parcels, 500 feet from schools, parks, otheY pawn shops, churches. ATTACHMENTS ^ .Location Map Applicant's Narrative ^ Buffer drawing Action Motion by Second by Vote Follow Up N:\Departments\Community Development\Planning\Case Files\CUP\CU 12-10 Twin Cities Pawn\CU 12-10 Twin Cities Pawn SR to PC 6-12- 12.docs ~~ D Elk - - REQUEST FOR ACTION River TO ITEM NUMBER Plannin Commission 4.4 AGENDA SECTION MEETING DATE PREPARED BY Plannin une 12, 2012 erem Barnhart, Plannill Mana er ITEM DESCRIPTION REVIEWED By Request by Ryan Brown of Twin Cities Pawn for CUP to erem Barnhart, Plannin Mana er operate pawn shop at 19179 Freeport Street (former Hollywood REVIEWED BY Video store), Case No. CU 12-10 Public Hearing ACTION REQUESTED Staff recommends approval of the Conditional Use Permit request, with the following conditions: 1. The space shall comply with all applicable building and fire codes. 2. As the CUP is not a building permit, the property owner shall obtain all necessary building permits.... 3. The property owner shall obtain and maintain all applicable pawn licenses. Applicant Ryan Brown, Twin Cities Pawn Location/ Address 19179 Freeport Street- 60.Day-Rule. The City must take action. by July 2, 2012 OVERVIEW Ryan Brown wishes to open the 4th branch of Twin .Cities Pawn at the site of-the former Hollywood Video space. Twin Cities Pawn proposes to be open about 63 hours a week and employ 5-7 people, though -this may vary. Further information may be obtained from -the attached Appl2cants Narrative. No changes to the exterior are proposed; the property provides adequate parking based on city requirements. BACKGROUND/PRECEDENT CU 12-09 is an application to amend the PUD agreement for the subject parcel to allow pawn shops as a conditional use. If the Council does not approve that amendment, the Planning Commission and City Council should deny the application because the use is not a permitted or conditional use. Case File: CU 12-10 Page 2 GENERAL INFORMATION Twin Cities Pawn 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 can be ordered only if the use at the proposed location: 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property to 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 traff c on adjacent and neighboring public thoroughfares. 5. 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\Community Development\Planning\Case Files\CUP\CU 12-10 Twin Cities Pawn\CU 12-10 Twin Cities Pawn SR to PC 6-12- 12.docs Case File: CU 12-10 Page 3 Twin Cities Pawri 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 Twin Cities Pawn proposes to use approximately 2,600 feet of the 5,000 square foot space for the showroom, with additional space devoted to storage, office, mechanical, and a gun vault. It appears in many cities that pawn shops are carefully regulated, and these cities may have witnessed undesirable effects due to their location or operation. In Elk River, pawn shops are limited to the C-3 zone with distance restrictions (and portions of the Elk Park Center PUD). Additionally, a pawn shop is required to be licensed with annual inspections. Often,. the concern. is that stolen goods may be pawned easily; the record keeping and the licensing requirements negate that somewhat. Assuming the Council adopts distance separation requirements similar to those proposed by staff, he .proposed location meets the following minimums: 250 .from- residentially used parcels,- 500 feet from schools, parks, other pawn shops,- churches. ATTACHMENTS ^ .Location Map Applicant's Narrative ^ Buffer drawing Action. Morton by Second by Vote FOIIOW Up N:\Departments\Community Development\Planning\Case Files\CUP\CU 12-10 Twin Cities Pawn\CU 12-1U Twin Cities Pawn SR to PC 6-12- 12.docs e N W y ~ N ~' ~ ~ Z Q ~~. +' r~ > S ~ z PANR Z . ~ 8 W A Q J ~ u I 1 b' o w ~ ~~da ~ ~ O d~- ~Y ~ a + C7 J U Z C ~, ~ j ,~,oy , . ~ ~ n. 1S 3~ 4 ,_,, w Z ~~~ F, ,~, ; H- O la N 3 N~ ~ ~_ 3 ~ O oC . ,.~ o ' a ~, ~ ' ~ x L' ~,~,~ . ~ ', d ~ 1S ` 230d3~23d ~ td _. N ~ ~ _._ J we,~~:. . ~Q . 1S 123 d~323 Q ~ ~ O $ gg d W N •~ 41 i ~ ~ ~ ~ + 1~ . do ° ' },'~ ; J s . + + ~ ~ ~ ,~, Z Q J 9 r ~~ .~ ~ O lry 3 _ 0 ! f; o~' ~ w ~ ~ i ~ s -vos~+odr ~ `~ - p ° a ~ d -~ ~. ~ U , ~. ~ ~ ~ ~, o ~ o o w x U ~~ ~ ~ N ~ ~ ~ ~ ~ >>3 M °' o V Q z , 1S ~3 0~ F4 '1S ~~ M '~ M Q , ~ d W 00 ~ u -~ ~ ff J = ~ J ~ ~ (n < C4 Description of Project- Twin Cities Pa~~m is looking to expand our stores to areas in need of the services we provide. Pawn shops offer a unique service that isn't always understood to a person who has never needed it. We are about to help countless people with their need of a short term loan to help them get by. Let me give a common scenario that ~~e run into on almost a daily basis; A customer overdraws their bank account due to an oversight and their account is $165 negative. They are scared of the $35 overdraft fee and the daily $7 fee for being overdrawn and they have no money until they get paid for 10 days. This customer brings in a gold ring from their je«Jelry box and we decide apawn-able value of $2~0. This customer decides this will be enough to get their bank account positive and leave them with enough extra cash for food and gas until payday. If this customer comes back on their payday to pick up their item, the total due as payback is $281.25. That's less than the $35 bank fee and they relieved the stress of no additional cash. Twin Cities Pawn has a track record of exceptional service, attention to detail, and we operate under all laws and codes that apply to this business. We have a well lit, clean store with professional staff that cares about customers and this is our business model. Our hours of operation are based on our retail store and are Monday-Thursday loam-8pm, Fridays loam-7pm, Saturdays loam-6pm, and Sundays from 12-6pm. This allows us to provide people with different working schedules to use our service at there convince. Twin Cities Pawn operates with a minimum staff of 2 employees at a time and staffing in addition is based on business. We will employ 5-7 people total at this unit. We would be going into an existing building that housed Hollywood Video with no exterior construction needing to be done other than a change in signage that will fall into the City's code for allowed signage. We will be replacing the sign in the existing pylon from the Hollywood video sign and that will be the space used. The address has an existing parking lot with plenty of parking and we don't believe any changes will need to be made. Twin Cities Pawn runs a very tight ship and is an excellent addition to any community. We work very hard to make sure that we are deemed as an asset to any city we are in and we are certain that after meeting us, the City of Elk River will agree. This is a letter that was written to Columbia Heights but we did not choose to open a store in this city. (~'it_~- oaf £~cikds~t~. '~zrttr~>sc~ta Iepl artq ~ z~.t ~:,#' ~'~rli~t X1,,;5 ~._,. +.~~t~.1~ ~1i C'--~iZj ~~i._)T X11 '~~ & '. ~e~e~71i1C',r ~~, ~~~ ~1~;]tf'r ~i. `~,ir.~i ~.t~w ~l ~til~xn~L~ia l~ei~hs >~~~-;,'~~~enue' ~ola~riia ~.~ei~l~rs, ~~ ~~~~I Dear her. Fehst: `~~~~in ~ite~ Pa~~~ri is t~~e C;i~. of Ualddale's ft.rst pa~~rnst~op grid i~as h~eri op~ra~iri~ iri ~Jalidaie sineL S~:~terxi~aer of yC?l {~. C~u-ner Ryan lr3ro~3n amid hip business asso~i.ates tzave ct~rriplieti ~~ itl~ all ~al£du~~ ~.~rcliriance and ir~nesota ~tat~ ~taTtlte rec~izirezncnts ar3d }ra~c;. c~~~~pli~ci ~~•ii ~~inne~~ ~s i'oliee Departriient's uieated ''a~,~n }fsterri ~~ r~qu.irerr~~n~s. cyan leas e€~I~tinuall~ e~press~d his. awareness that cc~Ynmunicataoir bete c.~;n pa~~-nsl~op ow~~e;rs ' it~aria~ers and law e~f€~rce~nnt is irnp+~rtant and laas displayed. on n~an~~ c~e~asita~s a ~~ilin~;ness ~~ coerate ~~:liene~=er neoded. F~~~an has cine alio~~e and k~e~fc~nd our department's e.~peotatic~n ~f €ieop~rativeness and laas been an iristrcir~ental part assisting nr sol~-~iti~ some ii~~~esti~ati~~e eases.. inee opening in 2f11 ~, T~~=in. Cities Pa~~i has r~pc~rted appr~axitriately ;: t~,~ toil trarisa~tc~ns with anly 35 items ec~nfiscated frt~n~ Ia ~n~c~rce~n~rit r~~,n~ tls same tr~~~ p~ri~d'_ ~zs d~;ria.~ristra~tcs R~~r~'s d~terrninaticin in stri~Tin for le~itir~iac~ %i~ the pa~~•nsht~p ausiness. Iri addittiii, respcinse from `the Oakdale corrimunity has been pc~sit~i~~e and indicati~~e that ~•an and.-his business associates are £aii-, rsc~nest and profe~sit~ri~I and the business has peon cif rea assistance to fart~ilies in need of short grin leans. Based car our cxperici~ce t~~iti "T`~rin Cities Pay ~e arc eh~cietit that F~}~an Bro~~~i and his associates ~~ill cc~~7~inue tc~ operate Iegititnate pa~~=nshop businesses in a~: ~:~nt a~ad professi~~tal ~~ant~er in-other cities and Run's ~aw~ishop tiusin:ess will serve as a ~al~aat~l.~ irsvestigati~ ~: tc~c~l. Please contact me Frith arf~' questions. incerel}r7 ~~ V~'i liasrr ullitian Cl~aef' of"Pcilice /1( ~-~ 0 ~ ~ .~ c~ o x _~ ~ ~ ~ ~ l -~ s C.6- ~ ~ ~ t ~-~ 0 0 ~ ~ C~ ~ ~ ~ ~~" ~~ ~ ~ 8 ,~ ~- 0 c ,, 1 e _ ~ j ! f it a; ~ ~~ i i ~~ i I i + } iii ~ ' ~ ~ t°'° i . ~ ;~ _..e ---° _~ ~~,. - - - .Y `-} 4su - -. :.. _. .... _ __ .__:.. `._ ~._~~.. _ __ /rte -ter J _,~ i ~ `~~. , t ~ 11 1= ~~ ' E~=; _ ' ~ I 1 ~ ~~ - - ~~ _ ~ n~ , 3 ~ t ,..~~ ~-f ~ ~ ~~ e. ~_ - -~ ~ i i ~ --~' ~ ~ t -!_-I i # `~ ~ ~ .~ ~ t F \: ~ ~ a t !' : It ," / f^. } -- ~ t ~ ~. , i ~ 'l / i _ 7 ; r .._ _ ..s s?x-_ Ms3 Fw,ctn .: 7'.+~~ `:asar~.z~nw• ~"~ ~u~ ~ s +Y .1 I ~ s ___ - - ' ' ' y._.c.r - ~ a~ - .. ~ i _ ~_'1 ~ ~ t i` _.. C 5 "_.__ ~. TT / ~t_. ~.. ~/A ...tea.-...,._.._._. _ .. _ ._ .... ~ .,..~e.~.,,.............a.T..,.~d,,.....F.m.»,,.....~.. .................,,....,,,.. _,..,,~........,.,,........ _}.........~....®.®.~o~ HIGHLAND RD i R4 191 1/2 AVE NW - <1 - ~\ ~ r }. z I `~ ~ ~ ~ ~ f ~ ~ { ~x 1 I` - _ ~ ;. z r. ', Igo Y2 [ u iv ~.,- ~ 5 '.' -. -- ., T ~' m rr. Q. A Z S .1 ~~1 , ~~,t ,~ +, e 0 325 Feet Disclaimer. This drawing is neither a legally recorded map nor a survey 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 onty. The City of Elk River is not responsible for any inaccuracies herein contained. ~~ +9 RD AI E Vlt ~~ ~ ~ I j l - cny or Elk -~-, River 250' buffer area ~ t y ' ~i l - '~ - i ~ zt , s ~ ~1 ". ]'_ ._ ., ~~ ~... : '~' Z r { I I . w / 4 'i I ii 1 t t . , t S i I ~'~ U~S+~ ~~ 1 f ~ , ©Bolton & Menk, Inc - Web GIS