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7.3. SR 06-18-2012REQUEST FOR ACTION TO ITEM NUMBER Ma or and Ci Council 7.3 AGENDA SECTION MEETING DATE PREPARED BY Public Hearin s une 18, 2012 erem Barnhart, Plannin Mana er ITEM DESCRIPTION REVIEWED By Request by Ryan Brown of Twin Cities Pawn for a Conditional Cal Portner, Ci Administrator Use Permit to Amend Elk Park Center Planned Unit REVIEWED BY Development to Allow Pawn Shops as a Conditional Use, Case No. CU 12-09 ACTION REQUESTED Staff and the Planning Commission recommend approval of the Conditional Use Permit (CUP) request, adding the following language to the Elk Park Center Planned Unit Development (I'UD) Agreement: The following shall be 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 residentially-used property and a 500-foot setback from schools, parks, day care centers, churches, and other pawnshops, measured from the property line. BACKGROUND/DISCUSSION Ryan Brown, representing the property owner, is requesting a CUP that, if approved, would be the third amendment to the Elk Park Center PUD. This amendment would allow pawn shops within the Elk Park Centex shopping center, provided they obtain a Conditional Use Permit and axe at least 250-feet from residential-used property, and 500-feet from schools, parks, day care, churches, and other pawnshops. The proposed language is generally consistent with the language in place for the C-3 (Highway Business) zoning district. C-3 allows pawn shops if they are at least 250-feet from residential zoned property. Highway 169 adjacent to the desired site is zoned R-1c (residential). Planning Commission comments The Planning Commission held their public hearing on June 12, 2012. Commissioners discussed the separation from residential zone issue. Public Comment Other than the applicant and the owner, no person has submitted comments in support or opposition to the request. ATTACHMENTS ^ Planning Commission packet dated June 12, 2012 ^ Amendment No. 3 to Elk Park Center PUD r~awE~Ea er N:APublic Bodies\Ciry Council\Council RCA\Agenda Packet\06-18-2012\CU 12-09 Twin Cities Pawn SR to CC G-18- ~ ~"' 12.docs Action Motion by Second by Vote Follow Up N:\Public Bodies\City Council\Council RCA\Agenda Packet\06-18-2012\CU 12-09 "Twin Cities Pawn SR to CC G-18-12.docs AMENDMENT N0.3 to ELK PARK CENTER PLANNED UNIT DEVELOPMENT AGREEMENT CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA THIS AMENDMENT NO. 3 is made as of the day of June, 2012, by and between the CITY OF ELK RIVER, Sherburne County, Minnesota (the City), and a Minnesota Corporation. WITNESSETH: WHEREAS, on May 4, 1994, the Ciry of Elk River and Elk Park Center Limited Partnership hereto entered into Elk Park Center Planned Unit Development Agreement; and WHEREAS, on June 21, 1999, the Elk River Ciry Council approved an amendment to allow a 6,372 square foot retail addition to the north end of Building A and anchor tenant wall signage for Office Max; and WHEREAS, on January 18, 2011, the Elk River City Council approved an amendment to allow 2,560 total square feet of signage for three tenants: Tenant One shall be permitted 300 square feet, Tenant Two shall be permitted 1,660 square feet, and Tenant Three shall be allowed 600 square feet. WHEREAS, on June 18, 2012, the Elk River City Council approved an amendment to allow Pawn Shops within the shopping center as a Conditional Use and with siting restrictions: NOW, THEREFORE, it is hereby agreed by and between the parties here as follows: 1.) The Elk Park Center Planned Unit Development Agreement is hereby amended to add the following to Section 3, subsection (02): Conditional uses of the agreement: Pawn shops, provided they maintain a 250-foot setback from residentially-used property and a 500-foot setback from schools, parks, day care centers, churches and other pawnshops, measured from the property line. 2.) The words, phrases, terms, and conditions used herein shall be interpreted the same as those used in the Elk Park Center Planned Unit Development Agreement. 3.) All other terms and conditions of the Elk Park Center Planned Unit Development Agreement, as amended, shall remain in full force and effect and shall be binding upon the parties hereto, except to the extent clearly inconsistent with the terms and conditions of this Amendment No. 3. IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be duly executed in their names and on their behalf on or as of the date first above written. ATTEST: Tina Allard Its: City Clerk CITY OF ELK RIVER John J. Dietz Its: Mayor DEVELOPER/PROPERTY OWNER: By: Its: STATE OF MINNESOTA ) ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this day of 2012, by John J. Dietz and Tina Allard, the Mayor and City Clerk, respectively, for the City of Elk River, Minnesota. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this 2012, by of day of and Notary Public This instrument was drafted by: Gray, Plant, Mooty Peter Beck 500 IDS Center 80 South 8t'' Street Minneapolis, MN 55402 c:\users\jmillcr\appdata\local\microsoft\windows\temporary intemet files\content.ie5\2gukypli\amendment no 3.docx QOp~I REQUEST FOR ACTION TO ITEM NUMBER Plannin Commission 4.3 AGENDA SECTION MEETING DATE PREPARED BY Plannin June 12, 2012 erem Barnhart, Plannin Mana er ITEM DESCRIPTION REVIEWED By Request by Ryan Brown of Twin Cities Pawn for CUP to Jerem r 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 following shall be 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 Cite must take action by July 2, 2012 OVERVIEW The property 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 fox 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 PLTD (Elk Park Property LeAnn Chin Center) Restaurant North Midas Muffler Highway Business PUD (Elk Park Center) South Bank Highway Business PUD (Elk Park Centex) 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 U se 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. 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 hiles\CUP\CU 12-09 TC Pawn-Amend EPC PUD\CU 12-U9 EPC PUD amendment SR to PC G-12-12.docs Case File: CU 12-09 Elk Park Center PUD Amendment Pagc 3 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-1c. 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. Staffis 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\Community Development\Planning\Case Files\CUP\CU 12-U9 TC Pawn-Amend EPC PUD\CU 12-09 EPC PUD amendment SR to PC G-12-12.docs ~ N ~ r ~Z Q 7 S °' N R z F A Z o ~ ~ w A Q o ~ n M d w ~ a„ , ~ ?I21`d d ~ - d~ O Q U ~!r~ ~j ~, c7 J Z ~ ~~oti Y ~ r i .~$ ~~ Q ~ -+ ~, W Z ~ W > ~, ~, . H > o i N ~ N ~ "~ ,a _, O i + ~ m ,~_ ~~ , ~ ~ ~ A ~ ~w~ ~ ~ ~ ~- r 1 ;_aC ~~~ a ~~ W Gta ~ r . ~ , ~ O p ~ ~` ., `, , ~--~ U x w~-' ' -o + ~~ ~ ,' 15 ' ~IOd~~iJd (~ ~ cn,. ~ _.~-' g ~ ~;.' _ r ~~~ r ~ J nwa,u ;. ,..~.-~~- . 1S 12~ d3- Q ~ U O . ,.. ~+ ~ ,, ~ , ~ ....max ..,,,. ~, ~, V ,' 0 - ` N + . J>- ~ G~ b/~ _ Z ~ _~ + + (~ c~ ,, m~,. ,. .: ~~ ~ O Z O ` UWT ~ x ., p:` ~A..r ,.. .act, ~ w ~ 1S NOS~10b'f - ;; cv O a ~ a ~ ~, ~ ~ N ~ ~ o 4, ,;.- :- ~. J ~ i-- 0 !WO' ~ ~ U \ v> ~~_ ~' ~ 7 Z x ~ ~ ~ ~ . v _. __.. 15 ~~ Ol Z i-- ~ .1S 1l M c tt r7 Q i v W .,~ oo ' r7 U J ~! ~ O ~~~ J ~ J p 0 ~ ~ ~° ,~ Q~_ Barnhart, Jeremy From: Sue Wong <suewong@homassociates.com> Sent: Thursday, May 03, 2012 12:04 PM To: Barnhart, Jeremy Cc: 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 z{ ~' 0 0 0 ~. m ~f ~ .. i i y ~4 ,. _. _ -.. 1/? LH NW ~.._~__.'.. ----.I 1 f aqy -- W i ~---- _~ '~ 190TH LN NW ,, ,.. -- i - . ~ ~. A R` _i me '1' ~_- o A ', -~ `, ~` N "-1 -i , R~ 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 only. The City of Elk River is not resvonsible for any inaccuracies herein contained. © Bolton & Menk, Inc - Web GIS Ji aty or Elk -~-_ River 250' buffer area