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7.6 SR 07-16-2012~/ ' it~: Elk ...r. REQUEST FOR ACTION River TO ITEM NUMBER Ma or and Ci Council 7,6 AGENDA SECTION MEETING DATE PREPARED BY General Business ul 16, 2012 erem Barnhart, Plannin Mana er ITEM DESCRIPTION REVIEWED By Conditional Use Permit to Amend Elk Park Center Planned Cal Portner, Ci Administrator Unit Development to Allow Pawn Shops as a Conditional Use, REVIEWED BY Case No. CU 12-09 ACTION REQUESTED Invite public comment and consider resolution denying the Planned Unit Development amendment allowing Pawn Shops in Elk Park Center. BACKGROUND/DISCUSSION At the June 18, 2012, meeting, the Council directed staff to prepare a resolution denying the Conditional Use Permit to amend the Planned Unit Development Agreement to allow Pawn Shops in the Elk Park Center. The public hearing vas closed at the June 18 meeting; however, the Council should open this item for additional public comment to allow those who wish to comment an opportunity to speak. ATTACHMENTS Planning Commission Packet Dated June 12, 2012 City Council Action Requested June 18, 2012 Resolution for Denial AGt1011 l-lotion by Second by Vote FOllow Up P~iTERED Bf N:\Public Bodies\City Council\Council RCA\Agenda Packet\07-IG-201?\CU 12-09 'T'win Cities Pawn SR to CC 7-1G- ~ i~~~~~ 12.docs v Q0~~1 REQUEST FOR ACTION TO ITEM NUMBER Plannin Coinlnission 4.3 AGENDA SECTION MEETING DATE PREPARED BY Plannin June 12, 2012 Jeremy- Barnhart, Plannin 1\lana er ITEM DESCRIPTION REVIEWED By Request b~~ R~~an Brown of T~t-in Cities Past-n for CUP to Jerem -Barnhart, Plannin 1\Iana er l~mend Elk Park Center PUD to allow pa«%n shops as a REVIEWED BY Conditional Use, Case 1\To. CU 12-09 -Public Hearing ACTION REQUESTED Staff recommends approval of the Conditional Use Permit request, adding the following language to dle Elk Park Center Planned t nit Development agreement: l~mendment No. 3 The following shall be added to Section 3, subsection (02) Conditional uses of the agreement dated 1\Iay 4, 1994: Pawn shops, propsided 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 CitS= 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 Holl~~vood video. BACKGROUND/PRECEDENT Elk Park Center was originally appro~=ed 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, l~shley Furniture and JoAnn Fabrics. This amendment occurred in Januat-~=, 2011. Casc File: CU 12-09 Pagc 2 GENERAL INFORMATION Elk Park Center PUD amendment Pawn ,hop. Location Existing Use Comprehensive Plan Current Zoning Designation Subject ~Tacant retail/ High«~a~~ Business PUD (Elk Park Property LeAnn Cllin ~ Center) Restaurant North Midas 1~luffler Highwa~~ Business PUD (Elk Park Center) South Bank High«-aj~ Business PUD (Elk Park Center) East Across HwST 169, Across Hw~~ 169, Open space/ R-1c Residential Urban residential West Cub Foods Highwa~~ Business PUD (Elk Park Center) APPLICABLE REGULATIONS Conditional Use Permit The issuance of a Conditional Use Permit can be ordered onh~ if the use at the proposed location: 1. gill not endanger, injure or detrimentally affect the use and enjoyment of other property in t1~e 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. [Ylill 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. bill 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 tl~e 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\Communih~ De~•elopment\Planning\Case Piles\CUP\CU 12-09 TC Pawn-Amend EPC PUD\CU 12-09 EPC PUD amendment SR to PC 6-12-12.docs Case Pile: CU 12-09 Elk Park Center PUD Amendment Pagc 3 Pa~~~n 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 CL'P 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 propert~~ 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 widen the 250 feet of residentially-zoned parcels, particularly on the west side of the deg-elopment. To be consistent with die C-3 zoning regulations, the Planning Commission and Cit<~ Council may wish to restrict pawn shop uses in a manner similar to the C- 3zoning district, with die distance requirements. The Council could also restrict pawn shops to specific lots within the deg-elopment 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. Wlvle this distance does not meet the letter of la~v, the intent of the separation requirement is to remove these uses from residential. The intensit~7 of traffic on Highway 169 achieves that effect. Staffs recommendation addresses die 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 ^ l~pplicant's Narrative ^ Buffer drawing QCtloll Notion b}~ Second b~- Vote Follow Up N:\Departments\Communih Development\Planning\Casc Files\CUP\CU 12-119 TC Pawn-Amend EPC PUD\CU 12-U9 EPC PUD amendment SR to PC G-12-12.docx N j N r7 ~ Z Q S ~ z FA N R Z o~ J W A Q o °- w b ~ ~12fb'd ~ ~ d d Q U /Jd ~j ~ ~ ~ Z " Y ~ is ~~ n ~,~ 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. Phis 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 o~mer, 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 suewon~(a?homassociates. com e 0 325 Feet / ~, Elk -,-~ River Dfzcla lmer: This drawing is neiihera legally recorded map nora rvey 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 no[ responsible for any inaccuracieshevein contained. 250' buffer area © Bolton & Menk, Inc -Web GIS / ~ ~~ \~ ,..,. ~ \ .~...-. Elk -~_ River REQUEST FOR ACTION To ITEM NUMBER 'liavor and Cite Council ?.3 AGENDA SECTION ;MEETING DATE PREPARED BY Public Hearin rs ~ June I8, 2012 Jererzn= Barnhart, I'lann.in hlana er ITEM DESCRIPTION ~ REVIEWED By lteyuest by Ryan Brown of "T~a-in Cities fawn for a C:oncfitional Cal I'orener, Cin~ Administrator Use Permit to:lmend L1k Park Center Planned unit REVIEWED BY Dec-elopment to Allow Pa~.vn Shops as a Conditional hse, Case No. CL` 12-09 ACTION REQUESTED Staff and the Planning Commission recommend approval of the fonditional Use Permit (CI `P) request, adding the following; languat e to the 1=i.lk Park Ccntcx Platane-d L-nit Development (PL`D} Agreement: 'The following shall be added to Section 3, subsection (02) cc.>nditional uses of the agreement dated May 4, 1994: Pativn shops, provided they maintain a 250-foot setback front residentially-used p.ropert}= and a 500-foot setback from schools, parks, day care centers, churches, and other pawnshops, measured from the property line. BACKGROUND/DISCUSSION IZ~=an Brown, representing the property owner, is requesting a CC.'P that, if approved, would be the third amendment to the Ilk Park Center PL"Ill. This amendment would allow pawn shops within the Llk Park Center shopping center, pro~-ided the~~ obtain a Conditional t..?se Pernvt and are at least 250-feet from residential-used property=, and 500--feet fxom schools, parks, dat- care, churches, and other pawnshops. 'The proposed language is generallti- cc.~nsistent with the language in place for the C-3 (Highway Business} zoning district. C-3 allows pawn shops if they arc at least 250-feee from residential zoned property. I-Iigh~va~~ 161 adjacent to the desired site is -r..oned R-lc (residential). Planning Commission corrunents The Planning Commission held their public hearing on June 12, 201.2. Commissioners discussed the separatiota fronra residential zone issue.. Public Comment Other than the applicant and the. owner, n.o person has submitted comments in support or opposition t<.~ the request. ATTACHMENTS • Planning C:omnission packet dared )tine 12, 2012 • Amendti~ent No. 3 r_o Frlk Park Center PUD FBNEREB BY ti.'~,1'ublic Bndicsl(.ity CGnf;icd~t:ounal RG:~\:Agerda 1'ac'sct';t?6-t'~ ?Qtl`~(';;; 12-99 ~( s~nf ~,1Cii`;i Pa~cn ~K to (;C (,-18- # ~?.Lf1C\ Ali ACfla11 lEotion lay, 5ecoi~d f~c `~'c~tc Fallow Up ___ ___._.._____ ~:AI'ublic SucGc<tE:itp (ourcil'a.:ounril lit.:! „1~!cnd~ Fact;ct`~!16- I??-ZL!12` Cif 1?-t?91\Fir Gur's P:m~n pit iii l~C Cr-18-12Jocs RESOLUTION NO. 12- A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION DENYING AN APPLICATION FOR A CONDITIONAL USE PERMIT TO AMEND THE ELK PARK CENTER PLANNED UNIT DEVELOPMENT TO ALLOW PAWN SHOPS AS A CONDITIONAL USE WHEREAS, Ryan Brown of Twin Cities Pawn (The Applicant) has applied (The Application) for a conditional use permit to amend the Elk Park Center Planned Unit Development (The PUD) to allow pawn shops as a conditional use; and WHEREAS, the Elk River Planning Conunission held a public hearing on the Application for a conditional use permit on June 12, 2012 at which time the Applicant and all members of the public desiring to speak were provided the opportunityto do so; and WHEREAS, the Planning Commission adopted a motion recommending approval of the Application to the Elk River City Council, subject to the conditions recommended by city staff as set forth in the staff report; and WHEREAS, the Elk River City Council, on June 18, 2012, held a public hearing on the Application at which time the Applicant and all members of the public desiring to speak were provided the opportunity to do so; and WHEREAS, following the June 18, 2012, public hearing, the City Council discussed the Application, considered the Planning Commission's recommendations, continued consideration of the Application to its regular scheduled meeting of July 16, 2012, and directed staff to prepare a draft resolution for denial of the Application; and WHEREAS, the Elk River City Council, on July 16, 2012, took additional testimony and further considered the Application and the draft resolution of denial prepared by staff; and WHEREAS, after all parties desiring to present testimony and offer evidence for and against the application had had the opportunityto do so, the Elk River City Council closed the public hearing on the Application, continued its discussion of the application, and reached the decision incorporated in this resolution. NOW, THEREFORE BE IT RESOLVED, the City Council for the City of Elk River makes the following findings of fact and decision with respect to the Applicant's request for a conditional use permit to amend the Elk Park Center Planned Unit Development to allow pawn shops as a conditional use. FINDINGS OF FACT The City Council makes the following findings of fact with respect to the Application: -1- A. That the Elk Park Center Planned Unit Development was approved by Resolution No. 93-81 of the Elk River City Council on December 20, 1993. B. That development of the Elk Park Center Planned Unit Development is governed by Resolution No. 93-81 and the Planned Unit Development Agreement for Elk Park Center entered into between the developer of Elk Park Center and the City of Elk River on May 4, 1994 (The PUD Agreement. C. That Resolution No. 93-81 and the PUD Agreement do not allow pawn shops as a permitted or conditional use in Elk Park Center. D. That development of a pawn shop in Elk Park Center is contrary to the uses allowed in Elk Park Center. E. In the nearly 20 years since Elk Park Center was approved by the City Council, there have been zero amendments adding permitted or commercial uses. F. That amending the PUD Agreement to allow pawn shops at Elk Park Center would be inconsistent with the city's goals and objectives for Elk Park Center when it was approved in 1993, and inconsistent with the nearly 20-year history of operations at Elk Park Center. G. That amendment of the PUD Agreement to allow development of a pawn shop does not meet vision or purpose established by the 1993 City Council and the current council for Elk Park Center. FL That there are numerous other properly zoned parcels within the city to locate pawn shops and therefore no need to amend the PUD Agreement. DECISION THEREFORE, the City Council for the City of Elk River makes the following decision with respect to the application for a conditional use permit to amend the Elk Park Center Planned Unit Development to allow pawn shops as a conditional use: A. The record in this matter shall include all material submitted to the city and presented to the Planning Cominission and City Council, including those materials presented in the staff reports, bythe city staff, all materials and testimony submitted by or on behalf of the Applicant, and all testimony received from the public as of the date of this resolution. B. The findings of fact set forth above in this Resolution are hereby adopted and incorporated as specific grounds for the decision set forth herein. C. Based on all of the above, the Application for a conditional use permit to amend the Elk Park Center Planned Unit Development to allow pawn shops as a conditional use is denied. -2- Passed and adopted this 16`h day of July, 2012. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk -3-