RES 12-35 RESOLUTION NO. 12-35
• 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 Commission held a public hearing on the Application for a
conditional use permit on June 12,2012, at which time the Applicant was provided as much time as
it desired to present the Application and all information and data they desired in support of the
Application;and
WHEREAS, the Planning Commission took testimony from all members of the public who
desired to speak at the June 12, 2012,public hearing;and adopted a motion recommending to the
Elk River City Council that the Application be approved, 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 merits of
the Application, took into consideration the Planning Commission's recommendations and took
action to continue consideration of the Application to its regular scheduled meeting of July 16,2012,
and directed City 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 opportunity to 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 would be contrary to the uses
allowed in Elk Park Center.
E. That in the nearly 20 years since Elk Park Center was approved by the City Council,
there have been only two amendments of the PUD Agreement,neither of which
added additional permitted or conditional uses for the Elk Park Center.
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 •
would have a negative impact on the image of Elk Park Center and many of the
other tenants in Elk Park Center.
H. That there are numerous other opportunities within the City for the location of pawn
shops and therefore no need to amend the PUD Agreement to allow pawn shops in
Elk Park Center.
I. That the operation of a Pawn Shop in this area would harm the image of Elk Park
Center and create a negative social stigma to the area.
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 Commission and City Council,including those materials
presented in the staff reports,by the 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.
•
-2-
B. The findings of facts 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.
Passed and adopted this 16`h day of July, 2012.
Jo" J. D.etz,Ma lib
ATTEST:
Tina Allard, City Clerk
•
-3-