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07/09/2012DES PLAINES PLAN COMMISSION July 9, 2012 MINUTES DES PLAINES ILLINOIS The Des Plaines Plan Commission held its regularly scheduled meeting on Monday, July 9, 2012, at 7:00 P.M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. PLAN COMMISSION PRESENT: Bar, Niemotka, Yi ABSENT: Lane, Perez Also present was Senior Planner, Scott Mangum, Department of Community and Economic Development. Chairman Niemotka called the meeting to order at 7:00 P.M. A motion was made by Commissioner Bar seconded by Commissioner Yi to table the minutes of the May 14, 2012 and June 11, 2012, hearings as submitted. AYES: NAYES: Bar, Niemotka, Yi None MOTION CARRIED NEW BUSINESS Chairman Niemotka read a summary of the matter on the Agenda: Case Number 12-040-TA Address: Citywide Request: The petitioner is requesting a Text Amendment to the City of Des Plaines 1998 Zoning Ordinance, as amended, amending Table 7.3.1, Commercial Districts Use Matrix, to allow for Pawn Shops in the C-3, General Commercial District. Petitioner: Peter Kozysa 26 Echo Hill Drive Lake in the Hills, IL 60156 The following individuals were sworn in: Peter Kozysa, 26 Echo Hill Drive, Lake in the Hills, IL 60156 Jack Winnik, 776 Meadow Drive, Des Plaines, IL 60016 Petitioner Kozysa introduced himself and explained his request to the Board. Commissioner Yi asked if there was a negative perception about pawn shops. Mr. Mangum said some communities have concerns. Mr. Winnik said there is a bad stigma associated with pawn shops, but the show "Pawn Stars" has done a great deal to reverse that stigma and Petitioners wish to follow along the same lines. Case #12-040-TA Page 2 Petitioner Kozysa said the stigma is that crime is attracted, but he wanted to emphasize that the business would not exist if they dealt with stolen goods. He said pawn shops are highly regulated by the state. He said it makes little sense, as a business, to deal with stolen goods if the police can seize the property. Commissioner Bar asked Petitioners where they planned on opening the proposed pawn shop. Petitioner Winnik Said 1926 Touhy Avenue. He said it is a small strip mall. Petitioner Kozysa said they chose the location due to its proximity to the expressway. Chairman Niemotka asked Petitioners if the proposed pawn shop would be strictly resale or if they would also give loans. Petitioner Kozysa said both. Commissioner Yi asked if it was a coincidence that they decided to open pretty soon after the opening of the casino in Des Plaines. Petitioner Kozysa said yes and no. He said the casino will generate business from all over the area and would be a great place to locate their business. He went on to say that Petitioners have been in the business for some years now and have meticulously planned this out. Petitioner Winnik said this has been very well planned out and they have operated a resale shop for the past two years. Chairman Niemotka asked Petitioners if they see competition with businesses such as "Payday Loans". Petitioner Kozysa said no, their proposed pawn shop will require hard collateral. Chairman Niemotka asked Mr. Mangum to read the applicable staff report into record, as follows: Issue: Text Amendment to the City of Des Plaines 1998 Zoning Ordinance, as amended, amending Table 7.3.1, Commercial Districts Use Matrix, to allow for Trade Contractors as a Conditional Use in the C-3, General Commercial District. Analysis: Text Amendment Report Petitioner: Peter Kozysa, 26 Echo Hill Drive, Lake in the Hills, IL 60156 Address: Citywide Case Number: 12-040-TA Background Information The applicant is requesting the text amendment in order to allow Pawn Shops as a permitted use within C-3, General Commercial zoned areas of the City. The Zoning Ordinance currently does not allow for Pawn Shops within any zoning district, however, staff has received a number of inquiries to establish Pawn Shops, particularly since the announcement of the Casino location in 2008. Staff is aware of one legal nonconforming Pawn Shop located on Graceland Avenue in the downtown area. As a part of the process of creating the Draft Unified Development Ordinance, the working group, staff, and consultant developed standards to address the use. Staff recommends that these development standards be incorporated into the current Zoning Ordinance to properly control the location of pawn shops in relation to sensitive uses and prevent the concentration and proliferation of the use. Pawn Shop. A Use that provides secured loans with items of personal property used as collateral for the loan. Collateral items forfeited during the loan process, may be for sale. This includes Uses that focus on buying gold or other jewelry for cash. In the districts where Pawn Shop requires a Conditional Use Permit, the following development standards apply: 1. All standards of the City Code Title 4, Chapter 8A shall be met. 2. The Pawn Shop shall be at least three hundred (300) feet from any Residential Use. Case #12-040-TA Page 3 3. The Pawn Shop shall be at least six hundred (600) feet from any Place of Worship, any School except Higher Education, or any Park. 4. The Pawn Shop shall be located at least one thousand (1000) feet from another Pawn Shop Use, Check Cashing or Payday Loan Facility. 5. Hours of operation are limited to between 8:00 a.m. and 9:00 p.m. daily. If the modified amendment is approved by the City Council as recommended by staff, any Pawn Shop would be required to apply for a Conditional Use Permit that would be considered on a case -by -case basis with the ability to attach conditions to mitigate potential impacts. To properly evaluate the text amendment request, the standards below, which are contained in Section 3.7-5 of the Zoning Ordinance, must be employed. Following is a discussion of those standards: A. Whether the proposed amendments are consistent with the goals, objectives and policies contained in the Comprehensive Plan: Comment: The City of Des Plaines Comprehensive Plan, adopted by the City Council in 2007, does not specifically address the proposed use. However, goals of the Comprehensive plan include strengthening the City's existing commercial areas. Pawn Shops have the potential to fill vacant commercial spaces, but also have the potential to impact other neighboring uses. B. Whether the proposed amendments are compatible with the current conditions and the overall character of existing developments in the immediate area: Comment: The Zoning Ordinance states that the purpose of the C-3 General Commercial District is to accommodate a variety of businesses in locations to serve the community of Des Plaines. The proposed use can be considered commercial in nature, but also operates differently than a typical retail business. Other communities have raised concems over negative externalities that could be associated with pawn shops. C. Whether the amendments are appropriate considering the adequacy of public facilities and services available to the property: Comment: The proposed amendment to allow Pawn Shops as a conditional use should not have a large affect on public facilities or services. Police Department approval of a business license is required per the City Code and the staff proposed development standards would limit the proliferation or concentration of the use. As a conditional use, adequacy of public facilities and potential impacts such as traffic could be evaluated on a case by case basis. D. Whether the proposed amendments will have an adverse effect on the value of properties throughout the jurisdiction: Comment: The proposed amendment would allow an additional land use for properties within the C-3, General Commercial Zoning District. However, this use may be in conflict with more sensitive neighboring land uses and could have a negative impact on property values without development standards. E. Whether the proposed amendments reflects responsible standards for development and growth: Comment: This zoning text amendment does not appear to conflict with the City's Comprehensive Plan, the official policy guide to future land use, development, and conservation with the community. Therefore, the proposed text amendment would not appear to be in conflict with responsible standards for development and growth. The proposed change would not be anticipated to generate a significant amount of development and growth in the City. Recommendation: Based on the above analysis, the Community and Economic Development Department recommends approval of a modified text amendment regarding Pawn Shops. Establishing Pawn Shops as a Conditional Use in the C-3 District with development standards would allow for the use in the community while setting standards to control the location in relation to sensitive uses and avoid the concentration and proliferation of pawn shops. Case #12-040-TA Page 4 Plan Commission Procedure: Under Section 3.7-4 of the Zoning Ordinance (Amendments) the Plan Commission may vote to recommend approval, approval with modifications, or disapproval. The City Council has the final authority on Amendments to the Zoning Ordinance. Commissioner Bar said under the definition of "pawn shop," he has concems about the proximity in relation to the casino. He is worried about people selling their items in order to gamble. He related a story of a woman he saw trying to sell her dog in order to get money to gamble. He said he thinks there will be a negative impact on the City. He opined that it was not a coincidence that pawn shops have suddenly become interested in moving to Des Plaines; he believes it is because of the casino. He asked Petitioners if the existing pawn shop in Des Plaines has received more business because of the casino. Petitioners said they had to data on the subject Chairman Niemotka asked Mr. Mangum if there was a way to obtain such data. Mr. Mangum said he was unsure, but it is something that could be looked into. Petitioner Kozysa asked Commissioner Bar if he meant that the pawn shop should be located further away from the casino. Commissioner Bar said it should not be so convenient for gamblers to sell items in order to obtain more money to gamble. Petitioner Kozysa said their pawn shop will have to operate between certain hours and will not be open at night. He related that he had been in the casino business for 14 years and further stated that if someone was desperate enough, they would drive great distances to obtain the money. Commissioner Bar said he agreed that if they wanted the money a person will drive great lengths, he just doesn't want to make it so convenient. Commissioner Yi asked Mr. Mangum if the City has given any thought to the concem Commissioner Bar has voiced. Mr. Mangum said that concem has been voiced which is why locational requirements have been inserted. Commissioner Yi asked where the current pawn shop is located. Mr. Mangum said on Graceland, about two blocks south of City Hall. Petitioner Kozysa said that there already exists a store that buys gold, silver, and coins and is not so different from a pawn shop in the strip mall they intend to move into. A motion was made by Commissioner Yi seconded by Chairman Niemotka to recommend approval of a Text Amendment to the City of Des Plaines 1998 Zoning Ordinance, as amended, amending Table 7.3.1, Commercial Districts Use Matrix, to allow for Pawn Shops in the C-3, General Commercial District. AYES: Yi NAYES: Bar, Niemotka MOTION FAILED A motion was made by Commissioner Bar seconded by Chairman Niemotka to deny recommendation of a Text Amendment to the City of Des Plaines 1998 Zoning Ordinance, as amended, amending Table 7.3.1, Commercial Districts Use Matrix, to allow for Pawn Shops in the C-3, General Commercial District. AYES: Bar, Niemotka NAYES: Yi MOTION CARRIED Case #12-040-TA Page 5 The meeting was adjourned at 7:26p.m. by unanimous voice vote. Sincerely, RobertNiemotka, Chairman Des Plaines Plan Commission cc: City Officials Aldermen Plan Commission Petitioner