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HomeMy WebLinkAbout03/24/2011 P&Z Minutes 01-11 (Part 2 of 2) MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-01-11 Hearing Date: March 24, 2011 PROPERTY ADDRESS: 1774 W. Algonquin Road PETITIONER : David So PUBLICATION DATE: February 9, 2011 PIN NUMBER: 08-22-201-007-0000 REQUEST: Conditional Use for a Pawn Shop MEMBERS PRESENT: Richard Rogers, Chair William Beattie Leo Floros Theo Foggy Ronald Roberts Keith Youngquist MEMBER ABSENT: Joseph Donnelly STAFF MEMBERS PRESENT: Consuelo Andrade, Development Review Planner Brian Simmons, Deputy Director of Community Development John Dahlberg, Chief of Police INTERESTED PARTY : David So Chairman Rogers called the meeting to order at 7:33 p.m. Mr. Floros made a motion to approve the minutes of the February 24, 2011 meeting; Mr. Foggy seconded the motion. The minutes were approved 3-0 with Mr. Roberts, Mr. Foggy, and Mr. Youngquist abstaining. Chairman Rogers introduced Case PZ-01-11, 1774 W. Algonquin Road, Conditional Use for a Pawn Shop at 7:35 p.m. Ms. Andrade said the Petitioner for PZ-01-11 was seeking Conditional Use approval to operate a pawn shop at 1774 W. Algonquin Road. This case was heard at the February 24, 2011 Planning and Zoning Commission meeting and was continued to the current meeting to allow the Petitioner time to address the Commission’s concerns and collaborate with the Police Department on a number of items. Ms. Andrade stated that the Subject Property is located two lots west of Busse Road, and includes a multi-tenant building with related improvements. The Subject Property is zoned B3 Community Shopping and is bordered to the north by the I1 Limited Industrial and B4 Corridor Commercial District, to the west by the B4 Corridor Commercial District, and to the south and east by the B3 Community Shopping District. Ms. Andrade said the Petitioner presently occupied 1,400 square feet of the 13,250 square foot building located at the Subject Property. He currently operates a resale shop known as “Cash N Gold” where previously owned merchandise is purchased and either traded or sold. The Petitioner would like to expand his business by adding the pawnbroker service. The Village Zoning Ordinance permits resale shops at the Subject Property, but required Conditional Use approval for a pawn shop. Ms. Andrade stated the pawn shop component would consist of using personal property as collateral to offer loans to customers. The Petitioner intends to keep record of transactions via a computer as well as hard copies of all Richard Rogers, Chair PZ-01-11 Planning & Zoning Commission Meeting March 24, 2011 Page 1 of 3 transactions. Additionally, the Petitioner intends to video record the establishment and keep video records on file. The current business hours would not change, which are Monday - Friday 10 a.m.-7 p.m. and Saturday 11 a.m. - 5 p. m. The business is closed on Sundays. Ms. Andrade said following the February 24, 2011 Planning and Zoning Commission meeting, the Petitioner collaborated with the Police Department to address their concerns. In the event the request is approved, the Police Department recommended that the Conditional Use be subject to the following conditions of approval: The Petitioner needs to install four (4) full-time video cameras in the interior of the store and one (1) on the exterior of the store. Video records need to be retained for a minimum of thirty (30) days and must be made available upon request. The Petitioner must provide portable panic alarms for use by employees. All transactions where items are sold or pawned need to be submitted to the Police Department. The Petitioner must fully participate in the LEADSOnline transaction reporting system and pay an annual fee of $500.00 to help offset some the costs for the Mount Prospect Police Department’s annual subscription to the system. Lastly, the Petitioner must comply with all state regulations for a pawn shop. Ms. Andrade stated the standards for Conditional Uses are listed in the Zoning Ordinance and include specific findings that must be made in order to approve a Conditional Use. The following is a summary of these findings: The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; And adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets are provided. Ms. Andrade said Village Staff found that the Petitioner’s request complied with the Conditional Use standards as the proposed use as a pawn shop would be compatible with surrounding uses on Algonquin Road and the Petitioner has collaborated with the Police Department to address their concerns. Ms. Andrade stated based on Staff’s analysis, Staff recommended that the Planning & Zoning Commission approve the motion listed in the staff memo dated March 21, 2011. Chairman Rogers confirmed with Ms. Andrade that the agreement of conditions between the Police Department and the Petitioner were listed in the staff memo dated March 21, 2011. Chairman Rogers swore in David So, 936 Spring Hill Drive, Northbrook, Illinois. Mr. So stated that his business is currently a resale shop where he buys and sells consumer goods, mainly electronics. He said some of his business is devoted to precious metals. Mr. So believed by adding the pawnbroker service would help his business grow. He stated that customers have also come into his store requesting the pawn service. Mr. So said that he has met with Police Chief John Dahlberg since the February 24, 2011 Planning and Zoning Meeting and discussed the conditions of approval. Chairman Rogers asked the Petitioner if he received and agreed to the items presented in Staff’s memorandum. Mr. So stated that he agreed to the majority of the conditions because he already had some of the items mentioned in place. Chairman Rogers said for the Petitioner to obtain a positive recommendation of approval, he would have to agree to the conditions placed by Staff and the Police Department. He stated that some of the conditions could possibly be amended in the future, but for the approval, the Petitioner would have to agree to the items listed in the Staff memo. Mr. Beattie asked if the Petitioner understood what Chairman Rogers said in regards to all the conditions. Mr. So stated that he was in compliance with a majority of conditions, but questioned the $500.00 fee for the LEADSOnline system. He was hoping to reduce this fee to $250.00. Chairman Rogers said he talked with the Police Chief before the meeting who informed him that the LEADSOnline system would cost the Village Richard Rogers, Chair PZ-01-11 Planning & Zoning Commission Meeting March 24, 2011 Page 2 of 3 $4,600.00. Mr. So confirmed the amount that the program would cost the Village. Chairman Rogers believed the $500.00 fee applied to the Petitioner is a small portion of the total licensing fee. He stated the main purpose of the LEADSOnline system would help the Petitioner with his operation. There was additional discussion on the fee and the program. Chairman Rogers confirmed that there would be a benefit of the LEADSOnline system to the Police Department, however, the main reason for the Police Department requesting this program was because of the subject case. Chairman Rogers swore in Police Chief John Dahlberg. Chief Dahlberg said that at the February 24, 2011 Planning and Zoning Meeting, he requested that the Planning and Zoning Commission provide a negative recommendation to the Village Board. He stated that the Commission asked that he meet with the Petitioner to see if there was any common ground in regards to the pawn broker service. Chief Dahlberg said the Petitioner was cooperative. He discussed the Illinois Pawnbrokers Regulation Act and what jurisdiction the Village would have if the Petitioner was found in violation of the aforementioned act. Chief Dahlberg said the Petitioner has made good faith efforts to meet a majority of the conditions. He discussed the LEADSOnline system and how the Petitioner and the Police Department would benefit from the program. He said that he did not budget $4,600.00 for the program and felt that by the Petitioner paying $500.00 was an appropriate amount. Chief Dahlberg clarified that the program would help the department from an investigations standpoint and that the whole amount of the program was not entirely due to the Petitioner’s proposal. He discussed how other communities utilized the program and split the costs with their businesses. Chief Dahlberg believed the conditions placed by the Police Department and Staff were sufficient and they adequately safeguard the community and Police Department resources. Chairman Rogers asked if there was anyone else in the audience to address this case. Hearing none, he closed the public portion of the case at 7:55 p.m. and brought the discussion back to the board. Mr. Foggy asked what happened if the daily transactions were not downloaded each night. Mr. So said the transactions would be sent the following morning. Mr. So stated that he has already talked to LEADSOnline in regards to getting their software connected to the store’s proprietary computer system. Mr. Youngquist made a motion, seconded by Mr. Beattie to approve a Conditional Use to operate a pawn shop at 1774 W. Algonquin Rd, Case No. PZ-01-11 subject to the conditions of approval as listed in staff memo dated March 21, 2011. UPON ROLL CALL: AYES: Beattie, Floros, Foggy, Roberts, Youngquist, Rogers NAYS: None Motion was approved 6-0. The Village Board’s decision is final for this case. After hearing four cases, Mr. Floros made a motion, seconded by Mr. Foggy to adjourn at 10:37 p.m. The motion was approved by a voice vote and the meeting was adjourned. ________________________________________ Ryan Kast, Community Development Administrative Assistant Richard Rogers, Chair PZ-01-11 Planning & Zoning Commission Meeting March 24, 2011 Page 3 of 3