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HomeMy WebLinkAbout02/24/2011 P&Z Minutes 01-11 (Part 1 of 2) MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-01-11 Hearing Date: February 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 Joseph Donnelly Leo Floros MEMBERS ABSENT: Theo Foggy Ronald Roberts Keith Youngquist STAFF MEMBERS PRESENT: Consuelo Andrade, Development Review Planner John Dahlberg, Chief of Police INTERESTED PARTIES : David So Chairman Richard Rogers called the meeting to order at 7:35 p.m. He stated that the last case on the agenda, PZ- 19-10, 1601 S. Busse Road would be continued to the March 24, 2011 Planning and Zoning Meeting. Mr. Donnelly made a motion to approve the minutes of the January 27, 2011 meeting; Mr. Beattie seconded the motion. The minutes were approved 4-0. Chairman Rogers introduced Case PZ-01-11, 1774 W. Algonquin Road, Conditional Use for a Pawn Shop at 7:38 p.m. Ms. Andrade stated the Petitioner for Case Number PZ-01-11 was seeking Conditional Use approval to operate a pawn shop at 1774 W. Algonquin Road. Ms. Andrade said the Subject Property is located two lots west of Busse Road and includes a multi-tenant building with related improvements. The Subject Property has dual street frontage and includes a building with street frontage along Algonquin and Dempster Road. The main entrances are located facing Algonquin Rd. 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 stated the Petitioner presently occupies 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. Merchandise includes electronics, musical instruments, jewelry, computers, and power tools. 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 requires Conditional Use approval for a pawn shop. Ms. Andrade explained how the pawn shop component to the business would operate. She said the pawn shop would consist of using personal property as collateral to offer loans to customers. Customers would be able to Richard Rogers, Chair PZ-01-11 Planning & Zoning Commission Meeting February 24, 2011 Page 1 of 5 pawn an item for a loan and purchase it back for the amount of the loan plus interest within a certain contractual period of time. If the loan is not paid back within the time period, the pawned item is put up for sale by the pawnbroker. The Petitioner intends to keep record of transactions via computer as well as hard copies. 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 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 Departments reviewed the request and had some concerns with the proposed use. The Police Department specifically had concerns with the proposed pawn shop based on past experience with pawn shops and was in attendance at the hearing to speak regarding the zoning case. From a zoning perspective, the Subject Property is located within a commercial area which includes uses such as restaurants and retail shops. The Petitioner’s current business as a resale shop is compatible with surrounding uses on Algonquin Road and the proposed use as a pawn shop would also be compatible. Ms. Andrade stated based on Staff’s analysis, Staff recommended that the Planning & Zoning Commission recommend that the Village Board approve the motion listed in the Staff Report. The Village Board’s decision is final for this case. Mr. Floros said that the business currently has previously owned merchandise which is traded or sold. He wanted to know how this was different than the Petitioner’s request. Ms. Andrade explained what a pawn service does in regards to loans and merchandise. Ms. Andrade said the Cash N Gold currently exists as a resale shop only without the pawning component. Mr. Beattie confirmed that nothing physically would be done to the subject property, it would just be an additional service added inside the store. Chairman Rogers swore in David So, 936 Spring Hill Drive, Northbrook, Illinois. Mr. So stated that he is operating a resale business as previously discussed. He said that he would be purchasing merchandise from a wholesaler and would be able to sell it as a discount as compared to big box stores. Chairman Rogers asked that if there was a cash for gold component of the store. Mr. So stated that he does purchase jewelry, but could not gage how much of his business would concentrate in purchasing gold and jewelry. Mr. So said that his business has only been opened a month to a month and half. Mr. So discussed the pawn shop element where he would be able to provide loans to individuals who normally would not be able to receive from banks due to their credit. Mr. Beattie asked the Petitioner if he had any other stores. Mr. So stated that the subject property is his only store. Mr. Floros asked what kind of assurances that the Petitioner has in order to determine that an item is not stolen. Mr. So said he would follow the State’s guidelines. A state ID would be required and all items would be tagged with a serial code and number and held in a back room for 48 hours. Mr. So stated that his books would be open to the Police Department at anytime. Chairman Rogers said 48 hours seemed like a short amount of time. Mr. So Richard Rogers, Chair PZ-01-11 Planning & Zoning Commission Meeting February 24, 2011 Page 2 of 5 stated that the 48 hour holding period is referenced in the Village Code. He believed that there would be more stringent guidelines required by the Illinois Department of Professional Regulation. Mr. So said that the zoning approval was the first step before he could receive a license from the State of Illinois to become a pawn broker. Chairman Rogers confirmed that records of the merchandise are kept longer than 48 hours. The holding period is just for the merchandise. Mr. Beattie asked if the Petitioner wanted to include the pawn shop element before opening his current store. Mr. So said yes. Mr. Beattie asked why the Petitioner did not wait to have zoning approval for the pawn shop before opening the aforementioned business. Mr. So stated that he knew the zoning process for the pawn shop would take some time; he said he was able to obtain a resell license much faster. Mr. Beattie asked what happens to the items after they are held for 48 hours. Mr. So said the items are placed in the front of the store to be sold. Mr. Beattie asked the Petitioner how long a loan would be for a pawned item. Mr. So stated that the loans are generally issued for 30 days. There are factors that could make the loan longer. Mr. Beattie confirmed with the Petitioner that pawned items would be secured for the term of the loan. Chairman Rogers swore in John Dahlberg, Chief of Police for the Village of Mount Prospect. Chief Dahlberg stated that he was in attendance to address the issue of pawn shops. He said in 2008, the Police Department conducted a series of stings at a resale shop located near the subject property. This resale shop became a pawn shop without receiving approval from the Village. Chief Dahlberg said that per state statute, pawn brokers are required to submit their record of transactions daily if the Police Departments requests them. Chief Dahlberg stated that the Village would request this log daily, but it takes time to review the transactions. He said the 48 hour hold period is written in the Village Code for resale shops. Chief Dahlberg requested that the application for Conditional Use be denied; however, if the Planning and Zoning Commission recommend approval to the Village Board, he would like to work with the Village Attorney to draft additional conditions to the recommendation of approval. These conditions would be made available when the subject case is presented to the Village Board. Chief Dahlberg stated that the Subject Property is located within the quadrant of the Village where property crimes are the highest. He said since the closure of Cash Solutions, formerly located at 1803 W. Algonquin Road, property crimes have dropped significantly. Burglary to autos has dropped 55%. Chief Dahlberg stated that the homeless population is the highest in this area of the village. Due to all the multi-family complexes in the vicinity of the Subject Property, the Police Department conducted an aerial survey of vehicles within one mile of the store. Chief Dahlberg stated there are approximately 5,000 cars parked outside over night within the one mile area of the Petitioner’s store. He said thieves target vehicles during the overnight hours. Chief Dahlberg stated that he received calls from other municipality Police Chiefs who linked crimes in their area to the Cash Solutions store that was previously mentioned. Chief Dahlberg respected the fact that this was Mr. So’s first business venture, but stated the cliental of a pawn shop are cleaver, and are in some cases dishonest. Chief Dahlberg said if the Commission recommended approval for Mr. So, he stated that some of the conditions he would recommend are listed within Mr. So’s zoning application. He said he was fine with the proprietary point of sale tracking program. The Police Department would be looking for video surveillance inside and outside the store. The video surveillance must capture the face of the person making the sale (turning in the item). Chief Dahlberg stated the Police Department would also like video surveillance 75 feet on each side of the front door that captures vehicles and their license plate numbers. Chief Dahlberg requested to complete an addendum document that could be resubmitted to the Planning and Zoning Commission and the Village Board. He stated that he would like to work with the Village Attorney to Richard Rogers, Chair PZ-01-11 Planning & Zoning Commission Meeting February 24, 2011 Page 3 of 5 draw up a specific document that addresses the conditions that the Police Department is looking for. Chief Dahlberg stated that many of the things Mr. So indicated are obligatory on his part. The Police Department would be looking for a few additional items above what the state requires. Chief Dahlberg stated the Police Department would work with Mr. So if he obtained approval. The Police Department would require Mr. So to retain video surveillance images for 30 days and be subject to inspection. If Detectives arrived at the store and the cameras were not on, that would be considered a prima facie violation. This could lead to revocation of the Conditional Use and would result in a hearing on the business license at large. Mr. Beattie asked Chief Dahlberg to go over any additional conditions that he would like to see besides the video surveillance and the point of sales tracking. Mr. Beattie also asked if the conditions that the Chief was seeking were similar to other communities where pawn shops are located. Chief Dahlberg stated that most of the conditions come from other Police Departments in other parts of the country. He said that pawn shops are ground zero for unloading stolen merchandise and Police Departments have become attentive of these types of stores and are learning how to manage with them. Chief Dahlberg said that the Police Department is not trying to be onerous of Mr. So’s business; they just want to make sure safeguards are in place to go above and beyond the State’s statute. Chief Dahlberg stated that he would like the Petitioner to hang onto items longer than 48 hours due to Staff review time and to victims who have merchandise stolen while on vacation out of town. Chief Dahlberg said that Mr. So could sit down with him and the Village Attorney to go over why conditions to the Conditional Use were necessary. Chief Dahlberg had concerns on how labor intensive a pawn shop is. He explained the increased demand on the limited resources that the Police Department has creating the concerns for the proposed pawn shop. There was general discussion on whether or not items being stolen within the vicinity of the subject property would be pawned or sold at the Petitioner’s store. Chief Dahlberg reiterated that the pawn shop may not always involve burglary cases from Mount Prospect exclusively; it could involve burglaries in surrounding communities. He believed the significant reduction in auto burglaries was in relation to the closing of the Cash Solutions store. Chairman Rogers asked Chief Dahlberg to state the top 3 items/conditions that the Police Department would like to place on the Conditional Use Permit. 1) The interior/exterior surveillance cameras. The exterior cameras would need to view 75 feet on each side of the front door. 2) The record of transactions be submitted electronically daily to the Police Department. 3) The items would need to be retained for a period beyond 48 hours. Staff would need to investigate this with input from Mr. So to find out where the middle ground is. Chairman Rogers asked if Mr. So could live with the conditions as stated by Chief Dahlberg. Mr. So said the video surveillance would be more protection for him. He stated that if the Police Department needs the transaction log daily, they can have it. He said his books would always be open to the Police Department. Mr. So stated that anything that is resold needs to be held for 48 hours per Code. Anything pawned needs to be held for 30 days or whatever the loan term is. He said that if the Code changes for the holding period, he would abide by the Code. There was general discussion regarding the Police Department working together with the Petitioner on developing and agreeing to the conditions together. The Commission gave the opportunity to the Petitioner to have them vote on the Conditional Use with the conditions placed by the Chief of Police. However, the Commissioners explained that they could not vote in favor of a recommendation if the Police Department was not in favor. The general consensus was to table the case to the March meeting so the Petitioner and Chief of Police could present an agreement in written form. Mr. Donnelly explained to the Petitioner that the Commission could still vote and if a negative recommendation was made, the Petitioner could still go in front of the Village Board, but would need a super majority from the Board to approve the Conditional Use. Richard Rogers, Chair PZ-01-11 Planning & Zoning Commission Meeting February 24, 2011 Page 4 of 5 Mr. Floros asked if there are other pawn shops in the area. Mr. Donnelly stated there is a pawn shop in downtown Des Plaines. Mr. Floros asked if someone would be in contact with the Des Plaines pawn shop to discuss what kind of restrictions and regulations are placed there. Chief Dahlberg stated that the Police Department has done some homework and will continue to reach out to other communities that have model policies in regards to pawn brokers. Chief Dahlberg said there are currently cable television shows that currently glorify pawn brokers. He stated the reality is that there are a lot of people hurt in the process. Chief Dahlberg said his main purpose was to discuss the increase in availability for thieves to unload stolen merchandise. He stated that a responsible pawn broker can be a friend to law enforcement. Chief Dahlberg said by way of information only, Mr. So operated a Cash N Gold store for approximately 45 days at another location, closed it, and moved it to the subject property within the past 90 days. He stated that he was sharing this information to the Commission to ask why he was there for such a short period of time. Chairman Rogers asked Mr. So why he closed his last store and where was it located. Mr. So said that the previous location was at Golf and Elmhurst Road in Mount Prospect. He stated that the location was not right for him and the rent was too high. Mr. So said no sign was up and he was on a month-to-month lease. He indicated that the store was used as a storage space for shelves and no merchandise was at the old location. Chairman Rogers confirmed that Mr. So intended to operate the subject business at the old address, but was not receiving the clientele he thought. 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 8:35 p.m. and brought the discussion back to the board. There was discussion on whether to have the Commission vote on the case or continue to the March meeting so some sort of compromise could be developed between the Petitioner and the Police Department. Mr. Donnelly made a motion to continue Case Number PZ-01-11 to the March 24, 2011 Planning and Zoning Commission Meeting. Mr. Beattie seconded the motion. UPON ROLL CALL: AYES: Beattie, Donnelly, Floros, Rogers NAYS: None Motion was approved 4-0. After hearing one case, Mr. Donnelly made a motion, seconded by Mr. Beattie to adjourn at 8:53 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 February 24, 2011 Page 5 of 5