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Case File: CU 12-09 <br />Page 3 <br />Elk Park Center PUD 1lmendment <br />Pawn shops <br />If denial of such a permit should occur, it shall accompany recommendations or determinations by <br />findings or a report stating how the proposed use does not comply with the standards set forth in Section <br />30-654. <br />In the review of the standards for CUP as outlined, it appears that the request is consistent with all of <br />these standards. <br />ANALYSIS <br />The owners wish to amend the PUD agreement to allow pawn shops as a conditional use. Pawn shops <br />are currently allowed as a conditional use in the C-3 (highway commercial district) with distance <br />restrictions: 250-foot setback from a residential zone and a 500-foot setback from schools; parks, day <br />care centers, churches and other pawnshops, as measured from the property line. <br />The modifications to a planned unit development agreement generally govern the entire agreement area, <br />unless specifically addressed. Using the regulation applicable to pawn shops in the C-3 zone as a baseline, <br />portions of the Elk Park Center development fall within the 250 feet of residentially-zoned parcels, <br />particularly on the west side of the development. To be consistent with the C-3 zoning regulations, the <br />Planning Commission and City Council may wish to restrict pawn shop uses in a manner similar to the C- <br />3zoning district, with the distance requirements. The Council could also restrict pawn shops to specific <br />lots within. the development if so desired. <br />It should be noted that the portion of Highway 169 immediately east of the location proposed by Twin <br />Cities Pawn (in -case No. CU 12-10) is zoned R-1 c. While this distance. does not :meet the letter of law, <br />the intent of the separation requirement is to remove these uses from residential .The intensity of traffic <br />on Highway 169. achieves that effect. Staffs recommendation addresses the distance separation <br />requirement. <br />.Comprehensive Plan <br />The comprehensive plan does not drive to the level of specific uses. The area is guided for highway <br />business use; the comprehensive plan has identified pawn shops appropriate in that zone. <br />ATTACHMENTS <br />^ Location Map <br />^ Applicant's Narrative <br />^ Buffer drawing <br />Action Motion by Second by Vote <br />Follow Up <br />N:\Departments\Communiry Development\Planning\Case Files\CUP\CU 12-09 TC Pawn-Amend EPC PUD\CU 12-09 EPC PUD amendment <br />SR to PC 6-12-12.docx <br />