2017-34 Amending PD Planned Development district 1312 N Water Street

Home Browse Search

Excerpts from Plan Commission Meeting of June 1,2017: Cal. No. 17-08 Petition of GW PLAZA, LLC, to amend the PD Planned Development District located at 1312 NORTH WATER STREET. Mr. Billy Tyus was sworn in by Mrs. Janet Poland. Mr. Tyus presented the recommendation of staff: The subject site is currently developed with a 12 200 square foot mixed use center consisting of a as J Y p � q g g station, convenience store, restaurants with ancillary use of video gaming, laundromat, retail and consumer credit service and is located at 1312 North Water Street. This site was rezoned to PD Planned Development District in November of 2012 to allow for the following uses gas station, convenience store, sandwich shop/restaurant, retail and laundromat. This PD Planned Development District was designed to provide services that would have a positive effect on the area. In March of 2013, the City Council approved an amendment to the Zoning Ordinance to maintain a minimum distance of 1,500 feet between consumer credit services establishments. At the time there was considerable support from elected officials to do even more to limit this type of establishment due to concerns about the impact on local residents and considerable public outcry for stronger restrictions. However, it was made clear that—as is the case in this instance—that fair and equitable zoning restrictions represented the city's legal option for placing such limits. This amendment was approved because it was found be in harmony with the goals of the Macon County and Decatur Comprehensive Plan that includes " A Diversified Economy" and "Quality of Life". It was also an effort to curb the concentration of these types of lending services in certain areas of the City. Consumer installment lenders, listed as one of the types of consumer credit services that could be legally allowed on site if this requested amendment is approved, are allowed to charge an annual percentage rate of up to 36% on loans of more than $4,000 and up to 99% on what are known as small consumer loans of$4,000 or less not including additional fees according to the Consumer Installment Loan Act. It was discovered that a consumer credit service moved into the subject site in August of 2016 after speaking with the petitioner and representative prior to the September 2016 Plan Commission meeting. The September 2016 petition was withdrawn and a new petition was to be filed to include a request for consumer credit service as a permitted use. A petition was not filed in October 2016 nor November 2016. The owner was cited for a violation of the approved PD Planned Development District in November 2016. The violation was filed in circuit court and slated for hearing in April of 2017. Consumer installment lenders, listed as one of the types of consumer credit services that could be allowed here if this requested amendment is approved, are allowed to charge an annual percentage rate of up to 36% on loans of more than$4,000 and up to 99% on what are known as small consumer loans of$4,000 or less not including additional fees according to the Consumer Installment Loan Act. In March of 2017, the Plan Commission made a motion to table this item until a decision was made by the circuit court. The Plan Commission was interested in whether the court believed this use was in fact a consumer credit service. However, while the petitioner admitted to the violation filed in circuit court in April 2017, the admission was only that the use was in violation of the PD Planned Development. No determination was made whether the use was a consumer credit service as the