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2017-34 Amending PD Planned Development district 1312 N Water Street
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2017-34 Amending PD Planned Development district 1312 N Water Street
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7/20/2017 4:33:45 PM
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Resolution/Ordinance
Res Ord Num
2017-34
Res Ord Title
Ordinance Amending PD Planned Development District 1312 N Water Street
Department
Planning
Approved Date
7/3/2017
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armed services men and women and their families, it is also not appropriate for this regeneration area <br /> of our City. <br /> The PD plan has been reviewed by the City's Technical Review Committee, Planning, Engineering <br /> and Fire. <br /> Staff recommends approval of the PD Planned Development Plan with the following conditions: <br /> 1. Consumer Credit Services as a use is prohibited. <br /> 2. Square footage of the current/proposed uses shall not exceed the following: Convenience Store <br /> 3,641 square feet; Retail/Professional Office 4,371 square feet; Sandwich Shop/Restaurant <br /> 1,548 square feet and Coin Laundromat 2,640 square feet. <br /> Section XIX.G.2. of the City of Decatur Zoning Ordinance requires the Plan Commission to hold a <br /> public hearing to review the Planned Development plan and report its findings concerning the effect on <br /> the comprehensive plan and compliance with the standards of review to the City Council. A motion to <br /> forward Calendar Number 17-08 to the City Council with a recommendation for approval with staff <br /> conditions is suggested. <br /> Mr. Kent Newton asked what would happen to the business if this item is approved, as presented, by <br /> the Plan Commission and City Council. Mr. Tyus said the business would not be allowed to operate at <br /> this location. <br /> Mrs. Mary Cave, representative, was sworn in by Mrs. Poland. <br /> Mrs. Cave stated the GW Plaza project began in 2012 as a Planned Development and was amended <br /> within the first year to add the restaurant use. The proposed amendment would add office use and the <br /> consumer credit service. The site plan has been modified to add four (4) parking stalls. <br /> Mrs. Cave said the zoning in this area consists of a PD Planned Development to the west, O-1 Office <br /> District to the east and B-2 Commercial District to the southwest and southeast. <br /> Mr. Andrew Wessler, attorney, was sworn in by Mrs. Poland. <br /> Mr. Wessler stated Mr. Mohammad Shariff, the petitioner, was not intentionally in violation of the <br /> Zoning Ordinance. Mr. Shariff admitted to the violation in good faith and is requesting to amend the <br /> Planned Development. <br /> Mr. Wessler said Security Finance is, at best, a small consumer loan service company. They also offer <br /> tax advice and tax preparation services. They are not a payday lender or a predatory lender. Mr. <br /> Wessler gave the Commissions a Payday Loan handout. <br /> Mr. Wessler said they feel it is unfair that a consumer credit service business cannot be located in the <br /> PD Planned Development, however, directly south in the B-2 District it is allowed as a permitted use. <br /> Security Finance acts as a buffer to protect it from a predatory lender. Allowing this amendment will <br /> increase the stability of this area. Security Finance has been in the City for approximately twenty (20) <br /> years. If they were forced to move from GW Plaza they could open up across the street. This is a <br /> lesser of two (2) evils situation. Consumer credit services do not increase crime, public disturbances or <br /> thefts. GW Plaza offers many services to this area. They have invested over five (5) million dollars to <br /> this community. It took two (2) years to place Security Finance in GW Plaza and they have invested <br /> $15,000 remodeling the inside of their business. Mr. Wessler is asking the Commission to approve the <br /> amendments they are asking for. <br /> Mr. Tyus stated staff does not feel it is a logical assumption that a payday lender will open up across <br /> the street. Security Finance is in a PD Planned Development and the Commission needs to make a <br /> recommendation to Council as to whether or not a consumer credit service use will be allowed at this <br />
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