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

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flaok: 4.574 Pam 572 Page 2 of 4 1312 North Water Street June 1, 2017 5. 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. 6. 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 The September 2016 petition was withdrawn and a new petition was to be filed to include a request for consumer credit service as a permitted use.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. 7. 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. 8. 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 violation charged was that this particular use did not fall within the permitted uses of the approved PD Planned Development District. PROJECT DESCRIPTION 1. The petitioner proposes to amend the PD Planned Development District to allow for consumer credit services and professional office uses. 2. The petitioner proposes to allow for the gas station/convenience store (3,641 square feet), a coin laundromat (2,640 square feet), sandwich shop/restaurant (1,548 square feet), professional office (1,540 square feet), retail (1,357 square feet) and consumer credit service (1,474). The square footage of the professional office, retail and consumer credit service split may vary, but the combined total of the three (3) uses will not exceed 4,371 square feet. STAFF ANALYSIS 1. The addition of professional office uses to this PD Planned Development will provide services to the citizens of this area which is consistent with the intent of the originally approved PD Planned Development and with the intent of the Macon County and Decatur Comprehensive Plan. Services currently provided on site include a laundromat, gas station and convenience store, retail and restaurants with ancillary video gaming.