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HomeMy WebLinkAboutG29-22 Ordinance No. G29-22 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PERSONNEL SUPPLY SERVICE (239 Dundee Avenue) WHEREAS, written application has been made requesting conditional use approval to establish an employment agency, a personnel supply service, at 239 Dundee Avenue; and WHEREAS, the zoning lot with the building containing the premises at 239 Dundee Avenue, is legally described herein (the"Subject Property"); and WHEREAS,the Subject Property is located within the CC2 Center City District and ARC Arterial Road Corridor District,and a personnel supply service is listed as a conditional use within the CC2 Center City District; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on May 2, 2022, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS,zoning,including,but not limited to,this ordinance granting a conditional use in the CC2 Center City District pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated May 2, 2022, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use for an employment agency, a personnel supply service,is hereby granted for the property commonly known as 239 Dundee Avenue,which is part of the property commonly identified by Kane County Property Index Numbers 06-13-109-004, 06-13-109-008, and 06-13-109-014, and legally described as follows: PARCEL 1: LOT 1 (EXCEPT THE EAST 12 RODS THEREOF) OF PHINEAS J. KIMBALL, SR'S ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL 2: THAT PART OF LOT 28 OF B.W. RAYMOND'S ADDITION TO ELGIN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT, 116.82 FEET;THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID LOT 212.50 FEET TO THE EAST OF DUNDEE AVENUE; THENCE NORTHEASTERLY ALONG SAID EAST LINE 72.95 FEET TO THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID EAST LINE TO THE NORTHWEST CORNER OF SAID LOT;THENCE EAST ALONG SAID NORTH LINE 153.78 FEET TO THE NORTHEAST CORNER OF SAID LOT;THENCE SOUTH ALONG THE EAST LINE OF SAID LOT, 52 FEET; THENCE WEST 179.93 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL 3: THAT PART OF LOT 28 OF B.W. RAYMOND'S ADDITION TO ELGIN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID LOT, 52 FEET SOUTH OF THE NORTHEAST CORNER THEREOF;THENCE SOUTH ON SAID EAST LINE, 64.82 FEET; THENCE WEST, PARALLEL WITH THE NORTH LINE OF SAID LOT, 212.50 FEET TO THE EAST LINE OF DUNDEE AVENUE; THENCE IN A NORTHEASTERLY DIRECTION ALONG SAID EAST LINE OF DUNDEE AVENUE, 72.95 FEET; THENCE EAST, 179.93 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL 4: THAT PART OF LOT 28 OF B.W. RAYMOND'S ADDITION TO ELGIN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT; THENCE EAST ALONG THE NORTH LINE OF PARK STREET 105 FEET; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID LOT TO A LINE DRAWN PARALLEL WITH AND 117.49 FEET SOUTH, MEASURED ALONG THE EAST LINE OF SAID LOT, FROM THE NORTH LINE OF SAID LOT; THENCE WEST ALONG SAID PARALLEL LINE 57 FEET TO THE EASTERLY LINE OF DUNDEE STREET; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING; IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. (commonly known as 223-251 Dundee Avenue) Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 1. Substantial conformance to the Development Application submitted by ProStar Staffing, as applicant, and Premier Plaza., LLC, as property owner, received February 2 21, 2022, and supporting documents including: a. Undated Statement of Purpose and Conformance, received March 18, 2022; b. Undated Exhibit E for Premier Retail Center,received March 16, 2022; c. Undated Exhibit B, 239 Dundee Avenue, Elgin, Illinois, received February 21, 2022; d. Building plans for Proposed Retail Center / Comar Properties Premier Center, including sheets: A-1,A-2,A-6,A-7,A-8,and SP-1,prepared by GEA Architects, Ltd,dated last revised November 17,2004,with such further revisions as required by the Community Development Director; and e. Proposed wall sign plans for Prostar Staffing, including sheets: A1.5, A2.3, A1.5, A2.5, and the "Current Image to be Removed" sheet, all prepared by Express Signs, dated January 12, 2022, last revised February 9, 2022, with such further revisions as required by the Community Development Director. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. All street graphics must comply with the zoning ordinance requirements. A box-style wall sign is prohibited. 3. The applicant and/or operator shall not provide transportation services for its employees, clients, or customers. 4. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be full force and effect upon its passage in the manner provided by law. David J. Ka in, or Presented: July 13, 2022 Passed: July 13,2022 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: July 13, 2022 Published: July 13, 2022 Atte �'} im er Dewis Ci C rk ��\°�.�,n 3 FINDINGS OF FACT PETITION 11-22 239 Dundee Avenue EXHIBIT A May 23,.2022 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, IL OVERVIEW Provided herein are the written findings and recommendation of the Community Development Department and the Planning & Zoning Commission regarding Petition 11-22, an application by Prostar Staffing,as applicant,and Premier Plaza,LLC,as property owner,requesting a conditional use to establish a personnel supply service, more specifically an employment agency, at the property commonly referred to as 239 Dundee Avenue.The property is located in downtown Elgin and is zoned CC2 Center City District and ARC Arterial Road Corridor Overlay District. GENERAL INFORMATION Petition Number: 11-22 Property Location: 239 Dundee Avenue Requested Action: Conditional Use Current Zoning: CC2 Center City District and ARC Arterial Road Corridor Overlay District Proposed Zoning: No change. CC2 Center City District and ARC Arterial Road Corridor Overlay District Existing Use: Vacant commercial space within a multi-tenant building Proposed Use: Employment agency Applicant: Prostar Staffing Owner Premier Plaza,LLC Staff Coordinator: Damir Latinovic.AICP, Senior Planner Exhibits Attached: A. Aerial/Location May Recommendation & Findings of Fact Petition 11-22 May 23, 2022 B. Zoning Map C. Parcel Map D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND Prostar Staffing, as applicant, and Premier Plaza, LLC, as property owner, are requesting a conditional use to establish a personnel supply service,more specifically an employment agency, at the property commonly referred to as 239 Dundee Avenue.The property is located in downtown Elgin and is zoned CC2 Center City District and ARC Arterial Road Corridor Overlay District. so propeonty tenant • ic 1v M h' Figure 2:Site area map with zoning overlay The approximately 1-acre is property consists of two buildings and accessory parking areas. A 10,000-square foot multi-tenant building located on the east side of Dundee Avenue at the terminus of Kimball Avenue, and the 1,300-square foot one-story commercial building (223 Dundee Avenue) is located at the northeast comer of Dundee Avenue and Park Street. The subject tenant space is a 1,200-square foot vacant space within the multi-tenant building. Other tenants in the -2 - Recommendation & Findings of Fact Petition 11-22 May 23, 2022 building include Estrella Dental, a dentist office, America's Best, an optometrist and eye wear retailer,Great Homes real estate office,and Domino's carry-out restaurant.One other 1,200-square foot tenant space is also vacant.The building at 223 Dundee Avenue is occupied by Vega's Beauty Bar, a hair salon. Both buildings and all tenants share 41 parking spaces on site. The properties to the west and south are zoned CC2 Center City District. The property to the west across Dundee Avenue is the one-story BMO Harris Bank building. The properties to the south include three single family homes,one of which was converted into three residential units.Further south across Park Street is the Symonds-Madison Funeral Horne. The property adjacent to the north and to the east is part of the Elgin Academy campus zoned PCF Planned Community Facility District. Proposal ProStar Staffing, a temporary staffing agency, is proposing to open its new recruitment office at 239 Dundee Avenue. The 1,200-square foot commercial tenant space within the multi-tenant building is currently vacant. ProStar Staffing provides temporary light-industrial workers to customers in greater Chicago area. Typical jobs include Light Assembly, General Labor, General Warehouse, Forklift Drivers, Manufacturing Associates, and other similar light-industrial and manufacturing positions. Job seekers come in on an appointment basis to apply, fill out paperwork, and be interviewed. The job assignments range from seasonal work(4-6 weeks)to long term,year-round positions,and 90-day temp to hire opportunities. The company staff provides job seekers with resources to.obtain employment such as resume review,coaching before interviews,and maps of public transportation PROPOSED EMPLOYMENT n ® AGENCY _ i.i'. •_ �p C �' i�. _. •.. I .. . . I d ;� 1 kit� • F . • A e _ !n Figure 3:Building floor plan with the location of the proposed employment agency offices - 3 - Recommendation & Findings of Fact Petition 11-22 May 23, 2022 routes. ProStar does not provide transportation and employees do not wait in the office to be sent out to work. The applicant is not proposing any interior or exterior changes to the tenant space. The proposed hours of operation would be Monday to Friday from 8 a.m. to 5 p.m. Two employees/recruiters are expected to work out of this branch. They will screen candidates and conduct in person interviews at the branch. The subject property is located approximately 570 feet from the closest public surface parking lot at 115 N. Center Street. The properties in the CC2 Center City District located within 800 feet of a public parking facility are not required to provide any on-site parking. Therefore, no parking requirement applies to the proposed use. The property does include an off-street parking lot with 41 parking spaces which are shared among all tenants within the building. The proposed employment agency is classified as a personnel supply service. Personnel supply service is listed as a conditional use in the CC2 Center City District and requires the review and recommendation by the Planning and Zoning Commission and approval by the City Council. The Community Development Department offers the following additional information: A. Property History.The subject property was part of the original town of Elgin subdivision since the City's incorporation in 1854. The property was zoned E Commercial with the first zoning ordinance in 1927. By 1950, the property was rezoned to D Commercial. In 1962,the property was rezoned to B-3 Service Business District. In 1992,the property was rezoned to CC2 Center City District as part of the comprehensive amendment to the zoning ordinance. In 2001, the property became part of the ARC Arterial Road Corridor Overlay District. The existing 1,300-squre foot building at 223 Dundee Avenue was constructed in 1999. In 2004, the City approved the construction of the I0,000-square foot multi-tenant building by Ordinance No. G63-04. The building was completed in 2005. Over the years, the City approved several ordinances for conditional uses on the property,including Ordinance No. G39-06, which approved a retail bakery, Ordinance No. G65-06, which approved a retail food store, and Ordinance No.G69-06,which approved the Domino's carry-out restaurant. B. Surrounding Land Use and Zoning. The properties to the west and south are zoned CC2 Center City District.The property to the west across Dundee Avenue is the one-story BMO Harris Bank building. The properties to the south include three single family homes, one of which was converted into three residential units. Further south across Park Street is the Symonds-Madison Funeral Home.The property adjacent to the north and to the east is part of the Elgin Academy campus zoned PCF Planned Community Facility District. C. Comprehensive Plan. The subject property is designated as Corridor Commercial by the -4 - Recommendation & Findings of Fact Petition 11-22 May 23,2022 City's 2018 Comprehensive Plan and Design Guidelines. Located along the City's heavily traveled corridors and intersections, Corridor Commercial areas provide retail services to both local and regional consumer bases. These areas contain a mix of retail from large community centers with multiple tenants to smaller stand-along businesses. Corridor Commercial areas are the most widely accommodating and ranging commercial areas within the city. Corridor Commercial areas are auto-oriented by nature but should also be enhanced to be pedestrian-friendly. D. Zoning District. The purpose and intent of the CC2 Center City District is to facilitate the implementation of the official comprehensive plan for the center city, as focused on a distinct subarea of the city with a common urban fabric. The CC2 zoning district provides for a concentration of finance, service,retail, civic,office, and cultural uses, in addition to complementary uses such as hotels, entertainment, and housing. The development standards are intended to encourage a mix of activity in the area while providing for quality development that maintains a sense of history, human scale and pedestrian orientated character. The development standards are intended to promote a transition between the more intense development in the CC 1 zoning district and the residential neighborhoods surrounding the city center. E. Trend of Development.The subject property is located on the outskirts of the traditional downtown area that has historically been developed with a mix of commercial, retail, service,restaurants,and residential uses. The city encourages downtown development that will foster a vibrant, walkable, mixed-use center for the community, as well as a regional center with an urban fabric unique to the Chicago metropolitan region. In recent years, the downtown has experienced significant revitalization with several building and fagade renovations, including the Tower Building at 100 E. Chicago Street, 19-21 Douglas Avenue building, and the restoration of the former Gasthaus restaurant at 11-15 N. Grove Avenue. Some of the notable businesses that have recently opened in the downtown area include Kubo Sushi and Sake Lounge,BeaUnique Latin Kitchen,Meraki Market Hub,and Vein's Tavern. FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 11-22 on May 23,2022.Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Development Application Review and Written Findings & Recommendation to the Planning & Zoning Commission dated May 23, 2022. The Community Development Department and the Planning & Zoning Commission have made the following findings regarding this application against the standards for conditional uses outlined within § 19.65.030: -5 - Recommendation & Findings of Fact Petition 11-22 May 23, 2022 STANDARDS FOR CONDITIONAL USE A. Site Characteristics Standard. The suitability of the subject property for the intended conditional use with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. Findings. The subject property is suitable for the intended conditional use with respect to its size,shape,significant features including topography,watercourses,and vegetation,and existing improvements. The property is fully improved with two buildings and an on-site parking lot. While all tenants share the surface parking lot on the property, each tenant space has its own pedestrian entrance on both the east and west sides of the building. The proposed employment agency will complement other existing retail-oriented uses within the small shopping center.The applicant is not proposing any interior nor exterior changes to the building. No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed conditional use. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. Findings. The subject property is suitable for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. The property and the existing building are currently served by municipal water, sanitary sewer,and storm water systems.The applicant is not proposing any changes to the existing water,sewer,and stormwater facilities. The existing water and sanitary sewer facilities can adequately serve the proposed use. C. Traffic and Parking Standard. The suitability of the subject property for the intended conditional use with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. Findings. The subject property is'suitable for the intended conditional use with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. The property is located on the east side of Dundee Avenue at the terminus of Kimball Street. There are three access driveways to the on-site parking lot: one at Dundee Avenue, one from Park Street on the south, and one from Kimball Street extension on the north side of the property. Pedestrian access to each tenant space is provided on both the east and west sides of the building. The proposed office use would have a total of 2-3 employees and minimal impact on the existing on-site parking lot and traffic circulation in the immediate vicinity. The proposed use will not have any negative effect on the existing safe and efficient on-site vehicular circulation, and will not have any impact on the off-site traffic circulation. -6- Recommendation & Findings of Fact Petition 11-22 May 23, 2022 The subject property is located approximately 570 feet from the closest public surface parking lot at 115 N. Center Street. The properties in the CC2 Center City District located within 800 feet of a public parking facility are not required to provide any on-site parking. Therefore, no parking requirement applies to the proposed use. The property does include an off-street parking lot with 41 parking spaces which are shared among all tenants within the building. D. Location, Design, and Operation Standard. The suitability of the subject property for the intended conditional use with respect to it being located, designed, and operated so as to promote the purpose and intent of this title and chapter. Findings.The subject property is suitable for the intended conditional use with respect to it being located, designed, and operated so as to promote the purpose and intent of the zoning ordinance. All business activities will be conducted on the interior of the tenant space with the proposed hours of operation Monday through Friday from 8 a.m. to 5 p.m. The applicant is not proposing to make any interior or exterior changes to the subject tenant space. The proposed employment agency does not provide day labor service and will not provide transportation to and from the job locations. The employees would also not wait in the office to be sent out to work daily. No evidence has been submitted or found that the proposed use will be located or operated in a manner that will exercise undue detrimental impact on surrounding uses and properties. E. Historic Preservation Standard. Where applicable, the conditional use shall make possible an efficient contemporary use of, or a compatible improvement to a designated landmark or property located in a designated historic district while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values to an historic preservation plan. Findings. This standard is not applicable. The subject property is neither designated as a local historic landmark nor is it located within a locally designated historic district. RECOMMENDATION The Community Development Department and the Planning & Zoning Commission recommend approval of Petition 11-22, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by ProStar Staffing, as applicant, and Premier Plaza, LLC, as property owner,received February 21, 2022, and supporting documents including: a. Undated Statement of Purpose and Conformance,received March 18,2022; -7 - Recommendation & Findings of Fact Petition 11-22 May 23, 2022 b.. Undated Exhibit E for Premier Retail Center, received March 16, 2022; c. Undated Exhibit B, 239 Dundee Avenue, Elgin, Illinois, received February 21, 2022; d. Building plans for Proposed Retail Center / Comar Properties Premier Center, including sheets: A-1, A-2,A-6,A-7,A-8, and SP-1,prepared by GEA Architects, Ltd, dated last revised November 17, 2004, with such further revisions as required by the Community Development Director; and e. Proposed wall sign plans for Prostar StafFmg, including sheets: A1.5, A2.3, A1.5, A2.5,and the"Current Image to be Removed"sheet,all prepared by Express Signs, dated January 12, 2022, last revised February 9, 2022, with such further revisions as required by the Community Development Director. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. All street graphics must comply with the zoning ordinance requirements. A box-style wall sign is prohibited. 3. The applicant and/or operator shall not provide transportation services for its employees, clients, or customers. 4. Compliance with all applicable codes and ordinances. The vote of the Planning and Zoning Commission on the motion to recommend approval, subject to the conditions outlined above,was seven(7)yes,zero(0)no,zero(0)abstentions. All members were present. Respectfully Submitted, s/Jay Cox Jay Cox, Chairman Planning&Zoning Commission s/Damir Latinovic Damir Latinovic,AICP; Secretary Planning&Zoning Commission -8 - t AA Subject Property J Y �. Petition 11 -22 Kimball St p r� a' 1. s Park St Symphony Way Y North St EXHIBITA Aerial/Location Map w+.: s Map prepared by City of Elgin o 25 50 ioo iso zooeet Department of Community Development Ann St CF AB RC3 Franklin St Subject Property Petition 11 -22 �m C. m� a Kimball St QJc PC'►F w v c Legend U V ORC Residence Conservation 1 ORC2 Residence Conservation 2 ORC3 Residence Conservation 3 OPRC Planned Residence Conservation Park'St QSFR1 Single Family Residence 1 OPSFR1 Planned Single Family Residence 1 O SFR2 Single Family Residence 2 QPSFR2 Planned Single Family Residence 2 O TRF Two Family Residence QPTRF Planned Two Family Residence Q MFR Multiple Family Residence NOrtl1 St Q PMFR Planned Multiple Family Residence ORB Residence Business RC3 OPRB Planned Residential Business ONB Neighborhood Business OPNB Planned Neighborhood Business -AB Area Business C -PAB Planned Area Business -CC1 Center City 1 C y -CC2 Center City 2 -PCC Planned Center City O -ORI Office Research Industrial -PORI Planned Office Research Industrial CF RB -GI General Industrial -PGI Planned General Industrial C F i -CI Commercial Industrial -CIF Community Facility Division St RB -PCF Planned Community Facility -- EXHIBIT Zoning Map " W+E S Map prepared by City of Elgin 0 50 100 200 300 40Feet Department of Community Development Subject Property 239 Dundee Ave. Petition 11 -22 Kimball St 0613109014 Q' �a o� 0613109004 0613109008 Park St EXHIBIT Parcel Map City of Elgin 0 12.5 25 50 75 100 Department of Community Development i Feet EF QA EMlAilk� •. rr `• it F 1• ` �-�L.. or 1 t fi �t lk6 /{ Subject tenant sp • I I I j _ -- �' fo.'. ►.::....: '� 4 Domino • EXHIBIT D SITE LOCATION 239 Dundee Avenue Petition 11-22 U. ,, _ dk Kim bell Street do K ,� Tr JA Bird's eye view looking north MAC IF 4ndee uP • Aj76 a 1 ij ,i� • �`s Bird's eye view looking east EXHIBIT D SITE LOCATION • Dundee Avenue Petition View as °`e.�,�_. _ '- "'� v't►'1 �.;�"� � �; rJ _ ofmulti-tenant building fromDundee Googk • lot in rear of building EXHIBIT D SITE LOCATION • Dundee Avenue Petition View of the 223 Dundee Ave building from Dundee Ave View of the 223 Dundee Ave building from Park St i � agL.