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G62-06 AN ORDINANCE Ordinance No. G62-06 GRANTING A CONDITIONAL USE FOR A PERSONNEL SUPPLY SERVICE (10 Douglas Avenue) WHEREAS, written application has been made requesting conditional use approval for a personnel supply service in the CC1 Center City District at 10 Douglas Avenue; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. 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 July 19, 2006, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to permit the operation of a personnel supply service in the CC1 Center City District at 10 Douglas Avenue and legally described as follows: The Northerly 31 Feet, as measured along the East Line, of Lot 4 in Block 19 of James T. Gifford's Plat of Elgin, on the East side of Fox River, in the City of Elgin, Kane County, Illinois (Property commonly known as 10 Douglas Avenue). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, submitted by Loren Fuller, dated June 22, 2006. 2. Substantial conformance to the Floor Plan for the proposed personnel supply service, submitted by Loren Fuller, dated June 22, 2006. 3. Compliance with all other applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. ecarer--Z Ed Schock, Mayor rik Presented: July 26, 2006 Passed: July 26, 2006 Vote: Yeas: 6 Nays: 0 Recorded: July 27, 2006 Published: Attest: &Y6-1t^4) Dolonna Mecum, City Clerk July 19, 2006 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 59-06 Requesting Conditional Use Approval for a Personnel Supply Service in the CC1 Center City District;Property Located at 10 Douglas Avenue;by Loren Fuller as Applicant and Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: CC1 Center City District Existing Use: Vacant Proposed Use: Personnel Supply Service Property Location: 10 Douglas Avenue Applicant/Owner: Loren Fuller Staff Coordinator: Lydia Treganza, Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) E. Environmental Map (see attached) F. Site Photos (see attached) G. Statement of Purpose and Conformance (see attached) EXHIBIT A Findings of Fact Zoning and Subdivision Hearing Board Petition 59-06 July 19, 2006 H. Floor Plan (see attached) I. Conditional Use Ordinance (see attached) J. Standards for Conditional Uses (see attached) BACKGROUND An application has been filed by Loren Fuller requesting conditional use approval for a personnel supply service, in the CC1 Center City District. The subject property is located at 10 Douglas Avenue(see exhibits A, B, C, D, E, and F). The applicant proposes to establish a personnel supply service that assists clients who are seeking employment by providing job placement assistance for technical, clerical, professional and light industrial work. The personnel supply service interviews and recruits candidates for both temporary and permanent, part-time and full-time, employment positions. It is the responsibility of the employees to have their own means of transportation to and from assigned work locations. The majority of clients will be paid on a weekly basis, at the job sites. When necessary, however, employees may pick up their checks from the office. The personnel supply service will occupy 1,680 square feet of floor area in an existing building. Conditional use approval must be granted prior to the establishment of the personnel supply service at the subject property(see exhibits G, H, and I). GENERAL FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing in consideration of Petition 59-06 on July 19, 2006. The applicant testified at the public hearing and presented documentary evidence in support of the application. No public testimony was presented. The Community Development Group submitted a Conditional Use Review,dated July 7, 2006. The Zoning and Subdivision Hearing Board has made the following general findings. A. Zoning History Standard. The suitability of the subject property for the intended conditional use with respect to the length of time the property has remained undeveloped or unused in its current zoning district. /r�► Findings. The subject property is suitable for the intended conditional use with respect to the length of time the property has remained undeveloped or unused in its current zoning 2 Findings of Fact Zoning and Subdivision Hearing Board Petition 59-06 July 19, 2006 district. The subject property was zoned as follows for the years listed: 1927: F Business District 1950: E Business District 1960: E Business District 1962: B-2 Business District 1992: B-2 Business District Present: CC1 Center City District Approval of the proposed personnel supply service as a conditional use will allow Evolution Staffing to locate their business in downtown Elgin and to occupy a currently vacant storefront. B. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. rik Findings. The subject property is suitable for the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. The subject property is located within the CC 1 Center City District. This area has developed with offices, retail and commercial service uses, restaurants, and upper floor apartment dwellings. C. Trend of Development.The suitability of the subject property for the intended conditional use with respect to its consistency with an existing pattern of development or an identifiable trend of development in the area. Findings:The subject property is suitable for the intended conditional use with respect to the trend of development standard. The subject property is located within Elgin's center city. The trend is for the continued occupancy of buildings within this core district with offices, retail and commercial service uses, restaurants, and upper floor apartment dwellings. D. Zoning District Standard. The suitability of the subject property for the intended conditional use with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The subject property is suitable for the intended conditional use with respect to 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 59-06 July 19, 2006 the length of time the property has remained undeveloped or unused in its current zoning district. The purpose of the CC1 Center City District is to facilitate the implementation of the official comprehensive plan for the center city,as focused on a distinctive sub-area of the city with a common urban fabric. The CC1 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-oriented character. The proposed personnel supply service is an appropriate business for the downtown CC1 zoning district. E. Site Characteristics Standard. The suitability of the subject property for the intended conditional use with respect to its size, shape, significant natural features (including topography,watercourse and vegetation), and existing improvements. Findings. The subject property is suitable for the intended conditional use with respect to the site characteristics standard. The subject property is developed with a two story brick building. The first floor of the building is currently vacant. The entire second floor of the building contains one dwelling unit with approximately 2,000 square feet of floor area. F. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate municipal water, wastewater treatment, and storm water control facilities. Findings. The subject property is suitable for the intended conditional use with respect to the sewer and water standard. The subject property is served by municipal water and sanitary sewer. G. 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 traffic and parking standard. The subject property is located on Douglas Avenue. Douglas Avenue provides access to adjoining businesses and facilitates traffic movement through the downtown area. 4 Findings of Fact Zoning and Subdivision Hearing Board (.► Petition 59-06 July 19, 2006 Uses located within the CC 1 district are not required to provide off-street parking. There are municipal parking lots within close proximity to the subject property. H. Comprehensive Plan Standard. The suitability of the subject property for the intended conditional use with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. Findings. The subject property is suitable for the intended conditional use with respect to the Comprehensive Plan Standard. The subject property is designated as "Community Mixed-Use Center" by the City's Comprehensive Plan and Design Guidelines dated 2005. Downtown Elgin functions as a unique community mixed-use center within the planning area. It is the historic and traditional heart of the community. Recommended land uses include a compatible mix of residential, employment, educational, civic, and office uses, combined with a cultural and entertainment center focus that extends activities throughout the day. Pedestrian,bicycle, transit and vehicular circulation systems are coordinated and efficient. Streets and places are designed to encourage pedestrian activity. Buildings and structures of historic or architectural value are maintained in active service,where feasible. The proposed personnel supply service use is consistent with this designated Comprehensive Plan Standard. 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 intend of the zoning ordinance. No evidence has been submitted or found that the proposed conditional use will be located, designed,or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. A personnel supply service is classified as a conditional use in the CC 1 Center City District. The intent of the conditional use process is to ensure the protection of public health, safety and welfare. The proposed business conforms to the purpose and intent of this regulation. The personnel supply service interviews and recruits candidates for part-time and full time employment positions. The staffing business does not transport employees to jobs or allow clients who are awaiting placement to remain at their office or to loiter on-site. 5 Findings of Fact Zoning and Subdivision Hearing Board Petition 59-06 July 19, 2006 SUMMARY OF FINDINGS, UNRESOLVED ISSUES, AND ALTERNATIVES The Zoning and Subdivision Hearing Board has developed or identified the following findings, unresolved issues, and alternatives: A. Findings. 1. Positive Attributes. The subject property is located in a CC1 Center City District. Approval of the proposed personnel supply service as a conditional use will allow Evolution Staffing locate their business within a currently vacant storefront in downtown Elgin. The proposed land use will occupy a currently vacant storefront. The staffing business will provide a service that assists clients who are seeking employment in technical, clerical,professional and light industrial positions. 2. Location, Design, and Operation. A personnel supply service is classified as a conditional use in the CC1 Center City District. The intent of the conditional use process is to ensure the protection of public health, safety and welfare. The proposed business conforms to the purpose and intent of this regulation. The personnel supply service interviews and recruits candidates for part-time and full time employment positions. The staffing business does not transport employees to jobs or allow clients who are awaiting placement to remain at their office or to loiter on-site. B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. Other than an approval,a denial,or an approval with some combination of conditions,there are no substantive alternatives. DECISION On a motion to recommend approval,subject to the following conditions,the vote was()yes and () no: 1. Substantial conformance to the Statement of Purpose and Conformance,submitted by Loren Fuller, dated June 22, 2006. 6 Findings of Fact Zoning and Subdivision Hearing Board Petition 59-06 July 19, 2006 2. Substantial conformance to the Floor Plan for the proposed personnel service,submitted by Loren Fuller, dated June 22, 2006. 3. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval was adopted. Respectfully submitted, Robert Langlois, Acting Chairman Zoning and Subdivision Hearing Board rik , Secretary Zoning and Subdivision Hearing Board 7