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G50-07 PP*'*s Ordinance No. G-50-07 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PERSONNEL SUPPLY SERVICE (40 DuPage Court, Suite 305) WHEREAS,written application has been made for a conditional use for a personnel supply service in the CC1 Center City District at 40 DuPage Court, Suite 305; 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 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 for a personnel supply service in the CC1 Center City District at 40 DuPage Court, Suite 305 and legally described as follows: Lot 9 in Block 15 of J.T. Giffords Plat of East Elgin in the City of Elgin, Kane County, Illinois (property commonly known as 40 DuPage Court, Suite 305). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance prepared by Steven A. Feldman, dated June 12, 2007. 2. Substantial conformance to the proposed Site and Floor Plan,prepared by Steven A. Feldman, dated June 12, 2007. 3. Associated Labor Corporation of America shall not provide transportation services to employment sites. 4. 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. Ed Schoc , Mayor Presented: August 22, 2007 Passed: August 22, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: August 23, 2007 Published: Attest: Diane Robertson, City Jerk ro- • July 18, 2007 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 34-07 Requesting a Conditional Use in the CC1 Center City District, to Permit a Personnel Supply Service;Property Located at 40 DuPage Court, Suite 305;By Associated Labor Corporation of America, as applicant, and Harry J. Seigle, as owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: CC1 Center City District Existing Use: Vacant Proposed Use: Personnel Supply Service Property Location: 40 DuPage Court, Suite 305 Applicant: Associated Labor Corportation of America Owner: Harry J. Seigle Staff Coordinator: Janice Ward, Senior 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 Photo (see attached) EXHIBIT Findings of Fact Zoning and Subdivision Hearing Board Petition 34-07 July 18, 2007 F. Site Photos (see attached) G. Statement of Purpose and Conformance (see attached) H. Site and Floor Plan (see attached) I. Draft Conditional Use Ordinance (see attached) BACKGROUND An application has been filed by Associated Labor Corporation of America (ALC), requesting conditional use approval for a personnel supply service in the CC1 Center City District. The subject property is located at 40 DuPage Court(see Exhibits A,B, C, D, and E). The applicant proposes to establish a personnel supply service that assists clients who are seeking both temporary and permanent employment. Job placement assistance for skilled, clerical, light industrial and nursing work will be provided. The proposed ALC office will accommodate two(2) office staff and will be utilized to screen, interview and recruit candidates. Employees are paid on a weekly basis and checks typically are sent to the job site,residence or bank for direct deposit. ALC will not transport employees to jobs or have employees waiting in the office for assignments. Conditional use approval must be granted prior to the establishment of the personnel supply service at the subject property(see Exhibits F and G). GENERAL FINDINGS After due notice, as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 34-07 on July 18, 2007. The applicant testified at the public hearing and presented documentary evidence in support of the application. No objectors were present. The Community Development Group submitted a Conditional Use Review dated July 13, 2007. The Zoning and Subdivision Hearing Board has made the following general findings: 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 the elk site characteristics standard. 2 Findings of Fact Zoning and Subdivision Hearing Board Petition 34-07 July 18, 2007 The subject property is located in a 5-story brick,multi-tenant building on Spring Street and DuPage Court. ALC proposes to occupy approximately 580 square feet of office space on the 3rd floor of the building. The remainder of the building is occupied with retail, service and office land uses. B. 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, sanitary sewer and storm water control services. C. Traffic and Parking Standard. The availability 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 within a building that fronts on Spring Street and on DuPage Court. The proposed use will be accessed from DuPage Court. Spring Street is a major collector street serving the east side of Elgin and DuPage Court is available exclusively for pedestrian traffic. Properties located within the CC 1 Center City District are not required to provide off street parking. ALC clients will use on-street parking and parking decks,located on Chicago Street and Fulton Street, for short-term parking needs. D. 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. 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 district. elk 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 34-07 July 18, 2007 The subject property was zoned as follows for the years listed: 1927: E Commercial District 1950: E Commercial District 1960: E Commercial District 1961: E Commercial District 1962: B2 Central Business District 1992: B2 Central Business District Present: CC1 Center City District E. 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. 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 and surrounding land uses are zoned CC1 Center City District. The area is developed mainly with retail, office, service and institutional land uses. The proposed personnel supply service is consistent and compatible with the surrounding land uses and zoning designation. F. Trend of Development Standard. 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 central City has developed with a mix of business, residential, and institutional uses. The subject property is located within this traditional downtown development and is in keeping with the existing trend of development. G. 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 o unused in its current zoning district. 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 district. 4 • Findings of Fact Zoning and Subdivision Hearing Board Petition 34-07 July 18, 2007 The purpose of the CC 1 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. Personnel supply services are 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 service conforms to the purpose and intent of this regulation. ALC interviews and recruits candidates for part time and full time employment in skilled, clerical, light industrial, and nursing positions. The firm does not transport employees to jobs or allow clients who are awaiting placement to remain at their office. Approval of the proposed personnel supply service as a conditional use will allow ALC to expand their business and provide employment opportunities to the Elgin community. 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. Community Mixed-Use Centers provide focus,identity and convenient goods and services,as well as some employment,for a number of surrounding neighborhoods in a larger trade area. Downtown Elgin functions as a unique community mixed-use center. 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. 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. 5 Findings of Fact Zoning and Subdivision Hearing Board �., Petition 34-07 July 18, 2007 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. 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. Summary of Findings. 1 . Positive Attributes. The subject property is located in the CC1 Center City District. Approval of the proposed personnel supply service as a conditional use will allow ALC to expand their business and provide employment opportunities to the Elgin community. 2. Location, Design, and Operation. 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. 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 service conforms to the purpose and intent of this regulation. ALC interviews and recruits candidates for part time and full time employment. The firm does not transport employees to jobs or allow clients who are awaiting placement to remain at their office. 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. 6 Findings of Fact Zoning and Subdivision Hearing Board Petition 34-07 July 18, 2007 DECISION The Zoning and Subdivision Hearing Board recommends the approval of Petition 34-07. On a motion to recommend approval of the conditional use, subject to the following conditions,the vote was five (5)yes and zero (0) no: 1. Substantial conformance to the Statement of Purpose and Conformance prepared by Steven A. Feldman, dated June 12, 2007. 2. Substantial conformance to the proposed Site and Floor Plan,prepared by Steven A. Feldman, dated June 12, 2007. 3. ALC shall not provide transportation services to employment sites. 4. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval was adopted. Robert Langlois, Chairman Zoning and Subdivision Hearing Board Sarosh Saher, Secretary Zoning and Subdivision Hearing Board 7