G24-07 Ordinance No. G24-07
AN ORDINANCE
GRANTING A PROGRAM FOR GRAPHICS
(1450 Bowes Road)
WHEREAS, written application has been made for approval to permit a program for
graphics in the ORI Office Research Industrial District at 1450 Bowes Road; 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 March 21, 2007, 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.
eibb' Section 2. That a program for graphics in the ORI Office Research Industrial District at
1450 Bowes Road and legally described as follows:
Lot 43 of Fox Bluff Corporate Center, Being a Subdivision of Part of Section 27,
Township 41 North, Range 8 East of the Third Principal Meridian, Situated in
the City of Elgin, Except that Part Conveyed to the City of Elgin by Trustee's
Deed Recorded as Document 2004K147726, and Described as Follows:
Commencing at the Southeast Corner of Lot 43 of Fox Bluff Corporate Center,
Being a Subdivision of Part of the Said Section 27; Thence South 83 Degrees 46
Minutes 43 Seconds West, Along a Southerly Line of Said Lot, 376.58 Feet to
an Angle in Said Line; Thence South 89 Degrees 29 Minutes 21 Seconds West,
Along a Southerly Line of Said Lot, 100.50 Feet to an Angle in Said Line;
Thence South 83 Degrees 39 Minutes 38 Seconds West, Along a Southerly Line
of Said Lot, 209.68 Feet for the Point of Beginning; Thence Continuing South
83 Degrees 39 Minutes 38 Seconds West, 55.0 Feet; Thence Northwesterly,
Along the Southwesterly Line of Said Lot, Being Along a Curve to the Right,
Radius 36.0 Feet, Chord Bearing North 48 Degrees 41 Minutes 07 Seconds
West, 59.77 Feet; Thence Northerly, Along the Westerly Line of Said Lot, Being
Along a Curve to the Left, Radius 49,160.7 Feet, Chord North 01 Degree 02
Minutes 36 West, 21.0 Feet; Thence South 62 Degrees 13 Minutes 05 Seconds
East 107.40 Feet to the Point of Beginning, Kane County, Illinois (Property
Commonly Known as 1450 Bowes Road).
be and is hereby granted pursuant to Elgin Municipal Code Section 19.50.100 subject to the
following conditions:
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1. Substantial conformance with the Statement of Purpose and Conformance,
prepared by Terri Lynn, Inc., dated January 26, 2007.
2. Substantial conformance to the graphic plan for freestanding monument style
graphics, prepared by White Way Sign Company, dated January 15, 2007. All
other graphics are subject to the provisions of Chapter 19.50, Street Graphics, of the
Elgin Municipal Code, as may be amended from time to time.
3. Concurrently with the establishment of the free standing monument style graphic
referred to in the preceding condition 2 hereof, the existing lawful nonconforming
free standing monument style graphic adjacent to Bowes Road shall be brought
into conformance with the current provisions of Chapter 19.50, Street Graphics,
of the Elgin Municipal Code.
4. The allowable surface area for wall graphics on the subject property is hereby
reduced by 60 square feet as mitigation for the additional 60 square feet of surface
area permitted for monument graphics on the subject property.
5. Substantial conformance to the graphic landscape plan for the new freestanding
graphic, prepared by White Way Sign Company, dated February 2, 2007.
6. All required landscaped areas on site must be provided and maintained in
accordance with their approved landscaping plan. Any dead trees or shrubs must
be removed from site.
7. Compliance with all other codes and ordinances.
Section 3. That the program for graphics 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 Sc ock, Mayor
Presented: April 25, 2007
Passed: April 25, 2007
Vote: Yeas: 7 Nays: 0
Recorded: April 25, 2007
Published:
Attest:
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Dolonna Mecum, City Clerk
March 21, 2007
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FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 109-06 Requesting Conditional Use Approval to Permit a Program for
Graphics in the ORI Office Research Industrial District; Property located at 1450 Bowes Road by
Terri Lynn, Inc., as Applicant, and Joseph C. Graziano, as Owner.
GENERAL INFORMATION
Requested Action: _ Conditional Use Approval
Current Zoning: ORI Planned Office Research Industrial District
ARC Arterial Road Corridor Overlay District
Existing Use: Light Manufacturing, Office and Retail Outlet Store
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Proposed Use: Program for Graphics
Property Location: _ 1450 Bowes Road
Applicant: Terri Lynn, Inc.
Owner: Joseph C. Graziano
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)
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 109-06 March 21, 2007
F. Site Photos (see attached)
G. Statement of Purpose and Conformance (see attached)
H. Graphic Plan and Graphic Landscape Plan (see attached)
I. Conditional Use Ordinance (see attached)
J. Standards for Program for Graphics (see attached)
K. Related Correspondence (see attached)
BACKGROUND
An application has been filed by Terri Lynn, Inc., requesting conditional use approval to permit a
program for graphics. The subject property is located at 1450 Bowes Road(see exhibits A,B,C,D,
E, and F).
The subject property is allowed to have one freestanding graphic. The applicant is proposing to
have two. The applicant is requesting to place a new freestanding monument style graphic on the
subject property adjacent to McLean Boulevard. The proposed graphic measures 60 square feet in
surface area and 8 feet 6 inches in height. The applicant is also asking to keep the 78 square foot
lawful nonconforming graphic that already exists on site adjacent to Bowes Road. This graphic
measures 6 feet in height. The zoning ordinance permits one freestanding graphic to be located on
the subject property with a maximum surface area allowance of 60 square feet if placed adjacent to
McLean Boulevard or of 40 square feet if placed adjacent to Bowes Road. It should be noted that
the new graphic also includes a changeable banner cabinet. Street graphics with changeable copy are
not permitted in the ORI Office,Research,Industrial District. These two graphics require approval
through a program for graphics (see exhibits G,H, I, J and K).
The applicant is seeking to have the two freestanding monument style street graphics on site as
described. The purpose of the new freestanding graphic is to accommodate the advertising needs of
the retail outlet store that belongs to one of two businesses that occupy the subject property.
GENERAL FINDINGS
After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public
hearing in consideration of Petition 109-06 on March 21, 2007. The owner testified at the public
hearing and presented documentary evidence in support of the application. No objectors spoke at the
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 109-06 March 21, 2007
public hearing. The Community Development Group submitted a Conditional Use Review, dated
March 9, 2007.
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 for a program for graphics 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 for a program for
graphics with respect to the length of time the property has remained undeveloped or unused
in its current zoning district.
The subject property was zoned as follows for the years listed:
1927: Out
1950: Out
1960: Out
1962: Out
1992: M-1 Limited Manufacturing District
Present: ORI Office Research Industrial District
ARC Arterial Road Corridor District
The subject property was reclassified from M1 Limited Manufacturing District to ORI Office
Research Industrial District in 1992 as a part of the most recent comprehensive amendment
to the zoning ordinance and zoning map. The property became part of the Fox Bluff
Corporate Center in 1992 when the industrial park was established. A 103,536 square foot
building was built on the site in 1998.
B. Zoning District Standard. The suitability of the subject property for the intended
conditional use for a program for graphics with respect to consistency and compatibility with
its current zoning district.
Findings. The subject property is suitable for the intended conditional use for a program for
graphics with respect to consistency and compatibility with its current zoning district.
The purpose of the ORI Office Research Industrial District is to provide an industrial
environment that fosters a sense of place and destination within a coordinated campus or
park setting through the applicable site design regulations. The graphics being proposed for
the subject property are consistent and compatible with the ORI District zoning environment.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 109-06 March 21, 2007
C. Trend of Development. The suitability of the subject property for the intended conditional
use for a program for graphics 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 for a program for
graphics with respect to the trend of development standard.
The subject property is located in an area which is developed with a planned mix of land
uses, including single family residences,townhomes, commercial uses, and light industrial
uses.
STANDARDS FOR A CONDITIONAL USE FOR A PROGRAM FOR GRAPHICS
A program for graphics may be established to provide an opportunity for unique signage that may
not conform to all of the provisions of other sections of the graphic ordinance. A program for
graphics shall be subject to the provisions of the Program for Graphics section of Chapter 19.50 of
the EMC ordinance and to the provisions of Chapter 19.65 of the EMC ordinance. The granting of a
program for graphics shall be contingent on the extent to which affirmative findings are made with
respect to the standards for a Conditional Use for a Program for Graphics.
1. Departures From Requirements Standard. No allowable departures from the
requirements of the graphic ordinance shall be granted unless it has been found that the
requested departures are mitigated through an equivalent and more restrictive application of
other regulations.
Findings.The subject property is suitable for the intended conditional use for a program for
graphics with respect to the requested departures from requirements of the graphic ordinance
and with proposed mitigation for the requested departures.
Requested Departures From Requirements:
Section 19.50.070(D.),Type,Number,Size,and Location.2.Maximum Number.
The applicant is requesting a second freestanding monument style graphic. The
ordinance allows the subject property to have one freestanding monument style
graphic.
Section 19.50.070(D.),Type,Number,Size,and Location.3.Maximum Surface
Area and Height. The proposed surface area and height of both freestanding
graphics and the maximum surface area and height allowed for them by ordinance are
indicated in the following chart:
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 109-06 March 21, 2007
Type of Graphic Number of Proposed Allowed % Proposed Allowed
Graphic Location Graphics Surface Area Surface Area Departure Height of Height of
of Graphics of Graphics of S Area Graphics Graphics
New Adjacent 1 60 S.F. 60 S.F. N/A 8.5 Ft. 10 Ft.
Freestanding to South
Monument McLean
Style Graphic Boulevard
Existing Adjacent to 1 78 S.F. 40 S.F. 195% 6 Ft. 10 Ft.
Nonconforming Bowes
Freestanding Road
Monument
Style Graphic
Total Surface N/A N/A 138 S.F. 100 S.F. N/A N/A N/A
Area of
Freestanding
Graphics
Section 19.50.040(A.), Graphic Characteristics. The proposed graphic includes a
changeable banner cabinet. Street graphics with changeable copy are not permitted in
the ORI Office, Research, Industrial District.
The owner proposes to mitigate his request for departures by adding more landscaping
around the proposed freestanding graphic than he is required to add by ordinance.Instead of
the 150 square feet of landscaping required by ordinance,the owner will place a total of 500
square feet of landscaping around the graphic.
The owner is requesting an additional 98 square feet of surface area over what is allowed by
ordinance in freestanding monument style graphics. In return,the owner agrees to give up
the right to 98 square feet of allowable surface area in wall graphics as mitigation for the
additional 98 square feet of surface area he is requesting in monument graphics.
2. Site Characteristics Standard. The suitability of the subject property for the program for
graphics with respect to its size, shape and any existing improvements.
Findings. The subject property is suitable for the intended conditional use for a program for
graphics with respect to its size, shape and any existing improvements.
The site contains 17.8 acres of land and is part of a light industrial environment. It is
improved with a manufacturing/warehouse building, related off-street parking areas, and a
common shared entranceway for the building. The building contains two tenants and a retail
outlet store.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 109-06 March 21, 2007
The manufacturing/warehouse building on the subject property was constructed on the site at
a lower grade level than McLean Boulevard. The topographical change in the land between
building and right of way makes the use of wall graphics less effective due to their lack of
visibility from McLean Boulevard. This change in grade on site also creates a unique need
for freestanding graphics.
3. Surrounding Land Use and Zoning Standard. The suitability of the subject property for
the program for graphics with respect to consistency and compatibility with surrounding land
use and zoning.
Findings. The subject property is suitable for the intended conditional use for a program for
graphics with respect to consistency and compatibility with surrounding land use and
zoning.
The subject property is located within the Fox Bluff Corporate Center and is zoned ORI
Office Industrial District.
The areas to the north and east of the subject property are zoned GI General Industrial
rok District and are improved with light manufacturing and industrial buildings.
The area to the south of the subject property is in the Village of South Elgin and is developed
with a residential subdivision.
The unincorporated area to the west of the subject property is developed with a residential
subdivision. Within incorporated limits, the area to the immediate west of the subject
property zoned PRC Planned Residence Conservation District is developed with townhomes.
The area zoned NB Neighborhood Business is developed with a shopping center.
The surface area of the proposed graphic for the subject property meets current ordinance
requirements. The surface area of the nonconforming graphic on the subject property is in
conformance to the freestanding graphics that exist on surrounding properties to the subject
property. Surrounding properties to the subject property have freestanding monument style
graphics that exceed the maximum surface area that would be presently allowed on the
subject property under current ordinance requirements.
4. Architectural Style Standard. Each graphic shall be designed to relate to the architectural
style of the main building or buildings upon the site, and to the extent not inconsistent with
such style, to existing improvements upon lots adjacent to the site; provided that signs
located on any isolated commercial site containing a gross floor area of less than ten
thousand square feet within one or more buildings and located within a predominantly
residential area shall be compatible with the residential character of such area and consistent
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Findings of Fact Zoning and Subdivision Hearing Board
fow Petition 109-06 March 21, 2007
with other sign types permitted in residential districts.
Findings. The subject property is suitable for the intended conditional use for a program for
graphics with respect to graphics relating to the architectural style of the buildings upon site.
The existing and the proposed freestanding graphics are designed to relate to the
architectural style of the building upon the site.
5. Relationship to Buildings Standard. Consistent with the architectural style,each graphic
shall be designed to incorporate at least one of the predominantly visual horizontal and
vertical elements of the main building or buildings on the site, such as the type of
construction material, color, or other design details; and any sign on a building shall have
dimensions which are proportional to and visually balanced with the building facade of the
side of the building upon which such sign is located.
Findings. The subject property is suitable for the intended conditional use for a program for
graphics with respect to the relationship of the graphics to the buildings on site.
Both monument displays are designed to match the design of the building and have been
given a finish that matches that of the building's. The graphics are also colored to match the
color of the building.
6. Relationship to Other Graphics Standard. Each graphic shall be well related to all other
graphics on the site by the incorporation of not less than four of the following seven
elements:
a. Materials;
b. Letter style of graphic copy;
c. Color;
d. Illumination;
e. Method used for structural support or attachment;
f. Technical details of graphic construction; and
g. Shape of entire graphic and its several components.
Findings. The subject property is suitable for the intended conditional use for a program for
graphics with respect to the relationship of graphics to other graphics.
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Findings of Fact Zoning and Subdivision Hearing Board
EI1PI Petition 109-06 March 21, 2007
Both freestanding graphics will have material,letter style,color,illumination,method used
for structural support,technical details of graphic construction,and shape of entire graphics
in common.
7. Graphics Affixed to Buildings Standard. The area for any graphic affixed to a building
shall not exceed ten percent of the building facade upon which such sign is located,except
that an applicant for a program for graphics may,subject to the approval of the City Council,
designate one or more enterprises,which collectively occupy more than fifty percent of the
usable floor space within the main building upon the site, as a "main tenant" or "main
tenants"of the site. Each main tenant may have a graphic with an area not to exceed fifteen
percent of the building facade of the building side upon which such graphic is located.
Findings. It was not determined if the subject property is suitable for the intended
conditional use for a program for graphics with respect to graphics affixed to the buildings on
site.
The applicant is not proposing any flushmounted wall graphics.
8. Graphics Affixed to Buildings Above Eave Lines Standard. Any graphic located above a
building facade (eave line) shall be integral with the building and also an integral design
feature of the building.
Findings. It was not determined if the subject property is suitable for the intended
conditional use for a program for graphics with respect to graphics affixed to the buildings on
site.
The applicant is not proposing any signs located above the eave line of the building.
9. Graphics Affixed to Buildings Below Canopy Standard. Any graphic located beneath a
canopy, arcade, marquee or other similar building projection shall not contain more than
three square feet in sign area and shall be located on a building frontage proximate to an
entrance to the building in regular use by the general public.
Findings. It was not determined if the subject property is suitable for the intended
conditional use for a program for graphics with respect to graphics affixed to the buildings on
site.
The applicant is not proposing any signs below a canopy.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 10006 March 21, 2007
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.
Positive Attributes. The manufacturing/warehouse building on the subject property was
constructed on the site at a lower grade level than McLean Boulevard. The topographical
change in the land between building and right of way makes the use of wall
graphics less effective due to their lack of visibility from McLean Boulevard.This change in
grade on site also creates a unique need for freestanding graphics.
The subject property is allowed to have one freestanding graphic. The applicant is proposing
to have two. The applicant is requesting to have a new freestanding graphic along McLean
Boulevard to accommodate the needs of the retail outlet store that belongs to one of two
businesses that occupy the subject property.The retail outlet store,specializing in the sale of
nuts, dried fruits and candies to the public,needs to have advertising visibility and location
recognition from McLean Boulevard.
The owner proposes to mitigate his request for departures by adding more landscaping
around the proposed freestanding graphic than he is required to add by ordinance.Instead of
the 150 square feet of landscaping required by ordinance,the owner will place a total of 500
square feet of landscaping around the graphic. The owner also agrees to give up the right to
98 square feet of allowable surface area in wall graphics as mitigation for the additional 98
square feet of surface area he is requesting in monument graphics.
B. Summary of Unresolved Issues.
Surface area of the lawful nonconforming freestanding monument style graphic. The
applicant is requesting to keep the 78 square foot lawful nonconforming graphic that exists
on site. Under current ordinance, the maximum surface area allowed for this freestanding
graphic is 40 square feet. The Community Development Group recommended that this
graphic be reduced to the maximum 40 square feet in surface area allowed by ordinance.
The Zoning and Subdivision Hearing Board voted on and removed condition number 3 from
the list of conditions for approval in the Conditional Use Review report. Condition number
3 read "The lawful nonconforming graphic should be brought into conformance with the
ordinance.".
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 109-06 Mardi 21, 2007
C. Summary of Alternatives.
Other than an approval,a denial,or an approval with some combination of conditions,there
are no substantive alternatives.
RECOMMENDATION
The Zoning and Subdivision Hearing Board hereby recommends the approval of Petition 109-06. On
a motion to recommend approval of Petition 109-06, subject to the following conditions, the vote
was six (6)yes and zero (0)no:
1. Substantial conformance with the Statement of Purpose and Conformance,prepared by Terri
Lynn,Inc., dated January 26, 2007.
2. Substantial conformance to the graphic plan for freestanding monument style graphics,
prepared by White Way Sign Company, dated January 15, 2007. All other graphics are
subject to the provisions of 19.50, Street Graphics, as maybe amended from time to time.
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3. The applicant and/or property owner shall give up the right to 98 square feet of allowable
surface area in wall graphics as mitigation for the additional 98 square feet of surface area
being requested in monument graphics.
4. Substantial conformance to the graphic landscape plan for the new freestanding graphic,
prepared by White Way Sign Company, dated February 2, 2007.
5. All required landscaped areas on site must be provided and maintained in accordance with
their approved landscaping plan. Any dead trees or shrubs must be removed from site.
6. Compliance with all other codes and ordinances.
Therefore, the motion to recommend approval was adopted.
Jik Roder, Actin g Chairma
Zoning and Subdivision Hearing Board
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Findings of Fact Zoning and Subdivision Hearing Board
r- Petition 109-06 March 21, 2007
Tom Armstrong, Secretary f
Zoning and Subdivision Hearing Board
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