G70-07 (2)Ordinance No. G70-07
AN ORDINANCE
ESTABLISHING SPECIAL REGULATIONS FOR STREET GRAPHICS
WITHIN AN AREA OF SPECIAL CHARACTER
(The Randall/90 Auto Mall)
WHEREAS, Section 19.50.105 of the Elgin Municipal Code, 1976, as amended, provides
that the City Council may designate specific locations within the City as Areas of Special
Character in order to provide appropriate flexibility in the regulation of street graphics through
the adoption of special regulation for these areas that can vary from the regulations contained
within the City's Street Graphics Ordinance; and
WHEREAS, the City Council has designated the Randall/90 Auto Mall, such property
commonly known as the Northwest corner of Randall Route and U.S. Interstate 90, and being
legally described in the planned development ordinance for such property under Ordinance No.
G68-07, as an Area of Special Character pursuant to Section 19.50.105; and
WHEREAS, written application has been made to adopt special regulations for street
graphics within the Randall/Route 90 Auto Mall Area of Special Character; and
WHEREAS, the Planning and Development Commission held a public hearing
concerning the proposed special regulations; and
WHEREAS, the Planning and Development Commission has submitted its written
findings and recommendation that the requested special regulations for street graphics be denied;
and
WHEREAS, the Community Development Group has submitted its written findings and
recommendation that the requested special regulations for street graphics be granted; and
WHEREAS, the City Council finds that the Randall/90 Auto Mall Area of Special
Character has unique characteristics including the area's location, topography and being adjacent
to both U.S. Interstate 90 and Randall Road; and
WHEREAS, the City Council further finds that the proposed use of the Randall/90 Auto
Mall Area of Special Character as an auto mall presents specified unique challenges and
demands such that the City's street graphic ordinance cannot adequately regulate street graphics
for such use in such area; and
WHEREAS, the proposed special regulations for the Randall/90 Auto Mall Area of
Special Character are consistent with the unique character and unique use of the Randall/90 Auto
Mall Area of Special Character and departures from the street graphics ordinance as contained
within such proposed special regulations are limited to address the unique and particular area
characteristics and use characteristics of the Randall/90 Auto Mall Area of Special Character.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the following Special Regulations for Street Graphics for the Randall/90
Auto Mall Area of Special Character, such property commonly known as the Northwest corner
of Randall Road and U.S. Interstate 90, and being legally described in the planned development
ordinance for such property under Ordinance No. G68-07, be and are hereby granted and
approved pursuant and subject to the following terms and conditions:
1. Compliance with the Randall 90 Auto Mall Special Sign District Plans prepared
by Heitman Architects, dated October 16, 2007 (such plans are hereinafter referred to as
the “Subject Special Sign District Plans”).
2. The light emitting diode (LED) message center included as part of the mall
project monument sign A-1 shall comply with the following additional standards:
a. All images, displays or messages of any type or nature (hereinafter
collectively “Image” or “Images”) shall be static without any type of
movement or motion whether the Images are in the form of animation,
video, text or otherwise. No continuous traveling, scrolling, flashing,
spinning, revolving or shaking, or any other type of movement or motion
of an Image shall be allowed.
b. The rate of change for any Image shall be for a minimum period of one (1)
minute, i.e., each Image displayed shall be displayed for a minimum
period of one (1) minute.
c. Any Image or message change sequence shall be accomplished
immediately with no transition by changing from one screen to another or
by means of fade or dissolve mode.
d. The intensity of the light emitting diode (LED) display shall not exceed
the level specified in the chart below:
INTENSITY LEVELS (NITS)
Color Daytime Nighttime
Amber only 4,690 1,675
Full Color 7,000 2,500
Green only 6,300 2,250
Red only 3,150 1,125
e. The square footage of the light emitting diode (LED) message center shall
not exceed 200 square feet.
f. The light emitting diode (LED) message center, as well as all other street
graphics within the Randall/Route 90 Area of Special Character, shall not
be operated, in whole or in part, as an Off Premises Street Graphic.
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g. In the event of any conflict between the standards for the light emitting
diode (LED) message center as provided in this subsection 2 and the
provisions within the Subject Special Sign District Plans, the provisions of
this subsection 2 shall supersede and control.
3. No additional non-exempt street graphics shall be permitted within the
Randall/Route 90 Area of Special Character.
4. The special regulations for street graphics within the Randall/90 Auto Mall Area
of Special Character as provided for herein shall apply solely and only to the subject Area
of Special Character if the Subject Area of Special Character is developed and utilized for
an Auto Mall for New Vehicle Sales as provided for and defined in the planned
development ordinance for the subject property or under Ordinance No. 68-07. In the
event the Randall/90 Auto Mall Area of Special Character is not hereinafter developed
and used exclusively for such Auto Mall use for New Vehicle Sales no street graphics
shall be permitted or constructed at the subject property pursuant to these special
regulations and any street graphics to be constructed at the subject property shall comply
with all other city ordinances applicable to street graphics. In the event the Randall/90
Auto Mall Area of Special Character is developed and utilized for such an Auto Mall use
and New Vehicle sales but such Auto Mall use for New Vehicle Sales is hereinafter
discontinued on the subject property, the special regulations for the Randall/90 Auto Mall
Area of Special Character shall be deemed automatically terminated and no longer in
effect and within one hundred eighty (180) days of written notice from the City to the
property owners association for the Subject Property (or the owners of the Subject
Property in the absence of a property owners association), the signage constructed
pursuant to these regulations which is not otherwise in conformance with city’s
ordinances applicable to street graphics then in effect shall be removed.
5. Compliance with all other codes and ordinances. In the event of any conflict
between the special regulations for this Area of Special Character and the provisions of
Chapter 19.50 of the Elgin Municipal Code, 1976, as amended, entitled “Street
Graphics”, the provisions of these special regulations for this Area of Special Character
as contained herein shall supersede and control.
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Section 3. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law.
_s/ Ed Schock_______________
Ed Schock, Mayor
Presented: December 5, 2007
Passed: December 5, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: December 6, 2007
Published: December 7, 2007
Attest:
__s/ Diane Robertson_______________
Diane Robertson, City Clerk