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G25-08 Ordinance No. G25-08 AN ORDINANCE AMENDING CHAPTER 19.50 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "STREET GRAPHICS" WHEREAS, written application has been made to amend the City's Street Graphics Ordinance; and WHEREAS, the Planning and Development Commission has held a public hearing concerning the proposed amendments after due notice in the manner provided by law; and WHEREAS, the Planning and Development Commission has submitted its written findings and recommendations that the requested amendments be granted, but that the requested amendment to create the Route 19/East Chicago Street area of special character be denied; and WHEREAS, the Community Development Group has submitted its written findings and recommendations that the requested amendments be granted; and WHEREAS, the City Council concurs in the findings and recommendations of the Community Development Group. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 19.50.080, of the Elgin Municipal Code, 1976, as amended, entitled "Wall and Integral Roof Graphics", be and is hereby further amended by amending subparagraph B thereof to read as follows: "B. Wall Graphic Projections: No wall graphic shall project more than twelve (12) inches from the surface to which it is attached, except as may be otherwise provided for projecting graphic." Section 2. That Section 19.50.080 of the Elgin Municipal Code, 1976, as amended, entitled "Wall and Integral Roof Graphics", be and is hereby further amended by adding a new subparagraph I thereto to read as follows: "I. Awning Graphic: An awning graphic shall be considered a wall graphic. A maximum of one graphic per awning shall be allowed on each vertical awning surface. Awning graphics shall be limited to awnings on windows and doors of businesses located on the ground floor of a building. Awning graphics shall be located entirely within the vertical marquee surface. The surface area of an awning graphic shall not exceed twenty-five percent (25%) of the vertical surface of the plane of the awning on which it is located, and shall be deducted from the total allowable graphic surface area for wall graphics on each zoning lot. An awning graphic shall be allowed only in the CF Community Facility District, the CC1 Center City District, CC2 Center City District, RB Residence Business District, NB Neighborhood Business District, AB Area Business District, ORI Office Research Industrial District, GI General Industrial District and CI Commercial Industrial District. " Section 3. That Section 19.50.105 of the Elgin Municipal Code, 1976, as amended entitled "Areas of Special Character", be and is hereby further amended by amending subparagraph A thereof by adding the following additional provisions thereto: "2. The Randall Road/I-90 area consisting of the following properties: (a) Those portions of Randall Point Executive Center Subdivision and the Randall Point Executive Center II Subdivision, such property being legally described as follows: Parcel 1: Lots 1 through 7, inclusive, of the Randall Point Executive Center Subdivision, in the City of Elgin, Kane County, Illinois, according to the plat thereof recorded as document number 98K034512 in the office of the Recorder of Deeds of Kane County, Illinois; excluding, however, the following Lots(and portions of Lots)within said subdivision: ( That part of Lot 6 and Lot 7 of Randall Point Executive Center Subdivision, being a subdivision of part of the southwest 1/4 of Section 29 and part of the northwest 1/4 of Section 32, township 42 North, Range 8 East of the Third Principal Meridian, recorded as document no. 98K034512 in Kane County, Illinois, Described as follows: Beginning at the northwest corner of said Lot 6; Thence south 89 degrees 17 minutes 06 seconds east along the north line of said Lot 6, a distance of 214.98 feet to a line that is parallel with and 35.02 feet westerly of, as measured at right angles to, the east line of said Lot 6; thence south 00 degrees 56 minutes 00 seconds west along said parallel line, 375.66 feet; Thence north 89 degrees 03 minutes54 seconds west at right angles to the last described course, 313.51 feet to the southwesterly line of said Lot 7; Thence north 36 degrees 25 minutes 23 seconds west along said southwesterly line, 40.00 feet; Thence north 56 degrees 57 minutes 25 seconds east, 29.00 feet; Thence south 89 degrees 03 minutes 54 seconds east,79.16 feet to a line that is parallel with and 19.60 feet westerly of, as measured at right angles to, the west line of said Lot 6; Thence north 00 degrees 56 minutes 06 seconds east along said parallel line, at right angles to the last described course, 326.96 feet to the north line of said Lot 7; Thence south 89 degrees 17 minutes 06 seconds east along said north line to the point of beginning; in the City of Elgin, Kane County, Illinois. Lot 7 of Randall Point executive Center Subdivision, being a subdivision of part of the southwest quarter of Section 29 and part of the northwest quarter of Section 32, Township 42 North, Range 8 East of the Third Principal Meridian ,recorded as document no. 98K034512, in Kane County, Illinois, except that part described as follows: beginning at the northeast corner of said Lot 7; thence south 00 degrees 56 minutes 06 seconds west along the 2 east line of said Lot 7, a distance of 494.93 feet to the southeast corner of said Lot 7; Thence north 59 degrees 05 minutes 22 seconds west along the southwesterly line of said Lot 7, a distance of 14.45 feet to an angle point in said southwesterly line; thence north36 degrees 25 minutes 23 seconds west along said southwesterly line, 181.76 feet; Thence north 56 degrees 57 minutes 25 seconds east, 29.00 feet; Thence south 89degrees 03 minutes 54 seconds east, 79.16 feet to a line that is parallel with and 19.60 feet westerly of, as measured at right angles to the east line of said Lot 7; Thence north 00 degrees 56 minutes 06 seconds east along said parallel line, at right angles to the last described course, 326.96 feet to the north line of said Lot 7; Thence south 89 degrees 17 minutes 06 seconds east along said north line to the point of beginning, in the City of Elgin, Kane County,Illinois. Parcel 2: Lots 1 through 8, inclusive, of the Randall Point Executive Center II, in the City of Elgin,Kane County, Illinois, according to the plat thereof recorded as document number 1999K051203 in the office of the Recorder of Deeds of Kane County, Illinois; excluding, however, the following Lots (and portions of Lots)within said subdivision That part of Lot 5 and 6 in Randall Point Executive Center II, being a subdivision of that part of the northwest quarter of Section 32, Township 42 North, range 8 East of the Third Principal Meridian, according to the plat thereof recorded May 21, 1999 as document number 1999K051203, in the City of Elgin, Kane County Illinois, described as follows: Commencing at the northeast corner of said Lot 5; Thence south 01 degrees 51 minutes 04 seconds west along the east line thereof 261.17 feet to the point of beginning, thence continuing south 01 degree 51 minutes 04 seconds west along said east line 717.51 feet to the southeast corner of said Lot, thence north 58 degrees 15 minutes, 32 seconds west along the south line of said Lot and the south line of said Lot 6, a distance of 394.49 feet; Thence north 01 degrees 51 minutes 04 seconds east along a line 342.02 feet west of and parallel with the east line of said Lot 5, a distance of 622.91 feet thence south 51 degrees 32 minutes 41 seconds east 356.90 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. (b) The property commonly known as 1707 North Randall Road, such property being located at the southeast corner of Randall Road and I-90 and being legally described in the Planned Development Ordinance for such property under Ordinance No. G79-05. (c) The Randall Point West Subdivision, such property being legally described in the Planned Development Ordinance for such property under Ordinance No. G98-07. (d) The Grove Subdivision, such property being legally described in the Planned Development Ordinance for such property under Ordinance No. G76-04. r 3 (e) The Galvin Family Partnership LP property, commonly known as rbk the southwest corner of Randall Road and Illinois Route 72 and being legally described as the 36.12 acres located in the north half of the east half of the southeast quarter of Section 19, Township 42 North, Range 8 East of the Third Principal Meridian, in Kane County, Illinois, currently identified with permanent index number 06-19-400-019. 3. The Route 19/East Chicago Street area defined as all zoning lots of four (4) acres or more, fronting on Route 19/EastChicago Street between Willard Avenue on the west and Shales Parkway on the east, and which such zoning lots are occupied by motor vehicle dealers. " Section 4. That Section 19.50.110 of the Elgin Municipal Code, 1976, as amended, entitled "Prohibited" be and is hereby further amended by adding a new subparagraph S thereto to read as follows: "S. Neon tube lighting or light-emitting diode (LED) lighting outlining or illuminating the features of a "building" [SR] or "structure" [SR] including, but not limited to, windows." Section 5. That Section 19.50.120 of the Elgin Municipal Code, 1976, as amended, entitled "Exempt" be and is hereby further amended by amending subparagraph A6 thereof to read as follows: "6. Political campaign signs announcing candidates seeking public office, or public or political issues contained on a ballot and any information pertinent thereto. No campaign shall exceed thirty-two (32) square feet in surface area, or exceed ten (10) feet in height. A political campaign sign displayed more than sixty (60) days prior to an election or more than seven (7) days subsequent to an election shall be considered a non-commercial street graphic provided for in Section 19.50.120 A3 hereof and shall be subject to the number, surface area and location limitations and requirements as provided for in such section." Section 6. That Section 19.50.120 of the Elgin Municipal Code, 1976, as amended, entitled "Exempt" be and is hereby further amended by amending subparagraph A thereof by adding a new subsection 10 thereto to read as follows: "10. Street graphics owned by a governmental unit and located in a public right-of-way". Section 7. That Section 19.50.170 of the Elgin Municipal Code, 1976, as amended, entitled"Enforcement" be and is hereby further amended to read as follows: "19.50.170: Violation and Enforcement. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter, including, but not limited to, any ordinance 4 provisions providing for a program for graphics or any ordinance provisions providing special regulations for street graphics in an area of special character, shall be guilty of an offense. The Development Administrator is authorized and directed to enforce all of the provisions of this chapter." Section 8. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 9. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. Ed Schoc , ayor Presented: May 28, 2008 Passed: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: May 29, 2008 Published: May 30, 2008 Attest: Diane Robertson, Cit Clerk r 5