G44-12 Ordinance No. G44-12
AN ORDINANCE
AMENDING TITLE 19
OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "ZONING"
WHEREAS, written application has been made to amend the Elgin Zoning Ordinance
regarding the manner in which street graphics are regulated; and,
WHEREAS, the Planning and Zoning Commission held a public hearing concerning the
proposed amendments after due notice in manner provided by law; and,
WHEREAS, the Planning and Zoning Commission has forwarded the proposed
amendments to the city council with a recommendation for approval and finding that the
proposed amendments:
a) Will enhance the effectiveness of the zoning ordinance;
b) Will provide additional flexibility to businesses and other entities along Randall Road
without risking the existing character along Randall Road;
c) Will provide city council with additional flexibility to approve unique graphics for
those business or other entities that propose unique architecture and/or architectural
treatments;
d) Will provide city council with additional flexibility to approve graphics for those
businesses or other entities that, because of building placement and/or the location of
the site, have visibility to more than two sides of the building; and
e) Will not negatively affect city efforts to promote a positive image; and
WHEREAS, the Community Development Department recommends the requested
amendment be granted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Section 19.50.040 of the Elgin Municipal Code, 1976, as amended,
entitled "Graphic Characteristics" be and is hereby further amended by amending subparagraphs
A, B, and C thereof to read as follows:
"A. Street graphics with changeable copy shall be allowed only in the CF community
facility district, NB neighborhood business district, AB area business district,
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CC 1 center city district, CC2 center city district, and CI commercial industrial
district zoning districts, as well as the like planned development districts.
B. Indirect illumination, external illumination, and internal illumination shall be
allowed in the CF community facility district, RB residence business district, NB
neighborhood business district, AB area business district, CC 1 center city district,
CC2 center city district, ORI office research industrial district, GI general
industrial district and CI commercial industrial district zoning districts, as well as
the like planned development districts.
C. Neon shall be allowed only in the NB neighborhood business district, AB area
business district, CC1 center city district, CC2 center city district, and CI
commercial industrial district zoning districts, as well as the like planned
development districts."
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 amending
subparagraph C thereof entitled "Vertical Clearance" to read as follows:
"C. Vertical Clearance: All wall graphics, except authorized painted wall graphics,
shall have a minimum vertical clearance of nine (9) linear feet over a sidewalk or
a private driveway, and shall have a minimum vertical clearance of seventeen(17)
linear feet over a private street."
Section 3. That Section 19.50.090 of the Elgin Municipal Code, 1976, as amended,
entitled "Special Street Graphics" be and is hereby further amended by amending subparagraph
C thereof entitled "Directional Graphic," by amending subparagraph D thereof entitled "Drive-
Through Facility Graphic," and by amending subparagraph I thereof entitled "Electronic
Changeable Copy Graphic" to read as follows:
"C. Directional Graphic: A directional graphic may be located at an exit or an
entrance to a premises that has two (2) or more driveways. The maximum surface
area for a directional graphic shall be not more than two (2) square feet on two-
lane streets or highways and on any highway with a posted travel speed of less
than thirty five (35) miles per hour, and not more than four (4) square feet on
multilane roads and on any highway with a posted travel speed of thirty five (35)
miles per hour or greater. Directional graphics shall be monument graphics with a
masonry base. The total height of a directional graphic shall not exceed three (3)
feet. Notwithstanding other provisions of this chapter, the area of the base of a
directional graphic shall be excluded from the maximum surface area allowed by
this section. Landscaping otherwise required for monument graphics shall not be
required for directional graphics.
D. Drive-Through Facility Graphic: A drive-through facility graphic may be located
in conjunction with a drive-through facility. A drive-through facility graphic shall
be either a monument graphic or a wall graphic. No drive-through facility graphic
shall exceed fifty (50) square feet in surface area or eleven (11) linear feet in
height, except that the surface area may be increased to no more than sixty (60)
square feet where the drive-through facility graphic is to be viewed by more than
one lane of drive-through traffic. The number and surface area of drive-through
facility graphics shall not limit the number or surface area of other allowable
signage on a zoning lot. Drive-through facility graphics shall be allowed only in
the NB neighborhood business district, AB area business district, CC2 center city
district, and CI commercial industrial district zoning districts, as well as the like
planned development districts.
Electronic Changeable Copy Graphic: An electronic changeable copy graphic
may be located only in compliance with the provisions of this section and the
other provisions of this chapter.
1. Type: All electronic changeable copy graphics shall be part of a
monument graphic. With the exception of the electronic display panel(s)
electrical changeable copy graphics shall be constructed entirely of
masonry.
2. Zoning District Districts And Maximum Number: Electronic changeable
copy graphics shall be allowed only in the NB neighborhood business
district, the AB area business district, the CC2 center city district and the
CI commercial industrial district zoning districts, as well as the like
planned development districts. The maximum number of electronic
changeable copy graphics shall be one for each zoning lot.
3. Maximum Size: Except as otherwise provided for electronic changeable
copy graphics on a Zoning Lot [SR] with frontage along Randall Road as
provided for in subsection 5f2a hereof', the maximum size of the total
electronic display panel(s) of an electronic changeable copy graphic shall
be no more than twenty five percent (25%) of the total allowable
maximum surface area for the monument graphic in which the electronic
display area is to be located, provided that all the other requirements of
this chapter are followed. The maximum number of electronic display
panel(s) of an electronic changeable copy graphic shall be no more than
four (4) separate electronic display panel(s). The maximum size of each
electronic display panel of an electronic changeable copy graphic shall be
determined by the speed limit of the public right of way adjoining the yard
within the zoning lot on which the electronic changeable copy graphic is
located in accordance with the following requirements:
a. Speed limit of thirty (30) miles per hour or less: Each electronic
display panel shall not exceed sixteen inches (16") in height and
forty eight inches (48") in length.
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b. Speed limit of thirty five (35) miles per hour to fifty (50) miles per
hour: Each electronic display panel shall not exceed twenty inches
(20") in height and sixty inches (60") in length.
c. Speed limit of fifty five (55) miles per hour or greater: Each
electronic display panel shall not exceed twenty four inches (24")
in height and seventy two inches (72") in length.
4. Location: In the NB neighborhood business district and the AB area
business district no electronic changeable copy graphic shall be located
within a street yard adjoining a local street, or a collector street, where the
property located directly opposite the public right of way is located within
a residence district.
5. Restrictions: An electronic changeable copy graphic shall be operated in
compliance with the following standards:
a. Electronic changeable copy graphics shall display static text
messages only with no animation, effects simulating animation or
video. No continuous traveling, scrolling, flashing, spinning,
revolving, or shaking, or any other type of movement or motion of
an image shall be allowed.
b. Except as otherwise provided for electronic changeable copy
graphics on a Zoning Lot [SR] with frontage along Randall Road
as provided for in subsection 5f2b hereof, the rate of change for
any image shall be for a minimum period of two (2) hours, i.e.,
each image displayed shall be displayed for a minimum period of
two (2)hours.
c. Any message change sequence shall be accomplished immediately
with no transition by changing from one screen to another by
means of fade or dissolve mode.
d. Maximum brightness levels for electronic changeable copy
graphics shall not exceed five thousand (5,000) nits when
measured from the sign's face at its maximum brightness, during
daylight hours, and five hundred (500) nits when measured from
the sign's face at its maximum brightness between dusk and dawn,
i.e., the time of day between sunrise and sunset. Electronic
changeable copy graphics shall include an ambient light meter and
programmable or manual dimming capacity.
e. An electronic changeable copy graphic shall not be operated, in
whole or in part, as an off premises street graphic.
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f. Additional Considerations. Electronic changeable copy graphics
shall be allowed only in the following circumstances:
1. In Conjunction with Motor Vehicle Service Stations.
Information displayed within an electronic changeable copy
graphic shall be limited to information required to be
displayed by law. Each electronic display panel within an
electronic changeable copy graphic shall display no more
than five (5) characters at any one time.
2. In Conjunction with an Authorized Principal Use [SR]
upon a Zoning Lot [SR] with Frontage along Randall Road.
Such electronic changeable copy graphics shall comply
with the provisions of this section 19.50.090. I., except:
a. The maximum size of the total electronic display
panel(s) of an electronic changeable copy graphic
shall be the lesser of:
(1) No more than fifty percent (50%) of the total
allowable maximum surface area for the
monument graphic in which the electronic
display area is to be located; or
rik (2) Forty (40) square feet for a monument
graphic; or
(3) One hundred (100) square feet for a
shopping center identification monument
graphic.
Said panel(s) is not limited to a specific height or
length, except that one measure cannot be less than
twenty-five percent (25%) of the other measure.
b. The rate of change for any image shall be for a
minimum period of ten (10) seconds, i.e., each
image displayed shall be displayed for a minimum
period of ten (10) seconds.
c. All freestanding graphics upon the associated
zoning lot, including directional graphics, shall be
in compliance with all applicable requirements of
this chapter and other applicable requirements of
law unless those requirements have been previously
varied by city council approval of a planned
development or an area of special character. The
monument graphic in which the electronic display
area is to be located shall include a masonry base.
6. Limited To Conforming Graphics: An electronic changeable copy graphic
may be located only as part of a monument graphic which is in
compliance with all applicable requirements of this chapter and other
applicable requirements of law. No electronic changeable copy graphic
may be located as part of a nonconforming street graphic or
nonconforming street graphic structure."
Section 4. That Section 19.50.110 of the Elgin Municipal Code, 1976, as amended,
entitled "Prohibited" be and is hereby further amended by amending subparagraphs F, 0, Q, and
S to read as follows:
"F. Roof graphics, except when designed in conjunction with an architectural detail
and approved by city council as part of a planned development or as part of a
development plan required by a planned development, and except integral roof
graphics. Authorized roof graphics designed in conjunction with an architectural
detail shall not count toward the allowable number and surface area of other wall
graphics.
0. Painted wall graphics, except when used as a nostalgic architectural feature and
approved by city council as part of a planned development or as part of a
development plan required by a planned development. In such instances, painted
wall graphics shall not count toward the allowable number and surface area of
other wall graphics.
Q. Electronic video display graphics.
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, but excluding sign bands when approved by city council
as part of a planned development or as part of a development plan required by a
planned development."
Section 5. That Section 19.50.130 of the Elgin Municipal Code, 1976, as amended,
entitled "Variance" be and is hereby further amended by amending subparagraph B thereof
entitled "Authorized Graphic Variations" to read as follows:
"1. Surface Area: To permit an increase in the maximum graphic surface area in an
amount not to exceed twenty percent (20%) of the allowable maximum. Where a
building is located on a corner outlot within a shopping center and the adjacent
streets are limited access arterial streets [SR] or arterial streets [SR], the city
council may approve a departure greater than twenty percent (20%) of the
maximum graphic surface area as part of a planned development or as part of a
development plan required by a planned development.
2. Height: To permit an increase in the maximum height of a freestanding graphic in
an amount not to exceed twenty percent(20%) of the allowable maximum.
3. Number: To permit an increase in the allowable number of wall graphics by two
(2) where a building has more than two (2) primary building faces with limited
access arterial street [SR] or arterial street [SR] frontage. These departures may
only be approved by city council as part of a planned development or as part of a
development plan required by a planned development.
4. Other Graphic Characteristics: To permit a departure from the requirements
regulating other graphic characteristics including location on the zoning lot.
Notwithstanding the foregoing, allowable departures from the requirements
regulating other graphic characteristics pursuant to a variation or pursuant to a
planned development shall not include being granted permission for a graphic
prohibited by section 19.50.110 of this chapter, as amended; being granted
permission for a type of graphic not otherwise allowed in the zoning district of the
property upon which a graphic is proposed to be erected, placed or maintained; or
being granted a departure of any of the requirements for an electronic changeable
copy graphic provided for in subsection 19.50.090I of this chapter, as amended, or
otherwise provided in this chapter, as amended."
Section 6. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 7. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
David.7'aptai'.( ayor
Presented: July 25, 2012
Passed: July 25, 2012
Omnibus Vote: Yeas: 7 Nays: 0 OF, E��•,,,
Recorded: July 25, 2012 ;G,.- C;-.:Rum"
Published: July 27, 2012 ^ �'�
aj
Attest: '
o
es CC i i ;1111 erly Dewis, Clerk
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rb‘ 19.50.040: GRAPHIC CHARACTERISTICS: it
A. Street graphics with changeable copy shall be allowed only in the CF
community facility district, NB neighborhood business district, AB area
business district, CC1 center city district, CC2 center city district, and CI
commercial industrial district zoning districts, as well as the like planned
development districts.
B. Indirect illumination, external illumination, and internal illumination shall
be allowed in the CF community facility district, RB residence business
district, NB neighborhood business district, AB area business district,
CC1 center city district, CC2 center city district, ORI office research
industrial district, GI general industrial district and CI commercial
industrial district zoning districts, as well as the like planned
development districts.
C. Neon shall be allowed only in the NB neighborhood business district, AB
area business district, CC1 center city district, CC2 center city district,
and CI commercial industrial district zoning districts, as well as the like
planned development districts. (Ord. G87-05 § 1, 2005)
19.50.080: WALL AND INTEGRAL ROOF GRAPHICS:
C. Vertical Clearance: All wall graphics, except authorized painted wall
graphics, shall have a minimum vertical clearance of nine (9) linear feet
over a sidewalk or a private driveway, and shall have a minimum vertical
clearance of seventeen (17) linear feet over a private street.
19.50.090: SPECIAL STREET GRAPHICS:
C. Directional Graphic: A directional graphic may be located at an exit or an
entrance to a premises that has two (2) or more driveways. The
maximum surface area for a directional graphic shall be not more than
two (2) square feet on two-lane streets or highways and on any highway
with a posted travel speed of less than thirty five (35) miles per hour,
and not more than four (4) square feet on multilane roads and on any
highway with a posted travel speed of thirty five (35) miles per hour or
greater. Directional graphics shall be monument graphics with a
4111)
masonry base. The total height of a directional graphic shall not exceed
three (3) feet. Notwithstanding other provisions of this chapter, the area
of the base of a directional graphic shall be excluded from the maximum
surface area allowed by this section. Landscaping otherwise required
for monument graphics shall not be required for directional graphics.
D. Drive-Through Facility Graphic: A drive-through facility graphic may be
located in conjunction with a drive-through facility. A drive-through
facility graphic shall be either a monument graphic or a wall graphic. No
drive-through facility graphic shall exceed fifty (50) square feet in surface
area or eleven (11) linear feet in height, except that the surface area
may be increased to no more than sixty (60) square feet where the
drive-throuqh facility graphic is to be viewed by more than one lane of
drive-throuqh traffic. The number and surface area of drive-through
facility graphics shall not limit the number or surface area of other
allowable signage on a zoning lot. Drive-through facility graphics shall
be allowed only in the NB neighborhood business district, AB area
business district, CC2 center city district, and CI commercial industrial •
district zoning districts, as well as the like planned development districts.
I. Electronic Changeable Copy Graphic: An electronic changeable copy °I)
graphic may be located only in compliance with the provisions of this
section and the other provisions of this chapter.
1. Type: All electronic changeable copy graphics shall be part of a
monument graphic. With the exception of the electronic display
panel(s) electrical changeable copy graphics shall be constructed
entirely of masonry.
2. Zoning District Districts And Maximum Number: Electronic
changeable copy graphics shall be allowed only in the NB
neighborhood business district, the AB area business district, the
CC2 center city district and the CI commercial industrial district
zoning districts, as well as the like planned development districts. The
maximum number of electronic changeable copy graphics shall be
one for each zoning lot.
3. Maximum Size: The maximum size of the total electronic display
panel(s) of an electronic changeable copy graphic shall be no more
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than twenty five percent (25%) of the total allowable maximum
surface area for the monument graphic in which the electronic display
area is to be located, provided that all the other requirements of this
chapter are followed. The maximum number of electronic display
panel(s) of an electronic changeable copy graphic shall be no more
than four (4) separate electronic display panel(s). The maximum size
of each electronic display panel of an electronic changeable copy
graphic shall be determined by the speed limit of the public right of
way adjoining the yard within the zoning lot on which the electronic
changeable copy graphic is located in accordance with the following
requirements:
a. Speed limit of thirty (30) miles per hour or less: Each electronic
display panel shall not exceed sixteen inches (16") in height and
forty eight inches (48") in length.
b. Speed limit of thirty five (35) miles per hour to fifty (50) miles per
hour: Each electronic display panel shall not exceed twenty inches
(20") in height and sixty inches (60") in length.
c. Speed limit of fifty five (55) miles per hour or greater: Each
electronic display panel shall not exceed twenty four inches (24")
in height and seventy two inches (72") in length.
4. Location: In the NB neighborhood business district and the AB area
business district no electronic changeable copy graphic shall be
located within a street yard adjoining a local street, or a collector
street, where the property located directly opposite the public right of
way is located within a residence district.
5. Restrictions: An electronic changeable copy graphic shall be
operated in compliance with the following standards:
a. Electronic changeable copy graphics shall display static text
messages only with no animation, effects simulating animation or
video. No continuous traveling, scrolling, flashing, spinning,
revolving, or shaking, or any other type of movement or motion of
an image shall be allowed.
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b. The rate of change for any image shall be for a minimum period of
4111)
two (2) hours, i.e., each image displayed shall be displayed for a
minimum period of two (2) hours.
c. Any message change sequence shall be accomplished
immediately with no transition by changing from one screen to
another by means of fade or dissolve mode.
d. Maximum brightness levels for electronic changeable copy
graphics shall not exceed five thousand (5,000) nits when
measured from the sign's face at its maximum brightness, during
daylight hours, and five hundred (500) nits when measured from
the sign's face at its maximum brightness between dusk and
dawn, i.e., the time of day between sunrise and sunset. Electronic
changeable copy graphics shall include an ambient light meter and
programmable or manual dimming capacity.
e. An electronic changeable copy graphic shall not be operated, in
whole or in part, as an off premises street graphic.
f. Additional Considerations. Electronic changeable copy graphics
shall be limited-allowed only twin the following circumstances:,
1. In Conjunction with Mrnotor Vvehicle Sservice&Stations.
Information displayed within an electronic changeable copy
graphic shall be limited to information required to be displayed
by law. Each electronic display panel within an electronic
changeable copy graphic shall display no more than five (5)
characters at any one time.
2. In Conjunction with an Authorized Principal Use [SRI upon a
Zoning Lot [SRI with Frontage along Randall Road. Such
electronic changeable copy graphics shall comply with the
provisions of this section 19.50.090. I., except:
" a. The maximum size of the total electronic display panel(s) of
an electronic changeable copy graphic shall be no more than
the lesser of:
1) No more than fifty percent (50%) of the total allowable
maximum surface area for the monument graphic in which
the electronic display area is to be located; or
2) Forty (40) square feet for a monument graphic; or
3) One hundred (100) square feet for a shopping center
identification monument graphic.
Said panel(s) is not limited to a specific height or length,
except that one measure cannot be less than twenty-five
percent (25%) of the other measure.
b. The rate of change for any image shall be for a minimum
period of ten (10) seconds, i.e., each image displayed shall
be displayed for a minimum period of ten (10) seconds.
c. All freestanding graphics upon the associated zoning lot,
including directional graphics, shall be in compliance with all
applicable requirements of this chapter and other applicable
requirements of law unless those requirements have been
previously varied by city council approval of a planned
development or an area of special character. The
monument graphic in which the electronic display area is to
be located shall include a masonry base.
6. Limited To Conforming Graphics: An electronic changeable copy
graphic may be located only as part of a monument graphic which is
in compliance with all applicable requirements of this chapter and
other applicable requirements of law. No electronic changeable copy
graphic may be located as part of a nonconforming street graphic or
nonconforming street graphic structure. (Ord. G34-10, 2010; Ord.
G87-05 § 1, 2005)
19.50.110: PROHIBITED: t 41)
The following street graphics shall be prohibited in the city:
A. Graphics that by color, location, or design resemble or conflict with traffic
control graphics or signals.
B. Street graphics attached to light poles or standards.
C. Portable street graphics.
D. A-frame graphics, except within the CC1 center city district or CC2
center city district zoning districts.
E. Projecting graphics, except within the CC1 center city district, CC2
center city district, NB neighborhood business district or AB area
business district zoning districts.
F. Roof graphics, except when designed in conjunction with an
architectural detail and approved by city council as part of a planned
development or as part of a development plan required by a planned
development, and except integral roof graphics.
Authorized roof graphics designed in conjunction with an architectural
detail shall not count toward the allowable number and surface area of
other wall graphics.
G. Off premises graphics.
H. Graphics on unlicensed, uninsured or inoperable vehicles that are
placed on the vehicle for the primary purpose of attracting attention to an
occupant's presence within a building at which the vehicle is being
parked.
I. Any graphics that rotate, revolve, or have any visible moving part. Any
graphic that gives the appearance of movement.
J. Flashing graphics.
K. Graphics that move mechanically. Mechanical changeable copy is
permitted if the graphic change is no more than once every twenty four
(24) hours.
A)
1 [
L. Bare bulb illumination.
M. Attention getting devices, including searchlights, festoon lighting,
pennants, banners, spinners, streamers, balloons, inflatable graphics
and other similar devices, or ornamentation designed for purposes of
attracting attention or promotion, except as otherwise expressly
permitted in this chapter.
N. Any structure that constitutes a hazard to public health or safety under
the provisions of this code.
O. Painted wall graphics, except when used as a nostalgic architectural
feature and approved by city council as part of a planned development
or as part of a development plan required by a planned development. In
such instances, painted wall graphics shall not count toward the
allowable number and surface area of other wall graphics.
P. Pole graphics.
Q. Electronic gr-aphisvideo display graphics.
R. Street graphics erected on the right of way of any public or private
street, road or right of way, except street graphics required by federal,
state or local law to be erected by a governmental agency.
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, but excluding sign bands when approved by
city council as part of a planned development or as part of a
development plan required by a planned development. (Ord. G34-10,
2010; Ord. G25-08 § 4, 2008; Ord. G87-05 § 1, 2005)
19.50.130: VARIANCES: it
Variations from the regulations of this chapter may be granted only in
conformance to the provisions of chapter 19.70 of this title, only in
conformance to the following additional standards, and only in the following
instances and no others:
C
A. Additional Standards: In addition to the standards provided in section
411,
19.70.030 of this title, the granting of a graphic variation shall be
contingent on the extent to which affirmative findings are made with
respect to one or more of the following standards:
1. Physical Surroundings: The variation should be based on the
existence of unique physical surroundings, shape or topographical
conditions of the "zoning lot" [SR] involved, which bring a particular
hardship on the owner;
2. Reasonable Alternative: The variation should be based on there
being no other reasonable alternative, which would conform to the
provisions of this chapter; or
3. Historic District: The variation should be based on compatibility with
the significant architectural features of a designated landmark or
property located within a designated historic district pursuant to the
provisions of title 20 of this code.
B. Authorized Graphic Variations:
1. Surface Area: To permit an increase in the maximum graphic surface
area in an amount not to exceed twenty percent (20%) of the
allowable maximum. Where a building is located on a corner outlot
within a shopping center and the adjacent streets are limited access
arterial streets [SRI or arterial streets [SRI, the city council may
approve a departure greater than twenty percent (20%) of the
maximum graphic surface area as part of a planned development or
as part of a development plan required by a planned development.
2. Height: To permit an increase in the maximum height of a
freestanding graphic in an amount not to exceed twenty percent
(20%) of the allowable maximum.
3. Number: To permit an increase in the allowable number of wall
graphics by two (2) where a building has more than two (2) primary
building faces with limited access arterial street [SRI or arterial street
[SRI frontage. These departures may only be approved by city
council as part of a planned development or as part of a development
plan required by a planned development.
1
24. Other Graphic Characteristics: To permit a departure from the
requirements regulating other graphic characteristics including
location on the zoning lot. Notwithstanding the foregoing, allowable
departures from the requirements regulating other graphic
characteristics pursuant to a variation or pursuant to a planned
development shall not include
graphics;being granted permission for a graphic prohibited by section
19.50.110 of this chapter, as amended; being granted permission for
a type of graphic not otherwise allowed in the zoning district of the
property upon which a graphic is proposed to be erected, placed or
maintained; or being granted a departure of any of the requirements
for an electronic changeable copy graphic provided for in subsection
19.50.0901 of this chapter, as amended, or otherwise provided in this
chapter, as amended.
C. Minimum Setback For Monument Graphics: For monument graphics
which exceed the maximum allowable surface area as a result of an
authorized variation the minimum setback for such a monument graphic
from a public right of way shall be one linear foot for each ten (10)
square feet of graphic surface area which exceeds the maximum
allowable surface area. (Ord. G34-10, 2010; Ord. G87-05 § 1, 2005)
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risk 1
1 S61495A
2 STATE OF ILLINOIS )
) SS.
3 COUNTY OF K A N E )
4
BEFORE THE PLANNING AND ZONING COMMISSION
5 OF THE CITY OF ELGIN
6
7 In Re the Matter of: )
B Electronic Message Boards and ) No. 27-12
Other Citywide Sign )
9 Amendments.
10
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13 REPORT OF PROCEEDINGS had at the hearing of
14 the above-entitled matter before the Planning and
15 Zoning Commission of the City of Elgin in the
16 Elgin Municipal Building, Second Floor,
17 150 Dexter Court, Elgin, Illinois, on
18 July 2, 2012, at the hour of 7:00 p.m.
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SONNTAG REPORTING SERVICE, LTD.
sonntagreporting. com - 800 .232 . 0265
2 47,
1 PRESENT:
2 MR. ROBERT SILJESTROM, Chairman;
3 MR. JAY COX, Member;
4 MS. BETH A. KRUGER, Member;
5 MS. EMI MORALES, Member
6 MR. ANTHONY PEDOTE, Member; and
7 MS. LORETTA REVESZ, Member.
8 ALSO PRESENT:
9 MR. MARC MYLOTT, Community Development Director
10 and
11 MR. SAROSH SABER, Planning Manager.
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0.7)
SONNTAG REPORTING SERVICE, LTD.
sonntagreporting.com - 800 .232 . 0265
REPORT OF PROCEEDINGS -- 07/02/2012
ELECTRONIC MESSAGE BOARDS , NO. 27-12
3
1 CHAIRMAN SILJESTROM: Good evening,
2 everyone. The time is seven o'clock, and the
3 Chair calls this meeting of the Planning and
4 Subdivision Commission to order.
5 Secretary, please call the roll.
6 MR. SABER: Mrs. Christine Awe.
7 (No response.)
8 MR. SANER: Mr. Christopher Barry.
9 (No response.)
10 MR. SABER: Ms. Emi Morales.
11 MEMBER MORALES: Here.
(64 12 MR. SABER: Ms. Beth Kruger.
13 MEMBER KRUGER: Here.
14 MR. SANER: Ms. Loretta Revesz.
15 MEMBER REVESZ: Here.
16 MR. SABER: Mr. Jay Cox.
17 MEMBER COX: Present.
18 MR. SANER: Mr. Jack Roder.
19 (No response. )
20 MR. SANER: Mr. Anthony Pedote.
21 MEMBER PEDOTE: Here.
22 MR. SABER: Chairman Robert Siljestrom.
23 CHAIRMAN SILJESTROM: Here.
24 Next item on the agenda is the approval of
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1 the minutes of the June 4th, 2012, meeting.
2 * * * * *
3 CHAIRMAN SILJESTROM: We have on
4 tonight's agenda five items. They involve sign
5 ordinances and regulations, certain building
6 setbacks requirements, and a proposal to erect a
7 historic windmill on a park site.
8 The Commission will follow its usual
9 procedures, and that means hearing from
10 Petitioners, City staff, and the public before we
11 vote.
417)
12 Now let us proceed with the business at
13 hand.
14 The first item is a legal necessity.
15 Anybody that wishes to address any of the
16 petitions tonight must now stand up and be sworn
17 in with the Court Reporter, please.
18 Even if you have just an inkling of the
19 possibility of speaking.
20 (The witnesses were thereupon
21 duly sworn. )
22 THE COURT REPORTER: Thank you.
23 CHAIRMAN SILJESTROM: Okay.
24 The first petition tonight is a text
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1 amendment, electronic message boards along
2 Randall Road and other citywide sign amendments.
3 The Petition number is 27-12, amendment of 19.50,
4 "Street Graphics. "
5 Mr. Mylott, representing the City, will
6 give us a background and a summary of that
7 petition.
8 Mr. Mylott.
9 MR. MYLOTT: Thank you, Mr. Chairman.
10 Good evening.
11 The first item before you, again, is a text
rek
12 amendment, and it's generally broken down into
13 two parts.
14 The first part is a proposal whereby the
15 City would allow electronic changeable copy
16 graphics, more commonly known as LED message
17 boards, within monument graphics along Randall
18 Road, and the second element would give City
19 Council the flexibility to consider unique
20 proposals for graphics when those graphics are
21 proposed in conjunction with unique architecture
22 and/or building placement.
23 So my presentation tonight will generally
24 distinguish the amendment in those two large
E
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1 categories.
2 So, first, let's talk about electronic
3 changeable copy graphics.
4 Currently such graphics are only allowed
5 associated with gas stations or within areas of
6 special character. The allowance for a gas
7 station is an as-of-right provision and requires
8 that, when a gas station wants to make those
9 accommodations, that they bring the associated
10 monument sign in conformance with all applicable
11 rules and regulations.
47)
12 In this manner we -- the City has been very
13 successful in converting several nonconforming
14 pole graphics throughout the city into conforming
15 monument graphics; however, City staff has been
16 facing an increased nuMber of requests for these
17 types of signs, be it because of lower prices and
18 better quality of graphics.
19 And so as part of a presentation at the
20 City Council retreat in April, we outlined a
21 proposal whereby we would take the allowance for
22 additional electronic message board signs in a
23 slower first step, and that slower first step was
24 generally to allow these types of signs along
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1 Randall Road.
2 Staff suggested that, if there was a road
3 with such a distinct character that could absorb
4 any unforeseen potential impacts from a greater
5 number of LED signs or a greater allowance,
6 Randall Road was the arterial that could absorb
7 it, be it the high travel speeds, the existing
8 levels of illumination, little sense of physical
9 enclosure because of wide right-of-way, low
10 density, commercial land uses set far back from
11 the road and with parking lots in front of them,
rm.
12 and less mature vegetation. And this distinction
13 was supported currently by the Zoning Ordinance,
14 which classifies Randall Road as a limited-access
15 arterial, whereas the 26 other larger streets or
16 arterials are afforded a different distinction.
17 So that was the first element of the proposal as
18 it relates to LED signs.
19 The second was to piggyback on the premise
20 that the City Council had previously established
21 for gas signs and require a degree of compliance
22 if someone wanted to make this change.
23 And the proposal in front of you would
24 suggest that, if someone wanted to include an
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1 electronic changeable copy graphic, that all
2 freestanding signs on the site would then have to
3 comply. That would include the sign on which the
4 changeable copy would be installed; that would
5 include directional signs; that would include any
6 sort of other pole signs that happened to be on
7 the site. All of those signs would have to be
8 brought into compliance.
9 The third element was in regards to the
10 rate of change that was required to -- of the
11 messages on these electronic changeable copy
47)
12 graphics.
13 Currently what we say for a gas station is
14 a two-hour rate of change; however, that is --
15 the City has instances where that rate of change
16 has gone down as far as 10 seconds, and the
17 10-second rate of change is what is currently
18 required on several electronic message boards
19 that were approved in the area of special
20 character around Randall Road and I-90.
21 When we're talking about "rate of change, "
22 what we're talking about is the static message
23 that the electronic panel holds.
24 Certainly, there is no scrolling, no flash,
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1 no live-action video, but the premise is not that
2 you get bombarded with a constant flash of static
3 messages. It' s a balancing act of allowing
4 people to see different messages while minimizing
5 the likelihood that a driver might be distracted.
6 IDOT, for roadways and signages that are
7 under their jurisdiction, employs that same
8 10-second rate of change, and citing again the
9 characteristics of Randall Road, staff is
10 recommending a similar 10-second rate of change
11 for electronic message boards along Randall Road.
12 Finally, we needed to establish the
13 allowable size of changeable copy graphics. We
14 didn't feel it was necessary to increase the size
15 of monument graphics along Randall Road, and in
16 most cases for a single user, that size of a
17 monument sign is 80 square feet. Shopping
18 centers are afforded additional size because of
19 multiple users.
20 But we didn't want to increase the overall
21 size of the monument graphics, but at the same
22 ,time, we recognized that there needed to be a
23 minimum size for these message boards to be
24 readable. And so what we were recommending is
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1 that the size of the electronic changeable copy
2 be limited to no more than 50 percent of the
3 associated monument graphic..
4 So this might be a -- Mr. Chairman, if you
5 would, this might be a good place to pause and
6 see if there' s any questions about electronic
7 message boards, or I can go right into the other
8 types of citywide sign amendments.
9 CHAIRMAN SILJESTROM: I think your
10 point is well taken.
11 Ms. Kruger, questions for Mr. Mylott at
12 this point?
13 MEMBER KRUGER: No, not at this time.
14 CHAIRMAN SILJESTROM: Mr. Cox,
15 questions for Mr. Mylott at this point?
16 MEMBER COX: I do not.
17 CHAIRMAN SILJESTROM: Ms. Revesz, any
18 questions for Mr. Mylott at this point?
19 MEMBER REVESZ: No questions.
20 CHAIRMAN SILJESTROM: Ms. Morales?
21 MEMBER MORALES: One question only.
22 This is all conforming with what we have
23 approved already; correct?
24 MR. MYLOTT: It follows the same
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1 principles that we've established, the rate of
2 change, requiring certain signs to be brought
3 into compliance, and things along those lines.
4 So it follows those same principles.
5 MEMBER MORALES: That' s it.
6 Thank you.
7 CHAIRMAN SILJESTROM: Mr. Pedote,
8 your questions for Mr. Mylott at this point?
9 MEMBER PEDOTE: Yes , Mr. Chairman.
10 Marc --
11 MR. MYLOTT: Yes, sir.
12 MEMBER PEDOTE: -- just a couple
13 brief questions.
14 MR. MYLOTT: Sure.
15 MEMBER PEDOTE: You allude to the gas
16 station analysis right now, but the gas stations
17 are only using it to post the price.
18 MR. MYLOTT: Absolutely.
19 MEMBER PEDOTE: They're not
20 actually -- this will be a brand-new situation
21 where we're going to have another sign like
22 The Grove has, where it' s actually going to be a
23 changing banner or a changing sign.
24 MR. MYLOTT: Yes, sir. You' re
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1 exactly right.
2 And that was -- and I'm glad you mentioned
3 that because that was another rationale for using
4 Randall Road as kind of that next increment in
5 considering this technology, is that, in large
6 part, Randall Road has been afforded
7 considerations via the areas of special
8 character, including The Grove and then some of
9 the zoning lots around 1-90.
10 MEMBER PEDOTE: We talked about the
11 rate of speed already and some other things, but
12 I 'm a little concerned because we kind of seem to 47)
13 be becoming a mini Vegas, then, because, when I
14 drive Randall Road from Aurora to Crystal Lake,
15 no one is doing this. You go to Schaumburg and
16 it's not being done.
17 You go to different parts of the country
18 and you don't see this. So we now are
19 introducing, basically, message boards almost at
20 every hundred feet.
21 So my concern is, you know, through your
22 personal experience -- I know that you have an
23 interest in signs --
24 MR. MYLOTT: Yes, sir.
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1 MEMBER PEDOTE: -- where else are
2 they doing this that they're basically making a
3 corridor like this, basically a sign alley?
4 MR. MYLOTT: I'll be perfectly honest
5 with you. We did not go community by community
6 and determine who is allowing electronic message
7 boards, but I can tell you definitively that
B Elgin is not unique in allowing these types of
9 signs.
10 If you'd like, I can -- I'd be happy to do
11 a little additional research or perhaps make that
12 available to City Council when we forward on this
13 item.
14 MEMBER PEDOTE: I would. I just --
15 MR. MYLOTT: Okay.
16 MEMBER PEDOTE: I'm afraid that we're
17 just going to create -- basically, they get to
18 Elgin, and the first thing they're going to be
19 hit with is continuous signs. Because you
20 analogize to gas stations, but the only time gas
21 stations are using it is for posting their price.
22 MR. MYLOTT: You're absolutely right.
23 MEMBER PEDOTE: So, you know, I 'm a
24 little scared how we're going to take this next
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1 step from the prices being changed maybe every
2 two hours to where we're going with this.
3 That's my concern, Chairman.
4 MR. MYLOTT: And I'll be honest with
5 you. I certainly don't take your comments
6 lightly, and that's why we suggested using
7 Randall Road to see how this might play out on a
8 much larger scale.
9 Currently we have the I-90/Randall Road
10 intersection. We have it extending a little bit
11 north up to and including The Grove, but we don't
47,
12 have it along an entire corridor.
13 But, again, if there was a corridor that
14 had a definitely distinct character from any of
15 our other arterials, it's Randall Road, the --
16 again -- the wide rights-of-way, the large
17 openness, the lack of mature vegetation.
18 The signs that will go up -- and in even
19 The Grove, they're not -- and I'm going to use
20 air quotes here -- they're not in your face, and
21 so we feel comfortable in going forward on
22 Randall Road.
23 MEMBER PEDOTE: What is the
24 expectation of staff to when they're going to
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1 review this?
2 When they passed the A-frame sign ordinance
3 for the downtown, Cl, C2, there was an
4 expectation from the citizens of the city that it
5 was going to be tried out downtown and then, if
6 it was successful, it would move forward
7 throughout the city to offer all mom-and-pops a
8 chance to basically advertise and that's never
9 happened.
10 MR. MYLOTT: Okay.
11 MEMBER PEDOTE: So is there an
12 expectation, like a timeline, to, if this works
13 on Randall Road and it' s positive, that then the
14 rest of the businesses in Elgin would be afforded
15 the same opportunities?
16 MR. MYLOTT: I can't speak to any
17 sort of commitments that were made on the parts
18 of A-frames; however, we've communicated to City
19 Council that we fully intend to revisit this with
20 them.
21 However, it's difficult to say exactly when
22 that would be for this reason: If we said,
23 "Well, we'll revisit it within a year" and we
24 have one, maybe two people that install
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1 electronic changeable copy graphics, we really
2 wouldn't be able to fully evaluate the impact.
3 So it' s our intent to do it, but I would --
4 it would be dishonest if I said we're going to
5 absolutely do it in 12 months or 24 months.
6 MEMBER PEDOTE: I 'm just concerned
7 with the businesses that are on Chicago Street,
8 the car dealerships in particular -- you know,
9 different avenues that we have in the city that
10 were once the Randall Road of Elgin -- not being
11 afforded the same opportunities because we' re
12 selective in the fact that only certain
13 businesses -- because now Randall Road's the
14 hotbed -- that we're not giving the same
15 opportunities to mom-and-pops.
16 Because, you know -- and I had the
17 conversation with Mr. Sarosh -- there's 3V' s;
18 there's some businesses in town that already have
19 them -- the Larkin Walgreens.
20 So there' s already an expectation that some
21 people are treated unfairly because some are
22 given the ability to do it and some aren't.
23 MR. MYLOTT: It is certainly not the
24 intent of this amendment to afford some
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1 particular businesses a right that others have
2 because of who they are or whether or not one
3 particular stretch is an economic hotbed versus
4 another. We certainly place high value on all of
5 our businesses.
6 This has to do with the existing community
7 character along those roads being distinct from a
B Chicago Avenue and wanting to make sure that, if
9 we do go forward with something, that we do so
10 eyes wide open.
11 MEMBER PEDOTE: Thank you.
eisk
12 MR. MYLOTT: Sure.
13 CHAIRMAN SILJESTROM: Now, anyone in
14 the audience wish to comment or give us a thought
15 with regard to the material that we have
16 considered at this point?
17 (No response. )
18 CHAIRMAN SILJESTROM: Mr. Mylott has
19 more to discuss with us, but we are now looking
20 at just what he has presented thus far.
21 Anyone have a comment on it, thought, or an
22 idea?
23 (No response. )
24 CHAIRMAN SILJESTROM: Let the record
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1 show that no one appeared.
2 Mr. Mylott, would you proceed, sir.
3 MR. MYLOTT: Yes, sir. Thank you.
4 The second part of my presentation in
5 regards to amendments to the sign code is a
6 result of coincidence.
7 As we were considering the changes that
8 would be required to the sign ordinance related
9 to the electronic changeable copy graphics, about
10 that time -- about that time we started to work
11 with a development team on the placement of a
A7)12 restaurant for Portillo's Hot Dogs, and that
13 development team proposed a unique architecture,
14 a unique building placement, and associated with
15 that, a unique sign proposal that, quite frankly,
16 our Zoning Ordinance, our sign ordinance, wasn't
17 equipped to respond well to.
18 And so a later item on your agenda tonight
19 will be the actual development proposal for a
20 Portillo's restaurant at the southwest corner of
21 Bowes and Randall Road; however, before that can
22 be considered by City Council, we need to put in
23 place some allowances for City Council to make
24 those decisions.
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1 Most of those decisions that will be put
2 forth to City Council will be on a case-by-case
3 basis in response to a specific planned
4 development application or a development plan
5 that is required of a planned development
6 application.
7 However, there are a couple of changes that
8 we believe will be -- should be allowed for all
9 applicants in all situations and not necessarily
10 have to go through that extra step, and I'll
11 distinguish those as we work our way through.
12 The first is the notion of a nostalgic wall
13 graphic. If you are familiar with the Portillo' s
14 restaurants at all, you know that they have the
15 faded wall graphics that are to suggest a
16 roadside sign that has been there for decades,
17 weathered by the -- weathered by the elements.
18 That is actually a painted-on graphic that is
19 then distressed and finished out and rubbed out,
20 made to look old.
21 The Zoning Ordinance doesn't permit painted
22 wall graphics at all, and so what this text
23 amendment would do would be to allow City Council
24 the ability to look at these, on a case-by-case
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1 basis when they are of this nostalgic
2 architectural treatment, and not count these wall
3 graphics against the allowable number and size of
4 signage.
5 The second part relates to additional wall
6 graphics where you have buildings with more than
7 two street frontages.
8 Currently the Zoning Ordinance says that,
9 for every occupant on the ground floor, you're
10 allowed two wall graphics and then one wall
11 graphic on the back. This -- the Zoning
12 Ordinance also says that, where you have roof
13 graphics, those count as wall graphics.
14 The Portillo's restaurant that we were
15 looking at, because of their unique placement,
16 proposed a unique architectural feature that
17 lined up and gave -- and served as a terminus to
18 the vista coming off of the corner of Bowes and
19 Randall and proposed a similar architectural
20 extremity over their southern entrance, the main
21 entrance to that building; however, because there
22 was signage incorporated, the Zoning Ordinance
23 would count those as wall graphics.
24 Similarly, because of the way in which the
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1 building was placed, it had a high visibility
2 from three sides of two arterial streets,
3 whereas, at best, a Zoning Ordinance that -- I'm
4 sorry -- a building that had a traditional
5 placement on a corner would have two.
6 Another unique element of this proposal was
7 that this was an outlot of a shopping center, and
8 so the back entrance required a degree of
9 identification for users within the shopping
10 center, and you'll see later the great extent to
11 which Portillo's took to incorporate pedestrian
12 orientation and bicycle orientation and move
13 people actually within the shopping center.
14 So we go from a scenario whereby the Zoning
15 Ordinance lets you have, at best, three wall
16 graphics to a situation where, because of a
17 unique response to a corner -- i.e. , the unique
18 placement of a lot, the unique placement of a
19 building, and that lot being within a shopping
20 center -- Portillo' s having a request for seven
21 wall graphics, five of which were actually
22 graphics put on the wall, two of which are roof
23 graphics.
rik24 So what this -- what the Zoning Ordinance
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1 would do would set up a scenario whereby, again,
2 the City Council could look at these on a
3 case-by-case basis and in part with a planned
4 development or as a planned development -- a
5 development plan required with a plan development
6 approval -- where they could say that you could
7 have two additional wall graphics where your
8 building was oriented to more than two street
9 frontages, and then wall graphics, when they were
10 incorporated with unique architectural features,
11 would not count as wall graphics.
12 The third part of the allowances that City
13 Council would consider on a case-by-case basis
14 were to allow graphics to extend above the main
15 line of the roof. Currently we don't allow roof
16 graphics to do that.
17 And then, finally, the Zoning Ordinance
18 does not permit the outlining of any building
19 features, and Portillo's was proposing to outline
20 with LED tube lighting their sign band.
21 So, again, this would allow City Council,
22 as part of a planned development or a development
23 plan approval, to consider that in conjunction
24 with those applications.
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1 Finally, the last two proposals would be --
2 would be as-of-right provisions. People would
3 have to comply with them or could take advantage
4 of these allowances regardless of whether they
5 were submitting a sign plan as part of a permit
6 or as part of an extraordinary zoning relief
7 package, and that is regarding directional
8 graphics.
9 Currently staff must regularly explain to
10 applicants that, just because you have a
11 directional sign stuck on top of a pole, that
12 that is still an unlawful pole graphic and that
13 we're required to have directional signs be
14 monument graphics.
15 However, in so doing, the de minimis amount
16 of square footage that is afforded a directional
17 graphic -- which in some cases is 2 square feet,
18 at best 4 square feet -- when you put that on a
19 monument high enough to be visible, most of your
20 allowance gets consumed with base, and there's
21 actually very little for your enter sign, your
22 exit sign, your drive-through sign.
23 So what staff would propose is that the
24 allowance of 2 square feet or 4 square feet be
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1 kept in place. We would simply put a height
2 limit on directional graphics of no taller than
3 3 square feet and that they have to be on the
4 base, and then that would keep them out of the
5 sight visibility and have them treated like all
6 other monument graphics.
7 Finally, we have a limitation with our
8 Zoning Ordinance that a menu board cannot be any
9 larger than 50 square feet.
10 However, what Portillo' s is proposing is a
11 combined menu board that actually serves two
12 drive-through lanes from one menu board.
13 So much like we had with the Planning and
14 Zoning Commission considering with the Shell
15 gasoline station and the shopping center sign
16 just a month or so ago where they were proposing
17 to combine those signs into one sign, this would
18 allow someone to make extraordinary
19 accommodations and have one slightly larger
20 sign -- we're only talking about 10 square feet
21 more than what you could have or 2 feet by
22 5 feet -- when those menu boards were served by
23 two lanes or more.
24 So that concludes the part of this
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1 presentation that centers on the changes to the
2 text of the Zoning Ordinance, the sign ordinance,
3 which would allow Portillo' s to make, in most
4 cases, a presentation to City Council seeking
5 their approval.
6 CHAIRMAN SILJESTROM: Mr. Mylott, you
7 have presented us with a significant amount of
8 technical detail. Personally, I think you've
9 done an outstanding job of doing that.
10 MR. MYLOTT: Thank you, sir.
11 CHAIRMAN SILJESTROM: Could you
12 quickly summarize the intent of the City for
13 presenting the particular proposal, summarize it
14 for us.
15 MR. MYLOTT: Absolutely.
16 Overall, the intent is to give City Council
17 the flexibility to respond to unique proposals
18 for graphics when presented with unique
19 architectural configurations or -- and/or unique
20 building placements and/or lots that are --
21 require different considerations.
22 Currently our Zoning Ordinance doesn't give
23 City Council that flexibility, so that's the
24 overall -- that's the overall impetus behind this
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1 proposal, is to allow City Council to consider
2 those unique situations on a case-by-case basis.
3 CHAIRMAN SILJESTROM: Would it be
4 fair to say, then, that City staff wants to give
5 City Council the authority to make changes in the
6 regulations regarding signs as they come up and
7 as they develop?
8 MR. MYLOTT: Definitely, yes, sir.
9 And give them those -- give them that
10 opportunity when presented with unique
11 circumstances, not simply across the board.
4111)
12 CHAIRMAN SILJESTROM: Ms. Morales,
13 your questions for Mr. Mylott.
14 MEMBER MORALES: Not at this time.
15 CHAIRMAN SILJESTROM: Okay.
16 Mr. Pedote, your questions for Mr. Mylott
17 at this time.
18 MEMBER PEDOTE: Thank you,
19 Mr. Chairman.
20 Just -- Marc --
21 MR. MYLOTT: Yes.
22 MEMBER PEDOTE: -- a couple quick
23 questions.
24 I'm going to ask you to do similar to what
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1 you just did. I wanted to ask you about the
2 nostalgic signs first.
3 MR. MYLOTT: Yes, sir.
4 MEMBER PEDOTE: My understanding
5 is -- I 've been through Portillo's -- and we've
6 had this conversation -- they advertise
7 Coca-Cola.
8 MR. MYLOTT: True.
9 MEMBER PEDOTE: That' s also a product
10 they have.
eik 11 MR. MYLOTT: True.
12 MEMBER PEDOTE: So they're actually
13 advertising, simply by having a neon sign in the
14 window, of a product they actually sell . So it
15 goes a little bit farther than being nostalgic,
16 to be actually something they sell, so it's an
17 advertisement.
18 So I get a little worrisome because I know
19 they don't have to put these on the outside of
20 walls. We didn't allow it for other businesses,
21 and I just -- I get really scared. If we allow
22 it for them, then we have to allow it for
23 everyone.
24 And it might be a case-by-case, but it' s
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1 going to be a permissible -- it' s conditional so
2 it will be a permissible use coming before
3 Council, but we can't be selective. So we are, I
4 think, kind of opening Pandora's box a little bit
5 by extending that.
6 And, you know, if you worked with
7 additional wall graphics to buildings with more
8 than two street fronts, in reality, this
9 Portillo's -- I'm calling this -- we've had
10 conversations. This is the Portillo's amendment.
11 Portillo's doesn't have two streets because
12 the back side is -- it's a planned development.
13 These those streets -- they're not public
14 streets. That's a private property.
15 So if we create this, we'd be allowing for
16 additional graphics to the back side that's
17 private property. It' s synonymous of some of the
18 buildings in downtown Elgin who only have two
19 street fronts. They, too, should be entitled to
20 have the ability to advertise on the back side of
21 the building that faces their neighbors.
22 MR. MYLOTT: The distinction that we
23 made here was that it's not two street frontages;
24 it's the number of building facades, and I
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1 apologize if I didn't make that clear in my
2 presentation.
3 MEMBER PEDOTE: Okay.
4 MR. MYLOTT: It' s the -- it's the
5 orientation of the building on a 45-degree angle
6 to the corner that essentially puts the -- I 'm
7 going to test my compass skills here -- that
8 essentially puts the northwest, northeast, and
9 southeast facades facing a -- facing street
10 frontages, where, traditionally, if a building
11 was oriented at that corner, you would have the
(00P.
12 north and the east facades facing street
13 frontages.
14 So I apologize if I didn't make that clear
15 in my presentation.
16 MEMBER PEDOTE: Now, correct me
17 because you've been out to this site, as I have.
18 If they put the monument sign where they're
19 proposing, up at the corner at Bowes Road, you
20 know, they put the monument sign on the one side,
21 if they still stay within what we already allow
22 now,• their two back signs, their building signs,
23 can actually face the Sam's and Bowes side road
24 because it can be on the back side of the
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1 building.
2 So they could technically advertise almost
3 all sides of the building.
4 MR. MYLOTT: The monument sign that
5 they're proposing is not in that landscaped
6 triangle at the corner. They're actually
7 proposing to put it further south, almost towards
B the far southeastern corner of the property, down
9 along Randall Road.
10 MEMBER PEDOTE: And then, you know, I
11 just get concerned -- correct me if I 'm wrong,
12 but weren't we outlining buildings -- we 417)
13 currently have a car dealership on Villa Street
14 that does it in red, white, and blue -- I think
15 it's Red' s Autos.
16 MR. MYLOTT: Okay.
17 MEMBER PEDOTE: And it just gets a
18 little scary that we're going to -- similar to
19 the previous conversation about the previous text
20 amendment portion -- is we're going to become a
21 mini Vegas.
22 I mean,. is this something that you -- you
23 have a lot of experience, but I'm concerned that
24 we're going to start doing this to all our
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1 buildings. Next it will be the Tower Building.
2 You know, how far do we really want to open this
3 can of worms?
4 MR. MYLOTT: Well, we --
5 CHAIRMAN SILJESTROM: Excuse me,
6 gentlemen. But isn't this one of the issues here
7 that's going to -- these decisions are being
8 referred to City Council --
9 MR. MYLOTT: Yes, sir.
10 CHAIRMAN SILJESTROM: -- rather than
11 to someone from the zoning department that
12 handles that?
13 MR. MYLOTT: You took the words right
14 out of my mouth.
15 There were -- the majority of the changes
16 that we're proposing to the sign ordinance put
17 the final decision in the hands of City Council
18 subject to some guidance.
19 For example, with the outlining of certain
20 building features, we're only talking about sign
21 bands.
22 And I know that Chicago Street is its own
23 area of special character, so that may already
24 be -- and I'll be perfectly honest. I'm not
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1 100 percent familiar with the special provisions
2 afforded the car dealerships along Chicago
3 Street, but that may be already an allowance that
4 is afforded them.
5 I'd have to double-check.
6 MEMBER PEDOTE: This is actually on
7 Villa Street. But you're right.
8 MR. MYLOTT: Okay.
9 MEMBER PEDOTE: We've had one so how
10 is it being received? You're in the best boat to
11 know what other complaints there may have been
4111)12 already issued with what we already have in
13 place, so it' s synonymous to that.
14 MR. MYLOTT: Right. And we have --
15 we currently have another use that does something
16 similar. The . . . the hot dog restaurant on
17 Larkin has LED outlines of their sign bands, as
18 well, just past the intersection with Walgreens,
19 right around -- right in there by Gus' Tailor
20 Shop, 1700 block.
21 So we do have one, and I'm not aware of any
22 . complaints, at least in the almost two years that
23 I 've been here, about outlining of --
24 MEMBER PEDOTE: I just have one brief
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1 question.
2 CHAIRMAN SILJESTROM: One more,
3 please.
4 MEMBER PEDOTE: Is -- what do you
5 call it? -- and I -- this is the one -- I'm not
6 only familiar with the development, but I'm
7 familiar with Portillo's also having a vehicle, a
8 delivery vehicle, that can be placed on the
9 parcel, as well, and it's wrapped.
10 How do we treat that in relation to this --
11 you know, the sign ordinances?
12 I know there's multiple businesses in town
13 that have vehicles like Portillo's. And how does
14 that go as far as in relation to the sign
15 ordinance or -- you know, are we granting all
16 these and they're going to have an additional
17 sign by the very nature of the vehicle?
18 I think a perfect example would probably be
19 Mr. C' s on the east side has a vehicle.
20 MR. MYLOTT: That one caught me off
21 guard. If you give me one second, I 'll find that
22 out for you.
23 MEMBER PEDOTE: Thank you.
24 MR. MYLOTT: Thank you for the time
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1 to look that up.
2 The Zoning Ordinance says that the
3 following graphics are exempt from the
4 regulations of this chapter -- being the "Street
5 Graphics" chapter -- and are not required to
6 obtain a permit.
7 "Graphics posted on sides of vehicles,
8 either permanently or temporarily. The vehicle
9 shall be licensed, insured, and operational and
10 shall be used for the regular operation of the
11 occupant's activity at the premises where the
47)
12 vehicle is located. A vehicle graphic shall not
13 be used principally to display graphics relating
14 to the occupant' s activity on the premises in
15 which the vehicle is located. "
16 So if, for example, we went out there and
17 chalked a tire and came back a week later and
18 that vehicle hadn't moved, that would not
19 comply -- that would not be what this Zoning
20 Ordinance envisions by exempting a vehicle.
21 On the other hand, what it does envision is
22 a delivery vehicle that goes back and forth,
23 U-Haul vehicles where you have the -- the
24 graphics that change according to the different
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35
1 states, and those you see change coming and
2 going.
3 That's the intent of this exemption under
4 the sign ordinance.
5 MEMBER PEDOTE: Thank you.
6 MR. MYLOTT: You're welcome.
7 CHAIRMAN SILJESTROM: Ms . Kruger,
8 your questions or comments for Mr. Mylott.
9 MEMBER KRUGER: No questions at this
10 time.
11 CHAIRMAN SILJESTROM: Mr. Cox.
12 MEMBER COX: I just have one comment,
13 and this was regarding the last page of the staff
14 packet, page 5 of 5.
15 I say, while no offense is intended to
16 sitting or past Council persons, I do take issue
17 with a political body, such as the Council, being
18 the first and also final reviewing and approving
19 agency.
20 And I do want to say that, if Points 3 and
21 4 of the staff packet, both comments starting
22 with "Will provide City Council," are part of our
23 motion tonight, I will be voting no.
24 CHAIRMAN SILJESTROM: Ms. Revesz,
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36
1 your comments, your thoughts.
2 MEMBER REVESZ: I was just wondering
3 if, under a case-by-case basis, each of these
4 planned developments will still have to present
5 their signage and everything to the Zoning
6 Commission for approval and everything and
7 recommendation. Correct?
8 MR. MYLOTT: Absolutely. In fact,
9 that sign package comes to this body for a
10 recommendation and then on to City Council, so it
11 does have a process similar to what Portillo's
47)
12 will be going through later tonight.
13 MEMBER REVESZ: Okay. Thank you.
14 CHAIRMAN SILJESTROM: Mr. Cox, do you
15 have something in addition?
16 MEMBER COX: I guess I did want to
17 clarify, then.
18 I didn't understand that, as part of this,
19 that was part of the application package.
20 MR. MYLOTT: Yes, sir. And my
21 apologies if that wasn't clear.
22 Whenever I used .the phrase "as part of a
23 development plan approval" or "as part of a
24 planned development, " I had intended to suggest
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37
1 that that was the normal process through which
2 those applications would go, an application to
3 staff, staff review it for completeness,
4 publication in the newspaper, signs put up,
5 mailings sent out, review by this Board for a
6 recommendation, and that recommendation being
7 forwarded on to City Council.
8 MEMBER COX: Then that' s more
9 palatable, in my opinion.
10 MR. MYLOTT: My apologies.
11 CHAIRMAN SILJESTROM: Anyone in the
12 audience who wishes to comment on Mr. Mylott or
13 give us a thought, idea on the second part of
14 Mr. Mylott's presentation?
15 (No response. )
16 CHAIRMAN SILJESTROM: Again, let the
17 record show no one appeared.
18 All right. Moving ahead in the process, we
19 have before us a petition, 27-12 . The Chair
20 wishes to entertain a motion to approve that
21 petition.
22 MEMBER MORALES: I move to recommend
23 that City Council approve Petition 27-12 subject
24 to conditions outlined within our packet and to
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38
1 adapt as the findings of the Commission those
2 findings also listed.
3 MR. MYLOTT: Thank you.
4 CHAIRMAN SILJESTROM: Is there a
5 second?
b MEMBER REVESZ: Second.
7 CHAIRMAN SILJESTROM: Any discussion
8 that we haven't heard?
9 (No response. )
10 CHAIRMAN SILJESTROM: Secretary,
11 please call the roll.
12 MR. SABER: Ms. Morales.
13 MEMBER MORALES: Yes.
14 MR. SABER: Ms. Kruger.
15 MEMBER KRVGER: Yes .
16 MR. SABER: Ms. Revesz.
17 MEMBER REVESZ: Yes.
18 MR. SABER: Mr. Cox.
19 MEMBER COX: Yes.
20 MR. SABER: Mr. Pedote.
21 MEMBER PEDOTE: No.
22 MR. SABER: Chairman Siljestrom.
23 CHAIRMAN SILJESTROM: Yes.
24 What' s the final tally, Mr. Secretary?
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39
1 MR. SAHER: The motion passes; 5 yes,
2 1 no.
3 CHAIRMAN SILJESTROM: Okay. That
4 will be our recommendation to City Council.
5 This concludes our consideration of 27-12.
6 (Which were all the proceedings
7 had in the above-entitled matter
8 at the hour of 7:36 p.m. )
9
10
it
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1 STATE OF ILLINOIS )
) SS.
2 COUNTY OF DU PAGE )
3
4 I, MELANIE L. HUMPHREY-SONNTAG,
5 Certified Shorthand Reporter No. 084-004299, CSR,
6 RDR, CRR, FAPR, and a Notary Public in and for
7 the County of DuPage, State of Illinois, do
8 hereby certify that I reported in shorthand the
9 proceedings had in the above-entitled matter and
10 that the foregoing is a true, correct, and
11 complete transcript of my shorthand notes so
12 taken as aforesaid.
13 IN TESTIMONY WHEREOF I have hereunto set my
14 hand and affixed my Notarial Seal this 5th day of 41111)
15 July, 2012.
16 6.31<<s•
17 a _3_
18 ", Certified Sh and Reporter
Registered Diplomate Reporter
19 Certified Realtime Reporter
Fellow of the Academy of
20 Professional Reporters
21
My commission expires
22 March 9, 2014Lxu �EysONNtAG
2 3 NOTARY PUB"'STAME F 12014
My COMMISSION EXPIRES
24
4")
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