G48-14 Ordinance No. G48-14
AN ORDINANCE
ESTABLISHING SPECIAL REGULATIONS FOR STREET GRAPHICS
WITHIN A PORTION OF THE RANDALL ROAD/I-90 AREA OF SPECIAL CHARACTER
(Lot 6 and Lot 7-Capital Corporate Center)
WHEREAS, written application has been made to add the property commonly known as
Capital Corporate Center into the Randall Road/I-90 of special character; and
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, in its Ordinance No. G47-14, has designated the property
commonly referred to as Capital Corporate Center, and further described in Section 1 of said
ordinance as part of the Randall Road/I 90 Area of Special Character (the "Randall Road/I 90
Area of Special Character") pursuant to Section 19.50.105; and
WHEREAS, written application has been made to adopt special regulations for street
graphics on the property commonly referred to as Capital Corporate Center, those regulations
being further described in Section 1 of this ordinance as part of the Randall Road/I 90Area of
Special Character; and
WHEREAS, the Planning & Zoning Commission held a public hearing concerning
adding the property at Capital Corporate Center into the Randall Road/I-90 Area of Special
Character and concerning the proposed special regulations and has submitted its written findings
and recommendation that the subject property be added to the Randall Road/I-90 Area of Special
Character and that the special regulations for street graphics be granted; and
WHEREAS, the City Council has previously determined that the Randall Road/I 90 Area
of Special Character has unique characteristics including the area's location, topography and
being adjacent to U.S. Interstate 90; and
WHEREAS, the City Council further finds that the location and use of the subject
property as a commercial and industrial subdivision, 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 subject property are consistent with
the unique character and unique use of the Randall Road/I 90 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 subject property's portion of the Randall Road/I 90 Area of Special
Character.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. The following Special Regulations for Street Graphics for the Capital
Corporate Center portion of the Randall Road/I 90 Area of Special Character, such property
being legally described in the Ordinance Amending Chapter 19.50 of the Elgin Municipal Code,
1976, as Amended, entitled "Street Graphics," Regarding the Randall Road/I-90 Area of Special
Character (Capital Corporate Center), Ordinance No. G47-14 (the "Subject Property"), be and
are hereby granted and approved pursuant and subject to the following terms and conditions:
1. Compliance with the graphics exhibit entitled "ABCP Investments c/o Peter
Bozos" prepared by Parvin-Clauss Sign Company, dated June 24, 2014, attached hereto
as Exhibit 1 (such plan is hereinafter referred to as the "Subject Special Sign District
Plan"). Pursuant to the Subject Special Sign District Plan, one double-faced light
emitting diode (LED) electronic changeable copy graphic (the "Special Sign") and
depicted as Option B of Exhibit 1, shall be permitted on the Subject Property in the
location as set forth in paragraph 3 below. Notwithstanding the foregoing, the graphic
that is ultimately installed may, at the request of the applicant, depart from the Special
Graphics Regulations of the Planned Development in the following respects: (i) it may be
less than 20 feet in height; (ii) it may be less than 10 feet in width; (iii) it may be of a
color other than white; and (iv) it may have such overall design / style attributes as
approved by the development administrator.
2. At the election of its owner, the light emitting diode (LED) electronic display
panel on the sign may initially be constructed and/or from time-to-time replaced with
static (no-LED) sign faces containing the names, logos and messages of tenants within
Capital Corporate Center subdivision and with a maximum surface area not to exceed
200 square feet and 20 feet in height.
3. The Special Sign shall be installed only at a location within the strip of land of the
Subject Property depicted on Exhibit 1 attached hereto. The Special Sign may be
constructed on a berm which is not higher than thirty-six inches above the surrounding
average grade and landscaped in an area equal to no less than 2.5 times the surface area
of the graphic.
4. The graphic shall be oriented in such a manner as to create minimum negative
impact to the greatest extent possible on residential property in the vicinity.
5. The light emitting diode (LED) electronic display panel included as part of the
sign shall also 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.
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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. 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 or maximum brightness of the light emitting diode (LED)
electronic display panel 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. The light emitting diode (LED) electronic
display panel shall include an ambient light meter at a programmable or
manual dimming capacity.
e. The square footage of the light emitting diode (LED) electronic message
center shall not exceed 90 square feet or 45% of the overall surface area of
the graphic, whichever is less. An LED electronic display panel shall be
permitted to be installed on both sides of the graphic.
f. The light emitting diode (LED) electronic changeable copy graphic, as
well as all other street graphics within the Subject Property shall not be
operated, in whole or in part, as an Off Premises Street Graphic.
g. The light emitting diode (LED) electronic display panel shall display
Images limited solely and only to displaying in text the names, logos and
messages of the companies, one at a time, then currently owning or
occupying the Subject Property as a bona fide full time and year round
owner or tenant on the Subject Property.
h. In the event of any conflict between the standards for the light emitting
diode (LED) electronic display panel as provided for in this Subsection 5
and the provisions within the Subject Special Sign District Plan, the
provisions of this Subsection 5 shall supersede and control.
6. The owner shall be permitted to obtain any required building and zoning permits
to modify the following attributes of the graphic without requiring further amendment to
the annexation agreement or amendment to this ordinance:
a) Re-location of the graphic within the area specified on Exhibit 1 attached
hereto.
b) Position and dimensions of the electronic display panel within the overall
graphic as long as the surface area of such panel does not exceed 90
square feet or 45% of the overall surface area of the graphic.
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7. In the event of any conflict between the special regulations for the Subject
Property as provided herein, 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 the Subject Property as contained herein shall supersede and control.
8. With the sole exception of the Special Sign (i.e., the light emitting diode (LED)
electronic changeable copy graphic described in paragraph 1 or the non-electronic
graphic described in Paragraph 2 of this section as authorized in this ordinance), all other
street graphics on the Subject Property shall comply with the provisions of Chapter 19.50
of the Elgin Municipal Code, 1976, as amended, entitled "Street Graphics".
Section 2. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law.
LlirAlL. _ i .
David J. a''in, ► ayor
Presented: September 10, 2014
Passed: September 10, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: September 10, 2014
Published: September 12, 2014 f 'l,;,A,F
�p85FLUMp�S\
Attest. '� yQ
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_Kimberly Dewis, Ci Clerk =: �;.to `
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Findings of Fact Planning & Zoning Commission
Petition 23-14 July 7, 2014
F. Draft Ordinance
G. Related Correspondence
BACKGROUND
The applicant proposes to install a 20'x10' electronic changeable copy graphic in an area located at the rear
of Lots 6 or 7 facing Interstate-90. The graphic will contain an LED electronic display panel proposed at
approximately 28 square feet in surface area. The graphic will be used to depict the information about the
subdivision to attract retail,hotel or office users on Lots 6 and 7. Electronic changeable copy graphics are
only permitted on zoning lots with frontage along Randall Road, or within areas of special character,
established for the purpose of providing appropriate flexibility through the adoption of special regulations
for these street graphics.
The applicant has concurrently requested approval of a text amendment to the zoning ordinance to include
the subject property within an area of special character, and herein requests approval of the special
regulations that will govern the location, design and operation of the electronic changeable copy (LED)
graphic. These special regulations can only be approved through the amendment of the Planned
Development.
The applicant is also requesting an alternative option of constructing the sign without the provisions of an
electronic display panel.If constructed in such manner,the graphic will be designed to contain panels with
names of up to six tenants on lots within the subdivision in addition to the name of the subdivision.
The applicant is not proposing any further modification to the regulations contained within the planned
development ordinance.
FINDINGS OF FACT
After due notice, as required by law, the Planning & Zoning Commission held a public hearing in
consideration of Petition 23-14 on July 7,2014.The applicant testified at the public hearing and presented
documentary evidence in support of the application.The Community Development Department submitted a
Planned Development Review dated July 7,2014. The following are the findings of the Planning&Zoning
Commission on the special regulations for an electronic changeable copy graphic.
A. Site Characteristics Standard. The suitability of the subject property for the intended zoning
district with respect to its size, shape, significant natural features (including topography,
watercourse and vegetation), and existing improvements.
Findings. Lots 6 and 7 on which the sign is proposed to be installed are irregularly shaped and
contain approximately 3.7 and 1.9 acres respectively.The lots are located at the southwest corner of
the intersection of Interstate 90 and Randall Road and are currently unimproved. The subject
property is located adjacent to the Randall Road/Interstate-90 Area of Special Character. The
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Findings of Fact Planning & Zoning Commission
Petition 23-14 July 7, 2014
subdivision is improved with a one story multiple-tenant office building on Lot 1 and a three-story
hotel on Lot 5.
B. Sewer and Water Standard. The suitability of the subject property for the intended zoning district
with respect to the availability of adequate municipal water, wastewater treatment, and storm water
control facilities.
Findings. The property is served with municipal sanitary sewer and water services.
J. Traffic and Parking Standard. The suitability of the subject property for the intended zoning
district with respect to the provision of safe and efficient on-site and off-site vehicular
circulation designed to minimize traffic congestion.
Findings.The subject property has frontage along the Northwest Tollway(Interstate-90). There is
no direct access from the subject property to Interstate -90.
Access to the property and remaining lots within the subdivision is provided from the south via
Capital Street and from the west via Mason Road. Capital Street is a local street which serves the
industrial subdivisions within this area.Mason Road is a collector street that connects the industrial
subdivisions in this area to Tyrell Road,a minor county arterial highway and the communities to the
west.
The properties are in close to proximity to Randall Road and Interstate-90 located to the east and
north of the subdivision respectively.Randall Road is an arterial road that serves the communities to
the north and south of Elgin.Interstate-90 is a limited access interstate highway connecting Elgin to
communities within the Chicagoland area and northern Illinois.
D. Zoning History Standard. The suitability of the subject property for the intended zoning district
with respect to the length of time the property has remained undeveloped or unused in its current
zoning district.
Findings. The subject property was annexed to the city as part of the Capital Corporate Center
annexation in 2006 and zoned PORI Planned Office Research Industrial District
In 2009,the annexation agreement and planned development ordinance were amended to permit the
establishment of a skilled nursing facility restricted to physical rehabilitation on Lot 2 of the
subdivision.
E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the
intended zoning district with respect to consistency and compatibility with surrounding land use and
zoning.
Findings. The areas to the northwest and west of the subdivision are zoned farming in
unincorporated Kane County, and are in agricultural use. The property immediately to the west of
the subdivision is in the process of being reviewed for annexation to the city and is proposed to be
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Findings of Fact Planning& Zoning Commission
Petition 23-14 July 7, 2014
zoned within a PORI Planned Office Research Industrial District. Final adoption of an annexation
agreement and planned development ordinance is pending approval.
The single family residences located to the immediate north of the subject property across Mason
Road are located in unincorporated Kane County.
The area to the immediate south and southeast are zoned ORI Office Research and Industrial District
and is known as the Westfield Business Park.
The Northwest Tollway is located to the northeast and east of the subject property.
F. Trend of Development Standard. The suitability of the subject property for the intended zoning
district with respect to consistency with an existing pattern of development or an identifiable trend
of development in the area.
Findings. The subject property is located at the intersection of the Intersate-90 and Randall Road
corridors, which are developing as major business and industrial corridors.
G. Planned Development Districts Standard. The suitability of the subject property for the intended
zoning district with respect to conformance to the provisions for the purpose and intent, and the
location and size of a zoning district.
The purpose of the PORI planned office research industrial district is to provide a planned industrial
environment that fosters a sense of place and destination within a coordinated campus or park
setting,subject to the provisions of chapter 19.60 of this title.A PORI zoning district is most similar
to, but departs from the standard requirements of the ORI zoning district.
In general, the purpose and intent of the provision for planned developments is to accommodate
unique development situations. The applicant is requesting approval of graphics allowed as part of
an area of special character. An area of special character provides appropriate flexibility in the
regulation of street graphics through adoption of special regulations for these areas that can depart
from the regulations contained within the street graphics ordinance. These special regulations can
only be approved through amendment of the planned development.
H. Comprehensive Plan Standard. The suitability of the subject property for the intended zoning
district with respect to conformance to the goals, objectives, and policies of the official
comprehensive plan.
Findings. The property is designated as "Office/Research/Industrial" in the adopted Elgin
Comprehensive Plan and Design Guidelines. The office/research/industrial land use designation
provides for a wide range of business uses and limited commercial service uses to support the
employment area.
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Findings of Fact Planning & Zoning Commission
Petition 23-14 July 7, 2014
Natural Preservation Standard. The suitability of the subject property for the intended planned
development with respect to the preservation of all significant natural features including
topography, watercourses, wetlands, and vegetation.
Findings. The subject property does not contain any significant vegetation.
J. Internal Land Use Standard. The suitability of the subject property for the intended planned
development with respect to the land uses permitted within the development being located,designed,
and operated so as to exercise no undue detrimental influence on each other or on surrounding
property.
Findings. No evidence has been submitted or found that the proposed amendment to the planned
development will be located,designed,or operated in a manner that will exercise undue detrimental
influence on itself or surrounding property. The proposed graphic is proposed to be located on the
easterly end of Lots 6 and 7 to project its message to traffic on Interstate-90 and away from the
residential properties to the north of the subdivision that face Mason Road.The graphic as proposed
will be set to reduce its illumination during the night-time hours to reduce the amount of glare
produced by the electronic display panel towards traffic on the interstate highway and surrounding
property.
STANDARDS FOR AREAS OF SPECIAL CHARACTER
The Planning & Zoning Commission has made the following findings concerning the Areas of Special
Character:
A. Area Characteristics: The suitability of the subject property for the intended area of special
character with regard to the unique and particular characteristics of the area including its location,
size, shape, significant natural features, including topography, water courses and vegetation, the
nature of adjoining public rights of way, and architectural, historic or scenic features.
Findings. The property is located along Interstate-90,a limited access interstate which is a unique
public right-of-way with respect to the high speed and volume of vehicular traffic handled on a daily
basis.The special graphic proposed for the property is directed to the vehicle users on this section of
highway.
The property is located immediately east of the already established Randall Road/Interstate-90 Area
of Special Character requests inclusion within this area.
B. Use Characteristics: The suitability of the subject property for the intended area of special
character with regard to the existing or proposed use of the area along with specified unique
challenges and demands such that the street graphics ordinance cannot adequately regulate street
graphics for such use in such area.
Findings: The existing uses within the area would benefit from the use of special graphics due to the
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Findings of Fact Planning & Zoning Commission
Petition 23-14 July 7, 2014
unique challenges and demands such that the street graphics ordinance cannot adequately regulate.
The subdivision is developed with a one story multiple-tenant office building on Lot 1 and a three-
story hotel on Lot 5. The remaining lots within the subdivision are currently vacant. The lots on
which the sign is proposed to be installed—Lots 6 and 7 stand to benefit from the messages that an
electronic changeable graphic can project to potential buyers and developers traveling past the
property along Interstate-90 and facilitate the marketing of the lots.
C. Special Regulations: The suitability of the subject property for the intended area of special
character with regard to special regulations that are consistent with the unique character and
unique use of the area, and for which departures from the street graphics ordinance, if any, are
specifically limited to address the unique and particular characteristics and use of the proposed
area.
Findings: The special regulations proposed for the area of special character are consistent with the
unique use of the area, and for which departures from the street graphics ordinance, if any, are
specifically limited to address the unique and particular characteristics and use of the proposed area.
The street graphics ordinance limits the use of electronic display panels only to properties with
frontage along Randall Road and the portion of Rt 31 north of Interstate-90. An area of special
character provides for the use of these special graphics in remaining areas of the community.
The proposed graphic will contain an electronic display panel that will only contain messages related
to lots within the subdivision.The images,displays or messages of any type will be static,without
any movement or motion.Images are proposed to be displayed for a time interval of 10 seconds.The
intensity of the graphic will be lowered during the night time.
Only one graphic is proposed at this time. The proposed graphic will be located along the easterly
boundary of Lot 6 or Lot 7 of Capital Corporate Center,within close proximity to Interstate-90.
DEPARTURES FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
The building, its site improvements and existing graphics are constructed in conformance with the
requirements of the PORI planned office research industrial district with approved departures from the
requirements of the zoning ordinance. No additional alteration, construction or demolition of any portion
existing buildings and site work is currently proposed at this time.
The proposed electronic display panel(LED)graphic will depart from the requirements of the ordinance for
maximum surface area and its operation as an electronic changeable copy (LED) graphic. However, an
exception to the maximum surface area of a monument graphic is specifically provided for within an area of
special character. The proposed graphic is 10 feet wide and 20 feet high for a total surface area of 200
square feet.This is consistent with the area allowed by the zoning ordinance for shopping center graphics on
larger commercial zoning lots.
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Findings of Fact Planning & Zoning Commission
Petition 23-14 July 7, 2014
The proposed electronic display panel will be less than 50%of the surface area of the graphic on which it is
to be located and is less than 100 square feet in surface area (these are attributes allowed for electronic
display panels on shopping center graphics located along Randall Road and the portions of Rt 31 north of
the Interstate-90).
The designation of the property within an area of special character and the approval of special regulations
provides the needed flexibility to allow for an electronic changeable copy(LED)graphic that the standard
provisions of the graphics ordinance would not otherwise allow.
RECOMMENDATION
On a motion to approve Petition 23-14,the vote of the Planning&Zoning Commission was five(5)yes and
one (1)no subject to the following conditions:
1. Substantial conformance to the Application, Consent and Disclosure, and Statement of Purpose
and Conformance submitted by Peter C. Bazos, Esq. of Bazos Freeman,Kramer, Schuster&
Braithwaite,LLC,dated May 12, 2014.
2. Substantial Conformance with the sign exhibits prepared by Parvin-Clauss Sign Company,
options A and B June 24, 2014. The maximum area of the electronic changeable copy graphic
shall not exceed 200 square feet in surface area and the maximum area of the LED electronic
display panel shall not exceed 90 square feet or 45%of the total surface area of the graphic.
3. The owner shall be permitted to obtain any required building and zoning permits to modify the
following attributes of the graphic without requiring further amendment to the annexation
agreement or amendment to this ordinance:
a) Re-location of the graphic within the area specified on Exhibit 3 of the petitioner's
statement of purpose.
b) Position and dimensions of the electronic display panel within the overall graphic as long
as the surface area of such panel does not exceed 90 square feet or 45% of the overall
surface area of the graphic.
4. The LED electronic display panel shall be permitted to be installed on both sides of the graphic.
5. The graphic shall be oriented in such a manner as to create minimum negative impact to the
greatest extent possible on residential property in the vicinity.
6. The owner shall be permitted the option of constructing the graphic without the use of an
electronic display panel, but with a maximum surface area not to exceed 200 square feet and
containing the names, logos and messages of tenants located within Capital Corporate Center
subdivision.
7. With the sole exception of the LED electronic changeable copy graphic, or the non-electronic
graphic described in Paragraph 5 of this section as authorized in this ordinance, all other street
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Findings of Fact Planning& Zoning Commission
Petition 23-14 July 7, 2014
graphics on the subject property shall comply with the provisions of Chapter 19.50 of the Elgin
Municipal Code, 1976, as amended, entitled"Street Graphics."
8. Compliance with all other applicable codes and ordinances.
Respectfully submitted:
s/Robert Siljestrom
Robert Siljestrom, Chairman
Planning &Zoning Commission
s/Denise Momodu
Denise Momodu, Secretary
Planning&Zoning Commission
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Petition 23-14
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Petition 23-14
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Department of Cornmunity DeveLopment November 2012 I ---------I
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