Loading...
O-16-07 02/26/2007VILLAGE OF LEMONT ORDINANCE NO0 lb-O7 AN ORDINANCE GRANTING A SPECIAL USE FOR AN ELECTRONIC CHANGEABLE COPY SIGN AND APPROVING RELATED VARIATIONS (Lemont High School) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 26TH DAY OF FEBRUARY, 2007 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, DuPage, and Will Counties, Illinois this 26th day of February, 2007. ORDINANCE NO. Z) -07 AN ORDINANCE GRANTING A SPECIAL USE FOR AN ELECTRONIC CHANGEABLE COPY SIGN AND APPROVING RELATED VARIATIONS (Lemont High School) WHEREAS, Lemont High School District 210, hereinafter referred to as the Petitioner," owner of property at Lemont High School, 800 Porter Street (PIN 22- 21 -301- 008- 0000), hereinafter referred to as "the subject property," and legally described in Exhibit A; and WHEREAS, the applicant is seeking a Special Use to allow an electronic changeable copy sign, pursuant to §XVIII.J of the Lemont Zoning Ordinance; and WHEREAS, the applicant is seeking variations from the Lemont Zoning Ordinance to allow an electronic changeable message sign to be within five thousand feet of an electronic message center on another zoning lot, to allow the message center to be greater than twenty -five percent of the total gross surface area and to allow the content be visible from any residence or residential lot (either vacant or improved) within 500 feet of the sign location, pursuant to §XVIII.I of the Lemont Zoning Ordinance; and WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois (the "Village ") did heretofore commence and conduct a Public Hearing on February 6, 2007 and voted 5 -1 with one member absent to recommend approval of the Special Use and related variations with the finding of facts attached as Exhibit B; and WHEREAS, a notice of the aforesaid Public Hearing was made in the manner provided by law and was published in the Daily Southtown a newspaper of general circulation within the Village; and WHEREAS, the President and Board of Trustees of the Village has reviewed the matter herein and has determined that the same is in the best interest of the Village of Lemont, and herein adopts the finding of facts as set forth by the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE, AND WILL, ILLINOIS: SECTION 1. Special Use: A Special Use is granted for an electronic changeable copy sign. SECTION 2. Variations: A variation is granted to allow an electronic changeable copy sign to be located within five thousand feet of an electronic message center on another zoning lot and a variation is granted to allow the message center to be greater than twenty -five percent of the sign's total gross surface area and a variation is granted to allow the content be visible from any residence or residential lot (either vacant or improved) within 500 feet of the sign location. SECTION 3. Condition of Approval: The above special use and variations shall be approved subject to the following condition: 1. That all the requirements of the Lemont Zoning Ordinance and Lemont Building Codes shall be applicable except as varied as set forth in SECTION ONE above. 2. The monument sign shall be built consistent with Exhibit C. 3. The sign location shall be consistent with Exhibit D. 4. The electronic changeable copy portion of the sign shall not be greater than 38.9% of the sign's total gross surface area. 5. The landscaping for the monument sign shall be consistent with Exhibit E. 6. That the variation granted by this ordinance shall be null and void and of no force and effect whatsoever unless an application for a building permit pursuant to such variation is made and construction commenced within one year of the date this said Ordinance becomes effective. SECTION 4. That the Village Clerk of the Village of Lemont be and is directed hereby to publish this Ordinance in pamphlet form, pursuant to the Statutes of the State of Illinois, made and provided. SECTION 5. That this Ordinance shall be in full force and effect from and after its passage, approval and publication provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE AND WILL, ILLINOIS, ON THIS 26th DAY OF FEBRUARY, 2007. AYES NAYS PASSED ABSENT DEBBY BLATZER PETER COULES V CLIFFORD MIKLOS V BRIAN REAVES RON STAPLETON JEANETTE VIRGILIO ✓ Attest: Approved by me this 26th day of February, 2007. JOHN F. P AZZA, Vi11a_e Pr si.ent -.. % / _ CHARLENE SMOLLEN, Village Clerk Exhibit A LOTS 1 AND 2 IN BLOCK 31 IN TOWN OF ATHENS A SUBDIVISION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, AND PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 1 IN BLOCK31 IN TOWN OF ATHENS, THENCE NORTHEASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 1 EXTENDED A DISTANCE OF SIX FEET TO A POINT, THENCE SOUTHEASTERLY ALONG A LINE PARALLEL WITH THE EASTERLY LOT LINE OF SAID LOT 1 A DISTANCE OF 92.59 FEET TO A POINT, THENCE SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF LOT 1 EXTENDED A DISTANCE OF SIX FEET TO A POINT, SAID POINT BEING THE SOUTHEASTERLY CORNER OF SAID LOT 1, THENCE NORTHWESTERLY ALONG THE EASTERLY LOT LINE OF SAID LOT 1, A DISTANCE OF 92.59 FEET TO A POINT, IN COOK COUNTY, ILLINOIS. Exhibit B PLANNING AND ZONING COMMISSION FINDING OF FACT Finding on the Special Use Request a. Is deemed necessary for the public convenience at that location; Finding: The school district can use the electronic message board to disseminate information about school activities to the public. The proposed location is the most logical location since McCarthy Road is widely used. b. Is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected; Finding: The sign will have a setback of the height of the sign or more from the property line. In this case the property line is the middle of McCarthy Road. The sign is five feet tall. The submitted plan shows a seven to ten foot setback from the sidewalk, and about 34 feet from the property line, well above the minimum setback requirement. Also the sign will be located as not to interfere with the required vision triangle. The required vision triangle from a driveway is eight feet. The angle of McCarthy Road and the location of the sign will create a vision triangle that is safe. c. Will not cause substantial injury to the value of other property in the neighborhood in which it is located; Finding: The sign has been designed and will be maintained in a manner as to not affect the neighboring properties. d. Is consistent with standards enumerated elsewhere in this ordinance for the specific special use, including but not limited to Planned Unit Developments. Findings: The standards for electronic message centers are listed below with additional findings for each standard. When a standard is not met it is noted. Findings On The Standards For Electronic Message Centers a. Not more than twenty -five percent of the total allowable gross surface area shall be a message center; Findings: The percentage of the proposed electronic center will be 38.9% of the total allowable gross surface. This is in excess of the 25% allowed. The percentage will require approval of a variation to the 25% maximum allowance, or a reduction of the LED portion of the sign to 7.5 square feet. b. The message center shall be subordinate in location to the main sign face and shall not be located higher than five feet above grade; Findings: The LED will be incorporated into the sign face and will not be above the sign face. It will not be located higher than five feet. c. The sign shall be legible in the circumstances in which it is seen and will not be a hazard to passing motorists; Findings: The location of the sign will make it easy to see from the roadway and the LED will be of a color that it is easy to read. The display will be dimmed as to not be a bright, distracting color. d. If electronic, the sign does not flash, scroll, dissolve, or animate, and the rate of change in the message shall be appropriate for the speed limit of the roadway along which the sign appears; Findings: The sign will not be allowed to scroll, dissolve, or animate. The rate of change of the message can be controlled by the control software to ensure it is appropriate for the speed limit. e. If electronic, the sign is not within the same zoning lot as another electronic message center and it is not within five thousand (5,000) feet of an electronic message center on any other zoning lot. Findings: The electronic message center will be within 5,000 feet of three other electronic centers. The first is located on the Lemont National Bank in downtown Lemont, the second is located in front of Vito and Nicks on State Street and the third is the River Valley Elementary School sign on State Street. A variation will be needed from this standard. f. If illuminated, the illumination source or content shall not be visible from any residence or residential lot (either vacant or improved) within 500 feet of the sign location. Findings: The sign is located within an area residentially zoned, with lots being as close as 150 feet. The sign will be visible from a distance closer than 500 feet. This will need a variation from this standard. g. If illuminated, the maximum intensity of the illumination shall not exceed forty (40) foot - candles measured at a distance from the illuminated sign face equal to the height of the illuminated surface of the sign. Findings: The height of the illuminated sign face is approximately five feet. The intensity of the light will need to be monitored to assure that this standard is met. For reference the following measurements were taken in November 2004 by Ed Buettner: • River Valley School District (LED and Monument) — 6.5 fc at four feet and 3.5 fc at eight feet. • Vito and Nicks (LED and Monument) — 37 fc at four feet and 14 fc at eight feet. Based on these readings the Planning and Zoning Commission is confident the foot - candles of the high school sign will be less than 40 foot - candles at five feet from the light source. The Planning and Zoning Commission found that standards b, c, d and g are met. Standards a, e and f are not met and therefore require approval of variations. Findings On The Standards For Variations The Planning and Zoning Commission made the following finding of fact: (1) Harmonious with the Zoning Ordinance Standard: The variation is in harmony with the general purpose and intent of the Zoning Ordinance. Finding: Section II of the Lemont Zoning Ordinance defines the purpose and intent of the ordinance. It is my belief that the variations are in harmony with the Zoning Ordinance. (2) Unique Circumstances Standard: The plight of the owner is due to unique circumstances and thus strict enforcement of the Zoning Ordinance would result in practical difficulties or impose exceptional hardships due to the special and unusual conditions that are not generally found on other properties in the same zoning district. Finding: The two variations for location are required due to circumstances beyond the petitioner's control. The zoning of the property and the location of other LED signs are not of their doing. The variation for allowing 18.9% of the sign face will allow for the sign to be read easier since it is located 34 feet from the road way. At 25% the letters would be too small to easily read. (3) Essential Character Standard: The variation will not alter the essential character of the locality and will not be a substantial determent to adjacent property. Finding: The variations will not alter the character of the neighborhood. It will still be a residential neighborhood with a school in it. 1E I N PR* • „uu - °y MONUMENT SIGN ON MCCARTHY ROAD: FLUORESCENT -LIT LIGHTBOX w /EMBOSSED FACE & 28 °x60° LED DISPLAY BUILDING, CONCRETE CAPS PILLARS TO MATCH LEMONT HIGH SCHOOL - LEMONT, IL z w J 0 Wye <0i co 0 41 0 J ! W H 4 CCz PROJECT: MONUMENT SIGN @ McCARTHY RD. DESIGN BY: TSK DATE: 08.02.06 REV: 10.26.06 .2411 • (F) 815.468. CONTACT: JIM CONNON • ( X -J7-11 ND IRON PIPE 0.04' NORTH 0.24' EAST l(270.00) Oy P.O.B. PARCEL IX SOUTHWEST CORNER SECTION 21 -37 -11 STATE OF ILLINOIS) COUNTY OF KANE) SS P.O.B. PARCEL XXIII (205.00) 34' 1 "W 254.45' m LAE ur azAgv ,w» 'VISION pr PAR r OF t.._ EXHIBIT D CONCRETE C ELEVATION fir, // /2/ PLAN LOW HEISNT LANDSCAPE HALL. FORMING PERIMETER .CURB I2 " -I5" HiaH PERENNIALS 513N (SEE SIGN ELEVATION) MEDIUM SIZE 'SHRUBS (V'.-4' IN DIAMETER) Signage Landscape Plan /Elevation Lemont High School District 210 Additions & Renovations February 19, 2004 EXHIBIT E vrght