Legal Reference:
Request for Council Action
Referred to Council: October 10, 2016
Subject: Construction Sign Variation for Laurel Courts II 833 Laurel Avenue Staff Contact: Andy Cross, Senior Planner
Department: Community Development
TITLE: Consideration of an Ordinance Granting a Variation From Article XX (Sign Code) of the Zoning Code to Exceed the Allowable Area for a Construction Sign for the Laurel Courts II Residential Development at 833 Laurel Avenue
Recommendation:
The Department of Community Development recommends that the City Council consider an Ordinance granting a variation to Section 150.2023(A)(1) of Article XX pertaining to construction signs.
Background:
On March 24th, 2014, the City Council approved a Rezoning from RM1A to RO, a one-lot
Subdivision, a Planned Development, and a Development Agreement for a 52-unit multiple family project to be built by Fulton Development at 807, 819, 825, and 833 Laurel Avenue. The development will be completed in two phases, the first of which is currently under construction. Fulton Developers is requesting a variation to install a 42-square foot construction sign to be placed on the property to identify and advertise the project.
Code Requirements:
Article XX establishes sign regulations and provides the following regulations for “Construction Signs,” or signs associated with development projects:
Construction Sign. A Sign that announces the subdivision, development, construction, or other improvement of a Lot and located on that Lot during the subdivision, development, construction, or improvement.
In the RO Multiple Family Residential zoning district, the signs are limited to the following: Quantity: 1
Maximum Size: 12 square feet Maximum Height from grade: 6 feet Applicant’s Request:
Figure 1: Proposed Construction Sign for Laurel Courts II
The applicant is proposing a 42 SF construction sign. The vinyl banner (Figure 1) will be mounted on the front of the building. Photographs of the building are included as Exhibits to this memo, as well as a letter from the applicant explaining the need for the sign.
Analysis The sign will be located along the frontage of the Laurel Courts II development site facing Laurel Avenue. The variation in sign area is needed to ensure the sign is effective and legible to drivers and pedestrians along Laurel Avenue. As noted above, construction signs the multifamily zoning district are limited to 12 SF in area. The applicant’s variation request is 3.5 times larger than the maximum area allowed
Given the site’s location close to the street and sidewalk, staff suggests that one 25 SF1 sign
may be appropriate and could still meet the intent of the sign Code and the standards of approval enumerated below.
For reference, the following provides excerpts from the applicable sections of the City Code. It is important to note that this variance pertains only to construction signs and will not change the area of non-construction signs permitted for this development.
Authorized Variances
Per Section 150.2031(C)(2)
…“The City Council shall have the right to either (a) grant any variance to this Article XX or (b) authorize the Plan and Design Commission to consider and recommend to the City Council any variance to this Article XX; provided that the granting of any such variance shall be in accordance with the procedures set forth inSection 150.2031(A) and the standards set forth in Section 150.2031(B).”
Standards for Consideration
Per Section 150.2301(B):
…“No variance from the requirements of this Article XX shall be granted unless the Plan and Design Commission or the City Council, as the case may be, determines that (i) the requested
1 Based, in part, on standard sign size & height guidelines for on premise signs (for 25 MPH road 2 lanes) – source: The Signage Sourcebook – A Signage Handbook – U.S. Small Business Administration & The Sign Foundation for Communication Excellence.
variance is appropriate due to a particular hardship or special unique circumstance, and (ii) the requested variance will not defeat the fundamental purposes and intent of this Article as expressed inSection 150.2002 of this Chapter, and (iii) the requested variation will not be detrimental to the public welfare or injurious to property in the vicinity of the Lot for which a variance is granted.” For reference Section 150.2002 related to the intent of the sign Code is as follows:
“The Mayor and City Council recognize that the visual environment has an effect upon the welfare of the citizens of Highland Park and that the careful control of signage can preserve and enhance the public health, safety, and welfare of the City.
The intent of the regulation of Signs as set forth in this Article is as follows:
(A) To recognize that Signs are a necessary means of visual communication for the convenience of the general public as a whole, as opposed to the convenience of any individual Person;
(B) To acknowledge and ensure the appropriate identification of businesses and services and, at the same time, limit the proliferation of those Signs that are of an accessory or incidental nature;
(C) To protect the public from hazardous conditions that result from Signs that are structurally unsafe, obscure the vision of motorists, or compete or conflict with necessary traffic signals and warning Signs;
(D) To ensure that Signs are compatible with adjacent land uses and with the overall visual environment of the community; and
(E) To encourage Signs that are well designed and compatible with their surroundings and with the buildings to which they are appurtenant.”
Similar Recent Consideration
In August, 2016 the City Council considered two similar requests for variations for Construction Signs on new development projects around town. The Heritage single-family development on County Line Road was granted a variation for a 48 square-foot sign to be mounted on the development site facing the roadway. McGovern House on Central Avenue was also granted a variation to allow five Construction Signs to be mounted on the fence screening the development site. The five signs total 210 square feet.
Documents Attached:
Construction Sign for Laurel Courts II
Letter and Application for Sign Variation for Laurel Courts II Site Photos
Ordinance Exhibit A Ordinance Exhibit B
CITY OF HIGHLAND PARK ORDINANCE NO.
CONSIDERATION OF AN ORDINANCE GRANTING A VARIATION FROM ARTICLE XX (SIGN CODE) OF THE ZONING CODE TO EXCEED THE ALLOWABLE AREA FOR A CONSTRUCTION SIGN FOR THE LAUREL COURTS II
RESIDENTIAL DEVELOPMENT AT 833 LAUREL AVENUE
AN ORDINANCE GRANTING A VARIANCE FROM
SECTION 150.2023(A)(1) OF THE ZONING CODE FOR A CONSTRUCTION SIGN (807-833 Laurel Avenue)
WHEREAS, Fulton Developers, Inc. (“Applicant") is the record title owner of that certain real property located in the RO High Density Residential Office Zoning District ("RO District"), commonly known as 807-833 Laurel Avenue, Highland Park, Illinois, and legally described in Exhibit A, attached hereto and, by this reference, made a part of this Ordinance ("Property"); and
WHEREAS, the Applicant is developing a 52-unit multiple-family residential structure on the Property ("Proposed Development"); and
WHEREAS, pursuant to Section 150.2023(A)(1) of the "City of Highland Park Zoning Ordinance of 1997," as amended ("Zoning Code"), construction signs in the RO District may not exceed 12 square feet in area; and
WHEREAS, in support of the Proposed Development, the Applicant desires to install a 42-square-foot construction sign on the Property ("Proposed Sign"), which Proposed Sign does not comply with the area limitation set forth in Section 150.2023(A)(1) of the Zoning Code; and
WHEREAS, the Applicant has filed an application seeking a variance from Section 150.2023(A)(1) of the Zoning Code to permit the installation of the Proposed Sign on the Property ("Requested Variance"); and
WHEREAS, pursuant to Section 150.2031(C)(2) of the Zoning Code, the City Council is authorized to consider and grant variances from the restrictions set forth in Section 150.2023(A)(1) of the Zoning Code; and
WHEREAS, at its regularly-scheduled meeting on October 10, 2016, the City Council heard and considered the Applicant's request for the Requested Variance; and
WHEREAS, the City Council has determined that the Requested Variance meets the required standards for variances from Article XX of the Zoning Code, as set forth in Section 150.2031(B) of the Zoning Code; and
WHEREAS, the City Council has determined that it will serve and be in the best interest of the City to grant the Requested Variance, subject to the conditions, restrictions, and provisions of this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HIGHLAND PARK, LAKE COUNTY, ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as the findings of the City Council.
SECTION TWO: APPROVAL OF REQUESTED VARIANCE. Pursuant to Section 150.2031(C)(2) of the Zoning Code and the home rule powers of the City, and subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Three of this Ordinance, the City Council hereby grants a variance from Section 150.2023(A)(1) of the Zoning Code to the Applicant to increase the maximum area of the Proposed Sign, from 12 square feet to 42 square feet, in order to permit the installation of the Proposed Sign on the Property.
SECTION THREE: CONDITIONS. Notwithstanding any use or development right that may be applicable or available pursuant to the provisions of the Zoning Code, the variance granted pursuant to Section Two of this Ordinance is hereby expressly subject to, and contingent upon, the development, use, and maintenance of the Property in compliance with each and all of the following conditions:
A. Compliance with Regulations. The construction, development, use, operation, and maintenance of the Property and the Proposed Sign must comply with all applicable City ordinances, as the same have been or may be amended from time to time, except to the extent specifically provided otherwise in this Ordinance.
B. Compliance with Sign Plan. The development, use, operation, and maintenance of the Proposed Sign must comply with that certain Sign Plan prepared by Fulton Developers, a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit B ("Sign Plan").
C. Removal of Proposed Sign. The Proposed Sign must be removed from the Property not later than one year after the date of approval of this Ordinance, unless the City Council approves an extension by resolution duly adopted.
D. Limitation of Variance. The variance granted in Section Two of this Ordinance will apply and be limited only to the Proposed Sign depicted and described in the Sign Plan. No future alterations or modifications may be made to the Proposed Sign causing it to be in further nonconformity with the requirements of Article XX of the Zoning Code without first obtaining City approval in accordance with the applicable provisions of the Zoning Code. All other signs, and portions of signs, on the Property must comply with Article XX of the Zoning Code and all other applicable provisions of the City's codes and ordinances.
E. Reimbursement of City Costs. In addition to any other costs, payments, fees, charges, contributions, or dedications required under applicable City codes, ordinances, resolutions, rules, or regulations, the Applicant must pay to the City, promptly upon presentation of a written demand or demands therefor, all legal fees, costs, and expenses incurred or accrued in connection with the review, negotiation, preparation, and consideration of this Ordinance. Payment of all such fees, costs, and expenses for which demand has been made must be made by a certified or
cashier's check. Further, the Applicant is liable for, and must pay upon demand, all costs incurred by the City for publications and recordings required in connection with the aforesaid matters.
SECTION FOUR: FAILURE TO COMPLY WITH CONDITIONS. Upon the failure or refusal of the Applicant to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, as applicable, the variance granted pursuant to Section Two of this Ordinance may, at the sole discretion of the City Council, by ordinance duly adopted, be revoked and become null and void; provided, however, that the City Council may not so revoke the variance granted pursuant to Section Two of this Ordinance unless it first provides the Applicant with two months advance written notice of the reasons for revocation and an opportunity to be heard at a regular meeting of the City Council. In the event of revocation, the development and use of the Property will be governed solely by the applicable provisions of the RO District and the applicable provisions of the Zoning Code, as the same may, from time to time, be amended. Further, in the event of such revocation, the City Manager and Corporation Counsel are hereby authorized and directed to bring such enforcement action as may be appropriate under the circumstances.
SECTION FIVE: RECORDATION; BINDING EFFECT. A copy of this Ordinance will be recorded with the Lake County Recorder of Deeds. This Ordinance and the privileges, obligations, and provisions contained herein inure solely to the benefit of, and are binding upon the Applicant and each of its heirs, representatives, successors, and assigns.
SECTION SIX: AMENDMENTS. Any amendments to the variance granted in Section Two of this Ordinance that may be requested by the Applicant after the effective date of this Ordinance may be granted only pursuant to the procedures, and subject to the standards and limitations, provided in the City Code.
SECTION SEVEN: EFFECTIVE DATE.
A. This Ordinance will be effective only upon the occurrence of all of the following events:
1. Passage by the City Council in the manner required by law; 2. Publication in pamphlet form in the manner required by law; and
3. The filing by the Applicant with the City Clerk of an Unconditional Agreement and Consent, in the form of Exhibit C attached to and, by this reference, made a part of this Ordinance, to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance and to indemnify the City for any claims that may arise in connection with the approval of this Ordinance.
B. In the event the Applicant does not file fully executed copies of the Unconditional Agreement and Consent, as required by Section 7.A.3 of this Ordinance, within 30 days after the date of final passage of this Ordinance by the City Council, the City Council will have the right, in its sole discretion, to declare this Ordinance null and void and of no force or effect.
: October 10, 2016 ORDINANCE NO.
Nancy R. Rotering, Mayor ATTEST:
