Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 3, 2011 The Niles Plan Commission and Zoning Board of Appeals was called to order at 7:00 P.M. Chairman Kanelos asked everyone to stand for the Pledge of Allegiance. Present along with Chairman Thomas Kanelos and Village Attorney Joseph Annunzio was Vice-Chairman Karen Dimond, Commissioners Thomas Surace, Angelo Troiani, Barbara Nakanishi, Robert Schulter and Morgan Dubiel. Also present was Charles Ostman, Director of Community Development and Richard Wlodarski, Assistant Director of Community Development. Chairman Kanelos asked if there were any questions, clarifications or corrections to the minutes of December 6, 2010. There were none. Vice-Chairman Dimond moved to approve the December 6, 2010 minutes. Seconded by Commissioner Surace, on roll call the vote was: AYES: 6 Dimond, Surace, Kanelos, Troiani, Schulter, Dubiel NAYS: 0 PASS : 1 Nakanishi There being six (6) affirmative votes the motion carried. NEW BUSINESS Review and recommendation of Chapter 78 – Sign Code Amendments. Charles Ostman stepped forward. This Board has been directed by the Building and Zoning Committee to hold this public meeting and make their recommendations to the Village Board on proposed changes to the Sign Code. This public meeting is not a requirement by ordinance or state law. This is just another opportunity for this Board and the business owners/public to provide comment before the Village Board considers final approval. Prior to this meeting, public meetings were held on two (2) occasions for general discussion among the Building and Zoning Committee on the changes being presented this evening. This meeting was advertised in the Niles Bugle, the Village of Niles webpage, the Village Hall, Niles Chamber of Commerce and it is a regularly scheduled meeting of this Commission. The entire proposed Sign Code has been posted on the web as well as provided to the Chamber of Commerce. Rolf C. Campbell & Associates was retained by the Village on the Page 1 of 13  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 3, 2011 recommendation of the Building and Zoning Committee. This firm has been outstanding in getting us to this point. He is very pleased to be working with Al Maiden and Jeremiah Yeksavich. This document is also in the hands of the Village Attorney. It is anticipated this document will be forwarded to the Board of Trustees before the February 22nd regularly scheduled meeting. This evening requires any recommended changes not be done on an individual basis but as a recommendation of this Board by a majority. He knows of only one (1) letter related to the Sign Code and the Chairman is in receipt of this letter with additional copies available this evening along with Mr. Ostman’s response. Chairman Kanelos asked if that was the letter from Mr. Shields. Mr. Ostman said yes. The Sign Code has not changed much since 1965. The current Sign Code’s biggest flaw is the higher you go with the sign, the bigger the sign. Example: a ground sign that was installed 30 ft. from the property line along Milwaukee Ave. The sign could be as high as 55 ft. There was no maximum limitation on that. The area of the sign was based on the height with the formula of height squared divided by 4. That is how we determine the area of the sign. It was advantageous to businesses – the higher you go, the bigger the sign you get. The Village of Niles is investing in streetscape improvements; other communities are doing the same. The heights of the signs are a major component in improving the streetscape. It is noted signs are very important to businesses and that has been taken into consideration in developing these new regulations. Examples: Skokie’s maximum height for a sign is 18 ft., Des Plaines – 18 ft., Morton Grove – 10 ft., Lincolnwood – 8 ft., Glenview – 11 ft., Mt. Prospect – 12 ft., Park Ridge – 6 to 8 ft., Northbrook – 8 ft. It gives you a sense that signs in all the aforementioned towns and villages are coming down and have been for a while. Driving around in Crystal Lake, Cary and those areas, they’ve done exactly the same thing in the business district to enhance the streetscape. One item not in this evening’s document is signage required for towing from private property. These sign regulations are required under Section 110 of the Village ordinances. The current regulations for each sign posted on private property is a minimum of 72” x 48”. We received some negative comments on how big these signs were at each entrance of the commercial shopping centers. This section will be presented at the same time to the Village Board to eliminate this requirement and follow the state law under the Illinois Vehicle Code. The state says it has to be a certain height above the ground. It has to Page 2 of 13  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 3, 2011 contain certain information and a certain minimum height of the letters. There are no proposed changes in the fees included in this document. Any changes in fees will be sent to the Finance Committee for their recommendations later this month. At this time Mr. Ostman turned the podium over to Jeremiah Yeksavich from Rolf C. Campbell & Associates for his prepared presentation on the significant changes, unless there are any questions first. There were none. Jeremiah Yeksavich, Senior Planner, Rolf C. Campbell & Associates, 910 Woodlands Parkway, Vernon Hills, IL 60060 stepped to the podium and was sworn in. The firm was retained to facilitate and work with Village staff and Building and Zoning Committee to see what may or may not work for your Village. Mr. Yeksavich used the overhead screen to show all the information that would be discussed tonight.  Purpose & Design Guidelines  Measurement of Sign Copy Area  Prohibited Signs  Exempt Signs  Signs Requiring Permits – Permitted, Special Use & Temporary  Administration One thing added to the new ordinance is a direct purpose list. Before, there was kind of a general purpose statement which was good, but this one helps the Village in implementing the actual Sign Code by looking at a fine bullet- pointed statement that says here is what we are trying to accomplish with a new Sign Code.  Protect the health, safety and general welfare  Protect the constitutional right to free speech while not creating a nuisance to neighboring properties and upon the Village as a whole  Support the desired visual character of the Village  Prevent traffic hazards This sums up what you are trying to regulate when it comes to the Sign Code. Not trying to hinder people’s free speech, but trying to formulate free speech in the open and public environment that is safe and not a nuisance to other properties. In addition to adding that purpose statement, staff suggested coming up with some general design guidelines which allows them to interpret how the purpose can be achieved. The design guidelines aren’t specifically tailored, but more general statements both for staff to use, as well as somebody looking to develop a sign under this design code – what should they be looking for and how should they be developing their signs.  Provide general standards to support the purpose statement, include Page 3 of 13  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 3, 2011 - Legibility - Relationship of signs to their surroundings - Relationship of signs to the building and site locations - The quality and craftsmanship of signs Next in the overview is a simple explanation and examples of how signs are measured. After that Mr. Yeksavich said what they updated is what prohibited signs in the Village are compared to what it was before. Prohibited Signs  For the most part maintained existing provisions.  Refined definition of vehicular signs. - Vehicular signs shall not be parked on a public right-of-way, public property or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property.  Prohibited neon window borders.  Prohibited video signs (i.e. televisions) except in conjunction with gasoline pumps. Commissioner Dubiel asked what the concern about neon window borders is. Mr. Yeksavich said it was distractive and not aesthetically pleasing. Next is Exempt Signs I.  Political signs - 3 signs with a total area of 20 sq. ft. - Not to be displayed longer than 15 days after the election on non-residential property. - New state law “prohibits” time limits for display on residential property.  Holiday Decorations - 45 days before and 90 days after holiday. There was a lengthy discussion between Mr. Yeksavich and Commissioner Dubiel regarding political signs. Mr. Annunzio gave a detailed explanation; however, it was inaudible. Chairman Kanelos said it seems there is concern among some Board members regarding political signs. When the Board makes their recommendation perhaps they can propose a suggested change. Page 4 of 13  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 3, 2011 Mr. Yeksavich said another suggestion that recently came up out of the Building and Zoning Committee was how to deal with non-political speech in residential areas. That would be Exempt Signs II.  Celebratory Signs - Allowed in residential districts for a 14 day period.  Window Signs (Commercial) – Temporary - 2 per window for no more than 30 days. - 50% of any business window; 75% of a supermarket window  Home Occupation Sign (Nameplate)  48 sq. in. in R-1 & R-2.  Added Public Notice Board Kiosks Celebratory signs do not have a specific size regulation at this time. Although Niles does not have public notice board kiosks yet, Mr. Ostman noted they are popping up in his travels around the area. Next is Signs Requiring a Permit 1:  Wall signs  Canopy and marquis and awning signs  Permanent window signage  Ground signs including pole signs and monument signs They have kept the same standard for the total signage allowed. But it is refined so it is easily definable and applicable to all signage on your property. Signs Requiring a Permit 2:  Signage in Business & Manufacturing Districts  Total Signage Qualifying for Ground Sign = 3 times the wall frontage of a building. Not Qualifying for Ground Sign = 2.5 times the wall frontage of a building  1 frontage = 500 sq. ft. maximum 2 frontages = 800 sq. ft. maximum 3 or more frontages = 1,000 sq. ft. maximum  Sites require a Comprehensive Signage Plan. Wall Signs  Can be on any wall or R.O.W. frontage.  No specific limit on number.  Every sign after 1st must be no more than 50% the area of the 1st. Page 5 of 13  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 3, 2011  Cannot extend above roof line.  No stacking of signage from different businesses. There is discussion among Mr. Yeksavich, Vice-Chairman Dimond and Commissioner Dubiel clarifying different issues. Ground Signs  Number of signs -0-99 feet of R.O.W. frontage: No sign -100 – 599 feet of R.O.W. frontage: 1 sign - 600 feet of R.O.W. frontage: 2 signs  Area – As part of overall total signage  Height -10 Tenants or less: 20 ft. -10 Tenants or more; 120K sq. ft.: 22 ft. - 500K sq. ft.: 32 ft. In a manufacturing district: 20 ft.  Materials for Monument Signs – -Brick, stone, or decorative masonry Mr. Ostman explained further there will be quite a few signs that are going to be non-compliant. For instance, the Four Flags Shopping Center sign is up to 44 feet. If the Village Board approves this, Community Development will actually go out and inventory all the signage so there is a benchmark where all the signs are. Later we will get into how much time is given to bring all the signs into conformity. Other Signs  Window Signs – Permanent: -Area as part of overall total signage. -Neon sign not more than 15% of window area.  Electronic Message Center Sign -Allowed as a permitted sign if it meets certain conditions, otherwise it requires a special use permit. -Max. 25% of ground sign without a special use permit. Commissioner Dubiel asked for more clarification on Window Signs. Special Use Signs Page 6 of 13  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 3, 2011  Any sign not covered in the ordinance.  Painted wall signs.  Drive through reader board signs Exempt, if  It has an attached sign that is not greater than six (6) square feet in area:  It is internal to the lot; and  The lot upon which the sign is located does not abut a lot zoned in a residential district. Temporary Signs  Types of temporary signs Banners, Bunting, Flags, Inflatables, Pennants, & Searchlights.  Permits issued by Community Development Director for: Public Interest Occasions –  14 Days Before & 7 Days After Grand Openings  90 Days Special Events  4 week period maximum 4 times per year with 1 month between events. Administration  Existing signs that received permit are legal non- conforming. - Must be removed – Neon window borders – within 5 years. All other signs – by 2025.  As is currently, any sign that required a permit that does not have one is ‘unlawful’ and can be taken down.  Implementation will be incremental and occur as signs are updated. The above outline was discussed somewhat in between each category. Most conversation was the Commissioners requesting clarification on a certain point. Mr. Yeksavich explained more thoroughly when asked for additional information or detail. Chairman Kanelos said [to Mr. Ostman] at the last meeting he thought they discussed making it 20 years. Page 7 of 13  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 3, 2011 Mr. Ostman said the discussion came up and he felt 15 years (2026) should be sufficient. Many towns have a 10 year time frame. We feel 15 is fair. Commissioner Nakanishi thanked Mr. Yeksavich for his presentation and said she had about one hundred comments and corrections. They want it to go out perfect. She went over half a dozen items and said she would turn her notes over to Mr. Ostman for review. Vice-Chairman Dimond wanted clarification on signage on parked vehicles. Does this apply to mobile vehicles with signage? Mr. Yeksavich thought that presently it only affects those vehicles that are parked. Commissioner Troiani asked if the information given tonight was going to be added as addendums. Chairman Kanelos was going to suggest this packet be listed as Exhibit A; however their packets don’t exactly match Mr. Yeksavich’s so they can’t put it into the record. Mr. Ostman said they are currently trying to print out a complete packet before the end of tonight’s meeting. There was more discussion on signage in pictures that were included in the packet. Commissioner Dubiel is concerned about Village revenue that may be affected when the new signage ordinance goes into motion. Mr. Yeksavich said of most communities he worked with, Niles has one of the least restrictive sign codes. Commissioner Dubiel agreed many things need to be changed. There are some monstrosities. There is a lot more information he would like to have and does not think he could vote on this tonight. Page 8 of 13  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 3, 2011 Mr. Yeksavich said they tried to preserve a lot of the standard that exist under the current sign code. We have these antiquated codes in some ways that have extra standards businesses are having more difficulty interpreting. Commissioner Dubiel feels Niles is very much dependent on sales tax revenue. Can we implement this in slices to see how things respond over the next three to five years? Mr. Yeksavich said it’s never a silver bullet. There will be provisions in this document you will need to change in the future. This is a unique Village. The previous code was implemented for over 40 years. Under various technologies, under various aesthetics, under all types of watt designs and right of way, etc. - hopefully in the future it will be the perfect code you are looking for. This new code does have provisions for unique situations in it. This code will be a great resource for the people who design signs as well. Commissioner Schulter asked if this sign code is similar to other communities. And what kind of push back have businesses given the villages in something like this. Mr. Yeksavich said yes, it is similar. For the ones he has worked on it has been limited. It is always about the timing on when they need to come into compliance, especially for the person who just put up a new sign. Chairman Kanelos asked for clarification on the proposed ordinance. We are still less restrictive than surrounding communities. Hopefully Niles will still provide a competitive advantage. Mr. Yeksavich said correct. Mr. Ostman said he has been in towns where a ground sign can’t be more than 10 ft. high. That really puts a strain on a business for getting visibility out there. We are at 20 ft. and everyone else is under us – so that is being business friendly. Chairman Kanelos asked if there were other questions from the Commissioners. Page 9 of 13  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 3, 2011 Vice-Chairman Dimond asked if any studies were done after restrictions were placed if there was a decrease in sales as a result of signage. Mr. Yeksavich said he did not know of any. Commissioner Schulter asked if the time frame [5 to 15 years] for getting this code changed is consistent with other villages. Mr. Yeksavich said it is actually a little longer. Ten years is fairly standard. Commissioner Troiani said we just received the updated presentation from tonight. It is Exhibit A. He asked Mr. Annunzio if they can approve this tonight. Mr. Annunzio said if you feel comfortable. Mr. Ostman said this is a lot to absorb. There is nothing wrong with having another meeting. He hopes to take this to the Village Board at the end of February. Commission Dubiel feels the grandfathering creates two classes of business: a business that is existing and has a clientele who has 5 to 15 years to slowly absorb these changes. Then there is the business they will never know about because they are never formed. To compete against competitors who are grandfathered in and have a free 5 or 15 year pass on this change is difficult to make it go. There are portions of this code he could pass right now but he needs more data on this ordinance. From where he is right now, he could not vote to pass this tonight. Commissioner Troiani said we have to set a date to get this implemented. He thinks 2025 or 2020 is too long of a time. We are doing this to have average signs, not to crucify anyone. Chairman Kanelos said maybe there is a roundabout way to say the grandfathering can go with the property, not the business. So a new person going into business with an existing sign doesn’t have the burden that an existing business staying there does. Maybe we should have another meeting on this. What is the agenda for next month [February]? Mr. Ostman said this is the only thing on next month’s agenda. Page 10 of 13  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 3, 2011 Mr. Annunzio said having a sign code that everyone understands is very important. We have to be aware of the procedures it takes to reach that sign code. Mr. Ostman said as director he takes the sign code very serious making sure it is business friendly. There are lots of things we do in this Village to bring new business in quickly. The major component of this sign code that will hurt shopping centers and some business is the height. We are going from 44 ft. to 22 ft. But the small businessman is not going to see any difference. Chairman Kanelos asked if any members of the audience had any comments. Katie Schneider, Director of the Niles Chamber of Commerce, 8060 W. Oakton St., Niles, IL stepped forward and was sworn in. Once the code is approved, what will happen if the business is not in compliance? Mr. Yeksavich said it falls under two provisions. If the sign previously was required to have a permit and did not receive one, it is an unlawful sign and needs to be taken down. That is under the existing sign ordinance and the proposed one. If the sign does not conform to the proposed ordinance but it was a sign that received a permit as a lawful sign, it will become a non- conforming sign but it will be allowed to exist; if it’s the windows borders that go out in 5 years, or the next 15 years for any other sign [which the majority of the signs fall under]. Ms. Schneider said the Chamber sent out a notice of tonight’s meeting to businesses. She feels they didn’t respond because they didn’t know exactly how this would affect them. If we could identify who this is going to affect it would be helpful. Mr. Ostman said he’d have more information regarding this next month. Commissioner Nakanishi said everyone was invited to this meeting and this proposed ordinance is for public review. Perhaps Ms. Schneider could contact the businesses and make the point it would be in their best interests to take a look at this proposed ordinance. Ms. Schneider said if this is going to have a positive or negative impact, just to say someone didn’t show up to the meeting, she thinks the Board would Page 11 of 13  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 3, 2011 want some concrete information. Businesses have said they are always interested in reinvesting in the appearance of their business. Does it only affect shopping centers? Maybe they have the money to do it. Small businesses may not have money to upgrade. Commissioner Nakanishi said that is why we have public meetings. Commissoner Schulter asked Mr. Ostman how many businesses are in Niles. And how many of them have shown up tonight for this meeting. Mr. Ostman said 1,300 [businesses]; none showed up tonight. Commissioner Dubiel suggested this could be put on the Village website. Maybe Ms. Schneider could do a mailing and say check out this website; it may affect you. Commissioner Troiani feels it is silly to put this off. The businesses have to upgrade their signs. Mr. Ostman said he agrees with the rest of the Commissioners. Let’s make sure we get it right and wait one more month. Commissioner Schulter said he would like to table this until the next scheduled meeting, February 7, 2011. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 6 Dimond, Surace, Kanelos, Nakanishi, Schulter, Dubiel NAYS: 1 Troiani There being six (6) affirmative votes the motion carried. The meeting was closed but Mr. Ostman had a final comment. At the next meeting he will bring several slides [as shown on the overhead] to show what it would take to bring signs into compliance. If the Chamber of Commerce would like the Community Development Department to go out and evaluate signs for various businesses, they would be willing to do so. Vice-Chairman Dimond made a motion to adjourn the meeting. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 7 Dimond, Surace, Kanelos, Troiani, Nakanishi, Schulter, Dubiel NAYS: 0 Page 12 of 13  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 3, 2011 There being seven (7) affirmative votes the motion carried. The meeting adjourned at 8:36 p.m. Kathleen Janessa, Recording Secretary Page 13 of 13