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HomeMy WebLinkAbout04/24/2014 P&Z Minutes 06-14 MINUTES OF THE REGULAR MEETING OF THE PLANNING& ZONING COMMISSION CASE NO.PZ-06-14 Hearing Date: April 24, 2014 PROPERTY ADDRESS: 1501-1585 W. Dempster Street PETITIONER: Charles Martin PUBLICATION DATE: April 9, 2014 PIN NUMBER: 08-23-100-016-0000, 08-23-100-017-0000 REQUESTS: 1) Special Use to allow an electronic message center with a display period of less than thirty(30)seconds 2)Variation to allow an electronic message center with multiples colors 3)Variation to increase the number of lines of changeable copy 4)Variation to increase the size of menu board for a drive- through restaurant MEMBERS PRESENT: Joseph Donnelly, Chair Norbert Mizwicki William Beattie Keith Youngquist Jacqueline Hinaber Jeanne Kueter MEMBERS ABSENT: Sharon Otteman Thomas Fitzgerald STAFF MEMBERS PRESENT: Consuelo Andrade, Senior Planner Brian Simmons, Deputy Director of Community Development INTERESTED PARTIES: Commitrust MPRE, LLC, Daveri Development, LLC Chairman Donnelly called the meeting to order at 7:30 pm. Commissioner Beattie made a motion, seconded by Commissioner Youngquist to approve the minutes of the March 27,201 Planning and Zoning Commission Meeting; the minutes were approved 5-0 with one Commissioner abstaining. Chairman Donnelly introduced case PZ-06-14, 1501-1585 W. Dempster Street. Ms. Andrade stated the Petitioner for PZ-06-14 is seeking a Special Use and Variations for signage at the property located at 1501-1585 W. Dempster Street. Ms. Andrade stated the Subject Property is located at the southeast corner of the Busse Road and Dempster Street intersection. The existing improvements include a drive-through restaurant (Culver's) and a four-story mixed-use building known as Myers Place. She further explained,the Subject Property is Planning and Zoning Commission Meeting,April 24 2014 PZ-06-14 Chairman Joseph Donnelly zoned B-3 Community Shopping and is bordered by the B-3 District to the east, south, and west, and the R-4 Multi-Family Residential District to the north. Ms. Andrade explained the Petitioner wants to replace the existing freestanding sign located on the northwest corner of the Subject Property with a new freestanding sign that would measure twelve (12) feet in height and approximately seventy three (73) square feet in area. The sign would identify Culver's and include an electronic message center. She stated the electronic message center would measure thirty two (32) square feet in area, which would take up forty three percent (43%) of the total sign area. Since the electronic message center would consist of a display period of less than thirty (30) seconds, Special Use approval is required. Ms. Andrade stated the electronic message center would consist of text and one or two multi-colored graphics on a colored background. The graphic(s) would be an image that correlated with the text being displayed. Since the Village Sign Code requires uniformity in color, appearance, and font, the Petitioner is requesting a Variation to allow an electronic message center consisting of multiple colors. The Petitioner's exhibits indicate the electronic message center would be static. Ms. Andrade stated a Variation is also required for the number of changeable copy lines. The electronic message center would include up to four(4) lines of changeable copy when the Village Sign Code allows a maximum of two(2)lines of changeable copy. Ms. Andrade showed the table below comparing the proposed freestanding sign with the Sign Code regulations. She stated the proposed sign requires variations to allow up to 4 lines of changeable copy and to allow a multi-color display. Code Regulations Proposed Sign Hei ht Max. 12' 12' Area Max. 75 sq.ft. 73.36 sq.ft. Setbacks Min. 5' 5' Permanent Items of Information Max. 6 6 Electronic Message Center Max. 37.5 sq.ft. (50%) 31.78 sq.ft. (43%) Lines of Changeable Copy Max. 2 4 Display Uniformity in color, Multi-color appearance, and font Ms. Andrade stated the Petitioner also wants to replace the existing menu board located along the drive- through. The menu board would measure just over six (6) feet in height and approximately forty six(46) square feet in area. Since the Village Code limits the size of menu boards to a maximum of thirty two(32) square feet,the Petitioner is seeking a Variation to increase the size to forty six(46)square feet. Ms. Andrade explained the required findings for Special Use requests are contained in Section 7.720 of the Village's sign Code and include: Planning and Zoning Commission Meeting, April 24 2014 PZ-06-14 Chairman Joseph Donnelly • Protection of public safety and welfare; • Harmony with the scale and architecture of nearby buildings and signs; • Lack of negative impacts on adjacent properties or signs; and • Compliance with other provisions of the Sign Regulations. Ms. Andrade stated per the Petitioner, the design and location of the proposed freestanding sign took into account variables such as the line-of-sight, setbacks, and vehicular access points. She explained the Petitioner furthers states that the proposed sign would not be detrimental to or endanger visibility, public safety, comfort or the general welfare based on Culver's experience with electronic message centers with a static display time less than thirty(30)seconds. Ms. Andrade stated that Staff is supportive of the Petitioner's Special Use request to allow an electronic message center with a display period of less than thirty (30) seconds, provided the electronic message center complies with the minimum ten (10) second display period before changing. The proposed sign would comply with the permitted height, area, and setback requirements. Additionally, the proposed sign would be consistent with signage located on the other commercial properties in the Village. Ms. Andrade stated the required findings for sign variations are contained in Section 7.725 of the Village of Mount Prospect Sign Code. The section contains specific findings that must be made in order to approve a variation, including: • The sign allowed under code regulations will not reasonably identify the business; • The hardship is created by unique circumstances and not serve as a convenience to the petitioner, and is not created by the person presently having an interest in the sign or property; • The variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood; and • The variation will not impair visibility to the adjacent property, increase the danger of traffic problems or endanger the public safety, or alter the essential character of the neighborhood; and be in harmony with the spirit and intent of this Chapter. Ms. Andrade stated the Petitioner claims the recent developments immediately to the west(Myers Place) and east (United's Data Center) have had negative impacts on business. She further explained the Petitioner indicated guest traffic and visibility of Culver's has reduced ever since the adjacent properties were developed. The Petitioner further indicated there was a profit loss for the last two years. The proposed electronic message center consisting of text and graphics is an effort to recover customers and improve Culver's visibility. Ms. Andrade stated technology for electronic message centers has advanced in recent years to allow high resolution displays that include graphics. Consequently,Village Staff has received numerous requests for electronic message centers that consist of text and graphics that are multi-colored. Recognizing that the technology has advanced and the increased demand for electronic message centers, Staff can be supportive of electronic message centers that consist of text and a multi-colored graphic provided the displays comply with the Village Sign Code's design guidelines, which call for architecturally pleasing signs that are legible,brief, simple,orderly, and compatible with the building they identify. Ms. Andrade stated Staff feels the Petitioner's proposed electronic message center display would be consistent with the Village Code design guidelines. She further explains the displays would be fixed and legible, which would consist of text and up to two (2) simple graphics. The graphics would be the only components of the electronic message center that would be multi-colored. The graphic would be an image/symbol that is recognized universally, such as a Planning and Zoning Commission Meeting,April 24 2014 PZ-06-14 Chairman Joseph Donnelly picture of a milk shake or sandwich offered at the restaurant. The text would be uniform in color and measure up to 9" in height. Since there is the potential for the graphics and text to change, Staff recommends adding conditions of approval limiting the number and area occupied by graphics to two (2) and up to twenty five(25)percent of the overall electronic message center area. Ms. Andrade stated regarding the text, Staff recommends a condition of approval requiring any text displayed to be single uniform in color. Ms. Andrade further stated Staff is not supportive of a Variation request to increase the lines of changeable copy. The electronic message center would include up to four (4) lines of changeable copy when the Village Sign Code allows a maximum of two (2) lines of changeable copy. She explained that staff felt more than two (2) lines of changeable copy would be excessive and could be a distraction and potentially cause traffic problems or endanger the public safety, especially because graphics are proposed in conjunction with text. Staff feels that two(2) lines of text and up to two(2)graphics are reasonable. Ms. Andrade stated in regards to the menu board, the Petitioner stated that market conditions and patron information dictated the size of the proposed menu board. The Petitioner states the proposed menu board would decrease the amount of time required for the consumer to assimilate the information displayed. Ms. Andrade further explained Staff is supportive of the proposed menu board sign as the sign would be located internally to the property and would not be visible from the road or surrounding properties. Further, the proposed menu board exceeds the maximum size permitted by approximately fourteen (14) square feet. While staff feels that the proposed menu board sign could be redesigned to comply with code by eliminating graphics and blank space, ultimately the sign is not overly obtrusive and meets the general intent of the code. She explained the Village previously supported a variation for Panera(PZ-22-11)for a variation to increase a menu board's size from thirty-two(32)square feet to thirty-five(35) square feet. Ms. Andrade stated that Staff feels the Special Use request and Variations to allow multiple colors and a larger menu board met the standards and recommends approval of the following motions: "To approve: 1) A Special Use to allow an electronic message center with a display period of less than thirty (30)seconds; 2) A Variation to allow an electronic message center with multiple colors; and 3) A Variation to increase the size of a menu board from thirty two (32) square feet to forty six (46)square feet, subject to the conditions of approval listed in the staff report. Regarding the number of lines of changeable copy, Staff does not feel the Variation request to increase the number of lines meets the standards and recommends denial of the Variation request to increase the number of lines of changeable copy from two(2)to four(4). The Planning&Zoning Commission's decision is final for this case. Chairman Donnelly asked if the proposed size of the menu board is consistent to other restaurants that have had similar variation requests. Ms. Andrade stated that the size of the proposed menu board is consistent with recent similar requests. Planning and Zoning Commission Meeting, April 24 2014 PZ-06-14 Chairman Joseph Donnelly There was general discussion between the board and staff about the variety of displays that the Petitioner could have with four lines of copy and a graphic versus two lines of copy and a graphic. Chairman Donnelly swore in Chuck Martin N641 Herrick Drive Wheaton, Illinois and Tony Shavola 6631 W. Albian Chicago, Illinois. Mr. Martin clarified that the copy on the message board will be one static image and will not change. He stated when he agreed to work with the development of Myers Place five years ago one of his concerns was the keeping Culvers visible from the road. Mr. Martin explained that part of the negotiations was to allow Culvers some additional signage that was not in the original Planned Unit Development from ten (10) years ago. He stated the amended PUD allowed him 100%rights to the corner sign on Busse and Dempster,and in turn he gave up one third(1/3) of the main entrance sign to Myers Place,and has two thirds of the sign off of Algonquin. Mr. Martin stated he built the restaurant behind the setback because they wanted to have a patio area where customers can sit and eat. He stated he never thought that the United would build such a huge building,which now creates no visibility for Culvers. Mr. Martin explained that business has been slower the past two years and he believes its because of the lack of visibility for the restaurant since both Myers Place and the United building have been established. Mr. Martin stated he feels the Busse and Dempster sign will have a significant impact on improving visibility and generating more customers for the restaurant. Mr. Martin further explained that Culvers has two menu board options available to use at its various locations. One is a forty six (46) square foot board and the other is a twenty five (25) square foot board. He stated he is requesting a variance for the forty six(46)square foot board because it is easier to read the menu options and is more graphically appealing with pictures of the meals offered. Mr. Martin stated he would appreciate the Village's support in this matter. Chairman Donnelly asked why the images on the electronic message board have to be changed every ten (10)seconds and not every thirty(3 0) seconds like the code requires. Mr. Martin stated the restaurant uses the message board to communicate the flavor of the day, daily specials, and special promotions which change each day. He explained the thirty (30) seconds doesn't allow potential customers to see everything that is available. Commissioner Mizwiki asked if the new menu board will help with visibility. Mr. Martin stated that the new menu board won't help much from a visibility standpoint it is basically an upgrade from the original one that is in place and will serve as a better indication as to what is available on the menu. Chairman Donnelly asked if the Petitioner would be installing a preview board in addition to the new menu board. Planning and Zoning Commission Meeting, April 24 2014 PZ-06-14 Chairman Joseph Donnelly Mr. Martin stated that Culvers corporate package includes it, but he is not asking for a preview board;just the single main menu board. Commissioner Youngquist stated that he feels it is important for a family restaurant the size of Culvers should have an extended menu board to accommodate the size menu. Chairman Donnelly asked if there were any more questions or comments for the Petitioner. Hearing none he closed the public portion of the hearing and brought the discussion back to the board. He explained the requests will be broken down and voted in four individual sections. Commissioner Beattie made a motion seconded by Commissioner Mizwiki to approve the following motion: 1) A Special Use to allow an electronic message center with a display period of less than thirty(30) seconds,as shown the attached exhibits dated March 20, 2014 and prepared by South Water Signs, subject to the following conditions: a. Providing a brick base that matches the brick used on the principal building; b. Providing a static display image; c. Providing a minimum display period often(10) seconds before changing; and d. Compliance with the standards for electronic message centers as listed in Section 7.330 (A)of the Sign Code." Hearing no additional comments roll call was taken. UPON ROLL CALL AYES: Kueter, Hinaber,Youngquist,Beattie,Mizwicki,Donnelly NAYS:None Chairman Donnelly stated the motion was approved 6-0. Commissioner Beattie made a motion seconded by Commissioner Youngquist to approve the following motion: 1) A Variation to allow an electronic message center with multiple colors, as shown the attached exhibits dated March 20, 2014 and prepared by South Water Signs, subject to the following conditions: a. Any text displayed on the message center shall be in a single uniform color. b. Up to two(2)images may be displayed in conjunction with the text and may be multiple colors. c. The total area occupied by the graphic(s) shall not exceed twenty five(25)percent of the overall electronic message center area. Hearing no additional comments from the board roll call was taken. UPON ROLL CALL AYES: Kueter, Hinaber,Youngquist,Beattie,Mizwicki,Donnelly NAYS:None Chairman Donnelly stated the motion was approved 6-0. Commissioner Beattie made a motion seconded by Commissioner Kueter to approve to the following motion: Planning and Zoning Commission Meeting, April 24 2014 PZ-06-14 Chairman Joseph Donnelly 2) A Variation to increase the number of lines of changeable copy from two(2)to four(4). Hearing no additional comments from the board roll call was taken. UPON ROLL CALL AYES: Kueter, Hinaber, Youngquist, Beattie,Mizwicki, Donnelly NAYS:None Chairman Donnelly stated the motion was approved 6-0. Commissioner Beattie made a motion seconded by Commissioner Hinaber to approve the following motion: 3) A Variation to increase the size of a menu board from thirty two(32) square feet to forty-six(46) square feet,as shown the attached exhibits dated 03/20/14 and prepared by South Water Signs." Hearing no additional comments from the board roll call was taken. UPON ROLL CALL AYES: Kueter, Hinaber,Youngquist, Beattie, Mizwicki, Donnelly NAYS:None Chairman Donnelly stated the motion was approved 6-0 and case PZ-06-14 was closed. Chairman Donnelly thanked Commissioner Hinaber for services as this was her last meeting, and introduced Nobert Mizwicki who has joined the board as a new Commissioner. Commissioner Beattie made a motion seconded by Commissioner Yongquist and the meeting was adjourned at 8:48 pm. Jenna Moder,Administrative Assistant Community Development Planning and Zoning Commission Meeting,April 24 2014 PZ-06-14 Chairman Joseph Donnelly