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HomeMy WebLinkAbout01/28/2010 P&Z minutes 26-09 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-26-09 Hearing Date: January 28, 2010 PROPERTY ADDRESS: 1060 S. Elmhurst Road PETITIONER : Alexian Brothers Health System PUBLICATION DATE: October 7, 2009 PIN NUMBER: 08-14-204-023-0000 REQUEST : Variation – Wall Sign MEMBERS PRESENT: Richard Rogers, Chair William Beattie Joseph Donnelly Leo Floros Ronald Roberts Keith Youngquist MEMBER ABSENT: Theo Foggy STAFF MEMBERS PRESENT: Consuelo Andrade, Development Review Planner Brian Simmons, AICP, Deputy Director of Community Development INTERESTED PARTY : Kimberly Zimmerman Chairman Richard Rogers called the meeting to order at 7:36 p.m. Mr. Youngquist made a motion to approve the minutes of the December 10, 2009 meeting; Mr. Floros seconded the motion. The minutes were approved 4-0; with Mr. Donnelly and Mr. Roberts abstaining. Chairman Rogers introduced Case PZ-26-09, 1060 S. Elmhurst Road, a request for a Variation – Wall Sign, at 7:39 p.m. Ms. Andrade stated the Petitioner for case number PZ-26-09 requested a Variation to increase the number of items for a wall sign for the Alexian Brothers facility located at 1060 S. Elmhurst Road. Ms. Andrade said the Alexian Brothers facility provides health care and hospital service under two separate entities. The first entity is Alexian Brothers Medical Center that provides diagnostic imaging services as an extension of their hospital radiology department and operates under the hospital structure. The second entity is Alexian Brothers Ambulatory Group which provides primary care and pediatric, occupational medicine, and immediate care physician services to patients. Ms. Andrade stated the existing signage for the Alexian Brothers facility is currently non-conforming to the Village Sign Code. Ms. Andrade showed pictures of the two wall signs on the front façade of the facility. The Sign Code permits only one wall sign per principal tenant or use. Staff researched the building permit files and zoning history and did not find record of a permit or a Variation issued for the second wall sign. Ms. Andrade said the Petitioner proposed to replace the existing signage with one wall sign containing thirteen (13) items of information on the façade. The Sign Code permits up to ten (10) items of information for a wall sign. Therefore, the Petitioner was seeking a Variation to increase the number of items from ten (10) to thirteen (13) for a wall sign. Richard Rogers, Chair PZ-26-09 Planning & Zoning Commission Meeting January 28, 2010 Page 1 of 4 Ms. Andrade showed a table that compared the Sign Code requirements to the Petitioner’s proposal. Per the Village Sign Code, the Community Development Director may authorize a wall sign up to three hundred (300) square feet if the building is setback 250 feet from the public right-of-way. The subject property is setback approximately 350 feet from the Elmhurst public right-of-way and therefore qualifies for a wall sign measuring up to 300 square feet. As proposed, the wall sign would measure 299.6 square feet. The Sign Code allows up to 10 items of information per sign. The Petitioner was requesting a Variation to increase the number of items from 10 to 13. Ms. Andrade stated that the Petitioner must follow federal regulations that require them to provide signage that is clear and distinct to the consumer. The regulations are intended to require the Petitioner to display to patients entering the facility the services that are available at that facility and the entity that is providing them. Patients should clearly identify the provider and would be billed accordingly to the services they receive. The Petitioner has made the distinction internally by changing the interior signage within the facility, and proposes to modify the exterior signage to accomplish the same as the interior distinction. Ms. Andrade said required findings for Sign Variations are contained in Section 7.725 of the Village Sign Code. The section contains specific findings that must be made in order to approve a Variation, including ? The hardship is created by unique circumstances and not serve as convenience to the Petitioner; ? 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. Ms. Andrade said the Alexian Brothers facility could reasonably be identified with one wall sign. However, due to the two separate entities that operate within the same location and the federal requirements the facility must adhere to, it is necessary to modify the existing signage to clearly identify the two entities that operate at that location. Both entities could not be reasonably identified under the provisions of the code if the sign was limited to only ten items of information. The proposed sign would clearly identify the two entities and services offered. The proposed sign would not negatively affect adjacent property owners and would not alter the commercial character of the neighborhood. Staff recommended that the Planning and Zoning Commission approve the Variation – Wall Sign for case number PZ-26-09. The Planning and Zoning Commission’s decision is final for this case. Chairman Rogers swore in the Petitioner, Kimberly Zimmerman, 3040 Salt Creek Lane, Arlington Heights, Illinois. Ms. Zimmerman stated in February 2009 that Alexian Brothers decided to break off physician services that used to be provided through the medical center in Elk Grove Village. The reason this was done was to reduce costs to the consumer. Ms. Zimmerman said the problem with doing this was the Medicare regulations for signage. Legal advice from the Petitioner’s attorney stated that “Alexian Brothers Medical Center” had to be listed on the wall sign to show that the MRI and CT were still owned by the hospital. And then the Alexian Brothers Medical Group was on the sign as well to clearly identify the two services from a billing standpoint. Ms. Zimmerman stated she has worked with Staff and the case presented was what attorneys for the Petitioner and the Village Staff were able to agree on. She said if the attorneys were not comfortable, the hospital system could have risked Medicaid and Medicare funding. Ms. Zimmerman said removing three items from the sign would compromise the Alexian Brothers’ brand. Chairman Rogers stated that the Planning and Zoning Commission has seen several different options presented of the signage for Alexian Brothers over time. He did not have a problem with the current proposal, but did state Richard Rogers, Chair PZ-26-09 Planning & Zoning Commission Meeting January 28, 2010 Page 2 of 4 there are three additional elements and the Commission tries to avoid setting precedent of having more than one sign. Mr. Donnelly asked if the Alexian Brothers symbol was a requirement of the Federal Government or if it was something for identification purposes. Ms. Zimmerman said it is the crest of the Alexian Brothers Foundation of America. The Petitioner would like to keep this on the sign for identification purposes. Mr. Donnelly asked if the lettering on the sign could be centered. Ms. Zimmerman stated that she would be willing to place the text where it is aesthetically desirable. Chairman Rogers said he saw a hardship here due to the location of the Bank of America in front of the subject property. It was difficult to see the building, much less the sign, from the Road. Commissioner Roberts agreed by saying that there was no line of sight driving north bound. Mr. Donnelly confirmed with Staff that if the Petitioner had two doors with a wall between, the Petitioner would be then entitled to two signs. Ms. Andrade confirmed that was correct. Mr. Roberts applauded Alexian Brothers for keeping its facility within the Village due to the importance of having this care center for residents. He respected Staff’s recommendation and opinions for approval. Mr. Beattie asked the Petitioner about the two different entities being clarified. He asked if the Petitioner could only identify the two entities via the wall signage. Ms. Zimmerman said the Medicare explanation is in a gray area, which is why they obtained a legal opinion. The Petitioner would have been happy if they could just list the medical center and medical group on one sign, but their attorneys stated the outside signage is the only way to distinguish itself from an outsider coming into the facility. Ms. Zimmerman stated that different services would be noted on paperwork and forms customers receive from the facility. Mr. Roberts asked if this signage was consistent with the other Alexian Brothers facilities. Ms. Zimmerman said that the signs have been changed at all of its off sight facilities. There was additional discussion why the Petitioner was changing its signs and the benefits the signage would have to consumers visiting the site. Chairman Rogers was appreciative of the Petitioner working with Staff. Mr. Roberts discussed the positives of reinvesting in the subject property’s shopping center. Chairman Rogers asked if there was anyone else in the audience to address this case. Hearing none, he closed the public portion of the case at 7:55 p.m. and brought the discussion back to the board. Mr. Floros made a motion to approve a Variation request to increase the number of permitted items from ten (10) to thirteen (13), as shown on the petitioner’s exhibits, for the property at 1060 S. Elmhurst Road, subject to the conditions of approval listed in the staff report. Mr. Donnelly seconded the motion. UPON ROLL CALL: AYES: Beattie, Donnelly, Roberts, Youngquist, Floros, Rogers NAYS: None Motion was approved 6-0. The Planning and Zoning Commission’s decision was final for this case. Richard Rogers, Chair PZ-26-09 Planning & Zoning Commission Meeting January 28, 2010 Page 3 of 4 Mr. Donnelly made a motion, seconded by Mr. Beattie, to adjourn at 7:57 p.m. The motion was approved by a voice vote and the meeting was adjourned. ________________________________________ Ryan Kast, Community Development Administrative Assistant Richard Rogers, Chair PZ-26-09 Planning & Zoning Commission Meeting January 28, 2010 Page 4 of 4