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ZBA Minutes 2006 08-08-06 Page 1 of 8 PPROVED 9/6/06 UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS MEETING Tuesday, August 8, 2006, 7PM City Conference Room Board Members in Attendance Bill Davis Harold Feltz Mike Skinner Ryan Woods Ralph Pfister Ben Moe Other City Staff in Attendance Anna Kurtzman, ICCI Travis Miller, Community Development Director(approx.9:45 following city Council meeting) Guests: Paul Bertie, Wal-Mart Katie Cunningham, Gardner, Carton &Douglas (Wal-Mart) Chuck Gilmore, Atwell-Hicks/Wal-Mart William Woodward, KLOA(traffic engineer) John Waggoner, Wal-Mart (PB2) Richard Hayes, Wal-Mart (PB2) The meeting was called to order at 7:00pm by Chairman Bill Davis. Roll call was taken and a quorum was established. Previous Meeting Minutes July 5, 2006 Ryan Woods and Mike Skinner respectively moved and seconded to approve the minutes as read. Old Business: On a motion and second by Mike Skinner &Harold Feltz, Old Business 2006-41 was opened. Carried on a voice vote. Ms. Kurtzman said that this is a continuation of the request from July(variance requests for Wal-Mart) and Mr. Davis so noted. Ms. Katie Cunningham then introduced herself as an attorney with Gardner, Carton & Douglas from Chicago on behalf of Wal-Mart and Atwell-Hicks, engineers for Wal-Mart. She introduced the others present. Page 2 of 8 Paul Bertie of Atwell-Hicks reviewed 2 parking and 3 signage variances being requested at this meeting: 1. Variance to maximum width of a drive entrance to a site, from 25 feet to 36 feet. He said 25 feet is for a residential driveway. 2. Variance to standard parking stall dimensions from 19 feet x 9 feet for angled parking and 8 feet x 18.5 feet for straight parking TO 9.5 feet x 18.5 feet in the customer-preferred angled parking. 3. They are requesting 3 rather than 2 signs for their comer lot. Two would be "Wal-Mart Supercenter, open 24 hours" signs and one directional. 4. Sign height being requested is 30' tall, 10' taller than allowed. 5. Requesting 140 square feet rather than 100 square feet allowed on signs Mr. Bertie also demonstrated where the signs would be located and said 2 would be at the entrances, while the 3`d is a 20-foot tall directional sign for Tire & Lube Express. John Waggoner, Sr. Design Architect then addressed the committee. He is requesting the following: 1. A variance in the height of the building from 30.8 feet to 41.8 feet due to the articulation of the entrances. 2. A variance in the number of directional signs on the building facade. The committee then discussed the requests. Mr. Skinner asked about similar requests on other Wal-Mart projects. Mr. Bertie answered that in the surrounding states where Wal- Mart projects have been completed, no variance requests have been disapproved. He added that Wad-Mart has two types of signs: the pole signs and the monument signs. Mr. Skinner noted that the height of the building is already going to be taller than normal and he is in favor of a monument style sign. The outlot buildings will not be as tall as the Wal-Mart and those buildings would be limited to a height of 35 feet. The surrounding zoning was discussed and Ms. Kurtzman said there is a request coming before the Plan Commission to zone all of the property being discussed, as commercial. Due to the number of variance requests, Chairman Davis suggested that the committee should consider each one separately. The first one discussed was the variance for the building height. Mr. Feltz asked if the Fire Department could service a building this height; they can service up to 5 stories. The next consideration was the variance for the number of free-standing signs from 2 to 3 signs. Mr. Woods recommended the monument signs at the entrances and also lowering the tire and lube sign by 10 feet. There was further discussion of sign heights and related visibility. It was noted that the signs wil l be more difficult to see once the area is more developed and that Wal-Mart is creating that situation by selling the outlots. Speed on Rt. 34 is also a factor in the visibility of the signs. Page 3 of 8 A motion was made by Ryan Woods and seconded by Ralph Pfister to close the Public Hearing. Carried on a voice vote. New Business: Harold Feltz moved and Ben Moe seconded to enter into New Business. Carried on voice vote. The following comments regarding the signs were made by committee members: there are many signs between the building and pole signs, visibility is not an issue. Local people will know where Wal-mart is located, signs are for benefit of out-of-town visitors, should not go against standards in place Chairman Davis asked Mr. Bettie about the parking stall size changes. Customers prefer angle parking and the ease of maneuvering carts between cars parked in this manner. It was noted that there will be more paving with angle parking and therefore more water to collect there when it rains, however, there will be a retention pond for drainage. The building height was addressed again and Ms. Kurtzman said there is nothing in the code regarding the height as it pertains to final approval. The committee agreed to recommend the height variance request. Mr. Davis suggested the height could be tied to the monument signs. He said the size of the building and fagade has visual awareness, thereby negating the need for the pole signs. He added that the ZBA committee is looking at a shift to erect all monument signs and noted that Montgomery is asking their businesses to remove pole signs over a 2-year period. Mr. Bertie said he would be comfortable with 15 foot signs, except for the tire and lube sign and he requested that it not be a monument sign. A bricked-in pole sign was also suggested and Menards' sign was cited as an example. Mr. Moe said a pole sign would be ok providing it were made more appealing and to not allow the tire and lube sign could create a hardship. Several committee members said 15 feet was too high for this sign and that it should not be any higher than IDOT uses for directional signs. The tire and lube sign was also mentioned as presenting too much clutter, however, it was noted that this sign is considered directional. There was no further discussion in New Business so Ms. Kurtzman said it would be appropriate to review the Finding of Fact and she briefly reviewed each of the variance requests; the first 3 being zoning requests and the last 4 are signage requests. The variance requests were discussed in the order they appeared on Ms. Kurtzman's memo included in the agenda packet and are as follows: Page 4 of 8 1. Increase the maximum height of a principal building from 35 feet to 41 feet 8 inches (Section 10-7D-6). 2. Increase the maximum width of a curb cut from 25 feet to 36 feet(Section 10-11- 3:E) 3. Reduce the length of a parking stall from 18.5 feet for 90 degree parking stalls and from 19 feet for 60 degree parking stalls to 18 feet (Section 10-11-3:C) FINDING OF FACT [for zoning]: 1. ...any unique physical property of the land involved? Comments: Wal-mart could follow strict letter of ordinance,but these requests are to suit Wal-Mart's needs. 2. ...conditions.. are unique to property and not applicable to other properties... Comments: Each property is unique, property is on a comer 3. ...difficulty not created by any person having interest in property.. Comments: Alleged hardship is created by Wal-Mart, not past title-holders,hardship by design of property 4. ...granting of variation not detrimental to public welfare.. Comments: wider turn lanes and parking stalls would be helpful,height could be visual nuisance, but no public objecting that it is detrimental 5. ...proposed variation does not impair adequate supply of air... Comments: no public present saying this variation diminishes property values Recommendations on Vt three zoning requests: 1. Mr. Woods moved to accept variance for maximum height of the principal building from 35 feet to 41.8 feet. Chairman Davis added to this recommendation that the height is being allowed, but balanced with the signage. Mr. Skinner seconded,then added that there was no consensus about the signs yet. It was suggested that there be an addendum to the Council regarding the signage. The motion was then rephrased to exclude the signage portion. Mr. Skinner seconded the amended motion. On a roll call vote, the motion carried unanimously. 2. Ryan Woods then moved to increase the maximum width of the curb cut from 25 feet to 36 feet and Harold Feltz seconded. Motion carried on a unanimous roll call vote. 3. It was moved and seconded by Mr. Woods and Mr. Moe respectively,to reduce the length of the parking stalls from 18.5 feet for 90 degree parking stalls and from 19 feet for 60 degree parking stalls to 18 feet. Carried unanimously on a roll call vote. Page 5 of 8 Remaining 4 variance requests: 4. Have a free-standing sign located interior to the lot (Section 8-11-4-C2 stipulates that signage is to be located along the perimeter of the property) 5. Increase the maximum height of a free-standing sign from the allowable 20 feet to 30 feet for two signs (one at the southeast corner of property adjacent to Route 34 and one along Countryside Parkway) (Section 8-11-4-C2) 6. Increase the maximum allowable area of a free-standing sign from 100 sq. It to 140.5 feet for two free-standing signs (Section 8-11-4-C2) 7. Increase the number of signs located on a fagade from the maximum allowable of 2 per fagade (total maximum of 4) to 19 along the south fagade, 5 along the east fagade and 8 along the west fagade(Section 8-11-4-C3a) FINDING OF FACT [for signage): 1. ...any unique physical property of the land involved... Comments: not unique, it is comer lot 2. ...available locations for signage on this property... Comments: very adequate 3. ...effect of proposed sign on pedestrian and motor traffic.. Comments: All traffic will be able to see signs based on board's recommendations 4. ...cost to applicant ofcomplying...as opposed to detriment Comments: not an issue 5. ...detriment to public from granting of variance Comments: granting this variance would be doing disserve to City by allowing so much signage 6 ...general intent of chapter... Comments: to keep signage under control Recommendations on remaining 4 variance requests: 1. A recommendation was made by Woods to accept free-standing sign located interior of lot(the 3`d sign). Pfister seconded that recommendation. The roll call vote was split evenly. 2. A new motion was made by Pfister to accept a free-standing sign located interior to the lot, to be located along the perimeter of the property. Second by Woods. Motion did not carry on a roll call vote. Page 6 of 8 3. Another motion was made by Woods to accept the maximum height of the free- standing height from the allowable of 20 feet to 30 feet for 2 signs. Second by Skinner. Motion did not carry on a roll call vote. 4. Motion by Woods to increase the maximum allowable area of a free-standing sign from 100 sq. ft. to 140.5 sq. ft. for 2 free-standing signs. Second by Pfister. Not carried on a roll call vote. 5. Motion by Woods to increase number of signs located on a fagade from maximum allowable 2 per fapade to signage based on exhibit by PB Engineering of April 7`s, later revised on May 17, 2006. Second by Moe. Roll call vote carried unanimously. Mr. Skinner then asked to address the guests. He said the Board has a responsibility to the Yorkville citizens to create a more appealing look in signage, but a compromise is needed from Wal-Mart. He added that the signs reflect the look of their signs 15 years ago, but there is a new type of consumer. He asked each Board member to state their opinions on the signs. The following comments were made: 1. Suggestion of 100 sq. ft. monument sign for perimeter,matching brick on building, no higher than 8 feet, prefer interior illumination, accept 3`d sign as monument sign at 32 sq. ft., height of 8 feet from curb 2. Carry design of building to monument sign with capstone, exterior lighting, height of 8 feet from curb, same for tire/lube sign-no lighting 3. Prefer taller signs-same signs as in past 4. Likes large brick base with sign on top, pillars to match building, ok with 100 sq. ft., 8 ft. high, overhead lighting, 16 sq. ft on 3`d sign, 8 ft. high 5. Tire &lube sign too high at 30 feet, 20 foot sign is ok with pillars, 3`d sign not as effective at 8 ft. and needs to have brick around to conform to building Mr. Waggoner added that the monument signs would utilize lighting from above for ease of maintenance, to reduce vandalism and to maintain a subdued look. Mike Skinner then made a recommendation: 2 perimeter signs of monument style, matching brick to reflect style of building including brick column,to be no higher than 8 feet above top curb, 100 sq. ft maximum square feet of signage, overhead illumination. Second by Woods. There was a brief discussion and Skinner withdrew that motion. Mr. Davis asked the petitioner for their opinion and Mr. Bertie said he would need to consult with Wal-Mart. Page 7of8 Mr. Skinner then reintroduced his recommendation and Mr. Woods seconded. It was noted by Mr. Feltz that it was acceptable to not have a unanimous vote since the Council will make the final decision. Ms. Kurtzman added that there could be a final vote with all the requests tied together. Roll call was taken on Skinner's motion. Motion passed, however, not unanimously. A recommendation was made regarding the tire and lube sign. Woods moved that it be monument style, matching brick, maximum 32 sq. ft., 8 ft. height from top of curb. Second by Skinner. Passed on roll call vote, but not unanimously. Mr. Woods made a final recommendation: tie together the recommendations of the perimeter signs as well as interior signs with the original variance request#1 and original #7 as a total package [height of building &number of signs] as a compromise for granting variances that exceed the standards. Skinner seconded. Motion carried on a roll call vote with Feltz abstaining. On a motion by Pfister and second by Feltz,New Business was closed. Carried on a voice vote. Additional Business: Additional business opened on a motion and second by Pfister and Skinner. Carried on a voice vote. 1. Sign Ordinance Update— Verbal presentation by Ms. Kurtzman Ms. Kurtzman said the City has hired an Urban Planner and one of his first duties will be to draft a sign code. She had samples from Montgomery and Oswego to be given to the Planner and Ms. Kurtzman will be working with him. She added that the sign code is not part of the zoning code so a Public Hearing is not required, but the draft will be presented to the Zoning Board for their opinion. (Mr. Miller joined meetingfollowing City Council) Mr. Miller stated the staff members had drafted a survey regarding the sign ordinance, out of concern for maintaining high standards. Mr. Skinner recommended that Yorkville determine a policy independent of neighboring towns. The policy should provide for pleasing signs and set the standards for other towns. Mr. Pfister concurred with this opinion. Skinner also suggested that signage should not be tied into or based on a P.U.D. Pleasing, effective and lower height were some of the desirable signage characteristics suggested to Mr. Miller. He cautioned that any changes put in place should be well- thought out to anticipate challenges. Page 8 of 8 The next meeting will be held on September 6. Prior to the meeting, Mr. Miller will provide a draft of the sign ordinance in the packets to allow time to review. Woods moved and Feltz seconded to close Additional Business. Carried on voice vote. A motion to adjourn was made by Woods and seconded by Skinner at 10:07pm. Minutes respectfully submitted by Marlys Young, Minute Taker