ORDINANCE NO GRANTING A VARIATION FROM THE BUFFALO GROVE SIGN CODE. Twin Rinks Ice Pavilion 1500 Abbott Court

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1 6/14/2011 ORDINANCE NO GRANTING A VARIATION FROM THE BUFFALO GROVE SIGN CODE Twin Rinks Ice Pavilion 1500 Abbott Court WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the real property ( Property ) hereinafter legally described is zoned in the I- Industrial District, is commonly known as 1500 Abbott Court, and is occupied by the Twin Rinks Ice Pavilion; and, WHEREAS, request is being made by White Way Sign & Maintenance Co. on behalf of the owner of the Property, Ice Associates, LLC, for variance of the Village s Sign Code, Section , pertaining to Changeable Copy Signs, for the purpose of replacing the existing manual changeable copy portion of the existing sign on the Property with a LED digital display; and WHEREAS, the Zoning Board of Appeals held a public hearing, received testimony, prepared minutes, made certain findings, and made an affirmative recommendation on the said request for variations; and WHEREAS, the Corporate Authorities of the Village of Buffalo Grove, hereby determine and find that the variation requested for the changeable copy ground sign is in harmony with the general purpose and intent of the Sign Code (Title 14 of the Buffalo Grove Municipal Code), and that (1) the requirements of the Sign Code would cause undue and unnecessary hardship to the sign user because of unique or unusual conditions pertaining to the Property, (2) the granting of the requested variance will not be materially detrimental to the property owners in the vicinity, (3) the unusual conditions applying to the specific Property do not apply generally to other properties in the Village, and (4) the granting of the variance will not be contrary to the general objective of the Sign Code of moderating the size, number and obtrusive placement of signs and the reduction of clutter. 1

2 NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. The preceding WHEREAS clauses are hereby adopted by the Corporate Authorities and made a part hereof. Section 2. A variation is hereby granted to Section of the Village Sign Code (Title 14 of the Buffalo Grove Municipal Code) for the purpose of replacing the existing manual changeable copy portion of the existing sign on the Property with a LED digital display; on the Property legally described as follows: Lots 1 and 2 in Twin Rinks Ice Pavilion, being a Subdivision of part of the northeast quarter of Section 28, and the northwest quarter of Section 27, Township 43 north, Range 11, east of the Third Principal Meridian, according to the Plat thereof recorded, November 7, 1996 as Document , in Lake County, Illinois. Commonly known as 1500 Abbott Court,, Buffalo Grove, IL Section 3. The variation is subject to the following conditions: A. The sign shall comply with Zoning Board of Appeals Exhibit E which was submitted with the application for variation, B. Screen changes at no less than twenty (20) second intervals, C. All colors shall be allowed on the digital display, D. The graphics on the sign shall be limited to team logos that utilize the Twin Rinks Ice Pavilion, E. The hours of operation of the sign shall be 6:00 a.m. to 12:00 a.m. with the digital display being static after 10:00 p.m., F. The sign is limited to the promotion of the Twin Rink Ice Pavilion activities with no advertisement of products or services, G. Three (3) lines of copy between the hours of 6:00 a.m. and 10:00 p.m. and four (4) lines of copy from 10:00 p.m. to 12:00 a.m. H. The light intensity level shall be not more than 7,500 nits during the day and not more than 500 nits at night, and 2

3 I. The nit level is to be reduced below 500 nits after 10:00 p.m. if the Village, in its sole discretion, deems it necessary. J. The variations approved herein are only granted to Ice Associates, LLC and shall not run with the land and are not assignable. Section 4. This Ordinance shall be in full force and effect from and after its passage, and approval, subject to execution by the Ice Associates, LLC of the Acceptance and Consent Agreement attached hereto as Exhibit A, incorporated herein and made a part hereof and the filing of said Acceptance and Consent Agreement with the Village prior to the issuance of any Village permit for the subject sign. This Ordinance shall not be codified. AYES: NAYES: ABSENT: PASSED:, APPROVED:, APPROVED: ATTEST: Village President Village Clerk F:\docs\clients\103\1001\ORD\ DOC 3

4 EXHIBIT A ACCEPTANCE AND CONSENT AGREEMENT The undersigned, Ice Associates, LLC an Illinois corporation, does hereby accept and agree to abide by the provisions, requirements, and conditions contained within Village Ordinance No and does hereby acknowledge that the fulfillment of such provisions, requirements, and conditions is essential to the grant and continuance of the sign variations allowed therein and that but for the imposition of such provisions, requirements, and conditions, the sign variations would not have been granted. The commitment herein made by the undersigned shall be enforceable by the Village of Buffalo Grove, Illinois, in a court of law or in equity in addition to any and all other remedies available to the Village to secure compliance with the provisions, requirement, and conditions agreed to herein. SUBSCRIBED AND SWORN TO before me this day of, Notary Public Ice Associates, LLC By: Print name and title Signature 4

5 1500 ABBOTT COURT, TWIN RINKS ICE PAVILION SIGN CODE, SECTION , VILLAGE BOARD DEFRREAL BACK TO THE ZBA FOR APPEAL OF THE ZBA DECISION TO DENY THE REQUEST Mr. Tom Wood, White Way Sign Company, 451 Kingston Court, Mount Prospect, Illinois 60056; Ms. Jessica Heath-Bolden, White Way Sign Company, 451 Kingston Court, Mount Prospect, Illinois 60089; and Mr. Gary Pivar, Twin Rinks Ice Pavilion, 1500 Abbott Court, were present and sworn in. Ch. Entman explained that after the Petitioners spoke with the Village Board they recommended that the Petitioner come back to the ZBA. Updated materials were distributed to the ZBA; an dated May 13, 2011 from Jessica Heath-Bolden to Brian Sheehan; a letter dated May 12, 2011 from Gary Pivar to the Village of Buffalo Grove; and a memorandum dated September 25, 2007 from the U.S. Department of Transportation Federal Highway Administration. Mr. Wood explained that after speaking with the Village Board, they obtained new information from the Federal Highway Administration. He provided the memorandum as to how they recommend changing electronic message signs. This is based on studies that they conducted on highway traffic and speeds and different letter sizes. One item is a memo that on page 2 of 3 discusses duration of messages on highways. Duration of each message display is generally between four (4) and ten (10) seconds, eight (8) seconds is recommended. The duration between the display of two (2) phases of messages should not exceed.3 seconds. They recommend using four (4) to five (5) words per phase or per slide. They also recommend that there are no more than four (4) pieces of information. Mr. Wood stated that Mr. Pivar is willing to abide by those terms. They are looking to do static graphics on the sign as well, such as logos for high school teams or other different graphics depending on what is going on at the ice rink. The change rate between displays that they are asking for is ten (10) seconds. That is based on some of the information that they provided and that they did not have at the last ZBA meeting. After speaking with the Village of Buffalo Grove, he had sent someone out to take a look at the Village of Mount Prospect sign. The light levels there were about 1,000 nits at night and 7,500 nits during the day. He also brought a demo electronic message center to show the ZBA differences in nit levels. They will abide by what the Board recommended which is 500 nits at night and 7,500 nits during the day as a maximum. Mr. Wood reiterated that the idea was to amend the existing variance because they are having an issue getting the information out of all the aspects that go on with an ice rink including information regarding ice shows, adult hockey, kids hockey, club hockey, high school hockey, etc. There are two (2) rinks with the facility not to mention skate sharpening and the pro shop. They have a party room as well. The purpose of the sign is to put messages out to the public to let them know that the rink exists and what is going on within the facility. The project was first discussed when last year the Blackhawks won the Stanley Cup. They were trying to grasp onto the hockey rage in this area. DRAFT MINUTES ZONING BOARD OF APPEALS MAY 17, 2011

6 Mr. Raysa asked Mr. Wood if there is an instrument that actually measures a nit. Mr. Wood replied that there is, it is called a photometer. You hold the instrument about a foot away from the sign to measure the nit level. Nits are measured in candelabra per square meter from a distance of one (1) meter away. A candelabra is like the arm of a menorah. The measurement is the amount of candle brightness levels. When you say 7,500 nits it is like having 7,500 nits in a candle from a distance of one (1) meter away. The further away you are the level of nits would be less because as you get further away it gets dimmer. Ch. Entman stated that he knows that the Village Board has certain comments, questions, recommendations or suggestions. He would to review them to see if the Petitioner has addressed them. He noted that at least four (4) of the Trustees supported a twenty (20) second time interval. The Petitioner is proposing ten (10) seconds. One (1) Trustee was of the opinion that the Appearance Review Team (ART) recommendation was in order, which called for thirty (30) second time interval between screen changes. The petitioner is proposing 7,500 nits during the day and 500 nits at night. It was requested to set up a digital display at the site. Then the Village received communication that said that the sign company s onsite digital display was not available. Mr. Wood stated that he brought a demo digital display to the meeting. Ch. Entman stated that he believed that there was a comment at the Village Board meeting regarding providing some type of overlay that would show how the sign lighting would affect the surrounding neighborhood. Mr. Wood stated that he provided a light intensity reference sheet initially. Ch. Entman asked about limiting the color to one (1) color. Mr. Wood stated that he explained at the last meeting that when you have a sign it can get monotonous. Mr. Wood presented an electronic demonstration of what the sign would look like with screen changes at ten (10) second intervals. The demonstration will show how colors can separate the messages. If the messages are all white it becomes difficult to distinguish one (1) message from another and is difficult to read. The demonstration included text and logos. They had calculated how fast a car would be moving as well as looking at the angles that the sign has. Typically a sign has a viewing angle of approximately one hundred forty (140) degrees. Based on the information from the Federal Highway Administration they do not want more than two (2) screens for the same message with trying to use less than four (4) pieces (words/logos) per screen. The demonstration also showed how difficult it is separate messages when they are all one (1) color. It would be nice distinguish between messages. That is the benefit of colors. Colors also help with graphics as well. Ch. Entman asked the Petitioner to clarify what exactly is being proposed. Mr. Wood stated that the sign would comply with the nit levels that the Village imposes. They also agreed to have static graphics. They would make the message static at 10:30 p.m. The sign would not change from 10:30 p.m. on. The sign turn off at 1:00 a.m. The nit levels would be lowered after 10:30 p.m. if that is something that the Village would require. The sign has to compete with the sun during the day and ambient light at night. They are asking for ten (10) second screen changes. DRAFT MINUTES ZONING BOARD OF APPEALS MAY 17, 2011

7 Com. Windecker advised that the memorandum from the Federal Highway Administration states in part: The purpose of this memorandum is to provide guidance to Division Realty Professional concerning off-premises changeable message signs adjacent to routes subject to requirements for effective control under Highway Beautification Act (HBA) codified at 23 U.S.C He added that Weiland Road is not a Federal highway. He added that there is another study published that recommends twenty (20) seconds between screen changes. The hours of operation of the sign that were previously discussed were 6:00 a.m. to 10:00 p.m. with the screen changes and 10:00 p.m. to 1:00 a.m. with the sign static. Mr. Wood stated that they agree to that and they are also willing to dim the sign from 10:00 p.m. to 1:00 a.m. Com. Windecker stated that during the ART meeting it was discussed that the messages would be limited to Twin Rink activities only with no advertising of products or services. Mr. Wood stated that they will limit the messages to activities that occur on the premises. Com. Windecker stated that he does not want the sign to advertise any products or services. Mr. Wood agreed. Com. Windecker asked if they will limit the logos to the teams that utilize Twin Rinks only. Mr. Wood agreed. Com. Windecker asked Mr. Sheehan if the Village had received any comments from the residents surrounding the facility. Mr. Sheehan stated that the Village sent out an expanded mailing and he has not received a single call. Com. Windecker stated that he believes that everything that was discussed at the Village Board has now been covered except the number of lines of copy. He stated that he would like to see the sign limited to three (3) lines of copy. Mr. Wood stated that three (3) lines of copy are what is recommended by the Federal Highway Administration. Mr. Pivar inquired about when the sign goes static having four (4) lines of copy. Com. Windecker stated that he would not have an issue with that. Com. Cesario stated that it seems to him that the only major issue is the changing rate of messages. He stated that is something that should be easy to address. It seems that there is strong support from the Village Board to support a change rate of twenty (20) seconds. He understands that is not what the Petitioner wants. Someone driving by will get one (1) or two (2) screens depending on where they are in the cycle. It seems like ten (10) second screen changes is similar to eight (8) second screen changes and eight (8) seconds did not have a lot of support. This is not a highway. He asked the Petitioner if they would be amenable to requesting twenty (20) second screen changes and then coming back to the Board if there is a change of circumstance, if Weiland Road expands or if the Petitioner s experience is excellent. If nobody complains over a couple of years he believes that would diffuse a lot of concerns. Mr. Pivar asked if there have been a lot of complaints with the JCYS sign changing every five (5) seconds. Com. Cesario stated that he saw the reference to that sign in the minutes and there is still the issue of eight (8) seconds versus twenty (20) seconds. Mr. Pivar asked that if the characteristics of Weiland Road changes and there have no been any complaints coming back in a couple years and asking for ten (10) second screen changes. Mr. Pivar stated that he is amenable to that. DRAFT MINUTES ZONING BOARD OF APPEALS MAY 17, 2011

8 Com. Shapiro stated that ten (10) second screen changes does not seem unreasonable to him. He asked to see what 500 nits would look like. Com. Lesser would also like a demonstration of the light intensity. Mr. Wood started the demo sign for the ZBA. He advised that the daytime light levels will look extremely bright because there is no sun. Even the mid range levels will look very bright. Light gets dim as you get a distance away but with LED s as you get to an angle, the light gets dimmer as well. Com. Lesser asked Mr. Wood if there is a way to have a sensor built into the sign to adjust the nit level based on whether it is a sunny day or a cloudy day. Mr. Wood stated that he is not aware of anything like that being available. Com. Steingold asked the Petitioner what the hardship is, other than advertisement that is being experienced. Mr. Pivar stated that he is trying to the message out to the public. The current sign they have is very difficult to change information on in a timely matter. It is also hard to read because they are limited to the size font that fits into the tracks of the changeable letters. Com. Steingold asked what the size of the lettering would be on the digital display sign. Mr. Wood stated that it would be a minimum of eight (8) pixels, which would be between six (6) and seven (7) inch letters. You can technically put six (6) lines of copy on the sign but he recommend using ten (10) to eleven (11) inch letters for visibility purposes. Then you can get three (3) lines of copy. A bolder letter is easier to read then a thinner letter. Arial font would be easier to read then Times New Roman. Com. Steingold asked what the size of the letters are on the current sign. Mr. Wood stated the they are six (6) inches currently. Ch. Entman stated that he is not sure exactly what the Petitioner is asking for at this point. He asked the Petitioner to review their amended request in detail for the ZBA. Mr. Wood stated that the Petitioner has amended their request as follows: To allow all colors; to limit the graphics to team logos; the sign would be static after 10:00 p.m.; the sign would be turned off at 1:00 a.m.; the night time light intensity level would be 500 nits and day time 7,500 nits; they are willing to reduce the night time nit level to below 500 nits after 10:00 p.m. if the Village deems it necessary; screen changes at twenty (20) second intervals; three (3) lines of copy and four (4) lines after 10:00 p.m.; no advertisement of products and services; and the logos would be limited to the sports teams that utilize the rink. Com. Lesser asked if the Petitioner would be willing to turn the sign off at midnight instead of the 1:00 a.m. Mr. Pivar agreed to turn the sign off at midnight. There were no further questions or comments from the Commissioners. There were no questions or comments from the audience. Com. Windecker made the following motion: DRAFT MINUTES ZONING BOARD OF APPEALS MAY 17, 2011

9 I move we recommend to the Village Board to grant the amended request made by Twin Rinks Ice Pavilion, 1500 Abbott Court, for variance for Sign Code, Section , pertaining to Changeable Copy Signs, for the purpose of replacing the existing manual changeable copy portion of the ground sign with an LED digital display. The variance is subject to the following: 1. Pursuant to Exhibit E submitted with the application; 2. Screen changes at twenty (20) second intervals; 3. To allow all colors on the digital display; 4. To limit the graphics to team logos that utilize Twin Rinks Ice Pavilion; 5. The hours of operation would be 6:00 a.m. to 12:00 a.m. with the sign being static after 10:00 p.m.; 6. The sign is limited to the promotion of Twin Rink Ice Pavilion activities, no advertisement of products or services; 7. Three (3) lines of copy between the hours of 6:00 a.m. and 10:00 p.m. and four (4) lines of copy from 10:00 p.m. to 12:00 a.m.; 8. The light intensity level would be 7,500 nits during the day and 500 nits at night; and 9. The nit level to be reduced below 500 nits after 10:00 p.m. if the Village, in its sole discretion, deems it necessary. Com. Shapiro seconded the motion. Roll Call Vote: AYE Cesario, Windecker, Lesser, Shapiro NAY Steingold, Entman ABSTAIN None Motion Passed 4 to 2. Item to appear on the June 20, 2011 Village Board agenda. DRAFT MINUTES ZONING BOARD OF APPEALS MAY 17, 2011

10 ZONING BOARD OF APPEALS VILLAGE OF BUFFALO GROVE, ILLINOIS FINDINGS OF FACT ON VARIATION OF SIGN CODE THE BUFFALO GROVE ZONING BOARD OF APPEALS HEREBY MAKES THE FOLLOWING FINDINGS OF FACT AND CONCLUSIONS: I. THE SUBJECT PROPERTY: A. Applicant: Twin Rinks Ice Pavilion B. Location: 1500 Abbott Court C. Zoning District: I Industrial District D. Type of Sign: Changeable copy LED digital display E. Characteristics of Sign (including size): 3 4 high by 12 wide, to replace the existing manual changeable copy portion of the existing ground sign. F. Lot Characteristics: Irregular rectangular shaped lot located at the northeast corner of Weiland Road and Abbott Court. II. CHARACTERISTICS OF THE SURROUNDING AREA: North Unincorporated Lake County South Industrial District East - Unincorporated Lake County West - R4 Single Family Residential III. VARIATION SOUGHT: Sign Code, Section , pertaining to Changeable Copy Signs, for the purpose of replacing the existing manual changeable copy portion of the ground sign with a LED digital display. IV. EXHIBITS DEPICTING VARIATION: A. Exhibit A Site plan B. Exhibit D Letter dated September 30, 2010 C. Exhibit E: - Proposed sign color rendering D. Exhibit F - Photograph of existing ground sign E. Exhibit J Part of previous ordinance for existing sign F. Exhibit K Letter dated December 18, 1996 G. Exhibit L Side view of existing sign H. Exhibit M Front view of existing sign I. Exhibit N - Document explaining the need for the eight (8) second Draft Findings of Fact Twin Rinks, 1500 Abbott Court May 17, 2011 Page 1 of 3

11 screen changes J. from Jessica Heath-Bolden to Brian Sheehan dated May 13, K. Letter from Gary Pivar to the Village of Buffalo Grove dated May 12, L. Memorandum from the U.S. Department of Transportation Federal Highway Administration dated September 25, V. VILLAGE ENGINEER S REPORT Village Engineer s memorandum addressed to Brian Sheehan dated November 8, 2010 states: I have no comments. VI. VARIATION POWER & CRITERIA: Sign Code, Section , Sub-section B VII. PUBLIC HEARING: After due notice as required by law, a copy of said publication notice being attached hereto as Exhibit C, the Zoning Board of Appeals held a public hearing regarding the proposed variance on Tuesday, May 17, 2011 at the Village Hall, 50 Raupp Blvd., Buffalo Grove, IL at 7:30P.M. The applicant, Mr. Gary Pivar, President, Twin Rinks Ice Pavilion, testified at the hearing and presented documentary evidence. The following individuals testified on behalf of the applicant: Mr. Tom Wood and Ms. Jessica Heath-Bolden, White Way Sign Company, 451 Kingston Court, Mount Prospect, Illinois. The following objectors appeared at the hearing: None The following sent written objection prior to the hearing: None Attached hereto and made a part hereof as Exhibit J are the minutes of the Zoning Board of Appeals meetings held on Tuesday, May 17, VIII. FINDINGS: The Zoning Board of Appeals finds that the criteria as set forth in Section , Subsection B of the Sign Code have been met in that the Petitioner has shown: Draft Findings of Fact Twin Rinks, 1500 Abbott Court May 17, 2011 Page 2 of 3

12 1. The proposed signage is of particularly good design and in particularly good taste; and 2. The entire site has been or will be particularly well landscaped. IX. CONDITIONS: The variance shall be subject to the following conditions: 1. Pursuant to Exhibit E submitted with the application; 2. Screen changes at twenty (20) second intervals; 3. To allow all colors on the digital display; 4. To limit the graphics to team logos that utilize Twin Rinks Ice Pavilion; 5. The hours of operation would be 6:00 a.m. to 12:00 a.m. with the sign being static after 10:00 p.m.; 6. The sign is limited to the promotion of Twin Rink Ice Pavilion activities, no advertisement of products or services; 7. Three (3) lines of copy between the hours of 6:00 a.m. and 10:00 p.m. and four (4) lines of copy from 10:00 p.m. to 12:00 a.m.; 8. The light intensity level would be 7,500 nits during the day and 500 nits at night; and 9. The nit level to be reduced below 500 nits after 10:00 p.m. if the Village, in its sole discretion, deems it necessary. X. CONCLUSION: The Zoning Board of Appeals, by a vote of 4 to 2, recommends to the Village Board to grant the amended request made by Twin Rinks Ice Pavilion, 1500 Abbott Court, for variance for Sign Code, Section , pertaining to Changeable Copy Signs, for the purpose of replacing the existing manual changeable copy portion of the ground sign with an LED digital display. Dated May 17, 2011 VILLAGE OF BUFFALO GROVE, IL Bruce Entman, Chairman Zoning Board of Appeals Draft Findings of Fact Twin Rinks, 1500 Abbott Court May 17, 2011 Page 3 of 3

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