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2011-0316/20/2011A 0 ORDINANCE NO. 2011-031 C� 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 14.40.025, 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. 0 0 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 14.40.025 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 3898146, in Lake County, Illinois. Commonly known as 1500 Abbott Court„ Buffalo Grove, IL 60089. 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 for a six month probationary period 2 from the date of this Ordinance and may be revised by the Village in its sole discretion. 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: 6 — BermanTrilling, Sussman, Terson, Stein, Ottenheimer NAYES 0 - None ABSENT: 0 - None PASSED: June 20 , 2011. APPROVED: June 20 , 2011. ATTEST: Villa�e Clerk F: \docs \clients\ 103\ 1001 \0RD \00100394.DOC 3 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. 2011 - 031 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 , 2010. otary P OFFICIAL SEAL RAMIZ ALBAZI NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXP. AUO.07, 2012 Z Ice Associates, LLC By; 614,-y M- J l V &�- Print name and title J, �/. 67,, Signature BEFORE c TWIN 21Nxs,: C., ICE PAVILION DF 2(IMM FULL COLOR ROB LED MESSAGE CENTER I/,'. V- a, REMOVE A DISPOSE OF EMSTING ATTRACTION BOARD. FAR A INSTALL ONE (1) DF 20MM FULL COLD" ROB LED MESSAGE CENTER. 48 X 1711 MATRIX, W WS EMBEDDED RAWR"ff CONTROLLER W/ WIRELESS REMOTE. MOL/NT TO E)OSTR/G SUPPORTS. AFTER ZONING BOARD OF APPEALS EXHIBIT COLOR PRW" MA1' NOT ACCURATELT REPRESENT PHOTO RENOERMGS WAY NOT CAMERA READY ART SPECIFIED COLORS. REFLECT SCALE ACCaIRATELY REOLKRED R REMOVED OPTIONS I, 3 0722110 MR FOR ACCURATE DOLOR ASSESSMENT REFER TO REFER TO SPECFIED DRIEN610M COLOR SPECIFICAYIONS AND IITAQE STANDARD FIELD SURVEY A REMOVED 3RD OPT. NEW OPT Oa29l10 MR VIM AM PRMONE COLOR OWNS. FOR CORRECT SEES. REMWED AeWarou __ _ -_._- ornc .sswmu ._ �i*eA �,.,.... so-..- TWM RINKS ICE PAVILION AB NOTED aw RICHARD, oN WHITE WAY SIGN COMPANY W �^ ` f500 ABBOTT CT OA23/te T. WOOD •...,.,..,.... w�.+aw�r.�..,,e...e..�,..n w�M�' /m�rl.M1d'�.�ll lM rewO MiM.R �d �^Y�e MCw+lw 1dn111eJ .,,... AS,NNGlTQ1 cT. waArr pACSPEtT.11 same lurrmaxoo TAY MI�JbId�!! Y�I�� BUFFALO GROVE IL �. n r SS021 Village Board Meeting Agenda Item XII -A Monday, June 20, 2011 Ordinance No. 2011- : An Ordinance Granting a Variation to Buffalo Grove Sign Code, Section 14.40.025, for Twin Rinks Ice Pavilion, 1500 Abbott Court Trustee Liaison: Trustee Ottenheimer Budget Impact: None Type of Item: Ordinance Department: Building & Zoning Requested By: Brian P Sheehan Entered By: Julie C Kamka Additional Documentation: Overview On March 21, 2011, the Village Board heard an appeal from Gary Pivar of the Twin Rinks Ice Pavilion, 1500 Abbott Court, concerning the ZBA denial of the sign variance request. After discussion the matter was remanded back to the ZBA. A PDF of the March 21, 2011 Village Board Packet Agenda Item is attached for reference. Hard copy is available in the Trustee's lounge. On May 17, 2011 Gary Pivar of Twin Rinks, Tom Wood and Jessica Heath - Bolden of White Way Sign Company, were present at the ZBA meeting. Additional information was submitted to the ZBA as well as a Power Point presentation and an LED digital display was demonstrated. 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 14.40.025, 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 the 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. The Variance was recommended pursuant to Sign Code, Section 14.44.010, Subsection B. STATE OF ILLINOIS) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on June 20, 2011, the Corporate Authorities of the Village passed and approved Ordinance No. 2011 -31, GRANTING A VARIATION FROM THE BUFFALO GROVE SIGN CODE — Twin Rinks Ice Pavilion, 1500 Abbott Courtwas prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing on June 21, 2011 and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 21' day of July, 2011. i Vjage Clerk '�Ar W�� A _ 6/20/2011 A ORDINANCE NO. 2011 -031 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 14.40.025, 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. 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 14.40.025 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 3898146, in Lake County, Illinois. Commonly known as 1500 Abbott Court„ Buffalo Grove, IL 60089. 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 for a six month probationary period 2 from the date of this Ordinance and may be revised by the Village in its sole discretion. 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: 6 — BermanTrilling, Sussman, Terson, Stein, Ottenheimer NAYES 0 - None ABSENT: 0 - None PASSED: June 20 2011. APPROVED: June 20 2011. ATTEST: Village Clerk F: \docs \clients\ 103\ 1001 \ORD \00100394.DOC 3 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. 2011 - 031 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 2010. Wotary Pia OFFICIAL SEAL RAMIZ AL8AZ1 NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXP_ AUO.07, 2012 1 0 Ice Associates, LLC By: �rti Le ILI f' I V('(' '- . IV1 f 1) . Print na and title �1- �j Signature 17-0 . 11'-6 TT ]-i 3• -1 • t'- w N RINKS Jy T-4 . A HARKS D/F 20MM FULL COLOR RGB LED MESSAGE CENTER /a "= 1' -0" REMOVE & DISPOSE OF EXISTING ATTRACTION BOARD. FAB 6 INSTALL ONE (1) D/F 20MM FULL COLOR RGB LED MESSAGE CENTER. 48 X 176 MATRIX, WWS EMBEDDED RAINBOW CONTROLLER W/ WIRELESS REMOTE. MOUNT TO EXISTING SUPPORTS. BEFORE �VVIN RINKS w f, ICE PAVILION .01 '. AFTER ZONING BOARD OF APPEALS EXAMSIT COLOR PRINTS MAY NOT ACCURATELY REPRESENT PHOTO RENDERINGS MAY NOT 'I� CAMERA READY ART B REMOVED OPTIONS 1, 3 07122/10 MR SPECIFIED COLORS. REFLECT SCALE ACCURATELY r REQUIRED FOR ACCURATE COLOR ASSESSMENT REFER TO REFEE TO SPECIFIED DIMENSIONS FIELD SURVEY A REMOVED 3RD OPT, NEW OPT 04129/10 MR COLOR SPECIFICATIONS AND UTILIZE STANDARD VINYL AND PANTONE COLOR CHARTS. FOR CORRECT SIZES. REQUIRED LETTER REVISION DATE APPROVAL C nerriaaaFUa Joa CUtlpEm TWIN RINKS ICE PAVILION ROTE: me npmaentagona an tliic arewinq.n fur Pracenlatan Rurpmes only and sublad b emavman.o (10)3724 AS NOTED c••re� RICHARDSON tlnaiiutron Pn «bhedeetgn Dlnen.b. WWV CIIANGEhontbosamdi®IMherein. Graph. Ie,ows .0 not a con.euad.sindical so/ d�solayreoabuity. AngnPhie., ada, re�rt, seodrp information, and any other inbmrcean �dantfied on tha drewnq are wbea to ch.ng.. ww aqn ro,•nwm ee�g we.�.en w.. WHITE WAY SIGN COMPANY .� .,: r•ypM. �am]uoa'v 451 KINGSTON CT. MOUNT PROSPECT, IL. 60056 6171391 -0200 F FAX 817!391 -0099 Kww.aa.mawan L. 1500 ABBOTT CT Col. 04/23/10 U. T. WOOD ue n num. cry sua BUFFALO GROVE IL S,.. 85021 ol sw