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2014-06-16 - Ordinance 2014-044 - AMENDING THE VILLAGE OF BUFFALO GROVE APPEARANCE PLANAn Ordinance Amending the Village of Buffalo Grove Appearance Plan WHEREAS, the Village of Buffalo Grove is a Home Rule Unit of local government pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village of Buffalo Grove Appearance Plan was approved by Ordinance No. 20O3-S3 and amended 6« Ordinance No. 2009-5 and Ordinance No. 3Ol3-lG;and, WHEREAS, the Village has determined that revisions to the Village Appearance Plan are necessary to make said Plan consistent with the revised Village of Buffalo Grove Municipal Code pertaining to establishment of the Planning & Zoning Commission; WHEREAS, the Village President and Board of Trustees have determined that said amendments of the Appearance Plan are appropriate and necessary to effectively administer the Village's appearance review process. TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, 211 13,11Y-11 ON Section 1. The Ordinance is made pursuant to and in accordance with the Village's Home Rule powers. The preceding Whereas clauses are hereby incorporated herein. Section 2. Article If. Scope, Section B. of the Village Appearance Plan is hereby amended to read as follows: If the Village Building Commissioner determines that a proposal involves any of the following, then review by the Appearance Review Team (ART) may be required: multi- family residential; or 2. Remodeling or changes in any zoning district which will significantly change or impact upon the overall general appearance of the structure; or 3. A custom home. 2 Section 3. Article Ui Approval Process, Section B. of the Village Appearance Plan is hereby amended to read asfollows: Appearance Review shall be required of all new development or redevelopment projects regulated by this Plan. Section 4. Article |||. Approval Process, Section C. of the Village Appearance Plan is hereby amended to read asfollows: The Appearance Review Team ("ART") for Administrative Review shall be conducted on an as needed basis as determined by staff and shall consist of the Deputy Village Manager, Building Commissioner, Village Planner and Associate Planner or their designees. Other Village staff personnel may be asked to assist the ART. The appearance review for Variations of the Sign [ode, Minor Reviews or Major Reviews will be conducted as part ofthe Planning &Zoning Commission review. An architect or other design professional may be retained on an as needed basis tm assist in the appearance review on any project asdeternninedbystaf[ Section 5. Article |||. Approval Process, Section O. of the Village Appearance Plan is hereby amended to read asfollows: An overview of the approval process is set forth below. Notwithstanding the following, the Corporate Authorities may review and take action upon a proposal in lieu of the foregoing approval process. The Appearance Review Flow Chart in Appendix Aoutlines the steps in the review process. In conducting the review process, staff, elected and appointed officials shall adhere to the • Work inan objective and understanding manner. • Work toward the aesthetic growth of the community and rennediatimn of unsightly conditions. • Encourage and inspire public and private participation in the enhancement of community appearance and provide appropriate leadership. 3 � Act as counselor and guide to persons working to develop, redevelop, maintain or improve properties. 1. The applicant presents a proposal to Village staff. 2. Village staff will determine the review process for the proposal — Major Review, Minor Review, Variation mf the Sign [ode, Deviation of the Sign Criteria, orAdministrative. a. Maior Review. If staff determines that the project requires rezoning, variations of the Zoning Ordinance, Development Ordinance or Sign Code, or a Planned Unit Development amendment, then said project shall proceed through the Major Review process. Based upon the scope mf the project, theappUcantnlaypresentthe proposal to the Corporate Authorities at a Village Board Meeting as either a Pre- Application Conference or a Referral to the Planning & Zoning Commission, as determined by staff. i The Corporate Authorities may refer the proposal to the Planning & Zoning Commission, if applicable and appropriate. The ANT may hold a meeting to review the proposal for compliance with applicable provisions of the Village Appearance Plan, as determined by staff. The formal Appearance Review will be conducted ms part of the Planning & Zoning Commission review. ii. The Planning & Zoning Commission will make a recommendation for consideration by the Corporate Authorities. iii. If the Corporate Authorities determine that the appearance review process may be deferred to accommodate phasing or other unique aspects of a project, the conditionsfor said deferral shall be set forth in an ordinance or written agreement between the Village and the applicant. iv. When a proposal is approved by the Corporate Authorities, the applicant may apply for all applicable permits through the Village's Building 0'Zoning Department. b. Minor Review. Substantial renovation to a property will require a Minor Review as determined by the Village Manager or designee. Uniform Sign Packages, as set forth in the Village Sign Code, shall require Minor Review, unless variations of the Sign M [ode are requested, which shall then require Major Review. "Substantial" shall be determined based oo the following criteria: i Are the proposed changes a significant modification to the existing appearance of the building orproperty? ii. Will the basic appearance of the property be significantly changed due to different building massing, materials, colors mrsignage? iii. Would the "casual viewer" conclude that the changes make the property noticeably different than the original appearance? The process for Minor Review shall be as follows: i The Administrative ART may hold a meeting, or meetings, to review the proposal for compliance with applicable provisions of the Village Appearance Plan. ii. If the application is denied, the applicant may appeal in writing to the Village Manager within 15 calendar days of written notification of said iii. The Village Manager may uphold the denial of the s1aff, overrule the denial of staff, or work with the applicant to modify the proposal and return the proposal to staff for additional review. iv. If denied, the applicant may appeal in writing to the Corporate Authorities within 15 calendar days of written notification of said denial. V. If the proposal is approved, the applicant may apply for all applicable permits through the Village's Building & Zoning Department. C. Review and approval process: i. The Building Commissioner shall review the proposal. U. The Deviation may be approved by the Building Commissioner, or the Building Commissioner may require an Administrative Review. 11 iii. If approved by the Building Commissioner or Administrative Review, the applicant may then apply for required permits through the Village's Building & Zoning Department. iv. If the Deviation is denied by the Building Commissioner or Administrative Review, the applicant may request a review by the Planning & Zoning V. If the Deviation is denied by the Planning & Zoning Commission, the applicant may request review by the Corporate Authorities. d. Variation of the Sign Code — Revevvandapprova|prmcess: The ART may hold a meeting tm review the proposal, UF determined 6« staft ii. ART meeting minutes, which may include a recommendation from the ART, shall be provided to the Planning & Zoning Commission. HL The Planning & Zoning Commission shall complete the appearance review and provide a recommendation to the Corporate Authorities. iv. The Planning & Zoning Commission shall review variations pertaining to Uniform Sign Packages, Planned Unit Developments and other development reviews as set forth in the Village Sign Code. v. |f the proposal is approved by the Corporate Authorities, the applicant may then apply for required permits through the Village's Building & Zoning Department. e. Administrative Review. All other proposals or petitions not accounted for shall be reviewed by staff and the proper process as defined above shall be followed. Section 6. Article IV. Evaluation Categories, Section A. of the Village Appearance Plan is hereby amended to read as follows: The following factors and characteristics which affect appearance relating to a development will govern the Appearance Review evaluation of a design submission: � I. Logic mfdesign 2. Exterior space utilization 3. Architectural character/style 4. Material selection 5. Maintenance aspects 6. Architectural trends and patterns of development in the Village and areas adjacent to a proposed project. Section 7. Article V|. Modifications, of the Village Appearance Plan is hereby amended 10 read asfollows: The Village Planning & Zoning Commission may grant modifications to the requirements of this Appearance Plan provided that the modification achieves a creative design solution to heighten the visual appearance of the development while A\ promoting the public health, safety, and general welfare of the community, (ii) enhancing the value of the property, and (iii) ensuring adequate light, air and privacy. Section 8. Article VII. Glossary, of the Village Appearance Plan is hereby amended by adding and amending the following definitions: APPEARANCE REVIEW — Review of a project as it relates to the Appearance Plan as conducted by Village staff, the Appearance Review Team or the Planning @' Zoning Commission. BUILDING COMMISSIONER — The title mf Building Commissioner shall mean the Village mf Buffalo Grove Building Commissioner. Section 9. The existing Appendix A. the existing Appearance Review HoxV Chart is hereby replaced by the attached Appearance Review Flow Chart dated as revised 4/11/2014. Section 10. Any person violating any portion of this Ordinance shall be subject tothe provisions of Chapter I.D8Pf the Buffalo Grove Municipal Code. Section 11. This Ordinance shall be in full force and effect from and after its passage, approval and publication. This Ordinance may be published in pamphlet form. This Ordinance shall not becodified. AYES: 5 — Berman, Trilling, Sussman, Terson, Stein, Ottenheimer NAYS: 0 — None ABSENT: 0 — None PASSED: June 16, 2014 APPROVED: June 16, 2014 ATTEST: Village Clerk President e