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CITY COUNCIL 02/06/2012THE CITY OF LAKE FOREST CITY COUNCIL AGENDA Monday February 6, 2012 7:30 p.m. City Hall Council Chambers CALL TO ORDER AND ROLL CALL Honorable James J. Cowhey, Jr., Mayor Kent Novit, Alderman First Ward Thomas Morsch, Jr., Alderman Third Ward Catherine Waldeck, Alderman First Ward Donald Schoenheider, Alderman Third Ward David Moore, Alderman Second Ward Robert Palmer, Alderman Fourth Ward George Pandaleon, Alderman Second Ward Michael Adelman, Alderman Fourth Ward PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 7:30 p.m. 1. Comments by Mayor A. Mayor For A Day – 8th Grade student from Country Day School B. Resolution of Sympathy for Patricia Waldeck Copy of Resolution beginning on page 5. C. Swearing in of Fire Fighter/Paramedic Christopher Roberts 2. Comments by City Manager 7:45 p.m. A. Northwest Municipal Conference 2012 Legislative Program and Resolution Information and Resolution beginning on page 7. B. Local Hands Free Ordinance Update Memo attached beginning on page 14. 3. Comments by Council Members 8:00 p.m. OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS CONSENT AGENDA 8:10 p.m. 11 February 6, 2012 Agenda Page 2 1. Check Register For Period December 21, 2011 – January 30, 2012 Fund Invoice Payroll Total General 315,331 1,072,612 1,387,943 Water & Sewer 87,421 113,059 200,480 Parks & Recreation 118,177 265,126 383,303 Capital Improvements 254,439 4,592 259,032 Bond Funds - Projects 22,288 22,288 Motor Fuel Tax 0 0 Cemetery 3,200 15,173 18,373 Senior Resources 12,592 18,157 30,748 Deerpath Golf Course 22,639 15,789 38,428 Fleet 69,213 37,897 107,110 Debt Funds 206,374 206,374 Housing Trust 0 0 Park & Public Land 1,350 1,350 All other Funds 1,110,026 140,499 1,250,525 $2,223,049 $1,682,905 $ 3,905,954 2. Approval of the January 17, 2012 City Council meeting minutes Copy of January 17, 2012 minutes beginning on page 26. Recommended Action: Approval of the Consent Agenda as presented. ORDINANCES 8:15 p.m. 1. Consideration of an Ordinance Amending the Special Use Permit for Woodlands Academy of the Sacred Heart to Allow Expansion of the Campus Boundaries to Incorporate the 23-acre Barat Parcel into the Woodlands Academy Campus. (First Reading) PRESENTED BY CATHERINE CZERNIAK, DIRECTOR OF COMMUNITY DEVELOPMENT, VICTOR FILIPPINI, CITY ATTORNEY On December 14, 2011, the Plan Commission considered a request for an amendment to an existing Special Use Permit to expand the boundaries of Woodlands Academy Campus. Since Woodlands Academy, like other public and private institutions in the community, is located on residentially zoned property, a Special Use Permit is required to authorize an educational use. In the case of this Special Use Permit, use of the property is also restricted to educational use in exchange for City support of the demolition of Old Main. The requested amendment seeks approval to include the adjacent 23-acre parcel, commonly known as Barat Campus, as part of the Woodlands Academy Campus. No other approvals are requested as part of this petition. 22 February 6, 2012 Agenda Page 3 The Plan Commission heard a presentation from representatives of Woodlands Academy and heard public testimony. After deliberation, the Commission voted 3 to 2 to recommend approval of the amendment to the Special Use Permit authorizing the consolidation of the two campuses subject to a number of conditions of approval. The dissenting members of the Commission expressed concern about the timing of the approval since the Barat parcel was not yet in the ownership of Woodlands Academy. Both dissenting members indicated support for the ultimate incorporation of the property into Woodlands Academy Campus, but expressed concern about the uncertainties of the proposal. Since the Plan Commission public hearing, the property has been acquired by an LLC representing the donors who have publicly announced the intention to donate the property, once cleaned up, to Woodlands Academy for use consistent with Woodland’s educational mission. The sale of the property closed prior to the end of 2011 as required by the bank formerly holding the property. The transfer of the property, out of the hands of the bank, was an important step to provide some increased certainty in this process. In addition, the Ordinance, beginning on page 33 of this packet, includes numerous conditions of approval as recommended by the Plan Commission and limitations on use and transferee provisions added by the City Attorney in response to previous City Council requests. Granting first reading of the Ordinance amending the Special Use Permit and combining the property into a single parcel, is consistent with the City Council’s previous action and direction in support of the ultimate demolition of Old Main and expansion of Woodlands Academy on to the Barat property. If this Special Use Permit is approved, Woodland’s Academy will undertake the development of a master plan for the property. The master plan will require review and approval by the City consistent with standard processes. Recommend Action: Grant first reading of an Ordinance amending the Woodland’s Academy Special Use Permit authorizing the incorporation of the 23-acre Barat parcel into the Woodlands Academy Campus. 2. Consideration of Recommendations from the Building Review Board and the Legal Committee in Support of an Ordinance Amending Chapter 9, Architectural and Site Design Review, of the City Code. (First Reading, and if desired by the City Council, Final Approval) PRESENTED BY CATHERINE CZERNIAK, DIRECTOR OF COMMUNITY DEVELOPMENT, VICTOR FILIPPINI, CITY ATTORNEY At the February 1, 2012 meeting, the Building Review Board held a public hearing and considered amendments to Sections 86 and 87 of Chapter 9 of the City Code. The proposed amendments relate to review and approval procedures and modify the form, but not the substance, of these procedures. Under the modified procedures, the Building Review Board will continue to review petitions however instead of rendering a final decision with the potential for appeal to the City Council; the Board will function as a recommending body to the City Council. The role of a recommending body is consistent with the current role of the Zoning Board of Appeals. A corresponding amendment is proposed for Chapter 51 of the City Code, Historic Preservation, and as a result, if the amendments currently proposed are approved, the procedures of the Historic Preservation Commission, Building Review Board and Zoning Board 33 February 6, 2012 Agenda Page 4 of Appeals will be more closely aligned. These procedural changes are not intended to delay or extend the review process and staff will work with the City Attorney to streamline review by the City Council as appropriate however, importantly, the proposed amendments will bring the Code language in these sections in line with recent judicial decisions. In addition to the procedural modifications, the proposed amendments to Chapter 9 also clean up some repetitive language that was identified. Beginning on page 56 of the packet, a black-line of Sections 9-86 and 9-87 is included in the City Council packet reflecting the proposed changes along with the Ordinance. Approval of the Ordinance amending Chapter 9 is recommended by the Building Review Board and the City’s Legal Committee. Recommended Action: Waive first reading and grant final approval of the Ordinance amending Chapter 9, Architectural and Site Design Review, of the City Code. 3. Consideration of Recommendations from the Historic Preservation Commission and the Legal Committee in Support of an Ordinance Amending Chapter 51, Historic Preservation, of the City Code. (First Reading, and if desired by the City Council, Final Approval) PRESENTED BY CATHERINE CZERNIAK, DIRECTOR OF COMMUNITY DEVELOPMENT, VICTOR FILIPPINI, CITY ATTORNEY At the January 25, 2012 meeting, the Historic Preservation Commission held a public hearing and considered amendments to Chapter 51 of the City Code. These amendments, like those proposed to Chapter 9 in the previous agenda item, relate to review and approval procedures and modify the form, but not the substance, of these procedures. Under the modified procedures, the Historic Preservation Commission will continue to review petitions that involve requests for building scale variances, however instead of rendering a final decision with the potential for appeal to the City Council; the Commission will function as a recommending body to the City Council. As noted in the previous agenda item, the role of a recommending body is consistent with the current role of the Zoning Board of Appeals. Again, these procedural changes are not intended to delay or extend the review process, but to strengthen the City Code with respect to historic preservation by more closely aligning the Code language with recent judicial decisions. A black-line of Chapter 51 is included in the City Council packet reflecting the proposed changes beginning on page 90, the Ordinance follows. Approval of the Ordinance amending Chapter 51 is recommended by the Historic Preservation Commission and the City’s Legal Committee. Recommended Action: Waive first reading and grant final approval of the Ordinance amending Chapter 51, Historic Preservation, of the City Code. 44 February 6, 2012 Agenda Page 5 NEW BUSINESS 9:00 p.m. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION ADJOURNMENT 9:10 p.m. Office of the City Manager February 3, 2012 The City of Lake Forest is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are required to contact City Manager Robert R. Kiely, Jr., at (847) 234-2600 promptly to allow the City to make reasonable accommodations for those persons. 55 RESOLUTION OF SYMPATHY WHEREAS, on behalf of The City of Lake Forest , the City Council expresses its sadness at the profound loss of Patricia J. Waldeck on January 23, 2011; and WHEREAS, Patricia Ann Waldeck was a long-time and valued resident of Lake Forest, volunteering her time to serve the public schools, Northwestern Lake Forest Hospital, Gorton Community Center, Lake Forest Library and the Church of St. Mary, to name only a few; and WHEREAS, Patricia Ann Waldeck was married to former Mayor Frank J. Waldeck, was loving mother of eight, grandmother of 21 and great-grandmother of one, raised her family in Lake Forest; and WHEREAS, Patricia Ann Waldeck and her husband have continued to make tremendous gifts to the community through their support of the City and other local institutions; and WHEREAS, Patricia Ann Waldeck was a kind and gentle woman who deeply loved her community and fellow residents; her contributions to Lake Forest were significant and she will truly be missed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, that its deepest sympathy goes out to her husband Frank and her family. Dated: February 6, 2012 _______________________________ Mayor 6 7 8 9 10 NORTHWEST MUNICIPAL CONFERENCE 1616 East Golf Road Des Plaines, Illinois 60016 (847) 296-9200 • Fax (847) 296-9207 www.nwmc-cog.org A Regional Association of Illinois Municipalities and Townships Representing a Population of Over One Million FOR IMMEDIATE RELEASE January 30, 2012 CONTACT: Mark Fowler, (847) 296-9200 ext 25 Larry Bury, (847) 296-9200 ext 26 NORTHWEST MUNICIPAL CONFERENCE INTRODUCES 2012 LEGISLATIVE PROGRAM Platform to Ensure the Fiscal Stability of Illinois Communities and Address Labor Related Cost Drivers With a crowd of federal and state legislators and local government officials in attendance on Saturday, January 28, the Northwest Municipal Conference (NWMC) introduced a legislative platform to protect Illinois communities that continue to be battered by the economic downturn. The 2012 NWMC Legislative Program contains numerous recommendations to both ensure the fiscal stability of struggling communities and address continuously escalating labor costs. “Local governments such as ours have led the way in pursuing and implementing innovative means to reduce the cost of providing services to our residents and businesses. We have reduced our payrolls, reorganized our services and found ways to simply do more with less,” stated NWMC President and Village of Wilmette President Christopher Canning during his opening remarks, “Yet, all of us know that more work needs to be done.” The 2012 NWMC Legislative Program outlines solutions to the challenges faced by local governments. One primary focus of the Legislative Program highlights the need to ensure the fiscal stability of communities by preventing the loss of local government revenues. “Our largest concern, especially in light of the lagging rebound in revenues, is the continued threat of cuts to the locally generated share of state collected revenue, such as the recent attempts to divert the Local Government Distributive Fund,” said Evanston Mayor Elizabeth Tisdahl, co-chair of the NWMC Legislative Committee, “Our straightforward message to our state officials is to please work to balance your budget without diverting this or other critical local government revenue sources.” The Legislative Program also highlights a number of ways the state could help reduce the escalating local government labor costs, including public safety pension reform, preventing abuse in the award of lifetime healthcare benefits to injured workers and changing the interest arbitration process. “In Hoffman Estates, after making cuts to all non-public safety employees, we had no alternative but to try to work with our police and fire employees to implement similar cuts. The interest arbitration process, which is severely out of balance, made it nearly MEMBERS Antioch Arlington Heights Barrington Bartlett Buffalo Grove Carpentersville Cary Crystal Lake Deerfield Des Plaines Elk Grove Village Evanston Fox River Grove Glencoe Glenview Grayslake Hanover Park Highland Park Hoffman Estates Kenilworth Lake Forest Lake Zurich Libertyville Lincolnshire Lincolnwood Morton Grove Mount Prospect Niles Northbrook Northfield Northfield Twp. Palatine Park Ridge Prospect Heights Rolling Meadows Schaumburg Skokie Streamwood Vernon Hills Wheeling Wilmette Winnetka President Christopher S. Canning Wilmette Vice-President William D. McLeod Hoffman Estates Secretary Sandra E. Frum Northbrook Treasurer Robert R. Kiely, Jr. Lake Forest Executive Director Mark L. Fowler 11 impossible to reach a fair agreement during these negotiations,” pointed out Hoffman Estates Mayor Bill McLeod, co-chair of the NWMC Legislative Committee, “Arbitrators often ignore the municipality’s fiscal conditions and believe that local government should simply raise taxes to afford generous arbitration awards.” Following the presentation of the Legislative Program, legislators in attendance were invited to address the gathering to share their perspectives on the coming legislative session. Those who spoke to the attendees included: Congresswoman Jan Schakowsky; State Treasurer Dan Rutherford; State Senators Susan Garrett, Terry Link and Matt Murphy; State Representatives Daniel Biss, Robyn Gabel, David Harris, Lou Lang, Michael McAuliffe, Tom Morrison, Michelle Mussman, Elaine Nekritz, Carol Sente and Ed Sullivan; Lake County Board Chairman David Stolman; and Cook County Commissioners Bridget Gainer, Tim Schneider and Larry Suffredin. The Northwest Municipal Conference will utilize the Legislative Program to guide their legislative efforts in Washington and Springfield this year. Copies of the 2012 NWMC Legislative Program can be downloaded at: http://www.nwmc-cog.org/Legislation/2012-Legislative-Program.aspx. ### 12 RESOLUTION SUPPORTING THE NORTHWEST MUNICIPAL CONFERENCE 2012 LEGISLATIVE PROGRAM 2012-___ WHEREAS, The City of Lake Forest is a member of the Northwest Municipal Conference; and WHEREAS, the Northwest Municipal Conference works with its members to develop its annual Legislative Program that serves as a comprehensive platform on legislative issues in order to protect and benefit the interests of its member municipalities, residents, and businesses in our communities and the region; and WHEREAS, the Northwest Municipal Conference’s 2012 Legislative Program focuses on issues vital to The City of Lake Forest including protecting local government revenues, online sales tax collection and sales tax sourcing rules as well as addressing labor related cost drivers such as pension reform, preventing abuse of the Public Safety Employees Benefit Act and balancing the interest arbitration process; and WHEREAS, the Northwest Municipal Conference will actively pursue these legislative priorities to the benefit of The City of Lake Forest and all members of the Northwest Municipal Conference. NOW, THEREFORE, BE IT RESOLVED, that The City of Lake Forest hereby expresses support for the Northwest Municipal Conference’s 2012 Legislative Program; and BE IT FURTHER RESOLVED, that The City of Lake Forest will actively support the 2012 Legislative Program both locally and in our federal and state capitols; and BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to the Northwest Municipal Conference, to all state and federal legislators representing The City of Lake Forest, to the Office of the Governor, and to department heads in The City of Lake Forest. _________________________ ________________________ Date Mayor 13 14 15 16 17 18 19 20 21 22 23 24 25 The City of Lake Forest CITY COUNCIL Proceedings of the January 17, 2012 Regular Meeting 7:30 p.m. – City Hall Council Chambers MOTION TO APPOINT ALDERMAN DONALD SCHOENHEIDER AS ACTING MAYOR: Alderman Novit moved, seconded by alderman Pandaleon to appoint Alderman Schoenheider as Acting Mayor in Mayor Cowhey’s absence. The motion carried unanimously by voice vote. CALL TO ORDER AND ROLL CALL: Acting Mayor Schoenheider called the meeting to order at 7:30 p.m. Deputy City Clerk called the roll of Council members. Present: Aldermen Novit, Pandaleon, Morsch, Adelman. Absent: Mayor Cowhey, Aldermen Waldeck, Moore, Palmer. Quorum present. There were approximately 10+ present in the audience. Also present were: Vic Filippini, City Attorney; Joseph Buerger, Police Chief; Catherine Czerniak, Director of Community Development; Ramesh Kanapareddy, City Engineer; Mary Van Arsdale, Director of Parks & Recreation; Carina Walters, Assistant City Manager; Cathryn Buerger, Deputy City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance. Reports of City Officers 1. Comments by Mayor Resolution of Sympathy for retired Public Safety Director, Bernard Prais Alderman Novit moved, seconded by Alderman Pandaleon to accept the Resolution of Sympathy. Motion carried unanimously by voice vote. 150th Book Presentation by Art Miller, Archivist and Librarian for Special Collections Art Miller, from Lake Forest College gave a brief presentation on the 150th Book and its contents to Council. He thanked all those who contributed articles and photos and encouraged people to continue documenting history. 2. Council Committee Reports A. Property and Public Lands Committee-Alderman Schoenheider 1. Approval of Revisions to the Park Use Policies and FY13 Park Fees Each year staff revises the Park Use Policies and seeks Park Board approval to keep current with changes and fee adjustments to ensure that all costs are recovered for these types of uses in the parks. The City attorney recommended that this document be re-titled from regulations to policies, and as such, now is approved by City Council on an annual basis. Since City Council has not previously approved the document, the City Manager also recommended that for this first year the policies be shared via the Property and Public Land Committee (PPL) for educational purposes and prior to staff bringing to the Park Board and City Council for approval this year. These policies were shared with the PPL Committee on December 15 and approved by the Park Board on January 10, 2012. 26 Proceedings of the January 17, 2012 Regular City Council Meeting Under the auspices of what is titled Park Use Policies, the Parks and Recreation Department currently administers three (3) separate policies in regards to park use; 1) Pavilion Rental Policy, 2) Athletic League User Fee Policy and 3) the Movable Goal Safety Policy 1) Pavilion Rental Policy: This policy allows for the rental of our park and beach pavilions by residents or companies based in Lake Forest when not in conflict with other City programs. This one time rental is used by individuals or groups that want to hold small functions in our parks or at the beach. The renter would have personal use of the pavilion for their event with the understanding that the park could still be used by the public and that the bathrooms are open for general park use. However, any fundraisers or large scale events which take city resources away from their daily operations, as well as events that have a direct impact upon public property, traffic flow in the city or public health and safety are classified as a special event and will be directed to use the City’s Special Event Policy administered by City Hall staff. The content of the Pavilion Rental Policy includes the following sections: Pavilion Overview, Hours, Rules, Reservation Schedule, Application Process, Fees and Contact Information; Thorguard Lightning Prediction System Information; and Individual Park Operational Policies. Only minimal changes are being recommended for this policy and are outlined below in the recommended changes section of the memorandum. 2) Athletic League User Fee Policy: This policy allows Lake Forest based sports organizations to rent athletic fields from the City for their league schedules. The athletic league user fee policy was established by the Parks and Recreation Department and the Parks and Recreation Board to offset the increasing maintenance costs with user fees. In order to ensure that City resources are being utilized for the benefit of our taxpaying residents all organizations must be comprised of at least 67% Lake Forest residency, made up of at least four teams and not be in conflict with existing City programs to be considered. The content of the Athletic League User Fee Policy outlines the following: Application guidelines, priority use criteria, proof of residency/roster policy, baseball diamond and grid field fees, and City’s ADA requirements. 3) Movable Goal Safety Policy: Staff is recommending that the current Movable Goal Safety Policy be replaced by the newly drafted Soccer Goal Safety and Education Policy. This policy was drafted by Park District Risk Management Agency (PDRMA) in direct response to Zach’s Law. Zach’s Law was signed into law by Governor Quinn on August 2, 2011 to ensure that all movable soccer goals are safely anchored and all organizations using such goals are properly educated on the risks of using these goals. The current Movable Goal Safety Policy ensures the safety as it is required to anchor all soccer goals however the educational component is new and must be implemented to meet all mandated State requirements. POLICY CHANGES/STAFF RECOMMENDATIONS: The majority of the current Park Use Policies are not in need of any revision. However, in order for our policies to be in compliance with the new State of Illinois laws and to be consistent with the City’s Special Event Policy staff requests the following revisions in 2012 to our Park Use Policies: 1) Staff recommended that the fees for the Pavilion Rental Policy and the Athletic League User Fee policy remain constant with FY12 (no increases). We are able to continue to provide the service and recover all of our expenses associated with this type of use under the current fee schedule. The exception to this is listed in number 2 27 Proceedings of the January 17, 2012 Regular City Council Meeting below. Staff is also sensitive to new fees being charged to organizations through our Sports Field Improvement Fund (SFIF) policy. 2) Staff recommended that we align our Park Pavilion Rental Policy with the Special Event Policy administered at City Hall in regards to additional fees for picnic tables, trash barrels and grills. In order to be consistent staff is recommending to leave picnic tables at $25 per table, raise the price for extra grills to $85 and to eliminate extra barrel fees from the policy. The request for additional trash barrels has been minimal over the history of the program therefore Staff will closely monitor the permits when submitted and provide additional trash barrels for large rentals. Item Current Policy Recommended Changes Picnic Tables $25 per table $25 per table Grills $65 per grill $85 per grill Trash Barrels $5 per barrel Remove from policy 3) Staff recommended that the current Movable Goal Safety Policy be replaced by the newly drafted Soccer Goal Safety and Education Policy. RECOMMENDED ACTION: Approval of Revisions to the Park Use Policies and FY13 Park Fees. AldermanNovit moved, seconded by Alderman Pandaleon to approve the revisions to the Park Use Policies and FY13 Park. The following voted “Aye” Novit, Pandaleon, Morsch, Schoenheider, and Adelman. The following voted “Nay” None. Motion carries. 3. Comments by Council Members None OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS Resident Nancy Vorhees 475 W. Deerpath stood before Council to address her concerns regarding the coyote population in Lake Forest. She asked the Council to set aside funds to address this concern. Police Chief, Joe Buerger answered questions the Council had regarding coyotes in Lake Forest. The Chief also stated his department could look into a way to educate the residents in how to handle this issue. CONSENT AGENDA 1. Approval of the Minutes from the January 3, 2012 Regular City Council Meeting Alderman Morsch moved, seconded by Alderman Novit to approve the consent agenda as presented. Motion carried unanimously by voice vote. ORDINANCES 1. Consideration of an Ordinance Amending the Special Use Permit for Woodlands Academy of the Sacred Heart to Allow Expansion of the Campus Boundaries to Incorporate the 23-acre Barat Parcel into the Woodlands Academy Campus. (First Reading) This Ordinance has been removed from this agenda and will be addressed at the February 6, 2012 City Council meeting. 28 Proceedings of the January 17, 2012 Regular City Council Meeting 2. Consideration of an Ordinance Amending Chapter 36 of the City of Lake Forest Code Regarding Political Campaign and Political Message Signs. (First Reading and, if Desired by the City Council, Final Approval) At the direction of the City Attorney, amendments pertaining to political campaign and political message signs are presented for the Council’s consideration. The changes are proposed to bring the City Code into compliance with Public Act 96-904 pertaining to election signs. From a practical perspective, the Code amendments do not change how or when political signs may be displayed in Lake Forest from what is currently permitted. Staff will provide a brief review of how and when political signs may be displayed, in accordance with the Code, at the Council meeting. The City Attorney will be available to respond to any questions. RECOMMEND ACTION: Waive first reading and grant final approval of the Ordinance amending Chapter 36 of the City Code as it pertains to political signs. Alderman Novit moved, seconded by Alderman Morsch to waive first reading of the Ordinance amending Chapter 36 of the City code as it pertains to political signs. Motion carried unanimously by voice vote. Alderman Morsch moved, seconded by Alderman Novit to approve the Ordinance amending Chapter 36 of the City code as it pertains to political signs. The following voted “Aye” Novit, Pandaleon, Morsch, Schoenheider, and Adelman. The following voted “Nay” None. Motion carries. NEW BUSINESS 1. Authorization to enter into Phase I Preliminary Engineering Agreements with IDOT and H.W. Lochner, Inc. for the Lake Woodbine Bridge Rehabilitation Project. Staff requested entering into agreement with IDOT and H.W. Lochner, Inc. towards completion of Phase I Preliminary Engineering for the Lake- Woodbine Bridge Rehabilitation project. The Lake-Woodbine Bridge is a 3-span concrete arch bridge over a ravine (60 ft. depth) located near Lake Rd and Woodbine Rd, adjacent to Lake Michigan. In February 2011, the City requested grant funds under the Highway Bridge Replacement and Rehabilitation Program (HBRRP or BRP) to be used toward the reconstruction of the Lake-Woodbine Bridge, IDOT Structure number 049-6852. This bridge has a current sufficiency rating of 34.2 making it eligible for the Federal BRP funds. The BRP funds pay for 80%, administered thru IDOT with the City required to match the remaining 20%. The Phase I Preliminary Engineering entails performing, at a minimum, the following tasks: I. Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report to include economic analysis of bridge. II. Prepare the necessary environmental and planning documents including the Project Development Report, Environmental Class of Action Determination or Environmental Assessment, State Clearinghouse, and all necessary environmental clearances. III. Prepare applications for U.S. Army Corps of Engineers (US ACOE) permit, Illinois Department of Natural Resources (IDNR) Office of Water Resources (OWR) Permit, Illinois Environmental Protection Agency (IEPA) Section 404 Water Quality Certification, and other regulatory permits. 29 Proceedings of the January 17, 2012 Regular City Council Meeting IV. Undertake soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. V. Analyze and evaluate the soil surveys and structure borings to determine the roadway approach structural design and bridge foundation. VI. Undertake stream and floodplain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories. In April 2011, City received authorization from IDOT to proceed with selection of firm for the Phase I Preliminary Engineering services. City sent request for qualifications to eligible firms and received statement of Interest proposals from eight (8) firms. The City chose four (4) firms for interview presentation who were familiar with BRP grant procedures, have worked in the City in the past, and have demonstrated bridge rehabilitation project experience. Based on the interview and firm qualifications, City staff selected H.W. Lochner, Inc. (Lochner) to provide the Phase I Preliminary Engineering services. Upon selection of Lochner, City negotiated a Phase I Preliminary Engineering contract amount and sent a draft copy of the proposal to IDOT for approval. IDOT accepted Lochner’s proposal and have recommended City to enter into joint agreements with IDOT and Lochner. City will continue to seek BRP funds for the next two phases of the project. A tentative timeline of the different phases of the project are listed below: Phase Start Date (tentative) Completion Date (tentative) IDOT Approval Date (tentative) Ph I Preliminary Engineering Mar 2012 Sept 2013 Dec 2013 * Ph II Design Engineering Mar 2014 Mar 2015 Nov 2015 * Ph III Construction (incl. Construction Engineering) Mar 2016 Nov 2016 Nov 2018 * - City needs authorization from IDOT regarding availability of grant funds prior to start of Phase II Engineering and Phase III Construction. Since this project is being funded through IDOT (80%) as well as the City (20%) it is necessary to take three actions. The actions involve the execution of the engineering agreement, the execution of the joint agreement between IDOT and The City of Lake Forest and the appropriation by resolution in the amount of $156,000.00 in Motor Fuel Tax (MFT) funds. This project was approved as part of the Capital Improvement Program budget meeting in Nov 2010 and Nov 2011. Below is a summary of the project budget: FY2012-2013 Funding Source Account Budget Amount Requested ** Budgeted? Y/N MFT Fund $160,000.00 $156,000.00 Y ** - IDOT will reimburse 80% of funds ($124,800) 30 Proceedings of the January 17, 2012 Regular City Council Meeting RECOMMENDED ACTION: Staff recommends the City of Lake Forest 1. Enter into a Joint Agreement with IDOT documenting the funding responsibilities towards the Phase I Preliminary Engineering for the rehabilitation of the Lake-Woodbine Bridge at 80% IDOT and 20% City. 2. Appropriate by resolution an amount of $156,000.00 in MFT funds to be used towards Phase I Preliminary Engineering for the rehabilitation of the Lake-Woodbine Bridge. The City will be reimbursed 80% ($124,800.00) of the engineering costs from IDOT resulting in final cost expenditure from the City of $31,200.00. 3. Enter into an Agreement with H.W. Lochner, Inc. to provide Phase I Preliminary Engineering for the rehabilitation of the Lake-Woodbine Bridge in an amount not-to- exceed $156,000.00. Alderman Pandaleon moved, seconded by Alderman Novit to: Enter into a Joint Agreement with IDOT documenting the funding responsibilities towards the Phase I Preliminary Engineering for the rehabilitation of the Lake-Woodbine Bridge at 80% IDOT and 20% City and; Appropriate by resolution an amount of $156,000.00 in MFT funds to be used towards Phase I Preliminary Engineering for the rehabilitation of the Lake-Woodbine Bridge. The City will be reimbursed 80% ($124,800.00) of the engineering costs from IDOT resulting in final cost expenditure from the City of $31,200.00. and; Enter into an Agreement with H.W. Lochner, Inc. to provide Phase I Preliminary Engineering for the rehabilitation of the Lake-Woodbine Bridge in an amount not-to- exceed $156,000.00. The following voted “Aye” Novit, Pandaleon, Morsch, Schoenheider, and Adelman. The following voted “Nay” None. Motion carries. 2. Consideration of a Recommendation to Approve a Lease Assumption from Lake Forest Bank and Trust to Northern Trust for the space at the west Lake Forest Train Station. Staff requested Council to approve the lease assumption from Lake Forest Bank and Trust to Northern Trust. Lake Forest Bank and Trust has been leasing the west Lake Forest Train Station including the exterior ATM since the 1990’s. In early December 2011, Lake Forest Bank and Trust advised the City they were terminating their lease within 30 days pursuant to Section 16 based on a business decision. According to Section 21, No Assignment, Lake Forest Bank & Trust may assign the lease to another lessee pursuant to approval by the City Staff would recommend approval of the lease assumption as this will allow the City to continue receiving a steady revenue stream and Northern Trust a banking facility and ATM on the west side of Lake Forest. RECOMMENDED ACTION: If appropriate and should the City Council desire, approve the lease assumption from Lake Forest Bank and Trust to Northern Trust at the west Lake Forest Train Station. 31 Proceedings of the January 17, 2012 Regular City Council Meeting Alderman Novit moved, seconded by Alderman Morsch to approve the lease assumption from the Lake Forest Bank and Trust to Northern Trust at the west Lake Forest Train Station. The following voted “Aye” Novit, Pandaleon, Morsch, Schoenheider, and Adelman. The following voted “Nay” None. Motion carries. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION ADJOURNMENT 8:30 p.m. There being no further business, Alderman Morsch moved, seconded by Alderman Pandaleon to adjourn the meeting at 8:30 p.m. The motion carried unanimously by voice vote. Cathryn H. Buerger Deputy City Clerk 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Sec. 9-86.AR CHITECTURAL AND SITE DESIGN REVIEW A.AR CHITECTURAL AND SITE PLANS. Plans for buildings shall be prepared by or under the direction and supervision of a person registered to practice architecture in the State of Illinois, under the provisions of the Illinois Architectural Practice Act (or antany successor act), and shall bear the stamp of the official seal of such registered architect and certification to the effect that such plans were prepared by the architect, or under the architect’s direction and supervision, in conformance with the statutes and ordinances pertaining thereto; with such exceptions as are provided for u nder Section 3 of said Illinois Architectural Practice Act. 1.Architectural drawings shall be explicit and complete, accurately indicating all distances and dimensions including location of all sewers, water and other services. 2.All construction shall be in accordance with the plans and specifications reviewed and approved pursuant to this Section. If changes are desired, architectural drawings or addenda shall be submitted for review and approval prior to any change being made. 3.Site plans shall be detailed to show all existing buildings and proposed additions, hardscape areas, existing and proposed utility and service locations and sizes, existing and proposed easements, required setbacks, trees and other key features of the site. 4.Two surveys by a Registered Illinois Land Surveyor shall be submitted to the Community Development Department. The survey shall indicate all property lines, easements, and all building lines of record. T he survey shall indicate the legal description of the premises, be drawn on paper not smaller than 14 inches by 18 inches to a scale of not less than 30 feet to the inch. T he Director of Community Development may require a title search of any lot or parcel of land proposed as a construction site. B.BUILDING REVIEW BOARD Creation, Composition, Term. There is hereby created the Lake Forest Building Review Board herein referenced as the Board. 1.The Mayor, with the advice and consent of the City Council, shall appoint seven residents to serve as Board members with one of the members appointed as Chairman. Each member may serve a maximum of three consecutive two-year terms or until a successor is appointed, with said terms set to expire on a staggered basis. 2.Members serve at the discretion of the Mayor. 56 3.In the event of any vacancy on the Board, the Mayor, with the Consent of the Council, shall appoint a resident to fill the remainder of the term. 4.Four members of the Board shall constitute a quorum. 5.The Board shall include persons of diverse background with each member demonstrating various skills, knowledge and expertise in one or more of the areas of architectural design, engineering, construction, landscaping, real estate sales or development or related fields which facilitate the review of matters that come from the Board. 6.One member of the Board may serve concurrently on the Zoning Board of Appeals with the terms for each body being distinct and separate. 7.One member of the Board may serve concurrently on the Historic Preservation Commission with the terms for each body being distinct and separate. B(1)Purpose The Building Review Board is responsible for overseeingevaluating and making recommendations regarding new construction, demolitions, additions and alterations to existing buildings and signage for the purpose of ensuring that the character of the community, the high standards for development, the quality of life and property values are maintained. T he Building Review Board provides a forum for public input and deliberation with a focus on architectural design, building massing, landscaping and overall site design in relation to the individual site and the neighborhood as a whole. B(2)Powers and Duties The Board shall discharge the following duties under this Chapter: 1.Consider and decidemake recommendations regarding applications for projects requiring architectural review pursuant to Chapter 9, Section 86 this Code except that based on a majority vote of the City Council the required review of, and recommendations relating to,a City owned project may be reassigned to another Board, Commission or ad hoc committee, appointed by the Mayor with the approval of the City Council, if said body has purview over other aspects of said project and if i ts members are able, in the determination of the Council, to conduct the required reviewarchitectural review and make associated recommendations. I n the case of such reassignment, the selected Board, Commission or ad hoc committee shall receive a staff report and recommendation and conduct the architectural review, and make recommendations to the City Council, based on the standards in this Chapter which would otherwise be used for 57 the review of the project by the Building Review Board. The decision of the assigned body may be appealed to the City Council consistent with the appeal procedures in this Chapter. 2.Consider and decidemake recommendations regarding applications for exceptions from the building scale requirements pursuant to Chapter 9, Section 87D of this Code. 3.Consider and decidemake recommendations regarding applications for exceptions from the demolition permit regulations pursuant to Chapter 9, Section 87E of the Code. 4.Consider and decidemake recommendations regarding appeals from a denial of a demolition permit Pursuant to Chapter 9, Section 87F of the Code. 5.Adopt an annual meeting schedule. 6.Cancel or re-schedule regular meetings or hold special meetings if a reasonable basis for such action exists as determined by the Chairman or a majority of the Board. 7.Adopt rules and procedures for public meetings. 8.The Director of Community Development or a designee shall act as Recording Secretary for the Board. 9.Advise and make recommendations to other City Boards and Commissions on matters before those bodies as requested by those Boards and Commissions. 10.Consider and make recommendations to the City Council pertaining to amendments to Chapter 9, Section 86 thru 87 of the City Code from time to time as may be deemed appropriate. 11.Undertake such other tasks as the City Council may direct from time-to-time. 12.Develop recommended guidelines if it deems appropriate to further explain how the standards set forth in Chapter 9, Section 86 may appropriately be incorporated into a project, which guidelines shall be available from the Community Development Department. 2.Authority. The Building Review Board shall have the following authority: 58 a.To consider and decide applications for projects requiring architectural review in pursuant to Subsection 9-86C of this code. b.To consider and decide applications for exceptions from the building scale requirements pursuant to Subsection 9-87D of this code. c.To consider and decide applications for exceptions from the demolition permit regulations pursuant to Subsection 9-87E of this code. d.To consider and decide appeals from a denial of a demolition permit pursuant to Subsection 9-87F of this code. e.To undertake such other tasks as the City Council may direct from time-to-time. 3.Guidelines. The Building Review Board may from time-to-time develop guidelines if it deems appropriate to further explain how the standards set forth in Paragraph 9-86C4 may appropriately be incorporated into a project, which guidelines shall be available from the Community Development Department. C.AR CHITECTURAL DESIGN REVIEW 1.Purpose and Goals. The City of Lake Forest, a special charter and home rule municipality, finds that buildings, landscaping, awnings, signs, fences, and other structures, when designed within the context of the established surrounding neighborhood, preserve the distinct and unique architectural and historic character of the City. It is the goal of the regulations in this Section that each building in Lake Forest complement and improve upon the architectural heritage of the City. Specifically, the purposes of the architectural design review process are: a.To protect, preserve, and enhance the natural and architectural environment of the City, b.To protect and enhance property values, c.To preserve the overall historic and architectural character of the community, d.To preserve the character of the neighborhoods which have a recognizable historic or architectural theme, e.To protect the unique aspects that distinguish neighborhoods from each other, f.To maintain the diversity of housing stock traditionally found in Lake Forest including diversity in style, size and price point, g.To avoid development that is unsightly, unsuitable, or not compatible with the property or surrounding neighborhood, and h.To promote the health, safety, and welfare of the City and its residents. 2.Definitions. For the purposes of this Section 9-86C, the following terms shall have the following meanings: 59 "Project": Project is defined as any activity requiring a building, demolition, or similar development permit from the City that affects the exterior appearance of the subject property, including without limitation the erection, remodeling, or alteration of a building, landscaping, awning, sign, fence, or other structure, but excluding repairs and maintenance activity that does not alter the exterior appearance of a building or structure. "Surrounding neighborhood": The surrounding neighborhood is defined as: The full block on which the property is located; The block face opposite the street frontage on which the property is located; on a corner lot, the block face on both street frontages on which the property is located shall be considered; and The adjoining block face to the rear of the property; and The general character of the larger neighborhood, consisting of two blocks in each direction of the property. 3.Procedure. a.Review by the Director of Community Development. (i)Request for Waiver of Building Review Board Consideration. An application for waiver of Board review may be submitted for determination and recommendation on whether the standards set forth in Paragraph 9-86C4 of this Code are satisfied. Such application shall be delivered to the Director of Community Development or the Director's designee. An application for waiver of Board review must include the following. (A)A completed waiver application form. (B)A legal survey of the property showing existing buildings and conditions on the property. (C)A site plan showing all new construction and any changes proposed for the property including, but not limited to, changes to buildings, landscaping, driveways, utility locations, and grading. (D)Conceptual elevations and information on proposed exterior materials (E)A completed building scale calculation on a calculation sheet provided by the City. 60 (ii)Review of Application for Waiver and Recommendation of Director of Community Development on Whether Building Review Board Consideration Should be Waived. Within 35 days following receipt of a complete application for waiver, the Director may recommend waiver of the requirement for Building Review Board consideration. (A)If the Director recommends a waiver of Board consideration based on a determination that the project complies with the standards set forth in Paragraph 9-86C4, then such recommendation for waiver shall be forwarded to the members of the Building Review Board for information. Unless a member of the Building Review Board directs that the waiver be disallowed and requests that the matter be referred for a hearing before the Building Review Board pursuant to Paragraph 9-86C3b within five business days after the recommendation is forwarded by the Director of Community Development to the Board, the waiver shall be deemed granted by the Board and an application for a building permit may be applied for without further architectural design review; or (B)If the Director does not recommend a waiver of Board consideration based on a determination that the project does not comply with the standards set forth in Paragraph 9-86C4, then the Director shall refer the application to the Building Review Board for a public hearing in accordance with Paragraph 9-86C3b of this Code. The referral to the Building Review Board shall include a staff report and recommendation on the application as part of the packet provided to the Board. In addition, the Director of Community Development shall deliver a copy of the staff report and recommendation to the applicant and shall notify the applicant in writing of the time and place of the public hearing of the Building Review Board and of the application submittal requirements for Board review in accordance with Section C3b(i). (C)In the event that the Director does not issue a report and recommendation on an application for waiver within such 35-day period, the project shall be deemed eligible for submittal of a complete building permit application (subject to customary building permit 61 review)without further consideration or action by the Building Review Board. For purposes of formulating a recommendation on an application for waiver, unless the Director finds a substantial inconsistency between a project and the standards in Paragraph 9-86C4, the Director will recommend a waiver for any project that either; (X) is not visible from a street; (Y) increases the gross floor area of a building by the lesser of 100 square feet or 10%; or (Z) is necessitated by requirements of health or safety. b.Review by the Building Review Board. (i)Application for Building Review Board Consideration and Action. A complete application shall include without limitation the following plans and information and shall be submitted in accordance with the schedule adopted on an annual basis by the Building Review Board. • Completed Building Scale Calculation Form. • Impervious Surface Calculation. • Application Form. • Description of Exterior Materials Form. • Statement of Intent. • Legal Plat of Survey. • Site Plan of Proposed Improvements. • Grading Plan (if any grade change is proposed). • Site Grading Cross Section (if any grade change is proposed). •Tree Survey. • Dimensioned drawings of all new structures or additions showing exterior materials. • All Elevations –At least one elevation shall be in color . • Floor Plans. 62 • Roof Plan. • Cross Sections. • Streetscape Elevation. (Required for all new houses and major additions visible from the street) • Landscape Plan. •Photographs of the site and existing buildings. • All applicable fees. • Other materials as required by the Director of Community Development, including, without limitation, a roof line mock-up. In addition to the above materials, the following shall be submitted for all applications for demolition. •A Written Statement addressing the demolition criteria. •Structural Evaluation from an independent structural engineer. • Massing Model. •Site Plan Overlay of existing and proposed structures and hardscape. • Elevation Overlays of existing and proposed elevations. One or more of the required materials may be waived if the Director of Community Development determines that the information is not relevant to the project or to the issues that will be considered by the Board. Detailed information on the required materials shall be provided in the application packet available from time-to-time through the Community Development Department. 63 (ii)Site Staked. No less than 14 days prior to the Building Review Board meeting at which the application is scheduled to be considered, the foot print of all new residences and all additions shall be staked. Application for Building Review Board Consideration and Action. Unless an application for waiver is granted or deemed granted by the Building Review Board in accordance with Paragraph 9-86C3a of this Code, a complete Building Review Board application shall be submitted to the Community Development Department. Within 5 days after receipt of the application, the Director of Community Development shall issue a written notice to the petitioner identifying deficiencies in the completeness or correctness of the application. Public Hearing. After receipt of a complete Building Review Board application, a public hearing shall be set within 60 days thereafter, or at the first regularly scheduled Building Review Board that has not been fully subscribed, but in no event later than 120 days after receipt of a completed application. If a hearing is not commenced within said 60-daythe period set forth in the preceding sentence, the application shall be deemed approvedrecommended for approval and shall be presented to the City Council pursuant to 9-86C3(c) for final determination. A t the hearing, the applicant and any owner of property within the surrounding neighborhood shall have the right to submit written and oral testimony. (iii)Notice of Hearing Not less than ten days before the date of the public hearing, the Director shall post notice of the time and place of the hearing and mail notice of the hearing to the owners of each property within 1,320 feet of the subject property or within three properties deep, whichever is less. For purposes of this Paragraph 9-86C3b, an "owner" of a property shall be either (i) an occupant, (ii) a legal or beneficial owner, or (iii) the person to whom the most recent real estate tax bill has been sent. Failure of any owner of a property to receive notice shall not affect the validity of any action taken with respect to a petition. (iv)ActionRecommendation by Building Review Board. At the conclusion of the public hearing, the Building Review Board shall vote in public whether to approve, disapprove, or grantrecommend to the City Council approval, disapproval, or conditional approval of the application based upon consideration of the standards set forth in Paragraph 9-86C4. The Board may continue consideration of an application if the 64 Board determines that additional information is required. On behalf of the Board, the Director of Community Development shall transmit the written findings and determination of the Board, in the form of a Meeting Action Summary, within 10 business days after the conclusion of the hearing to: (A)the applicant; and,(B)any owner of property in the surrounding neighborhood who delivers a written request for such determination to the Director of Community Development within 3 days after the close of the public hearing. I n the event of disapproval or conditional approval, the failure of the Director of Community Development to issue a Meeting Action Summary within 10 business days after the conclusion of the hearing or such further time to which the applicant may agree, shall be deemed to be an approval of the application issued as of the eleventh business day following the public hearing, and (C) the City Council. c.Appeal of Board Decision (i)Action by City Council. If the applicant or any owner in the surrounding neighborhood of a project seeks to appeal the determination of the Building Review Board, such appeal shall be filed with the City Clerk, in the City Manager’s Office, no later than 15 days after the issuance of the Meeting Action Summary by the Director of Community Development. W ithin 35 days following the receipt of the appeal, the City Council shall consider such appeal and either uphold the decision of the Building Review Board, overturn the decision with or without modifications or conditions, or remand the application to the Board for further review. The failure of the City Council to consider the appeal within said 35 day period, or such further time to which the applicant may agree,shall be deemed to be an affirmation of the determination of the Building Review Board. (ii)Remand to Board. In the case of a vote by the City Council for remand of an application, the Chairman of the Building Review Board shall be so notified and shall schedule the matter for a new public hearing at the next regularly scheduled Building Review Board meeting for which adequate time is available to provide the required public notice under Paragraph 9-86C3 (v), or such later time to which the applicant may agree. In all other respects, the 65 hearing on remand shall be conducted in the same manner as any other hearing under Paragraph 9-86C3b. If the hearing on remand is not commenced within 60 days after the City Council's decision to remand, however, the application shall be deemed approved.Following the City Council's receipt of the Meeting Action Summary, the City Council shall by ordinance either approve, approve with conditions, or deny the application. Consideration of such ordinance shall be placed on the agenda of the City Council no later than 45 days after the City Council's receipt the Meeting Action Summary. The City Council may, in its discretion, seek further review on an application prior to action. 4.Standards and Considerations for Architectural and Site Design Review. a.Standards. In evaluating applications for architectural design review, the Director of Community Development, Building Review Board, orand the City Council, as the case may be,shall consider and evaluate the propriety of issuing a building permit in terms of its effect on the stated purposes and goals of architectural design review. To that end, the Director of Community Development, Building Review Board, orand the City Council, as the case may be, shall consider the appearance of a project in terms of the quality of its design and the relationship to its surrounding neighborhood. A project should harmonize with and support Lake Forest's unique character, with special consideration accorded the preservation and enhancement of landmarks, the preservation and enhancement of natural features (including without limitation existing trees and landscaping), and fostering architectural quality that complements the architectural and historic heritage of Lake Forest and the property values within the community. Furthermore, a project must be consistent with all applicable ordinances and regulations of the City, including without limitation the Lake Forest Zoning Code, Comprehensive Plan, and Tree Preservation Regulations,absent a variance granted consistent with applicable Code requirements. In addition to the general standards listed above, the Director of Community Development, Building Review Board, orand the City Council, as the case may be,shall consider, among other factors, the following standards: i.Site plan. (A)All setbacks shall be met or exceeded and disturbance to the natural landscaping on the site should be minimized. Further, the project should be designed to preserve and enhance natural features on the site, 66 including without limitation existing trees, wooded areas, and landscaping. In addition, the project should be designed to minimize changes to the natural grade in order to maintain natural drainage patterns. (B)Access to the site and circulation thereon should be safe and convenient for pedestrians, cyclists, and vehicles. (C)Driveways should be located to maintain adequate space between cuts in the streetscape and to provide space for landscaping and drainage between driveways and neighboring properties. (D)Driveway and parking areas should be screened to reduce visual intrusions into surrounding properties and to maintain the landscape dominant character of the City. Projects that materially affect the natural features of a neighborhood, or that materially alter the spaces and spatial relationships that characterize a property or surrounding neighborhood should be avoided. (E)Screening, fencing, gates and pillars should be consistent in design and materials with the principal buildings on the subject property and with properties in the surrounding neighborhood. (F)Compatibility with the surrounding neighborhood should be achieved; however, repetitive duplication of building designs within the surrounding neighborhood should be avoided. ii.Elevations. (A)The scale and height of the project should be in conformance with the code requirements of the City, and should be visually compatible with the landscaping and topography of the site and with buildings on the site and in the surrounding neighborhood. (B)The relationship of solids to voids in the front facade of a project should be visually compatible with buildings, public ways, and places to which it is visually related in the surrounding neighborhood, and they should add interest to the elevations and relief from building mass. 67 (C)The visual continuity of roofs and their contributing elements (such as parapet walls, coping, and cornices) should be maintained in building development or redevelopment. (D)To the extent applicable, the project should be consistent throughout with the elements of the chosen architectural style (e.g., Colonial, English Tudor, Contemporary etc.) and such architectural style should be maintained for all elevations of the building or structure. Accessory structures should be architecturally compatible with the principal structure on the lot. (E)The elevations of the project should be proportional to the property on which it is located and to the surrounding neighborhood. (F)Compatibility with the surrounding neighborhood should be achieved however,repetitive duplication of building designs within the surrounding neighborhood should be avoided. iii.Landscaping. (A)Landscaping plans should be consistent with the natural environment of the site, adjacent properties, and the surrounding neighborhood; provided that, when a site is open, suitable landscaping consistent with the wooded nature of the City should be provided. (B)Existing natural features should be appropriately preserved and integrated into the project. Under appropriate circumstances, a conservation area consisting of landscaping and natural growth, but excluding lawns and any impervious surface between adjacent properties or along the streetscape, would promote this objective. iv.Type, Color and Texture of Materials. (A)Exterior materials should be of the highest quality, appropriate for the intended use, and consistent with the chosen architectural style. (B)Materials should be selected for both their durability and usefulness, however, imitation and synthetic substitutions should be avoided. 68 (C)Colors of the materials for the project should be harmonious with compatible accents. Materials, level of detail, and ornamentation should be consistent with the particular architectural type that is proposed. (D)Design, material, and color scheme should be compatible with and enhance the character of the property and the surrounding neighborhood. A project that is obviously incongruous with its surroundings or unsightly and grotesque should be avoided. (E)A project’s design or color should not be distracting to vehicular traffic so as to cause a safety hazard. v.Overall Site Layout. (A)The building layout should maximize the distance between buildings on the site and buildings on adjacent properties. (B)The building layout should maintain appropriate distances between buildings on the site itself. (C)The size, scale, and nature of a building or project should be consistent with the existing streetscape and character of the neighborhood and should not be inconsistent with the planned character for the surrounding neighborhood as expressed in the Comprehensive Plan. (D)The project shall not cause a substantial depreciation in the property values of adjacent buildings, the surrounding neighborhood, or the City. (E)The project should not unduly detract from the natural environment of the site, adjacent properties, or the surrounding neighborhood. These standards and the specific residential design guidelines described in Paragraph 9-86C4b below are intended to encourage strong design and to provide direction on how to achieve that goal. These standards are not intended to limit creativity or restrict imagination, innovations, or variety in architectural styles, but rather seek to preserve and enhance Lake Forest’s unique historic and architectural character and surrounding neighborhoods. b.Specific Residential Design Guidelines. In addition to the standards set forth above, in reviewing an application for a residential project, 69 the Director of Community Development, Building Review Board, orand the City Council, as the case may be,shall consider whether the project meets the "City of Lake Forest Residential Design Guidelines," which guidelines are set forth as Appendix 9-86C of the City Code and by this reference incorporated herein. 5.Plan Modifications.It shall be unlawful to alter or in any way modify plans that have been reviewed and approved by the Director of Community Development, Building Review Board, or City Council,as the case may be. If during the course of construction, it is desired to deviate from the application and plans as approved, the owner or contractor shall so notify the Director of Community Development. Upon such notification, the Director of Community Development may request additional plans or may accept a written statement from the Architect indicating the proposed change. D epending on the nature, significance,and impact of the change, the Director of Community Development may approve it or refer the matter back to the Building Review Board for public hearing and action on the proposed modificationmust obtain a waiver pursuant to Subsection 9-86C3(a) or obtain approval from the City Council for such modifications. 6.Duration of Approvals. No Building Review Board approval or City Council approval granted on an appeal shall be valid for a period longer than 2 years from the date of such approval unless within such period a building permit is obtained and all fees are paid. However, the Director of Community Development is not prohibited from referring back to the Building Review Board projects for which approval was granted more than two years previously.If a building permit is not granted and fees are not paid within such period, the City Council, in its discretion,may extend the duration of any such approval upon request. 7.Historic Preservation Jurisdiction. Notwithstanding anything to the contrary in this Section 9-86, any matters pertaining to changes to a Landmark or a District as designated under the Lake Forest Historic Preservation Ordinance shall be subject to the jurisdiction of the Lake Forest Historic Preservation Commission, and the Building Review Board shall conduct no proceedings relating to such Landmark or District. 70 Sec. 9-87.BUILDING SCALE AND ENVIRONMENT. A. FEES. Any required fees shall be in accordance with the most recent fee schedule, approved by the City Council and on file in the Community Development Department. B.PURPOSE. The City of Lake Forest is one of the oldest planned communities in the State of Illinois and it has grown in essential accord with its Comprehensive Plan. I n order to preserve and protect the existing developed properties in the City, to maintain the Comprehensive Plan of the City to regulate development and to preserve and protect the public health, safety and well-being, it is necessary to regulate building scale and environment. The City of Lake Forest is experiencing unprecedented real estate development pressures. As a result, there is real concern with the scale of some of the new residences, additions to existing residences, and accessory structures within the City. In addition, there is concern about the loss of existing affordable housing stock and the impacts of infill development on the character and infrastructure in establishing neighborhoods. It has been determined that the construction of large residences and accessory buildings that may be appropriate in estate settings are now being constructed on subdivision lots of inadequate area. T he residences are often out of scale with the surrounding environment. It is in the public interest of The City of Lake Forest to maintain an appropriate balance between building scale and the local environmental setting. The City of Lake Forest is dedicated to maintaining the existing character and ambiance of the community. In the past, the City has encouraged a development pattern characterized as suburban estate wherein the landscape is generally dominant over the improvements. Now there is a significant trend to increase the size of residences in relation to the size of the lot. In addition, many sites under development are located in open spaces. The balance between landscaping and building scale in relation to space available is causing a noticeable change in the character of the community. It is the intent of The City of Lake Forest to develop reasonable performance standards wherein the essential residential character of the City is maintained and fostered. C.DEVELOPMENT REQUIREMENTS. 1.Maximum Building Size. 71 The maximum building size is calculated based on the methodology established in Section 9-87D of this chapter. The Building Scale regulations apply to all single family homes and duplexes. The maximum allowable square footage may be disapproved if the Board finds that the proposed residence or addition(s) violate Section 9-86 of the Building Code. a.Maximum Square Footage Allow ance i.For lots of 18,900 square feet in area or smaller -- The maximum square footage of all structures on a zoning lot is determined by the following formula: Single Family and Duplex Dwelling (Lot area x .14) + 1,300 sq. ft. ii.For lots of 18,901 square feet to 40,000 square feet -- The maximum square footage of all structures on a zoning lot is determined by the following formula: Single Family Dwelling (Lot area x .05) + 3,000 sq. ft. Duplex Dwelling (Lot area x .125) + 2,500 sq. ft. iii.For lots larger than 40,000 square feet -- The maximum square footage of all structures on a zoning lot is determined by the following formula: Single Family Dwelling (Lot area x .08) + 1,800 sq. ft. Duplex Dwelling (Lot area x .125) + 2,500 sq. ft. b.Basement Area Calculation i.Basements or portions of basements that extend above the adjacent ground area to a height of three and a half (3.5) feet or greater as measured from the top of the finished first floor to the lowest finished grade of the ground adjacent to the 72 building, are included in the building scale calculation; provided, however, that such basement in dwellings constructed prior to January 9, 1989 shall be excluded from the building scale calculation. EXHIBIT A ii. Basements located wholly below grade and traditional window wells with a maximum width of 3 feet (3) are not included in the building scale calculation. EXHIBIT B iii. The portion of the basement included in the calculation shall be based on the extent of the basement above grade and shall be calculated as follows: FINISHED GRADE TOP OF FOUNDATION WALL TOP OF FIRST FLOOR BASEMENT 3’-6” FINISHED GRADE TOP OF FOUNDATION WALL TOP OF FIRST FLOOR BASEMENT 3’-6” COUNTED NOT COUNTED NOT COUNTED BASEMENT BASEMENT BASEMENT FIRST FLOOR FIRST FLOOR FIRST FLOORFINISHED GRADE FINISHED GRADE FINISHED GRADE 3’-0” MAX. COUNTED NOT COUNTED NOT COUNTED BASEMENT BASEMENT BASEMENT FIRST FLOOR FIRST FLOOR FIRST FLOORFINISHED GRADE FINISHED GRADE FINISHED GRADE 3’-0” MAX. 73 [TOTAL SQAU RE FOOTAGE OF BASEMENT] X {[PERIMETER OF EXPOSED BASEMENT] / [PERIMETER OF ENTIRE BASEMENT]} c. Second Floor and Attic Area Calculations The amount of second floor and third floor attic square footage included in the building scale calculation is determined by the second floor plate height and overall height of the residence. Attic space may be factored into the calculations whether or not truss construction is used. i. Second Floor Calculation Second floor area is included in the building scale calculations for any selection of the second floor lying beneath the plane formed by the Second Floor Calculation Line and its intersection with any exterior portions of the building (see illustration Exhibit C). The Second Floor Calculation Line is measured from the top of first floor in accordance with the following: For all lot sizes, the Second Floor Calculation Line is 19 feet above the top of the first floor. 74 EXHIBIT C ii. Third Floor Attic Calculation Third floor attic area is included in the building scale calculations for any selection of the attic lying beneath the plane formed by the Attic Calculation Line and its intersection with any exterior portion of the building (see illustration Exhibit D). The Attic Calculation Line is measured from the top of first floor in accordance with the following: 1.1 For Lots 40,000 square feet or smaller, the Attic Calculation Line is 26.5 feet above the top of the first floor. 1.2 For Lots 40,001 square feet or larger, the Attic Calculation Line is 28 feet above the top of the first floor. EXTERIOR PLANE OF ROOF Second Floor Area 19 FeetTop of First Floor Second Floor Calculation Line Second Floor Area Second Floor Area Second Floor Area 19 FeetTop of First Floor Second Floor Calculation Line Second Floor Area Second Floor Area 75 EXHIBIT D d.Elements Exempted from the Above Calculations i. Garages. In addition to the square footage permitted by the formulas in Section 9-87C1a above, each zoning lot shall be entitled to square footage for a garage in accordance with the following formulas. 1.1 For lots of 18,900 sq. ft. in area or smaller -- Garage Allowances: 576 square feet with a maximum of width of 24 feet. 1.2 For lots of 18,901 to 40,000 square feet --Garage Allowances: 600 square feet 1.3 For lots larger than 40,000 square feet -- Garage Allowances: 800 square feet Top of First Floor 26.5 Feet or 28 FeetDepending on Lot SizeAttic Calculation Line Attic Area EXTERIOR PLANE OF ROOFEXTERIOR PLANE OF ROOF 76 1.4 Garages that exceed the allowable square footages may be constructed, but the square footage in excess of that allowed under Section 9-87C1a(i) (1.1-1.3) shall be deducted from the maximum square footage permitted for the residence. Prior to approval of a garage in excess of the allowable size, the project must be found to be conformance with Section 9-86 of the City Code. ii. Other Exemptions. The following elements shall be exempted from the Building Scale calculation if the project is in conformance with Section 9-86 of the City Code and if the total square footage of these elements does not exceed 10% above the maximum allowable square footage for the residence. --Front or Side Porch --Covered Entry --Portico --Rear or Side Screen Porch --Breezeways --Individual Dormers --Bay W indows The Director of Community Development shall be authorized to develop regulations to define further the foregoing elements, which regulations shall be set forth in a “Building Scale Methodology Document” that shall be available to the public from the Community Development Department. iii. Storage Sheds. Storage sheds up to a maximum size of 100 square feet may be permitted if all other applicable provisions of the City Code are satisfied. Storage sheds shall not count toward 10% overage allowed for the elements listed in Section 9-89C1d(ii) above. 2.Lot Area Calculation. a. Lot Area Lot area shall be determined by calculating the total square footage within the boundaries of the property lines based on as up-to-date official plat of survey. The plat survey must be prepared or updated by an Illinois registered land surveyor and contain, at a minimum, the following information: i. Any lot which is not rectangular or which has easements for ingress and egress, natural and man made storm water retention ponds, or wetlands, shall have the lot area certified 77 by the surveyor, including a detailed breakdown of square footage of lot area with, and without such easements, ponds, or wetlands. ii. Full exterior dimensions of all existing structures on the property. b.Building Scale Calculation For purposes of calculating building scale, the following areas are not included in determining total lot square footage. i.The access easement for lots-in-depth shall not be included in the square footage for either the front or rear lot. EXHIBIT E ii.50% of any non-table land on the property as defined in Section 46-15 of the City Code. Certification of the total square footage by a Registered Land Surveyor may be required by the Director of Community Development. EXHIBIT F SETBACK LINES PROPERTY LINES ACCESS EASEMENT AREA NOT INCLUDED IN LOT SIZE STREETLOT 2 LOT 1 TABLE LAND (100%)NON TABLE LAND (50%) LOT SIZE CALCULATION 100% TABLE LAND + 50% NON TABLE LAND TABLE LAND (100%)NON TABLE LAND (50%) LOT SIZE CALCULATION 100% TABLE LAND + 50% NON TABLE LAND 78 79 80 3.Building Height. The maximum height of a single-family dwelling or two-family dwelling shall not exceed the following: Maximum Height, Measured Lot Size to the Ridge Line 18,900 square feet or less 30 feet 18,901 to 40,000 sq. ft.35 feet 40,001 sq. ft. or greater 40 feet For new construction, the top of first floor shall not be more than 1’-6” above the average finished grade adjacent to the building unless required under the provisions of the Lake County W atershed Development Ordinance. Maximum height will be measured from the lowest grade immediately adjacent to the proposed structure, prior to construction, to the highest roof ridge line. 81 EXHIBIT G 4.Planned Residential Development Provisions.In any subdivision involving a nonstandard single family development, including, but not limited to, a Planned Development, as permitted under Section 46-24 of the Zoning Code, or a Residential Open Space Subdivision, as permitted under Section 46-46 of the Zoning Code, the City shall, during the subdivision review process, establish a maximum floor area per lot for such development, consistent with the intent of this section and reflective of the uniqueness of the particular subdivision. D.EXCEPTIONS GRANTED BY BUILDING REVIEW BOARD.The Building Review Board shall have the authority to recommend that the City Council grant exceptions to the maximum floor area requirements set forth in Section 9-87C, for a new residence or an addition to an existing residence if Standard 1 below is satisfied and at least one of the other Standards set forth in this Section 9-87D is met. Standard 1 --The project is consistent with the design standards in Section 9-86 of the City of Lake Forest Code. Standard 2 --Mature trees and other vegetation on the property effectively mitigate the appearance of excessive height and mass of the structure and as a result, the proposed development is in keeping with the streetscape and overall neighborhood. Standard 3 --New structures or additions are sited in a manner that minimizes the appearance of mass from the streetscape. In addition, the proposed structures or additions will not have a significant negative impact on the light to and views from neighboring homes. LOWEST EXISTING GRADE ADJACENT TO STRUCTURE PROPOSED NEW GRADE TOTAL HEIGHT OF BUILDING EXISTING GRADE LOWEST EXISTING GRADE ADJACENT TO STRUCTURE PROPOSED NEW GRADE TOTAL HEIGHT OF BUILDING EXISTING GRADE 82 Standard 4 --The height and mass of the residence, garage, and accessory structures will generally be compatible with the height and mass of structures on adjacent lots, buildings on the street and on adjacent streets, and other residences and garages in the same subdivision. Standard 5 –The property is located in a local historic district or is designated as a Local Landmark and the addition is consistent with the standards in the Historic Preservation Ordinance and approval of a variance would further the purpose of the ordinance. Standard 6 –The property is adjacent to land used and zoned as permanent open space, a Conservation Easement, or a detention pond and the structures are sited in a manner that allows the open area to mitigate the appearance of mass of the buildings from the streetscape and from neighboring properties. E.AP PLICATION FOR DEMOLITION PERMIT. To permit adequate time for consideration of alternatives to demolition of an existing building(s), and to ensure development consistent with the goals of the City, a demolition permit shall be issued only after two years following an application for demolition unless one of the following exceptions shall cause said permit to be issued earlier: 1.Fire or other casualty damage or structural deterioration shall have rendered the structure and/or remains, in the opinion of the Director of Community Development of The City of Lake Forest, an immediate health or safety hazard. (Nothing in this section shall be deemed to limit the power of such official to condemn, and order the demolition of, any structure which is hazardous or unsafe.) 2.It is determined upon proper application for an exception, and following a public hearing by the Building Review Board, in consideration of the criteria and purpose of this section and Section 46-27 (Historic Residential and Open Space Preservation) of the Zoning Code, that a delay in demolition would not further the purpose of this section and Section 46-27 of the Zoning Code, because;: a.The structure itself, or in relation to its environs, has no significant historical, architectural, aesthetic or cultural value in its present or restored condition; or b.Realistic alternatives (including adaptive uses) are not likely because of the nature or cost of work necessary to preserve such structure or realize any appreciable part of such value; or c.The structure in its present or restored condition is unsuitable for residential, or a residentially compatible use; or d.The demolition is consistent with, or materially furthers, the criteria and purpose of this section and Section 46-27 of the Zoning Code. 83 3.It is determined by the City Manager that the issuance of a demolition permit is clearly consistent with the criteria of this section and Section 46-27 of the Zoning Code. In cases where the applicant for demolition permit intends to construct a replacement building(s), neither the Building Review Board nor the City Manager shall have authority under paragraphs E(2) or E(3), immediately above, to exempt any applicant from the two year waiting period imposed by this sub-section,unless the applicant shall have first obtained approval by the Building Review BoardCity Council of any such replacement building(s), in accordance with the criteria set forth in Section 9-86 above. Additionally, any new building sought to be constructed as a replacement building after demolition, as permitted under this section, shall require advance approval by the Building Review Board in accordance with Section 9-86 above, prior to the issuance of a building permit. F.DEMOLITION PERMIT RULING. The City Manager may render an opinion that a demolition permit would be issued for a particular residence, if he or she finds that such demolition would be clearly consistent with the purpose and criteria of this section and Section 46-27 of the Zoning Code. 1.The City Manager may refer any or all requests for such decision to the Building Review Board to allow the Board to make such ruling. 2.Any petitioner who receives a decision from the City Manager that a residence may not be demolished, may appeal such decision to the Building Review Board and then to the City Council. 3.The final determination in any such ruling either by the City Manager or the Building Review Board shall be valid for two years from the date of such ruling. 4.Regardless of the outcome of a ruling request, no demolition permit shall be issued, except in accordance with the provisions of sub-section (E) above. G.NothwithstandingNotwithstanding anything to the contrary in this Section 9-87, any matters affecting a Landmark or a District as designated under the Lake Forest Historic Preservation Ordinance shall be subject to the jurisdiction of the Lake Forest Historic Preservation Commission, and the Building Review Board shall conduct no proceedings relating to such Landmark or District. 84 1 THE CITY OF LAKE FOREST ORDINANCE NO. 2012-__ AN ORDINANCE AMENDING CHAPTER 9 OF THE CITY OF LAKE FOREST CODE REGARDING ARCHITECTURAL AND DESIGN REVIEW AND BUILDING SCALE AND ENVIRONMENT WHEREAS, The City of Lake Forest (the "City") is an Illinois special charter and home rule municipal corporation; and WHEREAS, the City has a long tradition of careful community planning and rigorous zoning and development regulations that has resulted in high quality design and construction of residential and non-residential buildings that are appropriately scaled for the lot and surrounding neighborhoods in which they are located; and WHEREAS, the City has a long tradition of valuing and protecting its historic character and first initiated legislation to preserve its historic visual character over 50 years ago by establishing the Building Review Board and continues to regulate the quality of buildings through Chapter 9 of the City Code, entitled "Buildings" (the "Building Code"); and WHEREAS, construction design and development inconsistent with the City's historic character adversely impact the landmarks and historic districts within the City and threaten the long-term value of property within the City; and WHEREAS, in furtherance of (i) its rich architectural, planning, and zoning heritage, (ii) the protection and preservation of the historic and architectural character of the City, and (iii) the City's overall land development regulatory programs and efforts, the City has implemented through the Building Code architectural guidelines and building scale regulations to ensure the continued quality of design and construction of buildings within the City; and 85 2 WHEREAS, the Building Code is essential to supporting the objectives of the Zoning Code and the Comprehensive Plan, to preserve and enhance the appearance of the City, and to protect the property values herein; and WHEREAS, the Building Review Board has reviewed, and recommended revising, the Building Code in order to conform more closely with recent judicial interpretations; and WHEREAS, the Mayor and City Council have determined that the best interests of the City and its residents will be served by amending the City's Building Code as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows: SECTION ONE: Recitals. The foregoing recitals are by this reference incorporated into and made a part of this Ordinance as if fully set forth. SECTION TWO: Amendments to Section 9-86 the Building Code. Section 86, entitled "Architectural and Site Design Review" of Chapter 9, entitled "Buildings," of the City Code of The City of Lake Forest is hereby amended in its entirety, and shall hereafter be and read as presented in Exhibit A to this Ordinance. SECTION THREE: Amendments to Section 9-87 the Building Code. Section 87, entitled "Building Scale and Environment" of Chapter 9, entitled "Buildings," of the City Code of The City of Lake Forest is hereby amended in its entirety, and shall hereafter be and read as presented in Exhibit B to this Ordinance. 86 3 SECTION FOUR: Effective Date. This Ordinance shall be in full force and effect following its passage, approval, and publication in pamphlet form in the manner provided by law. PASSED THIS ___ DAY OF _______, 2012. AYES: NAYS: ABSENT: ABSTAIN: APPROVED THIS ___ DAY OF _______________________, 2012. Mayor ATTEST: City Clerk 87 4 EXHIBIT A 88 5 EXHIBIT B 89 Page 1 Chapter 51 “Historic Preservation” TABLE OF CONTENTS: Section 51-1.Purpose Section 51-2. Definitions Section 51-3.Historic Preservation Commission Section 51-4.Nomination, Consideration, and Designation of Lo cal Landmarks and Districts Section 51-5.Criteria for Designation of Local Landmarks or Districts Section 51-5A.Criteria for Designation of Interior Landmark Section 51-6.Certificate of Appropriateness Section 51-7. Standards for Review of Applications for Certificates of Appropriateness Section 51-8.Exceptions to Issuance of Certificate of Appropriateness Section 51-9.Certificate of Economic Hardship Section 51-10.Appeals Section 51-11. Amendment and Rescission of Designation Section 51-12.Designation of Landmarks and Listed in the National Register of Historic Places Section 51-13.Penalties Section 51-14.Severability Sec. 51-1.PURPOSE. The purpose of this Chapter is to promote the educational, cultural, economic, and general welfare of The City of Lake Forest by: (A)Identifying, preserving, protecting, enhancing, and encouraging the continued utilization and the rehabilitation of such areas, properties, structures, sites, and objects having a special historical, community, architectural, or aesthetic interest or value to The City of Lake Forest and its citizens; (B)Safeguarding The City of Lake Forest's historic and cultural heritage, as embodied and reflected in such areas, properties, structures, sites, and objects determined eligible for designation by ordinance as Landmarks and Historic Districts; (C)Fostering civic pride in the beauty and noble accomplishments of the past as represented in such Landmarks and Districts; (D)Protecting and enhancing the value of properties within The City of Lake Forest by promoting the attractiveness of The City to homeowners, home buyers, tourists, visitors, businesses, and shoppers, and thereby supporting and promoting business, commerce, industry, and tourism, and providing economic benefit to The City of Lake Forest; 90 Page 2 (E)Fostering and encouraging preservation, restoration, and rehabilitation of areas, properties, structures, sites, and objects, including entire districts and neighborhoods, and thereby preventing future blight and deterioration; (F)Fostering the education, pleasure, and welfare of the people of Lake Forest through the designation of Landmarks and Districts; (G)Encouraging orderly and efficient development that recognizes the special value to The City of Lake Forest of the protection of areas, properties, structures, sites, and objects as Landmarks and Districts; (H)Continuing the preparation of surveys and studies of Lake Forest's historical and architectural resources and maintaining and updating a register of areas, properties, structures, sites, and objects that may be worthy of landmark designation; and (I)Encouraging public participation in identifying and preserving historical and architectural resources through public hearings on proposed designations, applications for changes to historic structures, applications for economic hardships and special merit applications. Sec. 51-2.DEFINITIONS. In the event of a conflict between the following definitions and the definitions included in any other ordinance of The City of Lake Forest, the following definitions shall control. (A)ALTERATION: Any act or process requiring a building permit or demolition permit, or any act or process included in Section 51-6(A), that changes one or more of the historic, cultural, architectural or archaeological features of an area,or site, or the exterior architectural appearance of a property, structure,or object, including, but not limited to, the erection, construction, reconstruction, or relocation of any property, structure or object, or any part of a property, structure or object, or land altering activities. (B)APPLICANT: A person who submits an application for issuance of a Certificate of Appropriateness or Certificate of Economic Hardship. (C)APPLICATION: A form submitted for approval of alteration, interior alteration, construction, demolition or relocation that requires issuance of a Certificate of Appropriateness or Certificate of Economic Hardship. (D)AREA: A specific geographic division of The City of Lake Forest. (E)BUILDING REVIEW BOARD: The Building Review Board of The City of Lake Forest. (F)BUSINESS DAY: A day on which the Community Development Department is open for business. Sections of this Chapter that refer to time periods in which “business days” are not specified shall be understood to refer to calendar days. 91 Page 3 (G)CERTIFICATE OF APPROPRIATENESS: A certificate issued by the Commission indicating review and authorization of plans for alteration, interior alteration, construction, demolition or relocation of a Landmark, or property, structure, site or object within a District. (H)CERTIFICATE OF ECONOMIC HARDSHIP: A certificate issued by the Commission after a determination by the Commission that the previous denial of a Certificate of Appropriateness has resulted in a denial of all reasonable use of and return from the property. (I)COMMISSION: The City of Lake Forest Historic Preservation Commission. (J)COMMISSIONERS: Persons appointed by the Mayor, with the advice and consent of the Council, to the Lake Forest Historic Preservation Commission. (K)COMMUNITY DEVELOPMENT DEPARTMENT: The Lake Forest Community Development Department. (L)CONSTRUCTION: The act of adding to a structure, or the erection of a new principal or accessory structure on a property or site, in a manner that requires a building permit. (M)CONTRIBUTING SIGNIFICANCE: A classification applied to an area, property, structure, site or object within a District signifying that it contributes generally to the qualities that give the District historic, cultural, architectural or archaeological significance as embodied in the criteria for designating a District. An area, property, structure, site, or object can be contributing even if it has been altered, as long as it maintains the character defined for the District. (N)COUNCIL: The City Council of The City of Lake Forest. (O)DEMOLITION: Any act or process that destroys all or any part of an exterior wall, foundation, interior, roof structure or exterior column or load-bearing wall of a Landmark, an Interior Landmark,or a property, structure, site, or object within a District. (P)DESIGN GUIDELINE: Any design standard specified by the Commission for alteration, interior alteration, construction or relocation that is unique to a particular Landmark or District to be used in conjunction with other design standards in this Chapter, and the Secretary of Interior's Standards for Rehabilitation of Historic Properties, as amended. (Q)DISTRICT: An identifiable area with definable boundaries designated as an "Historic District" by the Council and in which a significant number of the properties, structures, sites or objects have a high degree of historic, cultural, architectural, or archaeological significance and integrit y. Many of the properties, structures, sites or objects included in the District may qualify as Landmarks and may o r may not be contiguous. For purposes of this Chapter and unless otherwise expressly provided by Council in the ordinance for 92 Page 4 designation, all designations shall presumptively include the lot(s) of record associated with structures and objects located in the District. (R)EXTERIOR ARCHITECTURAL APPEARANCE: The architectural character and general composition of the exterior of a property, structure or object, visible from a public street or public way, including but not limited to the kind and texture of the building material and the type, design and character of all architectural details and elements, including, but not limited to, windows, doors, light fixtures, trim, and signs. (S)INTERIOR ALTERATION: Any act or process requiring a building permit or a demolition permit, or an act or process included in Section 51-6(A) that changes one or more of the historic, cultural, architectural, or archaeological features of an Interior Landmark. (T)INTERIOR LANDMARK: The interior portion of a structure designated as an "Interior Landmark" by the Council because of its historic, cultural, architectural, or archaeological significance to The City of Lake Forest. For purposes of this Chapter, any Interior Landmark designation shall be limited exclusively to those areas and features within a structure expressly described or depicted in the Council's ordinance for designation, and may include without limitation the configuration of interior space, the kind, color, and texture of the building materials and finishes, the type and style of windows, doors, lights, signs, affixed elements such as columns, cornices, baseboards, fireplaces and mantels, flooring, paneling, light fixtures, hardware and other fixtures appurtenant to such interior. (U)LAND ALTERING ACTIVITY: Any act or process requiring a permit that changes one or more of the historic, cultural, architectural, natural or archaeological features of an area, property or site, including but not limited to, berming, scraping, leveling, grading, pile driving, excavating, and compacting. (V)LANDMARK: A site, property, structure, or object designated as a "Landmark" by the Council that has a high degree of historic, cultural, architectural or archaeological significance to The City of Lake Forest. Designation by Council as a Landmark does not require that the site, property, structure, or object be of higher historic, cultural, architectural or archaeological significance than a site property, structure, or object contributing significance in a District. For purposes of this Chapter and unless otherwise expressly provided by Council in the ordinance for designation, all designations shall presumptively i nclude the lot(s) of record associated with the structure or object designated as a Landmark and shall be limited to the exterior of the Landmark. (W)LOT OF RECORD: A "zoning lot" as defined in the Lake Forest Zoning Code, Section 46-2.B.56 of The Lake Forest City Code. (X)MEMBERS: Members of the Commission, also referred to throughout this Chapter as “Commissioners.” (Y)NOMINATOR: A person or persons who submit a form for the designation of a 93 Page 5 Landmark, Interior Landmark,or District. (Z) NON-CONTRIBUTING: A designation applied to a property, structure, site or object within a District indicating that it is not a representation of the qualities that give the District historic, cultural, architectural or archaeological significance as embodied in the criteria for designating a District. (AA)OBJECT: Anything constructed, fabricated, or created, the use of which does not require permanent or semi-permanent location on or in the ground, and can be moved from one location to another, including without limitation ships, boats, railroad cars, automobiles, wagons, tractors, statues and works of art. (BB)OWNER OF RECORD: For purposes of this Chapter, owner of record shall mean any person having a legal or equitable interest in a property. The owner of record may be established by reference to the most current property tax assessment rolls as maintained by the Assessor of Lake County. (CC)PERSON: An individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, or any other legal entity. (DD)PLAN COMMISSION: The Lake Forest Plan Commission. (EE)PROJECT: Any alteration, construction, demolition or relocation of an area, property, structure, site or object. (FF)PROPERTY: Land and structures or land and objects identified as a separate lot for purposes of the subdivision and zoning regulations of The City of Lake Forest. (GG)RELOCATION: Any repositioning of a structure or object on its site or to another site. (HH)RULES: The Rules and Procedures of the Lake Forest Historic Preservation Commission, as they may exist from time-to-time. (II)REPAIR: Any change to an area, property, structure, site or object that is not alteration, construction, relocation or demolition. (JJ)SITE: The location of an event, activity, structure or object. (KK)STRUCTURE: Anything constructed or erected, the use of which requires, directly or indirectly, a permanent location on or in the ground, including without limitation buildings, garages, fences, gazebos, signs, billboards, antennas, satellite sending or receiving dishes, swimming pools, walks, walls, steps, sidewalks, and works of art. (LL)ZONING BOARD OF APPEALS: The Lake Forest Zoning Board of Appeals. 94 Page 6 Sec. 51-3.HISTORIC PRESERVATION COMMISSION. (A)Creation, Composition, Term. There is hereby created a Lake Forest Historic Preservation Commission herein referenced as the Commission. (1) The Mayor, with the advice and consent of the City Council, shall appoint seven (7) Commissioners with one of the members appointed as Chairman. Each shall have demonstrated interest, knowledge, ability, experience or expertise in architectural restoration, rehabilitation, or neighborhood conservation or revitalization. Each member may serve a maximum of three consecutive, two (2) year terms on a staggered basis so that the terms of not more than four (4)Commissioners shall expire in any calendar year. Every Commissioner shall continue in office after expiration of the term until a successor shall have been duly appointed. (2)Notwithstanding the requirements of Section 51-3(A)(1), upon adoption of this Chapter, the Mayor, with the advice and consent of Council, shall appoint seven Commissioners. The terms of these Commissioners shall commence upon appointment. (3)A chair of the Commission shall be appointed by the Mayor, with the advice and consent of the Council, prior to May 1 of each year. The chair shall serve a term of one (1) year and shall be eligible for reappointment. In the absence of the chair,a designated Commission member shall act as chair and shall have all the powers of the chair. The acting chair shall have such other powers and duties as may from time to time be provided by the rules of the Commission. (4)One of the Commissioners may also serve concurrently as a member of the Plan Commission. (5)Permanent vacancies on the Commission shall be filled by the Mayor with the advice and consent of Council for the unexpired term of the former Commissioner. (6)Any Commissioner may be removed from office at any time by the Mayor for failure to regularly attend meetings or inattention to duties or responsibilities. (7)Commissioners shall be subject to the provisions of all rules, regulations, ordinances and statutes governing conduct of members of the boards and commissions of The City of Lake Forest, including but not limited to Chapter 50, “Governmental Ethics,” of the City Code of The City of Lake Forest, Illinois State Statutes regarding gifts to public officials, filing of Statements of Economic Interest, and the like. (8)Commissioners shall serve without compensation. (B)Powers and Duties. The Commission shall have the following powers and duties. 95 Page 7 (1)To investigate and make recommendations to the Council or its duly authorized committee concerning amendments and additions to City ordinances or Codes. (2)To provide a forum for public discussion of historic preservation issues. (3)To prepare and distribute application forms for the review of proposed demolitions, replacement structures,new structures on vacant lots, additions and alterations within the Historic Districts; to hold meetings and public hearings to review applications for Certificates of Appropriateness affecting proposed or designated Landmarks, Interior Landmarks,and Districts; to approve or disapprove the issuance of Certificates of Appropriateness. (4)To recommend that the Council grant or deny exceptions to the maximum floor area (building scale) requirements set forth in Section 9-87C of the City Code, for a new residence or an addition to an existing residence that is a Landmark or structure within a District, ifbased on the Standards set forth in this Section 9-87D of the City Code are met. (5)To consider applications for Certificates of Economic Hardship; to hold meetings and public hearings to review applications for Certificates of Economic Hardship affecting proposed or designated Landmarks, Interior Landmarks,and Districts; to approve or disapprove the issuance of Certificates of Economic Hardship and to recommend to the City Council Incentive Plans as provided for in this Chapter. (6)To advise and make recommendations to other City Boards and Commissions on matters before those bodies. (7)To call upon available city staff members as well as other experts for technical advice. (8)To adopt its own procedural rules and regulations. (9)To undertake an y other action or activity necessary or appropriate to the implementation of its powers and duties or to implementation of the purposes of this Chapter. (10)To develop guidelines, if it deems appropriate, to further explain how the standards set forth in Section 51-7 may appropriately be incorporated into a project. Such guidelines shall be available from the Community Development Department. (11)To hold meetings and public hearings to review nominations for Landmark, Interior Landmarks,and District designations; to make determinations as to 96 Page 8 whether such nominations do or do not meet the criteria for designation and to forward recommendations for approval of designations to the City Council. (C) Meetings, Hearings, Procedures, and Decisions. (1)Regular meetings of the Commission shall be held monthly. Special meetings may be called, or meetings may be canceled by the chair or any four (4) Commissioners. All meetings, hearings and deliberations shall be subject to the provisions of the Illinois Open Meetings Act. Testimony at any hearing may be required by the Commission to be given under oath. (2) The meeting minutes and a permanent record of all resolutions, motions, transactions and determinations of the Commission shall be kept by t he Director of Community Development or designee. Such records, unless exempt from disclosure by law, shall be public records open to inspection during working hours upon reasonable notice. (3) The Commission shall adopt its own procedural rules for the conduct of its business not inconsistent with the statutes of the state, this Chapter, and the Council Rules. Such rules shall be filed with the Commission and with the City Clerk. Any rule so adopted which relates solely to the conduct of hearings, and which is not required by the statutes of the state or by the Council or by this Chapter, may be waived by the chair upon good cause being shown. (4) The Commission, by its rules, may create a sub-committee structure to enhance efficiency in consideration of Commission business. (5)No motion shall be passed by the Commission that could in any manner deprive or restrict the owner of a property, structure, site or object in its use, alteration, maintenance, disposition or demolition until such owner shall first have had the opportunity to be heard at a public meeting of the Commission. (6)Every determination made by the Commission on an application shall include written findings of fact, and shall specify the reason or reasons for such determination. (7)Notice of any decision of the Commission shall be mailed to the applicant, ordinarily within ten (10) business days of such decision. (8)A quorum shall consist of four (4)Commissioners for any regular or special meeting. A meeting of the Commission cannot be called to order without establishment of a quorum. 97 Page 9 Sec. 51-4.NOMINATION, CONSIDERATION, AND DESIGNATION OF LANDMARKS AND DISTRICTS. (A)Initiation of nomination. (1)For Landmarks and Districts. Nomination of an area, property, structure, site or object for consideration and designation as a Landmark or District shall be submitted to the Commission on a form prepared by the Commission, and may be initiated by any of the following: (a)An owner of record of the area, property, structure, site or object being nominated. (b)A member of the Commission. (c)A simple majority of the Council. (d)A local, State or Federal preservation organization. (2)For Interior Landmarks. Nomination of an interior space (or portion thereof) of a structure for consideration and designation as an Interior Landmark shall be submitted to the Commission on a form prepared by the Commission; and may be initated by any of the following: (a)An owner of record of the area, property, structure, site or object being nominated. (b)A member of the Commission. (c)A simple majority of the Council. (d)A local, State or Federal preservation organization. Provided that for nomination of an interior space (or portion thereof) of any single family residential property, such nomination is initiated by, or concurred with in writing by, the beneficial or legal owner of such interior space. (B)Notification of nomination and public hearing notice. (1)Owners of record shall be notified, by regular mail, of the submission of a nomination form within ten (10) business days of receipt of a complete application. (2) The Commission shall schedule a public hearing on the nomination within sixty (60) days following receipt of the completed nomination form. Notice of the time, place, and purpose of such a hearing shall be given by the Commission not more thirty (30) days nor less than fifteen (15) days prior thereto by the following methods: (a)By mailing of notification to each owner of record of a nominated Landmark or Interior Landmark or owner of record of each property, structure, site or object in a nominated District. 98 Page 10 (b)By publishing a notice in a newspaper of general circulation in The City. (C)Hearing. The hearing shall be conducted in accordance with the Rules of the Commission. The Commission shall consider all testimony or evidence relating to the designation criteria in Section 51-5,from any p erson who makes written submissions or appears at the public hearing. The owner of any n ominated Landmark, Interior Landmark,or of property, a structure, site or object within a nominated District, shall be allowed a reasonable opportunity to present testimony or evidence concerning the applicability of the designation criteria in Section 51-5. (D)Recommendation by Commission. Within sixty (60) days of the close of the public hearing, the Commission shall make a determination upon the evidence as to whether the nominated Landmark, Interior Landmark,or District does or does not meet the criteria for designation in Section 51-5. If the Commission determines that the nominated Landmark, Interior Landmark,or District does meet the criteria for designation, the Commission shall forward a recommendation of approval to the Council. The recommendation shall be accompanied by a report detailing the findings of the Commission in support of the nomination and shall be transmitted to the Council within sixty (60) days. If the Commission fails to make its recommendation within sixty (60) days of the public hearing, or if the Commission finds that the nominated Landmark, Interior Landmark,or District does not meet the criteria for designation, the nomination process shall end. If the Commission fails to make its recommendation within sixty (60) days of the public hearing, or if the Commission votes not to recommend a proposed designation to the Council, the Commission may n ot reconsider the proposed designation, except as provided in Section 51-4(F), for a period of two (2) years from the date of Commission action or the close of the public hearing, whichever is applicable. (E)Designation by Council. (1) The Council shall not act upon a proposed Landmark, Interior Landmark,or District until it has received a written report and recommendation of approval from the Commission. (2)In reaching its decision, the Council shall review the evidence and testimony presented to the Commission. (3) The designation of a nominated Landmark, Interior Landmark,or District shall be by amendment to this Ordinance and shall require the concurrence of a majority of the members of the Council. (4)Notice of the Council’s approval of the designation shall be provided by regular mail to the nominator and all property owners of record of the Landmark, Interior Landmark,or properties within the District. 99 Page 11 (5)If the Council does not approve the recommended designation, the Commission may not reconsider the proposed designation, except as provided in Section 51-4(F), for a period of two (2) years from the date of the Council’s consideration. (F)Reconsideration of Previously Nominated Landmarks, Interior Landmark,and Districts. The Commission may reconsider previously nominated Landmarks, Interior Landmark,and Districts within a period of two (2) years of previous action that occurred in accordance with Sections 51-4(D)and 51-4(E) only under the following conditions: (1)Significant new information concerning the previously nominated Landmark, Interior Landmark,or District relating to the criteria for designation in Section 51-5 is provided, and, (2) The Commission votes by an affirmative vote of at least four (4) Commissioners to reconsider the previously nominated Landmark, Interior Landmark, or District. Sec 51-5.CRITERIA FOR DESIGNATION OF LANDMARKS AND DISTRICTS. Every nominated Landmark or District must meet one or more of the following criteria for designation. (A)Criteria for Landmark Designation. The Commission shall limit its consideration to the following criteria in making a determination on a nomination of an area, property, structure, site, or object for designation by ordinance as a Landmark. (1)Its exemplification of an architectural type, style or design distinguished by innovation, rarity, uniqueness, or overall quality of design, detail, materials, or craftsmanship; (2)Its identification as the work of an architect, designer, engineer, or builder whose individual work is significant in the history or development of The City of Lake Forest, the State of Illinois, the Midwest region, or the United States; (3)Its exemplification of important planning and urban design techniques distinguished by innovation, rarity, uniqueness or overall quality of design or detail; (4)Its representation of an historic, cultural, architectural, archaeological or related theme expressed through distinctive areas, properties, structures, sites or objects that may or may not be contiguous; (5)Its unique location or distinctive physical appearance or presence representing an established and familiar visual feature of a neighborhood, community, of The City of Lake Forest; (6)Its exemplification of a pattern of neighborhood development or settlement 100 Page 12 significant to the cultural history or traditions of The City of Lake Forest, whose components may lack individual distinction. (7)Its identification with a person or persons who significantly contributed to the historic, cultural, architectural, archaeological or related aspect of the development of The City of Lake Forest, State of Illinois, Midwest region, or the United States; (8)Its association with important cultural or social aspects or events in the history of The City of Lake Forest, the State of Il linois, the Midwest region, of the United States; (9)Its location as a site of important archaeological or natural significance; (10)Its location as a site of a significant historic or prehistoric event or activity which may or may not have taken place within or involved the use of any existing improvements on the property. (B)Criteria for Historic District Designation. (1) Unified Historic Districts. All Historic Districts that contain contiguous Properties, Structures, Areas, or Objects of Significance must satisfy the following criteria. (a)At least 50 percent of the Properties, Structures, Areas or Objects of Significance in the Historic District must satisfy at least one of the criteria for Landmark designation set forth in Section 51-5(A); and (b) The Historic District must be geographically definable and reasonably compact in geographic size; and (c) The Historic District must satisfy at least one of the following five criteria: (i)The Properties, Structures, Areas, or Objects of Significance in the Historic District, taken together, shall convey or represent one or more architectural, cultural, economic, historic, social or other aspects particular to the heritage of The City, county, state or country; (ii)The Properties, Structures, Areas, or Objects of Significance in the Historic District shall exhibit consistency or similarity of use, design, size, scale, style, orientation, materials, detailing, façade design, ornamentation, color, lighting, technology, and/or storefronts; (iii)The Properties, Structures, Areas, or Objects of Significance in the Historic District must have been built, used, or have been significant during the same specified time period; 101 Page 13 (iv)The Properties, Structures, Areas, or Objects of Significance in the Historic District must create, define or enhance the character of the Area for which Historic District designation is appropriate; and (v) The Properties, Structures, Areas, or Objects of Significance in the Historic District must be largely intact, particularly with respect to those qualities for which designation as a Historic District is sought, unless such alterations or modifications to those Properties, Structures, Areas, Objects and landscapes of Significance in the Area comply with the United States Secretary of the In terior’s Standards for Rehabilitation. (2) Non-Contiguous Historic Districts. All Historic Districts that contain non-contiguous Properties, Structures, Areas, or Objects of Significance must satisfy the following criteria: (a) The elements of the Historic District must be thematically related; and (b) 100 percent of the Properties, Structures, Areas or Objects of Significance in the Historic District satisfy at least one of the criteria for Landmark designation set forth in Section 51-5(A) of this Chapter. (C)Integrity of Landmarks and Districts. Any area, property, structure, site or object that meets any one or more of the criteria in Section 51-5(A) shall also have sufficient integrity of location, design, materials and workmanship to make it worthy of preservation or restoration. Sec. 51-5A.CRITERIA FOR DESIGNATION OF INTERIOR LANDMARKS. (A)Every nominated Interior Landmark must meet one or more of the following criteria for designation: (1)It exemplifies an architectural type, style or design distinguished by innovation, rarity, uniqueness, or overall quality of design, detail, materials, or craftsmanship; (2)It is identified as the work of an architect, designer, engineer, or builder whose individual work is significant in the history or development of The City of Lake Forest, the State of Illinois, the Midwest region, or the United States; (3)It exemplifies important design techniques distinguished by innovation, rarity, uniqueness or overall quality of design or detail; (4)It represents an historic, cultural, architectural, archaeological or related theme; (5)It is identified with a person or persons who significantl y contributed to the 102 Page 14 historic, cultural, architectural, archaeological or related aspect of the development of The City of Lake Forest, State of Illinois, Midwest region, of the United States; (6)It is associated with important cultural or social aspects or events in the history of The City of Lake Forest, the State of Illinois, the Midwest region, of the United States; (B)Any nominated Interior Landmark that meets any one or more of the criteria in Section 51-5A(A) shall also have sufficient integrity and distinctiveness of location, design, materials and remarkable workmanship to make it worthy of preservation or restoration. Sec. 51-6.CERTIFICATE OF APPROPRIATENESS. (A)When Required. (1)Landmarks; Districts. A Certificate of Appropriateness shall be required before the following actions may be undertaken affecting any Landmark or structure within a District: (a)Any construction of a new residential or commercial building on a vacant lot. (b) Any demolition in whole or in part, requiring a permit from The City of Lake Forest, which affects the exterior architectural appearance of a structure. (c) Any replacement structure constructed in conjunction with approval of a demolition. (d) Any addition to a structure, as defined in the Commission’s rules and regulations, which is visible, at any time of the year, in whole or in part, from any public right-of-way, publicly owned land or adjacent private property that is not held in common ownership with the subject property. (e)Any alteration, as defined in the Commission’s rules and regulations, which affects the exterior architectural appearance of a structure. (f) Any alterations affecting the interior space of a building that has been designated an Interior Landmark. (g)Any request for a variance from the Building Scale Ordinance of The City of Lake Forest. (2)Interior Landmark. 103 Page 15 A Certificate of Appropriateness also shall be required before any required permit for construction, alteration, addition, replacement, or demolition may be issued by The City that involves or affects any portion of a structure that has been designated an Interior Landmark. (B)Applications for Certificate of Appropriateness. (1)It shall be unlawful to undertake any of the work specified in Section 51-46(A) without first obtaining a Certificate of Appropriateness from the Commission. Applications for a Certificate of Appropriateness shall be made on a form prepared by the Commission, and shall be submitted to the Community Development Department. (2)Application forms shall be available from the Community Development Department. Applicants may be required to submit plans, drawings, elevations, specifications, and other information as may be necessary for the Commission to adequately review the application. Fees may be required with any application filed as approved and periodically updated by the Council. (3) The Community Development Department shall not act upon any permit for work specified in Section 51-6(A) until the Commission has reviewed the work application and issued a Certificate of Appropriateness. (C)Review by Commission. (1)Application for Commission Consideration and Action. A complete application shall include without limitation the following plans and information and shall be submitted in accordance with the schedule adopted on an annual basis by the Commission. Completed Building Scale Calculation Form. Impervious Surface Calculation. Application Form. Description of Exterior/Interior Materials Form. Statement of Intent. Legal Plat of Survey. Site Plan of Proposed Improvements. Grading Plan (if any grade change is proposed). Site Grading Cross Section (if any grade change is proposed). Tree Survey. Dimensioned drawings of all new structures or additions showing exterior materials. All Elevations –Including interior if appropriate. At least one elevation shall be in color. Floor Plans. 104 Page 16 Roof Plan. Cross Sections. Streetscape Elevation. (Required for all new houses and major additions visible from the street) Concept studies of alternative options. Landscape Plan. Photographs of the site, existing buildings and interior if appropriate. All applicable fees. Other materials as required by the Director of Community Development, including, without limitation, a roof line mock-up. In addition to the above materials, the following shall be submitted for all applications for demolition. A Written Statement addressing the demolition criteria. Historic Preservation Consultants Report and Assessment. Structural Evaluation from an independent structural engineer. Massing Model. Site Plan Overlay of existing and proposed structures and hardscape. Elevation Overlays of existing and proposed elevations. One or more of the required materials may b e waived if the Director of Community Development determines that the information is not relevant to the project or to the issues that will be considered by the Commission. Detailed information on the required materials shall be provided in the application packet available from time-to-time through the Community Development Department. Site Staked. No less than 14 days prior to the Commission meeting at which the application is scheduled to be considered, the footprint of all new buildings and all additions shall be staked and outlined on site. (2)Public Hearing. After receipt of a complete Commission application, as determined by The City, a public hearing shall be set within sixty (60) days thereafter, or at the first regularly scheduled Historic Preservation Commission meeting that has not been fully subscribed. The time to consider the application may be extended with the consent of the applicant. (a)Notice of Hearing. Not less than ten (10) days before the date of the public hearing, the Community Development Department shall post notice of the time and place of the hearing and mail notice of the hearing to the owners of each property within 1,320 feet of the subject property or within three properties deep, whichever is less. For purposes of this Section, an "owner" of a property shall be either (i) an occupant, (ii) a legal or beneficial owner, or (iii) the person to whom the most recent real estate tax bill has been sent. Failure of any owner of a property to receive notice shall not affect the validity of any action taken with respect to a petition. 105 Page 17 (b)Action by Commission. At the conclusion of the public hearing, the Commission shall vote in public whether to approve, disapprove, or grant conditional approval of the application based upon consideration of the standards set forth in Section 51-7. The Commission may continue consideration of an application if the Commission determines that additional information is required. (i)Approval by Commission. If the Commissioners vote to approve the application, the Certificate of Appropriateness shall be issued to the applicant and filed with the City Clerk within ten (10) business days following the decision of the Commission. Upon receipt of the Certificate of Appropriateness the applicant may submit an application to the Community Development Department to obtain necessary permits, if any, which permits may not be issued until the time for appeal as set forth in Section 51-6(D) and 51-6(E) has expired. The Certificate of Appropriateness shall be valid for a period of one (1) year from the date of issuance by the Commission. Certificates of Appropriateness shall not be transferable from the applicant to another subsequent owner of the same property without the consent of the Commission. (ii)Disapproval by Commission. If the Commissioners vote to disapprove the application, the applicant shall be notified within ten (10) business days following the decision of the Commission. The Commission shall make reasonable efforts to confer with the applicant, offer technical guidance, and attempt to resolve differences. The applicant may resubmit an amended application for consideration by the Commission. At the discretion of the Commission, additional application fees may be waived. (iii)Timing. Delays in the issuance of a Certificate of Appropriateness or of a notification of denial shall not affect the decision of the Commission with respect to any application for a Certificate of Appropriateness. (D)Appeal of Approvals. Any aggrieved person may appeal to the Council any decision of the Commission granting a Certificate of Appropriateness. The appeal must be filed within fourteen (14)calendar days after the date that the Commission's decision is filed with the City Clerk in the Office of the City Manager. (E)Appeal of Denials. Following a final decision of the Commission denying a Certificate of Appropriateness,(or approving such certificate upon conditions unacceptable to the applicant), an applicant may, within fourteen (14) calendar days of the denial, file an appeal of such denial with the City Clerk on a form prepared by the Commission and 106 Page 18 available at the Community Development Department. A copy of anything filed with the City Clerk under this Section shall also be filed with the Community Development Department. (F)Effect of Issuance. A ny grant of a Certificate of Appropriateness shall require the owner or applicant to make any change to the property in accordance with the terms of the certificate of appropriateness, only as directed by the terms of the Certificate of Appropriateness, and to refrain from taking any action inconsistent with the Certificate of Appropriateness. Sec. 51-7.STANDARDS FOR REVIEW OF APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS. (A)Standards for review of replacement structures, new construction, additions and alterations. In considering an application for a Certificate of Appropriateness for replacement structures,new construction, additions and alterations,the Commission shall consider only the following general standards, specific design guidelines, if any, accompan yi ng the ordinance designating the Landmark, Interior Landmark,or District, and the standards included in this section, as relevant and applicable. (1)Height. Height shall be visually compatible with properties, structures, sites, public ways, objects, and places to which it is visibly related. (2)Proportion of front facade. The relationship of the width to the height of the front elevation shall be visually compatible with properties, structures, sites, public ways, objects, and places to which it is visually related. (3)Proportion of openings. The relationship of the width to height of windows and doors shall be visually compatible with properties, structures, sites, public ways, objects, and places to which the building is visually related. (4)Rhythm of solids to voids in front facades. T he relationship of solids to voids in the front facade of a structure shall be visually compatible with properties, structures, sites, public ways, objects, and places to which it is visually related. (5)Rhythm of spacing and structures on streets. The relationship of a structure or object to the open space between it and adjoining structures or objects shall be visually compatible with the properties, structures, sites, public ways, objects, and places to which it is visually related. (6)Rhythm of entrance porches, storefront recesses and other projections. The relationship of entrances and other projections to sidewalks shall be visually compatible with the properties, structures, sites, public ways, objects, and places to which it is visually related. (7)Relationship of materials and texture. The relationship of the materials and texture of the facade shall be visually compatible with the predominant materials used in 107 Page 19 the structures to which it is visually related. (8)Roof shapes. The roof shape of a structure shall be visually compatible with the structures to which it is visually related. (9)Walls of continuity. Facades and propert y and site structures, such as masonry walls, fences, and landscape masses, shall, when it is a characteristic of the area, form cohesive walls of enclosure along a street, to ensure visual compatibility with the properties, structures, sites, public ways, objects, and places to which such elements are visually related. (10)Scale of a structure. The size and mass of structures in relation to open spaces, windows, door openings, porches, adjacent structures, and balconies shall be visually compatible with the properties, structures, sites, public ways, objects, and places to which they are visually related. (11)Directional expression of front elevation. A structure shall be visually compatible with the properties, structures, sites, public ways, objects, and places to which it is visually related in its directional character, whether this be vertical character, horizontal character, or nondirectional character. (12)Preserving distinguishing features. The distinguishing original qualities or character of a property, structure, site or object and its environment shall not be destroyed or adversely affected in a material way. The alteration of any historic material or distinctive architectural features should be avoided when possible. (13)Protection of resources. Every reasonable effort shall be made to protect and preserve archaeological and natural resources affected by, or adjacent to any project. (14)New construction. In considering new construction, the Commission shall not impose a requirement for the use of a single architectural style or period, though it may impose a requirement for consistency with the chosen style. (15)Repair to deteriorated features. Deteriorated architectural features shall be repaired rather than replaced, wherever possible, in accordance with the Secretary of the Interior Standards for the Treatment of Historic Properties. In the event replacement is necessary, the new material need not be identical to but should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. (16)Surface cleaning. The surface cleaning of historic material and distinctive architectural features shall be undertaken with the gentlest means possible. 108 Page 20 Sandblasting and other cleaning methods that will damage the historically, visually, aesthetically, culturally or archaeologically significant materials shall not be undertaken. (17)Reversibility of Additions and Alterations. Wherever possible, additions or alterations to historic properties shall be done in such manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the historic property would not be impaired. (B)Standards for review of demolitions. In considering an application for a Certificate of Appropriateness for demolition, the Commission shall consider only the following general standards, the Secretary of Interior's Standards for Rehabilitation of Historic Properties, as amended,and the standards included in Section 51-7(A). (1)Whether the propert y, structure or object is of such historic, cultural, architectural or archaeological significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people of The City and the state. (2)Whether the propert y, structure or object contributes to the distinctive historic, cultural, architectural or archeological character of the District as a whole and should be preserved for the benefit of the people of TheCity and the state. (3)Whether demolition of the property, structure or object would be contrary to the purpose and intent of this Chapter and to the objectives of the historic preservation for the applicable District. (4)Whether the property, structure or object is of such old, unusual or uncommon design, texture, and/or material that it could not be reproduced without great difficulty and/or expense. (5)Except in cases where the owner has no plans for a period of up to five years to replace an existing Landmark or propert y, structure or object in a District, no Certificate of Appropriateness shall be issued until plans for a replacement structure or object have been reviewed and approved by the Commission. (C)Building Scale. The maximum allowable square footage, in accordance with Section 9-87 of The City of Lake Forest Code,may be limited if the Lake Forest Historic Preservation Commission finds that the proposed residence or addition(s) violate the Lake Forest Historic Preservation Ordinance. In addition, for any addition, alteration, or construction that satisfies the standards of this Section but does not conform with the building scale limitations in the City C ode, the Commission may recommend that the Council grant relief from the building scale limitations of the City Code, but only in accordance withbased on the standards for variances from the building scale regulations as set forth in the City Code from time-to-time.Should such relief be required, any C ertificate of Appropriateness shall be subject to the granting of such relief by the Council. 109 Page 21 Sec. 51-8.EXCEPTIONS TO ISSUANCE OF CERTIFICATE OF APPROPRIATENESS. (A)The limitations upon the issuance of demolition permits or building permits in any District or affecting any Landmark or Interior Landmark, shall not apply when alteration, construction, demolition, or relocation involved in the permit has been ordered by the Director of Community Development for the preservation of the public health or safety or involves a temporary use by The City. (B)If the Director of Community Development has ordered alteration, construction, demolition, or relocation of a Landmark or a property, structure or object located within a District, the Commission shall be notified of the proposed alteration, construction, demolition, or relocation. If the Commission disagrees with the plan, the Commission shall have the right to delay the proposal sixty (60) days by submitting a delay request. During the delay period, the Commission may develop alternative plans for consideration. If after sixty (60) days no such alternative plans can be developed, the proposed alteration, construction, demolition, or relocation may proceed as ordered. Sec. 51-9.CERTIFICATE OF ECONOMIC HARDSHIP. (A)Application. Any applicant, whose application for a Certification of Appropriateness has been denied by the Commission (and by the Council, after an appeal)may, within sixty (60) days , after the Council’s denial on appeal make application for a Certificate of Economic Hardship on a form prepared by the Commission and submitted to the Commission. Application forms shall be available from the Commission. (B)Standard to be applied. T he Commission shall only approve an application for a Certificate of Economic Hardship upon a determination that the denial of the Certificate of Appropriateness has resulted in the denial of all reasonable use of and return from the propert y. (C) Consideration of evidence. In applying this standard, the Commission shall consider among other things any evidence presented concerning the following: (1)Any opinions from a licensed structural engineer or licensed architect with experience in renovation, restoration or rehabilitation as to the structural soundness of any structures or objects on the property and their suitability for continued use, renovation, restoration or rehabilitation. (2)Any estimates prepared by a licensed architect or licensed structural engineer, of the cost of the proposed alteration, construction, demolition or relocation and an estimate of any additional cost that would be incurred to comply with the recommendations of the Commission for changes necessary for it to be approved. (3)Any estimates prepared by a real estate broker or agent licensed by the State of Illinois or an appraiser certified by the State of Illinois of the market value of the 110 Page 22 property in its current condition; after completion of the proposed alteration, construction, demolition, or relocation; after any expenditures necessary to comply with the recommendations of the Commission for changes necessary for it to approve a Certificate of Appropriateness; and in the case of a proposed demolition, after renovation of the existing property for continued use. (4)In t he case of a proposed demolition, any e stimates, prepared by l icensed architects, real estate consultants and appraisers or other licensed real estate professionals and experienced in rehabilitation, as to the economic feasibility of restoration, renovation or rehabilitation of any existing structures or objects. (5)Any and all applicable zoning provisions and incentives. (D)Information to be supplied by applicant. At the discretion of the Commission, the applicant shall submit by affidavit some or all of the following information: (1) The assessed value of the property, structure, site or object for the two (2) most recent assessments. (2)Real property taxes for the previous two (2) years. (3)The amount paid for the property, structure, site or object by the owner, the date of purchase and the party from whom purchased, including a description of the relationship, if an y, between the owner and the person from whom the property w as purchased. (4) The current balance of any mortgages or any other financing secured by the property, structure, site or object, and the annual debt service, if any, for the previous two (2) ye ars. (5)All appraisals obtained within the previous two (2) years by the owner or applicant in connection with purchase, offerings for sale, financing or ownership of the propert y, structure, site or object. (6)All listings of the property, structure, site or object for sale or rent, price asked and offers received, if any, within the previous four (4) years. (7)All studies commissioned by t he owner as to profitable renovation, rehabilitation or utilization of any structures or objects on the property for alternative use. (8)For income producing propert y or structures, itemized income and expense statements from the property or structures for the previous two (2) years. (9)Estimates, prepared by licensed general contractors or licensed architects, of the cost of the proposed alteration, construction, demolition or relocation and an estimate of any additional cost that would be incurred to comply with the 111 Page 23 recommendations of the Commission for changes necessary for it to approve a Certificate of Appropriateness. (10)Form of beneficial ownership or operation of the property, structure, site or object whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture or other. All partners and shareholders shall be identified. (11)Where applicable, the information, evidence or documentation requested by the Commission or provided by the applicant shall bear the imprint of the professional stamp, seal or license number of the individual preparing such information, evidence or documentation. (12)Any other information, documentation or evidence as the Commission determines to be necessary to its consideration of the Application for Certificate of Economic Hardship. (E)Failure by applicant to submit requested information. In the event that any of the information required to be submitted by the applicant is not reasonably available, the applicant shall file with the affidavit a statement of the information that cannot be obtained and shall describe the reasons why such information is unavailable. (F)Public hearing. The Commission shall hold a public hearing on the application for Certificate of Economic Hardship within sixty (60) days following receipt of the completed application form and all complete information required to be submitted therewith, as determined by The City. (1)Notice of the time and place of the public hearing shall also state the general nature of the question involved, and shall be given not more than thirty (30) days nor less than fifteen (15) days prior to the date of such hearing by the following methods: (a)By mailing of notification to the applicant and the owner of record of the affected Landmark, Interior Landmark,or property, structure, site or object in a District; and (b)By m ailing of notification to the owners of record of all property within two hundred fifty (250) feet of the property lines of the affected Landmark, Interior Landmark,or property, structure, site or object in a District; and (c)By publication in a newspaper of city-wide circulation. It shall be the responsibility of the applicant to provide to the Commission, by affidavit, the names and addresses of all owners of record pursuant to Section 51-6(F)(1)(b) of this Chapter. (2)The hearing shall be conducted in accordance with the Rules of the Commission. 112 Page 24 (3)No member of the Commission absent from the entire hearing shall be eligible to vote on any matter, unless the meeting has been fully transcribed or recorded and the absent member certifies that he or she has reviewed such transcript or recording. (4) The Commission may continue a proceeding for such additional time as it reasonabl y takes an applicant, any other interested person or the Commission to comply with a request for additional information, documentation or evidence. (G)Determination by the Commission. The determination by the Commission of whether the denial of the Certificate of Appropriateness has or has not resulted in the denial of all reasonable use of and return from the property shall be made within sixty (60) days following close of the public hearing and submission of all information, documentation or evidence requested by the Commission. The determination shall be accompanied by findings of fact and a report stating the reasons for the decision. (H)Disapproval by Commission. If the determination of the Commission is to disapprove the application for a Certificate of Economic Hardship, the applicant shall be notified within ten (10) business days. The notice shall include a copy of the findings of fact. Any aggrieved person may appeal a decision of the Commission to the Council. The appeal must be filed with the City Clerk within 14 days calendar days after the date notice is sent to the applicant of the Commission's decision. (I)Determination of economic hardship. (1)If the determination of the Commission is that the denial of the Certificate of Appropriateness has resulted in the denial of all reasonable use of and return from the property, the Commission shall issue a Certificate of Economic Hardship no later than ninety (90) days following the date of the determination of economic hardship unless during that time the Council approves an Incentive Plan pursuant to Sections 51-9(J) and 51-9(K). (2)A copy of the determination of the Commission together with the findings of fact shall be mailed to the applicant and transmitted to the Council or its duly authorized committee within ten (10) business days following the determination of economic hardship. (J)Incentive Plan. The purpose of an Incentive Plan is to provide a mechanism to allow a reasonable use of and return from the property without the complete or partial demolition of a Landmark, Interior Landmark,or property, structure, site or object in a District. This Incentive Plan may include, but is not limited to, property tax relief, loans or grants from The City or other public or private sources, acquisition by purchase or eminent domain, building and safety code modifications to reduce the cost of maintenance, restoration, rehabilitation or renovation, changes in applicable zoning regulations including a transfer of development rights, or relaxation of the provisions of this Chapter sufficient to allow 113 Page 25 reasonable use of and return from the property. (K)Council consideration of Incentive Plan. (1)Consideration of an Incentive Plan may b e begun by t he C ommission following the denial of a Certificate of Appropriateness, and can be considered simultaneously with any other proceedings that may be occurring under this ordinance. (2) The Commission shall forward a report recommending an Incentive Plan to the Council or its duly authorized committee. U pon receipt of the report the Council or its duly authorized committee shall give prompt consideration to the Incentive Plan. (3) The Council shall approve or disapprove the Incentive Plan allowing the reasonable use of and return from the property within ninety (90) days following determination by the Commission. Any determination regarding an Incentive Plan shall be by resolution of the Council. (4)If the Council does not approve an Incentive Plan within the time specified, the report and recommendation of the Commission regarding the Incentive Plan shall be deemed to be denied by the Council. (5)A copy of the resolution enacted by the Council together with the Incentive Plan, if any, shall be mailed to the applicant and transmitted to the Commission within five (5) business days following the enactment of the ordinance. (L)Issuance of Certificate of Economic Hardship. (1)If the Commission approves a Certificate of Economic Hardship, the Commission shall issue a Certificate of Economic Hardship to the applicant within ten (10) business days after (a)receipt by the Commission of a copy of a resolution of the Council disapproving an Incentive Plan, or (b)failure of the Council to act to either approve or disapprove an Incentive Plan pursuant to Sections 51-9(K)(3). . The Certificate of Economic Hardship for demolition may be subject to conditions for subsequent construction including compliance with the standards included in Section 51-7. The Certificate of Economic Hardship shall be valid for a period of one (1) year from issuance by t he Commission. C ertificates of Economic Hardship shall not be transferable from the applicant to another subsequent owner of the same propert y. (2)A Certificate of Appropriateness shall be issued to the applicant simultaneously with the delivery of the Certificate of Economic Hardship. (3)Notwithstanding approval of a Certificate of Economic Hardship, no permit for demolition of a Landmark or a property, structure or object in a District shall be issued,except simultaneously with the issuance of a building permit for the 114 Page 26 replacement property, structure or object. Sec. 51-10.APPEALS (A)Action by C ouncil. W ithin 35 days following the receipt of any appeal under this Chapter, or at the first regularl y scheduled Council meeting that has not been fully subscribed or such further time to which the applicant may agree, the Council shall consider such appeal and shall hear a report from the Chairman of the Historic Preservation Commission or the Chairman’s designee. The Council shall either uphold the decision of the Commission, overturn the decision with or without modifications or conditions, or remand the application to the Commission for further review. In considering appeals, the Council shall apply t he same standards as those applied by the Commission, but it is recognized that the Council shall apply such standards in the context of its broader responsibility in promoting, and broader perspective of, the public health, safety, welfare and in the context of its fiduciary responsibility. The failure of the Council to consider the appeal within the time period prescribed or such further time period to which the applicant may agree shall be deemed to be an affirmation of the determination of the Commission. (B)Appeal Procedures. The Council may establish procedures from time-to-time for the conduct of any appeal. Such procedures may be modified in the discretion of the Council in order to foster the gathering of information necessary to ensure that the purposes of this Chapter are achieved and to provide full and fair hearing and consideration of the issues on appeal. (C)Remand to Commission. In t he case of a vote by t he C ouncil for remand of an application, the Chairman of the Commission shall be so notified and shall schedule the matter for a new public hearing at the next regularly scheduled Commission meeting for which adequate time is available to provide the required public notice under Section 51-6(C)2a, or such later time to which the applicant may agree. In all other respects, the hearing on remand shall be conducted in the same manner as any o ther hearing under Section 51-6(C). If the hearing on remand is not commenced within 60 days after the Council's decision to remand, however, the application shall be deemed approved. (D)Reversal of Decision. In the case of a vote by the Council to overturn, in whole or in part, the decision of the Commission, written findings shall be prepared in support of the Council’s decision and a copy of said findings shall be provided to the Chairman of the Commission. 115 Page 27 Sec. 51-11.AMENDMENT AND RESCISSION OF DESIGNATION. (A)Designation may be amended or rescinded only after a period of two (2) years following the designation, upon the filing of a petition to the Commission and compliance with the same procedures and according to the same criteria set forth herein for designation as follows: (1)Petitions for amendment or rescission of a designation may be submitted by the same persons authorized to submit nominations pursuant to Section 51-4(A). (2)Properly submitted petitions are referred to the Commission for public hearing as provided in Section 51-4(B) and Section 51-4(C). (3)In the case of a rescission of a Landmark designation or part or all of a District designation, the Commission shall consider whether the Landmark or District no longer meets the criteria for designation, and make a recommendation to the Council as provided in Section 51-4(D). (B)The Council shall rescind or amend a designation only after all of the above procedures have been followed. The Council shall rescind a designation only by adoption of an ordinance upon a finding that the designated Landmark or District no longer meets the criteria for designation in Section 51-5 and 51-5A. Sec. 51-12.REGISTER OF LANDMARKS AND DISTRICTS. The following areas, properties, structures, sites or objects are found to meet the criteria for designation in Section 51-5 or 51-5A of this Chapter based on reports submitted to the Council in support of said designation and are hereby designated under the provisions of this Chapter: (1) The area of the 1857 plat of The City of Lake Forest, known as the Lak e Forest Historic District, listed in the National Register of Historic Places in 1976 and defined by the boundaries of such listing, is found to meet the criteria for designation in this Chapter and is hereby designated as a Historic District under the provisions of this Chapter. Listed 9/17/1998. (2) The Vine-Oakwood-Green Bay Road Historic District, listed in the National Register of Historic Places in 1980 and defined by the boundaries of such listing, is found to meet the criteria for designation in this Chapter and is hereby designated as a Historic District under the provisions of this Chapter. Listed 9/17/1998 (3)The Green Bay Road Historic District, listed in the National Register of Historic Places in 1995 and defined by the boundaries of such listing, is found to meet the criteria for designation in this Chapter and is hereby designated as a Historic District under the provisions of this Chapter. Listed 9/17/1998 (4)1230 North Green Bay Road, “Ragdale,” the home of architect Howard Van Doren Shaw, listed in the National Register of Historic Places in 1975, is found to meet the criteria for 116 Page 28 designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 9/17/1998 (5)1500 W. Kennedy Rd, Lake Forest Academy, "Reid Hall"; The J. Ogden Armour House & Gardens designed by architect Arthur Heun, listed in the National Register of Historic Places in 1982, is found to meet the criteria for designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 9/17/1998 (6)111 West Westminster, The Noble Brandon Judah, Jr. Estate, House and Gate House, built 1925-1928 and designed by architect Philip Lippincott Goodwin, listed in the National Register of Historic Places in 1990, is found to meet the criteria for designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 9/17/1998 (7)211 West Westminster, The Noble Brandon Judah, Jr. Estate, Pool and Gazebos, built 1925-1928 and designed by architect Philip Lippincott Goodwin, listed in the National Register of Historic Places in 1990, is found to meet the criteria for designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 9/17/1998 (8)255 East Illinois Road, The Deerpath Inn, built 1928 and designed by architect William C. Jones with alterations in 1938 designed by architect Stanley D. Anderson, listed in the National Register of Historic Places in 1992, is found to meet the criteria for designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 9/17/1998 (9)810 South Ridge Road, The Robert P. Lamont House, "West View Farms", built in 1924 and designed by architect Howard Van Doren Shaw, listed in the National Register of Historic Places in 1993, is found to meet the criteria for designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 9/17/1998. (10)89 East Deerpath, The Edward H. Bennett House and Studio, “Bagatelle,” built in 1915-16 and designed by architect Edward H. Bennett, listed in the National Register of Historic Places in 1995, is found to meet the criteria for designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 9/17/1998. (11)1190 Inverlieth Terrace, 550, 561, 565, 570, 575 and 579 Hathaway Circle, The Chicken House, Milk House, South Cottage, Middle Cottage, Main Barn, Carriage Barn, and North Cottage, respectfully, of the Clifford Milton Leonard Farm, “Meadowood Dairy,” built in 1923-1926 and designed by architect Ralph Varney, listed in the National Register of Historic Places in 2000, is found to meet the criteria in Section 51-8 of this Chapter and is hereby designated as a District under the provisions of this Chapter. Listed 8/10/2000. (12)595 Circle Lane, garden features of The Edith Rockefeller McCormick & Harold McCormick Estate, “Villa Turicum,” built in 1908-1918 and designed by architect Charles Adam Platt, is found to meet the criteria for designation in this Chapter and is hereby designated as a 117 Page 29 Landmark under the provisions of this Chapter. Listed 12/18/2000. (13)1525 North Lake Road, Lake Forest Cemetery Plan designed in 1857 by Landscape Architect Ossian Cole Simonds and Cemetery Entrance Gate built in 1919, is found to meet the criteria for designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed12/18/2000. (14)188 Foster Place, The garden wall of the Louis Swift Estate, is found to meet the criteria for designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 7/2002. (15)The Grove Cultural Campus, located at 40 -100 E. Old Mill Road, including Dickinson Hall and Stirling Hall built in 1929-30 and designed by architect Edwin H. Clark; Bennett Hall built in 1949 and designed by architect Stanley D. Anderson; and the Lo g Cabin, is found to meet the criteria for designation in this Chapter and is hereby designated as a District under the provisions of this Chapter. Listed 8/5/2002. (16)1203 Griffith Road, a Sears Honor Built Catalogue Home, is found to meet the criteria for designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 10/17/2002. (17)365 East Westleigh Road, The William E. Clow, Jr. House, "Twin Doors", built in 1939-40 and designed by architect Stanley D. Anderson & James Ticknor, is found to meet the criteria for designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 6/2/2003. (18)436 East Westleigh Road, The William E. Clow, Jr. House, "Twin Doors", built in 1939-40 and designed by architect Stanley D. Anderson & James Ticknor, is found to meet the criteria for designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 6/2/2003. (19)251 King Muir Road, The Henry K. Turnbull House, built in 1928 and designed by architect Howard Irwin, is found to meet the criteria for designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 8/2/2004. (20)1100 Jensen Drive, The Gordon Phelps Kelley House, built in 1938 and designed by architect Lincoln Norcott Hall, is found to meet the criteria for designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 11/18/2004. (21)955 Mellody Road, built in 1928 and designed by architects William T. Braun & Stanley D. Anderson, is found to meet the criteria for designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 3/7/2005. 118 Page 30 (22)404 N Green Bay Road, The Calvin Fentress, Jr. House, built in 1965 and designed by architect John Volk is found to meet the criteria for designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 3/17/2005. (23)870 W. Deerpath, Entrance Walls and Gates to the Albert Blake Dick, Sr. Estate “Westmoreland”, built in 1902 and designed by architect James Gamble Rogers, is found to meet the criteria for designation in this Chapter and are hereby designated as a Landmark under the provisions of this Chapter. Listed 7/5/2005. (24)104 Atteridge Road, The Carl Vogt, Jr. House; built in 1915-1916; is found to meet the criteria for designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. 10/16/2005. (25)1701 Kennedy Road, Baggott House, “Blithefield”; built in 1929 and designed by architects Oldefest & Williams, is found to meet the criteria for designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 4/20/2006. (26)525 Broadsmoore Drive, The James Ward Thorne House; built in 1911-1913 and designed by architects William A. Otis & Edwin H. Clark, is found to meet the criteria for designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 4/20/2006. (27)580 Broadsmoore Drive, The James Ward Thorne Estate Gardener's Cottage and Pump House, designed by architect William Otis & Edwin H. Clark, is found to meet the criteria for designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 11/6/2006. (28)1275 N. Waukegan Road, The Clarence W. Hubbard House; built in 1929 and designed by architect Ralph Varney; is found to meet the criteria for designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 10/15/2007. (29)1536 Estate Lane, The Albert D. Lasker Estate "Milk House"; built in 1926 and designed by architect David Adler, is found to meet the criteria for designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 4/7/08 (30)344 E. Wisconsin Avenue, The George H. Fitzgerald House, built in 1902, is found to meet the criteria for designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 8/4/2008. (31)721 North Mayflower Road, The Mrs. William E. Clow, Jr. House; built in 1954 and designed by architect Stanley D. Anderson and Associates is found to meet the criteria for designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 8/4/2008. 119 Page 31 (32)1150 E. Westleigh Road, The Cyrus McCormick, Jr. "Walden" Estate Implements Shed, built in 1907, is found to meet the criteria for designation in this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 8/4/2008. (33)1522 Estate Lane, The Albert D. Lasker Estate “Dove Cote,” built in 1926 and designed by architect David Adler, is found to meet the criteria for designation in Section 8 of this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 10/6/2008. (34)1065 Acorn Trail, The Gate Lodges and coachhouse/garage, built in 1917 and designed by architect David Adler for A. Watson Armour are found to meet the criteria for designation in Section 51-8 of this Chapter and are hereby designated as Landmarks under the provisions of this Chapter. Listed 4/7/2010. (35)1401 Middlefork Drive, Elawa Farm, a gentleman’s farm comprised of three sturctures designed by Alfred Hopkins for A. Watson Armour is found to meet the criteria for designation in Section 8 of this Chapter and is hereby designated as a Landmark under the provisions of this Chapter. Listed 6/21/2010 Sec. 51-13.PENALTIES. (A)Fines for violation. Failure to perform any act required by this Chapter or performance of any act prohibited by this Chapter shall constitute a violation. Any person violating any of the provisions of this Chapter shall be subject to a fine of up to seven hundred fifty dollars ($750.00) for each day on which a violation exists. (B)Penalty for willful violation or gross negligence. In addition to the fines authorized by Section 51-13(A), a person who willfully or through gross negligence violates the provisions of this Chapter by participating in alteration, construction, demolition or relocation affecting a property, structure, site or object nominated or designated as a Landmark, Interior Landmark,or located in a nominated or designated District without complying with the required procedures in this Chapter for review of such alteration, construction, demolition and relocation, shall not be issued building permits, Certificates of Occupancy, licenses and curb cut permits for alteration, construction, demolition or relocation affecting such property, structure, site or object for a period of five (5) years following the date of the violation except to correct structural defects affecting the foundation, roof, walls, partitions, floor supports, ceilings, and chimneys of the nominated or designated Landmark, Interior Landmark,or property, structure, site or object located in a nominated or designated District. (C)Other remedies. In addition to the provisions of Sections 51-13(A) and 51-13(B), The City may i nstitute appropriate proceedings in law and equity t o prevent or remedy any violation of the provisions of this Chapter. In t he case of willful violation or gross negligence by a ny person, The City may seek reversal and removal of the prohibited work and restoration if appropriate without regard to economic hardship. 120 Page 32 Sec. 51-14.SEVERABILITY. If any provision or the application thereof to any person or circumstances is held invalid, such invalidity s hall not affect other provisions or applications of this Chapter which can be given effect without the invalid provision or application, and to this end, the provisions are declared to be severable. 121 1 THE CITY OF LAKE FOREST ORDINANCE NO. 2012-__ AN ORDINANCE AMENDING CHAPTER 51 OF THE CITY OF LAKE FOREST CODE REGARDING HISTORIC PRESERVATION WHEREAS, The City of Lake Forest (the "City") is recognized as a community of distinctive character and is one of the oldest planned communities in the United States; and WHEREAS, the City has a long tradition of valuing and protecting its historic character and first initiated legislation to preserve its historic visual character over 50 years ago by establishing the Building Review Board; and WHEREAS, in 1998, the City of Lake Forest adopted, and has amended from time-to time, Chapter 51, “Historic Preservation" (the "Historic Preservation Code"), which established criteria and processes for establishing historic districts and designating local landmarks, as well as for rescission of historic designation and amendment of historic districts; and WHEREAS, the Historic Preservation Code is essential to supporting the objectives of the Zoning Code and the Comprehensive Plan, to preserve and enhance the appearance of the City, and to protect the property values herein; and WHEREAS, the Historic Preservation Commission has reviewed and recommended revising the Historic Preservation Code in order to conform more closely with recent judicial interpretations; and WHEREAS, the Mayor and City Council have determined that the best interests of the City and its residents will be served by amending the City's Historic Preservation Code as hereinafter set forth; 122 2 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows: SECTION ONE: Recitals. The foregoing recitals are by this reference incorporated into and made a part of this Ordinance as if fully set forth. SECTION TWO: Amendments to Chapter 51 of the City Code. Chapter 51, entitled "Historic Preservation," of the City Code of The City of Lake Forest is hereby amended in its entirety, and shall hereafter be and read as presented in Exhibit A to this Ordinance. SECTION THREE: Effective Date. This Ordinance shall be in full force and effect following its passage, approval, and publication in pamphlet form in the manner provided by law. PASSED THIS ___ DAY OF _______, 2012. AYES: NAYS: ABSENT: ABSTAIN: APPROVED THIS ___ DAY OF _______________________, 2012. Mayor ATTEST: City Clerk 123 3 EXHIBIT A 124