Loading...
R-21-PC-01VILLAGE OF DEERFIELD RESOLUTION NO. 2021- PC-01 A RESOLUTION AMENDING THE RULES OF PROCEDURE OF THE DEERFIELD PLAN COMMISSION WHEREAS, the Village of Deerfield ("Village") is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and WHEREAS, the Village's Plan Commission has previously adopted Rules of Procedure to govern the order and manner in which it conducts its meetings and public hearings; and WHEREAS, the Plan Commission desires to amend its Rules of Procedure to keep its rules consistent with State law and to continue to provide for orderly and efficient meetings and public hearings; and WHEREAS, the Plan Commission has determined that it will serve and be in the best interest of the Village and its residents to amend the Rules of Procedure in accordance with this Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE OF DEERFIELD PLAN COMMISSION, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the Plan Commission. SECTION TWO: ADOPTION OF AMENDMENT. The Plan Commission hereby amends and replaces its Rules and Procedures in their entirety with the Rules and Procedures attached to this Resolution in the form of Exhibit A, which are incorporated herein. SECTION THREE: EFFECTIVE DATE. This Resolution will be in full force and effect from and after its passage, approval, and publication in the manner provided by law. [SIGNATURE PAGE FOLLOWS] {00123212.1} AYES: Bromberg, Crist, Goldstone, Keefe, Berg NAYS: None ABSTAIN: None ABSENT: Schulman, Stolman PASSED: December 9, 2021 APPROVED: December 10, 2021 RESOLUTION NO: 2021-PC-01 Larry Bqfg, Chai ATTEST: d K nt S. Street, Village Clerk {00123212.1) EXHIBIT A {00123212.1} RULES OF PROCEDURE PLAN COMMISSION VILLAGE OF DEERFIELD Adopted 1/10/80 Amended 1/26/84, 1/13/05, 12/13/07, 12/09/21 Article I — General Provisions Section 1. These rules are supplementary to the provisions of the Municipal Code, the Zoning Ordinance, the Subdivision Ordinance of the Village of Deerfield, and any ordinances, resolutions, or rules adopted by the Village Board as they relate to the Plan Commission (the "Commission"). Section 2. Any members who have any financial interest or other conflicting interest in a matter before the Commission shall recuse themselves and shall not participate in any Hearing or a portion of a meeting at which said matter is under consideration or vote in any vote involving said matter. Section 3. Nothing herein shall be construed to give or grant the Commission the power or the authority to alter or change the Zoning Ordinance or the Subdivision Ordinance or the Zoning Map, which authority is reserved to the Board of Trustees. Section 4. The Village Attorney shall be consulted in cases where the powers of the Commission are not clearly defined. ARTICLE II — Officers and Duties Section 1. The officers shall be the Chair, appointed for a one year Term by the Mayor with the advice and consent of the Board of Trustees; and a Secretary, appointed by the Village Manager. The Secretary shall be the Planning and Zoning Officer or his designated representative and shall not be a member of the Commission and shall not vote. Section 2. In the absence of the Chair, the remaining members of the Commission shall elect an Acting Chair from the members of the Commission. Section 3. The Chair shall preside at all meetings of the Commission and shall otherwise supervise the affairs of the Commission. Section 4. The Acting Chair, in the absence of the Chair, shall perform all the duties and exercise all the powers of the Chair. Section 5. The Secretary shall record minutes of the Commission's proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact; shall keep records of its examinations and other official actions; shall summarize the testimony of those appearing before the Commission, and record their names and addresses. Minutes of the meetings shall be open to public inspection in accordance with the procedures and limitations of the Illinois Open Meetings Act and Freedeom of Information Act. ARTICLE III - Meetings Section 1. Regular meetings of the Commission will be held on the second and fourth Thursday of each month at 7:30 P.M. in the Village Hall or other advertised place, unless such day shall be a recognized holiday, for the purpose of holding public hearings and conducting other business. Any regular meeting may be cancelled by the Commission if any case or matter is not ready to proceed, or if a quorum of the Commission is not available for a regular meeting. Section 2. Special meetings of the Commission may be called by the Chair, or upon the request of any member of the Commission, provided forty-eight hour notice is given to each member of the Commission and posted in accordance with the Open Meetings Act. Section 3. An agenda will be prepared by the Secretary, with the approval of the Chair, for each regular or special meeting of the Commission and distributed to each member prior to the meeting. The Secretary or other designated person will also distribute such material as plats, surveys, petitions, copies of public notice, etc., as may pertain to the agenda. Section 4. A quorum shall consist of four members of the seven member Commission. Section 5. All decisions regarding land use shall be by recorded roll call vote. All members present, including the Chair, may vote on each issue. When a vote is taken, a matter shall be considered passed when — a quorum being present — a majority of those members present shall have voted in the affirmative. Section 6. Proxies shall not be permitted and only members actually in attendance at a meeting may vote. Members not present may have their views recorded on how they would have voted had they been present. Section 7. A member not present when evidence on a petition is taken during a public hearing shall not vote on such petition unless he has reviewed a transcript or tape recording of the public hearing when evidence was presented. 2 Section 8. In the event that the Board of Trustees sends a petition back to the Plan Commission for reconsideration, any member of the Plan Commission who took part in the original public hearing and recommendation may vote on that petition. Also, any Plan commission member who was not present at the public hearing may vote on the reconsideration of the petition if that member has reviewed all the minutes of the public hearing and workshop meeting and all of the documents submitted in support of the petition. If the tape recordings are still available, the Plan Commission members not present at the public hearing must also review the tape recordings of the public hearing and workshop meeting. Section 9. If, during the course of a meeting, it becomes apparent that the Plan Commission cannot conclude an agenda item before 10:30 P.M., those items may be continued to the next available Plan Commission meeting. Section 10. All meetings of the Commission shall comply with the Illinois Open Meetings Act. Section 11. All written recommendations to the Village Board will be approved by the Commission. Any Commission member may submit a minority opinion to the Village Board, stating opposition to the Commission's recommendations. Section 12. A member of the Commission may attend meetings of the Village Board where recommendations of the Commission are on the agenda for consideration. This responsibility shall be rotated among Commission members and the member presenting the opinion should agree with the majority. Section 13. Roberts Rules of Order shall be used as the Parliamentary authority in situations not covered by the Village ordinances, resolutions, rules adopted by the Village Board, or these Rules of Procedure, and State law. ARTICLE IV —Public Hearings Section 1. Public hearings are held by the Plan Commission for the purpose of considering: a. Applications for rezoning (amendment to the Zoning Ordinance). b. Applications for a Special or Unique Use. c. Changes in the Comprehensive Plan. d. Amendments to the Zoning Ordinance. e. Applications for approval of planned residential developments. f. Applications for a Planned Unit Development. g. Applications for Subdivisions and Resubdivisions. h. Any other purpose requested by the Village Board. Section 2. Applications shall be made to the Commission in writing. Each application shall be accompanied by the appropriate fee as designated by the Village and shall be subject to the following: a. Application All plans and materials necessary for an evaluation of a proposal must be on file with the Plan Commission's Secretary not less than 30 full days before the scheduled hearing (three sets are required). These plans and material must be accompanied by a completed application form. A complete application includes all necessary signatures, legal descriptions, any documents required to show authorization to represent the land owner, disclosure of the beneficial interests of any trust involved, the appropriate fee and any other documents as deemed necessary by the Secretary to the Plan Commission to complete the application. The petitioner's scheduled public hearing may be cancelled or continued if the petitioner fails to comply with the above. If there is another petition on file which complies with the above, it may be given the time which had been scheduled for the cancelled public hearing. The petition which lost its original public hearing time will be rescheduled for the first available Plan Commission meeting once the application is complete. b. Legal Notice The Zoning Ordinance places the responsibility on the petitioner for preparation of the legal notice which will be published in the local newspaper. If requested by the petitioner and agreed to by the Secretary of the Plan Commission, the Secretary will prepare the legal notice, which costs shall be reimbursed by the petitioner. If the petitioner wishes to prepare the legal notice, that notice must be submitted with the complete application mentioned above. Any legal notice submitted to the Secretary of the Plan Commission shall be reviewed by the Secretary and will be subject to the Secretary's approval. The Secretary will be responsible for publishing the legal notice. c. Public Hearing Materials Four hard (paper) sets of all materials and an electronic set of materials that will be presented to the Plan Commission at the public hearing must be submitted to the Plan Commission's Secretary three weeks prior to the public hearing date. "All materials" consists of the documents and information necessary to render a recommendation. 4 These include items such as a detailed written description, site plan, landscaping plan, perspectives, cross -sections, traffic studies, market studies, elevation drawings, etc. Failure to meet any of the above requirements may result in the Plan Commission continuing the public hearing to another meeting date. d. Board of Trustees Materials It is the petitioner's responsibility to submit a compete electronic copy set of the materials that were submitted at the public hearing for distribution to the Board of Trustees with the Plan Commission's recommendation. These materials must be on file with the Plan Commission's Secretary no later than two weeks prior to the Board of Trustees' meeting date. This includes all site plans, landscaping plans, traffic studies and other documents submitted in support of the petition. Section 3. Notice of Public Hearings, as required by Ordinanceor State law shall be given not less than 15 days, nor more than thirty days, prior to the time of such hearings. Notice shall be by publication in a paper of general circulation in the Village of Deerfield. Section 4. The Chair shall preside at the hearing, or in his absence, the Acting Chair. Section 5. Petitioner, or his authorized representative, must be present at the hearing. Section 6. Quorums, voting and other matters shall be governed by the provisions of Article III of these rules. Section 7. Order of Business: The order of business for public hearings and for workshop meetings shall be determined by the Chair from time to time. The current order of business for such meetings is contained in Exhibits A and B attached hereto. Section 8. Continuances: 1. Hearings may be continued for not more than thirty days. All continuances shall be to a date certain; no further notification is required. 2. One continuance must be granted to a petitioner, if requested. Further continuances will be at the Plan Commission's discretion. 3. If after the presentation of the petitioner's proposal, other interested parties wish to have the hearing continued so that they might prepare evidence or testimony of their own concerning or in response to the petitioner's proposal, the Plan Commission may grant a continuance. Section 9. Subpoenas: 1. The Plan Commission may issue subpoenas for persons to appear at a hearing or for documents to be presented for examination. 2. Applicants or objectors may request the Plan Commission to issue subpoenas, subject to limitationsof State law. The Plan Commission may make a judgment regarding the evidentiary relevancy of any person or document requested. Section 10. Code of Conduct: Hearings will be conducted according to the following Code of Conduct. This Code is calculated to result in a just and lawful determination of the issues as promptly as possible and in an orderly fashion. 1. Each person speaking shall first be sworn in as a witness, and shall identify themselves. 2. Anyone wishing to make a statement shall be recognized one time by the Chair. However, the Chair has the right not to recognize anyone more than once. All statements must be relevant to the subject matter of the public hearing or meeting. The Chair shall rule out of order any person who makes statements which are not relevant. 4. The Chair may impose a three minute time limit for any particular hearing or for any individual's statement or testimony. Groups sharing a particular view are encouraged to make their feelings known through a single spokesman, however, the spokesperson shall be limited to the same time limits as all other speakers. 5. All materials presented as evidence will be retained and filed by the Plan Commission. 6. Applicants or objectors may present witnesses for direct questioning. The Commission may limit the number of witnesses whose testimony is cumulative only. 7. Cross-examination of witnesses shall be permitted; provided that the Chair may limit redundant questions and make other limitations based on relevancy. 0 8. The Chair may require a preliminary statement of the nature of the evidence proposed to be elicited from the witness. 9. All questions or statements from the floor must be directed to the Chair. All others may be ruled out of order. Section 11. Written Statements: 1. Anyone who would like to provide testimony may submit a statement in writing which will be included in the record. Written statements may be submitted to the Plan Commission via any of the following methods: a. via email to plancomniissioncornnientk;deerfield.il.us; or b. mailed to: Deerfield Village Hall (850 Waukegan Road, Deerfield, IL 60015), Attn: Plan Commission 2. Written statements received before 11 A.M. on the Friday prior to the date of the public hearing shall be included in the agenda packet distributed to the members of the Plan Commission and made available to the public on the Village website. 3. Written statements received after the agenda packet has been distributed will be distributed to the Commission and made available to the public in the following methods: a. If the public hearing is conducted in person, written statements will be made available in hard copy for inspection by the public. b. If the public hearing is conducted electronically, the Chair or the Chair's designee will read aloud any written statements into the record, provided that the Chair or the Chair's designee shall not be obligated to read any submissions for more than three minutes or at all if the person who submitted the written has already provided the contents of the written statement as part of their oral testimony. Section 12. Petitions: Petitions will be accepted by the Plan Commission as advisory evidence. ARTICLE V — Liaison with Governmental Bodies Section 1. The Commission may ask the school districts and the Park Board to appoint a representative as liaison to the Commission. This person will receive the Commission agenda in advance of the meeting and all minutes. The liaison will be responsible for keeping his School District or Park Board aware of matters of importance to that body and will attend Commission meetings when he deems it necessary. The participation of these representatives will be welcomed. ARTICLE VI — Rgquired Prefiling Conference for Public Entities Section 1. When a public entity intends to file a petition in front of the Plan Commission, that public entity will be required to hold a prefiling conference with the Plan Commission. The purpose of the prefiling conference is to provide the applicant feedback and direction on the proposal and also to ensure and oversee appropriate necessary continuing consultation and cooperation between public entities. The Plan Commission will advise the petitioner which public entities will need to be contacted to facilitate intergovernmental cooperation. The public entity will be required to provide written certification prior to the public hearing that it has communicated with other public entities in a good faith effort with the intent to foster intergovernmental cooperation as set forth in the Comprehensive Plan of the Village of Deerfield. ARTICLE VII — Amendments to Rules of Procedure Section 1. These rules may be amended by a vote of five members of the Commission; provided, however, that every member of the commission shall be furnished with a copy of the amendment at least seven days before consideration of adoption. 8