O-22-16VILLAGE OF DEERFIELD
ORDINANCE NO. 2022- 0-22-16
AN ORDINANCE AMENDING SECTIONS 12.09 OF "THE DEERFIELD ZONING
ORDINANCE OF 1978," AS AMENDED, REGARDING PRE APPLICATION
CONFERENCES FOR PLANNED UNIT DEVELOPMENTS, PLANNED
RESIDENTIAL DEVELOPMENTS, AND SPECIAL USE PERMITS WHERE THE
LAND WILL BE OWNED OR USED BY PUBLIC BODIES OR PUT TO PUBLIC USE
WHEREAS, the Village is a home rule municipal corporation in accordance with
Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and
WHEREAS, the Village has the authority to adopt ordinances and to promulgate
rules and regulations that pertain to its government and affairs; and
WHEREAS, while the Village currently allows applicants for planned unit
developments ("PUDs') and planned residential developments ("PRDs') to attend pre -
application conferences before the Village of Deerfield Plan Commission prior to submitting
formal PUD or PRD applications to obtain feedback on their development concepts and plans
("Pre -Application Conferences'), the Village does not require applicants to do so; and
WHEREAS, the Village does not currently have a process for Pre -Application
Conferences prior to an applicant submitting a formal application for a special use permit;
and
WHEREAS, due to the size, intensity of use, and importance to large numbers of
users of property owned or used by public bodies, there are significant planning and
community benefits to requiring public applicants seeking to develop or alter property to
attend a Pre -Application Conference prior to submitting a formal PUD, PRD, or special use
application (collectively, the "Proposed Amendments'); and
WHEREAS, a public hearing by the Plan Commission to consider the Proposed
Amendments to the Zoning Ordinance was duly advertised on Februa 17 2022 in the
Deerfield Review, and was held on March 10 , 2022; and
WHEREAS, on March 31 2022, the Plan Commission approved findings
of fact in support of the Proposed Amendments, in accordance with and pursuant to Section
13.10 of the Zoning Ordinance, and voted to recommend approval of the Proposed
Amendments by the Village Board; and
WHEREAS, the Village Board has considered the standards for amendments set
forth in Section 13.10 of the Zoning Ordinance; and
WHEREAS, the Village Board has determined that it will serve and be in the best
interest of the Village to adopt of the Proposed Amendment, as set forth in this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
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Addi#ians are � .anA. ouble-underlined; deletions are str-u^k thr-^_.n4
SECTION ONE. RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Ordinance as findings of the Village Board.
SECTION TWO. AMENDMENTS TO SECTION 12.09. Section 12.09, titled
"Planned Unit Development Procedures," of Article 12, titled "Planned Unit Developments
and Planned Residential Developments," of the Zoning Ordinance is hereby amended to read
as follows:
"12.09 Planned Unit Development Procedures
12.09-A Pre -Application Conference
Prior to filing a formal application for approval of a Planned Unit
Development, the applicant ma is encouraged to request a pre -
application conference with the Plan Commission unless the property
will be owned or used by a public body, in which case a re-
application conference before the Plan Commission is
required. A Planned Unit Development in the C-1 district shall also
follow those procedures indicated in the Municipal Code that pertain to
the Village Center District Development and Redevelopment
Commission. The purpose of a pre -application conference is to provide
advice and assistance to the applicant before presentation of the
preliminary plan, so that the applicant may determine:
Whether the project as proposed is most appropriately handled
as a Planned Unit Development;
2. Whether the proposed project appears in general to be in
compliance with the provisions of the Zoning Ordinance and
other applicable ordinances;
3. Whether any zoning amendment or variation is required in
connection with the proposed project; and
4. Whether the proposed project will be in conformity with the land
use policies and objectives of the Village, as expressed in the
Comprehensive Plan, and by appropriate ordinances and
resolutions of the Village Board.
12.09-B Application
1. Application
FAOng-the -pre ieationeenferenee, applieation Applications for
approval of a Planned Unit Development shall be filed in accordance
with the provisions of this Ordinance relating to Special Uses, except as
specifically provided in this Article. If a pre -application conference
is required under Subsection 12.09-A of this Code the
{00124173.Q
Additions are bold and double -underlined; a^ -ratio s are struck through.
application for approval may be filed only after the applicant
attends a pre -application conference fore the Plan
Commission.
SECTION THREE. AMENDMENTS TO SECTION 12.10. Section 12.10, titled
"Planned Residential Development Procedures," of Article 12, titled "Planned Unit
Developments and Planned Residential Developments," of the Zoning Ordinance is hereby
amended to read as follows:
"12.10 Planned Residential Development Procedures
12.10-A Pre -Application Conference
Prior to filing a formal application for approval of a Planned Residential
Development in that area which is bounded by Lake Cook Road, Wilmot
Road, Hackberry Road and Willow Avenue, the applicant f.+" is
encouraged to request a pre -application conference with the Plan
Commission unless the progerty ill hp, oymed or used b
public body.. in which case a pre -application confere=e befor
the Plan Commission is required. The purpose of a pre -application
conference is to provide advice and assistance to the applicant.
12.10-B. Application
Application
1'A- hepre appIieation eonference, appheation Applications for
approval of a Planned Residential Development shall be filed in
accordance with the provisions of this Ordinance relating to Special
Uses, except as specifically provided in this Article. IfIf
application conference is required under Subsection 12.1 -A of
this Code, the application for approval may be filed only after
the apnlicant attends a nre-anulication conference before the
Plan Commission.
*P,
SECTION FOUR. AMENDMENTS TO SECTION 13.11-B. Subsection 13.11-13,
titled "Application," of Section 13.11, titled "Special Uses," of Article 13, titled
"Administration and Enforcement," of the Zoning Ordinance is hereby amended to read as
follows:
"13.11-B Application
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Additions are bold and double -underlined; t r^^^h
2. Filing
a. A 12re-applirati-on conference with the Plan
Commission is reatx. I prior to filing a formal
application for approval f l u e ermi
where the property at issues is owned or useA-by a
public body.
b. Applications shall be filed with the Plan Commission and
shall be accompanied by such documents and information
deemed necessary by the Plan Commission to render a
recommendation. This information may include, but is
not limited to, a legal description of the subject property,
proof of ownership and if the land is held in trust,
disclosure of all beneficial interests.
*„
SECTION FIVE. SEVERABILITY. If any provision of this Ordinance or part
thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this
Ordinance are to remain in full force and effect, and are to be interpreted, applied, and
enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the
greatest extent permitted by applicable law.
SECTION SIX. PUBLICATION. The Village Clerk is hereby directed to
publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois.
SECTION SEVEN. EFFECTIVE DATE. This Ordinance shall be in full force and
effect from and after its passage, approval, and publication in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
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Additions are bold and double-underlineA; -1-1-ti ns re stvu ,v tl;i2o..ni
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: April 18, 2022
APPROVED: April 20, 2022
ORDINANCE NO. 0-22-16
Danie . Shapiro, Mayor
ATTEST:
Kent S. St eet, Village Clerk
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Additims are bold and double -underlined; deletions are struck through.