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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: 100124173.41 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 (00124173.41 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] {00124173.4} 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 {00124173.4} Additims are bold and double -underlined; deletions are struck through.