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Park Ridge Planning and Zoning Commission gathers to consider application, proposals

Meeting 07

The City of Park Ridge Planning and Zoning Commission met Tuesday, May 24.

The commission consists of seven members appointed for overlapping terms of five years. Its responsibilities include hearing requests for variations and interpretations to the Zoning Ordinance.

Here are the meeting minutes as provided by the commission: 

CITY OF PARK RIDGE

505 BUTLER PLACE PARK RIDGE, IL 60068

TEL: 847-318-5200

FAX: 847-318-5300

TDD: 847-318-5252

www.parkridge.us

M I N U T E S

PLANNING AND ZONING COMMISSION

CITY COUNCIL CHAMBERS

505 BUTLER PLACE

PARK RIDGE, IL 60068

TUESDAY, MAY 24, 2016 AT 7:00 PM

Chairman Baldi called the meeting to order at 7:02pm.

I. Roll Call

Present:

Joe Baldi, Chairman

Lou Arrigoni

John Bennett

Linda Coyle

John Kocisko

Absent:

Jim Argionis

Lou Giannetti

Tim Kirby

Chris Zamaites

City Council

Alderman Van Roeyen

Staff:

Jon Branham, Senior Planner

Adam Simon, City Attorney

Josie Faraci, Administrative Assistant

Brigid Madden, Administrative Assistant

II. Approval of Minutes – April 28, 2016

On a motion by Commissioner Arrigoni, seconded by Commissioner Kocisko, the Commission AGREED to approve the minutes from the April 28, 2016 meeting, as submitted.

Vote on the motion as follows:

AYES 5 Chairman Baldi, Commissioners Arrigoni, Bennet, Coyle and Kocisko

NAYS 0 None

ABSTAIN 0 None

ABSENT 4 Commissioners Argionis, Giannetti, Kirby and Zamaites

The motion passed.

III. Development Cases

Minutes for the Planning and Zoning Commission (Cont.)

2

1. Case Number TA-16-01: Text Amendment for changes to Section 4 and Section 5 of the Zoning Ordinance regarding zoning applications and procedures.

Chairman Baldi explained the public hearing process.

Mr. Branham provided an overview of the application. At the recommendation of the City’s legal counsel, amendments have been drafted to the City Zoning Ordinance to modify procedures for zoning applications and decisions, including changes to the process for denials of major variances and special uses, findings of fact, and an appeals process for site plans. These items were reviewed at previous Procedures and Regulations Committee of the Whole meetings and City Council meetings. City Council’s recommended changes were incorporated into the draft ordinance. Direction was provided from the City Council on April

4, 2016 to move forward with a public hearing.

City Attorney Adam Simon explained that the origin of the proposed changes was through the City Attorney’s office; they were not requested by staff or the City Council. While reviewing practices and procedures, inconsistencies between the Zoning Ordinance and state law were noted. The actions taken will also protect the City in the event of an appeal. Mr. Simon explained that Section 1 of the draft Ordinance addresses changes to the process by which major variances are decided, affecting the Zoning Board of Appeals (ZBA). Currently approved variances move on the City Council, while denials end at the ZBA. Mr. Simon stated that final decisions are bifurcated between two bodies, which state law does not allow. The ZBA will now recommend both approvals and denials and all final decision-making will come from the City Council.

Commissioner Bennett asked if the City’s home rule authority can override the State requirement that decisions come from one legal body. Mr. Simon explained that it is statue; however voting requirements state that a two-thirds vote of the City Council is required to overturn a negative decision of the Board.

Commissioner Coyle asked if the decision of the Commission for the property on Talcott Road was overturned because it did not come from the City Council. Mr. Simon indicated that it was not. Chairman Baldi explained that the appeal for Talcott was an administrative review, meaning that new evidence could not be introduced. Mr. Simon explained the different between appealing an administrative decision versus a legislative one. Currently all administrative bodies write findings of fact when they make final decisions. Mr. Simon explained that additional options for when findings of fact can be made and who can make them have been added to the Ordinance. Findings of fact can be made by the City Council and be comprised of meeting minutes and staff memos.

Commissioner Bennett asked if the applicant can present new evidence when the case is recommended to the City Council for final decision making. Mr. Simon explained that the applicant does have the right to public comment, but if major changes are made the City Council can refer the case back to the Commission.

Commissioner Kocisko asked if the City could provide counter studies when the Commissioners do not agree with the evidence provided by the applicant’s witnesses. Commissioner Arrigoni pointed out that most studies are approved by the City prior to the applicant’s hearing or meeting at the Planning and Zoning Commission. Mr. Simon stated that new evidence can be presented by the City Council if a case was to be appealed. Minutes for the Planning and Zoning Commission (Cont.)

3

Mr. Simon continued his explanation of the draft Ordinance. Section 3 states that denied site plans can be appealed to the City Council. He explained that changes in Section 4 will consolidate final decisions for special uses to a single decision-making body, the City Council. A two-thirds vote is not required by State statute to overturn a negative decision for a special use, but the City Council will exercise their discretion to require it. Mr. Simon explained that Section 5 addresses findings of fact and Section 6 is a technical clean up. Section 7 addresses the Zoning Amendment Action Table included in the Zoning Ordinance that describes the voting requirements for text and map amendments. The chart distinguishes the initiating party, but the voting requirements are the same regardless of who initiated the application. Mr. Simon explained that the changes will consolidate this table. Section 8 is another technical change to ensure the Ordinance conforms to the other changes being made. And lastly, Mr. Simon explained that Section 9 addresses planned unit developments, which is a special case special use, and conforming changes have been made.

Commissioner Bennett acknowledged how the changes streamline the process. His concern was that the Commission’s responsibility would be “watered down.” Mr. Simon explained that it is not the intent of the City Council to diminish the seriousness with which the Commission reviews applications. Commissioner Bennett explained concerns that the final decisions by the City Council could be political. Alderman Van Roeyen stated that the Council has enacted the supermajority requirement to diminish the perception of political influence.

On a motion by Commissioner Bennett, seconded by Commissioner Kocisko, the Commission AGREED to close the public hearing. Chairman Baldi reviewed the standards for a text amendment and the Commissioners found that the proposed changes satisfied the requirements. On a motion by Commissioner Bennett, seconded by Commissioner Kocisko, the Commissioner AGREED to recommend approval to the City Council for a Text Amendment for changes to Section 4 and Section 5 of the Zoning Ordinance regarding zoning applications and procedures.

Vote on the motion as follows:

AYES 5 Chairman Baldi, Commissioners Arrigoni, Bennet, Coyle and Kocisko

NAYS 0 None

ABSTAIN 0 None

ABSENT 4 Commissioners Argionis, Giannetti, Kirby and Zamaites

The motion passed.

IV. City Council Liaison Report

Alderman Van Roeyen explained that the City Manager has resigned; his last day being May 25th. The City’s Finance Director, Joe Gilmore, has been named Acting City Manager. Minutes for the Planning and Zoning Commission (Cont.)

4

V. Other Items for Discussion

VI. Citizens Wishing to be Heard on Non-Agenda Items

VII. Adjournment

On a motion by Commissioner Arrigoni, seconded by Commissioner Kocisko, the Commission agreed to adjourn the meeting.

Vote on the motion as follows:

AYES 5 Chairman Baldi, Commissioners Arrigoni, Bennet, Coyle and Kocisko

NAYS 0 None

ABSTAIN 0 None

ABSENT 4 Commissioners Argionis, Giannetti, Kirby and Zamaites

The motion passed.

The meeting was adjourned at 7:36PM.

These minutes are not a verbatim record of the meeting but a summary of the proceedings.

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