2005-01-20 - Plan Commission - Recommendation PUBLIC HEARING PROCESS CONSIDERATION OF CHANGES
January 20, 2005
TEAM:
William R. Balling, Village Manager Robert Pfeil, Village Planner
Lester Ottenheimber, Plan Commission Chair William Raysa, Village Attorney
Ghida Neukirch, Asst. Village Manager Greg Summers, Associate Planner
PURPOSE/CURRENT PRACTICE
Village staff was asked to consider modifications to the timing in which public hearings are published
for the Plan Commission (PC). Specifically, Village staff was asked to consider if the Village should
coordinate a public hearing at the PC as the first step in their project review process. Briefly, following
is the process in which development projects, requiring PC review, are coordinated. The formal
process can be found in Chapter 17 of the Village's Municipal Code':
1) Staff meets with the petitioner's team to discuss their project and review a conceptual plan.
2) Recommendations and considerations are given concerning zoning, site plan, landscaping,
vehicular access, pedestrian links, stormwater management, emergency issues, and other
matters.
3) An overview of the meeting is provided to the Village Board. If the project is not consistent
with the Village's comprehensive plan and zoning for the area, informal feedback is requested
of the Village Board.
4) The petitioner may then be encouraged to present their proposal formally before the Village
Board at either a Pre-Application Conference or the project will be placed on the agenda with a
recommendation to refer the project to the Plan Commission.
5) Subject to the Board's determination, the project may be referred to the PC.
6) Staff works with the petitioner throughout the PC process. Typically, projects at the PC take 4
to 6 months. One or more workshops are coordinated, and then the project is presented at a
public hearing before the Plan Commission. The Village Board has referred projects directly to
a public hearing before the PC if there is minimal planning needed.
CURRENT NOTIFICATION PROCESS
Village staff encourages petitioners to meet with neighboring properties or send information to
neighboring properties during the workshop process depending on the proposed use and the type of
project. Petitioners met with adjacent property owners or neighborhood groups for several recent
projects including:
1) Prestige Leasing petition - a proposed rezoning of 313 Dundee Road from B-1 to B-4 zoning to
accommodate an auto dealer since the property was adjacent to residential zoning;
2) Buffalo Grove Bank &Trust petition adjacent to Manchester residential properties;
3) Turnberry Condominiums/Avis Investments petition adjacent to the Town Center shopping center,
Deerfield Bakery, and other businesses; and
4) The Park District's petition concerning the proposed Alcott Center parking lot expansion.
Village staff sent meeting agendas to adjacent property owners concerning workshops for the projects
listed above and also for:
1) Exxon Mobil—Rebuild of facility at 1248 McHenry Road
2) Prairie Road villas — Original petition proposed townhomes; revised plan was approved for single-
family detached units
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3) Edward'R. James Homes/Powernail — Residents of Mirielle subdivision were sent agendas for the
September 22, 2004 and October 20, 2004 workshops; e-mail notice was also sent to several
residents.
4) Jacobs Homes/Deerfield Pkwy — Agendas for the November 17, 2004 workshops were mailed to
residents who requested notification.
5) SJS Realty, medical office at Buffalo Grove Rd/Deerfield Pkwy — Several residents have asked to
be notified of Plan Commission meetings; agendas will be sent when the next workshop is scheduled.
Notification of all Plan Commission meetings is conducted using the following communication
methods:
• Village News List— more than 1200 e-mail subscribers
• Village web site— meeting agendas and minutes
• Bi-weekly Manager's Briefing posted on the web site
• Agenda posting in Village Hall
• Channel 6 (added most recently at Trustee Braiman's recommendation)
In addition, the Daily Herald and Pioneer Press often write articles about prospective projects
following Village Board review. Through these six means of communication, the public has many
opportunities to learn about a proposed project in the community. If the public is interested in
particular project, we will provide them with e-mail updates of upcoming meetings, address concerns
and questions outside of a public meeting, and relay concerns to the petitioner.
RECOMMENDATION
It is not recommended that the Village modify it's timing for publishing for public hearings. According
to Bill Raysa, as a result of Klaeren versus Village of Lisle (202 1II.2d 164 October 18, 2002), it is not
uncommon for a traditional three hour public hearing to be extended to a three day public hearing due
to the requirements that municipalities must adhere to as a result of the law for special use
applications. Since Klaeren, the Village of Buffalo Grove has continued two public hearings; prior to
the law, all public hearings had been completed at one meeting. The reason for the delay in the
process is the requirement that a public hearing on a special use must be conducted in a manner
which meets the due process rights of the applicant and other interested persons, including but not
limited to the right of cross examination and the right to present witnesses.
Raysa acknowledges the difference between a public meeting versus public hearing. At a public
meeting, the public is able to attend the meeting, but case law does not provide the public the right to
speak. Contrary, at a public hearing, individuals have the right to address the Commission, cross
examine the petitioner(s), and present witnesses. Practically, it has been challenging for the
Commission Chairs to deny the public a right to speak at a workshop, especially if the Village or the
petitioner has extended a written invitation for them to attend the meeting.
In addition, there is a tremendous benefit by coordinating workshops prior to a public hearing. In most
if not all cases, projects presented to the Village Board at a pre-application conference or referral to
the Plan Commission undergo significant modifications during the workshop phase before they are
presented back to the Village Board for final consideration. These workshops allow the staff and
Commission to address density, site planning, landscaping, parking, traffic, stormwater management,
police/fire matters, and other issues. If a public hearing or a more formalized public meeting was held
as the first step in the Plan Commission process, the process would likely be extended due to resident
testimony and the inability to effectively address the issues detailed above with the Plan Commission.
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COMMUNITY RESEARCH
The Village of Mundelein coordinates a public hearing as the first step in the Plan Commission
process. The difference between Buffalo Grove and Mundelein in this matter is that there are several
months between the Village Board referral and the Plan Commission hearing in Mundelein. In the
interim, the Mundelein staff works with the petitioners to review planning, public works, engineering,
emergency planning, and other issues. By the time the project gets to the Plan Commission, the Plan
Commission has minimal further review . In Buffalo Grove, following Village Board referral to the
PC, the petitioner is placed on the next available PC agenda.
The Village of Long Grove also does not coordinate any workshops. According to Village Manager
David Lothspeich, a project is referred to the Plan Commission by the Board. The project is reviewed
by staff, variations are identified, and a public hearing is published and coordinated. Lothspeich does
not believe the change in their process has lengthened their review. However, he also indicated that
they have not had too many controversial projects that have resulted in lengthy public hearings and
resident protest. The Village of Long Grove provides detailed procedures concerning the public
hearing on their web site and on the Commission agenda; they modeled this information from the City
of Lake Forest"'.
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VILLAGE OF BUFFALO GROVE MUNICIPAL CODE — PUBLIC HEARINGS
17.64.020 Official paper notification.
At least fifteen days, but not more than thirty days, before the hearing, notice of the time and place of
such hearing shall be published in an official paper of general circulation in the Village.
17.64.030 Procedure.
A. At the time of filing an application for a change, amendment, special use or variation, the applicant
shall furnish to the Plan Commission or Zoning Board of Appeals, as the case may be, a list, certified
by the applicant, containing the names and last known addresses of all property owners within two
hundred fifty feet in each direction of the location for which the change, amendment, special use or
variation is requested; provided the number of feet occupied by all public roads, streets, alleys and
other public ways shall be excluded in computing the two hundred fifty foot requirement. If, after a
bona fide effort to determine such address by the applicant for amendment, the owner of the property
on which the notice is served cannot be found at his/her last known address, or the mailed notice is
returned because the owner cannot be found at the last known address, the notice requirements of
this section shall be deemed satisfied.
B. The Village shall, not more than thirty days nor less than fifteen days before the hearing at which
the application for change, amendment, special use or variation is to be considered, send written
notice by first class mail to the persons appearing on the list furnished by the applicant, which notice
shall contain:
1. The time and place of the hearing, and
2. The address of the location for which the change or amendment is requested, and
3. The name and address of the applicant for change or amendment, and
4. A brief statement of the nature of the change or amendment requested.
C. The Village shall place a sign on the property for which a change, amendment, special use or
variation is sought notifying the general public of the public hearing not less than fifteen nor more than
thirty days prior to the date of the hearing.
Information based on discussion with Victor Barrera, Village Planner.
"' CITY OF LAKE FOREST MEETING PROCEDURES
Plan Commission meetings follow the procedures outlined below. In the spirit of fairness to all parties,
any of these procedures may be modified for a particular item at the discretion of the Chairman.
1. Introduction of the Item by the Chairman
2. Declaration of Conflicts of Interest and Ex Parte Contacts
3. Presentation by the Petitioner- not to exceed 20 minutes.
4. Identification of Issues by Staff- not to exceed 5 minutes.
5. Questions and requests for clarification from Commission to Petitioner or Staff.
6. Public Testimony - not to exceed 5 minutes per speaker.
7. Staff Response to Public Testimony - not to exceed 5 minutes.
8. Petitioner Rebuttal - not to exceed 10 minutes.
9. Final Questions from Commission to Petitioner or Staff.
10. Commission Discussion and Comment
11. Commission Action
Mandatory Adjournment time - 11:00 p.m.
General Information and Guidelines for those wish to speak during The City of Lake Forest
Board/Commission/Committee/Council meetings.
Presentations will be made in the order listed on the agenda.
Following each individual presentation, members of the Board/ Committee/Commission/Council will
ask questions.
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Staff comments and questions will come next.
Following this, the public will have a chance to make comments and ask questions on the topic being
discussed.
The chairperson/mayor will recognize a member of the audience, who will then rise and go to the
microphone, where they will provide their name and address.
Each person will be allowed a maximum of four (4) minutes to speak, and should keep
statements/questions as brief and to the point as possible. Public comments should not be redundant. /
Members of the public will not be allowed to speak a second time until all members of the audience
who wish to speak have been allowed to do so. The chairperson/mayor will determine whether
second public comments will be permitted, and if so, the appropriate amount of time for public
discussion, and will close off public comment at his/her discretion.
Following public comment, the Board/Committee/Commission/Council will once more have the
chance to question and comment on the topic before final decision.
It should be noted that the chairperson/mayor has the right to change these procedures in certain
instances as she/he sees fit.
The City of Lake Forest encourages public attendance and participation at all meetings. It is hoped
that by utilizing these guidelines, participation will be maximized, both in terms of fairness and
organization. If you have any questions concerning these guidelines, please contact the Deputy City
Clerk at City Hall (847) 615-4269.
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