Muyni
← Back to Palatine

Planning Commission

Regular Meeting

Palatine, IL · June 7, 2022

AgendaMinutes

Minutes

VILLAGE OF PALATINE VILLAGE HALL - COUNCIL CHAMBERS 200 E. WOOD STREET PALATINE, IL 60067-5339 – (847) 359-9050 http://www.palatine.il.us PLAN COMMISSION MINUTES ● JUNE 7, 2022 Village Hall - Council Chambers Regular Meeting 7:00 PM I. CALL TO ORDER Attendee Name Title Status Arrived Dennis Dwyer Chairman Present Patrick Noonan Plan Commissioner Absent Teri Williams Plan Commissioner Present Eric Friedman Plan Commissioner Present Rodney Bettenhausen Plan Commissioner Present Robert Kolososki Plan Commissioner Absent Stephen Fedota Plan Commissioner Present II. APPROVAL OF MINUTES 1. Plan Commission - Regular Meeting - Apr 19, 2022 7:00 PM RESULT: ACCEPTED AS AMENDED [UNANIMOUS] MOVER: Rodney Bettenhausen, Plan Commissioner SECONDER: Stephen Fedota, Plan Commissioner AYES: Dwyer, Williams, Friedman, Bettenhausen, Fedota ABSENT: Noonan, Kolososki VILLAGE OF PALATINE Page 1 Minutes Plan Commission June 7, 2022 III. PUBLIC HEARING 1. Text Amendments to Article 14 - 14.03 Variations, 14.05 Special Uses, and 14.11 Notification of the Village of Palatine Zoning and Subdivision Ordinance Chairman Dwyer read the notice of public hearing that was published in the Daily Herald on May 23rd, 2022. The following petitioner’s exhibits were introduced: 1. Text Amendment 2. Public Notice Sworn in Staff: Mr. Vyverberg Mr. Vyverberg presents a power point presentation and explains this meeting is to review Text Amendments to Article 14 - 14.03 Variations, 14.05 Special Uses, and 14.11 Notifications to ensure consistency in application and evaluate the process to determine if amendments are recommended. He provides background information and explains the process pre 2004. Mr. Vyverberg provides examples of signs that were previously provided for posting at property locations and explains that standard zoning requirements for most zoning processes is written notification. Written notification requires mailing to the taxpayers of record, within 250 feet of the Subject Property (not inclusive of right- of-way). Notice to taxpayers of record is a State statute requirement. In 2004, the Village amended the Zoning Ordinance to also include written notification to occupants, which remains the current Code Requirement. Current Village Administration has taken steps to improve the various types of notification through enhanced signage and website content/availability related to zoning proposals. Post 2004, Staff introduced framework and structure to allow for an expanded scope of administrative review process. Those processes have been in place for 5 years and staff is proposing to further refine the process. Mr. Vyverberg further explains the notification process and states that there are several types of required notification which includes public hearing signs, posting public notice to the legal section of the Daily Herald and written notification. He states that the Village has also enhanced their website to include Public Notice information with a Link on the Home Page. Residents are provided various ways to access information via the Village website or can watch the proceedings live on Channel 6. These elements have been available since 2015 to any resident wishing to review the materials regardless of their proximity to the zoning address. VILLAGE OF PALATINE Page 2 Minutes Plan Commission June 7, 2022 He explains that the current process to include notice to all occupants both exceeds the State requirement and has become a significant resource drain and results in redundancy. He states that including occupants as part of the mailing is not furthering the notice requirements and staff is recommending the elimination of notices to occupants. Staff is also proposing that the Subdivision Ordinance notification requirements align with the sign posting and taxpayer of record notification requirements for consistency. Mr. Freidman questions the 250’ boundary overlapping into multifamily properties with a higher density of occupants. He asks if there would be 1 mailing notification to the property owner for rental properties but Condo Owners in the same type of multi dwelling location would each receive notification. Mr. Vyverberg states that is correct and does not believe this would be favoring condo owner’s vs apartment renters. The Public Notice Sign posted at property locations and the other various ways to access the information are an effective way to provide notification. Mr. Dwyer questions the taxpayer of record vs. owner and states that the taxpayer of record may not be the same as the owner in some instance and could be the mortgage servicer. Mr. Freidman states that the tax records don’t record the mortgage companies as the tax payer. He believes it is recorded as the owner. Mr. Fedota further discusses the public notice signs vs. the post card notifications and notes that fees and staff time are a drain to resources. Mr. Dwyer conquers that the website is good but notes that it requires residents to check the website. He also states that another solution for notifications could be to reduce the 250’ surrounding area to 150’ and states that post cards should still be a viable way to notify. Mr. Freidman & Mr. Dwyer discuss the notification guidelines. Mr. Vyverberg clarifies that the Tax Payer of record is the Person receiving the tax bill. Mr. Dwyer would like to clarify if the taxpayer is for income tax or property tax and should the ordinance be changed to specifically state Tax Payer of Record? Mr. Vyverberg states that it was discussed with the Village Attorney and it was his opinion that it is the person that receives the tax bill but will check with the Village attorney as to how it should be defined in the village ordinance. VILLAGE OF PALATINE Page 3 Minutes Plan Commission June 7, 2022 Mr. Vyverberg reviews the zoning process and states that in 2017 Staff processed a series of amendments to evaluate the potential for more administrative reviews for certain defined zoning processes, which would be initially reviewed by Staff and, under certain circumstances, could be approved administratively. The amendments attempted to address numerous potential situations and scenarios and provide appropriate latitude, with the potential for Village Council review. These amendments created circumstances where surrounding property owner approvals were provided, but still required Village Council review. In other cases, Staff would review and either approve or forward to the Village Council for review. After review, over the last 5-6 years, Staff is proposing to amend the processes, where requests could/must go to the Village Council and provide additional consistency in how items are reviewed. Mr. Vyverberg states that staff is proposing to eliminate minor special uses and Special use amendment be reviewed administratively along with the administrative use special use process. Mr. Vyverberg also notes that Mr. Bettenhausen provided clarifications that would be noted. Discussion between the commissioners regarding the 250’ notification process and who is notified. Mr. Vyverberg provides clarity and states language reflects how it is read in the State Statue. Further discussion by commissioners regarding information available on website. Discussion also ensued regarding postage costs and fees that are paid through the application fees. Mr. Vyverberg states that there are more effective avenues out there and the change is more of a staff management vs. costs. STAFF RECOMMENDATION: Staff is recommending the proposed text amendments to the notification process and review process, as outlined. Mr. Fedota made a motion to close the public hearing - 2nd by Mr. Freidman DELIBERATIONS: Council members further discuss the Tax Payer of Record Clarification and Notification process - specifically whether the 250’ surrounding property notification and be reduced to 150’. Mr. Vyverberg states that the State Statue does not have a requirement. Procedures for variations also discussed. Mr. Freidman asks if the packet materials are available on the website and questions if they would still be available at the Village Hall. Mr. Vyverberg states that the website does not accommodate the packet VILLAGE OF PALATINE Page 4 Minutes Plan Commission June 7, 2022 information as changes would have to be updated and this would require further discussion. Mr. Fedota made a motion to approve the text amendments with the following changes: maintaining the surrounding property notification for occupants with the reduction of 250 feet to 125 feet required seconded by Mr. Bettenhausen. This was unanimously approved. COMMUNICATIONS: This matter will go to Village Council on 6/20/22 RESULT: RECOMMENDED TO APPROVE [UNANIMOUS] MOVER: Stephen Fedota, Plan Commissioner SECONDER: Rodney Bettenhausen, Plan Commissioner AYES: Dwyer, Williams, Friedman, Bettenhausen, Fedota ABSENT: Noonan, Kolososki VILLAGE OF PALATINE Page 5 Minutes Plan Commission June 7, 2022 IV. COMMUNICATIONS There is a full Agenda for the 6/21/22 meeting which includes a 145,000 sq. ft. warehouse on Rand Rd and a proposed 4-Lot subdivision. V. ADJOURNMENT VILLAGE OF PALATINE Page 6

Agenda

VILLAGE OF PALATINE VILLAGE HALL - COUNCIL CHAMBERS 200 E. WOOD STREET PALATINE, IL 60067-5339 – (847) 359-9050 http://www.palatine.il.us PLAN COMMISSION AGENDA ● JUNE 7, 2022 Village Hall - Council Chambers Regular Meeting 7:00 PM I. CALL TO ORDER II. APPROVAL OF MINUTES 1. Plan Commission - Regular Meeting - Apr 19, 2022 7:00 PM III. PUBLIC HEARING 1. Text Amendments to Article 14 - 14.03 Variations, 14.05 Special Uses, and 14.11 Notification of the Village of Palatine Zoning and Subdivision Ordinance IV. COMMUNICATIONS V. ADJOURNMENT VILLAGE OF PALATINE Page 1 2.1 VILLAGE OF PALATINE VILLAGE HALL - COUNCIL CHAMBERS 200 E. WOOD STREET PALATINE, IL 60067-5339 – (847) 359-9050 http://www.palatine.il.us PLAN COMMISSION MINUTES ● APRIL 19, 2022 Village Hall - Council Chambers Regular Meeting 7:00 PM I. CALL TO ORDER Attendee Name Title Status Arrived Minutes Acceptance: Minutes of Apr 19, 2022 7:00 PM (Approval of Minutes) Dennis Dwyer Chairman Present Patrick Noonan Plan Commissioner Present Teri Williams Plan Commissioner Present Eric Friedman Plan Commissioner Present Rodney Bettenhausen Plan Commissioner Present Robert Kolososki Plan Commissioner Present Stephen Fedota Plan Commissioner Present 2. Plan Commission - Regular Meeting - Apr 5, 2022 7:00 PM - Accepted Plan Commission minutes - April 5, 2022 meeting. RESULT: ACCEPTED [UNANIMOUS] MOVER: Patrick Noonan, Plan Commissioner SECONDER: Rodney Bettenhausen, Plan Commissioner AYES: Dwyer, Noonan, Williams, Friedman, Bettenhausen, Kolososki, Fedota VILLAGE OF PALATINE Page 1 Packet Pg. 2 2.1 Minutes Plan Commission April 19, 2022 II. CASE STAFF STATEMENTS 1. Text Amendments to Appendix A -Article 15, - Village of Palatine Zoning Ordinance -Section 15.02 and Section 15.04 (a) - Recommended to Approve Chairman Dwyer read the notice of public hearing that was published in the Daily Herald on April 4th, 2022, as required. The following exhibits were introduced: 1. Exhibit - Proposed Article XV Amendments Minutes Acceptance: Minutes of Apr 19, 2022 7:00 PM (Approval of Minutes) 2. Public Notice Chairman Dwyer swears in Staff - Mr. Vyverberg & Ms. Bremanis Mr. Vyverberg presents information regarding the Adopted State of Illinois Cannabis Laws and provides background on the Act. He explains that the initial Cannabis Pilot Program Act that went into effect in 2014 was a 4-year pilot program. The Village of Palatine amended the Zoning Ordinance at that time to allow cultivation centers and dispensaries as Special Use in the manufacturing district. He explained that in 2019 the State of Illinois declared the use of cannabis as legal for persons 21 years of age or older and would be taxed the same as alcohol. The Village of Palatine amended the zoning ordinance to allow adult use dispensaries as Special Uses in the B-5 district and Manufacturing district on 12/9/2019, subject to certain spacing and operational requirement Mr. Vyverberg states that the text amendments are now based upon the past 3 years of operational history by the State of Illinois, which is regulated by the Department of Finance and Professional Regulation for dispensaries. It is also based on information from other communities in the metropolitan area that has allowed such special uses. He explains that staff is initially identified and reviewing the initial current language and text and dispensaries are permitted in the B-5 (Rand Road corridor) and Manufacturing districts. Planned Development districts, subject to B5 and manufacturing district use lists, may also be appropriate. The amendments propose that Planned Development districts, which align to the B-5 or manufacturing district. Also, the amendment would eliminate the requirement to operate, with a current medical license as the State Act and its security requirements and protocols are now nearly three years old. Mr. Freidman questions the specific language regarding the operating license requirement. Mr. Vyverberg states that there is a clearer understanding of the requirements and based on the State of Illinois language. VILLAGE OF PALATINE Page 2 Packet Pg. 3 2.1 Minutes Plan Commission April 19, 2022 STAFF RECOMMENDATION: Staff is recommending text amendments to Article 15 - Adult use cannabis which expand the eligible zoning districts for Special Use application to include Planned Development Districts, subject to the B-5 or Manufacturing District use lists and the elimination of the current license requirement for a medical dispensary. Staff is recommending the following text amendments: 1) Amending Section 15.02 to include Planned Development Districts, subject to the B-5 or Manufacturing District Use lists, as eligible zoning districts to apply for a Special Use for an adult-use cannabis dispensing establishment; and 2) To eliminate the requirement, as referenced in Section 15.04 (a), that a Minutes Acceptance: Minutes of Apr 19, 2022 7:00 PM (Approval of Minutes) dispensing establishment must currently be licensed by the Illinois Department of Financial and Professional Regulation to operate a medical cannabis dispensing organization, as further described on the attached Exhibit. Discussion: Mr. Fedota questions the Plan Development districts and asks if the districts have to be B-5 or manufacturing and located, within the Rand Rd district to be approved. He asks if there are other B-5 or manufacturing districts within the village that could also fall under this zoning. Mr. Vyverberg explains that the original intention of this zoning was to identify various spacing requirements that were put into place for dispensaries based on the distance from schools, park district properties, and residential properties. It identified which zoning districts fell under those categories and this led to the B-5 district and manufacturing district being determined. The intention of the amendment is that if your planned development is aligned to the B-5 or manufacturing district use lists, it could be eligible, but subject to all of the requirements and reviewed on case by case determination. Mr. Fedota clarifies that a new planned development would look at the original underlying use. Mr. Vyverberg states the uses proposed as part of the planned development and what zoning district would those uses align to and the intention to link it to the underlying zoning district. Mr. Dwyer ask if the comprehensive plan would be looked at. Mr. Vyverberg states that it would be relevant information. Mr. Kolososki questions the minimum distance of the dispensaries from schools, parks and residents. Mr. Vyverberg explains that a dispensary cannot be located within 500 feet of park district property of either property owned by Park District or utilized for Park District purposes. Dispensary cannot be located within 1,500 feet of school property preexisting, public or private nursery school, preschool, primary school, secondary school or daycare. He notes that learning centers and vocational centers are not classified as public or private schools. Mr. Kolososki asks if these are state guidelines. Mr. Vyverberg states that staff and the Village attorney looked at a couple of different factors. The criteria was based on the state limitations, what other communities look at and what made sense from a distance perspective. VILLAGE OF PALATINE Page 3 Packet Pg. 4 2.1 Minutes Plan Commission April 19, 2022 Mr. Noonan made a motion to close the public hearing. 2nd by Mr. Fedota DISCUSSION: Mr. Fedota states it is consistent with what was established in 2019. Mr. Noonan made the motion to approve the proposed text amendments to Article 15. Seconded by Mr. Kolososki and unanimously approved Minutes Acceptance: Minutes of Apr 19, 2022 7:00 PM (Approval of Minutes) RESULT: RECOMMENDED TO APPROVE [UNANIMOUS] MOVER: Patrick Noonan, Plan Commissioner SECONDER: Robert Kolososki, Plan Commissioner AYES: Dwyer, Noonan, Williams, Friedman, Bettenhausen, Kolososki, Fedota VILLAGE OF PALATINE Page 4 Packet Pg. 5 2.1 Minutes Plan Commission April 19, 2022 2. Planned Development Amendment to the Patrick Hyuandai Phase 2 Subdivision Planned Development to Align with the B-5 Highway Business District use lists; and Special Use for an Adult Use Cannabis Dispensing Establishment for the vacant lot east of 325 E. Lake Cook Road (PIN # 02-02-102-037-0000) - Recommended to Approve Chairman Dwyer read the notice of public hearing that was published in the Daily Herald on April 4th, 2022 and mailed to the owners of the surrounding properties. The following exhibits were introduced: Minutes Acceptance: Minutes of Apr 19, 2022 7:00 PM (Approval of Minutes) 1. Application 2. Plat of Survey 3. Site Plan 4. Floor Plan 5. Elevation 6. Business Plan 7. IDFRP 8. Patrick Hyundai Phase 2 Plan Development Amendment 9. Letters of Support/Objections 10. Public Notice 11. Letters of Support/Objections received after 4/14/22 Sworn in Petitioners: Craig Krandel - Attorney for Botavi Wellness and Mr. Zaveduk Mr. Krandel explains that Botavi Wellness has applied for a Special Use for an adult use dispensary at the vacant lot east of 325 E Lake Cook Rd on Lot 3 of the Patrick Hyundai Phase 2 Planned Development. The petitioner has a conditional license for a dispensary. He explains that 185 conditional licenses have been granted by the State of Illinois through a lottery. He states that none of the licenses have been released due to litigations that are holding up the issuance of the licenses. The state originally issued 55 medical cannabis dispensary licenses that also had recreational components. The next round of 185 conditional licenses are waiting to be released. They are hoping to have the licenses released within the next 60-90 days. He states that the site meets all of the requirements for distances from school and parks. He talks about parking and states that there is 12 required parking spots and 24 parking spots are provided in their plan. Parking should not be a significant issue as most people are there for a short time. The business would operate in accordance with all State of Illinois requirements. Mr. Zaveduk provides information on their business, Justice Cannabis Company DBA Bloc Dispensary and gives background information on the company. He states they will be opening at least 10 dispensaries in the State of Illinois. He states that they have a full cultivation facility in downstate Illinois operated by Justice Cannabis. They currently operate 11 dispensaries in PA, MO, UT and MI. VILLAGE OF PALATINE Page 5 Packet Pg. 6 2.1 Minutes Plan Commission April 19, 2022 Mr. Zaveduk states that the dispensary will bring jobs to the area and will be hiring local residents for a total of 22 jobs. He explains the typical customer experience and states that you must be 21 to purchase recreational cannabis. Customers would arrive on site and check in with security. They would be required to present their ID and this would be run through the State Database for a background check. The customer would then be taken to the sales floor and they would either pick up their pre order or place their order through the onsite Kiosk. They would then proceed to the sales desk for their purchase and explains in detail the steps to complete the sale. He explains that onsite consumption is strictly prohibited and is enforced by the onsite security guards. Mr. Zaveduk presents photos of the typical floor plan and features of the dispensary and states they work to achieve a high end experience. He then Minutes Acceptance: Minutes of Apr 19, 2022 7:00 PM (Approval of Minutes) provides information on their security measures and states that security is overseen by Justice Cannabis National Security director and security is provided by an affiliated company as per Illinois Statues. He explains the roll of the security guards and states that each facility has 30 to 50 high definition cameras which provide face recognition and license plate reading. Security guards are trained specifically on de-escalation, crowd control, first aid and advanced lifesaving and extensive firearm training. The goal is to make customers feel safe and employees feel safe. Mr. Bettenhausen asks who initially checks the ID when customers enter. Mr. Zaveduk states the guard will check to make sure the customer is 21 and the front desk person would run the ID for a background check. Mr. Fedota questions the percentage of sales between smokable and edible products. Mr. Zaveduk states that the mixture is relatively balanced. There is a broad mix of products. Mr. Fedota asks about security of cash transfer. Mr. Zaveduk explains that they have a Smart Safe System and explains that they are required by law to have a vault constructed on the premise. The Safe is bolted to floor of the vault. The safe is the property of the bank and they lease the safe from the bank. He explains that the safe has a cash feeder at the top. At the end of the day, cash is fed into the cash reader and the smart safe sorts the money into cartridges and notifies the bank how much cash is fed into the safe. This allows the business to have access to the cash in the banking system and keeps the money secure. The bank is aware how large the safe is and is notified of the capacity and will schedule a pick up as needed. He explains the protocol of the pick up by the Brinks truck and states that product deliveries are done the same way, just the reverse process. Chairman Dwyer asks if this facility would also have medical use. Mr. Zaveduk states it will only be adult recreational use. Mr. Bettenhausen asks if the deliveries and pickups would be through the back door. VILLAGE OF PALATINE Page 6 Packet Pg. 7 2.1 Minutes Plan Commission April 19, 2022 Mr. Zaveduk states that it would be back door at this location. Mr. Freidman asks if there is any other data on the peak parking demand. Mr. Zaveduk states that this is the first recreational dispensary in Illinois. He speculates that there wouldn’t be a busy time of day and states that many customers pre order. He believes that the parking spots would be sufficient for their business. Mr. Vyverberg notes that Plan Commission received additional resident comments and these can be found in the exhibit folder. He explains that the Special Use approval in 2016 addressed the infrastructure for the property. The private drive is in place for the right in and right out and he notes that the police Minutes Acceptance: Minutes of Apr 19, 2022 7:00 PM (Approval of Minutes) chief reviewed the security plan and business plan and did not have any additional conditions. Mr. Fedota asks for further clarification regarding the private drive and signage. Mr. Vyverberg states the turning movements were created when the original development was approved in 2012. He also states that there is a sign easement on Rand Rd and is at this time restricted to Patrick Hyundai signage. Mr. Dwyer talks about the resident emails received and reads a typical letter. He also notes that the approval of this petition is subject to Village Councils approval of the Text Amendments. STAFF RECOMMENDATION: When the Patrick Hyundai and Phase 2 Planned Development were approved, portions of the underlying properties maintained a B-5 zoning and also continues to have frontage and access to Rand Road. Staff believes the amendment further memorializes both the intention of the Planned Development and theB-5 District Ordinance requirements. Therefore, Staff recommends approval of the Planned Development Amendment, pursuant to the following conditions: 1. Planned Development Ordinance #O-6-16, shall be amended to align the use lists with the B-5 Highway Business District. Both the State of Illinois and the Village allow adult use dispensaries and contemplate their operation. Adult use cannabis is both legal and contemplated within the Code. Therefore, the Special Use review should not be a determination of whether adult use cannabis should be allowed, as those questions have already been answered, but rather the narrow focus of whether this is an acceptable location and has the Petitioner demonstrated compliance with the required standards. The proposed location complies with all of the other spacing, separation, and operational restrictions within the zoning ordinance. The use would abut the rear yards of commercial lots along Rand Road and across the street from unincorporated Lake County. And, the Petitioner has operating experience within VILLAGE OF PALATINE Page 7 Packet Pg. 8 2.1 Minutes Plan Commission April 19, 2022 10 other similar stores/pharmacies. The Police Department reviewed the security plans and did not have any other questions or comments. Therefore, Staff recommends approval of the Special Use, pursuant to the following conditions: 1. The Special Use shall substantially conform to the site plan submitted on 03/17/2022, floorplan dated 02/24/22, the business plan submitted on 03/17/22, and elevations submitted on 03/17/22, except as such plans may be changed to conform to Village Codes and Ordinances. 2. If required by the Village, the business plan shall be modified in a manner acceptable to the Village Attorney. Minutes Acceptance: Minutes of Apr 19, 2022 7:00 PM (Approval of Minutes) 3. The final signage plan, including interior window signs shall be submitted in a manner acceptable to the Director of Planning and Zoning. 4. The dispensary shall operate in compliance with all applicable State and Village requirements. Mr. Noonan made a motion to close the public hearing - Seconded by Mr. Fedota DISCUSSION: Mr. Kolowoski would like to note he is not for cannabis in Palatine Mr. Fedota states that the site meets the zoning requirements that were put in place for this land usage and is appropriate. Chairman Dwyer states that the petitioner meets all of the requirements of the village ordinance and the state law. Mr. Noonan makes a motion to accept - 2nd by Mr. Freidman Unanimously approved Tentatively scheduled with the Community and Economic Development Committee on Monday, May 2nd, 2022 Communication: Mr. Vyverberg states annexation and preliminary plan development for 780 W Dundee were reviewed by Village council on 4/18/22 and approved. Next meeting scheduled for 5/3/22 is cancelled. RESULT: RECOMMENDED TO APPROVE [UNANIMOUS] MOVER: Patrick Noonan, Plan Commissioner SECONDER: Eric Friedman, Plan Commissioner AYES: Dwyer, Noonan, Williams, Friedman, Bettenhausen, Kolososki, Fedota VILLAGE OF PALATINE Page 8 Packet Pg. 9 2.1 Minutes Plan Commission April 19, 2022 Minutes Acceptance: Minutes of Apr 19, 2022 7:00 PM (Approval of Minutes) VILLAGE OF PALATINE Page 9 Packet Pg. 10 3.1 VILLAGE OF PALATINE Plan Commission REVIEWED 06/07/22 07:00 PM CASE STAFF STATEMENT (ID # 7631) Text Amendments to Article 14 - 14.03 Variations, 14.05 Special Uses, and 14.11 Notification of the Village of Palatine Zoning and Subdivision Ordinance CASE NUMBER: 22-39 PETITIONER: Village of Palatine PROPOSAL: Staff regularly reviews the Zoning Ordinance to both ensure its consistency in application and evaluates the processes to determine if amendments are recommended. BACKGROUND: A standard zoning requirement for most zoning processes is written notification. For municipalities, written notification requires mailing to the taxpayers of record, within 250 feet of the Subject Property (not inclusive of right-of-way). Notice to the taxpayers of record is a State statute requirement, enabled by the Illinois Compiled Statutes. In 2004, the Village amended the Zoning Ordinance to also include written notification to occupants, which remains the current Code requirement. This amendment was in response to one specific project and, as was noted in the Village Council discussion memo, the current Village Administration has taken significant steps to improve the various types of notification through enhanced signage and website content/availability related to zoning proposals. In 2017, Staff processed a series of text amendments to provide and introduce a framework and structure to allow for an expanded scope of administrative review processes. With 5 years of operational history, since the initial amendments were approved, Staff is proposing further refinements to both the processes and the required approval body to further clarify these review steps. ANALYSIS: NOTIFICATION: For all of the zoning processes, identified within the Code, there are several types of required notification. This includes both public hearing signs and written notification, presently sent to both taxpayers of record and occupants, within 250 feet of the Subject Property. The current public hearing signs for all non-single-family residential special uses or variations, were increased to the current minimum 12 square-foot contrasting Page 1 Packet Pg. 11 3.1 Case Staff Statement (ID # 7631) Meeting of June 7, 2022 blue and white appearance signs in 2009. Additionally, there are several other substantial information avenues available and provided through the Village website, including the initial Public Notice (posted in the Daily Herald and a component of the written notice sent to the surrounding properties), the entire Public Hearing packet, and live-streamed and video access for all Public Hearings, since 2015. The information is readily available to any resident wishing to review these materials, regardless of their proximity to the zoning process address. Including notice to all occupants both exceeds the State requirements and has become a significant resource drain and, in many instances, results in redundancy. For example, in 2021, the Village sent out approximately 10,000 written notices to occupants within 250 feet of the Subject Property for zoning processed. Staff is also proposing that the Subdivision Ordinance notification requirements align with the sign posting and taxpayer of record notification requirements, for consistency. ZONING REVIEW PROCESS: In 2017, Staff processed a series of amendments to evaluate the potential for more administrative reviews for certain defined zoning processes, which would be initially reviewed by Staff and, under certain circumstances, could be approved administratively. The amendments attempted to address numerous potential situations and scenarios and provide appropriate latitude, with the potential for Village Council review. These amendments created circumstances where surrounding property owner approvals were provided, but still required Village Council review. In other cases, Staff would review and either approve or forward to the Village Council for review. After review, over the last 5-6 years, Staff is proposing to amend the processes, where requests could/must go to the Village Council and provide additional consistency in how items are reviewed. RECOMMENDATIONS: Staff is recommending the proposed text amendments to the notification process and review process, as outlined. ATTACHMENTS:  13.07 Established Planned Developments Notification  14.03 Variations  14.05 Special Uses  14.11 Notification Page 2 Packet Pg. 12 3.1 Case Staff Statement (ID # 7631) Meeting of June 7, 2022  SUB ORD Amendment Notification  Discussion - Notice and Zoning Review Processes - Village Council agenda item - 05-16-22  Public Notice Page 3 Packet Pg. 13 3.1.a 13.07. Implementation of final plan. Attachment: 13.07 Established Planned Developments Notification (Text Amendments - Zoning approval processes and notificiation) (d) Authorized changes by Village Manager. (1) Changes prior to construction. The Village Manager may authorize minor changes in locations, siting, or character of in the Final Planned Development. No changes can be authorized that may lead to the following: a. Increase the size of any building or structure; or b. Change the location of any building or structure by more than ten (10) feet in any direction; or c. Provide for changes beyond the minimum or maximum requirements set forth in the approved Planned Development ordinance. (2) Changes in established Planned Developments, with all required project improvements complete. It is recognized that successful, established Planned Developments may require minor changes to insure the continued marketability of the development. The Village Manager may authorize such changes provided that the change shall not significantly alter the character or intent of the Planned Development. a. Any proposed change shall be clearly accessory to the Planned Development. b. Any granted change shall be clearly stated in the Village file of the Planned Development. c. At the discretion of the Village Manager, Village Council review may be required for a Minor Planned Development Amendment. In such instances the Village shall send a courtesy notice to all property owners and occupants within 250 feet, of the Subject Property seven (7) days prior to the Village Council meeting advising them of the request. (Ord. #O-23-09, §1, 3/2/09; Ord. O-34-17, 4/3/17) Packet Pg. 14 3.1.b 14.03. Variations/Appeals. (a) Purpose. Except as provided in paragraph (b) of this section or where the variation is requested in conjunction with a Plat of Subdivision or Planned Development, the Zoning Board of Appeals shall hear all petitions for variations, and shall recommend variations of the provisions of this ordinance in harmony with its general purpose and intent, where the zoning board of appeals shall have made a finding of fact based upon the standards hereinafter described that there are practical difficulties or particular hardship in the way of carrying out the strict letter of the regulations of this ordinance. Where a variation is requested in conjunction with a Plat of Subdivision or Planned Development, it shall be heard by the Plan Commission. Attachment: 14.03 Variations (Text Amendments - Zoning approval processes and notificiation) Packet Pg. 15 3.1.b (b) Minor Administrative variations for non-conforming decks in rear and side yards and sheds in easements. The Village Manager, or his designee shall consider the following variations and may administratively approve, pursuant to the required application process or may remand the application to the Zoning Board of Appeals for further action. All applications for minor administrative variations shall submit a minor administrative variation provided by the Village along with all of the required plans and materials, within the following categories: 1. Applications for variations involving non-conforming decks in rear and side yards. 2. Applications for variations involving sheds located on easements, subject to the applicable Attachment: 14.03 Variations (Text Amendments - Zoning approval processes and notificiation) utility company authorization, in conjunction with the building permit submission, if such a permit is required. (Ord.No.0-83-95 1, 8-14-95)(Ord. No. 0-83-96 3, 5/29/96; Ord.No.0-188-99,1,11-8-99; Ord. O- 36-17, 4/3/17) (c) Administrative Variations – The Village Manager or his designee shall consider the following administrative variations and may either administratively approve or recommend approval to the Village Council on the Consent Agenda or remand to the Zoning Board of Appeals for further action. Only existing residential structures constructed and approved by the Village of Palatine for Final Occupancy as of January 1, 2017 are eligible to apply for this relief. Residential structures not meeting this eligibility date may apply for a standard variation. Any administrative variations involving a residential building or structure addition shall be recommended for approval to the Village Council on the Consent Agenda. The following types of relief are eligible for administrative variations: 1. Residential building coverage or lot coverage, which exceeds the maximum allowed coverage by 15% or less. For example, if the maximum allowable lot coverage is 45%, an administrative variation could be applied for, provided the lot coverage did not exceed 51.75%. In addition to the required application process, an administrative variation for residential lot or building coverage is subject to a finding of no significant impact for the proposed improvement by the Village Engineer or his designee. If the Village Engineer determines that there may be a significant impact, a standard variation application must be submitted. 2. Encroachments into residential required yards of 10% or less beyond the minimum required setback for permitted obstructions. 3. Residential driveway width or setbacks which exceed the maximum allowable requirement by 10% or less or minimum required by 10% or more. (Ord. O-36-17, 4/3/17) 4. Applications for variations involving non-conforming decks in rear and side yards. 5. Applications for variations involving sheds located on easements, subject to the applicable utility company authorization, in conjunction with the building permit submission, if such a permit is required. (d) Application for variation. 1. Said application shall contain the following information: a. Petition for hearing; b. Real Estate Interest Disclosure Form; c. Plat of Survey and legal description of the subject property; and d. Proof of ownership, including signature(s) of owner(s) on the petition for hearing or on a statement attached to said form giving owner’s consent of the petition. Packet Pg. 16 3.1.b 2. The following materials may be required by the Village, either as part of the application or as a condition of approval: a. Site plan; b. Floor plans; c. Building elevations; d. Preliminary engineering plans; e. Business plan; Attachment: 14.03 Variations (Text Amendments - Zoning approval processes and notificiation) f. Signage information; g. Traffic analysis; and h. Any other information deemed necessary by the Village. (Ord. 0-60-06, §18, 4/3/06) (3) Proof of ownership, proof of authority on behalf of the owner or current contract to purchase or lease the subject property shall also be required at the time of filing for a variation. (4) Application for Administrative Variation a. Completed application and required fees; b. Narrative outlining the nature of the request and applicable Variation standards; c. Proof of ownership or interest in the property; d. Plat of survey; e. Site Plan and/or building plans, as appropriate; f. Support materials - any other relevant information deemed necessary by the applicant in support of the application; g. List of the required surrounding property addresses, within a one property radius (including those across the street and behind the property) of the subject property. The final required list will be reviewed and confirmed by the Village. h. Sworn affidavit – Confirming the accuracy of the application and supporting documentation. (Ord. O-36-17, 4/3/17) (e) Standards for variations. (1) Variations or Administrative Variations shall not be granted except on findings based upon the evidence in each specific case: a. That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located; and b. That the plight of the owner is due to unique circumstances; and c. That the variation, if granted, will not alter the essential character of the locality. d. Additionally, variations of the floodplain regulations must comply with the standards listed in the Subdivision regulations section 6.08(f). However, no variation may be granted to any development located in the regulatory floodway.(Ord.No. O-83-96, 5/29/96 4) (2) For the purposes of supplementing the above standards, the Village Council, Zoning Board of Appeals, or Administrator may take into consideration the extent to which the following facts favorable to the applicant have been established by the evidence: a. That the particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulation were to be carried out; b. That the conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classification; Packet Pg. 17 3.1.b c. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property; d. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property; e. That the granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; or f. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire or otherwise endanger Attachment: 14.03 Variations (Text Amendments - Zoning approval processes and notificiation) Packet Pg. 18 3.1.b the public safety, or substantially diminish or impair property values within the neighborhood. (3) Administrative Variations adhering to the application submittal requirements and Ordinance limitations may be administratively approved as follows: a. After the administrative variation application is submitted and reviewed by the various Village Departments, the Village will indicate if the applicant may proceed forward with seeking approval of the requested relief, as follows: Attachment: 14.03 Variations (Text Amendments - Zoning approval processes and notificiation) i. Upon review and confirmation of a submitted application to the Village, the applicant reviews the requested relief and all associated proposed plans with the required adjacent property owners. As part of this review, the applicant must obtain and submit a signed statement, on a Village provided form, along with a set of the proposed plans, confirming that those property owners have no objection to the requested administrative variation. Only upon receiving a signed statement along with a signed set of plans from each required property owner, may the administrative variation be recommended for approval. If an administrative variation is not granted, the applicant may file for standard variation. ii. In conjunction with the submitted approval from all of the required adjacent property owner, the Village will send a copy of the administrative variation application by standard mail to all taxpayers of record and occupants within 250 feet of the boundaries of the subject property. If there are no written objections filed with the Department of Planning and Zoning within 10 days of receipt of such notice, the administrative variation may be granted. If an administrative variation is not granted, the applicant may file for a standard variation. (Ord. O-36-17, 4/3/17) (f) Decisions of zoning board of appeals. (1) Variations. The Zoning Board of Appeals may recommend to the Village Council such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section. a. All decisions and findings of the Zoning Board of Appeals on variations arrived at after the hearing shall, in all instances, be referred to the Village Council with report and recommendations. b. The Village Council, upon report of the Zoning Board of Appeals and without further public hearing, may grant any proposed variation or may refer it back to the Zoning Board of Appeals for further consideration, and any proposed variation which fails to receive the approval of the Zoning Board of Appeals shall not be passed except by the favorable vote of two-thirds (2/3) of all members of the village board. Variations from the provisions of this ordinance shall be granted only by the Village Council. Upon receipt of report and recommendation from the Zoning Board of Appeals the Village Council may: i. Refer it back to the zoning board of appeals for further consideration; ii. Grant the proposed variation. c. Any variation which fails to receive the approval of the Zoning Board of Appeals shall not be passed by the Village Council except by the favorable vote of two- thirds (2/3) of all members. (g) Appeals. (1) Scope of Appeals. Any person aggrieved by any decision made with respect to this zoning ordinance by the Community Development Director (Officer) may appeal to the Zoning Board of Appeals. Such appeal shall be taken within forty-five (45) days of the decision Packet Pg. 19 3.1.b being appealed, by filing with the Officer from whom the appeal is taken and with the Zoning Board of Appeals, a notice of appeal, specifying the grounds thereof. The Officer shall forthwith transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken. (2) Petition for an Appeal. A petition for an appeal shall contain the following information: a. Name and address of the petitioner b. Location of property in question c. Copy of the Officer’s letter outlining the decision being appealed Attachment: 14.03 Variations (Text Amendments - Zoning approval processes and notificiation) d. Identification of the ordinance provision(s) in dispute e. A description of the proposed use, including plot plan, if applicable f. State the grounds for the appeal (3) Notice of Hearing. The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal. The appeal hearing shall be subject to the same notice provisions as variations. At the hearing, any party may appear in person, by agent or by attorney. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the Officer. (4) Stay of Proceedings. An appeal stays all official proceedings unless the officer from whom the appeal is taken provides the Zoning Board of Appeals with a statement stating that a stay of the proceedings would cause imminent peril to life or property. (5) Decision of the Zoning Board of Appeals. The Zoning Board of Appeals shall reach its decision within thirty (30) days from the date of the public hearing on the appeal. The concurring vote of five (5) members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Officer. The Zoning Board of Appeals shall maintain complete records of all appeal actions. Decisions shall be submitted to the applicant and Officer. (6) Appeals to Courts. All final administrative decisions of the Zoning Board of Appeals are subject to judicial review pursuant to the provisions of the Administrative Review Law and all amendments and modifications thereof and the rules adopted pursuant thereto. The term administrative decision is defined as in Section 3-101 of the Code of Civil Procedure.] (7) Fees. Any petition for an appeal shall be accompanied by a fee as provided in the fee schedule supplement to the Palatine Municipal Code. In addition, the petitioner will be responsible for the costs of supplying a court reporter and the costs for writing up the transcript. No decision shall be final until the transcript of the record is filed with the Zoning Board and until proof that the court reporter’s fees have been paid. (Ord. No. O-50-90,  1, 2, 5-14-90; Ord. No. 0-171-94 1, 11-14-94; Ord. No. 0-171-97; 10/27/97 3) (Ord. O-36-17, 4/3/17) Packet Pg. 20 3.1.c 14.05. Special Uses and Special Use Amendments, Minor Special Use, and Administrative Special Uses. (Ord. #0-122-10, §1, 10/4/10; Ord O-36-17, 4/3/17) Attachment: 14.05 Special Uses (Text Amendments - Zoning approval processes and notificiation) (a) Purpose and authorization. Except as provided in paragraph (b) of this Section, Special Uses and Special use amendments shall be heard by either the Zoning Board of Appeals or the Plan Commission. The development and execution of this ordinance is based upon the division of the Village into districts, within any which district the use of land and buildings, and the bulk and location of buildings and structures as related to the land are substantially uniform. (Ord. #0-171-94 2 and 3, 11-14-94; Ord. #0-122-10, §2, 10/4/10) (1) It is recognized, however, that there are special uses which, because of their unique characteristics cannot be properly classified in any particular district or districts without consideration, in each individual case, of the impact of those special uses upon neighboring land and upon the public need for the particular special use at the particular location. (2) While specific regulations for specific zoning districts in this ordinance may recognize particular uses that may be allowable in such zoning district as a special use, all such special uses fall, nevertheless, into two (2) broad categories: a. Uses publicly operated or traditionally affected with the public interest; and b. Uses entirely private in character, but of such an unusual nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. Such uses may include planned unit developments meeting the standards and requirements of this ordinance. (b) Administrative Special Uses, Minor Special Uses, and Special Use Amendments. All applications for administrative special uses shall be made on an appropriate application form provided by the Village. (Ord. #0-122-10, §3, 10/4/10) (1) The Village Manager or designee may recommend approval of the following applications for Minor Special Uses, Administrative Special Use, and Special Use Amendments to the Village Council on the Consent Agenda, or may remand the application to the Zoning Board of Appeals for further action. Any administrative special use involving a residential building or structure addition shall be recommended for approval on the Village Council Consent Agenda. The following types of relief are eligible for administrative special uses: Administrative Minor Special Uses which comply with the application and ordinance may be administratively approved, pursuant to the required process in the following category: (Ord. #0-122-10, §4, 10/4/10; Ord. O-36-17, 4/3/17) a. Applications for special uses involving sheds, pergolas, or gazebos encroaching upon the setback requirements. (Ord. No. O-83-96, 5/29/96 6; Ord.No.0-188- 99,2,11-8-99; O-72-20, 9-14-2020) b. Changes to existing Special Uses which maintain substantial conformance to the enabled Special Use. (Ord. #0-122-10, §5, 10/4/10) (2) Administrative Special Uses – The Village Manager or his designee shall consider the following Administrative Special Uses and may recommend approval to the Village Council on the Consent Agenda or may remand the application to the Zoning Board of Appeals. Residential structures constructed and approved by the Village of Palatine for Final Occupancy as of January 1, 2017 are eligible to apply for this relief. Residential structures not meeting this eligibility date shall follow the standard Special Use process. Any administrative special use involving a residential building or structure addition shall be recommended for approval on the Village Council Consent Agenda. The following types of relief are eligible for administrative special uses: Formatted: Indent: Left: 0.38", Hanging: 0.63" a. Residential setback reductions for all yards, for which the proposed setback shall not exceed the Formatted: Indent: Left: 0.38", Hanging: 0.63", No minimum requirement by more than 10%, within each zoning district. (For example, if the bullets or numbering Packet Pg. 21 3.1.c required front yard is 30 feet, an administrative special use could be applied for, provided that the proposed setback was at least 27 feet). Formatted: Indent: Left: 0.38", Hanging: 0.63" Attachment: 14.05 Special Uses (Text Amendments - Zoning approval processes and notificiation) b. Residential fencing, which requires Special Use review. Formatted: Indent: Left: 0.38", Hanging: 0.63", No c. Replacement of existing accessory structures, with non-conforming setbacks, which maintain or bullets or numbering increase the existing setbacks and are within 10% of the total square footage of the existing accessory structure. Accessory structures located in the front yard or side yard abutting a street are not eligible for this type of relief (c) Application for Administrative Special Uses, Special Uses and Special Use Amendments Special Use and Special Use Amendments. The application for Special Use, Special Use Amendments, and Administrative Special Uses shall be filed and processed in the manner prescribed for applications for amendments and shall be accompanied by the following information: (Ord. #0-122-10, §6, 10/4/10; Ord. O-36-17, 4/3/17) 1. Said application shall contain the following information: a. Petition for Hearing; b. Real Estate Interest Disclosure Form; c. Site Plan, Elevation, Plat of Survey and legal description of the subject property; and d. Proof of ownership, including signature(s) of owner(s) on the petition for hearing or on a statement attached to said form giving owner’s consent of the petition. 2. The following materials may be required by the Village, either as part of the application or as a condition of approval. a. Site plan; b. Floor plans; c. Building elevations; d. Preliminary Engineering Plans; e. Business plan; f. Signage information; g. Traffic analysis; and h. Any other information deemed necessary by the Village. (Ord. 0-60-06, §19, 4/3/06) (d) Standards. No special use shall be granted by the Village Council unless the special use or special use amendment: (Ord. #0-122-10, §7, 10/4/10) (1) Is deemed necessary for the public convenience at that location if categorized as (2)(a) by paragraph (a) above. (2) Is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected. (3) Will not cause substantial injury to the value of other property in the neighborhood in which it is located. Packet Pg. 22 3.1.c (4) With respect to requests for live entertainment, the following additional standards must be met. Said live entertainment: (Ord. No. 0-3-10, §2, 1/11/10) Attachment: 14.05 Special Uses (Text Amendments - Zoning approval processes and notificiation) a. Shall not produce noise levels so great as to constitute an unreasonable interference with the rights or wellbeing of persons outside of the confines of such establishment. b. Shall not impose undue health, sanitation or safety burdens on the village. c. Shall not create excessive demands on the police department of the village so as to impair its ability to maintain the peace in the village and provide adequate protection for its citizens. d. Shall not be of a nature otherwise prohibited by law or village ordinance. The entertainment proposed shall be fully described in the ordinance granting any special use hereunder and shall be subject to such reasonable conditions as the president and board of trustees may prescribe. Any change from the stated entertainment shall require another special use or permit. (5) With respect to front yard fencing and fencing in a rear yard/side yard abutting a street, the following additional standards must be met: a. Will meet the following aesthetic criteria: i. Will not destroy existing vistas in the area; ii. Will enhance the appearance of the homes and the streets in the area; and iii. Will not detract from the overall appearance of the community; or b. The fencing is found to be necessary to protect private property or the safety of the inhabitants of the property. (6) After the administrative special use application is submitted and reviewed by the various Village Departments, the Village will indicate if the applicant may proceed forward with seeking approval of the requested relief, as follows: a. Upon review and confirmation of a submitted application to the Village, the applicant reviews the administrative special use application and all associated plans, with the required adjacent property owners. As part of this review, the applicant must obtain and submit a signed statement, on a Village provided form, along with a set of the proposed plans, confirming that those property owners have no objection to the requested administrative special use. Only upon receiving a signed statement along with a signed set of plans from each required property owner, may the administrative special use be recommended for approval. If an administrative special use is not granted, the applicant may file for standard special use. b. In conjunction with the submitted approval from all of the required adjacent property owners, the Village will send a copy of the administrative special use application and plans by standard mail to all taxpayers of record and occupants within 250 feet of the boundaries of the subject property. If there are no written objections filed with the Department of Planning and Zoning within 10 days of receipt of such notice, the administrative Special Use may be granted. If an administrative special use is not granted, the applicant may file for a standard special use. (Ord. O-36-17, 4-3-17) (e) Conditions. The Plan Commission and the Zoning Board of Appeals may recommend, and the Village Council may provide, such conditions and restrictions upon the construction, location and operation of a special use, including but not limited to provisions for off-street parking and loading, as may be deemed necessary to promote the general objectives of this ordinance and to minimize injury to the value of property in the neighborhood. (f) Lapse of special use permit. A special use permit hereunder granted shall lapse if: Packet Pg. 23 3.1.c (1) A building permit has not been issued by the village for such construction, installation, or relocation within one year after the effective date of the ordinance granting said special use. Attachment: 14.05 Special Uses (Text Amendments - Zoning approval processes and notificiation) (2) A building permit has been issued, but such construction, installation or relocation is not completed within two (2) years after its issuance. In the event a special use lapses, nothing herein shall prohibit any person from applying for the same special use or a new special use on substantially the same terms. (g) Enforcement, penalties and termination. (1) The Corporate Authorities of the Village may enforce any of the conditions upon which a special use has been granted hereunder or one or more of the standards set forth in subparagraph (d) herein by instituting an appropriate action in the Circuit Court of Cook County, Illinois to enjoin the violation of such condition, and in addition may institute an action in said court to impose appropriate fines for such violations. (2) The Corporate Authorities of the Village may terminate any special use for violation of a condition upon which such special use has been granted or one or more of the standards set forth in subparagraph (d) herein in the following manner: a. Written notice of the alleged violation shall be served either personally or by registered or certified mail, upon the owner and upon the occupant, if any, of the premises covered by such special use, allowing thirty (30) days following personal service or mailing of said notice for the violation to be cured, and setting a date certain sometime after said thirty-day period for a public hearing thereon before the Corporate Authorities of the Village. b. If the alleged violation is cured within the thirty-day period and the village manager so certifies, the public hearing shall be cancelled. c. If the village manager does not certify, the public hearing shall be held and the owner and occupant, if any, given an opportunity to show cause, if any thereby, why the special use should not be terminated. d. At the conclusion of the hearing, the Corporate Authorities may: i. Permit the special use to continue generally; ii. Permit the special use to continue allowing such additional time to cure the alleged violation as they deem warranted under the circumstances; iii. With the consent of the owner, adopt an ordinance modifying the special use in such manner as they deem appropriate after due notice and public hearing as required by this section; or iv. Adopt an ordinance repealing the special use, provided that any such ordinance shall contain findings of fact upon which such repeal is based. (3) All remedies and actions provided in this paragraph (g) shall be in addition to and not in place of those elsewhere provided in this ordinance or available under the laws or statutes of the State of Illinois; specifically including Article XIII, which applies to planned developments. (Ord. No. O-192-92,  1, 12-14-92; Ord. No. 0-171-94 2-5 11-14-94; Ord No. O-111-97, 1, 7-14-97; Ord. O-36-17, 4/3/17) (h) Transfers of Special Uses (1) In order to transfer an existing Special Use within the Village of Palatine, a Special Use transfer request shall be submitted to the Department of Planning and Zoning. The transfer shall apply if there is an ownership change for any new owner, operator, lessee, or changes Packet Pg. 24 3.1.c to the corporate structure for a given use operating under a specific Special Use ordinance. The Special Use transfer requirement shall not apply to single-family properties used only Attachment: 14.05 Special Uses (Text Amendments - Zoning approval processes and notificiation) for single-family residential purposes. (2) The Special Use transfer request will indicate that the specific Special Use Ordinance was reviewed and that the proposed new owner/operator will comply with both the Special Use Ordinance and any related conditions therein upon transfer and continue operating the Special Use in a manner consistent with operative Special Use. (3) Once the Village receives and reviews the Special Use transfer request, the Village Manager will schedule the transfer for Village Council review and either: a. Place the transfer request on the Village Council agenda, for those requests generally consistent with the underlying Special Use. b. If the Village Manager deems that the new proprietor contemplates a change in use which is inconsistent with the Special Use ordinance, the new proprietor shall be required to Petition for a public hearing before the Zoning Board of Appeals for a new Special Use. (Ord. No.0-69-10, §1, 6/21/10) (i) Special Use Amendments (1) It is recognized that existing Special Uses will contemplate building and site additions, floor plan changes and operational adjustments that may change the underlying approvals granted in the original Special Use. (2) If a proposed amendment to a Special Use does not substantially conform with the enabled Special Use, a Special Use Amendment will be processed as a new Special Use under Section 14.05 of the Village’s Zoning Ordinance. If a proposed change does substantially conform with the enabled Special Use, then the Special Use Amendment may be processed Section 14.05(b) (1). Such conformance or lack thereof shall be determined by the Administrator after reviewing the proposed changes. (Ord. #0-122-10, §8, 10/4/10) Packet Pg. 25 3.1.d 14.11 Notification a) Notification procedures for public hearings for Residential Special Uses and Variations Attachment: 14.11 Notification (Text Amendments - Zoning approval processes and notificiation) shall be as follows: 1) The Village of Palatine shall cause a legal notice of time, place and nature & purpose of the public hearing, as to be published in a newspaper of general circulation within the Village of Palatine for the appropriate hearing. 2) The Village of Palatine shall prepare and post a sign(s) on the subject property, indicating the pending hearing, at least 15 days prior to the public hearing. Said sign(s) shall be posted on each lot frontage, clearly legible to the public view. Said sign shall be 2’x3’ in size 3) The Village of Palatine shall prepare the written notification letter to be sent pursuant to section 14.11 (a) 4. The notification letter shall contain the following information: a. The common address, if applicable and location of the property in question. b. The nature and purpose of the hearing as provided by the petitioner in their application. c. The time and place of the hearing. d. The name, address and phone number of the petitioner. e. The location where information may be obtained concerning the petition. 4) The Village of Palatine shall mail the notification letter by standard mail, to all taxpayers of record of property and occupants located within 250 feet of the boundaries of the subject property, provided that the number of feet occupied by all public streets, roads, alleys, and any other public ways shall not be included in the calculation of the 250 foot requirement, at least 15 days prior to the public hearing. The taxpayers of record shall be the name(s) of the taxpayer(s) as indicated on the most recent real estate tax records available from the Cook County Assessor’s Office. (Ord. O-36-17, 4-3-17) b) Notification procedures for public hearings for Preliminary Planned Developments, Preliminary and Final Planned Developments (one-step), rezoning and commercial Special Uses and Variations shall be as follows: 1) The Village of Palatine shall cause a legal notice of the time, place and nature & purpose of the public hearing, to be published in a newspaper of general circulation within the Village of Palatine for the appropriate hearing. 2) The petitioner shall post a sign(s) on the subject property, indicating the pending public hearing, at least 15 days prior to the public hearing. Said sign(s) shall be posted on each lot frontage, clearly legible to the public view. 3) The Village of Palatine shall prepare the sign for the petitioner. Said sign shall be a minimum of no less than 12 square feet in size and shall significantly conform to figure 1. PUBLIC NOTICE PENDING ZONING HEARING FOR MORE INFORMATION CONTACT 847-359-9047 WWW.PALATINE.IL.US FIGURE 1 Packet Pg. 26 3.1.d (Ord. 0-87-09, §3, 7/13/09) Attachment: 14.11 Notification (Text Amendments - Zoning approval processes and notificiation) 4) The petitioner shall obtain the sign(s) timely so as to comply with Section 14.11 (b)2. Prior to the Village of Palatine issuing the sign(s), the Petitioner shall post a $125 refundable deposit for each sign. The refundable deposit shall be refunded to the petitioner upon the return of the sign(s) in acceptable condition. (Ord. #0-13-07, §8, 2/20/07; Ord. O-135-17, 12/11/17) 5) The petitioner shall police the public notification sign(s). Sign(s) removed or destroyed for whatever reason, including but not limited to theft, vandalism or inclement weather conditions during the required posting, must be replaced by the petitioner within 48 hours. 6) The Village of Palatine shall prepare for the petitioner a copy of the written notification letter to be sent pursuant to section 14.11 (b) 7. The notification letter shall contain the following information: a. The common address, if applicable and location of the property in question. b. The nature and purpose of the hearing as provided by the petitioner in their application. c. The time and place of the hearing. d. The name, address and phone number of the petitioner. e. The location where information may be obtained concerning the petition. 7) The petitioner shall obtain the written notification letter from the Village of Palatine and mail the notification letter by certified mail to all taxpayers of record of property located within 250 feet of the boundaries of the subject property, provided that the number of feet occupied by all public streets, roads, alleys, and any other public ways shall not be included in the calculation of the 250 foot requirement, at least 15 days prior to the public hearing. The taxpayers of record shall be the name(s) of the taxpayer(s) as indicated on the most recent real estate tax records available from the Cook County Assessor’s Office. Not withstanding the forgoing requirement, existing non-conforming businesses requiring a Special Use in order to continue operating shall be permitted to send the written notification letter via standard mail. (Ord. #0-23-09, §2, 3/2/09; Ord. #0-8-15, §2, 1/10/15; Ord. O-36-17, 4/3/17) 8) The Village of Palatine shall send the notification letter by standard mail to all occupants within 250 feet of the boundaries of the subject property, at least 15 days prior to the public hearing. 9) The petitioner shall provide an Affidavit of Compliance with Notice Requirements. The petitioners shall present to the public hearing body an Affidavit swearing that all applicable notice requirements have been prerformed in accordance with this Ordinance. c) Notification procedures for public hearings for Final Planned Developments shall be as follows: 1) The petitioner shall post a sign(s) on the subject property, indicating the pending public hearing, at least 15 days prior to the public hearing. Said sign(s) shall be posted on each lot frontage, clearly legible to the public view. 2) The Village of Palatine shall prepare the sign for the petitioner. Said sign shall be a minimum of 12 square feet 4’x5’ and shall conform to section 14.11 (b) 3 figure 1. PUBLIC NOTICE PENDING ZONING HEARING FOR MORE INFORMATION CONTACT 847-359-9047 WWW.PALATINE.IL.US Packet Pg. 27 3.1.d Attachment: 14.11 Notification (Text Amendments - Zoning approval processes and notificiation) FIGURE 1 (Ord. 0-87-09, §3, 7/13/09) Formatted: Space After: 6 pt, Line spacing: single, Tab stops: 0.5", List tab + Not at 0" + 1" + 1.5" + 2" + 2.5" + 3" + 3.5" + 4" + 4.5" + 5" + 5.5" + 6" 3) The petitioner shall obtain the sign timely so as to comply with Section 14.11 (b) 2. Prior to the Village of Palatine issuing the sign(s), the Petitioner shall post a $125 deposit for each sign. The deposit shall be refunded to the petitioner upon the return of the sign(s). (Ord. O-135-17, 12/11-17) 4) The petitioner shall police the public notification sign(s). Sign(s) removed or destroyed for whatever reason, including but not limited to theft, vandalism or inclement weather conditions Packet Pg. 28 3.1.d during the required posting, must be replaced by the petitioner within 48 hours. 5) The Village of Palatine shall prepare for the petitioner a copy of the written Attachment: 14.11 Notification (Text Amendments - Zoning approval processes and notificiation) notification letter to be sent pursuant to section 14.11 (b) 6. The notification letter shall contain the following information: a. The common address, if applicable and location of the property in question. b. The nature and purpose of the hearing as provided by the petitioner in their application. c. The time and place of the hearing. d. The name, address and phone number of the petitioner. e. The location where information may be obtained concerning the petition. 6) The petitioner shall obtain the written notification letter from the Village of Palatine and mail the notification letter by certified mail, to all taxpayers of record of property located within 250 feet of the boundaries of the subject property, provided that the number of feet occupied by all public streets, roads, alleys, and any other public ways shall not be included in the calculation of the 250 foot requirement, at least 15 days prior to the public hearing. The taxpayers of record shall be the name(s) of the taxpayer(s) as indicated on the most recent real estate tax records available from the Cook County Assessor’s Office. (Ord. No. 0-82-11, §1, 7/18/11; Ord. O-36-17, 4/3/17) 7) The Village of Palatine shall send the notification letter by standard mail to all occupants within 250 feet of the boundaries of the subject property, provided that the number of feet occupied by all public streets, roads, alleys, and any other public ways shall not be included in the calculation of the 250 foot requirement, at least 15 days prior to the public hearing. 8) The petitioner shall provide an Affidavit of Compliance with Notice Requirements. The petitioners shall present to the public hearing body an Affidavit swearing that all applicable notice requirements have been preformed in accordance with this Ordinance. Formatted: Indent: First line: 0" d) Changes to Established Planned Developments Formatted: Font: Italic 1) At the discretion of the Village Manager, Village Council review may be required for a Minor Planned Development Amendment. In such instances the Village shall send a courtesy notice to all taxpayers of record property owners and occupants within 250 feet, of the Subject Property seven Formatted: Strikethrough (7) days prior to the Village Council meeting advising them of the request. (Ord. #O-23-09, §1, Formatted: Strikethrough 3/2/09; Ord. O-34-17, 4/3/17) Formatted: Font: Times New Roman, 11 pt ---------------- Formatted: List Paragraph, Indent: First line: 0" [Editor’s Note: Ordinance 0-22-02 passed on February 25, 2002 added a new Sec. 14.12 to Article XIV Formatted: Font: Italic Administration] ------------------- Packet Pg. 29 3.1.e Attachment: SUB ORD Amendment Notification (Text Amendments - Zoning approval processes and notificiation) ARTICLE III. PRELIMINARY PLAT 3.01. General procedure. (a) Submittal. A proposed plat of subdivision shall contain the following information and be submitted for preliminary approval by filing copies of the preliminary plat with the Village (1) Preliminary plat requirements. Each preliminary plat shall contain the following: i. Proposed name of subdivision (not duplicating name of any plat heretofore recorded in Cook County). ii. Location by township, section, town and range, or by other legal description. iii. Names and addresses of the owners or subdividers having control of tract, and designer of the plat. iv. Graphic (engineering scale not smaller than one inch to one hundred (100) feet). v. North-point (designed as true north). vi. Date of preparation. vii.The zoning of all surrounding land indicating whether it is in the Village of Palatine, Cook County or other municipalities. viii.Boundary line of proposed subdivision clearly indicated. ix. Total acreage of subject property. x. Location, widths and names of all existing or previously platted streets or other public ways, showing type of improvement, if any, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, easements, and section and corporation lines, within the tract and to a distance of one hundred (100) feet beyond the tract. xi. Location and size of existing sewers, water mains, culverts, septic systems (including filter fields) or other underground facilities within the tract and to a distance of one hundred (100) feet beyond the tract; also indicating such data as grades, invert elevations, and locations of catchbasins, manholes and hydrants. xii.Boundary lines of adjoining unsubdivided or subdivided land-within one hundred (100) feet-identifying by name and ownership. xiii.Topographic data including contours at vertical intervals of not more than two (2) feet, except that contour lines shall be no more than one hundred (100) feet apart, water courses, marshes, rock outcrops, high water elevation including source of information and other significant features. xiv.Floodplain lines are to be delineated according to the applicant's USGS Flood Quadrangle; or other documents adopted by the village. xv. Tree Preservation Plan subject to the regulations in Section 7.01 (B) of this appendix. xvi. Lines of inflow and outflow, if any. xvii. Farm drains, inlets and outfalls, if any. xviii. Location of existing corporate boundary lines at or near the proposed subdivision. (2) Preliminary engineering plans. The application for preliminary approval shall include preliminary engineering plans which bear the signature and seal of the Illinois Registered Professional Engineer under whose direction they were prepared and containing the following: i. The location and width of proposed streets, alleys and public ways. ii. The proposed location and sizes of sewers and storm drains. iii. The proposed location of public grounds, if any. iv. The layout, numbers and typical dimensions of lots to the nearest foot, including buildings setback lines. v. Proposed easements for public utilities. vi. The proposed method of sewage and waste disposal; storm water disposal; and water supply. vii. The proposed layout and sizes of water mains, valves, fire hydrants and other appurtenances. viii. Traffic and other impact studies if required by the village. ix. Provide information on the gross area of each land use sub-area, i.e., single-family, Packet Pg. 30 3.1.e Attachment: SUB ORD Amendment Notification (Text Amendments - Zoning approval processes and notificiation) multifamily, commercial, etc. For residential sub-areas, the number of dwelling units and gross density contained therein based on the ultimate development of the land. The sub- area boundaries are to be clearly delineated. x. The proposed grading of the subdivision including contours at vertical intervals of not more than two (2) feet, except that contour lines shall be no more than one hundred (100) feet apart. xi. Preliminary detention calculations including proposed detention areas and emergency overflow routes. (3) Supporting documents i. Petition for subdivision ii. An outline of the restrictive covenants shall accompany the preliminary plat. iii. Real Estate Interest Disclosure Form iv. For subdivisions two (2) acres or greater in area, a copy of the receipt from the North Cook County Soil and Water Conservation District showing that the subdivider has submitted a natural resource information request to that agency and has paid the proper fee. v. Illinois Department of Natural Resources Endangered Species Consultation Program Agency Action Report. vi. For subdivisions proposing work (whether dredging or filling) in wetlands or waters of the United States, proof that a request has been made to the Army Corps of Engineers for a determination on jurisdiction. vii. For subdivisions requiring Variations or Special Uses to this appendix or to the Zoning Ordinance, preliminary site plan indicating the proposed site design and setbacks. viii. Proof of ownership, including signature(s) of owner(s) on the petition for hearing or on a statement attesting to said form giving owner’s consent to the petition. ix. Any additional information requested by the Village, either as part of the submittal or as a condition of approval. (4) Fees. a. At the time of filing the preliminary plat with the Village, fees (which is are in addition to any plan review fees) shall be paid to the Village according to the fee schedule supplement to the municipal code. b. A plan review fee, based on one hundred fifty (150) percent of the rate per hour of the present salary schedule adopted by the Village Council of those village personnel participating in the review process shall be paid to the Village. (Ord. No. 0-61-06, §1, 4-3-06) (b) Distribution of preliminary plat. The Village of Palatine shall submit copies to the plan commission and one copy of the preliminary plat to each of the following: (1) The appropriate park district in which the area to be platted lies; (2) Community Consolidated School District No. 15; (3) High School District No. 211; (4) Junior College District No. 512; and shall further notify such districts of the first meeting at which the plan commission will consider the said preliminary plats. The plan commission shall permit representatives of said districts to present their views on the proposed plans. (c) Notification. The Village shall send notice, by standard mail, of the first meeting at which the plan commission will consider the said preliminary plats to all taxpayers of record owners of record and all residents of each lot and parcel of property located within the same block as the land proposed to be subdivided, or any portion thereof, as well as all owners of record, and all residents of each lot and parcel of property located within two hundred fifty (250) feet of the land proposed to be subdivided, or any portion Packet Pg. 31 3.1.e Attachment: SUB ORD Amendment Notification (Text Amendments - Zoning approval processes and notificiation) thereof, .provided that the number of feet occupied by all public streets, roads, alleys, and any other public ways shall not be included in the calculation of the 250 foot requirement, at least 15 days prior to the public hearing. The taxpayers of record shall be the name(s) of the taxpayer(s) as indicated on the most recent real estate tax records available from the Cook County Assessor’s Office. Said notice shall contain a description of the land proposed to be subdivided and a general description of the proposed subdivision. (Ord.No.0-72A-98, §14, 15, & 16, 5/26/98; Od. No. 0-61-06, §3, 4/3/06) (1) The Village of Palatine shall cause a legal notice of the time, place and nature & Formatted: Font: Times New Roman, 11 pt purpose of the public hearing, to be published in a newspaper of general circulation within the Village of Palatine for the appropriate hearing. Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + 2) The petitioner shall post a sign(s) on the subject property, indicating the pending Alignment: Left + Aligned at: 1" + Indent at: 1.5" public hearing, at least 15 days prior to the public hearing. Said sign(s) shall be posted on each lot frontage, clearly legible to the public view. Formatted: List Paragraph, Indent: Left: 1.5" Formatted: Indent: Left: 0", Hanging: 1.5" 3) The Village of Palatine shall prepare the sign for the petitioner. Said sign shall be no less than 12 square feet in size and shall significantly conform to figure 1. PUBLIC NOTICE PENDING ZONING HEARING FOR MORE INFORMATION CONTACT 847-359-9047 WWW.PALATINE.IL.US FIGURE 1 (Ord. 0-87-09, §3, 7/13/09) 4) The petitioner shall obtain the sign(s) timely so as to comply with Section 14.11 (b)2. Prior to the Village of Palatine issuing the sign(s), the Petitioner shall post a $125 refundable deposit for each sign. The refundable deposit shall be refunded to the petitioner upon the return of the sign(s) in acceptable condition. (Ord. #0-13-07, §8, 2/20/07; Ord. O-135-17, 12/11/17) 5) The petitioner shall police the public notification sign(s). Sign(s) removed or destroyed for whatever reason, including but not limited to theft, vandalism or inclement weather conditions during the required posting, must be replaced by the petitioner within 48 hours. ARTICLE IV. FINAL PLAT [Editor’s Note: Ord. No. 0-61-06, replaced Article IV in its entirety] 4.01. General procedure. (a) Application. Application for final approval of the final plat shall be made to the Village Council not later than one year after preliminary approval has been granted, unless time is extended by the village president and board of trustees. The applicant may elect to have final approval of a geographic part or parts Packet Pg. 32 3.1.e Attachment: SUB ORD Amendment Notification (Text Amendments - Zoning approval processes and notificiation) of the plat that received preliminary approval and may delay application for approval of other parts until a later date or dates beyond one year with the approval of the village president and board of trustees, provided all facilities required to serve the part or parts for which final approval is sought have been provided. In such cases only such part or parts of the plat that have received final approval shall be recorded. (1) Final plat requirements. The application for approval shall be accompanied by: a. A final plat shall be prepared on mylar or linen tracing cloth, so as to be suitable for recording with the county recorder of deeds. All revision dates shall be shown as well as the following: i. Proposed name of subdivision and legal description of subdivision. ii. An identification system for all lots and blocks. iii. Accurate angular and lineal dimensions for all lines, angles, and curvatures used to describe boundaries, streets, alleys, easements, areas to be reserved for public use, and other important features. Lot lines to show dimensions in feet and hundredths. Dimensions shown on curved lines shall be arc distances and bearings, radii, and points of tangency and curvature. iv. The minimum scale shall be one inch equals one hundred (100) feet and the scale must be clearly indicated. v. True angles and distances to the nearest established street lines or official monuments (not less than two (2)), which shall be accurately described in the plat. vi. North point (designated as true north). vii. Township, county or section lines accurately tied to the lines of the subdivision by distance and angles. viii. All previously dedicated or vacated rights of way and/or easements included in or adjacent to the described real estate along with the document number and date of the recording instrument. ix. Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, or for the exclusive use of the property owners within the subdivision with purposes indicated thereon including scenic or access easements, together with a statement that dedicates the easements as approved by the Village of Palatine. The required easement provisions are detailed in Section 6.03 of this appendix. x. All easements required for the installation of electric, gas, telephone, cable television etc., together with a statement that dedicates the easements as approved and executed by the utilities. The required easement provisions are detailed in Section 6.03 of this appendix. xi. All easements required for installation and/or maintenance of water mains, sanitary and storm sewers, drainage, detention basins, street lights and other facilities to be dedicated to the village together with a statement that dedicates the easements. The required easement provisions are detailed in Section 6.03 of this appendix. xii. Restrictive covenants shall be lettered on the final plat or appropriately referenced thereon. xiii. Executed Certification by a licensed surveyor, to the effect that the plat represents a survey made by him/her and that monuments and markers shown thereon exist as located and that all dimensional details are correct. xiv. Executed and Notarized certification by owner, and by any mortgage holder of record, of the adoption of the plat and the dedication of streets and other public areas as follows: Packet Pg. 33 3.1.e Attachment: SUB ORD Amendment Notification (Text Amendments - Zoning approval processes and notificiation) OWNER’S CERTIFICATE State of Illinois) County of Cook) S.S. This is to certify that are the owners of the property described hereon and that they have caused the said property to be surveyed and subdivided as shown hereon, for the uses and purposes therein set forth, and do hereby acknowledge and adopt the same under the title hereon indicated. Dated this day of , A.D., 2 NOTARY CERTIFICATE State of Illinois) County of Cook) S.S. I, a notary public in and for said county in the state aforesaid, do hereby certify that are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such owners, appeared before me this day in person and acknowledged that they signed and delivered said instrument of their own free and voluntary act and as the free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this day of , A.D., 2 _________________________________ Notary Public My commission expires on: MORTGAGOR’S CERTIFICATE (if applicable) State of ) County of ) S.S. This is to certify that hereby consents to the plat shown hereon for the uses and purposes therein set forth, and does hereby acknowledge and adopt the same under the title hereon indicated. Dated this day of , A.D., 2 By: Title: Attest: Title: NOTARY CERTIFICATE I, a notary public in and for said county in the state aforesaid, do hereby certify that and of are personally known to me to be the same persons whose names are subscribed to the foregoing instrument such officers, appeared before me this day in person and acknowledged that they signed Packet Pg. 34 3.1.e Attachment: SUB ORD Amendment Notification (Text Amendments - Zoning approval processes and notificiation) and delivered said instrument of their own free and voluntary act and as the free and voluntary act of said corporation for the uses and purposes therein set forth, and that the said did also then and there acknowledge that he/she, as custodian of the corporate seal of said corporation, did affix said seal to said instrument as his/her own free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. Given under my hand and notarial seal this day of , A.D., 2 _________________________________ _________________________________ Notary Public My commission expires on: xv. Form for approval of the plan commission as follows: Approved by the Plan Commission of the Village of Palatine, Cook County, Illinois, this day of ____ 2 Signed: Chairman Attest: Secretary xvi. Form for approval of the Village Council as follows: Approved by the Village Council of the Village of Palatine, Cook County, Illinois, this day of ____ , 2 . Signed: Mayor Attest: Village Clerk xvii Form for approval of the Village Engineer as follows: State of Illinois) County of Cook) S.S. This plat has been checked for conformance to the Village of Palatine standards and requirements, and working drawings and specifications for improvements have been prepared in conformance with the Village standards and requirements, and engineering fees due to the Village of Palatine have been paid. Dated this day of ____ ,2 Signed: Village Engineer xviii. Form for approval by the Village Collector as follows: VILLAGE COLLECTOR I do hereby certify that there are no deferred special assessments or unpaid current Packet Pg. 35 3.1.e Attachment: SUB ORD Amendment Notification (Text Amendments - Zoning approval processes and notificiation) assessments due against the land included in the above plat. Dated this day of ____ ,2 By: Village Collector xix. Form executed by an Illinois Professional Engineer stating that adequate provisions have been made for surface water drainage as follows: SURFACE WATER DRAINAGE CERTIFICATE State of Illinois) County of Cook) S.S. We hereby certify to the best of our knowledge and belief that adequate provisions have been made for the diversion and detention of surface waters into public areas or drains within the rights of the subdivider and that such surface waters will not be deposited on adjacent land owners property in such concentration as may cause damage by erosion or sedimentation to such property because of construction of the subdivision. By: Dated: Owner By: Dated: Illinois Professional Engineer xx. Adequate space, approximately 4" by 2", for approval stamps by Cook County authorities and the Illinois Department of Transportation as required. xxi. The square footage of each lot shall be indicated on the plat. xxii Property Identification Number (PIN number). xxiii. Completed statement indicating party responsible for the tax bill as follows: Send next tax bill to (Name, Address) b. Supporting documents with final plat. The following supporting documents and data, shall be submitted with said final plat: i. All covenants such as homeowners association covenants and agreements which are to be applied to the property. All documents and agreements shall be executed prior to submittal. ii. A description and justification for any variation from the preliminary plat and a description of any external factors which have changed since preliminary plat affecting the layout of the final plat. iii. Where a flood water retention basin or storm sewer system is to be constructed, the date of completion of such basin or system, or a phasing schedule for the completion thereof. Such schedule shall assure the completion of all storm sewers and flood water retention basins necessary to accommodate all storm water associated with the particular phasing of the development prior to the issuance of any building permits. iv. A statement signed by the subdivider, builder or land subdivider setting forth an agreement executed by such subdivider, builder or land subdivider wherein he/she or they agree to make and install the improvements provided in Article VII, herewith in accordance with the plans and specifications approved by the village. v. For subdivisions two (2) acres or greater in area, a copy of the receipt from the North Cook County Soil and Water Conservation District showing that the subdivider has submitted a natural resource information request to that agency and has paid the proper fee. vi. For subdivisions proposing work (whether dredging or filling) in wetlands or waters of the United States, proof that a request has been made to the Army Corps of Engineers for a determination on jurisdiction. vii. For subdivisions requiring Variations or Special Uses to this appendix or to the Zoning Ordinance, Packet Pg. 36 3.1.e Attachment: SUB ORD Amendment Notification (Text Amendments - Zoning approval processes and notificiation) preliminary site plan indicating the proposed site design and setbacks. viii. Proof of ownership, including signature(s) of owner(s) on the petition for hearing or on a statement attesting to said form giving owner’s consent to the petition. c. Engineering plans and specifications of required land improvements as regulated by Article VI, VII and IX of this appendix. Said plans and specifications shall bear the seal of an Illinois registered professional engineer, along with his/her signed statement that such plans and specifications have been prepared in compliance with this article and with good engineering practices. d. Tree preservation plans and specifications as regulated by Article VII of this appendix. e. If the tract of land proposed to be subdivided or any part thereof lies adjacent to a highway over which the Department of Transportation of the State of Illinois or the County of Cook Highway Department has jurisdiction with respect to maintenance and upkeep thereof and an entrance or entrances are desired from such highway to lots, streets, roadway or alleys in such proposed subdivision, the Illinois Department of Transportation or the Cook County Highway Department, whichever is applicable, shall sign the plat. f. Any additional information including, but not limited to, Marketing Materials and an Economic Impact Analysis, as requested by the Village, either as part of the submittal or as a condition of approval. (2) Fees. At the time of filing the application for approval of the final plat, the following fees shall be paid to the village clerk; a. Final plat, according to the fee schedule supplement to the municipal code. b. Plan review fee, based 1.5% of the total project improvement costs (which shall consist of, but not exclusively of curb and gutters, sidewalks, pavements, sanitary sewer system, storm sewer system, water distribution system, stormwater detention facilities, parkway trees, landscaping, street lights, plus soil erosion control measures) as estimated by the design engineer and approved by the village engineer. (Ord. No. 0-164-97, §1, 10-13-97; Ord. O-34- 17, 4/3//17) (b) Distribution of final plat. The Village of Palatine shall submit copies to the plan commission and if the proposed subdivision includes a dedication of land, one copy of the preliminary plat to each of the following: (1) The appropriate park district in which the area to be platted lies; (2) Community Consolidated School District No. 15; (3) High School District No. 211; and shall further notify such districts of the first meeting at which the plan commission will consider the said final plats. The plan commission shall permit representatives of said districts to present their views on the proposed plans. (c) Notification. The Village shall send notice, by standard mail, of the first meeting at which the plan commission will consider the said final plats to all taxpayers of record owners of record of each lot and parcel of property located within two hundred fifty (250) feet of the land proposed to be subdivided, or any portion thereof, . provided that the number of feet occupied by all public streets, roads, alleys, and any other public ways shall not be included in the calculation of the 250 foot requirement, at least 15 days prior to the public hearing. The taxpayers of record shall be the name(s) of the taxpayer(s) as indicated on the most recent real estate tax records available from the Cook County Assessor’s Office. Said notice shall contain a description of the land proposed to be subdivided and a general description of the proposed subdivision. (Ord.No. 0-72A-98, §16 and 17, 5/26/98) 1) The Village of Palatine shall cause a legal notice of the time, place and nature & Formatted: Indent: Left: 0", Hanging: 1.5" purpose of the public hearing, to be published in a newspaper of general circulation within the Village of Palatine for the appropriate hearing. 2) The petitioner shall post a sign(s) on the subject property, indicating the pending Formatted: Indent: Left: 0", Hanging: 1.5" Packet Pg. 37 3.1.e Attachment: SUB ORD Amendment Notification (Text Amendments - Zoning approval processes and notificiation) public hearing, at least 15 days prior to the public hearing. Said sign(s) shall be posted on each lot frontage, clearly legible to the public view. 3) The Village of Palatine shall prepare the sign for the petitioner. Said sign shall be no less than 12 square feet in size and shall significantly conform to figure 1. PUBLIC NOTICE PENDING ZONING HEARING FOR MORE INFORMATION CONTACT 847-359-9047 WWW.PALATINE.IL.US FIGURE 1 (Ord. 0-87-09, §3, 7/13/09) 4) The petitioner shall obtain the sign(s) timely so as to comply with Section 14.11 (b)2. Prior to the Village of Palatine issuing the sign(s), the Petitioner shall post a $125 refundable deposit for each sign. The refundable deposit shall be refunded to the petitioner upon the return of the sign(s) in acceptable condition. (Ord. #0-13-07, §8, 2/20/07; Ord. O-135-17, 12/11/17) 5) The petitioner shall police the public notification sign(s). Sign(s) removed or destroyed for whatever reason, including but not limited to theft, vandalism or inclement weather conditions during the required posting, must be replaced by the petitioner within 48 hours. Packet Pg. 38 6789 99978  878 8  897 ÏÐÑÐÒ 3.1.f   78 9788 88   87   !  898  " #7 99 9 Attachment: Discussion - Notice and Zoning Review Processes - Village Council agenda item - 05-16-22 (Text Amendments - Zoning approval $%&'()*+,-./ 01233456718792::;4<=>8=?@41A=4B8::2C=D@4E6787C4F6G=4164=7@9<=48143258:8121=@42742HH<6H<821=4<=>8=?4 H<65=@@I4J=36<=4H9<@987C436<K2:42K=7GK=71@41641A=4E6787C4F6G=L4012334?69:G4:8M=41646N12874 @6K=43==GN25M43<6K41A=4F69758:46741?64H<65=G9<2:48@@9=@I444 4 'OP/QRR+OR./ / SA=436::6?87C4@9KK2<8T=@41A=48@@9=@436<4?A85A40123348@4@==M87C43==GN25M43<6K41A=4F69758:U4 4 VW44XYZ[\]4^_`Za\b4c@4691:87=G48741A=421125A=GL436<427;4<=d9=@141A214<=d98<=@4?<811=7476185=L4 :=11=<@42<=4efghihjihkfihlminlofpijqipfrjpsituhkugivwxyzleipf{|upfsi}oi~hlhfiehlh|hfilgsi nfpi€ul‚fiƒjsfijgo„ihkfijrr|nlgheituhkugivwxy41A=4<=d98<=G4?<811=7476185=4164 6559H271@4?2@42GG=G4874†‡‡ˆWI/SA=4<=d98<=G4K28:87C4164N61A412‰H2;=<4634<=56<G427G4 6559H271@48@424@8C783852714G<2874674<=@69<5=@427G4<=@9:1@4874@8C783852714<=G97G275;I4c@4 691:87=G48741A=421125A=G4@H<=2G@A==1L4874†‡†V41A=4B8::2C=4@=71469147=2<:;4V‡L‡‡‡4?<811=74 76185=@41646559H271@4?81A874†Š‡D46341A=409N‹=514Œ<6H=<1;I4SA8@4?<811=7476185=4?2@4874 2GG8186741641A=4?<811=7476185=4@=7141641A=412‰H2;=<4634<=56<G4?81A874†Š‡DI4012334 <=56KK=7G@41A=476185=4<=d98<=K=7141646559H271@4?81A874†Š‡D483476185=48@4@=7141641A=4 12‰H2;=<4634<=56<GW4N=4=:8K8721=G43<6K41A=4F6G=I4SA=4H:25=K=714634A=2<87C4@8C7@48@4 871=7G=G4164H<6>8G=476185=41647=2<N;4<=@8G=71@6559H271@L4?A8:=41A=4?<811=7476185=4164 12‰4H2;=<4634<=56<G48@4871=7G=G416476183;41A6@=41A214K2;47614N=4H<=@=7148741A=42<=2467424 <=C9:2<4N2@8@I4SA=45A27C=4874†‡‡ˆ4?2@4874<=@H67@=416467=4@H=583854H<6‹=51427G41A=4 59<<=714B8::2C=42GK878@1<218674A2@412M=74@8C783852714@1=H@46>=<41A=4H2@14VŽ4;=2<@4164 8KH<6>=41A=476185=4?81A4@8C72C=427G4?A2148@45671287=G46741A=4B8::2C=4?=N@81=4<=:21=G4164 H<6H6@2:@I4 4 †W4\Z\‘4’“_a\””b4c@4691:87=GL41A=4K876<4>2<821867L4K876<4@H=582:49@=L42GK878@1<218>=4 >2<821867L427G42GK878@1<218>=4@H=582:49@=4H<65=@@=@4875:9G=4<27C87C476185=4<=d98<=K=71@4 27G4@1=HH=G42HH<6>2:4291A6<81;4N=1?==7401233427G41A=4F69758:I4•6<41A6@=4<=d9=@1@41A214 <=d98<=4@8C7–—˜˜™˜š—›™œžœŸ¡¢™¡£¤¥¦—š§™œ¡™¡—™—¦žŸ¢£—¡§™˜š—›™¨š—¨š¢£§™©£¢¥£¡™ª«¬­®™ 1A=<=42<=4@18::4@6K=452@=@41A214<=d98<=4<=>8=?4N;41A=4F69758:I47̄461A=<452@=@L40123345274 <=>8=?41A=K427G4=81A=<42HH<6>=41A=K46<436<?2<G41A=K41641A=4F69758:I4012334?69:G4:8M=4 1642K=7G41A=4F6G=427G4=:8K8721=41A6@=487@1275=@4?A=<=41A=@=41;H=@4634<=d9=@1@4 569:GK9@14C641641A=4F69758:I4SA9@L41A=467:;4?2;41A87C@4569:G4C=142HH<6>=G42141A=4@12334 :=>=:48@483U4VW4012334A2@47645675=<76N‹=51867@°427G4†W41A=<=48@47646HH6@8186743<6K4 7=8CAN6<@I4̄341A=<=42<=48@@9=@41A=4F69758:4@18::4?271@4164<=>8=?41A=741A=;4@A69:G4‹9@14C64 1A<69CA41A=436<K2:4>2<821867@H=582:49@=4H<65=@@I4 4 012334?8::4<=>8=?41A=@=48@@9=@4874C<=21=<4G=128:4G9<87C4±67G2;D@4K==187CI4 ²²6³´µ ²¶· ¸ ¹º»¼½4¾4¿À¼Á4Â4ûÄÅÁ42ÆÇÈ44»É2Á½ÈÊËÊÊÌ4ÁÊÍÆº½Î 12345 ÓÔÕÖרÙPg. Packet ÓÚÐÙÛ39ÜÝ 6 57589 3 23   6 22 4244 12345 Packet 3.1.f   !"#$%&Pg. '&(40)* Attachment: Discussion - Notice and Zoning Review Processes - Village Council agenda item - 05-16-22 (Text Amendments - Zoning approval 563.1.f 76869 D>>9;EF=G>H?IJ>K;=?L= -MNKO=F=G>?PQO=9RSE==>?T9O;E?UCUU?V=O?-U6RJ; W??XYJGK G@?ZJR= ?[=W>?DF=- GRF= G> 535393 %225,53 .25   3535013 353592 3535013 3922565  3  5 3 $9    01235673893 3 223 25 3125 31  66 '(% ) )  353 3935!"# 3935!"# 36335!"# %&335231 $55 * $523+3 * * %,35 * * * * * %,323+3 * * * * 5733 * * * * * * Attachment: Discussion Notice and Zoning Review Processes Village Council agenda item 05-16-22 23+3733 * * * * * * 5)53 * * * * * * 23+3)53 * * * * * * 31+- * * * * * * 31./+- * * * * * * 7305 * * * * * * /+- *1 * * * * * 2)523315 *123505389353&995233256 663534525356 27336335229 54/+- 435338933 333 53893)3,3 2)52331353 6 5 43' 5  )53 2738933,3 :9;<=>?Pg. Packet:@6?A41BC z{3.1.f |{}{~ 0112344 2356379  40214 403  !" #$#"$!%%$#& '( )((*+( Attachment: Discussion - Notice and Zoning Review Processes - Village Council agenda item - 05-16-22 (Text Amendments - Zoning approval ,,-.&#/ 0%$#&123 %$#& ,4( )'4*,( (,-56#!// 0%$#&123 %$#& ,78 )+*(8 7+79:#&#"$! 0%$#&123 %$#&  ),4*8 7(+9;<!/ 0%$#&123 %$#& ,7, )*-' +495 "=>2"?>@ 0%$#&123 %$#& ,8( )'*( ((5$"="1!$",,- 0%$#&123 %$#& 7-( ),'4*4( ((5$"="1!$",( 0%$#&123%$#& 7-( ),'4*4( ((56#!/6/ 0%$#&12A!/!"3 %$#& ' )(,*' ,4..$&2! 0%$#&12A!/!"3%$#& (8 ),*8 ,,(.5 "=>2"?>@ 0%$#&12#!/#$#"$!%%$#& ,(' )7*+' ‰„„€Š‹ƒŒ„ŽŽ}‘Œ’Œ†“€’”’Œ†•‘–Œ„— ˜‘Œ’Œ†•‘™ƒšƒ›„‰‹ƒŒ™‹ƒŒ„|’—–——’‘Œœ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`a\b][cde fgghijj hiklimnonhpqrspturvw 40214 403 ,AA&! #$#"$!2$/!"$#& (4 ),*77 ,+,+5A2=&#!/ #$#"$!2$/!"$#& '' )(+*-' ,(785=> /x! 0%$#&122$/!"$#& , ),8*+' 8(7y#&&#/ 0%$#&122$/!"$#& +7 ),(*(7 +8S!"!" 0%$#&12#!/#$#"$!2$/!"$#& ', )(,*4' ,,85;AE 0%$#&12A!/G2$/!"$#& + ),(*' ,,,9:#&#"$! A/$!E#$#"$!2$/!"$#& ('7 )4*7 +7.:2">$%F A/$!E#$#"$!2$/!"$#& +( ),,*( ,5y#0& A/$!20%$#&<22$/!"$#& 8' )+*4' +('53&#F A/$!0%$#&122$/!"$#& 4 )(,*(7 (("<#"x#! A/$!0%$#&122$/!"$#& ' )(*,' ,(85y#0&" A/$!0%$#&122$/!"$#& ,78 )+*(8 +-5.2"$!$2" y$!0%$#&122$/!"$#& 78 ),-*(8 -(8.#! #$#"$!62$/!"$#& 74 ),-*'7 +9&#/ 0%$#&12#!/#$#"$!62$/!"$#& ,8' )''*4' 8(8.?$&&2$/ :&$$!#@#!/Q$!#&<BMR!$!KM20%$#&12 ( ),8*-( €‚ƒ„Pg. Packet †{‡42ˆ} BC3.1.f DCECF Attachment: Discussion - Notice and Zoning Review Processes - Village Council agenda item - 05-16-22 (Text Amendments - Zoning approval RLLHISTKULVMQWQEMXYUZUNM[HZ\ZUNM]Y^UL_MM̀XYUZUNM]YaKMbKcLMRTKUaTKULMDZ_I^__ZYUd 00134566789  6 58573883568957   1   6 58573883568957 1  !"58 6 58573883568957   #7" $%86 8573883568957   &8' 6( 8573883568957 1  )*86+6 6 58573883568957  1 11, "9-,7". 6 58573883568957   0,.988/ 8573860595 83568957   0*1'- 8573883568957   1/ 9&- 6 5%595 83568957   11&( 0595 83568957 1  )* 135689 0595 83568957  0 &".899 6 58573883568957 0 0)28786 0595 83568957 1  0)539 / 6 5%595 83568957   0,7-68,9 8573883568957   1)/ 389% 0595 83568957  1 ) .893 9 6 5%595 83568957   ,75+5% 6 58573883568957   0)839 5398 6 58573883568957   478 6 5%595 83568957  0 ))577'9 0595 83568957  0 7 8573883568957 0  10) 69 8573883568957 0  34567 89:;8 <=>>?@A GHIJKLMPg. Packet GNCMO43PQ 233.1.f 43536 Attachment: Discussion - Notice and Zoning Review Processes - Village Council agenda item - 05-16-22 @;;86AB:C;D<E8FG8;GHC<I<JK:6G8L<MN:<OPK:N<<QRHCGC=<SHT:<O:U;<@B:CTB:C;<4GN6VNNGHCW 12345674 4 3358,395 12345674894674 4 4 95 95 9994 9994 995 34984 995 34984 66  74384556594   54 49444   4!3458!5"4#5 459 35 4#     4 54$9934984    7494985 544%&'(584 56$)*    248946484 5 749498+494,# 95 %&-(84 569)4#*    39938# 989995 4 94 494/ 749498.94/2/9 04#%&-(5690$*    7494984# %882*#2&-(584   749498149  4 94 34984   743844 5655659  4 %4# 9409495942*   7869:;<Pg. Packet7=3<>44?> 3.1.g Packet Pg. 45 Attachment: Public Notice (Text Amendments - Zoning approval processes and notificiation)