ILAPA News BLAST!  January-Feburary Edition   Number 83
ILAPA Forum Questions

Question #1
What is your commission or board policy on submitting a revised staff report to members? Is there a certain amount of time that is required for members to have the revised staff report or information before they will vote on the subject?

Suzy Stickle 
City of Decatur, IL

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Question #2
The Village of Burr Ridge is developing a new downtown and we are looking at our options for downtown zoning. We would consider maintaining existing zoning with an overlay district that adds regulations unique to the downtown area. We would also be interested in hearing of any alternatives for downtown zoning. We are particularly interested in small to mid-size downtowns. Thank you for your assistance.

Doug Pollock, AICP
Village of Burr Ridge

Go to question #2 replies

Question #3
This question is related to making the electronic version of the zoning map official by the City Council.

Does your city only publish the official zoning map as approved by their City Council or does the zoning map get updated whenever there is a change. My question pertains to cities who publish their dynamic maps online. If the zoning map gets updated on a regular basis, is this electronic map still considered the city’s official zoning map? If yes, what kind of ordinance changes have you made for this consideration?

Vasudha Pinnamaraju
City of Decatur

Go to question #3 replies


What is your commission or board policy on submitting a revised staff report to members? Is there a certain amount of time that is required for members to have the revised staff report or information before they will vote on the subject?

Suzy Stickle
City of Decatur, IL

No we do not send a revised staff report to members, but make changes for the final file copy.
Paul Mann, City of Collinsville

Most of my clients require a minimum of 2 days before the weekend preceding the meeting. Submitting reports more than one week before the meeting is usually not necessary as most don’t read it until a few days before the meeting, if at all.
Konstantine Savoy, AICP, Teska Associates, Inc.

Typically, the Village Board will table or continue an item and ask the Staff for additional information. This item is typically placed on the next agenda with the additional information added to the original Staff Report, usually under the heading of "Most Recent Information" along with any revised site plans, engineering, legal opinions etc. The previous information is left in the Staff Report for reference. The Village Board can then read the new information and see all of the previous information.
Jim Plonczynski, Village of Bartlett

Generally in our case, the Zoning & Planning Commission reports are typically submitted to them the Friday before (on Mondays rarely too) the Thursday night meeting. Commissioners appropriately wish to have time to review the case, visit sites, consider application and read Staff report.

Again, this is a general scenario for all reports, whether for a new case or an existing one. The inquiry did not state what reasons there would be for a revision. Due to revised plans being submitted? Significant plan adjustments? Incorrect info. in Staff report? Just a small typographic error? Different situations may cause different responses, but generally the Commission will NOT review new plans, nor review a substantive Staff report submitted at the dais at the start of the meeting! As such, Staff info. is provided via the delivered packets, and Staff guides applicants to submit revised info. accordingly as well. While this impacts the timetable of an application, it allows for the appropriate review needed for projects.
John D. Said, AICP, City of Elmhurst

We have no formal policy in the Town of Normal; however, our commissioners feel free to carry things over if they don’t feel as if they’ve had adequate time to review the materials.
Mercy Davison, City of Normal

Our Board requires it at least the day before.
Stacy Alberts Sigman, Village of Northfield

The amount of time would depend on the reason for the revised staff report. If the petitioner revised their plans, then the members should have the same amount of time to review the revised staff report as they would have to review the original staff report. Has staff revised their recommended action on the application or has staff modified the conditions suggested for approval of the petitioner's request? In that case the members would need less time to review the staff report as they are already familiar with the petitioner's request. While the petitioner is anxious to avoid unnecessary delays in the development review process, it's important to remember that all (or most) of the members of the board or commission are lay persons. They are not as experienced at dealing with these issues as we are. Also they are volunteers and often have full-time jobs and/or family responsibilities that occupy their time.
Laurie Marston, Chaddick Institute at DePaul University

In Romeoville, our policy is 4 days before the meeting.
Natalie J.Engel, City of Romeoville

Applicants may not submit new information later than 10 days before the meeting, but we handle the staff report differently. Our code does not have a policy regarding how long members must have the staff report in order to vote on the subject. As a courtesy we discuss any revisions to the staff report during the meeting. Whether or not the Commission votes depends on their comfort with the revisions, and if the changes are substantive enough for the public to need additional review time.
Meena Beyers, Village of Brookfield

I'm not aware that we have a specific policy but as a rule we would not put the item on the agenda if we were not able to get a report to them in advance. For Champaign this is typically the Friday before the meeting. If we have significant changes to a staff report after it goes out (such as the recommendation or other information that impacts the case) we would probably pull the item until the next meeting.
Rob Kowalski, AICP, City of Champaign

Our staff reports go out on Thursday, and the meetings are the following Tuesday. If there is a modification required we will make the change and re-issue the report prior to the meeting, we also call each member on the commission and email ahead of time to let them know of the change. There is no time required.
Afshan Hamid, Village of Arlington Heights

There tends not to be a policy. We've provided revised staff reports at the meeting. Our commission will vote on it as they receive it.
Ed Boik, City of Peoria

We provide packets 7 days in advance.
David A. Hulseberg, Village of Lombard

We deliver staff reports the preceding Friday before our Wednesday Commission meetings. Members have the weekend and a couple of days to look at the revised staff report and other information. Staff usually sets at least a two week deadline for the developer to submit new info to staff, so we have adequate time to review and comment and produce a revised staff report.
Michelle V. Rentzsch, AICP, City of Crystal Lake

If there was a significant deviation from the original staff report, the case would be continued. If there was a typo, or something that wasn’t a ‘deal breaker’ i.e. recommendation is still the same, findings still the same, etc. then staff would send a revised staff report immediately if the error could not be addressed as part of the presentation. Our process for commercial and large scale residential projects is as follows:

- Applicant submits 6 weeks before the Planning & Zoning Meeting (public Hearing)
- there’s a 2-week internal staff review period
- Comments are sent to the applicant
- Revisions are returned to staff ASAP (usually within a week)
- Staff drafts a memo – bosses review it
- Memo is mailed one week before the meeting
- Memo and exhibits are presented and discussed at the meeting

If the applicant wants to revise the proposal (based on meeting feedback/comments), the request will be continued to the next meeting and revisions must be submitted ASAP. I list our steps to show that there isn’t a lot of time to revise the staff report.
Judy Connolly, Village of Mount Prospect

The time allowance is usually agreed upon by the staff and commission or board. Usually it is the next scheduled meeting.
Regan Stockstell, Richton Park

All staff reports (revised or not) are distributed one week prior to a meeting.
Sharon Caddigan, Village of Streamwood

The Village of Burr Ridge has no set policy although all of our staff reports are typically sent out on the Thursday before a Monday meeting. If a late staff report is provided at the Monday meeting, it is at the discretion of the Plan Commission to determine if additional time is needed to review the revised staff report.
Doug Pollock, AICP, Village of Burr Ridge

No formal Policy for the PZC to receive revised staff reports, however he usually inform the Chairman that something has changed (so no surprises). We will copy the revised information and pass out prior to the meeting is possible with an explanation of revisions during the verbal staff report. If the agenda item is more informal, the information is passed out when the item is called and discussed. A revised report is unable to be sent out prior to the meeting as the Agenda packets are sent through the postal system in order to arrive in time for preparation for the meeting. Advanced sending would require email correspondence and not all members are efficient and timely at reading email from staff.
Karen A. James, Village of Shorewood


The Village of Burr Ridge is developing a new downtown and we are looking at our options for downtown zoning. We would consider maintaining existing zoning with an overlay district that adds regulations unique to the downtown area. We would also be interested in hearing of any alternatives for downtown zoning. We are particularly interested in small to mid-size downtowns. Thank you for your assistance.

Doug Pollock, AICP
Village of Burr Ridge

Our new zoning ordinance has two mixed use districts for downtown -- one for the core, the other for the surrounding area that blends into residential neighborhoods. We also created a "downtown overlay" within those districts that restricts first floor uses to certain retail and service uses, to encourage a pedestrian shopping environment within a defined area. In general, the underlying districts allow for a variety of uses, but are different in terms of the intensity of development allowed. The overlay district is more restrictive as to use, within a limited area.

The ordinance is available online as a large pdf file, with the map, at
http://www.stcharlesil.org/departments/cdd/pdfs/ZoningOrdinance.pdf

Bob Hupp, City of St. Charles

In Lansing we have both a central business district designation that is a regular map designation of a b-4 but we also have a larger are that is governed by an overlay district that includes additional land in adjacent areas that would be considered for downtown related development if the use does not conflict with adjacent uses.
Grace Bazylewski, Village of Lansing

The Village of Bartlett zoned its mixed use Town Center project PD – Planned Development but in companion to the zoning ordinance had a very detailed Development Agreement that spelled out numerous provisions that related to purchasing price of the site, building design and architecture, density, parking, public improvements etc.
Jim Plonczynski, Village of Bartlett

Above all, I believe the zoning and planning issues must meet the goals of the community while encouraging a pro-business/pro-investment environment. Here in Tinley Park, we have a Historic District overlay with stricter standards and prohibited uses that still encourage business growth and capital investment. All of our zoning information, including Historic District overlay zoning, is on our award-winning website – www.TinleyPark.org May I also suggest the tremendous help and offerings of MainStreet National Trust – www.mainstreet.org.

I would spend a great deal of time and energy to determine how Downtown Burr Ridge can be unique in the area. S.B. Friedman & Company has pointed out many times that successful suburban downtowns need the 3Rs - Residential, Restaurants and Recreation. (The 4th R - Rail certainly helps with suburban downtowns in Chicago…but is not a necessary requirement.)
Ivan Baker, Tinley Park Economic Development

For your neighbor, Willow Springs, we created a “Village Center Planned Development District” versus standard zoning or overlay as we felt it very important to maintain control on all development in the new Village Center through the Village review process. The PD District works similar to a standard PUD, but is not optional in that every project/use must be approved by the Village in accordance with the land use and design guidelines that are tied to the Master Plan. We have used this technique for downtown South Elgin, and applied it originally to the Deer Park Town Center retail project and adjacent developments. Winfield also has a similar process/district for its town center.
Konstantine T. Savoy, Teska Associates, Inc.

You might consider the use of form-based zoning in order to retain any historic buildings and/or uses. Also, consider higher residential densities in your downtown to encourage new retail and transit-oriented (re)development/retain existing merchants. Our current zoning ordinance allows multiple-family residential as a permitted use in Des Plaines' downtown district.
Tim Angell, AICP, City of Des Plaines

Please see Article 5.09 for DeKalb's Central Business District regulations. Also, notice the parking exemption for the downtown area in Article 12.
Russell Farnum, City of DeKalb

The City of Moline recently adopted a new zoning code and zoning map. Our B-2 Central Business District was designed specifically for Moline's downtown. It's purpose, intent, and defining characteristics are pasted below. If this catches your eye and you would like more information such as bulk standards, land use regulations, or site development/improvement standards, you can visit our website or contact me directly.

Also, we're working on a set of preliminary building design guidelines for downtown Moline (called "Moline Centre"). These guidelines will likely be voluntary for downtown improvements (at least initially), but mandatory for projects that receive city incentives (such as TIF). If you'd like a copy, let me know and I can either send you the rough draft language or wait until the final document is released.
Shawn M. Christ, AICP, City of Moline

You might consider the use of form-based zoning in order to retain any historic buildings and/or uses. Also, consider higher residential densities in your downtown to encourage new retail and transit-oriented (re)development/retain existing merchants. Our current zoning ordinance allows multiple-family residential as a permitted use in Des Plaines' downtown district.
Tim Angell, AICP, City of Des Plaines

We've got both design guidelines and an overlay district ordinance in place -- also special zoning for Downtown Core and Downtown Fringe Zoning districts. You can check the latter online: www.aurora-il.org. Look for the zoning ordinance and then go to these two sections.  You also might want to check out our website: www.auroradowntown.org
Karen F. Christensen, City of Aurora

The Village of Libertyville has a small to mid-size downtown and we have been successful is simply listing out requirements with a separate zoning distinct, the C-1 Downtown Core Commercial District. Examples include build to the front setback line along Milwaukee Avenue, no additional financial institutions and offices in storefronts along Milwaukee, etc.
John P. Spoden, AICP, Village of Libertyville

We have worked with a good number of our municipal clients in the past two years on downtown zoning changes to create a more downtown pedestrian scaled environment. The strategies have ranged from two tiered zoning systems, to overlay zoning, to dabbling in form based codes. In my opinion, maintaining your existing zoning and adding overlay zoning is among the more expedient strategies and lessens property owners anxiety over comprehensive base district rezoning. When we have prepared overlay zoning, we have tied the process to existing planned development regulations and lowered the minimum lot size requirements and added unique bulk requirements to promote mixed use development. I would also encourage you to not dismiss out of hand--dare I say--first floor service businesses. I completely appreciate the political and economic component to that statement, but too often those uses are sacrificed in a manner akin to cutting off one's nose to spite one's face.
David S. Silverman, AICP, Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

I drafted zoning district regulations for two communities in Arizona--Gilbert and Glendale. The emphasis is on pedestrian activity and mixed uses. Both are available on the respective websites. Glendale is www.glendale.az.us; Gilbert is www.gilbert.az.us. There is probably something in there that would be useful.
Jerry Swanson, City of Batavia

Have you considered Transportation Options for your Downtown redevelopment?
Thomas J. Radak, AICP, Senior Project Manager, Pace Suburban Bus

It seems premature to think of the regulations until you have the plan but here are a couple of suggestions. Are you home rule? It makes some difference in what you can do.

Check w/Bruce Knight for Champaign downtown redevelopment and the way they do zoning. I think a lot is accomplished with development agreements and City participation with some costs in a TIF district.

if your village has a development design ordinance it can help maintain a sense of existing character.
Clyde Forrest, AICP, University of Illinois Urbana-Champaign

In Roselle, we have a Town Center Zoning District which is labeled B-3, within which we have a TIF District. The "true" town center is a smaller geographic area within both the B-3 and the TIF, and constitutes what some call the "Town Center", "Downtown Roselle", or "Main Street". Aside from the semantics and zoning labels, we approach all our "Town Center" redevelopment projects under our PUD regulations, often waiving the minimum acreage requirements and landscape requirements under a PUD, while emphasizing the economic development goals of a PUD.
Matthew Fitzgibbon, AICP, Village of Roselle

While we have a small to mid-size downtown, we do not have an overlay district. However, our downtown zoning districts (C5A=CBD Core and C5B=CBD Periphery), do have some unique regulations including:

* All new construction and additions to existing buildings must be reviewed as a PUD
* Specific addresses are limited to a different maximum height (C5A only)
* Accessory off-street parking is not required (C5A only)
* An additional 5 feet of height is permitted if 75% of at-grade floor area is used for parking (C5B only)
* The portion of the structure over 45 feet in height must be stepped back from the front of the building by 15 feet (C5B only)

You can find our zoning code on-line at www.glenellyn.org
Staci Hulseberg, AICP, Village of Glen Ellyn

The Village of Algonquin (population 30,000) has a moderate-size downtown and approximately ten years ago, a separate “Old-Town District” zoning classification was established that applies to the redevelopment or planned development of property in the village’s designated historic downtown area. For example, when a proposal is submitted for a new development in the downtown district, part of the review/approval process involves the property being re-zoned to “O-T District” and developed consistent with the district’s guidelines and regulations.

The details of the Old Town District are outlined in Section 21.6 of the Algonquin Zoning Code, which can be accessed online by clicking on the Municipal Code link at www.algonquin.org.
Ben Mason, Village of Algonquin


This question is related to making the electronic version of the zoning map official by the City Council.

Does your city only publish the official zoning map as approved by their City Council or does the zoning map get updated whenever there is a change. My question pertains to cities who publish their dynamic maps online. If the zoning map gets updated on a regular basis, is this electronic map still considered the city’s official zoning map? If yes, what kind of ordinance changes have you made for this consideration?

Vasudha Pinnamaraju
City of Decatur

Montgomery updates its zoning map once a year by ordinance. Any changes made (rezonings, annexations, special uses) during the year are updated once a year and then published online.
Michael Brown, Village of Montgomery

The only requirement is that your official zoning map be published no later than March 31 annually. In so far as you regularly update an electronic version, it is official because you presumably adopted a valid and binding map amendment ordinance. Your city attorney may have another thought, but with the adoption of your new official zoning map, you may want to place a notation that any map amendments between the effective date of the map and the next year (no later than March 31) will be reflected on the website map and provide the web address. If you adopt your map by resolution, you may want to have a section that says the same thing.
David S. Silverman, AICP, Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

The Village of Bartlett does an official Zoning Map update once a year and that map was put online for the first time just last summer. The on-line version carries the same title as the print map that was approved by ordinance “Village of Bartlett, Illinois Official Zoning Map, 2006.” The Village did not adjust the language in the Ordinance to reference the on-line map since they are one in the same.
Jim Plonczynski, Village of Bartlett

The Village of Mount Prospect updates it map every year and the Village Board takes official action (approves it) each March. The map is available on the Village website, but I think it is only posted one time, i.e. I don’t think it is updated as properties are rezoned.
Judy Connolly, Village of Mount Prospect

The City of Urbana keeps one version of the official zoning map published each Spring that is available online and in hard copy form. Zoning map amendments are published in ordinance form throughout the year. We do keep the map updated through the year, but only for internal mapping use and not for distribution.
Elizabeth Tyler, City of Urbana

Our official zoning map is updated every time a map amendment is approved by our Village Board. Our goal as staff is to update any associated on-line references concurrent with the Ordinance approving the map itself.
William J. Heniff, AICP, Village of Lombard

The Champaign City Council adopts a new Zoning Map by ordinance every March. However, the map is constantly amended throughout the year as rezonings are approved, also by the City Council with an ordinance. Rezonings are official once the Council acts on it, not when the official Zoning Map is adopted in March. We will typically start updating the hard copy and electronic version of the map in February and have it adopted in March. Then we reprint it and repost it on the website.
Rob Kowalski, AICP, City of Champaign

Most cities I work in will "publish" the zoning map only once each year. Publishing the map is a different act than adopting it or amending it. These same cities usually have a provision in their ordinances that states that upon any map amendment ordinance being approved, the map shall be deemed amended. Usually a disclaimer should attend any online materials and warn the individual to seek the ordnances since the map was "published." So, I am used to seeing official zoning maps consisting of both the published map and all subsequently adopted ordinances. Some cities have ordinances that require the alteration to the map immediately upon the effectiveness of a map amendment. This is not really needed, but you should consult the attorney on it and read the ordinances together to make sure you both agree.
Mark Daniel

The Village of Mount Prospect only publishes the official map as updated annually.
Ellen Divita, Village of Mount Prospect

We do periodically update our zoning map throughout the year. We distribute the updated map when we have requests for zoning maps. However, the "Official" map remains the one adopted by the Village Board. If someone requests an "Official" zoning map, we provide them with the most recent map adopted by the Village Board.
Staci Hulseberg, Village of Glen Ellyn

Mount Prospect updates our map annually in March and changes the on-line map at that time.
Bill Cooney, Village of Mount Prospect

The City of Elgin publishes an official zoning map which is approved by city council in March of each year. We do however, update the zoning map quite often during the year and display it online at our website. I am told by our legal dept. that the official zoning map of the city is the one adopted by council and others are considered updates but not the official map.
Steven Damolaris GISP, City of Elgin

Every March, the Village of Gurnee adopts an "official zoning map". It reflects all the changes that may have occurred over the past year. This is the version that we post online. Our map is formatted as a PDF file which can be viewed online or downloaded. The official map that is adopted by the board is the only version that is distributed, despite the fact there may be updates or changes through the year. It is not until the updates/changes to the map are adopted by the Village Board that it is distributed. Therefore, we indicate on our zoning map that the map is a graphic representation of the zoning for property and that while every attempt is made to keep it accurate and up to date, it should be used for reference only and that the official and most up to date information should be obtain from the Village.

You can see our zoning maps online at http://www.gurnee.il.us/community_dev/engineering/maps_online.html
Michael Lange, Village of Gurnee

To avoid legal problems, make sure your official zoning map has exactly the same title that your zoning ordinance specifies as the title of the official zoning map. This is especially the case if your City Council doesn't approve an official zoning map but relies on staff to update the official map on an ongoing basis.

Also, it's not uncommon for larger cities to have several paper versions (two master copies), one of the entire city which is comprehensive but difficult to interpret for small areas, and an atlas for office use which is more parcel specific. If this is the case and your official zoning map is called in as evidence in a lawsuit, and your Council relies on staff to keep the official map updated, which one is the official version? (Hopefully they don't differ!) The Zoning Administrator should have a clear policy if this is the case. When City Councils adopt the official map, or when GIS-based zoning maps (one master copy) are used, this shouldn't be an issue.
Robert A. Myers, AICP, City of Urbana

I got several responses for my question. I would like to thank one and all for their valuable suggestions. We will be working on our map amendment ordinance to update our Zoning Map on regular basis.
Thanks much, Vasu


 

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