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G-891 - 07/14/2009 - BOARD - Ordinances Supporting DocumentsAGENDA ITEM Regular Board of Trustees Meeting of July 14, 2009 i IT13M 6,F.2) SUBJECT: Creation of a Planned Development Commission — Village of Oak Brook — Amendment to the Village Code for the establishment of the commission relative to the requirements of the adopted Planned Development Regulations FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE /BUDGET IMPACT: N/A RECOMMENDED MOTIONS: I move to approve Ordinance G -891 which approves an amendment to the Village Code to create a Planned Development Commission. Background /History: At the June 23, 2009 meeting, the Village Attorney was directed to prepare the ordinance granting approval of an amendment to 'the Village Code relative to the creation of a Planned Development Commission as required by the Planned Development Regulations. Attorney Friedman had prepared the draft ordinance that had been approved by the Village Board, and as such, the Village Attorney requested the draft be used as prepared. Recommendation: Approve Ordinance G -891. L14M Last saved by DEFAULT J \1 -FROM BOB \Bot - PC - ZBA\BOT -FINAL Action - PLANNED DEVELOP Commission -G -891 doc ORDINANCE 2009- BD -PD -G -891 AN ORDINANCE AMENDING TITLE 2 (BOARDS AND COMMISSIONS) OF THE VILLAGE CODE ESTABLISHING A PLANNED DEVELOPMENT COMMISSION FOR THE VILLAGE OF OAK BROOK WHEREAS, upon the review and recommendation of the Oak Brook Commercial Revitalization Task Force, the Village Board is considering certain amendments to the Oak Brook Zoning Regulations to allow for the creation and regulation of Planned Developments within the Village ( "Proposed PD Zoning Amendments "), and WHEREAS, a public hearing to consider the Proposed PD Amendments was conducted by the Zoning Board of Appeals pursuant to public notice as required by the Village Code and the Illinois Municipal Code, and WHEREAS, the Proposed PD Zoning Amendments provide, among other things, for a new Village commission ( "Planned Development Commission ") to review and make recommendations to the Village Board regarding all future planned developments proposed under the Proposed PD Zoning Amendments, and WHEREAS, on July 14, 2009, the Village Board adopted the Proposed PD Amendments, pursuant to Ordinance No 2009- BD -PD -G -890, and WHEREAS, in conjunction with the adoption of the Proposed PD Zoning Amendments, the Village President and Board of Trustees have determined that it is in the best interests of the Village and its residents to amend the Village Code as provided in this Ordinance to provide for the establishment, membership, and other required matters relating to a new Planned Development Commission, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows Section 1 The foregoing recitals are incorporated into, and made a part of, this Ordinance as the findings of the Village President and Board of Trustees Section 2 Title 2, titled "Boards and Commissions," of the Village Code of the Village of Oak Brook, is hereby amended to add a new Chapter 9, titled "Planned Development Commission," which new Chapter 9 shall read as follows Ordinance 2009- BD -PD -G -891 Planned Development Commission Page 2of5 CHAPTER 9 PLANNED DEVELOPMENT COMMISSION 2 -9 -1 Creation of Commission 2 -9 -2 Jurisdiction and Purpose 2 -9 -3 Composition of Commission 2 -9 -4 Meetings and Procedures 2 -9 -1 CREATION OF COMMISSION: There is hereby created a commission to be known as the Planned Development Commission of the Village of Oak Brook ( "Planned Development Commission ") 2 -9 -2 JURISDICTION AND PURPOSE: The intent and purpose of the Planned Development Commission is to assist the Village Board in making decisions and establishing policies regarding Planned Developments within the Village The Planned Development Commission shall have the following specific powers and duties- (A) To conduct public hearings and make recommendations to the Village Board on applications for Planned Developments and amendments or alterations to approved Planned Developments (B) To consult and cooperate with the Village Board and other Village Commissions and Departments on matters related to planned developments within the Village (C) To periodically review, and to make recommendations as the Commission may deem necessary regarding amendments to, the provisions of this Chapter and the provisions of the Zoning Code related to planned developments (D) To consider and make recommendations on other matters related to planned developments as may be referred from time -to -time by the Village Board to the Commission 2 -9 -3 COMPOSITION OF COMMISSION: A General Appointment and Membership Criteria The Commission shall consist of seven members Each member on the Commission shall be selected from the then - current members of the Oak Brook Plan Commission and the Oak Brook Zoning Board of Appeals The Chairperson of the Zoning Board of Appeals shall be one of the Zoning Board of Appeals members on the Commission The Chairperson of the Plan Commission shall be one of the Plan Commission members on the Commission Each member shall be appointed by the Village President, with the advice and consent of the Board of Trustees Each member of the Commission shall serve without compensation B Composition of Commission, Chairperson, Terms 1 Chairperson, Vice Chairperson The Chairperson of the Commission shall always be the individual then serving as the Chairperson of the body that holds three seats on the Commission Ordinance 2009- BD -PD -G -891 Planned Development Commission Page 3 of 5 The Vice Chairperson of the Commission shall always be the individual then serving as the Chairperson of the body that holds four seats on the Commission 2 Initial Composition The initial composition of the Commission shall consist of four Plan Commission members and three Zoning Board of Appeals members 3 Term The term of each member of the Commission shall be two years, commencing on May 1 and ending on April 30th of the second year, or until such times as a successor has been duly appointed, confirmed, and qualified. There shall be no restriction on the reappointment of a member to one or more successive terms, subject to the advice and consent of the Board of Trustees for each reappointment In making appointments to the Commission after the initial and subsequent two year terms, the President shall attempt to reduce the amount of turnover on the Commission in order to ensure that the Commission is able to continue to function without loss of expertise and experience and without interruption or delay on matters that may be before it 4 Rotating Majorities, Chairpersons, and Vice Chairpersons The body from which the majority of Commission members are drawn, and the body from which the Chairperson and Vice Chairperson are selected, shall alternate every two years Accordingly, during the first two -year terms (in which the Plan Commission has four members and the Zoning Board of Appeals has three members), the Chairperson of the Commission shall be the Chairperson of the Zoning Board of Appeals and the Vice Chairperson shall be the Chairperson of the Plan Commission. Following the initial two year terms, one appointment from the Plan Commission will be eliminated and one appointment from the Zoning Board of Appeals will be added, so that for the second two - year terms the composition of the Commission shall consist of four Zoning Board of Appeals members and three Plan Commission members, with the Chairperson of the Plan Commission serving as Chairperson of the Commission and the Chairperson of the Zoning Board of Appeals serving as Vice Chairperson This rotation between a Zoning Board of Appeals majority and a Plan Commission majority, and the corresponding rotation of the Chairperson and Vice Chairperson, shall take place every�two years. C Removal and Vacancy Any member of the Commission that ceases to be a member of either the Plan Commission or the Zoning Board of Appeals shall automatically cease to be a member of the Commission without any action required by the President or the Board of Trustees The Village Board shall have the power to remove any Commission member for cause Any vacancy that may occur shall be filled for the balance of the unexpired term by appointment by the Village President with the advice and consent of the Board of Trustees The replacement appointment shall be made from the ranks of the Zoning Board of Appeals or the Plan Commission, as the case may be, necessary to maintain the then - current Commission make up between the Zoning Board of Appeals and the Plan Commission D Commission Secretary The Village Manager shall designate a Village staff member or other authorized representative of the Village to serve as Secretary to the Commission The Commission Secretary shall attend and keep minutes of all Commission meetings and hearings, and shall maintain the permanent records of all Commission meetings, hearings, and proceedings and all correspondence of, and submittals to, the Commission 2 -9 -5 MEETINGS AND PROCEDURES: A Meetings All meetings of the Commission shall be held in compliance with the Illinois Open Meetings Act. Except as modified by any bylaws or other rules approved by the Commission, Robert's Rules of Order, Revised, shall govern the proceedings of all the meetings of the Commission. Ordinance 2009- BD -PD -G -891 Planned Development Commission Page 4 of 5 B Chairperson Presides The Chairperson shall preside at all meetings and hearings of the Commission In the absence of the Chairperson, the Vice - Chairperson shall assume the duties and responsibilities of the Chairperson In the absence of the Chairperson and Vice - Chairperson, a Temporary Chairperson shall be selected by the Commission by motion and simple majority vote and shall assume the duties and responsibilities of the Chairperson C Bylaws or Rules of Procedures. The Commission may adopt bylaws or rules of procedures to govern and regulate its business and procedures, as it deems necessary, provided, however, that any such bylaws or rules shall, at a minimum (i) be consistent with the applicable provisions of the Illinois Municipal Code and the Oak Brook Village Code, (ii) require a majority vote of all voting members of the Commission for adoption and amendment of the bylaws or rules of procedure, and (iii) be subject to review and approval by the Village Attorney D Quorum and Necessary Vote The Commission shall conduct no business except at a properly called and held meeting at which a quorum is present. A quorum of the Commission shall consist of four members. Except with regard to recommendations on planned developments (on which the required vote is as provided in Chapter 15 of the Zoning Regulations) and for adoption and amendment of the bylaws or rules of procedure (on which a majority vote of all Commission members is required), a majority vote of Commission members present at any meeting shall be necessary for the Commission to act on any matter before the Commission E Meeting Schedule Commission meetings shall be held at regularly scheduled dates, times, and locations to be established and published by the Commission pursuant to the Illinois Open Meetings Act Special meetings may be called only by (a) the Chairperson, (b) any three members of the Commission, or (c) the Village Board of Trustees F Records The Commission's records shall be available and open for public inspection pursuant to, and except as otherwise provided by, the Illinois Freedom of Information Act or other applicable law G Sworn Testimony All testimony at any public hearing of the Commission shall be given under oath or affirmation. H Disqualification from Voting No member of the Commission shall vote, or participate in the consideration or debate, on (i) any matter directly involving any property in which the Commission member has a legal or beneficial ownership interest, (ii) any matter where the Commission member's interest would violate Section 3 1 -55 -10 of the Illinois Municipal Code, 65 ILCS 5/3 1- 55-10, or any other applicable law, or (iii) any matter on which the member of the Commission is prohibited from voting or participating pursuant to Section 1 -10 -7 of the Oak Brook Village Code Section 4 This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law APPROVED THIS 14th day of July, 2009. John W Craig Village President PASSED THIS 14th day of July, 2009 Ayes Nays Absent ATTEST Charlotte K Pruss Village Clerk Ordinance 2009- BD -PD -G -891 Planned Development Commission Page 5 of 5