Notice of PADS Agenda Items scheduled for the Village Board Meeting on August 19, 2024
The Village Board will consider on August 19, 2024, the PADS of Lake County Petition to: (1) approve a zoning text amendment that would add the use of “emergency shelter” as a special use within the East Grand Gateway Overly District (EGG) Zoning District; and (2) approve a special use permit for an emergency shelter to be permitted to operate at 3732-3740 Grand Avenue, Gurnee, Illinois.
On July 24, 2024, the Gurnee Planning & Zoning Board (PZB) conducted the public hearing to consider the PADS applications. The PZB voted to recommend the zoning text amendment however, the PZB voted not to recommend that the special use permit be granted.
Final action by Village Board
The Village Board will receive the minutes containing the PZB’s recommendations and the exhibits presented at the public hearing before the Board’s consideration of these matters. At the Village Board meeting scheduled for August 19, 2024, no further public hearing will take place prior to the Board’s vote.
Vote required to approve a Zoning Text Amendment
Under Illinois statute, passage of a zoning text amendment requires the “concurrence of the majority of all members then holding office… including the Mayor, unless otherwise provided.” 65 ILCS 5/3.1-40-40 and 65 ILCS 5/3.1-45-5. Based on Illinois statutory law, four (4) favorable votes (a majority of all members then holding office) are required to pass a zoning text amendment ordinance. As Trustee Woodside is the current President of the Petitioner, PADS of Lake County, he cannot be counted as present for the purposes of a quorum of the Village Board and is required to abstain from voting on this matter. See 65 ILCS 5/3.1-55-10. Also, the Mayor has recused himself from this vote. As a result, four (4) favorable votes from the remaining members of the board will be required to approve the text amendment. A simple majority vote from a quorum of five (5) members (a 3-2 vote) will not satisfy the statutory requirement.
Vote required to approve a Special Use Permit Application
Under 65 ILCS 5/11-13-1.1, there is an additional voting requirement which becomes applicable when the Village’s PZB fails to pass a favorable recommendation as to the issuance of a special use permit. This statute provides in pertinent part as follows:
…any proposed special use which fails to receive the approval of the commission or committee designated by the corporate authorities to hold the public hearing shall not be approved by the corporate authorities except by a favorable majority vote of all alderpersons, commissioners or trustees of the municipality then holding office…
Based on this statutory provision, because the PZB did not issue a favorable recommendation to approve the requested special use permit, 4 Trustees must affirmatively vote to approve the requested special use permit. Under this statute, a mayor cannot vote to satisfy this requirement. As a result, a simple majority vote from a quorum of five (5) members (a 3-2 vote) again will not satisfy the statutory requirement.
Outcome of Vote on Zoning Text Amendment will determine whether the Board can consider the proposed Special Use Permit Request
Procedurally, the Village’s current zoning ordinance does not allow “emergency shelters” within the EGG zoning district. If the zoning text amendment to the EGG district does not pass, the Village Board cannot consider the request for the issuance of a special use permit for an emergency shelter within the EGG district.