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TO: Mayor Richard C. Irvin
FROM: Tracey M. Vacek, Senior Planner
DATE: October 15, 2020
SUBJECT:
An Ordinance amending Chapter 34 of the Code of Ordinances, City of Aurora, in its entirety and repealing conflicting prior enactments
PURPOSE:
As part of a substantial "clean-up" to the City's zoning ordinance, staff has proposed removing its procedural components from their existing home in Chapter 49. Those procedures would then be revised and restated as part of Chapter 34 of the Code of Ordinances. The attached ordinance reflects an entirely new Chapter 34 replacing the existing provisions in their entirety. It also repeals two older resolutions which created and later amended the composition of the Aurora Planning Council.
BACKGROUND:
Staff has been working on several text amendments to update the development procedures and processes and reorganize the Zoning Ordinance. As part of these updates, the procedures and processes of the Zoning Ordinance will be put into their own Chapter in the Code of Ordinances. By doing so, this will allow flexibility of future changes to the procedures without impacting aspects of the Zoning Ordinance dealing with land use rights. In addition, this Ordinance will also repeal the Ordinance establishing the Aurora Planning Council.
As part of the text amendment to Chapter 34, the composition of the Zoning and Planning Commission is also being amended to reduce the number of members to nine and to change the composition to all "at large" members.
DISCUSSION:
Besides splitting off development procedures and processes into its own Chapter 34, some procedural changes are proposed as discussed in the Chapter 49 memo, and the attached power point presentation which has previously been discussed with the Committee. This includes consolidation of Variance procedures, standalone Final Plan review, and other site plan reviews.
The Planning and Zoning Commission is currently composed of 13 members. The RAP Committee recently recommended reducing the Commission to 9 members in keeping with surrounding community examples, and that all members be "at large". Member reduction can be done through attrition of expired terms to get down to the nine members. There is currently one vacancy on the Commission. In addition, two members have expired terms and three members have terms that are expiring at the end of December. (See attached Commission Member Table). The proposal also contemplates even geographical distribution of members across the City.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the Ordinance amending Chapter 34 of the Code of Ordinances, City of Aurora, in its entirety and repealing conflicting prior enactments
ATTACHMENTS:
Exhibit "A" Text Amendment
cc:
Alderman Carl Franco, Chairperson
Alderman Emmanuel Llamas, Vice Chairperson
Alderman Edward J. Bugg
Alderman William Donnell
Alderman Patty Smith
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance amending Chapter 34 of the Code of Ordinances, City of Aurora, in its entirety and repealing conflicting prior enactments
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the City Council of the City of Aurora has determined that it is necessary and desirable to amend the Chapter 34 of the Code of Ordinances, in order to update and improve certain Sections of said Ordinance to better carry out the purpose and intent of said Ordinance; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That Chapter 34 of the Code of Ordinances of the City of Aurora shall be are hereby amended by striking its existing language in its entirety and replacing it as set forth in Exhibit “A”.
Section Two: That Resolution R74-010 and R76-083 shall be and hereby are repealed in its entirety, and
Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.
Section Five: That except as set forth in Section Six, this Ordinance shall be in full force and effect, and shall be controlling, on and after January 1, 2020.
Section Six: The City Clerk and the Corporation Counsel, immediately upon approval of this ordinance, shall be and hereby are jointly and individually authorized to oversee the codification of the provisions set forth in Exhibit A. To the extent that the codification requires any alterations to the numbering or other formatting of any of the provisions to conform to the structure or format of the code, such alterations and changes to any internal references corresponding thereto are expressly authorized.