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TO: Mayor Thomas J. Weisner
FROM: Tracey M. Vacek, Planner
DATE: August 7, 2015
SUBJECT:
An Ordinance Rescinding and Vacating Ordinance Number O10-073, being a Special Use Permit for a 150 foot Telecommunication Tower within 500 feet of Residentially Zoned Property located at 225 S. Highland Avenue, Aurora Illinois, 60505 (City of Aurora - L15-00027 / AU21/3-10.367-Su - TV - Ward 4)
PURPOSE:
The purpose of this Ordinance is to rescind and vacate Ordinance O10-073, being a Special Use Permit for a 150 foot telecommunication tower within 500 feet of residentially zoned property for the property located at 225 S. Highland Avenue since the petitioner, Shetland Properties of Aurora, LLC, has not met the conditions set forth in said Ordinance and has never built the telecommunication tower at this location.
BACKGROUND:
Ordinance O10-073 was approved by City Council on December 21, 2010 to construct a 150 foot telecommunication tower at the southwest corner of the property adjacent to the existing industrial building at 225 S. Highland Avenue. The Petitioner was leasing an area to T-Mobile for the construction of the pole and the associated equipment pad. A building permit for said telecommunication tower was submitted by T-Mobile, however, the permit was never issued and was cancelled by the general contractor.
DISCUSSION:
The City of Aurora’s Planning and Zoning Division Staff initiated the process of the revocation of the Special Use permit since the conditions set forth in said Ordinance have not been met and the telecommunication tower has never been built at this location.
IMPACT STATEMENT :
There should not be any impact by rescinding this ordinance since the telecommunication tower was never constructed.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the Ordinance Rescinding and Vacating Ordinance Number O10-073, being a Special Use Permit for a 150 foot Telecommunication Tower within 500 feet of Residentially Zoned Property located at 225 S. Highland Avenue, Aurora Illinois, 60505
ATTACHMENTS:
Ordinance O10-073
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Rescinding and Vacating Ordinance Number O10-073, being a Special Use Permit for a 150 foot Telecommunication Tower within 500 feet of Residentially Zoned Property located at 225 S. Highland Avenue, Aurora Illinois, 60505
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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 of Aurora conditional approved the Special Use Permit for a 150 foot telecommunication tower within 500 feet of residentially zoned property located at 225 S. Highland Avenue by Ordinance O10-073 on December 21, 2010; and
WHEREAS, said Special use Permit was granted subject to two conditions approved and required by the City Council as set forth in Ordinance O10-073; and
WHEREAS, Shetland Properties of Aurora, LLC, the owner of said property, has failed to comply with the conditions in Ordinance O10-073, attached hereto as Exhibit "A"; and
WHEREAS, a public meeting was held on ________, 2015, by the Planning and Development Committee of the City Council of the City of Aurora, and pursuant to sworn testimony provided at such meeting, the Council finds that the conditions have not been met as provided for in Ordinance O10-073; and
WHEREAS, it is therefore in the best interests of the citizens of the City of Aurora that Ordinance Number O10-073 be rescinded, and that the Special Use Permit previously granted be vacated.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: The preambles hereto are hereby made a part of, and operative provisions of, this Ordinance as fully as if completely repeated at length herein.
Section Two: That Ordinance Number O10-073, which Ordinance granted a Special Use Permit for a 150 foot telecommunication tower within 500 feet of residentially zoned property located at 225 S. Highland Avenue, passed and approved on December 21, 2010, is hereby rescinded and the Special Use Permit approved therein is hereby vacated.
Section Three: That this ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Four: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Five: That any Section or provision of this Ordinance that is construed to be invalid or void shall not affect the remaining Sections or provisions, which shall remain in full force and effect thereafter.
PASSED by the City Council of the City of Aurora, Illinois, on ___________________.
AYES_____ NAYS_____ ABSENT_____
APPROVED AND SIGNED by the Mayor of the City of Aurora, Illinois on __________________.
________________________
Mayor
ATTEST:
__________________________
City Clerk