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TO: Mayor Richard C. Irvin
FROM: Richard J. Veenstra, Corporation Counsel
DATE: January 4, 2017
SUBJECT:
A Resolution adopting findings of fact in support of the City Council's action with respect to Item 17-00520, an Ordinance approving a special use permit to Scientel Solutions, LLC (Scientel) for a telecommunications facility (4211) use on the property located at 245 N Eola Rd being south of Diehl Road and east of Eola Road.
PURPOSE:
To establish a written, factual basis to support the decision of the City Council in the event it declines to grant Scientel a special use permit for a telecommunications facility (4211) use on its property located at 245 N Eola Rd.
BACKGROUND:
The petitioner, Scientel has requested a special use permit under the City's Communication and Data Transfer Ordinance (City Code Chapter 19, Article III) for the construction of 195' foot communications antenna as an accessory to its proposed headquarters building. The request includes a reduction in the required 500' separation from property zoned residential (though the nearest residential use is 1,221 from the proposed tower), a request for a reduction in separation requirements from nearby antennas, and a reduced facility setback.
Article III contains provisions governing the issuance of special use permits for communications facilities. Those provisions, as well as the provisions of the Zoning Ordinance with respect to special use permits, apply to Scientel's request. In addition to setting forth special requirements with respect to antennas, Article III expressly requires that "[a]ny decision rendered upon an application to locate, construct, or install a communications facility or for a special use for any such facility shall be written and shall include findings of fact supported by substantial evidence in a written record." (Sec. 19-77). The Planning Commission conducted a hearing on Scientel's request, made specific findings of fact and subsequently recommended approval. The City Council's Planning and Development Committee similarly recommended approval, but the motion to approve the request failed by a 3-7 vote at the City Council meeting of November 14, 2017. At the time of the vote, the City Council did not issue a written decision nor make written findings of fact to support its action. Two weeks later, on November 28, 2017, the City Council voted to suspend its rules and reconsider its action with respect to this item. Rather than take final action on Scientel's request on November 28, the City Council postponed further consideration until its meeting of January 9, 2018.
DISCUSSION:
Approving or disapproving of a special use permit is within the legislative discretion of the City Council. Though the Planning Commission recommended approval of Scientel's request, the City Council was not bound to follow the recommendation and on November 14, 2017, it chose not to. When the City Council concurs with the recommendations of its Planning Commission, it need not make findings of fact on its own to support it decision; it can simply adopt the Commission's findings. However, if the Council reaches a different conclusion than the Planning Commission, it is necessary for the Council to articulate reasons, based on the record created through the public hearing process, for its actions. In fact, the City's Communication and Data Transfer Ordinance specially requires it with respect to telecommunications facilities.
IMPACT STATEMENT:
N/A
RECOMMENDATIONS:
The City Council need only take action on this item, if and only if, it fails to approve item 17-00520, effectively denying the relief requested by Scientel. In the event the City Council approves item 17-00520, the language of that Ordinance is sufficient to support the Council's action.
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution adopting findings of fact in support of the City Council's action with respect to Item 17-00520, an Ordinance approving a special use permit to Scientel Solutions, LLC for a communications facility (4211) use on the property located at 245 N Eola Rd being south of Diehl Road and east of Eola Road.
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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, Scientel Solutions, LLC (Scientel) has applied a special use permit to Scientel Solutions, LLC (Scientel) for a communications facility (4211) use on the property located at 245 N Eola Rd being south of Diehl Road and east of Eola Road; and
WHEREAS, the City Council considered Scientel's request for said special use permit on January 9, 2017 as agenda item 17-00520 entitled "an Ordinance approving a special use permit to Scientel Solutions, LLC for a communications facility (4211) use on the property located at 245 N Eola Rd being south of Diehl Road and east of Eola Road;" and
WHEREAS, Section 19-77 of the Code of the City of Aurora provides that "[a]ny decision rendered upon an application to locate, construct, or install a communications facility or for a special use for any such facility shall be written and shall include findings of fact supported by substantial evidence in a written record.")
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows:
That Attachment A of this Resolution shall be and hereby is adopted by the City of Aurora, as its written decision with respect to agenda Item 17-00520 and that the findings of fact therein contained are adopted as findings of fact supported supporting such decision pursuant to Section 19-77 of the Code of the City of Aurora.