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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: September 30, 2020
SUBJECT:
An Ordinance amending Chapter 49 of the Code of Ordinances, City of Aurora, Illinois, commonly known as the "Aurora Zoning Ordinance" (City of Aurora - 20-0471 / KDWK-19.044-TXT/AZO/SCO - TV - All Wards)
PURPOSE:
The purpose of this Ordinance is to streamline certain sections of the development process and reorganize other sections of the Zoning Ordinance.
BACKGROUND:
The improvements to the development process have been an ongoing discussion with the community’s stakeholders.
In 2006, the Development Services Team (DST) was implemented which is comprised of representatives from Zoning and Planning Division, Engineering Division/Public Works Department, Building and Permits Division/Fire Bureau, and Economic Development Department. The team’s mission was to streamline the development process, create a convenient one-stop shop for all customers' development transactions, and develop a predictable development time frame using a transparent process.
In 2009, the Mayor’s Blue Ribbon Task Force was created. Their focus was to make recommendations with regards to further improving the development process, changing the development culture and simplifying development ordinances.
Since 2009, there has been numerous cultural and ordinance changes within the Development Services and Public Works Department. Some of these changes include the adoption of the new International Code Council (ICC) Series, including the International Existing Building Code (IEBC), the adoption of the new Electrical Code allowing more design alternatives, several changes to Aurora Zoning Ordinance to address development concerns, and an update to standard specifications to allow for underground detention. The Building and Permits, Zoning and Planning, and Engineering Divisions have also worked extensively to improve process review times and implemented transparency through the use of technology.
In 2018-2019, the Building and Permits, Property Standards, Zoning and Planning, Engineering, and Economic Development Divisions all moved into the Development Services Center to create a true one-stop shop for all customers’ development transactions.
In 2019, the Zoning and Planning Division engaged Rolf Campbell Associates to evaluate our current development processes and make recommendations on potential changes to further streamline the process. These recommendations are based on best practices and surveys of numerous other suburban communities. There were four major recommendations that resulted from the evaluation:
• Combine the Plan Commission and the Zoning Board of Appeals
• Eliminate Planning Council
• Remove Requests and Referrals Step
• Consolidate, eliminate, and combine certain procedures and processes
DISCUSSION:
In response to these recommendations, Staff has been working in conjunction with the Law Department to organize and implement said recommendation.
Recently, the City Council approved the combination of the Planning Commission and Zoning Board of Appeals into the Planning and Zoning Commission. The Dedication of Easements and Right-of-Ways are now be approved via the Public Works Director thus streamlining this process.
Eliminate Planning Council and Remove Requests and Referrals Step:
Planning Council was formed in 1974 to make recommendations pertinent to requirements for public improvements associated with private development proposals. The Council and Requests and Referrals step are a relic of the commission form of government where different elected commissioners and staff accountable to them were responsible for different aspects of the development process. With the Alderman form of government, this is not the case anymore.
Additionally, with the establishment of the Development Services Team, Planning Council has become redundant as Staff discusses pertinent improvements within these meetings. With new technology, Staff is able to better communicate with outside agencies, therefore making Planning Council no longer necessary.
Consolidate, Eliminate, and Combine Certain Procedures and Processes:
The purpose is to simplify aspects of the development process and eliminate redundancy. (See PowerPoint). It should be noted that Staff has made some additional changes since Planning and Zoning Commission to Table One: Use Category to update sections under additional regulations and to match the process for heavy industrial use that was laid out in Chapter 49 zoning ordinance.
In addition, to the three recommendation made above, Staff has worked with the Law Department on cleaning up and reorganizing sections of the ordinance.
Renaming Special Use to Conditional Use:
This change is essentially renaming Special Use to Conditional Use. Special Use implies that special rights or privileges are being granted however, this is really not the case. They are by right use provided they meet certain conditions set out in the ordinance. Therefore, by changing the name to Conditional Use, it better reflects the true nature.
Adding the Aurora Zoning Ordinance into the code:
The Aurora Zoning Ordinance it is actually Chapter 49 of the Code or Ordinances, however, it has always been shown as Appendix A. This change will codify the Zoning Ordinance as Chapter 49 of the Code of Ordinances. In addition, the numbering will be changed to match the Code of Ordinances. There is also general cleanup of language, definitions, Table One: Use Category and other miscellaneous items.
Additionally, the procedures of the Zoning Ordinance will be put into its own Chapter. 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.
RECOMMENDATIONS:
Planning Commission recommended approval of the text amendment amending Chapter 49 of the Code of Ordinances, City of Aurora, Illinois, commonly known as the "Aurora Zoning Ordinance".
ATTACHMENTS:
PowerPoint Presentation
Exhibit "A" Text Amendment and Table One: Use Category
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 49 of the Code of Ordinances, City of Aurora, Illinois, commonly known as the "Aurora Zoning Ordinance"
body
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 49, being the Aurora Zoning Ordinance, in order to update and improve certain Sections of said Ordinance to better carry out the purpose and intent of said Ordinance; and
WHEREAS, on August 19, 2020 and September 2, 2020, the Aurora Planning and Zoning Commission, after publication of notice, held a public hearing on the amendments to said Ordinance and recommended approval of the amendment attached hereto and incorporated herein and hereinafter referred to as Exhibit “A”; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this Ordinance.
Section Two: That the amendments to Chapter 49 of the Code of Ordinances, City of Aurora, Illinois, commonly known as the "Aurora Zoning Ordinance" are hereby adopted as set forth in said Exhibit “A”.
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.