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TO: Mayor Richard C. Irvin
FROM: Richard J. Veenstra, Corporation Counsel
DATE: January 8, 2018
SUBJECT:
A resolution adopting findings of fact in support of the City Council's action with respect to Item 17-00519, an Ordinance Approving a Revision to the Eola Venture I Plan Description on 2.66
Acres for 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 with respect to its decision whether to grant Scientel Solutions, LLC (Scientel) a planned description revision to the special use planned development on the above-listed property to permit one (1) general contractor or special trade contractor (offsite work) (2900).
BACKGROUND:
The petitioner, Scientel Solutions, LLC has requested a planned description revision to the special use planned development on its property located at the southeast corner of Diehl Rd and Eola Rd to permit to allow a general contractor or special trade contractor (off site work). The process of revising a planned description revision in this manner is analogous to approving a special use as the general contractor or special trade contractor use is already permitted within the neighboring ORI District. The Planning Commission conducted a hearing on Scientel's request 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 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.
IMPACT STATEMENT:
N/A
RECOMMENDATIONS:
The City Council need only take action on this item in the event it fails to approve item 17-00519, effectively denying the relief requested by Scientel. In the event the City Council approves item 17-00519, the language of the resolution 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 17-00519, an Ordinance Approving a Revision to the Eola Venture I Plan Description on 2.66 Acres for 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 for a revision to the plan description to the special use planned development on the above-listed property to permit one (1) general contractor or special trade contractor (offsite work) (2900); and
WHEREAS, the City Council considered such request at its meeting of January 9, 2018;
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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 17-00519 and that the findings of fact therein contained are adopted as findings of fact supported supporting such decision.