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TO: Mayor Richard C. Irvin
FROM: Edward T. Sieben, Director of Zoning and Planning Division
Law Department
DATE: May 29, 2020
SUBJECT:
An Ordinance amending Article II and repealing Article IV of Chapter 34 of the Code of Ordinances of the City of Aurora pertaining to the Planning Commission and the Zoning Board of Appeals
PURPOSE:
The purpose of this proposed amendment is to combine the Planning Commission with the Zoning Board of Appeals to create a Planning and Zoning Commission.
BACKGROUND:
Historically, Aurora has had both a Planning Commission, which reviews most types of development and comprehensive plans, and a Zoning Board of Appeals, which reviews variances and appeals. There are thirteen members of the Planning Commission, and seven members of the Zoning Board of Appeals. Members were completely separate until 2005, when the seven at-large members of the Planning Commission were appointed as the seven members of the Zoning Board of Appeals. Therefore, membership overlaps both boards.
DISCUSSION:
As the seven members of the Zoning Board of Appeals make up the majority membership of the Planning Commission, there is a redundancy in review and meeting bodies depending on the type of development. Merging the two boards will lead to fewer convening of review boards and efficiencies in development review times. As it occurs now, some developments with variances must be heard separately before each of the boards even though membership overlaps, resulting in greater review time.
IMPACT STATEMENT :
This amendment will lead to greater meeting efficiency for the general public and development industry and simplify the development review process without lessening review oversight.
RECOMMENDATIONS:
Staff would recommend approval of the Text Amendment amending Article II and repealing Article IV of Chapter 34 of the Code of Ordinances of the City of Aurora pertaining to the Planning Commission and the Zoning Board of Appeals
ATTACHMENTS:
Exhibit "A" Text Amendment to Ch 34
cc:
Alderman Carl Franco, Chairperson
Alderman Emmanuel Llamas, Vice Chairperson
Alderman Edward J. Bugg
Alderman William “Bill” Donnell
Alderman Patty Smith
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance amending Article II and repealing Article IV of Chapter 34 of the Code of Ordinances of the City of Aurora pertaining to the Planning Commission and the Zoning Board of Appeals
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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 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 Planning Commission is a regularly scheduled advisory body to the City Council, on short and long range growth and development of the City, through maintenance and implementation of the plans and regulations formally adopted by the City Council; and
WHEREAS, the Zoning of Board of Appeals is an appeal board that reviews zoning issues as prescribed in the Aurora Zoning Ordinance, including proposed variations from the zoning code, and appeals of decisions made by the Zoning Administrator; and
WHEREAS, in furtherance of its home rule powers, it is necessary and desirable for the City of Aurora to amend the establishing ordinance for the Planning Commission, repeal the Ordinance creating the Zoning Board of Appeals; and create the new Planning and Zoning Commission in order to carry out the intended purpose as further set forth herein; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the provisions of Article II of Chapter 34 of the Code of Ordinances of the City of Aurora (hereinafter "City Code") shall be and hereby are amended as set forth in Exhibit "A"
Section Two: That Article IV of Chapter 34 of the City Code shall be and hereby is repealed in its entirety; and further
Section Three: That all references to the Planning Commission or to the Zoning Board of Appeals in the City Code or Illinois law shall be construed to refer to the Planning and Zoning Commission; and further
Section Four: That all any provision of any ordinance or resolution conflicting with this Ordinance shall be and hereby is repealed; and further
Section Five: That nothing in this ordinance shall be construed to alter the terms of members of the Planning Commission duly appointed and serving pursuant to Article II of Chapter 34 of the Code.