Village of North Aurora | Crossroads on the Fox

Committee of the Whole Minutes

OCTOBER 1, 2012

In the absence of Mayor Berman, Trustee Gaffino called the meeting to order.

In attendance: Trustee Mark Gaffino, Trustee Chris Faber, Trustee Ryan Lambert, Trustee Mark Guethle, Trustee Laura Curtis, Trustee Vince Mancini, Village Clerk Lori Murray. Not in attendance: Mayor Dale Berman.

Staff in attendance: Village Attorney Kevin Drendel, Police Chief Dave Summer, Finance Director Bill Hannah, Public Works Superintendent Mike Glock, Water Superintendent Paul Young, Pete Iosue of Teska Associates, Jim Bibby of Rempe-Sharpe.

Lisa Quigley, 3S714 Deerpath Road
Ms. Quigley requested the petitioner provide 2 weeks notice to the surrounding homeowners prior to a Village meeting in reference to any plans that are proposed for the Zepelak property. Quigley said this was also recommended by the Plan Commission at one of their meetings.

Setback – Quigley asked if the 50 foot setback is in addition to the 40-foot dedication from the center of the road. Pete Iosue of Teska confirmed that the 50 feet would be in addition to the 40.

Quigley noted that the plans show a 100 foot setback, but the petitioner has requested a 50 foot setback. Quigley said she would like to see the 100 foot setback.

Page 3 of the petition says that no landscaping buffer shall be required for commercial property from residential property when separated from a road with a right of way, Quigley asked for the Village to require some landscaping buffer from her house to the property.

Connector Road – Quigley said she spoke to the Kane County Director of Transportation who informed her that there is no plan to construct any other north/south road. They expect the traffic on Orchard and Deerpath to increase 2 to 3 times over the next 20 years. Quigley noted that there is already a lot of traffic. Quigley said that the connector road was only required because Mr. Zepelak asked for business in the Mango Creek Development which would put more traffic on Orchard Road. Quigley commented that because the connector road was part of Mango Creek and right across from her property, that she should have had notice. Quigley requested more housing and that business be kept on Orchard Road.

Zoning – Quigley said that with B2 zoning, the Village would bring in big box stores which will increase traffic. Quigley said that smaller businesses are needed in the area which would be B1 zoning and suggested the big box stores be located out by Woodmans. Quigley requested the use of R3 instead of R4 zoning to allow for a transition between the estate properties and business. Quigley said that flex zoning made no sense to her and that what is being proposed goes against everything the Village has in its zoning rules.

Atty. John Philipchuck, 123 Water Street, Naperville, IL
Atty. Philipchuck said that Village Staff worked on the documents and worked through all of the issues with Pete Iosue (Teska Associates) and Scott Buening (previous Community Development Director). Philipchuck added that they have given great attention to the Village ordinances and are requesting the same zoning and opportunities that were provided for in Mango Creek.

Apartments – Photos were provided by Atty. Philipchuck with examples of the AMLI development in St. Charles. This is a development that would be suitable for the Zepelak property. Philipchuck said that they are trying to bring in as much sales tax generating uses as possible to the Village. Mr. Zepelak had also had conversations with some big box users who informed him that the property would not be desirable for a big box due to the size of the parcel.

Philipchuck said that if the Village Board wants to make the condition that when Mr. Zepelak comes in with his first plan, that notice be sent to adjacent property owners, they would do so. Philipchuck noted that nothing has been put in the ordinance to that affect as of yet because they do not know at this time if they are moving forward with the project.

Trustee Mancini asked why the request for R4 zoning and not R3. Philipchuck said that the site will be very expensive to build and signalization will be required. The project will not work with duplexes and single family homes. Mancini said he was concerned because the Village originally developed Mirador north with the idea that the west end would be comprised of bigger lots and the R4 does not fit. Mancini said that R3 didn’t fit either but would be a better buffer.

Trustee Guethle agreed with the petitioner that an assisted living/senior housing development would work on the Zepelak property.


1. Discussion on Zepelak Annexation Agreement
Pete Iosue of Teska provided a memo and drawings of the flex zoning possibilities. The concept of “flex-zoning” was previously approved by the Village on the adjacent property to the southeast (Mango Creek). The current language is similar to that previously approved annexation. The annexation agreement would establish the zoning of the property as B-2 on the southern half and R-4 on the northern half, with the flexibility given to the property owner to extend the B-2 zoning onto the north half of the property without having to amend the agreement or rezone the property.

Jim Bibby of Rempe-Sharpe focused on the traffic and engineering. In reference to the 1st exhibit, the design continues on the north /south connector throughout the Sorrentino property. This would become a frontage road system. Issues would be traffic impacts as vehicles would come from the terminus at Mooseheart Road. Bibby said that if the entire north parcel were to develop as townhomes (trip generation is moderately higher than single family), would not envision any adverse affect in the critical morning hours. With commercial in the mix, there is more of an issue in the PM hours for traffic. If that were to happen, would recommend some traffic calming along the corridor. .

Trustee Guethle referenced exhibit 2 and asked about the scenario if townhomes were developed. Bibby suggested an internal townhome development with access on the north/south connector road.

Trustee Mancini said he was concerned with drivers cutting into the Orchard Estates subdivision.

Bibby noted that there will be access to Mooseheart Road.

Mancini said that the Mirador subdivision is suppose to contain high end homes and that he had a hard time justifying high density like apartments within 250 feet of those homes. In terms of flex zoning, Mancini said he understood wanting some certainty for future development.

Guethle said it would be advantageous to have flex zoning in order to develop the property. Guethle also did not see a problem with R4 zoning and noted that the market at this time calls for apartments. Guethle said he was in favor of what was presented.

Mancini said that there is a lot of R4 potential in the area which never develops into commercial and that Mango Creek has potential for R4 but it was a unique situation. Mancini said he does not see the potential for the proposed location and that there is already a lot of R4 in North Aurora.

Trustee Curtis agreed with Guethle that the Village should not limit the possibilities. Curtis said she does not see this proposal as a detriment to the surrounding properties and would rather see residential than commercial.

Trustee Faber said that the problem is R4. Mancini said the Village can put in restrictions but does not like the fact that, conceptually, this was suppose to be an area for nicer and bigger homes. Faber said he was open to a PUD amendment.

Mr. Zepelak addressed the Board and informed them that his family bought the property in 1958 and that at one time he lived in the farmhouse on Deerpath Road. Mr. Zepelak said that the property is very sentimental to him and that he wants to do right by whatever is built. In 2008, Zepelak got entitlement to 73 lots west of Deerpath. Although the property has not been developed, Zepelak said he does not want to jeopardize that property with the property before the Board.

Zepelak said that there has been a lot of discussion regarding R3 vs. R4. The reason for asking for flex zoning is because the market is uncertain and do not know when the recession will be over.

A requirement for this property will be to put a signal on Orchard Road and to dedicate the access road from Orchard to Deerpath. Zepelak said that the reality is that this can’t be done with R3. It can be done with R4 because of the need for density. When the market comes back, Mr. Zepelak said he wants to be able to compete.

Trustee Lambert said he agreed with Trustee Curtis’ comments, but noted his concern about allowing the R4 and the developer building something that the Village does not envision for the area. Lambert said he would be agreeable to the R4 zoning with some discussion on the apartments.

Trustee Gaffino said that everyone wants a good project but was also concerned that if the property was ever sold, that the new owner may put in an apartment that the Village does not want. Gaffino said that the Village wants something it can be proud of. Gaffino said he would be interested in R4 with some requirements. Gaffino also noted that he would be interested in seeing a buffer along Deerpath and would not want to see the back of a block building. Gaffino added that he was not thrilled about the flex zoning but agreed with trying to make it work.

Atty. Drendel asked if the Board wanted Staff to put some parameters on the R4 zoning. The Board said yes and directed Staff to work with Zepelak and bring the item to the next Village Board agenda.


Motion to adjourn made by Trustee Lambert and seconded by Trustee Guethle. All in favor. Motion approved.

Respectfully Submitted,

Lori J. Murray
Village Clerk 

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