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Plan Commission Minutes

MARCH 6, 2018

Chairman Brackett called the meeting to order.

In attendance: Chairman Mike Brackett, Co-chairman Jennifer Duncan, Commissioners Aaron Anderson, Anna Tuohy, Tom Lenkart, Connie Holbrook, Mark Bozik. Not in attendance: Commissioners Mark Rivecco and Doug Botkin.

Staff in attendance: Village Administrator Steve Bosco, Community & Economic Development Director Mike Toth, Village Clerk Lori Murray, Village Attorney Kevin Drendel, Jim Bibby (Rempe Sharpe) and Pete Iosue (Teska Associates).

1. Approval of Plan Commission Minutes dated February 6, 2018
Motion for approval made by Commissioner Bozik and seconded by Commissioner Duncan. All in favor. Motion approved.

1. Petition #18-03 (194 Alder Dr.) The petitioner requests the following actions on the
subject property:

1) Variance to allow a reduction in the amount of required parking.
2) Site Plan Review (non-public hearing item).

Chairman Brackett called the meeting to order. Mike Toth stated that the petitioner, Abelei Flavors, Inc., is building a 21,000 s.f. addition to the building which is a greater than 25% expansion, requiring site plan approval. Petitioner is also looking to land bank 25 parking spaces. They are requesting the parking reduction for the development as it sits now. The Zoning Ordinance requires two off-street parking spaces per 1000 s.f. of gross floor area for manufacturing office space. Staff included some conditions if the Plan Commission decides to recommend approval of the variance. One would be to mass grade the area where the land bank parking would be and to keep an eye on the property if there were any issues to arise from the deficiency in parking, the Village could do a study and revisit at a further date. Marcia Arb and Shelley Henderson of Abelei Flavors addressed the Plan Commission. They stated that they currently have 24 spaces to the north side of the building that sit empty every day. Abelei has 18 employees and 42 parking spots. With the addition, they may hire two more people. Most of the addition is warehouse, storage and for raw materials and shipping. Toth noted that the area where parking would be is in a stormwater easement.

(Commissioner Lenkart arrived)

There were no audience comments. Public portion of the hearing was closed.
Commissioner Duncan asked if the property will be affected negatively by mass grading. Jim Bibby said that the storm water management has been previously provided in the previous Abelei Flavors project for the future impervious of the area.

Commissioner Holbrook asked how many additional spaces are not being used at this time. Shelley Henderson replied 20-22 spaces.

Commissioner Lenkart asked if at some time Abelei moves and the new tenant needs parking, will that condition run with the building? Toth said the Village will probably record this with the property.

Motion made by Commissioner Bozik to approve the variance subject to staff recommendations. Commissioner Lenkart asked if the motion could include that the variance goes with the land. Bozik amended his motion to include that item as well as site plan review. Motion seconded by Commissioner Lenkart. Roll Call Vote: Bozik – yes, Duncan – yes, Holbrook – yes, Lenkart – yes, Anderson – yes, Tuohy – yes. (6-0).

2. Petition #18-02 (2500 N. River Road) The petitioner requests the following actions on the subject property:

1) Map Amendment
2) Special use to allow a Planned Unit Development with deviations from the Zoning Ordinance and Subdivision Ordinance.
3) Preliminary Subdivision Plat Approval

Toth stated that the hearing tonight is for a recommendation before the Plan Commission. No action to approve or deny the development will take place as part of this hearing. The property is located at 2500 River Road. It is the former Fox Valley Golf Course which is owned by the City of Aurora, but is located in the Village of North Aurora. The Lincoln Valley on the Fox product is a mixed residential use consisting of 374 units, single-story, age-targeted development to include single family homes, duplexes and townhomes. It is in the R1 zoning district (single family). The petitioner is requesting a map amendment to accommodate the underlying zoning for the residential uses. Proposed R1A use to accommodate the single family portion of the development. Zoning overlay of R3 on the southeast portion of the property to accommodate duplexes and on the southwest portion, zoning R4 for the townhomes. Per the Zoning Ordinance, a planned unit development is required by code since it is larger than two acres.

Toth said that a number of emails were received from property owners and those emails were forwarded to the Plan Commission.

The plan that was presented has been at the conceptual level before the Development Committee and the Committee of the Whole. Staff has been working with DR Horton for over a year and the product has been carefully planned out with the developer. Staff recommends approval of the development which is consistent with the Comprehensive Plan. In 2014, the Village embarked on a Homes for a Changing Region study. What came from that was the need for senior housing in North Aurora.

On behalf of DH/Cambridge Homes, Inc.:
Schain Banks, Attorneys at Law: Jim Griffin
DR Horton: Mark Fields, Bruce Mellon, Deborah Beaver, Jeff Ende
WBK Engineering (land planners): Chuck Hanlon and Adam Rak
Cemcon (civil engineering firm): Kevin Serafin
Gary Weber Associates (landscape architect): Monica Goshorn-Maroney
GeWalt Hamilton (traffic engineers): Justin Opitz
Knight Engineers: Clayton Shipley

Mark Fields addressed the commission and stated that they started the process in July of last year with a pre-application meeting, proposing an active adult community with a low maintenance environment, onsite activities such as a clubhouse, pools, other active uses and open space incorporating paths and walking trails, open water ponds and parks.

Adam Rak from WBK Engineering noted the evolution of the site plan:

-July 17, 2017 – Pre-application meeting. Original proposal for 407 units and a total open space of 17.78 acres. At this meeting, DR Horton was encouraged to reduce units and increase open space.

-September 29, 2017- Proposed 400 units and open space of almost 27.8 acres.

-November 6, 2017 – Committee of the Whole meeting - 362 units and a larger increase of 32.12 acres of open space

-March 6, 2017 – Proposed 374 units and open space of 32.29 acres.

Reason for the increase: In the duplex lots, after further study on architectural footprints, the lots were reduced a bit to accommodate the units. The road network did not change. Some interior lot lines were adjusted.

Developing Site plan – The existing drainage on Banbury road travels to the west. Halfway into the site it splits to the northwest and one leg goes straight. DR Horton wanted to preserve this overland flow and create some premium lots in this area. The existing drainage also guided the location of the detention areas. Open space was carved out for a park and a green corridor around Route 25. Access to the site will align with Oak Crest Drive on the northeast corner of the site and an additional secondary access on Banbury to the south. There will be 149 units in the R1A zoning. The premium lots overlooking the central park area with the detention basin will provide a nice visual since these homes sit at a higher elevation. Duplex lots will be located in the southeast corner and will include 126 total units. Some of these will also overlook the open space. The townhome development of 99 units will be comprised of 33 buildings. Sidewalks will be included on both sides of the street.

Chuck Hanlon of WBK Engineering stated that there will be a total of 1168 new trees that will be planted. Of those, there will be 548 parkway trees, 214 shade trees, 223 evergreen trees and 183 ornamental trees.

Gross Density – development is at 3.65 dwelling units per acre.

Mark Fields spoke about the product:
Specifically geared to the ranch homes, it is centered around first floor master bedrooms, open kitchens, wider doors and bathrooms designed for future aging and all maintenance free.

**Single Family – The homeowner would be in charge of the actual home, exterior and roof but the HOA would be in charge of the landscaping, mowing, and snow removal. It is a maintenance-free living environment. Square footage would range from 1600-2400 s.f. The homes would include 2 bedroom/2bath with a 3 bedroom option. Average sales price in the mid to upper 300s.

**Duplex home – Two-home unit. 2 bed/2 bath. The HOA would be in charge of exterior maintenance. Homeowners do not take on the burden/obligation for exterior maintenance. Square footage would range from 1462 – 1559 s.f. Average sales price in the mid to upper 200s.

**Three-unit attached townhome/villa – Each building has three units. Square footage ranges from 1205 – 1458 s.f. All are 2Bed/2BA. Larger square footage has a third bedroom option. All maintenance exterior shell, siding, roofs, would be taken care of by the HOA as well as snow removal and yard mowing.

Amenities – lifestyle of having an all-inclusive ability to live and play in the neighborhood. Sitting up on a hill will be the 5,000 s.f. clubhouse. It will include a common area, storage facilities for pool uses, pickle ball court, bocce ball, themed gardens, warming kitchen, exercise rooms and picnic areas.

Recommendation of approval by staff for the special use.

Atty. Drendel noted that the audience will have the opportunity to ask questions or address the petitioners.

Those who were planning to speak were sworn in at this time.

Delores Warner, 727 Hartfield Drive, North Aurora – What is the time frame for the project? Mark Fields said they anticipate mass grading within the fall and winter pipe development through the winter. Foundations could be completed in early spring.

John Moe, 214 Ridge Road, North Aurora – How much green space between our homes and the south end of the townhomes and duplexes? Will there be some landscaping added to block the view from west to east from Route 25 to Banbury? Fields said that there is a 40-foot minimum buffer on the north and south perimeter. On the areas of the side of the townhomes to the south will be closer to 50 feet. To the north have maintained a 40-foot separation. Fields said they are proposing additional trees and landscaping on the north and areas to fill in the gaps to the tree line on the east. Buffer landscaping trees will be along the entire south perimeter line.

Beth Hoffman, 447 Bellar Court, North Aurora – Will you be preserving the existing tree line along Banbury and add to it or will you remove and plant new? Fields said the intent is not to clear-cut and take out any substantial areas. As for crossings for stormsewers that could be an impact. There may be a need to move trees. Bruce Mellon (DR Horton) said that they are in the process of evaluating the quality of the trees and will enhance the quality of the streetscape. The plan is to save as many viable quality species and replace as necessary to complete the green screening for residents and rest of community.

Ron Lingle, 700 Doral Lane, North Aurora – What is the traffic impact on Banbury? What has been done to the corner of Banbury and Route 25 since there have been deaths at that intersection? What is being done to improve the water situation so that we don’t get cut off? Fields said they are not asking for any special uses for watering and would follow the village ordinances. In regard to traffic, Justin Opitz with GHA stated that the study was generated by trips of traffic based on normal single family homes and townhomes in order to have more of a conservative analysis. In terms of measuring impacts on intersections, it is measured in terms of level of service and is ranked from A to F. Currently, this intersection at River Road is sitting at a B rank. The rank shows that there would be no impact. Opitz said the site would be generating five trips in the morning off of River and sending out 16. It would bring in 17 trips in the afternoon and sending out 10. Opitz said that the way this development is organized as age-targeted, the trips will be more dispersed because not everyone will be leaving for work at the same time or coming home at the same time in the afternoon. A resident asked when the data was collected. Optiz said that the data was collected on Thursday, September 28, 2017 from 6 – 9 a.m. and 4-7 p.m. Data was collected at Banbury & River, Banbury & Oak Crest and Banbury & Butterfield Road.

Village Administrator Steve Bosco addressed the question regarding water restrictions. The Village has a water conservation effort. This does not mean that the Village does not have water. Residents water between 6 – 9 am and 6 to 9 pm on odd and even days. A lot of towns have that as a conservation effort. The Village has four deep wells and two active towers. We started drilling a 5th deep well this week and approved a 6th deep well at last night’s village meeting. Those should be online in the next year. We are also building a 3rd water tower. This is being done for operational needs, future needs and redundancy.

Audrey Bly, 1307 Turnberry Drive, North Aurora – What the Village’s plan is to remove the coyotes currently living on the golf course land? Fields said that they have not analyzed the coyote population but the coyotes will be existent. They migrate and move to other locations.

Erica Hagen, 2S943 Shagbark Drive, Batavia – Will water be draining into the properties to the north? Answer: All the existing drainage characteristics for the offsite flows will be maintained. If water is flowing from your property now onto our site it will continue to do so. It will make its way into swales and then into our detention basin and release water downstream per the Village and County ordinances. There will be no change to anyone’s stormwater flows. Hagen asked if there are any studies to prove that the water will not be draining from the new changes over to the existing properties. Hagen asked if she could obtain such a report. Village Engineer Jim Bibby said that there is significant natural relief from east to west across the Fox Valley Golf Course acreage. Also, the land plan shows the central lake that runs from southeast to northwest. That was placed to respect the stormwater overflow path and route. Chairman Brackett said that this has been a concern for developers coming into the Village for years. The development has to retain its own water and cannot worsen another property’s water. It can only improve it.

Diana Sharp, 2S965 Shagbark Drive, Batavia – Concern with water running south to north. Sharp said she can see the water run through her back yard to the current hole 7 of the golf course when there is a decent rainfall. It is by the line of trees that will be planted.

Scott Parsons, 2S957 Shagbark Drive, Batavia – Parsons noted that the issue is with the grade of the golf course. Hole 7 is higher than all of the residents’ properties. Water runs off of the golf course and into the back yards. Will the grade be lowered and are there stormsewers that run behind the single family homes to remove the water? Kevin Serafin, design engineer on the project, said that the drainage on the north line will be picked up in storm sewers and swales and brought to the northern detention site. Exhaustive studies have been done to get a thorough understanding of how each individual water shed upstream behaves. DR Horton will work with existing grading and the proposed road grades so that the water gets collected before it leaves the proposed site.

Robin Hicks, 720 Lindsey Circle, North Aurora – Hicks asked if the public would have access to the area, noting that HOAs typically close off their recreational space so it can’t be used by the public. Fields said that areas of the site that back up to private ownership would be private. As far as the ability to use the sidewalks, the site would be accessible through the public walk system. Hicks then asked about the Comprehensive Plan of 2015. In that plan it states the Village is promoting LEED development and sustainable building practices. Fields said that as a builder, they are always looking to improve the quality of their developments. Fields also noted that they are bound by the efficiency requirements of the State of Illinois and the Building Code Requirements in the Village of North Aurora.

Mike Toth noted that the state mandates the energy conservation codes and that the Village has to abide by those codes. Toth also noted that when a development comes into town and does not provide public park land, they have to pay a fee in lieu to the Village, which gets used by the park district towards land for park improvements within the Village of North Aurora.

Pat Lenz, 2S956 Thorncrest Road, Batavia – What will the residents be getting in return for this development? Answer from the DR Horton team: This will be a tremendous attribute since there is a need in this community for this type of development. It will provide a needed housing stock to the Village. This development will also create a tremendous amount of increased taxes that will go to North Aurora and the other taxing bodies.

Mike Toth said that the property is privately owned by the City of Aurora. Once they closed the golf course they made the representation that the property was for sale for development. The Village has met with developers in the past that had not come this far and the Village has to entertain the zoning request. Chairman Brackett said that as a private development there is no tradeoff, however, some of the benefits will be park district improvements, school improvements and improvements to the surrounding communities.

Jerry Kalita, 367 Ridge Road, North Aurora – Mr. Kalita was concerned with the view of their homes due to this development and mentioned that tightening up the duplexes will lessen green space.

Kalita asked if 40 feet from the development’s property line to the back of the buildings would be open. Fields said it would be 40 feet to the property line for duplexes with townhomes having a greater offset. Toth said, per the Zoning Ordinance, buffer yards are only required between residential and non-residential uses. The buffer along Route 25 is the only one required for this development by code of 50 feet.

Ryan Hettinger, 920 Banbury Road, North Aurora – In terms of the buffers, what is the plan with the green space on the west side of Banbury Road? On the Banbury, from the Banbury right-of-way, is 40 feet to the property line and then a building setback from that point.

Maureen Joy, 329 Ridge Road, North Aurora – Joy said that the topography from the townhomes dips down and then rises to the golf course. There are also retaining walls. What is the plan for some of the landscaping by the retaining walls? Will there continue to be the rise? What about runoff? Kevin Serafin said that the intention is to cut down some of the peaks on the four to six buildings closest to the west along the south property line that will preserve the lower swale to direct runoff to the southernmost basin. The existing retaining walls will not be impacted.

Robin Blair, 2S840 Shagbark Drive, Batavia – In terms of the use of the area to the west of River Street, what will be done to let people cross River Street? Fields said they have engaged IDOT to find out what is allowable and not allowable for a pedestrian crossing. Bibby said that a formal request to initiate a study to reduce the speed limit along Route 25 has been submitted.

Chuck Hanlon of WBK addressed the Commission and noted, for clarification, that the duplexes from the property line to the south property line will be 50 feet. The townhomes from the property line to the townhome buildings will be 40 feet. The townhomes are perpendicular to the property line and there is a 60-foot gap from back of townhome to back of townhome.

Scott Parsons, 2S957 Shagbark Drive, Batavia – Has a traffic study had been done for traffic heading toward downtown Batavia on Route 25 & Wilson in the morning or the evening? Parsons said that the intersection is horrible during those times. Another question was about the distance from the single family home building to the lot line.

Bibby said in relation to traffic, it reflects 15 cars in the a.m. peak hour and 10 coming back in the p.m. peak hour northbound on Route 25. This will result in a 2% increase in traffic.

Toth said, in reference to the distance from single family homes to the south property line along Shagbark, if there is a 40-foot buffer between the property line and the north property of the golf course and then the rear yard setback is 30 feet, there would be 70 feet between the property line from their south property line to the nearest structure.

Kathy Miller, 840 Banbury Road, North Aurora – Where is the south entrance going to be placed? Fields said that the south entrance from our property line to our center line is less than 200 feet. It will be north of the resident’s home.

With all of the additional housing, is there a concern with emergency vehicles being able to reach the homes? Steve Bosco said the North Aurora Fire District has not mentioned any additional concerns. Bosco added that he could mention this to the Fire District and get additional input.

Miller mentioned her concern with the speed limit on Route 25. Bosco said he would forward this to the Police Chief. Residents said they have mentioned this to the Police Department in the past.

Lin Dukar, 373 Ridge Road, North Aurora – How many trees will be preserved? Fields said he did not have an actual number but that there are areas that have been identified for preservation.

What communications have you had with the school district and how will children who may be living in the development get to the school without a crossing or bussing? Bosco said that the school district is aware of the development and the Village would keep them updated with questions and concerns.

What are the sizes of the trees that you will be using on the perimeter? Monica Goshorn-Maroney of Gary Weber Associates said that street trees would be provided at 2-1/2 inch caliber and evergreens and ornamentals at 6-foot in height. Toth said that the tree count can be viewed on the Village website. Bosco also noted that packets are posted on the website before the meetings and can be viewed by going to

Sue Nelis, 2W903 Thorncrest Road, Batavia – Nelis said that another traffic study needs to be done and that another concern is with crime during the building process of the development since there was higher crime when two other subdivisions were built in the past.

Amy Lawhead, 604 Wingfoot, North Aurora – Lawhead asked if the petitioner approached the Village or if the Village reached out to the developer. Fields stated that the property was made available through the City of Aurora. D.R. Horton looked at uses related to the site and, as a company, decided the market and local area would support an age-targeted development. Lawhead asked if they have demographics on how many people, 55 and older, are in North Aurora and the surrounding areas. Fields said he did not have a demographic study that was submitted, but their marketing team did look at numerous details to determine the viability of an age targeted community. Lawhead commented that the sale price of the homes is too high for a couple looking to downsize.

Bosco mentioned that when the City of Aurora decided they did not want to operate the golf course any longer, they went through a public process. DR Horton submitted a plan to say they wanted to develop the land. The Village has no control with the City of Aurora putting out a proposal for the land. It then comes to the Village to move forward.

Margaret Gazdacka, Manager of Red Oak Nature Center – When will construction end for the development and will construction traffic be off of Route 25? Fields stated that they anticipate the site to be developed in two phases. Mass grading/drainage would be done in the first phase and the streets and curbs would be looked at in a phased approach. From a buildout perspective, that will be determined by the market. Construction traffic would be coming off of Route 25. Gazdacka asked when DR Horton will be done with the infrastructure. Fields said 4 – 5 months on each phase.

How much will the construction affect those going to impact the Nature Center and those homeowners who live around the property? Fields said this would be regulated by the permit process and IDOT.

What will be the hours of construction? Fields said construction would be done during construction hours allowed by the Village. Toth said that start time is 6 a.m. for Monday through Saturday and 8 a.m. on Sundays.

Toth asked if DR Horton intends to use any of the existing infrastructure (roads to and from the site) as haul roads or staging areas for construction. Answer from DR Horton was that they will be installing all of their required sediment and road control measures. There will be a construction access and will look at using the existing driveway off of Route 25.

In regard to water runoff, Gazdacka said that the nature center gets a lot of erosion with the culverts under Route 25 and all of that goes directly to the Fox River. Will swales collect the pond water and filter the pollutants with natural plantings? How much more water is to be expected? Fields said that the ponds will be built with sediment basins at the infalls and outfalls. There will be naturalized plantings at least on the banks of the ponds. Kevin Serafin stated that as far as stormwater into and out of the sight, the proposed detention ponds are designed with smaller restrictors and will be reducing peak flows by 15%. That retention volume will also assist with the water quality.

Robin Hicks 720 Lindsay, North Aurora – Has DR Horton had an opportunity to work with the Integrated Management Plan of the Fox River Ecosystem Partnership? Answer was that they were not aware of that partnership.

How far in advance should the project proceed before reaching out to the police so that they can study the impact? Toth said that staff meets with the police on a weekly basis. Bosco noted that it was through discussions with the police that the Village was able to move forward to see if IDOT would provide a traffic study for Route 25.

Scott Parsons, 2S957 Shagbark Drive, Batavia – Will the development have gates at the entrances? Fields said no.
How will the developer be able to limit the size of the family since it is an age targeted community? Fields said that the product does not support familial living and the buyer profile does not produce much student impact.

What are the chances that this plan of 55 and over can change if sales do not go the way you are planning? Mike Toth said that through the special use process, a PUD agreement will be drafted. A number of things can be outlined in that agreement. The developer has been very forthcoming that the plan is age-targeted and not age specific. Atty. Drendel said the Village would have some oversight in review of the covenants and the covenants are where a lot of those restrictions would be contained that would be conducive to an older community and not a community with younger children.

Ed Sweeney, 6065 Spyglass Court, North Aurora – Sweeney said he was curious about the road improvements that are anticipated. Banbury Road is a curbless country road. With the Route 25 speed limit at 50 mph, the intersection at Route 25 and Banbury is a tragedy in the making. Will there be any right turn lanes on Banbury Road and Route 25? Clayton Shipley with Knight Engineering said there is no proposed additional turn lanes at Banbury and Route 25. At the entrance of Route 25 there is a left turn lane proposed for access to the site. No proposed improvement on Banbury Road at this time.

Marcia Gerzan, 291 Ridge Road, North Aurora – Concern is density. Density of the duplexes and townhomes. Gerzan noted that if each of the 374 units had two cars, there would be over 800 cars in the development.

Joel Hagan, 2S943 Shagbark Drive, Batavia – Did the traffic numbers came from a professional engineer? Answer was that the existing numbers came from the cameras and was viewed by a professional engineer. Did North Aurora waste money by coming up with a land use plan only to change it once someone requested a major deviation? Atty. Drendel said that North Aurora does not dictate who builds or who owns property. North Aurora creates zoning but it has to be flexible. The Village can’t be so rigid that no one can build anything in the community. There always has to be an adjustment for a development.

Steve Bosco said there may be some confusion between a Comprehensive Plan and a strategic plan. Staff takes the plan and gets it to the most workable plan possible and brings it forward to be voted on. The strategic plan is a set of goals and objectives the Village sets. The Comprehensive Plan is a longer range plan, looking 20 years out as to what the Village plans to see in the future.

Atty. Drendel said that with a PUD, sometimes there are deviations so that the Village can get something in return. The developer could have come in with a plan that was all duplexes that met straight zoning where they would not have to request anything from the Village. A plan like what is being presented provides more open space.

John Moe, 214 Ridge Road, North Aurora – Upon completion of the development, taxes will come up to $1.7 million combined. Does North Aurora and Aurora share that? What kind of fence will be allowed in this new development? Fields said the resident will not be able to put up just any type of fence. This would be a part of the restrictions within the CC&R’s to restrict fencing styles. Bosco said in reference to taxes, since it is already annexed into the Village, the taxes would go to all of the taxing bodies that surround it: North Aurora Fire District, Village of North Aurora, Fox Valley Park District and School District 129.

Johnny Lloyd, 456 Bellar Court, North Aurora – Can the residents come up with a plan and do away with the current proposal? Atty. Drendel said that this would be up to the petitioner. Lloyd suggested making Lippold Park a beautiful park that all residents could enjoy and more open space. Drendel said that pitch needs to be made to the land owner. Public bodies can’t hold land hostage with what a property owner wants to do with the property. Toth said there were rights of first refusal given to certain park operators before the developers, but no one has expressed interest in the property.

James Lawhead, 604 Wingfoot Drive, North Aurora – Why age targeted rather than age restricted? Fields said that restricting to a specific age limits the buyer profile. In a restricted environment, you are reducing your targeted buyer. Also, in a restricted environment, there is a lot of time and effort going back to school district or park districts or the Village to renegotiate fees. It is a combination of marketability, resale-ability and practical nature of the time to other governing bodies.

If a group of four guys wanted to buy a house, would they be restricted from doing so? Fields said that with restrictions in the HOA, there are car restrictions and restrictions that would limit what they could do.

When DR Horton leaves, how do they hold the homeowners association intact? Fields said that the Village would have some control.

Tom Sharp, 2S965 Shagbark Drive, Batavia – Can the Village tell the builder that it wants the development to be restricted to people 55 and over? Drendel said it is possible. They could push forward with this plan if they wanted to. Sharp asked if the Village wanted to mandate an age restriction. Fields said he does not have an answer and this not in their application, but if the Village wanted to attach that to the request, they would have that ability. Drendel questioned whether it would be an appropriate land use restriction or regulation. Sharp said that there is nothing in place to say that a family of four couldn’t move in to the development. Fields said the product does not support single family living. Sharp proposed to see that restriction put in place. Toth said the existing zoning right now allows for single family development with no restrictions. By right, someone can put in single family homes.

Iosue said the Village updated the Comprehensive Land Use Plan a few years ago and this property was identified as a potential redevelopment site and suggested that what the petitioner is asking for is in line with the Comprehensive Plan

Bosco said it is already zoned R1 so a development comes in and if they don’t ask for a deviation, they can go and build it.

James Lawhead, 604 Wingfoot Drive, North Aurora – What type of materials for the outside façades? Answer was a mixture of vinyl and natural materials.

-What type of warranty on the homes? Answer – did not have this information available. Lawhead said that warranties need to be provided to the Village.

-Will there be basements? - Answer - yes.

-What type of shingles? Answer - architectural shingles.

-What is the distance between each home? Answer – 10 feet. Lawhead said he is concerned with fire spread since the homes are so close together. Fields said that this is the existing sideyard required setback.

-How is landscaping and maintenance of the property enforced? Fields said it is done through contracts that are set aside for the different maintenance items. There is also an extensive HOA contract.

-What kind of study has been done regarding waterflow drainage? Jim Bibby stated that the offsite tributary was studied extensively for this project. It is 240 acres tributary and includes a number of properties including east of Hart Road and half the acreage of Marmion.

Kevin Serrafin said that supplemental surveys were done. They worked with the Village and got plans for the Banbury Ridge subdivision, Fox Valley Country Club Estates subdivision, The Vineyards subdivision and modeled each one of the stormwater management facilities. DR Horton has a clear understanding as to how the watershed operates.

Dan Calabrese, 2S973 Shagbark Drive, Batavia – Will there be any street lights in the subdivision? Answer was yes.

If the houses do not sell, do any houses need to be enrolled in section 8? Answer was no. This is not a section 8 housing development.

Will any of the trees along the northern tree line be touched? Answer – Tree line on the north is identified as a protection area.

Will anyone from DR Horton be in attendance to supervise the tree demolition? Fields said that the site contractors will be present to supervise.

Amy Lawhead, 604 Wingfoot Drive, North Aurora – Is there any way the Village of North Aurora will say they do not want this project to come into the Village or is this a done deal? Bosco said that this is not a done deal and the Commission is appreciative of the turnout of residents so that concerns are noted. Bosco noted that the builder could come in and build R1 since that is the current zoning.

The Plan Commission will look at this and make their recommendation. If approved or denied by the Plan Commission, the petitioner has the right to go forward to the Village Board. The Board is the only board that has the authority to approve the project. The next step after the Plan Commission would be at the Committee of the Whole meeting. After that, the Village Board can take action to approve or deny.

There were no further questions. Chairman Brackett closed the public portion of the hearing.
Commissioner Comments

Commissioner Anderson asked Jim Bibby if there have been other traffic studies at Banbury and Route 25 – Bibby said this was reviewed by Steve Grabowski in Bibby’s office. It is a moderately low traffic total volume, the concern being the a.m. and p.m. hours. There was another study but it would have been done three or four years ago. Bibby said he believes the counts are accurate and that the study was appropriately done; on a single day with clear weather.

Anderson asked the developer about reviewing the overall landscape plan. Plantings are six feet or lower in height. Would like to see more greenscape. The developer needs more of an effort to try and enhance the view the current homeowners will be looking at. Identify the fence profile and a list of the approved materials. Any light that can be shed about the HOA would be helpful so that homeowners have a full understanding. Provide some information on the turnover language so the Village and residents know when the developer is no longer responsible for the HOA and the upkeep.

Anderson asked if it is the builder’s intention to build the units on a per contract basis or a built for sale with a spec use projection. Fields said that DR Horton is a spec builder so there will be more of those as well as constructed/buyer select options.

Commissioner Duncan asked for the reasoning for the departure of 140 feet for the streetlights. Fields said they are looking for a minor departure and requesting the lights be farther apart. This would not be for all lights, only selective spacing in areas. Toth asked if they will use LED lights. Answer was, yes. It would be detailed in the plans and will be built to the Village spec.

Duncan asked what is meant by a “horizontal reversed curve”. Serafin said it is an S curve and the Village requires a certain length, a hundred feet of tangent. There is one area in the plan that is shorter. Toth said that the Fire District has reviewed this. Duncan said the one cul-de-sac in the middle of the development looked tight.

Duncan said that the biggest issue is density.

Commissioner Tuohy said she was also concerned with density. Tuohy asked if there will be evergreens or deciduous trees at the south and north property line. Monica from Gary Weber Associates said that buffers along the property line will include a mixture of shade, ornamental and evergreen trees. Tuohy encouraged a heavier evergreen population.

From a waste management perspective, is there going to be a central location or individual for pickup? Fields said that Waste Management would serve at the driveway line. On the public streets, waste management will serve at the property line. For the attached product, there will be a designated collection at the curb.

Tuohy asked if there are different elevations. Fields said that the exterior on the single family will be a mix of natural stone or brick with vinyl. There will be multiple elevations for the attached buildings.

Commissioner Holbrook noted her concern about the price point. What will be the cost of the HOA? Fields said that the single family assessment will be less than the attached product. The assessment for common area will be equal.

Holbrook asked about having a left hand turn from Route 25 into the subdivision. Will there be a right turn lane as well as a left turn lane into the subdivision? Clayton Shipley said that there is a proposed left turn into the site. There is no right turn lane into the subdivision.

Commissioner Lenkart asked the builder if they would be requiring different colors on the buildings so that they are not all the same. Fields said they would set up some of the anti-monotony requirements.

Lenkart asked why the floor plans were not included in the packet. Fields said that he normally does not submit those at the preliminary stage, but could submit those as a follow up item. Lenkart asked about the width of the sidewalk and when the walking paths would be built. Answer on the sidewalk was five feet. Amenities and paths will be done within the first phase of development. Lenkart said he would like to see as much of the walking paths completed by then.

Lenkart questioned the plan for a splash pad. Fields said that splash pads have become very popular with grandparents. It allows them to do be involved with the kids through something other than a pool. Lenkart asked how much of the plan will be flat. Jim Bibby said the open spaces in the interior were focused in on to preserve the overflows and the natural depressional storage areas and the mature trees. DR Horton said they made sure they utilized the existing terrain and preserved the naturalized areas.

Lenkart asked what would prevent the storm water detention ponds from overflowing and flooding Route 25 during a major rainfall. Answer was that they are designing the improvements around the standards of the Kane County Stormwater Ordinance. Have modeled this for the 100 year storms. Also reducing the peak flows to the Route 25 right-of-way. Bibby suggested Lenkart look at the contours on the lakes that are being created, adding that it is a massive storage potential.

Lenkart said that there are 80 trees identified as needing to be removed. What percentage will be left of the inventoried trees? Lenkart said he would like to keep as many as possible and put in evergreens for screening during the winter. Toth said the ordinance is written to preserve trees. Lenkart said that there should be a serious fine if the developer takes down a tree that was not supposed to be removed.

Lastly, Lenkart said that the development should be age restricted rather than age targeted.

Commissioner Bozik asked why they are not being made to install curb and gutter along Banbury Road. Bibby said on the east side of Banbury, across the frontage, is a saw tooth of portions of unannexed property. The street was just reconstructed three years ago with a rural cross section and a very substantial pavement to stay as a rural cross section. That project did not envision tearing the street up and going to curb and gutter. Bozik said this seems to deviate from putting curb and gutter throughout the village.

Bozik suggested that Sussex Court, west of Darwin, be widened to 33 feet to accommodate fire apparatus. Bibby said that is a very good point.
Bozik said that he spoke with Chief Lambert to address some of his issues. The building separation with a 5-foot sideyard setback is unacceptable. A 10-foot distance between houses, especially houses with vinyl siding, is problematic. In the Village’s Zoning Ordinance, everything is a minimum of 10 feet. Need to stay with a 10-foot sideyard setback. Eliminate the R1A zoning and go straight R1 and change lot sizes and require a 10-foot sideyard setback. In the Village’s zoning map, there is no reference to R1A. Leave street lights at 250 feet and if a deviation, it would be at the discretion of the Village Engineer. This is a subdivision in which we are catering to 55 and older and reducing the lighting is a security issue. Bibby said that staff agreed. Bozik said that age restricted is more efficient.

Bozik stated that no one anticipated a large piece of property that is already annexed into the Village being developed like this. When it comes to the fire department impact fees, there was never any thought for making the provision for property that is already annexed into the Village. As the plan stands, with the 374 units at a $715 per unit impact fee, it would be $267,000 that the fire district would receive for impact fees, but as written now, will not.

With a 750-1069 population, this will increase the call volume from 91-130 calls per year. Bozik said that consideration should be made to ensure there is an impact or gap fee that is provided to the Fire District.

Bozik noted that density is a big concern. If the land was strictly R1 zoning, the Village would be looking at 230 units. The proposed 374 units constitutes a 61% increase in density.

Mike Toth noted the following Conditions:
1. Led street lights per Village specification
2. Additional evergreens around perimeter of property
3. Sussex Court widened to 33 feet
4. 10-foot setback for single family homes
5. Distance of street lights per village engineer
6. Fire district impact fee
7. Additional traffic study
8. Tree fine

Curb and gutter on Banbury and age restricted vs. age targeted was not placed as a condition but as a discussion item.

Motion made by Commissioner Anderson and seconded by Commissioner Lenkart to approve and move forward to the village board subject to the conditions noted and also for map amendment, special use and the preliminary subdivision plat. Roll Call Vote: Tuohy – yes, Bozik – yes, Lenkart – yes, Holbrook – yes, Anderson – yes, Duncan – yes. Motion approved.

Motion to adjourn made by Commissioner Lenkart and seconded by Commissioner Bozik. All in favor. Motion approved.

Respectfully Submitted,

Lori J. Murray
Village Clerk

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Village of North Aurora
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