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Plan Commission Minutes

JULY 10, 2018

Trustee Rivecco called the meeting to order. Rivecco noted that this special meeting was scheduled to replace the meeting that was originally July 3rd.

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

Staff in attendance: Community & Economic Development Director Mike Toth, Village Administrator Steve Bosco.

1. Approval of Plan Commission Minutes dated April 3, 2018
Motion for approval made by Commissioner Tuohy and seconded by Commissioner Lenkart. All in favor. Motion approved.

1. Petition #18-08 (110 Oak Street) The petitioner requests a map amendment to rezone the subject property from O-R Office Research District to R-1 Single Family Residence District
Commissioner Rivecco opened the public hearing. Community & Economic Development Director Mike Toth introduced the petitioner.

John Demars, 1203 Cantigny Court, North Aurora – Demars said that he is the current owner of the property at 110 Oak Street in North Aurora. He purchased it in 2005 to open a business and also reside there. At the time, he asked for a B-2 zoning and was given O-R. He was given zoning for a residence on the top floor and business on the main floor. Demars said he ran his business for 7 to 8 years and then moved the business elsewhere. He has the house up for sale and when the prospective buyers went for a loan, the bank refused since if the home were to burn down, it can only be rebuilt as O-R. Demars requested zoning the property back to R-1.

Toth noted that the Comprehensive Plan recommends single family for the property.

Rivecco closed the public portion of the hearing at this time.

Motion made by Commissioner Lenkart and seconded by Commissioner Tuohy to accept the findings of the petitioner and the Staff Report to change the zoning from O-R Office Research District to R-1 Single Family Residence District. Roll Call Vote: Commissioner Lenkart – yes, Commissioner Tuohy – yes, Commissioner Holbrook – yes, Commissioner Anderson – yes, Commissioner Rivecco – yes. Motion approved (5-0).

Rivecco reopened the public hearing for petition #18-07.

2. Petitioner #18-07 The Village of North Aurora requests a Text Amendment to Title 17 of the North Aurora Municipal Code (Zoning Ordinance) regarding small wireless facilities
Bosco said there this item was to be placed on the agenda for the evening’s meeting, however, the Village Attorney still wanted to review before being presented to the Plan Commission. This will be discussed at the next Plan Commission meeting.

Rivecco said he would close the hearing and table the issue to the next Plan Commission meeting.

Bosco said that the small cell wireless bill is a state law that went into effect June 1st. The Village has 60 days to pass an ordinance to regulate small cell wireless facilities in right of ways. Small cell is telecommunication antennae systems that are about six cubic feet. The law states that telecommunication wireless companies can put these anywhere throughout town or anywhere on private property on commercial and industrial zoned properties. State regulations state that they cannot put them on a higher than 45-foot pole.

Bill Slaker of North Aurora asked, if a property is zoned B2 but is used as a residence, the wireless facility would be allowed. Answer was yes.

Further discussion was tabled to a future Plan Commission meeting.

Mike Toth noted the following:
1. Lincoln Valley on the Fox – Approved by the Village Board. All of the conditions from the Plan Commission and staff were either approved or conceived by the developer. The only thing that did not pass was the setback.
2. MOKA Coffee Shop at 24 S. Lincolnway – Building permit was approved. IDOT required the south access point adjacent to John to be closed. There will be one access off of Route 31 and one off of John Street.
3. 511 Sharon Lane fence variation – approved by the Village Board.
4. Business District Design Guidelines – approved by the Village Board.

Holbrook asked what can be done to restrict parking on both sides of the road by Fern Elementary and Hawksley & White Oak. Holbrook said that it is a busy thoroughfare and cars speed through the area. This is a concern in June and July during baseball games as well as during school functions. Bosco said he would speak with Chief Fisher tomorrow regarding the issue.

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

Respectfully Submitted,

Lori J. Murray
Village Clerk


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