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Plan Commission Minutes

 VILLAGE OF NORTH AURORA
PLAN COMMISSION MEETING MINUTES
NOVEMBER 7, 2023
CALL TO ORDER
Commissioner Tom Lenkart called the meeting to order at 7:05pm.
ROLL CALL
In attendance: Commissioners Anna Tuohy, Aaron Anderson, Tom Lenkart, Richard Newell, Mark Bozik and Doug Botkin.
Not in attendance: Chairman Mike Brackett; Commissioners, Alex Negro and Scott Branson.
Staff in attendance: Community Development Director Nathan Darga and Planner David Hansen
APPROVAL OF MINUTES
1. Approval of Plan Commission Minutes dated September 5, 2023
Motion for approval was made by Commissioner Bozik and seconded by Commissioner Botkin. All in favor.  Motion approved.
PUBLIC HEARING
1. Comprehensive Plan Amendment: 2023 Comprehensive Plan Update
Motion to open the public hearing was made by Commissioner Newell and seconded by Commissioner Bozik. All in favor. Motion approved.
Community Development Director Nathan Darga introduced the Comprehensive Plan Amendment item for the 2023 Comprehensive Plan Update. Darga shared the current Comprehensive Plan was originally done by Houseal Lavigne in 2015 and is the blueprint and guide for future development in the Village. Since 2015, the Village has renewed its boundary agreements with Aurora, Batavia, and Sugar Grove. The Village has contracted with Houseal Lavigne again to complete an update of certain sections of the plan. Darga shared the updated plan, which included updates to the existing and future land use maps, residential areas plan, commercial and industrial areas plan, parkland supply plan, transportation plan, and some of the subarea plans, most notably the IL 31/56 Village Center/Block One subarea plan. Darga shared the number of vacant, platted, residential lots have decreased from 327 to 124 and the Village has added 1,100 housing units since 2015. The Village has also added 15 new commercial or industrial buildings since 2015. Darga said Houseal Lavigne had individual meetings with the Village Board to help update the IL 31/56 Village Center subarea plan with a vision and new graphics.
John Houseal, of Houseal Lavigne, introduced himself and shared that the project was mostly worked on by his business partner Devin Lavigne, but he couldn’t be here this evening. Houseal shared details regarding the Village Center development concept and said his staff met one on one with the Village Board for this particular area in the Village. Houseal said the Board comments for the area are included in the added page in the Comprehensive Plan. Comments in the newly added section describe the current character of the Village Center, the assets and advantages, weaknesses and issues, and the vision for Village Center along with a high level redevelopment concept of the area. The new and relocated fire protection district station is included in the subarea plan. Houseal added that subarea plans, and redevelopment concepts are just illustrious concepts and not a proposed development. No one is suggesting or has the Village indicated they are going to acquire property’s or condemn properties.
Houseal added a Comprehensive Plan is a 20-year document that should be updated every 8 to 10 years since things change. A Comprehensive Plan asks ‘what if’ redevelopment happens, and property owners want to sell their property for redevelopment. Industrial and residential areas typically stay the same over time while some areas are more subject to change. Some areas are more susceptible to development pressures and present greater opportunities for developer interest. Houseal said the concept for the Village Center includes a 2 or 3 story mixed use building with retail, restaurant and commercial uses on ground floor with apartments and/or condos on the floors above. The Board suggested that Monroe street be a pedestrian dominant street and should try to mimic Batavia’s River Street idea. Houseal said the plan calls for a quaint mixed-use concept along Monroe St, which would be a riverfront orientated district. Houseal added that the concept just shows the characteristics for a potential development for anyone interested in developing the block and understand some residential properties are still on this block and any plans for development going forward would require a willing seller and buyer to assemble properties and a developer would need to bring some plan forward to the Village. Houseal said this area is an area of focus  since its one of the key changes in the Comprehensive Plan Update.
Commissioner Bozik asked if any zoning districts were changed on this plan compared to the 2015 plan. Darga said mostly the municipal boundaries have been updated, but no new zoning districts have changed or added and property on the western edge of the Village are still zoned for large estate style lots. Commissioner Bozik asked if Number 2 in the residential plan has changed since last plan. Darga mentioned its very similar and still has single family to the west and as it moves eastward to Orchard it becomes Orchard flex, which allows for the potential of higher densities for residential and regional commercial uses near the Orchard Corridor. Commissioner Bozik asked about the land along Hart Rd labelled as number 10. Darga said it’s a flex area within the Aurora boundary line agreement, which allows the developer to choose what municipality it wants to annex to. The Aurora boundary agreement does call this area to be residential regardless of what municipality annexes it. Darga added the land is unincorporated Kane County currently. Commissioner Botkin, Newell, Tuohy and Anderson all had no questions or comments.
Commissioner Lenkart asked about the Hart Rd area and shared his concern regarding Aurora jumping boundary lines in the Village as it has in the past such as jumping I-88 on the southwestern end of the Village. Commissioner Lenkart asked if there was a way the Village could ensure Aurora doesn’t forcibly take it. Darga said the developer would most likely reach out to the municipality not the current property owner. The Village would prefer to have the land, but the Village cannot prevent Aurora from having it if the developer prefers to go that direction.
Commissioner Lenkart asked about the alley in the Village Center area adjacent to new fire station. Darga said the alley is still there and will remain in some form due to it being an access point for new station for its vehicles. Parking for the site would most likely be on site or underground for a future development. Houseal added buildings are at or near sidewalk to help with parking for the site. Houseal continued that a future developer may show buildings in different locations or have more green space, but the concept plan in the Comprehensive Plan is for scale and general orientation of how it could be someday. Darga added that since the fire district new station is under construction now, it will probably be at least a year before any development would occur in this area. Commissioner Lenkart asked about the converting of houses to commercial on the west side of IL 31 between Oak Street and State St. Darga added the subarea plan calls for houses to be converted to commercial as development occurs in that area.
Bill Slaker, property owner of 129 S Lincolnway, had a question regarding the property’s use flexibility on the west side of IL 31 directly south of the ComEd easement. Slaker added there has been industrial interest and was concerned the property didn’t allow for such use and access onto IL 31. Commissioner Bozik asked Slaker if the property is zoned properly in the Comprehensive Plan and asked staff if the zoning in the updated plan is different than 2015’s plan.
Darga mentioned it is shown as residential in one section of the plan. Planner David Hansen mentioned the property’s zoning was not changed compared to the 2015 plan. Hansen added the property is mentioned in the future land use plan as Village Center and mixed use and is also mentioned in the subarea plan section as a mix of uses and to maintain flexibility, which would include a combination of residential, commercial, and industrial uses. Hansen added the property is zoned Estate Rural (E-R) still and regardless of development, it would need to be rezoned and is probably one of the most flexible use parcels in the Village. Hansen also added if a developer is interested, the Village can sit down and discuss the concept and area with them, but the access on IL 31 for semi-trucks has been a cause of concern in the past. Commissioner Bozik said it sounds like the way the property/area is laid out in the Comprehensive Plan provides Slaker with the most flexibility based on the market. Darga added the subarea plan calls out what the Village would like to see on IL 31 in terms of less curb cuts, burying of utility lines, and possible road diet, but ultimately IDOT will drive the discussion on that. Slaker asked if Airport Rd / IL 31 intersection improvements were still going forward. Darga said it is still in the works.
Stacy McReynolds, property owner of 36 Monroe St, thanked Houseal for addressing their concerns and mentioned she talked to Devin last night, at the Village Board Committee of the Whole meeting, who provided a lot of insight as well. McReynolds said both homeowners on Monroe St are in attendance this evening and had a question regarding 40 Monroe St, which was just purchased by the Village. McReynolds also stated they have no interest in selling their home but heard the building on 40 Monroe St will be demolished in the next 4-6 weeks. Darga said that is approximately the time frame as the property is out for bid right now for demolition. McReynolds asked since the land will be sitting vacant, is there a possibility to make it into a community garden. McReynolds said she knows of several surrounding communities who have community gardens and knows a nonprofit that could help out should the space be able to be turned into a community garden. McReynolds added the Garden club meets at Messenger Library, which is right down the street. Darga said this probably wouldn’t be mentioned in the Comprehensive Plan, but once the Village owns the property it may be a good short-term use, but that would be up to the Village Board to decide.
Motion to close the public hearing was made by Commissioner Tuohy and seconded by Commissioner Botkin. All in favor. Motion approved.
2. Petition #23-05 (Amendments to Title 17 of the North Aurora Municipal Code): The Village of North Aurora requests text amendments to Title 17 of the North Aurora Municipal Code (Zoning Ordinance) amending provisions regarding administrative procedures, nonconformities, and other corrections and clarifications.
Motion to open the public hearing was made by Commissioner Tuohy and seconded by Commissioner Bozik. All in favor. Motion approved.
Planner David Hansen introduced Petition #23-05, Amendments to Title 17 of the North Aurora Municipal Code, which refers to the Village’s Zoning Ordinance. Hansen stated the Village of North Aurora is requesting text amendments to the Zoning Ordinance and amending provisions regarding administrative procedures, nonconformities, and other corrections and clarifications. Hansen added staff reviews the Village’s Zoning Ordinance on an ongoing basis to ensure it is consistent with how the Village enforces the Ordinance and is up to date with the best practices for planning and zoning. Hansen stated the six proposed text amendment sections are summarized in the memo in the packet. There are six proposed amendments, and they are in six different chapters of the Zoning Ordinance.
Hansen added most of the proposed amendments are code clean ups and clarifications. Darga mentioned the packet has a redlined version of all the amendments that are being proposed.
• Chapter 3.4 – refers to public notice public hearing signage requirements and would remove five of the ten lines on the sign. The lines proposed for removal are subject property owner, subject property address, applicant, applicant phone number, and current zoning of the subject property. Hansen mentioned removing these items would make it easier for residents and property owners to read the sign and would make the Village the main point of contact.
• Chapter 4.5 – would remove redundant language regarding the Village’s Temporary Certificate of Occupancy process. The current language is outdated and would be updated to point readers to the Temporary Occupancy section of the North Aurora Municipal Code, which is located in Chapter 15, Buildings and Construction.
• Chapter 7.3 – would remove provisions for average setback line for lots in residential subdivisions. Commissioner Lenkart asked what this section means. Hansen said it mostly relates to older subdivisions with vacant buildable lots. Hansen added a new build home wouldn’t be able to be placed six feet from the average setback in the subdivision. Darga added no one on the Village side knew what this was and why it is in the code to begin with. Hansen said the Village current zoning district setbacks would still apply, which help keep the subdivisions character from a setback perspective.
• Chapter 12.1 – would move the nonconforming minimum lot size and lot width provisions to Chapter 15.5 nonconformities lots of record section and remove redundant language regarding obstruction of watercourse channels in the Village. The current language for obstruction of watercourse channels is outdated and would be updated to point readers to Chapter 15.64 of the municipal code, which is located in Chapter 15, Buildings and Construction.
• Chapter 15.5 – would amend the nonconformities lots of record section with updated minimum lot size and lot width provisions to add clarity and improve the format of that section.
• Chapter 16.2 –  pertains to definitions in the Village’s Zoning Ordinance.  The proposed amendments for this section include adding interpretation language for the word “should”, updating the dictionary the Village uses for words not mentioned in the Zoning Ordinance, and adding rounding definitions for minimum requirements, maximum limits, and all other fractions and decimals in the Zoning Ordinance.
Commissioner Tuohy mentioned she was happy to hear the public hearing signage was being addressed since it is very difficult to read currently. Tuohy added it’s always good to reduce redundancies in the Zoning Ordinance since it’s such a large document to begin with. Darga mentioned he was surprised how much language is required on the current public hearing signs. Darga said most towns only have the few items required by state statue.
Commissioner Newell, Anderson, Lenkart, Bozik and Botkin all had no questions or additional comments. Darga mentioned more text amendments may be on the horizon in the near future, and one will be addressing the types of uses in all zoning districts of the Village. Commissioner Anderson asked if the Village Board has reviewed these proposed text amendments. Darga said no, since they are located in the Zoning Ordinance, the Plan Commission is the first stop, and the Village Board will review them at their next meeting with formal approval most likely coming in December. Hansen added there is a draft Ordinance of the proposed amendments attached, which will be reviewed by the Village Attorney and Board upon it being voted on.
Motion to close the public hearing was made by Commissioner Botkin and seconded by Commissioner Tuohy. All in favor. Motion approved.
NEW BUSINESS
1. Comprehensive Plan Amendment: 2023 Comprehensive Plan Update
Motion for approval of a Comprehensive Plan Amendment as presented was made by Commissioner Bozik and seconded by Commissioner Newell. Vote: Tuohy – Yes, Andersen – Yes, Lenkart – Yes, Newell – Yes, Bozik – Yes, Botkin – Yes. Motion approved.
2. Petition #23-05 (Amendments to Title 17 of the North Aurora Municipal Code): The Village of North Aurora requests text amendments to Title 17 of the North Aurora Municipal Code (Zoning Ordinance) amending provisions regarding administrative procedures, nonconformities, and other corrections and clarifications.
Motion for approval of Petition #23-05 (Amendments to Title 17 of the North Aurora Municipal Code) as presented by staff was made by Commissioner Bozik and seconded by Commissioner Newell. Vote: Tuohy – Yes, Andersen – Yes, Lenkart – Yes, Newell – Yes, Bozik – Yes, Botkin – Yes. Motion approved.
OLD BUSINESS – None
PLAN COMMISSIONER COMMENTS AND PROJECT UPDATES
Community Development Director Nathan Darga provided a construction update to the Fortunato restaurant development. Darga said steel finally has gone up, the roof for the building is on and the property owner is hoping to get it sealed before winter. Over the winter months, the property owner hopes to finish the inside and is hoping to open in April. Darga added Verilife has finally picked up their permit and have started to work on the build out at 2080 W Orchard Rd. Darga shared Riverfront Ram put up silk fencing this week and will have a site development permit issued once a Letter of Credit is submitted, which should be in about a week or two.
ADJOURNMENT
Motion to adjourn made by Commissioner Tuohy and seconded by Commissioner Botkin.  All in favor.  Motion approved.
Respectfully Submitted,
David Hansen
Planner
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