VILLAGE OF NORTH AURORA
PLAN COMMISSION MEETING MINUTES
APRIL 2, 2024
CALL TO ORDER
Chairman Mike Brackett called the meeting to order at 7:00pm.
ROLL CALL
In attendance: Commissioners Anna Tuohy, Aaron Anderson, Alex Negro, Richard Newell, Mark Bozik, and Doug Botkin.
Not in attendance: Commissioners Tom Lenkart and Scott Branson.
Staff in attendance: Community Development Director Nathan Darga, Planner David Hansen, Village Administrator Steve Bosco, Public Works Director Brian Richter, Assistant Public Works Director/Village Engineer Brandon Tonarelli.
APPROVAL OF MINUTES
- Approval of Plan Commission Minutes dated March 5, 2024.
Motion for approval was made by Commissioner Tuohy and seconded by Commissioner Newell. All in favor. Motion approved.
PUBLIC HEARING
- Petition #24-08 (161 S Lincolnway): The petitioner, CW 1 Dispensary, LLC, requests a Special Use to allow an Adult-Use Cannabis Dispensing Organization on the property located at 161 South Lincolnway in North Aurora, Illinois.
Motion to open the public hearing was made by Commissioner Botkin and seconded by Commissioner Newell.
Planner David Hansen introduced Petition #24-08. The petitioner, CW 1 Dispensary, LLC is requesting a special use to allow an Adult-Use Cannabis Dispensing Organization on the property located at 161 S. Lincolnway. The property is located in the B-3 Central Business District. Hansen shared that in early 2024, the Village was notified that Pharmacann (dba Verilife) would be moving to their new site on Orchard Rd in Spring 2024. According to Pharmacann their state license only allows for selling cannabis at one location and is moving out of its current location at 161 S Lincolnway. With Pharmacann moving to its new location, one Adult-Use Cannabis Dispensing Organization location is now available within Village limits. Per the Use standards for Adult-Use Cannabis outlined in the Zoning Ordinance, the Village allows a maximum of two (2) Adult-Use Cannabis Dispensing Organizations located in the Village of North Aurora.
Hansen said the petitioner, CW Dispensary 1, LLC, is proposing an Adult-Use Cannabis Dispensing Organization at 161 S. Lincolnway in Units 301, 302, and 304. The proposed dispensary plans to operate within Unit 301 (1,749 square feet) and expand to Unit 302 and 304 in the near future. The total square footage of the dispensary, fully built out in all three units, is approximately 3,578 square feet. This initial footprint and expansion plan would be identical as the previous dispensary. Hansen said, as the Plan Commission may recall, in 2021 the Village Board granted a special use to Pharmacann, LLC to allow them to expand their Adult-Use Cannabis Dispensing Organization at 161 S. Lincolnway into Units 302 and 304. Hansen noted the dispensary at 161 S. Lincolnway was never expanded.
Hansen said there is no specific parking requirement for the Adult-Use Cannabis Dispensing Organization use so it would be classified as a general retail goods establishment, which requires four off-street parking spaces per 1,000 square feet of gross floor area. With 3,578 total square feet of area, the proposed use would require fourteen (14) total off-street parking spaces. There are one hundred forty nine (149) existing off-street parking spaces on the subject property, which are shared amongst the various building tenants. Hansen said according to the petitioner, fifteen (15) parking spaces will be specifically reserved for dispensary customers.
Hansen said the petitioner has submitted all special use requirements and staff finds that the information presented meets the Standards for Specials Uses and Adult-Use Cannabis Use Standards as set forth in the Zoning Ordinance. Hansen said staff recommends approval of Petition #24-08 subject to the following five conditions in the staff report. Hansen introduced the petitioner.
Katriina McGuire from Thompson Coburn introduced her client David Michaud who is the COO of Cannect Wellness and the co-property owner for 161 S. Lincolnway. McGuire said the new dispensary will be pretty much identical compared to the current dispensary that has been operating over the last few years at this location. David Michaud introduced himself and is one of the co-founders of Cannect Wellness, which is a craft grower and cultivation company that is located in Franklin Park. Michaud said the craft grower business is located in a 62,000 square foot warehouse building and has sixteen employees at the site. Michaud is the property manager for the 161 S. Lincolnway building and shared there is a $1.6 million renovation to the VA Clinic that is currently under permit. Michaud presented a PowerPoint overviewing the company and showed floor plans for the site. The presentation also showed a security plan, signage, hours of operation (same as current dispensary) and anticipated number of employees for the site (15-20 employees).
Commissioner Botkin asked if there are any differences compared to the current dispensary at this location such as product, delivery schedules, etc. Michaud said the cameras frames per second would need to be upgraded to meet the current standards, but in terms of the operation no significant differences. Chairman Brackett asked if any audience members had any comments. No audience members had any comments.
Chairman Brackett closed the public hearing.
- Petition #24-02 (300 and 314-318 Butterfield Rd): The Village of North Aurora requests the following actions in the I-1 Limited Industrial District and I-2 General Industrial District:
- Map Amendment
- Special Use – Planned Unit Development
- Site Plan Approval
- Preliminary Final Plat of Subdivision
Motion to open the public hearing was made by Commissioner Tuohy and seconded by Commissioner Bozik.
Community Development Director Nathan Darga introduced Petition #24-02, which is the Village of North Aurora requesting to build a new Public Works Facility on 300 and 314-318 Butterfield Rd. The Village is looking to build an approximate 50,000 square foot new public works facility, which is just west of the current public works facility on vacant land. Darga showed a PowerPoint presentation outlining the petition and its requests. The site is currently owned by the Southern Kane Couty Training Association (SKCTA), a non for profit organization made up of the North Aurora Fire Protection District and the City of Aurora Fire Department. The site is used for training. The northern portion of their property is vacant and that is the area the Village is looking to land swap with the SKCTA. The SKCTA owns and operates a 7.8 acre fire training site at 300 Butterfield Road. The Village of North Aurora owns the 5.7 acre lot to the east at 314-318 Butterfield Road. Once the new building is built, the association will get the old Public Works building to store their equipment. Darga shared the Village is looking for a map amendment, special use planned unit development, site plan approval, and preliminary final plat of subdivision as part as this petition.
In regard to the Map Amendment, Darga said the SKCTA property is currently located in the Village’s I-1 Limited Industrial District. The Village Property is currently located in the I-2 General Industrial District. The Village is requesting a Map Amendment to rezone the I-2 property down to I-1 to have consistent zoning throughout the site. The Public Works building would be classified as a “Village Office or Facility” and the SKCTA training site would fall under “Educational Facility, Commercial or Trade.” Both are permitted uses in the I-1 District. The Comprehensive Plan calls this area out as Public or Semi-Public uses, which both of these are.
The second item to be approved would be a special use planned unit development (PUD). Darga explained and showed the layout of the new plat of subdivision, which includes two parcels for the SKCTA and one large parcel for the Village. The Village would keep their well site and water tower in the same location. SKCTA would keep their equipment and towers in the same area as it is currently. The site is larger than 2 acres (site is 13.5 acres), so a PUD is required. There are also seven code exceptions being requested, which are listed below.
- 50 Foot Landscape Buffer (Section 17.14.010.C.3.A) – A 50’ landscape buffer is required by code along major roads like Butterfield Rd. The new proposed parking lot will encroach into this setback (5 feet at the closest point and 38 feet at the farthest point from the property line). Darga noted the Right of Way of Butterfield is very wide in this location.
- Lot Width (Section 17.9.3) – The proposed lot 1 is approximately 193’ feet wide (Zoning Ordinance requires 200 feet). This is due to the existing drive aisle being kept on the Village parcel.
- Rear Yard (Section 17.9.3) – After the new lot lines are drawn, the rear lot line of the existing public works building will be 15’ from the building at the closest point (Zoning Ordinance requires 30 feet).
- Interior Side Yard (Section 17.9.3) – After the new lot lines are drawn, the side lot line of the new public works building will be 14’ from the building at the closest point (Zoning Ordinance requires 15 feet).
- Building Height (17.9.3) – Several of the existing fire training structures and apparatus that will now be on lot 3 are taller than the 35’ height limit. The height of these structures shall be considered approved in this PUD and any new fire training equipment and structures can be up to the same height as the existing structures.
- Required Parking Spaces (17.13.13) – The required parking spaces for a government facility is 3 spaces per 1,000 square feet of gross floor area. That would require 151 parking spaces for this project. The Village is proposing 30 parking spaces plus 2 handicapped spaces. This is more than they have at their current facility. The new facility also has a garage with 28 spaces for Village vehicles and a large area of yard space behind the building for equipment.
- Outdoor Storage (17.9.2 & 17.14.11) – Outdoor storage of equipment, material, training props, and other similar items are permitted on all lots.
Darga explained and showed the new floorplan for the proposed public works facility. The offices, conference rooms, lunchroom area, and locker rooms are to the north and in the front part of the building facing Butterfield Rd, which will have the nice façade. The rear of the building includes a large garage to park all the public works vehicles indoors. The east side of the building includes a repair bay and mechanic area. The new public works building will also help screen the training center towers and vehicles, so they will not be viewable from Butterfield Rd.
Darga said staff is recommending approval since the petition meets the Standards for Map Amendments, Specials Uses, Site Plan Review and Planned Unit Developments as set forth in the Zoning Ordinance. Petition #24-02 also has three conditions which are A landscape plan shall be provided prior to building permit issuance, The entrance to the yard on lot 2 shall be screened per the Zoning Ordinance, and No burning shall take place in the well setback (200 feet). Darga shared Village Administrator Steve Bosco, Public Works Director Brian Richter, and Assistant Public Works Director/Village Engineer Brandon Tonarelli are in attendance tonight if there are any questions about the project or land swap agreement.
Chairman Bracket asked if the repair bay was drive through. Public Works Director Brian Richter said it is and the larger trucks will still go around the building and enter the repair bay from the rear, but police cars and smaller vehicles will enter through the north front access since the small lifts are in the front/ north side of the building. Village Administrator Steve Bosco shared the grade change from the current property to the new building drops off several feet and in order to make the building fit properly the grade had to be levelled off. Assistant Public Works Director/Village Engineer Brandon Tonarelli said the drop is approximately 8 feet. Bosco said there should only be a couple of vehicles pulling in a day from the front and the rest would pull in from the back of the building. Bosco also said the parking lot is not anticipated to be too full since the employees can part in the front or rear of the building and the public historically hasn’t showed up to the Public Works building that often.
Chairman Brackett closed the public hearing.
NEW BUSINESS
- Petition #24-08 (161 S Lincolnway): The petitioner, CW 1 Dispensary, LLC, requests a Special Use to allow an Adult-Use Cannabis Dispensing Organization on the property located at 161 South Lincolnway in North Aurora, Illinois.
Commissioner Bozik asked staff what the five conditions outlined in the staff report were for this petition. Hansen shared the five conditions, which were the Ordinance be limited to the applicant and restricted to the subject property located at 161 S. Lincolnway, On-site consumption of cannabis shall be prohibited, All dumpsters located on the subject property shall be enclosed per Section 14.11.A of the Zoning Ordinance, The property owner shall regularly monitor all on-site parking conditions to ensure adequate parking for all business tenants at all times, and All potholes located on the subject property shall be properly filled and the handicapped parking shall be brought into compliance with the Illinois Accessibility Code.
Commissioner Newell asked how soon the business would be expanded, if approved. Michaud said it would be approximately 6-12 months after the business opens. Commissioner Newell also asked if paving the parking lot would be a possibility if the potholes would continue to be a concern. Michaud said keeping the parking lot in good condition is a top priority especially since the VA Clinic is located at this same location. Commissioner Negro and Anderson had no questions or comments. Commissioner Tuohy asked how many handicapped parking spaces are on site currently. Community Development Director Nathan Darga said five (5) handicapped parking spaces are on site currently, which meets code, however not all of the spaces are located directly adjacent to the building or by the VA Clinic doors to meet the Illinois Accessibility Code.
Chairman Brackett asked if all dispensaries have medical as well as recreational. Michaud said no they do not, and this dispensary would not have a medical component. It would be adult use only. Chairman Brackett also asked the petitioner to expand on how to maintain parking and security, so no surrounding properties are impacted. Chairman Brackett asked how many security guards will be on site and where they are located. Michaud said currently there is one (1) security guard inside the building just before the steps going up to the dispensary, but they do not check ids. Once passed the guard, the customer will get their ID checked at the vestibule of the dispensary by a staff member. The security guard is only located inside. Michaud said the state requires cameras showing the parking lot and entrances, so no security guards monitor those areas unless the cameras show an issue. Michaud said Verilife used to have two guards (one in front entrance and one in the rear entrance; they also had four guards when they first opened due to the number of people), but now it is down to one security guard.
Chairman Brackett said he has a concern with security not being located outside since majority of the problems have been outside the building. Chairman Brackett asked if there is a date for the switch over with the current tenant and when an opening would be expected should the petition be approved. Michaud said his understanding is that Verilife is moving as soon as possible, which is dependent on final approvals from the state. Darga said the build out at 2080 W. Orchard received its certificate of occupancy a week or so ago. Michaud said CW Dispensary will take a few months to get approvals from the state for this location, if approved by the Village, so we wouldn’t expect to open until then. Chairman Brackett said his two concerns are parking and security. Darga asked if the current parking spaces reserved for medical patients will be reserved for all dispensary customers. Michaud said they will be for dispensary customers and the security cameras will cover all the exterior perimeter including parking. Chairman Brackett asked if the customers would enter from the front or back of the building or both. Michaud said primarily from the front, but the traffic shouldn’t be as much as it is now since this will be another dispensary being open in the area and will not provide product to medical customers. Commissioners Anderson and Bozik both said the business is one of the most regulated in the Village and State and they will need to follow those protocols, which include security and being a good neighbor.
Motion for approval of Petition #24-08, as presented by staff with the five conditions, was made by Commissioner Bozik and seconded by Commissioner Botkin. Vote: Tuohy – Yes, Anderson – Yes, Negro – Yes, Newell – Yes, Bozik – Yes. Botkin – Yes. Motion approved.
- Petition #24-02 (300 and 314-318 Butterfield Rd): The Village of North Aurora requests the following actions in the I-1 Limited Industrial District and I-2 General Industrial District:
- Map Amendment
- Special Use – Planned Unit Development
- Site Plan Approval
- Preliminary Final Plat of Subdivision
Commissioner Newell asked what will happen to the current public works building. Richter said it will remain and be used by the SKCTA as a training facility with possible classrooms, vehicle storage, and a maintenance area. Commissioner Newell asked if a condition could be added to emphasize better landscaping along the north end of the current building so it will blend in with the new building and/or hide the current building.
Commissioner Bozik asked how SKCTA will access their property since the Village will control both access points to the site. Darga said the eastern drive aisle will have a cross access easement and will be fenced off. The Village will be responsible for maintaining the roads on our lots and SKCTA will be responsible for maintaining roads on their lots. Darga said part of replatting the parcels is that all the easements and designated areas will be recorded and platted properly. Bosco said the land swap agreement calls out who maintains what roads. Bosco added that their will be new pavement in the southern SKCTA parcel to help enhance training site access and that the detention pond on the southern portion will be maintained and owned by the Village. Commissioner Bozik asked if the structures on the Village property along the southern portion will be demolished since the detention pond appears to be occupying that space. Bosco said they will be demolished to make way for the detention pond and the adjacent area will be utilized for accessory storage such as water improvement projects. Bosco also said the 200 foot well setback is an IEPA buffer zone and SKCTA can do training within that buffer but cannot potentially harm the groundwater source (such as use foam). Commissioner Bozik asked what the shortest point to the parking lot in the landscape buffer is. Darga said the building itself is not located within the buffer, but the parking lot is approximately 5 feet at the closest point. Commissioner Bozik also asked if IDOT has any plans in the future to expand Butterfield Rd into four lanes. Darga said the right of way (ROW) they have now would be able to cover such a project since its about 200 feet wide, but none of the short or medium term IDOT projects include improvements to Butterfield Rd. Commissioner Botkin asked if the code exceptions, that are part of the staff report, could be looked at to make it easier to compare the Zoning Ordinance requirements to the proposed setbacks and regulations being requested.
Commissioner Tuohy asked what the cylinder shapes on the west side of the building site plan were. Richter said it’s a brine station, which will have 2,500 to 7,500 gallon tanks. Commissioner Anderson said the plan looks great and had no questions. Commissioner Negro asks if the road, on the two site plans, is part of this discussion. Bosco said the road on the southwest part of the property is shown since it is part of the land swap agreement and is in the process of being amended. Bosco said the land swap agreement and the design planning for the project has had many discussions to get to this point. The Village is awaiting SKCTA to review the latest land swap agreement, so it is updated and approved. Once that is complete, the agreement will be brought to the Village Board for final approval which is anticipated to be in early May. The PUD is planned to be brought to the Village Board on April 15 and possibly be approved the same night as the land swap agreement if timing works out. Bosco said the Village would like to bid the project in early to mid-summer.
Chairman Brackett asked to see the updated property lines for the training center. Darga showed on the screen the current and then the proposed changes to the property lines. Darga said the salt dome and the property will be entirely fenced including along the access road. Bosco said the water tower, water treatment plant and all other Village property will be fenced in some capacity. Commissioner Negro asked if SKCTA will be able to access their site from both entrances. Darga said the eastern entrance would be the main entrance. Richter said currently they use both entrances. Bosco said in a rare circumstance or if the fence was broken, they could gain access through the western entrance through the Village property if needed but is not preferred. Chairman Brackett what the separation was for the northeast corner of the proposed building and the northwest corner of the existing building. Darga said it will be fenced up to a certain point, but there is a large grade between the buildings. Bosco said a guardrail may be put in on the western edge of the current building’s site due to the grade change. Richter said it will be fenced off for safety and possibly the hill will be landscaped with different styles of plants since it would be tough to mow. Darga said there are cross access easements and gates throughout the site. Bosco said salt would be able to be delivered from both entrances depending on size of the trucks.
Commissioner Bozik asked about the existing public works building and what parking standards will apply to that building once SKCTA acquires it. Darga said the existing pavement will remain and will need to be restriped. Richter said there is an ample amount of parking along the road and other places on site. Commissioner Bozik asked what the parking spaces required would be if it was a new building. Darga said since most of the building is for parking, only the office space would probably apply so five to ten spaces given the parking standard is 3 parking spaces per 1,000 square foot of gross floor area. Commissioner Bozik said his concern was if this building was used for a classroom facility with 30 students, where do you park 30 vehicles on the property. Bosco said that would be up to the SKCTA and how they would like to manage that class load, but it is staff’s understanding the building will be utilized for storage, parking equipment and/or possibly internal training. If they did have larger classes, we will need to work with them regarding that. Bosco said parking would be limited around the salt dome to ensure deliveries will not be interfered with. Commissioner Bozik said he wanted to note that he does not have an issue with the use, but wanted to ensure the Plan Commission was reviewing this petition as it would for any other petitioner and not giving a governmental entity or association a special preference. Darga said if SKCTA were to switch the site up and have classrooms that it would trigger a review of the parking plan. Darga said the plans appear to be for the future and it is anticipated the building won’t be changed right away. Chairman Brackett said the Village has a plan, but how do we ensure SKCTA has a plan and follows through such as ensuring the landscape jives with both properties. Darga said the landscape plan is still being worked on and we can work on blending the buildings together through this unified landscape plan. There will be no architecture changes on the current building.
Motion for approval of Petition #24-02 for a Map Amendment, Special Use Planned Unit Development, Site Plan Approval, and Preliminary Plat of Subdivision, as presented by staff with the three conditions, was made by Commissioner Bozik and seconded by Commissioner Newell. Vote: Tuohy – Yes, Anderson – Yes, Negro – Yes, Newell – Yes, Bozik – Yes. Botkin – Yes. Motion approved.
OLD BUSINESS – None
PLAN COMMISSIONER COMMENTS AND PROJECT UPDATES
Darga said the Village issued the certificate of occupancy for 2080 W Orchard Rd (Verilife’s new location) last week. Darga also said two ice cream places are looking to come into the Village. La Michoacana is looking to go into the strip center off Genesis Way and Coco’s Paleteria is looking to go in at 937 Oak St in North Aurora Plaza. Darga said Crave BBQ restaurant got their build out permit, which is located in the strip center off Orchard Rd near Brother Chimp.
ADJOURNMENT
Motion to adjourn made by Commissioner Newell and seconded by Commissioner Botkin. All in favor. Motion approved.
Respectfully Submitted,
David Hansen
Planner
