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Planning and Zoning Commission

Regular Meeting

Naperville, IL · March 3, 2021

AgendaMinutes

Minutes

400 S. Eagle Street City of Naperville Naperville, IL 60540 Meeting Minutes Planning and Zoning Commission Wednesday, March 3, 2021 7:00 PM Held on Zoom due to COVID-19 CITY OF NAPERVILLE PUBLIC MEETINGS UPDATE: Pursuant to Section 120/7(e) of the Illinois Open Meetings Act, the continuation of the Governor’s disaster proclamation, and Mayor Chirico’s executive order determining that in-person public meetings are not currently practical or prudent because of the Covid-19 pandemic, we are holding the March 3, 2021 Planning and Zoning Commission meeting remotely. The commissioners and staff participating in the meeting are all in different locations in accordance with social distancing guidelines, and steps have been taken to ensure that the Commissioners can hear one another and all discussion and testimony. All votes shall be taken by roll call. The means by which the public may watch, listen, and/or participate in the meeting are described below. IMPORTANT NOTE: You do not need to create a Zoom account or download software to participate or listen to a Zoom meeting. Registered speakers and participants will receive instructions on how to access the meeting and may use the “join from your browser” link to access the meeting. TO WATCH OR LISTEN TO THE PZC MEETING LIVE: 1. Watch on WCNC GOVERNMENT ACCESS TELEVISION (Ch. 6-WOW, Ch. 10 - Comcast, Ch. 99 - AT&T); 2. Watch online at https://naperville.legistar.com/calendar.aspx; or 3. Listen by telephone (audio only) – register to receive a dial-in phone number by calling the Planning Services Team, (630) 420-6694, before 5 p.m. on March 3, 2021. If a staff member is unavailable, please leave a voicemail. TO PROVIDE LIVE PUBLIC COMMENT, TESTIMONY, OR TO CROSS-EXAMINE WITNESSES DURING THE MEETING: 1. Register by 5 p.m. on Wednesday, March 3 at: www.naperville.il.us/pzcspeaker. After the sign-up time has ended, you will receive an email with information about how to join the Zoom meeting. Questions regarding online sign-up may be directed to the Planning Services Team via email at planning@naperville.il.us; or 2. Participate by telephone. Register with the Planning Services Team before 5 p.m. on Wednesday, March 3 to receive a dial-in phone number by calling (630)-420-6694. If a staff member is unavailable, please leave a voicemail. City of Naperville Page 1 Printed on 3/18/2021 Planning and Zoning Commission Meeting Minutes March 3, 2021 TO SUBMIT WRITTEN COMMENTS OR MATERIALS: 1. Use the speaker sign-up form at www.naperville.il.us/pzcspeaker to submit a written comment by 5 p.m. on Wednesday, March 3 to be read into the public record during the Planning and Zoning Commission meeting by a member of staff; or 2. Use the speaker sign-up form at www.naperville.il.us/pzcspeaker to submit a one-word statement of “SUPPORT” or “OPPOSITON” regarding a specific agenda item by 5 p.m. on Wednesday, March 3 to be read into the public record during the Planning and Zoning Commission meeting by a member of staff. 3. Submit written materials to planning@naperville.il.us by 8 am, Monday, March 1 which are relevant to a public comment or public hearing before the Planning and Zoning Commission (e.g. a PowerPoint, photographs, reports). Submitted materials will be posted online for public access on Monday, March 1. NOTE: All submissions should be sent by the dates and times indicated above to: planning@naperville.il.us. PUBLIC ACCOMMODATION: Any individual who may require an accommodation to submit comments or materials, or to view materials for the Planning and Zoning Commission meeting, should contact the City Clerk at (630) 305-5300 or napervilleclerks@naperville.il.us as soon as possible, but not later than by 5 p.m. on Wednesday, March 3. PARTICIPATION GUIDELINES: The citizen participation guidelines are outlined in 1-5-6-6: - CITIZEN PARTICIPATION of the Naperville Municipal Code. • ALL VIEWPOINTS AND OPINIONS WELCOME: All viewpoints are welcome, positive comments and constructive criticism are encouraged. Speakers must refrain from harassing or directing threats or personal attacks at Commission members, staff, other speakers or members of the public. Comments made to intentionally disrupt the meeting may be managed as necessary to maintain appropriate decorum and allow for city business to be accomplished. • IF YOU SIGNED UP TO SPEAK, staff will call your name at the appropriate time during the Planning and Zoning Commission meeting. Once your name is called you may identify yourself for the public record and then address remarks to the Planning and Zoning Commission as a whole. Speak clearly and try to limit remarks directly to the matter under discussion. Speakers are called in the order they sign up. A. CALL TO ORDER: B. ROLL CALL: Present 9- Manas Athanikar, Krishna Bansal, Brett Fessler, Bruce Hanson, Anthony Losurdo, Bill Habel, Oriana Van Someren, Whitney Robbins, and Carl Richelia C. PUBLIC FORUM: City of Naperville Page 2 Printed on 3/18/2021 Planning and Zoning Commission Meeting Minutes March 3, 2021 D. PUBLIC HEARINGS: 1. Conduct the public hearing to consider a major change to the Fox River Commons Resubdivision PUD to allow for approval of a conditional use and a parking deviation for the subject property located at 909 S. Route 59 (The Matrix) - PZC 20-1-027 Scrivener’s error - Please note the address is 808 S. Route 59. Amy Emery, City of Naperville TED Operations Manager, provided an overview of the request. Raffi Arzoumanian, Vinoz Chanamolu and Madan Kulkarni, representatives for the petitioner, provided a presentation on the request. Chairman Hanson and Commissioner Bansal expressed support for the project. Chairman Hanson inquired if the petitioner concurred with the conditions proposed by staff, Mr. Arzoumanian concurred. Public Testimony: Staff stated one name was submitted in support for the request through the online speaker sign up prior to the March 3, 2021 meeting. Sibtain Liaqat raised traffic concerns generated from the proposed banquet hall use. Ray Fano, City of Naperville Project Engineer clarified Route 59 has the capacity for this type of development. Anil Kar spoke in support of the project. Raffi Arzoumanian provided closing remarks. A motion was made by Commissioner Bansal, seconded by Commissioner Van Someren to close the public hearing. Aye: Athanikar, Bansal, Fessler, Habel, Hanson, Losurdo, Richelia, Robbins, Van Someren A motion was made by Commissioner Habel, seconded by Commissioner Losurdo to adopt the findings of fact as presented by the petitioner and approve PZC 20-1-027, a major change to the Fox River Commons Resubdivision PUD to allow for a conditional use per section 6-7B-3:1 for amusement establishments and a parking deviation per Section 6-9-3, subject to the condition noted in the staff report, for the subject property located at 808 S. Route 59 (The Matrix). Aye: 9- Athanikar, Bansal, Fessler, Hanson, Losurdo, Habel, Van Someren, Robbins, and Richelia City of Naperville Page 3 Printed on 3/18/2021 Planning and Zoning Commission Meeting Minutes March 3, 2021 E. REPORTS AND RECOMMENDATIONS: 1. Approve the minutes of the February 17, 2021 Planning and Zoning meeting A motion was made by Commissioner Losurdo, seconded by Commissioner Robbins, to approve the February 17, 2021 Planning and Zoning Commission meeting minutes. Aye: 9- Athanikar, Bansal, Fessler, Hanson, Losurdo, Habel, Van Someren, Robbins, and Richelia 2. Concur with staff’s recommended options for public participation at PZC meetings held remotely Gabrielle Mattingly, City of Naperville Planning Services Team, provided an overview of the proposed PZC public participation options for meetings conducted remotely. Chairman Hanson inquired if the recommended changes were consistent with the recent changes to the public participation options at City Council. Mattingly clarified the PZC is adopting their own guidelines for public participation at PZC meetings. Commissioner Bansal concurred with the recommended changes. A motion was made by Commissioner Bansal, seconded by Commissioner Habel to approve the recommended options for public participation at PZC meetings held remotely as noted in the staff report. Aye: 9- Athanikar, Bansal, Fessler, Hanson, Losurdo, Habel, Van Someren, Robbins, and Richelia F. OLD BUSINESS: 1. Reconvene the public hearing for the Islamic Center of Naperville located at 3540 248th Avenue (ICN) - PZC 20-1-052 A motion was made by Commissioner Van Someren, seconded by Commissioner Losurdo to resume the public hearing for PZC 20-1-052. Aye: Athanikar, Bansal, Fessler, Habel, Hanson, Losurdo, Richelia, Robbins, Van Someren Mike DiSanto, City Attorney for the City of Naperville provided remarks on the Planning and Zoning Commission process and Commissioners. Sara Kopinski, City of Naperville Planning Services Team, provided a slide showing the total number of names in support or opposition submitted which were submitted through the online speaker sign up prior to the March 3, 2021 meeting. The names and comments are attached to these minutes. Tall Grass HOA members provided a presentation in opposition of the project. Dilip City of Naperville Page 4 Printed on 3/18/2021 Planning and Zoning Commission Meeting Minutes March 3, 2021 Kikla, Keyur Shah, Gopinath Kartheesan, Jeremy Sentman, Dave Prokop, Minal Ashar, Molly Evans and Matt Krambeck were among the presenters. The PZC took a 5 minute recess. The PZC resumed. Jeremy Sentman asked City staff if the 1146 capacity number presented by the petitioner at the January 20, 2021 PZC meeting was provided to staff prior to the presentation. Kopinski responded a total number of 850 individuals was previously provided and noted any approvals granted for the project will be attached to any ordinance and thereby ensure the petitioner cannot increase the building size or capacity without receiving approval of a change to the ordinance. Fano stated City staff review was based on 850 individuals and noted the roadway capacity will increase when 248th Avenue is widened. Chairman Hanson inquired if the petitioner would be willing to work with the surrounding residents on their concerns with the proposal. Len Monson does anticipate making changes to the plans to address surrounding residents’ concerns but at this time does not have any changes. Arif Saleem - spoke in support of the project. Arif Saleem first spoke on February 17th; however, there was an error with the video recording which impacted this testimony and that of one other speaker. City staff reached out to both speakers to notify them of the error, and offered both individuals the option to provide written comments to be attached to the minutes or to speak again. Arif Saleem opted to speak again. Kader Sakkaria spoke in support of the project. Fatima Ala spoke in support of the project. Lokesh Krishnamoorthy spoke in opposition to the project. Sumithra Lokesh spoke in opposition of the project. Srikant Lokesh spoke in opposition of the project. Prashant Khopkar spoke in opposition of the project. Sanjeev Rao spoke in opposition of the project. Arun Natarajan spoke in opposition of the project. A motion was made by Commissioner Bansal, seconded by Commissioner Losurdo to extend the meeting to 11:10 PM City of Naperville Page 5 Printed on 3/18/2021 Planning and Zoning Commission Meeting Minutes March 3, 2021 Aye: Athanikar, Bansal, Fessler, Habel, Hanson, Losurdo, Richelia, Robbins, Van Someren A motion was made by Chairman Bansal, seconded by Commissioner Van Someren to continue PZC 20-1-052 to April 8th, 2021. Aye: 9- Athanikar, Bansal, Fessler, Hanson, Losurdo, Habel, Van Someren, Robbins, and Richelia G. NEW BUSINESS: H. ADJOURNMENT: 11:06 PM A motion was made by Commissioner Bansal, seconded by Commissioner Robbins to adjourn the meeting. Aye: 9- Athanikar, Bansal, Fessler, Hanson, Losurdo, Habel, Van Someren, Robbins, and Richelia City of Naperville Page 6 Printed on 3/18/2021

Agenda

400 S. Eagle Street City of Naperville Naperville, IL 60540 Meeting Agenda Planning and Zoning Commission Wednesday, March 3, 2021 7:00 PM Held on Zoom due to COVID-19 CITY OF NAPERVILLE PUBLIC MEETINGS UPDATE: Pursuant to Section 120/7(e) of the Illinois Open Meetings Act, the continuation of the Governor’s disaster proclamation, and Mayor Chirico’s executive order determining that in-person public meetings are not currently practical or prudent because of the Covid-19 pandemic, we are holding the March 3, 2021 Planning and Zoning Commission meeting remotely. The commissioners and staff participating in the meeting are all in different locations in accordance with social distancing guidelines, and steps have been taken to ensure that the Commissioners can hear one another and all discussion and testimony. All votes shall be taken by roll call. The means by which the public may watch, listen, and/or participate in the meeting are described below. IMPORTANT NOTE: You do not need to create a Zoom account or download software to participate or listen to a Zoom meeting. Registered speakers and participants will receive instructions on how to access the meeting and may use the “join from your browser” link to access the meeting. TO WATCH OR LISTEN TO THE PZC MEETING LIVE: 1. Watch on WCNC GOVERNMENT ACCESS TELEVISION (Ch. 6-WOW, Ch. 10 - Comcast, Ch. 99 - AT&T); 2. Watch online at https://naperville.legistar.com/calendar.aspx; or 3. Listen by telephone (audio only) – register to receive a dial-in phone number by calling the Planning Services Team, (630) 420-6694, before 5 p.m. on March 3, 2021. If a staff member is unavailable, please leave a voicemail. TO PROVIDE LIVE PUBLIC COMMENT, TESTIMONY, OR TO CROSS-EXAMINE WITNESSES DURING THE MEETING: 1. Register by 5 p.m. on Wednesday, March 3 at: www.naperville.il.us/pzcspeaker. After the sign-up time has ended, you will receive an email with information about how to join the Zoom meeting. Questions regarding online sign-up may be directed to the Planning Services Team via email at planning@naperville.il.us; or 2. Participate by telephone. Register with the Planning Services Team before 5 p.m. on Wednesday, March 3 to receive a dial-in phone number by calling (630)-420-6694. If a staff member is unavailable, please leave a voicemail. City of Naperville Page 1 Printed on 2/26/2021 Planning and Zoning Commission Meeting Agenda March 3, 2021 TO SUBMIT WRITTEN COMMENTS OR MATERIALS: 1. Use the speaker sign-up form at www.naperville.il.us/pzcspeaker to submit a written comment by 5 p.m. on Wednesday, March 3 to be read into the public record during the Planning and Zoning Commission meeting by a member of staff; or 2. Use the speaker sign-up form at www.naperville.il.us/pzcspeaker to submit a one-word statement of “SUPPORT” or “OPPOSITON” regarding a specific agenda item by 5 p.m. on Wednesday, March 3 to be read into the public record during the Planning and Zoning Commission meeting by a member of staff. 3. Submit written materials to planning@naperville.il.us by 8 am, Monday, March 1 which are relevant to a public comment or public hearing before the Planning and Zoning Commission (e.g. a PowerPoint, photographs, reports). Submitted materials will be posted online for public access on Monday, March 1. NOTE: All submissions should be sent by the dates and times indicated above to: planning@naperville.il.us. PUBLIC ACCOMMODATION: Any individual who may require an accommodation to submit comments or materials, or to view materials for the Planning and Zoning Commission meeting, should contact the City Clerk at (630) 305-5300 or napervilleclerks@naperville.il.us as soon as possible, but not later than by 5 p.m. on Wednesday, March 3. PARTICIPATION GUIDELINES: The citizen participation guidelines are outlined in 1-5-6-6: - CITIZEN PARTICIPATION of the Naperville Municipal Code. • ALL VIEWPOINTS AND OPINIONS WELCOME: All viewpoints are welcome, positive comments and constructive criticism are encouraged. Speakers must refrain from harassing or directing threats or personal attacks at Commission members, staff, other speakers or members of the public. Comments made to intentionally disrupt the meeting may be managed as necessary to maintain appropriate decorum and allow for city business to be accomplished. • IF YOU SIGNED UP TO SPEAK, staff will call your name at the appropriate time during the Planning and Zoning Commission meeting. Once your name is called you may identify yourself for the public record and then address remarks to the Planning and Zoning Commission as a whole. Speak clearly and try to limit remarks directly to the matter under discussion. Speakers are called in the order they sign up. A. CALL TO ORDER: B. ROLL CALL: C. PUBLIC FORUM: D. PUBLIC HEARINGS: City of Naperville Page 2 Printed on 2/26/2021 Planning and Zoning Commission Meeting Agenda March 3, 2021 1. 21-0293 Conduct the public hearing to consider a major change to the Fox River Commons Resubdivision PUD to allow for approval of a conditional use and a parking deviation for the subject property located at 909 S. Route 59 (The Matrix) - PZC 20-1-027 E. REPORTS AND RECOMMENDATIONS: 1. 21-0318 Approve the minutes of the February 17, 2021 Planning and Zoning meeting 2. 21-0313 Concur with staff’s recommended options for public participation at PZC meetings held remotely F. OLD BUSINESS: 1. 21-0091D Reconvene the public hearing for the Islamic Center of Naperville located at 3540 248th Avenue (ICN) - PZC 20-1-052 G. NEW BUSINESS: H. ADJOURNMENT: City of Naperville Page 3 Printed on 2/26/2021