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Village of Oswego Village Board met June 8.

Hall

Village of Oswego Village Board met June 8.

Here is the minutes provided by the Board:

1. Call to Order

Chairman Pajor called the Oswego Planning & Zoning Commission Meeting to order at 7:00 p.m.

2. Roll Call

Present: Dominick Cirone, Ken Holmstrom, Rick Kuhn, Charles Pajor, Stan Popovich, Amanda Purkeypile, Rebecca Stine

Absent: None

There was a quorum.

Oswego community representatives in attendance were:

Present: Rod Zenner, Community Development Director; Bethany Salmon, Planner; Sandy Kulawiak, Recording Secretary; Judy Sollinger, Village Trustee; Tyler Grace, Administrative Intern; Grant Casleton, Director of Planning and Development, Oswegoland Park District

3. Minutes

Motion: Commissioner Holmstrom, second Commissioner Popovich to accept the minutes from the May 4, 2017 Planning & Zoning Commission Meeting as corrected

Ayes: Commissioners Cirone, Holmstrom, Kuhn, Pajor, Popovich, Purkeypile

Nays: None

Absent: None

Abstain: Commissioner Stine

Motion carried

4. Public Hearings

Preliminary & Final P.U.D.:

Potter’s

63 West Washington Street

Applicant: JLAT, LLC

Project No.: 965.17

Project Manager: Bethany Salmon

The applicant has requested a continuation to the following Planning and Zoning Meeting on July 6, 2017 to allow for additional time for plan submittal.

Motion: Commissioner Kuhn, second Commissioner Holmstrom to open the Public Hearing at 7:04 p.m.

Ayes: Commissioners Cirone, Holmstrom, Kuhn, Pajor, Popovich, Purkeypile, Stine

Nays: None

Absent: None

Motion carried

Audience Comments:

No one from the audience wished to speak at the public hearing

Motion: Commissioner Kuhn, second Commissioner Purkeypile to continue the Public Hearing to the July 6, 2017 meeting

Ayes: Commissioners Cirone, Holmstrom, Kuhn, Pajor, Popovich, Purkeypile, Stine

Nays: None

Absent: None

Motion carried

Preliminary P.U.D./Major Amendment:

Harvest Gate at Southbury (Pod 8)

East & West of Colchester Drive

Applicant: Southbury Land Venture LLP

Project No.: 963.17

Project Manager: Rod Zenner

Motion: Commissioner Popovich, second Commissioner Stine to open the Public Hearing at 7:06 p.m.

Ayes: Commissioners Cirone, Holmstrom, Kuhn, Pajor, Popovich, Purkeypile, Stine

Nays: None

Absent: None

Motion carried

Director Zenner presented the staff report stating that the applicant is requesting approval of a major change to the Harvest Gate at Southbury P.U.D. and approval of a preliminary P.U.D. to change the proposed use from 182 townhomes to 93 single-family residential lots.

On August 11, 2003, the Village entered into an Annexation Agreement of the subject property by Ordinance #03-78, annexed by Ordinance #03-79, rezoned by Ordinance #03-80, and the preliminary plat was approved by Ordinance #03-81 for the Southbury Development. Pod 8 of Southbury, known as Harvest Gate, was approved to contain 182 townhome units. On November 14, 2005, Ordinance #05-145 was approved to provide a detailed preliminary PUD plat and exterior elevations for the proposed townhome development (approved site plans included in the packet).

Director Zenner discussed the land use density stating the proposal calls for converting the 182 townhome units to 93 single family residential units. The density is reduced from 8.06 dwelling units per acre to 4.12 units per acre. The proposed plan does not exceed the density allowed for in the Southbury Annexation Agreement or the density called for in the Comprehensive Plan.

Director Zenner gave an overview of the site plan stating the original site plan provided for two streets and a cul-de-sac on the west side of Colchester Drive and one street and two cul-de-sacs of the east side of Colchester Drive. The proposed plan reverses the street alignment with one street and two cul-de-sacs on the west side of Colchester and two streets on the east side of Colchester Drive. The access points onto Southbury Boulevard and Colchester Drive are the same as the original preliminary PUD plan.

The proposed site plan provides for single-family homes on individual lots. The average lot size is 6,000 square feet, with a minimum of 5,460 square feet and a maximum of 14,395 square feet. The lot width is 50 feet at the building line. The minimum lot size in the R-4 District is 11,000 square feet with an 85 foot width. By comparison, townhomes which the site was originally approved for, are required a lot square footage of 5,500 square feet. Another unit in the Southbury Subdivision, known as the Villas, provides a similar smaller lot single-family product with an average lot size of 8,912 square feet.

It is staff’s opinion that the precedent has been set in the Southbury Subdivision for having single-family residential lots smaller than the 11,000 square feet called for in the Zoning Ordinance. The 6,000 square foot lot sizes are greater than the lot sizes for the townhome product that was originally approved for the site.

The approved preliminary plat provided a front yard setback of 25 feet. The proposed plan identifies a front yard setback of 25 feet for a majority of the lots. This setback is increased to 30 feet for lots on the tight radius curves to provide additional width at the building line. By comparison, the Villas of Southbury, which provides a similar product to the proposed plan, have a similar front yard setback variety that ranges from between 25 feet and 45 feet.

The proposed plan provides for a proposed side yard setback of 5 feet. The minimum side yard setback in the R-4 District is 10 feet. The proposed townhomes provided a 0 foot setback between units in the same building as is the typical design of townhome units. By comparison, the Villa’s provide a 7.5 foot setback. The Building Code allows a minimum side yard setback of 5 feet. This will require additional fire protection elements to the building plans to comply with Building Code requirements. If the side yard were increased to 6 feet, then additional Building Code requirements would not be required. The additional foot would have a minimal impact to the visual appearance of the building separations, but it may have a greater impact to the design and size of the proposed homes with the reduction of 2 feet of building width to provide 6 foot side yards.

The streets are proposed to be 28 feet wide, consistent with the approved Annexation Agreement and the other portions of the Southbury Subdivision. Since this is less that the Code requirement of 33 feet, on street parking will be restricted to one side of the street.

Director Zenner stated though the petitioner has not selected a builder to construct the single family homes, the preliminary plans indicate representative building elevations. The representative homes indicate one and two story structures that would allow for up to three bedrooms. The plan shows examples of eight different architectural styles on the three home plans which provide a variety of housing choices and help to prevent monotony within the development. Additional representative styles of homes may be added to the plan at the time the final plans are reviewed by the Planning and Zoning Commission.

Attorney Paul Mitchel Naperville, Illinois was sworn in

Attorney Michel stated he represents the applicant, Southbury Land Venture LLP.

Attorney Mitchel gave an overview of the project stating that the average lot size is 7,425 square feet.

Attorney Mitchel stated that the applicant is in negotiations with the builders. The applicant is looking for approval of the final P.U.D. in either August or September so underground public improvement construction would have a timeline date early next year.

Attorney Mitchel reported that this is not an age restricted development but age targeted for active adults. Attorney Mitchel gave an overview of the elevations and cost of the homes.

Attorney Mitchel presented a power point presentation outlining the lot sizes.

Mike Schoppe Schoppe Design Associates Inc. Oswego, Illinois was sworn in

Mr. Schoppe discussed the turning radius of the cul-de-sacs and islands and the ability of fire trucks getting around the islands.

Chairman Pajor commented on the 5 foot side yard setbacks and asked if the plan would work with 6 foot side yard setbacks.

Mr. Schoppe responded the plans would remain the same with the 6 foot side yard setbacks.

Grant Casleton, Oswegoland Park District, stated he would like to see the trail on the east side continued on the other side of the road where the new police facility is located. Mr. Casleton suggested that the applicant look into the possibility of having the trail extended.

Mr. Schoppe stated the applicant does not own that property.

Attorney Mitchel responded, using the site exhibit, that the trail on the opposite side is part of the HOA.

Chairman Pajor suggested the applicant have a discussion with the HOA to consider having the trail extended.

Commission Kuhn commented on the precedent on page two of the staff report asking where it starts and stops and the number of units in that product.

Director Zenner stated there are approximately 107 units which are slightly larger units and lot sizes.

Audience Comments:

Sam Figola Oswego, Illinois was sworn in

Mr. Figola stated he is a homeowner and president of the Master HOA in Southbury.

Mr. Figola commented the HOA supports the change from the townhomes to single family request.

Mr. Figola discussed the HOA requirements for architectural review of the home elevations stating final building plans have not been reviewed by the HOA as required.

Mr. Figola stated the HOA would like a timeline on when the building plans can be reviewed.

Director Zenner responded that when a builder is selected a master building plan will be submitted and the HOA will then have access to review the plans.

Director Zenner gave an overview of the Preliminary and Final P.U.D. process stating overall a preliminary P.U.D. review is an initial concept of a plan.

Mr. Figola thanked the Commission for the opportunity to speak.

Sam Haldiman Oswego, Illinois was sworn in

Mr. Haldiman gave an overview of the master HOA requirements and declarations for Southbury. Mr. Haldiman stated that there are “pods” in Southbury that have to have individual associations. Pod 8 would have to have an individual HOA.

Mr. Haldiman stated he supports the request for the single family homes versus the townhomes.

Mr. Haldiman discussed the lot sizes stating the precedent that was discussed is referring to the Villas with 107 lots. Mr. Haldiman stated the Villas lot sizes are not 6,000 square foot lots. They tend to be 6,200 square foot lots and with 7.5 foot side yards.

Mr. Haldiman stated he feels it is a dangerous precedent to allow 6,000 square foot lots.

Mr. Haldiman commented that at this point they do not know what the declaration for Harvest Gate will require and what will be expected of the HOA. He gave an overview of the Villas declaration and HOA requirements.

Mr. Haldiman expressed his concerns with setting a precedent regarding small lots that would include such issues as on street parking and maintenance.

Mr. Haldiman stated the continuation of the bike path suggested by Grant Casleton is a good suggestion. Mr. Haldiman stated that Southbury Land Venture does not own that common area. It is still in the title of Ocean Atlantic which failed to turn it over to the HOA even though they have gone bankrupt. Mr. Haldiman stated it is his understanding that an agreement has been reached between them and the Master HOA to gain title to that area. Mr. Haldiman stated that he believes that the Master HOA would agree to let Southbury Land Venture construct the continuation of the bike path and the HOA would maintain the area.

No additional audience members wished to speak at the public hearing

Motion: Commissioner Kuhn, second Commissioner Popovich to close the Public Hearing at 7:35 p.m.

Ayes: Commissioners Cirone, Holmstrom, Kuhn, Pajor, Popovich, Purkeypile, Stine

Nays: None

Absent: None

Motion carried

Commissioners Comments:

Commissioner Kuhn stated that he would not like to see these lots on the average no smaller than the existing Villas at Southbury lots. Commissioner Kuhn stated if the Villas are being used as a precedent, he does not want the precedent of the lot sizes to go down in size and up in numbers. If a precedent is set according to the Villas it should state no smaller than the current smallest and no smaller than the average by average.

Commissioner Purkeypile stated she likes the change from the townhomes to the single family use but expressed concern regarding the lot size going down.

Director Zenner gave an overview of lot sizes in other subdivision in the Village.

Commissioner Popovich stated different lot sizes provide variety.

Commissioner Popovich stated he is in favor of the 6 foot side yard.

Recommendation:

Motion: Commissioner Kuhn, second Commissioner Cirone to accept the findings of fact and approval the major change to the P.U.D. and preliminary P.U.D. and Subdivision Plat approval for Harvest Gate of Southbury given that the lot sizes be no smaller as a minimum or on average as in the existing Villas at Southbury and to include a minimum side yard setback of 6 feet.

Ayes: Commissioner Kuhn

Nays: Commissioners Cirone, Holmstrom, Pajor, Popovich, Purkeypile, Stine

Absent: None

Motion failed 1-6

Commissioners discussed the issue of the 6 foot side yard setbacks and the number of lots and lot sizes.

Chairman Pajor recommended that when this is presented to the Village Board that clarification of the exact lot sizes of the Villas be included.

Motion: Commissioner Purkeypile, second Commissioner Stine to accept the findings of fact and approval the major change to the P.U.D. and preliminary P.U.D. and Subdivision Plat approval for Harvest Gate of Southbury declaring a 6 foot side yard.

Ayes: Commissioners Cirone, Holmstrom, Kuhn, Pajor, Popovich, Purkeypile,

Stine

Nays: None

Absent: None

Motion carried 7-0

5. Old Business

None

6. New Business

None

7. Public Forum

No audience members wished to speak at the Public Forum

8. Chairman’s Report

No report.

9. Commissioners Report

Commissioner Popovich stated his family will be moving out of the area to be closer to his job and will be resigning from the Planning & Zoning Commission effective after the current meeting. Commissioner Popovich stated it has been an honor to serve on the Commission.

10. Historic Preservation Commissioner Report

No report

11. Eco Commission Report

No report

12. Community Development Department Report

Director Zenner gave an update on the renovations of the board room stating work will begin at the end of June.

13. Oswegoland Park District Report

Grant Casleton reported that Prairiefest will be held on Father’s Day weekend.

14 Next Meeting - July 6, 2017

15. Adjournment

Motion: Commissioner Holmstrom, second Commissioner Stine to adjourn the meeting at 7:45 p.m.

Ayes: Commissioners Cirone, Holmstrom, Kuhn, Pajor, Popovich, Purkeypile,

Stine

Nays: None

Absent: None

Motion carried

Chairman Pajor adjourned the Planning & Zoning Commission Meeting at 7:45 p.m.

http://www.oswegoil.org/PDF/2017.06.08planminutes.pdf

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