Village of Oswego Village Board met October 5.
Here is the minutes provided by the Board:
1. Call To Order
Chairman Pajor called the Oswego Planning & Zoning Commission Meeting to order at 7:01 p.m.
2. Roll Call
Present: Dominick Cirone, Ken Holmstrom, Rick Kuhn, Charles Pajor, Matt Garland
Absent: Rebecca Stine
There was a quorum.
Oswego community representatives in attendance were:
Present: Rod Zenner, Community Development Director; Bethany Salmon, Planner; Amy Bates, Building and Zoning Department Permit Fee Coordinator; Judy Sollinger, Village Trustee
3. Minutes
Motion: Commissioner Kuhn, second Commissioner Garland to accept the minutes from the September 7, 2017 Planning & Zoning Commission Meeting
Ayes: Commissioners Cirone, Holmstrom, Kuhn, Pajor, Garland
Nays: None
Absent: 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 November 9, 2017 Planning and Zoning Meeting to allow for additional time for plan submittal.
Motion: Commissioner Kuhn, second Commissioner Holmstrom to continue to the Public Hearing to the November 9, 2017 Planning & Zoning Commission Meeting
Ayes: Commissioners Cirone, Holmstrom, Kuhn, Pajor, Garland
Nays: None
9 Absent:
Commissioner Stine
Planning & Zoning Commission Meeting October 5, 2017 Page 2 of 14
Motion carried
Variance:
5030 Carpenter Avenue
Applicant: McCue Builders
Project No.: 981.17
Project Manager: Bethany Salmon
Motion: Commissioner Holmstrom, second Commissioner Cirone to open the Public Hearing at 7:04 p.m.
Ayes: Commissioners Cirone, Holmstrom, Kuhn, Pajor, Garland
Nays: None
Absent: Commissioner Stine
Motion carried
Ms. Salmon presented the staff report stating that the applicant is requesting approval of variance to increase to the maximum permitted size of an attached garage for a new single family home at 5030 Carpenter Avenue. The proposed variance would allow for a seven (7) car garage measuring 1,888 square feet, which exceeds the maximum garage size allowed under Section 10.01 of the Zoning Ordinance. The subject property is a 55,387 square foot vacant lot that is located in the Hunt Club East subdivision and is zoned R-2 Single Family Residential District. The surrounding properties are vacant and approved for single family homes in the future.
Ms. Salmon stated that the maximum size for private garages on single family residential lots greater than 43,560 square feet, or 1 acre, is a five (5) car garage not to exceed 1,200 square feet in size. The proposed garage exceeds the size allowed under the Zoning Ordinance by two (2) cars and 688 square feet.
Ms. Salmon discussed the floor plan and building elevations, stating the garage is divided into two separate sections that share a driveway. One section includes a four (4) car garage oriented toward the street and the other section includes a three (3) car garage oriented to the south. The house will appear to have a five (5) car garage based on the number of garage doors. There are two double garage doors and one single garage door. With the exception of the garage size, the proposed house meets the Hunt Club East PUD and zoning code requirements.
Ms. Salmon stated the petitioner has requested a variance in order to sell the lot to the prospective buyer. The future owner intends to store personal vehicles inside the garage and would like an extra area to work on cars. The petitioner confirmed that the future homeowner has no intent of running a business out of the garage. The petitioner also stated that the Zoning Code is too restrictive on garage sizes for large residential lots.
After reviewing the project, staff is of the opinion that the request may not meet the strictest interpretation of the Standards for a Variance. However, one factor to consider is the size of the lot. The property is 55,387 square feet or 1.27 acres in size, making it the largest residential lot in Hunt Club East. According to the PUD, the minimum residential lot size approved was 11,009 square feet and the average lot size was 16,102 square feet. Of the 285 residential lots, only three were approved to be larger than 1 acre in size.
Ms. Salmon discussed recent updates Section 10.01 of the Zoning Ordinance, which includes the regulations for garages. In July of 2016, the Zoning Ordinance was amended to allow for larger garages based on the size of a single family lot. Prior to this code update, the Zoning Ordinance was more restrictive and did not account for lot sizes.
The text amendment was intended to give greater flexibility to property owners and to reduce the number of requests for garage variances on large single family lots.
Ms. Salmon stated that approval of the variance would not be detrimental to the public welfare or surrounding properties and would not alter the character of the neighborhood. The proposed single family house is consistent with the Hunt Club East PUD and meets other bulk zoning code requirements. The proposed garage is compatible in design, scale, and mass of the house. Additionally, the house will have the visual appearance of a five (5) car garage due to the number of garage doors.
Ms. Salmon reported that staff received a letter from a neighboring property owner in support of the requested variance.
Billy McCue was sworn in McCue Builders Bristol, IL
Mr. McCue is the owner of McCue Builders. Mr. McCue stated that he and appraisers would considers the requested garage as a five (5) car garage based on the number of garage doors, not a seven (7) car garage under the Village’s Zoning Ordinance. The Hunt Club subdivision and other newer subdivisions do not allow for sheds or larger vehicles to be parked in the driveway. Mr. McCue noted that builders are constructing larger garages for newly constructed homes and the codes are too restrictive to accommodate the typical garage size. Larger garages allow for fewer cars parked in the street or driveways, which enhances the safety and aesthetic of the neighborhood.
No additional members of the audience wished to speak at the Public Hearing.
Motion: Commissioner Holmstrom, second Commissioner Garland to close the Public Hearing at 7:12 p.m.
Ayes: Commissioners Cirone, Holmstrom, Kuhn, Pajor, Garland
Nays: None
Absent: Commissioner Stine
Motion carried
Commissioners Comments:
Chairman Pajor asked staff what codes restrict a home business from operating out of a large garage of this size. Ms. Salmon stated that violations for home businesses are generally complaint driven and reported to the Village, which are then handled through code enforcement. The home occupations section of the code does not allow for a vehicle repair business in a single family home.
Mr. McCue stated that the garage is not as large as it seems because there is not a lot of space between the garage door opening and the walls.
There was a discussion over the recent text amendment which allowed for larger garages on larger residential lots. Commissioner Kuhn suggested that there may be an opportunity to reexamine the sizes of garages allowed under the Zoning Ordinance.
Chairman Pajor noted that a five (5) car garage is an appropriate size for a garage and given the recent text amendment to the code, he cannot support the variance.
Commissioner Kuhn noted the garage variance is a reasonable request because the property is the largest lot in the subdivision and the garage is aesthetically designed well.
Recommendation:
Motion: Commissioner Kuhn, second Commissioner Holmstrom to accept the findings of fact for the Standards of the Variance and to recommend approval of the Variance to increase the size of the garage for the single family home located at 5030 Carpenter Avenue.
Ayes: Commissioners Cirone, Holmstrom, Kuhn, Garland
Nays: Commissioner Pajor
Absent: Commissioner Stine
Motion carried 4-1
Chairman Pajor requested to amend the agenda to review the Site Plan Review for 225 Kendall Point Drive prior to the Public Hearing for Delta Sonic Car Wash.
Site Plan Review:
225 Kendall Point Drive Parking Lot
Applicant: ACP Properties LLC
Project No.: 984.17
Project Manager: Rod Zenner
Director Zenner presented the staff report stating that the applicant is requesting approval of a Site Plan Review to allow for the development of a parking lot. The site is zoned M-2 General Manufacturing District and is vacant pending development.
The parking lot will provide twenty (20) additional parking spaces for the existing industrial building located across the street to the east. The parking lot meets all the engineering plan approvals, but has not been reviewed at this time to determine if it meets landscaping requirements. Staff plans to work with the applicant to determine the correct landscaping amounts for the parking lot.
Daniel J. Kramer was sworn in Bristol, IL
Mr. Kramer is the attorney representing HQC, the company that would like to construct the parking lot. Mr. Kramer provided a brief summary of the location and plans for the proposed parking lot. Mr. Kramer plans to work with staff to determine the correct amount of landscaping required and noted that the engineering plans have been previously approved.
Commissioners Comments:
There was a discussion on whether Kendall Point Drive will be extended to the north in the future. Director Zenner stated that there are long term plans to connect Kendall Point Drive to Weisbrook, which will require the construction of a bridge over the creek.
There was a discussion over what the property was originally envisioned to be used for when the Kendall Point industrial park was developed. A future building could be constructed on the remaining vacant portion of the lot in the future.
There was a discussion over safety concerns for crossing the street from the parking lot to the existing business. The code allows for off-street parking on a separate lot within 300 feet and Kendall Point Drive, which is currently a dead-end street.
Mr. Kramer stated that the proposed parking will be for employees and customers. The business understands safety is a factor and will install proper lighting in the parking lot.
Recommendation:
Motion: Commissioner Garland, second Commissioner Cirone to recommend approval of the Site Plan subject to the following conditions:
1. That the petitioner provides landscaping as recommended in the staff report dated September 26, 2017
2. That the petitioner submit final drawings showing lighting and other improvements for the Village Board consideration
Ayes: Commissioners Cirone, Holmstrom, Kuhn, Pajor, Garland
Nays: None
Absent: Commissioner Stine
Motion carried
Preliminary & Final P.U.D./Special Use Permit:
Delta Sonic Car Wash
Southeast corner of Route 34 & Kendall Point Drive
Applicant: Delta Sonic Car Wash Systems, LLC
Project No.: 968.17
Project Manager: Rod Zenner
Motion: Commissioner Kuhn, second Commissioner Holmstrom to open the Public Hearing at 7:26 p.m.
Ayes: Commissioners Cirone, Holmstrom, Kuhn, Pajor, Garland
Nays: None
Absent: Commissioner Stine
Motion carried
Director Zenner stated that this is a new public hearing for Delta Sonic. The original public hearing was held on July 6, 2017. It was determined that not every property within 250 feet of the proposed development received written notice of the public hearing. Therefore, the proposal has been brought back before the Planning and Zoning Commission to re-open the public hearing to accept additional testimony and to provide a recommendation to the Village Board.
Staff recently received revised plans from the petitioner on Friday, September 29. The revised plans were distributed to the Commissioners and include the following changes:
- The elimination of a left turn lane to Kendall Point Drive
- A revised landscape plan with additional landscaping
- A fence along the southern property line for additional screening
James Boglioli was sworn in Delta Sonic Car Wash Systems Inc. Director of Development Buffalo, New York
Mr. Boglioli is the director of development representing Delta Sonic. Mr. Boglioli presented a power point presentation highlighting the following:
- The location of the proposed project
- The zoning of the property as B-3 Commercial Service and Wholesale District, which permits automobile service stations, restaurants with drive-throughs, and retail. The car wash, or automobile laundry, requires a special use permit.
- The surrounding land uses and zoning districts
- The Comprehensive Plan designation of the property as commercial
Mr. Boglioli presented an exhibit of the revised site plan on the power point presentation and stated that the property will include the following uses:
- A convenience store with a restaurant
- Automobile service shop, with express detailing and oil lube service
- A vacuum station building and outdoor vacuum stations
- Gas pump and fueling station
- Car wash building and prep hut
Mr. Boglioli stated that the car wash prep hut will be the closest structure to any residence and will be over 600 feet away from any residence.
Mr. Boglioli discussed the modifications to the site plan, which include a 6 foot tall solid wood fence along the southern property line and additional landscaping.
Mr. Boglioli stated that Delta Sonic will have the following hours of operation:
- The car wash and detail shop will operate from 7:00 a.m. until 9:00 p.m. on Monday through Saturday and 8:00 a.m. until 7:00 p.m. on Sunday.
- The oil change will operate from 8:00 a.m. until 7:00 p.m. on Monday through Saturday and 8:00 a.m. until 5:00 p.m. on Sunday
- The convenience store, gas station, and drive-up restaurant will be open Monday through Friday from 5:30 a.m. until 10:00 p.m., Saturday 6:00 a.m. until 10:00 p.m. and Sunday 7:00 a.m. until 10:00 p.m.
Mr. Boglioli commented that project meets the required parking and exceeds the minimum requirements under the code.
Mr. Boglioli stated the revised plans also include changes to access from Route 34 and Kendall Point Drive, including the following:
- The original plan included two access points on Route 34. The revised plan includes one access point on Route 34 with left-in, right-in, and right-out access and a right turn deceleration lane.
- The revised plan includes a right-out onto Kendall Point Drive toward Route 34, which remains unchanged and was included on the original plans.
- The original plan included a full-access point on Kendall Point Drive, which has been modified on the revised plans to add a “pork chop,” which will restrict access. The driveway will include left-in, right-in, and right-out access. There will be no ability to make a left out onto Kendall Point Drive into the Steeplechase subdivision. The Steeplechase subdivision asked to limit car traffic into the neighborhood. A splitter island was added.
Chairman Pajor asked if there was a barrier median on Kendall Point Drive that would limit vehicles from turning left onto Kendall Point Drive. There was a discussion on the design of the access drive. Mr. Boglioli stated that the site was previously approved for a full-access driveway and that Delta Sonic is proposing a more restrictive access. Mr. Boglioli commented that the Steeplechase neighborhood will not be used as a short cut due to the speed limit and street design of the neighborhood.
Mr. Boglioli stated the photometric lighting plan shows all lighting will be contained on the property, night-sky compliant, downward facing, and shielded.
Mr. Boglioli presented a noise mapping exhibit on the power point presentation showing the sound levels to neighboring properties calculated with the proposed fence in place, but without proposed landscaping. Noise levels will be below code requirements. The Village allows for 60 decibels during the day and 55 decibels at night at the property line of residential property. The sound map shows 57.7 decibels at the residential property line during the day. Mr. Boglioli stated the landscaping will decrease noise further. The site will be closed at 10 p.m. and therefore will not generate noise during the night.
Mr. Boglioli discussed the traffic study, access to and from the site, and that the majority of the customers will enter and exit from Route 34.
On the power point presentation exhibits, Mr. Boglioli discussed the building elevations. The car wash will be a brick building with vertical columns, the retail building will include brick and split-face block with a metal roof, and the oil change and detailing building has a greenhouse appearance.
Mr. Boglioli discussed the Special Use Standards submitted with the project application. Mr. Boglioli stated the project is desirable to provide a service that contributes to the general welfare because the facility will provide services that do not exist in the area. The building and site is designed with significant landscaping and high quality materials.
Mr. Boglioli noted that he reviewed the documents submitted by the residents opposing the project. Mr. Boglioli commented that the economic development information included in the documents submitted by the Steeplechase residents states that the Route 34 trade area has a strong unmet demand for businesses including gas stations. The 2014 economic incentive policy submitted by the residents also notes that auto dealers, auto parts, and auto repair categories should be concentrated on the Route 34 corridor.
Mr. Boglioli stated that the project will not have an adverse effect on adjacent properties. The site is not directly adjacent to residences and a ComEd easement is located between the site and nearby residences. The closest building on the Delta Sonic site will be over 600 feet away from the closest residence. The noise study shows that noise generated will be below code requirements, lighting will be contained inside the property, and the traffic study has been accepted by the Department of Transportation.
Mr. Boglioli stated the project has been considered in relation to the Village’s Official Plan. The site is zoned B-3 Commercial Services and Wholesale District and the majority of the proposed uses are permitted uses in the district. Only the car wash requires a special use permit. The Comprehensive Plan identifies the area as commercial and identifies 228 acres of land for new retail development in the Village.
Mr. Boglioli stated there will be reasonable assurances that the project will be completed and maintained. Delta Sonic has been in business for 40 years and is a family-run business. They operate 29 car wash locations, which are well-maintained and do not have complaints from neighbors.
Audience Comments:
Dan Anderson was sworn in Steeplechase Oswego, Illinois
Planning & Zoning Commission Meeting October 5, 2017 Page 8 of 14
Mr. Anderson represents a committee of Steeplechase residents opposing the location of a Delta Sonic. The committee provided the Planning and Zoning Commission with a packet of tabbed information.
Mr. Anderson referred to Tab #5 of the packet submitted to the Planning and Zoning Commission. The Village’s “Economic Incentive Policy,” which includes categories that should be included in the search for new businesses, does not include a gas station or car wash. Mr. Anderson commented that there has been an oversaturation of some businesses that has led them to close, be taken off the tax rolls, and remain empty.
Mr. Anderson expressed concerns that approving a Delta Sonic could create the same scenario facing some other businesses in the Village. Mr. Anderson questioned what will happen when Delta Sonic or 13 similar businesses close and the challenge of reusing a property that was once a gas station or car wash. Mr. Anderson noted the Village’s Strategic Plan states it is the desire of the Village to meet the needs of consumers without cannibalizing existing businesses.
Mr. Anderson referenced a news article included in Tab #6 of the packet submitted to the Planning and Zoning Commission, which states that Volvo will stop production of all totally gasoline powered cars in 2019. Other auto companies are moving toward hybrid or electric cars. Mr. Anderson stated fewer gas stations will be needed based on changes to how vehicles are powered. This trend may require the Village to find someone willing to purchase a 10 acre plot if Delta Sonic closes. Mr. Anderson stated that the Village does not need more “white elephant” businesses.
Mr. Anderson urged the Commissioners to vote no on the project.
Rich Rigoni was sworn in Steeplechase Oswego, Illinois
Mr. Rigoni questioned if Delta Sonic would be a good neighbor to the Steeplechase subdivision. Mr. Rigoni stated that in October 2016, Delta Sonic Car Wash Sytems Inc. and Ronald Benderson reached an $800,000 mediated settlement of a class action lawsuit in which employees alleged violations of the Federal Fair Labor Standard Act. The complaint is not that the defendants failed to pay each Delta Sonic Technician an hourly wage equal to or greater than minimum wage, but that Delta Sonic violated federal and state wage laws by failing to give notice to employees that they would receive less than minimum wage and failing to include allowances for tips on a separate line on employees wage records. The lawsuit claims that some Delta Sonic Technicians were paid less than minimum wage because the company wrongly credited them with tip income that the workers had not in fact received. Mr. Rigoni noted that the list of sources is included in Tab #12 of the packet submitted to the Planning and Zoning Commission.
Mr. Rigoni referenced Tab #7 of the packet submitted to the Planning and Zoning Commission, which includes Freedom of Information Act (FOIA) requests to other Illinois communities with a Delta Sonic. Mr. Rigoni expressed concerns on the number and types of crime reported at other Delta Sonic locations, particularly because there has already been an escalation of violent crime in the area. Mr. Rigoni stated police reports indicate that several police officers are needed at times to deal with issues at these Delta Sonics. Mr. Rigoni commented that questions asked at the Planning and Zoning Commission meeting on July 6 regarding crime prevention practices by Delta Sonic have been was left unanswered. Mr. Rigoni stated that a business with the profile suggested by class action lawsuit and police reports is not compatible with the community.
Mr. Rigoni urged the Commissioners to vote no on the project.
Cora Lienert was sworn in Steeplechase Oswego, Illinois
Ms. Lienert referenced Tab #8 and Tab #9 in the packet submitted to the Planning and Zoning Commission. Ms. Lienert noted that residents appreciate the removal of the left turn lane onto Kendall Point Drive, but still have concerns regarding traffic.
Ms. Lienert stated that some drivers enter Steeplechase from the south using Yoakum as a short cut to get to Route 34. Residents believe this route through Steeplechase will be used to access Delta Sonic because it avoids turning right onto Fifth Street during busy times, bypasses two traffic lights, and has no northbound stop signs. Ms. Lienert stated that the neighborhood is a senior community with many elderly residents and increased traffic will create a safety and health risk for residents.
Ms. Lienert noted that the Steeplechase residents submitted a FOIA request to obtain traffic data and contacted the Oswego Police Department to obtain traffic surveys, but there were none. Ms. Lienert questioned how residents can accept the KLOA study findings for Delta Sonic without a traffic study by the Village. The study considered traffic traveling south but never considered northbound traffic through Steeplechase.
Ms. Lienert commented that Delta Sonic is estimated to have 500 cars daily and 900 cars on the weekend. Ms. Lienert provided industry data from the National Association of Convenience and Fuel Retailers, which indicates an average traffic volume of over 1,000 cars daily through a convenience store. The KLOA traffic studies measuring the potential impact to Steeplechase were done in February when many residents are gone for the winter. Ms. Lienert questioned if the data presented for this project is correct.
Ms. Lienert referenced Tab #9 in the packet submitted to the Planning and Zoning Commission, which includes an e-mail acquired through a FOIA request. Ms. Lienert stated that the Village was unwilling to close Kendall Point Drive if traffic became a problem and questioned who had the authority to make this decision and why. Ms. Lienert stated the message to residents is that increased traffic is okay with the Village.
Ms. Lienert urged the Commissioners to vote no on the project.
Shirley Breedlove was sworn in Steeplechase Oswego, Illinois
Ms. Breedlove expressed concerns regarding traffic and sound abatement. Ms. Breedlove referred to Tab #10 in the packet submitted to the Planning and Zoning Commission, which includes information on fencing. Ms. Breedlove stated that residents inquired about installing a wall like the one on the Route 30 bypass to mitigate sound and light at a meeting with Director Zenner. Residents were informed that a wall this size would cost $1 million dollars. Residents contacted a firm in Virginia that makes this type of a wall and were told that the total price installed would be $80,000. Ms. Breedlove stated that perhaps the cost of doing business in Illinois is higher than in Virginia, but residents do not believe it would be more than 10 times higher.
Ms. Breedlove referenced the issue of increased traffic discussed at the Planning and Zoning Commission meeting on July 6. There was a hypothetical discussion over if a grocery store was to be built on the Delta Sonic site. Ms. Breedlove stated that Director Zenner’s comment that 2,000 cars could potentially visit a grocery store daily impacted the Commissioners’ votes because perhaps the Commissioners felt Delta Sonic would have less of a traffic impact than the hypothetical grocery store. Ms. Breedlove questioned the data, commenting that faulty data leads to faulty conclusions.
Ms. Breedlove stated that Delta Sonic representatives offered to provide Steeplechase residents the manager’s phone number in case traffic spilled out onto Kendall Point Drive at the Planning and Zoning meeting on July 6. Ms. Breedlove questioned if Delta Sonic and the Village are a creating a problem and attempting an inadequate solution. Ms. Breedlove stated that increased traffic and sound from Delta Sonic will negatively impact the Steeplechase subdivision.
Ms. Breedlove urged the Commissioners to vote no on the project.
Carol Latina was sworn in Steeplechase Oswego, Illinois
Ms. Latina stated that Chairman Pajor questioned what was envisioned for the site at the previous public hearing. Ms. Latina stated the site has been identified for many years on the Village maps as the Shops of Kendall Point. Ms. Latina stated that maps are important in creating expectations for residents and the Delta Sonic is not consistent with the Shops of Kendall Point.
Ms. Latina noted that comments made at the meeting tonight have considered the route through Steeplechase to Delta Sonic via Yoakum Boulevard a circuitous route or a shortcut. It takes less than a minute and a half to get through the route from Route 34 to Yoakum Boulevard, which is an advantage to drivers than the other route options.
Ms. Latina noted that 268 Steeplechase residents signed a petition opposing the location of the Delta Sonic.
Ms. Latina addressed the Special Use Permit Standards. Ms. Latina asserted that she and the Steeplechase residents believe that these standards have not been met. Ms. Latina submitted detailed comments on the Standards in the packet to the Planning and Zoning Commission.
Ms. Latina noted that Standard #1 states that the applicant must provide evidence that the use is necessary or desirable, is in the best interest of the public convenience, and will contribute to the general welfare of the neighborhood or community. Ms. Latina commented there are 13 similar businesses located on the same stretch of Route 34, which makes the project neither desirable nor necessary. Ms. Latina commented that general welfare is not promoted by the aesthetics of buildings. General welfare has a deep history in government and is regarded as the organized effort of a community or government to improve the living conditions and standards of its members or citizens.
Ms. Latina noted that specific comments on Standard #2 are included in the packet submitted to the Planning and Zoning Commission for review.
Ms. Latina noted that Standard #3 states that the project will be designed to permit development and use of the neighboring property. Ms. Latina stated that Delta Sonic has determined that the ComEd easement, the vacant land to the east, and the two adjacent roads are considered adjacent properties. However, Steeplechase is also an adjacent property that should be included in thinking about the adverse impacts of the project.
Ms. Latina noted that Standard #4 states that the project has been considered in relation to the objectives of the Official Plan of the Village. However, there is no document called the Official Plan on the website, so it is difficult to provide evidence or refute evidence if the Official Plan is not there or available.
Ms. Latina stated that the Commission is charged with the responsibility of regulating and enforcing the codes, which includes the Special Use Standards. Ms. Latina stated that these clearly ask for evidence of compliance and while what Delta Sonic has provided in the staff report might sound like evidence, it is in some cases just a restatement of the Standard. Ms. Latina noted some responses do not relate to the Standards and some are the applicant’s opinion submitted as evidence or statement of facts used as evidence like the location and zoning. Ms. Latina stated that the Standards are in the codes for a reason because they hold an applicant to a higher degree of compliance.
Ms. Latina urged the Commissioners to vote no on the project on the basis of non- compliance with Special Use Standards.
Ms. Latina also submitted information in the packet to the Planning and Zoning Commission on code violations by Delta Sonic. Ms. Latina noted that several codes have been violated, including the “Coming Soon” sign ordinance, the Notice to Adjacent Landowners and the Pre-Application Meeting Process.
Ms. Latina stated the first violation is the “Coming Soon” sign, which was discussed at the previous public hearing. According to code, the sign can be a maximum of 32 square feet, but the Delta Sonic sign measures 128 square feet. Ms. Latina reported that no action has been taken since the meeting and the original sign is still standing.
Ms. Latina stated the second violation is the Notice to Adjoining Landowners, which the Village took responsibility for. Ms. Latina commented that the code says the applicant is responsible and required to mail notifications. Ms. Latina questioned why Benderson Development did not take responsibility for the notification mailings. Ms. Latina stated communications and time constraints that led to the mistake are included in the copies of e-mails provided in the packet to the Planning and Zoning Commission.
Ms. Latina stated the third violation involves the Pre-Application Meeting, which reads that the Village will notify government and private bodies, groups or individuals that may have a special interest in the subject matter of this pre-application meeting. Ms. Latina noted that she submitted a FOIA request for documents from this meeting, but was denied under a FOIA exemption. Director Zenner informed residents that the meeting is not intended for neighboring property owners. Ms. Latina commented that this situation may have been avoided if residents had been offered a seat at the table when positions were still flexible and adjustments could be made. Ms. Latina stated that if that meeting is an internal meeting, the Village should change the code, but if the code stands as written, then invite interested private parties, groups or individuals to the table.
Ms. Latina discussed the importance of enforcing codes, stating no one should be able to flex codes to meet their own needs or break them and experience no consequences. Ms. Latina concluded that Benderson/Delta Sonic violated two codes, the “Coming Soon” sign code and the Notice of Public Hearing code, and a probable third, the Pre- Application Meeting code. Ms. Latina commented that in addition to the non-compliance with Special Use Standards, there is a situation in which codes hold little control over the development that they are supposed to regulate.
John Secor was sworn in Steeplechase Oswego, Illinois
Mr. Secor noted the project is too large and is located on prime land that will be wasted for a 10 acre gas station. The services, including a convenience store, car wash, gas station, restaurant, already exist in the area. The proposed project also does not include a sidewalk along Route 34. A sidewalk would allow people to walk or access a future bus along Route 34.
No additional audience members wished to speak at the public hearing.
Chairman Pajor commented that he has never seen a more organized, professional presentation by residents before Plan Commission or Village Board. Chairman Pajor is appreciative of all of the time residents took to present to the Commission.
Motion: Commissioner Kuhn, second Commissioner Holmstrom to close the Public Hearing at 8:10 p.m.
Ayes: Commissioners Cirone, Holmstrom, Kuhn, Pajor, Garland
Nays: None
Absent: Commissioner Stine
Motion carried
Mr. Boglioli addressed comments presented by the residents. Mr. Boglioli presented a comparison between Delta Sonic and a development similar to the Shops at Kendall Point with restaurant and retail uses. Mr. Boglioli presented exhibits on the powerpoint presentation showing a hypothetical site plan and analysis for 56,000 square feet of retail and 25,000 square feet of restaurant users on the site. The hypothetical traffic analysis shows that the weekday morning peak hours for the retail center would be lower than Delta Sonic, but the weekday evening peak hours and Saturday midday peak hours for the retail center would be higher than for Delta Sonic. Mr. Boglioli stated that retail and restaurant businesses would also have increased hours of operation compared to Delta Sonic, with increased hours of traffic and noise levels.
Mr. Boglioli discussed the wall requested by residents. Mr. Boglioli stated there is no noise to mitigate according to the noise study. A solid 6 foot fence and additional landscaping has been added and all light will be contained on the property.
Mr. Boglioli discussed the police reports and stated that they have not received any negative comments from the Police Department regarding the project. Mr. Boglioli commented that not all of the police reports are considered serious or violent crimes.
Mr. Boglioli stated traffic has been directed away from the Steeplechase neighborhood.
Commissioners Comments:
Chairmain Pajor questioned the status of the “Coming Soon” sign. Director Zenner responded that the sign may be a violation of the code and will review the Annexation Agreement to see if a larger sign is allowed on the property. Mr. Boglioli stated that Delta Sonic will remove the sign if it is a violation of the code.
Commissioner Cirone asked for clarification on how the Delta Sonic proposal differs from a typical commercial property in terms of traffic, lighting, sound, police, or the potential closure of the business. Director Zenner responded that all businesses generate traffic, have visits from the Police Department, and face a possibility of closure.
There was a discussion on the zoning of the property under the B-3 District, which is intended for commercial uses and is the most intensive commercial district.
Commissioner Cirone asked for clarification on the acceptance of evidence for Special Use Standards. Director Zenner responded the Plan Commission and Village Board determine whether the evidence for the Standards has been met based on the plans, studies, and operation of the business. Staff believes that the petitioner has met the Standards.
Recommendation:
Motion: Commissioner Pajor, second Commissioner Cirone to accept the findings of fact and approval of the Preliminary and Final P.U.D. and Special Use Permit for an automobile laundry for Delta Sonic.
Ayes: Commissioners Cirone, Holmstrom, Pajor, Garland
Nays: Commissioner Kuhn Absent: Commissioner Stine
Motion carried 4-1
5. Old Business
None.
6. New Business
Site Plan Review
225 Kendall Point Drive Parking Lot
Applicant: ACP Properties LLC
Project No.: 984.17
Project Manager: Rod Zenner
The project was reviewed prior to the Public Hearing for Delta Sonic Car Wash.
7. public forum
No audience members wished to speak at the Public Forum.
8. Chairman’s Report
Chairman Pajor announced that Commissioner Purkeypile has submitted her resignation from the Planning & Zoning Commission effective immediately. There is now a vacancy on the Planning & Zoning Commission.
Chairman Pajor announced that he will be unable to attend the next Planning & Zoning Commission meeting on November 9, 2017. Ken Holmstrom, the Vice Chairman, will be the acting Chairman at the next meeting.
Chairman Pajor requested a summary of the Village Board actions be forwarded to the Planning & Zoning Commissioners after the Board meetings.
9. Commissioners Report
Commissioner Cirone stated he is appreciative of the residents’ comments at the meeting, which were professional and organized. There was a discussion that the downturn in the retail market has impacted the development of the Delta Sonic site.
10. Historic Preservation Commissioner Report
No report.
11. Eco Commission Report
No report.
12. Community Development Department Report
No report.
13. Oswegoland Park District Report
No report.
14 Next Meeting - November 9, 2017
15. Adjournment
Motion: Commissioner Holmstrom, second Commissioner Cirone to adjourn the meeting at 8:23 p.m.
Ayes: Commissioners Cirone, Holmstrom, Kuhn, Pajor, Garland
Nays: None
Absent: Commissioner Stine
Motion carried
Chairman Pajor adjourned the Planning & Zoning Commission Meeting at 8:23 p.m.
http://www.oswegoil.org/pdf/2017.10.05-pz-minutes.pdf
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