Village of Oswego Planning and Zoning Commission met April 5.
Here is the minutes provided by the Commission:
1. Call To Order
Chairman Pajor called the Oswego Planning & Zoning Commission Meeting to order at 7:00 p.m.
2. Roll Call
Present: Matt Garland, Ken Holmstrom, Rick Kuhn, Charlie Pajor, Rebecca Stine, Robyn Vickers
Absent: Dominick Cirone
There was a quorum.
Oswego community representatives in attendance were:
Present: Rod Zenner, Community Development Director; Bethany Salmon, Planner; Pam Johnson, Recording Secretary; Judy Sollinger, Village Trustee; Chad Feldotto, Oswegoland Park District
3. Minutes
Motion: Commissioner Holmstrom, second Commissioner Stine to accept the minutes from the March 8, 2018 Planning & Zoning Commission Meeting
Ayes: Commissioners Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers
Nays: None
Absent: Commissioner Cirone
Motion carried
4. Public Hearings
Preliminary Pud Plat
Hummel Trails Neighborhood #10
Applicant: REO Funding Solutions V, LLC
Project #994.18
Project Manager: Rod Zenner
Motion: Commissioner Garland, second Commissioner Kuhn to open the Public Hearing at 7:02 p.m.
Ayes: Commissioners Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers
Nays: None
Absent: Commissioner Cirone
Motion carried
Director Zenner stated the applicant is requesting approval of Preliminary PUD and Subdivision Plat for Neighborhood #10 of the Hummel Trails development to allow for the development of 98 single-family residential lots. Director Zenner stated Hummel Trails was approved in a 2008 Annexation Agreement to have 93 single-family residential lots with a minimum lot area of 6,600 square feet with a minimum lot width of 50 feet. Director Zenner stated the proposed subdivision has 98 single-family residential lots with a minimum lot square footage of 6,600 square feet and a minimum lot width of 55 feet. Director Zenner stated the Annexation Agreement allowed for a 5% adjustment in the number of lots to the Concept Plan. Director Zenner stated the lots will have the required setbacks and the road layout is consistent with the approved Concept Plan for Hummel Trails and therefore staff recommends approval.
Commissioner Cirone arrived at 7:05 p.m.
Mike Schoppe was sworn in Oswego, IL
Kevin Serafin was sworn in Aurora, IL
Mr. Schoppe and Mr. Serafin are representatives of the developer REO Funding Solutions V.
Mr. Schoppe stated Hummel Trails Neighborhood #10 will be an age-targeted neighborhood which will require certain covenants to go along with the Final Plat that identify characteristics to make this neighborhood targeted toward the senior community. Mr. Schoppe stated the minimum lot width on the Preliminary Plat is 52.1 feet, which is consistent with the design standards.
Chairman Pajor asked to clarify where the stormwater detention area will be located. Mr. Serafin stated the stormwater facility is not needed for this portion of the development and will be constructed with the adjacent lot in Hummel Trails.
Audience Comments:
Durwood Hafenrichter was sworn in Oswego, IL
Mr. Hafenrichter asked about the type of homes that will be constructed in the development and stated he is concerned about his taxes being increased. Chairman Pajor stated the homeowners will be paying taxes and the developer will be making school and park donations as required by the Village Ordinance, and there are a variety of impact fees the developer will pay. Director Zenner stated the development will be a retirement type community similar to the Villas in Southbury.
Mr. Hafenrichter asked if the petitioner is allowed to change the final plans to single- family homes that are not age-targeted once this present request is approved by the Village Board. Director Zenner stated the approved 2005 Annexation Agreement for the 400-acre parcel entitles the developer to develop single-family units, apartments, age- restrictive units and commercial products. Director Zenner stated the petitioner would be required to submit a request to the Planning & Zoning Commission and work through the approval process again if the plans for Neighborhood #10 are amended in the future. Mr. Hafenrichter stated he is not against growth but does not want his taxes to increase because of it. Commissioner Kuhn stated the purpose of the Planning & Zoning Commission is to address these concerns. Director Zenner stated the price-point for impact fees have been established by the Village to cover the costs of schools, police, fire and infrastructure.
Glenn Faust was sworn in Oswego, IL
Mr. Faust stated a diagram would be helpful to identify the location and sizes of the proposed single-family lots for Hummel Trails Neighborhood #10. Mr. Faust stated he had participated in the 2008 meetings when Hummel Trails was initially approved and has not seen any drawings since that time. Chairman Pajor suggested having the meeting packets available on the Village website would be helpful for citizens to understand the proposed projects being presented to the Planning & Zoning Commission. Director Zenner stated the plans for Hummel Trails have not had any major changes in the past ten years since the initial approval. Chairman Pajor stated there are a few extra lots and the lots are slightly wider than on the original plans.
Mr. Faust discussed the Comprehensive Plan that was presented to the public in 2008 and the current Wolfs Crossing Reconstruction Plan. Chairman Pajor stated the discussion for tonight’s meeting is only in regard to Hummel Trail Neighborhood #10 that has access onto Woolley Road and potential future roads that were part of the original plan. Chairman Pajor suggested to the audience to contact the Village of Oswego Community Development Department for copies of proposed plans prior to the Planning & Zoning Commission meetings. Mr. Faust stated at the 2008 meeting diagrams were provided for informational purposes.
No additional audience members wished to speak at the public hearing.
Motion: Commissioner Stine, second Commissioner Kuhn to close the Public Hearing at 7:17 p.m.
Ayes: Commissioners Cirone, Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers
Nays: None
Absent: None
Motion carried
Commissioner Comments:
Chairman Pajor asked the petitioner’s representatives for additional detail regarding the age restriction of the proposed project. Mr. Schoppe stated that standards were included in the 2008 Annexation Agreement outlining general architectural quality and sizes and will be reviewed by the Planning & Zoning Commission as part of the Final PUD process. Chairman Pajor stated there will not be a Public Hearing for the Final PUD.
Commissioner Kuhn asked to clarify the age parameters for the proposed development. Mr. Schoppe stated the project is for age-targeted residents, not age-restricted, and the Annexation Agreement has minimum criteria outlined in the covenant for items such as first-floor master bedrooms and the prohibition of playground equipment. Director Zenner stated the Villas at Southbury are an example of a local age-targeted community. Commissioner Cirone asked if the demographics of the Villas at Southbury community are for 55-years and older. Director Zenner stated 55-years and older is the target age for the Villas at Southbury community and stated the price point for the age-targeted units are typically higher per square foot than single-family units.
Recommendation:
Motion: Commissioner Kuhn, second Commissioner Holmstrom to accept the findings of fact for the approval of a Preliminary PUD and Subdivision Plat for Hummel Trails Neighborhood #10.
Ayes: Commissioners Cirone, Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers
Nays: None
Absent: None
Motion carried
Major Amendment To The Pud And Special Use Permit For A Communications Tower
Oswego Police Facility
Applicant: Village of Oswego
Project #997.18
Project Manager: Rod Zenner
Motion: Commissioner Stine, second Commissioner Cirone to open the Public Hearing at 7:22 p.m.
Ayes: Commissioners Cirone, Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers
Nays: None
Absent: None
Motion carried
Director Zenner stated the Village of Oswego is requesting approval of a Major Amendment to the PUD and a Special Use Permit to allow for a 120 foot tall communications tower and to alter the approved fence material around the exterior communications equipment. Director Zenner stated in 2017, the Village approved the project for a 70,000 square foot 2-story building. Director Zenner stated the tower will allow for communication to officers in the field as well as to KenCom in Kendall County and possibly shared services of the communication tower with the Fire Department. Director Zenner stated the Village is also seeking approval of a Major Amendment to the PUD for the construction of a 10 foot tall chain-link fence with slats around the trash enclosure and around the communication tower to provide additional security to the area instead of using decorative fencing.
Commissioner Kuhn asked to clarify if the communication tower is located within the fence. Director Zenner stated the communication tower is located within the fence.
No audience members wished to speak at the public hearing.
Motion: Commissioner Kuhn, second Commissioner Holmstrom to close the Public Hearing at 7:24 p.m.
Ayes: Commissioners Cirone, Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers
Nays: None
Absent: None
Motion carried
Commissioner Comments:
Chairman Pajor asked if there had always been a plan to include a communications tower with the new police facility. Director Zenner stated the communications tower was not identified on the original plans as approved by the Planning & Zoning Commission and the Village Board. Commissioner Kuhn asked if the plan is to have the communication tower work with the Fire Department. Director Zenner stated there are discussions to allow the Fire Department and the Public Works Department to use the communications tower, and the height of the tower would allow communication with KenCom in Kendall County. Commissioner Kuhn asked how the Police Department currently communicates with KenCom. Oswego Police Chief Jeff Burgner reviewed the current method of communication between the Police Department facility and KenCom.
Motion: Commissioner Cirone, second Commissioner Garland to accept the findings of fact for the approval of Special Use Permit for a Communications Tower and Major Change to the PUD to allow for a communications tower and a revision to the fence material to allow for a ten foot tall chain link fence with slats around the base of the tower as identified in the plan.
Ayes: Commissioners Cirone, Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers
Nays: None
Absent: None
Motion carried
Special Use Permit For A Cigar, Cigarette, And Tobacco Store
Tobacco Plus More
Applicant: Kheen Inc. (Tobacco Plus More)
Project #998.18
Project Manager: Bethany Salmon
Motion: Commissioner Holmstrom, second Commissioner Garland to open the Public Hearing at 7:28 p.m.
Ayes: Commissioners Cirone, Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers
Nays: None
Absent: None
Motion carried
Ms. Salmon stated the applicant is requesting approval of a Special Use Permit to allow for the operation of a cigar, cigarette, and tobacco store, Tobacco Plus More, at 8 E. Merchants Drive. The property is located in the B-3 Commercial Service and Wholesale District which requires a Special Use Permit for a tobacco store. Tobacco Plus More is currently located at 2472 U.S. Route 30 and has been operating from that location since 2010. Ms. Salmon stated when the Tobacco Plus More store opened in 2010 they did not primarily serve as a tobacco store and did not require a Special Use Permit. Ms. Salmon stated that staff has determined a Special Use Permit is required for the proposed new location at 8 E. Merchants Drive and staff is of the opinion the petitioner has met the standards for the Special Use Permit.
The Commissioners discussed the exact location of the proposed tobacco store on Merchants Drive.
Jack Nevin was sworn in Oswego, IL
Mr. Nevin stated he owns the 7-Eleven franchise store located at 2 E. Merchants Drive and has been in that location for thirty-one years. Mr. Nevin stated he would prefer the Tobacco Plus More store not move in to the location next to his business due to the fact that both stores sell cigarettes and cigarette sales are a large portion of sales at 7- Eleven.
No additional audience members wished to speak at the public hearing.
Motion: Commissioner Garland, second Commissioner Holmstrom to close the Public Hearing at 7:32 p.m.
Ayes: Commissioners Cirone, Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers
Nays: None
Absent: None
Motion carried
Commissioner Comments:
Commissioner Kuhn stated the Planning & Zoning Commission does not want their decisions to have any negative impacts on any businesses.
Motion: Chairman Pajor, second Commissioner Stine to accept the findings of fact for the Standards for a Special Use Permit and recommends approval of the Special Use Permit for a cigar, cigarette, and tobacco store located at 8 E. Merchants Drive, subject to the two provisions that are in staff’s memo.
Commissioner Kuhn asked the petitioner the reason for moving the business location.
Zeshan Khawar
Oswego, IL
Mr. Khawar is a representative of Tobacco Plus More.
Mr. Khawar stated the store has been in Oswego for more than eight years and the rent at their current location has increased from $1,500 to almost $3,000 per month. Mr. Khawar stated the rent at the proposed location is being offered for $1,350 per month and the landlord for the 8 E. Merchants Drive location advised a tobacco store is allowed at that location. Mr. Khawar stated there is competition everywhere, and gave an example of the Jewel-Osco store next to their current location. The Commissioners and Director Zenner discussed the possibility of an existing private covenant for the tenants of the Merchants Drive units.
Ayes: Commissioners Cirone, Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers
Nays: None
Absent: None
Motion carried
Final Pud And Special Use Permit For A Day Care Center
The Learning Experience
JAS Development / Fidelity Construction Co. Inc.
Project #999.18
Project Manager: Bethany Salmon
Motion: Commissioner Kuhn, second Commissioner Vickers to open the Public Hearing at 7:37 p.m.
Ayes: Commissioners Cirone, Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers
Nays: None
Absent: None
Motion carried
Ms. Salmon stated the petitioner is requesting approval of a Special Use Permit to allow for the operation of a day care center and a Final PUD to allow for the development of a one-story, 10,000 square foot building for The Learning Experience located at 91 Templeton Drive. Ms. Salmon stated the site is currently zoned B-2 Community Shopping District and is vacant pending development. Ms. Salmon stated the property was originally annexed into the Village in 2001 and was approved for light manufacturing type uses. Ms. Salmon stated in 2005 the Annexation Agreement, Preliminary PUD and Plat were approved that allowed for the development of Stonehill Plaza and was re- zoned to the B-2 District.
Ms. Salmon stated the petitioner is proposing to change the building location and orientation which would allow the petitioner to locate the building toward the south side of the site and is requesting to orient the main driveway entrance toward Templeton Drive. Ms. Salmon stated staff is working with the petitioner to meet the cross-access configuration as approved on the 2005 site plan to ensure the proposed site will eventually connect to other future developed sites and the proposed plan does meet parking space requirements.
Ms. Salmon reviewed the proposed building material and stated Stonehill Plaza has specific language for approved building material to ensure buildings are compatible and complimentary with other existing and future buildings. Ms. Salmon stated staff is working with the petitioner on minor technical issues with the submitted landscape plan. Ms. Salmon stated the petitioner is requesting two wall signs on the building and an individual monument sign, which deviates from the original Site Plan requirement of one shared monument sign, and staff recommends the petitioner meet the intent of the signage criteria as shown on the approved 2005 plan.
Jason Sfire was sworn in Lake Zurich, IL
John Sfire was sworn in Lake Zurich, IL
Mr. Jason Sfire and Mr. John Sfire are representatives of the developer JAS Development – Oswego LLC.
Mr. John Sfire reviewed the history of JAS Development and provided an overview of The Learning Experience and their projected Chicagoland developments. Commissioner Kuhn asked if local contractors are hired for their projects. Mr. John Sfire stated they hire local contractors and require contractor bids. Mr. John Sfire stated the Village of Oswego staff is of very high quality and deserve to be recognized.
Mr. Jason Sfire presented an overview of The Learning Experience building and site plans. Mr. Jason Sfire stated an alternate cross-access variation was submitted today to staff for review and stated they are willing to work with staff to meet the intent of the approved 2005 site plan provided the safety of the children are prioritized. Chairman Pajor asked if the cross-access drive could be moved further south on the lot. There was a discussion regarding the cross-access drive. Ms. Salmon stated the proposed site was not originally provided with access onto Templeton Drive. Chairman Pajor suggested an area of the parking lot to designate as employee parking. There was a discussion about the parking area for employees.
Mr. Jason Sfire stated they are working with staff to adjust the landscape plan and to include mechanical screening. Ms. Salmon stated the existing surrounding buildings in and around Stonehill Plaza are full masonry buildings and the petitioner is proposing to use partial masonry and Hardie Board siding on the building. There was a discussion regarding the proposed building material and the previously approved building material requirements for Stonehill Plaza. Mr. Jason Sfire stated The Learning Experience has a prototype building model that must be followed per their corporate standards and JAS Development is not able to deviate from the plans.
Mr. Jason Sfire reviewed the building signage and monument plans for the proposed building. Chairman Pajor stated the Stonehill Plaza Agreement indicates a shared monument sign is the desired monument sign style. Mr. Jason Sfire stated the proposed project would be a single tenant building with an individual monument sign. There was a discussion regarding the required and requested signage styles and locations.
Commissioner Cirone asked if the adjacent Lot #23 would have an entrance on to Templeton Drive if The Learning Experience project is built as proposed on Lot #24. Ms. Salmon stated there are currently no development plans for Lot #23. Chairman Pajor reviewed possible future curb cuts and driveway entrances for the surrounding lots.
Mr. John Sfire stated the PUD gives the petitioner the opportunity to deviate from the original plans that required shared monument signs. There was a discussion regarding signage, building materials and what deviations the original PUD allows.
Commissioner Stine asked to clarify the color scheme planned for the building. Mr. John Sfire and Mr. Jason Sfire reviewed the colors of the proposed building materials.
Commissioner Cirone asked if the Goddard School project planned on Stonehill Road is still proceeding. Ms. Salmon stated the Goddard School has not been approved by the Village Board at this time and it would be located in Stonehill Business Park, not Stonehill Plaza. Ms. Salmon stated the Goddard School project on Stonehill Road and The Learning Experience project are for different age groups. Commissioner Garland asked about the status for the Goddard School project on Stonehill Road. Ms. Salmon stated the Goddard School project is still in the review process with staff.
Tim Kellogg was sworn in Oswego, IL
Mr. Kellogg stated he is one of the owners of Stonehill Plaza and was involved in the original rezoning and annexation of the property. Mr. Kellogg stated he supports an individual monument sign for The Learning Experience project.
No additional audience members wished to speak at the public hearing.
Motion: Commissioner Garland, second Commissioner Cirone to close the Public
Hearing at 8:33 p.m.
Ayes: Commissioners Cirone, Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers
Nays: None
Absent: None
Motion carried
Commissioner Comments:
Commissioner Cirone stated he supports an individual monument sign for The Learning Experience project. Commissioner Kuhn stated he supports an individual sign for each business and recommends staff work with petitioner to realign the entrance of the parking lot to the west to better suit the overall development. Commissioner Garland and Commissioner Vickers agreed that moving the parking lot entrance would be a better plan for the development. Mr. Jason Sfire stated they would work with staff regarding the location of the parking lot entrance. There was a discussion regarding the location of parking lot entrances for Lot #23 and Lot #24.
Commissioner Cirone recommended removing staff conditions #4 and #5 included in the staff report. Chairman Pajor recommended amending condition #2 to move the access of the parking lot to the west.
Motion: Commissioner Holmstrom, second Commissioner Stine to accept the findings of fact and recommends approval of the Special Use Permit for a day care center and a Final PUD to allow for the development of a onestory day care facility for The Learning Experience located at 91 Templeton Drive, subject to the following three conditions:
1. Submit revised plans addressing minor technical issues identified by staff prior to consideration by the Village Board.
2. Include additional parking spaces where the two (2) cross access drive are currently proposed and relocate the cross access drives to the south. The proposed cross access drives shall align with the approved configuration for existing and future developments in Stonehill Plaza.
3. Screen all mechanical equipment from public view by the use of walls, fencing, or landscaping that is complementary to the building design.
Ayes: Commissioners Cirone, Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers
Nays: None
Absent: None
Motion carried
5. Old Business
None.
6. New Business
Preliminary And Final Plat
Ogden Falls Oswego
GMX Ogden Falls, LLC
Project #1000.18
Project Manager: Rod Zenner
Director Zenner stated in 2011 the Village approved a PUD for a vet clinic located in Ogden Falls and there was a concept that there may be a future resubdivision to make a more squared entrance to the vet clinic and to make the neighboring property to the east more developable. Director Zenner stated the applicant is requesting approval of a Preliminary and Final Subdivision Plat for Ogden Falls Lots #1 and #2 to allow for the development of the property for a commercial retail building.
Commissioner Comments:
Chairman Pajor asked about the realignment of the current angled drive. Director Zenner stated the engineering design shows the realignment of the drive. Chairman Pajor and Commissioner Cirone discussed the layout of the current drive and the requested realignment of the drive.
Motion: Commissioner Vickers, second Commissioner Garland to accept approval of the Final Plat of Resubdivision for Ogden Falls Oswego.
Ayes: Commissioners Cirone, Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers
Nays: None
Absent: None
Motion carried
Final PUD
ATI Physical Therapy
DXU Architects
Project #1002.18
Project Manager: Rod Zenner
Director Zenner stated the applicant is requesting approval of a Final PUD for Ogden Falls Lot #3 to allow for the development of a 4,188 square foot retail/office building. Director Zenner stated the tenant will provide more than the required parking spaces and will have the required landscaping buffers. Director Zenner reviewed the proposed building elevation and materials. Director Zenner stated they are working with the petitioner to revise the proposed EIFS building material on the front of the building. Director Zenner stated they are working with the petitioner to revise the design of the monument sign.
Eric Styer
Chicago, IL
Mr. Styer is a representative of DXU Architects.
Chairman Pajor asked to verify the color scheme for the building. Mr. Styer stated a revised color scheme was submitted at the request of the building owner and the tenant. Mr. Styer stated they are working with staff regarding the building plans. There was a discussion about the building elevation and building materials and colors.
Chairman Pajor asked if this is a new ATI Physical Therapy location. Mr. Styer stated ATI is relocating from their current location. Mr. Styer reviewed the proposed monument sign at the site. There was a discussion about the monument sign design. Director Zenner stated staff will work with the petitioner regarding the EIFS material and the monument sign design.
Motion: Commissioner Vickers, second Commissioner Kuhn to approval of the Final PUD for Ogden Falls Oswego Lot 3 subject to the following recommendations
1. The petitioner work with staff to explore options to the EIFS material that is in close proximity to pedestrians.
2. The rear wall signage be limited to 2 feet in height.
3. The monument signage be of similar design to the other lots in the commercial development.
Ayes: Commissioners Cirone, Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers
Nays: None
Absent: None
Motion carried
7. Public Forum
No audience members wished to speak at the Public Forum.
8. Chairman’s Report
No report.
9. Commissioners Report
No report.
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
Chairman Pajor introduced Chad Feldotto as the new Oswegoland Park District representative replacing retiring Grant Casleton. Mr. Feldotto introduced himself as the Park District liaison for the Planning & Zoning Commission and provided a background of his role with the Park District.
14 Next Meeting - May 10, 2018
15. Adjournment
Motion: Commissioner Kuhn, second Commissioner Garland to adjourn the Planning and Zoning Commission meeting at 8:58 p.m.
Ayes: Commissioners Cirone, Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers
Nays: None
Absent: None
Motion carried
Chairman Pajor adjourned the Planning & Zoning Commission Meeting at 8:58 p.m.
http://www.oswegoil.org/pdf/2018.04.05-pz-minutes.pdf
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