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Village of Oswego Planning & Zoning Commission met November 8

Meeting240

Village of Oswego Planning & Zoning Commission met Nov. 8.

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: Dominick Cirone, Matt Garland, Ken Holmstrom, Rick Kuhn, Charlie Pajor,  Rebecca Stine, Robyn Vickers Absent: None 

There was a quorum. 

Oswego community representatives in attendance were: Present: Rod Zenner, Community Development Director; Natalie Zine, Planner; 

Pam Johnson, Recording Secretary; Judy Sollinger, Village Trustee; Chad Feldotto, Oswegoland Park District 

3. MINUTES 

Motion: Commissioner Kuhn, second Commissioner Garland to accept the minutes from  the October 4, 2018 Planning & Zoning Commission Meeting. Ayes: Commissioners Cirone, Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers Nays: None Absent: None Motion carried 

4. PUBLIC HEARINGS 

Major Change to the PUD, Final PUD and Special Use Permit Mexican Restaurant Applicant: JLAT, LLC Project #1022.18 Project Manager: Rod Zenner 

Chairman Pajor stated the Public Hearing for project #1022.18 was opened and continued at the October 4, 2018 Planning and Zoning Commission meeting. 

Director Zenner stated the applicant is requesting approval of a Major Change to the PUD, Final PUD and a Special Use Permit for outdoor entertainment to allow for the construction of a one-story restaurant building with a two-story outdoor patio at 63 W. Washington Street. Director Zenner stated the petitioner is requesting approval to expand the patio which requires a Major Change to the PUD and is requesting approval for outdoor entertainment which requires a Special Use Permit if the petitioner hosts more than four outdoor entertainment events per year. Commissioner Comments: 

Planning & Zoning Commission Meeting November 8, 2018 Page 2 of 8 Commissioner Kuhn asked about egress from the parking lot and walkway to the restaurant. Director Zenner stated the grade of the alley will be improved to enhance the elevation of the proposed restaurant as part of the overall Engineering Plan. Commissioner Kuhn and Director Zenner discussed the walkway between the parking lot and the restaurant. 

Chairman Pajor asked about the landscape plan for the parking lot. Director Zenner stated there will be landscaping around the parking lot. Commissioner Kuhn asked about future access to Lot #2 and how pedestrian traffic will be directed. There was a discussion about the slope of the alley and location of the parking lot. 

No audience members wished to speak at the public hearing. 

Motion: Commissioner Kuhn, second Commissioner Vickers to close the Public Hearing  at 7:07 p.m. Ayes: Commissioners Cirone, Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers Nays: None Absent: None Motion carried 

There was a discussion about impact of outdoor entertainment to surrounding businesses. 

Recommendation: 

Motion: Commissioner Kuhn, second Commissioner Cirone to accept the findings of fact  for the approval of the Major Change to the PUD, Final PUD, and Special Use Permit for Outdoor Entertainment for the proposed restaurant at 63 Washington Street, subject to the following conditions: 

1. Staff review ground elevations and pedestrian access to Lot #2. Ayes: Commissioners Cirone, Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers Nays: None Absent: None Motion carried 

Preliminary and Final PUD Adams Street Parking Lot Applicant: Village of Oswego Project #1023.18 Project Manager: Rod Zenner 

Chairman Pajor stated the Public Hearing for project #1023.18 was opened and continued at the October 4, 2018 Planning and Zoning Commission meeting. 

Director Zenner stated the applicant is requesting approval of a Preliminary and Final PUD for 100 Adams Street to allow for the development of a parking lot containing twenty-two parking spaces. Director Zenner stated the parking lot will be asphalt paved with landscaping on all sides and will have access onto Adams Street. 

No audience members wished to speak at the public hearing. 

Motion: Commissioner Garland, second Commissioner Vickers to close the Public 

Hearing at 7:11 p.m. Ayes: Commissioners Cirone, Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers Nays: None 

Planning & Zoning Commission Meeting November 8, 2018 Page 3 of 8 Absent: None Motion carried 

Commissioner Comments: 

None. 

Recommendation: 

Motion: Commissioner Kuhn, second Commissioner Vickers to accept the findings of  fact for the approval of the Preliminary and Final PUD Plat for the Adams Street parking lot located at 100 Adams Street subject to the following conditions: 

1. Staff review ground elevations and pedestrian access to Lot #2. Ayes: Commissioners Cirone, Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers Nays: None Absent: None Motion carried 

Major Amendment to the Preliminary PUD/Plat Wind Gate at Southbury Pod 3 Applicant: Southbury Land Venture, LLLP Project #1024.18 Project Manager: Rod Zenner 

Chairman Pajor stated the Public Hearing for project #1024.18 was opened and continued at the October 4, 2018 Planning and Zoning Commission meeting. 

Director Zenner stated the applicant is requesting approval of a Major Change to the Wind Gate Southbury PUD and approval of a Preliminary PUD to allow for the development of 56 single-family residential lots. Director Zenner stated the 13.875-acre site was approved for 106-townhome units that were never developed. Director Zenner reviewed the proposed lot sizes and stated the proposed amendment is consistent with other approved subdivisions in Southbury. 

Sam Figola was sworn in Oswego, IL 

Mr. Figola is a representative of the Southbury Master Homeowners Association. Mr. Figola stated the Homeowners Association supports the requested proposal to change the development from townhome units to single-family homes. 

Chairman Pajor asked if the Homeowners Association has reviewed the preliminary renderings of the single-family homes. Mr. Figola stated the HOA Board has reviewed and are in favor of the units. Chairman Pajor stated the final renderings will need to be approved by the Homeowners Association. 

Kevin Hennessy was sworn in Oswego, IL 

Mr. Hennessy is a resident in the Herren’s Run Subdivision. Mr. Hennessy stated he has concerns about the maintenance of the detention pond between the Herren’s Run Subdivision and the Southbury Subdivision and has concerns of potential traffic increase. 

Planning & Zoning Commission Meeting November 8, 2018 Page 4 of 8 Mike Stoner was sworn in Oswego, IL 

Mr. Stoner is a resident in the Herren’s Run Subdivision. Mr. Stoner stated maintenance of the pond in the Southbury Subdivision has been neglected. 

No additional audience members wished to speak at the public hearing. 

Motion: Commissioner Vickers, second Commissioner Stine to close the Public Hearing  at 7:22 p.m. Ayes: Commissioners Cirone, Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers Nays: None Absent: None Motion carried 

Commissioner Comments: 

Commissioner Kuhn reviewed the proposed lot sizes and the previously approved lot sizes of the Southbury Subdivision. Commissioner Kuhn stated he is not in favor of reducing the lot sizes for the proposed single-family units for this subdivision. Chairman Pajor stated the proposed single-family units will reduce overall density. There was a discussion about allowable lot sizes in subdivisions. 

Paul Mitchell was sworn in Naperville, IL 

Mr. Mitchell is a representative of the petitioner Southbury Land Venture, LLLP. Mr. Mitchell stated the lot sizes for the proposed Wind Gate are larger than previously approved lot sizes and reviewed the overall density. 

Commissioner Cirone asked if the previously approved subdivision was age-targeted. Director Zenner stated they were age-targeted but not age-restricted. Mr. Mitchell stated the proposed development is age-targeted. 

Chairman Pajor asked about plans for a landscape buffer between the neighboring manufacturing district and the proposed subdivision. Director Zenner stated the landscape buffer requirements for the common areas will be reviewed. 

Chairman Pajor reviewed the comments made by the neighboring residents regarding maintenance of the common areas. Director Zenner stated the maintenance of the detention pond is the responsibility of the Southbury Homeowners Association. Chairman Pajor requested Village Board be made aware of the comments by the residents of Herren’s Run Subdivision. There was a discussion about the Homeowners Associations in the Southbury neighborhoods and the Master Southbury Homeowners Association. 

Commissioner Cirone asked if there is more developable land in the Southbury subdivision. Director Zenner stated Wind Gate is the final area to be developed. There was a discussion about density and lot sizes. 

Recommendation: 

Motion: Commissioner Stine, second Commissioner Vickers to accept the findings of  fact for the approval of the Major Change to the PUD and Preliminary PUD and  Subdivision Plat approval for Wind Gate of Southbury subject to the following conditions: 1. Provide Village Board with landscape and retention pond  maintenance information. Ayes: Commissioners Cirone, Garland, Holmstrom, Pajor, Stine, Vickers Nays: Commissioner Kuhn Absent: None Motion carried 

Variance 700 Buckskin Drive Applicant: Tony Giles Project #1028.18 Project Manager: Natalie Zine 

Motion: Commissioner Holmstrom, second Commissioner Stine to open the Public  Hearing at 7:36 p.m. Ayes: Commissioners Cirone, Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers Nays: None Absent: None Motion carried 

Ms. Zine stated the applicant is requesting approval of a variance to reduce the required setback for accessory structures and uses from five (5) to three (3) feet from any property line to allow for the development of a deck. Ms. Zine stated the proposed variance would allow for footings that are not in the same location as electrical lines. Ms. Zine stated the request does not meet the strictest interpretation of the zoning ordinance or standards for variations and recommends denial of the proposal; however, if approved, the deck would be facing an R-2 zoned vacant lot improved with a large detention pond and no utilities located within the utility easement. 

Ms. Zine stated staff recommends the property owner record a letter stating the deck encroaches an existing utility easement and may be removed at any time if necessary if the petition is recommended for approval. 

Tony Giles was sworn in Naperville, IL 

Mr. Giles is the petitioner for the variance. Mr. Giles stated moving the location of the deck is for safety purposes and reviewed the landscape of the surrounding properties. Chairman Pajor and Mr. Giles discussed utility line locations. 

No additional audience members wished to speak at the public hearing. 

Motion: Commissioner Garland, second Commissioner Holmstrom to close the Public  Hearing at 7:41 p.m. Ayes: Commissioners Cirone, Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers Nays: None Absent: None Motion carried 

Commissioner Comments: 

Planning & Zoning Commission Meeting November 8, 2018 Page 6 of 8 Commissioner Cirone asked about the letter the petitioner would be required to file if the  variance for the deck is approved. Director Zenner stated the letter would be filed as a condition with the ordinance approving the variance. There was a discussion about the letter requirements. 

Chairman Pajor asked if the deck could be relocated to another area of the property. Mr. Giles stated moving the deck to another location on the property would block the rear yard. 

Chairman Pajor reviewed the standards for approving a variance. 

Recommendation: 

Motion: Commissioner Cirone, second Commissioner Holmstrom to accept the findings of fact for the standards for a variance and recommends approval of a two-foot (2’) Variance to the required setback located at 700 Buckskin Drive with the following condition: 

1. Petitioner file a letter of understanding with the ordinance that the deck is located within a utility easement and may need to be removed upon a request for utility access. Ayes: Commissioners Cirone, Garland, Holmstrom, Kuhn, Stine, Vickers Nays: Chairman Pajor Absent: None Motion carried 

5. OLD BUSINESS 

None. 

6. NEW BUSINESS 

Subdivision Plat Old Village Hall Block Applicant: Village of Oswego Project #1021.18 Project Manager: Rod Zenner Director Zenner stated the applicant is requesting approval of a Final Subdivision Plat of Lot 1 and Lot 2 in the Resubdivision of Original Town of Oswego. 

Commissioner Comments: 

There was a discussion about the surrounding businesses and parking options. 

Recommendation: 

Motion: Commissioner Vickers, second Commissioner Stine to accept the findings of fact for the approval of the Final Plat of Subdivision for Old Village Hall Block Resubdivision. Ayes: Commissioners Cirone, Garland, Holmstrom, Kuhn, Pajor, Stine, Vickers Nays: None Absent: None Motion carried 

Planning & Zoning Commission Meeting November 8, 2018 Page 7 of 8 Subdivision Plat Ashcroft Place Unit 1 Lots 210 and 216 Applicant: D. R. Horton Project #1029.18 Project Manager: Natalie Zine 

Ms. Zine stated the applicant is requesting a Minor Amendment to the Final Plan and Subdivision Plat for Ashcroft Place to allow for resubdivision of Lots 210 and 216 where a stormwater detention pond and public park are planned. Ms. Zine reviewed the location and surrounding properties. Ms. Zine stated the detention pond on Lot 216 has expanded and extends beyond the original property line shared with Lot 210. Ms. Zine stated the petitioner is requesting to move the property line and will adjust the land cash fee to the Park District for the reduction of donated park land. 

Commissioner Comments: 

There was a discussion about maintenance of the detention pond on Lot 216. Mr. Feldotto of the Oswegoland Park District stated the Park District supports the request to move the property line of Lot 216. 

Recommendation: 

Motion: Commissioner Kuhn, second Commissioner Holmstrom to accept the findings of fact for the approval of the Minor Amendment to the Final PUD and Plat for Ashcroft Place Unit 1 to allow for a resubdivision of Lots 210 and 216. 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 

Congratulations to Commission Vickers for her election to the Kendall County Board! Chairman Pajor requested an update on projects and requested changes to the Planning and Zoning Commission page on the Village website. 

9. COMMISSIONERS REPORT 

Commissioner Kuhn asked for an update on the request to remove utility poles on Main Street. Director Zenner stated he will follow up on the request. 

10. HISTORIC PRESERVATION COMMISSIONER REPORT 

No report. 

11. ECO COMMISSION REPORT 

No report. 

12. COMMUNITY DEVELOPMENT DEPARTMENT REPORT 

Welcome Village Planner Ms. Natalie Zine! 

13. OSWEGOLAND PARK DISTRICT REPORT 

No report. 

14. NEXT MEETING - December 6, 2018 

15. ADJOURNMENT 

Motion: Commissioner Cirone, second Commissioner Stine to adjourn the Planning and Zoning Commission Meeting at 8:01 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 8:01 p.m. 

http://www.oswegoil.org/pdf/2018.11.08-pzc-minutes.pdf

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