Village of Oswego Planning and Zoning Commission met November 5

By Philip Gonzales

Feb 9, 2021

Village of Oswego Planning and Zoning Commission met Nov. 5

Here is the minutes provided by the commission:

A quorum of Commission Members was present in person or by electronic means at this meeting and the Commission complied with all requirements of the Illinois Open Meetings Act with electronic participation as authorized by the Open Meetings Act during a declared disaster.

1. CALL TO ORDER

Chairman Pajor called the Oswego Planning & Zoning Commission Meeting to order at 7:06 p.m.

2. ROLL CALL

Present: Dominick Cirone, Tom Guist, Andrew McCallum, Karen Novy, Charlie Pajor, Rebecca Stine

Absent: Rick Kuhn

There was a quorum.

Oswego community representatives in attendance were:

Present: Rod Zenner, Community Development Director; Natalie Zine, Planner; Judy Sollinger, Village Trustee; Mary Ellen Bliss, Recording Secretary

3. MINUTES

Motion: Commissioner Cirone, second Commissioner Novy to accept the minutes of the October 1, 2020 Planning & Zoning Commission Special Meeting

Ayes: Commissioners Cirone, Guist, McCallum, Novy, Pajor, Stine

Nays: None

Absent: Commissioner Kuhn

Motion carried

4. NEW BUSINESS

Commissioner Cirone suggested the Final Subdivision project be moved up in the agenda and the Commissioners agreed.

Final Subdivision

Whited Residence

240 Liszka Lane

Applicant: Michael and Tammy Whited

Project #1083.20

Project Manager: Rod Zenner

Director Zenner stated the applicant is requesting approval of a Preliminary/Final Subdivision Plat to combine two single-family residential lots into a single lot. Director Zenner stated the petitioner currently owns the single-family home located on Lot 46 of the Ashcroft Place subdivision known as 240 Liszka Lane as well as the vacant lot (Lot 45) located directly to the east. Director Zenner stated the petitioner wishes to construct several accessory structures on both lots over the next few years. Director Zenner stated per the Village Code, accessory structures are permitted on the lot with the existing single-family home as the structures are accessory to the primary structure, the single-family home. Director Zenner stated the vacant adjacent lot does not have a primary structure; therefore, the petitioner would be limited to one accessory structure. Director Zenner stated by re-subdividing the two lots into a single lot, the petitioner could construct accessory structures per Code on the entire single unified parcel. Director Zenner stated the applicant has received approval from their Homeowner’s Association.

Director Zenner stated staff recommends the Planning and Zoning Commission recommend approval of the Preliminary/Final Resubdivision of Lots 45 and 46 of Ashcroft Place.

Recommendation:

Motion: Commissioner Cirone, second Commissioner Stine to approve the Preliminary/Final Resubdivision of Lots 45 and 46 of Ashcroft Place.

Ayes: Commissioners Cirone, Guist, McCallum, Novy, Pajor, Stine

Nays: None

Absent: Commissioner Kuhn

Motion carried

5. PUBLIC HEARINGS

Rezoning and Concept Plan

Fox Ridge Stone

Route 71 and Minkler Road

Applicant: DJJ Farming LLC

Project #1084.20

Project Manager: Rod Zenner

Motion: Commissioner Cirone, second Commissioner McCallum to open the Public Hearing at 7:12 p.m.

Ayes: Commissioners Cirone, Guist, McCallum, Novy, Pajor, Stine

Nays: None

Absent: Commissioner Kuhn

Motion carried

Director Zenner stated in 2000 and 2001, the property was partially annexed into the Village of Oswego as part of a court ordered zoning case with the County which allowed the property to be operated as a mine. Director Zenner stated the annexation agreement required the petitioner to annex the entire property within the Village in a certain period of time.

Director Zenner stated as outlined in the “Preliminary Zoning Sketch” the eastern half of the property consisting of 201 acres is proposed to be rezoned from R-2 Single Family Residence District and M-2 General Manufacturing District to R-2 Single Family Residence District. Director Zenner stated the property adjacent to the Arbor Gate Subdivision to the east is currently zoned M-2 Manufacturing and the request to rezone to R-2 will serve as a buffer to the Arbor Gate development by allowing a use that is similar to the existing single-family residences.

Director Zenner stated the center of the property consisting of 18 acres is requested to be rezoned to the R-4 General Residence District to allow for multi-family residences, which is consistent with the Comprehensive Plan’s designation of the area.

Director Zenner stated the southwest corner consisting of 73 acres is requested to be rezoned M-1 Limited Manufacturing, allowing for business park uses on the site which is currently being utilized for mining. Director Zenner stated the remaining area south of Route 71 consisting of 138 acres is shown as B-3 General Commercial and Wholesale District, similar to the uses anticipated in the original Annexation Agreement. Director Zenner stated the property north of Route 71 consisting of 35.4 acres is identified as B-3 and R-4 uses.

Director Zenner stated the zoning plan identifies a future potential of a flex to the proposed zoning. Director Zenner stated the area north of Route 71 is proposed to have the ability to adjust to the M-1 Limited Manufacturing District, subject to complying with all Village rezoning requirements and procedures. Director Zenner stated the Village is currently exploring the possibility to develop a water treatment plant to provide drinking water to the Village of Oswego, the Village of Montgomery, and the City of Yorkville. Director Zenner stated the property north of Route 71 is a potential location for the water plant, and if this site is chosen, it would be rezoned to the M-1 District to accommodate the plant; otherwise, staff would recommend the zoning designation of B-3 and R-4 for this portion of the site.

Director Zenner stated the petitioner is requesting approval of a revised Concept Plan to reflect market demands for the property. Director Zenner stated the original Concept Plan for the 438-acre site anticipated 80 acres of commercial use and the remaining 358 acres for single-family residential use, detention, and a Village water tower facility. Director Zenner stated the proposed amended Concept Plan calls for 54.5 acres of commercial use, 73 acres of business park, and the remainder for residential use and detention facilities. Director Zenner stated of the residential use, 37 acres are identified for multi-family use. Director Zenner stated the proposed plan would result in a decrease in the amount of commercial acreage, and increase in the amount of business park acreage, and an overall decrease in the number of residential units from the original 2001 Concept Plan. Director Zenner stated if approved, the Concept Plan will be used as a guide for the future development of the site and each section will require Preliminary and Final PUD approval as it is developed.

Chairman Pajor stated the annexation of the property will go before the Village Board and is not being discussed at this meeting; this discussion is regarding the changes of the land uses and the Concept Plan.

John Philipchuck, Attorney

Naperville, IL

Mr. Philipchuck stated he represents the owners, DJJ Farming, LLC. Mr. Philipchuck stated over the past 20 years, most of the property adjacent to the Arbor Gate subdivision has been mined out, but the applicant is requesting the Village amend the Annexation Agreement and extend it for another 20 years to continue land reclamation. Mr. Philipchuck stated the applicant is requesting amended plans and rezoning for the property to respond to the changes in the area in the past 20 years.

Mike Schoppe

Oswego, IL

Mr. Schoppe, of Schoppe Designs, gave an overview of the Concept Plan, and existing and requested zoning classifications.

Ismael Juarez

Oswego, IL

Mr. Juarez stated he lives within 250’ of the property and asked how his property will be affected. Chairman Pajor stated the Concept Plan indicates single family homes are being proposed near Mr. Juarez’s property.

Renato Corona

Oswego, IL

Mr. Corona asked about the impact on property taxes and value, and when the project would begin. Mr. Philipchuck stated it would take a few years of land reclamation until the property could be offered for development.

John Clark

Oswego, IL

Mr. Clark asked about the access onto Route 71 from the development. Chairman Pajor stated the Concept Plan indicates the eastern most access to the property would line up with the existing traffic signal on Douglas Street, but the IL DOT would ultimately make the final decision as 71 is a State Route. Mr. Clark stated his concern about the impact of additional traffic in this area.

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

The following comment was received via email. It was not read aloud at the Planning and Zoning Commission meeting:

Matthew Poreda

“I’m currently a resident in Arbor Gate with property that backs up to Fox Ridge Stone, wanted to voice my opinion that while I’m not completely opposed to re-development, I have some concerns about the future development. The existing berm should remain and act a natural buffer between the two properties. The fields that back up against Arbor Gate should be return and reclaimed to nature. A walking path could be established as it appears to be a prime beautiful location with natural habitat for trees to grow and for wildlife to prosper. I also think this would lead to a higher property value for the homes built in the new development which would benefit the Village of Oswego, Fox Ridge and the community. We see this way too often with new developments being built, the land is stripped and nothing is ever established or returned to nature which is one of most valuable possession and it is getting even more and more scarce and not replaced. We could stand out together as a village, as community and make a positive impact.”

Motion: Commissioner Cirone, second Commissioner McCallum to close the Public Hearing at 7:39 p.m.

Ayes: Commissioners Cirone, Guist, McCallum, Novy, Pajor, Stine

Nays: None

Absent: Commissioner Kuhn

Motion carried

Commissioner comments:

Discussion took place regarding the potential changes in the Concept Plan, the possibility of a traffic study as the property is developed, and potential uses for the business park area.

Recommendation:

Motion: Commissioner Guist, second Commissioner Novy to recommend approval of the Concept Plan for the Fox Ridge Stone development.

Ayes: Commissioners Cirone, Guist, McCallum, Novy, Pajor, Stine

Nays: None

Absent: Commissioner Kuhn

Motion carried

Recommendation:

Motion: Commissioner Stine, second Commissioner Guist to accept the findings of fact and recommend approval of the Rezoning to the R-2 Single Family Residence District, R-4 General Residence District, B-3 Community Service and Wholesale District, and M-1 Limited Manufacturing District with the R-4 and B-3 designation for the property north of Route 71.

Ayes: Commissioners Cirone, Guist, McCallum, Novy, Pajor, Stine

Nays: None

Absent: Commissioner Kuhn

Motion carried

Rezoning & Preliminary/Final PUD

Charter Senior Living Community

NWC of Route 31 and W. Washington Street

Applicant:

Project #1085.20

Project Manager: Natalie Zine

Motion: Commissioner McCallum, second Commissioner Cirone to open the Public Hearing at 7:50 p.m.

Ayes: Commissioners Cirone, Guist, McCallum, Novy, Pajor, Stine

Nays: None

Absent: Commissioner Kuhn

Motion carried

Ms. Zine stated the applicant is requesting approval of a Special Use for a Preliminary/Final PUD to allow for the development of a senior living community in the R-4 General Residence District and to rezone three existing parcels from B-2 to R-4.

Ms. Zine stated the proposed new development includes three distinct levels of housing and care to serve seniors. Ms. Zine stated the main building, which will front onto the north and west sides of the Village Green, will house assisted living and memory care apartments along with associated amenity and support spaces. Ms. Zine stated the remainder of the site, to the west of the main building, will accommodate a variety of independent living attached cottages and townhomes. Ms. Zine stated the main building is proposed to be three stories in height for the wings facing the Village Green, with a two-story wing extending toward the west. Ms. Zine stated the primary entrance will be across from the north end of the Village Green, with a secondary entrance for the Memory Care portion at the south end. Ms. Zine stated the independent living portion will be situated west of the main building in order to be consistent in scale to the surrounding residential neighborhoods.

Ms. Zine stated site access will be available from Washington Street with a new private road that will align with Presidential Boulevard as well as from the existing access of Route 31. Ms. Zine stated a portion of the existing Parkers Mill right of way will be vacated by the Village and replaced by a private entrance to Washington Street at Presidential Boulevard. Ms. Zine stated site development will include a network of paved pedestrian walkways and internal vehicular roadways and drives; surface parking for residents, visitors, and staff; and recreational and service areas to interconnect and serve the development. Ms. Zine stated staff recommends adding sidewalk in a few areas to connect to Route 31 and Washington Street and a carriage walk on at least one side of the road throughout the independent living area. Ms. Zine stated in order to better facilitate vehicular access to the new building, the applicant is proposing to displace 38 angled parking spaces along the north and west sides of Village Square, and replace them with new spaces to be provided as part of the resident and visitor parking lot south of the main building.

Ms. Zine stated construction of the main building will be wood frame, clad with engineered wood and/or cement board siding of various earth tones, with an asphalt shingle pitched roof, and cultured stone veneer around the foundation of the building and as a front entrance accent.

Ms. Zine stated modifications to the original Concept Plan include modifying the shared parking lot design, providing better sidewalk connections, removing five visitor parking spaces at northeast entrance, redesigning Village Green Plaza, widening of concrete path around pond, and improved landscape buffers along northern part of property.

Ms. Zine stated staff recommends the Planning and Zoning Commission recommend approval of a Special Use for a Preliminary/Final Planned Unit Development to allow for the development of a senior living community in the R-4 General Residence District and a Rezoning of certain property from B-2 Community Shopping District to R-4 General Residence District at the northwest corner of Route 31 and W. Washington Street otherwise known as “Village Square” with the condition that the recommended sidewalks as illustrated in the staff report are added to the site plan and subject to final staff approval of the Site Plan, Landscape Plan, Building Elevations, and Engineering Plans.

Joel Justis

Oswego, IL

Mr. Justis stated his concerns about construction noise, berm location, additional water drainage into ponds, and increased traffic congestion. Mr. Justis stated his recommendation for speed bumps near the entrance on Route 31 to discourage traffic cutting through the development.

Judith Benjamin

Oswego, IL

Ms. Benjamin stated her concerns with having an assisted living facility at this site, dirt/dust from construction site, additional traffic, and noise from ambulances.

Caroline Fonge

Oswego, IL

Ms. Fonge expressed her concerns with having an assisted living facility at this site, and increased traffic.

Kelly McPike

Oswego, IL

Ms. McPike asked if the Village will give the area a tax relief for the development. Director Zenner stated the applicant has not asked for tax relief and the Village has not offered a tax relief. Ms. McPike expressed her concerns about increased traffic, having sufficient parking, and an increase in property taxes.

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

Motion: Commissioner Guist, second Commissioner Cirone to close the Public Hearing at 8:11 p.m.

Ayes: Commissioners Cirone, Guist, McCallum, Novy, Pajor, Stine

Nays: None

Absent: Commissioner Kuhn

Motion carried

Commissioner comments:

Discussion took place regarding increased traffic and Director Zenner stated this development would have less of a traffic impact on the area than residential or commercial uses. Discussion took place regarding the timeline of construction, location and size of berm, water drainage, designation of Village parking with signage, discouraging through-traffic with narrower and private roads, and the potential impact of construction on the neighborhood.

Recommendation:

Motion: Commissioner Guist, second Commissioner Cirone to recommend approval of a Special Use for a Preliminary/Final Planned Unit Development to allow for the development of a senior living community in the R-4 General Residence District and to Rezone certain property from B-2 Community Shopping District to R-4 General Residence District at the northwest corner of Route 31 and W. Washington Street otherwise known as “Village Square” with the condition that the recommended sidewalks as illustrated in the staff report are added to the site plan and subject to final staff approval of the Site Plan, Landscape Plan, Building Elevations, and Engineering Plans.

Ayes: Commissioners Cirone, Guist, McCallum, Novy

Nays: Commissioners Pajor, Stine

Absent: Commissioner Kuhn

Motion carried

Text Amendment

PUD Amendments

Applicant: Village of Oswego

Project #1081.20

Project Manager: Rod Zenner

The Public Hearing for the Text Amendment was opened at the October 1, 2020 Planning and Zoning Commission Special meeting and continued to the November 5, 2020 Planning and Zoning Commission meeting. Chairman Pajor stated staff requests that the public hearing be continued to the next Planning and Zoning Commission meeting.

Recommendation:

Motion: Commissioner Cirone, second Commissioner Stine to continue the public hearing to the next Planning and Zoning Commission Meeting.

Ayes: Commissioners Cirone, Guist, McCallum, Novy, Pajor, Stine

Nays: None

Absent: Commissioners Kuhn

Motion carried

6. OLD BUSINESS

None.

7. NEW BUSINESS

Concept Plan

Redwood Apartment Townhomes

Orchard and Mill Road

Applicant: Kellie McIvor on behalf of Redwood Apartments

Project #1082.20

Project Manager: Natalie Zine

Ms. Zine stated the applicant is requesting consideration of a Concept Plan for a Planned Unit Development that will allow for the development of 143 single story, attached apartment homes; each will have two bedrooms, two baths, patio, a 2-car driveway and 2-car attached garage. Ms. Zine stated Redwood Apartment Homes are designed to be a home replacement which attracts people looking to age in place in an open-age neighborhood. Ms. Zine stated the Concept Plan shows 24 off-street parking spaces in addition to the 532 unit-related parking spaces, which meets the Village requirement. Ms. Zine stated the streets and alleys will be privately owned and are significantly narrower than Village regulation; however, Redwood will prohibit any on-street parking and intends to post speed limits of 13 mph to mandate slow driving in the neighborhood. Ms. Zine stated the Concept Plan provides sidewalks throughout the neighborhood on at least one side of the road but does not include any curb or gutters as they are flush with the roadway.

Ms. Zine stated that architecturally, the Redwood neighborhood is similar to Oswego’s Steeplechase duplex community, with stone accents on all front elevations, variation in accent siding and rooflines, raised roof trusses and dormers, and 30 homes with front porch living spaces. Ms. Zine stated the new development will include 14.43 acres of open space across a 25-acre neighborhood and a 396’ buffer from the closest single-family neighbor.

Ms. Zine stated staff recommends approval of the Concept Plan for the property at the southeast corner of Orchard Road and Mill Road to allow for the development of single-story, attached apartment townhomes.

Kellie McIvor of Redwood Apartments and Carrie Hansen of Schoppe Designs gave an overview of the Concept Plan. Discussion took place regarding the narrower streets, development parking, need for sufficient access points, and construction timeline and phases.

Recommendation:

Motion: Commissioner Stine, second Commissioner Cirone to approve the Concept Plan for the property at the southeast corner of Orchard Road and Mill Road to allow for the development of single-story, attached apartment townhomes.

Ayes: Commissioners Cirone, Guist, McCallum, Novy, Pajor, Stine

Nays: None

Absent: Commissioner Kuhn

Motion carried

8. PUBLIC FORUM

Jennifer Jones Sinnott

Oswego, IL

Ms. Jones Sinnott stated she is on the Gates Creek Homeowner’s Association Board, which is a neighboring subdivision to the potential Redwood Apartments development. Ms. Jones Sinnott stated her concerns including the Mill Road entrance and increased traffic, rental ranges, continuing to integrate and attract wildlife, having sufficient buffers and maintaining integrity of existing trees, sufficient retention/detention areas, and maintaining paths.

9. CHAIRMAN’S REPORT

None.

10. COMMISSIONERS REPORT

Commissioner Cirone stated he served as an election judge and it was a good experience.

11. HISTORIC PRESERVATION COMMISSIONER REPORT

No report.

12. ECO COMMISSION REPORT

No report.

13. COMMUNITY DEVELOPMENT DEPARTMENT REPORT

None.

14. OSWEGOLAND PARK DISTRICT REPORT

No report.