Kane County Reporter

City of Batavia Plan Commission and Zoning Board of Appeals met July 19.

Here are the minutes provided by the board:

1. Meeting Called to Order for the Plan Commission Meeting

Chair Gosselin called the meeting to order at 7:00pm.

2. Roll Call:

Members Present: Chair Gosselin; Vice-Chair Moore; Commissioners Peterson, Swieciciki, Joseph, LaLonde

Members Absent: Harms

Also Present: Drew Rackow, Planning & Zoning Officer; Jeff Albertson, Building Commissioner; Zach Ewoldt, Planner; and Peter Gerardi, Recording Secretary

3. Items to be Removed, Added or Changed

There were no items to be removed, added or changed.

4. Approval of Minutes:

➢ June 21, 2023

Motion: To approve the minutes from June 21, 2023

Maker: Peterson

Second: Moore

Voice Vote: Motion carried.

5. PUBLIC HEARING: Continuation of A Public Hearing: Proposed Temporary Moratorium For Zoning Applications & Building Permits For Additions And New Structures For LI And GI Zoned Parcels In The SRS South River Street Gateway Overlay District (Continued From June 21, 2023). City of Batavia, Applicant

Motion: To open the Public Hearing

Maker: LaLonde

Second: Joseph

Voice Vote: Motion carried.

The Public Hearing was opened at 7:02 pm.

Rackow gave a staff update on the proposed moratorium. Notices to owners in the affected area were sent out on June 30, 2023. One phone call was received from one owner who owned 2 properties in the affected area and had no objection and requested no modifications to the moratorium. Rackow noted at the last hearing one property owner requested an exemption for properties under contract. Staff recommends approval with no changes.

Chair Gosselin opened the floor for public comment.

Kate McCraken, representing Martin Farms LLC owner of 5 properties in the affected area. Reiterated the request 400 River Street, which is currently for sale and a contract being negotiated, to be exempt. It was for sale before any of this came up and from a fairness standpoint that specific property should be exempt. There has been a failure to articulate and identify the exact health, safety and welfare reasons as to why the moratorium is proposed. Such as traffic issues or high incidents of complaints. There’s a financial impact to the people that own the properties and reasons for the need for the moratorium. The potential buyer became involved in the sale process before all of this came up and the contract was not finalized because of the pending moratorium.

Motion: To Close the Public Hearing

Maker: Peterson

Second: Moore

Voice Vote: Motion carried.

The Public Hearing was closed at 7:12pm.

Commissioner Peterson asked what prompted the moratorium. Rackow noted that the City Council has budgeted this for the past two years with the intention to study and review the area without changes happening to the properties. It is a temporary, commonly accepted zoning practice to review long-term arrangement and best uses of properties. Also, along this corridor the City can consider TIF districts and other activities to facilitate the ability of ownership to redevelop. Peterson: if we omit that one parcel from the moratorium is there an issue or problem? Rackow noted properties not subject to the moratorium would still be part of the study. If the Commission wants to grant the exemption they could do it but would need to be reviewed by the City Council.

Commissioner LaLonde: I'm still not buying into the moratorium. It seems like it hurts the current property owners. Rackow noted that a moratorium would allow for the status quo and items in the corridor would be reviewed but won’t change the use or re-zone it during this period. Commissioner Peterson noted that the property owner at 400 River Street is not being singled out by the City and Rackow concurred. There was a discussion on the type of motion to put forward. Most favored a motion exempting any properties listed for sale prior to the legal notice notification.

Motion: To recommend approval of the moratorium as drafted by staff exempting any properties listed for sale with a licensed realtor prior to June 5, 2023

Maker: Peterson

Second: Joseph

Roll Call Vote: Aye: Peterson, Gosselin, Moore, Swiecicki, Joseph

Nay: LaLonde

5-1 Vote, 1 Absent, Motion carried.

6. DISCUSSION : Amendment To Title 11 Of The City Code: Subdivision Regulations Chapter 11-1-3, Adding Additional Regulations for the Division of Land Chapter 11-3-3, Modifying the Length of Time to Record an Approved Plat

Ewoldt gave the staff report regarding the two proposed amendments and asked for the commission’s suggestions and thoughts, he walked through each section of the revised regulations, explaining the changes to the Commission. Chapter 11-1-3 would require that lot splits that result in a development lot require a subdivision review, rather than simply being a IL Plat Act exemption. Staff would be able to identify potential problems with split lots. Chapter 11-3-3 Proposed allowing for a request to extend the time frame an additional 3 months to 6 months to record a plat after approval. Staff believes the extension would be appropriate. The other modification requires the recording of the plat be the responsibility of the City instead of the developer, which has been past practice.

Questions from the commission. Gosselin indicated it makes perfect sense to add more time to record plats but is not a big fan of changing how we deal with lot splits under the Plat Act. He asked if the City has had issues with lot divisions? Ewoldt noted that there have been some problems in the past that created a lot that doesn’t conform with the Zoning Code. Rackow indicated that many applicants do contact the City regarding splits, however some do not. Gosselin went through the exemptions to the IL Plat Act. Ewoldt noted that the City has seen flag lots and lots with sub-standard dimensions created and the City wants to try and prevent this. Albertson noted that in the past these divisions have been done only for purchasers to find out later they can’t get a permit and develop their property. There was then a discussion about various costs to develop property that goes into a plat. LaLonde noted we don’t want to penalize applicants but understand the City’s point on non-conforming lots. There was a discussion to continue the discussion changes to Chapter 11-1-3, regarding the division of land.

Motion: To recommend approval of the Amendment To Title 11 Of The City Code: Subdivision Regulations Chapter 11-3-3, Modifying the Length of Time to Record an Approved Plat as drafted by staff

Maker: LaLonde

Second: Swiecicki

Voice Vote: Motion carried.

7. DISCUSSION : Amendment To Title 11 Of The City Code: Subdivision Regulations: Creating Chapter 9 Tree Preservation City of Batavia, Applicant

Staff report given by Ewoldt: The City of Batavia has not adopted a Tree Preservation Ordinance. Staff is proposing to implement the proposed ordinance in Title 11 Subdivision Regulations. These new requirements would apply towards the development of any property, with the exclusion of existing single family or two-family dwellings. The intention of staff is to implement the proposed regulations There was a discussion about adding language regarding a tree protection zone to the proposed ordinance as well as increasing to $500 from $400 per tree as being a better deterrent for removing trees. This fee ($400) is what other communities charge for fee-in-lieu.

Questions: Commissioner Swiecicki asked if the proposed ordinance was modeled after other ordinances? Ewoldt indicated that the general structure is applied from a Chicago Metropolitan Agency for Planning (CMAP) model Ordinance that has been used by Montgomery, Oswego, and other jurisdictions they have assisted. Commissioner LaLonde: the fee-in-lieu seems high at $500. More sense to plant less but larger trees? Ewoldt noted that staff will work with the developer to plant proper number trees for the development and/or apply a combination with the fee-in-lieu formula. Ewoldt explained the issues with planting larger trees, which include a longer time of shock. Larger trees take longer to reestablish themselves after transfer. Commissioner Joseph asked about trees in the older section of the town with overhead wires. Ewoldt indicated that the parkway trees in this situation would be exempted from replacement in the Tree Preservation Ordinance as a necessary public service. Trees in new developments will not likely have this issue as the City has been requiring power lines to be buried. The Municipal Code seeks ornamental trees when they potentially conflict with overhead utilities. Peterson inquired if trees destroyed by storm apply? Ewoldt mentioned that it does not apply to existing single family residences. Trees that are removed intentionally on a development site would be subject to the ordinance, but not storm damage. Commissioner Moore inquired about government agency relief. Ewoldt said that the language is to recognize that government agencies have a different mission than a developer; For example, a forest preserve may need to remove invasive species as part of their mission.

Motion: To recommend approval of the amendments to the subdivision code as drafted by staff in the memo

Maker: Swiecicki

Second: LaLonde

Voice Vote: Motion carried.

8. Matters from the Public (for items not on the agenda)

There were no matters from the public for items not on the agenda.

9. Other Business

Rackow announced that the Emagine Theater's big screen (SuperEMX) has opened since the last PC meeting. On August 2nd there are several items on the agenda including a conditional use for auto sales and an addition to Aldi’s administration building. Ewoldt noted that with the completion of interior work at City Hall the Commission and attendees can use the front door as an entrance and the side door will be an exit during meetings. Ewoldt noted that the City is working with the American Planning Association Illinois Chapter to schedule a training session for the Plan Commission in October.

10. Adjournment

There being no other business to discuss, Chair Gosselin asked for a motion to adjourn the Plan Commission. By voice vote the motion was carried. The meeting was adjourned at 8:41pm.

https://www.bataviail.gov/AgendaCenter/ViewFile/Minutes/_07192023-2130