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Friday, May 3, 2024

City of Geneva Planning and Zoning Commission met Sept. 28

City of Geneva Planning and Zoning Commission met Sept. 28.

Here are the minutes provided by the commission:

1. Call to Order 

Chairman Stocking called the meeting of the Geneva Planning and Zoning Commission  to order at 7:00 p.m., and read a statement of procedures for the public hearing. 

2. Roll Call 

Present: Chairman Scott Stocking, Commissioners John Mead; Mim  Evans; Michael Slifka; Rebecca Holoman; Tim Moran 

Absent: Commissioner Adam Matyskiel  

Staff Present: Director of Community Development David DeGroot Also Present: Court Reporter William Pantoja  

3. Approval of the Agenda  

Motion by Commissioner Slifka, second by Commissioner Moran to approve the agenda. Motion carried unanimously by voice vote 6-0. 

4. Approval of September 14, 2023 Minutes  

Motion by Commissioner Slifka, second by Commissioner Holoman to  approve the minutes. Motion carried unanimously by voice vote 6-0. 

5. Public Hearings: 

A. EV Charging Stations – Text Amendments - Request for amendments  to Title 11 of the Geneva City Code (Zoning Ordinance), related to the  regulations of electric vehicle charging stations. The proposed amendments  include the following chapters and sections of Title 11: 1) Chapter 2 Section 11-2-2 (Definitions of Words and Terms); 2) Chapter 3 Section 11-3-3 (Accessory  Buildings and Uses); 3) Chapter 11 Section 11-11A-2 (Location, Size, and Other  Requirements); and 4) Chapter 11 Section 11-11A-3 (Design and Maintenance).  

Applicant: City of Geneva 

Community Development Director David DeGroot read a list of contents in the  file. He explained the request, which are text amendments to the Zoning  Ordinance to include regulations for Electric Vehicle (EV) charging stations. The  current Zoning Ordinance does not contain any language regarding regulations  for EV charging stations. He continued to explain that in the fall of 2022, the  Metropolitan Mayors Caucus invited municipalities in the region to participate in  the EV Readiness Program to prepare to meet the growing demand for electric  vehicles and electric vehicle charging infrastructure. The City of Geneva joined  the first cohort of communities to receive technical assistance and training in a  variety of areas as we work toward the designation of being called an “EV Ready  Community”.  

Part of the program requires communities to develop clear permitting for electric  vehicle charging infrastructure and to analyze zoning and parking codes to  address barriers to electric vehicle infrastructure. Mr. DeGroot explained that  staff has been interpreting and permitting them as an accessory use for both  residential and commercial properties, noting that there are a handful in town  currently. While staff did not identify specific barriers to electric vehicle  infrastructure, it is recommended to amend the ordinance to clarify where  charging stations are permitted and to establish some general design and  maintenance standards.  

Mr. DeGroot read through each proposed text amendment, which included the  addition of the terms “electric vehicle” and “electric vehicle charging stations” in  Chapter 2 Section 11-2-2 (Definitions of Words and Terms.) He noted that the  definitions are broad to include fully electric and hybrid vehicles. The second  proposed amendment is to Chapter 3 Section 11-3-3 (Accessory Buildings and  Uses) related to the permitted locations of electric vehicle charging stations as  attached or detached accessory structures. Mr. DeGroot clarified that EV stations  would be allowed as either, and noted if they are detached they must comply with  the required parking setbacks for parking areas.  

Commissioner Holoman raised a question regarding the last sentence of the  definition of the EV charging station, which states, “If the primary use of a zoning  lot is the retail charging of electric vehicle batteries, the use shall be considered a  gasoline fuel station for zoning purposes” and explained that she feels they are  so different, how could they be permitted in the same way. Mr. DeGroot explained that if someone wanted to open an EV charging station business, in  which its primary use is EV charging stations, it would go through the same  permitting process that a gas station would, as they are similar in the way they  are both auto oriented, require a well lit space for its’ patrons, and might be open  24 hours a day. If it was an accessory use for another business, it would not go  through the same permitting process that a gas station would.  

Mr. DeGroot continued explaining the proposed text amendments. Chapter 11  Section 11-11A-2 (Location, Size and Other Requirements) related to the  computation of required parking spaces when electric vehicle charging stations  are provided and states that EV charging stations would count toward the  minimum required parking spaces. EV charging stations would not be required in  parking lots. Chapter 11 Section 11-11A-3 (Design and Maintenance) related to  the design and maintenance of parking spaces with electric vehicle charging  stations contains five points in regards to required maintenance, protection,  usage fees, notification and signage.  

The proposed text amendment regarding maintenance states, “The property  owner of the equipment shall be responsible for the maintenance of the charging  station…” The commission discussed how the property owner of the equipment  might not be the real estate owner, as EV charging stations are often leased out.  This led to discussion about explicitly stating the real estate owner is responsible  to repair or remove defunct or abandoned charging stations in the event the  owner of the EV charging stations fails to do so. Mr. DeGroot recommended  adding specific clarifying language. 

Motion by Commissioner Mead to close the public hearing. Second by  Commissioner Evans. 

Roll Call:  

AYE: Mead, Evans, Slifka, Holoman, Moran, Stocking  

NAY: None  

 MOTION PASSED 6-0 

Motion by Commissioner Mead to approve Zoning Ordinance text  amendments; 1) Chapter 2 Section 11-2-2 (Definitions of Words and Terms)  related to defining the terms electric vehicle and electric vehicle charging  station; 2) Chapter 3 Section 11-3-3 (Accessory Buildings and Uses) related  to the permitted locations of electric vehicle charging stations as attached  or detached accessory structures; 3) Chapter 11 Section 11-11A-2  (Location, Size, and Other Requirements) related to the computation of  required parking spaces and electric vehicle charging stations provided;  and 4) Chapter 11 Section 11-11A-3 (Design and Maintenance) related to the design and maintenance of parking spaces with electric vehicle charging  stations subject to the findings of fact in the staff report and further  amended to include under Chapter 11 Section 11-11A-3, C1 Maintenance of  Electric Vehicle Charging Station, in addition of a sentence effectively  saying failure of property equipment owner to perform shall transfer this  obligation to the underlying land owner. Second by Commissioner Moran.  

Roll Call:  

AYE: Mead, Evans, Slifka, Holoman, Moran, Stocking  

NAY: None  

 MOTION PASSED 6-0 

7. Public Comment  

There was no one present to provide any public comment.  

8. Other Business 

Mr. DeGroot provided updates on the following projects. He stated the City Council will  consider The Roosevelt- Great Western Flooring project and the fence variation at 304  Deerfield Way on October 2, 2023. City Council will also be considering a request to  extend the site plan approval at 609 S 3rd Street that was approved in 2020.  

The next scheduled Planning and Zoning meeting is October 12, 2023 to consider an  amendment to the East Gateway PUD to allow a QuikTrip gas station on the Southwest  corner of Kirk Road and State Street.  

City Council will consider the Venture Park project at the October 23, 2023 meeting. 

9. Adjournment  

Motion made by Commissioner Evans to adjourn the meeting at 7:34 p.m. 

https://www.geneva.il.us/AgendaCenter/ViewFile/Minutes/_09282023-2224 

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