Kane County Reporter

City of Batavia Plan Commission and Zoning Board of Appeals met Nov. 20

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 7:00 p.m.

2. Roll Call:

Members Present: Chair Gosselin; Vice-Chair Moore; Commissioners, Kieckhefer, LaLonde and Swiecicki

Members Absent: Commissioner Joseph

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

3. Items to be Removed, Added or Changed: None.

4. Approval of Minutes: October 16, 2024

Motion: To approve the above indicated minutes

Maker: LaLonde

Second: Moore

Voice Vote: Motion carried.

5. Public Hearing: Conditional Use For A Video Gaming Establishment In The DMU Downtown Mixed-Use District East China Inn, 140 West Wilson Street Joni Du, Applicant

Motion: To open the Public Hearing

Maker: Moore

Second: LaLonde

Voice Vote: Motion carried.

The Public Hearing was opened at 7:01 p.m. Zach Ewoldt gave the staff report indicating East China Inn has applied for a Conditional Use Permit to add 5 video gaming terminals to their current full-service restaurant use at the location. He noted that other locations in the shopping center also offer gaming and that the City Council recently updated licensing requirements to prohibit signage related to gaming.

Commissioner Lalonde asked about the Plan Commission’s purview regarding interior layout as he thought it was hard to tell from the submitted diagrams how the gaming area would be separated from the public. Ewoldt noted that the Plan Commission could make additional requirements to the application specifically in regards to separation of the gaming area from the public. Ewoldt referred to the example in the application showing the partition walls separation system being proposed which meets the general licensing requirement. Commissioner Kieckhefer asked if the applicant received approval from the Illinois Gaming Commission and if there were any plans to provide gaming at their other locations. The applicant indicated yes on the approval and that the Randall Road location is owned by a family member and was not sure of any future plans.

David Hensley, 218 Merlo Drive in Batavia, indicated he was originally going to oppose the application because he doesn’t like the idea of making money on gambling and doesn’t see it as a positive for the community. Mr. Hensley discovered during the meeting that video gaming already exists in the same structure and therefore would not oppose the proposal.

Commissioner Moore asked if the City has a limit on the number of establishments that can have video gaming. Ewoldt noted there is no limit on the number of establishments, but terminals are limited to five at one location.

Motion: To close the Public Hearing

Maker: Kieckhefer

Second: LaLonde

Voice Vote: Motion carried.

The Public Hearing was closed at 7:14 p.m.

Motion: To adopt Findings 1 through 4 as drafted by staff

Maker: Kieckhefer

Second: Swiecicki

Voice Vote: Motion carried.

Motion: To recommend approval for a Conditional Use Permit subject to conditions a through f as drafted by staff.

Maker: Kieckhefer

Second: Swiecicki

Voice Vote: Motion carried.

6. Public Hearing: Amendments To Text Of The Zoning Code (Section 4.106: Refuse, Recycling, Grease Container, And Compacting Equipment Enclosures) City Of Batavia, Applicant

Motion: To open the Public Hearing

Maker: LaLonde

Second: Moore

Voice Vote: Motion carried.

The Public Hearing was opened at 7:16 p.m. Ewoldt gave the staff noting that during a recent review of the Code, there were some setback requirements that were conflicting so the proposal is to update the language to locate trash enclosures outside of stormwater detention and easement areas. The proposal also removes language that trash enclosures need to comply with accessory structure setbacks and updates those setbacks in Commercial and Employment Zoning Districts.

The changes will better allow for retrofitting existing properties to include a dumpster enclosure on site. He added that there is also a point of clarification in the changes to allow wood gates in certain trash enclosure applications. There was some discussion among the Commissioners regarding setbacks and landscaping screening associated with these items and residential properties. Commissioner LaLonde recommended that a minimum setback of 10 feet be applied to trash enclosures abutting a residentially zoned property. The Commission was in agreeance on this recommendation.

Motion: To close the Public Hearing

Maker: Swiecicki

Second: Moore

Voice Vote: Motion carried.

The Public Hearing was closed at 7:23 p.m.

Motion: To recommend approval for Amendments To Text Of The Zoning

Code as drafted by staff with a modification for a minimum 10 foot

setback for trash enclosures abutting residential zoning districts.

Maker: LaLonde

Second: Kieckhefer

Voice Vote: Motion carried.

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

Ewoldt indicated that Staff is proposing modifications to Chapter 9 of the Subdivision Regulations to update and clarify how the Code is applied regarding Tree Preservation. The proposal establishes an exemption for any single-family or two-family lot platted before November 20, 2023. The modifications also proposes to remove several trees such as buckthorn and honeysuckle from the undesirable tree list and place them on the prohibited tree list which are exempt from replacement requirements since they have negative impacts on the environment.

Commissioner Lalonde asked why the willow tree was on the prohibited tree list. Ewoldt noted that willow trees are weak rooted and can topple fairly easily in wind storms. Ewoldt added this change is geared towards larger developments as opposed to single and two-family residences.

Motion: To recommend approval for Amendments to the Subdivision

Code as drafted by staff

Maker: Kieckhefer

Second: Swiecicki

Voice Vote: Motion carried.

8. Matters From The Public (Not On The agenda) :

None

9. Other Business:

Rackow gave updates on certain projects noting that the Ashton Ridge subdivision is working on roadways. Jeff Albertson added that curbs and gutters were started with paving possible on Monday. Rackow noted that the Earthmover Credit Union project is underway and the Pickleball use was approved by City Council. Albertson noted that Tesla resubmitted their building permit and won’t open until the end of 2025.

10. Adjournment: There being no other business to discuss, Chair Gosselin asked for a motion to adjourn the meeting. There was a first by LaLonde and a second by Moore. By voice vote the motion was carried. The meeting was adjourned at 7:38 p.m.

https://www.bataviail.gov/AgendaCenter/ViewFile/Item/21310?fileID=16384