Plan Commission and Zoning Board of Appeals

Plan Commission & Zoning Board of Appeals - Oct 15 2025 Wednesday, October 15, 2025 at 7:00 PM City Council Chambers 100 N. Island Ave, Batavia, IL 60510 Questions and comments regarding agenda items can be submitted prior to 5 PM the day of the meeting by emailing Drew Rackow, Planning and Zoning Officer at drackow@bataviail.gov Page 1. Meeting Call to Order 2. Roll Call 3. Items Removed, Added or Changed 4. Approval of Minutes 4.1 September 3, 2025 3-4 Draft Minutes PC 9-3-25.pdf 5. Regular Agenda Items 5.1 Public Hearing: Extension of a Temporary Moratorium for 5 - 16 Zoning Applications & Building Permits for Additions and New Structures for LI and GI zoned parcels in the SRS South River Street Overlay District for 90 Days City of Batavia, Applicant Planning Case 2025-075 PC Text Moratorium-10-07-25.pdf Page 1 of 16 6. Matters from the Public (for items not on the agenda) 7. Other Business 8. Adjournment Individuals with disabilities should notify the City Administrator’s office at 630-454-2053 if they have a disability which will require special assistance or services and, if so, what services are required. This notification should occur as far as possible before the City-sponsored function, program, or meeting. Page 2 of 16  MINUTES September 3, 2025 Plan Commission and Zoning Board of Appeals City of Batavia PLEASE NOTE: These minutes are not a word-for-word transcription of the statements made at the meeting, nor intended to be a comprehensive review of all discussions. They are intended to make an official record of the actions taken by the Commission and to include some description of discussion points as understood by the minute-taker. They may not reference some of the individual attendee’s comments, nor the complete comments if referenced. 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 Cuneo Members Absent: None 3. Items to be Removed, Added or Changed None. 4. Regular Agenda Items 4.1 Variations to the Subdivision Regulations (City Code Section 11-2-5) for 744 Thorsen Lane, Jim and Nancy Gongaware, Applicant Drew Rackow gave the staff report for this item. The applicant proposes to build an addition on the front porch which would result in an approximate 3 foot encroachment into the approved 35 foot building line as a result of the curve of the roadway. He indicated that 16 of the neighbors in the subdivision support the project. The applicant spoke about the project saying the encroachment is closer to 30 inches and the addition will make the porch more proportional to the house. Motion: To recommend approval of the Variations to the Subdivision Regulations to allow an encroachment of a front porch to be ​ located approximately 32 feet from the front property line across the recorded 35 foot building setback line. Maker: Kieckhefer​ Second: Moore​ Voice Vote:​ Motion carried. 4.2 Discussion: Updates to Driveway Regulations-Various sections in the Municipal Code Zach Ewoldt explained that three different sections of the Code currently regulate ​ ​ driveways, but the requirements are not consistent. A clarification would reflect best ​ practices. The Commission reviewed the existing language and discussed possible changes Page 3 of 16 Plan Commission September 3, 2025 Page 2 to make the regulations clearer and more consistent. Ewoldt presented three potential ​ discussion points, supported by photos showing issues such as residences with multiple ​ driveway access points and oversized driveway widths. He noted, however, that all ​ ​ three Code sections are consistent in setting the maximum driveway width at 18 feet. The Commission also discussed related concerns, such as driveway width versus overall ​ ​ impervious surface area, parking space lengths versus vehicles extending over sidewalks ​ and the appropriate size and design of the flare at the street side of the driveway. 5.​ Matters From The Public (Not On The agenda): None 6. Other Business: Rackow gave some updates on recent City Council actions and answered questions from the members noting that TIF1 will expire this year and that TIF6 is still in place. 7. Adjournment: There being no other business to discuss, Chair Gosselin asked for a motion to adjourn the meeting; there was a first and a second. By voice vote the motion was carried and the meeting adjourned at 7:56 P.M. Minutes transcribed and submitted by Peter Gerardi, Recording Secretary Page 4 of 16 TO: Plan Commission and Zoning Board of Appeals FROM: Drew Rackow AICP, Planning and Zoning Officer DATE: October 7, 2025 RE: Public Hearing: Extension of a Temporary Moratorium for Zoning Applications & Building Permits for Additions and New Structures for LI and GI zoned parcels in the SRS South River Street Overlay District for 90 Days City of Batavia, Applicant Planning Case 2025-075 Background and Updates: On August 7, 2023, the City Council approved Ordinance 23-37 which established a temporary (six month) moratorium for zoning applications and building permits for additions and new structures in the LI and GI District under the South River Street Overlay District. The moratorium has been extended an additional six months with Ordinances 2024-008, 2024-052. It was modified with Ordinance 2025-009, expanding the type of applications that could be accepted. A 90 Day extension was approved with Ordinance 2025-038, The moratorium is set to expire in November. The Plan, which is entering its final stages, will begin final approvals around that time. The proposed extension would extend the moratorium for a 90 day period (3 months), expiring in February 2026. Since the Commission’s last Public Hearing for an extension, the City’s consultant Houseal Lavigne (HL) has released the initial public draft for review by the public on the Project’s website. The consultant briefed the Elected and Appointed Officials on the initial public draft. There have been two public outreach events, at the Batavia Farmer’s Market and during a League Bowl event at Funway. HL has provided staff revisions based on the outreach events, once the current draft is finalized, HL and Staff will begin scheduling the Open House and Public Hearing process for the approval of the document. As with other extensions, staff provided courtesy public notices to the property owners of properties zoned LI and GI within the South River Overlay regarding the proposed extension of the moratorium and the public hearing on October 15th. No additional comments have been received from the public at the time of the drafting of this memo. Analysis: In the City Council’s review and discussion of the initial moratorium, and Ordinance 23-37, it was noted that the Comprehensive Plan identifies that the South River Street area is a gateway to the community. It also states that there is a lack of harmony in the land use and improvements of the area, that could qualify the area for a Tax Increment Finance District. There is a lack of community planning, as much of the area was developed under the County’s jurisdiction, prior to the City’s Zoning regulations being in place. This is also characterized by the development pattern of small lots. The Comprehensive Plan Economic Development identifies that the area is suited toward more intensive commercial uses that could interact with the river. Further the Land Use Element specifies the need for long-term attention in the area to approve the appearance and function of the South River Street area. The implementation element also specifies the need to create a redevelopment plan for the corridor to address these issues. These are all factors that show a need for the South River Street study. This was noted for the record with the first extension hearing. Staff is recommending the extension for these reasons. Staff had limited the last request to 90 days to allow for the consideration to be raised again as the project moved closer to completion. This extension should allow for the substantial completion of the Plan within the remaining timeline. The moratorium would end with either Plan adoption or Zoning Code Page 5 of 16  2 adoption. Staff would note for the Commission’s reference that there have not been any building permit applications or entitlement applications that have been rejected due to the moratorium. Attached please find attached Ordinance 23-37 and the current effective Ordinance 2025-038 along with the original memo to the City Council regarding the moratorium. Staff Recommendation: Staff recommends the Commission open the hearing and take testimony from those present. After all the testimony has been received, the Commission should close the hearing. Staff recommends approval of the 90-day extension of the moratorium to the City Council. Attachments: Ordinance 23-37 Ordinance 2025-038 Staff Report to the Council dated August 4, 2023 c Mayor and City Council Media Page 6 of 16  CITY OF BATAVIA, ILLINOIS ORDINANCE 23- 37 ESTABLISHING A SIX- MONTH MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF CERTAIN BUILDING AND ZONING APPLICATIONS FOR LI- LIGHT INDUSTRIAL AND GI- GENERAL INDUSTRIAL PROPERTIES IN THE SRS— SOUTH RIVER STREET GATEWAY OVERLAY DISTRICT ADOPTED BY THE MAYOR AND CITY COUNCIL THIS 7th DAY OF AUGUST 2023 Published in pamphlet form Prepared by: by authority of the Mayor and City Council of the City of Batavia, City of Batavia Kane & DuPage Counties, Illinois, 100 N. Island Ave. this 8th day of August, 2023 Batavia, IL 60510 Page 1 of 4, excluding Exhibit 1 Page 7 of 16  CITY OF BATAVIA, ILLINOIS ORDINANCE 23- 37 CITY OF BATAVIA, ILLINOIS ORDINANCE 23- 37 ESTABLISHING A SIX- MONTH MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF CERTAIN BUILDING AND ZONING APPLICATIONS FOR LI- LIGHT INDUSTRIAL AND GI- GENERAL INDUSTRIAL PROPERTIES IN THE SRS— SOUTH RIVER STREET GATEWAY OVERLAY DISTRICT WHEREAS, the South River Street corridor contains several different uses and was developed in a manner without a consistent plan or planning, as it was incorporated into the community after development; and WHEREAS, the City Council has budgeted for a land use study of the South River Street corridor to examine the uses of properties in the South River Street corridor; and WHEREAS, the conduct of a study will take several months to gather information and complete. The study may include recommendations for changes in land use such as adding, eliminating uses in the study area or modifying bulk standards, and development regulations. Additionally, there may be considerations for business development districts, tax increment financing or other incentives to induce development in the future; and WHEREAS, a temporary moratorium is a method of allowing for the consideration of appropriate land use regulations; and WHEREAS, a Public Hearing was held by the City Council for the consideration of a temporary moratorium of certain building and zoning actions on June 21st and July 19th 2023; WHEREAS, the South River Street area is identified as a gateway to the community and to the downtown area within the Comprehensive Plan of Batavia under the Economic Development and Redevelopment Element; and WHEREAS, the Economic Development and Redevelopment Element of the Comprehensive Plan identifies that there are a pattern of small lots and lack of harmony in land uses and quality of improvements often helps an area qualify for establishment TIF district and that this area is suited to development of attractive, more intensive commercial uses that can be harmonious with the Fox River to the west, and WHEREAS, the Comprehensive Plan Land Use Element Issues Section identifies the need for long term attention in order to improve the appearance and function of South River Street. WHEREAS, the Comprehensive Plan' s Implementation Element cites the need for a Redevelopment Plan for the South River Street corridor; and Page 2 of 4, excluding Exhibit 1 Page 8 of 16  CITY OF BATAVIA, ILLINOIS ORDINANCE 23- 37 WHEREAS, the City of Batavia has determined there is a lack of community planning in the South River Street area, and WHEREAS, a Study of the South River Street Gateway area will allow for the City to review and conduct planning efforts to determine the appropriate use and development of this corridor; NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Batavia, Kane and DuPage Counties, Illinois as follows: SECTION 1: The recitals set forth above are incorporated herein as the material findings of the Mayor and City Council. SECTION 2: A temporary moratorium of 180 days shall be enacted, starting the business day after the approval of this Ordinance, starting August 8, 2023 and expiring February 4, 2024. The City of Batavia Community& Economic Development Department and City Clerk shall not accept or issue building permits for new buildings or additions of over 1, 000 square feet in the LI Light Industrial and GI General Industrial District Zoned properties that are located in the SRS South River Street Gateway Overlay District during this time period. The City of Batavia Community & Economic Development Department and City Clerk shall also not accept or issue the following zoning applications for LI Light Industrial and GI General Industrial District Zoned properties that are located in the SRS South River Street Gateway Overlay District: 1. Comprehensive Plan Land Use Map Amendments 2. Zoning Map Amendments 3. Conditional Use Permits 4. Design Review for New Buildings or Additions over 1, 000 square feet in area 5. Planned Development Overlays 6. Variances 7. Zoning Code Appeals The City of Batavia Community & Economic Development Department and City Clerk shall accept applications for Administrative Design Review for Signs, fences, and minor site modifications to an approved plan and additions under 1, 000 square feet. The City of Batavia Community & Economic Development and City Clerk shall continue to process applications for all above items that were received and deemed complete prior to the adoption date of this Ordinance. SECTION 3: That this Ordinance 23- 37 shall be in full force and effect upon its presentation, passage and publication according to law. Page 3 of 4, excluding Exhibit 1 Page 9 of 16  CITY OF BATAVIA, ILLINOIS ORDINANCE 23- 37 PRESENTED the City Council of the City of Batavia, Illinois, this 7th day of August 2023. PASSED by the City Council of the City of Batavia, Illinois, this 7th day of August 2023. APPROVED by me as Mayor of said City of Batavia, Illinois, this 7th day of August 2023. CL-fek- efferyt D. Schielke, Mayor Ward Alderman Aye Nay Abstain Absent 1 Baerren 1 Solfa 2 Leman 2 Wolff 3 Ajazi 3 Chanzit 4 Malay 4 Pieper 5 Uher 5 Beck 6 Cerone 6 Lanci 7 Vogelsinger 7 Miller Mayor Schielke AYES NAYS ABSTAIN ABSENT TOTALS 11 0 total holding office: Mayor and 14 Aldermen ATTEST: s OF i Kate G tt City Clerk SEAL ikvt COUIO Page 4 of 4, excluding Exhibit 1 Page 10 of 16  CITY OF BATAVIA,ILLINOIS ORDINANCE 038 2025- EXTENSION OF A 90 DAY MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF CERTAIN BUILDING AND ZONING APPLICATIONS FOR LI - LIGHT INDUSTRIAL AND GI - GENERAL INDUSTRIAL PROPERTIES IN THE SRS - SOUTH RIVER STREET GATEWAY OVERLAY DISTRICT ADOPTED BY THE MAYOR AND CITY COUNCIL THIS 21St DAY OF JULY 2025 Published in pamphlet form Prepared by: by authority of the Mayor and City Council of the City of Batavia, City of Batavia Kane & DuPage Counties, Illinois, 100 N. Island Ave. this 22St day of July, 2025 Batavia, IL 60510 Page 1 of 4,not including Exhibit 1 Page 11 of 16  CITY OF BATAVIA, ILLINOIS ORDINANCE 2025- 038 CITY OF BATAVIA, ILLINOIS ORDINANCE 2025- 038 EXTENSION OF A 90 DAY MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF CERTAIN BUILDING AND ZONING APPLICATIONS FOR LI - LIGHT INDUSTRIAL AND GI - GENERAL INDUSTRIAL PROPERTIES IN THE SRS - SOUTH RIVER STREET GATEWAY OVERLAY DISTRICT WHEREAS, the City Council approved Ordinance 23- 37 which approved a temporary moratorium for a period of 180 days for certain zoning and building permit applications in the South River Street corridor; and WHEREAS, the City Council subsequently approved an extension of said moratorium with Ordinance 2024- 008 & Ordinance 2024- 052 & 2025- 009;and WHEREAS, the moratorium is set to expire; and WHEREAS, City has executed acontract for a land use study of the South River Street corridor to examine the uses of properties in the South River Street corridor; and WHEREAS, the planning process is now underway to examine the uses of properties in the South River Street corridor; and WHEREAS, the conduct of a study will take several months to gather information and complete. The study may include recommendations for changes in land use such as adding, eliminating uses in the study area or modifying bulk standards, and development regulations. Additionally, there may be considerations for business development districts, tax increment financing or other incentives to induce development in the future; and WHEREAS, a temporary moratorium is a method of allowing for the consideration of appropriate land use regulations; and WHEREAS, an extension of the moratorium will allow for the Land Use Study to continue without potential changes in use; and WHEREAS, a Public Hearing was held by the Plan Commission for the consideration of a temporary moratorium of certain building and zoning actions on June 25,2025; WHEREAS, the Plan Commission recommended that the extension of such moratorium is appropriate for another period of 90 days; and WHEREAS, a Study of the South River Street Gateway area will allow for the City to review and conduct planning efforts to determine the appropriate use and development of this corridor; Page 2 of 4 Page 12 of 16  CITY OF BATAVIA, ILLINOIS ORDINANCE 038 2025- NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Batavia, Kane and DuPage Counties, Illinois as follows: SECTION 1: The recitals set forth above are incorporated herein as the material findings of the Mayor and City Council. SECTION 2: A temporary moratorium of 90 days shall be enacted, starting on August 4, 2025 and expiring on November 2,2025. The City of Batavia Community & Economic Development Department and City Clerk shall not accept or issue building permits for new buildings or additions of over 1, 000 square feet in the LI Light Industrial and GI General Industrial District Zoned properties that are located in the SRS South River Street Gateway Overlay District during this time period. The City of Batavia Community & Economic Development Department and City Clerk shall also not accept or issue the following zoning applications for LI Light Industrial and GI General Industrial District Zoned properties that are located in the SRS South River Street Gateway Overlay District: 1. Comprehensive Plan Land Use Map Amendments 2. Zoning Map Amendments 3. Conditional Use Permits 4. Design Review for New Buildings or Additions over 1, 000 square feet in area 5. Planned Development Overlays 6. Variances 7. Zoning Code Appeals The City of Batavia Community & Economic Development Department and City Clerk shall accept the following applications: 1. Administrative Design Review for Signs, fences, and minor site modifications to an approved plan and additions under 1, 000 square feet. 2. Comprehensive Plan Land Use Map and Zoning Map applications that propose to rezone property to the GC,R3, R4 and R5 District and the comparable Comprehensive Plan Land Use Designations limited to for contiguous properties under a single ownership, greater than 3. 5 acres in size along with related development applications. The City of Batavia Community & EconomicDevelopment Department and City Clerk shall continue to process applications for all above items that were received and deemed complete prior to the adoption date of this Ordinance. Page 3 of 4 Page 13 of 16  CITY OF BATAVIA, ILLINOIS ORDINANCE 2025- 038 SECTION 3: That this Ordinance 2025- 038 shall be in full force and effect upon its presentation, passage and publication according to law. PRESENTED the City Council of the City of Batavia, Illinois, this 21St day of July 2025. PASSED by the City Council of the City of Batavia, Illinois, this 21St day of July 2025. APPROVED by me as Mayor of said City of Batavia, Illinois,this 21St day of July 2025. SLfcL Jeffery D. Schielke, Mayor Ward Alderman Aye Nay Abstain Absent 1 Baerren X 1 Solfa X 2 Leman X 2 Wolff X 3 Lohman X 3 Malone X 4 Malay X 4 Pieper X 5 Fahrenbach X 5 Beck X 6 Anderson 1t 6 Lanci X 7 Vogelsinger X 7 Barazza 1( Mayor Schielke AYES NAYS ABSTAIN ABSENT TOTALS 13 O p total holding office: Mayor and 14 Aldermen ATTEST: Page 4 of 4 Page 14 of 16 TO: Mayor and the Committee of the Whole FROM: Drew Rackow AICP, Planning and Zoning Officer DATE: July 20, 2023 – Update August 4, 2023 RE: Ordinance 23-37: Establishing a six-month moratorium on the acceptance and processing of certain building and zoning applications for the LI – Light Industrial and GI – General Industrial properties in the SRS – South River Street Gateway Overlay District City of Batavia, Applicant Update Since COW Meeting: Since the COW meeting, the City Attorney reviewed the Ordinance, language has been added since the meeting for the Council’s review and action. Summary: The past two City budgets have included funding for a South River Street Study. Staff expects to initiate the work on this study later this year. Staff proposes this moratorium to allow for the study to be conducted to assure that any potential development in this area waits until the completion of the study. Ordinance 23-37 would approve a temporary six month moratorium for new buildings and additions of larger 1,000 building additions. It would also limit acceptance of certain zoning entitlement applications during the moratorium period. Background: The South River Street Gateway Overlay District was created in 2010, to create a set of modified lot standards for this area. Many Light Industrial (LI) and General Industrial (GI) zoned properties would otherwise not be in compliance with the development standards proposed at that time. The overlay was a proposed modification to the initially drafted zoning map in 2010, which originally indicated the South River Gateway Overlay District area be considered for the SB-Service Business District. After consulting with the property owners in the area, the SRS Gateway Overlay District was implemented as a concession to the concerns of area owners. In 2022, the City Council included in the budget a Study of the South River Street corridor. The intention of this study is to review land uses and make recommendations on improvements that can be made to the corridor (roadway, infrastructure, etc.), programs to induce development and the feasibility of alternate land uses. It would also analyze certain types of incentives such as Special Service Areas (SSA), Tax Increment Financing (TIF) and Business Development Districts. Due to the Downtown Plan and other staff workload, this was delayed to the 2023 budget year. Staff believes this study will get underway later this year. Staff is proposing the temporary moratorium to allow for the study of the existing land uses and the corridor to occur and allow for the recommendations to be reviewed and ultimately City Council review and action on the plan. Plan Commission Review and Action: The Plan Commission opened the Public Hearing at their June 21st meeting. During the initial hearing four members of the public addressed the Commission. Three members of the public spoke in relation to 400 South River Street (the quarry property). Kate McCracken, Attorney for the property owner, addressed the Commission, noting that her client was seeking to sell the property to a buyer that would seek to develop the property under the existing zoning district. She requested that the Commission consider an exemption of properties that were for sale or under contract. Ms. McCracken also informed the Commission that it was her opinion that insufficient information was being provided for the purpose of a moratorium. Another speaker inquired as to whether there were any impacts to their property, which fell outside of the moratorium area. During this public hearing, the Commission discussed notice requirements for a moratorium. They requested that staff provide an additional informational notice to impacted property owners and continued the hearing to the July 19th meeting date. Staff completed a courtesy notice consistent with the Commission’s request on June 30th. Please see the attached excerpt of the meeting minutes for this discussion item. Page 15 of 16  2 At the July 19th meeting, the Public Hearing resumed. Attorney McCracken addressed the Commission, again requesting that the moratorium not apply to properties currently listed for sale. She reiterated that a necessity for the moratorium, particularly addressing impacts to life, safety and general welfare had not been placed in the record. She noted that her client owns several properties in the moratorium area and felt they were targeted by the moratorium. She requested that if there is an issue with the maintenance or use of her client’s property that the City address it with ownership directly. Staff noted that the City Attorney has reviewed the proposed moratorium and process and agrees that all necessary actions have been addressed. Commissioners inquired whether the property is under contract or merely listed for sale. She advised the property is not currently under contract due to the potential moratorium. Commissioners discussed the proposed moratorium, in relation to the Study. Staff noted that the moratorium would allow for a full investigation of the area, without proposed changes occurring during the evaluation. This would ensure that a use is not proposed that could potentially become non- conforming or be incompatible with the recommendations made through the course of the study. The Commission agreed to recommend in favor subject to a stipulation exempting properties for sale as of the publication of the Hearing Notice on June 5th be exempted from the moratorium. The Commission voted 5-1 (1 absent) to recommend approval of the moratorium, subject to this exemption. Staff believes that the moratorium should include all properties within the subject area. Ordinance 23-37 has been drafted consistent with the staff recommendation. Alternatives: The Committee can approve, approve with modifications, or reject the Ordinance 23-37. Impacts: During the moratorium, property owners and their tenants would be limited in the types of zoning and building permit actions they could seek during that period. The City would be able to conduct the proposed Land Use Study without the possibility of creating non-conforming conditions or adding non- compatible uses. Timeline for Actions: Committee action will allow for City Council action on August 7, 2023. Staff Recommendations: By a vote of 5-1 (1 absent), the Plan Commission recommended approval of a moratorium, exempting properties that were listed for sale as of June 5, 2023 (the date of the published hearing notice). Staff recommends approval of Ordinance 23-37 as presented, without the exemption on currently for sale properties. Attachments: Draft Ordinance 23-37 Plan Commission Packet for July 19, 2023 Meeting PC Minutes excerpt for June 21 c Mayor and City Council Applicant Media Page 16 of 16