Planning and Zoning Commission
Regular MeetingGeneva, IL · July 11, 2013
Minutes
PLAN COMMISSION MINUTES
City of Geneva
109 James Street - City Council Chambers
Meeting #1133 – July 11, 2013
Chairman Rogers called the Plan Commission meeting to order at 7:00 p.m. Roll call followed:
Present: Commissioners Case, Erickson, Leidig, Mead, Stevenson, Chairman Rogers
Absent: Commissioners Evans and Stocking
Others Present: Community Development Planner David DeGroot; Chicago-area Real Time Court
Reporter Joanne Ely; and Recording Secretary Celeste Weilandt
Public Present: Mr. Nick Nicolaou with Riganato Restaurant; Resident Ms. Sally Stachowicz,
22 Sandholm Street, Geneva
Approval of the June 13, 2013 Meeting Minutes
Minutes of the June 13, 2013 meeting were approved on motion by Commissioner Case,
seconded by Commissioner Leidig. Motion carried by voice vote of 6-0.
Public Hearings:
PUD Amendments - Amendments to the Nicolaou Planned Unit Development approved
by Ordinance 2009-31 and 2010-13 to: 1) enclose the first floor outdoor seating deck;
2) postpone demolition of the Me & Dad’s Toys building until March of 2017; and 3) reduce the
required number of parking spaces to 22 spaces at the end of Phase 2. Applicant: Nick
Nicolaou; Location: 700 E. State Street.
Chairman Rogers reviewed the protocol for the public hearing and swore in those individuals
that would be speaking on the above petition.
[See Transcript from Chicago-Area Real Time Reporters]
Commissioner Erickson moved to close the public hearing. Commissioner Leidig seconded
the motion. Motion carried by voice vote of 6-0.
Commissioner Erickson moved to waive the bifurcated process and vote on the petition.
Seconded by Commissioner Stevenson. Motion carried by voice vote of 6-0.
Planner DeGroot reviewed each of the nine (9) standards for Special Use for the PUD amendments to
ensure a consensus for this proposal. With respect to Standard No. 3, DeGroot indicated that by
enclosing the deck, per the zoning requirements, it would require four more parking spaces than
originally approved and he explained that the applicant had off-site parking agreements in place to
cover the overflow parking until the end of Phase 2, but at the end of Phase 2, he believed the city
would be left with a substandard condition based on the zoning ordinance requirements. However,
the seating capacity was not changing. Mr. DeGroot reminded the commissioners that with the
original Special Use approval there existed a condition where the Special Use could be revoked if
parking became an issue and spilled over into the neighborhood. The remaining standards were
reviewed with no specific concerns.
Per a question, DeGroot confirmed that if the additional parking was approved and the parking
became an issue there was the chance to revoke the Special Use, along with any other conditions the
commission wanted to place on the petitioner. Per staff, the parking issue would be addressed by
Geneva Plan Commission -2- July 11, 2013
complaint-basis and then reviewed by staff and brought before the commissioners for consideration.
Other comments followed that the current parking lot appeared to be fine, the overall development
and work done by the owner was very positive, and any outside noise coming from the open deck
would be addressed by enclosing the deck.
Chairman Rogers asked the commissioners if the items should be moved separately or all three in
one motion. The consensus was to address each item separately.
Commissioner Erickson moved to approve the request to amend the Nicolaou PUD, approved
by Ordinance 2009-31 and 2010-13, to enclose the first floor outdoor seating deck. Seconded
by Commissioner Leidig. Roll call:
Aye: Case, Erickson, Leidig, Mead, Stevenson, Rogers
Nay: None MOTION CARRIED. VOTE: 6-0
Commissioner Erickson moved to approve the request to amend the Nicolaou PUD, approved
by Ordinance 2009-31 and 2010-13, to postpone the demolition of the Me & Dad’s Toy building
until March 2017. Seconded by Commissioner Mead. Roll call:
Aye: Case, Leidig, Stevenson, Rogers
Nay: Erickson, Mead MOTION CARRIED. VOTE: 4-2
Commissioner Erikson moved to approve the request to amend the Nicolaou PUD, approved
by Ordinance 2009-31 and 2010-13, to reduce the required number of parking spaces from 26
to 22 at the end of Phase 2. Seconded by Commissioner Mead. Roll call:
Aye: Case, Erickson, Leidig, Mead, Stevenson, Rogers
Nay: None MOTION CARRIED. VOTE: 6-0
Commissioner Erickson moved to accept the Findings of Fact in Staff’s memorandum, as
amended, seconded by Commissioner Mead. Motion carried by voice vote of 6-0.
Text Amendments - Amendments to Section 12-5-3 (Fees for Subdivisions and
Annexations) of Title 12 (Subdivisions) to eliminate explicit fee references and to, instead,
state that Subdivision and Annexation applications be “accompanied by a nonrefundable fee
established from time to time by the City Council.” Applicant: City of Geneva.
[See Transcript from Chicago-Area Real Time Reporters]
Commissioner Mead moved to close the public hearing. Commissioner Leidig seconded the
motion. Motion carried by voice vote of 6-0.
Commissioner Mead moved to waive the bifurcated process and vote on the petition.
Seconded by Commissioner Leidig. Motion carried by voice vote of 6-0.
Planner DeGroot referenced the proposed amendments listed on page 4 of staff’s memorandum.
Commissioner Mead moved to approve the Amendments to Section 12-5-3 (Fees for
Subdivisions and Annexations) of Title 12 (Subdivisions) to eliminate explicit fee references
and to, instead, state that Subdivision and Annexation applications be “accompanied by a
nonrefundable fee established from time to time by the City Council.” and as further outlined
on Page 4 of staff’s memorandum. Seconded by Commissioner Leidig. Roll call:
Geneva Plan Commission -3- July 11, 2013
Aye: Case, Erickson, Leidig, Mead, Stevenson, Rogers
Nay: None MOTION CARRIED. VOTE: 6-0
Public Comment - None
Other Business
Mr. DeGroot reported he was still working on something to honor former Commissioner Moffat. He will
notify the commissioners of a date via email. Upcoming cases included a special use for a restaurant
at 124 S. Second Street and last night, the Zoning Board granted both requests for relief on that
project. The 124 S. Second application will be coming before the commission in August. Also
announced was that Delnor Hospital submitted landscape plans to reconfigure its entrance way, along
with proposed signage.
The Prairie Ridge Townhomes project was moving forward. The LaPetite petition had no activity to
date. Commissioner Stevenson commented on his recent visit to a development developed by Ryan
Homes and stated they were very nice homes. Updates followed on the Grahams 321 site and the
status of its outside bar. Questions followed on the status of State Street Jewelers, the former Beers,
Brothers and Burgers restaurant, and the former Thai restaurant on State Street. General dialog
followed regarding the Randall Road bike trail, the configuration of the Route 38/Kautz Road bridge,
the new Penrose Brewery, and the fact that the garage doors continue to be open at the NTB Tire
store on Randall Road.
Adjournment
The meeting was adjourned at 8:00 p.m. on motion by Mead, seconded by Commissioner Leidig.
Motion carried unanimously by voice vote of 6-0.
Agenda
Meeting Agenda
CITY OF GENEVA PLAN COMMISSION
JULY 11, 2013 MEETING #1133
1. Call to Order
Location
City Hall 2. Roll Call
Council Chambers
109 James Street 3. Approval of Minutes: June 13, 2017
Geneva, IL 60134
4. Public Hearings:
Time
a. PUD Amendments – Amendments to the Nicolaou Planned
7:00 p.m. Unit Development approved by Ordinance 2009-31 and 2010-
13 to: 1) enclose the first floor outdoor seating deck; 2)
Commissioners postpone demolition of the Me & Dad’s Toys building until
March of 2017; and 3) reduced the required number of
Dave Rogers, Chairman parking spaces to 22 spaces at the end of Phase 2.
John Mead
Applicant: Nick Nicolaou
Fred Case
Joel Erickson Location: 700 E. State Street
Mim Evans
b. Text Amendments – Text Amendments to Section 12-5-3
Cindy Leidig (Fees for Subdivisions and Annexations) of Title 12
Scott Stocking (Subdivisions) to eliminate explicit fee references and to
Ron Stevenson instead state that Subdivision and Annexation applications be
“accompanied by a nonrefundable fee established from time
Staff Liaison to time by the City Council.”
David DeGroot Applicant: City of Geneva
City Planner
5. Public Comment
Phone: (630) 232-0814
Email: ddegroot@geneva.il.us 6. Other Business
7. Adjournment
This Plan Commission meeting is being audio tape recorded, transcribed by a
court reporter and/or summary minutes are being taken by a recording
secretary. The City of Geneva complies with the requirements of the Americans
with Disabilities Act of 1990. Individuals with disabilities who plan to attend this
meeting who require accommodations in order to allow them to observe and/or
participate in this meeting are requested to contact the Planning Division at 630-
232-0818 at least 48 hours in advance of the meeting to allow the City of Geneva
to make reasonable accommodations for those persons.
Plan Commission Agenda
Page 2 of 2 July 11, 2013
PROCEDURE FOR PUBLIC HEARINGS
It is the Plan Commission’s job to conduct public hearings in order to receive testimony for and against
petitions for general amendments to the zoning ordinance, zoning map amendments, zoning text
amendments, special use permits and amendments to special use permits.
The procedure followed for public hearings is as follows:
• First, the Plan Commission secretary or the designated representative will read or describe
written items, reports, and plans into the record.
• Second, the petitioner will present testimony in favor of the petition and will present any
supporting plans or exhibits.
• Third, the Commission members will have an opportunity to question the petitioner.
• Fourth, the Commission will then receive citizen testimony both for and against the petition.
Questions about the proposal may be directed to the petitioner or petitioner’s witnesses and
questions about the Plan Commission process itself may be directed to me. Following such
testimony the petitioner and the Plan Commission may ask questions of those who testified.
• Finally, the petitioner may provide a rebuttal to any testimony in opposition.
When all the testimony is brought into the record the hearing will be closed and the Plan
Commission will make a recommendation to the City Council in the form of a motion or motions.
• In order to give testimony, you must provide your name and address on the registration sheet
located at the entrance of the hearing room and sign in the space provided. By signing the
registration sheet, you agree and understand that anything you say will be considered sworn
testimony and affirm to tell the truth, the whole truth and nothing but the truth.
• When giving testimony please approach the lectern, speak directly into the microphone so that
you may be heard. Please begin by stating your name and giving your address. If you speak
additional times, please state your name each time for the record.
• Please be concise when presenting your testimony and if your point has already been made, it is
not necessary to repeat it. Each of these points is recorded and will be considered as the Plan
Commission develops findings of fact and a recommendation or recommendations.
• You may provide your testimony in written form, but such written testimony must be presented
to the Plan Commission secretary or the designated representative prior to the closing of this
hearing.
• After the process is completed and everyone wishing to present testimony has spoken, the
Commission will then decide whether it has heard adequate testimony in order to make a
decision. If it has, the public hearing will be closed.
After a public hearing is closed the Plan Commission will refrain from receiving any additional testimony
either for or against the petition. There is one exception to this rule.
• City staff will submit a report based on the testimony presented at the hearing. This report will
consider comments or concerns from all City Departments such as the Fire Department, Public
Works Department or the Engineering Department.