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Planning and Zoning Commission Packet 2018 05-09-18 PLANNING AND ZONING COMMISSION AGENDA Wednesday, May 9, 2018 7:00 PM Yorkville City Hall Council Chambers 800 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Call: Previous Meeting Minutes: April 11, 2018 Citizen’s Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PZC 2018-08 BAP Power Corporation dba Cenergy Power, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting special use permit approval to install and operate a ground mounted community solar field on approximately 9.69 acres of land consisting of roughly 7,000 solar modules with a maximum height of seven (7) feet at full tilt. The real property is located in the southeast quadrant of Illinois Route 71 and Illinois Route 126 within the Windmill Farms Planned Unit Development in Yorkville, Illinois. Unfinished Business New Business 2. PZC 2018-08 BAP Power Corporation dba Cenergy Power, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting special use permit approval to install and operate a ground mounted community solar field on approximately 9.69 acres of land consisting of roughly 7,000 solar modules with a maximum height of seven (7) feet at full tilt. The real property is located in the southeast quadrant of Illinois Route 71 and Illinois Route 126 within the Windmill Farms Planned Unit Development in Yorkville, Illinois. Action Item Special Use 3. PZC 2018-12 The petitioner, Aurora Sign Company, has filed an appeal with the United City of Yorkville, Kendall County, Illinois, for a new permanent building mounted sign on March 23, 2018 for the commercial structure at 129 Commercial Drive which was denied through the zoning review process. The petitioner is requesting that the interpretation of the Yorkville Zoning Ordinance in regards to its decision on this permit application be reviewed by the Planning and Zoning Commission as stated in Section 10-4-6-A of the Zoning Ordinance. Action Item Zoning Appeal United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us Additional Business 1. City Council Action Updates a. PZC 2018-02 Kendall Holdings I, LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting amendment to the Kendall Marketplace Planned Unit Development to permit an increase in overall sign height by five (5) feet for two (2) existing freestanding business monument signs for the purpose of added tenant panels in the Kendall Marketplace commercial development. The real property is located at 731-795 Erica Lane in Yorkville, Illinois. Action Approved b. PZC 2018-03 United City of Yorkville, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting text amendment approval for revisions to Section 11-8-2 of the Subdivision Control Ordinance related to escrow deposits for engineering review fees. Action Forwarded to Economic Development Committee (EDC) for further consideration. c. PZC 2018-05 McCue Builders, Inc, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois requesting amendment to the Kendall Marketplace Planned Unit Development Agreement to permit a revision to Article III of said agreement regarding Design Standards for new construction residential lots within the Kendall Marketplace development. The real property is generally located north of US 34, west of Cannonball Trail, immediately north of Blackberry Shore Lane in Yorkville, Illinois. Action Approved d. PZC 2018-04 John and Michelle Stewart, petitioners, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting final plat amendment approval for Unit 2 of the Prestwick of Yorkville Subdivision (Ashley Pointe) related to the Yorkville Christian High School development. The real property is generally located along IL Route 126 between Ashley Road and Penman Road in Yorkville, Illinois. Action Approved Adjournment Page 1 of 4 DRAFT PLANNING & ZONING COMMISSION City Council Chambers 800 Game Farm Road, Yorkville, Il Wednesday, April 11, 2018 7:00pm Meeting Called to Order Chairman Randy Harker called the meeting to order at 7:00pm, roll was called and a quorum was established. Roll Call: Bill Gockman-present, Reagan Goins-present, Deborah Horaz-present, Jeff Olson-present, Richard Vinyard-present, Randy Harker-present Absent: Don Marcum City Staff Krysti Barksdale-Noble, Community Development Director Jason Engberg, Senior Planner Lynn Dubajic, City Consultant Brad Sanderson, City Engineer/EEI Other Guests Christine Vitosh, Depo Court Gavin Smith, CBRE John Philipchuck, Attorney, YCHS Michelle Stewart, YCHS Dave Schultz, HR Green Marc Altenbernt, YCHS Brandon Weis, Aurora Sign Co. Eunice Riemer, YCHS Bonnie Breen, YCHS Molly Breen, YCHS Sean Michels, McCue Builders/Kendall Marketplace Previous Meeting Minutes March 14, 2018 The minutes were approved as presented on a motion and second by Commissioners Vinyard and Goins, respectively. Roll call vote: Goins-yes, Horaz-yes, Olson-yes, Vinyard-yes, Gockman-yes, Harker-yes. Motion carried 6-0 Citizen’s Comments None Public Hearings Chairman Harker swore in those who would present testimony and explained the procedure for the Hearings. A motion was made and seconded by Mr. Vinyard and Ms. Horaz, respectively, at approximately 7:03pm, to open all three Hearings. Roll call: Horaz-yes, Olson-yes, Vinyard-yes, Gockman-yes, Goins-yes, Harker-yes Motion carried 6-0. Page 2 of 4 1. PZC 2018-02 Kendall Holdings I, LLC, petitioner has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting amendment to the Kendall Marketplace Planned Unit Development to permit an increase in overall sign height by five (5) feet for two (2) existing freestanding business monument signs for the purpose of added tenant panels in the Kendall Marketplace commercial development. The real property is located at 731-795 Erica Lane in Yorkville, Illinois. 2. PZC 2018-03 United City of Yorkville, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting text amendment approval for revisions to Section 11-8-2 of the Subdivision Control Ordinance related to escrow deposits for engineering review fees. 3. PZC 2018-05 McCue Builders, Inc., petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois requesting amendment to the Kendall Marketplace Unit Development Agreement to permit a revision to Article III of said agreement regarding Design Standards for new construction residential lots within the Kendall Marketplace development. The real property is generally located north of US 34, west of Cannonball Trail, immediately north of Blackberry Shore Lane in Yorkville, Illinois. (See Court Reporter transcripts) The Hearings were closed at approximately 7:45pm on a motion by Mr. Vinyard and second by Ms. Horaz. Roll call: Olson-yes, Vinyard-yes, Gockman-yes, Goins-yes, Horaz-yes, Harker-yes. Motion carried 6-0. Unfinished Business None New Business 4. PZC 2018-02 Kendall Holdings (see above) Mr. Vinyard said an extra 5 feet is a huge difference and he wondered if the ordinances need to be standardized. Ms. Noble said the staff is currently looking at them. He added that there are not enough spaces on the sign to accommodate all future businesses. Chairman Harker commented that there are 15-19 unoccupied spaces and perhaps a taller sign could bring more businesses and subsequent jobs. He said when Rt. 34 is improved and traffic is moving fast, an extra 5 feet won't be noticeable. Ms. Dubajic said this request is the last piece of the negotiations for the proposed “junior box” store. Action Item PUD Amendment Mr. Olson made the following motion which was seconded by Ms. Goins: In consideration of testimony presented during a Public Hearing on April 11, 2018 and the standards for PUD approval and amendment, regarding a proposed increase in overall height by five (5) feet for two (2) existing freestanding business monument signs located at the Kendall Marketplace retail development, the Planning and Zoning Commission Page 3 of 4 recommends approval of the amended Planned Unit Development (PUD) Agreement to the City Council as presented by the Petitioner in a plan prepared by Aurora Sign Company, dated February 22, 2018. Roll call vote: Olson-yes, Vinyard-yes, Gockman-yes, Goins-yes, Horaz-abstain, Harker- yes. Motion carried: 5 yes and 1 abstain 5. PZC 2018-03 Text Amendment (see above) The Commissioners agreed the rates are too low and staff has to continually go back to the developer. Smaller projects will require lesser amounts. Ms. Goins compared this to a lawyer's retainer and asked if staff does audits. The Finance Department conducts audits and presents them to Ms. Noble for review every month. A detailed invoice is also sent to the applicant. Action Item Text Amendment A motion and second were made by Commissioners Vinyard and Olson, respectively, to approve the Findings of Fact and petition: In consideration of testimony presented during a Public Hearing on April 11, 2018 and discussions conducted at that meeting for a proposed text amendment to Title 11: Subdivision Control Chapter 8: Fee Schedule, the Planning and Zoning Commission recommends approval to the City Council of revised engineering review fee escrow deposits for all new construction projects and any development requiring land use approvals, as presented by staff in a memorandum dated March 1, 2018. Roll call vote: Vinyard-yes, Gockman-yes, Goins-yes, Horaz-yes, Olson-yes, Harker-yes Motion carried: 6-0 6. PZC 2018-05 McCue Builders, Inc. Design Standards (see above) There was discussion of some of the new features Mr. McCue wishes to incorporate in his homes. He is allowed to not follow the covenants in 7 of 28 lots. Action Item PUD Amendment Ms. Goins made a motion, seconded by Mr. Vinyard, to approve the Findings of Fact as follows: In consideration of testimony presented during a Public Hearing on April 11, 2018 and the standards for PUD approval and amendment, the Planning and Zoning Commission recommends approval of an amendment to the Kendall Marketplace Planned Unit Development Agreement to permit a revision to the design standards for new construction residential lots within the Kendall Marketplace development, as presented by staff in a memorandum dated April 4, 2018. Roll call vote: Gockman-yes, Goins-yes, Horaz-yes, Olson-yes, Vinyard-yes, Harker-yes Motion Carried: 6-0 7. PZC 2018-04 John and Michelle Stewart Attorney John Philipchuck said the petitioners are trying to reduce the former lot for the school site in phases and are seeking approval for the reduced plat size. Mr. Schultz said Page 4 of 4 the site was 43 acres and will be reduced to 12 acres. Action Item Final Plat Amendment It was moved and seconded by Commissioners Horaz and Vinyard to approve the Findings of Fact in a motion as follows: In consideration of the proposed Final Plat of Subdivision for the Yorkville Christian School, the Planning and Zoning Commission recommends approval of the plat to the City Council as presented by the Petitioner in a plan prepared by HR Green, dated last revised February 21, 2018, subject to engineering staff recommendations in a letter dated March 14, 2018. Roll call vote: Goins-yes, Horaz-yes, Olson-yes, Vinyard-yes, Gockman-yes, Harker-yes Motion carried 6-0. Additional Business 1. Year in Review – Community Development Presentation of Calendar Year 2017 Ms. Noble said staff will compile a Year in Review packet each year. Ms. Horaz said she agreed with Mr. Vinyard about doing a sign ordinance review. There was a brief discussion about sign height. The Commissioners commended Ms. Noble and Community Development for the comprehensive work on the Year in Review. Ms. Dubajic reported on the progress of a new pizza place set to open in summer 2. & 3. PZC -2018-01 and PZC 2018-06 There was no discussion of the City Council Action Updates on the agenda. Adjournment There was no further business and the meeting was adjourned at 8:16pm on a motion by Commissioners Vinyard and Goins, respectively. Approved on voice vote. Respectfully submitted by Marlys Young, Minute Taker PZC - April 11, 2018 - Public Hearings 1 1 2 3 4 5 UNITED CITY OF YORKVILLE 6 YORKVILLE, ILLINOIS 7 8 9 PLANNING AND ZONING COMMISSION MEETING 10 PUBLIC HEARINGS 11 12 13 14 15 800 Game Farm Road 16 Yorkville, Illinois 17 18 19 Wednesday, April 11, 2018 20 7 : 00 p .m. 21 22 23 24 Vitosh Deporting Service 815. 993 . 2832 cros.vitosh@gmail. com PZC - April 11, 2018 - Public Hearings 2 1 PRESENT : 2 Mr . Randy Harker, Chairman, 3 Ms . Reagan Flavin Goins, 4 Mr . Jeff Olson, 5 Ms . Deborah Horaz, 6 Mr . Bill Gockman, 7 Mr . Richard Vinyard . 8 9 10 ALSO PRESENT : 11 Ms . Krysti Barksdale-Noble, Community 12 Development Director, 13 Mr . Brad Sanderson, City Engineer, 14 Ms . Marlys Young, Minute Taker . 15 16 17 18 19 20 21 22 23 24 T2itosh Deporting Service 815 . 993 .2832 cms.vitosh@gmail. com PZC - April 11, 2018 - Public Hearings 3 1 WHEREUPON, the following 2 proceedings were had in 3 public hearing : ) 4 CHAIRMAN HARKER : There are three public 5 hearings on tonight ' s agenda for the Planning and 6 Zoning Commission meeting. 7 The purpose of these hearings are to 8 invite testimony from members of the public 9 regarding the proposed requests that are being 10 considered before the Board tonight . I1 Public testimony from persons 12 present who wish to speak may be for or against 13 the requests or have questions for the petitioner 14 regarding the request being heard. 15 Those persons wishing to testify are 16 asked to speak clearly, one at a time, state your 17 name and who you represent, if anyone . You are 18 also asked to sign in at the podium if you 19 haven ' t already done so . 20 If you are going to speak at 21 tonight ' s public hearing as a petitioner, as a 22 member of the public, please stand, raise your 23 right hand and repeat after me . 24 Witnesses sworn . ) itosh Deporting Service 815 . 993 . 2832 cms.vitosh@gmail . com PZC - April 11, 2018 - Public Hearings 4 1 CHAIRMAN HARKER: So what we ' re going to 2 do is the order of testimony that we ' re going to 3 be receiving tonight will be from -- first from 4 the petitioner, they will give their 5 presentation, and then those who are in favor of 6 the request , those that are opposed, and then any 7 questions that the Commission might have for the 8 petitioner . 9 So can I get a motion to open the 10 public hearing on Petition Numbers PZC 2018-02 , 11 PZC 2018-03 and PZC 2018-05? 12 MR. VINYARD: So moved. 13 MS . HORAZ : Second . 14 CHAIRMAN HARKER: Can I get a roll call 15 vote, please? 16 MS . YOUNG : Yes . 17 Horaz . 18 MS . HORAZ : Yes . 19 MS . YOUNG : Olson. 20 MR. OLSON : Yes . 21 MS . YOUNG : Vinyard . 22 MR. VINYARD : Yes . 23 MS . YOUNG : Gockman . 24 MR. GOCKMAN : Yes . Vitosh Reporting Service 815 . 993 .2832 cms .vitosh@gmail .com PZC - April 11, 2018 - Public Hearings 5 1 MS . YOUNG: Goins . 2 MS . GOINS : Yes . 3 MS . YOUNG: Harker . 4 CHAIRMAN HARKER: Yes . 5 Okay. So moving into the public 6 hearing, the first one that we are going to hear 7 is PZC 2018-02 , Kendall Holdings , I , LLC, 8 petitioner, has filed an application with the 9 United City of Yorkville, Kendall County, 10 Illinois , requesting amendment to the Kendall I1 Marketplace Planned Unit Development to permit an 12 increase in the overall sign height by five feet 13 for two existing freestanding business monument 14 signs for the purpose of adding tenant panels in 15 the Kendall Marketplace commercial development . 16 The real property is located at 17 731 through 795 Erica Lane in Yorkville, 18 Illinois . 19 LYNN DUBAJIC, 20 having been first duly sworn, testified from the 21 podium as follows : 22 MS . DUBAJIC : Good evening, everyone . I 23 am Lynn Dubajic from DLK, LLC, and I 'm here to 24 just give you a little background of what ' s going 2itosh Deporting Service 815. 993 .2832 cms .vitosh@gmail . com PZC - April 11, 2018 - Public Hearings 6 1 on over at Kendall Marketplace . 2 First of all, Alex Berman, who is 3 the owner of the shopping center, is out of town 4 today; that ' s the reason why he couldn ' t be 5 here . 6 Gavin Smith is here to represent 7 him, he is the manager of the property, and also 8 Brandon Weis is here from Aurora Signs to talk 9 specifically about the signs . 10 So for quite a while we ' ve been I1 working on getting a mid-size junior box at the 12 center, and the owner of the shopping center has 13 been working diligently to meet all their needs 14 and to work with them to get them to come to 15 Kendall Marketplace . 16 As we know, we have some space there 17 in line where you would find where Kohl ' s and 18 along that side that is -- that needs to be 19 filled up, and this one particular retailer, 20 which remains nameless at this point, is 21 requesting this signage, so that is the purpose 22 that we are asking -- requesting that the sign be 23 increased by five feet to accommodate a very 24 specific retailer, so that -- just wanted to give Vitosh Reporting Service 815. 993 .2832 cms .vitosh@gmail .com PZC - April 11, 2018 - Public Hearings 7 1 that back story, and that this is kind of a final 2 piece that -- everything else has been agreed 3 upon between the shopping center owner and the 4 retailer, so we ' re just very hopeful that this 5 will have a favorable recommendation . 6 BRANDON WEIS, 7 having been first duly sworn, testified from the 8 podium as follows : 9 MR. WEIS : Good evening, Brandon Weis, 10 Aurora Sign Company. This pen doesn ' t work. 11 Okay . So the intention of 12 Mr . Berman ' s request is to take this existing 13 sign, we have two of them along Route 34 . The 14 existing sign is approximately 30 feet tall and 15 the intention is to add five feet . 16 He wants to add five feet so that 17 Home Depot, Super Target and the Kohl ' s is still 18 sort of the flagship impact of the sign, so 19 rather than just adding to the top of the sign, 20 what we ' re going to wind up doing is removing the 21 whole sign from its -- from its base, installing 22 a lower cabinet -- well, that ' s going to be tough 23 to balance that -- installing a lower cabinet 24 here for those three tenant panels, and then itosh Reporting Service 815. 993 . 2832 cms.vitosh@gmail . com PZC - April 11, 2018 - Public Hearings 8 1 putting everything else back on top . 2 In doing so, back when we initially 3 installed this sign for -- I want to say it was 4 the Pat Daley Group, we over-engineered the 5 footings with the understanding that this 6 actually may occur someday, so there was thought 7 given to this, there was a precedent set for it 8 early on in the process, and how many years 9 later, ten years later, here we are . 10 So what we ' ve got inside the pylon 11 covers is two ten-inch pipes that start much 12 bigger down here at the base, then we ' ve got two 13 ten-inch pipes here, then the sleeve leads to 14 six-inch pipes inside and then a height up to 15 approximately 35 feet . 16 If you ' ll notice, we ' re going to get 17 rid of the little cornice top at the top of the 18 existing sign and replace that with a flat top 19 here, still identifying Home Depot, Super Target 20 and Kohl ' s as our flagship tenants . 21 While we ' re doing that, while we ' re 22 inside the sign, this is kind of an older 23 technology sign in that it ' s all internally 24 illuminated with the old high output fluorescent liitoshl porting Service 815. 993 . 2832 cms.vitosh@gmail . com PZC - April 11, 2018 - Public Hearings 9 1 bulbs, and I talked about that with the property 2 owner and he would like to upgrade the internal 3 components to the LED system, thus using much 4 less power and having cleaner brilliancy in the 5 sign . 6 So that ' s kind of that in a 7 nutshell . I will make a feeble attempt at 8 answering any of your questions . 9 MR. OLSON : Did someone sign off that 10 the foundation is sufficient to actually hold an 11 increase in the sign? 12 MR. WEIS : I believe so . I can ' t answer 13 that with a confident yes or no, but I believe so 14 back when we initially did this that Carsten 15 Engineering did stamp those footings . 16 CHAIRMAN HARKER: Do you know how high 17 the base would support? 18 MR. WEIS : 40 feet . 19 CHAIRMAN HARKER: And they ' re not going 20 to -- They' re not looking to get a 40-foot sign 21 approved now and then just put a 30-foot one up? 22 MR . WEIS : To my knowledge, yeah. I 23 don ' t know that there ' s been conversation to that 24 effect . Vitosh Ikep ortin Service 815. 993 .2832 cms.vitosh@gmail . com PZC - April 11, 2018 - Public Hearings 10 1 MS . DUBAJIC : There has not been any -- 2 This will do it . This -- Alex knows that this is 3 the request and there will not -- not anticipated 4 any further requests . 5 MR. OLSON : Are you going to be using 6 the uppermost materials, so you' re actually 7 taking off the ten-inch sleeves -- 8 MR. WEIS : Mm-hum. 9 MR. OLSON : -- putting an additional 10 section and then putting that back on? 11 MR. WEIS : Yes . This section -- this 12 section right here is concrete and available -- 13 MR. OLSON : Is it masonry or what -- 14 MR. WEIS : It ' s all an angle iron frame, 15 galvanized angle iron frame, and then it ' s clad 16 in a 125-gauge aluminum, so structural integrity 17 isn ' t a concern . It ' s not -- We don ' t have any 18 oil canning to the aluminum or anything like 19 that . The sign is what, 10 , 12 years old and 20 it ' s still beautiful . 21 That Dry-Vit tends to fade, the 22 finish on it tends to go away, so they actually 23 originally wanted to do that and I talked them 24 out of it . Tiitosh Reporting Service 815. 993 . 2832 cms .vitosh@gmail . com PZC - April 11, 2018 - Public Hearings 11 1 MR. OLSON : Hard to match, too . 2 MR. WEIS : Correct . Yes . 3 MR. VINYARD: I have a question here . 4 MR. WEIS : Sure . 5 MR. VINYARD : You have on your diagram 6 two-foot base, four-foot of masonry and two-foot, 7 eight inches before you start any of the body 8 intent of the sign . 9 MR. WEIS : Mm-hum. 10 MR. VINYARD: My question would be, 11 there is almost three feet at this bottom without 12 touching that masonry . 13 Could we maybe incorporate another 14 sign panel down there and say maybe only 15 increase the height of the overall sign by two 16 feet? 17 MR. WEIS : I think aesthetically -- or 18 from an engineering standpoint or structural 19 integrity standpoint, the answer is a solid yes . 20 Absolutely. 21 MR. VINYARD: Okay . 22 MR. WEIS : But the question would then 23 go back to aesthetics . What this drawing doesn ' t 24 show -- and it was because it was a late add -- Vitosh Deporting Service 815 . 993 .2832 cms.vitosh@gmail .com PZC - April 11, 2018 - Public Hearings 12 1 is there is an arch under here -- 2 MR. VINYARD : Yes . 3 MR. WEIS : -- that says Kendall 4 Marketplace . 5 MR . VINYARD : Correct . 6 MR. WEIS : You can see it on the photos 7 and the drawings . That says Kendall Marketplace 8 here . That can be taken out, the ornamental 9 decoration above that, but it ' s just a question 10 of aesthetics . 11 MR. VINYARD : Okay . 12 MR. WEIS : From a legibility standpoint, 13 from a viewing standpoint, it ' s not a question 14 how of how high can we get this thing, we want -- 15 we want to see it in Sandwich, it ' s just -- it 16 comes from a place of we want to put additional 17 tenants on it . 18 MR. VINYARD : I agree completely and 19 want to do everything we can to help accommodate 20 you here, but the overall height is concerning 21 to me, and I would love to see it go down some 22 more . 23 I understand the masonry and the 24 whole nine yards, but that was just my question, itosh Deporting Service 815 . 993 .2832 cms .vitosh@gmail . com PZC - April 11, 2018 - Public Hearings 13 1 is if that could drop the two feet, eight inches 2 to fit another sign in there -- 3 MR. WEIS : Sure . 4 MR. VINYARD : -- and then keep the 5 overall height down . 35 feet is high, and if 6 that -- I mean, you ' re asking for five feet, 7 seven inches , five feet, eight inches of 8 additional height, so that was just one of my 9 questions , if it was feasible -- 10 MR. WEIS : Sure . 11 MR. VINYARD : -- to incorporate that 12 two-foot, eight-inch part . 13 MR. WEIS : It is, and understand that 14 the bottom section is strictly aesthetic, it 15 provides no structural integrity to the sign at 16 all , so that can happen . 17 MR. VINYARD : Okay. 18 MR. WEIS : But again, it just goes back 19 to property aesthetics . 20 MR. VINYARD : Okay. Thank you. 21 MR. OLSON : How tall is the sign over at 22 47 and what ' s that road there right by the 23 townhouses, the movie theater? 24 MS . NOBLE : The movie crossing . That l2itosh Reporting Service 815. 993 .2832 cms.vitosh@gmail. com PZC - April 11, 2018 - Public Hearings - 14 1 sign is 31 feet, two inches . And this sign also 2 has base landscaping, so we were cognizant of 3 that when they asked for the height increase, not 4 to obscure any of the lower tenant signs . 5 MR. HORAZ : Could you lower the pillars 6 any, bring it down? 7 MR. OLSON : You ' re saying bring the 8 bottom down? 9 MR. HORAZ : Yeah, the bottom, the base . 10 MR . GOCKMAN : I guess for me, is it 11 easier just to lift the sign and put the insert 12 in or is it easier to kind of take out and go 13 down? 14 MR. WEIS : Much easier to take the top 15 off and slide another on . We ' re literally -- 16 it ' s like Legos . We ' re literally taking this 17 piece off, sliding another piece on, putting this 18 one back on and welding it all back together . 19 So to remove this masonry, it ' s just 20 that, it ' s removing masonry, it ' s removing 21 precast . It ' s more involved than the crane 22 picking up, crane setting it down. 23 CHAIRMAN HARKER: But you do have a lot 24 of space there . You know, I mean, looking at the fitosh Deporting Service 815. 993 .2832 cms.vitosh@gmail.com PZC - April 11, 2018 - Public Hearings 15 1 sign it ' s aesthetically very pleasing, it looks 2 very nice, but, you know, with a lot of the 3 feedback and stuff that you ' re getting, I mean, 4 you really kind of have almost seven feet down 5 there, you know what I mean? 6 You know, I look at it and I look at 7 the surrounding -- you know, the Rush-Copley 8 across the street . To me if it was 35 feet 9 versus 29 feet, I think it still fits in with 10 that area, you know, it ' s not -- I was just 11 thinking like if you really -- 12 MR. OLSON : ( Inaudible) . 13 CHAIRMAN HARKER: You know, looking at 14 the area around it, looking across the street, 15 you ' ve got the Rush-Copley Center, you know, Rush 16 Center, it ' s got the tower on it and that, and I 17 mean, I think at 35 feet it ' s -- it fits in fine . 18 It ' s not like you ' re putting a -- 19 MR. OLSON : It ' s not like we ' re putting 20 a 60-foot monstrosity out there . 21 CHAIRMAN HARKER : Right . Right . 22 MR. OLSON : Can anybody tell from theYY 23 ground the difference between 29 foot and 30 24 foot? liitosh Reporting Service 815. 993 . 2832 cms.vitosh@gmail .com PZC - April 11, 2018 - Public Hearings 16 1 CHAIRMAN HARKER: I would say it would 2 be hard to tell . 3 MR. OLSON : I don ' t think you would be 4 able to . 5 CHAIRMAN HARKER : What about -- 6 MR. WEIS : Lynn ' s asked me to talk a 7 little bit about the impact of adding this 8 five -- approximately five feet . 9 Once it ' s done -- in fact, this is 10 kind of why I did this here . Once it ' s done, 11 from the ground, there is very little difference 12 in how this will appear because we ' re looking up 13 at it . 14 You ' ve got zero obstructions 15 anywhere around it, and I ' m glad you made 16 reference to the Rush-Copley sign across the 17 street . 18 The Rush-Copley sign, the reason 19 that building was built with that tower in mind 20 was for it to be seen from eastbound and 21 westbound traffic on 34 , so, you know, to use a 22 word like precedence or legibility, you know, 23 this fits in all of those lanes . 24 MR. OLSON : It ' s not going to obstruct ritosh Deporting Service 815. 993 .2832 cms.vitosh@gmail .com PZC - April 11, 2018 - Public Hearings 17 1 our view of the mountains in Plano . 2 CHAIRMAN HARKER : Right . Right . 3 MS . HORAZ : Why are you taking off 4 the -- the trim off the top and making it flat? 5 MR. WEIS : Because if we did do that, 6 what we wanted to do was maintain the integrity 7 of the -- or the consistency of the tenant panels 8 down here . We ' ve got two-foot tenant panels down 9 here . 10 As sort of a compromise to the 11 increase in height, we reduced this one foot, 12 six-inch cornice at the top to just a four-inch 13 topper, so it allowed us to keep three, two-foot 14 panels on this side . Rather than saying -- you 15 know, going 36-foot, eight inches , or 36-foot, 16 six inches, we ' re going 35 feet . 17 CHAIRMAN HARKER : So if you kept the 18 other one, it would be what, 36? 19 MR. WEIS : 36, six . 20 CHAIRMAN HARKER : Okay. 21 MS . HORAZ : I actually think that one 22 looks better . 23 CHAIRMAN HARKER: I think it looks a lot 24 better, yeah . itosh Deporting Service 815. 993 . 2832 cms .vitosh@gmail .com PZC - April 11, 2018 - Public Hearings 18 1 MR. OLSON : The old one or the new one? 2 MS . HORAZ : The old one . 3 MR. WEIS : The tops . 4 CHAIRMAN HARKER : Put the old top on the 5 new sign . Right . 6 MR. OLSON : Is there any architectural 7 standards they have to meet? 8 MS . NOBLE : Aside from some of the 9 material, this was a PUD, so they were already 10 grandfathered in the type of sign that they have . 11 MS . HORAZ : I think that one looks 12 better . 13 MR. WEIS : The top of the old one? 14 CHAIRMAN HARKER: Yeah. 15 MR. WEIS : I can ' t disagree . It ' s a 16 nice curved feature . 17 MS . DUBAJIC : But that will make it 18 taller . 19 MR. WEIS : But it makes it 36 feet -- 20 over 36 feet tall . 21 CHAIRMAN HARKER : There ' s not going to 22 be an airport over there . 23 MR. WEIS : Correct . And nobody is 24 arguing at 36 feet tall because the footings are fitosh Reporting Service 815. 993 . 2832 cms.vitosh@gmail .com PZC - April 11, 2018 - Public Hearings 19 1 engineered for it . It can take the wind load 2 factors and it can take the steel that ' s inside 3 the sign; it was merely done in an effort to try 4 to raise this sign the least amount of height as 5 possible . 6 MS . HORAZ : It doesn ' t look as nice . 7 MR. WEIS : So that said, we ' ll go ahead 8 and add it back in . 9 CHAIRMAN HARKER: I would say yes . I 10 mean, if we ' re going to vote on raising it up, 11 let ' s raise it up, or not . If we ' re going to do 12 it, I would say, you know, can we put that in as 13 a condition? 14 MS . NOBLE : No, you have to republish 15 because the publication was for a maximum of, you 16 know, 35 feet, approximately 35 feet, so to 17 increase it -- 18 CHAIRMAN HARKER : They would -- 19 MS . NOBLE : They would have to come 20 back. 21 MR. WEIS : And that couldn ' t be 22 construed as a condition of approval? 23 MS . NOBLE : That it would be higher? 24 MR. WEIS : Right . itosh Reporting Service 815. 993 . 2832 cms.vitosh@gmail. com PZC - April 11, 2018 - Public Hearings 20 1 MS . NOBLE : That it would be higher? 2 No, I don ' t think so, not because of the way it 3 was published. 4 What we could do is we could impose 5 conditions that would require you to do more to 6 limit the impact, but we couldn ' t do conditions 7 so that you could extend the height . We can 8 forward it with the recommendation . 9 MR. WEIS : Could it be worded in such a 10 manner that the sign, portion of the sign, cannot 11 exceed 35 feet? 12 MS . NOBLE : Yes . 13 CHAIRMAN HARKER : There we go . 14 MS . NOBLE : Then that would -- that 15 would fit the criteria of what we published for, 16 the design, the options . It would have to be 17 consistent . 18 MR. VINYARD: So the overall height of 19 the sign would be over 35 feet? 20 MS . NOBLE : No, it would not -- would 21 not exceed 35 feet as we published . 22 MR. WEIS : Well, that ' s what I was 23 suggesting . Could we state it in such a way that 24 only the signs, Home Depot, Target, whatever -- Iiitosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail .com PZC - April 11, 2018 - Public Hearings 21 1 whatever this tenant is, could not exceed 2 35 feet, any ornamental fabrication could be 3 outside of that? 4 MR. OLSON : Just don ' t put gargoyles up 5 there . 6 MR. WEIS : Right, no gargoyles . 7 MS . DUBAJIC : So we ' re saying the 8 cornice as it is to be reused, so now it ' s going 9 to be even taller? 10 MS . NOBLE : No . Just to prevent an 11 increase in overall sign height . 12 MR. OLSON : Can we just vote on what it 13 is and get that reworded and then if they want to 14 go come back, we ' ll -- 15 MS . NOBLE : You can -- 16 CHAIRMAN HARKER : If we vote on it, it ' s 17 going to be what you see as a new proposed 18 version . 19 MS . NOBLE : Unless you decide you have 20 to have a cornice, but the overall height is not 21 to exceed 35 feet . 22 CHAIRMAN HARKER: So 35 feet with a 23 cornice, so then they ' re just going to have to be 24 a little bit more creative on their -- I2itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com PZC - April 11, 2018 - Public Hearings 22 1 MS . NOBLE : The signs . 2 CHAIRMAN HARKER : -- signs . 3 MS . NOBLE : Or they have to come back. 4 CHAIRMAN HARKER : Yeah . 5 MS . HORAZ : I just don ' t like that top. 6 The cornice makes it look so much -- 7 CHAIRMAN HARKER : I have a question for 8 you . What was -- The sign of the Target and Home 9 Depot, do you know currently what the height it 10 is on their sign? 11 Because it ' s going to go to six, 12 ten, but what was the initial -- what ' s out there 13 now, do you know? 14 MR. VINYARD: Seven foot by 49 . 15 MS . NOBLE : Yeah, overall height -- 16 MR. WEIS : The size of their panel or 17 the height of -- 18 CHAIRMAN HARKER : The panel . 19 MR. WEIS : Yeah, right now they ' re seven 20 feet tall . 21 CHAIRMAN HARKER : Oh, that ' s right . 22 That ' s not changed, that ' s just moving . I 'm 23 sorry. 24 MR. WEIS : Right . itosh (Reporting Service 815. 993 .2832 cms .vitosh@gmail .com PZC - April 11, 2018 - Public Hearings 23 1 CHAIRMAN HARKER: Okay. 2 MR. WEIS : We ' re not going to mess with 3 that portion of the sign . 4 And at this point then, all due 5 respect to Deborah, and I am big time an 6 aesthetic guy, I think that things need to be 7 beautiful and they have to be high standards of 8 quality. 9 But with a sign going up five feet 10 in height, if we look at this real world photo 11 here, whereas the cornice does provide detail, 12 the intent of the sign is to draw the eye to the 13 tenants of the development, so I may suggest that 14 if a vote can be put forward, it would be put 15 forward at -- to approve the 35-foot height with 16 the understanding that we may come back as the 17 property owner and ask for the cornice, that I 18 will then save and not destroy and maybe come 19 back and ask for the ability to add it on, but 20 not to -- in the interim, not to deter the new 21 tenant from coming into the space . 22 MS . DUBAJIC : Yes . Yes . 23 MR . VINYARD : I have a question . The 24 bottom, the added panels you ' re putting in, are Iiitosh Reporting Service 815. 993 . 2832 cms.vitosh@gmail . com PZC - April 11, 2018 - Public Hearings 24 1 those going to be there for three tenants or for 2 six tenants? 3 MR. WEIS : Right now -- 4 CHAIRMAN HARKER: Or one . 5 MR. WEIS : I ' m sorry? 6 CHAIRMAN HARKER: Or one . 7 MR. WEIS : Right . That could be one 8 tenant . 9 MS . DUBAJIC : Yes . 10 MR. VINYARD: Okay . 11 MR. WEIS : That could be six tenants and 12 that could be even more tenants . 13 The way we ' ve got it set up now is 14 that for sort of user friendliness, so, you know, 15 if Dick' s Sporting Goods come in and they break 16 their lease in half, now they ' re only occupying X 17 amount of space, they only get half a panel, but, 18 you know, if they expand their space, you know, 19 they can get, you know -- 20 CHAIRMAN HARKER: The spot if they want . 21 MR. WEIS : It ' s kind of like Home Depot 22 and Target . I don ' t see there being a Home Depot 23 and Target sized panel . 24 MR. VINYARD: Has this mystery retailer Vitosh Reporting Service 815. 993 . 2832 cms .vitosh@gmail. com PZC - April 11, 2018 - Public Hearings 25 1 who could possibly be building, have they 2 requested a certain size? 3 MR. WEIS : Yes . 4 MS . DUBAJIC : Yes . Yes . 5 MR. VINYARD: They have? Okay. 6 MS . DUBAJIC : And they requested to be 7 on both signs as well, just like Target . 8 MR. VINYARD : Do you know out of those 9 monuments how many signs are vacant right now? 10 MS . DUBAJIC : Not too many. 11 MR. WEIS : Yeah . 12 MS . HORAZ : Just the little ones . 13 MS . NOBLE : There is a current picture . 14 CHAIRMAN HARKER: Three on one and two 15 on another . 16 MS . DUBAJIC : The lower ones . 17 MR . VINYARD : Yeah, right . 18 MR . WEIS : And that ' s not because there 19 is -- of the vacant space . There are tenants 20 that can occupy these . I think that Mr . Berman 21 was just kind of waiting to see how this was 22 going to play out before he mobilized myself or 23 some sign company to reface the signs and give 24 everybody their tenant ' s -- the specific spaces 2itosh Reporting Service 815. 993 . 2832 cms.vitosh@gmail . com PZC - April 11, 2018 - Public Hearings 26 1 on the sign . 2 CHAIRMAN HARKER: That ' s why I was 3 asking earlier if the base would hold a 40-foot 4 sign or 50-foot sign or whatever, you know, 5 because currently I don ' t -- you couldn ' t put all 6 your tenants on that sign right now. 7 MR. OLSON : That ' s a good point, Randy. 8 MR. WEIS : And I don ' t think the 9 intention -- Mr . Berman ' s intention is to do 10 that . 11 CHAIRMAN HARKER : Okay. 12 MS . DUBAJIC : Right . 13 MR. WEIS : Because when that happens , 14 you get like crayon boxes . 15 MR. OLSON : The alternate would be -- 16 CHAIRMAN HARKER: Right . 17 MR. OLSON : -- we don ' t allow them to 18 have it and they have to build a new monument 19 sign with tenants . 20 MS . HORAZ : Well , I think they are 21 looking at a shorter monument sign . 22 MS . NOBLE : You mean the outlots . The 23 outlots would be allowed to have a ground sign. 24 MR . WEIS : That ' s allowed for a PUD. Vitosh Deporting Service 815. 993 .2832 cms .vitosh@gmail.com PZC - April 11, 2018 - Public Hearings 27 1 MS . DUBAJIC : This tenant is an inline 2 tenant and this tenant has a very specific sign 3 and has requested to be on both signs like the 4 same caliber, you know, or -- you know, what you 5 see with Home Depot, Kohl ' s and Target, so that 6 is what they ' ve requested . That is what prompted 7 all of this . 8 MS . HORAZ : Is there any brick? 9 MR. WEIS : The two columns are precast . 10 MS . HORAZ : So you can' t take out a few 11 bricks and still put the cap on the top? 12 MR. WEIS : Well, I mean, we could, it ' s 13 just -- 14 MR. VINYARD : I would rather them take 15 the bricks out and use for signage and reduce the 16 overall height . 17 CHAIRMAN HARKER: Well, the one thing -- 18 I was thinking about that, too, when I was 19 looking at the packet, was by dropping it down, 20 and based upon -- like let ' s say all these 21 outlots are filled with buildings and now they 22 each have their own sign . 23 I mean, it ' s going to get -- I think 24 it ' s going to get crazy like cramped going down Vitosh Reporting Service 815. 993 . 2832 cms .vitosh@gmail. com PZC - April 11, 2018 - Public Hearings 28 1 the street looking at it . 2 MR. OLSON : If you take out the masonry 3 at the bottom, you are also taking out the 4 Kendall Marketplace ornate signage there, and we 5 just spent the last six months talking about 6 branding, how we want to have these signs 7 everywhere to kind of tell you what this area is , 8 and that ' s branding in the Kendall Marketplace, 9 so I don ' t want to take that out . 10 I would much rather put five foot on 11 top than take out the feature at the bottom. 12 MS . DUBAJIC : Just in my opinion, the 13 bottom portion of the sign is aesthetically more 14 appealing than the top cornice, so to me -- this 15 is just my personal opinion . If I was going to 16 look at this and change something, I would leave 17 the bottom. The bottom has got the brick, it ' s 18 got where the -- 19 MR. VINYARD: It is nice . 20 MS . DUBAJIC : You know, I wouldn' t mess 21 with that . If you had to let something go -- 22 that was the -- When we sat down to kind of 23 brainstorm on this , that was the original 24 thought, was, well, you have to take something 12itosh Deporting Service 815. 993 . 2832 cms.vitosh@gmail . com PZC - April 11, 2018 - Public Hearings 29 1 away, you ' d rather take away the top, where does 2 anybody really look up there? 3 You know, you ' re driving by, you 4 want to see oh, yeah, there ' s Target over there, 5 so -- and, again, remember, too, that the signs 6 are at the corner of Beecher and 34 and then at 7 the main entrance of the center, not at 8 Cannonball and 34 , so -- and I think that the 9 other features with the Kendall Marketplace and 10 the brick is far more aesthetically -- and 11 probably has more value, cost value . 12 MR. WEIS : What she said . 13 CHAIRMAN HARKER: Does anybody else have 14 any other questions right now? 15 No response . ) 16 CHAIRMAN HARKER : Okay. Thank you . 17 Is there anybody present that would 18 like to speak in favor of the request? 19 No response . ) 20 CHAIRMAN HARKER : Anybody present that 21 would like to oppose the request? 22 No response . ) 23 CHAIRMAN HARKER : Okay. Then we ' ve 24 already asked our questions . We went out of itosh Deporting Service 815. 993 . 2832 cms .vitosh@gmail .com PZC - April 11, 2018 - Public Hearings 30 1 order, so that ' s okay . 2 MS . NOBLE : Yes . 3 MR. OLSON : Sorry. 4 CHAIRMAN HARKER : So let ' s move on to 5 the next item on our agenda, which is PZC 6 2018-03, United City of Yorkville, petitioner, 7 has filed an application with the United City of 8 Yorkville, Kendall County, Illinois, requesting a 9 text amendment approval for revisions to 10 Section 11-8-2 of the Subdivision -- I ' m sorry, 11 Subdivision Control Ordinance related to escrow 12 deposits for engineering review fees . 13 MS . NOBLE : Okay . So since this is -- 14 hired on our engineering consultant in about 15 2012 , a project that did not prepay their 16 engineering review and construction services for 17 an administration fee at the time of final plat 18 were then billed on an hourly basis for 19 engineering services that they received . 20 MR. OLSON : When they were in-house? 21 MS . NOBLE : Correct . When they were 22 in-house it was part of a flat fee you would pay 23 and take care of everything . Now -- 24 MR. OLSON : Now it ' s outsourced . Uitosh Reporting Service 815. 993 . 2832 cms .vitosh@gmail .com PZC - April 11, 2018 - Public Hearings 31 1 MS . NOBLE : Correct . Now that we 2 outsource that fee, that ' s a direct cost to the 3 City, so any time spent on planning between Jason 4 and I or the Building Department we are not 5 charging, but anything that we are charging on an 6 hourly basis for any engineering reviews or from 7 our consultant we charge out to the applicant, 8 whether that ' s part of the building permit 9 process or development approval process , and over 10 the years we ' ve had sporadic complaints about the 11 fees, so recently we received a written letter 12 from a developer to myself, the city 13 administrator and the mayor, asking that we 14 review how that process is conducted, how we 15 collect those fees, and see if there is anything 16 that we can do to make the fee structure more 17 transparent on how we charge these fees . 18 So currently we have ordinances in 19 place that address the engineering review 20 portion, so that ' s when an applicant submits 21 plans and our engineer has to do his review, he 22 charges on an hourly basis . 23 Then we have what ' s called the 24 administrative and inspection fee portion where iitosh Reporting Service 815 . 993 .2832 cms.vitosh@gmail .com PZC - April 11, 2018 - Public Hearings 32 1 after the review has been approved and completed, 2 then on-site construction happens and we have the 3 engineer go out there as well as the building 4 department to construct -- to inspect the 5 construction that ' s happening within the public 6 way or to any of our public infrastructures . 7 So how we define those fees , because 8 we don ' t know what time is going to be involved 9 with our engineer to review the fees or what we 10 would come across during a site inspection, we 11 ask for a deposit . 12 Right now our deposits are 13 artificially low. In the packet you will see how 14 we compare to other communities and 15 municipalities on Page 5 . 16 MR. OLSON : What page is it . 17 MS . NOBLE : Page 5, Page 5 . We looked 18 at several communities, and our fees are one of 19 the lowest, if not the lowest . 20 The issue is our initial deposit is 21 at $1 , 000 . What happens if we ' re billing at $167 22 an hour -- 23 MR. OLSON : You use it up pretty darn 24 fast . itosh Deporting Service 815. 993 . 2832 cros.vitosh@gmail .com PZC - April 11, 2018 - Public Hearings 33 1 MS . NOBLE : -- it eats it up really 2 fast, so then what I ' ve been doing, because every 3 month I do an account reconciliation, I say I 4 need more money to continue the project, and that 5 is the crux of why everybody is complaining, 6 because it seems like I ' m coming to them every 7 month asking them. They can ' t gauge how much 8 money they need to spend on this soft cost of 9 doing development . 10 So what we ' re suggesting is that we I1 do a couple of things : One, we increase that 12 initial deposit so that it ' s more in line with 13 other communities, so it based off space, so if 14 you ' re doing less than an acre of development, 15 we ' re asking for $5, 000 of deposit . 16 If you ' re doing more than an acre 17 but less than ten acres, we ' re asking for 18 10 , 000 . That ' s up from our original of a 19 thousand for less than an acre and 2500 for 20 anything between an acre and ten acres, and then 21 it goes up to $25, 000 as opposed to $20 , 000, 22 where we are now, so that will alleviate that 23 first -- that should cover rather the first round 24 of review, plan review, and comments . itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail .com PZC - April 11, 2018 - Public Hearings 34 1 Then after that we are going to 2 provide an estimate for the developers, and 3 typically that estimate, when we looked at 4 projects that were complete or in various stages 5 of completion on Pages 2 through 3, which shows 6 that the range for those -- and percentage based 7 off of what the approved engineering estimated 8 costs for completion of the project ranges 9 between three and a half and five and a half 10 percent . 11 Right now we ' ve been asking for the 12 deposit and we ' ve been telling -- kind of gauging 13 it off three and a half percent and we ' re coming 14 in low, and so then we have to ask for more . 15 So we ' re going to give an estimate 16 of about five percent so that they can gauge 17 better on how those soft costs will affect their 18 overall cost of development . 19 They can choose to pay the five 20 percent upfront, understanding it ' s a deposit, so 21 depending on how well their plans are that they 22 provide to us or how well construction goes 23 on-site, that they should be within that range, 24 but be cautious that it could go up . fitosh Reporting Service 815 . 993 .2832 cros.vitosh@gmail .com PZC - April 11, 2018 - Public Hearings 35 1 MR. OLSON : And anything they don ' t 2 spend is refunded? 3 MS . NOBLE : Correct . Anything that is 4 not spent is then refunded back to the 5 developer . So that ' s the basis of this 6 discussion tonight . 7 The reason why it requires a public 8 hearing is because any changes that we do in the 9 Subdivision Control Ordinance and any fees that 10 we are implementing, we want them codified, 11 because right now we ' re dealing with one set 12 that ' s codified and one that ' s a resolution, and 13 people are like where are you getting these fees, 14 well, it ' s a resolution, it ' s not within our 15 code, so we want everything as transparent as 16 possible in the code, so if you have any 17 questions for me on specific projects, I did -- I 18 wanted to let you know that in addition to the 19 public notice that we put in the paper, I 20 personally invited all the developers who had 21 development projects between -- over the last 22 year and a half to come to the public hearing, so 23 they are aware of this as well . 24 Our city engineer can provide you Uitosh Reporting Service 815. 993 . 2832 cms .vitosh@gmail.com PZC - April 11, 2018 - Public Hearings 36 1 with more details on why some projects, you know, 2 came in under estimate and why some were way 3 over . 4 MR. OLSON : I guess I don ' t care if a 5 project comes in over an estimate or under 6 estimate ; the only thing I care is the City is 7 fully able to charge for all the billable hours . 8 They have the nice spreadsheet here 9 that shows that EDI has the lowest average 10 billable rate, which is nice, but I am in 11 construction and I understand that just because 12 you ' re the lowest billable rate doesn ' t 13 necessarily mean that you also have the lowest 14 total, right? Sometimes a low billable rate plus 15 five hours is a higher billable rate than if it 16 was two hours . 17 As long as EDI ' s review hours are 18 consistent with other, you know, engineering 19 companies in the area, there is no reason not to 20 continue . 21 As long as the costs are covered, 22 your down payment makes total sense, that five 23 percent estimate . That ' s a good way for 24 developers and contractors to gauge how much Vitosfi Deporting Service 815 . 993 .2832 cms .vitosh@gmail. com PZC - April 11, 2018 - Public Hearings 37 1 they' re going to spend, and that ' s fine, and 2 we ' re not on the hook for anything in 3 addition -- 4 MS . NOBLE : Correct . 5 MR. OLSON : -- which is my greatest 6 fear, as long as costs are covered 100 percent . 7 Is the reason why your guy ' s isn ' t included in 8 that is because of the taxes or -- 9 MS . NOBLE : Correct . There are some 10 communities that do charge for our services . At 11 one point there was a request to the City 12 Council, they didn ' t want to do that, and I don ' t 13 think it ' s necessary. 14 MR. OLSON : I see emails every once in 15 awhile, the crazy fees across the Chicagoland 16 area . I think Yorkville ' s are low across the 17 board. 18 I don ' t think any developer is going 19 to come in here and say oh, I 'm not going to 20 build this because of a half a percent difference 21 or a deposit . That ' s just ridiculous . 22 Just like I wouldn ' t go to a town 23 and say I 'm not going to do this job because 24 you ' re at five percent . It ' s just the cost of liitosh Reporting Service 815. 993 . 2832 cms.vitosh@gmail .com PZC - April 11, 2018 - Public Hearings 38 1 doing business . So as long as Yorkville is 2 covered and is responsible, I have no problem 3 with it at all . 4 CHAIRMAN HARKER : Any other questions we 5 have right now? What I would like to do is move 6 on to the in favor and let ' s finish this other 7 part up and deliberate . 8 So do we have anybody that ' s in 9 favor -- that ' s present that ' s in favor or like 10 to speak on this request being heard? 11 No response . ) 12 CHAIRMAN HARKER: How about anybody 13 that ' s opposed to this request being heard? 14 No response . ) 15 CHAIRMAN HARKER: No? Fantastic . 16 Moving on then to the third item on our public 17 hearing agenda, PZC 2018-05 , McCue Builders, 18 Inc . , petitioner, has filed an application with 19 the United City of Yorkville, Kendall County, 20 Illinois , requesting amendments to the Kendall 21 Marketplace Planned Unit Development Agreement to 22 permit a revision to Article III of said 23 agreement regarding the design standards for new 24 construction residential lots within the Kendall 1)itosh Reporting Service 815. 993 .2832 cms.vitosh@gmail .com PZC - April 11, 2018 - Public Hearings 39 1 Marketplace development . 2 The real property is located -- or 3 is generally located north of U . S . 34 and west of 4 Cannonball Trail, immediately north of Blackberry 5 Shore Lane in Yorkville, Illinois . 6 Petitioner, are you ready? 7 MR. McCUE : I take it all of you have 8 the -- 9 CHAIRMAN HARKER : State your name, 10 please . 11 WILLIAM McCUE, 12 having been first duly sworn, testified from the 13 podium as follows : 14 MR. McCUE : William McCue, owner of 15 McCue Builders . 16 So I take it you all have the copy 17 of the -- what I 'm proposing as the new 18 standards? 19 CHAIRMAN HARKER : Yes . Yes . 20 MR. McCUE : Looking at these standards, 21 these standards are much more stringent than any 22 other subdivision that, I even know that ' s in the 23 City of Yorkville . 24 Heartland Circle, Heartland, Country itosh Reporting Service 815. 993 .2832 cros.vitosh@gmail . com PZC - April 11, 2018 - Public Hearings 40 1 Hills, Greenbriar, Prairie Meadows, River ' s Edge, 2 none of them have restrictions as tough I guess 3 as what I am even proposing . 4 What is proposed for the subdivision 5 now is basically covenants that I ' ve never seen 6 in any subdivision anywhere, and basically it ' s 7 calling for cedar siding, which we haven ' t used 8 cedar siding in 15 years , so basically, you know, 9 I put a list together of things that I think, you 10 know, that will still make our houses a lot nicer 11 than most of the homes being built in the area . 12 So, you know, we have architectural 13 shingles, you know, porches on every house . I 14 heard the comments from the first meeting we were 15 at, you know, that there ' s houses being built in 16 Yorkville now and they can ' t tell what side is 17 the front because there ' s just, you know, no 18 detail to the homes . 19 It ' s not like we ' re trying to come 20 in here and build cheap homes , we still plan on 21 building quality homes and we just want to have 22 nice architectural fronts . 23 Some of the stuff might not even 24 make sense to some of you, but the pitches of the T2itosh Deporting Service 815. 993 . 2832 cms.vitosh@gmail . com PZC - April 11, 2018 - Public Hearings 41 1 roofs are just something that adds a lot of 2 integrity to the front of the home, and having 3 steeper pitches, it costs us a little bit more, 4 but it helps us sell homes , so I don ' t know if 5 anybody has any questions on this list . 6 MR . OLSON : Do you have any other 7 examples? 8 CHAIRMAN HARKER: Yes . Let ' s take that 9 until -- we ' re going to go right to it pretty 10 quick, but just hold on to that . 11 I think that ' s good. I mean, 12 looking at it, it looks very good, but if you 13 don ' t have anything else, then let ' s see if we 14 have in favor or opposed real quick, okay? 15 MR. McCUE : Okay . 16 CHAIRMAN HARKER : Okay. Is anybody 17 present that would like to speak in favor of this 18 request that ' s being heard? 19 No response . ) 20 CHAIRMAN HARKER: Opposed? 21 No response . ) 22 CHAIRMAN HARKER : No? Okay . Awesome . 23 Questions for you, Bill . Go ahead, Jeff . 24 MR. OLSON : You said the cedar siding . liitosh Reporting Service 815. 993 . 2832 cms .vitosh@gmail .com PZC - April 11, 2018 - Public Hearings 42 1 What other things are they asking for that are 2 out of bounds? 3 MR. McCUE : So right now it basically 4 calls for 75 percent of the front to be brick or 5 stone, and then for premium siding it has 6 basically stone, brick or cedar for the siding. 7 MR. OLSON : That ' s the only option? 8 MR. McCUE : That ' s the only options . 9 You know, we ' re building homes, you know, in 10 pretty much all your subdivisions in Yorkville 11 you are not allowed to use vinyl siding . You 12 know, in Oswego, we ' re in quite a few 13 subdivisions there, you can use vinyl siding . 14 You know, what ' s changed in the last five years, 15 you know, beginning of Heartland when we started 16 working in there, probably 2000, 2003, you know, 17 most of your homes were all brick fronts , but 18 that ' s kind of outdated right now . 19 Any time you see a new home go up 20 and it ' s all brick, to me it looks old. This 21 Craftsman style is very popular and it really 22 costs more to do these craftsman-style fronts 23 with these full porches, these pillars, you know, 24 the -- I don ' t know if you can tell from the Vitosh Reporting Service 815. 993 .2832 cms .vitosh@gmail . com PZC - April 11, 2018 - Public Hearings 43 1 pictures , but we do these pillars that are three 2 feet high, two by two with stone, just a lot of 3 detail to them, but with doing that and the shake 4 siding and batten board siding on the front of 5 the homes, it ' s just the new look . 6 CHAIRMAN HARKER : Yeah. Driving through 7 a subdivision in which you are proposing looks 8 nicer than 95 or 100 percent of what is currently 9 there, so . . . 10 MR. OLSON : So these proposed new design 11 standards are only for the houses that go up on 12 this -- 13 MS . NOBLE : Correct . This is part of 14 the PUD for Kendall Marketplace . It only affects 15 the single family lots . There are some townhome 16 lots that are for sale, but it would not affect 17 that . 18 CHAIRMAN HARKER : Are the like 19 elevations that you' re showing here, are these 20 the only ones that are going to be available or 21 will you do little -- put the garage on the side 22 kind of stuff? 23 MR. McCUE : Yeah . 24 CHAIRMAN HARKER : We ' re not going to get 2itosh Reporting Service 815. 993 . 2832 cms.vitosh@gmail . com PZC - April 11, 2018 - Public Hearings 44 1 a different product than -- 2 MR. McCUE : We will build -- I mean, we 3 have probably 20 different floor plans, but we ' ll 4 modify any of them. I could have brought ten 5 elevations that is the exact same house and line 6 them up, you wouldn ' t recognize them, but, you 7 know, our intention is to -- you know, in the 8 covenants there is nothing about -- what do I 9 want to say, the houses so they don ' t look alike, 10 but -- 11 MS . NOBLE : Monotony. 12 MR. McCUE : Yeah, monotony. But my goal 13 is when I sell a house, I mean, I don ' t want to 14 build the exact same house with the same front 15 right next to it . You know, if we build the same 16 house, we ' d change the main roof, you know, 17 porch, windows , again, so you wouldn ' t recognize 18 it . 19 In this subdivision here there ' s 20 20 lots that are in a row, there ' s nothing across 21 the street, so it ' s not like you ' re building a 22 house across the street that ' s going to look 23 similar . 24 MS . GOINS : How about colors? itosIi Reporting Service 815 . 993 . 2832 cms.vitosh@gmail . com PZC - April 11, 2018 - Public Hearings 45 1 MR. McCUE : Pardon? 2 MS . GOINS : Colors . 3 MR. McCUE : Colors for the homes? So I 4 mean, right now with your vinyl siding there is 5 probably at least 30 different colors, you know, 6 that can be built . 7 You know, right now your bright 8 colors, I mean, you know -- well, dark blues are 9 real popular, grays, you know. Right now there ' s 10 probably five different colors of gray, but, you 11 know, ten years ago every house was probably 12 taupe, you know, now they' re dark blue . 13 We ' ve got four houses going that are 14 white, you know, white is real popular now, this 15 batten board siding, it ' s just stuff that runs 16 vertical, it ' s just a different look, but that ' s 17 real popular right now, so again, what we ' ll be 18 building there will be something different than 19 really what ' s in Yorkville now. 20 In Blackberry Woods we ' ve got a 21 couple we ' ve built in the last two years that ' s 22 Craftsman style, you know, with porches and 23 shutters . 24 And, you know, when I say shutter, itosh Reporting Service 815. 993 . 2832 cms .vitosh@gmail .com PZC - April 11, 2018 - Public Hearings 46 1 it ' s not a vinyl shutter, you know, it ' s a 2 shutter that we make out of wood. They are 3 Craftsman style, you know. They' re neat 4 looking . 5 CHAIRMAN HARKER : Okay. 6 MS . HORAZ : So are there any other types 7 of siding that you would be using? 8 MR. McCUE : So vinyl would probably be 9 our standard . If somebody wanted to upgrade to 10 something, we would go to a Hardie board product, 11 so it ' s a maintenance free, so some subdivisions 12 that did require cedar, you know, allow people to 13 use the Hardie board, but that would be the next 14 grade up from there, so there will be some brick, 15 stone, you know, vinyl, then the shake siding 16 again can be made of the vinyl or the Hardie 17 board product . 18 We have a home sold right now 19 that -- it ' s -- it will probably end up closing 20 at like 375 . It ' s a 2700-square foot home, but 21 the people are adding a lot of detail, a lot of it . It ' s not know,custom stuff toyou a cookie 23 cutter . 24 MR. GOCKMAN : These requests are just Vitosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail .com PZC - April 11, 2018 - Public Hearings 47 1 for the single family homes? 2 MS . NOBLE : Correct . 3 MR. GOCKMAN : So these stricter 4 guidelines will still be applied to the townhomes 5 whenever they are built? 6 MS . NOBLE : Whatever the existing is for 7 it to apply . 8 MR. GOCKMAN : Just for this . 9 CHAIRMAN HARKER: Just for that strip, 10 yep . Okay. Any other questions? 11 No response . ) 12 CHAIRMAN HARKER: Okay. Seeing there is 13 none, can I get a -- can I get a motion to 14 close -- stop taking the testimony of the public 15 hearing portion of tonight ' s meeting? 16 MR. VINYARD: So moved . 17 MS . HORAZ : Second . 18 CHAIRMAN HARKER : Roll call vote on the 19 motion, please? 20 MS . YOUNG: Olson . 21 MR. OLSON : Yes . 22 MS . YOUNG: Vinyard . 23 MR. VINYARD : Yes . 24 MS . YOUNG : Gockman . Vitosh Deporting Service 815. 993 .2832 cms .vitosh@gmail . com PZC - April 11, 2018 - Public Hearings 48 1 MR. GOCKMAN : Yes . 2 MS . YOUNG : Goins . 3 MS . GOINS : Yes . 4 MS . YOUNG : Horaz . 5 MS . HORAZ : Yes . 6 MS . YOUNG : Harker . 7 CHAIRMAN HARKER : Yes . 8 The motion is approved, so the 9 public hearing portion is closed . 10 Which were all the 11 proceedings had in the 12 public hearing portion 13 of the meeting . ) 14 000--- 15 16 17 18 19 20 21 22 23 24 Jiitosh Reporting Service 815. 993 . 2832 cms.vitosh@gmail .com PZC - April 11, 2018 - Public Hearings 49 1 STATE OF ILLINOIS ) SS . 2 COUNTY OF LASALLE ) 3 I, Christine M. Vitosh, a Certified Shorthand 4 Reporter, do hereby certify that I transcribed 5 the proceedings had at the public hearing and 6 that the foregoing, Pages 1 through 49, 7 inclusive, is a true, correct and complete 8 computer-generated transcript of the proceedings 9 had at the time and place aforesaid . 10 I further certify that my certificate annexed 11 hereto applies to the original transcript and 12 copies thereof, signed and certified under my 13 hand only. I assume no responsibility for the 14 accuracy of any reproduced copies not made under 15 my control or direction . 16 As certification thereof, I have hereunto set 17 my hand this 29th day of April, A. D . , 2018 . 18 19 20 Christine M. Vitosh, CSR Illinois CSR No . 084-002883 21 22 23 24 Vitosh Deporting Service 815. 993.2832 cros.vitosh@gmail.com 50 PZC - April 11, 2018 - Public Hearings 21:22 adding[4]-5:14, anticipated[1]-10:3 26:9 35-foot[1]-23:15 7:19,16:7,46:21 appealing[1]-28:14 better[4]-17:22, 36[5]-17:18, 17:19, addition[2]-35:18, appear[1]-16:12 17:24, 18:12,34:17 1,000[1]-32:21 18:19, 18:20, 18:24 37:3 applicant[2]-31:7, between[s]-7:3, 10,000[1]-33:18 36-foot[2]-17:15 additional[3]-10:9, 31:20 15:23,31:3,33:20, 167[1]-32:21 375[1]-46:20 12:16, 13:8 application[3]-5:8, 34:9,35:21 20,000[1]-33:21 address[1]-31:19 30:7,38:18 big[1]-23:5 25,000[1]-33:21 4 adds[1]-41:1 applied[1]-47:4 bigger[1]-8:12 5,000[1]-33:15 administration[1]- applies[1]-49:11 Bill[2]-2:6,41:23 30:17 apply[1]-47:7 billable[5]-36:7, 40[1]-9:180 administrative[1]- approval[3]-19:22, 36:10,36:12,36:14, 40-foot[2]-9:20,26:3 31:24 30:9,31:9 36:15 47[1]-13:22 administrator[1]-approve[1]-23:15 billed[1]-30:18084-002883[1]-49:20 49[2]-22:14,49:6 31:13 approved[4]-9:21, billing[1]-32:21 1aesthetic[2]-13:14, 32:1,34:7,48:8 bit[3]-16:7,21:24, 5 23:6 April[2]-1:19,49:17 41:3 aesthetically[4]-arch[1]-12:1 Blackberry[2]-39:4, 1[1]-49:6 5[3]-32:15,32:17 11:17, 15:1,28:13, architectural[3]- 45:20 10[1]-10:19 50-foot[1]-26:4 29:10 18:6,40:12,40:22 blue[1]-45:12 100[2]-37:6,43:8 aesthetics[3]-11:23, area[s]-15:10, 15:14, blues[1]-45:8 11[1]-1:19 6 12:10,13:19 28:7,36:19,37:16, Board[1]-3:10 11-8-2[1]-30:10 affect[2]-34:17, 40:11 board[s]-37:17, 12[1]-10:19 43:16 arguing[1]-18:24 43:4,45:15,46:10, 125-gauge[1]-10:16 60-foot[1]-15:20 affects[1]-43:14 Article[1]-38:22 46:13,46:17 15[1]-40:8 aforesaid[1]-49:9 artificially[1]-32:13 body[1]-11:7 7 agenda[3]-3:5,30:5, aside[1]-18:8 bottom[io]-11:11, 2 38:17 assume[1]-49:13 13:14, 14:8,14:9, ago[1]-45:11 attempt[1]-9:7 23:24,28:3,28:11, 731[1]-5:17 agreea 12:18 75[1]-42:4 g Aurora[2]-6:8,7:10 28:13,28:17 2[1]-34:5 agreed[1]-7:2 available[2]-10:12, bounds[1]-42:2 20[z]-44:3,44:19 795[1]-5:17 Agreement[1]-38:21 43:20 box[1]-6:11 2000[1]-42:16 7:00[1]-1:20 agreement[1]-38:23 average[1]-36:9 boxes[1]-26:14 2003[1]-42:16 ahead[2]-19:7,41:23 aware[1]-35:23 Brad[1]-2:13 2012[1]-30:15 8 airport[1]-18:22 awesome[1]-41:22 brainstorm[1]-28:23 2018[2]-1:19,49:17 Alex[2]-6:2,10:2 awhile[1]-37:15 branding[2]-28:6, 2018-02[2]-4:10,5:7800[1]-1:15 alike[1]-44:9 28:8 2018-03[2]-4:11, alleviate[1]-33:22 B BRANDON[1]-7:6 30:6 9 allow[2]-26:17, Brandon[2]-6:8,7:9 2018-05[2]-4:11, 46:12 break[1]-24:15 38:17 allowed[4]-17:13, background[1]-5:24 brick[s]-27:8,28:17, 2500[1]-33:19 95[1]-43:8 26:23,26:24,42:11 balance[1]-7:23 29:10,42:4,42:6, 2700-square[1]-almost[2]-11:11,Barksdale[1]-2:11 42:17,42:20,46:14 46:20 A 15:4 Barksdale-Noble[1]- bricks[2]-27:11, 29[2]-15:9, 15:23 ALSO[1]-2:10 2:11 27:15 29th[1]-49:17 alternate[1]-26:15 base[7]-7:21,8:12, bright[1]-45:7A.D[1]-49:17 9:17,11:6,14:2, ability[1]-23:19 aluminum[2]-10:16, brilliancy[1]-9:4 3 10:18 14:9,26:3 bring[2]-14:6,14:7able[2]-16:4,36:7 based[3]-27:20, absolutely[1]-11:20 amendment[2]-5:10, brought[1]-44:4 33:13,34:6 3[1]-34:5 accommodate[2]- 30:9 build[6]-26:18, amendments[1]-basis[a]-30:18,31:6, 37:20,40:20,44:2,30[3]-7:14,15:23, 6:23,12:19 31:22,35:5 45:5 account[1]-33:3 38:20 44:14,44:15 amount[2]-19:4,batten[2]-43:4, Builders[2]-38:17,30-foot[1]-9:21 accuracy[1]-49:14 45:15 31[1]-14:1 acre[4]-33:14,33:16, 24:17 39:15 AND[1]-1:9 beautiful[2]-10:20, Building[1]-31:434[5]-7:13,16:21, 33:19,33:20 23:7 29:6,29:8,39:3 acres[2]-33:17, angle[2]-10:14, building[a]-16:19, 35[13]-8:15,13:5, 33:20 10:15 Beecher[1]-29:6 25:1,31:8,32:3, 15:8, 15:17,17:16, add[51-7:15,7:16, annexed[1]-49:10 beginning[1]-42:15 40:21,42:9,44:21, answer[2]-9:12, Berman[2]-6:2, 45:1819:16,20:11,20:19, 11:24,19:8,23:19 25:20 20:21,21:2,21:21, added[1]-23:24 11:19 buildings[1]-27:21 answering[1]-9:8 Berman's[z]-7:12, built[s]-16:19, Tlitosh Reporting Service 815. 993 .2832 cms .vitosh@gmail . com 51 PZC - April 11, 2018 - Public Hearings 40:11,40:15,45:6, changes[i]-35:8 components[i]-9:3 COUNTY[i]-49:2 developer[3]-31:12, 45:21,47:5 charge[a]-31:7, compromise[i]- couple[2]-33:11, 35:5,37:18 bulbs[D]-9:1 31:17,36:7,37:10 17:10 45:21 developers[3]-34:2, business[z]-5:13, charges[D]-31:22 computer[D]-49:8 covenants[z]-40:5, 35:20,36:24 38:1 charging[2]-31:5 computer-generated 44:8 development[8]- cheap[1]-40:20 D]-49:8 cover Dl-33:23 5:15,23:13,31:9, C Chicagoland[i]-concern[i]-10:17 covered[3]-36:21,33:9,33:14,34:18, 37:15 concerning[1]-12:20 37:6,38:2 35:21,39:1 choose[D]-34:19 concrete[p]-10:12 covers[i]-8:11 Development[3]- cabinet[2]-7:22, Christine[2]-49:3, condition[2]-19:13, Craftsman[3]-42:21, 2:12,5:11,38:21 7:23 49:20 19:22 45:22,46:3 diagram[i]-11:5 caliber[i]-27:4 Circle[i]-39:24 conditions[2]-20:5, craftsman[i]-42:22 Dick's[q-24:15 canning D]-10:18 city[2]-31:12,35:24 20:6 craftsman-style[i]- difference[3]-15:23, Cannonball[2]-29:8, CITY[i]-1:5 conducted[i]-31:14 42:22 16:11,37:20 39:4 City[9]-2:13,5:9,confident[i]-9:13 cramped[i]-27:24 different[s]-44:1, cannot Di-20:10 30:6,30:7,31:3,considered[1]-3:10 crane[2]-14:21, 44:3,45:5,45:10, cap[i] 27:11 36:6,37:11,38:19, consistency[1]-17:7 14:22 45:16,45:18 care[3]-30:23,36:4, 39:23 consistent[2]-20:17, crayon[1]-26:14 diligently[1]-6:13 36:6 clad[D]-10:15 36:18 crazy[2]-27:24, direct[D]-31:2 Carsten Di-9:14 cleaner[i]-9:4 construct[i]-32:4 37:15 direction[1]-49:15 cautious[ 34:24 clearly[1]-3:16 construction[s]-creative[D]-21:24 Director[i]-2:12 4cedar[s]-40:7,40:8, close[i]-47:14 30:16,32:2,32:5, criteria[i]-20:15 disagree[D]-18:15 41:24,42:6,46:12 closed[1]-48:9 34:22,36:11,38:24 crossing[i]-13:24 discussion[i]-35:6 center[s]-6:3,6:12, closing[D]-46:19 construed[D]-19:22 crux[1]-33:5 DLK[D]-5:23 7:3,29:7 code[2]-35:15,35:16 consultant[z]-30:14, CSR[z]-49:20,49:20 done[4]-3:19, 16:9, Center[2]-15:15, codified[2]-35:10,31:7 current[i]-25:13 16:10, 19:3 15:16 35:12 continue[2]-33:4, curved[i]-18:16 down[15]-8:12, certain[i]-25:2 cognizant[D]-14:2 36:20 custom[i]-46:22 11:14,12:21, 13:5, certificate pi-49:10 certification Di- collect[i]-31:15 contractors[D]- cutter[i]-46:23 14:6,14:8, 14:13, 49:16 colors[s]-44:24, 36:24 14:22, 15:4, 17:8, Certified[i] 49:3 45:3,45:5,45:8,control[D]-49:15 D 27:19,27:24,28:22, certified[i]-49:12 45:10 Control[2]-30:11, 36:22 Colors[i]-45:2 35:9 draw[i]-23:12 certify[z]-49:4, columns[i]-27:9 conversation[i]-Daley[i]-8:4 drawing[i]-11:23 49:10 dark[zl-45:8,45:12 g Chairman[1]-2:2 coming[3]-23:21, 9:23 drawings[1]-12:7 33:6,34:13 cookie[D]-46:22 darn[i]-32:23 driving[z]-29:3,43:6 CHAIRMAN[ss]-3:4, comments[2]-33:24, copies[2]-49:12,dealing[1]-35:11 drop[i]-13:1 4:1,4:14,5:4,9:16, 40:14 49:14 Deborah[2]-2:5, dropping[i]-27:19 9:19,14:23,15:13, commercial[D]-5:15 Copley[a]-15:7, 23:5 Dry[i]-10:21 15:21,16:1,16:5, COMMISSION[i]- 15:15, 16:16,16:18 decide[i]-21:19 Dry-Vit[D]-10:2117:2,17:17,17:20, decoration[]-12:9 17:23,18:4, 18:14, 1:9 copy[p]-39:16 DUBAJIC[15]-5:19, 18:21,19:9,19:18, Commission[2]-3:6, corner[]-29:6 define[1]-32:7 5:22,10:1, 18:17, 4:7 cornice[s]-8:17, deliberate[1]-38:7 21:7,23:22,24:9, 20:13,21:16,21:22,Department[]-31:4 22:2,22:4,22:7, communities[al- 17:12,21:8,21:20, 25:4,25:6,25:10, 32:14,32:18,33:13, 21:23,22:6,23:11, department[p]-32:4 25:16,26:12,27:1, 22:18,22:21,23:1, deposit[7]-32:11, 28:12,28:20 24:4,24:6,24:20,37:10 23:17,28:14 Community[D]-2:11 correct[1 1]-11:2, 32:20,33:12,33:15, Dubajic[D]-5:23 25:14,26:2,26:11, 34:12,34:20,37:21 26:16,27:17,29:13, companies Di-36:19 12:5,18:23,30:21, due Di-23:4 29:16,29:20,29:23, Company[q-7:10 31:1,35:3,37:4,deposits[2]-30:12, duly[3]-5:20,7:7, 30:4,38:4,38:12, company[D]-25:23 37:9,43:13,47:2,32:12 39:12 38:15,39:9,39:19, compare[ii-32:14 49:7 Depot[7]-7:17,8:19, during[i -32:10 41:8,41:16,41:20, complaining[i]-33:5 cost[s]-29:11,31:2, 20:24,22:9,24:21, 41:22,43:6,43:18, complaints[p]-31:10 33:8,34:18,37:24 24:22,27:5 E 43:24,46:5,47:9, complete[2]-34:4, costs[s]-34:8,34:17, design[3]-20:16, 47:12,47:18,48:7 49:7 36:21,37:6,41:3,38:23,43:10 change[2]-28:16,completed[i]-32:1 42:22 destroy[i]-23:18 early[D]-8:8 44:16 completely[i]-12:18 Council[D]-37:12 detail[a]-23:11, easier[3]-14:11, changed[z]-22:22, completion[2]-34:5, Country[1]-39:24 40:18,43:3,46:21 14:12, 14:14 42:14 34:8 County[3]-5:9,30:8, details[1]-36:1 eastbound[i]-16:20 38:19 deter[i]-23:20 eats[p]-33:1 itosh Reporting Service 815. 993 . 2832 cms .vitosh@gmail. com 52 PZC - April 11, 2018 - Public Hearings Edge[1]-40:1 feature[2]-18:16, 23:14,23:15 guy[1]-23:6 high[6]-8:24,9:16, EDI[1]-36:9 28:11 foundation[1]-9:10 12:14, 13:5,23:7, EDI's 11]-36:17 features[1]-29:9 four[3]-11:6,17:12,H 43:2 effect[1]-9:24 fee[s]-30:17,30:22, 45:13 higher[3]-19:23, effort[1]-19:3 31:2,31:16,31:24 four-foot[1]-11:6 20:1,36:15 eight[5]-11:7,13:1, feeble[1]-9:7 four-inch[1]-17:12 half m-24:16,24:17, Hills[1]-40:1 13:7,13:12, 17:15 feedback[1]-15:3 frame[2]-10:14, 34:9,34:13,35:22, hired[1]-30:14 eight-inch[1]-13:12 fees[10]-30:12, 10:15 37'20 hold[3]-9:10,26:3, elevations[2]-43:19, 31:11,31:15,31:17, free[1]-46:11 hand[3)-3:23,49:13, 41:10 44:5 32:7,32:9,32:18, freestanding[1]- 49'17 Holdings[1]-5:7 emails[1]-37:14 35:9,35:13,37:15 5:13 hard[2]-11:1,16:2 home[4]-41:2, end[1]-46:19 feet[34]-5:12,6:23, friendliness[1]- Hardie[3]-46:10, 42:19,46:18,46:20 46:16 engineer[a]-31:21, 7:14,7:15,7:16, 24:14 46:13, Home[7]-7:17,8:19, 32:3,32:9,35:24 8:15,9:18, 11:11, front[5]-40:17,41:2, Harker[3]-2:2,5:3,20:24,22:8,24:21, Engineer[1]-2:13 11:16, 13:1,13:5,42:4,43:4,44:14 48:6 24:22,27:5 engineered[2]-8:4, 13:6,13:7, 14:1,fronts[3]-40:22, HARKER[59]-3:4, homes[10]-40:11, 15:4,15:8, 15:9, 42:17,42:22 4:1,4:14,5:4,9:16, 40:18,40:20,40:21,19:1 9:19,14:23, 15:13, engineering[9]- 1517, 16:8,1716, full[1]-42:23 41:4,42:9,42:17, 18:19, 18:20, 18:24, full [1]-36:7 15:21, 16:1, 16:5,43:5,45:3,47:111:18,30:12,30:14, y 30:16,30:19,31:6, 19:16,20:11,20:19,17:2,17:17, 17:20, hook[1]-37:2 31:19,34:7,36:18 20:21,21:2,21:21,G 17:23, 18:4, 18:14, hopeful[1]-7:4 Engineering[1]-9:15 21:22,22:20,23:9, 18:21, 19:9, 19:18, horaz[1]-48:4 entrance[1]-29:7 43:2 20:13,21:16,21:22, Horaz[2]-2:5,4:17 Erica[1]-5:17 few[2]-27:10,42:12 galvanized[1]-10:15 22:2,22:4,22:7, HORAZ[17]-4:13, escrow[1]-30:11 filed[3]-5:8,30:7,Game[1]-1:15 22:18,22:21,23:1, 4:18,14:5, 14:9, 38:18 garage[1]-43:21 24:4,24:6,24:20, estimate[7]-34:2, 25:14,26:2,26:11, 17:3,17:21,18:2, 34:3,34:15,36:2, filled[2]-6:19,27:21 gargoyles[z]-21:4, 18:11, 19:6,22:5, 36:5,36:6,36:23 final[2]-7:1,30:17 21:6 26:16,27:17,29:13, 25:12,26:20,27:8, estimated[1]-34:7 fine[z]-15:17,37:1 gauge[3]-33:7, 29:16,29:20,29:23, 27:10,46:6,47:17, finish[2]-10:22,38:6 34:16,36:24 30:4,38:4,38:12, 48:5evening[2]-5:22,7:9 38:15,39:9,39:19, everywhere[1]-28:7 first[s]-4:3,5:6, gauging[1]-34:12 hour[1]-32:22 1]-6:6 41:8,41:16,41:20, exact[z]-44:5,44:14 5:20,6:2,7:7,33:23, gavinhourly[3]-30:18, 39:12,40:14 generally[1]-39:3 41:22,43:6,43:18, examples[1]-41:7 43:24,46:5,47:9, 31:6,31:22 exceed[4]-20:11,fit[2]-13:2,20:15 generated[1]-49:8 hours[a]-36:7, fits[3]-15:9,15:17, given[1]-8:7 47:12,47:18,48:7 20:21,21:1,21:21 hear[1]-5:6 36:15,36:16,36:17 existing[5]-5:13, 16:23 glad[1]-16:15 house[9]-30:20, five[18]-5:12,6:23, goal[1]-44:12 heard[5]-3:14, 7:12,7:14,8:18, 38:10,38:13,40:14, 30:22,40:13,44:5, 47:6 7:15,7:16, 13:6,GOCKMAN[6]-4:24, 41:18 44:13,44:14,44:16, expand[1]-24:18 13:7,16:8,23:9, 14:10,46:24,47:3, hearing[11]-3:3, 44:22,45:11 extend[1]-20:7 28:10,34:9,34:16, 47:8,48:1 3:21,4:10,5:6,35:8, houses[5]-40:10, eye[1]-23:12 34:19,36:15,36:22, Gockman[3]-2:6, 35:22,38:17,47:15, 40:15,43:11,44:9, 37:24,42:14,45:10 4:23,47:24 45:1348:9,48:12,49:5 F flagship[2]-7:18,GOINS[4]-5:2, HEARINGS[1]-1:10 hum[z]-10:8, 11:9 8:20 44:24,45:2,48:3 flat[3]-8:18,17:4,Goins[3]-2:3,5:1, hearings[2]-3:5,3:7 fabrication[1]-21:2 30:22 48:2 heartland[1]-39:24 fact[1]-16:9 Flavin[1]-2:3 Goods[1]-24:15 Heartland[2]-39:24, 42:15 factors[1]-19:2 floor[1]-44:3 grade[1]-46:14 identifying[1]-8:19 fade[1]-10:21 fluorescent[1]-8:24 grandfathered[1]- height[19]-5:12, III[1]-38:22 family[2]-43:15,47:1 following[1]-3:1 18:10 8:14,11:15, 12:20, ILLINOIS[2]-1:6, fantastic[1]-38:15 follows[3]-5:21,7:8, gray[1]-45:10 13:5,13:8,14:3, 49:1 far[1]-29:10 39:13 grays[1]-45:9 17:11, 19:4,20:7, Illinois[7]-1:16,5:10, Farm 0]-1:15 foot[1z]-11:6, 13:12, greatest[1]-37:5 20:18,21:11,21:20, 5:18,30:8,38:20, 22:9,22:15,22:17, 39:5,49:20fast[2]-32:24,33:2 15:23,15:24, 17:8, Greenbriar[1]-40:1 23:10,23:15,27:16 favor[]-4:5,29:18, 17:11,17:13,22:14, ground[3]-15:23, illuminated[1]-824 help[1]-12:19 immediately[1]-39:438:6,38:9,41:14,28:10,46:20 16:11,26:23 helps[1]-41:4 41:17 footings[3]-8:5, Group[1]-8:4 impact[3]-7:18, hereby[1]-49:4 16:7,20:6 favorable[1]-7:5 9:15,18:24 guess[3]-14:10, hereto[1]-49:11 fear[1]-37:6 foregoing[1]-49:6 36:4,40:2 implementing[1]- feasible[1]-13:9 forward[3]-20:8,guidelines[1]-47:4 hereunto[1]-49:16 35:10 Vitosh Deporting Service 815. 993 . 2832 cms .vitosh@gmail .com 53 PZC - April 11, 2018 - Public Hearings impose[1]-20:4 K looking[11]-9:20,members[1]-3:8 24:10,24:11,24:21, in-house[2]-30:20, 14:24, 15:13,15:14, merely[1]-19:3 24:24,25:3,25:5, 30:22 16:12,26:21,27:19, mess[2]-23:2,28:20 25:8,25:11,25:17, inaudible)[1]-15:12 keep[2]-13:4, 17:13 28:1,39:20,41:12, mid[1]-6:11 25:18,26:7,26:8, Inc[1]-38:18 Kendall[16]-5:7,5:9, 46:4 mid-size[1]-6:11 26:13,26:15,26:17, inch[7]-8:11,8:13,5:10,5:15,6:1,6:15, looks[7]-15:1,17:22, might[2]-4:7,40:23 26:24,27:9,27:12, 8:14,10:7,13:12, 12:3,12:7,28:4, 17:23, 18:11,41:12, mind[1]-16:19 27:14,28:2,28:19, 17:12 28:8,29:9,30:8, 42:20,43:7 Minute[1] 2:14 29:12,30:3,30:20, inches[7]-11:7,13:1, 38:19,38:20,38:24, love[1]-12:21 mm-hum[2]-10:8, 30:24,32:16,32:23, 13:7, 14:1,17:15,43:14 low[4]-32:13,34:14, 11:9 35:1,36:4,37:5, 17:16 kept[1]-17:17 36:14,37:16 mobilized[1]-25:22 37:14,39:7,39:14, included 0]-37:7 kind[13]-7:1,8:22, lower[5]-7:22,7:23, modify[1]-44:4 39:20,41:6,41:15, 33:8inclusive[1] 49:7 9:6,14:12,15:4, 14:4,14:5,25:16 41:24,42:3,42:7,money[z]-33:4, incorporate[z]- 16:10,24:21,25:21, lowest[5]-32:19,monotony[2]-44:11, 42:8,43:10,43:23, 11:13, 13:11 28:7,28:22,34:12, 36:9,36:12,36:13 44:12 44:2,44:12,45:1, increase[6]-5:12, 42:18,43:22 LYNN[1]-5:19 monstrosity[1] 45:3,46:8,46:24, 9:11,11:15,14:3, knowledge[1]-9:22 Lynn[1]-5:23 15:20 47:3,47:8,47:16, 17:11, 19:17,21:11, knows[1]-10:2 Lynn's[1]-16:6 month[2]-33:3,33:7 47:21,47:23,48:1 33:11 Kohl's[4]-6:17,7:17, months[1]-28:5 MS[74]-4:13,4:16, increased[1]-6:23 8:20,27:5 M monument[3]-5:13, 4:18,4:19,4:21, infrastructures[1]Krysti[1]-2:11 26:18,26:21 4:23,5:1,5:2,5:3, 32:6 monuments[1]-25:9 5:22,10:1, 13:24, initial[3]-22:12, L main[2]-29:7,44:16 most[2]-40:11, 17:3,17:21,18:2, maintain[1]-17:6 18:8,18:11,18:17,32:20,33:12 42:17 inline[1] 27:1 maintenance[1] motion 4 -4:9, 19:6,19:14,19:19, landscaping[1]-14:2 46:11 19:23,20:1,20:12, insert[1]-14:11 47:13,47:19,48:8Lane[2]-5:17,39:5 manager[1]-6:7 20:14,20:20,21:7, inside[4]-8:10,8:14, lanes[1]-16:23 mountains[1]-17:1 manner[1]-20:10 21:10,21:15,21:19, 8:22,19:2 LASALLE[1]-49:2 move[2]-30:4,38:5 Marketplace[12]inspect[1]-32:4 4:12,moved[2]-last[4]-28:5,35:21, 5:11,5:15,6:1,6:15, 23:22,24:9,25:4, inspection[2]-31:24, 47:1642:14,45:21 12:4, 12:7,28:4, 25:6,25:10,25:12, 32:10 movie[2]-13:23,late[11-11:24 28:8,29:9,38:21, 25:13,25:116,26:12, installed[1]-8:3 13:24leads[1]-8:13 39:1,43:14 26:20,26:22,27:1, installing[2]-7:21, lease[1]-24:16 Marlys[1[ 2:14 moving[3]-5:5, 27:8,27:10,28:12, 7:23 least[2]-19:4,45:5 masonry[7]-10:13, 22:22,38:16 28:20,30:2,30:13, integrity[5]-1016, [ save[1] 28:16 11:6,11:12,12:23, MR[132]-4:12,4:20, 30:21,31:1,32:17, 11:19,13:15,17:6, LED[1]-9:3 14:19, 14:20,28:2 4:22,4:24,7:9,9:9, 33:1,35:3,37:4, 41:2 9:12,9:18,9:22,legibility[2]-12:12, match[1]-11:1 37:9,43:13,44:11, intent[2]-11:8,23:12 10:5,10:8,10:9, 44:24,45:2,46:6,16:22 material[1]-18:9 intention[5]-7:11, Legos[1]-14:16 materials[1]-10:6 10:11, 10:13, 10:14, 47:2,47:6,47:17, 7:15,26:9,44:7 11:1,11:2,11:3, 47:20,47:22,47:24,less[4]-9:4,33:14, maximum[1]-19:15 interim[1]-23:20 11:4, 11:5,11:9, 48:2,48:3,48:4,33:17,33:19 mayor p]-31:13internal[1]-9:2 11:10,11:17,11:21, 48:5,48:6letter[1]-31:11 McCue[16]-38:17, internally[1]-8:23 lift[1]-14:11 39:7,39:11,39:14, 11:22,12:2, 12:3, municipalities[1]- invite[1]-3:8 12:5,12:6,12:11,32:15limit[1]-20:6 39:15,39:20,41:15, invited[1]-35:20 12:12,12:18, 13:3, mystery[1]-24:24line[3]-6:17,33:12, 42:3,42:8,43:23, involved[z]-14:21, 13:4,13:10,13:11, 44:5 44:2,44:12,45:1, 32:8 13:13,13:17,13:18, list[2]-40:9,41:5 45:3,46:8 N iron[2]-10:14, 10:15 literally[ z]-14:15, Meadows[1]-40:1 13:20,13:21,14:5, 10,issue[1]-32:20 14:16 mean[15]-13:6, 14: 1 ,15: 2,15:item[2]-30:5,38:16 LLC[2]-5:7,5:23 14:24, 15:3,15:5, 15: 22, 16: 3,16:6, name e[ 2]-31]- .215:22,16:3, nameless[1]-6:20 J load[1]-19:1 15:17,19:10,26:22, 16:24,17:5,17:19, neat[1]-46:3 located[3]-5:16, 27:12,27:23,36:13, 18:1, 18:3,18:6,necessarily[1]-36:13 39:2,39:3 41:11,44:2,44:13, 18:13,18:15,18:19, necessary[1]-37:13 Jason[1]-31:3 look[11]-15:6, 19:6, 45:4,45:8 18:23,19:7, 19:21, 22:6,23:10,28:16, meet[2]-6:13, 18:7 need[3]-23:6,33:4, Jeff[2]-2:4,41:23 19:24,20:9,20:18, 33:8 job[1]-37:23 29:2,43:5,44:9,meeting[4]-3:6, 20:22,21:4,21:6,1 needs[2]-6:13,6:18 junior pi-6:11 44:22,45:16 40:14,47:15,48:13 21:12,22:14,22:16, never pi-40:5looked[2]-32:17,MEETING[1]-1:9 22:19,23:2,23:23,5, 34:3 member[1]-3:22 new[10,- 23:20, 18:1, : 24:3,24:5,24:7, 21:17, 26:18, Vitosh Reporting Service 815. 993 .2832 cms.vitosh@gmail. com 54 PZC - April 11, 2018 - Public Hearings 38:23,39:17,42:19, Olson[3]-2:4,4:19, packet[2]-27:19, 34:21,44:3 provides[1]-13:15 43:5,43:10 47:20 32:13 plat[1]-30:17 PUBLIC[1]-1:10 next[3]-30:5,44:15, on-site[2]-32:2, Page[3]-32:15, play[0]-25:22 public[18]-3:3,3:4, 46:13 34:23 32:17 pleasing[1]-15:1 3:8,3:11,3:21,3:22, nice[7]-15:2,18:16, once[3]-16:9, 16:10, page[1]-32:16 plus[1]-36:14 4:10,5:5,32:5,32:6, 19:6,28:19,36:8,37:14 Pages[2]-34:5,49:6 podium[4]-3:18, 35:7,35:19,35:22, 36:10,40:22 one[24]-3:16,5:6, panel[5]-11:14, 5:21,7:8,39:13 38:16,47:14,48:9, nicer[2]-40:10,43:8 6:19,9:21,13:8, 22:16,22:18,24:17, point[4]-6:20,23:4, 48:12,49:5 nine[i]-12:24 14:18, 17:11, 17:18, 24:23 26:7,37:11 publication[1]-19:15 Noble[1]-2:11 17:21, 18:1,18:2, panels[6]-5:14,7:24, popular[4]-42:21, published[3]-20:3, NOBLE[30]-13:24,18:11, 18:13,24:4, 17:7,17:8,17:14,45:9,45:14,45:17 20:15,20:21 18:8, 19:14, 19:19, 24:6,24:7,25:14,23:24 porch[1]-44:17 PUD[3]-18:9,26:24, 19:23,20:1,20:12, 27:17,32:18,33:11, paper[i]-35:19 porches[3]-40:13,43:14 20:14,20:20,21:10, 35:11,35:12,37:11 Pardon[1]-45:1 42:23,45:22 purpose[3]-3:7, 21:15,21:19,22:1, ones[3]-25:12, part[5]-13:12,30:22, portion[8]-20:10, 5:14,6:21 22:3,22:15,25:13, 25:16,43:20 31:8,38:7,43:13 23:3,28:13,31:20, put[13]-9:21, 12:16, 26:22,30:2,30:13, open[1]-4:9 particular[]-6:19 31:24,47:15,48:9, 14:11, 19:12,21:4, 30:21,31:1,32:17, opinion[2]-28:12, Pat[i]-8:4 48:12 23:14,26:5,27:11, 33:1,35:3,37:4, 28:15 pay[2]-30:22,34:19 possible[2]-19:5, 28:10,35:19,40:9, 37:9,43:13,44:11, oppose[1]-29:21 payment[1]-36:22 35:16 43:21 47:2,47:6 opposed[5]-4:6,pen[1]-7:10 possibly[1]-25:1 Put[1]-18:4 nobody[i]-18:23 33:21,38:13,41:14, people[3]-35:13,power[i]-9:4 putting[7]-8:1, 10:9, none[2]-40:2,47:13 41:20 46:12,46:21 Prairie[i]-40:1 10:10, 14:17, 15:18, north[2]-39:3,39:4 option[i]-42:7 percent[10]-34:10, precast[2]-14:21, 15:19,23:24 nothing[2]-44:8,options[2]-20:16, 34:13,34:16,34:20, 27:9 pylon[1]-8:10 44:20 42:8 36:23,37:6,37:20, precedence[1]- PZC[6]-4:10,4:11, notice[2]-8:16, order[2]-4:2,30:1 37:24,42:4,43:8 16:22 5:7,30:5,38:17 35:19 Ordinance[2]-30:11, percentage[i]-34:6 precedent[i]-8:7 Numbers[1]-4:10 35:9 permit[3]-5:11,31:8, premium[1]-42:5 Q nutshell[1]-9:7 ordinances[1]-31:18 38:22 prepay[1]-30:15 original[3]-28:23, personal[1]-28:15 PRESENT[2]-2:1, 0 33:18,49:11 personally[1]-35:20 2:10 quality[2]-23:8, originally[1]-10:23 40:21 persons[2]-3:11,present[s]-3:12, questions[i 1]-3:13, ornamental[2]-12:8, 3:15 29:17,29:20,38:9, obscure[i]-14:4 4:7,9:8,13:9,29:14,21:2 Petition[1]-4:10 41:17 obstruct[i]-16:24 ornate[i] 28:4 29:24,35:17,38:4, petitioner[8]-3:13, presentation[1]-4:5 obstructions[1] Oswego[1]-42:12 3:21,4:4,4:8,5:8, pretty[3]-32:23, 41:5,41:23,47:10 16:14 quick[2]-41:10, outdated[1]-42:18 30:6,38:18,39:6 41:9,42:10 occupy[i]-25:20 outlots[3]-26:22,photo[1]-23:10 prevent[1]-21:10 41:14 occupying[1]-24:16 26:23,27:21quite[2]-6:10,42:12 occur[1]-8:6 photos[i] 12:6 problem[]-38:2 output[1]-8:24 picking[1]-14:22 proceedings[4]-3:2, - ROF[3]-1:5,49:1,49:2 outside o] 21:3 oil[a]-10:18 picture[1]-25:13 48:11,49:5,49:8 outsource[1]-31:2 pictures[1]-43:1 process[4]-8:8, old[7]-8:24, 10:19, outsourced[1]- 18:1,18:2,18:4, piece[3]-7:2,14:17 31:9,31:14 raise[3]-3:22, 19:4, 30:24 pillars[3]-14:5, product[3]-44:1, 19:1118:13,42:20 over-engineered[1]- 42:23,43:1 46:10,46:17 raising[1]-19:10 older[1]-8:22 8:4 pipes[3]-8:11,8:13, project[4]-30:15,Randy[2]-2:2,26:7OLSON[35]-4:20, overall[10]-5:12, 8:14 33:4,34:8,36:5 range[2]-34:6,34:239:9,10:5, 10:9, 11:15, 12:20, 13:5, pitches[2]-40:24,projects[4]-34:4,ranges[i]-34:810:13,11:1, 13:21, 20:18,21:11,21:20, 41:3 35:17,35:21,36:1 rate[4]-36:10,36:12,14:7, 15:12,15:19, 22:15,27:16,34:18 15:22,16:3,16:24, place[3]-12:16, prompted[1]-27:6 36:14,36:15 own[1l-27:22 31:19,49:9 property[6]-5:16,rather[8]-7:19,18:1,18:6,21:4, owner[s]-6:3,6:12, 21:12,26:7,26:15, plan[2]-33:24,40:20 6:7,9:1,13:19, 17:14,27:14,28:10, 7:3,9:2,23:17, Planned[2]-5:11, 23:17,39:2 29:1,33:2326:17,28:2,30:3, 30:20,30:24,32:16, 39:14 38:21 proposed[4]-3:9,ready[i]-39:6 32:23,35:1,36:4, PLANNING[1]-1:9 21:17,40:4,43:10 Reagan[1]-2:3 37:5,37:14,41:6, P planning[1]-31:3 proposing[3]-39:17, real[7]-5:16,23:10, 41:24,42:7,43:10, Planning[1]-3:5 40:3,43:7 39:2,41:14,45:9, 47:21 p.m[1]-1:20 Plano[1]-17:1 provide[4]-23:11, 45:14,45:17 plans[3]-31:21, 34:2,34:22,35:24 really[6]-15:4,15:11, liitosh Deporting Service 815 . 993 . 2832 cms .vitosh@gmail .com 55 PZC - April 11, 2018 - Public Hearings 29:2,33:1,42:21,49:13 seven[4]-13:7,15:4, 25:2 44:21,44:22 45:19 responsible[1]-38:2 22:14,22:19 sized[1]-24:23 stricter[1]-47:3 reason[5]-6:4, restrictions[1]-40:2 several[1]-32:18 sleeve[i]-8:13 strictly[1]-13:14 16:18,35:7,36:19, retailer[4]-6:19, shake[2]-43:3,46:15 sleeves[1]-10:7 stringent[1]-39:21 37:7 6:24,7:4,24:24 shingles[1]-40:13 slide[1]-14:15 strip[1]-47:9 received[2]-30:19, reused[1]-21:8 shopping[3]-6:3,sliding[1]-14:17 structural[3]-10:16, 31:11 review[1o]-30:12, 6:12,7:3 Smith[1]-6:6 11:18,13:15 receiving[1]-4:3 30:16,31:14,31:19, Shore[1]-39:5 so..[1]-43:9 structure[1]-31:16 recently[1]-31:11 31:21,32:1,32:9, shorter[1]-26:21 soft[2]-33:8,34:17 stuff[5]-15:3,40:23, recognize[2]-44:6,33:24,36:17 Shorthand[1]-49:3 sold[1]-46:18 43:22,45:15,46:22 44:17 reviews[1]-31:6 show[1]-11:24 solid[1]-11:19 style[a]-42:21, recommendation[2]- revision[1]-38:22 showing[1]-43:19 someday[1]-8:6 42:22,45:22,46:3 7:5,20:8 revisions[1]-30:9 shows[2]-34:5,36:9 someone[1]-9:9 subdivision[5]- reconciliation[1]-reworded[1]-21:13 shutter[3]-45:24,Sometimes[1]-36:14 39:22,40:4,40:6, 33:3 Richard[1]-2:7 46:1,46:2 sorry[4]-22:23,24:5, 43:7,44:19 reduce[1]-27:15 rid[1]-8:17 shutters[1]-45:23 30:3,30:10 Subdivision[3]- reduced[1]-17:11 ridiculous[1]-37:21 side[41-6:18,17:14, sort[3]-7:18,17:10, 30:10,30:11,35:9 reface[1]-25:23 Rivers[1]-40:1 40:16,43:21 24:14 subdivisions[3]- reference[1]-16:16 Road[1]-1:15 siding[13]-40:7, space[7]-6:16, 42:10,42:13,46:11 refunded[2]-35:2, road[1]-13:22 40:8,41:24,42:5,14:24,23:21,24:17, submits[1]-31:20 35:4 roll[2]-4:14,47:18 42:6,42:11,42:13, 24:18,25:19,33:13 sufficient[1]-9:10 regarding[3]-3:9,roof[1]-44:16 43:4,45:4,45:15, spaces[1]-25:24 suggest[1]-23:13 3:14,38:23 roofs[1]-41:1 46:7,46:15 specific[4]-6:24,suggesting[2]- related[1)-30:11 round[1]-33:23 sign[53]-3:18,5:12, 25:24,27:2,35:17 20:23,33:10 remains[1]-6:20 Route[1]-7:13 6:22,7:13,7:14,specifically[1]-6:9 Super[2]-7:17,8:19 remember[1]-29:5 row[1]-44:20 7:18,7:19,7:21,8:3, spend[3]-33:8,35:2, support[1]-9:17 remove[1]-14:19 runs[1]-45:15 8:18,8:22,8:23,9:5, 37:1 surrounding[1]-15:7 removing[3]-7:20, Rush[5]-15:7, 15:15, 9:9,9:11,9:20, spent[3]-28:5,31:3, sworn[41-3:24,5:20, 14:20 16:16, 16:18 10:19, 11:8, 11:14, 35:4 7:7,39:12 repeat[1]-3:23 Rush-Copley[4]- 11:15, 13:2,13:15, sporadic[1]-31:10 system[1]-9:3 replace[1]-8:18 15:7,15:15,16:16, 13:21,14:1,14:11, Sporting[1]-24:15 Reporter[1]-49:4 16:18 15:1,16:16, 16:18, spot[1]-24:20 T represent[2]-3:17, 18:5, 18:10, 19:3, spreadsheet[1]-36:8 6:6 s 19:4,20:10,20:19, SS[1]-49:1 reproduced[1]- 21:11,22:8,22:10, stages[1]-34:4 Taker[1]-2:14 49:14 23:3,23:9,23:12, stamp[1]-9:15 tall[5]-7:14, 13:21, 18:20,18:24,22:20 republish[1]-19:14 sale[1]-43:16 25:23,26:1,26:4, stand[1]-3:22 request[10]-3:14,Sanderson[1]-2:13 26:6,26:19,26:21, standard[1]-46:9 taller[2]-18:18,21:9 4:6,7:12, 10:3, Sandwich[1]-12:15 26:23,27:2,27:22, standards[7] 18:7, Target[s]-7:17,8:19, 29:18,29:21,37:11, sat[1]-28:22 28:13 20:24,22:8,24:22, save[1]-23:18 Sin 23:7,38:23,39:18, 38:10,38:13,41:18 g [1]-7:10 39:20,39:21,43:11 24:23,25:7,27:5, requested[a]-25:2, second[2]-4:13, signage[3)-6:21, standpoint[4]-11:18, 29:4 25:6,27:3,27:6 47:17 27:15,28:4 11:19, 12:12,12:13 taupe[1]-45:12 requesting[5]-5:10, section[4]-10:10, signed[1]-49:12 start[2]-8:11,11:7 taxes[1]-37:8 6:21,6:22,30:8, 10:11, 10:12, 13:14 Signs[1]-6:8 started(1)-42:15 technology[1]-8:23 38:20 Section[1]-30:10 signs[12]-5:14,6:9, state[3]-3:16,20:23, ten[9]-8:9,8:11, requests[4]-3:9, see[13]-12:6, 12:15, 14:4,20:24,22:1,39:9 8:13, 10:7,22:12, 3:13,10:4,46:24 12:21,21:17,24:22, 22:2,25:7,25:9,STATE[1]-49:1 33:17,33:20,44:4, require[2]-20:5, 25:21,27:5,29:4,25:23,27:3,28:6, 45:11qsteel[1]-19:2 46:12 31:15,32:13,37:14, 29:5 steeper[1]-41:3 ten-inch[3]-8:11, requires[1]-35:7 41:13,42:19 similar[1]-44:23 8:13,10:7 residential[1]-38:24 seeing[1]-47:12 single[2]-43:15,47:1 still[8]-7:17,8:19, tenant[11]-5:14, 10:20,15:9,27:11, resolution[2]-35:12, sell[2]-41:4,44:13 site[3)-32:2,32:10, 7:24,14:4, 17:7, sense[2]-36:22, 34:23 40:10,40:20,47:4 17:8,21:1,23:21,35:14 stone[4]-42:5,42:6, respect[1]-23:5 40:24 six[e]-8:14, 17:12, 24:8,27:1,27:2 43:2,46:15 response[a]-29:15, services[3] 30:16,17:16, 17:19,22:11, tenant's[1]-25:24 30:19,37:10 24:2,24:11,28:5 stop[1]-47:14 tenants[10)-8:20,29:19,29:22,38:11,story[1]-7:1 38:14,41:19,41:21, set[4]-8:7,24:13,six-inch[2]-8:14, 12:17,23:13,24:1, 47:11 35:11,49:16 17:12 street[s]-15:8, 24:2,24:11,24:12, responsibility[1]- setting[1]-14:22 size[3]-6:11,22:16, 15:14, 16:17,28:1, 25:19,26:6,26:19 itosh Reporting Service 815. 993 . 2832 cms .vitosh@gmail .com 56 PZC - April 11, 2018 - Public Hearings tends[2]-10:21, 43:2,45:21 vote[6]-4:15,19:10, 1:6 10:22 two-foot[5]-11:6, 21:12,21:16,23:14, Yorkville[12]-1:16, testified[3]-5:20, 13:12, 17:8,17:13 47:18 5:9,5:17,30:6,30:8, 7:7,39:12 type[1]-18:10 38:1,38:19,39:5, testify[1]-3:15 types[1]-46:6 W 39:23,40:16,42:10, testimony[4]-3:8, typically[1]-34:3 45:19 3:11,4:2,47:14 Yorkville's[1]-37:16 text[1]-30:9 U waiting[1]-25:21 YOUNG[12]-4:16, wants[1]-7:16theater[1]-13:23 4:19,4:21,4:23,5:1, Wednesday[1[-1:19thereof[2]-49:12, 5:3,47:20,47:22, 49:16 U.S[1]-39:3 Weis[2]-6:8,7:9 47:24,48:2,48:4, they've[1] 27:6 under[s]-12:1,36:2, WEIS[53]-7:6,7:9,48:6 thinking[z]-15:11,36:5,49:12,49:14 9:12,9:18,9:22,Young[1]-2:14 27:18 Unit[2]-5:11,38:21 10:8,10:11, 10:14, third[1]-38:16UNITED[1]-1:5 11:2,11:4,11:9,z thousand[1] 33:19 United[4]-5:9,30:6, 11:17,11:22,12:3, three[s]-3:4,7:24,30:7,38:19 12:6,12:12,13:3, 11:11,17:13,24:1, unless[i]-21:19 13:10,13:13,13:18, zero[i]-16:14 25:14,34:9,34:13, up[23]-6:19,7:20, 14:14,16:6,17:5, ZONING[1]-1:9 43:1 8:14,9:21, 14:22, 17:19,18:3, 18:13, Zoning[1]-3:6 today[1]-6:4 16:12, 19:10,19:11, 18:15,18:19,18:23, together[z]-14:18,21:4,23:9,24:13, 19:7,19:21, 19:24, 40:9 29:2,32:23,33:1,20:9,20:22,21:6, 33:18,33:21,34:24, 22:16,22:19,22:24, tonight[3]-3:10,4:3, 35:6 38:7,42:19,43:11, 23:2,24:3,24:5, tonight's[3]-3:5, 44:6,46:14,46:19 24:7,24:11,24:21, 3:21,47:15 upfront[1]-34:20 25:3,25:11,25:18, top[15[-7:19,8:1,upgrade[2]-9:2,46:9 26:8,26:13,26:24, 8:17,8:18,14:14, uppermost[1]-10:6 27:9,27:12,29:12 17:4, 17:12,18:4, user[1]-24:14 welding[1]-14:18 west[1]-39:3 18:13,22:5,27:11, 28:11,28:14,29:1 V westbound[1]-16:21 topper 0]-17:13 whereas[1]-23:11 WHEREUPON[1]- tops[1]-18:3 vacant[2]-25:9,3:1 total[2]-36:14,36:22 25:19 white[2]-45:14 touching[1]-11:12 value[2]-29:11 whole[2]-7:21, 12:24 tough[2]-7:22,40:2 various[1]-34:4 WILLIAM[1]-39:11 tower[2]-15:16, version[1]-21:18 William[1]-39:14 16:19 versus[1]-15:9 wind[2]-7:20,19:1 town[2]-6:3,37:22 vertical[1]-45:16 windows[1]-44:17 townhome[1]-43:15 view[1]-17:1 wish[1]-3:12 townhomes[1]-47:4 viewing[1]-12:13 wishing[1]-3:15townhouses[1]- Vinyard[3]-2:7,4:21, witnesses[1]-3:24 13:23 47:22 wood[1]-46:2 traffic[1]-16:21 VINYARD[26]-4:12, Woods[1]-45:20 Trail[1]-39:4 4:22,11:3, 11:5,word[1]-16:22 transcribed[1]-49:4 11:10, 11:21, 12:2, worded[1]-20:9 transcript[2]-49:8,12:5,12:11,12:18, world[1]-23:10 49:11 13:4,13:11,13:17, written[1]-31:11 transparent[2]- 13:20,20:18,22:14, 31:17,35:15 23:23,24:10,24:24, ytrim[1]-17:4 25:5,25:8,25:17, true[1]-49:7 27:14,28:19,47:16, try[1]-19:3 47:23 yards[1]-12:24 trying[1]-40:19 vinyl[7]-42:11, year[1]-35:22 two[16]-5:13,7:13, 42:13,45:4,46:1, years[6]-8:8,8:9, 8:11,8:12,11:6, 46:8,46:15,46:16 10:19,31:10,40:8, 11:15,13:1,13:12, Vit 0]-10:21 42:14,45:11,45:21 14:1,17:8,17:13, Vitosh[2]-49:3, YORKVILLE[2]-1:5, 25:14,27:9,36:16, 49:20 llitosh Reporting Service 815. 993 .2832 cms .vitosh@gmail. com BACKGROUND & PROJECT DESCRIPTION: The applicant, BAP Power Corporation dba Cenergy Power, is requesting special use permit approval to install and operate a ground mounted community solar field on approximately 9.69 acres of land consisting of roughly 7,000 solar modules with a maximum height of seven (7) feet at full tilt as illustrated in the map below: The subject property is currently zoned Planned Unit Development (PUD) with an underlying zoning of B-3 General Business District and R-4 General Multi-Family Residence District, as part of the Windmill Farm PUD approved in 2008 per Ordinance 2008-40. Per Exhibit “E” of Ord. 2008-40 granting Annexation and Planned Unit Development approval for the Windmill Farms development, the approximately 91-acre site, of which the subject property is included, was to be developed as with mixed residential and commercial land uses. The annexation and concept PUD plan were the only approvals granted for the Windmill Farm development. The property has remained vacant and unplatted since the original approvals in 2008. Since that time the the parcels owned by the previous developer were foreclosed upon by the bank. The previously approved concept plan and the most recent ownership of the parcels within the Windmill Farms developed are illustrated on the maps below: Memorandum To: Economic Development Committee From: Krysti J. Barksdale-Noble, Community Development Director Date: April 16, 2018 Subject: PZC 2018-08 BAP Power Corp. – Windmill Farms PUD Freestanding Solar Energy System (Special Use Permit) The current owners of parcels #8, #12 and #13 is the Oswego Family Church (Restore Church Inc.), who plan to renovate the existing building on parcel #12 for a new worship facility. Restore Church Inc. has agreed to lease a portion of parcel #13 to the petitioner, BAP Power, for the proposed solar farm use. As proposed, the use is defined in the Yorkville Zoning Ordinance as a “solar farm” which consists of more than one freestanding solar energy system on a given site, constructed for the commercial generation of electrical power. Solar Farms are permitted as Special Uses in all zoning districts. Due to the existing Windmill Farms PUD, staff recommends the Special Use request will be subject to an amended annexation agreement and the repeal of the existing Planned Unit Development concept plan prior to the issuance of a building permit to construct the alternative energy solar system. Staff understands that Restore Church Inc. will be submitting a request for amended annexation and repeal of the existing PUD concept plan within the near future. The need to move ahead of that process for the approval of the Special Use for the freestanding solar farm system is to position the property for funding through the upcoming Community Solar program administered through the State of Illinois and Commonwealth Edison. Per Section 10-4-9 of the Zoning Ordinance, in any case where a special use has been granted, such approval shall become null and void unless it is in place and in active use within three (3) years of the date of issuance. If the property owner fails to secure the amended annexation agreement and repeal of the existing Planned Unit Development leading to the delay in issuing the building permit for the installation of the solar farm system, the special use will automatically be revoked upon the third year from the date of approval. EXISTING CONDITIONS: The existing zoning and land use for properties surrounding the subject property are as indicated below: Zoning Land Use North A-1 Agriculture Unincorporated Kendall County (Farm Land)/IL Rte 71 South A-1 Agriculture Unincorporated Kendall County (Landscape Business) East A-1 Agriculture Unincorporated Kendall County (Farm Land) West Windmill Farm PUD Single Family Residential ALTERNATIVE ENERGY SYSTEMS REGULATIONS: On November 25, 2014, the City Council approved a new Zoning Ordinance update. As part of the updated Zoning Ordinance, specific zoning and regulatory criteria related to alternative energy systems was adopted. Chapter 19: Alternative Energy Systems of the approved new Zoning Ordinance identifies freestanding solar energy systems (FSES) as a special use within the all zoning districts and establishes regulations which were used in the review of this request.  The proposed solar farm would be required to meet the setback standards for the B-3 General Business District as well as the provisions under the Freestanding Solar Energy Systems regulations. Table 10.07.01 of Chapter 7 in the City’s Zoning Ordinance provides dimensions and bulk regulations for the B-3 General Business District.  Section 19-7-C of the Yorkville Zoning Ordinance states that freestanding solar energy systems shall not be located within the required front yard or corner side yard. Additionally, Section 19- 7-B of the Yorkville Zoning Ordinance states that all parts of any freestanding solar energy system shall be set back 8 feet from interior side and rear property lines.  The following chart illustrates the minimum required yard setbacks for solar systems based upon the B-3 District regulations and the Freestanding Solar Energy System requirements: Minimum Requirement Proposed Setback Front (IL Rte. 71) 50 feet Over 600 feet Rear 8 feet 40 feet Interior Side (East) 8 feet 20 feet Interior Side (West) 8 feet Approx. 66 feet Height Overall height of solar module units is shown on the section of the Typical Ground Mount Rack as 7’-0” maximum (Image No. 3 on Proposed Solar Power Installation plan Sheet SP-1 dated last revised 04- 04-18). Per Section 10-19-7 of the Zoning Ordinance regarding Alternative Energy Systems for freestanding solar units, the minimum clearance between the lowest point of the system and the surface on which the system is mounted is ten feet (10’). The plans provided indicate a minimum clearance of three feet (3’). It is the petitioner’s desire to have the racking units as visually unobtrusive as possible by having the solar system no taller than the height of the perimeter fencing (discussed further below). Additionally, it is current industry standard to have a minimum of 3-4 foot clearance from the grade, according to the petitioner. Staff supports this request. Glare Per Section 10-19-7-E of the Zoning Ordinance regarding Alternative Energy Systems for freestanding solar units, the panels are to be placed such that the concentrated solar radiation or glare does is not directed onto nearby properties or roadways. The petitioner has provided the distance, in linear feet, of the closest solar module to the nearest neighboring property with a building and roadway on the revised Site Plan. According to the plan, the nearest building to the solar system racking units will be approximately 110 feet away and the nearest roadway (Illinois Route 126/Schoolhouse Road) is approximately 144 feet from the solar system racking units. It is not anticipated the system would cause glare to the adjacent buildings located to the south, as the units at maximum tilt will be pointed towards the east. It is also not expected that the glare from the racking units will affect the nearby roadways due to the distance and the heavy foliage located to the west between the proposed solar field and the roadway. Staff supports the proposed location of the solar racks in an effort to mitigate potential glare concerns. Fencing A dimensioned section detail has been provided for the proposed perimeter fence which is a 7 foot high vinyl coated chain link fence for the rear and side yards. Since the proposed solar field is not situated within the required front yard (north) of the property, the petitioner is permitted to continue the proposed fencing along this perimeter as well. However, staff recommends a solid wood fence along the northern perimeter line in addition to a landscape buffer along the southern fence line adjacent to the existing landscape business, to soften the view of the expanse of vinyl fencing. Accessory Use Section 19-4-D states that alternative energy systems shall be an accessory to the principal permitted use. The ownership of the property will remain with Restore Church and the land lease for the solar farm is for approximately 10 years. Once the PUD has been repealed, the parcels owned by the church may be consolidated and this use will be accessory to the primary church use of the property. Signage Section 19-4-F states that no commercial signage or attention getting device is permitted on any alternative energy system. The petitioner is not proposing any attention getting devises or commercial signage on the external face of the fence with the exception of a small identification name plate less than four (4) square feet in area which is exempt from the sign ordinance. Utility Service Provider Per Section 10-19-4-G of the Zoning Ordinance regarding Alternative Energy Systems for freestanding solar units, evidence must be provided that the electric utility service provider which services the site has been notified of the owner’s intent to install an interconnected energy system. The petitioner has provided documentation which is included in the packet. Abandoned Systems In the Zoning Ordinance, Section 10-19-4-E states all alternative energy systems inactive or inoperable for a period of 12 continuous months shall be deemed abandoned and the owner is required to repair or remove the system from the property at the owner’s expense within 90 days of notice from the City. To ensure compliance, staff recommends the petitioner provide a security guarantee in a form acceptable to the City to cover such costs including, but not limited to the removal, property restoration, and city legal expenses, as a condition of the Special Use approval. In addition to the security, staff also recommends a blanket easement over the property to allow the City or its contractor to enter and remove the abandoned system in compliance with the City Code, as a condition of the Special Use approval. Engineering Review The City engineering consultant, EEI, has prepared the attached review comments in a letter dated April 6, 2018. The requested review comments will be included as conditions to the Special Use permit and address matters related to the building permit and site permit approval process. SPECIAL USE CRITERIA: Section 10-4-9-F of the City’s Zoning Ordinance establishes standards for special use requests. No special use shall be recommended by the Planning and Zoning Commission unless said commission shall find that: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the city council pursuant to the recommendations of the plan commission. The applicant has provided written responses to these special use standards as part of their application and requests inclusion of those responses into the public record. Additionally, the Planning and Zoning Commission must consider the following factors specific to freestanding solar energy systems (FSES) in determining whether to issue a special use permit above and beyond those factors referenced above (Section 10-19-4-C): 1. That the proposed energy system shall further the intent of Chapter 19: Alternative Energy Systems and provide renewable energy to the property on which it is proposed. 2. That the proposed alternative energy system is located in such a manner as to minimize intrusions on adjacent residential uses through siting on the lot, selection of appropriate equipment, and other applicable means. 3. That the establishment for the proposed alternative energy system will not prevent the normal and orderly use, development or improvement of the adjacent property for uses permitted in the district. STAFF COMMENTS & RECOMMENDATIONS: Staff is favorable of the proposed solar farm as a special use, subject to the following conditions: 1. The Special Use request will be subject to an amended annexation agreement and the repeal of the existing Planned Unit Development concept plan prior to the issuance of a building permit to construct the alternative energy solar system. 2. The minimum clearance between the lowest point of the system and the surface on which the system is mounted is three (3) feet. 3. A seven (7) foot tall solid wood fence be installed along the northern perimeter line in addition to a landscape buffer be provided along the southern fence line adjacent to the existing landscape business, to soften the view of the expanse of vinyl fencing. 4. The petitioner provide a security guarantee in a form acceptable to the City to cover such costs including, but not limited to the removal, property restoration, and city legal expenses and a blanket easement be provided over the property to allow the City or its contractor to enter and remove the abandoned system in compliance with the City Code. 5. Adherence to all comments prepared by EEI, city engineering consultant, in a letter dated April 6, 2018. PROPOSED MOTION: In consideration of testimony presented during a Public Hearing on May 9, 2018 and discussions conducted at that meeting, the Planning and Zoning Commission recommends approval to the City Council a request for Special Use authorization to construct a freestanding solar energy system (FSES), or solar farm, on a B-3 General Business District zoned property located in the southeast quadrant of IL Route 71 and IL Route 126 within the approved Windmill Farms PUD, as illustrated in Solar Power System Site Layout Plan prepared by Cenergy Power, dated 4-13-18, subject to staff recommendations in a memo dated April 16, 2018, and further subject to {insert any additional conditions of the Plan Commission}… Attachments: 1. Copy of Petitioner’s Application w/exhibits. 2. Solar Power System Site Layout prepared by Cenergy Power, dated 4-13-18. 3. EEI Review Letter dated April 16, 2018. 4. Copy of Public Notice. OHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHx x x x x x x x x x x x x xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx20'-0"20'-0"436'-10"20'-0"25'-0"25'-0"25'-0"20'-0" 722'-6"240'-4"581'-2"40'-0"26'-2"MIN.569'-5"20'-0"PROPERTY LINE (TYP.)EXISTING OVERHEAD LINE (TYP.)PROPOSED POIPROPOSED 20' WIDECHAIN LINK GATEPROPOSEDCHAIN LINKFENCE (TYP.)PROPOSED AC PAD(QTY.: 2 ea.)PROPOSED GROUND MOUNTSOLAR SITE71WING RDE SCHOOLHOUSE RD126601.75'798.00'252.00'387.25'429.10 '892.50'212.50'1230.70'1267.30'606.50'PARCEL NO. 05-03-300-015(35.76 AC.)(AREA OF MINIMAL FLOODHAZARD - ZONE X)PROJECT SITE AREA(WITHIN PERIMETERFENCE= 9.69 AC).110'-9"BUILDING 245'-2"BLDG144'-8"ROAD EXISTING BUILDINGEXISTING BUILDINGEXISTING BUILDING34" GRAVEL ROAD ACCESSTO EXISTING ACCESS ROADTURFGRASS IN FRONT OF THE HEDGESCONTINUOUS MIXED NATIVEHEDGE ALONG SOUTHERN BOUNDARY.HEDGES CANNOT EXCEED 5' ATMATURE HEIGHT TO MINIMIZE SHADINGTO SOLAR PANELS.20' LANDSCAPE BUFFERMIN. 20' GRAVEL ROADACCESS AROUND PERIMETERPROPOSED 7' HIGHVINYL COATEDCHAIN LINK FENCEFOR THE REAR ANDSIDE YARDS.* 1SOLAR MODULESSINGLE AXIS TRACKERWITH MAX. 60° TILT20'-0"MIN.13'-0"3'-0" MIN. 7'-0" MAX.NOTE 1: CENERGY TO COORDINATEPROPOSED FENCING FOR THE FRONTYARD WITH THE CITY OF YORKVILLE TOCOMPLY WITH ZONING ORDINANCE.CENERGY UNMATCHED CLEAN ENERGY A DIVISION OF BAP POWER CORPORATION SOLAR INSTALLATION RESTORE CHURCH INC.SOLAR POWER SYSTEM SITE LAYOUTVICINITY MAPPROJECT DATANOT TO SCALENTYPICAL GROUND MOUNT RACKNOT TO SCALENSP-1 SOLAR POWER SYSTEM SITE LAYOUT RESTORE CHURCH INC.YORKVILLE, IL 605601234SITEPARCEL NO. 05-03-300-015 (35.76 AC. TOTAL).MODULE: BOVIET, BVM6612M-350, 350W.TOTAL: 7,128 MODULES.TOTAL STRING: 396 (18 MODULES/STRING).TOTAL RACK: 76 RACKS (72 MODULES/RACK) 10 RACKS (54 MODULES/RACK) 31 RACKS (32 MODULES/RACK).INVERTER: 33 UNITS - SUNGROW STRING INVERTER SG60KU-M (60KW). RACKING SYSTEM: NEXTRACKER SINGLE AXIS TRACKER (GCR = 50%).FENCE: 6' HIGH CHAIN LINK & 1' OF 3 STRANDS BARBED WIRE.TOTAL AREA: 9.69 ACRES (APPROX. INSIDE PERIMETER FENCE).TOTAL CAPACITY: 2,494.8000 KW-DC (STC)1,980.0000 KW-AC (NAMEPLATE)PROPOSED SOLAR POWER INSTALLATION Landscaping Plan - Restore Church Inc. Community Solar Project 1. The Project BAP Power Corporation dba Cenergy Power (“Developer”) is developing a 2.494 megawatt (“MW”) direct current (“DC”)/ 1.98 MW alternative current (“AC”) photovoltaic (“PV”) ground mounted community solar project (“Project”) located near Route 71 and Highway 126 in Yorkville, IL 60560 (PIN 05-03-300-015) (“Project Site”). The Project Site is currently owned by Restore Church Inc. and designated as “PUD – Planned Unit Development” by Yorkville. The Project Site will sit on approximately 9.7 acres. 2. Landscaping Plan Pursuant to the Yorkville letter dated 4/13/18, please see the landscaping plan attached as Exhibit A. As requested by Yorkville, Developer intends to place native grass and hedges (per Yorkville zoning ordinance section 8-12-1) along the southern boundary of the Project Site. Developer will maintain a minimum 20' buffer between the hedges and the landscaping business directly south of the Project Site. Developer also intends to build 20' access roads from the Project Site's gate entrance on the southwest side off the Project Site into the Project Site. These access roads will be built using approximately 5-6" of 3/4" crushed rock. Inside the Project Site fence and between the solar array rows, Developer will allow natural vegetation to grow. Developer will utilize pre-emergent at construction completion for weed abatement. In addition, as part of the routine maintenance of the Project Site, Developer will also conduct weed abatement up to 2 times per year. Please see photos below for a similar project in size and scope to this proposed Project Site which demonstrates the natural vegetation and access roads inside the Project Site fenced area. 5 INVOICE & WORKSHEET PETITION APPLICATION CONTACT: DEVELOPMENT/ PROPERTY: ____________________________________ ________________________________________ _____________________________________ Acreage: ______________ _____________________________________ Date: _____________ Concept Plan Review: [ ] Yes [ ] No $____________ Engineering Plan Review Deposit of $500 due Amendment:[ ] Yes [ ] No $____________ $500.00 Fee due for each: (Annexation) (Plan) (Plat) (PUD) Annexation: [ ] Yes [ ] No $____________ $250.00, plus $10/acre for each acre over 5. # of acres: ________ - 5 = ________ x $10 = ________ + $250 Rezoning: [ ] Yes [ ] No $____________ $200.00, plus $10/acre for each acre over 5. # of acres: ________ - 5 = ________ x $10 = ________ + $200 If annexing and rezoning, charge only 1 per acre fee. If rezoning to a PUD, charge PUD Development Fee- not Rezoning Fee. Special Use: [ ] Yes [ ] No $____________ $250.00, plus $10/acre for each acre over 5. # of acres: ________ - 5 = ________ x $10 = ________ + $250 Zoning Variance: $85.00 [ ] Yes [ ] No $____________ Outside Consultants deposit of $500.00 due Preliminary Plan Fee:$500.00 [ ] Yes [ ] No $____________ P.U.D. Fee:$500.00 [ ] Yes [ ] No $____________ Final Plat Fee:$500.00 [ ] Yes [ ] No $____________ Engineering Plan Review Deposit:[ ] Yes [ ] No $____________ [ ] Less than 1 acre = $1,000 due [ ] Over 1 acre and less than 10 acres = $2,500 due [ ] Over 10 acres and less than 40 acres = $5,000 due [ ] Over 40 acres and less than 100 acres = $10,000 due [ ] Over 100 acres = $20,000 due Outside Consultants Deposit: [ ] Yes [ ] No $____________ Legal, Land Planner, Zoning Coordinator, Environmental Services Annexation, Subdivision, Rezoning, and Special Use: [ ] Less than 2 acres = $1,000 due [ ] Over 2 acres and less than 10 acres = $2,500 due [ ] Over 10 acres = $5,000 due TOTAL AMOUNT DUE: $____________ Word/ O Drive/ Dev. Dep. ARO/ Fee Sheet Wkst United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 ; ; ;    6 Name of Holder of Legal Title If Legal Title is held by a Land Trust, list the names of all holders of any beneficial interest therein: Property Street Address Description of Property’s Physical Location Zoning and Land Use of Surrounding Parcels Current Zoning Classification Kendall County Parcel Number(s) of Property North East South West Application For Special Use Name of Applicant(s) Business Address City State ZIP Business Phone Business Fax Business Cell Business E-mail Applicant Information STAFF USE ONLY Date of Submission PC# Development Name Property Information %$3 3RZHU &RUSRUDWLRQ '%$ &HQHUJ\ 3RZHU  /LRQVKHDG $YH &DUOVEDG &$   PLPRWR#FHQHUJ\SRZHUFRP 5HVWRUH &KXUFK ,QF 1$ 1HDU &RUQHU RI :LQJ 5RDG DQG ( 6FKRROKRXVH 5G <RUNYLOOH ,O  3URSHUW\ LV ORFDWHG EHWZHHQ /RFDO +LJKZD\  6WDJH &RDFK 7UDLO DQG /RFDO +LJKZD\  ( 6F 3,1   7D[ &RGH .(  &ODVV  3,1   7D[ &RGH .(  &ODVV  3,1   % *(1(5$/ %86,1(66 ',675,&7 3,1   % 3/$11(' 81,7 '(9(/230(17 %  3/$11(' 81,7 '(9(/230(17  Application For Special Use 7 Agreement Attorney Name Address City State ZIP Phone Fax E-mail Engineer Name Address City State ZIP Phone Fax E-mail Land Planner/Surveyor Name Address City State ZIP Phone Fax E-mail Additional Contact Information Attachments Applicant must attach a legal description of the property to this application and title it as “Exhibit A”. Applicant must list the names and addresses of any adjoining or contiguous landowners within 500 feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as “Exhibit B”. 1$ %$3 3RZHU &RUSRUDWLRQ '%$ &HQHUJ\ 3RZHU  /LRQVKHDG $YH &DUOVEDG &$   PLPRWR#FHQHUJ\SRZHUFRP 1$ Please see Site Plan attached as "Exhibit C". Application For Special Use Please state how the establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare: Please state how the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood: Please state how the establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district: Please state how adequate utilities, access roads, drainage or other necessary facilities have been or are being provided: 8 Special Use Standards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¶V QDWXUDO VWRUP ZDWHU UXQRII SRVW FRQVWUXFWLRQ . 10 United City of Yorkville County Seat of Kendall County 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us Development/Property Address: Project No.: FOR CITY USE ONLY Fund Account No.: FOR CITY USE ONLY Petition/Approval Type: check appropriate box(es) of approval requested ‰ Concept Plan Review ‰ Amendment (Text) (Annexation) (Plat) ‰ Annexation ‰ Rezoning ‰ Special Use ‰ Mile and ½ Review ‰ Zoning Variance ‰ Preliminary Plan ‰ Final Plans ‰ P.U.D. ‰ Final Plat Petitioner Deposit Account Fund: It is the policy of the United City of Yorkville to require any petitioner seeking approval on a project or entitlement request to establish a Petitioner Deposit Account Fund to cover all actual expenses occurred as a result of processing such applications and requests. Typical requests requiring the establishment of a Petitioner Deposit Account Fund include, but are not limited to, plan review of development approvals/engineering permits. Deposit account funds may also be used to cover costs for services related to legal fees, engineering and other plan reviews, processing of other governmental applications, recording fees and other outside coordination and consulting fees. Each fund account is established with an initial deposit based upon the estimated cost for services provided in the INVOICE & WORKSHEET PETITION APPLICATION. This initial deposit is drawn against to pay for these services related to the project or request. Periodically throughout the project review/approval process, the Financially Responsible Party will receive an invoice reflecting the charges made against the account. At any time the balance of the fund account fall below ten percent (10%) of the original deposit amount, the Financially Responsible Party will receive an invoice requesting additional funds equal to one-hundred percent (100%) of the initial deposit if subsequent reviews/fees related to the project are required. In the event that a deposit account is not immediately replenished, review by the administrative staff, consultants, boards and comm issions may be suspended until the account is fully replenished. If additional funds remain in the deposit account at the completion of the project, the city will refund the balance to the Financially Responsible Party. A written request must be submitted by the Financially Responsible Party to the city by the 15th of the month in order for the refund check to be processed and distributed by the 15th of the following month. All refund checks will be made payable to the Financially Responsible Party and mailed to the address provid ed when the account was established. ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY Name/Company Name: Address: City: State: Zip Code: Telephone: Mobile: Fax: E-mail: Financially Responsible Party: I acknowledge and understand that as the Financially Responsible Party, expenses may exceed the estimated initial deposit and, when requested by the United City of Yorkville, I will provide additional funds to maintain the required account balance. Further, the sale or other disposition of the property does not relieve the individual or Company/Corporation of their oblig ation to maintain a positive balance in the fund account, unless the United City of Yorkville approves a Change of Responsible Party and transfer of funds. Should the account go into deficit, all City work may stop until the requested replenishment deposit is received. Print Name:________________________________________________ Title:________________________________________________ Signature*: ________________________________________________ Date: ________________________________________________ *The name of the individual and the person who signs this declaration must be the same. If a corporation is listed, a corporate officer must sign the declaration (President, Vice-President, Chairman, Secretary or Treasurer) FOR CITY USE ONLY ACCOUNT CLOSURE AUTHORIZATION: Date Requested: ________________________________________________ ܻ Completed ܻ Inactive Print Name: __________________________________________________ ܻ Withdrawn ܻ Collections Signature: ____________________________________________________ ܻ Other DEPARTMENT ROUNTING FOR AUTHORIZATION: ܻComm Dev. ܻBuilding ܻEngineering ܻFinance ܻAdmin. Petitioner Deposit Account / Acknowledgment of Financial Responsibility ✔ %$3 3RZHU &RUSRUDWLRQ  /LRQVKHDG $YH &DUOVEDG &$  ZSKDP#FHQHUJ\SR :LOOLDP 3KDP &(2  Subject Property IL APN: 05-03-300-015 Prepared For: Data Provided By: Frank Green Requested By: mike Imoto Cenergy Power Email: mimoto@cenergypower.com © 2018 CoreLogic. All rights reserved Data Provided By: Frank Green Disclaimer This REiSource report is provided "as is" without warranty of any kind, either express or implied, including without limitations any warrantees of merchantability or fitness for a particular purpose. There is no representation of warranty that this information is complete or free from error, and the provider does not assume, and expressly disclaims, any liability to any person or entity for loss or damage caused by errors or omissions in this REiSource report without a title insurance policy. The information contained in the REiSource report is delivered from your Title Company, who reminds you that you have the right as a consumer to compare fees and serviced levels for Title, Escrow, and all other services associated with property ownership, and to select providers accordingly. Your home is the largest investment you will make in your lifetime and you should demand the very best. © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Subject Property :    IL Owner Information Owner Name :Restore Church Inc Mailing Address :5498 Us Highway 34, Oswego IL 60543 R025 Vesting Codes :/ / Corporation Location Information Legal Description :Sec 3-36-7 County :Kendall, Il APN :05-03-300-015 Township-Range- Sect :36N-07E-03 Munic/Township :Kendall Twp Owner Transfer Information Recording/Sale Date :10/17/2017 / 09/07/2017 Deed Type :Special Warranty Deed Document # :16528 1st Mtg Document # :16529 Last Market Sale Information Recording/Sale Date :10/16/2006 / 08/30/2006 Deed Type :Trustee Deed Sale Price :$2,802,000 Price Per SqFt :$1.79 Document # :33258 Title Company :Nationwide Title Seller Name :Trust 9450 Prior Sale Information Prior Rec/Sale Date :05/27/2005 / 04/13/2005 Prior Doc Number :14668 Prior Sale Price :$1,374,000 Prior Deed Type :Quit Claim Deed Property Information Land Use :Agricultural Land Lot Acres :35.76 Lot Size :1,557,706 County Use :Farm Land 20g Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Tax Information Total Value :$6,110 Assessed Year :2016 Property Tax :$681.26 Land Value :$6,110 Tax Year :2016 Tax Rate Area :KE Total Taxable Value : $6,110 Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Note: Refer to the property reports recorded documents Sales History Rec. Date :  10/17/2017 04/24/2017 05/04/2012 05/04/2012 Sale Date :  09/07/2017 04/03/2017 04/16/2012 04/16/2012 Sale Price :  $4,000,000 Rec.Doc.No :  16528 6075 8082 8081 Doc. Type :  SPECIAL WARRANTY DEED DEED (REG)SHERIFF'S DEED CERTIF OF SALE-SHERIFF/ MARSHAL Sale Price Type :   Buyer :  Restore Church Inc Synergy Property Holdings Llc Standard Bk & Trust Standard Bk & Trust Seller :  Synergy Property Holdings Llc First Midwest Bk Sheriff Of Kendall County Sheriff Of Kendall County Title Company :  Attorney Only Other Attorney Only Attorney Only Other Doc No :      -------------------------------------------------------------------------------------------------------------------------------------------- Rec. Date :  10/16/2006 05/27/2005 09/30/1996 Sale Date :  08/30/2006 04/13/2005 Sale Price :  $2,802,000 $1,374,000 Rec.Doc.No :  33258 14668 10023 Doc. Type :  TRUSTEE DEED QUIT CLAIM DEED GRANT DEED Sale Price Type :   Buyer :  Trust 19589 Trust 9450 Trust 122132-03 Seller :  Trust 9450 Trust 6817 Inland Land Appreciation Fund Title Company :  Nationwide Title Attorneys Title Guaranty Fund Other Doc No :      -------------------------------------------------------------------------------------------------------------------------------------------- Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Note: Refer to the property reports recorded documents Mortgage History 1st Mortgage Details Mtg. Date :  10/17/2017 Mtg. Amt :  $309,000 Mtg. Doc. No :  16529 Doc. Type :  MORTGAGE Loan Type :  CONVENTIONAL Mtg. Rate Type :   Mtg. Term :  5 Years Mtg. Rate :   Lender :  Old Second Nat'l Bk Borrower 1 :  Restore Church Inc Borrower 2 :   Borrower 3 :   Borrower 4 :       Foreclosure History Doc Type :  LIS PENDENS Recording Date :  01/09/2012 Fore. Doc. No :  485 Orig Mtg Amt :   Orig Doc Date :   Lender Name :   Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Sales Document Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Loan Document Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Foreclosure Document Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved Customer Name : mike Imoto Customer Company Name : Cenergy Power Prepared On : 03/21/2018 © 2018 CoreLogic. All rights reserved No additional documents uploaded. Special Use Permit – Restore Yorkville CS – Community Solar Project – Project Description Project Overview BAP Power Corporation dba Cenergy Power (“Developer”) requests a special use permit from the City of Yorkville (“Yorkville”) for a 2.494 megawatt (“MW”) direct current (“DC”)/ 1.98 MW alternative current (“AC”) photovoltaic (“PV”) ground mounted community solar project (“Project”) located near Route 71 and Highway 126 in Yorkville, IL 60560 (Yorkville PIN 05-03- 300-015) (“Project Site”). The Project Site is currently owned by Restore Church Inc. and designated as “PUD – Planned Unit Development” by Yorkville. a. Existing Site Conditions The Project Site is flat and is not within any known areas which would cause zoning issues for the development of the Project (i.e. within flood or wetland zones). Developer has researched Kendall County’s GIS and the Project Site is not in a historical flood zone or wetland area. The Project Site is currently in use as farmland and being farmed for soybeans. b. Proposed Modifications to the Site Developer proposes to build a single axis tracking PV system on the Project Site within a fenced area of 9.69 acres. See Exhibit C for site plan. Our standard solar system has a maximum height from grade level of seven (7) feet. The panels will slowly move from east to west throughout the day tracking the sun. The solar system will be not be operational and will not move at night. There is minimal noise impact of the solar system. The Project will also be fenced in with a perimeter chain-linked fence that will have a height of 6 to 7 feet. Based on our initial site survey, the Project will not require any grading. After we clear the land in preparation for construction, the Project will only disturb the land within the fenced area with: (i) pile-driven posts to support the Project’s racking system and solar modules, (ii) four utility poles that will rise up to approximately 30 feet high, (iii) a concrete equipment pad with dimensions of approximately 11 feet x 27 feet, and (iv) a class 2 service road base having a width of about 15-20 feet running along the interior perimeter of the fence. Access to the Project Site will be via a gate on the southwest side of the Project Site (off of Highway 126). There is expected to be minimal erosion and sediment during construction as well as minimal impact to the site’s natural storm water runoff post construction. Developer will employ standard solar PV modules, each with dimensions of less than 4 feet x 7 feet x 0.2 feet. Such modules will be placed on a galvanized steel racking system with bolts and screws. No welding or material cutting of equipment will be done at the Project Site. The Project will utilize smart string inverters that will hang on the racking system with dimensions of approximately 2 feet x 3 feet x 1 feet. These inverters are used to convert DC power from the modules to AC power to the utility transformer at 480 volts. The solar power generation from the project will be sold by Developer to local entities on a virtual basis (i.e. school districts, water districts, businesses) through the upcoming community solar program administered by the state of Illinois and Commonwealth Edison. EXHIBIT A LEGAL DESCRIPTION PIN NUMBER 05-03-300-015, 05-03-300-025, 05-03-300-026 COMMON ADDRESS Vacant land adjacent to IL Rt 71 and Wing Rd in Yorkville, IL PARCEL 1 THAT PART OF THE NORTHEAST. NORTHWEST AND SOUTHWEST QUARTERS OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST 1/4, THENCE SOUTH 00 DEGREE 10 MINUTES 48 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4 1284 36 FEET, THENCE SOUTH 89 DEGREES 29 MINUTES 40 SECONDS WEST 680 30 FEET, THENCE NORTH 09 DEGREES 33 MINUTES 27 SECONDS WEST 10 0 FEET FOR A POINT OF BEGINNING. THENCE NORTH 09 DEGREES 33 MINUTES 27 SECONDS WEST 579 53 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO ELSIE BOYD BY A DEED DATED MARCH 25, 1929 AND RECORDED DECEMBER 14, 1938 IN DEED RECORD BOOK 88 ON PAGE 399, THENCE NORTH 09 DEGREES 05 MINUTES 24 SECONDS WEST ALONG THE EAST LINE OF SAID BOYD TRACT 748 57 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO 71, THENCE NORTHEASTERLY ALONG SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 11,459 20 FEET AND A RADIAL BEARING OF NORTH 26 DEGREES 49 MINUTES 16 SECONDS WEST AT THE LAST DESCRIBED POINT 627 46 FEET, THENCE NORTH 60 DEGREES 02 MINUTES 30 SECONDS EAST ALONG SAID CENTER LINE 332 0 FEET, THENCE SOUTH 12 DEGREES 27 MINUTES 30 SECONDS EAST 264 0 FEET, THENCE SOUTH 84 DEGREES 27 MINUTES 30 SECONDS EAST 202 0 FEET, THENCE NORTH 00 DEGREES 42 MINUTES 30 SECONDS WEST 423 02 FEET TO SAID CENTER LINE, THENCE NORTH 60 DEGREES 02 MINUTES 30 SECONDS EAST ALONG SAID CENTER LINE 472 59 FEET TO A LINE DRAWN NORTH 00 DEGREES 10 MINUTES 48 SECONDS EAST PARALLEL WITH THE WEST LINE OF SAID NORTHEAST 1/4, FROM A POINT ON THE SOUTH LINE OF SAID NORTHEAST 1/4 WHICH IS 598 62 FEET EASTERLY OF THE SOUTHWEST CORNER OF SAID NORTHEAST 1/4, THENCE SOUTH 00 DEGREES 10 MINUTES 48 SECONDS WEST ALONG SAID PARALLEL LINE 880 56 FEET TO SAID SOUTH LINE. THENCE SOUTH 89 DEGREES 34 MINUTES 48 SECONDS WEST ALONG SIAD SOUTH LINE 598 62 FEET TO SAID SOUTHWEST CORNER, THENCE SOUTH 00 DEGREES 10 MINUTES 48 SECONDS WEST ALONG SAID EAST LINE 1275 36 FEET TO A LINE DRAWN SOUTH 89 DEGREES 40 MINUTES 33 SECONDS EAST FROM THE POINT OF BEGINNING, THENCE NORTH 89 DEGREES 40 MINUTES 33 SECONDS WEST 681 94 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS (EXCEPTING THEREFROM THAT PART IN THE NORTHEAST QUARTER OF SECTION 3. TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN) EXHIBIT B PROPERTY LIST OF ADJOINING OR CONTIGUOUS PARCELS PIN OWNER NAME ADDRESS 05-03-100-004 CHARLES MACKINNON & ROBERTA RICHMOND LIV TR 801 WARRENVILLE RD #150, LISLE IL 60532-4328 C022 05-03-200-001 CHARLES MACKINNON, & , ROBERTA RICHMOND LIV TR 801 WARRENVILLE RD #150, LISLE IL 60532-4328 C022 05-03-200-020 OSWEGO GOSPEL ASSEMBLY CHURCH 7090 US HIGHWAY 34, OSWEGO IL 60543-9171 R025 05-03-200-010 STEVEN J WALLIS, MARGARET WEILAND 8614 STATE ROUTE 71 YORKVILLE IL 60560 05-03-400-002 GEORGE E BLOCK 2801 W JEFFERSON ST, JOLIET IL 60435-5299 C023 05-03-300-010 GERARDO BARAJAS 8591 ROUTE 126 YORKVILLE IL 60560 05-03-300-009 GAIL BREWER 6670 WING RD YORKVILLE IL 60560 05-03-300-008 D'ARCY TERRANCE 6610 WING RD YORKVILLE IL 60560 05-03-300-033 RESTORE CHURCH INC DBA OSWEGO FAMILY CHURCH INC 5498 US HIGHWAY 34, OSWEGO IL 60543 R025 05-03-100-001 DEPARTMENT OF TRANSPORTATION 8755 STATE ROUTE 71 YORKVILLE IL 60560 EXHIBIT C [SITE PLAN ATTACHED] I have reviewed the original application for Special Use request provided March 23, 2018 as submitted by BAP Power Corporation, petitioner, as well as the supplemental information provided on April 5, 2018. The petitioner is seeking a special use authorization to construct a freestanding alternative energy system (solar farm) on approximately 9.69-acres of vacant land near IL Route 71 and IL Route 126 within the Windmill Farms Planned Unit Development (PUD). Included within the original application and the supplemental materials are as follows: 1) Application for Special Use w/attachments 2) Legal Description 3) Surrounding Property Owners 4) Proposed Solar Power Installation Site Plan dated 03/21/18 5) Cenergy Power response letter dated 04/04/18 6) Level 2 Interconnection Application Receipt with ComEd dated 03/14/18 7) Revised Site Plan prepared by Cenergy Power dated 04/04/18 Based upon my review of the application documents and materials, I have compiled the following comments (requests to the petitioner are underlined): Zoning & Land Use History • The subject property is currently zoned Planned Unit Development (PUD) with an underlying zoning of B-3 General Business District and R-4 General Multi-Family Residence District, as part of the Windmill Farm PUD approved in 2008 per Ordinance 2008-40. • Per Exhibit “E” of Ord. 2008-40 granting Annexation and Planned Unit Development approval for the Windmill Farms development, the approximately 91-acre site, of which the subject property is included, was to be developed as with mixed residential and commercial land uses. • The annexation and concept PUD plan were the only approvals granted for the Windmill Farm development. The property has remained vacant and unplatted since the original approvals in 2008. • The proposed use is defined in the Yorkville Zoning Ordinance as a “solar farm” which consists of more than one freestanding solar energy system on a given site, constructed for the commercial generation of electrical power. Solar Farms are permitted as Special Uses in all zoning districts. • The Special Use request will be subject to an amended annexation agreement and the repeal of the existing Planned Unit Development concept plan prior to the issuance of a building permit to construct the alternative energy solar system. It is staff’s understanding the the successor property owners will be submitting a request for amended annexation and repeal of the existing PUD concept plan within the near future. The need to move ahead of that process for the approval of the Special Use for the freestanding solar farm system is to position the property for funding Memorandum To: Plan Council From: Krysti J. Barksdale-Noble, Community Development Director Date: April 6, 2018 Subject: PZC 2018-08 BAP Power Corp. – Windmill Farms PUD Solar Farm (Special Use) through the upcoming community solar program administered through the State of Illinois and Commonwealth Edison. • Per Section 10-4-9 of the Zoning Ordinance, in any case where a special use has been granted, such approval shall become null and void unless it is in place and in active use within three (3) years of the date of issuance. If the property owner fails to secure the amended annexation agreement and repeal of the existing Planned Unit Development leading to the delay in issuing the building permit for the installation of the solar farm system, the special use will automatically be revoked upon the third year from the date of approval. The following are the current immediate surrounding zoning and land uses: Zoning Land Use North A-1 Agriculture Unincorporated Kendall County (Farm Land)/IL Rte 71 South A-1 Agriculture Unincorporated Kendall County (Landscape Business) East A-1 Agriculture Unincorporated Kendall County (Farm Land) West Windmill Farm PUD Single Family Residential Location on Site • The proposed solar farm would be required to meet the setback standards for the B-3 General Business District as well as the provisions under the Freestanding Solar Energy Systems regulations. Table 10.07.01 of Chapter 7 in the City’s Zoning Ordinance provides dimensions and bulk regulations for the B-3 General Business District. • Section 19-7-C of the Yorkville Zoning Ordinance states that freestanding solar energy systems shall not be located within the required front yard or corner side yard. Additionally, Section 19- 7-B of the Yorkville Zoning Ordinance states that all parts of any freestanding solar energy system shall be set back 8 feet from interior side and rear property lines. • The following chart illustrates the minimum required yard setbacks for solar systems based upon the B-3 District regulations and the Freestanding Solar Energy System requirements: Minimum Requirement Proposed Setback Front (IL Rte. 71) 50 feet Over 600 feet Rear 8 feet 40 feet Interior Side (East) 8 feet 20 feet Interior Side (West) 8 feet Approx. 66 feet • The proposed solar farm is located in the rear yard of the parcel and meets the minimum setback requirements for the proposed use. Height • Overall height of solar module units is shown on the section of the Typical Ground Mount Rack as 7’-0” maximum (Image No. 3 on Proposed Solar Power Installation plan Sheet SP-1 dated last revised 04-04-18). • Per Section 10-19-7 of the Zoning Ordinance regarding Alternative Energy Systems for freestanding solar units, the minimum clearance between the lowest point of the system and the surface on which the system is mounted is ten feet (10’). The plans provided indicate a minimum clearance of three feet (3’). Petitioner has provided a written narrative which is an acceptable response. Glare • Per Section 10-19-7-E of the Zoning Ordinance regarding Alternative Energy Systems for freestanding solar units, the panels are to be placed such that the concentrated solar radiation or glare does is not directed onto nearby properties or roadways. Petitioner has provided the distance, in linear feet, of the closest solar module to the nearest neighboring property with a building and roadway on the revised Site Plan. Fencing • A dimensioned section detail has been provided for the proposed perimeter fence. Staff recommends in addition to the fencing along the southern fence line adjacent to the existing landscape business, a landscape buffer to soften the view of the expanse of vinyl fencing. Accessory Use • Section 19-4-D states that alternative energy systems shall be an accessory to the principal permitted use. Please confirm the proposed solar farm will be accessory to the Oswego Family Christian Church use. Signage • Section 19-4-F states that no commercial signage or attention getting device is permitted on any alternative energy system. Please confirm that the proposed use will not have any signage located on the solar farm or the surrounding fence. Utility Service Provider • Per Section 10-19-4-G of the Zoning Ordinance regarding Alternative Energy Systems for freestanding solar units, evidence must be provided that the electric utility service provider which services the site has been notified of the owner’s intent to install an interconnected energy system. Petitioner has provided documentation. Landscape Ordinance • It was noted in the project narrative that the site will need to be cleared in preparation for the installation of the panels. Per Section 8-12-2-H of the Landscape Ordinance, a Tree Preservation Plan is required for all lots five (5) acres or greater in area. No live trees with a four inch (4”) DBH (diameter breast height) may be removed without first submitting an application for tree removal and receiving approval from the City. Please provide, if required. • Please refer to the following link to the Landscape Ordinance for additional information: http://www.sterlingcodifiers.com/codebook/index.php?book_id=415 Abandoned Systems • Section 10-19-4-E states all alternative energy systems inactive or inoperable for a period of 12 continuous months shall be deemed abandoned and the owner is required to repair or remove the system from the property at the owner’s expense within 90 days of notice from the City. To ensure compliance, we will require a security guarantee in a form acceptable to the City to cover such costs including, but not limited to the removal, property restoration, and city legal expenses. This will be a condition of the Special Use approval. • In addition to the security, the City will also require a blanket easement to allow the City or its contractor to enter and remove the abandoned system in compliance with the City Code. This will be a condition of the Special Use approval. April 2, 2018 Mr. William Pham CEO BAP Power Corporation VIA E-MAIL (wpham@cenergypower.com) 3176 Lionshead Avenue Carlsbad, CA 92010 RE: BAP Power Corporation - Windmill Farms – SE Quadrant of IL 71 & IL 126 Follow-up Letter for Special Use Permit Application for a Solar Farm Dear Mr. Pham, Staff has reviewed your submitted application for the above-referenced project and found deficiencies in needed information/documentation before the application can be deemed complete. Please provide the additional information requested below in order to advance to the next regularly scheduled meeting in the process: 1. Differentiation of the property’s boundary lines in a bolder line and solid black color on the Site Plan for ease in determining the setback distances. 2. Overall height of solar module units must be shown on the section of the Typical Ground Mount Rack (Image No. 3 on Proposed Solar Power Installation plan Sheet SP-1 dated last revised 3-21- 18). This information was provided in the narrative of the project description, but is also required to be illustrated on the proposed plan. 3. Per Section 10-19-7-E of the Zoning Ordinance regarding Alternative Energy Systems for freestanding solar units, the panels are to be placed such that the concentrated solar radiation or glare does is not directed onto nearby properties or roadways. While information on the orientation of the panels tilt has been provided in the project narrative, please provide the distance, in linear feet, of the closest solar module to the nearest neighboring property with a building and roadway on the Site Plan. 4. A dimensioned section detail is required for the proposed perimeter fence. Note that Section 10-17- 2 of the Zoning Ordinance regarding Fencing and Screening prohibits the use of chain-link fencing, but allows for vinyl coated chain-link fencing only in the rear and side yards. Additionally, barbed wire is prohibited in Residential and Business zoned districts. 5. It was noted in the project narrative that the site will need to be cleared in preparation for the installation of the panels. Per Section 8-12-2-H of the Landscape Ordinance, a Tree Preservation Plan is required for all lots five (5) acres or greater in area. No live trees with a four inch (4”) DBH (diameter breast height) may be removed without first submitting an application for tree removal and receiving approval from the City. Please refer to the following link to the Landscape Ordinance for additional information: http://www.sterlingcodifiers.com/codebook/index.php?book_id=415 6. Per Section 10-19-4-G of the Zoning Ordinance regarding Alternative Energy Systems for freestanding solar units, evidence must be provided that the electric utility service provider which services the site has been notified of the owner’s intent to install an interconnected energy system. Please provide this documentation. United City of Yorkville County Seat of Kendall County 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 Website: www.yorkville.il.us 7. Per Section 10-19-7 of the Zoning Ordinance regarding Alternative Energy Systems for freestanding solar units, the minimum clearance between the lowest point of the system and the surface on which the system is mounted is ten feet (10’). The plans provided indicate a minimum clearance of three feet (3’). Please provide a written response and reasoning as to the requested distance. 8. Section 10-19-9-A-3 states prior to permit issuance, the owner shall sign an acknowledgement that said owner will be responsible for any and all enforcement costs and remediation costs resulting from any violations of that chapter. The costs include, but are not limited to, removal of system, property restoration upon removal of the system, city legal expenses and hearing costs associated with violations of that chapter. This will be a condition of the Special Use approval. Upon satisfactory receipt of the information requested by Friday, April 13, 2018, you will be placed on the next available Plan Council meeting. A revised tentative meeting schedule will be provided to you upon review of the completed application. Should you have any additional questions, please feel free to contact me at 630-553-8573, or via email: knoble@yorkville.il.us. Sincerely, Krysti J. Barksdale-Noble, AICP Community Development Director Encl. Cc: Chad Chahbazi, Cenergy Power (via e-mail) Michael Imoto, Cenergy Power (via e-mail) Gary Golinski, Mayor (via e-mail) Bart Olson, City Administrator (via e-mail) Erin Willrett, Assistant City Administrator (via e-mail) Kathleen Field-Orr, City Attorney (via e-mail) Brad Sanderson, EEI, City Engineer (via-email) Lisa Pickering, Deputy City Clerk (via e-mail) Jason Engberg, Senior Planner (via e-mail) April 13, 2018 Mr. William Pham CEO BAP Power Corporation VIA E-MAIL (wpham@cenergypower.com) 3176 Lionshead Avenue Carlsbad, CA 92010 RE: BAP Power Corporation - Windmill Farms – SE Quadrant of IL 71 & IL 126 Follow-up Letter for Special Use Permit Application for a Solar Farm Dear Mr. Pham, This correspondence is intended to follow-up on the recent Plan Council meeting held on April, 12, 2018 to discuss the proposed Special Use Permit application for a proposed solar farm project at the above- referenced location. Per that discussion, below are the comments presented during the Plan Council meeting for which additional information, revised plans and/or a written response is requested: Community Development Comments: Fencing • A dimensioned elevation and/or manufacturers cut sheet of the proposed perimeter fence is required. Staff recommends in addition to the fencing along the southern fence line adjacent to the existing landscape business, a landscape buffer to soften the view of the expanse of vinyl fencing. Accessory Use • Section 19-4-D states that alternative energy systems shall be an accessory to the principal permitted use. Please confirm in written narrative the proposed solar farm will be accessory to the Oswego Family Christian Church use. Signage • Section 19-4-F states that no commercial signage or attention getting device is permitted on any alternative energy system. Please provide a dimensioned example/graphic of any proposed signage to be attached on the solar farm or the surrounding fence. Landscape Plan • Per Section 8-12-2-H of the Landscape Ordinance, a Tree Preservation Plan is required for all lots five (5) acres or greater in area. No live trees with a four inch (4”) DBH (diameter breast height) may be removed without first submitting an application for tree removal and receiving approval from the City. While the Tree Preservation Plan will be a requirement as a condition of the special use and prior to issuance of a building permit, a landscape plan will be required as part of the Special Use application. United City of Yorkville County Seat of Kendall County 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 Website: www.yorkville.il.us Site Access • The proposed site access should be clarified. It appears from the concept layout that access would be through the adjacent property to the south. The access drive and connection to the road should be shown on the engineering plans and an access easement or agreement provided as necessary. If an existing access easement is recorded, this should be indicated on the plan with a notation of the document recording number. Engineering Comments: • Please refer to the attached comments prepared by Engineering Enterprises Inc. (EEI) dated April 6, 2018. These work items listed in the review letter will become conditions of your Special Use and a requirement for issuance of a building permit. Revised plans and/or responses to the comments requested herein should be provided no later than Friday, April 20, 2018, so that staff may incorporate the necessary information into our review of the plans for upcoming committee/commission meetings regarding the Special Use request. Upon satisfactory receipt of the information requested by the aforementioned deadline, you will be tentatively placed on the Tuesday, May 1, 2018 Economic Development Committee meeting. Should you have any additional questions, please feel free to contact me at 630-553-8573, or via email: knoble@yorkville.il.us. Sincerely, Krysti J. Barksdale-Noble, AICP Community Development Director Encl. Cc: Chad Chahbazi, Cenergy Power (via e-mail) Michael Imoto, Cenergy Power (via e-mail) Gary Golinski, Mayor (via e-mail) Bart Olson, City Administrator (via e-mail) Erin Willrett, Assistant City Administrator (via e-mail) Kathleen Field-Orr, City Attorney (via e-mail) Brad Sanderson, EEI, City Engineer (via-email) Lisa Pickering, Deputy City Clerk (via e-mail) Jason Engberg, Senior Planner (via e-mail) PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLANNING & ZONING COMMISSION PZC 2018-08 NOTICE IS HEREWITH GIVEN THAT BAP Power Corporation dba Cenergy Power, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting special use permit approval to install and operate a ground mounted community solar field on approximately 9.69 acres of land consisting of roughly 7,000 solar modules with a maximum height of seven (7) feet at full tilt. The real property is located in the southeast quadrant of Illinois Route 71 and Illinois Route 126 within the Windmill Farms Planned Unit Development in Yorkville, Illinois. The legal description is as follows: PARCEL 1 THAT PART OF THE NORTHEAST, NORTHWEST AND SOUTHWEST QUARTERS OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST 1/4, THENCE SOUTH 00 DEGREE 10 MINUTES 48 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4 1284 36 FEET, THENCE SOUTH 89 DEGREES 29 MINUTES 40 SECONDS WEST 680 30 FEET, THENCE NORTH 09 DEGREES 33 MINUTES 27 SECONDS WEST 100 FEET FOR A POINT OF BEGINNING. THENCE NORTH 09 DEGREES 33 MINUTES 27 SECONDS WEST 579 53 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO ELSIE BOYD BY A DEED DATED MARCH 25, 1929 AND RECORDED DECEMBER 14, 1938 IN DEED RECORD BOOK 88 ON PAGE 399, THENCE NORTH 09 DEGREES 05 MINUTES 24 SECONDS WEST ALONG THE EAST LINE OF SAID BOYD TRACT 748 57 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO 71, THENCE NORTHEASTERLY ALONG SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 11,459 20 FEET AND A RADIAL BEARING OF NORTH 26 DEGREES 49 MINUTES 16 SECONDS WEST AT THE LAST DESCRIBED POINT 627 46 FEET, THENCE NORTH 60 DEGREES 02 MINUTES 30 SECONDS EAST ALONG SAID CENTER LINE 332 0 FEET, THENCE SOUTH 12 DEGREES 27 MINUTES 30 SECONDS EAST 264 0 FEET, THENCE SOUTH 84 DEGREES 27 MINUTES 30 SECONDS EAST 202 0 FEET, THENCE NORTH 00 DEGREES 42 MINUTES 30 SECONDS WEST 423 02 FEET TO SAID CENTER LINE, THENCE NORTH 60 DEGREES 02 MINUTES 30 SECONDS EAST ALONG SAID CENTER LINE 472 59 FEET TO A LINE DRAWN NORTH 00 DEGREES 10 MINUTES 48 SECONDS EAST PARALLEL WITH THE WEST LINE OF SAID NORTHEAST 1/4, FROM A POINT ON THE SOUTH LINE OF SAID NORTHEAST 1/4 WHICH IS 598 62 FEET EASTERLY OF THE SOUTHWEST CORNER OF SAID NORTHEAST 1/4, THENCE SOUTH 00 DEGREES 10 MINUTES 48 SECONDS WEST ALONG SAID PARALLEL LINE 880 56 FEET TO SAID SOUTH LINE. THENCE SOUTH 89 DEGREES 34 MINUTES 48 SECONDS WEST ALONG SAID SOUTH LINE 598 62 FEET TO SAID SOUTHWEST CORNER, THENCE SOUTH 00 DEGREES 10 MINUTES 48 SECONDS WEST ALONG SAID EAST LINE 1275 36 FEET TO A LINE DRAWN SOUTH 89 DEGREES 40 MINUTES 33 SECONDS EAST FROM THE POINT OF BEGINNING, THENCE NORTH 89 DEGREES 40 MINUTES 33 SECONDS WEST 681 94 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS (EXCEPTING THEREFROM THAT PART IN THE NORTHEAST QUARTER OF SECTION 3. TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN) PINs: 05-03-300-015, 05-03-300-025, 05-03-300-026 NOTICE IS HEREWITH GIVEN THAT the Planning and Zoning Commission for the United City of Yorkville will conduct a public hearing on said application on Wednesday, May 9, 2018 at 7 p.m. at the United City of Yorkville, City Council Chambers, located at 800 Game Farm Road, Yorkville, Illinois 60560. The public hearing may be continued from time to time to dates certain without further notice being published. Application and information materials regarding this notice are available for public review at http://www.yorkville.il.us/624/Public-Hearing-Information and any questions or written comments should be addressed to the United City of Yorkville Community Development Department, City Hall, 800 Game Farm Road, Yorkville, Illinois. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk Summary A permit application was submitted for a new permanent building mounted sign on March 23, 2018 for the commercial structure at 129 Commercial Drive in Yorkville, Illinois. The permit was denied through the zoning review process on March 27, 2018. The petitioner is requesting that the interpretation of the Yorkville Zoning Ordinance in regards to its decision on this permit application be reviewed by the Planning and Zoning Commission as stated in Section 10-4-6-A of the Zoning Ordinance. This Section states the Planning and Zoning Commission may hear and decide appeals from any order, requirement, decision or determination made by the zoning administrator or officer under the zoning regulations of this code. Initial Request On March 23, 2018 Aurora Sign Company submitted a permit to move the existing “Heritage” sign from the front of the building located at 129 Commercial Drive to the eastern facing section of the same building. The submission showed a frontage wall length of 23 feet 1 inch and a sign width of 18 feet 8 inches (see below). Per Section 10-20-9: Permitted Signs; Business Zoning District Part A-2-b. Multi Tenant Buildings: “ A business having a public entrance in an exterior building wall or having an exterior wall facing a public right of way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance or faces a public right of way. The maximum area of such sign shall not exceed two (2) square feet for each one linear foot of the facade of the building with a public entrance. No wall sign shall extend more than seventy five percent (75%) of the width of the building facade to which it is attached.” Memorandum To: Planning and Zoning Commission From: Jason Engberg, Senior Planner CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Date: May 1, 2018 Subject: PZC 2018-12 – Zoning Ordinance Appeal MARCH 23, 2018 SUBMISSION Calculating the maximum allowable size and width for this review went as follows: SIGN AREA Submitted Width of Façade: 23.083 feet Maximum Allowable Size per Submitted Width: 46.166 square feet Proposed Building Mounted Sign Area: 49.840 square feet Result: 3.674 square feet too large SIGN WIDTH Submitted Width of the Façade: 23.083 feet Maximum Allowable Size per Submitted Width: 17.312 feet Proposed Building Mounted Sign Width: 18.666 feet Result: 1.354 feet too large As a result of these calculations and according to the regulations set forth in Section 10-20-9-A-2-b of the Yorkville Zoning Ordinance, the permit was denied. Additionally, the 23 foot 1 inch length of the wall façade is not completely accurate as it includes part of the wall which takes an obtuse angle away from the wall which the sign will be affixed. Even with this possible discrepancy, the building mounted sign did not meet the criteria set forth in the zoning ordinance. Staff notified the petitioner that the permit was denied on March 27, 2018. Petitioner Response The petitioner responded to the denial of their permit application with a re-submittal on April 5, 2018. The petitioner stated that the tenant of the building is currently utilizing 75 feet of façade frontage (see below). They stated the existing “Cabinetry & Designs” sign is no larger than 50 square feet and the width of both signs combined is no more than 50 linear feet. With this interpretation of the Zoning Ordinance, the “Heritage” and “Cabinetry & Designs” signs would be permitted under the regulations set forth in Section 10-20-9. APRIL 5, 2018 SUBMISSION Staff Response On April 12, 2018 Staff responded to the request stating that while the entire frontage was 75 feet, the exterior wall to which the sign is being affixed was correct as originally submitted. While along the same frontage, the different height and depth creates two exterior walls. The graphic below was created to illustrate how the walls were separate. On April 24, 2018 the petitioner asked for more information regarding this interpretation of the code and where it is stated within the Zoning Ordinance that this situation would define two separate walls. Over the course of the following week (April 24-May 1) staff communicated with both the Aurora Sign Company and Owners of the establishment about this issue. Staff clarified for the petitioners that Section 10-4-2-B-5 of the City Code states that it is the duty of the zoning administrator to interpret the zoning regulations when questions arise. Krysti Barksdale-Noble, Community Development Director, as the zoning administrator is tasked with interpreting the nuances of the code based upon the spirit and intent in which the code was written. She applied the interpretation of the code to mean the wall in which the sign is affixed. This has been the consistent interpretation and spirit of this section of the Zoning Ordinance since it was adopted in 2014. Therefore, in terms of consistency with all previous zoning reviews and the intent of the purpose of the written code, the sign permit was denied. Petitioner Appeal Throughout the conversation with staff, the petitioner was told that there are two courses of action which the Zoning Ordinance allows if they did not approve of the final decision. 1. The petitioner may appeal to the Planning and Zoning Commission for their interpretation of the Zoning Ordinance (10-4-6-A). 2. The petitioner may apply for a sign variance and go through the public hearing process for that request. The petitioner has decided to appeal the zoning administrator’s decision to the Planning and Zoning Commission. The petitioner is now seeking the Planning and Zoning Commission to review the language in Section 10-20-9-A-2-b to clarify the interpretation of the code. Existing Building Mounted Signage As communications transpired between staff and the petitioners, it was brought to staff’s attention that there may be some building mounted signs that do not conform to the existing code. While some of these examples were part of Planned Unit Developments and/or allowed before the new Zoning Ordinance in 2014, it was possible that there were other signs within the community that were erected when they did not meet the current Zoning Ordinance standards. Staff reviewed approximately 250 sign permits issued between November 1, 2014 to May 1, 2018. Staff then conducted analysis regarding only wall signage permitted during that time. The table below explains the number of wall signs permitted and the number of wall signs which DO NOT adhere to our current Zoning Ordinance. Building Mounted Signs Total Building Mounted Signs Issued between Nov. 1 2014 and May 1, 2018 88 Building Mounted Signs with Similar Articulated Walls 34 Nonconforming Signs at Issuance 2 A total of 32 out of 34 (94%) Building Mounted Signs with similar articulated walls issued between November of 2014 and May of 2018 were interpreted by staff in a consistent manner as the proposed sign at 129 Commercial Drive. The 2 signs which are currently nonconforming were passed in late 2014 and 2015. It is expected that the new zoning ordinance adoption caused these signs to be permitted before any consistent interpretation was in place with staff. It is common after the adoption of new regulations and the turnover of review staff may cause the initial inconsistency within the review process. Overall, staff has a majority of the time used the same interpretation when reviewing building mounted signage. Any other signs erected before November 2014 which are not in conformance with the current code are considered legally non- conforming. Additionally, there are signs which may be allowed to vary from our code as part of an existing annexation agreement or PUD agreement. For the 2 building mounted signs which were erected but did not meet the criteria set forth in Section 10- 20-9-A-2-b, they are considered nonconforming signs. Since these signs are not permitted but have been installed, they must adhere to Section 10-15-4: Elimination of Nonconforming Buildings, Structures and Uses. Letter C of this Section states: “Any nonconforming signs and any and all billboards and outdoor advertising structures shall be removed after five (5) years.” The outcome of the Planning and Zoning Commission’s decision on this interpretation will affect how these existing signs are handled. If the Commission agrees with staff’s interpretation, then the signs identified throughout staff’s research will be notified of their nonconformity and held to the schedule set forth in the Zoning Ordinance. Other interpretations and outcomes made by the Planning and Zoning Commission may alter how staff would resolve the existing signs throughout the City. Staff Comments Staff is seeking the Planning and Zoning Commission’s decision on the interpretation of the language in Section 10-20-9-A-2-b of the City Code. The Commission needs to determine if there are one or two separate walls to be measured for area and width calculations. The Commission’s decision on how this language should be interpreted will affect all future decisions with regards to this language and how staff will handle existing nonconforming signs. Motion In consideration of the proposed Zoning Ordinance Appeal, with information provided in a staff memorandum dated May 1, 2018, and testimony provided by the petitioner, the Planning and Zoning Commission approves/denies the petitioner’s appeal that their revised building permit application for a wall mounted sign dated April 5, 2018 is allowable. Attachments 1. 3-23-18 Permit with attachments 2. 4-5-2018 Resubmittal