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Planning and Zoning Commission Packet 2018 12-12-18 cancelled PLANNING AND ZONING COMMISSION AGENDA (CANCELATION) Wednesday, December 12, 2018 7:00 PM City Hall Council Chambers 800 Game Farm Road This meeting has been cancelled due to lack of quorum. The meeting and all items on tonight’s agenda will be continued at the regularly scheduled January 9, 2019 Planning and Zoning Commission Meeting. United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us PLANNING AND ZONING COMMISSION AGENDA Wednesday, December 12, 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: November 14, 2018 Citizen’s Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PZC 2018-14 Al Eriksson, on behalf of CalAtlantic Group, Inc., petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a fourth (4th) amendment to the Windett Ridge Planned Unit Development Agreement to allow for the extension of an additional three (3) years to complete the construction of a lift station and public improvements in Unit 2 of the Windett Ridge subdivision until December 31, 2023. The real property is generally located south of IL Route 71 and immediately east of IL Route 47 in Yorkville, Illinois. 2. PZC 2018-18 Marker, Inc, petitioner has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the Heartland Subdivision Planned Unit Development to reduce the interior side yard setback from twenty (20) feet to ten (10) feet on Lot 187 of the subdivision. Additionally, the petitioner is requesting to increase the maximum allowable height of a permitted fence in a business district from six (6) feet to eight (8) feet. The real property is located at the southwest corner of the McHugh Road and Route 34 intersection in Yorkville. 3. PZC 2018-19 United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a text amendment to Chapter 6: Permitted and Special Uses in the Zoning Ordinance to identify “brewery” as a permitted use in the M-1 Limited Manufacturing and M-2 General Manufacturing districts and as a special use in the B-1 Local Business, B-2 Retail Commerce Business, B-3 General Business, B-4 Service Business districts. This text amendment will provide regulations for the establishment and operation of such uses in these zoning districts. Additionally, the definition for “microbreweries/brewpubs” will also be amended to allow the maximum production per calendar year of 155,000 gallons. 4. PZC 2018-21 United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a text amendment to Chapter 3: General Zoning Provisions of the United City of Yorkville Zoning Ordinance to create a new subsection regarding mobile food and retail vendor vehicles. The amendment will provide location and operational standards after the required business registration of the vendor and vehicle for food trucks and similar mobile vendors conducting business within the public right-of-way and on private property. United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us Unfinished Business New Business 1. PZC 2018-14 Al Eriksson, on behalf of CalAtlantic Group, Inc., petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a fourth (4th) amendment to the Windett Ridge Planned Unit Development Agreement to allow for the extension of an additional three (3) years to complete the construction of a lift station and public improvements in Unit 2 of the Windett Ridge subdivision until December 31, 2023. The real property is generally located south of IL Route 71 and immediately east of IL Route 47 in Yorkville, Illinois. Action Item PUD Agreement Amendment 2. PZC 2018-18 Marker, Inc, petitioner has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the Heartland Subdivision Planned Unit Development to reduce the interior side yard setback from twenty (20) feet to ten (10) feet on Lot 187 of the subdivision. Additionally, the petitioner is requesting to increase the maximum allowable height of a permitted fence in a business district from six (6) feet to eight (8) feet. The real property is located at the southwest corner of the McHugh Road and Route 34 intersection in Yorkville. Action Item Special Use 3. PZC 2018-19 United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a text amendment to Chapter 6: Permitted and Special Uses in the Zoning Ordinance to identify “brewery” as a permitted use in the M-1 Limited Manufacturing and M-2 General Manufacturing districts and as a special use in the B-1 Local Business, B-2 Retail Commerce Business, B-3 General Business, B-4 Service Business districts. This text amendment will provide regulations for the establishment and operation of such uses in these zoning districts. Additionally, the definition for “microbreweries/brewpubs” will also be amended to allow the maximum production per calendar year of 155,000 gallons. Action Item Text Amendment 4. PZC 2018-21 United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a text amendment to Chapter 3: General Zoning Provisions of the United City of Yorkville Zoning Ordinance to create a new subsection regarding mobile food and retail vendor vehicles. The amendment will provide location and operational standards after the required business registration of the vendor and vehicle for food trucks and similar mobile vendors conducting business within the public right-of-way and on private property. Action Item Text Amendment Additional Business 1. City Council Action Updates a. PZC 2018-07 GRNE Solar, Eric Peterman, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting special use permit approval to install and operate a solar farm with more than one freestanding solar energy system on approximately 7.4 acres of land consisting of roughly 6,400 solar modules. The real property, zoned in the O Office District, is located at the southeast corner of John Street and Beecher Road at the Kendall County Government Campus in Yorkville, Illinois. City Council Action Update to be provided at meeting Adjournment Page 1 of 3 DRAFT PLANNING & ZONING COMMISSION City Council Chambers 800 Game Farm Road, Yorkville, Il Wednesday, November 14, 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: Reagan Goins-yes, Deborah Horaz-yes, Don Marcum-yes, Jeff Olson-yes, Randy Harker-yes Absent: Bill Gockman, Richard Vinyard City Staff Krysti Barksdale-Noble, Community Development Director Jason Engberg, Senior Planner Other Guests Lynn Dubajic, City Consultant Dan Kramer, Attorney Chris Vitosh, Vitosh Reporting Service Eric Peterman, GRNE Solar Shawn Ajaz, Progressive Energy Group Stefan Fanthorpe, Blackberry Woods Megan Fanthorpe, Blackberry Woods Ryan Hoogland, Blackberry Woods Mike Olszewski, Blackberry Woods Ben Kilgore, Blackberry Woods Chris Childress, Progressive Energy Group Scott Koeppel, Kendall County Lana Lerman, Yorkville Dialysis Center Greg Milam, Cimmaron Subdivision Deb Milam, Cimmaron Subdivision Previous Meeting Minutes October 10, 2018 The minutes were approved as presented on a motion and second by Commissioners Marcum and Horaz, respectively. Roll call: Goins-yes, Horaz-yes, Marcum-yes, Olson-yes, Harker-yes. Carried 5-0. Citizen’s Comments None Public Hearings Chairman Harker said there were two Public Hearings originally scheduled for this meeting, however, not all materials were submitted for the Marker, Inc. Hearing and it will be moved to the next PZC meeting. A motion was made by Mr. Marcum and seconded by Ms. Horaz to move PZC 2018-18 Marker, Inc. to December 12, 2018. Roll call: Horaz-yes, Marcum-yes, Olson-yes, Goins-yes, Harker-yes. Passed 5-0. Page 2 of 3 Chairman Harker explained the procedure for the other Public Hearing and he swore in those who would give testimony. At 7:05pm a motion was made by Commissioner Goins to open the Public Hearing for PZC 2018-07 GRNE Solar and it was seconded by Commissioner Marcum. Roll call: Marcum-yes, Olson-yes, Goins-yes, Horaz-yes, Harker-yes. Carried 5-0. Chairman Harker read the petition as follows: 1. PZC 2018-07 GRNE Solar, Eric Peterman, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting special use permit approval to install and operate a solar farm with more than one freestanding solar energy system on approximately 7.4 acres of land consisting of roughly 6,400 solar modules. The real property, zoned in the O Office District, is located at the southeast corner of John Street and Beecher Road at the Kendall County Government Campus in Yorkville, Illinois. (See Court Reporter's Transcript of Testimony) Also to be entered into public record: Statement from Yorkville Dialysis Center Statement from Megan Fanthorpe Petitioner Responses to the Special Use Standards The Public Hearing was closed at approximately 8:12pm on a motion by Mr. Marcum and second by Ms. Horaz. Roll call: Olson-yes, Goins-yes, Horaz-yes, Marcum-yes, Harker-yes. Carried 5-0. Unfinished Business None New Business 1. PZC 2018-07 GRNE (see above description) Mr. Engberg provided details of the project including setbacks, fencing, glare study, distance of homes from solar panels, solar panel details, city request for solid fence around the perimeter, landscape plan, request for the security camera to be accessible by the sheriff and a knox box on site for emergency use. Other city requests include a security guarantee if the system is abandoned, an easement to enter the site and a full engineering and erosion plan. Scott Koeppel from Kendall County stated the the county included strong language regarding abandonment. The floor was then opened for Commissioner discussion. Mr. Olson commented on any possible glare being hidden by a solid fence, construction pollution, noise being absorbed by nearby trees, emissions from panels being a non-issue, composite-type fence and the strict standards for dust. Ms. Noble said the city engineer would be on site every day to monitor dust and street maintenance. Mr. Engberg said the city is asking for a 7'6” solid opaque fence. Ms. Horaz suggested the fence not be totally solid but it should allow air flow and give the illusion of being totally solid. Mr. Marcum discussed language for fencing and suggested a request for low maintenance and opaqueness rather than specifying certain materials. Page 3 of 3 Resident Megan Fanthorpe said she would like to see more trees and less fence. The petitioner plans for six types of trees at different heights. Ms. Noble explained the landscape requirements ask for 33 trees/shrubs for each 100 linear feet. Mr. Olson added that buffer trees should be replaced if they die. Ms. Horaz inquired about snow on panels, potential hail damage and breakage by baseballs. Mr. Peterman said snow will slide off, double pane panels are resistant to hail damage and baseballs do not break the panels. The discussion concluded and Chairman Harker read the special use standards plus the additional four. Mr. Engberg said petitioner responses to the special use standards and four additional standards from Chapter 14 will be entered into the official record. The commissioners briefly discussed the language for the fence material as a condition in the motion and they decided on PVC or composite-type material. Mr. Engberg also requested that the petitioners adhere to the updated letter of November 7th pertaining to #4 of the staff recommended conditions. Action Item Special Use A motion to approve the petition and Findings of Fact was made by Mr. Marcum and seconded and read by Mr. Olson: In consideration of testimony presented during a Public Hearing on November 14, 2018 and discussion of the Findings of Fact, the Planning and Zoning Commission recommends approval to the City Council a request for Special Use authorization to construct a freestanding solar energy system, or solar farm, on a O Office District zoned property located at the southwest corner of the Kendall County Government Center, subject to staff recommendations in a memo dated November 7, 2018 and further subject to a fence on 4 sides, PVC or composite-type material, solid and opaque, and request date on landscape survey to change to November 7, 2018. Roll call: Goins-yes, Horaz-yes, Marcum-yes, Olson-yes, Harker-yes. Carried 5-0. Ms. Noble said this petition will move to the December 11th City Council meeting for final approval. Additional Business 1. PZC 2018-17 Text Amendment for Signs Mr. Engberg said the City Council approved the text amendment updating Chapter 20 of the sign ordinance. In another matter, Mr. Engberg said extra material will be added to the packet to keep commissioners up to date. More training may be done later and Ms. Noble asked for ideas of the types of training desired. Adjournment There was no further business and the meeting was adjourned at 8:53pm on a motion by Commissioners Marcum and Goins, respectively. Unanimous voice vote approval. Respectfully submitted by Marlys Young, Minute Taker PZC - November 14, 2018 - Public Hearing 1 1 2 3 4 5 6 UNITED CITY OF YORKVILLE 7 YORKVILLE, ILLINOIS 8 9 10 PLANNING AND ZONING COMMISSION I1 PUBLIC HEARING 12 13 14 15 16 17 800 Game Farm Road 18 Yorkville, Illinois 19 20 21 22 Wednesday, November 14 , 2018 23 7 : 00 p .m. 24 2itosh (Reporting Service 815 . 993 . 2832 cms.vitosh@gmail . com PZC - November 14, 2018 - Public Hearing 2 1 PRESENT : 2 Mr . Randy Harker, Chairman, 3 Mr . Jeff Olson, Deputy Chairman, 4 Ms . Deborah Horaz, 5 Ms . Reagan Flavin-Goins, 6 Mr . Donald Marcum. 7 8 9 ALSO PRESENT : 10 Ms . Krysti ,Barksdale-Noble, Community 11 Development Director, 12 Mr . Jason Engberg, Senior Planner, 13 Ms . Marlys Young, Minute Taker . 14 15 16 17 18 19 20 21 22 23 24 Uitosli Reporting Service 815. 993 . 2832 cros .vitosh@gmail . com PZC - November 14, 2018 - Public Hearing 3 1 WHEREUPON, the following 2 proceedings were had in 3 public hearing : ) 4 CHAIRMAN HARKER: Okay. I ' ve got a 5 little change here on the public hearing . There 6 are two public hearings scheduled for tonight ' s 7 Planning and Zoning Commission meeting . 8 While there are two public hearings 9 on tonight ' s agenda, the petitioner, Marker, 10 Inc . , has not provided the staff with additional 11 requested materials for the PZC 2018-18 before 12 tonight ' s scheduled public hearing date . 13 Therefore, the public hearing for 14 PZC 2018-18 will not be open for discussion or 15 testimony will not be taken at tonight ' s 16 meeting . 17 May I have a motion to move the 18 public hearing scheduled for PZC 2018-18 from 19 November 14th, 2018 Planning and Zoning 20 Commission meeting to December 12th, 2018 21 Planning and Zoning Commission meeting at the 22 same time and place that was the originally 23 planned hearing? 24 MR . MARCUM: So moved . Iiitosh Reporting Service 815. 993. 2832 cms.vitosh@gmail. com PZC - November 14, 2018 - Public Hearing 4 1 MS . GOINS : Second. 2 CHAIRMAN HARKER: Second? 3 MS . NOBLE : Second. Roll call . 4 CHAIRMAN HARKER: Okay, and a second . 5 Can I get a roll call? 6 MS . YOUNG : Horaz . 7 MS . HORAZ : Yes . 8 MS . YOUNG: Marcum. 9 MR. MARCUM: Yes . 10 MS . YOUNG: Olson. 11 VICE-CHAIRMAN OLSON : Yes . 12 MS . YOUNG : Goins . 13 MS . GOINS : Yes . 14 MS . YOUNG: Harker . 15 CHAIRMAN HARKER: Yes . 16 Okay . The purpose of -- and I still 17 have to say this -- the purpose of this hearing 18 tonight is to invite testimony from members of 19 the public regarding the proposed request that ' s 20 being heard before the commission . 21 Public testimony for persons present 22 may wish to speak in favor of or against the 23 request, or have questions for the petitioner 24 regarding the request being heard. itosh Reporting Service 815 . 993 .2832 cros.vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 5 1 Those persons wishing to testify are 2 asked to speak clearly, one at a time, state your 3 name and who you represent, if anyone . You are 4 asked to sign in at the podium if you have not 5 already done so . 6 If you wish to speak at tonight ' s 7 public hearing as a petitioner or as a member of 8 the public, please stand, raise your hand and 9 repeat after me . 10 Anybody out there -- yeah, you want 11 to speak? Okay . 12 Witnesses sworn . ) 13 CHAIRMAN HARKER : Thank you, you may be 14 seated . 15 All right . So the order that we ' re 16 going to receive the testimony is the petitioner 17 is going to do his presentation first and then 18 those that want to speak that are in favor of the 19 request, they ' re next, then those that are 20 opposed to the request follow that, and then we 21 will move on . 22 So if the petitioner is ready? 23 MS . NOBLE : A motion . 24 CHAIRMAN HARKER: Oh, yeah, I ' m sorry. itosli Deporting Service 815. 993 . 2832 cms.vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 6 1 Hold on two seconds . 2 May I have a motion to open the 3 public hearing on petition number PZC 2018-07? 4 MS . GOINS : So moved. 5 MR. MARCUM: Second. 6 CHAIRMAN HARKER: Okay . Roll call vote, 7 please . 8 MS . YOUNG: Marcum. 9 MR. MARCUM: Yes . 10 MS . YOUNG: Olson . I1 VICE-CHAIRMAN OLSON : Yes . 12 MS . YOUNG: Goins . 13 MS . GOINS : Yes . 14 MS . YOUNG: Horaz . 15 MS . HORAZ : Yes . 16 MS . YOUNG: Harker . 17 CHAIRMAN HARKER: Yes . 18 Okay . PZC 2018-07 , the GRNE Solar, 19 Eric Peterman, petitioner, has filed an 20 application with the United City of Yorkville, 21 Kendall County, Illinois , requesting a special 22 use permit approval to install and operate a 23 solar farm with more than one free-standing solar 24 energy system on approximately 7 . 4 acres of land itosh Reporting Service 815. 993 . 2832 cms .vitosh@gmail . com PZC - November 14, 2018 - Public Hearing 7 1 consisting of roughly 6400 solar modules . 2 The real property, zoned in the 3 0 Office District, is located at the southeast 4 corner of John Street and Beecher Road at the 5 Kendall County Government Campus in Yorkville, 6 Illinois . 7 Now, you are ready to go? 8 DANIEL J. KRAMER, 9 having been first duly sworn, testified from the 10 podium as follows : I1 MR . KRAMER : Thank you, Mr . Harker . My 12 name is Daniel J. Kramer . I am an attorney 13 licensed to practice law in the state of 14 Illinois . My address is 1107A South Bridge 15 Street in Yorkville, Illinois . 16 I represent GRNE Solar, whose 17 representatives are here tonight . We have three 18 possible witnesses who will answer questions 19 from the audience and participate in the 20 presentation . 21 You will probably hear the most from 22 Eric Peterman who is presented or prepared on 23 behalf of GRNE Solar the video presentation, and 24 then we also have Chris Flynn Childress here who itosh Deporting Service 815. 993 . 2832 cms.vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 8 1 is a consultant for the county in the energy 2 request, and we also have Shawn Ajazi, and I did 3 provide spellings of all the names for the court 4 reporter before we started. 5 Again, tonight it ' s a bit of an 6 unusual request in the sense that the petitioner 7 is joined on behalf of the county to make this 8 request . 9 The property is properly zoned; this 10 is an accessory use to the functions that exist I1 out at the county. As most of you know, but some 12 in the audience may be newer to the community, 13 this is about a 50-acre campus that was 14 designated as a public safety campus back when I 15 had hair . 16 The first building was the 17 sheriff ' s department, ultimately an animal 18 control facility was built behind it and there is 19 a garage behind the sheriff ' s department, several 20 public safety buildings for the jail now. 21 At the far west end of the campus is 22 the Kendall County Health Department, which keeps 23 growing with community needs all the time, and 24 the Kendall County Courthouse was actually the 12itosh Deporting Service 815 . 993 . 2832 cms .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 9 1 second building built here, and they made I 2 thought really good use of the space in that they 3 could have knocked the west wall out and put a 4 bigger footprint, but they went upstairs instead, 5 so it should stand like the old courthouse for a 6 good half century as the county grows . 7 In terms of the use that ' s before 8 you here tonight, the city has asked that a solar 9 array be a special use so that they take into 10 account the effect on the neighbors in the I1 orderly development of the city. 12 We think it ' s a good use . We think 13 the applicant has thought of as many of the 14 issues as they can and they have taken some time 15 with the neighborhood . 16 They did a meeting with the board 17 about three weeks ago, the HOA association, and 18 they did a meeting at the historic courthouse and 19 invited any residents that wanted to come Monday 20 night . 21 We let the city know we were doing 22 both meetings and said, look, if aldermen or 23 staff want to come, you are welcome, but 24 aldermen, please be careful because of Open Tiitosh Deporting Service 815 . 993 . 2832 cms.vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 10 1 Meeting Act that we really couldn ' t have more 2 than two aldermen, and the county is under the 3 same issue . 4 We let the county board know that we 5 were doing open meetings and said if you' d like 6 to come, but please, no more than two so you 7 don ' t violate the Open Meetings Act and they did 8 not come, which is okay because it ' s their 9 petition . 10 Really not a lot of comments from me 11 other than at the end of the presentation the 12 public comment and after your due consideration 13 tonight as a Plan Commission, we will ask you to 14 give a positive recommendation to the City 15 Council . 16 Thank you very much, and I ' ll let 17 Mr . Peterman talk about the technical aspects . 18 ERIC PETERMAN, 19 having been first duly sworn, testified from the 20 podium as follows : 21 MR. ENGBERG: Lights . 22 MR. PETERMAN : While Jason is grabbing 23 that, as Dan mentioned, we have done a lot over 24 the past several weeks and months to prepare llitosh Reporting Service 815 . 993.2832 cms. vitosh@gmail . com PZC - November 14, 2018 - Public Hearing 11 1 material for this application, this petition, met 2 specifically with Krysti and Jason, we ' ve gone 3 back and forth several times to prepare all the 4 information that ' s requested for the special use 5 application, as well as , as Dan mentioned, met 6 with the HOA and the homeowners that are -- that 7 are nearby this facility, taking in their input 8 and actually changing some of the plans because 9 of their input so that we are all on the same 10 page . 11 I ' ve told the HOA a number of times 12 as well, I have two young kids, I would have some 13 of the same questions that they had, which are 14 all great . I think there has been a great 15 dialogue through the process . 16 Thank you to the staff, I think 17 Jason and Krysti have done a great job of taking 18 it to all those who have been involved from the 19 HOA as well . It ' s been a healthy process so far . 20 Tonight we ' ve prepared a 21 presentation with some of the questions that have 22 come out of the previous meetings, and I know 23 there is some more information requested from the 24 city which is in this presentation, as well as 12itosh Reporting Service 815. 993 . 2832 cros.vitosh@gmail . com PZC - November 14, 2018 - Public Hearing 12 1 from the HOA, which we have in here as well . 2 Can everybody see this okay or do 3 more lights need to go? All right . Great . 4 And feel free, if you need any 5 clarification or questions along the way, feel 6 free to jump in and stop me . Apologize to a few 7 of those who have seen this for the third time . 8 We ' ll jump right in . 9 So a couple different areas that 10 we ' ll cover, how solar works, the break up of 11 what solar array looks like, some of the sound 12 study, layout, questions that have come up 13 throughout the process , and then some of the 14 maintenance and prior installations that we ' ve 15 done . 16 I guess I should introduce myself, I 17 apologize . Eric Peterman, I ' m an industrial 18 engineer from Northwestern University . I started 19 this company about eight years ago . Born and 20 raised in Illinois, live in Arlington Heights 21 now, our company is run out of Palatine, so we 22 are local . We operate only throughout the 23 Midwest . 24 There is a lot of solar development Iiitosh Deporting Service 815. 993 .2832 cms.vitosh@gmail . com PZC - November 14, 2018 - Public Hearing 13 1 going on in Illinois right now because of the 2 incentive structure . I know there was another 3 petition prior to ours that came from an 4 out-of-state that was eventually withdrawn . 5 That was a totally separate setup . 6 That was what ' s called community solar, where you 7 can choose any plot of land to be able to 8 interconnect into the utility grid . 9 This is what ' s called a 10 behind-the-meter application to where it ' s 11 directly impacting Kendall County' s offices, so 12 in terms of the location, it needs to be where 13 the Kendall County offices are located. It can ' t 14 just be on another plot of land out in the middle 15 of nowhere, so that ' s the difference between 16 those location-wise . That ' s a little bit of the 17 background on that . 18 Yeah, as I mentioned, engineer by 19 trade and born and raised in Illinois . I ' ve 20 taken numerous hours to think about how this 21 design is put together, I ' ve driven through the 22 neighborhoods, for Blackberry Woods, and had some 23 great communication with them along the way . 24 Sorry, I ' ll jump in now, so this is Vitosh Deporting Service 815 . 993 .2832 cros .vitosh@gmail . com PZC - November 14, 2018 - Public Hearing 14 1 a great slide that I like to use just to explain 2 how solar works just so everybody has a baseline 3 understanding . 4 If you can see, Step One here, solar 5 panels -- this is on a house, but solar panels on 6 the roof are directly impacted by the sun . The 7 sun hits the solar panels and then knocks around 8 some electrons to create energy. 9 That energy is created in DC, or 10 direct current, and then it ' s transferred into a 11 box that you can barely see right here, which is 12 called an inverter . 13 The inverter is the brains of the 14 system and that ' s what converts the energy from 15 direct current to alternating current . 16 Alternating current is what we use 17 to turn on these lights and the projector and the 18 computer, so once it becomes alternating current, 19 it then powers any loads that are going on inside 20 the house, so if the refrigerator is on or if the 21 washing machine is on, the solar power will help 22 to power those things first . 23 If everything is shut off, let ' s say 24 you are away on vacation, then that power would Tiitosh Reporting Service 815 . 993 .2832 cms .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 15 1 be pushed back onto the utility grid . ComEd 2 would then give you a credit on your utility 3 bill, so you won ' t lose that energy you created, 4 you will get a one-to-one credit from ComEd, and 5 that ' s where it goes back onto the utility grid . 6 Here is a picture of what a typical 7 ground mount system might look like . So the 8 three main areas we have identified here, the 9 racking structure, which you can see kind of in 10 the background here, it ' s made with steel posts 11 that go in the ground and then aluminum rails 12 that run the length of the system that also 13 support the solar panels . 14 You can see one solar module is 15 installed here . That ' s what is impacting with 16 the sun to create the energy, and then there is a 17 box, like I said, an inverter, which is the 18 brains of the system, which is usually located 19 somewhere along the racking structure hidden 20 underneath the solar panels . 21 What is in a solar panel? So this 22 is a breakdown of what is actually inside of a 23 solar module, so this is kind of a deconstructed 24 module here . 1itosh Deporting Service 815. 993 .2832 cms.vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 16 1 On the top you can see there is an 2 aluminum frame that houses everything inside . 3 There is a double layer of glass , just like a 4 windshield would have, and then the solar cells 5 is what ' s beneath that double layer of glass, 6 another layer on the back side, and then these 7 electrical wires, which help transmit the energy. 8 So the solar cell itself is made up 9 of these three elements : Most notably silicon 10 and ingot, which is -- they ' re all metalloids . 11 Silicon is one of -- I think it ' s the second most 12 abundant element on earth behind oxygen . 13 There is nothing toxic about any of 14 these materials , there is no harmful materials 15 that are inside the cells at all, and I think one 16 of the board members had a question about what a 17 solar cell looks like, or solar module . Jeff, if 18 that was you . So this is actually a full scale 19 solar panel . You are welcome to come look at it 20 or touch it, or any questions you have . 21 This one looks like -- this one is a 22 residential module with a black frame, but this 23 is full scale solar panel, so you are welcome to 24 check it out when you have some time or if you itosfi Reporting Service 815 . 993 .2832 cms .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 17 1 have more questions . 2 The racking structure . So this is 3 actually on what ' s called a single axis tracker, 4 and what that means is at the beginning part of 5 the day, the solar panels will face east . 6 As the sun rises and goes across the 7 sky to the west, the solar panels will actually 8 rotate without the sun. That ' s the most 9 efficient way to install solar, so in order to 10 achieve that, you need a motor which will 11 actually turn the racking structure with the sun . 12 So here you can see a picture of 13 what that motor looks like and a portion of the 14 racking structure that helps turn the solar 15 module . 16 The inverter, looked like a 17 nondescript white box like you have here . There 18 is a fan, just like you would have on a computer, 19 that runs to keep the electronics cool inside the 20 box . There is a display on the front that tells 21 you how much energy you ' re making or if there is 22 any errors with the system. 23 Here is a picture of the inside or 24 the guts , there is some internal blocks where the Uitosli Reporting Service 815. 993 .2832 cms .vitosh@gmail. com PZC - November 14, 2018 - Public Hearing 18 1 wires are housed, some capacitors and resistors . 2 The question came up about sounds 3 throughout this process, how much sound is 4 created by the solar array . So in order to just 5 provide a base level understanding of how many 6 decibels normal activities are, you can see, 7 starting on the left here, a quiet, rural area is 8 described or calculated at 30 decibels, and then 9 as we go to the right you can see -- as we get 10 into the 50 and 60-decibel range, that ' s what ' s 11 characterized as a refrigerator noise or normal 12 conversation makes the sound that you are hearing 13 from my voice right, now would be in the 50 to 60 14 decibel range . 15 Getting higher becomes what ' s called 16 this dangerous level, and that ' s where you start 17 to hear -- like if you were next to a car horn, I 18 think that says chain saw or a jet engine . So 19 that that ' s hopefully a base level understanding 20 of decibel level for some normal, everyday 21 activities . 22 Solar panels themselves produce zero 23 decibels , so there is actually no noise at all 24 that comes out of the solar panel, so when the 1)itosh Deporting Service 815 . 993 . 2832 cms .vitosh@gmail . com PZC - November 14, 2018 - Public Hearing 19 1 sun hits it and it ' s creating power, you will 2 never know if you were just listening for an 3 audible test . 4 In terms of racking structure, I did 5 mention that it had motors that turn -- for the 6 racking structure . So when those motors are in 7 motion, the calculated or the tested decibel 8 level is between 40 and 50 decibels . That ' s in 9 between a library whisper and a refrigerator, for 10 reference . 11 The motors only run on 15-second 12 intervals every ten minutes . That ' s only during 13 the day when the sun is shining, so it does not 14 run at night or any time the sun is not shining . 15 It rotates the modules during the day and then it 16 resets itself . 17 One of the questions that was asked 18 at a previous meeting, and I got some 19 clarification, so it will go -- every ten minutes 20 it will run for 15 seconds to rotate the modules 21 throughout the day. 22 At the end of the day it will run 23 for about a minute to reset it back to a normal 24 level, and then the next day it will then start Uitosli deporting Service 815 . 993 .2832 cms .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 20 1 again, so it ' s only running a limited amount of 2 time and there is only a noise that ' s comparable 3 to a library whisper or a refrigerator . There is 4 only two motors on the entire site is the plan 5 design right now. 6 MR. MARCUM: Those tracking things go 7 down the center of the -- they are not on every 8 panel ; is that correct? 9 MR. PETERMAN : The tracker -- you are 10 talking about the racking structure itself? 11 MR. MARCUM: Yes . 12 MR. PETERMAN : Yes . So you will have a 13 row of solar panels that might look like this 14 solar panel and then another solar panel right 15 here . 16 There will be a beam that runs down 17 and attaches to the back of the solar panel, so 18 it ' s almost like a hinge, so it will go from the 19 east and then they' ll rotate on the hinge . 20 MR. MARCUM: But there is not one of 21 those motors on every one of those panels? 22 MR. PETERMAN : No, no . Only two motors 23 on the entire site . Yes . Thanks for the 24 question . Uitosh Reporting Service 815 . 993 . 2832 cms.vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 21 1 Inverters . So the next study was 2 the decibel reading on the inverters themselves . 3 The inverters as I mentioned are the brains of 4 the system. That ' s the electronics . So standing 5 next to the inverter, measured at around 60 6 decibels , so again, that ' s a normal conversation, 7 probably similar to what you ' re hearing from my 8 voice right now, there are planned about 40 9 inverters for the site right now. 10 VICE-CHAIRMAN OLSON : 60 decibels at how 11 many feet away? 12 MR. PETERMAN : 60 decibels at three 13 meters, so about ten feet, and then once you 14 get -- Actually the next slide will give you some 15 more detail on that . 16 So this is standing right next to 17 it, and you can ' t see Lt on the screen, but these 18 are decibel readings here that show that these 19 are about 60, 61 decibels for each of these, and 20 the angle, why there is four different angles , 21 it ' s from the front, the back, the right, the 22 left, so you can get it from all different 23 angles, and this was actually provided from the 24 inverter manufacturer . T2itosh Reporting Service 815 . 993 .2832 cros.vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 22 1 To your question about how far away. 2 So these are some installed inverters that we 3 have on a site that we own . This is in northwest 4 Indiana for an elementary school . It ' s a similar 5 size, it ' s about 1 . 2 megawatts . 6 The proposed size for this project 7 is close to two megawatts, so it ' s I guess a 8 little more than half of what ' s being proposed 9 for this site . 10 These are actually videos that are 11 not wanting to run on Jason ' s computer tonight, 12 so I will give you a background of what this 13 sounds like . 14 So at three feet away from the 15 inverter you ' ll hear about 60 decibels, so it 16 will sound like a fan running, similar to a 17 computer fan . 18 As we back up, we ' ve got a recording 19 here at about ten feet, that ' s where it ' s , you 20 know, still in that 60 decibel range, so you can 21 still audibly hear it about ten feet away, and 22 then the third picture here shows a recording at 23 25 feet from the enclosure, where at this stage 24 you can' t really hear the inverter . Vitosh Reporting Service 815. 993 . 2832 cms .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 23 1 You can hear some wind rippling and 2 you can hear some traffic in the background, but 3 the audible noise from the inverter is 4 negligent . 5 VICE-CHAIRMAN OLSON : Where are the 6 inverters located on the site? 7 MR. PETERMAN : Yes , good question. I am 8 going to defer that question for a couple slides 9 later so it be a little more helpful . 10 And this is another video, it 11 actually has one of our guys walking through the 12 middle of the solar field to give you a good feel 13 for what that looks like . We can make this 14 available if you want to try the videos later, 15 but that ' s not wanting to work for us tonight . 16 Similarly, another question that 17 came up about any electromagnetic fields that are 18 given off by the solar array, so to provide some 19 EMF levels of everyday activities or everyday 20 devices, here is another frame of reference . 21 So as we start on the left -- and 22 excuse me, I can ' t see it from this far away. As 23 we start on the left, you ' ll see brain waves and 24 solar system is on the left which is considered Uitosh Deporting Service 815 . 993 . 2832 cms .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 24 1 extremely low frequency . 2 As we move to the right we ' ve got 3 some everyday devices such as a radio, 4 television, laptop, cellphone, which are in the 5 radiowave, microwave category here . 6 As we continue to go to the right 7 that ' s where you get some UV lights, or light 8 bulbs, medical devices, and the dangerous 9 category is where you have some more nuclear and 10 radioactive activity. 11 So as you can see from the solar 12 field, what ' s giving off the EMF is the inverter 13 and that ' s where it ' s categorized in the 14 extremely low frequency next to -- you know, 15 further to the left than everyday devices like 16 your cellphone or your computer . 17 To your question about location, so 18 this if you can see is -- the blue box here is 19 the area that is planned for the solar panels 20 and the red in the middle, we ' ve actually 21 designed it based on some feedback and concerns 22 from the HOA to run down the center of the array, 23 so the nearest home, as you can see here, is over 24 300 feet away from the inverters and the motors , qiitosh Deporting Service 815. 993. 2832 cms. vitosh@gmail. com PZC - November 14, 2018 - Public Hearing 25 1 which are in the center, the only things that 2 make noise or give off EMF . Nothing in the solar 3 field produces either of those . 4 Does that answer your question on 5 location? 6 VICE-CHAIRMAN OLSON : Yes . 7 MR. PETERMAN : Great . Landscape layout, 8 which was required by the city, this was produced 9 by HLR, the engineering firm. There is some 10 detail down here that describes the different 11 trees that will be planned for this site . 12 This is the southern portion of the 13 solar field . There is a black line that runs 14 directly east/west that you can kind of see right 15 there, and then just to the south of that fence 16 line is the tree line . 17 This is an image of what that will 18 look like . There ' s going to be an opaque fence 19 on the south side, seven-and-a-half-foot tall 20 wood fence that will not be able to be seen 21 through, and then you will have the tree 22 landscaping between the residents and the solar 23 grid. 24 VICE-CHAIRMAN OLSON : And that ' s on the itosh Deporting Service 815. 993 . 2832 cms.vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 26 1 south elevation? 2 MR. PETERMAN : Yes , sir . 3 MR. KRAMER: Eric, can you point out, 4 the photographs they have in the package show it 5 a lot better than that . That ' s very dark there . 6 MR . PETERMAN : Yeah, it ' s pretty dark 7 here . Point out -- 8 MR. KRAMER : They ' ve got color drawings 9 that show that much better . 10 CHAIRMAN HARKER : Okay. 11 MR. PETERMAN : This shows that -- There 12 was a question about what other -- what other 13 developments might happen on this land, and this 14 land is obviously owned by Kendall County and 15 it ' s -- right now it ' s housing a temporary 16 nursery for some trees, but there are other plans 17 in development . 18 This was taken from the Kendall 19 County Capital Improvement Plan back in fiscal 20 year 2012 . It just shows the public safety 21 center was discussing a build-out of the 22 correctional facility, so there is talks of 23 either expansion of the jail that ' s currently 24 there further to the west where the site is, itosh Deporting Service 815. 993 . 2832 cms.vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 27 1 there is talk of additional buildings for this 2 space . There is nothing set in stone right now . 3 The proposed plan is for the solar field . 4 This was a little bit more 5 clarification on what could go there if this 6 wasn ' t a solar field . 7 The intention -- it ' s my 8 understanding something will be developed there ; 9 the timing or what is what ' s uncertain . 10 A question on property value . So 11 some of the concerns from -- or some of the 12 questions that were brought up from the HOA was 13 will this have an impact on my property value, 14 and we were requested to find a study that showed 15 a similar scenario of a large solar field being 16 developed directly next to a residential home or 17 a residential plot of land . 18 There is actually a study that was 19 produced in the Midwest, so this actually has a 20 lot of Indiana and Illinois solar fields on it, 21 which are much larger than the field that we are 22 proposing for this petition, and essentially 23 what this is saying, there is a couple key 24 categories here, but what they did is they took a itosh Deporting Service 815 . 993 .2832 cms.vitosh@gmail . com PZC - November 14, 2018 - Public Hearing 28 1 control site and then a test site to see similar 2 properties that are next to a solar array and 3 similar properties that are not next to a solar 4 array, what was the impact on the property value, 5 and this shows the distance from the solar field 6 to the home, and some of the numbers here, I 7 think that number is like 68 feet from the 8 property line to the solar field, there is a few 9 that are in the hundred feet, 200, that says 400 10 there . 11 So the gist of it is these massive 12 solar fields are right next to a residential area 13 and all the way on the right the analysis 14 concluded that there was no impact, was the final 15 ruling . 16 This number down here shows the 17 property values actually increased by close to 18 two percent , so it ' s a minimal increase to no 19 impact is what the study showed. 20 This was just a recap of some of the 21 questions that did come up and then direct 22 answers to them. 23 Most of the presentation has covered 24 these questions, so I will just highlight some of itosh Reporting Service 815. 993.2832 cms.vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 29 1 these things that were brought up . 2 Will living near a solar field 3 affect my property value? We just presented that 4 study. 5 Do solar panels contain harmful 6 chemicals? There have been numerous studies to 7 show that there is no connection between solar 8 fields or health conditions or any reason to 9 believe that it would be harmful . So we covered 10 that also with the anatomy of what ' s inside a 11 solar panel and how it works . 12 Do solar panels create glare? 13 Actually Jason did a great job at presenting this 14 topic at one of the last meetings . The purpose 15 of solar panels is to actually capture sunlight, 16 not to reflect it, so that is the way that solar 17 panels are designed. 18 Even if it did reflect, if you 19 remember, the solar panels are only facing east 20 and west, so they will not ever face to the 21 south, which would be where the nearby residents 22 are located. 23 Do solar panels leak radiation? We 24 talked about that at the EMF study and, as I Vitosfi Reporting Service 815. 993. 2832 cms . vitosh@gmail. com PZC - November 14, 2018 - Public Hearing 30 1 said, there is no link between solar fields or 2 any threat or concern with health conditions, and 3 then EMF specifically . 4 This is actually that school that I 5 was talking about that we had a picture of 6 earlier. This is an elementary class that ' s 7 actually outside discussing the solar field 8 that ' s being installed. 9 We worked with the Tri-Creek School 10 Corporation to implement this on their campus at 11 the elementary school . They built it into their 12 curriculum. 13 We have designed it such that the 14 students can actually come out and do different 15 tests on the solar field, they can put a shade on 16 a solar panel to see how it impacts it, they can 17 record the voltage to see how much voltage is 18 being pushed through the solar panel . 19 So this has been a great thing for 20 us to show that not only is there is no concerns 21 of harm or health concerns , but it ' s also an 22 opportunity to educate our young ones and build 23 it into the curriculum as they go through, 24 throughout their elementary school . T2itosh Reporting Service 815 . 993 .2832 cms .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 31 1 Question came up of site 2 maintenance . So our relationship with Kendall 3 County is we are leasing the land and we will be 4 responsible for everything on the land. So 5 maintenance, maintenance of the landscaping 6 that ' s on the subject site, ensuring that the 7 field is kept in operation and is functional, we 8 will be responsible for all of that . 9 So you can see a couple fields here 10 that are well manicured. I1 VICE-CHAIRMAN OLSON : Those are 12 landscaped. Is the one you are proposing also 13 landscaped grass, it ' s all -- it ' s not gravel 14 or -- 15 MR. PETERMAN : Yes , sir, there will be 16 grass underneath, correct . 17 Some of the previous projects -- I 18 don ' t remember if this was from the city or from 19 the HOA, but they had asked to provide a list of 20 some of the previous projects . 21 That ' s an aerial view of the 22 Tri-Creek School Corporation; this is a project 23 in Nebraska for a ground mount system. We ' ve 24 done roof mount system, we ' ve done ground mount Uitosfi Deporting Service 815. 993 .2832 cms .vitosh@gmail . com PZC - November 14, 2018 - Public Hearing 32 1 systems, had various different equipment that we 2 have used. 3 We were recently awarded as the 4 number one solar installer in Illinois . It ' s 5 been a long time coming to get to this point, but 6 as I said, it ' s prideful for myself because I am 7 born and raised here, we are focused specifically 8 on the Midwest and we do everything local , so to 9 earn this is definitely something we are proud 10 of . 11 And then finally this just shows 12 that third-party organizations, which are usually 13 the watchdogs of environmental actions , have all 14 come out in support of solar, the ones listed on 15 this slide as least, so organizations such as 16 Greenpeace, or the EPA, National Geographic, U . S . 17 Department of Energy, Sierra Club, these folks 18 are very interested and engaged in anything that 19 would impact the environment . They have all come 20 out to support solar . And, in fact, the EPA has 21 a very similar sized solar array on their campus, 22 so 1 . 5 megawatts of solar that ' s on their campus 23 would look very similar to the petition that we 24 have before you . Iiitosh Deporting Service 815. 993 .2832 cms .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 33 1 And then finally just a quick 2 summary of the points , some of the key points , as 3 we mentioned in the layout, the solar motors and 4 racking motors will be located more than 300 feet 5 from the nearest home . 6 The inverters and racking motors 7 will only operate during the day when the sun is 8 out; nothing is operating at night . 9 The emitted sound and the EMF we 10 discussed as to have no impact, you won ' t be able 11 to hear it from outside the fenced area or have 12 an effect anywhere outside the fenced area at 13 all . 14 Solar field would be regularly 15 maintained by GRNE Solar . There ' s been no -- 16 After rigorous tests, there ' s been no connection 17 between health concerns or solar arrays . 18 We talked about the independent 19 third-party groups which support solar . GRNE 20 Solar is -- it will save the taxpayers $4 million 21 over the course -- over the life of the system, 22 and that ' s all with zero dollar capital costs . 23 So the way that works is there is a 24 lot of incentives and grants that are out there . itosh Reporting Service 815. 993 .2832 cms.vitosh@gmail . com PZC - November 14, 2018 - Public Hearing 34 1 We have an investor that would fund the money for 2 this project so it would not come out of the 3 Kendall County budget at all and they would pay 4 less for the energy that ' s created by the solar 5 than they are currently paying with their 6 supplier . 7 And then the property values we 8 discussed; the study that was shown there with -- 9 specifically in the Midwest, Illinois and Indiana 10 products that has a slight positive to no impact 11 on the property values . 12 And then in terms of next steps , as 13 we mentioned, we ' ve held two joint meetings other 14 than the EDC meetings that we ' ve had previously, 15 but since then we ' ve had two joint meetings with 16 the HOA and the homeowners who have decided to 17 show up . 18 As I said, we ' ve had great dialogue 19 and actually had a change in the plans because of 20 those meetings . Here tonight we have the public 21 hearing and then if it decides to go before the 22 Council for vote, we ' ll see that on the the 11th . 23 Assuming that is approved, we have 24 to apply for those incentives in January and then Vitosh Deporting Service 815 . 993 .2832 cms.vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 35 1 the installation would be slated for spring of 2 2019 . 3 One thing I will note is the timing 4 or the urgency of the solar incentives . Because 5 of the way the program is structured, it ' s very 6 appealing to developers, so there ' s been a lot of 7 development from out-of-state that ' s come to 8 Illinois . 9 In fact, there is actually more 10 products being developed than there are funds for 11 in terms of the incentives , so they ' ve discussed 12 doing the process of a lottery, so assuming we do 13 get approval and move forward and we get to 14 submit our application on January 15th, then we 15 will still be at the whim of the Illinois Power 16 Agency, which distributes the incentive money for 17 the project . 18 VICE-CHAIRMAN OLSON : So you might get 19 approved and you might lose out on the lottery. 20 MR. PETERMAN : That ' s correct, ' yeah . 21 And without those incentives, the economics of 22 the project don' t work, so the timing is vital to 23 get the approval so that we are ready to submit 24 the application in January, so just want to make Tiitosh Deporting Service 815 . 993.2832 cms .vitosh@gmail . com PZC - November 14, 2018 - Public Hearing 36 1 sure that that ' s clear, and appreciate your 2 attention and timeliness on this . 3 At this time I will turn it back to 4 Jason and I ' ll be available for questions if 5 there is anything else that you need . 6 Thanks for your attention. 7 CHAIRMAN HARKER: Thank you . Okay . 8 Moving on, anybody that ' s here that would like to 9 speak that ' s in favor of the proposal being 10 heard? Step forward. Please state your name 11 when you get there too, please . 12 SCOTT GRYDER, 13 having been first duly sworn, testified from the 14 podium as follows : 15 MR. GRYDER : Sure . Hi, I ' m Scott 16 Gryder . I am County Commissioner for Kendall 17 County . I am here on behalf of the County Board . 18 They spent a lot of time looking at 19 this, wanting to be fiscally responsible and then 20 also wanting to be environmentally responsible, 21 and we thought this was a project that could do 22 all of those things in one, and they spent a lot 23 of time, both staff-wise and County Board, going 24 through to come to these agreements , to look at itosli Reporting Service 815. 993 .2832 cms .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 37 1 the products, a lot of questions about the field 2 as well, what would happen, where it would 3 result, and then they unanimously voted to go 4 forward with this project earlier this year, 5 which brought about coming to Yorkville to get 6 approval and get the special use put out . 7 Just wanted to come here and mention 8 that, you know, that there is other elected 9 officials that have reviewed this and looked at 10 it from the County level and they voted 11 unanimously to do it . So thank you . 12 CHAIRMAN HARKER : Thank you . Those who 13 are -- that would like to speak that are opposed 14 to this request? Please step up, step forward. 15 No response . ) 16 CHAIRMAN HARKER : Awesome . 17 MS . FANTHORPE : Are we allowed to ask 18 questions? 19 CHAIRMAN HARKER: Yeah, absolutely . 20 Come on up to the -- 21 MS . FANTHORPE : Do we have to go to the 22 podium? 23 MS . LERMAN: Is there anyone else that 24 wanted to be up for anything to oppose it? I2itosh Deporting Service 815 . 993 . 2832 cms.vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 38 1 Otherwise I will . 2 CHAIRMAN HARKER : Yeah, go ahead. Come 3 on up . 4 LANA LERMAN, 5 having been first duly sworn, testified from the 6 podium as follows : 7 MS . LERMAN : Hi . My name is Lana 8 Lerman . I represent Yorkville Dialysis Center . 9 We are located on the west side of the proposed 10 solar field, yes, I think it ' s west side, so we 11 did submit a written opposition, but we just 12 wanted to kind of reiterate and explain why. 13 Dialysis is a life sustaining 14 treatment . We have a lot of elderly patients 15 that come in; they come in three days a week, 16 four hours a day, so that ' s pretty much part of 17 their lives . 18 We feel that the noise, the 19 pollution of the construction and everything 20 would not be very good for them, you know, moving 21 in and out and coming into the unit, so -- we ' re 22 also concerned about when the panels go to the 23 west, the possible glare . 24 I know they said there is no glare, Tlitosh Reporting Service 815 . 993 . 2832 cms.vitosh@gmail . com PZC - November 14, 2018 - Public Hearing 39 1 but if there is one, we feel that will go right 2 into our location, so that ' s essentially why we 3 would like to oppose this ; however, if you do 4 decide to go with it, we do respectfully request 5 that you have a fence that ' s at least eight feet 6 tall and that we have a little bit more shrub, 7 bermage ( sic) and trees on our side . Didn ' t look 8 like there was going to be anything on the west 9 side, so -- 10 CHAIRMAN HARKER: Okay. 11 MS . LERMAN : And that ' s about it . Thank 12 you . 13 MR. ENGBERG: It ' s in the packet, real 14 quick, would you like the letter that ' s sent in 15 the packet entered into the record? 16 MS . LERMAN : Yes . 17 CHAIRMAN HARKER : All right . Anybody 18 else that ' s in opposition of the request? 19 MS . FANTHORPE : Okay. I will talk . 20 CHAIRMAN HARKER: Okay . And, sorry, 21 real quick because you weren ' t here when we swore 22 everybody else in, so -- 23 MS . FANTHORPE : Yes, I realize it was 24 for the public; I thought it was like formal Vitosh Deporting Service 815 . 993 .2832 cms.vitosh@gmail . com PZC - November 14, 2018 - Public Hearing 40 1 representatives . 2 CHAIRMAN HARKER: You ' re good. Please 3 stand, raise your right hand, and repeat after 4 me . 5 Witness sworn . ) 6 CHAIRMAN HARKER : And what was your last 7 name? 8 MS . FANTHORPE : Fanthorp . 9 CHAIRMAN HARKER : One more time? 10 MS . FANTHORPE : Fanthorpe . 11 CHAIRMAN HARKER : Okay. 12 MEGAN FANTHORPE, 13 having been first duly sworn, was examined upon 14 oral interrogatories and testified as follows : 15 MS . FANTHORPE : So I am the HOA 16 president for Blackberry Woods, and I ' ve spoken 17 with a lot of our neighbors and I ' ve done a lot 18 of research on this myself and I found some 19 conflicting things with the Power Point . 20 I ' ve found that it can be a health 21 hazard, that it can cause hypersensitivity in 22 some people if this is added, and I don ' t know 23 how far it would have to go across the property 24 lines for it to be effective of our neighbors , liitosh Deporting Service 815 . 993 . 2832 cms.vitosh@gmail . com PZC - November 14, 2018 - Public Hearing 41 1 but if they would have that problem, they 2 wouldn ' t even be able to go into their home 3 potentially . 4 I found that the components that 5 make up solar panels overwhelmingly they are 6 toxic and that they cannot be disposed of very 7 easily . That ' s actually one of the problems with 8 solar panels, is trying to recycle them 9 afterwards, because they are made of toxic 10 materials . 11 I agree that they are made of 12 silicone , but a lot of the studies that I have 13 found show that the components inside of there, 14 if they are released into the air, can cause 15 health hazards , and I only received their Power 16 Point today, what they are citing, so I didn ' t 17 have an opportunity to read it beforehand, but I 18 haven ' t, to try to figure out which one is 19 accurate , but if they are toxic and there is a 20 potential for something like a weather-related 21 element such as a tornado to come through and 22 pick these up and smash them or a baseball to hit 23 them or any other way that they could potentially 24 became unencapsulated, I understand in the litosh Reporting Service 815 . 993 .2832 cms.vitosh@gmail . com PZC - November 14, 2018 - Public Hearing 42 1 encapsulated form they' re likely safe, just like 2 asbestos , but if it got out into the air for some 3 reason, we would like to know that there is some 4 type of biohazard cleanup plan, but as of right 5 now they ' re saying it ' s safe, so they don ' t feel 6 that that ' s a need, but we have a concern for it 7 being I believe about 85 feet from our back doors 8 is what we were told, that this is being so close 9 to kids . 10 I don ' t know what the hazards are, 11 if some -- if a kid would get in there, if there 12 is electrical components that they could get 13 hurt . 14 We also have concerns with them 15 removing all of the trees in that area . We ' ve 16 got homeowners that have, you know, a lower water 17 table that could end up flooding if they have, 18 you know, kind of a flat area that has no 19 drainage . 20 I don ' t think there is a drainage 21 plan in there right now, I know they said in the 22 future they would have to do that, but I wouldn ' t 23 want them to move forward without that plan . 24 We also have a water basin that ' s liitosh Deporting Service 815. 993 . 2832 cms.vitosh@gmail . com PZC - November 14, 2018 - Public Hearing 43 1 right next to there, about 300 feet from there . 2 If they remove all the trees there could 3 potentially be a problem with the water basin, 4 and that ' s something that we have to -- the 5 homeowner maintained and he ' s had problems in the 6 past and we don ' t particularly want to have those 7 type of costs incurred on our homeowners . 8 We have a low budget for our 9 association, our dues are low, and so any 10 maintenance to those water basis is very costly 11 for our homeowners . 12 We also asked for long-term studies . 13 While I understand solar energy has been around, 14 I don ' t know if it ' s been around long enough for 15 them to show that 20 or 30 years from now some 16 type of byproduct that they are not aware of now 17 could cause problems or cancers that we don ' t 18 know about . 19 I know Willowbrook is having a 20 similar problem right now with Sterigenics , you 21 know, they thought it was safe, and now 20 years 22 from now we have a higher cancer rating, and we 23 don ' t want to be getting these to have more 24 health effects , potentially 20 years from now 1)itosli Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com PZC - November 14, 2018 - Public Hearing 44 1 we ' re going to have this unknown and have them 2 say oh, sorry, we didn ' t know then . 3 I just -- I feel like for the -- I 4 think we broke it down, it ends up being $1 . 26 in 5 savings for residents in Kendall County . We just 6 don ' t know that it ' s worth the risks of this . 7 They say the property values won' t 8 go down, but most people I ' ve talked to say 5 , 000 9 solar panels next to your house is going to raise 10 some concerns for not just people who back right 11 up to it, but we have two-story homes, so you ' re 12 going to see over it even with the fence and the 13 tree lines . You know, our houses are raised up a 14 bit, so they are still going to overlook that . 15 There has to be security systems in 16 place based on what we are -- the sheriff wants , 17 so some cameras may be looking into our backyards 18 as we well . 19 They ' ve talked about putting a chain 20 link fence around this project, which we think 21 would be an aesthetic eyesore, and while we know, 22 you know, there might be an expansion of some 23 kind in this area, when the Kendall County 24 representative came to one of our meetings , he itosh Reporting Service 815. 993 .2832 cms .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 45 1 said that based on the prison population going 2 down is that the likelihood is that this area 3 won ' t be anything until 2028 , so we think there 4 is some time to figure out what that would be . 5 You know, it ' s also blocking out 6 things like the view of the other government 7 buildings , some of the traffic, Route 34 , Target, 8 all of those other things that are being blocked 9 by that area . 10 We know it can ' t be trees forever, I1 but I just think with the safety concerns that 12 are out there, I just don ' t know that right now 13 they have enough information to prove beyond a 14 reasonable doubt that it ' s safe, and we don ' t 15 want to be the guinea pigs that prove that it ' s 16 going to be safe now and in the future, so I 17 think that ' s all I ' ve got . Okay. Thank you . 18 MR. ENGBERG : Your letter that you sent 19 us that ' s in the packet, would you like that 20 entered into the record as well? 21 MS . FANTHORPE : Yes, please . 22 MR . MARCUM: I have a question . The 23 water basin you are talking about, is it in 24 somebody ' s yards or the retention areas? itosh Reporting Service 815. 993.2832 cms .vitosh@gmail . com PZC - November 14, 2018 - Public Hearing 46 1 MS . FANTHORPE : It ' s the retention area 2 to the right off of Blackberry Woods, so my 3 understanding of it is it ' s supposed to retain 4 the water and then drain out into Blackberry 5 Creek, and it ' s about -- from my Google map about 6 300 feet . 7 MR . MARCUM: So you are talking about 8 something that ' s on your property, on your -- 9 MS . FANTHORPE : Yeah, it ' s in our 10 homeowner ' s association. 11 MR. MARCUM: It ' s not this part to the 12 north here? 13 MS . FANTHORPE : No, it ' s like -- 14 CHAIRMAN HARKER: It ' s on the east part, 15 right? 16 MS . FANTHORPE : When you are drive into 17 our neighborhood -- 18 MS . NOBLE : It ' s south. It ' s south . 19 MS . FANTHORPE : It ' s right by the model 20 house . Scruffy ' s . 21 CHAIRMAN HARKER: Yeah . 22 MR. ENGBERG: The project area . 23 CHAIRMAN HARKER: Okay. 24 MR. MARCUM: That ' s it . llitosh Deporting Service 815 . 993 . 2832 cms .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 47 1 VICE-CHAIRMAN OLSON : Can we ask 2 questions of Eric? 3 CHAIRMAN HARKER: Yeah. Absolutely. 4 Can I just say this real quick? 5 VICE-CHAIRMAN OLSON : Yes . 6 CHAIRMAN HARKER : We can also do that 7 when we stop and get out of the public hearing, 8 you know what I mean? Because we will get kind 9 of wrapped up in that a little bit, you know, 10 so -- thank you, yeah . 11 Okay. Eric, would you like to 12 respond to some of the things that she just said, 13 or Mr . Kramer? 14 MR. KRAMER : Thank you. Again, Dan 15 Kramer for the record . 16 The technical stuff I ' ll let Eric 17 respond to because I have zilch in terms of 18 knowledge there . 19 In terms of drainage, I think 20 Mr . Marcum hit the nail on the head . When the 21 original campus was designed, the county had to 22 go through some overall drainage studies to show 23 the city how the drainage would work given a 24 reasonable build-out and this parcel would have a Uitosh Reporting Service 815 . 993 . 2832 cms.vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 48 1 building . 2 It was never intended that the trees 3 were going to stay there . It ' s a sad story for 4 Kendall County taxpayers, but the county bought 5 those trees twice, first when the Orchard Road 6 was condemned and as part of the settlement they 7 gave the nursery owner the right to keep growing 8 them on this ground, and then they had to move 9 some a second time and buy a second time, so it 10 was always believed that these would be harvested 11 back before the economy went down the tube and 12 they got too big, frankly . 13 So what Eric has shown you on the 14 Power Point is that under the panels, it ' s still 15 going to be a low fescue-type grass that ' s got a 16 deep root structure, not the bluegrass that we 17 have on our lawn that only has three or four 18 inches of roots, so you ' re still going to have 19 good ground absorption because you ' ve just got 20 the small pipe holding the poles . 21 Again, we would anticipate the 22 drainage going into our retention pound on the 23 county ground to the north and not going to the 24 neighbors in the south into the subdivision at itosli Reporting Service 815 . 993 . 2832 cms .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 49 1 all, particularly because there is going to be 2 the fence, the berm and the landscaping there . 3 In regards to the safety issue, I 4 think that ' s a very good question, and the 5 sheriff had us address that, as did staff working 6 with Mr . Engberg, and that is that whatever type 7 of fence is there, the sheriff wants internal 8 cameras connected into their computer system so 9 whoever is in public safety or KenCom can always 10 see inside the facility, and the gate would be a 11 Knox box type gate that all emergency responders , 12 police, fire and EDP would have the ability to 13 get right in without calling GRNE or anybody. So 14 if there were children trespassing or anything, 15 they would be known with the cameras right away . 16 The one issue that we can ' t give a 17 final answer on from our side -- and we will do 18 whatever the government authorities work out and 19 tell us to do at the end of the day -- and that 20 is we have committed to the solid opaque fence to 21 the back, to the residential, which makes good 22 sense . 23 The sheriff has given us a letter 24 that he would like to not see a solid fence on Uitosh Deporting Service 815 . 993 .2832 cros .vitosh@gmail . com PZC - November 14, 2018 - Public Hearing 50 1 the east, north and west side because of public 2 security reasons, and that goes way back to 3 Sheriff Randall who didn ' t like the place getting 4 too big, not just because of the possibility of 5 prisoners escaping, but also some bad attributes 6 we ' re seeing these days in society. 7 If the city at the end of the day 8 passes a special use ordinance and says do a 9 solid fence, we do a solid fence . We don ' t argue 10 that at all . 11 Besides the young lady who testified 12 on behalf of the dialysis center, we did get 13 written contact, as I believe the city did, from 14 Copley, and Copley asked -- much the same as the 15 dialysis center, asked if we could beef up the 16 landscaping on the west side and they would 17 prefer a solid rather than a chain link fence; 18 otherwise they are fine with the project . 19 They didn ' t know the history about 20 the trees and wondered if they could be 21 preserved; when we explained what was going on, 22 they said no, we understand that now. 23 Those I think are the non-technical 24 ones I can respond to, and I will be quiet and 1)itosh Deporting Service 815 . 993 .2832 cros .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 51 1 let Eric talk . 2 MR. MARCUM: It sounds as though the 3 concerns from the dialysis people, and the HOA 4 lady didn ' t say, but the construction, that ' s 5 when they ' re going have the -- the dialysis 6 people are going to have the biggest problem. 7 With all the lumberjacks going in 8 there taking these trees out, and also the 9 grading, how long is this going to take to build 10 do we anticipate? 11 MR. KRAMER: I will let Eric respond 12 because he ' s actually done some . 13 MR. MARCUM: Okay, let ' s try another 14 one . 15 MR . KRAMER : Sure . 16 MR. MARCUM: You also -- You and I have 17 had lots of conversations over the years, nothing 18 ever related to science . 19 MR. KRAMER: This is true . 20 MR. MARCUM: So you say it ' s going to be 21 structured so that the water runoff will go to 22 this retention area to the north . Do we have 23 something evidencing that or is that just what we 24 hope? itosh Reporting Service 815. 993 . 2832 cros.vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 52 1 MR. KRAMER: Well, that again was the 2 original county engineering plan when they got 3 the courthouse and the public -- or public health 4 department building built . 5 There is a huge wetland pond in 6 front of public health, and this one is a smaller 7 pond and, again, they are designed -- they ' ve got 8 wetland plants in them. The whole idea is to 9 infiltrate on-site and not have stormwater 10 runoff . 11 Now, what will have to happen before 12 the city would actually issue a building permit 13 is the petitioner ' s engineer has to do an updated 14 study giving flows on it, and it ' s a bit 15 difficult on this one because back again 30 years 16 ago the engineers simply always did bold 17 detentions . You had this Metropolitan Sanitary 18 District software program, you pumped in how many 19 acres you had, what the density was going to be , 20 and it told you how many acre feet of water . 21 Now they ' ve gone to something -- and 22 the city ' s reviewing engineer is a huge proponent 23 of it -- called BMP ' s or best management 24 practices, and that ' s what this pond is . It ' s a itosh Reporting Service 815. 993 . 2832 cms.vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 53 1 naturalized area and they size it using somewhat 2 the old methods , but they' ve got to make 3 allowances because of the infiltration on-site, 4 and yes, there will be actual calculations . 5 MR. MARCUM: Okay. Thank you . 6 MR. KRAMER : Thanks . 7 MR. PETERMAN : Thanks for the question . 8 Regarding the timeline, so we try to be as 9 efficient as possible, and even with our crews, 10 we don ' t want our crews, you know, on-site more 11 than they have to be, so we do a lot of planning 12 and pre-work on the front end of the project 13 before we ever show up to the site . 14 In terms of actual construction on 15 the site, anticipated duration for this size 16 project would be in the two to three-month range, 17 so minimal disturbance, between two and three 18 months, is all it would take to get the product 19 in place, and then it would be undisturbed after 20 that time . 21 MR. MARCUM: Are you familiar with any 22 of the studies that she ' s cited about the -- 23 CHAIRMAN HARKER: Disposal? 24 MR. MARCUM: -- toxic -- Vitosh Reporting Sermce 815. 993 . 2832 cms .vitosh@gmail . com PZC - November 14, 2018 - Public Hearing 54 1 CHAIRMAN HARKER: Toxic, yeah. 2 MR. MARCUM: And disposal of the units, 3 are you familiar with any of those? 4 MR. PETERMAN : I haven ' t seen any of the 5 sources or seen any of the citations that were 6 discussed. 7 What I know is the studies that I 8 have presented that have been shown as fact that 9 I have found both from the specific manufacturers 10 of the products and from independent third 11 parties like the governmental agencies and the 12 non-profits that do the environmental watchdog 13 activities, everything that they have put out and 14 presented has been favorable in terms of health 15 or any type of risk or environmental factors 16 related to solar . 17 There is a couple studies that we 18 have, so we have a couple questions on the back 19 side of this, and I think Jason has this -- and 20 I ' ll also make this one available, it ' s a little 21 bit different than the previous one, but all of 22 our -- everything that was in this presentation 23 is cited, so you have all the citations here from 24 the different parties . Uitosh Deporting Service 815 . 993 . 2832 cms .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 55 1 One of the ones -- let ' s see if I 2 left it -- yeah, back here, so there is -- there 3 is three different sources that specifically 4 discuss the EMF, the electromagnetic field or 5 electromagnetic force . I ' ve highlighted a couple 6 in here . 7 This was a report that was put out 8 by the North Carolina -- it ' s by North Carolina 9 State University, and the North Carolina Clean 10 Energy Technology report . I1 I think the line here that shows -- 12 this was actually a report that went in front of 13 the Congress, and the key line that ' s shown here 14 is : The conclusion of the committee is that the 15 current body of evidence does not show that 16 exposure to these fields presents any human 17 health hazard . So that ' s one source . 18 The second source, from the 19 Massachusetts Clean Energy Center, talks about 20 the different recommended levels of the EMF, they 21 say once you get to 833 milliGauss , that ' s kind 22 of the level, anything above that is when it 23 starts to become concerning, is 833 . 24 The level for the solar field beyond l2itosh Reporting Service 815 . 993 . 2832 cros.vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 56 1 50 feet is less than 0 . 2 , so 833 is the level 2 that it becomes concerning, and the report says 3 that there ' s been studies that show for solar 4 fields that it ' s less than 0 . 2 . 5 Now, EMF is in this room right now. 6 It ' s from your laptop in front of Krysti, it ' s 7 from the cellphones we have in our pockets . 8 There is EMF everywhere . And what the study is 9 trying to say, that solar field -- if you are 10 standing next to the inverter, you will 11 experience some of the EMF that ' s given off from 12 the inverter . When you get beyond 25 , 50 feet, 13 you won ' t experience anything from the EMF given 14 off by that inverter . That ' s what ' s put out by 15 the support . 16 CHAIRMAN HARKER: She also brought up 17 like the disposal after the -- What is the life 18 expectancy of the solar field? 19 MR. PETERMAN : So the solar panels are 20 warranted by the manufacturer to operate for at 21 least 25 years . 22 CHAIRMAN HARKER: Okay. 23 MR. PETERMAN: So this solar panel right 24 here is going to produce energy for at least Vitosh Reporting Service 815 . 993 .2832 cms .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 57 1 25 years . Most studies show that it will go 2 beyond 30 . The only reason that you would take 3 it out is if you wanted to upgrade or do 4 something different with the property. 5 There are agencies that take damaged 6 solar panels for research, and we have donated 7 some of those to different area universities, but 8 yeah, in terms of the manufacturer, in terms of 9 the third-party organizations , that ' s what I know 10 to be fact from the studies that we have done . 11 VICE-CHAIRMAN OLSON : Are there SVS 12 sheets for solar panels? 13 MR. PETERMAN : Yes , sir . Data sheets? 14 VICE-CHAIRMAN OLSON : Does it say there 15 is anything harmful from them? 16 MR. PETERMAN : The data sheets I believe 17 were in the initial packet we presented for the 18 original petition; if not, I can get them. 19 MR. MARCUM: How long is the leasehold 20 agreement with the county? 21 MR. PETERMAN : 25 years . 22 MR. MARCUM: Megan . That ' s all I can 23 recall ; the last name was too complicated . 24 MS . FANTHORPE : That ' s okay . Uitosli Reporting Service 815 . 993 . 2832 cms.vitosh@gmail .com PZC - November 14, 2018 - Public Hearing - 58 1 MR. MARCUM: These prior HOA meetings 2 you talked about, was the information about some 3 studies he is citing made available to you? 4 MS . FANTHORPE : I only received the 5 original Power Point with his information after I 6 emailed him today. I have a full-time job, so 7 unfortunately I didn ' t have time to read all this 8 information, but I have asked for them since the 9 first meeting when we were -- I don ' t recall when 10 the first meeting was called, but when we asked 11 for any information that they could provide to 12 show us that there are studies that show this is 13 safe for now and the long-term, and I can go back 14 and read these, but I did send an email 15 requesting that from the day that we had that 16 meeting, that we would get 60 days to take the 17 time to read it and we didn ' t get a response back 18 whether we were going to get the 60 days, so we 19 are here, it ' s not been voted on yet . 20 I would like more time to research 21 it; quite honestly I would like more time for 22 experts to research it, because again, it ' s a 23 safety thing for our neighborhoods and families 24 and kids . itosh Reporting Service 815. 993 . 2832 cms .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 59 1 This is 85 feet from our houses, so 2 I don ' t think that ' s something that anybody 3 should be passing without having beyond a 4 reasonable doubt that it ' s 100 percent safe now, 5 future, forever for the life span of these being 6 here . 7 If the studies aren ' t out there 8 because they just haven ' t had it out there long 9 enough, I don ' t think you can ask us to take that 10 risk. I don ' t think you would take that risk for 11 your family members . 12 ' MR . MARCUM : How about the studies that 13 you have referenced, have you made those 14 citations available to them? 15MS . FANTHORPE : I have copies available, 16 I will be happy to email to every one of them. 17 CHAIRMAN HARKER: But the data that 18 you ' re showing, Eric, you' re saying that there is 19 no -- 20 MR . PETERMAN : Yeah . 21 CHAIRMAN HARKER: -- compelling issues? 22 MR . PETERMAN : We provided multiple 23 sources, as I said, there was presentation to 24 Congress for the United States of America, there Pitosh Deporting Service 815 . 993 . 2832 cms.vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 60 1 was the Massachusetts Clean Energy, North 2 Carolina State University, the manufacturer of 3 the products themselves, all of those have been 4 made available and they are in the packet . 5 This was an excerpt that actually I 6 think Jason put together, somebody from staff, 7 the average feet here, so from the property line 8 is about 75 to 80 feet, but distance from the 9 panel to any home, average distance is 160 feet, 10 and that ' s from the edge of the solar array. 11 As you recall, we moved the 12 inverters and the motors even further, so as a 13 conservative estimate, it ' s at least 300 feet . 14 From any home that ' s currently existing, probably 15 a more realistic expectation is 400 or better . 16 MS . FANTHORPE : We did ask they meter 17 test, they can do what it emits outside of it, 18 we ' re talking about the interior components, that 19 they can see what the EMF ' s are currently at the 20 border lines of our yard, and we asked that they 21 do before and after, and they have not raised 22 that at all , so that we don ' t have to worry about 23 that component, whether that means they need to 24 move the inverters further, you know, all the way Vitosh Deporting Service 815 . 993 . 2832 cms .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 61 1 to the north side, or have less of them, you 2 know, whatever they need to do to make sure that 3 that number doesn ' t raise at all our borders, 4 that would be appreciated, or add more trees or 5 buffer . 6 With the interior components , I 7 guess that ' s just a matter of whose research is 8 accurate . My understanding is they use toxic 9 chemicals to make the cells , and again, I 10 understand when they ' re in an encapsulated form, I1 they' re safe, but so is asbestos until it ' s 12 disturbed, and there is all type of weather 13 components, or a fire, if there are mechanicals 14 involved, so if something malfunctions , set on 15 fire, that could expose them, so I still think 16 there needs to be some kind type of biohazard 17 cleanup plan . 18 And, you know, too, they said there 19 would be security there in case kids get in, but 20 how fast you are going to reasonably -- unless 21 you have an on-site security person that ' s there 22 right then, how fast are you going to get there 23 that a kid is not going to be injured or killed 24 by the electrical components of the solar field Uitosh Reporting Service 815. 993 . 2832 cms .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 62 1 before they can get there? 2 CHAIRMAN HARKER : That ' s pretty close to 3 the police or the -- really close . You couldn' t 4 get any closer to the sheriff ' s department . 5 MS . FANTHORPE : It only takes a couple 6 seconds to get electrocuted and killed. 7 MR . PETERMAN : To that topic, in terms 8 of safety, obviously we have discussed the fence 9 and the locks and all that . 10 Even if there were no fence and you 11 were able to be touch it, as I mentioned, there 12 is a solar panel here, you can touch it, you can 13 feel it . 14 I am going to flip it around to the 15 back side so you can see on the back . These are 16 the wires that transmit the energy. There is a 17 plastic head on each end, it ' s a plug and play, 18 so it ' s a male and a female . 19 Those are -- they click together 20 with the solar panel next to it, so you 21 physically cannot get electrocuted . I can hold 22 this while it ' s operating, there is no way, 23 unless you were to physically cut it or damage 24 it, but all of this is manufactured to be secure Vitosh Deporting Service 815 . 993 .2832 cros .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 63 1 through the weather elements, so there is no way 2 that these are going to come apart, they are all 3 secure, tightened, and they are plug and play, 4 male and female, snap together . They are called 5 NC 4 ' s , which is a multi-contact, so 6 multi-contact to keep it secure . 7 CHAIRMAN HARKER: If a kid broke in 8 there with a set of bolt cutters or whatever, 9 laid under it and, you know, cut one of those, 10 would he get electrocuted or just shocked really I1 good? 12 MR . PETERMAN : You only get electrocuted 13 if you touched the two ends of the terminals 14 together with a portion of your body -- 15 CHAIRMAN HARKER: Okay. 16 MR . PETERMAN : -- which you would have 17 to cut each one of these, touch them together and 18 touch a portion of your body together, and there 19 is regulations from the National Electric Code 20 that say you can' t go beyond certain voltages 21 which are unsafe . 22 So each one of these creates about 23 40 volts ; you can only string so many together 24 because they sum until you get to a voltage Uitosh Reporting Service 815 . 993 .2832 cms .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 64 1 that ' s unsafe . 2 So that ' s covered by the National 3 Electric Code, which we have to be mandated by, 4 so if they were to get in here and they were to 5 get shocked, it would hurt, but it wouldn ' t do 6 more damage than that . 7 CHAIRMAN HARKER : Okay . 8 MR. MARCUM: I am very possibly the 9 least scientific person you ' ve ever come across, 10 and if this lady is right, if there is stuff in 11 made -- if there is stuff in there that ' s toxic, 12 some miscreant comes in there and thinks it ' s 13 going to be fun to smash all these, is there some 14 sort of danger then? I mean, what is the toxic 15 component, or is there a toxic component? 16 MR. PETERMAN : Yeah . Yeah. As I 17 mentioned, and with the studies, these are all 18 metalloids, so it ' s silicon, ingot . They are all 19 non-toxic from the studies we ' ve seen . 20 So even if they were to smash -- You 21 know, when we first met there was concerns of 22 liquid running out or chemicals being released 23 into the ground or into the air . These are all 24 metalloids that are in the air, so we ' ve had itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 65 1 broken ones before . 2 Like I said, we donate those broken 3 ones to local universities for research and 4 study. We ' ve never had any issues and the 5 studies show there has never been any health 6 issues with the materials . 7 CHAIRMAN HARKER : Okay. 8 MR . MARCUM: Another point she brought 9 up was if you got these security cameras, what 10 about the privacy of the neighbors . 11 Are these going to be set up so that 12 they' re not pointing towards these people ' s 13 homes? 14 MR. PETERMAN : I don ' t think the sheriff 15 is interested in policing the backyards ; it ' s 16 going to be focused on the solar array and the 17 area that ' s there . That ' s the intention for the 18 security cameras . 19 MR. MARCUM: Anybody here from the 20 sheriff ' s office by any chance? 21 MR . KRAMER : No, but I was the one -- 22 again, Dan Kramer, for the record -- that dealt 23 with the sheriff ' s department . They want the 24 cameras inward on the inside of the fence . They Ilitosh Deporting Service 815 . 993 . 2832 cms .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 66 1 are not so worried about the outside . 2 MR. MARCUM: Okay . Why did the 3 sheriff ' s office just -- I mean, they had no 4 problem with the southerly fence . Why did they 5 want the rest of it open? I mean, especially 6 going to the west so the dialysis people don ' t 7 have to look at this . 8 MR. KRAMER: They literally -- again, 9 like I said, the position had gone back there to 10 Richard Randall, our multi-term sheriff, he 11 wanted that whole campus open so that from the 12 second floor of the KenCom center that you got a 13 visual view out those windows of the whole thing . 14 Well, obviously you don ' t with the 15 trees now because they ' ve grown up massively and 16 they are extremely thick. 17 Current sheriff again has followed 18 that policy and would like it as open as possible 19 and is frankly happy the trees are going, so that 20 they do have visibility . 21 And as I said, the petitioner has no 22 quarrel ; whatever the city passes as the 23 resolution, if they said solid fence we are happy 24 to do it . Done . Vitosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail.com PZC - November 14, 2018 - Public Hearing 67 1 We just were put in a position that 2 one body told us to do one thing and another told 3 us another . 4 MR. MARCUM: Right . And I think there 5 is an ugly issue . 6 MR. KRAMER: Not quarreling . 7 MR. MARCUM: And build that wall . 8 MR . KRAMER: Yeah . So if they say -- 9 again, the height has been agreed upon so that 10 when the panels are totally extended the fence 11 would cover . 12 Now, if you ' re in a three-story 13 building, you ' d still be able to look down, no 14 question, but again, if the ultimate 15 recommendation is the solid fence, like I said, 16 we ' re going to comply. We have no objection . 17 CHAIRMAN HARKER: Excellent . Thank you . 18 MR. KRAMER: Thank you. 19 CHAIRMAN HARKER: Okay . 20 CHRIS CHILDRESS, 21 having been first duly sworn, testified from the 22 podium as follows : 23 MR. CHILDRESS : Hi . Chris Childress 24 from Progressive Energy Group . I think there are fitosh Reporting Service 815. 993 .2832 cros .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 68 1 a couple built in here . I think maybe we need to 2 understand the process that one -- that back up 3 actually to the solar field, and where we ' ll be 4 that have an opinion . 5 I don ' t think that -- we knew I 6 think -- I don ' t want to speak for them, but I 7 think not having done this before there was one 8 of the people that there -- you might want to 9 hear from them. 10 CHAIRMAN HARKER: Okay. Anybody else I1 want to come up? 12 MR . OLSZEWSKI : I will come up . 13 CHAIRMAN HARKER : Did you get sworn in? 14 MR . OLSZEWSKI : No, I did not . 15 CHAIRMAN HARKER: Anybody else that 16 wants to come up and we can swear everybody in at 17 the same time now? All good? Okay . Awesome . 18 Witnesses sworn . ) 19 CHAIRMAN HARKER: All right . Thank you . 20 MICHAEL OLSZEWSKI, 21 having been first duly sworn, testified from the 22 podium as follows : 23 MR . OLSZEWSKI : I back -- that ' s my back 24 yard where this is proposed. vitosh Deporting Service 815. 993 . 2832 cms .vitosh@gmail.com PZC - November 14, 2018 - Public Hearing 69 1 CHAIRMAN HARKER: State your name again, 2 please . 3 MR. OLSZEWSKI : Michael Olszewski . 4 CHAIRMAN HARKER: Michael . 5 MR. OLSZEWSKI : Would you like me to 6 spell it? 7 THE COURT REPORTER : Sure, go ahead . 8 MR. OLSZEWSKI : O-L-S-Z-E-W-S-K-I . 9 That ' s my backyard . My house backs up right to 10 it . 11 I enjoy the trees, I enjoy 12 everything right now, but if I 'm going to have 13 something put back there, I ' d rather see trees 14 and a fence than possibly a building, possibly -- 15 and I know it ' s all talk and hearsay -- a jail 16 extension, I don ' t want to see that . I 'm going 17 with the lesser of the two to three evils . 18 There will always be a problem with 19 drainage, whether it be solar panel fields or 20 building, so that problem will always be there . 21 I trust enough about the health 22 issues , solar panels have been around for a 23 while, never heard a whole lot about it, never 24 heard a lot of bad about it . Pitosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com PZC - November 14, 2018 - Public Hearing 70 1 But if something is going to be put 2 back there -- and something will be put back 3 there -- it might as well be something that helps 4 the environment a little, not so much damage to 5 the properties . 6 There ' s going to be grass, fences, 7 shrubs, trees . I don ' t think we ' ll get that with 8 a building, I really don ' t , and I don ' t want to 9 see -- I 'm going to be honest , if they want to 10 put a building up there, I ' ll probably cut my 11 losses and move . 12 I don ' t want to see it . Me and my 13 girlfriend stood in my sunroom today and looked 14 and I 'm like what do you vote for, building or 15 fences and trees? I ' m going fences and trees . 16 Just my opinion though . Thank you. 17 CHAIRMAN HARKER : Thanks . Appreciate 18 it . 19 BEN KILGORE, 20 having been first duly sworn, testified from the 21 podium as follows : 22 MR . KILGORE : Ben Kilgore, directly next 23 door to Mike . Kind of have the same opinion . I 24 don ' t -- personally I don ' t want either; I ' d love Vitosh Reporting Service 815. 993 . 2832 cros .vitosh@gmail . com PZC - November 14, 2018 - Public Hearing 71 1 to see the trees to stay there . Obviously they 2 weren ' t intended to stay there . If something has 3 to go in, again, I ' m kind of with Mike on this 4 one . 5 I don ' t know how much the 6 association talked to the community on some of 7 the decisions and the letters that were sent . I 8 wish a little bit more would have been done . 9 I 'm not standing up to become 10 anybody ' s enemy by any chance, but again, same 11 thing Mike said, if you trust the company to know 12 their research -- I mean, I always say it to 13 myself, you wake up every morning, cancer is all 14 around you, not going to lie, you burn candles . 15 I mean, I work on brakes , I do mechanic work. 16 It ' s all on that . I have a kid, Mike ' s got a 17 kid . I mean, it ' s -- I don ' t know. That ' s 18 pretty much all I got . 19 CHAIRMAN HARKER : Thank you . 20 MS . GOINS : Thank you . 21 CHAIRMAN HARKER : Would anybody else 22 like to speak at tonight ' s public hearing before 23 we close it out? 24 MS . MILAM: Can I just ask a question? Vitosh Deporting Service 815 . 993 .2832 cros .vitosh@gmail . com PZC - November 14, 2018 - Public Hearing 72 1 CHAIRMAN HARKER: Sure . 2 DEB MILAM, 3 having been first duly sworn, testified from the 4 podium as follows : 5 MS . MILAM: All right . I was interested 6 in the health studies that you cited . What was 7 the length of these studies? How long did they 8 study? How do you determine it ' s not a health 9 risk? 10 CHAIRMAN HARKER: And, ma ' am, what was I1 your name ? 12 MS . MILAM: Deb Milam. 13 MR . PETERMAN : I ' d be happy to 14 provide -- like I said, I ' ll make it for public 15 record available and you can view all the studies 16 yourselves . 17 There is multiple sources with 18 varying lengths of what it is . How to determine 19 or how to correlate a health concern with the 20 solar field, they do analysis of the materials, 21 they do analysis of anything that is emitted from 22 the solar array, all of that, and many more 23 variables taken into account, so the multiple 24 studies that are in the report, I ' ll be happy to Uitosh Deporting Service 815. 993 . 2832 cms.vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 73 1 share those with you and you are welcome to look 2 through them as well . There are varying lengths 3 of the different studies . 4 One thing I ' ll say also . It sounds 5 like that topic has come up with a little bit . 6 As we ' ve shown earlier, the EPA, the 7 Environmental Protection Agency, has a solar 8 field on their campus . 9 I don ' t think that they would do 10 that if they believed that there was any harm or 11 health concerns or anything like that related to 12 solar . Field very similar to the size that ' s 13 proposed here, so that ' s located in New Jersey on 14 the EPA' s campus . 15 CHAIRMAN HARKER: Awesome, thank you . 16 All right . 17 Since all the public testimony 18 regarding this petition has been taken, may I get 19 a motion to close the taking of testimony within 20 this public hearing? 21 MR. MARCUM: So moved. 22 MS . HORAZ : Second . 23 CHAIRMAN HARKER: Okay. Thank you . 24 MS . NOBLE : Roll call . T2itosh Reporting Service 815 . 993 . 2832 cros .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 74 1 CHAIRMAN HARKER: Can I get a roll call 2 vote, please? 3 MS . YOUNG : Yes . 4 Olson . 5 VICE-CHAIRMAN OLSON : Yes . 6 MS . YOUNG : Goins . 7 MS . GOINS : Yes . 8 MS . YOUNG : Horaz . 9 MS . HORAZ : Yes . 10 MS . YOUNG: Marcum. 11 MR . MARCUM: Yes . 12 MS . YOUNG : Harker . 13 CHAIRMAN HARKER: Yes . 14 Which were all the 15 proceedings had in the 16 public hearing portion 17 of the meeting . ) 18 o0o--- 19 20 21 22 23 24 Tiitosh Reporting Service 815 . 993 .2832 cms .vitosh@gmail .com PZC - November 14, 2018 - Public Hearing 75 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 75 , 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 3rd day of December, A. D. , 2018 . 18 19 20 Christine M. Vitosh, CSR Illinois CSR No . 084-002883 21 22 23 24 Vitosh Reporting Service 815 . 993 . 2832 cms.vitosh@gmail . com 76 400[2]-28:9,60:15 activities[4]-18:6, apart[1]-63:2 68:17,73:15 18:21,23:19,54:13 apologize[2]-12:6, axis[i]-17:3 5 activity[1]-24:10 12:17 1.26[1]-44:4 actual[2]-53:4,53:14 appealing[1]-35:6 B add[1]-61:4 applicant[1]-9:13 5,000[1]-44:80 added[1]-40:22 application[6]-6:20, 50[5]-18:10,18:13, background[4]- additional[2]-3:10, 11:1,11:5,13:10, 19:8,56:1,56:12 27:1 35:14,35:24 13:17, 15:10,22:12, 0.2[2]-56:1,56:4 50-acre[1]-8:13 23:2 084-002883[1]-75:20 address[2]-7:14,applies[1]-75:11 49:5 apply[1]-34:24 backs[1]-69:9 61backyard[ 1]-31:21 appreciate[2]-36:1, backyard[1]-69:9 aesthetic[1]-44:21 70:17 backyards[z]-44:17, affect[1]-29:3 appreciated[1]-61:4 65:15 60[s]-18:13,21:5, bad[2]-50:5,69:24 1[1]-75:6 21:10,21:12,21:19, aforesaid[1]-75:9 approval[4]-6:22, 1.2[1]-22:5 22:15,22:20,58:16, afterwards[1]-41:9 35:13,35:23,37:6 barely[1]-14:11 1.5[1]-32:22 58:18 agencies[2]-54:11, approved[2]-34:23, Barksdale[1]-2:10 100[1]-59:4 60-decibel[1]-18:10 57:5 35:19 Barksdale-Noble[1]- 1107A[1]-7:14 Agency[2]-35:16, area[16]-18:7,24:19, 2:10 61[1]-21:19 9 Y 11th[1]-34:22 6400[1]-7:1 73:7 28:12,33:11,33:12, base[2]-18:5, 18:19 12th[1]-3:20 68[1]-28:7 agenda[1]-3:9 42:15,42:18,44:23, baseball[1]-41:22 14[1]-1:22 ago[3]-9:17, 12:19, 45:2,45:9,46:1,based[3]-24:21, 14th[1]-3:19 7 52:16 46:22,51:22,53:1, 44:16,45:1 15[1]-19:20 agree[1]-41:11 57:7,65:17 baseline[1]-14:2 15-second[1]-19:11 agreed[1]-67:9 areas p]-12:9, 15:8, basin[3]-42:24,43:3, 15th[1]-35:14 7.4[1]-6:24 agreement[1]-57:20 45:24 45:23 160[1]-60:9 75[2]-60:8,75:6 agreements[1]- argue[1]-50:9 basis[1]-43:10 7:00[1]-1:23 36:24 Arlington[1]-12:20 beam[1]-20:16 2 ahead[2]-38:2,69:7 array[11]-9:9, 12:11, became[1]-41:24 become[2]-55:23,18:4,23:18,24:22,8 air[a]-41:14,42:2, 64:23,64:24 28:2,28:4,32:21,71:9 20[3]-43:15,43:21, 60:10,65:16,72:22 becomes[3]-14:18, 80[1]-60:8 Alazi[1]-8:2 43:24 aldermen[3]-9:22, arrays[1]-33:17 18:15,56:2 200[1]-28:9 800[1]-1:17 asbestos[2] 42:2, Beecher[1]-7:4 833[3]-55:21,55:23, 9:24,10:2 beef[1]-50:152012[1]-26:20 allowances[1]-53:3 61:11 2018[4]-1:22,3:19, 56:1 aspects 1 -10:17 beforehand[1]- 85[2]-42:7,59:1 allowed[1]-37:17 I [] 3:20,75:17 almost[1]-20:18 association[4]-9:17, 41:17 2018-07[z]-6:3,6:18ALSO[1]-2:9 43:9 46:10 71:6 beginning[1]-17:4 2018-18[3]-3:11, A alternating[2]-14:15, assume[1]-75:13 behalf[a]-7:23,8:7, 3:14,3:1814:18 assuming[2]-34:23, 36:17,50:12 2019[1]-35:2 A.D[1]-75:17 Alternating[1]-14:16 35:12 behind[4]-8:18, 2028[1]-45:3 49:12 aluminum[2]-15:11,[1] attaches[1]-20:17 8:19,13:10,16:12 ability 25[5]-22:23,56:12, attention[2]-36:2, behind-the-meter[1]- able[6]-13:7,25:20, 16:2 56:21,57:1,57:21 33:10,41:2,62:11, America[1]-59:24 36:6 13:10 67:13 amount[1]-20:1 attorney[1]-7:12 BEN[1]-70:19 3 absolutely[2]-37:19, analysis[3]-28:13, attributes[1]-50:5 Ben[1]-70:22 47:3 72:20,72:21 audible[2]-19:3, beneath[1]-16:5 30[4]-18:8,43:15, absorption[1]-48:19 anatomy[1]-29:10 23:3 berm[1]-49:2 52:15,57:2 abundant[1]-16:12 AND[1]-1:10 audibly[1]-22:21 bermage[1]-39:7 300[5]-24:24,33:4, accessory[1]-8:10 angle[1]-21:20 audience[2]-7:19, best[1]-52:23 43:1,46:6,60:13 account[2]-9:10,angles[2]-21:20, 8:12 better[3]-26:5,26:9, 34[1]-45:7 72:23 21:23 authorities[1]-49:18 60:15 3rd[1]-75:17 accuracy[1]-75:14 animal[1]-8:17 available[6]-23:14, between[8]-13:15, accurate[2]-41:19, annexed[1]-75:10 36:4,54:20,58:3,19:8,19:9,25:22, 4 61:8 answer[3]-7:18, 59:14,59:15,60:4, 29: 29: 7,30:1,33:17, achieve[1]-17:10 25:4,49:17 72:15 acre[1]-52:20 answers[1]-28:22 average[2]-60:7,beyond[6]-45:13, 4[1]-33:2060:9 55:24,56:12,57:2, acres[2]-6:24,52:19 anticipate[z]-48:21, 4's[1]-63:5 Act[2]-10:1, 10:7 51:10 awarded[1]-32:3 59:3,63:20 40[3]-19:8,21:8,actions[1]-32:13 anticipated[1]-53:15 aware[1]-43:16 big[2]-48:12,50:4 63:23 awesome[3]-37:16, bigger[1]-9:4 itosh Deporting Service 815 . 993 .2832 cros .vitosh@gmail . com 77 biggest[1]-51:6 built[5]-8:18,9:1, 75:10 clarification[3]-12:5, 55:23,56:2 bill[1]-15:3 30:11,52:4,68:1 chain[3]-18:18, 19:19,27:5 concerns[11]-24:21, biohazard[2]-42:4, bulbs[1]-24:8 44:19,50:17 class[1]-30:6 27:11,30:20,30:21, 61:16 burn[1]-71:14 Chairman[2]-2:2, Clean[3]-55:9, 33:17,42:14,44:10, bit[1o]-8:5,13:16, buy[1]-48:9 2:3 55:19,60:1 45:11,51:3,64:21, 27:4,39:6,44:14, byproduct[1]-43:16 CHAIRMAN[67]-3:4, cleanup[2]-42:4, 73:11 47:9,52:14,54:21, 4:2,4:4,4:11,4:15, 61:17 concluded[1]-28:14 71:8,73:5 C 5:13,5:24,6:6,6:11, clear[1]-36:1 conclusion[1]-55:14 black[2]-16:22, 6:17,21:10,23:5, clearly[1]-5:2 condemned[1]-48:6 25:13 25:6,25:24,26:10, click[1]-62:19 conditions[2]-29:8, Blackberry[4]-13:22, calculated[2]-18:8, 31:11,35:18,36:7, close[7]-22:7,28:17, 30:2 40:16,46:2,46:4 19:7 37:12,37:16,37:19, 42:8,62:2,62:3,conflicting[1]-40:19 blocked[1]-45:8 calculations[1]-53:4 38:2,39:10,39:17, 71:23,73:19 Congress[2]-55:13, blocking[1]-45:5 cameras[6]-44:17,39:20,40:2,40:6, closer[1]-62:4 59:24 blocks[1]-17:24 49:8,49:15,65:9,40:9,40:11,46:14, Club[1]-32:17 connected[1]-49:8 65:18,65:24 46:21,46:23,47:1,blue[1]-24:18 Code[2]-63:19,64:3 connection[2]-29:7, bluegrass[1]-48:16 Campus[1]-7:5 47:3,47:5,47:6,color[1]-26:8 33:16 BMP's[1]-52:23 campus[10]-8:13, 53:23,54:1,56:16, ComEd[2]-15:1, conservative[1]- board[3]-9:16,10:4, 8:14,8:21,30:10,56:22,57:11,57:14, 15:4 60:13 16:16 32:21,32:22,47:21, 59:17,59:21,62:2, coming[3]-32:5, consideration[1]- Board[2]-36:17, 66:11,73:8,73:14 63:7,63:15,64:7,37:5,38:21 10:12 36:2368:10,68:1371:13 cancer[2]-43:22, 65:7,67:17, 6 67:19, comment[1] 10:12 considered[1]-23:24 8:15,body[4]-55:15, comments[1]-10:10 consisting[1]-7:1 cancers[1]-43:17 68:19,69:1,69:4,63:14,63:18,67:2 Commission[4]-3:7, construction[3]- bold[1]-52:16 candles[1] 71:14 70:17,71:19,71:21, 3:20,3:21,10:13 38:19,51:4,53:14 bolt[1]-63:8 cannot[z]-41:6, 72:1,72:10,73:15, COMMISSION[1]- consultant[1]-8:1 border[1]-60:20 62:21 73:23,74:1,74:5, 1:10 contact[3]-50:13, capacitors[1]-18:1 74:13borders[1]-61:3 commission[1]-4:20 63:5,63:6 born[3]-12:19, capital[1]-33:22 chance[2]-65:20, Commissioner[1]- contain[1]-29:5 Capital[1]-26:19 71:1013:19,32:7 36:16 continue[1]-24:6 bought[1]-48:4 capture[1]-29:15 change[2]-3:5, committed[1]-49:20 control[3]-8:18, car[1]-18:17 34:19 box[6]-14:11, 15:17,committee[1]-55:14 28:1,75:15 17:17, 17:20,24:18, careful[1]-9:24 changing[1]-11:8 communication[1]- conversation[2]- 49:11 Carolina[4]-55:8,characterized[1] 13:23 18:12,21:6 brain[1]-23:23 55:9,60:2 18:11 community[4]-8:12, conversations[1] case[1]-61:19 check[1]-16:24brains[3]-14:13, 8:23,13:6,71:6 51:17 15:18,21:3 categories[1]-27:24 chemicals[3]-29:6, Community[1]-2:10 converts[1]-14:14 categorized[1]- 61:9,64:22brakes[1]-71:15 company[3]-12:19, cool[1]-17:19 24:13 children[1]-49:14break[1]-12:10 12:21,71:11 copies[3]-59:15, breakdown[1]-15:22 category[2]-24:5, Childress[2] 7:24, comparable[1]-20:2 75:12,75:14 Bridge[1]-7:14 24:9 67:23 compelling[1]-59:21 Copley[2]-50:14 broke[2]-44:4,63:7 cell[z]-16:8,16:17 CHILDRESS[2] complete[1]-75:7 corner[1]-7:4 cellphone[2]-24:4, 67:20,67:23 broken[2]-65:1,65:2 complicated[1]- Corporation[2]- brought[5]-27:12, 24:16 choose[1]-13:7 57:23 30:10,31:22 cellphones[1]-56:7 CHRIS[1]-67:2029:1,37:5,56:16, comply[1]-67:16 correct[a]-20:8, 65:8 cells[3]-16:4, 16:15, Chris[2]-7:24,67:23 component[3]- 31:16,35:20,75:7 budget[2]-34:3,43:8 61:9 Christine[z] 75:3, 60:23,64:15 correctional[1]- Center[2]-38:8, 75:20 buffer[1]-61:5 components[i]- 26:22 55:19 citations[3]-54:5, build[5]-26:21, 41:4,41:13,42:12, correlate[1]-72:19 30:22,47:24,51:9, center[7]-20:7, 54:23,59:14 60:18,61:6,61:13, costly[1]-43:10 67:7 24:22,25:1,26:21, cited[3]-53:22, 61:24 costs[2]-33:22,43:7 build-out[2]-26:21, 50:12,50:15,66:12 54:23,72:6 computer[7]-14:18, Council[2]-10:15, 47:24 century[1]-9:6 citing[z]-41:16,58:3 17:18,22:11,22:17, 34:22 building[11]-8:16, certain[1]-63:20 CITY[1]-1:6 24:16,49:8,75:8 county[11]-8:1,8:7, 9:1,48:1,52:4, certificate[1]-75:10 city[11]-9:8,9:11, computer-generated 8:11,9:6, 10:2, 10:4, 52:12,67:13,69:14, certification[1]- 9:21,11:24,25:8, 1]-75:8 47:21,48:4,48:23, 75:16 31:18,47:23,50:7,69:20,70:8,70:10, concern[3]-30:2, 52:2,57:20 70:14 Certified[1]-75:3 50:13,52:12,66:22 42:6,72:19 County[17]-6:21, buildings[3]-8:20, certified[1]-75:12 City[2]-6:20, 10:14 concerned[1]-38:22 7:5,8:22,8:24, 27:1,45:7 certify[2]-75:4, city's[1]-52:22 concerning[z]- 13:13,26:14,26:19, Vitosh Reporting Service 815. 993 .2832 cros.vitosh@gmail .com 78 31:3,34:3,36:16, DEB[q-72:2 different[13]-12:9, duration[1]-53:15 72:21 36:17,36:23,37:10, deb[1]-72:12 21:20,21:22,25:10, during[3]-19:12,encapsulated[2]- 44:5,44:23,48:4 Deborah[1]-2:4 30:14,32:1,54:21, 19:15,33:7 42:1,61:10 COUNTY[1]-75:2 December[2]-3:20, 54:24,55:3,55:20, enclosure[1]-22:23 County's[1]-13:11 75:17 57:4,57:7,73:3 E end[8]-8:21, 10:11, couple[9]-12:9, decibel[6]-18:14,difficult[1]-52:15 19:22,42:17,49:19, 23:8,27:23,31:9,18:20, 19:7,21:2, direct[3]-14:10, 50:7,53:12,62:17 54:17,54:18,55:5, 21:18,22:20 14:15,28:21 eam[i]-32:9 ends[2]-44:4,63:13 62:5,68:1 decibels[9]-18:6,direction[1]-75:15 earth[1]-16:12 enemy[1]-71:10 course[1]-33:21 18:8,18:23,19:8, directly[5] 13:11, easily[1]-41:7 Energy[5]-32:17, court[1]-8:3 21:6,21:10,21:12, 14:6,25:14,27:16, east[5]-17:5,20:19, 55:10,55:19,60:1, COURT[1]-69:7 21:19,22:15 70:22 29:19,46:14,50:1 67:24 Courthouse[i]-8:24 decide[1]-39:4 Director[1]-2:11 east/west[i]-25:14 energy[i3]-6:24,8:1, courthouse(3]-9:5, decided[1]-34:16 discuss[1]-55:4 economics[1]-35:21 14:8,14:9, 14:14, 9:18,52:3 decides[i]-34:21 discussed[5]-33:10, economy[q-48:11 15:3, 15:16,16:7, cover[2]-12:10, decisions[i]-71:7 34:8,35:11,54:6, EDC[1]-34:14 17:21,34:4,43:13, 67:11 deconstructed[1]-62:8 edge[1]-60:10 56:24,62:16 covered[3]-28:23,15:23 discussing[2]- EDP[1]-49:12 engaged[1]-32:18 29:9,64:2 deep[1]-48:16 26:21,30:7 educate[1]-30:22 ENGBERG[4]-10:21, create[3]-14:8, defer[0]-23:8 discussion[1]-3:14 effect[2]-9:10,33:12 39:13,45:18,46:22 15:16,29:12 definitely[1]-32:9 display[1]-17:20 effective[1]-40:24 Engberg[2]-2:12, created[4]-14:9,density[1]-52:19 disposal[3]-53:23, effects[1]-43:24 49:6 15:3,18:4,34:4 Department[2]-8:22, 54:2,56:17 efficient[2]-17:9,engine[i]-18:18 creates[1]-63:22 32:17 disposed[1]-41:6 53:9 engineer[4]-12:18, creating[1]-19:1 department[5]-8:17, distance[3]-28:5, eight[2]-12:19,39:5 13:18,52:13,52:22 credit[2]-15:2, 15:4 8:19,52:4,62:4, 60:8,60:9 either[3]-25:3, engineering[2]-25:9, Creek[3]-30:9, 65:23 distributes[1]-35:16 26:23,70:24 52:2 31:22,46:5 Deputy[i]-2:3 District[2]-7:3,52:18 elderly[i]-38:14 engineers[1]-52:16 crews[2]-53:9,53:10 described[1]-18:8 disturbance[1]- elected[1]-37:8 enjoy[2]-69:11 CSR[2]-75:20,75:20 describes[1]-25:10 53:17 Electric(2]-63:19, ensuring[1]-31:6 current[7]-14:10,design[2]-13:21,disturbed[1]-61:12 64:3 entered[2]-39:15, 14:15, 14:16, 14:18, 20:5 dollar[1]-33:22 electrical[3]-16:7,45:20 55:15,66:17 designated[1]-8:14 Donald[1]-2:6 42:12,61:24 entire[2]-20:4,20:23 curriculum(2]- designed[5]-24:21, donate[1]-65:2 electrocuted[4]- environment[2]- 30:12,30:23 29:17,30:13,47:21, donated[1]-57:6 62:6,62:21,63:10, 32:19,70:4 cut[4]-62:23,63:9,52:7 done[12]-5:5,10:23, 63:12 Environmental[1]- 63:17,70:10 detail[2]-21:15, 11:17, 12:15,31:24, electromagnetic[3]- 73:7 cutters[1]-63:8 25:10 40:17,51:12,57:10, 23:17,55:4,55:5 environmental[3]- detentions[1]-52:17 66:24,68:7,71:8 electronics[2]- 32:13,54:12,54:15 D determine[2]-72:8, door[1]-70:23 17:19,21:4 environmentally[1]- 72:18 doors[1]-42:7 electrons[1]-14:8 36:20 developed[3]-27:8, double[2]-16:3, 16:5 element[2]-16:12, EPA[3]-32:16,32:20,damage]3]-62:23, 27:16,35:10 doubt[2]-45:14,59:4 41:21 73:6 64:6,70:4 developers[1]-35:6 down[10]-20:7, elementary[4]-22:4, EPA's[1]-73:14 damaged[1]-57:5 Development[1]- 20:16,24:22,25:10, 30:6,30:11,30:24 equipment[1]-32:1Dan[a]-10:23, 11:5, 2:11 28:16,44:4,44:8, elements[2]-16:9, ERIC[1]-10:18 47:14,65:22 development[4]- 45:2,48:11,67:13 63:1 Eric[i q-6:19,7:22,danger[1]-64:14 9:11,12:24,26:17, drain -46:4elevation[1]-26:1 2]-18:16, 1] 12:17,26:3,47:2, dangerous email[2]-58:14,35:7 drainage[7]-42:19, 47:11,47:16,48:13, 24:8 developments[q-42:20,47:19,47:22, 59:16 51:1,51:11,59:18 DANIEL[i]-7:8 26:13 47:23,48:22,69:19 emailed[1]-58:6 errors[1]-17:22 Daniel[1]-7:12 devices[4]-23:20, drawings i -26:8 emergency[1]-49:11 dark[z]-26:5,26:6 9 [] emerenc escaping[1]-50:5 EMF[12]-23:19,24:3,24:8,24:15 drive[i]-46:16 especially[1]-66:5data[3]-57:13,57:16, dialogue[2]-11:15, driven[1]-13:21 24:12,25:2,29:24, essentially[2]-27:22,59:17 34:18 due[1]-10:12 30:3,33:9,55:4, 39:2 date[i]-3:12 Dialysis[1]-38:8 dues[1]-43:9 55:20,56:5,56:8, estimate[i]-60:13 days[a]-38:15,50:6, dialysis[6]-38:13, duly[9]-7:9, 10:19,56:11,56:13 eventually[1]-13:4 58:16,58:18 50:12,50:15,51:3, 36:13,38:5,40:13, EMF's[1]-60:19 everyday[5]-18:20,DC[q-14:9 51:5,66:6 67:21,68:21,70:20, emits[i]-60:17 23:19,24:3,24:15 dealt[1] 65:22 difference[1]-13:15 72:3 emitted[z]-33:9,everywhere[1]-56:8 llitosh Reporting Service 815. 993 .2832 cros.vitosh@gmail . com 79 evidence[1]-55:15 36:9 Flavin[1]-2:5 gate[2]-49:10,49:11 H evidencing[1]-51:23 favorable[1]-54:14 Flavin-Goins[1]-2:5 generated[1]-75:8 evils[1]-69:17 feedback 01-24:21 flip[1]-62:14 Geographic[1]- examined[1]-40:13 feet[22]-21:11, flooding[1]-42:17 32:16 hair[1]-8:15 Excellent[i]-67:17 21:13,22:14,22:19, floor[i]-66:12 girlfriend[1]-70:13 half[3]-9:6,22:8, excerpt[1]-60:5 22:21,22:23,24:24, flows[i]-52:14 gist[1]-28:11 25:19 excuse[1]-23:22 28:7,28:9,33:4,Flynn[1]-7:24 given[5]-23:18, hand[4]-5:8,40:3, exist o]-8:10 39:5,42:7,43:1,focused[2]-32:7, 47:23,49:23,56:11, 75:13,75:17 existing[1]-60:14 46:6,52:20,56:1,65:16 56:13 happy[5]-59:16, expansion[2]-26:23, 56:12,59:1,60:7, folks[1]-32:17 glare[3]-29:12, 66:19,66:23,72:13, 44:22 60:8,60:9,60:13 follow[1]-5:20 38:23,38:24 72:24 expectancy[i]-56:18 female[2]-62:18,followed[1]-66:17 glass[2]-16:3,16:5 Harker[5]-2:2,4:14, expectation[1]- 63:4 following[1]-3:1 Go[ns[4]-2:5,4:12, 6:16,7:11,74:12 60:15 fence[21]-25:15,follows[9]-7:10, 6:12,74:6 HARKER[54]-3:4, experience[2]- 25:18,25:20,39:5, 10:20,36:14,38:6, GOINS[6]-4:1,4:13, 4:2,4:4,4:15,5:13, 56:11,56:13 44:12,44:20,49:2, 40:14,67:22,68:22, 6:4,6:13,71:20, 5:24,6:6,6:17, experts[1]-58:22 49:7,49:20,49:24, 70:21,72:4 74:7 26:10,36:7,37:12, explain[2]-14:1, 50:9,50:17,62:8, foot[i]-25:19 Google[i]-46:5 37:16,37:19,38:2, 38:12 62:10,65:24,66:4, footprint[i]-9:4 Government[1]-7:5 39:10,39:17,39:20, 66:23,67:10,67:15, 40:2,40:6,40:9, explained[]-50:21 force[i]-55:5 government[2]-45:6, expose[1]-61:15 69:14 foregoing[i]-75:6 49:18 40:11,46:14,46:21, exposure[1]-55:16 fenced[2]-33:11,forever[2]-45:10,governmental[1]- 46:23,47:3,47:6, 33:12 53:23,54:1,56:16, extended[1]-67:10 59:5 54:11 extension[1]-69:16 fences[3]-70:6, form[2]-42:1,61:10 grabbing[1]-10:22 56:22,59:17,59:21, extremely[3]-24:1,70:15 formal[1]-39:24 grading[1]-51:9 62:2,63:7,63:15, fescue[1]-48:1564:7,65:7,67:17,24:14,66:16 forth[i]-11:3 grants[1] 33:24 eyesore[1]-44:21 fescue-type[i] forward[5]-35:13, grass[4]-31:13, 67:19,68:10,68:13, 48:1568:15,68:19,69:1,36:10,37:4,37:14, 31:16,48:15,70:6 69:4,70:17,71:19, F few[2]-12:6,28:8 42:23 gravel[1]-31:13 Field[i]-73:1271:21,72:1,72:10,four[3]-21:20,38:16, great[i o]-11:14, 73:15,73:23,74:1,field[25]-23:12, 48:17 11:17, 12:3,13:23, face[2]-17:5,29:20 24:12,25:3,25:13, 74:13 frame[3]-16:2, 14:1,25:7,29:13, harm[2]-30:21,facility[4]-8:18,11:7, 27:3,27:6,27:15,16:22,23:20 30:19,34:18 26:22,49:10 27:21,28:5,28:8, 73:10 frankly[2]-48:12,Greenpeace[i] harmful[a]-16:14,facing[i]-29:19 29:2,30:7,30:15,66:19 32:16 fact[4]-32:20,35:9, 31:7,33:14,37:1, 29:5,29:9,57:15 free[3]-6:23,12:4, grid[4]-13:8, 15:1, harvested[] 48:10 54:8,57:10 38:10,55:4,55:24, 12:6 15:5,25:23 factors[1]-54:15 56:9,56:18,61:24, GRNE[6]-6:18,7:16, hazard[2]-40:21, free-standing[1]- 55:17familiar[z]-53:21, 68:3,72:20,73:8 6:23 7:23,33:15,33:19, 54:3 fields[9]-23:17, 49:13 hazards[2]-41:15, frequency[2]-24:1, 42:10families[1]-58:23 27:20,28:12,29:8, 24:14 ground[s]-15:7, family[i]-59:11 30:1,31:9,55:16, head[2]-47:20,62:17 front[6]-17:20, 15:11,31:23,31:24, Health[1]-8:22fan[3]-17:18,22:16, 56:4,69:19 21:21,52:6,53:12, 48:8,48:19,48:23, 22:17 figure[2]-41:18,45:455:12,56:6 64:23 health[17]-29:8, Fanthorp[1]-40:8 filed[1]-6:19 full[3]-16:18, 16:23, Group[1]-67:24 30:2,30:21,33:17, final[2]-28:14,49:17 40:20,41:15,43:24, FANTHORPE[s]- 58:6 groups[1]-33:19 37:17,37:21,39:19, finally[2]-32:11,33:152:3,52:6,54:14,full-time[1]-58:6 growing[2]-8:23, 55:17,65:5,69:21, 39:23,40:8,40:10, fine[1]50:18 fun[q-64:13 48:7 40:12,40:15,45:21, fire[3]-49:12,61:13, 72:6,72:8,72:19, functional[1]-31:7 grown[1]-66:15 73:11 46:1,46:9,46:13,61:15 functions[1]-8:10 grows[1]-9:6 46:16,46:19,57:24, firm[1]-25:9healthy[1]-11:19 fund[1]-34:1 GRYDER[2]-36:12, hear[9]-7:21,18:17, 58:4,59:15,60:16, first[is]-5:17,7:9, funds[1]-35:10 36:15 62:5 8:16,10:19, 14:22, Gryder[q-36:16 22:15,22:21,22:24, Fanthorpe[1]-40:10 36:13,38:5,40:13, future[3]-42:22, 23:1,23:2,33:11, 45:16,59:5 guess[3]-12:16, 68:9far[5]-8:21, 11:19,48:5,58:9,58:10, 22:7 61:7 22:1,23:22,40:23 64:21,67:21,68:21,heard[5]-4:20,4:24, G guinea[1]-45:15 36:10,69:23,69:24 farm[] 6:23 70:20,72:3 guts[1]-17:24 Farm[i]-1:17 fiscal[q-26:19 HEARING[1]-1:11 guys[1]-23:11 hearing[7]-3:3,3:5,fast[2]-61:20,61:22 fiscally[1]-36:19 Game[1]-1:17 favor[3]-4:22,5:18, flat Di-42:18 garage[1]-8:19 3:12,3:13,3:18, Vitosh 1Reporting Service 815. 993.2832 cros .vitosh@gmail .com 80 3:23,4:17,5:7,6:3, 69:9 input[2]-11:7, 11:9 10:22,11:2,11:17,L 18:12,21:7,34:21, housed[0]-18:1 inside[lo]-14:19, 29:13,36:4,54:19, 47:7,71:22,73:20, houses[3]-16:2, 15:22, 16:2, 16:15, 60:6 74:16,75:5 44:13,59:1 17:19,17:23,29:10, Jason's[i]-22:11 lady[3]-50:11,51:4, hearings[2]-3:6,3:8 housing[1]-26:15 41:13,49:10,65:24 Jeff[2]-2:3,16:17 64:10 hearsay[i]-69:15 huge[2]-52:5,52:22 install[2]-6:22, 17:9 Jersey[1]-73:13 laid[1]-63:9 height[1]-67:9 human[1]-55:16 installation[1]-35:1 jet[i]-18:18 LANA 0]-38:4 Heights[1]-12:20 hundred[1]-28:9 installations[1]- job[3]-11:17,29:13, Lana[1]-38:7 held[1]-34:13 hurt[2]-42:13,64:5 12:14 58:6 land[6]-6:24, 13:7, help[2]-14:21,16:7 hypersensitivity Ill- installed[3]-15:15, John[1]-7:4 13:14,26:13,26:14, helpful[1]-23:9 40:21 22:2,30:8 joined[1]-8:7 27:17,31:3,31:4 helps[2]-17:14,70:3 installer[i]-32:4 joint[2]-34:13,34:15 landscape[1]-25:7 hereby[i1-75:4 Iinstead[1]-9:4 jump[3]-12:6, 12:8, landscaped[2]- hereto[]]-75:11 intended[2]-48:2, 13:24 31:12,31:13 hereunto[1]-75:16 71:2 landscaping[a]- idea[1]-52:8 25:22,31:5,49:2,hi[2]-38:7,67:23 intention[2]-27:7, K Hi[i] 36:15 identified[1]-15:8 65:17 50:16 hidden[i]-15:19 ILLINOIS[2]-1:7,interconnect[1]- laptop[2]-24:4,56:6 higher[2]-18:15, 75:1 13:8 keep[3]-17:19,48:7, large[1]-27:15 43:22 Illinois[14]-1:18,interested[3]-32:18, 63:6 larger 0]-27:21 highlight[1]-28:24 6:21,7:6,7:14,7:15, 65:15,72:5 keeps[1]-8:22 LASALLE[1]-75:2 highlighted[i]-55:5 12:20, 13:1, 13:19, interior[2]-60:18,KenCom[2]-49:9, last[3]-29:14,40:6, 27:20,32:4,34:9, 66:12hinge[2]-20:18, 61:6 57:23 20:19 35:8,35:15,75:20 internal[2]-17:24, Kendall[1a]-6:21,law[i]-7:13 historic[1]-9:18 image m25:17 49:7 7:5,8:22,8:24, lawn[1]-48:17 history 0]-50:19 impact[7]-27:13,interrogatories[1]- 13:11, 13:13,26:14, layer[3]-16:3,16:5, hit[2]-41:22,47:20 28:4,28:14,28:19, 40:14 26:18,31:2,34:3, 16:6 hits[2]-14:7,19:1 32:19,33:10,34:10 intervals[i1-19:12 36:16,44:5,44:23, layout[3]-12:12, impacted[1]-14:6 48:4 HLR[1]-25:9 introduce[1]-12:16 25:7,33:3 impacting[21-13:11, kepty]-31:7HOA[12]-9:17,11:6, inverter[i3]-14:12,leak[i]-29:23 11:11, 11:19, 12:1, 15:15 14:13, 15:17, 17:16, key[3]-27:23,33:2, leasehold[1]-57:19 impacts[i]-30:16 55:13 24:22,27:12,31:19, 21:5,21:24,22:15, leasing[i]-31:3 implement[i]-30:10 kid[5]-42:11,61:23, 34:16,40:15,51:3, 22:24,23:3,24:12, least[6]-32:15,39:5, 58:1 Improvement[1] 56:10,56:12,56:14 63:7,71:16,71:17 56:21,56:24,60:13, hold[2]-6:1,62:21 26:19 inverters[iol-21:1, kids[a]-11:12,42:9, 64:9 holding[1] 6:148:20 Inc[i]-3:10 21:2,21:3,21:9, 58:24,61:19 left[7]-18:7,21:22, home[7] 24:23, incentive[2]-13:2,22:2,23:6,24:24, KILGORE[2]-70:19, 23:21,23:23,23:24, 27:16,28:6,33:5, 35:16 33:6,60:12,60:24 70:22 24:15,55:2 41:2,60:9,60:14 incentives[5]-33:24, investor[1]-34:1 Kilgore[i] 70:22 length[2]-15:12, homeowner[i]-43:5 34:24,35:4,35:11, invite[1]-4:18 killed[z]-61:23,62:6 72:7 homeowner's 0]- 35:21 invited[1]-9:19 kind[i]-15:9, 15:23, lengths[2]-72:18, 46:10 inches[1]-48:18 involved[z]-11:18,25:14,38:12,42:18, 73:2 homeowners[5]- inclusive[i]-75:7 61:14 44:23,47:8,55:21, LERMAN[5]-37:23, 11:6,34:16,42:16, increase[i]-28:18 inward[1]-65:24 61:16,70:23,71:3 38:4,38:7,39:11, Increased[1]-28:17 knocked[1]-9:3 43:7,43:11 issue[5]-10:3,49:3,39:16 homes[2]-44:11,incurred[i]-43:7 49:16,52:12,67:5 knocks[1] 14:7 Lerman 0]-38:8 65:13 independent[z] issues[5]-9:14, knowledge[i]-47:18 less[a]-34:4,56:1, honest 0]-70:9 33:18,54:10 59:21,65:4,65:6, known[1]-49:15 56:4,61:1 honestly[i]-58:21 Indiana[3]-22:4, 69:22 Knox 0]-49:11 lesser[1]-69:17 hope 0] 51:24 27:20,34:9 itself[3]-16:8, 19:16, KRAMER[15]-7:8, letter[3]-39:14, hopefully[i]-18:19 industrial[q-12:17 20:10 7:11,26:3,26:8, 45:18,49:23 Horaz[a]-2:4,4:6, 51:19,52:1,53:6, infiltrate[i]-52:9 47:14,51:11,51:15, letters [ -71:7 6:14,74:8 infiltration[1]-53:3 J level[io -18:5,18:16, H Ft a]-4:7,6:15, information[7]-11:4, 65:21,66:8,67:6, 18:19, 18:20, 19:8, 73:22,74:9 11:23,45:13,58:2, 67:8,67:18 19:24,37:10,55:22, horn[i] 18:17 58:5,58:8,58:11 jail[3]-8:20,26:23, Kramer[a]-7:12, 55:24,56:1 ingot[2]-16:10, 69:15 47:13,47:15,65:22 levels[2]-23:19,hours[2]-13:20, 64:18 January[3]-34:24, Krysti[1-2:10,11:2, 55:2038:16 initial[1]-57:17 35:14,35:24 11:17,56:6 libraryhouse[5]-14:5, 2 19:9,20:3 14:20,44:9,46:20, injured[1]-61:23 Jason[8]-2:12, licensed[q-7:13 iitosh Reporting Service 815. 993 .2832 cros.vitosh@gmail .com 81 lie[1]-71:14 M meeting[i 1]-3:7,miscreant[1]-64:12 67:4,67:6,67:7, life[a]-33:21,38:13,3:16,3:20,3:21,model[1]-46:19 67:8,67:18,67:23, 56:17,59:5 9:16,9:18,19:18, module[6]-15:14, 68:12,68:14,68:23, light[11-24:7 ma'am[1]-72:10 58:9,58:10,58:16, 15:23,15:24, 16:17, 69:3,69:5,69:8, lights[4]-10:21, machine[1]-14:21 74:17 16:22,17:15 70:22,72:13,73:21, 12:3,14:17,24:7 main[1]-15:8 Meeting[1]-10:1 modules[3]-7:1, 74:11 likelihood[q-45:2 maintained[2]- Meetings[1]-10:7 19:15,19:20 MS[54]-4:1,4:3,4:6, likely[1]-42:1 33:15,43:5 meetings mil-9:22, Monday[1]-9:19 4:7,4:8,4:10,4:12, limited[1]-20:1 maintenance[5]- 10:5,11:22,29:14, money[2]-34:1, 4:13,4:14,5:23,6:4, line[7]-25:13,25:16, 12:14,31:2,31:5,34:13,34:14,34:15, 35:16 6:8,6:10,6:12,6:13, 28:8,55:11,55:13, 43:10 34:20,44:24,58:1 month[1]-53:16 6:14,6:15,6:16, 60:7 male[2]-62:18,63:4 MEGAN[1]-40:12 months[2]-10:24,37:17,37:21,37:23, lines[3]-40:24, malfunctions[1]-megan[1]-57:22 53:18 38:7,39:11,39:16, 44:13,60:20 61:14 megawatts[3]-22:5, morning pi-71:13 39:19,39:23,40:8, link[3]-30:1,44:20, management[1]- 22:7,32:22 most[7]-7:21,8:11, 40:10,40:15,45:21, 50:17 52:23 member 0]-5:7 16:9, 16:11, 17:8,46:1,46:9,46:13, liquid[1]-64:22 mandated[1]-64:3 members[3]-4:18,44:8,57:1 46:16,46:18,46:19, list[1]-31:19 manicured[1]-31:10 16:16,59:11 Most[1]-28:23 57:24,58:4,59:15, manufactured[11- mention[2]-19:5,motions 3:17, 60:16,62:5,71:20,listed[1]-32:14 listening[1]-19:2 62:24 37:7 5:23,6:2, 19:7, 71:24,72:5,72:12, literally[1]-66:8 manufacturer[4]-mentioned[8]-10:23, 73:19 73:22,73:24,74:3, 21:24,56:20,57:8, • 11:5,13:18,21:3, motor[2]-17:10, 74:6,74:7,74:8,live[] 12:20 74:9,74:10,74:1260:2 33:3,34:13,62:11, 17:13lives[1]-38:17 manufacturers[1)-64:17 motors[11]-19:5,multi[3]-63:5,63:6,living[1]-29:2 66:1054:9 met[3]-11:1, 11:5,19:6,19:11,20:4,loads[1]-14:19 map[1]-46:5 64:21 20:21,20:22,24:24, multi-contact[21local[3]-12:22,32:8, 63:5,63:665:3 Marcum[5]-2:6,4:8, metalloids[3]-16:10, 33:3,33:4,33:6, located[8]-7:3,6:8,47:20,74:10 64:18,64:24 60:12 multi-term[11-66:10 13:13, 15:18,23:6, MARCUM[31]-3:24, meter[21-13:10, mount[4]-15:7, multiple[3]-59:22, 29:22,33:4,38:9,4:9,6:5,6:9,20:6,60:16 31:23,31:24 72:17,72:23 73:13 20:11,20:20,45:22, meters[1]-21:13 move[s]-3:17,5:21, location[s]-13:12,46:7,46:11,46:24, methods[1]-53:2 24:2,35:13,42:23,N 13:16,24:17,25:5, 51:2,51:13,51:16, Metropolitan[1]- 48:8,60:24,70:11 39:2 51:20,53:5,53:21, 52:17 moved[4]-3:24,6:4,nail[1]-47:20 location-wise[1] 53:24,54:2,57:19, MICHAEL[1]-68:20 60:11,73:21 name[8] 5:3,7:12, 13:16 57:22,58:1,59:12, Michael[2]-69:3,moving[2]-36:8, 64:8,65:8,65:19, 36:10,38:7,40:7, locks[11-62:9 69:4 38:20 57:23,69:1,72:1166:2,67:4,67:7,long-term[2]-43:12, microwave[1]-24:5 MR[85]-3:24,4:9,names(1]-8:3 58:13 73:21,74:11 middle[3]-13:14, 6:5,6:9,7:11, 10:21, Marker[1]-3:9 National[3]-32:16, look[11]-9:22,15:7,23:12,24:20 10:22,20:6,20:9,63:19,64:2 16:19,20:13,25:18, Marlys[1]-2:13 Midwest[a]-12:23,20:11,20:12,20:20, Massachusetts[2]- naturalized[1]-53:1 32:23,36:24,39:7, 27:19,32:8,34:9 20:22,21:12,23:7, NC[1]-63:5 66:7,67:13,73:1 55:19,60:1 might[8]-15:7, 25:7,26:2,26:3, massive[1]-28:11 near(1]-29:2 looked[3]-17:16, 20:13,26:13,35:18, 26:6,26:8,26:11, nearby[2]-11:7, 37:9,70:13 massively[1]-66:15 35:19,44:22,68:8, 31:15,35:20,36:15, looking[z]-36:18, material[1]-11:1 70:3 39:13,45:18,45:22, 29'21 44:17 materials[6]-3:11, Mike[3]-70:23,71:3, 46:7,46:11,46:22, nearest[z]-24:23, looks[s]-12:11, 16:14,41:10,65:6, 71:11 46:24,47:14,51:2, 33:5 16:17,16:21, 17:13, 72:20 Mike's[1]-71:16 51:11,51:13,51:15, Nebraska[11-31:23 23:13 matter[1]-61:7 MIIAM[a]-71:24, 51:16,51:19,51:20, need[el-12:3,12:4, lose[21-15:3,35:19 mean[7]-47:8,64:14, 72:2,72:5,72:12 52:1,53:5,53:6, 17:10,36:5,42:6, 66:3,66:5,71:12, 53:7,53:21,53:24, 60:23,61:2,68:1 losses[1]-70:11 Milam[11 72:12 needs[3]-8:23, lottery[zl-35:12, 71:15,71:17 milliGauss[11-55:21 54:2,54:4,56:19, 13:12,61:16 means[2]-17:4, 56:23,57:13,57:16,35:19 million[1]-33:20 negligent[1]-23:460:23 57:19,57:21,57:22, neighborhood[21-love[1]-70:24 minimal[21-28:18, low[s]-24:1,24:14, measured[1]-21:5 53:17 58:1,59:12,59:20, 9:15,46:17 43:8,43:9,48:15 mechanic[11-71:15 minute[1]-19:23 59:22,62:7,63:12, neighborhoods 46.1 [ z]- mechanicals[1]- 63:16,64:8,64:16,lower[1]-42:16 Minute[11-2:13 lumberjacks[1]-51:7 61:13 minutes[z]-19:12,65:8,65:14,65:19, 13:22,58:23 n medical[1]-24:8 19:19 65:21,66:2,66:8, neighbors[s]-9:10, uiitosh Deporting Service 815. 993 .2832 cros.vitosh@gmail . com 82 40:17,40:24,48:24, 0 operation[1]-31:7 29:5,29:12,29:15, picture[5]-15:6, 65:10 opinion[3]-68:4, 29:17,29:19,29:23, 17:12, 17:23,22:22, never[6]-19:2,48:2,70:16,70:23 38:22,41:5,41:8,30:5 65:4,65:5,69:23 O-L-S-Z-E-W-S-K-I[1] opportunity[2]- 44:9,48:14,56:19, pigs[1]-45:15 New[1]-73:13 69:8 30:22,41:17 57:6,57:12,67:10, pipe[1]-48:20 newer[1]-8:12 objection[1]-67:16 oppose[2]-37:24, 69:22 place[5]-3:22,44:16, next[18]-5:19,18:17, obviously[4]-26:14, 39:3 parcel[1]-47:24 50:3,53:19,75:9 19:24,21:1,21:5,62:8,66:14,71:1 opposed[2]-5:20, part[5]-17:4,38:16, Plan[2]-10:13,26:19 21:14,21:16,24:14, OF[3]-1:6,75:1,75:2 37:13 46:11,46:14,48:6 plan[7]-20:4,27:3, 27:16,28:2,28:3, Office[1]-7:3opposition[2]-38:11, participate[1]-7:19 42:4,42:21,42:23, 28:12,34:12,43:1, office[2]-65:20,66:3 39:18 particularly[2]-43:6, 52:2,61:17 44:9,56:10,62:20, offices[2]-13:11,oral[1]-40:14 49:1 planned[4]-3:23, 70:22 13:13 Orchard[1]-48:5 parties[2]-54:11, 21:8,24:19,25:11 night[3]-9:20,19:14, officials[1]-37:9 order[3]-5:15, 17:9, 54:24 Planner[1]-2:12 33:8 old[2]-9:5,53:2 18:4 party[3]-32:12, planning[1]-53:11 Noble[1]-2:10 Olson[4]-2:3,4:10, orderly[1]-9:11 33:19,57:9 Planning[3]-3:7, NOBLE[4]-4:3,5:23, 6:10,74:4 ordinance[1]-50:8 passes[2]-50:8, 3:19,3:21 46:18,73:24 OLSON[13]-4:11,organizations[3]- 66:22 PLANNING[1]-1:10 noise[6]-18:11, 6:11,21:10,23:5,32:12,32:15,57:9 passing[1]-59:3 plans[3]-11:8,26:16, 18:23,20:2,23:3,25:6,25:24,31:11, original[5]-47:21, past[2]-10:24,43:6 34:19 25:2,38:18 35:18,47:1,47:5,52:2,57:18,58:5, patients[1]-38:14 plants[1]-52:8 non[3]-50:23,54:12, 57:11,57:14,74:5 75:11 pay[1]-34:3 plastic[1]-62:17 64:19 OLSZEWSKI[7]- originally[1]-3:22 paying[1]-34:5 play[2]-62:17,63:3 non-profits[1]-54:12 68:12,68:14,68:20, otherwise[2]-38:1, people[7]-40:22,plot[3]-13:7,13:14, non-technical[1]- 68:23,69:3,69:5,50:18 44:8,44:10,51:3,27:17 50:23 69:8out-of-state[2]-13:4, 51:6,66:6,68:8 plug[2]-62:17,63:3 non-toxic[1]-64:19 Olszewski[1]-69:3 35:7 people's[1]-65:12 pockets[1]-56:7 nondescript[1]- on-site[4]-52:9, outside[5]-30:7, percent[2]-28:18, podium[10]-5:4, 17:17 53:3,53:10,61:21 33:11,33:12,60:17, 59:4 7:10, 10:20,36:14, normal[5]-18:6, once[3]-14:18, 66:1 permit[2]-6:22, 37:22,38:6,67:22, 18:11, 18:20,19:23, 21:13,55:21 overall[1]-47:22 52:12 68:22,70:21,72:4 21:6 One[1]-14:4 overlook[1]-44:14 person[2]-61:21,point[3]-26:3,32:5, north[5]-46:12, one[42]-5:2,6:23, overwhelmingly[1]- 64:9 65:8 48:23,50:1,51:22, 15:4,15:14,16:11, 41:5 personally[1]-70:24 Point[5]-26:7,40:19, 61:1 16:15, 16:21,19:17, own[1]-22:3 persons[2]-4:21,5:1 41:16,48:14,58:5 North[4]-55:8,55:9, 20:20,20:21,23:11, owned[1]-26:14 PETERMAN[28]- pointing[1]-65:12 60:1 29:14,31:12,32:4, owner[1]-48:7 10:18,10:22,20:9, points[2]-33:2 northwest[1]-22:3 35:3,36:22,39:1, oxygen[1]-16:12 20:12,20:22,21:12, poles[1]-48:20 Northwestern[1]- 40:9,41:7,41:18, 23:7,25:7,26:2,police[z]-49:12,62:3 12:18 44:24,49:16,51:14,26:6,26:11,31:15, 52:6,52:15,54:20, P policing[1]-65:15 notably[1]-16:9 35:20,53:7,54:4, policy[1]-66:18 note[1]-35:3 54:21,55:1,55:17, 56:19,56:23,57:13,pollution[1]-38:19 nothing[5]-16:13,59:16,63:9,63:17, p.m[1]-1:23 57:16,57:21,59:20, 25:2,27:2,33:8, 63:22,65:21,67:2, package[1]-26:4 59:22,62:7,63:12, pond[3]-52:5,52:7, 68:2,68:7,71:4, 52:24p51:17 packet[s]-39:13, 63:16,64:16,65:14, population[1]-45:1 November[21-1:22, 73:4 39:15,45:19,57:17, 72:13 portion[5]-17:13, 3:19 one-to-one[1]-15:4 60:4 Peterman[4]-6:19,25:12,63:14,63:18, nowhere[1]-13:15 ones[6]-30:22, page[1]-11:10 7:22,10:17, 12:17 74:16 nuclear[1]-24:9 32:14,50:24,55:1, Pages[1]-75:6 petition[8]-6:3, 10:9,position[2]-66:9, number[s]-6:3, 65:1,65:3 Palatine[1]-12:21 11:1, 13:3,27:22,67:1 11:11,28:7,28:16, opaque[2]-25:18, panel[16]-15:21, 32:23,57:18,73:18 49:20 16:19,16:23, 18:24, positive[z]-10:14, 32:4,61:3 petitioner[8]-3:9, 34:10 numbers[1]-28:6 open[6]-3:14,6:2,20:8,20:14,20:17, 4:23,5:7,5:16,5:22, possibility[1]-50:4 numerous[z]-13:20, 10:5,66:5,66:11,29:11,30:16,30:18, 6:19,8:6,66:21 possible[a]-7:18, 29:6 66:18 56:23,60:9,62:12, petitioner's[1]-52:13 Open[2]-9:24, 10:7 62:20,69:19 38:23,53:9,66:18 nursery[2]-26:16, photographs[1]-possibly[3]-64:8, 48:7 operate[4]-6:22, panels[27]-14:5, 26:4 12:22,33:7,56:20 14:7,15:13, 15:20, 69:14sphysicallysically[z]-62:21, posts[1]-15:10 operating[2]-33:8,17:5,17:7,18:22,62:23 potential y -4]- 41:20 62:22 20:13,20:21,24:19,pick[1]-41:22 potentially[a] 41:3, itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 83 41:23,43:3,43:24 profits 01-54:12 3:18,6:3,6:18 reasonable[3]- 5:20,8:2,8:6,8:8, pound[i]-48:22 program[2]-35:5, 45:14,47:24,59:4 37:14,39:4,39:18 power[4]-14:21, 52:18 Q reasonably[1]-61:20 requested[4]-3:11, 14:22, 14:24,19:1 Progressive[1]- reasons[1]-50:2 11:4,11:23,27:14 Power[5]-35:15, 67:24 recap[1]-28:20 requesting[2]-6:21, 40:19,41:15,48:14, quarrel[1]-66:22 project[z]-22:6, receive[1]-5:16 58:15 58:5 31:22,34:2,35:17, quarreling[1]-67:6 received[2]-41:15, required[q-25:8 powers[1]-14:19 35:22,36:21,37:4, questions[17]-4:23, 58:4 research[7]-40:18, practice[i]-7:13 44:20,46:22,50:18, 7:18,11:13, 11:21, recently[1]-32:3 57:6,58:20,58:22, practices[q-52:24 53:12,53:16 12:5,12:12,16:20, recommendation[z]-61:7,65:3,71:12 17:1,19:17,27:12, pre[i]-53:12 projector[1]-14:17 10:14,67:15 reset[1]-19:23 pre-work[1]-53:12 projects[2]-31:17, 28:21,28:24,36:4, recommended[1]- resets[1]-19:16 prefer[1]-50:17 31:20 37:1,37:18,47:2, 55:20 residential[5]-16:22, 54:18 prepare[2]-10:24, properly[1]-8:9 record[6]-30:17, 27:16,27:17,28:12, 11:3 properties[3]-28:2, quick[a]-33:1,39:14, 39:15,45:20,47:15, 49:21 39:21,47:4 prepared[2]-7:22,28:3,70:5 65:22,72:15 residents[4]-9:19, 11:20 property[15]-7:2, quiet[2]-18:7,50:24 recording[2]-22:18, 25:22,29:21,44:5 present[1]-4:21 8:9,27:10,27:13, quite[1]-58:21 22:22 resistors[1]-18:1 PRESENT[2]-2:1, 28:4,28:8,28:17,recycle[1]-41:8 resolution[1]-66:23 2:9 29:3,34:7,34:11, R red[i]-24:20 respectfully[1]-39:4 presentation[9]- 40:23,44:7,46:8,reference[2]-19:10, respond[4]-47:12, 5:17,7:20,7:23, 57:4,60:7 racking[i o]-15:9, 23:20 47:17,50:24,51:11 10:11, 11:21,11:24, proponent[1]-52:22 15:19,17:2,17:11, referenced[1]-59:13 responders[1]-49:11 28:23,54:22,59:23 proposal[q-36:9 17:14,19:4,19:6, reflect[2]-29:16, response[2]-37:15, presented[5]-7:22, proposed[7]-4:19,20:10,33:4,33:6 29:18 58:17 29:3,54:8,54:14,22:6,22:8,27:3,radiation[1]-29:23 refrigerator[4]- responsibility[1]- 57:17 38:9,68:24,73:13 radio[1]-24:3 14:20, 18:11, 19:9, 75:13 presenting[1]-29:13 proposing[2]-27:22, radioactive[1]-24:10 20:3 responsible[4]-31:4, presents[1]-55:16 31:12 radiowave[1]-24:5 regarding[4]-4:19,31:8,36:19,36:20 preserved 01-50:21 Protection[1]-73:7 rails[1]-15:11 4:24,53:8,73:18 rest(1]-66:5 president[1]-40:16 proud[1]-32:9 raise[4]-5:8,40:3, regards[1]-49:3 result[1]-37:3 pretty[4]-26:6, prove[2]-45:13, 44:9,61:3 regularly[1]-33:14 retain[1]-46:3 38:16,62:2,71:18 45:15 raised[5]-12:20, regulations[1]-63:19 retention[4]-45:24, previous[5]-11:22, provide[6]-8:3, 18:5, 13:19,32:7,44:13, reiterate[i]-38:12 46:1,48:22,51:22 19:18,31:17,31:20, 23:18,31:19,58:11, 60:21 related[4]-41:20,reviewed[i]-37:9 54:21 72:14 Randall[2]-50:3, 51:18,54:16,73:11 reviewing[1]-52:22 previously[1]-34:14 provided[3]-3:10,66:10 relationship[1]-31:2 Richard[1]-66:10 prideful[i]-32:6 21:23,59:22 Randy[1]-2:2 released[2]-41:14, rigorous[1]-33:16 prison[i]-45:1 PUBLIC(i]-1:11 range[a]-18:10, 64:22 rippling(i]-23:1 prisoners 01-50:5 public[30]-3:3,3:5, 18:14,22:20,53:16 remember[2]-29:19, rises[1]-17:6 privacy(1]-65:10 3:6,3:8,3:12,3:13, rather[2]-50:17, 31:18 risk[a]-54:15,59:10, problem[7]-41:1, 3:18,4:19,4:21,5:7, 69:13 remove[q-43:2 72:9 43:3,43:20,51:6,5:8,6:3,8:14,8:20, rating[1]-43:22 removing[1]-42:15 risks[1]-44:6 66:4,69:18,69:20 10:12,26:20,34:20, read[4]-41:17,58:7, repeat[2]-5:9,40:3 Road[3]-1:17,7:4, problems[3]-41:7,39:24,47:7,49:9,58:14,58:17 report[5]-55:7, 48:5 43:5,43:17 50:1,52:3,52:6, reading[1]-21:2 55:10,55:12,56:2, roll[5]-4:3,4:5,6:6, proceedings[4]-3:2, 71:22,72:14,73:17, readings(1]-21:18 72:24 73:24,74:1 74:15,75:5,75:8 73:20,74:16,75:5 ready[3]-5:22,7:7, REPORTER[1]-69:7 roof[2]-14:6,31:24 process[6]-11:15, pumped[1]-52:18 35:23 reporter[1]-8:4 room[1]-56:5 11:19, 12:13,18:3, purpose[3]-4:16,Reagan(1]-2:5 Reporter(i]-75:4 root[1]-48:16 35:12,68:2 4:17,29:14 real[4]-7:2,39:13, represent[3]-5:3,roots[il-48:18 produce[2]-18:22, pushed[2]-15:1, 39:21,47:4 7:16,38:8 rotate[3]-17:8, 56:24 30:18 realistic(i]-60:15 representative[1]-19:20,20:19 produced[z]-25:8, put[13] 9:3,13:21, realize[1]-39:23 44:24 rotates[1]-19:15 27:19 30:15,37:6,54:13, really[7]-9:2, 10:1, representatives[2]- roughly[q-7:1 produces(i] 25:3 55:7,56:14,60:6, 10:10,22:24,62:3, 7:17,40:1 Route[1]-45:7 product 0]-53:18 67:1,69:13,70:1, 63:10,70:8 reproduced[i]- row[1]-20:13 products[s]-34:10, 70:2,70:10 reason[3]-29:8, 75:14 ruling[1]-28:15 35:10,37:1,54:10, Putting[q-44:19 42:3,57:2 request[01]-4:19,run[6]-12:21,15:12, 60:3 PZC[5]-3:11,3:14, 4:23,4:24,5:19, llitosh Reporting Service 815. 993 .2832 cros .vitosh@gmail.com 84 19:11,19:14,19:20, 62:15,69:13,69:16, sign[1]-5:4 33:3,33:14,33:17, 71:9 19:22,22:11,24:22 70:9,70:12,71:1 signed[1]-75:12 33:19,34:4,35:4, start[4]-18:16, running[3]-20:1,seeing[1]-50:6 silicon[2]-16:9, 38:10,41:5,41:8,19:24,23:21,23:23 22:16,64:22 send[1]-58:14 64:18 43:13,44:9,54:16, started[2]-8:4,12:18 runoff[2]-51:21, Senior[1]-2:12 Silicon[1]-16:11 55:24,56:3,56:9, starting[1]-18:7 52:10 sense[2]-8:6,49:22 silicone[1]-41:12 56:18,56:19,56:23, starts[1]-55:23 runs[3]-17:19, sent[3]-39:14,45:18, similar[0o]-21:7, 57:6,57:12,60:10, STATE[i]-75:1 20:16,25:13 71:7 22:4,22:16,27:15, 61:24,62:12,62:20, State[2]-55:9,60:2 rural[1]-18:7 separate[1]-13:5 28:1,28:3,32:21,65:16,68:3,69:19, state[6]-5:2,7:13, set[5]-27:2,61:14,32:23,43:20,73:12 69:22,72:20,72:22, 13:4,35:7,36:10, S 63:8,65:11,75:16 similarly[1]-23:16 73:7,73:12 69:1 settlement[i]-48:6 simply 01-52:16 solid[7]-49:20, States[1]-59:24 setup[1]-13:5 single[1]-17:3 49:24,50:9,50:17, stay[3]-48:3,71:1, sad[1] 48:3 seven[1]-25:19 site[18]-20:4,20:23, 66:23,67:15 71:2 safe[s]-42:1,42:5, seven-and-a-half- 21:9,22:3,22:9,somewhat[i]-53:1 steel[1]-15:10 43:21,45:14,45:16, foot[1]-25:19 23:6,25:11,26:24, somewhere[1]- step[3]-36:10,37:14 58:13,59:4,61:11 15:19 safety[8]-8:14,8:20,sorry several[3]-8:19, 28:1,31:1,31:6, Step[q-14:4 26:20,45:11,49:3, 10:24, 11:3 52:9,53:3,53:10, 4]-5:24,13:24, steps[1]-34:12 shade[1]-30:15 53:13,53:15,61:21 39:20,44:2 Sterigenics[1]-43:20 49:9,58:23,62:8 sort[1]-64:14 Sanitary 0] 52:17 share[i]-73:1 size[5]-22:5,22:6,still[9]-4:16,22:20, save[i]-33:20 Shawn[1]-8:2 53:1,53:15,73:12 sound[5]-12:11, 22:21,35:15,44:14, sheets[3]-57:12,sized[1]-32:21 18:3, 18:12,22:16, 48:14,48:18,61:15, savings[1] 44:5 57:13,57:16 sky[1]-17:7 33:9 67:13 saw[i]-18:18 slated[i]-35:1 sounds[4]-18:2,stone[1] 27:2 scale[2]-16:18, sheriff p]-44:16, 49:5,49:7,49:23, slide[3]-14:1,21:14, 22:13,51:2,73:4 stood[i]-70:13 16:23 65:14,66:10,66:17 32:15 source[z]-55:17,stop[2]-12:6,47:7 scenario[1] 27:15 Sheriff[1]-50:3 slides[1]-23:8 55:18 stormwater[i]-52:9 scheduled[3]-3:6, sheriff's[6]-8:17,slight[1]-34:10 sources[4]-54:5,story[3]-44:11,48:3, 3:12,3:18 55:3,59:23,72:17 School[z]-30:9, 8:19,62:4,65:20, small[1]-48:20 67:12 65:23,66:3 smaller[1]-52:6 South[] 7:14 Street[z]-7:4,7:15 31:22 south[7]-25:15, school[4]-22:4, shining[2]-19:13, smash[3]-41:22, string[1]-63:23 25:19,26:1,29:21,19:14 64:13,64:20 structure poi-13:2, 30:4,30:11,30:24 46:18,48:24 shocked[2]-63:10, snap o]-63:4 15:9, 15:19,17:2, science[1]-51:18 64:5 society[1]-50:6 southeast[1] 7:3 17:11, 17:14, 19:4, scientific[1] 64:9 Shorthand[1]-75:3 software[i]-52:18 southerly[1]-66:4 19:6,20:10,48:16 SCOTT[i]-36:12 show[16]-21:18, Solar[5]-6:18,7:16, southern[i]-25:12 structured[2]-35:5, Scott[1]-36:15 26:4,26:9,29:7, 7:23,33:15,33:20 space[2]-9:2,27:2 51:21 screen[1] 21:17 30:20,34:17,41:13, solar[1o3]-6:23,7:1, span[]-59:5 students[1]-30:14 Scrufty's[1] 46:20 43:15,47:22,53:13, 9:8, 12:10,12:11, special[5]-6:21,9:9, studies[22]-29:6, seated[1]-5:14 55:15,56:3,57:1, 12:24,13:6, 14:2,11:4,37:6,50:8 41:12,43:12,47:22, second[12]-4:1,4:2, 58:12,65:5 14:4,14:5, 14:7,specific[1]-54:9 53:22,54:7,54:17, 4:3,4:4,6:5,9:1, showed[2]-27:14,14:21,15:13, 15:14, specifically[5]-11:2, 56:3,57:1,57:10, 16:11,48:9,55:18, 28:19 15:20,15:21, 15:23, 30:3,32:7,34:9, 58:3,58:12,59:7, 66:12,73:22 55:3showing[1]-59:18 16:4,16:8,16:17, 59:12,64:17,64:19, seconds[3]-6:1, shown[5]-34:8, 16:19,16:23,17:5, spell[1]-69:6 65:5,72:6,72:7, 19:20,62:6 48:13,54:8,55:13, 17:7,17:9, 17:14, spellings[i]-8:3 72:15,72:24,73:3 secure[3]-62:24, 73:6 18:4,18:22, 18:24, spent[2]-36:18, study[12]-12:12, 63:3,63:6 shows[7]-22:22, 20:13,20:14,20:17, 36:22 21:1,27:14,27:18, security[6]-44:15,26:11,26:20,28:5, 23:12,23:18,23:24, spoken[1]-40:16 28:19,29:4,29:24, 50:2,61:19,61:21, 28:16,32:11,55:11 24:11,24:19,25:2, spring[1]-35:1 34:8,52:14,56:8, 65:9,65:18 shrub[1]-39:6 25:13,25:22,27:3, SS[1]-75:1 65:4,72:8 see[32]-12:2, 14:4, shrubs[1]-70:7 27:6,27:15,27:20, staff[6]-3:10,9:23, stuff[3]-47:16, 14:11, 15:9,15:14, shut[1]-14:23 28:2,28:3,28:5, 11:16,36:23,49:5, 64:10,64:11 16:1,17:12,18:6, sic[i] 39:7 28:8,28:12,29:2,60:6 subdivision[i]- 18:9,21:17,23:22, side[12]-16:6,25:19, 29:5,29:7,29:11, staff-wise[1]-36:23 48:24 23:23,24:11,24:18, 38:9,38:10,39:7,29:12,29:15,29:16, stage[1]-22:23 subject[1]-31:6 24:23,25:14,28:1, 39:9,49:17,50:1,29:19,29:23,30:1, stand[3]-5:8,9:5, submit[3]-35:14, 30:16,30:17,31:9, 50:16,54:19,61:1, 30:7,30:15,30:16, 40:3 35:23,38:11 34:22,44:12,49:10, 62:15 30:18,32:4,32:14, standing[5]-6:23, sum[1]-63:24 49:24,55:1,60:19, Sierra[1]-32:17 32:20,32:21,32:22, 21:4,21:16,56:10, summary[q-33:2 Vitosh Reporting Service 815. 993 . 2832 cms .vitosh@gmail . com 85 sun[1o]-14:6, 14:7, testify[1]-5:1 touched[1]-63:13 ultimately[1]-8:17 various[1]-32:1 15:16, 17:6, 17:8, testimony[6]-3:15, towards[1]-65:12 unanimously[2]-varying[2]-72:18, 17:11,19:1, 19:13, 4:18,4:21,5:16,toxic[11]-16:13, 37:3,37:11 73:2 19:14,33:7 73:17,73:19 41:6,41:9,41:19, uncertain[1]-27:9 VICE[13]-4:11,6:11, sunlight[1]-29:15 tests[2]-30:15,33:16 53:24,54:1,61:8, under[5]-10:2, 21:10,23:5,25:6, sunroom[1]-70:13 THE[1]-69:7 64:11,64:14,64:15, 48:14,63:9,75:12, 25:24,31:11,35:18, supplier[1]-34:6 themselves[3]- 64:19 75:14 47:1,47:5,57:11, support[5]-15:13,18:22,21:2,60:3 tracker[2]-17:3,20:9 underneath[2]- 57:14,74:5 32:14,32:20,33:19, Therefore[1]-3:13 tracking[1]-20:6 15:20,31:16 VICE-CHAIRMAN[13] 56:15 thereof[2]-75:12,trade[1]-13:19 undisturbed[1]- 4:11,6:11,21:10, supposed[1]-46:3 75:16 traffic[2]-23:2,45:7 53:19 23:5,25:6,25:24, sustaining[1]-38:13 they've[7]-26:8, transcribed[1]-75:4 unencapsulated[1]- 31:11,35:18,47:1, SVS[1]-57:11 35:11,44:19,52:7, transcript[2]-75:8,41:24 47:5,57:11,57:14, swear[1]-68:16 52:21,53:2,66:15 75:11 unfortunately[1]- 74:5 swore[1]-39:21 thick[1]-66:16 transferred[1]-14:10 58:7 video[2]-7:23,23:10 sworn[13]-5:12,7:9, thinks[1]-64:12 transmit[2]-16:7,unit[1]-38:21 videos[2]-22:10, 10:19,36:13,38:5, third[6]-12:7,22:22, 62:16 United[2]-6:20, 23:14 40:5,40:13,67:21, 32:12,33:19,54:10, treatment[1]-38:14 59:24 view[4]-31:21,45:6, 68:13,68:18,68:21, 57:9 tree[3]-25:16,25:21, UNITED[1]-1:6 66:13,72:15 70:20,72:3 third-party[3]-32:12, 44:13 units[1]-54:2 violate[1]-10:7 system[12]-6:24, 33:19,57:9 trees[1s]-25:11, universities[2]-57:7, visibility[1]-66:20 14:14, 15:7, 15:12, threat[1]-30:2 26:16,39:7,42:15, 65:3 visual[1]-66:13 15:18, 17:22,21:4, three[13]-7:17,9:17, 43:2,45:10,48:2, University[3]-12:18, vital[1]-35:22 23:24,31:23,31:24, 15:8,16:9,21:12,48:5,50:20,51:8,55:9,60:2 Vitosh[2]-75:3, 33:21,49:8 22:14,38:15,48:17, 61:4,66:15,66:19, unknown[1]-44:1 75:20 systems[2]-32:1, 53:16,53:17,55:3, 69:11,69:13,70:7, unless[2]-61:20,voice[2]-18:13,21:8 44:15 67:12,69:17 70:15,71:1 62:23 voltage[3]-30:17, three-month[1]- trespassing[1]- unsafe[2]-63:21, 63:24 T 53:16 49:14 64:1 voltages[1]-63:20 three-story[1]-67:12 Tr[[2]-30:9,31:22 unusual[1]-8:6 volts[1]-63:23 throughout]5]- Tr[-Creek[2]-30:9, up[37]-12:10, 12:12, vote[4]-6:6,34:22, table[1]-42:17 12:13, 12:22, 18:3, 31:22 16:8, 18:2,22:18,70:14,74:2 Taker[1]-2:13 19:21,30:24 true[2]-51:19,75:7 23:17,27:12,28:21, voted[3]-37:3, talks[2]-26:22,55:19 tightened Di-63:3 trust[2]-69:21,71:11 29:1,31:1,34:17,37:10,58:19 tall[2]-25:19,39:6 timeline[1]-53:8 try[4]-23:14,41:18, 37:14,37:20,37:24, Target[1]-45:7 timeliness[1]-36:2 51:13,53:8 38:3,41:5,41:22, W taxpayers[2]-33:20, timing[3]-27:9,35:3, trying[2]-41:8,56:9 42:17,44:4,44:11, 48:4 35:22 tube[1]-48:11 44:13,47:9,50:15, technical[3]-10:17, wake[1]-71:13 today[3]-41:16,58:6, tum[5]-14:17,17:11, 53:13,56:16,65:9, 47:16,50:2370:13 17:14, 19:5,36:3 65:11,66:15,68:2, walking[1]-23:11 Technology[1] together[e]-13:21, twice[1]-48:5 68:11,68:12,68:16, wall[2]-9:3,67:7 55:1060:6,62:19,63:4, two[17]-3:6,3:8,6:1, 69:9,70:10,71:9, wants[3] 44:16, television[1]-24:449:7,68:1663:14,63:17,63:18, 10:2,10:6,11:12,71:13,73:5 temporary[1]-26:15 63:23 20:4,20:22,22:7, updated[1]-52:13 warranted[1]-56:20 ten[s]-19:12, 19:19, tonight[9]-4:18, 28:18,34:13,34:15, upgrade[1]-57:3 washing[1]-14:21 21:13,22:19,22:217:17,8:5,9:8, 10:13, 44:11,53:16,53:17, upstairs[1]-9:4 watchdog[1]-54:12 term[3]-43:12, 11:20,22:11,23:15, 63:13,69:17 urgency[1]-35:4 watchdogs[1]-32:13 58:13,66:10 34:20 two-story[1]-44:11 utility[4]-13:8,15:1, water[8]-42:16, terminals[1]-63:13tonight's[6]-3:6,3:9, type[9]-42:4,43:7,15:2,15:5 42:24,43:3,43:10, terms[12]-9:7, 13:12, 3:12,3:15,5:6, 43:16,48:15,49:6, UV[1]-24:7 45:23,46:4,51:21, 19:4,34:12,35:11, 71:22 49:11,54:15,61:12, 52:20 47:17,47:19,53:14, took[1]-27:24 61:16 V waves[1]-23:23 54:14,57:8,62:7 top[1]-16:1 typical[1]-15:6 weather[3]-41:20, test[3]-19:3,28:1, topic[3]-29:14,62:7, 61:12,63:1 60:1773:5 u vacation[1]-14:24 weather-related[1]- tested[1]-19:7 tornado[1]-41:21 value[4]-27:10, 41:20 testified[10]-7:9,totally[2] 13:5,67:10 27:13,28:4,29:3 Wednesday[1]-1:22 10:19,36:13,38:5, U.S[1]-32:16 values[4]-28:17,week[1]-38:15touch[5]-16:20, 40:14,50:11,67:21, 62:11,62:12,63:17, ugly[1]-67:5 34:7,34:11,44:7 weeks[2]-9:17, 68:21,70:20,72:3 63:18 ultimate[1]-67:14 variables[1]-72:23 10:24 itosh Deporting Service 815. 993 . 2832 cros .vitosh@gmail .com 86 welcome[4]-9:23,38:8 16:19,16:23,73:1 YOUNG[15]-4:6,4:8, west[12]-8:21,9:3,4:10,4:12,4:14,6:8, 17:7,26:24,29:20, 6:10,6:12,6:14, 38:9,38:10,38:23, 6:16,74:3,74:6, 39:8,50:1,50:16,74:8,74:10,74:12 66:6 young[3]-11:12, wetland[2]-52:5, 30:22,50:11 52:8 Young[1]-2:13 WHEREUPON[i]- yourselves[1]-72:16 3:1 whim[i]-35:15 Z whisper[2]-19:9, 20:3 white[1] 17:17 zero[2]-18:22,33:22 whole[4]-52:8, zilch[1]-47:17 66:11,66:13,69:23 zoned[z]-7:2,8:9 Willowbrook[1]-Zoning[3]-3:7,3:19, 43:19 3:21 wind[t]-23:1 ZONING[1]-1:10 windows[1]-66:13 windshield[1]-16:4 wires[3]-16:7, 18:1, 62:16 wise[2]-13:16,36:23 wish[3]-4:22,5:6, 71:8 wishing[1]-5:1 withdrawn[1]-13:4 witness[1]-40:5 witnesses[2]-5:12, 7:18 Witnesses[1]-68:18 wondered[1]-50:20 wood[1]-25:20 Woods[3]-13:22, 40:16,46:2 works[4]-12:10, 14:2,29:11,33:23 worried[1]-66:1 worry[1]-60:22 worth[1]-44:6 wrapped[1]-47:9 written[2]-38:11, 50:13 Y yard[2]-60:20,68:24 yards[1]-45:24 year[2]-26:20,37:4 years[9]-12:19, 43:15,43:21,43:24, 51:17,52:15,56:21, 57:1,57:21 YORKVILLE[2]-1:6, 1:7 Yorkville[6]-1:18, 6:20,7:5,7:15,37:5, Vitosh Reporting Service 815. 993 . 2832 cros .vitosh@gmail . com SUMMARY A request for approval of a fourth amendment to the Windett Ridge Subdivision Planned Unit Development (PUD) Agreement extending the term three (3) years until December 31, 2023. BACKGROUND CalAtlantic Homes (formerly Ryland Homes) is the current developer of the Windett Ridge Subdivision and nearing completion of the 261 single-family homes in Unit 1 of the Planned Unit Development (PUD). The original PUD was approved anticipating Unit 2 of the development could be completed with the adjacent multi-family townhome development to the south of Windett Ridge to be known as the Towns at Windett Reserve. However, the sixteen (16) remaining lots in Unit 2 cannot be developed due to the lack of an available gravity sanitary sewer connection and appropriately sized stormwater management basin. Both were planned as part of the Towns at Windett Reserve development which is currently owned by a third- party whom CalAtlantic is currently engaging for potential purchase. Since the current agreement is set to expire in December 31, 2020, CalAtlantic is requesting an extension of the agreement specifically related to completion of Unit 2 for three (3) years, or until December 31, 2023. This would allow for the potential purchase and development of the adjacent property to the south so that the construction of the regional improvements can happen contemporaneously with the final development of Unit 2. Prior Amendments As mentioned, the original Planned Unit Development was approved in June 2000 as the Coach Road Hills subdivision. In 2002, the PUD was first amended via Ord. 2002-50 to rename the development to Windett Ridge subdivision to permit townhomes, single family and a commercial parcel. While building happened under the prior developer, Wiseman Hughes, the economic downturn stalled the progress of new construction around 2008. Memorandum To: Planning and Zoning Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: December 4, 2018 Subject: PZC 2018-14 - Windett Ridge – 4th PUD Agreement Amendment Request for Extension of Term until December 2023 In 2013, the unfinished lots were purchased by Ryland Homes and an ordinance amending the PUD agreement for a second time was approved. Ordinance No. 2013-51 set forth development obligations and performance deadlines related to the completion of infrastructure, payment of fees and development build- out. This amendment also provided the benefit of increased signage, building permit and code locks, as well as a hold on punchlist items for two years. Ryland Homes has steadfastly built out Unit 1 of the subdivision in the past 5 years. Finally, a third amendment to the Planned Unit Development in 2017 (Ord. 2017-43) identified CalAtlantic as the successor developer of Windett Ridge subdivision and extended the completion of certain punchlist items until October 31, 2017. Current Development Status Currently, the the developer has completed a majority of the obligations listed in the second amended PUD agreement with the exception of the items listed in the attached punchlist letter issued on October 22, 2018 by the city’s engineering consultant, although work continues to be done on site. The development currently has been issued 249 permits in Unit 1 of the subdivision leaving twelve (12) lots left to be built, as of late October. CalAtlantic is now within their one-year warranty period for public improvements. PROPOSED AMENDED PUD AGREEMENT The draft amended Planned Unit Development (PUD) agreement to the Windett Ridge Subdivision is attached for your review and the primary terms of the agreement are as follows: 1. City allows the building permit fees to remain locked, with the exception of water meter costs, until December 31, 2020, per the 2013 PUD Amended Agreement. However, the developer will have the ability to prepay such permit fees to guarantee the fee schedule beyond the 2020 expiration date. 2. City will grant an extension for completion of the public improvements for Unit 2 until December 31, 2023. 3. CalAtlantic agrees to contribute $10,000.00 for enhanced improvements to the park in Unit 1 of the Windett Ridge subdivision which will be constructed within one year of the effective date of the proposed fourth amended agreement. STAFF ANALYSIS: The prior amended Planned Unit Development (PUD) agreements for Windett Ridge understood the successor developer was fully committed to completing the project, but due to the dormancy of the development during the recession, certain site improvements would take time. Additionally, the completion of Unit 2 is predicated on the installation of a lift station for sanitary connection and a stormwater basin which was originally planned for the adjacent Townes at Windett Reserve. If the developer were to try and finish out Unit 2 without the Townes area developed as planned, a minimum of three (3) home sites would be lost to accommodate a lift station and basin, making the project fiscally prohibitive and not in keeping with the original City approved land plan. Staff is assured the trade off for postponing the completion of the development by three (3) years is aptly off-set by the developer’s agreement to continue to pay the agreed permit fees until 2020 and donate an additional $10,000 for park improvements in Unit 1. STANDARDS FOR PUD APPROVAL OR AMENDMENT: The Planning and Zoning Commission may recommend approval of a special use for planned unit development or amendments to a Planned Unit Development (PUD) upon considering the following (Section 10-8-10-A): 1. In what respect does the design of the planned unit development meet the requirements and design standards of the development standards and design criteria. 2. The extent to which the proposed plan deviates and/or requires waivers of the bulk regulations in the zoning ordinance and how the modifications in design standards from the subdivision control regulations fulfill the intent of those regulations. 3. The extent of public benefit produced by the planned unit development, such as, but not limited to, the adequacy of common open space and/or public recreational facilities provided; sufficient control over vehicular traffic; provision of public services; provision and protection of the reasonable enjoyment of land. 4. The relationship and compatibility, beneficial or adverse, of the planned unit development to the adjacent properties and nearby land uses. 5. The extent to which the planned unit development fulfills the objectives of the future planning objectives or other planning policies of the city. 6. The Planning and Zoning Commission finds the planned unit development satisfactorily meets the standards for special use as defined in section 10-4-9 of the Zoning Ordinance which are as follows: a. 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. b. 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 diminishes and impairs property values within the neighborhood. c. 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. d. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. e. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. f. 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 planning and zoning commission. STAFF RECOMMENDATION: It is staff’s recommendation to approve the proposed amended Planned Unit Development Agreement. PROPOSED MOTION: In consideration of testimony presented during a Public Hearing on December 12, 2018 and the standards for PUD approval and amendment, the Planning and Zoning Commission recommends approval of the fourth (4th) amendment to the Windett Ridge Planned Unit Development Agreement to allow for the extension of an additional three (3) years to complete the construction of a lift station and public improvements in Unit 2 of the Windett Ridge subdivision until December 31, 2023, as presented by staff in a memorandum dated December 4, 2018 and further subject to {insert any additional conditions of the Planning and Zoning Commission}… ATTACHMENTS 1. Petitioner’s Application 2. EEI punch list dated October 22, 2018 3. Draft Ordinance 4. Draft Fee Sheet 5. Public Hearing Notice ADDRESS UNIT COMMUNITY1 STATE ZIP_CODE 7250 A ROUTE 47 A YORKVILLE IL 60560 7250 B ROUTE 47 B YORKVILLE IL 60560 7344 ROUTE 47 YORKVILLE IL 60560 7311 S BRIDGE ST YORKVILLE IL 60560 7665 S BRIDGE ST YORKVILLE IL 60560 2207 KINGSMILL ST YORKVILLE IL 60560 284 BALTRUSOL CT YORKVILLE IL 60560 276 BALTRUSOL CT YORKVILLE IL 60560 268 BALTRUSOL CT YORKVILLE IL 60560 483 PARKSIDE LN YORKVILLE IL 60560 2229 KINGSMILL ST YORKVILLE IL 60560 2221 KINGSMILL ST YORKVILLE IL 60560 285 BALTRUSOL CT YORKVILLE IL 60560 2173 KINGSMILL ST YORKVILLE IL 60560 2184 KINGSMILL ST YORKVILLE IL 60560 500 PARKSIDE LN YORKVILLE IL 60560 1984 BANBURY AVE YORKVILLE IL 60560 1999 WESTON AVE YORKVILLE IL 60560 2241 KINGSMILL ST YORKVILLE IL 60560 2237 KINGSMILL ST YORKVILLE IL 60560 2233 KINGSMILL ST YORKVILLE IL 60560 2196 KINGSMILL ST YORKVILLE IL 60560 2204 KINGSMILL ST YORKVILLE IL 60560 7511 S BRIDGE ST YORKVILLE IL 60560 471 PARKSIDE LN YORKVILLE IL 60560 495 PARKSIDE LN YORKVILLE IL 60560 2225 KINGSMILL ST YORKVILLE IL 60560 2211 KINGSMILL ST YORKVILLE IL 60560 271 BALTRUSOL CT YORKVILLE IL 60560 293 BALTRUSOL CT YORKVILLE IL 60560 2178 KINGSMILL ST YORKVILLE IL 60560 1971 BANBURY AVE YORKVILLE IL 60560 1994 BANBURY AVE YORKVILLE IL 60560 7789 ROUTE 47 YORKVILLE IL 60560 7775 A ROUTE 47 A YORKVILLE IL 60560 7775 B ROUTE 47 B YORKVILLE IL 60560 1981 BANBURY AVE YORKVILLE IL 60560 1991 BANBURY AVE YORKVILLE IL 60560 2212 KINGSMILL ST YORKVILLE IL 60560 9850 LEGION RD YORKVILLE IL 60560 4 BONNIE LN YORKVILLE IL 60560 3 BONNIE LN YORKVILLE IL 60560 12 BONNIE LN YORKVILLE IL 60560 16 BONNIE LN YORKVILLE IL 60560 13 BONNIE LN YORKVILLE IL 60560 24 BONNIE LN YORKVILLE IL 60560 23 BONNIE LN YORKVILLE IL 60560 1 {30084: 238: 02447691.DOCX :8 } FOURTH AMENDMENT TO THE PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND CALATLANTIC GROUP, INC., A DELAWARE CORPORATION (Windett Ridge Subdivision) This Fourth Amendment (the “Fourth Amendment”) to that certain Planned Unit Development Agreement (“Planned Unit Development Agreement”) by and among the United City of Yorkville, Kendall County, Illinois (the “City”) and Michael Wheeler, Robert E. Davidson, Jr., and George Engel (the “Owners”), dated June 8, 2000, as amended November 26, 2002 (the “First Amendment”), as amended August 27, 2013 (the “Second Amendment”), and as further amended October 10, 2017 (the “Third Amendment”), by and between the City and CalAtlantic Group, Inc., a Delaware corporation, successor by merger to The Ryland Group, Inc. (“CalAtlantic”) and successor-in-interest to the Owners, is entered into this ___ day of ____________, 2018 (“Effective Date”). The City and CalAtlantic are hereinafter sometimes individually referred to as a “Party” and collectively as the “Parties”. WITNESSETH: WHEREAS, the Owners entered into the Planned Unit Development Agreement in 2000 with the City whereby the Owners agreed to develop real property consisting of approximately 163.522 acres, primarily for residential use with a portion designated for commercial use all as consistent with the City Zoning Ordinance (formerly known as the Coach Road Hills Subdivision and now known as the “Windett Ridge Subdivision”); and, WHEREAS, in 2002, the Planned Unit Development Agreement was amended to change the approved zoning for townhomes to zoning for single-family residences, to amend the area designated for commercial use and such other matters deemed necessary to proceed with the development of the Windett Ridge Subdivision; and, WHEREAS, a portion of the approximately 163.522 acres was developed and 106 single 2 {30084: 238: 02447691.DOCX :8 } family residences were constructed, however, development was discontinued and ownership of the undeveloped portion of the Windett Ridge Subdivision was foreclosed upon by the financing entity and thereafter made available for purchase; and, WHEREAS, Ryland Homes purchased that portion of the Windett Ridge Subdivision, which is zoned for residential purposes, (approximately 130 acres) legally described on Exhibit A, attached hereto and made a part hereof, now owned by CalAtlantic (the “Subject Property”) and proceeded with the development of the Subject Property in accordance with the approved zoning and all commitments undertaken by the Owners pursuant to the Planned Unit Development Agreement as amended in 2002 and certain other terms and conditions as set forth in the Second Amendment; and, WHEREAS, as provided in the Second Amendment, CalAtlantic was granted certain limitations on certain fees as hereinafter itemized to be paid to the City in connection with the development of the Windett Ridge Subdivision until December 31, 2020; and, WHEREAS, CalAtlantic has advised the City that, because the sanitary sewer lift station referred to in the Second Amendment (“Lift Station”), has yet to be constructed, additional time is required to complete the Windett Ridge Subdivision and therefore requests an extension of time for an additional three (3) years on the time for completion of the Lift Station and the public improvements CalAtlantic is to construct in Unit 2 of the Windett Ridge Subdivision; and, WHEREAS, the City is prepared to grant the extensions of time CalAtlantic has requested, but only pursuant to the terms and conditions as set forth in this Fourth Amendment. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledge, the Parties agree as follows: 3 {30084: 238: 02447691.DOCX :8 } Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated into this Fourth Amendment as if fully restated in this Section 1. Section 2. Fees Payable. (a) As set forth in the Second Amendment and on Exhibit B attached hereto and made a part hereof, CalAtlantic shall pay the following fees for each dwelling unit it seeks to construct within the Windett Ridge Subdivision, provided it submits an application for building permit to the City for such dwelling unit on or before December 31, 2020: 1. $1,400.00 per house for the Yorkville Bristol Sanitary District fee, and due upon issuance of a building permit for such house; 2. $650.00 plus $0.20 per square foot for the Building Permit Fee, due upon issuance of a building permit for such house; 3. $800.00 per house for the water connection fee due upon issuance of a building permit for such house; 4. $25.00 per house for a water and sewer inspection fee, due upon issuance of a building permit for such house; 5. $35.00 per house for public walks/driveway inspection fee, due upon issuance of a building permit for such house; 6. $1,050.00 for the City’s Development Fees, due upon issuance of a building permit for such house; and 7. $3,000.00 per house for the School Transition Fee, due upon issuance of a building permit for such house, as the total number of dwelling units constructed to date in the Windett Ridge Subdivision exceeds the 140 number specified in the Second Amendment). CalAtlantic shall have the right to prepay the above fees at the rates and in the amounts specified above for dwelling units it intends to construct at the Windett Ridge Subdivision, even if CalAtlantic does not then intend to submit an application for building permit to the City for any one or more of such dwelling units, provided CalAtlantic submits such prepayment to the City on or prior to December 31, 2020. (b) The City acknowledges that, prior to the Effective Date of this Fourth 4 {30084: 238: 02447691.DOCX :8 } Amendment: (i) a previously required Weather Warning Siren fee in the amount of $12,264.15 was paid to the City; and (ii) City Sanitary Sewer Improvement Fees in the amount of $1,800.00 per unit have been paid to the City for all dwelling units to be constructed in the Windett Ridge Subdivision and, therefore, no additional City Sanitary Sewer Improvement Fees shall be due the City as CalAtlantic proceeds to complete the construction of dwelling units in the Windett Ridge Subdivision. (c) Commencing January 1, 2021, CalAtlantic shall pay to the City all fees then in effect upon application of a building permit to construct a dwelling unit within the Windett Ridge Subdivision. Section 3. Extensions of Time. (a) CalAtlantic has requested, and the City hereby grants to CalAtlantic, an extension of time until December 31, 2023, to complete the construction of the public improvements that are to be constructed in Unit 2 of the Windett Ridge Subdivision. (b) CalAtlantic has requested, and the City hereby grants to CalAtlantic, an extension of time until December 31, 2023, of the timeframe set forth in Section 4(B)(2) of the Second Amendment concerning applicable City zoning and building codes. Section 4. Water Meter Cost. CalAtlantic hereby acknowledges that the Water Meter Cost may be increased by the City on a generally applicable basis at any time prior to December 31, 2023, if the cost to the City for water meters and installation increases. Section 5. Payment of Park Contribution. CalAtlantic agrees, not later than ten (10) days after the execution of this Fourth Amendment by the City, to pay to the City ten thousand dollars ($10,000.00) for the improvement of a park in Unit 1 of the Windett Ridge Subdivision, which improvement the City agrees to undertake within one year of the Effective Date of this Fourth Amendment. 5 {30084: 238: 02447691.DOCX :8 } Section 6. Procedure for Declaring Defaults/No Outstanding Defaults. (a) In the event CalAtlantic defaults in its performance of its obligations set forth in this Fourth Amendment or any prior agreements pertaining to the Windett Ridge Subdivision, the City shall give written notice to CalAtlantic of such items in default and, unless evidence is given to the City that the default will be cured in a timely manner, all benefits and agreements to prohibit the increased in the fees as listed in Sections 2 and 3 shall be immediately canceled. (b) The City hereby confirms that, subject to the provisions of this Fourth Amendment, all Developer obligations under the Planned Unit Development Agreement, as amended by the First Amendment, the Second Amendment and the Third Amendment, which were required to have been satisfied prior to the Effective Date of this Fourth Amendment have been satisfied in full and that there are no outstanding defaults under the Planned Unit Development, as amended by the First Amendment, the Second Amendment and the Third Amendment, as of the Effective Date of this Fourth Amendment. Section 7. No Recapture Obligations/Construction of Lift Station. The City confirms that there are no outstanding utility or roadway recapture obligations that CalAtlantic will be required to satisfy in connection with its completion of the Windett Ridge Subdivision. CalAtlantic acknowledges, however, that if CalAtlantic elects not to construct the Lift Station because other parties proceed to construct a lift station on property to the south of the Windett Ridge Subdivision (the “Other Lift Station”), which Other Lift Station makes it possible to provide sanitary sewer service to Unit 2 in the Windett Ridge Subdivision, CalAtlantic could be obligated to pay its pro rata share of the costs of constructing said Other Lift Station if and when it connects the sanitary sewer mains it constructs in Unit 2 to said Other Lift Station. CalAtlantic shall give notice to the City by December 31, 2023, as to whether it intends to construct the Lift Station in the Windett Ridge Subdivision or wait until the Other Lift Station is constructed by 6 {30084: 238: 02447691.DOCX :8 } other parties. Section 8. Earthwork Improvements. CalAtlantic shall have the right to complete soil stockpile removals and subsequent grading and stabilization practices within Unit 2 of the Windett Ridge Subdivision provided CalAtlantic establishes appropriate soil erosion and sedimentation control measures. CalAtlantic shall be required to post the improvement security with the City in connection with the performance of such work. Section 9. No Further Obligations Relating to Donations or the Construction of Off- Site Utility or Roadway Improvements. The City confirms that, subject to and except as provided in this Fourth Amendment, all obligations to donate lands or pay fees in lieu of the donation of lands relating to the Windett Ridge Subdivision have been satisfied in full. The City further confirms that all obligations to construct or pay for the construction of off-site utility and roadway improvements under the Planned Unit Development Agreement have been satisfied and that CalAtlantic shall not be required to construct or pay for, directly or indirectly, any other off-site improvements in connection with or as a result of its completion of the Windett Ridge Subdivision. Section 10. Miscellaneous. A. If any section, subsection, term or provision of this Fourth Amendment or the application thereof to either Party or any circumstance shall, to any extent, be held invalid or unenforceable, the remainder of said section, subsection, term or provision and the application of the same to the Parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. B. All notices, demands, requests, consents, approvals or other instruments required or permitted by the Planned Unit Development Agreement, as amended by the First Amendment, the Second Amendment, the Third Amendment and this Fourth Amendment, shall 7 {30084: 238: 02447691.DOCX :8 } be in writing and shall be executed by the Party or an officer, agent or attorney of the Party, and shall be deemed to have been effective as of the date of actual delivery, if delivered personally, or as of the third (3rd) day from and including the date of posting, if mailed by registered or certified mail, return receipt requested, with postage prepaid, addressed as follows: To the CalAtlantic: : CalAtlantic Group, Inc. 1141 East Main Street, Suite 108 East Dundee, Illinois 60118 Attn: Christopher Gillen, Vice President With a copy to: : Meltzer Purtill & Stelle LLC 1515 East Woodfield Road, Suite 250 Schaumburg, Illinois 60173 Attn: Harold W. Francke and Ellen Joyce To the City : United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 With a copy to : Kathleen Field Orr, City Attorney Kathleen Field Orr & Associates 53 West Jackson Blvd., Suite 964 Chicago, Illinois 60604 C. This Fourth Amendment shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. D. This Fourth Amendment may not be assigned by CalAtlantic without the prior written consent of the City. E. Time is of the essence of this Fourth Amendment and all documents, agreements and covenants contained herein shall be performed in a timely manner by the Parties. F. This Fourth Amendment may be signed in counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. G. Any conflicts between the provisions of the Planned Unit Development, the First Amendment, the Second Amendment, or the Third Amendment, on the one hand, and the provisions of this Fourth Amendment, on the other hand, shall be resolved in favor of the latter. 8 {30084: 238: 02447691.DOCX :8 } Subject to the foregoing, the provisions of the Planned Unit Development, as amended by the First Amendment, the Second Amendment and the Third Amendment, remain in full force and effect and be applicable to to the extent any provision is not in conflict with this fourth amendment. 9 {30084: 238: 02447691.DOCX :8 } IN WITNESS WHEREOF, the Parties have caused this Fourth Amendment to be executed by their duly authorized officers as of the date set forth below their respective signatures, to be effective as of the Effective Date. United City of Yorkville, an Illinois Municipal Corporation By: Mayor Date: Attest: _________________________________ City Clerk State of Illinois ) ) County of Kendall ) The foregoing instrument was acknowledged before me by _________________, Mayor, and___________________, City Clerk, of the United City of Yorkville, an Illinois municipal corporation, this ______________ day of ___________________, 201_. ______________________________________ Notary Public CalAtlantic Group, Inc., a Delaware corporation successor by merger to the Ryland Group, Inc. By: Christopher Gillen, a Vice President Date: State of Illinois ) ) County of _____ ) The foregoing instrument was acknowledged before me by Christopher Gillen, a Vice President of CalAtlantic Group, Inc., a Delaware corporation, successor by merger to the Ryland Group, Inc., this ______________ day of ___________________, 201_. ______________________________________ Notary Public 11/20/2018 Windett Ridge Fee Sheet_2018_Units 1 & 2 A paid receipt from the School District Office, 602-A Center Parkway Yorkville, must be presented to the City prior to issuance of permit Permits 1-140 (1st 140 permits) are to be $1,500 (see note "a" below) Permits 141-280 (2nd 140 permits) are to be $3,000 $3,000 Separate Yorkville-Bristol Sanitary District fee - made payable to Y.B.S.D.$1,400 United City of Yorkville Fees 1. Building Permit Cost $650 plus $0.20 per square foot $650 + $0.20(SF) 2. Water Connection Fees $800 3. Water Meter Cost $550 4. City Sewer Connection Fees $0 5. Water and Sewer Inspection Fee $25 6. Public Walks/Driveway Inspection Fee $35 7. Development Fees Public Works $450 Police $150 Library $150 Bristol-Kendall Fire $300 Development Fees Total $1,050 $1,050 8. Land-Cash Fees Attached Units Park $0 School (see note "b" below)$2,689.02 Land-Cash Fees Total $2,689.02 $2,689.02 Notes b. Land-Cash has been satisfied per 'Townes at Windett Reserve Agreement' WINDETT RIDGE FEES PER UNIT UNITS 1 & 2 FEE LOCK EXPIRATION DECEMBER 31, 2020 (ORD. 2013-51) a. $1,500 for permits #1-34 issued after 8/27/13 has been satisfied. PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLANNING & ZONING COMMISSION PZC 2018-14 NOTICE IS HEREWITH GIVEN THAT Al Eriksson, on behalf of CalAtlantic Group, Inc., petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a fourth (4th) amendment to the Windett Ridge Planned Unit Development Agreement to allow for the extension of an additional three (3) years to complete the construction of a lift station and public improvements in Unit 2 of the Windett Ridge subdivision until December 31, 2023. The real property is generally located south of IL Route 71 and immediately east of IL Route 47 in Yorkville, Illinois. The legal description is as follows: THAT PART OF SECTION 9, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST ¼ OF SAID SECTION 9; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID NORTHWEST ¼, 569.20 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 47; THENCE SOUTH 35 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID CENTER LINE, 1062.70 FEET TO THE SOUTHERNMOST CORNER OF A TRACT DESCRIBED IN WARRANTY DEED FROM EDNA HALBESMA TO HANNAH GEIGER RECORDED IN BOOK 115 AT PAGE 241 ON DECEMBER 27, 1957; THENCE SOUTH 35 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID CENTER LINE, 323.02 FEET; THENCE CONTINUING SOUTH 35 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID CENTER LINE, 484.85 FEET TO ITS INTERSECTION WITH THE CENTER LINE OF LEGION ROAD; THENCE CONTINUING SOUTH 35 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID CENTER LINE AND SAID CENTER LINE EXTENDED, 1925.22 FEET; THENCE SOUTH 16 DEGREES 45 MINUTES 00 SECONDS EAST, 126.93 FEET TO THE LINE OF A FENCE EXTENDED FROM THE EAST; THENCE NORTH 88 DEGREES 15 MINUTES 14 SECONDS EAST ALONG SAID FENCE LINE AND ITS EXTENSION, 2723.16 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES 32 MINUTES 33 SECONDS WEST, A DISTANCE OF 219.34 FEET; THENCE NORTH 31 DEGREES 32 MINUTES 00 SECONDS WEST, A DISTANCE OF 125.77 FEET; THENCE NORTH 53 DEGREES 15 MINUTES 45 SECONDS WEST, A DISTANCE OF 157.59 FEET TO A POINT ON A CURVE; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 438.00 FEET AND A CHORD BEARING OF NORTH 37 DEGREES 33 MINUTES 32 SECONDS EAST, AND ARC DISTANCE OF 7.40 FEET; THENCE NORTH 37 DEGREES 04 MINUTES 29 SECONDS EAST, A DISTANCE OF 232.50 FEET; THENCE SOUTH 52 DEGREES 55 MINUTES 31 SECONDS EAST, A DISTANCE OF 25.99 FEET; THENCE NORTH 37 DEGREES 04 MINUTES 29 SECONDS EAST, A DISTANCE OF 145.00 FEET TO A POINT ON THE SOUTHWESTERLY LINE, AS OCCUPIED, OF THE OAK HILL FARM AS SHOWN IN A PLAT RECORDED IN PLAT BOOK 5 ON PAGE 16 (NOW 'SLOT 303'); THENCE SOUTH 52 DEGREES 55 MINUTES 30 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE, AS OCCUPIED, OF THE OAK HILL FARM, 421.96 FEET TO A LIMESTONE MONUMENT AT THE SOUTHEASTERLY CORNER OF SAID OAK HILL FARM BEING ALSO ON THE EAST LINE OF THE SOUTHEAST ¼ OF SAID SECTION 9; THENCE SOUTH 00 DEGREES 02 MINUTES 46 SECONDS WEST ALONG SAID EAST LINE, 445.77 FEET TO A POINT ON SAID EAST LINE OF THE SOUTHEAST ¼ OF SAID SECTION 9 WHICH IS 1533.84 FEET, AS MEASURED ALONG SAID EAST LINE NORTHERLY OF THE SOUTHEAST CORNER OF SAID SOUTHEAST ¼; THENCE SOUTH 88 DEGREES 15 MINUTES 14 SECONDS WEST, A DISTANCE OF 392.05 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. 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, December 12, 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 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 1 BACKGROUND & REQUEST: The petitioner, Marker Inc., is requesting an amendment to the Heartland Subdivision Planned Unit Development to reduce the interior side yard setback from twenty (20) feet to ten (10) feet on Lot 187 of the subdivision. Additionally, the petitioner is requesting to increase the maximum allowable height of a permitted fence in a business district from six (6) feet to eight (8) feet. This memorandum explains the existing conditions of the site, the request being made, and staff’s recommendations regarding the request. During the review process, there were several requests and comments made by staff and committee members. The petitioner is pursuing these requests but is being delayed by external forces. Once the outside issue is resolved, the petitioner will submit the requested materials. The following information is to provide the Planning and Zoning Commission with an overview of where this project currently stands. EXISTING CONDITIONS: Location Lot 187 of the Heartland Subdivision is located at the southwest corner of McHugh Road and US Route 34 (Veterans Parkway). While the property is closest to the Heartland Center Commercial Development, this parcel was included for commercial use as part of the Heartland subdivision. Therefore, the language and agreements in the Heartland Subdivision Annexation Agreement apply to this property. Memorandum To: Planning and Zoning Commission From: Jason Engberg, Senior Planner CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Date: December 6, 2018 Subject: PZC 2018-18 Heartland 3rd PUD Amendment (Text Amendment) 2 Zoning & Land Uses The subject property is currently zoned B-3 General Business District. The following are the current immediate surrounding zoning and land uses: Zoning Land Use North B-3 General Business District US 34/Undeveloped Land South R-3 Kendall County McHugh Rd/Unincorporated Residential East B-3 General Business District McHugh Rd/Heartland Center West B-3 General Business District Casey’s Gas Station and Convenience Store Annexation & PUD Agreement: The petitioner is requesting to amend Ordinance 1999-30 (Approving Annexation and PUD). This will be the 3rd amendment to the annexation agreement as Ordinance 2001-44 and Ordinance 2005-05 were the first and second amendments, respectively. Since the Annexation Agreement and the PUD Agreement are a single document, the request must go through a public hearing process and be reviewed by the Planning and Zoning Commission as a PUD Agreement Amendment. PETITIONER REQUEST: The petitioner submitted their application for a Planned Unit Development (PUD) amendment on August 22, 2018. Their application states that they would like to reduce the interior side yard setback (located on the west side of the property) from twenty (20) feet to ten (10) feet. The submitted conceptual site plan for this property is illustrated in the exhibit to the right. The petitioner also requested permission to either reduce the median within McHugh Road near the subject property to make it a mountable median or request the City remove the median from the property to the south terminus of the median. The petitioner states that the current median creates unnecessary and additional traffic going through adjacent properties for vehicles performing a north traffic movement to Route 34. Staff reviewed the initial requests with the petitioner at a Plan Council Meeting on September 27, 2018. Staff provided our comments and concerns about the requests which will be covered in detail later within this memorandum. Several weeks after the Plan Council meeting, the petitioner asked to also include a request to increase the maximum height of an interior side yard fence to eight (8) feet. Table 10.17.02 in Chapter 17 of the City’s Zoning Ordinance states, a fence in a business district may be a maximum of six (6) feet. Staff has included this request in the public hearing notice for the petitioner’s scheduled hearing on November 14, 2018. It should be noted that this request was not reviewed at the Plan Council meeting. 3 STAFF REVIEW: Yard Comparison The graphics below illustrate the difference between the buildable areas with the existing setbacks and the proposed setbacks. EXISTING SETBACKS PROPOSED SETBACKS 4 Bulk Regulations The following table describes the bulk regulations in the B-3 Zoning District in relation to the submitted conceptual site plan: B-3 Required Proposed/Notes Maximum Height 80’ or 6 stories Concept Plan indicates a 2 or 3 story building with a maximum of 45’ in height Maximum Lot Coverage 80% Concept Plan shows 51% lot coverage Front Yard Setback 50’ Ord. 1999-30 established a Front Yard Setback of 30’ Concept plan shows a 30’ setback Side Yard Setback 20’ This is being proposed to be reduced to 10’ Concept plan shows a 10’ setback Corner Side Yard Setback 30’ Concept plan shows a 30’ setback Rear Yard Setback 20’ Concept plan shows the structure over 100’ from rear lot line The proposed concept plan meets all of the criteria for bulk regulations (including the proposed side yard setback reduction). Massing The general location and size of the property only allows for construction of a small building structure within the envelope. To take advantage of the largest part of the building envelope, the structure would have to be placed at the very front of the parcel. To envision how the structure would relate to other properties, a rough example has been generated. It should be noted that the building represented below is the maximum size the petitioner has illustrated. LOOKING SOUTH LOOKING EAST LOOKING WEST 5 Parking The Concept Plan indicates that there are a total of 14 parking spaces including an ADA parking space. Section 10-16-3-F of the City’s Zoning Ordinance states that general retail shall provide 3 parking spaces per 1,000 square feet of floor area and office uses shall provide 2 parking spaces per 1,000 square feet of floor area. The Concept Plan indicates that the building will have a floor area of 1,855 square feet. A total of 6 parking spots are required for a single story building of this size. Staff is requesting the petitioner to indicate a definite number of stories for the proposed structure. A two story building of this size would still meet parking standards; however a three story building will not meet parking requirements. Lighting A photometric plan indicating that the maximum illumination at the property line shall not exceed 0.1 foot-candle and no glare shall spill onto adjacent properties or rights of way must be provided by the petitioner as part of the building permit process. Median Reduction or Removal At the Plan Council meeting, City staff and the City’s engineering consultant informed the petitioner that neither would support the removal or reduction of the median on McHugh Road. The amount of nearby ingress and egress points along McHugh Road and the turn lanes from McHugh Road onto US Route 34 make the median necessary for safety purposes. Once the petitioner was made aware of the safety concerns and the City’s opposition to the request, the petitioner has decided not to move forward with the request being put into the PUD amendment request. Fencing The petitioner is requesting to increase the height of an interior side yard fence on the west side of the property to eight (8) feet. The petitioner has not yet provided any details of the fence or the purpose for the increase in height. Once the petitioner provides information regarding any hardships the property creates and the need for additional screening height, staff will review before making a recommendation. Comprehensive Plan The 2016 Comprehensive Plan designates the future land use for this property as Mid-Density Residential. The purpose behind this designation was to acknowledge the existing residential apartment complex adjacent to this property. The apartment complex has been removed and replaced with the Casey’s General Store. The Comprehensive Plan shows adjacent properties are designated for neighborhood retail and commercial development along Route 34 is of high priority within the plan. The proposed office use is not consistent with the designated future land use in the Comprehensive Plan and is not a neighborhood retail use. Therefore, if this request is approved, an amendment to the Yorkville Comprehensive Plan will be necessary to change the future land use to the most appropriate land use designation of Destination Commercial. The Comprehensive Plan characterizes Destination Commercial as a variety of low-scaled auto oriented commercial uses including offices and for properties generally located along Route 47 and Veterans Parkway. Vehicle Access & Circulation After reviewing the submitted conceptual site plan, staff is concerned about the potential access and circulation of vehicle traffic at this location. The only access point is located along McHugh Road and will be a “right-in, right-out” intersection. The petitioner stated that they may be able to widen the access drive and add a median to accommodate larger vehicles, such as fire trucks, to ensure there is no backup in case of emergency. While this may help alleviate some concerns, staff has recommended that the site provide a connection to the adjacent property to the west, Casey’s General Store, to ensure that access can be obtained from US Route 34 and McHugh Road. 6 Committee members from the Economic Development Committee voiced a similar concern for safety with access along McHugh Road. At the November 6, 2018 meeting, committee members suggested that access should be provided through the Casey’s General Store to the west. This would allow access to the property through Casey’s parking lot off of McHugh Road and Route 34 which would limit the amount of additional traffic and turning movements along McHugh Road. Committee members were skeptical about increasing the amount ingress and egress points on an already busy McHugh Road. Staff agrees with the committee’s suggestion and has directed the petitioner to develop a plan that connects their property with the adjacent property. The petitioner has made several efforts to contact Casey’s General Store to see their interest in allowing access off their property. The petitioner has contacted the owner’s and project engineer to receive their decision and the parties have not made a decision as of today. This is the main reason that the petitioner is waiting to complete the rest of the requested materials. Once this issue is resolved and a decision is made, the petitioner will move forward accordingly. ECOMINC DEVELOPMENT COMMITTEE: The Economic Development Committee reviewed the proposed amendment on November 6, 2018. As stated previously, the committee made several suggestions that access off of McHugh Road should be avoided. Additionally, the committee requested more detailed architectural plans be submitted to help the committee understand what the petitioner is trying to accomplish. Since this is part of a Planned Unit Development Agreement, the architectural features and site plans may be reviewed and required by reviewing bodies. Staff agrees that additional architectural and potential massing exhibits should be created before moving forward with this request. As stated before, the petitioner is waiting for a response from Casey’s General Store before moving forward with drafting more detailed plans as it could affect the final design. STAFF COMMENTS: Since all of the necessary documentation has not yet been submitted due to external factors, staff is recommending that the public hearing for this request be continue at the February 13, 2018 Planning and Zoning Commission meeting. This should provide enough time for the petitioner to get their response from Casey’s and create the requested materials for submission. PROPOSED MOTION: Based upon information provided by staff in a memorandum dated December 6, 2018, and testimony provided at the December 12, 2018 Planning and Zoning Commission meeting, the Planning and Zoning Commission moves to continue the public hearing for PZC 2018-18 to the regularly scheduled February 13, 2018 Planning and Zoning Commission meeting. ATTACHMENTS: 1. Petitioner Application with attachments 2. EEI September 25, 2018 Review Memo PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLANNING & ZONING COMMISSION PZC 2018-18 NOTICE IS HEREWITH GIVEN THAT Marker, INC, petitioner has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the Heartland Subdivision Planned Unit Development to reduce the interior side yard setback from twenty (20) feet to ten (10) feet on Lot 187 of the subdivision. Additionally, the petitioner is requesting to increase the maximum allowable height of a permitted fence in a business district from six (6) feet to eight (8) feet. The real property is located at the southwest corner of the McHugh Road and Route 34 intersection in Yorkville. The legal description is as follows: LOT 187 IN HEARTLAND IN YORKVILLE UNIT 1, BEING A SUBDIVISION OF PART OF THE WEST HALF OF SECTION 27 AND PART OF THE EAST HALF OF SECTION 28, TOWNSHIP 37 NORTH RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN BRISTOL TOWNSHIP, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 16, 2001 AS DOCUMENT NO. 200100002570 IN KENDALL COUNTY, ILLINOIS PINs: 02-28-252-013 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, November 14, 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 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 1 BACKGROUND & REQUEST: As the Economic Development Committee will recall in July 2010, the City Council approved Ordinance 2010-37 which amended the Zoning Ordinance to allow for the manufacturing of alcoholic beverages as a permitted use within the M-1 Limited Manufacturing District and identified “microbreweries/brewpubs” as permitted Special Uses within the City’s business districts. Since that time, the City also adopted Ordinance 2015-32 which amended the Zoning Ordinance by adding microbreweries/brewpubs, microdistilleries and microwineries as permitted uses in all business and manufacturing districts. Staff continues to improve upon and refine this area of the Zoning Ordinance in light of recent business interest and to remain competitive among surrounding communities within this trending market. Therefore, staff is proposing to amend the text of the zoning ordinance to identify a full-scale “Brewery” as a permitted use in the M-1 and M-2 manufacturing districts, and as a special use in the B-1, B-2, B-3 and B-4 business districts. Additionally, the definition and liquor class of “Microbrewery/Brewpub” (Class M) will be amended to allow no more than 155,000 gallons of beer per year for sale to mirror the maximum production amount allowed by State Statue for liquor license classification purposes, and a new Class K license will be created for breweries. PROPOSED TEXT AMENDMENT: Staff is recommending the following revisions to the Zoning Ordinance regarding Microbreweries/Brewpubs and Breweries: 1. Amend the Permitted and Special Uses Table in Section 10-06-03 to identify “Brewery”” as a permitted use in the M-1 Limited Manufacturing and M-2 General Manufacturing districts and a special use in the B-1 Local Business, B-2 Retail Commerce Business, B-3 General Business, B-4 Service business districts. 2. Amend Title 10-2-3 of the Zoning Ordinance to include the following definitions: Brewery: An establishment that engages in the manufacture of beer as such terms are defined in the Liquor Control Act of 1934, as amended, and has obtained a liquor license from the City. 3. Amend Section 10-2-3: Definitions to read as follows: Microbrewery or Brewpub: A restaurant-brewery that brews beer primarily for sale in the restaurant and/or bar and is dispensed directly from the brewery's Memorandum To: Planning and Zoning Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: December 4, 2018 Subject: PZC 2018-19 Brewery - Text Amendment to Zoning Ordinance Identifying breweries as permitted uses in all Manufacturing Zoned Districts and Special Uses in all Business Zoned Districts 2 storage tanks. Total production capacity shall not exceed one hundred and fifty- five thousand (155,000) gallons per calendar year. One U.S. barrel is equivalent to thirty one (31) gallons. 4. Amend Section 10-6-1-G: Microbrewery to read as follows: Microbreweries/brewpubs, where if off premises consumption is allowed, all sales must be in a hand capped, sealed container with a total maximum production of one hundred fifty-five thousand (155,000) gallons per calendar year inclusive of on premises and off premises sales. Microbrewery/brewpub operations will be ancillary to a restaurant or eating establishment, and the brewing component of the facility shall be no more than twenty five percent (25%) of the total floor area. Additionally, the Liquor License regulations will be amended and revised to add the following definitions: Class M - Microbrewery/brewpub. A restaurant that manufactures only at the designated licensed premises less than 155,000 gallons of beer per year for sale primarily in the restaurant on the premises for either on premise or off premise consumption. Sales may also be made to importing distributors, distributors and to non-licensees for use and consumption. The brewery shall be an accessory use to the restaurant and shall not be more than twenty-five percent (25%) of the total floor area. Class K - Brewery. The manufacturing and retail sale of less than 930,000 gallons of beer per year for consumption on and off the premises, the retail sale on the premises of beer and wine products not manufactured on the premises and the sale to importing distributors, distributors and to other retail liquor licensees. A brewery shall also be licensed as a Class 1 Brewer by the Illinois Liquor Control Commission. A brewery may include a tavern or restaurant as an accessory use in compliance with the ordinances of the City and any condition imposed upon its liquor license. The area of the retail sales area shall not be more than twenty-five percent (25%) of the total floor area of the premises. STAFF COMMENTS: Staff will be available to answer any questions the Planning and Zoning Commission may have regarding the text amendments. The proposed amendment to the City’s Liquor Control Ordinance will also be presented at the January 3, 2019 Public Safety Committee meeting and then forwarded to City Council for approval. PROPOSED MOTION: In consideration of testimony presented during a Public Hearing on December 12, 2018 and discussions conducted at that meeting, the Planning and Zoning Commission recommends approval to the City Council of a request for text amendment to Chapter 6: 3 Permitted and Special Uses in the Zoning Ordinance to identify “brewery” as a permitted use in the M-1 Limited Manufacturing and M-2 General Manufacturing districts and as a special use in the B-1 Local Business, B-2 Retail Commerce Business, B-3 General Business, B-4 Service Business districts. This text amendment will provide regulations for the establishment and operation of such uses in these zoning districts. Additionally, the definition for “microbreweries/brewpubs” will also be amended to allow the maximum production per calendar year of 155,000 gallons, as presented by staff in a memorandum dated December 4, 2018 and further subject to {insert any additional conditions of the Planning and Zoning Commission}…. Ordinance No. _____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING THE YORKVILLE ZONING ORDINANCE BY REVISING THE DEFINITION OF MICROBREWERY AND ADDING BREWERIES AS PERMITTED USES IN MANUFACTURING DISTRICTS AND SPECIAL USES IN THE BUSINESS DISTRICTS. WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to Section 10-4-10 of the Yorkville Zoning Ordinance the City may initiate amendments to the Yorkville Zoning Ordinance; and, WHEREAS, the City filed seeking an amendment to the Yorkville Zoning Ordinance to amend the definition of microbrewery and to include as a permitted use breweries in the City’s manufacturing districts and as special uses in the business districts; and, WHEREAS, the Planning and Zoning Commission convened and held a public hearing on December 12, 2018, to consider the request and made Findings of Fact and Recommendations to the City Council to approve the requested text amendments. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: The above recitals are incorporated and made a part of this Ordinance. Section 2: That Section 10-2-3, Definitions, of the United City of Yorkville Zoning Ordinance of the Yorkville City Code is hereby amended by the addition of the following definition: “BREWERY: An establishment that engages in the manufacture of beer as such terms are defined in the Liquor Control Act of 1934, as amended, and has obtained a liquor license from the City.” Section 3: That Section 10-2-3, Definitions, of the United City of Yorkville Zoning Ordinance of the Yorkville City Code is further hereby amended to revise the following definition for “Microbrewery” to read: “MICROBREWERY OR BREWPUB: A restaurant-brewery that brews beer primarily for sale in the restaurant and/or bar and is dispensed directly from the brewery's storage tanks. Total production capacity shall not exceed one hundred fifty-five thousand (155,000) gallons per calendar year. One U.S. barrel is equivalent to thirty one (31) gallons. 2 Section 4: That Section 10-6-1-G of the United City of Yorkville Zoning Ordinance of the Yorkville City Code be and is hereby amended to read as follows: “10-6-1 Special Conditions G. Microbreweries/brewpubs, where if off premises consumption is allowed, all sales must be in a hand capped, sealed container with a total maximum production of one hundred fifty-five thousand (155,000) gallons per calendar year inclusive of on premises and off premises sales. Microbrewery/brewpub operations will be ancillary to a restaurant or eating establishment, and the brewing component of the facility shall be no more than twenty five percent (25%) of the total floor area.” Section 5: That Table 10-06-03 of the United City of Yorkville Zoning Ordinance of the Yorkville City Code be and is hereby amended by adding “Brewery” as a permitted use in the following zoning districts: M-1 Limited Manufacturing District, and M-2 General Manufacturing District. Section 6: That Table 10-06-03 of the United City of Yorkville Zoning Ordinance of the Yorkville City Code be and is hereby amended by adding “Brewery” as a special use in the following zoning districts: B-1 Local Business District, B-2 Retail Commerce Business District, B-3 General Business District, and B-4 Service Business District Section 7: This Ordinance shall be in full force and effect after its passage, publication, and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this _____ day of _______________, 2019. ______________________________ City Clerk CARLO COLOSIMO ________ KEN KOCH ________ JACKIE MILSCHEWSKI ________ SEAVER TARULIS ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ ARDEN JOE PLOCHER ________ JASON PETERSON ________ 3 Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____ day of _______________, 2019. ____________________________________ Mayor PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PZC 2018-19 NOTICE IS HEREWITH GIVEN THAT the United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a text amendment to Chapter 6: Permitted and Special Uses in the Zoning Ordinance to identify “brewery” as a permitted use in the M-1 Limited Manufacturing and M-2 General Manufacturing districts and as a special use in the B-1 Local Business, B-2 Retail Commerce Business, B-3 General Business, B-4 Service Business districts. This text amendment will provide regulations for the establishment and operation of such uses in these zoning districts. Additionally, the definition for “microbreweries/brewpubs” will also be amended to allow the maximum production per calendar year of 155,000 gallons. 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, December 12, 2018 at 7 p.m. at the Yorkville City Hall 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. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville Community Development Department, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk Background/Proposed Request Since the adoption of the updated Comprehensive Plan in 2016, staff has explored various policy options to implement the plan’s stated goals of “enhancing the visual appearance, pedestrian environment and functionality of the downtown” and “strengthen and promote Downtown Yorkville as the community’s primary mixed-use shopping district”. This has led to the recent adoption of the sidewalk and parklet café ordinance approved in 2017, the work-in-progress of the Downtown Streetscape Master Plan Overlay District with Form-Based Code, and now a proposal for regulations encouraging mobile food trucks and retail vendor units. A recent article in Zoning Practice, a publication by the American Planning Association titled “Food Truck Feeding Frenzy: Making Sense if Mobile Food Vending” (Arroyo and Bahm, 2013), explained research conducted in 2012 for the National Restaurant Association projected the “…growth of mobile food trucks to soar in the next five years, generating up to $2.7 billion in revenue nationally by 2017 – up from $650 million in 2012.” This does not include the increasingly popular business venture of offering non-food retail goods and services via a mobile unit (i.e. salon services, clothing/apparel, pet grooming and even healthcare services). The article went on to say, communities are faced with being unprepared for these mobile self-contained commercial enterprises due to outdated ordinances which may only regulate push food carts or ice cream trucks. This results in mobile food vendors running into road blocks when seeking permits from communities that without the proper ordinance, intentionally or intentionally, prohibit mobile food vending. While the City currently regulates Mobile Food Vendors under the Title 3: Business and License Regulations of the City Code, specific standards for operation of mobile food trucks within a public right-of-way versus on private property is not adequately addressed. Neither are the ancillary conveniences associated with such uses as exterior lighting, outdoor seating and refuse collection. Therefore, staff is seeking feedback on the proposed regulations and standards established in the attached draft text amendment to the City’s Zoning Code on the operation of mobile food and retail vendor units, on public and private property, as well as a proposed amendment to the City’s Business and License Regulations. Both proposed changes to the respective sections of the City Code are intended to recognize the opportunity for unique outdoor portable fare and added convenience to persons living and working in Yorkville, yet still protecting the health, safety and welfare of the public. Summary of Proposed Changes The changes proposed to both the business license regulations and the Zoning Code address three (3) areas of mobile food vending: street vending, private property vending and truck rally vending. Below is a general overview of how each are addressed in the proposed revisions. Business License Regulations Street vending for mobile food units is still permitted and no significant changes are proposed with regards to certificates of registration. Licenses will be issued to each mobile food vendor driver and/or operator on located on public property. The $200 application fee covers the first mobile unit Memorandum To: Planning and Zoning Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Jason Engberg, Senior Planner Date: December 5, 2018 Subject: Mobile Food Truck and Retail Vendor Units Public Hearing – Text Amendment and an additional $100 is charged for each additional unit for the same application. There are no application fees for charities, religious, educational or nonprofit organizations. Mobile food vending on private property is a new category in the business licensing section and will also require the applicant to obtain a certificate of registration. The application criterion is the same for operating a mobile food unit on public property, but also requires the property owner’s permission. The application fee for mobile vendors on private property is a nominal $25.00 per application for the first food truck and $10.00 for additional trucks. Again, there is no application fee for charities, religious, educational or nonprofit organizations. Registration is also waived for mobile food vendors and pushcarts for all city sponsored special events. Finally, food truck rallies (operating more than 3 mobile food units) on private or public property will also require a certificate of registration issued to the entity or organization hosting the event. The application fee is $50.00 per event. Zoning Ordinance Regulations The attached proposed draft language to the General Zoning Provisions in the Zoning Ordinance is under the Temporary and Seasonal Uses section. Simply put, the recommended regulations offer a guide to the appropriate location, duration, type and number of mobile units, trash, business hours, parking, licenses/permits and fees required, and other defined site amenities the City deems permissible for operating a mobile food truck and/or retail vendor unit in Yorkville. Draft language is also provided for the regulation of large special events, such as food truck rallies, to ensure all precautions regarding site layout, emergency access and other safety provisions are considered. The following graphics, which are also provided in the draft document, illustrate the acceptable dimensions for mobile food trucks and retail vendor units and their permitted locations when operated within the public right-of-way (below) or on private property (next page), as well as the layout of ancillary seating areas. Area Communities Mobile Food Truck Regulations In staff’s research of mobile food vendors, we reviewed over 30 municipal regulations from communities across the nation. These regulations included standards for zoning and licensing. Below is a comparison table of four (4) area communities that have existing mobile food vending regulations: COMMUNITY STREET VENDING PERMITTED PRIVATE PROPERTY VENDING PERMITTED TRUCK RALLY PERMITTED Oswego Yes $200 per application fee $100 per additional truck Yes $25 per application fee $10 per additional truck Undetermined No specific regulations provided Downers Grove Yes (Limited Locations) $100 annual fee $25 renewal fee Yes (Limited Locations) $100 annual fee $25 renewal fee No Limited to maximum of 10 permits city-wide allowed annually. Maximum of 3 trucks per lot. Elmhurst Yes $50 - $100 annual application fee $25 license fee per unit No Undetermined No specific regulations provided Naperville $100 annual application fee/ $100 per additional truck (outside of downtown) $275 annual application fee/ $50 per additional truck (downtown) Undetermined No specific regulations provided Undetermined No specific regulations provided Maximum of 2 trucks for the downtown. Staff Recommendation Based upon research used to prepare the the attached draft ordinance, staff is recommending approval of the amendment to Chapter 3: General Zoning Provisions of the United City of Yorkville Zoning Ordinance creating a new subsection for mobile food and retail vendor vehicles. It is our opinion that the amendment will provide necessary location and operational standards, as well as required business registration of the vendor and vehicle for food trucks, to successfully conduct such a business within the public right-of-way and on private property. Proposed Motion for Amendment: In consideration of testimony presented during a Public Hearing on December 12, 2018 and discussions conducted at that meeting, the Planning and Zoning Commission recommends approval to the City Council a request for a text amendment to Chapter 3: General Zoning Provisions of the United City of Yorkville Zoning Ordinance to create a new subsection regarding mobile food and retail vendor vehicles, as recommended in a staff memo dated December 5, 2018, and further subject to {insert any additional conditions of the Planning and Zoning Commission}… Attachments: 1. Arroyo, Rodney and Jill Bahm. 2013. “Food Truck Feeding Frenzy: Making Sense of Mobile Food Vending.” Zoning Practice, September. 2. Draft Food Truck amendment to Title 10: Zoning, Chapter 3: General Zoning Provisions, Section 13: Temporary and Seasonal Uses, Article B: Mobile Food Truck and Retail Vendor Unit. 3. Draft amendment to Title 3: Business and License Regulations, Chapter 5: Food and Food Dealers, Article B: Mobile Food Vendor Units. 4. Food Truck Information Sheets 5. Copy of Public Notice ZONING PRACTICEAMERICAN PLANNING ASSOCIATION205 N. Michigan Ave.Suite 1200Chicago, IL 60601–59271030 15th Street, NWSuite 750 WestWashington, DC 20005–1503ISSUE NUMBER 9 PRACTICE FOOD TRUCKS HOW DOES YOUR COMMUNITY REGULATE FOOD TRUCKS AND OTHER MOBILE VENDORS?9 ZONING PRACTICE SEPTEMBER 2013 AMERICAN PLANNING ASSOCIATION 9 ZONINGPRACTICE 9.13 AMERICAN PLANNING ASSOCIATION | page 2 Food Truck Feeding Frenzy: Making Sense of Mobile Food Vending By Rodney Arroyo, aicp, and Jill Bahm, aicp According to research done by Emergent for the National Restaurant Association, the growth of mobile food trucks will soar in the next five years, generating up to $2.7 billion in revenue nationally by 2017—up from $650 million in 2012 (Emergent Research 2012). All across the country, cities, small towns, and suburbs are seeing food trucks popping up, some in unex- pected places like office and industrial parks, where zoning ordinances typically preclude res- Recent economic and cultural trends show an explosion in the popularity of food trucks, or mobile vendors, over the past several years. taurants. Amplifying the push for food trucks are the twin trends of “buying local” and “food as entertainment” that are enhanced by pro- grams such as the Great Food Truck Race on the Food Network. While ice cream trucks and job- site lunch wagons haven’t disappeared, they are increasingly being joined by gourmet trucks and trucks specializing in ethnic offerings. All across the United States, people are exploring how mobile food vending might make a difference in their lives and their com- munities. More resources are starting to be- come available for potential business owners. Networks for mobile food vendors are grow- ing; the Southern California Mobile Food Ven- dors Association was formed in 2010 as one of the first associations dedicated to helping vendors break down barriers to business (www.socalmfva.com). And this fall, Roam—a first-ever industry conference for mobile food One of the hallmarks of the current food truck boom is an increased focus on “in-truck” preparation over preparation at a central commissary. Jill Bahm/Clearzoning ASK THE AUTHOR JOIN US ONLINE! About the Authors Rodney Arroyo, aicp, is president of Clearzoning, Inc. He holds a Master of City Planning degree from Georgia Tech and has more than 30 years’ expertise in planning and transportation. His experience includes master plans, zoning ordinances, form-based codes, corridor studies, and access management plans. Arroyo also serves as an expert witness in planning and zoning issues, is a national and state planning award winner, and serves as an adjunct professor for Wayne State University’s graduate urban planning program. Jill Bahm, aicp, is a principal planner with Clearzoning, Inc. She holds a Master of Urban and Regional Planning degree and has worked in both the public and private sectors as a downtown development authority director, city planner, and real estate marketing professional. Bahm’s professional interests include economic development, recreation planning, historic preservation, community participation, and organizational development. Go online during the month of September to participate in our “Ask the Author” forum, an interactive feature of Zoning Practice. Rodney Arroyo, aicp, and Jill Bahm, aicp, will be available to answer questions about this article. Go to the APA website at www.planning.org and follow the links to the Ask the Author section. From there, just submit your questions about the article using the e-mail link. The authors will reply, and Zoning Practice will post the answers cumulatively on the website for the benefit of all subscribers. This feature will be available for selected issues of Zoning Practice at announced times. After each online discussion is closed, the answers will be saved in an online archive available through the APA Zoning Practice web pages. ZONINGPRACTICE 9.13 AMERICAN PLANNING ASSOCIATION | page 3 suppliers and owners—will take place in Port- land, Oregon. On the worldwide stage, the World Street Food Congress is the first of its kind to connect and open up fresh ideas and thought leadership in the massive and growing street-food culture and industry throughout the world. This 10-day street-food festival was hosted in Singapore in January 2013 and featured well-known leaders in the food industry (www.wsfcongress.com). Faced with inquiries from food vendors, many communities turn to their zoning codes, only to discover that mobile food vending isn’t really defined and may not be permitted in the way vendors might like. With the approach to regulating mobile vending varying widely in communities, it can be hard to know where to begin when considering if and how to accom- modate food trucks. WHAT IS MOBILE FOOD VENDING? Regulatory codes for many communities rec- ognize transient merchants—those goods and services provided by a traveling vendor. The typical ice cream truck would be a good example of a transient merchant who is mobile most of the time, stopping only when requested for a few short minutes. Many operators of today’s food trucks or carts, however, are seeking more than a few minutes on the street, sidewalk, or parking lot, staying in place for a few hours to serve breakfast, lunch, or dinner. In fact, when they are located on private property, some food trucks may be in one location for days, weeks, or even months. It is important to make a dis- tinction between the food vendors that are more transient in nature, like an ice cream truck, and those that seek to move about less frequently. Both types of uses can offer benefits to the com- munity, and they will each have different poten- tial issues to regulate. Many mobile food vendors utilize self-driven vehicles that permit easy reloca- tion throughout the community. However, mobile food vending also includes trailers, food kiosks, and food carts. Food kiosks are temporary stands or booths that are typically intended to sell prepared foods, including ice cream, pretzels, and the like. Food kiosks may be found inside a large office building or shop- ping mall, but may also be secured for outside use. Some communities, like Maui County, Hawaii, allow a variety of products to be sold at a kiosk, provided certain standards are met (§30.08.030). While temporary in structure, food kiosks are often stationary with a defined location. Food carts allow the vendor to sell from outside the moveable unit and are often used to sell fresh fruits and vegetables. Typi- cally, the food in kiosks and carts is prepared elsewhere and kept cold or hot in the unit. The city of New York encourages “green carts” that offer fresh produce in certain areas of the city and has special regulations for these uses (www.nyc.gov/greencarts). In communities across the U.S., mobile food vendors are seeking permits to start these innovative businesses. They often run into road- blocks at city hall, because while many zoning ordinances include provisions for temporary uses, most do not contain current definitions for mobile food vending nor do they include any standards that specifically relate to vending and the issues that may arise. The net result in many communities, intentional or unintentional, is a prohibition on mobile food vending. THE PROS AND CONS OF MOBILE FOOD VENDING Over the past few years, most of the economy has been struggling and the workforce has been challenged to adapt. With laid-off workers try- ing to reinvent themselves and new immigrants looking for opportunities, the number of people starting new businesses is rising. Mobile food vending seems, for some, like a low-cost way to wade into the pool of business ownership. There are a number of reasons why communities may elect to sanction mobile food vending: • It provides an opportunity to increase jobs and businesses. The cost of starting a food truck business can start at $25,000, where a tradition- al bricks-and-mortar establishment may start at $300,000, according to the National Restaurant Association (Emergent Research 2012). • It offers opportunities to provide food choic- es where zoning precludes restaurants. Tradi - tional zoning codes tend to restrict the uses permitted in office and industrial districts, only allowing uses that narrowly meet the intent of those districts. Office and industrial parks, in particular, are often isolated from the rest of the community, requiring employees to drive to retail and restaurant areas. In addition, some communities may not have access to variety of ZONINGPRACTICE 9.13 AMERICAN PLANNING ASSOCIATION | page 4 healthy, fresh foods, and therefore decide to encourage such food vendors in certain neigh- borhoods by relaxing requirements. New York’s green carts initiative allows additional permits to be issued over the city’s defined limit to mobile food vendors that offer fresh produce in underserved neighborhoods, and Kansas City, Missouri, offers reduced permit fees for mobile food vendors in city parks that meet certain nutritional standards (Parks and Recreation Vending Policy 4.7.08). • It can increase activity in struggling busi- ness districts by creating a dynamic environ- ment where people gather around the avail- ability of new and fresh food. The economy has taken a toll on businesses over the past several years. Those that are hanging on in some areas find that their neighboring buildings or businesses are vacant. Food trucks can be a way to enliven an area, generating traffic for existing businesses and possibly spinning off new business activity. The restaurant industry is evolving to meet the demands of patrons who are looking for locally grown, sustainable, healthy, and fast options for dining. When food trucks use social media to communicate about their location schedules, it can build up a cer- tain level of excitement and anticipation that can make a positive social impact. In addition, the rising trend of “cart pods” and “food truck rallies” brings multiple mobile food vendors to one location, creating a festive atmosphere in an area for a short time. • They signal to other potential businesses that the community is adapting to the evolving economy and supporting entrepreneurship. Mobile food trucks are a new way of doing business; in these early years, communities that anticipate the demand from businesses and consumers may also find that this flexibil- ity signals receptivity to new business models. • They are a way for restaurateurs to test the local market for future bricks-and-mortar facili- ties. Mobile food trucks offer opportunities to interact with a potential market, to test recipes and pricing, and see if the restaurant fits with the community. All across the United States there are examples of food truck businesses evolving into permanent establishments, includ- ing El Camion (“the truck”) in northwest Seattle that has recently opened a restaurant and bar in the Ballard neighborhood after several years of experience with its two mobile food units. Tor- chy’s Tacos in Austin, Texas, started with a food truck and now has eight bricks-and-mortar res- taurants in Austin, Dallas, Fort Worth, and Hous- ton—and two more opening this year. The Lunch Room in Ann Arbor, Michigan, plans to open its bricks-and-mortar location soon, using social media to solicit fans of its existing “Mark’s Carts” to become investors in the restaurant. Along with these potential benefits can come community impacts and possible con- flicts. Some of the challenges associated with went through an extensive research and public input process, surveying their local chamber of commerce and meeting with prospective mobile food vendors, residents groups, and restaurant owners. Their resulting ordinance language responds to the needs and concerns of the community (Longmont 2011). ADDRESSING AREAS OF CONCERN THROUGH ZONING Many communities are up- dating their codes to accom- modate or regulate mobile vending. In June 2012 Grand Rapids, Michigan, included the following statement of intent in a new set of mobile food vend- ing provisions: Employment and small busi- ness growth in the city can occur while providing a broad range of food choices to the public through careful allow- ances for temporary conces- sion sales. The provisions of this section are intended to prevent predatory practices on bricks-and-mortar restaurants while allowing for new food vending opportunities that can add vitality to vacant parking lots and underutilized sites . . . (§5.9.32.K). Other cities, including Phoenix, Arizona (§624.D.87); Chapel Hill, North Carolina (§§10-66–74); and Fort Worth, Texas (§5.406)—just to name a few—adopted regulations in 2012 to allow mobile vending or food trucks. Chapel Hill’s provisions note that allowing food trucks will “promote diversification of the town’s economy and employment opportunities and support the incubation and growth of entrepreneurial/ start-up businesses” but also that food trucks pose “unique regulation challenges.” While specific approaches vary from place to place, communities interested in adding or updating regulations for mobile food vending should start by defining the uses and then consider each of the following questions: • Where in the community should such uses be permitted? • How long should a food truck be permitted to stay in one location?Russ Herschlermobile food trucks might include problems with maintenance, trash, parking, noise, and vehicular and pedestrian circulation. In addi- tion, some restaurateurs may be threatened by this new competition and try to prevent mobile food vending. Food trucks also have their own operational challenges, includ- ing dealing with unpredictable weather and maintaining an appropriate inventory despite limited storage. The best way to understand and manage the pros and cons of food trucks in individual communities is to solicit public input and dialogue about the needs and wants of the community. For example, Longmont, Colorado, Food truck gatherings are increasingly common in communities with extensive food truck offerings. ZONINGPRACTICE 9.13 AMERICAN PLANNING ASSOCIATION | page 5 • Are these mobile units just for food sales, or can other goods be sold as well? • Does the community want to increase activity? • How can the zoning ordinance address up- keep and maintenance? • When can food trucks operate? • How are visitor parking and circulation ac- commodated? • How are these uses reviewed and permitted? • What do vendors and their customers want or need? • How is signage for the mobile unit regulated? • How is the site lit to ensure safety? Location It is common to allow mobile food vending in commercial districts, but some communities add industrial districts or specify mixed use districts. Start with the community’s comprehen- sive plan—is there a need or desire to increase activities in specific parts of the community? Are there concerns about the impact of single-pur- pose districts (especially office and industrial) on connectivity, traffic congestion, and business In consideration for existing facilities, some communities decide that there should be a minimum distance between mobile units and bricks-and-mortar restaurants. Some communi- ties try to limit the impact on adjacent residen- tial uses through a distance requirement or by restrictions on hours of operation. Planners should test these locational restrictions to ensure that realistic business opportunities exist. El Paso, Texas, repealed its locational requirement of 1,000 feet from bricks-and-mor- tar establishments following a 2011 lawsuit to provide sufficient opportunities for mobile food vendors (Berk and Leib 2012). Attorneys Robert Frommer and Bert Gall argue that separation from other establishments is not necessary and that food truck regulations should be narrowly tailored to legitimate health, safety, and wel- fare concerns, not regulate competition (2012). The American Heart Association has also looked at location issues related to mobile food vending. They report that several commu- nities across the country prohibit mobile food vending within a certain distance of schools (or nity and often is related to where mobile food vending is permitted. Some communities allow food trucks on public property but prohibit overnight parking. Where on-street parking is at a premium, communities may consider allow- ing food trucks to utilize public parking spaces for the same duration as other parked vehicles. Chicago requires food trucks to follow posted meter time restrictions, with no more than two hours in one location. In addition, the city also limits mobile food vending to two hours on private property (§4-8). In contrast, some communities allow food trucks on private property for up to 30 days or more at one location. For example, Grand Rapids allows concession sales for up to 200 consecu- tive days over 12 calendar months (§5.9.32.K.6). Regulations like this may impact vendors in terms of the types of food that can be sold and the manner in which they are prepared, especially when preparation is done on-site. Communities may wish to consider whether the allowed duration is reasonable for food ven- dors as well as adjacent property owners. retention and recruitment? Are there any areas in the community where the population is un- derserved by food choices? Planners can take these concerns to the community and invite residents and business owners to share their thoughts on where mobile food vending might be appropriate and desirable. Some communities make a distinction between vending on public property, which often requires a license but is not regulated by zoning, and private property, which often re- quires a temporary use permit and is regulated by the zoning ordinance. When permitted on private property, zoning standards should re- quire evidence of property owner approval. at school release times) to limit the sometimes nutritionally challenged food choices avail- able (2012). Woodland, California, prohibits mobile food vending within 300 feet of a public or private school, but will allow them on school property when approved by the school (§14-15). It a different twist, the Minneapolis Public School System introduced a food truck program this year to offer free nutritious meals to students during the summer months at four different sites in Minneapolis (Martinson 2013). Duration The length of time food trucks are permitted to stay in one place varies widely by commu- Goods Available for Sale Some communities, like College Station, Texas, are very specific that the goods sold from mo- bile vending to be food related (§4-20). This is often borne of a desire to start with mobile vending on a limited basis to gauge its impact. As mobile food trucks become more prevalent, surely people will explore the ideas of start- ing other types of businesses in this format. Communities may wish to consider the ques- tions raised earlier about location and assess whether or not it makes sense to allow other goods in addition to food to be sold in desig- nated areas. For example, Ferndale, Michigan, allows a variety of wares to be sold by a mobile This food truck rally in Royal Oak, Michigan, illustrates how a gathering of food trucks can activate an otherwise underutilized space.Rodney Arroyo/Clearzoning ZONINGPRACTICE 9.13 AMERICAN PLANNING ASSOCIATION | page 6 vendor, including apparel, jewelry, household goods, and furnishings (§§7-73–82). That might be just the place for book publisher Penguin Group (USA) to take its recently intro- duced first mobile bookstore, which aims to make books accessible where big box retailers aren’t located (Edsall 2013). Number of Units in One Location Some communities that are getting on board with mobile food vending have started allow- ing them to congregate for certain events and activities. For example, Royal Oak, Michigan, started a food truck “rally” at their indoor farm- ers market during colder months. It is a good way to utilize the facility as well as provide entertaining food options for city residents. It has now become a great family event every month year-round, with musical entertainment, bouncy houses, and face painting. The city lim- its the rally to no more than 10 different trucks with a variety of cuisine for the whole family. units to function on private property as a single business. To address potential negative impacts, each mobile food court must have its own on-site manager, who is responsible for the maintenance of the area (§5.406). Trash The type of standards for trash removal and upkeep will vary depending on the location and duration of the vending. Most communities require waste receptacles for every mobile food vending unit and some further require waste to be removed from a site daily. Keep in mind that where communities allow seating along with the mobile food unit, people will generate more trash on-site than in situations where there is no seating provided and people take their food (and trash) to go. Hours of Operation Some communities limit hours of operation to around lunchtime (e.g., 10:30 a.m. until 3:30 trucks on private property, communities typi- cally require the vendor to ensure that there is sufficient parking available for its use and any other uses on the site, including the space taken up by the unit itself. Some cities allow public parking areas to be utilized for food trucks, and may even allow metered parking spaces to be used provided the related meter fees are paid. For example, Minneapolis al- lows a mobile vendor to park at no more than two metered spaces, as long as they are not short-term spaces and are not located within 100 feet of an existing restaurant or sidewalk cafe—unless the restaurant owner gives con- sent (§188.485.c.7). Licenses and Permits Most communities require permits or licenses regardless of whether the trucks operate on public or private property. It is also common for the community to reference compliance with other codes, particularly state or local health codes. These other codes can impact how trucks operate. For example, California’s Health and Safety Code re- quires trucks to have hand- washing stations if food is prepared in the truck, but does not require them on trucks selling only prepack- aged foods like frozen des- serts (§114311). Some communities cap the number of licenses available for food trucks to limit their impact, but many others do not. Grand Rapids requires a temporary use permit, subject to planning commission approval, and gives standards for consideration (§5.9.32.K.18), including an assessment asking “[w]ill the proposed stand, trailer, wagon or vehicle contribute to the general aesthetic of the business dis- trict and include high quality materials and finishes?” Site Amenities Some communities specify that no tables or chairs are permitted, or if they are, then sanitary facilities are also required. There may be flexibility in the permitted arrange- ments for such facilities (for example, hav- ing permission to use such facilities within a reasonable distance of the mobile unit). Frisco, Texas, prohibits connections to po- According to Market Master Shelly Mazur, “It’s nice to be able to offer a family-friendly event in a climate-controlled building with renovated bathrooms and seating.” On the other hand, in its 2010 ordinance, the city of Zillah, Washington, banned mobile food vending altogether, declaring it a “nui- sance,” and finding that “when mobile ven- dors congregate in the same area, the height- ened intensity of use negatively impacts the surrounding area, particularly by increased trash” (§8.32). Fort Worth tackled this issue head-on, defining a group of food trucks as a “mobile food court” when two or more mobile vending units congregate. They allow these p.m.), and others allow sales from early in the morning to late in the evening (e.g., 7 a.m. until 10 p.m.). Some communities place no time limits on these operations in the zoning regula- tions. Again, consider where these units will be permitted and the potential conflicts with adjacent uses. Parking and Circulation Given the mobility of these vendors, they by necessity are typically located in parking areas. Whether in public spaces or a private parking lot, it is important to ensure sufficient parking for existing uses to prevent an undue burden on bricks-and-mortar establishments. For food Site amenities like tables and chairs are often easier to accommodate on private property than in a public right-of-way.Jill Bahm/Clearzoning ZONINGPRACTICE 9.13 AMERICAN PLANNING ASSOCIATION | page 7 VOL. 30, NO. 9 Zoning Practice is a monthly publication of the American Planning Association. Subscriptions are available for $95 (U.S.) and $120 (foreign). W. Paul Farmer, faicp, Chief Executive Officer; David Rouse, aicp, Managing Director of Research and Advisory Services. Zoning Practice (ISSN 1548–0135) is produced at APA. Jim Schwab, aicp, and David Morley, aicp, Editors; Julie Von Bergen, Assistant Editor; Lisa Barton, Design and Production. Missing and damaged print issues: Contact Customer Service, American Planning Association, 205 N. Michigan Ave., Suite 1200, Chicago, IL 60601 (312-431- 9100 or customerservice@planning.org) within 90 days of the publication date. Include the name of the publication, year, volume and issue number or month, and your name, mailing address, and membership number if applicable. Copyright ©2013 by the American Planning Association, 205 N. Michigan Ave., Suite 1200, Chicago, IL 60601–5927. The American Planning Association also has offices at 1030 15th St., NW, Suite 750 West, Washington, DC 20005–1503; www.planning.org. All rights reserved. No part of this publication may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the American Planning Association. Printed on recycled paper, including 50-70% recycled fiber and 10% postconsumer waste. Cover image by Rodney Arroyo; design concept by Lisa Barton REFERENCES table water, requiring mobile food vendors to store their water in an internal tank. The city also requires vendors to be located within 50 feet of an entrance of a primary building, and drive-through service is expressly prohibited (§3.02.01.A(20)). King County, Washington, requires that all mobile food vending in the county be located within 200 feet of a usable restroom (§5.34). Signage Some communities use their existing sign regula- tions, but others tailor standards for mobile units. In Michigan, both Grand Blanc Township (§7.4.9.F) and Kalamazoo (§§25-63–68) allow one sign on the mobile vending unit itself, but do not allow any other signage. This is fairly common. In many cases, the truck itself essentially functions as one big sign with colorful graphics. Additionally, many mobile food vendors now use social media to get out the word regarding the time and place they will set up shop, potentially reducing the need for ad- ditional signage beyond that on the unit itself. u American Heart Association. 2012. “Mobile Food Vending near Schools Policy Statement.” Available at www.heart.org/idc/groups/heart- public/@wcm/@adv/documents/downloadable/ucm_446658.pdf. u Berk, Keith, and Alan Leib. 2012. “Keeping Current: UCC—Food Truck Regu- lations Drive Controversy.” Business Law Today, May. Available at http:// apps.americanbar.org/buslaw/blt/content/2012/05/keepingcurrent.pdf. u Edsall, Larry. 2013. “Food Trucks Inspire Mobile Bookstore,” Detroit News, July 11. Available at www.detroitnews.com/article/20130711/AUTO03 /307110040/1121/auto06/Food-trucks-inspire-mobile-bookstore. u Frommer, Robert, and Bert Gall. 2012. Food Truck Freedom. Washing- ton, D.C.: Institute for Justice. Available at www.ij.org/images /pdf_folder/economic_liberty/vending/foodtruckfreedom.pdf. u Emergent Research. 2012. “Food Trucks Motor into the Mainstream.” Intuit, December. Available at http://network.intuit.com/wp-content /uploads/2012/12/Intuit-Food-Trucks-Report.pdf. u Longmont (Colorado), City of. 2011. Mobile Food Vendors Longmont Municipal Code Amendment. Planning & Zoning Commission Com- munication, June 20, 2011. Available at www.ci.longmont.co.us /planning/pz/agendas/2011/documents/final_mobilefoodvendors .pdf. u Martinson, Gabrielle. 2013. “In its First Summer, District’s Food Truck is a Success.” The Journal, July 16. Available at www .journalmpls.com/news-feed/in-its-first-summer-districts-food- truck-is-a-success. Lighting Lighting is not as commonly addressed as other issues, especially if a mobile food vending unit is located in an existing developed area, but it is likely presumed that other applicable lighting requirements appropriate to the location are to be followed. Consider adjacent uses and the impact of light trespass and glare. For example, Grand Blanc Township requires mobile food vending units to be lit with available site light- ing. No additional exterior lighting is allowed unless permitted by the zoning board of appeals upon finding that proposed exterior lighting mounted to the mobile vending unit will not spill over on to adjacent residential uses as mea- sured at the property line (§7.4.9.F.10). TESTING, FOLLOW-UP, AND ENFORCEMENT One of the nice things about mobile food vending is that it is really easy for a community to put a toe in the water and test the impact of regulations on mobile food vendors, other community business- es, and the public, and to adjust the regulations as appropriate. The Metropolitan Government of Nashville-Davidson County, Tennessee, initiated a test phase beginning April 2012 that will provide evaluative data for a successful mobile food ven- dor program. The program will initially be operated under a temporary permit issued by the Metro Public Works Permit Office for two specified zones, the downtown core and outside of it. Oakland, California, has a pilot program for “Food Vending Group Sites,” defined as “the stationary operation of three (3) or more ‘mobile food vendors’ clus- tered together on a single private property site, public property site, or within a specific section of public right-of-way” (§5.51). Before embarking on extensive zoning re- writes, review the suggested considerations with the community to anticipate and plan for appropri- ate ways to incorporate this use in a reasonable way. Mobile food vending is on the rise all over the country, from urban sites to the suburbs. When regulated appropriately, mobile food vending can bring real benefits to a community, including jobs, new businesses, fresh food, and vitality. ZONING PRACTICEAMERICAN PLANNING ASSOCIATION205 N. Michigan Ave.Suite 1200Chicago, IL 60601–59271030 15th Street, NWSuite 750 WestWashington, DC 20005–1503ISSUE NUMBER 9 PRACTICE FOOD TRUCKS HOW DOES YOUR COMMUNITY REGULATE FOOD TRUCKS AND OTHER MOBILE VENDORS?9 ZONING PRACTICE SEPTEMBER 2013 AMERICAN PLANNING ASSOCIATION 9 1 TITLE 10: ZONING New Subsection B to 10-16-3 B. Exception. The parking of mobile food or retail vendor vehicles shall be an exception to Subparagraph A. above when in compliance with Section 10-3-14 and Chapter 5 of Title 3. New Section 10-3-14 SECTION 10-3-14: MOBILE FOOD VENDOR VEHICLES AND RETAIL VENDOR VEHICLES A. PURPOSE: To encourage and regulate the operation of mobile food vendor and retail vendor vehicles subject to operational standards, on public and private property within the City. These operational standards and application procedures are intended to recognize the opportunity for unique outdoor portable fare and added convenience to persons living and working within Yorkville, while protecting the health, safety and welfare of the general public. B. DEFINITIONS: CANTEEN TRUCK: A vehicle that operates to provide food services to workers at locations where access to such services is otherwise unavailable or impractical (e.g., a construction site); from which the operator sells food and beverages that require no on- site preparation or assembly other than the heating of pre-cooked foods; and is not advertised in any form to the general public except by virtue of signage on the vehicle. Products sold from canteen vendor vehicles may include fruits, vegetables, and pre- cooked foods such as hot dogs, prepackaged foods and pre-packaged drinks. COMMISSARY: A catering establishment, restaurant, or any other place in which food, containers, or supplies are kept, handled, prepared, packaged, or stored. EDIBLE FOOD PRODUCTS: Products that are ready for immediate consumption, including prepackaged food and food cooked, prepared or assembled on-site. The term "edible food products" does not include fresh produce unless the produce has been packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared for consumption. MOBILE FOOD VENDOR VEHICLE: A vehicle, from which edible food products are cooked, prepared or assembled with the intent to sell such items to the general public, provided that food vendor vehicles may also sell other edible food products and beverages that have been prepared or assembled elsewhere. Food vendor vehicle operators may market their products to the public via advertising, including social media. For the purposes of this Title, this shall also include ice cream vendor vehicles, canteen trucks and pushcarts. 2 LOCATION: Any single parcel or any combination of contiguous parcels owned or controlled by a single entity or affiliated entities. LOT, IMPROVED: a platted lot or parcel of land upon which a building, structure or other primary use, as defined by the Zoning Ordinance, exists. LOT, UNIMPROVED: a platted lot or parcel of land upon which no structure or uncompleted structure exists. MOBILE RETAIL VENDOR VEHICLE: A vehicle from which merchandise is sold and retail sales are made, and is intended to be temporary, or is capable of being moved from one location to another. PUSHCART: A non-motorized vehicle limited to serving non-potentially hazardous foods or commissary wrapped food maintained at proper temperatures. SANITIZATION: The effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the bacterial count, including pathogens, to a safe level on utensils and equipment. VENDOR VEHICLE RALLY: A coordinated and advertised gathering of more than three (3) mobile food vendor and/or mobile retail vendor vehicles, in one location and on a date certain, with the intent to serve the public. C. GENERAL PROVISIONS: 1. Mobile food vendor vehicles and mobile retail vendor vehicles shall obtain a Certificate of Registration from the Office of the City Clerk in accordance with Title 3, Chapter 5 of the City Code. 2. Mobile food vendor vehicles and mobile retail vendor vehicles must comply with all federal, state, county and local business tax, sales tax and other tax requirements. 3. It shall be a violation to operate a mobile food vendor vehicle or mobile retail vendor vehicle at any location except in compliance with the requirements of this section. 4. Mobile food vendor vehicles and mobile retail vendor vehicles are permitted in all zoning districts of the city, subject to the location and operational standards established in this Title or this Code. 5. Mobile food vendor vehicles and mobile retail vendor vehicles shall not obstruct or interfere with the free flow of pedestrian or vehicular traffic, including but not limited to access to or from any business, public building, or dwelling vehicle, nor shall it restrict the sight distances triangle at driveways and street right-of-way intersections or prevent access of emergency vehicles. 3 6. Drive-through vending is prohibited. No vendor shall make sales to any person in a vehicle. 7. No amplified music or loudspeakers shall be permitted. Mobile food vendor vehicle and mobile retail vendor vehicles shall comply with the provisions of the Performance Standards in Section 10-13-C-2 of the City Code. All smoke and odors generated by a mobile food vendor vehicle shall comply with the provisions of the Performance Standards in Section 10-13-C-3 and Section 10-13-C-4 of the City Code. 8. Any exterior lighting provided on the mobile food vendor vehicles or mobile retail vendor vehicles shall comply with the Performance Standards in Section 10-13-C-7 of the City Code. 9. No sales or service of alcohol shall be allowed by mobile food vendor vehicles. 10. Mobile food vendor vehicles and mobile retail vendor vehicles shall provide at least one (1) trash receptacle for use by patrons and in a convenient location that does not impede pedestrian or vehicular traffic. All litter or debris generated immediately within the vicinity of the mobile food vendor vehicle or mobile retail vendor vehicle shall be collected and removed by the mobile operator. D. LOCATION AND OPERATIONAL STANDARDS: 1. Mobile Food Vendor Vehicles and Mobile Retail Vendor Vehicles Operating within the Public Right-of-Way a. Mobile food vendor vehicles and mobile retail vendor vehicles shall be legally parked in full compliance with all state and local parking provisions which apply to the location at which it is parked, including any sign prohibiting the parking or standing of a vehicle or indicating a parking time limit. b. Operation of mobile food vendor vehicles and mobile retail vendor vehicles within city parks shall be subject to rules and regulations established by the park board. c. No unattended mobile food vendor vehicle or mobile retail vendor vehicle shall be parked or left overnight within a public right-of-way or on any other public property. d. Mobile food vendor vehicles or mobile retail vendor vehicles shall not operate within the public right-of-way within 500 feet from any K -12 school building, as defined by the State of Illinois, between the hours of 7:00 a.m. and 4:00 p.m. on regular school days; unless as part of a permitted special event or rally. e. Mobile food vendor vehicles or mobile retail vendor vehicles shall not be parked within 25 feet from a street intersection with a crosswalk, traffic light, or stop sign, or within 25 feet from a railroad crossing. 4 f. Mobile food vendor vehicles or mobile retail vendor vehicle operators shall be responsible for organizing customer queuing in a manner that maintains a clear path along the sidewalk that is at least four (4) feet wide and does not interfere with or obstruct the free passage of pedestrians. g. All sales and service shall be limited solely to that side of the mobile food vendor vehicle or mobile retail vendor vehicle facing away from the public street. h. Mobile food vendor vehicles and mobile retail vendor vehicles shall not encroach onto a public sidewalk with any part of the vehicle or any other equipment or furniture related to the operation of its business, except for required refuse receptacles. i. Mobile food vendor vehicles greater than 35 feet in length, or that occupy more than two on-street parking spaces, are not permitted to operate in the public right-of-way adjacent to residentially zoned properties. j. Mobile food vendor vehicles or mobile retail vendor vehicles shall not block a lawfully placed monument sign of another business. 2. Mobile Food Vendor Vehicles and Retail Vendor Vehicles Operating on Private Property a. Mobile food vendor vehicles and retail vendor vehicles may be permitted to operate on private property as a temporary accessory use in all zoning districts. 5 b. Mobile food vendor vehicles and retail vendor vehicles on private property shall have a notarized letter of permission from the property owner granting the operator the owner's express consent to operate on the site in accordance with the approved Certificate of Registration. c. Mobile food vendor vehicles and retail vendor vehicles shall not occupy more than 40% percent of required parking spaces on an improved lot or exceed the maximum lot coverage for the district in which it is located on an unimproved lot. d. The maximum number of mobile food vendor vehicles and retail vendor vehicles permitted on a site shall be determined as follows: 1. One (1) mobile food vendor vehicle or retail vendor vehicle may operate on the site for every 525 square foot paved area (at least 35 feet by 15 feet in dimension); except that mobile food vendor vehicles or retail vendor vehicles greater than 35 feet in length require a space at least 70 feet by 15 feet. 2. Mobile food vendor vehicle and retail vendor vehicle operations shall occur upon a paved, level parking area or surface. 3. Mobile food vendor vehicles and retail vendor vehicles parked within required parking areas shall not impede pedestrian or vehicle ingress or egress through the remainder of the parking area or adjacent public right-of-way. 4. Mobile food vendor vehicles and retail vendor vehicles may be permitted to have canopies and outdoor seating areas, provided these additional outdoor accessories may not occupy more than two (2) parking spaces per mobile food vendor vehicle or retail vendor vehicle. 6 3. Canteen Trucks Operating on Private Property a. Canteen Trucks operating on private property shall have a notarized letter of permission from the property owner granting the operator the owner's express consent to operate on the site in accordance with the approved Certificate of Registration. b. Canteen Trucks may operate on an unimproved lot or parcel, only if such lot or parcel or an adjoining lot or parcel is undergoing permitted construction activity. c. Canteen Trucks shall not block fire lanes, designated construction traffic lanes for ingress or egress or access to or from the construction site. d. No unattended Canteen Truck shall be parked overnight on any property. 4. Private Vendor Service by Mobile Food Vendor Vehicles and Mobile Retail Vendor Vehicles a. Mobile Food Vendor Vehicles and Mobile Retail Vendor Vehicles may provide private sales service within the public right-of-way and on private property in residential districts only. b. Private vendor services by Mobile Food Vendor Vehicles and Mobile Retail Vendor Vehicles shall be limited to private guests of the event host only. No walk-up customers are permitted. c. Payment shall occur directly between the event host and the Mobile Food Vendor Vehicle and retail vendor vehicle. No payment transactions shall occur for individual orders. d. All operational standards for operating a Mobile Food Vendor Vehicle and Mobile Retail Vendor Vehicle as provided in this section shall apply. 1 Draft 12/5/2018 Chapter 5: Sanitation and Mobile Vendors Article A. Food Service and Sanitation Article B. Mobile Vendor Vehicles Article C. Truck Rally Special Events ARTICLE A. FOOD SERVICE AND SANITATION 3-5A-1: FOOD SERVICE AND SANITATION: A. Regulations Adopted: The Food Protection Ordinance adopted by the County of Kendall as Ordinance 17-01 on January 17, 2017 together with all appendices thereto, and all subsequent amendments is hereby adopted as the regulations governing the sanitation procedures and control for the storage, preparation and serving of food within the city with such amendments as hereinafter set forth in this chapter. ARTICLE B. MOBILE VENDOR VEHICLES 3-5B-1: DEFINITIONS: The words and terms set forth in this section, wherever they occur in this chapter, shall be construed as herein defined: CANTEEN TRUCK: A vehicle that operates to provide food services to workers at locations where access to such services is otherwise unavailable or impractical (e.g., a construction site); from which the operator sells food and beverages that require no on-site preparation or assembly other than the heating of pre-cooked foods; and is not advertised in any form to the general public except by virtue of signage on the vehicle. Products sold from canteen vendor vehicles may include fruits, vegetables, and pre-cooked foods such as hot dogs, prepackaged foods and pre-packaged drinks. COMMISSARY: A catering establishment, restaurant, or any other place in which food, containers, or supplies are kept, handled, prepared, packaged, or stored. EDIBLE FOOD PRODUCTS: Products that are ready for immediate consumption, including prepackaged food and food cooked, prepared or assembled on-site. The term "edible food products" does not include fresh produce unless the produce has been packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared for consumption. 2 MOBILE FOOD VENDOR VEHICLE: A vehicle, from which edible food products are cooked, prepared or assembled with the intent to sell such items to the general public, provided that food vendor vehicles may also sell other edible food products and beverages that have been prepared or assembled elsewhere. Food vendor vehicle operators may market their products to the public via advertising, including social media. For the purposes of this Title, this shall also include ice cream vendor vehicles, canteen trucks and pushcarts. LOCATION: Any single parcel or any combination of contiguous parcels owned or controlled by a single entity or affiliated entities. LOT, IMPROVED: a platted lot or parcel of land upon which a building, structure or other primary use, as defined by the Zoning Ordinance, exists. LOT, UNIMPROVED: a platted lot or parcel of land upon which no structure or uncompleted structure exists. MOBILE RETAIL VENDOR VEHICLE: A vehicle from which merchandise is sold and retail sales are made, and is intended to be temporary, or is capable of being moved from one location to another. PUSHCART: A non-motorized vehicle limited to serving non-potentially hazardous foods or commissary wrapped food maintained at proper temperatures. SANITIZATION: The effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the bacterial count, including pathogens, to a safe level on utensils and equipment. VENDOR VEHICLE RALLY: A coordinated and advertised gathering of more than three (3) mobile food vendor and/or mobile retail vendor vehicles, in one location and on a date certain, with the intent to serve the public. 3-5B-2: CERTIFICATE OF REGISTRATION REQUIRED: Every person desiring to engage in mobile vendor services within the city is hereby required to make written application for a certificate of registration as hereinafter provided. It shall be unlawful for any person to engage in mobile vendor service without having first obtained said certificate of registration. Said certificate shall be carried by the applicant while engaged in mobile vendor service and shall be displayed at all times in a place readily visible to all customers. The term for mobile vendor registrations shall commence on January 1 and shall expire on December 31 of each year. 3-5B-3: MOBILE VENDOR SERVICE ON PUBLIC PROPERTY: A. It shall be unlawful for any person or entity to operate as a mobile food or retail vendor on property owned by a governmental entity including streets, roadways, alleys, sidewalks, parks, or right of ways within the city without first having obtained a certificate of registration from the office of the city clerk. Application for a certificate of registration shall be made upon a form provided by the office of the city clerk and filed with such. The applicant shall truthfully state in full the information requested on the application: 3 1. Applicant name, present place of residence, length of residence at such address, phone number, business name, business address, type of business, length of time in type of business being applied for. 2. Name, address, phone number for all drivers or operators of the mobile vendor vehicles; 3. Identification: Copy of current state photo identification or driver's license from all applicants, members, partners, officers, drivers, and operators; 4. Description of vendor services: Description sufficient for identification of the mobile service provided by the merchant which the applicant will engage in; 5. List of the mobile vehicles/trucks or pushcarts intended to be operated including the make, model, year, vehicle identification number and license plate number for each; 6. Date Of Previous Application: The date, or approximate date, of the latest previous application for certificate under this chapter, if any; 7. Revocation History: Whether a certificate of registration issued to the applicant under this chapter has ever been revoked; 8. History of violation convictions: Whether the applicant, driver, or operator has ever been convicted of a violation of any of the provisions of this chapter or the ordinance of any other Illinois municipality regulating the activities of mobile vendors; 9. History of Conviction Of A Felony: Whether the applicant, driver, or operator has ever been convicted of the commission of a felony under the laws of the state of Illinois or any other state or federal law of the United States; 10. Tax Identification Number: Each applicant shall produce an Illinois department of revenue identification number for the retailers' occupation tax. No license shall be issued if the applicant does not have an identification number except that no identification number shall be required if a mobile vendor is sponsored by or working for a religious, educational, or charitable organization where such organization is entirely a nonprofit organization and who can furnish the city with a "tax exempt number" and written proof of its "tax exempt status"; 11. Health Certificate: Any mobile food vendor shall be required to obtain a health inspection certificate from the Kendall County public health department. Said certificate shall be required to do business under a certificate of registration under this title in the city of Yorkville; 12. Photo of The Applicant: Each applicant, driver, and operator shall submit a photo that must be the same size as required for passports being two inches by two inches (2" x 2") 13. Insurance. The applicant shall obtain and maintain in force comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate of at least one million dollars ($1,000,000.00) covering the applicant’s operations. Such insurance shall name, on a special endorsement form, the City of Yorkville, its elected and appointed boards, commissions, officers, agents and employees as additional insurers. A certificate of insurance shall contain provisions that prohibit cancellations, modifications, or lapse without thirty (30) days prior written notice to the city’s Clerks Office. B. All statements made by the applicant upon the application or in connection therewith shall be under oath. 4 C. The office of the city clerk shall require every applicant, driver, and operator to submit to fingerprinting by the police department in connection with the application for certificate. The applicant, driver, and operator shall pay the fee as set by the Illinois state police for fingerprint submissions. D. The office of the city clerk shall cause to be kept an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all certificates of registration issued under the provisions of this chapter and of the denial of applications. E. No certificate of registration shall be issued to any person who has been convicted of the commission of a felony under the laws of the state of Illinois or any other state or federal law of the United States, within five (5) years of the date of the application; nor to any person who has been convicted of a violation of any of the provisions of this chapter, nor to any person whose certificate of registration issued hereunder has previously been revoked as herein provided. F. Each applicant for mobile service on public property shall pay a two hundred dollar ($200.00) application fee per application. The application fee covers the first mobile vehicle/truck or pushcart. Additional mobile vehicles/trucks or pushcarts will be one hundred dollars ($100.00) each. All fees are nonrefundable. No application fee shall be charged of a mobile food vendor sponsored by or working for a religious, educational, or charitable organization where such organization is entirely a nonprofit organization and who can furnish the city with a "tax exempt number" and written proof of its "tax exempt status. 3-5B-4: MOBILE VENDOR SERVICE ON PRIVATE PROPERTY: A. It shall be unlawful for any person or entity to operate as a mobile food or retail vendor on private property without first having obtained a certificate of registration from the office of the city clerk. Application for a certificate of registration shall be made upon a form provided by the office of the city clerk and filed with such. The applicant shall truthfully state in full the information requested on the application: 1. Applicant name, present place of residence, length of residence at such address, phone number, business name, business address, type of business, length of time in type of business being applied for. 2. Name, address, phone number for all drivers or operators of the mobile vendor vehicles; 3. Identification: Copy of current state photo identification or driver's license from all applicants, members, partners, officers, drivers, and operators; 4. Description Of Mobile Food Service: Description sufficient for identification of the mobile service provided by the merchant which the applicant will engage in; 5. List of the mobile food vehicles/trucks or pushcarts intended to be operated including the make, model, year, vehicle identification number and license plate number for each; 6. Date Of Previous Application: The date, or approximate date, of the latest previous application for certificate under this chapter, if any; 7. Revocation History: Whether a certificate of registration issued to the applicant, driver, or operator under this chapter has ever been revoked; 5 8. History of violation convictions: Whether the applicant, driver, or operator has ever been convicted of a violation of any of the provisions of this chapter or the ordinance of any other Illinois municipality regulating the activities of mobile vendors; 9. History of Conviction Of A Felony: Whether the applicant, driver, or operator has ever been convicted of the commission of a felony under the laws of the state of Illinois or any other state or federal law of the United States; 10. Tax Identification Number: Each applicant shall produce an Illinois department of revenue identification number for the retailers' occupation tax. No license shall be issued if the applicant does not have an identification number except that no identification number shall be required if a mobile food vendor is sponsored by or working for a religious, educational, or charitable organization where such organization is entirely a nonprofit organization and who can furnish the city with a "tax exempt number" and written proof of its "tax exempt status"; 11. Health Certificate: Any mobile food vendor shall be required to obtain a health inspection certificate from the Kendall County public health department. Said certificate shall be required to do business under a certificate of registration under this title in the city of Yorkville; 12. Photo of The Applicant: Each applicant, driver, and operator shall submit a photo that must be the same size as required for passports being two inches by two inches (2" x 2"). 13. Mobile Food and Retail Vendors operating on private property shall have a notarized letter of permission from each property owner granting the operator the owner's express consent to operate on the site in accordance with the approved certificate of registration. 14. Insurance. The applicant shall obtain and maintain in force comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate of at least one million dollars ($1,000,000.00) covering the applicant’s operations. Such insurance shall name, on a special endorsement form, the City of Yorkville, its elected and appointed boards, commissions, officers, agents and employees as additional insurers. A certificate of insurance shall contain provisions that prohibit cancellations, modifications, or lapse without thirty (30) days prior written notice to the city’s Clerks Office. B. All statements made by the applicant upon the application or in connection therewith shall be under oath. C. The office of the city clerk shall require every applicant, driver, and operator to submit to fingerprinting by the police department in connection with the application for certificate. The applicant, driver, and operator shall pay the fee as set by the Illinois state police for fingerprint submissions. D. The office of the city clerk shall cause to be kept an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all certificates of registration issued under the provisions of this chapter and of the denial of applications. E. No certificate of registration shall be issued to any person who has been convicted of the commission of a felony under the laws of the state of Illinois or any other state or federal law of the United States, within five (5) years of the date of the application; nor to any person who has been convicted of a violation of any of the provisions of this chapter, nor 6 to any person whose certificate of registration issued hereunder has previously been revoked as herein provided. F. Each applicant shall pay a twenty-five dollar ($25.00) application fee per application. The application fee covers the first mobile vehicle. Additional mobile vehicles will be ten dollars ($10.00) each. All fees are nonrefundable. No application fee shall be charged of a mobile vendor sponsored by or working for a religious, educational, or charitable organization where such organization is entirely a nonprofit organization and who can furnish the city with a "tax exempt number" and written proof of its "tax exempt status". 3-5B-5: ISSUANCE OF CERTIFICATE: A. The office of the city clerk, after consideration of the application and all information obtained relative thereto, shall, within ten (10) business days of application, approve or deny the application. If the person does not possess the qualifications for such certificate, as herein required, and the issuance of a certificate of registration to the applicant would not be in accord with the intent and purpose of this chapter or Section 13-3-14, then the office of the city clerk shall deny the application. Endorsement shall be made by the office of the city clerk upon the application of the denial of the application. If the applicant is found to be fully qualified, the certificate of registration shall be issued within five (5) business days of the application approval so long as the application fees have been fully paid. B. The registration requirement for mobile vending vehicles is waived for all city sponsored special events. 3-5B-6: MOBILE FOOD SERVICE: A. Mobile food vendor vehicles shall comply with the requirements of this article, except as otherwise provided in this section and Section 13-3-14. The health department may impose additional requirements to protect against health hazards related to the conduct of the food service establishment as a mobile operation, may prohibit the sale of some or all potentially hazardous food and, when no health hazard will result, may waive or modify requirements of this article relating to physical facilities except those requirements of this section. B. All food items available for sale and the price of each item must be posted on the exterior of the mobile food vendor vehicle. C. Mobile food vendor vehicles serving only food prepared, packaged in individual servings, transported, and stored under conditions meeting the requirements of this article or beverages that are not potentially hazardous and are dispensed from covered urns or other protected equipment, need not comply with requirements of this chapter pertaining to the necessity of water and sewage systems nor to those requirements pertaining to the cleaning and sanitization of equipment and utensils if the required equipment for cleaning and sanitization exists at the commissary. D. A mobile food vendor vehicle requiring a water system shall have a potable water system under pressure. The system shall be of sufficient capacity to furnish enough hot and cold water for food preparation, utensil cleaning and sanitizing, and hand washing, in accordance with the requirements of this chapter. The water inlet shall be located so that it will not be contaminated by waste discharge, road dust, oil or grease, and it shall be 7 kept capped unless being filled. The water inlet shall be provided with a transition connection of a size or type that will prevent its use for any other service. All water distribution pipes or tubing shall be constructed and installed in accordance with the requirements of this chapter. E. If liquid waste results from operation of a mobile food unit, the waste shall be stored in a permanently installed retention tank that is of at least fifteen percent (15%) larger capacity than the water supply tank. Liquid waste shall not be discharged from the retention tank when the mobile food unit is in motion. All connections on the vehicle for servicing mobile food unit waste disposal facilities shall be of a different size or type than those used for supplying potable water to the mobile food unit. The waste connection shall be located lower than the water inlet connection to preclude contamination of the potable water system. 3-5B-7: COMMISSARY: A. Mobile food vendor vehicles shall operate from a commissary or other fixed food service establishment and shall report at least daily to such location for all supplies and for all cleaning and servicing operations. B. The commissary or other fixed food service establishment used as a base of operation for mobile food vendor vehicles shall be constructed and operated in compliance with the requirements of this chapter. 3-5B-8: SERVICING AREA AND OPERATIONS: A. A mobile food vendor vehicles servicing area shall be provided and shall include at least overhead protection for any supplying, cleaning, or servicing operation. Within this servicing area there shall be a location provided for the flushing and drainage of liquid wastes separate from the location provided for water servicing and for the loading and unloading of food and related supplies. This servicing area will not be required where only packaged food is placed in the mobile food unit or pushcart or where mobile food vending vehicles do not contain waste retention tanks. The surface of the servicing area shall be constructed of a smooth nonabsorbent material, such as concrete or machine laid asphalt and shall be maintained in good repair, kept clean, and be graded to drain. B. Potable water servicing equipment shall be installed according to law and shall be stored and handled in a way that protects the water and equipment from contamination. The mobile food unit liquid waste retention tank, where used, shall be thoroughly flushed and drained during the servicing operation. All liquid waste shall be discharged to a sanitary sewerage disposal system in accordance with Yorkville-Bristol sanitary district rules and regulations. 3-5B-9: TIME LIMIT/RESTRICTIONS ON MOBILE VENDOR UNITS: A. Mobile vendors may conduct business from nine o'clock (9:00) A.M. to eight thirty o'clock (8:30) P.M. Sunday through Saturday, including holidays unless such business is located on private property or as part of a city sponsored special event. B. Mobile vendors are not licensed to conduct business door to door. C. It shall be unlawful for any person, mobile food vendor vehicle operator to drink any alcoholic beverages, shout or call to prospective customers, or to disturb the peace in any manner while on duty. 8 D. Sale of food from mobile food vendor vehicles shall be prohibited as follows: 1. In any city park, or on city park property, including parking lots unless the mobile food vendor has received a park vending permit from the city’s parks and recreation department. 2. In any area where the operation impedes vehicular or pedestrian travel as determined by the chief of police or his designee. E. The city has the ability to restrict the location of mobile food vendors should it be determined the location creates a parking shortage, parking issue, or unsafe parking conditions. ARTICLE C. TRUCK RALLY SPECIAL EVENTS 3-5C-1 TRUCK RALLY SPECIAL EVENTS A. Applicability and Approval: All truck rallies of more than three (3) Mobile Food Vendor Vehicles and/or Mobile Retail Vendor vehicles on public or private property require: 1. Issuance of a permit for a truck rally shall be subject to the review and approval of: a. The Community Development Director for all conditions relating to the Zoning Code. b. The Director of Parks and Recreation for any truck rally within a city park, c. The Public Works Director and Police Chief for any truck rally in the public right-of-way, and 2. Traffic control and pedestrian safety in the vicinity of the event shall be the responsibility of the permittee of the event. B. Permit Application 1. In order to obtain a truck rally permit, the entity or organization hosting the truck rally, or the property owner of the location of the truck rally, must complete an application form provided by the City Clerk. 2. An application fee of fifty dollars ($50.00) shall be required for all truck rally special events. 3. The application shall be submitted no later than 30 days prior to the proposed event and shall include the following information: a. Name and address of the owner of the entity or organization hosting the truck rally. b. Name of person in charge of the truck rally and a telephone number that may be used to contact such person during the vendor vehicle rally. 9 c. Name, address and a contact phone number of the owner of the property on which the vendor vehicle rally will be held. d. Location map of the general area within 500 feet surrounding the proposed truck rally site. e. A dimensioned site plan of the property on which the food truck rally will be held, showing proposed location of each food truck including distances from adjacent buildings, streets and other trucks; location of any portable restroom facilities, if applicable; and location of any stages, tents, seating areas and any other facilities, structures or equipment to be used in conjunction with the food truck rally. f. Written description of the plans for the food truck rally, including parking locations, traffic control plans and the anticipated hours of operation. g. A list of all mobile food truck and/or mobile retail vendor vehicles participating in the food truck rally, along with confirmation that each vehicle operator has obtained or will obtain a Certificate of Registration with the Office of the City Clerk in accordance with Title 3: Business and License Regulations, Chapter 5 Food and Food Dealers, Article B. Mobile Food Vendor Vehicles of the City Code. h. Dates and hours of operation requested for the truck rally. i. An executed indemnification agreement in favor of the City of Yorkville for truck rallies occurring within the public right-of- way or public property. j. The permittee shall obtain and maintain in force comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate of at least one million dollars ($1,000,000.00) covering the permittee’s operations on the sidewalk or right-of-way. Such insurance shall name, on a special endorsement form, the City of Yorkville, its elected and appointed boards, commissions, officers, agents and employees as additional insurers. A certificate of insurance shall contain provisions that prohibit cancellations, modifications, or lapse without thirty (30) days prior written notice to the city’s Clerks Office. C. Financial Guarantee 1. The city may establish requirements for the posting of a financial guarantee prior to issuance of a truck rally permit within the public right- of-way to ensure that: a. The premises will be cleared of all trash and debris immediately after the truck rally ends. b. Any damage to the public right-of-way resulting from the truck rally is repaired. 10 c. Any financial guarantee required shall be returned to the applicant only after all costs for removal of debris or repairs to public right-of-way damage have been deducted. d. In the event the financial guarantee is not sufficient to cover such costs, the entity or organization hosting the food truck rally shall be responsible for paying all remaining costs. D. Inspections An application for a truck rally permit shall be subject to inspections by the Building Code Official and Fire Marshal prior to the start of the event, including but not limited to, inspections of all lighting and electrical equipment, tents, stages and other temporary facilities brought to the site. E. Enforcement 1. Each of the following circumstances constitute a violation of this article, for which a citation may be issued by the city: a. Operation of a mobile vendor vehicle without a current, valid certificate or permit. Provided that each day and each separate location at which a mobile food vendor vehicle or mobile retail vendor vehicle is operated without a current, valid certificate or permit shall be considered a separate violation. b. Holding a truck rally without a permit or failing to comply with the conditions of approval for a truck rally permit. c. Failure to comply with any other provision of this article or Title. d. Citations may be issued to the mobile food vendor vehicle, mobile retail vendor vehicle operator, employee, organizing or hosting entity, or the property owner on which the vehicles are operated. UNITED CITY OF YORKVILLE, ILLINOIS800 Game Farm RoadYorkville, IL 60560 What if I want a food truck in the PUBLIC RIGHTOFWAY ? Food trucks must be legally parked in full compliance with all state and local parking provisions.P Food trucks within City parks shall be subject to rules and regulations established by the park board. No unattended food truck may be parked or left overnight.ZZ Z Food trucks shall not operate within 500 feet from any K -12 school building between the hours of 7:00 a.m. and 4:00 p.m. on regular school days; unless as part of a permitted special event or rally. Food trucks cannot be parked within 25 feet from a street intersection with a crosswalk, trac light, or stop sign, or within 25 feet from a railroad crossing. Food truck operators must organize customers to keep a clear path along the sidewalk that is at least four (4) feet wide. Food trucks greater than 35 feet in length, or that occupy more than two on-street parking spaces, are not permitted to operate adjacent to residentially zoned properties. Food trucks shall not block a lawfully placed monument sign of another business. Food truck operators shall pay a $200 application fee per application. The application fee covers the rst food truck. Additional food trucks will be $100 each. A food truck operator must obtain a certicate of registration from the oce of the city clerk. Food trucks may not encroach onto the sidewalk with the vehicle or any equipment related to its operation, except for refuse receptacles. Food trucks must face away from the public street. Complete regulations may be found in sections 3-5 and 10-3 of the Yorkville City Code. FOOD TRUCK REGULATIONS UNITED CITY OF YORKVILLE, ILLINOIS800 Game Farm RoadYorkville, IL 60560 What if I want a food truck on PRIVATE PROPERTY? The maximum number of food trucks permitted on a site shall be determined as follows: One food truck may operate on the site for every 525 square foot paved area except that food trucks greater than 35 feet in length require a space at least 70 feet by 15 feet. All operations shall occur upon a paved, level parking area or surface. Food trucks parked within required parking areas shall not impede pedestrian or vehicle ingress or egress through the remainder of the parking area or adjacent public right-of-way. Food trucks may be permitted to have outdoor seating areas, but may not occupy more than 2 parking spaces per truck. Food trucks may be permitted to operate as a temporary accessory use in all zoning districts. Food truck operators shall pay a $25 application fee per application. The application fee covers the rst food truck. Additional food trucks will be $10 each. A food truck operator must obtain a certicate of registration from the oce of the city clerk. Food truck operators must have a notarized letter of permission from the property owner granting them consent to operate on site. # Food trucks shall not occupy more than 40% of required parking spaces on an improved lot. Also, they may not exceed the maximum lot coverage of their respective zoning district. % Complete regulations may be found in sections 3-5 and 10-3 of the Yorkville City Code. FOOD TRUCK REGULATIONS UNITED CITY OF YORKVILLE, ILLINOIS800 Game Farm RoadYorkville, IL 60560 FOOD TRUCK REGULATIONS What if I want to hold a FOOD TRUCK RALLY? Trac control and pedestrian safety of the event is the responsibility of the permittee of the event. Issuance of a food truck rally permit shall be reviewed and approved by: Community Development Director Parks and Recreation Director Director of Public Works Police Chief A food truck rally is any event which has more than 3 food trucks on public or private property. A food truck rally operator must complete an application form provided by the City Clerk, including map of the area, site plan, description of parking and trac control plans, list of vendors and dates/hours of the event. An application fee of $50 shall be required for all truck rally special events. The application must be submitted at least 30 days prior to the event. For truck rallies held in the public right-of-way, the City may require for a posting of a nancial guarantee prior to issuance of a permit to cover costs related to clearing trash and debris, and any damage to the public right-of-way. A truck rally permit will be subject to inspections conducted by the Building Code Ocial and Fire Marshal prior to the event. Complete regulations may be found in sections 3-5 and 10-3 of the Yorkville City Code. # PUBLIC NOTICE OF A HEARING BEFORE THE UNITED CITY OF YORKVILLE PLANNING AND ZONING COMMISION NOTICE IS HEREWITH GIVEN THAT the United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a text amendment to Chapter 3: General Zoning Provisions of the United City of Yorkville Zoning Ordinance to create a new subsection regarding mobile food and retail vendor vehicles. The amendment will provide location and operational standards after the required business registration of the vendor and vehicle for food trucks and similar mobile vendors conducting business within the public right-of-way and on private property. NOTICE IS HEREWITH GIVEN THAT the Planning and Zoning Commission for the United City of Yorkville will conduct a public hearing at a meeting on said amendments on Wednesday, December 12, 2018 at 7 p.m. at the Yorkville City Hall, 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. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville Community Development Department, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk