Planning and Zoning Commission Packet 2022 01-12-22
PLANNING AND ZONING
COMMISSION AGENDA
Wednesday, January 12, 2022
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: December 8, 2021
Citizen’s Comments
--------------------------------------------------------------------------------------------------------------------
Public Hearings
1. PZC 2021-07 The petitioner, Yorkville Bristol Sanitary District (YBSD), has filed an application
with the United City of Yorkville, requesting variances from the Stormwater and Floodplain
Regulations (as adopted by the United City of Yorkville); Landscape Ordinance of the City
Code; and Dimensional and Bulk Requirements of the City Code, for a future expansion of their
wastewater treatment operations. The real property is zoned A-1 Agricultural District with a
Special Use for a sanitary district water treatment facility and is generally located west of North
Bridge Street (IL Route 47), south of River Road and immediately north of the Fox River at 304
River Street in Yorkville, Illinois.
Action Item
Variances
Unfinished Business
New Business
2. PZC 2021-07 The petitioner, Yorkville Bristol Sanitary District (YBSD), has filed an application
with the United City of Yorkville, requesting variances from the Stormwater and Floodplain
Regulations (as adopted by the United City of Yorkville); Landscape Ordinance of the City
Code; and Dimensional and Bulk Requirements of the City Code, for a future expansion of their
wastewater treatment operations. The real property is zoned A-1 Agricultural District with a
Special Use for a sanitary district water treatment facility and is generally located west of North
Bridge Street (IL Route 47), south of River Road and immediately north of the Fox River at 304
River Street in Yorkville, Illinois.
Action Item
Variances
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
Additional Business
1. City Council Action Updates
a. PZC 2021-08 The petitioner, Brian Henrichs on behalf of Baka Properties, LLC, is
requesting to rezone their property from the A-1 Agricultural District to R-3 One Family
Residential District in unincorporated Kendall County. The property is generally located at
the southeast of the Heartland Circle subdivision in Yorkville at the intersection of Tuma
Road and Riverside Street.
Action Item
Mile and One-Half Review
Adjournment
DRAFT
Page 1 of 2
PLANNING & ZONING COMMISSION
City Council Chambers
800 Game Farm Road, Yorkville, Il
Wednesday, December 8, 2021 7:00pm
NOTE: In accordance with Public Act 101-0640 and Gubernatorial Disaster
Proclamation issued by Governor Pritzker pursuant to the powers vested in the Governor
under the Illinois Emergency Management Agency Act, the City of Yorkville is allowing
remote attendance at this meeting. Social distancing is being encouraged due to the
current Covid-19 pandemic.
Meeting Called to Order
Chairman Jeff Olson called the meeting to order at 7:00pm, roll was called and a quorum
was established.
Roll Call: Rusty Hyett-yes/electronic attendance, Greg Millen-yes/electronic
attendance, Jeff Olson-yes/electronic attendance, Richard Vinyard-yes/in-person, Danny
Williams-yes/electronic attendance
Absent: Deborah Horaz, Don Marcum
City Staff
Krysti Barksdale-Noble, Community Development Director/electronic attendance
Jason Engberg, Senior Planner/in-person
Craig Soling, Alderman/in-person
Michael Adams, Attorney/electronic attendance
Other Guests
Michael Adams, Attorney/electronic attendance
Previous Meeting Minutes June 9, 2021
The minutes were approved as presented on a motion and second by Commissioners
Williams and Vinyard, respectively.
Roll call: Hyett-yes, Millen-yes, Olson-yes, Vinyard-yes, Williams-yes. Carried 5-0.
Citizen’s Comments None
Public Hearings None
Unfinished Business None
New Business
1. PZC 2021-08 The petitioner, Brian Henrichs on behalf of Baka Properties, LLC,
is requesting to rezone his property from the A-1 Agricultural District to R-3
Page 2 of 2
One Family Residential District in unincorporated Kendall County. The property is
generally located at the southeast corner of the Heartland Circle subdivision in Yorkville
at the intersection of Tuma Road and Riverside Street.
Mr. Engberg gave background information and said this is a Mile and One-Half Review
for a rezoning request in the county. He said the property could become part of the city
in the future and the review is to insure it meets the Comp Plan guidelines. It is on 2.7
acres and the petitioner is asking to rezone it from A-1 to R-3. The owner, Mr. Henrichs,
would like to divide the property into 2 parcels and build a house on each property. Mr.
Engberg said the request is within the city land use map requirements. He said this item
will move forward to the January City Council. If the City Council formally objects to
the request, a super majority vote would be required from the county.
A law firm representing some of the neighbors submitted formal objections partially
based on concerns for density, wetlands and flood plain. Attorney Michael Adams
represents 3 other neighbors who also oppose the request. He said there are wetlands
and a professional opinion shows 2/3 of the property is in the floodplain posing potential
drainage issues. An additional concern is that the septic field floods and odors result.
He thinks two homes are inconsistent with an “estate” feel. Mr. Adams requested
Commission members to oppose this petition and forward the objection to the County
Board.
Chairman Olson commented that a home cannot be built in the floodplain. He said it
would not be wise to vote on this issue tonight since not all documents were available for
review prior to the meeting. After a brief discussion, the Commission members decided
this matter will be handled through the county and they would not make a formal
objection to the county, however, Mr. Engberg will send written objections to the various
parties involved.
Additional Business
1. Appointment of Vice Chairperson
Chairman Olson nominated Danny Williams as Vice Chairperson and Commissioner
Vinyard seconded the motion. Roll call: Millen-yes, Olson-yes, Vinyard-yes, Williams-
yes, Hyett-yes. Carried 5-0.
Adjournment
There was no further business and the meeting was adjourned at 7:19 pm on a motion and
second by Commissioners Williams and Vinyard, respectively. Unanimous voice vote.
Respectfully submitted by
Marlys Young, Minute Taker/in-person
1
Summary:
The petitioner, Yorkville Bristol Sanitary District (YBSD), is seeking a variance to the Kendall
County Stormwater Ordinance (adopted by the United City of Yorkville) related to detention and
compensatory storage. Additionally, YBSD is also seeking variances to the United City of Yorkville’s
Landscape Ordinance related to tree preservation and replacement and the Zoning Ordinance related
to building setback reduction. The requested variances are needed to allow for the future expansion
and construction of additional wastewater treatment structures located on approximately 21 acres
immediately west of the current operation at 304 River Street.
Property Background:
The approximately 21-acre subject property is currently undeveloped and situated just west of
the existing YBSD facility located at 304 River Street. While this property was annexed first in 2006
and rezoned A-1 Agricultural District with a Special Use for a public sanitary water treatment facility
(Ord. 2006-44), the actual sanitary operations occur on the east parcel which was annexed in 2007
Memorandum
To: Planning and Zoning Commission
From: Krysti Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Brad Sanderson, EEI, City Engineer
Date: November 29, 2021
Subject: PZC 2021-07 YBSD Expansion (Variance)
Stormwater Management, Landscape & Zoning Ordinance Variances
3
development or 32,000 square feet of impervious area must provide onsite stormwater detention. The
proposed expansion will exceed all stated thresholds. Therefore, YBSD is requesting a full waiver of
the stormwater detention requirement based on the following:
1. The stormwater runoff generated from the proposed development area will discharge directly
to the Fox River and Blackberry Creek with no impact to downstream properties.
2. The proposed development is significantly smaller than the total watershed area (21 acres of
2,138 square miles).
3. The estimated timing of the YBSD facility’s peak stormwater discharges is unlikely to coincide
with the highest flows and flood elevations along the Fox River and Blackberry Creek
waterways.
4. The proposed implementation of best management practices such as vegetative swales, buffer
strips, and sediment traps which will treat the discharges to the Fox River and Blackberry Creek
and mitigate potential reduction of water quality.
5. To avoid the potential removal of valuable riparian vegetation and critical habitat for the
endangered Indiana bat located on the subject property.
The City Engineer, EEI, has reviewed the request for full waiver of stormwater detention requirements
for the project and supports granting the request.
Compensatory Storage
Similar to the stormwater detention regulations, the compensatory storage requirements are
part of the Kendall County Stormwater Management Ordinance adopted by Yorkville. Per Section 403,
the ordinance states that hydraulically equivalent compensatory storage must be provided for fills
within the regulatory floodplain. In order to maximize the property’s land area to accommodate critical
wastewater treatment operations, YBSD is requesting a full waiver of the compensatory storage
requirements, onsite or downstream of the property, based on the following:
1. There would be no structures impacted by the regulatory floodplain along the Fox River in the
area immediately downstream of the proposed improvements.
2. The minor loss of flood storage resulting from the proposed fill is small, relative to the total
flood storage of the Fox River and will not impact any downstream structures during the 100-
year flood.
3. A dam is located upstream of the subject property which provides some hydraulic control of
flood profiles, creates upstream flood storage, and reduces the impacts of proposed fill within
the project limits.
4. The hydraulic modeling demonstrated that the proposed improvements meet the applicable
regulatory standards of the Illinois Department of Natural Resources (IDNR) requirements for
floodway constructions without the need for compensatory storage.
5. Several offsite compensatory storage locations were explored, however, these areas had major
feasibility concerns or negative impacts such as requiring additional tree removal and/or
additional loss of usable land.
The City Engineer, EEI, has reviewed the request for full waiver of compensatory storage requirements
for the project and supports granting the request.
5
While the special use authorization for the existing YBSD facility approved via Ord. 2007-30
provided for a reduced yard setback of ten feet (10’) from all property lines, the subject property’s
special use authorization (Ord. 2006-44) does not provide any relief related to yard setbacks for
buildings or structures. Since the proposed facility expansion intends to maximize the buildable area
of the site, YBSD is seeking a reduction in the yard setbacks for the subject property to ten feet (10”)
from all property lines to remain consistent with their existing facility located to the east.
The Community Development Director has reviewed the request for a reduction in yard setback
requirements to ten feet (10’) from all property lines for the project. Since both parcels are owned by
the same entity, the City can consider both as a single zoning lot, therefore the continuation of the
setback would be consistent with the previously approved special use and staff supports granting the
request.
Review Process:
Per Article 9. Variances of the Kendall County Stormwater Management Ordinance (adopted
by the City of Yorkville), applications for variances require approval from both the certified
community and the County. Therefore, when Yorkville staff conducted a Plan Council meeting to
assess the technical aspects of the proposed stormwater detention and compensatory storage variances,
we included Kendall County staff. Attached are minutes from that November 9, 2021 meeting.
YBSD has simultaneously applied for variance approval with Kendall County. WBK
Engineering, engineering consultant for Kendall County, has reviewed the plans and have no
objections to the findings of EEI or the City’s recommendation for stormwater variance approval.
However, the County will wait for Yorkville’s City Council determination prior to advancing to their
board.
Standards for Granting a Variance:
The Planning and Zoning Commission must base its decision to vary, or recommend varying,
the Petitioner’s request for relief of the Stormwater Management Ordinance regulations upon the
following standards (Section 904):
1. The variance will not increase the probability of flood damage or create an additional threat to
the public health, safety, or welfare.
2. The variance requested is the minimum relief necessary to accomplish the objectives of the
development without compromising the objectives of Section of this Ordinance.
3. The variance will not result in a reduction of water quality benefits as compared to compliance
with ordinance requirements.
4. The variance is not requested solely for the purpose of reducing site runoff storage
requirements.
5. The variance shall not cause conveyance of stormwater from the project to increase peak
discharges beyond design capacity of existing offsite conveyance facilities for any storm event
from the 2-year to the 100-year recurrence frequency.
6. The variance shall seek to preserve valuable environmental and biological resources including
but not limited to stands of native trees, existing wetlands, and natural floodplain storage.
7. Variances shall not be issued by the permitting agency within any designated regulatory
floodway if any increase in flood levels during the base flood discharge would result.
6
8. Variances may be issued by the permitting agency for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size contiguous to and
surrounded by lots with existing structures constructed below the base flood level, in
conformance with the following procedures of this section.
In addition, the Zoning Ordinance requires the following standards be met for a variance (Section 10-
4-7-C):
1. Because of the particular physical surroundings, shape or topographical conditions of the
specific property involved, a particular hardship to the owner would result, as distinguished
from a mere inconvenience, if the strict letter of the regulations was carried out.
2. The conditions upon which the petition for a variation is based are unique to the property for
which the variation is sought and are not applicable, generally, to other property within the
same zoning classification.
3. The alleged difficulty or hardship is caused by this title and has not been created by any person
presently having an interest in the property.
4. The granting of the variation will not be detrimental to the public welfare or injurious to other
property or improvements in the neighborhood in which the property is located.
5. The proposed variation will not impair an adequate supply of light and air to adjacent property,
or substantially increase the congestion in the public streets, or increase the danger to the public
safety, or substantially diminish or impair property values within the neighborhood.
6. The proposed variation is consistent with the official comprehensive plan and other
development standards and policies of the city.
The petitioner has provided responses to all these standards listed above in their application
materials which is requested to be entered into the record.
Staff Comments:
As stated, staff is supportive of the requested variances to the Stormwater Management
Ordinance, Landscape Ordinance and Zoning Ordinance for the future expansion of the Yorkville
Bristol Sanitary District (YBSD) wastewater treatment operations. We believe the ability for the
sanitary district to provide the treatment of the increasing sewage flow produced by existing and future
residential, commercial, and industrial land uses in Yorkville is critical to our growth. Further, the
proposed variances would not create any substantial hardships to the environment, adjacent
landowners, or downstream structures.
Finally, the 2016 Comprehensive Plan’s future land use designation for this property is
Institutional. The Institutional land use classification allows land owned or used by public or quasi-
public entities to plan accordingly for future location and expansion of such facilities. The proposed
Yorkville Bristol Sanitary District’s expansion plan is consistent with the Comprehensive Plan.
7
PROPOSED MOTIONS:
The following four (4) motions should be considered by the Planning and Zoning Commission
separately for each variance request:
1. Stormwater Detention
In consideration of testimony presented during a Public Hearing on January 12, 2022 and
approval of the findings of fact, the Planning and Zoning Commission recommends
approval of a requested variance to Title 8 – Building Regulations, Chapter 7 - Stormwater
and Floodplain Regulations (Section 203.1.b of the Kendall County Stormwater
Management Ordinance as adopted by the United City of Yorkville) granting full relief of
the stormwater detention requirements for a future wastewater treatment facility to be
located on the 21-acre parcel immediately west of 304 River Street and further subject to
{insert any additional conditions of the Planning and Zoning Commission}…
2. Compensatory Storage
In consideration of testimony presented during a Public Hearing on January 12, 2022 and
approval of the findings of fact, the Planning and Zoning Commission recommends
approval of a requested variance to Title 8 – Building Regulations, Chapter 7 - Stormwater
and Floodplain Regulations (Section 403.a of the Kendall County Stormwater Management
Ordinance as adopted by the United City of Yorkville) granting full relief of the
compensatory storage requirements for a future wastewater treatment facility to be located
on the 21-acre parcel immediately west of 304 River Street and further subject to {insert any
additional conditions of the Planning and Zoning Commission}…
3. Landscape Ordinance
In consideration of testimony presented during a Public Hearing on January 12, 2022 and
approval of the findings of fact, the Planning and Zoning Commission recommends
approval of a requested variance to Title 8 – Building Regulations, Chapter 12 - Landscape
Ordinance of the Yorkville City Code granting full relief of the tree preservation and
replacement requirements for a future wastewater treatment facility to be located on the 21-
acre parcel immediately west of 304 River Street and further subject to {insert any additional
conditions of the Planning and Zoning Commission}…
4. Building Setback
In consideration of testimony presented during a Public Hearing on January 12, 2022 and
approval of the findings of fact, the Planning and Zoning Commission recommends
approval of a requested variance to Title 10 – Zoning, Chapter 7 – Dimensional and Bulk
Requirements of the Yorkville City Code granting a reduction of yard setbacks in the A-1
Agricultural Zoning District to 10’ from all property lines for a future wastewater treatment
facility to be located on the 21-acre parcel immediately west of 304 River Street and further
subject to {insert any additional conditions of the Planning and Zoning Commission}…
Attachments:
1. Petitioner Application (with attachments)
2. Plan Council meeting minutes 11-9-21
3. EEI Review Letter dated 11-8-21
4. WBK Engineering Letter dated 11-30-21
5. Ordinance 2006-44
6. Ordinance 2007-30
7. Public Hearing Notice
Print using Adobe® Reader®'s "Actual size" setting
r150 1/1 10/12/2021 11:30:06 AM
Exhibit B – Adjoining or contiguous landowners within 500 feet of the property
Yorkville Bristol Sanitary District
Variance Request 201643.40
Yorkville Bristol Sanitary District
Variance Request
TABLE OF CONTENTSSection Page No.
1.INTRODUCTION ................................................................................................................................................32.ORDINANCES ......................................................................................................................................................52.1 Stormwater Detention Ordinance for Kendall County ......................................................52.2 Compensatory Storage Ordinance for Kendall County......................................................52.3 Tree Replacement Standards, Landscaping Ordinance for City ofYorkville................................................................................................................................................53.VARIANCE REQUESTS ....................................................................................................................................63.1 Stormwater Detention ....................................................................................................................63.2 Compensatory Storage....................................................................................................................83.3 Tree Replacement ..........................................................................................................................104.OFFSITE COMPENSATORY STORAGE ...................................................................................................115.CONCLUSION ...................................................................................................................................................11
LIST OF EXHIBITSExhibit1–Kendall County Stormwater Ordinance2–United City of Yorkville Landscaping Ordinance3–Fox River Tributary Drainage Area4–Blackberry Creek Tributary Drainage Area5–Project Area6–Downstream Structures7–Will County Detention Exemptions8–HEC-RAS Model Results Table9–Offsite Compensatory Storage Locations10–U.S. Fish & Wildlife Service Report
5/21/2013 Article 2 Page 4
Sec. 203 Site Runoff Storage Requirements
203.1 Applicability of Site Runoff Storage Requirements
All developments shall comply with the site runoff storage requirements provided in Section 203
of this Ordinance in which:
a. Single family - detached land use property consisting of five or more residential
structures having an average lot size of three acres or less;
b. A non-residential land use or a residential land use other than single family - detached
property of contiguous ownership equal to or greater than three acres and:
1. resulting in more than 45,000 square feet of development, or;
2. resulting in more than 32,000 square feet of impervious surface area
Exhibit 1: Excerpts from Kendall County Stormwater Ordinance,
as adopted by the United City of Yorkville
Request for waiver of 203.1.b.
5/21/2013 Article 2 Page 6
203.2 Release Rate
Sufficient excess runoff / flood storage volume shall be provided so that the proposed project
will not discharge at a rate greater than 0.15 cfs/acre of disturbance for a rainfall event with a
100-year recurrence frequency. Additionally, sufficient excess runoff / flood storage volume
shall be provided so that the proposed project will not discharge at a rate greater than 0.04
cfs/acre of disturbance for a rainfall event with a 2-year recurrence frequency. The area of
hydrologic disturbance for the entire project shall be used to calculate the site runoff storage
volume requirements.
203.3 Design Methods
Event hydrograph routing methods shall be used to calculate runoff storage volume requirements
for stormwater management basins with total tributary areas greater than five acres. The
hydrograph routing shall be HEC-1, (SCS methodology), HEC-HMS, TR-20, or TR-55 tabular
method or as otherwise approved by the Administrator. Event hydrograph methods shall
incorporate the following assumptions:
a. Antecedent moisture condition = 2; and
b. Appropriate Huff rainfall distribution; and
c. 24-hour duration storm with a 1% probability (100-year frequency) of occurrence in
any one year as specified by Illinois State Water Survey Bulletin 71 isohyetal rainfall
data.
Runoff storage volume requirements for stormwater management basins with total tributary
areas equal to or less than five acres may utilize the % Impervious to unit Area Detention
nomograph developed by NIPC (now known as CMAP) depicted in Table 203.
203.4 Existing Release Rate Less Than Allowable
For sites where the undeveloped release rate is less than the maximum release rate in Section
203.2, the developed release rate and corresponding site runoff storage volume requirement shall
be based on the existing undeveloped release rate for the development.
Sections 203.2 - 202.11 would be rendered null by waiver of 203.1.b.
5/21/2013 Article 2 Page 7
203.5 Downstream Water Surface Elevations
All hydrologic and hydraulic computations must utilize appropriate assumptions for downstream
water surface elevations, from low flow through the base flood elevation, considering the
likelihood of concurrent flood events.
203.6 Extended Detention Requirement
The requirements of this section will apply only when the outfall from a stormwater management
basin is proposed to connect to an off-site agricultural drain tile system. The first 0.75 inches of
runoff from a rainfall event over the hydraulically connected impervious area of the development
shall be stored below the elevation of the primary gravity outlet (extended detention) of the
stormwater management basin. The facility may be designed to allow for evapotranspiration or
infiltration of this volume into a subsurface drainage system and shall not be conveyed through a
direct positive connection to downstream areas.
The hydraulically connected impervious area used in the calculation of required extended
detention volume may be reduced by the Administrator if the soils are prepared to maximize
infiltration and deep rooted grasses or other plants selected for their ability to promote infiltration
or water absorption are planted in areas appropriately dedicated. The reduction in hydraulically
connected impervious area used in the calculation shall be equal to the area of the development
meeting the above soils/native planting requirement.
Subsurface drainage systems may be designed as a component of the extended detention portion
of the stormwater management basin to assist in infiltration in accordance with the following
criteria:
a. The extended detention volume shall be discharged at a rate no greater than that
required to empty the calculated extended detention volume within 5 days of the storm event and
at a rate no less than that required to empty the calculated extended detention volume within 30
days of the storm event.
b. No subsurface drainage pipe shall be located within 10 feet of drainage pipes directly
connected to the stormwater management basin.
c. For purposes of meeting the maximum subsurface drainage discharge requirements,
flow control orifices and weirs may be used.
d. All design extended detention volume shall be provided above the seasonal high
ground water table or the invert elevation of the groundwater control system.
e. Farm field tile shall not be considered a subsurface drainage system.
203.7 Stormwater Management Basin Design Requirements
Stormwater management basins shall be designed and constructed with the following
characteristics:
a. The stormwater management basin shall provide 1 (one) foot of freeboard above the
design high water elevation or BFE.
Sections 203.2 - 202.11 would be rendered null by waiver of 203.1.b.
5/21/2013 Article 2 Page 8
b. The stormwater management basin shall be located on the site and designed such that
they are accessible by motorized maintenance equipment necessary for regular and long term
maintenance operations. The route to the basin shall be formalized with an access easement and
that the surface of such route shall be easily traversable by maintenance equipment / operations
as determined by the Administrator.
c. All site runoff storage volume shall be provided above the seasonal high groundwater
table or above the invert of the groundwater control system.
d. Stormwater management basins shall facilitate sedimentation and catchment of
floating material. Unless specifically approved by the Administrator, impervious low-flow
ditches shall not be used in stormwater management basins. Stormwater management basins
shall maximize the normal flow distance between stormwater management basin inlets and
outlets, to the extent possible
e. Stormwater management basins shall reduce impacts of stormwater runoff on water
quality by incorporating best management practices.
f. Stormwater management basins shall be designed with an emergency overflow weir
capable of passing the inflow from the critical duration base flood event under developed
conditions. The predicted emergency water surface elevation shall be below the top of
embankment for any other portion of the stormwater management basin. The weir design shall
provide appropriate erosion control measures.
g. Stormwater management basins with single pipe outlets shall have a minimum inside
diameter of 12 inches. If design release rates necessitate a smaller outlet, flow control devices
such as perforated risers, or flow control orifices shall be used.
h. Stormwater management basins intended to support potential fish habitat with a
permanent pool, shall be at least ten feet deep over 25 percent of the bottom area.
i. Stormwater management basins shall have a maximum side slope of four to one.
j. Stormwater management basins with a permanent pool shall have a safety shelf at
least eight feet wide a maximum of two feet below the normal water pool.
k. Stormwater management basins shall have a maximum drawdown time of 72 hours
for a 24-hour duration rainfall event with 100-year recurrence frequency.
j. All stormwater management basins shall comply with IDNR dam safety requirements
where applicable.
203.8 Site Runoff Storage Volume Within The Regulatory Floodplain
Stormwater management basins and other facilities to satisfy site runoff storage volume
requirements located within the regulatory floodplain shall:
a. Conform to all applicable requirements specified in Article 4 of this Ordinance; and
Sections 203.2 - 202.11 would be rendered null by waiver of 203.1.b.
5/21/2013 Article 2 Page 9
b. Store the required amount of site runoff to meet the release rate requirement under all
stream flow and backwater conditions in the receiving stream up to the 10-year flood
elevation; and
c. Site runoff storage volume provided by enlarging existing regulatory floodplain
storage without providing a flow control device regulating discharge (on-stream
detention) will be allowed only as a variance. The applicant must demonstrate that
flood damages are not increased and the development will not increase flood flows
for both the 2-year and 100-year floods on the stream with developed conditions on
the site; and
d. The Administrator may approve designs which can be shown by detailed hydrologic
and hydraulic analysis to provide a net watershed benefit in flood control not
otherwise realized by strict application of the requirements in a through c above.
203.9 Site Runoff Storage Volume Within The Regulatory Floodway
Stormwater management basins and other facilities to satisfy site runoff storage volume
requirements located within the regulatory floodway shall:
a. Meet the requirements for locating stormwater management basins in the regulatory
floodplain; and
b. Be evaluated by performing hydrologic and hydraulic analysis consistent with the
standards and requirements for any adopted watershed plans; and
c. Provide a net watershed benefit in flood control.
203.10 Site Runoff Storage Volume - Channel Impoundment
Flow control structures constructed across any channel to impound water to meet site runoff
storage requirements shall be prohibited on any perennial stream unless part of a public flood
control project with a net watershed benefit in flood control. Those streams appearing as blue on
a USGS Quadrangle map shall be assumed perennial unless better data is obtained. All cross-
stream flow control structures for the purpose of impounding water to provide site runoff storage
in all cases on perennial and intermittent streams must demonstrate that they will not cause short
term or long-term stream channel instability.
203.11 Off-Site Stormwater Management Basins
Stormwater management basins and other facilities to satisfy site runoff storage volume
requirements may be located off-site if the following conditions are met:
a. The off-site stormwater management basin meets all of the requirements of this Article
2; and
b. Adequate storage capacity in the off-site facility is dedicated to the development; and
c. The development includes means to convey stormwater to the off-site stormwater
management basin.
Sections 203.2 - 202.11 would be rendered null by waiver of 203.1.b.
4/3/2011 Article 4 Page 10
Sec. 403 Compensatory Storage Volume Standards
The following standards apply within the regulatory floodplain:
a. Hydraulically equivalent compensatory storage volume will be required for development
in a riverine regulatory floodplain and shall be at least equal to the regulatory floodplain
flood storage volume displaced. To the greatest extent practicable storage volume
displaced below the existing 10-year frequency flood elevation must be replaced below
the proposed 10-year frequency flood elevation. To the greatest extent practicable storage
volume displaced above the 10-year existing frequency flood elevation must be replaced
above the proposed 10-year frequency flood elevation.
b. Compensatory storage volume for development in a non-riverine regulatory floodplain
area that is also adjacent to a lake shall be equal to the storage volume displaced.
c. Compensatory storage volume requirements for development in a non-riverine Regulatory
Floodplain that is not adjacent to a lake shall be replaced in accordance with the
requirements for the loss of depressional storage in Section 201.6.
d. Compensatory storage areas shall be designed to drain freely and openly to the channel
and shall be located adjacent to the development. This standard does not apply to non-
riverine Regulatory Floodplain.
e. A recorded covenant or easement running with the land is required to maintain the
compensatory storage volume in areas modified to provide compensatory storage
volume.
Request for waiver of 403.a
Sections 403.d. - 403.e. would be rendered null by waiver of 403.a.
Table 7 - Summary of Discharges (continued)
Peak Discharges (cubic feet per second)
Flooding Source Drainage Area 10-Percent- 2-Percent- 1-Percent- 0.2-Percent-
and Location (square miles) Annual-Chance Annual-Chance Annual-Chance Annual-Chance
Fox River
At Dayton
(USGS gage No. 05552500) 2,642 22,132 36,274 41,893 58,357
At Bridge Street 2,138 15,327 23,899 27,412 36,894
About 900 feet upstream
of Bridge Street 1,804 10,580 15,221 17,697 22,615
At Aurora
(USGS gage No. 05551500) 1,705 8,572 12,791 14,368 18,697
Harvey Creek
300 feet downstream
of Sandy Bluff Road 3.46 381 525 595 983
600 feet downstream
of Griswold Springs Road 3.36 367 506 569 924
2,000 feet upstream
of Griswold Springs Road 2.41 291 387 442 638
At Dayton Street 1.41 183 248 291 379
Middle Aux Sable Creek
Just downstream of Caton
Farm Road 15.9 1,252 2,144 2,767 3,481
Just downstream of Wheeler
Road 14.0 1,241 2,124 2,741 3,448
Upstream of Wheeler Road 12.9 1,237 2,117 2,731 3,435
North Arm Saratoga Creek
About 150 feet downstream
from farm bridge 0.7 80 * 143 *
At Joliet Road 0.66 79 * 140 *
About 700 feet upstream of
Galena Street 0.42 59 * 106 *
Tributary 1 to West Aux
Sable Creek Tributary B
Just downstream of the
intersection of Caton Farm
Road and Brisbin Road 2.1 446 743 947 1,179
Waubansee Creek
At confluence with Fox River 29.6 * * 2,007 *
At U.S Route 25 29.5 * * 1,979 *
At U.S. Route 34 29.2 * * 1,940 *
At U.S. Route 30 18.7 774 1,170 1,447 2,700
At Elgin Joliet and Eastern
Railroad 17.4 734 1,108 1,373 2,500
*Data not available
Exhibit 2: Fox River Tributary Drainage Area
Exhibit 3: Fox River Tributary Drainage Area
19
Table 7. Summary of Discharges
Peak Discharges (cubic feet per second)
Flooding Source Drainage Area 10-Percent- 2-Percent- 1-Percent- 0.2-Percent-
and Location (square miles) Annual-Chance Annual-Chance Annual-Chance Annual-Chance
Aux Sable Creek
Downstream of Bell Road 107.9 6,162 10,618 13,754 17,360
Downstream of US Highway 52 99.1 5,902 10,167 13,168 16,617
Just downstream of East Aux
Sable Creek confluence 98.6 5,886 10,139 13,131 16,570
Downstream of McKanna Road 64.9 3,134 5,422 7,038 7,038
Just downstream of the
convergence of Middle Aux
Sable Creek and West Aux
Sable Creek 63.8 3,054 5,285 6,861 8,676
Blackberry Creek
Just downstream of Route 34 69.0 1,381 2,303 2,771 4,053
Just downstream of Route 47 67.5 1,366 2,284 2,749 4,026
Approximately 7,200 feet
upstream of Route 47 65.2 1,349 2,260 2,721 3,991
Just downstream of Route 30 59.6 1,316 2,229 2,692 3,968
Clear Creek
At confluence with Fox River 6.7 1,055 1,484 1,772 2,474
About 3,300 feet upstream
of confluence with Fox River 6.4 1,003 1,413 1,701 2,371
About 2,000 feet downstream
of Crimmin Road 3.9 677 994 1,181 1,676
At Crimmin Road 3.5 614 902 1,071 1,520
About 3,700 feet upstream
of Crimmin Road 3.3 560 822 968 1,375
About 1,250 downstream of
confluence with Dave-Bob
Creek 2.87 495 726 855 1,214
At Chicago Road 2.53 408 590 718 1,003
At Main Street 2.01 311 435 538 759
About 1,000 feet upstream
of State Route 71 1.6 231 381 462 670
Dave-Bob Creek
At confluence with Clear
Creek 0.3 65 100 115 145
At Unnamed Tributary 0.17 40 65 75 95
East Aux Sable Creek
Just downstream of the
confluence of East Aux Sable
Creek Tributary A 33.7 2,871 4,908 6,330 7,960
Upstream of the confluence of
East Aux Sable Creek
Tributary B 27.8 2,533 4,328 5,581 7,015
Exhibit 4: Blackberry Creek Tributary Drainage Area
§ 55.020 GENERAL INFORMATION.
(A) Other applicable regulations. All developments shall meet the requirements specified for general stormwater
development (§ 55.020), site runoff (§ 55.022), sediment and erosion control (§§ 55.035 through 55.047), performance
security and maintenance (§§ 55.200 through 55.203).
(B) Applicability of site runoff storage requirements (detention).
(1) All developments shall comply with the site runoff storage requirements provided in § 55.023 of this subchapter in
which:
(a) More than two single-family structures or one two-family structure are to be constructed on a site five or more
acres in size;
(b) Multi-family or nonresidential land use is to be constructed on a site more than one acre in size;
(c) Existing multi-family or nonresidential land uses on a site one acre or more in size, on which new development
after the effective date of this chapter in the aggregate exceeds 25,000 square feet;
(d) Roadway developments in rights-of-way under the ownership or control of a unit of local governments when the
contiguous area of new roadway construction (excluding previously paved areas) exceeds two acres; and
(e) The developer of a commercial or industrial redevelopment may request that a fee-in-lieu of detention be
approved provided that all of the following are demonstrated to the sole satisfaction of the Administrator:
1. The drainage plan will not increase existing flood damages; and
2. The drainage plan provides a net benefit in water quality compared to the existing development.
(2) The Administrator shall determine the appropriate fee to be collected as defined in § 55.215, and his or her decision
in the matter shall be considered final.
(C) Exemptions from site runoff storage requirements (detention). Site run-off storage is not required under the following
circumstances:
(1) Direct discharge industrial sites; and/or
(2) Non-industrial direct discharge sites 160 acres or less having the following minimum river frontage:
Site Area Required Frontage
0—2 acres 50 feet
Up to 5 acres 100 feet
Up to 10 acres 150 feet
Up to 40 acres 200 feet
Up to 80 acres 350 feet
Up to 160 acres 500 feet
(Res. 02-441, passed 10-17-2002; Res. 02-495, passed 11-21-2002; Res. 04-87, passed 3-17-2004)
Exhibit 7: Will County Detention Exemptions
Endangered species
This resource list is for informational purposes only and does not constitute an analysis of project
level impacts.
The primary information used to generate this list is the known or expected range of each species.
Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of
the species range if the species could be indirectly affected by activities in that area (e.g., placing a
dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly
impact the species by reducing or eliminating water flow downstream). Because species can move,
and site conditions can change, the species on this list are not guaranteed to be found on or near the
project area. To fully determine any potential effects to species, additional site-specific and project-
specific information is often required.
Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary
information whether any species which is listed or proposed to be listed may be present in the area
of such proposed action" for any project that is conducted, permitted, funded, or licensed by any
Federal agency. A letter from the local office and a species list which fulfills this requirement can only
be obtained by requesting an official species list from either the Regulatory Review section in IPaC
(see directions below) or from the local field office directly.
For project evaluations that require USFWS concurrence/review, please return to the IPaC website
and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed species
and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and
Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric
Administration (NOAA Fisheries ).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this
list. Please contact NOAA Fisheries for species under their jurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows
species that are candidates, or proposed, for listing. See the listing status page for more
information. IPaC only shows species that are regulated by USFWS (see FAQ).
2.NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the
National Oceanic and Atmospheric Administration within the Department of Commerce.
The following species are potentially affected by activities in this location:
1
2
Mammals
Insects
Flowering Plants
Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with the endangered
species themselves.
THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.
Migratory birds
NAME STATUS
Indiana Bat Myotis sodalis
Wherever found
There is final critical habitat for this species. The location of the
critical habitat is not available.
https://ecos.fws.gov/ecp/species/5949
Endangered
Northern Long-eared Bat Myotis septentrionalis
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9045
Threatened
NAME STATUS
Rusty Patched Bumble Bee Bombus affinis
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9383
Endangered
NAME STATUS
Eastern Prairie Fringed Orchid Platanthera leucophaea
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/601
Threatened
Certain birds are protected under the Migratory Bird Treaty Act
and the Bald and Golden Eagle Protection Act .
1 2
The birds listed below are birds of particular concern either because they occur on the USFWS Birds
of Conservation Concern (BCC) list or warrant special attention in your project location. To learn
more about the levels of concern for birds on your list and how this list is generated, see the FAQ
below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on
this list will be found in your project area. To see exact locations of where birders and the general
public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip:
enter your location, desired date range and a species on your list). For projects that occur off the
Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird
species on your list are available. Links to additional information about Atlantic Coast birds, and
other important information about your migratory bird list, including how to properly interpret and
use your migratory bird report, can be found below.
For guidance on when to schedule activities or implement avoidance and minimization measures to
reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at
the top of your list to see when these birds are most likely to be present and breeding in your project
area.
Any person or organization who plans or conducts activities that may result in impacts to migratory
birds, eagles, and their habitats should follow appropriate regulations and consider implementing
appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
Additional information can be found using the following links:
• Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds
http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/
conservation-measures.php
• Nationwide conservation measures for birds
http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf
NAME BREEDING SEASON (IF A
BREEDING SEASON IS INDICATED
FOR A BIRD ON YOUR LIST, THE
BIRD MAY BREED IN YOUR
PROJECT AREA SOMETIME WITHIN
THE TIMEFRAME SPECIFIED,
WHICH IS A VERY LIBERAL
ESTIMATE OF THE DATES INSIDE
WHICH THE BIRD BREEDS ACROSS
ITS ENTIRE RANGE. BREEDS
ELSEWHERE INDICATES THAT THE
BIRD DOES NOT LIKELY BREED IN
YOUR PROJECT AREA.)
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but
warrants attention because of the Eagle Act or for potential
susceptibilities in offshore areas from certain types of development
or activities.
https://ecos.fws.gov/ecp/species/1626
Breeds Oct 15 to Aug 31
Black-billed Cuckoo Coccyzus erythropthalmus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9399
Breeds May 15 to Oct 10
Bobolink Dolichonyx oryzivorus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Breeds May 20 to Jul 31
Dunlin Calidris alpina arcticola
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
Breeds elsewhere
Golden Eagle Aquila chrysaetos
This is not a Bird of Conservation Concern (BCC) in this area, but
warrants attention because of the Eagle Act or for potential
susceptibilities in offshore areas from certain types of development
or activities.
https://ecos.fws.gov/ecp/species/1680
Breeds elsewhere
Henslow's Sparrow Ammodramus henslowii
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/3941
Breeds May 1 to Aug 31
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any
location year round. Implementation of these measures is particularly important when birds are most likely to occur
in the project area. When birds may be breeding in the area, identifying the locations of any active nests and
avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur
and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species
present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that
may warrant special attention in your project location.
King Rail Rallus elegans
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/8936
Breeds May 1 to Sep 5
Least Bittern Ixobrychus exilis
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/6175
Breeds Aug 16 to Oct 31
Lesser Yellowlegs Tringa flavipes
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9679
Breeds elsewhere
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Breeds May 10 to Sep 10
Ruddy Turnstone Arenaria interpres morinella
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
Breeds elsewhere
Rusty Blackbird Euphagus carolinus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Breeds elsewhere
Semipalmated Sandpiper Calidris pusilla
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Breeds elsewhere
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Breeds May 10 to Aug 31
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network
(AKN). The AKN data is based on a growing collection of survey banding and citizen science datasets and is queried
and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects,
and that have been identified as warranting special attention because they are a BCC species in that area, an eagle
(Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not
representative of all birds that may occur in your project area. To get a list of all birds potentially present in your
project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring
in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian
Knowledge Network (AKN). This data is derived from a growing collection of survey banding and citizen science
datasets .
Probability of presence data is continuously being updated as new and better information becomes available. To
learn more about how the probability of presence graphs are produced and how to interpret them, go the
Probability of Presence Summary and then click on the Tell me about these graphs link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-
round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if
you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If
a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If Breeds elsewhere is
indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. BCC Rangewide birds are Birds of Conservation Concern (BCC) that are of concern throughout their range
anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands);
2. BCC - BCR birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the
continental USA; and
3. Non-BCC - Vulnerable birds are not BCC species in your project area, but appear on your list either because of
the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from
certain types of development or activities (e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to
avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For
more information on conservation measures you can implement to help avoid and minimize migratory bird impacts
and requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and groups of
bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal
also offers data and information about other taxa besides birds that may be helpful to you in your project review.
Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS
Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the year,
including migration. Models relying on survey data may not include this information. For additional information on
marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle
Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority
concern. To learn more about how your list is generated, and see options for identifying what other birds may be in
your project area, please see the FAQ What does IPaC use to generate the migratory birds potentially occurring in
my specified location . Please be aware this report provides the probability of presence of birds within the 10 km
grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the no data indicator (a
red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of
presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack
of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting
point for identifying what birds of concern have the potential to be in your project area, when they might be there,
and if they might be breeding (which means nests might be present). The list helps you know what to look for to
confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize
potential impacts from your project activities, should presence be confirmed. To learn more about conservation
measures, visit the FAQ Tell me about conservation measures I can implement to avoid or minimize impacts to
migratory birds at the bottom of your migratory bird trust resources page.
Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS AT THIS LOCATION.
Fish hatcheries
THERE ARE NO FISH HATCHERIES AT THIS LOCATION.
Wetlands in the National Wetlands Inventory
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404
of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
WETLAND INFORMATION IS NOT AVAILABLE AT THIS TIME
This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or for very
large projects that intersect many wetland areas. Try again, or visit the NWI map to view wetlands at
this location.
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information
on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery.
Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the
use of imagery; thus, detailed on-the-ground inspection of any particular site may result in revision of the wetland
boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts,
the amount and quality of the collateral data and the amount of ground truth verification work conducted.
Metadata should be consulted to determine the date of the source imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be
occasional differences in polygon boundaries or classifications between the information depicted on the map and
the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial
imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged
aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters.
Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory.
These habitats, because of their depth, go undetected by aerial imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a
different manner than that used in this inventory. There is no attempt, in either the design or products of this
inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the
geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities
involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or
local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such
activities.
Days to
Variance Schedule Complete Day Date
B&W meet with YBSD to Review Approach and Prepare 7 Wed 7/14/2021
District Board Approves the Variance Approach Mon 8/9/2021
1. Informal Meeting with City staff and Engineering (EEI)Mon 8/9/2021
2. City provides initial staff comments on whether they will support variances 14 Mon 8/23/2021
3. City staff engages County for County Ordinance variances, if applicable 21 Mon 8/30/2021
4. Meeting with City & County Staff to finalize formal variance request 50 Tue 10/12/2021
5. Formal Variance Submittal Fri 10/15/2021
6. Plan Council 25 Tue 11/9/2021
a. City staff and Engineering (EEI)
7. Economic Development Committee (4 people)Tue 12/7/2021
8. Public Notice Deadline 21 Tue 12/28/2021
9. Planning and Zoning Commission (Public Hearing)Wed 1/12/2022
Approval process – City:
10. Planning and Zoning provides Positive or Negative recommendation to City Council 12 Mon 1/24/2022
11. City Council Approval Tue 1/25/2022
a. If positive recommendation received from Planning and Zoning, majority needed for
approval
b. If negative recommendation received from Planning and Zoning, super majority needed for
approval
Approval process – County:
10. Planning and Zoning provides recommendations to County Board and Director.0 Tue 1/25/2022
11. County Board grants variance, grants modified variance, or denies variance within 45 days of
receiving written recommendations 45 Fri 3/11/2022
DRAFT
Page 1 of 2
UNITED CITY OF YORKVILLE
PLAN COUNCIL
Tuesday, November 9, 2021 9:00am
Yorkville City Hall, Conference Room
800 Game Farm Road, Yorkville, Il
Note: In accordance with Public Act 101-0640 and Gubernatorial Disaster Proclamation issued by
Governor Pritzker pursuant to the powers vested in the Governor under the Illinois Emergency
Management Act, remote attendance was allowed for this meeting to encourage social distancing due to
the current Covid-19 pandemic.
All participants were present via Zoom unless indicated otherwise.
IN ATTENDANCE:
Krysti Barksdale Noble, Community Development Director, City of Yorkville
Jason Engberg, Senior Planner, City of Yorkville
Bart Olson, Yorkville City Administrator
Eric Dhuse, Director Public Works, City of Yorkville
Brad Sanderson, Engineer for City of Yorkville/EEI
Lee Melcher, Plant Engineer, YBSD
Matt Asselmeier, Senior Planner, Kendall County
Cyrus McMains, Director YBSD
Brent Perz, Project Manager, Baxter & Woodman, Inc.
Corey VanDyk, Baxter & Woodman, Inc. (via phone)
Tim Paulson, EEI
Ms. Noble called the meeting to order at 9:00am.
1. Minutes for Approval: November 12, 2020
The minutes were approved as presented.
2. PZC 2021-07 YBSD Expansion – Stormwater Management & Landscape Ordinance Variance
Discussion began with the stormwater variance request. Tim Paulson referred to his letter explaining
the two variance requests: stormwater detention requirement and compensatory storage requirement.
He said there would be no impact to the downstream or upstream properties or flood plain on the Fox
River. He said he supports the variance requests to facilitate the expansion.
Project Manager Brent Perz of Baxter Woodman briefly discussed the waiver from Kendall County and
City of Yorkville of storage requirements for stormwater on the site. He also noted the standards and
justification for each request.
Ms. Noble said there are basically 3 requests: compensatory storage, detention requirements and
variance from the city's tree preservation and replacement standards. She said the property seeking
these variances is about 21 acres and referred to as the “west site” in the plans.
Page 2 of 2
The site is currently zoned A-1 agricultural and has a special use as public sanitary water treatment
facility approved in 2006 via ordinance. Surrounding properties are open space and are zoned either
R-1 or A-1. The YBSD facility is located on property annexed in 2007 and the existing site had
approval for a 10 foot yard setback. The location for expansion did not provide any relief for buildings
or structures, so staff provided a table for setbacks. Ms. Noble will amend the Public Hearing notice to
allow 10 foot setbacks along all property lines, as requested by Baxter Woodman. Ms. Noble said this
will apply to interior property lines as well. Mr. Perz indicated there may be a building close to an
interior line that bisects the west site. Ms. Noble said the city would allow a variance of 10 feet from
front to rear and 0 feet setback for interior sides. She said zoning does allow for considering two
adjacent lots as one zoning lot.
The last consideration is the tree preservation and replacement standards. Current ordinance requires
replacement of trees with certain caliper sizes. The project does not allow for replacement so the city is
asking that the petitioner provide a tree survey from a certified arborist or landscape architect, that will
locate all trees of 4” in caliper or greater, within 100 feet of any tree proposed to be removed. This will
provide an inventory of what is slated to be removed, the species and the size. Overall the city supports
the variance request to not replace the trees. Staff would like the tree survey before the Public Hearing
on January 12th.
Matt Asselmeier commented that the county has received all paperwork, however, the application was
not signed and no escrow deposit has been received yet. Mr. VanDyk said these items would be
addressed in the next couple days.
Ms. Noble will draft a latter to summarize this meeting. This matter will then move to the Economic
Development committee meeting on December 7th and she will provide information to the committee.
Adjournment
There was no further business and the meeting adjourned at 9:17pm.
Minutes respectfully transcribed by Marlys Young, Minute Taker
Product(s): SubTrib_Aurora Beacon News, Publicnotices.com
AdSize(s):1 Column
Run Date(s):Thursday, December 23, 2021
Zone:Full Run
Color Spec.B/W
Preview
Order ID:7108386
Page 2 of 3
12/16/2021 10:09:38 AMPrinted:
GROSS PRICE * :
* Agency Commission not included
IL Govt Legal Aurora BeaconPACKAGE NAME: