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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: