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Planning and Zoning Commission Minutes 2023 09-13-23APPROVED 10/11/23 Page 1 of 4 PLANNING & ZONING COMMISSION City Council Chambers 651 Prairie Pointe Drive, Yorkville, IL Wednesday, September 13, 2023 7:00pm Meeting Called to Order Vice-Chairman Richard Vinyard called the meeting to order at 7:30pm after a 30-minute delayed start time. Roll was called and a quorum was established. Roll Call Danny Williams-yes, Deborah Horaz-yes, Rusty Hyett-yes/via Zoom, Reagan Goins-yes, Greg Millen-yes, Richard Vinyard-yes City Staff Krysti Barksdale-Noble, Community Development Director Chris Funkhouser, Alderman Jackie Berg, Consultant-Houseal Lavigne Lynn Dubajic Kellogg, City Consultant Other Guests Christine Vitosh, Vitosh Reporting Service Mike Krempski Molly Krempski Rick Koshko, WSPY Matt Gilbert, Green Door, via Zoom Previous Meeting Minutes July 12, 2023 The minutes were approved on a motion by Mr. Williams and second by Ms. Goins. Roll call vote: Horaz-yes, Hyett-yes, Goins-yes, Millen-yes, Vinyard-yes, Williams-yes. Carried 6-0. Citizen’s Comments None Public Hearings Mr. Vinyard stated the procedure for the Public Hearings and swore in those who would give testimony during the Public Hearings. At approximately 7:33pm the Hearings were opened on a motion by Ms. Horaz and second by Mr. Williams. Roll call: Hyett-yes, Goins-yes, Millen-yes, Vinyard-yes, Williams-yes, Horaz-yes. Carried 5-0. 1. PZC 2023-09 United City of Yorkville has filed an Application for numerous amendments to the existing Yorkville City Code of Ordinances to adopt a new Unified Development Ordinance, including changes to the Zoning District Map, pursuant to section 11-13-14 of the Illinois Municipal Code (65 ILCS 5/11-13-14) and Section 10-4-10 of the Yorkville Zoning Ordinance. The proposed amendments relate to the existing Title 10 – Zoning, Title 11 – Subdivision Control, and the following chapters of Title 8 – Buildings Regulations: Chapter 7 Page 2 of 44 – Stormwater and Flooding Regulations, Chapter 12 – Landscape Ordinance and Chapter 15 – Appearance Code of the Yorkville City Code. 2.PZC 2023-10 United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a text amendment to Chapter 6: Permitted and Special Uses in the Zoning Ordinance to identify ”data center”, “refrigerated warehouse (cold storage)”, and “battery uses” as permitted uses within the M-1 Limited Manufacturing and M-2 General Manufacturing districts. This text amendment will provide definitions for the establishment and operation of such uses in these zoning districts. Additionally, an amendment to Table 10.16.03 in Chapter 16: Off-Street Parking and Loading in the Zoning Ordinance related to the uses is proposed. (See Court Reporter's Transcript of Public Hearings) A motion to close the Public Hearings was made at approximately 8:24pm by Mr. Williams and seconded by Ms. Goins. Roll call: Horaz-yes, Hyett-yes, Goins-yes, Millen-yes, Vinyard-yes, Williams-yes. Carried 6-0. Unfinished Business None New Business 1. PZC 2023-09 Amendments (See Full description above) Ms. Noble stated that the recommendations made at the August 31st final UDO meeting are not yet included in the UDO document. She also noted that staff received clear direction from City Council that land size should not be changed in the R-1 and R-2 districts. The Commissioners reviewed the recommended changes from the UDO Committee and discussed some of them briefly. Ms. Noble then summarized the revisions and recommendations made by PZC Commissioners as follows: Chapter 2: Commissioners OK with dwelling unit rather than family unit Chapter 3: Omit R-2-A zoning and leave R-1 and R-2 as they currently exist Chapter 4: Change ADU: recommend attached homes be permitted outright and detached should be special use Chapter 5: Re: off-street parking : recommend the changes advisory committee stated-- 2 spaces for single-family, change townhome parking spaces from 1.25 to 2.25 Chapter 6; eliminate all regulations for yard signs Chapter 7: Subdivision standards: recommend to remove connectivity requirement; keep cluster developments as PUD Ms. Horaz asked about the “in lieu of fee parking”. Ms. Noble said if the parking becomes an issue or is inadequate, City Council can revoke that. The discussion of revisions concluded and Vice-Chairman Vinyard entertained a motion to approve PZC 2023-09 Unified Development Ordinance. Mr. Williams made the motion, (there was no second) and he read it as follows: Page 3 of 44 Action Item: Text & Map Amendment Motion: In consideration of testimony presented during a Public Hearing on September 13, 2023 and discussions conducted at that meeting, the Planning and Zoning Commission recommends approval to the City Council a request to adopt the proposed Unified Development Ordinance (UDO) and supplemental Zoning Map as prepared and presented by consultant, Houseal Lavigne, dated September 6, 2023 and summarized in a staff memorandum dated September 7, 2023 and further subject to the inclusion of Chapter 4, Use Standards, from a memo dated September 1st , the inclusion of Chapter 5 Development Standards from a memo dated September 1st and the addition of townhome parking requiring 2.25 units, the recommendation for Chapter 6 for the city to not regulate yard signs, the inclusion of Chapter 7 recommendation to remove the connectivity index, and for cluster developments to remain PUD's. Roll call: Hyett-yes, Goins-yes, Millen-yes, Vinyard-yes, Williams-yes, Horaz-yes. Passed 6-0. 2. PZC 2023-10 Text Amendment (full description above) Ms. Horaz asked if the city has considered high energy and water use in some of the industrial uses as in the case of the upcoming lettuce farm. All are outright permitted, said Ms. Noble, and these types of projects go through an engineering process. Staff has also started doing research. Recycling batteries is also a concern for Ms. Horaz. Mr. Williams suggested that the city engineer could review and not support a certain business. Mr. Matt Gilbert weighed in and said the market will determine if the power is not there. Fire protection concerns were mentioned by Mr. Vinyard. Action Item: Text Amendment A motion was made by Mr. Williams and seconded by Ms. Goins to approve PZC-2023- 10 Text Amendment. Mr. Williams read the motion as follows: Motion: In consideration of testimony presented during a Public Hearing on September 13, 2023 and discussions conducted at that meeting, the Planning and Zoning Commission recommends approval to the City Council a request for a text amendment to Chapter 6: Permitted and Special Uses in the Zoning Ordinance to identify ”data center”, “refrigerated warehouse (cold storage)”, and “battery uses” as permitted uses within the M-1 Limited Manufacturing and M-2 General Manufacturing districts and an amendment to Table 10.16.03 in Chapter 16: Off-Street Parking and Loading in the Zoning Ordinance related to the uses is proposed, as recommended in a staff memo dated July 26, 2023. Roll call: Goins-yes, Millen-yes, Vinyard-yes, Williams-yes, Horaz-yes, Hyett-(lost Zoom connection) 3.PZC 2023-14 {city petition number} Troy M. Williams and Ashley L. Rusch, are requesting approval of a Plat of Vacation to vacate the public easements between two (2) parcels (Lots 100 and 101) within the Whitetail Ridge subdivision. The Page 4 of 44 real property is located at 7557 and 7583 Clubhouse Drive in unincorporated Kendall County. Ms. Noble said the petitioner is consolidating 2 lots outside of the city limits and they want to vacate an interior easement to build one home. Drainage is not an issue and there are no utilities in the easement. Action Item: 1.5 Mile Review Commissioners Williams and Horaz moved and seconded, respectively, to approve PZC 2023-28 Whitetail Ridge. Mr. Williams read the motion as follows: Motion: In consideration of the proposed mile and half review of Kendall County Petition 23-28 {county number} for a plat of vacation to vacate the public easements between two (2) parcels (Lots 100 and 101) within the Whitetail Ridge subdivision commonly known as 7557 and 7583 Clubhouse Drive, the Planning and Zoning Commission recommends the City Council to not object to the request. Roll call: Millen-yes, Vinyard-yes, Williams-yes, Horaz-yes, Hyett-(lost Zoom connection), Goins-yes. Passed 5-0. Additional Business 1. City Council Action Updates a. PZC 2022-02 Turning Point Energy: no motion was made on the request for a solar farm. b. PZC 2022-03 Turning Point Energy: no motion was made on the request for the solar farm. c. PZC 2023-04 Trinity Church: variance was approved. Adjournment There was no further business and the meeting was adjourned at 9:17pm on a motion by Mr. Williams and second by Ms. Horaz. Voice vote approval. Respectfully submitted by Marlys Young, Minute Taker 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 1 UNITED CITY OF YORKVILLE YORKVILLE, ILLINOIS PLANNING AND ZONING COMMISSION PUBLIC HEARING 651 Prairie Pointe Drive Yorkville, Illinois Wednesday, September 13, 2023 7:00 p.m. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 2 PRESENT IN PERSON AND VIA ZOOM: Mr. Richard Vinyard, Acting Chairman, Ms. Deborah Horaz, Mr. Danny Williams, Mr. Greg Millen, Ms. Reagan Goins, Mr. Rusty Hyett. ALSO PRESENT: Ms. Krysti Barksdale-Noble, Community Development Director; Ms. Marlys Young, Minute Taker. - - - - - I N D E X WITNESS: PAGE MOLLY KREMPSKI 6 - - - - - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 3 (WHEREUPON, the following proceedings were had in public hearing:) CHAIRMAN VINYARD: Public hearings. So tonight there are two public hearings scheduled for tonight's Planning and Zoning Commission meeting. The purpose of these hearings is to invite testimony from members of the public regarding the proposed request that is being considered before this commission tonight. Public testimony from persons present who wish to speak may be for or against the request or to ask questions of the petitioner regarding the request being heard. Those persons wishing to testify are asked to speak clearly, one at a time, state your name and who you represent, if anyone. You are also asked to sign in at the podium. If you plan to speak during tonight's public hearing as a petitioner or as a member of the public, please stand now and raise your right hand and repeat after me. (The witness was thereupon duly sworn.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 4 CHAIRMAN VINYARD: So the following order for receiving testimony during the public hearing will be as follows: First we will do the petitioner presentation and then we will go on to those who wish to speak in favor of the request, followed by those who wish to speak in opposition to the request. May I have a motion to open the public hearing on Petition number PZC 2020-01, Yorkville Comprehensive Plan map -- MS. NOBLE: I'm sorry, it's PZC 2023. Sorry about that. CHAIRMAN VINYARD: May I have a motion to open the public hearing on Petition number PZC 2023-09, United Development Ordinance? MS. HORAZ: So moved. MR. WILLIAMS: Second. CHAIRMAN VINYARD: Roll call vote on the motion, please. MS. YOUNG: Yes. Hyett. Hyett. MS. NOBLE: Looks like our connection dropped. MS. YOUNG: Okay. Goins. MS. GOINS: Yes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 5 MS. YOUNG: Millen. MR. MILLEN: Yes. MS. YOUNG: Vinyard. CHAIRMAN VINYARD: Yes. MS. YOUNG: Williams. MR. WILLIAMS: Yes. MS. YOUNG: And Horaz. MS. HORAZ: Yes. MR. HYETT: Hyett, yes. MS. YOUNG: Thank you. CHAIRMAN VINYARD: So the public hearings for discussion tonight are as follows: PZC 2023-09, the United City of Yorkville, has filed an application for numerous amendments to the existing Yorkville City Code of Ordinances to adopt a new Unified Development Ordinance, including changes in the Zoning District Map pursuant to Section 11-13-14 of the Illinois Municipal Code and Section 10-4-10 of the Yorkville Zoning Ordinance. The proposed amendments relate to the existing Title 10, Zoning, Title 11, Subdivision Control, and the following chapters of Title 8, Building Regulations, Chapter 7, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 6 Stormwater and Flooding Regulations, Chapter 12, Landscape Ordinances, and Chapter 15, Appearance Code of the United City of Yorkville. The second one will be PZC 2023-10, United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a text amendment to Chapter 6, permitted and special uses in the Zoning Ordinance to identify a data center, refrigerated warehouse or cold storage and battery uses as permitted uses within the M-1 Limited Manufacturing and M-2 General Manufacturing Districts. This text amendment will provide definitions for the establishment and operation of such uses in these zoning districts. Additionally, an amendment to Table 10.16.03 in Chapter 16, off street parking and loading in the Zoning Ordinance related to the uses is proposed. That was a mouthful. All right. So open the public hearing. Krysti, if you could, please, present for us, 2023-09, United -- or Yorkville Unified Development Ordinance map and text amendment. MS. NOBLE: Okay. Good evening. There 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 7 is a presentation that's above you and in front of you that I will be going through. The UDO started in March of 2019. The city initiated this process to look at our various existing city ordinances and combine them into one cohesive, single reference, graphic dense document. The city ordinances range from the Zoning Ordinance, which was originally adopted in 1974 and last updated holistically in 2018. Our Subdivision Control Ordinances and Standards, which were adopted in 2004, our Landscaping Ordinance, 2009, and then the Appearance Code in 2005. So we combined all these documents into a user friendly we call it Unified Development Ordinance to address not only residents who are looking to do something to their home or their property and be able to find everything in one location, but for developers and staff as well. So in the packet there is a very robust memo that goes over each of the chapter reviews. The UDO actually had a committee of its own that met about 15 times over the last 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 8 four years to tweak the types of changes of growth management that the city was looking for and other chapters as far as processes, and tonight is a presentation of those discussions. I will let you know that the city did have an open house open to the public on August 31st to review the document, provide comments, and the UDO Advisory Committee itself held a meeting that night and proposed some additional changes to the document that are not included in tonight's presentation, but if conversations are started by the public that want to explore that information, a memo was provided in there of the changes that the committee had recommended on the 31st. So let's get started. So the UDO, it's nine chapters, and that includes a smart code, so we will start with Chapters 1 and 3. So Chapter 1 itself is just general provisions. It establishes -- there is a time lag. It establishes the effective date of the UDO document itself. If approved, we are looking at an effective date of January 1st, 2024. It just introduces the document, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 9 provides some context, the authority, identifies who the members are that are implementing the ordinance itself, and sets the stage for the document. Chapter 2 deals with definitions. Let's go back. We'll start with Chapter 3, District Standards. So Chapter 3 talks about the different districts and establishes the districts and the purposes of those districts, but before we get to those, we're going to jump back just a little bit to Chapter 2. Chapter 2 is definitions. Basically this is a complete list of the definitions that are referenced throughout the UDO. It talks about updated definitions, which provides clarity, and to the left you will see an image of what that smart code would look like, so if you are reviewing the code and you see a term that's underlined, you don't understand it, you put your mouse, hover over it, and it will give you what the actual definition is for that particular word so that you are not jumping back and forth between pages of the document, so it streamlines that process for the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 10 reader. There is some clarifications that were made. In our current ordinance we use the word structure and building kind of interchangeably, which is not necessarily so when you're looking at temporary structures or permanent buildings, so we make the clean break between what's a structure and what's a building. We specified out professional office uses versus personal care services. Right now the ordinance says a barber is a professional office. Well, we wanted to separate that out because the definition of professional office is anything -- any operation that requires you to be licensed, so we wanted to make sure that we were clear when we said office use that it was a doc -- not doctor, I'm sorry, an attorney or a lawyer versus, you know, nail technician. And then animal hospitals versus veterinarians is another example. We also addressed new concepts for development. There is enclosed auto sales now as opposed to just open lot auto sales. There are new changes in the car and automobile sales 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 11 industry where people are storing vehicles off-site, making appointments for people to look at the vehicles, instead of, you know, open sales lot where you drive by and see all the vehicles for sale, so we wanted to be able to accommodate those uses in some of the industrial districts, so an example would be a car lot type. Enclosed versus outdoor public storage facilities, the enclosed facilities are just the single building with the units inside the building. Those are more appropriate for a business district where you have -- versus the outdoor public storage facilities that you drive up to, which would be more appropriate in an industrial setting. And then we have new uses, which is data centers, vehicle charging stations and battery storage. Those are more of the advanced uses, energy uses, that are newer, that our code just didn't address, and we will talk about that more in the next public hearing. So Chapter 3 delves into, as we were mentioning earlier, the district standards, so it kind of establishes what are the districts. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 12 We went from a total of 15 districts down to 14 in the UDO. We kind of eliminated some under-used or unused districts to combined some districts together to streamline uses that are similar. We modernized the permitted and special use tables, we will get into that a little bit more, and we did some minor adjustments to permitted yard obstructions. One thing that came out of the discussion was porches, for instance. We were allowing them to encroach about three feet within a required yard, but if it's an open porch, the committee decided to allow five feet of encroachment where you don't have to get a variation and it will allow for homes that have short frontages to be able to take advantage of an open porch situation. So here is an example of a use table. They are now categorized, easier to understand, instead of just business, and then all the businesses alphabetically. Guess we are waiting for that one to catch up. That's all right. There you go, it caught up. What happens in this table is now 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 13 we're separating the uses, more sensible. So all your agricultural uses, all your residential uses, all your commercial service uses, so that if you weren't familiar with how the city set up its business district or its industrial district, if you know what your use is, it will be easier to find instead of searching through several tables in the existing document. So those are Chapters 1 through 3, kind of sets the stage. Now we go on to Chapters 4 through 5, which is kind of the meat of the UDO itself. The use standards. These establish the districts, as we just mentioned, the ag, from ag to alternative energy to institutional to even our accessory and temporary uses, and then Chapter 5 delves into how those uses look, the development standards for each of those uses in regards to off-street parking, landscaping, fencing and outdoor lighting standards, so we broke each of those categories down from residential to commercial to industrial, and if you look at the images here, it just talks about some of the uses that we are now regulating, and you can see there is the EV, electrical vehicle, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 14 charging stations. So let's start with residential. Give that time to catch up on the screen. There is a lag on the -- there we go, for the members that are viewing us remotely. So there is new residential standards. So we improved the residential standards, development standards, relating to multi-unit housing, so duplexes, townhomes, even apartments, where we're allowing more of the frontage to come up to the property line by allowing an alley. It would be a private alley, so that you are not faced with a lot of streamline of garages on the frontage. There is a concept called accessory dwelling units, the ADU's, and within that there is an accessory commercial unit, so the accessory dwelling unit, you see that image in the middle. The red areas indicate livable space that you can have on your lot, they can be attached above a garage or detached. The idea is that at a maximum of 900 square feet you can have livable space that's for a family member or someone that you're caring for or that may be caring for a loved one in your home, so that they would have 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 15 their own autonomous living space from the owner itself. This has been very popular. AARP has been recommending this as a stop gap to some housing shortages for those that are aging out of their home and are looking to stay close to family. Accessory commercial units, that's the image to the left in the middle, that is kind of like a she shed. If you had a small, you know, home occupation, right now we do allow home occupations, but they cannot be detached from the home, so you can't operate a home occupation out of your garage or out of a shed. Now we are recommending that as a special use; you can operate one of these detached commercial units on your property. The ADU itself right now is being proposed as an outright permitted use, but that can -- the recommendation that came out of the meeting with the committee on the 31st was maybe the detached unit would be a special use and the attached use can be permitted use. Off street parking, some of those regulations that were tweaked. There is a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 16 parking pad standard now. Right now if you were to add additional driveway space on the side of your garage, if you are within that required setback, whatever it is for your district, typically for R-2 District it's ten feet, you would not be able to have that parking pad. We are proposing to allow that parking pad to happen with some type of screening involved, it can be a fence, it can be landscape screening, and so open driveway area, and it can be as close as five feet to that side property line. So I have denied several permits for people trying to do that. This is just a way for us to address some of those concerns that we see coming through and try and make it more usable, the Zoning Ordinance, more usable for residents. And also there is regulation now for portable outdoor storage containers, those pods. They are a temporary use and we kind of establish where they can be located on the site and for how long. So for the commercial standards, a lot of emphasis was put in trying to regulate 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 17 those future uses that would be coming along, trying to get ahead of that. One, for instance, is outdoor driving ranges, that you would see the tower-type uses, we've added regulations for that, massage parlors, we have now recommended that they are special uses instead of outright permitted uses. We've talked about the indoor storage, personal storage facilities, so it will look like a building like that. Added more bicycle parking regulations, kind of encouraging that, and also giving a bonus if you do have that, a reduction of some of your parking requirements. Similar to that is the ride share and the pick-up service that a lot of businesses use now. So now we're regulating where those are located, kind of want them off to the side so they're not taking up so much of the closed parking for people that are actually entering the building, and also offering a reduction of the required parking minimum for that as well. Landscaping wise, the standards have been beefed up a lot to address incompatible uses or less intense uses next to a more intense use. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 18 Right now our landscape requirements are very basic about the transition space, it just kind of gives a size and a number per linear foot of landscape material that you have, but not really addressing if I'm a resident and I'm next to -- you know, I back up to maybe a commercial use, so we created transition zones, so you have Type A through D, and A would be something that you would have that are kind of compatible land uses, you don't need as much screening, but it would be nice to have some trees between you or another development; B gets a little bit more intense, all the way to D, for two incompatible land uses that would be adjacent to each other to make sure that that robust screening was there. We also introduced a concept called a fee in lieu, and we did it in two places. One, we did it to off-street parking. There are some situations where you cannot meet the minimum parking requirements for a site, and if it is justified, through the city council review process, a maximum of 20 percent of off-street parking can be substituted with a fee, so then that fee would be used and appropriated to other 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 19 off-street parking space maintenance throughout the city, so public spaces, public on-street parking, public lots. We also implemented that idea in the landscaping ordinance, so there is a fee in lieu for tree preservation. Say you develop a site, can't replace all the trees that you are going to remove on the site, well, now you can pay for that to the city and the city will use those funds, put it in a tree bank and plant trees throughout the -- CHAIRMAN VINYARD: (Inaudible). MS. NOBLE: Yeah, exactly. CHAIRMAN VINYARD: Nice. MS. NOBLE: Plant trees throughout the city. And the final use standards is the industrial development standards. So here is an idea that was brought to us, we have some users that want to do live/work space, so like loft space above a working area, so we've come up with a concept of an artisan manufacturing use. So this is in the manufacturing district, it will be a special use, so if an individual has a company that produces something or assembles something on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 20 a wholesale size, but also wants to live above the unit, this is an option for them. So there is an example of a bakery on the first floor and then lofts above, so you would have a maximum of one residential unit allowed. We do allow this in one of our commercial districts. We have a bakery downtown that's actually utilizing that as a special use, and so it can also be implemented in the industrial districts as well. We updated the alternative energy regulations; if you notice, we've got a lot of solar applications. We've passed two, we've got a couple coming through in the future, so we have adjusted that. A lot of the solar companies have to go through a variance process because of our standard for the clearance. We wanted to make that a less burdensome process, meet with the current standards, development standards, for the actual user. They want to be closer to the ground, so we adjusted the minimum clearance on that. We did more mechanical screening 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 21 requirements for on-ground and above-ground mechanical units for businesses and we modernized our outdoor lighting standards. So Chapters 6 and 7 delve into signs as well as our subdivision standards. So in the sign ordinance, we looked at the purpose of the standards, the measurements, permitted signs, temporary signs, and as well as maintenance standards. In our subdivision standards we looked at how we regulated lots, street designs, circulation within and connectivity within developments, particularly residential, and even commercial developments, and looked at new concepts like cluster developments and anti-monotony standards, kind of increased those, as well as looked at our park and land dedication. So delving into the signs, did a complete rewrite due to Reed versus Gilbert. That was a 2015 case that dealt with the regulation of content of signs. So the city cannot regulate signs based off content anymore, so the way that our current sign ordinance has -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 22 let's say that would be an off-street -- off-site sign, you can't determine that's an off-site sign because we'd have to look at the content to be able to determine that. We can't determine that's a garage sale sign because we'd have to look at the writing to determine it's a garage sale sign. So we did a content neutral sign regulation, and so there is categories, so ground mounted sign, wall sign, direct -- a yard sign. Those types of things have been implemented. So as far as the monument signs for commercial, we looked at expanding the material list for monument signs. We see on the right side of the screen we have current regulations. This is what our current regulations continue to get us. Our proposed regulations are looking at different types of signs, signs that would evoke different materials. If a higher quality material is being proposed, you'll get a larger sign, get a 48 square feet sign as opposed to the current 32 square foot sign. We allowed A frames and sandwich 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 23 board signs in the downtown. We have a lot of businesses that are east or west of 47 that don't get a lot of exposure. This is an opportunity for them to be able to use one sign that's within 750 feet of their entrance within the right-of-way during their hours of operation. Posting yard sign regulations have been proposed. Right now we're looking at posting signs for lots that face a major thoroughfare having a larger square footage area versus lots that do not, and then an unlimited amount of signs during and before a local, state or national election. There is new landscape requirements for ground signs. Right now we do not require any landscaping at the base of the sign; hence those are the signs that you see before you. So what we are proposing is that for every square foot of sign space you have to provide a half a square foot of landscaping, so it's proportionate, it's easy to regulate, and it will soften up some of the appearances of the businesses. The other signs that are regulated 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 24 based on their proportion to the wall and not just a set sign area, it's kind of difficult when you are set hundreds of feet off of a major thoroughfare and you only get 32 square feet and no one can read the sign. We increased the electronic message board signage area from 50 percent of the sign to 80 percent, and then we updated the graphics in the code itself so it's easier to read and understand. For the subdivision standards, some of the major areas that we looked at was the lot orientation. Again, people are looking at using energy solutions, like roof-mounted solar panels, so if we have an east-west kind of orientation of our lots, that would be beneficial to them. It's not a requirement, but it's recommended, just so developers start thinking about how they lay out their developments. Block lengths, right now we are still recommending our 1,350 linear feet for a block, but we are encouraging shorter blocks, and what we are proposing is a connectivity standard where for every street that you lay out, you 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 25 should have two points of connectivity, so a one-to-two ratio. Most of our subdivisions have that, or greater, they may have one-to-three, but it's just a way to kind of break up the streetscape and allow for better connectivity of neighborhoods. Street design elements were included, a complete street design, so there is various -- these are just a few standards for street elements, so you'd have on-street parking, you'd have a sidewalk, you'd have a multi-use trail, a parkway, depending on the width of the street, if it's a utility, if it's a neighborhood street or if it's a larger thoroughfare, these are some of the elements that would be required in a street. The only element that's not going to be required is on-street bike path. That could be left up to the city engineer if he would recommend that on any of the public streets. Cluster development, you will see that in the upper left corner. This would be similar to a PUD process. It will be a special 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 26 use, but what it's doing is utilizing the lay of the lot better than just one unit per acre spread out, typical suburban style development. You would take the same, in this example, 32-acre lot and on the urban -- the conventional sprawl you would have one unit, one dwelling unit per acre, and as a current conservation, you would be saving some of these environmental elements, excuse me, that are on the site and then confining the development to eight acres, so you would essentially still have 32 homes on 32 acres, but they would be clustered. Finally, we talked about anti-monotony regulations. In the upper right corner you will see the highlighted lots are the ones that would typically have similar features where they would be seen as the same. Excuse me. CHAIRMAN VINYARD: We'll give her a break for a second. MS. NOBLE: Thank you. Chapters 8 and 9 are pretty simple. They are the UDO review process and then the non-performance standards of structures. Would you want to take over? Thank 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 27 you. MS. BERG: Thank you. So for the -- Pardon me. I am Jackie Berg. I am the consultant that helped the city with this process. So Chapter 8 is the UDO review and approval process. This essentially has all of the administrative procedures and approval done here in the community, so the changes here were all meant to simplify the language, really clarify the process, so it's really easy and simple for someone to walk through any type of permit that they need or development approval. Those steps are very clear, very transparent. Then for Chapter 9, non-conforming buildings, structures and uses, really not a lot of major change to this section at all, carrying forward the existing regulations that this chapter deals with, either a building, a structure or a use that was legally established, but is no longer allowed in the code today, and just steps out the standards for how those things can be maintained and need to be located moving forward. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 28 MS. NOBLE: One feature in Chapter 8 that's new is that we have codified a lot of the processes that we go through with development. This was not always forward facing to the public, the developer found out when they submitted an application, so now we've codified and kind of showed the process, so you come in and you ask for a development, you'll know right away the number of meetings, you'll actually know the timing of the meetings and how the process works, and also there is a recommendation for a community meeting that staff can recommend to the developer if a project we feel is going to be a little bit much for the neighboring residents to absorb. It will give them a lot of time to review the plans with the developer before they are hit with a public hearing notice saying show up to city council on Wednesday night to talk about this project. Then the final component of the UDO is a smart code. Our codes are static, they are books right now, not very user friendly for the public, so we created a web forum where you can 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 29 actually go, look at certain sections of the code that you are interested in, those are called the quick reference or the quick tables, you can look up maps, and there is also calculators involved where you can calculate, if you wanted to do a sign, what is the maximum size of the sign based off of my zoning, the frontage of the building, and that way you can have that information and not necessarily have to, you know, put a permit in hoping that you understood the code the best you could and wait and see if it would be approved. The city has partnered in with Encode Plus, and Encode Plus is a company that actually partners with our code provider, so if you go online and look at city code, you'll see that we have it and it's static, you can click on it, but the company that provides the muni code also partners with our smart code company, Encode Plus, and so this is a video that will just show you how those two integrate and what you would see. That's fine. It's just a video that shows how the actual code integrates, how it's 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 30 transportable, you can view it from anywhere and it's easier to use than the static presentation. You can just look at the content. So it's internet-based. It's used by a lot of planners and zoning administrators and even attorneys. It uses some cutting edge technology. You can see, there is an example right there, which shows what the code looked like. You can even sign up for notifications, so if the code is amended, you will be notified, if there is any particular section you are looking for. It's password protected, so no one can just go in and change the code. A lot of communities use it and they brand it themselves. It's accessible anywhere, as I mentioned, and as the city is moving to paperless, this is a great option for us and we can update the code online as well. So that is the gist of the presentation, and if anyone has any questions, want to dive into the memo a little bit more, we are here to answer those questions. CHAIRMAN VINYARD: Is there anyone present who wishes to speak in favor of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 31 request? (No response.) CHAIRMAN VINYARD: All right. Is there anyone present who wishes to speak in opposition of the request? Go ahead. Just state your name for us. MOLLY KREMPSKI, having been first duly sworn, testified from the podium as follows: MS. KREMPSKI: My name is Molly Krempski and I represent the People. I would just like to make a few comments about the newly proposed yard sign regulations within the UDO plan. Each of you have a lawful notice in front of you that lists all the evidence for what I am about to say. Those were delivered to the council via certified mail on August 22nd. Tonight I specifically discussing restrictions for yard signs on private property, all of which actually fall outside the authority granted to city council. The key words are private and public. It's true that our aldermen have been granted some authority to regulate public property; however, there are no provisions 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 32 within our constitutions that grant them the authority to regulate private property rights, so if they want to write codes for signs on public property, they certainly have been granted the authority to do so, but going beyond the authority which they have been given is an unreasonable and/or arbitrary use of power, which is literally the definition of tyranny. As much as we may be periodically annoyed by our neighbor's collection of yard signs, we cannot use it as an opportunity to strip liberty and private rights from fellow Americans. Remember, unconstitutional regulations that serve us today will be the same regulations that will be used to oppress us in the future. The men who founded America knew what it was like to live under an oppressive monarch. As a result, they intentionally formed America as a constitutional republic where power originates from and remains with the people. Their only higher authority was Jesus. The truth was memorialized by the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 33 popular Revolutionary War response, we have no king but Jesus, when George or King George tried to force mandates on colonists. These men understood their God given authority to live as people. A few weeks ago at the UDO committee meeting, Jackie, the consultant, explained that because murals are art, which actually translates to them being expression, which is protected by our constitution, murals cannot be regulated. In addition to the right of expression, the people also have a right to the security of their own private property, which per our Constitutions is also not subject to regulation like some public property. Within America's constitutional republic, public servants are selected by the people who uphold the constitutions of the land. Our aldermen took an oath to uphold these constitutions before taking their seats. Elected representatives are servants of the people, granted the power to pass only those laws necessary for carrying out the limited powers specifically granted to them by the constitutions of the land while respecting the rights of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 34 people. I'm going to read that again because it's the premise of this whole thing. Elected representatives are servants of the people, granted the power to pass only those laws necessary for carrying out the limited powers specifically granted to them by the constitutions of the land while upholding the rights of the people. Furthermore, the rights of the people listed in the constitution are not the end of the rights of the people; those are simply the enumerated ones. Article 1, Section 24 of the Illinois Constitution clearly states that, quote, the enumeration in this constitution of certain rights shall not be construed to deny or disparage others retained by the individual citizens, end quote. What does this mean? It means that the people have reserved and retained any and all power that has not been specifically granted to the government. America was established to operate 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 35 within a limited form of government that must function within the narrow boundaries established by the people. If a specific power is not given to the government by the people, then the government doesn't have that power. While Article 7, Section 7 of the Illinois Constitution does grant city legislatures the power to do six specific things, they must figure out how to do those six things without trespassing any of the rights of the people, whether the enumerated rights of Article 1, the Bill of Rights of the Illinois Constitution, or any other rights retained by the people as discussed in Article 1, Section 24. We have an obligation to oversee our public servants, which by your presence at this commission I can see you are taking seriously and I thank you for the giving of your time. We also have a duty to actively assert our rights when public officials overstep their granted power. We must know these documents and the rights enumerated within them in order to responsibly steward the power that remains with the people, and we saw this with 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 36 COVID, unconstitutional mandates and shutdowns. We need to start speaking out. It's a lot easier to prevent an unconstitutional sign ordinance from being passed than to reverse one once enacted. It's really not hard to read and apply our founding documents. Our constitutions were written by the people, just regular people, to be executed by regular people for the benefit of regular people. So my point as it applies to this specific hearing is that the city has not been granted the power to regulate the people's expression or private property by controlling the size or position of our yard signs, similar to the way that the government has not been given the power to limit the number of pages in a book, interfere with the distribution of campaign materials or regulate the disbursement of informational pamphlets. Article 1, Section 4 and 6 of the Illinois Constitution reserves to the people the right to, quote, speak, write and publish freely, and the right to, quote, be secure in their 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 37 persons, houses, papers and other possessions. The power to regulate these rights has not been granted to the city and I am here tonight to ask you to join me in referring to the fundamental principles of our constitutions and our republic form of government for liberty and freedom for all Americans. Thank you. CHAIRMAN VINYARD: Anyone else like to speak in opposition? (No response.) CHAIRMAN VINYARD: Seeing as there are none, are there any questions from the commissioners for the petitioner, which would be Krysti? MR. WILLIAMS: I have one just for clarification. I was just asking for -- MS. NOBLE: I think that mic is off. The one that's green is on. MR. WILLIAMS: Mine was just a question for clarification. I saw that the definition for family home was being changed to dwelling unit. We're not broadening the definition, correct, that was just a vocabulary change? MS. NOBLE: Correct. Correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 38 MR. WILLIAMS: Okay. Thank you. MS. NOBLE: And the recommendation at the UDO committee at the August 31st meeting was to leave it as family, it's just we would have to come up with a different definition for family. CHAIRMAN VINYARD: I'm glad you brought that up. The UDO recommendations, was there anything else they recommended from that? MS. NOBLE: Sure. So if you look at the packet, there were a couple of things. So the connectivity part they recommended not to have in the UDO. CHAIRMAN VINYARD: Okay. MS. NOBLE: There also was a recommendation in regards to lot size, and we have a member from the UDO committee, if they want to expand upon that a little bit. There is Deb, was also on the committee, and our chairperson, Alderman Funkhouser. CHAIRMAN VINYARD: Is this an appropriate time to have him do it or -- MS. NOBLE: Yeah, if you want. If you want to present some of the -- CHAIRMAN VINYARD: Alderman Funkhouser, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 39 do you want to expound on that or -- ALDERMAN FUNKHOUSER: I will briefly. CHAIRMAN VINYARD: All right. Thanks. ALDERMAN FUNKHOUSER: Chris Funkhouser, Alderman, 3rd Ward, chairman of the UDO. Deb Horaz was on the committee with me, and we had also three others; however, one of them had stepped down from the position. So Krysti mentioned at the UDO committee on the 31st there were several recommendations of the committee that were to put back the recommendations that had been previously taken out, so when looking at what was presented tonight, that was based on a prior set of recommendations. At the subsequent final meeting of the UDO, the recommendation was keep the recommendations, so those replies are in regard to the lot sizes, accessory dwelling units, if I recall it was also the connectivity was mentioned, and there were a couple more items within that memo that Krysti mentioned was attached. So with those recommendations, it is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 40 such -- those were just the recommendations of the committee after further review, after having gone through the Economic Development Committee, that was also mentioned to them, that those recommendations were made and put back in there. So a lot of work has gone into this thing. There is some very good recommendations. Obviously Deb can attest to the amount of time that was put into this and the complexity of it, so for your very brief, but concise memo from Krysti and the presentation, it's very good, there is just an awful lot in here that's being changed, so if you have questions, obviously staff is fantastic, we have two -- our consultant and Krysti, Deb was on here, she can articulate a lot that was going on because we did go back and forth on this quite a lot. We had several, three, three and a half hour meetings, so -- But just read through that memo just to understand the parts that were not in the presentation tonight that are part of the recommendation from the UDO that as this is updated will be put back into the recommendation that moves to the city council, also 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 41 incorporating your recommendations tonight, assuming you make any recommendations, too. Thank you. CHAIRMAN VINYARD: Is that it? ALDERMAN FUNKHOUSER: Yep. CHAIRMAN VINYARD: Thanks. So we are voting on this here? We are making a recommendation? MS. NOBLE: However you decide. We need to go to the second public hearing right quick and then we can close it and start the deliberations. CHAIRMAN VINYARD: Okay. Krysti, please present PZC 2023-10, text amendment, please. MS. NOBLE: Sure. So these are energy industrial uses. Actually this request is bundled into the proposed UDO, but the city decided to separate these out just in case the UDO takes a little bit longer for approval, but, in general, we've also noticed a trend in industrial users seeking expansive tracts of land near rail, some on your intense road transportation, and they are looking to construct hyper energy related buildings, and some of these 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 42 buildings include data centers, refrigerated warehouses, which would be cold storage, and battery uses, such as electric vehicle battery manufacturing, charging and storage. So we have a petitioner who is looking -- who has purchased land on Lincoln Prairie property and they have an interested party that's looking to do some of these land uses, so they wanted us to be a little bit ahead before those uses come to the city asking for approval so that we can have some basis of approval for them. So staff is proposing to amend the text of the Zoning Ordinance to define these uses -- and I'll go a little bit into the definition of them -- as permitted uses in the M-1 and M-2 manufacturing districts, and then we additionally are amending the table that regulates the minimum number of off-street parking spaces needed for these types of uses based off of how the industry standard is or number of employees, individuals that go to these sites. So data centers, if you aren't 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 43 familiar, are mega sized structures and they house network computer systems, servers for data storage, process and distribution. Just the way that I am coming to you through Zoom, somebody has to process that data. Refrigerated warehouses or cold storage, these are commonly seen in manufacturing districts, but they are primarily for storing highly perishable items for short periods of time, so anything from food, candles, film, art, plants, cosmetics, anything that you probably order off of Amazon or food service prepared would have to have one of these locations nearby that they would ship to and then ship out. And battery storage uses, these are, as I mentioned, the batteries that you would typically find, lithium ion, which would be your cell phones or your laptops, computer and medical equipment or electric vehicles. They are becoming constantly increasingly common and so it would just make sense that we would have a land use for it and so that we could regulate it. So data centers are proposed to be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 44 defined as a facility comprised of networking computers, storage systems and computing infrastructure which organizes -- which organizations rather use to assemble, process, store and disseminate data. This includes crypto currency centers, which use network computers, storage systems, and computing infrastructure to manage the flow of digital or virtual currencies are also included. For refrigerated warehouse or cold storage, the definition would be a facility which is artificially or mechanically cooled in order to maintain the integrity and quality of perishable goods, and battery storage uses would be a use that enables battery manufacturing, charging, recycling, warehousing, storage and related uses. This may also include derived -- uses that derive energy from renewable sources such as wind and solar power to be collected, stored and then released for later use to an electric grid, power plant or private user. Finally, staff is looking to amend 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 45 the minimum parking requirements to be 20 spaces for battery storage uses and data centers over 70,000 square feet in building area, just based upon the uniqueness of the operational features and that these uses typically do not generate highly staffed employee count on site, and then the refrigerated storage will meet the minimum parking standards for general industrial uses. Staff did reach out to Bristol Kendall Fire District just to see what their input would be for these types of uses. BKFD did recommend to us that we adopt the 2023 NFPA, which is the National Fire Protection Agency, 855 code, and staff is in the process -- we ordered a few copies, we are in the process of adopting that if we move forward with this text amendment, and it just regulates these types of particularly battery storage uses, stationary and mobile uses. So if there is any questions for staff, and I believe the representative from Green Door, who purchased the property on Lincoln Prairie is available on Zoom if there are any questions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 46 CHAIRMAN VINYARD: Is there anyone present who wishes to speak in favor of the request? (No response.) CHAIRMAN VINYARD: Okay. Is there anyone present who wishes to speak in opposition of this request? (No response.) CHAIRMAN VINYARD: Seeing as there are none, are there any questions from the commissioners for the petitioner? (No response.) CHAIRMAN VINYARD: Nobody. Okay. All right. So we will be concluding the public hearings. Since all public testimony regarding the petition has been taken, may I have a motion to close the taking of testimony in this public hearing? MR. WILLIAMS: So moved. MS. GOINS: Second. CHAIRMAN VINYARD: Roll call vote on the motion, please. MS. YOUNG: Yes. Horaz. MS. HORAZ: Yes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 47 MS. YOUNG: Hyett. Hyett. MR. HYETT: Yes. Yes. MS. YOUNG: Thank you. Goins. MS. GOINS: Yes. MS. YOUNG: Millen. MR. MILLEN: Yes. MS. YOUNG: Vinyard. CHAIRMAN VINYARD: Yes. MS. YOUNG: And Williams. MR. WILLIAMS: Yes. CHAIRMAN VINYARD: All right. The public hearing portion of tonight's meeting is closed. (Which were all the proceedings had in the public hearing portion of the meeting.) ---o0o--- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 13, 2023 48 STATE OF ILLINOIS ) ) SS: COUNTY OF LASALLE ) I, CHRISTINE M. VITOSH, a Certified Shorthand Reporter of the State of Illinois, do hereby certify: That previous to the commencement of any testimony heard, the witnesses were duly sworn to testify the whole truth concerning the matters herein; That the foregoing public hearing transcript, Pages 1 through 49, was reported stenographically by me by means of machine shorthand, was simultaneously reduced to typewriting via computer-aided transcription under my personal direction, and constitutes a true record of the testimony given and the proceedings had; That the said public hearing was taken before me at the time and place specified; That I am not a relative or employee or attorney or counsel, nor a relative or employee of such attorney or counsel for any of the parties hereto, nor interested directly or indirectly in the outcome of this action. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC -Public Hearings -September 13,2023 49 I further certify that my certificate attached hereto applies to the original transcript and copies thereof, signed and certified under my hand only. I assume no responsibility for the accuracy of any reproduced copies not made under my control or direction. IN WITNESS WHEREOF, I do hereunto set my hand at Leland, Illinois, this 26th day of September, 2023. __________________________________ CHRISTINE M. VITOSH, C.S.R. 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45:3 750 [1] - 23:5 7:00 [1] - 1:22 8 8 [4] - 5:24, 26:21, 27:6, 28:1 80 [1] - 24:8 855 [1] - 45:13 9 9 [2] - 26:21, 27:15 900 [1] - 14:21 A AARP [1] - 15:3 able [6] - 7:18, 11:5, 12:16, 16:6, 22:4, 23:4 above-ground [1] - 21:1 absorb [1] - 28:15 accessible [1] - 30:15 accessory [6] - 13:15, 14:14, 14:16, 15:7, 39:19 accommodate [1] - 11:5 accuracy [1] - 49:5 acre [2] - 26:2, 26:7 acres [2] - 26:11, 26:12 Acting [1] - 2:2 action [1] - 48:24 actively [1] - 35:19 actual [3] - 9:21, 20:21, 29:24 add [1] - 16:2 added [2] - 17:4, 17:10 addition [1] - 33:10 additional [2] - 8:10, 16:2 additionally [2] - 6:16, 42:18 address [4] - 7:16, 11:20, 16:15, 17:23 addressed [1] - 10:21 addressing [1] - 18:5 adjacent [1] - 18:14 adjusted [2] - 20:15, 20:22 adjustments [1] - 12:7 administrative [1] - 27:8 administrators [1] - 30:5 adopt [2] - 5:16, 45:12 adopted [2] - 7:8, 7:11 adopting [1] - 45:15 ADU [1] - 15:17 ADU's [1] - 14:15 advanced [1] - 11:18 advantage [1] - 12:16 Advisory [1] - 8:8 ag [2] - 13:13 Agency [1] - 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31:10 Krysti [8] - 2:10, 6:20, 37:14, 39:9, 39:22, 40:11, 40:15, 41:13 L lag [2] - 8:20, 14:3 land [10] - 18:9, 18:13, 21:17, 33:17, 33:24, 34:8, 41:21, 42:6, 42:8, 43:22 landscape [4] - 16:9, 18:1, 18:4, 23:14 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com 4 Landscape [1] - 6:2 landscaping [5] - 13:18, 17:22, 19:5, 23:16, 23:20 Landscaping [1] - 7:11 language [1] - 27:10 laptops [1] - 43:18 larger [3] - 22:21, 23:10, 25:15 LASALLE [1] - 48:2 last [2] - 7:9, 7:24 lawful [1] - 31:14 laws [2] - 33:21, 34:5 lawyer [1] - 10:18 lay [3] - 24:18, 24:24, 26:1 leave [1] - 38:4 left [4] - 9:16, 15:8, 25:20, 25:23 legally [1] - 27:20 legislatures [1] - 35:8 Leland [1] - 49:8 lengths [1] - 24:20 less [2] - 17:24, 20:19 liberty [2] - 32:12, 37:6 licensed [1] - 10:15 lieu [2] - 18:17, 19:5 lighting [2] - 13:19, 21:3 limit [1] - 36:17 limited [3] - 33:22, 34:6, 35:1 Limited [1] - 6:11 Lincoln [2] - 42:6, 45:22 line [2] - 14:10, 16:12 linear [2] - 18:3, 24:21 list [2] - 9:13, 22:14 listed [1] - 34:11 lists [1] - 31:15 literally [1] - 32:8 lithium [1] - 43:17 livable [2] - 14:18, 14:21 live [3] - 20:1, 32:19, 33:4 live/work [1] - 19:19 living [1] - 15:1 loading [1] - 6:17 local [1] - 23:12 located [3] - 16:21, 17:17, 27:23 location [1] - 7:19 locations [1] - 43:13 loft [1] - 19:19 lofts [1] - 20:4 look [13] - 7:4, 9:17, 11:2, 13:16, 13:22, 17:10, 22:3, 22:6, 29:1, 29:3, 29:16, 30:3, 38:9 looked [7] - 21:6, 21:11, 21:14, 21:17, 22:13, 24:12, 30:8 looking [14] - 7:17, 8:2, 8:22, 10:6, 15:5, 22:18, 23:8, 24:13, 30:11, 39:13, 41:23, 42:6, 42:8, 44:24 Looks [1] - 4:21 loved [1] - 14:24 M M-1 [2] - 6:10, 42:17 M-2 [2] - 6:11, 42:17 machine [1] - 48:12 mail [1] - 31:17 maintain [1] - 44:14 maintained [1] - 27:23 maintenance [2] - 19:1, 21:8 major [4] - 23:9, 24:3, 24:12, 27:17 manage [1] - 44:8 management [1] - 8:2 mandates [2] - 33:3, 36:1 Manufacturing [2] - 6:11, 6:12 manufacturing [6] - 19:21, 19:22, 42:4, 42:17, 43:7, 44:16 map [2] - 4:10, 6:22 Map [1] - 5:17 maps [1] - 29:4 March [1] - 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31:10 MOLLY [2] - 2:20, 31:7 monarch [1] - 32:20 monotony [2] - 21:16, 26:15 monument [2] - 22:12, 22:14 most [1] - 25:3 motion [5] - 4:8, 4:13, 4:19, 46:16, 46:22 mounted [2] - 22:10, 24:14 mouse [1] - 9:20 mouthful [1] - 6:19 move [1] - 45:16 moved [2] - 4:16, 46:19 moves [1] - 40:24 moving [2] - 27:23, 30:16 MR [11] - 4:17, 5:2, 5:6, 5:9, 37:15, 37:19, 38:1, 46:19, 47:2, 47:6, 47:10 MS [36] - 4:11, 4:16, 4:20, 4:21, 4:23, 4:24, 5:1, 5:3, 5:5, 5:7, 5:8, 5:10, 6:24, 19:13, 19:15, 26:21, 27:2, 28:1, 31:10, 37:17, 37:24, 38:2, 38:9, 38:14, 38:22, 41:9, 41:15, 46:20, 46:23, 46:24, 47:1, 47:3, 47:4, 47:5, 47:7, 47:9 multi [2] - 14:8, 25:12 multi-unit [1] - 14:8 multi-use [1] - 25:12 muni [1] - 29:18 Municipal [1] - 5:19 murals [2] - 33:7, 33:9 must [3] - 35:1, 35:9, 35:21 N nail [1] - 10:18 name [3] - 3:17, 31:5, 31:10 narrow [1] - 35:2 national [1] - 23:13 National [1] - 45:13 near [1] - 41:22 nearby [1] - 43:13 necessarily [2] - 10:5, 29:9 necessary [2] - 33:22, 34:6 need [5] - 18:10, 27:13, 27:23, 36:2, 41:9 needed [1] - 42:20 neighbor's [1] - 32:10 neighborhood [1] - 25:14 neighborhoods [1] - 25:7 neighboring [1] - 28:14 network [2] - 43:2, 44:7 networking [1] - 44:1 neutral [1] - 22:8 new [8] - 5:16, 10:21, 10:24, 11:16, 14:5, 21:14, 23:14, 28:2 newer [1] - 11:19 newly [1] - 31:12 next [3] - 11:21, 17:24, 18:5 NFPA [1] - 45:12 nice [1] - 18:11 Nice [1] - 19:14 night [2] - 8:9, 28:19 nine [1] - 8:16 Noble [1] - 2:10 NOBLE [15] - 4:11, 4:21, 6:24, 19:13, 19:15, 26:21, 28:1, 37:17, 37:24, 38:2, 38:9, 38:14, 38:22, 41:9, 41:15 nobody [1] - 46:13 non [2] - 26:23, 27:15 non-conforming [1] - 27:15 non-performance [1] - 26:23 none [2] - 37:12, 46:10 notice [3] - 20:12, 28:18, 31:14 noticed [1] - 41:20 notifications [1] - 30:9 notified [1] - 30:10 number [7] - 4:9, 4:14, 18:3, 28:9, 36:17, 42:19, 42:22 numerous [1] - 5:14 O oath [1] - 33:18 obligation [1] - 35:15 obstructions [1] - 12:8 obviously [2] - 40:8, 40:13 occupation [2] - 15:10, 15:12 occupations [1] - 15:11 OF [3] - 1:6, 48:1, 48:2 off-site [3] - 11:2, 22:1, 22:2 off-street [6] - 13:18, 18:18, 18:22, 19:1, 22:1, 42:19 offering [1] - 17:20 office [4] - 10:9, 10:12, 10:13, 10:16 officials [1] - 35:20 on-ground [1] - 21:1 on-street [3] - 19:2, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com 5 25:11, 25:19 once [1] - 36:5 one [26] - 3:16, 6:4, 7:5, 7:19, 12:9, 12:22, 14:24, 15:15, 17:2, 18:17, 20:5, 20:6, 23:4, 24:5, 25:2, 25:4, 26:2, 26:6, 28:1, 30:12, 36:4, 37:15, 37:18, 39:7, 43:13 one-to-three [1] - 25:4 one-to-two [1] - 25:2 ones [2] - 26:17, 34:13 online [2] - 29:16, 30:17 open [10] - 4:8, 4:14, 6:20, 8:6, 10:23, 11:3, 12:12, 12:17, 16:10 operate [3] - 15:12, 15:15, 34:24 operation [3] - 6:14, 10:14, 23:6 operational [1] - 45:4 opportunity [2] - 23:3, 32:11 opposed [2] - 10:23, 22:22 opposition [4] - 4:6, 31:4, 37:9, 46:6 oppress [1] - 32:16 oppressive [1] - 32:19 option [2] - 20:2, 30:17 order [4] - 4:2, 35:23, 43:12, 44:13 ordered [1] - 45:14 ordinance [7] - 9:3, 10:3, 10:11, 19:5, 21:6, 21:24, 36:4 Ordinance [11] - 4:15, 5:16, 5:20, 6:8, 6:18, 6:22, 7:8, 7:12, 7:16, 16:17, 42:14 ordinances [2] - 7:5, 7:7 Ordinances [3] - 5:15, 6:2, 7:10 organizations [1] - 44:4 organizes [1] - 44:3 orientation [2] - 24:13, 24:15 original [1] - 49:2 originally [1] - 7:8 originates [1] - 32:22 outcome [1] - 48:24 outdoor [6] - 11:8, 11:13, 13:19, 16:19, 17:3, 21:3 outright [2] - 15:18, 17:6 outside [1] - 31:20 oversee [1] - 35:15 overstep [1] - 35:20 own [3] - 7:24, 15:1, 33:12 owner [1] - 15:1 P p.m [1] - 1:22 packet [2] - 7:21, 38:10 pad [3] - 16:1, 16:6, 16:8 PAGE [1] - 2:19 Pages [1] - 48:11 pages [2] - 9:23, 36:17 pamphlets [1] - 36:20 panels [1] - 24:14 paperless [1] - 30:16 papers [1] - 37:1 Pardon [1] - 27:3 park [1] - 21:17 parking [19] - 6:17, 13:18, 15:23, 16:1, 16:6, 16:8, 17:11, 17:13, 17:19, 17:21, 18:18, 18:20, 18:23, 19:1, 19:3, 25:11, 42:20, 45:1, 45:8 parkway [1] - 25:13 parlors [1] - 17:5 part [2] - 38:11, 40:21 particular [2] - 9:22, 30:11 particularly [2] - 21:13, 45:18 parties [1] - 48:23 partnered [1] - 29:13 partners [2] - 29:15, 29:19 parts [1] - 40:20 party [1] - 42:8 pass [2] - 33:21, 34:5 passed [2] - 20:13, 36:4 password [1] - 30:12 path [1] - 25:19 pay [1] - 19:8 People [1] - 31:11 people [26] - 11:1, 11:2, 16:14, 17:19, 24:13, 32:22, 33:5, 33:11, 33:17, 33:20, 34:1, 34:4, 34:9, 34:11, 34:12, 34:21, 35:3, 35:4, 35:11, 35:14, 35:24, 36:8, 36:9, 36:10, 36:22 people's [1] - 36:13 per [4] - 18:3, 26:2, 26:7, 33:12 percent [3] - 18:22, 24:7, 24:8 performance [1] - 26:23 periodically [1] - 32:9 periods [1] - 43:9 perishable [2] - 43:9, 44:15 permanent [1] - 10:7 permit [2] - 27:13, 29:9 permits [1] - 16:13 permitted [9] - 6:7, 6:10, 12:5, 12:8, 15:18, 15:22, 17:7, 21:7, 42:16 PERSON [1] - 2:1 personal [3] - 10:10, 17:9, 48:15 persons [3] - 3:11, 3:15, 37:1 petition [1] - 46:16 Petition [2] - 4:9, 4:14 petitioner [7] - 3:13, 3:20, 4:4, 6:6, 37:13, 42:5, 46:11 phones [1] - 43:18 pick [1] - 17:15 pick-up [1] - 17:15 place [1] - 48:19 places [1] - 18:17 plan [2] - 3:19, 31:13 Plan [1] - 4:10 planners [1] - 30:5 Planning [1] - 3:6 PLANNING [1] - 1:10 plans [1] - 28:17 plant [3] - 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3:2, 47:14, 48:17 process [17] - 7:4, 9:24, 18:22, 20:17, 20:19, 25:24, 26:23, 27:5, 27:7, 27:11, 28:7, 28:10, 43:3, 43:5, 44:4, 45:14, 45:15 processes [2] - 8:3, 28:3 produces [1] - 19:24 professional [3] - 10:9, 10:11, 10:13 project [2] - 28:13, 28:20 property [13] - 7:18, 14:10, 15:16, 16:11, 31:19, 31:24, 32:2, 32:4, 33:12, 33:14, 36:14, 42:7, 45:22 proportion [1] - 24:1 proportionate [1] - 23:21 proposed [11] - 3:9, 5:21, 6:18, 8:9, 15:18, 22:18, 22:21, 23:8, 31:12, 41:17, 43:24 proposing [5] - 6:6, 16:7, 23:18, 24:23, 42:13 protected [2] - 30:12, 33:8 Protection [1] - 45:13 provide [3] - 6:13, 8:7, 23:19 provided [1] - 8:13 provider [1] - 29:15 provides [3] - 9:1, 9:16, 29:18 provisions [2] - 8:19, 31:24 PUBLIC [1] - 1:11 public [39] - 3:2, 3:4, 3:5, 3:8, 3:11, 3:20, 3:21, 4:2, 4:9, 4:14, 5:11, 6:20, 8:6, 8:12, 11:8, 11:13, 11:21, 19:2, 19:3, 25:21, 28:4, 28:18, 28:24, 31:22, 31:24, 32:3, 33:14, 33:16, 35:16, 35:20, 41:10, 46:14, 46:15, 46:17, 47:12, 47:15, 48:10, 48:18 publish [1] - 36:23 PUD [1] - 25:24 purchased [2] - 42:6, 45:22 purpose [2] - 3:7, 21:6 purposes [1] - 9:9 pursuant [1] - 5:18 put [8] - 9:20, 16:24, 19:10, 29:9, 39:11, 40:5, 40:9, 40:23 PZC [6] - 4:9, 4:11, 4:14, 5:13, 6:4, 41:14 Q quality [2] - 22:20, 44:14 questions [8] - 3:13, 30:20, 30:22, 37:12, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com 6 40:13, 45:20, 45:24, 46:10 quick [3] - 29:3, 41:10 quite [1] - 40:17 quote [4] - 34:15, 34:19, 36:23, 36:24 R R-2 [1] - 16:5 rail [1] - 41:22 raise [1] - 3:21 range [1] - 7:7 ranges [1] - 17:3 rather [1] - 44:4 ratio [1] - 25:2 reach [1] - 45:9 read [5] - 24:5, 24:9, 34:2, 36:6, 40:19 reader [1] - 10:1 Reagan [1] - 2:6 really [5] - 18:4, 27:10, 27:11, 27:16, 36:6 receiving [1] - 4:2 recommend [3] - 25:21, 28:12, 45:12 recommendation [8] - 15:19, 28:11, 38:2, 38:15, 39:17, 40:22, 40:23, 41:8 recommendations [11] - 38:7, 39:11, 39:12, 39:15, 39:18, 39:24, 40:1, 40:5, 40:7, 41:1, 41:2 recommended [5] - 8:15, 17:5, 24:17, 38:8, 38:11 recommending [3] - 15:3, 15:14, 24:21 record [1] - 48:16 recycling [1] - 44:17 red [1] - 14:18 reduced [1] - 48:13 reduction [2] - 17:13, 17:20 Reed [1] - 21:20 reference [2] - 7:6, 29:3 referenced [1] - 9:14 referring [1] - 37:4 refrigerated [5] - 6:9, 42:1, 43:6, 44:11, 45:7 regard [1] - 39:18 regarding [3] - 3:9, 3:14, 46:15 regards [2] - 13:18, 38:15 regular [3] - 36:8, 36:9, 36:10 regulate [9] - 16:24, 21:23, 23:21, 31:23, 32:2, 36:13, 36:19, 37:2, 43:23 regulated [3] - 21:11, 23:24, 33:9 regulates [2] - 42:19, 45:17 regulating [2] - 13:23, 17:16 regulation [4] - 16:18, 21:22, 22:9, 33:14 Regulations [2] - 5:24, 6:1 regulations [13] - 15:24, 17:4, 17:11, 20:12, 22:15, 22:16, 22:18, 23:7, 26:15, 27:18, 31:13, 32:15, 32:16 relate [1] - 5:21 related [3] - 6:18, 41:24, 44:18 relating [1] - 14:7 relative [2] - 48:20, 48:21 released [1] - 44:22 remains [2] - 32:22, 35:24 remember [1] - 32:14 remotely [1] - 14:4 remove [1] - 19:8 renewable [1] - 44:20 repeat [1] - 3:22 replace [1] - 19:7 replies [1] - 39:18 reported [1] - 48:11 Reporter [1] - 48:4 represent [2] - 3:17, 31:11 representative [1] - 45:21 representatives [2] - 33:20, 34:4 reproduced [1] - 49:5 republic [3] - 32:21, 33:16, 37:6 request [10] - 3:9, 3:13, 3:14, 4:5, 4:7, 31:1, 31:5, 41:16, 46:3, 46:7 require [1] - 23:15 required [5] - 12:12, 16:3, 17:21, 25:16, 25:19 requirement [1] - 24:17 requirements [6] - 17:14, 18:1, 18:20, 21:1, 23:14, 45:1 requires [1] - 10:14 reserved [1] - 34:21 reserves [1] - 36:22 resident [1] - 18:5 residential [7] - 13:2, 13:21, 14:2, 14:5, 14:6, 20:5, 21:13 residents [3] - 7:17, 16:17, 28:14 respecting [1] - 33:24 response [6] - 31:2, 33:1, 37:10, 46:4, 46:8, 46:12 responsibility [1] - 49:5 responsibly [1] - 35:23 restrictions [1] - 31:19 result [1] - 32:20 retained [3] - 34:18, 34:21, 35:13 reverse [1] - 36:4 review [6] - 8:7, 18:21, 26:22, 27:6, 28:17, 40:2 reviewing [1] - 9:18 reviews [1] - 7:23 Revolutionary [1] - 33:1 rewrite [1] - 21:20 Richard [1] - 2:2 ride [1] - 17:14 right-of-way [1] - 23:6 rights [13] - 32:2, 32:12, 33:24, 34:8, 34:10, 34:12, 34:17, 35:10, 35:11, 35:13, 35:20, 35:22, 37:2 Rights [1] - 35:12 road [1] - 41:22 robust [2] - 7:22, 18:15 roll [2] - 4:18, 46:21 roof [1] - 24:14 roof-mounted [1] - 24:14 Rusty [1] - 2:7 S sale [3] - 11:5, 22:5, 22:7 sales [4] - 10:22, 10:23, 10:24, 11:3 sandwich [1] - 22:24 saving [1] - 26:8 saw [2] - 35:24, 37:20 scheduled [1] - 3:5 screen [2] - 14:3, 22:15 screening [5] - 16:8, 16:10, 18:10, 18:15, 20:24 searching [1] - 13:7 seats [1] - 33:19 second [5] - 4:17, 6:4, 26:20, 41:10, 46:20 section [2] - 27:17, 30:11 Section [6] - 5:18, 5:19, 34:14, 35:6, 35:14, 36:21 sections [1] - 29:1 secure [1] - 36:24 security [1] - 33:12 see [17] - 9:17, 9:19, 11:4, 13:24, 14:17, 16:15, 17:3, 22:14, 23:17, 25:22, 26:16, 29:11, 29:16, 29:22, 30:7, 35:17, 45:10 seeing [2] - 37:11, 46:9 seeking [1] - 41:21 selected [1] - 33:16 sense [1] - 43:22 sensible [1] - 13:1 separate [2] - 10:12, 41:18 separating [1] - 13:1 September [2] - 1:21, 49:9 seriously [1] - 35:17 servants [4] - 33:16, 33:20, 34:4, 35:16 serve [1] - 32:15 servers [1] - 43:2 service [3] - 13:3, 17:15, 43:12 services [1] - 10:10 set [5] - 13:4, 24:2, 24:3, 39:14, 49:7 setback [1] - 16:4 sets [2] - 9:3, 13:9 setting [1] - 11:15 several [4] - 13:7, 16:13, 39:10, 40:17 shall [1] - 34:17 share [1] - 17:14 shed [2] - 15:9, 15:13 ship [2] - 43:14 short [2] - 12:16, 43:9 shortages [1] - 15:4 shorter [1] - 24:22 Shorthand [1] - 48:4 shorthand [1] - 48:13 show [2] - 28:18, 29:20 showed [1] - 28:7 shows [2] - 29:24, 30:8 shutdowns [1] - 36:1 side [4] - 16:2, 16:11, 17:17, 22:15 sidewalk [1] - 25:12 sign [26] - 3:18, 21:6, 21:24, 22:2, 22:5, 22:7, 22:8, 22:10, 22:22, 22:23, 23:4, 23:7, 23:16, 23:19, 24:2, 24:5, 24:7, 29:6, 30:9, 31:13, 36:3 signage [1] - 24:7 signed [1] - 49:3 signs [20] - 21:4, 21:7, 21:8, 21:19, 21:22, 21:23, 22:12, 22:14, 22:19, 23:1, 23:9, 23:12, 23:15, 23:17, 23:24, 31:19, 32:3, 32:11, 36:15 similar [5] - 12:5, 17:14, 25:24, 26:17, 36:15 simple [2] - 26:22, 27:12 simplify [1] - 27:10 simply [1] - 34:12 simultaneously [1] - 48:13 single [2] - 7:6, 11:10 site [9] - 11:2, 16:21, 18:20, 19:6, 19:8, 22:1, 22:2, 26:10, 45:6 sites [1] - 42:23 situation [1] - 12:17 situations [1] - 18:19 six [2] - 35:8, 35:9 size [5] - 18:3, 20:1, 29:6, 36:15, 38:15 sized [1] - 43:1 sizes [1] - 39:19 small [1] - 15:9 smart [4] - 8:17, 9:17, 28:22, 29:19 soften [1] - 23:22 solar [4] - 20:13, 20:16, 24:14, 44:21 solutions [1] - 24:14 someone [2] - 14:22, 27:12 sorry [2] - 4:11, 10:17 Sorry [1] - 4:12 sources [1] - 44:20 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com 7 space [9] - 14:18, 14:22, 15:1, 16:2, 18:2, 19:1, 19:19, 19:20, 23:19 spaces [3] - 19:2, 42:20, 45:1 speaking [1] - 36:2 special [8] - 6:7, 12:5, 15:14, 15:21, 17:6, 19:23, 20:8, 25:24 specific [3] - 35:3, 35:8, 36:12 specifically [4] - 31:18, 33:23, 34:7, 34:22 specified [2] - 10:9, 48:19 sprawl [1] - 26:6 spread [1] - 26:2 square [8] - 14:21, 22:22, 22:23, 23:10, 23:18, 23:20, 24:4, 45:3 SS [1] - 48:1 staff [8] - 7:20, 28:12, 40:14, 42:13, 44:24, 45:9, 45:14, 45:21 staffed [1] - 45:6 stage [2] - 9:3, 13:9 stand [1] - 3:21 standard [4] - 16:1, 20:18, 24:23, 42:21 standards [24] - 11:23, 13:12, 13:17, 13:19, 14:6, 14:7, 16:23, 17:22, 19:16, 19:17, 20:20, 21:3, 21:5, 21:7, 21:9, 21:10, 21:16, 24:11, 25:10, 26:23, 27:22, 45:8 Standards [2] - 7:10, 9:7 start [6] - 8:17, 9:6, 14:1, 24:18, 36:2, 41:11 started [3] - 7:3, 8:12, 8:15 state [3] - 3:16, 23:12, 31:5 STATE [1] - 48:1 State [1] - 48:4 states [1] - 34:15 static [3] - 28:22, 29:17, 30:2 stationary [1] - 45:18 stations [2] - 11:17, 14:1 stay [1] - 15:6 stenographically [1] - 48:12 stepped [1] - 39:8 steps [2] - 27:14, 27:22 steward [1] - 35:23 still [2] - 24:21, 26:11 stop [1] - 15:4 storage [20] - 6:9, 11:9, 11:13, 11:18, 16:19, 17:9, 42:2, 42:4, 43:3, 43:7, 43:15, 44:2, 44:7, 44:12, 44:15, 44:17, 45:2, 45:7, 45:18 store [1] - 44:5 stored [1] - 44:22 storing [2] - 11:1, 43:8 Stormwater [1] - 6:1 streamline [2] - 12:4, 14:13 streamlines [1] - 9:24 street [19] - 6:17, 13:18, 15:23, 18:18, 18:22, 19:1, 19:2, 21:11, 22:1, 24:24, 25:8, 25:9, 25:11, 25:14, 25:15, 25:17, 25:19, 42:19 streets [1] - 25:21 streetscape [1] - 25:5 strip [1] - 32:12 structure [3] - 10:4, 10:8, 27:20 structures [4] - 10:6, 26:24, 27:16, 43:1 style [1] - 26:3 Subdivision [2] - 5:23, 7:10 subdivision [3] - 21:5, 21:10, 24:11 subdivisions [1] - 25:3 subject [1] - 33:13 submitted [1] - 28:5 subsequent [1] - 39:16 substituted [1] - 18:23 suburban [1] - 26:3 sworn [3] - 3:24, 31:8, 48:8 systems [3] - 43:2, 44:2, 44:8 T Table [1] - 6:16 table [3] - 12:19, 12:24, 42:18 tables [3] - 12:6, 13:8, 29:3 Taker [1] - 2:12 talks [3] - 9:7, 9:15, 13:22 technician [1] - 10:18 technology [1] - 30:7 temporary [4] - 10:6, 13:15, 16:20, 21:8 ten [1] - 16:5 term [1] - 9:19 testified [1] - 31:8 testify [2] - 3:15, 48:8 testimony [7] - 3:8, 3:11, 4:2, 46:15, 46:17, 48:7, 48:16 text [6] - 6:6, 6:13, 6:23, 41:14, 42:14, 45:16 themselves [1] - 30:14 thereof [1] - 49:3 thereupon [1] - 3:23 thinking [1] - 24:18 thoroughfare [3] - 23:10, 24:4, 25:15 three [5] - 12:11, 25:4, 39:7, 40:18 throughout [4] - 9:14, 19:1, 19:11, 19:15 timing [1] - 28:10 Title [3] - 5:22, 5:24 today [2] - 27:21, 32:15 together [1] - 12:4 Tonight [1] - 31:18 tonight [8] - 3:5, 3:10, 5:12, 8:4, 37:4, 39:14, 40:21, 41:1 tonight's [4] - 3:6, 3:20, 8:11, 47:12 took [1] - 33:18 total [1] - 12:1 tower [1] - 17:4 tower-type [1] - 17:4 townhomes [1] - 14:8 tracts [1] - 41:21 trail [1] - 25:13 transcript [2] - 48:11, 49:3 transcription [1] - 48:14 transition [2] - 18:2, 18:7 translates [1] - 33:7 transparent [1] - 27:14 transportable [1] - 30:1 transportation [1] - 41:23 tree [2] - 19:6, 19:10 trees [4] - 18:11, 19:7, 19:10, 19:15 trend [1] - 41:20 trespassing [1] - 35:10 tried [1] - 33:2 true [2] - 31:22, 48:16 truth [2] - 32:24, 48:8 try [1] - 16:16 trying [3] - 16:14, 16:24, 17:2 tweak [1] - 8:1 tweaked [1] - 15:24 two [8] - 3:5, 18:13, 18:17, 20:13, 25:1, 25:2, 29:21, 40:14 type [4] - 11:7, 16:8, 17:4, 27:12 Type [1] - 18:7 types [6] - 8:1, 22:11, 22:19, 42:20, 45:11, 45:17 typewriting [1] - 48:14 typical [1] - 26:3 typically [4] - 16:5, 26:17, 43:17, 45:5 tyranny [1] - 32:8 U UDO [23] - 7:2, 7:23, 8:8, 8:16, 8:21, 9:15, 12:2, 13:11, 26:22, 27:6, 28:21, 31:13, 33:5, 38:3, 38:7, 38:12, 38:16, 39:5, 39:9, 39:17, 40:22, 41:17, 41:19 unconstitutional [3] - 32:14, 36:1, 36:3 under [5] - 12:3, 32:19, 48:15, 49:4, 49:6 under-used [1] - 12:3 underlined [1] - 9:19 understood [2] - 29:10, 33:4 Unified [3] - 5:16, 6:22, 7:15 uniqueness [1] - 45:4 unit [10] - 14:8, 14:16, 14:17, 15:21, 20:2, 20:5, 26:2, 26:6, 26:7, 37:21 UNITED [1] - 1:6 United [5] - 4:15, 5:13, 6:3, 6:5, 6:21 units [6] - 11:10, 14:15, 15:7, 15:15, 21:2, 39:19 unlimited [1] - 23:11 unreasonable [1] - 32:7 unused [1] - 12:3 up [19] - 11:14, 12:22, 12:23, 13:4, 14:2, 14:10, 17:15, 17:18, 17:23, 18:6, 19:20, 23:22, 25:5, 25:20, 28:19, 29:4, 30:9, 38:5, 38:7 update [1] - 30:17 updated [5] - 7:9, 9:15, 20:11, 24:8, 40:23 uphold [2] - 33:17, 33:18 upholding [1] - 34:8 upper [2] - 25:23, 26:15 urban [1] - 26:5 usable [2] - 16:16, 16:17 user [4] - 7:15, 20:21, 28:23, 44:23 users [2] - 19:18, 41:21 uses [46] - 6:8, 6:10, 6:15, 6:18, 10:10, 11:6, 11:16, 11:19, 12:4, 13:1, 13:2, 13:3, 13:15, 13:16, 13:17, 13:23, 17:1, 17:4, 17:6, 17:7, 17:23, 17:24, 18:9, 18:13, 27:16, 30:6, 41:16, 42:3, 42:9, 42:10, 42:15, 42:16, 42:20, 43:15, 44:15, 44:18, 44:20, 45:2, 45:5, 45:8, 45:11, 45:18, 45:19 utility [1] - 25:14 utilizing [2] - 20:8, 26:1 V variance [1] - 20:17 variation [1] - 12:15 various [2] - 7:4, 25:10 vehicle [3] - 11:17, 13:24, 42:3 vehicles [4] - 11:1, 11:3, 11:4, 43:19 versus [7] - 10:10, 10:18, 10:19, 11:8, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com 8 11:12, 21:20, 23:11 veterinarians [1] - 10:19 VIA [1] - 2:1 via [2] - 31:17, 48:14 video [2] - 29:20, 29:23 view [1] - 30:1 viewing [1] - 14:4 VINYARD [28] - 3:4, 4:1, 4:13, 4:18, 5:4, 5:11, 19:12, 19:14, 26:19, 30:23, 31:3, 37:8, 37:11, 38:6, 38:13, 38:20, 38:24, 39:3, 41:4, 41:6, 41:13, 46:1, 46:5, 46:9, 46:13, 46:21, 47:8, 47:11 Vinyard [3] - 2:2, 5:3, 47:7 virtual [1] - 44:9 VITOSH [2] - 48:3, 49:13 vocabulary [1] - 37:23 vote [2] - 4:18, 46:21 voting [1] - 41:7 W wait [1] - 29:11 waiting [1] - 12:22 walk [1] - 27:12 wall [2] - 22:10, 24:1 wants [1] - 20:1 War [1] - 33:1 Ward [1] - 39:5 warehouse [2] - 6:9, 44:11 warehouses [2] - 42:2, 43:6 warehousing [1] - 44:17 web [1] - 28:24 Wednesday [2] - 1:21, 28:19 weeks [1] - 33:5 west [2] - 23:2, 24:15 WHEREOF [1] - 49:7 WHEREUPON [1] - 3:1 whole [2] - 34:3, 48:8 wholesale [1] - 20:1 width [1] - 25:13 WILLIAMS [7] - 4:17, 5:6, 37:15, 37:19, 38:1, 46:19, 47:10 Williams [3] - 2:4, 5:5, 47:9 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com 9 wind [1] - 44:21 wise [1] - 17:22 wish [3] - 3:12, 4:5, 4:6 wishes [4] - 30:24, 31:4, 46:2, 46:6 wishing [1] - 3:15 WITNESS [2] - 2:19, 49:7 witness [1] - 3:23 witnesses [1] - 48:7 word [2] - 9:22, 10:4 words [1] - 31:21 works [1] - 28:10 write [2] - 32:3, 36:23 writing [1] - 22:6 written [1] - 36:8 Y yard [8] - 12:8, 12:12, 22:10, 23:7, 31:12, 31:19, 32:10, 36:15 years [1] - 8:1 YORKVILLE [2] - 1:6, 1:7 Yorkville [8] - 1:18, 4:10, 5:13, 5:15, 5:20, 6:3, 6:5, 6:22 YOUNG [13] - 4:20, 4:23, 5:1, 5:3, 5:5, 5:7, 5:10, 46:23, 47:1, 47:3, 47:5, 47:7, 47:9 Young [1] - 2:12 Z zones [1] - 18:7 zoning [3] - 6:15, 29:7, 30:5 ZONING [1] - 1:10 Zoning [9] - 3:6, 5:17, 5:20, 5:22, 6:8, 6:18, 7:8, 16:17, 42:14 Zoom [2] - 43:4, 45:23 ZOOM [1] - 2:1