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Planning and Zoning Commission Minutes 2024 03-13-24APPROVED 4/10/24 Page 1 of 2 PLANNING & ZONING COMMISSION City Council Chambers 651 Prairie Pointe Drive, Yorkville, IL Wednesday, March 13, 2024 7:00pm Meeting Called to Order Chairman Richard Vinyard called the meeting to order at 7:00pm, roll was called and a quorum was established. Roll Call Reagan Goins-yes, Greg Millen-yes, Ryan Forristall-yes, Richard Vinyard-yes, Danny Williams-yes Absent: Rusty Hyett City Staff Krysti Barksdale-Noble, Community Development Director Sara Mendez, Planner I Other Guests Lynn Dubajic Kellogg, City Consultant Chris Vitosh, Vitosh Reporting Service Previous Meeting Minutes February 14, 2024 Motion by Mr. Williams and second by Ms. Goins to approve the minutes as presented. Roll call: Goins-yes, Millen-yes, Forristall-yes, Vinyard-yes, Williams-yes Carried 5-0. Citizen’s Comments None Public Hearings 1. PZC 2024-06 United City of Yorkville, petitioner, is proposing to amend Section 10-4-13 Alternative Energy Use Standards regarding solar farms of the Yorkville Unified Development Ordinance. The proposed text amendment provides additional regulations requiring a minimum distance of one-thousand feet (1,000') from the nearest solar array to a major corridor and the Fox River. Additional minor proposed text amendments include typographical errors, clarification regarding solar glare, proof of utility service provider and easement requirements. Chairman Vinyard explained the procedure for the Public Hearing and hearing testimony. A motion was made and seconded by Mr. Williams and Ms. Goins, respectively, to open the Public Hearing at approximately 7:02pm. Roll call: Goins-yes, Millen-yes, Forristall-yes, Vinyard-yes, Williams-yes. Carried 5-0. Mr. Vinyard read the Hearing description. Page 2 of 2 (See Court Reporter's Transcript of Hearing) At approximately 7:10pm a motion was made by Mr. Williams and seconded by Ms. Goins to close the Public Hearing. Roll call: Millen-yes, Forristall-yes, Vinyard-yes Williams-yes, Goins-yes. Carried 5-0. Unfinished Business None New Business 1. PZC 2024-06 United City of Yorkville (same as description above) Ms. Noble added that the buffer lines and transmission line information for ComEd are included in the agenda packet. Mr. Williams asked if a variance will be needed for the panels that are located about 900 feet off-site. Ms. Noble said they will not need a variance, there is a Special Use in place. Action Item Text Amendment A motion was made by Mr. Williams and seconded by Ms. Goins to approve PZC 2024- 06. Motion: In consideration of testimony presented during a Public Hearing on March 13, 2024 and discussions conducted at that meeting, the Planning and Zoning Commission recommends approval to the City Council of a request to amend 10-4-13 Alternative Energy Use Standards regarding solar farms of the Yorkville Unified Development Ordinance as presented in a staff memorandum dated March 1, 2024. Roll call: Forristall-yes, Vinyard-yes, Williams-yes, Goins-yes, Millen-yes. Carried 5-0. Additional Business 1. City Council Action Updates a. PZC 2024-04 United City of Yorkville, petitioner, is proposing to amend the Yorkville Comprehensive Plan, including a modified future land use map, pursuant to Section 11-12-7 of the Illinois Municipal Code (65 ILCS 5/11-12-7) and Section 9-1-1 of the Yorkville City Code. The proposed amendment adds sections of the Future Land Use – Map Addendum to reclassify the property located at Cannonball Trail and south of Galena Road from “Estate Conservation/Residential” to a land use designation of ”Agricultural Zone (AZ)”. The request will also amend the property located at the southeast corner of US Route 34 and Sycamore Road from the “Neighborhood Retail (NR)” to the “Mid-Density Residential (MDR)” land use category. The changes are a result of rezoning approvals made by the City Council in calendar year 2023. Action Item Text Amendment Adjournment There was no further business and the meeting was adjourned at 7:12pm on a motion by Mr. Williams, seconded by Ms. Goins. Unanimous 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 Hearing - March 13, 2024 1 UNITED CITY OF YORKVILLE YORKVILLE, ILLINOIS PLANNING AND ZONING COMMISSION PUBLIC HEARING 651 Prairie Pointe Drive Yorkville, Illinois Wednesday, March 13, 2024 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 Hearing - March 13, 2024 2 PRESENT: (In-person and via Zoom.) Mr. Rich Vinyard, Chairman, Ms. Reagan Goins, Mr. Danny Williams, Mr. Greg Millen, Mr. Ryan Forristall. ALSO PRESENT: Ms. Krysti Barksdale-Noble, Community Development Director; Ms. Sara Mendez, Planner; Ms. 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 Hearing - March 13, 2024 3 (WHEREUPON, the following proceedings were had in public hearing:) CHAIRMAN VINYARD: There is one public hearing scheduled for tonight's Planning and Zoning Commission meeting. The purpose of this hearing 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 ask questions of the petitioner regarding the request being heard. Those persons wishing to testify are asked to speak clearly, one at a time, and state your name, who you represent. 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 and raise your right hand. We are going to skip that since we have nobody. Very good. All right. The order for receiving testimony during a public hearing will be as 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 Hearing - March 13, 2024 4 follows: The petitioner presentation; those who wish to speak in favor of the request; and those who wish to speak in opposition of the request. So may I have the motion to open public hearing on Petition Number PZC 2024-0 6 , United City of Yorkville for a text amendment to Unified Development Ordinance? MR. WILLIAMS: So moved. MS. GOINS: Second. CHAIRMAN VINYARD: Roll call on the vote, please. MS. YOUNG: Yes. Goins. MS. GOINS: Yes. MS. YOUNG: Millen. MR. MILLEN: Yes. MS. YOUNG: Forristall. MR. FORRISTALL: Yes. MS. YOUNG: Vinyard. CHAIRMAN VINYARD: Yes. MS. YOUNG: And Williams. MR. WILLIAMS: Yes. CHAIRMAN VINYARD: Okay. The public hearing up for discussion tonight is as follows: The United City of Yorkville, petitioner, 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 Hearing - March 13, 2024 5 proposing to amend Section 10-4 -13, Alternative Energy Use Standards regarding solar farms of the Unified -- or Yorkville Unified Development Ordinance. The proposed text amendment provides additional regulations requiring a minimum distance of 1 ,000 feet from the nearest solar array to a major corridor and the Fox River. Additional minor proposed text amendments include typographical errors, clarification regarding solar glare, proof of utility service provider, and easement requirements. Is the petitioner for PZC 2024-0 6 , the United City of Yorkville, ready to present? MS. NOBLE: Yes, I am. Okay. So tonight's request stems from feedback that Staff received from the EDC back in September. We had a proposal for a solar location that was very close to a major right-of-way and there was discussion among the members that this may not be a suitable location for solar. They did not deny the request; the request has yet to move forward. So at that meeting Staff asked that further direction or just some discussion be had 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 Hearing - March 13, 2024 6 by the members of the Council to determine if they had any specific preferences on regulations for a solar field, so out of that discussion in September, Staff came back in January and we did some research and we found that there are some planning advisory articles with recommendation on parameters for large scale solar developments, so some of those recommendations included either capping the maximum acreage or density for those types of facilities in a community, locating those solar farms outside of high growth areas or areas proposed for potential commercial development or residential development, you know, i .e ., doing a setback buffer from roadways, or minimizing the impact to viewshed, so requiring another distance from something that has a significant environmental feature or a line of sight of a resource. So the EDC at the January meeting decided on three recommendations to amend our ordinance. One was to require a minimum distance of 1 ,000 feet from the nearest solar array to a major roadway, so it's not from the property line to the roadway, but from the near -- from 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 Hearing - March 13, 2024 7 nearest solar panel to the roadway, so w hat you can see visually. They also made a recommendation of a 1 ,000 foot buffer between the nearest solar array and the Fox River because that is a scenic amenity in the city, and then they also recommended to cap all solar farms within the city to five. So the City Attorney reviewed the request. She had no issues with the minimum distance requirements, but she did give an opinion regarding capping the total number of solar arrays -- solar farms in the city. She felt that even though there was no current case study that proved that cities or municipalities can't cap, she felt that it would be problematic restricting a specific land use in that sense without any solid justification as compared to any other land use, so Staff is not recommending in this version of the text amendment to cap those solar fields to five in the city. Just for everyone's reference, we had about eight or nine solar field either 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 Hearing - March 13, 2024 8 requests or petitions come into the city. Three so far have been approved. One is working its -- actually two are working their way through the approval process, so if we did cap, those would be the only five at this point, but there is still some inquiries from the other projects, but based on what we have recommended, the three solar fields that were approved, all three would meet the minimum setback requirements. I 'm sorry, two to meet those minimum setback requirements, one would be the Kendall County campus, the court campus, the G RE solar field, which is about 900 feet from U .S . 34, so the recommendation was 1 ,000 feet. Again, that was our first development that was approved in the city. So the proposed text amendment in addition to the two buffer distance requirements, we also are proposing to correct some typographical and grammatical errors, clarifying regulations regarding solar and requiring proof of utility service provider and a blanket easement, a nd then just generally I 'll go through those. 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 Hearing - March 13, 2024 9 We are recommending changing the title from 10-4 -13 A 2 , from Alternative Energy Systems to Solar and Wind Farms. It's just to clarify that only commercial scale solar and wind are required to be a n accessory use to a principal permitted use, whereas individual solar or wind turbines can be a permitted principal use on the lot. We are adding a clause that ensures that any solar farm that is proposing to go on the city already have a local electric utility contact, so that they have an agreement already set up; therefore, we know that the actual development is viable to connect to existing electrical lines. Then we talk about specific language for solar glare. There is language that exists in other sections of the ordinance, but not specifically for solar farms, so we felt that that was just an inadvertent oversight in the combining of the former ordinance and the current one for UDO, so we are just correcting that, and the last one is a blanket easement. Right now it is a Staff 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 Hearing - March 13, 2024 10 recommendation that there is a blanket easement over solar fields, and the only reason why we do that is if at any time the field is abandoned, we have a bond in place, but if we don't have right of entry onto the property, we can't then decommission the solar panel, so right now we haven't had any pushback by anyone, just making it a Staff recommendation, but we felt it would be stronger if it's codified. CHAIRMAN VINYARD: Condition of the bond? MS. NOBLE: Correct. Exactly. So Staff is recommending and supportive of these changes to the UDO for alternative energy standards, use standards. If anyone has any questions, I am available to answer them. CHAIRMAN VINYARD: All right. Is there anyone present who wishes to speak in favor of the request, or by Zoom? (No response.) CHAIRMAN VINYARD: Anyone present who wants to speak in opposition of the request? (No response.) CHAIRMAN VINYARD: Any questions from 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 Hearing - March 13, 2024 11 the Commissioners? MR. WILLIAMS: None. CHAIRMAN VINYARD: Dan? MR. WILLIAMS: Sorry, none at this at this time. CHAIRMAN VINYARD: Since all public testimony has been taken, may I have a motion to close the taking of testimony in this public hearing? MR. WILLIAMS: So moved. MR. MILLEN: Second. CHAIRMAN VINYARD: Roll call vote on the motion, please? MS. YOUNG: Yes. Millen. MR. MILLEN: Yes. MS. YOUNG: Forristall. MR. FORRISTALL: Yes. MS. YOUNG: Vinyard. CHAIRMAN VINYARD: Yes. MS. YOUNG: Williams. MR. WILLIAMS: Yes. MS. YOUNG: And Goins. MS. GOINS: Yes. MS. YOUNG: Thank 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 Hearing - March 13, 2024 12 CHAIRMAN VINYARD: The public hearing portion of tonight's meeting is closed. (Which were all the proceedings had in the public healthcare portion of the meeting.) ---o 0 o --- 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 Hearing - March 13, 2024 13 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 14, 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 Hearing - March 13, 2024 14 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 18th day of March, 2024. __________________________________ CHRISTINE M. VITOSH, C.S.R. 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6:5 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - March 13, 2024 2 residential [1] - 6:13 resource [1] - 6:18 response [2] - 10:20, 10:23 responsibility [1] - 14:5 restricting [1] - 7:17 reviewed [1] - 7:9 Rich [1] - 2:2 right-of-way [1] - 5:19 River [2] - 5:8, 7:5 roadway [3] - 6:23, 6:24, 7:1 roadways [1] - 6:14 roll [2] - 4:10, 11:12 Ryan [1] - 2:6 S Sara [1] - 2:12 scale [2] - 6:7, 9:4 scenic [1] - 7:5 scheduled [1] - 3:5 second [2] - 4:9, 11:11 Section [1] - 5:1 sections [1] - 9:18 see [1] - 7:2 sense [1] - 7:18 September [2] - 5:17, 6:4 service [2] - 5:11, 8:22 set [2] - 9:13, 14:7 setback [3] - 6:14, 8:9, 8:10 shorthand [1] - 13:13 Shorthand [1] - 13:4 sight [1] - 6:18 sign [1] - 3:17 signed [1] - 14:3 significant [1] - 6:17 simultaneously [1] - 13:13 skip [1] - 3:21 Solar [1] - 9:3 solar [26] - 5:2, 5:7, 5:11, 5:18, 5:21, 6:3, 6:7, 6:11, 6:22, 7:1, 7:4, 7:7, 7:13, 7:21, 7:24, 8:8, 8:12, 8:21, 9:4, 9:6, 9:10, 9:17, 9:19, 10:2, 10:6 solid [1] - 7:18 sorry [2] - 8:10, 11:4 specific [3] - 6:2, 7:17, 9:16 specifically [1] - 9:19 specified [1] - 13:19 SS [1] - 13:1 Staff [7] - 5:16, 5:23, 6:4, 7:19, 9:24, 10:8, 10:12 stand [1] - 3:20 standards [2] - 10:14, 10:15 Standards [1] - 5:2 state [1] - 3:15 State [1] - 13:4 STATE [1] - 13:1 stems [1] - 5:16 stenographically [1] - 13:12 still [1] - 8:6 stronger [1] - 10:9 study [1] - 7:15 suitable [1] - 5:21 supportive [1] - 10:13 sworn [1] - 13:8 Systems [1] - 9:3 T Taker [1] - 2:13 testify [2] - 3:14, 13:8 testimony [7] - 3:7, 3:10, 3:24, 11:7, 11:8, 13:7, 13:16 text [5] - 4:6, 5:5, 5:9, 7:20, 8:17 therefore [1] - 9:13 thereof [1] - 14:3 three [4] - 6:20, 8:1, 8:7, 8:8 title [1] - 9:2 tonight [2] - 3:9, 4:23 tonight's [4] - 3:5, 3:19, 5:16, 12:2 total [1] - 7:12 transcript [2] - 13:11, 14:3 transcription [1] - 13:14 true [1] - 13:16 truth [1] - 13:8 turbines [1] - 9:7 two [3] - 8:3, 8:10, 8:18 types [1] - 6:10 typewriting [1] - 13:14 typographical [2] - 5:10, 8:20 U U.S [1] - 8:13 UDO [2] - 9:22, 10:14 under [3] - 13:15, 14:4, 14:6 Unified [3] - 4:7, 5:3 UNITED [1] - 1:6 United [3] - 4:6, 4:24, 5:14 up [2] - 4:23, 9:13 utility [3] - 5:11, 8:22, 9:11 V version [1] - 7:20 via [2] - 2:1, 13:14 viable [1] - 9:14 viewshed [1] - 6:15 Vinyard [3] - 2:2, 4:18, 11:18 VINYARD [13] - 3:4, 4:10, 4:19, 4:22, 10:10, 10:17, 10:21, 10:24, 11:3, 11:6, 11:12, 11:19, 12:1 visually [1] - 7:2 VITOSH [2] - 13:3, 14:13 vote [2] - 4:11, 11:12 W wants [1] - 10:22 Wednesday [1] - 1:21 whereas [1] - 9:6 WHEREOF [1] - 14:7 WHEREUPON [1] - 3:1 whole [1] - 13:8 WILLIAMS [6] - 4:8, 4:21, 11:2, 11:4, 11:10, 11:21 Williams [3] - 2:4, 4:20, 11:20 Wind [1] - 9:3 wind [2] - 9:4, 9:7 wish [3] - 3:11, 4:2, 4:3 wishes [1] - 10:18 wishing [1] - 3:14 WITNESS [1] - 14:7 witnesses [1] - 13:7 Y YORKVILLE [2] - 1:6, 1:7 Yorkville [5] - 1:18, 4:6, 4:24, 5:3, 5:14 YOUNG [11] - 4:12, 4:14, 4:16, 4:18, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - March 13, 2024 3 4:20, 11:14, 11:16, 11:18, 11:20, 11:22, 11:24 Young [1] - 2:13 Z Zoning [1] - 3:6 ZONING [1] - 1:10 Zoom [2] - 2:1, 10:19