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Planning and Zoning Commission Packet 2024 06-12-24 PLANNING AND ZONING COMMISSION AGENDA Wednesday, June 12, 2024 7:00 PM Yorkville City Hall Council Chambers 651 Prairie Pointe Drive Meeting Called to Order: 7:00 p.m. Roll Call: Previous meeting minutes: May 8, 2024 Citizen’s Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PZC 2024-07 Kelaka, LLC, Green Door Capital, petitioner/contract purchaser, and Kelaka, LLC, owners, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification. The real property is generally located south of the Burlington Northern Santa Fe railroad line, southeast of Faxon Road. The petitioner is requesting rezoning approval from R-1 Single-Family Suburban Residential District to M-2 General Manufacturing District (contingent on approval of annexation by the City Council) consisting of approximately 148.56 acres. 2. PZC 2024-08 Hagemann Trust, Green Door Capital, petitioner/contract purchaser, and Hagemann Family Trust, owners, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification. The real property is generally located immediately east of Eldamain, north of Corneils Road, and west of West Beecher Road. The petitioner is requesting rezoning approval from R-1 Single-Family Suburban Residential District to M-2 General Manufacturing District (contingent on approval of annexation by the City Council) for three (3) parcels, consisting of approximately 138.441 acres. 3. PZC 2024-15 C1 Yorkville, LLC, petitioner, and Yorkville Nexus LLC, owners, have filed applications with the United City of Yorkville, Kendall County, Illinois, requesting special use authorization for a Planned Unit Development (PUD) and preliminary PUD Plan approval for a data center campus. The real property is generally located immediately east of Eldamain Road, north of the Burlington Northern Santa Fe railroad and Faxon Road, and west of Beecher Road consisting of approximately 230 acres. Unfinished Business New Business United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us 1. PZC 2024-07 Kelaka, LLC, Green Door Capital, petitioner/contract purchaser, and Kelaka, LLC, owners, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification. The real property is generally located south of the Burlington Northern Santa Fe railroad line, southeast of Faxon Road. The petitioner is requesting rezoning approval from R-1 Single-Family Suburban Residential District to M-2 General Manufacturing District (contingent on approval of annexation by the City Council) consisting of approximately 148.56 acres. Action Item Rezone 2. PZC 2024-08 Hagemann Trust, Green Door Capital, petitioner/contract purchaser, and Hagemann Family Trust, owners, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification. The real property is generally located immediately east of Eldamain, north of Corneils Road, and west of West Beecher Road. The petitioner is requesting rezoning approval from R-1 Single-Family Suburban Residential District to M-2 General Manufacturing District (contingent on approval of annexation by the City Council) for three (3) parcels, consisting of approximately 138.441 acres. Action Item Rezone 3. PZC 2024-15 C1 Yorkville, LLC, petitioner, and Yorkville Nexus LLC, owners, have filed applications with the United City of Yorkville, Kendall County, Illinois, requesting special use authorization for a Planned Unit Development (PUD) and preliminary PUD Plan approval for a data center campus. The real property is generally located immediately east of Eldamain Road, north of the Burlington Northern Santa Fe railroad and Faxon Road, and west of Beecher Road consisting of approximately 230 acres. Action Item PUD & Preliminary PUD Plan Additional Business 1. Appointment of Vice Chair 2. City Council Action Updates a. PZC 2024-06 Corneils Road Solar, LLC, petitioner, on behalf of Gary L. and Betty S. Bennett, owners, has filed applications with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification and special use authorization. The real property is generally located immediately north of Corneils Road, approximately 1,700 feet east of Beecher Road, and approximately 4,300 feet west of IL. Route 47 (N. Bridge Street) consisting of 94 acres. The petitioner is requesting rezoning approval from R-1 Single-Family Suburban Residential District to A-1 Agricultural District (contingent on approval of annexation by the City Council). The petitioner is also requesting special use permit approval in pursuant to Section 10-8-5 of the Yorkville City Code for a solar farm. Action Item Rezone and Special Use b. PZC 2024-09 Kendall County Petition 24-04 Larry Nelson, petitioner, on behalf of the Fox Valley Family YMCA, Inc. (owner), is requesting site plan approval to construct a YMCA recreational facility, parking, and related infrastructure to a property at 1520 Cannonball Trail in Bristol Township. The real property and is located at the southeast corner of Cannonball Trail and Galena Road in unincorporated Kendall County. Action Item 1.5 Mile Review c. PZC 2024-10 Kendall County Petition 24-05 George S. and Heidi R. Oliver, are requesting approval of a Plat of Vacation to vacate the public easements between two (2) parcels (Lots 223 and 224) within the Whitetail Ridge subdivision. The real property is located at 7709 and 7731 Bentgrass Circle in unincorporated Kendall County. Action Item 1.5 Mile Review d. PZC 2024-11 Kendall County Petition 24-06 Jerry Styrczula, petitioner, on behalf of A&D Properties, LLC is requesting an approval of a map amendment (rezoning) 16.4 +/- acres located on the west side of Route 47, commonly known as addressed 7789 Route 47, from B- 3 Highway Business District to M-1 Limited Manufacturing District. The purpose of the request is to operate a trucking business for the sale and storage of semi-trailers, small trailers, semi-tractors, and similar uses at the subject property. Action Item 1.5 Mile Review e. PZC 2024-13 United City of Yorkville, petitioner, is proposing to amend Section 10-7-9 Park and Recreation Land and School Site Dedication of the Unified Development Ordinance related to criteria and formula for determining the minimum required park and recreation and school site dedication. The proposed text amendment will revise Table 10-7-9(A)(1): Parkland Dedication Requirements, Table 10-7-9(B)(1): School Dedication Requirements, and Table 10-7-9(D): Estimated Population Per Dwelling Unit within the United City of Yorkville’s Unified Development Ordinance. Action Item Text Amendment Adjournment DRAFT Page 1 of 4 PLANNING & ZONING COMMISSION City Council Chambers 651 Prairie Pointe Drive, Yorkville, IL Wednesday, May 8, 2024 7:00pm Meeting Called to Order Commissioner Daniel Williams called the meeting to order at 7:00pm, roll was called and a quorum was established. Roll Call Ryan Forristall-yes, Rusty Hyett-yes, Greg Millen-yes, Daniel Williams-yes Absent: Reagan Goins, Richard Vinyard City Staff Krysti Barksdale-Noble, Community Development Director Sara Mendez, Planner I Other Guests Lynn Dubajic Kellogg, City Consultant (via Zoom) Chris Vitosh, Vitosh Reporting Service Matt Asselmeier, Kendall County PBZ Dan Kramer, Attorney (via Zoom) David Petesch, Kendall County Record (via Zoom) Previous Meeting Minutes April 10, 2024 Motion by Mr. Millen and second by Mr. Hyett to approve the minutes as presented. Roll call: Hyett-yes, Millen-yes, Williams-present, Forristall-yes Carried 3-0 yes and 1- present. Citizen’s Comments None Public Hearings Commissioner Williams informed the Board that Public Hearings PZC 2024-07 Kelaka and PZC 2024-08 Hagemann Trust would not be heard tonight since the property owners within 500 feet had not been notified of the scheduled Hearing. A motion was made and seconded by Mr. Hyett and Mr. Millen, respectively, to move Public Hearings PZC 2024-07 and PZC 2024-08 to the June 12, 2024 PZC meeting. Roll call: Millen-yes, Williams-yes, Forristall-yes, Hyett-yes. Carried 4-0. Mr. Williams stated the procedure for the remaining Hearing. At approximately 7:04pm, a motion was made by Mr. Millen and seconded by Mr. Forristall to open the Public Page 2 of 4 Hearing PZC 2024-13 United City of Yorkville. Roll call: Millen-yes, Williams-yes, Forristall-yes, Hyett-yes. Carried 4-0. 3. PZC 2024-13 United City of Yorkville, petitioner, is proposing to amend Section 10- 7-9 Park and Recreation Land and School Site Dedication of the Unified Development Ordinance related to criteria and formula for determining the minimum required park and recreation and school site dedication. The proposed text amendment will revise Table 10-7-9(A)(1): Parkland Dedication Requirements, Table 10-7-9(B)(1): School Dedication Requirements and Table 10-7-9(D): Estimated Population Per Dwelling Unit within the United City of Yorkville's Unified Development Ordinance. (See Court Reporter's Transcript) Since there was no further testimony or comment regarding this Hearing, a motion to close the Public Hearing was made by Mr. Forristall, (no second) at approximately 7:11pm. Roll call: Williams-yes, Forristall-yes, Hyett-yes, Millen-yes. Carried 4-0. Unfinished Business None New Business (out of sequence) 6. PZC 2024-13 United City of Yorkville. A motion was made by Mr. Hyett and seconded by Mr. Millen to move Item #6, PZC 2024-13, amendment, to be the first item under New Business. Roll call: Williams-yes, Forristall-yes, Hyett-yes, Millen-yes. Carried 4-0. Action Item Text Amendment There was no discussion and Mr. Millen moved and Mr. Forristall seconded the motion to approve PZC 2024-13 Text Amendment regarding Park and Recreation Land and School Site Dedication. Roll call: Williams-yes, Forristall-yes, Hyett-yes, Millen-yes. Carried 4-0. (resume agenda as printed) 1. PZC 2024-07 Kelaka, LLC, Green Door Capital (moved to June 12th PZC meeting) 2. PZC 2024-08 Hagemann Trust, Green Door Capital (moved to June 12th PZC meeting) 3. PZC 2024-09 Kendall County Petition 24-04 Larry Nelson, petitioner, on behalf of the Fox Valley Family YMCA, Inc. (owner), is requesting site plan approval to construct a YMCA recreational facility, parking and related infrastructure to a property at 1520 Cannonball Trail in Bristol Township. The real property is located at the southeast corner of Cannonball Trail and Galena Road in unincorporated Kendall County. Discussion: Ms. Noble presented the background for this 1.5 Mile Review. Mr. Nelson wishes to build a new facility in unincorporated area, which was previously annexed in Page 3 of 4 2001 and de-annexed in 2020. The petitioner acquired the property in 2015. Currently it has B-4 zoning. The facility would be built in 2 phases and she described the amenities. The city engineer had some questions regarding stormwater management and staff noted that the facility would be served by septic and well. There are existing water main and sanitary sewer hookups adjacent to the property. If the project moves forward, staff will re-evaluate the Comprehensive Plan. Commissioner Hyett asked if Cannonball Trail will be re-directed due to accidents and Mr. Asselmeier said Cannonball and Dickson Rd. will be aligned. Mr. Williams briefly commented about the facility having their own water systems. Action Item 1.5 Mile Review Commissioner Williams entertained a motion of approval for PZC 2024-09 YMCA, Kendall County Petition 24-04. So moved by Mr. Hyett and seconded by Mr. Millen. Roll call: Forristall-yes, Hyett-yes, Millen-yes, Williams-yes. Carried 4-0. 4. PZC 2024-10 Kendall County Petition 24-05 George S. and Heidi R. Oliver are requesting approval of a Plat of Vacation to vacate the public easements between two (2) parcels (Lots 223 and 224) within the Whitetail Ridge subdivision. The real property is located at 7709 and 7731 Bentgrass Circle in unincorporated Kendall County. Discussion: Ms. Mendez provided background for this petition. The petitioners are seeking a Plat of Vacation on the 10-foot drainage and utility easement on the 2 parcels located in the Whitetail subdivision, where they plan to construct a house. The HOA and city staff are OK with this. Action Item 1.5 Mile Review There was no discussion by the Commissioners and a motion was made by Mr. Hyett and seconded by Mr. Millen to approve this petition PZC 2024-10, county petition 24-05. Roll call: Forristall-yes, Hyett-yes, Millen-yes, Williams-yes. Carried 4-0. 5. PZC 2024-11 Kendall County Petition 24-06 Jerry Styrczula, petitioner, on behalf of A&D Properties, LLC is requesting approval of a map amendment (rezoning) 16.4 +/- acres located on the west side of Route 47, commonly known as address 7789 Route 47, from B-3 Highway Business District to M-1 Limited Manufacturing District. The purpose of the request is to operate a trucking business for the sale and storage of semi- trailers, small trailers, semi-tractors and similar uses at the subject property. Discussion: Ms. Mendez provided the background and said the petitioner, Jerry Styrczula, is seeking a map amendment to rezone from B-3 to M-1 for a trucking business. There are 2 parcels totaling 16.4 acres with 2 existing buildings. The petitioner would be selling semi-trailers only (a change from previously submitted information). She described the property and said a new site plan is being compiled. An amendment was also made to the Kendall County Land Use Plan. Attorney Kramer commented Page 4 of 4 briefly and said the project would provide a large amount of tax to the school district and he asked for a positive recommendation. Action Item 1.5 Mile Review It was moved and seconded by Mr. Hyett and Mr. Forristall, respectively, to approve the map amendment (rezoning) of this project, PZC 2024-11, Kendall County petition 24-06. Roll call: Forristall-yes, Hyett-yes, Millen-yes, Williams-yes. Carried 4-0. Additional Business 1. Appointment of Vice Chair Ms. Noble stated that the ordinance requires a Vice-Chairman be selected annually. Currently, Mr. Vinyard is serving as Vice-Chairman. A motion was made and seconded by Mr. Hyett and Mr. Millen, respectively, to move this selection to the June 12th meeting. Roll call: Hyett-yes, Millen-yes, Williams-yes, Forristall-yes. Carried 4-0. 2. City Council Action Updates a. PZC 2024-06 Corneils Road Solar, LLC. Ms. Noble said this item will be on the May 14th City Council agenda. They have had their Public Hearing with no objections and written comments were received from one individual. Adjournment There was no further business and the meeting was adjourned at 7:32pm on a motion by Mr. Hyett and second by Mr. Millen 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 Hearings - May 8, 2024 1 UNITED CITY OF YORKVILLE YORKVILLE, ILLINOIS PLANNING AND ZONING COMMISSION PUBLIC HEARING 651 Prairie Pointe Drive Yorkville, Illinois Wednesday, May 8 , 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 Hearings - May 8, 2024 2 PRESENT: Mr. Danny Williams, Chairman, Mr. Greg Millen, Mr. Rusty Hyett. 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 Hearings - May 8, 2024 3 (WHEREUPON, the following proceedings were had in public hearing:) CHAIRMAN WILLIAMS: There are three public hearings scheduled for tonight's Planning and Zoning Commission meeting; however, the Petitioners for PZC 2024-0 7 and P Z C 2024-08 have not notified the surrounding property owners of the scheduled hearing. Therefore, the agenda items for the Kelaka and Hagemann Trust rezoning requests will not be open for discussion and testimony will not be taken at tonight's meeting. Due to the absence of required notification to property owners within 500 feet of the subject properties, may I have a motion to move the public hearing scheduled for PZC 2024-0 7 and PZC 2024-0 8 from May 8 th, 2024 Planning and Zoning Commission meeting until June 12th, 2024, Planning and Zoning Commission meeting at the same time and place as the originally planned hearing? MR. HYETT: I so move. CHAIRMAN WILLIAMS: I believe that 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 - May 8, 2024 4 was -- MS. YOUNG: Motion, so Hyett. MS. NOBLE: Seconded. MR. HYETT: I made the motion. MS. NOBLE: Oh, you made the motion. MR. HYETT: Yes. MR. MILLEN: Second. CHAIRMAN WILLIAMS: Sorry about that. Roll call vote on the motion, please. MS. YOUNG: Yes. Millen. MR. MILLEN: Yes. MS. YOUNG: Williams. CHAIRMAN WILLIAMS: Yes. MS. YOUNG: Forristall. MR. FORRISTALL: Yes. MS. YOUNG: And Hyett. MR. HYETT: Yes. CHAIRMAN WILLIAMS: The public hearings for PZC 2024-0 7 and P Z C 2024-0 8 have been moved to the June 12th, 2024 Planning and Zoning Commission meeting. There is now one public hearing scheduled for tonight's Planning and Zoning Commission meeting. The purpose of this hearing 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 - May 8, 2024 5 is to invite testimony from members of the community 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 motion -- or 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, and 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, raise your right hand, and repeat after me. Seeing as I don't believe there is anyone, I will move on from there. May I have a motion to open the public hearing on petition number PZC 2024-13, United City of Yorkville, for a text amendment to the Unified Development Ordinance? MR. MILLEN: So moved. 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 - May 8, 2024 6 CHAIRMAN WILLIAMS: Second, please? MR. FORRISTALL: Second. CHAIRMAN WILLIAMS: Thank you. Roll call vote on the motion, please. MS. YOUNG: Yes. Millen. MR. MILLEN: Yes. MS. YOUNG: Williams. CHAIRMAN WILLIAMS: Yes. MS. YOUNG: Forristall. MR. FORRISTALL: Yes. MS. YOUNG: And Hyett. MR. HYETT: Yes. CHAIRMAN WILLIAMS: The public hearing up for discussion tonight is as follows: The United City of Yorkville, Petitioner, is proposing to amend Section 10-7 -9 , Park and Recreation Land and School Site Dedication of the Unified Development Ordinance related to criteria and formula for determining the minimum required park and recreation and school site dedication. The proposed text amendment will revise Tables 10-7 -9 (A )(1 ), Parkland Dedication Requirements; Table 10-7 -9 (B )(1 ), School 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 - May 8, 2024 7 Dedication Requirements; and Table 7 -- I 'm sorry, Table 10-7 -9 (D ), Estimated Population Per Dwelling Unit within the United City of Yorkville's Unified Development Ordinance. Staff, please present on behalf of the city for PZC 2024-13, Text Amendment to the Yorkville Unified Development Ordinance. MS. NOBLE: Okay. Just a brief refresher if you all don't recall, last year, last couple of years , we were going through the Unified Development Ordinance process. It's a four-year process. Members of this committee were part of that advisory committee, and we came up with some modernization standards for our zoning ordinance and combining all of our development-related ordinances, and the land cash ordinance is one of those ordinances. So history about the land cash. In January, 1996 the city adopted its land cash ordinance, and that ordinance derived calculations based off of at that time the Illinois State Board of Education's recommendations for, you know, site criteria for 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 - May 8, 2024 8 a school, what would be a middle school ideal size, what would be the, you know, average population of residents that would utilize the middle school, like what are the school-age kids, and that information ended up becoming part of a formula of how we calculate the minimum acreage required to be dedicated for new residential developments. So every time a residential development comes in, we have a subdivision, we estimate based off of the unit type, if it's single family, if it's multi family, if it's a townhome, how many people will be generated from that site and how many would be school-age kids. So around that time there was a model that all communities used, it was called the Naperville model, and this is what we based off our standards, and that model was created or utilized the formula from 1993, so we adopted it in 1996 and we hadn't changed it in almost 30 years. So as a part of the UDO, we thought that there needed to be an update to the land cash methodology, and even the ordinance itself, 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 - May 8, 2024 9 the '9 6 ordinance, recognized that the formula for land cash dedication, a fee in lieu of, was going to be periodically renewed and updated, and hadn't been in 30 years. So we undertook that process and we created criteria and formulas based off of a 2010 model of the Illinois Capital Development Board. This is a board that regulates the construction of schools for Illinois, and most schools follow these standards when they are deciding to construct a new facility, how many students, what's the minimum acreage, that information. And so we researched other communities, and other communities use this technology as well. Some local around here would be Oswego, St. Charles, Joliet, Elgin, New Lenox, Woodridge, so on. So once we adopted it, a comparison was done on a random generic subdivision, and what we found was that the numbers ended up reducing the land dedication and the cash dedication required by half, so the current ordinance, if you look in the memo, 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 - May 8, 2024 10 generic subdivision, residential subdivision, of about 1 0 0 single-family dwellings, 50 townhomes and 20 duplexes, so total 1 7 0 dwelling units. Under our previous ordinance, they would be required to -- the subdivision would have to dedicate about 5 .3 acres of land for park and 7 .1 acres of land for a school, and if they couldn't do that, then they would have to pay the equivalent of that, and the equivalent value for the park, that five-acre park, would be 5 37,000, and the equivalent of that seven-acre school site would be 7 17,000, so the c ity would collect for the park half a million and the school would collect about 700,000. Well, under our new formula, the school would collect about $350,000 or 3 .5 acres of land, which nothing can be done with three acres of land for a school, and the city would get about 2 .8 acres for a park, or about 280 acres -- $288,000 for cash donation. With this in mind, we felt that it would be best to revisit this and do a deeper dive, one more specific to Yorkville rather than using a formula that everyone has used over 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 - May 8, 2024 11 couple of years because of the impact it had on development, and so some developments have fee lots, so some would be subject to this regulation, some wouldn't . We just felt we would revert back to our original methodology and formula and then revisit this in the future and get a better understanding of what our population generation really is rather than use a model. So if you have any questions for me, I will be happy to answer them or we can wait until we get to the deliberation period. CHAIRMAN WILLIAMS: Thank you, Krysti. All right. Is there anyone present who wishes to speak in favor of the request? I 'm going to say no. (No response.) CHAIRMAN WILLIAMS: Is there anyone present who wishes to speak in opposition to the request? (No response.) CHAIRMAN WILLIAMS: Again, going to say no. Are there any questions from the petitioners at this time -- or I 'm sorry. Are 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 - May 8, 2024 12 there any questions from the commissioners at this time for the petitioner? (No response.) CHAIRMAN WILLIAMS: I figure we can just save them for open session later on. Since all public testimony regarding this petition has been taken, may I have a motion to close the taking of testimony in this public hearing? MR. MILLEN: So moved. MR. HYETT: So moved . CHAIRMAN WILLIAMS: Okay. Thank you. Roll call vote on the motion, please. MS. YOUNG: Williams. CHAIRMAN WILLIAMS: Yes. MS. YOUNG: Forristall. MR. FORRISTALL: Yes. MS. YOUNG: Hyett. MR. HYETT: Yes. MS. YOUNG: And Millen. MR. MILLEN: Yes. MS. YOUNG: Thank you. CHAIRMAN WILLIAMS: The public hearing portion of tonight's meeting is closed. 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 - May 8, 2024 13 (Which were all the proceedings had in the public hearing portion of the meeting, concluding at 7 :12 p .m .) ---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 Hearings - May 8, 2024 14 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 15, 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 - May 8, 2024 15 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 10th day of May, 2024. __________________________________ CHRISTINE M. VITOSH, C.S.R. Certificate No. 084-02883 /s/ SUMMARY: The petitioner/contract purchaser, Green Door Capital, and Kelaka, LLC, owner, are seeking to annex and rezone approximately 148-acres of unincorporated farmland. Generally located south of the Burlington Santa Fe railroad line, just southeast of Faxon Road, the subject property consists of a portion of an existing 191-acre parcel (#02-19-100-011). The petitioner is also requesting rezoning approval from R-1 Single-Family Suburban Residential District to M-2 General Manufacturing District, contingent on approval of annexation by the City Council. The area to be annexed is outlined below. Memorandum To: Planning and Zoning Commission From: Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: June 5, 2024 Subject: PZC 2024-07 Kelaka, LLC (Green Door Nexus South) Annexation and Rezoning Requests Not Included PROPERTY BACKGROUND: The approximately 148-acre subject property is currently unincorporated and zoned A-1 Agriculture in Kendall County. It is part of a larger 191-acre parcel which is irregularly shaped and located immediately west of an existing homestead. The subject property is currently utilized for farmland and is bound by the Rob Roy Creek to the east. The property is also part of the Rob Roy Drainage District. ANNEXATION REQUEST/CONTIGUITY: As mentioned, the applicant seeks annexation of a portion of an unincorporated parcel (#02-19- 100-011) totaling approximately 148-acres for the purpose of constructing and operating a future industrial/data center land use. Contiguity of the subject parcels and Yorkville’s current corporate boundary is established immediately south of the Burlington Northern Santa Fe railroad abutting the Lincoln Prairie Parcel and the recently annexed New Leaf southern parcel to the east. Both the Lincoln Prairie and New Leaf developments are unimproved but are entitled for industrial and agricultural/solar farm, respectively. The city engineer will prepare a Plat of Annexation as an exhibit to the annexation agreement. A public hearing for the proposed annexation was held on May 14, 2024 before the City Council. REZONING REQUEST: Per Section 10-3-4 of the Yorkville Unified Development Ordinance (UDO), any territory annexed to the city shall automatically be classified within the R-1 Single-Family Suburban Residential District. Therefore, the petitioner is seeking rezoning within the M-2 General Manufacturing District for a proposed future industrial/data center. Data centers are defined as a facility comprised of networked computers, storage systems, and computing infrastructure which organizations use to assemble, process, store and disseminate data. Table 10-3-12(B) Energy Industrial Uses of the United City of Yorkville’s Unified Development Ordinance identifies data centers as a permitted land uses in the M-2 District. The Unified Development Ordinance also states specific standards for rezoning which all recommendation bodies will review. The petitioner has provided responses to the established standards for each of the criteria provided in the application. To understand the impact of the proposed rezoning and future land use of the subject property, staff has prepared the following chart summarizing the current immediate surrounding zoning and land uses: Zoning Land Use North BNSF Rail Road M-2 General Manufacturing Transportation Green Door Nexus (Lincoln Prairie) South A-1 (Unincorporated Kendall County) Agriculture/Undeveloped East R-2 Single Family (Whispering Meadows) Rob Roy Creek A-1 Agriculture District Agriculture/Undeveloped Residential/Tributary Agriculture/New Leaf Solar West A-1 (Unincorporated Kendall County) Residential/Agriculture THE COMPREHENSIVE PLAN: The 2016 Comprehensive Plan Update designates the future land use for this property as Estate/Conservation Residential. The Estate/Conservation Residential (ECR) designation is generally intended for future neighborhood developments that promotes flexibility in residential design, accommodates low density detached single family housing, and is sensitive to environmental and scenic features of the area. The 2016 Comprehensive Plan utilized this land use designation as a “holding” classification for those areas, particularly on the outskirts or along the perimeter of the City’s corporate boundaries that lacked the public infrastructure to support the development of the land within the 10-year timeline of the plan. While a data center and the requested M-2 General Manufacturing District is not consistent with the current future land use designation in the 2016 Comprehensive Plan Update, the parcels immediately north of the subject parcels are designated for “General Industrial” future land uses and planned for industrial development. General Industrial land uses accommodate a broad range of warehousing, manufacturing and energy/industrial land uses which are typically serviced by both rail and truck transportation located along identified industrial corridors such as Eldamain Road (see image below). If the annexation is approved by the City, an amendment will be required to the current comprehensive plan. STAFF COMMENTS: Staff is supportive of the request for annexation and rezoning approval as it would advance the Comprehensive Plan’s future land use strategy of creating an Eldamain Road industrial corridor. REZONING STANDARDS Section 10-8-12 Map Amendments establishes criteria for findings of fact related to rezoning (map amendment) requests. When the purpose and affect is to change the zoning of a property and amend the City’s Zoning Map, the Planning and Zoning Commission shall consider each of the following facts before rendering a decision on the request. The petitioner has provided answers to each of the criteria in the application these standards which are included in the packet for your review and will be entered into the public record as part of the public hearing process. The standards are: 1. The existing uses and zoning of nearby property. 2. The extent to which the property values are diminished by the particular zoning restrictions. 3. The extent to which the destruction of the property values of plaintiff promotes the health, safety, morals, or general welfare of the public. 4. The relative gain to the public as compared to the hardship imposed upon the individual property owner. 5. The suitability of the subject property for the zoned purpose. 6. The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property. 7. The community need for the proposed use. 8. The care to which the community has undertaken to plan its land use development. Additional UDO standards: 1. The proposed Map Amendment is consistent with the Comprehensive Plan and the purposes of the UDO. 2. The proposed Map Amendment is consistent with the existing and planned uses and zoning of the nearby properties. 3. The subject property is suitable for the purposes of the proposed district. 4. The proposed Map Amendment will not result in an individual parcel zoned in one zoning district that is not shared by the adjacent parcels. 5. The proposed parcel(s) to be rezoned shall meet the minimum frontage and area requirements of the requested rezoning district as specified in Section 10-3-9(A). Proposed Motion: In consideration of testimony presented during a Public Hearing on June 12, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council a request for rezoning from R-1 Single-Family Residential to M-2 General Manufacturing District for a proposed future industrial/data center, contingent upon approval of annexation by the City Council, for a property generally located south of the Burlington Santa Fe railroad line, just southeast of Faxon Road, subject to {insert any additional conditions of the Planning and Zoning Commission}… ATTACHMENTS: 1. Draft Rezoning Ordinance 2. Rezoning Application 3. Public Hearing Notice 1 ORDINANCE NO. _______ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING THE REZONING TO M-2 GENERAL MANUFACTURING DISTRICT FOR THE PROPERTY LOCATED SOUTH OF THE BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT OF WAY AND EAST OF ELDAMAIN ROAD IN YORKVILLE, ILLINOIS (Kelaka Property) WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the Kelaka, LLC and Green Door Capital, are jointly the owners (the “Owner”) of real property identified and legally described on Exhibit A, attached hereto and made a part hereof by reference (the “Subject Property”), and are seeking rezoning of the Subject Property to M-2 General Manufacturing District; and WHEREAS, the Planning Commission convened and held a public hearing on the 12th day of June, 2024, to consider the rezoning after publication of notice and notice to property owners within five hundred (500) feet of the Subject Property; and WHEREAS, the Planning Commission reviewed the standards set forth in Section 10-4-11 and made findings of fact and recommendation to the Corporate Authorities for approval of the rezoning; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated herein and made a part of this Ordinance. Section 2. That the Corporate Authorities hereby approve the rezoning of the Subject Property, legally described on Exhibit A, from the R-1 One Family Residence District to the M-2 General Manufacturing District. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. [Remainder of Page Intentionally Left Blank, Roll Call Vote to Follow] 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK APPLICATION FOR ANNEXATION United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fa x: 630-553-7575 Website: www.yorkville.il.us DATE: PZC NUMBER: DEVELOPMENT NAME: PETITIONER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: BUSINESS HOME EMAIL: FAX: PROPERTY INFORMATION NAME OF HOLDER OF LEGAL TITLE: IS THE PROPERTY OCCUPIED OR VACANT: IF OCCUPIED, PLEASE LIST ALL NAMES OF ELECTORS (THOSE REGISTERED TO VOTE) RESIDING ON THE PROPERTY: IF LEGAL TITLE IS HELD BY A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: PROPERTY STREET ADDRESS: DESCRIPTION OF PROPERTY’S PHYSICAL LOCATION: CURRENT ZONING CLASSIFICATION: ZONING AND LAND USE OF SURROUNDING PROPERTIES NORTH: EAST: SOUTH: WEST: KENDALL COUNTY PARCEL IDENTIFICATION NUMBER(S) 1/31/2024 Green Door Nexus South Matt Gilbert Green Door Capital 837 W Junior Ter Chicago, IL 60613 312-622-8300 matt@greendoorcapital.com ● Kelaka LLC Vacant with seasonal farming Dave, Jim & Joe Hamman South of Faxon Road, East of Eldamain Road, IL Approximately 148.56 acres of farmland lying South of Faxon Road, South of the BNSF railway and East of Eldamain Road in Yorkville, IL Unincorporated Bristol Township M-2 Unincorporated Bristol Township Unincorporated Bristol Township Unincorporated Bristol Township 02-19-200-011 02-19-200-006           APPLICATION FOR ANNEXATION United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fa x: 630-553-7575 Website: www.yorkville.il.us PLEASE DESCRIBE IN DETAIL ANY ADDITIONAL REQUESTS TO BE MADE UPON ANNEXATION APPROVAL. ATTORNEY INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: ENGINEER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: LAND PLANNER/SURVEYOR INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: ATTACHMENTS Petitioner must attach a legal description of the property to this application and title it as “Exhibit A”. Petitioner must list the names and addresses of any adjoining or contiguous landowners within five hundred (500) feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as “Exhibit B”. Petitioner must provide a written petition signed by a majority of the owners of record of land in the territory and also by a majority of the electors, if any, residing in the territory. Attach as a separate petition titled as “Exhibit C”. Kevin Kearney Pedersen Houpt 161 N Clark St, Ste. 2700 Chicago, IL 60601 312-261-2291 kkearney@pedersenhoupt.com TBD David Lee ASM Consultants, Inc. 16 E Wilson Batavia, IL 60510 630-879-0200 advanced@advct.com                      APPLICANT DEPOSIT ACCOUNT/ ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us PRINT NAME SIGNATURE* TITLE DATE PROJECT NUMBER: FUND ACCOUNT NUMBER: PROPERTY ADDRESS: PETITIONER DEPOSIT ACCOUNT FUND: It is the policy of the United City of Yorkville to require any petitioner seeking approval on a project or entitlement request to establish a Petitioner Deposit Account Fund to cover all actual expenses occurred as a result of processing such applications and requests. Typical requests requiring the establishment of a Petitioner Deposit Account Fund include, but are not limited to, plan review of development approvals/engineering permits. Deposit account funds may also be used to cover costs for services related to legal fees, engineering and other plan reviews, processing of other governmental applications, recording fees and other outside coordination and consulting fees. Each fund account is established with an initial deposit based upon the estimated cost for services provided in the INVOICE & WORKSHEET PETITION APPLICATION. This initial deposit is drawn against to pay for these services related to the project or request. Periodically throughout the project review/approval process, the Financially Responsible Party will receive an invoice reflecting the charges made against the account. At any time the balance of the fund account fall below ten percent (10%) of the original deposit amount, the Financially Responsible Party will receive an invoice requesting additional funds equal to one-hundred percent (100%) of the initial deposit if subsequent reviews/fees related to the project are required. In the event that a deposit account is not immediately replenished, review by the administrative staff, consultants, boards and commissions may be suspended until the account is fully replenished. If additional funds remain in the deposit account at the completion of the project, the city will refund the balance to the Financially Responsible Party. A written request must be submitted by the Financially Responsible Party to the city by the 15th of the month in order for the refund check to be processed and distributed by the 15th of the following month. All refund checks will be made payable to the Financially Responsible Party and mailed to the address provided when the account was established. ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: FINANCIALLY RESPONSIBLE PARTY: I acknowledge and understand that as the Financially Responsible Party, expenses may exceed the estimated initial deposit and, when requested by the United City of Yorkville, I will provide additional funds to maintain the required account balance. Further, the sale or other disposition of the property does not relieve the individual or Company/Corporation of their obligation to maintain a positive balance in the fund account, unless the United City of Yorkville approves a Change of Responsible Party and transfer of funds. Should the account go into deficit, all City work may stop until the requested replenishment deposit is received. *The name of the individual and the person who signs this declaration must be the same. If a corporation is listed, a corporate officer must sign the declaration (President, Vice- President, Chairman, Secretary or Treasurer) INITIAL ENGINEERING/LEGAL DEPOSIT TOTALS ENGINEERING DEPOSITS: Up to one (1) acre Over one (1) acre, but less than ten (10) acres Over ten (10) acres, but less than forty (40) acres Over forty (40) acres, but less than one hundred (100) In excess of one hundred (100.00) acres $5,000 $10,000 $15,000 $20,000 $25,000 LEGAL DEPOSITS: Less than two (2) acres Over two (2) acres, but less than ten (10) acres Over ten (10) acres $1,000 $2,500 $5,000 Matt Gilbert Green Door Capital 837 W Junior Ter Chicago, IL 60613 312-622-8300 matt@greendoorcapital.com Matt Gilbert Manager            CNVDADE&MA EINYVSURPIPANGGPutting the Pieces Together....Since 1984ENPROFESSISS APMnETA.KRWNVFRIEYO !!N .oINV RLDUOILAON H BATAVIAL035-002710A S TOaSLNAPreliminary CNVDADE&MA EINYVSURPIPANGGPutting the Pieces Together....Since 1984Preliminary 495023 1/17/2024 dl New Legal Description: That part of Section 19, Township 37 North, Range 7 East of the Third Principal Meridian, in Bristol Township, Kendall County, Illinois, described as follows: Commencing at the Center of said Section 19; thence South 00 Degrees 46 Minutes 07 Seconds East, along the quarter section line, a distance of 257.40 feet; thence North 83 Degrees 55 Minutes 03 Seconds West, 120.00 feet to the Point of Beginning; thence North 83 Degrees 55 Minutes 03 Seconds West, 1824.30 feet to a point on the north line of the Southwest Quarter of said Section 19, which is 1930.58 feet South 88 Degrees 28 Minutes 32 Seconds West from the Center of said Section 19; thence South 88 Degrees 28 Minutes 32 Seconds West along said north line, 204.49 feet; thence North 03 Degrees 24 Minutes 35 Seconds East, 2079.52 feet to the southerly Right-of-Way line of the Burlington Northern - Sante Fe Railway; thence North 73 Degrees 57 Minutes 26 Seconds East along said southerly Right-of-Way line, 2417.61 feet; thence South 00 Degrees 41 Minutes 37 Seconds West, 565.44 feet to the centerline of Faxon Road; thence South 74 Degrees 54 Minutes 09 Seconds East along the centerline, 678.89 feet to a point that is 350.00 feet North 74 Degrees 54 Minutes 09 Seconds West of the centerline of Beecher Road; thence South 13 Degrees 26 Minutes 37 Seconds West, 570.50 feet; thence South 76 Degrees 33 Minutes 23 Seconds East, 96.63 feet; thence South 00 Degrees 57 Minutes 56 Seconds East, 654.81 feet; thence South 68 Degrees 41 Minutes 58 Seconds West, 390.87 feet; thence South 46 Degrees 38 Minutes 37 Seconds West, 788.19 feet; thence South 22 Degrees 13 Minutes 31 Seconds West, 296.51 feet to the Point of Beginning. Parcel contains 148.56 acres, more or less (subject to 1.56 Acres within the Right-of-Way of Faxon Road, as monumented). YORKVILLE NEXUS LLC % GREEN DOOR CAPITAL INVESTMENTS LLC BN&SF RAILWAY CO PROPERTY TAX DEPARTMENT YORKVILLE NEXUS LLC % GREEN DOOR CAPITAL INVESTMENTS LLC DOLORES CRUISE LIV TRUST % CONNIE L MCMAHON ROBERT M & ILDEFONSA LIV TRUST LOFTUS 11159 FAXON RD KELAKA LLC 181 S LINCOLNWAY YORKVILLE NEXUS LLC % GREEN DOOR CAPITAL INVESTMENTS LLC PETER & CHERYL SCHMIT 11800 FAXON RD MIGUEL & SANDRA E CAMACHO 11728 FAXON RD BN&SF RAILWAY CO PROPERTY TAX DEPARTMENT % DREW DANIELS LASALLE NATIONAL BANK 405 E. SHERIDAN RD DONALD J & RICHARD A BRUMMEL 12340 FAXON RD ROBERT M & ILDEFONSA LIV TRUST LOFTUS 11159 FAXON RD DOLORES CRUISE LIV TRUST % CONNIE L MCMAHON YORKVILLE NEXUS LLC % GREEN DOOR CAPITAL INVESTMENTS LLC DONALD J & CAROL S HAMMAN 13351 B FAXON RD BRUMMEL FAMILY TRUST 4 13349 C FAXON RD % DREW DANIELS LASALLE NATIONAL BANL 405 E. SHERIDAN RD KELAKA LLC 181 S LINCOLNWAY 145 S WELLS ST STE 1800 CHICAGO, IL, 60606 PO BOX 961089 FORT WORTH, TX, 761610089 145 S WELLS ST STE 1800 CHICAGO, IL, 60606 2515 VERSAILLES AVE APT 105 NAPERVILLE, IL, 60540 YORKVILLE, IL, 60560 NORTH AURORA, IL, 60542 145 S WELLS ST STE 1800 CHICAGO, IL, 60606 PLANO, IL, 60545 PLANO, IL, 60545 PO BOX 961089 FORT WORTH, TX, 761610089 LAKE BLUFF, IL, 60044 PLANO, IL, 60545 YORKVILLE, IL, 60560 2515 VERSAILLES AVE APT 105 NAPERVILLE, IL, 60540 145 S WELLS ST STE 1800 CHICAGO, IL, 60606 PLANO, IL, 60545 PLANO, IL, 60545 LAKE BLUFF, IL, 60044 NORTH AURORA, IL, 60542 APPLICATION FOR REZONING United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us DATE:PZC NUMBER:DEVELOPMENT NAME: PETITIONER INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: BUSINESS HOME EMAIL:FAX: PROPERTY INFORMATION NAME OF HOLDER OF LEGAL TITLE: IF LEGAL TITLE IS HELD BY A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: PROPERTY STREET ADDRESS: DESCRIPTION OF PROPERTY’S PHYSICAL LOCATION: CURRENT ZONING CLASSIFICATION:REQUESTED ZONING CLASSIFICATION: COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION:TOTAL ACREAGE: ZONING AND LAND USE OF SURROUNDING PROPERTIES NORTH: EAST: SOUTH: WEST: KENDALL COUNTY PARCEL IDENTIFICATION NUMBER(S) 1/31/2024 Matt Gilbert Green Door Capital 837 W Junior Ter Chicago, IL 60613 312-622-8300 matt@greendoorcapital.com Kelaka LLC Dave, Jim & Joe Hamman South of Faxon Road, Ease of Eldamain Road, IL Approximately 148.56 acres of farmland lying South of Faxon Road, South of the BNSF railway and East of Eldamain Road in Yorkville, IL Unincorporated Bristol Township M-2 Industrial / Data Center 148.56 M-2 Unincorporated Bristol Township Unincorporated Bristol Township Unincorporated Bristol Township 02-19-200-011 02-19-200-006 l DocuSign Envelope ID: F04FED50-267F-4EBE-A192-DB55587B12B2 APPLICATION FOR REZONING United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us ATTORNEY INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: EMAIL:FAX: ENGINEER INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: EMAIL:FAX: LAND PLANNER/SURVEYOR INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: EMAIL:FAX: ATTACHMENTS Petitioner must attach a legal description of the property to this application and title it as “Exhibit A”. Petitioner must list the names and addresses of any adjoining or contiguous landowners within five hundred (500) feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as “Exhibit B”. Kevin Kearney Pedersen Houpt 161 N Clark St, Ste. 2700 Chicago, IL 60601 312-261-2291 kkearney@pedersenhoupt.com TBD David Lee ASM Consultants, Inc. 16 E Wilson Batavia, IL 60510 630-879-0200 advanced@advct.com DocuSign Envelope ID: F04FED50-267F-4EBE-A192-DB55587B12B2 APPLICATION FOR REZONING United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us REZONING STANDARDS PLEASE STATE THE EXISTING ZONING CLASSIFICATION(S) AND USES OF THE PROPERTY WITHIN THE GENERAL AREA OF THE PROPOSED REZONED PROPERTY: PLEASE STATE THE TREND OF DEVELOPMENT, IF ANY, IN THE GENERAL AREA OF THE PROPERTY IN QUESTION, INCLUDING CHANGES, IF ANY, WHICH HAVE TAKEN PLACE SINCE THE DAY THE PROPERTY IN QUESTION WAS PLACED IN ITS PRESENT ZONING CLASSIFICATION: PLEASE STATE THE EXTENT TO WHICH PROPERTY VALUES ARE DIMINISHED BY THE PARTICULAR ZONING RESTRICTIONS: PLEASE STATE THE EXTENT TO WHICH THE DESTRUCTION OF PROPERTY VALUES OF PETITIONER PROMOTES THE HEALTH, SAFETY, MORALS, AND GENERAL WELFARE OF THE PUBLIC: N/A - currently in unincorporated Bristol Township, requesting to be annexed into Yorkville and rezoned M-2 per the 2016 Comprehensive Plan. N/A - currently in unincorporated Bristol Township, requesting to be annexed into Yorkville and rezoned M-2 per the 2016 Comprehensive Plan. None to our knowledge. None. DocuSign Envelope ID: F04FED50-267F-4EBE-A192-DB55587B12B2 APPLICATION FOR REZONING United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us REZONING STANDARDS PLEASE STATE THE LENGTH OF TIME THE PROPERTY HAS BEEN VACANT AS ZONED CONSIDERED IN THE CONTEXT OF LAND DEVELOPMENT IN THE AREA IN THE VICINITY OF THE SUBJECT PROPERTY: PLEASE STATE THE COMMUNITY NEED FOR THE PROPOSED LAND USE: WITH RESPECT TO THE SUBJECT PROPERTY, PLEASE STATE THE CARE WITH WHICH THE COMMUNITY HAS UNDERTAKEN TO PLAN ITS LAND USE DEVELOPMENT: PLEASE STATE THE IMPACT THAT SUCH RECLASSIFICATION WILL HAVE UPON TRAFFIC AND TRAFFIC CONDITIONS ON SAID ROUTES; THE EFFECT, IF ANY, SUCH RECLASSIFICATION AND/OR ANNEXATION WOULD HAVE UPON EXISTING ACCESSES TO SAID ROUTES; AND THE IMPACT OF ADDITIONAL ACCESSES AS REQUESTED BY THE PETITIONER UPON TRAFFIC AND TRAFFIC CONDITIONS AND FLOW ON SAID ROUTES (ORD. 1976-43, 11-4-1976): Subject property has been farmland in the past. Surrounding area to be developed as industrial / data center, this site should follow behind. See 2016 Comprehensive Plan update. The two development scenarios include industrial and data center development. Green Door has completed a traffic study to for the 280 acre development to the north. Both development scenarios would contemplate main traffic ingress/egress to the west on Eldamain Road. Beacher and Faxon Roads to north/east of Subject Site would be secondary/emergency access. Data Center would include significantly less traffic than even traffic study suggests. DocuSign Envelope ID: F04FED50-267F-4EBE-A192-DB55587B12B2 DocuSign Envelope ID: F04FED50-267F-4EBE-A192-DB55587B12B2 2/9/2024 APPLICANT DEPOSIT ACCOUNT/ ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us PRINT NAME SIGNATURE* TITLE DATE PROJECT NUMBER:FUND ACCOUNT NUMBER: PROPERTY ADDRESS: PETITIONER DEPOSIT ACCOUNT FUND: It is the policy of the United City of Yorkville to require any petitioner seeking approval on a project or entitlement request to establish a Petitioner Deposit Account Fund to cover all actual expenses occurred as a result of processing such applications and requests. Typical requests requiring the establishment of a Petitioner Deposit Account Fund include, but are not limited to, plan review of development approvals/engineering permits. Deposit account funds may also be used to cover costs for services related to legal fees, engineering and other plan reviews, processing of other governmental applications, recording fees and other outside coordination and consulting fees. Each fund account is established with an initial deposit based upon the estimated cost for services provided in the INVOICE & WORKSHEET PETITION APPLICATION. This initial deposit is drawn against to pay for these services related to the project or request. Periodically throughout the project review/approval process, the Financially Responsible Party will receive an invoice reflecting the charges made against the account. At any time the balance of the fund account fall below ten percent (10%) of the original deposit amount, the Financially Responsible Party will receive an invoice requesting additional funds equal to one-hundred percent (100%) of the initial deposit if subsequent reviews/fees related to the project are required. In the event that a deposit account is not immediately replenished, review by the administrative staff, consultants, boards and commissions may be suspended until the account is fully replenished. If additional funds remain in the deposit account at the completion of the project, the city will refund the balance to the Financially Responsible Party. A written request must be submitted by the Financially Responsible Party to the city by the 15th of the month in order for the refund check to be processed and distributed by the 15th of the following month. All refund checks will be made payable to the Financially Responsible Party and mailed to the address provided when the account was established. ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: EMAIL:FAX: FINANCIALLY RESPONSIBLE PARTY: I acknowledge and understand that as the Financially Responsible Party, expenses may exceed the estimated initial deposit and, when requested by the United City of Yorkville, I will provide additional funds to maintain the required account balance. Further, the sale or other disposition of the property does not relieve the individual or Company/Corporation of their obligation to maintain a positive balance in the fund account, unless the United City of Yorkville approves a Change of Responsible Party and transfer of funds. Should the account go into deficit, all City work may stop until the requested replenishment deposit is received. *The name of the individual and the person who signs this declaration must be the same. If a corporation is listed, a corporate officer must sign the declaration (President, Vice- President, Chairman, Secretary or Treasurer) INITIAL ENGINEERING/LEGAL DEPOSIT TOTALS ENGINEERING DEPOSITS: Up to one (1) acre Over one (1) acre, but less than ten (10) acres Over ten (10) acres, but less than forty (40) acres Over forty (40) acres, but less than one hundred (100) In excess of one hundred (100.00) acres $5,000 $10,000 $15,000 $20,000 $25,000 LEGAL DEPOSITS: Less than two (2) acres Over two (2) acres, but less than ten (10) acres Over ten (10) acres $1,000 $2,500 $5,000 Matt Gilbert Green Door Capital 837 W Junior Terrance Chicago, IL 60613 312-622-8300 matt@greendoorcapital.com Matt Gilbert Manager DocuSign Envelope ID: F04FED50-267F-4EBE-A192-DB55587B12B2 2/9/2024 Product(s): SubTrib_Aurora Beacon News, Publicnotices.com AdSize(s):1 Column Run Date(s):Friday, May 24, 2024 Zone:Full Run Color Spec.B/W Preview Order ID:7640071 Page 2 of 4 5/22/2024 9:17:35 AMPrinted: GROSS PRICE * :$344.87 * Agency Commission not included IL Govt Legal Aurora BeaconPACKAGE NAME: Order ID:7640071 Page 3 of 4 5/22/2024 9:17:35 AMPrinted: GROSS PRICE * :$344.87 * Agency Commission not included IL Govt Legal Aurora BeaconPACKAGE NAME: SUMMARY: The petitioner/contract purchaser, Green Door Capital, and Hagemann Family Trust, owner, are seeking to annex and rezone approximately 138-acres of unincorporated farmland. Generally located immediately east of Eldamain Road, north of Corneils Road, and west of West Beecher Road, the property consists of three (3) parcels (#02-07-100-011, 02-07-100-002, and 02-07-300-005). The petitioner is also requesting rezoning approval from R-1 Single-Family Suburban Residential District to M-2 General Manufacturing District, contingent on approval of annexation by the City Council. Memorandum To: Planning and Zoning Commission From: Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: June 5, 2024 Subject: PZC 2024-08 Hagemann Trust (Green Door Nexus North) Annexation and Rezoning Requests PROPERTY BACKGROUND: The subject property is currently unincorporated and zoned A-1 Agriculture in Kendall County. Consisting of three (3) rectangular parcels, the largest parcel, being approx. 69 acres and located in the center, surrounds two unincorporated residential parcels abutting Eldamain Road. The parcel to the north is approximately 35 acres and the southern parcel is roughly 33 acres. All three (3) parcels have frontage along Eldamain Road. The subject property is mainly utilized as cropland is also part of the Rob Roy Drainage District. ANNEXATION REQUEST/CONTIGUITY: As mentioned, the applicant seeks annexation of three (3) unincorporated parcels, #02-07-100-011, 02-07-100-002, and 02-07-300-005, totaling approximately 138-acres for the purpose of constructing and operating a future industrial/data center land use. Contiguity of the subject parcels and Yorkville’s current corporate boundary is established immediately north of the Bright Farms development which is currently under construction with a planned use for an industrial lettuce farm. The city engineer will prepare a Plat of Annexation as an exhibit to the annexation agreement. A public hearing for the proposed annexation was held on May 14, 2024 before the City Council. ELDAMAIN ROAD RECAPTURE: In 2011, the City of Yorkville, City of Plano, and Kendall County entered into an intergovernmental agreement regarding the future reconstruction of Eldamain Road from Menards Distribution Center north to Galena Road (Ord. 2011-05). Kendall County agreed to bring Eldamain Road under its jurisdiction and made roadway improvements costing $6,300,000 for that portion of the roadway. The three (3) governmental entities agreed to equally share the improvements cost which are to be paid through recapture agreements from future annexed properties with frontage along Eldamain Road. Yorkville has approximately 11,290 lineal feet of frontage along Eldamain Road, and the estimated assessed fee per lineal foot for recapture is $336.59, for a total of $3.8 million. This total amount includes repayment of the city’s $1.7 million of cost-sharing obligations memorialized in the 2020 Yorkville/Plano boundary agreement and $2.1 million share of the total County’s reconstruction costs. Below is an estimated amount each proposed annexed parcel is obligated to pay per the intergovernmental agreements: PARCEL ESTIMATED FRONTAGE ESTIMATED RECAPTURE 02-07-100-011 ~ 1,413 linear feet $475,601.67 02-07-100-002 ~ 601 linear feet $202,290.59 02-07-300-005 ~ 937 linear feet $315,384.83 TOTAL ~ 2,951 linear feet $993,277.09 REZONING REQUEST: Per Section 10-3-4 of the Yorkville Unified Development Ordinance (UDO), any territory annexed to the city shall automatically be classified within the R-1 Single-Family Suburban Residential District. Therefore, the petitioner is seeking rezoning within the M-2 General Manufacturing District for a proposed future industrial/data center. Data centers are defined as a facility comprised of networked computers, storage systems, and computing infrastructure which organizations use to assemble, process, store and disseminate data. Table 10-3-12(B) Energy Industrial Uses of the United City of Yorkville’s Unified Development Ordinance identifies data centers as a permitted land uses in the M-2 District. The Unified Development Ordinance also states specific standards for rezoning which all recommendation bodies will review. The petitioner has provided responses to the established standards for each of the criteria provided in the application. To understand the impact of the proposed rezoning and future land use of the subject property, staff has prepared the following chart summarizing the current immediate surrounding zoning and land uses: Zoning Land Use North A-1 (Unincorporated Kendall County) M-1 Limited Manufacturing (Unincorporated Kendall County) Agriculture Jet’s Towing/Repair/Truck Storage South M-1 Limited Manufacturing M-2 General Manufacturing Bright Farms East A-1 Agriculture District Agriculture/Undeveloped West A-1/R-1 Residential (Unincorporated Kendall County) Eldamain Road Agriculture/Residential Transportation Land Use THE COMPREHENSIVE PLAN: The 2016 Comprehensive Plan Update designates the future land use for this property as General Industrial. The General Industrial (GI) designation is generally intended for a broad range of warehousing and manufacturing served by both rail and truck, particularly along the Eldamain Corridor. In 2019 this area of the Comprehensive Plan was redesignated from Estate/Conservation Residential (ERC) to General Industrial (GI) based upon the roadway improvements to Eldamain Road. A data center and the requested M-2 General Manufacturing District is consistent with the current future land use designation in the 2016 Comprehensive Plan Update. STAFF COMMENTS: Staff is supportive of the request for annexation and rezoning approval as it would advance the Comprehensive Plan’s future land use strategy of creating an Eldamain Road industrial corridor. REZONING STANDARDS Section 10-8-12 Map Amendments establishes criteria for findings of fact related to rezoning (map amendment) requests. When the purpose and affect is to change the zoning of a property and amend the City’s Zoning Map, the Planning and Zoning Commission shall consider each of the following facts before rendering a decision on the request. The petitioner has provided answers to each of the criteria in the application these standards which are included in the packet for your review and will be entered into the public record as part of the public hearing process. The standards are: 1. The existing uses and zoning of nearby property. 2. The extent to which the property values are diminished by the particular zoning restrictions. 3. The extent to which the destruction of the property values of plaintiff promotes the health, safety, morals, or general welfare of the public. 4. The relative gain to the public as compared to the hardship imposed upon the individual property owner. 5. The suitability of the subject property for the zoned purpose. 6. The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property. 7. The community need for the proposed use. 8. The care to which the community has undertaken to plan its land use development. Additional UDO standards: 1. The proposed Map Amendment s consistent with the Comprehensive Plan and the purposes of the UDO. 2. The proposed Map Amendment is consistent with the existing and planned uses and zoning of the nearby properties. 3. The subject property is suitable for the purposes of the proposed district. 4. The proposed Map Amendment will not result in an individual parcel zoned in one zoning district that is not shared by the adjacent parcels. 5. The proposed parcel(s) to be rezoned shall meet the minimum frontage and area requirements of the requested rezoning district as specified in Section 10-3-9(A). Proposed Motion: In consideration of testimony presented during a Public Hearing on June 12, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council a request for rezoning from R-1 Single-Family Residential to M-2 General Manufacturing District for a proposed future industrial/data center, contingent upon approval of annexation by the City Council, for a property generally located immediately east of Eldamain Road, north of Corneils Road, and west of West Beecher Road, subject to {insert any additional conditions of the Planning and Zoning Commission}… ATTACHMENTS: 1. Draft Rezoning Ordinance 2. Ord. 2011-05 Yorkville/Plano/Kendall County IGA re: Eldamain Road Improvements 3. Ord. 2020-07 Yorkville/Plano Boundary Agreement 4. Rezoning Application 5. Public Hearing Notice 1 ORDINANCE NO. _______ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING THE REZONING TO M-2 GENERAL MANUFACTURING DISTRICT FOR THE PROPERTY LOCATED EAST OF ELDAMAIN ROAD AND NORTH OF CORNEILS ROAD IN YORKVILLE, ILLINOIS (Hagemann Property) WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the Hagemann Family Trust and Green Door Capital, are jointly the owners (the “Owner”) of real property identified by Parcel Numbers 02-07-100-011, 02-07-100-002, and 02-07-300- 005 and legally described on Exhibit A attached hereto and made a part hereof by reference (the “Subject Property”), and are seeking rezoning of the Subject Property to M-2 General Manufacturing District; and WHEREAS, the Planning Commission convened and held a public hearing on the 12th day of June, 2024, to consider the rezoning after publication of notice and notice to property owners within five hundred (500) feet of the Subject Property; and WHEREAS, the Planning Commission reviewed the standards set forth in Section 10-4-11 and made findings of fact and recommendation to the Corporate Authorities for approval of the rezoning; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated herein and made a part of this Ordinance. Section 2. That the Corporate Authorities hereby approve the rezoning of the Subject Property, legally described on Exhibit A, from the R-1 One Family Residence District to the M-2 General Manufacturing District. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. [Remainder of Page Intentionally Left Blank, Roll Call Vote to Follow] 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2020-07 AN ORDINANCE AUTHORIZING A JURISDICTIONAL BOUNDARY LINE AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND THE CITY OF PLANO Passed by the City Council of the United City of Yorkville,Kendall County, Illinois This 1 I'day of February, 2020 Prepared by and Return to: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on February 27, 2020. Ordinance No.2020-07 AN ORDINANCE AUTHORIZING A JURISDICTIONAL BOUNDARY LINE AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND THE CITY OF PLANO WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the constitution of the State of Illinois of 1970 and the laws of the State of Illinois; and, WHEREAS, there is unincorporated territory lying between the City and the City of Plano ("Plano') that was the subject of a previous Jurisdictional Boundary Line Agreement ("Boundary Agreement") entered into between the City and Plano and it is the desire of each to update and extend the terms of that Boundary Agreement for an additional twenty years; and, WHEREAS,the Section 11-12-9 of the Illinois Municipal Code (65 ILCS 5/11-12- 9) provides for the entering into jurisdictional boundary line agreements after notice and hearing; and, WHEREAS, The City and Plano have negotiated a new Boundary Agreement to establish a jurisdictional boundary line in order to enable each municipality to plan the orderly growth and development of their communities by the exercise of their planning, annexation, zoning and subdivision authority on its side of the boundary line. NOW THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, State of Illinois, as follows: Section 1: That the JURISDICTIONAL BOUNDARY LINE AGREEMENT BETWEEN CITY OF PLANO AND THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, between the United City of Yorkville and the City of Plano, a copy of which is attached hereto and made a part hereof as Exhibit A, be and the same is hereby approved and the Mayor and City Clerk be and are hereby authorized and directed to execute the Agreement on behalf of the United City of Yorkville. Section 2: This Ordinance shall be in full force and effect upon its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 11 th day of February, 2020. JKa- &*i c CITY CLERK Ordinance No.2020-07 Page 2 KEN KOCH AYE DAN TRANSIER AYE JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE SEAVER TARULIS AYE JASON PETERSON AYE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this a7tA day of 2f.R LlAre 2020. MAYOR Ordinance No.2020-07 Page 3 STATE OFILLINOIS 2020000033ao ss COUNTY OF KENDALL ) D E D Le I E G3 3E 1 1 IE T T E RECORDER -- KENDALL COUNTY, IL RECORDED: 3/4/2020 10:41 AM AGR: 57.00 RHSGS FEE: 10.00 RAGES: 10 i THIS IS A COVER PAGE FOR RECORDING PURPOSES ONLY i JURISDICTIONAL BOUNDARY LINE AGREEMENT BETWEEN THE CITY OF PLANO AND THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS I I Prepared by and Return to: j I United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 STATE OF ILLINOIS ss. COUNTY OF KENDALL ) Above Space for Recorder's Use Only JURISDICTIONAL BOUNDARY LINE AGREEMENT BETWEEN THE CITY OF PLANO AND THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS This Jurisdictional Boundary Line Agreement by and between the City of Plano, Kendall County, Illinois a non-home rule municipal corporation("Plano")by virtue of the laws of the State of Illinois,and the United City of Yorkville,Kendall County,Illinois a non- home rule municipal corporation ("Yorkville") by virtue of the laws of the State of Illinois dated this dT day of re_6p ume.Y ,20tq. aoao WITNESSETH: WHEREAS, Plano and Yorkville recognize that the unincorporated lands lying between their current municipal boundaries provide unusual growth opportunities for their respective communities; and, WHEREAS, Plano and Yorkville are aware of the fact that the opportunities for development in said unincorporated area will be accompanied by increased demands for transportation services, governmental police power services, utilities services, and other I iimunicipalservicesandtheresultingfinancialcommitmentstomeetsuchadditionalservices; and, WHEREAS,in order to plan for the demands which occur with development,Plano and Yorkville entered into a Jurisdictional Boundary Line Agreement in 1999 which established an agreed"Jurisdictional Boundary Line"between the cities and included such other measures as deemed to be in the best interests of their respective communities; and, WHEREAS,the Corporate Authorities of Plano and Yorkville desire to extend its Jurisdictional Boundary Line Agreement as hereinafter set forth, in order to provide for the orderly development of the unincorporated areas lying between their municipalities and continue the spirit of cooperation between both communities which has existed since 1999; and, WHEREAS, Plano and Yorkville further recognize that planning for the development of the unincorporated land lying between their municipal boundaries must include provisions for open space preservation, flood control, population density, joint i operation of public facilities,ecological and economic impact,and multi-purpose uses;and, WHEREAS, Plano and Yorkville and their respective citizens may be affected by potential development and the issues development presents and therefore believe it to be in their best interest that municipal boundaries and areas of municipal authority between their respective municipalities be established in order to plan effectively and efficiently for development between their communities and the conservation of the available resources for their respective residents without influences from developers or political factions; and, WHEREAS, Plano and Yorkville have authorized, by ordinance, the execution of this Agreement as an exercise of their intergovernmental cooperation authority under the Constitution of the State of Illinois,and pursuant to the terms and provisions of Section 5/11- 12-9 of the Illinois Municipal Code (65 ILCS 5/11-12-9). NOW, THEREFORE, upon the consideration of the mutual promises contained herein and upon the further consideration of the recitals hereinabove set forth, it is hereby agreed between Plano and Yorkville as follows: 1. That Plano shall have jurisdiction west of a certain boundary line and Yorkville shall have jurisdiction east of a certain boundary line as depicted on the map attached hereto as Exhibit A(the"Jurisdictional Boundary Line")and legally described on Exhibit B,which is attached hereto,both of which are incorporated herein. In the event of a variance in the legal description and the boundary map, the legal description shall take precedence. During the term of this Agreement,each municipality agrees to the immediate disconnection and shall not object to the disconnection of such territory which may lay beyond the Jurisdictional Boundary Line as described on Exhibits A and B, whether said disconnection be by petition of the land owner, court action or otherwise. 2. Plano and Yorkville agree not to annex, zone or perform any other act as authorized by law involving territory lying within the jurisdiction of the other municipality. 3. In the event that Plano or Yorkville is better able to provide municipal water or sewer service to a particular parcel of land lying outside its City limits,and annexed or to be annexed to the other City(as to Plano,a parcel lying West of the Jurisdictional Boundary Line, and as to Yorkville, a parcel lying East of the Jurisdictional Boundary Line), the municipality better able to provide service,shall not refuse service simply because the parcel is not within its City limits and shall not require annexation,but shall,subject to availability and capacity, allow connection to and service from its utility system, subject at all times to the ordinances,fees and charges(uniformly applied)applicable to the providing of service to lands outside of the municipality. 4. The Jurisdictional Boundary Line between Plano and Yorkville,for municipal government planning, subdivision control and municipal purposes shall be as described in Exhibits A and B and all future annexations by the corporate authorities of both Cities shall be adopted in conformance with the provisions of this Agreement. 5. Except by agreement as to utility service as provided in Paragraph 3 of this Agreement and except upon the subsequent joint written agreement,duly authorized by the Corporate Authorities of both Cities,Plano and Yorkville hereby agree that they shall not act to annex or exercise any zoning authority or subdivision control authority beyond the I Jurisdictional Boundary Line as established in this Agreement; provided, however, it is understood that this Agreement shall not be construed so as to limit or adversely affect the right of either municipality to file a statutory objection to proposed rezoning or proposed land use within one and one-half(1 ''/2)miles of its corporate limits. Each City further agrees that it will actively oppose any attempt to effectuate an involuntary annexation to its respective municipality which annexation would have the effect of changing the Jurisdictional i Boundary Line established under this Agreement. i 6. Plano and Yorkville had originally agreed that Yorkville was (and remains) responsible to use its own funds or funds from a third-party such as developers through recapture agreements to equalize the $3,400,000 expended by Plano for improvements to Eldamain Road. Pursuant to an intergovernmental agreement executed in 2011 among Plano,Yorkville and Kendall County(the"IGA"),Kendall County agreed to bring Eldamain Road under its jurisdiction and made roadway improvements costing $6,300,000 for that portion of the roadway from the Menards Distribution Center to Galena Road. The parties agreed to equally share the cost of$6,300,000 which cost was to be paid through recapture agreements from future municipal developments. It was determined in the IGA that Plano was required to assess $34.85 per lineal foot for a total of 11,290 lineal feet in order to pay 400,000 being its share of$2,100,000 for the improvements made by Kendall County, reduced by$1,700,000 for the amounts already expended by it for improvements to Eldamain Road and Yorkville was to assess $336.59 per lineal foot for a total of 11,468 lineal feet in order to recapture a total of$1,700,000 as expended by Plano and$2,100,000 of its share of the cost to further improvement Eldamain Road for a total of approximately $3,800,000 . The parties hereto confirm that as of the date hereof,the respective obligations of the cities hereinabove set forth remain outstanding. 7. It is agreed that neither Plano nor Yorkville shall either directly or indirectly seek any modification of this Agreement through court action and that this Agreement shall remain in full force and effect until amended or changed by the mutual agreement of both respective corporate authorities. 8. If any provision of this Agreement shall be declared invalid for any reason, such invalidation shall not affect other provisions of this Agreement which can be given effect without the invalid provision and to this end the provisions of this Agreement are to be i severable. 9. This Agreement shall be construed in accordance with the laws of the State of Illinois and shall be published by the cities and recorded with the Kendall County Recorder. 10. This Agreement shall be in full force and effect from and after its adoption and execution by Plano and Yorkville and shall continue in full force and effect for a period of twenty(20)years. The term of this Agreement may be extended,renewed or revised at the end of the initial term or extended terms hereof by further agreement of the municipalities. 11. The parties deem each clause, paragraph and undertaking herein to be severable and the application of this Agreement to any individual landowners to likewise be severable. Therefore,the parties agree that in the event any clause,paragraph or undertaking I is deemed invalid or unconstitutional,or in the event the application of this Agreement to any landowner is deemed invalid or unconstitutional or otherwise unenforceable,such invalidity, unconstitutionality or unenforceability shall not affect the other undertakings made herein by the parties, and the rest of the Agreement and its application to landowners shall remain in full force and effect. IN WITNESS WHEREOF the City of Plano and the United City of Yorkville have caused this Jurisdictional Boundary Line Agreement to be executed by their respective j i Mayor and attested by their respective City Clerk,pursuant to Ordinances adopted by each I municipality authorizing the execution of this Jurisdictional. i City of Plano By: ayor Attest• j ity Clerk United City of Y rkv*Ile By: Mayor Attest: City Clerk Exhibit A Boundary Line Map x 5r Yr S a t 0 s V i s e PLANO a a IS MI LBROOKe F4 6 5 S a t t F PJ x I I a t PROPOSED YORKVILLE/PLANO BOUNDARY AGREEMENT UNITED CITY OF YORKVILLE, ILLINOIS or 60 cr s ADDRESS:800 Game Farm Road,Yorkville Illinois DATE:November 19,2019 DATA: All permit data and geographic data are property of the United City of Yorkville j b LOCATION: (I:)//Community Development/Boundary Agreements/Plano Boundary Map Exhibit B LEGAL DESCRIPTION COMMENCING ATTHE INTERSECTION OF THE CENTER LINE OF BASELINE ROAD AND ASHE ROAD IN BRISTOL TOWNSHIP;THENCE SOUTHERLY ALONG THE CENTER LINE OF ASHE ROAD TO THE CENTER LINE OF GALENA ROAD;THENCE SOUTHERLY ALONG THE CENTER LINE OF ELDAMAIN ROAD TO THE CENTER LINE OF RIVER ROAD;THENCE CONTINUING SOUTH ALONG THE CENTER LINE OF ELDAMAIN ROAD RIGHT OF WAY TO THE SOUTH BANK OF THE FOX RIVER;THENCE WESTERLY ALONG THE SOUTH BANK OF THE FOX RIVER TO THE NORTHWEST CORNER OF A TRACT OF LAND WITH A P.I.N. OF 01-36-400-011; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID TRACT OF LAND TO THE SOUTHERLY MOST POINT OF SAID TRACT OF LAND;THENCE SOUTHWESTERLY TO THE NORTHERLY MOST CORNER OF A TRACT OF LAND CONVEYED TO THE COUNTY OF KENDALL BY DOCUMENT 201500004183;THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE SAID TRACT OF LAND CONVEYED TO THE COUNTY OF KENDALL TO THE CENTER LINE OF FOX ROAD EXTENDED NORTH;THENCE SOUTH ALONG SAID CENTER LINE EXTEND AND SAID CENTERLINE TO THE CENTER LINE OF HIGHPOINT ROAD;THENCE SOUTHERLY ALONG THE CENTER LINE OF HIGHPOINT ROAD TO THE CENTER LINE OF ROUTE 71;THENCE SOUTHWESTERLY ALONG THE CENTER LINE OF ROUTE 71 TO THE CENTER LINE OF HOLLENBACK ROAD; THENCE SOUTHERLY ALONG THE CENTER LINE OF HOLLENBACK ROAD TO THE CENTER LINE OF WALKER ROAD;THENCE EASTERLY ALONG THE CENTER LINE OF WALKER ROAD TO THE CENTER LINE OF WEST HELMAR ROAD;THENCE SOUTHERLY ALONG THE CENTER LINE OF WEST HELMAR ROAD TO THE SOUTHWEST CORNER OF SECTION 36,TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN. APPLICATION FOR REZONING United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us DATE:PZC NUMBER:DEVELOPMENT NAME: PETITIONER INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: BUSINESS HOME EMAIL:FAX: PROPERTY INFORMATION NAME OF HOLDER OF LEGAL TITLE: IF LEGAL TITLE IS HELD BY A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: PROPERTY STREET ADDRESS: DESCRIPTION OF PROPERTY’S PHYSICAL LOCATION: CURRENT ZONING CLASSIFICATION:REQUESTED ZONING CLASSIFICATION: COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION:TOTAL ACREAGE: ZONING AND LAND USE OF SURROUNDING PROPERTIES NORTH: EAST: SOUTH: WEST: KENDALL COUNTY PARCEL IDENTIFICATION NUMBER(S) 1/31/2024 Matt Gilbert Green Door Capital 837 W Junior Ter Chicago, IL 60613 312-622-8300 matt@greendoorcapital.com Hagemann Family Trust Patricia Fleck and Larry Hagemann 1414 Eldamain Road, Plano, IL 60545 Approximately 138.441 acres of farmland lying East of Eldamain Road and north of Corneils road in Yorkville, IL Unincorporated Bristol Township M-2 Industrial / Data Center 138.441 Unincorporated Bristol Township Unincorporated Bristol Township M-2 Unincorporated Bristol Township 02-07-100-011 02-07-100-002 02-07-100-005 l DocuSign Envelope ID: EDA42567-CC68-4E0C-B1FE-7CF234306C7A APPLICATION FOR REZONING United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us ATTORNEY INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: EMAIL:FAX: ENGINEER INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: EMAIL:FAX: LAND PLANNER/SURVEYOR INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: EMAIL:FAX: ATTACHMENTS Petitioner must attach a legal description of the property to this application and title it as “Exhibit A”. Petitioner must list the names and addresses of any adjoining or contiguous landowners within five hundred (500) feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as “Exhibit B”. Kevin Kearney Pedersen Houpt 161 N Clark St, Ste. 2700 Chicago, IL 60601 312-261-2291 kkearney@pedersenhoupt.com TBD Bearnard Bauer HR Green 2363 Sequoia Dr, Ste. 101 Aurora, IL 60560 630-708-5033 bbauer@hrgreen.com DocuSign Envelope ID: EDA42567-CC68-4E0C-B1FE-7CF234306C7A APPLICATION FOR REZONING United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us REZONING STANDARDS PLEASE STATE THE EXISTING ZONING CLASSIFICATION(S) AND USES OF THE PROPERTY WITHIN THE GENERAL AREA OF THE PROPOSED REZONED PROPERTY: PLEASE STATE THE TREND OF DEVELOPMENT, IF ANY, IN THE GENERAL AREA OF THE PROPERTY IN QUESTION, INCLUDING CHANGES, IF ANY, WHICH HAVE TAKEN PLACE SINCE THE DAY THE PROPERTY IN QUESTION WAS PLACED IN ITS PRESENT ZONING CLASSIFICATION: PLEASE STATE THE EXTENT TO WHICH PROPERTY VALUES ARE DIMINISHED BY THE PARTICULAR ZONING RESTRICTIONS: PLEASE STATE THE EXTENT TO WHICH THE DESTRUCTION OF PROPERTY VALUES OF PETITIONER PROMOTES THE HEALTH, SAFETY, MORALS, AND GENERAL WELFARE OF THE PUBLIC: N/A - currently in unincorporated Bristol Township, requesting to be annexed into Yorkville and rezoned M-2 per the 2016 Comprehensive Plan. N/A - currently in unincorporated Bristol Township, requesting to be annexed into Yorkville and rezoned M-2 per the 2016 Comprehensive Plan. None to our knowledge. None. DocuSign Envelope ID: EDA42567-CC68-4E0C-B1FE-7CF234306C7A APPLICATION FOR REZONING United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us REZONING STANDARDS PLEASE STATE THE LENGTH OF TIME THE PROPERTY HAS BEEN VACANT AS ZONED CONSIDERED IN THE CONTEXT OF LAND DEVELOPMENT IN THE AREA IN THE VICINITY OF THE SUBJECT PROPERTY: PLEASE STATE THE COMMUNITY NEED FOR THE PROPOSED LAND USE: WITH RESPECT TO THE SUBJECT PROPERTY, PLEASE STATE THE CARE WITH WHICH THE COMMUNITY HAS UNDERTAKEN TO PLAN ITS LAND USE DEVELOPMENT: PLEASE STATE THE IMPACT THAT SUCH RECLASSIFICATION WILL HAVE UPON TRAFFIC AND TRAFFIC CONDITIONS ON SAID ROUTES; THE EFFECT, IF ANY, SUCH RECLASSIFICATION AND/OR ANNEXATION WOULD HAVE UPON EXISTING ACCESSES TO SAID ROUTES; AND THE IMPACT OF ADDITIONAL ACCESSES AS REQUESTED BY THE PETITIONER UPON TRAFFIC AND TRAFFIC CONDITIONS AND FLOW ON SAID ROUTES (ORD. 1976-43, 11-4-1976): Subject property has been farmland in the past. Surrounding area to be developed as industrial / data center, this site should follow behind. See 2016 Comprehensive Plan update. The two development scenarios include industrial and data center development. Green Door has completed a traffic study to for the 280 acre development to the north. Both development scenarios would contemplate main traffic ingress/egress to the west on Eldamain Road. Beacher and Faxon Roads to north/east of Subject Site would be secondary/emergency access. Data Center would include significantly less traffic than even traffic study suggests. DocuSign Envelope ID: EDA42567-CC68-4E0C-B1FE-7CF234306C7A DocuSign Envelope ID: EDA42567-CC68-4E0C-B1FE-7CF234306C7A With no known hardship, the development would envision substantial construction jobs as well as long-term jobs, added local residence and substantial local business revenue increases. 2/8/2024 The planned development is what was envisioned with the 2016 updated Comprehensive Plan for the United City of Yorkville. APPLICANT DEPOSIT ACCOUNT/ ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us PRINT NAME SIGNATURE* TITLE DATE PROJECT NUMBER:FUND ACCOUNT NUMBER: PROPERTY ADDRESS: PETITIONER DEPOSIT ACCOUNT FUND: It is the policy of the United City of Yorkville to require any petitioner seeking approval on a project or entitlement request to establish a Petitioner Deposit Account Fund to cover all actual expenses occurred as a result of processing such applications and requests. Typical requests requiring the establishment of a Petitioner Deposit Account Fund include, but are not limited to, plan review of development approvals/engineering permits. Deposit account funds may also be used to cover costs for services related to legal fees, engineering and other plan reviews, processing of other governmental applications, recording fees and other outside coordination and consulting fees. Each fund account is established with an initial deposit based upon the estimated cost for services provided in the INVOICE & WORKSHEET PETITION APPLICATION. This initial deposit is drawn against to pay for these services related to the project or request. Periodically throughout the project review/approval process, the Financially Responsible Party will receive an invoice reflecting the charges made against the account. At any time the balance of the fund account fall below ten percent (10%) of the original deposit amount, the Financially Responsible Party will receive an invoice requesting additional funds equal to one-hundred percent (100%) of the initial deposit if subsequent reviews/fees related to the project are required. In the event that a deposit account is not immediately replenished, review by the administrative staff, consultants, boards and commissions may be suspended until the account is fully replenished. If additional funds remain in the deposit account at the completion of the project, the city will refund the balance to the Financially Responsible Party. A written request must be submitted by the Financially Responsible Party to the city by the 15th of the month in order for the refund check to be processed and distributed by the 15th of the following month. All refund checks will be made payable to the Financially Responsible Party and mailed to the address provided when the account was established. ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: EMAIL:FAX: FINANCIALLY RESPONSIBLE PARTY: I acknowledge and understand that as the Financially Responsible Party, expenses may exceed the estimated initial deposit and, when requested by the United City of Yorkville, I will provide additional funds to maintain the required account balance. Further, the sale or other disposition of the property does not relieve the individual or Company/Corporation of their obligation to maintain a positive balance in the fund account, unless the United City of Yorkville approves a Change of Responsible Party and transfer of funds. Should the account go into deficit, all City work may stop until the requested replenishment deposit is received. *The name of the individual and the person who signs this declaration must be the same. If a corporation is listed, a corporate officer must sign the declaration (President, Vice- President, Chairman, Secretary or Treasurer) INITIAL ENGINEERING/LEGAL DEPOSIT TOTALS ENGINEERING DEPOSITS: Up to one (1) acre Over one (1) acre, but less than ten (10) acres Over ten (10) acres, but less than forty (40) acres Over forty (40) acres, but less than one hundred (100) In excess of one hundred (100.00) acres $5,000 $10,000 $15,000 $20,000 $25,000 LEGAL DEPOSITS: Less than two (2) acres Over two (2) acres, but less than ten (10) acres Over ten (10) acres $1,000 $2,500 $5,000 Matt Gilbert Green Door Capital 837 W Junior Terrance Chicago, IL 60613 312-622-8300 matt@greendoorcapital.com Matt Gilbert Manager DocuSign Envelope ID: EDA42567-CC68-4E0C-B1FE-7CF234306C7A 2/8/2024 PARC E L 1 PIN: 0 2 - 0 7 - 1 0 0 - 0 0 2 PT. PA R C E L 2 PIN: 0 2 - 0 7 - 1 0 0 - 0 1 1 PT. PA R C E L 2 PIN: 0 2 - 0 7 - 3 0 0 - 0 0 5 EXC E P TI O N ( 1) PIN: 0 2- 0 7- 1 0 0- 0 0 6 DOC. 2 0 2 1 0 0 0 2 7 9 1 7 OWN E R: LI S A A N N P R A T H E R EXC E P TI O N ( 2) PIN: 0 2- 0 7- 1 0 0- 0 0 9 DOC. 2 0 2 1 0 0 0 2 8 8 4 2 OWN E R: NI C H O L A S A. D O D D & NICO L E E. J A L O V E PIN: 0 2 - 0 7 - 1 0 0 - 0 0 7 DOC. 2 0 1 9 0 0 0 0 4 3 7 9 ( P A R C E L # 6 ) OWNE R: T I M O T H Y R O S E N WI N K L E L L I VI N G T R U S T PIN: 0 2 - 0 6 - 3 0 0 - 0 1 1 DOC. 2 0 1 9 0 0 0 0 4 3 7 9 ( P A R C E L # 4 ) OWNE R: TI M O T H Y R O S E N WI N K L E L I V I N G T R U S T PIN: 0 2 - 0 6 - 3 0 0 - 0 1 2 DOC. 2 0 2 2 0 0 0 1 5 1 0 5 OWNE R: A R T U R O & R E Y N A L D A S A N C H E Z NOT I N C L U D E D WEST BEECHER ROAD· · · · · · · · EXCEPTION (3)-TRACT A EXCEPTION (4)-TRACT B SHEETIllinois Professional Design Firm # 184-001322 2363 Sequoia Drive, Suite 101, Aurora, Illinois 60560 t. 630.553.7560 f. 630.553.7646 www.hrgreen.com 1 OF 1 PIN: 0 2 - 0 7 - 1 0 0 - 0 0 8 PIN: 0 2 - 0 6 - 3 0 0 - 0 0 9 DOC. 2 0 1 4 0 0 0 0 8 1 6 8 OWNE R: J O S H U A A. S C H L EI NI N G & T A M MI M . L T H A M - S C H L EI NI N G PIN: 0 2 - 0 7 - 3 0 0 - 0 0 2 DOC. 2 0 1 9 0 0 0 0 4 3 7 9 ( P A R C E L # 6 ) OWNE R : TI M O T H Y R O S E N WI N K L E L LI VI N G T R U S T EXCEPTION (3) DEDICATION PER DOC. 200400020601 PIN: 0 2 - 0 7 - 3 0 0 - 0 0 4 DOC. 2 0 2 2 0 0 0 0 8 8 4 5 OWNE R : I L L I N O I S G R E E N H O U S E L L CELDAMAIN ROADELDAMAIN ROADBRISTOL TOWNSHIPLITTLE ROCK TOWNSHIP LEGAL DESCRIPTION PARCEL 1: THAT PART OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, WHICH FALLS WITHIN THE FOLLOWING DESCRIBED TRACT OF LAND: THAT PART OF THE SOUTH 1/2 OF SECTION 6 AND THAT PART OF THE NORTHWEST 1/4 OF SECTION 7, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF A HIGHWAY NOW KNOWN AS W. BEECHER ROAD WHICH IS NORTH 15 DEGREES 11 MINUTES EAST 635 FEET FROM THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 6; THENCE SOUTH 15 DEGREES 11 MINUTES WEST ALONG SAID CENTER LINE 635 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH ALONG THE QUARTER SECTION LINE 8.80 CHAINS; THENCE SOUTH 88 DEGREES WEST ALONG A CLAIM LINE 43.78 CHAINS TO THE CENTER LINE OF A HIGHWAY NOW KNOWN AS ELDAMAIN ROAD; THENCE NORTH 17 DEGREES 30 MINUTES EAST ALONG SAID CENTER LINE 19 CHAINS TO A POINT SOUTH 88 DEGREES 25 MINUTES WEST FROM THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 25 MINUTES EAST 2652 FEET TO THE POINT OF BEGINNING, ALL IN TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE WEST 1/2 OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION, 25.80 CHAINS NORTH OF THE SOUTHWEST CORNER OF SAID SECTION: THENCE EASTERLY ON A LINE PARALLEL TO THE SOUTH LINE OF SAID SECTION, 23.94 CHAINS; THENCE NORTHERLY ON A LINE PARALLEL WITH THE EAST LINE OF THE WEST 1/2 OF SAID SECTION, 45.57 CHAINS; THENCE WESTERLY ON A LINE PARALLEL WITH THE SOUTH LINE OF SAID SECTION, 20.20 CHAINS TO THE CENTER LINE OF THE ROAD; THENCE SOUTHERLY ALONG SAID CENTER LINE TO THE POINT OF BEGINNING; IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM THE FOLLOWING: (1) THAT PART OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION, 3,110.0 FEET FOR A POINT OF BEGINNING; THENCE EASTERLY AT RIGHT ANGLES TO SAID WEST LINE, 284.0 FEET; THENCE NORTHERLY PARALLEL WITH SAID WEST LINE, 191.73 FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 284.0 FEET TO THE SAID WEST LINE; THENCE SOUTHERLY ALONG SAID WEST LINE, 191.73 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS (2) THAT PART OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION, 3301.73 FEET FOR A POINT OF BEGINNING; THENCE EASTERLY AT RIGHT ANGLES TO SAID WEST LINE, 284.0 FEET; THENCE NORTHERLY PARALLEL WITH SAID WEST LINE, 526.43 FEET; THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 88 DEGREES, 30 MINUTES, 00 SECONDS WITH THE LAST DESCRIBED COURSE MEASURED COUNTER-CLOCKWISE THEREFROM, 284.10 FEET TO SAID WEST LINE; THENCE SOUTHERLY ALONG SAID WEST LINE, 519.0 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. (3) THAT PART DEDICATED FOR PUBLIC ROAD BY PLAT OF DEDICATION RECORDED JULY 27, 2004 AS DOCUMENT NO. 200400020601, DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED, AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID NORTHWEST QUARTER WITH THE CENTER LINE OF ELDAMAIN ROAD EXTENDED FROM THE NORTHEAST, WHICH POINT IS DESCRIBED AS BEING 1327.29 FEET SOUTHERLY OF THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTHEASTERLY ALONG SAID CENTER LINE 190.57 FEET; THENCE EASTERLY AT RIGHT ANGLES TO SAID CENTER LINE 40.0 FEET; THENCE SOUTHERLY ALONG A CURVE: TO THE LEFT HAVING A RADIUS OF 1160.0 FEET WITH IS RADIAL TO THE LAST DESCRIBED COURSE, 365.38 FEET TO A POINT 40.0 FEET EASTERLY OF SAID WEST LINE; THENCE WEST AT RIGHT ANGLES TO SAID WEST LINE 40.0 FEET TO SAID WEST LINE; THENCE NORTH ALONG SAID WEST LINE 190.57 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. 4) THAT PART CONVEYED TO KENDALL COUNTY, ILLINOIS BY WARRANTY DEED RECORDED APRIL 23, 2012 AS DOCUMENT NO. 201200007234, DESCRIBED AS FOLLOWS: TRACT A PART OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS, USING BEARINGS AND GRID DISTANCES REFERENCED TO THE ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD 83(97 AD J): BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE NORTH 87 DEGREES 20 MINUTES 05 SECONDS EAST 30.30 FEET ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7: THENCE SOUTH 01 DEGREES 41 MINUTES 00 SECONDS EAST 934.77 FEET; THENCE SOUTH 87 DEGREES 30 MINUTES 51 SECONDS WEST 40.90 FEET TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE NORTH 01 DEGREES 02 MINUTES 01 SECONDS WEST 914.44 FEET ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 TO THE TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 6, EAST OF SAID THIRD PRINCIPAL MERIDIAN; THENCE NORTH 01 DEGREES 02 MINUTES 30 SECONDS WEST 20.44 FEET ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 TO THE POINT OF BEGINNING, CONTAINING 0.764 ACRES, MORE OR LESS, OF WHICH 0.537 ACRE, MORE OR LESS, IS WITHIN THE EXISTING RIGHT OF WAY FOR COUNTY HIGHWAY 7. TRACT B PART OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS, USING BEARINGS AND GRID DISTANCES REFERENCED TO THE ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD 83(97 ADJ): COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION ; THENCE NORTH 87 DEGREES 15 MINUTES 05 SECONDS EAST 437.14 FEET ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7: THENCE SOUTH 17 DEGREES 00 MINUTES 27 SECONDS WEST 1078.79 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 72 DEGREES 59 MINUTES 33 SECONDS EAST 21.70 FEET TO THE SOUTHEASTERLY EXISTING RIGHT OF WAY LINE OF COUNTY HIGHWAY 7; THENCE SOUTH 09 DEGREES 36 MINUTES 34 SECONDS WEST 142.10 FEET TO THE SOUTHEASTERLY EXISTING RIGHT OF WAY LINE OF COUNTY HIGHWAY 7; THENCE NORTH 72 DEGREES 59 MINUTES 33 SECONDS WEST 40.00 FEET ALONG THE SOUTHEASTERLY EXISTING RIGHT OF WAY LINE OF COUNTY HIGHWAY 7 AND THE EXTENSION THEREOF; THENCE NORTH 17 DEGREES 00 MINUTES 27 SECONDS EAST 140.91 FEET TO THE POINT OF BEGINNING, CONTAINING 0.100 ACRES, MORE OR LESS, OF WHICH 0.069 ACRE, MORE OR LESS, IS WITHIN THE EXISTING RIGHT OF WAY FOR COUNTY HIGHWAY 7. ROSENWINKEL FAMILY TRUST ET AL 501 % JOHN ROSENWINKEL ILLINIOS GREENHOUSE LLC % BRIGHTFARMS JAMES M SEARS ET AL 27 N COOK ST ROSENWINKEL FAMILY TRUST ET AL 501 % JOHN ROSENWINKEL JAMES M SEARS ET AL 27 N COOK ST DONALD J & CAROL S HAMMAN 13351 B FAXON RD JAMES M SEARS ET AL 27 N COOK ST LATHAM-SCHLEINING TAMMI M SCHLEINING JOSHUA A &790 ELDAMAIN RD ROSENWINKEL FAMILY TRUST ET AL 501 % JOHN ROSENWINKEL NICHOLAS A LIV TRUST DODD % NICHOLAS A DODD & NICOLE E JALOVE ARTURO & REYNALDA SANCHEZ 980 ELDAMAIN RD KATHERINE SCHULTZ % DANIEL SCHULTZ HAGEMANN FAMILY TRUST % PATRICIA K FLECK TTEE HAGEMANN FAMILY TRUST % PATRICIA K FLECK TTEE COMMONWEALTH EDISON THREE LINCOLN CENTRE 4TH FL MORRIS FAMILY FARM LTD PARTNERSHIP 50 W 022 MCDERMOTT RD #A MORRIS FAMILY FARM LTD PARTNERSHIP 50 W 022 #A MCDERMOTT RD HAGEMANN FAMILY TRUST % PATRICIA K FLECK TTEE LISA ANN PRATHER 1314 ELDAMAIN RD COMMONWEALTH EDISON THREE LINCOLN CENTRE 4TH FL MARY AUER 1327 W BEECHER RD JAMES M SEARS ET AL 27 N COOK ST JERRY G & MARILEE FOLTZ 1010 W BEECHER RD KATHERINE SCHULTZ % DANIEL SCHULTZ 10735 CHICAGO RD WATERMAN, IL, 60556 50 S BUCKHOUT ST STE 202 IRVINGTON, NY, 10533 PLANO, IL, 60545 10735 CHICAGO RD WATERMAN, IL, 60556 PLANO, IL, 60545 PLANO, IL, 60545 PLANO, IL, 60545 PLANO, IL, 60545 10735 CHICAGO RD WATERMAN, IL, 60556 1286 ELDAMAIN RD PLANO, IL, 60545 PLANO, IL, 60545 32 BOAT LN OSWEGO, IL, 60543 723 TANAGER LN GENEVA, IL, 60134 723 TANAGER LN GENEVA, IL, 60134 OAK BROOK TERRACE, IL, 60181 BIG ROCK, IL, 60511 BIG ROCK, IL, 60511 723 TANAGER LN GENEVA, IL, 60134 PLANO, IL, 60545 OAK BROOK TERRACE, IL, 60181 BRISTOL, IL, 60512 PLANO, IL, 60545 BRISTOL, IL, 60512 32 BOAT LN OSWEGO, IL, 60543 Product(s): SubTrib_Aurora Beacon News, Publicnotices.com AdSize(s):2 Column Run Date(s):Friday, May 24, 2024 Zone:Full Run Color Spec.B/W Preview Order ID:7640110 Page 2 of 4 5/22/2024 10:51:01 AMPrinted: GROSS PRICE * :$871.20 * Agency Commission not included IL Govt Legal Aurora BeaconPACKAGE NAME: Order ID:7640110 Page 3 of 4 5/22/2024 10:51:01 AMPrinted: GROSS PRICE * :$871.20 * Agency Commission not included IL Govt Legal Aurora BeaconPACKAGE NAME: Order ID:7640110 Page 4 of 4 5/22/2024 10:51:01 AMPrinted: GROSS PRICE * :$871.20 * Agency Commission not included IL Govt Legal Aurora BeaconPACKAGE NAME: 1 REQUEST SUMMARY: The petitioner, C1 Yorkville, LLC (Cyrus One), contract purchaser, is seeking approval of a special use for Planned Unit Development and Preliminary PUD Plan for the construction of secured data center campus and on-site substation on approximately 228-acres of land located at the northeast corner of Faxon Road and Eldamain Road, formerly known as Lincoln Prairie. The site will consist of up to nine (9) standalone buildings used for networked computers, storage systems and computing infrastructure and six (6) on-site stormwater basins to be developed in phases over a 10 to 20-year period. PROPERTY BACKGROUND: The subject property consists of seven parcels of varying sizes, ranging from one acre to seventy-five acres, located at the northeast corner of Faxon and Eldamain Roads. With a total area of approximately 228 acres, the property was annexed in May 2005 through Ordinances 2005-48 and 2005-49, as part of a larger planned development known as Lincoln Prairie. The annexation agreement designated the property's zoning as M-2 General Manufacturing with special use authorization for an asphalt plant. Memorandum To: Planning & Zoning Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: June 6, 2024 Subject: PZC 2024-15 Cyrus One – Planned Unit Development & Preliminary Plan Proposed Data Center Campus and On-Site Substation Development 2 As part of the annexation agreement, internal roadways within the property connecting to Eldamain, Beecher, and Faxon Roads were dedicated to the City for future construction. Although the City approved a Final Plat for the Lincoln Prairie development in 2008, it was never recorded. The asphalt plant operation never materialized, and the dedicated future right-of-way was eventually vacated. Despite interest from several large-scale industrial developers and its designation as a Burlington Northern Santa Fe (BNSF) Certified Site in 2019, the property has remained undeveloped for nearly 20 years. In 2023, Green Door Capital (dba Yorkville Nexus LLC) purchased the property with the intention of finding an industrial user to redevelop the site as a data center campus. A separate development agreement related to regional infrastructure improvements and recaptures for this project is currently being discussed with the contract purchaser and the City and will be presented independently to the City Council from the requested PUD and Preliminary Plan approval. ZONING/PLANNED UNIT DEVELOPMENT (PUD): As previously stated, The subject property consists of seven (7) parcels (#02-18-300-004, #02-19-100- 004, #02-19-100-005, #02-18-300-003, #02-18-300-001, #02-18-300-002, and #02-18-400-004) and is zoned M-2 General Manufacturing District, per Annexation Agreement of Lincoln Prairie Yorkville (Ordinance No. 2005-48). The following are the current immediate surrounding zoning and land uses: Zoning Land Use North A-1 (Kendall County) ComEd Substation/Transfer Station - Utility Use South A-1 (Kendall County) BNSF Railroad Agricultural, Residential and Business Uses Transportation Land Use East A-1 SU (Kendall County) A-1 SU (Yorkville) Agriculture/Residential Land Use Agriculture & Solar Farm (approved) Land Use West Eldamain Road M-2 General Manufacturing (Plano) Transportation Land Use Menards Distribution Center The petitioner plans to build a secured data center campus. A data center is a facility that houses computing machines and related hardware equipment, including servers, data storage drives, and network equipment. It serves as the physical infrastructure necessary for IT systems and stores a company's digital data. The proposed site will feature nine buildings, six stormwater basins, and an on-site substation. Data center developments usually include backup power generators to ensure continuous power supply in case of an electrical outage. 3 Per Table 10-3-12 (B) of the Yorkville Unified Development Ordinance (UDO), “data center” and “electric substation” are permitted land uses in the M-2 General Manufacturing District. Data centers are defined as Energy Industrial Uses per Table 10-3-12(B) in the Unified Development Ordinance. Additionally, Section 10-8-8 of City’s Unified Development Ordinance (UDO) establishes standards for Planned Unit Development (PUDs). PUDs are allowed to modify standards of the base district as long as the requested modifications are specifically identified and demonstrates how each allowance is compatible with surrounding development, is necessary for proper development of the site, and is aligned with at least one (1) modification standard found in Section 10-8-8D of the UDO. The modification standard this proposed planned unit development (PUD) aligns with is #12 “Regional Utility Improvements”, as the data center campus will extend public utilities (water and sanitary) to and through the property resulting in recapturable payments to the developer when future property owners in the area benefit from connecting to such utility that had not previously existed. PROPOSED PRELIMINARY PUD PLAN: As proposed, the data center campus will have nine (9) two-story buildings and a centralized 800,000 square foot electric substation structure. Three (3) buildings (#1-3) will be located west of the substation near the northwest corner of Eldamain Road and Faxon Road. Two (2) buildings (#4-5) are situated south of the substation fronting Faxon Road and the BNSF rail line. The remaining four (4) buildings (#6-9) are oriented east of the substation, just north of the railroad and west of Beecher Road. Additionally, six (6) stormwater detention ponds are strategically provided throughout the site and four (3) wetland areas are identified. The plan also shows a future development area located to the north abutting Eldamain Road. Parking is provided adjacent to each of the buildings and the entire campus will be enclosed by an 8-foot- tall high security steel fence with entry gates at each access. Total proposed lot coverage, including buildings, driveways, parking and other hard surfaces, will not exceed the maximum 85% permitted in the M-2 zoning district per the Unified Development Ordinance. 4 The original site plan dated April 15, 2024, proposed to have four (4) points of access. Three (3) off of Eldamain Road and one (1) off of Beecher Road. These access points lead to internal private roadways which loop around the nine (9) proposed buildings and connect to the electric substation. The main full access was to be off of Eldamain Road and align with the existing Menards development to the west. It was also noted that two (2) of the access points located at the northeast and northwest corners of the subject property were intended exclusively for the user, ComEd, and emergency medical services (EMS) to the electrical substation. Should ComEd not require both access points, one of the access points would be eliminated. However, after discussions with the Kendall County Highway Department, which has jurisdiction over Eldamain Road, the petitioner submitted a revised site plan dated May 21, 2024 which reduced the number of access points to two (2) with the primary entry access off of Eldamain Road, still aligning with the Menards development, and a secondary emergency access off of Faxon Road. The access off of Beecher Road for ComEd has been eliminated. The preliminary plan is considered an initial draft that outlines the petitioner's intended layout for a future final plat of subdivision, including all proposed site improvements. Typically, preliminary plans are valid for twelve (12) months. However, for Planned Unit Developments (PUDs), which are considered special uses, the approved plans expire only after three (3) years from approval if no Building Permit is issued and no portion of the property is final platted. PHASING OF DEVELOPMENT: The petitioner has proposed to develop the subject property in nine (9) phases over a 10 to 20-year period and have provided a phasing schedule table as depicted on the Preliminary PUD Plan. Phase 1 will consist of constructing Building #4, the electric substation, and ponds #3 and #5. Additional ancillary infrastructure provided in Phase 1 includes the primary access road, secondary/emergency access road and perimeter roads, on-site parking, and perimeter fencing. REQUESTED PUD DEVIATIONS: The petitioner has listed thirteen (13) proposed deviations from the base M-2 General Manufacturing District standards as part of the PUD and Preliminary Plan. Upon staff review and analysis of the submitted plans, only ten (10) deviations to the M-2 district standards are warranted, as detailed below: 1. Building Setbacks - Per the Table 10-3-9(A) Bulk and Dimensional Standards, the following compares current M-2 General Manufacturing District standards with the proposed Planned Unit Development (PUD) requested modifications: BUILDING SETBACKS REQUIRED MINIMUM SETBACKS M-2 DISTRICT PROPOSED MINIMUM SETBACKS PUD PLAN* FRONT YARD (Eldamain Road) 25’ 150’ SIDE YARD (North/South) Min. 10% of lot/Max. 20’ 50’ REAR YARD (Beecher Road) 0’ 60’ The petitioner is seeking to have the setbacks apply only to the boundary/perimeter of the subject property rather than each individual building on the site, although the petitioner anticipates subdividing the subject parcel into multiple lots. For the purposes of the perimeter setbacks, the petitioner is requesting Eldamain Road is the established front yard and Beecher Road is the established rear yard. 5 The petitioner seeking a zero (0) foot building setback for all yards on future plats for buildings within the data center campus, as Section 10-8-6-C-6.c(6) of the Unified Development Ordinance requires building setback lines on all lots. Staff is supportive of this request. 2. Permitted Uses - Per Table 10-3-12 (B) of the Yorkville Unified Development Ordinance (UDO), “data center” and “electric substation” are permitted land uses in the M-2 General Manufacturing District. Data centers are defined as Energy Industrial Uses per Table 10-3-12(B) in the Unified Development Ordinance. Use standards for Energy Industrial Uses are reserved for future regulations, if ever approved, under Section 10-4-10 in the Unified Development Ordinance. The petitioner is seeking waiver of future standards adopted being applicable to this subject property after adoption of the Planned Unit Development. Staff is supportive of this request. 3. Parking Requirements - According to the Preliminary PUD Plan submitted, there are 432 total parking spaces with 27 ADA spaces to be provided on the property to accommodate the proposed nine (9) building data center campus and electric substation uses. However, the total required parking for the subject property is 736 spaces, including 15 ADA accessible spaces (2%). Additionally, per Section 10-5-1K-1 of the Unified Development Ordinance, a minimum of 15 electric vehicle charging stations is required. The petitioner is requesting a variance from the UDO required 0.3 spaces per 1,000 to 0.2 spaces per 1,000. Staff is supportive of establishing a minimum parking standard in the PUD ordinance of no less than 400 off-street parking spaces for the data center campus based off of net floor area and a minimum of ten (10) electric vehicle charging stations. Further, staff recommends the difference in provided parking and required parking based off of net floor area shall be subject to Section 10-5-1-I Fee-In-Lieu of Off-Street Parking. This will be included as a condition of the special use for the PUD. 4. Vehicular Cross Access - Per Section 10-5-1-F of the Unified Development Ordinance, cross access between adjoining developments which minimizes access points along streets, encourages shared parking, and allows for vehicular access between land uses is required. Due to the impracticality and security concerns of requiring the data center providing vehicular access to adjacent properties, the petitioner is seeking relief from providing cross access. Staff is supportive of this request. 5. Pedestrian Circulation - Per Section 10-5-1-N Pedestrian Circulation Standards of the Unified Development Ordinance required off-street parking areas to on-site pedestrian circulation systems and connection to existing and future planned trails. The petitioner states that walkways between parking areas and building entrances will be provided on-site, however they seek a waiver for public access and connection to public sidewalks and bicycle trails due to the nature and security of the proposed land use. Staff is supportive of this request. 6. Off-Street Loading - Per Section 10-5-1-Q of the Unified Development Ordinance, the number of off-street shall be determined on a case-by-case basis, and in the instance of special uses, loading berths adequate number and size to serve such use, as determined by the Zoning Administrators, shall be provided. 6 The petitioner requests a minimum of one (1) off-street loading space per data center campus building on the subject property. Staff is supportive of this request. 7. Landscaping - Section 10-5-3 establishes landscape standards for new developments. The following landscape requirements would apply to this development: building foundation landscaping, parking area perimeter landscaping, parking area interior landscaping, and transition zone landscaping. The petitioner has not submitted a landscape plan but are seeking relief from all minimum requirements. Staff recommends the petitioner provide a landscape plan that provides enhanced perimeter landscaping along Eldamain, Faxon, and Beecher Roads consistent with a Type (D) Transition Zone landscaping as provided in Section 10-5-3(F)(3) of the Unified Development Ordinance as depicted below: Staff is amenable to relief from the parking area perimeter landscaping and some relief from the building foundation and parking area interior landscaping requirements, but a final landscape plan with specific requests for relief must be provided. 8. Mechanical Screening – Per Section 10-5-4 Screening of the Unified Development Ordinance, ground/wall-mounted and roof mounted mechanical units that are visible from any public right- of-way or adjacent residential property shall be screened from public view. Petitioner is seeking to establish standards for screening both types of mechanical units. Petitioner proposes to screen ground mounted mechanical equipment with vinyl fencing equal to the height of the generator units but excluding any stacks protruding above the unit. No screening is proposed for rooftop mechanical units. Staff has engaged a sound engineer, Nathan Sevener of Soundscape Engineering, to evaluate the preliminary PUD plan, taking into consideration the surrounding existing and future land uses. The attached report dated June 6, 2024 addresses their findings related to potential noise generated by outdoor mechanical equipment. Based on the preliminary review, the engineer does believe with proper siting, equipment selection, noise control screening, compression wraps and other approaches it is possible for the data center campus to comply with the City’s Noise Ordinance. The sound engineer will also review the petitioner’s building permit applications for noise control design and analysis. Staff recommends this memorandum and review of the building permit by the sound engineer be included as an exhibit and condition of the special use for the PUD. 9. Lots – Per Section 10-7-2 requires all lots to conform with district standards and states all lots shall front or abut on a public street. Since the site has internal private roadways. 7 The petitioner is seeking waiver from the requirement for lots to have access on a public street due to the unique nature of the secure data center campus. Staff is supportive of this request. 10. Appearance Standards - Per Section 10-5-8-C-4 Industrial Uses, masonry products or precast concrete shall be incorporated on at least fifty (50) percent of the total building. Any other facade that abuts a street shall incorporate masonry products or precast concrete. The use of masonry products or precast concrete is encouraged on the remaining facades. Where precast concrete panels or split face block is utilized, the use of colors, patterns, or other architectural features within these panels/blocks is encouraged. The petitioner has submitted exterior building elevations depicting structures with materials such as concert panels, metal panels, and acoustic barrier screen walls in hues of gray and pewter (see images below). 8 While the proposed materials and color palette are consistent with the Appearance Standards, Section 10-5-8-C-4b.(2) of the Unified Development Ordinance requires industrial buildings with facades greater than one hundred (100) feet in length shall incorporate recesses, projections, windows, or other ornamental/architectural features along at least thirty (30) percent of the length of the facade abutting a public street in an effort to break up the mass of the structure. The buildings fronting a public street are Buildings #1, #2, #3, #8 and #9. Due to the increased building setback and recommended enhanced perimeter landscaping, the petitioner is seeking relief from this requirement. Staff is amenable to this request but may recommend additional visual architectural interest (such as metallic panels) along those building facades which front Eldamain Road is enhanced landscaping is not provided. ROADWAY RECONSTRUCTION: Per comments from the City Engineer in a review letter dated May 29, 2024, right-of-way dedication will be required along Faxon and Beecher Roads. The City will require eighty feet (80’) of total right-of-way along these roadways. Additionally, Faxon and Beecher Roads are not built to City standards and will be required to be reconstructed per City Code. This recommendation, along with all comments provided in the City Engineer’s review letter will be a condition of the special use for the Planned Unit Development. A location of the required improvements is provided below: COMPREHENSIVE PLAN: The 2016 Comprehensive Plan Update designates this property as “General Industrial” which is defined typically for a broad range of warehousing and manufacturing activities located adjacent to the Eldamain Corridor along the BNSF Railway line. Overall, staff supports the proposed PUD and its consistency with the proposed underlining zoning of M-2, but note the following recommendations from the Comprehensive Plan related to the subject property: 9 In Figure 8.17: Eldamain Road Corridor Land Use Strategy of the Yorkville 2016 Comprehensive Plan Update (North of the Fox River) the subject area is identified as “Zone B – Distribution (Corneils Road to BNSF Railroad)” meaning this area is recommended for modern industrial park incorporating branding and placemaking elements, as well as a 50’ to 100’ buffer to maintain the zone’s semi-rural visual character. The recommended enhanced perimeter landscaping along Eldamain Road for the proposed Preliminary Planned Unit Development Plan will accomplish this comprehensive plan goal. STANDARDS FOR SPECIAL USE: The Planning and Zoning Commission may recommend approval of a Special Use upon considering the following standards: 1. The establishment, maintenance or operation of the Special Use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare. 2. The Special Use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within or near the neighborhood in which it is to be located. 3. The establishment of the Special Use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or shall be provided. 5. Adequate measures shall be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The proposed Special Use is not contrary to the objectives of the City’s adopted Comprehensive Plan. The petitioner has provided written responses to these standards which will be incorporated into the record during the public hearing. 10 STANDARDS FOR PLANNED UNIT DEVELOPMENT: The Planning and Zoning Commission may recommend approval of a Planned Unit Development (PUD) upon considering the following standards (Section 10-8-8-E of the Unified Development Ordinance): 1. Plan and Policy Alignment. The Planned Unit Development is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City. 2. Integrated Design with Identifiable Centers and Edges. The Planned Unit Development shall be laid out and developed as a unit in accordance with an integrated overall design, in which the various land uses function as a cohesive whole and support one another. The design shall provide identifiable centers, which form focus areas of activity in the development, and edges, which define the outer borders of the development, through the harmonious grouping of buildings, uses, facilities, public gathering spaces, and open space. 3. Public Welfare. The Planned Unit Development is designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare. 4. Compatibility with Adjacent Land Uses. The Planned Unit Development includes uses which are generally compatible and consistent with the uses of adjacent parcels. If the uses are not generally compatible, all adverse impacts have been mitigated through screening, landscaping, public open space, and other buffering features that protect uses within the development and surrounding properties. 5. Impact on Public Facilities and Resources. The Planned Unit Development is designed so that adequate utilities, road access, stormwater management, and other necessary facilities will be provided to serve it. The Planned Unit Development shall include such impact fees as may be reasonably determined by the City Council. These required impact fees shall be calculated in reasonable proportion to the impact of the Planned Unit Development on public facilities and infrastructure. 6. Archaeological, Historical or Cultural Impact. The Planned Unit Development does not substantially adversely impact an archaeological, historical, or cultural resource, included on the local, state, or federal register, located on or off the parcel(s) proposed for development. The petitioner has provided written responses to these standards which will be incorporated into the record during the public hearing. STAFF COMMENTS: The proposed Planned Unit Development and Preliminary PUD Plan are in general conformance with the standards provided in the Unified Development Ordinance. Staff recommends approval of the special use for Planned Unit Development (PUD) and the Preliminary PUD plan subject to the deviations requested by the petitioner and conditions stipulated in staff’s memorandum. PROPOSED MOTIONS: 1. Special Use for Planned Unit Development In consideration of testimony presented during a Public Hearing on June 12, 2024 and approval of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council of a request for Special Use authorization of a Planned Unit Development for a data center campus to be located at the northeast corner of Faxon Road and Eldamain Road subject to the conditions enumerated in a staff memorandum dated June 4, 2024 and further subject to {insert any additional conditions of the Planning and Zoning Commission}… 11 2. Preliminary PUD Plan The Planning and Zoning Commission recommends approval to the City Council of the Cyrus One – Yorkville, Illinois – Preliminary PUD Plan prepared by Olsson and dated May 21, 2024 and further subject to {insert any additional conditions of the Planning and Zoning Commission}… Attachments: 1. Memorandum prepared by Soundscape Engineering dated June 6, 2024 2. Copy of Petitioner’s Application 3. Cyrus One – Yorkville, Illinois Preliminary PUD Plan dated May 21, 2024 prepared by Olsson 4. Exterior Elevations prepared by Corgan 5. EEI Review Letter to the City dated May 29, 2024 6. Plan Council Packet Materials 05-23-24 7. Public Hearing Notice Soundscape Engineering 3711 N. Ravenswood Ave., Ste. 104 • Chicago, IL 60613 • (312) 436-0032 729 W. Ann Arbor Trl., Ste. 150 • Plymouth, MI 48170 • (734) 418-8663 www.SoundscapeEngineering.com MEMORANDUM June 6, 2024 To: Krysti J. Barksdale-Noble, Community Development Director, United City of Yorkville, knoble@yorkville.il.us From: Nathan Sevener, INCE Bd.Cert re: PZC 2024-15 Cyrus One proposed Data Center Campus and On-site Substation Development Preliminary Comments on Potential Noise Transmission to Community Per Soundscape Engineering’s consulting services contract with the United City of Yorkville, I am providing the following preliminary comments regarding potential noise transmission from the proposed development of a data center campus with on-site substation to the surrounding community. At this time, there is insufficient Project information available to allow calculation of noise transmission from the proposed Development to the surrounding community. However, based on my experience, review of the of the Preliminary PUD Plan, and the uses of the properties near the proposed site, I can provide the following comments for your consideration.  Chapter 4 of the Yorkville Code of Ordinances restricts noise transmission to both residential and commercial land uses. The limit on sound transmission to residential land uses during the nighttime is the most restrictive. Since the proposed Data Center Campus can be expected to operate during both daytime and nighttime, nighttime sound level limits will need to be considered when evaluating noise transmission from the proposed Data Center Campus.  There are large residential developments to the Southeast and Southwest of the proposed Data Center Campus, but they are not immediately adjacent. The distance between the proposed Data Center Campus and these residences will be beneficial. There are, however, several single-family residences very near the proposed Data Center Campus. These residences are located immediately across the road to the West, South, and East of the proposed Data Center Campus.  In my experience, the primary noise sources associated with Data Centers are the electrical power generators and the cooling equipment. The Applicant should provide a noise impact assessment report for review by the City. The report should describe how the assessment was performed, list the specific noise generating equipment associated with operation of the Data Center Campus and On-site Substation, describe any noise control approaches and equipment that will be included in the project design, and confirm that the City’s noise ordinance will be met.  The Applicant should note, in particular, that the Noise Ordinance includes a sound level limit penalty for noise that is tonal in character. Some types of cooling equipment, such as chillers, emit tonal noise. Cyrus One Data Center – Preliminary Comments June 6, 2024 SE No. 2234 Page 2 of 2 Soundscape Engineering 3711 N. Ravenswood Ave., Ste. 104 • Chicago, IL 60613 • (312) 436-0032 729 W. Ann Arbor Trl., Ste. 150 • Plymouth, MI 48170 • (734) 418-8663 www.SoundscapeEngineering.com  Based on my noise control engineering experience, it should be possible for the Data Center Campus to comply with the City’s Noise Ordinance, if noise control is considered during the selection and siting of cooling equipment and power generators. Depending on siting and equipment types, noise control screening, compressor wraps, or other approaches may be needed for the outdoor cooling equipment and noise control enclosures and mufflers will most likely be needed for the generators. **END OF MEMORANDUM** APPLICATION INVOICE WORKSHEET United City of Yorkville 1SBJSJF1PJOUF%SJWF Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us INVOICE & WORKSHEET PETITION APPLICATION CONCEPT PLAN REVIEW Engineering Plan Review deposit $500.00 Total: $ AMENDMENT Annexation Plan Plat P.U.D. $500.00 $500.00 $500.00 $500.00 Total: $ ANNEXATION $250.00 + $10 per acre for each acre over 5 acres Total: $ # of Acres Acres over 5 Amount for Extra Acres Total Amount REZONING $200.00 + $10 per acre for each acre over 5 acres Total: $ If annexing and rezoning, charge only 1 per acre fee; if rezoning to a PUD, charge PUD Development Fee - not Rezoning Fee ____________ - 5 = ____________ x $10 = ____________ + $200 = $ ____________ # of Acres Acres over 5 Amount for Extra Acres Total Amount SPECIAL USE $250.00 + $10 per acre for each acre over 5 acres Total: $ ____________ - 5 = ____________ x $10 = ____________ + $250 = $ ____________ # of Acres Acres over 5 Amount for Extra Acres Total Amount ZONING VARIANCE $85.00 + $500.00 outside consultants deposit Total: $ PRELIMINARY PLAN FEE $500.00 Total: $ PUD FEE $500.00 Total: $ FINAL PLAT FEE $500.00 Total: $ ENGINEERING PLAN REVIEW DEPOSIT Less than 1 acre Over 1 acre, less than 10 acres Over 10 acres, less than 40 acres Over 40 acres, less than 100 acres Over 100 acres $5,000.00 $10,000.00 $15,000.00 $20,000.00 $25,000.00 Total: $ OUTSIDE CONSULTANTS DEPOSIT Legal, land planner, zoning coordinator, environmental services Total: $ For Annexation, Subdivision, Rezoning, and Special Use: Less than 2 acres Over 2 acres, less than 10 acres Over 10 acres $1,000.00 $2,500.00 $5,000.00 TOTAL AMOUNT DUE: x x x x 500.00 500.00 10,000.00 5,000.00 18,750.00 ____________ - 5 = ____________ x $10 = ____________ + $0 = $ ____________280 275 2,750 2,750 2,750.00 APPLICATION INVOICE WORKSHEET United City of Yorkville 1SBJSJF1PJOUF%SJWF Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us INVOICE & WORKSHEET PETITION APPLICATION CONCEPT PLAN REVIEW Engineering Plan Review deposit $500.00 Total: $ AMENDMENT Annexation Plan Plat P.U.D. $500.00 $500.00 $500.00 $500.00 Total: $ ANNEXATION $250.00 + $10 per acre for each acre over 5 acres Total: $ # of Acres Acres over 5 Amount for Extra Acres Total Amount REZONING $200.00 + $10 per acre for each acre over 5 acres Total: $ If annexing and rezoning, charge only 1 per acre fee; if rezoning to a PUD, charge PUD Development Fee - not Rezoning Fee ____________ - 5 = ____________ x $10 = ____________ + $200 = $ ____________ # of Acres Acres over 5 Amount for Extra Acres Total Amount SPECIAL USE $250.00 + $10 per acre for each acre over 5 acres Total: $ ____________ - 5 = ____________ x $10 = ____________ + $250 = $ ____________ # of Acres Acres over 5 Amount for Extra Acres Total Amount ZONING VARIANCE $85.00 + $500.00 outside consultants deposit Total: $ PRELIMINARY PLAN FEE $500.00 Total: $ PUD FEE $500.00 Total: $ FINAL PLAT FEE $500.00 Total: $ ENGINEERING PLAN REVIEW DEPOSIT Less than 1 acre Over 1 acre, less than 10 acres Over 10 acres, less than 40 acres Over 40 acres, less than 100 acres Over 100 acres $5,000.00 $10,000.00 $15,000.00 $20,000.00 $25,000.00 Total: $ OUTSIDE CONSULTANTS DEPOSIT Legal, land planner, zoning coordinator, environmental services Total: $ For Annexation, Subdivision, Rezoning, and Special Use: Less than 2 acres Over 2 acres, less than 10 acres Over 10 acres $1,000.00 $2,500.00 $5,000.00 TOTAL AMOUNT DUE: x x x x 500.00 500.00 10,000.00 5,000.00 18,750.00 ____________ - 5 = ____________ x $10 = ____________ + $0 = $ ____________280 275 2,750 2,750 2,750.00 1 STATE OF ILLINOIS ) ) COUNTY OF KENDALL ) ) UNITED CITY OF YORKVILLE ) PETITION FOR SPECIAL USE AND PLANNED UNIT DEVELOPMENT APPROVAL THE UNDERSIGNED Petitioner, C1 Yorkville, LLC, a Delaware limited liability company (hereinafter the “Petitioner”), respectfully petitions the United City of Yorkville (the “City”) to grant a special use for planned unit development with development allowances as detailed on the plans submitted herewith for the Property (as defined below). BACKGROUND INFORMATION 1. The owner of the Property is Yorkville Nexus LLC, an Illinois limited liability company (“Owner”); 2. The Petitioner is C1 Yorkville, LLC, a Delaware limited liability company, having an office located at 2820 N. Harwood Street, Suite 2200, Dallas, TX 75201. 3. Petitioner is the contract purchaser of the Property or is an affiliated entity of the contract purchaser of the Property; 4. The Property consists of +/- 228 acres located at the northeast corner of Eldamain Road and Faxon Road in the City, which property is legally described on Exhibit A, attached hereto and made a part hereof (the “Property”) and depicted on the Preliminary PUD Plan attached as Exhibit B (hereinafter the “Preliminary Plan”); 5. The Property was originally annexed to the City pursuant to Ordinance No. 2005- 48 on May 24, 2005; 6. The Property is zoned M-2 General Manufacturing District under the Unit City of Yorkville Unified Development Ordinance (the “Code”); 2 7. Petitioner seeks to develop the Property as a secure data center campus with an onsite electrical substation (the “Data Center Campus”) as generally depicted on the Preliminary Plan; 8. The Data Center Campus will be developed in phases, over what Petitioner estimates to be a ten to twenty year period; 9. The planned unit development will establish standards which will govern the phased development of the Data Center Campus; 10. As a Data Center Campus, the Property will be used for up to nine (9), stand-alone building facilities comprised of networked computers, storage systems, and computing infrastructure used to assemble, process, store and disseminate data, along with an onsite electrical substation to provide electricity to such facilities; and 11. Petitioner has submitted the appropriate supporting details for approval of the special use and Planned Unit Development as set forth herein. PROJECT SUMMARY Petitioner is a wholly owned subsidiary of CyrusOne. CyrusOne is a leading global data center developer and operator specializing in delivering state-of-the-art digital infrastructure solutions that serve some of the world’s foremost technology companies. CyrusOne currently owns and operates a multi-building data center campus in Aurora at 2905 Diehl Road (hereinafter the “C1 Facility”). The C1 Facility, purchased by an affiliate of CyrusOne in 2016 and expanded in subsequent years, is a collection of mission-critical buildings that have been a welcome addition to the City of Aurora, ultimately leading to significant additional development in the area. The data center’s use is low-impact in terms of demand on public resources, but generates significant tax revenues due to the unique electric demands of the facility. 3 The proposed Data Center Campus, as depicted on the Preliminary Plan, will allow CyrusOne to expand its footprint in the Chicagoland region beyond its existing C1 Facility for the express purpose of meeting the growing demand of its customer base. The relative proximity of the regional facilities will provide an efficient operation for both the operator of the facility and for tenants who intend to expand into the new Data Center Campus. Located on approximately 228 acres, the proposed Data Center Campus will consist of up to nine (9) separate data center building facilities and an electrical substation. Improvements to the Data Center Campus will be constructed in up to nine (9) phases as generally depicted in the Preliminary Plan. In the first phase of construction, Petitioner will install all necessary utilities and site infrastructure to service the first phase of the project, including the electrical substation, as well as building 4, detention ponds 3 and 5, the primary access road and security checkpoint, as well as on-site parking for building 4 and perimeter fencing for the Data Center Campus. Construction of each building generally requires approximately one (1) year to eighteen (18) months to bring online. Petitioner estimates that the ultimate build-out of the Data Center Campus will take ten to twenty years, depending on market conditions. There are up to four (4) secure points of access to the Data Center Campus. Two (2) of access points are intended to exclusively service the onsite electrical substation, which will generate very infrequent traffic. These access points will be locked, only providing access to ComEd officials and EMS teams. The substation access points are located at the northeast and northwest corners of the Property, providing alternative access from Beecher Road and Eldamain Road. If it is determined that ComEd requires only one access point to the substation. then one of the two (2) access points may be eliminated. 4 The buildings within the Data Center Campus will be accessed exclusively from the two southern access points on Eldamain Road. The central access driveway will serve as the primary means of ingress and egress to the buildings. This driveway will be improved with a guard stand and a series of gates to maintain necessary levels of security within the Data Center Campus. This primary point of access allows a vehicle to enter the campus through an automatic, electric fence, wherein identification and access credentials are required at a security checkpoint to proceed through in order to access the buildings within the Data Center Campus. Visitors who are not granted access to the campus are directed to exit the premises through the southwesternmost access drive back to Eldamain Road. The internal pavement section north of the southwesternmost access point provides ample room to facilitate security operations without negatively impacting traffic on the public roadway (Eldamain Road). To secure the Data Center Campus, Petitioner proposes an approximately eight foot (8’) perimeter security fence as delineated on the Preliminary Plan. A spec for the security fence is included with the submittal materials. The security fence will also encompass the proposed electric substation. Like the C1 Facility, the façade of the buildings to be constructed on the Data Center Campus incorporate architectural treatment atypical of traditional warehouse or industrial buildings. The proposed glazing, façade articulation, precast concrete walls and metal building components are representative of the extraordinary investment in the campus, which consists of nine (9) buildings, the first of which is anticipated to come online in 2026, subject to power availability, with each subsequent building completed each year thereafter. The building height is measured at fifty feet (55’) to the surface of the flat roof, a spec of which is included with the submittal materials. Rooftop equipment extends up to a maximum height of 75 feet. The actual and specific heights of the buildings and rooftop equipment will vary over time as changes are 5 made to CyrusOne’s standard building specifications or if other specific building changes are dictated by their customers. STANDARDS FOR SPECIAL USE APPROVAL FOR A PLANNED UNIT DEVELOPMENT PURSUANT TO UDO SECTION 10-8-5. D. 1. The establishment, maintenance or operation of the Special Use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare. The proposed development of the Property as a Data Center Campus will promote the public health, safety, morals, comfort and general welfare of the City. The Property was originally annexed and zoned in the City in 2005. Despite the underlying zoning, the Property has sat fallow, without productive use consistent with the underlying zoning district for nearly 20 years. The proposed use of the Property as a Data Center Campus is a permitted use consistent with the underlying zoning. The proposed development of the Property will facilitate substantial investment in the City that will produce new construction jobs, long-term employment opportunities, and significant new tax revenue streams. The investment in the Data Center Campus will establish the City as a competing regional leader in data center capacity for future tenants and position the community as an employment base within a new and growing sector of the economy. 2. The Special Use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within or near the neighborhood in which it is to be located. The parcel to the north of the Property is located in unincorporated Kendall County and is occupied by ComEd for use as a transfer station, aligning with the proposed location of the electric substation to be constructed in connection with the Data Center Campus. The parcel to the west of the Property is beyond the jurisdictional boundaries of the City, located within the City of Plano and occupied by Menards for warehousing purposes, aligning with the general manufacturing zoning use of the Property. The parcel to the south of the Property is located in unincorporated 6 Kendall County and is used for agricultural purposes. The parcel to the east of the Property was annexed to the City in 2023 and occupied by New Leaf Energy and used as a solar farm, which is compatible to other M-2 General Manufacturing uses. The proposed use of the facility, as a Data Center Campus, is a “permitted use” in the underlying zoning district. The development of a data center represents a unique level of investment. Data center developers are attracted to certain locations due to existing utility infrastructure. Still, existing infrastructure is typically insufficient to support the ultimate requirements of a data center (electric load in particular), so development of a data center typically entails significant new private investment in upgrades to utility infrastructure. The ultimate development, which is typically backed by institutional investment, results in uniquely high values within a sub-market. These values bolster revenue streams for local governmental jurisdictions that rely heavily on property taxes. By way of comparison, the C1 Facility has an assessed value of nearly $16,000,000, or approximately $350,000 per acre. Accordingly, the investment and accompanying Data Center Campus and electrical substation improvements Petitioner proposes to construct on the Property will vastly increase values of adjacent properties, not impair or diminish them. 3. The establishment of the Special Use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The City’s Code specifically identifies a “data center” as a “permitted use” in both the M- 1 and M-2 zoning districts. In other words, the City has already deemed a “data center” as an appropriate use of the Property. It is not the use of the Property as a “data center” that necessitates a “special use,” but it is Petitioner’s request for a planned unit development that establishes comprehensive standards for the phased development of multiple data centers within a campus- like setting that necessitates the special use. As Petitioner makes significant long-term investment 7 with the initial phase of development for the Data Center Campus, the special use for a planned unit development will provide Petitioner with a long-term guaranty that the standards for future phases of project are not subject to legislative change. The framework for development that is set forth in the planned unit development will not impede normal and orderly development of surrounding properties. Quite to the contrary, the planned unit development will provide a clear framework for the intended improvement of the Property thereby providing surrounding property owners with clear direction that may help facilitate the improvement of their properties. The City’s Comprehensive Plan, adopted in 2016, specifically references the development of the Property (referred to as the “Lincoln Prairie Industrial Properties”) in its vision strategy, stating that “..future Industrial development should occur as a planned industrial subdivision, similar to the Yorkville Business Center…”. The direction provided in the Comprehensive Plan aligns with the M-1 zoning of the Property. Both the Comprehensive Plan and the underlying zoning are consistent with the proposed development of the Property as a Data Center Campus. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or shall be provided. The Property is generally well-positioned in terms of access and utilities. The means of ingress/egress to the Data Center Campus is specifically outlined above. Based on Petitioner’s international experience with development of data center facilities, Petitioner believes that the proposed ingress/egress will sufficiently service the intended use of the Property. Internal to the Property, Petitioner has designed a series of drive aisles which are essential to the function and security requirements for the Data Center Campus. Due to the security associated with the Data Center Campus, all of these drive aisles will be privately owned, operated and maintained. The private ownership of this road network significantly reduces the development’s impact on public facilities, as the City will have no internal public roadway that it will be 8 responsible for owning and maintaining. Necessary and appropriate easements will be granted at final plat to ensure perpetual private rights of access and other utility easements, including water line easements as reflected on the Preliminary Plan. Petitioner’s civil engineer has designed a series of stormwater management basins consistent with applicable stormwater regulations. These stormwater management basins will be improved with native vegetation. The naturalized stormwater basins will provide open space and establish new habitat. The deep-rooted native vegetation will minimize erosion and promote infiltration, providing new ecological benefits. Petitioner is coordinating the extension of municipal sanitary and water services with City staff. The extension of these public services represents a significant up-front cost to be borne by Petitioner. While the cost of utility extensions will be subject to reimbursement, the size and scale of the investment undertaken by Petitioner is extraordinary. The Petitioner’s extension of public infrastructure will position other property in the area for additional investment. 5. Adequate measures shall be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. Based on Petitioner’s international experience with development of data center facilities, Petitioner designed an efficient and appropriately security means of ingress/egress to the Data Center Campus. The proposed ingress/egress utilizes a significant setback from the Eldamain right-of-way to ensure that queuing at the security entrance to the Data Center will not result in back-up of traffic onto the public streets. Internal to the campus, the drive aisles and gating systems are appropriately sized and spaced not only for traffic entering the campus, but to handle vehicles which are not admitted to the campus. Along Eldamain, the northernmost access to the substation is aligned with ingress/egress to the adjacent industrial development. The central and southern access points, which will handle ingress/egress to the buildings located in the Data Center 9 Campus, are appropriately spaces between competing access points. Petitioner has engaged a traffic engineer to prepare a traffic study to confirm capacity of the roadways. The traffic study will be provided to the City upon completion. 6. The proposed Special Use is not contrary to the objectives of the City’s adopted Comprehensive Plan. The City adopted its most current Comprehensive Plan in 2016. According to the Comprehensive Plan, to accomplish the future development of the City’s industrial areas, the community planning objectives include: (i) removing barriers to industrial area investment and facilitating development through the use of incentives and regulatory relief; (ii) concentrating industrial attraction efforts in near-term industrial areas, such as the Yorkville Business Center and the Fox Industrial Park; (iii) facilitating redevelopment of industrial areas to accommodate industrial uses of different sizes and to achieve more modern office park settings; and (iv) encouraging best practices in industrial building/park design, stormwater management, landscape buffering and placemaking. The Comprehensive Plan identifies five (5) industrial areas with developable land, which include the Property. By granting the special use for a planned unit development to permit the use and construction of the proposed Data Center Campus on the Property, the City is advancing the objectives of the Comprehensive Plan in facilitating industrial development through regulatory relief. Additionally, granting the special use for the development of the Data Center Campus accomplishes a long-range goal in the immediate future (reflected on Table 5.2) for the development of Healey Asphalt/Lincoln Prairie, given the “slack in demand” as expressly cited by the Comprehensive Plan. Furthermore, the Comprehensive Plan specifically references the development of the Lincoln Prairie Industrial Properties in its vision strategy, stating that “..future Industrial development should occur as a planned industrial subdivision, similar to the Yorkville Business 10 Center…”. Accordingly, the proposed Special Use is not contrary to the objectives of the City’s Comprehensive Plan, but further accomplishes its objectives in the near-term. REVIEW STANDARDS FOR APPROVAL OF PLANNED UNIT DEVELOPMENT PURSUANT TO UDO SECTION 10-8-8. E. 1. Plan and Policy Alignment. The Planned Unit Development is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City. As stated hereinabove, the proposed Planned Unit Development for the Data Center Campus is consistent with the objectives of the City’s Comprehensive Plan. The Comprehensive Plan specifically references the development of the Lincoln Prairie Industrial Properties in its vision strategy, stating that “..future Industrial development should occur as a planned industrial subdivision, similar to the Yorkville Business Center…”. By granting Petitioner’s request for a planned unit development, the City accomplishes this goal in the near term, much in advance of the long-term strategy outlined in it Comprehensive Plan. By approving development of the Property as a planned unit development, the City ensures the coordinated and thoughtful planning of a large-scale industrial property and establishes a framework for the type of phased investment that is generally required for a development of this size and scale. 2. Integrated Design with Identifiable Centers and Edges. The Planned Unit Development shall be laid out and developed as a unit in accordance with an integrated overall design, in which the various land uses function as a cohesive whole and support one another. The design shall provide identifiable centers, which form focus areas of activity in the development, and edges, which define the outer borders of the development, through the harmonious grouping of buildings, uses, facilities, public gathering spaces, and open space. The Preliminary Plan is laid out and shall be developed as a unit in accordance with an integrated overall design, in which the two (2) land uses function as a cohesive whole and support one another; one for the electric substation and the other for data center building uses. As reflected on the Preliminary Plan, a new electric substation will be developed as a critical component of the 11 project in order to provide the necessary electricity to the nine (9) phased buildings to be constructed on the Property. This design provides an identifiable center for which the substation is located. The focal areas of the project are the nine (9) data center buildings with allocated parking and access driveways, which form focus areas of activity. The edges of the Data Center Campus are defined by the access driveways and stormwater ponds the provide the necessary and appropriate drainage for the impervious surfaces and as required by the Code, creating a harmonious grouping of buildings, uses, facilities. 3. Public Welfare. The Planned Unit Development is designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare. The proposed development of the Property as a Data Center Campus as a Planned Unit Development will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare. The design and operation of data centers does not impact the vast supply of light or air. Notably, physical improvements to the Property are located toward the core of the Property. Planned setbacks are significantly greater than what is required under the zoning ordinance. Moreover, Petitioner has generally located open space in the form of stormwater detention basins around the perimeter of the Property. The proposed configuration of the buildings ensures that the planned unit development will not impair the supply of light and air nor increase the danger of fire to adjacent property. 4. Compatibility with Adjacent Land Uses. The Planned Unit Development includes uses which are generally compatible and consistent with the uses of adjacent parcels. If the uses are not generally compatible, all adverse impacts have been mitigated through screening, landscaping, public open space, and other buffering features that protect uses within the development and surrounding properties. 12 The establishment of Planned Unit Development for the Property consisting of the Data Center Campus is generally compatible with and consistent with the uses of adjacent parcels. As previously provided herein, the parcel to the north of the Property is located in unincorporated Kendall County and is occupied by ComEd for use as a transfer station, which aligns with the proposed location of the substation to be constructed in connection with the Data Center Campus. The parcel to the west of the Property is beyond the jurisdictional boundaries of the City and is located within the City of Plano, being used and occupied by Menard’s for warehousing purposes, aligning with the current general manufacturing and industrial zoning use of the Property. The parcel to the south of the Property is located in unincorporated Kendall County and is used for agricultural purposes. The parcel to the east of the Property is occupied by New Leaf Energy for a solar farm, which is considered by the City Code to be compatible to an industrial use. In connection with the development of the Property, building setbacks will significantly exceed City Code requirements. Perimeter landscaping and stormwater improvements will also create natural buffer feature, further protecting the current and future uses on adjacent properties. 5. Impact on Public Facilities and Resources. The Planned Unit Development is designed so that adequate utilities, road access, stormwater management, and other necessary facilities will be provided to serve it. The Planned Unit Development shall include such impact fees as may be reasonably determined by the City Council. These required impact fees shall be calculated in reasonable proportion to the impact of the Planned Unit Development on public facilities and infrastructure. The Planned Unit Development of the proposed Data Center Campus is designed so that adequate utilities, road access, stormwater management, and other necessary facilities will be provided to serve it. Petitioner’s civil engineer has designed a series of stormwater management basins, which will handle runoff from impervious surfaces. Roadway access has been discussed at length herein. While public utilities are not presently available at the Property, Petitioner and City staff have been coordinating on a plan to extend utilities to and through the Property. The 13 extension of public utilities through the Property represents a significant investment which will help position other properties in the immediate area for development. A new electric substation will be developed as a critical component of the project. The development of the proposed Data Center Campus as a Planned Unit Development will not pose a significant burden on public facilities and infrastructure, but will improve public facilities and infrastructure in a manner that will likely facilitate additional investment on nearby properties. 6. Archaeological, Historical or Cultural Impact. The Planned Unit Development does not substantially adversely impact an archaeological, historical, or cultural resource, included on the local, state, or federal register, located on or off the parcel(s) proposed for development. The proposed Data Center Campus as a Planned Unit Development does not substantially adversely impact an archaeological, historical, or cultural resource, included on the local, state, or federal register, located on or off the parcel(s) proposed for development. Petitioner has/will undertake necessary and appropriate studies to evaluate wetlands/waters, threatened/endangered species, and historical resources. Petitioner will coordinate necessary approvals with the City as a condition to the construction of improvements to the Property. REQUIRED DEVIATIONS FROM UNIFORM DEVELOPMENT ORDINANCE 1. Table 10-3-9(A) Bulk and Dimensional Standards. In accordance with the City’s Code, required setbacks are as follows: Front: 25’; Side: 20’; Rear: 0’. Petitioner seeks a deviation to measure setbacks only to the boundary of the Property. Petitioner anticipates future subdivision of the Property into multiple parcels and seeks a waiver of any setback requirement between property lines internal to the Property (i.e. between buildings 1 and 2). For purposes of applying setbacks, Eldamain Road shall be the front setback. Beecher Road shall be the rear setback. The north and south property lines of the Property shall be side yards. 2. Chapter 10-4-10 Energy Industrial Uses. Under the City’s Code, a data center is defined as an Energy Industrial Use. The City has not established specific use standards for Energy Industrial Uses, which include data centers. As such, the proposed Data Center Campus is not presently subject to any use standards under Chapter 4 of the City’s Code. No use 14 standards adopted after the approval of the planned unit development shall be applicable to the Property. 3. Table 10-5-1(H)(5) Minimum Parking Requirement. In accordance with the City’s Code, the minimum parking requirements are 0.3 spaces per 1,000 square feet. Petitioner hereby requests a variance from the Code to 0.2 spaces per 1,000 square feet. Petitioner’s average building is 287,400 square feet, requiring 57 spaces per building and is closely aligned with Petitioner’s actual need per building, calculated to be approximately 54 spaces per building. Parking within the Data Center Campus shall not be calculated on a lot-by- lot basis, but shall be shared between buildings/lots that comprise the Data Center Campus. To the extent that the security needs of a lot/building dictate that access to the parking for said lot/building is restricted solely for the use of the occupant of said building, the parking allocated to said lot/building shall not be counted toward the required minimum parking provided for the rest of the buildings in the Data Center Campus. 4. 10-5-1(F) Cross Access. The City’s Code requires cross access between adjoining developments. Given the unique security constraints associated with the use and operation of a Data Center Campus, all cross-access requirements shall be waived with respect to the Property. 5. 10-5-1 (N) Pedestrian Circulation. The City’s Code requires pedestrian walkways between buildings. Where appropriate, Petitioner will provide walkways between parking areas and building entrances and will comply with applicable ADA requirements; however, the Property will not be developed with pedestrian connections between buildings or for purposes of accessing open spaces. Petitioner seeks a waiver of requirements for pedestrian circulation, except as is necessary between a building and the parking areas intended to serve each building. 6. 10-5-1(O) Bicycle Parking. The City’s Code requires bicycle parking. The surrounding roadways and the use of the Property is not conducive to bicycle access and parking. Petitioner seeks a waiver of bicycle parking requirements. 7. 10-5-1 Q. Required Off-Street Loading Spaces. In accordance with the City’s Code, the number of off-street loading spaces is left to the discretion of the Zoning Administrator. Petitioner hereby requests the minimum standard be one (1) off-street loading space per Data Center Campus building located on the Property. 8. 10-5-3. Landscape. The City’s Code requires extensive landscape in and around parking lots and building areas as a means of improving the character of the community. In light of secured nature of the campus and potential conflicts between landscaping and the mechanical appurtenances unique to a Data Center Campus, Petitioner seeks to minimize 15 the amount of internal space allocated to landscape enhancements. In lieu of the City’s landscape requirements, Petitioner proposes standards as established in the landscape plan for the Property. 9. 10-5-4 (B) & 10-5-4 (C). Screening of Mechanical Units. The City’s Code requires screening of both ground-mounted and rooftop-mounted mechanical units. Due to the nature of the use of the Data Center Campus, the development will incorporate significant ground-mounted and rooftop-mounted mechanical units associated with each building in the Data Center Campus. Given the secured nature of the Data Center Campus and in lieu of the applicable Code requirements, Petitioner seeks to establish a standard for both ground-mounted and rooftop-mounted mechanical units: Ground Mounted: Vinyl fencing equal to the height of generator units but excluding any stacks protruding above the generator unit; Rooftop Mounted: mechanical penthouses shall not require screening. 10. 10-5-5. Fences. City Code establishes requirements for fencing, which includes a requirement that fencing shall not extend beyond the front plane of the primary building façade. Petitioner seeks approval of the fencing specification and the location of the fencing as specifically delineated on the Preliminary Plan. 11. 10-5-8(4). Appearance Standards, Industrial Uses. The City Code establishes standards for Industrial Buildings, including the requirement that any building greater than 100’ in length shall incorporate recesses along at least thirty percent (30%) of the length of the façade abutting a public street. In light of the significant setbacks incorporated in the layout of the Data Center Campus and the emphasis on open space around the roadway perimeter of the campus, the architectural standards are hereby waived so long as the buildings are constructed of masonry, pre-cast materials. 12. 10-7-2. Lots. The City’s Code requires all lots to abut a public street and reserves to the Planning and Zoning Commission and the City Council the ultimate approval of the size, shape and orientation of lots. Given the unique nature of the secure Data Center Campus, the City hereby waives the requirement for access on a public street and agrees to approve such future subdivision of the Property into individual units as Petitioner deems reasonably necessary and appropriate to facilitate the use, operation, maintenance, and disposition of the Property. 13. 10-7-3 and 10-7-4. The City’s Code establishes standards for the development of streets and circulation necessary for the development of property. The development of the Property does not include new streets and driveways internal to the development and shall be exempt from the requirements of these sections. 16 WHEREFORE, by reason of the foregoing, the undersigned Petitioner requests the City’s Plan Council, Economic Development Committee, Planning and Zoning Commission and City Council take the necessary and appropriate action to grant a special use for planned unit development with development allowances as detailed on the plans submitted herewith for the Property and pursuant to the appropriate provisions of the City’s Code. RESPECTFULLY SUBMITTED this 16th day of April, 2024 PETITIONER: C1 YORKVILLE LLC, a Delaware limited liability company Rosanova & Whitaker, Ltd. Attorney for the Petitioner 17 EXHIBIT A Legal Description of the Property PARCEL ONE: THAT PART OF THE SOUTH 1/2 OF SECTION 18 AND THE NORTHWEST 1/4 OF SECTION 19, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 18; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 1030.91 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST, 3352.25 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, TO A POINT ON THE NORTH RIGHT-OF- WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD, 844.76 FEET; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SECONDS WEST ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION 18, 231.91 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 852.71 FEET; THENCE NORTH 73 DEGREES 28 MINUTES 36 SECONDS WEST, 514.80 FEET TO THE SOUTH LINE OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 38 MINUTES 24 SECONDS WEST, ALONG SAID SOUTH LINE OF SAID SOUTHWEST 1/4 1816.32 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. PARCEL TWO: THAT PART OF THE SOUTH 1/2 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 1917.41 FEET, TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION, 3126.88 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 223.50 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, 886.50 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 33 SECONDS WEST, TO A POINT ON SAID WEST LINE, 3352.25 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE, 886.50 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. PARCEL THREE: THAT PART OF THE WEST 1/2 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 18; THENCE SOUTH 00 DEGREES 00 MINUTES 54 SECONDS EAST ALONG 18 THE WEST LINE OF SAID NORTHWEST 1/4, 1929.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 01 MINUTES 27 SECONDS EAST, 565.21 FEET; THENCE SOUTH 59 DEGREES, 16 MINUTES 25 SECONDS EAST 913.73 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 45 SECONDS EAST, 191.76 FEET; THENCE SOUTH 23 DEGREES 01 MINUTES 57 SECONDS EAST, 820.55 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 33 SECONDS WEST, TO A POINT ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION, SAID POINT BEING 1917.41 FEET NORTHERLY OF THE SOUTHWEST CORNER OF SAID SECTION AS MEASURED ALONG THE WEST LINE OF SAID SECTION, 1671.52 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE TO THE WEST QUARTER CORNER OF SAID SECTION, 722.59 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION, 702.00 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. PARCEL FOUR: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 18; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, ALONG THE NORTH AND SOUTH QUARTER LINE, 3437.83 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST, 223.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF THE EAST 1/2 OF SAID SECTION, 1102.80 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 12 SECONDS EAST, ALONG SAID EAST LINE TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE CHICAGO BURLINGTON AND QUINCY RAILROAD, 1423.23 FEET; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SECONDS WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT 231.91 FEET NORTHEASTERLY OF SAID QUARTER LINE AS MEASURED ALONG SAID NORTH RIGHT-OFWAY LINE, 1147.75 FEET; THENCE NORTH 00 DEGREES 08 MINUTES 07 SECONDS WEST, PARALLEL WITH SAID QUARTER LINE, 1731.26 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. COMMONLY KNOWN AS approximately 228 acres of vacant land located at northeast corner of Edamain Road and Faxon Road in Bristol Township, in unincorporated Kendall County PINs: 02-18-300-001; 02-18-300-002; 02-18-300-003; 02-18-300-004; 02-19-100-004; 02-19-100-005; and 02-18-400-004 19 EXHIBIT B Preliminary Plan (Attached) BEECHER ROADELDAMAIN ROADFAXON ROAD RAILRO A D WETWET WETWETW E T W E T WETWET 30.00' TYP. 75.00' TYP. 75.00' 1000.00' 800.00' +/-233.60' 275.40' 221.27' 129.78' 121.26' 30.00' 530.60' 30.00' 36.00 TYP. BUILDING 1 2 STORY DATA CENTER FFE=649.0 BUILDING 2 2 STORY DATA CENTER FFE=649.0 BUILDING 4 2 STORY DATA CENTER FFE=648.5 BUILDING 5 2 STORY DATA CENTER FFE=648.0 BUILDING 8 2 STORY DATA CENTER FFE=647.0 SUBSTATION (800' x 1000') FFE=648.5 BUILDING 9 2 STORY DATA CENTER FFE=647.0 BUILDING 3 2 STORY DATA CENTER FFE=648.5 BUILDING 6 2 STORY DATA CENTER FFE=647.5 BUILDING 7 2 STORY DATA CENTER FFE=647.0 POND 1 POND 2 POND 3 POND 4 POND 5 POND 6oooo o o o o o o o o oooooooo o o o o o o o o o o oo o o oooooooooooooooooooooo o o oo o o o o o ooooooCYRUS ONE - YORKVILLE, ILLINOIS - PRELIMINARY PUD PLAN SCALE:1" = 200' AT FULL SIZE (24x36) DATE: May 21, 2024 Project Area Current Colo Build Equipment Yard Stormwater Pond Wetlands Security Fenceooooo 150' PROPOSED FUTURE EASEMENT 50' SETBACK EASEMENT 50' SETBACK EASEMENT 30' WATER LINE EASEMENT 50' SETBACK EASEMENT30' WATER LINE EASEMENT 50' SETBACK EASEMENT 150' SETBACK EASEMENT 30' WATER LINE EASEMENT 60' SETBACK EASEMENT M-2 ZONING A-1 ZONING A-1 ZONING A-1 ZONING YORKVILLEPLANO UNINCORPORATED PROJECT SITE MUNICIPAL BOUNDARIES SITE DATA TOTAL SITE AREA 9,956,767.47 SF (228.57 AC +/-) MAX BUILDING HEIGHT N/A SETBACKS* FRONT (WEST) REQUIRED 25'-0" FRONT (WEST) PROVIDED 150'-0" REAR (EAST) REQUIRED 0'-0" REAR (EAST) PROVIDED 60'-0" SIDE (N + S) REQUIRED 20'-0" SIDE (N + S) PROVIDED 50'-0" TRANSITIONAL SIDE N/A *SETBACKS APPLY ONLY TO THE PERIMETER OF THE PROPERTY. IN THE EVENT THAT THE PROPERTY IS RESUBDIVIDED, THERE SHALL BE NO SETBACKS APPLICABLE TO INTERNAL LOT LINES. PARKING DATA CENTER PARKING RATIO 0.2 SPACES PER 1,000 SF REQUIRED PARKING (# SPACES)490 PROVIDED PARKING (# SPACES)432 ACCESSIBLE PARKING REQUIRED (# SPACES)9 ACCESSIBLE PARKING PROVIDED (# SPACES)27 COVERAGE MINIMUM LOT SIZE N/A MAXIMUM BUILDING COVERAGE 85% PROVIDED BUILDING COVERAGE 12.3% MAXIMUM SITE COVERAGE 85% PROVIDED SITE COVERAGE 35.6% MAXIMUM MAX FAR 85% PROVIDED SITE COVERAGE 24.6% FUTURE DEVELOPMENT BUILDING AREAS BUILDING #SIZE HEIGHT (TOP OF BUILDING) HEIGHT (TOP OF EQUIPMENT) BUILDING 1 287,400 SF 55'-0"70'-0" BUILDING 2 287,400 SF 55'-0"70'-0" BUILDING 3 287,400 SF 55'-0"70'-0" BUILDING 4 287,400 SF 55'-0"70'-0" BUILDING 5 287,400 SF 55'-0"70'-0" BUILDING 6 287,400 SF 55'-0"70'-0" BUILDING 7 287,400 SF 55'-0"70'-0" BUILDING 8 287,400 SF 55'-0"70'-0" BUILDING 9 152,000 SF 55'-0"70'-0" TOTAL 2,451,200 SF N/A N/A EMERGENCY ENTRANCE PRIMARY ENTRANCE ACM-3 ACM-3ACM-1 CP-2 PREFINISHED METAL COLLECTOR BOX AND DOWNSPOUT, TYP. LOUVERED METAL PANEL ENTRY CANOPY ALUMINUM CLIENT LOGO; EXTERIOR STOREFRONT ACM-2 8'-0" AMERISTAR FENCE; TYPICAL FOR ALL SERVICE YARD FENCING CP-2 CP-1 PAINTED METAL DOOR, TYP. STOREFRONT ENTRY DOOR CP-1 CP-2 CP-1 PRE- MANUFACTURED CANOPY ACM-3 ABS PAINTED METAL DOOR, TYP. CP-1 CP-2 SERVICE YARDCMU WALL AT SERVICE YARD LOADING DOCK OVERHEAD DOORS CP-2 CP-1 | TILT-UP CONCRETE PANEL PAINTED SHERWIN WILLIAMS SW 7075 WEB GRAY ELASTOMERIC COATED CP-2 | TILT-UP CONCRETE PANEL PAINTED BENJAMIN MOORE 2121-40 SILVER HALF DOLLAR ELASTOMERIC COATED ACM-1 | ALPOLIC COMPOSITE METAL PANEL MITSUBISHI CHEMICAL COMPOSITES MICA MNC CLEAR ACM-2 | ALPOLIC COMPOSITE METAL PANEL MITSUBISHI CHEMICAL COMPOSITES MZG MICA GREY ACM-3 | ALPOLIC COMPOSITE METAL PANEL MITSUBISHI CHEMICAL COMPOSITES PEX PEWTER METALLIC ABS | ACOUSTIC BARRIER SCREEN WALL As indicated EXTERIOR ELEVATIONS 2 NORTH/SOUTH EXTERIOR ELEVATION 1 EAST/WEST EXTERIOR ELEVATION --1/32" = 1'-0" -- LOGO SIGN ACM-3 ACM-1 CP-1 ABS ACM-2 8'-0" AMERISTAR FENCE; TYPICAL FOR ALL SERVICE YARD FENCING EXTERIOR STOREFRONT LOUVERED METAL PANEL ENTRY CANOPY PAINTED METAL DOOR, TYP. CP-2 CP-2SERVICE YARD CP-1 CP-2 8'-0" AMERISTAR FENCE; TYPICAL FOR ALL SERVICE YARD FENCING PAINTED METAL DOOR, TYP. CP-1 | TILT-UP CONCRETE PANEL PAINTED SHERWIN WILLIAMS SW 7075 WEB GRAY ELASTOMERIC COATED CP-2 | TILT-UP CONCRETE PANEL PAINTED BENJAMIN MOORE 2121-40 SILVER HALF DOLLAR ELASTOMERIC COATED ACM-1 | ALPOLIC COMPOSITE METAL PANEL MITSUBISHI CHEMICAL COMPOSITES MICA MNC CLEAR ACM-2 | ALPOLIC COMPOSITE METAL PANEL MITSUBISHI CHEMICAL COMPOSITES MZG MICA GREY ACM-3 | ALPOLIC COMPOSITE METAL PANEL MITSUBISHI CHEMICAL COMPOSITES PEX PEWTER METALLIC ABS | ACOUSTIC BARRIER SCREEN WALL As indicated EXTERIOR ELEVATIONS 1 EAST/WEST EXTERIOR ELEVATION 2 NORTH/SOUTH EXTERIOR ELEVATION --1/32" = 1'-0" -- AMERISTARFENCE.COM | 800-321-8724 FENCE PRODUCTS HIGH SECURITY STEEL PALISADE FENCING 2 Learn more online at ameristarfence.com or by calling 800.321.8724 AESTHETIC APPEAL. UNPARALLELED PROTECTION. Traditional security fences of chain link or wire mesh are no longer enough to meet todays increased security demands. Ameristar’s Impasse II security fence offers the resistive strength of heavy-duty steel pales secured vertically to a framework of specially formed rails and I-beam posts. The stylish design of the Impasse II, combined with its strength and security, provides a successful first line of defense. 3IMPASSE II ® | High Security Steel Palisade Fence AESTHETIC APPEAL. UNPARALLELED PROTECTION. Primary applications for Impasse II ornamental steel fence systems include: Military Sites Government Facilities Petroleum & Chemical Facilities Power Plants & Substations Airports Data Centers Ports of Entry Water Treatment & Storage j j j j j j j j 4 Learn more online at ameristarfence.com or by calling 800.321.8724 STRONGHOLD™ TRIDENT ™ The Impasse Trident pale rises above the topmost rail and terminates with a menacing triple-pointed splayed spear tip. The intimidating look of the Trident corrugated pale is a visual deterrent to any who would dare to intrude. 3-RAIL PANELS | 6', 7', 8', 9' & 10' HEIGHTS 2-RAIL PANELS | 6', 7' & 8' HEIGHTS The blunt, slightly rounded tip of the Stronghold offers strength when necessary, while providing safety and security to the general public. The Stronghold features the same structural configurations of its high-security counterparts. 3-RAIL PANELS | 6', 7', 8', 9' & 10' HEIGHTS 2-RAIL PANELS | 6', 7' & 8' HEIGHTS j j j j HIGH SECURITY STEEL PALISADE FENCE 5IMPASSE II ® | High Security Steel Palisade Fence ANTI-SCALE OPTION Gauntlet is designed with high-tensile steel corrugated pales that rise above the topmost rail with an outward curve and terminate with a triple-pointed splayed spear tip. The outward curved pales discourage attempts to gain access by would be intruders. 3-RAIL PANELS | 7', 8', 9' & 10' HEIGHTS 2-RAIL PANELS | 7' & 8' HEIGHTS j j 8¾" GAUNTLET ™ 2.75"w x 14ga PALES | 2" x 2" x 11ga RAILS | 3" x 2.75" x 12ga & 4" x 2.75" x 11ga I-BEAM POSTS The Impasse II Anti-Scale fence system has decreased pale spacing, which helps deter the assailant from climbing, and increases the delay time when trying to cut or pry through the fence. COLOR OPTIONS BLACK SANDBRONZE WHITE Custom colors also available 6 Learn more online at ameristarfence.com or by calling 800.321.8724 Impasse II is protected by the unique PermaCoat process. Our PRE-GALVANIZED STEEL BASE MATERIAL is subjected to an 11-STAGE PROCESS to cleanse & prepare the steel for a DUAL TOP-COAT FINISH. PermaCoat’s corrosion resistant abilities far surpass those of painted surfaces and have a “no-mar” polyester powder top coat. This dual coating not only provides RESISTANCE FROM WEATHERING but also reduces scratch & burnishing marks typically encountered during shipping. EPOXY POWDER COAT Epoxy powder is electrostatically applied EPOXY GEL OVEN Powder is gelled & cured to finish coat FINISH CURING OVEN Seals finish for years of maintenance free use POLYESTER POWDER TGIC powder is electro-statically applied 4 PHOSPHATE RINSE Corrosion resistant layer that assists in bonding powder coating CLEAR WATER RINSE A bit of clean H2O to prep for the next phase ALKALINE WASH Cleans metal for proper adhesion of zinc phosphate 1 2 8 9 10 11 3 4 FIXIDINE RINSE Rinses excess alkaline prior to zinc phosphate application DOUBLECOATINGPRE-TREATMENT PERMACOAT ™ 7IMPASSE II ® | High Security Steel Palisade Fence ONCE COMPLETED, THESE 7-STAGES WILL HAVE REMOVED EVERYTHING FROM THE SURFACE OF THE STEEL THAT MIGHT INHIBIT THE FINISH FROM PROPERLY ADHERING DURING THE NEXT 4-STAGES OF THE COATING PROCESS.CORROSIONTESTING5 6 7 DRYING OVEN Eliminates all moisture prior to double coating CLEAR WATER RINSE Final wash in H2O to remove any excess debris or particles NON-CHROMATE SEAL Barrier to prevent moisture from reaching base metal 3,500 HOURS PERMACOAT PROCESS Zinc Phosphate + Epoxy Powder Coat + Polyester Powder Coat 1,500 HOURS SINGLE COAT PROCESS Zinc Phosphate + Polyester Powder Coat 200 HOURS SINGLE COAT PROCESS Iron Phosphate + Polyester Powder Coat 168 HOURS PRIMED & PAINTED STEEL 100 HOURS PAINTED STEEL Corrosion occurs more easily without the proper preparation & protection, which is why Ameristar has put our fence products to the test based on ASTM B117 standards. The results speak for themselves. 8 Learn more online at ameristarfence.com or by calling 800.321.8724 Impasse II panels and posts are manufactured using HIGH-TENSILE PRE-GALVANIZED G-90 STEEL. Each component has been ROLL-FORMED into a unique profile that yields significant strength properties. Impasse II’s distinct design enables the fence to TRAVERSE AGGRESSIVE CHANGES IN GRADE IN ORDER TO MAINTAIN SECURITY along any perimeter. Each connection point of the Impasse II system is secured with TAMPER-PROOF FASTENERS providing the HIGHEST LEVEL OF SECURITY & VERSATILITY. PERMACOAT ™ PRIVACY SCREENING OPTION A security fence should cover multiple aspects of perimeter security, which is why Ameristar created the steel privacy screening option for its Impasse high security fence system. Secured by each adjacent pale, the overlapping design achieves the maximum level of opacity for visual screening. FASTENER Security fastener prevents tampering or removal by typical tools POST CAP Cast aluminum cap adds beauty and provides closure I-BEAM POST Specifically formed I-beam; pre-punched for rail attachment with pass through integrated design features HIGH STRENGTH RAIL Specifically formed for strength through architectural shape; lower lip contoured to conceal & carry security elements such as anti-ram cabling, IDS, etc. STEEL PALES Specifically formed high strength corrugated architectural shape resists prying or bending; bolt holes are recessed to prevent bolt head from chiseling Impasse II Gauntlet shown IMPASSABLE DESIGN 9IMPASSE II ® | High Security Steel Palisade Fence PRIVACY SCREENING OPTION When installing these security elements use Impasse II as a platform: Communication & Video Cables Intrusion Detection / Fiber Optic Cables Access Control Wiring Conduits Anti-Ram Cabling (Stalwart IS) j j j j j DESIGN INTEGRATION The Impasse II framework is a raceway for wiring, conduits & security cabling required around the perimeter of a project. 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LEGEND ★ Ameristar Headquarters ● Sales & Service Centers #9718 | REVISED 10/2021 JYJ LLC Peter Cheryl Schmit Miguel Sandra E Camcho New Leaf Energy Brummel Family Trust 4 Beecher RdEldamain RdFa x o n R d Faxon Rd F a x o n R d Copyright nearmap 2015 Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 Cyrus One Roadway Reconstruction Requiremen tswww.eeiweb.com DATE DATE: PROJECT NO.: FILE: PATH: BY: MAY 2024 YO2426 KJD NO.REVISIONS ³United City of Yorkville651 Prairie Pointe Dr, Yorkville, IL 60560630-553-4350www.yorkville.il.us 0 1,100550 Feet YO2426_Cyrus_One H:\GIS\Public\Yorkville\2024\YO2426\YO2426_Cyrus_One.mxd Roadway Reconstruction Roadway Reconstruction Cyrus One I have reviewed the applications for Planned Unit Development (PUD) and Preliminary PUD Plan received April 16, 2024 as submitted by C1 Yorkville, LLC, Petitioner, as well as conceptual Preliminary PUD Plan site plan prepared by Olsson dated April 15, 2024 and exterior building elevations prepared by Corgan. The petitioner is seeking approval of a special use for Planned Unit Development and Preliminary PUD Plan for the construction of secured data center campus and on-site substation on approximately 228- acres of land located at the northeast corner of Faxon Road and Eldamain Road, formerly known as Lincoln Prairie. The site will consist of up to nine (9) standalone buildings used for networked computers, storage systems and computing infrastructure and six (6) on-site stormwater basins to be developed in phases over a 10-20 year period. Based upon my review of the application documents and preliminary site plans, I have compiled the following comments: GENERAL PUD/ZONING COMMENTS: 1.PLANNED UNIT DEVELOPMENT STANDARDS –Section 10-8-8 of City’s Unified Development Ordinance (UDO) establishes standards for Planned Unit Development (PUDs). PUDs are allowed to modify standards of the base district as long as the requested modifications are specifically identified and demonstrates how each allowance is compatible with surrounding development, is necessary for proper development of the site, and is aligned with at least one (1) modification standard found in Section 10-8-8D of the UDO. a. The petitioner has listed thirteen (13) proposed deviations from the base M-2 General Manufacturing District standards which will be detailed separately in this review memo under subsequent headings. b. The petitioner has not identified at least one (1) modification standard the proposed PUD will meet per Section 10-8-8D. i. Staff believes modification standard #12 “Regional Utility Improvements” applies, as the proposed development will extend public utilities (water and sanitary) to and through the property resulting in recapturable payments to the developer when future property owners in the area benefit from connecting to such utility that had not previously existed. ii.Does the petitioner think any other modification standards apply? If so, please provide a written statement identifying the standard and how it is being met by the proposed development. c. Petitioner has provided written responses to the standards for special use and for Planned Unit Development (PUD) which will be entered into the record during the public hearing process. Memorandum To: Plan Council From: Krysti Barksdale-Noble, Community Development Director Date: May 6, 2024 Subject: PZC 2024-15 C1 Yorkville - Cyrus One (Preliminary PUD Plan) NE Corner of Faxon Road & Eldamain Road (fka Lincoln Prairie) Proposed Data Center Campus and On-Site Substation Development 2.ZONING - The subject property consists of seven (7) parcels (#02-18-300-004, #02-19-100- 004, #02-19-100-005, #02-18-300-003, #02-18-300-001, #02-18-300-002, and #02-18-400- 004) and is zoned M-2 GENERAL MANUFACTURING DISTRICT, per Annexation Agreement of Lincoln Prairie Yorkville (Ordinance No. 2005-48). The following are the current immediate surrounding zoning and land uses: Zoning Land Use North A-1 (Kendall County)ComEd Substation/Transfer Station - Utility Use South A-1 (Kendall County) BNSF Railroad Agricultural, Residential and Business Uses Transportation Land Use East A-1 SU (Kendall County) A-1 SU (Yorkville) Agriculture/Residential Land Use Agriculture & Solar Farm (approved) Land Use West Eldamain Road M-2 General Manufacturing (Plano) Transportation Land Use Menards Distribution Center 3.PERMITTED USES – Per Table 10-3-12 (B) of the Yorkville Unified Development Ordinance (UDO), “data center” and “electric substation” are permitted land uses in the M-2 General Manufacturing District. Data centers are defined as Energy Industrial Uses per Table 10-3-12(B) in the Unified Development Ordinance. a. Use standards for Energy Industrial Uses are reserved for future regulations, if ever approved, under Section 10-4-10 in the Unified Development Ordinance. The petitioner is seeking waiver of future standards adopted being applicable to this subject property after adoption of the Planned Unit Development (Deviation #2). Staff is supportive of this request. PRELIMINARY PUD PLAN COMMENTS: 4.PRELIMINARY PLAN APPROVAL – Per Section 10-8-6. Subdivision Procedures of the Unified Development Ordinance, approval of the Preliminary Plan is tentative only and shall be effective for a period of twelve (12) months. However, Section 10-8-8-H of the Unified Development Ordinance Expiration and Lapse of Approval states, any Planned Unit Development in which there has been no Building Permit issued nor any portion of the property platted after three (3) years since approval by the City Council, the Planned Unit Development shall be considered null and void and shall be brought back before the Planning and Zoning Commission and the City Council for consideration prior to any development on the property. The underlining zoning of the Planned Unit Development shall not expire, only the Planned Unit Development overlay shall expire. a. Therefore, staff interprets the expiration of the Preliminary PUD Plan is three (3) years after approval of the Planned Unit Development if no portion of the property is final platted. 5.PROPOSED PHASING SCHEDULE –The petitioner has proposed to develop the subject property in nine (9) phases and provided a phasing schedule table as depicted on the Preliminary PUD Plan. a. The table is illegible (even when zoomed in) on the Preliminary PUD Plan compared to the other tables provided. Please resubmit the Preliminary PUD Plan with a legible Proposed Phasing Schedule table. 6.BUILDING SETBACKS –Per the Table 10-3-9(A) Bulk and Dimensional Standards, the following compares current M-2 General Manufacturing District standards with the proposed Planned Unit Development (PUD) requested modifications (Deviation #1): BUILDING SETBACKS REQUIRED MINIMUM SETBACKS M-2 DISTRICT PROPOSED MINIMUM SETBACKS PUD PLAN* FRONT YARD (Eldamain Road) 25’ 150’ SIDE YARD (North/South)Min. 10% of lot/Max. 20’ 50’ REAR YARD (Beecher Road)0’ 60’ *The petitioner is seeking to have the setbacks apply only to the boundary/perimeter of the subject property rather than each individual building on the site, although the petitioner anticipates subdividing the subject parcel into multiple lots. For the purposes of the perimeter setbacks, the petitioner is requesting Eldamain Road is the established front yard and Beecher Road is the established rear yard. a. Staff is not opposed to the request for the minimum building setbacks apply only to the perimeter of the overall subject property, however future plat of subdivisions will be required City approval. Therefore, is the petitioner seeking a zero (0) foot building setback for all yards on the future plats, as Section 10-8-6-C-6.c(6) of the Unified Development Ordinance requires building setback lines on all lots? 7.MAXIMUM BUILDING HEIGHT - The M-2 District does not have a maximum building height per Table 10-3-9(A) in the Unified Development Ordinance. However, the petitioner has provided overall building heights for each proposed building to top of building and top of equipment. All proposed buildings will not exceed 55’ to top of structure and 70’ to top of equipment. 8.MAXIMUM LOT COVERAGE – Per Section 10-3-9(A) of the Unified Development Ordinance, the maximum lot coverage for the M-2 District (inclusive of sidewalks, parking areas and all impervious surfaces) is 85% of the gross lot area. According to the Site Data Table on the Preliminary PUD Plan, lot coverage calculations are provided as 12.3% (building coverage), 35.6% (site coverage), and 24.6% (site coverage). a.Please verify the actual proposed total site coverage (35.6% or 24.6%). 9.PARKING - According to the Preliminary PUD Plan submitted, there are 432 total parking spaces to be provided on the property to accommodate the proposed nine (9) building data center campus and electric substation uses. a. Per Table 10-5-1(H)(5) Minimum Parking Requirements of the Yorkville Unified Development Ordinance, staff would classify the data center campus for the purposes of off-site parking as an industrial use, which requires a minimum of 0.3 parking spaces per 1,000 sq. ft. of net floor area (NFA). While there is no specific information provided as to the individual proposed buildings, the petitioner estimates the average building size will be ~287,400 sq. ft. requiring ~87 parking spaces per structure, including four (4) ADA accessible spaces per building. Total required parking for the subject property is 736 spaces, including 15 ADA accessible spaces (2%). Additionally, per Section 10-5-1K-1 of the Unified Development Ordinance, a minimum of 15 electric vehicle charging stations is required. i. The petitioner is requesting a variance from the UDO required 0.3 spaces per 1,000 to 0.2 spaces per 1,000, resulting in a per building estimated parking space calculation of 58 spaces (UDO requires rounding up of all fractions) or 491 spaces for the overall site. Required ADA accessible parking is 9. The petitioner is asking a further reduction of this calculation to 432 spaces for the entire site with 27 spaces dedicated for ADA parking (Deviation #3). ii. Staff is not opposed to the requested shared parking request and proposed reduction in off-street parking, but since off-street parking requirements are calculated by net floor area (NFA), the petitioner may be closer to the 491- parking space minimum than the 736 minimum space requirements. Therefore, staff recommends establishing a minimum parking standard in the PUD ordinance of no less than 400 off-street parking spaces for the data center campus based off of net floor area and a minimum of ten (10) electric vehicle charging stations. iii.Additionally, since the applicant is requesting relief from the minimum required off-street parking, the difference in provided parking and required parking based off of net floor area shall be subject to Section 10-5-1-I Fee-In-Lieu of Off-Street Parking. b. Access – It is noted that the site has access four (4) points of access. Three (3) off of Eldamain Road and one (1) off of Beecher Road. These access points lead to internal private roadways which loop around the nine (9) proposed buildings and connect to the electric substation. i. It is noted that two (2) of the access points located at the northeast and northwest corners of the subject property are intended exclusively for the user, ComEd, and emergency medical services (EMS) to the electrical substation. These access points will also be locked with alternative access points from Beecher Rod and Eldamain Road. Should ComEd not require both access points, one of the access points may be eliminated. ii.Staff defers to City Engineer regarding site access. c. Cross Access – Per Section 10-5-1-F of the Unified Development Ordinance, the petitioner is seeking relief from the providing cross access between adjoining developments which minimizes access points along streets, encourages shared parking, and allows for vehicular access between land uses (Deviation #4). i. According to Section 10-5-1-F-2-c The Zoning Administrator may waive or modify the requirement for vehicular cross access on determining that such cross access is impractical or undesirable because it would require crossing a significant physical barrier or environmentally sensitive area, would create unsafe conditions, or there exists an inability to connect to adjacent property. City Council shall have the authority to waive or modify vehicular cross access requirements for all public review processes involving review by City Council. Staff supports the waiver. d. Pedestrian Circulation – Per Section 10-5-1-N Pedestrian Circulation Standards of the Unified Development Ordinance required off-street parking areas to on-site pedestrian circulation systems and connection to existing and future planned trails. The petitioner states that walkways between parking areas and building entrances will be provided on-site, however they seek a waiver for public access and connection to public sidewalks and bicycle trails due to the nature and security of the proposed land use (Deviation #5). i. According to Section 10-5-1-N-5, the Zoning Administrator may waive this requirement upon determining that no walkway exists, a future walkway is unlikely to exist, or such connection would create a safety hazard.Staff supports the waiver. e. Bicycle Parking – Per Section 10-5-1-O-2 of the Unified Development Ordinance to provision of bicycle parking is encouraged, not required, and if utilized on a development site will allow for a reduction of required off-street parking. The petitioner is seeking a waiver to not provide off-street bicycle parking (Deviation #6). i.No waiver required as it is a parking bonus mechanism, not a requirement. f. Off-Street Loading – Per Section 10-5-1-Q of the Unified Development Ordinance, the number of off-street shall be determined on a case-by-case basis, and in the instance of special uses, loading berths adequate number and size to serve such use, as determined by the Zoning Administrators, shall be provided. The petitioner requests a minimum of one (1) off-street loading space per data center campus building on the subject property (Deviation #7). i.Staff supports the request. 10.LANDSCAPING – Section 10-5-3 establishes landscape standards for new developments. While the petitioner has not submitted a landscape plan, they are seeking relief from the minimum requirements (Deviation #8). a. Per staff’s review, the following sections of the Landscape Plan would apply: i. Section 10-5-3-C. Building Foundation Landscape Zone - All nonresidential, mixed-use, and multi-family development where a front yard setback is required, with the exception of food processing facilities regulated by the FDA, shall include landscape located at the building foundation as required by this section. Landscape required by this section shall be in addition to landscape required under other sections of this title. It is the objective of this section to provide a softening effect at the base of buildings. ii. Section 10-5-3-D. Parking Area Perimeter Landscape Zone - Landscape required by this section shall be in addition to landscape required under other sections of this title. It is the objective of this section to provide screening between off-street parking areas and rights-of-way, and to provide for the integration of stormwater management with required landscaping iii. Section 10-5-3-E. Parking Area Interior Landscape Zone - All off-street parking areas shall include landscape and trees located within the off-street parking area as required by this section. Trees and landscape required by this section shall be in addition to trees and landscape required under other sections of this title. It is the objective of this section to provide shade within parking areas, break up large expanses of parking area pavement, support stormwater management where appropriate, improve the appearance of parking lots as viewed from rights-of-way, and provide a safe pedestrian environment. iv. Section 10-5-3-F. Transition Zone Landscape Requirements - Transition zone landscape shall be required along interior side and rear property lines of all nonresidential, mixed use, and multi-family development. It is not expected that the transition area will totally screen such uses but rather will minimize land use conflicts and enhance aesthetics. b.Staff does not support a blanket variance to the Landscape Standards until a plan is submitted or specific details are provided on requested deviations. i.See comments under #19 Comprehensive Plan regarding a rural character buffer along Eldamain Road. 11.MECHANICAL SCREENING –Per Section 10-5-4 Screening of the Unified Development Ordinance, ground/wall-mounted and roof mounted mechanical units that are visible from any public right-of-way or adjacent residential property shall be screened from public view. Petitioner is seeking to establish standards for screening both types of mechanical units (Deviation #9). a. Petitioner proposes to screen ground mounted mechanical equipment with vinyl fencing equal to the height of the generator units but excluding any stacks protruding above the unit. No screening is proposed for rooftop mechanical units. i.Since most units may not be visible from the public way due to the location, setback and landscaping provided on the site, staff is supportive of the request. 12.FENCING – Per Section 10-5-5-B-1 of the Unified Development Ordinance states fences may be built up to the property line but shall not extend beyond the front plane of the primary building facade in residential and business districts. Maximum height for fencing in manufacturing districts is eight (8) feet. a. Petitioner has provided a manufacturers brochure of proposed high security steel fencing. They are requesting to have this security fencing extend beyond the front plane of the primary building façade (Deviation #10). i.Since the fence placement requirement only applies to residential and business district uses, staff is supportive of the request as this property is within a manufacturing district. ii.Staff understands that the fences will be locked with access (assuming via a Knox Box) to ComEd officials and EMS teams (assuming Bristol Kendall Fire District and Yorkville Police Department). iii.Staff requests the petitioner provide the proposed height of the security fencing. 13.APPEARANCE STANDARDS – Per Section 10-5-8-C-4 Industrial Uses masonry products or precast concrete shall be incorporated on at least fifty (50) percent of the total building, as broken down as follows: The "front facade" (defined as that facade that faces a street that includes a main entry to the building) shall itself incorporate masonry products or precast concrete on at least fifty (50) percent of the facade. Any other facade that abuts a street shall incorporate masonry products or precast concrete. The use of masonry products or precast concrete is encouraged on the remaining facades. Where precast concrete panels or split face block is utilized, the use of colors, patterns, or other architectural features within these panels/blocks is encouraged. a. The petitioner has submitted exterior building elevations depicting structures with materials such as concert panels, metal panels, and acoustic barrier screen walls in hues of gray and pewter. The proposed materials and color palette are consistent with the Appearance Standards. b. Further, Section 10-5-8-C-4b.(2) requires industrial buildings with facades greater than one hundred (100) feet in length shall incorporate recesses, projections, windows, or other ornamental/architectural features along at least thirty (30) percent of the length of the facade abutting a public street in an effort to break up the mass of the structure. i. Petitioner is seeking relief from this requirement (Deviation #11). ii. The only buildings fronting a public street are Buildings 1, 2, 3, 8 and 9. Due to the setback and required perimeter landscaping, staff supports the request. 14.LOTS – The petitioner is seeking waiver from the requirement for lots to have access on a public street due to the unique nature of the secure data center campus (Deviation #12). a. Per Section 10-7-2 requires all lots to conform with district standards and states all lots shall front or abut on a public street. Since the site has internal private roadways, staff is supportive of the request. 15.STREET DESIGN AND IMPROVEMENTS – The petitioner is requesting exemption from the requirements of Section 10-7-3 in the Unified Development Ordinance (Deviation #13). a. Standards in this section apply only to publicly dedicated roadways. No roads are proposed for public dedication. Staff supports this request. 16.SIGNAGE – The petitioner is proposing one (1) wall mounted sign as illustrated on the exterior elevation. a. Per Section 10-6-6 of the Unified Development Ordinance, single tenant buildings shall be permitted a total of two (2) primary wall signs or one (1) primary wall sign per one hundred (100) linear feet of building frontage. One (1) additional wall sign shall be allowed per additional hundred (100) feet of building frontage. Only one (1) primary wall sign shall be displayed on any single building façade. b.Are monument signs proposed on the data center campus? i.See comments under #19 Comprehensive Plan regarding branding and placemaking elements. 17.SITE ADDRESSING – Will the internal roadways be named for individual addressing, or will the petitioner seek a single site address off of Eldamain Road with internal building numbering/identification? 18.LIGHTING – A photometric plan shall be provided along with manufacturers cut sheets of the proposed light standards to be installed within the parking lot area. Maximum illumination at the property line shall not exceed zero (0) foot-candle and no glare shall spill onto adjacent properties or rights of way. 19.COMPREHENSIVE PLAN – The 2016 Comprehensive Plan Update designates this property as “General Industrial” which is defined typically for a broad range of warehousing and manufacturing activities located adjacent to the Eldamain Corridor along the BNSF Railway line.Overall, staff supports the proposed PUD and its consistency with the proposed underlining zoning of M-2, but note the following recommendations from the Comprehensive Plan related to the subject property: a. In Figure 8.17: Eldamain Rod Corridor Land Use Strategy of the Yorkville 2016 Comprehensive Plan Update (North of the Fox River) the subject area is identified as “Zone B – Distribution (Corneils Road to BNSF Railroad)” meaning this area is recommended for modern industrial park incorporating branding and placemaking elements, as well as a 50’ to 100’ buffer to maintain the zone’s semi-rural visual character. From:Bart Olson To:Krysti Barksdale-Noble;Kathleen Field Orr Cc:John Purcell Subject:Cyrus One PUD review, comments from Bart Date:Wednesday, May 1, 2024 12:10:56 PM Here are my comments in advance of your May 23rd Plan Council meeting: 1. Variance comment #8 – landscaping a. I don’t have a problem forgoing their landscaping requirements internal to the secured area as long as: i. We can’t see the area from a public roadway AND ii. The landscaping improvements external to the site are robust and aesthetically pleasing AND iii. They agree to give us some sort of substitute landscaping or cash payment to allow us to plant trees or other improvements elsewhere in the City 2. Variance comment #11 – appearance standards industrial uses (incorporated recesses) a. Not sure I’m in favor of their request here. If we can see the buildings from the roadway, we need them to look nice. I think the recesses aren’t a huge cost or operational issue to them, so I’d like to keep these. Bart Olson City Administrator United City of Yorkville 651 Prairie Pointe Dr Yorkville, IL 60560 630-553-8537 direct 630-308-0582 cell bolson@yorkville.il.us From:Fran Klaas To:Contact_Brad Sanderson Cc:Eric Dhuse;Krysti Barksdale-Noble Subject:RE: [External]FW: Plan Council May 23, 2024 - PZC 2024-15 Cyrus One (C1 Yorkville, LLC) - Data Center (PUD & Preliminary Plan) Date:Thursday, April 18, 2024 3:46:43 PM Attachments:image004.png image005.png image006.png image007.png image008.png image009.png image010.png image011.png image012.png Full access at Menards access point is fine. Not sure how much traffic would be generated by the proposed use; but we might have to look at that to see if signals are warranted. Two additional accesses between Faxon & Menards would not be allowed. The northerly one could be a right in / right out. The southerly one, just north of Faxon, is not allowed. I would suggest that, if they need additional access, they use Faxon Road going east to their N/S roadway just east of Pond 2. That’s about all I got. Let me know if you need anything else. Francis C. Klaas, P.E.Kendall County Engineer 6780 Route 47, Yorkville, IL 60560 (630) 553-7616 fklaas@kendallcountyil.gov From: Brad Sanderson <bsanderson@eeiweb.com> Sent: Thursday, April 18, 2024 2:50 PM To: Fran Klaas <FKlaas@kendallcountyil.gov> Cc: Eric Dhuse <edhuse@yorkville.il.us>; knoble@yorkville.il.us Subject: [External]FW: Plan Council May 23, 2024 - PZC 2024-15 Cyrus One (C1 Yorkville, LLC) - Data Center (PUD & Preliminary Plan) Importance: High CAUTION - This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Fran, Please take a look at the attached concept plan. We note several connections to Eldamain that do not comply with your policy. When time allows, please review and provide comments to us. We are attempting to gather all of our comments by 5/17. Thanks and let us know if you have any questions. BRADLEY P. SANDERSON ,PE Chief Operating Officer / President bsanderson@eeiweb.com Direct: 630.466.6720 / Cell: 630.816.0957 / Main: 630.466.6700 52 Wheeler Rd, Sugar Grove, IL 60554 eeiweb.com From: Krysti Barksdale-Noble <knoble@yorkville.il.us> Sent: Wednesday, April 17, 2024 5:48 PM To: Bart Olson <BOlson@yorkville.il.us>; Erin Willrett <ewillrett@yorkville.il.us>; Eric Dhuse <edhuse@yorkville.il.us>; Peter Ratos <pratos@yorkville.il.us>; Brad Sanderson <bsanderson@eeiweb.com>; James Jensen <JJensen@yorkville.il.us>; Michael J. Torrence (MTorrence@bkfire.org) <MTorrence@bkfire.org>; Sara Mendez <smendez@yorkville.il.us> Cc: Tim Evans <tevans@yorkville.il.us>; 'Cyrus McMains' <cyrus@ybsd.org>; Ray Mikolasek <rmikolasek@yorkville.il.us>; Garrett Carlyle <gcarlyle@yorkville.il.us>; lynn@dlkllc.com; Jori Behland <jBehland@yorkville.il.us>; kfo@ottosenlaw.com; Monica Cisija <mcisija@yorkville.il.us> Subject: Plan Council May 23, 2024 - PZC 2024-15 Cyrus One (C1 Yorkville, LLC) - Data Center (PUD & Preliminary Plan) Importance: High EXTERNAL SENDER: This email originated outside of EEI. Do not click links, open attachments, or respond if it appears to be suspicious. All, Please see the attached Plan Council distribution memo for the Thursday, May 23, 2024 meeting regarding Cyrus One (C1 Yorkville, LLC) - Data Center (PUD & Preliminary Plan). I have attached the referenced documents, for your convenience. Please let me know if you have any questions regarding the materials. Comments are requested due by Friday, May 17th. Best Regards, Krysti J. Barksdale-Noble, AICP (she/her) Community Development Director United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 (630) 553-8573 (630) 742-7808 www.yorkville.il.us This message may contain confidential information and is intended only for the original recipient. The views or opinions presented in this message are solely those of the sender and do not necessarily represent those of the company, unless specifically stated. If you are not the intended recipient you should not disseminate, distribute or copy this message. If verification is required please request a hard-copy version. Engineering Enterprises, Incorporated 52 Wheeler Road, Sugar Grove, IL., 60554 Warning: This message was scanned for viruses, vandals and malicious content. However, we cannot guarantee that the integrity of this e-mail has been maintained in transmission and do not accept responsibility for the consequences of any virus contamination. Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Date April , To Krysti arksdale-No le Community Development Director From ames ensen Chief of Police Reference Plan eview P C Pro ect Name Cyrus One C orkville, C Applicant Name Petitioner Name ohn atem C orkville, C Pro ect Num er P C - Pro ect ocation NEC of Eldamain oad and Fa on oad . Acres The comments listed elow are referenced to the a ove pro ect Signage andicapped ignage e uired __X__es No Comments On-Site handicapped parking requirements. **Signage must meet MUTCD Standards **Fine amount must be listed on sign peed imit ignage e uired ecommended es __X__No chool one pecial ignage es __X__No pecial peed one ignage e uested es __X__No No Parking ignage ecommended es __X__No No Parking After now Fall No Parking ocations x N/A Dedicated Parking signage needed es __X__No ocated y Park chool Common Parking Area Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Are there treet Name Conflicts es __X__No Comments N/A Pedestrian ike Path Crossing ignage es __X__No arning Ahead igns are e uired NO Construction Traffic ignage eing re uested es __X__No ocation ***We request that all signage is posted prior to the first occupancy permit being issued for each POD or phase.*** ***All traffic control signage must conform to MUTCH Standards specific to location, size, color, and height levels*** Roadway treet idth hould parking e allowed on OT sides of road es No hould parking e restricted to fire hydrant side es No Center oadway edians es No imit Parking on edian es No ignage Needed es No oom for Emergency eh. w one lane O structed es No Do you have intersection Concerns __X__es No Concerns as listed below: x Location of the driveway(s) along Eldamain Road x Driveway(s) clearly marked with signage in both directions Landscape ow rowth or round Cover andscaping es No ow rowth or round Cover andscaping y windows es No ow rowth or round Cover andscaping y Entrances es No Comments N/A Ingress / Egress Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Entrance E its match up with ad acent driveways es __X__No Total Entrance E its for development __4__ Are vehicle entrance e its safe __X__es No Are warning signs for cross traffic re uested es No aised edian ignage for ight in ight Out es __X__No Concerns Emergency Contact for after hours during construction Information needed Is this a gated or controlled access development __X__es No If yes, will Police Fire have Access __X__es No Comments Will police have access in case of emergency? Miscellaneous Individual ail o es es __X__No Cluster ail o Kiosks es __X__No ill this cause traffic choke points es __X__No Are sidewalks eing planned for the development es __X__No Are sidewalk crosswalks needed es __X__No Are there ike paths planned for this pro ect es __X__No Proper ignage needed for ike paths es No top igns ield igns NO otorized ehicles Trespassing Other Are there OA Controlled oadway O Parking Areas es No Ample Parking on ite es No Are there other City Ordinance Concerns es No Noise Ordinance Parking Ordinances Alarm Ordinance Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Security ill security cameras e in use es No Comments Will there be security cameras used on site? ill the usiness management provide the police department remote access to the camera system User credentials only es No Comments If you will have camera access on site would the police department have remote access into the system for emergency purposes only? hat are the usiness ours of Operation N/A ill the property e alarmed es No Comments Will the gate be alarmed? ill you provide Floor Plans aps to the police department es No Comments x Will maps/floorplans be provided to the police department for emergency purposes only? x Will there be on-site security? I hope you find this information helpful, and we look forward to reviewing the revisions. If you should have any uestions, comments, or concerns please do not hesitate to contact me. Sold To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Bill To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Certificate of Publication: Order Number: 7641319 Purchase Order: PZC 2024-15 Cyrus One State of Illinois - Kane Chicago Tribune Media Group does hereby certify that it is the publisher of the The Beacon-News. The The Beacon-News is a secular newspaper, has been continuously published Daily for more than fifty (50) weeks prior to the first publication of the attached notice, is published in the City of Aurora, Township of Aurora, State of Illinois, is of general circulation throughout that county and surrounding area, and is a newspaper as defined by 715 IL CS 5/5. This is to certify that a notice, a true copy of which is attached, was published 1 time(s) in the The Beacon-News, namely one time per week or on 1 successive weeks. The first publication of the notice was made in the newspaper, dated and published on 5/27/2024, and the last publication of the notice was made in the newspaper dated and published on 5/27/2024. This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1. PUBLICATION DATES: May 27, 2024. ___________________________________________________________________________________ The Beacon-News In witness, an authorized agent of The Chicago Tribune Media Group has signed this certificate executed in Chicago, Illinois on this 28th Day of May, 2024, by Chicago Tribune Media Group Jeremy Gates Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014