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Planning and Zoning Commission Packet 2024 07-10-24 PLANNING AND ZONING COMMISSION AGENDA Wednesday, July 10, 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: June 12, 2024 Citizen’s Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PZC 2024-12 102 Worsley St., Steve Holland, petitioner/contract purchaser, and KCJ Restoration 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 east Main Street, immediately east of Worsley Street, and north of the Fox River in Yorkville, Illinois. The petitioner is requesting rezoning approval from R-1 Single-Family Suburban Residential District to R-2 Single Family Traditional Residence District, consisting of approximately 0.28 acres, commonly known as 102 Worsley Street. Additionally, the petitioner is requesting to decrease the minimum lot size for the R-2 Single-Family Traditional Residence District to less than the required 12,000 square feet. Unfinished Business New Business 1. PZC 2024-12 102 Worsley St., Steve Holland, petitioner/contract purchaser, and KCJ Restoration 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 east Main Street, immediately east of Worsley Street, and north of the Fox River in Yorkville, Illinois. The petitioner is requesting rezoning approval from R-1 Single-Family Suburban Residential District to R-2 Single Family Traditional Residence District, consisting of approximately 0.28 acres, commonly known as 102 Worsley Street. Additionally, the petitioner is requesting to decrease the minimum lot size for the R-2 Single-Family Traditional Residence District to less than the required 12,000 square feet. Action Item Rezone & Variance 2. PZC 2024-14 Grande Reserve Units 10 & 11, The petitioner, D.R. Horton, Inc. - Midwest, is seeking Final Plat approval for an approximately 22-acre site consisting of 158 new residential United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us townhome lots located east of Kennedy Road and south of the BNSF railroad in Units 10 and 11 of Grande Reserve subdivision. Action Item Final Plat Additional Business 1. City Council Action Updates a. 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 b. 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 c. 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 Adjournment DRAFT Page 1 of 4 PLANNING & ZONING COMMISSION City Council Chambers 651 Prairie Pointe Drive, Yorkville, IL Wednesday, June 12, 2024 7:00pm Meeting Called to Order Commissioner Danny Williams called the meeting to order at 7:00pm, roll was called and a quorum was established. Roll Call Greg Millen-yes, Rich Vinyard-yes (via Zoom), Danny Williams-yes, Ryan Forristall-yes, Rusty Hyett-yes, Reagan Goins-yes City Staff Krysti Barksdale-Noble, Community Development Director Sara Mendez, Planner1 Other Guests Chris Vitosh, Vitosh Reporting Service Russ Whitaker, Rosanova & Whitaker Lynn Dubajic Kellogg, City Consultant Matt Gilbert, Green Door Capital Nicholas Dodd Connie McMahan Mark & Liz Thompson Don Bartalone, Kendall Marketplace Mary Maher Bartalone, Kendall Mktpl. Sam Woodworth, WSPY Dave & Nancy Peat, Kylyn's Ridge Shawn Thomas, IBEW Roger Blomgren, Baird & Warner Bradd Hout Sam ?, via Zoom Ryan Fitzgerald via Zoom Larry Hagemann via Zoom Ryan/FVBRA staff via Zoom David Petesch, Kendall County Record, via Zoom Brian?? Mike Reisenbach??? Lisa?? Bailey Karabotham??? BB Shore Lane Previous Meeting Minutes May 8, 2024 Motion by Reagan Goins and second by Richard Vinyard to approve the minutes as presented. Roll call: Vinyard-yes, Williams-yes, Forristall-yes, Hyett-yes, Goins-yes, Millen-yes. Carried 6-0. Citizen’s Comments None Public Hearings Commissioner Williams explained the procedure for the 3 Hearings and swore in those who would give testimony. He also explained the order for presenting testimony. A motion was made by Ms. Goins to open the Public Hearings, seconded by Mr. Hyett. Public Hearings opened at 7:04pm. Roll call: Vinyard-yes, Williams-yes, Forristall-yes, Hyett-yes, Goins-yes, Millen-yes. Carried 6-0. Mr. Williams read each Public Hearing description. 1. PZC 2024-07 Kelaka, LLC, Green Door Capital, petitioner/contract purchaser and Kelaka, LLC, owners, have filed an application with the United City of Yorkville, Page 2 of 4 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 138.44 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. (See Court Reporter's transcript) At approximately 8:19pm a motion was made by Ms. Goins and seconded by Mr. Millen to close the Public Hearing. Roll call: Williams-yes, Forristall-yes, Hyett-yes, Goins-yes, Millen-yes, Vinyard-yes. Carried 6-0. Unfinished Business None New Business 1. 2024-07 Kelaka LLC (see above for full description) Background: Ms. Noble explained what data centers are used for and said these locations are suitable since a large ComEd sub-station is close for the large amount of power data centers use. She said the property owner has the right to petition for annexation without notifying adjacent property owners. When the code is not being observed exactly, the public has the right to provide comment. She said state law dictates how nearby property owners are notified of rezoning, etc. The law says owners within 250 feet must be notified and the city actually does 500 feet. Since all property coming into the city defaults to R-1 zoning, this is the reason for the rezoning request. Staff supports this request to rezone to M-2. NOTE: The petitioner provided responses to the rezoning request and would like them to be included in the official record. Discussion: Commissioner Williams was concerned that there was no PUD on the Kelaka and Hagemann requests and that the petitioners could rezone them to M-2 and possibly sell them to someone who has no intention of using them for data centers. However, he said data centers would greatly add to the tax base. There are 2 specific homeowners who will be affected and he believes their property values will be lowered as a result. He asked if the petitioner had reached out to the owners about purchasing their land. Mr. Gilbert said the petitioner had not and he believes the property value would actually increase. He added the petitioner has no plans for the sites at this time. Page 3 of 4 Action Item Rezone Commissioner Williams entertained a motion to approve PZC 2024-07 Kelaka. So moved and seconded by Mr. Vinyard and Mr. Forristall, respectively. The rezoning standards were reviewed at this time and the motion as follows was read by Ms. Goins. 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. Roll call: Forristall-yes, Hyett-yes, Goins-yes, Millen-yes, Vinyard-yes, Williams-yes. Carried 6-0. 2. PZC 2024-08 Hagemann Trust (see full description above) Background Ms. Noble said this property consists of 3 parcels north on Eldamain Rd., unincorporated and zoned A-1 in Kendall County, with a request to rezone to M-2. The city entered into an IGA in 2011 with Plano and Kendall County in regards to reconstruction of Eldamain from Menards north to Galena. Kendall County assumed jurisdiction and made improvements at $6.3 million. The 3 entities decided to split that cost and Yorkville's share was $3.8 million. Any property that would annex to that area with frontage, would have to pay their share. At that time the cost was deemed to be $336 per linear foot and will be determined at a later time. Grants may also be received. In 2019 the city revised the Comp Plan and all land use from the currently annexed portion (Bright Farms area) north to Baseline Rd. is zoned for manufacturing/general industrial. She said staff is supportive of the annexation and rezoning request. Mr. Williams noted this property has the 2 homeowners that would be part of the annexation. Action Item Rezone A motion was made by Mr. Vinyard to approve PZC 2024-08 Hagemann Trust and seconded by Mr. Forristall. The zoning standards were reviewed and Mr. Williams noted that the 2 property owners, their children and livelihood will be impacted. Roll call: Forristall-yes, Hyett-yes, Goins-yes, Millen-no, Vinyard-yes, Williams-no. Carried 4-yes, 2-no. 3. PZC 2024-15 C1 Yorkville, LLC (see full description above) Background: Ms. Noble said the request is for a PUD and preliminary plan. The PUD is a group of variances granted to development based on the developer providing a higher level of benefit to the city. She said there are 12 standards that can be requested for PUD status and only one standard is needed. The standard being met by the petitioner is regional public utilities improvements, water & sanitary. Other developers in the area will become beneficiaries of connecting to those utilities. The preliminary plan has 13 deviations and she reviewed 10 of those, some of which are setbacks, parking, vehicular cross access, loading space, landscaping. Ms. Noble noted that the city has hired a sound engineer to do a sound evaluation. NOTE: The petitioner has requested that the Special Use and PUD standards be entered into the public record. Page 4 of 4 Action Item PUD & Preliminary PUD Plan A motion was made and seconded by Ms. Goins and Mr. Millen, respectively, to approve PZC 2024-15 C1 Yorkville, LLC. Mr. Williams reviewed the standards for Special Use and PUD. He noted that construction hours have been an issue and could be addressed with the city. Motion: Ms. Goins read the Special Use motion as follows: In consideration of testimony presented during a Public Hearing on June 12, 2024 and approval of 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 class D perimeter landscaping around 3 sides along Eldamain, Beecher and Faxon Roads. Roll call: Forristall-yes, Hyett-yes, Goins-yes, Millen-yes, Vinyard-yes, Williams-yes. Carried 6-0. It was moved and seconded by Ms. Goins and Mr. Hyett, respectively for approval of the PUD for PZC 2024-15 C1 Yorkville, LLC. Motion: Ms. Goins read the motion as follows: 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 Class D landscaping along Eldamain, Faxon Road and Beecher Road. Roll call: Hyett- yes, Goins-yes, Millen-yes, Vinyard-yes, Williams-yes, Forristall-yes. Carried 6-0. Additional Business 1. Appointment of Vice Chair A Commission Chairman has not been appointed by the Mayor as of yet. Mr. Williams nominated Mr. Vinyard to continue as the Vice-Chair and Ms. Goins seconded. Roll call: Goins-yes, Millen-yes, Vinyard-yes, Williams-yes, Forristall-yes, Hyett-yes. Carried 6-0. 2. City Council Action Updates Ms. Mendez stated that all action items listed on the agenda had been approved. Adjournment There was no further business and the meeting was adjourned at 8:57pm on a unanimous voice vote. Respectfully submitted by Marlys Young, Minute Taker 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 1 UNITED CITY OF YORKVILLE YORKVILLE, ILLINOIS PLANNING AND ZONING COMMISSION PUBLIC HEARING 651 Prairie Pointe Drive Yorkville, Illinois Wednesday, June 12, 2024 7 :00 p .m . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 2 PRESENT: (In person and via Zoom) Mr. Danny Williams, Chairman, Mr. Rich Vinyard, Ms. Reagan Goins, 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 Hearing - June 12, 2024 3 I N D E X WITNESS:PAGE: MATT GILBERT 8 SHAUN THOMAS 10 MARY MAHER-BARTALONE 11 ROGER BLOMGREN 13 LISA PRATHER 20 BRIAN (no last name supplied)27 DON BARTALONE 29 NICHOLAS DODD 30 MIKE REISENBECK 34 BAILEY CARRABOTTA 42 RUSS WHITAKER 44 - - - - - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 4 (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. The purpose of these hearings is to invite testimony from members of the public regarding the proposed requests that are being considered before this Commission tonight. Testimony from persons present who wish to speak may be for or against the requests or to ask questions of the petitioners regarding the request being heard. Those persons wishing to testify are asked to speak clearly, one at a time, and state your name, who you represent, if anyone. You are also asked to sign in at the podium over there. If you plan to speak tonight 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. (Witnesses sworn.) CHAIRMAN WILLIAMS: All right. So 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 5 tonight the order for receiving testimony during the public hearing will be as follows: The petitioner for the request will present to the public, those wishing to speak in favor of the request will speak after, and then those wishing to speak in opposition to the request will speak after that. May I have a motion to open the public hearings on petition number one, PZC 2024-0 7 , Kelaka, LLC, requesting rezoning classification; number two, PZC 2024-0 8 , Hagemann Trust, requesting rezoning classification; and three, P Z C 2024-15, C 1 Yorkville, LLC, requesting PUD and preliminary plan approval? May I have a motion, please? MS. GOINS: So moved. MR. HYETT: Second. CHAIRMAN WILLIAMS: Thank you very much. Roll call vote on the motion. MS. YOUNG: Vinyard. (No response.) MS. YOUNG: Vinyard. MS. NOBLE: He said aye. MS. YOUNG: Okay, thank you. Williams. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 6 CHAIRMAN WILLIAMS: Yes. MS. YOUNG: Forristall. MR. FORRISTALL: Yes. MS. YOUNG: Hyett. MR. HYETT: Yes. MS. YOUNG: Goins. MS. GOINS: Yes. MS. YOUNG: And Millen. MR. MILLEN: Yes. MS. YOUNG: Thank you. CHAIRMAN WILLIAMS: Thank you. The public hearings up for discussion tonight are as follows: PZC 2024-0 7 , Kelaka, LLC. This is Green Door Capital, petitioner and 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 7 on approval of annexation by the City Council. This property consists of approximately 148.56 acres, and, again, that was PZC 2024-0 7 . Additionally there is PZC 2024-0 8 , 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 for that 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 parcels consisting of approximately 138.44 acres. Again, that was PZC 2024-0 8 . Finally we have PZC 2024-15, C 1 Yorkville, LLC, petitioner, and Yorkville Nexus, LLC, owners, have filed applications with the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 8 United City of Yorkville, Kendall County, Illinois, requesting special use authorization for a planned unit development and preliminary PUD plan approval for a data center camp us. 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. Again, that one was PZC 2024-15. Is the petitioner for PZC 2024-0 7 , Kelaka, LLC, ready to present? MR. GILBERT: Yes. CHAIRMAN WILLIAMS: Thank you. MATT GILBERT, having been first duly sworn, testified from the podium as follows: MR. GILBERT: Hello. Turn this on. Good evening. My name is Matt Gilbert. I am with Green Door Capital based here out of Chicago. We have been working -- So actually we currently own approximately 280 acres in the immediate area of the subject sites, including 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 9 the third applicant for the PUD plan. We also are petitioner for the first two annexation rezoning properties. We have been working with the city, with Yorkville, to get the properties annexed and rezoned into the City of Yorkville. We have worked on an extensive plan to bring utilities to the area. We have been upfront with the city all along on the plans to bring manufacturing development, which may or may not include cold storage facilities, data center facilities, and we have been involved with the city I 'd say for the past two years. This is kind of one of the final steps for the Kelaka piece before we actually close on the acquisition of the site, and we don't have any plans for the Kelaka site as of right now for any development other than we will own it, hold it. We are marketing the site for both industrial and data center development nationwide currently. I guess I 'll stop there unless there is any questions from Staff. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 10 CHAIRMAN WILLIAMS: Not at this time, unless anyone on the board wishes to ask any questions at this time. Sorry to speak for you. (No response.) CHAIRMAN WILLIAMS: Thank you. You may be seated. So with that said, is there anyone present who wishes to speak in favor of the request? Please step forward, sir. SHAUN THOMAS, having been first duly sworn, testified from the podium as follows: MR. THOMAS: Good evening. My name Shaun Thomas. I am a representative of the IBEW , Local 461 , the International Brotherhood of Electrical Workers. We cover this jurisdiction. With the progress that's currently being made on Eldamain Road, that entire corridor, with the lettuce farm, the Ready Mix factory, I believe that these projects will enhance that, bring taxpayer -- tax dollars to the area, as well as not only good paying construction jobs, but jobs for community members as well. I think it's a win/win. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 11 When the construction of that Eldamain corridor was done, everybody knows that road was poured thick, it was -- excuse me, it was built for what these individuals plan on doing, and I think it would be a win for this community and for the members of the community. CHAIRMAN WILLIAMS: Thank you, sir. Is there anyone else who wishes to speak in favor of the request? (No response.) CHAIRMAN WILLIAMS: I will take that as a no. MS. MAHER-BARTALONE: I will. CHAIRMAN WILLIAMS: Oh, you will? Thank you. Sorry. MARY MAHER-BARTALONE, having been first duly sworn, testified from the podium as follows: MS. MAHER-BARTALONE: My name is Mary Maher-Bartalone and I live very close to one of the sites that's looking to be rezoned, the one here (indicating). Also, I am the Bristol Township assessor, so I do deal with a lot of this stuff. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 12 So, anyway, I am generally largely in favor of the development because of the huge increase to the assessed valuation base that we have for our township, so I don't know exactly what it's going to wind up being, of course; however, our current industrial assessed value is very, very, very small compared to residential properties, so a development like this I think would be a boon really to our aggregate assessed value, which ultimately plays a big part in the tax rate that ultimately calculates your tax bill. My only concerns really are -- and I don't know if this is the most appropriate place, and this is more as like a homeowner who lives right there, is the rules or whatever is going to be put in force for the actual construction of the property because we live, you know, in a residential area and attention to detail about the rules for like when can they start, when can they end, what are the rules regarding noise, lighting, that was another question I had, things of this nature, so I would just -- would really hope that the City of Yorkville would be really 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 13 on top of that because, just as, for example, the development right across the street from us, it's 7 :00 o 'clock at night, they are all still out there working with all their big, heavy machinery, so I 'm just going to say that. And so that's it. I am largely in favor for those reasons. CHAIRMAN WILLIAMS: Thank you, ma'am. All right. Is there anyone else who wishes to speak in favor? (No response.) CHAIRMAN WILLIAMS: Take that as a no. All right. Is there anyone present who wishes to speak in opposition to the request? Please come on up, sir. ROGER BLOMGREN, having been first duly sworn, testified from the podium as follows: MR. BLOMGREN: You didn't give me a category of none of the above. CHAIRMAN WILLIAMS: Understand. MR. BLOMGREN: My name is Roger Blomgren, I live in Yorkville, south side. I am also a representative of Baird & Warner Real 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 14 Estate and I represent the property owners at 11254 Faxon Road, which is commonly known as the Rob Roy farm, and when the ownership of the farm showed me the document, they probably consist of about 17 -- a little over 17 acres of land, and my question would be as to since they are not going to develop it in the near future, what impact, if any, does this development or this annexation have on the property. Second question would be we carry -- or this property carries a Plano address and it's my understanding that anything east of Eldamain is -- the boundary agreement states that anything east of Eldamain is Yorkville, so I would assume that -- I guess I can't assume. If there is an annexation, who would propose the annexation for this property? CHAIRMAN WILLIAMS: That would be the petitioner, and I believe the petitioner can speak on the timeline. MR. BLOMGREN: Would that be the petitioner? If, for example, the developer decided they want to move on this property, they would advance the petition? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 15 MS. NOBLE: The petition has already been submitted and a public hearing has already been conducted for the annexation. MR. BLOMGREN: I 'm sorry, I can't hear you. MS. NOBLE: The petition for annexation has already been submitted and a public hearing was held on May 14th. MR. BLOMGREN: Yeah, no, I understand, but for this particular piece of property, has there been a petition presented for annexation into the City of Yorkville? MS. NOBLE: Yes, it was presented and a public hearing was held on May 14th for annexation. MR. BLOMGREN: And has there been -- and there was a public hearing for that? MS. NOBLE: Correct. May 14th. MR. BLOMGREN: And were the owners notified of that, you know? MS. NOBLE: With annexations it's only a notification in the public paper, so it would have been in the paper, and then -- MR. BLOMGREN: And which paper might 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 16 that have been? MS. NOBLE: That would have been -- it's in the packet. That would have been the Beacon, Beacon newspaper. MR. BLOMGREN: The Beacon. The one that's about this thick now, that goes to about 14 people in Yorkville? MS. NOBLE: Beacon newspaper, it was published. So there is no obligation for notification of property owners, only for requests for rezoning. MR. BLOMGREN: Okay, I understand. In terms of utilities that are coming in to service the road, to service the annexation parcel, are there any plans -- and we understand water is coming down Beecher and then turning towards Alice on Faxon, is that fair? Is that correct? MS. NOBLE: Yes. The petitioner is actually working with the city to fund that extension of utilities to the area. MR. BLOMGREN: Will that include sewer as well? MS. NOBLE: There is some sewer, but I don't know if it is going directly to this site 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 17 or not, but sewer extension is planned in the area. MR. BLOMGREN: And will there be -- since this will be annexed into the city and become manufacturing M -2 , are there -- and since at least presently there is no access to Eldamain via Faxon, are there plans to create some access to Eldamain via Faxon; if not, what is the plan for the traffic for the semis? MS. NOBLE: So at this time, since there is no development plan, no improvements to the road regarding this property will take place until there is a development plan, so as it exists now is how it will remain until the time such development plans are submitted. MR. BLOMGREN: Okay. At this point I have this property under contract, and I 've got to go back and articulate what's going to happen, whether it's going to be pro or con for these particular buyers, and I assume if there is going to be any further meetings, the property owners will be notified of same, correct? MS. NOBLE: If there is a request that requires City Council approval, yes. If it's 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 18 just a building permit or anything that they are entitled to under their zoning, no. MR. BLOMGREN: All right. Very good. Thank you. CHAIRMAN WILLIAMS: Thank you, sir. Again, is there anyone else present who wishes to speak in opposition to the request? (No response.) CHAIRMAN WILLIAMS: And then when it comes to questions for the commissioners , that would come after opposition, so if there is anyone with questions, and there is no one else with oppositions, we can move on to those who wish to ask any questions of the petitioner. Is there anyone here who would like to ask any questions? (No response.) CHAIRMAN WILLIAMS: I will take that as a no as well. All right. Is the petitioner for 2024-0 8 , Hagemann Trust, ready to present? I believe it's still you as well, sir. MR. GILBERT: Again, my name is Matt Gilbert, same intro on the land currently owned. This site we have been working on for almost 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 19 two years on the acquisition side. We have gone back and forth with the c ity in terms of what can be developed. The one additional note that I would add to my previous comments is that right in this immediate area Com Ed has a set of four substations with what I understand to be one of their largest set of substations in their entire Illinois network. They have been marketing this for approximately five years to large data center users. That was one of the things that attracted us to the area when we came in to acquire the first piece of land. The other piece of note for this site, specifically the 1 38 -- approximately 1 38 and a half acres, this will run along Eldamain Road, will have access to Eldamain Road subject to the county's rules and regulations about how many access points we can have on that site. We again are wrapping up this rezoning annexation process as a final step before acquiring the property, which should happen later -- later in the year, so thank you 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 20 very much. CHAIRMAN WILLIAMS: Thank you. All right. So with that said, again, this is PZC 2024-0 8 , Hagemann Trust. I apologize for needing to repeat them, but I know we have a lot tonight, want to make sure nobody is confused. I know I certainly have been. Is there anyone who wishes to speak in favor of this particular request? (No response.) CHAIRMAN WILLIAMS: And then is there anyone present who wishes to speak in opposition to this particular request? Come up, sir. Sorry. Ma'am. LISA PRATHER, having been first duly sworn, testified from the podium as follows: MS. PRATHER: My name is Lisa Prather and I live on Eldamain, 1314, and my neighbor and I are like the two houses that will be surrounded by this, and I realize that this is going to happen, like -- and it is really good for our city, it will help the tax revenue and that's all great. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 21 My concern is that there's got to be some kind of idea of a project, and what does that look like? Because it's got to look like something. CHAIRMAN WILLIAMS: No, I agree, and that's -- so right now we are dealing with the annexation. MS. PRATHER: I get that. CHAIRMAN WILLIAMS: Once the annexation is complete, there would be a project proposal that would come forward. MS. PRATHER: Should I look in the Beacon News? CHAIRMAN WILLIAMS: I am unsure if it will be in the Beacon, but, Krysti, correct me if I am wrong, if they did have a plan proposal, it would come to the PZC again, correct? MS. NOBLE: It depends. So what the petitioner is asking for is just to annex and rezone the property -- MS. PRATHER: I get that. MS. NOBLE: -- and hold it as entitled until such time a development comes. MS. PRATHER: Oh, yeah. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 22 MS. NOBLE: If a development comes and it meets the standards of the M -2 District that they are proposing to rezone to, there will not be any public input. It's a staff level review making sure that they meet all of the standards that the code prescribes for uses in industrial land use. If it does require any c ity approvals, if they are seeking something above and beyond what's permitted outright in the M -2 District, there may be a public input process, but at this time since we don't have a plan and they don't have a user, there is no site plan to reference or to say how this site would be developed. MS. PRATHER: Okay. Well, that's fair, but this is going to crush my property value. Like crush it. CHAIRMAN WILLIAMS: And I completely understand. I saw those two houses that were being surrounded by this and I am so happy to see you folks here tonight. MS. PRATHER: Yeah. CHAIRMAN WILLIAMS: And I wanted to ask 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 23 you as well, even if we were to approve the annexation, we as a board could agree on putting contingencies upon the plan I believe, and correct me if I am wrong, Krysti. What would you like to see personally? I 'm sure you would like to see the site not be developed at all, but is there a happy medium at all? Would you like fencing? MS. PRATHER: No, that's not necessarily true, like there's got to be buffering, there's got to be like buffering of trees, maybe a fence, maybe a berm, maybe -- MS. NOBLE: That's part of the standards. That is already in our code that they would have to adhere to. MS. PRATHER: But how far back? MS. NOBLE: So with industrial next to residential, it has to be at least a 20-foot buffer of dense trees -- MS. PRATHER: That's not far enough. MS. NOBLE: Of dense trees, understory trees and landscaping shrubs, as well as a fence. Again, that's just on the perimeter. There is also distances for the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 24 buildings itself. The buildings would have a buffering distance of at least 50 feet, depending on what the site plan is, if they are to meet the standards of our current M -2 zoning. Once we have a plan, and if that plan requires public input because they are asking for more than what's presented, that's the opportunity for the Planning and Zoning Commission to attach conditions. At this time because there is no plan, we are only voting on the zoning, and the annexation is up to City Council. MS. PRATHER: But the thing is the zoning is going to affect my property value. MS. NOBLE: The petitioner can address that. They had to address it as part of their comments. MS. PRATHER: I could move, I could be bought out. My interest rate is two percent on my mortgage. Am I going to be compensated if I have to move from two percent on a 30-year fixed? Because that's what's the realistic thing here. You have two homeowners, two, so we're not going to stop this. We understand 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 Hearing - June 12, 2024 25 MS. NOBLE: That is not on the purview of the City Council and the Planning and Zoning Commission tonight. It's only -- MS. PRATHER: Yeah, but you could say no. MS. NOBLE: That's for them -- that is for them to vote on, not Staff. I am just presenting the facts that are presented in the packet. MS. PRATHER: So am I . These are my facts, my daily, my future. MS. NOBLE: Did you want the petitioner to respond to your comment about -- MS. PRATHER: Sure. MS. NOBLE: -- property values? MS. PRATHER: If he would like to, he is more than welcome to. MS. NOBLE: Yes, please. MR. GILBERT: So the property value question is certainly a valid question. We -- as was stated , we do not have any plans right now to develop. We don't have a user, we don't have a site plan. It's hard to say when we will 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 26 develop, it's hard to say if we will develop, so we are buying the land to potentially build down the road. What I can tell you is this area has long been in the City's Comprehensive Plan to go manufacturing, to go M -2 , so we were kind of following the lead of where this was -- you know, where this type of development was to be directed in any case. We are more than willing to discuss a purchase of property at some point. You know, we can only deal with, you know, market values, we can't replace interest rates, stuff like that, but we are certainly open to a discussion on, you know, purchasing, you know, various properties around, but what I can tell you is this -- this whole area was always earmarked to be manufacturing and M -2 development -- sorry, M -2 zoning, but we are open to discussions with the homeowners on purchasing property. CHAIRMAN WILLIAMS: Thank you. And thank you very much for speaking. Is there anyone else who wishes to speak in opposition? Please come on up, sir. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 27 BRIAN (no last name supplied), having been first duly sworn, testified from the podium as follows: MR. BRIAN: Hello. My name is Brian. I live in Yorkville about a few years now. Listening to both parties of the 07, 08, and the lack of confidence in the rebuttal to the plan, the problem is there is no plan. It's going to happen. Something will go in. You don't hold land not to make a profit off of it. If the plan was to change it to an M -2 , why is it residential, why is it agricultural? Now, there's got to be plenty of other M -2 zoning in the area and, if not, we can look into something further away from established residential. You can't change the example two percent interest rate; right now what are we averaging, seven, eight, with no change as of right now, nothing even until the end of the year. So if you want to improve the City of Yorkville, keep the residents happy, they will pay their taxes, they will stay here. Look at Oswego, they were all farm. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 28 They gladly developed two into one. Granted they had some push-back back and forth, but this is an early chance to establish that with the community rather than go ahead and kick out people. I live on Blackberry right behind Home Depot. Once again, the spacing between what you can see right now, it's like if they plan. Well, what about the lighting? You are right on 34. There is already construction across the street. The farmland is right behind us, too. You are looking at potentially taking the residents that have built there, that have already paid their taxes, and kicking them out, and then now they can't afford Kendall County. They will have to go somewhere. The closest one in the southwest area would be Grundy. You are taking away from the school district, especially the young children who had moved here who hoped they c ould have that kindergarten to high school ranking up eight -- the eight to ten ranking you do see when you do move. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 29 So from what I heard -- I just came here to listen, and I don't like anything. There is no confidence. It's all about planning. Well, plan in the M -2 s . They are set there for a reason. I don't know why you have to encroach on residents. Thank you. CHAIRMAN WILLIAMS: Thank you very much. All right. Is there anyone else who wishes to speak in opposition? CHAIRMAN WILLIAMS: Sir. DON BARTALONE, having been first duly sworn, testified from the podium as follows: MR. BARTALONE: My name is Don Bartalone. I live in that same area, and it's zoned for residential. Why take that away from us? And we were just talking about -- Mary came up and said right now we left the neighborhood and at 7 :00 o 'clock, these guys are still out there. They start at 7 :00 in the morning and they're out at 7 :00 o 'clock at night. They're still out there. And, you know, I work for OSHA. Tomorrow morning I am calling because these guys 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 30 are trenching out there, there is no -- they don't do anything the right way and I 've had enough of the noise. But that stuff behind us is supposed to be for homes. Why are we rezoning it? Let -- if we're going to stay on Eldamain and keep that for building for factories and stuff, that's fine, but you are taking away something that they could put homes there. That's all I 've got. CHAIRMAN WILLIAMS: Thank you. MR. BARTALONE: It's your turn. NICHOLAS DODD, having been first duly sworn, testified from the podium as follows: MR. DODD: Hi. My name is Nicholas Dodd. I live at 128 6 Eldamain. I am the second home that's surrounded by this. When me and my family originally moved here, we moved here for the schools. We moved onto Eldamain because we were in the middle of nowhere. I can teach my kids about dirt bikes, four wheelers, and not have to worry about an H O A or anyone else yelling at me because whatever, the grass is too long, whatever it may 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 31 be. So we moved there and we were told when we moved there that there is a possibility you could buy more acreage. I came up with this crazy idea to start a bamboo nursery, huge eco-friendly bamboo nursery. Talked to the USDA of Illinois, talked to the USDA of the country. I currently have bamboo seeds sitting in containment because they have to spend 1 8 0 days in containment because they came from China. That was the only way to get a clean strand. But it's just me and my family doing this, so we didn't have the money to go out and buy acres and acres of land to do this. When we were told there is a possibility we could buy, you know, three, five more acres, we were like all right, this is -- you know, we're decently close to town, the town can benefit from it as well, they get eco credits or whatever it is from USDA, and I 've been working on this for a long time trying to make it happen, and then I got this letter in the mail saying this was going to happen, and now it all makes sense because every 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 32 time I asked the farmer about buying more ground, they were like oh, maybe, we'll see what happens. Maybe. No one was upfront about this. So then I hear everybody on the council meeting say oh, this has been in our progressive plan. Okay, was the progressive plan public? Could I have gone online and found it? I could have? CHAIRMAN WILLIAMS: (Indicating.) MR. DODD: Okay. That was a question. So again back to her comment about I am a one percent mortgage rate. To move my family -- I have two 13-month old twins. To move my family and get a similar house size, similar property size to be able to start our dream, we are looking at about 2 50 to $300 more than we bought our house for. I don't have the capital. Even to sell this house and try and make that move, that's not going to happen, especially now that it's been announced that this will become industrial. So, again, looking for answers about what all is going to happen, what all is going to be available. Said city -- e ventually when there 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 33 is a plan, and that's a big if, or when there's going to be city utilities brought out to us, so are we given the option to tap in? If so, what's the cost to us? And then looking forward, there is no -- since there is no plan, will it continue to be farmed as Ag on M -2 ground? Because once you annex it and rezone it, can it be actively farmed? MS. NOBLE: It can, yes. MR. DODD: Okay. So then you're talking, okay, two, three more years maybe of farming, but then you're talking about all the construction traffic on Eldamain. It's a two-lane road with medians. How is that going to handle -- It's already busy enough. Because of Menards we get trucks 24/7 , and I understood that when I moved in, but now you are talking about 360-degree construction traffic. I stood in front of the other c ity's board and I asked questions, similar questions, and I got literally no answers because the other side of the street they're doing the same thing. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 34 So literally 360 degrees around us will be construction for the next, what, 10 to 15 years? I don't know if I want my kids around that. Thanks. CHAIRMAN WILLIAMS: Thank you as well. All right. Anyone else who wishes to speak? Thank you, sir. MIKE REISENBECK, having been first duly sworn, testified from the podium as follows: MR. REISENBECK: My name is Mike Reisenbeck (phonetic). I have an interest in 1314 Eldamain Road. If I can be candid, it sounds like to me that this is the old proverbial cart before the horse, a lot of what if's , what if this, what if that. There is no plan. I can tell you this, 1314 and the other property, they become an island, a total island, so I 'm going to ask you, how would you like if that happened to you? Forget the financial aspects. If the annexation -- There was a meeting on May 12th? MS. NOBLE: May 14th was the public 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 35 hearing. MR. REISENBECK: Okay, May 14th. What was the outcome of that? MS. NOBLE: There was no outcome. It was a public hearing to gather public input. The City Council, once this advances, will then make a determination based off of the recommendation from this body to annex and rezone. MR. REISENBECK: Okay. But right now that is in Plano, correct, that property? MS. NOBLE: If you are looking at the address as far as the postal address, the post office assigns addresses differently than what the municipality boundaries are, so it may have a Plano address for mailing purposes, but it will be annexed into Yorkville, so it will be -- MR. REISENBECK: It will be? MS. NOBLE: If it's annexed into Yorkville, it will be a Yorkville property. MR. REISENBECK: So how can anybody agree with annexing if they don't know what it's going to be? I mean, there is a lack of information, and the same thing's happened in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 36 Plano. It's almost like Yorkville and Plano are in cahoots. I get development growth, but right now 1314 and the other property are going to become an island. So to the purchaser, or the company that's purchasing the property, rather than wait, I would suggest they negotiate with the homeowners now, not -- not when the cart's out of the -- you know, the horse is out of the barn. That's too late. So I would think the prudent thing would be for them to meet with the homeowners and let's resolve that issue. I 'm trying to think if there was anything else I wanted to comment on. I did look online and I could not find -- the only thing I could find was a proposal for Yorkville to extend its border to Eldamain Road because some of it, or a lot of it, is in Plano currently. MS. NOBLE: Are you saying you were looking for the Comprehensive Plan online? MR. REISENBECK: Yes. Yes. Correct. MS. NOBLE: Yes. The Comprehensive Plan was adopted in 2016, it's been online since 2016. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 37 You just go to the website and do -- MR. REISENBECK: So where do I google? I google Comprehensive -- MS. NOBLE: You go to yorkville.il.us, you click on departments, you click on community development, and everything in regards to development for Yorkville is on that website as far as this project, the project information for this plan as well as other projects that are currently proposed. MR. REISENBECK: I am fairly technologically adept, I couldn't find it. MS. NOBLE: You can always call the Community Development Department and we will be happy to give you a hard copy if you like as well or show you online and provide you the link. MR. REISENBECK: Currently is there a -- is there a master plan for this property? MS. NOBLE: That's the Comprehensive Plan, and the Comprehensive Plan only designates land uses. The City does not ascribe plans and development plans to property we don't own, so we just ascribe a future land use. MR. REISENBECK: So this is where I get 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 38 confused. The property currently that the 1314 is on, that property is currently in Plano? MS. NOBLE: I don't know where that property is located. If it's on the east side of Eldamain and if it's not incorporated in Yorkville, it's part of a boundary agreement between United City of Yorkville and Plano. At any time in the future that property could annex to Yorkville. Anything on the west side of Eldamain would be in the planning area for Plano. So if it's on the east side, it would be in the planning area for Yorkville. MR. REISENBECK: Did I read that that extension of the boundary of Yorkville to exactly east of Eldamain hasn't really officially been done? MS. NOBLE: I 'm not familiar what you're talking about. So in 2016 we adopted a Comprehensive Plan. In 2019 Kendall County came to Yorkville and asked us to revise our Comprehensive Plan to look at properties along Eldamain for industrial land uses. We held a public hearing, we accepted what Kendall County had envisioned 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 Hearing - June 12, 2024 39 the county in that area, and we revised our Comprehensive Plan to extend industrial further north than Yorkville had originally planned for future land use. So we identified the Eldamain corridor, including the Hagemann parcels, as parcels that would be industrial in the future if annexed to Yorkville. MR. REISENBECK: Okay. I guess I 'm going to leave you with a few thoughts. One, 1314 and the other property become an island. They lost total control of their future. They are financially going to take a hit. They are going to state of mind take a hit, and is this what Yorkville wants to do to its long-term homeowners? So my suggestion, again, is -- because it is going to happen, something is going to happen, there is too much money involved, I suggest the proposed purchaser start negotiations now for the property. Thank you. CHAIRMAN WILLIAMS: Thank you. Is there anyone else who wishes to speak in opposition? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 40 (No response.) CHAIRMAN WILLIAMS: I will take that as a no. Is there anyone who wishes to ask any questions of the petitioner? I know we kind of mixed the two, but is there any other questions for the petitioner of this property? (No response.) CHAIRMAN WILLIAMS: All right. So that will close out PZC 2024-0 8 -- Oh, I 'm sorry, sir. Did you have another question? MR. DODD: It was more of a statement. CHAIRMAN WILLIAMS: Yeah, of course. MR. DODD: So as we go through these hearings and these meetings, I keep hearing well, that doesn't affect us right now, that doesn't affect us right now, we are not talking about that right now, but if their proposed plan falls under the zoning, we won't get any say. There is no -- there is no more time for us to say our words, so here we are getting our chance to speak and you keep saying over and over and over we're not talking about that right now, we can't address that right now, we are not doing that right now. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 41 This is our only chance because chances are they are going to do something that falls within the guidelines and then it all gets under approved and everything else without any more words from us, so I just wanted to put that out there, that this is our shot, this is why we're saying what we're saying and it kind of gets drawn out because it's very emotional. I mean, I told my kids what was going on and they started crying, they don't want it, but there is nothing I can do about it except come here and talk. CHAIRMAN WILLIAMS: And I was not lying when I said I am grateful for all you folks coming out tonight because I was worried about these myself, and you guys take as much time as you want, you talk our ears off. I know I might not speak for everyone on the board, but, seriously, we are here for you guys, so please talk as much as you want. If you have questions, please bring them up. I am going to try and make sure I hold time here so that if anyone else has questions, they come up, you folks can get to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 42 them, so hope that helps. MR. DODD: Thanks. CHAIRMAN WILLIAMS: Thank you. MS. CARRABOTTA: I have one more. CHAIRMAN WILLIAMS: Of course. Please. BAILEY CARRABOTTA, having been first duly sworn, testified from the podium as follows: MS. CARRABOTTA: My name is Bailey Carrabotta. I also live on Blackberry Shore Lane. I am just wondering what we can expect in terms of communication with moving forward because, like a lot of people have said, there's been a lack of communication until now. Like the first that we heard about this was getting a letter in the mail. We didn't hear about the May 14th hearing. I didn't know that I had to search back to 2016 to find information or that I should even be searching for that until I received that letter in the mail, so there is a lot of unanswered questions and a lot of concern here, and I think there needs to be some clarity on what type of communication we get forward, and I hope the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 43 answer is not reading the Beacon because it's kind of B .S . CHAIRMAN WILLIAMS: Thank you. MS. MAHER-BARTALONE: I 'd like to say one more thing. CHAIRMAN WILLIAMS: Of course. Please, come on. MS. MAHER-BARTALONE: Again, Mary Maher-Bartalone. I am on Blackberry Shore Lane also. I think -- I don't know if I am summing up what maybe a lot of people are here thinking. It's one thing when the Comprehensive Plan is done for the part of the property that has already been approved, north of Faxon, but quite another on the big parcel of land both to the east of Eldamain, south of the railroad tracks, and also the part northern where you guys live. When you approved M zoning when you have no idea what you're actually going to put there, maybe it's a little preliminary and it could wait until there is actually a plan in place. That's all I will say. CHAIRMAN WILLIAMS: Thank you. Is there 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 44 anyone else who wishes to speak? We do have one more to present, but I want to make sure anyone who has anything to say gets their chance to say it. (No response.) CHAIRMAN WILLIAMS: All right. I will take that as a cue to move forward. Finally, is the petitioner for PZC 2024-15, C 1 Yorkville, LLC, ready to present? RUSS WHITAKER, having been first duly sworn, testified from the podium as follows: MR. WHITAKER: Yes. Good evening. Russ Whitaker, Rosanova & Whitaker, 445 Jackson Avenue, Naperville, this evening on behalf of CyrusOne. Krysti, I 've got a presentation. It looks like you are working on getting that up. MS. NOBLE: We've got a couple computers here we're trying to -- MR. WHITAKER: While she is doing that, I guess the good news here is we've got plans here tonight, so we've got active development in this situation, and while she is working on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 45 getting those up, I guess a little bit by way of introduction, for those of you who may not be familiar with the name CyrusOne, CyrusOne is a leading global data center, developer and operator. They specialize in delivering state-of-the-art digital infrastructure solutions for clients ensuring 24/7 , 365 operations for some of the world's largest companies. CyrusOne owns and operates 32 data centers in the United States and over 5 0 data centers around the world. Here in Illinois CyrusOne has facilities in both Lombard and Aurora. Looking at the subject property that's the subject of the case before you this evening, CyrusOne is the contract purchaser of the 228-acre parcel, which is already located and zoned in the City of Yorkville. I think the annexation and zoning of this parcel dates back nearly 20 years. The property is located on the east side of Eldamain opposite the Menards Distribution facility. Faxon Road and the train 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 46 tracks set the southern boundary of the property. Beecher Road is the eastern boundary. The Com Ed substation with associated right-of-way out to Eldamain is the northern boundary. I would note that the area north of the Com Ed substation, which, if we get there, identified also as Lincoln Prairie, is not part of the property being a cquired by CyrusOne or subject to the development proposal tonight. As I mentioned, the property is zoned into general manufacturing districts, so there is no rezoning request here this evening. Under the City's Unified Development Ordinance, the proposed use of the property as a data center and the associated electrical substation are both permitted uses of the property; in other words, we could build by right under the existing zoning. MS. NOBLE: Do you want us to scroll down to the land plan? MR. WHITAKER: Yeah, go ahead and flip forward. I was kind of talking off of this, so sometimes I have a cursor and I can control where you are looking at, but I don't here, so -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 47 MS. NOBLE: You do. We are going to give that to you. MR. WHITAKER: All right. So the property we are talking about is sort of smack dab in the middle of the screen. It is -- MS. NOBLE: There is a laser pointer. Probably can't see it because the light is probably -- MR. WHITAKER: All right, t here we go. MS. NOBLE: Yes. MR. WHITAKER: So the 2 28 acres we are talking about is located here, kind of identified by the surrounding roadways. Everybody is from the area, so I am not going to belabor that point. Again, what we are showing here is the City's zoning map. Again, this is information that's publicly available on the City's website through the GIS system. What you're seeing here is the property is highlighted in purple. That purple is representative of the M -2 zoning designation, which is the existing zoning of the property. That has been the zoning of the property for some 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 48 period of time. As I stated, the data center and the electrical substation use that we are talking about this evening are both permitted uses of the property in the M -2 zoning district, so, again, we could come, we could submit a building permit to the City of Yorkville, and we could go build by right. That's not what's happening here this evening, but I think it's important to note that that is a possibility. In lieu of building by right, what we've done is we have submitted an application for a planned unit development. The goal of the planned unit development is to establish defined standards for the project so that we have certainty over the long-term of the phased development of the property. As is outlined in Krysti's Staff report, the ultimate build-out of the campus that we are looking at this evening could be 10 to 20 years. With tens of millions of dollars being invested in infrastructure, we need to ensure that development standards are not changing two, five or ten years into the project. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 49 So here we have a site plan for the project, and this is not necessarily a guarantee that this is exactly how this property will be developed over the, you know, 10 or 20-year life span of development, but this is our present vision and how we expect to develop the project as of today, which is why we have presented these plans. In general the campus will consist of nine two-story data center buildings. Those buildings can be identified on this plan as the blue boxes. Those buildings are generally oriented around a large electrical substation that will be constructed for the exclusive service of the data center buildings. The substation is identified in the plan in red. Entrance to the campus is off of Eldamain. I tried to identify that here. So there is a single point of ingress and egress on Eldamain. We have coordinated access with both the city and the county. Access has been strategically aligned with the existing access to Menards, thereby limiting the total number of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 50 curb cuts and traffic conflicts along Eldamain. I would note that a security outpost is planned in this location. Permitted visitors will enter the site through a two-stage gating system. Anyone not admitted will circle to the north and be directed back out of the site via Eldamain before entering into the secured portion of the campus. The rejection lane that's shown on the plan, the circle to the north, is designed to handle both vehicular and truck traffic. The internal road network circles around the buildings providing ample space for maneuvering within the campus. Note that there will not be cross access through the campus for public use, but that there will be cross access provided for the various buildings, the users, within the campus. Because this will ultimately be a secured site as we will discuss, there is just simply not the opportunity for through roads as part of the campus. Parking, a little bit hard to see on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 51 this scale, but sort of in front of, along kind of the spine, the internal spine road, you can see that there is parking slated in front of each of the buildings. Each building, in fact, does have its own sort of parking supply. The concept here is that within the campus there would be shared parking amongst the buildings, so if you work in one building, you might have facilities -- you might have facilities in multiple buildings, you could park anywhere on the campus, but we believe that there is ample supply of parking in the proposed plan. The parking does not meet the City's code requirements. I think the City's code requirement is three-tenths of a space per thousand square feet. CyrusOne has extensive experience in the industry, sort of specializes specifically on this type of use. Based on their international experience, we believe that a slightly lower parking ratio is appropriate. I would note that this isn't a site where we are trying to cram a lot in, right? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 52 We've got ample room to spread things out on this campus, so the request to reduce parking is not a product of we can't fit additional parking, it's a product of we don't think there is a need for a dditional parking, and there is no sense in building additional asphalt surface requiring additional detention when the parking simply isn't necessary. I would note that a secondary access point is off of Faxon -- I keep feeling like I 'm going to hit Krysti in the face with this -- but to the south here is the south access off of Faxon. I would note that this is really a secondary access point. We do not envision that there would be any access to the site, any regular access to the site via this location. There will not be manned security at this location, so that's why we wouldn't permit regular access. That is there for egress. If we have employees who can badge out, they may be able to use that as an egress point. Also, if there were a problem at the main entrance, that would be a secondary access 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 53 for emergency service vehicles. I 've talked about this being a secured campus. There is a fence proposed around the entire perimeter of the campus. If you look closely, you can sort of see that around the bounds, I will try to point it out a little bit. You can see the fence designated here. It wraps around. It is not necessarily located around the road or immediately adjacent to the road in all cases. There is some setback to it at various locations. We are proposing an eight-foot fence. Again, that fence is going to connect to the guard station. It's going to create a secured enclosed perimeter. The facility in Aurora is built in a very similar manner where there is a two-stage security system. The full perimeter is fenced with an eight-foot fence. I would note wetlands. There are four wetlands on the property. They are identified in green. You can see the largest of the wetlands along Eldamain Road. This is, again, a point where I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 54 would say there is ample space on this project, on this property. We are not cramming things in. In this case we are preserving all four of the wetlands in their existing condition. We have ample room for setbacks. We believe that all of the wetlands are isolated wetlands under the jurisdiction of Kendall County and the City of Yorkville. We will comply with the ordinances with respect to buffers associated with those wetlands. Stormwater will obviously be a requirement. You can see that we have scheduled stormwater ponds sort of around the perimeter of the campus. I think this is both practical in the sense of it's sort of where drainage wants to go, right, we don't want to push water uphill, we want to meet water where it's naturally flowing, but where we could provide that stormwater along the perimeter I think provides a natural enhancement. It's increasing the setback to all of the surrounding neighbors. So we heard a lot about what -- you know, when we are talking about a rezoning, we 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 55 don't have a plan, there is uncertainty. The nice thing about having a plan here is we are providing a level of certainty. One of the things that we are providing here is an increased setback by scheduling stormwater ponds around the perimeter of the property, so certainly for those residents, the couple of residents who are along Faxon, I think those stormwater basins are a material benefit because it's driving those buildings further to the north and providing far in excess of the separation that is required under code, what we could otherwise build. This is a landscape plan, so very hard to read at this scale, but if we were -- if you were looking at a printout, what you would see is that we have a schedule of plants along Eldamain, along Faxon and then along Beecher. I point to this other one, Beecher. It's not necessarily again right along the right-of-way, it's set back a little bit, but there is a solid row of landscaping proposed in that location. I think Krysti mentioned earlier 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 56 that there is different types of perimeter landscape treatments under the code. In this case we are showing Type D landscape treatment along Eldamain. That Type D landscape treatment is five -- five understory trees, five overstory trees or evergreens, plus I think it's 35 -- MS. NOBLE: 25. MR. WHITAKER: 25 either shrubs or native grasses, so we are talking about a schedule of ten trees plus grasses and shrubs per every hundred feet. We've got a couple hundred feet of length here, so you are going to see a nice full buffer of landscape along that Eldamain frontage. We are showing Type C landscape treatment along Faxon and Beecher. We are still working through those issues with Staff. I think ultimately it's likely that the landscape treatment along Faxon will be beefed up a little bit and become Type D in lieu of Type C , but, again, we are still working through those details. I think when we talk about kind of some of these things beginning to come together, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 57 I think one of the things we have done a very, very nice job of is creating some isolation. Secured campus, right, we're not looking to market ourselves along Eldamain or Faxon Roads, we are kind of trying to fade into the background, and so when you start adding up some of the things that we're doing, you've got the Type D landscape buffer along Eldamain Road, you've got an eight-foot fence along Eldamain Road, you've got extensive setbacks along Eldamain Road, those concepts being repeated along Beecher and along Faxon, and I think from the public realm you're going to see all of those open space type improvements in the foreground and the buildings will very much fade into the background, so that was absolutely part of our design intent with the campus, not being real forward facing, but kind of fading back into the background of the community. I 'm going to wrap up with a quick discussion of elevations. So this is a prototype elevation. I would note that this is a manufacturing district. At the end of the day, these are industrial buildings. These are like 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 58 the most expensive industrial buildings you could possibly imagine, but they are industrial buildings nonetheless, so it is largely a precast concrete building. In this case it is a two-story precast concrete building. I would just call out a couple of details as we look at the building. Here the large gray sections are precast concrete, which are seen here in the center element, sort of a lobby that would be the primary entrance. I would note that if you were looking at the call-outs and matching them up with the call-outs at the bottom of the screen, you would see that they are calling out metal panel sections, and so those metal panel sections are meant as decorative elements to kind of help create some architectural interest on the large concrete facade of the building, and so you can see a variety of different types of metal panels and louver systems along with glass on that front entry in order to, in fact, create a nice entry into the building. I would note that you've got some metal panel segments on the side and then 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 59 wrapping the corner of the building. We envision there might be logos or signs in that location. Again, these are architectural elements that help to bring a little more interest and character to the building. A couple other things I would note. We didn't talk a lot about the original -- the perimeter immediately around the buildings, but one of the things that's unique about a data center is it's a guarantee of performance, a guarantee of power, right, and so we have backup systems in place to make sure that if the power goes out, the power doesn't go out to our customers in this building. That's the core of being in this building. So there is a large generator yard associated with each building. That generator yard is depicted on the bottom here. What I would point out is that the generators are in the background here. What you're seeing in the gray wall in the foreground is a screen wall. Generally speaking, that's , rough number, a 20-foot screen wall. Here we've got that screen wall 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 60 specced as a concrete slab screen wall. The reason it's specced as a concrete slab screen wall in this instance is that it may be acoustical. Kind of the same condition on the rooftop. We have a lot of mechanical equipment. Because of all of the computer equipment that's in a building like this, cooling is very, very important in order to ensure operation inside the facility, so there is a lot of cooling equipment that gets housed into the mechanical penthouse located on the roof of the two-story building. What we're showing here is that that mechanical penthouse is being screened, again, a metal panel system which serves as screening around the building. The reason I relay these two things is we recognize that there are mechanical components associated with the operation of this building. That mechanical equipment can emit sound, so what we do as a matter of practice in development of a building like this is as we submit for building permit, we are going to work with an acoustic engineer. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 61 That acoustic engineer is going to take the inputs, he is going to look at the generators, he is going to look at the mechanical systems going on the roof. He will take manufacturer specifications, he will build them out, so from a scientific basis, he is modeling how sound is going to travel as a result of the operations of this building, and he is going to then reverse engineer and design whatever sound attenuation measures may be necessary in order to ensure that we, in fact, comply with applicable noise ordinances, whether it's a city ordinance or whether it's Illinois Pollution Control Board requirements related to noise attenuation between industrial and residential uses. So that's kind of a high level of detail of what we've got going on. There is some stuff that's in -- there is a lot of stuff that's in Krysti's report, she is very thorough, went through a lot of detail that was in our petition. I wanted to kind of -- I think it's better to kind of tell these as a story and understand how the facility operates rather than talking about while we are requesting relief from 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 62 this, we're not talking about how all these things work together, so I hope that was helpful. If there are questions about the specific details or some of the other requests for relief we have, I would be happy to answer them. I would just -- and I guess by way of pointing it out -- if I could, I would back up a slide, but that doesn't seem to be working. So if we were on the landscape plan, there is some relief with respect to the landscaping. By way of example, we are trying to landscape very heavily and focus on the perimeter of the site. The interior of the site is not going to be seen by the public. It's , like I said, a secured entrance, no one driving through, and these buildings are going to be hiding the vast majority of the site, so by way of example, we are showing some parking lot island trees, but we don't think it's going to be beneficial to install a tree every 20 feet because of the unique use of the property. We think it's going to be beneficial due to the industrial operation inside the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 63 facility to reduce some of the internal landscape requirements. So there are some things like this based on our historic operation of these facilities that we have suggested would be appropriate in this application. I think Staff has generally supported those requests. If there are any specific questions on those items, though, we would be happy to dive into detail. I also have Bradd Hout. Bradd is the development director with Cyrus and he does campuses like this all around the country, so whether it's Bradd or I , we will patch it together and answer any questions you might have. Thank you. CHAIRMAN WILLIAMS: Thank you, sir. All right. So with that said, is there anyone who wishes to speak in favor of this particular request? (No response.) CHAIRMAN WILLIAMS: Is there anyone who wishes to speak in opposition? (No response.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 64 CHAIRMAN WILLIAMS: Are there any additional questions for the petitioner at this time? Come on up, sir. MR. BARTALONE: Do I have to go all the way over there? CHAIRMAN WILLIAMS: No, you can just -- MS. NOBLE: We can't -- we do need -- CHAIRMAN WILLIAMS: We do need you at the mic because we do record it for the public. MR. BARTALONE: I was wondering what the decibel level was going to be for the generators. Don Bartalone. What's the -- you know, you said you've got all the generators that are coming on and cooling. What's the decibel level? MR. WHITAKER: So we have not -- we have not done a building permit set yet, so in terms of process -- there's been a lot of conversation about process today, right, so we are submitting for a preliminary plan. So when we submit for a preliminary plan, we kind of tell you the sewer line is going to go here, the building is going to go here, here is how many parking spaces we are going to have. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 65 What we don't tell you is the exact depth of the sewer line or what that sewer line is going to be constructed of, so -- MR. BARTALONE: Gotcha. MR. WHITAKER: -- that will be final engineering. After we get through final engineering, we will go to the next step, and the next step is a building permit, and when we do a building permit we will give you the specifications about how those panels connect together on the building and we will tell you all of the mechanical equipment that's going in this building. We are not there yet, but when we do get there, we will provide the city a report of all of that equipment and we will have an acoustical engineer study the equipment and tell you what that acoustical level is and whether or not we need to wrap that or screen that in order to reduce the decibel level so that it doesn't impact surrounding areas. MR. BARTALONE: I was just wondering because you have stuff in Aurora, so -- MR. WHITAKER: We do. Absolutely. And 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 66 there is three generations. There is three buildings in Aurora, and so the first building was constructed circa 2016 and we are dealing with some sound attenuation on some of that equipment. There is some newer equipment that we don't have problems with. So we are actively working with the City of Aurora right now. We are doing a similar sound study on stuff that was built before -- Cyrus didn't build it, they bought it, and so we are going back and we are trying to recreate and figure out how we can correct some sound issues. MR. BARTALONE: Yeah, because my concern is you said you are by Menards . At 4 :00 o 'clock in the morning we hear the trucks in our neighborhood, don't we? And I know a lot of them have the mufflers. They don't have mufflers, they've straight pipes on them, you know. I was just wondering what kind of noise would come out of your building. At 4 :00 o 'clock we hear -- I mean, I get up. It's like an alarm for me. So that was my concern, what was the -- you know, because you 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 67 said I 've got a lot of -- we've got a lot of generators that are going to start up. MR. WHITAKER: And, generally speaking, those generators aren't going -- the generators are running when we are testing them, and we are generally going to test them once a month. We are not going to test them at 4 :00 a .m ., I can pretty much promise you that. When we test them once a month, there could -- there will be sound, there will be because we are running them, but the hope is other than the testing we are never running those generators because we are only running them when the power is out, so there is not any sort of regular operation of generators. MR. BARTALONE: And what you just said, when the power is out, and how long can the power be out and then they're going to be running and that's what my concern is. MR. WHITAKER: Understood. MR. BARTALONE: Are we going to get that -- Because there is not a lot of stuff up around your -- the other building, it's going to be nice and empty until they fill it all in, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 68 we're going to hear all that because it's like a wind tunnel coming over here at my house and we hear all of the stuff, so that was my -- MR. WHITAKER: Yes, and that is exactly why we have things like a sound wall scheduled around the generators, and that sound wall is going to make sure that the sound is not leaving that generator -- MR. BARTALONE: Got it. MR. WHITAKER: -- and going directly to your house. MR. BARTALONE: That's why I asked. MS. NOBLE: I can add a little bit. The City was concerned about that as well and we hired a sound engineer to evaluate the preliminary plan. The preliminary plan itself doesn't give enough information to tell you what the decibel level is. We do have a noise ordinance in the city and the engineer provided a report and said that they are confident based upon just general practices for noise control screening, compression wraps, that this property can meet the noise ordinance standards, but we will be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 69 evaluating the equipment choices that they make during the building permit process with a third party as well, not hired by the petitioner, but by the city. CHAIRMAN WILLIAMS: Thank you. Are there any additional questions? Please. MS. MAHER-BARTALONE: Just a quick question. CHAIRMAN WILLIAMS: No, of course. MS. MAHER-BARTALONE: Again, Mary Maher-Bartalone. Just a quick question. Do you know the approximate height of these two-story buildings? MR. WHITAKER: 55 feet. MS. MAHER-BARTALONE: 55 feet, okay. And then if down the line Cyrus were to be getting involved with the purchase of the additional properties that are surrounding it, could we anticipate it to be a similar sort of layout situation with the buildings and the 55 feet high? MR. WHITAKER: So to clarify, 55 feet is to the roof line. The mechanical penthouse would be above that and wrapped with the mechanical 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 70 screen, so I think the top, the top of the mechanical penthouse, is about 70 feet. I believe that at 70 feet we're still 30 feet or so under code requirement, so we are well within code limitations. So we have got -- we also have the piece of property to the north of the access drive, so that's part of the parcel we are buying, not slated for development just yet. The build-out plan here is estimated 10 to 20 years, it's all going to be driven based on demand of the market and supply of electricity, so we think we've got a very good run in front of us on this site. MS. MAHER-BARTALONE: What about to the south? MR. WHITAKER: I wouldn't speculate that we are chasing any other property. MS. MAHER-BARTALONE: Okay. CHAIRMAN WILLIAMS: Thank you. MR. BRIAN: Once again, Brian. This kind of relates to overall if you look how close it is to Menards, Eldamain is being impinged already. That's more a question towards the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 71 City, do we have -- can Eldamain and even smaller behind it, Beecher, handle the increase in traffic? MS. NOBLE: So with this project they are required to do road improvements. In the packet Staff has recommendations for road improvements along Faxon and potentially Beecher. The City does not have jurisdiction over Eldamain, that's Kendall County Highway, and they have reviewed the plans, and they would be the ones issuing the permit for access off of Eldamain. MR. BRIAN: Does it specify by improvement, is this just a vague gesture for now, whether it's widening or specific mentions like that? MS. NOBLE: So it's specific and there is a cost estimate to it, so there is a cross-section that's been provided that's in the packet that the city engineer would recommend for the lane use of this site because right now it cannot handle any truck traffic along Faxon or Beecher. MR. BRIAN: And what about traffic 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 72 lights? There is the YMCA just south of those two locations with a bunch of children. MS. NOBLE: Correct. MR. BRIAN: And with the increase of traffic, does that include the constructed improvement? MS. NOBLE: So because Eldamain would be the intersection where a traffic light would possibly go, the City does not have jurisdiction over that. That would be Kendall County Highway. MR. BRIAN: Okay. MR. WHITAKER: Just to dovetail on those things, we do not expect that there would be a stoplight at the intersection with Menards. I would note that a data center use is going to be one of the lowest possible traffic generators you would have in a manufacturing district. While there is a work force that would be associated with it, a visitor at Aurora, there is a number of operating engineers that are in the building constantly monitoring the facilities to make sure that those facilities are up and operational if we need them, but, in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 73 general, we've got almost two and a half million square feet of total building area here. The overall traffic load is anticipated to be very low. We've worked with K LOA, which is a traffic engineer. We haven't actually submitted the traffic study to the City yet, but I did talk to the engineer today and they are close. We kind of ran into a hiccup in that we originally had a plan with two or three access points on Eldamain and then another access point on Faxon. The C ounty objected to that. We met with the C ounty, we worked with the C ounty, and we have revised the plan as you see it today. We are entirely comfortable with this plan at this point in time, but our traffic engineer is obviously catching up. That being said, he has scheduled what he believes to be peak hour traffic, which is what everybody should be focused on. If we have built the full two and a half million square feet, in the weekday -- the weekday a .m . peak hour, we are talking about 2 7 0 trips. In a weekday evening peak hour, we are talking about 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 74 2 20 total trips. It's a combination of in-and-out trips, so in the grand scheme of industrial manufacturing uses, that is extremely, extremely low. An office building of ten percent its size would be generating those kind of trip loads, so this will be a very high driver in terms of property tax value. This will drive electric tax revenue like the city has not seen before. I would venture to guess that this site probably becomes the single largest taxpayer in the United City of Yorkville, and, as a result of it, you will get very little traffic on your surrounding roads. CHAIRMAN WILLIAMS: Thank you. Were there any other questions for the petitioner? And, like I said, I will hold for a couple minutes. Yes, ma'am. MS. PRATHER: Hi. My question is how much power do these data centers pull from our grid and like does that affect our house? Because I don't have time to go like all Erin Brockovic, I want to know that like I am 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 75 going to be healthy, it's not going to like emit something into the air that's going to damage me or his little ones or anyone around us. MR. WHITAKER: I don't have the -- I don't have the power consumption numbers in front of me, but there is an extraordinary amount of power that's being consumed by these data centers that are full of computers. In terms of emission, there is absolutely nothing. It's computers inside the facility. In certain other applications, in Aurora, by way of example, we have communication towers. There are no communication towers here, so there is no R F or anything else that would be associated with this. It's computers. CHAIRMAN WILLIAMS: Do you have any idea how much power will be pulled from a substation versus from the local grid? Because I did notice you have a substation on the property. MR. WHITAKER: Yes. So, I mean, we will be interconnecting high voltage -- high voltage, medium voltage? MR. HOUT: High voltage. MR. WHITAKER: High voltage from the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 76 existing substation to the substation on our site. The substation on our site will be used to feed this facility and the developer will be responsible for the construction of the substation on our site, so that is infrastructure costs that we are bearing. I would also note that the utility improvements that were being discussed as part of other cases are also largely being borne by this development, so water extensions to the north, to the east, to the south, and then sanitary sewer connections to the east and to the south are all being borne , so there are I think -- I believe it's in excess of $10,000,000 in utility upgrades that are being borne by this facility subject to some cost recapture over an extended period of time. CHAIRMAN WILLIAMS: Thank you. All right. Are there any other questions for the petitioner? (No response.) CHAIRMAN WILLIAMS: Like I said, I 'll hold a minute, so if anyone thinks of anything, they can certainly come forward. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 77 All right. So with that said, since all public testimony regarding this petition has been taken, may I have a motion to close the taking of testimony and this public hearing? MS. GOINS: So moved. MR. MILLEN: Second. CHAIRMAN WILLIAMS: Thank you. Roll call vote on the motion, please. MS. YOUNG: Yes. Williams. CHAIRMAN WILLIAMS: Yes. MS. YOUNG: Forristall. MR. FORRISTALL: Yes. MS. YOUNG: Hyett. MR. HYETT: Yes. MS. YOUNG: Goins. MS. GOINS: Yes. MS. YOUNG: Millen. MR. MILLEN: Yes. MS. YOUNG: And Vinyard. (No response.) MS. YOUNG: Vinyard. CHAIRMAN WILLIAMS: That's a yes. MS. YOUNG: Thank you. CHAIRMAN WILLIAMS: All right. The 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 78 public hearing portion of tonight's meeting is now closed. (Which were all the proceedings had in the public hearing portion of the meeting, concluding at 8 :22 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 Hearing - June 12, 2024 79 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 80, was reported stenographically by me by means of machine shorthand, was simultaneously reduced to typewriting via computer-aided transcription under my personal direction, and constitutes a true record of the testimony given and the proceedings had; That the said public hearing was taken before me at the time and place specified; That I am not a relative or employee or attorney or counsel, nor a relative or employee of such attorney or counsel for any of the parties hereto, nor interested directly or indirectly in the outcome of this action. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - June 12, 2024 80 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 1 st day of June, 2024. __________________________________ CHRISTINE M. VITOSH, C.S.R. 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78:2 closely [1] - 53:5 closest [1] - 28:17 code [8] - 22:6, 23:14, 51:15, 55:13, 56:2, 70:4, 70:5 cold [1] - 9:11 Com [3] - 19:6, 46:2, 46:6 combination [1] - 74:1 comfortable [1] - 73:15 coming [5] - 16:13, 16:16, 41:15, 64:13, 68:2 commencement [1] - 79:6 comment [3] - 25:13, 32:11, 36:14 comments [2] - 19:5, 24:17 COMMISSION [1] - 1:10 Commission [4] - 4:6, 4:10, 24:9, 25:3 commissioners [1] - 18:10 commonly [1] - 14:2 communication [5] - 42:12, 42:14, 42:24, 75:12, 75:13 community [6] - 10:23, 11:6, 28:3, 37:5, 57:19 Community [2] - 2:11, 37:14 companies [1] - 45:9 company [1] - 36:5 compared [1] - 12:7 compensated [1] - 24:20 complete [1] - 21:10 completely [1] - 22:19 comply [2] - 54:9, 61:11 components [1] - 60:19 Comprehensive [10] - 26:5, 36:21, 36:23, 37:3, 37:19, 37:20, 38:19, 38:21, 39:2, 43:13 compression [1] - 68:23 computer [2] - 60:7, 79:14 computer-aided [1] - 79:14 computers [4] - 44:19, 75:8, 75:10, 75:15 con [1] - 17:19 concept [1] - 51:6 concepts [1] - 57:11 concern [5] - 21:1, 42:22, 66:13, 66:24, 67:19 concerned [1] - 68:14 concerning [1] - 79:8 concerns [1] - 12:13 concluding [1] - 78:5 concrete [6] - 58:4, 58:5, 58:8, 58:18, 60:1, 60:2 condition [2] - 54:4, 60:5 conditions [1] - 24:9 conducted [1] - 15:3 confidence [2] - 27:7, 29:3 confident [1] - 68:21 conflicts [1] - 50:1 confused [2] - 20:6, 38:1 connect [2] - 53:13, 65:10 connections [1] - 76:12 considered [1] - 4:9 consist [2] - 14:4, 49:9 consisting [2] - 7:19, 8:8 consists [1] - 7:2 constantly [1] - 72:22 constitutes [1] - 79:15 constructed [4] - 49:15, 65:3, 66:3, 72:5 construction [8] - 10:23, 11:1, 12:17, 28:9, 33:14, 33:19, 34:2, 76:4 consumed [1] - 75:7 consumption [1] - 75:5 containment [2] - 31:9, 31:10 contingencies [1] - 23:3 contingent [2] - 6:24, 7:18 continue [1] - 33:6 contract [4] - 6:14, 7:7, 17:17, 45:17 Control [1] - 61:13 control [4] - 39:12, 46:23, 68:22, 80:6 conversation [1] - 64:17 cooling [3] - 60:8, 60:10, 64:14 coordinated [1] - 49:21 copies [2] - 80:3, 80:6 copy [1] - 37:15 core [1] - 59:14 Corneils [1] - 7:13 corner [1] - 59:1 correct [10] - 15:18, 16:17, 17:22, 21:15, 21:17, 23:4, 35:10, 36:22, 66:12, 72:3 corridor [3] - 10:19, 11:2, 39:6 cost [3] - 33:4, 71:18, 76:16 costs [1] - 76:6 Council [6] - 7:1, 7:19, 17:24, 24:12, 25:2, 35:6 council [1] - 32:5 counsel [2] - 79:21, 79:22 country [2] - 31:7, 63:13 county [2] - 39:1, 49:22 COUNTY [1] - 79:2 County [12] - 6:17, 7:9, 8:1, 28:16, 38:19, 38:24, 54:8, 71:9, 72:10, 73:12, 73:13 county's [1] - 19:19 couple [6] - 44:19, 55:8, 56:11, 58:6, 59:6, 74:18 course [5] - 12:5, 40:12, 42:5, 43:6, 69:9 cover [1] - 10:15 cram [1] - 51:24 cramming [1] - 54:2 crazy [1] - 31:5 create [4] - 17:7, 53:14, 58:17, 58:21 creating [1] - 57:2 credits [1] - 31:20 cross [3] - 50:16, 50:18, 71:19 cross-section [1] - 71:19 crush [2] - 22:17, 22:18 crying [1] - 41:10 cue [1] - 44:7 curb [1] - 50:1 current [2] - 12:6, 24:4 cursor [1] - 46:23 customers [1] - 59:14 cuts [1] - 50:1 Cyrus [3] - 63:12, 66:9, 69:16 CyrusOne [8] - 44:16, 45:3, 45:10, 45:13, 45:17, 46:8, 51:18 D dab [1] - 47:5 daily [1] - 25:11 damage [1] - 75:2 Danny [1] - 2:2 data [15] - 8:4, 9:12, 9:22, 19:11, 45:4, 45:10, 45:11, 46:15, 48:2, 49:10, 49:16, 59:9, 72:15, 74:21, 75:7 dates [1] - 45:20 days [1] - 31:10 deal [2] - 11:23, 26:12 dealing [2] - 21:6, 66:3 decently [1] - 31:18 decibel [4] - 64:11, 64:14, 65:20, 68:19 decided [1] - 14:23 decorative [1] - 58:16 defined [1] - 48:14 degrees [1] - 34:1 delivering [1] - 45:6 demand [1] - 70:12 dense [2] - 23:19, 23:21 Department [1] - 37:14 departments [1] - 37:5 depicted [1] - 59:18 Depot [1] - 28:6 depth [1] - 65:2 design [2] - 57:17, 61:9 designated [1] - 53:7 designates [1] - 37:20 designation [1] - 47:22 designed [1] - 50:11 detail [4] - 12:19, 61:17, 61:20, 63:10 details [3] - 56:22, 58:7, 62:4 detention [1] - 52:7 determination [1] - 35:7 develop [5] - 14:7, 25:22, 26:1, 49:6 developed [5] - 19:3, 22:15, 23:7, 28:1, 49:4 developer [3] - 14:22, 45:4, 76:3 development [30] - 8:3, 9:11, 9:19, 9:22, 12:2, 12:8, 13:2, 14:8, 17:11, 17:13, 17:15, 21:23, 22:1, 26:8, 26:18, 36:2, 37:6, 37:7, 37:22, 44:23, 46:9, 48:13, 48:14, 48:17, 48:23, 49:5, 60:22, 63:12, 70:9, 76:10 Development [3] - 2:12, 37:14, 46:13 different [2] - 56:1, 58:19 differently [1] - 35:13 digital [1] - 45:7 directed [2] - 26:8, 50:7 direction [2] - 79:15, 80:6 directly [3] - 16:24, 68:10, 79:23 Director [1] - 2:12 director [1] - 63:12 dirt [1] - 30:21 discuss [2] - 26:10, 50:21 discussed [1] - 76:8 discussion [3] - 6:12, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 12, 2024 3 26:14, 57:21 discussions [1] - 26:19 distance [1] - 24:2 distances [1] - 23:24 Distribution [1] - 45:24 District [6] - 6:23, 6:24, 7:17, 7:18, 22:2, 22:11 district [4] - 28:20, 48:5, 57:23, 72:18 districts [1] - 46:11 dive [1] - 63:10 document [1] - 14:4 Dodd [1] - 30:16 DODD [8] - 3:11, 30:12, 30:15, 32:10, 33:11, 40:11, 40:13, 42:2 dollars [2] - 10:21, 48:21 don [1] - 64:12 Don [1] - 29:14 DON [2] - 3:10, 29:11 done [6] - 11:2, 38:16, 43:13, 48:12, 57:1, 64:16 Door [3] - 6:14, 7:6, 8:20 dovetail [1] - 72:12 down [4] - 16:16, 26:2, 46:20, 69:16 drainage [1] - 54:16 drawn [1] - 41:8 dream [1] - 32:15 Drive [1] - 1:17 drive [2] - 70:8, 74:8 driven [1] - 70:11 driver [1] - 74:7 driving [2] - 55:10, 62:16 due [1] - 62:24 duly [12] - 8:16, 10:10, 11:17, 13:17, 20:16, 27:2, 29:12, 30:13, 34:9, 42:7, 44:11, 79:7 during [3] - 4:19, 5:1, 69:2 E early [1] - 28:3 earmarked [1] - 26:17 ears [1] - 41:17 east [11] - 7:12, 8:6, 14:12, 14:14, 38:4, 38:11, 38:15, 43:16, 45:22, 76:11, 76:12 eastern [1] - 46:2 eco [2] - 31:6, 31:20 eco-friendly [1] - 31:6 Ed [3] - 19:6, 46:2, 46:6 egress [3] - 49:20, 52:20, 52:22 eight [6] - 27:19, 28:22, 28:23, 53:12, 53:19, 57:9 eight-foot [3] - 53:12, 53:19, 57:9 either [1] - 56:8 Eldamain [43] - 7:12, 8:6, 10:18, 11:2, 14:12, 14:14, 17:6, 17:8, 19:17, 19:18, 20:19, 30:6, 30:16, 30:20, 33:14, 34:13, 36:18, 38:5, 38:10, 38:15, 38:22, 39:5, 43:16, 45:23, 46:4, 49:19, 49:21, 50:1, 50:8, 53:23, 55:18, 56:4, 56:13, 57:4, 57:8, 57:9, 57:11, 70:23, 71:1, 71:9, 71:12, 72:7, 73:11 electric [1] - 74:9 Electrical [1] - 10:15 electrical [3] - 46:15, 48:3, 49:14 electricity [1] - 70:13 element [1] - 58:9 elements [2] - 58:16, 59:3 elevation [1] - 57:22 elevations [1] - 57:21 emergency [1] - 53:1 emission [1] - 75:9 emit [2] - 60:20, 75:1 emotional [1] - 41:8 employee [2] - 79:20, 79:21 employees [1] - 52:21 empty [1] - 67:24 enclosed [1] - 53:15 encroach [1] - 29:5 end [3] - 12:21, 27:20, 57:23 engineer [10] - 60:24, 61:1, 61:9, 65:17, 68:15, 68:20, 71:20, 73:6, 73:8, 73:16 engineering [2] - 65:6, 65:7 engineers [1] - 72:21 enhance [1] - 10:21 enhancement [1] - 54:21 ensure [3] - 48:22, 60:9, 61:11 ensuring [1] - 45:8 enter [1] - 50:4 entering [1] - 50:8 entire [3] - 10:18, 19:8, 53:4 entirely [1] - 73:15 entitled [2] - 18:2, 21:22 entrance [4] - 49:18, 52:24, 58:10, 62:16 entry [2] - 58:21 envision [2] - 52:15, 59:1 envisioned [1] - 38:24 equipment [10] - 60:6, 60:7, 60:10, 60:20, 65:12, 65:16, 65:17, 66:5, 69:1 Erin [1] - 74:24 especially [2] - 28:20, 32:20 establish [2] - 28:3, 48:14 established [1] - 27:15 Estate [1] - 14:1 estimate [1] - 71:18 estimated [1] - 70:10 evaluate [1] - 68:15 evaluating [1] - 69:1 evening [10] - 8:19, 10:12, 44:13, 44:15, 45:17, 46:12, 48:4, 48:9, 48:20, 73:24 eventually [1] - 32:24 evergreens [1] - 56:6 exact [1] - 65:1 exactly [4] - 12:4, 38:14, 49:3, 68:4 example [6] - 13:1, 14:22, 27:17, 62:11, 62:18, 75:12 except [1] - 41:11 excess [2] - 55:12, 76:14 exclusive [1] - 49:15 excuse [1] - 11:3 existing [5] - 46:18, 47:23, 49:23, 54:4, 76:1 exists [1] - 17:14 expect [3] - 42:11, 49:6, 72:13 expensive [1] - 58:1 experience [2] - 51:18, 51:21 extend [2] - 36:17, 39:2 extended [1] - 76:16 extension [3] - 16:20, 17:1, 38:14 extensions [1] - 76:10 extensive [3] - 9:7, 51:18, 57:10 extraordinary [1] - 75:6 extremely [2] - 74:3, 74:4 F facade [1] - 58:18 face [1] - 52:11 facilities [8] - 9:12, 45:13, 51:9, 51:10, 63:5, 72:23 facility [8] - 45:24, 53:16, 60:10, 61:23, 63:1, 75:11, 76:3, 76:15 facing [1] - 57:18 fact [3] - 51:5, 58:21, 61:11 factories [1] - 30:7 factory [1] - 10:20 facts [2] - 25:8, 25:11 fade [2] - 57:5, 57:15 fading [1] - 57:18 fair [2] - 16:17, 22:16 fairly [1] - 37:11 falls [2] - 40:17, 41:3 familiar [2] - 38:17, 45:3 Family [3] - 6:23, 7:7, 7:16 family [4] - 30:18, 31:13, 32:12, 32:13 far [5] - 23:16, 23:20, 35:12, 37:8, 55:11 farm [4] - 10:19, 14:3, 27:24 farmed [2] - 33:7, 33:9 farmer [1] - 32:1 farming [1] - 33:13 farmland [1] - 28:10 favor [8] - 5:4, 10:7, 11:8, 12:2, 13:6, 13:10, 20:9, 63:19 Faxon [19] - 6:21, 8:8, 14:2, 16:17, 17:7, 17:8, 43:15, 45:24, 52:10, 52:13, 55:9, 55:18, 56:16, 56:19, 57:5, 57:12, 71:7, 71:22, 73:12 Fe [2] - 6:20, 8:7 feed [1] - 76:3 feet [14] - 24:2, 51:17, 56:11, 56:12, 62:21, 69:14, 69:15, 69:21, 69:22, 70:2, 70:3, 73:2, 73:22 fence [8] - 23:11, 23:22, 53:3, 53:7, 53:13, 53:19, 57:9 fenced [1] - 53:18 fencing [1] - 23:8 few [2] - 27:5, 39:10 figure [1] - 66:11 filed [3] - 6:15, 7:8, 7:24 fill [1] - 67:24 final [4] - 9:15, 19:22, 65:5, 65:6 finally [2] - 7:22, 44:7 financial [1] - 34:21 financially [1] - 39:13 fine [1] - 30:8 first [15] - 8:16, 9:2, 10:10, 11:17, 13:17, 19:14, 20:16, 27:2, 29:12, 30:13, 34:9, 42:7, 42:15, 44:11, 66:2 fit [1] - 52:3 five [6] - 19:11, 31:17, 48:24, 56:5 fixed [1] - 24:21 flip [1] - 46:21 flowing [1] - 54:18 focus [1] - 62:12 focused [1] - 73:20 folks [3] - 22:22, 41:14, 41:24 following [2] - 4:1, 26:7 follows [13] - 5:2, 6:13, 8:17, 10:11, 11:18, 13:18, 20:17, 27:3, 29:13, 30:14, 34:10, 42:8, 44:12 foot [3] - 53:12, 53:19, 57:9 force [2] - 12:17, 72:19 foregoing [1] - 79:10 foreground [2] - 57:14, 59:21 forget [1] - 34:20 FORRISTALL [2] - 6:3, 77:12 Forristall [3] - 2:7, 6:2, 77:11 forth [2] - 19:2, 28:2 forward [9] - 10:8, 21:11, 33:5, 42:12, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 12, 2024 4 42:24, 44:7, 46:22, 57:18, 76:24 four [4] - 19:6, 30:22, 53:21, 54:3 friendly [1] - 31:6 front [6] - 33:21, 51:1, 51:3, 58:20, 70:14, 75:5 frontage [1] - 56:14 full [4] - 53:18, 56:13, 73:21, 75:8 fund [1] - 16:19 future [7] - 14:7, 25:11, 37:23, 38:8, 39:4, 39:7, 39:12 G gather [1] - 35:5 gating [1] - 50:4 General [2] - 6:24, 7:17 general [4] - 46:11, 49:9, 68:22, 73:1 generally [9] - 6:19, 7:12, 8:5, 12:1, 49:13, 59:22, 63:7, 67:3, 67:6 generating [1] - 74:6 generations [1] - 66:1 generator [3] - 59:16, 59:17, 68:8 generators [11] - 59:19, 61:3, 64:11, 64:13, 67:2, 67:4, 67:13, 67:15, 68:6, 72:17 gesture [1] - 71:14 Gilbert [2] - 8:19, 18:23 GILBERT [6] - 3:4, 8:13, 8:15, 8:18, 18:22, 25:19 GIS [1] - 47:19 given [2] - 33:3, 79:16 gladly [1] - 28:1 glass [1] - 58:20 global [1] - 45:4 goal [1] - 48:13 Goins [3] - 2:4, 6:6, 77:15 GOINS [4] - 5:16, 6:7, 77:5, 77:16 google [2] - 37:2, 37:3 gotcha [1] - 65:4 grand [1] - 74:2 granted [1] - 28:1 grass [1] - 30:24 grasses [2] - 56:9, 56:10 grateful [1] - 41:14 gray [2] - 58:8, 59:20 great [1] - 20:24 green [1] - 53:22 Green [3] - 6:14, 7:6, 8:20 Greg [1] - 2:5 grid [2] - 74:22, 75:18 ground [2] - 32:1, 33:7 growth [1] - 36:2 Grundy [1] - 28:18 guarantee [3] - 49:2, 59:10, 59:11 guard [1] - 53:14 guess [7] - 9:23, 14:15, 39:9, 44:22, 45:1, 62:6, 74:11 guidelines [1] - 41:3 guys [5] - 29:19, 29:24, 41:16, 41:19, 43:18 H Hagemann [6] - 5:11, 7:6, 7:7, 18:20, 20:4, 39:6 half [3] - 19:17, 73:1, 73:21 hand [3] - 4:22, 80:4, 80:8 handle [4] - 33:16, 50:12, 71:2, 71:22 happy [6] - 22:21, 23:8, 27:22, 37:15, 62:5, 63:10 hard [5] - 25:24, 26:1, 37:15, 50:24, 55:15 healthy [1] - 75:1 hear [7] - 15:4, 32:4, 42:17, 66:15, 66:22, 68:1, 68:3 heard [5] - 4:14, 29:1, 42:15, 54:23, 79:7 HEARING [1] - 1:11 hearing [17] - 4:3, 4:20, 5:2, 15:2, 15:7, 15:14, 15:17, 35:1, 35:5, 38:23, 40:14, 42:17, 77:4, 78:1, 78:4, 79:10, 79:18 hearings [5] - 4:5, 4:7, 5:9, 6:12, 40:14 heavily [1] - 62:12 heavy [1] - 13:4 height [1] - 69:12 held [3] - 15:8, 15:14, 38:23 hello [2] - 8:18, 27:4 help [3] - 20:23, 58:16, 59:3 helpful [1] - 62:2 helps [1] - 42:1 hereby [1] - 79:5 herein [1] - 79:9 hereto [2] - 79:23, 80:2 hereunto [1] - 80:7 hi [1] - 74:20 Hi [1] - 30:15 hiccup [1] - 73:9 hiding [1] - 62:17 high [8] - 28:22, 61:16, 69:21, 74:7, 75:21, 75:23, 75:24 highlighted [1] - 47:21 Highway [2] - 71:9, 72:10 hired [2] - 68:15, 69:3 historic [1] - 63:4 hit [3] - 39:13, 39:14, 52:11 HOA [1] - 30:23 hold [6] - 9:20, 21:22, 27:9, 41:23, 74:18, 76:23 Home [1] - 28:6 home [1] - 30:17 homeowner [1] - 12:15 homeowners [5] - 24:23, 26:20, 36:8, 36:12, 39:16 homes [2] - 30:5, 30:9 hope [5] - 12:24, 42:1, 42:24, 62:2, 67:11 hoped [1] - 28:21 horse [2] - 34:15, 36:9 hour [3] - 73:19, 73:23, 73:24 house [6] - 32:14, 32:17, 32:18, 68:2, 68:11, 74:22 housed [1] - 60:11 houses [2] - 20:20, 22:20 Hout [1] - 63:11 HOUT [1] - 75:23 huge [2] - 12:2, 31:5 hundred [2] - 56:11 Hyett [3] - 2:6, 6:4, 77:13 HYETT [3] - 5:17, 6:5, 77:14 I IBEW [1] - 10:14 idea [4] - 21:2, 31:5, 43:20, 75:16 identified [6] - 39:5, 46:7, 47:12, 49:11, 49:17, 53:22 identify [1] - 49:19 if's [1] - 34:15 ILLINOIS [2] - 1:7, 79:1 Illinois [10] - 1:18, 6:17, 7:9, 8:2, 19:9, 31:7, 45:12, 61:13, 79:4, 80:8 imagine [1] - 58:2 immediate [2] - 8:24, 19:6 immediately [4] - 7:12, 8:6, 53:9, 59:8 impact [2] - 14:8, 65:21 impinged [1] - 70:23 important [2] - 48:9, 60:9 improve [1] - 27:21 improvement [2] - 71:14, 72:6 improvements [5] - 17:11, 57:14, 71:5, 71:7, 76:8 IN [1] - 80:7 in-and-out [1] - 74:2 include [3] - 9:11, 16:21, 72:5 including [2] - 8:24, 39:6 incorporated [1] - 38:5 increase [3] - 12:3, 71:2, 72:4 increased [1] - 55:5 increasing [1] - 54:21 indicating [1] - 32:9 indicating) [1] - 11:22 indirectly [1] - 79:24 individuals [1] - 11:4 industrial [14] - 9:22, 12:6, 22:6, 23:17, 32:21, 38:22, 39:2, 39:7, 57:24, 58:1, 58:2, 61:15, 62:24, 74:3 industry [1] - 51:19 information [5] - 35:24, 37:8, 42:19, 47:18, 68:18 infrastructure [3] - 45:7, 48:22, 76:5 ingress [1] - 49:20 input [4] - 22:4, 22:11, 24:6, 35:5 inputs [1] - 61:2 inside [3] - 60:9, 62:24, 75:10 install [1] - 62:21 instance [1] - 60:3 intent [1] - 57:17 interconnecting [1] - 75:21 interest [6] - 24:19, 26:13, 27:18, 34:12, 58:17, 59:4 interested [1] - 79:23 interior [1] - 62:14 internal [3] - 50:13, 51:2, 63:1 international [1] - 51:20 International [1] - 10:14 intersection [2] - 72:8, 72:14 intro [1] - 18:23 introduction [1] - 45:2 invested [1] - 48:22 invite [1] - 4:7 involved [3] - 9:13, 39:19, 69:17 island [5] - 34:18, 34:19, 36:4, 39:11, 62:19 isolated [1] - 54:7 isolation [1] - 57:2 issue [1] - 36:13 issues [2] - 56:17, 66:12 issuing [1] - 71:11 items [1] - 63:9 itself [2] - 24:1, 68:17 J Jackson [1] - 44:14 job [1] - 57:2 jobs [2] - 10:23 June [2] - 1:21, 80:8 jurisdiction [4] - 10:16, 54:7, 71:8, 72:9 K keep [5] - 27:22, 30:6, 40:14, 40:21, 52:10 Kelaka [6] - 5:10, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 12, 2024 5 6:13, 6:15, 8:12, 9:16, 9:18 Kendall [9] - 6:17, 7:9, 8:1, 28:15, 38:19, 38:24, 54:8, 71:9, 72:10 kick [1] - 28:4 kicking [1] - 28:14 kids [3] - 30:21, 34:3, 41:9 kind [22] - 9:15, 21:2, 26:6, 40:4, 41:7, 43:2, 46:22, 47:12, 51:1, 56:23, 57:5, 57:18, 58:16, 60:5, 61:16, 61:21, 61:22, 64:21, 66:20, 70:22, 73:9, 74:6 kindergarten [1] - 28:22 KLOA [1] - 73:5 known [1] - 14:2 knows [1] - 11:2 Krysti [6] - 2:11, 21:15, 23:4, 44:17, 52:11, 55:24 Krysti's [2] - 48:18, 61:19 L lack [3] - 27:7, 35:23, 42:14 land [13] - 14:5, 18:23, 19:14, 22:7, 26:2, 27:10, 31:15, 37:21, 37:23, 38:22, 39:4, 43:16, 46:20 landscape [11] - 55:14, 56:2, 56:3, 56:4, 56:13, 56:15, 56:18, 57:8, 62:9, 62:12, 63:1 landscaping [3] - 23:22, 55:22, 62:11 lane [3] - 33:15, 50:10, 71:21 Lane [2] - 42:11, 43:9 large [5] - 19:11, 49:14, 58:8, 58:17, 59:16 largely [4] - 12:1, 13:6, 58:3, 76:9 largest [4] - 19:8, 45:9, 53:22, 74:12 LASALLE [1] - 79:2 laser [1] - 47:6 last [2] - 3:9, 27:1 late [1] - 36:10 layout [1] - 69:20 lead [1] - 26:7 leading [1] - 45:4 least [3] - 17:6, 23:18, 24:2 leave [1] - 39:10 leaving [1] - 68:7 left [1] - 29:18 Leland [1] - 80:8 length [1] - 56:12 letter [3] - 31:23, 42:16, 42:20 lettuce [1] - 10:19 level [8] - 22:4, 55:3, 61:16, 64:11, 64:14, 65:18, 65:20, 68:19 lieu [2] - 48:11, 56:20 life [1] - 49:4 light [2] - 47:7, 72:8 lighting [2] - 12:22, 28:8 lights [1] - 72:1 likely [1] - 56:18 limitations [1] - 70:5 limiting [1] - 49:24 Lincoln [1] - 46:7 line [6] - 6:21, 64:21, 65:2, 69:16, 69:23 link [1] - 37:16 Lisa [1] - 20:18 LISA [2] - 3:8, 20:15 listen [1] - 29:2 listening [1] - 27:6 literally [2] - 33:23, 34:1 live [10] - 11:20, 12:18, 13:23, 20:19, 27:5, 28:5, 29:15, 30:16, 42:10, 43:18 lives [1] - 12:15 LLC [8] - 5:10, 5:13, 6:13, 6:15, 7:23, 7:24, 8:12, 44:9 load [1] - 73:3 loads [1] - 74:7 lobby [1] - 58:10 Local [1] - 10:14 local [1] - 75:18 located [9] - 6:20, 7:12, 8:6, 38:4, 45:18, 45:22, 47:12, 53:9, 60:12 location [5] - 50:3, 52:17, 52:19, 55:23, 59:2 locations [2] - 53:11, 72:2 logos [1] - 59:2 Lombard [1] - 45:13 long-term [2] - 39:15, 48:16 look [12] - 21:3, 21:12, 27:15, 27:24, 36:15, 38:21, 53:4, 58:7, 61:2, 61:3, 70:22 looking [13] - 11:21, 28:12, 32:16, 32:22, 33:5, 35:11, 36:21, 45:15, 46:24, 48:20, 55:16, 57:4, 58:12 looks [1] - 44:18 lost [1] - 39:12 louver [1] - 58:20 low [2] - 73:4, 74:4 lower [1] - 51:21 lowest [1] - 72:16 lying [1] - 41:13 M M-2 [14] - 6:24, 7:17, 17:5, 22:2, 22:11, 24:4, 26:6, 26:18, 27:12, 27:14, 33:7, 47:22, 48:5 M-2s [1] - 29:4 ma'am [3] - 13:8, 20:14, 74:19 machine [1] - 79:12 machinery [1] - 13:5 MAHER [10] - 3:6, 11:13, 11:16, 11:19, 43:4, 43:8, 69:7, 69:10, 70:15, 70:19 Maher [3] - 11:20, 43:9, 69:11 mAHER [1] - 69:15 MAHER- BARTALONE [10] - 3:6, 11:13, 11:16, 11:19, 43:4, 43:8, 69:7, 69:10, 70:15, 70:19 mAHER- BARTALONE [1] - 69:15 Maher-Bartalone [3] - 11:20, 43:9, 69:11 mail [3] - 31:23, 42:16, 42:21 mailing [1] - 35:15 main [1] - 52:24 majority [1] - 62:18 maneuvering [1] - 50:15 manned [1] - 52:18 manner [1] - 53:17 manufacturer [1] - 61:5 Manufacturing [2] - 6:24, 7:17 manufacturing [8] - 9:10, 17:5, 26:6, 26:18, 46:11, 57:23, 72:17, 74:3 map [1] - 47:17 market [3] - 26:12, 57:4, 70:12 marketing [2] - 9:21, 19:10 Marlys [1] - 2:14 Mary [4] - 11:19, 29:17, 43:8, 69:10 MARY [2] - 3:6, 11:16 master [1] - 37:18 matching [1] - 58:12 material [1] - 55:10 MATT [2] - 3:4, 8:15 Matt [2] - 8:19, 18:22 matter [1] - 60:21 matters [1] - 79:9 mean [4] - 35:23, 41:9, 66:22, 75:20 means [1] - 79:12 meant [1] - 58:16 measures [1] - 61:10 mechanical [10] - 60:6, 60:11, 60:14, 60:18, 60:20, 61:3, 65:12, 69:23, 69:24, 70:2 medians [1] - 33:15 medium [2] - 23:8, 75:22 meet [6] - 22:5, 24:3, 36:12, 51:14, 54:18, 68:23 meeting [5] - 4:6, 32:5, 34:23, 78:1, 78:5 meetings [2] - 17:21, 40:14 meets [1] - 22:2 member [1] - 4:21 members [3] - 4:8, 10:23, 11:6 Menards [6] - 33:17, 45:23, 49:24, 66:14, 70:23, 72:14 Mendez [1] - 2:13 mentioned [2] - 46:10, 55:24 mentions [1] - 71:15 met [1] - 73:12 metal [5] - 58:14, 58:15, 58:19, 58:24, 60:15 mic [1] - 64:9 middle [2] - 30:20, 47:5 might [6] - 15:24, 41:17, 51:9, 51:10, 59:2, 63:15 Mike [1] - 34:11 MIKE [2] - 3:12, 34:8 millen [1] - 77:17 Millen [2] - 2:5, 6:8 MILLEN [3] - 6:9, 77:6, 77:18 million [2] - 73:1, 73:21 millions [1] - 48:21 mind [1] - 39:14 Minute [1] - 2:14 minute [1] - 76:23 minutes [1] - 74:19 Mix [1] - 10:19 mixed [1] - 40:5 modeling [1] - 61:6 money [2] - 31:14, 39:19 monitoring [1] - 72:22 month [2] - 67:6, 67:9 morning [3] - 29:20, 29:24, 66:15 mortgage [2] - 24:20, 32:12 most [2] - 12:14, 58:1 motion [5] - 5:8, 5:15, 5:19, 77:3, 77:8 move [9] - 14:23, 18:13, 24:18, 24:21, 28:24, 32:12, 32:13, 32:19, 44:7 moved [9] - 5:16, 28:21, 30:19, 30:20, 31:2, 31:3, 33:18, 77:5 moving [1] - 42:12 MR [84] - 5:17, 6:3, 6:5, 6:9, 8:13, 8:18, 10:12, 13:19, 13:22, 14:21, 15:4, 15:9, 15:16, 15:19, 15:24, 16:5, 16:12, 16:21, 17:3, 17:16, 18:3, 18:22, 25:19, 27:4, 29:14, 30:11, 30:15, 32:10, 33:11, 34:11, 35:2, 35:9, 35:17, 35:20, 36:22, 37:2, 37:11, 37:17, 37:24, 38:13, 39:9, 40:11, 40:13, 42:2, 44:13, 44:21, 46:21, 47:3, 47:9, 47:11, 56:8, 64:4, 64:10, 64:15, 65:4, 65:5, 65:22, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 12, 2024 6 65:24, 66:13, 67:3, 67:16, 67:20, 67:21, 68:4, 68:9, 68:10, 68:12, 69:14, 69:22, 70:17, 70:21, 71:13, 71:24, 72:4, 72:11, 72:12, 75:4, 75:20, 75:23, 75:24, 77:6, 77:12, 77:14, 77:18 MS [95] - 5:16, 5:20, 5:22, 5:23, 5:24, 6:2, 6:4, 6:6, 6:7, 6:8, 6:10, 11:13, 11:19, 15:1, 15:6, 15:13, 15:18, 15:21, 16:2, 16:8, 16:18, 16:23, 17:10, 17:23, 20:18, 21:8, 21:12, 21:18, 21:21, 21:22, 21:24, 22:1, 22:16, 22:23, 23:9, 23:13, 23:16, 23:17, 23:20, 23:21, 24:13, 24:15, 24:18, 25:1, 25:4, 25:6, 25:10, 25:12, 25:14, 25:15, 25:16, 25:18, 33:10, 34:24, 35:4, 35:11, 35:18, 36:20, 36:23, 37:4, 37:13, 37:19, 38:3, 38:17, 42:4, 42:9, 43:4, 43:8, 44:19, 46:19, 47:1, 47:6, 47:10, 56:7, 64:7, 68:13, 69:7, 69:10, 69:15, 70:15, 70:19, 71:4, 71:17, 72:3, 72:7, 77:5, 77:9, 77:11, 77:13, 77:15, 77:16, 77:17, 77:19, 77:21, 77:23 mufflers [2] - 66:18 multiple [1] - 51:10 municipality [1] - 35:14 N name [15] - 3:9, 4:17, 8:19, 10:12, 11:19, 13:22, 18:22, 20:18, 27:1, 27:4, 29:14, 30:15, 34:11, 42:9, 45:3 Naperville [1] - 44:15 nationwide [1] - 9:22 native [1] - 56:9 natural [1] - 54:20 naturally [1] - 54:18 nature [1] - 12:23 near [1] - 14:7 nearly [1] - 45:21 necessarily [4] - 23:9, 49:2, 53:8, 55:20 necessary [2] - 52:8, 61:10 need [6] - 48:22, 52:4, 64:7, 64:8, 65:19, 72:24 needing [1] - 20:4 needs [1] - 42:23 negotiate [1] - 36:7 negotiations [1] - 39:20 neighbor [1] - 20:19 neighborhood [2] - 29:18, 66:16 neighbors [1] - 54:22 network [2] - 19:9, 50:13 never [1] - 67:12 newer [1] - 66:5 news [1] - 44:22 News [1] - 21:13 newspaper [2] - 16:4, 16:8 next [4] - 23:17, 34:2, 65:7, 65:8 Nexus [1] - 7:23 nice [5] - 55:2, 56:13, 57:2, 58:21, 67:24 Nicholas [1] - 30:15 NICHOLAS [2] - 3:11, 30:12 night [2] - 13:3, 29:21 nine [1] - 49:10 NOBLE [48] - 5:23, 15:1, 15:6, 15:13, 15:18, 15:21, 16:2, 16:8, 16:18, 16:23, 17:10, 17:23, 21:18, 21:22, 22:1, 23:13, 23:17, 23:21, 24:15, 25:1, 25:6, 25:12, 25:15, 25:18, 33:10, 34:24, 35:4, 35:11, 35:18, 36:20, 36:23, 37:4, 37:13, 37:19, 38:3, 38:17, 44:19, 46:19, 47:1, 47:6, 47:10, 56:7, 64:7, 68:13, 71:4, 71:17, 72:3, 72:7 Noble [1] - 2:11 nobody [1] - 20:6 noise [8] - 12:21, 30:3, 61:12, 61:14, 66:20, 68:19, 68:22, 68:24 none [1] - 13:20 nonetheless [1] - 58:3 north [10] - 7:13, 8:6, 39:3, 43:14, 46:5, 50:7, 50:11, 55:11, 70:7, 76:10 northern [2] - 43:17, 46:4 Northern [2] - 6:20, 8:7 note [16] - 19:4, 19:15, 46:5, 48:9, 50:2, 50:16, 51:23, 52:9, 52:14, 53:20, 57:22, 58:11, 58:23, 59:6, 72:15, 76:7 nothing [3] - 27:20, 41:11, 75:10 notice [1] - 75:18 notification [2] - 15:22, 16:10 notified [2] - 15:20, 17:22 nowhere [1] - 30:21 number [5] - 5:9, 5:11, 49:24, 59:22, 72:21 numbers [1] - 75:5 nursery [2] - 31:5, 31:6 O o'clock [5] - 13:3, 29:19, 29:21, 66:14, 66:22 objected [1] - 73:12 obligation [1] - 16:9 obviously [2] - 54:11, 73:17 OF [3] - 1:6, 79:1, 79:2 office [2] - 35:13, 74:5 officially [1] - 38:15 old [2] - 32:13, 34:14 once [8] - 21:9, 24:5, 28:6, 33:7, 35:6, 67:6, 67:9, 70:21 one [27] - 4:16, 5:9, 8:9, 9:15, 11:20, 11:21, 16:5, 18:12, 19:4, 19:7, 19:12, 28:1, 28:17, 32:3, 32:12, 39:10, 42:4, 43:5, 43:12, 44:1, 51:9, 55:4, 55:19, 57:1, 59:9, 62:16, 72:16 ones [2] - 71:11, 75:3 online [5] - 32:7, 36:15, 36:21, 36:24, 37:16 open [4] - 5:8, 26:14, 26:19, 57:14 operates [2] - 45:10, 61:23 operating [1] - 72:21 operation [5] - 60:9, 60:19, 62:24, 63:4, 67:15 operational [1] - 72:24 operations [2] - 45:8, 61:8 operator [1] - 45:5 opportunity [2] - 24:8, 50:22 opposite [1] - 45:23 opposition [9] - 5:6, 13:14, 18:7, 18:11, 20:12, 26:23, 29:9, 39:24, 63:23 oppositions [1] - 18:13 option [1] - 33:3 order [5] - 5:1, 58:21, 60:9, 61:10, 65:19 ordinance [3] - 61:12, 68:19, 68:24 Ordinance [1] - 46:14 ordinances [2] - 54:9, 61:12 oriented [1] - 49:14 original [2] - 59:7, 80:2 originally [3] - 30:18, 39:3, 73:10 OSHA [1] - 29:23 Oswego [1] - 27:24 otherwise [1] - 55:13 ourselves [1] - 57:4 outcome [3] - 35:3, 35:4, 79:24 outlined [1] - 48:18 outpost [1] - 50:2 outright [1] - 22:10 outs [2] - 58:12, 58:13 overall [2] - 70:22, 73:3 overstory [1] - 56:5 own [4] - 8:23, 9:20, 37:22, 51:6 owned [1] - 18:23 owners [7] - 6:15, 7:8, 7:24, 14:1, 15:19, 16:10, 17:21 ownership [1] - 14:3 owns [1] - 45:10 P p.m [2] - 1:22, 78:6 packet [4] - 16:3, 25:9, 71:6, 71:20 PAGE [1] - 3:3 Pages [1] - 79:11 paid [1] - 28:14 panel [4] - 58:15, 58:24, 60:15 panels [2] - 58:19, 65:10 paper [3] - 15:22, 15:23, 15:24 parcel [5] - 16:14, 43:15, 45:18, 45:20, 70:8 parcels [3] - 7:19, 39:6, 39:7 park [1] - 51:11 parking [13] - 50:24, 51:3, 51:6, 51:8, 51:12, 51:14, 51:22, 52:2, 52:3, 52:5, 52:7, 62:19, 64:23 part [11] - 12:10, 23:13, 24:16, 38:6, 43:13, 43:17, 46:7, 50:23, 57:16, 70:8, 76:8 particular [5] - 15:10, 17:20, 20:9, 20:13, 63:19 parties [2] - 27:6, 79:23 party [1] - 69:3 past [1] - 9:14 patch [1] - 63:14 pay [1] - 27:23 paying [1] - 10:22 peak [3] - 73:19, 73:22, 73:24 penthouse [4] - 60:11, 60:14, 69:23, 70:2 people [4] - 16:7, 28:4, 42:13, 43:11 per [2] - 51:16, 56:10 percent [5] - 24:19, 24:21, 27:18, 32:12, 74:5 performance [1] - 59:10 perimeter [10] - 23:23, 53:4, 53:15, 53:18, 54:13, 54:20, 55:6, 56:1, 59:8, 62:12 period [2] - 48:1, 76:16 permit [9] - 18:1, 48:6, 52:19, 60:23, 64:16, 65:8, 65:9, 69:2, 71:11 permitted [4] - 22:10, 46:16, 48:4, 50:3 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 12, 2024 7 person [1] - 2:1 personal [1] - 79:15 personally [1] - 23:6 persons [2] - 4:11, 4:15 petition [7] - 5:9, 14:24, 15:1, 15:6, 15:11, 61:20, 77:2 petitioner [25] - 4:20, 5:3, 6:14, 6:22, 7:6, 7:15, 7:23, 8:11, 9:2, 14:19, 14:22, 16:18, 18:14, 18:19, 21:19, 24:15, 25:12, 40:4, 40:6, 44:8, 64:2, 69:3, 74:17, 76:20 petitioners [1] - 4:13 phased [1] - 48:16 phonetic) [1] - 34:12 piece [5] - 9:16, 15:10, 19:14, 19:15, 70:7 pipes [1] - 66:19 place [5] - 12:14, 17:12, 43:23, 59:12, 79:19 Plan [9] - 26:5, 36:21, 36:23, 37:20, 38:19, 38:21, 39:2, 43:13 plan [50] - 4:19, 5:14, 8:4, 9:1, 9:7, 11:4, 17:8, 17:11, 17:13, 21:16, 22:13, 22:14, 23:3, 24:3, 24:5, 24:6, 24:11, 25:23, 27:7, 27:8, 27:11, 28:7, 29:4, 32:6, 33:1, 33:6, 34:16, 37:9, 37:18, 40:17, 43:22, 46:20, 49:1, 49:11, 49:17, 50:11, 51:13, 55:1, 55:2, 55:14, 62:9, 64:19, 64:21, 68:16, 68:17, 70:10, 73:10, 73:14, 73:15 planned [6] - 8:3, 17:1, 39:3, 48:13, 48:14, 50:3 Planner [1] - 2:13 Planning [3] - 4:5, 24:8, 25:2 planning [3] - 29:3, 38:10, 38:12 PLANNING [1] - 1:10 Plano [9] - 14:11, 35:10, 35:15, 36:1, 36:19, 38:2, 38:7, 38:10 plans [11] - 9:10, 9:18, 16:15, 17:7, 17:15, 25:21, 37:21, 37:22, 44:22, 49:8, 71:10 plants [1] - 55:17 plays [1] - 12:10 plenty [1] - 27:13 plus [2] - 56:6, 56:10 podium [12] - 4:18, 8:17, 10:11, 11:18, 13:18, 20:17, 27:3, 29:13, 30:14, 34:10, 42:8, 44:12 point [13] - 17:16, 26:11, 47:15, 49:20, 52:10, 52:15, 52:22, 53:6, 53:24, 55:19, 59:19, 73:11, 73:16 Pointe [1] - 1:17 pointer [1] - 47:6 pointing [1] - 62:7 points [2] - 19:20, 73:11 Pollution [1] - 61:13 ponds [2] - 54:13, 55:6 portion [3] - 50:9, 78:1, 78:4 possibility [3] - 31:3, 31:16, 48:10 possible [1] - 72:16 possibly [2] - 58:2, 72:9 post [1] - 35:12 postal [1] - 35:12 potentially [3] - 26:2, 28:12, 71:7 poured [1] - 11:3 power [10] - 59:11, 59:12, 59:13, 67:14, 67:17, 74:21, 75:5, 75:7, 75:17 practical [1] - 54:15 practice [1] - 60:21 practices [1] - 68:22 Prairie [2] - 1:17, 46:7 PRATHER [19] - 3:8, 20:15, 20:18, 21:8, 21:12, 21:21, 21:24, 22:16, 22:23, 23:9, 23:16, 23:20, 24:13, 24:18, 25:4, 25:10, 25:14, 25:16, 74:20 Prather [1] - 20:18 precast [3] - 58:3, 58:5, 58:8 preliminary [7] - 5:14, 8:3, 43:21, 64:19, 64:20, 68:16, 68:17 prescribes [1] - 22:6 present [11] - 4:11, 5:3, 8:12, 10:7, 13:13, 18:6, 18:20, 20:12, 44:2, 44:9, 49:5 PRESENT [2] - 2:1, 2:10 presentation [1] - 44:17 presented [5] - 15:11, 15:13, 24:7, 25:8, 49:7 presenting [1] - 25:8 presently [1] - 17:6 preserving [1] - 54:3 pretty [1] - 67:8 previous [2] - 19:5, 79:6 primary [1] - 58:10 printout [1] - 55:16 pro [1] - 17:19 problem [2] - 27:8, 52:23 problems [1] - 66:6 proceedings [3] - 4:2, 78:3, 79:17 process [5] - 19:22, 22:12, 64:17, 64:18, 69:2 product [2] - 52:3, 52:4 profit [1] - 27:10 progress [1] - 10:17 progressive [2] - 32:6 project [10] - 21:2, 21:10, 37:8, 48:15, 48:24, 49:2, 49:6, 54:1, 71:4 projects [2] - 10:20, 37:9 promise [1] - 67:8 properties [6] - 9:3, 9:5, 12:8, 26:15, 38:21, 69:18 property [62] - 6:19, 7:2, 7:11, 8:5, 12:18, 14:1, 14:9, 14:11, 14:17, 14:23, 15:10, 16:10, 17:12, 17:17, 17:21, 19:23, 21:20, 22:17, 24:14, 25:15, 25:19, 26:11, 26:20, 32:14, 34:18, 35:10, 35:19, 36:3, 36:6, 37:18, 37:22, 38:1, 38:2, 38:4, 38:8, 39:11, 39:21, 40:6, 43:14, 45:15, 45:22, 46:1, 46:8, 46:10, 46:14, 46:17, 47:4, 47:21, 47:23, 47:24, 48:5, 48:17, 49:3, 53:21, 54:2, 55:7, 62:22, 68:23, 70:7, 70:18, 74:8, 75:19 proposal [4] - 21:10, 21:16, 36:17, 46:9 propose [1] - 14:16 proposed [8] - 4:8, 37:10, 39:20, 40:17, 46:14, 51:13, 53:3, 55:22 proposing [2] - 22:3, 53:12 prototype [1] - 57:21 proverbial [1] - 34:14 provide [3] - 37:16, 54:19, 65:15 provided [3] - 50:18, 68:20, 71:19 provides [1] - 54:20 providing [4] - 50:14, 55:3, 55:5, 55:11 prudent [1] - 36:11 PUBLIC [1] - 1:11 public [32] - 4:2, 4:5, 4:8, 4:20, 4:21, 5:2, 5:4, 5:9, 6:12, 15:2, 15:7, 15:14, 15:17, 15:22, 22:4, 22:11, 24:6, 32:7, 34:24, 35:5, 38:23, 50:17, 57:13, 62:15, 64:9, 77:2, 77:4, 78:1, 78:4, 79:10, 79:18 publicly [1] - 47:18 published [1] - 16:9 PUD [3] - 5:14, 8:4, 9:1 pull [1] - 74:21 pulled [1] - 75:17 purchase [2] - 26:11, 69:17 purchaser [5] - 6:15, 7:7, 36:5, 39:20, 45:17 purchasing [3] - 26:15, 26:20, 36:6 purple [2] - 47:21 purpose [1] - 4:6 purposes [1] - 35:15 purview [1] - 25:1 push [2] - 28:2, 54:17 push-back [1] - 28:2 put [4] - 12:17, 30:9, 41:5, 43:20 putting [1] - 23:2 PZC [14] - 5:9, 5:11, 5:13, 6:13, 7:4, 7:5, 7:20, 7:22, 8:9, 8:11, 20:3, 21:17, 40:9, 44:8 Q questions [21] - 4:13, 9:24, 10:3, 18:10, 18:12, 18:14, 18:16, 33:22, 40:4, 40:5, 41:20, 41:24, 42:21, 62:3, 63:9, 63:15, 64:2, 69:6, 74:17, 76:19 quick [3] - 57:20, 69:7, 69:11 quite [1] - 43:15 R R-1 [2] - 6:23, 7:16 railroad [3] - 6:21, 8:7, 43:17 raise [1] - 4:21 ran [1] - 73:9 ranking [2] - 28:22, 28:23 rate [4] - 12:11, 24:19, 27:18, 32:12 rates [1] - 26:13 rather [3] - 28:4, 36:6, 61:23 ratio [1] - 51:22 read [2] - 38:13, 55:15 reading [1] - 43:1 ready [3] - 8:12, 18:20, 44:9 Ready [1] - 10:19 Reagan [1] - 2:4 real [4] - 6:19, 7:11, 8:5, 57:17 Real [1] - 13:24 realistic [1] - 24:22 realize [1] - 20:21 really [7] - 12:9, 12:13, 12:23, 12:24, 20:22, 38:15, 52:14 realm [1] - 57:13 reason [3] - 29:5, 60:2, 60:17 reasons [1] - 13:7 rebuttal [1] - 27:7 recapture [1] - 76:16 received [1] - 42:20 receiving [1] - 5:1 recognize [1] - 60:18 recommend [1] - 71:20 recommendation [1] - 35:7 recommendations [1] - 71:6 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 12, 2024 8 record [2] - 64:9, 79:16 recreate [1] - 66:11 red [1] - 49:17 reduce [3] - 52:2, 63:1, 65:20 reduced [1] - 79:13 reference [1] - 22:14 regarding [5] - 4:8, 4:13, 12:21, 17:12, 77:2 regards [1] - 37:6 regular [3] - 52:17, 52:20, 67:15 regulations [1] - 19:19 Reisenbeck [1] - 34:12 REISENBECK [14] - 3:12, 34:8, 34:11, 35:2, 35:9, 35:17, 35:20, 36:22, 37:2, 37:11, 37:17, 37:24, 38:13, 39:9 rejection [1] - 50:10 related [1] - 61:14 relates [1] - 70:22 relative [2] - 79:20, 79:21 relay [1] - 60:17 relief [3] - 61:24, 62:5, 62:10 remain [1] - 17:14 repeat [2] - 4:22, 20:5 repeated [1] - 57:11 replace [1] - 26:13 report [4] - 48:19, 61:19, 65:15, 68:20 reported [1] - 79:11 Reporter [1] - 79:4 represent [2] - 4:17, 14:1 representative [3] - 10:13, 13:24, 47:22 reproduced [1] - 80:5 request [14] - 4:14, 5:3, 5:5, 5:6, 10:8, 11:9, 13:14, 17:23, 18:7, 20:9, 20:13, 46:12, 52:2, 63:20 requesting [9] - 5:10, 5:12, 5:13, 6:17, 6:22, 7:10, 7:15, 8:2, 61:24 requests [5] - 4:9, 4:12, 16:11, 62:4, 63:8 require [1] - 22:8 required [2] - 55:12, 71:5 requirement [3] - 51:16, 54:12, 70:4 requirements [3] - 51:15, 61:14, 63:2 requires [2] - 17:24, 24:6 requiring [1] - 52:6 residential [7] - 12:7, 12:19, 23:18, 27:12, 27:16, 29:16, 61:15 Residential [2] - 6:23, 7:17 residents [5] - 27:22, 28:13, 29:6, 55:8 resolve [1] - 36:13 respect [2] - 54:9, 62:10 respond [1] - 25:13 response [14] - 5:21, 10:4, 11:10, 13:11, 18:8, 18:17, 20:10, 40:1, 40:7, 44:5, 63:21, 63:24, 76:21, 77:20 responsibility [1] - 80:5 responsible [1] - 76:4 result [2] - 61:7, 74:13 revenue [2] - 20:23, 74:9 reverse [1] - 61:9 review [1] - 22:4 reviewed [1] - 71:10 revise [1] - 38:20 revised [2] - 39:1, 73:14 rezone [4] - 21:20, 22:3, 33:8, 35:8 rezoned [2] - 9:6, 11:21 rezoning [12] - 5:10, 5:12, 6:17, 6:22, 7:10, 7:16, 9:3, 16:11, 19:22, 30:5, 46:12, 54:24 RF [1] - 75:14 Rich [1] - 2:3 right-of-way [2] - 46:3, 55:21 road [11] - 11:3, 16:14, 17:12, 26:3, 33:15, 50:13, 51:2, 53:9, 53:10, 71:5, 71:6 Road [18] - 6:21, 7:13, 7:14, 8:6, 8:8, 10:18, 14:2, 19:18, 34:13, 36:18, 45:24, 46:2, 53:23, 57:8, 57:10, 57:11 roads [2] - 50:22, 74:15 Roads [1] - 57:5 roadways [1] - 47:13 Rob [1] - 14:3 ROGER [2] - 3:7, 13:16 Roger [1] - 13:22 roll [2] - 5:19, 77:7 roof [3] - 60:12, 61:4, 69:23 rooftop [1] - 60:6 room [2] - 52:1, 54:5 Rosanova [1] - 44:14 rough [1] - 59:22 row [1] - 55:22 Roy [1] - 14:3 rules [4] - 12:16, 12:20, 12:21, 19:19 run [2] - 19:17, 70:14 running [5] - 67:5, 67:11, 67:12, 67:13, 67:18 Russ [1] - 44:13 RUSS [2] - 3:14, 44:10 Rusty [1] - 2:6 Ryan [1] - 2:7 S sanitary [1] - 76:11 Santa [2] - 6:20, 8:7 Sara [1] - 2:13 saw [1] - 22:20 scale [2] - 51:1, 55:15 schedule [2] - 55:17, 56:10 scheduled [4] - 4:5, 54:12, 68:5, 73:18 scheduling [1] - 55:6 scheme [1] - 74:2 school [2] - 28:19, 28:22 schools [1] - 30:19 scientific [1] - 61:6 screen [9] - 47:5, 58:13, 59:21, 59:23, 59:24, 60:1, 60:2, 65:19, 70:1 screened [1] - 60:14 screening [2] - 60:15, 68:22 scroll [1] - 46:19 search [1] - 42:18 searching [1] - 42:19 seated [1] - 10:6 second [4] - 5:17, 14:10, 30:16, 77:6 secondary [3] - 52:9, 52:15, 52:24 section [1] - 71:19 sections [3] - 58:8, 58:15 secured [6] - 50:8, 50:21, 53:3, 53:15, 57:3, 62:16 security [3] - 50:2, 52:18, 53:18 see [19] - 22:21, 23:5, 23:6, 28:7, 28:23, 32:2, 47:7, 50:24, 51:3, 53:5, 53:7, 53:22, 54:12, 55:17, 56:12, 57:13, 58:14, 58:19, 73:14 seeds [1] - 31:8 seeing [2] - 47:20, 59:20 seeking [1] - 22:9 seem [1] - 62:8 segments [1] - 58:24 sell [1] - 32:18 semis [1] - 17:9 sense [3] - 31:24, 52:5, 54:16 separation [1] - 55:12 seriously [1] - 41:19 serves [1] - 60:15 service [4] - 16:13, 16:14, 49:16, 53:1 set [7] - 19:6, 19:8, 29:4, 46:1, 55:21, 64:16, 80:7 setback [3] - 53:10, 54:21, 55:5 setbacks [2] - 54:5, 57:10 seven [1] - 27:19 sewer [7] - 16:21, 16:23, 17:1, 64:21, 65:2, 76:11 shared [1] - 51:7 SHAUN [2] - 3:5, 10:9 Shaun [1] - 10:13 Shore [2] - 42:10, 43:9 shorthand [1] - 79:13 Shorthand [1] - 79:4 shot [1] - 41:6 show [1] - 37:16 showed [1] - 14:4 showing [5] - 47:16, 56:3, 56:15, 60:13, 62:19 shown [1] - 50:10 shrubs [3] - 23:22, 56:8, 56:10 side [8] - 13:23, 19:1, 33:24, 38:4, 38:9, 38:11, 45:23, 58:24 sign [1] - 4:18 signed [1] - 80:3 signs [1] - 59:2 similar [6] - 32:14, 33:22, 53:17, 66:8, 69:19 simply [2] - 50:22, 52:7 simultaneously [1] - 79:13 Single [2] - 6:23, 7:16 single [2] - 49:20, 74:12 site [28] - 9:17, 9:18, 9:21, 16:24, 18:24, 19:16, 19:20, 22:13, 22:14, 23:7, 24:3, 25:23, 49:1, 50:4, 50:7, 50:21, 51:23, 52:16, 52:17, 62:13, 62:14, 62:18, 70:14, 71:21, 74:12, 76:2, 76:5 sites [2] - 8:24, 11:21 sitting [1] - 31:9 situation [2] - 44:24, 69:20 size [3] - 32:14, 32:15, 74:6 slab [2] - 60:1, 60:2 slated [2] - 51:3, 70:9 slide [1] - 62:8 slightly [1] - 51:21 smack [1] - 47:4 small [1] - 12:7 smaller [1] - 71:1 solid [1] - 55:22 solutions [1] - 45:7 sometimes [1] - 46:23 somewhere [1] - 28:16 Sorry [2] - 10:3, 20:14 sorry [4] - 11:15, 15:4, 26:18, 40:9 sort [10] - 47:4, 51:1, 51:6, 51:19, 53:5, 54:13, 54:16, 58:9, 67:14, 69:19 sound [11] - 60:21, 61:7, 61:9, 66:4, 66:8, 66:12, 67:10, 68:5, 68:6, 68:7, 68:15 sounds [1] - 34:14 south [9] - 6:20, 13:23, 43:16, 52:12, 70:16, 72:1, 76:11, 76:12 southeast [1] - 6:21 southern [1] - 46:1 southwest [1] - 28:17 space [4] - 50:14, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 12, 2024 9 51:16, 54:1, 57:14 spaces [1] - 64:23 spacing [1] - 28:6 span [1] - 49:5 speaking [3] - 26:22, 59:22, 67:3 specced [2] - 60:1, 60:2 special [1] - 8:2 specialize [1] - 45:6 specializes [1] - 51:19 specific [4] - 62:4, 63:9, 71:15, 71:17 specifically [2] - 19:16, 51:19 specifications [2] - 61:5, 65:10 specified [1] - 79:19 specify [1] - 71:13 speculate [1] - 70:17 spend [1] - 31:9 spine [2] - 51:2 spread [1] - 52:1 square [3] - 51:17, 73:2, 73:21 SS [1] - 79:1 staff [1] - 22:4 Staff [6] - 9:24, 25:7, 48:18, 56:17, 63:7, 71:6 stage [2] - 50:4, 53:17 stand [1] - 4:21 standards [7] - 22:2, 22:5, 23:14, 24:4, 48:15, 48:23, 68:24 start [7] - 12:20, 29:20, 31:5, 32:15, 39:20, 57:6, 67:2 started [1] - 41:10 STATE [1] - 79:1 state [3] - 4:16, 39:14, 45:7 State [1] - 79:4 state-of-the-art [1] - 45:7 statement [1] - 40:11 states [1] - 14:13 States [1] - 45:11 station [1] - 53:14 stay [2] - 27:23, 30:6 stenographically [1] - 79:12 step [4] - 10:8, 19:22, 65:7, 65:8 steps [1] - 9:16 still [7] - 13:3, 18:21, 29:19, 29:22, 56:16, 56:21, 70:3 stood [1] - 33:21 stop [2] - 9:23, 24:24 stoplight [1] - 72:14 storage [1] - 9:12 stormwater [5] - 54:11, 54:13, 54:19, 55:6, 55:9 story [5] - 49:10, 58:5, 60:12, 61:22, 69:12 straight [1] - 66:19 strand [1] - 31:12 strategically [1] - 49:23 street [3] - 13:2, 28:10, 33:24 study [3] - 65:17, 66:8, 73:7 stuff [10] - 11:24, 26:13, 30:4, 30:7, 61:18, 65:23, 66:9, 67:22, 68:3 subject [6] - 8:24, 19:18, 45:15, 45:16, 46:9, 76:15 submit [3] - 48:6, 60:23, 64:20 submitted [5] - 15:2, 15:7, 17:15, 48:12, 73:6 submitting [1] - 64:18 substation [12] - 46:3, 46:6, 46:16, 48:3, 49:14, 49:17, 75:17, 75:19, 76:1, 76:2, 76:5 substations [2] - 19:7, 19:8 Suburban [2] - 6:23, 7:16 suggest [2] - 36:7, 39:20 suggested [1] - 63:5 suggestion [1] - 39:17 summing [1] - 43:10 supplied [2] - 3:9, 27:1 supply [3] - 51:6, 51:12, 70:12 supported [1] - 63:8 supposed [1] - 30:4 surface [1] - 52:6 surrounded [3] - 20:20, 22:21, 30:17 surrounding [5] - 47:13, 54:22, 65:21, 69:18, 74:15 sworn [13] - 4:23, 8:16, 10:10, 11:17, 13:17, 20:16, 27:2, 29:12, 30:13, 34:9, 42:7, 44:11, 79:8 system [4] - 47:19, 50:5, 53:18, 60:15 systems [3] - 58:20, 59:12, 61:4 T Taker [1] - 2:14 tap [1] - 33:3 tax [6] - 10:21, 12:11, 20:23, 74:8, 74:9 taxes [2] - 27:23, 28:14 taxpayer [2] - 10:21, 74:12 teach [1] - 30:21 technologically [1] - 37:12 ten [4] - 28:23, 48:24, 56:10, 74:5 tens [1] - 48:21 tenths [1] - 51:16 term [2] - 39:15, 48:16 terms [6] - 16:13, 19:2, 42:12, 64:16, 74:8, 75:9 test [3] - 67:6, 67:7, 67:9 testified [11] - 8:16, 10:10, 11:17, 13:17, 20:16, 27:2, 29:12, 30:13, 34:9, 42:7, 44:11 testify [2] - 4:15, 79:8 testimony [7] - 4:7, 4:11, 5:1, 77:2, 77:4, 79:7, 79:16 testing [2] - 67:5, 67:12 thereby [1] - 49:24 thereof [1] - 80:3 they've [1] - 66:18 thick [2] - 11:3, 16:6 thing's [1] - 35:24 thinking [1] - 43:11 thinks [1] - 76:23 third [2] - 9:1, 69:2 THOMAS [3] - 3:5, 10:9, 10:12 Thomas [1] - 10:13 thorough [1] - 61:19 thoughts [1] - 39:10 thousand [1] - 51:17 three [9] - 4:4, 5:13, 7:19, 31:17, 33:12, 51:16, 66:1, 73:10 three-tenths [1] - 51:16 timeline [1] - 14:20 today [4] - 49:7, 64:18, 73:8, 73:14 together [4] - 56:24, 62:2, 63:15, 65:11 tomorrow [1] - 29:24 tonight [10] - 4:10, 4:19, 5:1, 6:12, 20:5, 22:22, 25:3, 41:15, 44:23, 46:9 tonight's [3] - 4:5, 4:20, 78:1 top [3] - 13:1, 70:1 total [5] - 34:18, 39:12, 49:24, 73:2, 74:1 towards [2] - 16:16, 70:24 towers [2] - 75:13 town [2] - 31:19 Township [1] - 11:23 township [1] - 12:4 tracks [2] - 43:17, 46:1 traffic [17] - 17:9, 33:14, 33:20, 50:1, 50:12, 71:3, 71:22, 71:24, 72:5, 72:8, 72:16, 73:3, 73:6, 73:7, 73:16, 73:19, 74:14 train [1] - 45:24 transcript [2] - 79:11, 80:3 transcription [1] - 79:14 travel [1] - 61:7 treatment [4] - 56:3, 56:4, 56:16, 56:19 treatments [1] - 56:2 tree [1] - 62:21 trees [8] - 23:11, 23:19, 23:21, 23:22, 56:5, 56:6, 56:10, 62:19 trenching [1] - 30:1 tried [1] - 49:19 trip [1] - 74:6 trips [3] - 73:23, 74:1, 74:2 truck [2] - 50:12, 71:22 trucks [2] - 33:17, 66:15 true [2] - 23:10, 79:16 Trust [5] - 5:12, 7:6, 7:7, 18:20, 20:4 truth [1] - 79:8 try [3] - 32:18, 41:22, 53:6 trying [7] - 31:22, 36:13, 44:20, 51:24, 57:5, 62:11, 66:11 tunnel [1] - 68:2 turn [1] - 30:11 Turn [1] - 8:18 turning [1] - 16:16 twins [1] - 32:13 two [28] - 5:11, 9:2, 9:14, 19:1, 20:20, 22:20, 24:19, 24:21, 24:23, 27:18, 28:1, 32:13, 33:12, 33:15, 40:5, 48:23, 49:10, 50:4, 53:17, 58:5, 60:12, 60:17, 69:12, 72:2, 73:1, 73:10, 73:21 two-lane [1] - 33:15 two-stage [2] - 50:4, 53:17 two-story [4] - 49:10, 58:5, 60:12, 69:12 Type [6] - 56:3, 56:4, 56:15, 56:20, 57:8 type [4] - 26:8, 42:23, 51:20, 57:14 types [2] - 56:1, 58:19 typewriting [1] - 79:14 U ultimate [1] - 48:19 ultimately [4] - 12:10, 12:11, 50:20, 56:18 unanswered [1] - 42:21 uncertainty [1] - 55:1 under [13] - 17:17, 18:2, 40:18, 41:4, 46:13, 46:18, 54:7, 55:13, 56:2, 70:4, 79:15, 80:4, 80:6 understood [2] - 33:18, 67:20 understory [2] - 23:21, 56:5 Unified [1] - 46:13 unique [2] - 59:9, 62:22 unit [3] - 8:3, 48:13, 48:14 United [6] - 6:16, 7:8, 8:1, 38:7, 45:11, 74:13 UNITED [1] - 1:6 unless [2] - 9:23, 10:2 unsure [1] - 21:14 up [26] - 6:12, 12:5, 13:15, 19:21, 20:13, 24:12, 26:24, 28:22, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 12, 2024 10 29:18, 31:4, 41:21, 41:24, 43:10, 44:18, 45:1, 56:19, 57:6, 57:20, 58:12, 62:7, 64:3, 66:23, 67:2, 67:22, 72:24, 73:17 upfront [2] - 9:9, 32:3 upgrades [1] - 76:14 uphill [1] - 54:17 USDA [3] - 31:6, 31:7, 31:21 user [2] - 22:13, 25:22 users [2] - 19:12, 50:19 uses [7] - 22:6, 37:21, 38:22, 46:16, 48:4, 61:15, 74:3 utilities [4] - 9:7, 16:13, 16:20, 33:2 utility [2] - 76:7, 76:14 V vague [1] - 71:14 valid [1] - 25:20 valuation [1] - 12:3 value [6] - 12:6, 12:10, 22:17, 24:14, 25:19, 74:8 values [2] - 25:15, 26:12 variety [1] - 58:19 various [3] - 26:15, 50:19, 53:11 vast [1] - 62:18 vehicles [1] - 53:1 vehicular [1] - 50:12 venture [1] - 74:11 versus [1] - 75:18 via [6] - 2:1, 17:7, 17:8, 50:8, 52:17, 79:14 Vinyard [5] - 2:3, 5:20, 5:22, 77:19, 77:21 vision [1] - 49:6 visitor [1] - 72:20 visitors [1] - 50:3 VITOSH [2] - 79:3, 80:13 voltage [5] - 75:21, 75:22, 75:23, 75:24 vote [3] - 5:19, 25:7, 77:8 voting [1] - 24:11 W wait [2] - 36:6, 43:22 wall [8] - 59:21, 59:23, 59:24, 60:1, 60:3, 68:5, 68:6 wants [2] - 39:15, 54:16 Warner [1] - 13:24 water [4] - 16:15, 54:17, 54:18, 76:10 website [3] - 37:1, 37:7, 47:19 Wednesday [1] - 1:21 weekday [3] - 73:22, 73:24 welcome [1] - 25:17 west [3] - 7:13, 8:8, 38:9 West [1] - 7:13 wetlands [7] - 53:20, 53:21, 53:23, 54:4, 54:6, 54:7, 54:10 wheelers [1] - 30:22 WHEREOF [1] - 80:7 WHEREUPON [1] - 4:1 Whitaker [2] - 44:14 WHITAKER [23] - 3:14, 44:10, 44:13, 44:21, 46:21, 47:3, 47:9, 47:11, 56:8, 64:15, 65:5, 65:24, 67:3, 67:20, 68:4, 68:10, 69:14, 69:22, 70:17, 72:12, 75:4, 75:20, 75:24 whole [2] - 26:17, 79:8 widening [1] - 71:15 Williams [3] - 2:2, 5:24, 77:9 WILLIAMS [58] - 4:4, 4:24, 5:18, 6:1, 6:11, 8:14, 10:1, 10:5, 11:7, 11:11, 11:14, 13:8, 13:12, 13:21, 14:18, 18:5, 18:9, 18:18, 20:2, 20:11, 21:5, 21:9, 21:14, 22:19, 22:24, 26:21, 29:7, 29:10, 30:10, 32:9, 34:5, 39:22, 40:2, 40:8, 40:12, 41:13, 42:3, 42:5, 43:3, 43:6, 43:24, 44:6, 63:17, 63:22, 64:1, 64:6, 64:8, 69:5, 69:9, 70:20, 74:16, 75:16, 76:18, 76:22, 77:7, 77:10, 77:22, 77:24 willing [1] - 26:10 win [1] - 11:5 win/win [1] - 10:24 wind [2] - 12:5, 68:2 wish [2] - 4:12, 18:14 wishes [16] - 10:2, 10:7, 11:8, 13:9, 13:13, 18:6, 20:8, 20:12, 26:23, 29:8, 34:6, 39:23, 40:3, 44:1, 63:19, 63:23 wishing [3] - 4:15, 5:4, 5:5 WITNESS [2] - 3:3, 80:7 witnesses [2] - 4:23, 79:7 wondering [4] - 42:11, 64:10, 65:22, 66:20 words [3] - 40:20, 41:5, 46:17 Workers [1] - 10:15 world [1] - 45:12 world's [1] - 45:9 worried [1] - 41:15 worry [1] - 30:22 wrap [2] - 57:20, 65:19 wrapped [1] - 69:24 wrapping [2] - 19:21, 59:1 wraps [2] - 53:8, 68:23 Y yard [2] - 59:16, 59:18 year [2] - 19:24, 27:21 years [10] - 9:14, 19:1, 19:11, 27:5, 33:12, 34:2, 45:21, 48:21, 48:24, 70:11 yelling [1] - 30:23 YMCA [1] - 72:1 YORKVILLE [2] - 1:6, 1:7 Yorkville [36] - 1:18, 5:13, 6:16, 7:9, 7:23, 8:1, 9:5, 9:6, 12:24, 13:23, 14:14, 15:12, 16:7, 27:5, 27:22, 35:16, 35:19, 36:1, 36:17, 37:7, 38:6, 38:7, 38:9, 38:12, 38:14, 38:20, 39:3, 39:8, 39:15, 44:8, 45:19, 48:7, 54:8, 74:13 yorkville.il.us [1] - 37:4 young [1] - 28:20 YOUNG [16] - 5:20, 5:22, 5:24, 6:2, 6:4, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 12, 2024 11 6:6, 6:8, 6:10, 77:9, 77:11, 77:13, 77:15, 77:17, 77:19, 77:21, 77:23 Young [1] - 2:14 Z zoned [3] - 29:16, 45:19, 46:11 Zoning [3] - 4:6, 24:8, 25:2 ZONING [1] - 1:10 zoning [15] - 18:2, 24:4, 24:11, 24:14, 26:19, 27:14, 40:18, 43:19, 45:20, 46:18, 47:17, 47:22, 47:23, 47:24, 48:5 Zoom [1] - 2:1 1 SUMMARY: The petitioners, Steve Holland, contract purchaser, and Peter McKnight, owner, are seeking rezoning approval for an approximately 0.28-acre parcel at 102 Worsley Street in Yorkville, Illinois. The property is located south of East Main Street, immediately east of Worsley Street, and north of the Fox River in Yorkville, Illinois. The property is currently zoned R-1 Single-Family Suburban Residence District and is vacant. The petitioners are seeking to rezone the property to R-2 Single-Family Traditional Residence District with the intention of constructing a multigenerational single-family home. Memorandum To: Planning and Zoning Commission From: Sara Mendez, Planner I CC: Bart Olson, City Administrator Krysti Barksdale-Noble, Community Development Director Date: June 25, 2024 Subject: PZC 2024-12 102 S Worsley Street (Rezone) – Residential Rezoning from R-1 to R-2 2 PROPERTY BACKGROUND: As previously mentioned, the property is located south of East Main Street, immediately east of Worsley Street, and north of the Fox River. The parcel is approximately 11,969 square feet. Due to the property being slightly smaller than the required minimum lot size of 12,000 for the requested R-2 zoning classification, the petitioners are also seeking a variance. The property is located in the older part of town in the historic Bristol area and once had a two- story home which faced the Fox River. The home was constructed in 1900 and in its original condition, the home had 4 beds, 2 baths, and was 1,862 square feet. However, according to the petitioner, the home had been vacant for the last 10 years until the parcel was purchased on June 21, 2022 and the home and detached garage were subsequently demolished pursuant to a building permit. The parcel in its current state is shown in the photo to the left. It is also important to note, the property is adjacent to Worsley Street, an unimproved dedicated future right-of-way. The right-of- way is located to the west of the property and is planned to connect it to Gawne Lane to the north. PROPOSED REQUEST: The petitoners are seeking to rezone the parcel from R-1 Single-Family Suburban Residence District to R- 2 Single-Family Traditional Residence District to construct a single-family multi-generational home. A multi-generational home typically houses more than one adult generation of family members in the same home. The living arragments can include grandparents, parents, and their adult children. It can also include extended family and in-laws. According to the petitioners, the purpose of the rezoning is to have the property zoned in a way that is more applicable to the actual size of the property and to allow them to have smaller setbacks that would accommodate the design of the home. 3 Initially, staff was concerned if the R-2 Single-Family Traditional Residence District was the most appropriate zoning district based on the site plans, which could be interpreted as multi-family housing. However, after a review of the plans by Pete Ratos, Building Code Official, the site plans properly reflect a single-family structure. Per Mr. Ratos’s comment, “In the case of a structure like this the defining factor between single family and multifamily would be interconnectivity of the spaces. In the case of this home there is a main center staircase the interconnects all three levels and the common living areas. In my opinion this design would not be conducive to multifamily use but would work well for a multi-generational home. The 2018 IRC provides us with the minimal facilities required for habitable space but it does not put a cap on the number of those minimally the required facilities per structure. I will make sure to reiterate to the owner that this is a single-family home and cannot be treated as a multifamily home in any way shape or form.” SITE ANALYSIS: To consider the appropriateness for the rezoning request, an evaluation of the surrounding land uses and zoning is conducted. The immediate vicinity of 102 Worsley Street is primarily zoned residential , as illustrated in the table below. Zoning Land Use North R-2 Single-Family Traditional Residence District Vacant South Fox River Water Course East R-1 Single-Family Suburban Residence District Single-Family Home West R-3 Multi-Family Attached Residence District Multi-Family Home 4 Although the proposed single-family home is consistent with the existing surrounding zoning and land uses, the proposed property still requires one (1) variance to comply with the requested R-2 Single-Family Traditional Residence Standards. The variance pertains to the minimum lot size, as detailed in the table below. REGULATIONS CURRENT ZONING R-1 REGULATIONS PROPOSED ZONING R-2 REGULATIONS PROPOSED SITE PLAN VARIANCE DIFFERENCE FROM R-2 STANDARDS Minimum Lot Size 18,000 sq. ft. 12,000 sq ft 11,969 sq. ft. Decrease of 31 square feet Maximum Lot Width 100 feet 80 feet 80 feet - Minimum Front Setback 40 feet 30 feet 30 feet - Minimum Side Yard Setback 15 feet 10 feet 16 feet - Minimum Corner Side Yard Setback 40 feet 30 feet 30 feet - Minimum Rear Setback 50 feet 40 feet 45 feet - Maximum Building Height 30 feet 30 feet 27 feet - Maximum Lot Coverage 50% 45% 13% - The variance needed is not a significant change to the standards of the R-2 zoning district and align with the character of the neighborhood as illustrated in the aerial below. 5 COMPREHENSIVE PLAN: According to Yorkville’s Comprehensive Plan, the subject property’s future land use is classified as “Suburban Neighborhoods” which is intended to create well-designed, walkable neighborhoods that incorporate open space and appropriate linkages to surrounding districts or areas. The current land use and the proposed detached single-family home are consistent with Yorkville’s Comprehensive Plan. STAFF COMMENTS: Staff is supportive of the proposed rezoning request of the property located at 102 Worsley Street from R- 1 Single-Family Suburban Residence District to R-2 Single-Family Traditional Residence District. The proposed rezoning falls in line with the standards of the R-2 district and is consistent with the existing surrounding zoning and land use in the area. Lastly, the proposed rezoning request is consistent wi th Yorkville’s Comprehensive Plans. REZONING STANDARDS: Section 10-8-12 Map Amendments of the Unified Development Ordinance 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). 6 PROPOSED MOTION: In consideration of testimony presented during a Public Hearing on July 10, 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 Suburban Residence District to R-2 Single-Family Traditional Residence District for a proposed multi-generational single-family home, for a property located at 102 Worsley Street {insert any additional conditions of the Planning and Zoning Commission}… ATTACHMENTS: 1. Rezoning Application 2. Legal Description 3. Plat of Survey (photograph) 4. Site Plans 5. Property Owners Within 500 Feet 6. Public Hearing Notice Print using Adobe® Reader®'s "Actual size" setting r150 1/1 4/8/2024 11:38:00 AM Print using Adobe® Reader®'s "Actual size" setting r150 1/1 4/8/2024 11:37:35 AM Order ID:7653776 Page 1 of 3 6/18/2024 11:11:19 AMPrinted: GROSS PRICE * :$218.58 * Agency Commission not included IL Govt Legal Aurora BeaconPACKAGE NAME: Product(s): SubTrib_Aurora Beacon News, Publicnotices.com AdSize(s):1 Column Run Date(s):Friday, June 21, 2024 Zone:Full Run Color Spec.B/W Preview Order ID:7653776 Page 2 of 3 6/18/2024 11:11:19 AMPrinted: GROSS PRICE * :$218.58 * Agency Commission not included IL Govt Legal Aurora BeaconPACKAGE NAME: Order ID:7653776 Page 3 of 3 6/18/2024 11:11:19 AMPrinted: GROSS PRICE * :$218.58 * Agency Commission not included IL Govt Legal Aurora BeaconPACKAGE NAME: Letter from citizen 1 REQUEST SUMMARY: The petitioner, D.R. Horton, Inc. - Midwest, is seeking Final Plat approval for an approximately 22-acre site consisting of 158 new residential lots located east of Kennedy Road and south of the BNSF railroad in Yorkville. These lots will mark the initial stage of development for what was originally intended as a 42-acre, 298-unit townhome project in Units 10 and 11 of Grande Reserve (refer to map on the right). At full build-out the proposed units will have 312 townhome units, which represents an increase of 14 units, or approximately 4.75%, then originally planned and approved in the 2003 annexation agreement. Additionally, the petitioner is seeking approval of architectural design standards for the townhome building facades within the proposed final platted areas, as mandated by both the original annexation agreement and a subsequent 2021 economic incentive agreement. ZONING AND LAND USE: Both units are zoned R-2 Single Family Traditional Residence District Planned Unit Development (PUD) The following are the current immediate surrounding zoning and land uses: Zoning Land Use North Burlington Northern Santa Fe (BNSF) Railroad R-2 Planned Unit Development (Grande Reserve) Transportation Residential South Grande Trail/Freedom Place R-2 Planned Unit Development (Grande Reserve) PI Public Institutional District (Grande Reserve Elementary) Transportation Residential School East R-2 Planned Unit Development (Grande Reserve) Residential West Kennedy Road A-1 SU Agriculture (Unincorporated Kendall County) Transportation Blackberry Oaks Golf Course Memorandum To: Planning and Zoning Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: June 21, 2024 Subject: PZC 2024-14 Grande Reserve – Units 10A & 11A (Final Plat) Proposed Approval of 158 lots in 2 New Units of Grande Reserve 2 PROPOSED FINAL PLAT OF RESUBDIVISION: Preliminary plans for both Units 10 and 11 were approved by the City Council in February 2005 but were never recorded and have since expired. The proposed Final Plat of Subdivision generally conforms to those originally approved plans. As proposed, the final plats will be constructed in two (2) phases. Phase I consists of Unit 10A (Neighborhood 7) and 11A (Neighborhood 6). Unit 10A has 78 units illustrated with a grouping of 4-5 townhomes fronting public roadways, Matlock Drive and Grande Trail Road, as well as future dedicated public roadways, Farren Street, Duryea Drive and Litchfield Lane. Unit 11A proposes to have a total of 80 townhomes in groupings of 4-6 units fronting future dedicated public roadways, Richardson Circle and McMurtrie Way (street name to be revised due to a conflict with an existing street in another development). The area breakdown of the proposed final platted areas are as follows: UNIT 10A - AREA SUMMARY Land Type Acres Square Feet Lots 2.523 109,888 Common Area/Outlot 4.531 197,373 Dedicated Right of Way (Public Streets) 2.591 112,859 TOTAL 9.645 Acres 420,120 SF 3 UNIT 11A - AREA SUMMARY Land Type Acres Square Feet Lots 3.268 142,380 Common Area/Outlot 4.838 210,724 Dedicated Right of Way (Public Streets) 3.849 167,658 TOTAL 11.955 Acres 520,762 SF Building Setbacks: Proposed lot setbacks for front, side, and perimeter yards are consistent with the requirements established for parcels located in Neighborhoods 6 and 7, per “Exhibit E-1 Grande Reserve Variance Schedule for Neighborhoods 2-19” of the Annexation Agreement, as detailed below: BUILDING SETBACK REQUIRED MINIMUM PROPOSED SETBACK Front 25’ 25’ Side (Corner) 20’ 20’ Perimeter 30’ 30’ 4 PROPOSED PHASING OF DEVELOPMENT: As previously stated, the petitioner proposes to develop Units 10 and 11 of Grande Reserve in two (2) phases with roughly 78 lots per unit per phase. As illustrated below, all utilities required to operate Phase 1 will be installed with water mains looped and connected to exiting adjacent mains. Staff supports the phasing of the development, and all bonding or securities will be required by unit and not by phase, as required by the City’s Subdivision Control Ordinance. ANNEXATION AGREEMENT The original annexation agreement and the subsequent economic incentive agreement had provisions which apply to specific units within Grande Reserve and conditions for final plat approval. Below are applicable provisions to Unit 10 (Neighborhood 7) and Unit 11 (Neighborhood 6). Dwelling Unit Count According to the Annexation Agreement (Ord. 2003-44), flexibility is recognized in the layout and design of Neighborhoods 4-8. A total of 986 dwelling units are approved for these neighborhoods through the Concept PUD plans. The exact location and mix of housing units will be decided during preliminary/final platting. Any development phase with a total number of dwelling units within the approved limit for the neighborhoods is considered to be in substantial conformance with the Concept Plan. However, the Economic Incentive Agreement between the City and Grande Reserve (Chicago) ASLI VI, LLLP, approved in 2021 contemplated a minor change to the Planned Unit Development (PUD) for Unit 9. This change would allow for a switch in unit type from 224 duplexes to 111 single-family homes. As a result, the overall number of dwelling units in this section of Grande Reserve would decrease from 986 to 887 units. This includes the proposed addition of 14 units in Neighborhoods 6 (Unit 11) and 7 (Unit 6) by the petitioner. This change remains well below the maximum number of units permitted under the original 5 annexation agreement. Here's a comparison between the approved Concept Plan PUD dwelling unit count (Group Exhibit “C”) and the proposed final plat dwelling unit count for each neighborhood: NEIGHBORHOOD (UNIT) UNIT TYPE APPROVED DWELLING UNITS CONCEPT PUD PLAN PROPOSED/APPROVED DWELLING UNITS FINAL PLAT Neighborhood 4 (Unit 28) Apts. 300 300 Neighborhood 5 (Units 12, 15 and 22) TH 164 164 Neighborhood 6 (Unit 11) TH 156 158 Neighborhood 7 (Unit 10) TH 142 154 Neighborhood 8 (Unit 9) DU* 224 111 TOTAL 986 887 Cul-de-Sacs Per Ordinance the original annexation agreement, the homeowners’ association (HOA) for these units are required to pay for and perform all snowplowing of cul-de-sacs, even though all roads within the units will be public roads. The HOA does not have the snowplowing obligation for other public roadways within the units. Phase 1 of Unit 11A (Neighborhood 6) appears to have one (1) cul-de-sac around McMurtrie Way and Phase 2 of Unit 11 has two (2) cul-de-sacs. Phase 1 of Unit 10A does not indicate any cul-de-sacs. Homeowners Association (HOA)Declarations Per the original annexation agreement, the City shall have the right to review draft homeowners’ association (HOA) declaration. The attached draft declarations will regulate such aspects of the townhome developments within these units as the maintenance of common space, dwelling unit appearance, and assessments. While these declarations are not to be voted on as part of the Final Plat approval, they have been provided for inspection and comment. Staff has requested the developer add language in Article Three paragraph 3.02(a)(3) (page 8) to state the HOA shall provide maintenance to include snow removal on cul-de-sacs even though they will be publicly dedicated streets. Additionally, staff has recommended Article Seven paragraph 7.09 (page 21) be removed, as the City will move forward with establishing a dormant SSA upon approval of the final plat. APPEARANCE STANDARDS In the original Annexation Agreement (Ord. 2003-44), Architectural Design Standards for townhome development were established, along with conceptual building elevations provided in Exhibit “D2”. Owners and developers must provide standards regulating façade materials, accessory structures, and other building restrictions for each neighborhood in Grande Reserve. The standards must meet or exceed the City’s current appearance standards and also cover aspects such as color schemes, deck and patio specifications, fence specifications, restrictions on accessory buildings, housing styles, minimum square footage, building materials, and roof specifications. Areas not yet platted must submit architectural standards at the time of final plat submission. D.R. Horton has submitted plan elevations for two (2) townhome models in Units 10A and 11A. These models, named Seaboard/Richmond and Portsmouth, feature architectural shingles, decorative dormers, board and batten siding, covered porches, window shutters, boxed out/projections, and transom windows on the front doors. The Seaboard/Richmond townhome units are rear-loaded, two-story buildings with four to six units per building, each with a minimum of 1,500 square feet per unit. They are proposed for construction in Neighborhood 6/Unit 10. The Portsmouth townhome units are front-loaded, two-story buildings with four to six units per building, each with a minimum of 1,600 square feet per unit. They are proposed for construction in Neighborhood 7/Unit 11. Both models include masonry wainscoting on the front façade made of cultured stone veneer. 6 According to Chapter 10-5-8 of the Unified Development Ordinance (UDO), the City's Appearance Standards mandate that at least 75% of the total buildings incorporate masonry products on their front facades. Additionally, these facades must include a minimum of 50% premium siding material. Of this premium siding requirement, at least 25% must be masonry products. Credit towards fulfilling the premium siding requirement can be earned by using major architectural features, with each feature providing a 10% credit. Premium siding materials encompass masonry products, cultured stone, natural wood siding, and synthetic stucco. The provided data table below compares and calculates the elevations to ensure compliance with these UDO Appearance Standards. Portsmouth Townhome Series (Unit 11A) Appearance Code Requirements Proposed Elevation Masonry product 75% of total buildings At least 60 of 80 buildings 75% of total buildings Premium Siding 50% on front façade – excluding openings 1,289.60 sq. ft. façade area (644.8 sq. ft. required) 305.74 sq. ft. premium siding (23.70%) Masonry Siding 25% of premium siding 161.2 sq. ft. of 644.8 sq. ft. required for masonry siding 305.74 sq. ft. masonry siding (~190%) Credit for major architectural feature 10% each 30% credit (dormers = yellow; covered porches = red; boxed- out projections = green) Meets 20% of premium siding requirement 7 Seaboard/Richmond Townhome Series (Unit 10A) Appearance Code Requirements Proposed Elevation Masonry product 75% of total buildings At least 59 of 78 buildings 75% of total buildings Premium Siding 50% on front façade – excluding openings 1,130.13 sq. ft. façade area (565 sq. ft. required) 241.75 sq. ft. premium siding (21.40%) Masonry Siding 25% of premium siding 141.25 sq. ft. of 565 sq. ft. required for masonry siding 241.75 sq. ft. masonry siding (~170%) Credit for major architectural feature 10% each 30% credit (dormers = yellow; covered porches = red; boxed- out projections = green) Meets 20% of premium siding requirement 8 Staff Comments: The proposed Final Plat of Resubdivision has been reviewed by the City’s engineering consultant, Engineering Enterprises Inc., for compliance with the Subdivision Control Ordinance’s Standards for Specification. Comments dated April 16, 2024 and June 12, 2024 have been provided to the applicant (see attached). These comments will be addressed in a revised Final Plat which will be submitted to the City prior to final plat recordation. Based upon the review of the proposed Final Plat of Subdivision of Grande Reserve Units 10A and 11A, staff believes the submitted plans are consistent with the approved development site plan and the current subdivision control regulations. Proposed Motion: In consideration of the proposed Final Plat of Subdivision of Grande Reserve Units 10A and 11A, the Planning and Zoning Commission recommends approval of the plats to the City Council as presented by the Petitioner in plans prepared by Manhard Consulting, Ltd. dated last revised 04-29-2024, subject to review comments provided by the City Engineer, EEI, Inc. dated April 16, 2024 and June 12, 2024, and further subject to {insert any additional conditions of the Planning and Zoning Commission}… Attachments: 1. Copy of Petitioner’s Application 2. Final Plat of Subdivision of Grande Reserve Units 10A and 11A prepared by Manhard Consulting Ltd., dated 04-29-2024. 3. Elevations 4. Proposed Infrastructure Phasing Plan prepared by Manhard Consulting Ltd., dated 04/03/2024. 5. Draft Declaration for Grande Reserve Townes 6. EEI Letter to City dated June 12, 2024. 7. EEI Letter to the City dated April 16, 2024. PROJ. MGR.: DRAWN BY: DATE: SCALE: OF SHEET PROJ. ASSOC.:DATEREVISIONSDRAWN BYTM333 East Butterfield Road, Suite 600, Lombard, IL 60148 ph:630.691.8500 fx:630.691.8585 manhard.comGRANDE RESERVE - UNIT 10AYORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION1 7 April 29, 2024 - 14:45 Dwg Name: P:\Drhyvil02\dwg\Surv\Final Drawings\Plat of Subdivision\Final Plat\Unit 10A\01-DRHYVIL02-PS-10A.dwg Updated By: CSalazar PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATEREVISIONSDRAWN BYTM333 East Butterfield Road, Suite 600, Lombard, IL 60148 ph:630.691.8500 fx:630.691.8585 manhard.comGRANDE RESERVE - UNIT 10AYORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION27 PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATEREVISIONSDRAWN BYTM333 East Butterfield Road, Suite 600, Lombard, IL 60148 ph:630.691.8500 fx:630.691.8585 manhard.comGRANDE RESERVE - UNIT 10AYORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION37 PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATEREVISIONSDRAWN BYTM333 East Butterfield Road, Suite 600, Lombard, IL 60148 ph:630.691.8500 fx:630.691.8585 manhard.comGRANDE RESERVE - UNIT 10AYORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION47 PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATEREVISIONSDRAWN BYTM333 East Butterfield Road, Suite 600, Lombard, IL 60148 ph:630.691.8500 fx:630.691.8585 manhard.comGRANDE RESERVE - UNIT 10AYORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION57 PROJ. MGR.: DRAWN BY: DATE: SCALE: OF SHEET PROJ. ASSOC.:DATEREVISIONSDRAWN BYTM333 East Butterfield Road, Suite 600, Lombard, IL 60148 ph:630.691.8500 fx:630.691.8585 manhard.comGRANDE RESERVE - UNIT 10AYORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION6 7 April 29, 2024 - 15:34 Dwg Name: P:\Drhyvil02\dwg\Surv\Final Drawings\Plat of Subdivision\Final Plat\Unit 10A\06-07-DRHYVIL02-PS-10A.dwg Updated By: CSalazar“”“”“ ”“” “ ”“ ” ’ “”“”“ ”“” “” “” “” “”“ ”“”“”“”“” “”“”“ ” “” “” “ ” “” “ ” ’ “ ” PROJ. MGR.: DRAWN BY: DATE: SCALE: OF SHEET PROJ. ASSOC.:DATEREVISIONSDRAWN BYTM333 East Butterfield Road, Suite 600, Lombard, IL 60148 ph:630.691.8500 fx:630.691.8585 manhard.comGRANDE RESERVE - UNIT 10AYORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION7 7 May 29, 2024 - 06:57 Dwg Name: P:\Drhyvil02\dwg\Surv\Final Drawings\Plat of Subdivision\Final Plat\Unit 10A\06-07-DRHYVIL02-PS-10A.dwg Updated By: CSalazar PROJ. MGR.: DRAWN BY: DATE: SCALE: OF SHEET PROJ. ASSOC.:DATEREVISIONSDRAWN BYTM333 East Butterfield Road, Suite 600, Lombard, IL 60148 ph:630.691.8500 fx:630.691.8585 manhard.comGRANDE RESERVE - UNIT 11AYORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION1 7 April 29, 2024 - 14:20 Dwg Name: P:\Drhyvil02\dwg\Surv\Final Drawings\Plat of Subdivision\Final Plat\Unit 11A\01-DRHYVIL02-PS-11A.dwg Updated By: CSalazar PROJ. MGR.: DRAWN BY: DATE: SCALE: OF SHEET PROJ. ASSOC.:DATEREVISIONSDRAWN BYTM333 East Butterfield Road, Suite 600, Lombard, IL 60148 ph:630.691.8500 fx:630.691.8585 manhard.com GRANDE RESERVE - UNIT 11A YORKVILLE, ILLINOIS FINAL PLAT OF SUBDIVISION2 7 April 29, 2024 - 14:37 Dwg Name: P:\Drhyvil02\dwg\Surv\Final Drawings\Plat of Subdivision\Final Plat\Unit 11A\02-05-DRHYVIL02-PS-11A.dwg Updated By: CSalazar PROJ. MGR.: DRAWN BY: DATE: SCALE: OF SHEET PROJ. ASSOC.:DATEREVISIONSDRAWN BYTM333 East Butterfield Road, Suite 600, Lombard, IL 60148 ph:630.691.8500 fx:630.691.8585 manhard.com GRANDE RESERVE - UNIT 11A YORKVILLE, ILLINOIS FINAL PLAT OF SUBDIVISION3 7 April 29, 2024 - 14:37 Dwg Name: P:\Drhyvil02\dwg\Surv\Final Drawings\Plat of Subdivision\Final Plat\Unit 11A\02-05-DRHYVIL02-PS-11A.dwg Updated By: CSalazar PROJ. MGR.: DRAWN BY: DATE: SCALE: OF SHEET PROJ. ASSOC.:DATEREVISIONSDRAWN BYTM333 East Butterfield Road, Suite 600, Lombard, IL 60148 ph:630.691.8500 fx:630.691.8585 manhard.com GRANDE RESERVE - UNIT 11A YORKVILLE, ILLINOIS FINAL PLAT OF SUBDIVISION4 7 April 29, 2024 - 14:37 Dwg Name: P:\Drhyvil02\dwg\Surv\Final Drawings\Plat of Subdivision\Final Plat\Unit 11A\02-05-DRHYVIL02-PS-11A.dwg Updated By: CSalazar PROJ. MGR.: DRAWN BY: DATE: SCALE: OF SHEET PROJ. ASSOC.:DATEREVISIONSDRAWN BYTM333 East Butterfield Road, Suite 600, Lombard, IL 60148 ph:630.691.8500 fx:630.691.8585 manhard.com GRANDE RESERVE - UNIT 11A YORKVILLE, ILLINOIS FINAL PLAT OF SUBDIVISION5 7 April 29, 2024 - 14:37 Dwg Name: P:\Drhyvil02\dwg\Surv\Final Drawings\Plat of Subdivision\Final Plat\Unit 11A\02-05-DRHYVIL02-PS-11A.dwg Updated By: CSalazar PROJ. MGR.: DRAWN BY: DATE: SCALE: OF SHEET PROJ. ASSOC.:DATEREVISIONSDRAWN BYTM333 East Butterfield Road, Suite 600, Lombard, IL 60148 ph:630.691.8500 fx:630.691.8585 manhard.comGRANDE RESERVE - UNIT 11AYORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION6 7 April 29, 2024 - 15:20 Dwg Name: P:\Drhyvil02\dwg\Surv\Final Drawings\Plat of Subdivision\Final Plat\Unit 11A\06-07-DRHYVIL02-PS-11A.dwg Updated By: CSalazar“”“”“ ”“” “ ”“ ” ’ “”“”“ ”“” “” “” “” “”“ ”“”“”“”“” “”“”“ ” “” “” “ ” “” “ ” ’ “ ” PROJ. MGR.: DRAWN BY: DATE: SCALE: OF SHEET PROJ. ASSOC.:DATEREVISIONSDRAWN BYTM333 East Butterfield Road, Suite 600, Lombard, IL 60148 ph:630.691.8500 fx:630.691.8585 manhard.comGRANDE RESERVE - UNIT 11AYORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION7 7 May 29, 2024 - 06:57 Dwg Name: P:\Drhyvil02\dwg\Surv\Final Drawings\Plat of Subdivision\Final Plat\Unit 11A\06-07-DRHYVIL02-PS-11A.dwg Updated By: CSalazar Premier Architecture, Inc. Premier Architecture, Inc. Premier Architecture, Inc. Premier Architecture, Inc. G R A N D E T R A IL BERRYWOOD LANE N PROJ. MGR.: DRAWN BY: DATE: SCALE: SHEET PROJ. ASSOC.:DATEREVISIONSDRAWN BYTM333 East Butterfield Road, Suite 600, Lombard, IL 60148 ph:630.691.8500 fx:630.691.8585 manhard.comGRAND RESERVE - UNITS 10 & 11CITY OF YORKVILLE, ILLINOISINFRASTRUCTURE PHASING PLAN1 33700\721-A\4891-4953-1336.v2 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Steven H. Goodman MELTZER, PURTILL & STELLE LLC 1515 East Woodfield Road Second Floor Schaumburg, Illinois 60173-5431 DECLARATION FOR GRANDE RESERVE TOWNES TABLE OF CONTENTS ARTICLE ONE Definitions .................................................................................................................................... 1 1.01 ASSOCIATION ................................................................................................................................................ 1 1.02 BACKUP SPECIAL SERVICE AREA ............................................................................................................ 1 1.03 CHARGES ........................................................................................................................................................ 2 1.04 COMMUNITY AREA ..................................................................................................................................... 2 1.05 COMMUNITY ASSESSMENT ....................................................................................................................... 2 1.06 COMMUNITY EXPENSES............................................................................................................................. 2 1.07 INTENTIONALLY OMITTED ....................................................................................................................... 2 1.08 INTENTIONALLY OMITTED ....................................................................................................................... 2 1.09 COST SHARING AGREEMENT .................................................................................................................... 2 1.10 COUNTY.......................................................................................................................................................... 2 1.11 DECLARANT .................................................................................................................................................. 2 1.12 DECLARATION .............................................................................................................................................. 3 1.13 DEVELOPMENT AREA ................................................................................................................................. 3 1.14 DWELLING UNIT ........................................................................................................................................... 3 1.15 FIRST MORTGAGEE ..................................................................................................................................... 3 1.16 GRAND RESERVE COMMUNITY ASSOCIATION .................................................................................... 3 1.17 HOME .............................................................................................................................................................. 3 1.18 HOME EXTERIOR .......................................................................................................................................... 3 1.19 LOT .................................................................................................................................................................. 3 1.20 MANAGERS .................................................................................................................................................... 3 1.21 MUNICIPALITY ............................................................................................................................................. 3 1.22 OPERATING AGREEMENT .......................................................................................................................... 3 1.23 OWNER ........................................................................................................................................................... 3 1.24 PERSON ........................................................................................................................................................... 3 1.25 PREMISES ....................................................................................................................................................... 4 1.26 PRIVATE WATER AND SEWER SERVICE EXTENSIONS ....................................................................... 4 1.27 RECORD .......................................................................................................................................................... 4 1.28 RESIDENT ....................................................................................................................................................... 4 1.29 TURNOVER DATE ......................................................................................................................................... 4 1.30 VOTING MEMBER ......................................................................................................................................... 4 ARTICLE TWO Scope of Declaration/Certain Easements ..................................................................................... 4 ABOVE SPACE FOR RECORDER’S USE ONLY 33700\721-A\4891-4953-1336.v2 2.01 PROPERTY SUBJECT TO DECLARATION ................................................................................................. 4 2.02 CONVEYANCES SUBJECT TO DECLARATION ....................................................................................... 4 2.03 DURATION ..................................................................................................................................................... 4 2.04 DWELLING UNIT CONVEYANCE .............................................................................................................. 5 2.05 ACCESS EASEMENT ..................................................................................................................................... 5 2.06 RIGHT OF ENJOYMENT ............................................................................................................................... 5 2.07 DELEGATION OF USE .................................................................................................................................. 5 2.08 UTILITY EASEMENTS .................................................................................................................................. 5 2.09 EASEMENTS, LEASES, LICENSES AND CONCESSIONS ........................................................................ 5 2.10 ASSOCIATION'S ACCESS ............................................................................................................................. 6 2.11 NO DEDICATION TO PUBLIC USE ............................................................................................................. 6 2.12 EASEMENT FOR ENCROACHMENT .......................................................................................................... 6 2.13 OWNERSHIP OF COMMUNITY AREA ....................................................................................................... 7 2.14 REAL ESTATE TAXES FOR COMMUNITY AREA .................................................................................... 7 ARTICLE THREE Maintenance/Services/Alterations ........................................................................................... 7 3.01 IN GENERAL .................................................................................................................................................. 7 3.02 MAINTENANCE BY ASSOCIATION ........................................................................................................... 7 3.03 MAINTENANCE BY OWNER ....................................................................................................................... 8 3.04 CERTAIN UTILITY COSTS ........................................................................................................................... 8 3.05 DAMAGE BY RESIDENT .............................................................................................................................. 9 3.06 ALTERATIONS, ADDITIONS OR IMPROVEMENTS TO THE COMMUNITY AREA ............................ 9 3.07 ALTERATIONS, ADDITIONS OR IMPROVEMENTS TO HOME EXTERIORS ....................................... 9 3.08 WASTE REMOVAL ...................................................................................................................................... 10 ARTICLE FOUR Insurance/Condemnation ............................................................................................................ 10 4.01 ASSOCIATION INSURANCE ...................................................................................................................... 10 4.02 HOME INSURANCE/DAMAGE .................................................................................................................. 11 4.03 OWNER RESPONSIBILITY ......................................................................................................................... 13 4.04 WAIVER OF SUBROGATION ..................................................................................................................... 13 4.05 CONDEMNATION ........................................................................................................................................ 13 ARTICLE FIVE The Association .......................................................................................................................... 14 5.01 IN GENERAL ................................................................................................................................................ 14 5.02 MEMBERSHIP .............................................................................................................................................. 14 5.03 VOTING MEMBERS .................................................................................................................................... 14 5.04 MANAGERS .................................................................................................................................................. 14 5.05 VOTING RIGHTS ......................................................................................................................................... 14 5.06 MANAGERS LIABILITY ............................................................................................................................. 15 5.07 ENGAGEMENT OF MANAGING AGENT ................................................................................................. 15 5.08 REPRESENTATION ..................................................................................................................................... 15 5.09 DISSOLUTION .............................................................................................................................................. 15 5.10 LITIGATION ................................................................................................................................................. 16 5.11 CONVERSION/MERGER ............................................................................................................................. 16 ARTICLE SIX Assessments ............................................................................................................................... 16 6.01 PURPOSE OF ASSESSMENTS .................................................................................................................... 16 6.02 ASSESSMENTS ............................................................................................................................................ 16 6.03 PAYMENT OF ASSESSMENT .................................................................................................................... 17 6.04 REVISED ASSESSMENT ............................................................................................................................. 17 6.05 SPECIAL ASSESSMENT .............................................................................................................................. 18 6.06 CAPITAL RESERVE ..................................................................................................................................... 18 6.07 INITIAL CAPITAL CONTRIBUTION ......................................................................................................... 19 6.08 PAYMENT OF ASSESSMENTS .................................................................................................................. 19 ARTICLE SEVEN Collection of Charges and Remedies for Breach or Violation ............................................... 19 7.01 CREATION OF LIEN AND PERSONAL OBLIGATION ........................................................................... 19 33700\721-A\4891-4953-1336.v2 7.02 COLLECTION OF CHARGES ...................................................................................................................... 19 7.03 NON-PAYMENT OF CHARGES ................................................................................................................. 19 7.04 LIEN FOR CHARGES SUBORDINATED TO MORTGAGES ................................................................... 20 7.05 SELF-HELP BY MANAGERS ...................................................................................................................... 20 7.06 OTHER REMEDIES OF THE MANAGERS ................................................................................................ 20 7.07 COSTS AND EXPENSES ............................................................................................................................. 20 7.08 ENFORCEMENT BY OWNERS .................................................................................................................. 20 7.09 ENFORCEMENT BY MUNICIPALITY ....................................................................................................... 21 7.10 BACKUP SPECIAL SERVICE AREA .......................................................................................................... 21 ARTICLE EIGHT Use Restrictions ..................................................................................................................... 21 8.01 INDUSTRY/SIGNS ....................................................................................................................................... 21 8.02 UNSIGHTLY USES ....................................................................................................................................... 21 8.03 SATELLITE DISHES/ANTENNAE .............................................................................................................. 21 8.04 RESIDENTIAL USE ONLY .......................................................................................................................... 22 8.05 PARKING ...................................................................................................................................................... 22 8.06 PETS ............................................................................................................................................................... 22 8.07 NO NUISANCE ............................................................................................................................................. 22 8.08 RULES AND REGULATIONS ..................................................................................................................... 22 8.09 FENCING ....................................................................................................................................................... 22 8.10 SHEDS ............................................................................................................................................................ 22 8.11 WATERING ................................................................................................................................................... 22 8.12 POOL .............................................................................................................................................................. 22 ARTICLE NINE Declarant's Reserved Rights and Special Provisions Covering Development Period ................ 23 9.01 IN GENERAL ................................................................................................................................................ 23 9.02 PROMOTION OF PROJECT ......................................................................................................................... 23 9.03 CONSTRUCTION ON PREMISES ............................................................................................................... 23 9.04 GRANT OF EASEMENTS AND DEDICATIONS ....................................................................................... 23 9.05 DECLARANT CONTROL OF ASSOCIATION ........................................................................................... 23 9.06 OTHER RIGHTS ........................................................................................................................................... 24 9.07 ASSIGNMENT BY DECLARANT ............................................................................................................... 24 9.08 DESIGN AND MAINTENANCE CONTROLS ............................................................................................ 24 ARTICLE TEN Amendment ................................................................................................................................ 26 10.01 SPECIAL AMENDMENTS ......................................................................................................................... 26 10.02 AMENDMENT ............................................................................................................................................ 26 ARTICLE ELEVEN First Mortgagees Rights ........................................................................................................ 26 11.01 NOTICE TO FIRST MORTGAGEES ......................................................................................................... 26 11.02 CONSENT OF FIRST MORTGAGEES ...................................................................................................... 27 11.03 INSURANCE PROCEEDS/CONDEMNATION AWARDS ...................................................................... 28 ARTICLE TWELVE Annexing Additional Property .............................................................................................. 28 12.01 IN GENERAL .............................................................................................................................................. 28 12.02 POWER TO AMEND .................................................................................................................................. 28 12.03 EFFECT OF SUPPLEMENTAL DECLARATION ..................................................................................... 29 ARTICLE THIRTEEN Party Walls ........................................................................................................................ 29 13.01 PARTY WALL ............................................................................................................................................. 29 13.02 RIGHTS IN PARTY WALL ........................................................................................................................ 30 13.03 DAMAGE TO PARTY WALL .................................................................................................................... 30 13.04 CHANGE IN PARTY WALL ...................................................................................................................... 30 13.05 ARBITRATION ........................................................................................................................................... 30 ARTICLE FOURTEEN Miscellaneous ....................................................................................................................... 31 14.01 NOTICES ..................................................................................................................................................... 31 33700\721-A\4891-4953-1336.v2 14.02 CAPTIONS ................................................................................................................................................... 31 14.03 SEVERABILITY .......................................................................................................................................... 31 14.04 PERPETUITIES AND OTHER INVALIDITY ........................................................................................... 31 14.05 TITLE HOLDING LAND TRUST .............................................................................................................. 31 14.06 WAIVER OF IMPLIED WARRANTY OF HABITABILITY AND OTHER WARRANTIES ................. 32 14.07 MUNICIPAL ORDINANCES AND REGULATIONS ............................................................................... 32 33700\721-A\4891-4953-1336.v2 1 DECLARATION FOR GRANDE RESERVE TOWNES This Declaration is made by D.R. Horton, Inc.-Midwest, a California corporation ("Declarant"). R E C I T A L S The Development Area is legally described in Exhibit A hereto. Some or all of the Development Area shall be the subject of a phased development called Grande Reserve Townes (the "Development"). The Development shall include Dwelling Units and Community Area. Initially, the Declarant shall subject the real estate which is legally described in Exhibit B hereto to the provisions of this Declaration as the Premises. From time to time the Declarant may subject additional portions of the Development Area to the provisions of this Declaration as Added Premises, as more fully described in Article Twelve. Nothing in this Declaration shall be construed to require the Declarant to subject additional portions of the Development Area to the provisions of this Declaration. Those portions of the Development Area which are not made subject to the provisions of this Declaration as Premises may be used for any purposes not prohibited by law. In order to provide for the orderly and proper maintenance of the Premises, the Declarant has formed (or will form) the Association under the Illinois Limited Liability Company Act, and the Association shall adopt budgets and fix assessments to pay the expenses incurred in connection with such duties. Each Owner of a Dwelling Unit shall be a member of the Association and shall be responsible for paying assessments with respect to the Dwelling Unit owned by such Owner. During the construction and marketing of the Development, the Declarant shall retain certain rights set forth in this Declaration, which rights shall include, without limitation, the right, prior to the Turnover Date, to manage the affairs of the Association or to designate the Managers of the Association, as more fully described in Article Nine and in the Operating Agreement, and the right to come upon the Premises in connection with Declarant's efforts to sell Dwelling Units and other rights reserved in Article Nine. NOW, THEREFORE, the Declarant hereby declares as follows: ARTICLE ONE Definitions For brevity and clarity, certain words and terms used in this Declaration are defined as follows: 1.01 ASSOCIATION: The Grande Reserve Townes Homeowners Association, LLC, an Illinois limited liability company, its successors and assigns. 1.02 BACKUP SPECIAL SERVICE AREA: A special service area which may be 33700\721-A\4891-4953-1336.v2 2 established by the Municipality to serve as a what is commonly referred to as a “Backup Special Service Area”, as more fully provided in Section 7.10. 1.03 CHARGES: The Community Assessment, any special assessment levied by the Association and/or any other charges or payments which an Owner is required to pay or for which an Owner is liable under this Declaration or the Operating Agreement. 1.04 COMMUNITY AREA: Those portions of the Premises which are designated in Part III of Exhibit B, as Exhibit B may be amended from time to time, as Community Area. The Community Area will generally consist of and include greenspace, [entry monuments, if any,] and related appurtenances, [landscaped entry median islands, if any, which may be located within public right of way which serve the Premises] and other facilities and improvements which serve the Premises, and all portions of the Premises located outside of the Homes. 1.05 COMMUNITY ASSESSMENT: The amounts which the Association shall assess and collect from the Owners to pay the Community Expenses and accumulate reserves for such expenses, as more fully described in Article Six. 1.06 COMMUNITY EXPENSES: The Community Expenses shall include: (i) the expenses of administration (including management and professional services), operation, mainte- nance, repair, replacement and landscaping on the Community Area; (ii) the expense of maintenance, repair and replacement of all improvements located on the Community Area, [including, but not limited to, monument signs]; (iii) the expense of maintenance, repair and replacement of personal property acquired and used by the Association in connection with the maintenance of the Community Area; (iv) the cost of insurance for the Community Area; (v) any expenses designated as Community Expenses by this Declaration, (vi) the expenses of the maintenance, repair and replacement of Home Exteriors, (vii) the premiums for fire and extended coverage insurance for the Homes, as provided for in Article Four, and (viii) the Association’s share of expenses to maintain certain storm water detention facilities as determined pursuant to the Cost Sharing Agreement. Notwithstanding the foregoing, Community Expenses shall not include any payments made out of Capital Reserves. 1.07 INTENTIONALLY OMITTED. 1.08 INTENTIONALLY OMITTED. 1.09 COST-SHARING AGREEMENT: That certain Cost-Sharing Agreement between the Association and the Grande Reserve Community Association dated _______ and recorded on ________ as Document No. _________ in the County, which determines the Association’s share of expenses borne by Grande Reserve Community Association in maintaining certain storm water detention facilities which serve the Premises. 1.10 COUNTY: Kendall County, Illinois, or any political entity which may from time to time be empowered to perform the functions or exercise the powers vested in a County as of the Recording of this Declaration. 1.11 DECLARANT: D. R. Horton, Inc.-Midwest, a California corporation, its successors and assigns. 33700\721-A\4891-4953-1336.v2 3 1.12 DECLARATION: This instrument with all Exhibits hereto, as amended or supplemented from time to time. 1.13 DEVELOPMENT AREA: The real estate described in Exhibit A hereto with all improvements thereon and rights appurtenant thereto. Exhibit A is attached hereto for informational purposes only and no covenants, conditions, restrictions, easements, liens or changes shall attach to any part of the real estate described therein, except to the extent that portions thereof are described in Exhibit B and expressly made subject to the provisions of this Declaration as part of the Premises. Any portions of the Development Area which are not made subject to the provisions of this Declaration as part of the Premises may be developed and used for any purposes not prohibited by law, including, without limitation, as a residential development which is administered separate from the Development. 1.14 DWELLING UNIT: A Lot which is improved or intended to be improved with an attached single family residential unit may be referred to herein as a “Dwelling Unit”. 1.15 FIRST MORTGAGEE: The holder of a bona fide first mortgage, first trust deed or equivalent security interest covering a Dwelling Unit. 1.16 GRAND RESERVE COMMUNITY ASSOCIATION: The Grande Reserve Community Association established pursuant to that certain [Declaration for Grande Reserve Community Association] recorded on _______ as Document No. _______ in the County. 1.17 HOME: That portion of a Dwelling Unit which is improved with an attached single family residential unit. 1.18 HOME EXTERIOR: The roof, slab, foundation, steps, footings, gutters, patios and outer surface of exterior walls and doors of Home, together with any utility lines located therein. 1.19 LOT: A subdivided lot which is designated in Exhibit B as a “Lot”. 1.20 MANAGERS: The Declarant, as the sole Manager, or the Managers from time to time as appointed or elected as provided in this Declaration or the Operating Agreement. 1.21 MUNICIPALITY: The City of Yorkville, Illinois or its successors, or any political entity which may from time to time be empowered to perform the functions or exercise the powers vested in the Municipality as of the Recording of this Declaration. 1.22 OPERATING AGREEMENT: The Operating Agreement of the Association, a copy of which is attached hereto as Exhibit C. 1.23 OWNER: A Record owner, whether one or more persons, of fee simple title to a Dwelling Unit, including a contract seller, but excluding those having such interest merely as security for the performance of an obligation. The Declarant shall be deemed to be an Owner with respect to each Dwelling Unit owned by the Declarant. 1.24 PERSON: A natural individual, corporation, partnership, trustee or other legal 33700\721-A\4891-4953-1336.v2 4 entity capable of holding title to real property. 1.25 PREMISES: Those portions of the Development Area which are legally described in Exhibit B hereto, with all improvements thereon and rights appurtenant thereto. Declarant shall have the right, but not the obligation, to make additional portions of the Development Area subject to this Declaration as part of the Premises as more fully provided in Article Twelve. 1.26 PRIVATE WATER AND SEWER SERVICE EXTENSIONS: The water service lines which are located on the Premises and which connect each Home with the dedicated water main which serves the Premises and the sewer lines which are located on the Premises and connect each Home with the dedicated sewer main which serves the Premises. 1.27 RECORD: To record in the office of the Recorder of Deeds for the County. 1.28 RESIDENT: An individual who legally resides in a Dwelling Unit. 1.29 TURNOVER DATE: The date on which the rights of the Declarant to manage the affairs of the Association and to designate the Managers of the Association are terminated under Section 9.05. 1.30 VOTING MEMBER: The individual who shall be entitled to vote in person or by proxy at meetings of the Owners, as more fully set forth in Article Five. ARTICLE TWO Scope of Declaration/Certain Easements 2.01 PROPERTY SUBJECT TO DECLARATION: Declarant, as the owner of fee simple title to the Premises, expressly intends to and by Recording this Declaration, does hereby subject the Premises to the provisions of this Declaration. Declarant shall have the right from time to time to subject additional portions of the Development Area to the provisions of this Declaration as Added Premises, as provided in Article Twelve hereof. Nothing in this Declaration shall be construed to obligate the Declarant to subject to this Declaration as Premises any portion of the Development Area other than those portions which are described in Exhibit B hereto or which are added to Exhibit B by Supplemental Declarations (as defined in Section 12.01) Recorded by Declarant pursuant to Article Twelve. 2.02 CONVEYANCES SUBJECT TO DECLARATION: All easements, restrictions, conditions, covenants, reservations, liens, charges, rights, benefits, and privileges which are granted, created, reserved or declared by this Declaration shall be deemed to be covenants appurtenant, running with the land and shall at all times inure to the benefit of and be binding on any Person having at any time any interest or estate in the Premises, and their respective heirs, successors, personal representatives or assigns, regardless of whether the deed or other instrument which creates or conveys the interest makes reference to this Declaration. 2.03 DURATION: Except as otherwise specifically provided herein the covenants, conditions, restrictions, easements, reservations, liens, and charges, which are granted, created, reserved or declared by this Declaration shall be appurtenant to and shall run with and bind the land for a period of forty (40) years from the date of Recording of this Declaration and for 33700\721-A\4891-4953-1336.v2 5 successive periods of ten (10) years each unless revoked, changed or amended as provided in Section 10.02. 2.04 DWELLING UNIT CONVEYANCE: Once a Dwelling Unit has been conveyed by the Declarant to a bona fide purchaser for value, then any subsequent conveyance or transfer of ownership of the Dwelling Unit shall be of the entire Dwelling Unit and there shall be no conveyance or transfer of a portion of the Dwelling Unit without the prior written consent of the Managers. 2.05 ACCESS EASEMENT: Each Owner shall have a non-exclusive perpetual easement for ingress to and egress from the Owner’s Lot to a public way, over and across the private roads, driveways and walkways located on the Community Area, which easement shall run with the land, be appurtenant to and pass with title to every Lot. The Municipality or any other governmental authority which has jurisdiction over the Premises shall have a non-exclusive easement of access over and across the private roads and driveways located on the Community Area for police, fire, ambulance, waste removal or for the purpose of furnishing municipal or emergency services to the Premises. The Association, its employees and agents, shall have the right of ingress to, egress from, and parking on the Community Area, and the right to store equipment on the Community Area, for the purpose of furnishing any maintenance, repairs or replacements of the Premises, as required or permitted hereunder. 2.06 RIGHT OF ENJOYMENT: Each Owner shall have the non-exclusive right and easement to use and enjoy the Community Area. Such rights and easements shall run with the land, be appurtenant to and pass with title to every Lot, and shall be subject to and governed by the laws, ordinances and statutes of jurisdiction, the provisions of this Declaration, the Operating Agreement, and the reasonable rules and regulations from time to time adopted by the Association. 2.07 DELEGATION OF USE: Subject to the provisions of this Declaration, the Operating Agreement, and the reasonable rules and regulations from time to time adopted by the Association, any Owner may delegate his right to use and enjoy the Community Area to Residents of the Owner's Dwelling Unit. An Owner shall delegate such rights to tenants and contract purchasers of the Owner's Dwelling Unit who are Residents. 2.08 UTILITY EASEMENTS: The Municipality and all public and private utilities (including cable companies) serving the Premises are hereby granted the right to lay, construct, renew, operate, and maintain conduits, cables, pipes, wires, transformers, switching apparatus and other equipment, into and through the Community Area for the purpose of providing utility services to the Premises. In addition, each Owner of a Dwelling Unit shall have a perpetual easement for the continued existence and use of water, sewer, electric, gas or other utility lines and/or components of the air conditioning system which were originally installed by the Declarant or a utility company and which serve the Owner’s Home, which utility lines or wiring may be located in the Community Area or on any other portion of the Premises, including, without limitation, under or through another Dwelling Unit. Any damage resulting from the exercise of any of the easements declared under this Section 2.08 shall be repaired by the party causing such damage. 2.09 EASEMENTS, LEASES, LICENSES AND CONCESSIONS: The Association 33700\721-A\4891-4953-1336.v2 6 shall have the right and authority from time to time to lease or grant easements, licenses, or concessions with regard to any portions or all of the Community Area for such uses and purposes as the Managers deems to be in the best interests of the Owners and which are not prohibited hereunder, including, without limitation, the right to grant easements for utilities or any other purpose which the Managers deems to be in the best interests of the Owners. Any proceeds from leases, easements, licenses or concessions with respect to the Community Area shall be used to pay the Community Expenses. Each person, by acceptance of a deed, mortgage, trust deed, other evidence of obligation, or other instrument relating to a Lot, shall be deemed to grant a power coupled with an interest to the Managers, as attorney-in-fact, to grant, cancel, alter or otherwise change the easements provided for in this Section. Any instrument executed pursuant to the power granted herein shall be executed by the President and attested to by the Secretary of the Association and duly Recorded. 2.10 ASSOCIATION'S ACCESS: The Association shall have the right and power to come onto any portion of the Premises for the purpose of furnishing the services required to be furnished hereunder or enforcing its rights and powers hereunder. 2.11 NO DEDICATION TO PUBLIC USE: Except for easements granted or dedications made as permitted in Section 2.08 and 2.09, nothing contained in this Declaration shall be construed or be deemed to constitute a dedication, express or implied, of any part of the Community Area to or for any public use or purpose whatsoever. 2.12 EASEMENT FOR ENCROACHMENT: In the event that by reason of the construction, repair, reconstruction, settlement or shifting of an improvement to a Dwelling Unit, any improvement which is intended to service and/or be part of the Dwelling Unit shall encroach upon any part of any other Dwelling Unit or upon the Community Area, or any improvement to the Community Area shall encroach upon any part of a Dwelling Unit, then there shall be deemed to be an easement in favor of and appurtenant to such encroaching improvement for the continuance, maintenance, repair and replacement thereof; provided, however, that in no event shall an easement for any encroachment be created in favor of any Owner (other than Declarant), if such encroachment occurred due to the intentional, willful, or negligent conduct of such Owner or his agent. Without limiting the foregoing, the Owner of each Dwelling Unit shall have an easement appurtenant to his Dwelling Unit for the continuance, maintenance, repair and replacement of the following improvements, if any, which encroach onto another Dwelling Unit or the Community Area: (a) the eaves, gutters, downspouts, fascia, flashings, and like appendages which serve the Home on the Dwelling Unit; (b) the chimney which serves the Home on the Dwelling Unit; (c) the air conditioning equipment which serves the Home on the Dwelling Unit; or (d) balconies, steps, porches, door entries and patios which serve the Home on the Dwelling Unit. The Person who is responsible for the maintenance of any encroaching improvement for which an easement for continuance, maintenance, repair and replacement thereof is granted 33700\721-A\4891-4953-1336.v2 7 under this Section shall continue to be responsible for the maintenance of such encroaching improvement and the Person who is responsible for the maintenance of the real estate upon which such improvement encroaches shall not have the duty to maintain, repair or replace any such encroaching improvement unless otherwise provided in this Declaration. 2.13 OWNERSHIP OF COMMUNITY AREA: The Community Area shall be conveyed to the Association free of mortgages no later than the Turnover Date; however any Community Area which is made subject to this Declaration after the Turnover Date shall be conveyed to the Association free of mortgages no later than ninety (90) days after such Community Area is made subject to this Declaration. Notwithstanding the foregoing, portions of the Community Area which may be located on public right of way shall not be conveyed to the Association, but the foregoing shall not negate the Association’s obligation to maintain said Community Area. 2.14 REAL ESTATE TAXES FOR COMMUNITY AREA : If a tax bill is issued with respect to Community Area (which is not part of a Dwelling Unit) which is made subject to this Declaration in the middle of a tax year (regardless of when it is conveyed to the Association), then the tax bill shall be prorated so that the Declarant shall be responsible for the payment of that portion of the tax bill from January 1st of the tax year to the date that such Community Area is made subject to this Declaration, and the Association shall be responsible for the balance of the tax bill for such year, and for any subsequent years. ARTICLE THREE Maintenance/Services/Alterations 3.01 IN GENERAL: The restrictions and limitations contained in this Article shall be subject to the rights of the Declarant set forth in Article Nine. 3.02 MAINTENANCE BY ASSOCIATION: (a) The following maintenance, repairs and replacements shall be furnished by the Association as a Community Expense: (1) Grass cutting and added planting, replanting, care and maintenance of trees, shrubs, flowers, grass and all other landscaping on the Community Area; however, the watering of landscaping on the Community Area, may be required to be furnished by the Owners and/or Residents pursuant to rules, regulations and procedures adopted from time to time by the Managers; (2) Maintenance, repair and replacement of [any monument signs] and other improvements located on the Community Area; (3) Maintenance (including snow removal), repair and replacement of any private roads, driveways (inclusive of sealcoating on a schedule deemed appropriate by the Managers), parking lots or parking areas (inclusive of sealcoating on a schedule deemed appropriate by the Managers) and walkways located on the Community Area; and (4) [Maintenance, repair and replacement of cluster mailboxes located within or 33700\721-A\4891-4953-1336.v2 8 adjacent to dedicated rights of way in accordance with the design, material and color as originally constructed by Declarant;] and (5) To the extent not maintained by a utility company, maintenance, repair and replacement of the water sewer, electric, gas and other utility lines, including, without limitation, Private Water and Sewer Service Extensions, and components of air conditioning systems, if any, which (a) are located on the Premises, including, without limitation, those located in the Community Area and those which run under or through Homes and (b) serve more than one Home; and (6) Subject to 3.03(b), all maintenance (including periodic painting), repairs and replacement to the Home Exteriors. Repairs and replacements to a Home which are required due to occurrences which are normally covered by insurance required to be obtained by the Association under Section 4.04 shall be made as provided in Section 4.04. 3.03 MAINTENANCE BY OWNER: (a) Maintenance (other than periodic painting), repairs, and replacements of windows, doors (including storm and garage doors) and screening on a Home shall be the responsibility of the Owner of the Home; however, at the option of the Managers, such work may be furnished by the Association and the cost thereof charged to the Owner of the Home based on actual cost, as determined by the Managers in its reasonable judgment. (b) To the extent not maintained by a utility company, maintenance, repair and replacement of water, sewer, electric, gas and other utility lines, and components of the air conditioning system which serve only the Owner’s Home and are located on any portion of the Premises, including, without limitation, on the Community Area, under the Owner’s Home or other Homes, shall be the responsibility of the Owner of the Home served by such utility lines or air conditioning system. (c) If, in the judgment of the Managers, an Owner fails to maintain those portions of the Owner's Dwelling Unit which the Owner is responsible for maintaining hereunder in good condition and repair or the appearance of such portions is not of the quality of that of other Dwelling Units in the Development or in compliance with rules and regulations adopted by the Managers from time to time, then the Managers may, in its discretion, take the following action: (i) advise the Owner of the work which must be done and allow the Owner at least twenty (20) days (or less in the case of an emergency) to cause the work to be done; and (ii) if the work is not done to the satisfaction of the Managers, in its sole judgment, then the Managers may seek injunctive relief, levy a fine and/or cause such work to be done and the cost thereof shall be a Charge payable by the Owner to the Association upon demand. 3.04 CERTAIN UTILITY COSTS: Certain utility costs incurred in connection with the 33700\721-A\4891-4953-1336.v2 9 use, operation and maintenance of the Premises may not be separately metered and billed to the Association. If the cost for any such utility is metered and charged to individual Dwelling Units rather than being separately metered and charged to the Association, then the following shall apply: (a) If in the opinion of the Managers, each Owner is sharing in a fair and equitable manner the cost for such service, then no adjustment shall be made and each Owner shall pay his own bill; or (b) If in the opinion of the Managers, the Owner is being charged disproportionately for costs allocable to the Community Area or Home Exteriors, then the Association shall pay, or reimburse such Owner, an amount equal to the portion of the costs which in the reasonable determination of the Managers is properly allocable to the Community Area and Home Exteriors and the amount thereof shall be Community Expenses hereunder. Any determinations or allocations made hereunder by the Managers shall be final and binding on all parties. 3.05 DAMAGE BY RESIDENT: If, due to the act or omission of a Resident of a Dwelling Unit, or of a household pet or guest or other authorized occupant or invitee of an Owner, damage shall be caused to the Premises and maintenance, repairs or replacements shall be required thereby, which would otherwise be a Community Expense, then the Owner of the Dwelling Unit shall pay for such damage and such maintenance, repairs and replacements, as may be determined by the Managers, to the extent not covered by insurance carried by the Association. 3.06 ALTERATIONS, ADDITIONS OR IMPROVEMENTS TO THE COMMUNITY AREA: Subject to the provisions of Article Nine, no alterations, additions or improvements shall be made to the Community Area without the prior written consent of the Managers, and, until the Declarant no longer owns or controls title to any portion of the Development Area, the prior written consent of the Declarant, and, if required under applicable Municipality ordinances, the approval of the Municipality. The Association may cause alterations, additions or improvements to be made to the Community Area, and the cost thereof shall be paid from a special assessment, as more fully described in Section 6.05; except, that, any such alteration, addition or improvement which shall cost more than six (6) months assessments then in effect under the then current budget shall be approved in advance at a meeting of the Owners. 3.07 ALTERATIONS, ADDITIONS OR IMPROVEMENTS TO HOME EXTERIORS : No additions, alterations or improvements (including, without limitation, changes in the exterior color) shall be made to any Home Exterior by an Owner or Resident without the prior written consent of the Managers and compliance with applicable ordinances of the Municipality, provided that building additions to Home Exteriors by the Owners of Homes are expressly prohibited. Further, in no instance may attached garages be converted to habitable space, nor shall detached garages be permitted. The Managers may (but shall not be required to) condition its consent to the making of an addition, alteration or improvement to a Home Exterior which requires the consent of the Managers upon the Owner's agreement either (i) to be solely responsible for the maintenance of such addition, alteration or improvement, subject to such 33700\721-A\4891-4953-1336.v2 10 standards as the Managers may from time to time set, or (ii) if the addition, alteration or improvement is required to be maintained hereunder by the Association as part of the Community Expenses, to pay to the Association from time to time the additional cost of maintenance as a result of the addition, alteration or improvement. If an addition, alteration or improvement which requires Managers consent hereunder is made to a Home Exterior by an Owner without the prior written consent of the Managers, then the Managers may, in its discretion, take any of the following actions: (a) Require the Owner to remove the addition, alteration or improvement and restore the Home Exterior to its original condition, all at the Owner's expense; (b) If the Owner refuses or fails to properly perform the work required under (a), the Managers may cause such work to be done and may charge the Owner for the cost thereof as determined by the Managers; or (c) Ratify the action taken by the Owner, and the Managers may (but shall not be required to) condition such ratification upon the same conditions which it may impose upon the giving of its prior consent under this Section. 3.08 WASTE REMOVAL: [Each Resident shall be responsible for establishing an account and service with a private waste hauler which will be responsible for providing waste disposal service to the Resident’s Dwelling Unit. The cost thereof shall not be a Community Expense hereunder, and shall be billed directly to each Resident by said private waste hauler.] ARTICLE FOUR Insurance/Condemnation 4.01 ASSOCIATION INSURANCE: (a) The Association shall have the authority to and shall obtain comprehensive public liability insurance, including liability for injuries to and death of persons, and property damage, in such limits as it shall deem desirable, and workers compensation insurance and other liability insurance as it may deem desirable, insuring each Owner, the Association, its directors and officers, the Declarant, the managing agent, if any, and their respective employees and agents, as their interests may appear, from liability resulting from an occurrence on or in connection with, the Premises. The Managers may, in its discretion, obtain any other insurance which it deems advisable including, without limitation, insurance covering the directors and officers from liability for good faith actions beyond the scope of their respective authorities and covering the indemnity set forth in Section 5.06. Such insurance coverage shall include cross liability claims of one or more insured parties. (b) Fidelity bonds indemnifying the Association, the Managers and the Owners for loss of funds resulting from fraudulent or dishonest acts of any employee of the Association or of any other person handling funds of the Association may be obtained by the Association in such amounts as the Managers may deem desirable. (c) The premiums for any insurance obtained under this Section shall be Community Expenses. 33700\721-A\4891-4953-1336.v2 11 4.02 HOME INSURANCE/DAMAGE: (a) The Managers shall have the authority to and shall obtain what is currently commonly referred to as “bare wall” insurance for the Homes against loss or damage by fire and such other hazards as may be required under applicable requirements of Fannie Mae from time to time, as the Managers may deem desirable, or as reasonably required by First Mortgagees, for the full insurable replacement cost to restore a Home to its “bare walls” condition. Premiums for such insurance shall be Community Expenses. Such insurance coverage shall be written in the name of, losses under such policies shall be adjusted by, and the proceeds of such insurance shall be payable to, the Managers or the Association, as trustee for each of the Owners of Homes. All such policies of insurance (i) shall contain standard mortgage clause endorsements in favor of the First Mortgagees as their respective interests may appear, (ii) shall provide that the insurance shall not be invalidated by any act or neglect of any Owner, (iii) to the extent possible, shall provide that such policy shall not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least thirty (30) days' written notice to the Association and the First Mortgagee of each Home, and (iv) shall contain waivers of subrogation with respect to the Association and its Managers, directors, officers, employees and agents (including the managing agent), Owners, occupants of the Home, First Mortgagees, the Declarant and/or shall name all such parties as additional insured parties as their interests may appear. (b) The Managers may engage the services of any bank or trust company authorized to do trust business in Illinois to act as trustee, agent or depository on behalf of the Managers for the purpose of receiving and disbursing the insurance proceeds resulting from any loss, upon such terms as the Managers shall determine consistent with the provisions of this Declaration. The fees of such corporate trustee shall be Community Expenses. In the event of any loss in excess of $100,000.00 in the aggregate, the Managers shall engage a corporate trustee as aforesaid. In the event of any loss resulting in the destruction of the major portion of one or more Homes, the Managers shall engage a corporate trustee as aforesaid upon the written demand of the First Mortgagee or any Owner of any Home so destroyed. The rights of First Mortgagees under any standard mortgage clause endorsement to such policies shall, notwithstanding anything to the contrary therein contained, at all times be subject to the provisions of this Declaration with respect to the application of insurance proceeds to the repair or reconstruction of the Homes. Payment by an insurance company to the Managers or to such corporate trustee of the proceeds of any policy, and the receipt of a release from the Managers of the company's liability under such policy, shall constitute a full discharge of such insurance company, and such company shall be under no obligation to inquire into the terms of any trust under which proceeds may be held pursuant hereto, or to take notice of any standard mortgage clause endorsement inconsistent with the provisions hereof, or see to the application of any payments of the proceeds of any policy by the Managers or the corporate trustee. (c) Unless expressly advised to the contrary by the Managers, each Owner shall obtain his or her own insurance on the contents of the Owner’s Home and the fixtures, furnishings and personal property therein which are not covered by the insurance obtained by the Managers, through what is currently commonly referred to as an “HO-6 policy”, which shall include all items inside the primer on the drywall of the Owner’s Home, including, without limitation, floor coverings, wall coverings, ceiling coverings, built in cabinets, fixtures, appliances, air conditioning equipment, furnace/hot water heaters and sump and ejector pumps, regardless of 33700\721-A\4891-4953-1336.v2 12 from whom or when such items were acquired. Such HO-6 policy shall also include the Owner’s personal liability to the extent not covered by the liability insurance for the Owners obtained as part of the Community Expenses as above provided. The Managers shall have no obligation whatsoever to obtain any such HO-6 insurance coverage on behalf of an Owner. (d) Each Owner of a Home hereby waives and releases any and all claims which he may have against any other Owner, the Association, its directors and officers, the Declarant, the manager and the managing agent if any, and their respective employees and agents, for damage to the Home or to any personal property located in the Owner’s Home caused by fire or other casualty, to the extent that such damage is covered by fire or other form of casualty insurance, and to the extent this release is allowed by policies for such fire or other casualty insurance. (e) In the case of damage by fire or other disaster to any Home (a "Damaged Improvement") where the insurance proceeds are sufficient to repair or reconstruct the Damaged Improvement to the bare wall condition, then the proceeds shall be used by the Association to repair or reconstruct the Damaged Improvement to its bare wall condition. (f) In the case of damage by fire or other disaster to any Home or building which contains Homes where the insurance proceeds are insufficient to repair or reconstruct the Damaged Improvement to its bare wall condition or the Damaged Improvement cannot be reconstructed as originally designed and built because of zoning, building or other applicable laws, ordinances or regulations, the following procedure shall be followed: (1) A meeting of the Owners of Homes shall be held not later than the first to occur of (i) the expiration of thirty (30) days after the final adjustment of the insurance claims or (ii) the expiration of ninety (90) days after the occurrence which caused the damage. (2) At the meeting at which a quorum of at least 20% of the Homes are represented, the Managers shall present a plan for the repair or reconstruction of the Damaged Improvement and an estimate of the cost of repair or reconstruction, together with an estimate of the amount thereof which must be raised by way of special assessment to be levied against all Homes and a proposed schedule for the collection of a special assessment to pay the excess cost. (3) A vote shall then be taken on the question of whether or not the Damaged Improvement shall be repaired or reconstructed based on the information provided by the Managers under (2) above, including the proposed special assessment. The Damaged Improvement shall be repaired or reconstructed and the proposed special assessment shall be levied only upon the affirmative vote of Voting Members representing at least two- thirds (2/3rds) of the votes cast by Voting Members representing Homes at such meeting. (4) If the Voting Members do not vote to repair or reconstruct the Damaged Improvement at the meeting provided for in (1) and (2) above or if a quorum is not present at such meeting, then the Managers may, at its discretion, call another meeting or meetings of the Owners of Homes to consider or reconsider, as applicable, the question of whether or not the Damaged Improvement shall be repaired or reconstructed. 33700\721-A\4891-4953-1336.v2 13 (5) If the Voting Members representing Homes do not vote to repair or reconstruct the Damaged Improvement under Subsection (4) above, then the Managers may, with the consent of the Owners representing 75% of the Homes in the damaged building and First Mortgagees representing 75% of the Homes subject to Mortgages in the damaged building, amend this Declaration to withdraw the Lot which includes the Damaged Improvement from the terms hereof (except as provided below). The payment of just compensation, or the allocation of any insurance or other proceeds to any withdrawing or remaining Owner of a Home shall be made to such Owner and his First Mortgagee, as their interests may appear, on an equitable basis, determined by the Managers. From and after the effective date of the amendment referred to above in this paragraph, the Owners of Homes located on the Lot which is withdrawn shall have no responsibility for the payment of assessments which would have been payable with respect to the Homes if the amendment had not been Recorded; provided, that, the Lot shall continue to be subject to the provisions of Section 3.07 hereof and upon issuance of an occupancy permit for a building constructed on a Lot removed from the terms hereof as provided above, the Lot shall thereupon be subject to the terms hereof and the home to be constructed thereon shall become a Home hereunder. (g) If the Damaged Improvement is repaired or reconstructed, it shall be done in a workmanlike manner and the Damaged Improvement, as repaired or reconstructed, shall be substantially similar in design and construction to the improvements on the Lot as they existed prior to the damage, with any variations or modifications required to comply with applicable law. (h) If the Damaged Improvement is not repaired or reconstructed, then the damaged portion of the building shall be razed, or secured and otherwise maintained in conformance with the rules or standards adopted from time to time by the Managers. Any reconstruction of the building shall be subject to the provisions of Section 3.07. 4.03 OWNER RESPONSIBILITY: In addition to the coverage described in Section 4.02 above with respect to his Home, each Owner shall obtain his own personal liability insurance to the extent not covered by the liability insurance for all of the Owners obtained as part of the Community Expenses as above provided, and the Managers shall have no obligation whatsoever to obtain any such individual insurance coverage on behalf of the Owners. 4.04 WAIVER OF SUBROGATION: The Association and each Owner hereby waives and releases any and all claims which it or he may have against any Owner, including relatives of an Owner, the Association, its directors and officers, Declarant, the managing agent, if any, and their respective employees and agents, for damage to the Homes, the Community Area, or to any personal property located in or on the Homes, or the Community Area caused by fire or other casualty, to the extent that such damage is covered by fire or other forms of casualty insurance, and to the extent this release is allowed by policies for such insurance. To the extent possible, all policies secured by the Managers under Sections 4.01(a) and (b) shall contain waivers of the insurer's rights to subrogation against any Owner, relatives of an Owner, the Association, its directors and officers, the Declarant, the managing agent, if any, and their respective employees and agents. 4.05 CONDEMNATION: In the case of a taking or condemnation by competent authority of any part of the Community Area, the proceeds awarded in such condemnation shall 33700\721-A\4891-4953-1336.v2 14 be paid to the Association and such proceeds, together with any Capital Reserve being held for such part of the Community Area, shall, in the discretion of the Managers, either (i) be applied to pay the Community Expenses, (ii) be distributed to the Owners and their respective mortgagees, as their interests may appear, in equal shares for each Dwelling Unit, or (iii) be used to acquire additional real estate to be used and maintained for the mutual benefit of all Owners, as Community Area. Any acquisition by the Association pursuant to this Section of real estate which shall become Community Area hereunder shall not become effective unless and until a supplement to this Declaration, which refers to this Section and legally describes the real estate affected, is executed by the President of the Association and Recorded. ARTICLE FIVE The Association 5.01 IN GENERAL: Declarant has caused or shall cause the Association to be organized as a limited liability company under Illinois law. The Association shall be the governing body for all of the Owners for the administration and operation of the Premises and the maintenance, repair and replacement of the Community Area and Home Exteriors as more fully provided herein. 5.02 MEMBERSHIP: Each Owner shall be a member of the Association. There shall be one membership for each Dwelling Unit. There shall be two classes of membership. The Declarant shall be the “Class B Member” with respect to each Dwelling Unit which it owns from time to time. Each Owner other than the Declarant shall be a “Class A Member” with respect to each Dwelling Unit which the Owner owns. Membership shall be appurtenant to and may not be separated from ownership of a Dwelling Unit. Ownership of a Dwelling Unit shall be the sole qualification for membership. 5.03 VOTING MEMBERS: Subject to the provisions of Section 9.05, voting rights of the members of the Association shall be vested exclusively in the Voting Members. One individual shall be designated as the "Voting Member" for each Dwelling Unit owned by an Owner other than Declarant. The Declarant shall appoint a Voting Member for the Dwelling Units owned by Declarant. The Voting Member or his or her proxy shall be the individual who shall be entitled to vote at meetings of the Owners. If the Record ownership of a Dwelling Unit shall be in more than one person, or if an Owner is a trustee, corporation, partnership or other legal entity, then the Voting Member for the Dwelling Unit shall be designated by such Owner or Owners in writing to the Managers and, if in the case of multiple individual Owners no designation is given, then the Managers at its election may recognize an individual Owner as the Voting Member for such Dwelling Unit. 5.04 MANAGERS: Prior to the Turnover Date, the Managers shall be the Declarant, or one or more entities or persons designated by the Declarant from time to time, who need not be Owners or Voting Members. After the Turnover Date, the Managers shall consist of that number of individuals provided for in the Operating Agreement, each of whom shall be an Owner or Voting Member. 5.05 VOTING RIGHTS: Prior to the Turnover Date, all of the voting rights at each meeting of the Association shall be vested exclusively in the Declarant and the Owners (other than the Declarant) shall have no voting rights. From and after the Turnover Date, all of the 33700\721-A\4891-4953-1336.v2 15 voting rights at any meeting of the Association shall be vested in the Voting Members, and (a) each Voting Member who represents a Class A Member shall have one vote for each Dwelling Unit which the Voting Member represents and (b) each Voting Member who represents the Class B Member shall have ten (10) votes for each Dwelling Unit which the Voting Member represents. From and after the Turnover Date any action may be taken by the Voting Members at any meeting at which a quorum is present (as provided in the Operating Agreement) upon an affirmative vote of a majority of the votes cast by the Voting Members present at such meeting. 5.06 MANAGERS LIABILITY: None of the Managers or the officers of the Association shall be personally liable to the Owners or the Association for any mistake of judgment or for any other acts or omissions of any nature whatsoever as such directors and officers except for any acts or omissions found by a court to constitute criminal conduct, gross negligence or fraud. The Association shall indemnify and hold harmless the Declarant and each of the Managers, and officers, his heirs, executors or administrators, against all contractual and other liabilities to the Owners, the Association or others arising out of contracts made by or other acts of the directors and officers on behalf of the Owners or the Association or arising out of their status as directors or officers unless any such contract or act shall have been made criminally, fraudulently or with gross negligence. It is intended that the foregoing indemnification shall include indemnification against all costs and expenses (including, but not limited to, counsel fees, amounts of judgments paid and amounts paid in settlement) actually and reasonably incurred in connection with the defense of any claim, action, suit or proceeding, whether civil, criminal, administrative, or other in which any such indemnified party may be involved by virtue of such person being or having been such Managers provided, however, that such indemnity shall not be operative with respect to (i) any matter as to which such person shall have been finally adjudged in such action, suit or proceeding to be liable for criminal conduct, gross negligence or fraud in the performance of his duties, or (ii) any matter settled or compromised, unless, in the opinion of independent counsel selected by or in a manner determined by the Managers, there is not reasonable ground for such person being adjudged liable for criminal conduct, gross negligence or fraud in the performance of his duties as such Manager. 5.07 ENGAGEMENT OF MANAGING AGENT: Any management agreement entered into by the Association prior to the Turnover Date shall have a term of not more than two years and shall be terminable by the Association without payment of a termination fee on ninety (90) days written notice. 5.08 REPRESENTATION: The Association shall have the power and right to represent the interests of all of the Owners in connection with claims and disputes affecting the Community Area and Home Exteriors. Without limiting the foregoing, the Association shall have the power after the Turnover Date to settle warranty disputes or other disputes between the Association, the Owners, and the Declarant affecting the construction, use or enjoyment of the Community Area and the Home Exteriors and any such settlement shall be final and shall bind all of the Owners. 5.09 DISSOLUTION: To the extent permissible under applicable law, in the event of the dissolution of the Association, any Community Area owned by the Association shall be conveyed to the Owners of Dwelling Units as tenants in common. 33700\721-A\4891-4953-1336.v2 16 5.10 LITIGATION: No judicial or administrative proceedings shall be commenced or prosecuted by the Association without first holding a special meeting of the members and obtaining the affirmative vote of Voting Members representing at least seventy-five percent (75%) of the votes represented by the Voting Members to the commencement and prosecution of the proposed action. This Section shall not apply to (a) actions brought by the Association to enforce the provisions of this Declaration, the Operating Agreement or rules and regulations adopted by the Managers (including, without limitation, an action to recover Charges or to foreclose a lien for unpaid Charges) or (b) counterclaims brought by the Association in proceedings instituted against it. 5.11 CONVERSION/MERGER: Prior to the Turnover Date, the Declarant, or after the Turnover Date, the Managers shall have the right, power and authority to convert the Association from an Illinois Limited Liability Company to an Illinois Not for Profit Corporation (“NFP Conversion”), as permitted under applicable laws of the State of Illinois, as amended from time to time (“IL Law”). In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to the Declarant and/or the Managers, as applicable, to make, consent to, and execute such documents as may be required under Illinois Law on behalf of each Owner and the Association. Each deed, mortgage, trust deed, other evidence of obligation, or other instrument affecting a Dwelling Unit and the acceptance thereof shall be deemed to be a grant and acknowledgment of, and a consent to the reservation of, the power of the Declarant and/or the Managers to make, consent to, and execute the NFP Conversion and take such other actions as the Declarant and/or the Managers deem necessary or appropriate to carry out the intent of the NFP Conversion, including, without limitation, adopting By-Laws for the Association to replace the Operating Agreement. ARTICLE SIX Assessments 6.01 PURPOSE OF ASSESSMENTS: The assessments levied by the Association shall be exclusively for the purposes of administering the affairs of the Association, paying the Community Expenses, and accumulating reserves for any such expenses. 6.02 ASSESSMENTS: Each year on or before December 1, the Managers shall adopt and furnish each Owner with a budget for the ensuing capital year, which shall show the following with reasonable explanations and itemizations: (a) The estimated Community Expenses; (b) The estimated amount, if any, to maintain adequate reserves for Community Expenses; (c) The estimated net available cash receipts from sources other than assessments, including, without limitation, receipts from any leases, licenses or concessions; (d) The amount of the "Community Assessment" payable by the Owners of Dwelling Units, which is hereby defined as the amount determined in (a) above, plus the amount in (b) above, minus the amount determined in (c) above; 33700\721-A\4891-4953-1336.v2 17 (e) That portion of the Community Assessment which shall be payable by the Owner of each Dwelling Unit each month until the next Community Assessment or revised Community Assessment becomes effective, which monthly amount shall be equal to the Community Assessment, divided by the number of Dwelling Units, divided by 12, so that each Owner shall pay equal Community Assessments for each Dwelling Unit owned; Anything herein to the contrary notwithstanding the following provisions shall apply with respect to the period prior to the Turnover Date. Any budget (“Stabilized Budget”) prepared prior to the Turnover Date shall be based on the assumptions that (i) the Development has been fully constructed as shown on Declarant's then current plan for the Development (“Declarant’s Development Plan”) and (ii) all proposed Dwelling Units have been built, sold and are occupied. The Declarant’s Development Plan shall be kept on file with the Association and may be modified from time to time by Declarant. Prior to the Turnover Date, (i) each Owner (other than the Declarant) shall pay as the Owner’s monthly share of the Community Assessment an amount equal to the budgeted Community Expenses as shown on the Stabilized Budget divided by the number of planned Dwelling Units as shown on the Declarant’s Development Plan, divided by 12 so that each Owner (other than Declarant) will pay, with respect to each Dwelling Unit owned by the Owner, a monthly Community Assessment equal to what the Owner would be paying if the Development were fully constructed pursuant to the Declarant’s Development Plan and all proposed Dwelling Units have been built and are occupied. Declarant shall not be obligated to pay any Community Assessments to the Association prior to the Turnover Date. However, if with respect to the period commencing on the date of the Recording of this Declaration and ending on the Turnover Date, the amount of Community Assessments plus working capital contributions to the Association under Section 6.07(b)(i) payable by Owners (other than Declarant) less the portions thereof which are to be added to Reserves is less than the Community Expenses actually incurred with respect to such period, then the Declarant shall pay the difference to the Association. From time to time prior to the Turnover Date, the Declarant may (but shall not be obligated to) advance to the Association funds to be used by the Association to pay its expenses (“Advanced Funds”). A final accounting and settlement of the amount, if any, owed by Declarant to the Association shall be made as soon as practicable after the Turnover Date. If, and to the extent that, the final accounting determines that the Advanced Funds, if any, are less than the amount owed by the Declarant to the Association pursuant to this Section, the Declarant shall pay the difference to the Association. If, and to the extent that, the final accounting determines that the Advanced Funds, if any, exceed the amount owed by the Declarant to the Association pursuant to this Section, then the Association shall pay such excess to the Declarant. 6.03 PAYMENT OF ASSESSMENT: On or before the 1st day of January of the ensuing calendar year, and on the first day of each month thereafter until the effective date of the next annual or revised Community Assessment, each Owner of a Dwelling Unit (other than Declarant prior to the Turnover Date) for which a temporary, conditional or final certificate of occupancy has been issued by the Municipality shall pay to the Association, or as the Managers may direct, that portion of the Community Assessment, which is payable by each Owner of a Dwelling Unit under Section 6.02. 6.04 REVISED ASSESSMENT: If the Community Assessment proves inadequate for 33700\721-A\4891-4953-1336.v2 18 any reason (including nonpayment of any Owner's assessment) or proves to exceed funds reasonably needed, then the Managers may increase or decrease the assessments payable under Section 6.02 by giving written notice thereof (together with a revised budget and explanation for the adjustment) to each Owner not less than ten (10) days prior to the effective date of the revised assessment. 6.05 SPECIAL ASSESSMENT: The Managers may levy a special assessment as provided in this Section (i) to pay (or build up reserves to pay) expenses other than Community Expenses incurred (or to be incurred) by the Association from time to time for a specific purpose including, without limitation, to make alterations, additions or improvements to the Community Area or any other property owned or maintained by the Association; or (ii) to cover an unanticipated deficit under the prior year's budget. Any special assessment shall be levied against all of Dwelling Units in equal shares. No special assessment shall be adopted without the affirmative vote Voting Members representing at least two-thirds (2/3) of the votes cast on the question. The Managers shall serve notice of a special assessment on all Owners by a statement in writing giving the specific purpose and reasons therefor in reasonable detail, and the special assessment shall be payable in such manner and on such terms as shall be fixed by the Managers. Any assessments collected pursuant to this Section (other than those to cover an unanticipated deficit under the prior year's budget) shall be segregated in a special account and used only for the specific purpose set forth in the notice of assessment. 6.06 CAPITAL RESERVE: The Association shall segregate and maintain a special reserve account (the "Capital Reserve") to be used solely for making capital expenditures in connection with the repair and replacement of the following “Reserve Items”: (i) improvements located on the Community Area, including without limitation any private roads located on the Community Area; (ii) driveways, walkways and other improvements located on the Community Area; (iii) Home Exteriors; and (iv) Private Water and Sewer Service Extensions. The Managers shall determine the appropriate level of the Capital Reserve based on a periodic review of the useful life of improvements to the Reserve Items and other property owned by the Association and periodic projections of the cost of anticipated major repairs or replacements to the Reserve Items and the purchase of other property to be used by the Association in connection with its duties hereunder. The Capital Reserve may be built up by separate or special assessments or out of the Community Assessment. Special accounts set up for portions of the Capital Reserve to be used to make capital expenditures with respect to the Reserve Items shall be held by the Association as agent and trustee for the Owners of Dwelling Units with respect to which the Capital Reserve is held and such accounts shall be deemed to have been funded by capital contributions to the Association by the Owners. The budgets which will be adopted from time to time by the Managers appointed by the Declarant prior to the Turnover Date shall include reserve buildups which the Managers deems to be appropriate based on information available to the Managers. Managers elected by the Owners after the Turnover Date may use different approaches from those used by Managers appointed by the Declarant for the buildup of reserves or may choose not to provide for the buildup of reserves for certain capital expenditures or deferred maintenance for repairs or replacements of the Reserve Items. If the Managers choose not to provide for the buildup of reserves for a particular anticipated expenditure or if the buildup of reserves that the Managers does provide for in its budgets does not result in sufficient funds to pay for the expenditure when the expenditure must be made, then (i) neither the Managers nor any of its past or present members shall be liable to the Association or the Owners for failing to provide for sufficient reserves and (ii) the Managers shall have the right and power to either levy 33700\721-A\4891-4953-1336.v2 19 a separate or special assessment to raise the funds to pay the expenditure or to borrow funds to pay the expenditure and repay the borrowed funds out of future Community Assessments, separate assessments or special assessment. 6.07 INITIAL CAPITAL CONTRIBUTION: (a) Upon the closing of the first sale of any Dwelling Unit by the Declarant to a purchaser for value, the purchasing Owner shall make a capital contribution to the Association in the amount of One Thousand Dollars ($1,000.00). (b) The payments made pursuant to (a) above shall be paid to the Association to be held and used by the Association for its working capital needs. 6.08 PAYMENT OF ASSESSMENTS: Assessments levied by the Association shall be collected from each Owner by the Association and shall be a lien on the Owner's Dwelling Unit and also shall be a personal obligation of the Owner in favor of the Association, all as more fully set forth in Article Seven. Any advance assessment payment made hereunder shall be applied as an advance payment of assessments with respect to such period; however, if assessments increase during such period the Owner of the Dwelling Unit shall be required to pay the amount of the increase. ARTICLE SEVEN Collection of Charges and Remedies for Breach or Violation 7.01 CREATION OF LIEN AND PERSONAL OBLIGATION: The Declarant hereby covenants, and each Owner of a Dwelling Unit by acceptance of a deed therefor (whether or not it shall be so expressed in any such deed or other conveyance) shall be and is deemed to covenant and hereby agrees to pay to the Association all Charges made with respect to the Owner or the Owner's Dwelling Unit, as applicable. Each Charge, together with interest thereon and reasonable costs of collection, if any, as hereinafter provided, shall be a continuing lien upon the Dwelling Unit against which such Charge is made and also shall be the personal obligation of the Owner of the Dwelling Unit at the time when the Charge becomes due. The lien or personal obligation created under this Section shall be in favor of and shall be enforceable by the Association. 7.02 COLLECTION OF CHARGES: The Association shall collect from each Owner all Charges payable by such Owner under this Declaration. 7.03 NON-PAYMENT OF CHARGES: Any Charge which is not paid to the Association when due shall be deemed delinquent. Any Charge which is delinquent for thirty (30) days or more shall bear interest at the rate of 10 % per annum from the due date to the date when paid. The Association may (i) bring an action against the Owner personally obligated to pay the Charge to recover the Charge (together with interest, costs and reasonable attorney's fees for any such action, which shall be added to the amount of the Charge and included in any judgment rendered in such action), and (ii) enforce and foreclose any lien which it has or which may exist for its benefit. In addition, the Managers may add a reasonable late fee to any installment of an assessment which is not paid within thirty (30) days of its due date. No Owner may waive or otherwise escape personal liability for the Charges hereunder by nonuse of the 33700\721-A\4891-4953-1336.v2 20 Community Area or by abandonment or transfer of his Dwelling Unit. 7.04 LIEN FOR CHARGES SUBORDINATED TO MORTGAGES: The lien for Charges, provided for in Section 7.01, shall be subordinate to the First Mortgagee's mortgage on the Dwelling Unit which was Recorded prior to the date that any such Charge became due. Except as hereinafter provided, the lien for Charges, provided for in Section 7.01, shall not be affected by any sale or transfer of a Dwelling Unit. Where title to a Dwelling Unit is transferred pursuant to a decree of foreclosure of the First Mortgagee's mortgage or by deed or assignment in lieu of foreclosure of the First Mortgagee's mortgage, such transfer of title shall extinguish the lien for unpaid Charges which became due prior to the date of the transfer of title. However, the transferee of the Dwelling Unit shall be personally liable for his share of the Charges with respect to which a lien against his Dwelling Unit has been extinguished pursuant to the preceding sentence where such Charges are reallocated among all the applicable Owners pursuant to a subsequently adopted annual or revised Community Assessment or special assessment, and non- payment thereof shall result in a lien against the transferee's Dwelling Unit, as provided in this Article. 7.05 SELF-HELP BY MANAGERS: In the event of a violation or breach by an Owner of the provisions, covenants or restrictions of the Declaration, the Operating Agreement, or rules or regulations of the Managers, where such violation or breach may be cured or abated by affirmative action, then the Managers, upon not less than ten (10) days' prior written notice to the Owner, shall have the right to enter upon that part of the Premises where the violation or breach exists to remove or rectify the violation or breach. 7.06 OTHER REMEDIES OF THE MANAGERS: In addition to or in conjunction with the remedies set forth above, to enforce any of the provisions contained in this Declaration or any rules and regulations adopted hereunder, the Managers may levy a fine or the Managers may bring an action at law or in equity in the name of the Association against any person or persons violating or attempting to violate any such provision, either to restrain such violation, require performance thereof, to recover sums due or payable (including fines) or to recover damages, and against the Dwelling Unit to enforce any lien created hereunder; and failure by the Association to enforce any provision shall in no event be deemed a waiver of the right to do so thereafter. 7.07 COSTS AND EXPENSES: All costs and expenses incurred by the Managers in connection with any action, proceedings or self-help in connection with exercise of its rights and remedies under this Article, including, without limitation, court costs, attorneys' fees and all other fees and expenses, and all damages, liquidated or otherwise, together with interest thereon at the rate of 10% per annum, until paid, shall be charged to and assessed against the defaulting Owner, and the Association shall have a lien for all the same, upon his Dwelling Unit as provided in Section 7.01. 7.08 ENFORCEMENT BY OWNERS: Enforcement of the provisions contained in this Declaration and the rules and regulations adopted hereunder may be by any proceeding at law or in equity by any aggrieved Owner against any person or persons violating or attempting to violate any such provisions, either to restrain such violation or to recover damages, and against a Dwelling Unit to enforce any lien created hereunder. 33700\721-A\4891-4953-1336.v2 21 7.09 ENFORCEMENT BY MUNICIPALITY: The Municipality is hereby granted the right, but shall not be obligated, to enforce covenants and obligations of the Association or the Owners hereunder. If the Association or one or more Owners fail to comply with any covenants and obligations hereunder, the Municipality shall have the right (but shall not be obligated) to give notice to the Association or the offending Owner of the Owner’s failure to perform the Owner’s obligations. If such notice is given and the Association or the offending Owner or Owners do not perform to the reasonable satisfaction of the Municipality within thirty (30) days after the giving of such notice, then the Municipality may (but shall not be obligated to) enter upon the Premises and perform any and all work which it deems necessary and appropriate, either directly or through contractors engaged by the Municipality. The Association or the offending Owner or Owners shall, upon demand, reimburse the Municipality for the reasonable cost of such work, and if payment is not made within thirty (30) days after demand, then the amount due, plus reasonable costs of collection, including reasonable attorneys’ fees, shall become a lien on the property of the offending Owner or Owners or, in the case of the Association, the property of the Association, effective as of the date on which such work was completed; provided, however, that such lien shall be subordinate to the lien of any first mortgage on a Dwelling Unit Recorded prior to the date on which any such cost becomes a lien against the Dwelling Unit as provided above. 7.10 BACKUP SPECIAL SERVICE AREA: The Municipality may establish one or more Backup Special Service Areas to give the Municipality the power to levy taxes to pay the cost of furnishing any or all maintenance, repairs and replacements required to be furnished by the Association hereunder if the Association fails to do so and the Municipality chooses to furnish such services. ARTICLE EIGHT Use Restrictions 8.01 INDUSTRY/SIGNS: No industry, business, trade, occupation or profession of any kind shall be conducted, maintained or permitted on any part of the Community Area nor shall any "For Sale" or "For Rent" signs or any other advertising be maintained or permitted on any part of the Premises, except as permitted by the Managers or as permitted under Article Nine. 8.02 UNSIGHTLY USES: No clothes, sheets, blankets, laundry of any kind or other articles shall be hung out on any portion of the Premises. The Premises shall be kept free and clear of all rubbish, debris and other unsightly materials and no waste shall be committed thereon. All rubbish and refuse shall be deposited in such areas and in such receptacles as shall be designated from time to time by the Managers or the Municipality. 8.03 SATELLITE DISHES/ANTENNAS: Subject to applicable federal, state or local laws, ordinances or regulations, no television antenna, radio receiver or transmitter, satellite dish or other similar device shall be attached to or installed on any portion of any Premises without the approval of the Managers; provided, that a satellite dish of less than twenty-four (24) inches in diameter may be installed in the rear or side yard of a Home or on the roof of a Home as long as it is not visible from the front of the Home. Without limiting the foregoing, the provisions of this paragraph shall not apply to the Association with respect to the installation of equipment necessary for a master antenna system, cable television system or other similar systems within the Premises. 33700\721-A\4891-4953-1336.v2 22 8.04 RESIDENTIAL USE ONLY: Each Dwelling Unit shall be used only as a residence; provided that no Owner shall be precluded, with respect to his Dwelling Unit, from (i) maintaining a personal professional library, (ii) keeping his personal business records or accounts therein or (iii) handling his personal business or professional calls or correspondence therefrom. Notwithstanding the foregoing, to the extent permitted under applicable laws and ordinances, a Resident may conduct an in-home business in a Dwelling Unit. 8.05 PARKING: No commercial vehicle, recreational vehicle, snowmobile, motorcycle or other motorized vehicle and no boat, trailer, hitch or other similar personal property shall at any time be parked or stored on any portion of the Premises other than on a driveway or in a garage with the garage door closed. Unless otherwise specifically permitted by the Managers or pursuant to rules and regulations adopted by the Managers, a driveway serving a Dwelling Unit may only be used to park (i) no more than one commercial vehicle which does not exceed a “Class B” license plate definition, per Illinois Vehicle Code, provided that said commercial vehicle may not encroach over the sidewalk, alley way or street curb adjacent to said driveway, (ii) recreational vehicles, snowmobiles, boats, trailers, hitches or other similar personal property for a period not to exceed 48 hours at a time, and (iii) operable automobiles. 8.06 PETS: No animal of any kind shall be raised, bred or kept in the Community Area. The Managers may from time to time adopt rules and regulations governing (a) the keeping of pets in a Home, which may include prohibiting certain species of pets from being kept in a Home, and (b) the use of the Community Area by pets, including, without limitation, rules and regulations which require an Owner to clean up after his pet. Any pet causing or creating a nuisance or unreasonable disturbance shall be permanently removed from the Premises upon three (3) days written notice from the Managers to the Owner of the Home containing such pet and the decision of the Managers shall be final. 8.07 NO NUISANCE: No noxious, offensive or illegal activity shall be carried on in the Premises nor shall anything be done therein, either willfully or negligently, which may be or become an annoyance or nuisance to the Residents. 8.08 RULES AND REGULATIONS: The use, occupancy and enjoyment of the Community Area and Dwelling Units shall at all times be subject to reasonable rules and regulations adopted from time to time by the Managers. 8.09 FENCING: No fence of any type shall be permitted on any Dwelling Units. 8.10 SHEDS: Sheds and other accessory structures are prohibited on Dwelling Units. 8.11 WATERING: The Managers may adopt rules and regulations governing the watering of grass, shrubs, trees and other foliage on the Community Area. Without limiting the foregoing, the Managers may require the Owner of a particular Dwelling Unit to be responsible for watering specific portions of the Premises as designated from time to time by the Managers. 8.12 POOLS: No swimming pool of any type shall be permitted on any Dwelling Units or on any Community Area. 33700\721-A\4891-4953-1336.v2 23 ARTICLE NINE Declarant's Reserved Rights and Special Provisions Covering Development Period 9.01 IN GENERAL: In addition to any rights or powers reserved to the Declarant under the provisions of this Declaration or the Operating Agreement, the Declarant shall have the rights and powers set forth in this Article. Anything in this Declaration or the Operating Agreement to the contrary notwithstanding, the provisions set forth in this Article shall govern. Except as otherwise provided in this Article, the rights reserved to the Declarant in this Article shall terminate at such time as the Declarant is no longer vested with or in control of title to any portion of the Development Area. 9.02 PROMOTION OF PROJECT: The Declarant shall have the right and power, within its sole discretion, to (i) construct such temporary or permanent improvements, or to do such acts or other things in, on, or to the Premises as the Declarant may, from time to time, determine to be necessary or advisable, (ii) construct and maintain model homes, sales or leasing offices, parking areas, advertising signs, lighting and banners, or other promotional facilities at such locations and in such forms as the Declarant may deem advisable and to use such model homes (including model homes which are sold by and leased back to the Declarant), sales or leasing offices or other facilities for the purpose of selling or leasing Dwelling Units on the Premises or at other properties in the general location of the Premises which are being offered for sale by the Declarant or any of its affiliates, without the payment of any fee or charge whatsoever to the Association. Declarant, its agents, prospective purchasers and tenants, shall have the right of ingress, egress and parking in and through, and the right to use and enjoy the Community Area, at any and all reasonable times without fee or charge. The Declarant shall have the right and power to lease any home owned by it to any person or entity which it deems appropriate in its sole discretion. 9.03 CONSTRUCTION ON PREMISES: In connection with the construction of improvements to any part of the Premises, the Declarant, its agents and contractors, shall have the right, at the Declarant's own expense, (but shall not be obligated) to make such alterations, additions or improvements to any part of the Premises including, without limitation, the construction, reconstruction or alteration of any temporary or permanent improvements to any structure which shall contain Dwelling Units or to the Community Area which the Declarant deems, in its sole discretion, to be necessary or advisable, and the landscaping, sodding or planting and replanting of any unimproved portions of the Premises. In connection with the rights provided in the preceding sentence, the Declarant, its agents and contractors, shall have the right of ingress, egress and parking on the Premises and the right to store dirt, construction equipment and materials on the Premises without the payment of any fee or charge whatsoever. 9.04 GRANT OF EASEMENTS AND DEDICATIONS: Declarant shall have the right to dedicate portions of the Community Area to the Municipality or to any other governmental authority which has jurisdiction over such portions. Declarant shall also have the right to reserve or grant easements over the Community Area to any governmental authority, public utility or private utility for the installation and maintenance of electrical and telephone conduit and lines, gas, sewer or water lines, or any other utility services serving any Dwelling Unit. 9.05 DECLARANT CONTROL OF ASSOCIATION: Prior to the Turnover Date, the 33700\721-A\4891-4953-1336.v2 24 Managers shall be the Declarant, or one or more entities or persons designated by Declarant from time to time who need not be Owners or Voting Members. Initially the Declarant shall be the sole Manager. Declarant's rights under this Section to manage the affairs of the Association or designate the Managers, shall terminate on the first to occur of (i) such time as Declarant no longer holds or controls title to any part of the Development Area, (ii) the giving of written notice by Declarant to the Association of Declarant's election to terminate such rights, (iii) ten (10) years from the date of Recording hereof or (iv) at such time as required by applicable law. The date on which the Declarant's rights under this Section shall terminate shall be referred to as the "Turnover Date". The Declarant may appoint Owners (other than representatives of the Declarant) from time to time to be and act as non-voting counselors to the Managers. From and after the Turnover Date, the Managers shall be constituted and elected as provided in the Operating Agreement. Prior to the Turnover Date all voting rights at each meeting of the Owners shall be vested exclusively in the Declarant and the Owners (other than Declarant) shall have no voting rights. 9.06 OTHER RIGHTS: The Declarant shall have the right and power to execute all documents and do all other acts and things affecting the Premises which, in Declarant's opinion, are necessary or desirable in connection with the rights of Declarant under this Declaration. 9.07 ASSIGNMENT BY DECLARANT: All rights which are specified in this Declaration to be rights of the Declarant are mortgageable, pledgeable, assignable or transferable in whole or in part. Any successor to, or assignee of, the rights of the Declarant hereunder (whether as the result of voluntary assignment, foreclosure, assignment in lieu of foreclosure, or otherwise) shall hold or be entitled to exercise the rights of Declarant hereunder as fully as if named as such party herein. No such successor assignee of the rights of Declarant hereunder shall have or incur any liability for the acts of any other party which previously exercised or subsequently shall exercise such rights. 9.08 DESIGN AND MAINTENANCE CONTROLS: (a) The Declarant shall have the right and power from time to time to adopt reasonable rules, regulations, guidelines, and standards governing the design and exterior finish (including color) of all improvements or landscaping from time to time constructed, installed or proposed to be constructed, installed or modified on the Premises. Without limiting the foregoing, no earthmoving, filling, dredging, grading, excavating, installation of landscaping, alteration of landscaping, construction of a building, driveway, walkway, signs or other advertising or promotional devices or any other temporary or permanent improvement to any portion of the Premises or any modification, alteration, renovation, addition or removal of any of the foregoing, including change of exterior color (“Regulated Work”) shall be commenced or maintained with respect to any portion of the Premises without the prior written consent of the Declarant to the plans therefor, which consent may be granted or withheld in Declarant’s sole and absolute discretion. The Declarant reserves the right and power to promulgate and amend from time to time standards, policies, procedures and guidelines in order to implement the foregoing. If any Regulated Work which requires Declarant approval as provided above is commenced without obtaining the required written consent of the Declarant, then the Declarant may seek any remedy or take any action provided for herein or permitted at law or in equity in order to enforce the provisions hereof, including injunctive relief to stop work and/or restore the portion of the Premises to its condition prior to the commencement of the work. Declarant’s decision to 33700\721-A\4891-4953-1336.v2 25 approve or disapprove Regulated Work in one instance shall not in any way create or establish a precedent for how the Declarant must respond to a request for Regulated Work subsequently made, it being understood that circumstances, situations and standards may change and the Declarant reserves the right and power to grant or deny requests as Declarant believes are appropriate in Declarant’s sole and absolute discretion. (b) The Declarant shall have the right and power from time to time to adopt rules, regulations, guidelines, and standards governing the maintenance and upkeep of portions of the Premises, including without limitation, improvements thereto, signs, advertising and landscaping thereon. Without limiting the foregoing, those portions of the Premises on which construction of improvements has not yet commenced shall at all times be maintained in a neat and clean condition and all weeds shall be periodically cut. If in the sole judgment of the Declarant a portion of the Premises is not being maintained in good condition and repair or the appearance of any such portion of the Premises is not of the character and quality of that of other portions of the Premises or is not in compliance with rules, regulations, guidelines, and standards adopted from time to time by the Declarant, then without limiting any rights or remedies available to the Declarant hereunder, at law or in equity, Declarant shall have the right to enter upon any such portion of the Premises and perform any maintenance or repair work which it deems necessary or appropriate. The cost of any such work shall be charged to the Owner or party responsible for maintenance of such portion of the Premises if different from the Owner, and shall be payable to the Declarant upon demand. In the event that the party charged for such work fails to make prompt payment of any such amount within thirty (30) days after demand, such amount shall become and continue to be a lien upon the portion of the Premises owned by such party until such time as payment is made in full; provided, that any such lien shall be subordinate to the lien of any First Mortgage on a Dwelling Unit Recorded prior to the date on which any such amount becomes a lien against a Dwelling Unit as provided above. (c) Any one or more of the rights and powers of the Declarant under this Section may be delegated to one or more individuals or entities designated from time to time by the Declarant. (d) Subject as hereinafter provided, from time to time, the Declarant may enter into an agreement (“Transfer Agreement”) with the Association whereby the Declarant assigns and transfers to the Association some or all of its rights and powers under Subsections (a) and (b). Any Transfer Agreement shall be executed by both the Declarant and the Association and shall be Recorded; provided, that the execution of the Transfer Agreement by the Association shall be approved in advance by action of the Voting Members at an annual meeting or special meeting of the Voting Members. A Transfer Agreement may include such terms as are agreed upon between the Declarant and the Association. From and after the recording of a Transfer Agreement, the rights and powers of the Declarant under Subsections (a) and (b) which are transferred to the Association pursuant to the Transfer Agreement shall be administered as provided in the Transfer Agreement. Any rights and powers of the Declarant under Subsections (a) and (b) which are not transferred to the Association pursuant to a Transfer Agreement shall expire and terminate at such time as (i) the Development has been fully developed and improved per Declarant’s Development Plan and (ii) the Declarant no longer holds or controls title to any portion of the Development Area. ARTICLE TEN Amendment 33700\721-A\4891-4953-1336.v2 26 10.01 SPECIAL AMENDMENTS: Anything herein to the contrary notwithstanding, Declarant reserves the right and power to Record a special amendment ("Special Amendment") to this Declaration at any time and from time to time which amends this Declaration (i) to comply with requirements of Fannie Mae, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Veteran's Administration, or any other governmental agency or any other public, quasi-public or private entity which performs (or may in the future perform) functions similar to those currently performed by such entities, (ii) to induce any of such agencies or entities to make, purchase, sell, insure, guarantee or otherwise deal with first mortgages covering Dwelling Units, (iii) to correct errors, omissions, ambiguities or inconsistencies in the Declaration or any Exhibit, (iv) to bring the Declaration into compliance with applicable laws, ordinances or governmental regulations, (v) to amend Exhibit A to include additional real estate, and (vi) to grant easements and provide for cost sharing arrangements with respect to Community Area which will serve other homes located on the Development Area and/or to enter into cost sharing arrangements with one or more homeowners associations which administer other portions of the Development Area. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to the Declarant to make or consent to a Special Amendment on behalf of each Owner. Each deed, mortgage, trust deed, other evidence of obligation, or other instrument affecting a Dwelling Unit and the acceptance thereof shall be deemed to be a grant and acknowledgment of, and a consent to the reservation of, the power to the Declarant to make, execute and Record Special Amendments. The right and power of the Declaration to record a Special Amendment hereunder shall terminate five (5) years after such time as Declarant no longer holds or controls title to a portion of the Development Area. 10.02 AMENDMENT: Subject to Section 10.01 and Article Eleven, the provisions of this Declaration may be amended, abolished, modified, enlarged, or otherwise changed in whole or in part by the affirmative vote of Voting Members representing at least seventy-five percent of the total votes or by an instrument executed by Owners of at least seventy-five Percent (75%) of the Dwelling Units; except, that (i) the provisions of this Section 10.02 may be amended only by an instrument executed by all of the Owners and all First Mortgagees, (ii) Article Nine, and any other provisions relating to the rights of Declarant may be amended only with the written consent of the Declarant, and (iii) Sections 7.09 and 7.10 and any other provision relating to the rights of the Municipality may be amended only with the written consent of the Municipality. No amendment which removes Premises from the provisions of this Declaration shall be effective if as a result of such removal, an Owner of a Dwelling Unit shall no longer have the legal access to a public way from his Dwelling Unit. No amendment shall become effective until properly Recorded. ARTICLE ELEVEN First Mortgagees Rights 11.01 NOTICE TO FIRST MORTGAGEES: Upon the specific, written request of First Mortgagee or the insurer or guarantor of a First Mortgagee's mortgage, such party shall receive some or all of the following: (a) Copies of budgets, notices of assessment, or any other notices or statements provided under this Declaration by the Association to the Owner of the Dwelling Unit covered by the First Mortgagee's mortgage; 33700\721-A\4891-4953-1336.v2 27 (b) Any audited or unaudited financial statements of the Association which are prepared for the Association and distributed to the Owners; provided, that, if an audited statement is not available, then upon the written request of the holder, insurer or guarantor of a Mortgage, the Association shall permit such party to have an audited statement for the preceding fiscal year of the Association prepared at such party's expense; (c) Copies of notices of meetings of the Owners; (d) Notice of any proposed action that requires the consent of a specified percentage of Eligible First Mortgagees; (e) Notice of any substantial damage to any part of the Community Area or the Home on the Dwelling Unit subject to the First Mortgagee's mortgage; (f) Notice of the commencement of any condemnation or eminent domain proceedings with respect to any part of the Community Area or the Dwelling Unit subject to the First Mortgagee's mortgage; (g) Notice of any default by the Owner of the Dwelling Unit which is subject to the First Mortgagee's mortgage under this Declaration, the Operating Agreement or the rules and regulations of the Association which is not cured within thirty (30) days of the date of the default; (h) The right to examine the books and records of the Association at any reasonable times; (i) In the case of a First Mortgagee, the right to be listed on the records of the Association as an "Eligible First Mortgagee" for purpose of Section 11.02 below; and (j) A lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association. The request of any such party shall specify which of the above it desires to receive and shall indicate the address to which any notices or documents shall be sent by the Association. 11.02 CONSENT OF FIRST MORTGAGEES: (a) In addition to any requirements or prerequisites provided for elsewhere in this Declaration, the consent of First Mortgagees holding, in the aggregate, the first mortgages on at least two-thirds (2/3) of the Dwelling Units (by number) which are subject to first mortgages held by First Mortgagees which specifically request to be treated as "Eligible First Mortgagees" under Section 11.01(i) above will be required for the Association to do or permit to be done any of the following: (1) Adoption of an amendment to this Declaration which (i) changes Article Six or otherwise changes the method of determining the Community Assessments or other 33700\721-A\4891-4953-1336.v2 28 Charges which may be levied against an Owner; (ii) changes Section 7.04 or Article Ten, (iii) changes this Article Eleven, Article Twelve or any other provision of this Declaration or by By-Laws which specifically grants rights to First Mortgagees, (iv) materially changes insurance and fidelity bond requirements, (v) changes voting rights, or (vi) imposes a right of first refusal or similar restriction on the right of an Owner to sell, transfer or otherwise convey his Dwelling Unit; or (2) The withdrawal of the Premises from the provisions of this Declaration. However, in no event shall the consent of Eligible First Mortgagees be required with respect to any action taken by Declarant pursuant to Article Twelve. (b) Whenever required, the consent of an Eligible First Mortgagee shall be deemed granted unless the party seeking the consent is advised to the contrary, in writing, by the Eligible First Mortgagee within thirty (30) days after making the request for consent. 11.03 INSURANCE PROCEEDS/CONDEMNATION AWARDS: In the event of (i) any distribution of any insurance proceeds hereunder as a result of damage to, or destruction of, any part of the Community Area or (ii) any distribution of the proceeds of any award or settlement as a result of condemnation or eminent domain proceedings with respect to any part of the Community Area, any such distribution shall be made to the Owners and their respective First Mortgagees, as their interests may appear, and no Owner or other party shall be entitled to priority over the First Mortgagee of a Dwelling Unit with respect to any such distribution to or with respect to such Dwelling Unit; provided, that, nothing in this Section shall be construed to deny to the Association the right (i) to apply insurance proceeds to repair or replace damaged Community Area or (ii) to apply proceeds of any award or settlement as a result of eminent domain proceedings as provided in Article Four. ARTICLE TWELVE Annexing Additional Property 12.01 IN GENERAL: Declarant reserves the right at any time and from time to time prior to twenty (20) years from the date of Recording of this Declaration to annex, add and subject additional portions of the Development Area to the provisions of this Declaration as additional Premises by recording a supplement to this Declaration (a "Supplemental Declaration"), as hereinafter provided. Any portion of the Development Area which is subjected to this Declaration by a Supplemental Declaration shall be referred to as "Added Premises"; any portion of any Added Premises which is made part of the Community Area shall be referred to as "Added Community Area"; and any Lots contained in the Added Premises shall be referred to as "Added Lots". After the expiration of said twenty (20) year period, Declarant may exercise the rights described herein to annex, add and subject additional portions of the Development Area to the provisions of this Declaration, provided that the consent Voting Members representing at least 2/3rds of the votes held by the Voting Members is first obtained. 12.02 POWER TO AMEND: Declarant hereby retains the right and power to Record a Supplemental Declaration, at any time and from time to time as provided in Section 12.01, which amends or supplements Exhibit B. Exhibit B may only be amended or supplemented pursuant to this Article to add portions of the Development Area to Exhibit B and shall not be amended to 33700\721-A\4891-4953-1336.v2 29 reduce or remove any real estate which is described in Exhibit B immediately prior to the Recording of such Supplemental Declaration. A Supplemental Declaration may contain such additional provisions affecting the use of the Added Premises or the rights and obligations of owners of any part or parts of the Added Premises as the Declarant deems necessary or appropriate. 12.03 EFFECT OF SUPPLEMENTAL DECLARATION: Upon the Recording of a Supplemental Declaration by Declarant which annexes and subjects Added Premises, Added Community Area, and Added Lots to this Declaration, as provided in this Article, then: (a) The easements, restrictions, conditions, covenants, reservations, liens, charges, rights, benefits and privileges set forth and described herein shall run with and bind the Added Premises and inure to the benefit of and be binding on any Person having at any time any interest or estate in the Added Premises in the same manner, to the same extent and with the same force and effect that this Declaration applies to the Premises, and Persons having an interest or estate in the Premises, subjected to this Declaration prior to the date of the Recording of the Supplemental Declaration; (b) Every Owner of an Added Lot shall be a member of the Association on the same terms and subject to the same qualifications and limitations as those members who are Owners of Lots immediately prior to the Recording of such Supplemental Declaration; (c) In all other respects, all of the provisions of this Declaration shall include and apply to the Added Premises (including the Added Community Area or the Added Lots, if any) made subject to this Declaration by any such Supplemental Declaration and the Owners, First Mortgagees, and lessees thereof, with equal meaning and of like force and effect and the same as if such Added Premises were subjected to this Declaration at the time of the Recording hereof; (d) The Recording of each Supplemental Declaration shall not alter the amount of the lien for any Charges made to a Dwelling Unit or its Owner prior to such Recording; (e) The Declarant shall have and enjoy with respect to the Added Premises all rights, powers and easements reserved by the Declarant in this Declaration, plus any additional rights, powers and easements set forth in the Supplemental Declaration; and (f) Each Owner of an Added Lot which is subject to assessment hereunder shall be responsible for the payment of the Community Assessment pursuant to Section 6.02, as applicable, but shall not be responsible for the payment of any special assessment which was levied prior to the time that the Added Lot became subject to assessment hereunder. ARTICLE THIRTEEN Party Walls 13.01 PARTY WALL: Every wall, including the foundations therefor, which is built as a part of the original construction of a building and placed on the boundary line between separate 33700\721-A\4891-4953-1336.v2 30 Homes shall constitute and be a "Party Wall", and the Owner of a Home immediately adjacent to a Party Wall shall have the obligation and be entitled to the rights and privileges of these covenants and, to the extent not inconsistent herewith, the general rules of law regarding party walls. 13.02 RIGHTS IN PARTY WALL: Each Owner of a Home, which includes a portion of a Party Wall, shall have the right to use the Party Wall for support of the structure originally constructed thereon and all replacements thereof and shall have the right to keep, maintain, repair and replace therein all pipes, conduit, and ducts originally located therein and all replacements thereof. 13.03 DAMAGE TO PARTY WALL: (a) If any Party Wall is damaged or destroyed through the act or acts of any Owner of a Home which is adjacent to such Party Wall, or his agents, servants, tenants, guests, invitees, licensees, or members of his family, whether such act is willful, negligent or accidental, such Owner shall forthwith proceed to rebuild or repair the same to as good a condition as in which such Party Wall existed prior to such damage or destruction without costs therefor to the Owner of the other adjoining Home. (b) Any Party Wall damaged or destroyed by some act or event other than one caused by the Owner of a Home which is adjacent to such Party Wall, or his agents, servants, tenants, guests, invitees, licensees, or members of his family, shall be rebuilt or repaired by the Owners of the adjacent Homes to as good a condition as in which such Party Wall existed prior to such damage or destruction at joint and equal expense of such Owners, and as promptly as is reasonably possible; provided that the cost of repairing or replacing any portion thereof which is part of a Home Exterior with respect to which the Association is responsible for furnishing maintenance, repairs or replacements hereunder shall be paid by the Association to the extent not covered by insurance. (c) In the event that any Owner shall fail, within a reasonable time after the occurrence of damage or destruction referred to in this Section, to perform the necessary repair or rebuilding, then, the Managers may cause such repairs or rebuilding to be performed in the manner as provided in this Section and the cost thereof shall be charged to such Owner as his personal obligation and shall be a continuing lien on the Owner's Home. 13.04 CHANGE IN PARTY WALL: Any Owner of a Home who proposes to modify, rebuild, repair or make additions to any structure upon his Home in any manner which requires the extension, alteration or modification of any Party Wall shall first obtain the written consent thereto, as to said Party Wall, of the Owner of the other adjacent Home and the Managers, in addition to meeting any other requirements which may apply. In the event that a Party Wall is altered, regardless of whether all required consents have been obtained, any express or implied warranties made by the Declarant concerning the structural integrity of the Party Wall or of either the Homes adjacent to the Party Wall shall be null and void and the Owner who alters the Party Wall shall be responsible for any and all damage caused to an adjacent Home or improvements thereto. 13.05 ARBITRATION: In the event of a disagreement between Owners of Homes 33700\721-A\4891-4953-1336.v2 31 adjoining a Party Wall with respect to their respective rights or obligations as to such Party Wall, upon the written request of either of said Owners to the other the matter shall be submitted to the Managers and the decision of the Managers shall be final and binding. ARTICLE FOURTEEN Miscellaneous 14.01 NOTICES: Any notice required to be sent to any Owner under the provisions of this Declaration or the Operating Agreement shall be deemed to have been properly sent if (i) mailed, postage prepared, to his or its last known address as it appears on the records of the Association at the time of such mailing, (ii) transmitted by facsimile or e-mail to his or its facsimile number or e-mail address as either appears on the records of the Association at the time of such transmittal, or (iii) when personally delivered to his or its Dwelling Unit. The date of mailing, or the date of transmission if the notice is sent by facsimile or e-mail, shall be deemed the date of service. 14.02 CAPTIONS: The Article and Section headings are intended for convenience only and shall not be construed with any substantive effect in this Declaration. In the event of any conflict between statements made in recitals to this Declaration and the provisions contained in the body of this Declaration, the provisions in the body of this Declaration shall govern. 14.03 SEVERABILITY: Invalidation of all or any portion of any of the easements, restrictions, covenants, conditions, or reservations, by legislation, judgment or court order shall in no way affect any other provisions of this Declaration which shall, and all other provisions, remain in full force and effect. 14.04 PERPETUITIES AND OTHER INVALIDITY: If any of the options, privileges, covenants or rights created by this Declaration would otherwise be unlawful or void for violation of (a) the rule against perpetuities or some analogous statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing time limits, then such provisions shall continue only until twenty-one (21) years after the death of the survivor of the living lawful descendants of the President of the United States at the time this Declaration is Recorded. 14.05 TITLE HOLDING LAND TRUST: In the event title to any Dwelling Unit is held by a title holding trust, under the terms of which all powers of management, operation and control of the Dwelling Unit remain vested in the trust beneficiary or beneficiaries, then the beneficiaries thereunder from time to time shall be responsible for payment of all Charges and for the performance of all agreements, covenants and undertakings chargeable or created under this Declaration against such Dwelling Unit. No claim shall be made against any such title holding trustee personally for payment of any lien or obligation hereunder created and the trustee shall not be obligated to sequester funds or trust property to apply in whole or in part against such lien or obligation. The amount of such lien or obligation shall continue to be a charge or lien upon the Dwelling Unit and the beneficiaries of such trust notwithstanding any transfers of the beneficial interest of any such trust or any transfers of title to such Dwelling Unit. 33700\721-A\4891-4953-1336.v2 32 14.06 WAIVER OF IMPLIED WARRANTY OF HABITABILITY AND OTHER WARRANTIES: Illinois courts have held that every contract for the construction of a new home in Illinois carries with it a warranty that when completed, the home will be free of defects and will be fit for its intended use as a home. The courts have also held that this "Implied Warranty of Habitability" does not have to be in writing to be a part of the contract and that it covers not only structural and mechanical defects such as may be found in the foundation, roof, masonry, heating, electrical and plumbing, but it also covers any defect in workmanship which may not easily be seen by the buyer. However, the courts have also held that a seller-builder and buyer may agree in writing that the Implied Warranty of Habitability is not included as a part of their particular contract. Each buyer of a Dwelling Unit from Declarant agreed in the purchase contract that the Declarant has excluded and disclaimed the Implied Warranty of Habitability and all other implied warranties, whether created judicially, statutorily or by common law, including the implied warranty of fitness for a particular purpose. Such exclusion and disclaimer shall apply to and bind any subsequent Owner of a Dwelling Unit and, accordingly, no Owner of a Dwelling Unit shall be able to assert a claim against Declarant for a breach of the Implied Warranty of Habitability or any other implied warranty. 14.07 MUNICIPAL ORDINANCES AND REGULATIONS: Notwithstanding anything in this Declaration to the contrary, to the extent ordinances, regulations and requirements of the Municipality (collectively, the “ Municipal Requirements”) are more restrictive than requirements set forth in this Declaration, the Municipal Requirements shall be deemed to govern and control as if fully set forth herein, and it shall be the responsibility of each Owner of a Dwelling Unit to comply with the applicable Municipal Requirements. (Signature page to follow) 33700\721-A\4891-4953-1336.v2 1 Dated: __________, 2024 DECLARANT: D.R HORTON, INC.-MIDWEST By: ______________________________________ Its STATE OF ILLINOIS ) ) SS. COUNTY OF ______ ) The undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby certify that , the Division President of D.R. Horton, Inc.- Midwest, a California corporation, personally known to be to be the same person whose name is subscribed to the foregoing instrument as such Division President, appeared before me this day in person and acknowledged that he signed and delivered said instrument as his own free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and Notarial seal this ____ day of _________, 2024. Notary Public 33700\721-A\4891-4953-1336.v2 1 EXHIBIT A TO DECLARATION FOR GRANDE RESERVE TOWNES A) THAT PART OF THE SOUTHWEST QUARTER OF SECTION 11 AND PART OF THE NORTHWEST QUARTER OF SECTION 14, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY NORTHEAST CORNER OF LOT 3010 IN GRANDE RESERVE UNIT 7, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 17, 2004 AS DOCUMENT NUMBER 200400023008 SAID CORNER ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF NORTHERN RAILROAD COMPANY; THENCE NORTH 73 DEGREES 22 MINUTES 16 SECONDS EAST (BEARINGS BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE, NAD 83), ALONG SAID SOUTH LINE, 1,088.21 FEET, TO THE MOST NORTHERLY NORTHWEST CORNER OF LOT 3016 OF GRANDE RESERVE UNIT 9, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 15, 2005 AS DOCUMENT NUMBER 200500028116; THENCE ALONG THE WEST LINE OF SAID LOT 3016 FOR THE FOLLOWING 5 COURSES; 1) THENCE SOUTH 18 DEGREES 26 MINUTES 52 SECONDS EAST, 154.36 FEET; 2) THENCE SOUTH 88 DEGREES 05 MINUTES 00 SECONDS EAST, 108.29 FEET; 3) THENCE SOUTH 80 DEGREES 49 MINUTES 39 SECONDS EAST, 215.66 FEET; 4) THENCE SOUTH 69 DEGREES 46 MINUTES 24 SECONDS EAST, 218.03 FEET; 5) THENCE SOUTH 47 DEGREES 59 MINUTES 52 SECONDS EAST, 132.80 FEET, TO A 1 INCH IRON PIPE AT THE NORTHEAST CORNER OF LOT 774 IN SAID UNIT 9; THENCE SOUTH 51 DEGREES 26 MINUTES 02 SECONDS WEST, ALONG NORTH LINE OF SAID LOT, 78.04 FEET , TO 1 INCH PIPE AT THE NORTHEAST CORNER OF LOT 773 IN SAID UNIT 9; THENCE SOUTH 49 DEGREES 54 MINUTES 35 SECONDS WEST, 163.33 FEET, TO THE WEST RIGHT-OF-WAY LINE OF MATLOCK DRIVE HERETOFORE DEDICATED PER DOCUMENT 200500028116 SAID LINE ALSO BEING A NON- TANGENT CURVE; THENCE ALONG SAID WEST LINE FOR THE FOLLOWING 6 COURSES: 1) THENCE SOUTHEASTERLY, 72.16 FEET, ALONG SAID NON- TANGENT CURVE, CONCAVE SOUTHWEST, HAVING A RADIUS OF 117.00 FEET, A CHORD BEARING SOUTH 29 DEGREES 29 MINUTES 16 SECONDS EAST, AND A CHORD DISTANCE OF 71.02 FEET, TO A POINT OF TANGENCY; 2) THENCE SOUTH 11 DEGREES 49 MINUTES 06 SECONDS EAST, 135.73 FEET, TO A POINT OF CURVATURE; 3) THENCE SOUTHERLY, 203.87 FEET, ALONG A CURVE, CONCAVE EAST, HAVING A RADIUS OF 733.00 FEET, A CHORD BEARING SOUTH 19 DEGREES 47 MINUTES 11 SECONDS EAST, AND A CHORD DISTANCE OF 203.21 FEET, TO A POINT OF TANGENCY; 4) THENCE SOUTH 27 DEGREES 45 MINUTES 15 SECONDS EAST, 66.67 FEET, TO A POINT OF CURVATURE; 5) THENCE SOUTHEASTERLY, 22.46 FEET, ALONG A CURVE, CONCAVE NORTHEAST, HAVING A RADIUS OF 483.00 FEET, A CHORD BEARING SOUTH 29 DEGREES 05 MINUTES 10 SECONDS EAST, AND A CHORD DISTANCE OF 22.46 FEET, TO A POINT OF REVERSE CURVATURE; 6) THENCE SOUTHERLY, 36.40 FEET, ALONG A CURVE, CONCAVE WEST, HAVING A RADIUS OF 25.00 FEET, A CHORD BEARING SOUTH 11 DEGREES 17 MINUTES 46 SECONDS WEST, AND A CHORD DISTANCE OF 33.27 FEET, TO THE NORTH LINE OF AFORESAID UNIT 7, SAID LINE ALSO BEING THE NORTH RIGHT-OF- 33700\721-A\4891-4953-1336.v2 2 WAY LINE OF GRANDE TRAIL HERETOFORE DEDICATED PER DOCUMENT 200400023008; THENCE ALONG SAID NORTH LINE FOR THE FOLLOWING 6 COURSES; 1) THENCE SOUTH 53 DEGREES 00 MINUTES 37 SECONDS WEST, 158.23 FEET, TO A POINT OF CURVATURE; 2) THENCE WESTERLY, 350.53 FEET, ALONG A CURVE, CONCAVE NORTH, HAVING A RADIUS OF 565.00 FEET, A CHORD BEARING SOUTH 70 DEGREES 47 MINUTES 00 SECONDS WEST, AND A CHORD DISTANCE OF 344.93 FEET, TO A POINT OF TANGENCY; 3) THENCE SOUTH 88 DEGREES 33 MINUTES 23 SECONDS WEST, 384.27 FEET, TO A POINT OF CURVATURE; 4) THENCE WESTERLY, 205.41 FEET, ALONG A CURVE, CONCAVE SOUTH, HAVING A RADIUS OF 535.00 FEET, A CHORD BEARING SOUTH 77 DEGREES 33 MINUTES 26 SECONDS WEST, AND A CHORD DISTANCE OF 204.15 FEET, TO A POINT OF COMPOUND CURVATURE; 5) THENCE SOUTHWESTERLY, 227.96 FEET, ALONG A CURVE, CONCAVE SOUTHEAST, HAVING A RADIUS OF 335.00 FEET, A CHORD BEARING SOUTH 47 DEGREES 03 MINUTES 49 SECONDS WEST, AND A CHORD DISTANCE OF 223.59 FEET, TO A POINT OF REVERSE CURVATURE; 6) THENCE SOUTHWESTERLY, 30.31 FEET, ALONG A CURVE, CONCAVE NORTHWEST, HAVING A RADIUS OF 25.00 FEET, A CHORD BEARING SOUTH 62 DEGREES 17 MINUTES 48 SECONDS WEST, AND A CHORD DISTANCE OF 28.48 FEET, TO THE NORTH RIGHT-OF-WAY LINE OF FREEDOM PLACE HERETOFORE DEDICATED PER DOCUMENT 200400023008 AND POINT OF TANGENCY; THENCE NORTH 82 DEGREES 58 MINUTES 34 SECONDS WEST, ALONG SAID NORTH LINE, 77.23 FEET, TO A POINT OF CURVATURE; THENCE WESTERLY, 191.99 FEET, ALONG A CURVE, CONCAVE SOUTH, HAVING A RADIUS OF 550.00 FEET, A CHORD BEARING SOUTH 87 DEGREES 01 MINUTES 26 SECONDS WEST, AND A CHORD DISTANCE OF 191.01 FEET, TO THE EAST LINE OF LOT 3010 IN AFORESAID UNIT 7; THENCE ALONG SAID EAST LINE FOR THE FOLLOWING 14 COURSES; 1) NORTH 14 DEGREES 30 MINUTES 09 SECONDS WEST, 44.16 FEET, TO A 1 INCH IRON PIPE; 2) THENCE NORTH 80 DEGREES 30 MINUTES 07 SECONDS WEST, 113.50 FEET, TO A 1 INCH IRON PIPE; 3) THENCE NORTH 42 DEGREES 33 MINUTES 21 SECONDS WEST, 79.74 FEET, TO A 1 INCH IRON PIPE; 4) THENCE NORTH 26 DEGREES 48 MINUTES 19 SECONDS WEST, 120.62 FEET, TO A 1 INCH IRON PIPE; 5) THENCE NORTH 18 DEGREES 59 MINUTES 06 SECONDS WEST, 139.03 FEET, TO A 1 INCH IRON PIPE; 6) THENCE NORTH 08 DEGREES 49 MINUTES 16 SECONDS WEST, 177.96 FEET, TO A 1 INCH IRON PIPE; 7) THENCE NORTH 00 DEGREES 51 MINUTES 07 SECONDS EAST, 68.91 FEET, TO A 1 INCH IRON PIPE; 33700\721-A\4891-4953-1336.v2 3 8) THENCE NORTH 11 DEGREES 28 MINUTES 36 SECONDS EAST, 76.97 FEET; 9) THENCE NORTH 09 DEGREES 21 MINUTES 03 SECONDS EAST, 72.18 FEET, TO A 1 INCH IRON PIPE; 10) THENCE NORTH 13 DEGREES 06 MINUTES 39 SECONDS EAST, 124.19 FEET, TO A 1 INCH IRON PIPE; 11) THENCE NORTH 21 DEGREES 29 MINUTES 11 SECONDS EAST, 93.60 FEET; 12) THENCE NORTH 24 DEGREES 30 MINUTES 31 SECONDS EAST, 67.03 FEET, TO A 1 INCH IRON PIPE; 13) THENCE NORTH 02 DEGREES 45 MINUTES 51 SECONDS WEST, 43.82 FEET, TO A 1 INCH IRON PIPE; 14) THENCE NORTH 18 DEGREES 09 MINUTES 34 SECONDS WEST, 55.89 FEET, TO SAID POINT OF BEGINNING, B) All land located within 2500 feet of the exterior boundaries of the property described in subparagraph A) above. 33700\721-A\4891-4953-1336.v2 1 EXHIBIT B TO DECLARATION FOR GRANDE RESERVE TOWNES The Premises I. Premises: To Come Following Plat Recording II. Lots: To Come Following Plat Recording III. Community Area: To Come Following Plat Recording 1 33700\721-A\4891-4953-1336.v2 EXHIBIT C TO DECLARATION FOR GRANDE RESERVE TOWNES Operating Agreement OPERATING AGREEMENT OF THE GRANDE RESERVE TOWNES HOMEOWNERS ASSOCIATION, LLC This Operating Agreement is entered into as of _______, 2024, in Schaumburg, Illinois, between The Grande Reserve Townes Homeowners Association, LLC, an Illinois limited liability company (the “Association”), and D.R. Horton, Inc. - Midwest, a California corporation, its sole Member (sometimes referred to herein as the “Declarant”). A. Articles of Organization for the Association were filed with the Secretary of State of Illinois on _______, 2024; and B. Declarant desires to set forth the terms and conditions governing the management, operation and affairs of the Association. THEREFORE, in consideration of the mutual promises contained herein, and for other good and valuable consideration, the sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I NAME OF ASSOCIATION The full legal name of the Association is The Grande Reserve Townes Homeowners Association, LLC. ARTICLE II PURPOSE AND POWERS 2.01 PURPOSES: The purposes of the Association are to act on behalf of its Members collectively, as their governing body, with respect to the preservation, care, maintenance, replacement, improvement, enhancement, operation and administration of both real and personal property, for the promotion of the health, safety and welfare and the common use and enjoyment thereof by Members of the Association. This Operating Agreement is subject to the provisions of the Declaration for Grande Reserve Townes (“Declaration”) recorded with the Office of the Recorder of Deeds for Kendall County, Illinois, as amended or supplemented from time to time. All terms used herein (if not otherwise defined herein) shall have the meanings set forth in the Declaration. 2 33700\721-A\4891-4953-1336.v2 2.02 POWERS: The Association shall have and exercise all powers as are now or may hereafter be granted by the Illinois Limited Liability Company Act (the “Act”), the Declaration and this Operating Agreement. 2.03 TAX STATUS. It is intended that the Association shall be treated as an association taxable as a corporation and, to the extent determined from time to time by the Board (as hereafter defined), shall elect to be treated as a “homeowners association” under Section 528 of the Internal Revenue Code, or any successor provision thereto. ARTICLE III OFFICES 3.01 REGISTERED OFFICE: The Association shall have and continuously maintain in the State of Illinois a registered office and a registered agent whose office is identical with such registered office, and may have other offices within or without the State of Illinois as the Board may from time to time determine. 3.02 PRINCIPAL OFFICE: The Association’s principal office shall be maintained on the Development Area or at the office of the managing agent employed by the Association, if any. ARTICLE IV MEETINGS AND ACTIONS OF MEMBERS 4.01 MEMBERSHIP. The Owner from time to time of each Dwelling Unit shall automatically be a “Member” of the Association. There shall be one membership per Dwelling Unit. There shall be two (2) classes of membership. The Declarant shall be the “Class B Member” with respect to Dwelling Units which it owns from time to time. Each owner other than the Declarant shall be a “Class A Member” with respect to each Dwelling Unit the Owner owns. Membership shall be appurtenant to and may not be separated from ownership of a Dwelling Unit. 4.02 VOTING RIGHTS: Any or all Members may be present at any meeting of the Members, but the voting rights shall be vested exclusively in the representative designated by the Owner of each Dwelling Unit, in writing or by electronic notice to the Association, and such representative shall be deemed a “Voting Member”, as defined in the Declaration; provided, that, prior to the First Meeting (as defined in Section 4.04 below), the voting rights shall be vested exclusively in the Class B Member (the Declarant) and Owners other than Declarant shall have no voting rights. From and after the First Meeting, all of the voting rights at any meeting of the Association shall be vested in the Voting Members and each Voting Member who represents a Dwelling Unit owned by a Class A Member shall have one vote for each Dwelling Unit which the Voting Member represents, and the Declarant, as the Class B Member, shall have ten (10) votes for each Dwelling Unit which it owns. The Voting Members may vote in person or by proxy. All proxies shall be in writing, revocable, valid only for eleven (11) months from the date of execution and filed with the Secretary. 3 33700\721-A\4891-4953-1336.v2 4.03 PLACE OF MEETING; QUORUM: Meetings of the Members shall be held at the principal office of the Association or at such other place in Kendall County, Illinois, as may be designated in any notice of a meeting. All meetings shall be conducted in accordance with the rules and provisions set forth in Roberts Rules of Order as from time to time published. Voting Members representing at least twenty percent (20%) of the total votes shall constitute a quorum; provided, however, that in the event quorum in not met for a particular meeting, the number of Voting Members required for quorum shall be reduced by fifty percent (50%) and shall continue to be reduced by fifty percent (50%) until such time as quorum is met and a meeting can be held. Unless otherwise expressly provided herein or in the Declaration, any action may be taken at any meeting of the Members at which a quorum is present upon the affirmative vote of a majority of the Voting Members present at such meeting, including any matter which, under the Act, would otherwise require the unanimous consent of the Members. 4.04 ANNUAL MEETINGS: The first meeting of the Members (“First Meeting”) shall be held upon not less than twenty-one (21) days’ written notice given by the Declarant to the Members. If not called earlier by the Declarant, the First Meeting shall be held no later than thirty (30) days after the Turnover Date. Thereafter, there shall be an annual meeting of the Members (“Annual Meeting”) on the anniversary of the First Meeting, or at such other reasonable time or date (not more than thirty (30) days before or after such date) upon not less than twenty-one (21) days written notice given by the Board to the Members. 4.05 SPECIAL MEETINGS: A special meeting of the Members may be called at any time for the purpose of considering matters which, by the terms of the Declaration, require the approval of all or some of the Voting Members or for any other reasonable purpose. A special meeting shall be called by written notice to the Members by Declarant (prior to the First Meeting), a majority of the Board (after the First Meeting), or by twenty percent (20%) of the Voting Members (after the First Meeting), and delivered not less than twenty-one (21) days prior to the date fixed for said meeting. The notices shall specify the date, time, and place of the meeting and the matters to be considered. 4.06 NOTICE OF MEETINGS: Notices of meetings required to be given herein may be delivered either personally, by U.S. Mail or by E-mail to the Members, addressed to such Member at the address given by such Member to the Board for the purpose of service of such notice or to the Lot of the Member, if no address has been given to the Board. A notice of meeting shall include an agenda of business and matters to be acted upon or considered at the meeting. 4.07 NO DUTY OWED BY MEMBERS: Except as otherwise provided herein or in the Declaration, a Member who is not also a Manager (as hereafter defined) owes no duty to the Association or to the other Members solely by reason of being a Member. 4.08 NO SERVICES DUE FROM MEMBERS: No Member shall be required to perform any services for the Association solely by reason of being a Member. No Member shall be entitled to any compensation for any services performed by such Member for the Association unless otherwise determined by the Board. 4 33700\721-A\4891-4953-1336.v2 4.09 INDEMNIFICATION: The Association shall indemnify each Member for all authorized acts performed by such Member in respect of the Association, to the full extent permitted by the Act, but in no event for a Member’s material breach of this Operating Agreement, criminal conduct, gross negligence or any fraudulent act committed by the Member. ARTICLE V BOARD OF MANAGERS 5.01 IN GENERAL: After the First Meeting, the affairs of the Association shall be vested in the board of managers (the “Board”), which shall consist of five (5) persons (each a “Manager” and, collectively, the “Managers”), or such other number of persons as shall be fixed from time to time by the affirmative vote of not less than fifty percent (50%) of the Voting Members. 5.02 DECLARANT AS MANAGER: Anything herein to the contrary notwithstanding, the Declarant shall be the sole Manager and sole member of the Board until the First Meeting. 5.03 DELIVERY OF DOCUMENTS: Within sixty (60) days of the First Meeting, the Declarant shall deliver to the Board: (a) Original copies of the Declaration, this Operating Agreement and the Association’s Articles of Organization and any other documents filed with the Secretary of State of the State of Illinois. (b) An accounting of all receipts and expenditures made or received on behalf of the Association by the Declarant. (c) All Association funds and bank accounts. (d) A schedule of all personal property, equipment and fixtures belonging to the Association, including documents transferring the property to the Association. 5.04 ELECTION: At the First Meeting, the Voting Members shall elect a full Board to replace the Declarant as the sole Manager. The three (3) candidates receiving the greatest number of votes shall each serve a two-year term and the two (2) candidates receiving the next greatest number of votes shall each serve a one- year term. Thereafter, each Manager shall serve a two-year term. Each Manager shall hold office until his term expires or until his successor has been elected and qualified. Managers may succeed themselves in office. In all elections for Managers, each Class A Member shall be entitled to the number of votes equal to the number of Managers to be elected, and the Class B Member shall be entitled to the number of votes equal to the number of Managers to be elected times ten (10). Cumulative voting shall not be permitted; provided that the Class B Member shall be entitled to cast up to 10 votes for each candidate that the Class B Member votes for. 5.05 BOARD MEETINGS: After the First Meeting, regular meetings of the Board shall be held at such time and place as shall be determined at the Annual Meeting or, from time 5 33700\721-A\4891-4953-1336.v2 to time, by a majority of the Board, provided that (i) the Board shall hold its first meeting within thirty (30) days of the First Meeting, and (ii) not less than four (4) Board meetings shall be held during each fiscal year. Notice of regular meetings of the Board shall be given to each Manager, personally or by mail, at least two (2) days prior to the day named for any such meeting and such notice shall state the time and place of such regular meeting and such notice shall be posted conspicuously on the Premises so as to inform the Members of such meetings. 5.06 SPECIAL MEETINGS: After the First Meeting, a special meeting of the Board may be called by the President or at least one-third (1/3) of the Managers then serving. 5.07 WAIVER OF NOTICE: Before or at any meeting of the Board, any Manager may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Manager at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the Managers are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. 5.08 QUORUM: A majority of the Managers serving from time to time shall constitute a quorum for the election of officers and for the transaction of business at any meeting of the Board, provided, that if less than a majority of the Managers are present at said meeting, a majority of the Managers present may adjourn the meeting from time to time without further notice. Except as otherwise expressly provided herein or in the Declaration, any action may be taken upon the affirmative vote of a majority of the Managers present at a meeting at which a quorum is present (“Board Action”). 5.09 POWERS AND DUTIES OF THE BOARD: The Board shall have all of the powers and duties granted to it or imposed upon it by the Declaration, this Operating Agreement, and the Act, including, without limitation, the following powers and duties: (a) To engage the services of a managing agent upon such terms and with such authority as the Board may approve; (b) To provide for the designation, hiring and removal of such employees and such other personnel, including attorneys and accountants, as the Board may, in its discretion, deem necessary or proper; (c) To provide for any maintenance, repair, alteration, addition, improvement or replacement of the Community Area and Home Exteriors for which the Association is responsible under the Declaration and this Operating Agreement; (d) To procure insurance as provided for under the Declaration; (e) To estimate and provide each Member with an annual budget showing the Community Expenses; (f) To set, give notice of, and collect from the Members, Community Assessments and other assessments, as provided in the Declaration; (g) To pay the Community Expenses; 6 33700\721-A\4891-4953-1336.v2 (h) Subject to the provisions of the Declaration, to own, convey, encumber or otherwise deal with any real property conveyed to or purchased by the Association; (i) To adopt and, from time to time, to amend such reasonable rules and regulations as the Board may deem advisable for the use, enjoyment, administration, management, maintenance, conservation and beautification of the Community Area, and for the health, comfort, safety and general welfare of the Members and Residents. Written notice of any such rules and regulations or amendments thereto shall be given to all Residents affected thereby; (j) To delegate the exercise of its power to committees appointed pursuant to Article IX of this Operating Agreement; (k) To borrow money and pledge the assets of the Association, including the right to receive future assessments, as collateral for repayment thereof; and (l) To convey all or substantially all of the Association’s assets to, or to merge with, another entity, including a not-for-profit corporation, to the extent permitted by law. 5.10 COMPENSATION/REIMBURSEMENT FOR EXPENSES: Managers shall receive no compensation, except as expressly provided in a resolution duly adopted by not less than 75% of the Voting Members. Upon the presentation of receipts or other appropriate documentation, a Manager shall be reimbursed by the Association for reasonable out-of-pocket expenses incurred in the course of the performance of his or her duties as a Manager. 5.11 REMOVAL OR RESIGNATION OF A MANAGER: Prior to the First Meeting, the Declarant may not be removed as Manager without the Declarant’s written consent. After the First Meeting, any Manager may be removed from office, with or without cause, by the affirmative vote of at least two-thirds (2/3) of the Managers then serving at any Annual Meeting or at a special meeting called for such purpose. Any Manager may resign at any time by submitting his written resignation to the Board. If after the First Meeting, a Manager ceases to be a Member or Voting Member, he or she shall be deemed to have resigned as of the date of such cessation. A successor to fill the unexpired term of a Manager who resigns may be appointed by a majority of the remaining Managers at any regular meeting or a special meeting called for such purpose and any successor so appointed shall serve the balance of his or her predecessor’s term. 5.12 NO EXCLUSIVE DUTY: Except as otherwise provided in this Operating Agreement, the Managers shall not be required to manage the Association as their sole and exclusive function and the Managers may have other business interests and engage in other activities in addition to those relating to the Association. Neither the Association nor any Member shall have any right to share or participate in such other investments or activities of the Managers or to the income or proceeds derived therefrom. 5.13 LIMITATION OF LIABILITY: The Managers shall perform the duties of the Manager in good faith, in a manner which the Managers believe to be in the best interests of the 7 33700\721-A\4891-4953-1336.v2 Association, and with such care as an ordinarily prudent individual in a like position would use under similar circumstances. See Section 5.06 of the Declaration for provisions concerning limitations on the liability of Managers and other indemnification provisions. 5.14 INDEMNIFICATION: The Association shall indemnify each Manager for all acts performed by the Manager in respect of the Association, to the full extent permitted by the Act, but in no event for fraud, deceit, theft, misappropriation, embezzlement, willful misconduct or gross negligence relating to the Association. ARTICLE VI OFFICERS 6.01 OFFICERS: The officers of the Association shall be a President, one or more Vice Presidents, a Secretary, Treasurer, and such assistants to such officers as the Board may deem appropriate and shall hold office at the discretion of the Board. After the First Meeting, officers shall be Managers and shall be elected annually at the first Board meeting following the Annual Meeting. 6.02 VACANCY OF OFFICE: Any officer may be removed at any meeting of the Board by the affirmative vote of the majority of the Managers in office, either with or without cause. Any officer may resign at any time by submitting his or her written resignation to the Board. If after the First Meeting, an officer ceases to be a Member or Voting Member, he or she shall be deemed to have resigned as of the date of such cessation. A successor to fill the unexpired term of an officer who resigns or is removed may be appointed by the Board at any regular meeting or a special meeting called for such purpose and any successor so appointed shall serve the balance of his or her predecessor’s term. 6.03 POWERS OF OFFICERS: The respective officers of the Association shall have such powers and duties as are from time to time prescribed by the Board and as are usually vested in such officers, including but not limited to, the following: (a) The President shall be the Chief Executive Officer of the Association and shall preside at all meetings of the Members and at all meetings of the Board and shall execute amendments to the Declaration and this Operating Agreement as provided in the Declaration and this Operating Agreement. (b) The Vice President shall, in the absence or the disability of the President, perform the duties and exercise the powers of such office; (c) The Secretary shall keep minutes of all meetings of the Members and of the Board and shall have charge of such other books, papers and documents as the Board may prescribe; (d) The Treasurer shall be responsible for Association funds and securities and for keeping full and accurate accounts of all receipts and disbursements in the Association books of accounts kept for such purpose. 8 33700\721-A\4891-4953-1336.v2 6.04 OFFICERS’ COMPENSATION: The officers shall receive no compensation for their services, except as expressly provided by a resolution duly adopted by not less than 75% of the Voting Members. ARTICLE VII INTENTIONALLY OMITTED ARTICLE VIII INTENTIONALLY OMITTED ARTICLE IX COMMITTEES DESIGNATED BY BOARD 9.01 BOARD COMMITTEES: The Board may, by Board Action, designate one or more committees. Each committee designated by the Board after the First Meeting shall consist of two or more Managers, which committees, to the extent consistent with law and as provided in said resolution, shall have and exercise the authority of the Board in the management of the Association; but the designation of such committees and delegation thereto of authority shall not operate to relieve the Board, or any individual Manager, of any responsibility imposed by law upon the Board or any individual Manager. 9.02 SPECIAL AND STANDING COMMITTEES: Other committees not having and exercising the authority of the Board in the management of the Association may be designated by a resolution adopted by Board Action. Except as otherwise provided in such resolution, members of each such special committee shall be Members or Voting Members and the President shall appoint the members of such special committee, as well as a Manager to act as the liaison between the special committee and the Board. Any member of such special committee may be removed by the President whenever in his or her judgment the best interests of the Association shall be served by such removal. The powers and the duties of any standing committee shall be as set from time to time by resolution of the Board. The President shall designate a Manager (who shall act as the liaison between the standing committee and the Board) to serve as the chairman of each standing committee, and the other members of the standing committee (who need not be Managers) shall be appointed and removed from time to time by such chairman. 9.03 TERM: Each member of a committee shall continue as such until the next Annual Meeting of the Board and until his or her successor is appointed, unless the committee shall be sooner terminated, or unless such member shall be removed from such committee, or unless such member shall cease to qualify as a member thereof. 9.04 CHAIRPERSON: Except as otherwise provided in Section 9.02, one member of each committee shall be appointed chairperson. 9.05 VACANCIES: Vacancies in the membership of any committee may be filled by appointments made in the same manner as provided in the case of the original appointments to such committee. 9 33700\721-A\4891-4953-1336.v2 9.06 QUORUM: Unless otherwise provided in the resolution of the Board designating a committee, a majority of the whole committee shall constitute a quorum and the act of a majority of the members present at a meeting at which a quorum is present shall be the act of the committee. 9.07 RULES: Each committee may adopt rules for its own governance not inconsistent with the Declaration, this Operating Agreement or with rules adopted by the Board. ARTICLE X CONTRACTS, CHECKS, DEPOSITS AND FUNDS 10.01 CONTRACTS: The Board may authorize any officer of officers, agent or agents of the Association, in addition to the officers so authorized by this Operating Agreement, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Association and such authority may be general or confined to specific instances. In the absence of any such authorization by the Board, any such contract or instrument shall be executed by the President or a Vice President and attested to by the Secretary or an Assistant Secretary of the Association. 10.02 PAYMENTS: All checks, drafts, vouchers or other orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Association shall be signed by such officer or officers, agent or agents of the Association, and in such manner as shall from time to time be determined by resolution of the Board. In the absence of such determination by the Board, such instruments shall be signed by the Treasurer or an Assistant Treasurer and countersigned by the President or a Vice President of the Association. 10.03 BANK ACCOUNTS: All funds of the Association not otherwise employed shall be deposited from time to time to the credit of the Association in such banks, trust companies or other depositories as the Board shall elect. 10.04 SPECIAL RECEIPTS: The Board may accept on behalf of the Association any contribution, gift, bequest, or devise for the general purposes or for any special purpose of the Association. ARTICLE XI FISCAL MANAGEMENT 11.01 FISCAL YEAR: The fiscal year of the Association shall be established by the Association and may be changed from time to time by a resolution adopted by two-thirds (2/3) of the Board. 11.02 ANNUAL STATEMENT: Within a reasonable time after the close of each fiscal year, the Board shall furnish each Member with a statement of the income and disbursements of the Association for such fiscal year. 10 33700\721-A\4891-4953-1336.v2 11.03 SPECIAL STATEMENT: Within ten (10) days after receipt of a written request from a Member, the Board shall provide the Member with a statement containing the following information: (a) The status of the Member’s account and the amount of any unpaid assessments or other charges due and owing from the Member; and (b) The status and amount of any and all Capital Reserves. 11.04 ASSESSMENT PROCEDURE: Community Assessments and special assessments shall be made and collected as provided in the Declaration. ARTICLE XII TRANSFER OF MEMBERSHIP 12.01 MEMBERSHIP: The Owner of each Dwelling Unit shall automatically be a Member of the Association. There shall be one membership per Dwelling Unit. Membership shall be appurtenant to and may not be separated from ownership of a Dwelling Unit. Ownership of a Dwelling Unit shall be the sole qualification for membership. The Association shall be given written notice of a proposed change of ownership of a Dwelling Unit within ten (10) days prior to such change. Any attempt to transfer membership in the Association separate from ownership of a Dwelling Unit shall be invalid, null and void, and of no force and effect. 12.02 NO VOLUNTARY DISSOCIATION: Except as otherwise provided by Section 12.01 above, a Member shall not be permitted to voluntarily dissociate from the Association. ARTICLE XIII BOOKS AND RECORDS The Association shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its Members, the Board, and committees having any of the authority of the Board, and shall keep at the registered or principal office of the Association a record including the following: (i) the names and last known address of the Members, setting forth the date on which each became a Member; (ii) a copy of the Articles of Organization of the Association, as amended or restated, together with executed copies of any powers of attorney pursuant to which any articles, applications, or certificates have been executed; (iii) copies of the Association’s financial statements and federal, state, and local income tax returns and reports for the three (3) most recent years, where applicable; and (4) copies of the Operating Agreement and any amendments thereto. All books and records of the Association may be inspected and copied by any Member, or his or her mortgagee, agent or attorney, at any reasonable time. The Member shall reimburse the Association for all costs and expenses incurred by the Association in connection with that Member’s inspection and copying of such records. ARTICLE XIV MISCELLANEOUS PROVISIONS 11 33700\721-A\4891-4953-1336.v2 14.01 GOVERNING LAW. This Operating Agreement shall be interpreted in accordance with the internal laws of the State of Illinois, without regard to its rules governing conflict of laws. 14.02 VALIDITY. The provisions of this Operating Agreement are intended to be interpreted and construed in a manner which renders them valid and enforceable. In the event that any provision of this Operating Agreement is found to be invalid or unenforceable, such provision shall be deemed excised from this Operating Agreement without affecting the validity or enforceability of any of the remaining provisions hereof. 14.03 JURISDICTION AND VENUE. All disputes arising under or in connection with this Operating Agreement shall be resolved and disposed of by the federal and state courts located in the County where the Declaration is recorded, and the Association, Managers, and Members irrevocably consent to the exclusive personal jurisdiction of such courts and venue therein. ARTICLE XV AMENDMENTS This Operating Agreement may be amended or modified at any time, or from time to time, by the affirmative vote of two-thirds of the Managers then serving provided, that (a) no provision of this Operating Agreement may be amended or modified so as to conflict with the provisions of the Declaration or the Act, and (b) no provision of this Operating Agreement which affects the rights of the Class B Member may be amended or modified without the written consent of the Class B Member. [Signature page follows] 1 33700\721-A\4891-4953-1336.v2 IN WITNESS WHEREOF, the parties have executed this Operating Agreement as of the first date set forth above. ASSOCIATION: The Grande Reserve Townes Homeowners Association, LLC, an Illinois limited liability company By: D.R. Horton, Inc. – Midwest, a California corporation By: Its: MEMBER/DECLARANT: By: D.R. Horton, Inc. – Midwest, a California corporation By: Its: I have reviewed the application for Final Plat of Subdivision of Grande Reserve Units 10A and 11A (Neighborhoods 6 and 7) received April 8, 2024, as submitted by Steven Bauer on behalf of D.R. Horton, Inc. - Midwest, petitioner. The Final Plats were prepared by Manhard Consulting, Ltd and dated 03-22-24. The plans also included two (2) elevations for the Portsmouth Townhome and Seaboard Townhome models, and a proposed Infrastructure Phasing Plan, also prepared by Manhard Consulting, Ltd and dated last revised 04/03/24. The petitioner is seeking Final Plat approval for an approximately 22-acre site consisting of 158 new residential lots located east of Kennedy Road and south of the BNSF railroad in Yorkville. These lots will mark the initial stage of development for what was originally intended as a 42-acre, 298-unit townhome project in Units 10 and 11 of Grande Reserve. At full build-out the proposed units will have 312 townhome units, which represents an increase of 14 units (~ 4.75%) than originally planned. Based upon my review of the application documents and plans; I have compiled the following comments: GENERAL ZONING/ANNEXATION AGREEMENT COMMENTS: 1. ZONING - The subject property was annexed in 2003 and was zoned R-2 Single-Family Traditional Residence District with a special use for a Planned Unit Development. The following are the current immediate surrounding zoning and land uses: Zoning Land Use North Burlington Northern Santa Fe (BNSF) Railroad R-2 Planned Unit Development (Grande Reserve) Transportation Residential South Grande Trail/Freedom Place R-2 Planned Unit Development (Grande Reserve) PI Public Institutional District (Grande Reserve Elementary) Transportation Residential School East R-2 Planned Unit Development (Grande Reserve) Residential West Kennedy Road A-1 SU Agriculture (Unincorporated Kendall County)1 Transportation Blackberry Oaks Golf Course 2. ANNEXATION AGREEMENT – Per Group Exhibit “D” of the Annexation Agreement (Ord. 200-44) it is stated that the “CITY recognizes the need for flexibility in the final layout and design of Neighborhoods 4-8. As such, through the Concept PUD plans 986 dwelling units are approved for Neighborhoods 4-8. The final location and mix of 1 Portion of Blackberry Oaks (clubhouse) will be annexed to City by the end of May 2024. Memorandum To: Plan Council From: Krysti Barksdale-Noble, Community Development Director Date: May 1, 2024 Subject: PZC 2024-14 Grande Reserve – Units 10A & 11A (Final Plat) Proposed Approval of 158 lots in 2 new Units of Grande Reserve housing units shall be determined at the time of preliminary/final platting.” Further it states, “Any plan for a phase of development that does not exceed the total number of dwelling units allowed in said Neighborhoods shall be deemed to be in substantial conformance with the Concept Plan.”: Below is a comparison of the approved Concept Plan PUD dwelling unit count (group Exhibit “C”) and the proposed final plat dwelling unit count for each neighborhood: NEIGHBORHOOD (UNIT) UNIT TYPE APPROVED DWELLING UNITS CONCEPT PUD PLAN PROPOSED/APPROVED DWELLING UNITS FINAL PLAT Neighborhood 4 (Unit 28) Apts. 300 300 Neighborhood 5 (Units 12, 15 and 22) TH 164 164 Neighborhood 6 (Unit 11) TH 156 158 Neighborhood 7 (Unit 10) TH 142 154 Neighborhood 8 (Unit 9) DU* 224 224 TOTAL 986 1000 • Neighborhood 8 (Unit 9) Unit Count – Per an Economic Incentive Agreement between the City and the developer, Grande Reserve (Chicago) ASLI VI, LLLP, approved via Ordinance 2021-13, a minor PUD amendment is contemplated for Unit 9 that would allow a change in unit type from 224 duplexes to 111 single-family homes. o This contemplated minor amendment reduces the overall dwelling unit count for this area of Grande Reserve from 986 to 887 units, including the proposed increase of 14 units in Neighborhoods 6 and 7 by the petitioner, well under the maximum entitled unit per the original annexation agreement. • Cul-de-sacs – Per Ordinance 2003-44, Paragraph 19C, the Homeowners Associations (HOA) neighborhoods six (6) and seven (7) are required to pay for and perform all snowplowing of cul-de-sacs, even though all roads within the neighborhoods will be public roads. The HOA does not have the snowplowing obligation for all other roadways within the neighborhoods. o Phase 1 of Unit 11A (Neighborhood 6) appears to have one (1) cul-de-sac around McMurtrie Way and Phase 2 of Unit 11 has two (2) cul-de-sacs. Phase 1 of Unit 10A does not indicate any cul-de-sacs. • Declarations of CCRs – Group Exhibit “D”, paragraph B of the Annexation Agreement requires that the developer submit a copy of the proposed Declaration of Covenants, Restrictions and Easements to be reviewed by the City. The declarations shall be recorded at the same time with the final plat for each phase. 3. BUILDING SETBACKS/VARIANCE SCHEDULE – The following building setbacks are for parcels located in Neighborhoods 6 and 7, per “Exhibit E-1 Grande Reserve Variance Schedule for Neighborhoods 2-19” of the Annexation Agreement: BUILDING SETBACK REQUIRED MINIMUM PROPOSED SETBACK Front 25’ 25’ Side (Corner) 20’ 20’ Perimeter 30’ 30’ Side Building to Side Building Min. 20’ TBD Side Building to Rear Building Min. 35’ TBD Rear Building to Rear Building Min. 60’ TBD Front Building to Side Building Min. 35’ TBD Front Building to Front Building Min. 50’ TBD Rear Building to Front Building Min. 50’ TBD The proposed yard setbacks illustrated on the final plats meet the minimum requirements established in the original annexation agreement. The building-to- building separation requirements have been provided as reference for future layout of structures on the lots. 4. APPEARANCE STANDARDS • Per Exhibit “D5” in the original Annexation Agreement (Ord. 2003-44) Architectural Design Standards are established for townhome development and conceptual building elevations were provided in Exhibit “D2”. Further it is stated that “all owners and developers agree to impose architectural design standards relating to façade materials, accessory structures, and other building restrictions at the time of final plat submittal for each unit. o These standards will be submitted for city review and approval prior to City Council approval of the final plat of subdivision, and must address the following:  Color Schemes  Deck & Patio Specifications  Fence Specifications  Restrictions on Accessory Buildings  Restrictions on Housing Styles  Minimum Square Footage  Building Materials  Roof Specifications o It is also stated in the Economic Incentive Agreement approved via ord. 2021-13, that currently not platted areas must submit architectural standards at time of final plat. • Petitioner has submitted elevations of the two (2) models offered for townhomes in Units 10A and 11A. A summary of the elevations is as follows: o Front building elevation renderings of the two types of attached single-family homes—the Seaboard and the Portsmouth—proposed for construction by D.R. Horton in Grande Reserve Neighborhoods 6 & 7/Units 10 & 11.  Staff recommends color elevations to address the color scheme requirement.  Deck, patio, and fence specifications shall be provided, in addition to accessory building restrictions, if any.  Minimum square footage and roof specifications information has been provided and satisfied. o The rear-loaded, two-story Seaboard townhome unit buildings, each consisting of four to six units per building and containing a minimum of 1,500 sf per dwelling unit, are proposed to be constructed in Neighborhood 6/Unit 10. o The front-loaded, two-story Portsmouth townhome unit buildings, each also consisting of four to six units per building but containing a minimum of 1,600 sf per dwelling unit, are proposed to be constructed in Neighborhood 7/Unit 11. o Both the Seaboard and Portsmouth buildings include masonry wainscoting on the front façade made of cultured stone veneer. Other architectural features on the front elevations include:  Architectural shingles  Decorative dormers (major architectural feature)  Board and Batten siding  Covered poches (major architectural feature)  Window shutters  Transom window on front door • Per the City’s Appearance Standards in Chapter 10-5-8 of the Unified Development Ordinance (UDO) Masonry products shall be incorporated on the front facade of at least seventy-five (75) percent of the total buildings and shall incorporate a minimum of fifty (50) percent premium siding material on the front facade. No less than half (twenty-five (25) percent of the total) of the minimum "premium siding" requirements must incorporate masonry products. o Credit toward the remaining "premium siding" requirement can be earned via the use of major architectural features. Each major architectural feature used will earn a credit of ten (10) percent towards the calculation of the minimum premium siding requirement. o Premium siding material includes masonry products, culture stone, natural wood siding and synthetic stucco. • Below is a data table comparison and calculations of the elevations provided verifying compliance with the UDO Appearance Standards: Portsmouth Townhome Series (Unit 11A) Appearance Code Requirements Proposed Elevation Masonry product 75% of total buildings 80 buildings 100% of total buildings Premium Siding 50% on front façade – excluding openings 1,289.60 sq. ft. façade area (644.8 sq. ft. required) 305.74 sq. ft. premium siding (23.70%) Masonry Siding 25% of premium siding 161.2 sq. ft. of 644.8 sq. ft. required for masonry siding 305.74 sq. ft. masonry siding (~190%) Credit for major architectural feature 10% each 20% credit Needs to meet 30% (386.88 sq. ft.) of premium siding requirement Seaboard Townhome Series (Unit 10A) Appearance Code Requirements Proposed Elevation Masonry product 75% of total buildings 78 buildings 100% of total buildings Premium Siding 50% on front façade – excluding openings 1,130.13 sq. ft. façade area (565 sq. ft. required) 241.75 sq. ft. premium siding (21.40%) Masonry Siding 25% of premium siding 141.25 sq. ft. of 565 sq. ft. required for masonry siding 241.75 sq. ft. masonry siding (~170%) Credit for major architectural feature 10% each 20% credit Needs to meet 30% (339.04 sq. ft.) of premium siding requirement FINAL PLAT OF SUBDIVISION COMMENTS: 1. PREVIOUSLY APPROVED PRELIMINARY PLANS – Preliminary/Final Plats for both Units 10 and 11 were approved by the City Council in February 2005 but were never recorded and have since expired. 2. CERTIFICATE BLOCK – The certificate block on Sheets 8 of 8 for Unit 10A and Unit 11A should be revised to reference “Approved and Accepted by the City Planning and Zoning Commission” rather than “City Plan Commission”.