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
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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
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Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - June 12, 2024
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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 .
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Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - June 12, 2024
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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.
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Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - June 12, 2024
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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
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Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - June 12, 2024
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(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
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Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - June 12, 2024
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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.
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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
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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
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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
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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.
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815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - June 12, 2024
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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.
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815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - June 12, 2024
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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.
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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
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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
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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?
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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.
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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
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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
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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.
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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
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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
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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?
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(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.
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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
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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
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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
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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
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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
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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 --
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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
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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.
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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
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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
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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?
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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
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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
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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
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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
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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,
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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
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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
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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
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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.
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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
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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
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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.)
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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.
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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
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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
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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,
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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 ---
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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.
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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. Certificate No. 084-02883
/s/
$
$10,000,000 [1] -
76:14
$300 [1] - 32:16
0
07 [1] - 27:6
08 [1] - 27:6
084-02883 [1] - 80:13
1
1 [1] - 79:11
10 [5] - 3:5, 34:2,
48:20, 49:4, 70:11
11 [1] - 3:6
11254 [1] - 14:2
12 [1] - 1:21
1286 [1] - 30:16
12th [1] - 34:23
13 [1] - 3:7
13-month [1] - 32:13
1314 [6] - 20:19,
34:13, 34:17, 36:3,
38:1, 39:11
138 [2] - 19:16
138.44 [1] - 7:20
14 [1] - 16:7
148.56 [1] - 7:3
14th [6] - 15:8, 15:14,
15:18, 34:24, 35:2,
42:17
15 [1] - 34:2
17 [2] - 14:5
180 [1] - 31:10
1st [1] - 80:8
2
20 [5] - 3:8, 45:21,
48:21, 62:21, 70:11
20-foot [2] - 23:18,
59:23
20-year [1] - 49:4
2016 [5] - 36:24,
38:18, 42:18, 66:3
2019 [1] - 38:19
2024 [2] - 1:21, 80:9
2024-07 [4] - 5:10,
6:13, 7:4, 8:11
2024-08 [6] - 5:11, 7:5,
7:21, 18:20, 20:4,
40:9
2024-15 [4] - 5:13,
7:22, 8:10, 44:8
220 [1] - 74:1
228 [1] - 47:11
228-acre [1] - 45:18
230 [1] - 8:9
24/7 [2] - 33:17, 45:8
25 [2] - 56:7, 56:8
250 [1] - 32:16
27 [1] - 3:9
270 [1] - 73:23
280 [1] - 8:23
29 [1] - 3:10
3
30 [2] - 3:11, 70:3
30-year [1] - 24:21
32 [1] - 45:10
34 [2] - 3:12, 28:9
35 [1] - 56:6
360 [1] - 34:1
360-degree [1] - 33:19
365 [1] - 45:8
4
42 [1] - 3:13
44 [1] - 3:14
445 [1] - 44:14
461 [1] - 10:14
4:00 [3] - 66:14, 66:22,
67:7
5
50 [2] - 24:2, 45:11
55 [4] - 69:14, 69:15,
69:21, 69:22
6
651 [1] - 1:17
7
70 [2] - 70:2, 70:3
7:00 [5] - 1:22, 13:3,
29:19, 29:20, 29:21
8
8 [1] - 3:4
80 [1] - 79:11
8:22 [1] - 78:5
A
a.m [2] - 67:7, 73:22
able [2] - 32:15, 52:22
absolutely [3] - 57:16,
65:24, 75:10
accepted [1] - 38:24
access [20] - 17:6,
17:7, 19:18, 19:20,
49:21, 49:22, 49:23,
50:17, 50:18, 52:9,
52:12, 52:15, 52:16,
52:17, 52:20, 52:24,
70:7, 71:11, 73:10,
73:11
accuracy [1] - 80:5
acoustic [2] - 60:24,
61:1
acoustical [3] - 60:4,
65:17, 65:18
acquire [1] - 19:13
acquired [1] - 46:8
acquiring [1] - 19:23
acquisition [2] - 9:17,
19:1
acreage [1] - 31:4
acres [10] - 7:3, 7:20,
8:9, 8:23, 14:5,
19:17, 31:15, 31:17,
47:11
action [1] - 79:24
active [1] - 44:23
actively [2] - 33:8,
66:6
actual [1] - 12:17
add [2] - 19:5, 68:13
adding [1] - 57:6
additional [8] - 19:4,
52:3, 52:5, 52:6,
52:7, 64:2, 69:6,
69:18
additionally [1] - 7:5
address [7] - 14:11,
24:15, 24:16, 35:12,
35:15, 40:23
addresses [1] - 35:13
adept [1] - 37:12
adhere [1] - 23:15
adjacent [1] - 53:9
admitted [1] - 50:6
adopted [2] - 36:24,
38:18
advance [1] - 14:24
advances [1] - 35:6
affect [4] - 24:14,
40:15, 40:16, 74:22
afford [1] - 28:15
Ag [1] - 33:7
aggregate [1] - 12:9
agree [3] - 21:5, 23:2,
35:21
agreement [2] - 14:13,
38:6
agricultural [1] -
27:13
ahead [2] - 28:4, 46:21
aided [1] - 79:14
air [1] - 75:2
alarm [1] - 66:23
Alice [1] - 16:17
aligned [1] - 49:23
almost [3] - 18:24,
36:1, 73:1
ALSO [1] - 2:10
amount [1] - 75:6
ample [5] - 50:14,
51:12, 52:1, 54:1,
54:5
AND [1] - 1:10
annex [4] - 21:19,
33:8, 35:8, 38:8
annexation [18] - 7:1,
7:18, 9:2, 14:9,
14:16, 15:3, 15:6,
15:11, 15:15, 16:14,
19:22, 21:7, 21:9,
23:2, 24:12, 34:22,
45:20
annexations [1] -
15:21
annexed [5] - 9:5,
17:4, 35:16, 35:18,
39:8
annexing [1] - 35:21
announced [1] - 32:20
answer [3] - 43:1,
62:5, 63:15
answers [2] - 32:22,
33:23
anticipate [1] - 69:19
anticipated [1] - 73:3
anyway [1] - 12:1
apologize [1] - 20:4
applicable [1] - 61:11
applicant [1] - 9:1
application [4] - 6:16,
7:8, 48:12, 63:6
applications [2] -
7:24, 75:11
applies [1] - 80:2
appropriate [3] -
12:14, 51:22, 63:6
approval [7] - 5:14,
6:22, 7:1, 7:16, 7:18,
8:4, 17:24
approvals [1] - 22:9
approve [1] - 23:1
approved [3] - 41:4,
43:14, 43:19
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearings - June 12, 2024
1
approximate [1] -
69:12
architectural [2] -
58:17, 59:3
area [19] - 8:24, 9:8,
10:22, 12:19, 16:20,
17:2, 19:6, 19:13,
26:4, 26:17, 27:14,
28:17, 29:15, 38:10,
38:12, 39:1, 46:5,
47:14, 73:2
areas [1] - 65:21
art [1] - 45:7
articulate [1] - 17:18
ascribe [2] - 37:21,
37:23
aspects [1] - 34:21
asphalt [1] - 52:6
assessed [3] - 12:3,
12:6, 12:9
assessor [1] - 11:23
assigns [1] - 35:13
associated [7] - 46:3,
46:15, 54:10, 59:17,
60:19, 72:20, 75:15
assume [4] - 14:14,
14:15, 17:20, 80:4
attach [1] - 24:9
attached [1] - 80:2
attention [1] - 12:19
attenuation [3] -
61:10, 61:14, 66:4
attorney [2] - 79:21,
79:22
attracted [1] - 19:12
Aurora [7] - 45:14,
53:16, 65:23, 66:2,
66:7, 72:20, 75:12
authorization [1] - 8:2
available [2] - 32:24,
47:18
Avenue [1] - 44:15
averaging [1] - 27:19
aye [1] - 5:23
B
B.S [1] - 43:2
background [4] -
57:6, 57:16, 57:19,
59:20
backup [1] - 59:11
badge [1] - 52:21
Bailey [1] - 42:9
BAILEY [2] - 3:13,
42:6
Baird [1] - 13:24
bamboo [3] - 31:5,
31:6, 31:8
Barksdale [1] - 2:11
Barksdale-Noble [1] -
2:11
barn [1] - 36:9
BARTALONE [24] -
3:6, 3:10, 11:13,
11:16, 11:19, 29:11,
29:14, 30:11, 43:4,
43:8, 64:4, 64:10,
65:4, 65:22, 66:13,
67:16, 67:21, 68:9,
68:12, 69:7, 69:10,
69:15, 70:15, 70:19
Bartalone [5] - 11:20,
29:15, 43:9, 64:12,
69:11
base [1] - 12:3
based [6] - 8:20, 35:7,
51:20, 63:4, 68:21,
70:11
basins [1] - 55:9
basis [1] - 61:6
Beacon [7] - 16:3,
16:4, 16:5, 16:8,
21:13, 21:15, 43:1
bearing [1] - 76:6
become [6] - 17:5,
32:21, 34:18, 36:4,
39:11, 56:20
becomes [1] - 74:12
Beecher [11] - 7:13,
8:8, 16:16, 46:2,
55:18, 55:19, 56:16,
57:12, 71:2, 71:7,
71:23
beefed [1] - 56:19
beginning [1] - 56:24
behalf [1] - 44:15
behind [4] - 28:5,
28:10, 30:4, 71:2
belabor [1] - 47:14
believes [1] - 73:19
beneficial [2] - 62:20,
62:23
benefit [2] - 31:19,
55:10
berm [1] - 23:12
better [1] - 61:22
between [3] - 28:6,
38:7, 61:14
beyond [1] - 22:10
big [4] - 12:10, 13:4,
33:1, 43:15
bikes [1] - 30:22
bill [1] - 12:12
bit [6] - 45:1, 50:24,
53:6, 55:21, 56:20,
68:13
Blackberry [3] - 28:5,
42:10, 43:9
BLOMGREN [16] - 3:7,
13:16, 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
Blomgren [1] - 13:23
blue [1] - 49:12
Board [1] - 61:13
board [4] - 10:2, 23:2,
33:22, 41:18
body [1] - 35:8
boon [1] - 12:9
border [1] - 36:17
borne [3] - 76:9,
76:13, 76:15
bottom [2] - 58:13,
59:18
bought [3] - 24:19,
32:16, 66:10
boundaries [1] - 35:14
boundary [6] - 14:13,
38:6, 38:14, 46:1,
46:2, 46:4
bounds [1] - 53:6
boxes [1] - 49:12
Bradd [3] - 63:11,
63:14
Brian [2] - 27:4, 70:21
BRIAN [8] - 3:9, 27:1,
27:4, 70:21, 71:13,
71:24, 72:4, 72:11
bring [5] - 9:7, 9:10,
10:21, 41:21, 59:4
Bristol [1] - 11:22
Brockovic [1] - 74:24
Brotherhood [1] -
10:14
brought [1] - 33:2
buffer [3] - 23:19,
56:13, 57:8
buffering [3] - 23:10,
23:11, 24:2
buffers [1] - 54:10
build [8] - 26:2, 46:17,
48:7, 48:19, 55:13,
61:5, 66:10, 70:10
build-out [2] - 48:19,
70:10
building [37] - 18:1,
30:7, 48:6, 48:11,
51:5, 51:9, 52:6,
58:4, 58:5, 58:7,
58:18, 58:22, 59:1,
59:5, 59:14, 59:15,
59:17, 60:8, 60:12,
60:16, 60:20, 60:22,
60:23, 61:8, 64:16,
64:22, 65:8, 65:9,
65:11, 65:13, 66:2,
66:21, 67:23, 69:2,
72:22, 73:2, 74:5
buildings [21] - 24:1,
49:10, 49:11, 49:13,
49:16, 50:14, 50:19,
51:4, 51:8, 51:10,
55:11, 57:15, 57:24,
58:1, 58:3, 59:8,
62:17, 66:2, 69:13,
69:20
built [5] - 11:4, 28:13,
53:16, 66:9, 73:21
bunch [1] - 72:2
Burlington [2] - 6:20,
8:7
busy [1] - 33:16
buy [3] - 31:4, 31:15,
31:16
buyers [1] - 17:20
buying [3] - 26:2,
32:1, 70:9
C
C.S.R [1] - 80:13
C1 [3] - 5:13, 7:22,
44:8
cahoots [1] - 36:2
calculates [1] - 12:11
call-outs [2] - 58:12,
58:13
campus [17] - 8:4,
48:19, 49:9, 49:18,
50:9, 50:15, 50:17,
50:19, 50:23, 51:7,
51:11, 52:2, 53:3,
53:4, 54:14, 57:3,
57:17
campuses [1] - 63:13
candid [1] - 34:13
cannot [1] - 71:22
Capital [3] - 6:14, 7:6,
8:20
capital [1] - 32:17
CARRABOTTA [4] -
3:13, 42:4, 42:6,
42:9
Carrabotta [1] - 42:10
carries [1] - 14:11
carry [1] - 14:10
cart [1] - 34:15
cart's [1] - 36:8
case [5] - 26:9, 45:16,
54:3, 56:3, 58:4
cases [2] - 53:10, 76:9
catching [1] - 73:17
category [1] - 13:20
center [12] - 8:4, 9:12,
9:22, 19:11, 45:4,
46:15, 48:2, 49:10,
49:16, 58:9, 59:10,
72:15
centers [4] - 45:11,
45:12, 74:21, 75:7
certain [1] - 75:11
certainly [5] - 20:7,
25:20, 26:14, 55:7,
76:24
certainty [2] - 48:16,
55:3
certificate [1] - 80:1
Certificate [1] - 80:13
Certified [1] - 79:3
certified [1] - 80:4
certify [2] - 79:5, 80:1
Chairman [1] - 2:2
CHAIRMAN [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
chance [4] - 28:3,
40:21, 41:1, 44:3
chances [1] - 41:2
change [3] - 27:11,
27:17, 27:19
changing [1] - 48:23
character [1] - 59:4
chasing [1] - 70:18
Chicago [1] - 8:21
children [2] - 28:20,
72:2
China [1] - 31:11
choices [1] - 69:1
CHRISTINE [2] - 79:3,
80:13
circa [1] - 66:3
circle [2] - 50:6, 50:11
circles [1] - 50:13
City [25] - 6:16, 7:1,
7:9, 7:19, 8:1, 9:6,
12:24, 15:12, 17:24,
24:12, 25:2, 27:21,
35:6, 37:21, 38:7,
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearings - June 12, 2024
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45:19, 48:7, 54:8,
66:7, 68:14, 71:1,
71:8, 72:9, 73:7,
74:13
city [17] - 9:4, 9:9,
9:13, 16:19, 17:4,
19:2, 20:23, 22:8,
32:24, 33:2, 49:22,
61:12, 65:15, 68:20,
69:4, 71:20, 74:9
CITY [1] - 1:6
City's [6] - 26:5,
46:13, 47:17, 47:19,
51:14, 51:15
city's [1] - 33:21
clarify [1] - 69:22
clarity [1] - 42:23
classification [4] -
5:11, 5:12, 6:18,
7:10
clean [1] - 31:11
clearly [1] - 4:16
click [2] - 37:5
clients [1] - 45:8
close [7] - 9:17, 11:20,
31:19, 40:9, 70:22,
73:8, 77:3
closed [1] - 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
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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
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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
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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“”“”“
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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:
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OF
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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:
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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:
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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:
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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.:
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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
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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“”“”“
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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
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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.
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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.
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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.
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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
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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;
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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
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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.
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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.
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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.
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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
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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]
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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”.