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Planning and Zoning Commission Packet 2024 09-11-24 PLANNING AND ZONING COMMISSION AGENDA Wednesday, September 11, 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: August 14, 2024 Citizen’s Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. CONTINUED PZC 2024-17 United City of Yorkville, petitioner, is requesting a text amendment to Chapter 8. UDO Review and Approval Procedures within the United City of Yorkville’s Unified Development Ordinance. The proposed text amendment will revise and clarify general application requirements, board/commission review, and procedures related to petitions for text and map amendments, annexations, annexation agreements, and economic incentive/development agreements within the United City of Yorkville’s Unified Development Ordinance. 2. PZC 2024-01 Yorkville Renewables, LLC, contract lessee, and Daniel A. and Charene S. Nagel, property owners, petitioners, have filed applications with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification, special use authorization, and a bulk regulation variance approval. The real property is located on the southwest corner of Galena Road and Illinois Route 47. The petitioners are requesting rezoning approval from R-2 Single-Family Traditional Residence District to A-1 Agricultural District. The petitioners are also requesting special use permit approval in pursuant to Section 10-8-5 of the Unified Development Ordinance for a solar farm. Lastly, the petitioners are requesting a bulk regulation variance to Section 10-4-13.B of the Unified Development Ordinance requesting a reduction in the north, west, and south property lines setback from 50 feet to 8 feet. Unfinished Business New Business 1. PZC 2024-17 United City of Yorkville, petitioner, is requesting a text amendment to Chapter 8. UDO Review and Approval Procedures within the United City of Yorkville’s Unified Development Ordinance. The proposed text amendment will revise and clarify general application requirements, board/commission review, and procedures related to petitions for text and map amendments, annexations, annexation agreements, and economic incentive/development agreements within the United City of Yorkville’s Unified Development Ordinance. Action Item Text Amendment United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us 2. PZC 2024-01 Yorkville Renewables, LLC, contract lessee, and Daniel A. and Charene S. Nagel, property owners, petitioners, have filed applications with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification, special use authorization, and a bulk regulation variance approval. The real property is located on the southwest corner of Galena Road and Illinois Route 47. The petitioners are requesting rezoning approval from R-2 Single-Family Traditional Residence District to A-1 Agricultural District. The petitioners are also requesting special use permit approval in pursuant to Section 10-8-5 of the Unified Development Ordinance for a solar farm. Lastly, the petitioners are requesting a bulk regulation variance to Section 10-4-13.B of the Unified Development Ordinance requesting a reduction in the north, west, and south property lines setback from 50 feet to 8 feet. Action Item Rezoning, Special Use, and Variance 3. PZC 2024-18 Kendall County Petition 24-07, Jerry Styrczula, petitioner, on behalf of A&D Properties, LLC is requesting site plan approval to operate a trucking business for the sale and storage of semi-trailers, small trailers, semi-tractors, and similar uses at 7789 Route 47. The real property is located north of Ament Road and immediately west of South Bridge Street in unincorporated Kendall County. Action Item 1.5 Mile Review 4. PZC 2024-20 Kendall County Petition 24-22, Leo M. Phillip is requesting an approval of a map amendment (rezoning) 11.6 +/- acres located at the northwest corner of Legion and East Highpoint Roads, commonly known as addressed 10835 Legion Road, from A-1 Agricultural District to R-1 One-Family Residential District. The purpose of the request is to construct approximately three (3) single-family houses. Action Item 1.5 Mile Review Additional Business 1. City Council Action Updates a. PZC 2024-16 2551 N. Bridge St., Illinois Department of Transportation, petitioner, and B&K Enterprises, LLC, owners, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a variance approval. The real property is located at 2551 N. Bridge St, Yorkville, Illinois and is generally located at the northwest corner of Route 47 and Cannonball Trail intersection. The petitioner is requesting a variance to permit the decrease of the minimum parking lot adjacent to an arterial roadway setback to 8.7 feet from the required 20 feet from the property line for the B-3 General Business District. Action Item Variance Adjournment DRAFT Page 1 of 3 PLANNING & ZONING COMMISSION City Council Chambers 651 Prairie Pointe Drive, Yorkville, IL Wednesday, August 14, 2024 7:00pm Meeting Called to Order Chairman Richard Vinyard called the meeting to order at 7:00pm, roll was called and a quorum was established. Roll Call Ryan Forristall-yes, Greg Millen-yes, Marge Linnane-yes, Richard Vinyard-yes Absent: Reagan Goins, Danny Williams, Rusty Hyett City Staff Krysti Barksdale-Noble, Community Development Director Sara Mendez, Planner1 Other Guests Lynn Dubajic Kellogg, City Consultant Chris Vitosh, Vitosh Reporting Service Gregg Ingemunson, Attorney Previous Meeting Minutes July 10, 2024 Motion by Ryan Forristall and second by Greg Millen to approve the minutes as presented. Roll call: Millen-yes, Linnane-yes, Vinyard-yes, Forristall-yes Carried 4-0. Citizen’s Comments None Public Hearings Chairman Vinyard said there are 2 Public Hearings scheduled for tonight, however, PZC 2024-17 for a text amendment was published, but additional staff review and material is needed. He asked for a motion to open the Hearing and continue it to the next PZC meeting on September 11th. So moved by Mr. Forristall and seconded by Mr. Millen. Roll call: Millen-yes, Linnane-yes, Vinyard-yes, Forristall-yes. Carried 4-0. Chairman Vinyard explained the procedure for the Public Hearing, taking of testimony and then swore in those who would present testimony. A motion was made and seconded by Mr. Forristall and Mr. Millen, respectively, at 7:04pm, to open the Public Hearing. Roll call: Linnane-yes, Vinyard-yes, Forristall- yes, Millen. Carried 4-0. Page 2 of 3 1. PZC 2024-16 2551 N. Bridge St., Illinois Department of Transportation, petitioner, and B&K Enterprises, LLC, owners, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a variance approval. The real property is located at 2551 N. Bridge St., Yorkville, Illinois and is generally located at the northwest corner of Route 47 and Cannonball Trail intersection. The petitioner is requesting a variance to permit the decrease of the minimum parking lot adjacent to an arterial roadway setback to 8.7 feet from the required 20 feet from the property line for the B-3 General Business District. Attorney Gregg Ingemunson said the variance is to permit the decrease of the minimum parking lot setback adjacent to an arterial roadway. The state is taking some of the land, so the variance is being requested. No further testimony was given so at approximately 7:05pm a motion was made by Mr. Forristall and seconded by Mr. Millen to close the Public Hearing. Roll call: Linnane- yes, Vinyard-yes, Forristall-yes, Millen-yes. Carried 4-0. (See Court Reporter's transcript) Unfinished Business None New Business 1. PZC 2024-16 2551 N. Bridge St. (same as description above) Ms. Mendez provided background for this petition and said Mr. Ingemunson is the attorney for IDOT as well as the property owners, B&K Enterprises, LLC. They are seeking a variance to permit a decrease in the minimum parking lot setback adjacent to an arterial roadway in the B-3 General Business district from 20 feet to 8.7 feet. The parcel is about 1.5 acres and an occupied office building is located there. At the time of final plat approval in 2006, it met the bulk regulations of the B-3 district. The reason for the petition is IDOT is acquiring land for widening of Rt. 47. The minimum parking spots are still met since 16 are required and they will still have 33. The land use is consistent with the Comp Plan and staff is supportive of the request. The UDO states that the Planning and Zoning Commission can make the final decision since the request is part of eminent domain. There was no discussion by the Commissioners. Action Item Variance A motion and second was made by Commissioners Forristall and Millen, respectively, to approve PZC 2024-16 and Mr. Forristall read the motion as follows: In consideration of testimony presented during a Public Hearing on August 14, 2024 and approval of the findings of fact, the Planning and Zoning Commission approves the decrease of the minimum parking lot setback adjacent to an arterial roadway in the B-3 General Business District from the required twenty (20) feet to 8.7 feet from the property line, as stated in section 10-3-9-A.4 of the Unified Development Ordinance for the property located at 2551 N. Bridge Street. Roll call: Vinyard-yes, Forristall-yes, Millen-yes, Linnane-yes. Carried 4-0. Page 3 of 3 Additional Business 1. City Council Action Updates a. PZC 2024-12 102 Worsley St. rezoning classification and variance. b. PZC 2024-14 Grande Reserve Units 10 & 11 Final Plat approval. Ms. Noble said both the above cases were approved by the City Council. In another matter, Ms. Noble said staff is proposing new member training either on November 13th at the regular meeting or moved into the next year. Commissioners should contact Ms. Noble with their input. Adjournment There was no further business and the meeting was adjourned at 7:13pm on a motion by Mr. Forristall and second by Mr. Millen. Unanimous voice vote approval. Respectfully submitted by Marlys Young, Minute Taker 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - August 14, 2024 1 UNITED CITY OF YORKVILLE YORKVILLE, ILLINOIS PLANNING AND ZONING COMMISSION PUBLIC HEARING 651 Prairie Pointe Drive Yorkville, Illinois Wednesday, August 14, 2024 7 :00 p .m . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - August 14, 2024 2 PRESENT: Mr. Rich Vinyard, Chairman, Mr. Greg Millen, Mr. Ryan Forristall, Ms. Marge Linane. ALSO PRESENT: Ms. Krysti Barksdale-Noble, Community Development Director; Ms. Sara Mendez, Planner; Ms. Marlys Young, Minute Taker. - - - - - I N D E X WITNESS:PAGE: Gregg Ingemunson 7 - - - - - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - August 14, 2024 3 (WHEREUPON, the following proceedings were had in public hearing:) CHAIRMAN VINYARD: So there are two public hearings scheduled for tonight's Planning and Zoning Commission meeting; however, PZC 2024-17, UDO Chapter 8 , UDO review and approval procedures, which was a text amendment, was published, but additional staff review is needed; therefore, this agenda item will be open and continued until the next Planning and Zoning Commission meeting. Due to the absence of staff material for this agenda item, may I have a motion to open and continue the public hearing scheduled for PZC 2024-17 from the August 14th, 2024 Planning and Zoning Commission meeting to the September 11th, 2024 Planning and Zoning Commission meeting at the same time and place as the originally planned hearing? So we are opening it now, we will continue it until the September meeting. Can I have a motion? MR. FORRISTALL: So moved. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - August 14, 2024 4 MR. MILLEN: Second. CHAIRMAN VINYARD: Roll call, please. MS. YOUNG: Yes. Millen. MR. MILLEN: Yes. MS. YOUNG: Linane. MS. LINANE: Yes. MS. YOUNG: Vinyard. CHAIRMAN VINYARD: Yes. MS. YOUNG: And Forristall. MR. FORRISTALL: Yes. MS. YOUNG: Thank you. CHAIRMAN VINYARD: Very good. Okay. So the public hearings for PZC 2024-17 have been continued to the September 11th, 2024 Planning and Zoning Commission meeting. The purpose of the hearing is to invite testimony from members of the public regarding the proposed request that is being considered before this Commission tonight. Public testimony from persons present who wish to speak may be for or against the request or to ask questions of the petitioner regarding the request being heard. Those persons wishing to testify are 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - August 14, 2024 5 asked to speak clearly, one at a time, and state your name and who you represent. You are also asked to sign in at the podium if you plan to speak during tonight's hearing as a petitioner or as a member of the public. Please stand and raise your right hand. MR. INGEMUNSON: I can testify. (The witness thereupon duly sworn.) CHAIRMAN VINYARD: So the order for receiving testimony here in the public hearing will be as follows: The petitioner presentation; those who wish to speak in favor of the request; followed by those who wish to speak in opposition of the request. So may I have a motion to open the public hearing on Petition number PZC 2024-16, 2551 North Bridge Street, requesting a variance? MR. FORRISTALL: So moved. MR. MILLEN: Second. CHAIRMAN VINYARD: Roll call on the motion, please. MS. YOUNG: Yes. Linane. MS. LINANE: Yes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - August 14, 2024 6 MS. YOUNG: Vinyard. CHAIRMAN VINYARD: Yes. MS. YOUNG: Forristall. MR. FORRISTALL: Yes. MS. YOUNG: And Millen. MR. MILLEN: Yes. MS. YOUNG: Thank you. CHAIRMAN VINYARD: Okay. So the public hearing up for discussion tonight is as follows: The Illinois Department of Transportation, the petitioner, and B & K Enterprises, LLC, owners, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a variance approval. The real property is located at 2551 North Bridge Street, Yorkville Illinois, and is generally located at the northwest corner of Route 47 and Cannonball Trail intersection. The petitioner is requesting a variance to permit the decrease of the minimum parking lot adjacent to an arterial roadway setback from 8 .7 feet from the required 20 feet -- to 8 .7 feet from the required 20 foot from the property line for B -3 General Business 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - August 14, 2024 7 District. Is the petitioner for PZC 2024-16, 2551 North Bridge Street, ready to present? GREGG INGEMUNSON, having been first duly sworn, testified as follows: MR. INGEMUNSON: There is not much really to present because you just called it right there. It's just based on the taking, they are widening the road of 47, so what we are doing is essentially making it so they have a variance so they later can't -- don't have to move their parking or remove it. CHAIRMAN VINYARD: Sir, these are the sign variances that I love approving. MR. INGEMUNSON: Yes, same thing. CHAIRMAN VINYARD: This is a clear-cut business transaction between the state and -- MR. INGEMUNSON: Well, we were going to need one of those, but we moved our take-back to seven-feet-ish, so we don't have a variance on that one, so that was two variances, so now we only need one for the parking, so that's all it is. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - August 14, 2024 8 CHAIRMAN VINYARD: Okay. Is there anyone who wishes to speak in favor of the request? (No response.) CHAIRMAN VINYARD: Anyone present who wishes to speak in opposition of the request? (No response.) CHAIRMAN VINYARD: Are there any questions from the commissioners for the petitioner? (No response.) CHAIRMAN VINYARD: So every time the state comes in and buys something that line gets moved back and we can't make up that distance, so that's why they are coming up, the typical variance on the ordinance to get that. All right. 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? MR. FORRISTALL: So moved. MR. MILLEN: Second. CHAIRMAN VINYARD: Roll call vote on the motion, please. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - August 14, 2024 9 MS. YOUNG: Yes. Linane. MS. LINANE: Yes. MS. YOUNG: Vinyard. CHAIRMAN VINYARD: Yes. MS. YOUNG: Forristall. MR. FORRISTALL: Yes. MS. YOUNG: And Millen. MR. MILLEN: Yes. CHAIRMAN VINYARD: Okay. The public hearing portion of tonight's meeting is closed. (Which were all the proceedings had in the public hearing portion of the meeting, concluding at 7 :07 p .m .) ---o 0 o --- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - August 14, 2024 10 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 11, was reported stenographically by me by means of machine shorthand, was simultaneously reduced to typewriting via computer-aided transcription under my personal direction, and constitutes a true record of the testimony given and the proceedings had; That the said public hearing was taken before me at the time and place specified; That I am not a relative or employee or attorney or counsel, nor a relative or employee of such attorney or counsel for any of the parties hereto, nor interested directly or indirectly in the outcome of this action. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - August 14, 2024 11 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 21st day of July, 2024. __________________________________ CHRISTINE M. VITOSH, C.S.R. Certificate No. 084-02883 /s/ 1 Summary This memo highlights two (2) key areas necessitating a proposed text amendment to Chapter 8 of the Unified Development Ordinance (UDO): 1. Clarification of Public Hearing and Mailed Notice Requirements for Annexation Agreement Requests The need for this amendment was driven by the Hagemann Trust annexation agreement application, which exposed confusion within the UDO regarding the requirement for mailed notices in cases involving annexation agreements. To resolve this, staff proposes revisions aimed at making the requirements for public hearings and mailed notices more explicit, ensuring that all stakeholders have a clear understanding of the procedures. 2. Correction of Additional Inconsistencies and Errors in Chapter 8 of the UDO In addition to clarifying the annexation notice requirements, this amendment seeks to rectify other unrelated issues within Chapter 8. Specifically, the amendment will reconcile inconsistencies between the text and graphical representations within the UDO, and correct various oversights and grammatical errors that were identified during a comprehensive review by staff and the City Attorney. In addition to the text, recommended revisions are also specific to the following tables/figures within the UDO: Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures, Table 10-8- 4(B)(1): Notice Methods by Board/Commission Review and Action Procedure, Figure 8.2. Subdivision Procedure, Figure 8.4. Text Amendment, and Figure 8.6 Annexation Procedure. Chapter 8 - Unified Development Ordinance Chapter 8 of the Unified Development Ordinance (UDO) outlines the processes and authorities for various development approvals, including special uses, planned unit developments, variations, subdivisions, appeals, map and text amendments, annexations, and building permits. It also defines the roles of key officials, such as the Zoning Administrator, Zoning Officer, and the various review bodies, including the Plan Council, Economic Development Committee, and Planning and Zoning Commission. When adopting the UDO, staff and consultants made minimal changes to the existing zoning authorities. A key goal of the UDO Advisory Committee was to include flow charts and tables that visually simplify the review and approval processes for the public and developers. During the Hagemann Trust annexation agreement application, it was discovered that a guidance table incorrectly required mailed public hearing notices to property owners within 500 feet, instead of just a published notice in a local newspaper, as mandated by state law and established city practice. Upon realizing this, staff held an additional public hearing and sent certified mail notices to the nearby property owners. Following this, staff and the City Attorney thoroughly reviewed Chapter 8 to recommend procedural corrections, specifically for annexation and annexation agreement notice Memorandum To: Planning and Zoning Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: September 4, 2024 Subject: PZC 2024-17 Chapter 8: UDO Review & Approval Procedures Proposed Text Amendment 2 requirements, to ensure clarity and consistency with state laws without altering the original intent of the UDO. We also identified other non-related text inconsistencies and grammatical errors within the chapter and are making additional recommendations for amendment. Proposed Text Amendments Below is a bullet point summary of the proposed amendments to the text, tables, and figures in Chapter 8 of the Unified Development Ordinance (UDO) Review and Approval Procedures. To simplify reference, the amendments are listed in the order they appear in the UDO. However, staff has categorized each change in the memo as either "Annexation" or "Non-Annexation" to clearly differentiate between clarifications on public hearing and mailed notice requirements for annexations and other unrelated corrections. 1. NON-ANNEXATION - Section 10-8-2(A): General Application Requirements (page 4 of 37) • Added the word “text” to clarify that a “text amendment” does not require an application and can also be initiated by the majority beneficiary of a land trust and the Mayor. 2. ANNEXATION - Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures (page 10 of 37) as detailed below: Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures Petition Review Procedure Plan Council Economic Development Committee Planning and Zoning Commission City Council Special Use A A R1 D Subdivision A A R D Planned Unit Development A A R1 D Variation A A R1 /D3 D3 Appeal D Text Amendment A R1 D Map Amendment A2 A R1 D Annexations A2 A D Annexation Agreements A2 A D4 Economic Incentive/Development Agreement A2 A D Key: A = Advisory Body R = Recommending Body D = Decision Making Body 1 = Public Hearing Notice Required 2 = Optional Review Step at the Zoning Administrator's discretion 3 = Authorized Variances per Section 10-8-9.B 4 = Taxing Body Notice per Table 10-8-4 (B)(1) • NON-ANNEXATION - Revised table regarding the petition review procedures for a Variation to denote those authorized variations can be decided solely by the Planning and Zoning Commission. This is to ensure that the text within the table is consistent with the provisions approved under Section 10-8-9.B. 3 • ANNEXATION - Added “Annexation Agreements” as a separate petition from an “Annexation”. o As recommended by the City Attorney, voluntary petitions for annexations that do not include requests for rezoning or variations should not require a public hearing. This is also consistent with Division 1 of Article 7 of the Illinois Municipal Code (65 ILCS 5/7-1-1, et seq.) which regulates the various means of annexing property to a municipality. o Therefore, any request by a developer/property owner/petitioner solely seeking annexation, without a request for an annexation agreement, variance, or for rezoning from the assigned R-1 designation upon annexation, will not be required to have a public hearing, publish a notice in the newspaper or send certified mailed notices. • ANNEXATION - Noted that only “Annexation Agreements” require taxing body notice as further defined in Table 10-8-4(B)(1) per Division 1 of Article 7 of the Illinois Municipal Code (65 ILCS 5/7-1-1, et seq.). • NON-ANNEXATION - Clarified that the Plan Council meeting requirement is an optional review step, subject to the discretion of the Zoning Administrator, for Map Amendments (Rezonings), Annexations, and Annexation Agreements. • ANNEXATION - Removed the word “Hearing” from #1 under the Key within the Table to read “1= Public Notice Required” and added the word “Public” in Section 10-8-4(B) for consistency in terminology. 3. ANNEXATION - Table 10-8-49B)(1): Notice Methods by Board/Commission Review and Action Procedure (page 10-11) as detailed below: Table 10-8-4(B)(1): Notice Methods by Board/Commission Review and Action Procedure Petition Review Procedure Published Notice Mailed Notice Special Use ● ● Special Use Major Amendment ● ● Planned Unit Development ● ● Planned Unit Development Major Amendment ● ● Variation ● ● Map Amendment ● ● Text Amendment ● Annexations ● ● Annexation Agreements ● 1 Economic Incentive/Development Agreement Key: ● = Required Notice Method 1= Required Notice only to Trustees of Fire Protection District and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction. 4 • ANNEXATION - Revised table to reflect petitions for “Annexation” without requests for zoning or variances do not require a published notice or mailed notice. • ANNEXATION - Revised table to reflect petitions for “Annexation Agreement” require a published notice and require only a mailed notice to the Trustees of the Fire Protection District and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under the township jurisdiction to reflect state statute. o This has been staff’s practice for all annexations, but this language clarifies and codifies that process. 4. NON-ANNEXATION - Section 10-8-4(B)(2): Published Notice (page 11 of 37) • Added the requirement for the legal description, parcel index number (PIN), and/or address of the subject property, if applicable, to be included as part of the published notice. o This has been staff’s practice for all required published notices, but this language clarifies and codifies that process. 5. ANNEXATION - Section 10-8-4(B)(3): Mailed Notice (page 11 of 37) • Clarified that the mailed notices can either be sent by the applicant or the City, at the discretion of the Zoning Administrator, and clarified that the mailed notices must be sent within 15-30 days prior to the hearing date. This is consistent with the language for published notice. Further, it explains an affidavit for mailing is only required when the applicant sends the notices. o This has been staff’s practice for all required mailed notices, but this language clarifies and codifies that process. • Adds Section 10-8-4(B)(3)(b). Annexation Agreements. This section establishes the requirement for mailed notices for annexation agreement requests be sent to Trustees of the Fire Protection District and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under the township jurisdiction no less than ten (10) days prior to the hearing date, per the Illinois Municipal Code statutes. o This has been staff’s practice for all required mailed notices, but this language clarifies and codifies that process. 6. NON-ANNEXATION - Section 10-8-4(C): Recording of Documents (page 11 of 37) • Adds the word “map” to clarify that the requirement for recordation is for a map amendment or rezoning. 7. NON-ANNEXATION - Section 10-8-6(D): Amendments to Approved Subdivisions (page 11 of 37) • Added a reference to Section 10-8-3(D)(1) with regard to Minor Amendments to Approved Subdivisions to make those provisions applicable here. o Corrects an oversight in the previously approved UDO which did not add a reference to Section 10-8-3(D)(1) which provides administrative authority to correct errors or omissions on a filed Final Plat, such as legal description errors, typographical and mapping errors, lot identification errors, and surveyor corrections. 5 8. NON-ANNEXATION - Section 10-8-11. Text Amendments (page 32 of 37) • Revised list of initiators of a text amendment to be consistent with previously proposed revised Section 10-8-2(A)(2). 9. NON-ANNEXATION - Figure 8.4 Text Amendment Procedure (page 32 of 37) • Corrected a typographical error on the chart to accurately reflect the procedure is for a “text” amendment rather than a “map” amendment. 10. NON-ANNEXATION - Section 10-8-12. Map Amendments (page 33 of 37) • Revised the Map Amendment Review Standards as follows: o Added the text “make findings of fact…based upon the following standards” to reflect these standards must be considered when determining a rezoning, per Illinois State case law. o Deleted duplicate standard “ The proposed Map Amendment is consistent with the Comprehensive Plan and the purposes of this UDO.” o Added text “unless otherwise granted relief as specified in Section 10-8-9. Variations” to the standards which requires the proposed parcel(s) to be rezoned meet the minimum frontage and area requirements of the requested zoning district. o Added the following additional standards which were used previously under the former Yorkville Zoning Ordinance and were recommended by the City Attorney and staff to be inserted back into the considerations for rezoning to be consistent 6 with Illinois case law findings in LaSalle Nat’l Bank of Chicago v. County of Cook (1957) and Sinclair Pipeline Co. v. Village of Richton Park (1960): 1. The community need for the proposed use, and 2. 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. 11. ANNEXATION - Section 10-8-13. Annexations (page 35 of 37) • Deletes incorrect reference to Annexation petitions may requiring a community meeting as recommended by the Plan Council prior to the Planning and Zoning Commission public hearing date. o Annexation petitions do not require a public hearing before the Planning and Zoning Commission. o Inconsistent with proposed changes to Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures. • Deletes incorrect reference to City Council holding a public hearing for an annexation petition. o Annexation petitions that do not seek an annexation agreement do not require a public hearing before City Council. o Inconsistent with proposed changes to Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures. • Deletes the word “agreement” in Section 10-8-13(C) to clarify this provision is only related to annexation petitions also requesting map amendment (rezoning) or variations. • Adds the following language specific to petitions for Annexation Agreements: o Petition for Annexation Agreement. All petitions for Annexation which does not include requests for rezoning classification, other than those assigned to property upon annexation into the City, or a request for variations, but seek other approvals by the City Council shall require an annexation agreement. The City Council shall hold a public hearing on the proposed annexation. The City Clerk shall publish notice of the public hearing as required in Section 10-8-4(B). 12. ANNEXATION - Figure 8.6 Annexation Procedure (page 36 of 37) • Revised text to add “Agreement” to accurately reflect the flow chart is for “Annexation Agreement” procedures rather than an “Annexation”. • Removed the text regarding a Community Meeting to be consistent with the text in Section 10-8-13: Annexation. Staff Comments Staff recommends adopting the proposed revisions to Chapter 8 of the UDO Review and Approval Procedures, which will clarify the steps and requirements for petitions seeking entitlement approvals, regulation changes, and public notices, while ensuring consistency with state statutes and case law. 7 Proposed Motion: In consideration of testimony presented during a Public Hearing on September 11, 2024 and discussions conducted at that meeting, the Planning and Zoning Commission recommends approval to the City Council of a request to amend Chapter 8 of the UDO Review and Approval Procedures in the Unified Development Ordinance to revise and clarify general application requirements, board/commission review, and procedures related to petitions for text and map amendments, annexations, annexation agreements, and economic incentive/development agreements, as presented in a staff memorandum dated September 4, 2024 and further subject to {insert any additional conditions of the Planning and Zoning Commission}… Attachments 1. Proposed redlined amendments to Chapter 8. UDO Review & Approval Procedures 2. Public Hearing Notice Affadavit United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 1 of 37 Chapter 8. UDO Review and Approval Procedures 10-8-1. Administrative Authorities ..................................................................................................................................................... 1 10-8-2. General Application Requirements ....................................................................................................................................... 4 10-8-3. Permits, Certificates, and Administrative Review ................................................................................................................. 5 10-8-4. Board/Commission General Review and Action Procedures ............................................................................................. 10 10-8-5. Special Uses ....................................................................................................................................................................... 11 10-8-6. Subdivision Procedures ...................................................................................................................................................... 15 10-8-7. Required Improvements. .................................................................................................................................................... 21 10-8-8. Planned Unit Development ................................................................................................................................................. 24 10-8-9. Variations ............................................................................................................................................................................ 29 10-8-10. Appeals............................................................................................................................................................................. 31 10-8-11. Text Amendments ............................................................................................................................................................ 32 10-8-12. Map Amendments ............................................................................................................................................................ 33 10-8-13. Annexations ...................................................................................................................................................................... 35 10-8-14. Economic Incentive/Development Agreement .................................................................................................................. 36 10-8-1. Administrative Authorities A. Zoning Administrator. The Director of the Department of Community Development shall be the Zoning Administrator and shall enforce and administer the regulations of this Title, including the following responsibilities: 1. Assist in providing public information relative to all matter pertaining to this title and open records for public inspection, as deemed required by law. 2. Receive and review applications for all procedures related to this Title. 3. Receive applications for County mile and one-half reviews and forward to the Planning and Zoning Commission and City Council. 4. Forward materials to the applicable review and/or decision-making committees as applicable. 5. Interpret the regulations when questions arise, including but not limited to: a. Determine which uses, though not contained by name in a zoning district list of permitted uses, are of the same general character and permit their establishment. b. Determine the parking or loading class of a use which is not contained by name in a parking or loading class. 6. Maintain permanent and current records pertaining to this Title, including, but not limited to, all maps, amendments, variations, appeals, and publications thereof. 7. Administer the comprehensive plan and interpret the provisions pertaining to building and site design considering such factors as contextual appropriateness, consistency with the City's general policies, and community need or benefit. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 2 of 37 8. Identify all nonconforming structures and uses. 9. Delegate other duties as may be placed upon them by this Title. B. Zoning Officer. The Building Code Official shall be the Zoning Officer and be responsible for enforcing this Title, including the following responsibilities: 1. Issue all certificates of use and occupancy and maintain records thereof. 2. Conduct inspections of building, structures, and use of land to determine compliance with the terms of this Title. 3. Issue violation notices and citations for violations of this Title. 4. Require that all construction or work of any type be stopped when such work is not in compliance with this Title; and revoke any permit which was unlawfully issued. 5. Review all cases of encroachment in required yards. 6. Issue citations and notify violators from decisions made by the Administration Adjudication Hearing Officer, Planning and Zoning Commission and City Council. C. Plan Council. The Plan Council may consist of the City Administrator, Community Development Director, City Engineer, Building Code Official, Public Works Director, Director of Parks and Recreation, Police Chief, Sanitary District Director, Fire District representative, or designee from each respective department. The Plan Council shall have the following responsibilities and procedures: 1. The Plan Council shall meet on an as needed basis and the petitioner(s) shall also be present at the meeting. 2. The City Administrator shall have final authority regarding members and meeting schedule for the Plan Council. 3. Review all development applications, requests, and documents including but not limited to site plans, concept plans, annexations, planned unit developments, map amendments, text amendments, special use, variance, preliminary and final plats for compliance with City ordinances, standards, and policies. 4. Work cooperatively with the applicant(s) to find mutually acceptable site design and improvement solutions to specific site problems, in accordance with City ordinances, standards and policies. 5. Prepare recommendations based upon review of site plans and documents to the applicant(s), committee(s), and Planning and Zoning Commission prior to holding of a public hearing on the application. D. Economic Development Committee. The Economic Development Committee consists of four (4) City Council members which are appointed by the mayor and shall have the following authorities and responsibilities: 1. Review development applications and serve as an advisory body to any petitioner(s) seeking approval on all documents including but not limited to text amendments, map amendments, planned unit developments, variations, special uses, and plat applications. 2. Comments and advice given by the Economic Development Committee to any petitioner(s) is for general informational knowledge and to address any potential issues with an application with regards to City ordinances, standards, and policies. E. Planning and Zoning Commission. The Planning and Zoning Commission, which has been created and appointed by the mayor, shall have the following authorities and responsibilities. 1. To hear and make recommendations to the Mayor and City Council on all applications including but not limited to text amendments, map amendments, planned unit developments, variations, special uses, and plat applications. 2. To initiate, direct, and review, from time to time, studies of the provisions of this Title, and to make reports of its recommendations to the Mayor and City Council. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 3 of 37 3. To perform such duties of a Plan Commission as authorized by division 12 of the Illinois Municipal Code (65 ILCS 5/11- 12-1 et seq.). 4. To hear and make recommendations to the Mayor and City Council on all matters upon which it is required to pass under this Title. 5. To prepare and recommend to the Mayor and City Council a comprehensive plan or updates thereto for the present and future development or redevelopment of the City. 6. To hear and act upon requests for interpretations of this Title and appeals of decisions made by the Zoning Administrator or Zoning officer. 7. To hear and decide all matters referred to it and upon which it is required to pass under the zoning ordinance as prescribed by statute. 8. To perform such duties of a Zoning Board of Appeals as authorized by division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1 et seq.). 9. Grant authorized Variations from the regulations as stated in Section 10-8-9 of this Title. 10. To perform such additional duties as are outlined in this Ordinance, the City of Yorkville Code of Ordinances, or the Illinois Municipal Code. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 4 of 37 10-8-2. General Application Requirements A. Authorization. 1. An application for any request or procedure, except for text amendments, may be filed only by the owner or lessee of the property, or by an agent or contract purchaser specifically authorized by the owner to file such application. 2. An application for an text amendment may be filed initiated by an owner, lessee, agent, majority beneficiary of a land trust, or contract purchaser of property located in the City or by the Mayor and City Council, Planning and Zoning Commission, Zoning Administrator, or City Administrator. B. Filing. 1. An application for any request or procedure shall be filed with the Zoning Administrator. 2. The application shall be on forms provided by the City and shall be filed in such number as the instructions provide. 3. All plans shall be at a scale sufficient to permit a clear and precise understanding of the proposal. 4. The application shall include all information, plans, and data, specified in the forms provided by the City and sufficient to determine whether the application will conform to the requirements set forth in this Title. C. Completeness. 1. The Zoning Administrator shall determine whether the application is complete. 2. If the application is not complete, the Zoning Administrator shall notify the applicant of any deficiencies and shall take no steps to process the application until the deficiencies are remedied. 3. Dormant Applications. a. If the Zoning Administrator determines that the application is incomplete, it will become dormant under these circumstances: (1) The applicant has been notified of such deficiencies and has not responded or provided a timeline for completing the application within ninety (90) days from the time of notification. (2) The applicant has not responded in writing to a request for information or documentation from staff or the initial Planning and Zoning Commission review within six (6) months from the date of that request. (3) The applicant has not responded to a request for legal or engineering deposit replenishment for City incurred costs and fees within ninety (90) days from the date of the request. b. If the Zoning Administrator has sent the required notice and the applicant has not withdrawn their application or brought it into compliance, then the director shall terminate the application. After termination, the application shall not be reconsidered except after the filing of a completely new application. c. Withdrawal or termination of an application shall not affect the applicant’s responsibility for payment of any costs and fees, or any other outstanding debt owed to the city. The balance of any funds deposited with the city that is not needed to pay for costs and fees shall be returned to the applicant. 4. Once the Zoning Administrator has determined that the application is complete, the application shall be scheduled for consideration at the appropriate meeting, as needed. D. Fees. 1. Every application shall be accompanied by the required filing fee as established and modified, from time to time, by the City Council provided in Section 1-7-9 of the Yorkville Municipal Code. 2. No fees shall be waived, and no fees shall be refunded except those authorized by the Mayor, City Administrator, or their designee in their sole discretion. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 5 of 37 E. Withdrawal of Application. An applicant shall have the right to withdraw an application at any time prior to the decision on the application by the Planning and Zoning Commission or City Council. Such withdrawal shall be in writing. F. Successive Applications. 1. A subsequent application shall not be reviewed or heard within one (1) year of the date of denial unless there is substantial new evidence available or if a significant mistake of law or of fact affected the prior denial. 2. Such subsequent applicant shall include a detailed statement of the grounds justifying its consideration. 3. The Zoning Administrator shall decide as to whether the subsequent application provides substantial new evidence. 4. If the Zoning Administrator finds that there are no grounds for consideration of the subsequent application, they shall summarily and without hearing deny the request. 10-8-3. Permits, Certificates, and Administrative Review A. Summary of Administrative Review and Action. Table 10-8-3(A) summarizes the Administrative Review and Approval Procedures and identifies the administrator that serves as the review and decision-making body. B. Building Permit. 1. Permit Required. A building permit issued by the Zoning Officer shall be required for the construction, reconstruction, enlargement, or relocation of any building or structure. It shall be unlawful for any person to erect, move, add to, or structurally alter any building or structure, or to use or change the use of any building or land without a building permit. 2. Placement. The permit shall be posted in a prominent place on the premises prior to and during the period of construction, reconstruction, enlargement, or moving. 3. Compliance. Before a building permit is issued for the erection, moving, alteration, enlargement or occupancy of any building or structure or use of premises, the plans and intended use shall indicate conformity in all respects to the provisions of this Title. 4. Requirements. a. Site Plan. Every application for a building permit submitted to the officer shall be accompanied by a site plan and/or plat of survey, drawn to scale, showing the lot and the building site and the location of existing building on the lot, accurate dimensions of the lot, yards and building or buildings, together with locations and uses, together with such other information as may be necessary to the enforcement of this title. b. PIN Number and Address. Every application shall include the Property Index Number (PIN), lot number, and/or address of the parcel where the improvement is being located. Administrative Review Procedure Zoning Administrator Zoning Officer Building Permit ○● Certificate of Occupancy ○● Lot Split ● Sign Permit ○● Temporary Use Permit ●○ Table 10-8-3(A): Summary of Administrative Review and Approval Procedures Key: ● = Review and Decision Making Body ○ = Review Body United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 6 of 37 c. Fees. No approval shall be issued until appropriate fees have been paid as stated in Section 1-7-9 of the Yorkville Municipal Code. 5. Review Process. a. A building permit application shall be reviewed by both the Zoning Officer and Zoning Administrator or an appointed designee of their choosing. b. The Zoning Officer and Zoning Administrator or their appointed designee will ensure that every application is in compliance with this Title and all other adopted municipal regulations. c. Site plan review is required prior to the issuance of a building permit to certify compliance and shall be required for any development meeting one of the following criteria. (1) New development, including the construction or placement of any new building(s) or expansion of any existing building. (2) Any development which will increase the overall impervious lot coverage of a parcel. (3) Any development subject to off-street parking and loading requirements. d. The Zoning Officer shall act upon each application after it is filed in compliance with the provisions of this Title and provide the applicant(s) with a fee receipt. e. In the case that an application is not in compliance with this Title or the application provided insufficient information then the Zoning Officer shall notify the applicant, in writing, of said official's refusal to issue an approval detailing the reason(s) for the refusal. 6. Expiration and Lapse of Approval. The applicant shall have six (6) months from the date of approval to secure a building permit to carry out the proposed improvements. If a building permit has not been obtained within six (6) months of the date of approval, the approval shall expire. An extension of the time requirements may be requested in writing and granted by the Zoning Administrator for good cause shown by the applicant, provided a written request is filed with the City at least two (2) weeks prior to the respective deadline. C. Certificate of Occupancy. 1. A Certificate of Occupancy shall be required for any of the following, except buildings incidental to agricultural operations other than residences: a. Occupancy and use of a building hereafter erected or enlarged. b. Change in the use of an existing building. c. Occupancy and use of vacant land except for the raising of crops. d. Change in the use of land to a use of a different classification except for the raising of crops. e. Any change in the use of a nonconforming use. 2. No such occupancy, use or change of use shall take place until a Certificate of Occupancy therefor shall have been issued. 3. Review Process. a. A Certificate of Occupancy shall be reviewed by both the Zoning Officer and Zoning Administrator. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 7 of 37 b. The Zoning Officer and Zoning Administrator shall ensure that every application is in compliance with this Title and all other adopted municipal regulations. c. Zoning Officer Action. The Zoning Officer shall act on an application for a Certificate of Occupancy within ten (10) business days after a written request for the same has been submitted to the Zoning Officer. 4. Temporary Certificate of Occupancy. Pending the issuance of such a certificate, the Zoning Officer may issue a temporary Certificate of Occupancy for a period of not more than six (6) months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance. a. Renewal. Such temporary certificate may be renewed an additional six (6) months, but it shall not be construed in any way to alter the respective rights, duties, or obligations of the owner or of the City relating to the use or occupancy of the land or building, or any other matter covered by this title, and such temporary certificates shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants. 5. Records Of Action. A record of all certificates of occupancy shall be kept on file by the Zoning Officer and a copy shall be forwarded, on request, to any person having proprietary or tenancy interest in the building or land affected. D. Lot Splits. 1. Applicability. A lot split is a subdivision which meets any one (1) if the following conditions. a. The split of a single lot into three (3) or fewer lots. b. Subdivisions solely for the creation of public right of way or other public tracts of land. c. Lot line or boundary adjustments to a filed Final Plat. d. Correction of errors or omissions on a filed Final Plat, such as legal description errors, typographical and mapping errors, lot identification errors, and surveyor corrections. 2. Lot Split Review Criteria. a. Comprehensive Plan Alignment. The Lot Split is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City. b. Compliance. The Lot Split is consistent with the provisions of this Title and the governing zoning district. 3. Zoning Administrator Review and Action. Upon the determination of completeness, the application shall be reviewed by the Zoning Administrator to ensure the application conforms to the criteria in Subsection 2 above. Based upon their review, the Zoning Administrator shall approve or deny the Lot Consolidation/Split application in writing. 4. Advancement To Variance. The Zoning Administrator may advance any Lot Consolidation/Split application to a Subdivision in instances that, in the opinion of the Zoning Administrator, require public input and review by the Planning and Zoning Commission to approve or deny. Any Lot Consolidation/Split advanced to a Subdivision shall follow the procedure in Section 10-8-6. E. Sign Permit. 1. Purpose. A Sign Permit shall be required prior to the display, copy change, construction, erection, or alteration of a sign, and its structural components, on any property to verify compliance with all applicable standards of this Title and the applicable sections of the building code as adopted by the City. All electrical installations associated with the erection and installation of a sign must be done in accordance with the adopted Building and Electrical Codes. 2. Exemptions. Signs exempt from a permit are listed in Section 10-6-4 of this Title. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 8 of 37 3. Sign Permit Review Criteria. To approve the issuance of a Sign Permit, the Zoning Administrator and Zoning Officer shall make an affirmative finding that all applicable provisions of this Title, the Building Code, and all other City ordinances are met. 4. Review Process. a. A Sign Permit application shall be reviewed by both the Zoning Officer and Zoning Administrator. b. The Zoning Officer and Zoning Administrator shall ensure that every application complies with this Title, the Building Code, and all other adopted municipal regulations. c. Zoning Officer Action. Based upon their review, the Zoning Officer shall approve or deny the Sign Permit application in writing. 5. Expiration and Lapse of Approval. A Sign Permit shall become null and void, if work authorized under the permit has not been completed within six (6) months of the date of issuance. 6. Comprehensive Sign Plan. Signage may also be approved through a Comprehensive Sign Plan as specified in Section 10-6-8. F. Temporary Use Permit. 1. Purpose. A Temporary Use Permit shall be required prior to the commencement of a Temporary Use identified in Table 10-3-12. 2. Temporary Use Permit Review Criteria. To approve a Temporary Use Permit, the Zoning Administrator shall make an affirmative finding that the following criteria are met: a. Land Use Compatibility. The Temporary Use shall be compatible with the purpose and intent of this Title and the district in which it will be located. The Temporary Use shall not impair the normal, safe, and effective operation of a permanent use on the same site. The Temporary Use shall not endanger or be materially detrimental to the public health, safety, or welfare, or injurious to property or improvements in the immediate vicinity, given the nature of the activity, its location on the site, and its relationship to parking and access points. b. Compliance with Other Regulations. A Building Permit or temporary Certificate of Occupancy may be required before any structure used in conjunction with the Temporary Use Permit is approved, constructed, or modified. All structures and the site shall meet all applicable building code, UDO, and fire code standards and shall be promptly removed upon the cessation of the use or event. Upon cessation of the use or event, the site shall be returned to its previous condition, including the removal of all trash, debris, signage, attention attracting devices, or other evidence of the special event or use. c. Hours of Operation and Duration. The duration and hours of operation of the Temporary Use shall be consistent with the intent of the event or use, and compatible with the surrounding land uses. The duration and hours of operation shall be established by the Zoning Administrator at the time of approval of the Temporary Use Permit. d. Traffic Circulation. The Temporary Use shall not cause undue traffic congestion or accident potential given anticipated attendance and the design of adjacent streets, intersections, and traffic controls, as determined by the City Engineer. e. Off-Street Parking. Adequate off-street parking shall be provided for the Temporary Use, as determined by the Zoning Administrator, and it shall not create a parking shortage for any of the other existing uses on the site. f. Public Conveniences and Litter Control. Adequate on-site restroom facilities and on-site solid waste containers may be required as deemed appropriate by the Zoning Administrator. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the City. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 9 of 37 g. Appearance and Nuisances. The Temporary Use shall be compatible in intensity, appearance, and operation with surrounding land uses, and shall not impair the usefulness, enjoyment, or value of adjacent property due to the generation of noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution. h. Other Conditions. The Zoning Administrator may establish any additional conditions deemed necessary to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, screening/buffering requirements, and guarantees for site restoration and cleanup following the Temporary Use. Conditions may include, but shall not be limited to: (1) Modifications or restrictions on the hours of operation, duration of the event, size of the activity or other operational characteristics. (2) If the permit applicant requests the City to provide extraordinary services or equipment or if the Zoning Administrator otherwise determines that extraordinary services (e.g., traffic control or security personnel) or equipment should be provided to protect public health or safety, the applicant shall pay to the City a fee sufficient to reimburse the City for the costs of these services if not provided by the applicant. This requirement shall not apply if the event or use has been anticipated in the budget process and sufficient funds have been included in the budget to cover the costs incurred. 3. Review Process. a. A Temporary Use Permit shall be reviewed by both the Zoning Officer and Zoning Administrator or an appointed designee of their choosing. b. The Zoning Officer and Zoning Administrator shall ensure that every application complies with this Title, the Building Code, and all other adopted municipal regulations. c. Zoning Administrator Review and Action. Upon determination of completeness, the application shall be reviewed by the Zoning Administrator to ensure the application conforms to the criteria in Subsection (F)(2) above. Based upon their review, the Zoning Administrator shall approve or deny the Temporary Use Permit application in writing. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 10 of 37 10-8-4. Board/Commission General Review and Action Procedures A. Summary of Board/Commission Review and Approval Procedures. Table 10-8-4(A) summarizes the Board and Commission Review and Approval procedures and identifies the appropriate boards or commissions that serve as recommending or decision-making bodies. Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures Petition Review Procedure Plan Council Economic Development Committee Planning and Zoning Commission City Council Special Use A A R1 D Subdivision A A R D Planned Unit Development A A R1 D Variation A A R1 /D3 D3 Appeal D Text Amendment A R1 D Map Amendment A2 A R1 D Annexations A2 A D Annexation Agreements A2 A D14 Economic Incentive/Development Agreement A2 A D Key: A = Advisory Body R = Recommending Body D = Decision Making Body 1 = Public Hearing Notice Required 2 = Optional Review Step at the Zoning Administrator's discretion 3 = Authorized Variances per Section 10-8-9.B 4 = Taxing Body Notice per Table 10-8-4 (B)(1) B. Public Notice Requirements. 1. Notice Requirements by Procedure. Table 10-8-4 (B)(1) summarizes the notice requirements per Board and Commission review and approval procedure. Table 10-8-4(B)(1): Notice Methods by Board/Commission Review and Action Procedure Petition Review Procedure Published Notice Mailed Notice Special Use ● ● Special Use Major Amendment ● ● Planned Unit Development ● ● Planned Unit Development Major Amendment ● ● Variation ● ● Map Amendment ● ● Text Amendment ● United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 11 of 37 Annexations ● ● Annexation Agreements ● 1 Economic Incentive/Development Agreement Key: ● = Required Notice Method 1= Required Notice only to Trustees of Fire Protection District and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction. 2. Published Notice. The City shall cause a notice to be published in a newspaper of general circulation within the City. The notice shall include the date, time, place and purpose of such hearing, the name of the applicant and the legal description, parcel index number (PIN), and/or address of the subject property, if applicable. Such notice shall be published not less than fifteen (15) days nor more than thirty (30) days in advance of the scheduled hearing date. 3. Mailed Notice. The applicant or the City, at the discretion of the Zoning Administrator, shall mail notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto, with return receipt requested, to all owners of record whose lot or portion of a lot lies within five-hundred (500) feet of the applicable site’s outermost property line. The notice shall state the date, time, place, and purpose of the hearing, and shall be sent not less than fifteen (15) days nor more than thirty (30) days in advance of the scheduled hearing date. a. Affidavit Required. If such notice is mailed by the applicant, The the applicant shall file a sworn affidavit containing a complete list of the names and last known addresses of all owners of record entitled to notice and served, andserved and attach thereto all United States Post Office return receipts as documentation of compliance with provisions in this subsection 3. Such affidavit and the return receipts must be submitted to the Zoning Administrator no later than twenty-four (24) hours in advance of the public hearing. a.b. Annexation Agreements. The applicant or the City, at the discretion of the Zoning Administrator, shall only mail notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto, with return receipt requested, to the Trustees of Fire Protection District, and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction. The notice shall state the date, time, place, and purpose of the hearing, and shall be sent not less than ten (10) days in advance of the scheduled hearing date, in accordance with Section 7-1-1 et seq. of the Illinois Municipal Code (65 ILCS 5/7-1-1, et seq.) 4. Cost of Notice. All costs associated with mailed and published notice, as required by this UDO, shall be the responsibility of the applicant. C. Recording of Documents. Recording of documents as required by the City in instances of special use, variation, subdivision, consolidation, map amendment, or Planned Unit Development or otherwise required by state statutes, shall be completed by the City Clerk and at the expense of the applicant. Notice of all fees shall be furnished to the applicant by the Zoning Administrator and paid prior to the recording of documents. 10-8-5. Special Uses A. Purpose. The Special Use process is intended to provide the City additional discretion in the approval process for uses which, because of their unique characteristics, require additional consideration due to the potential impact on neighboring land and of the public need for the particular use at the particular location. B. Procedure. The Special Use process will require the review of the following bodies unless otherwise determined by the Zoning Administrator: United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 12 of 37 1. Plan Council. The Plan Council shall review the application and report to the Planning and Zoning Commission its findings and recommendations. a. A community meeting of area/neighborhood property owners explaining the proposed Special Use conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date. 2. Economic Development Committee. The Economic Development Committee shall review the application and report to the Planning and Zoning Commission its findings and recommendations. 3. Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and recommendations, including the recommended stipulations of conditions and guarantees as part of the approval. 4. City Council. The City Council shall consider the Planning and Zoning Commission’s recommendation, the Zoning Administrator report, and public comment received at the Planning and Zoning Commission public hearing, and shall approve, conditionally approve, or deny the Special Use, or refer the Special Use back to the Planning and Zoning Commission for further consideration. 5. Recordation. Any approved Special Use shall be recorded with the City Clerk. C. Protest. In the event of written protest against any proposed Special Use, signed and acknowledged by the owners of twenty (20) percent of the frontage adjacent thereto, or across an alley, or directly opposite therefrom, such Special Use shall not be granted except by the favorable vote of two-thirds (⅔) of all members of the City Council. In such cases of written protest, a copy of the written protest shall be served by the protestor(s) on the applicant for the proposed Special Use and a copy upon applicant's Attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed Special Use. D. Standards. No Special Use shall be recommended by the Planning and Zoning Commission or approved by the City Council unless the following are found: 1. The establishment, maintenance or operation of the Special Use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare. 2. The Special Use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within or near the neighborhood in which it is to be located. 3. The establishment of the Special Use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or shall be provided. 5. Adequate measures shall be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The proposed Special Use is not contrary to the objectives of the City’s adopted Comprehensive Plan. E. Conditions and Guarantees. Prior to the granting of any Special Use, the Planning and Zoning Commission may recommend and the City Council may require conditions and restrictions, upon establishment, location, construction, maintenance, and operation of the Special Use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in Subsection F of this section. In all cases in which Special Uses are considered the Planning and Zoning Commission may recommend and the City Council may require such evidence and guarantees as it may deem necessary as proof that the conditions in connection with the Special Use are being and will be complied with as required. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 13 of 37 F. Approval. Any application for a Special Use which fails to receive a majority vote for favorable recommendation or favorable recommendation with conditions from the Planning and Zoning Commission shall not be approved except by the favorable vote of two-thirds (⅔) of all the members of the City Council, and any Special Use application which receives the favorable recommendation or favorable recommendation with conditions from the Planning and Zoning Commission may be denied by a majority vote of the City Council. G. Expiration and Lapse of Approval. In any case where a Special Use has been granted pursuant to the provisions of this chapter, such approval shall become null and void unless it is constructed and in active use within three (3) years of the date of issuance. An applicant may request an extension of an additional year, to be approved by a majority vote of the City Council. H. Amendments to Approved Special Uses. 1. Determination of Level of Change. Upon receiving a Special Use amendment application, the Zoning Administrator shall determine whether the amendment is a minor amendment, or a major amendment based on the criteria detailed in Section 10-8-5(H)(2) below. 2. Major Amendment. A major amendment is any proposed change to an approved Special Use that results in one or more of the following: a. Increase in the intensity of the site’s use, b. Additional noise, glare, odor, or other impacts that are detectable from off-site c. Affects the subject property in a manner that inhibits its continued use or reuse, or d. Results in a change inconsistent with any standards or conditions imposed by the City Council in approving the Special Use, as determined by the Zoning Administrator 3. Minor Amendment. A minor amendment is any proposed change to an approved Special Use that is consistent with the standards and conditions upon which the Special Use was approved, which does not alter the concept or intent of the Special Use and is not considered a major amendment as detailed in Section 10-8-5(H)(2). 4. Approval Process. a. Major Amendments. A major amendment to an approved Special Use shall follow the procedure for a Special Use approval set in Section 10-8-5(B). b. Minor Amendments. (1) Zoning Administrator Review. The minor amendment shall be reviewed by the Zoning Administrator for compliance with the Comprehensive Plan and the applicable standards of this UDO. The Zoning Administrator shall then make a recommendation to City Council to approve or deny the application. (2) City Council Review. The minor amendment shall be reviewed by the City Council to ensure that the application meets the applicable review criteria. Based on the review, the City Council shall approve or deny the application. Any amendment shall not be approved except by the favorable vote of two-thirds (⅔) of all the members of the City Council. Any minor amendment shall be approved by the City Council by ordinance. (3) Recordation. The minor amendment shall be recorded with the City Clerk. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 14 of 37 Figure 8.1. Special Use Procedure United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 15 of 37 10-8-6. Subdivision Procedures A. Purpose. The purpose of this section is to establish the procedures regarding the subdivision, development, and platting of land, the preparation of plats, installation of utilities, and extension of streets and highways. B. General Provisions. 1. Zoning District Compliance. No subdivision shall be approved unless it conforms to all of the requirements of this Title. Whenever there is a discrepancy between minimum standards or dimensions of this Title, building codes or other adopted regulations, codes, or ordinances, the most restrictive shall apply. 2. Comprehensive Plan Conformance. a. All proposed subdivisions shall conform to the most recently adopted Comprehensive Plan. b. The arrangement, character, extent, width, grade, and location of all streets shall conform to all the elements of the Comprehensive Plan and shall be designed in accordance with sound planning and engineering principles as well as the improvement provisions outlined in this Section. 3. Subdivision Review Criteria. a. Comprehensive Plan Alignment. The Final Plat is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City. b. Compliance. The Final Plat is consistent with the provisions of this Title and the governing zoning district. C. Subdivisions. 1. Applicability. Any subdivision of land dividing or consolidating two (2) or more lots or parcels. 2. Easements. When a subdivision will result in a lot having inadequate access to utility easements, dedication of easements will be required in accordance with the requirements of the Zoning Administrator and the City Engineer. 3. Access and Streets. The splitting of land shall provide each lot with access to a public street or highway, so that access to each lot is assured. 4. Preliminary Plan. The petitioner or landowner may submit for a Preliminary Plan prior to a Final Plat. a. Approval of the Preliminary Plan is tentative only and shall be effective for a period of twelve (12) months. If the Final Plat has not been recorded within this time limit, the Preliminary Plan must again be submitted for approval, unless upon application by the subdivider, the City Council grants an extension. An extension period shall not exceed two (2) twelve-month periods. b. The procedure for a Preliminary Plan will follow the procedures outlined in Section 10-8-6(C)(7) of this Title. 5. Final Plan. The petitioner or landowner may submit directly for a final plat. 6. Plat of Subdivision, Plat of Resubdivision or Plat of Consolidation Requirements. a. Size. The plat of subdivision shall be drawn in ink, at a scale of one (1) inch equals one hundred (100) feet or larger, on a nonfading, stable, Mylar material. b. Numbering. When more than one (1) sheet is used for any document, each sheet shall be numbered consecutively and shall contain a notation giving the total number of sheets in the document and shall show the relation of that sheet to the other sheets. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 16 of 37 c. Information. (1) Legal Description. Legal descriptions shall commence at the intersections of section lines and/or quarter section lines when reasonably practical to do so. The developer shall also submit the final plat to the City in digital form, in a format acceptable to the City. The coordinate system for the final plat shall be the Illinois State Plane Coordinate System, East Zone, NAD 83, or the current National Spatial Reference System. (2) Monuments. All monuments erected, corners, and other points established in the field in their proper places. The material of which monuments, corners, or other points are made shall be noted as the representation thereof, or by legend, except lot corners need not be shown. (3) Exterior Boundary Lines. The exact length and bearing of all exterior boundary lines, public grounds, meander lines, and easements, unless they parallel a noted boundary. (4) Widths. The exact width of all easements, streets, and alleys. (5) Lot Lines. The dimensions of all lot lines, to the nearest one-hundredth of a foot. (6) Setback Lines. Building setback lines on all lots. (7) Consecutive Numbering. All lots consecutively numbered within consecutively numbered blocks. (8) Lot Angles. The number of degrees, minutes, and seconds of all lot angles or bearings of same, other than ninety (90) degrees, except that when the line in any tier of lots is parallel, it shall be sufficient to mark only the outer lots. When any angle is between a curve and its tangent, the angle shown shall be that between the tangent and the main chord of the curve. When between curves of different radii, the angle between the main chords shall be shown. (9) Circular Curves. When a street is on a circular curve, the main chord of the centerline shall be drawn as a dotted line in its proper place; and, either on it, or preferably in adjoining table, shall be noted its bearing and length, the radius of the circle of which the curve is a part, and the central angle extended. The lot lines on the street sides may be shown in the same manner, or by bearings and distances. When a circular curve of thirty-foot radius or less is used to round off the intersection between two (2) straight lines, it shall be tangent to both straight lines; it shall be sufficient to show on the plat the radius of the curve and the tangent distances from the points of curvature to a point of intersection of the straight lines. (10) Street Names. The name of each road or street in the plat shall be printed thereon, which name shall not duplicate the name of any other street, unless it is an extension thereof. (11) Abutment. Abutting state highway lines and streets of adjoining plats shown in their proper location by dotted lines. The width, names, and recording document numbers of these streets and highways and plats shall also be given. (12) Dedicated Lands. All lands dedicated to public or private use, including roads, streets, and existing easements, shall be clearly marked and recording document numbers shown on the plat. (13) Watercourses and Drainage. All watercourses, drainage ditches, and other existing features pertinent to subdivision. (14) Access to Lakes or Streams. Where provisions are made for access from any subdivision to any lake or stream, the plat shall show the area over which the access is provided to the lake or stream, together with a small-scale drawing, clearly indicating the location of the subdivision in relation to the lake or stream, and the location of the area over which access is provided. (15) Survey Monuments. The description and location of all survey monuments placed in the subdivision shall be shown upon final plat. Permanent monuments shall be of concrete, reinforced with one (1) number four United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 17 of 37 vertical rod, and not less than five (5) inches in diameter by twenty-four (24) inches long or four (4) inches square by twenty-four (24) inches in length, set flush with the adjacent ground. Each permanent monument shall have a suitable mark in the center of the top. Concrete monuments shall be erected at a minimum of two (2) exterior boundary corners. Metal monuments not less than one-half inch in diameter and twenty-four (24) inches in length shall be placed in the ground at all lot corners, intersections of streets, intersections of streets and alleys with plat boundary lines, and at all points on street, alley, and boundary lines where there is a change in direction or curvature. All monuments and stakes shall be set in the ground before the streets and alleys are accepted for public maintenance. (16) Survey. A surveyor holding a current, valid registration in Illinois shall perform the survey, and if the error in the latitude and departure closure of the survey is greater than the ratio of 1/5,000, the plat may be rejected. (17) Certificates of Approval. The current City approved certificates of approval to be shown on final plat, as applicable: (a) Surveyor. (b) Owner. (c) Notary. (d) City Administrator. (e) Township Highway Commissioner, if applicable. (f) County Supervisor of Highways, if applicable. (g) Illinois Department of Transportation, if applicable. (h) City Clerk. (i) City Planning and Zoning Commission, Chairman. (j) City Council Certificate. (k) County Clerk. (l) County Recorder. (m) City Engineer. 7. Procedure. The subdivision process will require the review of the following bodies unless otherwise determined by the Zoning Administrator: a. Plan Council. The Plan Council shall review the Final Plat and report to the Planning and Zoning Commission its findings and recommendations. (1) A community meeting of area/neighborhood property owners explaining the proposed Subdivision conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission meeting. b. Economic Development Committee. The Economic Development Committee shall review the Final Plan and report to the Planning and Zoning Commission its findings and recommendations. c. Planning and Zoning Commission. After reviewing the Final Plat, the Planning and Zoning Commission shall recommend either approval or denial of the Final Plan to City Council in writing and its reasons for such recommendation. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 18 of 37 d. City Council. The Final Plat shall be reviewed by the City Council to ensure that the application meets all the applicable review criteria. Based on the review, the City Council shall approve or deny the Final Plat. Any final plat shall be approved by the City Council by ordinance. e. Recording of Final Plat. The Final Plat shall be recorded by ordinance with the County Recorder of Deeds, within ninety (90) days from the date of final approval, or final approval shall be considered null and void. This requirement shall not apply when delay in recording a plat is due to circumstances beyond the control of the City or developer. All necessary fees owed to the City shall satisfied in relation to the project and any required security posted prior to the recordation of the final plat is also required. D. Amendments to Approved Subdivisions. 1. Determination of Level of Change. Upon receiving a Subdivision Amendment application, the Zoning Administrator shall determine whether the amendment is a major amendment, or a minor amendment based on the criteria in Section 10-8-6(D)(2) below. 2. Major Amendment. A major amendment is any proposed change to an approved Subdivision that results in one or more of the following changes: a. Increase in density, b. Increase in the number of dwelling units, c. Reduce open space by more than five (5) percent, d. Modify the proportion of the housing types proposed, e. Change parking areas in a manner that is inconsistent with those in the approved subdivision, f. Alter alignment of roads, utilities, or drainage, or g. Result in any other change inconsistent with any standard or condition imposed by the City Council in approving the Subdivision as determined by the Zoning Administrator. 3. Minor Amendment. A minor amendment is any proposed change to an approved Subdivision that is consistent with the standards and conditions upon which the Subdivision was approved or meets the criteria set forth in Section10-8- 3(D)(1) of this Title, which does not alter the concept or intent of the Subdivision and is not considered a major amendment as detailed in Section 10-8-6(D)(2). 4. Approval Process. a. Major Amendments. A major amendment to an approved Subdivision shall follow the procedure set in Section 10-8-6(C)(7). b. Minor Amendments. A minor amendment to an approved Subdivision, other than those set forth in Section 10-8- 3(D)(1) of this Title, shall be reviewed as follows.: (1) Zoning Administrator Review. The minor amendment shall be reviewed by the Zoning Administrator for compliance with the Comprehensive Plan and the applicable standards of this UDO. The Zoning Administrator shall then make a recommendation to City Council to approve or deny the application. (2) City Council Review. The minor amendment shall be reviewed by the City Council to ensure that the application meets all the applicable review criteria. Based on the review, the City Council shall approve or deny the minor amendment. Any minor amendment shall be approved by the City Council by ordinance. (3) Recordation. An approved minor amendment shall be recorded by ordinance with the County Recorder of Deeds, within ninety (90) days from the date of final approval, or final approval shall be considered null and United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 19 of 37 void. This requirement shall not apply when delay in recording a plat is due to circumstances beyond the control of the City or developer. All necessary fees owed to the City shall be satisfied in relation to the project and any required security posted prior to the recordation of the final plat is also required. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 20 of 37 Figure 8.2. Subdivision Procedure United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 21 of 37 10-8-7. Required Improvements. 1. Improvement Requirements Prior to Filing Final Plat. Upon approval of both the Final Plan and the plans and specifications for the required subdivision improvements by the Planning and Zoning Commission, Director of Public Works, and the City Engineer, and upon approval of the appropriate agencies as evidenced by state and county permits, where required, the applicant may construct and install the required subdivision improvements prior to filing the final plat with the Planning and Zoning Commission for final approval or post a construction guarantee for the public improvements. If construction does not begin within four (4) years of Final Plat approval, the subdivider may be required to revise the plat to comply with new City requirements. 2. Subdivision Securities. a. Construction Guarantee. In lieu of construction in Section 10-8-7(E) of this chapter, the subdivider shall post with the City prior to recordation of the Final Plat, a construction guarantee in the form of an irrevocable letter of credit or irrevocable performance bond, payable to the United City of Yorkville, sufficient to cover the full cost, plus twenty (20) percent, of the required improvements, as estimated by the engineer employed by the subdivider and approved by the City Engineer, to ensure the satisfactory installation of required improvements as outlined in this chapter, and contained in the approved plans and specifications prior to the recording of the final plat. A surety or bank recognized by the State of Illinois, and carrying a rating sufficient to cover the cost of construction, and approved by the City Attorney, shall issue the bond or letter of credit posted. The subdivider shall use the standard bond form or letter of credit form used by the City. Construction guarantee shall not be reduced to below twenty (20) percent of the approved engineer's estimate prior to acceptance of the public improvements by the City. The construction guarantee shall not expire for at least one (1) year. Subsequent renewals of the construction guarantee shall also be for a period of at least one (1) year. b. Projects Nearing Two (2) Years. Projects nearing (2) two years into construction will receive a status inquiry letter from the City Engineer and require an updated public improvement completion (PIC) schedule. c. Projects Nearing Three (3) Years. Projects nearing (3) three years into construction will receive a status inquiry letter from the City Engineer with a punchlist of uncompleted improvements and will require an updated PIC schedule. d. Projects Nearing Four (4) Years. Projects nearing four (4) years into construction will receive a status inquiry letter from the City Engineer with a punchlist of uncompleted improvements, require an updated PIC schedule and formal notification that the project will be in default if an extension is not requested and approved prior to the four- year construction deadline. e. Projects Over Four (4) Years. Projects over four (4) years into construction will receive notification of default from the City Engineer, at the City Council direction, indicating that the letter of credit or performance bond is subject to a demand for call within sixty (60) days of the date of the notice should the developer not seek an extension for completion. f. Reduction of Subdivision Securities. Final acceptance, approval of land improvements and corresponding reduction or release of letters of credit and/or performance bonds shall be as follows: (1) The City Engineer shall issue a written recommendation including the basis for approving, denying, or modifying a request for reduction. The recommendation shall include the amount of the reduction based upon the engineer's estimate of probable cost as adjusted by an inflation factor from the initial date of issuance of the letter of credit or performance bond to the date of reduction. In order to calculate the inflation factor, the "Engineering News Record" construction cost index shall be used. The City Engineer shall also determine the remaining amount of the letter of credit and/or performance bond after the reduction. (2) The City Engineer's written recommendation shall be forwarded to the City Administrator for approval. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 22 of 37 (3) Following the City Administrator's concurrence with the City Engineer's recommendation, the reduction shall be deemed approved or denied and the City Engineer is authorized to issue a letter to implement the decision. (4) In the event the City Administrator does not concur with the City Engineer's recommendation, the Mayor shall have the final authority to approve or deny the City Engineer's recommendation. (5) A developer may appeal the decision of the City Administrator to the Mayor, who shall review and make a final determination to affirm or reverse the City Administrator's initial decision. (6) The City Administrator or designee shall issue reports quarterly or more frequently as deemed appropriate, to the Mayor and City Council that summarize letter of credit and/or performance bond reduction requests that have been received and actions taken pursuant to those requests. 3. Construction Warranty. a. The subdivision irrevocable performance bond or letter of credit shall be released after an appropriate City Council action accepting the improvements for public ownership. Except as provided in subsection (b) of this section, this subdivision letter of credit or performance bond will not be released until a one-year maintenance bond or letter of credit is posted with the City Clerk for ten (10) percent of the land improvement cost, to ensure that all improvements will properly function as designed, with no defects before the City Council formal acceptance. b. A maintenance guarantee shall be required for all landscaping but shall not be required for improvements that are on private property that do not serve, benefit, or impact properties other than the one (1) being developed. c. It is a violation of this Code to fail to complete an infrastructure component that results in harm to the public improvement system or in the potential failure of the system. 4. Filing. Not more than ten (10) months after Final Plan approval, four (4) copies of the proposed Final Plans and specifications, engineer's estimates prepared and sealed by a professional engineer currently registered with the State of Illinois, and subdivision bond or letter of credit, shall be filed with the City Engineer, and shall provide all necessary information for the following, as applicable: a. Streets, b. Curbs and gutter, c. Storm drainage, including storm sewers and stormwater detention, building storm drains (footings, roof, etc.), d. Comprehensive drainage plan, including grades of surface drainageways, e. Sanitary sewerage system, f. Water supply and distribution, g. Public utility locations, h. Streetlights, i. Sidewalks, j. Street signs, guardrails, and other special requirements, k. Parkway trees, and l. Payment in full of all City fees. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 23 of 37 5. Construction and Inspection. a. Written notice to proceed shall be obtained from the City Engineer prior to beginning any work covered by the approved plans and specifications for the above improvements. Authorization to begin work will be given upon receipt of all necessary permits, including all culvert permits required when proposed new or changed subdivision roads intersect any presently existing road, and work must proceed in accordance with construction methods of this section and the City's standard specifications for improvements. b. The subdivider shall pay all expenses incurred by the United City of Yorkville to provide field inspections and testing of all construction work and materials before, during, and after construction. c. On-street parking during build out of the development shall be limited to one (1) side only of all streets. In general, parking will not be allowed on the side of the street where fire hydrants are located. The developer shall post signage, as required by the Yorkville Police Department. d. Dumpsters, work trailers, and construction materials shall not be stored or located in roadways or public rights-of- way at any time, without exception. e. The subdivider is required to submit an acknowledgment of public improvement completion (PIC) schedule in a form approved by the City Attorney and City Engineer. The PIC schedule shall include the following information: (1) The schedule when public improvements are to be completed. (2) The schedule shall state that the City will place as a condition in the Final Plat of subdivision approval ordinance or PUD ordinance that the development must have all streets, sewers, water mains, streetlights, and other public improvements installed in a workmanship-like manner within four (4) years of initial construction. (3) The schedule will require the subdivider/developer to provide proof by a title search that all accepted infrastructure is free and clear of all liens and encumbrances. (4) The schedule shall state that the subdivider/developer will maintain the public improvements until they are approved and accepted by the City. 6. As-Built Plans. After completion of all public improvements, and prior to final acceptance of said improvements, the subdivider shall make, or cause to be made, a map showing the actual location of all valves, manholes, stubs, sewer and water mains, and such other facilities as the Director of Public Works shall require. This map shall bear the signature and seal of an Illinois registered professional engineer. The presentation of this map shall be a condition of final acceptance of the improvements, and release of the subdivision bond or letter of credit assuring their completion. The coordinate system for as built drawings shall be NAD27 Illinois State planes, east zone, U.S. foot (IL-E). The "as built" plans shall be submitted on reproducible Mylar, and digitally in a format acceptable to the City. 7. Acceptance of Dedication, Improvements. a. Final acceptance of the dedication of open space or other public areas shall mean the responsibility for the maintenance of the same. Approval of the Final Plat does not constitute final acceptance. b. Recordation of the Final Plat shall be dependent on presentation of proof of responsibility for the maintenance of all community improvements. c. All public improvements shall be accepted only by resolution of the City Council, after a formal petition for approval has been submitted by the subdivider to the City Clerk. Such petition shall be filed after completion of the public improvements. The City Engineer and the Director of Public Works shall, make recommendations in report form to the City Council. All petitions shall be acted upon by the City Council within thirty (30) days from receipt of such recommendations of the City Engineer and Director of Public Works. A maintenance bond will then be United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 24 of 37 required in the amount of ten (10) percent of the cost of the land improvements, as specified in this title, after City Council acceptance. 10-8-8. Planned Unit Development A. Purpose and Intent. The purpose of the regulations, standards, and criteria contained in this Section is to provide an alternate procedure under which land can be developed or redeveloped with innovation, imagination, and creative architectural design when sufficiently justified under the provisions of this Section. The objective of the Planned Unit Development process is to accommodate a higher level of design and amenity than is possible to achieve under otherwise applicable UDO regulations. The end result can be a product which fulfills the objectives of City plans and policies, including but not limited to the Comprehensive Plan, while departing from the strict application of the regulations of this UDO. The Planned Unit Development is intended to permit and encourage such flexibility and to accomplish the following purposes: 1. To promote long term planning pursuant to the City of Yorkville Comprehensive Plan and other relevant plans and City policies. 2. To stimulate creative approaches to the commercial, residential, and mixed-use development of land. 3. To provide more efficient use of land. 4. To preserve natural features and provide open space areas and recreation areas in excess of that required under this UDO. 5. To develop new approaches to the living environment through variety in type, design and layout of buildings, transportation systems, and public facilities. 6. To unify buildings and sites through design. B. General Provisions. 1. Any development encompassing four (4) or more acres in area shall be approved as a Planned Unit Development in accordance with this UDO. 2. Each Planned Unit Development shall be presented and judged on its own merits. It shall not be sufficient to base justification for approval of a Planned Unit Development solely upon an already existing Planned Unit Development except to the extent such Planned Unit Development has been approved as part of a development master plan. 3. The burden of providing evidence and persuasion that any Planned Unit Development is necessary and desirable shall rest with the applicant. C. Planned Unit Development Relation to Base District Standards. 1. A Planned Unit Development, if approved, shall be a Special Use. 2. A Planned Unit Development, if approved, may allow for modifications to the standards of the base district. All such modifications shall be referred to as site development allowances. 3. Notwithstanding any limitations on Variations which can be approved as contained elsewhere in this UDO, site development allowances may be approved provided the applicant specifically identifies each site development allowance in the Planned Unit Development application and demonstrates how each site development allowance would be compatible with surrounding development; is necessary for proper development of the site; and is aligned with a minimum of one (1) of the modification standards detailed in Section 10-8-8(D). 4. All approved site development allowances shall be delineated in the ordinance approving the Planned Unit Development as a Special Use as it applies to the subject property. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 25 of 37 D. Modification Standards. An applicant seeking a site development allowance shall be required to justify their request through the provision of tangible benefits to the City of Yorkville by meeting a minimum of one (1) of the modification standards detailed below. 1. Landscape Conservation and Visual Enhancement. The Planned Unit Development preserves and enhances existing landscape, trees, and natural features such as rivers, streams, ponds, groves, and landforms. 2. Sustainable Design. The Planned Unit Development is designed with consideration given to various methods of site design and building location, architectural design of individual buildings, employment of an alternative energy system or solution, and landscaping design capable of reducing energy consumption and improving onsite stormwater management. 3. Public Gathering Space. The Planned Unit Development includes public gathering space, the amount of which is proportional to the size of buildings or number of dwelling units. The public gathering space is activated through the use of moveable tables and chairs, a fountain or other water feature, a sculpture or other public art feature, benches, seat walls, raised landscape planters, pedestrian scale, and celebratory lighting such as string lights, and/or other features. The public gathering space is integrated into the overall design of the Planned Unit Development and has a direct functional or visual relationship to the main building(s) and is not of an isolated or leftover character. 4. Placemaking. The Planned Unit Development has a distinctive identity and brand that is utilized in the signs, streetscape, architecture, public gathering spaces, open spaces, etc. 5. Universal Design. the Planned Unit Development includes buildings designed with accessible features such as level access from the street and/or zero entry thresholds. 6. High Quality Building Materials. The Planned Unit Development utilizes time and weather tested building materials that are of a higher quality than what is otherwise required by this UDO. 7. Age-Targeted Development. The Planned Unit Development includes residential dwelling units, amenities, and design characteristics intended to accommodate the lifestyles and needs of senior citizens. 8. Affordability. The Planned Unit Development includes residential dwellings that are deed restricted for households that make less than or equal to eighty (80) percent of the Kendall County median income. 9. Provision of a Public School. The Planned Unit Development includes a facility that directly supports the functioning or operation of the Yorkville Community Unit School District or another public school district. 10. Provision of a Regional Park. The Planned Unit Development includes a park of sufficient size and with high quality amenities adequate to draw visitors and provide recreational opportunities for residents throughout the region in addition to serving residents of Yorkville. The regional park is integrated into the design of the Planned Unit Development and has a direct relationship to the other main buildings and uses on-site. 11. Funding or Construction of Public Roadways. The Planned Unit Development includes the construction of roadways adjacent to the subject site as planned in the City of Yorkville Comprehensive Plan, Kendall County Long- Range Transportation Plan, or another transportation plan adopted by a local, County, or regional entity. 12. Regional Utility Improvements. The Planned Unit Development involves the construction of a utility improvement identified in the City or Yorkville Comprehensive Plan or other policy document adopted by a local, County, or regional entity. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 26 of 37 E. Standards of Review. The following standards for review shall be utilized in the review of a Planned Unit Development application as a whole, including any requested site development allowances and the modification standards proposed to justify those requests. The standards of review in this Section shall be considered in addition to the standards for Special Use Permits as specified in Section 10-8-5. No application for a Planned Unit Development shall be approved unless the City Council finds that the application meets all of the following standards: 1. Plan and Policy Alignment. The Planned Unit Development is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City. 2. Integrated Design with Identifiable Centers and Edges. The Planned Unit Development shall be laid out and developed as a unit in accordance with an integrated overall design, in which the various land uses function as a cohesive whole and support one another. The design shall provide identifiable centers, which form focus areas of activity in the development, and edges, which define the outer borders of the development, through the harmonious grouping of buildings, uses, facilities, public gathering spaces, and open space. 3. Public Welfare. The Planned Unit Development is designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare. 4. Compatibility with Adjacent Land Uses. The Planned Unit Development includes uses which are generally compatible and consistent with the uses of adjacent parcels. If the uses are not generally compatible, all adverse impacts have been mitigated through screening, landscaping, public open space, and other buffering features that protect uses within the development and surrounding properties. 5. Impact on Public Facilities and Resources. The Planned Unit Development is designed so that adequate utilities, road access, stormwater management, and other necessary facilities will be provided to serve it. The Planned Unit Development shall include such impact fees as may be reasonably determined by the City Council. These required impact fees shall be calculated in reasonable proportion to the impact of the Planned Unit Development on public facilities and infrastructure. 6. Archaeological, Historical or Cultural Impact. The Planned Unit Development does not substantially adversely impact an archaeological, historical, or cultural resource, included on the local, state, or federal register, located on or off the parcel(s) proposed for development. F. Procedure. 1. Plan Council Review. Plan Council shall review and discuss the Planned Unit Development and make a recommendation to approve, approve with modifications, or deny the Planned Unit Development based on the applicable review criteria to the Planning and Zoning Commission. a. A community meeting of area/neighborhood property owners explaining the proposed Special Use for Planned Unit Development conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date. 2. Economic Development Committee. The Economic Development Committee shall review the Planned Unit Development and report to the Planning and Zoning Commission its findings and recommendations. 3. Public Hearing, Review, and Recommendation by the Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed Special Use for Planned Unit Development, and, at the close of the public hearing and after consideration of the staff report and public comment, make a recommendation to the City Council to approve, approve with modifications, or deny the Planned Unit Development based on the applicable review standards. The Zoning Administrator, on behalf of the Planning and Zoning Commission, shall transmit a report containing its recommendation to approve, approve with modifications, or deny the application to the City Council. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 27 of 37 4. City Council Action. The City Council shall hear the proposed Planned Unit Development, and, at the close of the meeting and after consideration of the Planning and Zoning Commission recommendation, Zoning Administrator Report, and public comment either: a. Approve the application, b. Approve the application with modifications, c. Deny the application, d. Refer the application back to the Planning and Zoning Commission for further review, or e. Postpone further consideration pending the submittal of additional information, including any application requirement previously waived. G. Amendments to Approved Planned Unit Development. 1. Determination of Level of Change. Upon receiving a Planned Unit Development Amendment application, the Zoning Administrator shall determine whether the amendment is a major amendment, or a minor amendment based on the criteria detailed in Section 10-8-8(G)(2) below. 2. Major Amendment. A major amendment is any proposed change to an approved Planned Unit Development that results in one or more of the following changes: a. Increase density, b. Increase the height of buildings, c. Reduce open space by more than five (5) percent, d. Modify the proportion of housing types, e. Change parking areas in a manner that is inconsistent with this UDO, f. Increase the approved gross floor area by more than five hundred (500) square feet, g. Alter alignment of roads, utilities, or drainage, or h. Result in any other change inconsistent with any standard or condition imposed by the City Council in approving the Planned Unit Development and/or the approved Site Plan, as determined by the Zoning Administrator. 3. Minor Amendment. A minor amendment is any proposed change to an approved Planned Unit Development that is consistent with the standards and conditions upon which the Planned Unit Development was approved, which does not alter the concept or intent of the Planned Unit Development and is not considered a major amendment as detailed in Section 10-8-8(G)(2). 4. Approval Processes. a. Major Amendment. A major amendment to an approved Planned Unit Development shall follow the procedure set in Section 10-8-8(F). b. Minor Amendment. (1) Zoning Administrator Review. The minor amendment shall be reviewed by the Zoning Administrator for compliance with the Comprehensive Plan and the applicable standards of this UDO. The Zoning Administrator shall then make a recommendation to City Council to approve or deny the application. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 28 of 37 (2) City Council Review. The minor amendment shall be reviewed by the City Council to ensure that the application meets the applicable review criteria. Based on the review, the City Council shall approve or deny the application. Any amendment shall not be approved except by the favorable vote of two-thirds (⅔) of all the members of the City Council. Any minor amendment shall be approved by the City Council by ordinance. (3) Recordation. The minor amendment shall be recorded with the City Clerk. H. Expiration and Lapse of Approval. For any Planned Unit Development in which there has been no Building Permit issued nor any portion of the property platted after three (3) years since approval by the City Council, the Planned Unit Development shall be considered null and void and shall be brought back before the Planning and Zoning Commission and the City Council for consideration prior to any development on the property. The underlining zoning of the Planned Unit Development shall not expire, only the Planned Unit Development overlay shall expire. Figure 8.3. Planned Unit Development Procedure United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 29 of 37 10-8-9. Variations A. Authority. The Planning and Zoning Commission, after a public hearing, may recommend a Variation to the regulations of the UDO in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the Planning and Zoning Commission holds a public hearing and makes findings of fact in accordance with the standards of this section, and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this UDO. B. Authorized Variations. Variations from the regulations of this title shall be granted by the Planning and Zoning Commission only in accordance with the standards established in subsection (C) of this section and may be granted only in the following instances: 1. To permit any yard or setback less than the yard or setback required by the zoning district, but by no more than twenty- five (25) percent. 2. To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient size or widths of the lot or lots. In no event shall the respective size and width of the lot or lots be less than ninety (90) percent of the required area and width. The percentage set forth in this subsection is not to be reduced by any other percentage for minimum lot width and area set forth in this title. 3. To reduce the applicable off-street parking facilities required by not more than one (1) parking space or loading space, or twenty (20) percent of the applicable regulations, whichever number is greater. 4. To increase by not more than twenty-five (25) percent the maximum distance that required parking spaces are permitted to be located from the use served as specified in Section 10-5-1(G). 5. To allow for the deferment, or land banking, of required parking facilities for a reasonable period. 6. To increase by not more than ten (10) percent the maximum gross floor area of any use so limited by the applicable regulations as specified in Chapter 4. 7. To exceed any of the authorized Variations allowed under this subsection when a lot of record or a zoning lot, vacant or legally used on the effective date hereof, is, by reason of the exercise of the right of eminent domain by any authorized governmental domain proceeding, reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one (1) or more of the regulations of the district in which said lot of record or zoning lot or structure is located. C. Standards for Variations. 1. The Planning and Zoning Commission shall not grant a Variation from the regulations of this UDO unless it shall make findings based upon the evidence presented that the standards for hardships set forth in the Illinois Municipal Code are complied with in addition to the following: a. A particular hardship to the owner would result because of the physical surroundings, shape, or topographical conditions of the subject property, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. b. The conditions upon which the petition for a Variation is based are unique to the subject property and are not applicable, generally, to other properties within the same zoning district. c. The difficulty or hardship is not created by any person presently having an interest in the property. d. The Variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 30 of 37 e. The proposed Variation will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger to the public, or substantially diminish or impair property values within the neighborhood. f. The proposed Variation is consistent with the official comprehensive plan and other development standards and policies of the City. 2. Land Banked Parking Facilities Review Standards. a. Sufficient evidence is provided by the applicant that supports the reduced parking needs. b. Approval of a land bank parking plan which illustrates the area proposed for land banking of parking spaces in an area suitable for parking at a future time. c. Landscaping of the land banked area must be in full compliance of the zoning regulations with this title and, at a minimum, landscaped with turf. As a result of the site plan review process, the Zoning Board of Appeals Planning and Zoning Commission may require additional landscaping of the land banked area. d. The land banked area cannot be used for any other use and must be part of the same zoning lot and all under the same ownership. e. As part of the variance process, the applicant must show the area to be banked on the overall site plan and marked as "Land Banked Future Parking". 3. Conditions. The Planning and Zoning Commission may impose such conditions and restrictions upon the premises benefited by a Variation as may be necessary to comply with the standards established in this subsection to reduce or minimize the effect of such Variation upon other property in the neighborhood and to better carry out the general intent of this title. 4. Procedure. The variation process will require the review of the following bodies unless otherwise determined by the Zoning Administrator: a. Plan Council. The Plan Council shall review the variation request and report to the Planning and Zoning Commission its findings and recommendations. b. Economic Development Committee. The Economic Development Committee shall review the variation request and report to the Planning and Zoning Commission its findings and recommendations. c. Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and recommendations, including the recommended stipulations of conditions and guarantees as part of the approval. d. City Council. The application shall be reviewed by the City Council to ensure that the application meets all the applicable review criteria. Based on the review, the City Council shall approve or deny the application. 5. Expiration and Lapse of Approval. Where a Variation has been granted pursuant to the provisions of this section, such approval shall become null and void unless construction thereon is substantially under way within twelve (12) months of the date of issuance, unless extended by the Zoning Administrator. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 31 of 37 10-8-10. Appeals A. Purpose. An Appeal may be taken to the Planning and Zoning Commission for any order, requirement, decision, interpretation, or determination of the regulations of this title made by the Zoning Administrator by any individual aggrieved by the action taken under. The Planning and Zoning Commission shall hear the Appeal, hold a public meeting, and render a decision. B. Initiation. An Appeal may be taken within thirty (30) days of the action of the Zoning Administrator by filing a notice of Appeal specifying the grounds thereof, who shall forward such Appeal to the Planning and Zoning Commission. C. Procedure. 1. Planning and Zoning Commission. The Planning and Zoning Commission shall review the Appeal at a regularly scheduled meeting. The Planning and Zoning Commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination relating to this title, made by the Zoning Administrator subject to the criteria in Section 10-8-10(D). D. Appeal Review Criteria. An Appeal of administrative decisions shall be granted only if the Planning and Zoning Commission makes one of the following findings. 1. The decision constituted an erroneous application or interpretation of this UDO. 2. The decision constituted an abuse of the administrative official’s discretion to interpret or apply this UDO. 3. The decision was rendered based upon an erroneous material fact. E. Record of Action. The Planning and Zoning Commission’s decision shall be filed and recorded with the City Clerk. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 32 of 37 10-8-11. Text Amendments A. Initiation of Text Amendments. Text Amendments to this UDO may be proposed by an owner, lessee, agent, majority beneficiary of a land trust, or contract purchaser of property located in the City or by the Mayor and City Council, Planning and Zoning Commission, Zoning Administrator, or City Administrator.the Mayor and City Council, the Planning and Zoning Commission, City staff, majority beneficiary of land trust, contract purchaser, any property owner, or an authorized agent. B. Text Amendment Review Criteria. 1. The proposed Text Amendment is consistent with the purpose of this UDO and the City’s Comprehensive Plan. 2. The Text Amendment will not adversely affect the public health, safety, or general welfare. C. Procedure. The text amendment process will require the review of the following bodies unless otherwise determined by the Zoning Administrator: 1. Economic Development Committee. The Economic Development Committee shall review the text amendment request and report to the Planning and Zoning Commission its findings and recommendations. 2. Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and recommendations, including the recommended modifications and guarantees as part of the approval. 3. City Council. The City Council, upon receiving the recommendation of the Planning and Zoning Commission, may approve or deny a proposed Text Amendment in accordance with applicable Illinois Statutes or may refer to the Planning and Zoning Commission for further consideration. Figure 8.4. Text Amendment Procedure United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 33 of 37 10-8-12. Map Amendments A. Initiation of Amendments. Map Amendments may be proposed by the subject property owner, the Mayor and City Council, the Planning and Zoning Commission, Zoning Administrator, or another City official. B. Map Amendment Review Standards. The Planning and Zoning Commission shall approve make findings of fact regarding Map Amendments only if thebased upon the following standards: are satisfied. 1. The proposed Map Amendment is consistent with the Comprehensive Plan and the purposes of this UDO. 2. The proposed Map Amendment is consistent with the Comprehensive Plan and the purposes of this UDO. 3.2. The proposed Map Amendment is consistent compatible with the existing and planned uses and zoning of nearby properties. 4.3. The subject property is suitable for the purposes of the proposed zoning district. 5.4. The proposed Map Amendment will not result in an individual parcel zoned in one zoning district that is not shared by any adjacent parcels, and. 5. The proposed parcel(s) to be rezoned shall meet the minimum frontage and area requirements of the requested zoning district as specified in Section 10-3-9(A), unless otherwise granted relief as specified in Section 10-8-9. Variations. 6. The community need for the proposed use, and 6.7. 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. C. Procedure. The map amendment process will require the review of the following bodies unless otherwise determined by the Zoning Administrator: 1. Plan Council. The Plan Council shall review the map amendment request and report to the Planning and Zoning Commission its findings and recommendations. a. A community meeting of area/neighborhood property owners explaining the proposed Map Amendment conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date. 2. Economic Development Committee. The Economic Development Committee shall review the map amendment request and report to the Planning and Zoning Commission its findings and recommendations. 3. Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and recommendations. 4. City Council. The City Council, upon receiving the recommendation of the Planning and Zoning Commission, may approve or deny a proposed Map Amendment in accordance with applicable Illinois Statutes or may refer to the Planning and Zoning Commission for further consideration. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 34 of 37 Figure 8.5. Map Amendment Procedure United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 35 of 37 10-8-13. Annexations A. Petition for Annexation. All Annexations shall be initiated by the filing of a petition with the Zoning Administrator. Such petitions shall be verified under oath by all the record title owners, including mortgage holders, of all the lands included within the Annexation. B. Procedure. The annexation process will require the review of the following bodies unless otherwise determined by the Zoning Administrator: 1. Plan Council. Plan Council shall review the application for annexation and report to the City Council its findings and recommendations as part of the approval. a. A community meeting of area/neighborhood property owners explaining the proposed Annexation conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date. 2. Economic Development Committee. The Economic Development Committee shall review the annexation request and report to the City Council its findings and recommendations. 3. City Council. The City Council shall hold a public hearing on the proposed annexation. The City Clerk shall publish notice of the public hearing as required in Section 10-8-4(B). City Council shall approve or deny a proposed by a majority vote in accordance with applicable Illinois Statute. C. Request for Zoning Map Amendments. All petitions for Annexation agreement requesting a zoning classification other than the R-1, Single-Family Suburban Residence Zoning District shall be processed in the same manner as a petition for a request for a Map Amendment as provided in Section 10-8-12 for lands within the jurisdictional limits of the City. All such requests for a Map Amendment or Variations shall be accompanied by the fees as provided in Section 10-7-9 of the Yorkville Code of Ordinances and the said fees shall be paid at the time of filing the petition for Annexation agreement. C.D. Petition for Annexation Agreement. All petitions for Annexation which do not include requests for rezoning classification, other than those assigned to property upon annexation into the City, or a request for variations, but seek other approvals by the City Council shall require an annexation agreement. The City Council shall hold a public hearing on the proposed annexation. The City Clerk shall publish notice of the public hearing as required in Section 10-8-4(B). United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 36 of 37 Figure 8.6. Annexation Agreement Procedure 10-8-14. Economic Incentive/Development Agreement A. Petition for Economic Incentive/Development Agreement. Economic Incentive and Development Agreements are negotiated between the municipality and the developer and/or owner on a project-by-project basis. Such items considered as part of an economic incentive or development agreement are the amount of tax sharing, timing of payments, performance and compliance requirements and any other details. Applications will be evaluated on the merits of their impact to create or maintain jobs; further development; strengthen the commercial or industrial sector; enhance the tax base; and be in the overall best interest of the municipality. B. Procedure. The economic incentive/development agreement process will require review of the following bodies unless otherwise determined by the Zoning Administrator: 1. Plan Council. The Plan Council shall review the economic incentive/development agreement request and report to the City Council its findings and recommendations. 2. Economic Development Committee. The Economic Development Committee shall review the economic incentive/development agreement request and report to the City Council its findings and recommendations. 3. City Council. The City Council, upon receiving the recommendation of the Economic Development Committee, may approve or deny a proposed economic incentive/development agreement in accordance with applicable Illinois Statutes or may refer to the Economic Development Committee for further consideration. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 37 of 37 Figure 8.7. Economic Incentive/Development Agreement Procedure Sold To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Bill To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Certificate of Publication: Order Number: 7672727 Purchase Order: PZC 2024-17 State of Illinois - Kane Chicago Tribune Media Group does hereby certify that it is the publisher of the The Beacon-News. The The Beacon-News is a secular newspaper, has been continuously published Daily for more than fifty (50) weeks prior to the first publication of the attached notice, is published in the City of Aurora, Township of Aurora, State of Illinois, is of general circulation throughout that county and surrounding area, and is a newspaper as defined by 715 IL CS 5/5. This is to certify that a notice, a true copy of which is attached, was published 1 time(s) in the The Beacon-News, namely one time per week or on 1 successive weeks. The first publication of the notice was made in the newspaper, dated and published on 7/29/2024, and the last publication of the notice was made in the newspaper dated and published on 7/29/2024. This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1. PUBLICATION DATES: Jul 29, 2024. ___________________________________________________________________________________ The Beacon-News In witness, an authorized agent of The Chicago Tribune Media Group has signed this certificate executed in Chicago, Illinois on this 29th Day of August, 2024, by Chicago Tribune Media Group Jeremy Gates Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 1 PROJECT SUMMARY: The applicant, Daniel Kramer on behalf of Nexamp dba Yorkville Renewables, LLC, contract leasee, is requesting rezoning, special use, and variance permit approval to construct a 5-megawatt (MW) freestanding community solar facility. The proposed 23-acre solar farm will be situated on approximately 73.5 acres of existing farmland parcel located near the southwest corner of Galena Road and Route 47 within the former East Westbury Village Planned Unit Development (PUD) in parcels (#02-05-400-005 and #02-08-200-030). The property is currently utilized for farming and the owners of the real property are Daniel A and Charene S Nagal. The petitioner is also requesting to rezone the parcel from the current R-2 Single-Family Traditional Residence District to the A-1 Agricultural District. Lastly, the petitioner is requesting a variance to Section 10-4-13 of the City’s Unified Development Ordinance to decrease the minimum rear and interior side yard setbacks from fifty (50) feet to eight (8) feet. Memorandum To: Planning and Zoning Commission From: Sara Mendez, Planner I CC: Bart Olson, City Administrator Krysti Barksdale-Noble, Community Development Director Date: September 4, 2024 Subject: PZC 2024-01 Yorkville Renewables/Nexamp – Solar Farm (Rezone, Special Use, and Variance) 2 PROPERTY BACKGROUND: The parcel is within a formally existing Planned Unit Development (PUD) known as the East Village of Westbury. A Memorandum of Understanding with the successor property owners of the East Village of Westbury development was executed to repeal the land plan and obligations of the PUD on May 28, 2024 (Ordinance 2024-05). The underlying zoning of the property remained R-2 Single-Family Traditional Residence District. REZONING REQUEST: As previously stated, the subject parcel is currently zoned R-2, and the petitioner is requesting to rezone the property to A-1 Agricultural District for the purpose of constructing a solar farm. Per Table 10-3-12(B) Permitted and Special Uses of the City’s Unified Development Ordinance, solar farms are a special use in the A-1 Agricultural District. Therefore, the petitioner is seeking rezoning within the A-1 Agricultural District. This zoning classification would permit the continued farm use on the remainder of the land. Section 10-8-12.B.1 of the Unified Development Ordinance also states specific standards for rezoning which all recommendation bodies will review. The petitioner has provided responses to the established standards for each of the criteria provided in the application. The subject property consists of two (2) parcels (#02-05-400-005 and #02-08-200-030). The following are the current immediate surrounding zoning and land uses: 3 Zoning Land Use North Westhaven Planned Unit Development (R-2, R-3) Agriculture South Former Westbury East Village (R-2) Agriculture East IL Route 47 B-3 General Business District Transportation Land Use O’Keefe Property/Gas Station/Raging Waves Waterpark West A1-Special Use (Unincorporated Kendall County) Compost Facility/Agriculture SPECIAL USE REQUEST: Simultaneously with the rezoning request, the applicant is also seeking special use authorization. Section 10-8-5D.1 of the Unified Development Ordinance states specific standards for special use requests which all recommendation bodies will review and will be entered into the public record as part of the public hearing process. The petitioner has provided answers to each of the criteria in the application to these standards. Below is a summary of the various components of the proposed 23-acre solar farm development. VARIANCE REQUEST: Location on Site Section 10-4-13 Alternative Energy Use Standards in the City’s Unified Development Ordinance provides setback specifics for solar farm uses in the A-1 Agricultural District. The following compares the yard setbacks required for solar farm uses: Minimum Setback for Equipment to Property Line Proposed Setback Front (East) 100 feet 1,000 feet Interior Side (North) 100 feet 8 feet Side Yard (South) 50 feet from nonresidential/100 feet from residential 8 feet Rear (West) 50 feet from nonresidential/100 feet from residential 8 feet Section 10-8-9C.1 of the Unified Development Ordinance states specific standards for variance requests which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application to these standards. Solar Setbacks The location of the solar panels meets the front (east) yard setback for the Solar Farm use in the A-1 Agricultural District. However, the solar panels appear to encroach into the required rear and interior side yards to the south, west, and north. As stated in Section 10-4-13B.8.b of the City’s Unified Development Ordinance, the minimum distances required for the rear and interior side yard to the south, west, and north is 50 feet. As previously stated, the petitioner has filed a variance request to maintain 8 feet from the interior and rear yard setbacks. The original petition, submitted before the adoption of the Unified Development Ordinance, had already undergone a previous Plan Council meeting and, at that time, met the standards of the previous zoning ordinance regarding setbacks. The petitioner is now requesting to retain these original standards. Buffer Distances Section 10-4-13B.8.c and of the City’s Unified Development Ordinance provides specific buffer information for solar farms, roadway networks, and the Fox River. The location of the proposed solar panels meets the buffer area of one thousand (1,000) feet from the nearest solar array to roadway networks and 4 exceeds the one thousand (1,000) foot setback from the nearest solar array to the edge of the bank of the Fox River. PROPOSED EQUIPMENT The proposed community solar farm will consist of 11,712 arrays. The petitioner has stated in a Response Letter, dated June 24, 2024, the total number of tracker motors is estimated between 10 to 176, depending on the final design of the system. The petitioner has stated the operations phase of the lease is for 20 years with several extensions that could extend the operations phase of the project to over 40 years. ALTERNATIVE ENERGY SYSTEMS REGULATIONS: Section 10-4-13: Alternative Energy Use Standards of the City’s Unified Development Ordinance establishes zoning parameters and regulations by which solar and wind systems may be installed in the city, which were used in the review of this request. The following describes how the proposed plan meets the regulations for Solar Farm: Minimum Lot Size Sections 10-4-13B.1 of the Unified Development Ordinance states no solar farms shall be erected on any lot less than three (3) acres in size. In a Response Letter, June 13, 2024, the petitioner has stated the project intends to develop on approximately 23 acres of overall parcel. Maximum Lot Coverage Section 10-4-13B.2 of the Unified Development Ordinance states a solar farm use may occupy up to eighty (80) percent of a given parcel in this district. As proposed, the solar farm will occupy approximately 31% (23-acres) of the overall existing 73.5 acres of existing farmland. Height/Clearance The maximum structure height for solar systems, equipment, and structures shall not exceed thirty feet (30’) in height when ground mounted, per Section 10-4- 13B.6 in the Unified Development Ordinance. The petitioner has submitted an updated exhibit (Sheet C-600 D Standard Details) illustrating a maximum solar array height as approximately 20 feet at maximum tilt. Additionally, the petitioner’s exhibit (Sheet C-600 D Standard Details) indicates a minimum solar array clearance of two (2) feet. Accessory Use Section 10-4-13-A.2 of the City’s Unified Development Ordinance states solar and wind farms shall be an accessory to the principal permitted use of a site. Therefore, the area and scale of the solar farm must be less than the primary agricultural land use. The proposed solar farm will be accessory to the existing agricultural/farming land use, as only portion of the overall land is proposed for the community solar farm use (approx. 23.0 acres of 73.5 acres or ~31%). Distance from Residential Properties. In addition to meeting the required minimum setbacks, the closest array/module of the proposed solar farm will be ~1,297.8 feet from the nearest residential parcels to the north along Galena Road. 5 Glare Section 10-4-13B.13 of the Unified Development Ordinance states solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways. The panels shall be placed to face east and rotate west to follow the path of the sun to collect the most sunlight throughout the day. The petitioner has submitted a glare study and analysis which concludes that there was no potential for glint or glare identified by the analysis. Additionally, the petitioner’s exhibit (Rendering, dated June 13, 2024) displays viewshed from angles around the solar farm that illustrate how far away the panels will be from the public- right-of-way (IL Route 47 and Galena Road), as well as from the residential land uses to the north. Fencing The petitioner has proposed an eight (8) foot tall, galvanized chain link fence with slats to surround the ~4,600 linear foot perimeter of the solar farm with a 20-foot-wide vehicle access gate, as illustrated below. As stated in Section 10-4-13B.9 of the Unified Development Ordinance, Fence Regulations for Solar Farms, states that systems, equipment, and structures shall be fully enclosed and secured by a fence or wall with a height of eight (8) feet. Petitioner’s exhibit (Sheet C-600 C Standard Details) indicates the Knox-Box location on the fence that has been added to the Gate Detail for the City’s Building Department and Bristol Kendall Fire District (BKFD) in the event of an emergency. Noise Per the petitioner’s project summary, the transformer is the greatest source of noise on the property. Per the petitioner’s exhibit (Sheet C-300 C Site Plan Layout), the transformer is over 1,443.2 feet to the nearest residence located to the north on Galena Road. Signage Per Section 10-4-13B.9.a(1) and (2) of the City’s Unified Development Ordinance, warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm. Additionally, the signs shall be less than four (4) square feet and made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall be displayed. The petitioner has submitted an updated exhibit (Sheet C-600 D Standard Details) that includes the emergency contact information, the dimensions of the emergency contact sign, and the sign’s location on the solar farm’s fence. 6 Utilities and Electric Service Provider Per Section 10-4-13B.4 of the Unified Development Ordinance, power and communication lines running in between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground. The routing of the electrical infrastructure required to connect to the ComEd system includes electrical cables installed underground for the entire project with the exception of a series of overhead poles (approx. 6-8) for a wire connection near IL Route 47. Section 10-4-13-B.4.a of the Unified Development Ordinance states that evidence that the electric utility service provider that serves the proposed site has been notified of the owner’s intent to install an interconnected customer owned electricity generator. The petitioner has provided a copy of an Interconnection Agreement, as prepared by ComEd dated 02/24/2022. Access Road The proposed site access is via a new 20-ft. wide gravel driveway proposed off Galena Road (1.380 acres). The path provides access to the equipment, however, no formal parking stalls are provided, as no buildings, employees are planned on the site except for the occasional mowing or maintenance visits. Section 10-4- 13-B.5 of the City’s Unified Development Ordinance states off-street parking provided on site shall be paved. Staff recommends the petitioner have one paved parking pad for off-street parking. Gravel roads are not permitted for vehicle travel. The petitioner’s exhibit (C-401 Grading Plan – Access Road) provides a gravel access road pavement section for review and consideration. The petitioner is proposing an 18-inch gravel compacted subgrade, which is consistent with other approved solar developments. Staff defers to the City Public Works Director and City Engineer before final approval on the road composition. Landscape Plan While landscaping is not required for solar farm uses, the petitioner’s landscape plan includes a mix of a few evergreen trees and mostly shrubs along the north and south borders of the area containing the solar panels. The City’s landscaping consultant has reviewed the proposed landscaping plan and concluded that while the mix of plantings does provide some screening, it does not meet the requirements of any transition zone described in the Unified Development Ordinance. Instead, the consultant recommends a modified Type D transition zone consisting of 5 native shade trees and 5 native understory trees per 100 linear feet. Existing native trees may be included toward this requirement if a tree survey documenting their presence and condition is submitted. The consultant also recommends native prairie grass and wildflower seeding in lieu of the 35 shrubs/native grasses per 100 linear feet. Additionally, the consultant has noted the requested transition zone plantings along Eldamain Road and Route 47 are not reflected in the plans. It is staff’s recommendation to utilize a modified Type D transition zone at a minimum of the eastern border facing Route 47. The applicant has stated in a Response Letter dated August 15, 2024, the modified transition zone D has been applied along the eastern fence line. We are supportive of the petitioner’s landscape buffer for the north and south due to the UDO regulation not requiring a landscape transition when agricultural land use is adjacent to residential land use. The petitioner has stated in their Response Letter that a maintenance plan will be provided with final construction drawings/permits. Abandoned Systems In the Unified Development Ordinance, Section 10-4-13-A.3 states all alternative energy systems inactive or inoperable for a period of 12 continuous months shall be deemed abandoned and the owner is required to repair or remove the system from the property at the owner’s expense within 90 days of notice from the City. To ensure compliance, the petitioner has provided an updated decommission plan narrative and 7 construction estimate of $1,209,203.99 at year 40 with a 3% annual inflation rate. A performance guarantee in an amount of $1,741,254 is recommended by the City Engineer. In addition to the security guarantee, staff also recommends a blanket easement over the property to allow the City or its contractor to enter and remove the abandoned system in compliance with the City Code, as a condition of the Special Use approval. The petitioner is aware of these conditions which will be a part of their special use authorization. ENGINEERING COMMENTS: Please refer to the attached comments prepared by Engineering Enterprises Inc. (EEI) dated August 27, 2024. Staff recommends the work items listed in the review letter will become conditions for the Special Use and a requirement for issuance of a building permit. POLICE COMMENTS: Per Police Department review of the submitted plans, staff recommends the developer clearly mark the location of the driveway access to alert drivers of the site entry and provide additional traffic management. REZONING STANDARDS Section 10-8-12 Map Amendments establishes criteria for findings of fact related to rezoning (map amendment) requests. When the purpose and affect is to change the zoning of a property and amend the City’s Zoning Map, the Planning and Zoning Commission shall consider each of the following facts before rendering a decision on the request. The petitioner has provided answers to each of the criteria in the application these standards which are included in the packet for your review and will be entered into the public record as part of the public hearing process. The standards are: 1. The existing uses and zoning of nearby property. 2. The extent to which the property values are diminished by the particular zoning restrictions. 3. The extent to which the destruction of the property values of plaintiff promotes the health, safety, morals, or general welfare of the public. 4. The relative gain to the public as compared to the hardship imposed upon the individual property owner. 5. The suitability of the subject property for the zoned purpose. 6. The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property. 7. The community need for the proposed use. 8. The care to which the community has undertaken to plan its land use development. Additional UDO standards: 1. The proposed Map Amendments 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. 8 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). SPECIAL USE STANDARDS Section 10-8-5-D states specific standards for special use which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application 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 establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The proposed special use is not contrary to the objectives of the official comprehensive plan of the City as amended. VARIANCE STANDARDS: Section 10-8-9-C states specific standards for variations which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application 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. A particular hardship to the owner would result because of the physical surroundings, shape, or topographical conditions of the subject property, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. 2. The conditions upon which the petition for a Variation is based are unique to the subject property and are not applicable, generally, to other properties within the same zoning district. 3. The difficulty or hardship is not created by any person presently having an interest in the property. 4. The Variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. 7. The proposed Variation will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger to the public, or substantially diminish or impair property values within the neighborhood. 8. The proposed Variation is consistent with the official comprehensive plan and other development standards and policies of the City. 9 COMPREHENSIVE PLAN: The 2016 Comprehensive Plan designates the future land use for this property as Estate/Conservation Residential (ERC). The Estate/Conservation Residential (ERC) designation is generally intended for future neighborhood developments that promote flexibility in residential design, accommodates low density detached single family housing, and is sensitive to environmental and scenic features of the area and utilized this land designation as a “holding” classification for those areas, particularly on the outskirts or along the perimeter of the City’s corporate boundaries that lacked the public infrastructure to support development of the land within the 10-year timeline of the plan. While the proposed A-1 Agricultural District is not significantly different to the large lot/low density residential envisioned for the Estate/Conservation Residential future land use designation, an amendment to the Comprehensive Plan would be required if the rezoning is approved. STAFF RECOMMENDATIONS: Staff recommends the following conditions to the special use: 1. Staff recommends the petitioner have one paved parking pad for off-street parking. 2. Staff recommends a blanket easement over the property to allow the City or its contractor to enter and remove the abandoned system in compliance with the City Code, as a condition of the Special Use approval. 3. Staff defers to the City Public Works Director and City Engineer before final approval on the road composition. 4. A performance guarantee in an amount of $1,741,254 is recommended by the City Engineer. 5. It is staff’s recommendation to utilize a modified Type D transition zone at a minimum of the eastern border facing Route 47. 6. Compliance with work items listed in the review letters prepared by Engineering Enterprises, Inc. (EEI) dated October 19, 2023 revised July 10, 2024 and August 27, 2024. 7. Staff recommends the developer clearly mark the location of the driveway access to alert drivers of the site entry and provide additional traffic management. PROPOSED MOTIONS: REZONING In consideration of testimony presented during a Public Hearing on September 11, 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-2 Single-Family Traditional Residence District to A-1 Agricultural District for the purpose of constructing a freestanding solar energy system, or solar farm, located immediately south of IL Route 47 (N Bridge Street) and west of Galena Road, subject to {insert any additional conditions of the Planning and Zoning Commission}… SPECIAL USE In consideration of testimony presented during a Public Hearing on September 11, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council a request for Special Use authorization to construct a freestanding solar energy system, or solar farm, as depicted in plans prepared by Atwell and submitted by Nexamp dated last revised 8/15/24 for approximately 23 acres located immediately south of IL Route 47 (N Bridge Street) and west of Galena Road, subject to staff recommendations in a memo dated September 4, 2024 and further subject to… {insert any additional conditions of the Planning and Zoning Commission}… 10 VARIANCE In consideration of testimony presented during a Public Hearing on September 11, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council for a request for bulk regulation variance to Section 10-4-13.B.8.b of the Unified Development Ordinance, reducing the north, west, and south property lines setback from 50 feet to 8 feet, subject to… {insert any additional conditions of the Planning and Zoning Commission}… ATTACHMENTS: 1) Property Aerial dated 03/13/22, as prepared by Nexamp 2) Legal Description dated August 15, 2022, as prepared by Atwell Group 3) Glare Study dated Aug. 18, 2022, prepared by Forge Solar 4) Vegetation Management Plan for Solar Sites Utilizing Native Vegetation, as prepared by Natural Resource Services 5) Electrical Diagram dated 01/10/2021, as submitted by Nexamp 6) Manufactures Cut Sheets, as submitted by Nexamp 7) Interconnection Agreement with ComEd 8) Application for Rezoning, as prepared by Yorkville Renewables, LLC 9) Application for Special Use, as prepared by Yorkville Renewables, LLC 10) List of Property Owners within 500 feet of subject parcel 11) Copy of Memorandum of Understanding Regarding the Repeal of the Planned Unit Development Agreement for the East Village of Westbury, as executed by Daniel A. and Charene S. Nagel. 12) Application for Variance, as prepared by 126612 Corneils Road Solar, LLC 13) Yorkville Renewables, LLC Response Letter, dated June 13, 2024 14) Rendering, dated June 13, 2024 15) Plan Council Packet (07-25-2024) 16) Public Hearing Notices 17) Response Letter to EEI, dated August 15, 2024 18) Final Site Plans, dated August 15, 2024 19) Truck Turn Analysis Construction/Delivery Traffic, dated August 15, 2024 20) Stormwater/Drainage Memorandum, dated August 16, 2024 21) Culvert Computations, dated August 16, 2024 22) Engineer’s Opinion of Probable Decommissioning Cost for Yorkville Solar, dated August 15, 2024 23) EEI Comments, dated October 19, 2023 24) EEI Comments, dated July 10, 2024 25) EEI Comments, dated August 27, 2024 26) Conditional Use Permit Narrative, dated June 14, 2024 27) Kendall County Highway Department Access Approval Email, dated November 9, 2022 101 N Wacker Drive, Suite 200,Chicago, IL 60606 617.431.1440 |www.nexamp.com Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 651 Prairie Pointe Drive Yorkville,IL,60560 Yorkville Renewables, LLC Proposed Ground-Mounted Solar Farm Address:Near SWC of Galena Road and IL Route 47 PIN:02-08-200-030 RE: Response Letter We offer the following information in response to the comments provided by the City of Yorkville Engineer and Landscape consultants. Responses are in bold font. City Staff Comments: Zoning The subject property is currently located in within an existing Planned Unit Development (PUD) with underling zoning of R-2,R-4, and B-3. The following are the current immediate surrounding zoning and land uses: June 13, 2024 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com The proposed community solar farm will consist of approximately 11,712 arrays, per the project narrative. However, the Conceptual Layout (Sheet PV-101 A) prepared by Nexamp, dated October 13, 2021 states the number of arrays 13,234. Petitioner must verify the accurate number of arrays proposed.Nexamp Response:Sheet PV-101A should be removed from the application. That sheet has since be replace with the Civil Plans dated 6/11/2024 and attached hereto. The system appears to include two (2) inverters and one (1) transformer. Please verify and the total number of proposed tracker motors.Nexamp Responses: The total number of tracker motors is estimated between 10 and 176, depending on the final design of the system. The petitioner must provide the total amount of time proposed for the lease of the property to operate the proposed community solar farm. This includes any options to extend the lease term.Nexamp Responses, the Operations Phase of the Lease is for 20 years with several extensions that could extend the Operations Phase of the project to 40 years. Location on Site Table 10.07.01 of Chapter 7 in the City’s Zoning Ordinance provides dimensions and bulk regulations for the A-1 Agricultural District. The following compares the yard setbacks required for the A-1 Agricultural District and the proposed solar farm use: The location of the solar panels meets the front (east), side (south), and rear (west) yard setbacks for the A-1 District. However, it is undetermined if the solar panels encroach into the required interior side yard to the north.Nexamp Response: Solar Panels are setback a minimum 8 feet from the north property line.A variance is being requested to maintain 8 feet side and rear setbacks to the perimeter fence. Section 10-19-7-B of the zoning ordinance states that all parts of any freestanding solar energy system shall be set back 8 feet from interior side and rear property lines. Nexamp Response: Noted Staff has identified the north property line (parallel to Galena Road) as a side property line since there are intervening parcels between the property line of the subject property and Galena Road. The north property line adjacent to the proposed solar farm is not 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com considered a front yard due to Section 10-2-3: Definitions of the United City of Yorkville’s Zoning ordinance which establishes the lot line which abuts a street shall be the front lot line.Nexamp Response: Noted. Note: Page 2 of the Project Narrative dated March 9, 2022 references “County setback requirements”. This should be revised and resubmitted with correct City regulation references.Nexamp Response: Project narrative has been revised. The Site Plan should be revised to reflect the accurate distances from the property lines to the proposed solar panels and/or fence line.Nexamp Response: The Site Plan has been updated to included the accurate distance from property lines. The Site Plan should also indicate the distance of the proposed solar farm and/or the fence line to the nearest residential parcels to the north along Galena Road. o It is noted within the project narrative there is a reference to the proposed solar system being over 1,000 feet from the nearest residential structure.Nexamp Response: Dimensions to the nearest residential structures has been added to the plans. Height The maximum structure height in the A-1 Agricultural District is eighty (80) feet. Additionally, as stated in Section 10-19-7-D of the City’s Zoning Ordinance, the minimum clearance between the lowest point of the system and the surface which the system is mounted is ten (10) feet. Section 10-19-7-F states the maximum height will be stipulated as a special use condition. The petitioner’s exhibit (Sheet C-06 A Standard Details) appears to indicate a maximum solar array height as approx. 20 feet at maximum tilt.Nexamp Response: Confirmed. The petitioner’s exhibit (Sheet C-06 A Standard Details) appears to indicate a minimum solar array clearance as 2 feet.Nexamp Response: Confirmed. A variance will be required for the minimum clearance requirements.Nexamp Response: Noted. Glare/Lighting Section 10-19-7-E states solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways. The panels shall be placed to face east and rotate west to follow the path of the sun to collect the most sunlight throughout the day. The petitioner has submitted a glare study and analysis which concludes that there was no potential for glint or glare identified by the analysis.Nexamp Response: Confirmed. 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com Staff requests the petitioner provides a viewshed from angles around the solar farm which illustrate how far away the panels will be from the public rights-of-way (IL Route 47 and Galena Road), as well as from the residential land uses to the north.Nexamp Response: Please see the attached renderings. Are motion-sensor security lights proposed to be provided at the transformer area? If so, details are requested.Nexamp Response: There will be no lighting on the project. Noise The transformer is the greatest source of noise on the property. Please verify the distance of the transformer to the nearest residences located to the north on Galena Road.Nexamp Response: Dimensions have been added to the plans. Fencing The petitioner has proposed an eight (8) foot tall, fixed knot farm fence to surround the ~4,600 linear foot perimeter of the solar farm with a 20-foot-wide vehicle access gate. As stated in Section 10-17-2-G, Fence Regulations for Industrial Districts of the Zoning Ordinance, states that a fence may be a maximum of eight (8) feet in height. This section of the code also states that chain link is a permitted material. Staff recommends an 8’ tall, galvanized chain link fence with slats.Nexamp Response: The fence detail on sheet C-300 has been revised to reflect this recommendation. A Knox box and keys shall be provided to the City’s building department and Bristol Kendall Fire District (BKFD).Nexamp Response:A note indicating the Knox-Box location on the fence has been added to the Gate Detail on sheet C-600 Access Road The proposed site access is via a new 20-ft. wide gravel driveway proposed off Galena Road (1.380 acres). The path provides access to the equipment, however, no formal parking stalls are provided, as no buildings, employees are planned on the site except for the occasional mowing or maintenance visits.Nexamp Response: Agreed Gravel roads are not permitted for vehicle travel. o Petitioner must provide details regarding the proposed material for the access road. Staff defers to the City Public Works Director and City Engineer for comment on the road composition.Nexamp Response:a gravel access road pavement section has been provided on the plans for review/consideration. 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com Decommissioning The petitioner has provided a decommission plan. In addition to the decommissioning plan narrative, a construction estimate for the life of the lease must be provided with a 3% annual inflation rate which must be reviewed and approved by the City Engineer.Nexamp Response: A draft decommissioning estimate has been added. We recommend the decommissioning estimate be finalized with the Final Engineer Plans. Accessory Use Section 10-19-4-D states alternative energy systems shall be an accessory to the principal permitted use of a site. Therefore, the area and scale of the solar farm must be less than the primary agricultural land use. As proposed, the solar farm will occupy approximately 31% (23-acres) of the overall existing 73.5 acres of existing farmland.Nexamp Response: Agreed Signage Section 10-19-4-F states that no commercial signage or attention getting device is permitted on any alternative energy system. The submitted plans do not indicate any signage will be located on the solar farm or the surrounding fence. Per Section 10-19-4-F states one (1) sign shall be permitted to indicate emergency contact information of the property owner or operator not to exceed two (2) square feet in area.Nexamp Response: The Emergency Contact Sign has been added to Sheet C-300. There will be several small danger signs a located on the fence on all sides of the fence as shown on Sheet C-300 as required by the National Electric Code. Landscaping Defer to Engineering Comments related to landscaping.Nexamp Response: See response in the Landscape comment section. Utilities The proposed community solar farm will not require public utilities such as water or sanitary sewer. The routing of the electrical infrastructure required to connect to the ComEd system includes electrical cables installed underground for the entire project with the exception of a 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com series of overhead poles (approx. 6-8) for a wire connection near IL Route 47.Nexamp Response: Agreed. Utility Service Provider Section 10-19-4-G states that evidence that the electric utility service provider that serves the proposed site has been notified of the owner’s intent to install an interconnected customer owned electricity generator. The petitioner has provided a copy of an Interconnection Agreement, as prepared by ComEd dated 02/24/2022. Special Use Standards Section 10-19-4-C and 10-4-9-F state specific standards for special use which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application as well as providing an additional attachment to these standards.Nexamp Response: Agreed Blanket Easement A blanket easement for City access to the solar field will be required in the event the project is abandoned and requires decommissioning by the City.Nexamp Response: Noted. Economic Development Committee Comments The City’s Economic Development Committee will provide direction at their November 7, 2023 meeting to staff regarding the acceptable location of solar fam developments within Yorkville. Staff will provide that feedback to the petitioner during the Plan Council meeting on November 9th.Nexamp Response: As discussed at the November 7, 2023 meeting –the nearest solar plan is over 1,400 feet from Galena Road right-of-way and over 1,000 feet from Route 47 right-of-way, the remaindered of site is preserved for future development. Yorkville Police Department Comments: Roadway Concerns as listed below: 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com • Location of the driveway(s) into Yorkville Renewables The driveway location is existing and has been approved by the Kendall County DOT. This driveway location is complemented by pervious land use approvals. • Driveway(s) clearly marked with signage in both directions Warning sign has been added to the plans near the driveway entrance. • Distance from driveway(s) on Galena Road to the intersection of Rt. 47 would be concerning due to vehicle speeds on Galena Road The proposed facility will generate little traffic during the operation of the facility. There is anticipated to be 20 site visits with maintenance personnel per year. Ingress/Egress Are warning signs for cross traffic requested:Warning sign has been added to the plans near the driveway entrance. Emergency Contact for after hours construction: Information needed Will Police have access (through gated development) in case of emergency?Yes, there will be a knox box located near the entry gate for emergency response personnel. Security Will there be security cameras used on site?There will be a camera on site. If you will have camera access on site would the police department have remote access into the system for emergency purposes only?The camera will be closed circuit but upon request, Nexamp Operations Center can relay visual information from the camera to emergency personnel. Will the gate be alarmed?Nexamp Response:The gate will not be alarmed but will be locked when Company personnel are not on-site. A knox-box will be located near the gate in case emergency personnel need to access the project area. City Engineer Comments (EEI): 1. The following Permits may be required during final engineering and should be provided to the City of Yorkville when obtained. The City and EEI should be copied on all correspondence with agencies. 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com IEPA NPDES General Construction Permit is Required. The Notice of Intent must be filed with IEPA 30 days prior to start of construction.Nexamp Response: A copy of the NOI will be provided to the City of Yorkville with the Final Engineering Plan submittal. Stormwater permit application in accordance with the Yorkville Storm Water Management Ordinance (Kendall Countywide Ordinance)Nexamp Response: The project will comply with the Storm Water Management Ordinance including an application for Stormwater Permit. Kendall County for access to Galena Road.Nexamp Response: See attached access agreement. 2.Since the project is non-residential development on more than 3 acres it must meet the stormwater detention requirements per the Stormwater Ordinance. Nexamp Response:Detention basins have been provided to the maximum extent possible and will achieve the required detention. 3.There is a floodplain on the property associated with Rob Roy Creek that was identified in the Interim Hydrologic &Hydraulic Analysis of Rob Roy Creek, 2005. The property will have a to be developed in accordance with the floodplain provisions of the City’s stormwater ordinance. The flood elevation is between 658 and 656. Please see the attached exhibit.Nexamp Response: The approximate location of the FEMA mapped floodway area has been added to the SUP Plans. The project does not intend to construct within the floodway but metal foundations and gravel access drive within the EEI mapped floodway.The project will comply with the floodplain requirements of the City’s stormwater ordinance. Also, the EEI mapped floodplain has been added to the plans. The equipment within the EEI mapped floodplain will be raised above the BFE. 4.Any impacts to the wetlands should be designed in accordance with the United City of Yorkville’s Wetland Protection Regulations.Nexamp Response:The plans have been revised to avoid impacts to the one isolated wetland the property. 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com 5.A field tile survey will be required.Nexamp Response: At the time of Final Engineering Plan, a tile survey and mitigation plan will be provided. 6.Perimeter easements will need to be provided. These easements should be a minimum of 20’ along Galena Road and Rt 47.Nexamp Response:The location of the proposed 20’ easements along Galena Road and Route 47 have been added to the SUP Plans.Easement documents will be drafted and executed during the Final Engineer Plan stage. 7.The decommissioning bond or letter of credit will need to be 120% of the approved estimate.Nexamp Response:At the time of Final Engineering Plans and after the decommissioning estimate is approved by City of Yorkville, decommissioning surety will be provided. 8.The comments in the attached review letter from the City’s landscaping consultant must be addressed and a revised landscaping plan submitted. Nexamp Response: See responses to the landscaping consultant comments. 9.The following will need to be submitted with the Final Engineering Plans: a.Additional information as shown in the provided checklist.Nexamp Response: At the time of Final Engineering Plans, the project will be comply with the checklist provided. b.Truck turning exhibits for delivery and emergency vehicles.Nexamp Response: At the time of Final Engineering Plans,truck turning exhibits will be provided. c.Photometric plan.Nexamp Response: There will be no lighting associated with this project. d.Decommissioning cost estimate.Nexamp Response: At the time of Final Engineering Plans,a Decommissioning estimate will be provided. City Landscape Consultant Comments (Hey and Associates): 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com 1.Parkway Landscaping: A minimum of one tree per 50 linear feet of frontage is required along Galena Road and Route 47.Nexamp Response: Attached Landscape Plan has been revised to show proposed parkway landscaping. 2.Perimeter Landscaping: The proposed development does not directly abut single-family residential property, so therefore perimeter landscaping requirements do not apply.Nexamp Response: Noted. 3.Parking Lot Landscaping:The proposed development does not include parking lots; therefore, parking lot landscaping requirements do not apply.Nexamp Response: Noted. 4.Lot landscaping:Lot landscaping requirements are not met.Nonresidential developments include 2 shade trees and 15 shrubs be provided for every 20,000 square feet of lot area. We understand trees and shrubs may not be desirable near the solar array, but the eastern half o the site appears vacant. Consider native plantings to enhance the Rob Roy Creek corridor, which would complement the proposed pollinator friendly solar array seed mix. Nexamp Response: Attached Landscape Plan has been revised to show lot landscaping to the maximum extent possible given most of the development area will require access to sun light.The project will not be located near the Rob Roy Creek. The intent is the Rob Roy Creek will not be impacted by the proposed solar project. Further improvements to Rob Roy Creek can be address with further development of the remaining property. Stormwater Storage Basin Landscaping: No stormwater storage basins were found; therefore, these requirements do not apply.Nexamp Response:Per the Engineering Review comments, stormwater basins have been added to the site plans. Per the landscape code, no basin landscaping is required as they are located outside of the front and side setbacks. 5.Tree Preservation: Tree Preservation standards apply to all development parcels greater than five acres; therefore, these requirements apply to this site. A review 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com of Google Earth imagery reveals trees are present on the site, but that there may not be trees present on the portion of the site proposed for development. Nexamp Response: Agreed, there are no trees present within the development area of the site. 6.General Standards:The landscape plan indicates a “Native Pollinator Friendly Solar Array Seed Mix” will be installed but no details are provided. Plan should species (both botanic and common names) and seeding rate of mix. A maintenance plan should also be submitted describing how this landscape will be maintained to ensure that desired species become established, persist, and the area is not overtaken by weeds.Nexamp Response: A detailed seed mix has been added to the plans. Also, attached the maintenance plan. The plans should indicate what is proposed on the eastern half of the site that appears vacant.Nexamp Response: The remaining undeveloped property will remain in agricultural production until an application is made at a future date to develop the remaining property. PLAN COUNCIL AGENDA Thursday, July 25, 2024 9:00 a.m. City Hall Community Development 3rd Floor – East Conference Room Remote Access via Zoom 1. Minutes for approval: May 23, 2024 2. PZC 2024-01 Yorkville Renewables – Nexamp Solar – Rezoning, Special Use & Variance Adjournment United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 DRAFT Page 1 of 4 UNITED CITY OF YORKVILLE PLAN COUNCIL Community Development East Conference Room, 3rd floor 651 Prairie Pointe Drive, Yorkville, IL Thursday, May 23, 2024 9:00am IN ATTENDANCE: Krysti Barksdale Noble, City of Yorkville Community Development Director Sara Mendez, City of Yorkville Planner 1 Bart Olson, City Administrator (arr. 9:07am) Brad Sanderson, EEI/City Engineer Eric Dhuse, Public Works Director Pete Ratos, Building Code Official (arr. 9:02am) Lynn Dubajic Kellogg, City Consultant (arr. 9:08am) Pamela Whitfield, EEI Scott McCarty, BKFD Mike Torrence, BKFD Dave Riendeau, Manhard Consulting Doug Shannon, Gary R. Weber Associates Russ Whitaker, Rosanova & Whitaker Bradd Hout, Cyrus One Matt, D. R. Horton Nathan Sevener Ms. Noble called the meeting to order at 9:00am. 1. Minutes for approval: February 8, 2024 The minutes were approved as presented. All meeting participants introduced themselves and Ms. Noble explained the procedure for the meeting. 2. PZC 2024-14 Grande Reserve – Units 10 & 11 – Final Plat Background: Ms. Noble said this proposal is for Units 10a and 11a of Grande Reserve and consists of 22 acres with 158 new residential townhome lots. The parcel will be developed in phases and at full buildout will consist of 312 townhomes, 14 more than originally planned. The preliminary plans of final plats were pre-approved in April 2005 but never recorded and have expired. Regarding the concept plans, they are consistent with those previously approved and will be reviewed by the city for a number count as well as architecturally per the Comprehensive Plan. There had been an Economic Incentive Agreement in 2021 which reduced a portion of the unplanned development from duplex units to single family resulting in a reduction of 11 single family homes, so the increased 14 have not resulted in an imbalance. Page 2 of 4 Per the Comp Plan, the homeowners will be responsible for snowplowing in the cul-de-sacs. Staff will also require a declaration of CCR's. (Codes, Covenants and Restrictions). Also required are appearance standards and staff has now received color renderings and are reviewing. There is a credit system in the ordinance giving credit for certain architectural features which has been met and credit given. The plats do indicate the lots meet the building setbacks, but there are standards that dictate minimum building-to-building setbacks. The certificate block on units 10a and 11a should be revised to 'Planning and Zoning Commission' rather than 'Plan Commission'. Comments from Engineer Brad Sanderson are detailed in a letter in the agenda packet. Public Works and the Building Code Official had no comment at this time. Ms. Noble said the next step is the June 4th EDC meeting at which time she will have an updated memo and she asked for other updated material by May 31st. 3. PZC 2024-15 C-1 Yorkville (Cyrus One) – PUD & Preliminary PUD Plan Background: Ms. Noble said this plan is for 230 acres at Faxon and Eldamain. The site is proposed for a data center with 9 stand-alone buildings and 6 stormwater basins which would be built in phases over 10-20 years. It is zoned for this type of land use, however, the petitioner has asked for 13 proposed deviations from the M-2 general manufacturing standards. Per the UDO, there is a requested list of approved PUD standards to be met and at least one to qualify for a PUD. Staff thinks that standard #12, the regional utility improvement, would qualify. Other Comments: 1. The written responses were adequate. Ms. Noble noted that the requested deviation for future energy industrial use regulations is not in the UDO at this time. They are requesting a waiver for future standards being adopted which staff supports. 2. Regarding the preliminary PUD plan, the petitioner has 3 years (because it's a Special Use) to do a Final Plat without the preliminary plan expiring. 3. Mr. Hout said each building takes approximately 12-15 months to build and they hope to move dirt in 2025. 4. The building setbacks are met, but a deviation is requested from the internal building, for which Ms. Noble asked for clarification. They will request zero setbacks at this time until it is decided. Mr. Ratos added that they still must meet the fire and building codes. 5. Clarification is needed if total site coverage is 24% or 35%. The building height is OK. 6. Parking deviation is also being requested. Cyrus One did calculations on gross floor space, while it should be based on net floor space. Staff says there should be no less than 400 parking spots which is shared parking for all the buildings. A minimum of 10 electric vehicle charging stations is requested. Page 3 of 4 7. Off-street loading is OK. 8. There are 4 components for a landscape plan. The petitioner is asking for a blanket variance for landscape standards, but staff is not comfortable until the plan is received. The Comp Plan also calls for a rural character buffer along Eldamain. A specific plan is needed to grant the deviation. 9. Ms. Noble noted the deviation request for mechanical screening which staff supports. The city has engaged a sound engineer to determine where the mechanical units should be located and if more landscaping is needed or a different placement. 10. Mr. Sevener, sound engineer, said the Yorkville noise ordinance has a tonal penalty which may or may not apply to cooling equipment. Outdoor chillers can cause a high strong tonal component. Ms. Noble noted that the sound is measured on the receiving property, not on the site and different numbers apply on residential property vs. non-residential. 11. Mr. Whitaker asked how the city ordinance differs from the pollution control board standard? IBPC has a more extensive ordinance with limitations at different frequencies. 12. Fencing heights needs to be verified on the plan. The height will be 8 feet and it will be an ornamental black fence. It may be taller around the sub-station. 13. Appearance Standards: The Petitioner is asking for relief from a building recess. The city is asking for the recess on the sides abutting streets. The material meets the facade requirements and staff also requested some type of window feature to break up the long expanse. 14. Signage: No monument sign planned, but there will be signage 15. Address: The proposal will have single site address, but individual buildings will be clearly marked. 16. Photometric plan: This plan is needed. 17. Mr. Hout noted the main entrance was moved to Eldamain with a secondary access on Faxon. A third access on Beecher was removed. 18. There are a couple wetlands identified with no setbacks around them. The Army Corps will visit to ascertain wetlands setbacks and then the buffer can be determined. 19. Mike Torrence/BKFD comments: Developer needs to insure access around buildings, roads must bear weight of fire trucks and hydrants are needed. Hydrant locations will be included on the plans. 20. There was a discussion of the complete rebuild of Faxon and Beecher. Mr. Whitaker asked about reimbursement for half the road reconstruction, however, Mr. Olson said it is not in the agreement and city ordinance requires this. Timing of construction will be discussed and Mr. Olson said it could be done after construction. They also discussed easements and rights-of-way. Faxon would be the road primarily used for construction traffic. 21. Mr. Whitaker asked if the developer had to improve Beecher Rd. even though the project will have no access on Beecher per the revised plan. Mr. Olson replied yes. Bright Farms improved all the way Page 4 of 4 to their entrance and developments there are funding road improvements. 22. Police Comments: Ms. Noble said the PD asked if they will have access to the gate in the complex. The Police and Fire will both have access and there will be a Knox box and ability to open the gate which will have an alarm. The police also asked if they will have access to the security cameras for emergency purposes. Maps or floor plans will be available for emergencies. There will be on-site security. 23. Ms. Noble said the next steps are the June 4 EDC meeting and a June or July PZC meeting, depending on the project being a PUD agreement or development agreement. Mr. Hout said the focus should be on a PUD. Public Hearing notices and other deadlines were noted. An updated plan and narrative are needed by May 27th. Adjournment There was no further business and the meeting adjourned at 10:08am. Minutes respectfully transcribed by Marlys Young, Minute Taker I have reviewed the applications for Rezoning, Special Use, and Variance request dated June 13, 2024 as submitted by Daniel Kramer on behalf of Nexamp, Yorkville Renewables, LLC, petitioner. The following supplemental materials were included within the original applications including the newly submitted supplemental materials from June 13, 2024: 1) Project Narrative/System Design Summary dated March 9, 2022, as prepared by Nexamp 2) Property Aerial dated 03/13/22, as prepared by Nexamp 3) Legal Description dated August 15, 2022, as prepared by Atwell Group 4) ALTA Survey/NSPS Land Title Survey dated 11/23/2022, as prepared by 5) Special Use Application Plans dated 8/18/22, as prepared by Atwell Group and submitted by Nexamp 6) Glare Study dated Aug. 18, 2022, prepared by Forge Solar 7) Vegetation Management Plan for Solar Sites Utilizing Native Vegetation, as prepared by Natural Resource Services 8) Electrical Diagram dated 01/10/2021, as submitted by Nexamp 9) Manufactures Cut Sheets, as submitted by Nexamp 10) Interconnection Agreement with ComEd 11) Decommissioning Plan, as prepared by Nexamp 12) Application for Rezoning, as prepared by Yorkville Renewables, LLC 13) Application for Special Use, as prepared by Yorkville Renewables, LLC 14) List of Property Owners within 500 feet of subject parcel 15) Copy of Memorandum of Understanding Regarding the Repeal of the Planned Unit Development Agreement for the East Village of Westbury, as executed by Daniel A. and Charene S. Nagel. 16) Application for Variance, as prepared by 126612 Corneils Road Solar, LLC 17) Preliminary Decommissioning Cost Estimate for Yorkville Solar During First 5 Years of Operation, dated January 29, 2024 18) Yorkville Renewables, LLC Response Letter, dated June 13, 2024 19) Final Site Plans, dated June 11, 2024 20) Stormwater Memo, dated February 9, 2024 21) Conditional Use Permit Narrative, dated June 14, 2024 22) Rendering, dated June 13, 2024 23) Kendall County Highway Department Access Approval Email, dated November 9, 2022 The petitioner is seeking to construct a 5-megawatt (MW) alternating current (AC) freestanding community solar farm “garden”. The proposed 23-acre solar farm will be situated on approximately 73.5 acres of existing farmland parcel located near the southwest corner of Galena Road and Route 47 within the former East Westbury Village Planned Unit Development (PUD). The petitioner is also requesting to rezone the parcel from the current R2 Single-Family Traditional Residence District to A-1 Agricultural District zoning for a solar farm and will also require a variance to Section 10-4-13 of the City’s Unified Development Ordinance to decrease the minimum rear and interior side yard setbacks from one hundred (100) feet to eight (8) feet. Memorandum To: Plan Council From: Sara Mendez, Planner I Date: July 18, 2024 Subject: PZC 2024-01 Yorkville Renewables/Nexamp – Solar Farm Rezoning, Special Use, and Variance Based upon my review of the application documents and preliminary plans, I have compiled the following comments (requests to the petitioner are underlined): WESTBURY PUD AGREEMENT COMMENTS: 1. The parcel is within a formally existing Planned Unit Development (PUD) known as East Village of Westbury. 2. A Memorandum of Understanding with the successor property owners of the East Village of Westbury development was executed to repeal the land plan and obligations of the PUD on May 28, 2024 (Ordinance No. 2024-05). 3. The underlying zoning of the property will remain R-2 Single-Family Traditional Residence District. REZONING COMMENTS: 1. Per Table 10-3-12(B) Permitted and Special Uses of the Unified Development Ordinance, solar farms are special uses in the A-1 Agricultural District. 2. Section 10-8-12B of the Unified Development Ordinance states specific standards for rezoning which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application as well as providing an additional attachment to these standards. VARIANCE COMMENTS 1. Section 10-4-13 Alternative Energy Use Standards in the City’s Unified Development Ordinance provides setback specifics for solar farm uses in the A-1 Agricultural District. The petitioner is seeking a variance to decrease the minimum rear and interior side yard setbacks from one hundred (100) feet to eight (8) feet. 2. Section 10-8-9C.1 of the Unified Development Ordinance states specific standards for variance requests which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application to these standards. SPECIAL USE COMMENTS: Zoning The subject property consists of two (2) parcels (#02-05-400-005 and 02-08-200-030) which are currently zoned R-2. The following are the current immediate surrounding zoning and land uses: Zoning Land Use North Westhaven Planned Unit Development (R-2, R-3) Agriculture South Former Westbury East Village (R-2) Agriculture East IL Route 47 B-3 General Business District Transportation Land Use O’Keefe Property/Gas Station/Raging Waves Waterpark West A1-Special Use (Unincorporated Kendall County) Compost Facility/Agriculture • The proposed community solar farm will consist of approximately 11,712 arrays, per the Conditional Use Permit Narrative dated June 14, 2024. • In a Response Letter dated June 13, 2024, the petitioner has stated the total number of tracker motors is estimated between 10 to 176, depending on the final design of the system. • In a Response Letter dated June 13, 2024, the petitioner has stated the operations phase of the lease is for 20 years with several extensions that could extend the operations phase of the project to 40 years. • The Site Layout Plan (Exhibit C-300 C) should be updated to reflect the correct zoning of the property, R-2 Single-Family Traditional Residence District. Location on Site Section 10-4-13 Alternative Energy Use Standards in the City’s Unified Development Ordinance provides setback specifics for solar farm uses in the A-1 Agricultural District. The following compares the yard setbacks required for solar farm uses: Minimum Setback for Equipment to Property Line Proposed Setback Front (East) 100 feet 1,000 feet Interior Side (North) 100 feet 8 feet Side Yard (South) 50 feet from nonresidential/100 feet from residential 8 feet Rear (West) 50 feet from nonresidential/100 feet from residential 8 feet • The location of the solar panels meets the front (east) yard setback for the Solar Farm uses in the A-1 Agricultural District. However, the solar panels appear to encroach into the required rear and interior side yards to the south, west, and north. o The minimum distances required for the rear and west and for the side and south and north is 100 feet, excluding the fence. o The petitioner has filed a variance request to maintain 8 feet from the interior side and rear yard setbacks. • Section 10-4-13B.8.b of the Unified Development Ordinance states that all parts of any freestanding solar energy system shall be set back one hundred (100) feet from side and rear property lines. • Staff has identified the north property line (parallel to Galena Road) as a side property line since there are intervening parcels between the property line of the subject property and Galena Road. The north property line adjacent to the proposed solar farm is not considered a front yard due to Section 10-2-6: Frontage definition in the Unified Development Ordinance which establishes the lot line which abuts a street shall be the front lot line. • The Site Layout Plan (Exhibit C-300 C) should be revised to reflect the proposed interior side yard (north) setback. • The petitioner’s exhibit (C-300 C) indicates the distance of the proposed solar farm and/or the fence line to the nearest residential parcels to the north along Galena Road. • The location of the solar panels meets the buffer area of one thousand (1,000) feet from the nearest solar array to roadway networks, per petitioner’s Exhibit C-300 C. • The location of the solar panels exceeds the one thousand (1,000) foot setback from the nearest solar array to the edge of the bank of the Fox River. Minimum Lot Size Section 10-4-13B.1 of the Unified Development Ordinance states no solar farms shall be erected on any lot less than three (3) acres in size. • In a Response Letter dated June 13, 2024, the petitioner has stated the project intends to develop on approximately 23 acres of overall parcel Maximum Lot Coverage Section 10-4-13B.2 of the Unified Development Ordinance states a solar farm use may occupy up to eighty (80) percent of a given parcel in this district. • As proposed, the solar farm will occupy approximately 31% (23-acres) of the overall existing 73.5 acres of existing farmland. Height The maximum structure height for solar systems, equipment, and structures shall not exceed thirty feet (30’) in height when ground mounted, per Section 10-4-13B.6 in the Unified Development Ordinance. • The petitioner’s exhibit should be revised to display the height of the solar array. Glare/Lighting Section 10-4-13B.13 of the Unified Development Ordinance states solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways. The panels shall be placed to face east and rotate west to follow the path of the sun to collect the most sunlig ht throughout the day. • The petitioner has submitted a glare study and analysis which concludes that there was no potential for glint or glare identified by the analysis. • The petitioner’s exhibit (Rendering, dated June 13, 2024) displays viewshed from angles around the solar farm that illustrate how far away the panels will be from the public-right-of-way (IL Route 47 and Galena Road), as well as from the residential land uses to the north. Noise The transformer is the greatest source of noise on the property. • The petitioner’s exhibit (Sheet C-300 C Site Plan Layout) indicates the transformer is 1,443.2 feet to the nearest residence located to the north on Galena Road. Fencing The petitioner has proposed an eight (8) foot tall, galvanized chain link fence with slats to surround the ~4,600 linear foot perimeter of the solar farm with a 20-foot-wide vehicle access gate. As stated in Section 10-4-13B.9 of the Unified Development Ordinance, Fence Regulations for Solar Farms, states that systems, equipment, and structures shall be fully enclosed and secured by a fence or wall with a height of eight (8) feet. • A Knox box and keys shall be provided to the City’s building department and Bristol Kendall Fire District (BKFD). • Petitioner’s exhibit (Sheet C-600 C Standard Details) indicates the Knox-Box location on the fence that has been added to the Gate Detail Access Road The proposed site access is via a new 20-ft. wide gravel driveway proposed off Galena Road (1.380 acres). • The path provides access to the equipment, however, no formal parking stalls are provided, as no buildings, employees are planned on the site except for the occasional mowing or maintenance visits. • Section 10-4-13-B.5 of the City’s Unified Development Ordinance states off-street parking provided on site shall be paved. o Staff recommends the petitioner have a paved area for off-street parking. • Gravel roads are not permitted for vehicle travel. o The petitioner’s exhibit (C-401 Grading Plan – Access Road) provides a gravel access road pavement section for review and consideration. Staff defers to the City Public Works Director and City Engineer for comment on the road composition. Decommissioning Estimate/Plan The petitioner has provided a decommission plan. • Staff defers to City Engineer. Accessory Use Section 10-4-13-A.2 of the City’s Unified Development Ordinance states solar and wind farms shall be an accessory to the principal permitted use of a site. Therefore, the area and scale of the solar farm must be less than the primary agricultural land use. • As proposed, the solar farm will occupy approximately 31% (23-acres) of the overall existing 73.5 acres of existing farmland. Signage Per Section 10-4-13B.9.a(1) and (2) of the City’s Unified Development Ordinance, warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm. • Additionally, the signs shall be less than four (4) square feet and made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall be displayed. • The emergency contact sign in petitioner’s exhibit C-600 C should be revised to provide the dimensions of the emergency contact sign. Landscaping • Defer to Engineering Comments related to landscaping. Utilities Per Section 10-4-13B.4 of the Unified Development Ordinance, power and communication lines running in between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground. • The routing of the electrical infrastructure required to connect to the ComEd system includes electrical cables installed underground for the entire project with the exception of a series of overhead poles (approx. 6-8) for a wire connection near IL Route 47. Utility Service Provider Section 10-4-13-B.4.a of the Unified Development Ordinance states that evidence that the electric utility service provider that serves the proposed site has been notified of the owner’s intent to install an interconnected customer owned electricity generator. • The petitioner has provided a copy of an Interconnection Agreement, as prepared by ComEd dated 02/24/2022. Special Use Standards Section 10-8-5-D state specific standards for special use which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application as well as providing an additional attachment to these standards. Easement Access Section 10-4-13-B.14 of the City’s Unified Development Ordinance states an easement, or other authorized means of access as determined by the City Attorney, shall be provided over the property to allow the City or its contractor to enter and remove the abandoned system in compliance with the City Code. 202400006174 DEBBIE GILLETTE RECORDER- KENDALL COUNTY, IL RECORDED: 06/ 04/2024 01: 35 PM RECORDING FEE 57.00 PAGES: 6 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2024-25 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE REPEALING A PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE EAST VILLAGE OF WESTBURY Passed by the City Council of the United City of Yorkville,Kendall County, Illinois This 28'day of May, 2024 Prepared by and Return to: United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County, Illinois on June 4,2024. Ordinance No.2024-25 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE REPEALING A PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE EAST VILLAGE OF WESTBURY WHEREAS,the United City of Yorkville,Kendall County,Illinois(the"City")is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, Ocean Atlantic/PFG-Westbury, LLC, a Delaware limited liability company (the First Developer") acquired, annexed, rezoned and engineered an approved Planned Unit Development pursuant to an Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement,as amended(the"Planned Unit Development Agreement")for the East Westbury Subdivision consisting of three hundred(300)acres(the"Acreage") located in the City; and WHEREAS,the First Developer was unable to proceed with the construction of the Planned Unit Development and lost control of and to all rights to the entire Acreage; and, WHEREAS,the loss of control and all rights resulted in the entire Acreage being currently owned by the eight (8) owners listed on Exhibit A attached hereto, each owner having remained in ownership or by having acquired that portion of the Acreage as identified by the parcel numbers listed with the owner's name(the"Current Owners"); and, WHEREAS, the Current Owners requested the City to repeal the approved Planned Unit Development Agreement for the Acreage with the exception of those labeled 4B-E,POD 5-E,POD 6-E and 7-E ("Phase I") further identified on Exhibit B attached hereto, which request the City was prepared to consider conditioned upon the written confirmation from each of the Current Owners of their acceptance of the terms and conditions hereinafter set forth,which confirmation has now been received. WHEREAS,on May 9,2006,there was recorded in the Office of the Recorder of Deeds of Kendall County, Illinois, Document No. 200600013759, entitled `Memorandum of Contract Regarding Obligation to Dedicate School/Park Site'. To the extent that the City and/ or the School District may be third party beneficiaries of any obligations, by the adoption of this Ordinance, all obligations, if any, reflected or referenced in said Memorandum, as therein contained, for School/Park Site dedication or cash in lieu thereof are waived and terminated. NOW, THEREFORE, Be It Ordained by the Mayor and City Council of the United City of Yorkville, Kendall County,Illinois as follows: Section 1. The foregoing Preambles are hereby made a part of and incorporated into this Ordinance as if fully restated and in this paragraph 1. Section 2. The City hereby repeals Ordinance No. 2004-36 adopted by the Mayor and City Council (the"Corporate Authorities") on September 9, 2004, as follows, subject to the satisfaction of the conditions set forth below: a.That the Acreage shall immediately be rezoned R-2 Single-Family Traditional Residence District, said R-2 District being its underlying zoning district for the Acreage; and, Ordinance No.2024-25 Page 2 b.With reference to Parcels Numbered 02- 08-200-018 (2.91 acres) and 02- 06-400-012 (3.93 acres), owned by John Undesser and Cynthia Undesser, the classification of said parcels as R-2 Single Family Traditional Residence, shall not affect the current uses of the parcels (i.e. farming operations, hay, straw, grain storage, truck and trailers, repairs and maintenance, and recreational vehicles). The foregoing non-commercial uses of the property are acknowledged by the City to be, and shall remain as, Legal Non-Conforming Uses in the Zoning District. c.With reference to Parcel Number 02-05-400-013 (2.48 acres), owned by Ceja Victor E. and Marilex A. Toro, common address 10292 Galena Rd., the classification of said parcel as R-2 Single Family Traditional Residence shall not affect current uses of the parcel (i.e., indoor storage and auto repair and maintenance performed in the outbuilding). The foregoing non-commercial uses of the property are acknowledged by the City to be,and shall remain as,Legal Non-Conforming Uses in the Zoning District. d.That all obligations and conditions for development of the Acreage as set forth in the Planned Unit Development Agreement shall be deemed cancelled upon the repeal of Ordinance No. 2004-36 adopted by the Corporate Authorities on September 9, 2004, and Ordinance No. 2006-34 on April 25, 2006,with exception and exclusion of the area designated as Phase I.As part of this proposed ordinance repeal, Phase I will retain its current rights to build 85 units of Single Family, and 307 units of multi- plex/townhomes,both as marked on Exhibit B; and, e.That whenever development of the Acreage occurs, with the exception of Phase I, all development approvals shall be subject to all procedures required for approvals as of the time of development and all fees, land donations and assessments shall apply to the Acreage as are applicable to all developments within the R-2 zoning district. f.That the foregoing covenants and agreements are contingent upon (i) obtaining a written release within eighteen (18) months of execution of this ordinance from Yorkville's School District 115 of the 18.1 acres dedicated as school/park site as stated in Paragraph 14 of Ordinance No. 2004-36 and adopted by the Corporate Authorities on September 9, 2004, ii)the Current Owner of Phase I identified as PIN 02-08-400-004 agrees to proceed with the development of residential units on 96.59 acres upon execution of a development agreement; and(ii)the Current Owner of the Phase I agrees to pay outstanding fees owed to the City in the amount of 418,952.50 for Rob Roy Storm Sewer Outfall installation and previously incurred engineering consultant fees in accordance with the terms and conditions negotiated between said Current Owner and the City from the proceeds of an initial closing to a home builder. g. The passage of this ordinance by the Corporate Authorities is confirmation of the City's release of the 18.1 acres dedicated as school/park site as stated in Paragraph 14 of Ordinance 2004-36 by the repeal of said Ordinance 2004-36 as hereinabove stated. Ordinance No.2024-25 Page 3 Section 3. That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 28th day of May,A.D. 2024. IT CLERK KEN KOCH ABSENT DAN TRANSIER AYE ARDEN JOE PLOCHER ABSENT CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS AYE RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this 3I day of NA 9 A.D. 2024. 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'\ t14 a r T C i s, s 1 MITI l IPl I XC a.,`yr '„w .,> , ,• r.,. F c'I' 13acres F° ° • ` i 1 1 ,. i're" e. a y. 124 unite t w 1 A t• , x d POD 3B-E R• r :Y' I MULTI-FLEX A t y 4, r .sr t r '.. A I 1.16.3 a acres r t 138 unicst ' for ... * ,„ u' gyms n''''' L'`144Nfe,">11":: '''' ok'''''' r b;/, 1 re f 8-G 2 r ° tS t. OPEN SPACE f wr+ .A s+**• 7,; r o .... -1. ;9' 9F r a ,, rye+ Z19ntiont. ' .• `.` 4 V 9\, Y I` • f retention Fps*-- `NM{ 1 POD S I tM 4 r ;''se t•t jr t 1 y ` a T + I4r SINGLE FAMILY A ;y I r POD 5-Es I7 F 7 acres y 4 L?. u I• t • I,'m4 47 units a i1 I ,i,j,: Y' \' y//r fl i MUL"I7-FLEX B r9 4 Viz+ 13.52 acres T S.11k ISIKL I R,ttI F PIN 02.-08-400-004ct:;:::'-l 96.59Acres fAac •t4rtr+s ...., 1.9i acmx ,J z 1 r P Phase I xa r 4A-E W OPEN SPA('I 1 L I, , • * p 97 n acres POD 6-E golf/ retenrior J 4 f SINGLE FAMILY B11, rt t 3` 31.68 acresr s' fps 35 11nin f- 149 IQ-E. rr fir1`ARKSITE'1 t j I MUL1]-PL.EXC 13.79 acres s ` Itr n i 170 onus 4 `,7 . 4 4 4g-E lie t i 1y <# OPEN SPACE i.• 114 4 '4 .j4444 4 4 N. 7,',/,ry ,+'}„'+'V 2 3.29acres rerenrion westbury 4. ,i EAST VILLAGE a rr . r„ coin/ells resad SCALE'-itn NORTH Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Date: October 3, 2023 To: Krysti Barksdale-Noble (Community Development Director) From: James Jensen (Chief of Police) Reference: Plan Review – PZC 2023 - Project Name: Yorkville Renewables, LLC Nexamp Solar Westbury (Nagel) Applicant Name: Dan and Charene Nagel Petitioner Name: Christopher F. Clark (Yorkville Renewables, LLC) Project Number: PZC 2023- Project Location: 10292 Galena Road, Yorkville, IL (Parcel # 02-08-200-030) The comments listed below are referenced to the above project: Signage Handicapped Signage Required: ____ Yes __X__ No Comments: N/A **Signage must meet MUTCD Standards **Fine amount must be listed on sign Speed Limit Signage Required/Recommended ____ Yes __X__ No School Zone Special Signage ____ Yes __X__ No Special Speed Zone Signage Requested ____ Yes __X__ No No Parking Signage Recommended? ____ Yes __X__ No ____ No Parking After 2” Snow Fall No Parking Locations: • N/A Dedicated Parking signage needed? ____ Yes __X__ No ____ Located by Park ____ School ____ Common Parking Area Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Are there Street Name Conflicts? ____ Yes __X__ No Comments: N/A Pedestrian/Bike Path Crossing Signage? ____ Yes __X__ No Warning Ahead Signs are Required NO Construction Traffic Signage being requested? ____ Yes __X__ No Location: _________________________________________________________ ***We request that all signage is posted prior to the first occupancy permit being issued for each POD or phase.*** ***All traffic control signage must conform to MUTCH Standards specific to location, size, color, and height levels*** Roadway Street Width: _____________ Should parking be allowed on BOTH sides of road? ____ Yes ____ No Should parking be restricted to fire hydrant side? ____ Yes ____ No Center Roadway Medians: ____ Yes ____ No Limit Parking on Median? ____ Yes ____ No Signage Needed? ____ Yes ____ No Room for Emergency Veh. w/ one lane Obstructed? ____ Yes ____ No Do you have intersection Concerns? __X__ Yes ____ No Concerns as listed below: • Location of the driveway(s) into Yorkville Renewables • Driveway(s) clearly marked with signage in both directions • Distance from driveway(s) on Galena Road to the intersection of Rt. 47 would be concerning due to vehicle speeds on Galena Road Landscape Low Growth or Ground Cover Landscaping? ____ Yes ____ No Low Growth or Ground Cover Landscaping by windows? ____ Yes ____ No Low Growth or Ground Cover Landscaping by Entrances ____ Yes ____ No Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Comments: N/A Ingress / Egress Entrance/Exits match up with adjacent driveways? ____ Yes __X__ No Total Entrance/Exits for development? __1__ Are vehicle entrance/exits safe? ____ Yes ____ No Are warning signs for cross traffic requested? __X__ Yes ____ No Raised Median & Signage for Right in & Right Out? ____ Yes __X__ No Concerns: __________________________________________________________ Emergency Contact for after hours during construction: Information needed Is this a gated or controlled access development? __X__ Yes ____ No If yes, will Police & Fire have Access? __X__ Yes ____ No Comments: Will police have access in case of emergency? Miscellaneous Individual Mailboxes? ____ Yes __X__ No Cluster Mailbox Kiosks? ____ Yes __X__ No Will this cause traffic choke points? ____ Yes __X__ No Are sidewalks being planned for the development? ____ Yes __X__ No Are sidewalk crosswalks needed? ____ Yes __X__ No Are there bike paths planned for this project? ____ Yes __X__ No Proper Signage needed for bike paths ____ Yes ____ No ____ Stop Signs ____ Yield Signs ____ NO Motorized Vehicles ____ Trespassing ____ Other _______________________________________ Are there HOA Controlled Roadway OR Parking Areas? ____ Yes ____ No Ample Parking on Site? ____ Yes ____ No Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Are there other City Ordinance Concerns? ____ Yes ____ No ____ Noise Ordinance ____ Parking Ordinances ____ Alarm Ordinance Security Will security cameras be in use? ____ Yes ____ No Comments: Will there be security cameras used on site? Will the business/management provide the police department remote access to the camera system (User credentials only)? ____ Yes ____ No Comments: If you will have camera access on site would the police department have remote access into the system for emergency purposes only? What are the business Hours of Operation? N/A Will the property be alarmed? ____ Yes ____ No Comments: Will the gate be alarmed? Will you provide Floor Plans/Maps to the police department ____ Yes ____ No Comments: N/A I hope you find this information helpful, and we look forward to reviewing the revisions. If you should have any questions, comments, or concerns please do not hesitate to contact me. PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE UNITED CITY OF YORKVILLE PLANNING AND ZONING COMMISSION PZC 2024-01 NOTICE IS HEREBY GIVEN THAT Yorkville Renewables, LLC, contract lessee, and Daniel A. and Charene S. Nagel, property owners, petitioners, have filed applications with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification, special use authorization, and a bulk regulation variance approval. The real property is located on the southwest corner of Galena Road and Illinois Route 47. The petitioners are requesting rezoning approval from R-2 Single-Family Traditional Residence District to A-1 Agricultural District. The petitioners are also requesting special use permit approval in pursuant to Section 10-8-5 of the Unified Development Ordinance for a solar farm. Lastly, the petitioners are requesting a bulk regulation variance to Section 10-4-13.B of the Unified Development Ordinance requesting a reduction in the north, west, and south property lines setback from 50 feet to 8 feet. The legal description is as follows: PARENT PARCEL LEGAL DESCRIPTION: LEGAL DESCRIPTION PER NEAR NORTH TITLE GROUP TITLE COMMITMENT IL1808635- 114 DATED SEPTEMBER 28, 2023 & DOC. NO.: 202100021967 & 202100002603. THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO T HE WEST LINE •OF 1HE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWES T QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 03 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY) 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 50 MINUTES 24 SECONDS EAST, 202.52 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 38 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 57 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 57 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 54 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 17 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 13 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 38 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 13 SECONDS EAST, 991.74 FEET; THENCE NORTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTE 18 SECONDS EAST 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 50.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73 DEGREES 56 MINUTES 53 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.62 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREE 06 MINUTES 41 SECONDS EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); THENCE SOUTHERLY, 496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 11 MINUTES 01 SECOND WEST; THENCE SOUTH 01 DEGREE 06 MINUTES 41 SECONDS EAST, 118.67 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 19 SECONDS WEST, 450.34 FEET; THENCE NORTH 09 DEGREES 39 MINUTES 39 SECONDS EAST, 183.43 FEET; THENCE NORTH 87 DEGREES 18 MINUTES 59 SECONDS WEST, 68.19 FEET; THENCE SOUTH 77 DEGREES 17 MINUTES 38 SECONDS WEST, 142.43 FEET; THENCE SOUTH 64 DEGREES 38 MINUTES 07 SECONDS WEST, 40.98 FEET; THENCE SOUTH 56 DEGREES 27 MINUTES 23 SECONDS WEST, 62.20 FEET; THENCE SOUTH 54 DEGREES 35 MINUTES 06 SECONDS WEST, 47.33 FEET; THENCE SOUTH 60 DEGREES 03 MINUTES 18 SECONDS WEST, 101.98 FEET; THENCE SOUTH 69 DEGREES 40 MINUTES 43 SECONDS WEST, 181.54 FEET; THENCE SOUTH 35 DEGREES 33 MINUTES 08 SECONDS WEST, 33.43 FEET; THENCE SOUTH 86 DEGREES 05 MINUTES 40 SECONDS WEST, 147.85 FEET; THENCE NORTH 78 DEGREES 13 MINUTES 45 SECONDS WEST, 80.00 FEET; THENCE NORTH 59 DEGREES 05 MINUTES 34 SECONDS WEST, 153.76 FEET; THENCE NORTH 74 DEGREES 47 MINUTES 54 SECONDS WEST, 27.24 FEET; THENCE NORTH 06 DEGREES 17 MINUTES 38 SECONDS WEST, 224.12 FEET; THENCE NORTH 73 DEGREES 10 MINUTES 01 SECOND WEST, 184.74 FEET; THENCE NORTH 85 DEGREES 19 MINUTES 13 SECONDS WEST, 118.52 FEET; THENCE SOUTH 33 DEGREES 11 MINUTES 19 SECONDS WEST, 84.38 FEET; THENCE SOUTH 34 DEGREES 29 MINUTES 59 SECONDS WEST, 90.01 FEET; THENCE SOUTH 46 DEGREES 15 MINUTES 48 SECONDS WEST, 122.93 FEET; THENCE SOUTH 64 DEGREES 24 MINUTES 44 SECONDS WEST, 53.07 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 40 SECONDS WEST, 70.96 FEET; THENCE NORTH 76 DEGREES 54 MINUTES 34 SECONDS WEST, 59.31 FEET; THENCE NORTH 61 DEGREES 03 MINUTES 12 SECONDS WEST, 59.31 FEET; THENCE NORTH 45 DEGREES 11 MINUTES 49 SECONDS WEST, 59.31 FEET; THENCE SOUTH 52 DEGREES 43 MINUTES 52 SECONDS WEST, 150.00 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 365.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31 DEGREES 33 MINUTES 56 SECONDS WEST; THENCE SOUTH 64 DEGREES 08 MINUTES 15 SECONDS WEST, 204.82 FEET; THENCE SOUTH 88 DEGREES 59 MINUTES 57 SECONDS WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 03 SECONDS WEST ALONG SAID WEST LINE, 957.25 FEET TO THE POINT OF BEGINN ING, IN KENDALL COUNTY, ILLINOIS. EXCEPT THAT PORTION THEREOF DESCRIBED IN THE QUIT CLAIM DEED RECORDED AUGUST 16, 2018 AS DOCUMENT 201800011813, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF 1HE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86°50'24" EAST, 202.52 FEET; THENCE SOUTH 07°50'38" EAST, 23.88 FEET; THENCE NORTH 86°41'57" EAST, 65.30 FEET; THENCE NORTH 83°59'57" EAST, 125.00 FEET; THENCE SOUTH 06°04'54" EAST, 79.10 FEET; THENCE SOUTH 14°15'17" EAST, 67.24 FEET; THENCE SOUTH 30°16'13" EAST, 44.66 FEET; THENCE SOUTH 29°19'38" EAST, 22.58 FEET; THENCE NORTH 89°16'13" EAST, 991. 74 FEET; THENCE NORTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13°02'53" EAST; THENCE NORTH 21°01'18" EAST, 318.85 FEET; THENCE NORTHERLY TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.0 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04°45'09" EAST; THENCE NORTH 11°31'00" WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07°52'07" WEST; THENCE NORTH 06°19'17" WEST, 33.01 FEET; THENCE NORTH 05°23'16" WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09°31'35" EAST; THENCE NORTH 16°03'07" EAST, 50.0 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73°56'53" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.62 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SE CTION 8; THENCE SOUTH 01°06'41" EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); THENCE SOUTHERLY, 496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CUR VE BEARING SOUTH 05°11'01" WEST; THENCE SOUTH 01°06'41" EAST, 118.67 FEET; THENCE SOUTH 88°53'19" WEST, 450.34 FEET; THENCE NORTH 09°39'39" EAST, 183.43 FEET; THENCE NORTH 87°18'59" WEST, 68.19 FEET; THENCE SOUTH 77°17'38" WEST, 142.43 FEET; THENCE SOUTH 87°18'59" WEST, 68.19 FEET; THENCE SOUTH 77°17'38" WEST, 142.43 FEET; THENCE SOUTH 64°38'07" WEST, 40,98 FEET; THENCE SOUTH 56°27'23" WEST, 62.20 FEET; THENCE SOUTH 54°35'06" WEST, 47.33 FEET; THENCE SOUTH 60°03'18" WEST, 101.98 FEET; THENCE SOUTH 69°40'43" WEST, 181.54 FEET; THENCE SOUTH 35°33'08" WEST, 33.43 FEET; THENCE SOUTH 86°05'40" WEST, 147.85 FEET; THENCE SOUTH 78°13'45" WEST, 80.0 FEET; THENCE NORTH 59°05'34" WEST, 153.76 FEET; THENCE NORTH 74°47'54" WEST, 27.24 FEET; THENCE NORTH 06°17'38" WEST, 224.12 FEET; THENCE NORTH 73°10'01'' WEST, 184.74 FEET; THENCE NORTH 85°19'13" WEST, 118.52 FEET; THENCE SOUTH 33°11'19" WEST, 84.38 FEET; THENCE SOUTH 34°29'59" WEST, 90.01 FEET; THENCE SOUTH 46°15' 48" WEST, 122.93 FEET; THENCE SOUTH 64°24'44" WEST, 53.07 FEET; THENCE SOUTH 89°30'40" WEST, 70.96 FEET; THENCE NORTH 76°54'34" WEST, 59.31 FEET; THENCE NORTH 61°03'12" WEST, 59.31 FEET; THENCE NORTH 45°11'49" WEST, 59.31 FEET; THENCE SOUTH 52°43'52" WEST, 150.0 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE TO THE NORTHEAST, HAVING A RADIUS OF 365.0 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31°33'56" WEST; THENCE SOUTH 64°08'15" WEST, 204.82 FEET; THENCE SOUTH 88°59'57" WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01°00'03" WEST ALONG SAID WEST LINE, 957.25 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART OF THE ABOVE-DESCRIBED TRACT LYING NORTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, A DISTANCE OF 3579.88 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 88°59'57" EAST PERPENDICULAR TO SAID WEST LINE, 2172.88 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760 FOR THE POINT OF TERMINATION OF SAID LINE; ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. ALSO, INCLUDING THE LAND DESCRIBED IN QUIT CLAIM DEED RECORDED AUGUST 16, 2018 AS DOCUMENT 201800011814, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS ( 58.74 FEET) SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY, ALONG THE CENTERLINE OF SAID OLD GALENA ROAD, TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH, ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, TO A POINT 1080.0 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 64°02'00" EAST, 308.99 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 64°02'00" WEST, 308.99 FEET, ALONG THE LAST DESCRIBED COURSE TO THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 AT A POINT 1080.0 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST, 2447.03 FEET ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8; THENCE NORTH 88°59'57" EAST, 68.98 FEET; THENCE NORTH 64°08'15" EAST, 204.82 FEET; THENCE SOUTHEASTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 365.0 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 31°33'56" EAST; THENCE NORTH 52°43'52" EAST, 150.0 FEET; THENCE SOUTH 45°11'49" EAST, 59.31 FEET; THENCE SOUTH 61°03'12" EAST, 59.31 FEET; THENCE SOUTH 76°54'34" EAST, 59.31 FEET; THENCE NORTH 89°30'40" EAST, 70.96 FEET; THENCE NORTH 64°24'44" EAST, 53.07 FEET; THENCE NORTH 46°15'48" EAST, 122.93 FEET; THENCE NORTH 34°29'59" EAST, 90.01 FEET; THENCE NORTH 33°11'19" EAST, 84.38 FEET; THENCE SOUTH 85°19'13" EAST, 118.52 FEET; THENCE SOUTH 73°10'01" EAST, 184.74 FEET; THENCE SOUTH 06°17'38" EAST, 224.12 FEET; THENCE SOUTH 74°47'54" EAST, 27.24 FEET; THENCE SOUTH 59°05'34" EAST, 153.76 FEET; THENCE SOUTH 78°13'45" EAST, 80.0 FEET; THENCE NORTH 86°05'40" EAST, 147.85 FEET; THENCE NORTH 35°33'08" EAST, 33.43 FEET; THENCE NORTH 69°40'43" EAST, 181.54 FEET; THENCE NORTH 60°03'18" EAST, 101.98 FEET; THENCE NORTH 54°35'06" EAST, 47.33 FEET; THENCE NORTH 56°27'23" EAST, 62.20 FEET; THENCE NORTH 64°38'07" EAST, 40.98 FEET; THENCE NORTH 77°17'38" EAST, 142.43 FEET; THENCE SOUTH 87°18'59" EAST, 68.19 FEET; THENCE SOUTH 09°39'39" WEST, 1000.44 FEET; THENCE SOUTH 73°08'14" WEST, 437.67 FEET; THENCE SOUTH 61°50'59" WEST, 297.0 FEET; THENCE SOUTH 39°47'51" WEST, 1584.39 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART OF THE ABOVE-DESCRIBED TRACT LYING SOUTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, A DISTANCE OF 3579.88 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 88°59'57" EAST PERPENDICULAR TO SAID WEST LINE, 2172.88 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760 FOR THE POINT OF TERMINATION OF SAID LINE; ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. •SURVEYOR'S NOTE: SCRIVENERS ERROR FOUND IN TITILE COMMITMENT SCHEDULE A, CORRECTED PER WARRANTY DEED RECORDED 1/29/2021 AS DOCUMENT NUMBER 202100002603• AS-SURVEYED LEGAL DESCRIPTION: THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF THE SOUTHEAST QUARTER OF SECTION 5; 1HENCE SOU1H ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 04 SECONDS WEST 3404.23 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 8 6 DEGREES 50 MINUTES 28 SECONDS EAST, 202.57 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 42 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 53 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 53 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 58 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 21 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 17 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 42 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 10 SECONDS EAST, 991.82 FEET; THENCE NORTHERLY, 143.33 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTE 18 SECONDS EAST 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 52.18 FEET TO THE SOUTHERLY RIGHT -OF- WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73 DEGREES 50 MINUTES 13 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.45 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREE 06 MINUTES 42 SECONDS EAST ALONG SAID EAST LINE, 1189.49 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); THENCE SOUTHERLY, 495.91 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 10 MINUTES 32 SECOND WEST; THENCE SOUTH 01 DEGREE 06 MINUTES 47 SECONDS EAST, 118.69 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 15 SECONDS WEST, 450.38 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760; THENCE NORTH 09 DEGREES 39 MINUTES 35 SECONDS EAST 114.02 FEET ALONG SAID EASTERLY LINE; THENCE SOUTH 88 DEGREES 59 MINUTES 56 SECONDS WEST 2172.95 TO THE WEST LINE OF SAID EAST HALF; THENCE NORTH 01 DEGREE 00 MINUTES 04 SECONDS WEST 904.35 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. •SURVEYOR'S NOTE: CORRECTION PER WARRANTY DEED RECORDED 1/29/2021 AS DOCUMENT NUMBER 202100002603• PINs: 02-05-400-005 and 02-08-200-030 A copy of the application is available for review during normal City business hours at the office of the Community Development Director. NOTICE IS HEREWITH GIVEN THAT the Planning and Zoning Commission for the United City of Yorkville will conduct a Public Hearing on said applications on Wednesday, September 11, 2024 at 7 p.m. at the United City of Yorkville, City Hall, located at 651 Prairie Pointe Drive, Yorkville, Illinois 60560. The public hearing may be continued from time to time to dates certain without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville Community Development Department, City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. JORI BEHLAND City Clerk COUNTY, ILLINOIS. 1250 E. Diehl Road, Suite 300 | Naperville, IL 60563 | 630.577.0800 Tel | 630.577.0900 Fax | www.atwell-group.com August 15th, 2024 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 651 Prairie Pointe Yorkville, IL 60560 Atwell, LLC Project No. 22001787 RE: City of Yorkville/EEI Yorkville Renewables Ms. Krysti Barksdale-Noble, Atwell, LLC is in receipt of City of Yorkville’s/EEI‘s review letter, dated July 10, 2024 and Hey and Associates, Inc. review letter dated July 2, 2024, regarding their review of the submittal made for the proposed Yorkville Renewables project off of Galena Road in Yorkville, IL 60560. We have revised the plans according to those comments, and we offer the following responses. EEI Comments General Review Comments: Comment 1: The following permits may be required and should be provided to the city when obtained. The City and EEI should be copied on all correspondence with the agencies. • IEPA NPDES General Construction Permit is required. The Notice of Intent must be filed with IEPA 30 days prior to start of construction. • Stormwater permit application in accordance with the Yorkville Storm Water Management Ordinance (Kendall Countywide Ordinance). • Kendall County for access to Galena Road. • IDOT for access to Route 47. Response 1: Acknowledged. Comment 2: We acknowledge the receipt of the approval from Kendall County for access to Galena Rd. Response 2: Acknowledged. Comment 3: A field tile survey will be required. Response 3: A Drain Tile Investigation Survey is the process of being coordinated with Huddleston McBride. A copy of the completed survey will be provided upon receipt. Comment 4: A plat of easement for perimeter and stormwater management easements will be required. Response 4: Acknowledged, a plat of easement will be provided with final construction drawings/permits. Page 2 of 7 Comment 5: The decommissioning bond or letter of credit will need to be 120% of the approved estimate. Response 5: Acknowledged, this has been included in the OPC and will be provided with final construction drawings/permits. Comment 6: The comments in the attached review letter from the City’s landscaping consultant must be addressed and a revised landscaping plan submitted. Response 6: All comments from the attached landscaping consultant have been addressed. Comment 7: Truck turning exhibits for delivery and emergency vehicles should be submitted. Response 7: A truck turning exhibit has been provided with this submittal. Stormwater Management Memo Review Comments: Comment 8: A City of Yorkville Stormwater Permit Application should be submitted. Response 8: Acknowledged, the Stormwater Permit will be provided with final construction drawings/permits. Comment 9: The report should be signed and sealed by a Professional Engineer prior to final approval. Response 9: Acknowledged, the revised stormwater memo has been signed and sealed by a Professional Engineer. Comment 10: After discussions with Kendall County, it was determined that the following criteria should be used for design of stormwater management systems for solar farms: • The change from agricultural to native vegetation will not be considered as being hydrologically disturbed. • Disturbance area should only include areas to be graded or areas where surface type will be changed to impervious area. Response 10: Acknowledged, due to this change in requirement detention basins are no longer requirement for this project. Comment 11: In the Proposed Conditions section, the narrative says that the “project will flow both undetained and detained offsite”. It should be noted that the detention is onsite. Response 11: The detention basins have been removed from the plans and the note revised. Comment 12: The northeast basin should have 1-foot of freeboard. Response 12: The detention basins have been removed from the plans. Comment 13: Provide volume calculations for the compensatory storage area. Response 13: The proposed entrance road off of Route 47 is no longer proposing fill within the flood zone. Compensatory storage is no longer required. Page 3 of 7 Comment 14: Provide storm sewer calculations. Response 14: Calculations for the culverts have been provided as part of this submittal. Comment 15: Provide orifice and spillway calculations for the release rates. Response 15: The detention basins/spillways have been removed from the plans. Final Engineering Plans Review Comments: C-000 Cover Sheet Comment 16: The plans shall be signed and sealed by a Professional Engineer prior to final approval. Response 16: A seal and signature has been added to the cover sheet. Comment 17: The street address for the City’s contacts should be revised to 651 Prairie Pointe. Response 17: The City address has been updated on the cover sheet. C-200 Soil Erosion and Sediment Control Plan Comment 18: Silt fence is needed on the west side of the site. Response 18: A silt fence has been added to the west side of the site. Comment 19: The slopes of the detention basins should have erosion control blanket. It’s unclear at this scale if it is shown or not. Response 19: The detention basins have been removed from the plans. Comment 20: Culvert protection should be shown for the proposed culverts. Response 20: Permanent riprap protection is proposed for all culverts. C-300 Site Layout Plan Comment 21: Does the driveway off of Rte 47 just end at the floodplain? If traffic is intended to cross the floodplain construction purposes, then the road should be shown extended. Response 21: The driveway off of Route 47 is intended only for access to the utility poles along that road. Access to the solar arrays will be off of Galena Road. Comment 22: If the Rte 47 driveway is intended to be used as shown, is it necessary to have the HMA apron for the limited traffic that would be using that driveway. Response 22: An HMA apron is required by IDOT. C-402 Grading Plan – Basins Comment 23: Show the proposed grading after the stockpiles are removed. Page 4 of 7 Response 23: The existing stockpiles are in the process of being removed. Once they are removed the site will be re-surveyed and a copy will be provided to the city. Comment 24: The volume provided for the southwest basin is shown as 103.983 cu ft, but the stormwater report shows a volume of 17,442 cu ft. Confirm the correct volume. Response 24: The detention basins have been removed from the plans. Comment 25: Revise the grading on the north end of the southwest basin. Water will pool at the 650 contour in the northwest corner the way it is currently shown. Response 25: The detention basins have been removed from the plans. Comment 26: The rim shown on the Southwest Detention Basin Restrictor Manhole detail conflicts with the callout for Restrictor MH-1. Response 26: The detention basins have been removed from the plans. Comment 27: The maximum allowable spacing between storm sewer manholes is 500 feet. Add additional manholes as needed. Response 27: The detention basins and associated storm sewer pipes have been removed from the plans. Comment 28: Show drainage flow arrows throughout the site. Response 28: Drainage arrows have been added to the grading sheet C-400. Comment 29: Show the emergency overland flow route. Response 29: The detention basins have been removed from the plans. Comment 30: The top of the embankment for the northeast basin should be 647.00 to provide the required 1-foot of freeboard. Response 30: The detention basins have been removed from the plans. Comment 31: The spillways should have a concrete curtain wall for erosion control. See the Unified Development Ordinance – 10-A-7-J.7 for additional details. Response 31: The detention basins and spillways have been removed from the plans. Comment 32: Detention basins will need to be in a Stormwater Management Easement. Response 32: The detention basins have been removed from the plans. C-600 Standard Details Comment 33: Include a typical section for the detention basins. Response 33: The detention basins have been removed from the plans. Page 5 of 7 Engineer’s Opinion of Probable Decommissioning Costs: Comment 34: The items with “TBD” quantities should be estimated with a value to get a more accurate total cost. Response 34: TBD quantities have been filed in. Comment 35: The assumptions listed specify that the estimate would be redone every 5 years. The UDO requires the estimate to be redone every 3 years. Response 35: The estimate assumptions were revised to 3 years. Comment 36: An inflation rate of 3% should be included in the estimate. A note specifying the years used for the lifetime of the project should be added when calculated the inflation costs. Response 36: An inflation rate has been added to the estimate Hey and Associates Inc. Comments Building Foundation Landscape Zone Comment 37: No buildings are proposed, so therefore building foundation landscape zone requirements do not apply. Response 37: Acknowledged. Parking Area Perimeter Landscape Zone Comment 38: No off-street parking areas abut a public or private right-of-way (excluding alleys), so therefore parking area perimeter landscape zone requirements do not apply. Response 38: Acknowledged. Parking Area Interior Landscape Zone Comment 39: No off-street parking areas consisting of 10 or more spaces are proposed, so therefore parking area interior landscape zone requirements do not apply. Response 39: Acknowledged. Transition Landscape Zone Comment 40: Per information and direction provided by the City, the proposed development will be zoned A-1 Agriculture and the adjacent parcels are R-2 residential. The UDO has no specific transition zone landscape requirements for this situation. However, because the proposed development is a Special Use the City has the discretion to stipulate a higher standard. The current plan includes a mix of a few evergreen trees and mostly shrubs along the north and south borders of the area Page 6 of 7 containing the solar panels. This mix of plantings does provide some screening but does not meet the requirements of any transition zone described in the UDO. The City’s 2016 Comprehensive Plan (Comp Plan) was reviewed for potential guidance. In the Route 47 and Eldamain Corridor sections of the Comp Plan, reference was made to establishing a “rural character buffer” within both Corridors. Since a Type D transition zone was recently recommended along Eldamain Road for a large tech development, building upon precedent we would recommend that a Type D transition zone would be appropriate along Route 47. It is also of note that the Comp Plan identified the space between Rob Roy Creek and Route 47 at the NexAmp Nagle site as a natural area. A more natural aesthetic (e.g., restored prairie, woodland, and/or riparian corridor) would also be appropriate at this specific location. Per the UDO, a Type D transition zone includes a minimum of 5 understory trees, 5 evergreen/canopy trees, and 35 shrubs/native grasses per 100 linear feet. We suggest a modified Type D transition zone consisting of 5 native shade trees and 5 native understory trees per 100 linear feet; existing native trees may be included toward this requirement if a tree survey documenting their presence and condition is submitted. We also recommend native prairie grass and wildflower seeding in lieu of the 35 shrubs/native grasses per 100 linear feet. A maintenance plan should be submitted describing how this natural landscape will be maintained to ensure that desired species become established, persist, and the area is not overtaken by weeds. Response 40: The modified transition zone D has been applied along the eastern fence line. Nexamp asks the city to approve the north and south property line landscaping as proposed. A maintenance plan will be provided with final construction drawings/permits. Species Diversity Requirements Comment 41:Two vegetated stormwater management areas were identified on the plans. The hatch legend identifies these areas as “Proposed Basin Seed Mix (To Be Provided with Construction Documents).” Therefore, compliance with species diversity requirements cannot be assessed at this time due to lack of information. Response 41: The detention basins have been removed from the plans. Species/genus diversity mixtures have been added to the plant schedule. Tree Preservation and Removal Comment 42: No live tree with a 4” or greater DBH may be removed without approval. A review of Google Earth imagery reveals trees are present on the site, but that there may not be trees present on the portion of the site proposed for development. A tree survey is required; tree replacement may also be required. Response 42: No trees are being removed as part of the project; no tree survey has been completed. Street Trees Comment 43: Requirements appear to be met. Response 43: Acknowledged Page 7 of 7 General Comment 44: A seed mix has been provided for the previously noted “Native Pollinator Friendly Solar Array Sed Mix”. A maintenance plan should also be submitted describing how this landscape will be maintained to ensure that desired species become established, persist, and the area is not overtaken by weeds. Tree and shrub totals shown in the “Plant Calculations” tables and “Plant Schedule” do not correspond. Petitioner should clarify and revise as necessary. Proposed plant sizes are not specified on the plans. Canopy trees must be at least 2.5” caliper, understory trees not less than 1.5” caliper or 6’ tall, evergreen trees at least 6’ tall, and shrubs at least 2’ tall at the time of planting. Response 44: The plant calculations and plant schedule have been revised to correspond and include the pant sizes. A maintenance plan will be provided with final construction drawings/permits. Wetlands Comment 45: Rob Roy Creek is a Waters of the US regulated by the Army Corps of Engineers and under Yorkville’s Wetland Regulations. Wetland A1 is an isolated wetland and therefore not regulated by the Army Corps of Engineers but is regulated under Yorkville’s Wetland Regulations. Wetland A1 is shown to be completely filled but does not require mitigation because the total impact is less than 0.25 acres. A minimum 30’ wetland buffer, consisting of primarily native vegetation, is required for Rob Roy Creek under Yorkville’s Wetland Regulations. A Category VI Wetland Permit Application is required under Yorkville’s Wetland Regulations for impacts to Wetland A1. We are not aware of such an application being submitted. Response 45: A 30’ buffer along Rob Roy creek has been shown on the revised plans. A wetland permit will be provided with final construction drawings/permits. We trust that these responses will satisfy the concerns outlined in your review letter. Should there be any additional questions or concerns, please contact us at (630) 577-0800. Sincerely, ATWELL Lauren Hillis Engineer © 2024 Microsoft Corporation © 2023 TomTom DUPAGE COOKDEKALB KANE GRUNDYLASALLE WILL KENDALL DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-000COVER SHEETILLINOIS KENDALL COUNTY NOT TO SCALE YORKVILLE RENEWABLES A 4.95MW (AC) GROUND-MOUNTED SOLAR POWER GENERATING FACILITY GALENA ROAD UNITED CITY OF YORKVILLE, KENDALL COUNTY, BRISTOL TOWNSHIP, ILLINOIS FINAL SITE PLANS GOVERNING AGENCIES CONTACTS APPLICANT YORKVILLE RENEWABLES, LLC 101 NORTH WACKER DRIVE, SUITE 200 CHICAGO, ILLINOIS 60606 CONTACT: MATT WALSH CONSULTANT NEXAMP, INC. 101 NORTH WACKER DRIVE, SUITE 200 CHICAGO, ILLINOIS 60606 CONTACT: MATT WALSH E: MWALSH@NEXAMP.COM CIVIL ENGINEER/LANDSCAPE ARCHITECT/SURVEYOR ATWELL, LLC 1250 E. DIEHL ROAD, SUITE 300 NAPERVILLE, IL 60563 PHONE: (303) 825-7100 E: MKEITH@ATWELL-GROUP.COM CONTACT: MICHAEL KEITH, P.E. PLANNING - ZONING - LANDSCAPE - SIGNAGE JASON ENGBERG YORKVILLE PLANNING & ZONING 651 PRAIRIE POINTE YORKVILLE, IL 60560 T: (630) 553-8555 E: JENGBERG@YORKVILLE.IL.US ENGINEERING BRADLEY SANDERSON YORKVILLE ENGINEER 651 PRAIRIE POINTE YORKVILLE, IL 60560 T: (630) 466-6720 E: BSANDERSON@EEIWEB.COM BUILDING PETE RATOS YORKVILLE BUILDING SAFETY & ZONING 651 PRAIRIE POINTE YORKVILLE, IL 60560 T: (630) 553-8549 E: PRATOS@YORKVILLE.IL.US SITE SITE VICINITY MAP NOT TO SCALE 9-1-1 ADDRESS TBD SHEET INDEX C-000 COVER SHEET C-001 LEGAL DESCRIPTION C-100 EXISTING CONDITIONS PLAN C-200 SOIL EROSION AND SEDIMENTATION CONTROL PLAN C-201 SOIL EROSION AND SEDIMENATION CONTROL NOTES AND DETAILS C-300 SITE LAYOUT PLAN C-400 GRADING AND STORMWATER PLAN C-401 GRADING PLAN - ACCESS ROAD C-500 LANDSCAPE PLAN C-501 DETAILED LANDSCAPE PLAN C-600 STANDARD DETAILS C-601 STANDARD DETAILS MICH A E L BRIAN K EI TH DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-001LEGAL DESCRIPTIONLEGAL DESCRIPTION Δ Δ Δ Δ Δ Δ DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-100EXISTING CONDITIONS PLAN C-200SOIL EROSION ANDSEDIMENTATION CONTROLPLANDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. C-201SOIL EROSION ANDSEDIMENATION CONTROLNOTES AND DETAILS· · · · · · ’ SITE DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. C-300SITE LAYOUT PLANDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-400GRADING AND STORMWATERPLAN· · · C-401GRADING PLAN - ACCESS ROADDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-500LANDSCAPE PLAN· · · · · · · · · DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-501DETAILED LANDSCAPE PLAN C-600STANDARD DETAILSDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. IN THE EVENT OF AN EMERGENCY PLEASE DIAL 9-1-1 FOLLOWED BY A SECOND CALL TO: 857-239-0057 YOUR LOCATION IS: TBD, Galena Road Yorkville, IL 60512 DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. “” “ ” C-601STANDARD DETAILS EX-01TRUCK TURN ANALYSISDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comCONSTRUCTION/DELIVERYTRAFFIC EX-01 DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comTRUCK TURN ANALYSISEMERGENCY/MAINTENANCETRAFFIC Yorkville Renewables – Stormwater/Drainage Memo August 16, 2024 T ABLE OF C ONTENTS 1 PROJECT NARRATIVE ...................................................................................................... 2 2 EXISTING CONDITIONS ................................................................................................... 2 3 PROPOSED CONDITIONS ................................................................................................ 3 4 CONCLUSION ................................................................................................................. 4 A PPENDICES A USDA NRCS Soil Resource Report B Drainage Area Maps C ISWS Bulletin 75 Precipitation Data D HydroCAD Report 2 1 PROJECT NARRATIVE Nexamp, Inc. is proposing a 4.95 MW (AC) ground-mounted solar generating facility to be constructed at Galena Road & State Route 47 located in Yorkville, Kendall County, Illinois. The solar development proposes approximately 1.6 acres of impervious area and converts the existing row crop to a native pollinator friendly prairie seed mix. The existing topography and flow patterns will remain the same throughout the project area. Per United City of Yorkville Stormwater Ordinance Section 203.2, the allowable release rate for proposed impervious area is 0.04 cfs/acre for a 24-hr 2-year storm and 0.15 cfs/acre for a 24-hr 100-year storm. A discussion with Pamea Whitefield at EEI dated August 1st, 2024 indicated that the hydrologic disturbed area is considered to be the proposed access road and equipment pad. The site runoff reduction was analyzed to demonstrate that the total projected post-development peak flow rate is below the allowable release rate and is expected to provide a net positive impact on the existing watershed. 2 EXISTING CONDITIONS The existing 73.5 +/- acre property consists of mostly straight row crops with no existing structure or impervious area. Rob Roy Creek cuts through the property in the southeast corner. The site has a high point in the western “flag” of the property, with drainage to the north, south, and east directions. A USDA NRCS Web Soil Survey was completed and is included in Appendix A. The average existing hydrologic soil group rating for the project area is D. The site topography was analyzed as one drainage area that flows towards the north property line. A pre-development drainage area map is included in Appendix B. Table 2.1 details the undisturbed pre-development drainage area characteristics and Table 2.2 details the undisturbed pre- development curve number. The proposed disturbed area was excluded from the existing drainage areas and curve number calculation. Table 2.1 – Pre-Development Drainage Area Characteristics (undisturbed) Drainage Area Impervious (ac) Pervious (ac) Total (ac) Existing Drainage Area 0.0 28.2 28.2 Total 0.0 28.2 28.2 Table 2.2 – Pre-Development Curve Number (undisturbed) Soil Rating Cover Description CN Total (ac) C Row Crops; Straight Row (SR) Good 85 10.9 D Row Crops; Straight Row (SR) Good 89 17.3 Combined CN 87 3 3 PROPOSED CONDITIONS The proposed development will consist of a solar generating facility enclosed within a 8-ft high perimeter fence, as well as a gravel access road connecting Galena Road to the project site. Appendix B includes the Post-Development Drainage Area Map and Table 3.1 details the post- development drainage area characteristics. The post-development drainage area includes both the undisturbed area and the proposed disturbed area (equipment pads and access road). The total proposed project area is 29.8 acres, with 1.6 acres being hydrologically disturbed. Table 3.1 – Post-Development Drainage Area Characteristics (disturbed and undisturbed) Drainage Area Impervious - Disturbed (ac) Pervious - Undisturbed (ac) Total (ac) Proposed Drainage Area #1 1.6 28.2 29.8 Total 1.6 28.2 29.8 Runoff from the proposed drainage area will flow undetained offsite to its drainage area low point. The existing and proposed drainage areas and flow patterns remain unchanged. The entire area within the project area is being converted from straight row crops to brush by planting native pollinator friendly prairie seed. This is expected to result in a reduction in the total peak flow rate. Table 3.2 - Post-Development Curve Number (disturbed and undisturbed) Soil Rating Cover Description CN Total (ac) B Brush – Brush Weed Grass Mixture; Good 58 17.1 C Brush – Brush Weed Grass Mixture; Good 98 11.1 - Access Road & Equipment Pad 98 1.6 Combined CN 57 For this report the total runoff reduction was analyzed to demonstrate that the change in cover type decreases the total peak flow rate and is below the allowable release rate for the project (per City of Yorkville requirements). By decreasing the total runoff there will be a net positive impact to the existing watershed. Rainfall depth frequency from the Illinois State Water Survey Bulletin 75 is provided in Appendix C. For the design of this report, the Huff Distribution Method in HydroCAD was used. Design was completed using the 2-year 24-hour and 100-year 24-hour storm events. Pre- and post-development stormwater calculations, as well as a graphical depiction of the model, are included with the HydroCAD reports in Appendix D. 4 4 CONCLUSION A comparison of the total allowable peak flow rate and post-development peak flow rate for the 2- year and 100-year 24 hour storm events are summarized in Table 4.1. The disturbed area flow rate was found by taking the disturbed area allowable release rate for each storm event and multiplying it by the total proposed impervious/disturbed area on site. This was then added to the undisturbed pre-development flow rate to find the total allowable flow rate for the project. This was compared to the total post-development flow rate to confirm that the proposed project decreases the total peak flow rate on site. Table 4.1 – Storm Frequency Flows (Total Allowable vs. Total Post-Development) Area (Acres) 2 – Year Storm Event (cfs) 100 - Year Storm Event (cfs) Undisturbed area pre-development peak flow rate 28.2 8.13 24.91 Disturbed area allowable peak flow rate (per City of Yorkville requirements – 2 year: 0.04 cfs/acre disturbed area 100 year: 0.15 cfs/acre disturbed area) 1.6 0.06 0.24 Total allowable peak flow rate (Undisturbed area pre-development area/flow + Disturbed area/flow) 29.8 8.19 25.15 Total post-development peak flow rate (Undisturbed area + Disturbed area) 29.8 1.74 15.42 As shown in Table 4.1, the total post-development peak flow rate for the project area has been reduced for the storm events due to an increase in infiltration from the proposed native pollinator friendly prairie seed mix which results in the use of a lower curve number. The proposed project will not change the existing drainage patterns and proposes a low impact design by stabilizing the undisturbed areas with a native pollinator friendly prairie seed mix. Therefore, the project will have a net positive impact on the watershed. The total post-development peak flow rates for both the 2- year and 100-year 24-hour storm events are below the total allowable peak flow rate, thus detention is not required. 5 APPENDIX A USDA NRCS SOILS REPORT Hydrologic Soil Group—Kendall County, Illinois Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/7/2023 Page 1 of 44617100461730046175004617700461790046181004618300461850046171004617300461750046177004617900461810046183004618500378000378200378400378600378800379000379200379400379600379800380000380200 377800 378000 378200 378400 378600 378800 379000 379200 379400 379600 379800 380000 380200 41° 42' 35'' N 88° 28' 7'' W41° 42' 35'' N88° 26' 19'' W41° 41' 42'' N 88° 28' 7'' W41° 41' 42'' N 88° 26' 19'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 16N WGS84 0 500 1000 2000 3000Feet 0 150 300 600 900Meters Map Scale: 1:11,400 if printed on A landscape (11" x 8.5") sheet. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Rating Polygons A A/D B B/D C C/D D Not rated or not available Soil Rating Lines A A/D B B/D C C/D D Not rated or not available Soil Rating Points A A/D B B/D C C/D D Not rated or not available Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:12,000. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Kendall County, Illinois Survey Area Data: Version 20, Aug 28, 2023 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Aug 3, 2019—Aug 24, 2019 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Hydrologic Soil Group—Kendall County, Illinois Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/7/2023 Page 2 of 4 Hydrologic Soil Group Map unit symbol Map unit name Rating Acres in AOI Percent of AOI 59A Lisbon silt loam, 0 to 2 percent slopes C/D 17.3 3.3% 60C2 La Rose silt loam, 5 to 10 percent slopes, eroded C 21.2 4.1% 60C3 La Rose clay loam, 5 to 10 percent slopes, severely eroded C 9.3 1.8% 67A Harpster silty clay loam, 0 to 2 percent slopes B/D 49.0 9.5% 149A Brenton silt loam, 0 to 2 percent slopes B/D 49.2 9.5% 152A Drummer silty clay loam, 0 to 2 percent slopes B/D 136.9 26.4% 206A Thorp silt loam, 0 to 2 percent slopes C/D 18.4 3.6% 219A Millbrook silt loam, 0 to 2 percent slopes C/D 40.1 7.7% 330A Peotone silty clay loam, 0 to 2 percent slopes C/D 40.9 7.9% 356A Elpaso silty clay loam, 0 to 2 percent slopes B/D 1.2 0.2% 512A Danabrook silt loam, 0 to 2 percent slopes C 7.5 1.4% 512B Danabrook silt loam, 2 to 5 percent slopes C 55.4 10.7% 541B Graymont silt loam, 2 to 5 percent slopes C 1.2 0.2% 663A Clare silt loam, 0 to 2 percent slopes C 6.9 1.3% 663B Clare silt loam, 2 to 5 percent slopes C 46.8 9.1% 791A Rush silt loam, 0 to 2 percent slopes B 9.4 1.8% 791B Rush silt loam, 2 to 4 percent slopes B 4.9 0.9% 865 Pits, gravel 1.9 0.4% Totals for Area of Interest 517.6 100.0% Hydrologic Soil Group—Kendall County, Illinois Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/7/2023 Page 3 of 4 Description Hydrologic soil groups are based on estimates of runoff potential. Soils are assigned to one of four groups according to the rate of water infiltration when the soils are not protected by vegetation, are thoroughly wet, and receive precipitation from long-duration storms. The soils in the United States are assigned to four groups (A, B, C, and D) and three dual classes (A/D, B/D, and C/D). The groups are defined as follows: Group A. Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group B. Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group C. Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group D. Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink-swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. If a soil is assigned to a dual hydrologic group (A/D, B/D, or C/D), the first letter is for drained areas and the second is for undrained areas. Only the soils that in their natural condition are in group D are assigned to dual classes. Rating Options Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified Tie-break Rule: Higher Hydrologic Soil Group—Kendall County, Illinois Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/7/2023 Page 4 of 4 6 APPENDIX B PRE- AND POST-DEVELOPMENT DRAINAGE AREA MAPS DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comEX-DAEXISTING DRAINAGEAREA MAP DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comPR-DAPROPOSED DRAINAGEAREA MAP 7 APPENDIX C ISWS BULLETIN 75 PRECIPITATION DATA 24 Table 7. Rainfall (inches) for Given Recurrence Interval for Section 2 (Northeast) Storm Duration 2- month 3- month 4- month 6- month 9- month 1- year 2- year 5- year 10- year 25- year 50- year 100- year 500- year 5 minutes 0.19 0.22 0.24 0.27 0.31 0.33 0.40 0.52 0.62 0.77 0.90 1.03 1.35 10 minutes 0.33 0.38 0.41 0.47 0.53 0.58 0.70 0.90 1.08 1.35 1.58 1.80 2.36 15 minutes 0.42 0.49 0.53 0.61 0.69 0.75 0.90 1.16 1.39 1.74 2.03 2.32 3.04 30 minutes 0.58 0.66 0.73 0.83 0.94 1.03 1.24 1.59 1.91 2.39 2.78 3.17 4.16 1 hour 0.74 0.84 0.93 1.05 1.20 1.30 1.57 2.02 2.42 3.03 3.53 4.03 5.28 2 hours 0.91 1.04 1.14 1.30 1.48 1.61 1.94 2.49 2.99 3.74 4.35 4.97 6.52 3 hours 1.00 1.15 1.26 1.44 1.63 1.77 2.14 2.75 3.30 4.13 4.80 5.49 7.20 6 hours 1.18 1.35 1.48 1.68 1.91 2.08 2.51 3.23 3.86 4.84 5.63 6.43 8.43 12 hours 1.37 1.56 1.71 1.95 2.21 2.41 2.91 3.74 4.48 5.61 6.53 7.46 9.78 18 hours 1.48 1.69 1.85 2.11 2.39 2.61 3.14 4.04 4.84 6.06 7.05 8.06 10.57 24 hours 1.57 1.80 1.97 2.24 2.55 2.77 3.34 4.30 5.15 6.45 7.50 8.57 11.24 48 hours 1.72 1.97 2.16 2.46 2.79 3.04 3.66 4.71 5.62 6.99 8.13 9.28 12.10 72 hours 1.87 2.14 2.34 2.67 3.03 3.30 3.97 5.08 6.05 7.49 8.64 9.85 12.81 120 hours 2.08 2.38 2.61 2.97 3.37 3.67 4.42 5.63 6.68 8.16 9.39 10.66 13.81 240 hours 2.63 3.01 3.30 3.76 4.27 4.65 5.60 7.09 8.25 9.90 11.26 12.65 16.00 8 APPENDIX D HYDROCAD REPORT FOR 2-YEAR & 100-YEARSTORM EVENT 1Drainage Area 1 OF OUTFALL Routing Diagram for 22001787-Yorkville Solar-Existing Prepared by Atwell, LLC, Printed 8/16/2024 HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Subcat Reach Pond Link 22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 2HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Rainfall Events Listing Event# Event Name Storm Type Curve Mode Duration (hours) B/B Depth (inches) AMC 1 2-Year Huff 0-10sm 3Q Scale 24.00 1 3.34 2 2 100-Year Huff 0-10sm 3Q Scale 24.00 1 8.57 2 22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 3HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Area Listing (all nodes) Area (acres) CN Description (subcatchment-numbers) 10.910 85 Row crops, straight row, Good, HSG C (1) 17.240 89 Row crops, straight row, Good, HSG D (1) 28.150 87 TOTAL AREA 22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 4HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Soil Listing (all nodes) Area (acres) Soil Group Subcatchment Numbers 0.000 HSG A 0.000 HSG B 10.910 HSG C 1 17.240 HSG D 1 0.000 Other 28.150 TOTAL AREA 22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 5HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Ground Covers (all nodes) HSG-A (acres) HSG-B (acres) HSG-C (acres) HSG-D (acres) Other (acres) Total (acres) Ground Cover Subcatchment Numbers 0.000 0.000 10.910 17.240 0.000 28.150 Row crops, straight row, Good 1 0.000 0.000 10.910 17.240 0.000 28.150 TOTAL AREA Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34"22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 6HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Time span=0.00-120.00 hrs, dt=0.01 hrs, 12001 points Runoff by SCS TR-20 method, UH=SCS, Weighted-CN Reach routing by Stor-Ind method - Pond routing by Stor-Ind method Runoff Area=28.150 ac 0.00% Impervious Runoff Depth=2.04"Subcatchment 1: Drainage Area 1 Flow Length=1,143' Tc=34.3 min CN=87 Runoff=8.13 cfs 4.784 af Inflow=8.13 cfs 4.784 afReach OF: OUTFALL Outflow=8.13 cfs 4.784 af Total Runoff Area = 28.150 ac Runoff Volume = 4.784 af Average Runoff Depth = 2.04" 100.00% Pervious = 28.150 ac 0.00% Impervious = 0.000 ac Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34"22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 7HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Summary for Subcatchment 1: Drainage Area 1 Runoff = 8.13 cfs @ 16.04 hrs, Volume= 4.784 af, Depth= 2.04" Routed to Reach OF : OUTFALL Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34" Area (ac)CN Description 10.910 85 Row crops, straight row, Good, HSG C 17.240 89 Row crops, straight row, Good, HSG D 28.150 87 Weighted Average 28.150 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 3.7 100 0.0340 0.45 Sheet Flow, Sheet Flow (Row Crop) Cultivated: Residue<=20% n= 0.060 P2= 3.34" 8.1 500 0.0130 1.03 Shallow Concentrated Flow, Shallow Conc. (Row Crop) Cultivated Straight Rows Kv= 9.0 fps 22.5 543 0.0020 0.40 Shallow Concentrated Flow, Shallow Conc (Row Crop) Cultivated Straight Rows Kv= 9.0 fps 34.3 1,143 Total Subcatchment 1: Drainage Area 1 Runoff Hydrograph Time (hours) 12011511010510095908580757065605550454035302520151050Flow (cfs)9876543210Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34" Runoff Area=28.150 ac Runoff Volume=4.784 af Runoff Depth=2.04" Flow Length=1,143' Tc=34.3 min CN=87 8.13 cfs Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34"22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 8HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Summary for Reach OF: OUTFALL [40] Hint: Not Described (Outflow=Inflow) Inflow Area =28.150 ac, 0.00% Impervious, Inflow Depth = 2.04" for 2-Year event Inflow = 8.13 cfs @ 16.04 hrs, Volume= 4.784 af Outflow = 8.13 cfs @ 16.04 hrs, Volume= 4.784 af, Atten= 0%, Lag= 0.0 min Routing by Stor-Ind method, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Reach OF: OUTFALL Inflow Outflow Hydrograph Time (hours) 12011511010510095908580757065605550454035302520151050Flow (cfs)9876543210Inflow Area=28.150 ac 8.13 cfs 8.13 cfs Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57"22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 9HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Time span=0.00-120.00 hrs, dt=0.01 hrs, 12001 points Runoff by SCS TR-20 method, UH=SCS, Weighted-CN Reach routing by Stor-Ind method - Pond routing by Stor-Ind method Runoff Area=28.150 ac 0.00% Impervious Runoff Depth=7.01"Subcatchment 1: Drainage Area 1 Flow Length=1,143' Tc=34.3 min CN=87 Runoff=24.91 cfs 16.434 af Inflow=24.91 cfs 16.434 afReach OF: OUTFALL Outflow=24.91 cfs 16.434 af Total Runoff Area = 28.150 ac Runoff Volume = 16.434 af Average Runoff Depth = 7.01" 100.00% Pervious = 28.150 ac 0.00% Impervious = 0.000 ac Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57"22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 10HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Summary for Subcatchment 1: Drainage Area 1 Runoff = 24.91 cfs @ 15.97 hrs, Volume= 16.434 af, Depth= 7.01" Routed to Reach OF : OUTFALL Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57" Area (ac)CN Description 10.910 85 Row crops, straight row, Good, HSG C 17.240 89 Row crops, straight row, Good, HSG D 28.150 87 Weighted Average 28.150 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 3.7 100 0.0340 0.45 Sheet Flow, Sheet Flow (Row Crop) Cultivated: Residue<=20% n= 0.060 P2= 3.34" 8.1 500 0.0130 1.03 Shallow Concentrated Flow, Shallow Conc. (Row Crop) Cultivated Straight Rows Kv= 9.0 fps 22.5 543 0.0020 0.40 Shallow Concentrated Flow, Shallow Conc (Row Crop) Cultivated Straight Rows Kv= 9.0 fps 34.3 1,143 Total Subcatchment 1: Drainage Area 1 Runoff Hydrograph Time (hours) 12011511010510095908580757065605550454035302520151050Flow (cfs)26 24 22 20 18 16 14 12 1086420 Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57" Runoff Area=28.150 ac Runoff Volume=16.434 af Runoff Depth=7.01" Flow Length=1,143' Tc=34.3 min CN=87 24.91 cfs Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57"22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 11HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Summary for Reach OF: OUTFALL [40] Hint: Not Described (Outflow=Inflow) Inflow Area =28.150 ac, 0.00% Impervious, Inflow Depth = 7.01" for 100-Year event Inflow = 24.91 cfs @ 15.97 hrs, Volume= 16.434 af Outflow = 24.91 cfs @ 15.97 hrs, Volume= 16.434 af, Atten= 0%, Lag= 0.0 min Routing by Stor-Ind method, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Reach OF: OUTFALL Inflow Outflow Hydrograph Time (hours) 12011511010510095908580757065605550454035302520151050Flow (cfs)26 24 22 20 18 16 14 12 1086420 Inflow Area=28.150 ac 24.91 cfs 24.91 cfs 1Drainage Area 1 OF OUTFALL Routing Diagram for 22001787-Yorkville Solar-Proposed Prepared by Atwell, LLC, Printed 8/16/2024 HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Subcat Reach Pond Link 22001787-Yorkville Solar-Proposed Printed 8/16/2024Prepared by Atwell, LLC Page 2HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Rainfall Events Listing Event# Event Name Storm Type Curve Mode Duration (hours) B/B Depth (inches) AMC 1 2-Year Huff 0-10sm 3Q Scale 24.00 1 3.34 2 2 100-Year Huff 0-10sm 3Q Scale 24.00 1 8.57 2 22001787-Yorkville Solar-Proposed Printed 8/16/2024Prepared by Atwell, LLC Page 3HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Area Listing (all nodes) Area (acres) CN Description (subcatchment-numbers) 1.640 98 Access Road + Equipment Pad (1) 17.060 48 Brush, Good, HSG B (1) 11.090 65 Brush, Good, HSG C (1) 29.790 57 TOTAL AREA 22001787-Yorkville Solar-Proposed Printed 8/16/2024Prepared by Atwell, LLC Page 4HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Soil Listing (all nodes) Area (acres) Soil Group Subcatchment Numbers 0.000 HSG A 17.060 HSG B 1 11.090 HSG C 1 0.000 HSG D 1.640 Other 1 29.790 TOTAL AREA 22001787-Yorkville Solar-Proposed Printed 8/16/2024Prepared by Atwell, LLC Page 5HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Ground Covers (all nodes) HSG-A (acres) HSG-B (acres) HSG-C (acres) HSG-D (acres) Other (acres) Total (acres) Ground Cover Subcatchment Numbers 0.000 0.000 0.000 0.000 1.640 1.640 Access Road + Equipment Pad 1 0.000 17.060 11.090 0.000 0.000 28.150 Brush, Good1 0.000 17.060 11.090 0.000 1.640 29.790 TOTAL AREA Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34"22001787-Yorkville Solar-Proposed Printed 8/16/2024Prepared by Atwell, LLC Page 6HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Time span=0.00-120.00 hrs, dt=0.01 hrs, 12001 points Runoff by SCS TR-20 method, UH=SCS, Weighted-CN Reach routing by Stor-Ind method - Pond routing by Stor-Ind method Runoff Area=29.790 ac 5.51% Impervious Runoff Depth=0.36"Subcatchment 1: Drainage Area 1 Flow Length=1,143' Tc=53.7 min CN=57 Runoff=1.74 cfs 0.888 af Inflow=1.74 cfs 0.888 afReach OF: OUTFALL Outflow=1.74 cfs 0.888 af Total Runoff Area = 29.790 ac Runoff Volume = 0.888 af Average Runoff Depth = 0.36" 94.49% Pervious = 28.150 ac 5.51% Impervious = 1.640 ac Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34"22001787-Yorkville Solar-Proposed Printed 8/16/2024Prepared by Atwell, LLC Page 7HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Summary for Subcatchment 1: Drainage Area 1 Assume drained condtion of B/D and C/D soils Runoff = 1.74 cfs @ 17.13 hrs, Volume= 0.888 af, Depth= 0.36" Routed to Reach OF : OUTFALL Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34" Area (ac) CN Description 11.090 65 Brush, Good, HSG C 17.060 48 Brush, Good, HSG B * 1.640 98 Access Road + Equipment Pad 29.790 57 Weighted Average 28.150 94.49% Pervious Area 1.640 5.51% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 11.3 100 0.0340 0.15 Sheet Flow, Sheet Flow (Row Crop) Grass: Dense n= 0.240 P2= 3.34" 10.4 500 0.0130 0.80 Shallow Concentrated Flow, Shallow Conc. (Brush) Short Grass Pasture Kv= 7.0 fps 24.1 320 0.0010 0.22 Shallow Concentrated Flow, Shallow Conc (Brush) Short Grass Pasture Kv= 7.0 fps 0.2 20 0.0100 2.03 Shallow Concentrated Flow, Shallow Conc. (Gravel) Paved Kv= 20.3 fps 7.7 203 0.0039 0.44 Shallow Concentrated Flow, Shallow Conc. (Brush) Short Grass Pasture Kv= 7.0 fps 53.7 1,143 Total Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34"22001787-Yorkville Solar-Proposed Printed 8/16/2024Prepared by Atwell, LLC Page 8HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Subcatchment 1: Drainage Area 1 Runoff Hydrograph Time (hours) 12011511010510095908580757065605550454035302520151050Flow (cfs)10Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34" Runoff Area=29.790 ac Runoff Volume=0.888 af Runoff Depth=0.36" Flow Length=1,143' Tc=53.7 min CN=57 1.74 cfs Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34"22001787-Yorkville Solar-Proposed Printed 8/16/2024Prepared by Atwell, LLC Page 9HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Summary for Reach OF: OUTFALL [40] Hint: Not Described (Outflow=Inflow) Inflow Area =29.790 ac, 5.51% Impervious, Inflow Depth = 0.36" for 2-Year event Inflow = 1.74 cfs @ 17.13 hrs, Volume= 0.888 af Outflow = 1.74 cfs @ 17.13 hrs, Volume= 0.888 af, Atten= 0%, Lag= 0.0 min Routing by Stor-Ind method, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Reach OF: OUTFALL Inflow Outflow Hydrograph Time (hours) 12011511010510095908580757065605550454035302520151050Flow (cfs)10Inflow Area=29.790 ac 1.74 cfs 1.74 cfs Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57"22001787-Yorkville Solar-Propos Printed 8/16/2024Prepared by Atwell, LLC Page 10HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Time span=0.00-120.00 hrs, dt=0.01 hrs, 12001 points Runoff by SCS TR-20 method, UH=SCS, Weighted-CN Reach routing by Stor-Ind method - Pond routing by Stor-Ind method Runoff Area=29.790 ac 5.51% Impervious Runoff Depth=3.41"Subcatchment 1: Drainage Area 1 Flow Length=1,143' Tc=53.7 min CN=57 Runoff=15.42 cfs 8.475 af Inflow=15.42 cfs 8.475 afReach OF: OUTFALL Outflow=15.42 cfs 8.475 af Total Runoff Area = 29.790 ac Runoff Volume = 8.475 af Average Runoff Depth = 3.41" 94.49% Pervious = 28.150 ac 5.51% Impervious = 1.640 ac Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57"22001787-Yorkville Solar-Propos Printed 8/16/2024Prepared by Atwell, LLC Page 11HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Summary for Subcatchment 1: Drainage Area 1 Assume drained condtion of B/D and C/D soils Runoff = 15.42 cfs @ 16.41 hrs, Volume= 8.475 af, Depth= 3.41" Routed to Reach OF : OUTFALL Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57" Area (ac) CN Description 11.090 65 Brush, Good, HSG C 17.060 48 Brush, Good, HSG B * 1.640 98 Access Road + Equipment Pad 29.790 57 Weighted Average 28.150 94.49% Pervious Area 1.640 5.51% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 11.3 100 0.0340 0.15 Sheet Flow, Sheet Flow (Row Crop) Grass: Dense n= 0.240 P2= 3.34" 10.4 500 0.0130 0.80 Shallow Concentrated Flow, Shallow Conc. (Brush) Short Grass Pasture Kv= 7.0 fps 24.1 320 0.0010 0.22 Shallow Concentrated Flow, Shallow Conc (Brush) Short Grass Pasture Kv= 7.0 fps 0.2 20 0.0100 2.03 Shallow Concentrated Flow, Shallow Conc. (Gravel) Paved Kv= 20.3 fps 7.7 203 0.0039 0.44 Shallow Concentrated Flow, Shallow Conc. (Brush) Short Grass Pasture Kv= 7.0 fps 53.7 1,143 Total Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57"22001787-Yorkville Solar-Propos Printed 8/16/2024Prepared by Atwell, LLC Page 12HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Subcatchment 1: Drainage Area 1 Runoff Hydrograph Time (hours) 12011511010510095908580757065605550454035302520151050Flow (cfs)17 16 15 14 13 12 11 109876543210 Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57" Runoff Area=29.790 ac Runoff Volume=8.475 af Runoff Depth=3.41" Flow Length=1,143' Tc=53.7 min CN=57 15.42 cfs Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57"22001787-Yorkville Solar-Propos Printed 8/16/2024Prepared by Atwell, LLC Page 13HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Summary for Reach OF: OUTFALL [40] Hint: Not Described (Outflow=Inflow) Inflow Area =29.790 ac, 5.51% Impervious, Inflow Depth = 3.41" for 100-Year event Inflow = 15.42 cfs @ 16.41 hrs, Volume= 8.475 af Outflow = 15.42 cfs @ 16.41 hrs, Volume= 8.475 af, Atten= 0%, Lag= 0.0 min Routing by Stor-Ind method, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Reach OF: OUTFALL Inflow Outflow Hydrograph Time (hours) 12011511010510095908580757065605550454035302520151050Flow (cfs)17 16 15 14 13 12 11 109876543210 Inflow Area=29.790 ac 15.42 cfs 15.42 cfs YORKVILLE RENEWABLES Culvert Computations North Culvert: Drainage Area: 12.3± acres Composite C: 0.44 Impervious Area: 2.1± acres (assume C=0.85) Pervious Area: 10.2± acres (assume C=0.35) Time of concentration: 27.6 min (see attached pdf) Rainfall intensity: 6.5 in/hr (100-year) Q=CIA Q=(0.44)x(6.5)x(12.3)=35.18 cfs Proposed 18” CMP culvert – Not sized adequately. However, an 18”X40’ CMP culvert was specifically requested by the Kendall County HWY department as it is greatly improving the existing condition of an 8” PVC pipe (see attached email) East Culvert: Drainage Area: 1.2± acres Composite C: 0.44 Impervious Area: 0.2± acres (assume C=0.90) Pervious Area: 1.0± acres (assume C=0.35) Time of concentration: 9.0 min (see attached pdf) Rainfall intensity: 10.5 in/hr (100-year) Q=CIA Q=(0.44)x(10.5)x(1.2)= 5.5 cfs Proposed 18” RCP culvert – Sized adequately. DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comEX-01CULVERT DRAINAGE AREAS Project By LEH Location Checked Check one: Check one: Notes: Space for as many as two segments per flow type can be used for each worksheet. Include a map, schematic, or description of flow segments. Segment ID A 1 Surface description (table 3-1)Cultivated soils: Residue cover ≤20% 2 Manning’s roughness coefficient, n (table 3-1)0.06 3 Flow length, L (total L † 300 ft) (ft)100 4 Two-year 24-hour rainfall, P2 (in)3.34 5 Land slope, s (ft/ft)0.01 6 Tt = 0.007 (nL)0.8 /(P20.5s0.4) Compute Tt (hr)0.10 +0.00 =0.10 Shallow concentrated flow Segment ID B 7 Surface description (paved or unpaved) Unpaved 8 Flow length, L (ft)489 9 Watercourse slope, s (ft/ft)0.012 10 Average velocity, V (figure 3-1) (ft/s)1.77 11 Tt = L/(3600 V) Computer Tt (hr)0.08 +0.00 =0.08 Channel flow Segment ID 12 Cross sectional flow area, a (ft2)0.9 13 Wetted perimeter, pwa (ft)6 14 Hydraulic radius, r = a/pw Compute r (ft)0.150 15 Channel slope, s (ft/ft)0.0085 16 Manning’s roughness coefficient, n 0.03 17 V = (1.49/n) r2/3 s1/2 (ft/s)1.29 18 Flow length, L (ft)1303 19 Tt = L/(3600 V) Compute Tt (hr)0.28 0.00 =0.28 20 Watershed or subarea Tc or Tt (add Tt in steps 6, 11, and 19)Hr 0.46 Worksheet 3: Time of Concentration (Tc) or travel time (Tt) for North Culvert Date Yorkville Renewables, LLC 8/16/2024 Date Galena Road, Yorkville, Kendall County, Illinois Present Tc Developed Tt through subarea Project By LEH Location Checked Check one: Check one: Notes: Space for as many as two segments per flow type can be used for each worksheet. Include a map, schematic, or description of flow segments. Segment IDA 1 Surface description (table 3-1) Smooth surfaces (concrete, asphalt, gravel, or bare soil) 2 Manning’s roughness coefficient, n (table 3-1)0.0113 Flow length, L (total L † 300 ft) (ft)17 4 Two-year 24-hour rainfall, P2 (in)3.34 5 Land slope, s (ft/ft)0.016Tt = 0.007 (nL)0.8 /(P2 0.5s 0.4 ) Compute T t (hr)0.01 + 0.00=0.01 Shallow concentrated flow Segment IDB 7 Surface description (paved or unpaved) Unpaved 8 Flow length, L (ft)83 9 Watercourse slope, s (ft/ft)0.01 10 Average velocity, V (figure 3-1) (ft/s)1.61 11Tt = L/(3600 V) Computer T t (hr)0.01+0.00=0.01 Channel flow Segment ID 12 Cross sectional flow area, a (ft2)2.25 13 Wetted perimeter, pw a (ft)10 14 Hydraulic radius, r = a/p w Compute r (ft)0.225 15 Channel slope, s (ft/ft)0.0055 16 Manning’s roughness coefficient, n 0.03 17 V = (1.49/n) r 2/3 s1/2 (ft/s)1.36 18 Flow length, L (ft)658 19Tt = L/(3600 V) Compute T t (hr)0.13 0.00=0.13 20 Watershed or subarea Tc or Tt (add Tt in steps 6, 11, and 19)Hr 0.15 Worksheet 3: Time of Concentration (Tc) or travel time (Tt) for East Culvert Date Yorkville Renewables, LLC 8/16/2024 Date Galena Road, Yorkville, Kendall County, IllinoisPresent Culvert ReportHydraflow Express Extension for Autodesk® Civil 3D® by Autodesk, Inc.Friday, Aug 16 2024Yorkville Renewables - North CulvertInvert Elev Dn (ft) = 651.67Pipe Length (ft) = 40.00Slope (%)= 0.60Invert Elev Up (ft) = 651.91Rise (in)= 18.0Shape= CircularSpan (in)= 18.0No. Barrels= 1n-Value= 0.023Culvert Type= Circular Corrugate Metal Pipe Culvert Entrance = Headwall Coeff. K,M,c,Y,k = 0.0078, 2, 0.0379, 0.69, 0.5EmbankmentTop Elevation (ft) = 655.50Top Width (ft)= 23.50Crest Width (ft) = 10.00Calculations Qmin (cfs)= 35.18Qmax (cfs)= 35.18Tailwater Elev (ft) = CriticalHighlighted Qtotal (cfs)= 35.18Qpipe (cfs)= 13.26Qovertop (cfs) = 21.92 Veloc Dn (ft/s) = 7.88 Veloc Up (ft/s) = 7.50HGL Dn (ft)= 653.03HGL Up (ft)= 654.99Hw Elev (ft)= 656.30Hw/D (ft)= 2.93Flow Regime= Outlet Control Culvert ReportHydraflow Express Extension for Autodesk® Civil 3D® by Autodesk, Inc.Friday, Aug 16 2024Yorkville Renewables - East CulvertInvert Elev Dn (ft) = 646.49Pipe Length (ft) = 40.00Slope (%)= 0.38Invert Elev Up (ft) = 646.64Rise (in)= 18.0Shape= CircularSpan (in)= 18.0No. Barrels= 1n-Value= 0.012Culvert Type= Circular Concrete Culvert Entrance = Square edge w/headwall (C) Coeff. K,M,c,Y,k = 0.0098, 2, 0.0398, 0.67, 0.5EmbankmentTop Elevation (ft) = 650.25Top Width (ft)= 23.00Crest Width (ft) = 10.00Calculations Qmin (cfs)= 5.50Qmax (cfs)= 5.50Tailwater Elev (ft) = CriticalHighlighted Qtotal (cfs)= 5.50Qpipe (cfs)= 5.50Qovertop (cfs) = 0.00 Veloc Dn (ft/s) = 4.95 Veloc Up (ft/s) = 4.94HGL Dn (ft)= 647.39HGL Up (ft)= 647.54Hw Elev (ft)= 648.02Hw/D (ft)= 0.92Flow Regime= Inlet Control 4 From: Fran Klaas <FKlaas@kendallcountyil.gov> Sent: Friday, October 21, 2022 3:34 PM To: Matthew Brown <mbrown@atwell-group.com> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: RE: [External]RE: Yorkville Solar Access Permit Application Matthew, I visited the site today to confirm a couple things. As shown in your plans, there is currently an 8” PVC culvert located at the existing entrance. I’m not exactly sure how long this has been there; but it does not, in any way, meet County specifications. However, since there is this existing access to Galena Road for the proposed solar field, I am of the opinion that we could likely consider this a “grandfathered” entrance. This would not work if there was a “significant change in trip generation”, as defined by the Kendall County Highway Access Regulation Ordinance. But since the number of vehicles going to and from the solar field, once constructed, should be extremely small, I believe it would not trigger the significant change in trip generation clause, and subsequent additional requirements found in the KCHARO. Bottom line is that the existing 8” PVC culvert must be removed in its entirety. It must be replaced with 18” dia. x 40’ long CMP or RCP. We recommend using upstream and downstream elevations of the Galena Road ditch at least 100’ away from the proposed culvert so that the new culvert and ditch grades will mesh with the existing Galena Road ditch. Because this is simply a removal and replacement of an existing entrance, I really don’t need a new Application for Access Permit. This work will simply need to be done as part of NexAmp’s site work. An aggregate construction entrance or all weather surface (HMA) should be placed within the entire Galena Road right-of- way to help keep dirt/debris off Galena Road. If there are any other projects besides the solar field that will use this entrance, and those uses constitute a significant change in trip generation, as defined by the KCHARO, then everything discussed above is moot, and compliance with the access ordinance will be required. Specifically, it would then limit the access to right in / right out, and additional turn lanes could be required. But as I see it right now, reconstruction of the existing entrance will likely be all that is required at this point. Please let me know if you have any additional questions. Francis C. Klaas, P.E. Kendall County Engineer 6780 Route 47, Yorkville, IL 60560 (630) 553-7616 fklaas@kendallcountyil.gov From: Matthew Brown <mbrown@atwell-group.com> Sent: Friday, October 21, 2022 8:12 AM To: Fran Klaas <FKlaas@kendallcountyil.gov>; Web_Email_Highway <Web_Email_Highway@kendallcountyil.gov> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: [External]RE: Yorkville Solar Access Permit Application CAUTION - This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, Atwell, L.L.C.Project Yorkville Renewables, LLC 1250 East Diehl Road, Suite 300 Location (630) 577-0800 Site:4.95 MWAC Parcel ID:02-08-200-030 & 02-05-400-005 Date 8/15/2024 Engineer's Opinion of Probable Decommissioning Cost for Yorkville Solar Estimated Quantity Unit Unit Cost Removal Cost Notes Erosion Control/Contractor Fees Mobilization 1 LUMP SUM $10,000.00 $10,000.00 Electrical Disconnect 1 EACH $500.00 $500.00 Permitting (NPDES)1 LUMP SUM $750.00 $750.00 SWPPP - LUMP SUM $0.00 $0.00 Silt Fence 5,950 LF $2.50 $14,875.00 Silt fence for access road removal Seeding 3.5 ACRES $1,000.00 $3,500.00 Seeding access road removal only. Pollinator grass to remain. Sub-Total $29,625.00 Site Demolition Remove Existing 18" CMP Culvert 40 LF $15.00 $600.00 Remove Existing 18" RCP Culvert 40 LF $18.00 $720.00 Remove Existing Fence (8' Chainlink Fence)4,587 LF $3.85 $17,659.95 Assuming 5.6 lb per LF Remove Existing Gravel Road (18" depth)3,913 CY $5.00 $19,563.76 Haul off for Existing Gravel Road (18" depth)3,913 CY $10.00 $39,127.52 Sub-Total $77,671.23 Racking and Module Removal Pile Removal 1,939 EACH $6.00 $11,634.00 Assembly Removal 1,939 EACH $1.25 $2,423.75 PV Module Removal 11,712 EACH $1.00 $11,712.00 PV Module Haul Off 375 TON $45.00 $16,865.28 Assume 0.032 tons per module for the removal weight Sub-Total $42,635.03 Wiring Removal Underground MV Wire (AL)7,072 LF $2.00 $14,144.00 Utility Pole Removal 7 EACH $750.00 $5,250.00 Underground PV Wire (~400kcmil)13,145 LF $2.00 $26,290.00 Underground GND Wire (DC side, ~2 AWG)13,045 LF $2.00 $26,090.00 Underground LV Wire 71,425 LF $2.00 $142,850.00 Above Ground MV Wire 245 LF $0.10 $24.50 Combiner Box Removal 36 EACH $80.00 $2,880.00 Sub-Total $217,528.50 Power Conditioning Equipment Removal PCU Station (inverters, etc.)1 EACH $400.00 $400.00 Scada Equipment 1 EACH $280.00 $280.00 Transformer 1 EACH $1,800.00 $1,800.00 Sub-Total $2,480.00 Equipment Pad Removal Remove Pad 1 EACH $750.00 $750.00 Sub-Total $750.00 DECOMMISSIONING PRESENT VALUE $370,689.76 DECOMMISSIONING TOTAL (@3% inflation over 40 years)$1,209,203.99 DECOMMISSIONING SURETY (TOTAL X 120%)$1,451,045.00 Assumptions: 1. 2. 3. Galena Road, City of Yorkville, Kendall County, Bristol Township, Illinois Cost Estimate based on 3-year projections. Estimate to be redone in 3-years based on new fees at that time. Note: This Engineer's Opinion of Probable Cost is made on the basis of Engineer's experience and qualifications using estimated quantities and represents Engineer's best judgment as an experienced and qualified professional Engineer generally familiar with the construction industry. However, since Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, or over quantities of work actually performed, Engineer cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from Opinions of Probable Construction Cost prepared by Engineer. This Opinion of Probable Construction Cost is limited to those items stated herein. Refer to Decommissioning Plan for further information. Cost Estimate is based on the Fina Site Plans prepared by Atwell, LLC dated 8/15/2024. 101 N Wacker Drive, Suite 200 March 9, 2022 -REVISED JUNE 14, 2024 Krysti Barksdale-Noble, Community Development Director Village of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re:Planned Development Amendment –Project Narrative Proposed 5MW Ground-Mounted Solar Garden Applicant:Yorkville Renewables, LLC Location:10292 Galena Road, Yorkville, IL Dear Ms.Barksdale-Noble, Members of the Community Development Committee,Planning Commission & City Council: On behalf of Yorkville Renewables, LLC, please find enclosed and below is our: Project narrative and with project details Special Use Permit Application Packet: o Special Use Permit Application o Special Use Permit Plan Set o Electrical Diagram o Manufacturer’s Specifications o Glare Analysis o Interconnection Agreement o Decommissioning Plan o Plat of Survey o Legal Description o Areal Map Application fee Project Narrative: Yorkville Renewables, LLC is requesting an approval for a Planned Development Amendment to allow for development of a 5MW (AC) ground-mounted distributed generation solar garden facility on an existing farmland parcel of approximately 73.5-acres near the SWC of Galena Road and IL Route 47.The project intends develop approximately 23 acres of the overall parcel. Nexamp Background: In 2007, U.S. Army veterans Will Thompson and Dan Leary realized a vision for making a range of renewable energy options more affordable and accessible to homeowners and businesses throughout the Commonwealth of Massachusetts. The pair launched NexGen Energy Solutions, a turnkey provider of renewable energy and carbon solutions, in their hometown of North Andover, Massachusetts. NexGen became Nexamp later in 2007. 101 N Wacker Drive, Suite 200 During the early years, Nexamp delivered a variety of energy systems for residential, commercial, municipal and agricultural customers. Energy solutions offered included solar PV, solar thermal, micro- wind, geothermal heating and cooling, and a wide array of energy efficiency services. In 2011, the company began shifting its focus fully toward commercial and industrial solar facilities, working with businesses and municipalities that wanted to offset their traditional utility energy power using on-site renewable solar generation. 2015 marked Nexamp’s first Community Solar project and the beginning of a new chapter for the company. Leveraging its integrated approach of developing, building, owning and operating solar plants, Nexamp turned its focus to community solar, and alongside that the mission of making the benefits of solar power available to everyone—homeowners, renters, non-profits, small businesses, farms and more. Nexamp was named NECEC Clean Energy Company of the Year in 2015 and a Solar Power World Top 3 Commercial Solar Developer in 2017. In 2016, Mitsubishi’s Diamond Generating Corporation made a significant investment in Nexamp, and in 2018 the group made an additional investment that gave it a controlling interest. Serving a rapidly expanding network of individuals, property owners, businesses and communities that benefit from its nationally distributed portfolio of solar assets, Nexamp is a Massachusetts-based, nationally headquartered solar company that is laying the groundwork for a cleaner, more secure and resilient energy future. Project Details: In your review of this Planned Development Amendment request, we ask that staff, the Community Development Committee,Planning Commission and the City Council consider the following: I. Project components: Solar modules (i.e. panels) are mounted on racking that slowly rotate and track the sun; there are approximately 11,712 modules proposed to be installed; At full tilt, the height of the solar array will be up to 20 feet in height; The solar modules are treated with anti-reflective coating to minimize glare; The racking is mounted to metal piles. Concrete foundations are not anticipated; The system will be remotely monitored, meaning there will be little traffic generated; Electrical cables will be installed underground for the entire project with exception of a series of poles necessary to interconnect with the ComEd grid along IL Route 47; Perimeter security fencing at 8 ft. height; Location of proposed structures is in compliance with City setback requirements; Existing drainage patterns will be maintained throughout the site to the maximum extent possible; Limited area of gravel driveway for site access and maintenance; The inverter and transformer with be located on a concrete equipment pad; Disturbed areas will be re-vegetated with a low-mow native seed mix; We have included with our submission a decommissioning plan; 101 N Wacker Drive, Suite 200 II. Construction: Estimated approximately 30 to 40 jobs will be created during construction; Most jobs will be local but some may be brought in if the skill set required is not available; Typical jobs created include construction jobs -i.e. equipment operators, electricians, fence installers, laborers and construction managers; III. Development Schedule: Anticipated construction start is Fall 2023, depending on a number of factors; Duration of construction is typically +/-5 months; IV. Traffic: Construction traffic will typically be standard semi-tractor trailers –oversized loads are not anticipated. At the start of construction there may be a half dozen deliveries a day and will then taper off to 1 to 2 delivery trucks per day; There will be proximately 30 –40 employees at a time during construction; Maintenance: There are typically several site visits per year to maintain the system; No employees will be permanently located on-site; The site will be remotely monitored via a data. Typically,Nexamp relies on rainfall to clean the panel surfaces. As such, it is not anticipated chemicals for cleaning the solar panels will be used, stored or disposed of on this site; V. Compliance with Standards for Special Use Permits (10-19-4(C)): We believe the proposed project wholly meets the Special Use Permit review finding of fact criteria outlined in the City Unified Development Ordinance Section 10-19-4(C). 1.The City Council shall determine that the application has met all of the general requirements of this chapter. The proposed project meets all the general requirements of the City Zoning Ordinance applicable to the subject property and proposed use. 2.The proposed energy system shall further the intent of this chapter and provide renewable energy to the property on which it is proposed. The proposed project meets the intent of the City Zoning Ordinance and will provide renewable energy to the northern Illinois community. 101 N Wacker Drive, Suite 200 3.The proposed alternative energy system is located in such a manner as to minimize intrusions on adjacent residential uses through siting on the lot, selection of appropriate equipment, and other applicable means. The proposed project will not be injurious to the use and enjoyment nearby residential property in the immediate vicinity for the purposes already permitted by the zoning standards. Care has been taken to locate the proposed solar system over 1,000 feet from the nearest residential structure (from nearest existing residential structure to the nearest proposed module). Additionally, there is significant proposed landscape screening proposed that will buffer the south and east sides of the project providing visual relief. 4.The establishment for the proposed alternative energy system will not prevent the normal and orderly use, development or improvement of the adjacent property for uses permitted in the district. The project designed to heavily screen by proposed solar system and setback in excess of ordinance requirements, particularly from the residential properties. The project will protect open space and the underlying farmland as after the project is decommissioned the land can be returned to traditional farming or other uses. This project will not impede normal and orderly development in the City of Yorkville. On behalf of Yorkville Renewables, LLC project we thank you in advance for your consideration of our request for approval. We look forward to review of our submittal at the next Community Development meeting and Planning & Zoning Commission meetings. In the interim, please contact us with any questions regarding our submittal or if any additional information is required. Sincerely, Matt Walsh Business Development Director P: 847.212.1585 E: mwalsh@nexamp.com 1 Michael Keith From:Matthew Brown Sent:Wednesday, November 9, 2022 1:40 PM To:Matt Walsh; Jack Curry Cc:Michael Keith; Perry Ryan Subject:FW: [External]RE: Yorkville Solar Access Permit Application Follow Up Flag:Follow up Flag Status:Flagged Matt/Jack, Please see below for the Yorkville access road & temporary construction widening approval. We can discuss this further at the meeting this afternoon. Best Regards, Matthew Brown Engineer ATWELL, LLC 734.994.4000 Office 517.215.1214 Mobile 734.994.1590 Fax 311 North Main | Ann Arbor, MI 48104 www.atwell-group.com From: Fran Klaas <FKlaas@kendallcountyil.gov> Sent: Tuesday, November 8, 2022 2:24 PM To: Matthew Brown <mbrown@atwell-group.com> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: RE: [External]RE: Yorkville Solar Access Permit Application Yep. That works. Your plan is hereby approved. Francis C. Klaas, P.E. Kendall County Engineer 6780 Route 47, Yorkville, IL 60560 (630) 553-7616 fklaas@kendallcountyil.gov From: Matthew Brown <mbrown@atwell-group.com> Sent: Tuesday, November 8, 2022 12:15 PM To: Fran Klaas <FKlaas@kendallcountyil.gov> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: RE: [External]RE: Yorkville Solar Access Permit Application Hello, I went through this morning and ran a truck turn analysis on the site with the 50’ culvert which would allow turn radii up to 45’ (while still allowing room for ditch grading), and I believe it would still b e a difficult turn for the construction traffic 2 to make. I would estimate we would need around a 60’ culvert if it were to function for construction traffic. As such, we are thinking the temporary widening would be the route we would like to proceed with. This would allow the construction traffic to enter/exit the site and then after construction, the culvert would be reduced down to the 40’ requirement with the road radii of 35’ as shown on the previous plan. Best Regards, Matthew Brown Engineer ATWELL, LLC 734.994.4000 Office 517.215.1214 Mobile 734.994.1590 Fax 311 North Main | Ann Arbor, MI 48104 www.atwell-group.com (-> linkprotect.cudasvc.com) From: Fran Klaas <FKlaas@kendallcountyil.gov> Sent: Monday, November 7, 2022 8:06 AM To: Matthew Brown <mbrown@atwell-group.com> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: RE: [External]RE: Yorkville Solar Access Permit Application Do to the unique nature of this project, we would be willing to allow you to place a 50’ long culvert. Would that work for both temporary and permanent? If not, a temporary widening would be acceptable. This temporary widening would expire after 12 months, and the permanent pipe length would then be required. Let me know how you would like to proceed. Francis C. Klaas, P.E. Kendall County Engineer 6780 Route 47, Yorkville, IL 60560 (630) 553-7616 fklaas@kendallcountyil.gov From: Matthew Brown <mbrown@atwell-group.com> Sent: Friday, November 4, 2022 11:13 AM To: Fran Klaas <FKlaas@kendallcountyil.gov> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: RE: [External]RE: Yorkville Solar Access Permit Application Hello, We have gone through and revised the drawings as recommended. This includes the reduction of the radii on the entrance in order to accommodate the 40’ culvert. Because of this, we were wondering if it would b e possible to provide a wider entrance and longer culvert on a temporary basis during construction only to alleviate some concerns of getting construction/delivery vehicles in and out of the site. The final permanent drive would then match what is now show on the revised plans. Please let us know if this revised plan is acceptable, and if the proposed temporary widening would be allowed. Thanks! Revised plans (2022-11-04): https://atwell-group.sharefile.com/d-sb86de87732df482cb68f2245af8e2a1e (-> linkprotect.cudasvc.com) Best Regards, 3 Matthew Brown Engineer ATWELL, LLC 734.994.4000 Office 517.215.1214 Mobile 734.994.1590 Fax 311 North Main | Ann Arbor, MI 48104 www.atwell-group.com (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) From: Fran Klaas <FKlaas@kendallcountyil.gov> Sent: Tuesday, November 1, 2022 11:44 AM To: Matthew Brown <mbrown@atwell-group.com> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: RE: [External]RE: Yorkville Solar Access Permit Application The revised plans appear to show that the new 18” CMP is significantly longer than the 40’ requested. I believe the 40’ requested is long enough to serve the needs of this access point. You may need to revise your radius returns to 50’. Please revise accordingly. Francis C. Klaas, P.E. Kendall County Engineer 6780 Route 47, Yorkville, IL 60560 (630) 553-7616 fklaas@kendallcountyil.gov From: Matthew Brown <mbrown@atwell-group.com> Sent: Thursday, October 27, 2022 1:49 PM To: Fran Klaas <FKlaas@kendallcountyil.gov> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: RE: [External]RE: Yorkville Solar Access Permit Application Hello, Thanks for all of the good information. As far as I know, the solar facility is the only anticipated project that will utilize this entrance, so as you stated, there shouldn’t be a significant change in trip generation. We have gone through and revised the plans to show the removal of the 8” PVC and replacement with an 18” CMP culvert as recommended (See sheet C-05). I will provide a link to the revised plans below (dated 2022-10-27). Please let us know if this new culvert layout is satisfactory, and if so, we will move forward using this culvert layout for the project. https://atwell-group.sharefile.com/d-sea34864c695a4f49b3e844ffe558f503 (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) Best Regards, Matthew Brown Engineer ATWELL, LLC 734.994.4000 Office 517.215.1214 Mobile 734.994.1590 Fax 311 North Main | Ann Arbor, MI 48104 www.atwell-group.com (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) 4 From: Fran Klaas <FKlaas@kendallcountyil.gov> Sent: Friday, October 21, 2022 3:34 PM To: Matthew Brown <mbrown@atwell-group.com> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: RE: [External]RE: Yorkville Solar Access Permit Application Matthew, I visited the site today to confirm a couple things. As shown in your plans, there is currently an 8” PVC culvert located at the existing entrance. I’m not exactly sure how long this has been there; but it does not, in any way, meet County specifications. However, since there is this existing access to Galena Road for the proposed solar field, I am of the opinion that we could likely consider this a “grandfathered” entrance. This would not work if there was a “significant change in trip generation”, as defined by the Kendall County Highway Access Regulation Ordinance. But since the number of vehicles going to and from the solar field, once constructed, should be extremely small, I believe it would not trigger the significant change in trip generation clause, and subsequent additional requirements found in the KCHARO. Bottom line is that the existing 8” PVC culvert must be removed in its entirety. It must be replaced with 18” dia. x 40’ long CMP or RCP. We recommend using upstream and downstream elevations of the Galena Road ditch at least 100’ away from the proposed culvert so that the new culvert and ditch grades will mesh with the existing Galena Road ditch. Because this is simply a removal and replacement of an existing entrance, I really don’t need a new Application for Access Permit. This work will simply need to be done as part of NexAmp’s site work. An aggregate construction entrance or all weather surface (HMA) should be placed within the entire Galena Road right-of- way to help keep dirt/debris off Galena Road. If there are any other projects besides the solar field that will use this entrance, and those uses constitute a significant change in trip generation, as defined by the KCHARO, then everything discussed above is moot, and compliance with the access ordinance will be required. Specifically, it would then limit the access to right in / right out, and additional turn lanes could be required. But as I see it right now, reconstruction of the existing entrance will likely be all that is required at this point. Please let me know if you have any additional questions. Francis C. Klaas, P.E. Kendall County Engineer 6780 Route 47, Yorkville, IL 60560 (630) 553-7616 fklaas@kendallcountyil.gov From: Matthew Brown <mbrown@atwell-group.com> Sent: Friday, October 21, 2022 8:12 AM To: Fran Klaas <FKlaas@kendallcountyil.gov>; Web_Email_Highway <Web_Email_Highway@kendallcountyil.gov> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: [External]RE: Yorkville Solar Access Permit Application CAUTION - This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, 5 I was just wanting to follow up on this since I hadn’t heard anything back yet. I was just wanting to confirm that the previous email and associated documents arrived correctly. If you could please confirm whether the previous email arrived and provide an approximate timeline for the permit, that would be greatly appreciated. Thanks in advance! Best Regards, Matthew Brown Engineer ATWELL, LLC 734.994.4000 Office 517.215.1214 Mobile 734.994.1590 Fax 311 North Main | Ann Arbor, MI 48104 www.atwell-group.com (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) From: Matthew Brown Sent: Thursday, October 13, 2022 10:26 AM To: fklaas@kendallcountyil.gov Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: Yorkville Solar Access Permit Application Hello, This is Matthew Brown with Atwell. I am contacting you in regards to a small solar farm that we had discussed previously on the phone a while back. This is for the site located just southwest of Galena Road and IL 47. We were wanting to start providing the necessary documents in order to apply for an access permit for the site. It is my understanding that you require a completed application form and a site plan. In addition, when we talked previously you mentioned the access will likely need to be limited to “right in, right out” traffic. You will be able to find these documents at the sharefile link located below. Please let us know if you require anything else for the permitting process, or if you have any questions comments or concerns. Also, if you could please let me know if these documents arrived correctly, I would greatly appreciate it. https://atwell-group.sharefile.com/d-s4760dfd8f6ef46b0ac48a31532dac854 (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) Best Regards, Matthew Brown Engineer ATWELL, LLC 734.994.4000 Office 517.215.1214 Mobile 734.994.1590 Fax 311 North Main | Ann Arbor, MI 48104 www.atwell-group.com (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning. 6 Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning. Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning. Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning. SUMMARY: Staff has reviewed a request from Kendall County Planning and Zoning Department along with the subsequent documents attached. This property is located within one and a half miles of the planning boundary for Yorkville, allowing the City the opportunity to review and provide comments to Kendall County. The petitioner, Jerry Styrczula, on behalf of A&D Properties, LLC, is requesting site plan approval to operate a trucking business for the sale and storage of semi-trailers, small trailers, semi-tractors, and similar uses at 7789 Route 47. The real property is located north of Ament Road and immediately west of South Bridge Street in unincorporated Kendall County. PROPERTY BACKGROUND: The property is located at 7789 Route 47 in unincorporated Kendall County and is comprised by two (2) parcels totaling ~16.4 acres. Currently owned by A&D Properties, LLC, there are two (2) existing buildings on the property. The building to the north is approximately five thousand, three hundred sixty-six (5,366) square feet and the building to the south is approximately eleven thousand, three hundred (11,300) square feet. Additionally, part of the property is vacant. The site currently is occupied by several trucks. The property fronts Route 47 and has one (1) access point off Route 47. There is a deceleration lane for south bound traffic off Route 47. The property also has one (1) access point off Conservation Drive. The property is immediately southwest of Yorkville’s corporate boundary, approximately 0.30 miles (~1600 feet) from the Windett Ridge Subdivision. In April 2024, the City of Yorkville received a request from Jerry Styrczula, on behalf of A&D Properties, LLC, requesting an approval of a map amendment (rezoning) for this property from B-3 Highway Business District to M-1 Limited Manufacturing District for the purpose of operating a trucking business, Freuhauf Manufacturing. In May 2024, the City of Yorkville had no objection to the rezoning of the property from Memorandum To: Planning and Zoning Commission From: Sara Mendez, Planner I Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: August 21, 2024 Subject: PZC 2024-06 – Jerry Styrczula on Behalf of A&D Properties, LLC (Site Approval Plan) 1.5 Review B-3 Business Highway District to M-1 Limited Manufacturing District. Additionally, in June 2024, the County Board approved the rezoning of the property to M-1 Limited Manufacturing District. PROPOSED DEVELOPMENT: The property is currently zoned M-1 Limited Manufacturing District in Kendall County. Per Kendall County’s Zoning Ordinance, all development proposed in the district must obtain site approval from the County Board. According to the application and site plans provided, the petitioner would like site plan approval to operate a trucking business for the sale and storage of semi-trailers, small trailers, semi-tractors, and similar uses. The site will consist of an approximately 13,000 square foot main building, and two (2) metal and frame buildings totaling approximately 17,000 square feet. The property also includes a detention area on the southwest area on Route 47, as illustrated on the site plan below. Site Plan The site plan, as illustrated above, indicates a total building area of approximately 30,000 square feet. The site plan shows five (5) customer parking stalls, twenty-four (24) employee parking stall, and fifty-eight (58) parking stalls for trailers, totaling 87 parking stalls at full build out. The site plan shows one (1) access from Route 47 and one (1) access from Conservation Drive. Engineering The City’s engineering consultant, EEI, has reviewed the submitted civil plans. Their only comment is the petitioner should submit their plans to the Illinois Department of Transportation (IDOT) for an entrance permit and to coordinate with the Illinois Department of Transportation (IDOT) regarding the future widening improvements that are planned in the area. YORKVILLE COMPREHENSIVE PLAN: Yorkville’s 2016 Comprehensive Plan designation for this property is Estate/Conservation Residential and Agricultural Zone (AZ). The Estate/Conservation Residential future land use is intended to provide flexibility for residential design in areas in Yorkville that can accommodate low -density detached single- family housing but also include sensitive environmental and scenic features that should be retained and enhanced. The Agricultural Zone future land use designation is primarily intended for lands expected to remain for agricultural uses, both farming and restricted forms such as pastures, gardening, riding stables, nurseries, and greenhouses. As previously mentioned, this property was granted rezoning approval by Kendall County changing the property from B-3 Business Highway District to M-1 Limited Manufacturing District. This rezoning was also reviewed and not objected by the City of Yorkville in May 2024 as part of the 1.5-mile review process. The new zoning classification is consistent with Kendall County’s recent changes to its Future Land Use Map. The proposed land use and M-1 zoning in Kendall County is inconsistent with Yorkville’s Comprehensive Plan. If approved, the proposed facility to operate a trucking business for the sale and storage of semi-trailers, small trailers, semi-tractors, and similar uses would necessitate a review and potential amendment to Yorkville’s Comprehensive Plan’s future land use plans for this area. An appropriate future land use designation would be General Industrial (GI) which is intended for a broad range of warehousing and manufacturing activities of minimal environmental impact. EDC COMMENTS At the May 7, 2024, Economic Development Committee meeting, Daniel Kramer stated that his client, Jerry Styrczula, a dealer of Fruehauf Manufacturing, would solely be conducting trailer sales and would not be running a trucking business on the site. However, at the August 6, 2024, Economic Development Committee meeting, the committee requested clarification on whether the trailers currently on the site would be removed or remain, especially given that the site plans display storage for semi -tractors, semi- trailers, small trailers, and similar uses. Mr. Kramer responded via email on August 7, 2024, “Sure the language is meant to cover the Sales of the new Trailers. We have continued to represent to the County and as part of Owner’s Business plan he has absolutely no intention, nor permission to run a trucking business at the site. There are still some Remnants of Trailers that were sent to His site that had been used by Plano Molding (rented to that customer by Jerry’s business) at their Manufacturing and Distribution sites in Plano and Sandwich to store inventory. Plano Molding cut way down on Storage of both and returned them to Jerry. He is selling and sending them to auctions to dispose of, and they will not remain on site. Hopefully that answers the concerns”. In summary, the clarification provided by Daniel Kramer confirms that the trailers in question are being sold and that there are no plans to operate a trucking business at the site. A&D Properties, LLC, the owner of the property, has no intention or authorization to use the site for trucking operations, and the remaining trailers will be removed in due course. STAFF COMMENTS Staff is seeking input from the Planning and Zoning Commission as the one-and-a-half-mile review allows for the City to make comments and requests to the petitioner and County prior to their public meetings. This review will also be brought to City Council on September 24, 2024. This item was delivered to the City on June 26, 2024. PROPOSED MOTION In consideration of the proposed mile and one-half review of Kendall County Petition 24-07 for site plan approval to operate a trucking business for the sale and storage of semi-trailers, small trailers, semi- tractors, and similar uses at 7789 Route 47, the Planning and Zoning Commission recommends to the City Council to (object or not to object) to the request. ATTACHMENTS 1. Application with Attachments 2. Email from Dan Kramer ZPAC Memo – Prepared by Matt Asselmeier – June 26, 2024 Page 1 of 5 DEPARTMENT OF PLANNING, BUILDING & ZONING 111 West Fox Street • Room 203 Yorkville, IL • 60560 (630) 553-4141 Fax (630) 553-4179 Petition 24-07 Jerry Styrczula on Behalf of A&D Properties, LLC Site Plan Approval INTRODUCTION A&D Properties, LLC would like site plan approval in order to operate a trucking business for the sale and storage of semi-trailers, small trailers, semi-tractors, and similar uses at 7789 Route 47. The County Board approved the rezoning of this property to M-1 in June 2024. The application materials are included as Attachment 1. The proposed site plan is included as Attachment 2. The proposed landscaping plan is included as Attachment 3. SITE INFORMATION PETITIONERS: Jerry Styrczula on Behalf of A&D Properties, LLC ADDRESS: 7789 Route 47, Yorkville LOCATION: West Side of Route 47 Approximately 0.5 Miles North of Ament Road TOWNSHIP: Kendall PARCEL #s: 05-09-300-015 LOT SIZE: 16.4 +/- Acres EXISTING LAND Vacant and Improved Commercial ZPAC Memo – Prepared by Matt Asselmeier – June 26, 2024 Page 2 of 5 USE: ZONING: B-3 Highway Business District LRMP: Future Land Use Mixed Use Business Yorkville’s Plan calls for the property to be Estate/Conservation Residential Roads Route 47 is a State maintained Arterial Road. Trails There are no trails planned in this area. Floodplain/ Wetlands There are no floodplains or wetlands on the property. REQUESTED ACTION: Site Plan Approval APPLICABLE REGULATIONS: Section 13:10 – Site Plan Review SURROUNDING LAND USE Location Adjacent Land Use Adjacent Zoning Land Resource Management Plan Zoning within ½ Mile North Improved Commercial, Agricultural, Single- Family Residential R-2 and B-3 (Yorkville) Suburban Neighborhoods and Estate/Conservation Residential (Yorkville) A-1, A-1 SU, R-1, R-4, and B-3 (County) R-2, R-3, B-1, and B-3 (Yorkville) South Vacant Manufacturing M-1 Mixed Use Business (County) Agricultural (Yorkville) A-1 and M-1 East Agricultural R-2 and R-3 (Yorkville) Estate/Conservation Residential (Yorkville) R-2 and R-3 (Yorkville) West Agricultural A-1 Rural Residential (Max 0.65 DU/Acre (County) Agricultural (Yorkville) A-1 The A-1 special use permit to the north is for a landscaping business. PHYSICAL DATA ENDANGERED SPECIES REPORT EcoCAT Report submitted and consultation was terminated (see Attachment 1, Pages 14-15). ZPAC Memo – Prepared by Matt Asselmeier – June 26, 2024 Page 3 of 5 ACTION SUMMARY KENDALL TOWNSHIP Petition information was sent to Kendall Township on June 26, 2024. UNITED CITY OF YORKVILLE Petition information was sent to the United City of Yorkville on June 26, 2024. BRISTOL-KENDALL FIRE PROTECTION DISTRICT Petition information was sent to the Bristol-Kendall Fire Protection District on June 26, 2024. DESIGN STANDARDS Pursuant to Section 13:10.D of the Kendall County Zoning Ordinance, the following shall be taken into account when reviewing Site Plans (Staff comments in bold): Responsive to Site Conditions-Site plans should be based on an analysis of the site. Such site analysis shall examine characteristics such as site context; geology and soils; topography; climate and ecology; existing vegetation, structures and road network; visual features; and current use of the site. In addition to the standards listed below, petitioners must also follow the regulations outlined in this Zoning Ordinance. To the fullest extent possible, improvements shall be located to preserve the natural features of the site, to avoid areas of environmental sensitivity, and to minimize negative effects and alteration of natural features. Fragile areas such as wetlands and flood plains should be preserved as open space. Slopes in excess of 20 percent as measured over a 10-foot interval also should remain as open space, unless appropriate engineering measures concerning slope stability, erosion and safety are taken. The property has been zoned B-3 since 1975 and the main building has been on the property since approximately 1977. The property was rezoned to M-1 in 2024. The property was previously used for an agricultural implement sales business. The construction of the new building is an area that is already paved. There are no floodplains or wetlands on the property. There are no excessive slopes on the property. Traffic and Parking Layout-Site plans should minimize dangerous traffic movements and congestion, while achieving efficient traffic flow. An appropriate number of parking spaces shall be provided while maintaining County design standards. The number of curb cuts should be minimized and normally be located as far as possible from intersections. Connections shall be provided between parking areas to allow vehicles to travel among adjacent commercial or office uses. Cross-access easements or other recordable mechanisms must be employed. The site plan shows one (1) access from Route 47 and one (1) access from Conservation Drive. There will be a maximum of four (4) employees at the property. Based on the approximately fifteen thousand (15,000) square feet of buildings presently onsite and the requirement in Section 11:04 of one (1) parking space per six hundred (600) square feet of floor area plus one (1) parking space per employees, the property meets the parking requirements contained in the Zoning Ordinance without the construction of the new building. The site plan shows five (5) customer parking spaces, including two (2) handicapped accessible parking space, twenty-four (24) employee parking spaces, and fifty- eight (58) parking spaces for trailers. Conflicts between pedestrians and vehicular movements should be minimized. When truck traffic will be present upon the site, the road size and configuration shall be adequate to provide for off-street parking and loading facilities for large vehicles. Barrier curb should be employed for all perimeters of and islands in paved parking lots, as well as for all service drives, loading dock areas, and the equivalent. Parking lots in industrial or commercial areas shall be paved with hot-mix asphalt or concrete surfacing. No conflicts are foreseen. Site Layout-Improvements shall be laid out to avoid adversely affecting ground water and aquifer recharge; minimize cut and fill; avoid unnecessary impervious cover; prevent flooding and pollution; provide adequate access to lots and sites; and mitigate adverse effects of shadow, noise, odor, traffic, drainage and utilities on neighboring properties. The proposal should not impact, shadow, noise, odor, traffic, or utilities on neighboring properties. Drainage concerns can be addressed in the stormwater management permit. The proposed septic field is located south of the access drive and southern most future parking area. Consistent with the Land Resource Management Plan-The proposed use and the design of the site should be consistent with the Land Resource Management Plan. This is true. ZPAC Memo – Prepared by Matt Asselmeier – June 26, 2024 Page 4 of 5 Building Materials-The proposed site plan design shall provide a desirable environment for its occupants and visitors as well as its neighbors through aesthetic use of materials, textures and colors that will remain appealing and will retain a reasonably adequate level of maintenance. Buildings shall be in scale with the ultimate development planned for the area. Monotony of design shall be avoided. Variations in detail, form, and setting shall be used to provide visual interest. Variation shall be balanced by coherence of design elements. No rendering was provided. Relationship to Surrounding Development-A site shall be developed in harmony with neighboring street pattern, setbacks and other design elements. This is not an issue. Open Space and Pedestrian Circulation-Improvements shall be designed to facilitate convenient and safe pedestrian and bicycle movement within and to the property. This is not an issue. Buffering-Measures shall be taken to protect adjacent properties from any undue disturbance caused by excessive noise, smoke, vapors, fumes, dusts, odors, glare or stormwater runoff. Incompatible, unsightly activities are to be screened and buffered from public view. The Petitioner proposes a seven foot (7’) tall iron looking fence across the front (east) side of the property and an eight foot (8’) tall solid fence along sides and rear of the property. The Petitioner also proposes a slide gate at the main entrance off of Route 47 and a gate off of Conservation Drive. The landscaping plan proposes four (4) Autumn Blaze Maples, four (4) Thornless Honeylocusts, eighteen (18) Neon Flash Spirea, eighteen (18) Chicagoland Green Boxwoods, Kentucky Bluegrass, and Wet Mesic Prairie Mix. The Petitioner also proposes to keep the existing trees within ten feet (10’) of the southern and western property lines, except for dead trees brush. The area around the sign would also be landscaped. Section 11:02.F.8 of the Zoning Ordinance discussing the planting of hedges, installation of berms, and the planting of natural vegetation. This Section also gives the Regional Planning Commission the ability to reduce buffering requirements. The Petitioner would like to ask the Regional Planning Commission for a reduction in the buffering requirement. Emergency Vehicle Access-Every structure shall have sufficient access for emergency vehicles. The Petitioner proposes to provide the Bristol-Kendall Fire Protection District and Sheriff’s Department with the combination to the gate. Beyond that information, Staff would like comments from the Fire Protection District and Sheriff’s Department on this matter. Mechanical Equipment Screening-All heating, ventilation and air conditioning equipment shall be screened on sides where they abut residential districts. The HVAC system is along the northside of the building at ground level. The proposed fences should screen adjoining properties from the mechanical systems. Lighting-The height and shielding of lighting fixtures shall provide proper lighting without hazard to motorists on adjacent roadways or nuisance to adjacent residents by extending onto adjacent property. Cut-off lighting should be used in most locations, with fixtures designed so that the bulb/light source is not visible from general side view. The Petitioner does not propose any additional exterior lighting other than the battery packs on the building for security purposes. The parking area for inventory would not be illuminated and the sign would not be illuminated. There would be an illuminated sign on the building. Refuse Disposal and Recycling Storage Areas-All refuse disposal and recycling storage areas should be located in areas designed to provide adequate accessibility for service vehicles. Locations should be in areas where minimal exposure to public streets or residential districts will exist. Screening shall be required in areas which are adjacent to residential districts or are within public view. Such enclosures should not be located in landscape buffers. Refuse containers and compactor systems shall be placed on smooth surfaces of non- absorbent material such as concrete or machine-laid asphalt. A concrete pad shall be used for storing grease containers. Refuse disposal and recycling storage areas serving food establishments shall be located as far as possible from the building’s doors and windows. The use of chain link fences with slats is prohibited. One (1) twelve foot by twenty-five foot (12X25’) concrete dumpster area is shown west of the eastern most building. This area would be inside a wooden fence. The refuse area would be moved, if the new building was constructed. ZPAC Memo – Prepared by Matt Asselmeier – June 26, 2024 Page 5 of 5 RECOMMENDATION Pending review by ZPAC and the Kendall County Regional Planning Commission, Staff recommends approval of the site plan subject to the following conditions: 1. The site shall be developed substantially in accordance with the attached site plan (Attachment 2) and landscaping plan (Attachment 3). 2. An eight foot (8’) tall solid fence shall be added along the north, west, and south property lines in addition to the seven foot (7’) tall iron looking fence depicted on the site plan (Attachment 2). 3. One (1) gate made of the same material and size of the eight foot (8’) tall fence shall be placed along the entrance of the property at Conservation Drive. 4. The Kendall County Sheriff’s Department and the Bristol-Kendall Fire Protection District shall be provided a passcode to at least one (1) of the gates. 5. The fencing and landscaping shall be installed by December 31, 2024. The Planning, Building and Zoning Department may grant an extension to this deadline. 6. Dead trees and scrub growth located within ten feet (10’) of the southern and western property lines may be removed. 7. If additional lighting is proposed in the future, an amendment to the site plan will be required. 8. If the building addition shown on the site plan is constructed, an amendment to the site plan will be required. 9. The site shall be developed in accordance with all applicable federal, state, and local laws related to site development. ATTACHMENTS 1. Application Materials 2. Site Plan 3. Landscaping Plan Attachment 1, Page 1 LEGAL DESCRIPTION OF PARCEL 1: That Part of the West Half of Section 9, Township 36 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Southeast Corner of said Section 9; thence Westerly along the Southerly Line of said Section, 2672.0 feet to the tangent center line of Illinois State Route No. 47 extended from the South; thence South along said tangent center line, 869.22 feet; thence South 89°34'04” West, 615.0 feet; thence North 24°54'19” West, 1015.92 feet for the point of beginning; thence North 24°54'19” West, 456.95 feet; thence North 66°41'34” East, 1012.15 feet to the Westerly Right of Way Line of said State Route No. 47, being 40.0 feet normally distant Southwesterly from the center line of said Route; thence Southeasterly along said Westerly Right of Way Line, being on a curve to the right having a radius of 5420.43 feet, a distance of 91.87 feet; thence South 17°08'59” East along said right of way line, 0.80 feet; thence Southeasterly along said Westerly Right of Way Line, being on a curve to the right having a radius of 5344.41 feet, a distance of 343.71 feet to a line drawn North 65°13'06” East from the point of beginning; thence South 65°13'06” West, 942.72 feet to the point of beginning, in the Township of Kendall, in Kendall County, Illinois, EXCEPT those Parts conveyed to the State of Illinois in the Deeds recorded June 29, 1990 as Document 1990-904189 and October 23, 1990 as Document 1990-906729. LEGAL DESCRIPTION OF PARCEL 2: Lots 2 and 3 of Walz Subdivision, recorded December 17, 1990 as Document 907919, in the Township of Kendall, Kendall County, Illinois. Attachment 1, Page 2 Attachment 1, Page 3 Attachment 1, Page 4 Attachment 1, Page 5 Attachment 1, Page 6 Attachment 1, Page 7 Attachment 1, Page 8 Attachment 1, Page 9 Attachment 1, Page 10 Attachment 1, Page 11 Attachment 1, Page 12 Attachment 1, Page 13 Attachment 1, Page 14 Attachment 1, Page 15 Attachment 1, Page 16 Attachment 2, Page 1 PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMA&D PROPERTIES, INC.PREPARED FOR:18126 N.W. FRONTAGE RD, SHOREWOOD, IL7789 IL ROUTE 47 SITE PLAN23 557 01OF 9 SHEETSFEB 29, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO.DATENOTES1 4.22.24 KENDALL COUNTY REVIEW LETTER 3.26.242 6.24.24 KENDALL COUNTY PLANNING CHANGES3 6.26.24 KENDALL COUNTY PLANNING CHANGESEXISTING CONDITIONS & DEMOLITION PLAN2Attachment 2, Page 2 PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMA&D PROPERTIES, INC.PREPARED FOR:18126 N.W. FRONTAGE RD, SHOREWOOD, IL7789 IL ROUTE 47 SITE PLAN23 557 01OF 9 SHEETSFEB 29, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO. DATENOTES1 4.22.24 KENDALL COUNTY REVIEW LETTER 3.26.242 6.24.24 KENDALL COUNTY PLANNING CHANGES3 6.26.24 KENDALL COUNTY PLANNING CHANGESSTORM WATER POLLUTION PREVENTION PLAN3A&D PROPERTIES, INC.18126 N.W. FRONTAGE RDSHOREWOOD, IL 60404PHONE: (815) 609-0707EMAIL: JERRY@TRANSPORTEQUIPMENTINC.COMAttachment 2, Page 3 PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMA&D PROPERTIES, INC.PREPARED FOR:18126 N.W. FRONTAGE RD, SHOREWOOD, IL7789 IL ROUTE 47 SITE PLAN23 557 01OF 9 SHEETSFEB 29, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO.DATENOTES1 4.22.24 KENDALL COUNTY REVIEW LETTER 3.26.242 6.24.24 KENDALL COUNTY PLANNING CHANGES3 6.26.24 KENDALL COUNTY PLANNING CHANGESSTORM WATER POLLUTION PREVENTION PLAN4·CONCRETE WASH-OUT NOTE:CONCRETE WASHOUT SHOULD BE CONTAINED AT ALL TIMES. WASHOUTMATERIAL SHOULD NOT BE ALLOWED TO ENTER WATER BODIES, STORMSEWERS OR LEACH INTO THE SOIL UNDER ANY CIRCUMSTANCES. ANYWASTE SHOULD BE DISPOSED OF PROPERLY AND THE LOCATION OF THEWASHOUT SHOULD BE DESIGNATED WITH PROPER SIGNAGE. FAILURE TOCOMPLY COULD RESULT IN AN INCIDENCE OF NONCOMPLIANCE (ION).Attachment 2, Page 4 PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMA&D PROPERTIES, INC.PREPARED FOR:18126 N.W. FRONTAGE RD, SHOREWOOD, IL7789 IL ROUTE 47 SITE PLAN23 557 01OF 9 SHEETSFEB 29, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO.DATENOTES1 4.22.24 KENDALL COUNTY REVIEW LETTER 3.26.242 6.24.24 KENDALL COUNTY PLANNING CHANGES3 6.26.24 KENDALL COUNTY PLANNING CHANGESOVERALL CIVIL SITE PLAN5PHONE: (815) 786-0195TEBRUGGE ENGINEERING410 E CHURCH ST - SUITE A, SANDWICH, IL 60548EMAIL:INFO@TEBRUGGEENGINEERING.COMDETENTION PONDCROSS SECTIONAttachment 2, Page 5 PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMA&D PROPERTIES, INC.PREPARED FOR:18126 N.W. FRONTAGE RD, SHOREWOOD, IL7789 IL ROUTE 47 SITE PLAN23 557 01OF 9 SHEETSFEB 29, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO.DATENOTES1 4.22.24 KENDALL COUNTY REVIEW LETTER 3.26.242 6.24.24 KENDALL COUNTY PLANNING CHANGES3 6.26.24 KENDALL COUNTY PLANNING CHANGESCIVIL SITE PLAN - NORTH6Attachment 2, Page 6 PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMA&D PROPERTIES, INC.PREPARED FOR:18126 N.W. FRONTAGE RD, SHOREWOOD, IL7789 IL ROUTE 47 SITE PLAN23 557 01OF 9 SHEETSFEB 29, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO.DATENOTES1 4.22.24 KENDALL COUNTY REVIEW LETTER 3.26.242 6.24.24 KENDALL COUNTY PLANNING CHANGES3 6.26.24 KENDALL COUNTY PLANNING CHANGESCIVIL SITE PLAN - SOUTH7Attachment 2, Page 7 PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMA&D PROPERTIES, INC.PREPARED FOR:18126 N.W. FRONTAGE RD, SHOREWOOD, IL7789 IL ROUTE 47 SITE PLAN23 557 01OF 9 SHEETSFEB 29, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO. DATENOTES1 4.22.24 KENDALL COUNTY REVIEW LETTER 3.26.242 6.24.24 KENDALL COUNTY PLANNING CHANGES3 6.26.24 KENDALL COUNTY PLANNING CHANGESGENERAL NOTES & DETAILS8Attachment 2, Page 8 PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMA&D PROPERTIES, INC.PREPARED FOR:18126 N.W. FRONTAGE RD, SHOREWOOD, IL7789 IL ROUTE 47 SITE PLAN23 557 01OF 9 SHEETSFEB 29, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO. DATENOTES1 4.22.24 KENDALL COUNTY REVIEW LETTER 3.26.242 6.24.24 KENDALL COUNTY PLANNING CHANGES3 6.26.24 KENDALL COUNTY PLANNING CHANGESGENERAL NOTES & DETAILS II9PIPE OUTLET TO FLAT AREAN.T.S.PLAN VIEWSECTION 'A-A'Attachment 2, Page 9 PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMA&D PROPERTIES, INC.PREPARED FOR:18126 N.W. FRONTAGE RD, SHOREWOOD, IL7789 IL ROUTE 47 SITE PLAN23 557 01OF 9 SHEETSFEB 29, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO.DATENOTES1 4.22.24 KENDALL COUNTY REVIEW LETTER 3.26.242 6.24.24 KENDALL COUNTY PLANNING CHANGESLANDSCAPE PLAN1OF 2 SHEETSAttachment 3, Page 1 PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMA&D PROPERTIES, INC.PREPARED FOR:18126 N.W. FRONTAGE RD, SHOREWOOD, IL7789 IL ROUTE 47 SITE PLAN23 557 01OF 9 SHEETSFEB 29, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO.DATENOTES1 4.22.24 KENDALL COUNTY REVIEW LETTER 3.26.242 6.24.24 KENDALL COUNTY PLANNING CHANGESLANDSCAPE DETAILS2NOTE:OF 2 SHEETSBase MaterialUniform Zinc Coating(Hot Dip)Zinc Phosphate CoatingEpoxy Primer1716"112"FLAT MOUNTAcrylic TopcoatBracket Options512"VariesWithHeight2" Nom.Standard Heights3', 312', 4', 5', 6'36" Min.Footing Depth118"112" MONTAGE PLUS Rail(See Cross- Section Below)TMPost 212" x 16ga134" 18ga Picket2RAKING DIRECTIONAL ARROWWelded panel can be raked30" over 8' with arrow pointing downgrade.MONTAGE PLUS RAILSpecially formed high strengtharchitectural shape.TMPROFUSION WELDING PROCESSNo exposed welds,Good Neighbor profile - Sameappearance on both sidesTMMONTAGE PLUS RAILTME-COAT COATING SYSTEMDOUBLE RING Adornament option2TYPICAL31516"8' O.C. Nom.3BX111BX112/117BX114UNIVERSAL BOULEVARDLINE BOULEVARDBRACKETBRACKETBRACKET3NOTES:1.) Post size depends on fence height and wind loads. See MONTAGE PLUS specifications for post sizing chart.2.) Third rail required for Double Rings.3.) Available in 3" air space and/or Flush Bottom on most heights.TMValues shown are nominal and not to be used forinstallation purposes. See product specificationfor installation requirements.SCALE:NJBDR:CK:SH . 1of 1Date 09/21/11AMERISTARRREV: MONTAGE PLUS MAJESTIC 2/3-RAILDO NOT SCALEeTitle:BS1RMISOCOMMERCIAL STRENGTH WELDED STEEL PANELPRE-ASSEMBLEDAttachment 3, Page 2 From:Daniel J Kramer To:Sara Mendez Cc:Krysti Barksdale-Noble Subject:RE: Questions Regarding Jerry Styrczula"s Petition for Site Plan Approval Date:Wednesday, August 7, 2024 2:48:51 PM Attachments:image001.png image002.png image003.png Sure the language is meant to cover the Sales of the new Trailers. We have continued to represent to the County and as part of Owner’s Business plan he has absolutely no intention, nor permission to run a trucking business at the site. There are still some Remnants of Trailers that were sent to His site that had been used by Plano Molding( rented to that customer by Jerry’s business) at their Manufacturing and Distribution sites in Plano and Sandwich to store inventory. Plano Molding cut way down on Storage of both and returned them to Jerry. He is selling and sending them to auctions to dispose of, and they will not remain on site. Hopefully that answers the concerns. Very Truly Yours, Daniel J. Kramer Attorney at Law 1107A S. Bridge Street Yorkville, IL. 60560 Phone-630.553.9500 Fax-630.553.5764 NOTICE: This communication is covered by the Electronic Communications Privacy Act found at 18 USC 2510 et. seq. and is intended to remain confidential and is subject to the applicable attorney/client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and all attachments. Do not deliver, distribute or copy this message and/or any attachments and do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments if you are not the intended recipient. From: Sara Mendez <smendez@yorkville.il.us> Sent: Wednesday, August 7, 2024 2:05 PM To: Daniel J Kramer <dkramer@dankramerlaw.com> Cc: Krysti Barksdale-Noble <knoble@yorkville.il.us> Subject: Questions Regarding Jerry Styrczula's Petition for Site Plan Approval Good afternoon Dan, In yesterday’s Economic and Development Committee meeting, we discussed the petition brought by Kendall County regarding Jerry Styrczula, on behalf of A&D Properties, LLC. The request is for site plan approval to operate a trucking business for the sale and storage of semi- tractors, small trailers, semi-trailers, and similar uses. However, the committee would like some clarification on whether the trailers will be moved off the property or if they will remain on-site. As you previously stated in the May 7, 2024 Economic Development Committee meeting, the petitioner would not be running a trucking business, as the petitioner is a dealer for Freuhauf Manufacturing and would be solely conducting trailer sales. However, the proposed site plans displays the storage of semi- tractors, semi-trailers, small trailers, and similar uses. Would you mind providing some clarification? Additionally, could you provide details on whether the petitioner plans to keep the current trucks on-site or if they will be moved elsewhere? Your insights on these concerns would be greatly appreciated by the Committee. All the best, Sara Mendez (she/her) Planner I United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 (630) 553-8555 (630) 450-1304 www.yorkville.il.us SUMMARY: Staff has reviewed a request from Kendall County Planning and Zoning Department along with the subsequent documents attached. This property is located within one and a half miles of the planning boundary for Yorkville, allowing the City the opportunity to review and provide comments to Kendall County. The petitioner, Leo M. Phillipp is requesting an approval of a map amendment (rezoning) for 11.6 +/- acres of the approximately 15 aces located at the northeast corner of Legion and East Highpoint Roads, commonly known as 10835 Legion Road, from A-1 Agricultural District to R-1 One-Family Residential District. The purpose of the request is to construct approximately three (3) single-family houses. The real property is located immediately north of Legion Road and immediately east of High Point Road in unincorporated Kendall County. PROPERTY BACKGROUND: The property is located at 10835 Legion Road in unincorporated Kendall County and consists of one (1) parcel totaling ~15-acres. Currently owned by Leo M. and Vicki L. Phillipp, there is one (1) existing single-family home on the property, as shown to the right. The home is located on the southern side of the parcel, and is approximately four thousand, two hundred fifty-six (4,256) square feet. Additionally, the rest of the property is undeveloped. The property fronts Legion Road and has one (1) access point off Legion Road. The property is immediately east of Yorkville’s corporate boundary, approximately 1.23 miles (~7000 feet) from the Windett Ridge Subdivision. The property is currently zoned as both A-1 Agricultural District and R-1 One- Family Residential District, underwent several zoning changes. Initially, in 1984, the southwest corner was rezoned from A-1 to R-1, as shown above. However, in 1987, Kendall County rezoned the southwest corner back to A-1, except for approximately 3.3 acres where the existing single-family home is located, which remains zoned as R-1, as shown below. Memorandum To: Planning and Zoning Commission From: Sara Mendez, Planner I Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: September 4, 2024 Subject: PZC 2024-20 – Leo M. Phillipp (Rezoning) 1.5 Review REQUEST SUMMARY: The petitioner, Leo M. Phillpp, is solely requesting the rezoning of the parcel from A-1 Agricultural District to R-1 One-Family Residential District. To highlight the significant differences between the Bulk and Dimensional Standards of the City of Yorkville's R-1 Single-Family Suburban Residence District and Kendall County’s R-1 One-Family Residential District, the table below provides a clear comparison. City of Yorkville Regulations for R-1 Single- Family Suburban Residence Kendall County Regulations for R-1 One- Family Residential District Minimum Lot Size 18,000 sq. ft. 130,000 sq. ft. Minimum Lot Width 100 feet 200 feet Maximum Lot Coverage 50% 10% Minimum Front Setback 40 feet 1. 150 feet from the roadway centerline when fronting on a Federal, State or County roadway or 100 feet from the right-of-way, whichever is greater. 2. 50 feet from the right-of way or access easement on all township or private roadways Minimum Side Setback 15 feet 50 feet Minimum Rear Setback 50 feet 50 feet Maximum Building Height 30 feet 1. One-family detached dwellings: 40 feet and not more than two and one-half stories 2. Other non-residential permitted or conditional buildings and structures: shall not exceed 45 feet and not more than three stories in height The photo below highlights the distance between Yorkville’s corporate boundary and the property at 10835 Legion Road, marked by a red pin, which is approximately 7,000 feet. YORKVILLE COMPREHENSIVE PLAN: Yorkville’s 2016 Comprehensive Plan designation for this property is Estate/Conservation Residential. The Estate/Conservation Residential future land use is intended to provide flexibility for residential design in areas in Yorkville that can accommodate low-density detached single-family housing but also include sensitive environmental and scenic features that should be retained and enhanced. Additionally, the Estate/Conservation Residential neighborhood is characterized by conventional development, such as detached housing on large lots, or conservation design by clustering homes together that leave undeveloped green space for agriculture, preservation of historic and cultural resources, and community open space. The current land use with a single-family home on the property and the proposed addition of approximately three (3) new single-family homes on 11.6 +/- acres is consistent with Yorkville’s Comprehensive Plan land use designation for this property. This consistency is due to the conventional development approach of clustering the proposed three (3) new single-family homes within the overall acreage of the property, which aligns with the Estate/Conservation Residential neighborhood. If approved, the ma p amendment (rezoning) does not alter the land use and maintains its alignment with the area's future land use plans STAFF COMMENTS Staff is seeking input from the Economic Development Committee as the one-and-a-half-mile review allows for the city to make comments and requests to the petitioner and County prior to their public meetings. This review will also be brought to the Planning and Zoning Commission on September 11, 2024 and City Council on September 24, 2024. This item was delivered to the City on July 30, 2024. PROPOSED MOTION In consideration of the proposed mile and half review of Kendall County Petition 24-20 for a map amendment 11.6 +/- acres located at the northeast corner of Legion and East Highpoint Roads, commonly known as addressed 10835 Legion Road, from A-1 Agricultural District to R-1 One-Family Residential District, the Planning and Zoning Commission recommends the City Council to (object or not to object) to the request. ATTACHMENTS 1. Application with Attachments ZPAC Memo – Prepared by Matt Asselmeier – July 30, 2024 Page 1 of 5 DEPARTMENT OF PLANNING, BUILDING & ZONING 111 West Fox Street • Room 203 Yorkville, IL • 60560 (630) 553-4141 Fax (630) 553-4179 Petition 24-22 Leo M. Phillipp Map Amendment Rezoning from A-1 to R-1 INTRODUCTION The Petitioners would like a map amendment rezoning approximately eleven point six more or less (11.6 +/-) acres of the approximately fifteen (15) acres located at the northeast corner of Legion and East Highpoint Roads in order to construct approximately three (3) houses. The application materials are included as Attachment 1. The zoning plat is included as Attachment 2. SITE INFORMATION PETITIONERS: Leo M. Phillipp ADDRESS: 10835 Legion Road, Yorkville LOCATION: Northeast Corner of Legion and East Highpoint Roads In 1984, through Ordinance 84-06, the southwest corner of the property was rezoned to R-1 as outlined in the following aerial. ZPAC Memo – Prepared by Matt Asselmeier – July 30, 2024 Page 2 of 5 TOWNSHIP: In 1987, through Ordinance 87-27, the southwest corner of the property was rezoned back to A-1 and approximately three point three more or less (3.3 +/-) acres where the current house is placed was rezoned to R-1. The following is current zoning configuration of the property: Kendall PARCEL #s: 05-08-301-002 ZPAC Memo – Prepared by Matt Asselmeier – July 30, 2024 Page 3 of 5 LOT SIZE: 15.0 +/- Acres (Total Parcel) 11.6 +/- (Area to be Rezoned) EXISTING LAND USE: Wooded ZONING: A-1 Agricultural District LRMP: Future Land Use Suburban Residential (County) Estate/Conservation Residential (Yorkville) Roads East High Point Road and Legion Road are Township maintained Minor Collectors. Trails Yorkville has a trail planned along East Highpoint Road. Floodplain/ Wetlands There are no floodplains or wetlands on the property. REQUESTED ACTION: Map Amendment Rezoning Property from A-1 Agricultural District to R-1 One Family Residential District APPLICABLE REGULATIONS: Section 13:07 – Map Amendment Procedures SURROUNDING LAND USE Location Adjacent Land Use Adjacent Zoning Land Resource Management Plan Zoning within ½ Mile North Single-Family Residential A-1 Suburban Residential (Max 1.0 DU/Acre) (County) Estate/Conservation Residential (Yorkville) A-1 and B-4 South Agricultural and Single- Family Residential A-1 Rural Residential (Max 0.65 DU/Acre) (County) Estate/Conservation Residential (Yorkville) A-1, R-3, and RPD-2 East Single-Family Residential A-1 and R-1 Suburban Residential (County) Estate/Conservation Residential (Yorkville) A-1, A-1 SU, and R-1 West Agricultural A-1 and A-1 SU Suburban Residential (County) Estate/Conservation Residential (Yorkville) A-1, A-1 SU, R-2, R-3, and RPD-3 ZPAC Memo – Prepared by Matt Asselmeier – July 30, 2024 Page 4 of 5 The A-1 special use permits to the east are for communication towers. The A-1 special use permit to the west is for boarding horses. PHYSICAL DATA ENDANGERED SPECIES REPORT EcoCAT Report submitted and consultation was terminated (see Attachment 1, Page 7). NATURAL RESOURCES INVENTORY The application for NRI was submitted on July 19, 2024 (see Attachment 1, Page 6). ACTION SUMMARY KENDALL TOWNSHIP Petition information was sent to Kendall Township on July 30, 2024. UNITED CITY OF YORKVILLE Petition information was sent to the United City of Yorkville on July 30, 2024. BRISTOL-KENDALL FIRE PROTECTION DISTRICT Petition information was sent to the Bristol-Kendall Fire Protection District on July 30, 2024. GENERAL INFORMATION The Petitioners would like to rezone the property in order to build a maximum of three (3) houses on the rezoned portion of the property. Since the property already has frontage along East Highpoint and Legion Roads, a Plat Act Exemption may be used instead of doing a subdivision. BUILDING CODES The site is currently mostly wooded with one (1) single-family home. Any future buildings would have to meet applicable building codes. UTILITIES The wooded area is not presently served by utilities. ACCESS The property fronts East Highpoint and Legion Roads. Kendall Township has permitting authority over access at the property. PARKING AND INTERNAL TRAFFIC CIRCULATION No information was provided regarding parking. ODORS Based on the proposed uses, no new odors are foreseen. LIGHTING Lighting would be for residential purposes and would have to follow applicable ordinances. LANDSCAPING AND SCREENING Landscaping would be for residential uses. SIGNAGE No non-residential signage is planned. NOISE CONTROL The owners of the property would have to follow applicable noise control regulations based on residential uses. STORMWATER Stormwater control would be evaluated as part of the building permit. ZPAC Memo – Prepared by Matt Asselmeier – July 30, 2024 Page 5 of 5 FINDINGS OF FACT-MAP AMENDMENT §13:07.F of the Zoning Ordinance outlines findings that the Zoning Board of Appeals must make in order to recommend in favor of the applicant on map amendment applications. They are listed below in italics. Staff has provided findings in bold below based on the recommendation: Existing uses of property within the general area of the property in question. The surrounding properties are used for agricultural purposes and single-family residential purposes. The Zoning classification of property within the general area of the property in question. The surrounding properties are zoned agricultural and some form of single-family residential. The suitability of the property in question for the uses permitted under the existing zoning classification. The property consists of a large wooded area and, due to its size, it is not eligible for residential uses without a map amendment. The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the day the property in question was in its present zoning classification. The Zoning Board of Appeals shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and is not solely for the interest of the applicant. The Zoning Board of Appeals may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of th is paragraph the R-1 District shall be considered the highest classification and the M-2 District shall be considered the lowest classification. The trend of development in the area is a mix of agricultural and single family residential. Consistency with the purpose and objectives of the Land Resource Management Plan and other adopted County or municipal plans and policies. The subject property is classified as Suburban Residential on the Future Land Use Map and the R-1 Zoning District is consistent with this land classification. RECOMMENDATION Staff recommends approval of the proposed map amendment. ATTACHMENTS 1. Application Materials 2. Zoning Plat Attachment 1, Page 1 Attachment 1, Page 2 Attachment 1, Page 3 Attachment 1, Page 4 Attachment 1, Page 5 Attachment 1, Page 6 Attachment 1, Page 7 Attachment 2