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Planning and Zoning Commission Packet 2024 10-09-24 PLANNING AND ZONING COMMISSION AGENDA Wednesday, October 9, 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: September 11, 2024 Citizen’s Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PZC 2024-19 Steve Weber, on behalf of PTS Corp. (contract lessee and petitioner) and Fort Smith FD Partners, LLC (owner), has applied to the United City of Yorkville, Kendall County, Illinois, for special use authorization to establish a cannabis dispensary within the B-3 General Business District on a 1.33-acre parcel at 1508 N. Bridge Street, located in the northeast quadrant of Veteran’s Parkway (U.S. Route 34) and N. Bridge Street. The petitioner is also seeking three variances to Section 10-4-14 of the Yorkville Unified Development Ordinance: 1) reducing the minimum distance between the dispensary and certain pre-existing institutions from 500 feet to 450 feet; 2) extending the permitted hours of operation to 9:00 a.m. to 9:00 p.m. Monday through Saturday, and 10:00 a.m. to 6:00 p.m. on Sundays; and 3) allowing more than one wall-mounted sign by adhering to the current signage regulations for similar B-3 businesses while complying with Illinois cannabis signage rules. Unfinished Business New Business 2. PZC 2024-19 Steve Weber, on behalf of PTS Corp. (contract lessee and petitioner) and Fort Smith FD Partners, LLC (owner), has applied to the United City of Yorkville, Kendall County, Illinois, for special use authorization to establish a cannabis dispensary within the B-3 General Business District on a 1.33-acre parcel at 1508 N. Bridge Street, located in the northeast quadrant of Veteran’s Parkway (U.S. Route 34) and N. Bridge Street. The petitioner is also seeking three variances to Section 10-4-14 of the Yorkville Unified Development Ordinance: 1) reducing the minimum distance between the dispensary and certain pre-existing institutions from 500 feet to 450 feet; 2) extending the permitted hours of operation to 9:00 a.m. to 9:00 p.m. Monday through Saturday, and 10:00 a.m. to 6:00 p.m. on Sundays; and 3) allowing more than one wall-mounted sign by adhering to the current signage regulations for similar B-3 businesses while complying with Illinois cannabis signage rules. Action Items Special Use and Variances United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us 1. PZC 2024-23 Kendall County Petition 24-26, Timothy A. Tremain, petitioner, is requesting an approval of a map amendment (rezoning) for 3.6 +/- acres located on the north side of River Road and approximately 0.75 miles from East Eldamain Road between 11327 and 11209 River Road from R-1 One-Family Residential District to R-3 One-Family Residential District. The purpose of the request is to construct a maximum of two (2) single-family houses. The real property is located immediately north of River Road and approximately 0.75 miles from East Eldamain Road in unincorporated Kendall County. Action Item 1.5 Mile Review 2. PZC 2024-24 Kendall County Petition 24-27, Steve W. Jeffers, on behalf of Revolution Investments, LLC, petitioners, are requesting approval of a Plat of Vacation to vacate the public easements between two (2) parcels (Lots 110 and 111) within the Whitetail Ridge subdivision. The purpose of the request is to construct a home in the center of the combined lots. The real property is located at 5862 and 5834 Championship Court, which is generally located at the north of the East Schoolhouse Road (IL Route 126) between Grove Road and Hopkins Road in unincorporated Kendall County. Action Item 1.5 Mile Review Additional Business 1. Appointment of new Vice Chair 2. City Council Action Updates a. 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 for a solar farm and requesting a variance to Section 10-4-13.B of the Unified Development Ordinance to reduce the required north and south property lines setback from 100 feet to 50 feet. Action Items Rezoning, Special Use, and Variance b. 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 c. 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 Adjournment DRAFT Page 1 of 5 PLANNING & ZONING COMMISSION City Council Chambers 651 Prairie Pointe Drive, Yorkville, IL Wednesday, September 11, 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 Danny Williams-yes, Ryan Forristall-yes, Rusty Hyett-yes, Greg Millen-yes, Richard Vinyard-yes Absent: Marge Linnane Chairman Vinyard asked for a moment of silence to remember those who died or were injured during the September 11th, 2001 event, 23 years ago. He also noted that the country came together at this time and he encouraged everyone to focus on what we all have in common, rather than our differences. City Staff Krysti Barksdale-Noble, Community Development Director Sara Mendez, Planner I Megan Lamb, City Attorney Other Guests Lynn Dubajic Kellogg, City Consultant Lauren Hillis, Atwell, LLC Chris Vitosh, Vitosh Reporting Service Leo Phillipp, Landowner Dan Kramer, Attorney Dan Nagel, Landowner Matt Asselmeier, Kendall County PBZ Justin Crable, Atwell, LLC Matt Walsh, Yorkville Renewables Previous Meeting Minutes August 14, 2024 Motion by Mr. Millen and second by Mr. Hyett to approve the minutes as presented. Roll call: Forristall-yes, Hyett-yes, Millen-yes, Vinyard-yes. Williams-yes. Carried 5-0. Citizen’s Comments None Public Hearings Chairman Vinyard explained the procedure for the Hearing and taking of the testimony and then swore in those persons who planned to present testimony during the Hearing. Page 2 of 5 Mr. Vinyard asked for a motion to open the Public Hearings. So moved and seconded by Mr. Williams and Mr. Forristall respectively, at approximately 7:04pm. Roll call: Forristall-yes, Hyett-yes, Millen-yes, Vinyard-yes, Williams-yes. Carried 5-0. Chairman Vinyard read both Public Hearing descriptions: 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 with 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. At approximately 7:39pm, after all testimony was heard, a motion was made by Mr. Williams and seconded by Mr. Forristall to close the Public Hearing. Roll call: Forristall-yes, Hyett-yes, Millen-yes, Vinyard-yes, Williams-yes. Carried 5-0. (See Court Reporter's transcript of Public Hearing) (Petitioner requested finding of fact and agreements from Illinois Solar to become part of official record for PZC 2024-01) Unfinished Business None New Business 1. PZC 2024-17 United City of Yorkville (see full description above) There was no discussion. Action Item Text Amendment A motion was made by Mr. Williams and seconded by Mr. Forristall to approve PZC 2024-17, Text Amendment. Mr. Williams read the motion as follows: 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 Page 3 of 5 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. Roll call: Hyett-yes, Millen-yes, Vinyard-yes, Williams-yes, Forristall-yes. Carried 5-0. 2. PZC 2024-01 Yorkville Renewables, LLC. (See full description above). Ms. Mendez presented a summary of this project and said the solar farm is proposed to be built on 23 acres at the SW corner of Galena Rd. and Rt. 47 and they are requesting rezoning from R-2 to A-1. The variance requested was clarified to be 100 feet to 50 feet on the north and south. She explained the setbacks requested had previously gone through a Plan Council meeting. There is a Memorandum of Understanding with the successor property owner and she also highlighted the remainder of the components of the petition. Chairman Vinyard said the Commission would vote on each request: rezoning, special use and variance. He then reviewed the zoning standards for each of those requests. A motion and second was made by Commissioners Williams and Millen, respectively, to approve PZC 2024-01Yorkville Renewables, rezoning, special use and variance request. Action Item Rezoning Mr. Williams read the motion as follows: 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 west of IL Route 47 (N. Bridge Street) and south of Galena Road. Roll call: Millen-yes, Vinyard-yes, Williams-yes, Forristall-yes, Hyett-yes. Carried 5-0. Action Item Special Use Mr. Williams read the motion as follows: 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 west of IL Route 47 (N. Bridge Street) and south of Galena Road subject to staff recommendations in a memo dated September 4, 2024. Roll call: Millen-yes, Vinyard-yes, Williams-yes, Forristall-yes, Hyett-yes. Carried 5-0. Page 4 of 5 Action Item Variance Mr. Williams read the motion as follows: 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 and south property lines setback from 100 feet to 50 feet. Roll call: Vinyard-yes, Williams-yes, Forristall-yes, Hyett-yes, Millen-yes. Carried 5-0. 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. Ms. Mendez presented a summary of this request saying Mr. Styrczula is requesting site plan approval for sales and storage to operate a trucking business. He is requesting approval for a map amendment from B-3 to M-1. The Kendall County Board has approved this. This is not consistent with the Yorkville Comprehensive Plan and could require a map amendment. She reviewed other components of the request. Ms. Mendez noted that at the May 7, 2024 EDC meeting, Attorney Dan Kramer clarified that only trailer sales would be conducted. This moves to the September 24th City Council meeting. Attorney Kramer gave some history of the property use over the years. He confirmed there are no plans for a trucking business and that about 40 trailers that had been rented and are on the property, will be removed. Action Item 1.5 Mile Review Mr. Vinyard requested a motion to approve PZC 2024-18 Kendall County Petition 24-07. Mr. Williams read the motion as follows: 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 not to object to the request. (No second). Roll call: Williams-yes, Forristall-yes, Hyett-yes, Millen-yes, Vinyard-yes. Carried 5-0. 4. PZC 2024-20 Kendall County Petition 24-22, Leo M. Phillipp 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. A summary of the request was given by Ms. Mendez who stated the property is 15 acres with a request to rezone 11.6 acres of the 15 acres from A-1 to R-1. She said several Page 5 of 5 zoning changes have occurred over the years. There is an existing home on the site already. She said there are differences in the bulk regulations for the city and county and it concerns density. If any future homes were clustered, it would be consistent with Yorkville's Comprehensive Plan. Input was requested and this will be brought forward to the September 24th City Council meeting. Action Item 1.5 Mile Review A motion was made and seconded by Mr. Williams and Mr. Hyett, respectively to approve PZC 2024-20 Kendall County Petition 24-22, Leo M. Phillipp. Mr. Williams read the motion as follows: In consideration of the proposed mile and half review of Kendall County Petition 24-22 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 not object to the request. Roll call: Forristall-yes, Hyett-yes, Millen-yes,Vinyard-yes, Williams-yes. Carried 5-0. Additional Business 1. City Council Action Updates a. PZC 2024-16 2551 N. Bridge St. Illinois Department of Transportation. The variance request was approved at a PZC meeting and forwarded to the City Council as an informational item. Ms. Noble said the Kelaka and Hagemann requests were approved at a prior City Council meeting, however, no update had been given to the PZC. In addition, Ms. Noble said PZC training will be given on November 13th, at 5pm, prior to the regular meeting that night. Chairman Vinyard noted that Commissioner Reagan Goins has resigned the Planning and Zoning Commission due to a possible conflict of interest with employment. Adjournment There was no further business and the meeting was adjourned at 8:12pm on a motion by Mr. Williams, seconded by Mr. Hyett and approved on a unanimous voice vote. Respectfully submitted by Marlys Young, Minute Taker 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC- Public Hearings - September 11, 2024 1 UNITED CITY OF YORKVILLE YORKVILLE, ILLINOIS PLANNING AND ZONING COMMISSION PUBLIC HEARING 651 Prairie Pointe Drive Yorkville, Illinois Wednesday, September 11, 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 - September 11, 2024 2 PRESENT: Mr. Rich Vinyard, Chairman, Mr. Danny Williams, Mr. Greg Millen, Mr. Rusty Hyett, Mr. Ryan Forristall. ALSO PRESENT: Ms. Krysti Barksdale-Noble, Community Development Director; Ms. Sara Mendez, Planner; Ms. Marlys Young, Minute Taker. APPEARANCES: OTTOSEN, DiNOLFO, HASENBALG & CASTALDO, LTD. BY: MS. MEGAN LAMB 1804 North Naper Boulevard, Suite 350 Naperville, Illinois 60563 (630) 682-0085 appeared on behalf of the United City of Yorkville. - - - - - 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 - September 11, 2024 3 I N D E X WITNESS:PAGE: Daniel J . Kramer 13 Matt Walsh 15 Dan Nagel 33 - - - - - 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 - September 11, 2024 4 (WHEREUPON, the following proceedings were had in public hearing:) CHAIRMAN VINYARD: There are two public hearings scheduled for tonight's Planning and Zoning Commission meeting. Of course, the purpose of these hearings is to invite testimony from members of the public regarding the proposed request that is being considered 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 asked to speak clearly, one at a time, and state your name and who you represent, if anyone. You are also asked to sign in at the podium. If you plan to speak during tonight's public hearing as a petitioner or as a member of the public, please stand, raise your right hand and repeat after me. (The witnesses were thereupon duly sworn.) 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 - September 11, 2024 5 CHAIRMAN VINYARD: Okay. So the order for receiving testimony during the public hearing will be as follows: The petitioner presentation, followed by those who wish to speak in favor of the request, and then those to speak in opposition of the request. May I have a motion to open the public hearing on Petitions number PZC 2024-17, United City of Yorkville requesting a text amendment of the UDO, and PZC 2024-0 1 , Yorkville Renewables, LLC, requesting rezoning, special use and variance approvals. MR. WILLIAMS: So moved. MR. FORRISTALL: Second. CHAIRMAN VINYARD: Roll call vote on the motion, please. MS. YOUNG: Yes. Forristall. MR. FORRISTALL: Yes. MS. YOUNG: Hyett. MR. HYETT: Yes. MS. YOUNG: Millen. MR. MILLEN: Yes. MS. YOUNG: Vinyard. CHAIRMAN VINYARD: 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 - September 11, 2024 6 MS. YOUNG: And Williams. MR. WILLIAMS: Yes. CHAIRMAN VINYARD: Okay. So the public hearings up for discussion tonight are as follows: PZC 2024-17, United City of Yorkville, as the petitioner is requesting a text amendment to the Chapter 8 of the 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 the Economic Incentives Development Agreement with the United City of Yorkville Unified Development Ordinance. And then PZC 2024-0 1 , Yorkville Renewables, LLC, contract lessee, Daniel A . and Charene S . Nagel, property owners, petitioners, have filed an application with the United City of Yorkville, Kendall County, requesting rezoning classification, special use authorization and bulk regulation variance approval. 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 - September 11, 2024 7 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 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 line setbacks from 50 feet to eight feet. Is the petitioner for PZC 2024-17, United City of Yorkville, ready to present? MS. NOBLE: I am. CHAIRMAN VINYARD: Awesome. MS. NOBLE. Okay. So this is the text amendment, so text amendments are changes to established ordinances that have been approved by 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 - September 11, 2024 8 the City and codified. So there is two main changes that we are proposing to Chapter 8 of the UDO, and that is, one is the clarification of the public hearing and mail notice requirements for annexation agreement requests, and the other is just a correction of additional inconsistencies and errors that staff found in Chapter 8 . So, if you recall, we adopted the UDO in January after several years of review. Chapter 8 has to deal with specifically processes and authorities of various development approvals, special uses, PUDs , variances, and also it defines the roles of the zoning administrator and zoning officer. So once we had our public hearing a few weeks -- I guess meetings ago for the Hagemann Trust annexation agreement, we found that there was a guidance table within the UDO that incorrectly required mailed public hearing notices to property owners within 500 feet seeking annexation. So the inconsistency was between the text and the graphic. The whole point of the UDO 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 - September 11, 2024 9 was to make minimal changes to the processes, but codify them and then create graphic tables that people can readily use, so we caused more confusion than we intended. So what we are planning to do, there is a series of 12 amendments that we are requesting. Most have to do with the annexation requirements that I have talked about; some don't have to do with that, just minor changes. I will go through them briefly and then we can discuss after the public hearing or if you have questions for me. So the first one is in regards to text amendments, which is what we are proposing tonight. We added the word text in Section 10-8 -2 to clarify that a text amendment does not require an application and can be initiated by the majority beneficiary of a land trust and the mayor or city staff or City Council, so that's not just an amendment, but a text amendment. Annexation, we provided the table in 10-8 -4 , and what we did was we clarified a variation can also be authorized by the Planning and Zoning Commission. That wasn't clear in the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC- Public Hearings - September 11, 2024 10 table before. We had one last meeting where it was a PZC authorized variance, so we made that clear. We also separated annexations from annexation agreements . Annexations do not require PZC approval, nor do they require a public hearing if they are not requesting rezoning or any other entitlement or if they are not requesting annexation agreement. An annexation agreement does require a public hearing, but the only notice goes to taxing bodies per another table, so we are just clarifying that. And then we found a couple of little grammatical errors; we revised the table to reflect this. Voluntary petitions, as I mentioned, for annexation do not include requests for zoning and variations per -- Illinois Municipal Code state statute says that there is no public hearing required. We also clarified that the plan council, which is a staff-level technical meeting, is an optional step and is determined by staff if that is required for rezonings, 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 - September 11, 2024 11 annexations and annexation agreements. The table that talks about the methods of notification, again, we created the other category of annexation agreements, clarified that, and we also clarified that the required notice for annexation agreements is only to the trustees , the fire protection district and township trustees and commission of highways if the land to be annexed includes a highway upon township jurisdiction. The other minor corrections have to do with recording of documents. We wanted to clarify that a map amendment or rezoning is the requirement for recordation, it just said amendments , so we wanted to clarify that. Amendments to subdivisions, we made a few amendments there on the processes. These are all processes that the City currently does, we just wanted to codify them and make sure that it matched throughout the UDO. And, finally, we did relook at the standards for map amendments, which is rezoning, and we wanted -- the City Attorney and I wanted to look at the standards, they are called LaSalle 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 - September 11, 2024 12 factors and Sinclair, they are based off of historic case law, and we decided to add that in. That was taken out as part of the UDO update, the two Sinclair factors, which has to do with if the request has a community need and the length of time that the property has been vacant, so we felt that that was important as a standard. If you have any questions about any of the other minor changes that have to do with spelling errors or duplication of information, let me know, I can go through those in further detail. CHAIRMAN VINYARD: Okay. Is there anyone present who wishes to speak in favor of the request? (No response.) CHAIRMAN VINYARD: Okay. Anyone present who wishes to speak in opposition of this request? (No response.) CHAIRMAN VINYARD: All right. Questions from the commissioners? Do you guys have anything? Looks like a lot of housekeeping. Anybody else? Greg? Rusty? Everyone good? 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 - September 11, 2024 13 (No response.) CHAIRMAN VINYARD: All right. Is the petitioner for PZC 2024-0 1 , Yorkville Renewables, LLC, ready to present? MR. KRAMER: We are. CHAIRMAN VINYARD: Very good, sir. DANIEL J . KRAMER, having been first duly sworn, testified from the podium as follows: MR. KRAMER: Good evening. My name is Daniel J . Kramer. I am an attorney licensed to practice law in the state of Illinois. My address is 1 107A South Bridge Street, Yorkville, Illinois. I represent the petitioner, Yorkville Renewables, and although Matt might not be a familiar face to you, his counterpart Matt Kwiatkowski was. We were here in front of you several months ago getting a project approved on Corneils Road for Nexamp, which is the parent company. I think, again, they are a great company for a couple reasons. It's appropriate, 9 -11, it was started by two veterans who 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 - September 11, 2024 14 still the owners of the company. They have a main office in Illinois here in Chicago with I believe over 8 0 employees, and the most important thing to me in the solar companies I represent, it's a little bit like the wild west with a lot of people out trying to get options and leases from farmers, but these folks build what they acquire as far as the land or leases if they are the owners, they operate it and they don't sell it, so you're going see Matt and his team throughout, and I think that means a lot for a community, and this is a community project, not a large solar farm. I don't see anybody in the audience, and I thought we might have a neighboring property owner who let us know they are going to object to it, I thought they would be here to give testimony tonight. They certainly don't have to be. But I want you to know that we are not stubborn or bull headed. When I found they had some concern, we contacted their attorney, we offered to meet. They said well, they would contact their client and see, but we have no idea other than they 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 - September 11, 2024 15 might just not like solar what their concern is, so I just want you to know that in the backd rop, full disclosure. I 'm not the expert in this, so I would call on Matt Walsh to do the presentation, and we do have technical people here, stormwater engineer and so on tonight if you've got questions along those lines. Happy to answer. CHAIRMAN VINYARD: Thank you. MR. KRAMER: Thanks. Matt ? CHAIRMAN VINYARD: Please. MATT WALSH, having been first duly sworn, testified from the podium as follows: MR. WALSH: Thanks, Dan. Matt Walsh. I am with Nexamp and here representing Yorkville Renewables, LLC, the petitioner. Thank you again for hearing our application tonight. It's been a long road to get here, I believe we started working on this project two years ago, and a lot of patience, but I think there's been a lot of great work that's been done on the project over the course of that time and I think we have a pretty good 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 - September 11, 2024 16 application for you to review. So next slide, please. Just a couple of things very appropriate for September 11th. We were founded in 2007. We had two -- our founders were two Army captains, came back from tours of duty following September 11th and felt like there is a lot of conflict over natural resources. They started this small solar company, started off focusing on small residential rooftop installations and quickly grew into the largest community solar developer in the country. Community solar projects are kind of in the 20 to 30-acre range in terms of size as opposed to utility scale projects, which are hundreds or even thousands of acres. Nexamp has a strong commitment to made in the USA. We just earlier this year had an announcement with a partnership we have with a manufacturer called Heliene that's located in Minnesota to purchase a very large volume of solar panels that will supply our projects into the future here, in addition to the iron and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC- Public Hearings - September 11, 2024 17 steel that the solar panels sit on in the field. We are getting U .S . made steel as well so that we can have a domestic supply chain supporting these projects producing jobs right here in the U .S .A ., including in Yorkville. Next slide, please. So again, one of the largest community solar developers. We have projects all the way from northern Maine all the way to Hawaii and every where in between. Chicago is our H Q 2 , second headquarters. First headquarters is in Boston, Massachusetts. In Illinois we are ramping up our employment, so we currently have now more than 100 employees in Illinois. We recently had an announcement with Governor Pritzker moving our headquarters here. We have committed to hiring -- creating 3 ,000 jobs and employing $2 billion of capital in the state of Illinois, so significant investment in the state creating a lot of jobs. Currently we are building 20 projects across the state -- or we have 20 projects that have been built and operating, we have 30 more that are currently in construction, 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 - September 11, 2024 18 and dozens and dozens more that are in various stages of permitting. Next slide, please. I know that you guys have heard community solar before, so I won't spends too much time on this slide, but the general idea is that the benefits that rooftop solar owners get saving money on their electric bill, this is an opportunity for folks that can't put solar on their roof, like for structural reasons, shading reasons, their H O A doesn't allow solar on their roof, this is an opportunity that we aggregate a fair number of panels into one centralized location, people subscribe to it, and then those credits that are generated by this are applied to their electric bill and reduces their energy costs, so there is a huge demand for this product, it's saving people money and supporting renewable energy. Next slide, please. This is a couple pieces of equipment that you will see, so at the center of the site we have an equipment pad that has a utility transformer, a couple of inverters, a switch gear, and some remote monitoring equipment. Below the solar panels, in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC- Public Hearings - September 11, 2024 19 compliance with recommendations of IDNR and the village of Yorkville's solar ordinance -- or the City of Yorkville's solar ordinance, we will have pollinators below the solar panels, and then on the right, of course, what a solar panel looks like, and in this case we will not be using a farm fence, it will be a chain link fence with opaque slats so that it's not visible through the fence. Next slide, please. We will have a camera at the center of the site so we can remotely monitor the facility. There will be no lighting, so when the facility is not operating at nighttime, there is no noise, no movement, but we do have eyes on the project. And then, again, the last thing is the solar panels sit on metal I -beams that are pushed into the ground and there is what we call racking, which is essentially just a bar that goes in between the metal I -beams that hold the solar panels up. This is a tracking system, so it does rotate very slowly throughout the day tracking the sun. Next slide, 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 - September 11, 2024 20 Just a couple of local projects. This is the one that's in the village of Burlington. This is a 16-acre project that serves nearly 400 people. Really good example of pollinators, especially in the early stages, here starting to see them flower under the solar system. If you ever get a chance to go up to Burlington, you will probably drive right by it because it's tucked back in the corner of the site and you probably don't really see it. There is landscaping that surrounds the perimeter, so very similar to what we are talking about here in Yorkville. Next slide, please. This is one that's in Will County. This one is not a pollinator site, Will County p refers to have grass under their panels, so that's what this represents, but, again, does have some landscaping around the perimeter to provide some screening. Next slide, please. So just to dive into our project here, give you a little context, the project is located at the southwest corner of Galena Road and Route 47, so north side of the City of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC- Public Hearings - September 11, 2024 21 Yorkville, kind of kitty-corner to Raging Waves. Next slide, please. So this is z ooming in much closer so you can see Raging Waves down in the lower right corner, and then we are looking at a site that's approximately 73 acres, with the solar system tucked into the back more than 1 ,000 feet from Galena Road or Route 47 preserving the frontage of the property for future commercial development or residential development, however the landowner determines his best use, obviously with input of the City. MR. KRAMER: Can I interrupt, Matt, for one minute? MR. WALSH: Sure. MR. KRAMER: Matt , if you would clarify for the Planning Commission, does the red outline comprise the Nagel holding? MR. WALSH: Correct. So the red outline is the entire property boundary, the yellow outline is the outline of the solar area. MR. KRAMER: Thank you very much, just for clarity of the record, please. MR. WALSH: Yep. Thank you. The solar 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 - September 11, 2024 22 area would be approximately 23 acres of the 73-acre parcel. What you will see is on the west side and north side of the property and even enc roaching into the Nagel property is a landscaping recycling facility, so we kind of feel like this is a really good location that provides some buffering between a dusty facility that might not be conducive to have residential use directly adjacent to it, but with that buffering, we don't really care what our neighbors are doing as long as they're not disturbing our facility, but outside of the solar facility, you know, I think it would be a good buffer for residential use or commercial use along the frontage of one of those major roads. Our driveway -- well, wait until we go to the next slide. Just real quick, this is a five megawatt project, and our agreement with the landowner is for this project to last between 30 and 40 years, so in a sense it's a temporary use because it will be removed, there will be a decommissioning bond. There is requirements both from the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC- Public Hearings - September 11, 2024 23 state and from the city to remove this project at the end of its life, but it is for a long-term period. Next slide. Over the course of the last two years we have done quite a bit of due diligence, we have executed a lease, we have completed surveys, completed our studies with the utility. We now have an interconnection agreement and ComEd is procuring materials to offer interconnection to the project. We have received sign-off from the state Historic Preservation Office, the IDNR for endangered species. We have had a wetland delineation completed and subsequently a jurisdictional determination from the Army Corps for the wetlands that were discovered on-site. We've had FAA sign-off, we have completed drain tile investigations, geotechnical investigation. We've had initial sign-off from the Rob Roy Drainage District, we are progressing to kind of a final sign-off, and we are still pending IDOT driveway permit for a little stub road for IDOT -- or for ComEd to be able to enter along Route 47. 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 - September 11, 2024 24 Through this process also we have been able to work with Dan Nagel and his neighbors to kind of clean up the recycling center that's been encroaching on his property to try to clean up the area a little bit. We have been identifying property lines and helping with unwinding simple PUDs that kind of allow more development in the area by completing that, so a long process that I think is beneficial. We won't take credit for doing it, but for participating in that process and allowing some more development opportunities to be unlocked in this area. Next slide, please. So this is the site plan. There is an existing asphalt grinding road that goes from Galena Road down to the project area. We will be upgrading that with a gravel driveway. That leads to the center of the site, which is where the equipment pad is. The inverters, transformers and everything will be kind of tucked into -- I kind of call this the boot, the shape of the property. It will kind of be in the toe of the boot there. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC- Public Hearings - September 11, 2024 25 What we are asking for is a variance. Initially when we had applied two years ago the setbacks were eight feet from the property lines. The zoning ordinance has been updated that requires 50-foot setbacks from the west property line, 100-foot setbacks from the north and south property lines. We are requesting that be reduced to 50 feet, so we are far in excess of the original requirement that we had initially applied under, but less than what the zoning ordinance now requires, but we are -- go ahead. MS. NOBLE: I 'm sorry, can you specify which boundaries you are requesting the reduction to 50 feet? MR. WALSH: The entire northern property line that abuts the Undesser property and the entire southern property line that abuts the Tequila Sunrise, LLC property. MS. NOBLE: Thank you. MR. WALSH: Is that -- Okay. All right. Through this process we have advanced the plans far beyond what's required of the special use, so we are approaching what we would consider almost 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC- Public Hearings - September 11, 2024 26 construction civil plans, so we have been working closely with city staff and EEI, your civil engineering consultant, and the landscape consultant to finalize the design of the project. We are very close. There is a few landscaping requirements that we need to address and a few other odds and ends, but I think we are at a place where everyone is pretty satisfied where the project has been designed in terms of compliance with the code. We have had review from the police department, the KDOT, Kendall County DOT, for their jurisdiction over Galena Road. They've approved the access point and we are now just awaiting IDOT approval of our small access road. It doesn't go all the way to the solar farm, but it's a little stub that allows ComEd to park a car off of 47 rather than on the shoulder so that they can get out and read the meter. So our project will have all underground electric lines except for a couple poles that will be a long 47 that will allow ComEd to interconnect our project with their grid, s 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 - September 11, 2024 27 with those poles, one of the poles will host a meter which they need to read on a monthly basis. Next slide, please. And then quickly just the landscape plan. This project has pretty substantial landscaping, so along the north, south and east property -- east fence lines there is substantial landscaping screening the project from all the neighboring uses that are either residential or a main thoroughfare. Again, the perimeter fence is going to be opaque. It's a chain link fence with slats in it, so the site will -- it won't be invisible, but it will be screened and the view will be improved. Underneath the solar panels, again, there is going to be pollinator -- a beta pollinator mix that will enhance habitat, and then along the Route 47 property boundary and the Galena Road property boundary, if you scroll just a little bit, is some parkway trees that are required by the code that will be installed as well. Next slide. And then to kind of close it out, 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 - September 11, 2024 28 just a couple of pictures for viewsheds, so this is the current view looking west on Route 47, right on Route 47 looking towards the project. If you look real hard, you can maybe see the landscape facility that has 60-foot high piles of dirt. Our solar panels -- well, we are asking for approval for up to 20 feet. The product that we are planning to use is about -- the top of the solar panel is about 12 feet high, so if you can't see a 60-foot pile of dirt in this picture, it's going to be hard to see a 12-foot solar panel. Next slide, please. And then we did a couple of photo simulations, so this is looking from the Raging Waves parking lot. This is the before picture. If you go to the next slide, this is the after picture, so hard to really see anything from the parking lot, but there are landscape trees that are added here that are barely visible. Next slide, please. And then this is the existing access point that we will be utilizing for the new access point. Again, can kind of make out the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC- Public Hearings - September 11, 2024 29 hills in the background that comprise the landscape facility, but very difficult to make that out from Galena Road or the adjacent residential properties that are here along Galena Road. Next slide, please. This is the before picture, next slide, this is the after, so you can see some landscape screening that's along the property boundary, and then the top of the solar panels when they are at full tilt, you will see just above the fence until the landscape fully grows in. Next slide. And then I just wanted to touch on decommissioning really quickly. So we have executed an agricultural impact mitigation agreement with the Illinois Department of Agriculture that requires us to take certain steps to design the project to easily remove it at the end of its life, and we are also required to post a bond, which is also a requirement of Yorkville, so we have submitted a decommissioning estimate that has been reviewed by EEI. It's significant and it will require us to remove everything and ensure funds are in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC- Public Hearings - September 11, 2024 30 place that everything is removed. And just in terms of just some basic deconstructing and construction items that Nexamp is pretty proud of, we are -- we have supplemented a recycling program so 100 percent of -- during construction inevitably some solar panels break, we recycle those. They are put on pallets and shipped to a warehouse. Once we have a critical mass of them we send them to a recycling center that's in the St. Louis area that will -- that takes them apart and harvests all the recoverable pieces on them. We will have three dumpsters out there, one that's for pallets, one that's for metal pieces and then one that's for plastics, so we are trying to recycle as much as possible. Our waste bin is probably the smallest dumpster that has the least amount of activity in it, but we are taking steps to make sure that we are trying to do right by the environment recycling everything possible. I think with that, that's the end of our presentation. MR. KRAMER: If I may, just briefly, 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 - September 11, 2024 31 again, for the record, Dan Kramer. That's my favorite slide that they show during the presentation, and again, you can view it at sites that that's what they do, it's not just a pretty picture. I can't stress enough as well, the last slide when Matt mentioned the AIMA agreement, you can really tell a good solar company that comes before you from a bad one because we actually see a lot of proposed leases and options come in without mentioning that there will be an AIMA agreement, and that's absolutely crucial because the landowner here, Dan Nagel, I can take a ride back in history a bit, when I was a green young lawyer, his dad and his uncle owned a dairy farm where I grew up right next door that I used to hunt on, and Dan and his dad hired me to do my first zoning project 47 years ago with the city of Batavia. I think we sold or they sold and I did the zoning for Metronet for high speed internet service in Batavia about five years ago, so it took about 42 years to finish it out, but it was a good project, and I hope Dan lives 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 - September 11, 2024 32 another 40 years to see the end of this lease. If not, he's got some nice kids. So, again, if there is no other public testimony tonight, I would ask that you close the public hearing tonight, it's not quite what I expected, and I will comment on Tequila to the south has been in contact with us from day one working on getting rid of the old PUD and they are fully in support of us, so we have no problems with them whatsoever, so thank you for your time, and if you would close the public hearing, I am great with that. MS. NOBLE: So, Dan, do you want the -- CHAIRMAN VINYARD: Finding of facts? MS. NOBLE: Yeah, your finding of facts for each of the applications submitted into the record? MR. KRAMER: We would, please. Thank you, Krysti. CHAIRMAN VINYARD: Is there anyone here that wishes to speak in favor of the request? MR. KRAMER: Dan, if you want to pipe up you are in favor. CHAIRMAN VINYARD: I assumed you were. 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 - September 11, 2024 33 DAN NAGEL, having been first duly sworn, testified from the podium as follows: MR. NAGEL: Dan Nagel, owner of the property that they are going through. I think it's a very good offer for the c ity because of the housing that could be proposed up against the land area, so I think that's one of the reasons why I looked at it. I said it would be better suited there to give a good buffer because it's about 1 ,000 feet away from any houses and the rest of it, so that I think is a very good use of land. The pollinators, we need that for agricultural, we have farms up by Sugar Grove, so, anyway, this is not Dan and I 's first go-around, so anyway, that's about all I can say. Thank you. CHAIRMAN VINYARD: Thank you, sir. MR. NAGEL: Appreciate a positive vote. MR. KRAMER: I hate to keep popping up, but could we make part of the record a publication on AIMA agreements for Illinois solar? I think that would be useful. I will 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC- Public Hearings - September 11, 2024 34 pass it to the court reporter. I promise that's the last time. Thank you. CHAIRMAN VINYARD: That's all right. Is there anyone present that wishes to speak in opposition of the request? (No response.) CHAIRMAN VINYARD: We did receive a protest to this, everybody got a copy of it. You guys all take a look at it. Do you have any questions about that? This is -- very inexperienced when it comes to this last minute here, so this will be the time for us to ask the questions for it. MR. WILLIAMS: Did they give any indication as to why they were protesting? MS. NOBLE: We just received the letter. MR. WILLIAMS: Okay. That was my main concern, is it says they are in protest, but gave no reasoning behind it. CHAIRMAN VINYARD: Sure. I guess if they were really against it, they probably would have showed up. Okay. Just wanted everyone to be aware 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 - September 11, 2024 35 that we did have one last minute, so, okay. Do you guys have any questions for the presenter? MR. WILLIAMS: My only real question was do you have any plans to expand? I know that was quite a large piece of land. Are you planning on just keeping the initial 22 acres? MR. WALSH: Yeah, we have no intention of expanding this one; in fact, our agreement with the landowner exclusively requires us to stay in that area of the property. Much like some of the wishes of the county and the setbacks that are required of a thousand feet, the landowner also wishes to preserve his frontage for future commercial development, so we not only don't have intention of expanding, but are unable to. MR. WILLIAMS: Makes sense. Thank you. CHAIRMAN VINYARD: Anybody else have questions? MS. LAMB: Might I ask a question? CHAIRMAN VINYARD: Please. MS. LAMB: Hello, everybody. I am the C ity attorney. I work with Kathy Orr, by the way. 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 - September 11, 2024 36 Matt, did you receive a copy of the protest or did just Kramer's office receive a copy? MR. WALSH: I haven't received one. MS. LAMB: Okay. MR. WALSH: Candidly, I haven't been in our office today. I was there yesterday, nothing came in the mail, so I have not been made aware of any protest. MS. LAMB: All right. Then I would like to note that we should follow up on that because the UDO requires a protest be served both on the applicant and the applicant's attorney, so it's just something for us to follow up on. MS. NOBLE: On the letter itself it says it was sent to Christopher Clark in your office. MR. WALSH: Yeah, that's our chief development officer. I spoke to him on the way here, he did not mention anything about a protest that had come through. MS. NOBLE: Okay. Thank you. CHAIRMAN VINYARD: Anything else? MS. LAMB: That is all. CHAIRMAN VINYARD: Okay. Awesome. 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 - September 11, 2024 37 Since all public testimony regarding this petition has been taken, may I have a motion to close the taking of testimony in this public hearing? MR. WILLIAMS: So moved. MR. FORRISTALL: Second. CHAIRMAN VINYARD: Roll call vote on the motion, please. MS. YOUNG: Forristall. MR. FORRISTALL: Yes. MS. YOUNG: Hyett. MR. HYETT: Yes. MS. YOUNG: Millen. MR. MILLEN: Yes. MS. YOUNG: Vinyard. CHAIRMAN VINYARD: Yes. MS. YOUNG: And Williams. MR. WILLIAMS: Yes. CHAIRMAN VINYARD: The public hearing portion of tonight's meeting is now closed. (Which were all the proceedings had in the public hearing portion of the meeting, concluding at 7 :41 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 - September 11, 2024 38 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 39, 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 - September 11, 2024 39 I further certify that my certificate attached hereto applies to the original transcript and copies thereof signed and certified under my hand only. I assume no responsibility for the accuracy of any reproduced copies not made under my control or direction. IN WITNESS WHEREOF, I do hereunto set my hand at Leland, Illinois, this 18th day of September, 2024. __________________________________ CHRISTINE M. VITOSH, C.S.R. Certificate No. 084-02883 /s/ 0 084-02883 [1] - 39:13 1 1 [1] - 38:11 1,000 [2] - 21:7, 33:11 10-4-13.B [1] - 7:14 10-8-2 [1] - 9:16 10-8-4 [1] - 9:22 10-8-5 [1] - 7:10 100 [2] - 17:14, 30:5 100-foot [1] - 25:6 11 [1] - 1:21 1107A [1] - 13:13 11th [2] - 16:4, 16:7 12 [2] - 9:6, 28:10 12-foot [1] - 28:13 13 [1] - 3:3 15 [1] - 3:4 16-acre [1] - 20:3 1804 [1] - 2:16 18th [1] - 39:8 2 2 [1] - 17:18 20 [4] - 16:15, 17:21, 17:22, 28:8 2007 [1] - 16:5 2024 [2] - 1:21, 39:9 2024-01 [3] - 5:10, 6:18, 13:3 2024-17 [3] - 5:8, 6:5, 7:18 22 [1] - 35:6 23 [1] - 22:1 3 3,000 [1] - 17:17 30 [2] - 17:24, 22:20 30-acre [1] - 16:15 33 [1] - 3:5 350 [1] - 2:16 39 [1] - 38:11 4 40 [2] - 22:21, 32:1 400 [1] - 20:4 42 [1] - 31:23 47 [10] - 7:3, 20:24, 21:8, 23:24, 26:18, 26:23, 27:19, 28:2, 28:3, 31:18 5 50 [3] - 7:16, 25:9, 25:15 50-foot [1] - 25:5 500 [1] - 8:21 6 60-foot [2] - 28:5, 28:11 60563 [1] - 2:17 630 [1] - 2:17 651 [1] - 1:17 682-0085 [1] - 2:17 7 73 [1] - 21:6 73-acre [1] - 22:2 7:00 [1] - 1:22 7:41 [1] - 37:23 8 8 [4] - 6:7, 8:3, 8:8, 8:11 80 [1] - 14:3 9 9-11 [1] - 13:24 A A-1 [1] - 7:6 able [2] - 23:23, 24:2 absolutely [1] - 31:12 abuts [2] - 25:17, 25:18 access [4] - 26:14, 26:15, 28:22, 28:24 accuracy [1] - 39:5 acquire [1] - 14:8 acres [4] - 16:17, 21:6, 22:1, 35:6 action [1] - 38:24 activity [1] - 30:19 add [1] - 12:2 added [2] - 9:15, 28:20 addition [1] - 16:24 additional [1] - 8:7 address [2] - 13:13, 26:6 adjacent [2] - 22:10, 29:3 administrator [1] - 8:14 adopted [1] - 8:9 advanced [1] - 25:22 aggregate [1] - 18:11 ago [6] - 8:17, 13:19, 15:21, 25:3, 31:18, 31:22 Agreement [1] - 6:15 agreement [10] - 8:6, 8:18, 10:9, 10:10, 22:19, 23:9, 29:16, 31:8, 31:12, 35:8 agreements [6] - 6:14, 10:5, 11:1, 11:4, 11:6, 33:23 agricultural [2] - 29:15, 33:15 Agricultural [1] - 7:7 Agriculture [1] - 29:17 ahead [1] - 25:12 aided [1] - 38:14 AIMA [3] - 31:7, 31:12, 33:23 allow [3] - 18:10, 24:8, 26:23 allowing [1] - 24:13 allows [1] - 26:17 almost [1] - 25:24 ALSO [1] - 2:8 amendment [8] - 5:10, 6:6, 6:10, 7:23, 9:16, 9:20, 11:13 amendments [8] - 6:14, 7:23, 9:6, 9:14, 11:15, 11:16, 11:17, 11:22 amount [1] - 30:18 AND [1] - 1:10 annexation [13] - 6:14, 8:6, 8:18, 8:22, 9:7, 9:21, 10:5, 10:9, 10:10, 10:17, 11:1, 11:4, 11:6 annexations [4] - 6:14, 10:4, 10:5, 11:1 annexed [1] - 11:9 announcement [2] - 16:20, 17:15 answer [1] - 15:8 anyway [2] - 33:16, 33:17 apart [1] - 30:11 APPEARANCES [1] - 2:14 appeared [1] - 2:18 applicant [1] - 36:13 applicant's [1] - 36:13 application [5] - 6:11, 6:21, 9:17, 15:19, 16:1 applications [1] - 32:16 applied [3] - 18:14, 25:2, 25:10 applies [1] - 39:2 appreciate [1] - 33:20 approaching [1] - 25:24 appropriate [2] - 13:23, 16:4 approval [6] - 6:24, 7:5, 7:9, 10:6, 26:15, 28:8 Approval [1] - 6:7 approvals [2] - 5:12, 8:12 approved [3] - 7:24, 13:19, 26:14 area [9] - 21:21, 22:1, 24:5, 24:8, 24:14, 24:17, 30:10, 33:8, 35:10 Army [2] - 16:6, 23:15 asphalt [1] - 24:16 assume [1] - 39:4 assumed [1] - 32:24 attached [1] - 39:2 Attorney [1] - 11:23 attorney [6] - 13:11, 14:22, 35:23, 36:13, 38:21, 38:22 audience [1] - 14:14 authorities [1] - 8:12 authorization [1] - 6:23 authorized [2] - 9:23, 10:2 awaiting [1] - 26:15 aware [2] - 34:24, 36:8 Awesome [1] - 7:21 awesome [1] - 36:24 B backdrop [1] - 15:2 background [1] - 29:1 bad [1] - 31:9 bar [1] - 19:19 barely [1] - 28:20 Barksdale [1] - 2:9 Barksdale-Noble [1] - 2:9 based [1] - 12:1 basic [1] - 30:2 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 11, 2024 1 basis [1] - 27:2 Batavia [2] - 31:19, 31:22 beams [2] - 19:17, 19:20 behalf [1] - 2:18 behind [1] - 34:20 below [2] - 18:24, 19:4 beneficial [1] - 24:10 beneficiary [1] - 9:18 benefits [1] - 18:6 best [1] - 21:11 beta [1] - 27:17 better [1] - 33:9 between [5] - 8:23, 17:9, 19:20, 22:8, 22:20 beyond [1] - 25:23 bill [2] - 18:7, 18:15 billion [1] - 17:18 bin [1] - 30:17 bit [5] - 14:5, 23:5, 24:5, 27:21, 31:14 board [1] - 6:12 bodies [1] - 10:12 bond [2] - 22:23, 29:20 boot [2] - 24:23, 24:24 Boston [1] - 17:11 Boulevard [1] - 2:16 boundaries [1] - 25:14 boundary [4] - 21:20, 27:19, 27:20, 29:9 break [1] - 30:7 Bridge [1] - 13:13 briefly [2] - 9:10, 30:24 buffer [2] - 22:15, 33:10 buffering [2] - 22:8, 22:11 build [1] - 14:7 building [1] - 17:21 built [1] - 17:23 bulk [2] - 6:24, 7:13 bull [1] - 14:20 Burlington [2] - 20:3, 20:9 BY [1] - 2:16 C C.S.R [1] - 39:13 camera [1] - 19:10 candidly [1] - 36:6 capital [1] - 17:18 captains [1] - 16:6 car [1] - 26:18 care [1] - 22:11 case [2] - 12:2, 19:6 CASTALDO [1] - 2:15 category [1] - 11:4 caused [1] - 9:3 center [5] - 18:20, 19:10, 24:4, 24:19, 30:10 centralized [1] - 18:12 certain [1] - 29:17 certainly [1] - 14:18 certificate [1] - 39:1 Certificate [1] - 39:13 Certified [1] - 38:3 certified [1] - 39:4 certify [2] - 38:5, 39:1 chain [3] - 17:3, 19:7, 27:12 Chairman [1] - 2:2 CHAIRMAN [27] - 4:4, 5:1, 5:15, 5:24, 6:3, 7:21, 12:13, 12:17, 12:21, 13:2, 13:6, 15:9, 15:11, 32:14, 32:20, 32:24, 33:19, 34:4, 34:8, 34:21, 35:18, 35:21, 36:22, 36:24, 37:7, 37:16, 37:19 chance [1] - 20:8 changes [5] - 7:23, 8:2, 9:1, 9:9, 12:9 Chapter [4] - 6:7, 8:3, 8:8, 8:11 Charene [1] - 6:20 Chicago [2] - 14:2, 17:10 chief [1] - 36:17 CHRISTINE [2] - 38:3, 39:13 Christopher [1] - 36:16 city [5] - 9:19, 23:1, 26:2, 31:19, 33:6 CITY [1] - 1:6 City [15] - 2:18, 5:9, 6:5, 6:8, 6:16, 6:21, 7:19, 8:1, 9:19, 11:18, 11:23, 19:3, 20:24, 21:12, 35:23 civil [2] - 26:1, 26:2 clarification [1] - 8:4 clarified [4] - 9:22, 10:21, 11:5 clarify [5] - 6:11, 9:16, 11:13, 11:15, 21:16 clarifying [1] - 10:13 clarity [1] - 21:23 Clark [1] - 36:16 classification [1] - 6:23 clean [2] - 24:3, 24:5 clear [2] - 9:24, 10:3 clearly [1] - 4:16 client [1] - 14:23 close [5] - 26:5, 27:24, 32:5, 32:11, 37:3 closed [1] - 37:20 closely [1] - 26:2 closer [1] - 21:3 Code [1] - 10:19 code [2] - 26:10, 27:22 codified [1] - 8:1 codify [2] - 9:2, 11:19 ComEd [4] - 23:9, 23:23, 26:18, 26:23 commencement [1] - 38:6 comment [1] - 32:6 commercial [3] - 21:9, 22:15, 35:14 COMMISSION [1] - 1:10 Commission [3] - 4:6, 9:24, 21:17 commission [3] - 4:9, 6:12, 11:8 commissioners [1] - 12:22 commitment [1] - 16:18 committed [1] - 17:17 community [7] - 12:5, 14:12, 16:12, 16:14, 17:7, 18:4 Community [1] - 2:9 companies [1] - 14:4 company [5] - 13:21, 13:23, 14:1, 16:10, 31:9 completed [4] - 23:7, 23:14, 23:18 completing [1] - 24:9 compliance [2] - 19:1, 26:10 comprise [2] - 21:18, 29:1 computer [1] - 38:14 computer-aided [1] - 38:14 concern [3] - 14:21, 15:1, 34:19 concerning [1] - 38:8 concluding [1] - 37:23 conducive [1] - 22:9 conflict [1] - 16:8 confusion [1] - 9:4 consider [1] - 25:24 considered [1] - 4:9 constitutes [1] - 38:15 construction [4] - 17:24, 26:1, 30:3, 30:6 consultant [2] - 26:3, 26:4 contact [2] - 14:23, 32:7 contacted [1] - 14:22 context [1] - 20:22 contract [1] - 6:19 control [1] - 39:6 copies [2] - 39:3, 39:6 copy [3] - 34:9, 36:1, 36:3 Corneils [1] - 13:20 corner [5] - 7:2, 20:10, 20:23, 21:1, 21:5 Corps [1] - 23:15 correct [1] - 21:19 correction [1] - 8:7 corrections [1] - 11:11 costs [1] - 18:16 Council [1] - 9:19 council [1] - 10:22 counsel [2] - 38:21, 38:22 counterpart [1] - 13:17 country [1] - 16:13 County [4] - 6:22, 20:15, 20:16, 26:12 county [1] - 35:12 COUNTY [1] - 38:2 couple [9] - 10:14, 13:23, 16:3, 18:19, 18:22, 20:1, 26:22, 28:1, 28:14 course [4] - 4:6, 15:23, 19:5, 23:4 court [1] - 34:1 create [1] - 9:2 created [1] - 11:3 creating [2] - 17:17, 17:20 credit [1] - 24:11 credits [1] - 18:14 critical [1] - 30:9 crucial [1] - 31:13 current [1] - 28:2 D dad [2] - 31:15, 31:17 dairy [1] - 31:16 DAN [1] - 33:1 Dan [11] - 3:5, 15:15, 24:2, 31:1, 31:13, 31:17, 31:24, 32:13, 32:22, 33:4, 33:16 DANIEL [1] - 13:7 Daniel [3] - 3:3, 6:19, 13:11 Danny [1] - 2:3 deal [1] - 8:11 decided [1] - 12:2 decommissioning [3] - 22:23, 29:14, 29:21 deconstructing [1] - 30:3 defines [1] - 8:14 delineation [1] - 23:14 demand [1] - 18:16 Department [1] - 29:16 department [1] - 26:12 design [2] - 26:4, 29:18 designed [1] - 26:9 detail [1] - 12:12 determination [1] - 23:15 determined [1] - 10:23 determines [1] - 21:11 developer [1] - 16:12 developers [1] - 17:7 development [7] - 8:12, 21:9, 21:10, 24:8, 24:13, 35:15, 36:18 Development [6] - 2:10, 6:9, 6:15, 6:17, 7:10, 7:14 difficult [1] - 29:2 diligence [1] - 23:6 DiNOLFO [1] - 2:15 direction [2] - 38:15, 39:6 directly [2] - 22:10, 38:23 Director [1] - 2:10 dirt [2] - 28:6, 28:11 disclosure [1] - 15:3 discovered [1] - 23:16 discuss [1] - 9:11 discussion [1] - 6:4 district [1] - 11:7 District [3] - 7:6, 7:7, 23:20 disturbing [1] - 22:13 dive [1] - 20:21 documents [1] - 11:12 domestic [1] - 17:3 done [2] - 15:23, 23:5 door [1] - 31:16 DOT [1] - 26:12 down [2] - 21:4, 24:17 dozens [2] - 18:1 drain [1] - 23:18 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 11, 2024 2 Drainage [1] - 23:20 drive [1] - 20:9 Drive [1] - 1:17 driveway [3] - 22:17, 23:22, 24:18 due [1] - 23:5 duly [5] - 4:23, 13:8, 15:13, 33:2, 38:7 dumpster [1] - 30:18 dumpsters [1] - 30:13 duplication [1] - 12:10 during [4] - 4:19, 5:2, 30:6, 31:2 dusty [1] - 22:8 duty [1] - 16:6 E early [1] - 20:5 easily [1] - 29:18 east [2] - 27:6, 27:7 Economic [1] - 6:15 EEI [2] - 26:2, 29:22 eight [2] - 7:17, 25:3 either [1] - 27:9 electric [3] - 18:7, 18:15, 26:22 employee [2] - 38:20, 38:21 employees [2] - 14:3, 17:14 employing [1] - 17:18 employment [1] - 17:13 encroaching [2] - 22:5, 24:4 end [4] - 23:2, 29:19, 30:22, 32:1 endangered [1] - 23:13 ends [1] - 26:7 energy [2] - 18:15, 18:18 engineer [1] - 15:7 engineering [1] - 26:3 enhance [1] - 27:18 ensure [1] - 29:24 enter [1] - 23:23 entire [3] - 21:20, 25:16, 25:18 entitlement [1] - 10:8 environment [1] - 30:21 equipment [4] - 18:19, 18:21, 18:23, 24:20 errors [3] - 8:8, 10:15, 12:10 especially [1] - 20:5 essentially [1] - 19:19 established [1] - 7:24 estimate [1] - 29:22 evening [1] - 13:10 everywhere [1] - 17:9 example [1] - 20:4 except [1] - 26:22 excess [1] - 25:9 exclusively [1] - 35:9 executed [2] - 23:6, 29:15 existing [2] - 24:16, 28:22 expand [1] - 35:4 expanding [2] - 35:8, 35:16 expected [1] - 32:6 expert [1] - 15:4 eyes [1] - 19:14 F FAA [1] - 23:17 face [1] - 13:17 facility [8] - 19:12, 19:13, 22:6, 22:8, 22:13, 22:14, 28:5, 29:2 fact [1] - 35:8 factors [2] - 12:1, 12:4 facts [2] - 32:14, 32:15 fair [1] - 18:12 familiar [1] - 13:17 Family [1] - 7:5 far [3] - 14:8, 25:9, 25:23 farm [5] - 7:11, 14:13, 19:7, 26:17, 31:16 farmers [1] - 14:7 farms [1] - 33:15 favor [4] - 5:4, 12:14, 32:21, 32:23 favorite [1] - 31:2 feet [11] - 7:16, 7:17, 8:21, 21:7, 25:3, 25:9, 25:15, 28:8, 28:10, 33:11, 35:13 felt [2] - 12:7, 16:7 fence [7] - 19:7, 19:9, 27:7, 27:11, 27:12, 29:11 few [4] - 8:17, 11:17, 26:5, 26:7 field [1] - 17:1 filed [1] - 6:21 final [1] - 23:21 finalize [1] - 26:4 finally [1] - 11:21 finish [1] - 31:23 fire [1] - 11:7 first [7] - 9:13, 13:8, 15:13, 17:11, 31:18, 33:2, 33:16 five [2] - 22:19, 31:22 flower [1] - 20:6 focusing [1] - 16:10 folks [2] - 14:7, 18:8 follow [2] - 36:11, 36:14 followed [1] - 5:4 following [2] - 4:1, 16:7 follows [5] - 5:3, 6:5, 13:9, 15:14, 33:3 foregoing [1] - 38:10 Forristall [3] - 2:6, 5:17, 37:9 FORRISTALL [4] - 5:14, 5:18, 37:6, 37:10 founded [1] - 16:4 founders [1] - 16:5 front [1] - 13:18 frontage [3] - 21:8, 22:16, 35:14 full [2] - 15:3, 29:10 fully [2] - 29:11, 32:9 funds [1] - 29:24 future [3] - 16:24, 21:9, 35:14 G Galena [8] - 7:2, 20:23, 21:8, 24:17, 26:13, 27:20, 29:3, 29:4 gear [1] - 18:23 general [2] - 6:11, 18:5 generated [1] - 18:14 geotechnical [1] - 23:18 given [1] - 38:16 go-around [1] - 33:17 Governor [1] - 17:16 grammatical [1] - 10:15 graphic [2] - 8:24, 9:2 grass [1] - 20:17 gravel [1] - 24:18 great [3] - 13:22, 15:22, 32:12 green [1] - 31:15 Greg [2] - 2:4, 12:24 grew [2] - 16:12, 31:16 grid [1] - 26:24 grinding [1] - 24:16 ground [1] - 19:18 Grove [1] - 33:15 grows [1] - 29:11 guess [2] - 8:17, 34:21 guidance [1] - 8:19 guys [4] - 12:22, 18:3, 34:10, 35:2 H habitat [1] - 27:18 Hagemann [1] - 8:18 hand [3] - 4:22, 39:4, 39:8 happy [1] - 15:8 hard [3] - 28:4, 28:12, 28:18 harvests [1] - 30:11 HASENBALG [1] - 2:15 hate [1] - 33:21 Hawaii [1] - 17:8 headed [1] - 14:20 headquarters [3] - 17:11, 17:16 heard [3] - 4:14, 18:3, 38:7 HEARING [1] - 1:11 hearing [19] - 4:3, 4:20, 5:2, 5:8, 8:5, 8:16, 8:20, 9:11, 10:7, 10:11, 10:20, 15:18, 32:5, 32:12, 37:4, 37:19, 37:22, 38:10, 38:18 hearings [3] - 4:5, 4:7, 6:4 Heliene [1] - 16:21 hello [1] - 35:22 helping [1] - 24:7 hereby [1] - 38:5 herein [1] - 38:9 hereto [2] - 38:23, 39:2 hereunto [1] - 39:7 high [3] - 28:5, 28:10, 31:21 highway [1] - 11:9 highways [1] - 11:8 hills [1] - 29:1 hired [1] - 31:17 hiring [1] - 17:17 historic [1] - 12:2 Historic [1] - 23:12 history [1] - 31:14 HOA [1] - 18:10 hold [1] - 19:20 holding [1] - 21:18 hope [1] - 31:24 host [1] - 27:1 housekeeping [1] - 12:23 houses [1] - 33:11 housing [1] - 33:7 HQ2 [1] - 17:10 huge [1] - 18:16 hundreds [1] - 16:17 hunt [1] - 31:17 HYETT [2] - 5:20, 37:12 Hyett [3] - 2:5, 5:19, 37:11 I I's [1] - 33:16 I-beams [2] - 19:17, 19:20 idea [2] - 14:24, 18:5 identifying [1] - 24:6 IDNR [2] - 19:1, 23:12 IDOT [3] - 23:22, 23:23, 26:15 ILLINOIS [2] - 1:7, 38:1 Illinois [14] - 1:18, 2:17, 7:2, 10:18, 13:12, 13:14, 14:2, 17:12, 17:14, 17:19, 29:16, 33:23, 38:4, 39:8 impact [1] - 29:15 important [2] - 12:7, 14:3 improved [1] - 27:15 IN [1] - 39:7 Incentives [1] - 6:15 include [1] - 10:17 includes [1] - 11:9 including [1] - 17:5 inconsistencies [1] - 8:7 inconsistency [1] - 8:23 incorrectly [1] - 8:20 indication [1] - 34:16 indirectly [1] - 38:24 inevitably [1] - 30:6 inexperienced [1] - 34:12 information [1] - 12:10 initial [2] - 23:19, 35:6 initiated [1] - 9:17 input [1] - 21:11 installations [1] - 16:11 installed [1] - 27:22 intended [1] - 9:4 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 11, 2024 3 intention [2] - 35:7, 35:15 interconnect [1] - 26:24 interconnection [2] - 23:8, 23:10 interested [1] - 38:23 internet [1] - 31:22 interrupt [1] - 21:13 inverters [2] - 18:22, 24:21 investigation [1] - 23:19 investigations [1] - 23:18 investment [1] - 17:19 invisible [1] - 27:13 invite [1] - 4:7 iron [1] - 16:24 items [1] - 30:3 itself [1] - 36:15 J January [1] - 8:10 jobs [3] - 17:4, 17:18, 17:20 jurisdiction [2] - 11:10, 26:13 jurisdictional [1] - 23:15 K Kathy [1] - 35:23 KDOT [1] - 26:12 keep [1] - 33:21 keeping [1] - 35:6 Kendall [2] - 6:22, 26:12 kids [1] - 32:2 kind [11] - 16:14, 21:1, 22:6, 23:21, 24:3, 24:8, 24:22, 24:24, 27:24, 28:24 kitty [1] - 21:1 kitty-corner [1] - 21:1 Kramer [3] - 3:3, 13:11, 31:1 KRAMER [11] - 13:5, 13:7, 13:10, 15:10, 21:13, 21:16, 21:22, 30:24, 32:18, 32:22, 33:21 Kramer's [1] - 36:2 Krysti [2] - 2:9, 32:19 Kwiatkowski [1] - 13:18 L LAMB [6] - 2:16, 35:20, 35:22, 36:5, 36:10, 36:23 land [6] - 9:18, 11:9, 14:8, 33:8, 33:13, 35:5 landowner [5] - 21:10, 22:20, 31:13, 35:9, 35:13 landscape [7] - 26:3, 27:4, 28:5, 28:19, 29:2, 29:8, 29:11 landscaping [6] - 20:12, 20:19, 22:6, 26:6, 27:6, 27:8 large [3] - 14:13, 16:22, 35:5 largest [2] - 16:12, 17:6 LaSalle [1] - 11:24 LASALLE [1] - 38:2 last [8] - 10:1, 19:16, 22:20, 23:4, 31:7, 34:2, 34:12, 35:1 lastly [1] - 7:12 law [2] - 12:2, 13:12 lawyer [1] - 31:15 leads [1] - 24:19 lease [2] - 23:6, 32:1 leases [3] - 14:6, 14:8, 31:10 least [1] - 30:18 Leland [1] - 39:8 length [1] - 12:5 less [1] - 25:11 lessee [1] - 6:19 letter [2] - 34:17, 36:15 level [1] - 10:22 licensed [1] - 13:11 life [2] - 23:2, 29:19 lighting [1] - 19:12 line [4] - 7:16, 25:6, 25:17, 25:18 lines [6] - 15:8, 24:7, 25:4, 25:7, 26:22, 27:7 link [2] - 19:7, 27:12 lives [1] - 31:24 LLC [5] - 5:11, 6:19, 13:4, 15:17, 25:19 local [1] - 20:1 located [3] - 7:1, 16:21, 20:23 location [2] - 18:13, 22:7 long-term [1] - 23:2 look [3] - 11:24, 28:4, 34:10 looked [1] - 33:9 looking [4] - 21:5, 28:2, 28:3, 28:15 looks [2] - 12:23, 19:5 Louis [1] - 30:10 lower [1] - 21:4 LTD [1] - 2:15 M machine [1] - 38:12 mail [2] - 8:5, 36:8 mailed [1] - 8:20 main [4] - 8:2, 14:2, 27:10, 34:18 Maine [1] - 17:8 major [1] - 22:16 majority [1] - 9:18 manufacturer [1] - 16:21 map [3] - 6:13, 11:13, 11:22 Marlys [1] - 2:12 mass [1] - 30:9 Massachusetts [1] - 17:12 matched [1] - 11:20 materials [1] - 23:9 matt [3] - 15:10, 15:15, 21:16 Matt [8] - 3:4, 13:16, 13:17, 14:10, 15:5, 21:13, 31:7, 36:1 MATT [1] - 15:12 matters [1] - 38:9 mayor [1] - 9:19 means [2] - 14:11, 38:12 meet [1] - 14:22 meeting [5] - 4:6, 10:1, 10:23, 37:20, 37:23 meetings [1] - 8:17 MEGAN [1] - 2:16 megawatt [1] - 22:19 member [1] - 4:21 members [1] - 4:8 Mendez [1] - 2:11 mention [1] - 36:19 mentioned [2] - 10:17, 31:7 mentioning [1] - 31:11 metal [3] - 19:17, 19:20, 30:15 meter [2] - 26:20, 27:2 methods [1] - 11:3 Metronet [1] - 31:21 Might [1] - 35:20 might [4] - 13:16, 14:15, 15:1, 22:9 MILLEN [2] - 5:22, 37:14 Millen [3] - 2:4, 5:21, 37:13 minimal [1] - 9:1 Minnesota [1] - 16:22 minor [3] - 9:9, 11:11, 12:9 minute [3] - 21:14, 34:12, 35:1 Minute [1] - 2:12 mitigation [1] - 29:15 mix [1] - 27:18 money [2] - 18:7, 18:17 monitor [1] - 19:11 monitoring [1] - 18:23 monthly [1] - 27:2 months [1] - 13:19 most [2] - 9:7, 14:3 motion [4] - 5:7, 5:16, 37:2, 37:8 moved [2] - 5:13, 37:5 movement [1] - 19:14 moving [1] - 17:16 MR [38] - 5:13, 5:14, 5:18, 5:20, 5:22, 6:2, 13:5, 13:10, 15:10, 15:15, 21:13, 21:15, 21:16, 21:19, 21:22, 21:24, 25:16, 25:21, 30:24, 32:18, 32:22, 33:4, 33:20, 33:21, 34:15, 34:18, 35:3, 35:7, 35:17, 36:4, 36:6, 36:17, 37:5, 37:6, 37:10, 37:12, 37:14, 37:18 MS [25] - 2:16, 5:17, 5:19, 5:21, 5:23, 6:1, 7:20, 7:22, 25:13, 25:20, 32:13, 32:15, 34:17, 35:20, 35:22, 36:5, 36:10, 36:15, 36:21, 36:23, 37:9, 37:11, 37:13, 37:15, 37:17 Municipal [1] - 10:19 N NAGEL [3] - 33:1, 33:4, 33:20 Nagel [7] - 3:5, 6:20, 21:18, 22:5, 24:2, 31:13, 33:4 name [2] - 4:17, 13:10 Naper [1] - 2:16 Naperville [1] - 2:17 natural [1] - 16:8 nearly [1] - 20:4 need [4] - 12:5, 26:6, 27:2, 33:14 neighboring [2] - 14:15, 27:9 neighbors [2] - 22:12, 24:3 new [1] - 28:23 Nexamp [4] - 13:20, 15:16, 16:18, 30:3 next [20] - 16:1, 17:5, 18:2, 18:18, 19:9, 19:24, 20:14, 20:20, 21:2, 22:18, 23:3, 27:3, 27:23, 28:13, 28:17, 28:20, 29:5, 29:6, 29:12, 31:16 Next [1] - 24:14 nice [1] - 32:2 nighttime [1] - 19:13 Noble [1] - 2:9 NOBLE [9] - 7:20, 7:22, 25:13, 25:20, 32:13, 32:15, 34:17, 36:15, 36:21 noise [1] - 19:14 North [1] - 2:16 north [5] - 7:15, 20:24, 22:4, 25:7, 27:6 northern [2] - 17:8, 25:16 note [1] - 36:11 nothing [1] - 36:7 notice [3] - 8:5, 10:11, 11:6 notices [1] - 8:21 notification [1] - 11:3 number [2] - 5:8, 18:12 O object [1] - 14:17 obviously [1] - 21:11 odds [1] - 26:7 OF [3] - 1:6, 38:1, 38:2 offer [2] - 23:10, 33:6 offered [1] - 14:22 Office [1] - 23:12 office [4] - 14:2, 36:2, 36:7, 36:16 officer [2] - 8:15, 36:18 old [1] - 32:8 on-site [1] - 23:16 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 11, 2024 4 once [2] - 8:16, 30:8 one [21] - 4:16, 8:4, 9:13, 10:1, 17:6, 18:12, 20:2, 20:15, 20:16, 21:14, 22:16, 27:1, 30:14, 30:15, 31:9, 32:8, 33:8, 35:1, 35:8, 36:4 opaque [2] - 19:8, 27:12 open [1] - 5:7 operate [1] - 14:9 operating [2] - 17:23, 19:13 opportunities [1] - 24:13 opportunity [2] - 18:8, 18:11 opposed [1] - 16:16 opposition [3] - 5:6, 12:18, 34:6 optional [1] - 10:23 options [2] - 14:6, 31:11 order [1] - 5:1 ordinance [4] - 19:2, 19:3, 25:4, 25:11 Ordinance [4] - 6:9, 6:17, 7:10, 7:14 ordinances [1] - 7:24 original [2] - 25:9, 39:2 Orr [1] - 35:23 OTTOSEN [1] - 2:15 outcome [1] - 38:24 outline [4] - 21:17, 21:19, 21:21 outside [1] - 22:13 owned [1] - 31:15 owner [2] - 14:16, 33:4 owners [5] - 6:20, 8:21, 14:1, 14:9, 18:6 P p.m [2] - 1:22, 37:24 pad [2] - 18:21, 24:20 PAGE [1] - 3:2 Pages [1] - 38:11 pallets [2] - 30:8, 30:14 panel [3] - 19:5, 28:10, 28:13 panels [12] - 16:23, 17:1, 18:12, 18:24, 19:4, 19:17, 19:21, 20:17, 27:16, 28:7, 29:9, 30:7 parcel [1] - 22:2 parent [1] - 13:20 park [1] - 26:18 parking [2] - 28:16, 28:19 parkway [1] - 27:21 part [2] - 12:3, 33:22 participating [1] - 24:12 parties [1] - 38:23 partnership [1] - 16:20 pass [1] - 34:1 patience [1] - 15:21 pending [1] - 23:22 people [6] - 9:3, 14:6, 15:6, 18:13, 18:17, 20:4 per [2] - 10:12, 10:18 percent [1] - 30:5 perimeter [3] - 20:12, 20:19, 27:11 period [1] - 23:3 permit [2] - 7:9, 23:22 permitting [1] - 18:2 personal [1] - 38:15 persons [2] - 4:11, 4:15 petition [1] - 37:2 petitioner [8] - 4:13, 4:20, 5:3, 6:6, 7:18, 13:3, 13:15, 15:17 petitioners [4] - 6:20, 7:4, 7:8, 7:12 Petitions [1] - 5:8 petitions [2] - 6:13, 10:16 photo [1] - 28:14 picture [5] - 28:12, 28:16, 28:18, 29:6, 31:5 pictures [1] - 28:1 piece [1] - 35:5 pieces [3] - 18:19, 30:12, 30:15 pile [1] - 28:11 piles [1] - 28:5 pipe [1] - 32:22 place [3] - 26:8, 30:1, 38:19 plan [4] - 4:19, 10:21, 24:15, 27:5 Planner [1] - 2:11 planning [3] - 9:5, 28:9, 35:5 PLANNING [1] - 1:10 Planning [3] - 4:5, 9:23, 21:17 plans [3] - 25:22, 26:1, 35:4 plastics [1] - 30:15 podium [4] - 4:18, 13:9, 15:14, 33:3 point [4] - 8:24, 26:14, 28:23, 28:24 Pointe [1] - 1:17 poles [3] - 26:23, 27:1 police [1] - 26:11 pollinator [3] - 20:16, 27:17, 27:18 pollinators [3] - 19:4, 20:5, 33:14 popping [1] - 33:21 portion [2] - 37:20, 37:22 positive [1] - 33:20 possible [2] - 30:16, 30:21 post [1] - 29:20 practice [1] - 13:12 Prairie [1] - 1:17 prefers [1] - 20:17 present [6] - 4:12, 7:19, 12:14, 12:17, 13:4, 34:5 PRESENT [2] - 2:1, 2:8 presentation [4] - 5:3, 15:5, 30:23, 31:3 presenter [1] - 35:2 Preservation [1] - 23:12 preserve [1] - 35:14 preserving [1] - 21:8 pretty [5] - 15:24, 26:8, 27:5, 30:4, 31:4 previous [1] - 38:6 Pritzker [1] - 17:16 problems [1] - 32:10 Procedures [1] - 6:8 procedures [1] - 6:13 proceedings [3] - 4:2, 37:21, 38:17 process [4] - 24:1, 24:9, 24:12, 25:22 processes [4] - 8:11, 9:1, 11:17, 11:18 procuring [1] - 23:9 producing [1] - 17:4 product [2] - 18:17, 28:9 program [1] - 30:5 progressing [1] - 23:20 project [23] - 13:19, 14:12, 15:21, 15:23, 19:15, 20:3, 20:21, 20:22, 22:19, 22:20, 23:1, 23:10, 24:17, 26:4, 26:9, 26:21, 26:24, 27:5, 27:8, 28:3, 29:18, 31:18, 31:24 projects [8] - 16:14, 16:16, 16:23, 17:4, 17:7, 17:22, 17:23, 20:1 promise [1] - 34:2 properties [1] - 29:4 property [26] - 6:20, 7:1, 7:16, 8:21, 12:6, 14:16, 21:9, 21:20, 22:4, 22:5, 24:4, 24:6, 24:23, 25:4, 25:6, 25:7, 25:16, 25:17, 25:18, 25:19, 27:7, 27:19, 27:20, 29:8, 33:5, 35:10 proposed [4] - 4:8, 6:10, 31:10, 33:7 proposing [2] - 8:3, 9:14 protection [1] - 11:7 protest [6] - 34:9, 34:19, 36:2, 36:9, 36:12, 36:19 protesting [1] - 34:16 proud [1] - 30:4 provide [1] - 20:20 provided [1] - 9:21 provides [1] - 22:8 PUBLIC [1] - 1:11 public [25] - 4:2, 4:4, 4:8, 4:11, 4:20, 4:21, 5:2, 5:8, 6:3, 8:4, 8:16, 8:20, 9:11, 10:7, 10:11, 10:20, 32:4, 32:5, 32:11, 37:1, 37:3, 37:19, 37:22, 38:10, 38:18 publication [1] - 33:23 PUD [1] - 32:8 PUDs [2] - 8:13, 24:7 purchase [1] - 16:22 purpose [1] - 4:7 pursuant [1] - 7:9 pushed [1] - 19:18 put [2] - 18:8, 30:7 PZC [8] - 5:8, 5:10, 6:5, 6:18, 7:18, 10:2, 10:6, 13:3 Q questions [9] - 4:13, 9:12, 12:8, 12:21, 15:8, 34:11, 34:14, 35:2, 35:19 quick [1] - 22:18 quickly [3] - 16:11, 27:4, 29:14 quite [3] - 23:5, 32:5, 35:5 R R-2 [1] - 7:5 racking [1] - 19:19 Raging [3] - 21:1, 21:4, 28:15 raise [1] - 4:21 ramping [1] - 17:12 range [1] - 16:15 rather [1] - 26:18 read [2] - 26:19, 27:2 readily [1] - 9:3 ready [2] - 7:19, 13:4 real [4] - 7:1, 22:18, 28:4, 35:3 really [8] - 20:4, 20:11, 22:7, 22:11, 28:18, 29:14, 31:8, 34:22 reasoning [1] - 34:20 reasons [4] - 13:23, 18:9, 18:10, 33:8 receive [3] - 34:8, 36:1, 36:2 received [3] - 23:11, 34:17, 36:4 receiving [1] - 5:2 recently [1] - 17:15 recommendations [1] - 19:1 record [5] - 21:23, 31:1, 32:17, 33:22, 38:16 recordation [1] - 11:14 recording [1] - 11:12 recoverable [1] - 30:12 recycle [2] - 30:7, 30:16 recycling [5] - 22:6, 24:3, 30:5, 30:10, 30:21 red [2] - 21:17, 21:19 reduced [2] - 25:8, 38:13 reduces [1] - 18:15 reduction [2] - 7:15, 25:14 reflect [1] - 10:16 regarding [3] - 4:8, 4:14, 37:1 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 11, 2024 5 regards [1] - 9:13 regulation [2] - 6:24, 7:13 related [1] - 6:13 relative [2] - 38:20, 38:21 relook [1] - 11:21 remote [1] - 18:23 remotely [1] - 19:11 remove [3] - 23:1, 29:18, 29:24 removed [2] - 22:22, 30:1 renewable [1] - 18:18 Renewables [5] - 5:11, 6:19, 13:3, 13:16, 15:17 repeat [1] - 4:22 reported [1] - 38:11 reporter [1] - 34:1 Reporter [1] - 38:4 represent [3] - 4:17, 13:15, 14:4 representing [1] - 15:16 represents [1] - 20:18 reproduced [1] - 39:5 request [10] - 4:9, 4:13, 4:14, 5:5, 5:6, 12:5, 12:15, 12:19, 32:21, 34:6 requesting [13] - 5:9, 5:11, 6:6, 6:22, 7:4, 7:8, 7:13, 7:15, 9:7, 10:7, 10:9, 25:8, 25:14 requests [2] - 8:6, 10:17 require [5] - 9:17, 10:6, 10:10, 29:23 required [8] - 8:20, 10:20, 10:24, 11:6, 25:23, 27:22, 29:19, 35:12 requirement [3] - 11:14, 25:10, 29:20 requirements [5] - 6:12, 8:5, 9:8, 22:24, 26:6 requires [5] - 25:5, 25:12, 29:17, 35:9, 36:12 Residence [1] - 7:6 residential [6] - 16:11, 21:10, 22:9, 22:15, 27:9, 29:4 resources [1] - 16:8 response [4] - 12:16, 12:20, 13:1, 34:7 responsibility [1] - 39:5 rest [1] - 33:12 Review [1] - 6:7 review [4] - 6:12, 8:10, 16:1, 26:11 reviewed [1] - 29:22 revise [1] - 6:11 revised [1] - 10:15 rezoning [6] - 5:11, 6:22, 7:5, 10:8, 11:13, 11:22 rezonings [1] - 10:24 Rich [1] - 2:2 rid [1] - 32:8 ride [1] - 31:14 Road [9] - 7:2, 13:20, 20:23, 21:8, 24:17, 26:13, 27:20, 29:3, 29:5 road [4] - 15:19, 23:23, 24:16, 26:15 roads [1] - 22:16 Rob [1] - 23:20 roles [1] - 8:14 roll [2] - 5:15, 37:7 roof [2] - 18:9, 18:11 rooftop [2] - 16:11, 18:6 rotate [1] - 19:23 Route [7] - 7:3, 20:24, 21:8, 23:24, 27:19, 28:2, 28:3 Roy [1] - 23:20 rusty [1] - 12:24 Rusty [1] - 2:5 Ryan [1] - 2:6 S Sara [1] - 2:11 satisfied [1] - 26:8 saving [2] - 18:7, 18:17 scale [1] - 16:16 scheduled [1] - 4:5 screened [1] - 27:14 screening [3] - 20:20, 27:8, 29:8 scroll [1] - 27:20 second [3] - 5:14, 17:10, 37:6 Section [3] - 7:9, 7:13, 9:15 see [16] - 14:10, 14:14, 14:24, 18:20, 20:6, 20:11, 21:4, 22:3, 28:4, 28:11, 28:12, 28:18, 29:7, 29:10, 31:10, 32:1 seeking [1] - 8:22 sell [1] - 14:9 send [1] - 30:9 sense [2] - 22:21, 35:17 sent [1] - 36:16 separated [1] - 10:4 September [4] - 1:21, 16:4, 16:7, 39:9 series [1] - 9:6 served [1] - 36:12 serves [1] - 20:4 service [1] - 31:22 set [1] - 39:7 setbacks [5] - 7:16, 25:3, 25:5, 25:6, 35:12 several [2] - 8:10, 13:19 shading [1] - 18:9 shape [1] - 24:23 shipped [1] - 30:8 Shorthand [1] - 38:4 shorthand [1] - 38:13 shoulder [1] - 26:19 show [1] - 31:2 showed [1] - 34:23 side [3] - 20:24, 22:4 sign [5] - 4:18, 23:11, 23:17, 23:19, 23:21 sign-off [4] - 23:11, 23:17, 23:19, 23:21 signed [1] - 39:3 significant [2] - 17:19, 29:23 similar [1] - 20:13 simple [1] - 24:7 simulations [1] - 28:15 simultaneously [1] - 38:13 Sinclair [2] - 12:1, 12:4 Single [1] - 7:5 Single-Family [1] - 7:5 sit [2] - 17:1, 19:17 site [9] - 18:20, 19:11, 20:11, 20:16, 21:5, 23:16, 24:15, 24:19, 27:13 sites [1] - 31:3 size [1] - 16:15 slats [2] - 19:8, 27:12 slide [23] - 16:1, 17:5, 18:2, 18:5, 18:18, 19:9, 19:24, 20:14, 20:20, 21:2, 22:18, 23:3, 24:14, 27:3, 27:23, 28:13, 28:17, 28:21, 29:5, 29:7, 29:12, 31:2, 31:7 slowly [1] - 19:23 small [3] - 16:9, 16:10, 26:15 smallest [1] - 30:18 solar [35] - 7:11, 14:4, 14:13, 15:1, 16:9, 16:12, 16:14, 16:23, 17:1, 17:7, 18:4, 18:6, 18:8, 18:10, 18:24, 19:2, 19:3, 19:4, 19:5, 19:17, 19:21, 20:6, 21:6, 21:21, 21:24, 22:13, 26:17, 27:16, 28:7, 28:10, 28:13, 29:9, 30:6, 31:8, 33:24 sold [2] - 31:20 sorry [1] - 25:13 south [4] - 7:16, 25:7, 27:6, 32:7 South [1] - 13:13 southern [1] - 25:18 southwest [2] - 7:2, 20:23 special [5] - 5:11, 6:23, 7:9, 8:13, 25:23 species [1] - 23:13 specifically [1] - 8:11 specified [1] - 38:19 specify [1] - 25:13 speed [1] - 31:21 spelling [1] - 12:10 spends [1] - 18:4 SS [1] - 38:1 St [1] - 30:10 staff [5] - 8:8, 9:19, 10:22, 10:24, 26:2 staff-level [1] - 10:22 stages [2] - 18:2, 20:5 stand [1] - 4:21 standard [1] - 12:7 standards [2] - 11:22, 11:24 started [4] - 13:24, 15:20, 16:9, 16:10 starting [1] - 20:6 state [8] - 4:16, 10:19, 13:12, 17:19, 17:20, 17:22, 23:1, 23:12 STATE [1] - 38:1 State [1] - 38:4 statute [1] - 10:19 stay [1] - 35:10 steel [2] - 17:1, 17:2 stenographically [1] - 38:12 step [1] - 10:23 steps [2] - 29:18, 30:19 still [2] - 14:1, 23:21 stormwater [1] - 15:6 Street [1] - 13:13 stress [1] - 31:6 strong [1] - 16:18 structural [1] - 18:9 stub [2] - 23:22, 26:17 stubborn [1] - 14:20 studies [1] - 23:7 subdivisions [1] - 11:16 submitted [2] - 29:21, 32:16 subscribe [1] - 18:13 subsequently [1] - 23:14 substantial [2] - 27:5, 27:7 Sugar [1] - 33:15 Suite [1] - 2:16 suited [1] - 33:10 sun [1] - 19:24 Sunrise [1] - 25:19 supplemented [1] - 30:5 supply [2] - 16:23, 17:3 support [1] - 32:9 supporting [2] - 17:3, 18:17 surrounds [1] - 20:12 surveys [1] - 23:7 switch [1] - 18:22 sworn [5] - 4:24, 13:8, 15:13, 33:2, 38:8 system [3] - 19:22, 20:7, 21:6 T table [6] - 8:19, 9:21, 10:1, 10:12, 10:15, 11:2 tables [1] - 9:2 Taker [1] - 2:12 talks [1] - 11:2 taxing [1] - 10:12 team [1] - 14:10 technical [2] - 10:22, 15:6 temporary [1] - 22:21 Tequila [2] - 25:19, 32:6 term [1] - 23:2 terms [3] - 16:15, 26:9, 30:2 testified [3] - 13:8, 15:13, 33:2 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 11, 2024 6 testify [2] - 4:15, 38:8 testimony [9] - 4:7, 4:11, 5:2, 14:18, 32:4, 37:1, 37:3, 38:7, 38:16 text [11] - 5:9, 6:6, 6:10, 6:13, 7:22, 7:23, 8:24, 9:14, 9:15, 9:16, 9:20 thereof [1] - 39:3 thereupon [1] - 4:23 they've [1] - 26:13 thoroughfare [1] - 27:10 thousand [1] - 35:13 thousands [1] - 16:17 three [1] - 30:13 throughout [3] - 11:20, 14:11, 19:23 tile [1] - 23:18 tilt [1] - 29:10 today [1] - 36:7 toe [1] - 24:24 tonight [8] - 4:10, 6:4, 9:15, 14:18, 15:7, 15:19, 32:4, 32:5 tonight's [3] - 4:5, 4:20, 37:20 took [1] - 31:23 top [2] - 28:10, 29:9 touch [1] - 29:13 tours [1] - 16:6 towards [1] - 28:3 township [2] - 11:8, 11:10 tracking [2] - 19:22, 19:24 Traditional [1] - 7:6 transcript [2] - 38:11, 39:3 transcription [1] - 38:14 transformer [1] - 18:22 transformers [1] - 24:21 trees [2] - 27:21, 28:19 true [1] - 38:16 trust [1] - 9:18 Trust [1] - 8:18 trustees [2] - 11:7, 11:8 truth [1] - 38:8 try [1] - 24:5 trying [3] - 14:6, 30:16, 30:20 tucked [3] - 20:10, 21:7, 24:22 two [9] - 4:4, 8:2, 12:4, 13:24, 15:21, 16:5, 23:5, 25:3 typewriting [1] - 38:14 U U.S [1] - 17:2 U.S.A [1] - 17:4 UDO [9] - 5:10, 6:7, 8:3, 8:10, 8:19, 8:24, 11:20, 12:3, 36:12 unable [1] - 35:16 uncle [1] - 31:15 under [6] - 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19:8, 28:20 VITOSH [2] - 38:3, 39:13 volume [1] - 16:22 voluntary [1] - 10:16 vote [3] - 5:15, 33:20, 37:7 W wait [1] - 22:17 WALSH [11] - 15:12, 15:15, 21:15, 21:19, 21:24, 25:16, 25:21, 35:7, 36:4, 36:6, 36:17 Walsh [3] - 3:4, 15:5, 15:15 warehouse [1] - 30:8 waste [1] - 30:17 Waves [3] - 21:1, 21:4, 28:16 Wednesday [1] - 1:21 weeks [1] - 8:17 west [5] - 7:15, 14:5, 22:3, 25:6, 28:2 wetland [1] - 23:13 wetlands [1] - 23:16 whatsoever [1] - 32:10 WHEREOF [1] - 39:7 WHEREUPON [1] - 4:1 whole [2] - 8:24, 38:8 wild [1] - 14:5 WILLIAMS [8] - 5:13, 6:2, 34:15, 34:18, 35:3, 35:17, 37:5, 37:18 Williams [3] - 2:3, 6:1, 37:17 wish [2] - 4:12, 5:4 wishes [6] - 12:14, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - September 11, 2024 7 12:18, 32:21, 34:5, 35:11, 35:13 wishing [1] - 4:15 WITNESS [2] - 3:2, 39:7 witnesses [2] - 4:23, 38:7 word [1] - 9:15 Y year [1] - 16:19 years [9] - 8:10, 15:21, 22:21, 23:5, 25:3, 31:18, 31:22, 31:23, 32:1 yellow [1] - 21:20 yesterday [1] - 36:7 YORKVILLE [2] - 1:6, 1:7 Yorkville [17] - 1:18, 2:19, 5:9, 5:10, 6:5, 6:16, 6:18, 6:22, 7:19, 13:3, 13:13, 13:16, 15:16, 17:5, 20:14, 21:1, 29:21 Yorkville's [3] - 6:8, 19:2, 19:3 Young [1] - 2:12 YOUNG [10] - 5:17, 5:19, 5:21, 5:23, 6:1, 37:9, 37:11, 37:13, 37:15, 37:17 young [1] - 31:15 Z zoning [7] - 8:14, 8:15, 10:18, 25:4, 25:11, 31:18, 31:21 ZONING [1] - 1:10 Zoning [2] - 4:6, 9:24 zooming [1] - 21:3 1 SUMMARY: The petitioner, Steve Weber, on behalf of PTS Corp., contract lessee and petitioner, and Fort Smith FD Partners, LLC, owner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting special use authorization for a cannabis dispensary business within the B-3 General Business District for an approximately 1.33-acre parcel located at 1508 N. Bridge Street, within the northeast quadrant of Veteran’s Parkway (U.S. Route 34) and N. Bridge Street in Yorkville, Illinois. The petitioner is also requesting the following three (3) variances to Section 10-4-14: Medical and Adult Use Cannabis Use Standards of the Yorkville Unified Development Ordinance (UDO): 1. To decrease the minimum distance a cannabis dispensing organization can be located to a pre- existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or religious institutions from five-hundred feet (500’) to four-hundred fifty feet (450’). 2. To change the permitted hours of operation from “10:00 a.m. to 8:00 p.m. Monday through Saturday and 12:00 p.m. to 5:00 p.m. on Sundays” to “9:00 a.m. to 9:00 p.m. Monday through Saturday and 10:00 a.m. to 6:00 p.m. on Sundays”. 3. Relief from the maximum one (1) wall-mounted sign per cannabis business to allow the petitioner to follow the current signage regulations for similar B-3 General Business District uses while maintaining compliance with Illinois State signage regulations for cannabis businesses. PROPERTY INFORMATION: This property is currently improved with a vacant ~2,700 square foot single-story brick building with a drive-through window. The structure was originally built in 1988 and previously occupied by various fast-food restaurants. The subject property is currently zoned as B-3 General Business District. The following table depicts the current immediate surrounding properties’ zoning and land uses: Zoning Land Use North B-3 General Business District Self-storage facility South B-3 General Business District Yorkville Moose Lodge East B-3 General Business District Super 8 Motel West B-2 Mixed Use Business (PUD) Kendall Crossing/Countryside Center Transportation Land Use (N. Bridge Street/IL Rte. 47) Memorandum To: Planning and Zoning Commission From: Krysti J. Barksdale-Noble, Community Development Director Alexandria Sandoval, Planning Intern CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: October 3, 2024 Subject: PZC 2024-19 Consume Cannabis Dispensary (Special Use & Variance) 1508 N. Bridge Street- Proposed Adult Use Cannabis Dispensary 2 PROJECT DESCRIPTION: PTS Corp (Progressive Treatment Solutions) is a vertically integrated cannabis company involved in cultivation, manufacturing, and distribution (dispensary) services, with operations in Illinois, Arizona, Michigan, and Ohio. The submitted plans, as seen below, detail the petitioner’s intent to repurpose the existing former restaurant building and maintain the current parking lot, which has a single access drive from N. Bridge Street. Additionally, some interior and exterior renovations are proposed. SITE PLAN/LAND USE: The proposed cannabis dispensary use was reviewed by various City departments and outside agencies to ensure compliance with applicable adult-use cannabis ordinances, regulations, and standards such as minimum land use separations, maximum operational floor area, parking, business hours, bulk regulations, signage, and consistency with the comprehensive plan. Following are the summaries of those reviews. Cannabis Dispensing Organization – Special Use Cannabis Dispensing Organizations are defined in Section 10-2-3 in the Yorkville Unified Development Ordinance as: A facility operated by an organization or business that is licensed by the department of 3 financial and professional regulation to acquire cannabis from a state-licensed cultivation center, craft grower, processing organization, or another dispensary for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers as allowed by the Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.) and regulations promulgated thereunder. According to Table 10-3-12(B) of the Yorkville Unified Development Ordinance (UDO), the proposed use is allowed as a special use in the B-3 General Business District. Per Section 10-4-14(D), Cannabis Dispensing Organizations are limited to one (1) facility within the boundaries of the City of Yorkville. Currently, there are no other permitted cannabis dispensing organizations in Yorkville, and if approved, this would be the only such facility permitted within the entire city. Additionally, Section 10-4-14(A)(2) prohibits the on-premises consumption of cannabis products in cannabis business operations. The petitioner has acknowledged in writing that there will not be any on- premises consumption. Staff recommends signage be posted within the business stating this prohibition. Minimum Land Use Separation Per Section 10-4-14(D)(1), the following minimum land use separations identified by staff shall apply: LAND USE REQUIRED MINIMUM SEPARATION* IDENTIFIED EXISTING LAND USE PROPOSED SEPARATION** Pre-existing public/private nursey school, preschool, primary or secondary school, day care center, day care home, residential care home, or religious institutions, regardless of corporate boundary 500’ Parkview Christian Academy Private School (B-3 Zoning) 202 E. Countryside Pkwy (PIN #02-28-126-019) ~ 460’ Pre-existing property zoned or used for residential purposes, regardless of corporate boundary 250’ N/A N/A *As measured property line to property line. **Measurement based upon aerial GIS, as no measurement was provided by petitioner. A map depicting the surrounding land uses prepared by staff and spreadsheet of distances from the subject property prepared by the petitioner are attached for your review. Bulk Regulations All bulk regulations for the B-3 District, per Table 10-3-9(A) of the Yorkville Unified Development Ordinance (UDO), are met with the existing site plan as detailed below: BULK REQUIREMENT REQUIRED MINIMUM EXISTING CONDITIONS Min. Lot Size 10,000 sq. ft. ~ 57,963 sq. ft. Min. Front Yard Setback 50’ ~ 60 ft. Min. Side Yard Setback 20’ ~ 75 ft./~ 85 ft. Min. Rear Yard Setback 20’ ~ 150 ft. Min. Parking Lot Setback 20’ ~ 50 ft. Per Table 10-3-9(A) of the Yorkville Unified Development Ordinance (UDO), the maximum lot coverage for the B-3 General Business District (inclusive of sidewalks, parking areas and all impervious surfaces) is 80%. Based upon staff calculations, the existing structure, parking lot, and walkways are approximately 45,000 square feet or 78% of the approximately 57,963 square foot lot. 4 Maximum Gross Floor Area Per Section 10-4-14(D)(3), Cannabis Dispensing Organizations shall have a maximum gross floor area of five thousand (5,000) square feet, of which at least seventy-five (75) percent of the floor area occupied by a dispensing organization shall be devoted solely to the activities the dispensing cannabis or cannabis products as authorized by the Act and shall not sell food or alcohol for consumption on the premises. The existing building on the subject property to be used for the Cannabis Dispensing Organization is less than 5,000 sq. ft. (approx. 2,696 sq. ft.) The petitioner has confirmed 100% of the total floor area will be dedicated to the cannabis dispensing operation and that no food or alcohol for consumption will be sold on the premises. The petitioner has also acknowledged, in writing, that no food or alcohol for consumption will be sold on the premises. Parking and Drive-Through According to site plan submitted, there will be 69 total parking stalls provided for the Cannabis Dispensing Organization including four (4) indicated as ADA handicapped accessible within the existing parking lot. Per Table 10-5-1 of the Yorkville Unified Development Ordinance, a Cannabis Dispensing Organization is required to have a minimum of 3 parking spaces per 1,000 square feet of net floor area. Based on the existing building size of ~2,700 square feet, the minimum required parking is nine (9) parking spaces. Therefore, the proposed land use is adequately parked. Additionally, per Section 10-4-14(D)(5-6) of the Unified Development Ordinance, drive-through facilitates and e-commerce delivery service platforms are prohibited for cannabis dispensing organizations. It is noted that the existing fast-food restaurant structure has a drive-through facility. According to the proposed site plan, the drive-through facility will be removed. The petitioner has also acknowledged in writing that no e-commerce delivery services will be offered, and they will not be requesting drive-through use at this time. Should the petitioner seek to utilize the drive-though in the future, it will require a public hearing and City Council approval via a variance or text amendment to the UDO. Appearance Code The petitioner has submitted elevations and renderings which illustrate that the exterior building façade will comply with the City’s Appearance Code (Section 8-15-5): Criteria for Appearance of the City Code, new non-residential structures shall have at least fifty percent (50%) of the total building constructed of masonry products or precast concrete. The existing brick and plank siding will be preserved, repainted in a uniform light white/grey color, while the red metal awning will also be retained. 5 Signage According to Section 10-4-14(A)(3) of the Yorkville Unified Development Ordinance (UDO), specific signage regulations apply to cannabis dispensaries. Recreational cannabis dispensaries are limited to one wall-mounted sign per business, and all cannabis establishments are prohibited from using electronic message board signs. Additionally, signage must not feature cannabis-related imagery such as “leaves, plants, smoke, paraphernalia, or cartoon-like” designs. The petitioner is seeking an exception to the rule limiting cannabis businesses to a single wall-mounted sign, proposing to follow the current signage guidelines for similarly zoned B-3 General Business District uses while still adhering to Illinois State regulations for cannabis signage. Section 10-6-6(A)(4) of the UDO states single-tenant buildings in the B-3 District are permitted a maximum of two primary wall signs or one primary sign per 100 linear feet of building frontage, with an additional sign allowed for each extra 100 feet. However, only one primary wall sign is permitted per building façade. The cannabis dispensary ordinance is silent regarding monument signage, so staff defers to the UDO regulations. The petitioner's updated signage plan below, submitted September 16, 2024, proposes two primary wall signs. The first sign displays the name "Consume Cannabis Company" along with a star logo on the west elevation (IL Rte. 47/Bridge St.) totaling approximately 34.6 sq. ft. The proposed second sign is located on the south elevation and reads "Consume" totaling approximately 22.5 sq. ft. The signage plan also includes a doubled-sided, internally illuminated pylon monument sign positioned along IL 47 which reads “Consume” in vertically-oriented text. The sign material is a black fabricated aluminum cabinet with white plexiglass letters routed through the sign face. The ends of the cabinet will be backed with red acrylic and internally illuminated with red LED units. The overall height for the monument sign is approximately ten feet (10’) and approximately three-feet (3’) wide for a total sign area of 30 sq. ft. 6 The chart below compares the permitted wall sign criteria outlined in the Unified Development Ordinance (UDO) for B-3 zoned properties and cannabis dispensaries with the petitioner’s request. Signage Criteria B-3 Zoned Properties Cannabis Dispensaries Petitioner Proposed Signage Wall Signs Max. 2 (1 per façade) or 1 per 100 ft of façade. Max. 1 Wall Sign Two (2) Wall Signs Wall Sign Area • West Façade (IL Rte. 47/Public Entrance) • South Façade (Public Entrance) Max. 2 sq. ft. per 1 linear ft. and up to 75% of building façade length (Public Entrance or Facing a Public Road) Same as B-3 Zoned Properties 34.6 sq. ft. 13 ft. 22.5 sq. ft. 15 ft. ~40 linear ft. = Max. Sign Area 80 sq. ft. Max. Sign Length 30 ft. ~70 linear ft. = Max. Sign Area 140 sq. ft., Max. length 52.5 ft. Monument Signs High Quality Sign (Steel material) Max. Sign Area = 48 sq. ft. Max. Sign Height = 12 ft. Base Landscape Req. = 1/2 Sign Area Not Specified 30 sq.ft. 10 ft. None Provided The petitioner is seeking relief from the maximum one (1) wall sing for cannabis dispensary uses. The petitioner is proposing to meet all the other sign area, length, and height requirements. Staff understands the request for an additional wall sign, particularly on the south elevation above the public entrance. Should the petitioner not be granted the variance for the second wall sign, other options available to the wall sign on the south or west elevation is an awning/canopy sign and/or window sign. With regard to the monument sign, staff recommends the petitioner install a minimum of fifteen (15) square feet of sign base landscaping per Section 10-6-6(B)(1)(b) of the UDO. Business Hours Per Section 10-4-14(A)(1), business hours for all cannabis businesses shall be from 10:00 a.m. to 8:00 p.m. Monday through Saturday and 12:00 p.m. to 5:00 p.m. on Sundays. The petitioner is requesting to extend the business hours, allowing for earlier openings and later closings on both weekdays and weekends. According to the petitioner's statement, the extended hours are needed to align with the operating hours of the following two (2) closest competitors: 1. Market 96 Neighborhood Dispensary 1144 Douglas Road, Oswego, IL 60543 Hours (per website): Monday-Sunday 9:00am – 9:00pm https://www.market-96.com/ 2. Ivy Hall Dispensary 1970 Caterpillar Drive, Montgomery, IL 60538 Hours (per website): Monday-Thursday 9:00am-9:00pm; Friday-Saturday 9:00am -10:00pm; Sunday 9:00am – 7:00pm https://ivyhalldispensary.com/ COMPREHENSIVE PLAN: Future Land Use for this site is Destination Commercial (DC) which is consistent with the existing B-3 General Business District. The Destination Commercial designation is intended for large format retail, strip center development and auto-oriented land uses located along significant commercial corridors such as IL 47 (Bridge Street) and US 34 (Veterans Parkway) that attract both Yorkville residents and customers from the surrounding areas. Therefore, the proposed use is consistent with the designated future land use plan. 7 RESEARCH OF NEARBY COMMUNITIES: The Community Development Department's summer intern, Alexandria Sandoval, conducted research on cannabis dispensary ordinances from ten (10) other municipalities (see attached). The findings show that, on average, these communities allow two (2) dispensaries each, which is more than Yorkville’s ordinance, which permits only one. Additionally, the research highlights that the distance between existing dispensaries and nearby schools or daycare facilities in other municipalities ranges from approximately 220 feet (Carol Stream) to 970 feet (Naperville). Similarly, the distances to residential areas range from roughly 180 feet (St. Charles) to 430 feet (Morris). While Yorkville’s minimum distance requirement for cannabis dispensaries near schools and residential areas aligns with the average of surrounding communities, the available locations for dispensaries in Yorkville are extremely limited (see attached map). Given the petitioner’s request and the city-wide cap of one (1) dispensary, a reduction in the minimum required distance from 500 feet to 450 feet (a 10% reduction) from a nearby school is consistent with approved dispensary locations in other area municipalities. COMMUNITY MEETING/WRITTEN OBJECTION: As per Section 10-8-5(B)(1)(A) of the Yorkville Unified Development Ordinance (UDO), the Plan Council recommended that the petitioner hold a community meeting with area and neighborhood property owners to explain the proposed special use prior to the Planning and Zoning Commission hearing. This meeting took place on September 12, 2024, at the Hampton Inn Yorkville from 4pm-6pm. According to the petitioner and the attached sign-in sheet, no members of the public attended. Staff has also received feedback from an attorney representing Parkview Christian Academy, who submitted a written objection to the proposed cannabis dispensary use on August 20, 2024 (attached for reference). The petitioner’s attorney provided a written response to this objection on August 22, 2024, which is also attached for your reference and consideration. ADDITIONAL SPECIAL USE CONSIDERATIONS: As a condition of the Special Use approval, staff recommended the following additional information be provided by the petitioner for the requested cannabis dispensary: a. Applicant name and the business name of the proposed adult-use cannabis establishment for which the special use is sought, including addresses, telephone numbers and e-mail addresses of (1) sole proprietors; (2) business entities with financial interest in the business, and (3) all officers, directors, partners, managers, and owners. A post office box may not be submitted as the address of the applicant. i. Petitioner has provided information which will remain on file with the Yorkville Police Department. b. Copy of licensure or registration that the organization is authorized to conduct an adult-use cannabis business establishment in the State of Illinois. i. Petitioner has provided the attached letter from the Illinois Department of Financial and Professional Regulation. c. Written statement that the applicant has under contract the property of the proposed adult-use cannabis establishment. i. Petitioner has provided a copy of the sub-sublease contract for the property. It is important to note that the contract submitted to the City by the petitioner by and between Fort Smith FD Partners (Landlord), RHS Yorkville, LLC (tenant, sublandlord) and Leahy Enterprises 2 LLC (subtenant) lists the permitted uses for the premises as: operating a cannabis dispensary, consumption lounge, restaurant and any ancillary and associated uses and for no other use, and in compliance with all laws, ordinances, rules, 8 and regulations. As referenced above, the petitioner states they will not allow on-site consumption or serve alcohol or food. d. Copy of a business plan to be kept on file with the Yorkville Police Department and confidential to the extent permitted by law, including but not limited to the following: i. Proposed number of employees. – Petitioner states there will be twenty (20) Hourly employees plus two (2) salaried managers. ii. A description of the products and services that the proposed adult-use cannabis establishment will offer. – Petitioner states products sold will be state compliant cannabis flower, cannabis vapes, cannabis infused edibles, cannabis drinks, and accessories such as rolling papers, t-shirts, and hats. iii. Description or statement of training and education that will be provided to the proposed adult-use cannabis dispensary agents/staff. - Petitioner has provided information which will remain on file with the Yorkville Police Department. iv. A security plan that will describe how the proposed use will address concerns related to inventory tracking and prevention of theft; measures to control customer overflow and access to restricted areas; employee restrictions to limited access areas and restricted area; and video surveillance/alarm system. - Petitioner has provided information which will remain on file with the Yorkville Police Department. v. Waste management plan for the storage, security and disposal of discarded cannabis products and materials. - Petitioner has provided information which will remain on file with the Yorkville Police Department. STANDARDS FOR GRANTING A VARIANCE: Section 10-8-9 of the Unified Development Ordinance (UDO) states the Planning and Zoning Commission shall not grant a Variation from the regulations of the 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: 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. 5. 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. 6. The proposed Variation is consistent with the official comprehensive plan and other development standards and policies of the City. SPECIAL USE STANDARDS Section 10-8-5-D of the UDO 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 9 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. STAFF RECOMMENDATIONS: Staff recommends the following conditions to the special use: 1. Signage posted within the business stating there will not be any on-premises consumption. 2. The petitioner installs a minimum of fifteen (15) square feet of sign base landscaping per Section 10-6-6(B)(1)(b) of the UDO. Proposed Motions: SPECIAL USE In consideration of testimony presented during a Public Hearing on October 9, 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 operate a cannabis dispensary business within the B-3 General Business District for an approximately 1.33-acre parcel located at 1508 N. Bridge Street, subject to staff recommendations in a memo dated October 3, 2024 and further subject to… {insert any additional conditions of the Planning and Zoning Commission}… VARIANCES 1. In consideration of testimony presented during a Public Hearing on October 9, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council a request for a variance to Section 10-4-14(D)(1) of the Unified Development Ordinance to decrease the minimum distance a cannabis dispensing organization can be located to a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or religious institutions from five-hundred feet (500’) to four-hundred fifty feet (450’) for an approximately 1.33-acre parcel located at 1508 N. Bridge Street, subject to {insert any additional conditions of the Planning and Zoning Commission}… 2. In consideration of testimony presented during a Public Hearing on October 9, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council a request for a variance to Section 10-4-14(A)(1) of the Unified Development Ordinance to change the permitted hours of operation for a cannabis dispensary from “10:00 a.m. to 8:00 p.m. Monday through Saturday and 12:00 p.m. to 5:00 p.m. on Sundays” to “9:00 a.m. to 9:00 p.m. Monday through Saturday and 10:00 a.m. to 6:00 p.m. on 10 Sundays” for an approximately 1.33-acre parcel located at 1508 N. Bridge Street, subject to {insert any additional conditions of the Planning and Zoning Commission}… 3. In consideration of testimony presented during a Public Hearing on October 9, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council a request for a variance to Section 10-4-14(A)(3)(a) of the Unified Development Ordinance seeking relief from the maximum one (1) wall-mounted sign per cannabis business to allow the petitioner to follow the current signage regulations in Section 10-6-6(A)(4) for similar B-3 General Business District single-tenant uses while maintaining compliance with Illinois State signage regulations for cannabis businesses for an approximately 1.33-acre parcel located at 1508 N. Bridge Street, subject to {insert any additional conditions of the Planning and Zoning Commission}… ATTACHMENTS: 1. Location Map 2. Petitioner Applications 3. Proposed plan and elevations prepared by Path Construction, dated 03.01.24 4. Plan Council packet 5. Plan Council Follow-Up letter dated August 22, 2024 6. Petitioner’s Response Letter 7. List of Surrounding Land Uses zoning, distance to subject property and land use 8. Petitioner’s Consent to Lease 9. IDFPR Letter re: Dispensing Organization Conditional License 10. Sign Plans prepared by Bright Signs & Awnings dated 9-9-24 11. Object Letter prepared by Antonio J. Senagore, Attorney, dated August 20, 2024 12. Response to Objection Letter prepared by Mitchel Kay, Attorney, dated August 22, 2024 13. Cannabis Buffer Map 14. Public Hearing Notice PLAN COUNCIL AGENDA Thursday, August 22, 2024 9:00 a.m. City Hall Community Development 3rd Floor – East Conference Room Remote Access via Zoom 1. Minutes for approval: July 25, 2024 2. PZC 2024-19 Cannabis Dispensary – Consume Cannabis –Special Use & Variance Adjournment United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 1 I have reviewed the applications for special use permit and variance approval received July 1, 2024 as submitted by Steve Weber, on behalf of PTS Corp., contract lessee and petitioner, and Fort Smith FD Partners, LLC, owner, as well as the following documents/plans: 1) Site Plan, Exterior Elevations, and Floor Plans – dated 03.01.24 prepared by Path Construction The petitioner is requesting special use authorization for a cannabis dispensary business within the B-3 General Business District for an approximately 1.33-acre parcel located at 1508 N. Bridge Street, within the northeast quadrant of Veteran’s Parkway (U.S. Route 34) and N. Bridge Street in Yorkville, Illinois. Additionally, they are also requesting the following three (3) variances to Section 10-4-14: Medical and Adult Use Cannabis Use Standards of the Yorkville Unified Development Ordinance (UDO): 1. To decrease the minimum distance a cannabis dispensing organization can be located to a pre- existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or religious institutions from five-hundred feet (500’) to four-hundred fifty feet (450’). 2. To change the permitted hours of operation from “10:00 a.m. to 8:00 p.m. Monday through Saturday and 12:00 p.m. to 5:00 p.m. on Sundays” to “9:00 a.m. to 9:00 p.m. Monday through Saturday and 10:00 a.m. to 6:00 p.m. on Sundays”. 3. Relief from the maximum one (1) wall-mounted sign per cannabis business to allow the petitioner to follow the current signage regulations for similar B-3 General Business District uses while maintaining compliance with Illinois State signage regulations for cannabis businesses. This parcel is currently improved with a vacant ~2,700 square foot single-story brick building with a drive-through window. The structure was originally built in 1988 and previously occupied by various fast-food restaurants. The plans submitted indicate the petitioner will utilize the existing structure, making some interior and exterior renovations, as well as the current parking lot with a single access drive off of N. Bridge Street. Based upon my review of the application and site/floor plans, I have compiled the following comments: GENERAL ZONING/PLANNING COMMENTS: 1. ZONING - The subject property is currently zoned as B-3 GENERAL BUSINESS DISTRICT. The following are the current immediate surrounding zoning and land uses: Zoning Land Use North B-3 General Business District Self-storage facility South B-3 General Business District Yorkville Moose Lodge East B-3 General Business District Super 8 Motel West B-2 Mixed Use Business (PUD) Kendall Crossing/Countryside Center Transportation Land Use (N. Bridge Street/IL Rte. 47) Memorandum To: Plan Council From: Krysti Barksdale-Noble, Community Development Director Date: July 9, 2024 Subject: PC 2024-19 Consume Cannabis Dispensary (Special Use & Variance) 1508 N. Bridge Street - Proposed Adult Use Cannabis Dispensary 2 2. CANNABIS DISPENSING ORGANIZATION – Petitioner has indicated the proposed use for the property will be a “cannabis dispensing organization”. Cannabis Dispensing Organizations are defined in Section 10-2-3 in the Yorkville Unified Development Ordinance as: A facility operated by an organization or business that is licensed by the department of financial and professional regulation to acquire cannabis from a state-licensed cultivation center, craft grower, processing organization, or another dispensary for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers as allowed by the Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.) and regulations promulgated thereunder. a. Special Use - Per Table 10-3-12(B) of the Yorkville Unified Development Ordinance (UDO), such use is allowed as a special use in the B-3 General Business District. b. Maximum number of facilities – Per Section 10-4-14(D), Cannabis Dispensing Organizations shall be limited to one (1) facility within the boundaries of the City. i. There are no other permitted cannabis Dispensing Organizations in Yorkville. If approved, this will be the only such use permitted within the entirety of the city. c. On-Premises Consumption – Per Section 10-4-14(A)(2), on-premises consumption of cannabis products in the cannabis business operations is prohibited. i. Applicant must provide a written narrative acknowledging no on-premises consumption will be permitted. Staff further recommends internal signage be posted in the business stating such. 3. MINIMUM LAND USE SEPARATIONS – Per Section 10-4-14(D)(1), the following minimum land use separations identified by staff shall apply: LAND USE REQUIRED MINIMUM SEPARATION* IDENTIFIED EXISTING LAND USE PROPOSED SEPARATION** Pre-existing public/private nursey school, preschool, primary or secondary school, day care center, day care home, residential care home, or religious institutions, regardless of corporate boundary 500’ Parkview Christian Academy Private School (B-3 Zoning) 202 E. Countryside Pkwy (PIN #02-28-126-019) ~ 460’ Pre-existing property zoned or used for residential purposes, regardless of corporate boundary 250’ N/A N/A *As measured property line to property line. **Measurement based upon aerial GIS, as no measurement was provided by petitioner. a. Applicant must provide an aerial map of the subject property identifying the distance “property line to property line”, current ownership, and zoning/land uses of all surrounding parcels within 500 feet. 4. MAXIMUM GROSS FLOOR AREA – Per Section 10-4-14(D)(3), Cannabis Dispensing Organizations shall have a maximum gross floor area of five thousand (5,000) square feet, of which at least seventy-five (75) percent of the floor area occupied by a dispensing organization shall be devoted solely to the activities the dispensing cannabis or cannabis products as authorized by the Act and shall not sell food or alcohol for consumption on the premises. 3 a. The existing building on the subject property to be used for the Cannabis Dispensing Organization is less than 5,000 sq. ft. (approx. 2,700 sq. ft.). b. The applicant must verify, in writing, the total area dedicated to the cannabis dispensing operation (at least 75%) and that no food or alcohol for consumption will be sold on the premises. 5. PARKING/DRIVE-THROUGH - According to site plan submitted, there will be 69 total parking stalls provided for the Cannabis Dispensing Organization including four (4) indicated as ADA handicapped accessible within the existing parking lot. a. Parking: Per Table 10-5-1 of the Yorkville Unified Development Ordinance, a Cannabis Dispensing Organization is required to have a minimum of 3 parking spaces per 1,000 square feet of net floor area. i. Based on the existing building size of ~2,700 square feet, the minimum required parking is nine (9) parking spaces. The proposed land use is adequately parked. b. Drive Through/E-Commerce – Per Section 10-4-14(D)(5-6) of the Unified Development Ordinance, drive-through facilitates and e-commerce delivery service platforms are prohibited for cannabis dispensing organizations. i. It is noted that the existing fast-food restaurant structure has a drive-through facility. According to the proposed site plan, the drive-through facility will be removed. ii. Applicant must provide a written narrative acknowledging no e-commerce delivery services will be offered. 6. BUSINESS HOURS – Per Section 10-4-14(A)(1), Business hours for all cannabis businesses shall be from 10:00 a.m. to 8:00 p.m. Monday through Saturday and 12:00 p.m. to 5:00 p.m. on Sundays. a. Petitioner is requesting relief from these regulations as stated above. b. Applicant must provide a written narrative, additional details, etc. regarding stated claim of the need for extended hours to be consistent with the two (2) closest competitors businesses. 7. MAXIMUM LOT COVERAGE – Per Table 10-3-9(A) of the Yorkville Unified Development Ordinance (UDO), the maximum lot coverage for the B-3 General Business District (inclusive of sidewalks, parking areas and all impervious surfaces) is 80%. Based upon staff calculations, the existing structure, parking lot, and walkways are approximately 45,000 square feet or 78% of the approximately 57,963 square foot lot. 8. BUILK REGULATIONS – All bulk regulations for the B-3 District, per Table 10-3-9(A) of the Yorkville Unified Development Ordinance (UDO), are met with the existing site plan as detailed below: BULK REQUIREMENT REQUIRED MINIMUM EXISTING CONDITIONS Min. Lot Size 10,000 sq. ft. ~ 57,963 sq. ft. Min. Front Yard Setback 50’ ~ 60 ft. Min. Side Yard Setback 20’ ~ 75 ft./~ 85 ft. Min. Rear Yard Setback 20’ ~ 150 ft. Min. Parking Lot Setback 20’ ~ 50 ft. 4 9. SIGNAGE – Per Section 10-4-14(A)(3) of the Yorkville Unified Development Ordinance (UDO), signage for Cannabis dispensaries are as follows: a. Recreational cannabis dispensaries shall be limited to one (1) wall-mounted sign per business. b. All cannabis establishments shall be prohibited from having electronic message board signs. c. Signage for cannabis establishments shall not contain cannabis imagery such as leaves, plants, smoke, paraphernalia, or cartoonish imageries. d. The petitioner is seeking relief from the maximum one (1) wall-mounted sign per cannabis business to allow the petitioner to follow the current signage regulations for similar B-3 General Business District uses while maintaining compliance with Illinois State signage regulations for cannabis businesses. i. The proposed elevation plan illustrates two (2) main wall signs “Consume” with a star styled logo– one (1) on the west and south elevations, in addition to a secondary wall sign on the south elevation “The Cannabis People”. 1. No sign dimensions were provided. 2. No monument sign was provided. ii. Per Section 10-6-6(A)(4) of the Yorkville Unified Development Ordinance (UDO), single tenant buildings shall be permitted a total of two (2) primary wall signs or one (1) primary wall sign per one hundred (100) linear feet of building frontage. One (1) additional wall sign shall be allowed per additional hundred (100) feet of building frontage. Only one (1) primary wall sign shall be displayed on any single building façade. 10. LANDSCAPE PLAN – The petitioner has not prepared a landscape plan, assumingly because the site has existing landscape. 11. COMPREHENSIVE PLAN – Future Land Use for this site is Destination Commercial (DC) which is consistent with the existing B-3 General Business District. The Destination Commercial designation is intended for large format retail, strip center development and auto-oriented land uses located along significant commercial corridors such as IL 47 (Bridge Street) and US 34 (Veterans Parkway) that attract both Yorkville residents and customers from the surrounding areas. 12. COMMUNITY MEETING – Per Section 10-8-5(B)(1)(A) of the Yorkville Unified Development Ordinance (UDO), the Plan Council may recommend 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 prior to the Planning and Zoning Commission hearing date. a. It is staff recommendation that such a hearing be conducted by the Petitioner no later than Monday, September 23, 2024 and an attendance sheet be provided to staff of those property owners who attended. 13. ADDITIONAL SPECIAL USE CONSIDERATIONS: b. Applicant name and the business name of the proposed adult-use cannabis establishment for which the special use is sought, including addresses, telephone numbers and e-mail addresses of (1) sole proprietors; (2) business entities with 5 financial interest in the business, and (3) all officers, directors, partners, managers, and owners. A post office box may not be submitted as the address of the applicant. c. Copy of licensure or registration that the organization is authorized to conduct an adult-use cannabis business establishment in the State of Illinois. d. Written statement that the applicant has under contract the property of the proposed adult-use cannabis establishment. e. Copy of a business plan to be kept on file with the Yorkville Police Department and confidential to the extent permitted by law, including but not limited to the following: i. Proposed number of employees. ii. A description of the products and services that the proposed adult-use cannabis establishment will offer. iii. Description or statement of training and education that will be provided to the proposed adult-use cannabis dispensary agents/staff. iii. A security plan that will describe how the proposed use will address concerns related to inventory tracking and prevention of theft; measures to control customer overflow and access to restricted areas; employee restrictions to limited access areas and restricted area; and video surveillance/alarm system. iv. Waste management plan for the storage, security and disposal of discarded cannabis products and materials. + – Public Notification App 7/18/24, 2:51 PM BP Gas Station O’Riley Auto Parts McDonald’s Feedback Public Notification App https://maps.co.kendall.il.us/portal/apps/webappviewer/index.html?id=2b92d85a669f4c15a044790d0183d8b3 1/1 Private Road Shell Gas Station Various Businesses (Shoe Store, Salon, Resturant, ect.) Yorkville Moose Lodge Super 8 Motel Self-storage Facility Station One BBQ Nelson Funeral Homes Parkview Christian Academy Dunkin Donuts ALDI Chase Bank NCG Cinemas = Kendall Crossing PUD = B-3 General Business District = School Cannabis Dispensary Research Current Unified Development Ordinance Comments Based on my research, the ordinances concerning cannabis dispensaries listed in the UDO are consistent with Illinois state law, and surrounding community ordinances. All communities listed in the table below have a minimum distance of 250 feet from a school , followed by some variance of the following language: “commercial/trade schools shall not be classified as a public or private school for purposes of this section.” One of the variances requested by the petitioner was to decrease the minimum distance from Parkview Christian Academy, from five hundred feet (500’) to four-hundred fifty feet (450’). I looked at both definitions of schools listed in the UDO, in order to understand what kind of school Parkview Christian Academy is. According to Section 10-2-3 of the UDO, a “Commercial/Trade School” is defined as “A school established to provide for the teaching of industrial, clerical, managerial, artistic skills or alternative education. This definition applies to schools that are owned and operated privately for profit or not for profit. Such schools may not contain an auditorium, gymnasium, or any other sort of recreational facilities.” On the other hand, a “School, Public or Private” is defined as “Elementary, high school or college, public or private, or nonprofit junior college, college or university, other than trade, commercial and business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees. These schools typically contain an auditorium, gymnasium, cafeteria, or other recreational facilities.” With these definitions in mind, I checked Parkview Christian’s website, and a map of their facilities, and I believe that Parkview Christian Academy is classified as a private high school. This is because their curriculum focuses on a variety of topics, not just vocational or specialized skills. Additionally, the school also hosts sporting events, which would be inconsistent with the commercial school definition. *Codes abridged to be concise City/Municipality/Local Government Distance Requirements for Dispensaries Number of Dispensaries Yorkville 500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or religious institutions. 250 feet if a property zoned or used for residential purposes. 0 Montgomery 500 feet of a lot zoned or used for residential purposes, or any residential care facility, day care center, day care home, school, college, university, or park. If a lot zoned or used for residential purposes is separated from a cannabis business by a major state roadway, the minimum spacing will be 250 feet. 1 Carol Stream 1,500 foot radius of any other dispensing organization located within or outside the village, or be located within 1,000 feet of the property line of a preexisting public or private preschool or elementary or secondary school or day care center, park, place of worship, or public library within or outside the village. 2 DeKalb 250 feet of the property line of a nursery school, preschool, primary or secondary school, daycare center, daycare home, or an academic building or residence hall of a State university. An adult-use cannabis dispensary organization may not be located within 1,500 feet of the property line of a pre-existing adult-use cannabis dispensary organization 2 Naperville 1,000 feet of a pre-existing primary or secondary school learning centers, fitness facilities, preschools, day care centers, and residential care homes. 3 St. Charles 1,000 feet of the property line of a preexisting public or private preschool or elementary or secondary school or day care center, day care home, group day care home, or part day childcare facility. 2 Aurora 750 feet, measured from property line to property line, of a grade school, middle school, alternative school, or high school. 4 Joliet 1,000 feet of the property line of a pre -existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day childcare facility, another dispensary, or an area zoned for residential use. 2 Bolingbrook 1,000 feet of the perimeter of school grounds, a playground, a recreation center or facility, a childcare center, a public park or public library, or a game arcade. 1 Oswego 500 feet of a lot zoned or used for residential purposes, or any residential care facility, day care center, day care home, school, college, university, or park. If a residential zone is separated from a cannabis business by a major state roadway, the minimum spacing may be reduced to 250 feet 2 Morris 250 feet of the property line of a preexisting public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. 1 Cannabis Dispensaries in Other Municipalities Based on the surrounding codes, the requested variance from five hundred feet (500’) to four hundred sixty feet (460’) would be consistent with other communities’ minimum distance requirements. In order to understand the reality of these communities, I have organized the dispensaries into two categories: dispensaries that are near residential areas, and dispensaries that are near schools. These are examples to help understand how other municipalities have handled planning of cannabis dispensaries. Please note that not all dispensaries researched were in the vicinity of these areas, and everything listed is public record. Cannabis Dispensaries Located Near a Daycare or School Use Municipality Distance/Land Use Carol Stream ~219.3 feet from a daycare Naperville ~970 feet from a daycare St. Charles ~560 from a school *As measured property line to property line. **Measurement based upon ariel GIS The dispensary listed for Carol Stream is ~219.3 feet from a daycare, which is against their Village code. Based on Carol Stream’s UDO, a cannabis dispensary is required to be 1,000 feet from a daycare. When looking for an application for variance and approval, I did not find anything about a variance, only a special use application. I did find a public hearing before the Planning and Zoning commission, and based on the transcript, the dispensary was within code, even with their proximity to the daycare. The application was approved by both the PZC and the Village board. This leads me to believe that either the variance was included in the special use, and not clearly communicated to the public, or the code was adjusted prior and the UDO was not updated. The dispensary is located near commercial retailers, the daycare, and restaurants. The dispensary listed for Naperville is ~970 feet from a daycare, which is against Naperville’s code. However, the daycare is in Lisle, so no action was taken by the City of Naperville or the petitioner. This dispensary is located near a strip mall, and other commercial uses. The distance listed for the dispensary in St. Charles is not against their code, but it is important to note because of its proximity to a school use. The dispensary is located near a University of Illinois extension, residential use, and is in a strip mall. Cannabis Dispensaries Located Near a Residential Use Municipality Distance/Land Use Morris ~433.8 feet from a single-family residence Oswego ~112 from duplexes Bolingbrook ~290 feet from townhomes St. Charles ~180 feet from a residential area *As measured property line to property line. **Measurements based upon ariel GIS While this distance is not against Morris’ code, it would be prohibited by several other municipalities that I researched. The dispensary, according to ariel GIS, is generally isolated by trees, so the residential area has no view of the dispensary. There are no other commercial uses for a stretch, besides the golf course on the other side of the street. The dispensary listed for Oswego is ~112 feet from duplexes, which is against their Village code. According to Oswego’s online code and UDO, the minimum distance from residential areas is five hundred feet (500’). When looking for the variance approval, I found a staff report stated that “facility may not be located within 250 feet of a preexisting incorporated public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home, and park.” This note leads me to believe that the code was altered at some point, leading to the approval of this dispensary. The dispensary is located in a strip mall, while the duplexes are located across the street. The distances listed for St. Charles and Bolingbrook is also not permitted by their codes, but I thought they were important to note because of their proximity to residential areas. The townhomes in Bolingbrook are located across the street, while the dispensary is located near business and restaurants. In St. Charles, the dispensary is in a strip mall with various uses and businesses, with the multi-family housing located behind the strip mall. Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Date: July 9, 2024 To: Krysti Barksdale-Noble (Community Development Director) From: James Jensen (Chief of Police) Reference: Plan Review – PZC 2024 – 19 (Cannabis Dispensary (Consume Cannabis) Project Name: Cannabis Dispensary (Consume Cannabis) Applicant Name: Steve Weber (PTS Corp) Petitioner Name: Steve Weber (PTS Corp) Project Number: PZC 2024 - 19 Project Location: 1508 N. Bridge Street The comments listed below are referenced to the above project: Signage Handicapped Signage Required: __X__ Yes _____ No Comments: On-Site handicapped parking requirements. **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: • No parking locations must be posted with appropriate signage Dedicated Parking signage needed? ____ Yes __X__ No ____ Located by Park ____ School ____ Common Parking Area Are there Street Name Conflicts? ____ Yes __X__ No Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 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? ____ Yes ____ No Concerns as listed below: Landscape Low Growth or Ground Cover Landscaping? __X__ Yes ____ No Low Growth or Ground Cover Landscaping by windows? __X__ Yes ____ No Low Growth or Ground Cover Landscaping by Entrances __X__ Yes ____ No Comments: Low growth landscaping follows best practice CPTED standards. Ingress / Egress Entrance/Exits match up with adjacent driveways? ____ Yes __X__ No Total Entrance/Exits for development? __2__ Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Are vehicle entrance/exits safe? __X__ Yes ____ No Are warning signs for cross traffic requested? ____ Yes __X__ No Raised Median & Signage for Right in & Right Out? ____ Yes __X__ No Concerns: N/A Emergency Contact for after hours during construction: Information needed Is this a gated or controlled access development? ____ Yes ____ No If yes, will Police & Fire have Access? ____ Yes ____ No Comments: Emergency after hour contact information should be provided. 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 __X__ No ____ Stop Signs ____ Yield Signs ____ NO Motorized Vehicles ____ Trespassing ____ Other _______________________________________ Are there HOA Controlled Roadway OR Parking Areas? ____ Yes __X__ No Ample Parking on Site? __X__ Yes ____ No Are there other City Ordinance Concerns? ____ Yes __X__ No ____ Noise Ordinance ____ Parking Ordinances ____ Alarm Ordinance Security Will security cameras be in use? __X__ Yes ____ No Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Comments: 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? __________________________________ Will the property be alarmed? ____ Yes ____ No Comments: Will the building be alarmed? Will the Secured Waste be alarmed? Will you provide Floor Plans/Maps to the police department ____ Yes ____ No Comments: • Will maps/floorplans be provided to the police department for emergency purposes only? • Will there be on-site security? I hope you find this information helpful, and we look forward to reviewing the revisions. If you should have any questions, comments, or concerns please do not hesitate to contact me. (630) 318-8000 4801 Emerson Ave. Palatine, IL 60067 www.ptsillinois.com To United City of Yorkville: Below are answers to the general zoning/planning comments: 1-PTS Corp. acknowledges that there will not be any on-premises permitted. 2-please see attached 3-All 2,696 sq ft will be used for the dispensary operation. No food or alcohol for consumption will be sold on the premises. 4-There will not be any e-commerce delivery services offered. 5- We will not be requesting the drive thru use at this time. 6-Per our request to be open from 9am-9pm M-Sat and 10am-6pm Sunday. We wanted to at least match or closely match their operating hours to maintain competitiveness. The two closest competitor’s hours are as follows: Market 96 Oswego 1144 Douglas Rd. Sun-Thurs-9am-9pm F-Sat-9am-10pm Ivy Hall Montgomery 1970 Caterpillar Dr. M-Thursday- 9am-9pm F-Sat-9am-10pm Sun 9am-7pm 7-please see attached 8-meeting will be held on 9/12 from 4pm-6pm at Hampton Inn 310 East Countryside Parkway Yorkville, IL 9a-9b-9c see attachment 9d- see attachment (630) 318-8000 4801 Emerson Ave. Palatine, IL 60067 www.ptsillinois.com 9e-18-20 Hourly employees plus 2 salaried managers 9f- We will be selling all state tested and state compliant cannabis products in multiple formats: All the cannabis products are in state compliant sealed child resistant packaging. Cannabis Flower, Cannabis vapes, cannabis infused edibles, cannabis infused drinks. We will also be selling accessories such as rolling papers along with some T-shirts and hats. 9g-see attachment 9h-see attachment 9i-see attachment PIN OWNER BILLING ADDRESS Zoning distance property line to property line Land Use 228176012 FIRST NATIONAL BANK OF OMAHA TR NO 1695 C/O KISHOR PATEL 1510 N BRIDGE ST YORKVILLE, IL 60560 B-3 0 ft empty land 228176015 FIRST NATIONAL BANK OF OMAHA TR NO 1695 C/O KISHOR PATEL 1510 N BRIDGE ST YORKVILLE, IL 60560 B-3 0 ft Super 8 motel 228126015 MENARD INC EAU CLAIRE, WI 54703 B-3 174 ft empty land 228176025 H D & B PARTNERSHIP ELLIS CHARLES RICHARD & RITA ANNE TRUST & 416 SAN CARLOS RD MINOOKA, IL 60447 B-3 255 ft empty land 228176023 TOD & KARLA DUY TR 1290 CINDY LN SANDWICH, IL 60548 B-3 192 ft shoe store 228176021 WILLIAMS GROUP LLC VETERANS PLAZA 107 S BRIDGE ST YORKVILLE, IL 60560 B-3 216 ft vape & salon 228176024 1820 INVESTMENTS LLC 135 E VAN EMMON ST YORKVILLE, IL 60560 B-3 250 ft real estate office 228176019 % GRAHAM C STORES MACKIN LAND COMPANY LLC 39109 N US HIGHWAY 41 WADSWORTH, IL 60083-8915 B-3 128 ft BP gas station 228176018 YORKVILLE MOOSE LODGE 2371 1502 N BRIDGE ST YORKVILLE, IL 60560 B-3 0 ft moose lodge 228126006 CIG TSP LLC ET AL 150 BOUSH ST STE 300 NORFOLK, VA 23510 B-3 0 ft self storage facility 228126005 JAY LLC CHEHAR 1604 BRIDGE ST N YORKVILLE, IL 60560 B-3 100 ft Dunkin Donuts 228126003 ALDI INC 1 ALDI DR DWIGHT, IL 60420 B-3 190 ft Aldi 228126019 BRENART EYE CLINIC 120 E COUNTRYSIDE PKWY YORKVILLE, IL 60560 B-3 460 ft Parkview acadamy 228104023 NELSON MEMORIAL SERV PC 410 COUNTRYSIDE PKWY E YORKVILLE, 60560 Kendal Crossing PUD 430 ft Nelson Funeral Homes 228104033 KENDALL CROSSING LLC 207 W KENDALL DR YORKVILLE, IL 60560 Kendal Crossing PUD 435 ft station one bbq 228104038 % JAMES RATOS CASTLE BANK NA TRUST 207 W KENDALL DR YORKVILLE, IL 60560 Kendal Crossing PUD n/a private road 228104039 KENDALL CROSSING 207 W KENDALL DR YORKVILLE, IL 60560 Kendal Crossing PUD n/a empty land 228104032 NCG YORKVILLE INC 314 E COMSTOCK OWOSSO, MI 48867 Kendal Crossing PUD 144 ft NCG Cinemas 228104025 1ST ST BANK TR OF HAN PK C/O % EQUILON ENTERPRISES LLC PO BOX 347 COLUMBUS, IN 47202 Kendal Crossing PUD 150 ft Shell gas station 228104026 FRANCHISE REALTY INVESTMENT TRUST C/O SCHMITT YORKVILLE LLC 1975 W DOWNER PL # 302 AURORA, IL 60506 Kendal Crossing PUD 495 ft McDonalds 228104031 FRANCHISE REALTY INVESTMENT TRUST C/O EDWARD SCHMITT JR.1975 W DOWNER PL # 302 AURORA, IL 60506 Kendal Crossing PUD 467 ft McDonalds 228104030 CASTLE BANK TRUST 207 W KENDALL DR YORKVILLE, IL 60560 Kendal Crossing PUD n/a empty land 228177033 MCOH1 0241 JP MORGAN CHASE BANK NA LERETA/TEXAS PO BOX 35605 DALLAS, TX 75235 B-3 495 ft chase bank 228177034 OREILLY AUTO ENTERPRISES LLC PO BOX 9167 SPRINGFIELD, MO 65801-9167 B-3 495 ft O'Riley Auto Parts EXECUTION VERSION 1 SUBLEASE This Sublease (“Sublease”) is made and entered into as of June 27, 2024 (“Effective Date”), by and between Leahy Enterprises 2 LLC, an Illinois limited liability company (“Sub- Sublandlord”), and Kechwa LLC, an Illinois limited liability company (“Sub- Subtenant”). RECITALS A. Sub-Sublandlord is the “Subtenant” under that certain Sublease dated on or about June 27, 2024 with RHS Yorkville, LLC, an Illinois limited liability company (“Sublandlord”), as “Landlord” (“Original Sublease”), pursuant to those terms and conditions under that certain Ground Lease Agreement by and between Sublandlord and Fort Smith FD Partner, LLC (“Master Landlord”) (the “Master Lease”), together with the Original Sublease is hereinafter referred to as the “Lease”) relating to those certain leased premises consisting of approximately 3,145 rentable square feet (as more particularly defined in the Lease and herein as the “Premises” or the “Leased Premises”) in the building commonly known as 1508 N. Bridge St, Yorkville, IL 60560 (“Building”); and B. Subject to the terms and conditions set forth herein, Sub-Sublandlord desires to sublease the Leased Premises to Sub-Subtenant and Sub-Subtenant desires to sublease the Leased Premises from Sub-Sublandlord. STATEMENT OF AGREEMENT NOW, THEREFORE, in consideration of the Recitals, all of which are incorporated herein by this reference, the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Sub- Sublandlord and Sub-Subtenant hereby agree as follows: 1. SUBLEASE. Sub-Sublandlord hereby subleases and demises to Sub-Subtenant, and Sub-Subtenant hereby subleases from Sub-Sublandlord, the Leased Premises, upon and subject to the terms, covenants and conditions set forth herein and in the Lease. Sub-Subtenant acknowledges and agrees that this Sublease is subject and subordinate to the Lease. Notwithstanding anything contained herein to the contrary, Sub-Sublandlord will remain bound by and liable for compliance with the terms and covenants of the Lease and Sub-Subtenant shall have no liability to Sub-Sublandlord for any breach of the Lease. In addition, (a) Sub-Sublandlord agrees to be bound to the covenants of the Lease to pay rent and other amounts due to Landlord due under the Lease, and (b) Sub-Sublandlord further agrees to take no action (or fail to take any action required of Sub-Sublandlord) under the Lease that would constitute a default under the Lease or result in Landlord terminating Sub-Subtenant’s right to possession of the Leased Premises during the Term, except and to the extent the same arises out of Sub-Subtenant’s default in the performance of its obligations hereunder. 2. TERM. The term of this Sublease (“Term”) shall commence on the occurrence of the following events: (a) receipt by Sub-Subtenant of an Adult Use Dispensing Organization License the (“Dispensing Organization License”), issued by the IDFPR, pursuant to Section 15- 36 of the Illinois Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq (the “Dispensing 2 Organization License Receipt”); and (b) receipt of all approvals from all applicable governmental authorities necessary for Sub-Subtenant to use and occupy the Leased Premises for the Permitted Use, including, without limitation, a certificate of occupancy, and (c) completion of the Improvements (defined below) (the “Commencement Date”). The Term shall expire on the earlier to occur of the following: (a) the date of termination of the Membership Interest Purchase Agreement among the Sub-Subtenant, Sub-Sublandlord, PTS Corp. (or its affiliate), and sellers signatory thereto, dated on or about the date hereof (the “Purchase Agreement”) or (b) pursuant to the date of termination of the Lease, or (c) the date Sub-Sublandlord (or its affiliates) is no longer the “Tenant” under the Lease, or (d) unless sooner terminated as provided herein. Sub- Subtenant acknowledges and agrees that Sub-Sublandlord shall have no obligation (and Sub- Subtenant shall have no right) to exercise any right to extend the Term of the Lease, including, but not limited to, any of the three (3) Option Periods. Sub-Sublandlord shall deliver possession of the Leased Premises to Sub-Subtenant with all Improvements (defined below) in compliance with all applicable laws (including without limitation, building or construction rules, laws, regulations, zoning laws, and IDFPR regulations) on the date that the Company receives an Adult Use Dispensing Organization License the (“Dispensing Organization License”), issued by the IDFPR, pursuant to Section 15-36 of the Illinois Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq (the “Dispensing Organization License Receipt”). Sub-Sublandlord and Sub- Subtenant hereby agree that this Sublease will be in force and effect and binding on Sub- Sublandlord and Sub-Subtenant as of the Effective Date, subject however to Sub-Sublandlord’s right to use and occupy the Leased Premises for the purpose of constructing the Improvements (as hereinafter defined), notwithstanding the fact that the Commencement Date will commence after the Effective Date. 3. IMPROVEMENTS; REPAIR; UTILITIES. Sub-Sublandlord shall be responsible, at its sole cost and expense, for obtaining all governmental permits, approvals, licenses, and other consents as necessary for the performance of the Improvements. Sub- Sublandlord will maintain possession and control of the Leased Premises prior to the Commencement Date and during the Term may occupy and is granted a license to operate the Leased Premises for any purpose, including, without limitation, repair, maintenance, operations, security, constructing the Improvements (as hereinafter defined), in each case at Sub- Sublandlord’s sole cost and expense. Sub-Sublandlord shall be responsible for and promptly pay, as and when required under the Lease or otherwise, any and all additional costs related to the Lease. Sub-Sublandlord will be responsible and liable for payment of all taxes, utilities and insurance related to the Leased Premises and Permitted Use. 4. USE. Master Landlord, Sublandlord, Subtenant, and Sub-Subtenant hereby agree that the Permitted Use of the Property shall be for the purpose of operating a cannabis dispensary, consumption lounge, restaurant, and any ancillary and associated uses. Any other use shall require the prior written consent of Sublandlord and Master Landlord. Notwithstanding the foregoing, Sub-Subtenant shall in no event use the Sub-Sublease Premises in a way that will violate the terms, conditions, covenants, or restrictions of the Master Lease or any applicable law, ordinance, covenant or government requirement of any kind. 5. RENT. Beginning on the Commencement Date, monthly rent during the applicable term in the amounts as shown on Schedule 1 hereto (the “Sublease Base Rent”; together with any Additional Rent (as defined in the Lease, the “Rent”). The Rent shall be accrued 3 and due and payable solely from the available revenues of the operations of the Dispensary after payment of all other expenses related to the operations of the Dispensary have been paid. For avoidance of doubt, Sub-Subtenant (or its affiliates) will have no recourse or liability whatsoever for payment of the Rent other than out of the revenues of the Dispensary. In addition, the Rent shall be subordinate to any amounts then due and payable for taxes, third party vendors, employees, contractors, and any other non-affiliated third-party expenses incurred in connection with the establishment and operations of the Dispensary. Rent or other amounts not paid hereunder due to subordination of any of the expenses identified in the immediately preceding sentence will not be deemed to be a default of this Agreement. Notwithstanding the foregoing or anything contained herein or other agreement to the contrary, in the event that this Agreement is terminated for any reason, except in the event termination of this Agreement is caused by Sub-Subtenant’s material default (subject to a 30 day cure period upon written notice) in the performance of its obligations hereunder or other act in material breach of this Agreement and not due to Sub-Sublandlord’s (or its agents or representatives) acts, omissions or guidance, Sub-Subtenant shall have no liability whatsoever for any accrued and unpaid Rent. This Agreement shall be subject to the limitations on liability set forth in the Purchase Agreement related to Dispensary Related Agreements (as defined in the Purchase Agreement). 6. GUARANTY. The Lease Guaranty from the Original Sublease shall apply to this Sub-Sublease, attached hereto as Exhibit A. 7. INDEMNIFICATION. Except and to the extent arising solely and directly from the grossly negligent or willful misconduct of Sub-Subtenant (not including any principal officers appointed by an affiliate of Sub-Sublandlord), Sub-Sublandlord shall indemnify and defend Sub- Subtenant against, and hold Sub-Subtenant harmless, from all claims, damages, costs, demands, liabilities and expenses (including reasonable attorneys’ fees) in respect to, or arising from: (i) the non-performance or non-observance of any of Sub-Sublandlord’s obligations under this Sublease, including Sub-Sublandlord’s obligations under, or with respect to, the Lease, (ii) the conduct, operation or management of Sub-Sublandlord’s business; (iii) any work or thing whatsoever done in or about the Leased Premises during the Term, including, without limitation, any accident, injury or damage whatsoever to any person or entity or to the property of any person or entity occurring in or about the Leased Premises at any time prior to the Commencement Date or during the Term, (iv) any claims against Sub-Subtenant made by Landlord, or (v) any claims related to the Permitted Use by any person or governmental authority. 8. INSURANCE. At Sub-Sublandlord’s sole cost and expense, Sub-Sublandlord on its behalf and on behalf of Sub-Subtenant shall obtain and maintain, at all times, insurance coverages of the types, and in the amounts and limits, required to maintained by Sub-Sublandlord and Sub-Subtenant under the Lease, and such additional insurance as may be required by applicable law, including without limitation, the IDFPR and CRTA (“Requisite Coverage”). Such insurance shall name Sub-Subtenant and Sub-Sublandlord, Sublandlord, and Master Landlord if applicable, and any other persons or entities required under the Lease as additional insureds thereunder. Sub-Sublandlord shall deliver to Sub-Subtenant, Sublandlord, and Master Landlord (if applicable) certificates of insurance confirming that the Requisite Coverage is or will be in full force and effect not later than the Commencement Date and if the same does not reflect the Requisite Coverage will remain in effect for the balance of the Term, then a replacement certificate 4 shall be provided to Sub-Subtenant, from time to time during the Term, not later than 10 days prior to the stated expiration date of any portion of the Requisite Coverage. 9. ASSIGNMENT AND SUBLEASE. Sub-Subtenant shall not: (a) assign, pledge or encumber this Sublease, (b) sublease the Leased Premises, or any part thereof, (c) assign, transfer, convey or pledge all or substantially all of its assets, or (d) other than as provided in the Purchase Agreement, permit or consent to the assignment, transfer, conveyance or pledge of any of the membership or other ownership interests of Sub-Subtenant. 10. CONDITION OF PREMISES. Sub-Sublandlord shall deliver and maintain the Leased Premises in good working condition during the Term, in accordance with all applicable laws, including the IDFPR and CRTA and subject to Landlord’s consent where required. Sub- Sublandlord, at its expense, shall at all times maintain the Leased Premises and every part thereof and all equipment, fixtures and improvements therein in good and sanitary order, condition and repair in accordance with the requirements of the Lease and in compliance with applicable law for operating a Dispensary. In addition, Sub-Sublandlord shall be responsible for Sub-Subtenant adhering to storage, inventory and security guidelines proposed by the IDFPR or any other law, zoning board or regulations governing operations of a Dispensary. Any work required to prepare the Leased Premises for its occupancy and operating a Dispensary shall be at the sole cost and expense of Sub-Sublandlord and shall be subject to all of the conditions set forth in the Lease. The provisions of the preceding paragraph notwithstanding, following the Effective Date, Sub-Sublandlord shall construct at the Leased Premises, at its sole cost and expense, the improvements necessary for Sub-Subtenant to operate and continue to operate the Leased Premises as an adult use cannabis dispensary (“Dispensary”) in accordance with all applicable laws, codes and regulations pertaining thereto (“Improvements”) and in accordance with Section 12 of the Lease. Prior to the Commencement Date, Sub-Subtenant shall not occupy or use the Leased Premises for any purpose nor shall it access the Leased Premises without first notifying Sub- Sublandlord, Sublandlord, and Master Landlord in writing at least forty-eight (48) hours prior to the desired access. Any representative, agent, contractor, employee, licensee or invitee of Sub- Subtenant gaining access to the Leased Premises prior to Commencement Date must be accompanied by a representative of Sub-Sublandlord. 11. RELATIONSHIP TO ORIGINAL SUBLEASE AND MASTER LEASE. (a) Except as expressly set forth herein to the contrary, this Sublease is subject and subordinate to the terms of the Original Sublease and Master Lease, and to all leases, mortgages and other rights and encumbrances to which the Original Sublease and Master Lease are subject or subordinate. This provision is self-operative, but Sub-Subtenant shall within ten (10) days of Sub-Sublandlord’s, Sublandlord’s, or Master Landlord’s request execute any instrument reasonably requested by Sub-Sublandlord, Sublandlord or Master Landlord to evidence or confirm the same (b) Except to the extent expressly or by reasonable implication inconsistent herewith, all terms and conditions of the Lease are incorporated herein, all references to Master Landlord therein shall apply to Sub-Sublandlord herein, all references to “Tenant” therein shall apply to 5 Sub-Subtenant herein, all references to the “Premises” therein shall apply to the Sublease Premises herein, and Sub-Subtenant shall perform and observe the terms and conditions to be performed on the part of the Sub-Sublandlord under the Master Lease with respect to the Premises other than those obligations that conflict with Sub-Subtenant’s Permitted Use and/or are specific to Sub- Sublandlord’s obligations related to Sub-Sublandlord’s intended use. If Sub-Subtenant shall default hereunder and, following notice of such default, not cure such default within the time permitted for cure of such default under the Lease, Sub-Sublandlord shall have all remedies against Sub-Subtenant provided for Sublandlord under the Original Sublease and Master Landlord under the Master Lease, and if such default shall constitute a default under the Original Sublease or the Master Lease, the parties acknowledge that Sublandlord and Master Landlord shall have all remedies available to Sublandlord and Master Landlord thereunder. If the Sub-Subtenant shall default hereunder and, following notice of such default, not cure such default within the time permitted for cure of such default under the Master Lease, less five (5) days, then Sub-Sublandlord shall have the right, at Sub-Subtenant’s full cost and expense, to cure such default. In the event that the Original Sublease or Master Lease shall terminate for any reason, this Sublease shall automatically terminate. Sub-Sublandlord shall not be liable for any such termination unless such termination shall have arisen out of an action, inaction, omission or default by Sub-Sublandlord under the Master Lease, but which default did not arise out of a default by Sub-Subtenant hereunder. (c) Sub-Subtenant agrees to look solely to the Master Landlord, and not to Sublandlord or Sub-Sublandlord, for the performance of all services and obligations of the Master Landlord under the Master Lease with respect to the Sublease Premises, except for those specifically required to be performed by Sub-Sublandlord. At Sub-Subtenant’s expense and request, Sub- Sublandlord will take all reasonable actions necessary to enable Sub-Subtenant to enforce the Sub- Sublandlord’s rights as tenant under the Master Lease with respect to the Sublease Premises. 6 Except as expressly modified herein, Sub-Subtenant shall perform all of its obligations hereunder at such times, by such dates or within such periods as Sub-Sublandlord shall be required to perform its corresponding obligations under the Original Sublease and Master Lease. If Sublandlord or Master Landlord shall give any notice of failure or default under the Original Sublease or Master Lease arising out of any failure by Sub-Subtenant to perform any of its obligations hereunder, then Sub-Sublandlord shall promptly furnish Sub-Subtenant with a copy thereof. In no event shall this Paragraph extend the time, date or period by or within which Sub-Subtenant is required to perform as set forth in this Sublease. If Sub-Subtenant shall fail to perform any of its obligations hereunder and such failure shall continue beyond any cure period provided for herein, or if Sublandlord or Master Landlord shall give any notice of failure or default under the Original Sublease or Master Lease arising out of any failure by Sub-Subtenant to perform any of its obligations hereunder, then in either case, Sub-Sublandlord shall have the right (but not the obligation) to perform or endeavor to perform such obligation, at Sub-Subtenant’s expense, and Sub- Subtenant shall, within ten (10) days of Sub-Sublandlord’s demand from time to time, reimburse Sub-Sublandlord for all costs and expenses incurred by Sub-Sublandlord in so doing. 12. SURRENDER. Upon the expiration or earlier termination of this Sublease, Sub- Subtenant shall promptly vacate the Leased Premises and deliver possession thereof to Sub- Sublandlord. In the event the Lease requires any repairs, maintenance or replacements to be performed in order to deliver the Leased Premises in the requisite condition, or otherwise requires any alterations, improvements, equipment, fixtures or other property to be removed or placed in a different condition, then Sub-Sublandlord shall timely perform the same, at its sole cost and expense, prior to the expiration of the Term or the earlier termination thereof. 13. NOTICES. All notices and other communications required or permitted under this Sublease shall be given in the same manner as in the Lease. Notices shall be addressed to the addresses set forth below: 7 If to Sub-Sublandlord: If to Sub-Subtenant: Leahy Enterprises 2, LLC 17w161 Leahy Road Oakbrook Terrace, IL 60181 Email: will@baselinedistribution.com Kechwa LLC c/o Amalia Rioja 740 Ashland Ave. River Forest, IL 60305 Email: amalia@riojallc.com With a copy to: Javier Sandoval c/o Irina Dashevsky Greenspoon Marder LLP 227 West Monroe St. Ste. 3950 Chicago, IL 60606 E-mail: Irina.dashevsky@gmlaw.com Damien1js@gmail.com Ashley Brandt, Tucker Ellis, LLP 233 S. Wacker Drive, Suite 6950 Chicago, IL 60606 Email: Ashley.Brandt@TuckerEllis.com or at such other address(es) as either party may hereafter notify the other in writing. 14. BINDING EFFECT. This Sublease shall be binding upon and inure to the benefit of Sub-Sublandlord and Sub-Sublandlord’s successors and assigns. This Sublease shall be binding upon and inure to the benefit of Sub-Subtenant and its successors and permitted assigns. 15. NO WAIVER. The receipt by Sub-Sublandlord of any Rent with knowledge of the breach of any covenant of this Sublease by Sub-Subtenant shall not be deemed a waiver of such breach or any subsequent breach of this Sublease by Sub-Subtenant and no provision of this Sublease shall be deemed to have been waived by Sub-Sublandlord unless such waiver be in writing signed by Sub-Sublandlord. 16. TIME. Time is of the essence of this Sublease and the performance of all obligations of Sub-Subtenant and Sub-Sublandlord under this Sublease. 17. COUNTERPARTS. This Sublease may be executed in multiple counterparts and shall be valid and binding with the same force and effect as if all parties had executed the same Sublease. A fully executed .pdf or facsimile copy of this Sublease shall be effective as an original. [Signature Page Follows] 8 IN WITNESS WHEREOF, Sub-Sublandlord and Sub-Subtenant have caused this Sublease to be duly executed as of the Effective Date. SUB-SUBLANDLORD: Leahy Enterprises 2, LLC, an Illinois limited liability company By: _______________________________ Name:_____________________________ Its: ________________________________ Sublandlord Consent: Landlord hereby consents to Sub- Sublandlord’s sublease of the Leased Premises to Sub-Subtenant upon the terms and conditions set forth in the above Sublease. RHS Yorkville LLC, an Illinois limited liability company By: _______________________________ Its: ________________________________ SUB-SUBTENANT: Kechwa, LLC, an Illinois limited liability company By: _______________________________ Name:_____________________________ Its: ________________________________ Date: ____________ ____, 2024 (“Sublandlord’s Consent Date”) DocuSign Envelope ID: 64539F76-6636-450D-9029-73DDD77A7027 Amalia Rioja CEO 8 IN WITNESS WHEREOF, Sub-Sublandlord and Sub-Subtenant have caused this Sublease to be duly executed as of the Effective Date. SUB-SUBLANDLORD: Leahy Enterprises 2, LLC, an Illinois limited liability company By: _______________________________ Name:_____________________________ Its: ________________________________ Sublandlord Consent: Landlord hereby consents to Sub- Sublandlord’s sublease of the Leased Premises to Sub-Subtenant upon the terms and conditions set forth in the above Sublease. RHS Yorkville LLC, an Illinois limited liability company By: _______________________________ Its: ________________________________ SUB-SUBTENANT: Kechwa, LLC, an Illinois limited liability company By: _______________________________ Name:_____________________________ Its: ________________________________ Date: ____________ ____, 2024 (“Sublandlord’s Consent Date”) DocuSign Envelope ID: 1470382C-61E7-457C-9E14-7E4172DB544B Manager 6/27/2024 9 Schedule 1 Term Annual Base Rent Monthly Base Rent Rent Commencement Date – October 31, 2025 $118,000.00 $9,833.33 November 1, 2025 – October 31, 2026 $121,540.00 $10,128.33 November 1, 2026 – October 31, 2027 $125,186.20 $10,432.18 November 1, 2027 – October 31, 2028 $128,941.79 $10,745.15 November 1, 2028 – October 31, 2029 $132,810.04 $11,067.50 November 1, 2029 – October 31, 2030 $136,794.34 $11,399.53 November 1, 2030 – October 31, 2031 $140,898.17 $11,741.51 November 1, 2031 – October 31, 2032 $145,125.12 $12,093.76 November 1, 2032 – October 31, 2033 $149,478.87 $12,456.57 November 1, 2033 – October 31, 2034 $151,250.00 $12,604.17 November 1, 2034 – October 31, 2035 $151,250.00 $12,604.17 10 EXHIBIT A GUARANTY June, 27 2024 PTS Corp., having an address for notices at 4801 Emerson Ave, Suite 112, Palatine, IL 60067, and an email address of: compliance@ptsgrows.com, as an individual (the “Guarantor”), have requested RHS Yorkville LLC, an Illinois limited liability company, having an address for notices of 7912 Tanglewood Trails Drive, Yorkville, Illinois 60560 (collectively with its successors and assignees, “Sublandlord”), to enter into both a Sublease (the “Sublease”) of even date herewith with Leahy Enterprises 2 LLC, an Illinois limited liability company (the “Subtenant”) and a Sub-Sublease (the “Sub-Sublease”) of even date herewith with Kechwa LLC, an Illinois limited liability company (“Sub-Subtenant”). The Subtenant and Sub-Subtenant shall be referred collectively as the “Subtenants”, and the Sublease and Sub-Sublease shall hereinafter be referred to collectively as the “Subleases”. Any defined term that is not defined herein shall have its meaning in the Sublease. 1. GUARANTY. a. To induce Sublandlord to enter into the Subleases and in consideration of Sublandlord entering into the Subleases, Guarantor hereby guarantees, unconditionally and absolutely, to Sublandlord the full and faithful keeping, payment, performance and observance of all of Tenant’s obligations under the Subleases, whether payment, performance (affirmative or negative), or otherwise (collectively, the “Obligations”). Commencing after the date of any default under the Subleases, Guarantor’s liability pursuant to this Guaranty shall in no event be greater than the sum of five (5) years of Obligations under the Lease, commencing after the date of any default. b. Term. The obligations contained herein shall terminate on the date in which (i) the Sublease has expired or been earlier terminated, and (ii) all Obligations have been satisfied by Subtenants as provided thereunder. 2. AMENDMENTS. If (a) the Sublease be renewed or the Term be extended, (b) additional space be included in or substituted for all or any part of the Premises, or (c) the Sublease be otherwise amended or modified by agreement between Sublandlord and Subtenant, the Obligations shall extend and apply with respect thereto. Guarantor waives any right to approve, consent, or be notified of any renewal, extension, amendment, or other modification to the Sublease. 3. CERTAIN WAIVERS, REQUIREMENTS, AND CONDITIONS. a. The obligations of Guarantor hereunder shall not be affected by any of the following: (a) the release or discharge of Subtenants in any creditors’, receivership, bankruptcy, reorganization, insolvency, or other proceedings; (b) the rejection or disaffirmance in any such proceeding of the Subleases or any portion thereof; (c) the impairment or modification of the Subleases or any portion thereof, any remedy for the enforcement thereof, or the estate of Subtenants in bankruptcy that results from any present or future federal or state bankruptcy law or any other law of any kind or from the decision or order of any court or other governmental authority; (d) any defense of Subtenants; (e) the cessation of the 11 liability of Subtenants for any cause whatsoever; or (f) any disability or defense of any kind of Guarantor now existing with respect to any of the Obligations or any provision of this Guaranty. b. Guarantor, with respect to its liabilities and obligations under this Guaranty, hereby waives (i) all rights that are waived by Subtenants under the Subleases, (ii) any requirement of notice of non-payment, non-keeping, non-performance, or non-observance by Subtenants, (iii) any proof of notice of demand to Guarantor, (iv) any right to require that any action be brought against Subtenants or to require that resort be had to any security or to any other credit in favor of Subtenants; and (v) any right to interpose any counterclaim of whatever nature or description in any proceedings by Sublandlord pertaining to this Guaranty or the Subleases. If this Guaranty is held ineffective or unenforceable by any court of competent jurisdiction, then, at the election of Sublandlord, Guarantor shall be deemed to be a “Subtenant” under the Sublease with the same force and effect as if Guarantor were expressly named as a joint Subtenant therein and with joint and several liability. Guarantor hereby agrees that Guarantor may be joined in any action against Subtenant in connection with the Sublease, and recovery may be had against Guarantor in such action or in any independent action against Guarantor without Sublandlord first pursuing or exhausting any remedy or claim against Subtenant. Guarantor also agrees that, in any jurisdiction, it will be conclusively bound by the judgment in any such action by Sublandlord against Subtenant (wherever brought) as if Guarantor were a party to such action even though Guarantor is not joined as a party in such action. c. Guarantor’s obligations under this Guaranty shall not be terminated or affected in any way or manner whatsoever by (a) Sublandlord’s resort, or Sublandlord’s omission to resort, to any summary or other proceedings, actions, or remedies for the enforcement of any of Sublandlord’s rights under the Sublease, (b) any extensions of time or indulgences granted by Sublandlord, or (c) the assignment or surrender of all or any part of the Sublease or the Term and estate thereby granted or all or any part of the Premises except to the extent that Subtenant is released in writing by Sublandlord from any obligation in connection with any such assignment or surrender. Without limiting the foregoing, Sublandlord’s consent to any subletting of all or any portion of the Premises by any party or to any assignment or assignments of the Sublease, and successive assignments by Subtenant and Subtenant’s assignees of the Sublease, made with notice to Guarantor, shall not in any manner release Guarantor from any liability hereunder. The liability of Guarantor is coextensive with that of Subtenant and also joint and several, and action or suit may be brought against Guarantor and carried to final judgment and/or completion and recovery had, either with or without making Subtenant a party thereto. Insofar as the payment by Subtenant of any sums of money to Sublandlord is involved, this Guaranty is a guaranty of payment and not of collection, and shall remain in full force and effect until all Obligations are satisfied d. Guarantor hereby subordinates, and shall cause each affiliate of Guarantor to subordinate, any claims or liens of Guarantor or any of its affiliates against Subtenants of any kind (including any right of Guarantor to a return of any capital contributed to Subtenants) to Guarantor’s obligations under this Guaranty and to any other claims or liens of Sublandlord against Subtenants or Subtenants’ assets. Upon any notice by Sublandlord to Subtenant of any default under the Sublease, Guarantor and its affiliates shall enforce any of their claims or liens as trustee for Sublandlord, and shall cause any receipts to be paid over to Sublandlord on account of the Subleases without affecting in any manner the liability of Guarantor under this Guaranty, except to the extent of such payment. As long as no such notice of default has been given, Guarantor and its affiliates may apply to their own accounts payments made by Subtenants. 4. REPRESENTATIONS AND WARRANTIES. Guarantor represents, warrants, and covenants the 12 matters written below to Sublandlord. a. Guarantor has a financial interest in Subtenants and will derive a substantial benefit from the Subleases. b. The most recent financial statements delivered by Guarantor to Sublandlord in connection with the Sublease or this Guaranty (i) are true and complete in all material respects; (ii) have been prepared in accordance with generally accepted accounting principles consistently applied; and (iii) fairly present the financial condition of Guarantor. No materially adverse change has occurred in the financial condition of Guarantor since the dates of such financial statements. No actions, suits, or proceedings are pending or, to the best of Guarantor’s knowledge, threatened against Guarantor that could materially and adversely affect its performance under this Guaranty. c. While a Default exists or a default under this Guaranty exists, Guarantor shall not sell, lease, transfer, lend, convey, or assign any of its assets (or any portion thereof) that would result in Guarantor’s inability to satisfy its obligations under this Guaranty. d. This Guaranty constitutes Guarantor’s valid and legally binding agreement in accordance with its terms. Neither the execution and delivery of this Guaranty nor the compliance with any of its terms or conditions will violate any presently existing law, regulation, order, writ, injunction or decree to which Guarantor is bound, or result in any default by Guarantor under any agreement to which it is a party. 5. BREACHES OR DEFAULTS BY GUARANTOR. a. The occurrence of any of the following, whether or not any performance or payment of the Subleases shall then be due, shall be a default under this Guaranty: (a) the dissolution, liquidation, bankruptcy, or insolvency of Guarantor; (b) the inability of Guarantor to pay its debts generally as they become due, or a general assignment by Guarantor for the benefit of creditors that would result in an inability of Guarantor to satisfy the obligations under this Guaranty; (c) any application for or consent to the appointment of a trustee, receiver, or other custodian for any Guarantor or any assets or property of any of them, or the institution of any proceeding by any Guarantor under any federal or state laws providing for the relief of debtors or otherwise alleging that such Guarantor is insolvent, bankrupt, or unable to pay its debts generally as they become due; (d) the institution of any proceeding against any Guarantor under any federal or state laws providing for the relief of debtors or otherwise alleging that any Guarantor is insolvent, bankrupt, or unable to pay its debts generally as they become due, which is not vacated within one hundred twenty (120) days of filing; (e) Guarantor breaches any of its representations or warranties in this Guaranty; or (f) Guarantor breaches or fails to perform any of its covenants, agreements, or obligations in this Guaranty. b. In connection with any default under this Guaranty, Sublandlord shall have all rights and remedies that may be available to it at law, in equity, or otherwise. 6. MISCELLANY. a. No waiver of any term, provision, condition, covenant or agreement in this Guaranty shall be effective unless set forth in a writing signed by Sublandlord and Guarantor, and any such waiver shall be effective only to the extent set forth in such writing. No failure to exercise or delay in exercising by Sublandlord of any right, power, or privilege in this Guaranty shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of 13 any other right or remedy provided by law, in equity, or otherwise. No consent or waiver, whether expressed or implied, by Sublandlord to or of any breach or default by any Guarantor in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of Guarantor hereunder. Failure on the part of Sublandlord to company of any acts, or failure to act or to declare a Default or a default under this Guaranty, irrespective of the length of such failure, shall not constitute a waiver by Sublandlord of its rights hereunder or impair any rights, powers, or remedies on account of any breach or default by Guarantor. b. All of Sublandlord’s rights and remedies under this Guaranty shall be distinct, separate, and cumulative. Within thirty (30) days of a written demand, Guarantor shall pay to Sublandlord all of Sublandlord’s reasonable costs and expenses in enforcing this Guaranty (including reasonable attorneys’ fees), provided Sublandlord was the prevailing party in such enforcement. c. All notices, requests, consents, approvals, demands and other communications required or allowed under this Guaranty (y) must be (i) in writing, (ii) delivered to the address/email address written in the preamble of this Guaranty (or to such other address/addresses as either party may from time to time specify in a notice to the other in accordance with this subsection), and (iii) delivered by email, personal delivery, a national overnight courier, or electronic mail; and (z) shall be effective when delivered or delivery is refused (whether affirmatively or due to the recipient failing to maintain a current address for receiving notices with the sender). d. Headings and titles in this Guaranty are for convenience only. Unless specifically written to the contrary, all instances of “include,” “including,” and other derivations of “include” shall mean “including, but not limited to,” or “including, without limitation,”. If any deadline or similar date herein falls on a non-business day, then such deadline shall be extended to the next business day. The invalidity or unenforceability of any provision of this Guaranty shall not affect or impair any other provisions of this Guaranty. e. This Guaranty shall be governed by, construed, and enforced in accordance with the laws of the State of Illinois. The exclusive venue and jurisdiction for any suit relating or pertaining to this Guaranty shall be any state or federal court located in Kendall County, Illinois. GUARANTOR WAIVES TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR CLAIM BROUGHT BY OR AGAINST IT IN CONNECTION WITH THIS GUARANTY. This Guaranty shall be binding on Guarantor and its successors and assignees,; provided, however, that Guarantor may not assign, delegate, or otherwise transfer any of its obligations under this Guaranty without Sublandlord’s prior approval, which may be withheld, delayed, or conditioned in Sublandlord’s sole discretion. f. This Guaranty is the complete and entire agreement between Sublandlord and Guarantor with respect to the subject matter hereof, and it supersedes all prior discussions, understandings, and agreements (whether oral or written) between the parties hereto with respect to the subject matter hereof. No modification or amendment of this Guaranty shall be binding on Sublandlord unless it is in writing and signed by Sublandlord. g. This Guaranty may be executed in counterparts, each of which shall be considered an original and all of which together shall constitute the same instrument. Counterparts to this Guaranty may be delivered by email or facsimile, each of which shall be as effective as originals for all purposes. [signature page follows] 14 IN WITNESS WHEREOF, Guarantor has executed this Guaranty as of the first date written above. GUARANTOR PTS CORP. By: __________________ Name: Title: 555 West Monroe Street, 5th Floor Chicago, Illinois 60661 ∙ (888) 473-4858 ∙ TTY (866) 325-4949 320 West Washington Street, 3rd Floor Springfield, Illinois 62786 ∙ (888) 473-4858 ∙ TTY (866) 325-4949 June 30, 2024 To Whom It May Concern, The Illinois Department of Financial and Professional Regulation (“Department”) has reviewed the materials submitted by KECHWA, LLC regarding whether it has found a location pursuant to Section 15- 25(e), Section 15-35(c) and Section 15-35.10(c) of the Cannabis Regulation and Tax Act (“CRTA”) for license no. 284.000203-CL. Pursuant to the aforementioned Sections of the CRTA, KECHWA, LLC has satisfied the requirement to find a location within 720 days from when it was issued a conditional adult use dispensing organization license (“conditional license”). Accordingly, KECHWA, LLC remains eligible to become operational as an adult use dispensing organization licensee under Section 15-36 of the CRTA. Additional information may be found on the Department’s website here: https://idfpr.illinois.gov/profs/adultusecan.html. Whether KECHWA, LLC remains in good standing may be verified on the Department’s website as well. Should there be any changes to KECHWA, LLC’s proposed location, KECHWA, LLC shall promptly notify the Department in order to demonstrate continued compliance with the CRTA. Sincerely, Vaughn G. Bentley Deputy Director of the Cannabis Control Section Illinois Department of Financial and Professional Regulation 555 West Monroe Street, 5th Floor Chicago, IL 60661 idfpr.illinois.gov JB PRITZKER Governor MARIO TRETO, JR. Secretary CAMILE LINDSAY Acting Director August 28, 2024 To Whom It May Concern: In regard to Consume Cannabis – Variance and Special Use – 1508 N. Bridge Street, Yorkville, IL, Tax PIN: 02-28-176-14, Application 2024-19, a community meeting on the matter shall be held as follows: DATE: September 12, 2024 TIME: 4 PM – 6 PM LOCATION: Hampton Inn Yorkville 310 East Countryside Parkway Yorkville, IL 60560 Thank you, Steve Weber TOWNS AT WINDETT RESERVE O'KEEFE PROPERTY WRIGLEY LINCOLN PRAIRIE KONICEK PROPERTY KENDALL MARKETPLACE SCHRAMM PROPERTY YORKVILLE CROSSING WESTBURY EAST VILLAGE BORNEMAN FARM BAILEY MEADOWS BRISTOL RIDGE WESTHAVEN LINCOLN PRAIRIE WESTHAVEN NORTHSTAR FOX INDUSTRIAL PARK CANNABIS DISPENSARY/CULTIVATION PERMITTED LOCATIONS 500 FOOT BUFFER (PARKS, SCHOOLS, RELIGIOUS INSTITUTIONS, AND DAYCARES) 250 FOOT BUFFER (RESIDENTIALLY ZONED PROPERTIES) Æ·47 Æ·47 Æ·71 Æ·126 £¤34 £¤34 Cannabis Dispensary and Cultivation Permitted Location NOTE: Several of the permitted areas in the northern and far southern locations of the City are part of existing annexation agreements which permit residential uses. If these developments are pursued, then a majority of these areas will not permit cannabis dispensaries. Developments which do not allow for residential uses are Lincoln Prairie, Konicek Property, and Wrigley. Cannabis Dispensary and Cultivation 250’ Buer from Residential Cannabis Dispensary and Cultivation 500’ Buer from Parks, Schools, Religious Institutions, and Daycares Overlap of Both Buers Antonio J. Senagore | asenagore@hlerk.com ■ ■ ■ ■ ■ Itasca 500 Park Boulevard, Suite 1000 Itasca, IL 60143 P 847.670.9000 ■ ■ ■ ■ ■ Peoria 401 SW Water Street, Suite 106 Peoria, IL 61602 P 309.671.9000 ■ ■ ■ ■ ■ O’Fallon 637 West US Hwy 50, Unit 600 O’Fallon, IL 62269 P 618.622.0999 August 20, 2024 Via Email Ms. Krysti Barksdale-Noble, Community Development Director United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 knoble@yorkville.il.us RE: Objection to Cannabis Dispensary Zoning Applications 1508 N. Bridge Street, Yorkville, IL 60560 Dear Ms. Barksdale-Noble: Our firm represents Parkview Christian Academy (the “Academy”), a private school located in the United City of Yorkville (the “City”). The Academy hereby objects to the variance and special use applications filed on June 27, 2024 (“Applications”) by Steve Weber/PTS Corp. (“Applicant”) to operate a cannabis dispensary at 1508 N. Bridge Street, Yorkville, Illinois (“Subject Property”). As explained in detail below, it is the Academy’s position that the operation of a cannabis dispensary at the Subject Property would be contrary to Illinois law, the City’s Unified Development Ordinance (“City Ordinance”), and the City’s Comprehensive Plan. The Subject Property is within 500 feet of the Academy’s upper campus located at 202 E. Countryside Parkway, a private primary and secondary school (see map attached hereto as Exhibit A). In addition, the Subject Property is adjacent to property already zoned as B-3 general business district (see zoning map attached hereto as Exhibit B). Thus, under Sections 10-4-14(D)(1) and 10-4-4(A)(1)(b) of the City Ordinance, the Subject Property cannot be operated as a cannabis dispensary. Moreover, the Application has not and cannot establish that the standards for variations and special use are met in this case. Thus, the Application must be denied. Please note that the Academy will pursue all avenues to prevent operation of the Subject Property as a cannabis dispensary, including, but not limited to, litigation if it becomes necessary. DISCUSSION A. The Applicant has not established that a cannabis dispensary can be operated at the Subject Property consistently with Illinois law. Under the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.), “[n]o cannabis business establishment nor any other person or entity shall place or maintain, or cause to Ms. Barksdale-Noble, Community Development Director August 20, 2024 Page 2 be maintained, an advertisement of cannabis or cannabis-infused product in any form or through any medium . . . within 1,000 feet of the perimeter of a school grounds[.]” 410 ILCS 705/55-20(b)(1). In addition, under the Compassionate Use of Medical Cannabis Act (410 ILCS 130/1 et seq.), a medical cannabis dispensing organization “may not be located within 1,000 feet of the property line of a pre-existing public or private preschool or elementary or secondary school.” 410 ILCS 130/130. Here, the Academy’s upper campus at 202 E. Countryside Parkway, Yorkville, is located within 500 feet of the Subject Property. Ex. A. The cannabis dispensary sought by the Applications would, therefore, place signage and cannabis-infused products within 1,000 feet of a school. Further, to the extent the Applicant seeks to operate a “medical cannabis dispensing organization” at the Subject Property, such a facility would also be operating within 1,000 feet of the property line of a pre-existing private school. The Applicant has not established that the Subject Property can be operated as a cannabis dispensary consistent with the statutes outlined above. Consequently, the Application must be denied. B. The operation of the Subject Property as a cannabis dispensary would violate City Ordinance. As noted above, adult uses (such as a cannabis dispensary) are forbidden within 500 feet of a preexisting school (City Ord. 10-4-14(D)(1)) and within 700 feet of property zoned as general business district (B-3) (City Ord. 10-4-4(A)(1)(b)). Here, the Subject Property is within 500 feet of the Academy’s upper campus at 202 E. Countryside Parkway, a private primary and secondary school. Ex. A. The Subject Property is also located adjacent to four B-3 zoned property and near several others. Ex. B. Consequently, the operation of the Subject Property as a cannabis dispensary would violate the City Ordinance, and the Application must be denied. C. The Application fails to establish any of the requirements for sufficient variations to operate a cannabis dispensary on the Subject Property. Under the City Zoning Ordinance (consistent with the Municipal Code 1), no variance shall be granted unless the following standards are met: (a) A particular hardship to the owner would result because of the physical surroundings, shape, or topographical 1 “In its consideration of the standards of practical difficulties or particular hardship, the board of appeals shall require evidence that (1) the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone; and (2) the plight of the owner is due to unique circumstances; and (3) the variation, if granted, will not alter the essential character of the locality. A variation shall be permitted only if the evidence, in the judgment of the board of appeals, sustains each of the 3 conditions.” 65 ILCS 5/11-13-4. Ms. Barksdale-Noble, Community Development Director August 20, 2024 Page 3 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; (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; and (f) The proposed Variation is consistent with the official comprehensive plan and other development standards and policies of the City. City Ord. 10-8-9(C). Here, the Application seeks variations to operate a cannabis dispensary within 500 feet of the School, and to permit the Applicant to implement expanded business hours and certain signage at the property. See City Ord. §§ 10-4-14(A)(1) (business hours), (A)(3) (signage), and (D)(1) (proximity to schools). However, even though “[a]n adult use shall not be located within seven hundred (700) feet of any zoning district which is zoned for . . . general business district (B-3) [or] agricultural district (A-1),” the Application fails to seek a variance despite being located adjacent to B-3 zoned property. In addition, the cannabis dispensary is inconsistent with the City’s Comprehensive Plan, which designates the surrounding area for Commercial Uses and does not expressly provide for any adult and/or cannabis-related uses of the Subject Property (see plan excerpt attached hereto as Exhibit C). In any event, the Applicant has not and cannot demonstrate any hardship that would result from applying the current B-3 zoning requirements to the Subject Property. Nor are the conditions upon which the variance is requested unique to the Subject Property. Indeed, the difficulty or hardship is created by the Applicant, which is seeking to operate a cannabis dispensary at the Subject Property. Allowing the Subject Property to operate at the Subject Property would be detrimental the public welfare and injurious to nearby properties, including the Academy’s upper campus. Ms. Barksdale-Noble, Community Development Director August 20, 2024 Page 4 As noted above, a cannabis dispensary cannot be operated within 500 feet of a school consistently with Illinois law. Moreover, a cannabis dispensary opening within 500 feet of a school is on its face a bad idea for the public welfare. See, e.g., Cannabis and Teens, Centers for Disease Control and Prevention, https://www.cdc.gov/cannabis/health- effects/cannabis-and-teens.html (last visited Aug. 18, 2024) (noting the detrimental effect that cannabis use has on teenagers). The requested variation would also be injurious to the Academy’s upper campus, as some parents understandably may not want their children to attend a school located in such close proximity to a cannabis dispensary, which could substantially diminish surrounding property values including the value of the Academy’s upper campus. Further, as noted above, the use of the Subject Property as a cannabis dispensary is inconsistent with the current B-3 zoning and the City’s Comprehensive Plan. Thus, the Application must be denied. D. The Application fails to establish the requirements to be entitled to a special use of the Subject Property as a cannabis dispensary. Finally, the special use sought by the Application must be denied. Under City Ordinance, a special use must meet all the following conditions: 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; and 6. The proposed Special Use is not contrary to the objectives of the City’s adopted Comprehensive Plan. City Ord. 10-8-5. As with the requested variations, the Application also fails to establish that the special use standards have been satisfied in this case. The requested adult use within 500 feet of a school and adjacent to other B-3 zoned properties is forbidden under Illinois law and the City Ordinance as explained above. The operation of a dispensary under such circumstances would be detrimental to the public health, safety, morals, comfort and general welfare and would diminish surrounding property values as discussed above. Since Ms. Barksdale-Noble, Community Development Director August 20, 2024 Page 5 the comprehensive plan does not allow for adult and/or cannabis-related uses of the Subject Property, allowing a special use to operate a cannabis dispensary would also impede the normal and orderly development of the area. Nor has the Applicant established that adequate utilities, roads, facilities, and efforts to minimize traffic congestion in the public streets have been taken. Thus, the Application’s requested special use must be denied. CONCLUSION For the reasons set forth above, the Applications must be denied. Please note that the Academy will consider all avenues for preventing the use of the Subject Property as a cannabis dispensary, including but not limited to future litigation. Among other avenues, a writ of mandamus action is available to compel a public official to act where officials have a mandatory duty to act and fails to do so. The Academy reserves the right to modify and resubmit this letter at later stages and to other applicable boards if necessary. Please provide the Academy with notice of all determinations concerning the Application. If there are any questions or concerns, please contact me at (847) 670-9000. Sincerely, Antonio J. Senagore cc: Dr. Ray Epperson, Superintendent, Parkview Christian Academy Mr. John Purcell, Mayor, Unified City of Yorkville Encl: Exhibits A-C 1284456.3 Ms. Barksdale-Noble, Community Development Director August 20, 2024 Page 6 EXHIBIT A Distance Between the Subject Property and the Academy’s Upper Campus (per Kendall County GIS Map) Ms. Barksdale-Noble, Community Development Director August 20, 2024 Page 7 EXHIBIT B ZONING MAP Ms. Barksdale-Noble, Community Development Director August 20, 2024 Page 8 EXHIBIT C EXCERPT FROM CITY’S COMPREHENSIVE PLAN Ms. Barksdale-Noble, Community Development Director August 20, 2024 Page 9 Ms. Barksdale-Noble, Community Development Director August 20, 2024 Page 10 (630) 318-8000 4801 Emerson Ave. Palatine, IL 60067 www.ptsgrows.com August 22, 2024 Via Email (knoble@yorkville.il.us) United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 Attn: Krysti Barksdale-Noble, Community Development Director RE: Response to Parkview Christian Academy Objection to Cannabis Dispensary Zoning Application 1508 N. Bridge Street, Yorkville, IL 60560 (the “Subject Property”) Dear Ms. Barksdale-Noble: PTS Corp./Steve Weber (the “Applicant”) is in receipt of the August 20, 2024 objection letter (the “Objection Letter”) from Mr. Antonio J. Senagore (attorney at Hodges Loizzi Eisenhammer Rodick & Kohn), on behalf of his client, Parkview Christian Academy (the “Academy”), as it relates to the Applicant’s requested special use and variance applications to operate a cannabis dispensary at the Subject Property, filed on June 27, 2024 (the “Applications”) with the Unified City of Yorkville (the “City”). The Applicant contests the entirety of the Academy’s Objection Letter, as provided below, and reinforces its request for approval for its Applications. Furthermore, the Applicant will not be dissuaded under the Academy’s threat of litigation. DISCUSSION A. Response to the Academy’s claim that the Applicant cannot operate at the Subject Property The Academy incorrectly cites two (2) statutes as support for its position that the Subject Property cannot be operated as a cannabis dispensary. First, the Academy cites 410 ILCS 705/55-20(b)(1) under the Cannabis Regulation and Tax Act, which states, in part that “[n]o cannabis business establishment nor any other person or entity shall place or maintain, or cause to o be placed or maintained, an advertisement of cannabis or a cannabis-infused product in any form or through any medium: (1) within 1,000 feet of the perimeter of school grounds, a playground, a recreation center or facility, a child care center, a public park or public library, or a game arcade to which admission is not restricted to persons 21 years of age or older[.]” Placing a cannabis dispensary at the Subject Property with standard signage, similar to any other business, is not and, has never been, considered to be an “advertisement”, nor would it fall within the meaning proscribed under the CRTA. Furthermore, the placement of cannabis-infused products within a store is most definitely not an advertisement – contrary to the Academy’s position. (630) 318-8000 4801 Emerson Ave. Palatine, IL 60067 www.ptsgrows.com The Academy then proceeds to cite a portion of 410 ILCS 130/130(d) of the Compassionate Use of Medical Cannabis Act, stating that “a medical cannabis dispensing organization “may not be located within 1,000 feet of the property line of a pre-existing public or private preschool or elementary or secondary school.”” However, reading the entire text provides the necessary clarity whereby, it states that a “(d) A [medical cannabis] dispensing organization may not be located within 1,000 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, or part day child care facility. A registered dispensing organization may not be located in a house, apartment, condominium, or an area zoned for residential use. This subsection shall not apply to any dispensing organizations registered on or after July 1, 2019.” (emphasis added). Not only is the proposed cannabis use at the Subject Property not a medical cannabis dispensary organization, but this particular statutory language expired over five (5) years ago. For the purposes contained herein, the Academy’s positions should be ignored and dismissed in their entirety, as both statutes are inapplicable to the Applicant. B. Response to the Academy’s claim that the operation of the Subject Property as a cannabis dispensary would violate City Ordinance Similar to part A, the Academy again failed to properly vet the applicability of certain ordinances. Specifically, the Academy claimed that a cannabis dispensary is forbidden within 700 feet of property zoned as general business district (B-3) pursuant to City Ord. 10-4- 4(A)(1)(b). Section 10-4-4(A)(1)(b) states that “[a]n adult use shall not be located within seven hundred (700) feet of any zoning district which is zoned for single-family suburban residence district (R-1), single-family traditional residence district (R-2), two-family attached residence district (R-2D), multi-family attached residence district (R-3), general multi-family residence district (R-4), local business district (B-1), mixed use district (B-2), general business district (B- 3), agricultural district (A-1).” The Academy failed to provide the definition for “Adult-use” which the City clearly defines as falling into two categories: “A striptease club or pornographic movie theatre whose business is the commercial sale, dissemination, or distribution of sexually explicit material, shows, or other exhibitions or (ii) an adult bookstore or adult video store in which twenty-five (25) percent or more of its stock-in-trade, books, magazines, and films for sale, exhibition, or viewing on-premises are sexually explicit material.” (10-2-1 “A”). A cannabis dispensary is, by definition, not considered an adult-use within the meaning provided by the City and thus this prohibition does not exist for the Applicant to overcome. Even if the Applicant were subject to this prohibition, which it is not, a Cannabis Dispensing Organization is expressly permitted (under Table 10-3-12(B)) of the City’s UDO), to apply for a Special Use Permit within B-3 and state its case. In this same section, the Academy states that the Subject Property is within 500 feet of the Academy’s upper campus at 202 E. Countryside Parkway, as provided on Exhibit A of its Objection Letter, and subject to City Ord. 10-4-14(D)(1). This ordinance states that a “[f]acility (630) 318-8000 4801 Emerson Ave. Palatine, IL 60067 www.ptsgrows.com may not be located within five hundred (500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or religious institutions, regardless of corporate boundary. Commercial/trade schools shall not be classified as a public or private school for purposes of this section.” The Applicant, out of an abundance of caution, and well-within its rights (as stated above), has applied for a variance related to the 500-foot requirement (based on certain measurements suggesting a distance of 494.38 from the Academy’s property line). However, the ordinance is clear that the prohibition is related to the distance from a facility to the property line of a pre-existing school. The distance from the facility on the Subject Property to the Academy’s property line measures 539.10 feet – meaning that a variance for this distance is not required. See Exhibit A. Even if it is ultimately determined that this variance request must move forward, it is well within the Applicant’s rights to apply for such variance. For the purposes contained herein, the Academy’s positions should be ignored and dismissed in their entirety. C. Response to the Academy’s claim that the Application fails to establish any of the requirements for sufficient variations to operate a cannabis dispensary on the Subject Property The Academy lists the requirements needed for the City to grant a variance. It also provided a footnote asserting certain requirements in line with the Municipal Code, however the language provided in 65 ILCS 5/11-13-4 is predicated on municipalities with a population of 500,000 or more – a threshold the City does not meet. In the event it was deemed that such language was applicable to the Applicant, the Applicant can and will satisfy any evidence necessary under 65 ILCS 5/11-13-4. The Academy’s entire position weakly leans on many of the previously described inapplicable ordinances and a sweeping and subjective opinion that the Applicant cannot satisfy the requirements without any evidence and without the Applicant having been afforded its due process to present any required evidentiary material. Additionally, the Academy claims that because cannabis use is not expressly provided in the City’s Comprehensive Plan, it cannot receive its requested variances. It is the Applicant’s understanding that the entire purpose of a process to receive a variance is, as the City is well aware, to enable the City to weigh certain factors to accept a certain deviation from its proscribed rules. In this instance, it may (or may not, as discussed above) be the need for a variance related to the 500-foot setback from schools, as well as a variance for signage and business hours. Furthermore, the Academy oddly inserted a misleading reference to cannabis use and teens. Any legal cannabis operator in the State of Illinois is not permitted to sell to individuals (630) 318-8000 4801 Emerson Ave. Palatine, IL 60067 www.ptsgrows.com under the age of 21 (save for (i) minors with a medical card and a valid caregiver and (ii) individuals aged 18-20 with a valid medical card). Thus, the Applicant cannot and will not sell to anyone under 21 and is subject to strict regulations, regulators, and compliance oversight, including, without limitation, ID verification and security cameras. As a counterpoint of reference to the Academy’s concern related to teen usage of cannabis, the Applicant puts forth more recent studies, which have actually shown that cannabis use in teens has flatlined or decreased in states that have legal cannabis programs. The Applicant does not support (and directly opposes) underage usage of these products but strongly advocates for education as to the benefits of legal programs – which tend to stamp out the illicit market (where minors may more easily obtain such products). (See https://www.nytimes.com/2024/05/20/health/marijuana-weed-adolescents-coley.html). Property value diminishment is also unfounded. On the contrary, studies have shown that cannabis organizations have increased surrounding property values by 2% (See https://www.cannabisbusinesstimes.com/news/cannabis-dispensaries-increase-home-values-2- percent-study/#:~:text=Dispensary- ,Study%3A%20Cannabis%20Dispensaries%20Increase%20Home%20Values%20by%202%20P ercentage%20Points,and%20Michigan%2C%20show%20positive%20impacts). The Applicant can, and will, demonstrate its satisfaction of every requirement necessary to be granted any applicable variance it has applied or will apply for, at the appropriate time and in accordance with the City’s procedural guidelines and any and all due process rights. For the purposes contained herein, the Academy’s positions should be ignored and dismissed in their entirety. D. Response to the Academy’s claim that the Application fails to establish the requirements to be entitled to a special use of the Subject Property as a cannabis dispensary. Similar to Part C, the Academy sweepingly and subjectively asserts an inability to obtain a special use permit without any supportive evidence and prior to the Applicant demonstrating its ability to satisfy the listed requirements from the City’s Ordinance 10-8-5. As mentioned earlier, it is the Applicant’s right, as shown in part on Table 10-3-12(B) to apply for a Special Use in Zone B-3. The Applicant can, and will, demonstrate its satisfaction of every requirement necessary to be granted any applicable special use permit it has applied or will apply for, at the appropriate time and in accordance with the City’s procedural guidelines and any and all due process rights. (630) 318-8000 4801 Emerson Ave. Palatine, IL 60067 www.ptsgrows.com For the purposes contained herein, the Academy’s positions should be ignored and dismissed in their entirety. CONCLUSION The Academy’s dubious Objection Letter was laden with inaccuracies, unsubstantiated statements, and subjective opinion, and for all of the reasons stated above (and more), should be disregarded in its entirety. The Applicant operates all of its facilities with the utmost care, and with an emphasis on security, compliance and safety. The Applicant, in all municipalities it operates in, serves as a great corporate citizen, a local benefactor, and local partner. The Applicant knows that each municipality – including the City - has its own special community with distinct and important local goals and norms. The Applicant is eager and optimistic to open its doors in the City and operate in accordance with the City’s own, special composition. The Applicant reserves the right to modify and resubmit this letter at later stages and to other applicable boards and governing bodies, as needed. Please do not hesitate to reach out to me at 847-404-8847 or via email at mitch@ptsgrows.com. Thank you. Sincerely, Mitchel Kay General Counsel & Corporate Secretary PTS Corp. Cc. Mr. John Purcell, Mayor, Unified City of Yorkville Encl: Exhibit A (630) 318-8000 4801 Emerson Ave. Palatine, IL 60067 www.ptsgrows.com EXHIBIT A 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: 7696084 Purchase Order: 7696084 PZC 2024-19 State of Illinois - Kendall 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 9/13/2024, and the last publication of the notice was made in the newspaper dated and published on 9/13/2024. This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1. PUBLICATION DATES: Sep 13, 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 14th Day of September, 2024, by Chicago Tribune Media Group Jeremy Gates Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Heritage. Community. Service. Opportunity. www.stcharlesil.gov Two East Main Street St. Charles, IL 60174 630.377.4400 May 17, 2023 To whom it may concern: The City of St. Charles greatly appreciates the contributions Consume Cannabis has made to the local business community by collaborating with nearby businesses, such as Global Brew, La Huerta, and West Valley Graphics. Consume Cannabis has revitalized a retail location that has been unoccupied for 12 years, infusing fresh energy into the area. We genuinely hope for Consume Cannabis to continue thriving in St. Charles for many more years. Best regards, Lora A. Vitek Mayor 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, Timothy A. Tremain is requesting an approval of a map amendment (rezoning) for 3.6 +/- acres located on the north side of River Road and approximately 0.75 miles from East Eldamain Road between 11327 and 11209 River Road from R-1 One-Family Residential District to R-3 One-Family Residential District. The purpose of the request is to construct a maximum of two (2) single-family houses. The real property is located immediately north of River Road and approximately 0.75 miles from East Eldamain Road in unincorporated Kendall County. PROPERTY BACKGROUND: The property is located in between 11327 and 11209 River Road in unincorporated Kendall County, within Lot 1 of the Glen Nelson Subdivision. The approximately 3.6 +/- acres of property consists of one (1) parcel totaling ~114,350 sq. ft. Currently owned by Timothy A. Tremain, the property is currently unimproved. The property fronts River Road and has one (1) access point off River Road. The property is immediately west of Yorkville’s corporate boundary, approximately 0.94 miles (~4500 feet) from the White Oak Estates Subdivision. The property is zoned as R-1 One-Family Residential District and underwent a map amendment (rezoning) in 2007 by Kenall County. In 2007, Ordinance 2007-03 granted the rezoning of the property from A-1 Agricultural District to R-1 One-Family Residential District. Memorandum To: Planning and Zoning Commission From: Sara Mendez, Planner I Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: October 2, 2024 Subject: PZC 2024-23 – Timothy A. Tremain (Rezoning) 1.5 Review REQUEST SUMMARY: The petitioner, Timothy A. Tremain, is solely requesting the rezoning of the parcel from R-1 One-Family Residential District to R-3 One-Family Residential District. Due to the property being less than 10 acres in size, the property is eligible for rezoning under Section 8:07.H of the Kendall County Zoning Ordinance, which states, “no parcel originally larger than ten (10) acres in size shall qualify for rezoning to this category after January 1, 2001, unless an application has been submitted for such rezoning prior to that date”. Although, the names of the zoning district are identical, there are significant differences in density between the two zoning districts. To highlight the significant differences between the Bulk and Dimensional Standards of the Kendall County’s R-1 One-Family Residential District, R-3 One-Family Residential District, and the City of Yorkville’s R-3 Multi-Family Attached Residence District. the table below provides a clear comparison. Kendall County Regulations for R-1 One-Family Residential District Kendall County Regulations for R-3 One- Family Residential District City of Yorkville Regulations for R-3 Multi-Family Attached Residence District Minimum Lot Size 130,000 sq. ft. 45,000 sq. ft. 9,200 sq. ft. Minimum Lot Width 200 feet Width at the established building line equal to forty percent of the depth. 70 feet (90 feet for attached units) Maximum Lot Coverage 10% 20% 70% Minimum Front Setback 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. 50 feet from the right-of way or access easement on all township or private roadways 50 feet 30 feet Minimum Side Setback 50 feet 1. Interior lots recorded before October 18, 2005: 10% of the lot width 2. Interior lots recorded after October 18, 2005: 15 feet or 10% of the lot width 3. Side yard adjacent to a street: 30 feet 10 feet (20 feet for side yards adjoining a street) Minimum Rear Setback 50 feet 50 feet 30 feet Maximum Building Height 1. One-family detached dwellings: 40 feet and not more than two and one-half stories Other non-residential permitted or conditional buildings and structures: shall not exceed 45 feet and not more than three stories in height 1. One-family detached dwellings: 40 feet and not more than two and one-half stories Other non-residential permitted or conditional buildings and structures: shall not exceed 45 feet and not more than three stories in height 80 feet (30 feet for dwelling unit) The primary differences between Kendall County's R-1 and R-3 One-Family Residential Districts center around lot size, lot coverage, and density. The R-1 district requires significantly larger lots, with a minimum size of 130,000 square feet and a width of 200 feet, while the R-3 district allows for smaller lots, with a minimum size of 45,000 square feet and a width equal to 40% of the lot’s depth. Additionally, R-1 zoning permits less lot coverage, with a maximum of 10%, compared to 20% in R-3, leading to a more spacious, lower-density feel in R-1 areas. Although both districts share similar rear setbacks and building height restrictions, side yard setbacks in R-1 are uniformly 50 feet, whereas R-3 has variable side setbacks depending on the lot’s width and when it was recorded Lastly, the proposed rezoning request is still much larger than the lot sizes typically found in the City of Yorkville’s R-3 Multi-Family Attached Residence District. 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. The proposed addition of approximately two (2) new single-family homes on 3.6 +/- acres, along with the requested rezoning of the property to the R-3 One-Family Residential District is consistent with Yorkville’s Comprehensive Plan land use designation for this property. This consistency is due to the low density nature of the proposed development, which aligns with the Estate/Conservation Residential neighborhood. 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 October 22, 2024. This item was delivered to the City on August 23, 2024. PROPOSED MOTION In consideration of the proposed mile and one-half review of Kendall County Petition 24-26 for a map amendement 3.6 +/- acres located immediately north of River Road and approximately 0.75 miles from East Eldamain Road, between 11327 and 11209 River Road, from R-1 One-Family Residential District to R-3 One-Family Residential District, the Planning and Zoning Commission recommends to the City Council to (object or not to object) to the request. ATTACHMENTS 1. Application with Attachments ZPAC Memo – Prepared by Matt Asselmeier – August 23, 2024 Page 1 of 4 DEPARTMENT OF PLANNING, BUILDING & ZONING 111 West Fox Street • Room 203 Yorkville, IL • 60560 (630) 553-4141 Fax (630) 553-4179 Petition 24-26 Timothy A. Tremain Map Amendment Rezoning from R-1 to R-3 INTRODUCTION The Petitioners would like a map amendment rezoning approximately three point six more or less (3.6 +/-) acres located on north side of River Road between 11327 and 11209 River Road from R-1 One Family Residential District to R-3 One Family Residential District in order to build two (2) houses at the property. The property was rezoned in 2007 by Ordinance 2007-03 and is Lot 1 of the Glen Nelson Subdivision. The property is less than ten (10) acres in size as is eligible for rezoning under Section 8:07.H of the Kendall County Zoning Ordinance. As of the date of this memo, the Petitioner has not indicated if they will be dividing the land through a Plat Act Exemption or if they will be pursuing a re-subdivision of the property. The application materials are included as Attachment 1. The zoning plat is included as Attachment 2. SITE INFORMATION PETITIONERS: Tim A. Tremain ADDRESS: Between 11327 and 11209 River Road, Plano LOCATION: North Side of River Road Approximately 0.75 Miles East of Eldamain Road TOWNSHIP: Bristol PARCEL #s: 02-30-400-013 and 02-31-201-014 ZPAC Memo – Prepared by Matt Asselmeier – August 23, 2024 Page 2 of 4 LOT SIZE: 3.6 +/- Acres EXISTING LAND USE: Vacant ZONING: R-1 One Family Residential District LRMP: Future Land Use Rural Residential (Max 0.60 DU/Acre) (County) Estate/Conservation Residential (Yorkville) Roads River Road is a Township maintained Minor Collector. Trails The zoning plat (Attachment 2) shows a fifteen foot (15’) trail easement along the southern portion of the property. Floodplain/ Wetlands There are no floodplains or wetlands on the property REQUESTED ACTION: Map Amendment Rezoning Property from R-1 One Family Residential District to R-3 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 Agricultural R-1 Rural Residential (County) Estate/Conservation Residential (Yorkville) A-1 (County) South Wooded and Single- Family Residential R-3 Rural Residential (County) Estate/Conservation Residential (Yorkville) R-3 (County) There are homes on the south side of the Fox River inside Yorkville within a ½ mile East Single-Family Residential A-1 Rural Residential (County) Estate/Conservation Residential (Yorkville) A-1, A-1 SU, and R-3 West Single-Family Residential and Private Road R-1 Rural Residential (County) Estate/Conservation Residential (Yorkville) A-1 (County) ZPAC Memo – Prepared by Matt Asselmeier – August 23, 2024 Page 3 of 4 The A-1 special use permits to the east is for a campground (PNA Camp). PHYSICAL DATA ENDANGERED SPECIES REPORT EcoCAT Report submitted and consultation was terminated; there were protected resources in the area, but adverse impacts were unlikely (see Attachment 1, Pages 12 and 13). NATURAL RESOURCES INVENTORY The application for NRI was submitted on August 20, 2024 (see Attachment 1, Page 11). ACTION SUMMARY BRISTOL TOWNSHIP Petition information was sent to Bristol Township on August 23, 2024. UNITED CITY OF YORKVILLE Petition information was sent to the United City of Yorkville on August 23, 2024. BRISTOL-KENDALL FIRE PROTECTION DISTRICT Petition information was sent to the Bristol-Kendall Fire Protection District on August 23, 2024. GENERAL INFORMATION The Petitioners would like to rezone the property in order to build a maximum of two (2) houses on the property. BUILDING CODES The site is currently vacant. Any future buildings would have to meet applicable building codes. UTILITIES No utility information was provided. ACCESS The property fronts Glen Nelson Drive, which is a private road. The zoning plat (Attachment 2) notes that the property cannot access River Road. PARKING AND INTERNAL TRAFFIC CIRCULATION Any parking would be for residential purposes. 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 Signage would be for residential purposes and would have to meet applicable regulations. 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. 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 ZPAC Memo – Prepared by Matt Asselmeier – August 23, 2024 Page 4 of 4 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 A-1, R-1, and R-3. In particular, the properties immediate south of the subject property are zoned R-3. The suitability of the property in question for the uses permitted under the existing zoning classification. One (1) single-family home could be built on the subject property under the present R-1 zoning classification. If a property owner wanted to construct additional homes, a map amendment to a zoning district that allows for small lots, such as the R-3 zoning classification, would be needed. 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 Rural Residential on the Future Land Use Map and the R-3 Zoning District is consistent with this land classification. RECOMMENDATION Staff recommends approval of the proposed map amendment and variance. 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 1, Page 9 Attachment 1, Page 10 Attachment 1, Page 11 Attachment 1, Page 12 Attachment 1, Page 13 Attachment 2 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, Steve W. Jeffers on behalf of Revolution Investments, LLC, are requesting approval of a Plat of Vacation to vacate the public easements between two (2) parcels (Lots 110 and 111) within the Whitetail Ridge subdivision. The purpose of the request is to construct a home in the center of the combined lots. The real property is located at 5862 and 5834 Championship Court, which is generally located at the north of the East Schoolhouse Road (IL Route 126) between Grove Road and Hopkins Road in unincorporated Kendall County. PROPERTY BACKGROUND: The property is located at 5862 and 5834 Championship Court in unincorporate Kendall County. The approximately 1.5- acre property, platted as two (2) separate parcels each totaling ~66,867 sq. ft. Currently, the property is unimproved. While the parcel is not immediately adjacent to incorporated Yorkville, it is approximately 2.3 miles (~12,200 feet) east of the Prestwick of Ashley Pointe subdivision. REQUEST SUMMARY: The petitioners are proposing to vacate the existing combined ten (10) foot drainage and utility easements between Lots 110 and 111 within the Whitetail Ridge for the purpose of constructing a home in the center of the combined lots. The County’s engineering consultant, WBK Engineering, reviewed the vacation of the easement from the drainage perspective proposed and does not oppose the request to vacate the easements. The Whitetail Ridge Homeowners Association (HOA) also is agreeable to the request. Memorandum To: Planning and Zoning Commission From: Sara Mendez, Planner I Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: October 2, 2024 Subject: PZC 2024-24 – Steve W. Jeffers on behalf of Revolution Investments, LLC 1.5 Mile Review YORKVILLE COMPREHENSIVE PLAN: Yorkville’s 2016 Comprehensive Plan designation for this property is Estate/Conservation Residential. This 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 current land use within an open space golf course development and the proposed detached single- family home on a 1.5-acre lot is consistent with Yorkville’s Comprehensive Plan land use designation for this property. If approved, the proposed plat of vacation does not alter the land use and maintains its consistency with the areas future land use plans. STAFF COMMENTS Staff has reviewed the request for easement vacation and generally does not oppose the request. It will not affect the existing drainage within the planned development. Additionally, the land use is consistent with the City’s Comprehensive Plan and the vacation of the drainage and utility easements will not affect the future use of the land as it will remain residential in nature. 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 at the October 22, 2024 meeting. This item was delivered to the City on August 23, 2024. PROPOSED MOTION In consideration of the proposed mile and half review of Kendall County Petition 24-27 for a plat of vacation to vacate the public utility easement between two (2) parcels (Lots 110 and 111) within the Whitetail Ridge Subdivision commonly known as 5862 and 5834 Championship Court, the Planning and Zoning Commission recommends the City Council to (object or not object) to the request. ATTACHMENTS 1. Application with Attachments ZPAC Memo – Prepared by Matt Asselmeier – August 23, 2024 Page 1 of 3 DEPARTMENT OF PLANNING, BUILDING & ZONING 111 West Fox Street • Room 203 Yorkville, IL • 60560 (630) 553-4141 Fax (630) 553-4179 Petition 24-27 Steve W. Jeffers on Behalf of Revolution Investments, LLC Plat of Vacation of a Drainage and Utility Easement in Whitetail Ridge Subdivision INTRODUCTION A ten foot (10’) drainage and utility easement presently exists between Lots 110 and 111 in Whitetail Ridge Subdivision. The Petitioner own the subject lots and would like to construct a home in the center of the combined lots. SITE INFORMATION PETITIONER Steve W. Jeffers on Behalf of Revolution Investments, LLC ADDRESS 5682 and 5834 Championship Court, Yorkville (Lots 110 and 111 of Whitetail Ridge) LOCATION Approximately 0.10 Miles Northwest of the Intersection of Clubhouse Drive and Championship Court on the South Side of Championship Court TOWNSHIP Na-Au-Say Township PARCEL #s 06-07-374-004 and 06-07-374-005 LOT SIZE 1.5 +/- Acres EXISTING LAND USE Residential/Vacant ZONING RPD-2 ZPAC Memo – Prepared by Matt Asselmeier – August 23, 2024 Page 2 of 3 LRMP Current Land Use Vacant One-Family Residential Future Land Use Rural Residential (Max 0.65 Du/Acre) Roads Championship Court is a Township Road classified as a Local Road Trails None Floodplain/ Wetlands None REQUESTED ACTION Vacate a Ten Foot (10’) Drainage and Utility Easement Between Lots 110 and 111 APPLICABLE REGULATIONS Section 7.06 (Subdivision Control Ordinance) SURROUNDING LAND USE Location Adjacent Land Use Adjacent Zoning Land Resource Management Plan Zoning within ½ Mile North Single-Family Residential RPD-2 Rural Residential (Max 0.65 DU/Acre) N/A South Open Space (Golf Course) RPD-2 SU Open Space (Golf Course) N/A East Open Space (Golf Course) RPD-2 SU Open Space (Golf Course) N/A West Single-Family Residential RPD-2 Rural Residential N/A The RPD-2 special use is for a golf course. ACTION SUMMARY NA-AU-SAY TOWNSHIP Na-Au-Say Township was emailed information on August 23, 2024. UNITED CITY OF YORKVILLE The United City of Yorkville was emailed information on August 23, 2024. BRISTOL-KENDALL FIRE PROTECTION DISTRICT The Bristol-Kendall Fire Protection District was emailed information on August 23, 2024. GENERAL The application materials are included as Attachment 1. The plat of vacation is included as Attachment 2. The topographic information is included as Attachment 3. On August 22, 2024, Greg Chismark sent an email stating that he had no objections to the vacation from a drainage perspective. This email is included as Attachment 4. On August 22, 2024, a representative from the Whitetail Ridge Homeowners’ Association submitted an email stating the HOA had no objections to the requested easement vacation. This email is included as Attachment 5. ZPAC Memo – Prepared by Matt Asselmeier – August 23, 2024 Page 3 of 3 As of the date of this memo, the Petitioner was still obtaining approvals from the utilities. RECOMMENDATION Staff recommends approval of the requested easement vacation provided that Lots 110 and 111 remain under the same ownership. ATTACHMENTS 1. Application Materials 2. Plat of Vacation 3. Topographic Information 4. August 22, 2024, Email from WBK Engineering 5. August 22, 2024, Email from Homeowners’ Association 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 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 1, Page 17 Attachment 1, Page 18 Attachment 1, Page 19 Attachment 2 Attachment 3 Attachment 4 Attachment 5