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
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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
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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.
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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
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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.
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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
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PZC- Public Hearings - September 11, 2024
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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 .
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PZC- Public Hearings - September 11, 2024
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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.
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PZC- Public Hearings - September 11, 2024
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I N D E X
WITNESS:PAGE:
Daniel J . Kramer 13
Matt Walsh 15
Dan Nagel 33
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PZC- Public Hearings - September 11, 2024
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(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.)
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PZC- Public Hearings - September 11, 2024
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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.
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PZC- Public Hearings - September 11, 2024
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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.
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PZC- Public Hearings - September 11, 2024
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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
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PZC- Public Hearings - September 11, 2024
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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
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PZC- Public Hearings - September 11, 2024
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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
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PZC- Public Hearings - September 11, 2024
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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,
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PZC- Public Hearings - September 11, 2024
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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
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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?
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(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
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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
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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
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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
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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,
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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
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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.
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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
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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
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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
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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.
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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.
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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
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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
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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,
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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
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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
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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,
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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
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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.
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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
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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
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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.
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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.
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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 .)
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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.
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PZC- Public Hearings - September 11, 2024
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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
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PZC - Public Hearings - September 11, 2024
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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
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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] - 20:6,
20:17, 25:10, 38:15,
39:4, 39:6
underground [1] -
26:22
underneath [1] -
27:16
Undesser [1] - 25:17
Unified [4] - 6:9, 6:16,
7:10, 7:14
UNITED [1] - 1:6
United [7] - 2:18, 5:9,
6:5, 6:8, 6:16, 6:21,
7:19
unlocked [1] - 24:14
unwinding [1] - 24:7
up [15] - 6:4, 17:12,
19:21, 20:8, 24:3,
24:5, 28:8, 31:16,
32:22, 33:7, 33:15,
33:21, 34:23, 36:11,
36:14
update [1] - 12:3
updated [1] - 25:5
upgrading [1] - 24:18
USA [1] - 16:19
useful [1] - 33:24
uses [2] - 8:13, 27:9
utility [3] - 16:16,
18:21, 23:8
utilizing [1] - 28:23
V
vacant [1] - 12:6
variance [5] - 5:12,
6:24, 7:13, 10:2,
25:2
variances [1] - 8:13
variation [1] - 9:23
variations [1] - 10:18
various [2] - 8:12,
18:1
veterans [1] - 13:24
via [1] - 38:14
view [3] - 27:14, 28:2,
31:3
viewsheds [1] - 28:1
village [2] - 19:2, 20:2
Vinyard [3] - 2:2, 5:23,
37:15
VINYARD [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
visible [2] - 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.
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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.
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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.
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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.
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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,
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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
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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
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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
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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
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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.
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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.
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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