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Planning and Zoning Commission Packet 2024 11-13-24 - Special AGENDA SPECIAL MEETING OF THE PLANNING AND ZONING COMMISSION AND THE PARK BOARD Wednesday, November 13, 2024 5:00 PM Yorkville City Hall Council Chambers 651 Prairie Pointe Drive Meeting Called to Order: 5:00 p.m. Roll Call: Previous meeting minutes: October 9, 2024 Citizen’s Comments ------------------------------------------------------------------------------------------------------------------------------------ 1. Presentation a. Joint training session with the Planning and Zoning Commission and the Park Board presented by the Illinois Chapter of the American Planning Association (APA). ------------------------------------------------------------------------------------------------------------------------------------ Regular Planning and Zoning Commission Meeting Public Hearings 1. PZC 2024-21 Marker Inc., the contract purchaser and petitioner, along with the United City of Yorkville, the property owner, have submitted applications to the City of Yorkville, Kendall County, Illinois. They are requesting an amendment to the Kendall Marketplace Planned Unit Development (PUD) Agreement and seeking preliminary and final PUD plan approval. The request aims to develop Heartland Meadows West, a mixed-use project featuring twenty (20) single-family residential lots for an active adult community and four (4) commercial outlots. The proposed underlying zoning designations are R-2 Single-Family Traditional Residential District for the residential area and B-3 General Retail District for the commercial area. The petitioner is also requesting deviations to the side and rear yard setbacks within the R-2 District. The subject property is located on the north side of Blackberry Shore Lane, between Northland Lane and Cannonball Trail, on an approximately 8.3-acre vacant parcel. 2. PZC 2024-26 Drew Daniels, on behalf of Daniels Malinski Yorkville Family, LLLP, petitioner/owner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification. The real property consists of four (4) parcels totaling approximately 268.30 acres and is generally located at the northwest corner of West Veterans United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us Parkway (US 34) and Beecher Road. The petitioner is requesting rezoning approval from R-1 Single- Family Suburban Residential District to M-2 General Manufacturing District (contingent on approval of annexation by the City Council). Unfinished Business New Business 3. PZC 2024-21 Marker Inc., the contract purchaser and petitioner, along with the United City of Yorkville, the property owner, have submitted applications to the City of Yorkville, Kendall County, Illinois. They are requesting an amendment to the Kendall Marketplace Planned Unit Development (PUD) Agreement and seeking preliminary and final PUD plan approval. The request aims to develop Heartland Meadows West, a mixed-use project featuring twenty (20) single-family residential lots for an active adult community and four (4) commercial outlots. The proposed underlying zoning designations are R-2 Single-Family Traditional Residential District for the residential area and B-3 General Retail District for the commercial area. The petitioner is also requesting deviations to the side and rear yard setbacks within the R-2 District. The subject property is located on the north side of Blackberry Shore Lane, between Northland Lane and Cannonball Trail, on an approximately 8.3-acre vacant parcel. Action Items PUD Amendment, Preliminary & Final PUD Plan Approval 4. PZC 2024-26 Drew Daniels, on behalf of Daniels Malinski Yorkville Family, LLLP, petitioner/owner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification. The real property consists of four (4) parcels totaling approximately 268.30 acres and is generally located at the northwest corner of West Veterans Parkway (US 34) and Beecher Road. The petitioner is requesting rezoning approval from R-1 Single- Family Suburban Residential District to M-2 General Manufacturing District (contingent on approval of annexation by the City Council). Action Item Rezone 5. PZC 2024-27 Grande Reserve Units 18 & 25, the petitioner, Cesar Cruz on behalf of GR Yorkville Residents, LLC, owner, is seeking Final Plat approval for an approximately 22-acre site consisting of 164 new residential townhome lots and four (4) open space outlots located north of the BNSF railroad and east of Tuscany Trail in Yorkville. Action Item Final Plat 6. PZC 2024-28 Grande Reserve Unit 21, the petitioner, Cesar Cruz on behalf of GR Yorkville Residents, LLC, owner, is seeking Final Plat approval for an approximately 10-acre site consisting of 60 new residential duplex dwelling units on 30 lots located west of the intersection of Crooker Drive and Brady Street in Yorkville. Action Item Final Plat Additional Business 1. City Council Action Updates a. 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 b. 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 c. 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 Adjournment DRAFT Page 1 of 5 PLANNING & ZONING COMMISSION City Council Chambers 651 Prairie Pointe Drive, Yorkville, IL Wednesday, October 9, 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, Marge Linnane-yes, Richard Vinyard-yes City Staff in Attendance Krysti Barksdale-Noble, Community Development Director Sara Mendez, Planner1 Monica Cisija (via Zoom) Meghan Lamb, City Attorney Alderman Dan Transier (via Zoom) Alderman Chris Funkhouser (via Zoom) Others in Attendance Lynn Dubajic Kellogg, City Consultant Chris Vitosh, Vitosh Reporting Service Joey Weslo, Kendall County Record (via Zoom) Mitchel Kay, Attorney, Consume Cannabis Steve Weber, Consume Cannabis Peter Karlis (via Zoom) Nick Taylor (via Zoom) Jake Coward, Director of Operations, Consume Cannabis SEE ALSO ATTACHED SIGN-IN SHEETS FOR ADDITIONAL ATTENDEES Previous Meeting Minutes September 11, 2024 Motion by Mr. Williams and second by Mr. Forristall to approve the minutes as presented. Roll call: Forristall-yes, Hyett-yes, Millen-yes, Linnane-yes, Vinyard-yes, Williams-yes Carried 6-0. Citizen’s Comments None Public Hearings Chairman Vinyard said there was one Public Hearing tonight. He explained the procedure for the Public Hearing, taking of testimony and then swore in those who would present testimony. A motion was made and seconded by Mr. Williams and Ms. Linnane, respectively, at about 7:03pm, to open the Public Hearing. Roll call: Forristall-yes, Hyett-yes, Millen-yes, Vinyard- yes, Williams-yes, Linnane-yes, Carried 6-0. Page 2 of 5 Chairman Vinyard read the Public Hearing description as follows: 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 9:00a.m. to 9:00 p.m. Monday through Saturday, and 10:00a.m. to 6:00p.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. (See Court Reporter's transcript) (All responses to be included in official transcript) Public Hearing testimony concluded at approximately 8:05pm and the Hearing was closed on a motion by Ms. Linnane and second by Mr. Millen. Roll call: Millen-yes, Linnane-yes, Vinyard- yes, Williams-yes, Forristall-yes, Hyett-yes. Carried 6-0. Unfinished Business None New Business 1. PZC 2024-19 Steve Weber, on behalf of PTS Corp. (contract lessee and petitioner) and Fort Smith FD Partners, LLC (see full description in #1 above) Community Development Director Krysti Barksdale-Noble gave a summary of the ordinances applicable to this petition. She described the building and property being considered and said it is currently vacant. The zoning is B-3 and B-2 on the west. The dispensary was reviewed by the legal department and outside agencies to insure compliance and for the Special Use. Ms. Noble noted that only one cannabis dispensary will be allowed in the city per ordinance. She also said there is a required 500 feet separation from any school and that Parkview Christian Academy is 460 feet from property line to property line. A variance will be requested for the distance. She said the petitioner has met the bulk regulations. Ms. Noble noted the drive-through window and said the window and e-commerce are prohibited by city ordinance. Elevations and signage were discussed and Ms. Noble said the petitioner has requested a variance for the number of wall- mounted signs and hours of operation. Staff researched 10 other communities' cannabis laws and found that most other towns allow 2 dispensaries and the distance from schools ranged from 220-970 feet. A distance map was prepared by staff to show the available sites which are very limited in the city. A community meeting to present information on the dispensary was held by the petitioner for nearby property owners, however, no public members attended. A written objection from the Parkview Academy attorney was received and Ms. Noble said a letter in support of the dispensary was received from an area business. Additional information related to the Special Use was requested by staff including owners/those having financial interest, lease or contract, business plan, waste management plan and security plan. If the Special Use and variances are approved, staff is recommending signage be posted inside the business stating no consumption on premises and also the minimum requirement of Page 3 of 5 landscaping be installed by the sign. Ms. Noble reviewed the standards for Special Use and the petitioner's responses. The Commission then discussed the Special Use request. Chairman Vinyard said he disagreed with the location of the proposed dispensary. Mr. Forristall questioned the need for the security and if it is required by the state. Ms. Noble noted the business is a cash-only operation and Jake Coward, Assistant Director of Operations of Illinois said the security and video cameras are required by state statute and because of the cash operation. Ms. Linnane also said she does not like the location due to the many family-oriented uses nearby, though she is not opposed to the dispensary. She also did not favor the name “Consume Cannabis”. Mr. Hyett commented that the location is bad and noted the hotel behind the proposed site. Ms. Noble recapped the 3 variances being requested and she reviewed the standards and responses for them. There was no further discussion. Action Item Special Use Commissioners Williams and Linnane, respectively, moved to approve the Special Use. Mr. Williams read the motion as follows: 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. Roll call: Linnane-no, Vinyard-no, Williams-yes, Forristall-no, Hyett-no, Millen-no. Motion failed 5-1. Action Item Variance (distance) Commissioners Williams and Millen moved and seconded, respectively, to approve the variance regarding distance from a school. Mr. Williams read the motion as follows: 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. Roll call: Vinyard-no, Williams-yes, Forristall-no, Hyett-no, Millen-no, Linnane-no. Motion failed 5-1. Action Item Variance (hours) Commissioners Williams and Forristall moved and seconded, respectively, to approve the variance regarding change of hours. Mr. Williams read the motion as follows: 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 “10:00a.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” for an approximately 1.33-acre parcel located at 1508 N. Bridge Street. Roll call: Williams-yes, Forristall-no, Hyett-no, Millen-no, Linnane-no, Vinyard-yes. Motion failed 4-2. Page 4 of 5 Action Item Variance (signs) Mr. Williams moved [no second was audible] to approve relief from only one wall-mounted sign. He read the motion as follows: 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. Roll call: Forristall-no, Hyett-no, Millen-no, Linnane-no, Vinyard-no, Williams-yes. Motion failed 5-1. 2. 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 east of 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 east of Eldamain Road in unincorporated Kendall County. Ms. Mendez presented the facts for this petition and stated that Mr. Tremain is requesting a map amendment and rezoning to R-3 for his 3.6 acres, in order to construct 2 single-family homes. The Commissioners had no discussion for this 1.5 Mile Review. If approved, this will move to the City Council on October 22nd. Action Item 1.5 Mile Review Mr. Williams moved and Mr. Hyett seconded to approve the request. Mr. Williams read the motion as follows: In consideration of the proposed mile and one-half review of Kendall County Petition 24-26 for a map amendment 3.6 +/- acres located immediately north of River Road and approximately 0.75 miles east of 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 not to object to the request. Roll call: Forristall-yes, Hyett-yes, Millen-yes, Vinyard-yes, Williams-yes, Linnane-yes. Carried 6-0. 3. 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 north of the East Schoolhouse Road (IL Route 126) between Grove Road and Hopkins Road in unincorporated Kendall County. The summary of this petition was presented by Ms. Mendez who said this is a request to vacate a public easement between 2 separate parcels so Mr. Jeffers can construct a home in the center of the 2 lots. She said the HOA is OK with this request as well as staff. There was no other discussion. If approved, this will move to the City Council on October 22nd. Page 5 of 5 Action Item 1.5 Mile Review Mr. Williams moved and Mr. Millen seconded a motion to approve Mr. Jeffers' request. Mr. Williams read the motion as follows: In consideration of the proposed mile and one-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 not to object to the request. Roll call: Forristall-yes, Hyett-yes, Millen-yes, Linnane-yes, Vinyard-yes, Williams-yes. Carried 6-0. Additional Business 1. Appointment of New Vice Chair Ms. Noble said Mr. Vinyard has been appointed as the new Chairman of this Commission. Mr. Vinyard recommended Mr. Williams as the new Vice-Chair. 2. City Council Action Updates a. PZC 2024-01 Yorkville Renewables has been moved to City Council on October 24 for a vote. b. PZC 2024-18 Kendall County Petition 24-07 Jerry Styrczula: approved. c. PZC 2024-20 Kendall County Petition 24-22 Leo M. Phillip: approved. Adjournment There was no further business and the meeting was adjourned at 8:44pm on a motion by Danny Williams. Respectfully submitted by Marlys Young, Minute Taker 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 1 UNITED CITY OF YORKVILLE YORKVILLE, ILLINOIS PLANNING AND ZONING COMMISSION PUBLIC HEARING 651 Prairie Pointe Drive Yorkville, Illinois Wednesday, October 9 , 2024 7 :00 p .m . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 2 PRESENT: Mr. Rich Vinyard, Chairman, Mr. Danny Williams, Mr. Greg Millen, Mr. Rusty Hyett. Mr. Ryan Forristall, Ms. Marge Linane. ALSO PRESENT: Ms. Krysti Barksdale-Noble, Community Development Director; Ms. Sara Mendez, Planner; Ms. Marlys Young, Minute Taker. - - - - - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 3 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; PTS CORP. BY: MR. MITCHEL KAY 4801 Emerson Avenue, Suite 112 Palatine, Illinois 60067 (847) 404-6687 appeared on behalf of the Petitioner; HODGES, LOIZZI, EISENHAMMER, RODICK & KOHN BY: MR. ANTONIO J . SENAGORE 500 Park Boulevard, Suite 1000 Itasca, Illinois 60143 (847) 670-9000 appeared on behalf of Parkview Christian Academy. - - - - - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 4 I N D E X WITNESS:PAGE: STEVE WEBER 8 JORDAN GASH 18 CORIN YOUNG 22 AL BLOMQUIST 27 FRANCIS KLAAS 28 MOLLY KREMPSKI 30 DR. RAY EPPERSON 34 DAVE YOUNG 37 MARK VAN DENEND 39 MIKE KREMPSKI 43 TONY SENAGORE 44 ANNELIESE LINNEMANN 49 MITCHEL KAY 51 MIKE KRKLJUS, JR.59 COLLEEN MURPHY 62 - - - - - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 5 (WHEREUPON, the following proceedings were had in public hearing:) CHAIRMAN VINYARD: We will move on to the next item on the agenda, into the public hearings. There is one public hearing scheduled tonight for the Planning and Zoning Commission meeting. The purpose of this hearing is to invite testimony from members of the public regarding the proposed request that is being considered before the Commission tonight. Public testimony from persons present who wish to speak may speak for or against the request, or to ask questions of the petitioner regarding the request being heard. The persons wishing to testify are asked to speak clearly, one at a time, state your name, who you represent. You are also asked to sign in at the podium over there. If you plan to speak during tonight's hearing as a petitioner or member of the public, please stand, raise your right hand and repeat after me. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 6 (Witnesses sworn.) CHAIRMAN VINYARD: Thank you, all. You may be seated. So the order for receiving testimony will be as follows: The petitioner presentation, followed by those who wish to speak in favor of the request, and then finally those who wish to speak in opposition of the request. So may I have a motion to open the public hearing on Petition number PZC 2024-1 9 PTS Group requesting a special use authorization and variances? MR. WILLIAMS: So moved. So moved. MS. LINANE: Second. MR. HYETT: Second. CHAIRMAN VINYARD: Roll call on the motion. MS. YOUNG: Yes. Forristall. MR. FORRISTALL: Yes. MS. YOUNG: Hyett. MR. HYETT: Yes. MS. YOUNG: Millen. MR. MILLEN: Yes. MS. YOUNG: Vinyard. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 7 CHAIRMAN VINYARD: Yes. MS. YOUNG: Williams. MR. WILLIAMS: Yes. MS. YOUNG: And Linane. MS. LINANE: Yes. CHAIRMAN VINYARD: All right. This is a mouthful now. So the public hearing up for tonight's public discussion is PZC 2024-19, Steve Weber on behalf of PTS Corp, this is the contract lessee and petitioner, and Fort Smith FD Partners, LLC would be the 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 North Bridge Street located in the northeast quadrant of Veteran's Parkway and North Bridge Street. The petitioner is also seeking three variances to Section 10-4 -14 of the Yorkville Unified Development Ordinance: One, reducing the minimum distance between the dispensary and certain pre-existing institutions from 500 feet to 450 feet; the second is extending the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 8 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, three, allowing more than one wall mounted sign by adhering to the current signage regulations for similar B -3 businesses while complying with the Illinois cannabis signage rule. Is the petitioner for PZC 2024-19, PTS Corp. present and prepared to make your presentation? MR. WEBER: Yes, I am. CHAIRMAN VINYARD: Very good, sir. STEVE WEBER, having been first duly sworn, testified from the podium as follows: MR. WEBER: Good evening, everybody. My name is Steve Weber. I am the petitioner for this current request for tonight. Just a little background. So I am a resident in the western suburbs, I currently reside in Kane County, in St. Charles, and I just thought I would let you know the reason I got into cannabis is about ten years ago, me being a military veteran, I saw how much help that the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 9 product provided wounded veterans as well as veterans that suffer from PTSD, depression, pain, anxiety, so that was my inspiration to get into the space. So fast forward ten years later, we are here now. PTS -- all right. PTS , our core values, our core values are education, number one. We believe in properly informing our customers, both medical and recreational, of -- one thing I want to say is that this store is going to both be able to both serve recreational as well as medicinal consumers, providing continuous course offerings to the public, advise through education and purchasing guidance, we strive to educate consumers about the realities of cannabis and its effects for both medicinal and recreational consumers. Second core value is community. We believe in becoming strong partners within the community. We support local chambers of commerce and community events where appropriate. We believe in strong relationships and communications with our neighboring businesses. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 10 Responsibility. Our marketing efforts and communications are directed and curated for adult consumers, not under age. All marketing materials are compliant through the rules and regulations set by the industry. We have created procedures and processes of review that are dedicated to compliance. PTS difference. So we are a vertically integrated company. We deal with cultivation, manufacturing, as well as distribution and retail. Cultivation. We have created proprietary methods that produce top shelf flowers. They include lighting schemes, automated irrigation methods, unique media formulations and novel HVAC designs. Manufacturing. We currently produce over 2 50 active SKUs for retail distribution, including beverages, popsicles, chewing gum, chocolate, gummies, vapes, topicals, concentrates at a scale all in multiple size, child safe form factors. Distribution. PTS partners with a broad range of dispensaries in Illinois, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 11 Michigan, Arizona and Ohio. We have a very experienced executive team. Our team has completed hundreds of harvests over the years in multiple states. We have managed numerous operations around the country in a variety of climates and geographies. Management has shown the ability to both port and scale our I P into both new and established markets. CPG strategy branded product development. Our board members have decades of successful experience in consumer packaged goods, retail sales and distribution. Tonic, a THC infused beverage, is the number one product in this category in Illinois and Michigan. Our stores are branded consume Cannabis Company. We have operational retail outlets in Illinois, Michigan, Ohio and Arizona. We are dedicated to scientifically driven proprietary IP. Through our subsidiary, we have multiple patent pending. Our technologies include solvent extraction, novel dry cure methods and unique sensors for improving yields. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 12 We are compliant with compliance. We respect that cannabis advertising should not directly or indirectly propose that any laws pertinent to the sale and consumption of cannabis should not be complied with. Advertising should adhere to general and industry standard advertising best practices. Abuse or inappropriate consumption of cannabis should not be encouraged directly or indirectly. Advertising themes, concepts and visuals should not depict any imagery that may target an underage person or intend to encourage an underage person to consume cannabis. We, along with our licensed security company, Silver Star Protection Group, have shared our security plan with Police Chief James Jensen as well as his command staff. We have a very robust security plan that has been designed to ensure the safety and security of employees, purchasers, and the community is a priority. PTS Corp. has a proven ten-year track record of operating both dispensaries as well as cultivation facilities that feature a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 13 discipline free record of full regulatory compliance and adherence to the Illinois Cannabis Regulation and Tax Act. As an organization that has done millions of customer transactions, we pride ourselves as being a market leader at compliance, followed by our relentless pursuit of customer service. These are some of the different advertisements as well as compliance rules in the states that we currently operate in. This just shows some of our different locations in different states. As I mentioned, we are in four different states right now, Arizona, Illinois, Michigan and Ohio. Why is consume different than other dispensaries? Consume Cannabis Company is a national retail cannabis brand with the purpose of providing a better cannabis experience to medical and recreational purchasers. Since education is at the heart of Consume, all of our advisors and staff begin with a proprietary training program to gain a full understanding of local cannabis laws, products 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 14 and consumption methods. Our onboarding and training processes go beyond a training manual. We offer an online platform, consume University, that provides mini tutorials and interactive lessons. Our goal is for every consumer to have a better understanding of cannabis and the effects that it will have on their body. I just want to give you a snapshot of currently what's going on in Illinois. So when you originally passed your ordinance, there was 55 medicinal-only stores that were allowed in the state. Fast forward four years now, there is currently 2 28 active dispensaries in Illinois, 16 that are under construction or approved. There is -- per Illinois law, 3 55 stores are allowed to open up in the state, so that leaves 111 remaining to be approved and/or open. Stores that are currently close to Yorkville, there is two stores currently operating in Oswego, two in Plainfield that are coming soon, there is one in Montgomery, and then 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 15 there is three in Aurora. Once again, this is the snapshot of where the consume locations are in the four different states. Consume Cannabis, benefits of having a consume dispensary in Yorkville. Due to the nature of the business and difficulty moving licenses, consume provides a stable, long-term tenant for -- or building owner for years to come. Consume dispensary locations will fill an empty retail location. Where possible, we will use locally based businesses for goods and services or contracted needs. Consume attracts new customers to the area who will inherently spend money at local businesses. We provide both salaried as well as hourly positions along with benefits to our employees. Average employee count at a consume is approximately, between full-time and part-time, 20 to 25. Our average monthly payrolls are around $75,000 a month plus. New employees. Because of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 16 payroll, the new employees will spend locally, adding to the economy, as well as offering new options for employment other than fast food or traditional retail jobs, while also paying at or above most other comparable employers. At one of our recent stores that we opened up, we had over 250 applications for 20 spots. Any time we promote somebody and we need to recruit new patient advisors, there is always a lot of applications that come. There is lots of people that want to be employed by -- they want to be in the space. They want to be employed by cannabis dispensaries, so it just shows that, you know, there is people that are very interested and passionate and want to be in the cannabis space. I note tonight one of the requests that I had is for -- to slightly change the hours that the ordinance has in place. The justification for the request is I wanted to just kind of show the hours that we are requesting. At the top you can see Monday through Saturday, 9 :00 to 9 :00, and then Sunday, 10:00 to 6 :00, which equates to 80 hours of being 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 17 open. Our nearest competitor is Ivy Hall. They are going to be open for 84 hours. They are open from 9 :00 to 9 :00 Monday through Thursday; Friday, Saturday, 9 :00 to 10:00 p .m .; and then Sunday, nine to seven. Market 9 6 , which is in Oswego, they are open Monday through Sunday from 9 :00 to 9 :00 p .m ., 84 hours total open. And then Cloud 9 , which is the most recent one that opened up, they are open from Sunday through Thursday, 8 :00 to 9 :00; and then Friday and Saturday, 8 :00 to 10:00, for a total of 93 hours. So those are the closest competitors in their hours. And then I made an additional slide that just kind of shows some of the other businesses in town, the liquor stores, in regards to their hours, so I just wanted you to understand where I was coming from in regards to why I requested the hours be what they are. Here is our management team. Obviously I am not going to go through each person's bio here, but just to let you know that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 18 we have a very strong management team. With that, I thank the staff for putting everything together. I thank the Planning and Zoning Commission for obviously listening to us. Obviously I am seeking a favorable recommendation on all of the requests and, with that, I would like to just say thank you, and our full staff is here for any questions that anybody may have. Thank you very much. CHAIRMAN VINYARD: Thank you. All right. Is there anyone who wishes to speak in favor of the request? (No response.) CHAIRMAN VINYARD: Seeing as there are none, are there anyone present who wishes to speak in opposition of the request? All right. Please step up to the podium. JORDAN GASH, having been first duly sworn, testified from the podium as follows: MR. GASH: Hello, everyone. My name is Jordan Gash. I am a Yorkville resident. Just 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 19 want to start out by saying thank you to everyone. I know some of you who are here and I appreciate all that you do for the community. I am here on behalf of Parkview Christian Academy. I serve as the board president at the school, and I actually met with Mr. Weber on July 13th over the summer and we voiced our objection at that time to the location of the cannabis facility, and so at that time I think the same things that I am going to share tonight are the same things that we shared in our conversation. We are not objecting to the business being in Yorkville, we are objecting to its location and the close proximity that it is to the school. So I live here in Yorkville, my wife Melissa and I have four kids. Three out of four attend Parkview Christian Academy, and so, too, my middle schooler and my high s chooler who is currently enrolled at the school would be right there at that upper campus, and so we have moral objections as a family, moral objections as a school, and my request tonight for those of you 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 20 that are making this decision and taking this decision up the chain to be voted on as it relates to these variances, we respectfully ask that these variances not be approved. We feel like those standards are in place for good reasons, and if they are approved, I think my question would be who is looking out for our kids, and so those standards are there for the safety and the health and the well-being of children and so to go against those standards and against those variances, I 'd be personally saddened as a resident because I feel like we need to be looking out for our children, that's the reason why those standards are in place, and so for all of you that have an opportunity to be a part of this decision, for our mayor, ultimately for our aldermen, I ask you to look out for the kids. The other thing I think I 'd like to bring up is, you know, not only looking out for the kids, but I 'd ask the question if those variances were to be approved, you know, what do we value as a community. I think that, again, Parkview 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 21 Christian Academy, it's not just a 501(c )(3 ) non-profit, it's made of up of families, Yorkville residents, taxpayers like myself who have come together to teach their kids, so we've got an a mazing staff, it's an amazing organization. We are teaching biblical values, we are teaching service, community service, and I think that if these variances are approved, it makes me ask that question as a resident what do we really value. There is more to being a successful community than our tax revenues, and I feel like to take really the decision that is being made it's between PTS and Parkview Christian Academy because of these variance requests, and so I think that that's a good question to ask, what do we value, so I just want to propose that to you tonight. And, again, I am speaking on behalf of our school board, on behalf of our school community, we respectfully ask that the variances not be approved, and then, too, that we ask our ourselves some of those questions I think are 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 22 good for all of us, who is going to protect our kids. That's why those standards are in place. We ask they be upheld. And then, two, what do we truly value as a community. So thank you for your time. I appreciate it. (Applause.) CHAIRMAN VINYARD: Thank you, sir. Whoever would like to go next, please. CORIN YOUNG, having been first duly sworn, testified from the podium as follows: MS. YOUNG: I have prepared my comments on paper here just to make sure I am respectful of everyone's time. CHAIRMAN VINYARD: Could you state your name for us, please? MS. YOUNG: Oh, yes. Corin Young. I am a parent at Parkview Christian School and I have lived in Yorkville my entire life. So long time resident. Today I would urge you to increasing the distance between cannabis dispensaries and the schools for the sake of our children's health 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 23 and safety. Under Illinois law, as you are all aware, cannabis dispensaries must be at least 500 feet from schools, and I will cite several sources throughout my material. I am not going to list them all for you because I think that's probably a waste of your time, but I do have the materials here if you would like to see them. Resident studies and insights from public health organizations suggest that this distance may not be sufficient to shield young people from the negative effects from cannabis exposure and marketing. The Centers for Disease Control and Prevention highlights that cannabis use among teens can interfere with brain development, affect academic performance and increase the risk of mental health issues like anxiety and depression, and based on your comments, I 'm sure that that's not something that you want and I appreciate your effort to educate the communities that you reside in. However, as we examine the broader 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 24 implications of cannabis dispensaries on our communities, it becomes evident that the issues extend beyond their proximity to schools . Lax regulations, particularly in terms of security and monitoring, which it sounds like you make an effort to address, have raised concerns about the relationship between these establishments and local crime rates, as well as homelessness. Research from multiple sources suggests that communities with high visibility of cannabis dispensaries are seeing troubling correlation with increased crime and homelessness. Many cannabis products are highly potent, leading to cases where dependency or even mental health crisis such as cannabis induced psychosis are becoming more and more common. In the case of Johnny Stacks' story, it is a heartbreaking example of how this dependency can spiral. Johnny's use of highly concentrated THC products led him into a cycle of addiction, ultimately resulting in severe mental health struggles, and tragically his suicide. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 25 We know that many of Consume Cannabis' products are edibles geared towards children in both their flavoring and high concentrations of THC. Moreover, many of these packages contain 100 milligrams of THC, a dosage level that is described as follows: Even in seasoned consumers, negative side effects like paranoia and rapid heart rate can occur. Coordination is almost always impaired at this stage, end quote. Current regulations allow a consumer to purchase 500 milligrams of T H C per day. While we cannot change Illinois law or the current city regulations, we can at the very least enforce the lax requirements for cannabis dispensaries. A 202 1 national survey on drug use and health found that among the 5 2 million Americans 12 years and older who used marijuana in the past month, 16 million were addicted. One-third of the users can't quit despite the drug's negative effects on their lives. In closing, and on a personal note, I would ask is this who we are as a community? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 26 The Yorkville I grew up in used to be a place of nurturing, growth and care. I watched my local church coordinate with local business owners to build a gazebo in Town Square Park. It was no small feat at the time. I was there for the original duck race on the Fox River. I have watched businesses come and businesses go, and I have watched community members invest so much time into this community because we believe in this community. We believe in being here and in what's being done here. We joined Parkview Christian Academy for that very reason. My family has not been the most prominent or outspoken family in Yorkville, but we have been the quiet servants of this community, raising funds, bringing meals to those in need, gathering supplies and raising our family to leave things better than they found them. We work hard and pray even harder for safe educational opportunities for our children, something our local school district 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 27 wasn't able to provide. I ask you to consider the many sacrifices of local families, many of whom are unable to be present here tonight prior to making our choice, what is the cost of our children's future and our community's future? (Applause.) CHAIRMAN VINYARD: Thank you. Who would like to go next? Please step up to the podium, sign in and then state your name for us, sir. AL BLOMQUIST, having been first duly sworn, testified from the podium as follows: MR. BLOMQUIST: Yes, sir. My name is Al Blomquist, and my piece is relatively brief here. Just as a grandfather of three teenage boys here in Yorkville, I would strongly urge that just as we would not sell cannabis to children, so should we avoid the marketing or selling of cannabis in a neighboring location to a school. I have nothing against a marijuana store per se as long as it is kept in a normal zoning distance from the school. Thank you. CHAIRMAN VINYARD: Thank you, sir. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 28 Next. FRANCIS KLAAS, having been first duly sworn, testified from the podium as follows: MR. KLAAS: My name is Francis Klaas. I live at 205 East Kendall Drive in Countryside Center Subdivision. I am here representing myself, my wife and my family. I am going to disagree just a little bit with the president of Parkview Christian Academy because I am speaking against this petition, but not only for the reason that it's in proximity to the school, but that it's in Yorkville at all. UNIDENTIFIED AUDIENCE MEMBER: Amen. MR. KLAAS: I would encourage the board to not approve the variances, and just as soon as you can, increase the setbacks and every other thing that is required of a dispensary and make it so uninviting to Yorkville that none are ever located here, and I say this, you know, for a couple different reasons. The proliferation of drugs and alcohol in our country is not a good thing, and I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 29 think it sets a terrible example for our young people, and it desensitizes them to drugs and alcohol. Even if they are not allowed to do it, they are affected by this. We want Yorkville to be a wholesome community, and just because other communities are building dispensaries, that doesn't make it right. There are thousands of stores that sell cigarettes; I wouldn't say that's virtuous. So I think I would encourage you to choose to say no and make this an uninviting thing. Vote no on the variances and simply say no. Just because Montgomery or Oswego is doing it, it doesn't mean it's a good thing for Yorkville. UNIDENTIFIED AUDIENCE MEMBER: That's right. MR. KLAAS: I love this town, and I just don't think that sort of thing should be here. Thank you. CHAIRMAN VINYARD: Thank you, sir. (Applause.) CHAIRMAN VINYARD: Have the podium. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 30 MOLLY KREMPSKI, having been first duly sworn, testified from the podium as follows: MS. KREMPSKI: My name is Molly Krempski. I own properties in Yorkville. I have a bunch of kids, but they don't go to Parkview, I am just here speaking on behalf of myself and my family. I want to clear up a couple -- or just one really misunderstanding about the 500-foot setback that keeps coming up in conversations that I have been having and then I will say what I came to say. I feel like when the purposes for specific ordinances are understood, there is a tendency to have more respect for them. So there is various types of businesses that require setbacks from schools. These setbacks are put in place to keep -- they aren't put in place to keep the kids out of businesses, we already have laws for that, but these school setbacks are put in place to mitigate the proven secondary effects that various business types have on the community. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 31 The Secondary Effects Doctrine was established about 15 years ago. We had the Supreme Court ruling Young v . American Mini Theaters , and it allows for setbacks to be established to keep spaces around residential areas, schools, parks, churches, from deteriorating. In subsequent decisions the court added that a city does not have to conduct its own study to justify its reliance on the secondary effects argument; instead, the city could rely on studies conducted in other cities previously. This is why Yorkville is able to legislate cannabis setbacks from schools, because the activities that have occurred in other towns prove the need for such legislation. Thought, planning, research and discussion went into these ordinances. As you know from your time spent on this committee and perhaps if you served on other committees, it's a deliberate and rational process that is entered into with the aim of creating spaces where children can safely learn and grow. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 32 I have always been in favor of upholding ordinances put in place to protect children, and I am still, after several years of speaking before committees and the City Council here in Yorkville, am in favor of upholding ordinances put in place to protect children. I realize that you guys might feel some pressure to generate revenue for the city, but I will ask, as many of these people have asked tonight, what is the security of Yorkville's children worth to the committee? Because it's priceless to me. I know it seems to make sense by the reasoning of men that if we want to be prosperous we need to facilitate the opening of as many businesses as possible, but it doesn't always work that way. A city that prioritizes revenue over the defense of the most defenseless among us will never know true prosperity. The Preamble to the Illinois Constitution -- and, now, this is a document that the aldermen have sworn an oath to uphold -- it reads: We, the People of the State of Illinois, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 33 grateful to Almighty God, for the civil, political and religious liberty which He has permitted us to enjoy and in seeking his blessings upon our endeavors, in order to provide for the health, safety and welfare of the people; maintain a representative and orderly government; eliminate poverty and inequality; assure legal, social and economic justice; provide opportunity for the fullest development of the individual; ensure domestic tranquility; provide for the common defense; and secure the blessings of freedom and liberty to ourselves and our posterity, do ordain and establish this Constitution for the State of Illinois. So Illinois was established to provide for people by honoring God. Putting kids at risk by nullifying ordinances that were put in place to ensure their safety, their welfare, their fullest development, does not honor God or secure his blessing. (Applause.) CHAIRMAN VINYARD: Thank you. By a show of hands, could you guys let me know how many more people would like to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 34 say something? (A show of hands.) CHAIRMAN VINYARD: Okay. In defense of the amount of people that want to say something, I am getting the point that the location of this is going to be the main issue. Am I correct with that? UNIDENTIFIED AUDIENCE MEMBERS: No. No. CHAIRMAN VINYARD: That's what I am getting with every one of them? UNIDENTIFIED AUDIENCE MEMBERS: No. CHAIRMAN VINYARD: All right. So those of you who have something to say other than its proximity to Parkview, I am going to take you guys next. We've got a pretty good grasp on the location issue. If you have any other concerns outside of its proximity to Parkview, please grab the podium. DR. RAY EPPERSON, having been first duly sworn, testified from the podium as follows: DR. EPPERSON: My name is Dr. Ray Epperson. I am the superintendent at Parkview 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 35 Christian Academy. I have lived in Yorkville basically since I got married in the early 80's , my wife has lived in Yorkville since she was born, so we are long-time residents of the community. Yes, the proximity is a major concern, but you asked for additional things. In your initial presentation you talked about the fact that your company complies with all the regulations, but the purpose of this meeting is you are asking to change three things that are currently regulations. (Applause.) DR. EPPERSON: More signage, more hours, and closer to the school. Again, those regulations are there for a reason. They weren't just developed willy-nilly. A lot of time, thought, effort, went into putting those regulations in place. So it's just a simple ask that they are there for a reason, follow that reasoning of why they are there in the first place. You talked about the number of dispensaries in the state. This isn't just a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 36 question of proximity to Parkview, but I don't know the answer, and maybe I 'd be surprised by the answer, how many of those dispensaries across the state are within 500 feet of a school? (Applause.) DR. EPPERSON: I don't know the answer to that. It might be a lot. I know I have driven in all the surrounding communities just from shopping and living in the area and every one I drive by that has a dispensary, there is not a school in sight anywhere in the vicinity of those places, so my ask is simply the regulations are there for a reason. The last thing I am going to say is you talked about marketing. Businesses spend millions in marketing. They market for a specific reason. The name of this dispensary is consume Cannabis, so there is going to be signs the kids in our community and the families of our community are going to be driving by every single day that say consume Cannabis. I don't think that's good for Yorkville. CHAIRMAN VINYARD: Thank you. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 37 (Applause.) CHAIRMAN VINYARD: Somebody else have anything to say? Please, step to the podium, sign in and state your name. DAVE YOUNG, having been first duly sworn, testified from the podium as follows: MR. YOUNG: My name is Dave Young, I am a resident of Yorkville. I have children and my wife live here. Our children do attend Parkview, but that's not the -- the variance is not the reason. I can tell you real world. I work next to a cannabis dispensary and I can tell you the negative effects it has had on the area in which I work. I am a mechanic. We service a lot of police cars as part of our service to the community, and I can tell you that talking to them after the dispensary went in, the crime rate went up. I can tell you the vagrancy that's happened in our area. The little things, catalytic converters missing, things like that. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 38 Now, that may not directly be because of the cannabis, but I can tell you the crime rate has gone up. It has directly affected the area in which we work. I have been a mechanic for about almost 30 years now and I can tell you that it would be wonderful if cannabis was just used in someone's home, but that's not the case. That's not real world. When I started in this business, it was a rarity to see cannabis and cannabis paraphernalia inside a car. Now that the law has changed, it's probably one in every ten cars that I work on, strong odors, paraphernalia, so I can tell you that they are driving around using this product. There is absolutely nothing -- While there are laws in place that keep these things away from children, there is absolutely nothing that stops someone who is legally able to go into this dispensary, get the product and then sell it to children. Many of the products that they sell are designed for children, edibles and things 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 39 like that, that look like candy. There is nothing that stops them from doing that. So I am very much opposed to this not only for the variance, but in Yorkville. It is not the message we want to send our children and it is certainly not the message that we want to send the community, that we want drugs in our community. Thank you very much for your time. Have a good day. CHAIRMAN VINYARD: Thank you. (Applause.) MARK VAN DENEND, having been first duly sworn, testified from the podium as follows: MR. VAN DENEND: Good evening. My name is Mark Van Denend. I am a Yorkville area resident only for the last three years. We recently moved back to Illinois after a long, sad time in California. I am speaking to you today because I have kids that attend a number of schools in Yorkville, including Parkview Christian Academy. I am also a football coach in the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 40 area, I have players on my team from Plano, Yorkville, Oswego, Minooka, Montgomery, Aurora, you name it, and so I am working with young teenage men on a daily basis. My wife and I are also licensed foster parents. We did foster care for four or five years out in California before we moved here where we also got licensed, and I am just telling you about all of those things because in all of those different situations I have seen the effects of marijuana use in the lives of individuals. So my main objection to this request for a variance is not so much the proximity to the school, but it's the fact that there is a recreational sale of marijuana for any purpose. I have never seen anything good from that. Additionally, I forgot to mention I am also an architect, and when I was an architect in California, my firm did take on a number of dispensaries and also manufacturing facilities that dealt with marijuana processes, and while they often do have pretty incredible security, I have seen some of the drawings, and while there 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 41 are significant regulations, just like some of the -- like Dave shared a second ago, I have also seen crime increase in the areas around those facilities almost a hundred percent of the time. What's shocking to me as well is that even in California where we lived, we lived in the far northern part of the state in the area that's known as the Green Triangle, it is well-known for how well marijuana can grow, even there the proximity required was 1 ,000 feet to a school or a daycare facility or something like that, so just the fact that it's even smaller here blows my mind. In dealing with moms whose kids have been taken away from them in f oster care, oftentimes my wife and I have had the opportunity to support those moms in some way, shape or form while we were caring for their kids, and more often than not those moms were using, and more often than not, it was contributing to or exacerbating underlying mental illness. If anybody cares to look even a little bit into regular marijuana use -- maybe you can make an argument on the medicinal side, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 42 but recreational marijuana use, you know, I encourage you to go to Pub Med and just pore through any of the studies out there. It most definitely contributes to or exacerbates mental illness, psychoses, schizophrenia. Those are things we don't need in our community. They are certainly not things we need for the young people in our community. And then also again to Dave's point about driving while under the influence of marijuana, I don't know -- I mean, maybe people what to show their hands, how many times you have been driving the car and you can smell the car ahead of you. (A show of hands.) MR. VAN DENEND: That happens to me on almost a daily basis now and I can't even believe that. It's not safe. It's not safe. So I appreciate the graphic that showed Montgomery, Oswego, Plainfield, and what I appreciated most about it was Yorkville was not on it, and I ask you to keep it that way. (Applause.) MIKE KREMPSKI, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 43 having been first duly sworn, testified from the podium as follows: MR. KREMPSKI: Hi. I am Mike Krempski. I live in Yorkville, I have some properties in Yorkville proper, and I actually have some nieces and nephews that go to Parkview. My children do not. But I would like to point out, and I hope you guys realize this -- I am assuming you do -- look at this room. Every commission and committee meeting and board meeting I go to, there is nobody there. The room is empty. It's me listening to the aldermen or commissioners or trustees, right? So you can see the community has an absolute concern of what's going on here. One of the things that was brought up was about security and communication with their local police. Well, that's going to put a burden on our police department for our community, right? So while they may be engaging in that, they are taking away from something else in the community or we are having to hire more staff, police, to be able to regulate what's 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 44 going on in the community, so I think there is real concerns. The secondary effects , if anybody takes any time to look into it, they are real. That's why this whole thing started with the Secondary Effects Doctrine, that these are real things that happen in communities, and it's proven over and over again, and the Supreme Court has ruled in favor of communities, towns, villages, to regulate certain businesses based on those effects. So we just ask that you consider that in your decision tonight. We know it's only something that gets pushed forward, but your decision does have weight going forward. Thank you. (Applause.) CHAIRMAN VINYARD: Does anyone have any other topics that haven't been discussed tonight, any viewpoints on this that would like to come up? ANTONIO J . SENAGORE, having been first duly sworn, testified from the podium as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 45 MR. SENAGORE: Good evening. My name is Tony Senagore. I am an attorney at the law firm of Hodges, Loizzi, Eisenhammer, Rodick & Kohn, counsel for the Parkview Christian Academy, and I just wanted to make a couple points. These are raised in my letter, but I just wanted to raise a couple points that were raised in the two letters sent to the City earlier. First, the applicant has not shown compliance with pertinent Illinois statutes on advertising and signage located so close to school grounds. The Cannabis Regulation and Tax Act prohibits placing an advertisement of cannabis or a cannabis infused product in any form or through any medium within 1 ,000 feet of the perimeter of school grounds. The consume Cannabis company is not the name of a registered company according to my search of the Illinois Secretary of State in Illinois, it's a trade name, and if the variance for the signage is granted in this case, the applicant would be effectively placing signage literally encouraging onlookers to consume 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 46 cannabis within 1 ,000 feet of a school. Moreover, the applicant has not demonstrated that they are -- how the applicant would operate its business without any interior signage or how the applicant can operate a dispensary without any advertising. Therefore, the applicant has not shown compliance with state law. In addition, the applicant has failed to satisfy the requirements for a variation. One of the requirements under the ordinance is that the applicant must show a particular hardship would result because of the physical surroundings, shape or topographical conditions of the subject property as distinguished from a mere convenience if the strict letter of the regulations were carried out. According to some of the case law cited in the letter, a particular hardship does not mean a self-imposed hardship or that a piece of property is better adapted for the forbidden use or that a variation would be for the owner's profit. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 47 Here the applicant knew or should have known of the signage requirements before it sought to occupy the subject property. The 500-foot distance requirement a pplies generally to all properties that are located 500 feet from a school, and the applicant has not and cannot show any physical surroundings, shape or topographical conditions require variation. Therefore, on that basis the variation request -- request for variation should be denied. In addition, the applicant must establish that 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. There are several studies cited in the letter showing the negative effects of cannabis business, and the ten or so speakers tonight and the additional people in the audience are -- should receive credit from the Commission as evidence that this would negatively impact other properties in the neighborhood and the public welfare. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 48 And, finally, relatedly, the requirement for a special use also involves the consideration of -- that the change -- the special use I should say serves the public health, safety, morals, comfort and general welfare. Again, based on the information presented in the letter and the sincerely held views of the speakers tonight, the Commission can credit that as evidence that allowing the special use to allow a dispensary would not serve the general welfare. Finally, granting the variation here would create a slippery slope that would justify the use of other a dult-oriented uses in other parts of the city that are not desired. This is a generally applicable requirement and the Commission should not be revisiting a generally applicable requirement, such as the 500-foot distance requirement from schools, in the context of the variation. For these reasons and the other reasons expressed in our letter, the Academy would ask that the variations and the special use 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 49 be denied. Thank you. CHAIRMAN VINYARD: Thank you, sir. (Applause.) CHAIRMAN VINYARD: All right. So we are going to move on with the -- Would you like to say something? Sorry. MS. LINNEMANN: I have something I would like to say. CHAIRMAN VINYARD: Yes, ma'am. ANNELIESE LINNEMANN, having been first duly sworn, testified from the podium as follows: MS. LINNEMANN: Hi. My name is Anneliese Linnemann. I am 16 years old and I am a junior at Parkview Christian Academy, in Upper Campus. One thing that I worry about is the kind of company that this would bring to the area around the school. We have already had a situation happen at school with a suspicious man, and thanks to students that said something, the person was stopped. I am worried that with a place like this so close to school, more things 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 50 like that could happen. Another thing is natural human curiosity. If I had never heard about this place before, maybe I would want to see what it was about, maybe I would become hooked on vape, marijuana or something worse, and then my life would rapidly down-spiral into something I couldn't control, and I am worried that something like that will happen to my classmates and younger individuals at the school that wouldn't know anything about it and the dangers of drugs. Third, 1 Corinthians 15:33 from the Bible says that bad company corrupts good morals. What will happen to the area around the school if this business is put into place? What is Yorkville doing to make sure that my classmates are safe, that my teachers are safe, and I would personally like to know if Yorkville has a plan for that, because I live in Sugar Grove, just 15 minutes to Yorkville, and I am already worried that maybe some seniors or people that are able to buy drugs or alcohol will become curious and then will get bad grades or something bad might happen to them. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 51 Thank you for listening. (Applause.) CHAIRMAN VINYARD: Young lady. Hey, young lady. That was very brave of you to get up and do that. Thank you. MR. REIS: She literally wrote that right now, sitting here listening to all you guys talk. It hit her that hard and she wrote that. (Applause.) CHAIRMAN VINYARD: Thank you. Oh, sorry, petitioners. Yes. MITCHEL KAY, having been first duly sworn, testified from the podium as follows: MR. KAY: Hey, everyone. My name is Mitch Kay. I am the attorney for the petitioner. I am the bad guy tonight I guess. I love these meetings. It's an opportunity to see the community, to hear your concerns. They are all well received. I do want to go over a few items because there is maybe a little confusion on some perspectives. I want to go through very quickly the standards for variation. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 52 First, particular hardship. This property has been vacant for two, three years. This is zoned correctly, we are permitted to apply for a special use permit variance, go through this entire process. We respect, you know, the town listening to us and taking everything we have submitted to heart and, again, listening to the town. There is no other similarly situated property. I want to remind the town that the church is a non-conforming use in this zone without a variance, and to my knowledge the church came in with a threat that they would be able to work there, have a school there, under the guise of suing the town if they didn't permit them to operate. They also came in with another letter threatening to sue. We are data driven. We want to make sure everyone is very well aware, there are subjective opinions and then there are objective, concrete facts. One, we are not marketing anything. A sign is a designation of our store, nothing more than that. You cannot see into the store, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 53 so anything in the store cannot be seen from outside. No one under the age of 2 1 that is outside the -- anyone outside the store cannot see what's going on inside the store. Security is incredibly tight. We are compliant with all regulations. These three are variances. These are ordinances within the town, they are not state regulations. We have to be compliant with all state regulations in order to operate. In every municipality that we have a store in, we have enhanced security, we have a great relationship with the police department, and, in fact, in our facility in Show Low, Arizona, a heavily Mormon community, we have extended our hours because it's been that spotless, and that's how we act as a company. That's what we do. Your town passed a law to permit one dispensary, we are asking for your consideration that we be granted this opportunity. We are at most de minimus distance from the required 500-foot setback, and I 'm not going to formally ask you to look into it, but I did raise in my 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 54 letter, by the black letter of your ordinance, the measurement is from facility to property line, which is over 500 feet, which you guys can discuss on your own whether you want to look at it differently, but that would put us out of even needing a variance for that. Slippery -- Is Mr. Senagore here? Slippery slope argument, first year of law school? It's not a valid argument. We can't go on subjective Reefer Madness from the 1960's and think this is the same thing. MR. GASH: That's disrespectful. MR. KAY: It's not. UNIDENTIFIED AUDIENCE MEMBER: Yes, it is. CHAIRMAN VINYARD: Point of order. MR. KAY: Respectfully, we want to have concrete, objective facts. We want to discuss with you what's going on. I also -- MS. KREMPSKI: Are you addressing the board? MR. KAY: I am addressing the entire room. CHAIRMAN VINYARD: Please. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 55 MR. KAY: I 'm letting you hear what's going on, so -- I gave you guys time to speak, please also be courteous to my time. Thank you. We are not here in the 1960's in Reefer Madness taking, you know, subjective opinions on what a few individuals think is going on. There are 20,000 residents of Yorkville. I am happy some showed up, that's wonderful. That is a minority compared to the total folks in this town that would have otherwise shown up if there was that much concern. UNIDENTIFIED AUDIENCE MEMBER: Where are the other ones speaking up for it? CHAIRMAN VINYARD: Point of order. MS. LAMB: Let's keep the comments -- CHAIRMAN VINYARD: Yeah, comments have to keep to their -- You guys had your opportunity, sorry. MR. KAY: So going down the steps for a variation, this owner cannot find another suitable tenant. It's been two to three years since anyone has been on the property. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 56 The conditions upon which the petition for a variation is based are unique to this property. It is in the correct zoning district. We cannot build anywhere else in the town to similarly situate ourselves to conduct our business. If we cannot receive these variances or approval to operate, yes, we would have a significant hardship in not being able to conduct business. And no, based on many other studies -- and some of the studies cited were based on Portland, Oregon, which legalized every drug, open use of needles, heroin, which they are now trying to call back, that's not Yorkville. Those studies on secondary environment are looking at drastically different environments, and that needs to be considered when we're looking at how this could impact or not impact your community. And, again, the proposed variation will not impair any adequate supply of light or air to the adjacent property. I have submitted my letter in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 57 response to Mr. Senagore before. His last letter, again, was filled with inaccuracies and, you know, assumptions on what we do. Consume Cannabis is a trade name. We often mark with just Consume, that's just how we do business, so I didn't really understand that point. But, again, we thank everyone for your time and we -- again, sorry if you thought I was being disrespectful, but we appreciate everyone coming out to listen to us, and if you have further questions, we are here to answer them. CHAIRMAN VINYARD: Thank you. Are there any questions from the commissioners for the petitioner? MR. WILLIAMS: Not at this time. CHAIRMAN VINYARD: All right. So we are going to conclude the public hearing. Oh, I 'm sorry, petitioner -- would you like to have your responses to the standards entered into the public record? MR. KAY: Sure. CHAIRMAN VINYARD: Very good. All 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 58 right. 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. KRKLJUS: It's not all been taken, though. CHAIRMAN VINYARD: Excuse me? MR. KRKLJUS: It's not all been taken. I think there are other people that wanted to speak, but you are closing arguments, so I don't think you have taken all the arguments. CHAIRMAN VINYARD: So that's why I was asking if anyone had any topics that weren't already discussed. You had something that -- MR. KRKLJUS: I found something in Illinois law that I 'd like to say. CHAIRMAN VINYARD: Okay. We have already moved on past that. I apologize for that. MR. KRKLJUS: So you are not taking -- CHAIRMAN VINYARD: I 'm sorry. Is there any way we can -- Is there any way we can go back? MR. KRKLJUS: I would like to speak. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 59 MS. LAMB: Yeah, you can -- Let's -- CHAIRMAN VINYARD: Hold on. Let me talk to legal. MS. LAMB: It's okay, you can go back. CHAIRMAN VINYARD: I can go back to that? MS. LAMB: Yes, we have not closed the hearing yet. If there was somebody who had something additional to say, that would be fine. CHAIRMAN VINYARD: Then you have the floor. My apologies. I am not a lawyer. MIKE KRKLJUS, JR., having been first duly sworn, testified from the podium as follows: MR. KRKLJUS: My name is Mike Krkljus, I am a parent of a student at Parkview Christian. We live in Montgomery. There is one point that I wanted to make. I am a contractor, and through the course of my contracting career I have done some commercial work. One of the things that I am familiar with, sir, you mentioned HVAC. I 'm not sure exactly what your HVAC upgrades are, but one of the things that Illinois mandates for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 60 recreational use and the consumption areas, private property, with owner's consent, so I don't know if you are going to be buying that building or you are going to be renting that building. The other thing is an approved dispensary. An approved dispensary is an approved consumption area. I don't know how your HVAC works, but nail salons are required to have above and beyond HVAC systems to expel all the fumes and the gases that they generate. It goes into the open air. If we are -- if we mandate 1 ,000 feet for advertising, 500 feet from schools, what do we do by smells and aromas that make their way out of the business into the surrounding area? If you can answer that regarding HVAC. But I did want to point out, was it your opinion or was it fact to say that Parkview had threatened Yorkville? MR. KAY: It's my understanding. MR. KRKLJUS: Okay. So that's your understanding. Unless you have proof to back 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 61 that up, that's hearsay. I am not a lawyer either, but to come up and discredit a school that is a pillar of the community, that raises young people to be pillars of the community, to give back through organizational structure, through community service, you name it, Parkview is doing it to help the community, so to attack a school like that -- MS. LAMB: Okay. Let's stay on topic, please. Thank you. MR. KRKLJUS: Yeah, that was a personal thing that I didn't like. But as a contractor, you mentioned HVAC. I would be curious to know what the HVAC abilities are of your business to filter what's going to be coming out of that business, because if advertising can't be within 1 ,000 feet, what do we do about the smell? That's a pretty strong advertisement if you ask me. So I 'd like to point that out. CHAIRMAN VINYARD: We will let you readdress it. (Applause.) CHAIRMAN VINYARD: Ma'am, please write your name down. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 62 COLLEEN MURPHY, having been first duly sworn, testified from the podium as follows: MS. MURPHY: My name is Colleen Murphy. I own a business in Yorkville. I also am the founder of a non-profit organization that teaches children five and up how to identify predators online and in person. The first point I would like to make is I think roughly six years ago I had to go before the City because I have a microblade license, which falls under the category of tattoo establishment, and the City of Yorkville told me at that time that they do not allow tattoo establishments in their town, that that is their discretion, and that they did not like what that would bring to the community. I just wanted to make that known. And then also, this summer, with the non-profit work that I do, I went to the Crimes Against Children conference in Dallas and had the opportunity to sit down with the DEA who informed me -- and I am not sure of the exact numbers, but I can get them for you -- they are currently 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 63 finding in our country that children who are in states where cannabis is being sold are roughly nine times more likely to purchase illegally, where it's , quote, more affordable for them, and those drugs are being laced with Fentanyl and things much more deadly than what cannabis is being sold from the dispensary, and I think that's something we really need to take into consideration, especially when you consider that it could be placed near a school. (Applause.) CHAIRMAN VINYARD: Thank you. Any additions? (No response.) CHAIRMAN VINYARD: Anybody? (No response.) CHAIRMAN VINYARD: Going once, going twice. (No response.) CHAIRMAN VINYARD: All right. Would you like to respond to that? MR. KAY: Yes. CHAIRMAN VINYARD: Please. MR. KAY: To your second question, just 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 64 to be clear, the first letter said that you would go through all avenues, including litigation. This was not denied, so that was based on fact. What you read from the regulation is accurate language, but it's related to a consumption lounge. We are not doing that. There is no smoking allowed on premises. So we have a normal -- well, we have a high-end air filtration system in general for all our facilities, but there is no smoking or any consumption of any sort of product on property at any time. It's strictly prohibited. MR. KRKLJUS: Are you prepared to enforce people who do it in their car? MR. KAY: Oh, yeah. No, we shepherd them off, off the property. We have our director of retail operations here as well if you have any additional direct questions, he is happy to answer them, but we -- you know, there are absolutely times when we get, you know, a few people that are unsavory and Mike and his team make sure they are not on our property and they are gone, but it's few and far between. UNIDENTIFIED AUDIENCE MEMBER: What 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 65 about -- CHAIRMAN VINYARD: Okay. MS. LAMB: Folks, this is not a back and forth. CHAIRMAN VINYARD: Folks, yeah, this is his opportunity. Sorry. All right. Anybody else? (No response.) CHAIRMAN VINYARD: All right. Are there any questions from the commissioners? (No response.) CHAIRMAN VINYARD: All right. And I am assuming you would still like your responses added? All right. Very good. 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, please? MS. LINANE: I will make a -- MR. WILLIAMS: So moved. MS. LINANE: Oh. MR. MILLEN: Second. CHAIRMAN VINYARD: Second. All right. Can I have a roll call vote on the motion? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 66 MS. YOUNG: Yes. Millen. Millen. MS. NOBLE: To close the public hearing. CHAIRMAN VINYARD: To close the public hearing. MR. MILLEN: Yes. MS. YOUNG: Linane. MS. LINANE: Yes. MS. YOUNG: Vinyard. CHAIRMAN VINYARD: Yes. MS. YOUNG: Williams. MR. WILLIAMS: Yes. MS. YOUNG: Forristall. MR. FORRISTALL: Yes. MS. YOUNG: And Hyett. MR. HYETT: Yes. CHAIRMAN VINYARD: All right. Motion passes. Seeing that there -- 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 8 :06 p .m .) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 67 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 68, was reported stenographically by me by means of machine shorthand, was simultaneously reduced to typewriting via computer-aided transcription under my personal direction, and constitutes a true record of the testimony given and the proceedings had; That the said public hearing was taken before me at the time and place specified; That I am not a relative or employee or attorney or counsel, nor a relative or employee of such attorney or counsel for any of the parties hereto, nor interested directly or indirectly in the outcome of this action. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 68 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 15th day of October, 2024. __________________________________ CHRISTINE M. VITOSH, C.S.R. 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4:15 52 [1] - 25:18 55 [1] - 14:12 59 [1] - 4:16 6 60067 [1] - 3:8 60143 [1] - 3:13 60563 [1] - 3:4 62 [1] - 4:17 630 [1] - 3:4 651 [1] - 1:17 670-9000 [1] - 3:13 68 [1] - 67:11 682-0085 [1] - 3:4 6:00 [2] - 8:3, 16:24 7 7:00 [1] - 1:22 8 8 [1] - 4:3 80 [1] - 16:24 80's [1] - 35:2 84 [2] - 17:3, 17:9 847 [2] - 3:9, 3:13 8:00 [2] - 17:12, 17:13 8:06 [1] - 66:21 9 9 [2] - 1:21, 17:10 93 [1] - 17:14 96 [1] - 17:7 9:00 [10] - 8:1, 8:2, 16:23, 17:4, 17:5, 17:8, 17:12 A a.m [2] - 8:1, 8:3 abilities [1] - 61:14 ability [1] - 11:7 able [8] - 9:12, 27:1, 31:14, 38:20, 43:24, 50:22, 52:14, 56:9 absolute [1] - 43:15 absolutely [3] - 38:17, 38:19, 64:20 abuse [1] - 12:8 academic [1] - 23:18 Academy [12] - 3:15, 19:5, 19:19, 21:1, 21:15, 26:13, 28:11, 35:1, 39:23, 45:4, 48:23, 49:16 according [2] - 45:19, 46:19 accuracy [1] - 68:5 accurate [1] - 64:5 acre [1] - 7:15 act [1] - 53:17 Act [2] - 13:3, 45:13 action [1] - 67:24 active [2] - 10:18, 14:15 activities [1] - 31:16 adapted [1] - 46:22 added [2] - 31:9, 65:14 addicted [1] - 25:20 addiction [1] - 24:23 adding [1] - 16:2 addition [2] - 46:9, 47:12 additional [5] - 17:16, 35:7, 47:20, 59:9, 64:18 additionally [1] - 40:18 additions [1] - 63:13 address [1] - 24:6 addressing [2] - 54:20, 54:22 adequate [1] - 56:22 adhere [1] - 12:6 adherence [1] - 13:2 adhering [1] - 8:5 adjacent [1] - 56:23 adult [2] - 10:3, 48:15 adult-oriented [1] - 48:15 advertisement [2] - 45:14, 61:18 advertisements [1] - 13:10 advertising [8] - 12:2, 12:6, 12:7, 12:10, 45:11, 46:6, 60:14, 61:16 advise [1] - 9:14 advisors [2] - 13:22, 16:9 affect [1] - 23:18 affected [2] - 29:4, 38:4 affordable [1] - 63:4 age [2] - 10:3, 53:2 agenda [1] - 5:5 ago [4] - 8:23, 31:2, 41:2, 62:10 ahead [1] - 42:14 aided [1] - 67:14 aim [1] - 31:23 air [3] - 56:23, 60:12, 64:9 AL [2] - 4:6, 27:11 Al [1] - 27:14 alcohol [3] - 28:24, 29:3, 50:22 aldermen [3] - 20:17, 32:23, 43:13 allow [3] - 25:11, 48:11, 62:14 allowed [4] - 14:12, 14:18, 29:3, 64:7 allowing [2] - 8:4, 48:10 allows [1] - 31:4 Almighty [1] - 33:1 almost [4] - 25:9, 38:6, 41:4, 42:17 ALSO [1] - 2:10 amazing [2] - 21:5 amen [1] - 28:15 American [1] - 31:3 Americans [1] - 25:19 amount [1] - 34:4 AND [1] - 1:10 Anneliese [1] - 49:15 ANNELIESE [2] - 4:14, 49:11 answer [6] - 36:2, 36:3, 36:6, 57:12, 60:17, 64:19 ANTONIO [2] - 3:12, 44:22 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 1 anxiety [2] - 9:3, 23:19 apologies [1] - 59:11 apologize [1] - 58:18 APPEARANCES [1] - 3:1 appeared [3] - 3:5, 3:10, 3:14 applause [1] - 39:12 Applause [14] - 22:7, 27:7, 29:23, 33:21, 35:13, 36:5, 37:1, 42:23, 44:17, 49:4, 51:2, 51:9, 61:22, 63:11 applicable [2] - 48:17, 48:19 applicant [11] - 45:9, 45:23, 46:2, 46:3, 46:5, 46:7, 46:9, 46:12, 47:1, 47:6, 47:12 applications [2] - 16:7, 16:10 applied [1] - 7:11 applies [2] - 47:5, 68:2 apply [1] - 52:4 appreciate [5] - 19:3, 22:6, 23:22, 42:19, 57:10 appreciated [1] - 42:21 appropriate [1] - 9:22 approval [1] - 56:8 approve [1] - 28:17 approved [10] - 14:16, 14:19, 20:4, 20:6, 20:22, 21:9, 21:23, 60:6, 60:7, 60:8 architect [2] - 40:19 area [12] - 15:16, 36:9, 37:15, 37:23, 38:4, 39:17, 40:1, 41:7, 49:19, 50:14, 60:8, 60:17 areas [3] - 31:6, 41:3, 60:1 argument [4] - 31:11, 41:24, 54:8, 54:9 arguments [2] - 58:10, 58:11 Arizona [4] - 11:1, 11:18, 13:15, 53:15 aromas [1] - 60:15 assume [1] - 68:4 assuming [2] - 43:9, 65:13 assumptions [1] - 57:3 assure [1] - 33:7 attached [1] - 68:2 attack [1] - 61:7 attend [3] - 19:19, 37:10, 39:22 attorney [4] - 45:2, 51:16, 67:21, 67:22 attracts [1] - 15:15 AUDIENCE [7] - 28:15, 29:17, 34:8, 34:11, 54:14, 55:14, 64:24 audience [1] - 47:20 Aurora [2] - 15:1, 40:2 authorization [2] - 6:11, 7:13 automated [1] - 10:15 Avenue [1] - 3:8 avenues [1] - 64:2 average [2] - 15:20, 15:22 avoid [1] - 27:19 aware [2] - 23:3, 52:19 B B-3 [2] - 7:14, 8:6 background [1] - 8:19 bad [4] - 50:13, 50:23, 50:24, 51:17 Barksdale [1] - 2:11 Barksdale-Noble [1] - 2:11 based [8] - 15:13, 23:20, 44:10, 48:7, 56:2, 56:11, 56:13, 64:3 basis [3] - 40:4, 42:17, 47:9 become [2] - 50:5, 50:23 becomes [1] - 24:2 becoming [2] - 9:20, 24:18 begin [1] - 13:22 behalf [8] - 3:5, 3:10, 3:14, 7:9, 19:4, 21:20, 21:21, 30:7 benefits [2] - 15:5, 15:18 best [1] - 12:7 better [4] - 13:19, 14:6, 26:20, 46:22 between [6] - 7:22, 15:21, 21:15, 22:23, 24:7, 64:23 beverage [1] - 11:14 beverages [1] - 10:19 beyond [3] - 14:3, 24:3, 60:10 Bible [1] - 50:13 biblical [1] - 21:7 bio [1] - 17:24 bit [2] - 28:10, 41:23 black [1] - 54:1 blessing [1] - 33:20 blessings [2] - 33:4, 33:11 BLOMQUIST [3] - 4:6, 27:11, 27:14 Blomquist [1] - 27:15 blows [1] - 41:13 board [6] - 11:11, 19:5, 21:21, 28:16, 43:11, 54:21 body [1] - 14:8 born [1] - 35:4 Boulevard [2] - 3:3, 3:12 boys [1] - 27:16 brain [1] - 23:17 brand [1] - 13:18 branded [2] - 11:10, 11:16 brave [1] - 51:4 Bridge [2] - 7:16, 7:18 brief [1] - 27:15 bring [3] - 20:20, 49:19, 62:17 bringing [1] - 26:18 broad [1] - 10:24 broader [1] - 23:24 brought [1] - 43:16 build [2] - 26:4, 56:4 building [4] - 15:9, 29:7, 60:4, 60:5 bunch [1] - 30:6 burden [1] - 43:19 Business [1] - 7:15 business [15] - 15:7, 19:13, 26:4, 30:24, 38:10, 46:4, 47:19, 50:15, 56:6, 56:10, 57:6, 60:16, 61:14, 61:16, 62:5 businesses [12] - 8:6, 9:24, 15:13, 15:17, 17:18, 26:8, 26:9, 30:18, 30:21, 32:16, 36:15, 44:10 buy [1] - 50:22 buying [1] - 60:3 BY [3] - 3:3, 3:7, 3:12 C C.S.R [1] - 68:13 California [4] - 39:20, 40:7, 40:20, 41:6 campus [1] - 19:22 Campus [1] - 49:17 candy [1] - 39:1 Cannabis [9] - 11:17, 13:2, 13:17, 15:5, 36:19, 36:22, 45:13, 45:18, 57:4 cannabis [38] - 7:14, 8:7, 8:23, 9:17, 12:2, 12:4, 12:8, 12:13, 13:18, 13:19, 13:24, 14:7, 16:13, 16:16, 19:9, 22:23, 23:3, 23:13, 23:16, 24:1, 24:12, 24:15, 24:17, 25:16, 27:18, 27:19, 31:15, 37:14, 38:2, 38:7, 38:11, 45:14, 45:15, 46:1, 47:19, 63:2, 63:6 Cannabis' [1] - 25:2 cannot [8] - 25:13, 47:7, 52:24, 53:1, 53:3, 55:22, 56:4, 56:7 car [4] - 38:12, 42:13, 64:14 care [3] - 26:2, 40:6, 41:15 career [1] - 59:20 cares [1] - 41:22 caring [1] - 41:18 carried [1] - 46:17 cars [2] - 37:18, 38:13 case [4] - 24:19, 38:8, 45:22, 46:19 cases [1] - 24:16 CASTALDO [1] - 3:2 catalytic [1] - 37:24 category [2] - 11:15, 62:12 Center [1] - 28:7 Centers [1] - 23:15 certain [2] - 7:23, 44:10 certainly [2] - 39:6, 42:7 certificate [1] - 68:1 Certificate [1] - 68:13 Certified [1] - 67:3 certified [1] - 68:4 certify [2] - 67:5, 68:1 chain [1] - 20:2 Chairman [1] - 2:2 CHAIRMAN [56] - 5:4, 6:2, 6:16, 7:1, 7:6, 8:12, 18:12, 18:16, 22:8, 22:16, 27:8, 27:24, 29:22, 29:24, 33:22, 34:3, 34:9, 34:12, 36:24, 37:2, 39:11, 44:18, 49:3, 49:5, 49:10, 51:3, 51:10, 54:16, 54:24, 55:16, 55:18, 57:14, 57:18, 57:24, 58:7, 58:12, 58:17, 58:21, 59:2, 59:5, 59:10, 61:20, 61:23, 63:12, 63:15, 63:17, 63:20, 63:23, 65:2, 65:5, 65:9, 65:12, 65:23, 66:3, 66:9, 66:16 chambers [1] - 9:21 change [4] - 16:18, 25:13, 35:11, 48:3 changed [1] - 38:13 Charles [1] - 8:21 chewing [1] - 10:19 Chief [1] - 12:16 child [1] - 10:21 Children [1] - 62:21 children [18] - 20:10, 20:13, 25:3, 26:24, 27:18, 31:24, 32:3, 32:6, 32:11, 37:9, 37:10, 38:19, 38:22, 38:24, 39:5, 43:6, 62:7, 63:1 children's [2] - 22:24, 27:5 chocolate [1] - 10:20 choice [1] - 27:5 choose [1] - 29:11 Christian [13] - 3:14, 19:5, 19:19, 21:1, 21:15, 22:19, 26:13, 28:10, 35:1, 39:23, 45:4, 49:16, 59:16 CHRISTINE [2] - 67:3, 68:13 church [3] - 26:3, 52:11, 52:13 churches [1] - 31:6 cigarettes [1] - 29:9 cite [1] - 23:4 cited [3] - 46:20, 47:17, 56:12 cities [1] - 31:12 CITY [1] - 1:6 City [6] - 3:5, 7:12, 32:4, 45:8, 62:11, 62:13 city [6] - 25:14, 31:9, 31:11, 32:8, 32:18, 48:16 civil [1] - 33:1 classmates [2] - 50:9, 50:17 clear [2] - 30:9, 64:1 clearly [1] - 5:18 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 2 climates [1] - 11:6 close [8] - 14:21, 19:15, 45:11, 49:24, 58:3, 65:17, 66:2, 66:3 closed [2] - 59:7, 66:18 closer [1] - 35:15 closest [1] - 17:14 closing [2] - 25:23, 58:10 Cloud [1] - 17:10 coach [1] - 39:24 COLLEEN [2] - 4:17, 62:1 Colleen [1] - 62:4 comfort [1] - 48:5 coming [5] - 14:24, 17:20, 30:11, 57:11, 61:15 command [1] - 12:17 commencement [1] - 67:6 comments [4] - 22:13, 23:20, 55:17, 55:18 commerce [1] - 9:21 commercial [1] - 59:21 commission [1] - 43:10 Commission [6] - 5:9, 5:12, 18:4, 47:21, 48:9, 48:18 COMMISSION [1] - 1:10 commissioners [3] - 43:13, 57:15, 65:10 committee [3] - 31:20, 32:11, 43:11 committees [2] - 31:21, 32:4 common [2] - 24:18, 33:11 communication [1] - 43:17 communications [2] - 9:24, 10:2 communities [7] - 23:22, 24:2, 24:11, 29:6, 36:8, 44:7, 44:9 community [37] - 9:19, 9:21, 9:22, 12:21, 19:3, 20:23, 21:8, 21:13, 21:22, 22:4, 25:24, 26:9, 26:10, 26:11, 26:18, 29:6, 30:24, 35:5, 36:20, 36:21, 37:19, 39:7, 39:8, 42:7, 42:8, 43:14, 43:20, 43:23, 44:1, 51:19, 53:15, 56:20, 61:3, 61:4, 61:6, 61:7, 62:17 Community [1] - 2:11 community's [1] - 27:6 company [8] - 10:9, 12:15, 35:9, 45:18, 45:19, 49:19, 50:13, 53:17 Company [2] - 11:17, 13:17 comparable [1] - 16:5 compared [1] - 55:10 competitor [1] - 17:2 competitors [1] - 17:15 completed [1] - 11:3 compliance [7] - 10:7, 12:1, 13:2, 13:6, 13:10, 45:10, 46:7 compliant [4] - 10:4, 12:1, 53:6, 53:9 complied [1] - 12:5 complies [1] - 35:9 complying [1] - 8:6 computer [1] - 67:14 computer-aided [1] - 67:14 concentrated [1] - 24:22 concentrates [1] - 10:20 concentrations [1] - 25:4 concepts [1] - 12:10 concern [3] - 35:7, 43:15, 55:13 concerning [1] - 67:8 concerns [4] - 24:7, 34:17, 44:2, 51:20 conclude [1] - 57:19 concluding [1] - 66:21 concrete [2] - 52:21, 54:18 conditions [3] - 46:15, 47:8, 56:1 conduct [3] - 31:9, 56:5, 56:9 conducted [1] - 31:12 conference [1] - 62:21 conforming [1] - 52:11 confusion [1] - 51:22 consent [1] - 60:2 consider [3] - 27:2, 44:12, 63:9 consideration [3] - 48:3, 53:20, 63:9 considered [2] - 5:12, 56:18 constitutes [1] - 67:15 Constitution [2] - 32:22, 33:14 construction [1] - 14:16 consume [16] - 11:16, 12:13, 13:16, 14:4, 15:3, 15:5, 15:6, 15:8, 15:11, 15:15, 15:20, 36:19, 36:22, 45:18, 45:24, 57:4 Consume [4] - 13:17, 13:22, 25:1, 57:5 consumer [3] - 11:12, 14:6, 25:11 consumers [5] - 9:13, 9:16, 9:18, 10:3, 25:7 consumption [7] - 12:4, 12:8, 14:1, 60:1, 60:8, 64:6, 64:11 contain [1] - 25:5 context [1] - 48:21 continuous [1] - 9:14 contract [1] - 7:10 contracted [1] - 15:14 contracting [1] - 59:20 contractor [2] - 59:19, 61:12 contributes [1] - 42:4 contributing [1] - 41:20 control [2] - 50:8, 68:6 Control [1] - 23:15 convenience [1] - 46:16 conversation [1] - 19:12 conversations [1] - 30:12 converters [1] - 37:24 coordinate [1] - 26:3 Coordination [1] - 25:9 copies [2] - 68:3, 68:6 core [3] - 9:6, 9:7, 9:19 CORIN [2] - 4:5, 22:10 Corin [1] - 22:18 Corinthians [1] - 50:12 Corp [3] - 7:9, 8:9, 12:22 CORP [1] - 3:7 correct [2] - 34:7, 56:3 correctly [1] - 52:3 correlation [1] - 24:13 corrupts [1] - 50:13 cost [1] - 27:5 Council [1] - 32:4 counsel [3] - 45:4, 67:21, 67:22 count [1] - 15:20 country [3] - 11:6, 28:24, 63:1 Countryside [1] - 28:6 COUNTY [1] - 67:2 County [2] - 7:12, 8:21 couple [4] - 28:22, 30:9, 45:5, 45:7 course [2] - 9:14, 59:20 Court [2] - 31:3, 44:8 court [1] - 31:8 courteous [1] - 55:3 CPG [1] - 11:10 create [1] - 48:14 created [2] - 10:6, 10:12 creating [1] - 31:23 credit [2] - 47:21, 48:10 crime [5] - 24:8, 24:13, 37:20, 38:2, 41:3 Crimes [1] - 62:20 crisis [1] - 24:17 cultivation [3] - 10:10, 10:12, 12:24 curated [1] - 10:3 cure [1] - 11:23 curiosity [1] - 50:3 curious [2] - 50:23, 61:13 current [4] - 8:5, 8:18, 25:11, 25:14 customer [2] - 13:5, 13:7 customers [2] - 9:10, 15:15 cycle [1] - 24:22 D daily [2] - 40:4, 42:17 Dallas [1] - 62:21 dangers [1] - 50:11 Danny [1] - 2:3 data [1] - 52:18 Dave [2] - 37:8, 41:2 DAVE [2] - 4:10, 37:5 Dave's [1] - 42:9 daycare [1] - 41:11 de [1] - 53:22 DEA [1] - 62:22 deadly [1] - 63:6 deal [1] - 10:9 dealing [1] - 41:14 dealt [1] - 40:22 decades [1] - 11:11 decision [6] - 20:1, 20:2, 20:16, 21:14, 44:13, 44:15 decisions [1] - 31:8 dedicated [2] - 10:7, 11:19 defense [3] - 32:19, 33:11, 34:3 defenseless [1] - 32:19 definitely [1] - 42:4 deliberate [1] - 31:22 demonstrated [1] - 46:3 DENEND [4] - 4:11, 39:13, 39:16, 42:16 Denend [1] - 39:17 denied [3] - 47:11, 49:1, 64:3 department [2] - 43:19, 53:13 dependency [2] - 24:16, 24:21 depict [1] - 12:11 depression [2] - 9:2, 23:20 described [1] - 25:6 desensitizes [1] - 29:2 designation [1] - 52:23 designed [2] - 12:19, 38:24 designs [1] - 10:16 desired [1] - 48:16 despite [1] - 25:21 deteriorating [1] - 31:7 detrimental [1] - 47:14 developed [1] - 35:17 development [4] - 11:11, 23:17, 33:9, 33:19 Development [2] - 2:12, 7:21 difference [1] - 10:8 different [9] - 13:9, 13:13, 13:14, 13:16, 15:4, 28:22, 40:10, 56:17 differently [1] - 54:5 difficulty [1] - 15:7 DiNOLFO [1] - 3:2 direct [1] - 64:18 directed [1] - 10:2 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 3 direction [2] - 67:15, 68:6 directly [5] - 12:3, 12:9, 38:1, 38:4, 67:23 Director [1] - 2:12 director [1] - 64:16 disagree [1] - 28:9 discipline [1] - 13:1 discredit [1] - 61:2 discretion [1] - 62:16 discuss [2] - 54:4, 54:18 discussed [2] - 44:19, 58:14 discussion [2] - 7:8, 31:19 Disease [1] - 23:15 dispensaries [14] - 10:24, 12:23, 13:17, 14:15, 16:13, 22:23, 23:3, 24:1, 24:12, 25:16, 29:7, 35:24, 36:3, 40:21 dispensary [16] - 7:14, 7:22, 15:6, 15:11, 28:19, 36:10, 36:18, 37:14, 37:20, 38:21, 46:6, 48:11, 53:20, 60:7, 63:7 disrespectful [2] - 54:12, 57:10 distance [7] - 7:22, 22:23, 23:12, 27:23, 47:4, 48:20, 53:22 distinguished [1] - 46:16 distribution [4] - 10:11, 10:18, 10:23, 11:13 District [1] - 7:15 district [2] - 26:24, 56:4 Doctrine [2] - 31:1, 44:6 document [1] - 32:22 domestic [1] - 33:10 done [3] - 13:4, 26:12, 59:20 dosage [1] - 25:5 down [4] - 50:7, 55:21, 61:24, 62:22 down-spiral [1] - 50:7 DR [5] - 4:9, 34:20, 34:23, 35:14, 36:6 Dr [1] - 34:23 drastically [1] - 56:17 drawings [1] - 40:24 Drive [2] - 1:17, 28:6 drive [1] - 36:10 driven [3] - 11:19, 36:8, 52:18 driving [4] - 36:21, 38:15, 42:10, 42:13 drug [2] - 25:17, 56:14 drug's [1] - 25:22 drugs [6] - 28:23, 29:2, 39:7, 50:11, 50:22, 63:5 dry [1] - 11:23 duck [1] - 26:6 due [1] - 15:6 duly [16] - 8:14, 18:21, 22:11, 27:12, 28:3, 30:2, 34:21, 37:6, 39:14, 43:1, 44:23, 49:12, 51:13, 59:13, 62:2, 67:7 during [1] - 5:21 E early [1] - 35:2 East [1] - 28:6 economic [1] - 33:8 economy [1] - 16:2 edibles [2] - 25:2, 38:24 educate [2] - 9:16, 23:22 education [3] - 9:7, 9:15, 13:21 educational [1] - 26:23 effectively [1] - 45:23 Effects [2] - 31:1, 44:6 effects [12] - 9:17, 14:7, 23:13, 25:7, 25:22, 30:23, 31:11, 37:15, 40:11, 44:3, 44:11, 47:18 effort [3] - 23:22, 24:6, 35:18 efforts [1] - 10:2 EISENHAMMER [1] - 3:11 Eisenhammer [1] - 45:3 either [1] - 61:2 eliminate [1] - 33:7 Emerson [1] - 3:8 employed [2] - 16:11, 16:13 employee [3] - 15:20, 67:20, 67:21 employees [4] - 12:20, 15:19, 15:24, 16:1 employers [1] - 16:5 employment [1] - 16:3 empty [2] - 15:12, 43:12 encourage [4] - 12:12, 28:16, 29:10, 42:2 encouraged [1] - 12:9 encouraging [1] - 45:24 end [2] - 25:10, 64:9 endeavors [1] - 33:4 enforce [2] - 25:15, 64:14 engaging [1] - 43:21 enhanced [1] - 53:12 enjoy [1] - 33:3 enrolled [1] - 19:21 ensure [3] - 12:19, 33:10, 33:18 entered [2] - 31:22, 57:21 entire [3] - 22:20, 52:5, 54:22 environment [1] - 56:17 environments [1] - 56:18 EPPERSON [5] - 4:9, 34:20, 34:23, 35:14, 36:6 Epperson [1] - 34:24 equates [1] - 16:24 especially [1] - 63:9 establish [3] - 7:14, 33:13, 47:13 established [4] - 11:9, 31:2, 31:5, 33:15 establishment [1] - 62:13 establishments [2] - 24:8, 62:15 evening [3] - 8:16, 39:16, 45:1 events [1] - 9:22 evidence [2] - 47:22, 48:10 evident [1] - 24:2 exacerbates [1] - 42:4 exacerbating [1] - 41:21 exact [1] - 62:23 exactly [1] - 59:23 examine [1] - 23:24 example [2] - 24:20, 29:1 excuse [1] - 58:7 executive [1] - 11:2 existing [1] - 7:23 expel [1] - 60:10 experience [2] - 11:12, 13:19 experienced [1] - 11:2 exposure [1] - 23:14 expressed [1] - 48:23 extend [1] - 24:3 extended [1] - 53:16 extending [1] - 7:24 extraction [1] - 11:23 F facilitate [1] - 32:15 facilities [4] - 12:24, 40:21, 41:4, 64:10 facility [4] - 19:9, 41:11, 53:14, 54:2 fact [6] - 35:9, 40:15, 41:12, 53:14, 60:20, 64:3 factors [1] - 10:22 facts [2] - 52:21, 54:18 failed [1] - 46:10 falls [1] - 62:12 familiar [1] - 59:22 families [3] - 21:2, 27:3, 36:20 family [6] - 19:23, 26:15, 26:16, 26:20, 28:8, 30:8 far [2] - 41:7, 64:23 fast [3] - 9:5, 14:14, 16:3 favor [5] - 6:6, 18:14, 32:1, 32:5, 44:9 favorable [1] - 18:6 FD [1] - 7:10 feat [1] - 26:5 feature [1] - 12:24 feet [12] - 7:23, 7:24, 23:4, 36:4, 41:10, 45:16, 46:1, 47:6, 54:3, 60:14, 61:17 Fentanyl [1] - 63:5 few [4] - 51:21, 55:6, 64:20, 64:23 fill [1] - 15:12 filled [1] - 57:2 filter [1] - 61:15 filtration [1] - 64:9 finally [3] - 6:7, 48:1, 48:13 fine [1] - 59:9 firm [2] - 40:20, 45:2 first [21] - 8:14, 18:21, 22:11, 27:12, 28:3, 30:2, 34:21, 35:22, 37:6, 39:14, 43:1, 44:23, 45:9, 49:12, 51:13, 52:1, 54:8, 59:13, 62:2, 62:9, 64:1 five [2] - 40:7, 62:7 flavoring [1] - 25:3 floor [1] - 59:11 flowers [1] - 10:14 Folks [2] - 65:3, 65:5 folks [1] - 55:11 follow [1] - 35:21 followed [2] - 6:6, 13:7 following [1] - 5:1 follows [17] - 6:5, 8:15, 18:22, 22:12, 25:6, 27:13, 28:4, 30:3, 34:22, 37:7, 39:15, 43:2, 44:24, 49:13, 51:14, 59:14, 62:3 food [1] - 16:3 football [1] - 39:24 forbidden [1] - 46:22 foregoing [1] - 67:10 forgot [1] - 40:18 form [3] - 10:21, 41:17, 45:15 formally [1] - 53:23 formulations [1] - 10:16 Forristall [3] - 2:6, 6:18, 66:12 FORRISTALL [2] - 6:19, 66:13 Fort [1] - 7:10 forth [1] - 65:4 forward [4] - 9:5, 14:14, 44:14, 44:15 foster [3] - 40:6, 41:15 founder [1] - 62:6 four [6] - 13:14, 14:14, 15:3, 19:18, 40:6 Fox [1] - 26:7 Francis [1] - 28:5 FRANCIS [2] - 4:7, 28:2 free [1] - 13:1 freedom [1] - 33:12 Friday [2] - 17:5, 17:13 full [4] - 13:1, 13:23, 15:21, 18:9 full-time [1] - 15:21 fullest [2] - 33:9, 33:19 fumes [1] - 60:11 funds [1] - 26:18 future [2] - 27:6 G gain [1] - 13:23 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 4 gases [1] - 60:11 GASH [3] - 4:4, 18:20, 18:23 Gash [1] - 18:24 gASH [1] - 54:12 gathering [1] - 26:19 gazebo [1] - 26:4 geared [1] - 25:2 General [1] - 7:15 general [4] - 12:6, 48:5, 48:12, 64:9 generally [3] - 47:5, 48:17, 48:19 generate [2] - 32:8, 60:11 geographies [1] - 11:7 given [1] - 67:16 goal [1] - 14:6 God [3] - 33:1, 33:16, 33:19 goods [2] - 11:12, 15:13 government [1] - 33:6 grab [1] - 34:18 grades [1] - 50:23 grandfather [1] - 27:16 granted [2] - 45:22, 53:21 granting [1] - 48:13 graphic [1] - 42:19 grasp [1] - 34:16 grateful [1] - 33:1 great [1] - 53:13 Green [1] - 41:8 Greg [1] - 2:4 grew [1] - 26:1 grounds [2] - 45:12, 45:17 Group [2] - 6:11, 12:15 Grove [1] - 50:20 grow [2] - 31:24, 41:9 growth [1] - 26:2 guess [1] - 51:17 guidance [1] - 9:15 guise [1] - 52:15 gum [1] - 10:19 gummies [1] - 10:20 guy [1] - 51:17 guys [8] - 32:7, 33:23, 34:15, 43:9, 51:7, 54:3, 55:2, 55:19 H Hall [1] - 17:2 hand [3] - 5:23, 68:4, 68:8 hands [4] - 33:23, 34:2, 42:12, 42:15 happy [2] - 55:9, 64:18 hard [2] - 26:22, 51:8 harder [1] - 26:22 hardship [5] - 46:13, 46:20, 46:21, 52:1, 56:9 harvests [1] - 11:3 HASENBALG [1] - 3:2 health [9] - 20:9, 22:24, 23:11, 23:19, 24:17, 24:24, 25:18, 33:5, 48:5 hear [2] - 51:19, 55:1 heard [3] - 5:16, 50:3, 67:7 HEARING [1] - 1:11 hearing [16] - 5:3, 5:7, 5:9, 5:22, 6:10, 7:7, 57:19, 58:4, 59:8, 65:18, 66:2, 66:4, 66:17, 66:20, 67:10, 67:18 hearings [1] - 5:6 hearsay [1] - 61:1 heart [3] - 13:21, 25:8, 52:7 heartbreaking [1] - 24:20 heavily [1] - 53:15 held [1] - 48:8 hello [1] - 18:23 help [2] - 8:24, 61:7 hereby [1] - 67:5 herein [1] - 67:9 hereto [2] - 67:23, 68:2 hereunto [1] - 68:7 heroin [1] - 56:14 hi [2] - 43:3, 49:14 high [4] - 19:20, 24:11, 25:3, 64:9 high-end [1] - 64:9 highlights [1] - 23:16 highly [2] - 24:15, 24:21 hire [1] - 43:23 hit [1] - 51:8 HODGES [1] - 3:11 Hodges [1] - 45:3 Hold [1] - 59:2 home [1] - 38:8 homelessness [2] - 24:9, 24:14 honor [1] - 33:19 honoring [1] - 33:16 hooked [1] - 50:5 hope [1] - 43:9 hourly [1] - 15:18 hours [12] - 8:1, 16:18, 16:21, 16:24, 17:3, 17:9, 17:14, 17:15, 17:19, 17:21, 35:14, 53:16 human [1] - 50:2 hundred [1] - 41:4 hundreds [1] - 11:3 HVAC [8] - 10:16, 59:22, 59:23, 60:9, 60:10, 60:18, 61:13, 61:14 HYETT [3] - 6:15, 6:21, 66:15 Hyett [3] - 2:5, 6:20, 66:14 I identify [1] - 62:7 illegally [1] - 63:3 ILLINOIS [2] - 1:7, 67:1 Illinois [28] - 1:18, 3:4, 3:8, 3:13, 7:13, 8:7, 10:24, 11:15, 11:18, 13:2, 13:15, 14:10, 14:15, 14:17, 23:2, 25:13, 32:21, 32:24, 33:14, 33:15, 39:19, 45:10, 45:20, 45:21, 58:16, 59:24, 67:4, 68:8 illness [2] - 41:21, 42:5 imagery [1] - 12:11 impact [3] - 47:22, 56:19, 56:20 impair [1] - 56:22 impaired [1] - 25:9 implications [1] - 24:1 imposed [1] - 46:21 improvements [1] - 47:15 improving [1] - 11:24 IN [1] - 68:7 inaccuracies [1] - 57:2 inappropriate [1] - 12:8 include [2] - 10:14, 11:23 including [3] - 10:19, 39:23, 64:2 increase [3] - 23:18, 28:18, 41:3 increased [1] - 24:13 increasing [1] - 22:22 incredible [1] - 40:23 incredibly [1] - 53:5 indirectly [3] - 12:3, 12:9, 67:24 individual [1] - 33:9 individuals [3] - 40:12, 50:10, 55:6 induced [1] - 24:17 industry [2] - 10:5, 12:7 inequality [1] - 33:7 influence [1] - 42:10 information [1] - 48:7 informed [1] - 62:22 informing [1] - 9:9 infused [2] - 11:14, 45:15 inherently [1] - 15:16 initial [1] - 35:8 injurious [1] - 47:14 inside [2] - 38:12, 53:4 insights [1] - 23:10 inspiration [1] - 9:3 instead [1] - 31:11 institutions [1] - 7:23 integrated [1] - 10:9 intend [1] - 12:12 interactive [1] - 14:5 interested [2] - 16:15, 67:23 interfere [1] - 23:17 interior [1] - 46:4 invest [1] - 26:10 invite [1] - 5:10 involves [1] - 48:2 IP [2] - 11:8, 11:20 irrigation [1] - 10:15 issue [2] - 34:6, 34:17 issues [2] - 23:19, 24:2 Itasca [1] - 3:13 item [1] - 5:5 items [1] - 51:21 Ivy [1] - 17:2 J James [1] - 12:16 Jensen [1] - 12:17 jobs [1] - 16:4 Johnny [1] - 24:19 Johnny's [1] - 24:21 joined [1] - 26:13 Jordan [1] - 18:24 JORDAN [2] - 4:4, 18:20 JR [2] - 4:16, 59:12 July [1] - 19:7 junior [1] - 49:16 justice [1] - 33:8 justification [1] - 16:20 justify [2] - 31:10, 48:14 K Kane [1] - 8:21 KAY [14] - 3:7, 4:15, 51:12, 51:15, 54:13, 54:17, 54:22, 55:1, 55:21, 57:23, 60:22, 63:22, 63:24, 64:15 Kay [1] - 51:16 keep [7] - 30:19, 30:20, 31:5, 38:18, 42:22, 55:17, 55:19 keeps [1] - 30:11 Kendall [2] - 7:12, 28:6 kept [1] - 27:22 kids [13] - 19:18, 20:8, 20:18, 20:21, 21:4, 22:2, 30:6, 30:20, 33:16, 36:20, 39:22, 41:14, 41:18 kind [3] - 16:21, 17:17, 49:19 KLAAS [5] - 4:7, 28:2, 28:5, 28:16, 29:19 Klaas [1] - 28:5 knowledge [1] - 52:12 known [4] - 41:8, 41:9, 47:2, 62:18 Kohn [1] - 45:3 KOHN [1] - 3:11 Krempski [2] - 30:5, 43:3 KREMPSKI [7] - 4:8, 4:12, 30:1, 30:4, 42:24, 43:3, 54:20 Krkljus [1] - 59:15 KRKLJUS [11] - 4:16, 58:5, 58:8, 58:15, 58:20, 58:24, 59:12, 59:15, 60:23, 61:11, 64:13 Krysti [1] - 2:11 L laced [1] - 63:5 lady [2] - 51:3, 51:4 LAMB [7] - 3:3, 55:17, 59:1, 59:4, 59:7, 61:9, 65:3 language [1] - 64:5 LASALLE [1] - 67:2 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 5 last [3] - 36:14, 39:18, 57:1 law [10] - 14:17, 23:2, 25:13, 38:12, 45:2, 46:8, 46:19, 53:19, 54:8, 58:16 laws [4] - 12:3, 13:24, 30:21, 38:18 lawyer [2] - 59:11, 61:1 lax [2] - 24:4, 25:15 leader [1] - 13:6 leading [1] - 24:16 learn [1] - 31:24 least [2] - 23:3, 25:15 leave [1] - 26:20 leaves [1] - 14:19 led [1] - 24:22 legal [2] - 33:7, 59:3 legalized [1] - 56:13 legally [1] - 38:20 legislate [1] - 31:15 legislation [1] - 31:17 Leland [1] - 68:8 lessee [1] - 7:10 lessons [1] - 14:5 letter [12] - 45:6, 46:17, 46:20, 47:18, 48:8, 48:23, 52:17, 54:1, 56:24, 57:2, 64:1 letters [1] - 45:7 letting [1] - 55:1 level [1] - 25:6 liberty [2] - 33:2, 33:12 license [1] - 62:12 licensed [3] - 12:14, 40:5, 40:8 licenses [1] - 15:8 life [2] - 22:20, 50:6 light [1] - 56:22 lighting [1] - 10:14 likely [1] - 63:3 LINANE [5] - 6:14, 7:5, 65:19, 65:21, 66:7 Linane [3] - 2:7, 7:4, 66:6 line [1] - 54:3 Linnemann [1] - 49:15 LINNEMANN [4] - 4:14, 49:8, 49:11, 49:14 liquor [1] - 17:18 list [1] - 23:6 listen [1] - 57:11 listening [6] - 18:5, 43:13, 51:1, 51:7, 52:6, 52:8 literally [2] - 45:24, 51:6 litigation [1] - 64:2 live [6] - 19:17, 28:6, 37:10, 43:4, 50:19, 59:17 lived [5] - 22:20, 35:1, 35:3, 41:6 lives [2] - 25:22, 40:11 living [1] - 36:9 LLC [1] - 7:11 local [9] - 9:21, 13:24, 15:16, 24:8, 26:3, 26:4, 26:24, 27:3, 43:18 locally [2] - 15:13, 16:1 located [5] - 7:16, 28:21, 45:11, 47:6, 47:16 location [6] - 15:12, 19:8, 19:15, 27:20, 34:5, 34:17 locations [3] - 13:13, 15:3, 15:11 Loizzi [1] - 45:3 LOIZZI [1] - 3:11 long-term [1] - 15:8 long-time [1] - 35:4 look [7] - 20:17, 39:1, 41:22, 43:10, 44:4, 53:24, 54:4 looking [5] - 20:7, 20:13, 20:20, 56:17, 56:19 lounge [1] - 64:6 love [2] - 29:19, 51:18 Low [1] - 53:14 LTD [1] - 3:2 M ma'am [2] - 49:10, 61:23 machine [1] - 67:12 Madness [2] - 54:10, 55:5 main [2] - 34:6, 40:13 maintain [1] - 33:6 major [1] - 35:6 man [1] - 49:21 managed [1] - 11:5 management [3] - 11:7, 17:22, 18:1 mandate [1] - 60:13 mandates [1] - 59:24 manual [1] - 14:3 manufacturing [3] - 10:10, 10:17, 40:21 Marge [1] - 2:7 marijuana [10] - 25:19, 27:21, 40:11, 40:16, 40:22, 41:9, 41:23, 42:1, 42:11, 50:6 mark [1] - 57:5 Mark [1] - 39:17 MARK [2] - 4:11, 39:13 market [3] - 13:6, 17:7, 36:16 marketing [7] - 10:1, 10:4, 23:14, 27:19, 36:15, 36:16, 52:22 markets [1] - 11:9 Marlys [1] - 2:14 married [1] - 35:2 material [1] - 23:5 materials [2] - 10:4, 23:8 matters [1] - 67:9 mayor [1] - 20:16 meals [1] - 26:18 mean [3] - 29:15, 42:11, 46:21 means [1] - 67:12 measurement [1] - 54:2 mechanic [2] - 37:17, 38:5 Med [1] - 42:2 media [1] - 10:15 medical [2] - 9:10, 13:20 medicinal [4] - 9:13, 9:17, 14:12, 41:24 medicinal-only [1] - 14:12 medium [1] - 45:16 meeting [6] - 5:9, 35:10, 43:11, 66:18, 66:21 meetings [1] - 51:18 MEGAN [1] - 3:3 Melissa [1] - 19:18 member [1] - 5:22 MEMBER [5] - 28:15, 29:17, 54:14, 55:14, 64:24 MEMBERS [2] - 34:8, 34:11 members [3] - 5:10, 11:11, 26:10 men [2] - 32:14, 40:4 Mendez [1] - 2:13 mental [5] - 23:19, 24:17, 24:23, 41:21, 42:4 mention [1] - 40:18 mentioned [3] - 13:14, 59:22, 61:13 mere [1] - 46:16 message [2] - 39:5, 39:6 met [1] - 19:6 methods [4] - 10:13, 10:15, 11:24, 14:1 Michigan [4] - 11:1, 11:15, 11:18, 13:15 microblade [1] - 62:11 middle [1] - 19:20 might [3] - 32:7, 36:7, 50:24 MIKE [4] - 4:12, 4:16, 42:24, 59:12 Mike [3] - 43:3, 59:15, 64:21 military [1] - 8:24 Millen [4] - 2:4, 6:22, 66:1 MILLEN [3] - 6:23, 65:22, 66:5 milligrams [2] - 25:5, 25:12 million [2] - 25:18, 25:20 millions [2] - 13:5, 36:16 mind [1] - 41:13 Mini [1] - 31:3 mini [1] - 14:5 minimum [1] - 7:22 minimus [1] - 53:22 Minooka [1] - 40:2 minority [1] - 55:10 Minute [1] - 2:14 minutes [1] - 50:20 missing [1] - 37:24 misunderstanding [1] - 30:10 Mitch [1] - 51:16 MITCHEL [3] - 3:7, 4:15, 51:12 mitigate [1] - 30:23 Molly [1] - 30:4 MOLLY [2] - 4:8, 30:1 moms [3] - 41:14, 41:17, 41:19 Monday [4] - 8:2, 16:22, 17:4, 17:8 money [1] - 15:16 monitoring [1] - 24:5 Montgomery [5] - 14:24, 29:14, 40:2, 42:20, 59:17 month [2] - 15:23, 25:20 monthly [1] - 15:22 moral [2] - 19:22, 19:23 morals [2] - 48:5, 50:13 moreover [1] - 46:2 Moreover [1] - 25:4 Mormon [1] - 53:15 most [7] - 16:5, 17:10, 26:15, 32:19, 42:3, 42:21, 53:22 Motion [1] - 66:16 motion [5] - 6:9, 6:17, 58:2, 65:16, 65:24 mounted [1] - 8:4 mouthful [1] - 7:7 move [2] - 5:4, 49:6 moved [6] - 6:13, 39:19, 40:7, 58:18, 65:20 moving [1] - 15:7 MR [48] - 3:7, 3:12, 6:13, 6:15, 6:19, 6:21, 6:23, 7:3, 8:11, 8:16, 18:23, 27:14, 28:5, 28:16, 29:19, 37:8, 39:16, 42:16, 43:3, 45:1, 51:6, 51:15, 54:12, 54:13, 54:17, 54:22, 55:1, 55:21, 57:17, 58:5, 58:8, 58:15, 58:20, 58:24, 59:15, 60:22, 60:23, 61:11, 63:22, 63:24, 64:13, 64:15, 65:20, 65:22, 66:5, 66:11, 66:13, 66:15 MS [31] - 3:3, 6:14, 6:18, 6:20, 6:22, 6:24, 7:2, 7:4, 7:5, 22:13, 22:18, 30:4, 49:8, 49:14, 54:20, 55:17, 59:1, 59:4, 59:7, 61:9, 62:4, 65:3, 65:21, 66:1, 66:2, 66:6, 66:7, 66:8, 66:10, 66:12, 66:14 multiple [4] - 10:21, 11:4, 11:22, 24:10 municipality [1] - 53:11 Murphy [1] - 62:4 MURPHY [3] - 4:17, 62:1, 62:4 must [3] - 23:3, 46:12, 47:12 N nail [1] - 60:9 name [24] - 5:19, 8:17, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 6 18:23, 22:17, 27:10, 27:14, 28:5, 30:4, 34:23, 36:18, 37:4, 37:8, 39:16, 40:3, 45:1, 45:19, 45:21, 49:14, 51:15, 57:4, 59:15, 61:6, 61:24, 62:4 Naper [1] - 3:3 Naperville [1] - 3:4 national [2] - 13:18, 25:17 natural [1] - 50:2 nature [1] - 15:7 near [1] - 63:10 nearest [1] - 17:2 need [8] - 16:8, 20:13, 26:19, 31:17, 32:15, 42:6, 42:8, 63:8 needing [1] - 54:6 needles [1] - 56:14 needs [2] - 15:14, 56:18 negative [5] - 23:13, 25:7, 25:22, 37:15, 47:18 negatively [1] - 47:22 neighborhood [2] - 47:16, 47:23 neighboring [2] - 9:24, 27:20 nephews [1] - 43:6 never [3] - 32:20, 40:17, 50:3 new [6] - 11:8, 15:15, 15:24, 16:1, 16:2, 16:9 next [5] - 5:5, 22:9, 27:9, 34:15, 37:14 Next [1] - 28:1 nieces [1] - 43:5 nilly [1] - 35:17 nine [2] - 17:6, 63:3 Noble [1] - 2:11 NOBLE [1] - 66:2 nobody [1] - 43:12 non [4] - 21:2, 52:11, 62:6, 62:20 non-conforming [1] - 52:11 non-profit [3] - 21:2, 62:6, 62:20 none [2] - 18:17, 28:20 normal [2] - 27:22, 64:8 North [3] - 3:3, 7:16, 7:17 northeast [1] - 7:17 northern [1] - 41:7 note [2] - 16:17, 25:23 nothing [5] - 27:21, 38:17, 38:19, 39:2, 52:23 novel [2] - 10:16, 11:23 nullifying [1] - 33:17 number [6] - 6:10, 9:7, 11:14, 35:23, 39:22, 40:20 numbers [1] - 62:23 numerous [1] - 11:5 nurturing [1] - 26:2 O oath [1] - 32:23 objecting [2] - 19:13, 19:14 objection [2] - 19:8, 40:13 objections [2] - 19:23 objective [2] - 52:20, 54:18 obviously [3] - 17:23, 18:4, 18:6 occupy [1] - 47:3 occur [1] - 25:8 occurred [1] - 31:16 October [2] - 1:21, 68:9 odors [1] - 38:14 OF [3] - 1:6, 67:1, 67:2 offer [1] - 14:3 offering [1] - 16:2 offerings [1] - 9:14 often [4] - 40:23, 41:19, 41:20, 57:5 oftentimes [1] - 41:16 Ohio [3] - 11:1, 11:18, 13:15 old [1] - 49:15 older [1] - 25:19 onboarding [1] - 14:2 once [2] - 15:2, 63:17 one [25] - 5:7, 5:18, 7:21, 8:4, 9:8, 9:11, 11:14, 14:24, 16:6, 16:17, 17:11, 25:21, 30:10, 34:10, 36:10, 38:13, 43:16, 46:11, 49:18, 52:22, 53:2, 53:19, 59:17, 59:21, 59:23 one-third [1] - 25:21 ones [1] - 55:15 online [2] - 14:4, 62:8 onlookers [1] - 45:24 open [11] - 6:9, 14:18, 14:20, 17:1, 17:3, 17:4, 17:8, 17:9, 17:11, 56:14, 60:12 opened [2] - 16:7, 17:11 opening [1] - 32:15 operate [6] - 13:11, 46:4, 46:5, 52:16, 53:10, 56:8 operating [2] - 12:23, 14:23 operation [1] - 8:1 operational [1] - 11:17 operations [2] - 11:5, 64:17 opinion [1] - 60:20 opinions [2] - 52:20, 55:6 opportunities [1] - 26:23 opportunity [8] - 20:15, 33:8, 41:16, 51:19, 53:21, 55:20, 62:22, 65:6 opposed [1] - 39:3 opposition [2] - 6:8, 18:18 options [1] - 16:3 ordain [1] - 33:13 order [5] - 6:4, 33:4, 53:9, 54:16, 55:16 orderly [1] - 33:6 Ordinance [1] - 7:21 ordinance [4] - 14:11, 16:19, 46:12, 54:1 ordinances [6] - 30:15, 31:19, 32:2, 32:6, 33:17, 53:7 Oregon [1] - 56:13 organization [3] - 13:4, 21:6, 62:6 organizational [1] - 61:5 organizations [1] - 23:11 oriented [1] - 48:15 original [2] - 26:6, 68:2 originally [1] - 14:11 Oswego [5] - 14:23, 17:7, 29:14, 40:2, 42:20 otherwise [1] - 55:12 OTTOSEN [1] - 3:2 ourselves [4] - 13:6, 21:24, 33:12, 56:5 outcome [1] - 67:24 outlets [1] - 11:18 outside [4] - 34:18, 53:2, 53:3 outspoken [1] - 26:16 own [4] - 30:5, 31:10, 54:4, 62:5 owner [3] - 7:11, 15:9, 55:22 owner's [2] - 46:23, 60:2 owners [1] - 26:4 P p.m [6] - 1:22, 8:2, 8:3, 17:5, 17:9, 66:22 packaged [1] - 11:12 packages [1] - 25:5 PAGE [1] - 4:2 Pages [1] - 67:11 pain [1] - 9:2 Palatine [1] - 3:8 paper [1] - 22:14 paranoia [1] - 25:8 paraphernalia [2] - 38:12, 38:14 parcel [1] - 7:15 parent [2] - 22:19, 59:16 parents [1] - 40:6 Park [2] - 3:12, 26:5 parks [1] - 31:6 Parkview [21] - 3:14, 19:4, 19:19, 20:24, 21:15, 22:19, 26:13, 28:10, 30:6, 34:14, 34:18, 34:24, 36:1, 37:10, 39:23, 43:6, 45:4, 49:16, 59:16, 60:20, 61:6 Parkway [1] - 7:17 part [4] - 15:22, 20:16, 37:18, 41:7 part-time [1] - 15:22 particular [3] - 46:13, 46:20, 52:1 particularly [1] - 24:4 parties [1] - 67:23 partners [2] - 9:20, 10:23 Partners [1] - 7:11 parts [1] - 48:16 passed [2] - 14:11, 53:19 passes [1] - 66:17 passionate [1] - 16:15 past [2] - 25:20, 58:18 patent [1] - 11:22 patient [1] - 16:9 paying [1] - 16:4 payroll [1] - 16:1 payrolls [1] - 15:23 pending [1] - 11:22 People [1] - 32:24 people [17] - 16:11, 16:14, 23:13, 29:2, 32:9, 33:5, 33:16, 33:24, 34:4, 42:8, 42:11, 47:20, 50:22, 58:9, 61:4, 64:14, 64:21 per [3] - 14:17, 25:12, 27:22 percent [1] - 41:4 performance [1] - 23:18 perhaps [1] - 31:21 perimeter [1] - 45:16 permit [3] - 52:4, 52:15, 53:19 permitted [3] - 8:1, 33:3, 52:3 person [4] - 12:12, 12:13, 49:23, 62:8 person's [1] - 17:24 personal [3] - 25:23, 61:11, 67:15 personally [2] - 20:11, 50:18 persons [2] - 5:13, 5:17 perspectives [1] - 51:23 pertinent [2] - 12:4, 45:10 Petition [1] - 6:10 petition [4] - 28:12, 56:2, 58:2, 65:16 Petitioner [1] - 3:10 petitioner [10] - 5:16, 5:22, 6:5, 7:10, 7:19, 8:8, 8:17, 51:16, 57:16, 57:20 petitioners [1] - 51:11 physical [2] - 46:14, 47:7 piece [2] - 27:15, 46:21 pillar [1] - 61:3 pillars [1] - 61:4 place [18] - 16:19, 20:6, 20:14, 22:2, 26:1, 30:19, 30:20, 30:22, 32:2, 32:6, 33:18, 35:19, 35:22, 38:18, 49:24, 50:3, 50:15, 67:19 placed [1] - 63:10 places [1] - 36:12 placing [2] - 45:14, 45:23 Plainfield [2] - 14:23, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 7 42:20 plan [4] - 5:21, 12:16, 12:18, 50:19 Planner [1] - 2:13 planning [1] - 31:18 Planning [2] - 5:8, 18:4 PLANNING [1] - 1:10 Plano [1] - 40:1 platform [1] - 14:4 players [1] - 40:1 plus [1] - 15:23 podium [21] - 5:20, 8:15, 18:19, 18:22, 22:12, 27:9, 27:13, 28:4, 29:24, 30:3, 34:19, 34:22, 37:3, 37:7, 39:15, 43:2, 44:24, 49:13, 51:14, 59:14, 62:3 Point [2] - 54:16, 55:16 point [8] - 34:5, 42:9, 43:8, 57:7, 59:17, 60:19, 61:19, 62:9 Pointe [1] - 1:17 points [2] - 45:5, 45:7 police [5] - 37:18, 43:18, 43:19, 43:24, 53:13 Police [1] - 12:16 political [1] - 33:2 popsicles [1] - 10:19 pore [1] - 42:2 port [1] - 11:8 portion [2] - 66:18, 66:20 Portland [1] - 56:13 positions [1] - 15:18 possible [2] - 15:12, 32:16 posterity [1] - 33:13 potent [1] - 24:16 poverty [1] - 33:7 practices [1] - 12:7 Prairie [1] - 1:17 pray [1] - 26:22 pre [1] - 7:23 pre-existing [1] - 7:23 Preamble [1] - 32:21 predators [1] - 62:7 premises [1] - 64:7 prepared [3] - 8:9, 22:13, 64:13 present [4] - 5:14, 8:9, 18:17, 27:4 PRESENT [2] - 2:1, 2:10 presentation [3] - 6:5, 8:10, 35:8 presented [1] - 48:8 president [2] - 19:6, 28:10 pressure [1] - 32:8 pretty [3] - 34:16, 40:23, 61:18 Prevention [1] - 23:16 previous [1] - 67:6 previously [1] - 31:13 priceless [1] - 32:12 pride [1] - 13:5 prioritizes [1] - 32:18 priority [1] - 12:21 private [1] - 60:2 procedures [1] - 10:6 proceedings [3] - 5:2, 66:19, 67:17 process [2] - 31:22, 52:5 processes [3] - 10:6, 14:3, 40:22 produce [2] - 10:13, 10:17 product [7] - 9:1, 11:10, 11:14, 38:16, 38:21, 45:15, 64:11 products [5] - 13:24, 24:15, 24:22, 25:2, 38:23 profit [4] - 21:2, 46:24, 62:6, 62:20 program [1] - 13:23 prohibited [1] - 64:12 prohibits [1] - 45:14 proliferation [1] - 28:23 prominent [1] - 26:16 promote [1] - 16:8 proof [1] - 60:24 proper [1] - 43:5 properly [1] - 9:9 properties [4] - 30:5, 43:4, 47:5, 47:23 property [15] - 46:15, 46:22, 47:3, 47:15, 47:16, 52:2, 52:10, 54:2, 55:24, 56:3, 56:23, 60:2, 64:12, 64:16, 64:22 propose [2] - 12:3, 21:18 proposed [2] - 5:11, 56:21 proprietary [3] - 10:13, 11:20, 13:23 prosperity [1] - 32:20 prosperous [1] - 32:14 protect [3] - 22:1, 32:2, 32:6 Protection [1] - 12:15 prove [1] - 31:17 proven [3] - 12:22, 30:23, 44:8 provide [6] - 15:17, 27:1, 33:4, 33:8, 33:10, 33:16 provided [1] - 9:1 provides [2] - 14:5, 15:8 providing [2] - 9:13, 13:19 proximity [9] - 19:15, 24:3, 28:13, 34:14, 34:18, 35:6, 36:1, 40:14, 41:10 psychoses [1] - 42:5 psychosis [1] - 24:18 PTS [10] - 3:7, 6:10, 7:9, 8:9, 9:6, 10:8, 10:23, 12:22, 21:15 PTSD [1] - 9:2 Pub [1] - 42:2 PUBLIC [1] - 1:11 public [26] - 5:2, 5:5, 5:7, 5:10, 5:13, 5:23, 6:10, 7:7, 7:8, 9:14, 23:11, 47:14, 47:24, 48:4, 57:19, 57:22, 58:1, 58:3, 65:15, 65:17, 66:2, 66:3, 66:17, 66:20, 67:10, 67:18 purchase [2] - 25:12, 63:3 purchasers [2] - 12:20, 13:20 purchasing [1] - 9:15 purpose [4] - 5:9, 13:18, 35:10, 40:16 purposes [1] - 30:14 pursuit [1] - 13:7 pushed [1] - 44:14 put [9] - 30:19, 30:20, 30:22, 32:2, 32:6, 33:17, 43:18, 50:15, 54:5 putting [3] - 18:3, 33:16, 35:18 PZC [3] - 6:10, 7:8, 8:8 Q quadrant [1] - 7:17 questions [7] - 5:15, 18:9, 21:24, 57:12, 57:15, 64:18, 65:10 quickly [1] - 51:23 quiet [1] - 26:17 quit [1] - 25:21 quote [2] - 25:10, 63:4 R race [1] - 26:6 raise [3] - 5:23, 45:6, 53:24 raised [3] - 24:6, 45:6, 45:7 raises [1] - 61:3 raising [2] - 26:18, 26:19 range [1] - 10:24 rapid [1] - 25:8 rapidly [1] - 50:7 rarity [1] - 38:11 rate [3] - 25:8, 37:20, 38:2 rates [1] - 24:8 rational [1] - 31:22 RAY [2] - 4:9, 34:20 ray [1] - 34:23 read [1] - 64:4 readdress [1] - 61:21 reads [1] - 32:24 real [5] - 37:13, 38:9, 44:2, 44:4, 44:6 realities [1] - 9:16 realize [2] - 32:7, 43:9 really [5] - 21:11, 21:14, 30:10, 57:6, 63:8 reason [9] - 8:22, 20:14, 26:14, 28:12, 35:16, 35:21, 36:13, 36:17, 37:12 reasoning [2] - 32:14, 35:21 reasons [4] - 20:6, 28:22, 48:22, 48:23 receive [2] - 47:21, 56:7 received [1] - 51:20 receiving [1] - 6:4 recent [2] - 16:6, 17:11 recently [1] - 39:19 recommendation [1] - 18:7 record [4] - 12:23, 13:1, 57:22, 67:16 recreational [7] - 9:10, 9:12, 9:18, 13:20, 40:16, 42:1, 60:1 recruit [1] - 16:9 reduced [1] - 67:13 reducing [1] - 7:21 Reefer [2] - 54:10, 55:5 regarding [5] - 5:11, 5:16, 58:1, 60:18, 65:15 regards [2] - 17:18, 17:20 registered [1] - 45:19 regular [1] - 41:23 regulate [2] - 43:24, 44:10 Regulation [2] - 13:3, 45:13 regulation [1] - 64:4 regulations [15] - 8:5, 10:5, 24:4, 25:11, 25:14, 35:10, 35:12, 35:16, 35:19, 36:12, 41:1, 46:17, 53:6, 53:8, 53:9 regulatory [1] - 13:1 REIS [1] - 51:6 related [1] - 64:5 relatedly [1] - 48:1 relates [1] - 20:3 relationship [2] - 24:7, 53:13 relationships [1] - 9:23 relative [2] - 67:20, 67:21 relatively [1] - 27:15 relentless [1] - 13:7 reliance [1] - 31:10 religious [1] - 33:2 rely [1] - 31:12 remaining [1] - 14:19 remind [1] - 52:10 renting [1] - 60:4 repeat [1] - 5:24 reported [1] - 67:11 Reporter [1] - 67:4 represent [1] - 5:19 representative [1] - 33:6 representing [1] - 28:7 reproduced [1] - 68:5 request [13] - 5:11, 5:15, 5:16, 6:7, 6:8, 8:18, 16:20, 18:14, 18:18, 19:24, 40:13, 47:10 requested [1] - 17:21 requesting [2] - 6:11, 16:21 requests [3] - 16:17, 18:7, 21:16 require [2] - 30:18, 47:9 required [4] - 28:19, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 8 41:10, 53:22, 60:9 requirement [5] - 47:4, 48:2, 48:18, 48:19, 48:20 requirements [4] - 25:15, 46:10, 46:11, 47:2 research [2] - 24:10, 31:18 reside [2] - 8:21, 23:23 resident [8] - 8:20, 18:24, 20:12, 21:10, 22:21, 23:10, 37:9, 39:18 residential [1] - 31:5 residents [3] - 21:3, 35:4, 55:8 respect [3] - 12:2, 30:16, 52:5 respectful [1] - 22:14 respectfully [3] - 20:3, 21:22, 54:17 respond [1] - 63:21 response [7] - 18:15, 57:1, 63:14, 63:16, 63:19, 65:8, 65:11 responses [2] - 57:21, 65:13 responsibility [2] - 10:1, 68:5 result [1] - 46:13 resulting [1] - 24:23 retail [8] - 10:11, 10:18, 11:13, 11:17, 13:18, 15:12, 16:4, 64:17 revenue [2] - 32:8, 32:18 revenues [1] - 21:13 review [1] - 10:6 revisiting [1] - 48:19 Rich [1] - 2:2 risk [2] - 23:18, 33:17 River [1] - 26:7 robust [1] - 12:18 Rodick [1] - 45:3 RODICK [1] - 3:11 roll [2] - 6:16, 65:24 room [3] - 43:10, 43:12, 54:23 roughly [2] - 62:10, 63:2 rule [1] - 8:7 ruled [1] - 44:9 rules [2] - 10:5, 13:10 ruling [1] - 31:3 Rusty [1] - 2:5 Ryan [1] - 2:6 S sacrifices [1] - 27:3 sad [1] - 39:19 saddened [1] - 20:12 safe [6] - 10:21, 26:23, 42:18, 50:17, 50:18 safely [1] - 31:24 safety [6] - 12:19, 20:9, 23:1, 33:5, 33:18, 48:5 sake [1] - 22:24 salaried [1] - 15:17 sale [2] - 12:4, 40:16 sales [1] - 11:13 salons [1] - 60:9 Sara [1] - 2:13 satisfy [1] - 46:10 Saturday [4] - 8:2, 16:23, 17:5, 17:13 saw [1] - 8:24 scale [2] - 10:21, 11:8 scheduled [1] - 5:8 schemes [1] - 10:14 schizophrenia [1] - 42:5 School [1] - 22:19 school [30] - 19:6, 19:16, 19:21, 19:24, 21:21, 26:24, 27:20, 27:23, 28:13, 30:22, 35:15, 36:4, 36:11, 40:15, 41:11, 45:12, 45:17, 46:1, 47:6, 49:20, 49:21, 49:24, 50:10, 50:14, 52:14, 54:9, 61:2, 61:8, 63:10 schooler [2] - 19:20 schools [9] - 22:24, 23:4, 24:3, 30:18, 31:6, 31:15, 39:22, 48:21, 60:15 scientifically [1] - 11:19 se [1] - 27:22 search [1] - 45:20 seasoned [1] - 25:7 seated [1] - 6:3 Second [2] - 6:14, 65:23 second [6] - 6:15, 7:24, 9:19, 41:2, 63:24, 65:22 secondary [4] - 30:23, 31:11, 44:3, 56:16 Secondary [2] - 31:1, 44:6 Secretary [1] - 45:20 Section [1] - 7:20 secure [2] - 33:11, 33:20 security [10] - 12:14, 12:16, 12:18, 12:20, 24:5, 32:10, 40:23, 43:17, 53:5, 53:12 see [8] - 16:22, 23:9, 38:11, 43:14, 50:4, 51:19, 52:24, 53:4 seeing [3] - 18:16, 24:12, 66:17 seeking [3] - 7:19, 18:6, 33:3 self [1] - 46:21 self-imposed [1] - 46:21 sell [4] - 27:18, 29:8, 38:21, 38:23 selling [1] - 27:19 SENAGORE [4] - 3:12, 4:13, 44:22, 45:1 Senagore [3] - 45:2, 54:7, 57:1 send [2] - 39:5, 39:7 seniors [1] - 50:21 sense [1] - 32:13 sensors [1] - 11:24 sent [1] - 45:8 servants [1] - 26:17 serve [3] - 9:12, 19:5, 48:11 served [1] - 31:21 serves [1] - 48:4 service [6] - 13:8, 21:8, 37:17, 37:18, 61:6 services [1] - 15:14 set [2] - 10:5, 68:7 setback [2] - 30:11, 53:23 setbacks [6] - 28:18, 30:18, 30:19, 30:22, 31:4, 31:15 sets [1] - 29:1 seven [1] - 17:6 several [3] - 23:4, 32:3, 47:17 severe [1] - 24:23 shape [3] - 41:17, 46:14, 47:8 share [1] - 19:10 shared [3] - 12:16, 19:11, 41:2 shelf [1] - 10:13 shepherd [1] - 64:15 shield [1] - 23:12 shocking [1] - 41:5 shopping [1] - 36:9 Shorthand [1] - 67:4 shorthand [1] - 67:13 Show [1] - 53:14 show [7] - 16:21, 33:23, 34:2, 42:12, 42:15, 46:12, 47:7 showed [2] - 42:20, 55:9 showing [1] - 47:18 shown [4] - 11:7, 45:9, 46:7, 55:12 shows [3] - 13:12, 16:14, 17:17 side [2] - 25:7, 41:24 sight [1] - 36:11 sign [5] - 5:20, 8:4, 27:10, 37:4, 52:23 signage [8] - 8:5, 8:7, 35:14, 45:11, 45:22, 45:23, 46:5, 47:2 signed [1] - 68:3 significant [2] - 41:1, 56:9 signs [1] - 36:19 Silver [1] - 12:15 similar [1] - 8:6 similarly [2] - 52:9, 56:5 simple [1] - 35:20 simply [2] - 29:12, 36:12 simultaneously [1] - 67:13 sincerely [1] - 48:8 single [1] - 36:21 sit [1] - 62:22 sitting [1] - 51:7 situate [1] - 56:5 situated [1] - 52:9 situation [1] - 49:21 situations [1] - 40:10 six [1] - 62:10 size [1] - 10:21 SKUs [1] - 10:18 slide [1] - 17:16 slightly [1] - 16:18 Slippery [1] - 54:7 slippery [2] - 48:14, 54:8 slope [2] - 48:14, 54:8 small [1] - 26:5 smaller [1] - 41:12 smell [2] - 42:13, 61:17 smells [1] - 60:15 Smith [1] - 7:10 smoking [2] - 64:7, 64:10 snapshot [2] - 14:9, 15:2 social [1] - 33:8 sold [2] - 63:2, 63:7 solvent [1] - 11:23 someone [1] - 38:20 soon [2] - 14:24, 28:17 Sorry [1] - 49:7 sorry [6] - 51:11, 55:20, 57:9, 57:20, 58:21, 65:6 sort [2] - 29:20, 64:11 sought [1] - 47:3 sounds [1] - 24:5 sources [2] - 23:5, 24:10 space [3] - 9:4, 16:12, 16:16 spaces [2] - 31:5, 31:23 speakers [2] - 47:19, 48:9 speaking [6] - 21:20, 28:11, 30:7, 32:4, 39:21, 55:15 special [7] - 6:11, 7:13, 48:2, 48:4, 48:10, 48:24, 52:4 specific [2] - 30:15, 36:17 specified [1] - 67:19 spend [3] - 15:16, 16:1, 36:15 spent [1] - 31:20 spiral [2] - 24:21, 50:7 spotless [1] - 53:17 spots [1] - 16:8 Square [1] - 26:5 SS [1] - 67:1 St [1] - 8:21 stable [1] - 15:8 Stacks' [1] - 24:19 staff [6] - 12:17, 13:22, 18:2, 18:9, 21:5, 43:24 stage [1] - 25:10 stand [1] - 5:23 standard [1] - 12:7 standards [7] - 20:5, 20:8, 20:10, 20:14, 22:2, 51:24, 57:21 Star [1] - 12:15 start [1] - 19:1 started [2] - 38:10, 44:5 State [4] - 32:24, 33:14, 45:20, 67:4 state [12] - 5:18, 14:13, 14:18, 22:16, 27:10, 35:24, 36:4, 37:4, 41:7, 46:7, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 9 53:8, 53:9 STATE [1] - 67:1 states [6] - 11:4, 13:11, 13:13, 13:14, 15:4, 63:2 statutes [1] - 45:10 stay [1] - 61:9 stenographically [1] - 67:12 step [3] - 18:19, 27:9, 37:3 steps [1] - 55:21 Steve [2] - 7:9, 8:17 STEVE [2] - 4:3, 8:13 still [2] - 32:3, 65:13 stopped [1] - 49:23 stops [2] - 38:20, 39:2 store [8] - 9:11, 27:22, 52:23, 52:24, 53:1, 53:3, 53:4, 53:12 stores [8] - 11:16, 14:12, 14:18, 14:21, 14:22, 16:6, 17:18, 29:8 story [1] - 24:19 strategy [1] - 11:10 Street [2] - 7:16, 7:18 strict [1] - 46:17 strictly [1] - 64:12 strive [1] - 9:16 strong [5] - 9:20, 9:23, 18:1, 38:14, 61:18 strongly [1] - 27:17 structure [1] - 61:5 struggles [1] - 24:24 student [1] - 59:16 students [1] - 49:22 studies [7] - 23:10, 31:12, 42:3, 47:17, 56:12, 56:16 study [1] - 31:10 Subdivision [1] - 28:7 subject [2] - 46:15, 47:3 subjective [3] - 52:20, 54:10, 55:5 submitted [2] - 52:7, 56:24 subsequent [1] - 31:8 subsidiary [1] - 11:21 suburbs [1] - 8:20 successful [2] - 11:12, 21:12 sue [1] - 52:17 suffer [1] - 9:2 sufficient [1] - 23:12 Sugar [1] - 50:20 suggest [1] - 23:11 suggests [1] - 24:11 suicide [1] - 24:24 suing [1] - 52:15 suitable [1] - 55:23 Suite [3] - 3:3, 3:8, 3:12 summer [2] - 19:7, 62:19 Sunday [4] - 16:23, 17:6, 17:8, 17:12 Sundays [1] - 8:3 superintendent [1] - 34:24 supplies [1] - 26:19 supply [1] - 56:22 support [2] - 9:21, 41:17 Supreme [2] - 31:3, 44:8 surprised [1] - 36:2 surrounding [2] - 36:8, 60:17 surroundings [2] - 46:14, 47:8 survey [1] - 25:17 suspicious [1] - 49:21 sworn [18] - 6:1, 8:14, 18:21, 22:11, 27:12, 28:3, 30:2, 32:23, 34:21, 37:6, 39:14, 43:1, 44:23, 49:12, 51:13, 59:13, 62:2, 67:8 system [1] - 64:9 systems [1] - 60:10 T Taker [1] - 2:14 target [1] - 12:12 tattoo [2] - 62:12, 62:14 tax [1] - 21:13 Tax [2] - 13:3, 45:13 taxpayers [1] - 21:3 teach [1] - 21:4 teachers [1] - 50:17 teaches [1] - 62:6 teaching [2] - 21:7, 21:8 team [6] - 11:2, 17:22, 18:1, 40:1, 64:21 technologies [1] - 11:22 teenage [2] - 27:16, 40:4 teens [1] - 23:17 ten [5] - 8:23, 9:5, 12:22, 38:13, 47:19 ten-year [1] - 12:22 tenant [2] - 15:9, 55:23 tendency [1] - 30:16 term [1] - 15:8 terms [1] - 24:5 terrible [1] - 29:1 testified [15] - 8:14, 18:21, 22:11, 27:12, 28:3, 30:2, 34:21, 37:6, 39:14, 43:1, 44:23, 49:12, 51:13, 59:13, 62:2 testify [2] - 5:17, 67:8 testimony [9] - 5:10, 5:13, 6:4, 58:1, 58:3, 65:15, 65:17, 67:7, 67:16 THC [5] - 11:13, 24:22, 25:4, 25:5, 25:12 Theaters [1] - 31:4 themes [1] - 12:10 therefore [2] - 46:6, 47:9 thereof [1] - 68:3 third [2] - 25:21, 50:12 thousands [1] - 29:8 threat [1] - 52:13 threatened [1] - 60:21 threatening [1] - 52:17 three [10] - 7:19, 8:3, 15:1, 19:18, 27:16, 35:11, 39:18, 52:2, 53:6, 55:23 throughout [1] - 23:5 Thursday [2] - 17:4, 17:12 tight [1] - 53:5 today [2] - 22:22, 39:21 together [2] - 18:3, 21:4 Tonic [1] - 11:13 tonight [14] - 5:8, 5:12, 8:18, 16:17, 19:11, 19:24, 21:19, 27:4, 32:10, 44:13, 44:19, 47:20, 48:9, 51:17 tonight's [3] - 5:22, 7:8, 66:18 TONY [1] - 4:13 Tony [1] - 45:2 top [2] - 10:13, 16:22 topic [1] - 61:9 topicals [1] - 10:20 topics [2] - 44:19, 58:13 topographical [2] - 46:14, 47:8 total [3] - 17:9, 17:13, 55:11 towards [1] - 25:2 Town [1] - 26:5 town [11] - 17:18, 29:19, 52:6, 52:8, 52:10, 52:15, 53:8, 53:19, 55:11, 56:5, 62:15 towns [2] - 31:16, 44:9 track [1] - 12:23 trade [2] - 45:21, 57:4 traditional [1] - 16:4 tragically [1] - 24:24 training [3] - 13:23, 14:2, 14:3 tranquility [1] - 33:10 transactions [1] - 13:5 transcript [2] - 67:11, 68:3 transcription [1] - 67:14 Triangle [1] - 41:8 troubling [1] - 24:12 true [2] - 32:20, 67:16 truly [1] - 22:4 trustees [1] - 43:14 truth [1] - 67:8 trying [1] - 56:15 tutorials [1] - 14:5 twice [1] - 63:18 two [6] - 14:22, 14:23, 22:3, 45:7, 52:2, 55:23 types [2] - 30:17, 30:24 typewriting [1] - 67:14 U ultimately [2] - 20:17, 24:23 unable [1] - 27:4 under [11] - 10:3, 14:16, 23:2, 42:10, 46:11, 52:14, 53:2, 62:12, 67:15, 68:4, 68:6 underage [2] - 12:12, 12:13 underlying [1] - 41:21 understood [1] - 30:15 UNIDENTIFIED [7] - 28:15, 29:17, 34:8, 34:11, 54:14, 55:14, 64:24 Unified [1] - 7:21 uninviting [2] - 28:20, 29:11 unique [3] - 10:15, 11:24, 56:2 UNITED [1] - 1:6 United [2] - 3:5, 7:12 University [1] - 14:4 unless [1] - 60:24 unsavory [1] - 64:21 up [23] - 7:7, 14:18, 16:7, 17:11, 18:19, 20:2, 20:20, 21:2, 26:1, 27:9, 30:9, 30:11, 37:21, 38:3, 43:17, 44:21, 51:4, 55:9, 55:12, 55:15, 61:1, 61:2, 62:7 upgrades [1] - 59:23 upheld [1] - 22:3 uphold [1] - 32:23 upholding [2] - 32:2, 32:5 upper [1] - 19:22 Upper [1] - 49:16 urge [2] - 22:22, 27:17 users [1] - 25:21 uses [1] - 48:15 V vacant [1] - 52:2 vagrancy [1] - 37:22 valid [1] - 54:9 value [5] - 9:19, 20:23, 21:11, 21:18, 22:4 values [3] - 9:7, 21:7 Van [1] - 39:17 VAN [4] - 4:11, 39:13, 39:16, 42:16 vape [1] - 50:5 vapes [1] - 10:20 variance [8] - 21:16, 37:11, 39:4, 40:14, 45:21, 52:4, 52:12, 54:6 variances [12] - 6:12, 7:20, 20:3, 20:4, 20:11, 20:22, 21:9, 21:22, 28:17, 29:12, 53:7, 56:7 variation [12] - 46:11, 46:23, 47:9, 47:10, 47:13, 48:13, 48:21, 51:24, 55:22, 56:2, 56:21 variations [1] - 48:24 variety [1] - 11:6 various [2] - 30:17, 30:24 vertically [1] - 10:9 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 10 veteran [1] - 8:24 Veteran's [1] - 7:17 veterans [2] - 9:1, 9:2 via [1] - 67:14 vicinity [1] - 36:11 viewpoints [1] - 44:20 views [1] - 48:9 villages [1] - 44:10 VINYARD [56] - 5:4, 6:2, 6:16, 7:1, 7:6, 8:12, 18:12, 18:16, 22:8, 22:16, 27:8, 27:24, 29:22, 29:24, 33:22, 34:3, 34:9, 34:12, 36:24, 37:2, 39:11, 44:18, 49:3, 49:5, 49:10, 51:3, 51:10, 54:16, 54:24, 55:16, 55:18, 57:14, 57:18, 57:24, 58:7, 58:12, 58:17, 58:21, 59:2, 59:5, 59:10, 61:20, 61:23, 63:12, 63:15, 63:17, 63:20, 63:23, 65:2, 65:5, 65:9, 65:12, 65:23, 66:3, 66:9, 66:16 Vinyard [3] - 2:2, 6:24, 66:8 virtuous [1] - 29:9 visibility [1] - 24:11 visuals [1] - 12:11 VITOSH [2] - 67:3, 68:13 voiced [1] - 19:8 vote [2] - 29:12, 65:24 voted [1] - 20:2 W wall [1] - 8:4 waste [1] - 23:7 watched [3] - 26:3, 26:8, 26:9 WEBER [4] - 4:3, 8:11, 8:13, 8:16 Weber [3] - 7:9, 8:17, 19:7 Wednesday [1] - 1:21 weight [1] - 44:15 welfare [6] - 33:5, 33:18, 47:14, 47:24, 48:6, 48:12 well-being [1] - 20:9 well-known [1] - 41:9 western [1] - 8:20 WHEREOF [1] - 68:7 WHEREUPON [1] - 5:1 whole [2] - 44:5, 67:8 wholesome [1] - 29:5 wife [6] - 19:17, 28:8, 35:3, 37:10, 40:5, 41:16 Williams [3] - 2:3, 7:2, 66:10 WILLIAMS [5] - 6:13, 7:3, 57:17, 65:20, 66:11 willy [1] - 35:17 willy-nilly [1] - 35:17 wish [3] - 5:14, 6:6, 6:7 wishes [2] - 18:13, 18:17 wishing [1] - 5:17 WITNESS [2] - 4:2, 68:7 witnesses [2] - 6:1, 67:7 wonderful [2] - 38:7, 55:10 works [1] - 60:9 world [2] - 37:13, 38:9 worried [3] - 49:23, 50:8, 50:21 worry [1] - 49:18 worse [1] - 50:6 worth [1] - 32:11 wounded [1] - 9:1 write [1] - 61:23 wrote [2] - 51:6, 51:8 Y year [2] - 12:22, 54:8 years [15] - 8:23, 9:5, 11:3, 14:14, 15:9, 25:19, 31:2, 32:3, 38:6, 39:18, 40:7, 49:15, 52:2, 55:23, 62:10 yields [1] - 11:24 YORKVILLE [2] - 1:6, 1:7 Yorkville [40] - 1:18, 3:6, 7:12, 7:20, 14:22, 15:6, 18:24, 19:14, 19:17, 21:3, 22:20, 26:1, 26:16, 27:17, 28:14, 28:20, 29:5, 29:16, 30:5, 31:14, 32:5, 35:1, 35:3, 36:23, 37:9, 39:4, 39:17, 39:23, 40:2, 42:21, 43:4, 43:5, 50:16, 50:19, 50:20, 55:9, 56:15, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 9, 2024 11 60:21, 62:5, 62:13 Yorkville's [1] - 32:11 YOUNG [19] - 4:5, 4:10, 6:18, 6:20, 6:22, 6:24, 7:2, 7:4, 22:10, 22:13, 22:18, 37:5, 37:8, 66:1, 66:6, 66:8, 66:10, 66:12, 66:14 Young [4] - 2:14, 22:18, 31:3, 37:8 young [7] - 23:12, 29:1, 40:3, 42:8, 51:3, 51:4, 61:4 younger [1] - 50:10 Z zone [1] - 52:11 zoned [1] - 52:3 zoning [2] - 27:23, 56:3 Zoning [2] - 5:8, 18:4 ZONING [1] - 1:10 Citizen Planner Training United City of Yorkville November 13, 2024 Participating Agencies Session Leaders: •Tom Farace, AICP •Stan Popovich, AICP Agenda 1.Welcome and Introductions 2.Roles in the Process 3.Responsibilities of Commission 4.Findings of Fact 5.The Fine Print 6.Tools of the Trade 7.Resources for Commissioners STARTER QUESTIONS •How long have you been on the Commission? •Why did you become a Commissioner? •What are your favorite and least favorite parts of being a Commissioner? Courtesy of Plannersweb.com Roles in the Process Citizen Planner Training APA Illinois Chapter Chaddick Institute Role of the Commission •Play an active role in the healthy growth of your community. Don’t be afraid to think long-term! •Focus on community vision and character •Note outstanding examples of development and place- making in other communities •Visit developments after completion •Keep informed on local issues via local media, municipal newsletter •Current tools and techniques: APA publications, podcasts, news Role of Elected Officials •Non-land use responsibilities •Final authority on land use matters •Policy direction to Commission •Appoint Commission Role of the Planner / Staff •Planner may be a community employee, consultant, other staff member, or part time staff •Manages zoning entitlement process •Collects and analyzes information from applicants and feedback from other staff •Works closely with Commission to provide needed information about zoning applicants •Guides applicant and public regarding codes and hearings •Educates citizens about purpose and process of planning •Objective and consistent with both supporters and objectors •Explains the request (the applicant advocates for request) Working with Staff •Call staff with any questions about upcoming case •Review past cases to remain consistent •Staff may suggest changes to hearing procedure when needed •Consider a workshop for training on technical issues •Request informal meeting with related municipal committees Staff Report •Overview: applicant, address, action requested, notices •Background: zoning and uses of site and surrounding area •Data: description of site, history of prior uses, relief granted •Comprehensive Plan objectives; zoning requirements •Standards of review for Findings of Fact •Documents from the applicant, reports from consultants •Comments from other departments •Communications from the public •May or may not include staff recommendation •Provide commission adequate time to read it Examples of Related Commissions/Boards •Design Review Commission •Economic Development Commission •Environment Commission •Historic Preservation Commission •Transportation Commission Other Key Actors Attorney (Legal Counsel) •Provide guidance on hearing procedure •May or may not attend hearing •Clarifies zoning provisions for Commission Public •Listen •Ask questions, provide testimony •Be courteous to all Developer’s Role •Help to implement (build) the community’s plan •Focus on certain types of development forms (a developer is not always in a position to provide all land uses) •Provide complete, current, accurate information about the project (especially if seeking local funds or zoning relief) •Work with the municipality to answer questions and resolve conflicts throughout the development process •Conform to requirements of approval Developer’s Perspective •Can spend “6 figures” to be told no •Must meet the bottom line -there can be no vision nor any development without profit •Need to talk to the municipality early to understand the process -not all do •Towns have lots of rules, which change from town to town •Not all towns can explain the rules they have or why they have them •Financing is an essential element of the process –just as important as zoning approval DeveloperMunicipality Development Finance Other Jurisdictions •School District •Public Library •Park District •Fire Protection District •Adjoining municipalities •Townships •County, Forest Preserve District •Soil and Water Conservation District •Stormwater Management Commission •Water Reclamation District •State Agencies: IDOT, IEPA, DCEO •Federal Agencies: FHWA, FEMA, EPA Regional Planning Commission •RPC addresses issues that cross municipal borders such as: roads, transit, economic development, housing, air quality and water supply •RPC cooperates with municipalities to further integrated planning for all sub-areas within jurisdiction •RPC recommends on land use issues •Municipalities regulate land use •RPC partners with municipalities: •collects data •provides technical assistance to update plans •disseminates best practices, case studies •develops model plans and ordinances Hartford, Connecticut, became the first city in the United States with an official and permanent City Planning Commission in 1907. Prior to this, planning commissions were generally disbanded once a plan had been developed. Information and image courtesy of the American Planning Association, www.planning.org Chapter-Only Membership: only $50/year The choice for non-traditional planners, allied professionals, commissioners, elected officials, engaged citizens, and those that want to stay up-to -date on Illinois planning. ilapa.org/membership Become an APA-IL Member! 1.Commissioners have an important role in developing the community. 2.Elected Officials have a different role than commissioners (policy makers). 3.Staff explains the request, and the applicant advocates for the request. 4.Public –Listen to their concerns and be courteous to all. 5.Developer –Wants a financially successful project, but also wants a project that will be supported by City staff, Commission/ZBA, and Board. Questions and Discussion Responsibilities of Commission Members Citizen Planner Training APA Illinois Chapter Chaddick Institute Commissioner Responsibilities Be Prepared •Understand Comprehensive Plan and Zoning Ordinance •Read packet to be informed at the hearing •Visit site (context is important) •Understand proposal •Contact staff with questions (before hearing) Play an Active Role •Attendance is very important; alert staff if you will be absent •Arrive on time •Listen to staff, applicant, public, other commissioners •Ask questions •Consider project’s relation to Comprehensive Plan Commissioner Responsibilities •Professionally perform duties •Be consistent, fair and impartial •Avoid jargon -use terms understandable to public •Make all comments on the record •Not necessary to repeat comments by other commissioners •Be patient, courteous and respectful •Remain calm; model appropriate behavior for all Commissioner Responsibilities Hearing Responsibilities •Generally follow Robert’s Rules to give structure to hearing, or separate rules of procedure •Avoid esoteric details of parliamentary procedure •Consider requiring conditions to mitigate impacts raised by public •Avoid debates: Hear public questions, comment later •Obtain all information needed to make decision •Continue hearing, if necessary, to obtain information Commissioner Responsibilities Vote Based on Standards •Explain how vote relates to standards of review •Give appropriate weight to staff recommendations, if any •Keep an open mind •Recognize audience may not represent all views in community •Discuss with the other members only during the hearing •Do not exceed authority granted by Code or Statute Items not Reviewed by Commission Some items reviewed by staff •Building code issues•Property maintenance issues •Private security Some items reviewed by elected officials•Financing Some items not reviewed by Municipality (not reviewed by staff, appointed officials, elected officials)•Interior design•Internal business operations•Rents, sale prices and unit mix•Business competition (free market) Responsibilities of the Chair Run Efficient, Effective Meeting •Quality decisions by Commission depend on strong leadership by Chair •Chair controls meeting and sets tone •Ensures all interested parties have input •Focuses discussion on the topic •Expedites action •Votes Typical Hearing Procedure Chair describes rules Chair states the request Staff presents report Petitioner presents proposal Public testifies, asks questions Chair restates questions Commissioners asks questions Commission discusses case Chair restates request Commission votes based on standards Taking Testimony Holding a fair hearing so all views are heard •Ensure that all have the right to speak •Weigh relevance of testimony to standards of review •Consider all the testimony in voting •Number of people for or against the application is not criteria for decision 1.Play an active role in the process. 2.Be prepared for the meeting, and call staff with any questions ahead of time. 3.During public hearings -be patient, courteous and respectful, and avoid debates. 4.Vote based on standards / findings of fact -number of people for or against the application is not criteria for decision. 5.Chair –Sets the tone, takes testimony, and leads the meeting (not the applicant or the public). Findings of Fact Citizen Planner Training APA Illinois Chapter Chaddick Institute Findings of Fact •Basis to ensure fair decisions •Consistency with the Plan •Evidence must show standards are met, based on the co de •Refer to standards when voting •Essential if there is litigation •Setting a precedent •Proposal considered on its merits •Record clear reason for decision Findings of Fact Illinois Supreme Court case: La Salle National Bank of Chicago v Cook County (1957) •Zoning is constitutional •Zoning cannot be arbitrary, capricious •Health, morals, safety and general welfare of the public The “LaSalle Factors” –basis of zoning standards: •Existing uses and zoning of nearby property •Suitability of property for zoned purpose •Length of time property has been vacant •Decrease in owner’s property values •Promotes public health, safety and welfare •Gain to public versus hardship to owner Euclid v. Ambler Tackles Zoning –November 1926 In the case of Village of Euclid, Ohio, v. Ambler Realty Co., the U.S. Supreme Court ruled that the village of Euclid did not infringe on the rights of Ambler Realty by establishing its zoning ordinance. The ruling more broadly affirmed the constitutionality of zoning and led to the growth of zoning ordinances across the United States.Information and image courtesy of the American Planning Association, www.planning.org Special/Conditional Uses Special/Conditional Uses are considered appropriate for the Zoning District, and… •Possess unique characteristics to consider •Mitigate impact of us use upon neighboring property, public facilities •Mitigate impact of use upon environment, natural resources, community •Consider public need for the particular use at the particular location Variations •Variations may be granted when carrying out the strict letter of the code will create a practical difficulty or a particular hardship for the owner. •The particular physical surroundings, shape or topographical condition of the specific property involved would bring particular hardship upon the property owner •Variation analysis pertains to the property and not the property owner •Variation must be in harmony with the purpose and intent of the zoning code •Ordinances often limit variations •Use variations are not good zoning 1.Findings of Fact -Refer to standards when voting, evidence must show standards are met. 2.Request considered on its merits, do not need to focus on setting a precedent. 3.LaSalle Factors -Basis for zoning standards. 4.Special/Conditional Use –Has been deemed acceptable in zoning district, but requires additional review and public hearing. 5.Variation -May be granted when carrying out the strict letter of the code will create a practical difficultyor a particular hardship for the owner (based on a need and not a want). Questions and Discussion The Fine Print Citizen Planner Training APA Illinois Chapter Chaddick Institute Ex Parte Communications •Contact between Commissioners and applicant, opponents or supporters outside public hearings •Includes in person contact, phone calls, written materials provided by applicant or interested party •Avoid it as could invalidate ultimate determination •Suggest the interested party attend the hearing or send comments to staff •At the site: avoid contact with public, if possible •Disclose any ex parte contact at the hearing Ethics •Intent: serve public interest without opportunity for personal gain •State Statute 5ILCS 430/1-1 et seq. and Municipal Code •APA Ethical Principals in Planning •Applies to elected and appointed officials and employees •Limits specified gifts and certain political activities •Some communities have Ethics Advisor or Ethics Commission •For questions, check with staff or Attorney Conflict of Interest Having a business or financial relationship with an applicant as a client or customer Having a financial interest in the project or are business partner with applicant or own the property Appearance of Impropriety •No conflict of interest exists but it may impair ability to exercise independent judgment •A relationship between applicant and Commissioner such that a reasonable person may believe a conflict exists Conflict of Interest •Recuse when an actual conflict of interest exists, do not participate in the hearing and leave the room •Disclose on the record the relationship when there may be an appearance of impropriety Conflict of Interest What is not a Conflict of Interest? •Voting on general laws which affect all citizens •Request from organization in which you are a member •Commissioner related by blood or marriage to applicant, but has no financial connection to project Open Meetings Act Why have the Open Meetings Act? •Public access to information •Understand decision making process •Strengthen transparency •Hold government accountable Open Meetings Act •All meetings are open to the public •When commission hears testimony on a specific case, it is a public hearing (which requires 15 day notice) •When commission meeting is informal workshop, it is a public meeting (which requires 48 hour notice) •Gathering of a majority of quorum to discuss public business is a public meeting •Meetings •Phone calls •Video conferences •Email •Instant messaging 1.Conflict of Interest –only if •Commissioner has financial interest in the property or project OR •business relationship with the applicant. Follow protocols if conflict exists. 2.Be careful with gathering as a majority of a quorum to discuss •public business OR •a project outside of the public hearing. 3.Any questions, check with staff or Attorney. Questions and Discussion Tools of the Trade Citizen Planner Training APA Illinois Chapter Chaddick Institute Policy Planning Foundation for Implementation, Planning, Budgeting, Grants, CIP… •Comprehensive Plan •Downtown Plan •Corridor Plan •Neighborhood Plan •Housing Plan •Watershed Plan •Transportation Plan •Preservation Plan •Sustainability Plan Process fundamentals apply all Planning Comprehensive Plan •The community’s vision for its future •Authority established by Illinois State Statutes •Plan -general future policy •Zoning -specific current regulation Comprehensive Plan Typical topics: •Land Use •Environment •Public Facilities, private utilities •Transportation •Historic Preservation, urban design •Housing •Economic Development •Sustainability The 1893 World’s Fair in Chicago showcased Daniel Burnham’s ideas for the “City Beautiful” movement, and offered a blueprint for growth and vision of what cities could be. Make no little plans; they have no magic to stir men’s blood and probably themselves will not be realized. Make big plans; aim high in hope and work. Daniel Burnham The Plan of Chicago, written by Burnham and Bennett in 1909, was the first comprehensive metropolitan plan in the United States. The plan concentrated on physical improvements, such as new parks, lakefront upgrades, new civic and cultural centers, and transportation development. The Burnham Plan remains highly influential to the philosophy and process of planning cities. Public Participation in Planning •Educates and informs the public •Public ownership of plan supports implementation •Various formats to engage residents and businesses •Print, radio •Local cable TV access channel •Social Media •On line survey •Advisory groups •Design charrette •Open house •Public hearing •No right answer, customize the community Working with the Public •Make participation as easy as possible •Work for maximum turnout, don’t expect it •Keep workshops interesting, interactive, and fed •Anticipate and answer questions –teach, don’t lecture •Publicize meeting on websites, social media, public places, in multiple languages if appropriate. •Provide copies of material for public •Public hearings •Create atmosphere that welcomes public participation •Arrange agenda so simple, non-controversial cases are first Who are your Neighbors? •Senior citizens, 65 and older; children, 18 and under •Disabled •Asian, Black, Hispanic, Native American, White •High school education, graduate level education •Speaks a foreign language at home •Currently unemployed, retired, student •Income below poverty line, below 80% of median income •Lives in a single-family home (owner or renter); homeless •Lives in a multi-family structure (apartment, townhome, condo) •Moved from another state, moved from another country Jane Addams (1860-1935) •Suffragist, sociologist, and activist •Referred to as the mother of social work •Cofounded Hull House in Chicago in 1889, the first settlement house in the U.S. •Nearly 500 settlement houses opened their doors in the U.S. by 1920 •Marine biologist, writer, and conservationist •Wrote Silent Spring in 1962, which was instrumental in launching the environmental planning movement •Spurred changes in laws affecting air, land and water Rachel Carson (1907-1964) Plan Implementation •Policy: economic, environmental well being of municipality •Financial: CIP, TIF, SSA, downtown façade grants •Regulations: solar and wind farms, casinos, cannabis •Procedures: development review, design guidelines •Improvements: streetscape, greenway and trail system •Intergovernmental issues: consolidation, property taxes •Review and revise plan when needed Questions and Discussion Regulating Development •Police Power –health, safety, welfare •Balance community character and economic development •Clear structure with objective codes applied consistently •Predictable, fair, timely process •Each community is different •No right answer, but consider legal limitations •Design Guidelines Zoning •Creates predictability. Protect residents from others’ actions, not primarily to limit owner’s use •State statutes authorize local governments to zone; case law limits how zoning is used •Tools to implement Plan by regulating •Use of land •Amount of open space on lot, building setbacks •Bulk of buildings, land coverage on lot Zoning Districts •Single Family •Multiple family •Central Business District •Mixed Use •Retail •Commercial •Office •Manufacturing •Institutional •Open Space •Agricultural •Overlay District(s) In July 1916, New York City enacted the Nation's first comprehensive zoning resolution. Types of Zoning Approval •Permitted Uses (no hearing) •Variation or Variance •Special Use or Conditional Use •Planned Development or PUD •Conditions •Must be rational nexus to proposal •Listed in approving ordinance Planned Development (aka Planned Unit Development) Benefits to the Developer •Flexibility in design •Phased construction •Consolidates variations Benefits to the Municipality •Public Benefit •Open space & recreational areas •Preserve natural features & environmental resources •Incentivize Community Goals (ie. historic preservation, affordable housing) Keeping Zoning Current •Text Amendment changes the language in the code •Map Amendment changes the zoning district for some parcels -avoid spot rezoning just one parcel •Often amend zoning text and zoning map after new Comp Plan adopted Subdivision •Procedure to regulate division of land into lots for sale, lease, or development •Operates with zoning code and building code •Affects the look and function of a community •Requirements for access, safety and health •Technical process to confirm plat meets standards in the ordinance •Dedication of Land or Fee in Lieu for Schools and Parks Subdivision Regulations Public Improvement Standards Define Community Character •Roads, curbs & gutter, street lighting •Sidewalks (both sides of the street?), paths •Utilities, stormwater (sewer or swale?) Approval Process Ensures Infrastructure Installation •Ministerial Function •Plan Commission reviews preliminary & final plat •Elected officials act on preliminary & final plat •Utilities installed in advance of / concurrent with lotting Annexation •Growth tool to expand municipal boundaries •Address potential impacts of adjacent properties outside of municipality •Voluntary Annexation may be in advance of contiguity •Pre annexation agreement sets parameters for later annexation •Force Annexation •Required to be less than 60 acres and surrounded by municipality 1.Comprehensive Plan/Planning documents a)Policy guide for community’s future development 2.Zoning Regulations a)Essential tools to use when reviewing projects 3.Make public participation as easy as possible for all members of the community Questions and Discussion Resources for Commissioners Citizen Planner Training APA Illinois Chapter Chaddick Institute Resources: •Staff, local library •APA website, magazine, books, podcasts •APA state & national conferences and webinars •APA’s The Commissioner newsletter •Local and National media and newspapers •Planning Commissioner’s Journal (plannersweb.com) 1960 1960 1961 1969 1992 1993 Resources: American Planning Association •www.planning.org •www.ilapa.org •www.planning.org/ethics/ethicalprinciples/ Websites & Listservs •www.planetizen.com •www.plannersnetwork.org Other Organizations •https://las.depaul.edu/centers-and-institutes/chaddick-institute-for-metropolitan-development/pages/default.aspx •www.strongtowns.org •www.cnt.org •www.pps.org •www.landmarks.org •www.savingplaces.org •http://petepointnerplanning.blogspot.com/ Diversity, Equity, and Inclusiveness Resources: •APA Annual Diversity Forums: https://planning.org/diversity/efforts/ •2019 PAS Memo Increasing Diversity, Equity and Inclusion in Planning: https://planning.org/publications/documents/9176238 •APA -IL 2017 Planning for Equity Program: https://www.ilapa.org/diversity-equity- inclusion •APA Ambassador Program: https://planning.org/ambassadors/ •APA Diversity and Inclusion Training: https://learn.planning.org/local/catalog/view/product.php?globalid=LRN_PAC18_0 01 •APA course Promoting Diversity and Inclusive Communities: https://learn.planning.org/local/catalog/view/product.php?globalid=LRN_188182 •American Association of University Women Work Smart Online: www.salary.aauw.org •American Planning Association Equity Policy Guide (2019): https://planning.org/publications/document/9178541/ •Informational Videos --Jim Crow of the North: https://www.tpt.org/minnesota- experience/video/long-lead-jiyjix/and •The Color Tax: https://www.youtube.com/watch?v=UVHqMbyzZ-Y Thank You! Citizen Planner Training APA Illinois Chapter Chaddick Institute 1 REQUEST SUMMARY: Marker Inc., the petitioner, along with the property owner, the United City of Yorkville, seeks to amend the Kendall Marketplace Planned Unit Development (PUD) Agreement. They are requesting approval for a preliminary subdivision plat and a final PUD plan to develop Heartland Meadows West. This mixed-use project will feature twenty single-family residential lots for an active adult community, along with four commercial outlots. The proposed zoning designations are R-2 Single-Family Traditional Residential District for the residential lots and B-3 General Retail District for the commercial lots. Additionally, the petitioner is seeking to reduce the rear yard setback from 40 feet to 20 feet, due to the presence of a 16-inch City water main running parallel to the northern boundary of the parcel. They also request a reduction in interior and corner side yard setbacks from 10 feet and 30 feet to 5 feet. The approximately 8.29-acre site, currently vacant, is located within the Kendall Marketplace development, north of Blackberry Shore Lane and between Northland Lane and Cannonball Trail. Memorandum To: Planning & Zoning Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: November 6, 2024 Subject: PZC 2024-21 Heartland Meadows West (Kendall Marketplace) Proposed PUD Amendment and Preliminary & Final PUD Plan 2 PROPERTY BACKGROUND/ZONING: The subject property is located within the existing Kendall Marketplace Planned Unit Development (PUD) approved by the City in 2006. Per Article II of the Development Agreement (Ord. 2006-125) for Kendall Marketplace, “[t]he development of the property shall be generally pursuant to the Conceptual Plans attached hereto and incorporated herein as Exhibit “B” as illustrated below: The Kendall Marketplace PUD allowed for a mix of uses permitted within the B-3 General Business District, R-2 Single-Family Traditional Residence District, and the R-3 Multi-Family Attached Residence District. The following are the current immediate surrounding zoning and land uses to the subject property: COMMERCIAL PURCHASE & SALE AGREEMENT: After several years of the subject property siting fallow, the City of Yorkville and Heartland Meadows, LLC, entered into a “Commercial Purchase and Sales Agreement” on January 23, 2024 which established specific conditions for the development of the parcel for residential and commercial uses. However, the originally approved concept plan designates the land use for the subject parcel as “civic purposes”. While Zoning Land Use North R-2 Single-Family Residence District Cannonball Estates Subdivision East R-3 (Kendall County) Single-Family Residential South Planned Unit Development (B-3) Kendall Marketplace (Home Depot) West Planned Unit Development (R-3) Kendall Marketplace (Baseball Field) Kendall Market Place (Townes of Kendall Marketplace) 3 the existing Kendall Marketplace development has underlying zoning that permits the proposed single- family dwellings and allows for various commercial uses—such as retail, services, entertainment, dining, medical, and vehicle-related activities—the proposed residential and commercial uses for this parcel requires an amendment to the approved Planned Unit Development (PUD). The agreement allows a Feasibility Period and Platting/Entitlement Period, with the deadline for petition submission set for July 23, 2024, and entitlements required by January 23, 2025. The purchaser is also tasked with establishing a business owner’s association in conjunction with final plat approval to oversee cross-access easements and maintenance for the commercial parking lots in proportion to their area. Additionally, commercial parcels must align with the B-3 Zoning District standards or less intense B-1 or B-2 classifications. Further, the agreement permits the purchaser to secure water and sanitary sewer connection fees at rates effective as of December 1, 2023, for five years following City Council’s final plat approval. Residential water connection fees are set at $5,554, while sanitary sewer connection rates are $2,000, with commercial rates varying by meter size and number of drain units. Covenants will apply to the residential lots, limiting them to a 55+ active adult community, with lot dimensions conforming to the minimum standards previously used in the Heartland Meadows subdivision. Finally, signage installation is permitted post-Feasibility Period, provided it complies with Unified Development Ordinance (UDO) standards. AMENDMENTS TO APPROVED PUD: As mentioned, the change in approved land use from civic to residential and commercial requires an amendment to the existing Kendall Marketplace PUD. Section 10-8-8G of City’s Unified Development Ordinance (UDO) establishes criteria for major and minor planned unit development amendments. Based upon the increase in residential land use/density, a modification in the proportion of housing types, and the alt, the request is deemed a major amendment. The breakdown of change in approved land uses within the Kendall Marketplace PUD is provided in the table below: PROPOSED PRELIMINARY & FINAL PUD PLAN: As proposed, the concept for Heartland Meadows West Subdivision includes 20 single-family residential lots, specifically designed as an active adult community. These lots are positioned within the designated residential zoning area, aligning with the project’s goal of creating a neighborhood for active adults. Four commercial outlots are planned, with zoning aimed at supporting various business activities. These lots are situated to accommodate retail, service, and other business-oriented uses, contributing to a mixed-use environment within the community. The plan seeks amendments to the existing PUD agreement, proposing zoning designations of R-2 Single- Family Traditional Residential District for the residential lots and B-3 General Retail District for the commercial lots. Specific setback adjustments are requested due to site-specific constraints, such as a nearby City water main. APPROVED PUD PLAN (Acres) PROPOSED PUD AMENDMENT (Acres) % CHANGE Residential 47.26 3.33 +7% Commercial 105.33 3.39 +3.3% Detention 21.90 0 - Park 4.40 0 - Civic 8.35 0 - Open Space 3.28 0 - Dedicated R.O.W. 1.58 1.57 +99% TOTAL AREA 192.1 8.29 4 5 The preliminary plan is considered an initial draft that outlines the petitioner's intended layout for a future final plat of subdivision, including all proposed site improvements. Typically, preliminary plans are valid for twelve (12) months. However, for Planned Unit Developments (PUDs), which are considered special uses, the approved plans expire only after three (3) years from approval if no Building Permit is issued and no portion of the property is final platted. REQUESTED PUD DEVIATIONS: Planned Unit Developments (PUD) are allowed to modify standards of the base district as long as the requested modifications are specifically identified and demonstrates how each allowance is compatible with surrounding development, is necessary for proper development of the site, and is aligned with at least one (1) modification standard found in Section 10-8-8D of the UDO. Accordingly, modification standard #7 “Age-Targeted Development” applies, as the proposed development will include residential dwelling units, amenities, and design characteristics intended to accommodate the lifestyles and needs of senior citizens. Below is a summary of the design components of the Preliminary and Final PUD plans and the identified proposed deviations from the base R-2 and B-2 district standards as part of the PUD and Preliminary Plan: 1. R-2 Single-Family Bulk Regulations - Per the Table 10-3-9(A) Bulk and Dimensional Standards, the following compares current R-2 Single-Family Traditional Residence District standards with the proposed Planned Unit Development (PUD) for the residential lots: R-2 Zoning Regulations Approved Heartland Meadows Proposed Heartland Meadows West Min. Lot Area 12,000 sq. ft. 5,000 sq. ft 5,000 sq. ft1 Min. Lot Width 80 feet 50 feet 50 feet Front Yard Setback 30 feet 25 feet 25 feet Rear Yard Setback 40 feet 20 feet 20 feet Side Yard Setback 10 feet 5 feet 5 feet Corner Yard Setback 30 feet 10 feet 10 feet Max. Lot Coverage 45% 22.5% (Entire Development) Max. 65% (Individual Lots) TBD Max. Dwelling Height 30 feet 1 story 1 story The proposed PUD does not meet the minimum bulk regulations for lot area, lot width, and yard setbacks required in the R-2 Zoning District. The petitioner is requesting that the bulk regulations for the proposed Heartland Meadows West development align with the approved standards of Heartland Meadows, as outlined in the Commercial Purchase and Sale Agreement. Although the maximum lot coverage for the development is still undetermined, staff is confident it will remain within the 65% limit per residential lot. The petitioner seeking a relief from Section 10-3-9. Bulk and Dimensional Standards for the R-2 Zoning District of the Unified Development Ordinance. Staff is supportive of this request. 2. B-3 General Business Bulk Regulations - Per the Table 10-3-9(A) Bulk and Dimensional Standards, the following compares current B-3 General Business District standards with the proposed Planned Unit Development (PUD) for the commercial lots: 1 Proposed minimum lot area is 5,851 sq. ft. Proposed maximum lot area is 9,220 sq. ft. Proposed average lot area is 7,241 sq. ft. 6 B-3 Zoning Regulations Proposed Heartland Meadows West Min. Lot Area 10,000 sq. ft. ~31,700 sq. ft2 Front Yard Setback 50 feet 18 feet Rear Yard Setback 20 feet 20 feet Side Yard Setback 20 feet TBD Corner Yard Setback 30 feet 30 feet Max. Lot Coverage 80% TBD Max. Building Height 80 feet TBD The proposed PUD does not meet the minimum front yard setback requirement of 50 ft. (assuming Blackberry Shore Lane is the front yard) for the B-3 district and other regulations related to interior side yard setbacks, maximum lot coverage and building height remain undetermined at this preliminary level of design. Due to the placement of the parking lot in the front of the commercial structures, staff believes the minimum building setback may exceed the requested 18 feet front yard setback. The petitioner seeking a relief from Section 10-3-9. Bulk and Dimensional Standards for the B-3 Zoning District of the Unified Development Ordinance. Staff is supportive of this request. 3. Parking Requirements - According to the Preliminary PUD Plan submitted, there are 132 total parking spaces to be provided on the property to accommodate the proposed four (4) commercial outlots. Per Table 10-5-1(H)(5) Minimum Parking Requirements of the Yorkville Unified Development Ordinance, staff would classify the lots, for the purposes of off-site parking, as commercial retail/service uses less than 8,000 sq. ft., which requires a minimum of 0.3 parking spaces per 1,000 sq. ft. of net floor area (NFA). While there is no specific information provided as to the individual proposed buildings, certain allowed reductions to the required parking may be available once final use type is determined. Additionally, per Section 10-5-1K-1 of the Unified Development Ordinance, the developer must install the infrastructure to accommodate a minimum of three (3) electric vehicle charging stations is required. 4. Vehicular Cross Access - The proposed site design includes three (3) access points: two on Blackberry Shore Lane serving the commercial lots and one on Northland Lane for the residential area. The Blackberry Shore Lane access points lead to off-street parking for commercial use, while the Northland Lane access leads to a future public roadway that ends in two cul-de-sacs for residential access. Notably, the commercial access points on Blackberry Shore Lane align with existing access points for Home Depot in the adjacent Kendall Marketplace development. Additionally, there are two (2) rear access points on the commercial lots connecting to the planned public roadway, designated for service vehicles such as garbage trucks, delivery vehicles, and emergency services, without a direct link to the residential roadway. In line with Section 10-5-1-F of the Unified Development Ordinance, which encourages cross- access between adjacent properties, the development is required to promote shared parking and ease vehicular flow between commercial and residential areas. The commercial lots meet shared parking requirements, and as such, the developer will need to include cross-access easements for these parcels in the Final Plat of Subdivision. This design aims to reduce street access 2 Proposed min. lot area is 31,725 sq. ft. Proposed max. lot area is 44,976 sq. ft. Proposed average lot area is 44,983 sq. ft. 7 points and facilitate movement between different uses, supporting connectivity and operational efficiency within the site. 5. Pedestrian Circulation - Per Section 10-5-1-N Pedestrian Circulation Standards of the Unified Development Ordinance required off-street parking areas to on-site pedestrian circulation systems and connection to existing and future planned trails. The site has an existing 10’ wide multi-use pedestrian/walking trail along Blackberry Shore Lane and sidewalk installed along the frontage of Northland Lane. 6. Off-Street Loading - Per Section 10-5-1-Q of the Unified Development Ordinance, the number of off-street shall be determined on a case-by-case basis, and in the instance of special uses, loading berths adequate number and size to serve such use, as determined by the Zoning Administrators, shall be provided. The petitioner requests a minimum of one (1) off-street loading space per commercial building on the subject property. Staff is supportive of this request. 7. Public Street Design - According to Section 10-7-5-A of the Unified Development Ordinance, cul-de-sac lengths should not exceed 500 feet, measured from the entrance to the center of the turn-around. The proposed primary cul-de-sac measures approximately 500 feet, as verified by staff. The secondary cul-de-sac is shorter, measuring around 200 feet. Islands with a minimum radius of 15 feet are required in the center of cul-de-sacs and should feature mountable curbing to allow vehicle access. While vegetation may be planted, it should not exceed four feet in height at maturity to maintain clear visibility across the cul-de-sac. Proposed streets will be dedicated public roadways and street names will be provided as part of the final plat submission for approval. For the primary cul-de-sac, which has a radius of 60 feet, the petitioner is requesting a deviation from the required center island. Staff is supportive of this request. 8. Lots - According to Section 10-7-2, all lots are required to front or abut a public street. Residential lots 3-5 will have driveway access from Northland Lane. Given the proximity to the public park and ball field located across from the proposed development, on-street parking currently is not allowed on the west side of Northland Lane along the park. The City recommends the no parking restricted be swapped to the east side of the street in front of the residential homes with signage and stripping installed accordingly. 9. Landscaping - Section 10-5-3 establishes landscape standards for new developments. Transition zone landscape will be required along interior side and rear property lines of all nonresidential, mixed use, and multi-family development. It is not expected that the transition area will totally screen such uses but rather will minimize land use conflicts and enhance aesthetics. The rear of the double-frontage commercial lots shall provide a Type C Transition Yard along the 8 primary cul-de-sac between the commercial and residential land uses as described below: Type A (3) Type B (3) Type C (3) Type D (3) (a)Minimum Zone Width (1)8 feet 10 feet 15 feet 20 feet (b)Minimum Fence/Wall Height (2)optional optional 6 feet 6 feet (c)Understory Tree optional 3 4 5 (d)Canopy/Evergreen Tree 4 3 4 5 (e)Shurbs/Native Grasses optional 15 25 35 (3) Landscaping elements can be arranged to match to natural topography or natural features of the site and may be arranged in groupings to enhance site aesthetics as approved by the Zoning Administrator. (2) Fence or wall requirements may be satisfied by a solid evergreen hedge with a maximum height of six (6) feet, as approved by the Zoning Administrator. Table 10-5-3(F)(3) Transition Zone Types Specification Minimum Number of Landscape Elements per 100 Linear Feet Notes: (1) Required yard setbacks may be utilized for transition zone landscape. Based on staff review, several landscape requirements apply to the residential lots. Per Section 10-7-3-B-4-c of the Unified Development Ordinance, at least one canopy tree is required for every 40 linear feet of parkway. Additionally, Section 10-7-3-B-4-c-1 allows up to 25% of these trees to be substituted on private property within the same subdivision, provided certain conditions are met. These conditions include ensuring that the trees are located on private property within the same subdivision, are in front yards, meet planting specifications, and enhance neighborhood aesthetics, achieving the same visual impact as parkway plantings. The developer must specify the percentage of parkway trees planned for private property within the residential lots. Should this percentage exceed the 25% allowance, a deviation in the Planned Unit Development (PUD) is required. Staff is supportive of the deviation. 10. Deed Restrictions & HOA – Per the Commercial Purchase & Sale Agreement, the development shall be constructed and operated as an age-targeted community with occupancy of the housing units restricted to at least one (1) principal resident who is 55 years of age or greater which shall not be modified for a period of twenty-five (25) years from approval of the Final Plat for the Planned Unit Development plan. Additionally, the developer will create a homeowner’s association (HOA) for the maintenance of the private yards. 11. Appearance Standards - Per Article III of the Development Agreement (Ord. 2006-125) for Kendall Marketplace, there are special provisions for design standards in addition to the City’s Appearance Code, for Single-Family Detached Residential Units, they must incorporate: • Masonry products on the front façade of 75% of the total units. • A minimum of 75% of the front façade of each building shall have masonry products. A 10% reduction will be given for each major architectural feature on the front façade. • A minimum of 50% of each building elevations shall incorporate premium siding material. • Primary structures shall be constructed upon either a basement or foundation – slab construction shall not be used. In addition, the Commercial Design Standards per the original Kendall Marketplace Development Agreement are as follows: • All guidelines” within the Appearance Code section for Non-residential building design for unbuilt sites for commercial, office and institutional uses, per section 10-5-8 of the Unified Development Ordinance. 9 • This requires masonry products or precast concrete shall be incorporated on at least fifty (50) percent of the total building, as broken down as follows: The front facade shall itself incorporate masonry products or precast concrete on at least fifty (50) percent of the facade. Any other facade that abuts a street shall incorporate masonry products. The use of masonry products or precast concrete is encouraged on the remaining facades. • All commercial, office and institutional buildings shall consist of solid and durable facade materials and be compatible with the character and scale of the surrounding area. • Masonry products shall not be painted. PERMIT FEES: Per “Exhibit D” and “ Exhibit E” of the Development Agreement (Ord. 2006-125) for Kendall Marketplace includes residential and commercial permit fees (see attached). Based upon the Commercial Purchase and Sale Agreement, staff recommends the following draft fee schedule shall apply: With regard to the School Transition Fees, the developer will provide written evidence to the City in the form of an executed resolution from the Yorkville Community School District #115 that the School Transition Fee shall be waived on all single-family residences within the proposed development due to it being an age restricted community in conformity with the US Housing and Urban Development standards. FEES PER UNIT A paid receipt from the School District Office, 602-A Center Parkway Yorkville, must be presented to the City prior to issuance of permit (see note "a" below)$0 Separate Yorkville-Bristol Sanitary District fee - made payable to Y.B.S.D.$1,400 United City of Yorkville Fees 1. Building Permit Cost $650 plus $0.20 per square foot (SF)$650 + $0.20(SF) 2. Water Connection Fees SF $5,554 3. Water Meter Cost Detached Units $550 4. City Sewer Connection Fees (see note "b" below)$2,000 5. Water and Sewer Inspection Fee $25 6. Public Walks/Driveway Inspection Fee $35 7. Development Fees Public Works $700 Police $300 Building $1,759 Library $500 Parks & Recreation $50 Engineering $100 Bristol-Kendall Fire $1,200 Development Fees Total $4,609 8. Land Cash Fees Apartment Townhome Duplex Single Family Park N / A N / A N / A $3,000.00 School N / A N / A N / A $4,780.48 Land-Cash Fees Total $0.00 $0.00 $0.00 $7,780.48 9. Road Contribution $2,000 Notes: a. Fee is reduced to $0 per Resolution from Yorkville School District #115 b. Fee is locked at December 1, 2023 rate for 5 years per Commercial Purchase and Sale Agreement Heartland Meadows West (see note "b" below) FIVE (5) YEAR FEE LOCK EXPIRATION 10 COMPREHENSIVE PLAN: The 2016 Comprehensive Plan Update designates this property as “Parks and Open Space” which is defined typically for a broad range of recreational activity, trails, and green space. However, in some instances, the Comprehensive Plan acknowledges, that open space designation may be reserved until future market demand could support commercial development. Further, the Comprehensive Plan encourages development that meets the needs of the aging population in Yorkville. Additionally, the recently adopted “Elevating Aging-in-Community/Lifecycle Living in Yorkville – A Strategic Guide” recommended the city pursue appropriate and affordable housing to support older residents staying in Yorkville. Therefore, staff supports the proposed PUD and its consistency with the proposed underlining residential and commercial land uses as they are consistent with the previously approved Kendall Marketplace Planned Unit Development. ECONOMIC DEVELOPMENT COMMITTEE FEEDBACK: The feedback from the Economic Development Committee Meeting on November 6, 2024, emphasized that the minimum front yard building setback for all residential lots must be 25 feet, requiring a revision of the Preliminary Plat of Subdivision to meet this standard. Additionally, it was recommended that the corner side yard building setback for residential Lot 2 along Northland Lane be increased beyond the proposed 10 feet, and that the front yard setback for the commercial lots be increased beyond the currently depicted 18 feet. STANDARDS FOR PLANNED UNIT DEVELOPMENT: The Planning and Zoning Commission may recommend approval of a Planned Unit Development (PUD) upon considering the following standards (Section 10-8-8-E of the Unified Development Ordinance): 1. Plan and Policy Alignment. The Planned Unit Development is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City. 2. Integrated Design with Identifiable Centers and Edges. The Planned Unit Development shall be laid out and developed as a unit in accordance with an integrated overall design, in which the various land uses function as a cohesive whole and support one another. The design shall provide identifiable centers, which form focus areas of activity in the development, and edges, which define the outer borders of the development, through the harmonious grouping of buildings, uses, facilities, public gathering spaces, and open space. 3. Public Welfare. The Planned Unit Development is designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare. 4. Compatibility with Adjacent Land Uses. The Planned Unit Development includes uses which are generally compatible and consistent with the uses of adjacent parcels. If the uses are not generally compatible, all adverse impacts have been mitigated through screening, landscaping, public open space, and other buffering features that protect uses within the development and surrounding properties. 5. Impact on Public Facilities and Resources. The Planned Unit Development is designed so that adequate utilities, road access, stormwater management, and other necessary facilities will be provided to serve it. The Planned Unit Development shall include such impact fees as may be reasonably determined by the City Council. These required impact fees shall be calculated in reasonable proportion to the impact of the Planned Unit Development on public facilities and infrastructure. 11 6. Archaeological, Historical or Cultural Impact. The Planned Unit Development does not substantially adversely impact an archaeological, historical, or cultural resource, included on the local, state, or federal register, located on or off the parcel(s) proposed for development. The petitioner will provide written responses to these standards which will be incorporated into the record during the public hearing. STAFF COMMENTS: The City Engineer has reviewed the proposed Planned Unit Development Amendment and Preliminary PUD Plan, with approval contingent on addressing comments prepared by EEI dated October 3, 2024. The petitioner has submitted written responses to these standards, which will be included in the record for the public hearing. Additionally, the plans were also reviewed by the City's Building Code Official and the Fire Marshal from the Bristol Kendall Fire District. They concluded that the proposed development meets all minimum standards for dwelling separation under the 2018 International Code Council (ICC) Code cycle, as well as other requirements outlined in the Building Planning section of the 2018 International Residential Code (IRC) code. However, certain design elements, if included, may necessitate the use of fire-retardant materials in the residential units and the installation of fire alarms and sprinklers for the commercial units, which will be assessed upon submission of individual building permits. PROPOSED MOTIONS: 1. Planned Unit Development (PUD) Amendment In consideration of testimony presented during a Public Hearing on November 13, 2024 and standards for Planned Unit Development Approval, the Planning and Zoning Commission recommends approval to the City Council of a request for an amendment to the Kendall Marketplace Planned Unit Development Agreement to develop Heartland Meadows West, a mixed-use project featuring twenty (20) single-family residential lots for an active adult community and four (4) commercial outlots with underlying zoning designations of R-2 Single- Family Traditional Residential District and B-3 General Retail District for an approximately 8.3 acre parcel located on the north side of Blackberry Shore Lane, between Northland Lane and Cannonball Trail, subject to the conditions enumerated in a staff memorandum dated November 5, 2024 and further subject to {insert any additional conditions of the Planning and Zoning Commission}… 2. Preliminary & Final PUD Plans The Planning and Zoning Commission recommends approval to the City Council of the Heartland Meadows West Preliminary Plat of Subdivision prepared by Dale Floyd Land Engineering and Heartland Meadows West Final PUD Plan prepared by Tebrugge Engineering and dated August 12, 2024 subject to review comments prepared by EEI, Inc. dated October 3, 2024, and further subject to {insert any additional conditions of the Planning and Zoning Commission}… Attachments: 1. Copy of Petitioner’s Application 2. Preliminary Plat of Subdivision of Heartland Meadows West (2 sheets) prepared by Dale Floyd Land Surveying 3. Final Plan (1 sheet) dated August 12, 2024 and prepared by Tebrugge Engineering 4. Civil Site Plan (1 sheet) dated August 12, 2024 and prepared by Tebrugge Engineering 5. Landscape Plan (1 sheet) dated August 12, 2024 and prepared by Tebrugge Engineering 6. Plan Council Packet Materials 10-10-24 12 7. EEI Review Letter to the City dated October 3, 2024 8. Kendall Marketplace Development Agreement (Ord. 2006-125) 9. Commercial Purchase and Sale Agreement dated January 23, 2024 10. Public Hearing Notice 1 I have reviewed the application for Planned Unit Development (PUD) Agreement Amendment to Ord. 2006-125, as amended, for Kendall Marketplace, as well as a Landscape Plan prepared by Tebrugge Engineering, Preliminary Plat of Subdivision & Final PUD Plan for Heartland Meadows West prepared by Tebrugge Engineering, received August 22, 2024 and September 12, 2024 as submitted by Daniel Kramer on behalf of Marker Inc., petitioner. The petitioner is seeking to amend the Kendall Marketplace Planned Unit Development (PUD) Agreement and is requesting approval for both a preliminary subdivision plat and the final PUD plan. The proposal is to develop Heartland Meadows West, a mixed-use project that includes twenty (20) single- family residential lots for an active adult community and four (4) commercial outlots. The proposed zoning designations are R-2 Single-Family Traditional Residential District for the residential area and B-3 General Retail District for the commercial area. Additionally, the petitioner is requesting a reduction in rear yard setbacks from 40 feet to 20 feet due to a 16-inch City water main running parallel to the northern parcel line. They are also asking for a reduction in interior and corner side yard setbacks from 10 feet and 30 feet, respectively, to 5 feet. The site, approximately 8.29 acres of vacant land, is located north of Blackberry Shore Lane, between Northland Lane and Cannonball Trail, within the Kendall Marketplace development. Based upon my review of the application documents and plans, I have compiled the following comments: GENERAL ZONING/PUD AMENDMENT COMMENTS: 1. ZONING – Per Ord. 2006-125, the Kendall Marketplace development, of which the subject parcel is located within, has a PUD zoning classification to allow for uses permitted within the B-3, R-2, and R-3 zoning districts. The following are the current immediate surrounding zoning and land uses: 2. PERMITTED USES – Per Table 10-3-12 (B) of the Yorkville Unified Development Ordinance (UDO), “single-family dwellings” are permitted land uses in the R-2 District. The B-3 District allows for a variety of commercial uses such as retail, service, entertainment, eating/drinking, medical, and vehicle related uses. Zoning Land Use North R-2 Single-Family Residence District Cannonball Estates Subdivision East R-3 (Kendall County) Single-Family Residential South Planned Unit Development (B-3) Kendall Marketplace (Home Depot) West Planned Unit Development (R-3) Kendall Marketplace (Baseball Field) Kendall Market Place (Townes of Kendall Marketplace) Memorandum To: Plan Council From: Krysti Barksdale-Noble, Community Development Director Date: September 30,2024 Subject: PZC 2024-21 Heartland Meadows West (Kendall Marketplace) Proposed PUD Amendment and Preliminary & Final PUD Plan 2 3. LAND USE - Per Article II of the Development Agreement (Ord. 2006-125) for Kendall Marketplace, “[t]he development of the property shall be generally pursuant to the Conceptual Plans attached hereto and incorporated herein as Exhibit “B” as illustrated below: a. The approved land use for subject parcel was designated for a civic use. The proposed residential and commercial uses require an amendment to the approved planned unit development. 4. AMENDMENTS TO APPROVED PUD – Section 10-8-8G of City’s Unified Development Ordinance (UDO) establishes criteria for major and minor planned unit development amendments. It is the finding of the Zoning Administrator that the request is deemed a major amendment to the approved Kendall Marketplace PUD based upon the (a) increased density and (b) modification in the proportion of housing types. a. The breakdown of change in approved land uses within the Kendall Marketplace PUD is provided in the table below: APPROVED PUD PLAN (Acres) PROPOSED PUD AMENDMENT (Acres) % CHANGE Residential 47.26 3.33 +7% Commercial 105.33 3.39 +3.3% Detention 21.90 0 - Park 4.40 0 - Civic 8.35 0 - Open Space 3.28 0 - Dedicated R.O.W. 1.58 1.57 +99% TOTAL AREA 192.1 8.29 3 5. DESIGN STANDARDS – Per Article III of the Development Agreement (Ord. 2006-125) for Kendall Marketplace, there are special provisions for design standards in addition to the City’s Appearance Code, as explained below: a. Residential – Single-Family Detached Residential Units must incorporate: i. Masonry products on the front façade of 75% of the total units. ii. A minimum of 75% of the front façade of each building shall have masonry products. A 10% reduction will be given for each major architectural feature on the front façade. iii. A minimum of 50% of each building elevations shall incorporate premium siding material. iv. Primary structures shall be constructed upon either a basement or foundation – slab construction shall not be used. v. Is the petitioner seeking to revise these standards for this portion of the development? If so, how? Will elevations be provided for approval? vi. Anti-monotony regulations provided in Section 10-7-8 of the Unified Development Ordinance shall also apply. b. Commercial – Commercial Design Standards are subject to: i. All guidelines” within the Appearance Code section for Non-residential building design for unbuilt sites for commercial, office and institutional uses, per section 10-5-8 of the Unified Development Ordinance. ii. This requires masonry products or precast concrete shall be incorporated on at least fifty (50) percent of the total building, as broken down as follows: The front facade shall itself incorporate masonry products or precast concrete on at least fifty (50) percent of the facade. Any other facade that abuts a street shall incorporate masonry products. The use of masonry products or precast concrete is encouraged on the remaining facades. iii. All commercial, office and institutional buildings shall consist of solid and durable facade materials and be compatible with the character and scale of the surrounding area. iv. Masonry products shall not be painted. v. Is the petitioner seeking to revise these standards for this portion of the development? If so, how? Will elevations be provided for approval? 6. PERMIT FEES - Per “Exhibit D” and “ Exhibit E” of the Development Agreement (Ord. 2006-125) for Kendall Marketplace includes residential and commercial permit fees (see attached). a. Is the petitioner seeking to revise any of these permit fees? b. Water and sanitary connection fees for residential and commercial land uses are adjusted per the Commercial Purchase and Sales Agreement dated January 23, 2024 (see comment #8d). c. School Transition Fees – The developer will provide written evidence to the City in the form of an executed resolution from the Yorkville Community School District #115 that the School Transition Fee shall be waived on all single-family residences within the proposed development due to it being an age restricted 4 community in conformity with the US Housing and Urban Development standards. 7. HOA – Is the developer proposing to create an HOA since no common or open space is proposed? 8. DEED RESTRICTION – The development shall be constructed and operated as an age- targeted community with occupancy of the housing units restricted to at least one (1) principal resident who is 55 years of age or greater which shall not be modified for a period of twenty-five (25) years from approval of the Final Planned Unit Development plan. 9. PUD MODIFICATION STANDARDS - PUDs are allowed to modify standards of the base district as long as the requested modifications are specifically identified and demonstrates how each allowance is compatible with surrounding development, is necessary for proper development of the site, and is aligned with at least one (1) modification standard found in Section 10-8-8D of the UDO. a. The petitioner has not identified at least one (1) modification standard the proposed PUD will meet per Section 10-8-8D. i. Staff believes modification standard #7 “Age-Targeted Development” applies, as the proposed development will include residential dwelling units, amenities, and design characteristics intended to accommodate the lifestyles and needs of senior citizens. b. Petitioner shall provide written responses to the following standards for special use and for Planned Unit Development (PUD) which will be entered into the record during the public hearing process: i. Plan and Policy Alignment. The Planned Unit Development is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City. ii. Integrated Design with Identifiable Centers and Edges. The Planned Unit Development shall be laid out and developed as a unit in accordance with an integrated overall design, in which the various land uses function as a cohesive whole and support one another. The design shall provide identifiable centers, which form focus areas of activity in the development, and edges, which define the outer borders of the development, through the harmonious grouping of buildings, uses, facilities, public gathering spaces, and open space. iii. Public Welfare. The Planned Unit Development is designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare. iv. Compatibility with Adjacent Land Uses. The Planned Unit Development includes uses which are generally compatible and consistent with the uses of adjacent parcels. If the uses are not generally compatible, all adverse impacts have been mitigated through screening, landscaping, public open space, and other buffering features that protect uses within the development and surrounding properties. v. Impact on Public Facilities and Resources. The Planned Unit Development is designed so that adequate utilities, road access, stormwater management, and other necessary facilities will be provided to serve it. The Planned Unit Development shall include such impact fees as may be reasonably 5 determined by the City Council. These required impact fees shall be calculated in reasonable proportion to the impact of the Planned Unit Development on public facilities and infrastructure. vi. Archaeological, Historical or Cultural Impact. The Planned Unit Development does not substantially adversely impact an archaeological, historical, or cultural resource, included on the local, state, or federal register, located on or off the parcel(s) proposed for development. COMMERCIAL PURCHASE & SALE AGREEMENT 10. Per the Commercial Purchase and Sales Agreement executed on January 23,2024 between the United City of Yorkville (“Seller”) and Heartland Meadows, LLC (“Purchaser”), petitioner, the following provisions apply: a. The agreement included a “Feasibility Period” and “Platting/Entitlement Period”. The feasibility review deadline was June 23rd making the deadline to submit a petition for entitlement approval by July 23rd. Per the agreement, the purchaser has until January 23, 2025 to obtain entitlements. b. The purchaser must create a business owner’s association in conjunction with the final plat approval providing for cross access easements among the four (4) commercial parking lot which are to be maintained by the Association in proportion to the parking area within the lot lines of each individual lot or combined lot. c. The commercial parcels shall be in substantial conformity with the UDO’s B-3 Zoning District or less intense zoning classifications under the B-1 and B-2 districts. d. The agreement permits the purchaser to lock in the water and sanitary sewer connection fees in effect as of December 1, 2023 for five (5) years following the date of the City Council approval of the Final Plat of the subject property. i. The rate of the water connection for single-family detached residential lots on December 1, 2023 was $5,554; the sanitary sewer connection rate was $2,000. ii. The rate of the water connection for commercial lots on December 1, 2023 is determined on meter size; the sanitary sewer connection rate was $400 per number of drain units. iii. Attached is a sample fee sheet based upon the previously approved PUD agreement and the Commercial Purchase and Sale Agreement. e. The residential lots shall have covenants limited to a 55 year and older active adult community. The lot sizes will conform to bulk, at least to the minimum lot size and setback requirements, used by the purchaser developed for the Heartland Meadows subdivision (see comment #9). f. Signage may be installed on the property at the close of the Feasibility Period provided that any signage shall conform to the UDO regulations. SITE PLAN/FINAL PLAN COMMENTS: 11. R-2 SINGLE-FAMILY TRADITIONAL RESIDENCE BULK REGULATIONS – Per the Table 10-3-9(A) Bulk and Dimensional Standards, the following compares current R-2 Single-Family Traditional Residence District standards with the proposed Planned Unit Development (PUD) for the residential lots: 6 R-2 Zoning Regulations Approved Heartland Meadows Proposed Heartland Meadows West Min. Lot Area 12,000 sq. ft. 5,000 sq. ft 5,000 sq. ft1 Min. Lot Width 80 feet 50 feet Undetermined Front Yard Setback 30 feet 25 feet 25 feet Rear Yard Setback 40 feet 20 feet 20 feet Side Yard Setback 10 feet 5 feet 5 feet Corner Yard Setback 30 feet 10 feet 10 feet Max. Lot Coverage 45% 22.5% (Entire Development) Max. 65% (Individual Lots) Undetermined Max. Dwelling Height 30 feet 1 story 1 story a. The proposed PUD does not meet the minimum lot area requirement of 12,000 sq. ft. for the R-2 district. Is the petitioner seeking to add a request for deviation to this standard in the PUD Agreement Amendment? b. The proposed PUD does not meet the minimum lot width requirement of 80 ft. for the R-2 district. Is the petitioner seeking to add a request for deviation to this standard in the PUD Agreement Amendment? If so, please provide lot width, measured at the building setback line, for Lots #7, #8, #9, #19 and #20, so that staff may determine the minimum lot width deviation requested. c. Does the petitioner believe the maximum 45% lot coverage for the R-2 District can be met for this development or is a deviation requested for the PUD? 12. B-3 BULK REGULATIONS – Per the Table 10-3-9(A) Bulk and Dimensional Standards, the following compares current B-3 General Business District standards with the proposed Planned Unit Development (PUD) for the commercial lots: B-3 Zoning Regulations Proposed Heartland Meadows West Min. Lot Area 10,000 sq. ft. ~31,700 sq. ft 2 Front Yard Setback 50 feet 18 feet Rear Yard Setback 20 feet 20 feet Side Yard Setback 20 feet Undetermined Corner Yard Setback 30 feet 30 feet Max. Lot Coverage 80% Undetermined Max. Building Height 80 feet Undetermined a. The proposed PUD does not meet the minimum front yard setback requirement of 50 ft. (assuming Blackberry Shore Lane is the front yard) for the B-3 district. Is the petitioner seeking to add a request for deviation to this standard in the PUD Agreement Amendment? b. For the bulk requirements listed as undetermined, staff asks the petitioner to verify they will or will not meet this standard. 1 Proposed minimum lot area is 5,851 sq. ft. Proposed maximum lot area is 9,220 sq. ft. Proposed average lot area is 7,241 sq. ft. 2 Proposed min. lot area is 31,725 sq. ft. Proposed max. lot area is 44,976 sq. ft. Proposed average lot area is 44,983 sq. ft. 7 13. ACCESS – As proposed, the site has three (3) points of access. Two (2) off of Blackberry Shore Lane for the commercial lots and one (1) off of Northland Lane for the residential lots. The access points off of Blackberry Shore Lane leads to off-street parking lots for the commercial uses. The access off of Northland Lane leads to an unnamed future public roadway ending into two (2) cul-de-sacs. a. Connectivity – It appears the proposed two (2) access points along Blackberry Shore Lane line up with the existing access points to Home Depot in the Kendall Marketplace development to the south. i. It is also noted that there are two (2) access points located at the rear of the commercial lots that connect to the future public roadway. These access points will be used by service vehicles (such as garbage trucks, delivery vehicles, and emergency services). There is no direct through-access from the commercial parking lots to the future public roadway serving the residential parcels. b. Cross Access/Shared Parking – According to Section 10-5-1-F of the Unified Development Ordinance, developments are encouraged to provide cross access between adjacent properties to reduce the number of access points on streets, promote shared parking, and allow vehicular movement between different land uses. Since the proposed commercial lots meet the criteria for shared parking, the developer is required to include cross access easements for the commercial parcels in the Final Plat of Subdivision. 14. PARKING - According to the Preliminary PUD Plan submitted, there are 132 total parking spaces to be provided on the property to accommodate the proposed four (4) commercial outlots as distributed by lot below: LOT # # of Parking Spaces Provided 21 33 22 27 23 26 24 46 TOTAL 132 a. Per Table 10-5-1(H)(5) Minimum Parking Requirements of the Yorkville Unified Development Ordinance, staff would classify the lots, for the purposes of off-site parking, as commercial retail/service uses less than 8,000 sq. ft., which requires a minimum of 0.3 parking spaces per 1,000 sq. ft. of net floor area (NFA). While there is no specific information provided as to the individual proposed buildings, certain allowed reductions to the required parking may be available once final use type is determined. i. A typical parking stall dimension should be provided on Final Plan. b. Additionally, per Section 10-5-1K-1 of the Unified Development Ordinance, the developer must install the infrastructure to accommodate a minimum of three (3) electric vehicle charging stations is required. 8 c. Off-Street Loading – Per Section 10-5-1-Q of the Unified Development Ordinance, the number of off-street shall be determined on a case-by-case basis, and in the instance of special uses (planned unit developments), loading berths adequate number and size to serve such use, as determined by the Zoning Administrators, shall be provided. What is the petitioner requesting as a minimum number of off-street loading space for the commercial buildings on the site? 15. PEDESTRIAN CIRCULATION – Per Section 10-5-1-N Pedestrian Circulation Standards of the Unified Development Ordinance required off-street parking areas to on-site pedestrian circulation systems and connection to existing and future planned trails. The site has an existing 10’ wide multi-use pedestrian/walking trail along Blackberry Shore Lane and sidewalk installed along the frontage of Northland Lane. a. Is the petitioner proposing to install sidewalk along Cannonball Trail? 16. DOUBLE FRONTAGE LOTS – Section 10-7-2-D of the Unified Development Ordinance states double frontage and reverse frontage lots shall be avoided, except where necessary to overcome disadvantages of topography and orientation, and where a limited access highway, railroad right-of-way, major street, or similar situation exists. a. However, double frontage lots are permitted when adjoining a local or collector road and providing Type C Transition Yard landscaping (see comments under Landscape Plan). 17. STREET DESIGN – Per Section 10-7-5-A of the Unified Development Ordinance, cul-de- sacs shall not exceed five hundred (500) feet in length, measured from the entrance to the center of the turn-around. a. The proposed primary cul-de-sac street length is approximately 500 feet, as measured by staff. The petitioner must verify or request deviation from this requirement. The secondary cul-de-sac street length is approximately 200 feet. b. Islands in the center of cul-de-sacs with a minimum radius of fifteen (15) feet shall be required. Islands shall use mountable curbing only that allows vehicular access to the islands. Islands may be planted with vegetation, however, such vegetation shall not exceed four (4) feet at maturity to allow for vision clearance across the cul-de-sac’s diameter. i. The radius of the primary cul-de-sac is 60’, the petitioner must acknowledge if an island is proposed for the primary cul-de-sac or if a deviation is requested. c. Local Residential Street Design shall have a minimum right-of-way width of 66’ and provide the following elements on both sides of the street: sidewalk, parkway, and on-street parking. 18. COMPREHENSIVE PLAN – The 2016 Comprehensive Plan Update designates this property as “Parks and Open Space” which is defined typically for a broad range of recreational activity, trails, and green space. However, in some instances, the Comprehensive Plan acknowledges, that open space designation may be reserved until future market demand could support commercial development. Further, the Comprehensive Plan encourages development that meets the needs of the aging population in Yorkville. Additionally, the recently adopted “Elevating Aging-in- Community/Lifecycle Living in Yorkville – A Strategic Guide” recommended the city pursue appropriate and affordable housing to support older residents staying in Yorkville. 9 a. Therefore, staff supports the proposed PUD and its consistency with the proposed underlining residential and commercial land uses as they are consistent with the previously approved Kendall Marketplace Planned Unit Development. PRELIMINARY PLAT OF SUBDIVISION COMMENTS: 19. PRELIMINARY PLAN APPROVAL – Per Section 10-8-6. Subdivision Procedures of the Unified Development Ordinance, approval of the Preliminary Plan is tentative only and shall be effective for a period of twelve (12) months. However, Section 10-8-8-H of the Unified Development Ordinance Expiration and Lapse of Approval states, any Planned Unit Development in which there has been no Building Permit issued nor any portion of the property platted after three (3) years since approval by the City Council, the Planned Unit Development shall be considered null and void and shall be brought back before the Planning and Zoning Commission and the City Council for consideration prior to any development on the property. The underlining zoning of the Planned Unit Development shall not expire, only the Planned Unit Development overlay shall expire. a. Therefore, staff interprets the expiration of the Preliminary PUD Plan is three (3) years after approval of the Planned Unit Development if no portion of the property is final platted. 20. STREET NAME – Per Section 10-8-6-C-6-c-(10) of the Unified Development Ordinance, the name of each road or street in the plat shall be printed thereon, which name shall not duplicate the name of any other street, unless it is an extension thereof. a. Is the petitioner proposing a name for the future dedicated cul-de-sacs? LANDSCAPE PLAN COMMENTS: 21. LANDSCAPING – Section 10-5-3 establishes landscape standards for new developments. a. Per staff’s review, the following sections of the Landscape Plan would apply to the commercial lots: i. Section 10-5-3-C. Building Foundation Landscape Zone – Defer to engineer’s comments. ii. Section 10-5-3-D. Parking Area Perimeter Landscape Zone – Defer to engineer’s comments. iii. Section 10-5-3-E. Parking Area Interior Landscape Zone – Defer to engineer’s comments. iv. Section 10-5-3-F. Transition Zone Landscape Requirements - Transition zone landscape shall be required along interior side and rear property lines of all nonresidential, mixed use, and multi-family development. It is not expected that the transition area will totally screen such uses but rather will minimize land use conflicts and enhance aesthetics. 1. The rear of the double-frontage commercial lots shall provide a Type C Transition Yard along the primary cul-de-sac between the commercial and residential land uses as described below: 10 Type A (3) Type B (3) Type C (3) Type D (3) (a)Minimum Zone Width (1)8 feet 10 feet 15 feet 20 feet (b)Minimum Fence/Wall Height (2)optional optional 6 feet 6 feet (c)Understory Tree optional 3 4 5 (d)Canopy/Evergreen Tree 4 3 4 5 (e)Shurbs/Native Grasses optional 15 25 35 (3) Landscaping elements can be arranged to match to natural topography or natural features of the site and may be arranged in groupings to enhance site aesthetics as approved by the Zoning Administrator. (2) Fence or wall requirements may be satisfied by a solid evergreen hedge with a maximum height of six (6) feet, as approved by the Zoning Administrator. Table 10-5-3(F)(3) Transition Zone Types Specification Minimum Number of Landscape Elements per 100 Linear Feet Notes: (1) Required yard setbacks may be utilized for transition zone landscape. b. Per staff’s review, the following sections of the Landscape Plan would apply to the residential lots: i. According to Section 10-7-3-B-4-c of the Unified Development Ordinance, a minimum of one (1) canopy tree shall be planted per every 40 linear feet of parkway. ii. Parkway Trees – Section 10-7-3-B-4-c-1 of the Unified Development Ordinance allows for the substitution of up to 25 percent of the street trees to be planted on private property within the subdivision as long as the following is met: 1. The trees are located on the private property within the same subdivision as the parkway trees they will be substituted for. 2. Trees located within front yard of lot 3. The trees provided on the private property are provided in addition to any other landscape requirements. 4. The trees shall meet the planting specifications of Section 10-5-3-A of the Unified Development Ordinance. 5. The trees shall enhance the visual quality of the neighborhood and achieve the same visual effects as trees planted in parkways as 11 proposed by the developer and approved by the Zoning Administrator. iii. Developer shall provide the percentage of parkway trees proposed to be planted on private property for the residential lots. If amount exceeds 25%, a deviation in the PUD is required. 22. SIGNAGE – The petitioner has not provided a signage plan for the Heartland Meadows West development. a. Are monument signs proposed on the commercial and residential lots? i. If so, will they meet Chapter 6 – Sign Standards of the Unified Development Ordinance or will a deviation be needed? ii. Staff recommends a sign sample be presented for the commercial multi- tenant monument signs. Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Date: September 9, 2024 To: Krysti Barksdale-Noble (Community Development Director) From: James Jensen (Chief of Police) Reference: Plan Review: PZC 2024-21 List Project Name: Heartland Meadows West List Applicant Name: Greg Marker List Project Manager: Greg Marker List Project Location: 721 Blackberry Shore Lane, Yorkville, IL Please see comments listed below pertaining to the project referenced above: Signage Handicapped Signage Required: __X__ Yes ____ No **Signage must meet MUTCD Standards **Fine amount must be listed on sign Speed Limit Signage Required/Recommended __X__ Yes ____ No School Zone Special Signage ____ Yes ____ No Special Speed Zone Signage Requested ____ Yes ____ No Comments: Properly posted speed limit signs should be placed on Northland Lane and Blackberry Shore Lane, along with interior roadways of the development No Parking Signage Required? __X__ Yes ____ No __X__ No Parking After 2” Snow Fall No Parking Locations: Current no parking signs are posted along Northland and Blackberry Shore. These no parking zones should remain the same. Dedicated parking signage needed? ____ Yes __X__ No __X__ Located by Park – This development is located next to a park. Parking is allowed on the park side of the street and already posted. ____ School Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 ____ Common Parking Area Are there Street Name Conflicts? ____ Yes __X__ No Comments: Pedestrian/Bike Path Crossing Signage? __X__ Yes ____ No Comments: Proper signage should be included if a bike path will be added to the development. NO Construction Traffic Signage being requested? __X__ Yes ____ No Location: Construction traffic should be kept only to Northland Lane (entrance to development) and Blackberry Shore Lane. Construction traffic should not go into the subdivision. ***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 MUTCD Standards specific to location, size, color, and height levels*** Roadway Street Width: If parking is allowed on both sides of the roadway there needs to be room for vehicular traffic. Should parking be allowed on BOTH sides of road? ____ Yes ____ No Should parking be restricted to fire hydrant side? ____ Yes ____ No Center Roadway Medians: ____ Yes ____ No Limit Parking on Median? ____ Yes ____ No Signage Needed? ____ Yes ____ No Room for Emergency Veh. w/ one lane Obstructed? ____ Yes ____ No Do you have intersection Concerns? __X__ Yes ____ No Comments: Northland Lane can be very busy when there are games being played at the ball fields. Careful attention should be paid to signage and landscaping for site line issues. Landscape Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Low Growth or Ground Cover Landscaping? ____ Yes ____ No Low Growth or Ground Cover Landscaping by windows? ____ Yes ____ No Low Growth or Ground Cover Landscaping by Entrances __X_ Yes ____ No ***Landscaping located near the entrance/exits should include ONLY low growth or ground cover so as to not obstruct site lines*** Ingress / Egress Entrance/Exits match up with adjacent driveways? ____ Yes __X__ No Total Entrance/Exits for development? __3__ Are vehicle entrance/exits safe? ____ Yes ____ No Are warning signs for cross traffic requested? __X_ Yes ____ No Raised Median & Signage for Right in & Right Out? ____ Yes __X__ No Concerns: __________________________________________________________ Emergency Contact for after hours during construction: __________________________ __________________________ Is this a gated or controlled access development? ____ Yes __X__ No If yes, will police & Fire and Access? ____ Yes ____ No Miscellaneous Individual Mailboxes? ____ Yes __X__ No Cluster Mailbox Kiosks? __X__ Yes ____ No Will this cause traffic choke points? __X__ Yes ____ No Comments: Will there be individual, or cluster mailbox kiosks being used? If they will be using cluster mailbox kiosks they should be placed so as not to disrupt the flow of traffic. Are sidewalks being planned for the development? __X__ Yes ____ No Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Are sidewalk crosswalks needed? __X__ Yes ____ No Are there bike paths planned for the subdivision? ____ Yes __X__ No Proper Signage needed for bike paths __X__ Yes ____ No _X_ Stop Signs ____ Yield Signs _X_ NO Motorized Vehicles ____ Trespassing ____ Other _______________________________________ Are there HOA Controlled Roadway OR Parking Areas? __X__ Yes ____ No Comments: This is an age restricted HOA. City is responsible for roadways. Who is responsible for re-surfacing and re-striping? This is an age restricted HOA. All streets are maintained and plowed by the City of Yorkville. Security Will security cameras be in use? ____ Yes __X__ No Comments: Cameras can be installed by individual owners. Will the business/management provide the police department remote access to the camera system (User credentials only)? ____ Yes ____ No Comments: What are the business Hours of Operation? ____________________ Will the property be alarmed? ____ Yes ____ No Comments: Will you provide Floor Plans/Maps to the police department ____ Yes ____ No Comments: Will building floor plans be made available in case of an emergency for law enforcement use? Will a Knox Box be placed on Site? ____ Yes ____ No Location of Knox Box: Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 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. Dated: December 8, 2023 STATE OF ILLINOIS COUNTY OF KENDALL ) COMMERCIAL PURCHASE AND SALE AGREEMENT THIS COMMERCIAL PURCHASE AND SALE AGREEMENT (this "Agreement") is entered into this a3"'d day of Ja hU q n 4 2024 (the "Effective Date"), which shall be the date the last party executes this Agreement), by and between THE UNITED CITY OF YORKVILLE, ("SELLER") and HEARTLAND MEADOWS, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY or Its Assignee to an Authorized Legal Entity to be created by PURCHASER ("PURCHASER"). SELLER and PURCHASER are sometimes collectively referred to as the "Parties." RECITALS : A. SELLER is the owner of certain real property located in the United City of Yorkville, Sections 17 and 20 of Bristol Township ( "Township"), Kendall County, Illinois,.as depicted in the attached legal description as Exhibit "A" approximately Eight Point Three 8.3)gross surveyed acres more or less of real property and identified as PIN:_02-20-351-006 as more accurately described in the legal description to be provided by survey and to be attached hereto as Exhibit "B" upon Agreement of SELLER'S and PURCHASER'S Counsel. The parcel of Real Property being sold herein is referred to as the "Subject Parcel" SELLER has agreed to sell that portion of the Subject Parcel exclusive of the trail along the southern border of the Subject Parcel, the remaining portion of the Subject Parcel hereinafter referred to as the"Subject Property" as depicted in the attached Heartland Meadows West Conceptual Site Plas as set out in the attached Exhibit "C" incorporated herein by reference to PURCHASER for the sum of Four Hundred Five Thousand Dollars ($405,000.00)the"Purchase Price". THEREFORE, in consideration of the mutual covenants and the undertakings described in this Agreement, and other good and valuable consideration, the receipt and adequacy thereof being expressly acknowledged, the Parties agree as follows: 1.Amement to Sell. SELLER agrees to sell, transfer and convey the Subject Property as set forth in paragraphs A and B above in exchange for the Purchase Price at Closing is set forth in paragraphs A and B above hereof and shall be paid at the Closing in wired funds. Initials 1 2. Earnest Money Deposit. On or prior to the seventh (7'h) business day after the Effective Date, PURCHASER shall make a deposit in the form of Cashier's check from PURCHASER, in the amount of Twenty Five Thousand Dollars ($25,000.00) ("Earnest Money Deposit") to Chicago Title Company, Yorkville, Illinois office ("Title Insurer"), which shall be held in Strict Joint Order ("SJO") escrow by the Title Insurer. Upon expiration of the Platting/Entitlement Period (defined in Section 8 ), provided PURCHASER has not terminated this Agreement as permitted herein, and Seller has not otherwise defaulted and failed to cure its default,the Earnest Money Deposit shall become non-refundable and applicable as a credit against the Purchase Price. 3. (a) Due Diligence Materials. Within Fourteen (14) Business days from the Effective Date, SELLER shall, at SELLER's expense, provide PURCHASER a copy of all documents relating to the Subject Property that are in the possession of SELLER, its agents, attorney and consultants including, but not limited to, any reports, investigations, studies, plans or documents pertaining to the Subject Property in SELLER's possession (the "Due Diligence Period"). b) Site Access. PURCHASER shall be granted reasonable access to the Subject Property during the term of the Agreement to obtain soil tests, engineering studies, environmental (hazardous waste) study, and archeological study. Copies of all reports shall be provided to SELLER within Thirty(30)business days of receipt by PURCHASER of each report. Prior to entry of PURCHASER or its agents, employees, or subcontractors on the Subject Property, PURCHASER shall provide SELLER or SELLER's Attorney a Certificate of Insurance for at least One Million Dollar 1,000,000.00) Liability Insurance naming SELLER as a party insured for Liability purposes in regard to any onsite testing or investigations. 4.Evidence of Title. Within Fourteen (14) Business days from the Effective Date, SELLER shall deliver to PURCHASER a commitment for a Chicago Title ALTA Owner's Title Insurance Policy ( "Commitment"), issued by the Title Insurer in an amount equal to the Purchase Price, naming PURCHASER as the proposed insured and identifying the condition of title to the Subject Property, together with legible copies of all the instruments and documents referenced in the Commitment and all Schedule B documents and including but not limited to all easements which are appurtenant to or burden the Subject Property. 5.Survey. SELLER shall provide PURCHASER with a Current ALTA Extended Coverage Survey within 30 business days of SELER'S written acceptance of this Agreement. The ALTA Survey to be made in accordance and in compliance with the most current ALTA/ ASCM Urban Land Survey Standards and containing Table A Option Numbers 1,2,3,4,6, 7(a), 7(b), 7(c), 8, 9, 10, 11, 11(a), 1 I(b), 13, 14, 15 and 16 ("New Survey"). The New Survey shall be sufficient to cause the Title Company to delete the standard printed survey exception and to issue an owner's title policy free from any survey objections other than the Permitted Exceptions. The certification on the Survey shall run to the benefit of the PURCHASER,Title Company,PURCHASER's Lender and SELLER. 6.Permitted Exceptions. PURCHASER shall have twenty-one days (21) from receipt of the ALTA Survey and the Commitment, including all Schedule documents referenced I Initials 2 therein("Title Review Period")to review the Survey,the Commitment and all instruments and documents referenced in the Commitment.Permitted Exceptions shall include a limitation on the permitted commercial uses of any portion of the Subject Property as mutually agreed by the Seller and Purchaser and a covenant permitting use of the area of the Subject Property designated for parking for activities in the adjoining park area so long as such use does not interfere with the hours of operation of any business located at the Subject Property. Prior to expiration of the Title Review Period,PURCHASER or PURCHASER's attorney may deliver to SELLER a written objection as to item(s)identified(or which the Title Insurer or surveyor failed to identify) in the Commitment("PURCHASER's Objection Letter "), SELLER shall have five (5) days from its receipt of PURCHASER's Objection Letter to notify PURCHASER by written notice( "SELLER Objection Response ") as to whether or not SELLER has elected either (i) to cure any title defects or unpermitted exceptions identified in PURCHASER's Title Notice,or(ii)to cause the Title Insurer to insure the title defects or unpermitted exceptions identified in PURCHASER's Objection Letter in a manner satisfactory to PURCHASER. Any items not raised in PURCHASER's Objection Letter shall be deemed Permitted Exceptions."If Seller elects,not to cure any matter objected to in the PURCHASER's Objection Letter,then PURCHASER shall have five(5)business days thereafter to notify SELLER by written notice an "PURCHASER's Title Waiver Notice")as to whether PURCHASER has elected either(i)to waive its objection or objections to the matter or matters not being cured by SELLER, without reduction of the Purchase Price,or(ii)to terminate this Agreement,in which event the Initial Deposit(which has not yet been applied as no closing shall have occurred)shall be promptly returned to PURCHASER. If PURCHASER fails to deliver PURCHASER's Title Waiver Notice,such failure shall be deemed a waiver of such objections and such exceptions shall become Permitted Exceptions. 7.Feasibility Period PURCHASER may terminate this Agreement without fault if it is unable to obtain Zoning, Preliminary Platting approval, and Final Plat Approval within the Platting/Entitlement Period granted herein under Paragraph 3-8 of this Agreement. In the event PURCHASER is able to obtain Zoning and Final Plat Approval granting Entitlements by the United City of Yorkville in order to allow development of the Subject Property in substantial conformity with the Conceptual Site Plan of PURCHASER, incorporated herein as Exhibit "C" as requested for the Subject Property, PURCHASER shall be irrevocably required to purchase the Subject Property. PURCHASER shall use its best efforts to seek approval of its entitlement requests with the United City of Yorkville.Commencing on the Effective Date through the date five (5) months after the Effective Date ("Feasibility Period") the PURCHASER shall be entitled to satisfy itself in its sole discretion, that the Property may be used for PURCHASER's intended purpose,including without limitation, PURCHASER's right to reasonable access to the Property for the purpose of inspecting the physical condition of the Property and obtaining all required third party zoning, Preliminary and Final Platting approval and governmental permits and approvals from any applicable governmental body including but not limited to the United City of Yorkville,Yorkville School District,County of Kendall Stormwater Department,Bristol-Kendall Fire Department,and Illinois EPA. 8.Platting/Entitlement Period. PURCHASER shall file a Petition for Zoning& Site Plan Approval of Preliminary Engineering and a Preliminary Plat, solely at PURCHASER's expense, within thirty(30)days after the expiration of the FeasibilityPeriod,then PURCHASER shall thereafter have one hundred eighty (180) days (the "Platting/Entitlement Period") to obtain approval of Zoning, Final Engineering and a Final Plat of Subdivision from the United City of Yorkville for development of the Subject Property with the following conditions: Initials 60 / 3 A. That the Site Plan shall permit the development of up to 4 separate lots for commercial purposes as set out in the attached Exhibit "C". The individual parking lots to be maintained by the Association of the 4 lots in proportion to the parking area within the lot lines of each individual, or combined lot. To conform to that request,PURCHASER shall create a Business Owner's Association in conjunction with Final Plat Approval providing for Cross Access Easements to each of the commercial areas, and cross parking agreements for the benefit of the 4 commercial lots. B. That the Zoning Class attributable to the commercial area shall be in substantial conformity with the United City of Yorkville B-3 Zoning District in order to permit building of office buildings, restaurants, or any other permitted or Special Use within the B-3 Zoning Classification or the less intense zoning classifications under the United City of Yorkville Unified Development Ordinance for 13-1 and B-2 purposes. The parties hereto acknowledge that the original Subdivision was planned and engineered for development with substantially the same lot coverage proposed in Exhibit "C" and that no additional detention or retention requirements other than connecting to current out lot storm ponds and current storm sewer installation to which the United City of Yorkville can grant access to Purchaser shall be required for development of the commercial or residential proposed on Exhibit "C"hereto. C. The parties agree that the City shall lock current existing City water and sanitary sewer connection tap on fees as are in effect as of December 1, 2023 for five (5) years following the date of City Council approval of the final plat of the Subject Property as outlined in Exhibit "C". D. That the residential proposed lots in the attached Exhibit "C" will be governed by Covenants and a Planned Unit Development Agreement limited to a 55 year and older active adult community. The lot sizes will conform at least to the minimum lot size and setback requirements that PURCHASER has used in a related Development that has been partially built out in the United City of Yorkville and known as Heartland Meadows. PURCHASER may terminate this Agreement if it is unable to obtain Zoning Approvals within the Platting/Entitlement Period, by providing SELLER with written notice of termination on or before the expiration of the Platting/Entitlement Period, in which event the Earnest Money shall be released to PURCHASER and the parties shall have no further rights or obligations under this Agreement, with the exception of any surviving obligations of either party hereunder this Agreement, including but not limited to PURCHASER's restoration and indemnity obligations, which shall survive. If PURCHASER does not provide SELLER with written notice of termination on or before the expiration of the Feasibility Period. If PURCHASER is satisfied with the Subject Property, it will deliver its Notice of Suitability ("NOS")prior to the expiration of the Feasibility Period. Initials 4 PURCHASER will also have the Platting Entitlement Period to commence and pursue all approvals from the United City of Yorkville and any other applicable authorities which are necessary to construct PURCHASER's intended improvements. PURCHASER's obligation to purchase the land is contingent upon receiving Final Site Plan/Final Plat approval from the United City of Yorkville along with zoning approvals including, without limitation, rezoning and/or re-platting of the Subject Property (if necessary), site plan approvals, fee verification, public financing assistance including, without limitation, department of transportation approvals, and applicable wetland/floodplain authority approvals. In the event that PURCHASER does not proceed with the purchase of either parcel, PURCHASER shall tender to SELLER at no cost all surveys,topography, environmental studies,drawings,evaluations of any kind and government agency reports of any kind obtained by PURCHASER during the Feasibility Period or platting entitlement period other than proprietary financial information at no cost. Closing to occur within ninety (90) days after receipt of the final site plan approval, Final Engineering and Final Plat approval. 9. Conditions to Closing.Without limiting any of the other conditions to the Closing, the obligations of PURCHASER at closing under this Agreement is subject to the satisfaction of the following conditions ("Closing Conditions") as of the Closing Date any of which may be waived by PURCHASER: A. All of the representations and warranties made by SELLER set forth in this Agreement shall be true and correct in all material respects when made. SELLER shall recertify its representations and warranties as of each Closing Date. B. SELLER shall have performed,observed and complied in all material respects with all covenants and agreements required by this Agreement to be performed by SELLER at or prior to such Closing including,without limitation,delivery of all of documents required to be delivered at Closing by SELLER. 10. Closing Deliveries. At Closing the Parties shall execute the following documents and take the following actions: A. Payment of Purchase Price. PURCHASER shall pay to SELLER the Purchase Price for the Subject Property plus or minus applicable adjustments and prorations under this Agreement. B. Warranty Deed. SELLER shall deliver to PURCHASER a fully executed and recordable warranty deed for the Property to be purchased at Closing, conveying title to the Subject Property, subject only to the Permitted Exceptions including items set forth in Paragraph 6, the applicable City Zoning Ordinance and encumbrances that have accrued due to the acts or omissions of PURCHASER. The warranty deed shall be accompanied by an Illinois real estate transfer tax valuation affidavit ("PTAX-203"), as the purchase price is not to be reflected on the warranty deed. SELLER shall be responsible for preparation of the PTAX-203, the accuracy of all information contained therein and any supplements thereto that may be required. SELLER shall indemnify, defend and hold harmless PURCHASER from and against any and all claims, liabilities, losses, causes of action, damages, costs or expenses including court costs and reasonable attorney fees incurred by PURCHASER as Initials 5 a result of any failure to pay or accurately report Illinois real estate transfer taxes due as a result of PURCHASER's purchase of the Subject Property. The Parties acknowledge that No Revenue Stamps shall be required to be obtained or paid for by either Party since a sale from a Governmental Entity is Exempt under Illinois Compiled Statutes 200/31-45(b). C. Non-Foreign Person Affidavit. SELLER shall furnish to PURCHASER with an affidavit stating that SELLER is not a "foreign person" within the meaning of IRC Section 1445(f) 3), as amended. D. Closing Statement. SELLER and PURCHASER shall execute a closing statement showing the Purchase Price for the real property being acquired at Closing together with all prorations, adjustments and credits, if any, as required under this Agreement. SELLER shall pay for the Owner's Policy. PURCHASER shall pay for recording of the deed and mortgage and the costs of any title endorsements requested by PURCHASER, including any lender's title policy. Title Company closing fees, including any escrow fee, shall be split evenly between the Parties. There is no municipal transfer tax to be paid at a Closing. E. Title Insurance Policy. SELLER shall order and pay for, and Chicago Title Insurance Company shall be prepared to issue, an owner's policy of title insurance subject only to the Permitted Exceptions in an amount equal to the Purchase Price (with extended coverage) with respect to the applicable Property to be purchased at Closing and provide to the Title Company such documents that may reasonably be requested by the Title Company to satisfy any of the Schedule B requirements applicable to SELLER. PURCHASER shall be responsible to pay the cost of any title company endorsements excluding extended coverage that PURCHASER requests or requires; or that are required by PURCHASER's Lender, if any. F. Affidavit of Title. The SELLER shall execute a standard "Affidavit of Title." G. certificate stating that no financing statements executed by or on behalf of Seller have been filed against the Premises since the date of the most recent UCC searches delivered by Seller to Buyer hereunder; H. evidence of any notices, reports or registrations received from or delivered to the Illinois State Fire Marshall under any regulations for Underground Storage Tanks and/or any other federal, state or local health and safety regulations; I. Further Assurances. The parties shall execute such additional documents and instruments and take such further actions as may be reasonably requested by either party or necessary to complete the purchase and sale of the real property at each Takedown in accordance with this Agreement. 11. Real Estate Tax Prorations . Real Estate taxes shall be prorated at 105% of the last year's tax bill if any. 12. Possession. At closing, SELLER shall deliver to PURCHASER exclusive physical possession of the real property that is acquired by PURCHASER, free and clear of any rights or claims of possession by SELLER or any third party. Initials 6(K / 6 13. Permits, Fees; Plans and Elevations: PURCHASER shall pay any zoning application fees, studies, or engineering drawings with regard to the development Property. PURCHASER shall hold SELLER harmless form payment for any fees or costs for entitlement and permitting matters with respect to the Subject Property which result from or are based on any such zoning or entitlement requests by or approvals obtained by Purchaser. SELLER hereby consents to the right of PURCHASER to file for any necessary Zoning/Platting/Review Requirements as a Contract Purchaser once SELLER executes its acceptance of this Contract in writing. 14. SELLER's Representations, Warranties and Covenants. SELLER represents, warrants and covenants to PURCHASER the following: A. Power and Capacity. SELLER has the full power, capacity and legal right to execute and deliver this Agreement and sell the Subject Property to PURCHASER pursuant to the terms of this Agreement. The execution, delivery and performance of this Agreement and the obligations undertaken by SELLER under this Agreement have been duly authorized by all necessary action, and this Agreement has been executed by a duly authorized representative of SELLER and constitutes a valid and binding obligation of SELLER, enforceable in accordance with its terms. At all times during the term of this Agreement, SELLER shall not transfer any portion of the Subject Property or grant or permit any easements, liens, mortgages encumbrances or other interests with respect to the Real property without PURCHASER's prior written consent. B. Contractual Obligations. The execution and delivery of this Agreement, and the performance by SELLER of any and all transactions contemplated by this Agreement, will not breach any contractual covenant or restriction between SELLER and any third-party affecting the real property. C. Condemnation Proceedings: Special Assessments. SELLER has neither received written notice nor has actual knowledge of any condemnation or eminent domain proceeding regarding any of the Subject Property and has not entered into any negotiations for the disposition of any of the Subject Property in lieu of the commencement of condemnation or eminent domain proceedings and,to SELLER's actual knowledge,without duty of inquiry,there are no proceedings pending before any governmental agency to impose a special assessment or other public authority charge against all or any of the Real property. D. Litigation. There is no pending or, to the best of SELLER's actual knowledge, threatened litigation, administrative action or examination, claim or demand relating to the Real property, or any pending or threatened exercise of the power of eminent domain, condemnation proceeding or other, governmental taking with respect to all or any part of the real property. No notice of default under laws, ordinances, rules and regulations of any governmental authority having jurisdiction over the real property, or any like agreement, has been issued or threatened to SELLER. E. Condition of the Property.PURCHASER acknowledges that the Subject Property is being purchased in an "AS IS" condition and SELLER is not making any representation as to the condition of the Property; except as previously stated herei Initials 7 F. Existing Due Diligence Materials. The Existing Due Diligence Materials are all of the surveys, plats, agreements, declarations, ordinances, soil reports, notices, environmental studies or other report prepared for SELLER that SELLER has in its possession or control. To the best of SELLER's knowledge, the Existing Due Diligence Materials are copies of the original documents in the SELLER's possession. G. Environmental. To the best of SELLER's knowledge, no hazardous substances are located on or have been stored,generated,used,processed or disposed of on or released or discharged from(including ground water contamination)the Real property or the Subject Property,and no above ground or underground storage tanks exist on or have been removed from, the Subject Property. Anything in this Agreement to the contrary notwithstanding, it is expressly understood and agreed that PURCHASER does not assume or agree to be responsible for, and SELLER hereby agrees to defend, indemnify and hold PURCHASER harmless from and against any and all claims,obligations and liabilities and all costs, expenses and attorney's fees incurred based upon or arising out of any obligation, liability, loss, damage or expense, of whatever kind or nature, contingent or otherwise, known or unknown, incurred under,or imposed by, any environmental laws with respect to a Subject Property prior to the Closing and the Subject Property. SELLER's obligation to indemnify PURCHASER with respect to environmental matters shall expressly survive termination of this Agreement in accordance with Section 24 of this Agreement. H. The Subject Property is currently tax exempt and no action has occurred to alter the tax exempt status. I. To the best of SELLER's knowledge and SELLER has received no Notices Ordinances or other notifications of any obligations in connection with the Subject Property or any so-called "recapture agreement" involving refund for sewer extension, over sizing utility lines, lighting, roadway or like expense or charge for work or services done upon or relating to the Subject Property which will bind PURCHASER or the Premises from and after the Closing Date. J. All United City of Yorkville Service Contracts,management contracts, and leases with respect to the Property shall be terminated at or prior to closing. 15. PURCHASER's Representations, Warranties and Covenants. PURCHASER represents, warrants and covenants to SELLER as follows: A. Due Organization. PURCHASER is a legal entity duly organized and in good standing under the laws of the State of Illinois. B. Power and Capacity. PURCHASER has the full power, capacity, authority and legal right to execute and deliver this Agreement and to perform its obligations under this Agreement. C. Due Authorization. This Agreement has been duly authorized, executed and delivered by PURCHASER and constitutes the legal, valid and binding obligation of Initials NA / 8 PURCHASER, enforceable in accordance with its terms. Prior to Closing, any and all documents required by this Agreement to be executed and delivered by PURCHASER shall have been duly authorized, executed and delivered by PURCHASER, and all such documents shall contain legal, valid and binding obligations of PURCHASER enforceable in accordance with their terms. 16. Signage. Signage mutually acceptable to SELLER and PURCHASER may be erected at PURCHASER's expense on the Subject Property. SELLER agrees to allow signage to be installed at the close of Feasibility Period provided that any such signage shall be in conformity with any applicable United City of Yorkville Unified Development Ordinance. 17. Real Estate Commission. The Parties hereto acknowledge that NO Real Estate Brokerage Commission or Property Manager payment is due to any Third Party that arises out of this transaction. 18. Condemnation. In the event that notice of any action, suit or proceeding shall be given for the purpose of condemning all or any portion of the Subject Property prior to the date such real property has been conveyed to PURCHASER, then PURCHASER's rights and obligations under this Agreement with respect to such real property shall terminate, and the proceeds resulting from the condemnation shall be paid to SELLER. 19. Default. A.PURCHASER Default. If PURCHASER fails to purchase the Subject Property according to the terms of this Agreement, the SELLER shall provide PURCHASER written notice of said default("SELLER Default Notice").PURCHASER shall have thirty(30)days from its receipt of the SELLER Default Notice ("Cure Period") to cure or to substantially commence a cure of the default(s) identified in the SELLER Default Notice. SELLER shall have the right to terminate this Agreement if PURCHASER fails to cure or substantially commence a cure of the default identified in the SELLER Default Notice during the Cure Period. In the event of the termination of this Agreement, SELLER shall retain the any earnest money being held by Title Insurer at the time of such respective default by PURCHASER. Retention of the earnest money shall be deemed liquidated damages as SELLER'S sole and exclusive remedy that Parties agree that the damages suffered by SELLER would be speculative and difficult to ascertain and not a penalty, and the Parties shall have no further rights or obligations under this Agreement, with the exception of obligations which expressly survive termination. B.SELLER Default. If SELLER defaults in the performance of its obligations under this Agreement, and such default is not cured or SELLER has not substantially commenced a cure within thirty(30)days from SELLER's receipt of written notice from PURCHASER, PURCHASER may at Its discretion either (i) terminate this Agreement by written notice to SELLER, in which event the Earnest Money shall be returned to PURCHASER; or commence an action under Illinois law to specifically enforce this Agreement Thereafter neither party shall have any further claims or obligations hereunder, except such obligations as are herein expressly made to survive such termination; or(ii) seek specific performance of this Agreement. 20. No Joint Venture. (a) Neither Party is the agent,partner or joint venture partner of the other; neither Party has any obligation to the other except as pecified in this Agreement. Initials 1 9 21. Non-Waiver. The failure of either Party to complain of any act or omission on the part of the other Party, no matter how long it may continue, shall not be deemed to be a waiver by any Party to any of its rights hereunder except as expressly provided for in this Agreement. 22. Third Party Rights. No Party other than SELLER and PURCHASER and their successors and assigns, shall have any right to enforce or rely upon this Agreement, which is binding upon and made solely for the benefit of SELLER and PURCHASER, and their respective successors or assigns, and not for the benefit of any other Party. 23. Survival. The representations, warranties and covenants contained in this Agreement shall survive a Takedown with respect to such Property acquired in each respective Takedown for a twelve (12) month period thereafter and shall not merge upon the delivery of the warranty deed for the Property. 24. Time. TIME IS OF THE ESSENCE OF ANY AND ALL UNDERTAKINGS AND AGREEMENTS OF THE PARTIES HERETO. 25. Notices. All notices required or permitted hereunder shall be in writing and shall be served on the parties at the addresses set forth below. Any such notices shall be either (i) sent by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with such courier, (ii) sent by email, in which case notice shall be deemed delivered upon transmission of such notice, or (iii) sent by personal delivery, in which case notice shall be deemed delivered upon receipt or refusal of delivery. A party's address may be changed by written notice to the other parry;provided,however, that no notice of a change of address shall be effective until two (2) Business Days following actual receipt of such notice. The Parties agree that the attorney for each respective party has the authority to send and receive notices on behalf of such party. If To SELLER: United City of Yorkville Attn: 651 Prairie Pointe Drive Yorkville, IL 60560 Telephone: 630-553-4350 E-mail: With a copy to:Attorney Kathleen Field Orr Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 North Naper Boulevard, Suite 350 Naperville, Illinois 60563 0:312-382-2113, C: 708-267-6244 11,i,( r l;ottosenlaw.com If To PURCHASER: Heartland Meadows, LLC, An Illinois Limited Liability Company 608 E. Veterans Parkway Yorkville, Illinois 60560 Telephone: 630-553-3322 Email No:7r L rr u tt Initials 10 With a copy to:Daniel Kramer The Law Office of Dan Kramer 1107A South Bridge Street Yorkville, IL. 60560 Telephone: 630-553-9500 Email: dkramcr("cudankrartierlaw.coni Any party to this Agreement may at any time change the address for notices to that party by giving notice in this manner. 26. Days. Whenever this Agreement requires that something be done within a specified period of days, that period shall (i) not include the day from which the period commences, (ii) include the day upon which the period expires, (iii) expire at 6:00 p.m., local time in the jurisdiction in the where the Property is located on the day upon which the period expires, and (iv) unless otherwise specified in this Agreement,be construed to mean calendar days;provided,that if the final day of the period falls on a Saturday, Sunday or legal holidays,which shall include but not be limited to December 24, 25 and January 1, the period shall extend to the first business day thereafter. As used in this Agreement, "business day" means each day of the year other than Saturdays, Sundays, legal holidays and days on which national banks in the location where the Subject Property is located are generally authorized or obligated by law to close. 27. Severability.If one(1)or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, that invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if the invalid, illegal or unenforceable provision had never been contained within the body of this Agreement. 28. Entire Agreement, This Agreement embodies the entire understanding between the Parties with respect to the transaction contemplated herein and all prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded by and merged into this Agreement. Neither this Agreement nor any of its provisions may be waived,modified or amended except by an instrument in writing signed by the party against which enforcement is sought, and then only to the extent set forth in that instrument. 29. Governing Law. This Agreement shall be governed by and construed in accordance with the provisions of the laws of the State of Illinois. Kendall County shall be the agreed venue for any action with respect to the subject matter hereof. 30. Captions; Agreement Preparation. Captions to paragraphs and sections of this Agreement have been included solely for the sake of convenient reference and are entirely without substantive effect. Each of the Parties has joined in and contributed to drafting this Agreement, and the Parties agree that there shall be no presumption favoring or burdening any one or more Parties based upon draftsmanship. 31, Successors and Assigns. Either party shall be entitled to assign its rights or obligations under this Agreement without the consent of the other arty so long as such assignment is to entity which is controlled or is a parent entity exercising c pl over such party. Any other Initials 11 assignment shall require the consent of the other party, which consent shall not be unreasonably withheld. Subject to the foregoing, this Agreement shall be binding upon, and its benefits shall inure to, the Parties hereto and their respective heirs, personal representatives, successors and assigns. 32. Counterparts; Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which shall constitute one agreement. The signature of any party to any counterpart shall be deemed to be a signature to, and may be appended to, any other counterpart. For purposes of this Agreement, a facsimile signature or electronic copy of a signature shall be deemed the same as an original. 33. Confidentiality. Except to the extent that either party needs to disclose financial terms of this agreement to professionals bound by privileged to their respective client or a Lender, the parties shall keep all financial and closing terms of this Agreement confidential between they and their retained experts. 34. Illinois Bulk Sales. SELLER warrants to PURCHASER that it has no obligation to comply with the Illinois Bulk Sale Act in that the subject Real Estate Sale does not comprise a significant portion of the SELLER's real property; or result in a transfer of SELLER's Business. 35. Time. SELLER and PURCHASER agree that time is of the essence and that failure of either party to strictly comply with the time limitations contained herein shall be considered as a default unless provided otherwise herein or unless expressly waived in writing by agreement of the non-defaulting party. 36. Counterpart/PDF Execution. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. Further this Agreement may be executed by PDF attached to email transmission and such PDF signatures shall be valid and binding for all purposes when transmitted to the other party. Notwithstanding the foregoing, each party signing by PDF agrees to provide the other with an original signature hereon within two (2)business days of its execution of this Agreement. Initials J 12 Signature Page Follows Initials 13 THIS AGREEMENT has been executed by the SELLER hereto on the date set forth below. SELLER" United City of Y 11 By. Mayor Attest: Si t Clerk Dated: Initials 14 THIS AGREEMENT has been executed by the PURCHASER hereto on the date set forth below. PURCHASER" HEARTLAND MEADOWS, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY By: A--., Its:Agent Dated: • Initials 15 Initials 16 Exhibit"A" Legal Description Lot 22 in Kendall Marketplace,being a Subdivision of part of the Southeast Quarter of Section 19, the South Half of Section 20, and the Northwest Quarter of Section 29, Township 37 North, Range 7 East of the Third Principal Meridian, in the United City of Yorkville, Kendall County, Illinois. PIN: Part of 02-20-351-002 Address: Part of the land located at the Northwest Corner of Route 34 and Cannonball Drive, Yorkville, Illinois. Initials 17 Heartland ;- .eadows 4 R 51710 I 1 f3 14 15 , 18 2 1 1 E11112 i 20 41 i i b1Yl Y/1a D'Ol4M4j 1 24 23 n 11 BLACKBERRY SHORE LANE r 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: 7710676 Purchase Order: 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 10/18/2024, and the last publication of the notice was made in the newspaper dated and published on 10/18/2024. This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1. PUBLICATION DATES: Oct 18, 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 19th Day of October, 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 SUMMARY: Applications for annexation and rezoning were submitted by Drew Daniels on behalf of Daniels Malinski Yorkville Family, LLP (DMYF), the petitioner/owner. DMYF, LLLP is seeking to annex four (4) parcels, totaling approximately 270 acres, and rezone them from the R-1 Single-Family Suburban Residence District to the M-2 General Manufacturing District for a future data center, contingent upon approval of annexation by the City Council. The subject property, consisting of parcels #02-30-200-023, #02-19-400-010, #02-19-400-009, and #02-19-300-019, is located just north of US 34 (Veterans Parkway), west of Beecher Road and Kendall Marketplace, and approximately 850 feet east of Eldamain Road. PROPERTY BACKGROUND: The subject property, approximately 270 acres in total, is currently unincorporated and zoned A-1 Agriculture in Kendall County. It consists of four parcels: the largest, roughly 200 acres, is irregularly shaped and adjacent to the Kendall Marketplace development; a 55-acre rectangular parcel is closest to Eldamain Road; and two smaller parcels, approximately 13 acres, are located just north of US 34. The property is currently used for farming, with a portion of Rob Roy Creek running through it. The two largest parcels are also part of the Rob Roy Drainage District. Memorandum To: Planning and Zoning Commission From: Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: November 5, 2024 Subject: PZC 2024-26 DMYF, LLLP (Daniels, Malinski Yorkville Family) Rezoning from R-1 Residential to M-2 Manufacturing Upon Annexation In 2007, a proposal for "Rob Roy Falls" was submitted to the City for this parcel, featuring a Conceptual PUD Plan (provided below). The plan included a commercial component spanning approximately 130 acres, a residential mixed-use area with senior living and multi-family housing on about 72 acres, and a "Rob Roy Club" component covering around 71 acres. However, the annexation and development never materialized, and the land has remained undeveloped farmland for the past 18 years. REZONING REQUEST: According to Section 10-3-4 of the Yorkville Unified Development Ordinance (UDO), any territory annexed into the city is automatically zoned as R-1 Single-Family Suburban Residential District. In this case, the petitioner is requesting rezoning to the M-2 General Manufacturing District for the development of a proposed data center. Data centers are defined as facilities containing networked computers, storage systems, and computing infrastructure that organizations use to collect, process, store, and distribute data. Per Section 10-3-6-F of the Yorkville UDO, the M-2 General Manufacturing District is designated for manufacturing, industrial, and related uses that produce more significant off-site impacts compared to those in the M-1 Limited Manufacturing District. The purpose of this district is to ensure compatibility between industrial uses and nearby residential and commercial areas, while minimizing off-site impacts like noise, traffic, and visual disturbances. Table 10-3-12(B) of the Unified Development Ordinance specifies that data centers are permitted land uses within the M-2 District. The UDO also outlines specific rezoning standards that will be reviewed by all recommending bodies. The petitioner has provided responses addressing each of these standards in the application. To assess the potential impact of the proposed rezoning and future use of the property, staff has created the following chart, which summarizes the current zoning and land uses of the surrounding area: ANNEXATION AGREEMENT: As previously mentioned, the applicant seeks annexation of four (4) unincorporated parcels, #02- 30-200-023, #02-19-400-010, #02-19-400-009, and #02-19-300-019, totaling approximately 270-acres for the future purpose of constructing and operating a data center land use. Contiguity of the subject parcels and Yorkville’s current corporate boundary is established immediately to the east via the Kendall Marketplace commercial development and the recently annexed Kelaka parcel to the north. The approximately 148-acre Kelaka parcel is currently unimproved but is also entitled for a future industrial/data center. With regard to the rezoning request, a draft annexation agreement has been drafted that should a data center user not develop on the parcel, only the following M-2 General Manufacturing land uses will be permitted on the subject property per Table 10-3-12(B) of the Unified Development Ordinance: 1. Automobile sales and services (enclosed) – defined as “An establishment engaged in the sale of automobiles where all operations take place entirely within an enclosed showroom in a primary building.” 2. Bakery (wholesale) - defined as “a bakery in which there is permitted the production and/or wholesaling of baked goods, excluding retail bakery.” Zoning Land Use North M-2 General Manufacturing District A-1 Agricultural District (Kendall County) Farmland (Kelaka) Farmland East Planned Unit Development (B-3, R-3, R-2) Kendall Marketplace (Commercial, Townhomes, Single-Family Residential) South US 34 (Veterans Parkway) B-3 General Business District R-3 Multi-Family Attached Residence District R-2 Single-Family Traditional Residence Transportation Rush Copley Medical Center/Commercial Fox Hill Townhomes Fox Hill West B-3 General Business District Commercial Undeveloped/Agriculture (Cobblestone North) 3. Brewery/winery/distillery – defined as “an establishment primarily engaged in brewing fermented malt beverages including beer, ale, malt liquors, and nonalcoholic beer (brewery), manufacturing and bottling wine on the premises (winery), or manufacturing, by distillation, intoxicating spirits on the premises (distillery) but not including on-premises consumption by patrons.” 4. Building material sales – defined as “establishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures.” 5. Microdistillery – defined as “a small-scale artisan manufacturing business that blends, ferments, processes, packages, distributes and serves alcoholic spirits on and off the premises and produces no more than fifteen thousand (15,000) gallons per calendar year on-site. The microdistillery facility may include an ancillary tasting room and retail component in which guests/customers may sample and purchase the product. Off-site distribution of the alcoholic beverages shall be consistent with state law.” 6. Microbrewery/Microwinery – defined as “a combination retail, wholesale, and/or small- scale artisan manufacturing business that brews, ferments, processes, packages, distributes, and serves either beer or wine for sale on- or off-site. A microbrewery shall produce no more than one-hundred fifty-five thousand (155,000) gallons of beer per year for sale on the premises for either on-premises or off-premises consumption. These facilities may include an ancillary tasting room and retail component in which guests/customers may sample and purchase the product. Off-site distribution of the beverages shall be consistent with state law.” 7. Nursery/greenhouse – defined as “retail business whose principal activity is the selling of plants and having outdoor storage, growing and/or display of plants.” 8. Research laboratories – defined as “a building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.” 9. Recreational vehicle sales and services – defined as “an establishment engaged in the sale of recreational vehicles, including motorhomes and pickup campers, travel trailers, tent trailers, and similar vehicles that are designed and constructed for permit sleeping or housekeeping in an outdoor or a showroom enclosed in a primary building.” 10. Storage, single-building climate controlled – defined as “a facility consisting of a single building where individual self-contained units are leased or rented to the general public for dead storage and where the individual storage units are accessed from the interior of the building.” 11. Refrigerated Warehouse (Cold Storage)- defined as “a facility which is artificially or mechanically cooled in order to maintain the integrity and quality of perishable goods.” The above identified limited permitted land uses are proposed to be in effect for the term of the annexation agreement, twenty (20) years. Additionally, a Plat of Annexation will be provided as an exhibit to the annexation agreement. A public hearing for the proposed annexation and annexation agreement was held on November 12, 2024 at the City Council meeting. THE COMPREHENSIVE PLAN: The 2016 Comprehensive Plan Update designates this property as “Suburban Neighborhoods (SN)” which is designated primarily for single-family detached residential homes. However, the Comprehensive Plan also states, “while the land use map should guide future land use and development and zoning decisions, it is also meant to be adjusted and changed when circumstances warrant a change in planning direction in a given area of the City.” Due to the recent trend in rezoning and development in the area, the Kelaka property annexation and rezoning to M-2 and the Cyrus One data center development approval to the north of the subject property, staff supports the proposed M-2 General Manufacturing District zoning for a future data center campus development with conditions. Upon approval of the annexation and rezoning, the Comprehensive Plan will require an amendment to reflect the new M-2 General Manufacturing zoning district. The subject property’s future land use designation will be revised from “Suburban Neighborhoods (SN)” to “General Industrial (GI)”. COMMUNITY MEETING: Section 10-8-13-B-1-a of the Unified Development Ordinance states that a community meeting with area or neighborhood property owners, explaining the proposed annexation, may be required. This meeting, conducted by the petitioner at their own expense and at a location of their choice, may be recommended by the Plan Council before the Planning and Zoning Commission public hearing. Given the proximity of existing residential land uses to the east (Kendall Marketplace), west (CMP Properties), and south of US 34 (Fox Hill), staff recommended that the petitioner hold a community meeting to discuss the proposed future land use of the property prior to the City Council and Planning and Zoning Commission public hearings. The petitioner has informed staff that they spoke with the adjacent property owner who lives at 1171 Blackberry Shore Lane at the end of the cul-de-sac for single-family homes in Kendall Marketplace about the proposal on October 29, 2024. They also reached out to the homeowner’s association contact for the Townes of Kendall Marketplace townhomes, but at the time of this memo, had not made contact with them to discuss the proposal. A verbal update will be provided at the Planning and Zoning Commission meeting. STAFF COMMENTS: The petitioner is requesting a straightforward annexation of the subject property into the City of Yorkville without seeking any relief or variances from the M-2 General Manufacturing District zoning. With the additional restrictions on permitted land uses, should the property not develop as a data center as outlined in the proposed agreement, staff supports the annexation request. This aligns with the Comprehensive Plan’s recommended strategy of closing unincorporated “gap” areas within Yorkville’s corporate boundaries to manage growth and ensure high-quality future development. REZONING STANDARDS: Section 10-8-12 Map Amendments establishes criteria for findings of fact related to rezoning (map amendment) requests. When the purpose and affect is to change the zoning of a property and amend the City’s Zoning Map, the Planning and Zoning Commission shall consider each of the following facts before rendering a decision on the request. The petitioner has provided answers to each of the criteria in the application these standards which are included in the packet for your review and will be entered into the public record as part of the public hearing process. The standards are: 1. The proposed Map Amendment is consistent with the Comprehensive Plan and the purposes of the UDO. 2. The proposed Map Amendment is consistent with the existing and planned uses and zoning of the nearby properties. 3. The subject property is suitable for the purposes of the proposed district. 4. The proposed Map Amendment will not result in an individual parcel zoned in one zoning district that is not shared by the adjacent parcels. 5. The proposed parcel(s) to be rezoned shall meet the minimum frontage and area requirements of the requested rezoning district as specified in Section 10-3-9(A). 6. The community need for the proposed use. 7. The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property. Proposed Motion: In consideration of testimony presented during a Public Hearing on November 13, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council a request for rezoning from R-1 Single-Family Residential to M-2 General Manufacturing District for a proposed future data center, contingent upon approval of annexation by the City Council, for a 270-acre property generally located just north of US 34 (Veterans Parkway), west of Beecher Road and Kendall Marketplace, and approximately 850 feet east of Eldamain Road, subject to {insert any additional conditions of the Planning and Zoning Commission}… ATTACHMENTS: 1. Rezoning Application 2. Public Hearing Notice 3. Plan Council Packet dated October 8, 2024 ZDLINDUSTRIAL SURVEYING, INC.LEGAL DESCRIPTIONPARCEL ONETHAT PART OF THE SOUTH 1/2 OF SECTION 19 AND THE NORTH 1/2 OFSECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPALMERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAIDSECTION 19; THENCE SOUTH 00° 48' 07" EAST ALONG THE QUARTER LINE257.40 FEET; THENCE NORTH 83° 55' 03" WEST 1944.30 FEET TO A POINTWHICH IS 1930.58 FEET SOUTH 88° 28' 32" WEST FROM THE POINT OFBEGINNING; THENCE SOUTH 88° 28' 32" WEST ALONG SAID NORTH LINE204.60 FEET; THENCE SOUTH 02° 08' 40" WEST 2489.33 FEET TO THEPRESENT CENTER LINE OF U. S. HIGHWAY NO. 34; THENCE EASTERLYALONG SAID CENTER LINE 2001.79 FEET TO A POINT ON SAID CENTER LINEWHICH IS NORTH 84° 54' 42" WEST FROM THE EAST LINE OF THENORTHEAST 1/4 OF SAID SECTION 30 (AS MEASURED ALONG THE CENTERLINE OF SAID U. S. HIGHWAY NO. 34); THENCE NORTH 05° 05' 18" EAST ATRIGHT ANGLES TO SAID CENTER LINE 231.00 FEET; THENCE SOUTH 84° 54'42" EAST PARALLEL WITH SAID CENTER LINE 565.71 FEET; THENCE SOUTH05° 05' 18" WEST AT RIGHT ANGLES TO SAID CENTER LINE 231.00 FEET TOSAID CENTER LINE; THENCE SOUTH 84° 54' 42" EAST ALONG SAID CENTERLINE 2370.99 FEET TO THE EAST LINE OF THE NORTHEAST 1/4 OF SAIDSECTION 30; THENCE NORTH 00° 39' 04" WEST ALONG SAID EAST LINE 429.15FEET TO THE NORTHEAST CORNER OF SAID SECTION 30; THENCE NORTH00° 39' 04" WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAIDSECTION 19, 301.20 FEET; THENCE SOUTH 89° 20' 56" WEST AT RIGHTANGLES TO THE LAST DESCRIBED COURSE, 227.23 FEET; THENCE NORTH 15°08' 07" WEST 2403.75 FEET TO A POINT ON THE NORTH LINE OF THESOUTHEAST 1/4 OF SECTION 19 WHICH IS 1826.22 FEET NORTH 88° 28' 32"EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 88° 28' 32" WESTALONG SAID NORTH LINE, 1826.22 FEET TO THE POINT OF BEGINNING; INTHE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.PARCEL 2THAT PART OF THE SOUTH 1/2 OF SECTION 19 AND THE NORTH 1/2 OFSECTION 30, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPALMERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OFSTATE ROUTE 34 AND THE EAST LINE OF SAID SECTION 30; THENCEWESTERLY ALONG THE CENTER LINE OF SAID ROUTE 34, 2370.99 FEET FORTHE POINT OF BEGINNING; THENCE NORTHERLY AT RIGHT ANGLES TO THELAST DESCRIBED COURSE, 231 FEET; THENCE WESTERLY PARALLEL TO THECENTER LINE OF STATE ROUTE 34, 565.71 FEET; THENCE SOUTHERLY ATRIGHT ANGLES TO THE LAST DESCRIBED COURSE 231 FEET TO THE CENTERLINE OF SAID ROUTE 34; THENCE EASTERLY ALONG THE CENTER LINE OFSAID ROUTE 34, 565.71 FEET TO THE POINT OF BEGINNING, IN THETOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.EXCEPT THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:COMMENCING AT THE NORTHEAST CORNER OF OUTLOT 1 OF FOX HILL UNITONE PLANNED UNIT DEVELOPMENT, BRISTOL TOWNSHIP, KENDALL COUNTY,ILLINOIS, RECORDED IN CABINET 3, SLOTS 508 A&B AND 509 A&B ASDOCUMENTED NO. 9410594 IN THE RECORDER'S OFFICE OF KENDALLCOUNTY; THENCE NORTH 06 DEGREES 22 MINUTES 18 SECONDS EAST, ON ABEARING REFERENCED TO AN ASSUMED NORTH, 15.240 METERS (50.00 FEET)TO THE CENTERLINE OF F.A. 591 AND THE POINT OF BEGINNING; THENCENORTH 83 DEGREES37 MINUTES 42 SECONDS WEST 93.518 METERS (306.82FEET) ON SAID CENTERLINE; THENCE WESTERLY 213.414 METERS (700.18FEET) ALONG AN 11,642.530 METERS (38,197.20) RADIUS CURVE TO THE LEFTWHOSE CHORD BEARS NORTH 84 DEGREES 09 MINUTES 12 SECONDS WEST213.411 METERS (700.17 FEET); THENCE NORTH 02 DEGREE 08 MINUTES 42SECONDS EAST 15.263 METERS (50.08 FEET); THENCE EASTERLY 208.048METERS (682.57 FEET) ALONG AN 11,657.770 METER (38,247.20 FOOT) RADIUSCURVE TO THE RIGHT WHOSE CHORD BEARS SOUTH 84 DEGREES 10MINUTES 17 SECONDS EAST 208.046 METERS (682.56 FEET); THENCE NORTH85 DEGREES 35 MINUTES 28 SECONDS EAST 25.458 METERS (83.52 FEET);THENCE SOUTH 83 DEGREES 37 MINUTES 42 SECONDS EAST 50.000 METERS(164.04 FEET); THENCE SOUTH 72 DEGREES 50 MINUTES 54 SECONDS EAST25.449 (83.49 FEET); THENCE SOUTH 83 DEGREES 37 MINUTES 42 SECONDSEAST 2.433 METERS (7.98 FEET); THENCE SOUTH 00 DEGREES 39 MINUTES 02SECONDS EAST 15.355 METERS (50.38 FEET) TO SAID CENTERLINE; THENCENORTH 83 DEGREES 37 MINUTES 42 SECONDS WEST 4.311 METERS (14.14FEET) ALONG SAID CENTERLINE TO THE POINT OF BEGINNING, CONTAINING0.5095 HECTARE (1.259 ACRES), MORE OR LESS, OF WHICH 0.4738 HECTARE(1.171 ACRES), MORE OR LESS, ARE IN THE EXISTING RIGHT OF WAY,SITUATED IN THE COUNTY OF KENDALL AND STATE OF ILLINOIS.THE ABOVE PARCEL BEING SHOWN ON SHEET 2 OF THE RIGHT OF WAYPLANS FOR F.A. 591 (U.S. ROUTE 34), SECTION 13BR, RECORDED ASDOCUMENT NUMBER 9702750, FLAT FILE, 5-55 IN THE RECORDER'S OFFICEOF KENDALL COUNTY, ILLINOIS.ALSO EXCEPT THAT PART CONVEYED THE UNITED CITY OF YORKVILLE INDEED RECORDED AS DOCUMENT NO. 201400012767 TO WIT:THAT PART OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 37NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED ASFOLLOWS:COMMENCING AT THE NORTHERLY CORNER OF SAID SECTION 30, THENCESOUTH 01 DEGREES 14 MINUTES 12 SECONDS EAST, 304.62 FEET ALONGTHE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 30 TO THEPOINT OF BEGINNING, THENCE CONTINUING SOUTH 01 DEGREES 14 MINUTES12 SECONDS EAST, 74.37 FEET ALONG SAID EAST LINE OF THE NORTHERLYRIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE CONTINUING SOUTH 01DEGREES 14 MINUTES 12 SECONDS EAST, 50.25 FEET ALONG SAID EAST LINETO THE CENTERLINE OF U.S. ROUTE 34; THENCE NORTH 85 DEGREES 32MINUTES 10 SECONDS WEST, 1879.99 FEET ALONG SAID CENTERLINE,THENCE NORTH 04 DEGREES 27 MINUTES 50 SECONDS EAST, 50.00 FEET TOTHE NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE NORTH 76DEGREES 01 MINUTE 45 SECONDS EAST, 79.06 FEET TO A POINT 25.00 FEETNORTHERLY OF SAID NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 34;THENCE SOUTH 85 DEGREES 32 MINUTES 10 SECONDS EAST, 1748.26 FEETPARALLEL WITH AND 25.00 FEET NORTH OF SAID NORTHERLY RIGHT OF WAYLINE, THENCE NORTH 46 DEGREES 36 MINUTES 49 SECONDS EAST 66.09FEET TO POINT OF BEGINNING, ALL IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS.PERMANENT TAX NUMBER(S): 02-19-300-019; 02-19-400-009; 02-19-400-010;02-30-100-002; 02-30-200-0233604 Page 1 of 3 Exhibit A Document: Application for Annexation & Rezoning Petitioner Name: Drew Daniels Company Name: Daniels Malinski Yorkville Family, LLLP Property Address: 11433 US Route 34 – Kendall County, Illinois Exhibit A: Legal Descriptions PINs: 02-19-300-019 02-19-400-009 02-19-400-010 02-30-200-023 LEGAL DESCRIPTION PARCEL ONE THAT PART OF THE SOUTH 1/2 OF SECTION 19 AND THE NORTH 1/2 OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 19; THENCE SOUTH 00° 48' 07" EAST ALONG THE QUARTER LINE 257.40 FEET; THENCE NORTH 83° 55' 03" WEST 1944.30 FEET TO A POINT WHICH IS 1930.58 FEET SOUTH 88° 28' 32" WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 88° 28' 32" WEST ALONG SAID NORTH LINE 204.60 FEET; THENCE SOUTH 02° 08' 40" WEST 2489.33 FEET TO THE PRESENT CENTER LINE OF U. S. HIGHWAY NO. 34; THENCE EASTERLY ALONG SAID CENTER LINE 2001.79 FEET TO A POINT ON SAID CENTER LINE WHICH IS NORTH 84° 54' 42" WEST FROM THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30 (AS MEASURED ALONG THE CENTER LINE OF SAID U. S. HIGHWAY NO. 34); THENCE NORTH 05° 05' 18" EAST AT RIGHT ANGLES TO SAID CENTER LINE 231.00 FEET; THENCE SOUTH 84° 54' 42" EAST PARALLEL WITH SAID CENTER LINE 565.71 FEET; THENCE SOUTH 05° 05' 18" WEST AT RIGHT ANGLES TO SAID CENTER LINE 231.00 FEET TO SAID CENTER LINE; THENCE SOUTH 84° 54' 42" EAST ALONG SAID CENTER LINE 2370.99 FEET TO THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30; THENCE NORTH 00° 39' 04" WEST ALONG SAID EAST LINE 429.15 FEET TO THE NORTHEAST CORNER OF SAID SECTION 30; THENCE NORTH 00° 39' 04" WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19, 301.20 FEET; THENCE SOUTH 89° 20' 56" WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 227.23 FEET; THENCE NORTH 15° 08' 07" WEST 2403.75 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SECTION 19 WHICH IS 1826.22 FEET NORTH 88° 28' 32" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 88° 28' 32" WEST ALONG SAID NORTH LINE, 1826.22 FEET TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. Page 2 of 3 PARCEL TWO THAT PART OF THE SOUTH 1/2 OF SECTION 19 AND THE NORTH 1/2 OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF STATE ROUTE 34 AND THE EAST LINE OF SAID SECTION 30; THENCE WESTERLY ALONG THE CENTER LINE OF SAID ROUTE 34, 2370.99 FEET FOR THE POINT OF BEGINNING; THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 231 FEET; THENCE WESTERLY PARALLEL TO THE CENTER LINE OF STATE ROUTE 34, 565.71 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 231 FEET TO THE CENTER LINE OF SAID ROUTE 34; THENCE EASTERLY ALONG THE CENTER LINE OF SAID ROUTE 34, 565.71 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. EXCEPT THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF OUTLOT 1 OF FOX HILL UNIT ONE PLANNED UNIT DEVELOPMENT, BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, RECORDED IN CABINET 3, SLOTS 508 A&B AND 509 A&B AS DOCUMENTED NO. 9410594 IN THE RECORDER'S OFFICE OF KENDALL COUNTY; THENCE NORTH 06 DEGREES 22 MINUTES 18 SECONDS EAST, ON A BEARING REFERENCED TO AN ASSUMED NORTH, 15.240 METERS (50.00 FEET) TO THE CENTERLINE OF F.A. 591 AND THE POINT OF BEGINNING; THENCE NORTH 83 DEGREES37 MINUTES 42 SECONDS WEST 93.518 METERS (306.82 FEET) ON SAID CENTERLINE; THENCE WESTERLY 213.414 METERS (700.18 FEET) ALONG AN 11,642.530 METERS (38,197.20) RADIUS CURVE TO THE LEFT WHOSE CHORD BEARS NORTH 84 DEGREES 09 MINUTES 12 SECONDS WEST 213.411 METERS (700.17 FEET); THENCE NORTH 02 DEGREE 08 MINUTES 42 SECONDS EAST 15.263 METERS (50.08 FEET); THENCE EASTERLY 208.048 METERS (682.57 FEET) ALONG AN 11,657.770 METER (38,247.20 FOOT) RADIUS CURVE TO THE RIGHT WHOSE CHORD BEARS SOUTH 84 DEGREES 10 MINUTES 17 SECONDS EAST 208.046 METERS (682.56 FEET); THENCE NORTH 85 DEGREES 35 MINUTES 28 SECONDS EAST 25.458 METERS (83.52 FEET); THENCE SOUTH 83 DEGREES 37 MINUTES 42 SECONDS EAST 50.000 METERS (164.04 FEET); THENCE SOUTH 72 DEGREES 50 MINUTES 54 SECONDS EAST 25.449 (83.49 FEET); THENCE SOUTH 83 DEGREES 37 MINUTES 42 SECONDS EAST 2.433 METERS (7.98 FEET); THENCE SOUTH 00 DEGREES 39 MINUTES 02 SECONDS EAST 15.355 METERS (50.38 FEET) TO SAID CENTERLINE; THENCE NORTH 83 DEGREES 37 MINUTES 42 SECONDS WEST 4.311 METERS (14.14 FEET) ALONG SAID CENTERLINE TO THE POINT OF BEGINNING, CONTAINING 0.5095 HECTARE (1.259 ACRES), MORE OR LESS, OF WHICH 0.4738 HECTARE (1.171 ACRES), MORE OR LESS, ARE IN THE EXISTING RIGHT OF WAY, SITUATED IN THE COUNTY OF KENDALL AND STATE OF ILLINOIS. THE ABOVE PARCEL BEING SHOWN ON SHEET 2 OF THE RIGHT OF WAY PLANS FOR F.A. 591 (U.S. ROUTE 34), SECTION 13BR, RECORDED AS DOCUMENT NUMBER 9702750, FLAT FILE, 5-55 IN THE RECORDER'S OFFICE OF KENDALL COUNTY, ILLINOIS. Page 3 of 3 ALSO, EXCEPT THAT PART CONVEYED THE UNITED CITY OF YORKVILLE IN DEED RECORDED AS DOCUMENT NO. 201400012767 TO WIT: THAT PART OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHERLY CORNER OF SAID SECTION 30, THENCE SOUTH 01 DEGREES 14 MINUTES 12 SECONDS EAST, 304.62 FEET ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 30 TO THE POINT OF BEGINNING, THENCE CONTINUING SOUTH 01 DEGREES 14 MINUTES 12 SECONDS EAST, 74.37 FEET ALONG SAID EAST LINE OF THE NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE CONTINUING SOUTH 01 DEGREES 14 MINUTES 12 SECONDS EAST, 50.25 FEET ALONG SAID EAST LINE TO THE CENTERLINE OF U.S. ROUTE 34; THENCE NORTH 85 DEGREES 32 MINUTES 10 SECONDS WEST, 1879.99 FEET ALONG SAID CENTERLINE, THENCE NORTH 04 DEGREES 27 MINUTES 50 SECONDS EAST, 50.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE NORTH 76 DEGREES 01 MINUTE 45 SECONDS EAST, 79.06 FEET TO A POINT 25.00 FEET NORTHERLY OF SAID NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE SOUTH 85 DEGREES 32 MINUTES 10 SECONDS EAST, 1748.26 FEET PARALLEL WITH AND 25.00 FEET NORTH OF SAID NORTHERLY RIGHT OF WAY LINE, THENCE NORTH 46 DEGREES 36 MINUTES 49 SECONDS EAST 66.09 FEET TO POINT OF BEGINNING, ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. PERMANENT TAX NUMBERS: 02-19-300-019; 02-19-400-009, 02-19-400-010; and 02-30-200-023 Exhibit B Document: Application for Annexation & Rezoning Petitioner Name: Drew Daniels Company Name: Daniels Malinski Yorkville Family, LLLP Property Address: 11433 US Route 34 – Kendall County, Illinois Exhibit B: 500’ Notifications PINs: 02-19-300-019 02-19-400-009 02-19-400-010 02-30-200-023 Print using Adobe® Reader®'s "Actual size" setting r150 1/1 9/9/2024 4:31:14 PM 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: 7715985 Purchase Order: PZC 2024-26 DMYF (Rezone) State of Illinois - Kane Chicago Tribune Media Group does hereby certify that it is the publisher of the The Beacon-News. The The Beacon-News is a secular newspaper, has been continuously published Daily for more than fifty (50) weeks prior to the first publication of the attached notice, is published in the City of Aurora, Township of Aurora, State of Illinois, is of general circulation throughout that county and surrounding area, and is a newspaper as defined by 715 IL CS 5/5. This is to certify that a notice, a true copy of which is attached, was published 1 time(s) in the The Beacon-News, namely one time per week or on 1 successive weeks. The first publication of the notice was made in the newspaper, dated and published on 10/25/2024, and the last publication of the notice was made in the newspaper dated and published on 10/25/2024. This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1. PUBLICATION DATES: Oct 25, 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 26th Day of October, 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 1 I have reviewed the annexation and rezoning applications for the subject property located just north of US 34 (Veterans Parkway), west of Beecher Road and Kendall Marketplace, and approximately 850 feet east of Eldamain Road. The applications were submitted by Drew Daniels on behalf of Daniels Malinski Yorkville Family, LLP, the petitioner. The petitioner is seeking to annex four (4) parcels, totaling approximately 270 acres, and rezone them from the R-1 Single-Family Suburban Residence District, which would apply upon annexation, to the M-2 General Manufacturing District. Based upon my review of the application documents and plans, I have compiled the following comments: GENERAL ZONING/LAND USE COMMENTS: The subject property, approximately 270 acres in total, is currently unincorporated and zoned A-1 Agriculture in Kendall County. It consists of four parcels: the largest, roughly 200 acres, is irregularly shaped and adjacent to the Kendall Marketplace development; a 55-acre rectangular parcel is closest to Eldamain Road; and two smaller parcels, approximately 13 acres, are located just north of US 34. The property is currently used for farming, with a portion of Rob Roy Creek running through it. The two largest parcels are also part of the Rob Roy Drainage District. 1. ZONING – The subject property consists of four (4) parcels (#02-30-200-023, #02-19-400- 010, #02-19-400-009, and #02-19-300-019). The following are the current immediate surrounding zoning and land uses: a. Per Section 10-3-4 of the Yorkville Unified Development Ordinance (UDO), any territory annexed to the city shall automatically be classified within the R-1 Single- Family Suburban Residential District. Therefore, the petitioner is seeking rezoning within the M-2 General Manufacturing District, however, a proposed future land use was not provided on the rezoning application. Zoning Land Use North M-2 General Manufacturing District A-1 Agricultural District (Kendall County) Farmland (Kelaka) Farmland East Planned Unit Development (B-3, R-3, R-2) Kendall Marketplace (Commercial, Townhomes, Single-Family Residential) South US 34 (Veterans Parkway) B-3 General Business District R-3 Multi-Family Attached Residence District R-2 Single-Family Traditional Residence Transportation Rush Copley Medical Center/Commercial Fox Hill Townhomes Fox Hill West B-3 General Business District Commercial Undeveloped/Agriculture (Cobblestone North) Memorandum To: Plan Council From: Krysti Barksdale-Noble, Community Development Director Date: October 8, 2024 Subject: PZC 2024-26 Daniels Malinski Yorkville Family, LLLP (DMYF) Proposed Annexation and Rezoning Request 2 i. Will the petitioner confirm that the intended future land use for the subject property is for a data center campus? 2. PERMITTED USES – Per Section 10-3-6-F of the Yorkville Unified Development Ordinance (UDO), the M-2 general manufacturing district zoning designation is intended to provide for the location of manufacturing, industrial, and related uses that have greater off- site impacts than those in the M-1 limited manufacturing district. The district is intended to ensure the compatibility of the manufacturing and industrial uses with surrounding residential and commercial uses and to minimize off-site impacts such as noise, traffic, and visual qualities. a. Further, per Table 10-3-12 (B) Permitted and Special Uses of the Unified Development Ordinance, under “Energy Industrial Uses” data centers are permitted land uses. 3. M-2 BULK REGULATIONS – Per the Table 10-3-9(A) Bulk and Dimensional Standards, the following are the current M-2 General Business District standards: M-2 Zoning Regulations Min. Lot Area N/A Front Yard Setback 25 feet Rear Yard Setback N/A Side Yard Setback Min. 10% of lot width/Max. 20 feet Corner Yard Setback Min. 10% of lot width/Max. 20 feet Max. Lot Coverage 85% Max. Building Height N/A 4. COMPREHENSIVE PLAN – The 2016 Comprehensive Plan Update designates this property as “Suburban Neighborhoods (SN)” which is designated primarily for single-family detached residential homes. However, the Comprehensive Plan also states, “while the land use map should guide future land use and development and zoning decisions, it is also meant to be adjusted and changed when circumstances warrant a change in planning direction in a given area of the City.” a. Due to the recent trend in rezoning and development in the area, the Kelaka property annexation and rezoning to M-2 and the Cyrus One data center development approval to the north of the subject property, staff supports the proposed M-2 General Manufacturing District zoning for a future data center campus development with conditions. b. Upon approval of the annexation and rezoning, the Comprehensive Plan will require an amendment to reflect the new M-2 General Manufacturing zoning district. The subject property’s future land use designation will be revised from “Suburban Neighborhoods (SN)” to “General Industrial (GI)”. 3 ANNEXATION COMMENTS: 5. ANNEXATION AGREEMENT – Given the subject property's location along a major arterial roadway (US 34) and its proximity to the Kendall Marketplace development, which includes both commercial and residential land uses, staff recommends that the annexation agreement include a condition to consider restricting future manufacturing uses under the M- 2 District if a data center campus is not developed on the site. i. Should a data center user not develop on the parcel, staff would recommend only the following M-2 General Manufacturing land uses be permitted on the subject property per Table 10-3-12(B) of the Unified Development Ordinance: 1. Automobile sales and services (enclosed) – defined as “An establishment engaged in the sale of automobiles where all operations take place entirely within an enclosed showroom in a primary building.” 2. Bakery (wholesale) - defined as “a bakery in which there is permitted the production and/or wholesaling of baked goods, excluding retail bakery.” 3. Brewery/winery/distillery – defined as “an establishment primarily engaged in brewing fermented malt beverages including beer, ale, malt liquors, and nonalcoholic beer (brewery), manufacturing and bottling wine on the premises (winery), or manufacturing, by distillation, intoxicating spirits on the premises (distillery) but not including on-premises consumption by patrons.” 4. Building material sales – defined as “establishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures.” 5. Microdistillery – defined as “a small-scale artisan manufacturing business that blends, ferments, processes, packages, distributes and serves alcoholic spirits on and off the premises and produces no more than fifteen thousand (15,000) gallons per calendar year on-site. The microdistillery facility may include an ancillary tasting room and retail component in which guests/customers may sample and purchase the product. Off-site distribution of the alcoholic beverages shall be consistent with state law.” 6. Microbrewery/Microwinery – defined as “a combination retail, wholesale, and/or small-scale artisan manufacturing business that brews, ferments, processes, packages, distributes, and serves either beer or wine for sale on- or off-site. A microbrewery shall produce no more than one-hundred fifty-five thousand (155,000) gallons of beer per year for sale on the premises for either on- premises or off-premises consumption. These facilities may include an ancillary tasting room and retail component in which guests/customers may sample and purchase the product. Off-site distribution of the beverages shall be consistent with state law.” 7. Nursery/greenhouse – defined as “retail business whose principal activity is the selling of plants and having outdoor storage, growing and/or display of plants.” 4 8. Research laboratories – defined as “a building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.” 9. Recreational vehicle sales and services – defined as “an establishment engaged in the sale of recreational vehicles, including motorhomes and pickup campers, travel trailers, tent trailers, and similar vehicles that are designed and constructed for permit sleeping or housekeeping in an outdoor or a showroom enclosed in a primary building.” 10. Storage, single-building climate controlled – defined as “a facility consisting of a single building where individual self-contained units are leased or rented to the general public for dead storage and where the individual storage units are accessed from the interior of the building.” 11. Refrigerated Warehouse (Cold Storage)- defined as “a facility which is artificially or mechanically cooled in order to maintain the integrity and quality of perishable goods.” ii. The above identified limited permitted land uses shall be in effect for the term of the annexation agreement, twenty (20) years. 6. PLAT OF ANNEXATION – A plat of annexation shall be an exhibit to the annexing ordinance. The city engineer will prepare the exhibit. 7. COMMUNITY MEETING – Per Section 10-8-13-B-1-a of the Unified Development Ordinance states a community meeting of area/neighborhood property owners explaining the proposed Annexation conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date. a. Due to the proximity of existing residential land uses immediately to the east (Kendall Marketplace), west (CMP Properties) and south of US 34 (Fox Hill) staff recommends the petitioner conduct a community meeting regarding the proposed future land use of the subject property prior to the City Council and Planning and Zoning Commission public hearings. 1 Monica Cisija To:Krysti Barksdale-Noble Subject:RE: Opposition to Proposed Rezoning of Land to Manufacturing From: Lindsay Martinez <l   Date: Thu, Nov 7, 2024, 11:35 AM  Subject: Opposition to Proposed Rezoning of Land to Manufacturing  To: <Funkhouser.ward3@gmail.com>    Dear Chris Funkhouser,       I hope this message finds you well. I am writing to express my concern and opposition regarding the proposal to  rezone   Case Number: PZC 2024‐26 DMYF, LLLP (Annexation and Rezone) to a manufacturing district. As a member of the  Yorkville community, I believe that this rezoning could have significant negative impacts on both the environment and  the quality of life for residents of Fox Hill. There are several key reasons why I believe this change should not move  forward. The Impact on Residential Areas. Allowing manufacturing operations in close proximity to residential  neighborhoods could lead to increased noise, air pollution, and light pollution, all of which would negatively affect the  health and well‐being of local residents. The current zoning supports a balance of residential and commercial spaces,  which provides a higher quality of life for families.  Environmental Concerns: Manufacturing facilities often bring  environmental challenges, including waste disposal issues, runoff, and the potential for hazardous material spills. Our  community values green spaces, clean air, and sustainable development, and introducing manufacturing operations  could compromise these environmental goals. Traffic and Infrastructure Strain on Diehl Farm Road: Manufacturing  businesses typically bring increased truck traffic and demand on local infrastructure, which could overwhelm our current  roads and public services. This increase in traffic could also create safety hazards and  contribute to congestion in the  area, which would be detrimental to both residents and visitors. We already have increased traffic from the Menards DC  plant.  Rezoning to manufacturing may not align with Yorkville’s long‐term vision for sustainable growth.   That property should remain zoned for residential purposes in my opinion. In order for Kendall Marketplace to become  fully leased and continue to operate effectively, more people (who need homes) are needed, not a building that uses  too many resources.  Property Values will tank.  There is concern that industrial development could negatively affect property values in  nearby residential areas. Families and homebuyers are likely to be deterred from settling in a neighborhood that is  adjacent to manufacturing zones, which could affect the overall economic stability of the area. I urge the United City of  Yorkville to consider these concerns and explore alternative options for development that would support the  community’s vision for growth while maintaining the integrity of our residential spaces. The residents of fox hill neighbor  have already lost all of the trees along the Rob Roy Creek. We are still waiting for trees to be replanted. That alone has  increased the road sounds from 34, Menards DC, trains etc. It is so noisy that we barely open our windows anymore. Our  kids would spend all summer at the rob roy creek, but after all of the trees were cut down and left‐ and just recently the  roots were removed. Our neighborhood enjoyed the creek for fishing‐ but no longer can do so with it being ruined.  I  would appreciate the opportunity to engage in further dialogue on this matter and discuss potential solutions that  balance both economic development and quality of life for residents. Thank you for your time and consideration.      Sincerely,   Lindsay Martinez  1 REQUEST SUMMARY: The petitioner, Cesar Cruz on behalf of GR Yorkville Residents, LLC, owner, is seeking Final Plat approval for an approximately 22- acre site consisting of 164 new residential townhome lots and four (4) open space outlots located north of the BNSF railroad and east of Tuscany Trail in Yorkville. These lots will complete Neighborhood 3 and this quadrant of the Grande Reserve development (refer to map on the right). The proposed 164 units will represent a slight decrease of one (1) unit in the originally planned and approved PUD for this neighborhood in the 2003 annexation agreement. Additionally, the petitioner is seeking approval of architectural design standards for the townhome building facades within the proposed final platted areas, as mandated by both the original annexation agreement and a subsequent 2021 economic incentive agreement. ZONING AND LAND USE: The subject property was annexed in 2003 and was zoned R-2 Single-Family Traditional Residence District with a special use for a Planned Unit Development (PUD). The following are the current immediate surrounding zoning and land uses: Zoning Land Use North Tuscany Trail R-2 Planned Unit Development (Grande Reserve) Transportation Residential South Burlington Northern Santa Fe (BNSF) Railroad Commonwealth Edison Easement R-2 Planned Unit Development (Grande Reserve) Transportation Utility Residential East R-2 Planned Unit Development (Grande Reserve) Open Space (Grande Reserve Park A) Residential Park West R-4 General Residential PUD (Village of Oswego) Residential (Undeveloped) Memorandum To: Planning & Zoning Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: November 5, 2024 Subject: PZC 2024-27 Grande Reserve – Units 18 & 25 (Final Plat) Proposed Approval of 164 Townhomes in 2 New Units of Grande Reserve 2 Note, the approximately 100-acre parcel located within the Village of Oswego to the west of the subject property is owned by Tuscany Station, LLC. This parcel was approved for a mixed-residential housing complex consisting of 480-unit apartments and 164 single-family detached homes in 2023 and will be developed by Abby Properties, an affiliate of the petitioner.1 PROPOSED FINAL PLAT OF SUBDIVISION: The Preliminary/Final Plats for Units 18 and 25 were approved by the City Council in June and December of 2006, respectively, but they were never recorded and have since expired. The proposed Final Plat of Subdivision generally aligns with the originally approved plans but has slight differences in the number and distribution of units compared to the Concept PUD Plan. For Unit 18, which covers 8.861 acres, the proposal includes 68 units arranged in groups of four townhomes, fronting the extension of Preston Drive. Unit 25, spanning 13.157 acres, proposes 96 townhomes, also grouped in fours, fronting Preston Drive as well as Collins Court and Whiteside Court cul-de-sacs. Both units will feature common open space lots designated for public utility and drainage easements. According to Group Exhibit “D” of the Annexation Agreement (Ord. 2003-44), the “CITY, OWNERS and DEVELOPER acknowledge that the number of dwelling units on future preliminary and final plats may vary from the Concept Plan.” Additionally, it notes that “any plan for a phase of development that does not exceed the total number of dwelling units allowed in the Neighborhoods shall be considered in substantial conformance with the Concept Plan.” Below is a comparison of the approved Concept Plan PUD dwelling unit count (Group Exhibit “C”) and the proposed final plat unit count for each section in Neighborhood 3: NEIGHBORHOOD 3 (UNIT) UNIT TYPE APPROVED DWELLING UNITS CONCEPT PUD PLAN PROPOSED/APPROVED DWELLING UNITS FINAL PLAT Unit 13 TH 36 36 Unit 14 TH 44 44 Unit 18 TH 82 68 Unit 25 TH 83 96 TOTAL 245 244 Per Exhibit “D7” of the Annexation Agreement, the overall approved maximum density for Neighborhood 3 is 6 units/acre (245 units on 43.2 acres). With the proposed reduction of one (1) dwelling unit in Neighborhood 3, the density remains unchanged. The area breakdown of the proposed final platted areas are as follows: 1 Source: https://www.shawlocal.com/kendall-county-now/2023/01/16/oswego-village-board-approves-subdivision- with-480-unit-apartment-complex-metra-station-lot-in-split-ballot/ UNIT 18 - AREA SUMMARY Land Type Acres Square Feet Lots 2.604 113,442 Public Utility & Drainage Easements 4.138 180,221 Dedicated Right of Way (Public Streets) 2.119 92,302 TOTAL 8.861 Acres 385,965 SF 3 UNIT 25 - AREA SUMMARY Land Type Acres Square Feet Lots 3.676 160,154 Public Utility & Drainage Easements 6.459 281,336 Dedicated Right of Way (Public Streets) 3.022 131,643 TOTAL 13.157 Acres 573,133 SF 4 Building Setbacks: Proposed lot setbacks for front, side, and perimeter yards are consistent with the requirements established for parcels located in Neighborhoods 3, per “Exhibit E-1 Grande Reserve Variance Schedule for Neighborhoods 2-19” of the Annexation Agreement, as detailed below: BUILDING SETBACK REQUIRED MINIMUM PROPOSED SETBACK Front 25’ 25’ Side (Corner) 20’ 20’ Perimeter 30’ 30’ 5 ANNEXATION AGREEMENT The original annexation agreement and the subsequent economic incentive agreement had provisions which apply to specific units within Grande Reserve and conditions for final plat approval. Below are applicable provisions to Units 18 and Unit 25 (Neighborhood 3). Cul-de-Sacs Per Ordinance the original annexation agreement, the homeowners’ association (HOA) for these units are required to pay for and perform all snowplowing of cul-de-sacs, even though all roads within the units will be public roads. The HOA does not have the snowplowing obligation for other public roadways within the units. Unit 18 appears to have two (2) cul-de-sacs or “bump-outs” on Preston Drive. Staff has deferred to the City Engineer and Public Works Director if these qualify as cul-de-sacs. While Unit 25 has two (2) traditional cul-de-sacs, Collins Court, and Whiteside Court. Declarations of CCRs Group Exhibit “D”, paragraph B of the Annexation Agreement requires that the developer submit a copy of the proposed Declaration of Covenants, Restrictions and Easements to be reviewed by the City. The declarations shall be recorded at the same time with the final plat for each phase. This portion of Grande Reserve will be included, upon recordation, within the existing Grande Reserve North Community Association, as amended and restated in a document recorded in 2020. APPEARANCE STANDARDS In the original Annexation Agreement (Ord. 2003-44), Architectural Design Standards for townhome development were established, along with conceptual building elevations provided in Exhibit “D2”. Owners and developers must provide standards regulating façade materials, accessory structures, and other building restrictions for each neighborhood in Grande Reserve. The standards must meet or exceed the City’s current appearance standards and also cover aspects such as color schemes, deck and patio specifications, fence specifications, restrictions on accessory buildings, housing styles, minimum square footage, building materials, and roof specifications. Areas not yet platted must submit architectural standards at the time of final plat submission. GR Yorkville Residents, LLC has submitted plan elevations prepared by Abby Properties, LLC for the townhome model proposed in Units 18 and 25. The townhome building will feature architectural shingles, shed and gable-style decorative dormers, vinyl siding, face brick, cementious based premium siding on front elevations, covered porches and transom windows on the front doors. The two-story townhomes have front-loaded garages with four (4) units per building, each with approximately 1,700 square feet per unit. According to Chapter 10-5-8 of the Unified Development Ordinance (UDO), the City's Appearance Standards mandate that at least 75% of the total buildings incorporate masonry products on their front facades. Additionally, these facades must include a minimum of 50% premium siding material. Of this premium siding requirement, at least 25% must be masonry products. Credit towards fulfilling the premium siding requirement can be earned by using major architectural features, with each feature providing a 10% credit. Premium siding materials encompass masonry products, cultured stone, natural wood siding, and synthetic stucco. The provided data table below compares and calculates the elevations to ensure compliance with these UDO Appearance Standards. 6 While the proposed elevations satisfy the minimum appearance standards set by the Unified Development Ordinance, staff offered feedback on the initial architectural design and materials. Some of these suggestions were incorporated into the current façade, such as the addition of more masonry on the front elevation. Staff also recommended adding window shutters to enhance architectural interest. However, the petitioner has expressed that their aesthetic vision for these townhome units is modern and sleek. Townhome Elevation Plans (Units 18 & 25) Appearance Code Requirements Proposed Elevation Masonry product 75% of total buildings 31 of 41 buildings will have min. 50% masonry on façade (75%) Premium Siding 50% on front façade – excluding openings 48% Premium Siding Material Masonry Siding 25% of premium siding 52% Masonry Siding Credit for major architectural feature 10% each 20% credit (dormers = yellow; covered porches = red) *Meets Minimum 30% of premium siding requirement 7 Below are images of other townhome units constructed in the adjacent unit to the west, Unit 14 between 2006 and present. Staff Comments: The proposed Final Plat of Resubdivision has been reviewed by the City’s engineering consultant, Engineering Enterprises Inc., for compliance with the Subdivision Control Ordinance’s Standards for Specification. Comments dated October 9, 2024 was provided to the applicant (see attached). Based upon the review of the proposed Final Plat of Subdivision of Grande Reserve Units 18 and 25, the City Engineer has found the plats to be acceptable with regards to the current subdivision control regulations. Proposed Motion: In consideration of the proposed Final Plat of Subdivision of Grande Reserve Units 18 and 25, the Planning and Zoning Commission recommends approval of the plats and architectural elevations to the City Council as presented by the Petitioner in plans prepared by Manhard Consulting, Ltd. dated last revised 09/18/24 and further subject to {insert any additional conditions of the Planning and Zoning Commission}… Attachments: 1. Copy of Petitioner’s Application 2. Final Plat of Subdivision of Grande Reserve Unit 18 prepared by Manhard Consulting Ltd., dated last revised 09/18/24. 3. Final Plat of Subdivision of Grande Reserve Unit 25 prepared by Manhard Consulting Ltd., dated last revised 09/18/2024. 4. Grande Reserve – Unit 18 & 25 Townhomes Elevations prepared by Abby Properties, LLC. 5. EEI Letter to the City dated October 9, 2024. 6. Plan Council – October 10, 2024 September 13, 2024 Ms. Kristi Barksdale Noble Community Development Director United City of Yorkville 651 Prairie Point Drive Yorkville, IL 60560 SUBJECT: Grande Reserve – Units 18 & 25; Unit 21 Dear Ms. Noble: Please find enclosed the following documents for your review and approval:  Application for Final Plat/Replat for a Subdivision of Grande Reserve Unit 18 & 25 and $20,500 fee  Application for Final Plat/Replat for a Subdivision of Grande Reserve Unit 21 and $20,500 fee  (3) Final Plat of Subdivision of Grande Reserve Unit 18, prepared by Manhard Consulting, dated 02/23/24  (3) Final Plat of Subdivision of Grande Reserve Unit 25, prepared by Manhard Consulting, dated 02/23/24  (3) Final Plat of Subdivision of Grande Reserve Unit 21, prepared by Manhard Consulting, dated 01/17/24  Legal Description for a Subdivision of Grande Reserve Unit 18:Exhibit A  Legal Description for a Subdivision of Grande Reserve Unit 25:Exhibit A  Legal Description for a Subdivision of Grande Reserve Unit 21:Exhibit A  Proposed lot areas and dimensions for a Subdivision of Grande Reserve Unit 18:Exhibit B  Proposed lot areas and dimensions for a Subdivision of Grande Reserve Unit 25:Exhibit B  Proposed lot areas and dimensions for a Subdivision of Grande Reserve Unit 21:Exhibit B Should you have any questions or require additional information, please feel free to reach out at jiovinelli@manhard.com or at (630) 925-1110. Yours truly, MANHARD CONSULTING, LTD. Joe Iovinelli, P.E. – Senior Project Manager Units 18 & 25 See Exhibit "B" 9/13/24 Grande Reserve Unit 18 THAT PART OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 01 DEGREES 10 MINUTES 35 SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 637.16 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 01 DEGREES 10 MINUTES 35 SECONDS EAST CONTINUING ALONG SAID EAST LINE, 851.77 FEET TO THE NORTH LINE OF COMMONWEALTH EDISON COMPANY TRACT RECORDED AS DOCUMENT 19730003089; THENCE SOUTH 73 DEGREES 21 MINUTES 21 SECONDS WEST ALONG SAID NORTH LINE, 518.26 FEET TO THE EASTERLY LINE OF GRANDE RESERVE - UNIT 14 RECORDED AS DOCUMENT 200600023023; THENCE ALONG SAID EASTERLY LINE FOR THE FOLLOWING TEN (10) COURSES: 1) THENCE NORTH 00 DEGREES 01 MINUTES 02 SECONDS WEST, 195.86 FEET TO A POINT ON A NON-TANGENT CURVE; 2) THENCE EASTERLY, ALONG A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 183.00 FEET, AN ARC DISTANCE OF 51.59 FEET, A CHORD BEARING NORTH 81 DEGREES 26 MINUTES 34 SECONDS EAST, AND A CHORD DISTANCE OF 51.42 FEET TO A POINT OF TANGENCY; 3) THENCE NORTH 73 DEGREES 21 MINUTES 59 SECONDS EAST, 46.35 FEET; 4) THENCE NORTH 16 DEGREES 38 MINUTES 01 SECONDS WEST, 169.95 FEET; 5) THENCE NORTH 73 DEGREES 06 MINUTES 04 SECONDS EAST, 103.50 FEET; 6) THENCE NORTH 38 DEGREES 18 MINUTES 44 SECONDS EAST, 89.10 FEET; 7) THENCE NORTH 19 DEGREES 08 MINUTES 07 SECONDS WEST, 93.56 FEET; 8) THENCE NORTH 41 DEGREES 25 MINUTES 14 SECONDS WEST, 272.11 FEET; 9) THENCE NORTH 55 DEGREES 29 MINUTES 56 SECONDS EAST, 105.46 FEET; 10) THENCE NORTH 41 DEGREES 25 MINUTES 18 SECONDS WEST, 131.40 FEET; THENCE NORTH 48 DEGREES 34 MINUTES 42 SECONDS EAST, 181.58 FEET; THENCE SOUTH 41 DEGREES 16 MINUTES 24 SECONDS EAST, 75.41 FEET; THENCE NORTH 88 DEGREES 49 MINUTES 02 SECONDS EAST, 303.11 FEET TO THE POINT OF BEGINNING ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. SUBDIVIDED PROPERTY CONTAINS 8.861 ACRES, MORE OR LESS AND ALL DISTANCES ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF. Unit 25 THAT PART OF THE NORTHEAST QUARTER AND SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 01 DEGREES 10 MINUTES 35 SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 637.16 FEET; THENCE SOUTH 88 DEGREES 49 MINUTES 02 SECONDS WEST, 303.11 FEET; THENCE NORTH 41 DEGREES 16 MINUTES 24 SECONDS WEST, 75.41 FEET; THENCE SOUTH 48 DEGREES 34 MINUTES 42 SECONDS WEST, 181.58 FEET TO THE EASTERLY LINE OF LOT 3051 IN GRANDE RESERVE - UNIT 14 RECORDED AS DOCUMENT 200600023023; THENCE ALONG SAID EASTERLY LINE FOR THE FOLLOWING SIX (6) COURSES: 1) THENCE NORTH 41 DEGREES 25 MINUTES 18 SECONDS WEST, 27.00 FEET TO A POINT OF CURVATURE; 2) THENCE NORTHWESTERLY, ALONG A CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 383.00 FEET, AN ARC DISTANCE OF 35.89 FEET, A CHORD BEARING NORTH 38 DEGREES 44 MINUTES 15 SECONDS WEST, AND A CHORD DISTANCE OF 35.87 FEET TO A POINT OF NON-TANGENCY; 3) THENCE SOUTH 76 DEGREES 26 MINUTES 26 SECONDS WEST, 185.87 FEET; 4) THENCE NORTH 13 DEGREES 33 MINUTES 34 SECONDS WEST, 210.95 FEET; 5) THENCE NORTH 01 DEGREES 10 MINUTES 58 SECONDS WEST, 82.19 FEET; 6) THENCE NORTH 85 DEGREES 33 MINUTES 59 SECONDS WEST, 28.23 FEET TO A POINT ON A NON-TANGENT CURVE BEING THE EAST LINE OF TUSCANY TRAIL AS DEDICATED PER DOCUMENT 200600035289; THENCE ALONG SAID EAST LINE OF TUSCANY TRAIL FOR THE FOLLOWING FOUR (4) COURSES: 1) THENCE NORTHERLY, ALONG A CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 885.00 FEET, AN ARC DISTANCE OF 49.49 FEET, A CHORD BEARING NORTH 02 DEGREES 49 MINUTES 54 SECONDS EAST, AND A CHORD DISTANCE OF 49.48 FEET TO A POINT OF TANGENCY; 2) THENCE NORTH 01 DEGREES 13 MINUTES 47 SECONDS EAST, 138.04 FEET TO A POINT OF CURVATURE; 3) THENCE NORTHEASTERLY, ALONG A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 365.00 FEET, AN ARC DISTANCE OF 300.45 FEET, A CHORD BEARING NORTH 24 DEGREES 48 MINUTES 40 SECONDS EAST, AND A CHORD DISTANCE OF 292.04 FEET TO A POINT OF TANGENCY; 4) THENCE NORTH 48 DEGREES 23 MINUTES 32 SECONDS EAST, 271.11 FEET TO A POINT OF CUSP, ON THE SOUTHERLY LINE OF LOT 3036 IN GRANDE RESERVE - UNIT 23 RECORDED AS DOCUMENT 200600040560; THENCE ALONG THE SOUTHERLY LINE OF LOT 3036 FOR THE FOLLOWING THREE (3) COURSES: 1) THENCE SOUTHWESTERLY, ALONG A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET, AN ARC DISTANCE OF 12.57 FEET, A CHORD BEARING SOUTH 33 DEGREES 59 MINUTES 21 SECONDS WEST, AND A CHORD DISTANCE OF 12.44 FEET TO A POINT OF NON-TANGENCY; 2) THENCE SOUTH 68 DEGREES 30 MINUTES 06 SECONDS EAST, 485.59 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER; 3) THENCE SOUTH 01 DEGREES 11 MINUTES 07 SECONDS EAST ALONG SAID EAST LINE, 31.62 FEET TO THE POINT OF BEGINNING, ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. SUBDIVIDED PROPERTY CONTAINS 13.157 ACRES, MORE OR LESS AND ALL DISTANCES ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF. Unit 18 LOTS 141-144 = 6,678 SQ. FT. (0.153 ACRES) LOTS 151-154 = 6,678 SQ. FT. (0.153 ACRES) LOTS 161-164 = 6,673 SQ. FT. (0.153 ACRES) LOTS 171-174 = 6,678 SQ. FT. (0.153 ACRES) LOTS 181-184 = 6,678 SQ. FT. (0.153 ACRES) LOTS 191-194 = 6,678 SQ. FT. (0.153 ACRES) LOTS 201-204 = 6,678 SQ. FT. (0.153 ACRES) LOTS 211-214 = 6,678 SQ. FT. (0.153 ACRES) LOTS 221-224 = 6,678 SQ. FT. (0.153 ACRES) LOTS 231-234 = 6,658 SQ. FT. (0.153 ACRES) LOTS 241-244 = 6,678 SQ. FT. (0.153 ACRES) LOTS 251-254 = 6,670 SQ. FT. (0.153 ACRES) LOTS 501-504 = 6,678 SQ. FT. (0.153 ACRES) LOTS 511-514 = 6,678 SQ. FT. (0.153 ACRES) LOTS 521-524 = 6,627 SQ. FT. (0.152 ACRES) LOTS 531-534 = 6,678 SQ. FT. (0.153 ACRES) LOTS 541-544 = 6,678 SQ. FT. (0.153 ACRES) LOT 3054 = 104,779 SQ. FT. (3.232 ACRES) LOT 3055 = 39,442 SQ. FT. (0.905 ACRES) RIGHT-OF-WAY = 92,302 SQ. FT. (2.120 ACRES) TOTAL AREA = 385,965 SQ. FT. (8.861 ACRES Unit 25 LOTS 261-264 = 6,678 SQ. FT. (0.153 ACRES) LOTS 271-274 = 6,678 SQ. FT. (0.153 ACRES) LOTS 281-284 = 6,678 SQ. FT. (0.153 ACRES) LOTS 291-294 = 6,656 SQ. FT. (0.153 ACRES) LOTS 301-304 = 6,678 SQ. FT. (0.153 ACRES) LOTS 311-314 = 6,678 SQ. FT. (0.153 ACRES) LOTS 321-324 = 6,678 SQ. FT. (0.153 ACRES) LOTS 331-334 = 6,678 SQ. FT. (0.153 ACRES) LOTS 341-344 = 6,678 SQ. FT. (0.153 ACRES) LOTS 351-354 = 6,678 SQ. FT. (0.153 ACRES) LOTS 361-364 = 6,678 SQ. FT. (0.153 ACRES) LOTS 371-374 = 6,678 SQ. FT. (0.153 ACRES) LOTS 381-384 = 6,678 SQ. FT. (0.153 ACRES) LOTS 391-394 = 6,589 SQ. FT. (0.151 ACRES) LOTS 401-404 = 6,678 SQ. FT. (0.153 ACRES) LOTS 411-414 = 6,678 SQ. FT. (0.153 ACRES) LOTS 421-424 = 6,678 SQ. FT. (0.153 ACRES) LOTS 431-434 = 6,675 SQ. FT. (0.153 ACRES) LOTS 441-444 = 6,678 SQ. FT. (0.153 ACRES) LOTS 451-454 = 6,678 SQ. FT. (0.153 ACRES) LOTS 461-464 = 6,678 SQ. FT. (0.153 ACRES) LOTS 471-474 = 6,678 SQ. FT. (0.153 ACRES) LOTS 481-484 = 6,674 SQ. FT. (0.153 ACRES) LOTS 491-494 = 6,678 SQ. FT. (0.153 ACRES) LOT 3052 = 95,267 SQ. FT. (2.187 ACRES) LOT 3053 = 186,069 SQ. FT. (4.272 ACRES) RIGHT-OF-WAY = 131,643 SQ. FT. (3.028 ACRES) TOTAL AREA = 573,133 SQ. FT. (13.157 ACRES) Legal Description for Units 18 & 25 located in Grande Reserve Subdivision Yorkville, Illinois: 9/13/2024 EXHIBIT A Legal Description Unit 18 THAT PART OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 01 DEGREES 10 MINUTES 35 SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 637.16 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 01 DEGREES 10 MINUTES 35 SECONDS EAST CONTINUING ALONG SAID EAST LINE, 851.77 FEET TO THE NORTH LINE OF COMMONWEALTH EDISON COMPANY TRACT RECORDED AS DOCUMENT 19730003089; THENCE SOUTH 73 DEGREES 21 MINUTES 21 SECONDS WEST ALONG SAID NORTH LINE, 518.26 FEET TO THE EASTERLY LINE OF GRANDE RESERVE - UNIT 14 RECORDED AS DOCUMENT 200600023023; THENCE ALONG SAID EASTERLY LINE FOR THE FOLLOWING TEN (10) COURSES: 1) THENCE NORTH 00 DEGREES 01 MINUTES 02 SECONDS WEST, 195.86 FEET TO A POINT ON A NON-TANGENT CURVE; 2) THENCE EASTERLY, ALONG A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 183.00 FEET, AN ARC DISTANCE OF 51.59 FEET, A CHORD BEARING NORTH 81 DEGREES 26 MINUTES 34 SECONDS EAST, AND A CHORD DISTANCE OF 51.42 FEET TO A POINT OF TANGENCY; 3) THENCE NORTH 73 DEGREES 21 MINUTES 59 SECONDS EAST, 46.35 FEET; 4) THENCE NORTH 16 DEGREES 38 MINUTES 01 SECONDS WEST, 169.95 FEET; 5) THENCE NORTH 73 DEGREES 06 MINUTES 04 SECONDS EAST, 103.50 FEET; 6) THENCE NORTH 38 DEGREES 18 MINUTES 44 SECONDS EAST, 89.10 FEET; 7) THENCE NORTH 19 DEGREES 08 MINUTES 07 SECON DS WEST, 93.56 FEET; 8) THENCE NORTH 41 DEGREES 25 MINUTES 14 SECONDS WEST, 272.11 FEET; 9) THENCE NORTH 55 DEGREES 29 MINUTES 56 SECONDS EAST, 105.46 FEET; 10) THENCE NORTH 41 DEGREES 25 MINUTES 18 SECONDS WEST, 131.40 FEET; THENCE NORTH 48 DEGREES 34 MINUTES 42 SECONDS EAST, 181.58 FEET; THENCE SOUTH 41 DEGREES 16 MINUTES 24 SECONDS EAST, 75.41 FEET; THENCE NORTH 88 DEGREES 49 MINUTES 02 SECONDS EAST, 303.11 FEET TO THE POINT OF BEGINNING ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. SUBDIVIDED PROPERTY CONTAINS 8.861 ACRES, MORE OR LESS AND ALL DISTANCES ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF. UNITS 18 & 25 GRANDE RESERVE, UNITED CITY OF YORKVILLE, ILLINOIS 1 Legal Description for Units 18 & 25 located in Grande Reserve Subdivision Yorkville, Illinois: 9/13/2024 EXHIBIT A Legal Description Unit 25 THAT PART OF THE NORTHEAST QUARTER AND SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 01 DEGREES 10 MINUTES 35 SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 637.16 FEET; THENCE SOUTH 88 DEGREES 49 MINUTES 02 SECONDS WEST, 303.11 FEET; THENCE NORTH 41 DEGREES 16 MINUTES 24 SECONDS WEST, 75.41 FEET; THENCE SOUTH 48 DEGREES 34 MINUTES 42 SECONDS WEST, 181.58 FEET TO THE EASTERLY LINE OF LOT 3051 IN GRANDE RESERVE - UNIT 14 RECORDED AS DOCUMENT 200600023023; THENCE ALONG SAID EASTERLY LINE FOR THE FOLLOWING SIX (6) COURSES: 1) THENCE NORTH 41 DEGREES 25 MINUTES 18 SECONDS WEST, 27.00 FEET TO A POINT OF CURVATURE; 2) THENCE NORTHWESTERLY, ALONG A CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 383.00 FEET, AN ARC DISTANCE OF 35.89 FEET, A CHORD BEARING NORTH 38 DEGREES 44 MINUTES 15 SECONDS WEST, AND A CHORD DISTANCE OF 35.87 FEET TO A POINT OF NON -TANGENCY; 3) THENCE SOUTH 76 DEGREES 26 MINUTES 26 SECONDS WEST, 185.87 FEET; 4) THENCE NORTH 13 DEGREES 33 MINUTES 34 SECONDS WEST, 210.95 FEET; 5) THENCE NORTH 01 DEGREES 10 MINUTES 58 SECONDS WEST, 82.19 FEET; 6) THENCE NORTH 85 DEGREES 33 MINUTES 59 SECONDS WEST, 28.23 FEET TO A POINT ON A NON -TANGENT CURVE BEING THE EAST LINE OF TUSCANY TRAIL AS DEDICATED PER DOCUMENT 200600035289; THENCE ALONG SAID EAST LIN E OF TUSCANY TRAIL FOR THE FOLLOWING FOUR (4) COURSES: 1) THENCE NORTHERLY, ALONG A CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 885.00 FEET, AN ARC DISTANCE OF 49.49 FEET, A CHORD BEARING NORTH 02 DEGREES 49 MINUTES 54 SECONDS EAST, AND A CHORD DISTANCE OF 49.48 FEET TO A POINT OF TANGENCY; 2) THENCE NORTH 01 DEGREES 13 MINUTES 47 SECONDS EAST, 138.04 FEET TO A POINT OF CURVATURE; 3) THENCE NORTHEASTERLY, ALONG A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 365.00 FEET, AN ARC DISTANCE OF 300.45 FEET, A CHORD BEARING NORTH 24 DEGREES 48 MINUTES 40 SECONDS EAST, AND A CHORD DISTANCE OF 292.04 FEET TO A POINT OF TANGENCY; 4) THENCE NORTH 48 DEGREES 23 MINUTES 32 SECONDS EAST, 271.11 FEET TO A POINT OF CUSP, ON THE SOUTHERLY LINE OF LOT 3036 IN GRANDE RESERVE - UNIT 23 RECORDED AS DOCUMENT 200600040560; THENCE ALONG THE SOUTHERLY LINE OF LOT 3036 FOR THE FOLLOWING THREE (3) COURSES: 1) THENCE SOUTHWESTERLY, ALONG A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET, AN ARC DISTANCE OF 12.57 FEET, A CHORD BEARING SOUTH 33 DEGREES 59 MINUTES 21 SECONDS WEST, AND A CHORD DISTANCE OF 12.44 FEET TO A POINT OF NON-TANGENCY; 2) THENCE SOUTH 68 DEGREES 30 MINUTES 06 SECONDS EAST, 485.59 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER; 3) THENCE SOUTH 01 DEGREES 11 MINUTES 07 SECONDS EAST ALONG SAID EAST LINE, 31.62 FEET TO THE POINT OF BEGINNING, ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. SUBDIVIDED PROPERTY CONTAINS 13.157 ACRES, MORE OR LESS AND ALL DISTANCES ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF. UNITS 18 & 25 GRANDE RESERVE, UNITED CITY OF YORKVILLE, ILLINOIS 2 Legal Description for Units 18 & 25 located in Grande Reserve Subdivision Yorkville, Illinois: 9/13/2024 EXHIBIT B Lot Areas and Dimensions Unit 18 LOTS 141-144 = 6,678 SQ. FT. (0.153 ACRES) LOTS 151-154 = 6,678 SQ. FT. (0.153 ACRES) LOTS 161-164 = 6,673 SQ. FT. (0.153 ACRES) LOTS 171-174 = 6,678 SQ. FT. (0.153 ACRES) LOTS 181-184 = 6,678 SQ. FT. (0.153 ACRES) LOTS 191-194 = 6,678 SQ. FT. (0.153 ACRES) LOTS 201-204 = 6,678 SQ. FT. (0.153 ACRES) LOTS 211-214 = 6,678 SQ. FT. (0.153 ACRES) LOTS 221-224 = 6,678 SQ. FT. (0.153 ACRES) LOTS 231-234 = 6,658 SQ. FT. (0.153 ACRES) LOTS 241-244 = 6,678 SQ. FT. (0.153 ACRES) LOTS 251-254 = 6,670 SQ. FT. (0.153 ACRES) LOTS 501-504 = 6,678 SQ. FT. (0.153 ACRES) LOTS 511-514 = 6,678 SQ. FT. (0.153 ACRES) LOTS 521-524 = 6,627 SQ. FT. (0.152 ACRES) LOTS 531-534 = 6,678 SQ. FT. (0.153 ACRES) LOTS 541-544 = 6,678 SQ. FT. (0.153 ACRES) LOT 3054 = 104,779 SQ. FT. (3.232 ACRES) LOT 3055 = 39,442 SQ. FT. (0.905 ACRES) RIGHT-OF-WAY = 92,302 SQ. FT. (2.120 ACRES) TOTAL AREA = 385,965 SQ. FT. (8.861 ACRES Unit 25 LOTS 261-264 = 6,678 SQ. FT. (0.153 ACRES) LOTS 271-274 = 6,678 SQ. FT. (0.153 ACRES) LOTS 281-284 = 6,678 SQ. FT. (0.153 ACRES) LOTS 291-294 = 6,656 SQ. FT. (0.153 ACRES) LOTS 301-304 = 6,678 SQ. FT. (0.153 ACRES) LOTS 311-314 = 6,678 SQ. FT. (0.153 ACRES) LOTS 321-324 = 6,678 SQ. FT. (0.153 ACRES) LOTS 331-334 = 6,678 SQ. FT. (0.153 ACRES) LOTS 341-344 = 6,678 SQ. FT. (0.153 ACRES) LOTS 351-354 = 6,678 SQ. FT. (0.153 ACRES) LOTS 361-364 = 6,678 SQ. FT. (0.153 ACRES) LOTS 371-374 = 6,678 SQ. FT. (0.153 ACRES) LOTS 381-384 = 6,678 SQ. FT. (0.153 ACRES) LOTS 391-394 = 6,589 SQ. FT. (0.151 ACRES) LOTS 401-404 = 6,678 SQ. FT. (0.153 ACRES) LOTS 411-414 = 6,678 SQ. FT. (0.153 ACRES) LOTS 421-424 = 6,678 SQ. FT. (0.153 ACRES) LOTS 431-434 = 6,675 SQ. FT. (0.153 ACRES) LOTS 441-444 = 6,678 SQ. FT. (0.153 ACRES) LOTS 451-454 = 6,678 SQ. FT. (0.153 ACRES) LOTS 461-464 = 6,678 SQ. FT. (0.153 ACRES) LOTS 471-474 = 6,678 SQ. FT. (0.153 ACRES) LOTS 481-484 = 6,674 SQ. FT. (0.153 ACRES) LOTS 491-494 = 6,678 SQ. FT. (0.153 ACRES) LOT 3052 = 95,267 SQ. FT. (2.187 ACRES) LOT 3053 = 186,069 SQ. FT. (4.272 ACRES) RIGHT-OF-WAY = 131,643 SQ. FT. (3.028 ACRES) TOTAL AREA = 573,133 SQ. FT. (13.157 ACRES) UNITS 18 & 25 GRANDE RESERVE, UNITED CITY OF YORKVILLE, ILLINOIS 3 PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATEREVISIONSDRAWN BYTMGRANDE RESERVE - UNIT 18UNITED CITY OF YORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION13 PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATEREVISIONSDRAWN BYTMGRANDE RESERVE - UNIT 18UNITED CITY OF YORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION23 PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATEREVISIONSDRAWN BYTMGRANDE RESERVE - UNIT 18UNITED CITY OF YORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION3340814081062-069635 PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATEREVISIONSDRAWN BYTMGRANDE RESERVE - UNIT 18UNITED CITY OF YORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION13 PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATEREVISIONSDRAWN BYTMGRANDE RESERVE - UNIT 18UNITED CITY OF YORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION23 PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATEREVISIONSDRAWN BYTMGRANDE RESERVE - UNIT 18UNITED CITY OF YORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION3340814081062-069635 I have reviewed the application for Final Plat of Subdivision of Grande Reserve Units 18 and 25 (Neighborhood 3) received September 13, 2024 and revised September 18, 2024, as submitted by Cesar Cruz on behalf of GR Yorkville Residents, LLC, owner/petitioner. The Final Plats were prepared by Manhard Consulting, Ltd and dated last revised 09/18/24. The petitioner is seeking Final Plat approval for an approximately 22-acre site consisting of 164 new residential townhome lots and four (4) open space outlots located north of the BNSF railroad and east of Tuscany Trail in Yorkville. These lots will complete Neighborhood 3 and this quadrant of the Grande Reserve development. Based upon my review of the application documents and plans; I have compiled the following comments: GENERAL ZONING/ANNEXATION AGREEMENT COMMENTS: 1. ZONING - The subject property was annexed in 2003 and was zoned R-2 Single-Family Traditional Residence District with a special use for a Planned Unit Development. The following are the current immediate surrounding zoning and land uses: Zoning Land Use North Tuscany Trail R-2 Planned Unit Development (Grande Reserve) Transportation Residential South Burlington Northern Santa Fe (BNSF) Railroad Commonwealth Edison Easement R-2 Planned Unit Development (Grande Reserve) Transportation Utility Residential East R-2 Planned Unit Development (Grande Reserve) Open Space (Grande Reserve Park A) Residential Park West R-4 General Residential PUD (Village of Oswego)1 Residential (Undeveloped) 2. ANNEXATION AGREEMENT – Per Group Exhibit “D” of the Annexation Agreement (Ord. 2003-44) it is stated that the “CITY, OWNERS and DEVELOPER acknowledge that the number of dwelling units to be approved on future preliminary and final plats may be more than or less than that described in the Concept Plan…” Further it states, “Any plan for a phase of development that does not exceed the total number of dwelling units allowed in said Neighborhoods shall be deemed to be in substantial conformance with the Concept Plan.” 1 Approx. 100-acre parcel is owned by Tuscany Station, LLC which was approved for a 480-unit apartment complex and 164 single family development in 2023 and will be developed by Abby Properties, an affiliate of the petitioner. Source: https://www.shawlocal.com/kendall-county-now/2023/01/16/oswego-village-board-approves-subdivision- with-480-unit-apartment-complex-metra-station-lot-in-split-ballot/ Memorandum To: Plan Council From: Krysti Barksdale-Noble, Community Development Director Date: October 2, 2024 Subject: PZC 2024-27 Grande Reserve – Units 18 & 25 (Final Plat) Proposal for 164 townhomes in 2 new units of Grande Reserve Below is a comparison of the approved Concept Plan PUD dwelling unit count (Group Exhibit “C”) and the proposed final plat dwelling unit count for each unit in Neighborhood 3: NEIGHBORHOOD 3 (UNIT) UNIT TYPE APPROVED DWELLING UNITS CONCEPT PUD PLAN PROPOSED/APPROVED DWELLING UNITS FINAL PLAT Unit 13 TH 36 36 Unit 14 TH 44 44 Unit 18 TH 82 68 Unit 25 TH 83 96 TOTAL 245 244 • Neighborhood 3 Density – Per Exhibit “D7” of the Annexation Agreement, the overall approved maximum density for Neighborhood 3 is 6 units/acre (245 units on 43.2 acres). With the proposed reduction of one (1) dwelling unit in Neighborhood 3, the density remains unchanged. • Cul-de-sacs – Per Ordinance 2003-44, Paragraph 19C, the Homeowners Associations (HOA) Neighborhood 3 is required to pay for and perform all snowplowing of cul- de-sacs, even though all roads within the neighborhoods will be public roads. The HOA does not have the snowplowing obligation for all other roadways within the neighborhoods. o Unit 18 appears to have two (2) cul-de-sacs or “bump-outs” on Preston Drive.  Staff defers to the City Engineer and Public Works Director if these qualify as cul-de-sacs. o Unit 25 has two (2) cul-de-sacs, Collins Court and Whiteside Court. • Declarations of CCRs – Group Exhibit “D”, paragraph B of the Annexation Agreement requires that the developer submit a copy of the proposed Declaration of Covenants, Restrictions and Easements to be reviewed by the City. The declarations shall be recorded at the same time with the final plat for each phase. • Dormant Special Service Area (SSA) – Per paragraph 19D of the Annexation Agreement, the City may elect to establish a dormant special service area to act as a backup in the event the association fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage within the development. 3. BUILDING SETBACKS/VARIANCE SCHEDULE – The following building setbacks are for parcels located in Neighborhood 3, per “Exhibit E-1 Grande Reserve Variance Schedule for Neighborhoods 2-19” of the Annexation Agreement: BUILDING SETBACK REQUIRED MINIMUM PROPOSED SETBACK Front 25’ 25’ Side (Corner) 20’ 20’ Perimeter 30’ 30’ Side Building to Side Building Min. 20’ TBD Side Building to Rear Building Min. 40’ TBD Rear Building to Rear Building Min. 60’ TBD Front Building to Side Building Min. 50’ TBD Front Building to Front Building Min. 50’ TBD Rear Building to Front Building Min. 100’ TBD The proposed yard setbacks illustrated on the final plats meet the minimum requirements established in the original annexation agreement. The building-to- building separation requirements have been provided as reference for future layout of structures on the lots. 4. APPEARANCE STANDARDS • Per Exhibit “D5” in the original Annexation Agreement (Ord. 2003-44) Architectural Design Standards are established for townhome development and conceptual building elevations were provided in Exhibit “D2”. Further it is stated that “all owners and developers agree to impose architectural design standards relating to façade materials, accessory structures, and other building restrictions at the time of final plat submittal for each unit. o These standards will be submitted for city review and approval prior to City Council approval of the final plat of subdivision, and must address the following:  Color Schemes  Deck & Patio Specifications  Fence Specifications  Restrictions on Accessory Buildings  Restrictions on Housing Styles  Minimum Square Footage  Building Materials  Roof Specifications o It is also stated in the Economic Incentive Agreement approved via ord. 2021-13, that currently not platted areas must submit architectural standards at time of final plat. • Per the City’s Appearance Standards in Chapter 10-5-8 of the Unified Development Ordinance (UDO) Masonry products shall be incorporated on the front facade of at least seventy-five (75) percent of the total buildings and shall incorporate a minimum of fifty (50) percent premium siding material on the front facade. No less than half (twenty-five (25) percent of the total) of the minimum "premium siding" requirements must incorporate masonry products. o Credit toward the remaining "premium siding" requirement can be earned via the use of major architectural features. Each major architectural feature used will earn a credit of ten (10) percent towards the calculation of the minimum premium siding requirement. o Premium siding material includes masonry products, culture stone, natural wood siding and synthetic stucco. • Petitioner has not submitted elevations for townhomes in Units 18 and 25. Building elevations/color renderings of all proposed townhome models must be provided and reviewed by staff before the request can advance to the nest scheduled meeting. FINAL PLAT OF SUBDIVISION COMMENTS: 1. PREVIOUSLY APPROVED PRELIMINARY PLANS – Preliminary/Final Plats for both Units 18 and 25 were approved by the City Council in June and December of 2006, respectively, but were never recorded and have since expired. Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Date: September 23, 2024 To: Krysti Barksdale Noble, Community Development Director From: James Jensen, Chief of Police Reference: Plan Review Grand Reserve Units 18 & 25 and Unit 21 List Project Name Grand Reserve Units 18 & 25 and Unit 21 List Applicant Name List Project Manager List Project Number PZC 2024-27 & 2024-28 Grande Reserve Units 18 & 25 And Unit 21 (Final Plat) Please see comments listed below pertaining to the project referenced above: Signage Handicapped Signage Required: __X__ Yes ____ No Comments: Handicapped parking has been identified. Proper signage is required. **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 Comments: N/A No Parking Signage Required? __X__ Yes ____ No __X__ No Parking After 2” Snow Fall Comments: No parking after 2” snow fall on Preston Drive. No Parking Locations: No parking locations should be clearly marked Dedicated parking signage needed? ____ Yes __X__ No ____ Located by Park ____ School Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 ____ Common Parking Area Are there Street Name Conflicts? ____ Yes __X__ No Comments: Will Preston Drive be marked as Preston North or South? Building & Apartment Numbering Exterior Building Signs Requested ON Building __X__ Yes ____ No Comments: For immediate emergency response having ON building or signage in front of each building identifying the building and townhome numbers would be helpful. Pedestrian/Bike Path Crossing Signage? __X__ Yes ____ No Warning Ahead Signs are Required Comments: I assume this will connect to the bike path. Whatever signage we currently use in other developments for bike paths should be included (i.e. no motorized vehicles, stop signs, etc.). If violations of HOA rules are not police enforced then no signage is being requested. NO Construction Traffic Signage being requested? __X__ Yes ____ No Location: No construction traffic signs should be posted at the entrance to adjacent subdivision. Construction traffic should only use Preston (new development) and Tuscany Trail to Mill Road. ***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 MUTCD 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? __X__ Yes ____ No Comments: On Preston Drive only. Center Roadway Medians: ____ Yes ____ No Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 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 __X__ No Comments: N/A Landscape Low Growth or Ground Cover Landscaping? ____ Yes ____ No Low Growth or Ground Cover Landscaping by windows? ____ Yes ____ No Low Growth or Ground Cover Landscaping by Entrances __X__ Yes ____ No Comments: Landscaping at the intersection of Tuscany and Preston should be limited for site line issues. ***Landscaping located near the entrance/exits should include ONLY low growth or ground cover so as to not obstruct site lines*** Ingress / Egress Entrance/Exits match up with adjacent driveways? __X__ Yes ____ No Total Entrance/Exits for development? __2__ Are vehicle entrance/exits safe? __X__ Yes ____ No Are warning signs for cross traffic requested? __X__ Yes ____ No Comments: Cross traffic signage should be posted on Tuscany Trail for North and South Preston. Raised Median & Signage for Right in & Right Out? ____ Yes __X__ No Comments: N/A Emergency Contact for after hours during construction: __________________________ Comments: Please provide information __________________________ Is this a gated or controlled access development? ____ Yes __X__ No If yes, will police & Fire and Access? ____ Yes ____ No Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Miscellaneous Individual Mailboxes? ____ Yes ____ No Cluster Mailbox Kiosks? __X__ Yes ____ No Will this cause traffic choke points? ____ Yes ____ No Comments: Cluster mailboxes should be out of the way of general traffic flow. Are sidewalks being planned for the development? __X__ Yes ____ No Comments: N/A Are sidewalk crosswalks needed? __X__ Yes ____ No Comments: Only if crossing major roadway. Are there bike paths planned for the development? __X__ Yes ____ No Comments: N/A Proper Signage needed for bike paths __X__ Yes ____ No ____ Stop Signs ____ Yield Signs __X__ NO Motorized Vehicles ____ Trespassing ____ Other _______________________________________ Are there HOA Controlled Roadway OR Parking Areas? ____ Yes ____ No Comments: Is this area controlled by HOA or will police be able to enforce stopping, standing, parking related issues? Who is responsible for re-surfacing and re-striping? N/A Security Will security cameras be in use? ____ Yes ____ No Comments: Will security cameras be in use around the property? If requested will those in charge of the cameras work with the police department for video related evidence? Would Police Department access to the exterior cameras for emergency purposes be allowed? Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 We assume access to the building will be controlled. Will the police department have access to the building for emergencies? ____ Yes ____ No Comments: N/A What are the business Hours of Operation? N/A Will the property be alarmed? ____ Yes ____ No Comments: N/A Will you provide Floor Plans/Maps to the police department to be used for emergency purposes only? ____ Yes ____ No Comments: We would request a copy of the floor plans to be used for emergency purposes only. 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. Unit 16 Unit 9 Unit 6 Unit 8 Unit 4 Unit 1 Unit 23 Unit 3 Unit 7 Unit 2 Unit 5 Unit 24 Unit 11 Unit 26 Unit 17 Unit 14 Unit 27 Unit 28 Unit 10 Unit 25Unit 21 Unit 13 Unit 20 Unit 15 Unit 22 Unit 18 Unit 19Unit 12 Unit 12 Mill GalenaKennedyG r a n d e VeteransBri s t o l R i d g e SundownDicksonTuscany RickardEm e r a l d McLel lan Wil l o w Berrywood AldenManchester JusticeM a t l o c kGordon BurrConcordOrchidCrimsonPa r k w a y Je t e r Julie FosterUS Route 34Patterson CoralCannonballOl d G l o r yRobert CryderGrape VineSunsetLewis B a i l e y Holly SeeleyRoodPecos HighlandLarkspurMill BrookCypress SiennaCharlesEdytheThomasSimon Pine RidgeRoyal Oaks Anna Maria River WoodLa v e n d a r Dogwood HobbsParkLehmanBig Bend LindenHuntington Squire EllsworthLy m a n Am e r i c a n Preston CranstonBisselHartfieldJuanita BradySag e OaklawnHennin g Lyncl i f f Freedom DivisionWestgateBrooksideCanyonLa k e v i e w Prairie CrossingGains Ridge Rehb ehn Hatch Meadowwood Kellogg Ellory BristolBasswood AllegianceWaterman CobaltShoegerSilver City Owen NickersonDa v i d R o y a l MaddenKetchum CieloStorybook Baum ann Grande T r a i l BurgandyReliance DivisionHighland Pr e s t o n Just i c e CryderConcord River Wood River W o o d Burr Engineering Enterprises52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-9350 Grande ReserveFinal Plat Exhibit www.eeiweb.com DATE: PROJECT NO.: FILE: PATH: BY: SEPTEMBER 2024 YO2400 YO2400- GR Final Plat Location.MXD H:\GIS\PUBLIC\YORKVILLE\2024\ MJT ³United City of Yorkville 651 Prairie Pointe Dr.Yorkville, IL 60560 Final Platted Unplatted 1,000 0 1,000500 Feet 1 REQUEST SUMMARY: The petitioner, Cesar Cruz on behalf of GR Yorkville Residents, LLC, owner, is seeking Final Plat approval for an approximately 10- acre site consisting of 60 new residential duplex dwelling units on 30 lots located west of the intersection of Crooker Drive and Brady Street in Yorkville. These lots will complete Neighborhood 2 and, along with Units 18 and 25, this portion north of Mill Road in the Grande Reserve development (refer to map on the right). The proposed 60 units reflect a minor reduction of four (4) units from the originally planned and approved PUD for this location under the 2003 annexation agreement. Furthermore, the petitioner is requesting approval of architectural style guidelines for the duplex building facades within the proposed final platted sections, as stipulated by both the initial annexation agreement and a 2021 economic incentive agreement. ZONING AND LAND USE: The subject property was annexed in 2003 and was zoned R-2 Single-Family Traditional Residence District with a special use for a Planned Unit Development (PUD). The following are the current immediate surrounding zoning and land uses: Zoning Land Use North R-2 Planned Unit Development (Grande Reserve) Residential South R-2 Planned Unit Development (Grande Reserve) Residential East R-2 Planned Unit Development (Grande Reserve) Residential West R-1 and B-3 Planned Unit Development (Cross Evangelical Lutheran) Loving Arms Child Care Memorandum To: Planning & Zoning Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: November 5, 2024 Subject: PZC 2024-28 Grande Reserve – Unit 21 (Final Plat) Proposed Approval of 60 New Duplexes (30 Lots) in Grande Reserve 2 PROPOSED FINAL PLAT OF SUBDIVISION: The Preliminary/Final Plats for Unit 21 were approved by the City Council in July 2006 but were never recorded, and they have since expired. The proposed Final Plat of Subdivision generally aligns with the originally approved plans, though it shows minor differences in the number of units compared to the Concept PUD Plan. Per Group Exhibit “D” of the Annexation Agreement (Ord. 2003-44), the "CITY, OWNERS, and DEVELOPER acknowledge that the number of dwelling units on future preliminary and final plats may vary from the Concept Plan." It further specifies that "any plan for a phase of development that does not exceed the total number of dwelling units permitted in the Neighborhoods shall be considered in substantial conformance with the Concept Plan." Below is a comparison of the dwelling unit count in the approved Concept Plan PUD (Group Exhibit “C”) and the proposed final plat unit count for each section within Neighborhood 2: NEIGHBORHOOD 2 (UNIT) UNIT TYPE APPROVED DWELLING UNITS CONCEPT PUD PLAN PROPOSED/APPROVED DWELLING UNITS FINAL PLAT Unit 20 DU 62 62 Unit 21 DU 64 60 TOTAL 126 122 Per Exhibit “D7” of the Annexation Agreement, the overall approved maximum density for Neighborhood 2 is 6 units/acre (126 units on 24.9 acres). With the proposed reduction of four (4) dwelling units (2 lots) in Neighborhood 2, the density remains relatively unchanged. 3 The area breakdown of the proposed final platted areas are as follows: Building Setbacks: Proposed lot setbacks for front, side, and perimeter yards are consistent with the requirements established for parcels located in Neighborhoods 2, per “Exhibit E-1 Grande Reserve Variance Schedule for Neighborhoods 2-19” of the Annexation Agreement, as detailed below: BULK REGULATIONS REQUIRED MINIMUM PROPOSED Minimum Lot Size 10,000 sq.ft. 10,080 sq. ft. Minimum Lot Width 75 ft. 75 ft. Front Yard 30 ft. 30 ft. Side (Corner) Yard 30 ft. 30 ft. Side (Interior) Yard 10 ft. 10 ft. Rear Yard 30 ft. 30ft. Note, the Typical Lot Detail is inconsistent with the actual lot dimensions, specifically with regard to lot size (less than 10,000req.), front building setback (shows 20 ft.), and lot width is not provided. The petitioner will revise prior to recordation of the Final Plat. ANNEXATION AGREEMENT The original annexation agreement and the subsequent economic incentive agreement had provisions which apply to specific units within Grande Reserve and conditions for final plat approval. Below are applicable provisions to Unit 21 (Neighborhood 2). Declarations of CCRs According to Group Exhibit “D,” paragraph B of the Annexation Agreement, the developer must submit a copy of the proposed Declaration of Covenants, Restrictions, and Easements for the City’s review. These declarations are to be recorded simultaneously with the final plat for each development phase. Upon recordation, this section of Grande Reserve will become part of the existing master association, the Grande Reserve North Community Association, as well as the Pioneer Place sub- association, as updated and redefined in a document recorded in September 2020. APPEARANCE STANDARDS In the original Annexation Agreement (Ord. 2003-44), Architectural Design Standards for townhome development were established, along with conceptual building elevations provided in Exhibit “D2”. Owners and developers must provide standards regulating façade materials, accessory structures, and other building restrictions for each neighborhood in Grande Reserve. The standards must meet or exceed the City’s current appearance standards and also cover aspects such as color schemes, deck and patio specifications, fence specifications, restrictions on accessory buildings, housing styles, minimum square footage, building materials, and roof specifications. Areas not yet platted must submit architectural standards at the time of final plat submission. UNIT 21 - AREA SUMMARY Land Type Acres Square Feet Lots 7.866 342,625 Dedicated Right of Way (Public Streets) 2.137 93,094 TOTAL 10.003 Acres 435,719 SF 4 GR Yorkville Residents, LLC has submitted plan elevations prepared by Abby Properties, LLC for the duplex models proposed in Unit 21. The duplexes will feature three (3) elevation options including architectural shingles, shed and gable-style decorative dormers, face brick, covered porch, and cementious based premium siding on front elevations. The one-story ranch duplex will have front-loaded garages and a basement, ranging between 1,142 – 1,400 square feet per unit. 5 According to Chapter 10-5-8 of the Unified Development Ordinance (UDO), the City's Appearance Standards mandate that at least 75% of the total buildings incorporate masonry products on their front facades. Additionally, these facades must include a minimum of 50% premium siding material. Of this premium siding requirement, at least 25% must be masonry products. Credit towards fulfilling the premium siding requirement can be earned by using major architectural features, with each feature providing a 10% credit. Premium siding materials encompass masonry products, cultured stone, natural wood siding, and synthetic stucco. The provided data table below compares and calculates the elevations to ensure compliance with these UDO Appearance Standards. Below are examples of constructed duplex homes in the adjacent unit southeast of this portion of the subdivision, Unit 20: Duplex Elevation Plans (Unit 21) Appearance Code Requirements Proposed Elevation Masonry product 75% of total buildings 23 of 30 buildings will have min. 50% masonry on façade (76%) Premium Siding 50% on front façade – excluding openings 43% - 50% Premium Siding Material Masonry Siding 25% of premium siding 50% - 57% Masonry Siding Credit for major architectural feature 10% each 20% credit (dormers = yellow; covered porches = red) *Meets Minimum 30% of premium siding requirement 6 Although the proposed elevations meet the minimum appearance standards of the Unified Development Ordinance, staff recommends adding further architectural details to the front elevations. Staff recommended enhancements include incorporating shutters on dormers and windows, as well as adding bay or projecting windows to increase architectural interest. Staff Comments: The proposed Final Plat of Resubdivision has been reviewed by the City’s engineering consultant, Engineering Enterprises Inc., for compliance with the Subdivision Control Ordinance’s Standards for Specification. Comments dated October 9, 2024 was provided to the applicant (see attached). Based upon the review of the proposed Final Plat of Subdivision of Grande Reserve Unit 21, the City Engineer has found the plat to be acceptable with regards to the current subdivision control regulations. Proposed Motion: In consideration of the proposed Final Plat of Subdivision of Grande Reserve Unit 21, the Planning and Zoning Commission recommends approval of the plat and architectural elevations to the City Council as presented by the Petitioner in plans prepared by Manhard Consulting, Ltd. dated last revised 02/07/24 and further subject to {insert any additional conditions of the Planning and Zoning Commission}… Attachments: 1. Copy of Petitioner’s Application 2. Final Plat of Subdivision of Grande Reserve Unit 21 prepared by Manhard Consulting Ltd., dated last revised 02/07/24. 3. Grande Reserve – Unit 21 Duplex Elevations prepared by Abby Properties, LLC. 4. EEI Letter to the City dated March 25, 2024. 5. Plan Council – October 10, 2024 Legal Description for Unit 21 located in Grande Reserve Subdivision Yorkville, Illinois: 9/13/2024 EXHIBIT A Legal Description Unit 21 THAT PART OF THE EAST HALF OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 3030 IN GRANDE RESERVE UNIT 20, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 31, 2006 AS DOCUMENT NUMBER 200600035289; THENCE NORTH 01 DEGREES 21 MINUTES 18 SECONDS WEST, ALONG THE EAST LINE OF LAND DESCRIBED IN DEED RECORDED AS DOCUMENT NUMBER 200500001028, 780.69 FEET; THENCE NORTH 76 DEGREES 07 MINUTES 45 SECONDS EAST, 176.09 FEET; THENCE SOUTH 86 DEGREES 36 MINUTES 11 SECONDS EAST, 152.80 FEET; THENCE SOUTH 89 DEGREES 42 MINUTES 05 SECONDS EAST, 344.84 FEET; THENCE SOUTH 68 DEGREES 37 MINUTES 33 SECONDS EAST, 278.53 FEET TO THE WESTERLY LINE OF AFORESAID GRANDE RESERVE UNIT 20; THENCE ALONG THE WESTERLY LINE OF SAID UNIT 20 FOR THE FOLLOWING SEVENTEEN (17) COURSES: 1) THENCE SOUTH 21 DEGREES 21 MINUTES 11 SECONDS WEST, 186.00 FEET; 2) THENCE SOUTH 68 DEGREES 38 MINUTES 49 SECONDS EAST, 23.36 FEET; 3) THENCE SOUTH 21 DEGREES 21 MINUTES 11 SECONDS WEST, 120.00 FEET; 4) THENCE SOUTH 89 DEGREES 49 MINUTES 06 SECONDS WEST, 78.14 FEET; 5) THENCE NORTH 51 DEGREES 54 MINUTES 01 SECONDS WEST, 99.54 FEET; 6) THENCE NORTH 70 DEGREES 41 MINUTES 59 SECONDS WEST, 78.16 FEET; 7) THENCE NORTH 88 DEGREES 08 MINUTES 29 SECONDS WEST, 78.84 FEET; 8) THENCE NORTH 89 DEGREES 43 MINUTES 31 SECONDS WEST, 168.36 FEET; 9) THENCE SOUTH 31 DEGREES 05 MINUTES 04 SECONDS WEST, 89.64 FEET; 10) THENCE SOUTH 01 DEGREES 21 MINUTES 18 SECONDS EAST, 158.00 FEET; 11) THENCE SOUTH 59 DEGREES 42 MINUTES 37 SECONDS EAST, 57.67 FEET; 12) THENCE SOUTH 37 DEGREES 13 MINUTES 07 SECONDS WEST, 148.98 FEET; 13) THENCE SOUTH 14 DEGREES 40 MINUTES 46 SECONDS WEST, 66.12 FEET TO A POINT ON A NON-TANGENT CURVE; 14) THENCE EASTERLY, ALONG A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 183.00 FEET, AN ARC DISTANCE OF 8.95 FEET, A CHORD BEARING SOUTH 73 DEGREES 55 MINUTES 38 SECONDS EAST, AND A CHORD DISTANCE OF 8.95 FEET TO A POINT OF TANGENCY; 15) THENCE SOUTH 75 DEGREES 19 MINUTES 43 SECONDS EAST, 20.47 FEET; 16) THENCE SOUTH 14 DEGREES 40 MINUTES 17 SECONDS WEST, 120.00 FEET; 17) THENCE NORTH 75 DEGREES 19 MINUTES 43 SECONDS WEST, 248.68 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. UNIT 21 GRANDE RESERVE, UNITED CITY OF YORKVILLE, ILLINOIS 1 Legal Description for Unit 21 located in Grande Reserve Subdivision Yorkville, Illinois: 9/13/2024 EXHIBIT B Lot Areas and Dimensions Unit 21 Lot 14 = 11427.649 SQ.FT. (0.262 Acres) Lot 15 11141.579 SQ.FT. (0.256 Acres) Lot 16 10884.794 SQ.FT. (0.25 Acres) Lot 17 10781.467 SQ.FT. (0.248 Acres) Lot 18 10080 SQ.FT. (0.231 Acres) Lot 19 10122.725 SQ.FT. (0.232 Acres) Lot 20 16157.83 SQ.FT. (0.371 Acres) Lot 21 12386.708 SQ.FT. (0.284 Acres) Lot 22 10080 SQ.FT. (0.231 Acres) Lot 23 11279.965 SQ.FT. (0.259 Acres) Lot 24 13979.52 SQ.FT. (0.321 Acres) Lot 40 10284.02 SQ.FT. (0.236 Acres) Lot 41 14609.805 SQ.FT. (0.335 Acres) Lot 42 14614.808 SQ.FT. (0.336 Acres) Lot 43 10280.905 SQ.FT. (0.236 Acres) Lot 44 10080 SQ.FT. (0.231 Acres) Lot 45 10080 SQ.FT. (0.231 Acres) Lot 46 10080 SQ.FT. (0.231 Acres) Lot 47 10562.877 SQ.FT. (0.242 Acres) Lot 48 12356.742 SQ.FT. (0.284 Acres) Lot 49 16454.138 SQ.FT. (0.378 Acres) Lot 50 11850.285 SQ.FT. (0.272 Acres) Lot 51 10614.037 SQ.FT. (0.244 Acres) Lot 52 10102.613 SQ.FT. (0.232 Acres) Lot 53 10097.857 SQ.FT. (0.232 Acres) Lot 54 10094.928 SQ.FT. (0.232 Acres) Lot 55 11156.682 SQ.FT. (0.256 Acres) Lot 56 10817.551 SQ.FT. (0.248 Acres) Lot 57 10084.249 SQ.FT. (0.232 Acres) Lot 58 10081.663 SQ.FT. (0.231 Acres) ROW 93093.374 SQ.FT. (2.137 Acres) TOTAL AREA = 435719 SQ. FT. (10.03 ACRES) UNIT 21 GRANDE RESERVE, UNITED CITY OF YORKVILLE, ILLINOIS 2 PROJ. MGR.: DRAWN BY: DATE: SCALE: OF SHEET PROJ. ASSOC.:DATEREVISIONSDRAWN BYTM333 East Butterfield Road, Suite 600, Lombard, IL 60148 ph:630.691.8500 fx:630.691.8585 manhard.comGRANDE RESERVE - UNIT 21UNITED CITY OF YORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION1 3 February 6, 2024 - 15:14 Dwg Name: P:\Aplyvil01\dwg\Surv\Final Drawings\Plat of Subdivision\APLYVIL01-PS U21 01 03.dwg Updated By: MSchmitt PROJ. MGR.: DRAWN BY: DATE: SCALE: OF SHEET PROJ. ASSOC.:DATEREVISIONSDRAWN BYTM333 East Butterfield Road, Suite 600, Lombard, IL 60148 ph:630.691.8500 fx:630.691.8585 manhard.comGRANDE RESERVE - UNIT 21UNITED CITY OF YORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION2 3 February 6, 2024 - 15:13 Dwg Name: P:\Aplyvil01\dwg\Surv\Final Drawings\Plat of Subdivision\APLYVIL01-PS U21 02.dwg Updated By: MSchmitt 3686 3686 PROJ. MGR.: DRAWN BY: DATE: SCALE: OF SHEET PROJ. ASSOC.:DATEREVISIONSDRAWN BYTM333 East Butterfield Road, Suite 600, Lombard, IL 60148 ph:630.691.8500 fx:630.691.8585 manhard.comGRANDE RESERVE - UNIT 21UNITED CITY OF YORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION3 3 February 6, 2024 - 15:14 Dwg Name: P:\Aplyvil01\dwg\Surv\Final Drawings\Plat of Subdivision\APLYVIL01-PS U21 01 03.dwg Updated By: MSchmitt062-050030 32'-0"60'-0"BATH #3BASEMENT(FINISHED)MECH. ROOM9'-3"5'-0"EGEG32'-0"OWNER'S SUITE2-CAR GARAGEWICBEDROOM #39'-6" x 11'-0"LIVING ROOMDINING ROOM11'-1" x 12'-5"BEDROOM #29'-6" x 11'-0"OWNER'SBATHALCOVEBATH #2CLOSETCLOSETLAUNDRYCLOSETPANTRY60'-0"19'-4" x 20'-4"KITCHENEGEG32'-0"CLOSETPANTRYKITCHENOWNER'S SUITE16'-3" x 13'-4"OWNER'SBATHWICBEDROOM #211'-1" x 11'-9"LIVING ROOMDINING ROOMLAUNDRYBATH #2LINEN60'-0"2-CAR GARAGE19'-4" x 20'-4"SCALE:BASEMENT FLOOR PLAN1/4" = 1'-0" TOTAL AREA: 1,142 SF GRAND RESERVE - UNIT 21 DUPLEXYORKVILLE, ILABBY PROPERTIES, LLCFLOOR PLANS1SCALE:FIRST FLOOR PLAN - 3 BEDROOM1/4" = 1'-0" TOTAL AREA: 1,400 SF SCALE:FIRST FLOOR PLAN - 2 BEDROOM1/4" = 1'-0" TOTAL AREA: 1,142 SF 9'-0 1/2"T/ FIRST FLOORT/ PLATE7'-0"B/ HEADERARCHITECTURAL ROOFSHINGLES1251254" TRIM, TYP.VINYL SIDING,TYPICAL.7'-0"ARCHITECTURAL ROOFSHINGLES9'-0 1/2"T/ FIRST FLOORT/ PLATEB/ HEADER128128FACE BRICK4" TRIM, TYP.VINYL SIDING,TYPICAL.4" TRIM, TYP.24'-1"FACADE MATERIALS -57% - MASONRY43% - PREMIUM SIDING (CEMENTITIOUS)ALL SIDING FACING THE STREETTO BE PREMIUM SIDING.(2) SHED DORMERS(2) GABLE DORMERS9'-0 1/2"T/ FIRST FLOORT/ PLATE7'-0"B/ HEADERARCHITECTURAL ROOFSHINGLES1281281251254" TRIM, TYP.VINYL SIDING,TYPICAL.7'-0"ARCHITECTURAL ROOFSHINGLES9'-0 1/2"T/ FIRST FLOORT/ PLATEB/ HEADERVINYL SIDING,TYPICAL.4" TRIM, TYP.1212121224'-1"FACE BRICK4" TRIM, TYP.ALL SIDING FACING THE STREETTO BE PREMIUM SIDING.FACADE MATERIALS -57% - MASONRY43% - PREMIUM SIDING (CEMENTITIOUS)(2) GABLE DORMERS(1) WIDE SHEDDORMERHIGH HIP ROOF9'-0 1/2"T/ FIRST FLOORT/ PLATE7'-0"B/ HEADERARCHITECTURAL ROOFSHINGLES1251254" TRIM, TYP.VINYL SIDING,TYPICAL.7'-0"ARCHITECTURAL ROOFSHINGLES9'-0 1/2"T/ FIRST FLOORT/ PLATEB/ HEADERVINYL SIDING,TYPICAL.4" TRIM, TYP.12824'-1"ALL SIDING FACING THE STREETTO BE PREMIUM SIDING.FACE BRICK4" TRIM, TYP.FACADE MATERIALS -50% - MASONRY50% - PREMIUM SIDING (CEMENTITIOUS)(1) WIDE SHEDDORMERGABLE RETURNUNIT SUMMARY -60 UNITS - (30) TOTAL BUILDINGS(23)BUILDINGS WILL HAVE MIN 50% MASONRY(30)BUILDINGS WILL UTILIZE 100% PREMIUM (CEMENTITIOUS)SIDING FACING STREET FRONTAGESCALE:1ELEVATION 'A' - FRONT ELEVATION REAR ELEVATION SIDE ELEVATION1/8" = 1'-0" GRAND RESERVE - UNIT 21 DUPLEXYORKVILLE, ILABBY PROPERTIES, LLCELEVATIONS2SCALE:2ELEVATION 'B' - FRONT ELEVATION REAR ELEVATION SIDE ELEVATION1/8" = 1'-0" SCALE:3ELEVATION 'C' - FRONT ELEVATION REAR ELEVATION SIDE ELEVATION1/8" = 1'-0" SCALE:1ELEVATION 'A' 1/8" = 1'-0" GRAND RESERVE - UNIT 21 DUPLEXYORKVILLE, ILABBY PROPERTIES, LLCCOLORED ELELEVATIONS3SCALE:2ELEVATION 'B' 1/8" = 1'-0" SCALE:3ELEVATION 'C' 1/8" = 1'-0" I have reviewed the application for Final Plat of Subdivision of Grande Reserve Unit 21 (Neighborhood 2) received September 13, 2024, as submitted by Cesar Cruz on behalf of GR Yorkville Residents, LLC, owner/petitioner. The Final Plats were prepared by Manhard Consulting, Ltd and dated 02/07/24. The petitioner is seeking Final Plat approval for an approximately 10-acre site consisting of 60 new residential duplex dwelling units on 30 lots located west of the intersection of Crooker Drive and Brady Street in Yorkville. These lots will complete Neighborhood 2 and, along with Units 18 and 25, this portion north of Mill Road in the Grande Reserve development. Based upon my review of the application documents and plans; I have compiled the following comments: GENERAL ZONING/ANNEXATION AGREEMENT COMMENTS: 1. ZONING - The subject property was annexed in 2003 and was zoned R-2 Single-Family Traditional Residence District with a special use for a Planned Unit Development. The following are the current immediate surrounding zoning and land uses: Zoning Land Use North R-2 Planned Unit Development (Grande Reserve) Residential South R-2 Planned Unit Development (Grande Reserve) Residential East R-2 Planned Unit Development (Grande Reserve) Residential West R-1 and B-3 Planned Unit Development (Cross Evangelical Lutheran) Loving Arms Child Care 2. ANNEXATION AGREEMENT – Per Group Exhibit “D” of the Annexation Agreement (Ord. 2003-44) it is stated that the “CITY, OWNERS and DEVELOPER acknowledge that the number of dwelling units to be approved on future preliminary and final plats may be more than or less than that described in the Concept Plan…” Further it states, “Any plan for a phase of development that does not exceed the total number of dwelling units allowed in said Neighborhoods shall be deemed to be in substantial conformance with the Concept Plan.” Below is a comparison of the approved Concept Plan PUD dwelling unit count (Group Exhibit “C”) and the proposed final plat dwelling unit count for each unit in Neighborhood 3: Memorandum To: Plan Council From: Krysti Barksdale-Noble, Community Development Director Date: October 2, 2024 Subject: PZC 2024-28 Grande Reserve – Unit 21 (Final Plat) Proposal for 30 lots (60 new duplexes) in Grande Reserve NEIGHBORHOOD 2 (UNIT) UNIT TYPE APPROVED DWELLING UNITS CONCEPT PUD PLAN PROPOSED/APPROVED DWELLING UNITS FINAL PLAT Unit 20 TH 62 62 Unit 21 TH 64 60 TOTAL 126 122 • Neighborhood 2 Density – Per Exhibit “D7” of the Annexation Agreement, the overall approved maximum density for Neighborhood 2 is 6 units/acre (126 units on 24.9 acres). With the proposed reduction of four (4) dwelling units (2 lots) in Neighborhood 2, the density remains relatively unchanged. • Declarations of CCRs – Group Exhibit “D”, paragraph B of the Annexation Agreement requires that the developer submit a copy of the proposed Declaration of Covenants, Restrictions and Easements to be reviewed by the City. The declarations shall be recorded at the same time with the final plat for each phase. • Dormant Special Service Area (SSA) – Per paragraph 19D of the Annexation Agreement, the City may elect to establish a dormant special service area to act as a backup in the event the association fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage within the development. 3. BUILDING SETBACKS/VARIANCE SCHEDULE – The following bulk regulations are for parcels located in Neighborhood 2, per “Exhibit E-1 Grande Reserve Variance Schedule for Neighborhoods 2-19” of the Annexation Agreement: BULK REGULATIONS REQUIRED MINIMUM PROPOSED Minimum Lot Size 10,000 sq.ft. 10,080 sq. ft. Minimum Lot Width 75 ft. TBD* Front Yard 30 ft. 30 ft. Side (Corner) Yard 30 ft. 30 ft. Side (Interior) Yard 10 ft. 10 ft. Rear Yard 30 ft. 30ft. * Verify for Lots 42 & 49 measured at B.S.L. The proposed yard setbacks illustrated on the final plats meet the minimum requirements established in the original annexation agreement. • Note, the Typical Lot Detail is inconsistent with the actual lot dimensions, specifically with regard to lot size (less than 10,000req.), front building setback (shows 20 ft.), and lot width is not provided. 4. APPEARANCE STANDARDS • Per Exhibit “D5” in the original Annexation Agreement (Ord. 2003-44) Architectural Design Standards are established for duplex development and conceptual building elevations were provided in Exhibit “D2”. Further it is stated that “all owners and developers agree to impose architectural design standards relating to façade materials, accessory structures, and other building restrictions at the time of final plat submittal for each unit. o These standards will be submitted for city review and approval prior to City Council approval of the final plat of subdivision, and must address the following:  Color Schemes  Deck & Patio Specifications  Fence Specifications  Restrictions on Accessory Buildings  Restrictions on Housing Styles  Minimum Square Footage  Building Materials  Roof Specifications o It is also stated in the Economic Incentive Agreement approved via ord. 2021-13, that currently not platted areas must submit architectural standards at time of final plat. • Per the City’s Anti-Monotony Standards in Chapter 10-7-8 of the Unified Development Ordinance (UDO) “no new single-family or duplex dwelling units shall be similar in appearance to any other single-family or duplex dwelling units within three (3) units on either side of the subject property or on any of the five (5) units across the street from the subject property.” Additionally, on cul-de-sac turnarounds, no single-family or duplex dwelling shall be similar in appearance to another dwelling on the turnaround. o Similarity Standards - Any two (2) dwelling units shall be considered similar in appearance if they are identical or nearly identical to one another in any three (3) or more of the following characteristics: 1. Roof type (gable, hip, mansard, gambrel, flat, or combination) 2. Similar roof pitch at an angle of ten (10) degrees or less 3. Dimensions (height and/or length) of the front wall closest to the front lot line that are within twenty (20) percent the same as either the height or width shall constitute similarity 4. Shape of the front elevation silhouette 5. Relative location and size of windows on the front elevation 6. Relative location and dimensions of garage door(s), if included on the front elevation; and 7. Type(s) of exterior building cladding materials on the front elevation. The following differences in construction material shall be deemed sufficient to render buildings containing such changes and built on adjacent lots to be dissimilar. i. Four (4) inch exposure horizontal siding ii. Eight (8) inch exposure horizontal siding iii. Brick facing iv. Vertical siding v. Stone facing; and vi. Stucco/staccato board and trim. vii. When materials are changed, the change must occur throughout the front facade or elevation for a minimum of one story in height. viii. Color change shall be made by significant changes in adjacent colors. The change must be one of color rather than merely of the shade. • Petitioner has not submitted elevations for duplexes in Unit 21. Building elevations/color renderings of all proposed duplex models must be provided and reviewed by staff before the request can advance to the nest scheduled meeting. FINAL PLAT OF SUBDIVISION COMMENTS: 1. PREVIOUSLY APPROVED PRELIMINARY PLANS – Preliminary/Final Plat for Unit 21 was approved by the City Council in July 2006 but was never recorded and has since expired. 2. SCALE – The graphic scale on Sheet 1 of 3 states 1 inch= 100 feet, but the scale in the legend states 1”=250’. Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Date: September 23, 2024 To: Krysti Barksdale Noble, Community Development Director From: James Jensen, Chief of Police Reference: Plan Review Grand Reserve Units 18 & 25 and Unit 21 List Project Name Grand Reserve Units 18 & 25 and Unit 21 List Applicant Name List Project Manager List Project Number PZC 2024-27 & 2024-28 Grande Reserve Units 18 & 25 And Unit 21 (Final Plat) Please see comments listed below pertaining to the project referenced above: Signage Handicapped Signage Required: __X__ Yes ____ No Comments: Handicapped parking has been identified. Proper signage is required. **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 Comments: N/A No Parking Signage Required? __X__ Yes ____ No __X__ No Parking After 2” Snow Fall Comments: No parking after 2” snow fall on Preston Drive. No Parking Locations: No parking locations should be clearly marked Dedicated parking signage needed? ____ Yes __X__ No ____ Located by Park ____ School Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 ____ Common Parking Area Are there Street Name Conflicts? ____ Yes __X__ No Comments: Will Preston Drive be marked as Preston North or South? Building & Apartment Numbering Exterior Building Signs Requested ON Building __X__ Yes ____ No Comments: For immediate emergency response having ON building or signage in front of each building identifying the building and townhome numbers would be helpful. Pedestrian/Bike Path Crossing Signage? __X__ Yes ____ No Warning Ahead Signs are Required Comments: I assume this will connect to the bike path. Whatever signage we currently use in other developments for bike paths should be included (i.e. no motorized vehicles, stop signs, etc.). If violations of HOA rules are not police enforced then no signage is being requested. NO Construction Traffic Signage being requested? __X__ Yes ____ No Location: No construction traffic signs should be posted at the entrance to adjacent subdivision. Construction traffic should only use Preston (new development) and Tuscany Trail to Mill Road. ***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 MUTCD 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? __X__ Yes ____ No Comments: On Preston Drive only. Center Roadway Medians: ____ Yes ____ No Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 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 __X__ No Comments: N/A Landscape Low Growth or Ground Cover Landscaping? ____ Yes ____ No Low Growth or Ground Cover Landscaping by windows? ____ Yes ____ No Low Growth or Ground Cover Landscaping by Entrances __X__ Yes ____ No Comments: Landscaping at the intersection of Tuscany and Preston should be limited for site line issues. ***Landscaping located near the entrance/exits should include ONLY low growth or ground cover so as to not obstruct site lines*** Ingress / Egress Entrance/Exits match up with adjacent driveways? __X__ Yes ____ No Total Entrance/Exits for development? __2__ Are vehicle entrance/exits safe? __X__ Yes ____ No Are warning signs for cross traffic requested? __X__ Yes ____ No Comments: Cross traffic signage should be posted on Tuscany Trail for North and South Preston. Raised Median & Signage for Right in & Right Out? ____ Yes __X__ No Comments: N/A Emergency Contact for after hours during construction: __________________________ Comments: Please provide information __________________________ Is this a gated or controlled access development? ____ Yes __X__ No If yes, will police & Fire and Access? ____ Yes ____ No Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Miscellaneous Individual Mailboxes? ____ Yes ____ No Cluster Mailbox Kiosks? __X__ Yes ____ No Will this cause traffic choke points? ____ Yes ____ No Comments: Cluster mailboxes should be out of the way of general traffic flow. Are sidewalks being planned for the development? __X__ Yes ____ No Comments: N/A Are sidewalk crosswalks needed? __X__ Yes ____ No Comments: Only if crossing major roadway. Are there bike paths planned for the development? __X__ Yes ____ No Comments: N/A Proper Signage needed for bike paths __X__ Yes ____ No ____ Stop Signs ____ Yield Signs __X__ NO Motorized Vehicles ____ Trespassing ____ Other _______________________________________ Are there HOA Controlled Roadway OR Parking Areas? ____ Yes ____ No Comments: Is this area controlled by HOA or will police be able to enforce stopping, standing, parking related issues? Who is responsible for re-surfacing and re-striping? N/A Security Will security cameras be in use? ____ Yes ____ No Comments: Will security cameras be in use around the property? If requested will those in charge of the cameras work with the police department for video related evidence? Would Police Department access to the exterior cameras for emergency purposes be allowed? Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 We assume access to the building will be controlled. Will the police department have access to the building for emergencies? ____ Yes ____ No Comments: N/A What are the business Hours of Operation? N/A Will the property be alarmed? ____ Yes ____ No Comments: N/A Will you provide Floor Plans/Maps to the police department to be used for emergency purposes only? ____ Yes ____ No Comments: We would request a copy of the floor plans to be used for emergency purposes only. 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. Unit 16 Unit 9 Unit 6 Unit 8 Unit 4 Unit 1 Unit 23 Unit 3 Unit 7 Unit 2 Unit 5 Unit 24 Unit 11 Unit 26 Unit 17 Unit 14 Unit 27 Unit 28 Unit 10 Unit 25Unit 21 Unit 13 Unit 20 Unit 15 Unit 22 Unit 18 Unit 19Unit 12 Unit 12 Mill GalenaKennedyG r a n d e VeteransBri s t o l R i d g e SundownDicksonTuscany RickardEm e r a l d McLel lan Wil l o w Berrywood AldenManchester JusticeM a t l o c kGordon BurrConcordOrchidCrimsonPa r k w a y Je t e r Julie FosterUS Route 34Patterson CoralCannonballOl d G l o r yRobert CryderGrape VineSunsetLewis B a i l e y Holly SeeleyRoodPecos HighlandLarkspurMill BrookCypress SiennaCharlesEdytheThomasSimon Pine RidgeRoyal Oaks Anna Maria River WoodLa v e n d a r Dogwood HobbsParkLehmanBig Bend LindenHuntington Squire EllsworthLy m a n Am e r i c a n Preston CranstonBisselHartfieldJuanita BradySag e OaklawnHennin g Lyncl i f f Freedom DivisionWestgateBrooksideCanyonLa k e v i e w Prairie CrossingGains Ridge Rehb ehn Hatch Meadowwood Kellogg Ellory BristolBasswood AllegianceWaterman CobaltShoegerSilver City Owen NickersonDa v i d R o y a l MaddenKetchum CieloStorybook Baum ann Grande T r a i l BurgandyReliance DivisionHighland Pr e s t o n Just i c e CryderConcord River Wood River W o o d Burr Engineering Enterprises52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-9350 Grande ReserveFinal Plat Exhibit www.eeiweb.com DATE: PROJECT NO.: FILE: PATH: BY: SEPTEMBER 2024 YO2400 YO2400- GR Final Plat Location.MXD H:\GIS\PUBLIC\YORKVILLE\2024\ MJT ³United City of Yorkville 651 Prairie Pointe Dr.Yorkville, IL 60560 Final Platted Unplatted 1,000 0 1,000500 Feet