Planning and Zoning Commission Packet 2024 11-13-24
PLANNING AND ZONING
COMMISSION AGENDA
Wednesday, November 13, 2024
7:00 PM
Yorkville City Hall Council Chambers
651 Prairie Pointe Drive
Meeting Called to Order: 7:00 p.m.
Roll Call:
Previous meeting minutes: October 9, 2024
Citizen’s Comments
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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
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
United City of Yorkville
651 Prairie Pointe Drive
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
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
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PZC - Public Hearing - October 9, 2024
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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 .
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PZC - Public Hearing - October 9, 2024
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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.
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PZC - Public Hearing - October 9, 2024
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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.
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PZC - Public Hearing - October 9, 2024
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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
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PZC - Public Hearing - October 9, 2024
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(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.
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PZC - Public Hearing - October 9, 2024
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(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.
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PZC - Public Hearing - October 9, 2024
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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
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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
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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.
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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,
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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?
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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
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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.
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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
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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.
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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.
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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.
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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,
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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
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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
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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
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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.
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(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.
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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
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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
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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
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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,
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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,
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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
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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:
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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
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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.
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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.
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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
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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
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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.
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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.
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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,
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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
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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.
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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.
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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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?
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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 .)
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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.
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I further certify that my certificate
attached hereto applies to the original
transcript and copies thereof signed and
certified under my hand only. I assume no
responsibility for the accuracy of any reproduced
copies not made under my control or direction.
IN WITNESS WHEREOF, I do hereunto set my
hand at Leland, Illinois, this 15th day of
October, 2024.
__________________________________
CHRISTINE M. VITOSH,
C.S.R. Certificate No. 084-02883.
/s/
$
$75,000 [1] - 15:23
0
084-02883 [1] - 68:13
1
1 [2] - 50:12, 67:11
1,000 [5] - 41:10,
45:16, 46:1, 60:14,
61:17
1.33 [1] - 7:15
10-4-14 [1] - 7:20
100 [1] - 25:5
1000 [1] - 3:12
10:00 [4] - 8:2, 16:24,
17:5, 17:13
111 [1] - 14:19
112 [1] - 3:8
12 [1] - 25:19
13th [1] - 19:7
15 [2] - 31:2, 50:20
1508 [1] - 7:16
15:33 [1] - 50:12
15th [1] - 68:8
16 [3] - 14:16, 25:20,
49:15
18 [1] - 4:4
1804 [1] - 3:3
1960's [2] - 54:10,
55:4
2
20 [2] - 15:22, 16:7
20,000 [1] - 55:8
2021 [1] - 25:17
2024 [2] - 1:21, 68:9
2024-19 [3] - 6:10, 7:8,
8:8
205 [1] - 28:6
21 [1] - 53:2
22 [1] - 4:5
228 [1] - 14:15
25 [1] - 15:22
250 [2] - 10:18, 16:7
27 [1] - 4:6
28 [1] - 4:7
3
30 [2] - 4:8, 38:6
34 [1] - 4:9
350 [1] - 3:3
355 [1] - 14:17
37 [1] - 4:10
39 [1] - 4:11
4
404-6687 [1] - 3:9
43 [1] - 4:12
44 [1] - 4:13
450 [1] - 7:24
4801 [1] - 3:8
49 [1] - 4:14
5
500 [8] - 3:12, 7:23,
23:4, 25:12, 36:4,
47:6, 54:3, 60:14
500-foot [4] - 30:11,
47:4, 48:20, 53:23
501(c)(3 [1] - 21:1
51 [1] - 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
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46:19
accuracy [1] - 68:5
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act [1] - 53:17
Act [2] - 13:3, 45:13
action [1] - 67:24
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14:15
activities [1] - 31:16
adapted [1] - 46:22
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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
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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
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.
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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
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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.
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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
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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
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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.
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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
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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
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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.
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Signature Page Follows
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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:
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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: •
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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.
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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
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Chicago Tribune - chicagotribune.com
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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
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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
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PROJ. ASSOC.:DATEREVISIONSDRAWN BYTM333 East Butterfield Road, Suite 600, Lombard, IL 60148 ph:630.691.8500 fx:630.691.8585 manhard.comGRANDE RESERVE - UNIT 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
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PROJ. ASSOC.:DATEREVISIONSDRAWN BYTM333 East Butterfield Road, Suite 600, Lombard, IL 60148 ph:630.691.8500 fx:630.691.8585 manhard.comGRANDE RESERVE - UNIT 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
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PROJ. ASSOC.:DATEREVISIONSDRAWN BYTM333 East Butterfield Road, Suite 600, Lombard, IL 60148 ph:630.691.8500 fx:630.691.8585 manhard.comGRANDE RESERVE - UNIT 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
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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