Loading...
HomeMy WebLinkAboutPlanning and Zoning Commission Packet 2025 05-14-25 PLANNING AND ZONING COMMISSION AGENDA Wednesday, May 14, 2025 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: April 9, 2025 Citizen’s Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PZC 2025-04 United City of Yorkville, petitioner, is proposing to amend the Yorkville Comprehensive Plan, including a modified future land use map, pursuant to Section 11-12-7 of the Illinois Municipal Code (65 ILCS 5/11-12-7) and Section 9-1-1 of the Yorkville City Code. The proposed amendment adds sections the Future Land Use – Map Addendum to reclassify eleven (11) identified developments. The changes are a result of a rezoning approvals made by the City Council in calendar years 2023 and 2024. 2. PZC 2025-05 United City of Yorkville, petitioner, is proposing to amend Section 10-4-10 Energy Industrial Use Standards regarding data center development of the Yorkville Unified Development Ordinance. The proposed text amendment seeks to establish specific regulations for data center developments. These regulations include standards related to noise control, landscape buffering, building separation from residential properties, height limitations, and other design and operational requirements. Unfinished Business New Business 1. PZC 2025-04 United City of Yorkville, petitioner, is proposing to amend the Yorkville Comprehensive Plan, including a modified future land use map, pursuant to Section 11-12-7 of the Illinois Municipal Code (65 ILCS 5/11-12-7) and Section 9-1-1 of the Yorkville City Code. The proposed amendment adds sections the Future Land Use – Map Addendum to reclassify ten (10) identified developments. The changes are a result of a rezoning approvals made by the City Council in calendar years 2023 and 2024. Action Items Text Amendment United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us 2. PZC 2025-05 United City of Yorkville, petitioner, is proposing to amend Section 10-4-10 Energy Industrial Use Standards regarding data center development of the Yorkville Unified Development Ordinance. The proposed text amendment seeks to establish specific regulations for data center developments. These regulations include standards related to noise control, landscape buffering, building separation from residential properties, height limitations, and other design and operational requirements. Action Item Text Amendment Additional Business 1. Appointment of Vice Chair 2. City Council Action Updates a. PZC 2025-03 Ali Bukhres, on behalf of QuikTrip Corporation, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting sign variance approval to permit two (2) monument signs to be erected, which exceed the maximum sign area, maximum sign height, and maximum number of signs as stated in Section 10-6-6-B of the Yorkville United Development Ordinance. The real property, zoned B-3 General Business District, is located at the northeast corner of State Route 47 (South Bridge Street) and State Route 71 (Stagecoach Trail) intersection. Action Items Variance Adjournment DRAFT Page 1 of 3 PLANNING & ZONING COMMISSION City Council Chambers 651 Prairie Pointe Drive, Yorkville, IL Wednesday, April 9, 2025 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 Rusty Hyett-yes, Michael Crouch-yes, Chad Green-yes, Marge Linnane-yes, Richard Vinyard- yes, Ryan Forristall-yes Absent: Danny Williams City Staff Krysti Barksdale-Noble, Community Development Director Sara Mendez, Planner1 Megan Lamb, City Attorney Lynn Dubajic Kellogg, City Consultant Katelyn Gregory, Community Engagement & Marketing Coordinator Other Guests Chris Vitosh, Vitosh Reporting Service Richard Daehnke, Fox Lawn Michael Holzer, JEMS2, LLC Alan Clever, Fox Lawn Ali Bukhres, QuikTrip Carol Sheeley, Fox River Gardens Diane & Jim Bell, Fox Lawn Pat Norr, Elizabeth St. Linda Blake, W. Meadows Lorna Anderson, Fox Highlands Dominic Levato, Ashley Pointe Fred Davis Previous Meeting Minutes March 12, 2025 Motion by Mr. Crouch and second by Mr. Hyett to approve the minutes as presented. Roll call: Crouch-yes, Green-yes, Linnane-yes, Vinyard-yes, Forristall-yes, Hyett-yes. Carried 6-0 Chairman Vinyard informed the audience that the Christie property hearing would not be held tonight. Citizen’s Comments None Public Hearings Chairman Vinyard stated there were 2 Hearings for this meeting and explained the procedure to be followed and the taking of testimony. He swore in those who would speak and also made a statement about decorum and order for the meeting. Chairman Vinyard entertained a motion to open the Hearings. At approximately 7:04pm a motion was made and seconded by Mr. Green and Mr. Crouch, respectively, to open the Public Hearings. Roll call: Forristall-yes, Hyett-yes, Crouch-yes, Green-yes, Linanne-yes, Vinyard-yes. Carried 6-0. Page 2 of 3 The Public Hearings were read by Chairman Vinyard: 1. PZC 2025-03 Ali Bukhres, on behalf of Quik Trip Corporation, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting sign variance approval to permit two (2) monument signs to be erected, which exceed the maximum sign area, maximum sign height, and maximum number of signs as stated in Section 10-6-6-B of the Yorkville United Development Ordinance. The real property, zoned B-3 General Business District, is located at the northeast corner of State Route 47 (South Bridge Street) and State Route 71 (Stagecoach Trail) intersection. 2. PZC 2025-06 Michael Holzer, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a bulk regulation variance to Section 10-3-9 of the Unified Development Ordinance, seeking to reduce the required minimum front yard setback from fifty (50) feet to forty-two (42) feet for a parcel located at 904 S. Bridge Street. The real property, zoned B-3 General Business District, is located near the northeast corner of Illinois Route 47 (South Bridge Street) and Illinois Route 126 intersection. (See Court Reporter's transcript of Public Hearings) (Petitioner's Standards & Responses to be included in the Official Record) At approximately 7:19 pm a motion was made by Ms. Linnane and seconded by Mr. Forristall to close the Public Hearings. Roll call: Forristall-yes, Hyett-yes, Crouch-yes, Green-yes, Linnane- yes, Vinyard-yes. Carried 6-0. Unfinished Business None New Business 1. PZC 2025-03 Ali Bukhres (see full description in #1 above) Ms. Noble presented the background for this request. She said the original development for this parcel was for Graham's C-Store and a monument sign 20 feet in height had been approved. It was consistent with the Shell station to the southwest. That development did not happen, but QuikTrip kept the zoning after taking over the property. They were granted approval for 2 signs at the 7 foot, 10 inch height. The state requires that gas stations have to advertise for all products offered, necessitating the sign size. When adding the brick it gave them the extra height in the sign area so they didn't need a variance for height, but still need a variance for area as well as number of signs. Staff is supportive of the request. Mr. Bukhres is only requesting 8 feet while other comparable signs in the area are much higher. Ms. Noble read the standards for the variance with Commissioners agreeing to the conditions and the petitioner responses were added to the record. Action Item Variance Chairman Vinyard asked for a motion to approve PZC 2025-03 QuikTrip sign variance. So moved by Ms. Linnane and second by Mr. Forristall. The motion was read by Chairman Vinyard as follows: Motion: In consideration of testimony presented during a Public Hearing on April 9, 2025 and approval of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council for a request for a variance to Section 10-6-6-B.2 of the Unified Development Ordinance, increasing the maximum sign area from 48 square feet to 62 square feet and increasing the maximum number of signs on the property from 1 per 800 linear feet of frontage to 2 signs per 800 feet of linear feet of frontage. Roll call: Hyett-yes, Crouch-yes, Green-yes, Linnane-yes, Vinyard-yes, Forristall-yes. Carried 6-0. Page 3 of 3 2. PZC 2025-06 Michael Holzer (see full description in #2 above) This petition summary was presented by Ms. Mendez. She said the petitioner is requesting a variance to reduce the front yard setback from the required 50 feet to 42 feet for the office building he is proposing to build for his non-profit. His access point would be off Rte. 47. The lot size is approximately .3 acres and he has limited space for the building. All other setbacks are being met as well as the required number of parking stalls. She noted that some of the properties surrounding his, have similar setbacks. Ms. Mendez noted that the UDO allows certain variances to be granted by the Planning and Zoning Commission, this petition being one of them. The UDO says that if the requested setback is less than 25% of the required amount, the PZC can grant the request. Mr. Holzer's is only 16% less than the required. She then read the standards for this request and the Commissioners verbally agreed with them. Action Item Variance Chairman Vinyard entertained a motion to approve PZC 2025-06 Michael Holzer petition to reduce the front yard setback. So moved and seconded by Commissioners Green and Forristall, respectively. Mr. Vinyard read the motion as follows: Motion: In consideration of testimony presented during a Public Hearing on April 9, 2025 and approval of the findings of fact, the Planning and Zoning Commission recommends approval for the request for bulk regulation variance to Section 10-3-9, Bulk and Dimensional Standards of the Unified Development Ordinance, reducing the required minimum front yard setback in the B-3 General Business District from fifty (50) feet to forty-two (42) feet. Roll call: Crouch-yes, Green-yes, Linnane- yes, Vinyard-yes, Forristall-yes, Hyett-yes. Carried 6-0. Additional Business 1. City Council Action Updates a. PZC 2025-01 DMYF-Loftus-Drew Daniels Rezoning was approved at City Council April 8. b. PZC 2024-29 1115, LLC Fox Haven Rezoning and PUD were approved by City Council April 8. Adjournment There was no further business and the meeting was adjourned at 7:27pm on a motion by Mr. Hyett and second by Ms. Linnane. Unanimous voice vote approval. Respectfully submitted by Marlys Young, Minute Taker 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - April 9, 2025 1 UNITED CITY OF YORKVILLE YORKVILLE, ILLINOIS PLANNING AND ZONING COMMISSION PUBLIC HEARINGS 651 Prairie Pointe Drive Yorkville, Illinois Wednesday, April 9 , 2025 7 :00 p .m . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - April 9, 2025 2 PRESENT: Mr. Rich Vinyard, Chairman, Mr. Rusty Hyett, Commissioner, Mr. Ryan Forristall, Commissioner, Ms. Marge Linnane, Commissioner, Mr. Michael Crouch, Commissioner, Mr. Chad Green, Commissioner. ALSO PRESENT: Ms. Krysti Barksdale-Noble, Community Development Director; Ms. Sara Mendez, Planner; Ms. Marlys Young, Minute Taker. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - April 9, 2025 3 APPEARANCES: OTTOSEN, DiNOLFO, HASENBALG & CASTALDO, LTD. BY: MS. MEGAN LAMB 1804 North Naper Boulevard, Suite 350 Naperville, Illinois 60563 (630) 682-0085 appeared on behalf of the United City of Yorkville. - - - - - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - April 9, 2025 4 I N D E X WITNESS: PAGE: ALI BUKHRES 9 MIKE HOLZER 13 - - - - - REPORTED BY: Christine M . Vitosh Illinois C .S .R . License No. 084-002883 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - April 9, 2025 5 (WHEREUPON, the following proceedings were had in public hearing, commencing at 7 :02 p .m . as follows:) CHAIRMAN VINYARD: There are two public hearings scheduled for tonight's Planning and Zoning Commission meeting. The purpose of these hearings is to invite testimony from members of the public regarding the proposed requests that are being considered before the commission tonight. Public testimony from persons present who wish to speak may be for or against the request or to ask questions of the petitioner regarding the request being heard. Once all the public hearings on tonight's agenda are closed, the commission will deliberate on the vote and vote on their recommendation to the City Council for each of the matters that was subject of tonight's hearing. Those persons wishing to testify are asked to speak clearly, one at a time, and state your name and who you represent. You are also 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - April 9, 2025 6 asked to sign in at the podium. If you plan to speak during tonight's public hearing as a petitioner or as a member of the public, would you please stand, raise your right hand and repeat after me? (Witnesses sworn.) CHAIRMAN VINYARD: Thank you. You guys may be seated. All right. So before we begin, I 've got a little lengthy script going here. Before we begin, I 'd like to review some of the rules to ensure an orderly and productive hearing. When speaking, please make comments that are focused on the matter at hand. Avoid personal attacks, unrelated topics or repeating points that have already been made. As chairman, I may limit repetitive remarks or redirect speakers to stay on topic. Any member of the public who repeatedly disrupts or interrupts any of tonight's hearing may be asked to leave the chambers. We ask that audience members remain silent during tonight's hearings unless they are 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - April 9, 2025 7 speaking at the podium. The court reporter must record tonight's testimony, and cooperation from the audience will make her job easier and the transcription of these hearings more accurate. The commission members may ask clarifying questions at any time and the public may direct relevant questions to the petitioner either through myself or via direct cross-examination. Likewise, the petitioner may respond to public comments and ask clarifying questions of the public speakers. Once all the public comments have been heard, I will formally close the public comment period, after which the commission will deliberate and will vote. Thank you for your cooperation and participation with this. So the order of receiving testimony tonight will be the petitioner's presentation, followed by those who wish to speak in favor or in opposition of the request. So may I have a motion to open the public hearing on petition numbers PZC 2024-0 3 -- MS. NOBLE: That should be 2025. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - April 9, 2025 8 CHAIRMAN VINYARD: I 'm sorry, that's my bad. 2025-0 3 , Ali Bukhres on behalf the QuikTrip Corporation requesting variances for monument signage, and PZC 2025-0 6 , Michael Holzer, requesting a variance to the B -3 zoning district for reduced front yard setbacks. COMMISSIONER GREEN: So moved. COMMISSIONER CROUCH: Second. CHAIRMAN VINYARD: Roll call vote on the motion. MS. YOUNG: Yes. Forristall. COMMISSIONER FORRISTALL: Yes. MS. YOUNG: Hyett. COMMISSIONER HYETT: Yes. MS. YOUNG: Crouch. COMMISSIONER CROUCH: Yes. MS. YOUNG: Green. COMMISSIONER GREEN: Yes. MS. YOUNG: Linnane. COMMISSIONER LINNANE: Yes. MS. YOUNG: And Vinyard. CHAIRMAN VINYARD: Yes. MS. YOUNG: Thank you. CHAIRMAN VINYARD: Okay. So the first 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - April 9, 2025 9 public hearing is PZC 2025-0 3 , Ali Bukhres, on behalf of QuikTrip Corporation, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting sign variance approval to permit two monument signs to be erected which exceed the maximum sign area, maximum sign height and maximum number of signs as stated in Section 10-6 -6 -B of the United Development Ordinance. The real property, zoned B -3 General Business District, is located at the northeast corner of State Route 47 and State Route 7 1 . Is the petitioner present and prepared to make your presentation? MR. BUKHRES: Yes. CHAIRMAN VINYARD: Please. ALI BUKHRES, having been first duly sworn, testified before the Commission from the dais as follows: MR. BUKHRES: Just wanted to start out the evening by thanking everyone for allowing us to present to you, and I will try to make this short, sweet and straight to the point. You can move on to the next slide. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - April 9, 2025 10 So previously we -- in October of '23, whenever we were going through the project, we had a couple monument signs approved. At that time we weren't going to do a third product at our development. Moving on to 2024, we decided to advertise our third product, which is E 8 5 , and we realized that we needed a bigger sign to do that, and with that we requested a sign variance to enlarge our sign so we can show our third product at that site. The previously approved sign was at the height -- size was seven foot ten inches with 54 square foot in area. At the time the current sign did meet code and -- but with the enlargement of this sign, is no longer within code. This is the proposed sign after our April 1 st meeting. We understood that the base was more in line with what the City is wanting to see around new development, and we agreed with that. That's not something that we want to deter from. We also did not show landscaping 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - April 9, 2025 11 around the monument sign, which is what we are doing now with this enlargement. The enlargement is not really a significant enlargement, so since we are doing a brick base, the height variance is actually no longer valid, but the sign area is, so we are -- technically the only size it's enlarging is the sign area by 13.7 square feet. This is a side-by-side of the monument sign that we are showing. Again, it will have a brick base. Looks pretty identical as you can see; the only difference is adding that third product on the newer sign that we are proposing. Just some local gas stations with their sign heights in the area that is very similar to other gas stations. We are not asking for something that's out of the ordinary around the City of Yorkville, just something that we see that will benefit our business and keep us with the competitive advantage as well. CHAIRMAN VINYARD: Would you like your responses added into the hearing tonight? MS. NOBLE: To your standards -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - April 9, 2025 12 CHAIRMAN VINYARD: Your standards. MS. NOBLE: -- provided in your application. MR. BUKHRES: Yes. CHAIRMAN VINYARD: Is there anyone present who wishes to speak in favor or opposition of the request? (No response.) CHAIRMAN VINYARD: Okay. Our next item is PZC 2025-0 6 , Michael Holzer, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a bulk regulation variance to Section 10-3 -9 of the Unified Development Ordinance, seeking to reduce the required minimum front yard setback from 50 feet to 42 feet for a parcel located at 9 0 4 South Bridge Street. The real property, zoned B -3 General Business District, is located near the northeast corner of Illinois Route 47 and Illinois Route 1 26. Is the petitioner present -- MR. HOLZER: Yes. CHAIRMAN VINYARD: -- and ready to make 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - April 9, 2025 13 your proposed request? MIKE HOLZER, having been first duly sworn, testified before the Commission from the dais as follows: MR. HOLZER: Hi. Good evening. I am Mike Holzer. I really don't have much of a presentation tonight, it's kind of simple. It's 904 South Bridge Street and it's a 50 foot current setback and I want to go to 42 feet setback. It's kind of a challenging lot because it's like a third of an acre, so it's kind of challenging to get a building on there. I had Dave Schultz do my site plan and he seemed to think that 42-foot setback was the best option for setting the building, turn-around for the cars, and that's pretty much what I 've got. CHAIRMAN VINYARD: Very good. Thank you. MR. HOLZER: Okay. Thank you. CHAIRMAN VINYARD: Is there anyone who wishes to speak in favor or opposition of this request? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - April 9, 2025 14 (No response.) CHAIRMAN VINYARD: This will be your only time to do it. (No response.) CHAIRMAN VINYARD: No? Would you like to have your responses added into the -- the standards added into your public record? MR. HOLZER: Yes. CHAIRMAN VINYARD: All right. That will be the conclusion of the public hearing. Since all testimony regarding this petition has been taken, may I have a motion to close the taking of testimony in this public hearing? COMMISSIONER LINNANE: Moved. COMMISSIONER FORRISTALL: Second. CHAIRMAN VINYARD: May I have a roll call vote on the motion, please? MS. YOUNG: Yes. Forristall. COMMISSIONER FORRISTALL: Yes. MS. YOUNG: Hyett. COMMISSIONER HYETT: Yes. MS. YOUNG: Crouch. COMMISSIONER CROUCH: Yes. MS. YOUNG: Green. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - April 9, 2025 15 COMMISSIONER GREEN: Yes. MS. YOUNG: Linnane. COMMISSIONER LINNANE: Yes. MS. YOUNG: And Vinyard. CHAIRMAN VINYARD: Yes. All right. The public hearings of tonight's meeting is now closed. (Which were all the proceedings had in the public hearings, concluding at 7 :11 p .m .) ---o 0 o --- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - April 9, 2025 16 STATE OF ILLINOIS ) ) SS: COUNTY OF LASALLE ) I , CHRISTINE M . VITOSH, a Certified Shorthand Reporter of the State of Illinois, do hereby certify: That the foregoing public hearing transcript, Pages 1 through 17, 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. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - April 9, 2025 17 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 16th day of April, 2025. /s / Christine M . Vitosh CHRISTINE M . VITOSH, Illinois C .S .R . Certificate No. 084-02883 ' '23 [1] - 10:2 / /s [1] - 17:8 0 084-002883 [1] - 4:24 084-02883 [1] - 17:10 1 1 [1] - 16:7 10-3-9 [1] - 12:13 10-6-6-B [1] - 9:8 126 [1] - 12:21 13 [1] - 4:4 13.7 [1] - 11:8 16th [1] - 17:4 17 [1] - 16:7 1804 [1] - 3:3 1st [1] - 10:19 2 2024 [1] - 10:6 2024-03 [1] - 7:23 2025 [3] - 1:21, 7:24, 17:5 2025-03 [2] - 8:2, 9:1 2025-06 [2] - 8:4, 12:10 3 350 [1] - 3:3 4 42 [2] - 12:16, 13:9 42-foot [1] - 13:15 47 [2] - 9:12, 12:20 5 50 [2] - 12:15, 13:8 54 [1] - 10:14 6 60563 [1] - 3:4 630 [1] - 3:4 651 [1] - 1:17 682-0085 [1] - 3:4 7 71 [1] - 9:12 7:00 [1] - 1:22 7:02 [1] - 5:3 7:11 [1] - 15:10 9 9 [2] - 1:21, 4:3 904 [2] - 12:16, 13:8 A accuracy [1] - 17:1 accurate [1] - 7:5 acre [1] - 13:12 action [1] - 16:20 added [3] - 11:23, 14:6, 14:7 adding [1] - 11:12 advantage [1] - 11:21 advertise [1] - 10:7 agenda [1] - 5:17 agreed [1] - 10:21 aided [1] - 16:10 Ali [2] - 8:2, 9:1 ALI [2] - 4:3, 9:17 allowing [1] - 9:21 ALSO [1] - 2:8 AND [1] - 1:10 APPEARANCES [1] - 3:1 appeared [1] - 3:5 application [3] - 9:3, 12:3, 12:11 applies [1] - 16:22 approval [1] - 9:5 approved [2] - 10:3, 10:12 April [3] - 1:21, 10:19, 17:4 area [5] - 9:7, 10:14, 11:6, 11:8, 11:16 assume [1] - 16:24 attached [1] - 16:22 attacks [1] - 6:14 attorney [2] - 16:17, 16:18 audience [2] - 6:23, 7:4 avoid [1] - 6:14 B B-3 [3] - 8:5, 9:10, 12:18 bad [1] - 8:2 Barksdale [1] - 2:9 Barksdale-Noble [1] - 2:9 base [3] - 10:19, 11:5, 11:11 begin [2] - 6:8, 6:10 behalf [3] - 3:5, 8:2, 9:2 benefit [1] - 11:20 best [1] - 13:16 bigger [1] - 10:8 Boulevard [1] - 3:3 brick [2] - 11:5, 11:11 Bridge [2] - 12:17, 13:8 building [2] - 13:13, 13:16 BUKHRES [5] - 4:3, 9:15, 9:17, 9:20, 12:4 Bukhres [2] - 8:2, 9:1 bulk [1] - 12:13 Business [2] - 9:11, 12:19 business [1] - 11:20 BY [2] - 3:3, 4:23 C C.S.R [2] - 4:24, 17:9 cars [1] - 13:17 CASTALDO [1] - 3:2 certificate [1] - 16:21 Certificate [1] - 17:9 Certified [1] - 16:3 certified [1] - 16:24 certify [2] - 16:5, 16:21 Chad [1] - 2:7 chairman [1] - 6:17 CHAIRMAN [19] - 5:5, 6:7, 8:1, 8:9, 8:22, 8:24, 9:16, 11:22, 12:1, 12:5, 12:9, 12:24, 13:19, 13:22, 14:2, 14:5, 14:9, 14:16, 15:5 Chairman [1] - 2:2 challenging [2] - 13:11, 13:13 chambers [1] - 6:22 Christine [2] - 4:23, 17:8 CHRISTINE [2] - 16:3, 17:9 City [6] - 3:5, 5:19, 9:3, 10:20, 11:19, 12:11 CITY [1] - 1:6 clarifying [2] - 7:7, 7:11 clearly [1] - 5:23 close [2] - 7:14, 14:12 closed [2] - 5:17, 15:7 code [2] - 10:15, 10:17 commencing [1] - 5:3 comment [1] - 7:15 comments [3] - 6:13, 7:11, 7:13 COMMISSION [1] - 1:10 Commission [3] - 5:7, 9:19, 13:4 commission [4] - 5:11, 5:17, 7:6, 7:15 COMMISSIONER [14] - 8:7, 8:8, 8:12, 8:14, 8:16, 8:18, 8:20, 14:14, 14:15, 14:19, 14:21, 14:23, 15:1, 15:3 Commissioner [5] - 2:3, 2:4, 2:5, 2:6, 2:7 Community [1] - 2:9 competitive [1] - 11:21 computer [1] - 16:10 computer-aided [1] - 16:10 concluding [1] - 15:9 conclusion [1] - 14:10 considered [1] - 5:11 constitutes [1] - 16:11 control [1] - 17:2 cooperation [2] - 7:3, 7:17 copies [2] - 16:23, 17:2 corner [2] - 9:12, 12:20 Corporation [2] - 8:3, 9:2 Council [1] - 5:19 counsel [2] - 16:17, 16:18 COUNTY [1] - 16:2 County [2] - 9:4, 12:12 couple [1] - 10:3 court [1] - 7:2 cross [1] - 7:10 cross-examination [1] - 7:10 Crouch [1] - 2:6 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - April 9, 2025 1 CROUCH [3] - 8:8, 8:16, 14:23 crouch [2] - 8:15, 14:22 current [2] - 10:14, 13:9 D dais [2] - 9:19, 13:4 Dave [1] - 13:14 decided [1] - 10:6 deliberate [2] - 5:18, 7:16 deter [1] - 10:22 Development [3] - 2:10, 9:9, 12:14 development [2] - 10:5, 10:21 difference [1] - 11:12 DiNOLFO [1] - 3:2 direct [2] - 7:8, 7:9 direction [2] - 16:11, 17:2 directly [1] - 16:19 Director [1] - 2:10 disrupts [1] - 6:20 District [2] - 9:11, 12:19 district [1] - 8:5 Drive [1] - 1:17 duly [2] - 9:18, 13:3 during [2] - 6:2, 6:24 E E85 [1] - 10:7 easier [1] - 7:4 either [1] - 7:9 employee [2] - 16:16, 16:17 enlarge [1] - 10:10 enlargement [4] - 10:16, 11:2, 11:3, 11:4 enlarging [1] - 11:7 ensure [1] - 6:11 erected [1] - 9:6 evening [2] - 9:21, 13:5 examination [1] - 7:10 exceed [1] - 9:6 F favor [3] - 7:20, 12:6, 13:23 feet [4] - 11:8, 12:16, 13:9 filed [2] - 9:3, 12:11 first [3] - 8:24, 9:18, 13:3 focused [1] - 6:13 followed [1] - 7:20 following [1] - 5:1 follows [3] - 5:4, 9:19, 13:4 foot [3] - 10:13, 10:14, 13:8 foregoing [1] - 16:6 formally [1] - 7:14 Forristall [3] - 2:4, 8:11, 14:18 FORRISTALL [3] - 8:12, 14:15, 14:19 front [2] - 8:6, 12:15 G gas [2] - 11:15, 11:17 General [2] - 9:10, 12:18 given [1] - 16:12 Green [1] - 2:7 green [2] - 8:17, 14:24 GREEN [3] - 8:7, 8:18, 15:1 guys [1] - 6:7 H hand [4] - 6:5, 6:13, 16:24, 17:4 HASENBALG [1] - 3:2 heard [2] - 5:15, 7:14 hearing [12] - 5:3, 5:21, 6:3, 6:12, 6:21, 7:23, 9:1, 11:23, 14:10, 14:13, 16:6, 16:14 HEARINGS [1] - 1:11 hearings [7] - 5:6, 5:8, 5:16, 6:24, 7:5, 15:6, 15:9 height [3] - 9:7, 10:13, 11:5 heights [1] - 11:16 hereby [1] - 16:5 hereto [2] - 16:19, 16:22 hereunto [1] - 17:3 hi [1] - 13:5 Holzer [3] - 8:4, 12:10, 13:6 HOLZER [6] - 4:4, 12:23, 13:2, 13:5, 13:21, 14:8 HYETT [2] - 8:14, 14:21 Hyett [3] - 2:3, 8:13, 14:20 I identical [1] - 11:11 ILLINOIS [2] - 1:7, 16:1 Illinois [10] - 1:18, 3:4, 4:24, 9:4, 12:12, 12:20, 16:4, 17:4, 17:9 IN [1] - 17:3 inches [1] - 10:13 indirectly [1] - 16:20 interested [1] - 16:19 interrupts [1] - 6:20 invite [1] - 5:9 item [1] - 12:9 J job [1] - 7:4 K keep [1] - 11:20 Kendall [2] - 9:4, 12:12 kind [3] - 13:7, 13:11, 13:13 Krysti [1] - 2:9 L LAMB [1] - 3:3 landscaping [1] - 10:24 LASALLE [1] - 16:2 leave [1] - 6:21 Leland [1] - 17:4 lengthy [1] - 6:9 License [1] - 4:24 likewise [1] - 7:10 limit [1] - 6:17 line [1] - 10:20 LINNANE [3] - 8:20, 14:14, 15:3 Linnane [3] - 2:5, 8:19, 15:2 local [1] - 11:15 located [3] - 9:11, 12:16, 12:19 looks [1] - 11:11 LTD [1] - 3:2 M machine [1] - 16:8 Marge [1] - 2:5 Marlys [1] - 2:12 matter [1] - 6:13 matters [1] - 5:20 maximum [3] - 9:6, 9:7 means [1] - 16:8 meet [1] - 10:15 meeting [3] - 5:7, 10:19, 15:6 MEGAN [1] - 3:3 member [2] - 6:4, 6:19 members [3] - 5:9, 6:23, 7:6 Mendez [1] - 2:11 Michael [3] - 2:6, 8:4, 12:10 Mike [1] - 13:6 MIKE [2] - 4:4, 13:2 minimum [1] - 12:15 Minute [1] - 2:12 monument [5] - 8:3, 9:5, 10:3, 11:1, 11:10 motion [4] - 7:22, 8:10, 14:12, 14:17 move [1] - 9:24 moved [2] - 8:7, 14:14 moving [1] - 10:6 MR [7] - 9:15, 9:20, 12:4, 12:23, 13:5, 13:21, 14:8 MS [17] - 3:3, 7:24, 8:11, 8:13, 8:15, 8:17, 8:19, 8:21, 8:23, 11:24, 12:2, 14:18, 14:20, 14:22, 14:24, 15:2, 15:4 must [1] - 7:2 N name [1] - 5:24 Naper [1] - 3:3 Naperville [1] - 3:4 near [1] - 12:19 needed [1] - 10:8 new [1] - 10:21 newer [1] - 11:13 next [2] - 9:24, 12:9 NOBLE [3] - 7:24, 11:24, 12:2 Noble [1] - 2:9 North [1] - 3:3 northeast [2] - 9:11, 12:19 number [1] - 9:7 numbers [1] - 7:23 O October [1] - 10:1 OF [3] - 1:6, 16:1, 16:2 once [2] - 5:16, 7:13 one [1] - 5:23 open [1] - 7:22 opposition [3] - 7:21, 12:7, 13:23 option [1] - 13:16 order [1] - 7:18 orderly [1] - 6:11 Ordinance [2] - 9:9, 12:14 ordinary [1] - 11:18 original [1] - 16:22 OTTOSEN [1] - 3:2 outcome [1] - 16:20 P p.m [3] - 1:22, 5:3, 15:10 PAGE [1] - 4:2 Pages [1] - 16:7 parcel [1] - 12:16 participation [1] - 7:17 parties [1] - 16:19 period [1] - 7:15 permit [1] - 9:5 personal [2] - 6:14, 16:11 persons [2] - 5:12, 5:22 petition [2] - 7:23, 14:11 petitioner [8] - 5:14, 6:3, 7:8, 7:10, 9:2, 9:13, 12:10, 12:22 petitioner's [1] - 7:19 place [1] - 16:15 plan [2] - 6:2, 13:14 Planner [1] - 2:11 Planning [1] - 5:6 PLANNING [1] - 1:10 podium [2] - 6:1, 7:1 point [1] - 9:23 Pointe [1] - 1:17 points [1] - 6:15 Prairie [1] - 1:17 prepared [1] - 9:14 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - April 9, 2025 2 present [5] - 5:13, 9:13, 9:22, 12:6, 12:22 PRESENT [2] - 2:1, 2:8 presentation [3] - 7:19, 9:14, 13:7 pretty [2] - 11:11, 13:17 previously [2] - 10:1, 10:12 proceedings [3] - 5:2, 15:8, 16:13 product [4] - 10:4, 10:7, 10:10, 11:13 productive [1] - 6:12 project [1] - 10:2 property [2] - 9:10, 12:18 proposed [3] - 5:10, 10:18, 13:1 proposing [1] - 11:14 provided [1] - 12:2 PUBLIC [1] - 1:11 public [22] - 5:2, 5:5, 5:9, 5:12, 5:16, 6:3, 6:4, 6:19, 7:7, 7:11, 7:12, 7:13, 7:14, 7:23, 9:1, 14:7, 14:10, 14:13, 15:6, 15:9, 16:6, 16:14 purpose [1] - 5:8 PZC [4] - 7:23, 8:4, 9:1, 12:10 Q questions [4] - 5:14, 7:7, 7:8, 7:12 QuikTrip [2] - 8:2, 9:2 R raise [1] - 6:5 ready [1] - 12:24 real [2] - 9:10, 12:18 realized [1] - 10:8 really [2] - 11:3, 13:6 receiving [1] - 7:18 recommendation [1] - 5:19 record [3] - 7:2, 14:7, 16:12 redirect [1] - 6:18 reduce [1] - 12:14 reduced [2] - 8:6, 16:9 regarding [3] - 5:10, 5:15, 14:11 regulation [1] - 12:13 relative [2] - 16:16, 16:17 relevant [1] - 7:8 remain [1] - 6:23 remarks [1] - 6:18 repeat [1] - 6:5 repeatedly [1] - 6:20 repeating [1] - 6:15 repetitive [1] - 6:17 REPORTED [1] - 4:23 reported [1] - 16:7 reporter [1] - 7:2 Reporter [1] - 16:4 represent [1] - 5:24 reproduced [1] - 17:1 request [6] - 5:14, 5:15, 7:21, 12:7, 13:1, 13:24 requested [1] - 10:9 requesting [4] - 8:3, 8:5, 9:4, 12:12 requests [1] - 5:10 required [1] - 12:15 respond [1] - 7:11 response [3] - 12:8, 14:1, 14:4 responses [2] - 11:23, 14:6 responsibility [1] - 17:1 review [1] - 6:10 Rich [1] - 2:2 roll [2] - 8:9, 14:16 Route [4] - 9:12, 12:20 rules [1] - 6:11 Rusty [1] - 2:3 Ryan [1] - 2:4 S Sara [1] - 2:11 scheduled [1] - 5:6 Schultz [1] - 13:14 script [1] - 6:9 seated [1] - 6:8 second [2] - 8:8, 14:15 Section [2] - 9:8, 12:13 see [3] - 10:21, 11:12, 11:19 seeking [1] - 12:14 set [1] - 17:3 setback [4] - 12:15, 13:9, 13:10, 13:15 setbacks [1] - 8:6 setting [1] - 13:16 seven [1] - 10:13 short [1] - 9:23 Shorthand [1] - 16:4 shorthand [1] - 16:9 show [2] - 10:10, 10:24 showing [1] - 11:10 side [2] - 11:9 side-by-side [1] - 11:9 sign [17] - 6:1, 9:5, 9:6, 9:7, 10:8, 10:9, 10:10, 10:12, 10:15, 10:16, 10:18, 11:1, 11:6, 11:8, 11:10, 11:13, 11:16 signage [1] - 8:4 signed [1] - 16:23 significant [1] - 11:4 signs [3] - 9:6, 9:8, 10:3 silent [1] - 6:24 similar [1] - 11:17 simple [1] - 13:7 simultaneously [1] - 16:9 site [2] - 10:11, 13:14 size [2] - 10:13, 11:7 slide [1] - 9:24 sorry [1] - 8:1 South [2] - 12:16, 13:8 speakers [2] - 6:18, 7:12 speaking [2] - 6:12, 7:1 specified [1] - 16:15 square [2] - 10:14, 11:8 SS [1] - 16:1 stand [1] - 6:4 standards [3] - 11:24, 12:1, 14:7 start [1] - 9:20 STATE [1] - 16:1 State [3] - 9:12, 16:4 state [1] - 5:23 stations [2] - 11:15, 11:17 stay [1] - 6:18 stenographically [1] - 16:8 straight [1] - 9:23 Street [2] - 12:17, 13:8 subject [1] - 5:20 Suite [1] - 3:3 sweet [1] - 9:23 sworn [3] - 6:6, 9:18, 13:3 T Taker [1] - 2:12 technically [1] - 11:7 ten [1] - 10:13 testified [2] - 9:18, 13:3 testify [1] - 5:22 testimony [7] - 5:9, 5:12, 7:3, 7:18, 14:11, 14:13, 16:12 thanking [1] - 9:21 thereof [1] - 16:23 third [5] - 10:4, 10:7, 10:10, 11:13, 13:12 tonight [4] - 5:11, 7:19, 11:23, 13:7 tonight's [8] - 5:6, 5:17, 5:20, 6:3, 6:21, 6:24, 7:3, 15:6 topic [1] - 6:18 topics [1] - 6:15 transcript [2] - 16:7, 16:23 transcription [2] - 7:5, 16:10 true [1] - 16:12 try [1] - 9:22 turn [1] - 13:17 turn-around [1] - 13:17 two [2] - 5:5, 9:5 typewriting [1] - 16:10 U under [3] - 16:11, 16:24, 17:2 understood [1] - 10:19 Unified [1] - 12:14 UNITED [1] - 1:6 United [4] - 3:5, 9:3, 9:8, 12:11 unless [1] - 6:24 unrelated [1] - 6:14 V valid [1] - 11:6 variance [5] - 8:5, 9:5, 10:9, 11:5, 12:13 variances [1] - 8:3 via [2] - 7:9, 16:10 VINYARD [19] - 5:5, 6:7, 8:1, 8:9, 8:22, 8:24, 9:16, 11:22, 12:1, 12:5, 12:9, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - April 9, 2025 3 12:24, 13:19, 13:22, 14:2, 14:5, 14:9, 14:16, 15:5 Vinyard [3] - 2:2, 8:21, 15:4 VITOSH [2] - 16:3, 17:9 Vitosh [2] - 4:23, 17:8 vote [5] - 5:18, 7:16, 8:9, 14:17 W Wednesday [1] - 1:21 WHEREOF [1] - 17:3 WHEREUPON [1] - 5:1 wish [2] - 5:13, 7:20 wishes [2] - 12:6, 13:23 wishing [1] - 5:22 WITNESS [2] - 4:2, 17:3 witnesses [1] - 6:6 Y yard [2] - 8:6, 12:15 YORKVILLE [2] - 1:6, 1:7 Yorkville [5] - 1:18, 3:6, 9:4, 11:19, 12:12 YOUNG [13] - 8:11, 8:13, 8:15, 8:17, 8:19, 8:21, 8:23, 14:18, 14:20, 14:22, 14:24, 15:2, 15:4 Young [1] - 2:12 Z zoned [2] - 9:10, 12:18 zoning [1] - 8:5 ZONING [1] - 1:10 Zoning [1] - 5:7 1 Summary In 2024, the City Council approved ten (10) developments, which required rezoning. Due to the inconsistency of the parcels with the adopted Comprehensive Plan Update of 2016, the future land use designations and maps of each area requires amending. Staff is recommending amending the plan to change the future land uses of these projects to their now approved land use. It is important to make these changes to ensure the plan is consistent with the approved use or current built environment and is not interpreted incorrectly within the planning horizon of the document. A list of these developments can be found in the table below. New Leaf Energy Solar Farm, approved in 2023, is also part of the list since it was not included in the amendment list in 2024. Project Current Comp Plan Future Land Use Designation Proposed Comprehensive Future Land Use Designation PZC 2022-24 New Leaf Energy Solar Farm Metra Station Transit-Oriented Development and Estate/Conservation Residential Agricultural Zone (AZ) PZC 2024-01 Yorkville Renewable Solar (Nexamp) Estate/Conservation Residential Agricultural Zone (AZ) PZC 2024-03 1.5 Mile Review for 8115 IL Route 47 (Grainco FS, Inc. & A.B. Schwartz) Estate/Conservation Residential and Agricultural Zone General Industrial (GI) PZC 2024-05 Corneils Road Solar Estate/Conservation Residential Agricultural Zone (AZ) PZC 2024-07 Kelaka / Green Door Capital Estate/Conservation Residential General Industrial (GI) PZC 2024-09 1.5 Mile Review for 1520 Cannonball Trail (Fox Valley Family YMCA) Estate/Conservation Residential and Agricultural Zone Destination Commercial (DC) PZC 2024-11 1.5 Mile Review for 7789 IL Route 47 (Jerry Styrczula / A&D Properties) Estate/Conservation Residential and Agricultural Zone General Industrial (GI) Memorandum To: Planning and Zoning Commission From: David Hansen, Senior Planner CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Sara Mendez, Senior Planner Date: May 14, 2025 Subject: PZC 2025-04: Comprehensive Plan Update – Future Land Use Amendments 2 PZC 2024-26 DMYF, LLLP (Daniels, Malinski Yorkville Family) Suburban Neighborhoods General Industrial (GI) PZC 2024-29 1115, LLC (Fox Haven Multi- Family Residential Townhome Development) Commercial Office Mid-Density Residential (MDR) PZC 2024-31 Hamman – Kelaka, LLC Estate/Conservation Residential General Industrial (GI) PZC 2024-33 Costco Wholesale Warehouse Mid Density Residential Destination Commercial (DC) Proposed Amendments The following is a summary of the proposed amendments to the Comprehensive Plan Update staff is recommending for each development as well as map images proposed for the amended Future Land Use map in the City’s Comprehensive Plan. PZC 2022-24: New Leaf Energy Solar Farm Current Future Land Use: Metra Station Transit-Oriented Development and Estate/Conservation Residential Proposed Future Land Use: Agricultural Zone 3 Summary: An application was submitted requesting annexation, rezoning, and special use permit approval to construct a 5- megawatt (MW) alternating current (AC) freestanding community solar farm located immediately north of the BNSF railroad line and east of Beecher Road. The 48-acre farmland property consists of three parcels, which 19 of the acres will be used for a solar farm. The parcels were annexed to the City’s default R-1 Single Family Suburban Residential zoning and were rezoned to A-1 Agricultural District. Amendment: The property was originally designated as “Metra Station Transit-Oriented Development”, which is intended to guide future development for the City’s two potential Metra train station districts. One of the three parcels was also originally designated as “Estate/Conservation Residential”, which is intended to allow flexibility in residential design, accommodating low-density detached single-family housing while preserving sensitive environmental and scenic features. The “Agricultural Zone” designation is meant for general farming uses. Changing this property’s designation to “Agricultural Zone” is consistent with the A-1 Agriculture zoning and the approved solar farm land use. PZC 2024-01: Yorkville Renewable Solar (Nexamp) Current Future Land Use: Estate/Conservation Residential Proposed Future Land Use: Agricultural Zone (AZ) Summary: An application was submitted requesting rezoning, special use, and variance authorization to construct a 5-megawatt (MW) freestanding community solar facility located near the southwest corner of Galena Road and Route 47 within the former East Westbury Village Planned Unit Development (PUD). The property is currently utilized for farming. The property was rezoned R-2 Single-Family Traditional Residence District to the A-1 Agricultural District. Amendment: The property was originally designated “Estate/Conservation Residential”, which is intended to allow flexibility in residential design, accommodating low-density detached single-family housing while preserving sensitive environmental and scenic features. The “Agricultural Zone” designation is meant for general farming uses. Changing this property’s designation to “Agricultural Zone” is consistent with the A-1 Agriculture zoning and the approved solar farm land use. 4 PZC 2024-03: 1.5 Mile Review for 8115 IL Route 47 (Grainco FS, Inc. & A.B. Schwartz) Current Future Land Use: Estate/Conservation Residential and Agricultural Zone Proposed Future Land Use: General Industrial (GI) Summary: An application was submitted requesting rezoning and an amendment to Kendall County’s Future Land Use Map from A- 1 Agricultural District to M-1 Limited Manufacturing District located at 8115 IL Route 47 for the purpose of operating a tile business, offices, warehouses, fuel storage, and other light industrial uses within existing structures. The property is approximately 20 acres in size and is located within one and a half miles of the planning boundary for Yorkville, allowing the city the opportunity to review and provide comments to Kendall County. Amendment: The property was originally designated “Estate/Conservation Residential”, which is intended to allow flexibility in residential design, accommodating low-density detached single-family housing while preserving sensitive environmental and scenic features. Part of the property was also originally designated “Agricultural Zone”, which is meant for general farming uses. The “General Industrial” designation is meant to accommodate a broad range of warehousing, manufacturing, and energy/industrial land uses. Changing this property’s designation to “General Industrial” is consistent with the County’s M-1 zoning and the approved industrial land use. PZC 2024-05: Corneils Road Solar Current Future Land Use: Estate/Conservation Residential Proposed Future Land Use: Agricultural Zone (AZ) 5 Summary: An application was submitted requesting annexation, rezoning, and special use permit approval to construct a 5-megawatt (MW) alternating current (AC) freestanding community solar farm located immediately north of Corneils Road, east of Beecher Road and west of IL Route 47 (N. Bridge Street). The 94-acre existing farmland property, which 31 acres will be used for a solar farm, was annexed to the City’s default R-1 Single Family Suburban Residential zoning and was rezoned to A-1 Agricultural District. Amendment: The property was originally designated “Estate/Conservation Residential”, which is intended to allow flexibility in residential design, accommodating low-density detached single-family housing while preserving sensitive environmental and scenic features. The “Agricultural Zone” designation is meant for general farming uses. Changing this property’s designation to “Agricultural Zone” is consistent with the A-1 Agriculture zoning and the approved solar farm land use. PZC 2024-07: Kelaka / Green Door Capital Current Future Land Use: Estate/Conservation Residential Proposed Future Land Use: General Industrial (GI) Summary: An application was submitted requesting annexation and rezoning approximately 148-acres of unincorporated farmland generally located south of the Burlington Santa Fe railroad line, just southeast of Faxon Road for the purpose of constructing and operating a future industrial/data center land use. The subject property consists of a portion of an existing 191-acre parcel. The property was rezoned R-1 Single-Family Suburban Residential District to M-2 General Manufacturing District. Amendment: The property was originally designated “Estate/Conservation Residential”, which is intended to allow flexibility in residential design, accommodating low-density detached single-family housing while preserving sensitive environmental and scenic features. The “General Industrial” designation is meant to accommodate a broad range of warehousing, manufacturing, and energy/industrial land uses. Changing this property’s designation to “General Industrial” is consistent with the M-2 General Manufacturing zoning and future industrial / data center land use. 6 PZC 2024-09: 1.5 Mile Review for 1520 Cannonball Trail (Fox Valley Family YMCA) Current Future Land Use: Estate/Conservation Residential and Agricultural Zone Proposed Future Land Use: Destination Commercial (DC) Summary: An application was submitted requesting site plan approval to construct a YMCA recreational facility, parking, and related infrastructure to a property at 1520 Cannonball Trail in Bristol Township. The property is approximately 25.8 acres and is located within one and a half miles of the planning boundary for Yorkville, allowing the city the opportunity to review and provide comments to Kendall County. Amendment: The property was originally designated “Estate/Conservation Residential”, which is intended to allow flexibility in residential design, accommodating low-density detached single-family housing while preserving sensitive environmental and scenic features. Part of the property was also originally designated “Agricultural Zone”, which is meant for general farming uses. The “Destination Commercial” is intended for a broad range of commercial activities ranging from large format retail and strip centers to hotels and recreational complexes. Changing this property’s designation to “Destination Commercial” is consistent with the County’s B-4 zoning and the approved recreational facility land use. PZC 2024-11: 1.5 Mile Review for 7789 IL Route 47 (Jerry Styrczula / A&D Properties) Current Future Land Use: Estate/Conservation Residential and Agricultural Zone Proposed Future Land Use: General Industrial (GI) Summary: An application was submitted requesting rezoning from B-3 Highway Business District to M-1 Limited Manufacturing District located at 7789 IL Route 47 to operate a trucking business for the sale and storage of semi-trailers, small trailers, semi-tractors, and similar uses at the subject property. The property is approximately 16.4 acres and is located within one 7 and a half miles of the planning boundary for Yorkville, allowing the city the opportunity to review and provide comments to Kendall County. Amendment: The property was originally designated “Estate/Conservation Residential”, which is intended to allow flexibility in residential design, accommodating low-density detached single-family housing while preserving sensitive environmental and scenic features. Part of the property was also originally designated “Agricultural Zone”, which is meant for general farming uses. The “General Industrial” designation is meant to accommodate a broad range of warehousing, manufacturing, and energy/industrial land uses. Changing this property’s designation to “General Industrial” is consistent with the County’s M-1 zoning and the approved industrial land use. PZC 2024-26: DMYF, LLLP (Daniels, Malinski Yorkville Family) Current Future Land Use: Suburban Neighborhoods and Estate/Conservation Residential Proposed Future Land Use: General Industrial (GI) Summary: An application was submitted requesting annexation and rezoning approximately 270-acres of unincorporated farmland generally north of US 34 (Veterans Parkway), west of Beecher Road and Kendall Marketplace, and approximately 850 feet east of Eldamain Road for the purpose of constructing and operating a future industrial/data center land use. The property was rezoned R-1 Single-Family Suburban Residential District to M-2 General Manufacturing District. Amendment: The property was originally designated “Suburban Neighborhood”, which is meant to provide single family detached housing options in traditional subdivision layouts. Part of the property was also designated “Estate/Conservation Residential”, which is intended to allow flexibility in residential design, accommodating low-density detached single- family housing while preserving sensitive environmental and scenic features. The “General Industrial” designation is meant to accommodate a broad range of warehousing, manufacturing, and energy/industrial land uses. Changing this property’s designation to “General Industrial” is consistent with the M-2 General Manufacturing zoning and future industrial / data center land use. 8 PZC 2024-29: 1115, LLC (Fox Haven Multi-Family Residential Townhome Development) Current Future Land Use: Commercial Office Proposed Future Land Use: Mid-Density Residential (MDR) Summary: An application was submitted requesting rezoning the 13-acre parcel from R-1 Single-Family Suburban Residence District to R-4 General Multi-Family Residence District for the purpose of developing a townhome community, known as Fox Haven, with 18 buildings totaling 105 townhome units located at 1115 South Bridge Street. The one-acre parcel fronting S Bridge Street will remain zoned as B-3 General Business District, with plans for a future commercial development and is not part of the amendment The property was formally occupied by the Parfection Park which included a golf range, batting cages, and mini golf outdoor entertainment venue which closed in October 2017. Amendment: The property was originally designated “Commercial Office”, which is meant to provide commercial, office, and retail space along the City’s main commercial corridors including Route 47 and Route 34. The “Mid-Density Residential” designation is meant to provide higher density residential developments near commercial areas which include a variety of housing options. Changing this property’s designation to “Mid-Density Residential” is consistent with the R-4 zoning and the approved multi-family residential land use. PZC 2024-31: Hamman – Kelaka, LLC Current Future Land Use: Estate/Conservation Residential Proposed Future Land Use: General Industrial (GI) 9 Summary: An application was submitted requesting annexation and rezoning. The annexation request involves two parcels totaling approximately 62.54 acres, located south of Faxon Road and west of Iroquois Lane, which are currently undeveloped and used for farming. Additionally, the rezoning request is for three parcels totaling approximately 112.44 acres. The three parcels include the two annexation related parcels and one parcel north of West Veterans Parkway (US 34) and east of Eldamain Road, which is already located within City limits. The two northern parcels were rezoned from R-1 Single- Family Suburban Residential District to M-2 General Manufacturing District and the one parcel within City limits along US 34 was rezoned from B-3 General Business District to M-2 General Manufacturing District to accommodate future uses consistent with a proposed data center development. Amendment: All three parcels were originally designated “Estate/Conservation Residential”, which is intended to allow flexibility in residential design, accommodating low-density detached single-family housing while preserving sensitive environmental and scenic features. The “General Industrial” designation is meant to accommodate a broad range of warehousing, manufacturing, and energy/industrial land uses. Changing this property’s designation to “General Industrial” is consistent with the M-2 General Manufacturing zoning and future industrial / data center land use. PZC 2024-33: Costco Wholesale Warehouse Current Future Land Use: Mid Density Residential Proposed Future Land Use: Destination Commercial (DC) Summary: An application was submitted requesting a PUD amendment, special use, and final plat to develop a members-only retail store spanning approximately 160,000 square feet and to establish and operate a standalone fueling facility generally located north of Veteran’s Parkway, east of McHugh Road, and southwest of East Countryside Parkway. The project is considered a major PUD amendment and would amend the Yorkville Crossing PUD. Additionally, the property’s existing B-3 zoning classification will remain unchanged. Amendment: The property was originally designated “Mid-Density Residential”, which is meant to provide higher density residential developments near commercial areas which include a variety of housing options. The “Destination Commercial” is intended for a broad range of commercial activities ranging from large format retail and strip centers to hotels and recreational complexes. Changing this property’s designation to “Destination Commercial” is consistent with the B-3 zoning and the approved large retail store and fueling facility land use. Staff Comments The Comprehensive Plan land use map is a guide to future development and zoning decisions, but it is also meant to be adjusted when circumstances warrant a change in planning direction in a given area of 10 the City. The changes to these areas have already been decided by the City Council and it is appropriate to change their corresponding land use designations. Proposed Motion In consideration of testimony presented during a Public Hearing on May 14, 2025 and discussions conducted at that meeting, the Planning and Zoning Commission recommends approval to the City Council of a request to amend the Yorkville Comprehensive Plan, including a modified future land use map, pursuant to Section 11-12-7 of the Illinois Municipal Code (65 ILCS 5/11-12-7) and Section 9-1-1 of the Yorkville City Code. The proposed amendment adds sections the Future Land Use – Map Addendum to reclassify eleven (11) identified developments. The changes are a result of a rezoning approvals made by the City Council in calendar years 2023 and 2024. Attachments 1. Proposed Appendix Amendment Pages 2. Public Hearing Notice Affidavit SECTION 9 - STEWARDSHIP AND IMPLEMENTATION 189THE YORKVILLE PLAN • CONNECTING OUR PAST TO THE FUTURE FUTURE LAND USE - MAP ADDENDUMS NORTHPOINTE DEVELOPMENT New Future Land Use Designation: Mid-Density Residential Summary: In 2023, an application was approved requesting rezoning and variance to construct a three-story 48-unit senior living apartment complex at the southeast intersection of Sycamore Road and Route 34. The 3.43-acre property was originally zoned B-3 General Business District and was rezoned to R-4 General Multi-Family Residence District. The variance request was to increase the density permitted in the R-4 District from eight (8) dwelling units per acre to fourteen (14) dwelling units per acre. The “Mid-Density Residential” designation is meant to provide higher density residential developments near commercial areas which include a variety of housing options. The “Neighborhood Retail” designation is meant for smaller-scaled commercial developments located in close proximity to nearby residential neighborhoods and subdivisions, primarily focused on convenience type retail. The original “Neighborhood Retail” designation reflected the former B-3 zoning. The proposed “Mid-Density Residential” land use is better suited to the approved senior living apartment development. NEW LEAF ENERGY SOLAR FARM New Future Land Use Designation: Agricultural Zone Summary: In 2023, an application wasapproved requesting annexation, rezoning, and special use permit approval to construct a 5-megawatt (MW) alternating current (AC) freestanding community solar farm located immediately north of the BNSF railroad line and east of Beecher Road. The 48-acre farmland property consists of three parcels, which 19 of the acres will be used for a solar farm. The parcels were annexed to the City’s default R-1 Single Family Suburban Residential zoning and were rezoned to A-1 Agricultural District. The property was originally designated as “Metra Station Transit-Oriented Development”, which is intended to guide future development for the City’s two potential Metra train station districts. One of the three parcels was also originally designated as “Estate/Conservation Residential”, which is intended to allow flexibility in residential design, accommodating low-density detached single-family housing while preserving sensitive environmental and scenic features. The “Agricultural Zone” designation is meant for general farming uses. Changing this property’s designation to “Agricultural Zone” is consistent with the A-1 Agriculture zoning and the approved solar farm land use. YORKVILLE RENEWABLE SOLAR (NEXAMP) New Future Land Use Designation: Agricultural Zone Summary: In 2024, an application was approved requesting rezoning, special use, and variance authorization to construct a 5-megawatt (MW) freestanding community solar facility located near the southwest corner of Galena Road and Route 47 within the former East Westbury Village Planned Unit Development (PUD). The property is currently utilized for farming. The property was rezoned R-2 Single-Family Traditional Residence District to the A-1 Agricultural District. The property was originally designated “Estate/Conservation Residential”, which is intended to allow flexibility in residential design, accommodating low-density detached single-family housing while preserving sensitive environmental and scenic features. The “Agricultural Zone” designation is meant for general farming uses. Changing this property’s designation to “Agricultural Zone” is consistent with the A-1 Agriculture zoning and the approved solar farm land use. SECTION 9 - STEWARDSHIP AND IMPLEMENTATION 190 THE YORKVILLE PLAN • CONNECTING OUR PAST TO THE FUTURE FUTURE LAND USE - MAP ADDENDUMS 1.5 MILE REVIEW FOR 8115 IL ROUTE 47 (GRAINCO FS, INC. & A.B. SCHWARTZ) New Future Land Use Designation: General Industrial Summary: In 2024, an application was approved requesting rezoning and an amendment to Kendall County’s Future Land Use Map from A-1 Agricultural District to M-1 Limited Manufacturing District located at 8115 IL Route 47 for the purpose of operating a tile business, offices, warehouses, fuel storage, and other light industrial uses within existing structures. The property is approximately 20 acres in size and is located within one and a half miles of the planning boundary for Yorkville, allowing the city the opportunity to review and provide comments to Kendall County. The property was originally designated “Estate/Conservation Residential”, which is intended to allow flexibility in residential design, accommodating low-density detached single-family housing while preserving sensitive environmental and scenic features. Part of the property was also originally designated “Agricultural Zone”, which is meant for general farming uses. The “General Industrial” designation is meant to accommodate a broad range of warehousing, manufacturing, and energy/industrial land uses. Changing this property’s designation to “General Industrial” is consistent with the County’s M-1 zoning and the approved industrial land use. CORNEILS ROAD SOLAR New Future Land Use Designation: Agricultural Zone Summary: In 2024, an application was approved requesting annexation, rezoning, and special use permit approval to construct a 5-megawatt (MW) alternating current (AC) freestanding community solar farm located immediately north of Corneils Road, east of Beecher Road and west of IL Route 47 (N. Bridge Street). The 94-acre existing farmland property, which 31 acres will be used for a solar farm, was annexed to the City’s default R-1 Single Family Suburban Residential zoning and was rezoned to A-1 Agricultural District. The property was originally designated “Estate/Conservation Residential”, which is intended to allow flexibility in residential design, accommodating low-density detached single-family housing while preserving sensitive environmental and scenic features. The “Agricultural Zone” designation is meant for general farming uses. Changing this property’s designation to “Agricultural Zone” is consistent with the A-1 Agriculture zoning and the approved solar farm land use. KELAKA / GREEN DOOR CAPITAL New Future Land Use Designation: General Industrial Summary: In 2024, an application was approved requesting annexation and rezoning approximately 148-acres of unincorporated farmland generally located south of the Burlington Santa Fe railroad line, just southeast of Faxon Road for the purpose of constructing and operating a future industrial/data center land use. The subject property consists of a portion of an existing 191-acre parcel. The property was rezoned R-1 Single-Family Suburban Residential District to M-2 General Manufacturing District. The property was originally designated “Estate/Conservation Residential”, which is intended to allow flexibility in residential design, accommodating low-density detached single-family housing while preserving sensitive environmental and scenic features. The “General Industrial” designation is meant to accommodate a broad range of warehousing, manufacturing, and energy/industrial land uses. Changing this property’s designation to “General Industrial” is consistent with the M-2 General Manufacturing zoning and future industrial / data center land use. SECTION 9 - STEWARDSHIP AND IMPLEMENTATION 191THE YORKVILLE PLAN • CONNECTING OUR PAST TO THE FUTURE FUTURE LAND USE - MAP ADDENDUMS 1.5 MILE REVIEW FOR 1520 CANNONBALL TRAIL (FOX VALLEY FAMILY YMCA) New Future Land Use Designation: Destination Commercial Summary: In 2024, an application was approved requesting site plan approval to construct a YMCA recreational facility, parking, and related infrastructure to a property at 1520 Cannonball Trail in Bristol Township. The property is approximately 25.8 acres and is located within one and a half miles of the planning boundary for Yorkville, allowing the city the opportunity to review and provide comments to Kendall County. The property was originally designated “Estate/Conservation Residential”, which is intended to allow flexibility in residential design, accommodating low-density detached single-family housing while preserving sensitive environmental and scenic features. Part of the property was also originally designated “Agricultural Zone”, which is meant for general farming uses. The “Destination Commercial” is intended for a broad range of commercial activities ranging from large format retail and strip centers to hotels and recreational complexes. Changing this property’s designation to “Destination Commercial” is consistent with the County’s B-4 zoning and the approved recreational facility land use. 1.5 MILE REVIEW FOR 7789 IL ROUTE 47 (JERRY STYRCZULA / A&D PROPERTIES) New Future Land Use Designation: General Industrial Summary: In 2024, an application was approved requesting rezoning from B-3 Highway Business District to M-1 Limited Manufacturing District located at 7789 IL Route 47 to operate a trucking business for the sale and storage of semi-trailers, small trailers, semi-tractors, and similar uses at the subject property. The property is approximately 16.4 acres and is located within one and a half miles of the planning boundary for Yorkville, allowing the city the opportunity to review and provide comments to Kendall County. The property was originally designated “Estate/Conservation Residential”, which is intended to allow flexibility in residential design, accommodating low-density detached single-family housing while preserving sensitive environmental and scenic features. Part of the property was also originally designated “Agricultural Zone”, which is meant for general farming uses. The “General Industrial” designation is meant to accommodate a broad range of warehousing, manufacturing, and energy/industrial land uses. Changing this property’s designation to “General Industrial” is consistent with the County’s M-1 zoning and the approved industrial land use. DMYF, LLLP (DANIELS, MALINSKI YORKVILLE FAMILY) New Future Land Use Designation: General Industrial Summary: In 2025, an application was approved requesting annexation and rezoning approximately 270-acres of unincorporated farmland generally north of US 34 (Veterans Parkway), west of Beecher Road and Kendall Marketplace, and approximately 850 feet east of Eldamain Road for the purpose of constructing and operating a future industrial/data center land use. The property was rezoned R-1 Single-Family Suburban Residential District to M-2 General Manufacturing District. The property was originally designated “Suburban Neighborhood”, which is meant to provide single family detached housing options in traditional subdivision layouts. Part of the property was also designated “Estate/Conservation Residential”, which is intended to allow flexibility in residential design, accommodating low-density detached single-family housing while preserving sensitive environmental and scenic features. The “General Industrial” designation is meant to accommodate a broad range of warehousing, manufacturing, and energy/industrial land uses. Changing this property’s designation to “General Industrial” is consistent with the M-2 General Manufacturing zoning and future industrial / data center land use. SECTION 9 - STEWARDSHIP AND IMPLEMENTATION 192 THE YORKVILLE PLAN • CONNECTING OUR PAST TO THE FUTURE FUTURE LAND USE - MAP ADDENDUMS 1115, LLC (FOX HAVEN MULTI-FAMILY RESIDENTIAL TOWNHOME DEVELOPMENT) New Future Land Use Designation: Mid-Density Residential Summary: In 2025, an application was approved requesting rezoning the 13-acre parcel from R-1 Single-Family Suburban Residence District to R-4 General Multi-Family Residence District for the purpose of developing a townhome community, known as Fox Haven, with 18 buildings totaling 105 townhome units located at 1115 South Bridge Street. The one-acre parcel fronting S Bridge Street will remain zoned as B-3 General Business District, with plans for a future commercial development and is not part of the amendment The property was formally occupied by the Parfection Park which included a golf range, batting cages, and mini golf outdoor entertainment venue which closed in October 2017. The property was originally designated “Commercial Office”, which is meant to provide commercial, office, and retail space along the City’s main commercial corridors including Route 47 and Route 34. The “Mid-Density Residential” designation is meant to provide higher density residential developments near commercial areas which include a variety of housing options. Changing this property’s designation to “Mid-Density Residential” is consistent with the R-4 zoning and the approved multi-family residential land use. HAMMAN – KELAKA, LLC New Future Land Use Designation: General Industrial Summary: In 2025, an application was approved requesting annexation and rezoning. The annexation request involves two parcels totaling approximately 62.54 acres, located south of Faxon Road and west of Iroquois Lane, which are currently undeveloped and used for farming. Additionally, the rezoning request is for three parcels totaling approximately 112.44 acres. The three parcels include the two annexation related parcels and one parcel north of West Veterans Parkway (US 34) and east of Eldamain Road, which is already located within City limits. The two northern parcels were rezoned from R-1 Single-Family Suburban Residential District to M-2 General Manufacturing District and the one parcel within City limits along US 34 was rezoned from B-3 General Business District to M-2 General Manufacturing District to accommodate future uses consistent with a proposed data center development. All three parcels were originally designated “Estate/Conservation Residential”, which is intended to allow flexibility in residential design, accommodating low- density detached single-family housing while preserving sensitive environmental and scenic features. The “General Industrial” designation is meant to accommodate a broad range of warehousing, manufacturing, and energy/industrial land uses. Changing this property’s designation to “General Industrial” is consistent with the M-2 General Manufacturing zoning and future industrial / data center land use. COSTCO WHOLESALE WAREHOUSE New Future Land Use Designation: Destination Commerical Summary: In 2025, an application was submitted requesting a PUD amendment, special use, and final plat to develop a members-only retail store spanning approximately 160,000 square feet and to establish and operate a standalone fueling facility generally located north of Veteran’s Parkway, east of McHugh Road, and southwest of East Countryside Parkway. The project is considered a major PUD amendment and would amend the Yorkville Crossing PUD. Additionally, the property’s existing B-3 zoning classification will remain unchanged. The property was originally designated “Mid-Density Residential”, which is meant to provide higher density residential developments near commercial areas which include a variety of housing options. The “Destination Commercial” is intended for a broad range of commercial activities ranging from large format retail and strip centers to hotels and recreational complexes. Changing this property’s designation to “Destination Commercial” is consistent with the B-3 zoning and the approved large retail store and fueling facility land use. 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: 7801740 Purchase Order: 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 4/25/2025, and the last publication of the notice was made in the newspaper dated and published on 4/25/2025. This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1. PUBLICATION DATES: Apr 25, 2025. ___________________________________________________________________________________ The Beacon-News In witness, an authorized agent of The Chicago Tribune Media Group has signed this certificate executed in Chicago, Illinois on this 28th Day of April, 2025, by Chicago Tribune Media Group Jeremy Gates Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 1 Summary A request to amend Section 10-4-10. Energy Industrial Use Standards in the Unified Development Ordinance regarding data center facilities. The proposed amendments would introduce development regulations petitioners would be required to follow. Need for Data Center Development Standards: Over the past year, the City has been approached by multiple data center developers and speculative petitioners, highlighting the increasing interest in this sector. Additionally, there has been a rise in speculative zoning applications for data centers without a confirmed end user. Currently, there are ~3,000 acres of land in pivotal locations near the ComEd transmission station off of Eldamain Road that could support data center development. However, the City does not have specific regulations regarding intensive “Energy Industrial Uses” such as data center developments. To ensure responsible growth and maintain high development standards, it is crucial for the City to establish clear data center regulations that developers must follow. Research on Municipalities/Counties with Data Center Specified Regulations: As data center development continues to grow exponentially, many zoning ordinances across the United States do not yet explicitly address development standards for these uses. However, some municipalities are proactively updating their zoning regulations to accommodate the increasing demand. Loudoun County, Virginia—known as "Data Center Alley"—has the highest concentration of data centers in the world, with approximately 200 existing facilities and 117 more in development. To manage this rapid growth, on February 6, 2024, the Loudoun County Board of Supervisors directed staff to initiate a Comprehensive Plan Amendment (CPAM) and a Zoning Ordinance Amendment (ZOAM) to update policies and standards for data centers and electrical substations. The table below outlines various data center development standards implemented in Loudoun County. While Yorkville is not looking to adopt Loudoun County’s standards exactly, it aims to implement similar best practices tailored to the City’s specific needs. Notably, Loudoun County’s regulations do not include specific setbacks for commercial, public institutional, or school uses, which Yorkville intends to incorporate into its approach. Type of Standard Standard for Loudoun County, Virginia Landscape The plant unit composition requirements apply exclusively to buffer or road corridor buffer areas. The specifications are as follows: • Large Deciduous Trees: Up to 30% of the required plant units. • Small Deciduous Trees: Up to 30% of the Memorandum To: Planning and Zoning Commission From: Sara Mendez, Planner I CC: Bart Olson, City Administrator Krysti Barksdale-Noble, Community Development Director Lynn Dubajic, Economic Development Consultant Date: May 7, 2025 Subject: PZC 2025-05 Data Center Development Standards – Text Amendment 2 required plant units. • Evergreen Trees: A minimum of 40% and a maximum of 70% of the required plant units, with trees being at least 8 feet tall when planted. • Shrubs, Ornamental Grasses, and Perennials: Up to 20% of the required plant units. Minimum Building/Structure Setback 200 feet from the shared property line of a residential area only. Building separation from data center structure to residential No regulation in place. Maximum Building Height The maximum building height for data centers is determined by the zoning district. The following are the zoning districts data centers are permitted in and their maximum building height: 1. Industrial Park (IP): 100 feet 2. General Industry (GI): 100 feet 3. Mineral Resource – Heavy Industry (MR-HI): 45 feet Noise study A noise study is required. Generator Noise Testing Hours When adjacent to residential areas: 1. May 1st – September 30th 5pm-7pm 2. October 1st – April 30th 11am-5pm Light and Glare Data centers must include a photometric plan that shows all exterior lighting, including all security lighting. Maximum Illumination: lighting must not cause illumination in excess of 0.25 foot-candles above background light levels measured at the lot line of any adjacent lot or road right-of-way Nuclear Energy Possibly considering due to the high demand of data centers in Virginia. Specific Buffer and Berm Requirements Buffer Type C is required with the specified plantings and located on an earthen berm that has a minimum height of 6 feet and a grade lower than 2:1. Buffer Type C: Opaque, intended to provide the greatest degree of screening feasible and minimize visual contact between uses, creating a strong impression of total separation. 3 Prince William County, Virginia, is also a rapidly growing hub for data centers. As of February 2024, the county had at least 44 data center buildings totaling 8.3 million square feet. To encourage development in areas with existing infrastructure capable of supporting data centers, the county established the Data Center Opportunity Zone Overlay District. In Prince William County, data centers are permitted by right within the overlay district, as well as in various office, industrial, and manufacturing zoning districts. The table below outlines the standards established for the Data Center Opportunity Zone Overlay District: Type of Standard Standard for Prince William County, Virginia Screening of Mechanical Equipment Mechanical equipment must be screened from major roads and residential properties using a building, existing vegetation, or a visually solid fence, wall, or panel. Buffer Yard Requirement A buffer yard is required between data centers and adjacent residential properties. A six-foot earthen berm with Type C plantings must be installed unless existing topography, vegetation, or a six-foot solid fence provides equivalent screening. Type C: Designed to provide maximum screening, minimizing visual exposure between uses and creating a clear sense of separation. Fencing Chain-link and barbed wire fencing are prohibited along public and private streets. Permitted fencing includes Stalwart IS Anti-Ram Barrier & Impasse II, a high-security steel system with an integrated crash-rated barrier. Floor Area Ratio (FAR) Increase Data centers within the Data Center Opportunity Zone Overlay District may have a FAR up to 1.0, provided all other development standards are met. Substations Must be screened from major roads and residential areas with 10-foot opaque fencing. Building Facades Near Historic District Buildings visible from the Manassas Battlefield Park must have non-reflective, dark green or brown facades to blend into the tree line. Chandler, Arizona has seen significant data center development, with notable facilities including H5 Data Centers’ Phoenix Data Center and Digital Realty’s Chandler Data Center. In December 2022, the City of Chandler modified its zoning code to define the location and operation of data centers. The zoning code took effect in January 2023. The table below outlines the standards established in Chandler’s Zoning Code to address data centers: 4 Type of Standard Standard for Chandler, Arizona Restriction on Data Center Operations Data Centers are not permitted to operate unless explicitly approved as part of a Planned Area Development zoning district. Data centers that are ancillary to another primary use are permitted if: 1. They occupy no more than 10% of the building footprint 2. They serve the enterprise function of the on- site property owner and are not used to lease data storage or processing services to third parties 3. They are not housed in a separate, stand-alone structure on the parcel Notification to Residents The data center operator or property owner must notify all residents and homeowners' associations within a 0.5-mile radius of the property about their intent to build and operate a data center. This notice must be mailed to all postal addresses and homeowners' association addresses within the specified radius from the property line of the proposed data center site. Neighborhood Meetings Data center operator must schedule and attend 2 neighborhood meetings with residents to describe the project and the proposed sound-mitigation aspects of the project design. Notice of the neighborhood meetings must be mailed to all residents and homeowner associations within a 0.5-mile radius of the parcel. A representative of the developer or owner with decision-making authority on the design of the data center must attend the neighborhood meetings. Data center operator or property owner must also post a sign on the subject property, at least 15 days before each neighborhood meeting. The sign must be located along an arterial street or other high-visibility location The sign must include the following: 1. The applicant’s name and contact information 2. Brief description of the data center project 3. Date, time, and location of the neighborhood meeting 5 Neighborhood Liaison Requirement After issuance of a certificate of occupancy and commencement of the operation of the data center, the operator of a data center must provide an on-site neighborhood liaison between the hours of 8am and 10pm MST each day to respond to complaints about noise emanating from the data center. Pre-Development Sound Study Requirement Before the first neighborhood meeting, the property owner proposing a data center must conduct a sound study by a third-party acoustic engineer to document baseline noise levels, including measurements at the property line of the nearest residentially zoned or noise-sensitive property. The property owner must provide a copy of the results of the study to the City of Chandler before the 1st neighborhood meeting. Post-Construction Noise Monitoring Requirements After receiving either a certificate of occupancy or a certificate of completion, the data center operator must conduct a noise study by a third-party acoustical engineer to document noise levels at the property line of the nearest residentially zoned or planned property during peak operation of the data center's mechanical equipment. Data center operator must conduct an additional noise study annually during peak operation of the data center mechanical equipment for 5 years after completion of the initial post-construction noise study. Data center operator must provide the results of the noise study to the City of Chandler within 30 days of the anniversary date on which the certificate of occupancy or certificate of completion was issued by the City. Backup Power Generator Notification Requirements If data center operator intends to use backup power generator, the operator must maintain a public website announcing the times when the generators will be in operation. Any routine operation of the backup generators, including for testing purposes, must be announced on the website 24 hours in advance. The operator must also notify the City of Chandler Communications and Public Affairs Department at least 24 hours in advance. Backup generators may operate between the hours of 6 9am and 5pm, Monday – Friday, excluding holidays. Data center operator must provide the address of the website where the notices required. Approved & Proposed Data Centers Since Yorkville identified data centers as permitted land uses in the M-2 General Manufacturing District in the Zoning Ordinance in 2023 and established a placeholder in the recently adopted Unified Development Ordinance for future development standards under Energy Industrial Uses , the City has experienced a growing interest in data center development. With the approval of Yorkville’s first data center project, Cyrus One in 2024, there has been a significant increase in speculative entitlement requests, including annexations and rezonings, for potential data center developments. This trend highlights the need for clearly defined standards to guide future projects and ensure alignment with the City’s long-term planning goals. The table and map below highlight twelve (12) data center projects that have been approved, are currently under review, or involve site inquiries with stated intentions to apply within the City of Yorkville: Development Name Acres Zoning Application Status Approval Status Nearest Distance to Residential Property Line Residential Subdivision Cyrus One 229 acres M-2 Limited Manufacturing District Applied Approved (PUD) (2024) ~2,230 feet Whispering Meadows Prologis (Project Steel) 557 acres Unincorporated Applied Pending (Annex, Rezone, & PUD) ~3,500 feet Caledonia Daniels (South) 267 acres M-2 Limited Manufacturing District Applied Approved (Annex & Rezone) (2025) ~130 feet Fox Hill Daniels (North) 64 acres A-1 Agricultural District Applied Pending (Annex & Rezone) ~98 feet Whispering Meadows Green Door – 50 acres 50 acres M-2 Limited Manufacturing District N/A Approved ~4,300 feet Caledonia Green Door - Hagemann 138 acres M-2 Limited Manufacturing District Applied Approved (Annex & Rezone) (2024) ~7,300 feet Caledonia Green Door – Kelaka 154 acres M-2 Limited Manufacturing District Applied Approved (Annex & Rezone) (2024) ~1,500 feet Kylyn’s Ridge Green Door – Meyer 130 acres R-4 General Multi- Family Residence District (Westbury South Village) Not Applied N/A ~0 feet* Caledonia 7 Hamman- Kelaka 109 acres B-3 General Business District/Unincorporated Applied Approved (Annex & Rezone) (2025) ~0 feet* Kylyn’s Ridge Magnolia Hill Partners 143 acres Unincorporated Not Applied N/A ~2,600 feet Autumn Creek Pioneer (Project Cardinal) 1,048 acres Planned Unit Development (PUD) (Westhaven & Bailey Meadows) Applied Pending (Annex, Rezone, & PUD) ~460 feet Bristol Bay PGP Development 127 acres Unincorporated Not Applied N/A ~650 feet Caledonia *Immediately adjacent to residential property line 8 The table below outlines the approved Planned Unit Development (PUD) and data center projects, including those submitted without a land plan, and highlights the regulations each petitioner has agreed to follow per the applicable Planned Unit Development Agreement/Annexation Agreement. Development Name Regulations Agreed to be Followed Cyrus One 1. Building Setbacks: • Front Yard (Eldamain Road): 150-foot setback from the road’s right-of-way • Rear Yard (Beecher Road): 60-foot setback from the road’s right of way • Side Yard (north and south property lines): 50-foot setback 2. Parking: • .2 parking spaces per 1,000 square feet net floor area • Required to construct a minimum of 400 total spaces, including 10 electric vehicle (EV) charging spots. 3. Access to Subject Property: • 1 access point off Eldamain Road and 1 access off Faxon Road 4. Off-Street Loading: • No more than 1 loading space shall be required per building 5. Landscaping: • The developer must install landscaping along Eldamain, Faxon, and Beecher roadways that meets Transition Zone Type D Standards, while other internal landscaping requirements under UDO Section 10-5-3 are waived 6. Mechanical Screening and Fencing: • Must comply with the City’s Noise Ordinance (Title 4, Chapter 4. Noise Ordinance) 7. Appearance Standards: • Must submit updated building elevations with a final plat application or building permit request. 8. Lots; Street Design • Exempt from Section 10-7-2 and 10-7-3 in the UDO 9. Signage: • Must follow Section 10-6 (Sign Standards) in the UDO 10. Lighting: • Must submit photometric plan along with manufacturer’s cut sheet of proposed lighting standards installed in parking area Daniels (South) There are no zoning and land development regulations to follow due to the absence of a formal land plan. 9 Green Door - Hagemann There are no zoning and land development regulations to follow due to the absence of a formal land plan. Green Door – Kelaka There are no zoning and land development regulations to follow due to the absence of a formal land plan. Hamman- Kelaka 1. Building Restriction: • No buildings shall be erected on the property identified by Parcel Index Number 02-19-200-008. Surface parking, roads and stormwater management facilities shall be permitted on this parcel. 2. Data Center Building to Residential Structure: • No buildings shall be erected closer than 400 feet to nearest existing residential structure. 3. Landscape Buffer and Berm Requirement: • 100-foot landscaped buffer with an 8 foot tall berm shall be installed between the proposed data center and the Kylyn’s Ridge subdivision immediately adjacent and to the east of the Subject Property, and the homes located on Blackberry Shore Lane immediately adjacent and to the south of the Subject Property. This buffer shall include elements such as vegetation, solid fencing, green walls, stormwater management area, living groundcover, and turf to ensure effective visual screening and physical separation between land uses. 4. Building Height: • Any buildings located within 1,500 feet of a residential subdivision shall be no more than seventy (70) feet tall, including all rooftop equipment. 5. Equal Distance Restrictions for Adjacent Residential Areas: • Any distance restrictions on development at the Subject Property that provide a benefit for the Kylyn’s Ridge subdivision, including landscaped buffers, shall also be applied for the benefit of the homes along Blackberry Shore Lane immediately adjacent and to the south of the Subject Property. Proposed Text Amendments: As municipalities like Loudoun County, Prince William County, and the City of Chandler experience rapid data center growth, they have implemented zoning standards tailored to these developments. Similarly, the City of Yorkville is working to adopt specific data center regulations. Since identifying data centers as a permitted use in the M-2 General Manufacturing District in 2023, the City has approved its first Planned Unit Development for the Cyrus One data center. Additionally, there has been a rise in speculative entitlement requests, including annexations and rezonings, for potential data center projects. However, the City’s M-2 General Manufacturing District does not currently include specific development standards for data centers. To ensure responsible growth and maintain high development standards, it is crucial for the City to establish clear data center regulations that developers must follow. The table below compares the standards the City is considering implementing with the current M-2 General Manufacturing District standards and the City’s existing code: 10 Standard M-2 General Manufacturing District/ City Code Proposed Standards Landscape Buffer – when adjacent to non-manufacturing zoned land use Section 10-5-3 in the Unified Development Ordinance establishes landscape standards for new developments. The following landscape requirements would apply to data center developments: building foundation landscaping, parking area perimeter landscaping, parking area interior landscaping, and transition zone landscaping. Table 10-5-3(F)(2) Application of Transition Zone Types states Industrial land uses are required to utilize Transition Zone “D” landscape buffer when adjacent to the following land uses: single- family residential, all other residential, public/institutional, retail, service/medica/office, lodging, eating/drinking, entertainment, vehicle related, and industrial/transportation. The UDO states Type D has a Minimum Zone Width of 20 feet and the Minimum Fence/Wall height is 6 feet, which may also be satisfied with a solid evergreen hedge. The Minimum Number of Landscape Elements per 100 Linear Feet are as followed: 1. Understory Tree: 5 2. Canopy/Evergreen Tree: 5 3. Shrubs/Native Grasses: 35 In addition to Section 10-5-3 the following requirements will apply: Minimum of 100-foot landscape buffer when adjacent to any non- manufacturing zoned land use (i.e. residential, commercial, public institutional, school, etc.) 1. Landscape buffer shall be consistent with Transition Zone D in Section 10-5- 3.F of the Unified Development Ordinance 2. The buffer area shall be dedicated exclusively to dense landscaping, including trees and shrubs, and shall not be used for stormwater detention, roadways, walking trails, surface parking, or similar improvements. 3. Required 8-foot-tall berms when adjacent to residential subdivisions Discussion: 1. Is the City open to granting relief from the landscape standards or will applications be reviewed on a case- by-case basis? Landscape Buffer – Road Please refer to the Landscape Regulations above Minimum of a 100-foot landscape buffer along any public roadway 1. Landscape buffer shall be consistent with Transition Zone D in Section 10-5- 3.F of the Unified 11 Development Ordinance 2. The buffer area shall be dedicated exclusively to dense landscaping, including trees and shrubs, and shall not be used for stormwater detention, roadways, walking trails, surface parking, or similar improvements. Building separation The Unified Development Ordinance does not currently impose a minimum building separation requirement between a data center building or structure (primary or accessory) and the nearest residential or commercial structure. Minimum of a 500-foot building separation from the nearest data center building or structure (primary or accessory) to the nearest residential or commercial structure. Maximum Height Table 10-3-9(A) of the Unified Development Ordinance indicates that the M-2 General Manufacturing District currently has no maximum building height restriction. Maximum height for data centers within 1,500 feet of a residential structure shall be 70 feet including roof top mechanical equipment a. No rooftop mounted HVAC or other mechanical units are allowed within this buffer, unless specifically approved by City Council Discussion: 1. To be consistent with maximum height in other districts (B-1, B-2, and B- 3), will the city consider a maximum height of 80 feet if the data center is not within 1,500 feet of a residential structure? Noise Study Although the City does not have an explicit requirement for data centers to conduct a noise study, it engaged a sound engineer to evaluate the preliminary PUD for the now-approved Cyrus One data center—the City’s first Planned Unit Development for data center All applications for data centers shall provide a noise study which will be subject to review by the City’s sound engineering consultant 1. A pre-construction noise study shall include baseline noise 12 use—while considering the surrounding existing and future land uses. This evaluation served as the required noise study for the project. measurements of the current environment and predictive modeling in phased and at full buildout to ensure the facility’s design will meet local noise limits a. Consider sharing with the public or at least neighboring property owners for full transparency 2. Data center developers must include a mitigation plan in their noise study to ensure that operational noise does not exceed the pre-development baseline measured at the property. 3. All major mechanical equipment (generators, chillers, HVAC units) shall be fully enclosed or screened by solid barriers. If rooftop mechanical equipment is approved, they shall be enclosed in penthouses with sound dampening construction b. Backup generators and condensers shall be placed on the side of the building(s) or the opposite side of the facility, farthest from residential structures. Discussion: 1. Should the City implement an annual noise monitoring conducted by the City’s sound engineering consultant for 3 years after construction completion to verify ongoing noise compliance? 13 Operational Testing Based on the Table 1 Sound Level Limits in the Code of Ordinances (Chapter 4 Noise Ordinance), if a data center is located near a residential land use property, it must keep noise levels below 60 dBA during the day (7am-10pm) and below 50 dBA at night (10pm- 7pm). If a data center is located near a commercial or public parks and other open public space land use properties, it must keep noise level below 67dBA during the day (7am-10pm) and night time (10pm-7am). Operational testing of emergency backup generators shall be limited to between the hours of 11am to 5pm on weekdays only, non- holidays. Discussion: 1. The city may want to consider implementing strict noise limits for data centers at all receiving property land uses property ensuring they do not exceed the current Noise Ordinance 2. Does the City want to require lower dBA for residential land uses at night? 3. Additionally, the City is considering requiring operators to use the lowest-noise equipment available, such as hospital-grade mufflers on generators, to help minimize noise impacts on surrounding properties. Nuclear Energy There is currently no standard in place, but the City strongly opposes the use of nuclear energy. Data centers are strictly prohibited from using, generating, storing, or deploying nuclear energy as a power source within the City. This includes, but is not limited to, nuclear reactors, small modular reactors (SMRs), or any other nuclear-based technology. Phasing Plan There is currently no requirement for a phased construction plan in place for data centers to minimize impacts on residential structures. Implement a phased construction plan that minimizes impacts on residential structures by prioritizing initial development at the farthest distance from existing residential structures. Fencing Permitted Materials in the M-2 District: 1. Stone 2. Brick Fencing shall be security style aluminum, steel, wrought iron, or similar materials. Chain-link or barbed wire fencing is prohibited along public-facing 14 3. Natural rot resistant wood (cedar, cyprus, redwood) 4. Cast or wrought iron 5. Plastic 6. Aluminum 7. Composite wood and plastic 8. Vinyl coated chain-link (rear and side yard only in all zoning district) 9. Galvanized chain-link (only on M-1 and M-2 properties adjacent to other M-1 or M-2 property) The maximum height for fences in the manufacturing district is 8 feet for the front, corner side, interior side, and rear yard edges and properties adjacent to residential land uses. Lighting and Photometric Table 10-5-7(E) Outside Lighting Height Standards allows for manufacturing districts to have a maximum lighting height of 35 feet. Lighting and photometric plans must provide and adhere to Section 10-5-7. Outside Lighting of the Unified Development Ordinance. Discussion: 1. Table 10-5-7(E) Outside Lighting Height Standards allows for manufacturing districts to have a maximum lighting height of 35 feet. Should the City consider lowering the light pole standard maximum? Traffic Management Plan Section 10-A-10. Traffic Study in Unified Development Ordinance does not explicitly require a Traffic Management Plan, rather, it focuses on a Traffic Impact Study, which is an analysis of existing and projected traffic conditions. A Traffic Management Plan shall be required during construction, including a communication strategy and an on-site point of contact during construction. Battery Storage The battery storage standards require 4-hour fire wall protection and must not be adjacent to any combustible materials. Battery storage systems shall be located a minimum of 50 feet away from any adjacent structure and must be readily accessible by BKFD for firefighting efforts. 15 Emergency Operations Plan (EOP) Typically, high hazard uses in the City are required to have an Emergency Operations Plan (EOP). While the City has its own EOP, there is no specific requirement for data centers to have an individual Emergency Operations Plan Emergency Operations Plan (EOP) shall be submitted and approved by the City and Fire Protection District (BKFD) prior to issuance of a building permit and must include: 1. Procedures for fire suppression, hazardous material spills, evacuation, and communication in case of an incident 2. Training sessions/drill and or walkthroughs with fire and police shall be required prior to occupancy permit 3. Designated contacts for emergency services and a plan to broadcast information if an incident could affect the public 4. Must work with KenCom emergency managers to be part of text or siren alert systems Building Code Enhanced Standards The City has adopted the 2018 edition of the International Code Council (ICC), which includes provisions for energy storage. Installing advanced early fire detection in server rooms, using fire-resistive construction beyond code minimums on walls facing neighborhoods, or providing additional hazardous material safeguards. Compliance with NFPA 855 Appearance Standards Section 10-5-8. C.4 sets appearance guidelines and standards for industrial uses, which include the following: Guidelines: 1. At least 50% of the total building shall incorporate masonry products or precast concrete. The front facade, facing a street with the main entry, must be at least 50% masonry or 16 precast concrete, while any facade abutting a street must also include masonry or precast concrete. Masonry or precast concrete is encouraged on all remaining facades. When using precast concrete panels or split- face block, incorporating colors, patterns, or architectural features is encouraged. 2. Building entryways shall be clearly identified. Building components, such as windows, doors, eaves and parapets shall be in proportion to one another. 3. The location of parking lots in a manner that is logical, safe, and pedestrian friendly is encouraged. In this respect, the location of parking lots in the rear or side of a building is encouraged. Standards: 1. Industrial buildings shall consist of solid and durable facade materials and be compatible with the character and scale of the surrounding area. 2. Industrial buildings with facades greater than 100 feet in length shall incorporate recesses, projections, windows or other ornamental/architectural features along at least 30% of the length of the facade abutting a public street in an effort to break up the mass of the structure. 17 Lastly, through Ordinance 2023-30, the City defined "battery uses," "data centers," and "refrigerated warehouses (cold storage)" and established off-street parking regulations for these land uses. However, during the transition from the Zoning Ordinance to the Unified Development Ordinance (UDO), the table outlining off-street parking regulations was not incorporated, although was used in the calculations for determining minimum parking standards for Cyrus One. Staff is requesting to formally add the table below to the UDO to ensure these regulations are applied to data centers. Proposed Motion In consideration of testimony presented during a Public Hearing on May 14, 2025 and discussions conducted at that meeting, the Planning and Zoning Commission recommends approval to the City Council of a request to amend Section 10-4-10, Energy Industrial Use Standards, of the Unified Development Ordinance to establish development regulations for data center facilities, as presented in a staff memorandum dated May 7, 2025 and further subject to {insert any additional conditions of the Planning and Zoning Commission}… Attachments 1. Proposed Amendments to Section 10-4-10 Energy Industrial Use Standards 2. Ordinance 2023-30 3. Public Hearing Notice Affidavit Use Minimum Spaces Required Energy Industrial Uses: Battery Storage: Less than 70,000 square feet Minimum of 20 parking spaces More than 70,001 square feet 0.3 per 1,000 square feet of floor area Data Center: Less than 70,000 square feet Minimum of 20 parking spaces More than 70,001 square feet 0.3 per 1,000 square feet of floor area Refrigerated Warehouse (Cold Storage) Less than 150,000 square feet 0.5 per 1,000 square feet of floor area More than 150,001 square feet 0.3 per 1,000 square feet of floor area. 10-4-10. Energy Industrial Uses A. Landscape Buffer – when adjacent to non-manufacturing zoned land use 1. In addition to Section 10-5-3 the following requirements apply: a. Minimum of 100 foot-landscape buffer when adjacent to non-manufacturing zoned land use (i.e. residential, commercial, school, public institutional, etc.). b. The buffer area shall be dedicated exclusively to dense landscaping, including trees and shrubs, and shall not be used for stormwater detention, roadways, walking trails, surface parking, or similar improvements. c. Required 8-foot-tall berms when adjacent to residential subdivisions. B. Landscape Buffer – when adjacent to roads 1. Minimum of a 100-foot landscape buffer along any public roadway . a. Landscape buffer shall be consistent with Transition Zone D in Section 10-5-3.F. b. The buffer area shall be dedicated exclusively to dense landscaping, including trees and shrubs, and shall not be used for stormwater detention, roadways, walking trails, surface parking, or similar improvements. C. Building Separation 1. Minimum of a 500-foot building separation from the nearest data center building or structure (primary or accessory) to the nearest residential or commercial structure. D. Maximum Height 1. Maximum height for data centers within 1,500 feet of a residential structure shall be 70 feet including rooftop mechanical equipment. a. No rooftop mounted HVAC or other mechanical units are allowed within this buffer, unless specifically approved by City Council. E. Noise Study 1. All applications for data centers shall provide a noise study which will be subject to review by the City’s sound engineering consultant. 2. The noise study must include the following: a. A pre-construction noise study shall include baseline noise measurements of the current environment and predictive modeling in phased and at full buildout to ensure the facility’s design will meet local noise limits as detailed in Title 4, Chapter 4 of Yorkville’s Code of Ordinances. b. Data center developers must include a mitigation plan in their noise study to ensure that operational noise does not exceed the pre-development baseline measured at the property. c. All major mechanical equipment (i.e generators, chillers, HVAC units) shall be fully enclosed or screened by solid barriers. If rooftop mechanical equipment is approved, they shall be enclosed in penthouses with sound dampening construction. i. Backup generators and condensers shall be placed on the side of the building(s) or the opposite side of the facility, farthest from residential structures. 3. An annual noise monitoring will be conducted by the City’s sound engineering consultant for 3 years after construction completion to verify ongoing noise compliance. F. Operational Testing 1. Operational testing of emergency backup generators shall be limited to between the hours of 11am to 5pm on weekdays only, non-holidays. G. Nuclear Energy 1. Data centers are strictly prohibited from using, generating, storing, or deploying nuclear energy as a power source within the City. This includes, but is not limited to, nuclear reactors, small modular reactors (SMRs), or any other nuclear-based energy. H. Phasing Plan 1. Implement a phased construction plan that minimizes impacts on residential structures by prioritizing initial development at the farthest distance from existing residential structures. I. Fencing 1. Fencing shall be security style aluminum, steel, wrought iron, or similar materials. 2. Chain-link or barbed wire fencing is prohibited along public facing edges and properties adjacent to residential land uses. J. Lighting and Photometric 1. Lighting and photometric plans must be submitted at the time of application and adhere to Section 10-5-7 Outside Lighting. K. Traffic Management Plan 1. A Traffic Management Plan shall be required during construction, including a communication strategy and an on-site point of contact during construction. L. Battery Storage 1. Battery storage systems shall be located a minimum of 50 feet away from any adjacent structure and must be readily accessible by Bristol Kendal Fire Protection District (BKFD) for firefighting efforts. M. Emergency Operations Plan 1. Emergency Operations Plan (EOP) shall be submitted and approved by the City and the Bristol Kendal Fire Protection District (BKFD) prior to issuance of a building permit and must include: a. Procedures for fire suppression, hazardous material spills, evacuation, and communication in case of an incident. b. Training sessions/drills and or walkthroughs with fire and police shall be required prior to occupancy permit. c. Designated contacts for emergency services and a plan to broadcast information if an incident could affect the public. d. Must work with KenCom emergency managers to be part of text or siren alert systems. N. Building Code Enhanced Standards 1. Installing advanced early fire detection in server rooms, using fire-resistive construction beyond code minimums on walls facing neighborhoods, or providing additional hazardous material safeguards. 2. Compliance with National Fire Protection Association 855. O. Appearance Standards 1. Appearance standards shall comply with the requirements outlined in Section 10-5-8.4. UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2023-30 ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING THE ZONING ORDINANCE IDENTIFY, DEFINE, AND REGULATE ENERGY INDUSTRIAL USES Passed by the City Council of the United City of Yorkville, Kendall County,Illinois This 26" day of September, 2023 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on September 27, 2023. Ordinance No. 2023-30 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING THE ZONING ORDINANCE IDENTIFY, DEFINE, AND REGULATE ENERGY INDUSTRIAL USES WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to Section 10-4-10 of the United City of Yorkville Zoning Ordinance ("Zoning Ordinance") the City may initiate amendments to the Zoning Ordinance; and, WHEREAS, the City filed a petition seeking an amendment to the Zoning Ordinance to identify Energy Industrial Uses as uses consisting of "battery uses", "data centers" and refrigerated warehouses (cold storage") as their own line items in Table 10.06.04 Manufacturing Uses; and, WHEREAS, the City filed a petition seeking an amendment to the Zoning Ordinance to define "battery uses", "data center", and "refrigerated warehouse (cold storage)" as permitted uses within the M-1 and M-2 zoning districts; and, WHEREAS, the City filed a petition seeking an amendment to the Zoning Ordinance to add off-street parking regulations for Energy Industrial Uses in Section Table 10.16.03 regarding battery uses, data centers, and refrigerated warehouses (cold storage), to reflect the proposed new definitions; and, WHEREAS, the Planning and Zoning Commission convened and held a public hearing on September 13, 2023, to consider each of these requests and made findings of fact and recommendations to the City Council to approve all of the requested text amendments. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Ordinance No. 2023-30 Page 2 Section 1: That the above recitals are hereby incorporated and made a part of this Ordinance. Section 2: That a Section 10-2-3 of the United City of Yorkville Zoning Ordinance is hereby amended to add the following definitions: BATTERY STORAGE USES: A use that enables battery manufacturing, charging, recycling, warehousing, storage, and related uses. This may also include uses that derive energy from renewable sources, such as wind and solar power, to be collected, stored, and then released for later use to an electric grid, power plant or private user. DATA CENTER: A facility comprised of networked computers, storage systems, and computing infrastructure which organizations use to assemble, process, store and disseminate data. Cryptocurrency centers, which use networked computers, storage systems, and computing infrastructure to manage the flow of digital or virtual currencies, shall be included in the definition. REFRIGERATED WAREHOUSE (COLD STORAGE): A facility which is artificially or mechanically cooled in order to maintain the integrity and quality of perishable goods. Section 3: That a Section 10-6-0, Table 10.06.04 of the United City of Yorkville Zoning Ordinance to add the land uses as follows: a o Qm z to oy o7 to O N W N Battery Storage Uses P P Data Center P P Refrigerated Warehouse(Cold Storage) P P Section 4: That a Section 10-16-3-F, Table 10.16.03 of the United City of Yorkville Zoning Ordinance is hereby amended to add language regulating off-street parking for the land uses as follows: Ordinance No. 2023-30 Page 3 Use I Minimum Spaces Required Energy Industrial Uses: Battery Storage Less than 70,000 square feet Minimum 20 parking spaces More than 70,001 square feet 0.3 per 1,000 square feet of floor area Data Center Less than 70,000 square feet Minimum 20 parking spaces More than 70,001 square feet 0.3 per 1,000 square feet of floor area Refrigerated Warehouse (Cold Storage) Less than 150,000 square feet 0.5 per 1,000 square feet of floor area More than 150,001 square feet 0.3 per 1,000 square feet of floor area Section 5: This Ordinance shall be in full force and effect after its passage, publication, and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 26th day of September, A.D. 2023. CITY CLERK KEN KOCH ABSENT DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS AYE RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this day of j' , A.D. 2023. MAYOR Ordinance No.2023-30 Page 4 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: 7802242 Purchase Order: PZC 2025-05: Data Center Text 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 4/25/2025, and the last publication of the notice was made in the newspaper dated and published on 4/25/2025. This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1. PUBLICATION DATES: Apr 25, 2025. ___________________________________________________________________________________ The Beacon-News In witness, an authorized agent of The Chicago Tribune Media Group has signed this certificate executed in Chicago, Illinois on this 28th Day of April, 2025, 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