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Planning and Zoning Commission Packet 2025 06-11-25
PLANNING AND ZONING COMMISSION AGENDA Wednesday, June 11, 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: May 14, 2025 Citizen’s Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PZC 2025-08 Pioneer Development, LLC, as the petitioner and contract purchaser, along with multiple property owners, has submitted applications to the United City of Yorkville in Kendall County, Illinois, seeking rezoning, special use authorization for a Planned Unit Development (PUD), and preliminary PUD Plan approval for approximately 1,037 acres across 20 parcels. The proposal involves rezoning the land from various residential and business districts to M-2 General Manufacturing District to facilitate the development of a state-of-the-art data center campus. This project would include 14 data center buildings totaling over 17 million square feet, two electrical substations, a utility switchyard, and stormwater detention basins. The applicants are also requesting several deviations from the Yorkville Unified Development Ordinance (UDO) related to setbacks, parking, circulation, and design standards. The property is located northwest of Route 47 and Galena Road, south of Baseline Road, and east of Ashe Road. Unfinished Business New Business 1. PZC 2025-08 Pioneer Development, LLC, as the petitioner and contract purchaser, along with multiple property owners, has submitted applications to the United City of Yorkville in Kendall County, Illinois, seeking rezoning, special use authorization for a Planned Unit Development (PUD), and preliminary PUD Plan approval for approximately 1,037 acres across 20 parcels. The proposal involves rezoning the land from various residential and business districts to M-2 General Manufacturing District to facilitate the development of a state-of-the-art data center campus. This project would include 14 data center buildings totaling over 17 million square feet, two electrical substations, a utility switchyard, and stormwater detention basins. The applicants are also requesting several deviations from the Yorkville Unified Development Ordinance (UDO) related to setbacks, parking, circulation, and design standards. The property is located northwest of Route 47 and Galena Road, south of Baseline Road, and east of Ashe Road. Action Items Rezone, PUD & Preliminary PUD Plan United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us 2. PZC 2025-09 Daniel J. Gorman on Behalf of USA Energy Independence, LLC (Prospective Buyer) and Stanley L. Zepelak on Behalf of Lucaya Asset Management, LLC (Current Owner), petitioners, are seeking a special use permit for a commercial solar energy facility and a variance to Section 36-282(17)(a) of the Kendall County Zoning Ordinance to allow for a commercial solar energy facility on land located between 9417 and 9221 Corneils Road in unincorporated Kendall County within 1.5 miles of a municipality without an annexation agreement. Action Item 1.5-mile Review Additional Business 1. City Council Action Updates a. 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 b. 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 Adjournment DRAFT Page 1 of 3 PLANNING & ZONING COMMISSION City Council Chambers 651 Prairie Pointe Drive, Yorkville, IL Wednesday, May 14, 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 Danny Williams-yes, Ryan Forristall-yes, Michael Crouch-yes, Chad Green-yes, Marge Linnane- yes, Richard Vinyard-yes Absent: Seaver Tarulis City Staff Krysti Barksdale-Noble, Community Development Director Sara Mendez, Planner1 David Hansen, Senior Planner Megan Lamb, City Attorney Lynn Dubajic Kellogg, City Consultant Other Guests Chris Vitosh, Vitosh Reporting Service Sam Woodworth, WSPY Alan L. Clever Previous Meeting Minutes April 9, 2025 Motion by Mr. Crouch and second by Ms. Linnane to approve the minutes as presented. Roll call: Forristall-yes, Crouch-yes, Green-yes, Linnane-yes, Vinyard-yes, Williams-yes. Carried 6-0 Citizen’s Comments None Public Hearings Chairman Vinyard stated there were 2 Hearings for this meeting. He explained the procedure to be followed and the taking of testimony. Chairman Vinyard entertained a motion to open the Hearings. At approximately 7:02pm a motion was made and seconded by Mr. Williams and Ms. Linnane, respectively, to open the Public Hearings. Roll call: Forristall-yes, Crouch-yes, Green-yes, Vinyard-yes, Williams-yes, Linna ne-yes. Carried 6-0. The Public Hearings were read by Chairman Vinyard: 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 to the Future Land Use – Map Addendum to reclassify eleven (11) identified developments. The changes are a result of rezoning approvals made by the City Council in calendar years 2023 and 2024. Page 2 of 3 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. (See Court Reporter's transcript of Public Hearings) At approximately 7:08pm a motion was made by Mr. Green and seconded by Mr. Williams to close the Public Hearings. Roll call: Green-yes, Linnane-yes, Vinyard-yes, Williams-yes, Forristall-yes, Crouch-yes. Carried 6-0. Unfinished Business None New Business 1. PZC 2025-04 United City of Yorkville, Comprehensive Plan Update – Future Land Use Amendments (see full description #1 above) Action Item Text Amendment There was no discussion and a motion was made and seconded by Mr. Green and Mr. Williams, respectively, to approve this petition. Motion read by Mr. Williams: 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 to the Future Land Use Map Addendum to reclassify eleven (11) identified developments. The changes are a result of rezoning approvals made by the City Council in calendar years 2023 and 2024. Roll call: Linnane-yes, Vinyard-yes, Williams-yes, Forristall-yes, Crouch-yes, Green-yes. Carried 6-0. 2. PZC 2025-05 United City of Yorkville, Data Center Development Standards - Text Amendment (see full description #2 above) Action Item Text Amendment There was no discussion and a motion was made and seconded by Mr. Green and Mr. Williams, respectively, to approve the amendment. Roll call: Vinyard-yes, Williams-yes, Forristall-yes, Crouch-yes, Green-yes, Linnane-yes. Carried 6-0. Note: Since the motion had not been read prior to the vote, the motion was read at this time by Mr. Williams. 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. Roll call: The vote was re-done as follows: Forristall-yes, Crouch-yes, Green-yes, Linnane-yes, Vinyard-yes, Williams-yes. Carried 6-0. Page 3 of 3 Additional Business 1. Appointment of Vice Chair Ms. Linnane nominated Mr. Crouch as Vice-Chair and Mr. Williams seconded that nomination. Roll call: Crouch-yes, Green-yes, Linnane-yes, Vinyard-yes, Williams-yes, Forristall-yes. Carried 6-0. Mr. Williams also announced this would likely be his final meeting as he will possibly be moving from Yorkville. 2. City Council Action Updates a. PZC 2025-03 Ali Bukhres, QuikTrip Ms. Noble said the sign variance had been approved by City Council. Additionally, it was noted that Costco plans to open in November. Adjournment There was no further business and the meeting was adjourned at 7:14pm on a motion by Mr. Williams and second by Mr. Green. 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 - May 14, 2025 1 UNITED CITY OF YORKVILLE YORKVILLE, ILLINOIS PLANNING AND ZONING COMMISSION PUBLIC HEARINGS 651 Prairie Pointe Drive Yorkville, Illinois Wednesday, May 14, 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 - May 14, 2025 2 PRESENT: Mr. Rich Vinyard, Chairman, Mr. Danny Williams, 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, Senior Planner; Mr. David Hansen, Senior 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 - May 14, 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 - May 14, 2025 4 CHAIRMAN VINYARD: There are two the 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 this commission tonight. Public testimony from persons present who wish to speak may be for or against the request or to ask questions of the petitioner regarding the request being heard. Once all public hearings on tonight's agenda are closed, the commission will deliberate and vote on the recommendations to the City Council for each of the matters that are subject of a 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 asked to sign in at the podium. If you plan to speak during tonight's public hearing as a petitioner or as a member of the public, please stand and raise your right hand and repeat after me. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - May 14, 2025 5 Anyone speaking tonight? (No response.) CHAIRMAN VINYARD: All right. So we will just move on. The order of receiving testimony will be as follows: The petitioner is going to make their presentation, followed by those who wish to speak in favor or opposition of the request. May I have a motion to open the public hearing on petition numbers PZC 2024-04 (sic), United City of Yorkville, the petitioner, is proposing to amend Yorkville's Comprehensive Plan, and PZC 2025-0 5 , United City of Yorkville, petitioner, is proposing to amend Section 10-4 -10, energy industrial use standard regarding data center development of the Yorkville United (sic) Development Ordinance. COMMISSIONER WILLIAMS: So moved. COMMISSIONER LINNANE: Second. CHAIRMAN VINYARD: Roll call, please. MS. YOUNG: Yes. Forristall. COMMISSIONER FORRISTALL: Yes. MS. YOUNG: Crouch. COMMISSIONER CROUCH: Yes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - May 14, 2025 6 MS. YOUNG: Green. COMMISSIONER GREEN: Yes. MS. YOUNG: Vinyard. CHAIRMAN VINYARD: Yes. MS. YOUNG: Williams. COMMISSIONER WILLIAMS: Yes. MS. YOUNG: Linnane. COMMISSIONER LINNANE: Yes. CHAIRMAN VINYARD: All right. Very good. The first public hearing is 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 and Section 9 -1 -1 of Yorkville City Code. The proposed amendment adds sections to the future land use map amendment to reclassify 11 identified developments. The changes are a result from the rezoning approvals made by the City Council in the calendar years of 2023 and 2024. Staff, would you like to present your memo summary of PZC 2025-0 4 , request for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - May 14, 2025 7 amendment to the Comprehensive Plan? MR. HANSEN: Yes, we will. CHAIRMAN VINYARD: Thanks. MR. HANSEN: This is a Comprehensive Plan update for future land use amendments. In 2024 the City Council approved ten developments which required rezoning. Due to the inconsistency of the parcels with the adopted Comprehensive Plan 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 uses. Please note New Leaf Energy Solar Farm, which was approved in 2023, is also part of the list since it was included in the amendment list in 2024. Also, just a quick summary of the 11, three of them are solar farm related, three of them are data center related. There is three 1 .5 mile reviews in Kendall County. Fox Haven Townhomes and Costco are also included in this. The next steps would be after 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 - May 14, 2025 8 recommendation is go back to EDC since there was no quorum last meeting, and go to the EDC on June 3 rd, 2025, and then after that it is proposed to go to the June 10th City Council for consideration. CHAIRMAN VINYARD: Thank you. Is there anyone present who wishes to speak? (No response.) CHAIRMAN VINYARD: Well, we don't have anyone actually. MS. NOBLE: Yeah, we don't . CHAIRMAN VINYARD: So we are going to skip that. Sorry. The next is PZC 2025-0 5 , United City of Yorkville, the 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 limitation and other design 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 - May 14, 2025 9 and operational requirements. Staff, could you please present your memo summary on P Z C 2025-0 5 , request for text amendment to Section 10-4 -10, energy industrial use in the UDO? MS. MENDEZ: Yes. So with the influx of data center interest in Yorkville, staff believes it's timely and appropriate to establish data center specific standards in the UDO to ensure responsible growth and maintain high development standards, and then to support this effort, we researched different municipalities across the U .S ., and while every municipality has their different approach, Yorkville's proposed regulations reflects best practices and are tailored to our local needs. And currently there are 12 data center projects that have either been approved, are under review or involve site inquiries with stated intentions to apply, and this growing interest reinforces the need for clearer standards as the section right now is empty. So the proposed amendment addresses key areas like landscape buffering when adjacent 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 - May 14, 2025 10 to roads and non-manufacturing zoned land uses , minimum building separation from residential and commercial structures, height limitations, particularly near residential uses, noise control, including pre- and post-construction noise studies and restrictions on generator use, operational testing hours, prohibition of nuclear energy as a power source, phasing plans to reduce impacts on nearby residents, fencing standards, lighting and photometric requirements, appearance standards, traffic management plans, emergency coordination, battery storage, and enhanced building code requirements, all of which Project Steel and Project Cardinal are going to be held to. And then, lastly, off-street parking regulations was not included in the initial adoption of the UDO, so the amendment would formally add these parking regulations. And then the proposed text amendment represents a practical approach to guide these data center developments, and then it will also go to the EDC on June 3 rd. CHAIRMAN VINYARD: All right. Since all 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - May 14, 2025 11 public testimony regarding this petition has been taken, may I have a motion to close the taking of testimony in public hearing. COMMISSIONER WILLIAMS: So moved. COMMISSIONER GREEN: So moved. COMMISSIONER WILLIAMS: Second. CHAIRMAN VINYARD: Roll call vote on the motion, please. MS. YOUNG: Yes. Green. COMMISSIONER GREEN: Yes. MS. YOUNG: Linnane. COMMISSIONER LINNANE: Yes. MS. YOUNG: Vinyard. CHAIRMAN VINYARD: Yes. MS. YOUNG: Williams. COMMISSIONER WILLIAMS: Yes. MS. YOUNG: Forristall. COMMISSIONER FORRISTALL: Yes. MS. YOUNG: And Crouch. COMMISSIONER CROUCH: Yes. CHAIRMAN VINYARD: Very good. The public hearing portion of tonight's meeting is now closed. (Which were all the proceedings had 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 - May 14, 2025 12 in the public hearings, concluding at 7 :08 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 - May 14, 2025 13 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 1 . 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 - May 14, 2025 14 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 31st day of May, 2025. /s / Christine M . Vitosh CHRISTINE M . VITOSH, Illinois C .S .R . 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7:20, 7:21 timely [1] - 9:8 tonight [2] - 4:7, 5:1 tonight's [4] - 4:2, 4:13, 4:22, 11:22 Townhomes [1] - 7:23 traffic [1] - 10:11 transcript [2] - 13:7, 13:23 transcription [1] - 13:11 true [1] - 13:12 two [1] - 4:1 typewriting [1] - 13:10 U U.S [1] - 9:13 UDO [3] - 9:5, 9:9, 10:18 under [4] - 9:19, 13:11, 13:24, 14:2 Unified [1] - 8:17 UNITED [1] - 1:6 United [6] - 3:5, 5:11, 5:13, 5:16, 6:11, 8:14 update [1] - 7:5 uses [4] - 7:13, 7:14, 10:1, 10:4 V via [1] - 13:10 VINYARD [13] - 4:1, 5:3, 5:20, 6:4, 6:9, 7:3, 8:6, 8:9, 8:12, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - May 14, 2025 3 10:24, 11:7, 11:14, 11:21 Vinyard [3] - 2:2, 6:3, 11:13 VITOSH [2] - 13:3, 14:9 Vitosh [1] - 14:8 vote [2] - 4:14, 11:7 W Wednesday [1] - 1:21 WHEREOF [1] - 14:3 williams [1] - 11:15 Williams [2] - 2:3, 6:5 WILLIAMS [5] - 5:18, 6:6, 11:4, 11:6, 11:16 wish [2] - 4:9, 5:7 wishes [1] - 8:7 wishing [1] - 4:17 WITNESS [1] - 14:3 Y years [1] - 6:21 YORKVILLE [2] - 1:6, 1:7 Yorkville [11] - 1:18, 3:6, 5:11, 5:13, 5:16, 6:11, 6:12, 6:15, 8:14, 8:17, 9:7 Yorkville's [2] - 5:12, 9:14 Young [1] - 2:13 YOUNG [12] - 5:21, 5:23, 6:1, 6:3, 6:5, 6:7, 11:9, 11:11, 11:13, 11:15, 11:17, 11:19 Z zoned [1] - 10:1 Zoning [1] - 4:3 ZONING [1] - 1:10 1 REQUEST SUMMARY: The petitioner, Pioneer Development, LLC, as contract purchaser, along with property owners Sanjay and Sameer Gupta, Dale L. Konicek, LLC, and The Konicek Family Limited Partnership, is seeking approval for the annexation of seven (7) parcels totaling 305 acres. These parcels will be part of a larger 1,037-acre development consisting of 21 parcels in total, planned for a state-of-the-art data center campus. The request also includes rezoning the area to the M-2 General Manufacturing District, special use authorization for a Planned Unit Development (PUD), and approval of a preliminary PUD Plan which involves the phased construction of fourteen (14) two-story data center buildings totaling over 17 million square feet, two (2) electrical substations, a utility switchyard, and associated stormwater detention basins. There are three (3) phases of development anticipated, with full campus buildout expected within 10 years. PROPERTY BACKGROUND: The subject property consists of twenty-one (21) parcels of varying sizes, ranging from one-tenth (0.1) of an acre to approximately 300 acres, generally located northwest of Route 47 and Galena Road, south of Memorandum To: Planning & Zoning Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Senior Planner David Hansen, Senior Planner Date: June 5, 2025 Subject: PZC 2025-08 Project Cardinal – Annex, Rezone, PUD & Prelim Plan Proposed Data Center Campus & On-Site Substation/Switchyard Development 2 Baseline Road, and east of Ashe Road. With a total area of approximately 1,037 acres, the property has two (2) existing Annexation/Planned Unit Development Agreements within the proposed subject area for the Project Cardinal data center campus. This includes the Bailey Meadows and Westhaven developments as described and illustrated below: Development Location Acreage Entitlements Type of Units # of Units Bailey Meadows W of SW Corner of Baseline Rd. & Rte. 47 150 ac. Ord. 2004-40 Annexation Agreement (Expired 7/13/24) Res. 2006-43 Prelim. Plan Approval (Expired 7/13/07) Single Family 189 Townhomes 153 Westhaven NW Corner of Rt. 47 & Galena Rd. 586 ac. Ord. 2005-78 Annexation Agreement (Expires 9/27/25) Ord. 2006-132 Amend. Annex. & PUD Agreement Res. 2007-54 Prelim. Plan & Plat Approval (Expired 10/23/08) SF Age-Restricted 568 DU Age-Restricted 244 Single Family 484 TOTAL 736 ac. TOTAL 1638 The underlying zoning for both the Bailey Meadows and Westhaven developments includes R-2 Single- Family Traditional Residence District, R-3 Multi-Family Attached Residence District, and B-3 General Business District. Together, these two developments account for approximately 70% of the overall 3 subject area, resulting in a projected “loss” of about 1,638 future dwelling units. Additionally, it is important to note that the Westhaven development still operates under an active Annexation Agreement, which would be effectively repealed or overridden by the approval of any subsequent planned unit development (PUD) agreement. PROPOSED ANNEXATION: The subject property for the proposed data center campus consists of seven (7) unincorporated parcels totaling 305 acres, as highlighted below: PIN ACRES OWNER JURISDICTION 02-05-300-003 136.73 Galena & 47TH LLC, MPLIV10 LLC CITY OF YORKVILLE 02-04-300-032 26.09 CITY OF YORKVILLE 02-04-300-024 1.64 CITY OF YORKVILLE 02-05-400-021 1.28 CITY OF YORKVILLE 02-09-100-031 0.11 CITY OF YORKVILLE 02-09-100-030 1.04 CITY OF YORKVILLE 02-04-100-015 32.89 SANJAY & SAMEER GUPTA CITY OF YORKVILLE 02-05-200-007 0.34 UNINCORPORATED 02-06-100-022 233.79 THE KONICEK FAMILY LIMITED PARTNERSHIP UNINCORPORATED 02-06-200-002 48.60 DALE L. KONICEK, LLC CITY OF YORKVILLE 02-05-400-022 301.61 CITY OF YORKVILLE 02-05-200-006 102.47 CITY OF YORKVILLE 02-04-100-016 11.02 CITY OF YORKVILLE 02-06-400-008 29.89 UNINCORPORATED 02-06-200-003 7.02 UNINCORPORATED 02-05-100-003 7.60 UNINCORPORATED 02-05-100-005 8.54 DALE L. KONICEK, LLC UNINCORPORATED 02-05-400-009 15.78 CITY OF YORKVILLE 02-04-300-018 45.45 CITY OF YORKVILLE 02-04-300-017 7.73 CITY OF YORKVILLE 02-06-400-001 17.79 UNINCORPORATED TOTAL 1037.41 4 The petitioner is requesting to rezone all twenty-one (21) parcels within the subject area to the M-2 General Manufacturing District. In accordance with Section 10-3-4 of the Yorkville Unified Development Ordinance (UDO), any territory annexed into the city is automatically classified as R-1 Single-Family Suburban Residential District; therefore, the petitioner seeks to rezone the seven (7) unincorporated parcels proposed for annexation directly to the M-2 District. Additionally, the petitioner is requesting to rezone the existing parcels within the Bailey Meadows and Westhaven developments—currently zoned R-2 Single-Family Traditional Residence District, R-3 Multi- Family Attached Residence District, and B-3 General Business District—to the M-2 General Manufacturing District as well. It is important to note that four (4) parcels are not included in the current annexation petition but are part of the overall data center campus site plan. These include two (2) unincorporated residential parcels with existing homes located south of Baseline Road, identified as PIN #02-05-200-004 (Maldonado) and PIN #02-05-200-001 (Rakas), as well as two (2) sliver parcels along IL Route 47 owned by the Schramms, identified as PIN #02-04-100-014 and PIN #02-04-100-009. The petitioner has indicated that they are actively negotiating with the owners of these parcels. However, no facilities are planned to be constructed on them, and they are not essential to the development or operation of the data center. Should the petitioner acquire ownership of any of these parcels in the future, a separate annexation petition will be submitted. PROPOSED REZONING: As previously noted, the petitioner is seeking to rezone the subject property for the proposed data center campus to the M-2 General Manufacturing District. According to Table 10-3-12(B) of the Yorkville Unified Development Ordinance (UDO), both “data center” and “electric substation” are permitted uses within the M-2 District, with data centers classified as Energy Industrial Uses. Although the UDO does not specifically identify “utility switchyard” as a listed use, Section 10-3- 12(A)(5) allows the Zoning Administrator to determine if an unlisted use is substantially similar to a listed use and treat it accordingly. Since a utility switchyard is generally defined as a type of substation that operates at a single voltage level without transformers, staff considers it substantially similar to an electric substation, and therefore a permitted use in the M-2 District. Additionally, one parcel located south of Galena Road (Parcel No. 02-06-400-001), totaling 17.75 acres, may be used for a future water utility expansion area, possibly for public water storage, which is also a permitted use within the M-2 zoning classification. Petitioner has provided written responses to the Standards for Rezoning which will be entered into the record during the public hearing process. The following are the current zoning and land uses immediately surrounding the subject property: Zoning Land Use North F- Farming District (Kane County) Baseline Road (Rte. 30) Farmland Transportation Land Use East Planned Unit Development (R-2, R-3, R-4, B-3) B-3 General Business District R-3 Multi-Family Attached Residence District N. Bridge Street (Rte. 47) Farmland (Schramm) Farmland (Northgate Commercial) Bristol Bay Subdivision Transportation Land Use South A-1 Agricultural District (Kendall County) M-1 Manufacturing (Kendall County) R-2 Single-Family Traditional Residence District A-1 Agricultural District (Special Use) Galena Road Farmland Vacant Farmland Residential/Outbuilding Land Use Farmland (Yorkville Renewables Solar) Transportation Land Use 5 PLANNED UNIT DEVELOPMENT (PUD): Data centers are critical facilities that house computing systems and related hardware such as servers, data storage devices, and network infrastructure. They serve as the backbone for IT operations and provide the physical space necessary for storing and managing a company’s digital data. To ensure operational continuity, data center developments typically include backup power generators capable of maintaining service during electrical outages. In the City of Yorkville, Section 10-8-8 of the Unified Development Ordinance (UDO) outlines the standards for Planned Unit Developments (PUDs), which allow for flexibility in zoning regulations provided that any proposed modifications are clearly identified, demonstrate compatibility with the surrounding area, are necessary for the effective development of the site, and meet at least one of the modification standards listed in Section 10-8-8(D). The proposed data center campus aligns with the following two (2) modification standards: Modification Standard #12, “Regional Utility Improvements,” as it includes the extension of public water and sanitary services through the site, enabling future connections by surrounding properties and creating opportunities for recapture payments to the developer. Modification Standard #11, “Funding or Construction of Public Roadways,” by incorporating roadway improvements adjacent to the site that are consistent with the City’s Comprehensive Plan, the Kendall County Long-Range Transportation Plan, or other locally adopted transportation plans. The petitioner has provided written responses addressing the special use and PUD standards, which will be entered into the record during the public hearing process. A detailed Planned Unit Development Agreement has also been prepared by the City Attorney to outline all conditions and provisions associated with the development of the data center campus. PROPOSED PRELIMINARY PUD PLAN: The Project Cardinal site plan, as illustrated on the following page, has evolved slightly from the originally submitted site plan to address feedback from staff, neighboring residents, and the Economic Development Committee when it was introduced at the May 6th meeting as an informational item. The revised plan, dated May 30, 2025, outlines a large-scale data center campus spanning approximately 1,037 acres consisting of fourteen (14) two-story data center buildings, two (2) customer substations, one (1) utility switchyard, and multiple stormwater management basins strategically placed throughout the site. The layout includes designated utility corridors and drainage channels to manage site infrastructure and stormwater flow. A security fence surrounds the campus, with 20–25-foot setbacks along the perimeter. A separate area in the southwest corner is reserved for a future potential water utility expansion area. Vehicular access and internal circulation are supported by drive aisles and parking areas, while landscaped buffers and transition zones are integrated for screening and sound mitigation. Residential protection zones and proximity to adjacent neighborhoods are also indicated on the proposed preliminary PUD site plan. Four (4) data center buildings (#1–4) are clustered in the northwest portion of the property, just east of Ashe Road. Eight (8) buildings (#5–12) are positioned east of the utility switchyard and substation, forming two linear rows running parallel through the central portion of the site. The final two (2) buildings (#13–14) are located along the southeastern portion of the property fronting Galena Road. Parking is located adjacent to each building, and the layout includes drainage channels and utility corridors to support infrastructure needs. Finally, the data center will have three (3) primary access points: West A-1 Agricultural District (Kendall County) RPD-1 (Kendall County) Ashe Road Farmland Residential/Equestrian Land Use Transportation Land Use 6 one (1) at Ashe Road, one (1) at Galena Road, and one (1) off of Baseline Road. These points of access will be fenced and guarded stations requiring extensive security verification before entry. The preliminary plan is considered an initial draft that outlines the petitioner's intended layout for a future final plat of subdivision, including all proposed site improvements. Typically, preliminary plans are valid for twelve (12) months. However, for Planned Unit Developments (PUDs), which are considered special uses, the approved plans expire only after three (3) years from approval if no Building Permit is issued and no portion of the property is final platted. 7 PHASING OF DEVELOPMENT: The petitioner plans to develop the subject property in three (3) phases over an estimated ten-year period, progressing from west to east. Phase 1 will include Buildings #1–4 along with a utility switchyard and detention pond. Phase 2 will consist of Buildings #8–14, a substation, and two detention ponds. Phase 3 will complete the development with Buildings #5-7, a third substation and additional dentionponds. As outlined in the Project Cardinal narrative, each building is anticipated to become operational within 24 months of its groundbreaking. REQUESTED PUD DEVIATIONS: The petitioner has listed thirteen (13) proposed deviations from the base M-2 General Manufacturing District standards as part of the PUD and Preliminary Plan. Upon staff review and analysis of the submitted plans, the following is a summary of staff’s recommendations: 1. Building Setbacks - Per the Table 10-3-9(A) Bulk and Dimensional Standards, the following compares current M-2 General Manufacturing District standards with the proposed Planned Unit Development (PUD) requested modifications (Deviation #1): BUILDING SETBACKS REQUIRED MINIMUM SETBACKS M-2 DISTRICT PROPOSED MINIMUM SETBACKS SITE PLAN* FRONT YARD (Galena Road) 25’ 25’ SIDE/CORNER YARD (N. Bridge Street/IL Rte. 47 & Ashe Road) Min. 10% of lot/Max. 20’ 20’ REAR YARD (Baseline Road) 0’ 0’ The petitioner is requesting that building setbacks apply only to the overall boundary of the subject property, rather than to each individual building within the site. For purposes of establishing perimeter setbacks, the petitioner proposes designating Galena Road as the front yard, Ashe Road and N. Bridge Street (IL 47) as side or corner side yards, and Baseline Road as the rear yard. Although the M-2 District bulk regulations do not mandate a rear yard setback— and the petitioner’s data table reflects a zero-foot rear setback—the nearest proposed building will be set back well over 100 feet from any adjacent property line due to the inclusion of a required landscape buffer. The petitioner is seeking a zero (0) foot building setback for all yards on future plats for buildings within the data center campus, as Section 10-8-6-C-6.c(6) of the Unified Development Ordinance requires building setback lines on all lots. Staff is supportive of this request but recommends a minimum 500-foot building separation from the nearest data center building or structure (primary or accessory) to the nearest residential or commercial structure. 2. Permitted Uses - Per Table 10-3-12 (B) of the Yorkville Unified Development Ordinance (UDO), “data center” and “electric substation” are permitted land uses in the M-2 General Manufacturing District. Data centers are defined as Energy Industrial Uses per Table 10-3-12(B) in the Unified Development Ordinance. Use standards for Energy Industrial Uses are reserved for future regulations, if ever approved, under Section 10-4-10 in the Unified Development Ordinance (Deviation #2). 8 The petitioner is seeking waiver of future standards adopted being applicable to this subject property after adoption of the Planned Unit Development but has indicated the data center campus will not utilize battery storage related uses which are currently permitted in the M- 2 District. Staff recommends granting a lock on future regulations under this section of the Unified Development Ordinance (UDO) for a period of ten (10) years, provided the applicant agrees to all staff-recommended development standards outlined in this memorandum, which incorporate the proposed best practices, design guidelines, and operational requirements intended to ensure the least impactful and high-quality development across the data center campus. 3. Maximum Building Height - The M-2 District does not have a maximum building height per Table 10-3-9(A) in the Unified Development Ordinance. However, the petitioner has provided overall building heights for each proposed two-story data center building to top of building roof and top of rooftop equipment. As proposed, buildings will not exceed 55’ to top of structure and 78’ to top of rooftop equipment. Staff recommends a maximum overall height for data center buildings within 1,500 feet of a residential structure shall be 70 feet. Additionally, staff recommends rooftop mechanical equipment only be allowed within this buffer subject to approval by City Council. The petitioner has objected to the staff recommended maximum height of 70 feet within the 1,500-foot buffer to nearest residential structure. It is important to note that, based on the petitioner’s site plan, the buffer restriction appears to impact Buildings #1, 2, 7, 9, 12, 13, and 14. However, it seems the measurement may have been taken from the property line of the nearby residential parcel rather than from the residential structure itself. If that is the case, the height restriction's impact on the proposed data center buildings may be reduced. 4. Parking Requirements - According to the Preliminary PUD Plan submitted, there are 3,750 total parking spaces to be provided on the property to accommodate the proposed fourteen (14) building data center campus and electric substation/utility switchyard uses. However, total required parking for the subject property is 5,194 spaces, including 114 ADA accessible spaces. Additionally, per Section 10-5-1K-1 of the Unified Development Ordinance, the petitioner is required to install the infrastructure for a minimum of 104 electric vehicle charging stations (Deviation #3). The petitioner is requesting a variance from the UDO required 0.3 spaces per 1,000 to 0.2 spaces per 1,000. Staff is supportive of the requested deviation and recommends a fee in lieu of the required electric vehicle charging station infrastructure for each station provided below the threshold of 104. These collected fees would be used to fund the installation of electric charging stations in the downtown area or at other public facilities. The petitioner has stated they will accommodate the required minimum 104 EV charging stations onsite or pay the fee-in-lieu. 5. Vehicular Cross Access - Per Section 10-5-1-F of the Unified Development Ordinance, cross access between adjoining developments which minimizes access points along streets, encourages shared parking, and allows for vehicular access between land uses is required (Deviation #5). Due to the impracticality and security concerns of requiring the data center to provide vehicular access to adjacent properties, the petitioner is seeking relief from providing cross access. Staff is supportive of this request, but further recommends a traffic management plan be required during construction, including a communication strategy and an on-site point of contact during construction. A full traffic study is also recommended to determine any adjacent roadway and/or intersection improvements. Preliminary trip generation 9 calculations for the project have been prepared and submitted to the City Engineer for review. 6. Pedestrian Circulation - Per Section 10-5-1-N Pedestrian Circulation Standards of the Unified Development Ordinance required off-street parking areas to on-site pedestrian circulation systems and connection to existing and future planned trails (Deviation #6). The petitioner states that walkways between parking areas and building entrances will be provided on-site, however, they seek a waiver for public access and connection to public sidewalks and bicycle trails due to the nature and security of the proposed land use. Staff is supportive of this request. In consideration of the requested waiver, staff recommends the petitioner construct and provide easements for a ten-foot (10’) multi-use walking trail on the outer perimeter of the proposed data center at the following locations: 1. Ashe Road/Galena north to Baseline Road 2. Baseline Road from Ashe/Eldamain Road east to Bridge Street (Rte. 47) 3. Along Bridge Street (Rte. 47) 4. Along Galena Road 7. Off-Street Loading - Per Section 10-5-1-Q of the Unified Development Ordinance, the number of off-street loading berths shall be determined on a case-by-case basis, and in the instance of special uses, loading berths adequate in number and size to serve such use, as determined by the Zoning Administrators, shall be provided (Deviation #7). The petitioner requests a minimum of one (1) off-street loading space per data center campus building on the subject property. Staff is supportive of this request. 10 8. Landscaping - Section 10-5-3 establishes landscape standards for new developments. The following landscape requirements would apply to this development: building foundation landscaping, parking area perimeter landscaping, parking area interior landscaping, and transition zone landscaping (Deviation #8). The petitioner has submitted the following landscape plan and is seeking relief from the minimum Parking Area Interior Landscape Zone requirements. 11 Staff supports the requested deviation, as the petitioner has proposed a 100-foot Transition Type D Zone Landscape Buffer (see illustration below) surrounding the data center campus, which includes an undulating 8-foot-tall berm along select perimeter areas in response to the site's adjacency to four public roadways. In areas where achieving the full berm height is not feasible—such as utility corridors—alternative landscape screening will be implemented to maintain adequate visual buffering. Additionally, the revised Landscape Plan prepared by Burns McDonnell, dated May 30, 2025, includes prairie mix seeding and planting throughout the interior of the site, as well as enhanced landscaping within the parking lot area to meet parking island and perimeter landscape zone requirements. 9. Mechanical Screening – Per Section 10-5-4 Screening of the Unified Development Ordinance, ground/wall-mounted and roof mounted mechanical units that are visible from any public right- of-way or adjacent residential property shall be screened from public view. Petitioner is seeking to establish standards for screening both types of mechanical units (Deviation #9). Petitioner proposes to screen ground mounted mechanical equipment with vinyl fencing matching the height of the generator units but excluding any stacks protruding above the unit. No additional screening is proposed for rooftop mechanical units located within penthouses. Staff recommends that major mechanical equipment—such as backup generators, chillers, and HVAC units—be positioned on the sides of buildings or in areas furthest from nearby residential properties whenever possible. If rooftop placement is proposed, the equipment should be housed within sound-dampening penthouses, enclosed with acoustic screening, or otherwise treated to comply with the City’s noise ordinance, utilizing the quietest available technology, such as hospital-grade mufflers. Regardless of location, all major mechanical equipment must be fully enclosed or screened with solid barriers to reduce both visual and noise impacts. Staff has engaged a sound engineer to evaluate the preliminary PUD plan, taking into consideration the surrounding existing and future land uses, and prepare a report regarding recommendations for noise mitigation and location of outdoor mechanical equipment. The sound engineer has prepared preliminary recommendations (see attached) which will be conditions of the special use for Planned Unit Development (PUD) and will also review the petitioner’s building permit applications for noise control design and analysis. 10. Lots – Per Section 10-7-2 requires all lots to conform with district standards and states all lots shall front or abut on a public street. (Deviation #10). 12 The petitioner is seeking waiver from the requirement for lots to have access on a public street due to the unique nature of the secure data center campus. Staff is supportive of this request since the site has internal private roadways. 11. Appearance Standards - Per Section 10-5-8-C-4 Industrial Uses, masonry products or precast concrete shall be incorporated on at least fifty (50) percent of the total building. Any other facade that abuts a street shall incorporate masonry products or precast concrete. The use of masonry products or precast concrete is encouraged on the remaining facades. Where precast concrete panels or split face block is utilized, the use of colors, patterns, or other architectural features within these panels/blocks is encouraged. The petitioner has submitted exterior building elevations featuring predominantly blank, monolithic wall structures composed of materials such as light grey precast concrete panels, medium grey insulated metal panels, glazing, and vinyl screen walls with metal downspout accents (Deviation #11). The use of precast concrete panels aligns with the material requirements of the Appearance Standards. To achieve compliance with the Appearance Standards and enhance the visual quality of the proposed development, staff had recommended the petitioner revise their initial building elevations to incorporate greater architectural articulation, variation in materials, and a more dynamic color palette. Elements such as vertical and horizontal modulation, material transitions, and fenestration were suggested to be integrated to break up the monolithic appearance of the facades and improve overall aesthetics. 12. Street Design and Improvements – The petitioner is requesting exemption from the requirements of Section 10-7-3 in the Unified Development Ordinance (Deviation #12). 13 Standards in this section apply only to publicly dedicated roadways. No internal roads are proposed for public dedication. Staff supports the petitioner’s request regarding the internal roadway layout. Initially, the City recommended extending E. Beecher Road north through the project site to connect with Baseline Road, aligning with Mighell Road. However, the petitioner identified potential conflicts with existing ComEd utility corridors, which prevented the proposed extension. Given these constraints, staff is agreeable to the revised internal roadway configuration. The petitioner is continuing to coordinate with Kendall County on site access and final roadway alignments, which remain under review. In addition to internal circulation, the project will require several off-site roadway improvements, including full reconstruction and intersection upgrades along Baseline Road, as well as resurfacing and intersection improvements along Ashe Road. 13. Fencing - Per Section 10-5-5-B-1 of the Unified Development Ordinance states fences may be built up to the property line but shall not extend beyond the front plane of the primary building facade in residential and business districts. Maximum height for fencing in manufacturing districts is eight (8) feet (Deviation #13). Petitioner has provided a manufacturers brochure of proposed high-security steel fencing. They are requesting to have ten (10) foot tall powder-coated black steel security fence extend beyond the front plane of the primary building façade. Staff is supportive of the request. ADDITIONAL RECOMMENDATIONS: The following is a list of operational conditions recommended by staff to be included in the Planned Unit Development for the future data center campus, which is aimed at addressing resident concerns and maintaining quality of life: 14 a. Nuclear Energy Uses - Data center campuses shall be 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. b. Noise Study – A noise study shall be provided as part of the building permitting process which will be subject to review by the City’s sound engineering consultant which entails: i. A pre-construction (initial) noise study including baseline noise measurements of the current environment and predictive modeling in phases and at full buildout to ensure the facility’s design will meet local noise limits. 1. Staff has recommended that the initial noise study be submitted prior to PUD approval, while the project remains in a flexible design phase. This timing allows for potential adjustments to building layouts, if necessary, to address and mitigate any noise transmission concerns identified during the preliminary review stage. 2. The petitioner acknowledges the City’s updated request for a comprehensive noise study but states that conducting such a study at this stage is not practical due to ongoing refinements to the preliminary site plan. They express concern over the timing of the request, noting that it deviates from standard industry and municipal practice, which typically requires noise studies at the permitting stage when equipment specifications are finalized. The petitioner commits to providing a detailed third-party noise report prior to permitting and emphasizes that the current plan already includes substantial noise mitigation measures such as setbacks, berms, landscaping, and equipment screening. They do not anticipate any issues meeting the City’s noise ordinance. ii. A mitigation plan in their noise study to ensure that operational noise does not exceed the City’s current noise ordinance regulations. iii. Continuous noise monitoring devices shall be installed at the onset of construction and reports provided to the City throughout the life of the project as recommended by the City’s sound engineering consultant to verify ongoing noise compliance. c. Operational Testing – Operational testing of emergency backup generators shall be limited to the following: i. Only between the hours of 11am-5pm on weekdays and non-holidays. d. Emergency Operations Plan (EOP) - 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: i. Procedures for fire suppression, hazardous material spills, evacuation, and communication in case of an incident. ii. Training sessions/drill and or walkthroughs with fire and police shall be required prior to occupancy permit. 15 iii. Designated contacts for emergency services and a plan to broadcast information if an incident could affect the public. iv. Must work with KenCom emergency managers to be part of text or siren alert systems. e. Building Code Standards – The following building code standards shall apply: i. 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. ii. Compliance with the National Fire Protection Association (NFPA) 855. f. Battery Storage - Battery uses and storage systems shall be in a separate standalone building a minimum of 50 feet away from any adjacent structure and must be readily accessible by the fire protection district for firefighting efforts. The following additional standards will apply: i. An approved fire safety and evacuation plan shall be prepared and maintained for occupancies that involve activities for the research and development, testing, manufacturing, handling, or storage of lithium-ion batteries or lithium metal batteries, or the repair or servicing of vehicles powered by lithium – ion batteries or lithium metal batteries. ii. A fire detection and alarm system is required for indoor storage rooms and outdoor storage. The method of fire detection is either an air-aspirating system or a radiant- energy sensing system. Indoor rooms are also required to be sprinklered and separated from the remainder of the occupancy by two- hour barriers. This structure must provide a 2-hour fire-resistance-rated enclosure and must have an automatic sprinkler system and detection system. COMPREHENSIVE PLAN: The 2016 Comprehensive Plan Update designates the subject property for Project Cardinal as “Estate/Conservation Residential (ECR)” and “Parks and Open Space (OS).” The ECR designation is intended to allow for flexible residential development patterns while maintaining low-density, detached single-family housing. The Parks and Open Space designation is meant to preserve recreational areas and open space for either public or private use. These land use designations reflect the existing zoning and development plans for the Bailey Meadows and Westhaven PUDs, and the Comprehensive Plan further envisions the west side of N. Bridge Street (IL Route 47) in this area as a location for parkland or “green infrastructure.” Staff supports the proposed PUD for a data center campus due to the corridor along Eldamain Road —identified in the Comprehensive Plan for manufacturing development and showing a recent trend of M-2 uses such as data centers—while also acknowledging relevant Comprehensive Plan recommendations for the site. In Figure 8.17: Eldamain Road Corridor Land Use Strategy of the Yorkville 2016 Comprehensive Plan Update (North of the Fox River), as seen on the following page, the subject area is identified as “Zone B – Distribution (Corneils Road to BNSF Railroad)” meaning this area is recommended for modern industrial park incorporating branding and placemaking elements, as well as a 50’ to 100’ buffer to maintain the zone’s semi-rural visual character. The recommended enhanced perimeter landscaping along Eldamain Road for the proposed Preliminary Planned Unit Development Plan will accomplish this comprehensive plan goal. 16 Further, in Figure 8.5: Zone A - North Gateway Future Land Use Concept (Baseline Road to Galena Road) and Figure 8.20: Rural Agricultural Zone A - Future Land Use Concept (Baseline Road to Corneils Road) each indicate an opportunity to create gateway signage and enhance the roadway with landscaping elements introducing the entryway into the City (as illustrated below). 17 DEVELOPMENT AGREEMENT: Similar to the Cyrus One data center Planned Unit Development (PUD), a separate development agreement will be required for Project Cardinal. This agreement will detail the specific provisions for development offsets and infrastructure funding. To help balance the scale and impact of the proposed 1,034-acre data center campus, the City is requesting the petitioner to provide significant community contributions. These will include a combination of one-time, upfront cash payments and permit-related fees dedicated to gateway signage, park development, school funding, city department impacts, fire protection district support, and downtown redevelopment efforts. The agreement will also outline infrastructure funding obligations for anticipated water and sanitary sewer improvements, including design engineering, payment schedules, and potential recapture provisions. City staff is currently working with the petitioner to refine projected utility usage, which will guide an upcoming water and sewer capacity study to be completed by the City Engineer and YBSD. A draft of the development agreement is expected to be presented to the City Council ahead of the final vote. COMMUNITY MEETING: Section 10-8-13-B-1-a of the Unified Development Ordinance states a community meeting of area/neighborhood property owners, explaining the proposed Annexation, Rezoning and Planned Unit Development (PUD) conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date. Given the scale and intensity of the proposed data center campus, City staff required the petitioner to meet with nearby homeowners prior to the City Council public hearing to present the project plans. These outreach efforts included residents of the Bristol Bay Subdivision to the east, Equestrian Estates at Legacy Farms to the west, and various adjacent property owners along Baseline Road, Eldamain Road, and Galena Road. During the week of May 26, the petitioner held a meeting with the unincorporated property owners to the west and their attorney. A separate virtual meeting was conducted via Zoom on June 5 with the Bristol Bay HOA and residents. Feedback gathered during these meetings will be presented by the petitioner at the public hearing. ECONOMIC DEVELOPMENT COMMITTEE: The originally scheduled Economic Development Committee (EDC) meeting for this project took place on May 6, 2025. Although a quorum was not present, the City and petitioner proceeded with an informational presentation covering both data centers in general and the specific proposal for Project Cardinal. Members of the public attended, asked questions, and shared feedback. A follow-up meeting was scheduled for June 3, 2025, to formally gather input from the committee. However, this meeting also failed to have a quorum and was canceled. Staff intends to bring this matter back to the EDC at the July 1, 2025, regularly scheduled meeting prior to final City Council action. However, feedback from residents and Economic Development Committee members at the informal meeting on May 6th regarding the Project Cardinal Data Center development focused on several key themes. Concerns were raised about noise standards during construction, with suggestions to preserve rural character along Ashe Road and enhance aesthetic treatments, especially those visible from nearby residences. There was also a recommendation to explore alternative construction phasing, such as a “middle-out” approach rather than west-to-east progression. Additional input included requests for clarification on the 500-foot buffer area—particularly regarding equipment placement—resistance to granting interior landscape exemptions due to potential noise benefits, and a preference for undulating berms. Committee members discouraged the use of vinyl fencing around mechanical equipment, instead recommending solid fencing with louvered screening for both 18 noise and visual mitigation. Other topics included Ashe Road jurisdiction, appropriate use and standards for the water tower site, and utility corridor landscaping (including ComEd maintenance and potential prairie plantings). STANDARDS FOR REZONING: Section 10-8-12 Map Amendments establishes criteria for findings of fact related to rezoning (map amendment) requests. When the purpose and effect is to change the zoning of a property and amend the City’s Zoning Map, the Planning and Zoning Commission shall consider each of the following facts before rendering a decision on the request: 1. The proposed Map Amendment is consistent with the Comprehensive Plan and the purposes of the UDO. 2. The proposed Map Amendment is consistent with the existing and planned uses and zoning of the nearby properties. 3. The subject property is suitable for the purposes of the proposed district. 4. The proposed Map Amendment will not result in an individual parcel zoned in one zoning district that is not shared by the adjacent parcels. 5. The proposed parcel(s) to be rezoned shall meet the minimum frontage and area requirements of the requested rezoning district as specified in Section 10-3-9(A). 6. The community need for the proposed use. 7. The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property. The petitioner has provided written responses to these standards which will be incorporated into the record during the public hearing. STANDARDS FOR SPECIAL USE FOR PUD: Section 10-8-5 Special Uses is intended to provide the City additional discretion in the approval process for uses which, because of their unique characteristics, require additional consideration due to the potential impact on neighboring land and of the public need for the particular use at a particular location. The Planning and Zoning Commission may recommend approval of a Special Use upon considering the following standards: 1. The establishment, maintenance or operation of the Special Use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare. 2. The Special Use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within or near the neighborhood in which it is to be located. 3. The establishment of the Special Use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or shall be provided. 5. Adequate measures shall be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The proposed Special Use is not contrary to the objectives of the City’s adopted Comprehensive Plan. The petitioner has provided written responses to these standards which will be incorporated into the record during the public hearing. 19 STANDARDS FOR PLANNED UNIT DEVELOPMENT: The Planning and Zoning Commission may recommend approval of a Planned Unit Development (PUD) upon considering the following standards (Section 10-8-8-E of the Unified Development Ordinance): 1. Plan and Policy Alignment. The Planned Unit Development is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City. 2. Integrated Design with Identifiable Centers and Edges. The Planned Unit Development shall be laid out and developed as a unit in accordance with an integrated overall design, in which the various land uses function as a cohesive whole and support one another. The design shall provide identifiable centers, which form focus areas of activity in the development, and edges, which define the outer borders of the development, through the harmonious grouping of buildings, uses, facilities, public gathering spaces, and open space. 3. Public Welfare. The Planned Unit Development is designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare. 4. Compatibility with Adjacent Land Uses. The Planned Unit Development includes uses which are generally compatible and consistent with the uses of adjacent parcels. If the uses are not generally compatible, all adverse impacts have been mitigated through screening, landscaping, public open space, and other buffering features that protect uses within the development and surrounding properties. 5. Impact on Public Facilities and Resources. The Planned Unit Development is designed so that adequate utilities, road access, stormwater management, and other necessary facilities will be provided to serve it. The Planned Unit Development shall include such impact fees as may be reasonably determined by the City Council. These required impact fees shall be calculated in reasonable proportion to the impact of the Planned Unit Development on public facilities and infrastructure. 6. Archaeological, Historical or Cultural Impact. The Planned Unit Development does not substantially adversely impact an archaeological, historical, or cultural resource, included on the local, state, or federal register, located on or off the parcel(s) proposed for development. The petitioner has provided written responses to these standards which will be incorporated into the record during the public hearing. STAFF COMMENTS: The petitioner has submitted written responses to the applicable standards, which will be entered into the record during the public hearing. However, given the recent submission of a revised site plan and several outstanding items that still need to be addressed by the developer—including the initial noise study, traffic study, and final roadway alignments—as well as the need for formal feedback from the Economic Development Committee, the Planning and Zoning Commission may wish to continue the public hearing to its July 9th meeting to allow additional time for public input and commissioner review. All PUD approvals will be contingent upon the requested deviations and the conditions outlined in staff’s memorandum. This includes review comments from the City Engineer (EEI) provided in a letter dated April 4, 2025, and any subsequent feedback, as well as comments from the City’s sound engineering consultant, Soundscape Engineering, detailed in letters dated April 7 and April 21, 2025, and any follow- up reviews. PROPOSED MOTIONS: 20 1. Rezoning In consideration of testimony presented during a Public Hearing on June 11, 2025 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council a request for rezoning from R-1 Single-Family Suburban Residential District, R-2 Single-Family Traditional Residence District, R-3 Multi-Family Attached Residence District, and B-3 General Business District to M-2 General Manufacturing District for Project Cardinal, a proposed future data center campus, generally located northwest of Route 47 and Galena Road, south of Baseline Road, and east of Ashe Road totaling approximately 1,037 acres, subject to {insert any additional conditions of the Planning and Zoning Commission}… 2. Special Use for Planned Unit Development In consideration of testimony presented during a Public Hearing on June 11, 2025 and approval of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council of a request for Special Use authorization of a Planned Unit Development for Project Cardinal, a data center campus, to be generally located northwest of Route 47 and Galena Road, south of Baseline Road, and east of Ashe Road totaling approximately 1,037 acres, subject to the conditions enumerated in a staff memorandum dated June 5, 2025 and further subject to {insert any additional conditions of the Planning and Zoning Commission}… 3. Preliminary PUD Plan The Planning and Zoning Commission recommends approval to the City Council of the Project Cardinal – Preliminary PUD Site Plan prepared by Burns McDonnell, Margulies Hoelzli Architecture, and O2 and dated 05/30/2025 and further subject to {insert any additional conditions of the Planning and Zoning Commission} … Attachments: 1. Copy of Petitioner’s Application Package dated March 14, 2025 2. Updated Applications dated March 21, 2025, and May 31, 2025 3. Preliminary PUD Site Plan dated 05/30/2025 submitted by Pioneer Development and prepared by Burns McDonnell, Margulies Hoelzli Architecture, and O2 4. Exterior Elevations dated 05/30/2025 submitted by Pioneer Development and prepared by Burns McDonnell, Margulies Hoelzli Architecture, and O2 5. Landscape Plan dated 05/30/2025 submitted by Pioneer Development and prepared by Burns McDonnell 6. Traffic Methodology Memo, as submitted by Pioneer Development on May 30, 2025, and prepared by Burns McDonnell 7. Preliminary Drainage Memo dated March 14, 2025, as submitted by Pioneer Development, and prepared by Burns McDonnell 8. Security Fencing Details dated March 14, 2025, as submitted by Pioneer Development, and prepared by Burns McDonnell 9. Plan Council Response Letter submitted by Pioneer Development 10. EEI Review Letter to the City dated April 4, 2025 11. Project Cardinal Floodplain Exhibit dated March 2025 and prepared by EEI, Inc. 12. Soundscape Engineering Review Memos dated April 7, 2025, and April 21, 2025 13. Plan Council Packet Materials 04-10-2025 14. Data Center Development Map - Overall 15. Project Cardinal Road Improvements- ROW Dedication Exhibit prepared by EEI dated May 2025 16. Project Cardinal Shared Path Exhibit prepared by EEI dated May 2025 17. Public Hearing Notice Affidavit 18. Email from Elizabeth Fotopoulos dated March 25, 2025 ANNEXATION, REZONING & PUD APPLICATIONS UNITED CITY OF YORKVILLE MARCH 14, 2025 Table of Contents Section 1. Project Cardinal Introduction Section 2. Application for Annexation Section 3. Application for Rezoning Section 4. Application for Planned Unit Development (“PUD”) Section 5. Petition for Special Use and PUD Approval Section 6. Conceptual Site Plan Section 7. Building Elevations Section 8. Landscape Plan Section 9. Traffic Impact Analysis Section 10. Stormwater Calculations Section 11. Security Fencing Section 12. Annexation Map Section 13. Legal Description Section 14. Consents of Owners Section 15. Contiguous Owners Section 16. Public Hearing Sign Application Section 17. Fee Schedule Section 18. Acknowledgement of Financial Responsibility Section 1 Project Cardinal Introduction Project Cardinal (“Project”) is an intended state-of-the-art data center campus in the City of Yorkville (“City”) on approximately 1,037 acres of vacant land northwest of Route 47 and Galena Road. The Project is proposed by Pioneer Development, LLC (“Petitioner”), a hyperscale data center developer specializing in advanced digital infrastructure solutions. The phased Project will include up to fourteen data center buildings as shown on the Concept Site Plan included in Section 6 of this application package. Each phase of the Project is expected to include one building, and each building phase is expected to become operational within twenty-four months of groundbreaking. Subject to market conditions, the first building is slated for operation in 2029, and additional buildings will come online on a ramp schedule as power availability increases. Given Chicagoland’s increasing need for high-performance computing, Project completion is anticipated within the next decade. Each building in the Project will feature architectural treatments that incorporate elements reminiscent of modern warehouse design, balancing practical necessity with aesthetics to the full extent possible. Facades will include precast concrete walls with metal elements, considering the most current technology and specific tenant requirements. The Petitioner will install core utilities and site infrastructure, including a utility switchyard, two electrical substations, seven stormwater management basins, three main access roads with security checkpoints, on-site parking, and perimeter fencing. The Project is innovatively designed to operate with minimal impact on public resources, generate significant tax and other revenue streams at local and state levels and enhance the region’s digital and other infrastructure, while meeting the growing hyperscale technology demands of its prospective tenants. Section 2 Application for Annexation Section 3 Application for Rezoning Section 4 Application for PUD Section 5 Petition for Special Use and PUD Approval 1 STATE OF ILLINOIS ) ) COUNTY OF KENDALL ) ) UNITED CITY OF YORKVILLE ) PETITION FOR SPECIAL USE AND PLANNED UNIT DEVELOPMENT APPROVAL THE UNDERSIGNED Petitioner, Pioneer Development LLC, an Illinois limited liability company (hereinafter the “Petitioner”), respectfully petitions the United City of Yorkville (the “City”) to grant a Special Use for Planned Unit Development with development allowances as detailed on the plans submitted herewith for the Subject Property (as defined and more fully set forth below). BACKGROUND INFORMATION 1. The owners of the Subject Property are Dale L. Konicek LLC, The Konicek Family Limited Partnership, Galena & 47TH LLC, MPLIV10 LLC, and Sameer and Sanjay Gupta (collectively, the “Owners”) as to each parcel as shown on Exhibit A attached hereto and incorporated herein; 2. The Petitioner is Pioneer Development, LLC, an Illinois limited liability company located at 30 N. Gould Street #38989, Sheridan, WY 82801; 3. The Petitioner is the contract purchaser of the Subject Property; 4. The Subject Property consists of approximately 1,037 acres located between Route 47, Galena Road, Ashe Road, and Baseline Road in the City, as legally described on Exhibit A attached and incorporated herein (the “Subject Property”) and illustrated on the Concept Site Plan attached as Exhibit B (hereinafter the “Preliminary Plan”); 5. Certain portions of the Subject Property, as shown on Exhibit C attached hereto, have not been annexed to the City, and is the subject property of that certain Application for Annexation submitted to the City by Petitioner on even date herewith; 6. The portion of Subject Property for which Petitioner has applied to be annexed to the City is currently zoned as agricultural; 2 7. A portion of the Subject Property was originally annexed to the City pursuant to Ordinance No. 2005-78 as part of the Westhaven mixed-use residential and commercial planned unit development which was never constructed; 8. A portion of the Subject Property was originally annexed to the City pursuant to Ordinance No. 2004-40 as the Bailey Meadows residential development which was never constructed; 9. The Subject Property within the City is currently zoned as a mixed use residential and commercial planned unit development; 10. The Subject Property is the subject property of that certain Application for Rezoning submitted to the City by Petitioner on even date herewith, whereby Petitioner requests the rezoning of the Subject Property to M-2 General Manufacturing District under the City of Yorkville Unified Development Ordinance (the “Code”); 11. Petitioner proposes to develop the Property as a secure data center campus with two onsite electrical substations and one utility switchyard (the “Data Center Campus”), as generally depicted on the Preliminary Plan; 12. The Data Center Campus will be constructed in phases, over an estimated ten (10) year period; 13. The planned unit development will establish standards governing the phased development of the Data Center Campus; 14. As a Data Center Campus, the Subject Property will accommodate up to fourteen (14) stand-alone facilities consisting of networked computers, storage systems, and computing infrastructure used to assemble, process, store, and distribute data; and two (2) onsite electrical substations and one (1) utility switchyard will supply electricity to these facilities; and 15. Petitioner has submitted appropriate supporting details for approval of the Special Use for Planned Unit Development as set forth herein. 3 PROJECT SUMMARY Petitioner is a hyperscale data center developer specializing in advanced digital infrastructure solutions. The proposed Yorkville data center campus is designed to operate with minimal impact on public resources while supporting mission-critical operations. Its electricity consumption is projected to generate significant tax revenue at local and state levels, reinforce the region’s digital infrastructure, and meet the growing hyperscale technology demands of its tenants. The Data Center Campus will be a state-of-the-art facility serving the Chicagoland market’s increasing need for high-performance computing. As shown on the Preliminary Plan, spanning approximately 1,037 acres, the Data Center Campus will include up to fourteen (14) data center buildings, two (2) electrical substations, and one (1) utility switchyard, with improvements potentially spread across fourteen (14) phases. Petitioner will install core utilities and site infrastructure, including the utility switchyard, two (2) substations, seven (7) stormwater management basins, three (3) main access roads with security checkpoints, on-site parking, and perimeter fencing. Each building is expected to become operational within fifteen (15) to twenty-four (24) months of groundbreaking, with the full buildout anticipated in approximately a decade, subject to market conditions. The campus will feature eight (8) secure access points, three (3) of which will be access points to the data respective portions of the data center campus. Two (2) access points are dedicated to ComEd’s electrical switchyard and three to emergency services, these access points will experience minimal traffic and are restricted to authorized ComEd personnel and emergency responders. The switchyard access point lies along the southwest edge of the campus on Galena Road. Primary vehicular ingress and egress to the Data Center Campus buildings will occur through one access point on Ashe Road and two on Route 47. Guard stations and a series of automated gates at each driveway will uphold stringent security protocols. All vehicles will proceed through an electrically actuated fence system, where credentials and identification must be verified before entry. Unauthorized vehicles will be routed to exit via either Ashe Road or Route 47 respectively. Internal pavement design ensures security 4 checks do not impede public traffic. An approximately ten-foot security fence is proposed to encircle the entire campus, including both substations and the switchyard, as shown in the Preliminary Plan. Each building will feature architectural treatments that incorporate elements reminiscent of modern warehouse design that are as aesthetically pleasing as practically possible. Facades will include advanced glazing, refined articulation, precast concrete walls, and metal elements. The first facility is slated for operation in 2029, contingent on power availability, with additional buildings coming online on a ramp schedule as power availability increases and construction schedules allow. Building height is defined at fifty-five feet (55’) to the flat roof, with rooftop equipment bringing total height to a maximum of seventy- eight (78’) feet. Actual building specifications may vary in response to evolving technology or specific tenant requirements. STANDARDS FOR SPECIAL USE APPROVAL FOR A PLANNED UNIT DEVELOPMENT PURSUANT TO UDO SECTION 10-8-5(D) 1. The establishment, maintenance or operation of the Special Use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare. The proposed Data Center Campus will enhance the public health, safety, morals, comfort, and general welfare of the City. Although portions of the Subject Property were originally annexed to the City in 2004 and 2005, respectively, the Subject Property within the City limits has remained farmland, without a productive use consistent with the underlying mixed-use residential and commercial planned unit development zoning for nearly twenty (20) years. The Data Center Campus is a permitted use in the proposed M-2 General Manufacturing District. The development of the Subject Property as the Data Center Campus will drive substantial investment in the City that will generate new construction jobs, create long- term employment opportunities, and produce significant tax and other revenues. Establishing the Data Center Campus will position the City as a competitive regional leader for future tenants and strengthen its status as an emerging employment center in the data technology sector. 5 2. The Special Use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within or near the neighborhood in which it is to be located. The Subject Property lies entirely within the boundaries of Baseline Road to the North, Ashe Road to the West, Route 47 to the East and Galena Rd to the South. The parcel to the North is separated from the Subject Property by Baseline Road and consists of farmland in Kane County. The parcel to the West, separated from the Subject Property by Ashe Road, consists of residential homes with large setbacks from Ashe Road and more farmland. To the East, across Route 47, lies a multi-family development. Parcels across Galena Road to the South of the Subject Property consist of unincorporated Kendall County farmland and a parcel that is the subject of a proposed data center development, permitted in that manufacturing zoned district. Data centers represent significant capital projects and are often drawn to locations with existing utility infrastructure. However, these locations still typically require substantial installations of utility upgrades to meet data center needs, especially demand for electrical capacity. Such developments, typically funded by institutional investors, yield elevated values within a sub-market and strengthen revenue streams for local governmental entities reliant on property taxes. Accordingly, Petitioner’s proposed investment in the Data Center Campus, along with planned electrical substation upgrades, will appreciably increase, rather than impair or diminish, the value of adjacent properties. 3. The establishment of the Special Use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. Pending approval of the Application for Rezoning for the Subject Property to M-2 General Manufacturing District submitted to the City by Petitioner, the City recognizes a data center as an appropriate use for the Subject Property. Petitioner’s application for a special use is not driven by the proposed data center use alone, but by the Petitioner’s proposal for a planned unit development that provides comprehensive standards for multiple data centers in a campus-like configuration developed in phases. By committing to significant infrastructure in the initial phase, the Petitioner seeks assurance that subsequent 6 phases remain governed by these planned unit development standards rather than being subject to future legislative changes. This planned unit development framework will not hinder the normal and orderly development of surrounding properties. Instead, it offers clear, consistent guidelines that may provide neighboring property owners with direction for improvement of their properties. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or shall be provided. The Subject Property is well-positioned with regards to access and utilities. Based on significant data center development experience of Petitioner, its engineers and consultants, the ingress and egress to the Data Center Campus proposed by Petitioner herein will adequately serve the intended use. Within the Data Center Campus, the Petitioner has designed a network of drive aisles essential to the campus’s security and operations. All internal aisles will be privately owned, operated, and maintained, thereby minimizing the burden on public facilities and eliminating the City’s responsibility for internal road upkeep. However, Petitioner will grant the City all necessary easements for perpetual private access and utilities, including water line easements as indicated on the Preliminary Plan. Stormwater management basins will be developed in compliance with applicable regulation. Stormwater basins will be enhanced with native vegetation to create open space, establish new habitats, minimize erosion, and promote infiltration, yielding tangible ecological benefits. In coordination with City staff, the Petitioner will determine the most optimal way to enhance the municipal sanitary and water services adjacent to the Subject Property before connecting, representing a potentially substantial investment up-front. By enhancing public infrastructure, Petitioner will position surrounding properties for further investment. 5. Adequate measures shall be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. Petitioner has engaged engineers and consultants with extensive experience in data center facility design and has developed an efficient, secure ingress and egress plan for the Data Center Campus. Substantial setbacks from Route 47 and Ashe Road are incorporated to prevent traffic queues from 7 extending onto public roadways. Within the Data Center Campus, the drive aisles and gating systems are scaled and spaced to accommodate both arriving vehicles and those denied entry. On Route 47, the two (2) access points are aligned to avoid disrupting the ingress and egress of the Bristol Bay multifamily development to the East. On Ashe Road, the proposed access will not impede traffic flow or other entry to driveways. The Petitioner has retained a traffic engineer to conduct a traffic study to verify roadway capacity, and this study will be provided to the City upon completion. 6. The proposed Special Use is not contrary to the objectives of the City’s adopted Comprehensive Plan. According to the Comprehensive Plan adopted by the City in 2016, to guide future industrial development, the City aims to: 1) remove barriers to investment and encourage development through incentives and regulatory relief, 2) focus industrial attraction efforts on near-term industrial, 3) redevelop industrial zones to accommodate diverse facility sizes modern office park settings, 4) Promote best practices in building design, stormwater management, landscaping, and placemaking, and 5) ensure future industrial developments are located near adequate transportation and infrastructure networks. Granting the Special Use for Planned Unit Development to allow the proposed Data Center Campus on the Subject Property aligns with these objectives by removing regulatory barriers and fostering industrial growth. It also provides a framework to promote best practices in building design, stormwater management and landscape buffering. Accordingly, the proposed Special Use is not contrary to the objectives of the City’s Comprehensive Plan and furthers its objectives in the near term. REVIEW STANDARDS FOR APPROVAL OF PLANNED UNIT DEVELOPMENT PURSUANT TO UDO SECTION 10-8-8(E) 1. Plan and Policy Alignment. The Planned Unit Development is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City. As stated above, the proposed Planned Unit Development aligns with the City’s Comprehensive Plan objectives for industrial development. Approval of a Planned Unit Development ensures coordinated, large-scale planning for this industrial site and creates a structured framework for the phased investment required by a project of this size. 8 2. Integrated Design with Identifiable Centers and Edges. The Planned Unit Development shall be laid out and developed as a unit in accordance with an integrated overall design, in which the various land uses function as a cohesive whole and support one another. The design shall provide identifiable centers, which form focus areas of activity in the development, and edges, which define the outer borders of the development, through the harmonious grouping of buildings, uses, facilities, public gathering spaces, and open space. The Preliminary Plan provides an integrated design featuring three (3) core land uses functioning as a unified whole. A new utility switchyard and two (2) new electric substations will supply power to the fourteen (14) phased data center buildings forming a centralized utility component. The data center buildings, along with parking and access drives, serve as focal points of activity. Perimeter access drives and stormwater ponds define the campus edges, ensuring appropriate drainage for impervious surfaces in compliance with the Code, and creating a cohesive grouping of buildings, infrastructure, and amenities. 3. Public Welfare. The Planned Unit Development is designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare. The proposed Planned Unit Development for the Data Center Campus is generally compatible with and consistent with the uses of adjacent parcels. As mentioned above, the parcel to the North is separated from the Subject Property by Baseline Road and consists of farmland in Kane County. The parcel to the West, separated from the Subject Property by Ashe Road, consists of residential homes with large setbacks from Ashe Road and more farmland. To the East, across Route 47, lies a multi-family development. Parcels across Galena Road to the South of the Subject Property consist of unincorporated Kendall County farmland and a parcel that is the subject of a proposed data center development, permitted in that manufacturing zoned district. The planned improvements are concentrated in the core of the Subject Property, with setbacks exceeding zoning requirements. Around the perimeter of the Data Center Campus, stormwater detention basins serve as open space, further protecting the current and future uses on adjacent parcels. 4. Compatibility with Adjacent Land Uses. The Planned Unit Development includes uses which are generally compatible and consistent with the uses of adjacent parcels. If the uses are not generally 9 compatible, all adverse impacts have been mitigated through screening, landscaping, public open space, and other buffering features that protect uses within the development and surrounding properties. As discussed above, the proposed Planned Unit Development for the Data Center Campus is generally compatible with and consistent with the uses of adjacent parcels. The parcel to the North is separated from the Subject Property by Baseline Road and consists of farmland in Kane County. The parcel to the West, separated from the Subject Property by Ashe Road, consists of residential homes with large setbacks from Ashe Road and more farmland. To the East, across Route 47, lies a multi-family development. Parcels across Galena Road to the South of the Subject Property consist of unincorporated Kendall County farmland and a parcel that is the subject of a proposed data center development, permitted in that manufacturing zoned district. Overall, the building setbacks will exceed City Code requirements, and perimeter landscaping and stormwater improvements will create a natural buffer, preserving the suitability of current and future neighboring uses. 5. Impact on Public Facilities and Resources. The Planned Unit Development is designed so that adequate utilities, road access, stormwater management, and other necessary facilities will be provided to serve it. The Planned Unit Development shall include such impact fees as may be reasonably determined by the City Council. These required impact fees shall be calculated in reasonable proportion to the impact of the Planned Unit Development on public facilities and infrastructure. The proposed Data Center Campus Planned Unit Development is designed to ensure sufficient utilities, road access, stormwater management, and other vital facilities. The Preliminary Plan shows a system of stormwater management basins to handle runoff from new impervious surfaces. Roadway access has been addressed in detail. Although public utilities do not currently reach the Subject Property, Petitioner and City staff are coordinating on a plan for extending and interconnecting these utilities. A substantial investment in utilities and other infrastructure will provide opportunity for nearby development. New electrical substations will also be constructed as a key component of the project. Overall, the Data Center Campus Planned Unit Development will not impose a substantial burden on public facilities; rather, it will enhance them in a way that likely spurs further investment on neighboring properties. 6. Archaeological, Historical or Cultural Impact. The Planned Unit Development does not substantially adversely impact an archaeological, historical, or cultural resource, included on the local, state, or federal register, located on or off the parcel(s) proposed for development. 10 The proposed Data Center Campus Planned Unit Development does not substantially impact any archaeological, historical, or cultural resources listed on local, state, or federal registers, whether on or off the Subject Property. The Petitioner is conducting the relevant assessments to evaluate wetlands, waters, threatened/endangered species, and historical resources, and will coordinate any required approvals with the City before constructing improvements. REQUIRED DEVIATIONS FROM UNIFORM DEVELOPMENT ORDINANCE 1. Table 10-3-9(A) Bulk and Dimensional Standards. The Code requires the following setbacks: Front: twenty-five feet (25’); Side: twenty feet (20’); and Rear: none (0’). Petitioner requests a deviation that setbacks shall be limited to the outer boundary of the Subject Property. For the purpose of setbacks, Route 47 will serve as the “Front”, Ashe Road will be the “Rear”, and the north and south edges of the Subject Property will be “Sides”. This request includes a waiver of any setback requirements between buildings or setbacks from internal lot lines of any future subdivision. 2. Chapter 10-4-10 Energy Industrial Uses. Under the Code, data centers fall under the “Energy Industrial Use” category, for which there are currently no specific use standards in Chapter 4. Consequently, the proposed Data Center Campus is not subject to any such standards, and any new standards adopted after approval of the Special Use for Planned Unit Development will not apply to the Subject Property. 3. 10-5-1(F) Cross Access. Due to the unique security requirements of the Data Center Campus, any cross-access requirements between adjacent developments, as outlined by the Code, shall be waived for the Subject Property. 4. Table 10-5-1(H)(5) Minimum Parking Requirement. In accordance with the Code, the minimum parking requirement is 0.3 spaces per 1,000 square feet for industrial uses greater than 8,000 square feet. Petitioner requests a variance to reduce that requirement to 0.2 parking spaces per 1,000 square feet. The average size of a building in the proposed Data Center Campus is 1,878,142 square feet, requiring 505 parking spaces per building. Petitioner calculates the actual parking demand will be approximately 375 parking spaces per building, under the requested .2 parking spaces per 1,000 square feet. Further, parking within the Data Center Campus will be shared among its constituent buildings and lots, rather than calculated on an individual building or lot basis. However, if exclusive occupant parking spaces are designed for a particular lot or building, those spaces will not be counted toward the overall minimum for the remainder of the campus. 5. 10-5-1 (N) Pedestrian Circulation. The Code requires pedestrian walkways between buildings. Where appropriate, the Petitioner will install walkways between parking areas and building entrances, complying with ADA standards. However, there will be no pedestrian connections between buildings or open spaces. Accordingly, 11 the Petitioner requests a waiver of pedestrian circulation requirements, except those necessary to connect each building to its parking area within the Data Center Campus. 6. 10-5-1(O) Bicycle Parking. Under the Code, bicycle parking is required. However, given the surrounding roadways and the Subject Property’s intended use, bicycle access is not feasible. Accordingly, the Petitioner requests a waiver of the bicycle parking requirements. 7. 10-5-1(Q) Required Off-Street Loading Spaces. In accordance with the Code, the Zoning Administrator determines the required number of off- street loading spaces. Petitioner requests a minimum of one off-street loading space per Data Center Campus building on the Subject Property. 8. 10-5-3 Landscape. The Code imposes extensive landscaping requirements in and around parking lots and building areas to enhance community character. Due to the secure nature of the campus and the potential conflicts between landscaping and the mechanical systems unique to a Data Center Campus, the Petitioner seeks to reduce internal landscaped areas. In place of the City’s standard requirements set forth in the Code, the Petitioner proposes to adopt the landscaping standards outlined in the Subject Property’s landscape plan. 9. 10-5-4(B) & (C) Screening of Mechanical Units. The Code mandates screening for both ground-mounted and rooftop-mounted mechanical units. However, due to the nature of the Data Center Campus and its associated mechanical infrastructure, Petitioner proposes an alternative standard. Ground-mounted generator units will be enclosed by vinyl fencing matching the generator’s height (excluding any protruding stacks), while rooftop- mounted mechanical units within penthouses will not be required to have additional screening. 10. 10-5-5 Fences. The Code requires that fencing not extend beyond the front plane of the primary building façade. The Petitioner seeks approval for the fencing specifications and placement as shown on the Preliminary Plan. 11. 10-5-8(4) Appearance Standards, Industrial Uses. Under the Code, industrial buildings longer than 100 feet must include recesses along at least 30% of any facade facing a public street. However, given the significant setbacks in the Data Center Campus layout and the emphasis on open space along its perimeter, Petitioner requests that these architectural standards be waived provided that buildings are constructed with masonry or precast materials. 12. 10-7-2 Lots. Pursuant to the Code, each lot must abut a public street, and the Planning and Zoning Commission along with the City Council retain final authority over lot size, shape, and orientation. However, given the unique, secure nature of the Data Center Campus, Petitioner request that the City waive the public street access requirement and agree to approve any future subdivision of the Subject Property that the Petitioner determines reasonably necessary and appropriate for its use, operation, maintenance, or disposition. 13. 10-7-3 Street Design and Improvements & 10-7-4 Circulation and Connectivity. The Code establishes standards for street development and circulation within a proposed project. However, because this proposal does not include new streets or internal driveways, Petitioner requests exemption from those requirements. 12 WHEREFORE, by reason of the foregoing, the undersigned Petitioner requests the City’s Plan Council, Economic Development Committee, Planning and Zoning Commission and City Council take the necessary and appropriate action to grant a Special Use for Planned Unit Development with development allowances as detailed on the plans submitted herewith for the Subject Property and pursuant to the appropriate provisions of the Code. RESPECTFULLY SUBMITTED this 14th day of March, 2025. PETITIONER: PIONEER DEVELOPMENT, LLC an Illinois limited liability company Mahoney, Silverman & Cross, LLC Attorney for the Petitioner 13 EXHIBIT A PINS BY OWNER Galena & 47TH LLC, MPLIV10 LLC PIN: 02-05-300-003 CITY OF YORKVILLE PIN: 02-04-300-032 CITY OF YORKVILLE PIN: 02-04-300-024 CITY OF YORKVILLE PIN: 02-05-400-021 CITY OF YORKVILLE PIN: 02-09-100-031 CITY OF YORKVILLE PIN: 02-09-100-030 CITY OF YORKVILLE Sanjay & Sameer Gupta PIN: 02-04-100-015 CITY OF YORKVILLE PIN: 02-05-200-007 UNINCORPORATED The Konicek Family Limited Partnership PIN: 02-06-100-022 UNINCORPORATED DALE L. KONICEK, LLC PIN: 02-06-200-002 CITY OF YORKVILLE PIN: 02-05-400-022 CITY OF YORKVILLE PIN: 02-05-200-006 CITY OF YORKVILLE PIN: 02-04-100-016 CITY OF YORKVILLE PIN: 02-06-400-008 UNINCORPORATED PIN: 02-06-200-003 UNINCORPORATED PIN: 02-05-100-003 UNINCORPORATED PIN: 02-05-100-005 UNINCORPORATED PIN: 02-05-400-009 CITY OF YORKVILLE PIN: 02-04-300-018 CITY OF YORKVILLE PIN: 02-04-300-017 CITY OF YORKVILLE LEGAL DESCRIPTION OF THE SUBJECT PROPERTY {Please see attached Section 13 – Legal Descriptions.} 14 EXHIBIT B PRELIMINARY PLAN {Please see attached Section 6 – Conceptual Site Plan.} Section 6 Conceptual Site Plan 150 PARKING SPACES STORMWATER MANAGEMENT BASIN STORMWATER MANAGEMENT BASIN STORMWATER MANAGEMENT BASINSTORMWATER MANAGEMENT BASINSTORMWATER MANAGEMENT BASINSTORMWATER MANAGEMENT BASIN BUILDING 3 2 STORY DATA CENTER UTILITY SWITCHYARD CUSTOMER SUBSTATION CUSTOMER SUBSTATION BASELINE ROAD ROUTE 47GALEN A R O A DASHE ROAD SECURITY FENCE SECURITY FENCE SECURITY FENCE FUTURE WATER TANKS 25 FT SETBACK 20 FT SETBACK 20 FT SETBACK ROB ROY CREEKUTILITY CORRIDOR FUTURE UTILITY CORRIDOR 300 PARKING SPACESBUILDING 1 2 STORY DATA CENTER 300 PARKING SPACES150 PARKING SPACESBUILDING 42 STORY DATA CENTER300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES150 PARKING SPACES300 PARKING SPACES300 PARKING SPACESBUILDING 122 STORY DATA CENTERBUILDING 2 2 STORY DATA CENTER BUILDING 5 2 STORY DATA CENTER BUILDING 6 2 STORY DATA CENTER BUILDING 7 2 STORY DATA CENTER BUILDING 8 2 STORY DATA CENTER BUILDING 9 2 STORY DATA CENTER BUILDING 10 2 STORY DATA CENTER BUILDING 11 2 STORY DATA CENTER BUILDING 13 2 STORY DATA CENTER BUILDING 14 2 STORY DATA CENTER RESIDENCE DISTRICT 2,000-FT RESIDENCE DISTRICT BUILDING HEIGHT RESTRICTION ZONE RESIDENCE DISTRICT STORMWATER MANAGEMENT BASIN DRAINAGE CHANNEL DRAINAGE CHANNEL DRAINAGE CHANNEL TYPE D TRANSITION ZONE - SEE LANDSCAPE DRAWINGS FOR DETAILS P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NS I T E P L A N A-1 0 3 / 1 4 / 2 0 2 5PLANMAXIMUM F.A.R.N/AN/A MAXIMUM LOT COVERAGE85% (38,395,962 SF)41% (18,552,808 SF) MINIMUM LOT SIZEN/AN/A COVERAGE ACCESSIBLE PARKING SPACES 11492 PARKING SPACES5,1943,750 REQUIREDPROVIDED DATA CENTER PARKING RATIO 0.3 SPACES PER 1,000 SF PARKING *SETBACKS APPLY ONLY TO THE PERIMETER OF THE PROPERTY. IN THE EVENT THAT THE PROPERTY IS RESUBDIVIDED, THERE SHALL BE NO SETBACKS APPLICABLE TO INTERNAL LOT LINES. REAR0 FT0 FT SIDEMIN. 10% OF LOT DEPTH, MAX. 20FT20 FT FRONT25 FT25 FT SETBACKS BUILDING HEIGHT55 FT55 FT REQUIREDPROVIDED TOTAL SITE AREA45,171,720 SF (1,037 ACRES) TARGET ZONE CLASSM-2 GENERAL MANUFACTURING SITE DATA TOTAL 8,656,501 SF 17,313,002 SF N/AN/A BUILDING 14 680,591 SF 1,361,182 SF 55 FT78 FT BUILDING 13 680,591 SF 1,361,182 SF 55 FT78 FT BUILDING 12 390,000 SF 780,000 SF55 FT78 FT BUILDING 11 680,591 SF 1,361,182 SF 55 FT78 FT BUILDING 10 680,591 SF 1,361,182 SF 55 FT78 FT BUILDING 9 680,591 SF 1,361,182 SF 55 FT78 FT BUILDING 8 680,591 SF 1,361,182 SF 55 FT78 FT BUILDING 7 680,591 SF 1,361,182 SF 55 FT78 FT BUILDING 6 680,591 SF 1,361,182 SF 55 FT78 FT BUILDING 5 680,591 SF 1,361,182 SF 55 FT78 FT BUILDING 4 390,000 SF 780,000 SF55 FT78 FT BUILDING 3 390,000 SF 780,000 SF55 FT78 FT BUILDING 2 680,591 SF 1,361,182 SF 55 FT78 FT BUILDING 1 680,600 SF 1,361,182 SF 55 FT78 FT BUILDING NUMBER FOOTPRINT AREA TOTAL FLOOR AREA HEIGHT (TOP OF BUILDING) HEIGHT (TOP OF EQUIPMENT) BUILDING AREAS 0'150'300'600' Section 7 Building Elevations SECOND FLOORSECOND FLOOR T.O. ROOFT.O. ROOF 55' - 0"55' - 0" INSULATED METAL PANELINSULATED METAL PANEL GLAZINGGLAZING PRECAST CONCRETEPRECAST CONCRETE VINYL SCREENVINYL SCREEN METAL SCUPPER AND LEADERMETAL SCUPPER AND LEADER INSULATED METAL PANELINSULATED METAL PANEL GLAZINGGLAZINGROOFTOP EQUIPMENTROOFTOP EQUIPMENT PARAPETPARAPET METAL CANOPYMETAL CANOPY ELEVATION LEGEND PRECAST CONCRETE PANEL OR SIMILAR - LIGHT GREYINSULATED METAL PANEL OR SIMILAR - MEDIUM GREYGLAZINGVINYL SCREEN P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NS O U T H E L E V A T I O N A-2 0 3 / 1 4 / 2 0 2 5 SECOND FLOORSECOND FLOOR T.O. ROOFT.O. ROOF 55' - 0"55' - 0" INSULATED METAL PANELINSULATED METAL PANEL GLAZINGGLAZING PRECAST CONCRETEPRECAST CONCRETE VINYL SCREENVINYL SCREEN ROOFTOP EQUIPMENTROOFTOP EQUIPMENT METAL CANOPYMETAL CANOPY ELEVATION LEGEND PRECAST CONCRETE PANEL OR SIMILAR - LIGHT GREYINSULATED METAL PANEL OR SIMILAR - MEDIUM GREYGLAZINGVINYL SCREEN P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NE A S T E L E V A T I O N A-3 0 3 / 1 4 / 2 0 2 5 SECOND FLOORSECOND FLOOR T.O. ROOFT.O. ROOF 55' - 0"55' - 0" INSULATED INSULATED METAL PANELMETAL PANEL GLAZINGGLAZINGPRECAST PRECAST CONCRETECONCRETE VINYL SCREENVINYL SCREEN ROOFTOP EQUIPMENTROOFTOP EQUIPMENT METAL SCUPPER METAL SCUPPER AND LEADERAND LEADER ELEVATION LEGEND PRECAST CONCRETE PANEL OR SIMILAR - LIGHT GREYINSULATED METAL PANEL OR SIMILAR - MEDIUM GREYGLAZINGVINYL SCREEN P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NN O R T H E L E V A T I O N A-4 0 3 / 1 4 / 2 0 2 5 SECOND FLOORSECOND FLOOR T.O. ROOFT.O. ROOF 55' - 0"55' - 0"PRECAST CONCRETEPRECAST CONCRETE VINYL SCREENVINYL SCREEN ROOFTOP EQUIPMENTROOFTOP EQUIPMENT ELEVATION LEGEND PRECAST CONCRETE PANEL OR SIMILAR - LIGHT GREYINSULATED METAL PANEL OR SIMILAR - MEDIUM GREYGLAZINGVINYL SCREEN P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NW E S T E L E V A T I O N A-5 0 3 / 1 4 / 2 0 2 5 Section 8 Landscape Plan L-02 2 L-02 3 L-02 4 L-02 1 CAMPUS ENTRY CAMPUS ENTRY CAMPUS ENTRY 150 PARKING SPACES STORMWATER MANAGEMENT BASIN STORMWATER MANAGEMENT BASIN STORMWATER MANAGEMENT BASINSTORMWATER MANAGEMENT BASINSTORMWATER MANAGEMENT BASINSTORMWATER MANAGEMENT BASIN BUILDING 3 2 STORY DATA CENTER UTILITY SWITCHYARD CUSTOMER SUBSTATION CUSTOMER SUBSTATION BASELINE ROAD ROUTE 47GALENA ROADASHE ROADSECURITY FENCE SECURITY FENCE SECURITY FENCE FUTURE WATER TANKS 25 FT SETBACK 20 FT SETBACKROB ROY CREEKUTILITY CORRIDOR FUTURE UTILITY CORRIDOR 300 PARKING SPACESBUILDING 1 2 STORY DATA CENTER 300 PARKING SPACES150 PARKING SPACESBUILDING 42 STORY DATA CENTER300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES150 PARKING SPACES300 PARKING SPACES300 PARKING SPACESBUILDING 122 STORY DATA CENTERBUILDING 2 2 STORY DATA CENTER BUILDING 5 2 STORY DATA CENTER BUILDING 6 2 STORY DATA CENTER BUILDING 7 2 STORY DATA CENTER BUILDING 8 2 STORY DATA CENTER BUILDING 9 2 STORY DATA CENTER BUILDING 10 2 STORY DATA CENTER BUILDING 11 2 STORY DATA CENTER BUILDING 13 2 STORY DATA CENTER BUILDING 14 2 STORY DATA CENTER RESIDENCE DISTRICT 2,000-FT RESIDENCE DISTRICT BUILDING HEIGHT RESTRICTION ZONE RESIDENCE DISTRICT STORMWATER MANAGEMENT BASIN DRAINAGE CHANNEL DRAINAGE CHANNEL DRAINAGE CHANNEL TYPE D TRANSITION ZONE - SEE LANDSCAPE DRAWINGS FOR DETAILS LANDSCAPE SURFACING LEGEND 100' TRANSITIONAL TYPE D LANDSCAPE BUFFER BUILDING FOUNDATION LANDSCAPE ZONE PARKING AREA PERIMETER LANDSCAPE ZONE LANDSCAPE SEEDING/PLANTING TBD 300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES150 PARKING SPACESBUILDING 122 STORY DATA CENTERBUILDING 8 2 STORY DATA CENTER BUILDING 9 2 STORY DATA CENTER BUILDING 10 2 STORY DATA CENTER BUILDING 11 2 STORY DATA CENTER DRAINAGE CHANNEL 2000' RESIDENCE DISTRICT BUILDING HEIGHT RESTRICTION ZONE 2000' RESIDENCE DISTRICT BUILDING HEIGHT RESTRICTION ZONE300 PARKING SPACES300 PARKING SPACES300 PARKING SPACESBUILDING 5 2 STORY DATA CENTER BUILDING 6 2 STORY DATA CENTER BUILDING 7 2 STORY DATA CENTER 2000' RESIDENCE DISTRICT BUILDING HEIGHT RESTRICTION ZONE 300 PARKING SPACES300 PARKING SPACESBUILDING 13 2 STORY DATA CENTER BUILDING 14 2 STORY DATA CENTER LANDSCAPE SURFACING LEGEND 100' TRANSITIONAL TYPE D LANDSCAPE BUFFER BUILDING FOUNDATION LANDSCAPE ZONE PARKING AREA PERIMETER LANDSCAPE ZONE LANDSCAPE SEEDING/PLANTING TBD 150 PARKING UTILITY SWITCHYARD 150 PARKING SPACES BUILDING 3 2 STORY DATA CENTER 300 PARKING SPACESBUILDING 1 2 STORY DATA CENTER 300 PARKING SPACES150 PARKING SPACESBUILDING 42 STORY DATA CENTERBUILDING 2 2 STORY DATA CENTER DRAINAGE CHANNEL Section 9 Traffic Impact Analysis Traffic Methodology Memo Project Cardinal PROJECT NO. 182671 R E VISION A MARCH 14, 2025 13737 Noel Road Suite 700 | Dallas, TX 75240 | burnsmcd.com Methodology Memorandum Project Understanding The proposed industrial development is in the City of Yorkville and District 3 of the Illinois Department of Transportation. T he site is generally located south of Baseline Road, North of Galena Road, east of Elda main Road, and west of IL 47. The project site is adjacent to both City and State maintained roadways which will require coordination with both interties. The purposes of the Traffic Impact Analysis (TIA) are to evaluate proposed traffic conditions under build and no-build conditions as it pertains to the proposed development. The TIA will be developed in accordance with the TIA Guidelines contained within the Yorkville, IL Unified Development Ordinance. The proposed scope of services will be performed for normal operating time periods and peak operating time periods. Scope of Services The following sections detail the proposed scope of work. The following guidelines will be followed in the preparation of the traffic impact analysis: • Highway Capacity Manual, 7th Edition • Institute of Transportation Engineers Trip Generation Manual, 11th Edition • Yorkville, IL Unified Development Ordinance Traffic Study Guidelines • IDOT Bureau of Design and Environmental Manual Project Information The proposed project site consists of approximately 1,000 acres of Data Center and supporting utility land uses. Two sizes of Data Center buildings are planned for the proposed development, consisting of fourteen (14) total buildings. These include: - Eleven (11) Data Centers at approximately 1,900,000 SF each - Three (3) Data Centers at approximately 940,000 SF each The proposed project site location in relation to Yorkville, IL and Montgomery, IL is shown in Figure 1. A Preliminary Site Plan is shown in Figure 2, depicting general footprint and proposed access locations for the development. Figure 1: Project Site Location 150 PARKING SPACES STORMWATER MANAGEMENT BASIN STORMWATER MANAGEMENT BASIN STORMWATER MANAGEMENT BASINSTORMWATER MANAGEMENT BASINSTORMWATER MANAGEMENT BASINSTORMWATER MANAGEMENT BASIN BUILDING 3 2 STORY DATA CENTER UTILITY SWITCHYARD CUSTOMER SUBSTATION CUSTOMER SUBSTATION BASELINE ROAD ROUTE 47GALEN A R O A DASHE ROAD SECURITY FENCE SECURITY FENCE SECURITY FENCE FUTURE WATER TANKS 25 FT SETBACK 20 FT SETBACK 20 FT SETBACK ROB ROY CREEKUTILITY CORRIDOR FUTURE UTILITY CORRIDOR 300 PARKING SPACESBUILDING 1 2 STORY DATA CENTER 300 PARKING SPACES150 PARKING SPACESBUILDING 42 STORY DATA CENTER300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES150 PARKING SPACES300 PARKING SPACES300 PARKING SPACESBUILDING 122 STORY DATA CENTERBUILDING 2 2 STORY DATA CENTER BUILDING 5 2 STORY DATA CENTER BUILDING 6 2 STORY DATA CENTER BUILDING 7 2 STORY DATA CENTER BUILDING 8 2 STORY DATA CENTER BUILDING 9 2 STORY DATA CENTER BUILDING 10 2 STORY DATA CENTER BUILDING 11 2 STORY DATA CENTER BUILDING 13 2 STORY DATA CENTER BUILDING 14 2 STORY DATA CENTER RESIDENCE DISTRICT 2,000-FT RESIDENCE DISTRICT BUILDING HEIGHT RESTRICTION ZONE RESIDENCE DISTRICT STORMWATER MANAGEMENT BASIN DRAINAGE CHANNEL DRAINAGE CHANNEL DRAINAGE CHANNEL TYPE D TRANSITION ZONE - SEE LANDSCAPE DRAWINGS FOR DETAILS P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NS I T E P L A N A-1 0 3 / 1 4 / 2 0 2 5PLANMAXIMUM F.A.R.N/AN/A MAXIMUM LOT COVERAGE85% (38,395,962 SF)41% (18,552,808 SF) MINIMUM LOT SIZEN/AN/A COVERAGE ACCESSIBLE PARKING SPACES 11492 PARKING SPACES5,1943,750 REQUIREDPROVIDED DATA CENTER PARKING RATIO 0.3 SPACES PER 1,000 SF PARKING *SETBACKS APPLY ONLY TO THE PERIMETER OF THE PROPERTY. IN THE EVENT THAT THE PROPERTY IS RESUBDIVIDED, THERE SHALL BE NO SETBACKS APPLICABLE TO INTERNAL LOT LINES. REAR0 FT0 FT SIDEMIN. 10% OF LOT DEPTH, MAX. 20FT20 FT FRONT25 FT25 FT SETBACKS BUILDING HEIGHT55 FT55 FT REQUIREDPROVIDED TOTAL SITE AREA45,171,720 SF (1,037 ACRES) TARGET ZONE CLASSM-2 GENERAL MANUFACTURING SITE DATA TOTAL 8,656,501 SF 17,313,002 SF N/AN/A BUILDING 14 680,591 SF 1,361,182 SF 55 FT78 FT BUILDING 13 680,591 SF 1,361,182 SF 55 FT78 FT BUILDING 12 390,000 SF 780,000 SF55 FT78 FT BUILDING 11 680,591 SF 1,361,182 SF 55 FT78 FT BUILDING 10 680,591 SF 1,361,182 SF 55 FT78 FT BUILDING 9 680,591 SF 1,361,182 SF 55 FT78 FT BUILDING 8 680,591 SF 1,361,182 SF 55 FT78 FT BUILDING 7 680,591 SF 1,361,182 SF 55 FT78 FT BUILDING 6 680,591 SF 1,361,182 SF 55 FT78 FT BUILDING 5 680,591 SF 1,361,182 SF 55 FT78 FT BUILDING 4 390,000 SF 780,000 SF55 FT78 FT BUILDING 3 390,000 SF 780,000 SF55 FT78 FT BUILDING 2 680,591 SF 1,361,182 SF 55 FT78 FT BUILDING 1 680,600 SF 1,361,182 SF 55 FT78 FT BUILDING NUMBER FOOTPRINT AREA TOTAL FLOOR AREA HEIGHT (TOP OF BUILDING) HEIGHT (TOP OF EQUIPMENT) BUILDING AREAS 0'150'300'600' 13737 Noel Road Suite 700 | Dallas, TX 75240 | burnsmcd.com Definition of the Study Area The proposed project site is abutted by three IDOT classified roadways and one locally classified roadway, including: • Hwy 47 – Classified as a Other Principal Arterial by IDOT • Galena Road – Classified as a Minor Arterial by IDOT • Ashe Road – Classified as a Minor Arterial by IDOT • Baseline Road – Classified as a Local Street by IDOT Figure 3 depicts the surrounding roadways as classified by IDOT. Figure 3: IDOT Roadway Classifications Traffic Data Collection Traffic data collection will be performed for the periods from 7:00 AM-9:00 AM and 4:00 PM-6:00 PM at the following locations: • Study Int #1 – Eldamain Road at Baseline Road • Study Int #2 – IL 47 at Baseline Road • Study Int #3 – IL 47 at Galena Road • Study Int #4 – Eldamain Road at Galena Road Trip Generation Data Trips generated by the proposed development were calculated based upon the intended land use and density. Generated trips were calculated per Institute of Transportation Engineers (ITE) trip generation methodologies utilizing the current ITE Trip Generation Manual, 11th Edition. For the purposes of this assessment, Land Use Code 160 – Data Center was referenced. Table 1summarizes resulting trip generation projections for the proposed development considering each building’s respective size and quantity. 13737 Noel Road Suite 700 | Dallas, TX 75240 | burnsmcd.com Table 1: ITE Trip Generation Calculations Development Units AM Hour PM Hour Type Number of Buildings KSF Daily* Total* In* Out* Total* In** Out** 144 MW 11 1880 1861 207 114 93 201 60 141 72 MW 3 940 931 103 57 46 98 29 69 Total 2792 310 171 139 299 89 210 Note: * Average Rate - Referenced Average Rate Equation based on few numbers of studies and less than 0.75 R2 - Weekday: Trips = 0.99 x (Units) - Weekday, AM Peak Hour of Adjacent Street: Trips = 0.11 x (Units) - Weekday, PM Peak Hour of Adjacent Street: Trips = 0.09 x (Units) ** Fitted Curve – Referenced Fitted Curve Equation based on an R2 greater than 0.75 - Weekday, AM Peak Hour of Adjacent Street: Trips = 0.13 x (Units) – 5.63 - Weekday, PM Peak Hour of Adjacent Street: Trips = 0.11 x (Units) – 5.65 Trip Distribution Assumptions Trip distribution for the Traffic Study will be approached through review of historical traffic volumes and collected i ntersection turning movement counts and based on the weighting of traffic demand from currently serviced volumes. Figure 4 depicts the most recent average daily traffic volume data available on IDOT’s online data portal. Figure 4: IDOT Average Annual Daily Traffic Volume [Accessed March 13th , 2025] Background Growth Rate Determination Future background traffic volume growth is anticipated to be based on correspondence with the Chicago Metropolitan Agency for Planning (CMAP). Following the Traffic Study Scoping Meeting, a request for CMAP growth rates will be prepared. No other area developments are known at this time. Potential area developments that could impact the study area will be requested during the Traffic Study Scoping Meeting. 13737 Noel Road Suite 700 | Dallas, TX 75240 | burnsmcd.com Intersection Capacity Analysis Intersection capacity analysis will be performed to Highway Capacity Manual methodologies using TrafficWare Synchro version 12. Analysis output files will be provided within the appendix of the report. A target LOS of D or better will be referenced for the purpose of considering traffic mitigation strategies. As part of the Traffic Study Scoping meeting, existing traffic signal timing sheets within the study area will be requested. In the event that traffic signal timings are not made available, the project team will reference the collected video-based traffic counts to observe typical existing traffic signal cycle-lengths and optimize software traffic signal timings to the phasing splits. Traffic Analysis Development The Traffic Study will be prepared according to the following outline: I. Introduction II. Project Conditions a. Land Uses b. Roadway System c. Traffic volumes d. Proposed Development i. Land Use Development ii. Roadway Development III. Traffic Forecasts a. Project Traffic Volumes i. Trip Generation ii. Trip Distribution and Assignment b. Background Traffic Volumes c. Future Traffic Volumes IV. Traffic Analysis a. Auxiliary Lane Analysis b. Traffic Signal Warrant Analysis (if necessary) c. Capacity Analysis i. Existing Scenario ii. Background Scenario iii. Future with Project Scenario iv. Potential Mitigation Scenario d. Queue Length Analysis e. Site Circulation f. Proposed Lane Configuration V. Conclusions Section 10 Stormwater Calculations Preliminary Drainage Memo Project Cardinal PROJECT NO. 182671 REVISION A MARCH 14, 2025 March 2025 Preliminary Drainage Memo Revision A 1 Overview The Subject Property is approximately 1,037 acres located in Yorkville, Kendall County, Illinois. The site boundaries are Baseline Road to the north, Galena Road to the south, Ashe Road to the west, and State Route 47 to the east. The proposed development is currently planned to include fourteen (14) data centers, two (2) owner substations, and one (1) ComEd switchyard. The result of these improvements is anticipated to add approximately 663 acres of impervious area. The existing site is primarily undeveloped and agricultural use. There are approximately six (6) acres near the northeast that are utilized for single family residential and a cell tower. The eastern portion of the site appears to drain east to Rob Roy Creek, while the northwestern portion drains west past Ashe Road and the southwestern / south central portion past Galena Road. The FEMA Flood Insurance Rate Map (FIRM) for the Subject Property shows that there are no floodplains within the site. The National Wetlands Inventory (NWI) shows a Riverine along the eastern boundary of the site (Rob Roy Creek). According to NRCS Web Soil Survey, the Subject Property is composed of several soil types. These various hydrologic soil groups determine the potential for stormwater runoff. Approximately 27.3% of the site is class C/D, 42.8% class C, and 29.9% class B/D, all of which have moderate to high runoff potential. Maps representing these findings are provided in Appendix D, E, and F. Drainage Narrative The site must follow the regulations set in the Kendall County Stormwater Management Ordinance and the stormwater specifications set in the City of Yorkville Unified Development Ordinance. These regulations require stormwater runoff to be limited to 0.15 cfs/acre in the 100-year storm event, 0.08 cfs/acre in the 25- year storm event, and 0.04 cfs/acre in the 2-year storm event. Additionally, stormwater must be discharged with less flow and in the same locations as prior to development . To meet the County and City requirements for the release rate, the site will be limited to 155.55 cfs in the 100-year event, 82.96 cfs in the 25-year event, and 41.48 cfs in the 2-year event. The proposed drainage plan will consist of multiple inter-connected open channels that tie into stormwater basins. The ComEd utility switchyard will also have a dedicated stormwater basin. The ponds will then be discharged to existing culverts along the western and southern boundaries, and to Rob Roy Creek to the east. Final building layouts and stormwater pond sizing are subject to change, but all ponds will be discharged at a rate in accordance with the County and City requirements noted above. Conclusion It is our opinion that the proposed stormwater management design is compliant with the Kendall County and City of Yorkville stormwater regulations. The proposed drainage channels and stormwater basins for the data centers, substations, and utility switchyard will provide sufficient storage and meet required discharge rates in the proposed condition. Appendix A – Project Location Map The National Map Advanced Viewer Map data © OpenStreetMap contributors, CC-BY-SA 3/13/2025, 1:35:24 PM 0 2,000 4,0001,000 ft 0 740 1,480370 m 1:36,112 USGS 2021 USGS Subject Property Appendix B – Aerial Map The National Map Advanced Viewer USDA, USGS The National Map: Orthoimagery. Data refreshed June, 2024. 3/13/2025, 1:36:21 PM 0 2,000 4,0001,000 ft 0 740 1,480370 m 1:36,112 USGS 2021 USGS Subject Property Appendix C – USGS Topographic Map The National Map Advanced Viewer Copyright:© 2013 National Geographic Society, i-cubed 3/13/2025, 1:35:00 PM 0 2,000 4,0001,000 ft 0 740 1,480370 m 1:36,112 USGS 2021 USGS Subject Property Appendix D – FEMA Flood Insurance Rate Map "# N NATIONAL FLOOD INSURANCE PROGRAM FLOOD INSURANCE RATE MAP NOTES TO USERS For information and questions about this Flood Insurance Rate Map (FIRM), available products associated with this FIRM, including historic versions, the current map date for each FIRM panel, how to order products, or the National Flood Insurance Program (NFIP) in general, please call the FEMA Map Information eXchange at 1-877-FEMA-MAP (1-877-336-2627) or visit the FEMA Flood Map Service Center website at https://msc.fema.gov. Available products may include previously issued Letters of Map Change, a Flood Insurance Study Report, and/or digital versions of this map. Many of these products can be ordered or obtained directly from the website. Communities annexing land on adjacent FIRM panels must obtain a current copy of the adjacent panel as well as the current FIRM Index. These may be ordered directly from the Flood Map Service Center at the number listed above. For community and countywide map dates, refer to the Flood Insurance Study Report for this jurisdiction. To determine if flood insurance is available in this community, contact your Insurance agent or call the National Flood Insurance Program at 1-800-638-6620. Basemap information shown on this FIRM was provided in digital format by USDA, Farm Service Agency (FSA). This information was derived from NAIP, dated April 11, 2018. SCALE Map Projection: GCS, Geodetic Reference System 1980; Vertical Datum: No elevation features on this FIRM Panel Contains: MAP NUMBER EFFECTIVE DATE COMMUNITY NUMBER PANEL PANEL 30 OF 225 0 1,000 2,000 3,000 4,000500 Feet 0 210 420 630 840105 Meters This map was exported from FEMA's National Flood Hazard Layer (NFHL) on 3/10/2025 7:13 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. For additional information, please see the Flood Hazard Mapping Updates Overview Fact Sheet at https://www.fema.gov/media-library/assets/documents/118418 This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. KENDALL COUNTY CITY OF YORKVILLE KANE COUNTY CITY OF PLANO 170341 170347 170896 170346 0030 0030 0030 0030 17093C0030G February 04, 2009 For information about the specific vertical datum for elevation features, datum conversions, or vertical monuments used to create this map, please see the Flood Insurance Study (FIS) Report for your community at https://msc.fema.gov SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR DRAFT FIRM PANEL LAYOUT OTHER FEATURES FLOOD HAZARD INFORMATION Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or Depth Zone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile Zone X Future Conditions 1% Annual Chance Flood Hazard Zone X Area with Reduced Flood Risk due to Levee See Notes Zone X Area with Flood Risk due to Levee Zone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood Hazard Zone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary 8 Effective LOMRs GENERAL STRUCTURES OTHER AREAS OTHER AREAS OF FLOOD HAZARD SPECIAL FLOOD HAZARD AREAS B 20.2 1 inch = 1,000 feet 1:12,000 88°30'W 41°44'22.65"N 88°26'14.16"W 41°40'11.3"N Subject Property Appendix E – National Wetland Inventory Map Wetlands U.S. Fish and Wildlife Service, National Standards and Support Team, wetlands_team@fws.gov Wetlands Estuarine and Marine Deepwater Estuarine and Marine Wetland Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond Lake Other Riverine March 10, 2025 0 0.7 1.40.35 mi 0 1 20.5 km 1:40,817 This page was produced by the NWI mapper National Wetlands Inventory (NWI) This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site. Subject Property Appendix F – Hydrologic Soil Groups Map Hydrologic Soil Group—Kane County, Illinois, and Kendall County, Illinois Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 3/10/2025 Page 1 of 546178004618200461860046190004619400461980046202004617800461820046186004619000461940046198004620200376100376500376900377300377700378100378500378900379300379700380100 376100 376500 376900 377300 377700 378100 378500 378900 379300 379700 380100 41° 43' 32'' N 88° 29' 23'' W41° 43' 32'' N88° 26' 23'' W41° 42' 5'' N 88° 29' 23'' W41° 42' 5'' N 88° 26' 23'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 16N WGS84 0 500 1000 2000 3000 Feet 0 250 500 1000 1500 Meters Map Scale: 1:19,100 if printed on A landscape (11" x 8.5") sheet. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Rating Polygons A A/D B B/D C C/D D Not rated or not available Soil Rating Lines A A/D B B/D C C/D D Not rated or not available Soil Rating Points A A/D B B/D C C/D D Not rated or not available Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:12,000. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Kane County, Illinois Survey Area Data: Version 18, Aug 21, 2024 Soil Survey Area: Kendall County, Illinois Survey Area Data: Version 21, Aug 21, 2024 Your area of interest (AOI) includes more than one soil survey area. These survey areas may have been mapped at different scales, with a different land use in mind, at different times, or at different levels of detail. This may result in map unit symbols, soil properties, and interpretations that do not completely agree across soil survey area boundaries. Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Aug 3, 2019—Aug 24, 2019 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Hydrologic Soil Group—Kane County, Illinois, and Kendall County, Illinois Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 3/10/2025 Page 2 of 5 Hydrologic Soil Group Map unit symbol Map unit name Rating Acres in AOI Percent of AOI 206A Thorp silt loam, 0 to 2 percent slopes C/D 0.0 0.0% 679A Blackberry silt loam, 0 to 2 percent slopes C 0.1 0.0% 679B Blackberry silt loam, 2 to 5 percent slopes C 0.0 0.0% Subtotals for Soil Survey Area 0.1 0.0% Totals for Area of Interest 1,101.1 100.0% Map unit symbol Map unit name Rating Acres in AOI Percent of AOI 59A Lisbon silt loam, 0 to 2 percent slopes C/D 194.9 17.7% 60B2 La Rose silt loam, 2 to 5 percent slopes, eroded C 24.4 2.2% 60C2 La Rose silt loam, 5 to 10 percent slopes, eroded C 35.2 3.2% 104A Virgil silt loam, 0 to 2 percent slopes B/D 15.1 1.4% 148C2 Proctor silt loam, 5 to 10 percent slopes, eroded B 3.5 0.3% 149A Brenton silt loam, 0 to 2 percent slopes B/D 126.2 11.5% 152A Drummer silty clay loam, 0 to 2 percent slopes B/D 104.6 9.5% 154A Flanagan silt loam, 0 to 2 percent slopes C/D 12.4 1.1% 191A Knight silt loam, 0 to 2 percent slopes C/D 15.5 1.4% 198A Elburn silt loam, 0 to 2 percent slopes B/D 66.7 6.1% 206A Thorp silt loam, 0 to 2 percent slopes C/D 66.8 6.1% 330A Peotone silty clay loam, 0 to 2 percent slopes C/D 10.9 1.0% 356A Elpaso silty clay loam, 0 to 2 percent slopes B/D 13.4 1.2% 512A Danabrook silt loam, 0 to 2 percent slopes C 61.4 5.6% Hydrologic Soil Group—Kane County, Illinois, and Kendall County, Illinois Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 3/10/2025 Page 3 of 5 Map unit symbol Map unit name Rating Acres in AOI Percent of AOI 512B Danabrook silt loam, 2 to 5 percent slopes C 155.7 14.1% 663A Clare silt loam, 0 to 2 percent slopes C 4.4 0.4% 663B Clare silt loam, 2 to 5 percent slopes C 90.1 8.2% 667B Kaneville silt loam, 2 to 5 percent slopes C 0.0 0.0% 668B Somonauk silt loam, 2 to 5 percent slopes C 0.6 0.1% 679A Blackberry silt loam, 0 to 2 percent slopes C 78.7 7.1% 679B Blackberry silt loam, 2 to 5 percent slopes C 20.5 1.9% Subtotals for Soil Survey Area 1,100.9 100.0% Totals for Area of Interest 1,101.1 100.0% Hydrologic Soil Group—Kane County, Illinois, and Kendall County, Illinois Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 3/10/2025 Page 4 of 5 Description Hydrologic soil groups are based on estimates of runoff potential. Soils are assigned to one of four groups according to the rate of water infiltration when the soils are not protected by vegetation, are thoroughly wet, and receive precipitation from long-duration storms. The soils in the United States are assigned to four groups (A, B, C, and D) and three dual classes (A/D, B/D, and C/D). The groups are defined as follows: Group A. Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group B. Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group C. Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group D. Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink-swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. If a soil is assigned to a dual hydrologic group (A/D, B/D, or C/D), the first letter is for drained areas and the second is for undrained areas. Only the soils that in their natural condition are in group D are assigned to dual classes. Rating Options Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified Tie-break Rule: Higher Hydrologic Soil Group—Kane County, Illinois, and Kendall County, Illinois Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 3/10/2025 Page 5 of 5 Section 11 Security Fencing Security Fencing Project Cardinal PROJECT NO. 182671 R EVISION A MARCH 14, 2025 March 2025 Security Fencing Revision A 1 Pioneer Development Proposed Security Fence Details Option A: Ameristar Perimeter Security USA Inc 1. Product Name: Ameristar Impasse II 2. Description: Ornamental high security fence system 3. Fence Height: 10’-0” overall including foundation elements 4. Finish/Color: Power coated black (all elements) Option B: Betafence USA (Guardiar) 1. Product Name: Palisade 2. Description: Ornamental high security fence system 3. Fence Height: 10’-0” overall including foundation elements 4. Finish/Color: Powder coated black (all elements) Appendix A – Ameristar Impasse II AMERISTARFENCE.COM | 800-321-8724 FENCE PRODUCTS HIGH SECURITY STEEL PALISADE FENCING 2 Learn more online at ameristarfence.com or by calling 800.321.8724 AESTHETIC APPEAL. UNPARALLELED PROTECTION. Traditional security fences of chain link or wire mesh are no longer enough to meet todays increased security demands. Ameristar’s Impasse II security fence offers the resistive strength of heavy-duty steel pales secured vertically to a framework of specially formed rails and I-beam posts. The stylish design of the Impasse II, combined with its strength and security, provides a successful first line of defense. 3IMPASSE II ® | High Security Steel Palisade Fence AESTHETIC APPEAL. UNPARALLELED PROTECTION. Primary applications for Impasse II ornamental steel fence systems include: Military Sites Government Facilities Petroleum & Chemical Facilities Power Plants & Substations Airports Data Centers Ports of Entry Water Treatment & Storage j j j j j j j j 4 Learn more online at ameristarfence.com or by calling 800.321.8724 STRONGHOLD™ TRIDENT ™ The Impasse Trident pale rises above the topmost rail and terminates with a menacing triple-pointed splayed spear tip. The intimidating look of the Trident corrugated pale is a visual deterrent to any who would dare to intrude. 3-RAIL PANELS | 6', 7', 8', 9' & 10' HEIGHTS 2-RAIL PANELS | 6', 7' & 8' HEIGHTS The blunt, slightly rounded tip of the Stronghold offers strength when necessary, while providing safety and security to the general public. The Stronghold features the same structural configurations of its high-security counterparts. 3-RAIL PANELS | 6', 7', 8', 9' & 10' HEIGHTS 2-RAIL PANELS | 6', 7' & 8' HEIGHTS j j j j HIGH SECURITY STEEL PALISADE FENCE 5IMPASSE II ® | High Security Steel Palisade Fence ANTI-SCALE OPTION Gauntlet is designed with high-tensile steel corrugated pales that rise above the topmost rail with an outward curve and terminate with a triple-pointed splayed spear tip. The outward curved pales discourage attempts to gain access by would be intruders. 3-RAIL PANELS | 7', 8', 9' & 10' HEIGHTS 2-RAIL PANELS | 7' & 8' HEIGHTS j j 8¾" GAUNTLET ™ 2.75"w x 14ga PALES | 2" x 2" x 11ga RAILS | 3" x 2.75" x 12ga & 4" x 2.75" x 11ga I-BEAM POSTS The Impasse II Anti-Scale fence system has decreased pale spacing, which helps deter the assailant from climbing, and increases the delay time when trying to cut or pry through the fence. COLOR OPTIONS BLACK SANDBRONZE WHITE Custom colors also available 6 Learn more online at ameristarfence.com or by calling 800.321.8724 Impasse II is protected by the unique PermaCoat process. Our PRE-GALVANIZED STEEL BASE MATERIAL is subjected to an 11-STAGE PROCESS to cleanse & prepare the steel for a DUAL TOP-COAT FINISH. PermaCoat’s corrosion resistant abilities far surpass those of painted surfaces and have a “no-mar” polyester powder top coat. This dual coating not only provides RESISTANCE FROM WEATHERING but also reduces scratch & burnishing marks typically encountered during shipping. EPOXY POWDER COAT Epoxy powder is electrostatically applied EPOXY GEL OVEN Powder is gelled & cured to finish coat FINISH CURING OVEN Seals finish for years of maintenance free use POLYESTER POWDER TGIC powder is electro-statically applied 4 PHOSPHATE RINSE Corrosion resistant layer that assists in bonding powder coating CLEAR WATER RINSE A bit of clean H2O to prep for the next phase ALKALINE WASH Cleans metal for proper adhesion of zinc phosphate 1 2 8 9 10 11 3 4 FIXIDINE RINSE Rinses excess alkaline prior to zinc phosphate application DOUBLECOATINGPRE-TREATMENT PERMACOAT ™ 7IMPASSE II ® | High Security Steel Palisade Fence ONCE COMPLETED, THESE 7-STAGES WILL HAVE REMOVED EVERYTHING FROM THE SURFACE OF THE STEEL THAT MIGHT INHIBIT THE FINISH FROM PROPERLY ADHERING DURING THE NEXT 4-STAGES OF THE COATING PROCESS.CORROSIONTESTING5 6 7 DRYING OVEN Eliminates all moisture prior to double coating CLEAR WATER RINSE Final wash in H2O to remove any excess debris or particles NON-CHROMATE SEAL Barrier to prevent moisture from reaching base metal 3,500 HOURS PERMACOAT PROCESS Zinc Phosphate + Epoxy Powder Coat + Polyester Powder Coat 1,500 HOURS SINGLE COAT PROCESS Zinc Phosphate + Polyester Powder Coat 200 HOURS SINGLE COAT PROCESS Iron Phosphate + Polyester Powder Coat 168 HOURS PRIMED & PAINTED STEEL 100 HOURS PAINTED STEEL Corrosion occurs more easily without the proper preparation & protection, which is why Ameristar has put our fence products to the test based on ASTM B117 standards. The results speak for themselves. 8 Learn more online at ameristarfence.com or by calling 800.321.8724 Impasse II panels and posts are manufactured using HIGH-TENSILE PRE-GALVANIZED G-90 STEEL. Each component has been ROLL-FORMED into a unique profile that yields significant strength properties. Impasse II’s distinct design enables the fence to TRAVERSE AGGRESSIVE CHANGES IN GRADE IN ORDER TO MAINTAIN SECURITY along any perimeter. Each connection point of the Impasse II system is secured with TAMPER-PROOF FASTENERS providing the HIGHEST LEVEL OF SECURITY & VERSATILITY. PERMACOAT ™ PRIVACY SCREENING OPTION A security fence should cover multiple aspects of perimeter security, which is why Ameristar created the steel privacy screening option for its Impasse high security fence system. Secured by each adjacent pale, the overlapping design achieves the maximum level of opacity for visual screening. FASTENER Security fastener prevents tampering or removal by typical tools POST CAP Cast aluminum cap adds beauty and provides closure I-BEAM POST Specifically formed I-beam; pre-punched for rail attachment with pass through integrated design features HIGH STRENGTH RAIL Specifically formed for strength through architectural shape; lower lip contoured to conceal & carry security elements such as anti-ram cabling, IDS, etc. STEEL PALES Specifically formed high strength corrugated architectural shape resists prying or bending; bolt holes are recessed to prevent bolt head from chiseling Impasse II Gauntlet shown IMPASSABLE DESIGN 9IMPASSE II ® | High Security Steel Palisade Fence PRIVACY SCREENING OPTION When installing these security elements use Impasse II as a platform: Communication & Video Cables Intrusion Detection / Fiber Optic Cables Access Control Wiring Conduits Anti-Ram Cabling (Stalwart IS) j j j j j DESIGN INTEGRATION The Impasse II framework is a raceway for wiring, conduits & security cabling required around the perimeter of a project. This integrated design eliminates the need for costly trenching & boring becoming a value added solution for perimeter security upgrades. (inside of rail shown above / view from protected side) RAKEABLE VS STAIR-STEP Biasability at a minimum of 25% that requires no additional assembly. This unique feature eliminates unsightly stair-stepping panels. Fully rakeable panels Stair-stepping panels Ameristar is committed to providing products that meet the Buy American Act Ameristar products have the opportunity to earn LEED points Certified by the US Department of Homeland Security as a method of risk management against acts of terrorism Ameristar’s Impasse II is backed by over 30 years of excellence in the fencing industry 10 Learn more online at ameristarfence.com or by calling 800.321.8724 Stalwart IS unites the strongest security fence available with the most widely used anti-ram perimeter barrier. The appearance of Stalwart IS is a great visual deterrent that delivers strength and fortitude for keeping any assailant from easily breaching the perimeter. Stalwart IS offers multiple anti-ram ratings. Each installation can be designed with the most appropriate standoff distance from the asset. ARCHITECTURAL SUPPORT SOLUTION SPECIALISTS Ameristar’s Project Solution Specialists are experienced in every facet of perimeter security design. Our goal is to assist the architectural community in finding the best perimeter & entry solutions for their projects. Ameristar’s extensive library of project photos, CAD drawings, architectural specifications & project budget quotes are just a few of the services our team offers to complete your project design. & ANTI-RAM BARRIER + SECURITY FENCE 11IMPASSE II ® | High Security Steel Palisade Fence &SLIDE GATES SWING GATES Egress & ingress requirements are unique to each application. Managing traffic flow & usage demands are of the utmost importance, which is why Impasse II is manufactured in a variety of gate types built to balance function, security & beauty. Ameristar Transport™ & Passport™ sliding gates perfectly match the perimeter fence system to create a seamless & stunning design while exuding a commanding presence of security built to unite perimeter and entry. AMERISTARFENCE.COM | 800-321-8724 FENCE PRODUCTS KNOWLEDGE & EXPERIENCE Ameristar was chartered over 30 years ago in response to the demand by consumers & specifiers for specialty fence products. Ameristar offers an aesthetically pleasing product that is both high in quality & affordability. This has been achieved by maximizing high-volume productivity, increasing product design strength, and promoting simplistic installation. PROVEN CAPABILITY Ameristar’s integrated in-house process & extensive raw material inventory results in much improved productivity and availability compared to the competition. By having a vast finished goods inventory, Ameristar is capable of delivering finished products faster than competitors who sublet the majority of their operations. INDUSTRY LEADERSHIP Over the years Ameristar has continually raised the bar across the board in the manufacturing of high quality, innovative fencing products. Our demonstrated commitment to upholding higher values translates into superior products that go far beyond merely meeting minimum industry standards. WHY CHOOSE AMERISTAR Ameristar's world headquarters, manufacturing & coil processing facilities in Tulsa, Oklahoma, USA. LEGEND ★ Ameristar Headquarters ● Sales & Service Centers #9718 | REVISED 10/2021 Appendix B – Betafence Palisade PUBLIC SPACES & BUILDINGS LOW HIGH DESIGN BENEFITS Deter and delay The Palisade system presents an architecturally-pleasing security barrier designed to deter attacks and discourage scaling. The high-strength steel construction delays intrusion attempts by enough time for security response teams to deploy effectively. Fast and flexible installation Because of its unique rail support, Palisade is fast and easy to install, even on sloping surfaces. Depending on security requirements, rail and post spacing is fully customizable. Seamless integration This barrier solution can be integrated with Intrusion Detection and other electronic security components, protecting cabling through a raceway of steel rails within the framework of the Palisade Fence System. Anti-ram barrier add on available Anti-Ram Barriers can be integrated into Palisade or installed as a stand-alone solution providing formidable resistance to vehicular attack. INFRASTRUCTURE& TRANSPORT DISSUASION FACTORIES &LOGISTICS EDUCATIONALFACILITIES • Flexible and fast installation • Integration-ready raceways • Covers a wide range of protection requirements • 15 Year warranty • Superior anti-corrosion coatings DELAY DETERRENT Palisade ARCHITECTURAL SECURITY BARRIER Product detail Security level FunctionalitiesApplications Pinnacle Round Top Defender Splayed Pinnacle Splayed PALISADE STANDARD CONFIGURATIONS Panel Height Pales Air Spacing Rails Posts 8’, 10’15 ga.3-1/4” 2” TS x 14 ga.3” TS x 12 ga 4” TS x 11 ga. Complete Range Panels Panels feature strong and secure steel pales available in two designs depending on security and architectural requirements. Available in 8’ and 10’ heights. Posts and rails Panels are installed on rails in front of the posts, allowing for a finished and seamless appearance. This configuration allows for faster installation – and means that exact post spacings are not a requirement. Gates Choose from a wide range of gate styles including pedestrian and vehicular swing gates, as well as slide and cantilever gates. Superior Coating Palisade panels and gates are manufactured with galvanized tubular steel, then protected by Betafence’s exclusive Super-Durable powder coating. This coating provides longer protection from U.V. rays and salt spray than either E-Coat or standard polyester coatings. Surveillance friendly Surveillance systems have unobstructed visibility of activity behind the fence. Warranty Palisade is backed by a 15-Year Manufacturer’s Warranty, giving you the peace of mind that the world’s leading producer of fencing stands behind this product.211223betafence.com/contact Betafence 3309 SW Interstate 45, Ennis, TX 75119 USA Tel: +1 972 878 7000 | +1 888 650 4766 Betafence is the world market leader in fencing solutions, access control and detection for perimeter protection. All Betafence companies and product names are trademarks owned by PRÆSIDIAD Group Limited. Modification in products and assortment are subject to change without prior notice. Proud to be a PRÆSIDIAD brand, Betafence is part of a global network, working alongside Guardiar and Hesco as a leader in perimeter security systems and solutions. For more information please visit praesidiad.com. Section 12 Annexation Map Section 13 Legal Description 1 PINS BY OWNER Galena & 47TH LLC, MPLIV10 LLC PIN: 02-05-300-003 CITY OF YORKVILLE PIN: 02-04-300-032 CITY OF YORKVILLE PIN: 02-04-300-024 CITY OF YORKVILLE PIN: 02-05-400-021 CITY OF YORKVILLE PIN: 02-09-100-031 CITY OF YORKVILLE PIN: 02-09-100-030 CITY OF YORKVILLE Sanjay & Sameer Gupta PIN: 02-04-100-015 CITY OF YORKVILLE PIN: 02-05-200-007 UNINCORPORATED The Konicek Family Limited Partnership PIN: 02-06-100-022 UNINCORPORATED DALE L. KONICEK, LLC PIN: 02-06-200-002 CITY OF YORKVILLE PIN: 02-05-400-022 CITY OF YORKVILLE PIN: 02-05-200-006 CITY OF YORKVILLE PIN: 02-04-100-016 CITY OF YORKVILLE PIN: 02-06-400-008 UNINCORPORATED PIN: 02-06-200-003 UNINCORPORATED PIN: 02-05-100-003 UNINCORPORATED PIN: 02-05-100-005 UNINCORPORATED PIN: 02-05-400-009 CITY OF YORKVILLE PIN: 02-04-300-018 CITY OF YORKVILLE PIN: 02-04-300-017 CITY OF YORKVILLE LEGAL DESCRIPTION OWNER: Sanjay & Sameer Gupta PARCEL 1: THAT PART OF LOT 2 OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE GOVERNMENT SURVEY OF SAID SECTION 5 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE WEST 40 CHAINS (RECORD), 2652.01 FEET (MEASURED) TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 38 1/2 LINKS (RECORD), 24.51 FEET (MEASURED) TO THE SOUTH BANK OF A DITCH; THENCE SOUTH 89 DEGREES 30 MINUTES EAST (RECORD), NORTH 88 DEGREES 05 MINUTES 41 SECONDS EAST (MEASURED), 2593.76 FEET (MEASURED) TO THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES 54 MINUTES 03 SECONDS WEST, 232.55 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE NORTHEASTERLY 68.93 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 533.00 FEET AND WHOSE CHORD BEARS NORTH 59 DEGREES 57 MINUTES 33 SECONDS EAST, 68.88 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2; THENCE SOUTH 01 DEGREES 16 MINUTES 25 SECONDS EAST ALONG SAID EAST LINE, 265.04 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 88 DEGREES 05 MINUTES 41 SECONDS WEST, 57.84 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. PARCEL 2: THAT PART OF LOT 2 OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE 2 GOVERNMENT SURVEY OF SAID SECTION 4 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION; THENCE SOUTH ON THE SECTION LINE 26.80 CHAINS; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SECTION, 14.30 CHAINS; THENCE IN A NORTHEASTERLY DIRECTION TO A POINT ON THE NORTH LINE OF SAID SECTION, 20.67 CHAINS EAST OF THE POINT OF BEGINNING; THENCE WEST ALONG THE SECTION LINE TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PART OF LOT 2 LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 01 DEGREES 16 MINUTES 25 SECONDS WEST, ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 265.04 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE NORTHEASTERLY 531.35 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 533.00 FEET AND WHOSE CHORD BEARS NORTH 27 DEGREES 41 MINUTES 44 SECONDS EAST, 509.62 FEET TO A POINT OF TANGENCY, THENCE NORTH 00 DEGREES 51 MINUTES 49 SECONDS WEST 150.53 FEET, THENCE NORTH 89 DEGREES 08 MINUTES 11 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED LINE, 110.00 FEET; THENCE NORTH 00 DEGREES 51 MINUTES 49 SECONDS WEST PERPENDICULAR TO THE LAST DESCRIBED LINE, 912.39 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2, SAID POINT BEING 364.44 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 4 (AS MEASURED ALONG SAID NORTH LINE) AND SAID POINT ALSO BEING THE POINT OF TERMINUS; IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. OWNER: Galena & 47th LLC and MPLIV10LLC PARCEL 1: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4 AND THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 01 DEGREE 19 MINUTES 09 SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, 990.0 FEET (15 CH.) TO THE NORTHEAST CORNER OF LANDS DESCRIBED IN BOOK 163 AT PAGE 473; THENCE SOUTH 01 DEGREE 19 MINUTES 09 SECONDS EAST ALONG SAID EAST LINE, 1.84 FEET TO A POINT ON THE SOUTHERLY LINE OF LANDS DESCRIBED IN BOOK 152 AT PAGE 392; THENCE SOUTH 87 DEGREES 52 MINUTES 56 SECONDS WEST ALONG SAID SOUTHERLY LINE AND THE WESTERLY EXTENSION THEREOF, 1722.34 FEET TO ITS INTERSECTION WITH THE WESTERLY LINE OF THE RIGHT-OF-WAY OF ILLINOIS ROUTE 47 AS RECORDED IN DOCUMENT 907257 FOR A POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 09 MINUTES 41 SECONDS EAST ALONG SAID WESTERLY LINE, 128.76 FEET; THENCE NORTH 89 DEGREES 50 MINUTES 19 SECONDS EAST ALONG SAID WESTERLY LINE, 10.0 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 41 SECONDS EAST ALONG SAID WESTERLY LINE, 787.46 FEET; THENCE SOUTHERLY ALONG SAID WESTERLY LINE, BEING A CIRCULAR CURVE HAVING A RADIUS OF 1596.42 FEET CONCAVE TO THE WEST, THE CHORD OF WHICH BEARS SOUTH 13 DEGREES 43 MINUTES 37 SECONDS WEST, 773.94 FEET TO ITS INTERSECTION WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, SAID POINT BEARING NORTH 87 DEGREES 56 MINUTES 55 SECONDS EAST, 719.99 FEET FROM THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE CONTINUING SOUTHERLY ALONG SAID WESTERLY LINE, BEING A CIRCULAR CURVE HAVING A RADIUS OF 1596.42 FEET CONCAVE TO THE WEST, THE CHORD OF WHICH BEARS SOUTH 31 DEGREES 17 MINUTES 50 SECONDS WEST, 205.17 FEET; THENCE SOUTH 34 DEGREES 58 MINUTES 45 SECONDS WEST ALONG SAID WESTERLY LINE, 88.42 FEET TO THE CENTER LINE OF THE CHICAGO-GALENA ROAD; THENCE NORTH 74 DEGREES 20 MINUTES 53 SECONDS WEST, 41.71 FEET TO AN EASTERLY LINE OF SAID LANDS DESCRIBED IN BOOK 152 AT PAGE 392; THENCE NORTH 29 DEGREES 07 MINUTES 39 SECONDS EAST ALONG SAID EASTERLY LINE, 267.87 FEET TO SAID SOUTH LINE OF SAID 3 SOUTHWEST QUARTER; THENCE NORTH 87 DEGREES 56 MINUTES 55 SECONDS EAST ALONG SAID SOUTH LINE, 9.74 FEET TO A POINT ON THE WESTERLY LINE OF SAID LANDS DESCRIBED IN BOOK 163 AT PAGE 473; THENCE NORTH 27 DEGREES 39 MINUTES 29 SECONDS EAST ALONG SAID WESTERLY LINE, 366.26 FEET; THENCE NORTH 00 DEGREES 54 MINUTES 29 SECONDS EAST ALONG SAID WESTERLY LINE, 756.55 FEET; THENCE DEPARTING FROM SAID WESTERLY LINE NORTH 02 DEGREES 12 MINUTES 23 SECONDS EAST, 581.48 FEET TO A POINT OF THE SOUTHERLY LINE OF SAID LANDS DESCRIBED IN BOOK 163 AT PAGE 473; THENCE NORTH 87 DEGREES 52 MINUTES 56 SECONDS EAST ALONG SAID SOUTHERLY LINE, 22.15 FEET TO THE POINT OF BEGINNING IN KENDALL COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5, THAT PART OF THE SOUTHWEST 1/4 OF SECTION 4, THAT PART OF THE NORTHEAST 1/4 OF SECTION 8 AND THAT PART OF THE NORTHWEST 1/4 OF SECTION 9, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE IRON ROD MONUMENTING THE SOUTHEAST CORNER OF SECTION 5; THENCE NORTH 01 DEGREE 15 MINUTES 55 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 1,550.82 FEET; THENCE NORTH 88 DEGREES 44 MINUTES 05 SECONDS EAST 409.15 FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE TO THE POINT OF BEGINNING; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST 221.96 FEET; THENCE NORTH 37 DEGREES 44 MINUTES 29 SECONDS EAST 115.96 FEET; THENCE SOUTH 89 DEGREES 12 MINUTES 43 SECONDS EAST 196.55 FEET TO THE CENTERLINE OF THE ROB ROY DITCH; THENCE SOUTH 02 DEGREES 13 MINUTES 10 SECONDS WEST 1,336.52 FEET ALONG SAID CENTERLINE; THENCE SOUTH 29 DEGREES 12 MINUTES 38 SECONDS WEST 600.81 FEET TO THE CENTERLINE OF GALENA ROAD AS NOW ESTABLISHED; THENCE NORTH 73 DEGREES 55 MINUTES 29 SECONDS WEST ALONG SAID CENTERLINE 677.76 FEET; THENCE NORTH 02 DEGREES 56 MINUTES 50 SECONDS WEST 348.47 FEET; THENCE NORTH 16 DEGREES 11 MINUTES 58 SECONDS EAST 599.13 FEET; THENCE NORTH 28 DEGREES 26 MINUTES 55 SECONDS EAST 750.54 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. PARCEL 3: THAT PART OF THE WEST HALF OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 5; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 642.93 FEET TO A POINT WHICH IS 162.00 FEET SOUTHERLY OF THE ORIGINAL CENTER LINE OF GALENA ROAD; THENCE WESTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 102 DEGREES 56 MINUTES 02 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 100.00 FEET TO A POINT WHICH IS 169.50 FEET, AS MEASURED PARALLEL WITH SAID EAST LINE SOUTHERLY OF SAID ORIGINAL CENTER LINE TO THE POINT OF BEGINNING; THENCE NORTHERLY PARALLEL WITH SAID EAST LINE, 14.66 FEET TO THE PRESENT CENTER LINE OF GALENA ROAD AS DEPICTED ON A PLAT RECORDED JUNE 5, 1964 AS DOCUMENT NUMBER 145193; THENCE WESTERLY ALONG SAID PRESENT CENTER LINE, 1675.69 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID PRESENT CENTER LINE BEING ALONG A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 42,975.00 FEET, 933.19 FEET; THENCE WESTERLY, ALONG SAID PRESENT CENTER LINE, 64.12 FEET TO THE WEST LINE OF SAID SOUTHWEST QUARTER; THENCE NORTHERLY ALONG SAID WEST LINE, 957.16 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTHERLY ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 5, 920.88 FEET TO A POINT WHICH IS 2,316.00 FEET SOUTHERLY OF THE NORTHWEST CORNER OF SAID NORTHWEST 4 QUARTER; THENCE EASTERLY, 2,651.03 FEET TO A POINT ON THE EAST LINE OF SAID WEST HALF WHICH IS 2,326.70 FEET SOUTHERLY OF THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID WEST HALF, 2,686.96 FEET TO SAID ORIGINAL CENTER LINE; THENCE WESTERLY ALONG SAID ORIGINAL CENTER LINE, 101.94 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. OWNER: Dale L. Konicek, LLC TRACT 1: THAT PART OF THE EAST HALF OF SECTION 5 AND THAT PART OF THE WEST HALF OF SECTION 4, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE IRON PIPE MONUMENT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE NORTH 01 DEGREE 15 MINUTES 55 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 1730.13 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 27 MINUTES 29 SECONDS WEST 362.35 FEET; THENCE NORTH 00 DEGREES 32 MINUTES 31 SECONDS EAST 2025.23 FEET TO THE SOUTHERLY LINE OF COMMONWEALTH EDISON COMPANY PROPERTY DESCRIBED IN DOCUMENT 73-2720; THENCE NORTH 87 DEGREES 56 MINUTES 31 SECONDS EAST ALONG SAID SOUTHERLY LINE 1,222.89 FEET TO THE CENTERLINE OF ROB ROY DITCH; THENCE SOUTH 03 DEGREES 43 MINUTES 10 SECONDS EAST ALONG SAID CENTERLINE 577.07 FEET; THENCE SOUTH 01 DEGREE 49 MINUTES 41 SECONDS WEST ALONG SAID CENTERLINE 298.55 FEET; THENCE NORTH 89 DEGREES 00 MINUTES 53 SECONDS EAST 15.64 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 PER DOCUMENT 907256 AND 907257; (THE NEXT 5 CALLS ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 PER DOCUMENT 907256 AND 907257) THENCE SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST 170.64 FEET; THENCE NORTH 89 DEGREES 50 MINUTES 14 SECONDS EAST 10.00 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST 1,000.00 FEET; THENCE SOUTH 89 DEGREES 50 MINUTES 14 SECONDS WEST 10.00 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST 36.62 FEET; THENCE NORTH 89 DEGREES 27 MINUTES 29 SECONDS WEST 925.95 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. TRACT 2: THAT PART OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST, LYING NORTHERLY OF A LINE EXTENDING EASTERLY FROM A POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER, 2316 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 5, TO A POINT ON THE NORTH AND SOUTH CENTERLINE OF SAID SECTION, 2326.7 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION AND LYING SOUTHERLY OF THE COMMONWEALTH EDISON COMPANY RIGHT OF WAY LINE PURSUANT TO DOCUMENT 73-2720, IN KENDALL COUNTY, ILLINOIS. ALSO; THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6, THENCE SOUTH ON THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 2460.05 FEET TO THE INTERSECTION WITH THE MOST SOUTHERLY LINE OF PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED JULY 15, 1966 AND KNOWN AS TRUST NUMBER 35339, BY A DEED DATED JANUARY 31, 1972 AND RECORDED JANUARY 31, 1972 AS DOCUMENT 72-467 TO THE POINT OF BEGINNING, THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST NUMBER 35339, WHICH FORMS AN ANGLE OF 89 DEGREES 57 MINUTES 27 SECONDS TO THE 5 LEFT WITH THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 812.66 FEET, THENCE NORTH 90 DEGREES 25 MINUTES 49 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 366.94 FEET, THENCE EASTERLY 88 DEGREES 43 MINUTES 04 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 809.73 FEET TO THE EAST LINE OF SAID SECTION 6, THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 378.96 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. ALSO; THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6, THENCE SOUTH ON THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 2474.60 FEET FOR THE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED, THENCE WESTERLY ON A LINE WHICH FORMS AN ANGLE OF 90 DEGREES 57 MINUTES 19 SECONDS TO THE RIGHT WITH THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 812.66 FEET, THENCE NORTH ALONG A LINE 89 DEGREES 31 MINUTES 03 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED LINE, A DISTANCE OF 1.61 FEET TO THE INTERSECTION WITH THE MOST SOUTHERLY LINE OF THE PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED JULY 15, 1966 AND KNOWN AS TRUST NUMBER 35339 BY DEED DATED JANUARY 31, 1972 AND RECORDED JANUARY 31, 1972 AS DOCUMENT 72-467, THENCE EASTERLY ON THE SOUTHERLY LINE OF SAID PROPERTY CONVEYED TO THE LASALLE NATIONAL BANK, A DISTANCE OF 812.66 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 6, THENCE SOUTHERLY ON SAID EAST LINE, 13.55 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. TRACT 3: LOT 2 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE GOVERNMENT SURVEY OF SAID SECTION 5 (EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2, THENCE WEST 40 CHAINS TO THE SOUTHWEST CORNER OF SAID LOT, THENCE NORTH 38 1/2 LINKS TO THE SOUTH BANK OF DITCH, THENCE SOUTH 89 DEGREES 30 MINUTES 00 SECONDS EAST 40 CHAINS TO THE POINT OF BEGINNING AND EXCEPTING THEREFROM THAT PART OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHEAST 1/4, 1961.60 FEET EAST OF THE NORTHWEST CORNER OF SAID NORTHEAST 1/4, THENCE EAST ALONG SAID NORTH LINE 667.0 FEET, THENCE SOUTH AT RIGHT ANGLES TO SAID NORTH LINE, 396.0 FEET, THENCE WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 667.0 FEET, THENCE NORTH AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 396.0 FEET TO THE POINT OF BEGINNING, AND ALSO EXCEPTING THAT PART OF LOT 2 OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE GOVERNMENT SURVEY OF SAID SECTION 5 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2, THENCE WEST 40 CHAINS (RECORD), 2652.01 FEET (MEASURED) TO THE SOUTHWEST CORNER OF SAID LOT 2, THENCE NORTH 38 1/2 LINKS (RECORD), 25.41 FEET (MEASURED) TO THE SOUTH BANK OF A DITCH, THENCE SOUTH 89 DEGREES 30 MINUTES 00 SECONDS EAST (RECORD), NORTH 88 DEGREES 05 MINUTES 41 SECONDS EAST (MEASURED), 2593.76 FEET (MEASURED) TO THE POINT OF BEGINNING, THENCE NORTH 01 DEGREES 54 MINUTES 03 SECONDS WEST, 232.55 FEET TO A POINT ON A NON-TANGENT CURVE, THENCE NORTHEASTERLY 68.93 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 533.00 FEET AND WHOSE CHORD BEARS NORTH 59 DEGREES 57 MINUTES 33 SECONDS EAST, 68.88 6 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2, THENCE SOUTH 01 DEGREES 16 MINUTES 25 SECONDS EAST ALONG SAID EAST LINE, 265.04 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2, THENCE SOUTH 88 DEGREES 05 MINUTES 41 SECONDS WEST, 57.84 FEET TO THE POINT OF BEGINNING) IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. TRACT 4: THAT PART OF LOT 2 OF THE NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE GOVERNMENT SURVEY OF SAID SECTION 4, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2, THENCE NORTH 01 DEGREES 16 MINUTES 25 SECONDS WEST, ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 265.04 FEET TO A POINT ON A NON-TANGENT CURVE, THENCE NORTHEASTERLY 531.35 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 533.00 FEET AND WHOSE CHORD BEARS NORTH 27 DEGREES 41 MINUTES 44 SECONDS EAST, 509.62 FEET TO A POINT OF TANGENCY, THENCE NORTH 00 DEGREES 51 MINUTES 49 SECONDS WEST 150.53 FEET, THENCE NORTH 89 DEGREES 08 MINUTES 11 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED LINE, 110.00 FEET, THENCE NORTH 00 DEGREES 51 MINUTES 49 SECONDS WEST PERPENDICULAR TO THE LAST DESCRIBED LINE, 912.39 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2, SAID POINT BEING 364.44 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 4 (AS MEASURED ALONG SAID NORTH LINE) AND SAID POINT ALSO BEING THE POINT OF TERMINUS, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. TRACT 5: PARCEL 1: THAT PART OF THE WEST 1/2 OF SECTION 4, PART OF SECTION 5, PART OF THE NORTHEAST 1/4 OF SECTION 8 AND PART OF THE NORTHWEST 1/4 OF SECTION 9, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF GALENA ROAD AS NOW ESTABLISHED ACROSS SAID SECTION 5 WITH THE WEST LINE OF THE EAST 1/2 OF SAID SECTION 5; THENCE NORTH 00 DEGREES 02 MINUTES 49 SECONDS WEST ALONG SAID WEST LINE, 2673.13 FEET TO A POINT 2327.34 FEET SOUTH OF THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 5; THENCE NORTH 89 DEGREES 36 MINUTES 30 SECONDS WEST 1323.10 FEET; THENCE NORTH 00 DEGREES 02 MINUTES 30 SECONDS EAST 2325.56 FEET TO THE NORTH LINE OF SAID SECTION 5; THENCE SOUTH 89 DEGREES 41 MINUTES 06 SECONDS EAST ALONG SAID NORTH LINE 1319.49 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE SOUTH 00 DEGREES 02 MINUTES 49 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHEAST 1/4 1828.36 FEET; THENCE NORTH 89 DEGREES 08 MINUTES EAST 3596.80 FEET TO THE CENTER LINE OF ROB ROY DITCH; THENCE SOUTH 00 DEGREES 22 MINUTES 03 SECONDS EAST ALONG SAID CENTER LINE 781.86 FEET; THENCE SOUTH 02 DEGREES 43 MINUTES 14 SECONDS WEST ALONG SAID CENTER LINE 300.01 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES EAST 291.15 FEET; THENCE SOUTH 00 DEGREES 56 MINUTES 40 SECONDS WEST 240.28 FEET; THENCE NORTH 89 DEGREES 14 MINUTES 01 SECONDS EAST 1428.51 FEET TO THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 4; THENCE SOUTH 00 DEGREES 02 MINUTES 57 SECONDS EAST ALONG SAID EAST LINE 991.84 FEET; THENCE SOUTH 89 DEGREES 09 MINUTES 08 SECONDS WEST 1745.17 FEET TO THE CENTER LINE OF SAID ROB ROY DITCH; THENCE SOUTH 03 DEGREES 28 MINUTES 51 SECONDS WEST ALONG SAID CENTER LINE 1373.75 FEET; THENCE SOUTH 30 DEGREES 24 MINUTES 07 SECONDS WEST ALONG SAID CENTER LINE 600.81 FEET TO THE CENTER LINE OF SAID GALENA ROAD; THENCE NORTH 72 DEGREES 44 MINUTES WEST ALONG SAID CENTER LINE, 3318.05 FEET TO THE POINT OF BEGINNING, 7 EXCEPTING THEREFROM THAT PART OF THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTH OF A LINE EXTENDING EASTERLY FROM A POINT ON SAID WEST LINE OF THE NORTHWEST 1/4 WHICH POINT IS 1876.07 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 5 TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5 WHICH POINT IS 1828.85 FEET SOUTH OF SAID NORTH QUARTER CORNER, AND EXCEPT A STRIP OF LAND 205.00 FEET WIDE IN THE NORTHEAST 1/4 OF SECTION 5 AND THE NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE SOUTH ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5, A DISTANCE OF 1828.85 FEET TO THE NORTH LINE OF PROPERTY CONVEYED TO THE LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED FEBRUARY 10, 1967, KNOWN AS TRUST NO. 35913 RECORDED AS DOCUMENT NO. 154368 IN BOOK 152, PAGE 392 AS SAID NORTH LINE IS MONUMENTED AND OCCUPIED, HEREINAFTER REFERRED TO AS LINE "B", FOR THE POINT OR BEGINNING; THENCE EAST ALONG SAID LINE "B", A DISTANCE OF 3596.80 FEET TO THE CENTER LINE OF ROB ROY DITCH; THENCE SOUTHERLY ALONG THE CENTER LINE OF ROB ROY DITCH FORMING AN ANGLE OF 90 DEGREES 29 MINUTES 57 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 205.00 FEET TO THE INTERSECTION WITH A LINE 205.00 FEET PERPENDICULARLY DISTANT SOUTH OF AND PARALLEL WITH THE AFORESAID LINE "B"; THENCE WEST ALONG THE LAST DESCRIBED PARALLEL LINE A DISTANCE OF 3598.47 FEET TO THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5; THENCE NORTH ALONG SAID NORTH AND SOUTH CENTER LINE 205.02 FEET TO THE POINT OF BEGINNING, AND ALSO EXCEPT THAT PART OF THE WEST HALF OF SAID SECTION 4 LYING EAST OF THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47, IN KENDALL COUNTY, ILLINOIS. AND ALSO EXCEPTING: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5, THAT PART OF THE SOUTHWEST 1/4 OF SECTION 4, THAT PART OF THE NORTHEAST 1/4 OF SECTION 8 AND THAT PART OF THE NORTHWEST 1/4 OF SECTION 9, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE IRON ROD MONUMENTING THE SOUTHEAST CORNER OF SECTION 5; THENCE NORTH 01 DEGREES 15 MINUTES 55 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE 1,550.82 FEET; THENCE NORTH 88 DEGREES 44 MINUTES 05 SECONDS EAST 409.15 FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE TO THE POINT OF BEGINNING; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST 221.96 FEET; THENCE NORTH 37 DEGREES 44 MINUTES 29 SECONDS EAST 115.96 FEET; THENCE SOUTH 89 DEGREES 12 MINUTES 43 SECONDS EAST 196.55 FEET TO THE CENTERLINE OF THE ROB ROY DITCH; THENCE SOUTH 02 DEGREES 13 MINUTES 10 SECONDS WEST 1336.52 FEET ALONG SAID CENTERLINE; THENCE SOUTH 29 DEGREES 12 MINUTES 38 SECONDS WEST 600.81 FEET TO THE CENTERLINE OF GALENA ROAD AS NOW ESTABLISHED; THENCE NORTH 73 DEGREES 55 MINUTES 29 SECONDS WEST ALONG SAID CENTERLINE 677.76 FEET, THENCE NORTH 02 DEGREES 56 MINUTES 50 SECONDS WEST 348.47 FEET; THENCE NORTH 16 DEGREES 11 MINUTES 58 SECONDS EAST 599.13 FEET; THENCE NORTH 28 DEGREES 25 MINUTES 55 SECONDS EAST 750.54 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS, AND ALSO EXCEPTING, THAT PART CONVEYED BY WARRANTY DEED RECORDED AUGUST 30, 2007 AS DOCUMENT 200700026496, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 5 AND THAT PART OF THE WEST HALF OF SECTION 4, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE IRON PIPE MONUMENTING THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE NORTH 01 DEGREES 15 MINUTES 55 SECONDS WEST ALONG THE EAST 8 LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 1730.13 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 27 MINUTES 29 SECONDS WEST 362.35 FEET; THENCE NORTH 00 DEGREES 32 MINUTES 31 SECONDS EAST 2026.23 FEET TO THE SOUTHERLY LINE OF COMMONWEALTH EDISON COMPANY PROPERTY DESCRIBED IN DOCUMENT 73-2720; THENCE NORTH 87 DEGREES 56 MINUTES 31 SECONDS EAST ALONG SAID SOUTHERLY LINE 1,222.89 FEET TO THE CENTERLINE OF ROB ROY DITCH; THENCE SOUTH 03 DEGREES 43 MINUTES 10 SECONDS EAST ALONG SAID CENTERLINE 577.07 FEET; THENCE SOUTH 01 DEGREES 49 MINUTES 41 SECONDS WEST ALONG SAID CENTERLINE 298.55 FEET; THENCE NORTH 89 DEGREES 00 MINUTES 53 SECONDS EAST 15.64 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 PER DOCUMENT 907256 AND 907257; (THE NEXT 5 CALLS ARE ALONG SAID WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47 PER DOCUMENT 907256 AND 907257) THENCE SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST 170.64 FEET; THENCE NORTH 89 DEGREES 50 MINUTES 14 SECONDS EAST 10.00 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 48 SECONDS EAST, 1,000.00 FEET; THENCE SOUTH 89 DEGREES 50 MINUTES 14 SECONDS WEST 10.00 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST 38.62 FEET; THENCE NORTH 89 DEGREES 27 MINUTES 29 SECONDS WEST 925.95 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE NORTHWEST 1/4 OF SECTION 5 AND NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 5; THENCE EAST ALONG THE SECTION LINE 1331.4 FEET; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 07 MINUTES 00 SECONDS MEASURED FROM WEST TO SOUTH FROM THE SECTION LINE, 2321.5 FEET; THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES 00 SECONDS, MEASURED FROM NORTH TO WEST FROM THE LAST DESCRIBED COURSE, 1328.7 FEET TO THE WEST LINE OF SECTION 5; THENCE SOUTHERLY ALONG THE SECTION LINE, FORMING AN ANGLE OF 89 DEGREES 27 MINUTES 00 SECONDS MEASURED FROM EAST TO SOUTH FROM THE LAST DESCRIBED COURSE, 146.4 FEET; THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 58 MINUTES 00 SECONDS, MEASURED FROM NORTH TO WEST FROM THE SECTION LINE, 1553 FEET; THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES 00 SECONDS, MEASURED FROM EAST TO NORTH FROM THE LAST DESCRIBED COURSE, 2461.1 FEET TO THE NORTH LINE OF SECTION 6; THENCE EASTERLY ALONG SAID NORTH LINE 1534 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH AND WEST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT 1876.07 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 6, SAID POINT BEING ON THE NORTH LINE OF THE LAND CONVEYED TO COMMONWEALTH EDISON COMPANY BY DOCUMENT NO. R73-2841 (TRACT 1); THENCE WEST ALONG SAID NORTH LINE 1133.17 TO A POINT OF INTERSECTION WITH A LINE 415.0 FEET PERPENDICULARLY DISTANT EAST OF AND PARALLEL WITH THE EAST LINE OF THE LAND CONVEYED TO EARL P. AND EMMA V. KONICEK BY DEED RECORDED AS DOCUMENT NO. 136414 IN BOOK 126, PAGE 41; THENCE NORTH ON SAID PARALLEL LINE, ALSO BEING THE EAST LINE OF THE LAND CONVEYED TO SAID COMMONWEALTH EDISON COMPANY BY DOCUMENT NO. R73-2841, 1897.19 FEET TO THE NORTH LINE OF SAID SECTION 6 AND THE POINT OF TERMINATION; AND ALSO EXCEPT THAT PART OF THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTHERLY OF A LINE EXTENDED EASTERLY FROM A POINT ON THE WEST LINE OF SAID NORTHWEST 1/4 OF 9 SECTION 5 WHICH POINT IS 1876.07 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 5 TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SECTION 5, WHICH POINT IS 1828.85 FEET SOUTH OF THE NORTH QUARTER CORNER OF SAID SECTION 5, ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. TRACT 6: PART OF THE EAST 1/2 OF SECTION 6; TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID SECTION 6, A DISTANCE OF 3407.85 FEET TO THE SOUTH LINE OF PROPERTY CONVEYED TO SUSAN SCHMIDT BY WARRANTY DEED RECORDED DECEMBER 18, 1929 IN BOOK 80, PAGES 334 AND 335; THENCE WEST ALONG THE SOUTH LINE OF PROPERTY CONVEYED TO SUSAN SCHMIDT A DISTANCE OF 1552.74 FEET TO THE EAST LINE OF PROPERTY CONVEYED TO EARL P KONICEK AND WIFE BY WARRANTY DEED DATED DECEMBER 4, 1961 RECORDED AS DOCUMENT 136414, THENCE SOUTH ALONG THE EAST LINE OF PROPERTY CONVEYED TO EARL P. KONICEK AND WIFE 1240.82 FEET TO THE CENTER LINE OF GALENA ROAD, FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG THE PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE 919.13 FEET TO AN ANGLE POINT WHICH IS 1312.43 FEET PERPENDICULARLY DISTANCE NORTH OF SAID SOUTH LINE OF SAID SECTION 6; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 26 DEGREES 45 MINUTES 35 SECOND TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE OF 332.08 FEET TO THE NORTH LINE OF PARCEL TWO OF PROPERTY CONVEYED TO CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST NUMBER 45553 BY CONSERVATORS DEED RECORDED SEPTEMBER 17, 1973 AS DOCUMENT 73-4671; THENCE WESTERLY ALONG SAID NORTHERLY LINE FORMING AN ANGLE OF 62 DEGREES 01 MINUTES 01 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE 646.8 FEET TO THE CENTER LINE OF BEECHER ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER LINE 1362.40 FEET TO THE CENTER LINE OF GALENA ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE 460.52 FEET TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, ALSO, THAT PART OF THE EAST 1/2 OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF GALENA ROAD WITH THE EAST LINE OF SAID SECTION; THENCE NORTH 70 DEGREES 55 MINUTES WEST ALONG SAID CENTER LINE 276 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID SECTION 8, 200 FEET; THENCE SOUTH 70 DEGREES 55 MINUTES EAST 270 FEET TO THE EAST LINE OF SAID SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 1456.6 FEET TO THE SOUTHEAST CORNER OF SAID SECTION; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 470.51 FEET TO THE EASTERLY LINE OF PARCEL TWO OF THE PROPERTY CONVEYED TO CHICAGO TITLE AND TRUST COMPANY TRUSTEE UNDER TRUST NUMBER 45553 BY CONSERVATORS DEED RECORDED SEPTEMBER 17, 1973 AS DOCUMENT R73-4671; THENCE NORTHERLY ALONG SAID EASTERLY LINE 1006.52 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL; THENCE WESTERLY ALONG THE NORTH LINE OF SAID PARCEL TWO 388.83 FEET TO THE INTERSECTION OF SAID NORTH LINE WITH THE EASTERLY LINE OF THE PROPERTY DESCRIBED IN PARCEL ONE OF SAID DOCUMENT 73-4671; THENCE NORTHEASTERLY ALONG SAID EASTERLY LINE OF PARCEL ONE A DISTANCE OF 115.02 FEET TO AN ANGLE POINT ON SAID EASTERLY LINE OF PARCEL ONE WHICH IS 1112.06 FEET PERPENDICULARLY DISTANCE NORTH OF THE SOUTH LINE OF SAID SECTION; THENCE NORTH ALONG A LINE FORMING AN ANGLE 26 DEGREES 45 MINUTES 38 SECOND TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE 10 OF 2329.35 FEET TO THE SOUTH LINE OF PROPERTY CONVEYED TO DIANE R. KAPCHINSKI BY TRUSTEES DEED RECORDED JUNE 14, 1973 AS DOCUMENT 73-28243; THENCE EAST ALONG THE SOUTH LINE OF PROPERTY CONVEYED TO DIANE R. KAPCHINSKI 812.68 FEET TO THE EAST LIEN OF SAID SECTION 6; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 6, 1319.90 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, EXCEPT THE LEGAL DESCRIPTION INCLUDED IN THE WARRANTY DEED RECORDED AUGUST 24, 2020 AS DOCUMENT 202000016040. OWNER: The Konicek Family Limited Partnership A PART OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6, THENCE EAST 19.508 CHAINS (1,287.528 FEET) TO AN IRON STAKE FOR PLACE OF BEGINNING, THENCE EAST ON THE NORTH LINE OF SAID SECTION 6, 44.599 CHAINS (2,943.534 FEET), THENCE SOUTH 16 MINUTES WEST 56.242 CHAINS (3,711.972 FEET) TO THE CENTER OF THE HIGHWAY, THENCE NORTH 73 DEGREES 58 MINUTES WEST 3.473 CHAINS (229.218 FEET) ALONG THE CENTER OF THE HIGHWAY, THENCE NORTH 79 DEGREES 37 MINUTES WEST 52.777 CHAINS (3,483.282 FEET) ALONG THE CENTER OF THE HIGHWAY, THENCE NORTH 79 DEGREES 16 MINUTES WEST 8.03 CHAINS (529.98 FEET) ALONG THE CENTER OF THE HIGHWAY TO AN IRON STAKE, THENCE NORTH 18 DEGREES 05 MINUTES EAST 10.258 CHAINS (677.028 FEET) TO AN IRON STAKE, THENCE NORTH 72 DEGREES 01 MINUTE WEST 6.632 CHAINS (437.712 FEET) TO AN IRON STAKE, THENCE NORTH 27 DEGREES 51 MINUTES EAST 11.60 CHAINS (765.6 FEET) TO AN IRON STAKE, THENCE NORTH 89 DEGREES 25 MINUTES EAST 11.535 CHAINS (761.31 FEET) TO THE CENTER OF THE HIGHWAY, THENCE NORTH 12 DEGREES 40 MINUTES EAST TO THE PLACE OF THE BEGINNING, SITUATED IN KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM RIGHT OF WAY DEDICATED FOR ASHE ROAD AND GALENA ROAD AND ALSO; EXCEPTING, THAT PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 6, A DISTANCE OF 19.508 CHAINS (1287.53 FEET); THENCE SOUTH 12 DEGREES 40 MINUTES WEST, 22.655 CHAINS (1495.23 FEET); THENCE SOUTH 89 DEGREES 25 MINUTES WEST, 11.535 CHAINS (761.31 FEET); THENCE SOUTH 27 DEGREES 50 MINUTES 42 SECONDS WEST, 765.57 FEET; THENCE SOUTH 72 DEGREES 01 MINUTES EAST, 437.71 FEET; THENCE SOUTH 18 DEGREES 05 MINUTES WEST, 637.63 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF GALENA ROAD; THENCE SOUTH 77 DEGREES 03 MINUTES 31 SECONDS EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE OF GALENA ROAD, 187.93 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 77 DEGREES 03 MINUTES 31 SECONDS EAST ALONG SAID RIGHT OF WAY LINE 136.30 FEET TO A POINT OF CURVE; THENCE CONTINUING EASTERLY ALONG SAID RIGHT OF WAY, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 14,285.00 FEET AND CHORD BEARING SOUTH 78 DEGREES 06 MINUTES 11 SECONDS EAST, 189.98 FEET TO A POINT OF BEND IN SAID RIGHT OF WAY; THENCE NORTH 14 DEGREES 08 MINUTES 51 SECONDS EAST ALONG SAID RIGHT OF WAY, 20.02 FEET TO A POINT OF BEND; THENCE EASTERLY ALONG SAID RIGHT OF WAY, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 14,265.00 FEET AND CHORD BEARING SOUTH 79 DEGREES 23 MINUTES 57 SECONDS EAST, A DISTANCE OF 453.85 FEET TO A POINT OF TANGENT; THENCE SOUTH 80 DEGREES 18 MINUTES 38 SECONDS EAST ALONG SAID RIGHT OF WAY, 29.82 FEET; THENCE NORTH 10 DEGREES 46 MINUTES 28 SECONDS EAST, 528.48 FEET; THENCE NORTH 79 DEGREES 13 MINUTES 32 SECONDS WEST, 810.97 FEET; THENCE 11 SOUTH 10 DEGREES 46 MINUTES 28 SECONDS WEST, 541.53 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, ALSO EXCEPTING, THAT PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 6, A DISTANCE OF 19.508 CHAINS (1287.53 FEET) TO THE NORTHEAST CORNER OF EQUESTRIAN ESTATES AT LEGACY FARMS; THENCE SOUTH 12 DEGREES 40 MINUTES WEST ALONG THE EASTERLY LINE OF SAID SUBDIVISION AND SAID EAST LINE EXTENDED SOUTHERLY, 22.655 CHAINS (1495.23 FEET); THENCE NORTH 89 DEGREES 25 MINUTES EAST, 29.67 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF ASHE ROAD AS RELOCATED FOR THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 25 MINUTES 00 SECONDS WEST ALONG THE LAST DESCRIBED COURSE, A DISTANCE OF 618.59 FEET; THENCE SOUTH 00 DEGREES 35 MINUTES EAST, AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, A DISTANCE OF 355.09 FEET; THENCE NORTH 89 DEGREES 25 MINUTES EAST, A DISTANCE OF 683.60 TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF ASHE ROAD; THENCE NORTHERLY ALONG SAID RIGHT OF WAY LINE, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1482.39 FEET, WHOSE CHORD BEARS NORTH 10 DEGREES 57 MINUTES 30 SECONDS WEST, 360.99 FEET TO THE POINT OF BEGINNING IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. Section 14 Consents of Owners Galena & 47th, LLC 1 MPLIV10, LLC March ___, 2025 Ms. Krysti J. Barksdale-Noble, AICP Community Development Director United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Re: Authorization to file Applications for Annexation, Rezoning and a Planned Unit Development with United City of Yorkville, Kendall County, Illinois Dear Ms. Barksdale-Noble: The undersigned (the “Owner”) holds title to that certain property located in Kendall County and legally described on Exhibit A attached hereto (the “Property”). Pioneer Development, LLC (the “Contract Purchaser”) has executed a purchase and sale agreement for the Property. The Contract Purchaser intends to file applications with the United City of Yorkville (“City”) for (a) annexation of all or part of the Property; (b) a rezoning of the Property; (c) a planned unit development; and (d) such other relief and approvals as may be necessary in furtherance of the Contract Purchaser’s intended development of the Property. In connection with the Contract Purchaser’s applications, the Owner hereby consents to the Contract Purchaser, and any affiliated or authorized entity or entities (including, without limitation, legal counsel), to: (xx) file such applications; (yy) pursue approval of said applications; and (zz) take any and all related actions which may be necessary or appropriate in connection with processing such applications. Owner provides this consent on the condition that any change to the Property approved by the City as a result of an application filed by Contract Purchaser will not be effective until the closing on the purchase of the Property by Contract Purchaser. Thank you for your consideration. If you have any questions regarding the foregoing consent, please contact the undersigned. [SIGNATURE PAGE FOLLOWS] 11 Galena & 47th, LLC 3 MPLIV10, LLC EXHIBIT A PROPERTY LEGAL DESCRIPTION ADDRESS: 170 acres Yorkville, IL PINs: 02-05-300-003 02-04-300-032 02-05-400-021 02-04-300-024 02-09-100-031 02-09-100-030 PARCEL 1: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4 AND THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 01 DEGR EE 19 MINUTES 09 SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, 990.0 FEET (15 CH.) TO THE NORTHEAST CORNER OF LANDS DESCRIBED IN BOOK 163 AT PAGE 473; THENCE SOUTH 01 DEGREE 19 MINUTES 09 SECONDS EAST ALONG SAID EAST LINE, 1.84 FEET TO A POIN T ON THE SOUTHERLY LINE OF LANDS DESCRIBED IN BOOK 152 AT PAGE 392; THENCE SOUTH 87 DEGREES 52 MINUTES 56 SECONDS WEST ALONG SAID SOUTHERLY LINE AND THE WESTERLY EXTENSION THEREOF, 1722.34 FEET TO ITS INTERSECTION WITH THE WESTERLY LINE OF THE RIGHT-OF-WAY OF ILLINOIS ROUTE 47 AS RECORDED IN DOCUMENT 907257 FOR A POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 09 MINUTES 41 SECONDS EAST ALONG SAID WESTERLY LINE, 128.76 FEET; THENCE NORTH 89 DEGREES 50 MINUTES 19 SECONDS EAST ALONG SAID WESTERLY LINE, 10.0 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 41 SECONDS EAST ALONG SAID WESTERLY LINE, 787.46 FEET; THENCE SOUTHERLY ALONG SAID WESTERLY LINE, BEING A CIRCULAR CURVE HAVING A RADIUS OF 1596.42 FEET CONCAVE TO THE WEST, THE CHORD OF WHICH BEARS SOUTH 13 DEGREES 43 M INUTES 37 SECONDS WEST, 773.94 FEET TO ITS INTERSECTION WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, SAID POINT BEARING NORTH 87 DEGREES 56 MINUTES 55 SECONDS EAST, 719.99 FEET FROM THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE CONTINUING SOUTHE RLY ALONG SAID WESTERLY LINE, BEING A CIRCULAR CURVE HAVING A RADIUS OF 1596.42 FEET CONCAVE TO THE WEST, THE CHORD OF WHICH BEARS SOUTH 31 DEGREES 17 MINUTES 50 SECONDS WEST, 205.17 FEET; THENCE SOUTH 34 DEGREES 58 MINUTES 45 SECONDS WEST ALONG SAID WESTERLY LINE, 88.42 FEET TO THE CENTER LINE OF THE CHICAGO-GALENA ROAD; THENCE NORTH 74 DEGREES 20 MINUTES 53 SECONDS WEST, 41.71 FEET TO AN EASTERLY LINE OF SAID LANDS DESCRIBED IN BOOK 152 AT PAGE 392; THENCE NORTH 29 DEGREES 07 MINUTES 39 SECONDS EAST ALONG SAID EASTERLY LINE, 267.87 FEET TO SAID SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 87 DEGREES 56 MINUTES 55 SECONDS EAST ALONG SAID SOUTH LINE, 9.74 FEET TO A POINT ON THE WESTERLY LINE OF SAID LANDS DESCRIBED IN BOOK 163 AT PAGE 473; THENCE Galena & 47th, LLC 4 MPLIV10, LLC NORTH 27 DEGREES 39 MINUTES 29 SECONDS EAST ALONG SAID WESTERLY LINE, 366.26 FEET; THENCE NORTH 00 DEGREES 54 MINUTES 29 SECONDS EAST ALONG SAID WESTERLY LINE, 756.55 FEET; THENCE DEPARTING FROM SAID WESTERLY LINE NORTH 02 DEGREES 12 MINUTES 23 SECONDS EAST, 581.48 FEET TO A POINT OF THE SOUTHERLY LINE OF SAID LANDS DESCRIBED IN BOOK 163 AT PAGE 473; THENCE NORTH 87 DEGREES 52 MINUTES 56 SECONDS EAST ALONG SAID SOUTHERLY LINE, 22.15 FEET TO THE POINT OF BEGINNING IN KENDALL COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5, THAT PART OF THE SOUTHWEST 1/4 OF SECTION 4, THAT PART OF THE NORTHEAST 1/4 OF SECTION 8 AND THAT PART OF THE NORTHWEST 1/4 OF SECTION 9, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, D ESCRIBED AS FOLLOWS: COMMENCING AT THE IRON ROD MONUMENTING THE SOUTHEAST CORNER OF SECTION 5; THENCE NORTH 01 DEGREE 15 MINUTES 55 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 1,550.82 FEET; THENCE NORTH 88 DEGREES 44 MINUTES 05 SECONDS EAST 409.15 FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE TO THE POINT OF BEGINNING; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST 221.96 FEET; THENCE NORTH 37 DEGREES 44 MINUTES 29 SECONDS EAST 115.96 FEET; THENCE SOUTH 89 DEGREES 12 MINUTES 43 SECONDS EAST 196.55 FEET TO THE CENTERLINE OF THE ROB ROY DITCH; THENCE SOUTH 02 DEGREES 13 MINUTES 10 SECONDS WEST 1,336.52 FEET ALONG SAID CENTERLINE; THENCE SOUTH 29 DEGREES 12 MINUTES 38 SECONDS WEST 600.81 FEET TO THE CENTERLINE O F GALENA ROAD AS NOW ESTABLISHED; THENCE NORTH 73 DEGREES 55 MINUTES 29 SECONDS WEST ALONG SAID CENTERLINE 677.76 FEET; THENCE NORTH 02 DEGREES 56 MINUTES 50 SECONDS WEST 348.47 FEET; THENCE NORTH 16 DEGREES 11 MINUTES 58 SECONDS EAST 599.13 FEET; THENCE N ORTH 28 DEGREES 26 MINUTES 55 SECONDS EAST 750.54 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. PARCEL 3: THAT PART OF THE WEST HALF OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 5; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 642.93 FEET TO A POINT WHICH IS 162.00 FEET SOUTHERLY OF THE ORIGINAL CENTER LINE OF GALENA ROAD; THENCE WESTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 102 DEGREES 56 MINUTES 02 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREF ROM, 100.00 FEET TO A POINT WHICH IS 169.50 FEET, AS MEASURED PARALLEL WITH SAID EAST LINE SOUTHERLY OF SAID ORIGINAL CENTER LINE TO THE POINT OF BEGINNING; THENCE NORTHERLY PARALLEL WITH SAID EAST LINE, 14.66 FEET TO THE PRESENT CENTER LINE OF GALENA ROAD AS DEPICTED ON A PLAT RECORDED JUNE 5, 1964 AS DOCUMENT NUMBER 145193; THENCE WESTERLY ALONG SAID Galena & 47th, LLC 5 MPLIV10, LLC PRESENT CENTER LINE, 1675.69 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID PRESENT CENTER LINE BEING ALONG A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 42,975.00 FEET, 933.19 FEET; THENCE WESTERLY, ALONG SAID PRESENT CENTER LINE, 64.12 FEET TO THE WEST LINE OF SAID SOUTHWEST QUARTER; THENCE NORTHERLY ALONG SAID WEST LINE, 957.16 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTHERLY ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 5, 920.88 FEET TO A POINT WHICH IS 2,316.00 FEET SOUTHERLY OF THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE EASTERLY, 2,651.03 FEET TO A POINT ON THE EAST LINE OF SAID WEST HALF WHICH IS 2,326.70 FEET SOUTHERLY OF THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID WEST HALF, 2,686.96 FEET TO SAID ORIGINAL CENTER LINE; THENCE WESTERLY ALONG SAID ORIGINAL CENTER LINE, 101.94 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. Section 15 Contiguous Owners CERTIFIED MAILING AFFIDAVIT STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) I/We, ________________________, petitioner, being first duly sworn, do hereby state under oath that to the best of my knowledge the attached list is a true, correct and complete list of all permanent parcel numbers, and names and addresses of owners, of all lots and parts of lots located within 500 feet (exclusively of any public streets and alleys) of the property legally described on the attached application for annexation, rezoning, special use permit, planned unit development, variation, or other zoning amendment. I further state that said list was obtained from the current tax rolls of the Kendall County Treasurer’s Office. I further state that I mailed by U.S. Certified Mail, Return Receipt Requested, a copy of the Public Notice of Public Hearing before the United City of Yorkville Planning and Zoning Commission for the Public Hearing held on Wednesday, _______________, at the United City of City Council Chambers, Yorkville, Illinois. The notice was mailed to the attached list of all of the permanent parcel numbers and names and addresses of owners at the U.S. Post office on _______________________, 20_____. ________________________________ Signature of Petitioner(s) Subscribed and sworn to before me this ________ day of _______________, 20______ ______________________________________ Notary Public BRISTOL BAY TOWNHOME ASSOC ADVOCATE MANAGEMENT COMPANY 2272 95TH ST STE 313 NAPERVILLE IL 60564 LUCILLE KANDLER 4553 C GARRITANO ST YORKVILLE IL 60560 MOORE ANNA C LANDOVITZ KEITH S 275 ASHE RD PLANO IL 60545 BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL IL 60512 ROSENWINKEL FAMILY TRUST ET AL 501 JOHN ROSENWINKEL 10735 CHICAGO RD WATERMAN IL 60556 FAYE MAJOLA 4593 C GARRITANO CT YORKVILLE IL 60560 RYAN C EMILY M ANDERSON 2986 STIRLING CT MONTGOMERY IL 60538 ROSENWINKEL FAMILY TRUST ET AL 501 JOHN ROSENWINKEL 10735 CHICAGO RD WATERMAN IL 60556 BRISTOL BAY CONDO ASSOC ADVOCATE MANAGEMENT COMPANY 2272 95TH ST STE 313 NAPERVILLE IL 60564 DANIEL A CHARENE S NAGEL LIV TRUST PO BOX 1069 SUGAR GROVE IL 60554 CORDERO REAL ESTATE LLC 1079 SARD AVE MONTGOMERY IL 60538 KONICEK DALE L LLC 6321 WALKER RD YORKVILLE IL 60560 JOSE RAMOS GUILLERMINA MALDONADO 385 GRAPE VINE TRL OSWEGO IL 60543 LAWRENCE D JR DEBORAH H WICKTER REV TRUST 17M ASHE RD SUGAR GROVE IL 60554 BRADLEY MEGAN SUMMERS 4573 C GARRITANO ST YORKVILLE IL 60560 KONICEK ANGELA M DEC OF TRUST KONICEK MICHAEL A DEC OF TRUST 11843 GALENA RD PLANO IL 60545 KONICEK FAMILY LIMITED PARTNERSHIP 11843 GALENA RD PLANO IL 60545 KONICEK DALE L LLC 6321 WALKER RD YORKVILLE IL 60560 MARQUETTE COMPANIES GALENA 47 LLC 135 WATER ST 4TH FLR NAPERVILLE IL 60540 HERNANDEZ LOUIS BUCHNER AUDREY 4587 C GARRITANO ST YORKVILLE IL 60560 OKEEFE FAMILY LTD PARTNERSHIP 1624 HOBBS DR STE 1 DELAVAN WI 53115 BRYAN HOLDINGS LLC P O BOX 998 AURORA IL 60507 AVINASH B SHARON A FERNANDES 4561 GARRITANO ST UNIT C YORKVILLE IL 60560 BRISTOL BAY TOWNHOME ASSOC ADVOCATE MANAGEMENT COMPANY 2272 95TH ST STE 313 NAPERVILLE IL 60564 COMMONWEALTH EDISON THREE LINCOLN CENTRE 4TH FL OAK BROOK TERRACE IL 60181 TERI S DAVID THOMPSON 761 CYNTHIA DR SANDWICH IL 60548 KONICEK DALE L LLC 6321 WALKER RD YORKVILLE IL 60560 SPEEDWAY LLC 539 S MAIN ST FINDLAY OH 45840 MARK S MICHELLE M BOSSONG TRUST 17L ASHE RD SUGAR GROVE IL 60554 GALENA 47 LLC 135 WATER ST 4TH FLOOR NAPERVILLE IL 60540 BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL IL 60512 DALE L KONICEK LLC 6321 WALKER RD YORKVILLE IL 60560 TARA KING CANO 4593 B GARRITANO ST YORKVILLE IL 60560 SKYFALL EQUESTRIAN LLC 17 J ASHE RD SUGAR GROVE IL 60554 ASHLEY M OLSEN 4567 GARRITANO ST UNIT C YORKVILLE IL 60560 PLANO 12127 B GALENA RD LLC ABIATHAR MGMT LLC PLANO 12127 B GALENA RD LLC 1550 E BELTLINE AVE SE STE 150 GRAND RAPIDS MI 49506 LEGACY FARM ESTATES LLC 8 HATHAWAY CRESCENT AURORA IL 60506 MOORE ANNA C LANDOVITZ KEITH S 275 ASHE RD PLANO IL 60545 MOORE ANNA C LANDOVITZ KEITH S 275 ASHE RD PLANO IL 60545 DALE L KONICEK LLC 6321 WALKER RD YORKVILLE IL 60560 KONICEK DALE L LLC 6321 WALKER RD YORKVILLE IL 60560 TWO STAR ENTERPRISES LLC 695 RTE 34 AURORA IL 60503 TORO MARILEX A CEJA VICTOR E TORO 10292 GALENA RD BRISTOL IL 60512 KONICEK FAMILY LIMITED PARTNERSHIP 11843 GALENA RD PLANO IL 60545 GUPTA SANJAY GUPTA SAMEER 3N982 WALT WHITMAN RD SAINT CHARLES IL 60175 LAND AT LEGACY ESTATES LLC 17 ASHE RD LOT J SUGAR GROVE IL 60554 KONICEK DALE L LLC 6321 WALKER RD YORKVILLE IL 60560 TEQUILLA SUNRISE ENTERPRISES LLC 1107 S BRIDGE ST STE D YORKVILLE IL 60560 MARQUETTE COMPANIES MPLIV10 LLC 135 WATER ST NAPERVILLE IL 60540 CHICAGO WB INVESTORS LLC c/o SAM ZABALA 315 FLATBUSH AVE 302 BROOKLYN NY 11217 MARQUETTE COMPANIES GALENA 47 LLC 135 WATER ST 4TH FLR NAPERVILLE IL 60540 MARQUETTE COMPANIES GALENA 47 LLC 135 WATER ST 4TH FLR NAPERVILLE IL 60540 SKYFALL EQUESTRIAN LLC 17 J ASHE RD SUGAR GROVE IL 60554 EDWARD A BARBARA SCHRAMM N5119 HWY H DEERBROOK WI 54424 GALENA 47 LLC 175 SOUTH HIGHPOINT DRIVE ROMEOVILLE IL 60446 KONICEK 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DATE: The undersigned hereby states that they have acquired Public Hearing Signs from the United City of Yorkville’s Community Development Department and agrees to return said sign/s to Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, immediately following the date of the public hearing. Petitioner or Representative agrees to pay to the United City of Yorkville a deposit of $50 for each sign. The deposit will be returned to the petitioner when the public hearing sign/s have been returned to the City. Petitioner or Representative further agrees to pay to the United City of Yorkville the full amount of the purchase price for each sign not returned to the United City of Yorkville within seven (7) days after the date of the public hearing. ___________________________________________________________________________ __________________________________ SIGNATURE/AUTHORIZED AGENT DATE DATE RETURNED: _____________________________________________________ RECEIVED BY: _______________________________________________________PZC# ______________________________ APPLICATION FOR PUBLIC HEARING SIGN United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us Section 17 Fee Schedule APPLICATION FOR PLANNED UNIT DEVELOPMENT United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us INVOICE & WORKSHEET PETITION APPLICATION CONCEPT PLAN REVIEW Engineering Plan Review deposit $500.00 Total: $ AMENDMENT Annexation Plan Plat P.U.D. $500.00 $500.00 $500.00 $500.00 Total: $ ANNEXATION $250.00 + $10 per acre for each acre over 5 acres Total: $ ____________ - 5 = ____________ x $10 = ____________ + $250 = $ ____________ # of Acres Acres over 5 Amount for Extra Acres Total Amount REZONING $200.00 + $10 per acre for each acre over 5 acres Total: $ If annexing and rezoning, charge only 1 per acre fee; if rezoning to a PUD, charge PUD Development Fee - not Rezoning Fee ____________ - 5 = ____________ x $10 = ____________ + $200 = $ ____________ # of Acres Acres over 5 Amount for Extra Acres Total Amount SPECIAL USE $250.00 + $10 per acre for each acre over 5 acres Total: $ ____________ - 5 = ____________ x $10 = ____________ + $250 = $ ____________ # of Acres Acres over 5 Amount for Extra Acres Total Amount ZONING VARIANCE $85.00 + $500.00 outside consultants deposit Total: $ PRELIMINARY PLAN FEE $500.00 Total: $ PUD FEE $500.00 Total: $ FINAL PLAT FEE $500.00 Total: $ ENGINEERING PLAN REVIEW DEPOSIT Less than 1 acre Over 1 acre, less than 10 acres Over 10 acres, less than 40 acres Over 40 acres, less than 100 acres Over 100 acres $5,000.00 $10,000.00 $15,000.00 $20,000.00 $25,000.00 Total: $ OUTSIDE CONSULTANTS DEPOSIT Legal, land planner, zoning coordinator, environmental services Total: $ For Annexation, Subdivision, Rezoning, and Special Use: Less than 2 acres Over 2 acres, less than 10 acres Over 10 acres $1,000.00 $2,500.00 $5,000.00 TOTAL AMOUNT DUE: Section 18 Acknowledgement of Financial Responsibility APPLICATION FOR ANNEXATION United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fa x: 630-553-7575 Website: www.yorkville.il.us DATE: PZC NUMBER: DEVELOPMENT NAME: PETITIONER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: BUSINESS HOME EMAIL: FAX: PROPERTY INFORMATION NAME OF HOLDER OF LEGAL TITLE: IS THE PROPERTY OCCUPIED OR VACANT: IF OCCUPIED, PLEASE LIST ALL NAMES OF ELECTORS (THOSE REGISTERED TO VOTE) RESIDING ON THE PROPERTY: IF LEGAL TITLE IS HELD BY A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: PROPERTY STREET ADDRESS: DESCRIPTION OF PROPERTY’S PHYSICAL LOCATION: CURRENT ZONING CLASSIFICATION: ZONING AND LAND USE OF SURROUNDING PROPERTIES NORTH: EAST: SOUTH: WEST: KENDALL COUNTY PARCEL IDENTIFICATION NUMBER(S) March 21, 2025 Project Cardinal Matt McCarron Pioneer Development, LLC 30 N. Gould Street, #38989, Sheridan, WY 82801 The Konicek Family LP, Sanjay & Sameer Gupta, Galena & 47th LLC & MPLIV10 LLC, & Dale L. Konicek LLC Vacant Approximately 1037 acres of vacant land under contract by applicant within the boundaries of Ashe Rd to the West, Baseline Rd to the North, IL-47 to the East, and Galena Rd to the South (excluding farmsteads at 10094 and 10034 Baseline Rd). City of Yorkville: PUD (R-2, R-3, and B-3); Kendall County: A-1 Agricultural Kane County: F-1 Rural Residential District Yorkville: B-3 General Bus., R-3 Multi-Family Attached Res., R-4 General Multi-Family Res., and PUD (R-2, R-3, and B-3) Kendall County: A-1 Agricultural and M-1 Limited Manufacturing Kendall County: A-1 Agricultural and RPD-1 Ord. 06-03 w/Special Use Ord. 19-21 02-06-100-022 02-06-400-008 02-06-200-003 02-05-100-003 02-05-100-005 02-05-200-007 02-06-400-001 Sheridan, WY 82801 matt@cirrusfarms.com APPLICATION FOR ANNEXATION United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fa x: 630-553-7575 Website: www.yorkville.il.us PLEASE DESCRIBE IN DETAIL ANY ADDITIONAL REQUESTS TO BE MADE UPON ANNEXATION APPROVAL. ATTORNEY INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: ENGINEER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: LAND PLANNER/SURVEYOR INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: ATTACHMENTS Petitioner must attach a legal description of the property to this application and title it as “Exhibit A”. Petitioner must attach a Plat of Survey or Proposed Plat of Annexation of the property and title it as “Exhibit B”. Petitioner must provide a written petition signed by a majority of the owners of record of land within the territory to be annexed and also by a majority of the electors, if any, residing within the territory to be annexed. Attach as a separate petition titled as “Exhibit C”. In addition to the annexation of the unincorporated parcels to the United City of Yorkville as requested by this application, there will be corresponding applications for rezoning to M-2 General Manufacturing District and for a Special Use for Planned Unit Development for all the parcels to be acquired by applicant within the boundaries of Ashe Rd to the West, Baseline Rd to the North, 47 to the East, and Galena Rd to the South. David J. Silverman & Ann M. Zaremba Mahoney, Silverman & Cross, LLC 822 Infantry Drive, Suite 100 (815) 730-9500 azaremba@msclawfirm.com Burns & McDonnell Engineering Company, Inc. 2175 N. California Blvd, Suite 400 (650) 631-6496 Dean L. Bauer, PLS (Director of Surveying)Quigg Engineering Inc 245 W. Roosevelt Road, Suite 87 (630) 228-1231 ext. 2501 Joliet, IL 60435 dsilverman@msclawfirm.com Toby Barrons Walnut Creek, CA 94596 tbarrons@burnsmcd.com West Chicago, IL 60185 dbauer@quiggengineering.com APPLICATION FOR ANNEXATION United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fa x: 630-553-7575 Website: www.yorkville.il.us AGREEMENT I VERIFY THAT ALL THE INFORMATION IN THIS APPLICATION IS TRUE TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND AND ACCEPT ALL REQUIREMENTS AND FEES AS OUTLINED AS WELL AS ANY INCURRED ADMINISTRATIVE AND PLANNING CONSULTANT FEES WHICH MUST BE CURRENT BEFORE THIS PROJECT CAN PROCEED TO THE NEXT SCHEDULED COMMITTEE MEETING. I UNDERSTAND ALL OF THE INFORMATION PRESENTED IN THIS DOCUMENT AND UNDERSTAND THAT IF AN APPLICATION BECOMES DORMANT IT IS THROUGH MY OWN FAULT AND I MUST THEREFORE FOLLOW THE REQUIREMENTS OUTLINED ABOVE. PETITIONER SIGNATURE DATE OWNER SIGNATURE DATE OWNER HEREBY AUTHORIZES THE PETITIONER TO PURSUE THE APPROPRIATE ENTITLEMENTS ON THE PROPERTY. THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE HERE: {See Consent of Owners - Section 14} APPLICATION FOR REZONING United City of Yorkville 1SBJSJF1PJOUF%SJWF Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us DATE: PZC NUMBER: DEVELOPMENT NAME: PETITIONER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: BUSINESS HOME EMAIL: FAX: PROPERTY INFORMATION NAME OF HOLDER OF LEGAL TITLE: IF LEGAL TITLE IS HELD BY A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: PROPERTY STREET ADDRESS: DESCRIPTION OF PROPERTY’S PHYSICAL LOCATION: CURRENT ZONING CLASSIFICATION: REQUESTED ZONING CLASSIFICATION: COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION: TOTAL ACREAGE: ZONING AND LAND USE OF SURROUNDING PROPERTIES NORTH: EAST: SOUTH: WEST: KENDALL COUNTY PARCEL IDENTIFICATION NUMBER(S) March 20, 2025 Project Cardinal Matt McCarron Pioneer Development, LLC 30 N. Gould Street, #38989 Sheridan, WY 82801 (847) 738-5005 matt@cirrusfarms.com The Konicek Family LP,Sanjay&Sameer Gupta, Galena & 47th LLC, MPLIV10 LLC & Dale L. Konicek LLC Approximately 1037 acres of vacant land under contract by applicant within the boundaries of Ashe Rd to the West, Baseline Rd to the North, Route 47 to the East and Galena Rd to the South. PUD (R-2, R-3 & B-3) Kendall: A-1 M-2 1037 Kane County: F-1 Rural Residential Yorkville: B-3 General Business, R-3 Multi-Family Attached Res., R-4 Multi-Family Res., and PUD (R-2, R-3 & B-3) Kendall County: A-1 Agricultural & M-1 Limited Manufacturing Kendall County: A-1 Agricultural & RPD-1 Residential Planned Development Ord. 06-03 w/Special Use Ord. 19-21 02-06-100-022 02-06-200-002 02-06-400-008 02-06-200-003 02-05-400-022 02-05-100-003 02-05-100-005 02-05-200-006 02-04-100-016 02-04-300-018 02-05-400-009 02-04-300-017 02-05-300-003 02-04-300-032 02-05-400-021 02-09-100-030 02-09-100-031 02-04-300-024 02-04-100-015 02-05-200-007 02-06-400-001 ● APPLICATION FOR REZONING United City of Yorkville 1SBJSJF1PJOUF%SJWF Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us ATTORNEY INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: ENGINEER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: LAND PLANNER/SURVEYOR INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: ATTACHMENTS Petitioner must attach a legal description of the property to this application and title it as “Exhibit A”. Petitioner must list the names and addresses of any adjoining or contiguous landowners within five hundred (500) feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as “Exhibit B”. David J. Silverman & Ann M. Zaremba Mahoney, Silverman & Cross, LLC 822 Infantry Drive, Suite 100 Joliet, IL 60435 (815) 730-9500 dsilverman@msclawfirm.com&azaremba@msclawfirm.co Toby Barrons Burns & McDonnell Engineering Company Inc. 2715 N. California Blvd, Suite 400 Walnut Creek, CA 94596 (650) 631-6496 tbarrons@burnsmcd.com Dean L. Bauer, PLS (Director of Surveying) Quigg Engineering Inc 245 W. Roosevelt Road, Suite 87 West Chicago, IL 60185 (630) 228-1231 ext. 2501 dbauer@quiggengineering APPLICATION FOR REZONING United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us REZONING STANDARDS PLEASE STATE HOWTHE MAP AMENDEMENT IS CO.1"5*#-&WITHTHE EXISTING AND PLANNED USES AND ZONING OF NEARBY PROPERTIES: PLEASE STATE HOWTHE SUBJECT PROPERTY *446*5"#*-&FORTHE 163104&40'5)&PROPOSED ZONING DISTRICT: PLEASE STATE HOW THE PROPOSED MAP AMENDEMENT WILL NOT RESULT IN AN INDIVIDUAL PARCEL ZONED IN ONE ZONING DISTRICT THAT IS NOT SHARED BY ANY ADJACENT PARCELS: PLEASE STATE HOWTHE MAP AMENDMENT IS CONSISTENTWITHTHE COMPREHENSIVE PLAN ANDTHE PURPOSES OFTHE UNIFIED DEVELOPMENT ORDINANCE: "DDPSEJOHUPUIF$PNQSFIFOTJWF1MBOBEPQUFECZUIF$JUZJO UIF$JUZGBDFEUIFJTTVFUIBUQBTUQMBOT XFSFCBTFEPOUIFBTTVNQUJPOTPG DPOUJOVFE GBTUQBDFESFTJEFOUJBM BOEDPNNFSDJBM HSPXUI 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PROPERTY HAS BEEN VACANT AS ZONED CONSIDERED IN THE CONTEXT OF LAND DEVELOPMENT IN THE AREA IN THE VICINITY OF THE SUBJECT PROPERTY: PLEASE STATE HOWTHE PROPOSED PARCEL(S)TO BE REZONED SHALL MEETTHE MINIMUM FRONTAGE AND AREA REQUIREMENTS OFTHE REQUESTED ZONING DISTRICT ASSPECIFIED IN SECTION10-3-9(A) INTHE UNIFIED DEVELOPMENT ORDINANCE 6/-&4405)&38*4&(3"/5&%3&-&*'"441&$*'*&%*/4&$5*0/7"3*"5*0/4: 1FUJUJPOFSQSPQPTFTBEBUBDFOUFSBDDPSEJOHUPUIFBUUBDIFE$PODFQUVBM4JUF1MBO 4FDUJPO #VJMEJOH&MFWBUJPOT 4FDUJPO BOE -BOETDBQF1MBO 4FDUJPO JO BDDPSEBODFXJUIUIFSFRVJSFNFOUTPG " PGUIF6OJGJFE %FWFMPQNFOU0SEJOBODF BOEXJUI EFWJBUJPOTBTSFRVFTUFECZ1FUJUJPOFSJOUIFDPSSFTQPOEJOHBQQMJDBUJPOGPSB4QFDJBM 6TFGPS1MBOOFE6OJU%FWFMPQNFOU 4FDUJPOBOE 4FDUJPO 5IFQSPQPTFEVTFBTBEBUBDFOUFSQFSNJUUFEJOUIF.(FOFSBM.BOVGBDUVSJOH%JTUSJDUXJMMNFFUUIFJODSFBTJOHEFNBOEGPSEBUBDFOUFS TFSWJDFTJOUIFCSPBEFS$IJDBHPMBOEDPNNVOJUZ XIJMFBMTPQSPWJEJOHJOGSBTUSVDUVSFFOIBODFNFOUT JOTUBMMBUJPOTPGQVCMJDVUJMJUJFT FNQMPZNFOUPQQPSUVOJUJFT BOEJODSFBTFEUBYBOEPUIFSSFWFOVFTBTTPDJBUFEXJUIUIFEFWFMPQNFOU "QPSUJPOPGUIF4VCKFDU1SPQFSUZXBTPSJHJOBMMZBOOFYFEUPUIF$JUZJOQVSTVBOUUP0SE/PBTQBSUPGUIF8FTUIBWFO NJYFEVTFSFTJEFOUJBMBOEDPNNFSDJBMQMBOOFEVOJUEFWFMPQNFOUXIJDIXBTOFWFSDPOTUSVDUFEBOPUIFSQPSUJPOPGUIF4VCKFDU1SPQFSUZ XBTPSJHJOBMMZBOOFYFEUPUIF$JUZJOQVSTVBOUUP0SE/PBTUIF#BJMFZ.FBEPXTSFTJEFOUJBMEFWFMPQNFOUXIJDIXBT OFWFSDPOTUSVDUFEBOEUIFQPSUJPOPGUIF4VCKFDU1SPQFSUZGPSXIJDI1FUJUJPOFSIBTBQQMJFEUPCFBOOFYFEUPUIF$JUZJTDVSSFOUMZ[POFE BTBHSJDVMUVSBM6OEFSUIFDVSSFOUNJYFEVTF16%BOEBHSJDVMUVSBM[POJOH UIF4VCKFDU1SPQFSUZIBTSFNBJOFEVOEFWFMPQFEWBDBOUMBOE 5IFQSPQFSUZXJUIJOUIFHFOFSBMBSFBPGUIF4VCKFDU1SPQFSUZIBTBMTPSFNBJOFEWBDBOUGBSNMBOE XJUIUIFFYDFQUJPOPGB,FOEBMM$PVOUZ 3FTJEFOUJBM16%UPUIF8FTU B$JUZNJYFEVTF16%UPUIF&BTU BOEB,FOEBMM$PVOUZNBOVGBDUVSJOHVTF QSPQPTFEEBUBDFOUFS UPUIF 4PVUI APPLICATION FOR REZONING United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us AGREEMENT I VERIFY THAT ALL THE INFORMATION IN THIS APPLICATION IS TRUE TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND AND ACCEPT ALL REQUIREMENTS AND FEES AS OUTLINED AS WELL AS ANY INCURRED ADMINISTRATIVE AND PLANNING CONSULTANT FEES WHICH MUST BE CURRENT BEFORE THIS PROJECT CAN PROCEED TO THE NEXT SCHEDULED COMMITTEE MEETING. I UNDERSTAND ALL OF THE INFORMATION PRESENTED IN THIS DOCUMENT AND UNDERSTAND THAT IF AN APPLICATION BECOMES DORMANT IT IS THROUGH MY OWN FAULT AND I MUST THEREFORE FOLLOW THE REQUIREMENTS OUTLINED ABOVE. PETITIONER SIGNATURE DATE OWNER SIGNATURE DATE OWNER HEREBY AUTHORIZES THE PETITIONER TO PURSUE THE APPROPRIATE ENTITLEMENTS ON THE PROPERTY. THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE HERE: \4FF$POTFOUTPG0XOFST4FDUJPO ^ APPLICATION FOR PLANNED UNIT DEVELOPMENT United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us DATE: PZC NUMBER: DEVELOPMENT NAME: PETITIONER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: BUSINESS HOME EMAIL: FAX: PROPERTY INFORMATION NAME OF HOLDER OF LEGAL TITLE: IF LEGAL TITLE IS HELD BY A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: PROPERTY STREET ADDRESS: DESCRIPTION OF PROPERTY’S PHYSICAL LOCATION: CURRENT ZONING CLASSIFICATION: REQUESTED ZONING CLASSIFICATION: COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION: TOTAL ACREAGE: LIST ALL GOVERNMENTAL ENTITIES OR AGENCIES REQUIRED TO RECEIVE NOTICE UNDER ILLINOIS LAW: ZONING AND LAND USE OF SURROUNDING PROPERTIES NORTH: EAST: SOUTH: WEST: KENDALL COUNTY PARCEL IDENTIFICATION NUMBER(S) March 20, 2025 Project Cardinal Matt McCarron Pioneer Development, LLC 30 N. Gould Street, #38989 The Konicek Family LP, Sanjay & Sameet Gupta, Galena & 47th LLC, MPLIV10, LLC, & Dale L. Konicek LLC Approximately 1037 acres of vacant land under contract by Petitioner within the boundaries of Ashe Rd to the West, Baseline Rd to the North, IL-47 to the East and Galena Rd to the South. PUD (R-2, R-3 & B-3) Kendall: A-1 M-2 PUD (R-2, R-3 & B-3) Approximately 1037 acres Kane County: F-1 Rural Residential Yorkville: B-3 General Business, R-3 Multi-Family Attached Res., R-4 Multi-Familly Res., and PUD (R-2, R-3, & B-3) Kendall County: A-1 Agricultural & M-1 Limited Manufacturing Kendall County: A-1 Agricultural & RPD-1 Residential Planned Devleopment Ord. 06-03 w/ Special Use Ord. 19-21 02-06-100-022 02-06-200-002 02-06-400-008 02-06-200-003 02-05-400-022 02-05-100-003 02-05-100-005 02-05-200-006 02-04-100-016 02-04-300-018 02-05-400-009 02-04-300-017 02-05-300-003 02-04-300-032 02-05-400-021 02-09-100-030 Sheridan, WY 82801 matt@cirrusfarms.com APPLICATION FOR PLANNED UNIT DEVELOPMENT United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us ATTORNEY INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: ENGINEER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: LAND PLANNER/SURVEYOR INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: AGREEMENT I VERIFY THAT ALL THE INFORMATION IN THIS APPLICATION IS TRUE TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND AND ACCEPT ALL REQUIREMENTS AND FEES AS OUTLINED AS WELL AS ANY INCURRED ADMINISTRATIVE AND PLANNING CONSULTANT FEES WHICH MUST BE CURRENT BEFORE THIS PROJECT CAN PROCEED TO THE NEXT SCHEDULED COMMITTEE MEETING. I UNDERSTAND ALL OF THE INFORMATION PRESENTED IN THIS DOCUMENT AND UNDERSTAND THAT IF AN APPLICATION BECOMES DORMANT IT IS THROUGH MY OWN FAULT AND I MUST THEREFORE FOLLOW THE REQUIREMENTS OUTLINED ABOVE. OWNER HEREBY AUTHORIZES THE PETITIONER TO PURSUE THE APPROPRIATE ENTITLEMENTS ON THE PROPERTY. PETITIONER SIGNATURE OWNER SIGNATURE DATE DATE THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE HERE: David J. Silverman & Ann M. Zaremba Mahoney, Silverman & Cross, LLC 822 Infantry Drive, Suite 100 (815) 730-9500 azaremba@msclawfirm.com Toby Barrons Burns & McDonnell Engineering Company Inc 2715 N. California Blvd, Suite 400 (650) 631-6496 Dean L. Bauer, PLS (Director of Surveying)Quigg Engineering Inc 245 W. Roosevelt Road, Suite 87 (630) 228-1231 ext. 2501 (312) 235-6784 {See Consents of Owners - Section 14} Joliet, IL 60435 dsilverman@msclaw.com Walnut Creek, CA 94596 tbarrons@burnsmcd.com West Chicago, IL 60185 dbauer@quiggengineering.com APPLICATION FOR PLANNED UNIT DEVELOPMENT United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us PROPERTY INFORMATION IS THE PROPERTY WITHIN CITY LIMITS? DOES A FLOODPLAIN EXIST ON THE PROPERTY? ATTACHMENTS Petitioner must attach a legal description of the property to this application and title it as “Exhibit A”. Petitioner must list the names and addresses of any adjoining or contiguous landowners within five hundred (500) feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as “Exhibit B”. PUD MODIFICATION STANDARDS PETITIONER MUST INDICATE WHICH TANGIBLE BENEFIT THE PROPOSED PLANNED UNIT DEVELOPMENT WILL PROVIDE TO THE CITY, AS DEFINED IN SECTION 10-8-8D OF THE UNIFIED DEVELOPMENT ORDINANCE. AT LEAST ONE (1) MUST BE MET: LANDSCAPE CONSERVATION AND VISUAL ENHANCEMENT SUSTAINABLE DESIGN PUBLIC GATHERING SPACE PLACEMAKING UNIVERSAL DESIGN HIGH QUALITY BUILDING MATERIALS AGE-TARGETED DEVELOPMENT AFFORDABILITY PROVISION OF A PUBLIC SCHOOL PROVISION OF A REGIONAL PARK FUNDING OR CONSTRUCTION OF PUBLIC ROADWAYS REGIONAL UTILITY IMPROVEMENTS As part of the pre-application meeting with community development staff, the petitioner can determine which above PUD modification standard is consistent with the proposed plan. YES NO YES NO 1BSUPGUIF 4VCKFDU1SPQFSUZJTOPUXJUIJO$JUZMNJUT BOEJTUIFTVCKFDUPGUIFDPSSFTQPOEJOH"QQMJDBUJPO GPS"OOFYBUJPOTVCNJUUFECZ1FUJUJPOFS■ APPLICATION FOR PLANNED UNIT DEVELOPMENT United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us PUD STANDARDS PLEASE STATE HOW THE PLANNED UNIT DEVELOPMENT IS CONSISTENT WITH THE GOALS, OBJECTIVES, AND POLICIES SET FORTH IN THE COMPREHENSIVE PLAN AND OTHER ADOPTED PLANS AND POLICY DOCUMENTS OF THE CITY: PLEASE STATE HOW THE PLANNED UNIT DEVELOPMENT IS LAID OUT AND DEVELOPED AS A UNIT IN ACCORDANCE WITH AN INTEGRATED OVERALL DESIGN, IN WHICH THE VARIOUS LAND USES FUNCTION AS A COHESIVE WHOLE AND SUPPORT ONE ANOTHER. THE DESIGN SHALL PROVIDE IDENTIFIABLE CENTERS, WHICH FORM FOCUS AREAS OF ACTIVITY IN THE DEVELOPMENT, AND EDGES, WHICH DEFINE THE OUTER BORDERS OF THE DEVELOPMENT, THROUGH THE HARMONIOUS GROUPING OF BUILDINGS, USES, FACILITIES, PUBLIC GATHERING SPACES, AND OPEN SPACE: PLEASE STATE HOW THE PLANNED UNIT DEVELOPMENT IS DESIGNED, LOCATED, AND PROPOSED TO BE OPERATED AND MAINTAINED SO THAT IT WILL NOT IMPAIR AN ADEQUATE SUPPLY OF LIGHT AND AIR TO ADJACENT PROPERTY AND WILL NOT SUBSTANTIALLY INCREASE THE DANGER OF FIRE OR OTHERWISE ENDANGER THE PUBLIC HEALTH, SAFETY, AND WELFARE: Please see attached petition. Please see attached petition. Please see attached petition. APPLICATION FOR PLANNED UNIT DEVELOPMENT United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us PUD STANDARDS PLEASE STATE HOW THE PLANNED UNIT DEVELOPMENT INCLUDES USES WHICH ARE GENERALLY COMPATIBLE AND CONSISTENT WITH THE USES OF ADJACENT PARCELS. IF THE USES ARE NOT GENERALLY COMPATIBLE, ALL ADVERSE IMPACTS HAVE BEEN MITIGATED THROUGH SCREENING, LANDSCAPING, PUBLIC OPEN SPACE, AND OTHER BUFFERING FEATURES THAT PROTECT USES WITHIN THE DEVELOPMENT AND SURROUNDING PROPERTIES: PLEASE STATE HOW THE PLANNED UNIT DEVELOPMENT IS DESIGNED SO THAT ADEQUATE UTILITIES, ROAD ACCESS, STORMWATER MANAGEMENT, AND OTHER NECESSARY FACILITIES WILL BE PROVIDED TO SERVE IT. THE PLANNED UNIT DEVELOPMENT SHALL INCLUDE SUCH IMPACT FEES AS MAY BE REASONABLY DETERMINED BY THE CITY COUNCIL. THESE REQUIRED IMPACT FEES SHALL BE CALCULATED IN REASONABLE PROPORTION TO THE IMPACT OF THE PLANNED UNIT DEVELOPMENT ON PUBLIC FACILITIES AND INFRASTRUCTURE: PLEASE STATE HOW THE PLANNED UNIT DEVELOPMENT DOES NOT SUBSTANTIALLY ADVERSELY IMPACT AN ARCHAEOLOGICAL, HISTORICAL, OR CULTURAL RESOURCE, INCLUDED ON THE LOCAL, STATE, OR FEDERAL REGISTER, LOCATED ON OR OFF THE PARCEL(S) PROPOSED FOR DEVELOPMENT: Please see attached petition. Please see attached petition. Please see attached petition. APPLICATION FOR PLANNED UNIT DEVELOPMENT United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us A PLANNED UNIT DEVELOMENT, IF APPROVED, IS CONSIDERED A SPECIAL USE. IN ADDITION TO THE ABOVE PLANNED UNIT DEVELOPMENT STANDARDS, THE FOLLOWING SPECIAL USE STANDARDS OF REVIEW SHALL ALSO BE CONSIDERED: SPECIAL USE STANDARDS PLEASE STATE HOW THE ESTABLISHMENT, MAINTENANCE OR OPERATION OF THE SPECIAL USE WILL NOT BE UNREASONABLY DETRIMENTAL TO OR ENDANGER THE PUBLIC HEALTH, SAFETY, MOALS, COMFORT, OR GENERAL WELFARE: PLEASE STATE HOW THE SPECIAL USE WILL NOT BE INJURIOUS TO THE USE AND ENJOYMENT OF OTHER PROPRTY IN THE IMMEDATE VICINITY FOR THE PURPOSE "LREADY PERMITTED, N0R SUBSTANTIALLY DIMINISH AND IMPAIR PROPERTY VALUES WITHIN OR NEAR THE NEIGHBORHOOD IN WHICH IT IS TO BE LOCATED: Please see attached petition. Please see attached petition. APPLICATION FOR PLANNED UNIT DEVELOPMENT United City of Yorkville 651 Prairie Pointe Drive Yor kville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us SPECIAL USE STANDARDS PLEASE STATE HOW THE ESTABLISHMENT OF THE SPECIAL USE WILL NOT IMPEDE THE NORMAL AND ORDELY DEVELOPMENT AND IMPROVEMENT OF SURROUNDING PROPERTY FOR USES PERMITTED IN THE DISTRICT: PLEASE STATE HOW ADEQUATE UTILITIES, ACCESS ROADS, DRAINAGE, OR OTHER NECESSARY FACILITIES HAVE BEEN OR SHALL BE PROVIDED: PLEASE STATE HOW ADEQUATE MEASURES SHALL BE TAKEN TO PROVIDE INGRESS OR EGRESS SO DESIGNED AS TO MINIMIZE TRAFFIC CONGESTION IN THE PUBLIC STREETS: PLEASE STATE HOW THE PROPOSED SPECIAL USE IS NOT CONTRARY TO THE OBJECTIVES OF THE CITY’S ADOPTED COMPREHENSIVE PLAN: Please see attached petition. Please see attached petition. Please see attached petition. Please see attached petition. 1 PINS BY OWNER Galena & 47TH LLC, MPLIV10 LLC PIN: 02-05-300-003 CITY OF YORKVILLE PIN: 02-04-300-032 CITY OF YORKVILLE PIN: 02-04-300-024 CITY OF YORKVILLE PIN: 02-05-400-021 CITY OF YORKVILLE PIN: 02-09-100-031 CITY OF YORKVILLE PIN: 02-09-100-030 CITY OF YORKVILLE Sanjay & Sameer Gupta PIN: 02-04-100-015 CITY OF YORKVILLE PIN: 02-05-200-007 UNINCORPORATED The Konicek Family Limited Partnership PIN: 02-06-100-022 UNINCORPORATED DALE L. KONICEK, LLC PIN: 02-06-200-002 CITY OF YORKVILLE PIN: 02-05-400-022 CITY OF YORKVILLE PIN: 02-05-200-006 CITY OF YORKVILLE PIN: 02-04-100-016 CITY OF YORKVILLE PIN: 02-06-400-008 UNINCORPORATED PIN: 02-06-200-003 UNINCORPORATED PIN: 02-05-100-003 UNINCORPORATED PIN: 02-05-100-005 UNINCORPORATED PIN: 02-05-400-009 CITY OF YORKVILLE PIN: 02-04-300-018 CITY OF YORKVILLE PIN: 02-04-300-017 CITY OF YORKVILLE PIN: 02-06-400-001 UNINCORPORATED LEGAL DESCRIPTION OWNER: Sanjay & Sameer Gupta PARCEL 1: THAT PART OF LOT 2 OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE GOVERNMENT SURVEY OF SAID SECTION 5 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE WEST 40 CHAINS (RECORD), 2652.01 FEET (MEASURED) TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 38 1/2 LINKS (RECORD), 24.51 FEET (MEASURED) TO THE SOUTH BANK OF A DITCH; THENCE SOUTH 89 DEGREES 30 MINUTES EAST (RECORD), NORTH 88 DEGREES 05 MINUTES 41 SECONDS EAST (MEASURED), 2593.76 FEET (MEASURED) TO THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES 54 MINUTES 03 SECONDS WEST, 232.55 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE NORTHEASTERLY 68.93 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 533.00 FEET AND WHOSE CHORD BEARS NORTH 59 DEGREES 57 MINUTES 33 SECONDS EAST, 68.88 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2; THENCE SOUTH 01 DEGREES 16 MINUTES 25 SECONDS EAST ALONG SAID EAST LINE, 265.04 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 88 DEGREES 05 MINUTES 41 SECONDS WEST, 57.84 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. PARCEL 2: THAT PART OF LOT 2 OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, 2 RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE GOVERNMENT SURVEY OF SAID SECTION 4 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION; THENCE SOUTH ON THE SECTION LINE 26.80 CHAINS; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SECTION, 14.30 CHAINS; THENCE IN A NORTHEASTERLY DIRECTION TO A POINT ON THE NORTH LINE OF SAID SECTION, 20.67 CHAINS EAST OF THE POINT OF BEGINNING; THENCE WEST ALONG THE SECTION LINE TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PART OF LOT 2 LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 01 DEGREES 16 MINUTES 25 SECONDS WEST, ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 265.04 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE NORTHEASTERLY 531.35 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 533.00 FEET AND WHOSE CHORD BEARS NORTH 27 DEGREES 41 MINUTES 44 SECONDS EAST, 509.62 FEET TO A POINT OF TANGENCY, THENCE NORTH 00 DEGREES 51 MINUTES 49 SECONDS WEST 150.53 FEET, THENCE NORTH 89 DEGREES 08 MINUTES 11 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED LINE, 110.00 FEET; THENCE NORTH 00 DEGREES 51 MINUTES 49 SECONDS WEST PERPENDICULAR TO THE LAST DESCRIBED LINE, 912.39 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2, SAID POINT BEING 364.44 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 4 (AS MEASURED ALONG SAID NORTH LINE) AND SAID POINT ALSO BEING THE POINT OF TERMINUS; IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. OWNER: Galena & 47th LLC and MPLIV10LLC PARCEL 1: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4 AND THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 01 DEGREE 19 MINUTES 09 SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, 990.0 FEET (15 CH.) TO THE NORTHEAST CORNER OF LANDS DESCRIBED IN BOOK 163 AT PAGE 473; THENCE SOUTH 01 DEGREE 19 MINUTES 09 SECONDS EAST ALONG SAID EAST LINE, 1.84 FEET TO A POINT ON THE SOUTHERLY LINE OF LANDS DESCRIBED IN BOOK 152 AT PAGE 392; THENCE SOUTH 87 DEGREES 52 MINUTES 56 SECONDS WEST ALONG SAID SOUTHERLY LINE AND THE WESTERLY EXTENSION THEREOF, 1722.34 FEET TO ITS INTERSECTION WITH THE WESTERLY LINE OF THE RIGHT-OF-WAY OF ILLINOIS ROUTE 47 AS RECORDED IN DOCUMENT 907257 FOR A POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 09 MINUTES 41 SECONDS EAST ALONG SAID WESTERLY LINE, 128.76 FEET; THENCE NORTH 89 DEGREES 50 MINUTES 19 SECONDS EAST ALONG SAID WESTERLY LINE, 10.0 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 41 SECONDS EAST ALONG SAID WESTERLY LINE, 787.46 FEET; THENCE SOUTHERLY ALONG SAID WESTERLY LINE, BEING A CIRCULAR CURVE HAVING A RADIUS OF 1596.42 FEET CONCAVE TO THE WEST, THE CHORD OF WHICH BEARS SOUTH 13 DEGREES 43 MINUTES 37 SECONDS WEST, 773.94 FEET TO ITS INTERSECTION WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, SAID POINT BEARING NORTH 87 DEGREES 56 MINUTES 55 SECONDS EAST, 719.99 FEET FROM THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE CONTINUING SOUTHERLY ALONG SAID WESTERLY LINE, BEING A CIRCULAR CURVE HAVING A RADIUS OF 1596.42 FEET CONCAVE TO THE WEST, THE CHORD OF WHICH BEARS SOUTH 31 DEGREES 17 MINUTES 50 SECONDS WEST, 205.17 FEET; THENCE SOUTH 34 DEGREES 58 MINUTES 45 SECONDS WEST ALONG SAID WESTERLY LINE, 88.42 FEET TO THE CENTER LINE OF THE CHICAGO-GALENA ROAD; THENCE NORTH 74 DEGREES 20 MINUTES 53 SECONDS WEST, 41.71 FEET TO AN EASTERLY LINE OF SAID LANDS DESCRIBED IN BOOK 152 AT PAGE 392; THENCE NORTH 29 DEGREES 07 MINUTES 39 3 SECONDS EAST ALONG SAID EASTERLY LINE, 267.87 FEET TO SAID SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 87 DEGREES 56 MINUTES 55 SECONDS EAST ALONG SAID SOUTH LINE, 9.74 FEET TO A POINT ON THE WESTERLY LINE OF SAID LANDS DESCRIBED IN BOOK 163 AT PAGE 473; THENCE NORTH 27 DEGREES 39 MINUTES 29 SECONDS EAST ALONG SAID WESTERLY LINE, 366.26 FEET; THENCE NORTH 00 DEGREES 54 MINUTES 29 SECONDS EAST ALONG SAID WESTERLY LINE, 756.55 FEET; THENCE DEPARTING FROM SAID WESTERLY LINE NORTH 02 DEGREES 12 MINUTES 23 SECONDS EAST, 581.48 FEET TO A POINT OF THE SOUTHERLY LINE OF SAID LANDS DESCRIBED IN BOOK 163 AT PAGE 473; THENCE NORTH 87 DEGREES 52 MINUTES 56 SECONDS EAST ALONG SAID SOUTHERLY LINE, 22.15 FEET TO THE POINT OF BEGINNING IN KENDALL COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5, THAT PART OF THE SOUTHWEST 1/4 OF SECTION 4, THAT PART OF THE NORTHEAST 1/4 OF SECTION 8 AND THAT PART OF THE NORTHWEST 1/4 OF SECTION 9, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE IRON ROD MONUMENTING THE SOUTHEAST CORNER OF SECTION 5; THENCE NORTH 01 DEGREE 15 MINUTES 55 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 1,550.82 FEET; THENCE NORTH 88 DEGREES 44 MINUTES 05 SECONDS EAST 409.15 FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE TO THE POINT OF BEGINNING; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST 221.96 FEET; THENCE NORTH 37 DEGREES 44 MINUTES 29 SECONDS EAST 115.96 FEET; THENCE SOUTH 89 DEGREES 12 MINUTES 43 SECONDS EAST 196.55 FEET TO THE CENTERLINE OF THE ROB ROY DITCH; THENCE SOUTH 02 DEGREES 13 MINUTES 10 SECONDS WEST 1,336.52 FEET ALONG SAID CENTERLINE; THENCE SOUTH 29 DEGREES 12 MINUTES 38 SECONDS WEST 600.81 FEET TO THE CENTERLINE OF GALENA ROAD AS NOW ESTABLISHED; THENCE NORTH 73 DEGREES 55 MINUTES 29 SECONDS WEST ALONG SAID CENTERLINE 677.76 FEET; THENCE NORTH 02 DEGREES 56 MINUTES 50 SECONDS WEST 348.47 FEET; THENCE NORTH 16 DEGREES 11 MINUTES 58 SECONDS EAST 599.13 FEET; THENCE NORTH 28 DEGREES 26 MINUTES 55 SECONDS EAST 750.54 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. PARCEL 3: THAT PART OF THE WEST HALF OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 5; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 642.93 FEET TO A POINT WHICH IS 162.00 FEET SOUTHERLY OF THE ORIGINAL CENTER LINE OF GALENA ROAD; THENCE WESTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 102 DEGREES 56 MINUTES 02 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 100.00 FEET TO A POINT WHICH IS 169.50 FEET, AS MEASURED PARALLEL WITH SAID EAST LINE SOUTHERLY OF SAID ORIGINAL CENTER LINE TO THE POINT OF BEGINNING; THENCE NORTHERLY PARALLEL WITH SAID EAST LINE, 14.66 FEET TO THE PRESENT CENTER LINE OF GALENA ROAD AS DEPICTED ON A PLAT RECORDED JUNE 5, 1964 AS DOCUMENT NUMBER 145193; THENCE WESTERLY ALONG SAID PRESENT CENTER LINE, 1675.69 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID PRESENT CENTER LINE BEING ALONG A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 42,975.00 FEET, 933.19 FEET; THENCE WESTERLY, ALONG SAID PRESENT CENTER LINE, 64.12 FEET TO THE WEST LINE OF SAID SOUTHWEST QUARTER; THENCE NORTHERLY ALONG SAID WEST LINE, 957.16 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTHERLY ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 5, 920.88 FEET TO A POINT 4 WHICH IS 2,316.00 FEET SOUTHERLY OF THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE EASTERLY, 2,651.03 FEET TO A POINT ON THE EAST LINE OF SAID WEST HALF WHICH IS 2,326.70 FEET SOUTHERLY OF THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID WEST HALF, 2,686.96 FEET TO SAID ORIGINAL CENTER LINE; THENCE WESTERLY ALONG SAID ORIGINAL CENTER LINE, 101.94 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. OWNER: Dale L. Konicek, LLC TRACT 1: THAT PART OF THE EAST HALF OF SECTION 5 AND THAT PART OF THE WEST HALF OF SECTION 4, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE IRON PIPE MONUMENT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE NORTH 01 DEGREE 15 MINUTES 55 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 1730.13 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 27 MINUTES 29 SECONDS WEST 362.35 FEET; THENCE NORTH 00 DEGREES 32 MINUTES 31 SECONDS EAST 2025.23 FEET TO THE SOUTHERLY LINE OF COMMONWEALTH EDISON COMPANY PROPERTY DESCRIBED IN DOCUMENT 73-2720; THENCE NORTH 87 DEGREES 56 MINUTES 31 SECONDS EAST ALONG SAID SOUTHERLY LINE 1,222.89 FEET TO THE CENTERLINE OF ROB ROY DITCH; THENCE SOUTH 03 DEGREES 43 MINUTES 10 SECONDS EAST ALONG SAID CENTERLINE 577.07 FEET; THENCE SOUTH 01 DEGREE 49 MINUTES 41 SECONDS WEST ALONG SAID CENTERLINE 298.55 FEET; THENCE NORTH 89 DEGREES 00 MINUTES 53 SECONDS EAST 15.64 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 PER DOCUMENT 907256 AND 907257; (THE NEXT 5 CALLS ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 PER DOCUMENT 907256 AND 907257) THENCE SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST 170.64 FEET; THENCE NORTH 89 DEGREES 50 MINUTES 14 SECONDS EAST 10.00 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST 1,000.00 FEET; THENCE SOUTH 89 DEGREES 50 MINUTES 14 SECONDS WEST 10.00 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST 36.62 FEET; THENCE NORTH 89 DEGREES 27 MINUTES 29 SECONDS WEST 925.95 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. TRACT 2: THAT PART OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST, LYING NORTHERLY OF A LINE EXTENDING EASTERLY FROM A POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER, 2316 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 5, TO A POINT ON THE NORTH AND SOUTH CENTERLINE OF SAID SECTION, 2326.7 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION AND LYING SOUTHERLY OF THE COMMONWEALTH EDISON COMPANY RIGHT OF WAY LINE PURSUANT TO DOCUMENT 73-2720, IN KENDALL COUNTY, ILLINOIS. ALSO; THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6, THENCE SOUTH ON THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 2460.05 FEET TO THE INTERSECTION WITH THE MOST SOUTHERLY LINE OF PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED JULY 15, 1966 AND KNOWN AS TRUST NUMBER 35339, BY A DEED DATED JANUARY 31, 1972 AND RECORDED JANUARY 31, 1972 AS DOCUMENT 72-467 TO THE POINT OF BEGINNING, THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST 5 NUMBER 35339, WHICH FORMS AN ANGLE OF 89 DEGREES 57 MINUTES 27 SECONDS TO THE LEFT WITH THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 812.66 FEET, THENCE NORTH 90 DEGREES 25 MINUTES 49 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 366.94 FEET, THENCE EASTERLY 88 DEGREES 43 MINUTES 04 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 809.73 FEET TO THE EAST LINE OF SAID SECTION 6, THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 378.96 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. ALSO; THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6, THENCE SOUTH ON THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 2474.60 FEET FOR THE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED, THENCE WESTERLY ON A LINE WHICH FORMS AN ANGLE OF 90 DEGREES 57 MINUTES 19 SECONDS TO THE RIGHT WITH THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 812.66 FEET, THENCE NORTH ALONG A LINE 89 DEGREES 31 MINUTES 03 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED LINE, A DISTANCE OF 1.61 FEET TO THE INTERSECTION WITH THE MOST SOUTHERLY LINE OF THE PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED JULY 15, 1966 AND KNOWN AS TRUST NUMBER 35339 BY DEED DATED JANUARY 31, 1972 AND RECORDED JANUARY 31, 1972 AS DOCUMENT 72-467, THENCE EASTERLY ON THE SOUTHERLY LINE OF SAID PROPERTY CONVEYED TO THE LASALLE NATIONAL BANK, A DISTANCE OF 812.66 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 6, THENCE SOUTHERLY ON SAID EAST LINE, 13.55 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. TRACT 3: LOT 2 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE GOVERNMENT SURVEY OF SAID SECTION 5 (EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2, THENCE WEST 40 CHAINS TO THE SOUTHWEST CORNER OF SAID LOT, THENCE NORTH 38 1/2 LINKS TO THE SOUTH BANK OF DITCH, THENCE SOUTH 89 DEGREES 30 MINUTES 00 SECONDS EAST 40 CHAINS TO THE POINT OF BEGINNING AND EXCEPTING THEREFROM THAT PART OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHEAST 1/4, 1961.60 FEET EAST OF THE NORTHWEST CORNER OF SAID NORTHEAST 1/4, THENCE EAST ALONG SAID NORTH LINE 667.0 FEET, THENCE SOUTH AT RIGHT ANGLES TO SAID NORTH LINE, 396.0 FEET, THENCE WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 667.0 FEET, THENCE NORTH AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 396.0 FEET TO THE POINT OF BEGINNING, AND ALSO EXCEPTING THAT PART OF LOT 2 OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE GOVERNMENT SURVEY OF SAID SECTION 5 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2, THENCE WEST 40 CHAINS (RECORD), 2652.01 FEET (MEASURED) TO THE SOUTHWEST CORNER OF SAID LOT 2, THENCE NORTH 38 1/2 LINKS (RECORD), 25.41 FEET (MEASURED) TO THE SOUTH BANK OF A DITCH, THENCE SOUTH 89 DEGREES 30 MINUTES 00 SECONDS EAST (RECORD), NORTH 88 DEGREES 05 MINUTES 41 SECONDS EAST (MEASURED), 2593.76 FEET (MEASURED) TO THE POINT OF BEGINNING, THENCE NORTH 01 DEGREES 54 MINUTES 03 SECONDS WEST, 232.55 FEET TO A POINT ON A NON-TANGENT CURVE, THENCE NORTHEASTERLY 68.93 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 533.00 6 FEET AND WHOSE CHORD BEARS NORTH 59 DEGREES 57 MINUTES 33 SECONDS EAST, 68.88 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2, THENCE SOUTH 01 DEGREES 16 MINUTES 25 SECONDS EAST ALONG SAID EAST LINE, 265.04 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2, THENCE SOUTH 88 DEGREES 05 MINUTES 41 SECONDS WEST, 57.84 FEET TO THE POINT OF BEGINNING) IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. TRACT 4: THAT PART OF LOT 2 OF THE NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE GOVERNMENT SURVEY OF SAID SECTION 4, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2, THENCE NORTH 01 DEGREES 16 MINUTES 25 SECONDS WEST, ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 265.04 FEET TO A POINT ON A NON-TANGENT CURVE, THENCE NORTHEASTERLY 531.35 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 533.00 FEET AND WHOSE CHORD BEARS NORTH 27 DEGREES 41 MINUTES 44 SECONDS EAST, 509.62 FEET TO A POINT OF TANGENCY, THENCE NORTH 00 DEGREES 51 MINUTES 49 SECONDS WEST 150.53 FEET, THENCE NORTH 89 DEGREES 08 MINUTES 11 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED LINE, 110.00 FEET, THENCE NORTH 00 DEGREES 51 MINUTES 49 SECONDS WEST PERPENDICULAR TO THE LAST DESCRIBED LINE, 912.39 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2, SAID POINT BEING 364.44 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 4 (AS MEASURED ALONG SAID NORTH LINE) AND SAID POINT ALSO BEING THE POINT OF TERMINUS, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. TRACT 5: PARCEL 1: THAT PART OF THE WEST 1/2 OF SECTION 4, PART OF SECTION 5, PART OF THE NORTHEAST 1/4 OF SECTION 8 AND PART OF THE NORTHWEST 1/4 OF SECTION 9, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF GALENA ROAD AS NOW ESTABLISHED ACROSS SAID SECTION 5 WITH THE WEST LINE OF THE EAST 1/2 OF SAID SECTION 5; THENCE NORTH 00 DEGREES 02 MINUTES 49 SECONDS WEST ALONG SAID WEST LINE, 2673.13 FEET TO A POINT 2327.34 FEET SOUTH OF THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 5; THENCE NORTH 89 DEGREES 36 MINUTES 30 SECONDS WEST 1323.10 FEET; THENCE NORTH 00 DEGREES 02 MINUTES 30 SECONDS EAST 2325.56 FEET TO THE NORTH LINE OF SAID SECTION 5; THENCE SOUTH 89 DEGREES 41 MINUTES 06 SECONDS EAST ALONG SAID NORTH LINE 1319.49 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE SOUTH 00 DEGREES 02 MINUTES 49 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHEAST 1/4 1828.36 FEET; THENCE NORTH 89 DEGREES 08 MINUTES EAST 3596.80 FEET TO THE CENTER LINE OF ROB ROY DITCH; THENCE SOUTH 00 DEGREES 22 MINUTES 03 SECONDS EAST ALONG SAID CENTER LINE 781.86 FEET; THENCE SOUTH 02 DEGREES 43 MINUTES 14 SECONDS WEST ALONG SAID CENTER LINE 300.01 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES EAST 291.15 FEET; THENCE SOUTH 00 DEGREES 56 MINUTES 40 SECONDS WEST 240.28 FEET; THENCE NORTH 89 DEGREES 14 MINUTES 01 SECONDS EAST 1428.51 FEET TO THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 4; THENCE SOUTH 00 DEGREES 02 MINUTES 57 SECONDS EAST ALONG SAID EAST LINE 991.84 FEET; THENCE SOUTH 89 DEGREES 09 MINUTES 08 SECONDS WEST 1745.17 FEET TO THE CENTER LINE OF SAID ROB ROY DITCH; THENCE SOUTH 03 DEGREES 28 MINUTES 51 SECONDS WEST ALONG SAID CENTER LINE 1373.75 FEET; THENCE SOUTH 30 DEGREES 24 MINUTES 07 SECONDS WEST ALONG SAID CENTER LINE 600.81 FEET TO THE CENTER LINE OF SAID GALENA ROAD; THENCE NORTH 72 DEGREES 44 MINUTES WEST ALONG SAID 7 CENTER LINE, 3318.05 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART OF THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTH OF A LINE EXTENDING EASTERLY FROM A POINT ON SAID WEST LINE OF THE NORTHWEST 1/4 WHICH POINT IS 1876.07 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 5 TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5 WHICH POINT IS 1828.85 FEET SOUTH OF SAID NORTH QUARTER CORNER, AND EXCEPT A STRIP OF LAND 205.00 FEET WIDE IN THE NORTHEAST 1/4 OF SECTION 5 AND THE NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE SOUTH ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5, A DISTANCE OF 1828.85 FEET TO THE NORTH LINE OF PROPERTY CONVEYED TO THE LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED FEBRUARY 10, 1967, KNOWN AS TRUST NO. 35913 RECORDED AS DOCUMENT NO. 154368 IN BOOK 152, PAGE 392 AS SAID NORTH LINE IS MONUMENTED AND OCCUPIED, HEREINAFTER REFERRED TO AS LINE "B", FOR THE POINT OR BEGINNING; THENCE EAST ALONG SAID LINE "B", A DISTANCE OF 3596.80 FEET TO THE CENTER LINE OF ROB ROY DITCH; THENCE SOUTHERLY ALONG THE CENTER LINE OF ROB ROY DITCH FORMING AN ANGLE OF 90 DEGREES 29 MINUTES 57 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 205.00 FEET TO THE INTERSECTION WITH A LINE 205.00 FEET PERPENDICULARLY DISTANT SOUTH OF AND PARALLEL WITH THE AFORESAID LINE "B"; THENCE WEST ALONG THE LAST DESCRIBED PARALLEL LINE A DISTANCE OF 3598.47 FEET TO THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5; THENCE NORTH ALONG SAID NORTH AND SOUTH CENTER LINE 205.02 FEET TO THE POINT OF BEGINNING, AND ALSO EXCEPT THAT PART OF THE WEST HALF OF SAID SECTION 4 LYING EAST OF THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47, IN KENDALL COUNTY, ILLINOIS. AND ALSO EXCEPTING: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5, THAT PART OF THE SOUTHWEST 1/4 OF SECTION 4, THAT PART OF THE NORTHEAST 1/4 OF SECTION 8 AND THAT PART OF THE NORTHWEST 1/4 OF SECTION 9, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE IRON ROD MONUMENTING THE SOUTHEAST CORNER OF SECTION 5; THENCE NORTH 01 DEGREES 15 MINUTES 55 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE 1,550.82 FEET; THENCE NORTH 88 DEGREES 44 MINUTES 05 SECONDS EAST 409.15 FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE TO THE POINT OF BEGINNING; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST 221.96 FEET; THENCE NORTH 37 DEGREES 44 MINUTES 29 SECONDS EAST 115.96 FEET; THENCE SOUTH 89 DEGREES 12 MINUTES 43 SECONDS EAST 196.55 FEET TO THE CENTERLINE OF THE ROB ROY DITCH; THENCE SOUTH 02 DEGREES 13 MINUTES 10 SECONDS WEST 1336.52 FEET ALONG SAID CENTERLINE; THENCE SOUTH 29 DEGREES 12 MINUTES 38 SECONDS WEST 600.81 FEET TO THE CENTERLINE OF GALENA ROAD AS NOW ESTABLISHED; THENCE NORTH 73 DEGREES 55 MINUTES 29 SECONDS WEST ALONG SAID CENTERLINE 677.76 FEET, THENCE NORTH 02 DEGREES 56 MINUTES 50 SECONDS WEST 348.47 FEET; THENCE NORTH 16 DEGREES 11 MINUTES 58 SECONDS EAST 599.13 FEET; THENCE NORTH 28 DEGREES 25 MINUTES 55 SECONDS EAST 750.54 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS, AND ALSO EXCEPTING, THAT PART CONVEYED BY WARRANTY DEED RECORDED AUGUST 30, 2007 AS DOCUMENT 200700026496, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 5 AND THAT PART OF THE WEST HALF OF SECTION 4, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE IRON PIPE MONUMENTING THE SOUTHEAST CORNER OF SAID 8 SECTION 5; THENCE NORTH 01 DEGREES 15 MINUTES 55 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 1730.13 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 27 MINUTES 29 SECONDS WEST 362.35 FEET; THENCE NORTH 00 DEGREES 32 MINUTES 31 SECONDS EAST 2026.23 FEET TO THE SOUTHERLY LINE OF COMMONWEALTH EDISON COMPANY PROPERTY DESCRIBED IN DOCUMENT 73-2720; THENCE NORTH 87 DEGREES 56 MINUTES 31 SECONDS EAST ALONG SAID SOUTHERLY LINE 1,222.89 FEET TO THE CENTERLINE OF ROB ROY DITCH; THENCE SOUTH 03 DEGREES 43 MINUTES 10 SECONDS EAST ALONG SAID CENTERLINE 577.07 FEET; THENCE SOUTH 01 DEGREES 49 MINUTES 41 SECONDS WEST ALONG SAID CENTERLINE 298.55 FEET; THENCE NORTH 89 DEGREES 00 MINUTES 53 SECONDS EAST 15.64 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 PER DOCUMENT 907256 AND 907257; (THE NEXT 5 CALLS ARE ALONG SAID WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47 PER DOCUMENT 907256 AND 907257) THENCE SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST 170.64 FEET; THENCE NORTH 89 DEGREES 50 MINUTES 14 SECONDS EAST 10.00 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 48 SECONDS EAST, 1,000.00 FEET; THENCE SOUTH 89 DEGREES 50 MINUTES 14 SECONDS WEST 10.00 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST 38.62 FEET; THENCE NORTH 89 DEGREES 27 MINUTES 29 SECONDS WEST 925.95 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE NORTHWEST 1/4 OF SECTION 5 AND NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 5; THENCE EAST ALONG THE SECTION LINE 1331.4 FEET; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 07 MINUTES 00 SECONDS MEASURED FROM WEST TO SOUTH FROM THE SECTION LINE, 2321.5 FEET; THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES 00 SECONDS, MEASURED FROM NORTH TO WEST FROM THE LAST DESCRIBED COURSE, 1328.7 FEET TO THE WEST LINE OF SECTION 5; THENCE SOUTHERLY ALONG THE SECTION LINE, FORMING AN ANGLE OF 89 DEGREES 27 MINUTES 00 SECONDS MEASURED FROM EAST TO SOUTH FROM THE LAST DESCRIBED COURSE, 146.4 FEET; THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 58 MINUTES 00 SECONDS, MEASURED FROM NORTH TO WEST FROM THE SECTION LINE, 1553 FEET; THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES 00 SECONDS, MEASURED FROM EAST TO NORTH FROM THE LAST DESCRIBED COURSE, 2461.1 FEET TO THE NORTH LINE OF SECTION 6; THENCE EASTERLY ALONG SAID NORTH LINE 1534 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH AND WEST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT 1876.07 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 6, SAID POINT BEING ON THE NORTH LINE OF THE LAND CONVEYED TO COMMONWEALTH EDISON COMPANY BY DOCUMENT NO. R73-2841 (TRACT 1); THENCE WEST ALONG SAID NORTH LINE 1133.17 TO A POINT OF INTERSECTION WITH A LINE 415.0 FEET PERPENDICULARLY DISTANT EAST OF AND PARALLEL WITH THE EAST LINE OF THE LAND CONVEYED TO EARL P. AND EMMA V. KONICEK BY DEED RECORDED AS DOCUMENT NO. 136414 IN BOOK 126, PAGE 41; THENCE NORTH ON SAID PARALLEL LINE, ALSO BEING THE EAST LINE OF THE LAND CONVEYED TO SAID COMMONWEALTH EDISON COMPANY BY DOCUMENT NO. R73-2841, 1897.19 FEET TO THE NORTH LINE OF SAID SECTION 6 AND THE POINT OF TERMINATION; AND ALSO EXCEPT THAT PART OF THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTHERLY OF A LINE 9 EXTENDED EASTERLY FROM A POINT ON THE WEST LINE OF SAID NORTHWEST 1/4 OF SECTION 5 WHICH POINT IS 1876.07 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 5 TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SECTION 5, WHICH POINT IS 1828.85 FEET SOUTH OF THE NORTH QUARTER CORNER OF SAID SECTION 5, ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. TRACT 6: PART OF THE EAST 1/2 OF SECTION 6; TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID SECTION 6, A DISTANCE OF 3407.85 FEET TO THE SOUTH LINE OF PROPERTY CONVEYED TO SUSAN SCHMIDT BY WARRANTY DEED RECORDED DECEMBER 18, 1929 IN BOOK 80, PAGES 334 AND 335; THENCE WEST ALONG THE SOUTH LINE OF PROPERTY CONVEYED TO SUSAN SCHMIDT A DISTANCE OF 1552.74 FEET TO THE EAST LINE OF PROPERTY CONVEYED TO EARL P KONICEK AND WIFE BY WARRANTY DEED DATED DECEMBER 4, 1961 RECORDED AS DOCUMENT 136414, THENCE SOUTH ALONG THE EAST LINE OF PROPERTY CONVEYED TO EARL P. KONICEK AND WIFE 1240.82 FEET TO THE CENTER LINE OF GALENA ROAD, FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG THE PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE 919.13 FEET TO AN ANGLE POINT WHICH IS 1312.43 FEET PERPENDICULARLY DISTANCE NORTH OF SAID SOUTH LINE OF SAID SECTION 6; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 26 DEGREES 45 MINUTES 35 SECOND TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE OF 332.08 FEET TO THE NORTH LINE OF PARCEL TWO OF PROPERTY CONVEYED TO CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST NUMBER 45553 BY CONSERVATORS DEED RECORDED SEPTEMBER 17, 1973 AS DOCUMENT 73-4671; THENCE WESTERLY ALONG SAID NORTHERLY LINE FORMING AN ANGLE OF 62 DEGREES 01 MINUTES 01 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE 646.8 FEET TO THE CENTER LINE OF BEECHER ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER LINE 1362.40 FEET TO THE CENTER LINE OF GALENA ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE 460.52 FEET TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, ALSO, THAT PART OF THE EAST 1/2 OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF GALENA ROAD WITH THE EAST LINE OF SAID SECTION; THENCE NORTH 70 DEGREES 55 MINUTES WEST ALONG SAID CENTER LINE 276 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID SECTION 8, 200 FEET; THENCE SOUTH 70 DEGREES 55 MINUTES EAST 270 FEET TO THE EAST LINE OF SAID SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 1456.6 FEET TO THE SOUTHEAST CORNER OF SAID SECTION; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 470.51 FEET TO THE EASTERLY LINE OF PARCEL TWO OF THE PROPERTY CONVEYED TO CHICAGO TITLE AND TRUST COMPANY TRUSTEE UNDER TRUST NUMBER 45553 BY CONSERVATORS DEED RECORDED SEPTEMBER 17, 1973 AS DOCUMENT R73-4671; THENCE NORTHERLY ALONG SAID EASTERLY LINE 1006.52 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL; THENCE WESTERLY ALONG THE NORTH LINE OF SAID PARCEL TWO 388.83 FEET TO THE INTERSECTION OF SAID NORTH LINE WITH THE EASTERLY LINE OF THE PROPERTY DESCRIBED IN PARCEL ONE OF SAID DOCUMENT 73-4671; THENCE NORTHEASTERLY ALONG SAID EASTERLY LINE OF PARCEL ONE A DISTANCE OF 115.02 FEET TO AN ANGLE POINT ON SAID EASTERLY LINE OF PARCEL ONE WHICH IS 1112.06 FEET PERPENDICULARLY DISTANCE NORTH OF THE SOUTH LINE OF SAID SECTION; THENCE NORTH ALONG A LINE FORMING AN ANGLE 26 DEGREES 45 MINUTES 38 SECOND 10 TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE OF 2329.35 FEET TO THE SOUTH LINE OF PROPERTY CONVEYED TO DIANE R. KAPCHINSKI BY TRUSTEES DEED RECORDED JUNE 14, 1973 AS DOCUMENT 73-28243; THENCE EAST ALONG THE SOUTH LINE OF PROPERTY CONVEYED TO DIANE R. KAPCHINSKI 812.68 FEET TO THE EAST LIEN OF SAID SECTION 6; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 6, 1319.90 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, EXCEPT THE LEGAL DESCRIPTION INCLUDED IN THE WARRANTY DEED RECORDED AUGUST 24, 2020 AS DOCUMENT 202000016040. OWNER: The Konicek Family Limited Partnership A PART OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6, THENCE EAST 19.508 CHAINS (1,287.528 FEET) TO AN IRON STAKE FOR PLACE OF BEGINNING, THENCE EAST ON THE NORTH LINE OF SAID SECTION 6, 44.599 CHAINS (2,943.534 FEET), THENCE SOUTH 16 MINUTES WEST 56.242 CHAINS (3,711.972 FEET) TO THE CENTER OF THE HIGHWAY, THENCE NORTH 73 DEGREES 58 MINUTES WEST 3.473 CHAINS (229.218 FEET) ALONG THE CENTER OF THE HIGHWAY, THENCE NORTH 79 DEGREES 37 MINUTES WEST 52.777 CHAINS (3,483.282 FEET) ALONG THE CENTER OF THE HIGHWAY, THENCE NORTH 79 DEGREES 16 MINUTES WEST 8.03 CHAINS (529.98 FEET) ALONG THE CENTER OF THE HIGHWAY TO AN IRON STAKE, THENCE NORTH 18 DEGREES 05 MINUTES EAST 10.258 CHAINS (677.028 FEET) TO AN IRON STAKE, THENCE NORTH 72 DEGREES 01 MINUTE WEST 6.632 CHAINS (437.712 FEET) TO AN IRON STAKE, THENCE NORTH 27 DEGREES 51 MINUTES EAST 11.60 CHAINS (765.6 FEET) TO AN IRON STAKE, THENCE NORTH 89 DEGREES 25 MINUTES EAST 11.535 CHAINS (761.31 FEET) TO THE CENTER OF THE HIGHWAY, THENCE NORTH 12 DEGREES 40 MINUTES EAST TO THE PLACE OF THE BEGINNING, SITUATED IN KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM RIGHT OF WAY DEDICATED FOR ASHE ROAD AND GALENA ROAD AND ALSO; EXCEPTING, THAT PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 6, A DISTANCE OF 19.508 CHAINS (1287.53 FEET); THENCE SOUTH 12 DEGREES 40 MINUTES WEST, 22.655 CHAINS (1495.23 FEET); THENCE SOUTH 89 DEGREES 25 MINUTES WEST, 11.535 CHAINS (761.31 FEET); THENCE SOUTH 27 DEGREES 50 MINUTES 42 SECONDS WEST, 765.57 FEET; THENCE SOUTH 72 DEGREES 01 MINUTES EAST, 437.71 FEET; THENCE SOUTH 18 DEGREES 05 MINUTES WEST, 637.63 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF GALENA ROAD; THENCE SOUTH 77 DEGREES 03 MINUTES 31 SECONDS EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE OF GALENA ROAD, 187.93 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 77 DEGREES 03 MINUTES 31 SECONDS EAST ALONG SAID RIGHT OF WAY LINE 136.30 FEET TO A POINT OF CURVE; THENCE CONTINUING EASTERLY ALONG SAID RIGHT OF WAY, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 14,285.00 FEET AND CHORD BEARING SOUTH 78 DEGREES 06 MINUTES 11 SECONDS EAST, 189.98 FEET TO A POINT OF BEND IN SAID RIGHT OF WAY; THENCE NORTH 14 DEGREES 08 MINUTES 51 SECONDS EAST ALONG SAID RIGHT OF WAY, 20.02 FEET TO A POINT OF BEND; THENCE EASTERLY ALONG SAID RIGHT OF WAY, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 14,265.00 FEET AND CHORD BEARING SOUTH 79 DEGREES 23 MINUTES 57 SECONDS EAST, A DISTANCE OF 453.85 FEET TO A POINT OF TANGENT; THENCE SOUTH 80 DEGREES 18 MINUTES 38 SECONDS EAST ALONG SAID RIGHT OF WAY, 29.82 FEET; THENCE NORTH 10 DEGREES 46 MINUTES 28 SECONDS EAST, 528.48 11 FEET; THENCE NORTH 79 DEGREES 13 MINUTES 32 SECONDS WEST, 810.97 FEET; THENCE SOUTH 10 DEGREES 46 MINUTES 28 SECONDS WEST, 541.53 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, ALSO EXCEPTING, THAT PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 6, A DISTANCE OF 19.508 CHAINS (1287.53 FEET) TO THE NORTHEAST CORNER OF EQUESTRIAN ESTATES AT LEGACY FARMS; THENCE SOUTH 12 DEGREES 40 MINUTES WEST ALONG THE EASTERLY LINE OF SAID SUBDIVISION AND SAID EAST LINE EXTENDED SOUTHERLY, 22.655 CHAINS (1495.23 FEET); THENCE NORTH 89 DEGREES 25 MINUTES EAST, 29.67 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF ASHE ROAD AS RELOCATED FOR THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 25 MINUTES 00 SECONDS WEST ALONG THE LAST DESCRIBED COURSE, A DISTANCE OF 618.59 FEET; THENCE SOUTH 00 DEGREES 35 MINUTES EAST, AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, A DISTANCE OF 355.09 FEET; THENCE NORTH 89 DEGREES 25 MINUTES EAST, A DISTANCE OF 683.60 TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF ASHE ROAD; THENCE NORTHERLY ALONG SAID RIGHT OF WAY LINE, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1482.39 FEET, WHOSE CHORD BEARS NORTH 10 DEGREES 57 MINUTES 30 SECONDS WEST, 360.99 FEET TO THE POINT OF BEGINNING IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. APPLICATION FOR PUD PRELIMINARY PLAN United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us DATE:PZC NUMBER:DEVELOPMENT NAME: PETITIONER INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: BUSINESS HOME EMAIL:FAX: PROPERTY INFORMATION NAME OF HOLDER OF LEGAL TITLE: IF LEGAL TITLE IS HELD BY A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: PROPERTY STREET ADDRESS: TYPE OF REQUEST: PRELIMINARY PLAN AMENDED PREMILINARY PLAN TOTAL LOT ACREAGE:CURRENT ZONING CLASSIFICATION: ATTACHMENTS Petitioner must attach a legal description of the property to this application and title it as “Exhibit A”. (847) 738-5005 APPLICATION FOR PUD PRELIMINARY PLAN United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us ATTORNEY INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: EMAIL:FAX: ENGINEER INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: EMAIL:FAX: LAND PLANNER/SURVEYOR INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: EMAIL:FAX: AGREEMENT I VERIFY THAT ALL THE INFORMATION IN THIS APPLICATION IS TRUE TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND AND ACCEPT ALL REQUIREMENTS AND FEES AS OUTLINED AS WELL AS ANY INCURRED ADMINISTRATIVE AND PLANNING CONSULTANT FEES WHICH MUST BE CURRENT BEFORE THIS PROJECT CAN PROCEED TO THE NEXT SCHEDULED COMMITTEE MEETING. I UNDERSTAND ALL OF THE INFORMATION PRESENTED IN THIS DOCUMENT AND UNDERSTAND THAT IF AN APPLICATION BECOMES DORMANT IT IS THROUGH MY OWN FAULT AND I MUST THEREFORE FOLLOW THE REQUIREMENTS OUTLINED ABOVE. OWNER HEREBY AUTHORIZES THE PETITIONER TO PURSUE THE APPROPRIATE ENTITLEMENTS ON THE PROPERTY. PETITIONER SIGNATURE OWNER SIGNATURE DATE DATE THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE HERE: Section 15.1 Contiguous Owners CERTIFIED MAILING AFFIDAVIT STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) I/We, ________________________, petitioner, being first duly sworn, do hereby state under oath that to the best of my knowledge the attached list is a true, correct and complete list of all permanent parcel numbers, and names and addresses of owners, of all lots and parts of lots located within 500 feet (exclusively of any public streets and alleys) of the property legally described on the attached application for annexation, rezoning, special use permit, planned unit development, variation, or other zoning amendment. I further state that said list was obtained from the current tax rolls of the Kendall County Treasurer’s Office. I further state that I mailed by U.S. Certified Mail, Return Receipt Requested, a copy of the Public Notice of Public Hearing before the United City of Yorkville Planning and Zoning Commission for the Public Hearing held on Wednesday, _______________, at the United City of City Council Chambers, Yorkville, Illinois. The notice was mailed to the attached list of all of the permanent parcel numbers and names and addresses of owners at the U.S. Post office on _______________________, 20_____. ________________________________ Signature of Petitioner(s) Subscribed and sworn to before me this ________ day of _______________, 20______ ______________________________________ Notary Public BRISTOL BAY TOWNHOME ASSOC ADVOCATE MANAGEMENT COMPANY 2272 95TH ST STE 313 NAPERVILLE IL 60564 LUCILLE KANDLER 4553 C GARRITANO ST YORKVILLE IL 60560 MOORE ANNA C LANDOVITZ KEITH S 275 ASHE RD PLANO IL 60545 BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL IL 60512 ROSENWINKEL FAMILY TRUST ET AL 501 JOHN ROSENWINKEL 10735 CHICAGO RD WATERMAN IL 60556 FAYE MAJOLA 4593 C GARRITANO CT YORKVILLE IL 60560 RYAN C EMILY M ANDERSON 2986 STIRLING CT MONTGOMERY IL 60538 ROSENWINKEL FAMILY TRUST ET AL 501 JOHN ROSENWINKEL 10735 CHICAGO RD WATERMAN IL 60556 BRISTOL BAY CONDO ASSOC ADVOCATE MANAGEMENT COMPANY 2272 95TH ST STE 313 NAPERVILLE IL 60564 DANIEL A CHARENE S NAGEL LIV TRUST PO BOX 1069 SUGAR GROVE IL 60554 CORDERO REAL ESTATE LLC 1079 SARD AVE MONTGOMERY IL 60538 KONICEK DALE L LLC 6321 WALKER RD YORKVILLE IL 60560 JOSE RAMOS GUILLERMINA MALDONADO 385 GRAPE VINE TRL OSWEGO IL 60543 LAWRENCE D JR DEBORAH H WICKTER REV TRUST 17M ASHE RD SUGAR GROVE IL 60554 BRADLEY MEGAN SUMMERS 4573 C GARRITANO ST YORKVILLE IL 60560 KONICEK ANGELA M DEC OF TRUST KONICEK MICHAEL A DEC OF TRUST 11843 GALENA RD PLANO IL 60545 KONICEK FAMILY LIMITED PARTNERSHIP 11843 GALENA RD PLANO IL 60545 KONICEK DALE L LLC 6321 WALKER RD YORKVILLE IL 60560 MARQUETTE COMPANIES GALENA 47 LLC 135 WATER ST 4TH FLR NAPERVILLE IL 60540 HERNANDEZ LOUIS BUCHNER AUDREY 4587 C GARRITANO ST YORKVILLE IL 60560 OKEEFE FAMILY LTD PARTNERSHIP 1624 HOBBS DR STE 1 DELAVAN WI 53115 BRYAN HOLDINGS LLC P O BOX 998 AURORA IL 60507 AVINASH B SHARON A FERNANDES 4561 GARRITANO ST UNIT C YORKVILLE IL 60560 BRISTOL BAY TOWNHOME ASSOC ADVOCATE MANAGEMENT COMPANY 2272 95TH ST STE 313 NAPERVILLE IL 60564 COMMONWEALTH EDISON THREE LINCOLN CENTRE 4TH FL OAK BROOK TERRACE IL 60181 TERI S DAVID THOMPSON 761 CYNTHIA DR SANDWICH IL 60548 KONICEK DALE L LLC 6321 WALKER RD YORKVILLE IL 60560 SPEEDWAY LLC 539 S MAIN ST FINDLAY OH 45840 MARK S MICHELLE M BOSSONG TRUST 17L ASHE RD SUGAR GROVE IL 60554 GALENA 47 LLC 135 WATER ST 4TH FLOOR NAPERVILLE IL 60540 BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL IL 60512 DALE L KONICEK LLC 6321 WALKER RD YORKVILLE IL 60560 TARA KING CANO 4593 B GARRITANO ST YORKVILLE IL 60560 SKYFALL EQUESTRIAN LLC 17 J ASHE RD SUGAR GROVE IL 60554 ASHLEY M OLSEN 4567 GARRITANO ST UNIT C YORKVILLE IL 60560 PLANO 12127 B GALENA RD LLC ABIATHAR MGMT LLC PLANO 12127 B GALENA RD LLC 1550 E BELTLINE AVE SE STE 150 GRAND RAPIDS MI 49506 LEGACY FARM ESTATES LLC 8 HATHAWAY CRESCENT AURORA IL 60506 MOORE ANNA C LANDOVITZ KEITH S 275 ASHE RD PLANO IL 60545 MOORE ANNA C LANDOVITZ KEITH S 275 ASHE RD PLANO IL 60545 DALE L KONICEK LLC 6321 WALKER RD YORKVILLE IL 60560 KONICEK DALE L LLC 6321 WALKER RD YORKVILLE IL 60560 TWO STAR ENTERPRISES LLC 695 RTE 34 AURORA IL 60503 TORO MARILEX A CEJA VICTOR E TORO 10292 GALENA RD BRISTOL IL 60512 KONICEK FAMILY LIMITED PARTNERSHIP 11843 GALENA RD PLANO IL 60545 GUPTA SANJAY GUPTA SAMEER 3N982 WALT WHITMAN RD SAINT CHARLES IL 60175 LAND AT LEGACY ESTATES LLC 17 ASHE RD LOT J SUGAR GROVE IL 60554 KONICEK DALE L LLC 6321 WALKER RD YORKVILLE IL 60560 TEQUILLA SUNRISE ENTERPRISES LLC 1107 S BRIDGE ST STE D YORKVILLE IL 60560 MARQUETTE COMPANIES MPLIV10 LLC 135 WATER ST NAPERVILLE IL 60540 CHICAGO WB INVESTORS LLC c/o SAM ZABALA 315 FLATBUSH AVE 302 BROOKLYN NY 11217 MARQUETTE COMPANIES GALENA 47 LLC 135 WATER ST 4TH FLR NAPERVILLE IL 60540 MARQUETTE COMPANIES GALENA 47 LLC 135 WATER ST 4TH FLR NAPERVILLE IL 60540 SKYFALL EQUESTRIAN LLC 17 J ASHE RD SUGAR GROVE IL 60554 EDWARD A BARBARA SCHRAMM N5119 HWY H DEERBROOK WI 54424 GALENA 47 LLC 175 SOUTH HIGHPOINT DRIVE ROMEOVILLE IL 60446 KONICEK FAMILY LIMITED PARTNERSHIP 11843 GALENA RD PLANO, IL, 60545 STOREHOUSE PROPERTIES LLC 238 BRIARHEATH LN NAPERVILLE IL 60565 BRISTOL BAY TOWNHOME ASSOC ADVOCATE MANAGEMENT COMPANY 2272 95TH ST STE 313 NAPERVILLE IL 60564 BRISTOL BAY TOWNHOME ASSOC ADVOCATE MANAGEMENT COMPANY 2272 95TH ST STE 313 NAPERVILLE IL 60564 JAMES S PAMELA A SECOR 10724 GALENA RD BRISTOL IL 60512 DANIEL A CHARENE S NAGEL LIV TRUST PO BOX 1069 SUGAR GROVE IL 60554 CHARLES D III LAURA M KASPER 17 P ASHE RD SUGAR GROVE IL 60554 LATHAM-SCHLEINING TAMMI M SCHLEINING JOSHUA A 790 ELDAMAIN RD PLANO IL 60545 LENNYS GAS N WASH YORKVILLE LLC 8200 W 185TH ST UNIT K TINLEY PARK IL 60487 EDWARD A BARBARA SCHRAMM N5119 HWY H DEERBROOK WI 54424 BRISTOL BAY CONDOMINIUM ASSOC BRISTOL BAY COMMUNITIES 4582 ROSENWINKEL ST YORKVILLE IL 60560 GILDARDO E RITA J RIOS 11018 GALENA RD BRISTOL IL 60512 STATE OF IL DEPT OF TRANS 700 E NORRIS DR OTTAWA IL 61350 COMMONWEALTH EDISON THREE LINCOLN CENTRE 4TH FL OAK BROOK TERRACE IL 60181 GUPTA SANJAY GUPTA SAMEER 3N982 WALT WHITMAN RD SAINT CHARLES IL 60175 TWO STAR ENTERPRISES LLC 695 RTE 34 AURORA IL 60503 MOORE ANNA C LANDOVITZ KEITH S 275 ASHE RD PLANO IL 60545 KONICEK DALE L LLC 6321 WALKER RD YORKVILLE IL 60560 ZAVALA CELIA DEL SAGRARIO RENTERIA GALINDO FORTINO 980 ELDAMAIN RD PLANO IL 60545 GEORGE JR OSTREKO ET AL 1410 E BEECHER RD BRISTOL IL 60512 JOHN F CYNTHIA K UNDESSER 10326 GALENA RD BRISTOL IL 60512 KONICEK DALE L LLC 6321 WALKER RD YORKVILLE IL 60560 NICKOLOS R LINDA MARIA STEFFAN 4581 D GARRITANO ST YORKVILLE IL 60560 PETER A CHERI L LO DESTRO TRUST 17A/17B ASHE RD SUGAR GROVE IL 60554 RICHARD A MARCIA I BRUMMEL 12340 FAXON RD PLANO IL 60545 BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL IL 60512 LAND AT LEGACY ESTATES LLC 17 ASHE RD LOT J SUGAR GROVE IL 60554 %TAX DEPT SPEEDWAY LLC 539 S MAIN ST FINDLAY OH 45840 COMMONWEALTH EDISON THREE LINCOLN CENTRE 4TH FL OAK BROOK TERRACE IL 60181 YORKVILLE NEXUS III LLC ATTN MATTHEW B GILBERT 837 W JUNIOR TERR CHICAGO IL 60613 COMMONWEALTH EDISON THREE LINCOLN CENTRE 4TH FL OAK BROOK TERRACE IL 60181 CASTLE BANK TRUST 10735 CHICAGO RD WATERMAN IL 60556 LAND AT LEGACY ESTATES LLC 17 ASHE RD LOT J SUGAR GROVE IL 60554 %THOMAS POWELL SR CHICAGO TRUST COMPANY NA 12127 W EDGEWOOD DR HOMER GLEN IL 60491 TRIPLE S LAND LLC KENDALL COUNTY CONCRETE INC 695 ROUTE 34 AURORA IL 60504 ILLINOIS DEPT OF TRANSPORTATION ATTN BUREAU OF LAND AQUISITION 201 CENTER CT SCHAUMBURG IL 60196 DALE L KONICEK LLC 6321 WALKER RD YORKVILLE IL 60560 JOHN F CYNTHIA K UNDESSER 10326 GALENA RD BRISTOL IL 60512 COMMONWEALTH EDISON THREE LINCOLN CENTRE 4TH FL OAK BROOK TERRACE IL 60181 BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL IL 60512 JOHANA A BARRIOS 4561 D GARRITANO ST YORKVILLE IL 60560 BRISTOL BAY TOWNHOME ASSOC ADVOCATE MANAGEMENT COMPANY 2272 95TH ST STE 313 NAPERVILLE IL 60564 BRISTOL BAY TOWNHOME ASSOC ADVOCATE MANAGEMENT COMPANY 2272 95TH ST STE 313 NAPERVILLE IL 60564 DAVID S LINDA K GLETTY 320 N OAK ST WATERMAN IL 60556 JPSHANNON LLC JOHN P BRYAN PO BOX 998 AURORA IL 60507 BRISTOL BAY TOWNHOME ASSOC ADVOCATE MANAGEMENT COMPANY 2272 95TH ST STE 313 NAPERVILLE IL 60564 BRISTOL BAY TOWNHOME ASSOC ADVOCATE MANAGEMENT COMPANY 2272 95TH ST STE 313 NAPERVILLE IL 60564 JEFF MILROY MILROY FARMS LLC 287 WOODSTOCK AVE GLEN ELLYN IL 60137 CASTLE BANK TRUST 10735 CHICAGO RD WATERMAN IL 60556 null DARREN R SPACAL 4573 D GARRITANO ST YORKVILLE IL 60560 DONALD CAROL FIVE H LLC HAMMAN 13351 B FAXON RD PLANO IL 60545 KENNETH A HART 4547 GARRITANO ST UNIT C YORKVILLE IL 60560 %TAX DEPT SPEEDWAY LLC 539 S MAIN ST FINDLAY OH 45840 GEORGE JR OSTREKO ET AL 1410 E BEECHER RD BRISTOL IL 60512 STEPHANIE JOHNSON 4547 GARRITANO UNIT D YORKVILLE IL 60560 GUS ALINA S ARGIRES 4587 D GARRITANO ST YORKVILLE IL 60560 PHILLIP SCHINKOETH 4553 D GARRITANO ST YORKVILLE IL 60560 HOWARTH ANGELA GRAY WHEELER JUSTIN EDWARD 4567 D GARRITANO ST YORKVILLE IL 60560 URUETA MARIA MACDALENA ROSALES CAROLINA CITLALI 10346 GALENA RD BRISTOL IL 60512 HAMSMITH HARRY KULAKOWSKI ANDREW KELLY 10326 GALENA RD BRISTOL IL 60512 LAND AT LEGACY ESTATES LLC 17 ASHE RD LOT J SUGAR GROVE IL 60554 JENNIFER L RAKAS 10094 BASELINE RD SUGAR GROVE IL 60554 JAMES M SEARS ET AL 27 N COOK ST PLANO IL 60545 COUNTY OF KENDALL CORNER OF BRIDGE GALENA RD 111 W FOX ST YORKVILLE IL 60560 COMMONWEALTH EDISON THREE LINCOLN CENTRE 4TH FL OAK BROOK TERRACE IL 60181 BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL IL 60512 PNC BANK NA CAPSTONE RESDEV LLC ATTN 942000164 P O BOX 25999 SHAWNEE MISSION KS 66225 COMMONWEALTH EDISON THREE LINCOLN CENTRE 4TH FL OAK BROOK TERRACE IL 60181 MARY AUER 1327 W BEECHER RD BRISTOL IL 60512 THOMAS H III EUGENIA H CROSS 11 PARTRIDGE SQUARE OSWEGO IL 60543 DALE L KONICEK LLC 6321 WALKER RD YORKVILLE IL 60560 SPEEDWAY LLC 539 S MAIN ST FINDLAY OH 45840 EDWARD A BARBARA SCHRAMM N5119 HWY H DEERBROOK WI 54424 BRYAN HOLDINGS LLC PO BOX 998 AURORA IL 60507 RONALDO B COLOMA 12900 ALPINE WAY PLAINFIELD IL 60585 COMMONWEALTH EDISON THREE LINCOLN CENTRE 4TH FL OAK BROOK TERRACE IL 60181 GREGORY PENSON 4581 B GARRITANO ST YORKVILLE IL 60560 LAND AT LEGACY ESTATES LLC 17 ASHE RD LOT J SUGAR GROVE IL 60554 UNITED CITY OF YORKVILLE 651 PRAIRIE POINTE DR YORKVILLE IL 60560 COMMONWEALTH EDISON THREE LINCOLN CENTRE 4TH FL OAK BROOK TERRACE IL 60181 JERRY G MARILEE FOLTZ 1010 W BEECHER RD BRISTOL IL 60512 KONICEK FAMILY LIMITED PARTNERSHIP 11843 GALENA RD PLANO IL 60545 KONICEK DALE L LLC 6321 WALKER RD YORKVILLE IL 60560 LAND AT LEGACY ESTATES LLC 17 ASHE RD LOT J SUGAR GROVE IL 60554 LATHAM-SCHLEINING TAMMI M SCHLEINING JOSHUA A 790 ELDAMAIN RD PLANO IL 60545 KONICEK DALE L LLC 6321 WALKER RD YORKVILLE IL 60560 GRUBE, ROBERT P 2011 TRUST ET AL CAPS 801 WARRENVILLE RD STE 150 LISLE, IL, 60532-4328 J M FARM LLC DEBRA BAUMGARTNER 2506 N CLARK ST STE 2950 CHICAGO, IL, 60614-1849 FOTOPOULOS, ELIZABETH & NINA A 43W904 BASELINE RD SUGAR GROVE, IL, 60554-9649 JERICHO CEMETERY ASSOCIATION % RALPH HARKISON PO BOX 3 BIG ROCK, IL, 60511 EILERT, JEFFRIES H DCLRN OF TRUST, TRUSTEE 525 S EDGELAWN DR AURORA, IL, 60506 GRACE LAND LLC 9 BEL AIRE CT BURR RIDGE, IL 60527-8382 JENNINGS, SUZANN M. TRUST JAMES A SHERMAN 602B W 5TH AVE NAPERVILLE, IL 60563-2902 HOMESTEAD LAND COMPANY LLC 1107 S BRIDGE ST, STE D YORKVILLE, IL 60560-1747 ORMISTON, MAURICE E. DCLRN TR #101 ET AL 11718 NEWARK RD NEWARK, IL 60541-9236 SUGAR GROVE FAMILY FUN CENTER LLC EDWARD PAROLEK 1099 DEERPATH RD AURORA, IL 60506 GRUBE, ROBERT P 2011 TRUST ET AL CAPS 801 WARRENVILLE RD STE 150 LISLE, IL, 60532-4328 J M FARM LLC DEBRA BAUMGARTNER 2506 N CLARK ST STE 2950 CHICAGO, IL, 60614-1849 FOTOPOULOS, ELIZABETH & NINA A 43W904 BASELINE RD SUGAR GROVE, IL, 60554-9649 JERICHO CEMETERY ASSOCIATION % RALPH HARKISON PO BOX 3 BIG ROCK, IL, 60511 EILERT, JEFFRIES H DCLRN OF TRUST, TRUSTEE 525 S EDGELAWN DR AURORA, IL, 60506 GRACE LAND LLC 9 BEL AIRE CT BURR RIDGE, IL 60527-8382 JENNINGS, SUZANN M. TRUST JAMES A SHERMAN 602B W 5TH AVE NAPERVILLE, IL 60563-2902 HOMESTEAD LAND COMPANY LLC 1107 S BRIDGE ST, STE D YORKVILLE, IL 60560-1747 ORMISTON, MAURICE E. DCLRN TR #101 ET AL 11718 NEWARK RD NEWARK, IL 60541-9236 SUGAR GROVE FAMILY FUN CENTER LLC EDWARD PAROLEK 1099 DEERPATH RD AURORA, IL 60506 GRUBE, ROBERT P 2011 TRUST ET AL CAPS 801 WARRENVILLE RD STE 150 LISLE, IL, 60532-4328 J M FARM LLC DEBRA BAUMGARTNER 2506 N CLARK ST STE 2950 CHICAGO, IL, 60614-1849 FOTOPOULOS, ELIZABETH & NINA A 43W904 BASELINE RD SUGAR GROVE, IL, 60554-9649 JERICHO CEMETERY ASSOCIATION % RALPH HARKISON PO BOX 3 BIG ROCK, IL, 60511 EILERT, JEFFRIES H DCLRN OF TRUST, TRUSTEE 525 S EDGELAWN DR AURORA, IL, 60506 GRACE LAND LLC 9 BEL AIRE CT BURR RIDGE, IL 60527-8382 JENNINGS, SUZANN M. TRUST JAMES A SHERMAN 602B W 5TH AVE NAPERVILLE, IL 60563-2902 HOMESTEAD LAND COMPANY LLC 1107 S BRIDGE ST, STE D YORKVILLE, IL 60560-1747 ORMISTON, MAURICE E. DCLRN TR #101 ET AL 11718 NEWARK RD NEWARK, IL 60541-9236 SUGAR GROVE FAMILY FUN CENTER LLC EDWARD PAROLEK 1099 DEERPATH RD AURORA, IL 60506 150 PARKING SPACES STORMWATER MANAGEMENT BASIN STORMWATER MANAGEMENT BASIN STORMWATER MANAGEMENT BASINSTORMWATER MANAGEMENT BASINSTORMWATER MANAGEMENT BASINSTORMWATER MANAGEMENT BASIN BUILDING 3 2 STORY DATA CENTER UTILITY SWITCHYARD CUSTOMER SUBSTATION CUSTOMER SUBSTATION BASELINE ROAD ROUTE 47GALEN A R O A DASHE ROAD SECURITY FENCE SECURITY FENCE SECURITY FENCE POTENTIAL WATER UTILITY EXPANSION AREA 25 FT SETBACK 20 FT SETBACK 20 FT SETBACK ROB ROY CREEKUTILITY CORRIDOR FUTURE UTILITY CORRIDOR 300 PARKING SPACESBUILDING 1 2 STORY DATA CENTER 300 PARKING SPACES150 PARKING SPACESBUILDING 42 STORY DATA CENTER300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES150 PARKING SPACES300 PARKING SPACES300 PARKING SPACESBUILDING 122 STORY DATA CENTERBUILDING 2 2 STORY DATA CENTER BUILDING 5 2 STORY DATA CENTER BUILDING 6 2 STORY DATA CENTER BUILDING 7 2 STORY DATA CENTER BUILDING 8 2 STORY DATA CENTER BUILDING 9 2 STORY DATA CENTER BUILDING 10 2 STORY DATA CENTER BUILDING 11 2 STORY DATA CENTER BUILDING 13 2 STORY DATA CENTER BUILDING 14 2 STORY DATA CENTER RESIDENCE DISTRICT RESIDENCE DISTRICT STORMWATER MANAGEMENT BASIN DRAINAGE CHANNEL DRAINAGE CHANNEL DRAINAGE CHANNEL TYPE D TRANSITION ZONE - SEE LANDSCAPE DRAWINGS FOR DETAILS 1387' - 8 1/4" 1,500-FT ROOFTOP EQUIPMENT RESTRICTION ZONE 1,500-FT ROOFTOP EQUIPMENT RESTRICTION ZONE 1,500-FT ROOFTOP EQUIPMENT RESTRICTION ZONE 1 2 4 3 5 6 7 8 9 10 11 13 14 12 PHASE 1PHASE 3 PHASE 2 P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NS I T E P L A N A-1 0 5 / 3 0 / 2 5PLANMAXIMUM F.A.R.N/AN/A MAXIMUM LOT COVERAGE85% (38,395,962 SF)41% (18,552,808 SF) MINIMUM LOT SIZEN/AN/A COVERAGE ACCESSIBLE PARKING SPACES 11492 PARKING SPACES5,1943,750 REQUIREDPROVIDED DATA CENTER PARKING RATIO 0.3 SPACES PER 1,000 SF PARKING *SETBACKS APPLY ONLY TO THE PERIMETER OF THE PROPERTY. IN THE EVENT THAT THE PROPERTY IS RESUBDIVIDED, THERE SHALL BE NO SETBACKS APPLICABLE TO INTERNAL LOT LINES. REAR0 FT0 FT SIDEMIN. 10% OF LOT DEPTH, MAX. 20FT20 FT FRONT25 FT25 FT SETBACKS BUILDING HEIGHT55 FT55 FT REQUIREDPROVIDED TOTAL SITE AREA45,171,720 SF (1,037 ACRES) TARGET ZONE CLASSM-2 GENERAL MANUFACTURING SITE DATA TOTAL 8,656,501 SF 17,313,002 SF N/AN/A P2 BUILDING 14 680,591 SF 1,361,182 SF 55 FT78 FT P2 BUILDING 13 680,591 SF 1,361,182 SF 55 FT78 FT P2 BUILDING 12 390,000 SF 780,000 SF 55 FT78 FT P2 BUILDING 11 680,591 SF 1,361,182 SF 55 FT78 FT P2 BUILDING 10 680,591 SF 1,361,182 SF 55 FT78 FT P2 BUILDING 9 680,591 SF 1,361,182 SF 55 FT78 FT P2 BUILDING 8 680,591 SF 1,361,182 SF 55 FT78 FT P3 BUILDING 7 680,591 SF 1,361,182 SF 55 FT78 FT P3 BUILDING 6 680,591 SF 1,361,182 SF 55 FT78 FT P3 BUILDING 5 680,591 SF 1,361,182 SF 55 FT78 FT P1 BUILDING 4 390,000 SF 780,000 SF 55 FT78 FT P1 BUILDING 3 390,000 SF 780,000 SF 55 FT78 FT P1 BUILDING 2 680,591 SF 1,361,182 SF 55 FT78 FT P1 BUILDING 1 680,600 SF 1,361,182 SF 55 FT78 FT PHASEBUILDING NUMBER FOOTPRINT AREA TOTAL FLOOR AREA HEIGHT (TOP OF BUILDING) HEIGHT (TOP OF EQUIPMENT) BUILDING AREAS 0'150'300'600' 150 PARKING SPACESSTORMWATER MANAGEMENT BASINSTORMWATER MANAGEMENT BASINSTORMWATER MANAGEMENT BASINSTORMWATER MANAGEMENT BASINSTORMWATER MANAGEMENT BASINSTORMWATER MANAGEMENT BASINBUILDING 32 STORY DATA CENTERUTILITY SWITCHYARDCUSTOMER SUBSTATIONCUSTOMER SUBSTATIONBASELINE ROADROUTE 47GALENA ROADA S H E R O A D SECURITY FENCESECURITY FENCESECURITY FENCEPOTENTIAL WATER UTILITY EXPANSION AREA25 FT SETBACK20 FT SETBACKROB ROY CREEKUTILITY CORRIDORFUTURE UTILITY CORRIDOR300 PARKING SPACESBUILDING 12 STORY DATA CENTER300 PARKING SPACES150 PARKING SPACESBUILDING 42 STORY DATA CENTER300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES150 PARKING SPACES300 PARKING SPACES300 PARKING SPACESBUILDING 122 STORY DATA CENTERBUILDING 22 STORY DATA CENTERBUILDING 52 STORY DATA CENTERBUILDING 62 STORY DATA CENTERBUILDING 72 STORY DATA CENTERBUILDING 82 STORY DATA CENTERBUILDING 92 STORY DATA CENTERBUILDING 102 STORY DATA CENTERBUILDING 112 STORY DATA CENTERBUILDING 132 STORY DATA CENTERBUILDING 142 STORY DATA CENTERRESIDENCE DISTRICTRESIDENCE DISTRICTSTORMWATER MANAGEMENT BASINDRAINAGE CHANNELDRAINAGE CHANNELDRAINAGE CHANNELTYPE D TRANSITION ZONE - SEE LANDSCAPE DRAWINGS FOR DETAILS 1,500-FT ROOFTOP EQUIPMENT RESTRICTION ZONE1,500-FT ROOFTOP EQUIPMENT RESTRICTION ZONE1,500-FT ROOFTOP EQUIPMENT RESTRICTION ZONEL-0022L-0023L-0024L-0021CAMPUS ENTRYCAMPUS ENTRYCAMPUS ENTRYFUTURE UTILITY EASEMENT UTILITY CORRIDOR UTILITYEASEMENT 300' - 0"300' - 0"200' - 0"UTILITYCORRIDOR 300' - 0"200' - 0"200' - 0"LANDSCAPE SURFACING LEGEND100' TRANSITIONAL TYPE D LANDSCAPE BUFFERBUILDING FOUNDATION LANDSCAPE ZONEPARKING AREA PERIMETER LANDSCAPE ZONELANDSCAPE SEEDING/PLANTING - SODLANDSCAPE SEEDING/PLANTING - PRAIRIE MIXdatesheet titlesheet numberno.datedescriptionPRELIMINARY -NOT FOR CONSTRUCTIONkeyplanprojectrevisionsregistrationCONFIDENTIAL5/30/2025 12:27:58 PMNA1CAMPUS PLAN MARK-UP03/13/25Project NameTYPE D: PER 100 LINEAR FT. 5 UNDERSTORY TREES5 CANOPY/EVERGREEN TREES35 SHRUBS/NATIVE GRASSESPLANTED BERM 60% CONFIERS40% DECIDUOUSSHRUBS AND NATIVE GRASSES 10' PEDESTRIAN TRAIL BEFORE 100'LANDSCAPE BUFFER100' PERIMETER LANDSCAPE BUFFERPER CITY'S REQUESTEAST PROPERTY LINE PLANTING REQUIREMENTS PER AHJ:280-CANOPY TREES280-UNDERSTORY TREES1960-SHRUBS/NATIVE GRASSESTYP. SPECIES:-EASTERN RED CEDAR -WHITE PINE-JACK PINE-FLOWERING DOGWOOD-HORNBEAM-WHITE OAKNORTH PROPERTY LINE PLANTING REQUIREMENTS PER AHJ:500-CANOPY TREES500-UNDERSTORY TREES3500-SHRUBS/NATIVE GRASSESTYP. SPECIES:-SCARLET OAK-AMERICAN HORNBEAM-EASTERN REDBUD-COMMON WHITCH HAZEL -CORNELIAN CHERRY DOGWOOD-WHITE SPRUCE-EASTERN RED CEDARWEST PROPERTY LINE PLANTING REQUIREMENTS PER AHJ:150-CANOPY TREES150-UNDERSTORY TREES1050-SHRUBS/NATIVE GRASSESTYP. SPECIES:-EASTERN RED CEDAR -WHITE PINE-JACK PINE-WHITE SPRUCE-FLOWERING DOGWOOD-HORNBEAM-WHITE OAKSOUTH PROPERTY LINE PLANTING REQUIREMENTS PER AHJ:500-CANOPY TREES500-UNDERSTORY TREES3500-SHRUBS/NATIVE GRASSESTYP. SPECIES:-BUR OAK-AMERICAN HORNBEAM-SERVICEBERRY-EASTERN RED CEDAR-COMMON WHITCH HAZEL -FLOWERING DOGWOODEXISTING DITCH1" = 400'-0"1CAMPUS PLAN Copy 1 TYP.10 PARKING BAYSdatesheet titlesheet numberno.datedescriptionPRELIMINARY -NOT FOR CONSTRUCTIONkeyplanprojectrevisionsregistrationCONFIDENTIAL5/30/2025 12:28:03 PMNA2ENLARGED ENTRY PLANS DC1-DC2MARK-UPS03/13/25Project Name1" = 40'-0"1ENLARGED ENTRY PLAN - DC 1 PARKING PLANTINGPER CODE 10-5-3 (D)ALL AREAS ABUTTING PUBLIC/PRIVATE RIGHT-AWAY. MIN 7' OF LANDSCAPED AREA WITH 1 SHRUB/NATIVE GRASS PER 3' OF LANDSCAPE AREA LENGTHPER CODE 10-5-3 (E)PARKING END CAPS AT END OF PARKING BAYS ALONGDRIVE AISLES OR PEDESTRIAN CIRCULATION AREAS.MIN 1 CANOPY TREE AND 3 NATIVE GRASSES PER BAY SIZEPER CODE 10-5-3 (E)PARKING AREA ISLANDS EVERY 1O BAYSPARKING ENDCAPS REQUIRE:1 UNDERSTORY TREE PER PARKING BAY SIZE1. LOCATION: ALL OFF-STREET PARKING AREAS WHICH ABUT A PUBLIC OR PRIVATE RIGHT-OF-WAY, EXCLUDING ALLEYS, SHALL INCLUDE LANDSCAPE AND TREES AS REQUIRED BY THIS SECTION LOCATED BETWEEN THE BACK OF CURB OF THE OFF-STREET PARKING AREA AND THE RIGHT-OF-WAY.2. RIMETER LANDSCAPE SHALL BE ESTABLISHED ALONG THE EDGE OF THE OFF-STREET PARKING AREA AND HAVE A MINIMUM WIDTH OF SEVEN (7) FEET AS MEASURED FROM THE BACK OF CURB OF THE OFF-STREET PARKING AREA, TO ACCOMMODATE VEHICLE BUMPER OVERHANG AND ENSURE PLANTING AREAS THAT ARE ADEQUATE IN SIZE.A. ONE (1) SHRUB OR NATIVE GRASSES SHALL BE PLANTED FOR EVERY THREE (3) FEET OF LANDSCAPE AREA LENGTH.B. LANDSCAPED AREAS OUTSIDE OF SHRUBS/NATIVE GRASSES AND TREE MASSES SHALL BE PLANTED IN FINISHED GROUNDCOVER INCLUDING MULCH OR STONEWORK.PARKING LOT PERIMETER LANDSCAPE ZONE REQUIREMENTS SECOND FLOORSECOND FLOOR T.O. ROOFT.O. ROOF 55' - 0"55' - 0" INSULATED METAL PANELINSULATED METAL PANEL GLAZINGGLAZING PRECAST CONCRETEPRECAST CONCRETE PRECAST CONCRETE PRECAST CONCRETE EQUIPMENT SCREEN WALLEQUIPMENT SCREEN WALL METAL SCUPPER AND LEADERMETAL SCUPPER AND LEADER INSULATED INSULATED METAL PANELMETAL PANEL GLAZINGGLAZING PARAPETPARAPET METAL METAL CANOPYCANOPY T.O. SCREENT.O. SCREEN ROOFTOP ROOFTOP MECHANICAL MECHANICAL EQUIPMENT EQUIPMENT SCREEN WALLSCREEN WALL ELEVATION LEGEND PRECAST CONCRETE PANEL OR SIMILAR - LIGHT GREYINSULATED METAL PANEL OR SIMILAR - MEDIUM GREYGLAZINGPRECAST CONCRETE EQUIPMENT SCREEN WALL P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NS O U T H E L E V A T I O N A-2 0 5 / 3 0 / 2 5E X T E R N A L F A C I N G SECOND FLOORSECOND FLOOR T.O. ROOFT.O. ROOF 55' - 0"55' - 0" INSULATED METAL PANELINSULATED METAL PANEL GLAZINGGLAZING PRECAST CONCRETEPRECAST CONCRETE PRECAST CONCRETE PRECAST CONCRETE EQUIPMENT SCREEN WALLEQUIPMENT SCREEN WALL ROOFTOP MECHANICAL ROOFTOP MECHANICAL EQUIPMENT SCREEN WALLEQUIPMENT SCREEN WALL METAL CANOPYMETAL CANOPY T.O. SCREENT.O. SCREEN ELEVATION LEGEND PRECAST CONCRETE PANEL OR SIMILAR - LIGHT GREYINSULATED METAL PANEL OR SIMILAR - MEDIUM GREYGLAZINGPRECAST CONCRETE EQUIPMENT SCREEN WALL P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NE A S T E L E V A T I O N A-3 0 5 / 3 0 / 2 5E X T E R N A L F A C I N G SECOND FLOORSECOND FLOOR T.O. ROOFT.O. ROOF 55' - 0"55' - 0" INSULATED INSULATED METAL PANELMETAL PANEL GLAZINGGLAZINGPRECAST PRECAST CONCRETECONCRETE PRECAST PRECAST CONCRETE CONCRETE EQUIPMENT EQUIPMENT SCREEN WALLSCREEN WALL ROOFTOP MECHANICAL ROOFTOP MECHANICAL EQUIPMENT SCREEN WALLEQUIPMENT SCREEN WALL METAL SCUPPER METAL SCUPPER AND LEADERAND LEADER T.O. SCREENT.O. SCREEN ELEVATION LEGEND PRECAST CONCRETE PANEL OR SIMILAR - LIGHT GREYINSULATED METAL PANEL OR SIMILAR - MEDIUM GREYGLAZINGPRECAST CONCRETE EQUIPMENT SCREEN WALL P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NN O R T H E L E V A T I O N A-4 0 5 / 3 0 / 2 5I N T E R N A L F A C I N G SECOND FLOORSECOND FLOOR T.O. ROOFT.O. ROOF 55' - 0"55' - 0"PRECAST CONCRETEPRECAST CONCRETE PRECAST CONCRETE PRECAST CONCRETE EQUIPMENT SCREEN WALLEQUIPMENT SCREEN WALL ROOFTOP MECHANICAL ROOFTOP MECHANICAL EQUIPMENT SCREEN WALLEQUIPMENT SCREEN WALL ELEVATION LEGEND PRECAST CONCRETE PANEL OR SIMILAR - LIGHT GREYINSULATED METAL PANEL OR SIMILAR - MEDIUM GREYGLAZINGPRECAST CONCRETE EQUIPMENT SCREEN WALL P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NW E S T E L E V A T I O N A-5 0 5 / 3 0 / 2 5I N T E R N A L F A C I N G P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NS O U T H E L E V A T I O N S A-6 0 5 / 3 0 / 2 5 SECOND FLOORSECOND FLOOR T.O. ROOFT.O. ROOF 55' - 0"55' - 0" INSULATED INSULATED METAL PANELMETAL PANEL STOREFRONT STOREFRONT GLAZINGGLAZING METAL CANOPYMETAL CANOPY PRECAST PRECAST CONCRETECONCRETE P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NF R O N T O F H O U S E A-7 0 5 / 3 0 / 2 5 ASHE ROADASHE ROADPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEROUTE 47ROUTE 47BUILDING 3BUILDING 3 BUILDING 8BUILDING 8 BUILDING 9BUILDING 9 BUILDING 10BUILDING 10 BUILDING 13BUILDING 13 BUILDING 14BUILDING 14 SITE ENTRANCE SITE ENTRANCE FROM GALENA ROADFROM GALENA ROADBUILDING 1BUILDING 1 BUILDING 2BUILDING 2 BUILDING 3BUILDING 3 BUILDING 4BUILDING 4 CUSTOMER SUBSTATION BUILDING 5BUILDING 5 BUILDING 6BUILDING 6 BUILDING 7BUILDING 7 BUILDING 8BUILDING 8 BUILDING 9BUILDING 9 BUILDING 10BUILDING 10 BUILDING 11BUILDING 11 BUILDING 14BUILDING 14 BUILDING 12BUILDING 12 BUILDING 13BUILDING 13 SITE SITE ENTRANCEENTRANCE SITE SITE ENTRANCEENTRANCE SITE SITE ENTRANCEENTRANCE GALENA ROADGALENA ROAD ROUTE 47ROUTE 47CUSTOMER SUBSTATION UTILITY SWITCHYARD P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NS I T E E L E V A T I O N A-8 0 5 / 3 0 / 2 5SCALE: 1" = 300'-0"1SOUTH SITE ELEVATION - FROM GALENA ROAD GALENA ROADGALENA ROADPROPERTY LINEPROPERTY LINEBUILDING 14BUILDING 14 BASELINE ROADBASELINE ROADPROPERTY LINEPROPERTY LINEBUILDING 12BUILDING 12 BUILDING 7BUILDING 7 BUILDING 1BUILDING 1BUILDING 4BUILDING 4BUILDING 5BUILDING 5BUILDING 6BUILDING 6BUILDING 7BUILDING 7ROUTE 47ROUTE 47PROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEASHE ROADASHE ROAD SITE ENTRANCE FROM SITE ENTRANCE FROM BASELINE ROADBASELINE ROADGALENA ROADGALENA ROADPROPERTY LINEPROPERTY LINEBASELINE ROADBASELINE ROADPROPERTY LINEPROPERTY LINEBUILDING 3BUILDING 3BUILDING 2BUILDING 2BUILDING 1BUILDING 1 SITE ENTRANCE FROM SITE ENTRANCE FROM ASHE ROADASHE ROADP R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NS I T E E L E V A T l O N A-9 0 5 / 3 0 / 2 5SCALE: 1" = 300'-0"2EAST SITE ELEVATION - FROM ROUTE 47 SCALE: 1" = 300'-0"3NORTH SITE ELEVATION - FROM BASELINE ROAD SCALE: 1" = 300'-0"1WEST SITE ELEVATION - FROM ASHE ROAD 13737 Noel Road Suite 700 | Dallas, TX 75240 | burnsmcd.com Methodology Memorandum Project Understanding The proposed industrial development is in the City of Yorkville and District 3 of the Illinois Department of Transportation. The site is generally located south of Baseline Road, North of Galena Road, east of Elda main Road, and west of IL 47. The project site is adjacent to both City and State maintained roadways which will require coordination with both interties. The purposes of the Traffic Impact Analysis (TIA) are to evaluate proposed traffic conditions under build and no-build conditions as it pertains to the proposed development. The TIA will be developed in accordance with the TIA Guidelines contained within the Yorkville, IL Unified Development Ordinance. The proposed scope of services will be performed for normal operating time periods and peak operating time periods. Scope of Services The following sections detail the proposed scope of work. The following guidelines will be followed in the preparation of the traffic impact analysis: · Highway Capacity Manual, 7th Edition · Institute of Transportation Engineers Trip Generation Manual, 11th Edition · Yorkville, IL Unified Development Ordinance Traffic Study Guidelines · IDOT Bureau of Design and Environmental Manual Project Information The proposed project site consists of approximately 1,000 acres of Data Center and supporting utility land uses. Two sizes of Data Center buildings are planned for the proposed development, consisting of fourteen (14) total buildings. These include: - Eleven (11) Data Centers at approximately 1,361,200 SF each - Three (3) Data Centers at approximately 780,000 SF each The proposed project site location in relation to Yorkville, IL and Montgomery, IL is shown in Figure 1. A Preliminary Site Plan is shown in Figure 2, depicting general footprint and proposed access locations for the development. Figure 1: Project Site Location 13737 Noel Road Suite 700 | Dallas, TX 75240 | burnsmcd.com Definition of the Study Area The proposed project site is abutted by three IDOT classified roadways and one locally classified roadway, including: · Hwy 47 – Classified as a Other Principal Arterial by IDOT · Galena Road – Classified as a Minor Arterial by IDOT · Ashe Road – Classified as a Minor Arterial by IDOT · Baseline Road – Classified as a Local Street by IDOT Figure 3 depicts the surrounding roadways as classified by IDOT. Figure 3: IDOT Roadway Classifications Additionally, abutting roadways to the project site are maintained by the following agencies, according to the IDOT Roadway Jurisdiction Map: · Hwy 47 – Maintained by IDOT · Galena Road – Maintained by Kendall County · Ashe Road – Maintained by Kendall County · Baseline Road – Maintained by Yorkville, IL Traffic Data Collection Traffic data collection will be performed for the periods from 7:00 AM-9:00 AM and 4:00 PM-6:00 PM at the following locations: · Study Int #1 – Eldamain Road at Baseline Road · Study Int #2 – IL 47 at Baseline Road · Study Int #3 – IL 47 at Galena Road · Study Int #4 – Eldamain Road at Galena Road Trip Generation Data Trips generated by the proposed development were calculated based upon the intended land use and density. Generated trips were calculated per Institute of Transportation Engineers (ITE) trip generation methodologies utilizing the current ITE Trip Generation Manual, 11th Edition. For the purposes of this assessment, Land Use Code 160 – Data Center was referenced. Table 1summarizes resulting trip generation projections for the proposed development considering each building’s respective size and quantity. 13737 Noel Road Suite 700 | Dallas, TX 75240 | burnsmcd.com Table 1: ITE Trip Generation Calculations Development Units AM Hour PM Hour Number of Buildings KSF Daily* Total* In* Out* Total* In** Out** 11 1,361.2 1,348 171 94 77 144 43 101 3 780 772 96 53 43 80 24 56 Total 17,144 2,169 1,193 976 1,824 545 1,279 Note: Trip Generation Calculations Presented per Building * Average Rate - Referenced Average Rate Equation based on few numbers of studies and less than 0.75 R2 - Weekday: Trips = 0.99 x (Units) - Weekday, AM Peak Hour of Adjacent Street: Trips = 0.11 x (Units) - Weekday, PM Peak Hour of Adjacent Street: Trips = 0.09 x (Units) ** Fitted Curve – Referenced Fitted Curve Equation based on an R2 greater than 0.75 - Weekday, AM Peak Hour of Adjacent Street: Trips = 0.13 x (Units) – 5.63 - Weekday, PM Peak Hour of Adjacent Street: Trips = 0.11 x (Units) – 5.65 Trip Distribution Assumptions Trip distribution for the Traffic Study will be approached through review of historical traffic volumes and collected intersection turning movement counts and based on the weighting of traffic demand from currently serviced volumes. Figure 4 depicts the most recent average daily traffic volume data available on IDOT’s online data portal. Figure 4: IDOT Average Annual Daily Traffic Volume [Accessed March 13th, 2025] Background Growth Rate Determination Future background traffic volume growth is anticipated to be based on correspondence with the Chicago Metropolitan Agency for Planning (CMAP). Following the Traffic Study Scoping Meeting, a request for CMAP growth rates will be prepared. No other area developments are known at this time. Potential area developments that could impact the study area will be requested during the Traffic Study Scoping Meeting. 13737 Noel Road Suite 700 | Dallas, TX 75240 | burnsmcd.com Intersection Capacity Analysis Intersection capacity analysis will be performed to Highway Capacity Manual methodologies using TrafficWare Synchro version 12. Analysis output files will be provided within the appendix of the report. A target LOS of D or better will be referenced for the purpose of considering traffic mitigation strategies. As part of the Traffic Study Scoping meeting, existing traffic signal timing sheets within the study area will be requested. In the event that traffic signal timings are not made available, the project team will reference the collected video-based traffic counts to observe typical existing traffic signal cycle-lengths and optimize software traffic signal timings to the phasing splits. Traffic Analysis Development The Traffic Study will be prepared according to the following outline: I. Introduction II. Project Conditions a. Land Uses b. Roadway System c. Traffic volumes d. Proposed Development i. Land Use Development ii. Roadway Development III. Traffic Forecasts a. Project Traffic Volumes i. Trip Generation ii. Trip Distribution and Assignment b. Background Traffic Volumes c. Future Traffic Volumes IV. Traffic Analysis a. Auxiliary Lane Analysis b. Traffic Signal Warrant Analysis (if necessary) c. Capacity Analysis i. Existing Scenario ii. Background Scenario iii. Future with Project Scenario iv. Potential Mitigation Scenario d. Queue Length Analysis e. Site Circulation f. Proposed Lane Configuration V. Conclusions 1 April 11, 2025 United City of Yorkville County Seat of Kendall County 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-8545 Website: www.yorkville.il.us Mr. Matt McCarron (VIA E-MAIL MATT@CIRRUSFARMS.COM) Pioneer Development, LLC 30 N. Gould Street #38989 Sheridan, Wyoming 82801 RE: Project Cardinal Data Center – Annex, Rezone, PUD & Preliminary PUD Plan Approval Plan Council Meeting Follow-Up Dear Mr. McCarron, This correspondence is intended to follow-up on the recent Plan Council meeting held yesterday to discuss the applications for Annexation, Rezone (Map Amendment), Preliminary PUD Plan, and Planned Unit Development (PUD) approval for the above referenced project. Per that discussion, below are the comments presented during the meeting for which additional information, and/or a written response was requested. GENERAL APPLICATION COMMENTS: 1. Petitioner will provide updated Exhibit ‘B” to applications adding the fourteen (14) parcels and property owners within 500 feet of the subject property located within Kane County. Zoning counsel has updated Exhibit B to include all required Kane County parcels and property owners within 500 feet. GENERAL ANNEXATION COMMENTS: 2. Petitioner will provide updated applications or ownership status related to the Schramm parcels along IL Rte. 47 (#02-04-100-014 and #02-04-100-009), as well as the two (2) residential parcels located on Baseline Road (#02-05-200-004 Maldonado and #02-05-200-001 Rakas). We are actively negotiating with all three referenced landowners. These parcels are reserved strictly as buffer areas with related landscaping. No facilities will be constructed on these parcels, and they are not required for the development or operation of our project. PRELIMINARY PUD PLAN COMMENTS: 3. Petitioner will provide a detailed phasing schedule table as a separate document or be depicted on a revised Site Plan. The intended phasing schedule is included on the updated site plan. 2 Petitioner will provide dimensioned distances in feet (US) of proposed data center buildings/structures to the adjacent property lines on a revised Site Plan. Surveyed dimensioned setbacks from proposed buildings to adjacent property lines are in preparation and will be submitted prior to the hearing. Preliminary distances are shown on the updated site plan. 4. Petitioner will provide dimensioned distances in feet (US) of proposed data center buildings/structures to the nearest existing residential or commercial structures on a revised Site Plan. An exhibit showing dimensioned distances from proposed buildings to property lines is being prepared and will be provided prior to the public hearing. Preliminary distances are included on the updated site plan. Petitioner will confirm if they intend to meet the recommended maximum overall height for data center buildings within 1,500 feet of a residential structure be 70 feet, inclusive of rooftop equipment, or if they intend to proceed with the currently proposed 78-foot overall building height Our current site plan proposes a maximum building height of 55 feet, with rooftop mechanical equipment fully screened by architecturally integrated parapets, resulting in an aesthetically cohesive total height of approximately 78 feet for buildings within 1,500 feet of existing residential structures. Given the substantial setbacks already incorporated, we believe the proposed blanket 70-foot height restriction across this entire buffer is unnecessarily restrictive. We are committed to providing similarly integrated parapet screening for all buildings within this buffer to ensure visual consistency and minimize impacts. For context, data centers in Ashburn, Virginia commonly reach heights of approximately 80 feet, typically with residential setbacks around 250–300 feet. Similarly, Elk Grove Village recently approved a data center campus with building heights up to 120 feet and residential setbacks ranging from approximately 175 to 300 feet. Based on these precedents, our proposed building heights, substantial setbacks, and consistent architectural screening clearly align with or exceed established industry and regional standards. 3 5. Petitioner will confirm if they intend to accommodate the recommended extension of E. Beecher Road north through the project site to Baseline Road and aligning with Mighell Road. The extension of E. Beecher Road through the site will not be accommodated. 6. Petitioner will address roadway alignments recommended by City Engineer on a revised Site Plan (Note: attached is the Floodplain Exhibit referenced in the initial Engineering Review letter dated April 4, 2025 prepared by EEI, but not included). Our engineering team is in ongoing discussions with Kendall County regarding site access and roadway alignments. Any revisions resulting from this coordination will be provided when available. 7. Petitioner will indicate the recommended easements for trails and proposed sidewalks on an updated Site Plan. Necessary site plan adjustments have been made to accommodate this request. 8. Petitioner will confirm if they intend to install the infrastructure for the required minimum 104 electric vehicle charging stations. If so, must be noted in the Parking Data table on revised Site Plan. If not, Petitioner to confirm the number of electric vehicle (EV) charging stations proposed, if any, and the City will provide an estimate of cost per installation for fee-in-lieu. The campus will accommodate 104 EV charging stations. Fee-in-lieu will be paid for any stations not installed, consistent with City requirements. 9. Petitioner will provide a traffic study and traffic management plan. A preliminary traffic study memo has been provided. The full traffic study and management plan are currently in progress and will be submitted prior to the public hearing. We do not anticipate that any adjustments to ingress or egress locations will materially impact the preliminary study’s findings. 10. Petitioner shall provide a landscape detail on a revised Site Plan or separate Landscape Plan indicating the proposed areas they seek relief from the recommended eight (8) foot tall berm within the required 100-foot landscape buffer. Architectural renderings or illustrative view shed exhibits are highly recommended to demonstrate the proposed vegetative screening in the areas seeking relief. An undulating berm with a minimum height of 8 feet will be provided where required. In areas where achieving full berm height is not feasible (e.g., utility corridors), alternate landscape screening will be implemented. Updated exhibits and renderings have been provided. 11. Petitioner shall provide building elevation plans detailing proposed exterior building materials and illustrating a revised façade incorporating greater architectural articulation, variation in materials, and a more dynamic color palette. This is highly recommended for buildings visible from Route 47 as well as those buildings which might have frontage along a central roadway should E. Beecher go through the site. Updated architectural elevations and renderings have been provided. 12. Petitioner shall provide a pre-construction/existing conditions noise study of subject property and narrative of mitigation steps they intend to employ to ensure compliance with the City’s noise ordinance standards. We acknowledge the City’s updated request for a comprehensive noise study dated 5/30. As previously noted, given ongoing refinements to our preliminary site plan, it is not practical or feasible to conduct this study at this stage. Additionally, we have concerns that introducing new requirements after our application has already been submitted, particularly given that our preliminary entitlement is scheduled for consideration within a month, is neither typical nor equitable. It is standard industry and municipal practice for detailed noise studies to be conducted prior to permitting, not during preliminary approvals, especially since equipment specifications continue to evolve. By the time we procure mechanical equipment in the coming years, advances in noise mitigation technology may further reduce potential noise impacts. Consistent with this practice, a detailed third-party consultant noise report will be provided prior to permitting once the site plan and equipment details are finalized. Our current plans already incorporate significant setbacks, undulating berms, enhanced landscaping, and 4 precast equipment screening added in response to feedback, and we do not anticipate any compliance issues with the City’s noise ordinance. 13. Petitioner shall provide more detailed information regarding the size, placement, and intended use for proposed water tanks south of the Data Center development. Given our recent transition to a waterless design, we no longer propose water tanks on the parcel south of Galena. This parcel remains reserved on the updated site plan for potential future utility use, subject to separate approval, and will remain open green space in the interim. Petitioner shall provide a photometric plan for the intended data center and water tank sites. A preliminary photometric plan complying with City requirements is being prepared and will be submitted prior to the public hearing. DEVELOPMENT OFFSETS: 14. Petitioner is requested to provide the planned average and maximum day water use for the development. The anticipated sanitary sewer flows should also be provided. These numbers will then be used to determine the infrastructure needed to serve this development. Previously provided water and sewer demand figures reflect the project’s maximum anticipated usage. Petitioner is requested to provide estimates of utility taxes and property taxes expected to be generated per building. At full buildout, estimated annual property tax revenue is approximately $60,000 per acre and annual utility tax revenue approximately $100,000 per acre. These estimates may be adjusted based on applicable Illinois Data Center Investment Program exemptions or other negotiated incentives. Regarding the requested contributions for entryway/gateway signage, regional park development, and other discussed community investments, staff plans to provide a total estimated amount and a per-acre fee for each data center developer, proportionate to the scale and impact of their respective developments. A detailed estimate from the City is forthcoming and will be provided to the Petitioner in advance of the EDC meeting for their consideration. We are awaiting City estimates for park development, signage, and related community investments. These contributions will be addressed in a separate agreement prior to permitting. COMMUNITY MEETING COMMENTS: 15. While not discussed in the meeting, per Section 10-8-5-B-1-a of the Unified Development Ordinance, a community meeting conducted by the petitioner of area/neighborhood property owners, explaining the proposed data center campus development, at their own expense and at a location of their choosing may be required prior to the Planning and Zoning Commission public hearing date. a. Accordingly, the Petitioner will reach out to homeowners in the Bristol Bay Subdivision (east), Equestrian Estates at Legacy Farms (west), and various adjacent properties along Baseline Road, Eldamain Road, and Galena Road prior to the City Council and Planning 5 and Zoning Commission (PZC) public hearings to present the plan and gather feedback from residents. We have conducted a meeting with Equestrian Estates, and the Bristol Bay meeting has been rescheduled to 6/5 due to a scheduling conflict with their board. We remain receptive to community feedback and committed to working with stakeholders to address concerns and protect neighborhood quality of life. NOTE: The schedule of meetings is tentative in nature. We understand that your internal timeline for producing some of the requested information may extend beyond the proposed meeting schedule and may require adjustments; however, staff intends to work collaboratively to maintain progress and align timelines as closely as possible to keep the review process moving forward. 1 April 11, 2025 United City of Yorkville County Seat of Kendall County 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-8545 Website: www.yorkville.il.us Mr. Matt McCarron (VIA E-MAIL MATT@CIRRUSFARMS.COM) Pioneer Development, LLC 30 N. Gould Street #38989 Sheridan, Wyoming 82801 RE: Project Cardinal Data Center – Annex, Rezone, PUD & Preliminary PUD Plan Approval Plan Council Meeting Follow-Up Dear Mr. McCarron, This correspondence is intended to follow-up on the recent Plan Council meeting held yesterday to discuss the applications for Annexation, Rezone (Map Amendment), Preliminary PUD Plan, and Planned Unit Development (PUD) approval for the above referenced project. Per that discussion, below are the comments presented during the meeting for which additional information, and/or a written response was requested. GENERAL APPLICATION COMMENTS: 1. Petitioner will provide updated Exhibit ‘B” to applications adding the fourteen (14) parcels and property owners within 500 feet of the subject property located within Kane County. Zoning counsel has updated Exhibit B to include all required Kane County parcels and property owners within 500 feet. GENERAL ANNEXATION COMMENTS: 2. Petitioner will provide updated applications or ownership status related to the Schramm parcels along IL Rte. 47 (#02-04-100-014 and #02-04-100-009), as well as the two (2) residential parcels located on Baseline Road (#02-05-200-004 Maldonado and #02-05-200-001 Rakas). We are actively negotiating with all three referenced landowners. These parcels are reserved strictly as buffer areas with related landscaping. No facilities will be constructed on these parcels, and they are not required for the development or operation of our project. PRELIMINARY PUD PLAN COMMENTS: 3. Petitioner will provide a detailed phasing schedule table as a separate document or be depicted on a revised Site Plan. The intended phasing schedule is included on the updated site plan. 2 Petitioner will provide dimensioned distances in feet (US) of proposed data center buildings/structures to the adjacent property lines on a revised Site Plan. Surveyed dimensioned setbacks from proposed buildings to adjacent property lines are in preparation and will be submitted prior to the hearing. Preliminary distances are shown on the updated site plan. 4. Petitioner will provide dimensioned distances in feet (US) of proposed data center buildings/structures to the nearest existing residential or commercial structures on a revised Site Plan. An exhibit showing dimensioned distances from proposed buildings to property lines is being prepared and will be provided prior to the public hearing. Preliminary distances are included on the updated site plan. Petitioner will confirm if they intend to meet the recommended maximum overall height for data center buildings within 1,500 feet of a residential structure be 70 feet, inclusive of rooftop equipment, or if they intend to proceed with the currently proposed 78-foot overall building height Our current site plan proposes a maximum building height of 55 feet, with rooftop mechanical equipment fully screened by architecturally integrated parapets, resulting in an aesthetically cohesive total height of approximately 78 feet for buildings within 1,500 feet of existing residential structures. Given the substantial setbacks already incorporated, we believe the proposed blanket 70-foot height restriction across this entire buffer is unnecessarily restrictive. We are committed to providing similarly integrated parapet screening for all buildings within this buffer to ensure visual consistency and minimize impacts. For context, data centers in Ashburn, Virginia commonly reach heights of approximately 80 feet, typically with residential setbacks around 250–300 feet. Similarly, Elk Grove Village recently approved a data center campus with building heights up to 120 feet and residential setbacks ranging from approximately 175 to 300 feet. Based on these precedents, our proposed building heights, substantial setbacks, and consistent architectural screening clearly align with or exceed established industry and regional standards. 3 5. Petitioner will confirm if they intend to accommodate the recommended extension of E. Beecher Road north through the project site to Baseline Road and aligning with Mighell Road. The extension of E. Beecher Road through the site will not be accommodated. 6. Petitioner will address roadway alignments recommended by City Engineer on a revised Site Plan (Note: attached is the Floodplain Exhibit referenced in the initial Engineering Review letter dated April 4, 2025 prepared by EEI, but not included). Our engineering team is in ongoing discussions with Kendall County regarding site access and roadway alignments. Any revisions resulting from this coordination will be provided when available. 7. Petitioner will indicate the recommended easements for trails and proposed sidewalks on an updated Site Plan. Necessary site plan adjustments have been made to accommodate this request. 8. Petitioner will confirm if they intend to install the infrastructure for the required minimum 104 electric vehicle charging stations. If so, must be noted in the Parking Data table on revised Site Plan. If not, Petitioner to confirm the number of electric vehicle (EV) charging stations proposed, if any, and the City will provide an estimate of cost per installation for fee-in-lieu. The campus will accommodate 104 EV charging stations. Fee-in-lieu will be paid for any stations not installed, consistent with City requirements. 9. Petitioner will provide a traffic study and traffic management plan. A preliminary traffic study memo has been provided. The full traffic study and management plan are currently in progress and will be submitted prior to the public hearing. We do not anticipate that any adjustments to ingress or egress locations will materially impact the preliminary study’s findings. 10. Petitioner shall provide a landscape detail on a revised Site Plan or separate Landscape Plan indicating the proposed areas they seek relief from the recommended eight (8) foot tall berm within the required 100-foot landscape buffer. Architectural renderings or illustrative view shed exhibits are highly recommended to demonstrate the proposed vegetative screening in the areas seeking relief. An undulating berm with a minimum height of 8 feet will be provided where required. In areas where achieving full berm height is not feasible (e.g., utility corridors), alternate landscape screening will be implemented. Updated exhibits and renderings have been provided. 11. Petitioner shall provide building elevation plans detailing proposed exterior building materials and illustrating a revised façade incorporating greater architectural articulation, variation in materials, and a more dynamic color palette. This is highly recommended for buildings visible from Route 47 as well as those buildings which might have frontage along a central roadway should E. Beecher go through the site. Updated architectural elevations and renderings have been provided. 12. Petitioner shall provide a pre-construction/existing conditions noise study of subject property and narrative of mitigation steps they intend to employ to ensure compliance with the City’s noise ordinance standards. We acknowledge the City’s updated request for a comprehensive noise study dated 5/30. As previously noted, given ongoing refinements to our preliminary site plan, it is not practical or feasible to conduct this study at this stage. Additionally, we have concerns that introducing new requirements after our application has already been submitted, particularly given that our preliminary entitlement is scheduled for consideration within a month, is neither typical nor equitable. It is standard industry and municipal practice for detailed noise studies to be conducted prior to permitting, not during preliminary approvals, especially since equipment specifications continue to evolve. By the time we procure mechanical equipment in the coming years, advances in noise mitigation technology may further reduce potential noise impacts. Consistent with this practice, a detailed third-party consultant noise report will be provided prior to permitting once the site plan and equipment details are finalized. Our current plans already incorporate significant setbacks, undulating berms, enhanced landscaping, and 4 precast equipment screening added in response to feedback, and we do not anticipate any compliance issues with the City’s noise ordinance. 13. Petitioner shall provide more detailed information regarding the size, placement, and intended use for proposed water tanks south of the Data Center development. Given our recent transition to a waterless design, we no longer propose water tanks on the parcel south of Galena. This parcel remains reserved on the updated site plan for potential future utility use, subject to separate approval, and will remain open green space in the interim. Petitioner shall provide a photometric plan for the intended data center and water tank sites. A preliminary photometric plan complying with City requirements is being prepared and will be submitted prior to the public hearing. DEVELOPMENT OFFSETS: 14. Petitioner is requested to provide the planned average and maximum day water use for the development. The anticipated sanitary sewer flows should also be provided. These numbers will then be used to determine the infrastructure needed to serve this development. Previously provided water and sewer demand figures reflect the project’s maximum anticipated usage. Petitioner is requested to provide estimates of utility taxes and property taxes expected to be generated per building. At full buildout, estimated annual property tax revenue is approximately $60,000 per acre and annual utility tax revenue approximately $100,000 per acre. These estimates may be adjusted based on applicable Illinois Data Center Investment Program exemptions or other negotiated incentives. Regarding the requested contributions for entryway/gateway signage, regional park development, and other discussed community investments, staff plans to provide a total estimated amount and a per-acre fee for each data center developer, proportionate to the scale and impact of their respective developments. A detailed estimate from the City is forthcoming and will be provided to the Petitioner in advance of the EDC meeting for their consideration. We are awaiting City estimates for park development, signage, and related community investments. These contributions will be addressed in a separate agreement prior to permitting. COMMUNITY MEETING COMMENTS: 15. While not discussed in the meeting, per Section 10-8-5-B-1-a of the Unified Development Ordinance, a community meeting conducted by the petitioner of area/neighborhood property owners, explaining the proposed data center campus development, at their own expense and at a location of their choosing may be required prior to the Planning and Zoning Commission public hearing date. a. Accordingly, the Petitioner will reach out to homeowners in the Bristol Bay Subdivision (east), Equestrian Estates at Legacy Farms (west), and various adjacent properties along Baseline Road, Eldamain Road, and Galena Road prior to the City Council and Planning 5 and Zoning Commission (PZC) public hearings to present the plan and gather feedback from residents. We have conducted a meeting with Equestrian Estates, and the Bristol Bay meeting has been rescheduled to 6/5 due to a scheduling conflict with their board. We remain receptive to community feedback and committed to working with stakeholders to address concerns and protect neighborhood quality of life. NOTE: The schedule of meetings is tentative in nature. We understand that your internal timeline for producing some of the requested information may extend beyond the proposed meeting schedule and may require adjustments; however, staff intends to work collaboratively to maintain progress and align timelines as closely as possible to keep the review process moving forward. GarritanoSt Brist o l BayDr US Route30Baseline Rd Be r tra m D r NBridgeStGalenaRdAs h e R d E Beecher RdW Beecher RdEldamain Rd653 650 651 648 649 652 651 652 648 649 650 653 Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 PROJECT CARDINALFLOODPLAIN EXHIBIT www.eeiweb.com DATE DATE: PROJECT NO.: FILE: PATH: BY: MARCH 2025 YO2451 YO2451_Project_Cardinal_Floodplain.mxd H:\GIS\PUBLIC\YORKVILLE\2024\ PGW2 NO.REVISIONS ³United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 630-553-4350www.yorkville.il.us 600 0300 Feet Legend RobRoyFIS_BFElines Zone AE Floodplain Floodway Soundscape Engineering 3711 N. Ravenswood Ave., Ste. 104 • Chicago, IL 60613 • (312) 436-0032 729 W. Ann Arbor Trl., Ste. 150 • Plymouth, MI 48170 • (734) 418-8663 www.SoundscapeEngineering.com MEMORANDUM April 7, 2025 To: Krysti J. Barksdale-Noble, Community Development Director, United City of Yorkville, knoble@yorkville.il.us From: Aimee Lalime, INCE Bd. Cert. Nathan Sevener, INCE Bd. Cert. Re: Project Cardinal Proposed Data Center Campus and On-site Substations Development Preliminary Comments on Potential Noise Transmission to the Community Per Soundscape Engineering’s consulting services contract with the United City of Yorkville, we are providing the following preliminary comments regarding potential noise transmission from the proposed development of a data center campus with on-site substations to the surrounding community. At this time, there is insufficient Project information available to allow calculation of noise transmission from the proposed Development to the surrounding community. However, based on our experience, review of the Preliminary PUD Plan dated 3/14/25, and the uses of the properties near the proposed site, we can provide the following comments for your consideration. 1. Chapter 4 of the Yorkville Code of Ordinances restricts noise transmission to both residential and commercial land uses. The limit on sound transmission to residential land uses during the nighttime is the most restrictive (50 dBA). Since the proposed Data Center Campus can be expected to operate during both daytime and nighttime, nighttime sound level limits will need to be considered when evaluating noise transmission from the proposed Data Center Campus. 2. In our experience, the primary noise sources associated with Data Centers are the electrical power generators and the cooling equipment. 3. The Applicant should note, in particular, that the Noise Ordinance includes a 10 dB sound level limit penalty for noise that is tonal in character. Some types of cooling equipment, such as chillers, can emit tonal noise. 4. There is a large residential development within Yorkville limits (Bristol Bay condos) located approximately 1300 ft east of the closest building on the proposed Project Cardinal Campus; 900 feet of this distance is a setback within the proposed project site. For properties at this distance, it may be difficult for the Data Center Campus to comply with the City’s Noise Ordinance. 5. The closest residential land use within the City of Yorkville is 800 feet south of the proposed data center property line at 10346 Galena Road. With concerted effort, it might be possible for the Data Center Campus to comply with the City’s Noise Ordinance. This location is of particular concern to us due to its proximity to the proposed development. Project Cardinal Data Center – Preliminary Comments April 7, 2025 SE No. 2312 Page 2 of 2 Soundscape Engineering 3711 N. Ravenswood Ave., Ste. 104 • Chicago, IL 60613 • (312) 436-0032 729 W. Ann Arbor Trl., Ste. 150 • Plymouth, MI 48170 • (734) 418-8663 www.SoundscapeEngineering.com 6. Based on our noise control engineering experience and review of similar-sized data center campuses, the project will need to consider noise control early in the design, using thoughtful site planning, locating cooling equipment and generators as far as possible from residents, and selecting low-noise equipment. Since the nighttime ordinance is more stringent, it may be necessary for some of the equipment to be programmed to operate at quieter, but less efficient, operating modes during nighttime hours. In addition to equipment selection, load settings, and siting, meeting the noise ordinance may also require noise control screening, compressor wraps, or other approaches for the outdoor cooling equipment. Noise control enclosures and mufflers will most likely be needed for the generators. 7. The Applicant should provide a noise impact assessment report for review by the City. The report should describe how the assessment was performed, list the specific noise-generating equipment associated with operation of the Data Center Campus and On-site Substation, describe any noise control approaches and equipment that will be included in the project design, and confirm that the City’s noise ordinance will be met. Noise source data for the cooling equipment shall be based on actual sound level measurements of the specific equipment planned for the project, made in accordance with nationally recognized standards, not on interpolated, extrapolated, or otherwise calculated sound levels. 8. The City should consider whether it wishes to require the applicant to perform post-construction acoustic testing to demonstrate compliance with the noise ordinance. 9. We understand that some members of the community are concerned about noise emissions from the planned data center campus. The community noise ordinance protects Yorkville residents by limiting noise transmission to residential land uses to 60 dBA during the day and 50 dBA at night. In addition, tonal noise sources are required to be 10 dBA below those values (50 dBA daytime and 40 dBA at night). For reference, the Route 47 traffic noise at the closest Bristol Bay condos (400’ from the roadway) is estimated to be as low as 55 dBA at night and as high as 63 dBA during the day. This suggests that residences located near busy roadways will not experience a significant impact from data center noise. 10. Our comments are only in relation to the City of Yorkville noise ordinance and do not consider compliance relative to any other jurisdictions, including Kendall County, Kane County, or the Illinois Pollution Control Board. 11. Similarly, our comments are focused on residential and commercial land uses that are currently within the City of Yorkville. There are, however, several single-family residences located very near the proposed development that are not currently within the City of Yorkville. These residences are located immediately across the road to the North, South, and West of the proposed Data Center Campus on Baseline, Galena, and Ashe Roads. **END OF MEMORANDUM** Soundscape Engineering 3711 N. Ravenswood Ave., Ste. 104 • Chicago, IL 60613 • (312) 436-0032 729 W. Ann Arbor Trl., Ste. 150 • Plymouth, MI 48170 • (734) 418-8663 www.SoundscapeEngineering.com MEMORANDUM April 21, 2025 To: Krysti J. Barksdale-Noble, Community Development Director, United City of Yorkville, knoble@yorkville.il.us From: Aimee Lalime, INCE Bd. Cert. Nathan Sevener, INCE Bd. Cert. Re: Project Cardinal Proposed Data Center Campus and On-site Substations Development Follow-Up to Acoustics Questions during April 10th Plan Council Meeting On April 10, 2025, the City of Yorkville hosted a pre-plan meeting and a Plan Council meeting to discuss the proposed Project Cardinal Data Center Campus and on-site substation development. Here are our follow-up comments and responses to acoustics-related questions: 1. Will residents near the data center be exposed to health risks due to data center noise? Studies have shown that noise-related stress can cause health risks, but the level of health risk is related to the amplitude of the noise. The city noise ordinance limits noise transmission to residential properties to 60 dBA during the daytime and 50 dBA at night, with these limits being 10 dB more stringent for tonal noise due to its potential for annoyance. These thresholds are consistent with American National Standards Institute (ANSI) standard S12.9 and World Health Organization (WHO) guidelines, which are 50-60 dBA daytime and 45-50 dBA nighttime. The WHO guidelines, in particular, are based on extensive research in noise-related impacts, including health impacts and sleep disturbance. 2. There is a very nice equestrian center located West of the project site. How do horses respond to noise as compared to humans? After researching horses’ response to noise, we found that horses have a wider frequency range of hearing than humans and are likely to be startled by sudden noises due to their prey instinct. There is some evidence that, like humans, horses acclimate to steady or repetitive noises (such as aircraft flyovers or train passbys). Since noises associated with data centers are primarily continuous noises, rather than intermittent or sudden onset noises, we expect the horses will not be more sensitive than humans to this type of noise source. In addition, ANSI S12.9 recommends that noise transmissions to residential land uses be 5-15 dB quieter than riding stables, suggesting that humans are more sensitive to noise than horses. 3. How will the officers determine if the noise is tonal? The City of Yorkville uses Quest Technology Model 210 sound level meters, which do not have the capability needed to determine if a noise source is tonal. The officers would need new sound level meters with third-octave band measurement capability and training in analyzing measurements to determine if a sound is tonal. Project Cardinal Data Center – Plan Council Meeting Follow-up April 21, 2025 SE No. 2312 Page 2 of 2 Soundscape Engineering 3711 N. Ravenswood Ave., Ste. 104 • Chicago, IL 60613 • (312) 436-0032 729 W. Ann Arbor Trl., Ste. 150 • Plymouth, MI 48170 • (734) 418-8663 www.SoundscapeEngineering.com 4. A note regarding equipment placement: The best location for mechanical equipment is on the side of the building opposite the residents, with the rooftop behind sound barrier screens being the next best location. The worst location is on the side of the building closest to residents. It is not necessary to restrict the project from mounting equipment on the roof, as long as the project demonstrates that the ordinance is fully met. 5. Regarding operational conditions: As discussed in the plan council meeting, we recommend an update to item 30.ll.ii in the Plan Council Packet. Instead of requiring the operational noise levels to not exceed the pre-development baseline, we recommend requiring the project to meet the noise ordinance. **END OF MEMORANDUM** 1 I have reviewed the completed applications for Annexation, Rezone, Planned Unit Development (PUD) and Preliminary PUD Plan for Project Cardinal received March 21, 2025 as submitted by Pioneer Development, LLC, Petitioner, as well as conceptual Preliminary PUD site plan dated 03/14/25, exterior building elevations dated03/14/25, and Landscape Plan dated 03/11/25, all prepared by Burns McDonnell, Margulies Hoelzli Architecture and O2. A Traffic Methodology Memo, Preliminary Drainage Memo, and security fencing details dated March 14, 2025 prepared and/or submitted by Burns McDonnell, were also reviewed. The petitioner, as contract purchaser, along with property owners Sanjay and Sameer Gupta, Dale L. Konicek, LLC, and The Konicek Family Limited Partnership, is seeking approval for the annexation of seven (7) parcels totaling 305 acres. These parcels will be part of a larger 1,037-acre development consisting of 21 parcels in total planned for a state-of-the-art data center campus. The request also includes rezoning the area to the M-2 General Manufacturing District, special use authorization for a Planned Unit Development (PUD), and approval of a preliminary PUD Plan which involves the phased construction of fourteen (14) two-story data center buildings totaling over 17 million square feet, two (2) electrical substations, a utility switchyard, and associated stormwater detention basins. Each phase of development will include one data center building, with full campus buildout anticipated within 10 years. As part of the petitioner’s application for Planned Unit Development (PUD), there is a request for thirteen (13) deviations to the Yorkville Unified Development Ordinance (UDO) from the base M-2 General Manufacturing District standards related to bulk and dimensional regulations; energy industrial use requirements; cross access; minimum parking requirements; pedestrian circulation; bicycle parking; off-street loading space requirements; landscaping; screening of mechanical units; fencing; appearance standards; lots; street design improvements and connectivity requirements. Each of these requested deviations will be detailed separately in this review memo under subsequent headings. Based upon my review of the application documents and provided plans, I have compiled the following comments: GENERAL APPLICATION COMMENTS: 1. Staff has reviewed the list of property owners within 500 feet of the subject property prepared by the petitioner and submitted as part of the application and noted several parcels to the north (within Kane County) were not included. a. Attached is a list of the fourteen (14) parcels and property owners that will need to be added to your application and included in you public hearing certified mailing. It is the petitioner’s responsibility to verify the accuracy of the parcels and mailing addresses provided. GENERAL ANNEXATION COMMENTS: 2. SUBJECT PROPERTY - The subject property area for the proposed data center campus is comprised of seven (7) unincorporated parcels totaling 305-acrea and fourteen (14) currently incorporated parcels, totaling approximately 1,037 acres as broken down below: Memorandum To: Plan Council From: Krysti Barksdale-Noble, Community Development Director Date: March 25, 2025 Subject: PZC 2025-08 Project Cardinal – Annex, Rezone, PUD & Prelim Plan SW Corner of Baseline Road & IL 47 west to Eldamain Road Proposed Data Center Campus and On-Site Substation Development 2 PIN ACRES OWNER JURISDICTION 02-05-300-003 136.73 Galena & 47TH LLC, MPLIV10 LLC CITY OF YORKVILLE 02-04-300-032 26.09 CITY OF YORKVILLE 02-04-300-024 1.64 CITY OF YORKVILLE 02-05-400-021 1.28 CITY OF YORKVILLE 02-09-100-031 0.11 CITY OF YORKVILLE 02-09-100-030 1.04 CITY OF YORKVILLE 02-04-100-015 32.89 SANJAY & SAMEER GUPTA CITY OF YORKVILLE 02-05-200-007 0.34 UNINCORPORATED 02-06-100-022 233.79 THE KONICEK FAMILY LIMITED PARTNERSHIP UNINCORPORATED 02-06-200-002 48.60 DALE L. KONICEK, LLC CITY OF YORKVILLE 02-05-400-022 301.61 CITY OF YORKVILLE 02-05-200-006 102.47 CITY OF YORKVILLE 02-04-100-016 11.02 CITY OF YORKVILLE 02-06-400-008 29.89 UNINCORPORATED 02-06-200-003 7.02 UNINCORPORATED 02-05-100-003 7.60 UNINCORPORATED 02-05-100-005 8.54 DALE L. KONICEK, LLC UNINCORPORATED 02-05-400-009 15.78 CITY OF YORKVILLE 02-04-300-018 45.45 CITY OF YORKVILLE 02-04-300-017 7.73 CITY OF YORKVILLE 02-06-400-001 17.79 UNINCORPORATED TOTAL 1037.41 3. MISSING PARCELS – It is noted there are two (2) residential parcels located on Baseline Road (#02-05-200-004 Maldonado and #02-05-200-001 Rakas). Is it the intention of the petitioner to purchase these parcels and incorporate in the overall data center campus plan? Does the petitioner plan to keep the cell tower located on parcel #02-05-200-004? 4. PLAT OF ANNEXATION – A plat of annexation shall be an exhibit to the annexing ordinance. The city engineer will prepare the exhibit. 5. EXISTING PUD DEVELOPMENTS – There are two (2) existing Annexation Agreements/Planned Unit Developments within the proposed subject area for the Project Cardinal data center campus. This includes the Bailey Meadows and Westhaven developments as described below: Development Location Acreage Entitlements Type of Units # of Units Bailey Meadows W of SW Corner of Baseline Rd. & Rte. 47 150 ac. Ord. 2004-40 Annexation Agreement (Expired 7/13/24) Res. 2006-43 Prelim. Plan Approval (Expired 7/13/07) Single Family 189 Townhomes 153 Westhaven NW Corner of Rt. 47 & Galena Rd. 586 ac. Ord. 2005-78 Annexation Agreement (Expires 9/27/25) Ord. 2006-132 Amend. Annex. & PUD Agreement Res. 2007-54 Prelim. Plan & Plat Approval (Expired 10/23/08) SF Age-Restricted 568 DU Age-Restricted 244 Single Family 484 TOTAL 736 ac. TOTAL 1638 3 a. The underlying zoning of the Bailey Meadows development is R-2 Single-Family Traditional Residence District, R-3 Multi-Family Attached Residence District, and B-3 General Business District. b. The underlying zoning of the Westhaven development is R-2 Single-Family Traditional Residence District, R-3 Multi-Family Attached Residence District, and B-3 General Business District. c. Both of these developments account for approximately 70% of the overall subject area, resulting in a “loss” of approximately 1,638 future dwelling units. It should also be noted, the Westhaven development still has an active Annexation Agreement. The approval of any subsequent planned unit development (PUD) agreement will effectively repeal or override these previous entitlements. GENERAL ZONING/REZONING COMMENTS: 6. SUBJECT PROPERTY ZONING – The petitioner is seeking to rezone all twenty-one (21) parcels within the subject area to M-2 General Manufacturing District. a. Per Section 10-3-4 of the Yorkville Unified Development Ordinance (UDO), any territory annexed to the city shall automatically be classified within the R-1 Single- Family Suburban Residential District. Therefore, the petitioner is seeking rezoning these seven (7) parcels to be annexed to the M-2 General Manufacturing District. b. The petitioner is also seeking to rezone the parcels within the Bailey Meadows and Westhaven developments from R-2 Single-Family Traditional Residence District, R- 3 Multi-Family Attached Residence District, and B-3 General Business District to M- 2 General Manufacturing District. 7. SURROUNDING LAND USE & ZONING - The following are the current immediate surrounding zoning and land uses of the subject property: Zoning Land Use North F- Farming District (Kane County) Baseline Road (Rte. 30) Farmland Transportation Land Use East Planned Unit Development (R-2, R-3, R-4, B-3) B-3 General Business District R-3 Multi-Family Attached Residence District N. Bridge Street (Rte. 47) Farmland (Schramm) Farmland (Northgate Commercial) Bristol Bay Subdivision Transportation Land Use South A-1 Agricultural District (Kendall County) M-1 Manufacturing (Kendall County) R-2 Single-Family Traditional Residence District A-1 Agricultural District (Special Use) Galena Road Farmland Vacant Farmland Residential/Outbuilding Land Use Farmland (Yorkville Renewables Solar) Transportation Land Use West A-1 Agricultural District (Kendall County) RPD-1 (Kendall County) Ashe Road Farmland Residential/Equestrian Land Use Transportation Land Use 4 c. Petitioner has provided written responses to the Standards for Rezoning which will be entered into the record during the public hearing process. 8. PERMITTED USES – Per Table 10-3-12 (B) of the Yorkville Unified Development Ordinance (UDO), “data center” and “electric substation” are permitted land uses in the M-2 General Manufacturing District. Data centers are defined as Energy Industrial Uses per Table 10-3-12(B) in the Unified Development Ordinance. d. While no specific land use for a “utility switchyard” is identified within the Unified Development Ordinance, per Section 10-3-12 (A)(5), if a proposed use is not listed in the tables, the Zoning Administrator shall determine if the use is substantially similar to a use listed in the tables. If it is, the use shall be treated in the same manner as the substantially similar use. e. Since a “utility switchyard” is generally defined as “a type of substation that operates at a single voltage level without transformers,” staff considers a “utility switchyard” to be substantially similar to an electric substation and, therefore, a permitted use within the M-2 General Manufacturing District. f. It is also noted on the singular parcel (02-06-400-001) located south of Galena Road totaling 17.75 acres is proposed for six (6) “Future Water Tanks”. i. Private above-ground water tank storage is not identified specifically as a permitted or special use in the M-2 General Manufacturing District. Therefore, staff requests additional information regarding the intended use, operation, overall area, height, and proposed access to this site. Also, will this parcel be gated? This will allow staff determine if this use is substantially similar to other permitted or special uses for the district. PLANNED UNIT DEVELOMEMT (PUD) COMMENTS: 9. PLANNED UNIT DEVELOPMENT STANDARDS – Section 10-8-8 of City’s Unified Development Ordinance (UDO) establishes standards for Planned Unit Development (PUDs). PUDs are allowed to modify standards of the base district as long as the requested modifications are specifically identified and demonstrates how each allowance is compatible with surrounding development, is necessary for proper development of the site, and is aligned with at least one (1) modification standard found in Section 10-8-8D of the UDO. g. The petitioner has identified three (3) modification standard the proposed PUD will meet per Section 10-8-8D. i. Modification Standard #1 “Landscape Conservation and Visual Enhancement”. The Planned Unit Development preserves and enhances existing landscape, trees, and natural features such as rivers, streams, ponds, groves, and landforms. 1. Staff believes this modification standard does not apply, as the subject property currently lacks any existing landscaping or trees, and no natural features have been identified for preservation. ii. Modification Standard #6 “High Quality Building Materials.” The Planned Unit Development utilizes time and weather tested building materials that are of a higher quality than what is otherwise required by this UDO. 5 1. Staff is uncertain if this modification standard applies, however, the petitioner states “ each building will feature architectural treatments that incorporate elements reminiscent of modern warehouse design...including advanced glazing, refined articulation, precast concrete walls, and metal elements.” iii. Modification Standard #11 “Funding or Construction of Public Roadways”. The Planned Unit Development includes the construction of roadways adjacent to the subject site as planned in the City of Yorkville Comprehensive Plan, Kendall County Long-Range Transportation Plan, or another transportation plan adopted by a local, County, or regional entity. 1. Staff believes this modification standard does apply, as the proposed development will be required to make roadway improvements to at least the intersection of Baseline Road (Rte. 30) and Ashe Road. iv. Modification Standard #12 “Regional Utility Improvements”. The Planned Unit Development involves the construction of a utility improvement identified in the City or Yorkville Comprehensive Plan or other policy document adopted by a local, County, or regional entity. 1. Staff believes this modification standard does apply, as the proposed development will be required to install large diameter public utilities (water and sanitary) to the property. h. The petitioner has provided written responses to the standards for special use and for Planned Unit Development (PUD) which will be entered into the record during the public hearing process. PRELIMINARY PUD PLAN COMMENTS: 10. PRELIMINARY PLAN APPROVAL – Per Section 10-8-6. Subdivision Procedures of the Unified Development Ordinance, approval of the Preliminary Plan is tentative only and shall be effective for a period of twelve (12) months. i. However, Section 10-8-8-H of the Unified Development Ordinance Expiration and Lapse of Approval states, any Planned Unit Development in which there has been no Building Permit issued nor any portion of the property platted after three (3) years since approval by the City Council, the Planned Unit Development shall be considered null and void and shall be brought back before the Planning and Zoning Commission and the City Council for consideration prior to any development on the property. The underlining zoning of the Planned Unit Development shall not expire, only the Planned Unit Development overlay shall expire. j. Therefore, staff interprets the expiration of the Preliminary PUD Plan is three (3) years after approval of the Planned Unit Development if no portion of the property is final platted. 11. PROPOSED PHASING SCHEDULE – The petitioner proposes to develop the subject property in fourteen (14) phases over an estimated ten (10) year period, with each phase anticipated to include one (1) building. According to the Project Cardinal narrative, each building is expected to become operational within 24 months of its groundbreaking. 6 k. It is unclear if phasing will occur in numerical order of the depicted buildings on the Site Plan (e.g., Building #1 will be Phase 1, Building #2 will be Phase 2, etc.). l. Staff recommends the phasing plan be implemented to minimize impacts on nearby residential structures by prioritizing initial development at the farthest distance from existing residential structures. m. The petitioner must provide a detailed phasing schedule table as a separate document or be depicted on the Site Plan for specificity within the PUD agreement. 12. BUILDING SETBACKS/BUILDING SEPARATION – Per the Table 10-3-9(A) Bulk and Dimensional Standards, the following compares current M-2 General Manufacturing District building setback standards with the proposed Planned Unit Development (PUD) requested modifications (Deviation #1): BUILDING SETBACKS REQUIRED MINIMUM SETBACKS M-2 DISTRICT PROPOSED MINIMUM SETBACKS SITE PLAN* FRONT YARD (Bridge Street/IL Rte. 47) 25’ 25’ SIDE YARD (North – Baseline Road/South- Galena Road) Min. 10% of lot/Max. 20’ 20’ REAR YARD (Ashe Road) 0’ 0’ *The petitioner is seeking to have the setbacks apply only to the boundary/perimeter of the subject property rather than each individual building on the site. For the purposes of the perimeter setbacks, the petitioner is requesting Bridge Street/IL Rte. 47 is the established front yard and Ashe Road is the established rear yard. a. It appears most buildings on the Site Plan exceed the required minimum building setbacks for the M-2 District. 1. Please provide dimensioned distances in feet (US) of proposed buildings to the adjacent property lines. b. Does the petitioner anticipate consolidating the various parcels into a single zoning lot or will the parcels be resubdivided for each building/user? 1. Regardless on the future platting of the data center campus, City Council approval will be required for any Final Plat. Therefore, is the petitioner seeking a zero (0) foot building setback for all yards on the future plats, as Section 10-8-6-C-6.c(6) of the Unified Development Ordinance requires building setback lines on all lots? If so, staff supports this request. c. Building Separation – In consideration of the internal setback relief of buildings within the data center campus, staff recommends a minimum 500-foot building separation from the nearest data center building or structure (primary or accessory) to the nearest residential or commercial structure. 7 1. Please provide dimensioned distances in feet (US) of proposed buildings to the nearest existing residential or commercial structures. 13. ENERGY INDUSTRIAL USES - Use standards for Energy Industrial Uses are reserved for future regulations, if ever approved, under Section 10-4-10 in the Unified Development Ordinance. n. The petitioner is seeking waiver of future standards adopted being applicable to this subject property after adoption of the Planned Unit Development (Deviation #2). o. The City is currently in the process of adopting specific development standards for data center campus developments. p. Staff is open to granting a lock on future regulations under this section of the Unified Development Ordinance (UDO) for a period of ten (10) years, provided the applicant agrees to all staff-recommended development standards outlined in this memorandum, which incorporate the proposed best practices, design guidelines, and operational requirements intended to ensure the least impactful and high-quality development across the data center campus. 14. NUCLEAR ENERGY USES – Staff will require that the petitioner agree that the data center campus be 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. 15. MAXIMUM BUILDING HEIGHT - The M-2 District does not have a maximum building height per Table 10-3-9(A) in the Unified Development Ordinance. However, the petitioner has provided overall building heights for each proposed two-story data center building to top of building roof and top of rooftop equipment. As proposed buildings will not exceed 55’ to top of structure and 78’ to top of rooftop equipment. q. Staff recommends a maximum overall height for data center buildings within 1,500 feet of a residential structure shall be 70 feet. No rooftop mechanical equipment will be allowed within this buffer, unless specifically approved by City Council. i. It is noted on the Site Plan and Enlarged Site Plan the petitioner has indicated a “2,000 ft. Residence District Building Height Restriction Zone”. 1. One (1) Customer Substation, the entirety of Buildings 12, 13, 14, and portions of Buildings 9, 10, and 11 fall within this zone. 2. Residential land uses to the north of Baseline Road (Kane County) and to the west of Ashe Road (Kendall County) do not appear to be contemplated in the provided restriction zone. 16. MAXIMUM LOT COVERAGE – Per Section 10-3-9(A) of the Unified Development Ordinance, the maximum lot coverage for the M-2 District (inclusive of sidewalks, parking areas and all impervious surfaces) is 85% of the gross lot area. According to the Site Data Table on the Preliminary PUD Plan, lot coverage calculations are provided as 41% (18,552,808 sq. ft.). 17. VEHICULAR/PEDESTRIAN ACCESS – It is noted that the site has access eight (8) points of access. Two (2) off of N. Bridge Street (IL Rte. 47), four (4) off of Galena Road, one (1) on Ashe 8 Road, and one (1) off Baseline Road (Rte. 30). These access points lead to internal private roadways which loop around the fourteen (14) proposed buildings and connect to the electric substations and utility switchyard. ii. It is noted that three (3) access points – two (2) off of Galena and one (1) off of Baseline Road will be direct employee access the respective data center building portions of the campus. Additionally, remaining two (2) access points located on Galena Road are intended exclusively for the user, ComEd, and emergency medical services (EMS) to the electrical substation and utility switchyard. These access points will also be locked and secured. iii. The proposed primary access points to the data center will occur through the one (1) access point on Ashe Road and two (2) off of N. Bridge Street (Rte. 47). These points of access will be fenced and guarded stations requiring extensive security verification before entry. iv. Staff defers to City Engineer regarding site access and roadway alignments. r. Cross Access – Per Section 10-5-1-F of the Unified Development Ordinance, the petitioner is seeking relief from the providing cross access between adjoining developments which minimizes access points along streets, encourages shared parking, and allows for vehicular access between land uses (Deviation #3). i. According to Section 10-5-1-F-2-c The Zoning Administrator may waive or modify the requirement for vehicular cross access on determining that such cross access is impractical or undesirable because it would require crossing a significant physical barrier or environmentally sensitive area, would create unsafe conditions, or there exists an inability to connect to adjacent property. City Council shall have the authority to waive or modify vehicular cross access requirements for all public review processes involving review by City Council. Staff supports the waiver. s. Pedestrian Circulation – Per Section 10-5-1-N Pedestrian Circulation Standards of the Unified Development Ordinance required off-street parking areas to on-site pedestrian circulation systems and connection to existing and future planned trails. The petitioner states that walkways between parking areas and building entrances will be provided on-site, however they seek a waiver for public access and connection to public sidewalks and bicycle trails due to the nature and security of the proposed land use (Deviation #5). i. According to Section 10-5-1-N-5, the Zoning Administrator may waive this requirement upon determining that no walkway exists, a future walkway is unlikely to exist, or such connection would create a safety hazard. Staff supports the waiver. ii. In consideration of the requested waiver, staff requests the petitioner constructs and provides easements for a ten-foot (10’) multi-use walking trail on the outer perimeter of the proposed data center at the following locations: 1. Ashe Road/Galena north to Baseline Road 2. Baseline Road from Ashe/Eldamain Road east to Bridge Street (Rte. 47) 9 18. PARKING - According to the Site Plan submitted, there are 3,750 total parking spaces to be provided on the property to accommodate the proposed fourteen (14) building data center campus and electric substation/utility switchyard uses as detailed below: Location Sq. Ft. Provided Parking Spaces Parking Required 0.3 Per 1,000 Sq. Ft. Building 1 1,361,182 300 408.35 Building 2 1,361,182 300 408.35 Building 3 780,000 150 234.00 Building 4 780,000 150 234.00 Building 5 1,361,182 300 408.35 Building 6 1,361,182 300 408.35 Building 7 1,361,182 300 408.35 Building 8 1,361,182 300 408.35 Building 9 1,361,182 300 408.35 Building 10 1,361,182 300 408.35 Building 11 1,361,182 300 408.35 Building 12 780,000 150 234 Building 13 1,361,182 300 408.35 Building 14 1,361,182 300 408.35 TOTAL 17,313,002 3750 5193.85 t. Per Table 10-5-1(H)(5) Minimum Parking Requirements of the Yorkville Unified Development Ordinance, staff would classify the data center campus for the purposes of off-site parking as an industrial use, which requires a minimum of 0.3 parking spaces per 1,000 sq. ft. of net floor area (NFA) for uses greater than 8,000 sq. ft. While there is no specific information provided as to the individual proposed buildings, the petitioner estimates the average building size is 1,878,142 sq. ft. requiring ~505 parking spaces per building, however, they contend the actual parking demand will be approximately 375 spaces per building (Deviation #4). u. Staff has estimated the total required parking for the subject property is 5,194 spaces, including 114 ADA accessible spaces. Additionally, per Section 10-5-1K-1 of the Unified Development Ordinance, the petitioner is required to install the infrastructure for a minimum of 104 electric vehicle charging stations. i. Staff is not opposed to the requested shared parking request and proposed reduction in off-street parking, however, staff recommends a fee in lieu of the required electrical vehicle charging station infrastructure which will be used to install electric charging stations in the downtown or at other public facilities. v. Bicycle Parking – Per Section 10-5-1-O-2 of the Unified Development Ordinance to provision of bicycle parking is encouraged, not required, and if utilized on a development site will allow for a reduction of required off-street parking. The petitioner is seeking a waiver to not provide off-street bicycle parking (Deviation #6). i. No waiver required as it is a parking bonus mechanism, not a requirement. w. Off-Street Loading – Per Section 10-5-1-Q of the Unified Development Ordinance, the number of off-street shall be determined on a case-by-case basis, and in the 10 instance of special uses, loading berths adequate number and size to serve such use, as determined by the Zoning Administrators, shall be provided. The petitioner requests a minimum of one (1) off-street loading space per data center campus building on the subject property (Deviation #7). Staff supports the request. 19. TRAFFIC IMPACT – The petitioner has provided a Traffic Methodology Memo prepared by Burn McDonnell providing basic trip generation modeling for the proposed data center campus at full buildout. The preliminary report estimates a daily total of 2,792 trips. Staff defers to the City Engineer regarding Traffic Methodology Memo. x. Traffic Management Plan – Staff does recommend a traffic management plan be required during construction, including a communication strategy and an on- site point of contact during construction. 20. LANDSCAPING – Section 10-5-3 establishes landscape standards for new developments. While the petitioner has not submitted a landscape plan, they are seeking relief from the minimum requirements (Deviation #8). y. Per staff’s review, the following sections of the Landscape Plan would apply: i. Section 10-5-3-C. Building Foundation Landscape Zone - All nonresidential, mixed-use, and multi-family development where a front yard setback is required, with the exception of food processing facilities regulated by the FDA, shall include landscape located at the building foundation as required by this section. Landscape required by this section shall be in addition to landscape required under other sections of this title. It is the objective of this section to provide a softening effect at the base of buildings. 1. Petitioner has indicated base building foundation on Enlarged Site Plans. ii. Section 10-5-3-D. Parking Area Perimeter Landscape Zone - Landscape required by this section shall be in addition to landscape required under other sections of this title. It is the objective of this section to provide screening between off-street parking areas and rights-of-way, and to provide for the integration of stormwater management with required landscaping. 1. Petitioner has indicated parking area perimeter landscape zone plantings on Enlarged Site Plans. iii. Section 10-5-3-E. Parking Area Interior Landscape Zone - All off-street parking areas shall include landscape and trees located within the off-street parking area as required by this section. Trees and landscape required by this section shall be in addition to trees and landscape required under other sections of this title. It is the objective of this section to provide shade within parking areas, break up large expanses of parking area pavement, support stormwater management where appropriate, improve the appearance of parking lots as viewed from rights-of-way, and provide a safe pedestrian environment. 1. Petitioner is seeking relief from this standard. Staff supports this request. iv. Section 10-5-3-F. Transition Zone Landscape Requirements - Transition zone landscape shall be required along interior side and rear property lines of all nonresidential, mixed use, and multi-family development. It is not 11 expected that the transition area will totally screen such uses but rather will minimize land use conflicts and enhance aesthetics. 1. Petitioner has indicated a 100’ Transition Type D Zone Landscape Buffer on Enlarged Site Plans. 2. Staff recommends the installation of an 8-foot-tall berm along all perimeters of the data center campus as part of the 100’ landscape buffer due to the site’s adjacency to four (4) public roadways. 21. MECHANICAL SCREENING – Per Section 10-5-4 Screening of the Unified Development Ordinance, ground/wall-mounted and roof mounted mechanical units that are visible from any public right-of-way or adjacent residential property shall be screened from public view. Petitioner is seeking to establish standards for screening both types of mechanical units (Deviation #9). z. Petitioner proposes to screen ground mounted mechanical equipment with vinyl fencing matching the height of the generator units but excluding any stacks protruding above the unit. No additional screening is proposed for rooftop mechanical units located within penthouses. i. It is staff’s preference that mechanical equipment, particularly backup generators and condensers, are not located on the rooftop. Rather placed on the side of the building(s) or the opposite side of the facility, farthest from residential structures. ii. If approved to be placed on the rooftop, staff recommends they be enclosed in penthouses, as the petitioner proposed, with sound damping construction and use of the lowest-noise equipment available, such as hospital-grade mufflers on generators, to aid in minimizing noise impacts on surrounding properties. iii. All major mechanical equipment (generators, chillers, HVAC units) shall be fully enclosed or screened by solid barriers. iv. Staff defers to the sound engineering consultant for any additional recommendations with regards to mechanical screening. 22. FENCING – Per Section 10-5-5-B-1 of the Unified Development Ordinance states fences may be built up to the property line but shall not extend beyond the front plane of the primary building facade in residential and business districts. Maximum height for fencing in manufacturing districts is eight (8) feet. aa. Petitioner has provided a manufacturers brochure of proposed high security steel fencing. They are requesting to have ten (10) foot tall powder coated black steel 12 security fence extend beyond the front plane of the primary building façade (Deviation #10). i. Since the fence placement requirement only applies to residential and business district uses, staff is supportive of the request as this property is within a manufacturing district. ii. The request for a ten-foot (10’-0”) tall security fence which exceeds the maximum permitted eight-foot (8’-0”) tall fence is supported by staff. iii. Staff understands that the fences will be locked with access (assuming via a Knox Box) to ComEd officials and EMS teams (assuming Bristol Kendall Fire District and Yorkville Police Department). 23. BATTERY STORAGE – Per Table 10-3-12(B) of the Unified Development Ordinance, “Battery Uses” are permitted within the M-2 General Manufacturing District. “Battery Uses” are defined as 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. bb. The petitioner’s plans do not indicate that battery uses, or storage, is proposed for the development. Please verify if battery uses or storage is planned for the proposed data center campus. cc. If so, staff will require the following: i. Battery uses and storage systems shall be located in a separate standalone building a minimum of 50 feet away from any adjacent structure and must be readily accessible by the fire protection district for firefighting efforts. ii. An approved fire safety and evacuation plan shall be prepared and maintained for occupancies that involve activities for the research and development, testing, manufacturing, handling, or storage of lithium-ion batteries or lithium metal batteries, or the repair or servicing of vehicles powered by lithium – ion batteries or lithium metal batteries. (See comment #30 Recommended Operational Conditions) iii. A fire detection and alarm system is required for indoor storage rooms and outdoor storage. The method of fire detection is either an air-aspirating system or a radiant- energy sensing system. Indoor rooms are also required to be sprinklered and separated from the remainder of the occupancy by two-hour barriers. This structure must provide a 2-hour fire-resistance- rated enclosure and must have an automatic sprinkler system and detection system. 24. APPEARANCE STANDARDS – Per Section 10-5-8-C-4 Industrial Uses masonry products or precast concrete shall be incorporated on at least fifty (50) percent of the total building, as broken down as follows: The "front facade" (defined as that facade that faces a street that includes a main entry to the building) shall itself incorporate masonry products or precast concrete on at least fifty (50) percent of the facade. Any other facade that abuts a street shall incorporate masonry products or precast concrete. The use of masonry products or precast concrete is encouraged on the remaining facades. Where precast concrete panels or split face block is utilized, the use of colors, patterns, or other architectural features within these panels/blocks is encouraged. dd. The petitioner has submitted exterior building elevations featuring predominantly blank, monolithic wall structures composed of materials such as light grey precast concrete panels, medium grey insulated metal panels, glazing, and vinyl screen walls 13 with metal downspout accents. While the use of precast concrete panels aligns with the material requirements of the Appearance Standards, the overall design and color palette fall short of meeting those standards and fail to present an aesthetically acceptable appearance. ee. Further, Section 10-5-8-C-4b.(2) requires industrial buildings with facades greater than one hundred (100) feet in length shall incorporate recesses, projections, windows, or other ornamental/architectural features along at least thirty (30) percent of the length of the facade abutting a public street in an effort to break up the mass of the structure. Petitioner is seeking relief from this requirement (Deviation #11). i. To achieve compliance with the Appearance Standards and enhance the visual quality of the proposed development, staff recommends the petitioner revise the building elevations to incorporate greater architectural articulation, variation in materials, and a more dynamic color palette. Elements such as vertical and horizontal modulation, material transitions, and fenestration should be integrated to break up the monolithic appearance of the facades and improve overall aesthetics. ii. Staff further recommends buildings visible from Route 47 have the highest aesthetic standards that can be economically achieve. It is important that these structures which will be located at the entrance into the City will make a statement. Should a central roadway (E. Beecher) go through the site intersecting at Baseline Road, the building facades facing this roadway should be a better than average standard (but maybe slightly less than the Route 47 facades). iii. As part of the revised submittal, the petitioner shall provide a comprehensive architectural rendering of the data center buildings, along with viewpoint renderings from each adjacent public roadway. These renderings must include proposed landscaping to accurately depict the visual impact of the development and demonstrate how the revised elevations contribute to a more context-sensitive and visually appealing design. 25. LOTS – The petitioner is seeking waiver from the requirement for lots to have access on a public street due to the unique nature of the secure data center campus (Deviation #12). ff. Per Section 10-7-2 requires all lots to conform with district standards and states all lots shall front or abut on a public street. Since the site has internal private roadways, staff is supportive of the request. 26. STREET DESIGN AND IMPROVEMENTS – The petitioner is requesting exemption from the requirements of Section 10-7-3 in the Unified Development Ordinance (Deviation #13). gg. Standards in this section apply only to publicly dedicated roadways. No internal roads are proposed for public dedication. Staff supports this request but defers to the City Engineer regarding the extension of E. Beecher Road northward toward Baseline Road. 27. SIGNAGE – The petitioner does not appear to propose any wall/building mounted signage on the exterior elevations. 14 hh. Per Section 10-6-6 of the Unified Development Ordinance, single tenant buildings shall be permitted a total of two (2) primary wall signs or one (1) primary wall sign per one hundred (100) linear feet of building frontage. One (1) additional wall sign shall be allowed per additional hundred (100) feet of building frontage. Only one (1) primary wall sign shall be displayed on any single building façade. ii. Are monument signs or wayfinding signage proposed within the data center campus? i. See comments under #20 Comprehensive Plan and #32 Development Offsets entryway and placemaking elements. 28. SITE ADDRESSING – Will the internal roadways be named for individual addressing, or will the petitioner seek a single site address off of Bridge Street, Ashe Road or Baseline Road with internal building numbering/identification? 29. LIGHTING – A photometric plan shall be provided along with manufacturers cut sheets of the proposed light standards to be installed within the parking lot area, per Section 10-5-7 of the Unified Development Ordinance. Maximum illumination at the property line shall not exceed zero (0) foot-candle and no glare shall spill onto adjacent properties or rights of way. jj. How tall do you anticipate the light standards will be for the data center campus? i. Maximum light standard height for manufacturing districts is 35 ft. Staff may recommend a shorter height. kk. Are lights proposed for the future water tank parcel? 30. RECOMMENDED OPERATIONAL CONDITIONS – The following is a list of operational conditions recommended by staff to be included in the Planned Unit Development for all future data center campus developments, aimed at addressing resident concerns and maintaining quality of life: ll. Noise Study – All applications for data centers shall provide a noise study as part of the building permitting process which will be subject to review by the City’s sound engineering consultant which entails: i. A pre-construction noise study including 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 ii. A mitigation plan in their noise study to ensure that operational noise does not exceed the pre-development baseline measured at the property. iii. Annual noise monitoring is recommended to be conducted by the City’s sound engineering consultant for a period of three (3) years after construction is completed to verify ongoing noise compliance. mm. Operational Testing – Operational testing of emergency backup generators shall be limited to the following: i. Only between the hours of 11am-5pm on weekdays and non-holidays. 15 nn. Emergency Operations Plan (EOP) - 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: i. Procedures for fire suppression, hazardous material spills, evacuation, and communication in case of an incident. ii. Training sessions/drill and or walkthroughs with fire and police shall be required prior to occupancy permit. iii. Designated contacts for emergency services and a plan to broadcast information if an incident could affect the public. iv. Must work with KenCom emergency managers to be part of text or siren alert systems. oo. Building Code Standards – The following building code standards shall apply: i. 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. ii. Compliance with the National Fire Protection Association (NFPA) 855. 31. COMPREHENSIVE PLAN – The 2016 Comprehensive Plan Update designates the subject property for Project Cardinal as “Estate/Conservation Residential (ECR)” and “Parks and Open Space (OS)”. The “Estate/Conservation Residential (ECR)” is intended to provide flexibility for residential design which will accommodate low-density detached single-family housing. The “Parks and Open Space (OS)” designation is intended for recreational lands and the preservation of open space areas utilized for public or private lands. pp. The current future land use designations reflect the current underlying approved zoning and plans for the Bailey Meadows and Westhaven PUDs. The Comprehensive Plan also anticipated the west side of N. Bridge Street (IL Rt. 47) in this area for open space parkland or “green infrastructure”. qq. Overall, staff supports the proposed PUD for a data center campus, as the corridor along Eldamain Road (“Ashe Road” when north of Galena Road) has been identified in the Comprehensive Plan for manufacturing development and has also experienced a recent trend of development for M-2 land uses (specifically data centers). However, staff would like to note the following recommendations from the Comprehensive Plan related to the subject property: i. In Figure 8.17: Eldamain Road Corridor Land Use Strategy of the Yorkville 2016 Comprehensive Plan Update (North of the Fox River) the subject area is identified as “Zone B – Distribution (Corneils Road to BNSF Railroad)” meaning this area is recommended for modern industrial park incorporating branding and placemaking elements, as well as a 50’ to 100’ buffer to maintain the zone’s semi-rural visual character. 16 ii. In Figure 8.5: Zone A North Gateway Future Land Use Concept (Baseline Road to Galena Road) and Figure 8.20: Rural Agricultural Zone A Future Land Use Concept (Baseline Road to Corneils Road) each indicate an opportunity to create gateway signage and enhance the roadway with landscaping elements introducing the entryway into the City. 17 32. DEVELOPMENT OFFSETS - As part of the City’s efforts to balance the scale and impact of the proposed 1,034-acre data center development, the petitioner is expected to provide appropriate development offsets that support the broader community. These include contributing to gateway signage that enhances the City’s identity, donating land and funding the development of a regional public park to compensate for the loss of land and land-cash contributions, and community investment within the downtown as described below: rr. Entryway/Gateway Signs i. Staff requests the petitioner provides the necessary easements and funds the design, fabrication, and cost for the installation of three (3) gateway signs and/or entryway features as identified in the Comprehensive Plan. 1. Staff further believes this will also assist the petitioner in meeting PUD Modification Standard #4 “Placemaking.” The Planned Unit Development has a distinctive identity and brand that is utilized in the signs, streetscape, architecture, public gathering spaces, open spaces, etc. ss. Parks & Recreation i. It is estimated that the conversion of the 1,034-acre subject property to a data center campus, which was previously planned for dense single-family and townhome residential development with nearly 2,100 dwelling units, is equivalent to a loss of $3.2 million in park land-cash contributions. ii. Staff requests the petitioner purchase and donates specific land identified by the Parks and Recreation Department Director within the vicinity of the data center development to be utilized for a future regional park site. The petitioner will also provide upfront funding for the development of the park facility. 1. Staff further believes this will assist in the petitioner meeting PUD Modification Standard #10 “Provision of a Regional Park.” The Planned Unit Development includes a park of sufficient size and with high quality amenities adequate to draw visitors and provide recreational opportunities for residents throughout the region in addition to serving residents of Yorkville. tt. Utility Infrastructure i. It is expected that a separate development agreement will cover the expansion of water, sewer, and sanitary sewer district services, including service commitments, cost offsets, and the associated design engineering agreements. uu. Utility & Property Taxes i. Staff requests the petitioner provide estimates of utility taxes and property taxes expected to be generated per building, and whether we can publicly disclose those estimates. 18 vv. Community Investment i. Staff recommends a community investment donation from the petitioner to support the development of the Hydraulic District project. This contribution which can be separate to, or in combination with, the Parks and Recreation donation in comment #32. Staff believes this contribution reflects a commitment to fostering long-term community partnerships and ensuring that large-scale developments like the data center generate shared benefits. The Hydraulic District project is a catalyst for revitalization, economic growth, and quality-of-life improvements, and the petitioner’s investment will help accelerate these outcomes for the broader community. PINS Property Owner Mailing Address 14-31-200-002 GRUBE, ROBERT P 2011 TRUST ET AL CAPS 801 WARRENVILLE RD STE 150 LISLE, IL, 60532-4328 14-31-300-001 J M FARM LLC DEBRA BAUMGARTNER 2506 N CLARK ST STE 2950 CHICAGO, IL, 60614-1849 14-31-400-001 J M FARM LLC DEBRA BAUMGARTNER 2506 N CLARK ST STE 2950 CHICAGO, IL, 60614-1849 14-32-300-001 J M FARM LLC DEBRA BAUMGARTNER 2506 N CLARK ST STE 2950 CHICAGO, IL, 60614-1849 14-32-300-007 FOTOPOULOS, ELIZABETH & NINA A 43W904 BASELINE RD SUGAR GROVE, IL, 60554-9649 14-32-300-006 JERICHO CEMETERY ASSOCIATION % RALPH HARKISON PO BOX 3 BIG ROCK, IL, 60511 14-32-300-008 EILERT, JEFFRIES H DCLRN OF TRUST, TRUSTEE 525 S EDGELAWN DR AURORA, IL, 60506 14-32-300-009 EILERT, JEFFRIES H DCLRN OF TRUST, TRUSTEE 525 S EDGELAWN DR AURORA, IL, 60506 14-32-400-001 EILERT, JEFFRIES H DCLRN OF TRUST, TRUSTEE 525 S EDGELAWN DR AURORA, IL, 60506 14-32-400-002 GRACE LAND LLC 9 BEL AIRE CT BURR RIDGE, IL, 60527-8382 14-33-301-001 JENNINGS, SUZANN M TRUST JAMES A SHERMAN 602B W 5TH AVE NAPERVILLE, IL, 60563-2902 14-33-377-018 HOMESTEAD LAND COMPANY LLC 1107 S BRIDGE ST STE D YORKVILLE, IL, 60560-1747 14-33-400-028 ORMISTON, MAURICE E DCLRN TR # 101 & ET AL 11718 NEWARK RD NEWARK, IL, 60541-9236 14-33-400-029 SUGAR GROVE FAMILY FUN CENTER LLC EDWARD PAROLEK 1099 DEERPATH RD AURORA, IL, 60506 GarritanoSt Brist o l BayDr US Route30Baseline Rd Bertram Dr NBridgeStGalenaRdAs h e R d E Beecher RdW Beecher RdEldamain Rd653 650 651 64 8 64 9 652 651 652 64 8 64 9 650 653 Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 PROJECT CARDINALFLOODPLAIN EXHIBIT www.eeiweb.com DATE DATE: PROJECT NO.: FILE: PATH: BY: MARCH 2025 YO2451 YO2451_Project_Cardinal_Floodplain.mxd H:\GIS\PUBLIC\YORKVILLE\2024\ PGW2 NO.REVISIONS ³United City of Yorkville800 Game Farm RoadYorkville, IL 60560630-553-4350www.yorkville.il.us 600 0300 Feet Legend RobRoyFIS_BFElines Zone AE Floodplain Floodway 2 B Bristol Kendall Fire Department Fire Prevention Bureau 103 East Beaver Street Yorkville, IL 60560-1704 Tel: 630 553-6186 Fax: 630 553-1482 03/26/25 Krysti, This is from the 2024 IFC, 403.10.6 - Lithium and Lithium metal Batteries- An approved fire safety and evacuation plan in accordance with section 404 shall be prepared and maintained for occupancies that involve activities for the research and development, testing, manufacturing, handling, or storage of lithium-ion batteries or lithium metal batteries, or the repair or servicing of vehicles powered by lithium – ion batteries or lithium metal batteries. 320.4.3.3 Fire Detection – A fire detection and alarm system is required for indoor storage rooms and outdoor storage. The method of fire detection is either an air-aspirating system or a radiant- energy sensing system. Indoor rooms are also required to be sprinklered and separated from the remainder of the occupancy by two-hour barriers. This structure must provide a 2-hour fire-resistance-rated enclosure and must have an automatic sprinkler system and detection system. If you have any questions or need further assistance, feel free to contact me. Respectfully, Michael Torrence Battalion/Fire Marshal Bristol Kendall Fire Protection District 630-768-3200 MT/1 1 I have reviewed the Project Cardinal application package dated 3/14/25 and have the following comments: Concept Site Plan • The plan shows full access from Route 47 at 2 separate locations, have you talked to IDOT regarding these access points? If so, where are you at in the process? • Both the Rt. 47 access points will necessitate a crossing of the Rob Roy drainage ditch, have you had any contact with the drainage district? If so, where are you at in the process? • There are multiple access points shown on Galena Rd., which is a county highway, have you spoken with Kendall County regarding the proposed locations? If so, where are you at in the process? • Are the proposed water tanks shown south of Galena Rd. private or public? • Can you show what the drainage channel will look like, and how it will function without causing erosion? • Do you plan on turf grass for all the areas without buildings? • What are your plans for the cell tower that is currently on site? • There are no sidewalks shown adjacent to any roadway. Please work with all agencies to provide sidewalk/path as required. • The City requires parkway trees. Please refer to our landscape ordinance for guidance on placement and tree species. • Early in the process, we will need a completed traffic study to make sure that all the roadways are built to the correct standards, signalized if necessary, and the appropriate Memorandum To: Krysti Noble, Community Development Director From: Eric Dhuse, Director of Public Works CC: Date: April 1, 2025 Subject: Project Cardinal PUD Application Review 2 turn lanes installed if needed. Before any traffic studies are completed, the petitioner will need an answer from IDOT regarding the proposed full access entrances. Otherwise, the petitioner would have to perform two separate studies. Study 1 would show the accesses as proposed and study 2 would show no access on Rt. 47. • The Rob Roy Drainage District is responsible for the care of the drainage ditch that is located on the east side of your property. You will need to work with them on any plantings or landscaping that is within 60’ of each side of the centerline of the ditch. • Baseline Rd. and Ashe Rd. will have to be brought up to the current city standard for data centers This will include any improvements that are recommended by a full traffic study. This will be at the sole cost of the developer. • The construction of data centers accounts for far more traffic than the operation of data centers, please provide a detailed traffic plan for construction access for each phase of construction. • Major reconstruction is planned for Rt. 47 in the next few years. As of now it is planned for Galena Rd. to be closed for a very long period to construct a new bridge over the Rob Roy drainage ditch Once that is completed, they plan on opening Galena and closing Baseline to build another bridge. You will need to account for this in your construction traffic plan. Required Deviations Section • In your list of required deviations, you ask for relief from public streets due to the unique and secure nature of a data center campus. This appears more like 3 individual developments segmented by the Com Ed owned right of way. Each cluster of building has their own fence and substation/switchgear, their own entrance, and stormwater basins. Therefore, public streets could be added without any danger to the campus since they are already divided. A connection from East Beecher to Mighell Rd. would be a logical point to look at for a public street. • Can you provide a more detailed landscape plan with example drawings of each area? • There is a very large landscape surfacing that was left as TBD, this needs to be determined before anything can be approved. • Bicycle parking is very feasible, you are required to place sidewalk or trail surrounding your property and there will be a trail on the east side of Rt. 47 that runs from the south side of the city that provides the necessary access to your site. Soundscape Engineering 3711 N. Ravenswood Ave., Ste. 104 • Chicago, IL 60613 • (312) 436-0032 729 W. Ann Arbor Trl., Ste. 150 • Plymouth, MI 48170 • (734) 418-8663 www.SoundscapeEngineering.com MEMORANDUM April 7, 2025 To: Krysti J. Barksdale-Noble, Community Development Director, United City of Yorkville, knoble@yorkville.il.us From: Aimee Lalime, INCE Bd. Cert. Nathan Sevener, INCE Bd. Cert. Re: Project Cardinal Proposed Data Center Campus and On-site Substations Development Preliminary Comments on Potential Noise Transmission to the Community Per Soundscape Engineering’s consulting services contract with the United City of Yorkville, we are providing the following preliminary comments regarding potential noise transmission from the proposed development of a data center campus with on-site substations to the surrounding community. At this time, there is insufficient Project information available to allow calculation of noise transmission from the proposed Development to the surrounding community. However, based on our experience, review of the Preliminary PUD Plan dated 3/14/25, and the uses of the properties near the proposed site, we can provide the following comments for your consideration. 1. Chapter 4 of the Yorkville Code of Ordinances restricts noise transmission to both residential and commercial land uses. The limit on sound transmission to residential land uses during the nighttime is the most restrictive (50 dBA). Since the proposed Data Center Campus can be expected to operate during both daytime and nighttime, nighttime sound level limits will need to be considered when evaluating noise transmission from the proposed Data Center Campus. 2. In our experience, the primary noise sources associated with Data Centers are the electrical power generators and the cooling equipment. 3. The Applicant should note, in particular, that the Noise Ordinance includes a 10 dB sound level limit penalty for noise that is tonal in character. Some types of cooling equipment, such as chillers, can emit tonal noise. 4. There is a large residential development within Yorkville limits (Bristol Bay condos) located approximately 1300 ft east of the closest building on the proposed Project Cardinal Campus; 900 feet of this distance is a setback within the proposed project site. For properties at this distance, it may be difficult for the Data Center Campus to comply with the City’s Noise Ordinance. 5. The closest residential land use within the City of Yorkville is 800 feet south of the proposed data center property line at 10346 Galena Road. With concerted effort, it might be possible for the Data Center Campus to comply with the City’s Noise Ordinance. This location is of particular concern to us due to its proximity to the proposed development. Project Cardinal Data Center – Preliminary Comments April 7, 2025 SE No. 2312 Page 2 of 2 Soundscape Engineering 3711 N. Ravenswood Ave., Ste. 104 • Chicago, IL 60613 • (312) 436-0032 729 W. Ann Arbor Trl., Ste. 150 • Plymouth, MI 48170 • (734) 418-8663 www.SoundscapeEngineering.com 6. Based on our noise control engineering experience and review of similar-sized data center campuses, the project will need to consider noise control early in the design, using thoughtful site planning, locating cooling equipment and generators as far as possible from residents, and selecting low-noise equipment. Since the nighttime ordinance is more stringent, it may be necessary for some of the equipment to be programmed to operate at quieter, but less efficient, operating modes during nighttime hours. In addition to equipment selection, load settings, and siting, meeting the noise ordinance may also require noise control screening, compressor wraps, or other approaches for the outdoor cooling equipment. Noise control enclosures and mufflers will most likely be needed for the generators. 7. The Applicant should provide a noise impact assessment report for review by the City. The report should describe how the assessment was performed, list the specific noise-generating equipment associated with operation of the Data Center Campus and On-site Substation, describe any noise control approaches and equipment that will be included in the project design, and confirm that the City’s noise ordinance will be met. Noise source data for the cooling equipment shall be based on actual sound level measurements of the specific equipment planned for the project, made in accordance with nationally recognized standards, not on interpolated, extrapolated, or otherwise calculated sound levels. 8. The City should consider whether it wishes to require the applicant to perform post-construction acoustic testing to demonstrate compliance with the noise ordinance. 9. We understand that some members of the community are concerned about noise emissions from the planned data center campus. The community noise ordinance protects Yorkville residents by limiting noise transmission to residential land uses to 60 dBA during the day and 50 dBA at night. In addition, tonal noise sources are required to be 10 dBA below those values (50 dBA daytime and 40 dBA at night). For reference, the Route 47 traffic noise at the closest Bristol Bay condos (400’ from the roadway) is estimated to be as low as 55 dBA at night and as high as 63 dBA during the day. This suggests that residences located near busy roadways will not experience a significant impact from data center noise. 10. Our comments are only in relation to the City of Yorkville noise ordinance and do not consider compliance relative to any other jurisdictions, including Kendall County, Kane County, or the Illinois Pollution Control Board. 11. Similarly, our comments are focused on residential and commercial land uses that are currently within the City of Yorkville. There are, however, several single-family residences located very near the proposed development that are not currently within the City of Yorkville. These residences are located immediately across the road to the North, South, and West of the proposed Data Center Campus on Baseline, Galena, and Ashe Roads. **END OF MEMORANDUM** Soundscape Engineering 3711 N. Ravenswood Ave., Ste. 104 • Chicago, IL 60613 • (312) 436-0032 729 W. Ann Arbor Trl., Ste. 150 • Plymouth, MI 48170 • (734) 418-8663 www.SoundscapeEngineering.com MEMORANDUM April 21, 2025 To: Krysti J. Barksdale-Noble, Community Development Director, United City of Yorkville, knoble@yorkville.il.us From: Aimee Lalime, INCE Bd. Cert. Nathan Sevener, INCE Bd. Cert. Re: Project Cardinal Proposed Data Center Campus and On-site Substations Development Follow-Up to Acoustics Questions during April 10th Plan Council Meeting On April 10, 2025, the City of Yorkville hosted a pre-plan meeting and a Plan Council meeting to discuss the proposed Project Cardinal Data Center Campus and on-site substation development. Here are our follow-up comments and responses to acoustics-related questions: 1. Will residents near the data center be exposed to health risks due to data center noise? Studies have shown that noise-related stress can cause health risks, but the level of health risk is related to the amplitude of the noise. The city noise ordinance limits noise transmission to residential properties to 60 dBA during the daytime and 50 dBA at night, with these limits being 10 dB more stringent for tonal noise due to its potential for annoyance. These thresholds are consistent with American National Standards Institute (ANSI) standard S12.9 and World Health Organization (WHO) guidelines, which are 50-60 dBA daytime and 45-50 dBA nighttime. The WHO guidelines, in particular, are based on extensive research in noise-related impacts, including health impacts and sleep disturbance. 2. There is a very nice equestrian center located West of the project site. How do horses respond to noise as compared to humans? After researching horses’ response to noise, we found that horses have a wider frequency range of hearing than humans and are likely to be startled by sudden noises due to their prey instinct. There is some evidence that, like humans, horses acclimate to steady or repetitive noises (such as aircraft flyovers or train passbys). Since noises associated with data centers are primarily continuous noises, rather than intermittent or sudden onset noises, we expect the horses will not be more sensitive than humans to this type of noise source. In addition, ANSI S12.9 recommends that noise transmissions to residential land uses be 5-15 dB quieter than riding stables, suggesting that humans are more sensitive to noise than horses. 3. How will the officers determine if the noise is tonal? The City of Yorkville uses Quest Technology Model 210 sound level meters, which do not have the capability needed to determine if a noise source is tonal. The officers would need new sound level meters with third-octave band measurement capability and training in analyzing measurements to determine if a sound is tonal. Project Cardinal Data Center – Plan Council Meeting Follow-up April 21, 2025 SE No. 2312 Page 2 of 2 Soundscape Engineering 3711 N. Ravenswood Ave., Ste. 104 • Chicago, IL 60613 • (312) 436-0032 729 W. Ann Arbor Trl., Ste. 150 • Plymouth, MI 48170 • (734) 418-8663 www.SoundscapeEngineering.com 4. A note regarding equipment placement: The best location for mechanical equipment is on the side of the building opposite the residents, with the rooftop behind sound barrier screens being the next best location. The worst location is on the side of the building closest to residents. It is not necessary to restrict the project from mounting equipment on the roof, as long as the project demonstrates that the ordinance is fully met. 5. Regarding operational conditions: As discussed in the plan council meeting, we recommend an update to item 30.ll.ii in the Plan Council Packet. Instead of requiring the operational noise levels to not exceed the pre-development baseline, we recommend requiring the project to meet the noise ordinance. **END OF MEMORANDUM** Fox River Blackberry Creek Big Rock Creek ComED ComED Substation BrightFarms SOO Green New Leaf School Property Pioneer 1048 ac Daly Group 557 ac Cyrus One 229 ac Daniels (South) 267 ac GD - Kelaka 154 ac GD - Meyer 130 ac PGP Development 127 ac Magnolia Hill Partners 143 ac Daniels (North) 64 ac GD - Hagemann 138 ac Hamman-Kelaka 109 ac ID.11 ID.2 ID.3 ID.1 ID.7 ID.6 ID.8 ID.10 ID.12 ID.4 ID.9 ID.5 ID.13 RIVER GALENA ELDAMAINCORNEILS BRIDGEBEECHERCANNONBALL MCHUGHMAIN BASELINE FAXON VETERANS SPRINGASHEJOHNKLATT FOLI ERICA ROUTE 30 PARKCENTER KENNEDY ROUTE 34 ALICE KELLERJETERHOFFMAN SCHAEFER KRISTENEDWARDMITCHELL BRISTOL BAY ROUTE 47 COUNTRYSIDE OMAHAALAN DALETERISOMONAUKGAME FARMKEND A L L BERTRAM ELM KINGSUMACBOOMBAHFREEMONTCAREY ROSENWINKELPRIVATE DRIVE WALNUT ANDREW WACKERLIBERTYMAYGILLESPIE RYANISABELWESTERN JACKSONSUNSETFAIRHAVENMARKETVIEW COLTONMILLER HEARTLANDBLACKBERRY SHO R EOSBRON DOBBINS C A R L Y BRISTOLHAYDENTAMPAELDENBRUELLLAURENCHURCHWESTWATERPARK MCMURTRIEHIGH RIDGEWOODVIEW NORTHLANDSYCAMOREPLEASURE TWINLEAF LEISURE REDBUD DILLON BASE LINE LANDMARK BLUEST E M QUINSEYALEXISPRAIRIECANYON IROQUOISMONTE R E Y PURCELL MUN S O N SEARLSCHMIDTBISCAYN E LEGNER CONOVERPRATT HILLCREST ASPEN G R A C E RIVER BIRCH HUNT GARDINER BOOMERPLYMOUTH WILD INDIGOLEXINGTONEVERGREENHUNTERSARASOTACOMMERCIAL ARROW H E A D BOYER KATE NORTH BARRETT PENSACOLA YELLOWSTON E WILLOWRENA BURN E T T CUMMINSGOL D E N RO D GAWNEPINEWOODCALED O NI A DEAMES INDEPENDENCETURNER MARKETPLACEGEORGEANNA WINDHAM KENDALL FARMS HUBBARDSWANSON COT TONWOOD PRAIR IE ROSE BLAKE HOMESTEADCATALPADOVERGARRITANOASHLEYDIEHL FARMHYDRAULIC WINTERBER R Y TIMBALIER HONEYSUCK L E RED T A I L MARQU E T T E HICKORYMEADOWVIEWDICKSON STRAWBER R YCOLE CAMDENPORT A G E PRAIRIE POINTE POPE WOODWORTHANDRE A AUBU R NPATRIC IA BEHRENS NADEN AMANDASANDERSOVERLOOKCRIMSONPALMERC O D Y MENARD PIERPONT DENISE SANTA MONI C A MULHERN CONCORDMARTINWINCHESTERGLEN NELSONPOWERSF A RM S T EAD BLACK B E R R Y ALEXANDRAAPPLETREELAKEWOOD SPRINGSCORNELLSA N D I E G O CHESHIR E PRIVATE DRIVE ROUTE 3 4 PRIVATE DRIVE ROUTE 34 PRIVATE DRI V E PRIVATE DRIVE PRIVATE DRIVEVETERANS MAINSOMONAUK PRIVATE DRIVEBEECHERPRIVATE DRIVEHYDRAULIC VETERANS MARTINCALEDONIAPRIVATE D RIVEJOHN ROUT E 34PRIVATE DRIVEBRIDGEPRIVATE DRIVEPRIVATE DRIVEBRIDGEPRIVATE DRIVEPRIVATE DRIVE BEECHER PRIVATE DRIVE PRIVATE DRIVE WESTROUTE 47 FAXON PRIVATE DRIVEBERTRAM PRIVATE DRI V E PRIVATE DRIVE PRIVATE DRIVEPRIVATE DRIVE CENTER Copyright nearmap 2015 ELDAMAIN CORRIDOR PLANNING DATE: PROJECT NO.: FILE: BY: FEBRUARY 2025 YO2442 MJT LOCATION MAP UNITED CITY OF YORKVILLE, ILLINOIS Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 www.eeiweb.com PATH:H:\GIS\PUBLIC\YORKVILLE\2024\YO2444 United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 N O R T H ° Eldamain Transportation Planning/Eldamain Corridor Study Legend Yorkville Boundary 0 2,000 4,000 6,000 8,0001,000 Feet Id Development Name Status Acres 1 Cyrus One Approved (PUD)229 2 Daly Group Not Applied 557 3 Daniels (South)Approved (Annex & Rezone)267 4 Daniels (North)Applied (Annex & Rezone)64 5 GD - 50 Acres Approved (Annex & Zoned)50 6 GD - Hagemann Approved (Annex & Rezone)138 7 GD - Kelaka Approved (Annex & Rezone)154 8 GD - Meyer Not Applied 130 9 Hamman-Kelaka Applied (Annex & Rezone)109 10 Magnolia Hill Partners Not Applied 143 11 Pioneer Not Applied 1048 12 PGP Development Not Applied 127 Total Acreage= 3,016 N. BRIDGEE. BEECHERB E R T R A M GALEN A BASELINEASHE W. BEECHERELDAMAINProject Cardinal 1048 ac 0 2,000 4,000 Feet Project Cardinal Development Ashe Rd Improvements Baseline Rd Improvements Galena Rd Improvements Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 / www.eeiweb.con EXHIBIT XX ROW DEDICATIONS DATE: MAY 2025United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 (630) 553-4350 http://www.yorkville.il.us PROJECT CARDINALCONSULTING ENGINEERS NO.DATE REVISIONS PROJECT NO.: YO2451 PATH: H:/GIS/PUBLIC/YORKVILLE/2024/ YO2451_PROJECT CARDINAL ROADWAY EXHIBITSFILE: . 100' TOTAL ROW 50' ROW DEDICATION - SOUTH 120' TOTAL ROW 60' ROW DEDICATION - EAST 120' TOTAL ROW 60' ROW DEDICATION - NORTH N. BRIDGEE. BEECHERB E R T R A M GALEN A BASELINEASHE JETERW. BEECHERELDAMAINProject Cardinal 1048 ac 0 2,000 4,000 Feet Proposed Shared-Use Path Project Cardinal Development Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 / www.eeiweb.con EXHIBIT C PROPOSED PATH LOCATIONS DATE: MAY 2025United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 (630) 553-4350 http://www.yorkville.il.us PROJECT CARDINALCONSULTING ENGINEERS NO.DATE REVISIONS PROJECT NO.: YO2451 PATH: H:/GIS/PUBLIC/YORKVILLE/2024/ YO2451_PROJECT CARDINAL ROADWAY EXHIBITSFILE: . PROPOSED 10' SHARED-USE PATH From:Bart Olson To: Cc:Jori Behland; Krysti Barksdale-Noble Subject:RE: Written Comment for May 6th 2025 meeting Date:Thursday, March 27, 2025 3:44:47 PM Hello Elizabeth, Thanks for providing these questions so far in advance. I can answer some of them now, and I will forward your questions and my responses to the aldermen in advance of the May meeting: 1) The plan provided shows water/storm basins being utilized throughout the plan to help mediate noise pollution to residences in addition to help create a more aesthetically pleasing environment. Why was there no plan to put a storm basin in front of my home that is located at the corner of Baseline Road and Mighell Rd? -I would like to formally request that this Plan be revised to include a storm basin located in front of my home that is similar to the majority of the homes surrounding this location. a) City response - This is the first draft of a plan submitted by a petitioner with little feedback given so far by the City. I am acknowledging your request and we will communicate it to the developer and the committee members. On a technical basis, I am not sure if the area in front of your home will lend itself to a drainage basin, but I am guessing you would be more comfortable if there was more distance from your home to the buildings (i.e. maybe they can buffer the area with equivalent distances or noise reduction measures without a basin). The City has engaged a sound engineer that will be reviewing this site plan to see if there are ways we can improve it, and we will be recommending the developer to commit to a sound study post construction so we can monitor the noise in the area. 2) what is the developer and or committee doing about noise pollution? this large of a data center could cause significant noise pollution in this area to residents, causing neurological and mental health stressors in addition to medical issues and complications. These kinds of complications have been reported in numerous research studies by residence who live next to these types of data centers. a) City response - I mentioned above about our sound engineer. We have spoken with our government counterparts in Loudoun County Virginia, which is the data center capital of the world. They have spoken a bit about noise complaints being the most frequent issue cited by neighbors, but they tended to downplay the severity of it compared to your assertion of medical issues and complications. If you have any research studies that you'd like us to review, please forward them along. 3) how much data is being processed or projected to be processed through this facility? How much of this data is identified as United States data, local data, and worldly data? a) City response - I don't believe there are public estimates of the amount of data expected for this facility, nor am I familiar with that being a standard metric to study data centers elsewhere in the world. Usually, data centers are compared on an acreage, square footage, or power use basis. I don't believe there's a way to identify where the data originates publicly either (I suppose it would depend on the end-user of the systems within the building). 4)what is the plan and committee doing to help ensure safety of not just this data center, but the residence that live in this area. I’m speaking specifically not to cyber attacks but terrorism that could come in the form of destroying the data center-being that it could be providing significant data resources to individual throughout the world. a) City response - The City is in touch with the Department of Homeland Security and the FBI Field Office in Chicago on these issues. Generally, the property will be heavily monitored by security guards and systems and all access to the development will be heavily restricted through gated access. 5) what is the developers plan to ensure that during the construction of this facility garbage and debris, including significant dust and dirt kick up is kept to a minimum and does not impact the residents who are living in this area? a) City response - The City has robust development rules that address on-site cleanliness and street debris concerns. We also have rules about dust abatement during mass grading which involve on-site watering and other measures. 6) when it comes to cooling this facility why would the developers identify this area as a prime location for a date center that needs to be cooled significantly when during the spring to early fall months, this area is incredibly hot and humid. a) City response - External temperature has little bearing on the internal operation of the buildings. Data centers are interested in this area primarily because it has adequate power supply and infrastructure. 7) how does the developer plan to mediate the cooling issue of this data center so that it doesn’t impact local residence? a) City response - I'm not sure what you mean here - but, the water usage of the buildings will be reviewed by the City to make sure we have adequate capacity, the power usage will be reviewed and endorsed by ComEd before a power allocation is given, and we're looking to manage any noise generated on site through the sound engineer review of the plans. Thanks, Bart Olson City Administrator United City of Yorkville 651 Prairie Point Drive Yorkville, Illinois 60560 630-553-8537 direct 630-308-0582 cell bolson@yorkville.il.us -----Original Message----- From: Jori Behland <jBehland@yorkville.il.us> Sent: Tuesday, March 25, 2025 2:08 PM To: Krysti Barksdale-Noble <knoble@yorkville.il.us>; Bart Olson <BOlson@yorkville.il.us> Cc: Monica Cisija <mcisija@yorkville.il.us> Subject: FW: Written Comment for May 6th 2025 meeting Please see the comments/questions below regarding Project Cardinal. Would you like us to forward this to the elected officials? Thank you, Jori Behland City Clerk 651 Prairie Pointe • Yorkville, IL 60560 630-553-8567 (Direct) 630-553-4350 (City Hall) jbehland@yorkville.il.us https://linkprotect.cudasvc.com/url? a=https%3a%2f%2flink.edgepilot.com%2fs%2f90f88701%2fJ0i56l0OmEK1- rdMPdND0w%3fu%3dhttp%3a%2f%2fwww.yorkville.il.us%2f&c=E,1,yL9DHRPWxs76XqHTZd2w- 13H_lhAaZwo5KEKXh5hRWBBCgsPHLlPlf6yLpUteCmrmD0VEc4IbbinIxwY2Y3X- VDpnX2WVragfVpYGNIUV6sk8Kb0KIjmNw,,&typo=1 -----Original Message----- From: Elizabeth Fotopoulos <> Sent: Tuesday, March 25, 2025 1:18 PM To: Jori Behland <jBehland@yorkville.il.us> Subject: Written Comment for May 6th 2025 meeting This is for the meeting on May 6th 2025 Elizabeth Fotopoulos “Economic development committee: project cardinal data center” My questions for the committee are 1) The plan provided shows water/storm basins being utilized throughout the plan to help mediate noise pollution to residences in addition to help create a more aesthetically pleasing environment. Why was there no plan to put a storm basin in front of my home that is located at the corner of Baseline Road and Mighell Rd? -I would like to formally request that this Plan be revised to include a storm basin located in front of my home that is similar to the majority of the homes surrounding this location. 2) what is the developer and or committee doing about noise pollution? this large of a data center could cause significant noise pollution in this area to residents, causing neurological and mental health stressors in addition to medical issues and complications. These kinds of complications have been reported in numerous research studies by residence who live next to these types of data centers. 3) how much data is being processed or projected to be processed through this facility? How much of this data is identified as United States data, local data, and worldly data? 4)what is the plan and committee doing to help ensure safety of not just this data center, but the residence that live in this area. I’m speaking specifically not to cyber attacks but terrorism that could come in the form of destroying the data center-being that it could be providing significant data resources to individual throughout the world. 5) what is the developers plan to ensure that during the construction of this facility garbage and debris, including significant dust and dirt kick up is kept to a minimum and does not impact the residents who are living in this area? 6) when it comes to cooling this facility why would the developers identify this area as a prime location for a date center that needs to be cooled significantly when during the spring to early fall months, this area is incredibly hot and humid. 7) how does the developer plan to mediate the cooling issue of this data center so that it doesn’t impact local residence? Thank you, Elizabeth Sent from my iPhone From:Bart Olson To: Cc:John Purcell; Krysti Barksdale-Noble Subject:FW: DATA CENTER OPPOSITION Date:Wednesday, May 14, 2025 1:24:56 PM Hello Scott, Thanks for forwarding the video – I had not seen it yet, and I did watch it. I did want to follow up on a couple points in the video, for your use: 1. Some of the video talks about the quality of the well water at the home. Yorkville is in the process of moving to a Lake Michigan water source in 2028 (away from current deep aquifer wells), so it is unlikely any data centers will be operational in Yorkville while we’re still using our current deep aquifer sources. 2. There’s a piece of the video with blasting done on site. I have a question into our staff about whether blasting is expressly prohibited in our current ordinances or not. I believe it is prohibited, but will follow up when I confirm. 3. Throughout the video, there’s discussion about the lack of tree cover or visual buffering from the home to the data centers. We’re proposing a fully landscaped perimeter to the site along with an 8’ tall berm that should help shield views into the site. Additionally, we have already told our data center developers that anywhere that is viewable from a public right of way will have increased façade standards (to make the buildings look better than the basic data center design). Finally, the vast majority of the properties proposed for data centers are currently farmland with almost no tree cover (i.e. reduces the concern that they’ll impact the tree cover in the area). 4. The segment on light pollution at night from inside the house – the City has a pretty comprehensive ordinance restricting light spillover from developments in town. That ordinance would apply to the data centers and we’ll be reviewing a photometric plan before they start construction. 5. There’s a few segments that talk about power regulation in Georgia and the impact on residential bills. Illinois is a little different than Georgia in those regards, from my basic understanding of the state level regulatory framework (the City does not have a say in electrical bill issues in Illinois). We have been told by ComEd reps that the data centers will be required to pay for the electrical system improvements upfront, or they will have a reasonably certain guarantee that they’ll offset the costs of the improvements through rate increases that will apply to industrial and commercial users only. 6. One of the complaints the residents had was that construction was done during the night time. The City has a comprehensive construction control ordinance and noise ordinance that will address this at time of development – I don’t believe we’ve had any similar night time concerns from neighbors to our current residential and commercial (Costco) development projects in town. I have asked our staff for some more details on how night time construction is controlled and can provide you some additional details if you’re interested. 7. For complaints about the Fayetteville City Council and their approval process – I can only say that the Yorkville City Council has asked the staff to address resident concerns and questions as they come up. We have a project page for each development on our website here - https://www.yorkville.il.us/906/Project-Cardinal-Data-Center-Campus-Anne and here - https://www.yorkville.il.us/905/Project-Steel-Data-Center-Campus-Annex-R. Plans for each development and a tentative schedule of meeting dates is included there for your use. If you have any questions about the projects in Yorkville, please let me know and I’m happy to respond via email, or schedule an in-person or over the phone meeting. I will also forward your email and my responses to our entire City Council, so they are aware of your comments. Thanks, Bart Olson City Administrator United City of Yorkville 651 Prairie Point Drive Yorkville, Illinois 60560 630-553-8537 direct 630-308-0582 cell bolson@yorkville.il.us From: Krysti Barksdale-Noble <knoble@yorkville.il.us> Sent: Tuesday, May 13, 2025 9:50 PM To: Bart Olson <BOlson@yorkville.il.us> Subject: Fwd: DATA CENTER OPPOSITION FYI Krysti Barksdale-Noble, AICP Sent from my iPhone Begin forwarded message: From: Scott Stafford < Date: May 13, 2025 at 8:42:20 PM CDT To: Krysti Barksdale-Noble <knoble@yorkville.il.us> Subject: DATA CENTER OPPOSITION To whom it may concern, The proposed project cardinal data center near Bristol Bay merely 400 yards from residential homes is unacceptable. Studies have shown these behemoth facilities have caused irreversible environmental damage, stress on water systems, and energy that far outweigh the benefits of economic gains that residents never even see. How this project has gotten this far is beyond me, and the elected officials that are to serve the needs of the voting public that dismissed their concerns on other projects in the area are baffling. PLEASE WATCH THIS VIDEO and ask yourself and the city council members if this is WORTH it. https://www.youtube.com/watch?v=DGjj7wDYaiI Thank you. SUMMARY: Staff has reviewed a request from Kendall County Planning and Zoning Department along with the subsequent documents attached. This property is located within one and a half miles of the planning boundary for Yorkville, allowing the City the opportunity to review and provide comments to Kendall County. The petitioner, Daniel J. Gorman on Behalf of USA Energy Independence, LLC (Prospective Buyer) and Stanley L. Zepelak on Behalf of Lucaya Asset Management, LLC (Current Owner) are seeking a special use permit for a commercial solar energy facility and a variance to Section 36-282(17)(a) of the Kendall County Zoning Ordinance to allow a commercial solar energy facility on land within 1.5 miles of municipality without an annexation agreement. The real property is located immediately north of Corneils Road and approximately 0.5 miles east of Route 47 in unincorporated Kendall County. PROPERTY BACKGROUND: The property is located between 9417 and 9221 Corneils Road in unincorporated Kendall County and consists of one (1) parcel (PIN #02-09-400-007) totaling ~37.03 acres. The property is owned by Stanley L. Zepelak on Behalf of Lucaya Asset Management, LLC. The site is currently undeveloped and utilized for agricultural purposes. The United City of Yorkville’s corporate boundary borders the subject property to the west, east and north. • Corneils Crossing Subdivision is located immediately west and is zoned R-2 Single-Family Traditional Residence District. Although the subdivision was approved and entitled in 2006, it is currently undeveloped and utilized for agricultural purposes. Memorandum To: Planning and Zoning Commission From: David Hansen, Senior Planner CC: Bart Olson, City Administrator Krysti Barksdale-Noble, Community Development Director Sara Mendez, Senior Planner Date: June 11, 2025 Subject: PZC 2025-09 – Kendall County Petition 25-04 (Daniel J. Gorman on Behalf of USA Energy Independence, LLC (Prospective Buyer) and Stanley L. Zepelak on Behalf of Lucaya Asset Management, LLC (Current Owner)) - 1.5 Mile Review • Bristol Ridge Subdivision is an approved Planned Unit Development (PUD) located immediately east with underlying zoning districts of R-2 Single-Family Traditional Residence District and R-3 Multi-Family Attached Residence District. In 2023, the Bristol Ridge PUD was amended to allow a solar farm development on the area east of Cannonball Trail and north of the BNSF Railway (Bristol Solar 105). The solar farm development is less than ½ a mile away from the subject property. • Bristol Bay Subdivision is an approved PUD that is located immediately north with underlying zoning districts of R-2 Single-Family Traditional Residence District and R-3 Multi-Family Attached Residence District. Although the subdivision was approved and entitled in 2005, the area south of Galena Rd is currently undeveloped and utilized for agricultural purposes. Lastly, the subject property is also bordered by unincorporated residential properties to its south, east, and west. Raging Waves water park is located within a half (1/2) a mile west of the subject property. CORRESPONDENCE WITH PETITIONER: In late 2024, Daniel J. Gorman on Behalf of USA Energy Independence, LLC, reached out to Yorkville and asked whether the City wished to enter into a pre-annexation agreement for the proposed solar energy facility on parcel #02-09-400-007. The site is unincorporated and contiguous to the United City of Yorkville. Upon discussion, the consensus amongst staff was that the City would not support the proposed solar farm annexation and development within Yorkville for the following reasons: • The parcel is directly adjacent to several residential homes to the south, east, and west. • The location of the solar panels is adjacent to a suspected wetland area to the north. • The plan includes five new utility poles proposed near existing residential properties to the east. • The proposed plan does not meet the City’s required minimum setback of 1,000 feet from the roadway; the plan currently proposes a setback of approximately 800 feet from Corneils Road, which is designated as a potential future major east/west collector roadway in Yorkville. In March 2025, USA Energy Independence provided an updated site plan. The site plan proposed a setback of approximately 500 feet from Corneils Road, a 300 foot decrease from the original site plan submittal of 800 feet. The proposed setback of approximately 500 feet from Corneils Road is inconsistent with the City of Yorkville’s required setback of 1,000 feet from the nearest roadway network. Thus, staff reiterated to the petitioner that the City would not pursue a pre-annexation agreement for the proposed solar energy facility at this time and encouraged the petitioner to seek approval through Kendall County. Based off Yorkville’s staff feedback, the applicant, Daniel J. Gorman on Behalf of USA Energy Independence, LLC, has filed for a variance to Section 36-282(17)(a) with Kendall County. This variance would allow the proposed solar energy facility to proceed without annexation or an annexation agreement. Per Section 36-282(17)(a) of the Kendall County Zoning Ordinance: “All commercial solar energy facilities and test solar energy systems located within one and one-half (1½) miles of a municipality shall either annex to the municipality or obtain an annexation agreement with the municipality requiring the municipality's regulations to flow through the property.” PROPOSED DEVELOPMENT: The property is currently zoned A-1 Agricultural District. Per Kendall County’s Zoning Ordinance, all development proposed in the district must obtain site plan approval from the County Board. According to the application and site plans provided, the applicant is proposing a 5 MW AC community solar farm on one parcel (PIN #02-09-400-007) in Kendall County. The project encompasses an approximate 37.03-acres. Per Section 36-282 of Kendall County’s Zoning Ordinance, construction and operation of Commercial Solar Energy Facilities are permitted in the Agricultural District by Special Use Permit. At the May 6, 2025 Kendall County Zoning Platting and Advisory Committee meeting, the committee issued a neutral recommendation of the proposed development and added an additional condition requiring the developer/owner to enter into a community impact agreement with Kendall County. The community impact agreement would require the owner/operator of the solar farm to pay the County a certain dollar amount per megawatt (MW) produced. Please see below for an overview of the project along with the proposed site plan and structure detail: • The solar development intends to have approximately 12,120 solar panel arrays on site. • The ground mounted equipment plan shows a maximum structure height of 10’11 3/8” at full tilt. • The setback to the nearest solar array is greater than 250 feet to the nearest residence and greater than 150 feet to the nearest residential property line. • The fenced area intends to be approximately 20.1 acres, which takes up 54.2% of the parcel. • The security fence on site would be six (6) feet in height. • The access road shows a fifteen (15) foot wide gravel road inside a twenty (20) foot road easement on the southeast corner of the property. The entrance off Corneils Road is forty (40) feet wide. YORKVILLE COMPREHENSIVE PLAN: Yorkville’s 2016 Comprehensive Plan designation for this property is Estate/Conservation Residential. The Estate/Conservation Residential future land use is intended to provide flexibility for residential design in areas in Yorkville that can accommodate low-density detached single-family housing but also include sensitive environmental and scenic features that should be retained and enhanced. Although the proposed land use and A-1 zoning in Kendall County is inconsistent with Yorkville’s Comprehensive Plan Future Land Use Map, the County’s zoning would be consistent with the City’s zoning classification for a solar farm. If approved, the proposed facility to operate a commercial solar energy facility would necessitate a review and a potential amendment to the Yorkville Comprehensive Plan’s Future Land Use Map for this area. An appropriate future land use designation for this use would be the “Agricultural Zone” designation, which is meant for general farming uses. STAFF COMMENTS Staff is seeking input from the Planning and Zoning Commission as the one-and-a-half-mile review allows for the City to make comments and requests to the petitioner and County prior to their public meetings. This review will also be brought to the Economic Development Committee at the July 1, 2025 meeting and the City Council at the July 8, 2025 meeting. This item was delivered to the City on April 23, 2025. PROPOSED MOTION In consideration of the proposed mile and one-half review of Kendall County Petition 25-04 by Daniel J. Gorman on Behalf of USA Energy Independence, LLC (Prospective Buyer) and Stanley L. Zepelak on Behalf of Lucaya Asset Management, LLC (Current Owner)), seeking a special use permit for a commercial solar energy facility and variance to allow a commercial solar energy facility on land within 1.5 miles of a municipality without an annexation agreement consisting of one (1) parcel totaling ~37.03 acres, the Planning and Zoning Commission recommends the City Council to (object or not object) to the request. ATTACHMENTS 1. Application with Attachments ZPAC Memo – Prepared by Matt Asselmeier – April 23, 2025 Page 1 of 9 DEPARTMENT OF PLANNING, BUILDING & ZONING 807 West John Street • Yorkville, IL • 60560 (630) 553-4141 Fax (630) 553-4179 Petition 25-04 Daniel J. Gorman on Behalf of USA Energy Independence, LLC (Prospective Buyer) and Stanley L. Zepelak on Behalf of Lucaya Asset Management, LLC (Current Owner) A-1 Special Use Permit for Commercial Solar Energy Facility and Variance to Allow the Facility on Land Within 1.5 Miles of a Municipality Without an Annexation Agreement INTRODUCTION The Petitioner is seeking a special use permit for a commercial solar energy facility and a variance to Section 36-282(17)a of the Kendall County Code to allow a commercial solar energy facility on land within one point five (1.5) miles of municipality without an annexation agreement. The application materials, including the boundary survey, are included as Attachment 1. Stormwater information, including the wetland delineation report, is included as Attachment 2. The site plan is included as Attachment 3. The vegetative management plan is included as Attachment 4. Decommissioning information is included as Attachment 5. The Agricultural Impact Mitigation Agreement is included as Attachment 6. SITE INFORMATION PETITIONER: Daniel J. Gorman on Behalf of USA Energy Independence, LLC (Prospective Buyer) and Stanley L. Zepelak on Behalf of the Lucaya Asset Management, LLC (Current Owner) ADDRESS: Between 9417 and 9221 Corneils Road, Bristol LOCATION: Approximately 0.5 Miles East of Route 47 on the North Side of Corneils Road Aerial of Entire Property TOWNSHIP: Bristol ZPAC Memo – Prepared by Matt Asselmeier – April 23, 2025 Page 2 of 9 PARCEL #: 02-09-400-007 LOT SIZE: 37.03 +/- Acres (Total Parcel) and 20.1 +/- (Fenced Area) EXISTING LAND USE: Agricultural ZONING: A-1 LRMP: Future Land Use Suburban Residential (Max 1.00 DU/Acre) (County) Estate/Conservation Residential (Yorkville) Roads Corneils Road is a Minor Collector Road maintained by Bristol Township. Trails The United City of Yorkville has a trail planned along Corneils Road. Floodplain/ Wetlands There are no floodplains on the property. There is one (1) farmed wetland on the property and two (2) additional wet areas on the property identified in the wetland delineation report. REQUESTED ACTIONS: Special Use Permit for a Commercial Solar Energy System Variance to Allow a Commercial Solar Energy System on Land with One Point Five (1.5) Miles of a Municipality without an Annexation Agreement APPLICABLE REGULATIONS: §36-282(17) – A-1 Special Uses §36-39 – Variance Procedures Chapter 36, Article II, Division 3, Subdivision I – Special Use Procedures SURROUNDING LAND USE Location Adjacent Land Use Adjacent Zoning Land Resource Management Plan Zoning within ½ Mile North Agricultural R-2, R-2D, R-3, and B-3 (Yorkville) Urbanized Communities (County) Estate/Conservation Residential (Yorkville) A-1 (County) R-2, R-2D, R-3, and B-3 (Yorkville) South Agricultural and Single- Family Residential A-1 and R-3 (County) Suburban Residential (County) Estate/Conservation Residential and Metra Station Transit Oriented Development (Yorkville) A-1 and R-3 (County) R-4 and B-3 (Yorkville) East Agricultural and Single- Family Residential A-1 (County) R-2, R-2D, R-3, and B-3 (Yorkville) Urbanized Communities and Suburban Residential (County) A-1, A-1 SU, R-3, B-1, and B-3 (County) R-2, R-2D, R-3, and B-3 (Yorkville) ZPAC Memo – Prepared by Matt Asselmeier – April 23, 2025 Page 3 of 9 Estate/Conservation Residential (Yorkville) West Agricultural and Single- Family Residential A-1 (County) R-2 (Yorkville) Urbanized Communities, Suburban Residential, and Commercial (County) Estate/Conservation Residential (Yorkville) A-1, A-1 SU, and R-3 (County) R-2 and B-3 (Yorkville) The A-1 special use permit to the east is for a landscaping business. The A-1 special use permit to the west is for a welding business. Approximately thirty-three (33) homes, not including the homes in the original town of Bristol Station are located within half (1/2) of a mile of the subject property. Raging Waves water park is also located within half (1/2) of a mile of the subject property. PHYSICAL DATA ENDANGERED SPECIES REPORT EcoCAT Report identified protected resources in the area, but negative impacts were unlikely. The Illinois Department of Natural Resources recommended establishing pollinator friendly habitat as groundcover where feasible and the site should be de-compacted before planting. The letter from the Illinois Department of Natural Resources is included as Attachment 1, Pages 46 and 47. NATURAL RESOURCES INVENTORY The LESA Score was 179 indicating a low level of protection. The NRI Report is included as Attachment 11. ACTION SUMMARY BRISTOL TOWNSHIP Petition information was sent to Bristol Township on April 23, 2025. Prior to submittal to Kendall County, the Bristol Township Board reviewed the proposal on April 7, 2025, but that meeting was for informational purposes only. UNITED CITY OF YORKVILLE Petition information was sent to the United City of Yorkville on April 23, 2025. Prior to formal application submittal, the United City of Yorkville submitted an email stating they would not pursue annexation at this time. The email notes the proximity of several homes to the subject property; the proposal does not meet Yorkville’s one thousand foot (1,000’) setback requirement from Corneils Road; the proximity to a wetland was noted; five (5) new utility poles were proposed. Yorkville’s email is included as Attachment 7. On March 25, 2025, Yorkville submitted an email requesting a forty-foot (40’) right-of-way dedication. On April 2, 2025, Bristol Township submitted an email agreeing to the requested dedication. These emails are included as Attachments 8 and 9. BRISTOL-KENDALL FIRE PROTECTION DISTRICT Petition information was sent to the Bristol-Kendall Fire Protection District on April 23, 2025. ZPAC Memo – Prepared by Matt Asselmeier – April 23, 2025 Page 4 of 9 GENERAL INFORMATION Per § 36-282(17) of the Kendall County Code, commercial solar energy facilities businesses can be special uses on A-1 zoned property subject to the following conditions (Staff Comments in Bold): a. All commercial solar energy facilities and test solar energy systems located within one point five (1.5) miles of a municipality shall either annex to the municipality or obtain an annexation agreement with the municipality requiring the municipality’s regulations to flow through the property. Petitioner is requesting a variance. b. The setbacks for commercial solar energy facilities shall be measured from the nearest edge of any component of the facility as follows: Occupied Community Buildings or Dwellings on Nonparticipating Properties-One hundred fifty feet (150’) from the nearest point on the outside wall of the structure Boundary Lines of Participating Properties-None Boundary Lines of Nonparticipating Properties- Fifty feet (50’) to the nearest point on the property line of the nonparticipating property Public Road Rights-Of-Way-Fifty feet (50’) from the nearest edge The above setbacks do not exempt or excuse compliance with electric facility clearances approved or required by the National Electrical Code, the National Electrical Safety Code, Commerce Commission, Federal Energy Regulatory Commission, and their designees or successors. Per the site plan, see Attachment 3, Page 1, the closet nonparticipating structure is greater than two hundred fifty feet (250’) from the solar panels. The solar panels are greater than five hundred feet (500’) from Corneils Road. c. A commercial solar energy facility’s perimeter shall be enclosed by fencing having a height of at least six feet (6’) and no more than twenty-five feet (25’). This is true. Per the application materials, see Attachment 1, Page 9, the fence is proposed to be six feet (6’) in height. As noted in the site plan, see Attachment 3, Page 4, the fence will be six inches (6”) above the finished grade. The fence will be chain link topped with barbed wire. d. No component of a solar panel as part of a commercial solar energy facility shall have a height of more than twenty feet (20’) above ground when the solar energy facility’s arrays are at full tilt. This is true. Per the site plan, see Attachment 3, Page 2, the maximum height will be ten feet, eleven and three-eighths inches (10’-11 3/8”). e. The above setback, fencing, and component height requirements may be waived subject to written consent of the owner of each affected nonparticipating property. This written consent shall be submitted at the time of application submittal. No such consent requested or needed. f. Sound limitations for components in commercial solar energy facilities shall follow the sound limitations established by the Illinois Pollution Control Board. A noise study was provided; see Attachment 12. g. The County shall not require standards for construction, decommissioning, or deconstruction of a commercial solar energy system or related financial assurances to be more restrictive than agricultural impact mitigation agreement set in State law. The amount of any decommissioning payment shall be limited to the cost identified in the decommissioning or deconstruction plan, as required by the agricultural impact mitigation agreement, minus the salvage value of the project. A copy of the agricultural impact mitigation agreement shall be submitted with the application materials. The decommissioning plan is included as Attachment 5 and is outlined in the Agricultural Impact Mitigation Agreement, which is included as Attachment 6. As noted on Page 2 of Attachment 5, the Petitioner is offering a bond of Fifty Thousand Dollars ($50,000). As suggested on Page 2 of Attachment 5, the Petitioner is agreeable to not fight the County in court, if the County wished to acquire title to the subject property in the event that the decommissioning bond is insufficient ZPAC Memo – Prepared by Matt Asselmeier – April 23, 2025 Page 5 of 9 to cover all of the costs. h. A vegetative screening shall be placed around the commercial solar energy facility. The site plan (Attachment 3) references a row of Black Hills Spruce and a row Buttonbush. The spruce will be six feet (6’) minimum in height within three (3) years of planting and the Buttonbush will be four feet (4’) minimum in height within three (3) years of planting, as outlined on Page 8 of Attachment 3. The vegetative management plan was provided as Attachment 4. The types of vegetation, timing of planting, and maintenance plan are included in the vegetative management plan. i. Commercial solar energy facility applicants shall provide the results and recommendations from consultations with the Illinois Department of Natural Resources obtained through the Ecological Compliance Assessment Tool (EcoCat) or a comparable successor tool. The commercial solar energy facility applicant shall adhere to the recommendations provided through this consultation. The EcoCat was submitted and the recommendation was to establish pollinator friendly habitat as groundcover where feasible and the site should be de-compacted before planting. The letter from the Illinois Department of Natural Resources is included as Attachment 1, Pages 46 and 47. j. Commercial solar energy facility applicants shall provide the results of the United States Fish and Wildlife Service’s Information for Planning and Consulting environmental review or a comparable successor toll that is consistent with the U.S. Fish and Wildlife Service’s Land-Based Wind Energy Guidelines and any applicable United States Fish and Wildlife Service solar wildlife guidelines that have been subject to public review. This was provided on Pages 48 through 62 of the application material (Attachment 1). Five (5) threatened or endangered species were in the area. k. A facility owner shall demonstrate avoidance of protected lands as identified by the Illinois Department of Natural Resources and the Illinois Nature Preserve Commission or consider the recommendations of the Illinois Department of Natural Resources for setbacks from protected lands, including areas identified by the Illinois Nature Preserve Commission. While the site is designed around one (1) farmed wetland, there are other wet areas on the property that need to be examined through the stormwater permit review process. l. A facility owner shall provide evidence at the time of application submittal of consultation with the Illinois State Historic Preservation Office to assess potential impacts on State-registered historic sites under applicable State law. This information was provided as Attachment 10. The State Historic Preservation Office is requesting a Phase I Archeological Survey, per Attachment 10, Page 14. m. A commercial solar energy facility owner shall plant, establish, and maintain for the life of the facility vegetative ground cover consistent with State law and the guidelines of the Illinois Department of Natural Resources’ vegetative management plans. The vegetation management plan shall be required at the time of application submittal. The vegetation management plan, including timelines for planting and maintenance of the vegetation, was provided, see Attachment 4. n. The facility owner shall enter into a road use agreement with the jurisdiction having control over the applicable roads. The road use agreement shall follow applicable law. The facility owner shall supply the Kendall County Planning, Building and Zoning Department with a copy of the road use agreement. This provision shall be waived if the jurisdiction having control over the applicable roads does not wish to enter into an agreement. As of the date of this memo, the road use agreement negotiations are ongoing. The application materials (Attachment 1, Page 10) and the site plan (Attachment 3) show at a fifteen foot (15’) wide gravel road inside a twenty foot (20’) road easement on the southeast corner of the property. The entrance off of Corneils Road will be forty feet (40’) wide. o. The facility owner shall repair or pay for the repair of all damage to the drainage system caused by the construction of the commercial solar energy system within a reasonable time after construction of the commercial solar energy facility is complete. The specific time shall be set in the special use permit. No drain tile information was provided. On Page 13 of Attachment 1, there is a statement that no drain tile exists on the property. ZPAC Memo – Prepared by Matt Asselmeier – April 23, 2025 Page 6 of 9 BUILDINGS AND BUILDING CODES No buildings are planned for the site. Any structures proposed for the site, including the solar arrays, shall obtain applicable permits. ENVIRONMENTAL HEALTH The property is presently farmland. No wells, septic systems, or refuse collection points were identified. STORMWATER The proposed area of disturbance is approximately point six-five acres (0.65). The County has concerns regarding the wet areas identified in the wetland delineation report (Attachment 2) and the farmed wetland identified on the property. The Petitioner submitted a stormwater permit application. The temporary laydown area shown on the site plan (Attachment 3) is not proposed to be gravel. Four (4) infiltration basins are shown on the site plan (Attachment 3). Three (3) of these basins would be installed if required by the stormwater pollution prevention plan. No information regarding the infiltration basin was provided. ACCESS The application materials (Attachment 1, Page 10) and the site plan (Attachment 3) show a fifteen foot (15’) wide gravel road inside a twenty foot (20’) road easement on the southeast corner of the property. The entrance off of Corneils Road will be forty feet (40’) wide. PARKING AND INTERNAL TRAFFIC CIRCULATION No permanent parking was proposed. There will be a staging area during construction. LIGHTING No lighting was proposed. SIGNAGE The Petitioner proposed installing one (1) sign at the vehicular access gate stating emergency contact information (Attachment 1, Page 13). GLARE A glare study was provided as Attachment 13. IMPACT ON PROPERTY VALUES No information was provided regarding impacts on property values ODORS No odors were foreseen. NOISE A noise study was provided as Attachment 12. RELATION TO OTHER SPECIAL USES If approved, this would be the second special use permit for a commercial solar energy facility in unincorporated Kendall County. FINDINGS OF FACT-SPECIAL USE PERMIT § 36-119 of the Kendall County Code outlines findings that the Zoning Board of Appeals must make in order to recommend in favor of the applicant on special use permit applications. They are listed below in italics. Staff has provided findings in bold below based on the recommendation: The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. The Project will generate clean, renewable electricity while producing no air, noise, or water pollution, or ground contamination. The front portion of the parcel closest to Corneils Road will be retained for agricultural use and/or future residential use. ZPAC Memo – Prepared by Matt Asselmeier – April 23, 2025 Page 7 of 9 The Petitioner submitted a vegetative management plan outlining the types of vegetation that will be planted, the timing of planting, and a maintenance plan for the vegetation. The special use will not be substantially injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The Zoning classification of property within the general area of the property in question shall be considered in determining consistency with this standard. The proposed use makes adequate provisions for appropriate buffers, landscaping, fencing, lighting, building materials, open space and other improvements necessary to insure that the proposed use does not adversely impact adjacent uses and is compatible with the surrounding area and/or the County as a whole. The proposal will not interfere with the use and enjoyment of nearby properties. The surrounding properties are zoned A-1 and various residential classifications and will not be prevented from continuing any existing use or from pursuing future uses. The proposal’s operations would be quiet and minimal traffic will occur after installation is completed. The solar panels are setback from Corneils Road and screened by vegetation from neighboring houses to avoid negative visual impacts. Adequate utilities, access roads and points of ingress and egress, drainage, and/or other necessary facilities have been or are being provided. The proposal will have adequate utility interconnections designed in collaboration with ComEd. The proposal does not require water, sewer, or any other public utility facilities to operate. The Petitioner will also build all roads and entrances at the facility and will enter into an agreement with Bristol Township regarding road use. After initial construction traffic, landscape maintenance and maintenance to the project components are anticipated to occur on an as-needed basis, consistent with the vegetative management plan. Existing traffic patterns will not be impacted in the post-construction operations phase. While no drain tile is believed to be on the subject property, damaged drain tile will be repaired as outlined in the Agricultural Impact Mitigation Agreement and a condition attached to this special use permit. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the County Board pursuant to the recommendation of the Zoning Board of Appeals. If the requested variance is granted, the proposal meets all applicable regulations. The special use is consistent with the purpose and objectives of the Land Resource Management Plan and other adopted County or municipal plans and policies. The proposal is also consistent with a goal and objective found on page 3-4 of the Land Resource Management Plan, “Support the public and private use of sustainable energy systems (examples include wind, solar, and geo-thermal).” However, the proposal is located on property classified as Residential on the Future Land Use Map and the Kendall County Regional Planning Commission recommended denial of similar proposals. FINDINGS OF FACT-VARIANCE §36-39 of the Kendall County Code outlines findings that the Zoning Board of Appeals must make in order to grant variations. They are listed below in italics. Staff has provided findings in bold below based on the recommendation: The particular physical surroundings, shape, or topographical condition of the specific property involved would result in a particular hardship or practical difficulty upon the owner if the strict letter of the regulations were carried out. The subject property is located within one point five (1.5) miles of the United City of Yorkville. Information was provided stating that the United City of Yorkville did not wish to annex the property or enter into a pre-annexation agreement. The conditions upon which the requested variation is based would not be applicable, generally, to other property within the same zoning classification. Other A-1 zoned properties within one point five (1.5) miles of a municipality could request a similar variance, if the municipality refuses to annex or enter into a pre- annexation agreement. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. The difficulty was created because the United City of Yorkville did not wish to enter into a pre- annexation agreement or annex the property. ZPAC Memo – Prepared by Matt Asselmeier – April 23, 2025 Page 8 of 9 The granting of the variation will not materially be detrimental to the public welfare or substantially injurious to other property or improvements in the neighborhood in which the property is located. Granting the variance would not be detrimental to the public or substantially injurious to other properties. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets or increase the danger of fire, or endanger the public safety or substantially diminish or impair property values within the neighborhood. The proposed variance would not impair light or air on adjacent property, cause congestion, increase the danger of fire, or negatively impact property values. RECOMMENDATION Given that the Kendall County Regional Planning Commission previously recommended denial of proposals on properties classified as Residential on the County’s Future Land Use Map, and because of lack of clarity in State law regarding using the LaSalle and Sinclar Factors in evaluating applications of special use permits for commercial solar facilities, Staff’s recommendation is neutral. Assuming that conditions can be imposed on the special use permit, the proposed conditions and restrictions are as follows: 1. The site shall be developed substantially in accordance with the submitted site plan (Attachment 3), vegetative management plan (Attachment 4), decommissioning plan (Attachment 5), road access plan (yet to be submitted), and Agricultural Impact Mitigation Agreement (Attachment 6). The Black Hills Spruce shall be planted in one (1) row and the Buttonbush shall be planted in a second row. 2. A variance to section 36-282(17)(a) of the Kendall County Code is hereby granted allowing a commercial solar energy facility within one point five (1.5) miles of a municipality without an annexation or pre-annexation agreement. 3. In the event that the decommissioning bond is insufficient to cover the costs of decommissioning the site as outlined in the decommissioning plan (Attachment 5), the owners of the subject property shall not contest in court if the County wishes to obtain title to the subject property to cover the costs of decommissioning the use allowed by this special use permit. 4. Within ninety (90) days of the approval of the special use permit, the owners of the subject property shall dedicate a strip of land forty feet (40’) in depth along the southern property line to Bristol Township. The Kendall County Planning, Building and Zoning Committee may grant an extension to this deadline. 5. None of the vehicles or equipment parked or stored on the subject property allowed by the special use permit shall be considered agricultural vehicles or agricultural equipment. 6. All of the vehicles and equipment stored on the subject property allowed by the special use permit shall be maintained in good condition with no deflated tires and shall be licensed if required by law. 7. Any structures, including solar arrays, constructed, installed, or used allowed by this special use permit shall not be considered for agricultural purposes and must secure applicable building permits. 8. One (1) warning sign shall be placed near or on the entrance gate. This sign shall include, at minimum, the address of the subject property and a twenty-four (24) hour emergency contact phone number. Additional signage may be installed, if required by applicable law. 9. KenCom and other applicable public safety agencies shall be supplied the access code to the Knox Box/security gate. 10. Damaged drain tile will be repaired on a timeframe approved by the Kendall County Planning, Building and Zoning Department. 11. The operators of the use allowed by this special use permit acknowledge and agree to follow Kendall County’s Right to Farm Clause. 12. The property owner and operator of the use allowed by this special use permit shall follow all applicable Federal, State, and Local laws related to the operation of this type of use. ZPAC Memo – Prepared by Matt Asselmeier – April 23, 2025 Page 9 of 9 13. Failure to comply with one or more of the above conditions or restrictions could result in the amendment or revocation of the special use permit. 14. If one or more of the above conditions is declared invalid by a court of competent jurisdiction, the remaining conditions shall remain valid. 15. This special use permit and variance shall be treated as a covenant running with the land and is binding on the successors, heirs, and assigns as to the same special use conducted on the property. ATTACHMENTS 1. Application Materials 2. Wetland Delineation Reports 3. Site Plan 4. Vegetative Management Plan 5. Decommissioning Information 6. Agricultural Impact Mitigation Agreement 7. January 27, 2025, Email from the United City of Yorkville 8. March 25, 2025, Email from the United City of Yorkville 9. April 2, 2025, Email from Bristol Township 10. State Historic Preservation Office Information 11. NRI Report 12. Noise Study 13. Glare Study Attachment 1, Page 1 Attachment 1, Page 2 Attachment 1, Page 3 Attachment 1, Page 4 Attachment 1, Page 5 Attachment 1, Page 6 Attachment 1, Page 7 Attachment 1, Page 8 Attachment 1, Page 9 Attachment 1, Page 10 Attachment 1, Page 11 Attachment 1, Page 12 Attachment 1, Page 13 Attachment 1, Page 14 Attachment 1, Page 15 Attachment 1, Page 16 Attachment 1, Page 17 Attachment 1, Page 18 Attachment 1, Page 19 Attachment 1, Page 20 Attachment 1, Page 21 Attachment 1, Page 22 Attachment 1, Page 23 Attachment 1, Page 24 Attachment 1, Page 25 Attachment 1, Page 26 Attachment 1, Page 27 Attachment 1, Page 28 Attachment 1, Page 29 Attachment 1, Page 30 Attachment 1, Page 31 Attachment 1, Page 32 Attachment 1, Page 33 Attachment 1, Page 34 Attachment 1, Page 35 Attachment 1, Page 36 Attachment 1, Page 37 Attachment 1, Page 38 Attachment 1, Page 39 Attachment 1, Page 40 Attachment 1, Page 41 Attachment 1, Page 42 Attachment 1, Page 43 Attachment 1, Page 44 Attachment 1, Page 45 Attachment 1, Page 46 Attachment 1, Page 47 Attachment 1, Page 48 Attachment 1, Page 49 Attachment 1, Page 50 Attachment 1, Page 51 Attachment 1, Page 52 Attachment 1, Page 53 Attachment 1, Page 54 Attachment 1, Page 55 Attachment 1, Page 56 Attachment 1, Page 57 Attachment 1, Page 58 Attachment 1, Page 59 Attachment 1, Page 60 Attachment 1, Page 61 Attachment 1, Page 62 Attachment 1, Page 63 Attachment 1, Page 64 Attachment 1, Page 65 Attachment 2, Page 1 Attachment 2, Page 2 Attachment 2, Page 3 Attachment 2, Page 4 Attachment 2, Page 5 Attachment 2, Page 6 Attachment 2, Page 7 Attachment 2, Page 8 Attachment 2, Page 9 Attachment 2, Page 10 Attachment 2, Page 11 Attachment 2, Page 12 Attachment 2, Page 13 Attachment 2, Page 14 Attachment 2, Page 15 Attachment 2, Page 16 Attachment 2, Page 17 Attachment 2, Page 18 Attachment 2, Page 19 Attachment 2, Page 20 Attachment 2, Page 21 Attachment 2, Page 22 Attachment 2, Page 23 Attachment 2, Page 24 Attachment 2, Page 25 Attachment 2, Page 26 Attachment 2, Page 27 Attachment 2, Page 28 Attachment 2, Page 29 Attachment 2, Page 30 Attachment 2, Page 31 Attachment 2, Page 32 Attachment 2, Page 33 Attachment 2, Page 34 Attachment 2, Page 35 Attachment 2, Page 36 Attachment 2, Page 37 Attachment 2, Page 38 Attachment 2, Page 39 Attachment 2, Page 40 Attachment 2, Page 41 Attachment 2, Page 42 Attachment 3, Page 1 Attachment 3, Page 2 Attachment 3, Page 3 Attachment 3, Page 4 Attachment 3, Page 5 Attachment 3, Page 6 Attachment 3, Page 7 Attachment 3, Page 8 Attachment 3, Page 9 Attachment 3, Page 10 Attachment 3, Page 11 Attachment 4, Page 1 Attachment 4, Page 2 Attachment 4, Page 3 Attachment 4, Page 4 Attachment 4, Page 5 Attachment 4, Page 6 Attachment 4, Page 7 Attachment 4, Page 8 Attachment 4, Page 9 Attachment 4, Page 10 Attachment 4, Page 11 Attachment 4, Page 12 Attachment 4, Page 13 Attachment 4, Page 14 Attachment 4, Page 15 Attachment 4, Page 16 Attachment 5, Page 1 Attachment 5, Page 2 Attachment 5, Page 3 Attachment 5, Page 4 Attachment 5, Page 5 Attachment 5, Page 6 Attachment 5, Page 7 Attachment 5, Page 8 Attachment 5, Page 9 Attachment 5, Page 10 Attachment 5, Page 11 Attachment 6, Page 1 Attachment 6, Page 2 Attachment 6, Page 3 Attachment 6, Page 4 Attachment 6, Page 5 Attachment 6, Page 6 Attachment 6, Page 7 Attachment 6, Page 8 Attachment 6, Page 9 Attachment 6, Page 10 Attachment 6, Page 11 Attachment 6, Page 12 Attachment 6, Page 13 Attachment 6, Page 14 Attachment 7 Attachment 8 Attachment 9 Attachment 10, Page 1 Attachment 10, Page 2 Attachment 10, Page 3 Attachment 10, Page 4 Attachment 10, Page 5 Attachment 10, Page 6 Attachment 10, Page 7 Attachment 10, Page 8 Attachment 10, Page 9 Attachment 10, Page 10 Attachment 10, Page 11 Attachment 10, Page 12 Attachment 10, Page 13 Attachment 10, Page 14 Attachment 11, Page 1 Attachment 11, Page 2 NRI 2504 April 2025 PURPOSE AND INTENT The purpose of this report is to provide officials of the local governing body and other decision-makers with natural resource information. This information may be useful when undertaking land use decisions concerning variations, amendments or relief of local zoning ordinances, proposed subdivision of vacant or agricultural lands and the subsequent development of these lands. This report is a requirement under Section 22.02a of the Illinois Soil and Water Conservation Districts Act. The intent of this report is to present the most current natural resource information available in a readily understandable manner. It contains a description of the present site conditions, the present resources, and the potential impacts that the proposed change may have on the site and its resources. The natural resource information was gathered from standardized data, on-site investigations and information furnished by the petitioner. This report must be read in its entirety so that the relationship between the natural resource factors and the proposed land use change can be fully understood. Due to the limitations of scale encountered with the various resource maps, the property boundaries depicted in the various exhibits in this report provide a generalized representation of the property location and may not precisely reflect the legal description of the PIQ (Parcel in Question). This report, when used properly, will provide the basis for proper land use change decisions and development while protecting the natural resource base of the county. It should not be used in place of detailed environmental and/or engineering studies that are warranted under most circumstances, but in conjunction with those studies. The conclusions of this report in no way indicate that a certain land use is not possible, but it should alert the reader to possible problems that may occur if the capabilities of the land are ignored. Any questions on the technical data supplied in this report or if anyone feels that they would like to see more additional specific information to make the report more effective, please contact: Kendall County Soil and Water Conservation District 7775A Route 47, Yorkville, IL 60560 Phone: (630) 553-5821 ext. 3 E-mail: Alyse.Olson@il.nacdnet.net Attachment 11, Page 3 NRI 2504 April 2025 TABLE OF CONTENTS EXECUTIVE SUMMARY .................................................................................................................................. 1 PARCEL LOCATION ........................................................................................................................................ 8 ARCHAEOLOGIC/CULTURAL RESOURCES INFORMATION ........................................................................... 10 ECOLOGICALLY SENSITIVE AREAS ............................................................................................................... 11 SOILS INFORMATION .................................................................................................................................. 13 SOILS INTERPRETATIONS EXPLANATION..................................................................................................... 15 BUILDING LIMITATIONS .............................................................................................................................. 16 SOIL WATER FEATURES ............................................................................................................................... 22 SOIL EROSION AND SEDIMENT CONTROL ................................................................................................... 24 PRIME FARMLAND SOILS ............................................................................................................................ 25 LAND EVALUATION AND SITE ASSESSMENT (LESA) .................................................................................... 26 LAND USE PLANS ......................................................................................................................................... 28 DRAINAGE, RUNOFF, AND FLOOD INFORMATION ..................................................................................... 28 WATERSHED PLANS .................................................................................................................................... 32 WETLAND INFORMATION ........................................................................................................................... 33 HYDRIC SOILS .............................................................................................................................................. 35 WETLAND AND FLOODPLAIN REGULATIONS .............................................................................................. 37 GLOSSARY.................................................................................................................................................... 38 REFERENCES ................................................................................................................................................ 41 LIST OF FIGURES FIGURE 1: Soil Map ………………………………..……………………..……………………………………………………..………………… 2 FIGURE 2: Soil Limitations …………..……………………………………………………….…………………………………………………. 4 FIGURE 3: 2021 Plat Map ………………..……………………………………………………….………...………………………………….. 8 FIGURE 4: Aerial Map with NRI Site Boundary ………………………….………….………………………….……………..……... 9 FIGURE 5: Soil Map ………………………………………………………………………………….…………………………………………… 14 FIGURE 6A-6C: Maps of Building Limitations ……………………………………………..……………………………..…….. 19-21 Attachment 11, Page 4 NRI 2504 April 2025 FIGURE 7: Prime Farmland Soils …………………………………….………………………………………..…………………….…….. 25 FIGURE 8: Flood Map ……………………..………………….……………….…………………….………….……………………………… 30 FIGURE 9: Topographic Map ……………………………………………….…………………………..………………….……………….. 31 FIGURE 10: Watershed Map …………………………………………………….……………………………..………………………….… 32 FIGURE 11: Wetland Map ……………………………………………………………………………………………..…….……….………. 34 FIGURE 12: Hydric Soils Map …………………………………………………………………………………….……….…….…………… 36 LIST OF TABLES TABLE 1: Soils Information ……………………………………………………………….…………………………………………………….. 3 TABLE 2: Soil Limitations ………………………………..………………………………………………….……………………….………….. 4 TABLE 3: Soil Map Unit Descriptions …………………………………………………………….…………………………..………….. 14 TABLE 4: Building Limitations ……………………………………………………………………………………………………………….. 17 TABLE 5: Water Features ………………………………………………………………………………………….……………………..…… 23 TABLE 6: Soil Erosion Potential ……………………………………………………………………………………………….……………. 24 TABLE 7: Prime Farmland Soils …………………………………………………………………………………………………..…………. 25 TABLE 8A: Land Evaluation Computation ………………………………………………………..…………………………..………. 26 TABLE 8B: Site Assessment Computation ………………………………………………………….………………………………….. 27 TABLE 9: LESA Score Summary ……………………………………………………………………………………………………………… 27 TABLE 10: Hydric Soils ………………………..…………………………………………………..…………………………….…..………… 35 Attachment 11, Page 5 Attachment 11, Page 6 NRI 2504 April 2025 2 NATURAL RESOURCE CONSIDERATIONS SOIL INFORMATION Based on information from the United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) 2008 Kendall County Soil Survey, this project area contains the soil types shown in Figure 1 and Table 1. Please note this does not replace the need for or results of onsite soil testing. If completed, please refer to onsite soil test results for planning/engineering purposes. Figure 1: Soil Map Attachment 11, Page 7 NRI 2504 April 2025 3 Table 1: Soils Information Soil Type Soil Name Drainage Class Hydrologic Group Hydric Designation Farmland Designation Acres % Area 152A Drummer silty clay loam, 0-2% slopes Poorly Drained B/D Hydric Prime Farmland if Drained 1.9 9.0% 219A Millbrook silt loam, 0-2% slopes Somewhat Poorly Drained C/D Non-Hydric w/ Hydric Inclusions Prime Farmland if Drained 1.2 5.8% 318C2 Lorenzo loam, 4-6% slopes, eroded Well Drained B Non-Hydric Farmland of Statewide Importance 2.1 10.1% 791A Rush silt loam, 0-2% slopes Well Drained B Non-Hydric w/ Hydric Inclusions Prime Farmland 7.5 36.1% 791B Rush silt loam, 2-4% slopes Well Drained B Non-Hydric w/ Hydric Inclusions Prime Farmland 8.1 39.0% Hydrologic Soil Groups – Soils have been classified into four (A, B, C, D) hydrologic groups based on runoff characteristics due to rainfall. If a soil is assigned to a dual hydrologic group (A/D, B/D or C/D), the first letter is for drained areas and the second letter is for undrained areas. • Hydrologic group A: Soils have a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. • Hydrologic group B: Soils have a moderate infiltration rate when thoroughly wet, consist chiefly of moderately deep to deep, moderately well drained to well drained soils that have a moderately fine to moderately coarse texture. These soils have a moderate rate of water transmission. • Hydrologic group C: Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. • Hydrologic group D: Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink-swell potential, soils that have a high water table, have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. Hydric Soils – A hydric soil is one that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part of the soil profile that supports the growth or regeneration of hydrophytic vegetation. Soils with hydric inclusions have map units dominantly made up of non-hydric soils that may have inclusions of hydric soils in the lower positions on the landscape. Of the soils found onsite, one is classified as hydric soil (152A Drummer silty clay loam), one is classified as non-hydric soil (318C2 Lorenzo loam), and three are classified as non-hydric soil with hydric inclusions likely (219A Millbrook silt loam, 791A Rush silt loam, and 791B Rush silt loam). Prime Farmland – Prime farmland is land that has the best combination of physical and chemical characteristics for agricultural production. Prime farmland soils are an important resource to Kendall County and some of the most productive soils in the United States occur locally. Of the soils found onsite, two are designated as prime farmland (791A Rush silt loam and 791B Rush silt loam), two are designated Attachment 11, Page 8 NRI 2504 April 2025 4 as prime farmland if drained (152A Drummer silty clay loam and 219A Millbrook silt loam), and one is designated as farmland of statewide importance (318C2 Lorenzo loam). Soil Limitations – The USDA-NRCS Web Soil Survey rates the limitations of soils for dwellings, small commercial buildings, solar arrays, shallow excavations, lawns/landscaping, local roads and streets, etc. Soils have different properties which influence the development of building sites. The USDA-NRCS classifies soils as Not Limited, Somewhat Limited, and Very Limited. Soils that are Not Limited indicates that the soil has properties that are favorable for the specified use. They will perform well and will have low maintenance. Soils that are Somewhat Limited are moderately favorable, and their limitations can be overcome through special planning, design, or installation. Soils that are Very Limited have features that are unfavorable for the specified use, and their limitations cannot easily be overcome. Table 2: Soil Limitations Soil Type Solar Arrays Shallow Excavations Lawns/ Landscaping Local Roads / Streets 152A Very Limited Very Limited Very Limited Very Limited 219A Very Limited Very Limited Somewhat Limited Very Limited 318C2 Somewhat Limited Somewhat Limited Somewhat Limited Somewhat Limited 791A Very Limited Somewhat Limited Somewhat Limited Very Limited 791B Very Limited Somewhat Limited Somewhat Limited Very Limited Figure 2: Soil Limitations KENDALL COUNTY LAND EVALUATION AND SITE ASSESSMENT (LESA) Decision-makers in Kendall County use the Land Evaluation and Site Assessment (LESA) system to determine the suitability of a land use change and/or a zoning request as it relates to agricultural land. The LESA system was developed by the United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) and takes into consideration local conditions such as physical characteristics of the land, compatibility of surrounding land-uses, and urban growth factors. The LESA system is a two-step procedure that includes: • Land Evaluation (LE): The soils of a given area are rated and placed in groups ranging from the best to worst suited for a stated agriculture use, cropland, or forestland. The best group is 0 20 40 60 80 100 Solar Arrays Shallow Excavations Lawns/Landscaping Natural Surface Roads % OF SOIL TYPE OF IMPROVEMENT SOIL LIMITATIONS Not Limited Somewhat Limited Very Limited Attachment 11, Page 9 NRI 2504 April 2025 5 assigned a value of 100 and all other groups are assigned lower values. The Land Evaluation is based on data from the Kendall County Soil Survey. The Kendall County Soil and Water Conservation District is responsible for this portion of the LESA system. The Land Evaluation score for this site is 80 out of 100, indicating that the soils are well suited for agricultural uses. • Site Assessment (SA): The site is numerically evaluated according to important factors that contribute to the quality of the site. Each factor selected is assigned values in accordance with the local needs and objectives. The Site Assessment value is based on a 200-point scale and accounts for 2/3 of the total score. The Kendall County LESA Committee is responsible for this portion of the LESA system. The Site Assessment score for this site is 99 out of 200. The LESA Score for this site is 179 out of a possible 300, which indicates a low level of protection for the proposed project site. Selecting the project site with the lowest total points will generally protect the best farmland located in the most viable areas and maintain and promote the agricultural industry in Kendall County. WETLANDS The U.S. Fish & Wildlife Service’s National Wetlands Inventory map indicates the presence of wetland(s)/waters on or near the proposed project site. To determine if a wetland is present, a wetland delineation specialist, who is recognized by the U.S. Army Corps of Engineers, should determine the exact boundaries and value of the wetlands. FLOODPLAIN The Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Maps (FIRM) for Kendall County, Community Panel No. 17093C0035H (effective date January 8, 2014) and 17093C0030G (effective date February 4, 2009) were reviewed to determine the presence of floodplain and floodway areas within the project site. According to the map, the site does not appear to contain areas of regulated floodplain or floodway. SEDIMENT AND EROSION CONTROL Development on this site should include an erosion and sediment control plan in accordance with local, state, and federal regulations. Soil erosion on construction sites is a resource concern as suspended sediment from areas undergoing development is a primary nonpoint source of water pollution. Please consult the Illinois Urban Manual (https://illinoisurbanmanual.org/) for appropriate best management practices. STORMWATER POLLUTION A National Pollutant Discharge Elimination System (NPDES) permit (Permit No. ILR10) from the Illinois Environmental Protection Agency (IEPA) is required for stormwater discharges from construction sites that will disturb 1 or more acres of land. Conditions of the NPDES ILR10 permit require the development and implementation of a Stormwater Pollution Prevention Plan (SWPPP) to reduce stormwater pollutants on the construction site before they can cause environmental issues. Attachment 11, Page 10 NRI 2504 April 2025 6 ECOLOGICAL CONSIDERATIONS Developers of solar project sites are encouraged to plant native groundcover. Native shrubs, grasses, and wildflowers offer benefits such as improved erosion control, pesticide avoidance, stormwater infiltration, wildlife habitat, and reduced overall maintenance. Naturalized areas, once established, are more drought tolerant, require little to no fertilization, and only need to be mowed once or twice a year. Native fruiting and flowering plants also provide a food source and habitat for native pollinators which offer the ecological service of pollinating our agricultural crops. The district recognizes two potential sources of water pollution from solar farms including cracked panels and oil leaks or spills from transformers. Cracked panels can leach toxic materials if many broken panels are exposed to precipitation over a long period of time. To prevent this issue, solar farm operators should regularly inspect for cracked panels. Cracked or broken panels must be immediately stored under protective cover and should be periodically transported offsite for recycling or proper offsite storage. Electrical transformers are used to increase output voltage from solar farms to the electrical grid. These transformers contain oil, which can leak or spill resulting in environmental damage. To reduce environmental damage, biodegradable oil can be used in the transformers. Larger transformers typically use mineral-based oil unless biodegradable oil is specifically requested. Leaks and spills of biodegradable oil must still be prevented, but the risk for groundwater contamination would be reduced and clean-up efforts simplified in the event of a release. Secondary containment systems such as trays, membranes, or vaults can also be used in the event of a leak or spill. Containment systems must be designed to manage stormwater so adequate containment volume is maintained. This would be the responsibility of the solar developer. Attachment 11, Page 11 Attachment 11, Page 12 Attachment 11, Page 13 NRI 2504 April 2025 9 Figure 4: Aerial Map with NRI Project Boundary Attachment 11, Page 14 NRI 2504 April 2025 10 ARCHAEOLOGIC/CULTURAL RESOURCES INFORMATION Simply stated, cultural resources are all the past activities and accomplishments of people. They include the following: buildings; objects made or used by people; locations; and less tangible resources, such as stories, dance forms, and holiday traditions. The Soil and Water Conservation District most often encounters cultural resources as historical properties. These may be prehistoric or historical sites, buildings, structures, features, or objects. The most common type of historical property that the Soil and Water Conservation District may encounter is non-structural archaeological sites. These sites often extend below the soil surface and must be protected against disruption by development or other earth moving activity if possible. Cultural resources are non- renewable because there is no way to “grow” a site to replace a disrupted site. Landowners with historical properties on their land have ownership of that historical property. However, the State of Illinois owns all the following: human remains, grave markers, burial mounds, and artifacts associated with graves and human remains. Non-grave artifacts from archaeological sites and historical buildings are the property of the landowner. The landowner may choose to disturb a historical property but may not receive federal or state assistance to do so. If an earth moving activity disturbs human remains, the landowner must contact the county coroner within 48 hours. The Illinois State Historic Preservation Office has not been notified of the proposed land use change by the Kendall County SWCD. There may be historic features in the area. The applicant may need to contact them according to current Illinois law. Attachment 11, Page 15 NRI 2504 April 2025 11 ECOLOGICALLY SENSITIVE AREAS WHAT IS BIOLOGICAL DIVERSITY AND WHY SHOULD IT BE CONSERVED?1 Biological diversity, or biodiversity, is the range of life on our planet. A more thorough definition is presented by botanist Peter H. Raven: “At the simplest level, biodiversity is the sum total of all the plants, animals, fungi and microorganisms in the world, or in a particular area; all of their individual variation; and all of the interactions between them. It is the set of living organisms that make up the fabric of the planet Earth and allow it to function as it does, by capturing energy from the sun and using it to drive all of life’s processes; by forming communities of organisms that have, through the several billion years of life’s history on Earth, altered the nature of the atmosphere, the soil and the water of our Planet; and by making possible the sustainability of our planet through their life activities now” (Raven 1994). It is not known how many species occur on our planet. Presently, about 1.4 million species have been named. It has been estimated that there are perhaps 9 million more that have not been identified. What is known is that they are vanishing at an unprecedented rate. Reliable estimates show extinction occurring at a rate several orders of magnitude above “background” in some ecological systems (Wilson 1992, Hoose 1981). The reasons for protecting biological diversity are complex, but they fall into four major categories. First, loss of diversity generally weakens entire natural systems. Healthy ecosystems tend to have many natural checks and balances. Every species plays a role in maintaining this system. When simplified by the loss of diversity, the system becomes more susceptible to natural and artificial perturbations. The chances of a system-wide collapse increase. In parts of the midwestern United States, for example, it was only the remnant areas of natural prairies that kept soil intact during the dust bowl years of the 1930s (Roush 1982). Simplified ecosystems are almost always expensive to maintain. For example, when synthetic chemicals are relied upon to control pests, the target species are not the only ones affected. Their predators are almost always killed or driven away, exasperating the pest problem. In the meantime, people are unintentionally breeding pesticide-resistant pests. A process has begun where people become perpetual guardians of the affected area, which requires the expenditure of financial resources and human ingenuity to keep the system going. A second reason for protecting biological diversity is that it represents one of our greatest untapped resources. Great benefits can be reaped from a single species. About 20 species provide 90% of the world’s food. Of these 20, just three, wheat, maize, and rice-supply over one half of that food. American wheat farmers need new varieties every five to 15 years to compete with pests and diseases. Wild strains of wheat are critical genetic reservoirs for these new varieties. Further, every species is a potential source of human medicine. In 1980, a published report identified the market value of prescription drugs from higher plants at over $3 billion. Organic alkaloids, a class of Attachment 11, Page 16 NRI 2504 April 2025 12 chemical compounds used in medicines, are found in an estimated 20% of plant species. Yet only 2% of plant species have been screened for these compounds (Hoose 1981). The third reason for protecting diversity is that humans benefit from natural areas and depend on healthy ecosystems. The natural world supplies our air, our water, our food and supports human economic activity. Further, humans are creatures that evolved in a diverse natural environment between forest and grasslands. People need to be reassured that such places remain. When people speak of “going to the country,” they generally mean more than getting out of town. For reasons of their own sanity and wellbeing, they need a holistic, organic experience. Prolonged exposure to urban monotony produces neuroses, for which cultural and natural diversity cure. Historically, the lack of attention to biological diversity, and the ecological processes it supports, has resulted in economic hardships for segments of the basin’s human population. The final reason for protecting biological diversity is that species and natural systems are intrinsically valuable. The above reasons have focused on the benefits of the natural world to humans. All things possess intrinsic value simply because they exist. BIOLOGICAL RESOURCES CONCERNING THE SUBJECT PARCEL As part of the Natural Resources Information Report, staff checks office maps to determine if any nature preserves or ecologically sensitive areas are in the general vicinity of the parcel in question. If there is a nature preserve in the area, then that resource will be identified as part of the report. The SWCD recommends that every effort be made to protect that resource. Such efforts should include, but are not limited to erosion control, sediment control, stormwater management, and groundwater monitoring. ______________________________________________________________________________ 1Taken from The Conservation of Biological Diversity in the Great Lakes Ecosystem: Issues and Opportunities, prepared by the Nature Conservancy Great Lakes Program 79W. Monroe Street, Suite 1309, Chicago, IL 60603, January 1994. Office maps indicate that there are no nature preserves in the vicinity of the parcel in question (PIQ). Adjacent to the PIQ is a mapped freshwater emergent wetland to the north and a mapped freshwater pond to the south. These are ecologically sensitive areas. Attachment 11, Page 17 NRI 2504 April 2025 13 SOILS INFORMATION IMPORTANCE OF SOILS INFORMATION Soils information comes from the Natural Resources Conservation Service Soil Maps and Descriptions for Kendall County. This information is important to all parties involved in determining the suitability of the proposed land use change. Each soil polygon is given a number, which represents its soil type. The letter found after the soil type number indicates the soils slope class. Each soil map unit has limitations for a variety of land uses such as septic systems, buildings with basements, and buildings without basements. It is important to remember that soils do not function independently of each other. The behavior of a soil depends upon the physical properties of adjacent soil types, the presence of artificial drainage, soil compaction, and its position in the local landscape. The limitation categories (not limited, somewhat limited, or very limited) indicate the potential for difficulty in using that soil unit for the proposed activity and, thus, the degree of need for thorough soil borings and engineering studies. A limitation does not necessarily mean that the proposed activity cannot be done on that soil type. It does mean that the reasons for the limitation need to be thoroughly understood and dealt with to complete the proposed activity successfully. Very limited indicates that the proposed activity will be more difficult and costly to do on that soil type than on a soil type with a somewhat limited or not limited rating. Soil survey interpretations are predictions of soil behavior for specified land uses and specified management practices. They are based on the soil properties that directly influence the specified use of the soil. Soil survey interpretations allow users of soil surveys to plan reasonable alternatives for the use and management of soils. Soil interpretations do not eliminate the need for on-site study and testing of specific sites for the design and construction for specific uses. They can be used as a guide for planning more detailed investigations and for avoiding undesirable sites for an intended use. The scale of the maps and the range of error limit the use of the soil delineation. Attachment 11, Page 18 NRI 2504 April 2025 14 Figure 5: Soil Map Table 3: Soil Map Unit Descriptions Soil Type Soil Name Acres Percent 152A Drummer silty clay loam, 0-2% slopes 1.9 9.0% 219A Millbrook silt loam, 0-2% slopes 1.2 5.8% 318C2 Lorenzo loam, 4-6% slopes, eroded 2.1 10.1% 791A Rush silt loam, 0-2% slopes 7.5 36.1% 791B Rush silt loam, 2-4% slopes 8.1 39.0% Source: National Cooperative Soil Survey – USDA-NRCS Attachment 11, Page 19 NRI 2504 April 2025 15 SOILS INTERPRETATIONS EXPLANATION GENERAL – NONAGRICULTURAL These interpretative ratings help engineers, planners, and others to understand how soil properties influence behavior when used for nonagricultural uses such as building site development or construction materials. This report gives ratings for proposed uses in terms of limitations and restrictive features. The tables list only the most restrictive features. Other features may need treatment to overcome soil limitations for a specific purpose. Ratings come from the soil's "natural" state, that is, no unusual modification occurs other than that which is considered normal practice for the rated use. Even though soils may have limitations, an engineer may alter soil features or adjust building plans for a structure to compensate for most degrees of limitations. Most of these practices, however, are costly. The final decision in selecting a site for a particular use generally involves weighing the costs for site preparation and maintenance. Soil properties influence development of building sites, including the selection of the site, the design of the structure, construction, performance after construction, and maintenance. Soil limitation ratings of not limited, somewhat limited, and very limited are given for the types of proposed improvements that are listed or inferred by the petitioner as entered on the report application and/or zoning petition. The most common types of building limitation that this report gives limitations ratings for is septic systems. It is understood that engineering practices can overcome most limitations for buildings with and without basements, and small commercial buildings. Limitation ratings for these types of buildings are not commonly provided. Organic soils, when present on the parcel, are referenced in the hydric soils section of the report. This type of soil is considered unsuitable for all types of construction. LIMIATIONS RATINGS • Not Limited: This soil has favorable properties for the use. The degree of limitation is minor. The people involved can expect good performance and low maintenance. • Somewhat Limited: This soil has moderately favorable properties for the use. Special planning, design, or maintenance can overcome this degree of limitation. During some part of the year, the expected performance is less desirable than for soils rated slight. • Very Limited: This soil has one or more properties that are unfavorable for the rated use. These may include the following: steep slopes, bedrock near the surface, flooding, high shrink-swell potential, a seasonal high water table, or low strength. This degree of limitation generally requires major soil reclamation, special design, or intensive maintenance, which in most situations is difficult and costly. Attachment 11, Page 20 NRI 2504 April 2025 16 BUILDING LIMITATIONS BUILDING ON POORLY SUITED OR UNSUITABLE SOILS Building on poorly suited or unsuitable soils can present problems to future property owners such as cracked foundations, wet basements, lowered structural integrity and high maintenance costs associated with these problems. The staff of the Kendall County SWCD strongly urges scrutiny by the plat reviewers when granting parcels with these soils exclusively. Solar Arrays, Soil-Penetrating Anchor Systems – Ground-based solar arrays are sets of photovoltaic panels that are not situated on a building or pole. These installations consist of a racking system that holds the panel in the desired orientation and the foundation structures that hold the racking system to the ground. Two basic methods are used to hold the systems to the ground, based on site conditions and cost. One method employs driven piles, screw augers, or concrete piers that penetrate the soil to provide a stable foundation. Shallow Excavations – Trenches or holes dug to a maximum depth of 5 or 6 feet for utility lines, open ditches, or other purposes. Ratings are based on soil properties that influence the ease of digging and the resistance to sloughing. Lawns and Landscaping – Require soils on which turf and ornamental trees and shrubs can be established and maintained (irrigation is not considered in the ratings). The ratings are based on the soil properties that affect plant growth and trafficability after vegetation is established. Local Roads and Streets – They have an all-weather surface and carry automobile and light truck traffic all year. They have a subgrade of cut or fill soil material, a base of gravel, crushed rock or soil material stabilized by lime or cement; and a surface of flexible material (asphalt), rigid material (concrete) or gravel with a binder. The ratings are based on the soil properties that affect the ease of excavation and grading and the traffic-supporting capacity. Attachment 11, Page 21 NRI 2504 April 2025 17 Table 4: Building Limitations Soil Type Solar Arrays Shallow Excavations Lawns & Landscaping Local Roads & Streets Acres % 152A Very Limited: Ponding Depth to saturated zone Frost action Low strength Steel corrosion Shrink-swell Very Limited: Ponding Depth to saturated zone Dusty Unstable excavation walls Too clayey Very Limited: Ponding Depth to saturated zone Dusty Very Limited: Ponding Depth to saturated zone Frost action Low strength Shrink-swell 1.9 9.0% 219A Very Limited: Frost action Depth to saturated zone Steel corrosion Shrink-swell Hillslope position Ponding Low strength Very Limited: Depth to saturated zone Dusty Unstable excavation walls Ponding Somewhat Limited: Depth to saturated zone Dusty Very Limited: Frost action Depth to saturated zone Shrink-swell Low strength Ponding 1.2 5.8% 318C2 Somewhat Limited: Steel corrosion Frost action Hillslope position Depth to saturated zone Shrink-swell Low strength Somewhat Limited: Unstable excavation walls Dusty Somewhat Limited: Droughty Dusty Depth to saturated zone Somewhat Limited: Frost action Depth to saturated zone Low strength Shrink swell 2.1 10.1% 791A Very Limited: Frost action Steel corrosion Low strength Shrink-swell Hillslope position Ponding Depth to saturated zone Somewhat Limited: Dusty Unstable excavation walls Somewhat Limited: Dusty Very Limited: Frost action Low strength Shrink-swell Ponding Depth to saturated zone 7.5 36.1% Attachment 11, Page 22 Attachment 11, Page 23 Attachment 11, Page 24 Attachment 11, Page 25 Attachment 11, Page 26 NRI 2504 April 2025 22 SOIL WATER FEATURES Table 5, below, gives estimates of various soil water features that should be taken into consideration when reviewing engineering for a land use project. HYDROLOGIC SOIL GROUPS (HSGs) – The groups are based on estimates of runoff potential. Soils are assigned to one of four groups according to the rate of water infiltration when the soils are not protected by vegetation, are thoroughly wet, and receive precipitation from long-duration storms. • Group A: Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. • Group B: Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained, or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. • Group C: Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. • Group D: Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink-swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. Note: If a soil is assigned to a dual hydrologic group (A/D, B/D or C/D) the first letter is for drained areas and the second is for undrained areas. SURFACE RUNOFF – Surface runoff refers to the loss of water from an area by flow over the land surface. Surface runoff classes are based upon slope, climate and vegetative cover and indicates relative runoff for very specific conditions (it is assumed that the surface of the soil is bare and that the retention of surface water resulting from irregularities in the ground surface is minimal). The classes are negligible, very low, low, medium, high, and very high. MONTHS – The portion of the year in which a water table, ponding, and/or flooding is most likely to be a concern. WATER TABLE – Water table refers to a saturated zone in the soil and the data indicates, by month, depth to the top (upper limit) and base (lower limit) of the saturated zone in most years. These estimates are based upon observations of the water table at selected sites and on evidence of a saturated zone (grayish colors or mottles (redoximorphic features)) in the soil. Note: A saturated zone that lasts for less than a month is not considered a water table. PONDING – Ponding refers to standing water in a closed depression, and the data indicates surface water depth, duration, and frequency of ponding. Attachment 11, Page 27 NRI 2504 April 2025 23 • Duration: Expressed as very brief if less than 2 days, brief if 2 to 7 days, long if 7 to 30 days and very long if more than 30 days. • Frequency: Expressed as: none meaning ponding is not possible; rare means unlikely but possible under unusual weather conditions (chance of ponding is 0-5% in any year); occasional means that it occurs, on the average, once or less in 2 years (chance of ponding is 5 to 50% in any year); and frequent means that it occurs, on the average, more than once in 2 years (chance of ponding is more than 50% in any year). FLOODING – The temporary inundation of an area caused by overflowing streams, by runoff from adjacent slopes, or by tides. Water standing for short periods after rainfall or snowmelt is not considered flooding, and water standing in swamps and marshes is considered ponding rather than flooding. • Duration: Expressed as: extremely brief if 0.1 hour to 4 hours; very brief if 4 hours to 2 days; brief if 2 to 7 days; long if 7 to 30 days; and very long if more than 30 days. • Frequency: Expressed as: none means flooding is not probable; very rare means that it is very unlikely but possible under extremely unusual weather conditions (chance of flooding is less than 1% in any year); rare means that it is unlikely but possible under unusual weather conditions (chance of flooding is 1 to 5% in any year); occasional means that it occurs infrequently under normal weather conditions (chance of flooding is 5 to 50% in any year but is less than 50% in all months in any year); and very frequent means that it is likely to occur very often under normal weather conditions (chance of flooding is more than 50% in all months of any year). Note: The information is based on evidence in the soil profile. In addition, consideration is also given to local information about the extent and levels of flooding and the relation of each soil on the landscape to historic floods. Information on the extent of flooding based on soil data is less specific than that provided by detailed engineering surveys that delineate flood-prone areas at specific flood frequency levels. Table 5: Water Features Soil Type Hydrologic Group Surface Runoff Water Table Ponding Flooding 152A B/D Negligible January – May Upper Limit: 0.0’-1.0’ Lower Limit: 6.0’ January – May Surface Water Depth: 0.0’-0.5’ Duration: Brief (2-7 days) Frequency: Frequent January – December Frequency: None 219A C/D Low January – May Upper Limit: 0.5’-2.0’ Lower Limit: 6.0’ January – December Frequency: None January – December Frequency: None 318C2 B Medium January – December Upper Limit: -- Lower Limit: -- January – December Frequency: None January – December Frequency: None 791A B Low January – December Upper Limit: -- Lower Limit: -- January – December Frequency: None January – December Frequency: None 791B B Low January – December Upper Limit: -- Lower Limit: -- January – December Frequency: None January – December Frequency: None Attachment 11, Page 28 NRI 2504 April 2025 24 SOIL EROSION AND SEDIMENT CONTROL Erosion is the wearing away of the soil by water, wind, and other forces. Soil erosion threatens the Nation's soil productivity and contributes the most pollutants in our waterways. Water causes about two thirds of erosion on agricultural land. Four properties, mainly, determine a soil's erodibility: texture, slope, structure, and organic matter content. Slope has the most influence on soil erosion potential when the site is under construction. Erosivity and runoff increase as slope grade increases. The runoff then exerts more force on the particles, breaking their bonds more readily and carrying them farther before deposition. The longer water flows along a slope before reaching a major waterway, the greater the potential for erosion. Soil erosion during and after this proposed construction can be a primary non-point source of water pollution. Eroded soil during the construction phase can create unsafe conditions on roadways, decrease the storage capacity of lakes, clog streams and drainage channels, cause deterioration of aquatic habitats, and increase water treatment costs. Soil erosion also increases the risk of flooding by choking culverts, ditches, and storm sewers and by reducing the capacity of natural and man-made detention facilities. The general principles of erosion and sedimentation control measures include: • Reducing/diverting flow from exposed areas, storing flows, or limiting runoff from exposed areas • Staging construction to keep disturbed areas to a minimum • Establishing or maintaining temporary or permanent groundcover • Retaining sediment on site • Properly installing, inspecting, and maintaining control measures Erosion control practices are useful controls only if they are properly located, installed, inspected, and maintained. Soil erosion and sedimentation control plans, including maintenance responsibilities, should be clearly communicated to all contractors working on the site. The SWCD recommends an erosion and sediment control plan for all building sites, especially if there is a wetland or stream nearby. Additionally, a National Pollutant Discharge Elimination System (NPDES) permit (Permit No. ILR10) from the Illinois Environmental Protection Agency (IEPA) is required for stormwater discharges from construction sites that will disturb 1 or more acres of land. Conditions of the NPDES ILR10 permit require the development and implementation of a Stormwater Pollution Prevention Plan (SWPPP) to reduce stormwater pollutants on the construction site before they can cause environmental issues. Table 6: Soil Erosion Potential Soil Type Slope Rating Acreage Percent of Project Area 152A 0-2% Slight 1.9 9.0% 219A 0-2% Slight 1.2 5.8% 318C2 4-6% Moderate 2.1 10.1% 791A 0-2% Slight 7.5 36.1% 791B 2-4% Slight 8.1 39.0% Attachment 11, Page 29 NRI 2504 April 2025 25 PRIME FARMLAND SOILS Prime farmland soils are an important resource to Kendall County. Some of the most productive soils in the United States occur locally. Each soil map unit in the United States is assigned a prime or non-prime rating. Prime agricultural land does not need to be in the production of food & fiber. Section 310 of the NRCS general manual states that urban or built-up land on prime farmland soils is not prime farmland. The percentages of soil map units on the parcel reflect the determination that urban or built-up land on prime farmland soils is not prime farmland. Table 7: Prime Farmland Soils Soil Type Prime Designation Acreage Percent 152A Prime Farmland if Drained 1.9 9.0% 219A Prime Farmland if Drained 1.2 5.8% 318C2 Farmland of Statewide Importance 2.1 10.1% 791A Prime Farmland 7.5 36.1% 791B Prime Farmland 8.1 39.0% % Prime Farmland 89.9% Figure 7: Prime Farmland Soils Attachment 11, Page 30 NRI 2504 April 2025 26 LAND EVALUATION AND SITE ASSESSMENT (LESA) Decision-makers in Kendall County use the Land Evaluation and Site Assessment (LESA) system to determine the suitability of a land use change and/or a zoning request as it relates to agricultural land. The LESA system was developed by the United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) and takes into consideration local conditions such as physical characteristics of the land, compatibility of surrounding land-uses, and urban growth factors. The LESA system is a two-step procedure that includes: LAND EVALUATION (LE) The soils of a given area are rated and placed in groups ranging from the best to worst suited for a stated agriculture use, cropland, or forestland. The best group is assigned a value of 100, and all other groups are assigned lower values. The Land Evaluation is based on data from the Kendall County Soil Survey. The LE score is calculated by multiplying the relative value of each soil type by the number of acres of that soil. The sum of the products is then divided by the total number of acres; the answer is the Land Evaluation score on this site. The Kendall County Soil and Water Conservation District is responsible for this portion of the LESA system. SITE ASSESSMENT (SA) The site is numerically evaluated according to important factors that contribute to the quality of the site. Each factor selected is assigned values in accordance with the local needs and objectives. The value group is a predetermined value based upon prime farmland designation. The Kendall County LESA Committee is responsible for this portion of the LESA system. Please Note: A land evaluation (LE) score will be compiled for every project parcel. However, when a parcel is located within municipal planning boundaries, a site assessment (SA) score is not compiled as the scoring factors are not applicable. As a result, only the LE score is available, and a full LESA score is unavailable for the parcel. Table 8A: Land Evaluation Computation Soil Type Value Group Relative Value Acres* Product (Relative Value x Acres) 152A 1 100 1.9 190.0 219A 3 87 1.2 104.4 318C2 6 69 2.1 144.9 791A 4 79 7.5 592.5 791B 4 79 8.1 639.9 20.8 1,671.7 LE Calculation (Product of relative value / Total Acres) 1,671.7 / 20.8 = 80.4 LE Score LE = 80 *Acreage listed in this chart provides a generalized representation and may not precisely reflect exact acres of each soil type. Attachment 11, Page 31 NRI 2504 April 2025 27 The Land Evaluation score for this site is 80, indicating that the soils on this site are designated as land that is well suited for agricultural uses considering the Land Evaluation score is at or above 80. Table 8B: Site Assessment Computation A. Agricultural Land Uses Points 1. Percentage of area in agricultural uses within 1.5 miles of site. (20-10-5-0) 5 2. Current land use adjacent to site. (30-20-15-10-0) 15 3. Percentage of site in agricultural production in any of the last 5 years. (20-15-10-5-0) 20 4. Size of site. (30-15-10-0) 10 B. Compatibility / Impact on Uses 1. Distance from city or village limits. (20-10-0) 0 2. Consistency of proposed use with County Land Resource Management Concept Plan and/or municipal comprehensive land use plan. (20-10-0) 20 3. Compatibility of agricultural and non-agricultural uses. (15-7-0) 0 C. Existence of Infrastructure 1. Availability of public sewage system. (10-8-6-0) 8 2. Availability of public water system. (10-8-6-0) 8 3. Transportation systems. (15-7-0) 7 4. Distance from fire protection service. (10-8-6-2-0) 6 Site Assessment Score: 99 Land Evaluation Value: 80 + Site Assessment Value: 99 = LESA Score: 179 Table 9: LESA Score Summary LESA SCORE LEVEL OF PROTECTION 0-200 Low 201-225 Medium 226-250 High 251-300 Very High The LESA Score for this site is 179 which indicates a low level of protection for the proposed project site. Selecting the project site with the lowest total points will generally protect the best farmland located in the most viable areas and maintain and promote the agricultural industry in Kendall County. Attachment 11, Page 32 NRI 2504 April 2025 28 LAND USE PLANS Many counties, municipalities, villages, and townships have developed land-use plans. These plans are intended to reflect the existing and future land-use needs of a given community. Please contact Kendall County for information regarding their comprehensive land use plan and map. DRAINAGE, RUNOFF, AND FLOOD INFORMATION U.S.G.S Topographic maps give information on elevations, which are important mostly to determine slopes, drainage directions, and watershed information. Elevations determine the area of impact of floods of record. Slope information determines steepness and erosion potential. Drainage directions determine where water leaves the PIQ, possibly impacting surrounding natural resources. Watershed information is given for changing land use to a subdivision type of development on parcels greater than 10 acres. WHAT IS A WATERSHED? Simply stated, a watershed is the area of land that contributes water to a certain point. The watershed boundary is important because the area of land in the watershed can now be calculated using an irregular shape area calculator such as a dot counter or planimeter. Using regional storm event information, and site-specific soils and land use information, the peak stormwater flow through the point marked “” for a specified storm event can be calculated. This value is called a “Q” value (for the given storm event) and is measured in cubic feet per second (CFS). When construction occurs, the Q value naturally increases because of the increase in impermeable surfaces. This process decreases the ability of soils to accept and temporarily hold water. Therefore, more water runs off and increases the Q value. Theoretically, if each development, no matter how large or small, maintains their preconstruction Q value after construction by the installation of stormwater management systems, the streams and wetlands and lakes will not suffer damage from excessive urban stormwater. For this reason, the Kendall County SWCD recommends that the developer for intense uses, such as a subdivision, calculate the preconstruction Q value for the exit point(s). A stormwater management system Attachment 11, Page 33 NRI 2504 April 2025 29 should be designed, installed, and maintained to limit the postconstruction Q value to be at or below the preconstruction value. IMPORTANCE OF FLOOD INFORMATION A floodplain is defined as land adjoining a watercourse (riverine) or an inland depression (non-riverine) that is subject to periodic inundation by high water. Floodplains are important areas demanding protection since they have water storage and conveyance functions which affect upstream and downstream flows, water quality and quantity, and suitability of the land for human activity. Since floodplains play distinct and vital roles in the hydrologic cycle, development that interferes with their hydrologic and biologic functions should be carefully considered. Flooding is both dangerous to people and destructive to their properties. The following maps, when combined with wetland and topographic information, can help developers and future homeowners to “sidestep” potential flooding or ponding problems. Flood Insurance Rate Maps (FIRMs), produced by the Federal Emergency Management Agency (FEMA), define flood elevation adjacent to tributaries and major bodies of water and superimpose that onto a simplified USGS topographic map. The scale of the FIRM maps is generally dependent on the size and density of parcels in that area. This is to correctly determine the parcel location and floodplain location. The FIRM map has three (3) zones. Zone A includes the 100-year flood (1% annual chance flood), Zone B or Zone X (shaded) is the 100 to 500-year flood (between limits of the 1% and the 0.2% annual chance flood), and Zone C or Zone X (unshaded) is outside the floodplain (outside the 0.2% annual chance flood). The Hydrologic Atlas (H.A.) Series of the Flood of Record Map is also used for the topographic information. This map is different from the FIRM map mainly because it will show isolated or pocketed flooded areas. Kendall County uses both these maps in conjunction with each other for flooded area determinations. The Flood of Record maps show the areas of flood for various years. Both maps stress that the recurrence of flooding is merely statistical. A 100-year flood may occur twice in one year, or twice in one week, for that matter. It should be noted that greater floods than those shown on the two maps are possible. The flood boundaries indicated provide a historic record only until the map publication date. Additionally, these flood boundaries are a function of the watershed conditions existing when the maps were produced. Cumulative changes in runoff characteristics caused by urbanization can result in an increase in flood height of future flood episodes. Floodplains play a vital role in reducing the flood damage potential associated with an urbanizing area and, when left in an undisturbed state, also provide valuable wildlife habitat benefits. If it is the petitioner's intent to conduct floodplain filling or modification activities, the petitioner, and the Unit of Government responsible need to consider the potentially adverse effects this type of action could have on adjacent properties. The change or loss of natural floodplain storage often increases the frequency and severity of flooding on adjacent property. Attachment 11, Page 34 NRI 2504 April 2025 30 If the available maps indicate the presence of a floodplain on the PIQ, the petitioner should contact the IDNR-OWR and FEMA to delineate a floodplain elevation for the parcel. If a portion of the property is indeed floodplain, applicable state, county, and local regulations will need to be reflected in the site plans. Another indication of flooding potential can be found in the soils information. Hydric soils indicate the presence of drainage ways, areas subject to ponding, or a naturally occurring high water table. These need to be considered along with the floodplain information when developing the site plan and the stormwater management plan. Development on hydric soils can contribute to the loss of water storage within the soil and the potential for increased flooding in the area. Figure 8: Flood Map Attachment 11, Page 35 NRI 2504 April 2025 31 Figure 9: Topographic Map This parcel contains slopes of 0% to 6% with an elevation range of approximately 642’-654’ above sea level. The highest point is in the northwest portion of the site, and the lowest point is along the northern boundary. According to the FEMA Flood Map (Figure 8), the parcel does not appear to contain areas of regulated floodplain or floodway. The parcel is mapped as Zone X (unshaded), an area of minimal flood hazard determined to be outside of the 0.2% annual chance floodplain. Attachment 11, Page 36 Attachment 11, Page 37 NRI 2504 April 2025 33 WETLAND INFORMATION IMPORTANCE OF WETLAND INFORMATION Wetlands function in many ways to provide numerous benefits to society. They control flooding by offering a slow release of excess water downstream or through the soil. They cleanse water by filtering out sediment and some pollutants and can function as rechargers of our valuable groundwater. They also are essential breeding, rearing, and feeding grounds for many species of wildlife. These benefits are particularly valuable in urbanizing areas as development activity typically adversely affects water quality, increases the volume of stormwater runoff, and increases the demand for groundwater. In an area where many individual homes rely on shallow groundwater wells for domestic water supplies, activities that threaten potential groundwater recharge areas are contrary to the public good. The conversion of wetlands, with their sediment trapping and nutrient absorbing vegetation, to biologically barren stormwater detention ponds can cause additional degradation of water quality in downstream or adjacent areas. It has been estimated that over 95% of the wetlands that were historically present in Illinois have been destroyed while only recently has the true environmental significance of wetlands been fully recognized. America is losing 100,000 acres of wetland a year and has saved 5 million acres total (since 1934). One acre of wetland can filter 7.3 million gallons of water a year. These are reasons why our wetlands are high quality and important. This section contains the National Wetlands Inventory, which is the most comprehensive inventory to date. The National Wetlands Inventory is reproduced from an aerial photo at a scale of 1” equals 660 feet. The NRCS developed these maps in cooperation with U.S. EPA (Environmental Protection Agency,) and the U.S. Fish and Wildlife Service, using the National Food Security Act Manual, 3rd Edition. The main purpose of these maps is to determine wetland areas on agricultural fields and areas that may be wetlands but are in a non-agriculture setting. The National Wetlands Inventory in no way gives an exact delineation of the wetlands, but merely an outline, or the determination that there is a wetland within the outline. For the final, most accurate wetland determination of a specific wetland, a wetland delineation must be certified by NRCS staff using the National Food Security Act Manual (on agricultural land.) On urban land, a certified wetland delineator must perform the delineation using the ACOE 1987 Manual. See the glossary section for the definitions of “delineation” and “determination.” Attachment 11, Page 38 NRI 2504 April 2025 34 Figure 11: Wetland Map Office maps indicate that mapped wetlands/waters are not present on the parcel in question (PIQ). To determine the presence of wetlands, a wetland delineation specialist, who is recognized by the U.S. Army Corps of Engineers, should determine the exact boundaries and value of the wetlands. Attachment 11, Page 39 NRI 2504 April 2025 35 HYDRIC SOILS Soils information gives another indication of flooding potential. The soils map on the following page indicates the soil(s) on the parcel that the Natural Resources Conservation Service indicates as hydric. Hydric soils, by definition, have seasonal high water at or near the soil surface and/or have potential flooding or ponding problems. All hydric soils range from poorly suited to unsuitable for building. One group of the hydric soils are the organic soils, which formed from dead organic material. Organic soils are unsuitable for building because of not only the high water table but also their subsidence problems. It is important to add the possibility of hydric inclusions in a soil type. An inclusion is a soil polygon that is too small to appear on these maps. While relatively insignificant for agricultural use, hydric soil inclusions become more important to more intense uses such as a residential subdivision. While considering hydric soils and hydric inclusions, it is noteworthy to mention that subsurface agriculture drainage tile occurs in almost all poorly drained and somewhat poorly drained soils. Drainage tile expedites drainage and facilitates farming. It is imperative that these drainage tiles remain undisturbed. A damaged subsurface drainage tile may return original hydrologic conditions to all the areas that drained through the tile (ranging from less than one acre to many square miles.) For an intense land use, the Kendall County SWCD recommends the following: a topographical survey with 1 foot contour intervals to accurately define the flood area on the parcel, an intensive soil survey to define most accurately the locations of the hydric soils and inclusions, and a drainage tile survey on the area to locate the tiles that must be preserved to maintain subsurface drainage. Table 10: Hydric Soils Soil Types Drainage Class Hydric Designation Hydric Inclusions Likely Hydric Rating % Acreage Percent 152A Poorly Drained Hydric N/A 100% 1.9 9.0% 219A Somewhat Poorly Drained Non-Hydric Yes 3% 1.2 5.8% 318C2 Well Drained Non-Hydric No 0% 2.1 10.1% 791A Well Drained Non-Hydric Yes 6% 7.5 36.1% 791B Well Drained Non-Hydric Yes 6% 8.1 39.0% Attachment 11, Page 40 NRI 2504 April 2025 36 Figure 12: Hydric Soil Map Attachment 11, Page 41 NRI 2504 April 2025 37 WETLAND AND FLOODPLAIN REGULATIONS The laws of the United States and the State of Illinois assign certain agencies specific and different regulatory roles to protect the waters within the State's boundaries. These roles, when considered together, include protection of navigation channels and harbors, protection against floodway encroachments, maintenance and enhancement of water quality, protection of fish and wildlife habitat and recreational resources, and, in general, the protection of total public interest. Unregulated use of the waters within the State of Illinois could permanently destroy or alter the character of these valuable resources and adversely impact the public. Therefore, please contact the proper regulatory authorities when planning any work associated with Illinois waters so that proper consideration and approval can be obtained. WHO MUST APPLY? Anyone proposing to dredge, fill, rip rap, or otherwise alter the banks or beds of, or construct, operate, or maintain any dock, pier, wharf, sluice, dam, piling, wall, fence, utility, floodplain or floodway subject to State or Federal regulatory jurisdiction should apply for agency approvals. REGULATORY AGENCIES • Wetland or U.S. Waters: U.S. Army Corps of Engineers, Chicago District, 231 South LaSalle Street, Suite 1500, Chicago, IL 60604. Phone: (312) 846-5530 • Floodplains: Illinois Department of Natural Resources - Office of Water Resources, One Natural Resources Way, Springfield, IL 62702-1270. Phone: (217) 782-6302 • Water Quality/Erosion Control: Illinois Environmental Protection Agency, 1021 North Grand Avenue East, P.O. Box 19276, Springfield, IL 62794-9276. Phone: (217) 782-3397 COORDINATION We recommend early coordination with the regulatory agencies BEFORE finalizing work plans. This allows the agencies to recommend measures to mitigate or compensate for adverse impacts. Also, the agency can make possible environmental enhancement provisions early in the project planning stages. This could reduce time required to process necessary approvals. PLEASE READ THE FOLLOWING IF YOU ARE PLANNING TO DO ANY WORK NEAR A STREAM (THIS INCLUDES SMALL UNNAMED STREAMS), LAKE, WETLAND OR FLOODWAY. CAUTION: Contact with the United States Army Corps of Engineers is strongly advised before commencement of any work in or near a Waters of the United States. This could save considerable time and expense. Persons responsible for willful and direct violation of Section 10 of the River and Harbors Appropriation Act of 1899 or Section 404 of the Clean Water Act are subject to fines ranging up to $16,000 per day of violation, with a maximum cap of $187,500 in any single enforcement action, as well as criminal enforcement. Attachment 11, Page 42 NRI 2504 April 2025 38 GLOSSARY AGRICULTURAL PROTECTION AREAS (AG AREAS) - Allowed by P.A. 81-1173. An AG AREA consists of a minimum of 350 acres of farmland, as contiguous and compact as possible. Petitioned by landowners, AG AREAS protect for a period of ten years initially, then reviewed every eight years thereafter. AG AREA establishment exempts landowners from local nuisance ordinances directed at farming operations, and designated land cannot receive special tax assessments on public improvements that do not benefit the land, e.g. water and sewer lines. AGRICULTURE - The growing, harvesting and storing of crops including legumes, hay, grain, fruit and truck or vegetable including dairying, poultry, swine, sheep, beef cattle, pony and horse production, fur farms, and fish and wildlife farms; farm buildings used for growing, harvesting and preparing crop products for market, or for use on the farm; roadside stands, farm buildings for storing and protecting farm machinery and equipment from the elements, for housing livestock or poultry and for preparing livestock or poultry products for market; farm dwellings occupied by farm owners, operators, tenants or seasonal or year around hired farm workers. BEDROCK - Indicates depth at which bedrock occurs. Also lists hardness as rippable or hard. FLOODING - Indicates frequency, duration, and period during year when floods are likely to occur. HIGH WATER TABLE - A seasonal high water table is a zone of saturation at the highest average depth during the wettest part of the year. May be apparent, perched, or artesian kinds of water tables. • Water table, Apparent: A thick zone of free water in the soil. An apparent water table is indicated by the level at which water stands in an uncased borehole after adequate time is allowed for adjustment in the surrounding soil. • Water table, Artesian: A water table under hydrostatic head, generally beneath an impermeable layer. When this layer is penetrated, the water level rises in an uncased borehole. • Water table, Perched: A water table standing above an unsaturated zone. In places an upper, or perched, water table is separated from a lower one by a dry zone. DELINEATION - For Wetlands: A series of pink or orange flags placed on the ground by a certified professional that outlines the wetland boundary on a parcel. DETERMINATION - A polygon drawn on a map using map information that gives an outline of a wetland. HYDRIC SOIL - This type of soil is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part (USDA Natural Resources Conservation Service 1987). INTENSIVE SOIL MAPPING - Mapping done on a smaller more intensive scale than a modern soil survey to determine soil properties of a specific site, e.g. mapping for septic suitability. Attachment 11, Page 43 NRI 2504 April 2025 39 LAND EVALUATION AND SITE ASSESSMENT (L.E.S.A.) - LESA is a systematic approach for evaluating a parcel of land and to determine a numerical value for the parcel for farmland preservation purposes. MODERN SOIL SURVEY - A soil survey is a field investigation of the soils of a specific area, supported by information from other sources. The kinds of soil in the survey area are identified and their extent shown on a map, and an accompanying report describes, defines, classifies, and interprets the soils. Interpretations predict the behavior of the soils under different used and the soils' response to management. Predictions are made for areas of soil at specific places. Soils information collected in a soil survey is useful in developing land-use plans and alternatives involving soil management systems and in evaluating and predicting the effects of land use. PERMEABILITY - Values listed estimate the range (in rate and time) it takes for downward movement of water in the major soil layers when saturated but allowed to drain freely. The estimates are based on soil texture, soil structure, available data on permeability and infiltration tests, and observation of water movement through soils or other geologic materials. PIQ - Parcel in question POTENTIAL FROST ACTION - Damage that may occur to structures and roads due to ice lens formation causing upward and lateral soil movement. Based primarily on soil texture and wetness. PRIME FARMLAND - Prime farmland soils are lands that are best suited to food, feed, forage, fiber and oilseed crops. It may be cropland, pasture, woodland, or other land, but it is not urban and built up land or water areas. It either is used for food or fiber or is available for those uses. The soil qualities, growing season, and moisture supply are those needed for a well-managed soil economically to produce a sustained high yield of crops. Prime farmland produces in highest yields with minimum inputs of energy and economic resources and farming the land results in the least damage to the environment. Prime farmland has an adequate and dependable supply of moisture from precipitation or irrigation. The temperature and growing season are favorable. The level of acidity or alkalinity is acceptable. Prime farmland has few or no rocks and is permeable to water and air. It is not excessively erodible or saturated with water for long periods and is not frequently flooded during the growing season. The slope ranges mainly from 0 to 5 percent (USDA Natural Resources Conservation Service). SEASONAL - When used in reference to wetlands indicates that the area is flooded only during a portion of the year. SHRINK-SWELL POTENTIAL - Indicates volume changes to be expected for the specific soil material with changes in moisture content. SOIL MAPPING UNIT - A map unit is a collection of soil areas of miscellaneous areas delineated in mapping. A map unit is generally an aggregate of the delineations of many different bodies of a kind of soil or miscellaneous area but may consist of only one delineated body. Taxonomic class names and accompanying phase terms are used to name soil map units. They are described in terms of ranges of soil properties within the limits defined for taxa and in terms of ranges of taxadjuncts and inclusions. Attachment 11, Page 44 NRI 2504 April 2025 40 SOIL SERIES - A group of soils, formed from a particular type of parent material, having horizons that, except for texture of the A or surface horizon, are similar in all profile characteristics and in arrangement in the soil profile. Among these characteristics are color, texture, structure, reaction, consistence, and mineralogical and chemical composition. SUBSIDENCE - Applies mainly to organic soils after drainage. Soil material subsides due to shrinkage and oxidation. TOPSOIL - That portion of the soil profile where higher concentrations of organic material, fertility, bacterial activity and plant growth take place. Depths of topsoil vary between soil types. WATERSHED - An area of land that drains to an associated water resource such as a wetland, river or lake. Depending on the size and topography, watersheds can contain numerous tributaries, such as streams and ditches, and ponding areas such as detention structures, natural ponds and wetlands. WETLAND - An area that has a predominance of hydric soils and that is inundated or saturated by surface or groundwater at a frequency and duration sufficient enough to support, and under normal circumstances does support, a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions. Attachment 11, Page 45 NRI 2504 April 2025 41 REFERENCES Association of Illinois Soil & Water Conservation Districts. 2020. Illinois Urban Manual. Berg, R. C., and J. P. Kempton. 1984. Potential for contamination of shallow aquifers from land burial of municipal wastes: Champaign, Illinois, Illinois State Geological Survey map, scale 1:500,000. Clean Water Act of 1972, Sections 309 and 404. Federal Emergency Management Agency. National Flood Hazard Layer (NFHL) Viewer. https://hazards- fema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b5529aa 9cd. Accessed February 2025. Illinois State Geological Survey, Department of Natural Resources. 2021. Geologic Road Map of Illinois. Kendall County Department of Planning Building and Zoning and Kendall County Soil and Water Conservation District In cooperation with NRCS, USDA. Land Evaluation and Site Assessment System. Kendall County. 2023. Land Resource Management Plan Map. Natural Resources Conservation Service, United States Department of Agriculture. General Manual, Title 310, Land Use. Natural Resources Conservation Service, United States Department of Agriculture. 2007. Hydric Soils of the United States. Natural Resources Conservation Service, United States Department of Agriculture. Hydrologic Unit Map for Kendall County. Natural Resources Conservation Service, United States Department of Agriculture. 1987. Soil Erosion by Water. Agriculture Information Bulletin 513. Natural Resources Conservation Service, United States Department of Agriculture. 2008. Soil Survey of Kendall County. Natural Resources Conservation Service, United States Department of Agriculture. Web Soil Survey. http://websoilsurvey.sc.egov.usda.gov/. Accessed February 2025. Rivers and Harbors Appropriation Act of 1899, Section 10. Rockford Map Publishers, Inc. 2021. Land Atlas and Plat Book, Kendall County, Illinois, 21st Edition. United States Fish & Wildlife Service. 2018. National Wetlands Inventory. https://data.nal.usda.gov/dataset/national-wetlands-inventory. Accessed February 2025. Nature Conservancy (U.S.) Great Lakes Program. 1994. The Conservation of Biological Diversity in the Great Lakes Ecosystem: Issues and Opportunities. The Program, 1994. Attachment 11, Page 46 Noise Impact Considerations Perivoliotis CSG - Samuel’s Solar 2 LLC Version 1 February, 2025 Attachment 12, Page 1 2 Table of Contents Project overview 3 Site location and design 4 Project Design Overview 5 Noise terminology and thresholds 6 Definition Common Construction Noise Corona Noise Vibrations Federal Noise Regulations Illinois Noise Regulations Project Noise Impact 9 Phase I: Construction Phase II: Operation Phase III Decommissioning Conclusion of Noise Impacts 11 Sources 12 Attachment 12, Page 2 3 Project Overview Zepelak CSG is a community solar garden that will employ a fixed tilt solar array proposed in Kendall County, IL. The project will be developed on previously cropped and developed farm land. The total area will encompass approximately 20.1 acres. The project will consist of three phases which could potentially cause noise pollution: (1) a construction phase of approximately 6-12 months, (2) a project lifetime of approximately 30-35 years, and (3) a decommissioning phase of approximately 20-25 weeks. The following document is a preliminary analysis of potential noise caused by the three phases of this community solar project. The noise-causing equipment will be highlighted and analyzed for each phase of the project. *The following document was prepared by Enterprise Energy LLC, a community solar developer and not a professional acoustic consultant. Data and information for this analysis was acquired by a 47 page Noise Impact Analysis performed by AECOM Environmental for a 250MW solar project in a similar developed farm landscape in Imperial County, California (1). Attachment 12, Page 3 4 Site Location and Design Site Address: Zepelak Community Solar Garden, Samuel’s Solar 2 LLC 9318 Corneils Ave Yorkville, IL 60560 Site Developer: Enterprise Energy LLC Developer Contact: Dan Gorman Tel: Attachment 12, Page 4 5 Project Design For standard noise reduction practices, all construction and operating equipment during the project’s lifetime will be located at least 50’ from the parcel boundary. Decibel thresholds are measured at a distance of 50’ from the sound source. All diesel equipment should be operated with appropriate mufflers, and with engine doors closed. Whenever possible, electrical power should be used in place of generators, to reduce noise. Construction will occur only between 7:00 AM and 7:00 PM Monday through Friday, 9:00 AM to 5:00 PM on Saturdays, and no operation of equipment on Sundays Any inverters located within 100’ of a residence will be shielded with some type of structural barrier to reduce noise to less than 10dBA continuous noise level. Facility components include: 1. PV modules and Single Axis Trackers 2. Inverters 3. Transformer 4. Switchgears Attachment 12, Page 5 6 Noise Terminology and Thresholds Noise is typically described as unwanted sound. Sound is mechanical energy transmitted as a wave through a fluid to a hearing organ. Sound is described by frequency and amplitude, that define pitch and loudness respectively. The audible frequency range for humans is 20Hz-20,000Hz. Noise effects on humans range from annoyance to hearing impairment, depending on the pitch and loudness, which is defined in decibels (dB). A-weighted noise levels are decibel measurements, but weighted similarly to the Richter scale, to reflect how the human ear perceives sound. The human ear perceives loudness depending on the frequency of the sound, which is different from the purely physical wave intensity. All noise levels in this report are therefore reported in A-weighted decibels (dBA). Typical Construction Noise Levels: Attachment 12, Page 6 7 Corona Noise Corona noise is emitted when the intensity of an electric field surrounding a conductor exceeds the rating of its insulator, causing a dissipation of energy that may result in audible noise. Irregularities or water on the surface of the insulator surface can make audible corona noise more likely. Audible noise from conductors is more likely during wet weather. See below for a table of noise levels for wet transmission lines (the “worst-case scenario”). Vibration and Vibration Noise Construction can also generate vibrations, defined as waves traveling through mass, such as soil. Vibrations from construction sources do not typically reach levels that could cause any structural damage to nearby residences or other structures. Damage could be possible depending on the construction activity, for structures within 25 feet of activity. Vibrations dissipate greatly due to dispersion and friction losses the further from the source of vibration, so keeping all residences at least 50 feet away from the project should eliminate any risk of vibration-borne damage. Vibrations can, however, cause annoyance to humans. See the table below for effects of vibration on people and structures Attachment 12, Page 7 8 In keeping construction activities at least 50’ from occupied residences, no vibrations that exceed annoyance levels will be experienced at neighboring properties. Federal Noise Regulations Federal noise regulations were developed following the recognition of noise impact on humans in the Noise Control Act of 1972. The Occupational Safety and Health Administration agency (OSHA) limits noise exposure for workers to 90dB Leq or less for 8 hours and 105 dB Leq for 1 hour. Appropriate noise PPE shall be worn by all workers. The EPA recommends that noise levels be limited to 55 dBA average over 24 hours, in order to protect human welfare. A 70 dBA average should not be exceeded in order to prevent hearing loss (2). Illinois Pollution Board Regulations The Illinois Noise Related Statutes and Regulations document (3) classifies our project as Industrial or Non-building Construction, corresponding to LBCS Function Code 7450. Using this LBCS code classifies our project as a Class C Land Use according to Illinois Pollution Control Board’s Environmental Protection Document: Subtitle H: Noise (4). The Environmental Protection Document: Subtitle H: Noise recommends daytime (6:00AM to 11:00PM) noise levels be limited to 58 dBA, except explosive noise which cannot exceed 107 dBA, when measured 25’ from neighboring property lines. As construction activities will always be at a minimum 200’ from neighboring residences, these limits are not likely to be exceeded. However, when construction begins, sound testing may be done at neighboring parcel lines to confirm levels are in compliance with both the EPA and the Illinois Noise Regulations. Attachment 12, Page 8 9 Noise Impact: Phase I: Construction Activities Approximately 6-12 months Initial development would begin with grading and building of the access road, followed by the establishment of temporary laydown areas, as designated by the final site plan. On this laydown area, equipment may include, but is not limited to: construction trailer, temporary restroom, parking area, material receiving and storage, recycling and waste area, construction power sources. Daily road usage activities include, but are not limited to: delivery of construction equipment, project materials, and worker trips. Number of vehicles and workers expected could vary throughout the construction period. Construction of the array may include, but is not limited to: grading, compacting, excavating. Equipment used for such activities may include, but is not limited to: backhoes, bulldozers, pile drivers, excavation equipment, as well as hand tools. Equipment likely to generate the most noise (as seen in Table 4), are earth moving and pile-driving equipment, which generate approximately 85 dBA at 50 feet. This maximum noise level would last between 2-4 minutes at a time. Average noise levels during array construction would be around 75 dBA at 50 feet. However, as our project is unlikely to require much, if any grading (other than for the 1250 foot access road), maximum and average noise levels during construction time would likely be lower than these “worts-case scenario” levels. Equipment usage and construction activities will be limited to the hours of 7:00 AM to 7:00 PM Monday through Friday, 9:00 AM to 5:00 PM on Saturdays, and no operation of equipment on Sundays Phase II: Operation Approximately 30-35 years Operational activities would generate low levels of noise, and be limited to daylight hours (when PV arrays operate), which is when other ambient noise is generally highest. Daily noise would come from operation of the inverter when electricity is being produced, the transformer, the small motors for the trackers, and potentially the corona noise from the feeder lines. Inverter: The Solectria 250kW inverter is rated at 67 dBA at 10 feet, as per the manufacturer’s data spec sheet. Using sound attenuation inverse square law, noise levels at 50 feet would therefore be approximately 53 dBA. This is the maximum noise output of the inverter at 50 feet, so noise levels for residences more than 100 feet away would be considerably less. Furthermore, the maximum noise levels would only occur during daylight hours, so the 24-hour average noise level would be much less, and far below regulatory requirements. Attachment 12, Page 9 10 Transformer: The exact model of transformer used for this project will be determined by the Utility that is responsible for our interconnection. However, average decibel levels for medium voltage transformers between 2001-2500 kVa, appropriate for our project size, are 62 dBA. This level is at 50 feet, and our transformers will be 100+ feet from any residence. Single Axis Trackers: These small motors are what use power to slowly rotate the modules throughout the day to maximize solar input. The trackers rotate from -52° to +52° throughout the day, rotating roughly 1° every 3.5 minutes. The motors are stored in housing compartments, which greatly reduce the noise levels such that they should not have any significant effect on the overall project noise impact. Another possible source of noise would be the friction between the linkages between the tracker rods and the modules. Again, this noise will be insignificant (5). Corona Noise: Feeder lines at this site are 12kV which is far below the minimum of 138kV listed in Table 5. As corona noise levels decrease with voltage, the noise emitted from the 12kV feeder line will likely be negligible. Phase III: Decommissioning Approximately 20-25 weeks Decommissioning will likely consist of activities including but not limited to excavation, ground work, pile-driving, and most other activities also associated with project construction. Therefore levels of noise would be similar to those of construction, and will be below regulatory thresholds. Decommissioning should last only approximately 20-25 weeks. Attachment 12, Page 10 11 Conclusion: As no phase of project lifetime (construction, operation, or decommissioning) is likely to exceed federal or local regulatory thresholds when performed at the setbacks as designed in the site plan, this project does not plan any further noise mitigation efforts. Attachment 12, Page 11 12 Sources 1. AECOM. (2014). Noise Impact Analysis: Wistaria Ranch Solar Energy Center Project, Imperial County, California. Prepared for Wistaria Ranch Solar, LLC. Retrieved from https://www.icpds.com/assets/planning/final-environmental-impact-reports/wistaria-ranch-solar-en ergy-center/019appf-noise.pdf. 2. US EPA, OA. “EPA Identifies Noise Levels Affecting Health and Welfare.” Www.epa.gov, 2 Apr. 1974, www.epa.gov/archive/epa/aboutepa/epa-identifies-noise-levels-affecting-health-and-welfare.html. 3. Illinois Noise Related Statutes and Regulations. (n.d.). Retrieved from https://noisefree.org/wp-content/uploads/2017/12/illinois.pdf. 4. Illinois Pollution Control Board, Title 35: Environmental Protection, Subtitle H: Noise, Chapter I: Pollution Control Board, Part 901: Sound Emission Standards and Limitations for Property Line-Noise-Sources, effective November 1, 2018. 5. Hankard Environmental, Inc. (2019). 1 Noise Measurement and Analysis Results for the Luning Solar Energy Center. 2 Public Service Commission of Wisconsin. 3 PSC REF#:384115. Retrieved from [link to document if available]. 6. https://www.makeitelectric.org/nema-standards-technologies/nema-standards/ Attachment 12, Page 12 Attachment 13, Page 1 Attachment 13, Page 2 Attachment 13, Page 3 Attachment 13, Page 4 Attachment 13, Page 5 Attachment 13, Page 6 Attachment 13, Page 7 Attachment 13, Page 8 Attachment 13, Page 9 Attachment 13, Page 10