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HomeMy WebLinkAboutPlanning and Zoning Commission Packet 2026 07-08-26 PLANNING AND ZONING COMMISSION AGENDA Wednesday, July 8, 2026 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: June 10, 2026 Citizen’s Comments ------------------------------------------------------------------------------------------------------------------------------------ Public Hearings 1. PZC 2026-05 Pioneer Development, LLC, as the petitioner and contract purchaser, along with property owners Galena & 47th, LLC, MPLIV10, LLC, Sanjay and Sameer Gupta, Dale L. Konicek, LLC, and The Konicek Family Limited Partnership, have submitted an application to the United City of Yorkville, Kendall County, Illinois for a Major Amendment to an existing Planned Unit Development (PUD) (Ord. 2025-77) of approximately 1,037 acres referred to as Project Cardinal data center campus. The petitioner is requesting an amendment to the previously approved Phasing Plan. The subject property is generally located northwest of Route 47 and Galena Road, south of Baseline Road, and east of Ashe Road. Unfinished Business New Business 1. PZC 2026-04 Kendall County Petition 26-16, Thomas A. Schnabel, Jr. on behalf of Two Star Enterprises, LLC (Petitioner) is seeking a map amendment (rezoning) for 31.75 +/- acres directly west of 1255 East Beecher Road from A-1 Agricultural District with a Special Use Permit to M-2 Heavy Industrial District. The purpose of the request is for the operation of a truck and semi-trailer storage facility, along with other related industrial uses. The real property is located west of East Beecher Road and approximately .33 miles south of Galena Road in unincorporated Kendall County. Action Item 1.5 Mile Review 2. PZC 2026-05 Pioneer Development, LLC, as the petitioner and contract purchaser, along with property owners Galena & 47th, LLC, MPLIV10, LLC, Sanjay and Sameer Gupta, Dale L. Konicek, LLC, and The Konicek Family Limited Partnership, have submitted an application to the United City of Yorkville, Kendall County, Illinois for a Major Amendment to an existing Planned Unit Development (PUD) (Ord. 2025-77) of approximately 1,037 acres referred to as Project Cardinal data center campus. The petitioner is requesting an amendment to the previously approved Phasing Plan. The subject property is generally located northwest of Route 47 and Galena Road, south of Baseline Road, and east of Ashe Road. United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us Action Item PUD Amendment Additional Business 1. City Council Action Updates Adjournment DRAFT Page 1 of 5 PLANNING & ZONING COMMISSION City Council Chambers 651 Prairie Pointe Drive, Yorkville, IL Wednesday, June 10, 2026 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, Wally Werderich-yes, Michael Crouch-yes, Chad Green-yes, Marge Linnane-yes, Richard Vinyard-yes City Staff Krysti Barksdale-Noble, Community Development Director Kathleen Orr, City Attorney David Hansen, Senior Planner Sara Mendez, Senior Planner, via Zoom Thian Dim, Planner 1 Drea Sandoval, Intern John Burner, Administrative Intern, Zoom Deputy Chief Garrett Carlyle Alderman Dan Transier, Zoom Other Guests Chris Vitosh, Vitosh Reporting Service Bradd Hout, Cyrus One Russ Whitaker, Attorney, Cyrus One Laura Cottrell, Cyrus One Digno Iglesias, Trinity Consultants Connor Rutledge, Trinity Consultants Mark Pruitt, The Power Bureau Michael Hemme, Corgan Brian Johnson, Pinnacle Engineering Group Rachel Bold, CBL Andrew Ling Jose, Autumn Creek Peter Friedman, Green Door Aaron Gruen, Gruen Gruen Associates Ellen Raimondi, Gary R. Weber Associates Sean Reynolds, JLL, Green Door Chuck Kasper, Legacy, Leesa Poss Caroline McCree Margaret E. Ganger, White Oak Estates Javier Milan, KLOA, Inc. Aimee Lalime, Zoom Debbie DeParis, Zoom Jeffrey Wolgast, Zoom Toni Wolgast, Zoom John, Zoom “M”, zoom Matt G, Zoom Joellen Leary, Zoom Michael K. Ganger Dr. Joan McArthur Matt Gilbert, Zoom Tom Scofield, Zoom “me”, Zoom Sam, Zoom Jason Mack, DMP, Zoom Shannon, Zoom JL, Zoom Chloe Russell, Zoom Ed, Zoom Caryn Macek, Zoom James, Zoom Ari Rosenthal, Zoom Mark Martin Previous Meeting Minutes: February 11, 2026 (Court Reporter Transcript) & April 8, 2026 Motion by Mr. Werderich and second by Mr. Williams to approve the minutes and court reporter transcript as presented. Roll call: Forristall-yes, Werderich-yes, Crouch-yes, Green-yes, Linnane-yes, Vinyard-yes, Williams-yes. Motion carried 7-0. Page 2 of 5 Citizen’s Comments None Public Hearings Chairman Vinyard said there are 2 Public Hearings for this meeting, he explained the procedure of the Public Hearings and swore in those who would speak. He also stated the protocol for the Public Hearings and the procedure for taking testimony. He asked for a motion to open the two Public Hearings as follows: 1. PZC 2026-01 Comprehensive Plan Update, 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. 2. PZC 2026-03 C1 Yorkville, LLC, petitioner, has submitted applications to the United City of Yorkville, Kendall County, Illinois for special use authorization for a major amendment to an existing Planned Unit Development (PUD) and preliminary PUD Plan approval for approximately 228 acres referred to as the Cyrus One CHI-11 data center campus. At 7:05pm, Commissioners Werderich and Green, moved and seconded, respectively, to open the Public Hearings. Roll call: Werderich-yes, Crouch-yes, Green-yes, Vinyard-yes, Williams-yes, Linnane-yes, Forristall-yes. Carried 7-0. The Public Hearings concluded and were closed at 9:52pm on a motion by Mr. Williams and second by Mr. Crouch. Roll call: Green-yes, Linnane-yes, Vinyard-yes, Williams-yes, Forristall- yes, Werderich-yes, Crouch-yes. Carried 7-0. (See Court Reporters' transcript of Public Hearing) (Petitioner's Responses and Presentation to be included in the official transcript) Unfinished Business None New Business 1. PZC 2026-01 Comprehensive Plan Update (see #1 above) Action Item Text Amendment There was no discussion and Mr. Green moved and Mr. Williams seconded the motion to approve PZC 2026-01 Comprehensive Plan Update. Motion: Mr. Williams read the motion as follows: In consideration of testimony presented during a Public Hearing on June 10, 2026 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 seven (7) identified developments. The changes are a result of rezoning approvals made by the City Council in calendar years 2022, 2025 and 2026. Roll call: Linnane-yes, Vinyard-yes, Williams-yes, Forristall-yes, Werderich-yes, Crouch-yes, Green-yes. Carried 7-0. Page 3 of 5 2. PZC 2026-02 Grande Reserve Units 10B & 11B, Tom Scofield on behalf of Ross Lane Development, LLC, petitioner, is seeking Final Plat approval for an approximately 22- acre site consisting of 154 new residential townhome lots located east of Kennedy Road and south of the BNSF railroad in Units 10 and 11 of Grande Reserve subdivision. Ms. Dim presented the information for this petition. The Final Plat application was submitted in March 2026 for phase 2, units 10B and 11B. Per the original Annexation Agreement in 2003, the HOA will be responsible for snowplowing in 2 cul-de-sacs in units 10 and 11. Also, the appearance standards are consistent with phase 1. This petition will move to City Council June 23rd. Action Item Final Plat There was no further discussion and Mr. Williams read the motion as follows: Motion: In consideration of the proposed Final Plat of Subdivision of Grande Reserve Units 10B and 11B, the Planning and Zoning Commission recommends approval of the plats to the City Council as presented by the Petitioner in plans prepared by Manhard Consulting, Ltd., last revised May 14, 2026. Mr. Williams moved to approve petition PZC 2026-02 Grande Reserve and Ms. Linnane seconded. Roll call: Vinyard-yes, Williams-yes, Forristall-yes, Werderich-yes, Crouch-yes, Green-yes, Linnane-yes. Carried 7-0. 3. PZC 2026-03 C1 Yorkville, LLC, petitioner, has submitted applications to the United City of Yorkville, Kendall County, Illinois for special use authorization for a major amendment to an existing Planned Unit Development (PUD) and preliminary PUD Plan approval for approximately 228 acres referred to as the Cyrus One CHI-11 data center campus. Ms. Noble presented a summary, showed a chart of the existing approvals as well as the changes being requested by the petitioner and she described the property. She listed the site plan decreases which include the number of buildings as well as the number of storys and heights. Increases include number of parking spaces, building/site coverage, accesses, number of stormwater basins and distance to nearest residential structure. Petitioner agreed to the energy use standards, which were not in the original PUD. The phasing plan has changed from the one in the originally posted packet and will be included in the voting motion as the “updated phasing plan”. A letter from the petitioner included info about allocation of power and the agreements are in place with ComEd. A letter regarding noise studies is also included. Ms. Noble noted the petitioner had provided written responses to the standards and she then read them for the Special Use and the PUD Plan. After each standard, the Commissioners discussed and stated whether or not they were in agreement. In response to a question from Commissioner Williams, it was clarified that even though no changes occurred to the Special Use previously approved, it will need to be approved again tonight since it is a major amendment. Special Use Standards The Commissioners agreed all the standards had been met except the Standards listed below. Standard #2 for Special Use: This states the Special Use will not be injurious of property in the immediate vicinity for purpose permitted or diminish property values. Mr. Vinyard said he both agreed and disagreed, there is impact and it was going to be a manufacturing district to start with. Anything could have been built there. Mr. Green said it's already being built and asked, do we want it bigger or smaller-they are proposing smaller. The change benefits us more now. Mr. Page 4 of 5 Werderich said valid points were brought up in public comment and he thinks they need to be addressed, specifically the noise effect on animals. For the record, he said this should be discussed. He also brought up that it might be a rush to judgment that the animal effect wasn't addressed. Chairman Vinyard said they met every other standard within the spirit of the law. Mr. Williams noted that no agency regulates noise pollution for animals. Weighing in further, Ms. Linnane stated she doesn't think, that as a commission, they should judge for animals for just this data center if they don't do the same for every other project. Mr. Crouch said the petitioner really did improve the project and the reconfigured phasing was a good idea. He also wanted to mention that Yorkville schools will not receive money from this project, but Plano Schools will. Regarding the sound and animal matters, there are no studies, but he noted one data center project is near a national zoo which has concern. He added that the traffic issue needs to be addressed, but they have met the standards. Mr. Crouch also said this was zoned manufacturing and that no zoning was changed to accommodate this project. Mr. Williams said the city benefited since the decibels could have gone to 60, but are now much lower. Commissioners Werderich and Williams stated it was beneficial to have this discussion on the record. Six Commissioners agreed the standards were met, with one dissenting opinion. Standard #3 for Special Use concerning establishment of Special Use will not impede normal and orderly development, improvement of surrounding property for uses permitted in the district. Mr. Williams said not all property surrounding this property is zoned M-2 and that is his concern. He disagreed that the Standard was met. Preliminary PUD Standards Ms. Noble presented the 6 standards for the PUD Plan and the Commissioners agreed all Standards had been met. Ms. Noble noted a change in the motion language for the Preliminary PUD Plan to read “updated phasing plan as presented by the petitioner at tonight's Public Hearing”. MINUTE-TAKER'S NOTE: Regarding the below 2 motions, Chairman Vinyard asked for a motion for the “Major Amendment to Special Use for Planned Unit Development”. Inadvertently, the motion was read for the “Major Amendment to Preliminary PUD Plan”. In essence, the motions and corresponding votes were done in reverse order. Action Item Major Amendment to Preliminary PUD Plan Discussion concluded and Chairman Vinyard entertained a motion for approval of PZC 2026-03 CHI 11 (Cyrus One) Data Center Major Amendment to Special Use for Planned Unit Development. Commissioners Williams and Linnane moved and seconded, respectively. Motion: Mr. Williams read the motion as follows: The Planning and Zoning Commission recommends approval to the City Council of a Major Amendment to the Preliminary PUD Plan for the C1 Yorkville – CHI-11 (Cyrus One) updated phasing plan presented during tonight's Public Hearing, dated June 10, 2026. Roll call: Werderich-yes, Crouch-yes, Green-yes, Linnane- yes, Vinyard-yes, Williams-yes, Forristall-yes. Carried 7-0. Action Item Major Amendment to Special Use for Planned Unit Development A motion and second were made by Commissioners Williams and Green, respectively, to approve the Major Amendment to Special Use for Planned Unit Development. Motion: Mr. Williams read the motion as follows: In consideration of testimony presented during a Public Hearing on Page 5 of 5 June 10, 2026 and approval of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council of a request for a Major Amendment to the Special Use authorization of a Planned Unit Development for the C1 Yorkville – CHI-11 (Cyrus One) data center located at the northeast corner of Faxon Road and Eldamain Road and subject to updated phasing plan presented during tonight's Public Hearing, dated June 10, 2026 and subject to staff comments enumerated in a memo dated June 4, 2026, EEI comments dated June 3, 2026, and Soundscape Engineering comments dated May 8, 2026 and June 4, 2026. Roll call: Crouch-yes, Green-yes, Linnane-yes, Vinyard-yes, Williams-yes, Forristall-yes, Werderich-yes. Carried 7-0. Additional Business 1. Appointment of Vice Chair Chairman Vinyard asked for nominations for Vice-Chair and after a short discussion, he moved to nominate Mr. Williams for this position and Mr. Green seconded. Roll call: Williams-yes, Forristall-yes, Werderich-yes, Crouch-yes, Green-yes, Linnane-yes, Vinyard-yes. Carried 7-0. 2. City Council Action Updates None There was no further business and Mr. Williams moved to adjourn with a second by Mr. Crouch. Adjourned 10:34pm. 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 - June 10, 2026 1 UNITED CITY OF YORKVILLE YORKVILLE, ILLINOIS PLANNING AND ZONING COMMISSION PUBLIC HEARINGS 651 Prairie Pointe Drive Yorkville, Illinois Wednesday, June 10, 2026 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 - June 10, 2026 2 PRESENT: Mr. Rich Vinyard, Chairman; Mr. Danny Williams, Commissioner; Mr. Ryan Forristall, Commissioner; Ms. Marge Linnane, Commissioner; Mr. Chad Green, Commissioner; Mr. Michael Crouch, Commissioner; Mr. Wally Werderich, Commissioner. ALSO PRESENT: Ms. Krysti Barksdale-Noble, Community Development Director; Ms. Sara Mendez, Senior Planner; Mr. David Hansen, Senior Planner; Ms. Thiam Dim, 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 - June 10, 2026 3 APPEARANCES: OTTOSEN, DiNOLFO, HASENBALG & CASTALDO, LTD. BY: MS. KATHLEEN FIELD ORR 2241 Warrenville Road, Suite 310 Lisle, Illinois 60532 (630) 682-0085 appeared on behalf of the United City of Yorkville. ROSANOVA & WHITAKER, LTD. BY: MR. RUSSELL G . WHITAKER, III, 445 Jackson Avenue, Suite 200 Naperville, Illinois 60540 (630) 355-4600 appeared on behalf of the Applicant, CyrusOne. CUMMINGS & RUSSELL BY: MS. CHLOE RUSSELL, 22600 Deer Path Lane Plainfield, Illinois 60544 (630) 729-9212 appeared on behalf of Preserve our Yorkville Community, LLC. - - - - - Reported by: Christine M . Vitosh Illinois CSR No. 084-002883 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 4 INDEX WITNESS:PAGE: RUSS WHITAKER 13 DWIGHT TROSTLE 41 MIKE HEMME 44 DIGNO IGLESIAS 46 CONNOR RUTLEDGE 51 LAURA COTTRELL 55 ELLEN RAIMONDI SCHWARTZ 58 JAVIER MILAN 61 MARK PRUITT 64 AARON GRUEN 72 ANDREW LINES 75 CHUCK KASPER 84 JOSE 93 CAROLINE McCREE 102 MARK MARTIN 104 AIMEE LALIME 110 JOAN McARTHUR 112 LEESA POSS 118 THERESA 121 CARYN MACEK 126 CHLOE RUSSELL 134 ANONYMOUS 140 BRADD HOUT 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:02PM 07:02PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 5 (WHEREUPON, the following proceedings were had in public hearing, commencing at 7 :03 p .m . as follows:) CHAIRMAN VINYARD: There are two public hearings scheduled for tonight's Planning and Zoning Commission meeting. The purpose of these are to invite testimony from the members of the public regarding the proposed requests that are being considered tonight before the Commission. Public testimony from persons 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 of tonight's public hearing agenda are closed, the Commission will deliberate on their recommendation to the City Council for each of the matters that was subject of tonight's hearing. Those persons wishing to testify are asked to speak clearly, one at a time, state your name, who you represent, if anyone. You are also asked to sign in at the podium. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:03PM 07:04PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 6 If you plan to speak during tonight's public hearing as a petitioner or as a member of the public, please stand, raise your right hand and repeat after me. If you're going to talk tonight, you've got to be sworn in. (Witnesses sworn.) CHAIRMAN VINYARD: Thank you. You guys may be seated. All right. Ground rules. Before we begin tonight I 'd like to review a few rules to ensure an orderly and productive hearing. When speaking, please make comments focused on the matter at hand. Avoid personal attacks, unrelated topics or repeating points that have already been made. As Chairman I may limit repetitive remarks or redirect speakers to stay on topic. Any member of the public who repeatedly disrupts or interrupts any of tonight's hearing may be asked to leave the chambers. We ask that the audience members remain silent during tonight's hearing unless they are speaking at the podium. The court reporter must record tonight's testimony, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:04PM 07:05PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 7 cooperation from the audience will make her job easier and the transcripts more accurate. Commission members may ask clarifying questions at any time and the public may direct relevant questions to the petitioners either through myself or through direct cross-examination. Likewise, the petitioner may respond to public comments and ask clarifying questions of public speakers. Once all public comments have been heard, I will formally close the public comment period, after which the Commission will deliberate and vote. Thank you for your cooperation tonight. The order for receiving testimony will be as follows: The petitioner's presentation followed by those who wish to speak in favor or opposition of the request. May I have a motion to open public hearing on Petition number PZC 2026-0 1 , Comprehensive Plan update, text amendment? COMMISSIONER WERDERICH: So moved. COMMISSIONER GREEN: Second. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:05PM 07:05PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 8 MS. NOBLE: We have a second one. CHAIRMAN VINYARD: Can I have a roll call vote on the motion, please? MS. YOUNG: Yes. CHAIRMAN VINYARD: Oh, I 'm sorry, hold on a second. We do have a second one. As well as PZC 2026-0 3 , C 1 Yorkville, LLC, CyrusOne, C H I -11 data center, major amendment to a PUD and preliminary PUD plan. May I have a motion, please? COMMISSIONER WERDERICH: So moved. COMMISSIONER GREEN: Second. CHAIRMAN VINYARD: Very good. Roll call vote on the motion. MS. YOUNG: Werderich. COMMISSIONER WERDERICH: Yes. MS. YOUNG: Crouch. COMMISSIONER CROUCH: Yes. MS. YOUNG: Green. COMMISSIONER GREEN: Yes. MS. YOUNG: Vinyard. CHAIRMAN VINYARD: Yes. MS. YOUNG: Williams. COMMISSIONER WILLIAMS: 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 07:06PM 07:06PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 9 MS. YOUNG: Linnane. COMMISSIONER LINNANE: Yes. MS. YOUNG: And Forristall. COMMISSIONER FORRISTALL: Yes. CHAIRMAN VINYARD: All right. We're starting our public hearing. PZC 2026-0 1 , the United City of Yorkville, the petitioner, is proposing to amend the Yorkville Comprehensive Plan, including a modified land use map pursuant to Section 11-2 -7 of the Illinois Municipal Code, and Section 9 -1 -1 of the Yorkville City Code. Is the staff ready to make its presentation? MR. HANSEN: Yes, we are. CHAIRMAN VINYARD: Very good. Go ahead, sir. MR. HANSEN: So this item tonight is about the Comprehensive Plan future land use amendments. Each year the City reviews past rezoning approvals to ensure the Comprehensive Plan's future land use designations are up-to-date. As you guys noticed throughout the year, staff provides memos, which also include a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:07PM 07:07PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 10 Comprehensive Plan section, which includes the current future land use designation of that land before the project and whatever the proposed project would be to change that area if it's approved. We also mentioned about the Comprehensive Plan's future land use for that as well, so if the rezoning is approved and an amendment is required, that certain area needs to be amended, and that's why we're here tonight. Also, the Comprehensive Plan's land use map serves as a guide for future development and zoning decisions; however, it is also intended to be amended when conditions warrant a change in planning direction within a specific area of the city. In 2025 and 2026 the City Council approved six developments that required rezoning. Since these approvals are inconsistent with the future land use designations outlined in the adopted 2016 Comprehensive Plan, amendments to the future land use map and land use designations are required for each type of area to bring them up-to-date. As you guys probably noticed in the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:07PM 07:08PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 11 packet, there is a list or a table of developments that are impacted by each of these approvals. I will quickly go through them. The first one is Restore Church. That one is actually from 2022, the notice was not part of any future -- any past -- excuse me, any previous amendment listed for prior years, so we also included that. We did that last year as well with New Leaf, we caught that one as well, so that's also very common, if we do -- or going through each year, we do go through that process as well to ensure we didn't miss any. Also the D M Y F Loftus, that was a rezoning to general indus -- that was to M -2 which was going to General Industrial; both the Project Steel and Project Cardinal projects, those are both data center approvals; the 1 .5 mile review, that was in unincorporated Kendall County, that was for a solar farm, the Kendall County Board approved that item in October of 2025; and then the last two are institutional-related. One of them is the south receiving 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:08PM 07:09PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 12 station site, which is for the City's Lake Michigan project, that's off of Illinois Route 1 26, as well as Wing Road, and the other one is the Yorkville School District, that recent annexation that was -- since it got annexed into the City it was R -1 and that had to be changed to Public Institutional, so from a -- that's from the zoning perspective, so from the future land use perspective, it has to be changed to Institutional to line up with that future zoning. Otherwise, if you have any questions, I can elaborate on either of these, and the City Council would be considering this on June 23rd if all goes through. CHAIRMAN VINYARD: Very good. Is there anyone present tonight who wants to speak on this matter? (No response.) CHAIRMAN VINYARD: Anyone on Zoom who wants to speak on the petition to amend the Yorkville Comprehensive Plan for previous changes being made? (No response.) CHAIRMAN VINYARD: Nope. All right. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:09PM 07:10PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 13 Are there any questions by the Commissioners? Does anyone have any questions about this? Most of you were here for most of this. I was here for the church and just general housekeeping. COMMISSIONER WILLIAMS: Yep. Pretty straightforward. CHAIRMAN VINYARD: Yes. All right. Thank you very much. We will move on to the next public hearing item. PZC 2026-0 3 , C 1 Yorkville, LLC, petitioner, has submitted applications to the United City of Yorkville, Kendall County, Illinois, for a special use authorization for a major amendment to an existing planned unit development and preliminary PUD plan approval for approximately 228 acres referred to as CyrusOne C H I -11 data center campus. Is the petitioner present and prepared to make its presentation? RUSS WHITAKER, having been first duly sworn, testified before the Planning and Zoning Commission as follows: MR. WHITAKER: Good evening. Russ Whitaker, Rosanova & Whitaker, 445 Jackson 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:10PM 07:11PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 14 Avenue, Suite 200, in Naperville, here this evening on behalf of CyrusOne, or C 1 Yorkville, as the applicant on the property -- on the application before you. Krysti, can you go to the first slide? So a little bit of background on CyrusOne. I think many of you were here when we were before you in 2024, but CyrusOne is a leading global data center developer and operator. They specialize in delivering state-of-the-art digital infrastructure solutions. They own and operate in nine countries globally, they own over 6 0 data centers around the world, so this is not a speculative developer, someone looking to rezone land with the possibility of a future data center. We have an owner-operator and a data center who is looking to come to Yorkville, be a member of the community and build a facility that they will operate over the long-term. This is a slide depicting the plan that was approved by the City of Yorkville in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:11PM 07:12PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 15 2024, so you see the label 2024 approved plan. We will reference this kind of throughout the presentation tonight. The plan that you see is nine buildings; those buildings are all two-story buildings. The buildings themselves are about 55-feet tall. With the rooftop mechanicals and the associated screening, those buildings extend to about 70 feet in height. The approved plan has a very large substation -- or the 2024 plan has a very large substation and there was 2 ,451,000 square feet of building space that was approved in that plan. Since we were approved in 2024 we have worked collaboratively with staff at Yorkville and we have facilitated a number of utility installations in terms of water and sewer that have been completed throughout the area around the property. Next slide, Krysti. In 2026 we came before the City with a minor amendment that was approved in February. The minor amendment was really intended to be a quick change to the plan that would allow us to get under construction with substation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:13PM 07:13PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 16 improvements, and so what we did is we made some modifications to the plan primarily driven around activity that needed to commence early this year and it was for the substation, so the hand is over the substation area, which is identified in red. We reduced the size of the substation by about 50 percent when we came in with the minor change in February. We also found some improvement in circulation on Eldamain Road and so we reconfigured that access drive at Eldamain Road a little bit. Again, this was approved in February. Very shortly after February we pulled the permit and we began construction of the substation and the access road improvement, so different than other data centers you have talked about, this is a data center that is here in Yorkville, it is under construction. This is an active project. The plans before you tonight seek to make some modifications to the approvals, but we are moving forward. We are an active data center project in town. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:14PM 07:14PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 17 This is documentation that we have submitted in support of the application that is in front of you this evening. I have listed a whole host of plans and reports on this slide. I would ask that these documents be incorporated into the record here this evening. I will come back, and as we kind of conclude I will come back and talk a little bit some of these plans and reports in a few minutes. This slide shows the -- introduces the host of people I 've got sitting to my right. So these are subject matter experts, these are the folks that are responsible for preparation of much of the documentation that was disclosed on that slide, that last slide. I am going to provide a high-level overview of documentation this evening. The goal is -- If we went through all of it, we'd be here for hours on end. The goal is to kind of provide a high-level overview given that we have already been through this public hearing process. This is property that was zoned M -2 for manufacturing use even when we came in, so it has always been consistent with the Comprehensive 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:15PM 07:15PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 18 Plan, we didn't seek a change to the Comprehensive Plan, and so we're making minor adjustments and I just want to go through some of that detail high level and then we can dig into more specifics, if necessary. So this is the -- this is the PUD plan that we submitted. It depicts a layout of the buildings and associated improvements, such as a substation, roadways, parking areas, perimeter fencing and stormwater detention. The PUD also includes a site data table with necessary and appropriate information that dovetails with the underlying zoning. Notably, with the major change, we have maintained larger setbacks that were incorporated in the 2024 approval. We have a 150-foot building setback to Eldamain, which is six times the required 25-foot setback in the underlying M -2 zoning district. Along Beecher Road the building setback is more than 250 feet. To the south the building separation to one of the private residences along Faxon Road has increased from 485 feet to 833 feet with the plan that's before 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:16PM 07:16PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 19 you. Core changes to the plan include the elimination of one building, reduction in square footage. Again, I mentioned 2 .4 million, almost 2 .5 million, with the 2024 plan; we reduced that to 2 .1 to 2 .2 million. With the approval in February of '26 with this plan, there is another reduction that takes us to 1 .85 million square feet. And so it was originally approved as nine buildings, we're at eight buildings now. The buildings were originally approved as two-story buildings, we have gone to eight single-story buildings. Original plans as I said permitted almost 2 .5 million, we're down to 1 .85. This most recent reduction with this plan is another reduction of about 300,000 square feet. I mentioned already two-story buildings were approved at up to 70 feet. Revised buildings are approximately 51 feet to the top of rooftop screening. Next slide, Krysti. This is a site plan overlay. This 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:17PM 07:17PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 20 was -- we developed this in kind of coordination with staff to help really delineate what the changes were from the approved minor change to the plan that's before you, and so what you see in red is the minor change that is approved today. What you see in the black in sort of the background, the black scale, is the minor change that's consistent with the PUD plan that we showed just a second ago. So when you look at this plan you can see that we have eliminated the access at Faxon Road. In lieu of that Faxon Road access we have pushed the access over to Beecher Road. There are two existing residences to the south on Faxon Road. Moving that traffic to Beecher Road we thought was beneficial. With doing that we've also created a very large consolidated stormwater basin. We will look at how I think that improves some of the open space around the campus in just a minute. With the shift from two-story buildings to single-story buildings, obviously we 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:18PM 07:18PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 21 are increasing the footprint of the buildings, and so you can see a re-delineation or re-orientation of all of the buildings with the two-story spaces coming down to single-story spaces. Next slide, please. So this is sort of an interesting slide because when we looked at it we wanted to try to help explain -- the staff report calls out the increases in building coverage and the increases in site coverage. I think we were -- catch up on my notes here. Under code, 85-percent site coverage is allowed. We're at 17.3 percent site coverage -- I 'm sorry, building coverage. While that's an increase over what was approved in the -- in the original 2024 plan, it's still a significant reduction from what's allowed in code. We're at 52.75-percent site coverage with the revised plan. While again that's an increase in site coverage, allowable under code is 85 percent, so we're still well below the threshold allowable in code. It's really -- that change in the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:19PM 07:19PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 22 building coverage and the site coverage is really driven by the change from two-story building to single-story building, but as we did that, there were some other changes we made to the plan that I wanted -- I think this slide helps bear out. So if you're looking at the plan on the left, that is the approved minor change. One thing I would note is in the top of that plan, so the kind of purple cross-hatch, that is the area of the approved plan that was designated for future development, that area is almost 33 acres. We always contemplated that there would be development there, we didn't know what it would look like. Now with the change to single-story buildings we're developing that space, so it was -- we certainly contemplated that there would be improvements there, that the improvements in that location would increase building coverage and site coverage overall, and that's part of the change being incorporated here. When you look at the plan on the right and you compare it to the plan on the left, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:20PM 07:20PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 23 the sort of red-hatching around the perimeter delineates the portion of the property that's outside of the secured perimeter fence. So if you recall back from a couple years ago or data centers you have seen more recently, these are generally secure facilities. We will have an eight-foot metal fence delineating the perimeter of the property. Really the question becomes where that fence goes on the perimeter of the property and then how does the property sort of relate to the surrounding improvements. And so on the left you can see that our fence was set up originally such that there was very little in the way of open space outside of the fence, so we had a larger interior campus being secured by the fence. With the changes, with the major change, we have come back and we have re-oriented the fence, we have changed the delineation of the -- how the stormwater is functioning, and that's in the south. You can see that's really going to improve the manner in which the buildings relate to folks that are traveling up 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:21PM 07:21PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 24 and down Eldamain Road. We don't have a lot in the way of residential or commercial neighbors here, but I think as people are traveling on Beecher Road, Faxon Road or Eldamain Road, some of the additional spaces outside of the fence will really help improve the character. And also when you pair that in combination with the buildings going from two-story to one-story, it's an overall improvement of the character and how we relate to the external community. Next slide, please. So this is the landscape plan, and so this is -- this is generally consistent with what we had before. Again, obviously some of the infrastructure moving around, though, but you can see that we've got berming consistent along Eldamain Road and along Faxon Road. The berm on Eldamain varies in size a little bit. I think we're kind of working with staff on the berming south along Faxon Road. There is discussion of an eight-foot tall berm in that location. We have Type D landscaping speced along all of the roadway corridors. That 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:22PM 07:22PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 25 landscaping is located within a 100-foot landscape easement. So the thought process is here we've got groupings of trees, we've got ornamental trees, we've got evergreen trees and we've got overstory deciduous trees, so we've sort of got -- those trees are stacked on each other and we've got different growth patterns to those trees, so as they grow up over time we create a very nice buffer around the perimeter of the campus. And again -- I 've said it a hundred times already, but I 'll say it again -- also with the shrinking of the buildings and the significant landscape around the perimeter, landscape going on top of a berm, the entire data center campus begins to fade into the background. Phasing plan, and so this is -- this is actually updated since we were at EDC last week. It's -- in substance it remains very similar, we've just kind of flipped the colors. So what we're showing here is generally three construction phases, and this phasing plan relates more to site infrastructure 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:23PM 07:23PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 26 and then how buildings would be constructed from there than it does the specific order of the building. So what we're showing here is three construction phases. The pink represents the current phase. Again, we've have been under construction since early this year. That substation pad is substantially complete or substantially underway. We anticipate the transformers will be delivered later this year. We would also anticipate being under construction with our first building later this year. When we were at EDC we had originally scheduled that the gray area was going to be our Phase II; we have since flip-flopped that. So the green is our Phase II, the area north of the access drive, there are two buildings up in that location. Here we're saying that we're going to start with the building along Eldamain Road, but more importantly what we're saying is that in that green area we would be completing all of the infrastructure improvements 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:24PM 07:25PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 27 within one phase, so we would construct the ponds , we would construct the landscaping, all the fencing would be put in, the roadways would be put in, and then the buildings can both be added as necessary based on demand or Cyrus' construction schedule. Once we're complete with Phase II we would then be able -- yeah, Phase II, we would then be able to move into Phase III, Phase III being the larger section of the property, which is obviously a more substantial investment. This is an aerial -- well, it looks like it's maybe 198 0 , this is actually a May, 2026 aerial, and so just by way of orientation, you can see the north-south road on the left side of the screen, that is Eldamain Road; you can see the significant manufacturing industrial facility to the west of Eldamain Road, that's the Menards Distribution Center; the ComEd substation, which is a massive regional substation is just north of the CyrusOne property, that substation is obviously making this area an attractive location for data centers; and then just south of the substation facility you can see where 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:25PM 07:26PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 28 improvements have commenced for construction of the data center campus. So you can see that road aligning with the access drive to the Menards campus, coming into the CyrusOne property, and then ultimately the layout of the substation there well underway. So this is an elevation. Nominally the elevations have not functionally changed, so what we're doing here in terms of architectural styling is entirely consistent with what you would have seen before, so you've got a lot of tilt-up concrete, but we want to create very welcoming entrances, so what you're looking at here is two-story building entrance about 36 feet in height on each of the entrances. The office component at each entrance is about 33,000 square feet where we would house CyrusOne employees, some contractors, and then employees from tenant. A little bit uncertain, we don't have tenants at this point in time. We would be in the market looking for tenants. Depending on who we secure in tenants, that's going to kind of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:26PM 07:27PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 29 help us determine what the ultimate employee load is at a facility like this. But you can see this is sort of a modern Class A office building structure that is ultimately attached to the data center building and is a great working environment. Next slide, please. Okay. So back to this one, and I 'm going to hit my notes on this. So I hit this at the beginning, but I wanted to kind of conclude on this as a sort of summation of a lot of the documentation that we have put in in support of the case, even though the case is really pretty straightforward in the sense that we are reducing square footage and we're shrinking from two-story buildings to one-story buildings, in coordination with staff and knowing some of the discussion around data centers lately, we wanted to be very comprehensive in the type of information we got you. So just running through this documentation real quickly, items one and two, those are really application materials. Those are form documents that we filled out. They're 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:27PM 07:28PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 30 the standard city forms applicable to the type of action we're taking here, so that's very standard documentation. The petition for a major amendment to a planned unit development, so this is a legal document that I put together, that document goes through all of the findings of fact that this Commission considers and it speaks to collectively the studies and what we're seeking to do with this campus, how it relates to the old approvals and substantiates how we believe we meet the standards for your approval here tonight. The Plan council comment response, so when we initially submitted plans -- and I don't remember exactly when that was, back in April, maybe, City staff takes the documents in, they do a review and then we do some back and forth iteration on the plans, right? There's certainly questions that staff has, there's engineering issues that need to be worked out, so this is one of those sort of first documentations that begin to flush those issues out. So staff issues a memo. What we did 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:28PM 07:29PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 31 is we provided detailed responses to all of the issues that were raised by staff in that memo, so that detailed changes that we were making to the plans based on staff's suggestions . It answered questions. By way of example, when we were granted approvals in 2024, you did not have energy use standards. As a result of you not having them, but there being some discussion of them, we didn't know, we couldn't agree to comply with standards that we didn't understand, right, and so we included in the approvals in 2024 a blanket waiver of energy use standards that we knew were going to be a dopted in the near term. Those have since been adopted, we can see them, we understand them, it's specifically delineated in Krysti's staff report, but we have agreed to meet those energy standards even though we have a waiver from them from 2024, so that's -- that's by way of example the type of things that are included in that Plan comment response there. The legal description is pretty self-explanatory. Major change to the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:29PM 07:30PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 32 preliminary PUD, the preliminary engineering plan, those are both documents from our civil engineer, so the preliminary PUD plan I showed you, the engineering plan is delineating utility locations and how we intend to lay out utilities. That will ultimately be supplanted by final engineering plans if we receive approval of the updated plans. Plat of subdivision, we submitted a plat of subdivision originally, we ended up pulling back on the plat of subdivision; we will come forward with a plat of subdivision to create a legal lot of record when we come in with final engineering. I think we just kind of got ahead of the process, so that's kind of a technical detail. Color building renderings, so this was a package, you saw one slide from it which really showed the important component which was that entry detail, but our color renderings show the four sides of the building, what everything will look like, the materials and all of the building heights. I think if you look at those 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:30PM 07:31PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 33 renderings you would see that the main precast component of the building is about 24 feet in height. The infrastructure phasing plan we looked at, the residential setback exhibit we looked at. That was that overlay that had the red and black on the plan. The landscape design color exhibit we looked at, so that was the plan that delineated the Type D landscaping and the berming that would happen around the perimeter roadways. The economic impacts and fiscal benefits, so those are studies that were done by a third-party consultant of us looking at what would be the -- what would be the economic impacts and the fiscal impacts of development of this facility. At the end of the day I know that while the City is always concerned about needing to understand what fiscal impacts, the residents are very much concerned about other health impacts. It's important to understand these details, though. What we showed in the fiscal benefit 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:31PM 07:32PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 34 study is that property tax dollars are about $16 million annually, so every year at stabilization, full build-out of the campus. It's actually the same number in terms of electric utility tax at stabilization, full build-out of campus. So sum total dollars -- and that's not just to Yorkville, right, because property taxes get split up -- but it would be $16 million annually in property taxes, $16 million annually in electric utility taxes. Yorkville does get all of the $16 million in electric utilities taxes. The natural resource information report, that's a report that gets issued by the Soil and Water Conservation District. They're looking at maps and they're trying to understand are there important elements here or is this property suitable for development. There was nothing in the NRI report that would forestall development here. The EcoCAT sign-off letter is threatened and endangered species. We have sign-off from Illinois Department of Natural 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:32PM 07:33PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 35 Resources that there is nothing here in terms of threatened or endangered species to be concerned about. SHPO correspondence, so this used to be I H PA. This is a historic preservation documentation, so it's also through IDNR or the Illinois Department of Natural Resources. This is little bit different here than what we submitted. They did have some things pop on their maps. We went out, we hired a professor from the University of Illinois. He did a Phase I archeological survey, we submitted the Phase I archeological survey. There was nothing of importance on the property that was found based on the survey details, how that type of documentation is created, and they went ahead and terminated the consultation, so we have a clear from SHPO. The data center impact analysis, so this is sort of an interesting one. We went out and we hired a gentleman, Mark Pruitt, who is former director of -- I lost it. MR. PRUITT: Illinois Power Agency. MR. WHITAKER: Illinois Power Agency, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:33PM 07:34PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 36 and Mark looked at what are the impacts a ssociated with the data center, is it going to affect reliability power delivery, is it going -- what does it mean with respect to pricing. His conclusions are in the report, but at the end of the day he is showing that we already have allocation of power from ComEd; ComEd and applicable agencies, P J M , have considered the development of this property, they understand the pipeline and they have allocated power accordingly. The power letter sort of dovetails with that study. A traffic impact study was prepared by KLOA; we've got Javier Milan with us here tonight. The traffic study is really lesser included with this because we are reducing square footage, so we have gone through that process before. The traffic impact study says that the surrounding roadways can certainly accommodate the traffic associated with the proposed development. The property value impact memo was prepared by CohnReznick, also have Andrew Lines 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:34PM 07:35PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 37 with us today. Andrew and I have worked together before on solar field developments, and so Andrew looked at what is the potential impact to property values associated with the data center development. In his study, in his memo, he looks at some peer-reviewed studies that have said in northern Virginia they have looked at comparisons to homes in close proximity to data centers to homes that are a little further removed from data centers and has there been negative impact on those sales associated with the data center. The conclusion was no. Andrew then went on and did a similar study of his own. He got -- he found three comparable data centers in the Midwest, looked at the -- a similar situation, right, so we weren't looking at Elk Grove Village, we were looking more at like an Iowa facility that was similarly situated to Yorkville, and he ran a similar analysis looking at where sales had occurred proximate to the data center and found that there was -- it was unlikely that there would be a negative impact due to the adjacency 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:36PM 07:36PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 38 of the data center. The noise study and the noise study comment responses, so Trinity is here, that is our sound consultant. They looked at all of the inputs from the data center, those are cooling units, they're generators, they're transformers, and they created a model based on our site plan to study what would be the potential impacts, what is the sound at required measurement locations around the facility. They compared the model of sound from our data center to both Illinois Pollution Control Board requirements and City of Yorkville requirements, ultimately finding that we meet applicable standards under both Illinois Pollution Control Board, which is a more stringent restriction based on octave bands. We're not just looking at a sum dBA measurement, but we're looking at the various octave bands that would obviously consider those lower threshold noises. The approved -- So the last five, six documents, 24 through 29, all relate to wetlands. So it's an approved jurisdictional 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:37PM 07:37PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 39 determination from wetland exhibit, the wetland assessment letter, the delineation exhibit, all of these documents relate to two wetlands that are located on the property. The wetlands are roughly 2 .7 acres. They're non-jurisdictional, so they're not -- not wetlands that the federal government is taking jurisdiction over and would look to protect. As such we look to City ordinances to determine what we do with those wetlands. One of two choices, we can either pay a fee in lieu or we can work with City staff on a localized improvement that would offset the impact of the wetlands. We will be impacting the wetlands with our revised report. We are actively in conversations with the City's engineering team to figure out if there is a way that we can build a wetland proximate to the property, adjacent to the property, that would offset the impacts, so kind of a cool project that we've got in the works there. We're just at the beginning of it, but at the end of the day whether we build a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:38PM 07:38PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 40 project or whether we pay a few in lieu, we have the ability with this plan to comply with Yorkville ordinances, so there is no functional issue with respect to the wetland. So that takes me through the documentation. I think we're -- you know, we are under construction, we're excited to be here in Yorkville. I just -- I want to reiterate that this is not a new data center. I have seen stuff even now on social media we don't want any more data centers. This is not a new data center, this is a data center that's actively being constructed in Yorkville. We think the changes that we are coming at you with here this evening are material improvements that I think the community, if comparing the 2024 major -- the 2024 plan or the 2026 plan to what we've got here today would see and understand that this is a good, positive step forward. So with that, I thank you for your time. Again, I 've got all of my experts here. If there are specific questions for them, we're 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:39PM 07:39PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 41 happy to bring them up and answer questions. CHAIRMAN VINYARD: May I have you -- Can you represent your supplemental studies? MR. WHITAKER: Supplemental studies. MS. NOBLE: Your experts. MR. WHITAKER: You want us to -- you want everybody to run through comprehensively their studies? CHAIRMAN VINYARD: Yeah, I 'd love to, just boilerplate. MR. WHITAKER: Yeah, we can do that. CHAIRMAN VINYARD: Okay. Thank you. MR. WHITAKER: I don't -- You want us to do that now before you take -- CHAIRMAN VINYARD: Mm-hum. MR. WHITAKER: Yeah, so I 'm not sure what's next there, Krysti, I 'm going to need you to -- MS. NOBLE: Pinnacle. DWIGHT TROSTLE, having been first duly sworn, testified before the Planning and Zoning Commission as follows: MR. TROSTLE: Good evening. My name is Dwight Trostle, I am with Pinnacle Engineering 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:40PM 07:41PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 42 Group. We are a t 200 1 York Road in Oak Brook, Illinois. We also have here Brian Johnson from our office, who is a principal of the company. If you come down to that major change, I know that Russ pretty much covered everything on this plan, it was just the change, and that it is still seven-and-a -half buildings, and this is the landscape plan showing the buffers along Eldamain, also along Faxon and Beecher Roads. We also have them around the detention ponds at the north and in that area. This being the phasing plan, as he also said, the first building up there is Figure 11-A , that would be constructed and all of the necessary infrastructure that would need to be constructed for that building would be completed. I guess the first phase actually is the substation as he said, which is the mass grading pad is completed and the transformers should be coming rather soon, and then foundations and install those for that, Phase II then was that other area, and then the Phase III will just kind of move on into that in the future, this being the residential comparison and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:42PM 07:42PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 43 setback mainly to the residential directly to the south and then the one to the southwest. The numbers there increased from -- let's see, the one on the southwest increased from -- from 543 feet to 732 feet, the one to the south increased from 485 feet to 833 feet, so with this change in the plan and shifting that stormwater detention basin along the south property line, it increases that and gives a better look from that direction. The site coverage -- MS. NOBLE: This one. MR. TROSTLE: This one, and, again, as he indicated, that northwest area, it -- developing that they knew that it was going to be developed eventually and that's what increases the site coverage numbers, as well as the fact that the building is going from two story to single story. The area outside the fence, I think that the numbers show that there was an increase of that area outside the fence basically because of that stormwater detention facility along the south and in the range of about an additional 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:43PM 07:43PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 44 five acres of area. These are the preliminary engineering plans. This is just a cover sheet showing the general orientation of the project. This, we went through and did a concept grading plans looked at general grades across the site just confirming that with these buildings in these locations and stormwater detention basins that everything would flow correctly into the stormwater detention basins with the tributary areas for storm sewer, which can be seen on the next slide, which is the utility plan, showing that -- generally just going through the entire site to just get a feel for what infrastructure needed to be completed ahead of time, especially the handle that -- the building up in the northwest corner. CHAIRMAN VINYARD: Thank you, sir. Next, please. MIKE HEMME, having been first duly sworn, testified before the Planning and Zoning Commission as follows: MR. HEMME: Good evening. Mike Hemme with Corgan Associates. Just a brief picture 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:44PM 07:44PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 45 about me, I have been with Corgan about 20 years, vast majority of that's been focused on data center design. Licensed here in Illinois and also ten additional states. Already ran through the elevation here, but, again, core materials here, largely concrete precast walls, we've got articulation with glazing and metal panel to break up these facades. Hard to see here because they are set back, you will see it in the elevations in the next slide. Rooftop equipment is fully screened, both visually and providing assistance with acoustics. The equipment at grade, you can see on either side of the main admin portion there it's all, again, visually screened by precast walls, in addition to the loading dock. You can see that on the top elevation on the left there . To some of the points that were made earlier by Russ, by comparison, if you visually look at the top of this building where the top of the screened wall is, the approved plans, probably that screen wall height, again, taller, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:45PM 07:45PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 46 just to give a general sense of how much this building has been reduced in height from a visual point of view. Again, facade along the other side, again, here you can see the equipment being screened. You can't see the equipment, got a wall in the way, and then the next elevation is going to be very similar to this one, it's just the other side. Buildings very symmetrical, so it's kind of the same. CHAIRMAN VINYARD: Thank you. MR. HEMME: Happy to clarify. CHAIRMAN VINYARD: Nope, appreciate it. DIGNO IGLESIAS, having been first duly sworn, testified before the Planning and Zoning Commission as follows: MR. IGLESIAS: Good evening. My name is Digno Iglesias, I am with Trinity Consultants, and our address is 12700 Park Central Drive in Dallas, Texas. And, yeah, my name is Digno Iglesias, I am an acoustic engineer, acoustic consultant. I have been working in the industry for nine years, mostly in designing equipment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:46PM 07:46PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 47 mitigation. All right. So a quick overview, what we provided was a sound study of the projected noise levels of the data center campus and we modeled emergency generators, as Russ said, chillers and transformers. We ensure -- we use the model to design -- to design mitigation to ensure that we meet and comply with the IPCB requirements as well as the Yorkville City noise ordinance. For that we have pictures here of -- we have representative pictures of chiller barriers or rooftop unit barriers in the -- sorry, the middle image. Yeah. That image, however, is only representative so that you can see the equipment behind it; however, our plan is in this campus to surround all of the chillers completely. It's only like this so it's easier to understand. CHAIRMAN VINYARD: Thank you. MR. IGLESIAS: In the top image, that is a cooling unit completely enclosed with acoustic attenuation, and that is our plan to proceed and mitigate the sounds produced by the campus. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:47PM 07:48PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 48 And then the picture at the bottom just depicts the barrier that Mike just showed us with the elevations, and that is helping constrain the sound from the generators in case of emergencies or anything, and to that point, the generator run time is minimal for sure and will only be used in emergencies or in maintenance situations. All right. You can go on to the next slide. Sorry, one more. Actually one more. So a little more detail. This is -- Here we have the two codes that apply to the surrounding areas and to the project, and they just delineate the noise requirements, and as you can see we were required to be at these noise levels at a maximum, so we have complied and we are expected to project the noise levels -- noise levels that are below these requirements. That is for the -- both Yorkville ordinance as well as the IPCB code. I 'm sorry, next slide. Yeah. So the way we did this is, as I explained earlier and as Russ explained, we modeled air-cooled chillers. The image there represents the building layout in our noise 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:49PM 07:49PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 49 modeling software, and the blue items there are representative of the noise sources, and we projected this onto the receivers labeled R 1 through R 10, and that is how we are able to confirm that the projected noise levels, the expected noise levels, will comply with the codes. And again, bigger pictures if you will, and as I stated before, these are representative images for the generators since they are behind the acoustic barrier. They are provided with enclosures that ensure they don't produce -- that they mitigate the noise they produce. And so here is just a table of our results, the same picture from our methods, and these indicate where the City of Yorkville requirements apply, and those are the -- and all of these receivers within the Yorkville ordinance jurisdiction surely comply and the levels are below the requirements during daytime and nighttime requirements as the code differentiates. So when we submitted the noise study 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:50PM 07:51PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 50 to the jurisdiction previously, the consultant, Soundscape, the acoustic consultant retained by the City of Yorkville, requested us to expand our study further, and it I believe is 26 places that we were asked to analyze the noise levels, and if you flip to the next page, there is a whole lot of numbers that tell you we meet the -- we meet the requirements, particularly required by the IPCB noise limits, as they are very stringent and they are -- they delineate the octave bands, so the frequencies and everything need to be compliant. You can go on to the next one. This is just a simple heat map, is what we call it, that just projects what noise levels would look like all around instead of just spot points. That's kind of what the soundscape would be. And on the left you have the general nighttime requirements and there are no generators operating whatsoever, and in the daytime on your image on the right, that is simply representative of two generators being tested per building, if required. It is rare testing -- rare that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:52PM 07:52PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 51 testing or maintenance needs to happen, but if required, they would only happen during daytime hours, and they also still abide to the Yorkville as well as IPCB requirements. And here is simply a thermometer to give the community or give Board members a little bit of intuition of what these numbers really mean. Back in September of 2024 we came to the site and we took some background noise level measurements just to have an understanding of the soundscape. It is a typical procedure that is provided in projects like these, and this is just a representative of those locations and noise levels. All right. Thank you. CHAIRMAN VINYARD: Thank you. Appreciate it. CONNOR RUTLEDGE, having been first duly sworn, testified before the Planning and Zoning Commission as follows: MR. RUTLEDGE: My name is Connor Rutledge, I am also with Trinity Consultants handling the air side of things. Been with 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:53PM 07:53PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 52 Trinity for four years, focused specifically in Illinois for air permitting and compliance work in Illinois. Next slide. As far as air emission sources for the proposed development, that's going to consist almost entirely of emergency generators, so as the name implies, those are intended to provide emergency backup power in the event of a utility outage. In addition to operating in emergency capacity, there are also short periods of regular maintenance and readiness testing. As the name -- term implies there as well, the purpose of that testing is to ensure in a true emergency situation that the generators are able to operate as intended. And so in a year where you don't have an emergency event, you can expect that each generator will operate an average of 10 to 15 hours per year. Next slide. So the Clean Air Act requires that the USEPA establishes national ambient air quality standards, or NAAQS, that are designed to protect human health and environment, so those 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:54PM 07:55PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 53 standards -- those are the standards that are established based on research to prove that the air quality in that area is suitable to healthy living. The Clean Air Act also requires the USEPA to establish emission standards for particular emission sources, so in this case emergency generators. There is two federal regulations that we were mainly concerned with, those being the New Source Performance Standards, Quad I , and the National Emission Standards For Hazardous Air Pollutants, Quad Z , to aid in achieving those national ambient air quality standards. So essentially sources of a certain type comply with the provisions of those subparts and those subparts are meant to ensure that areas are able to achieve these NAAQS. In addition to that, you also have the Illinois EPA, who is the state authority. They issue permits to emission units or to sources with emission units to ensure that those USEPA standards are met. On top of those there may also be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:55PM 07:56PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 54 additional state-specific standards that are promulgated by the Illinois Pollution Control Board. Coming to the -- So the permittee side of things, in those permits the Illinois EPA will specify manners by which a permittee has to demonstrate compliance, and so that could be things like recordkeeping, you know, for example, keeping track of fuel usage in the generators, there could be testing requirements to prove that the generators are achieving the standards laid out in NSPS Quad I , and then there also could be, you know, reporting associated with that, and then some periodic inspections from the Illinois EPA where someone from the Illinois EPA will actually go out to the facility and ensure through a review of the records available, as well as a facility log, that they are maintaining compliance with that permit. This last slide here gets at the requirements of those two federal subparts that I referenced. So N SPS Quad I and NESHAP Quad Z minimally require Tier II equivalent emergency -- or Tier II certified emergency generators. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:57PM 07:57PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 55 CyrusOne is planning to install generators that will be Tier IV equivalent, and so this table here gives you a visual demonstration of how the performance between the two tiers if you will can differ, differs pretty significantly. And so while these Tier IV equivalent generators are not required of CyrusOne, CyrusOne is going above and beyond those minimum requirements to install basically the best control that they can. CHAIRMAN VINYARD: Thank you. LAURA COTTRELL, having been first duly sworn, testified before the Planning and Zoning Commission as follows: MS. COTTRELL: Hi. Laura Cottrell, senior director of environmental compliance with CyrusOne. I have been with CyrusOne for just about three years now and been working in the environmental consulting industry and research field for over 20 years. So I think I have a couple slides here on material storage, waste management and spill prevention. So just to kind of level set 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:58PM 07:58PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 56 on the types of materials that we store and how we manage those materials and how we manage waste in general, we are -- our operations are very typical for data centers, so we have -- it's not chemically intensive. We do have fuel storage for the generators, but in general the chemicals that are on-site, aside from fuel, are typical chemicals that are integrated into everyday type of equipment you might see in your home, but just kind of at a -- somewhat of a larger scale for a commercial or a data center-type operation, so we have things like refrigerant, batteries, lube oil in our generators, batteries, again, in our uninterruptible power supply system, and beyond that other chemicals would really just be incidental, you know, maintenance, cabinet-type chemicals and whatnot. From a regulatory perspective, even though chemical storage is fairly minimal, we are still regulated by a number of federal and often local rules that, you know, ensure that we are handling these chemicals in a safe way. So some of those rules are spill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 07:59PM 08:00PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 57 prevention rules under 4 0 CFR 1 12, chemical inventory reporting is required for all of those chemicals that I listed that requires reporting to fire department, local emergency planning commission, state emergency planning commissions, which refrigerant management needs to be managed -- or needs to be in compliance with federal regulations and, of course, waste management, there is rules related to any kind of regulated waste generated. In general we are non-generator of hazardous waste, so typically it's just general trash and following recycling programs. Spill prevention. So we do have fuel storage, like I mentioned, associated with our diesel generators. Standard B OD design is to store that fuel in a double-walled belly tank is what we call it, which is basically an above-ground tank that's integral to the emergency generator itself. It's designed obviously with the double wall to prevent spills, so in case there is some sort of leak in the inner tank, the outer tank is there to ensure that that leak does not 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:00PM 08:01PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 58 escape out into the environment. Beyond that, on the previous slide I mentioned we are regulated by federal spill prevention rules under that 40 CFR 1 12 rule, so that requires us to develop spill plans at all of our data centers that require additional spill prevention features like regular spill inspections, standard fueling procedures, bulkheads and training for our ops guys. CHAIRMAN VINYARD: Thank you. ELLEN RAIMONDI SCHWARTZ, having been first duly sworn, testified before the Planning and Zoning Commission as follows: MS. SCHWARTZ: Hello. My name is Ellen Raimondi Schwartz, I am with Gary R . Weber Associates. I am a professional wetland scientist and I have been with Gary R . Weber for ten years. I have been consulting field delineations, but also handling quite a lot of regulatory permitting which pertains to wetlands or woodlands as the case may be. We were -- next slide. We were brought on by CyrusOne in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:01PM 08:02PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 59 2024; a wetland delineation report was completed by others in 2022 for Green Door Investments. At the time that we were brought on, the delineation was still technically valid. We conducted a supplemental visit to ensure conditions had not changed. We stated that the findings were still appropriate and that report would then be still good for another two years. We requested a no permit required letter from the Army Corps of Engineers; they issued that in July of 2024. At this point the delineation is still valid until July of this year, 2026. The Yorkville ordinance will allow a one-year extension at request, which I believe the applicant will be putting forth. Should it not be granted an extension or should additional information need to be completed, we would do a formal delineation either in 2026, 2027, if necessary. The project proposes impacts to the two identified wetlands. These are farmed wetlands, they are generally depressional 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:02PM 08:03PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 60 wetlands disconnected from any tributaries. As Mr. Whitaker noted, those would be considered isolated. One minor correction, the approved jurisdictional determination is pending; in the 2024 window, Army Corps was not issuing J Ds at the time, they were on a hold due to the Sackett Supreme Court ruling, so that will be provided, though. Under the Chapter 16 ordinance that protects wetlands, this would be Category 2 wetland impact, impacts exceeding two acres. As noted as well, there is two avenues for wetland mitigation, one being an in-lieu fee to the City, the other being an off-site wetland improvement, so that would be creation or enhancement of wetlands that are within the impact area. The applicant has the accessibility to do both and the decision to move forward would be with the City. And that's it. CHAIRMAN VINYARD: Thank you. JAVIER MILAN, having been first duly sworn, testified before 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:03PM 08:04PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 61 the Planning and Zoning Commission as follows: MR. MILAN: Good evening. My name is Javier Milan, I am a principal with KLOA, Incorporated. I got my Bachelor's degree from Marquette University and have been conducting traffic engineering studies for over 30 years. I am also a member of the Institute of Transportation Engineers, ITE, and I am also a general traffic engineer for the Village of Lombard. Next slide. Thank you. So we conducted a traffic study following all industry standards, the state of Illinois and the county requirements as well as the City. This shows you the study area, you know, basically Galena and Eldamain Road to the north, Veteran's Parkway, Eldamain Road to the south, and then to the east Corneils and Beecher Road. So traffic counts were conducted in March of this year, 2026, and they were conducted from 6 :00 to 9 :00 a .m . and 3 :00 to 6 :00 p .m . You might say why. We want to see when the peak hours of traffic occur. So once we 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:04PM 08:05PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 62 have that data -- we can go to the next slide -- we have to estimate the number of trips that the development will generate, and this is done using the Institute of Transportation Engineers' trip generation manual. This is the standard utilized by the federal government, state, county, municipalities and consultants alike. So you can see in here what is estimated to be generated between those peak hours in the morning as well as in the afternoon or the evening. So these traffic volumes are assigned to the area of roadway based on the existing travel patterns, and you derive that from the traffic counts. Now, in order to not analyze things in a vacuum, it is required to actually project traffic to a certain time, in this case 203 1 , and that is consistent with what the state and the county requires. So we received background growth or projections from the Chicago Metropolitan Agency for Planning. We apply that growth to the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:05PM 08:06PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 63 existing traffic volumes, and once we have that, then we add this traffic on top of it, and that's the future conditions that we need to analyze. We can go to the next slide. So, sorry, it's a little bit too long in there, but based on the results of the analysis, as you heard Russ mention, the access drive on the east side of Eldamain Road will provide one inbound lane and two outbound lanes, scribed for an exclusive left-turn lane and a through combined for right. The outbound movements will be under stop sign control, and based on the analysis that intersection should provide -- and this can be done via restriping -- a southbound left-turn lane to accommodate the southbound vehicles that are going to turn left into the facility. Same thing going northbound, they would have to construct an exclusive northbound right-turn lane to remove those vehicles that are turning right from the through-traffic movement. So basically, in conclusion, the existing roadway system has sufficient reserve capacity to accommodate the traffic estimated by 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:06PM 08:07PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 64 the proposed development, and the proposed development based on the analysis will not have a significant traffic impact on all of the studied intersections that I mentioned on my second slide. So thank you very much. CHAIRMAN VINYARD: Thank you. MARK PRUITT, having been first duly sworn, testified before the Planning and Zoning Commission as follows: MR. PRUITT: Good evening. My name is Mark Pruitt. Appreciate your time. I am the regulatory guy on energy. You see my CV there. Let's just go on to the material here. We tried to organize this study that I provided around what I would think would be the rational questions people would want to ask, so I am just going to pose the question and then run through a high-level review of my response. Happy to take questions now or later. First question is will this data center make electric reliability less in the surrounding community, meaning will people have lesser reliability after the data center is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:07PM 08:08PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 65 created, and the answer is no. Based on the studies, the evaluations and the recommended upgrades and the system design that have been approved by ComEd as well as the developer, this development is largely going to be isolated from the remainder of the ComEd circuits that serve the rest of Yorkville. If there is a problem at the data center campus, it will not extend out to the surrounding community because it has a direct connection to transmission. If there are difficulties in the remainder of Yorkville, that will not cause a difficulty at the data center, so they are largely operating on parallel activity lines within the electrical system. Next slide, please. Another question that we get quite a bit is well, is there enough power to support not only this data center, but also existing customers, meaning sometimes expressed as will you be taking my power from me. The answer is 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 08:09PM 08:09PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 66 One thing to just bear in mind is that northern Illinois is part of a larger wholesale market that extends -- it's called PJM, stood for Pennsylvania, Jersey, Maryland back in the very early days about a hundred years ago, and PJM basically serves as the air traffic controller for power plants within this multi-state region. So 57 -- I 'm sorry, 54 local utilities serving 6 5 million customers coordinate the operation of 1400 generating stations and deliver that power to all those utilities over 8 8 ,000 miles of transmission lines. So you have to -- When you're thinking about the reliability and are there enough power plants, it's not just are there enough power plants in Illinois, it's are there enough power plants in these 13 states, and P J M operates under the authority of the Federal Energy Regulatory Commission and operates on a charter where it must maintain reliability, meaning sufficiency of generation. Typically they like to have a reserve margin, which is extra generation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:10PM 08:10PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 67 capacity, just to ensure that there is high levels of reliability during all hours of the year. They're concerned about the hottest summer afternoon and the coldest winter night, and their job to make sure that they don't allow any new loads to connect to that system that would erode that reliability, or prevent power plants from retiring that would cause that reserve margin to erode as well. So PJM and ComEd have both studied this issue and have determined that there is sufficient capacity to meet the meeds of this data center as well as all existing ComEd customers. Next slide, please. Real practical question is what about my utility bill, and before I answer this I just want to set a little context, and this is only because I 've had to deal with power prices for a long time. Prices go up and prices go down. I understand prices are high now, I absolutely understand that. I just want to point out that we serve a -- the monthly prices for ComEd 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:11PM 08:11PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 68 customers over the past 15 years, in the month of March, just so that we set aside any seasonal differences and on an inflation-adjusted basis, the price paid in March of '26 is 20 percent, or a little bit more than that, below the price paid in March of 2012. Not a lot of comfort, I understand that. However, the prices that we pay are based on the relative balance of supply and demand within that broader PJM market. Over the past 15 years we have seen more power plants retire and now we're seeing a growth in demand. Well, when you have higher demand and lower supply, you get higher prices. The market response here is that more generators are seeking to connect to that P J M system. The PJM system -- and I don't want to throw too many numbers at everybody -- but it's about 190 ,000 megawatts, that's the maximum generating capacity of that system. There are currently 342 ,000 megawatts of new capacity being proposed for that system, so like most markets, the supply follows the demand. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:12PM 08:12PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 69 We now see more demand; it will take a little bit of time, but we do expect to see this new supply coming online and a moderation of prices, and on top of that, PJM, as well as FERC and State of Illinois have all taken a series of steps to either freeze or mitigate prices between now and 2030. So I 'm not saying that that's a total solution, but this is how the market operates, and this is -- the market in which we live is PJM, and while it's not perfect, it's what we have to live with. Have had some folks ask, and so we looked, as a ComEd customer, this data center will be paying a fee every month under what's called Rider REA. REA collects fees that ComEd then uses to purchase renewable energy for its ComEd customers. It's set a t a rate, everybody pays this, everybody pays the same rate, so as a large user over the 30 years of operations of this plant, this plant will pay over $647 million towards renewable energy purchases by Commonwealth Edison. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:13PM 08:14PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 70 When we turn that into, okay, well what does that really mean. That means that is approximately 1 ,000 megawatts of new solar generation in Illinois. A typical home is about five kilowatts of maximum demand, so it will contribute to the renewable energy development in Illinois. Next slide, please. On a similar basis, Rider EEPP collects fees from all customers to support ComEd's energy efficiency programs. This -- based on today's rates -- and they can go up, but we just went with today's rates, this data center will pay in about $621 million into those energy efficiency funds, which pay for rebates for a lot of energy efficiency products that are used in individual homes, so we ran the numbers and a typical incentive paid by ComEd for a residential heat pump is about $2 ,000 today, so you run these numbers over the 30 years, the revenue from this -- from this one facility would generate sufficient revenue to support about 300,000 residential heat pumps in northern Illinois. Next slide. And, lastly, we think about the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:14PM 08:15PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 71 energy transition in Illinois, that's kind of big policy talk and I 'm not going to bore you with the details, you can go to Springfield and learn about all those things, but there is another fee that is ETAC, Rider ETAC, which is the energy transition charge, and this is what pays for job training for young people who are seeking apprenticeships to get into the renewable energy field, solar, battery, data management, all kinds of education for younger workers. Under Rider ETAC, this data center will throw off or make payment of about $108 million over 30 years, which based on the cost of approximately $10,000 per pre-apprenticeship training, will pay for about 10,000 pre-apprenticeship trainings in the state of Illinois. So yes, this data center, like all data centers, is a large energy user, but just in -- I 'm sorry, one more slide I think. So as a large energy user, based on how the grid operates, this -- it's -- deployment of this asset has been approved by Commonwealth Edison and PJM from a reliability standpoint, which is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:16PM 08:16PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 72 their highest obligation, so based on their expertise, there should be no problem on the reliability side. On the cost side, all the costs for interconnecting the asset to the transmission system, as well as the ongoing cost of delivering electricity to the data center, are all based in tariff and they are all fully burdened and fully held by the data center. There is no cross-subsidization with other consumers. And then on the sustainability side, you just went through the past few sides, so you see that there is contributions there. So thank you very much for your time. CHAIRMAN VINYARD: Thank you. Next? AARON GRUEN, having been first duly sworn, testified before the Planning and Zoning Commission as follows: MR. GRUEN: My name is Aaron Gruen, I 've been a principal at Gruen Gruen + Associates for 35 years. If you can't sleep after this hearing tonight, you can go to our website and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:17PM 08:17PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 73 you can read all about primaries on economic and fiscal impact analysis. Russ told me not to give you one today. CHAIRMAN VINYARD: Thank you. MR. GRUEN: This is a summary of the estimated total property and utility taxes that are expected to be generated. It works out to about five percent of the total tax revenues attributable to property taxes, 95 percent attributable to utility tax. The property tax estimate's based on a valuation of about $325 per foot, well below development costs and within the range of assessed -- assessed values for other contemporary data center facilities. That also works out to about a 201 million equalized assessed valuation. You can go to the next slide. This is a summary of the taxing entities that would receive the estimated property tax revenue, and it is proposed about $15,744,000. I won't go through the calculations, but essentially this is the -- how we got to the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:18PM 08:18PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 74 annual tax revenue from the electric tax, it works out to about 2 ,161,000 per building for seven buildings. There is a smaller building that would be 1 ,082,000 electric tax. So those are the two sources of fiscal benefit. We will now fly through the economic benefit. I just -- would just point out that the jobs are total, they include the on-site jobs, you have technicians, IT support, management, security, maintenance and so on, but also indirect and induced jobs. These are the jobs that occur because of the standing on various services by the tenants and the business, and when workers get paid, they go to the barber, they go to the hair salon, gas station and so on, so it's counting all sorts of jobs, not just the jobs on site. The average income per job's estimated at 130,000, and this is based on -- the Bureau of Economic Analysis has something called a RIMS multiplier, as well as review of past projects. And then there is one more I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:19PM 08:20PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 75 believe, and this just summarizes the jobs during the construction process; obviously when the construction process is done, there won't be any more of those jobs. Thank you. CHAIRMAN VINYARD: Thank you. ANDREW LINES, having been first duly sworn, testified before the Planning and Zoning Commission as follows: MR. LINES: Hi. Good evening. I am awake. Andrew Lines. I am your commercial real estate appraiser. Started my career here in Illinois, been practicing for almost 25 years, it's getting pretty close. You can tell by the gray hairs on my chin. I am a partner with CohnReznick, which is a national accounting firm. I run our real estate valuation department, which is about 30 professionals strong. We appraise everything from little homes to the Sears Tower and everything in between. One of my specialties is performing impact studies. Russell mentioned earlier that I 've have done some work on solar arrays, but I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:20PM 08:21PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 76 have also tested landfills and quarries, truck terminals, and that comes from a very specific methodology that we are taught as appraisers, and so I 'll take you a little bit through what I have done. Obviously I am licensed here in Illinois and I 'm licensed in a few other states. So we did three things when we do this kind of methodology, one is we try to see what other people have said, so we canvassed the internet and AI and appraisal journals to see if anyone had done any statistical analysis on data centers, and I 'll go over that in a second. The second is we conducted our own studies to determine whether or not we could see any measurable and consistent evidence, which is what the Appraisal Institute tells us we have to see. We have to see it over and over and over again to establish a trend. And third we make calls to individuals who would be familiar with transactions, and so we do that for all of these kind of impact studies. So there is only one actual statistical data center study out there and it's 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:21PM 08:22PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 77 in northern Virginia. Two PhDs from George Mason University put this together, and obviously northern Virginia is a hotbed of data center development and so there is a lot of information to study there. So using Multiple Listing Service they extracted thousands of sales and compared these sales for homes that were closest to the data centers and compared them with ones that were further away, and what they found is that the prices of these homes tend to go down the farther they got away from data centers. Now, they surmise that a lot of that has to do with the infrastructure that was put in around the data centers, which makes a lot of sense, we all like good fiber and strong internet, so it could be that some of those property owners are paying a premium to be closer to those areas. They are also well built out with other commercial activities. But this particular study does not suggest there is any negative externalities associated with the data centers being right there. Obviously if this is a hotbed of data 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:22PM 08:23PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 78 center development, this is probably where we might see that. There is another white paper out there that also looks at northern Virginia. It looked at 1 30 zip codes. It's just a white paper, it hasn't been peer reviewed, but it is out there. You can find it on the internet. It also surmises that there is no negative impact. Next slide. So what we did is we tried to find other data centers that are existing, and obviously we didn't want to look at Elk Grove Village or downtown Chicago, so we were able to find two Google campuses and one large Microsoft campus that we thought were very representative. The first one is in Council Bluffs, which is about 20 miles from Omaha, right over the border, it's in a growing suburb, and it's an extremely large data center. It's three million square feet. It's almost double what's proposed here. And in the corner where you see that red box there was a nice home. It was developed in 2015, actually pretty similar to the time that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:23PM 08:24PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 79 the data center was initially opened, the very first phase. It sold for $614,000 then, and then ten years later in 2025, after the second phase had opened, it sold again for $1 .6 million. We spoke with the broker for that particular house and he noted that the buyers were not concerned with being directly adjacent to this extremely large data center, and the details of that are in my study and memo that you all have. The second is another Google facility. This is in Lancaster, Ohio, it's about 20 miles southeast of Columbus. It's a -- it's a n Exurb that's in the path of development, I think you guys would consider yourselves a little bit the same, and so we looked at homes that sold within about a mile of the facility and then compared them with homes that were extended out from one to three miles, so you can see kind of the picture there, and so we looked at those sales. We divide them into groups based on the kind of home they are, so we compare 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:24PM 08:25PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 80 one stories with other one stories, two stories with other two stories and so on, so we separate them in groups, and we did the same thing for the third study, which is in Boone, Iowa, which is about ten miles on the southwest side of Des Moines. Again we looked at homes that were within a mile of that one and compared them to a few subdivisions that were north about three and a half miles, and we talked to brokers to make sure that the subdivisions were relatively equivalent. We don't adjust any of the data, so we're looking at factual sales. We may adjust them slightly for the date of sale, so it's as if they all transpired on the same date, but we don't make any other adjustments, so we're just looking at their prices per square foot and judging the medians. What we found, we had seven groups total, is that the groups range from positive five and a half percent to negative three percent difference between the target and control groups, so not enough for us to say that there is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:25PM 08:26PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 81 absolutely a deterrent for living next to a data center whatsoever. You can go to the next slide. So it was a very nominal variance of property values on a per-square-foot basis for homes that were immediately adjacent to the data center. We also studied rates of appreciation, so remember the first home that had sold and sold again, we were able to track those rates of appreciation and compare them to control groups and then also to the FHFA Home Price Index, which measures it by zip code. And so we found for all the target homes that we found that were within a mile of the data centers that their appreciation rates over time were equal to or higher than the F H F A index and also control groups. So no substantial difference in unit sale prices or conditions of sale or basic overall marketability, and we have confirmed these with brokers who are part of these transactions, including the $1 .6 million property that I mentioned, who received multiple offers. Not a concern for buyers. They said that, the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:26PM 08:27PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 82 sellers, that Google was a good neighbor, and that there was no perceptible noise from the data center, and they were less than 2500 linear feet away from the data center itself. So again, based on the only published study that's out there and based on the work that we've done, my experience with data centers over time, I have appraised these over the last 20 years and based on what the changes are and the proposed, where they're lowering the building heights, and they've done a really effective job it looks like of screening and noise attenuance, I can't determine that there is going to be any impact on some surrounding homes of this particular community. Thank you very much. CHAIRMAN VINYARD: Thank you. Thank you for the 488-page packet I received this month. It was some great reading. MR. WHITAKER: Yeah. So, like I said, we tried to be very comprehensive. CHAIRMAN VINYARD: Thank you. MR. WHITAKER: We wanted to make sure we were sensitive to issues that we're hearing as 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:27PM 08:28PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 83 professionals in the market, not just in Yorkville, but broader. We tried to do that with these studies, with high-level overview of the studies. There is obviously a lot more detail we could get into, there is a lot more detail in the studies, so following public comment if there is additional questions, we're obviously here and happy to answer. Thank you for your time. CHAIRMAN VINYARD: Thank you so much. Would you like your responses included recorded? MS. NOBLE: Your standards. CHAIRMAN VINYARD: Standards. MR. WHITAKER: Yes, please. CHAIRMAN VINYARD: I think you said that once before, but I just wanted to make sure. Okay. Is there anyone present who wishes to speak in favor or opposition of the request? This is your only time to talk if anybody has anything. CHUCK KASPER, having been first duly sworn, testified before 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:28PM 08:29PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 84 the Planning and Zoning Commission as follows: MR. KASPER: Good evening. My name is Chuck Kasper. I live in Legacy Estates. By the way, Mr. Pruitt, your slide, sustainability is spelled wrong. MR. PRUITT: Thank you. MR. KASPER: So it's sustainability. Couple questions, the tract of study projects that the westbound left-turn lane that Mr. I think it was Iglesias spoke about at the site's main access drive on Eldamain will operate at a level of service F . So like school, A -B -C . Green was C , but in this case there is an E . F is red. CHAIRMAN VINYARD: Yeah, we have it. MR. KASPER: Okay. CHAIRMAN VINYARD: Yeah, I have it. MR. KASPER: All right. So trying to figure that out, with delays of 99-plus seconds in the evening peak hour at full build-out. How is a failing level of service F acceptable and what is being done to fix it rather than explain it? CHAIRMAN VINYARD: Would you like to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:29PM 08:30PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 85 address that now? MR. WHITAKER: Do we -- MS. NOBLE: Yes. There is a microphone right there. Make sure it's turned on. MR. WHITAKER: So do we want to do them individually or do we want -- like if there is a bunch of questions ? CHAIRMAN VINYARD: He's got the question, you go ahead and just answer it. MR. KASPER: And I appreciate that. CHAIRMAN VINYARD: Yep, absolutely. MR. MILAN: So, yes, there is a level service F for that left-turn movement. That is actually very typical of the signalizing processes when you have a minor road intersecting a major road like Eldamain. So besides the level of service and the delay -- and I need to explain something in the delay. He is correct in everything that he is talking about, the seconds of delay and so forth, but the unfortunate thing is the analysis does not take into account the gaps that are in the through-traffic stream that are created by the signals to the north and the south. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:30PM 08:31PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 86 It also does not take into account that the provision of the left-turn lane that I talked about going south creates that pocket -- sorry, I 'm getting out of the microphone -- creates that pocket in the middle that allows vehicles to actually make a two-part left turn. When you have that in the middle, you can -- if you have the chance of doing it, you can do it. The analysis analyzes the worst case condition assuming that everybody needs to make the turn in just one swooping maneuver, so that's why you're getting that. Besides the level of service and the delay, there is also the queues and the V over C . Queues is how many vehicles are qeued, you know, actually waiting to make the left. So the 95th percentile queue is six vehicles, so it's not going to impact internal circulation of the site. Also, the V over C , which is the volume to capacity ratio, is less than one. What do I mean by that? You don't want to have something over one because if it's over one, you 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:31PM 08:32PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 87 are over capacity. You want to be below that. So there is more than only one -- one item to look at in the capacity analysis, and you are correct, it's an F , we just disclosed it, nobody is hiding that, but there is a reason behind that. MR. KASPER: Okay. Thank you. The study also analyzes the operational traffic at build-out where the analysis of the -- where is the analysis of the construction period truck traffic, so, for example, when you are bringing in concrete, steel, equipment deliveries, over the multi-year build, which often are far heavier than day-to-day operations. And I heard precast walls earlier, and pretty sure those are wide loads, so -- MR. MILAN: Typical of traffic studies. Again, we have the base existing, no build, and then, like I mentioned, the future traffic volumes. When construction is going on, I know what you're saying, normally I would venture to say that maybe I disagree that during construction I think it's less traffic than what 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:32PM 08:33PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 88 this facility would actually generate during full -- full-f ledged operations. The turning movements like I mentioned are going to be accommodated by the turning lanes that I mentioned. In the southbound direction, which is probably the most difficult, you have a left-turn movement trying to cross two lanes of traffic going in. Even if the left-turn lane is not built/striped during construction, it is a striped median, so it can be used to actually make the left without impacting the through-traffic volume. Northbound is a right-turn movement. Typically -- you guys are doing construction right now, is that correct, so -- so it's been under construction right now, and to the best of my knowledge -- and the City can actually testify on this -- I don't think it's been problematic, you know, and, again, it's going to be done in phases, so it's not all in one sitting. MR. KASPER: Okay. The study evaluates the project in isolation just for the year 203 1 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:33PM 08:34PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 89 Where is the cumulative traffic analysis combining the campuses of Project Cardinal, Steel and the other data centers that will use the same Eldamain Road corridor? MR. MILAN: Okay. Like I mentioned, we don't analyze in a vacuum, so we asked for growth factors from the Chicago Metropolitan Agency for Planning. That's the standard and that's the requirements by the State of Illinois and the county. So that is taking into account things that are going to happen that we might not be aware of, you know, in terms of traffic, and then we add the traffic volume, so, again, we are not analyzing like you said just -- and I said, we don't analyze in a vacuum. And not just us, it's just the state and the county will not allow you to do that. It would be very easy to say I have existing or I 'm just adding the data center and call it a day. That's not right. There's going to be growth in the area, there's going to be other developments that we are not aware of, so. MR. KASPER: Okay. And, Mr. Vinyard, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:34PM 08:35PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 90 something to think about. CHAIRMAN VINYARD: Yes, sir. MR. KASPER: And then, finally, traffic counts were taken on a single day, and that was March 3 rd of 2026, at one intersection back in -- single day at one intersection back on October 23rd. Is the single day adequate basis to approve a project of this scale? MR. MILAN: Traffic counts by the guidelines, again, of the state, the Department of Transportation engineers and so forth, you want to collect data on a regular day. And let me explain what I mean by that. Normally you want to count either on a Tuesday, Wednesday or Thursday. Why not Monday and Friday? Because many people either take a day off for a long weekend or are sick. And you know what I mean by that. So Monday and Fridays the traffic tends to be a little bit lower for the most part or a little bit higher if it's somebody that is going on vacation, but Tuesdays, Wednesdays and Thursdays are the typical traffic volumes that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:35PM 08:36PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 91 you see. One day is all that is required. You need to count the morning period, like I said, and we did 6 :00 a .m . to 9 :00 a .m . and the 3 :00 p .m . to 6 :00 p .m . We counted on March 3 rd four intersections, you know, Veteran's Parkway, Eldamain Road, Eldamain Road and Faxon, Eldamain Road with Menards Distribution Center access drive, and Eldamain Road with Galena. We also looked at the previous counts that were done, Eldamain Road and Corneils Road and the intersection of Beecher and Corneils. Those were done -- One was done in '23, the other was done in '25, and we applied the real factor that CMAT provided us to actually bring it up to 2026. So all of this is following the industry standards on what the State of Illinois and the counties require. MR. KASPER: Okay. And March 3 rd for the record was -- MR. MILAN: Yes, March 3 rd, correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:36PM 08:37PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 92 MR. KASPER: Was a Tuesday, so, okay. Thank you. CHAIRMAN VINYARD: Thank you. MR. KASPER: Thank you for your time. MS. NOBLE: Do you want me to -- CHAIRMAN VINYARD: Yeah, you can go ahead if you want to. Hold up one second, sir. MS. NOBLE: Sure. I was just going to add additional comments from staff's review. As the petitioner mentioned that they are accepting the regulations that the City has adopted for energy industrial uses such as data centers, and as part of that they are required to submit a traffic management plan which would provide information as far as communication strategies, on-site point of contact during construction, and pathways that they will be using during construction, which has to be reviewed by the City engineer as well as the police department, so that would be part of their building permit approval, so we will take into consideration construction traffic. Also, the City completed a comprehensive traffic study for all the data 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:37PM 08:38PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 93 centers, including Steel, Cardinal and CyrusOne, and they presented it at a City Council meeting in March. That presentation found that there should not be any detrimental impacts to traffic in the area, and it's up on our website, and I can provide that link for anyone who wants that information. MR. KASPER: Thank you. CHAIRMAN VINYARD: You may speak. JOSE, having been first duly sworn, testified before the Planning and Zoning Commission as follows: JOSE: Good evening. My name is Jose, I live in Yorkville, literally if you go down, you are already there. My question is they said actually that they have to follow federal guidelines. Is that FedRAMP compliance as well, this, or anything like that? MS. COTTRELL: Is that related to -- JOSE: To the build site, yeah. To the site, yeah, because if I 'm seeking -- according to FedRAMP, data centers have to follow FedRAMP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:38PM 08:39PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 94 guidelines. I never -- I did not see anything about FedRAMP on there. MS. COTTRELL: I 'm not familiar with that name. JOSE: Really. Because data centers have to follow FedRAMP compliance actually. I know the one in Aurora has to follow it as well, the one in Franklin Park, too, has to follow FedRAMP compliance. FedRAMP, which means actually, God forbid, anything happens, how -- data centers are secure. Got forbid anybody breaks into a data center, it has to be FedRAMP compliance. MS. COTTRELL: That may be something that's not related to Cardinal, that's -- JOSE: You can look it up actually. MR. WHITAKER: So is it a security protocol, is that what you're -- JOSE: Yeah. You guys said actually that CyrusOne will have to stay with security, right, that includes cameras, security guards, 24-hour security guards, fences, right? That's under FedRAMP compliance, but I did not see anything about FedRAMP compliance, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:39PM 08:40PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 95 that you guys are following FedRAMP compliance. MR. WHITAKER: Well, you know, we don't have -- so we've got a whole host of people here today, we do not have somebody on operations or security. We'll be happy to look into that and we'll provide some follow-up documentation to City staff on it, but I think that's -- JOSE: Because if it's not FedRAMP compliance, then it cannot pass the audit. MR. WHITAKER: We will follow up on the question. JOSE: So that's something that you should keep in mind. Also, the power, the power grid. I don't know if you guys know that ComEd is going to raise the bill 30 percent high. How is that saving energy with data centers, because you guys took one -- it's a single floor instead of dual floor. According to ComEd, how ComEd said -- and it's public knowledge, it's going to raise 30 percent everybody's bill, even the -- what was it P -- P -- what's it called again? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:40PM 08:41PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 96 UNIDENTIFIED AUDIENCE MEMBER: PJM. JOSE: Thank you. So I am wondering how is that energy -- let me see, how can I rephrase that question? How is that saving any energy if ComEd is going to raise our bills? According to ComEd also, ComEd, when Elon Musk tried to come here, I forget, 2000-and-someething, ComEd even said we don't have the power for you guys. Joliet, data center, all these data centers are stopping because there isn't enough power in the grid, and it's a well-known fact. MR. PRUITT: If you say it's a fact, then that's -- JOSE: It's on the internet. MR. PRUITT: Ironic, yeah, I know. JOSE: So often you say that, again -- MR. PRUITT: Well, you're giving me a whole salad bowl of things. Let's take them one at a time. JOSE: Sure. MR. PRUITT: I haven't seen any regulatory authorization for ComEd to raise their rates. They have to have their rates increase 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:41PM 08:42PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 97 approved by the Illinois Commerce Commission. That's how it works. The ComEd rate, I don't know which rate you're speaking to, there is the energy supply rate, which is set largely based on PJM market functions, there are PJM distribution and delivery rates, which are based on the multi-year grid plan, then there are taxes and fees that are collected from every consumer. So, you know, I 'm happy to dig in and find out which of those buckets the 30 percent belongs to, but, again, I haven't seen an authorization from the Commerce Commission on that, but I 'd be happy to look. JOSE: This just happened in 2026 actually, the reason being is because of A I , that's why. That's why the power is going up, because of A I . The one in Texas, the big megawatt A I , stopped because there isn't enough power to power that thing up. MR. PRUITT: I can -- JOSE: So, again, ComEd has raised the bill. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:42PM 08:43PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 98 MR. PRUITT: That's a -- that's an assertion and I respect that you have that opinion, but for this case, for this data center, PJM and ComEd have both identified that there is, (A ) sufficient power in the overall wholesale market to meet this additional demand, as well as the demand of all other consumers in PJM, and it could do so reliably. JOSE: Is there a -- Can anybody receive that data actually or see that data by any chance? MR. PRUITT: These are I believe documented through your transmission services agreements between the data center and Commonwealth Edison. JOSE: Will this be public knowledge, in other words? MR. WHITAKER: I think we're making it public knowledge here that we've got an allocation of power through ComEd and PJM, and there is evidence that we have submitted in writing stating that as fact. JOSE: So I guess -- again, I respect you guys' profession, but as a person who does a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:44PM 08:44PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 99 lot of research and works in the field of data centers, it's not true. I 'm sorry. The reason being is because AI is taking a lot of power, power that we don't have. There is a document out there written -- I don't know what's it called, I do apologize, but it states that these blackouts have been happening because of A I , all these data centers . The one in Joliet has stopped, Iowa, Ohio. Ohio doesn't want any more data centers. Power. No other resources. So again, I love technology, don't get me wrong, I love A I , I love technology, but there is no power, no resources, I 'm sorry, unless -- unless -- excuse me, excuse me. Even Google said the same thing, they just want to purchase a nuclear power plant. MR. WHITAKER: So just to be clear -- JOSE: That's power, though. MR. WHITAKER: Whether somebody wants a new data center I think is irrelevant for purposes of discussion today because this is a data center that is under construction, it was approved in 2024, we have been in the pipeline, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:45PM 08:45PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 100 we have received power allocation, so with all due respect, what anybody wants on a move-forward basis is really irrelevant to the application that's before the Commission. JOSE: But the future project, like Project Cardinal basically, where is the power to come from? I get what you're saying, it's being built good, but how you said future projects, that's what, eight buildings, two generators, 16 generators in total? Power. MR. WHITAKER: We don't have future projects here, we have projects that have already been approved. JOSE: So where is the power coming from, the actual power? It's not answering the question. Where? MR. PRUITT: Well, the power that is consumed in northern Illinois is from power plants, about 1400 power plants, that are connected to the PJM transmission system. PJM is responsible for the planning, of ensuring that there is sufficient supply to meet maximum demand plus a reserve margin. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:46PM 08:47PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 101 The number of power plants and their generating capabilities are, again, managed by independent power producers, but they are under the management of PJM, which operates under a federal charter from the Federal Energy Regulatory Commission. It's their job to ensure that there is sufficient capacity to meet current and forward capacity requirements. JOSE: Okay. So God forbid, right, we get a higher bill in our electricity. Who should we go to for that? Because it is going to happen. I 've seen it, people have experienced it. It's public knowledge. I hope there is a backup plan for that. Thank you. Just keep that in mind, please. MS. NOBLE: I have a response. CHAIRMAN VINYARD: Oh, she has a response for security. Sorry. MS. NOBLE: That's okay. Again, one of the standards for the City is that the developer has to establish an emergency operation plan which includes security, so that plan will be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:47PM 08:48PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 102 submitted and approved by the City and the Bristol-Kendall Fire Protection District prior to issuance of any building permit, and it must include procedures for fire suppression, hazardous material spill, evacuation, communication in case of an incident, the location of any battery storage systems, training sessions, drills and walk-throughs with the fire and police shall be required prior to occupancy permit, and then they need to provide designated contacts for emergency services and a plan to broadcast information of an incident, be it chemical or any type of incident, that could affect the public safety. They also have to work with KenCom on emergency and security matters to be part of a text or siren alert system. So that's what we are doing on the local level. CHAIRMAN VINYARD: Okay. Thank you. Next person, please. CAROLINE McCREE, having been first duly sworn, testified before the Planning and Zoning Commission as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:48PM 08:49PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 103 MS. McCREE: Hi. I am Caroline McCree and I am a homeowner in Yorkville. I just have a few questions, mostly having to do with the construction of the site specifically. This amendment increases site coverage from about 28 percent to about 50 percent, nearly doubling the built area. How does that affect the stormwater run-off and flooding risk for neighbors, and has the new basin design been fully engineered and approved? MR. TROSTLE: The increased areas will be taken into consideration for the stormwater detention basins. If you look at that one site plan, the basin i n the south has gotten considerably larger, and each phase will be engineered and submitted to the City and reviewed by their engineering consultant. MS. McCREE: Have you had an engineer review that yourselves before it goes to the City? MR. TROSTLE: Yes. MS. McCREE: Okay, just making sure. Thank you. What deviations from the City's 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:49PM 08:50PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 104 Unified Development Ordinance is the developer requesting, setbacks, screening, landscaping, appearance standards and others, and why should the Commission grant exceptions if it is giving exceptions to its rules? MR. WHITAKER: We are not seeking new deviations. MS. McCREE: Okay. Thank you. Will there be other additional public hearings and opportunities for residents to comment about this before the construction fully begins? I know part of it has already started. Is there going to be another hearing? MS. NOBLE: So this will advance to City Council and there is an opportunity for public comment at that meeting as well. MS. McCREE: Okay. Thank you. MARK MARTIN, having been first duly sworn, testified before the Planning and Zoning Commission as follows: MR. MARTIN: Mark Martin, I live in Yorkville, homeowner. So the noise study's own appendix projects daytime noise at several homes at or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:51PM 08:51PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 105 above 6 0 decibels, which is the residential limit. For example, about 7 0 decibels at homes on Faxon, 6 5 to 66 homes on Beecher, Corneils and McMurtry. How can the study conclude compliance at all receivers when its own data shows it's over the limit? MR. IGLESIAS: All right. Good evening. Mark, right? MR. MARTIN: Yes. MR. IGLESIAS: Thank you for your question. So I believe you are referring to -- Can I borrow your slides, just see what page it's on? Thank you. What number is that, 45? Could you go to 45, please? MS. NOBLE: Oh. MR. IGLESIAS: Are you referring to this, to these values? These are the results that we concluded from our noise study and so, as I explained earlier to the board, the Yorkville code requires compliance wherever the Yorkville jurisdiction -- the City of Yorkville has jurisdiction, and so we just wanted to demonstrate exactly where the Yorkville code 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:52PM 08:53PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 106 compliance is required, and these locations, with the Yorkville limits, such as R 1 , R 5 , 6 , 7 , 9 and 10, are all residences that lie within the Yorkville -- that fall under the Yorkville jurisdiction. So further from that, all of the state of Illinois is required to comply with the Illinois Pollution Control Board's requirements, which are much more stringent. As you see in R 3 , the noise level limit is 6 9 , right? However, there is no residence there and there is no residence that falls under the Yorkville requirements. And the IPCB requirements, if you go back to -- sorry, way too many slides. 4 2 , please. So in the Yorkville -- sorry. In the IPCB requirements, there are these three categories, a land class classified as Class C emitting noise to Class A , and same thing for classified as B emitting to A , classified as A emitting to A . Land that is classified as Class A are residences and land that is classified as Class C are I believe industrial or some other 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:54PM 08:55PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 107 sort -- they're not residences at least, and there are no requirements for that, and so if, as you saw on the R 3 , it was at 6 9 dBA during the daytime, right? There is no requirement to -- emitting noise to that land because there is no residence there. So it is important for you and everyone in the community to understand that the City of Yorkville as well as the State of Illinois, when they put these requirements in place, they are to ensure community compatibility, right, and so these requirements ensure that residences, right, any -- any noise being emitted to Class A , is -- the development is compatible with the community on behalf of these maximum noise limits. MR. MARTIN: Thank you. So the study treats some of those homes as not entitled to noise protection because they are outside the city or on agricultural land. Why should families living in those homes hear 60 to 70 decibels, you know, continuous data center? MR. IGLESIAS: Yeah, yeah. Of course. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:56PM 08:56PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 108 So all of the state of Illinois falls under the IPCB requirements, and I will give you an example, that if there is a home in a rural area, it is treated as a Class A requirement, and we are compliant at all -- we are projected to be compliant at all Class A required homes. That is -- It is incorrect to assume that just because it's a farmland it is not treated as a Class A land, as long as there is a residence in that property. I believe there could exist land, farmland, that does not have a residence in there, but that falls under Class C land. MR. MARTIN: So the study confirms the City asked the consultants to evaluate cumulative noise from the three other planned data centers. What did that cumulative -- MS. NOBLE: Yeah, I have a hard time. Cumulative. MR. MARTIN: -- cumulative, cumulative analysis show? MR. IGLESIAS: Right -- sorry. So actually we were asked by Soundscape, the City's -- the City of Yorkville's noise 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:57PM 08:58PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 109 consultant, to provide data on what our noise projections are because they were going to conduct the cumulative study, and they were -- they needed to verify our study, and they recently -- we recently received confirmation that they approve and they confirm our study and they will use the study to perform the cumulative study of any other developments that are either in place or projected to be in place, so that was -- that was not part of our scope. And if you go, oh boy, to table 47 -- I mean, page slide 47 and 4 6 , yeah, those two, those are the points that the City requested -- the City's noise consultant requested us to provide so that they can provide -- or they can perform an adequate study. MR. MARTIN: Okay. Good. Thank you. MR. IGLESIAS: Thank you. MS. NOBLE: We do have our noise consultant online that can answer some of your questions that you asked. Her name is Aimee Lalime. Aimee, are you there? It's not -- sorry, her sound is not coming -- one second, Aimee. Your sound is not coming through . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 08:59PM 08:59PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 110 Aimee, can you respond yet? Can't hear you. Hold on. Let's try again. Your computer volume, your speaker. Thank you. Aimee, would you like to try again? MS. LALIME: Sure. MS. NOBLE: Ah, there we go. MS. LALIME: Can you hear me now? MS. NOBLE: Yes. Thank you. AIMEE LALIME, having been duly sworn, testified before the Planning and Zoning Commission as follows: MS. LALIME: Hi, everyone. I am Aimee Lalime, I am with Soundscape Engineering. I have about, you know, twenty -- 23 years of experience with acoustics and vibration, and we are the City's acoustic consultant. I just wanted to chime in here that the developer's consultant is correct that the applicable limits have been applied at the appropriate land uses. So there was a statement about, you know, a home not having the right limits applied maybe because it was on agricultural land. The way that IPCB works is that it's not by land 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:00PM 09:01PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 111 zoning, it's by land use, so if there is a residence on a property currently, they treated it as a residence and applied the residential criteria. If you flip back to the slide that shows -- yes, this one. Actually maybe it's previous. I wanted to look at the IPCB limits. Yes, here. The consultant initially applied Class C to Class A limits, but according to our reading of IPCB we think that Class B land is the correct class for a data center, and so we are -- we are requiring that these limits be met, and you will see some of the levels appear high, you know, 63 hertz, 7 1 decibels as a limit, throughout the whole state of Illinois during the daytime. That -- your ears are not good at hearing the sound at 63 hertz, that's why the level is high, but the overall dBA limit is 55 daytime, 44 nighttime. Their study currently shows -- and this is all tentative because equipment has not been actually selected, but they have used 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:01PM 09:02PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 112 representative noise levels that are consistent with the types of equipment that we see for these types of facilities, and their analysis has shown that it is feasible for them to meet the limit with the planned site layout. MR. MARTIN: Okay. Thank you. CHAIRMAN VINYARD: Thank you. MR. JOAN McARTHUR, having been first duly sworn, testified before the Planning and Zoning Commission as follows: DR. McARTHUR: Good evening. I am Dr. Joan MacArthur. I live on Corneils Road and I am a resident of Plano, not Yorkville, but these data centers are coming up to us, so I have a couple questions I would like to ask. What on the noise? I am a veterinarian, I have animals, I have a clinic. What -- Can you tell me the frequency that these animals get upset at? I bet you can't . Can you give me some data for that, for the animals? Because as of now the A V M A doesn't have a paper on that. That's going to ruin my business, it's going to ruin all the animals there. I train racehorses there, they get very, very sensitive 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:02PM 09:03PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 113 to the vibrations and different noises, as all the animals around. Someone said we didn't have any big wildlife. We've got bald eagles. We've got lots of wildlife. And everybody else's dogs? When you get these data centers in with these different frequencies, you're going to watch your dogs going a little nuts, folks, and your cats will be coming off the roof because nobody has taken the time because data centers are new, you -- but people thought smoking was okay, too, and look what happened, it killed them. Can't we slow down and get the studies, find things out and try to be a good neighbor? You are all very lovely people, but you don't have a horse in this race. We do. We live here. My business is here. And around me there are three equestrian centers that people make their living from, and there are two kennels, plus my veterinary business. Nobody has ever addressed the noise frequencies. The other thing is, how about the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:03PM 09:04PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 114 water? I am on a well. All these data centers go up, and if you look at what's going on around the country, you're taking our water. How am I supposed to run or people supposed to run businesses with no water? Don't tell me to go to get city water because you'll put us all out of business. No. And why should we have to pay more money for electric because somebody is putting up a data center? Sorry, folks, we live here. This is us. We are a county. And it affects all of us. And as I said, I 'm in Plano, I butt up to Yorkville, but what's it going to do for me? No, it's going to create more noise, take my water, shut things up. And I will tell you someone said on Corneils Road -- folks, don't even think about that. I live on Corneils. Corneils, when Menards went in, was supposed to be -- not have any traffic, but the GPS sends everybody there. We have semis going over there, we have semis ready to break a bridge, we've told Yorkville police, we've told Yorkville, they go 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:05PM 09:05PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 115 yeah, yeah, there isn't anything we can do, we can't do anything. People are going to do it. That road won't hold up. And until people -- I just want to put that in because it's not going there, folks, and for someone -- I 'm on a 6 0 -acre farm, I 've been there for 40 years, put heart, work, sweat in there, and what happens. I have people coming in going, yeah, this data center is good. I bet they are, but slow it down, people, because you don't know what you're doing to people with -- even with people that drone. Have you ever sat there? And I would propose to all of you, sit right next -- live right next to your data centers for over a year. Don't go away. See what that does to your brain because you have the drone, the drone, the drone, the drone. And don't tell me it's okay. It's not. You watch an animal that's being droned, they lose it. People are no different. The water, going to come and just take water? Don't tell me they aren't taking it, they're putting a water tower up by me, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:06PM 09:06PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 116 everybody said the lettuce plant over on Corneils, it's okay. It's lit up about like the aurora borealis every night. So, I mean, folks, I know we have to all agree on certain things, but we need to agree on a grassroots, slow this down until we see what the deleterious effects are. We don't know. And I would hate for someone in 30 years, go out, have their grandkid come up to me and go -- come up to you and go grandpa, why do I have this big bone cancer on me? Maybe we don't know what sound does. Sound can be healing and sound can be detrimental. Who are you going to ask? But all I 'm saying is we have got to slow this down because Yorkville is really big on just jamming stuff down everybody's throat because they see dollars. I look at it and I don't see dollars, I see quality of life, and let's plan something and see how one data center -- if this data center is under construction, see how this goes. See what happens first. Get a plan out. Because statistics -- I hate to tell 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:07PM 09:07PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 117 you, folks, I can come up with statistics, too, that will make everything look wonderful. I could make a toxic drug look great if I use the right statistics. No, not going to do that. And it's like the grid. I don't want to pay more for electric because of a data center. Uh-uh. If data centers -- if they want to put electric, let them put the money into the electric. Let them pay for it first. I don't get anything from Yorkville. Yorkville -- the City Council goes oh, but you're going to get all this -- you're going to get all this money. Not going to help me, it's not going to help the county, it helps Yorkville, and you get enough data centers here, nobody is going to come here, not with the noise and the pollution. And you say well, we're going to do -- you'd have to put a 20-foot wall all the way around your data centers to keep that noise, plus you're still going to get that frequency. So, folks, I 'm sorry, you're all nice people, but you're giving us a bunch of snake oil that we can't prove right now because we don't have 10 years, 15 years' worth of data. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:08PM 09:08PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 118 So that's all I have to say. Thank you. CHAIRMAN VINYARD: Thank you. (Applause.) LEESA POSS, having been first duly sworn, testified before the Planning and Zoning Commission as follows: MS. POSS: Hi. My name is Leesa Poss. I have a question on who paid for and commissioned the Gruen & Gruen and Power Bureau studies? MR. WHITAKER: The applicant. MS. POSS: The applicant, okay. So I just want to make a couple notes about the Corneils Road, we talk about that a lot, and it's my understanding through Project Steel Beecher Road is going to be reconstructed, so is that what you guys are studying, the reconstructed part of Beecher Road, or is it the existing Beecher Road? MR. WHITAKER: So we are discussing improvements to Beecher Road with the City and have been working through what improvements would be required to Beecher Road and Corneils Road. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:09PM 09:09PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 119 MS. POSS: So Beecher Road is set to have a big roundabout on it by Beecher and Corneils. Is that a part of your plan or is that Project Steel's plan? MS. NOBLE: That would be Project Steel's plan. MS. POSS: Okay. Okay. I just wanted to make sure. Thank you. And the other question I have that I was just observing, I don't understand how you can have decibels during the daytime that are louder than nighttime. Is that because there is no generators going? MR. WHITAKER: That's precisely correct. We would not be running generators on any -- we wouldn't be doing testing or maintenance on generators during the evening hours, during nighttime hours, and so the sound load coming from the facility is entirely different. MS. POSS: Okay. That was my assumption, but I 'm pretty bad about assuming. One other thing about the generators, I have a question, will they do full 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:10PM 09:10PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 120 load testing and, if so, how many times and for how long? MR. WHITAKER: I mean, let me ask a friend to come up and answer that one. MS. POSS: Phone a friend. MS. COTTRELL: Our standard m aintenance and testing procedure is half hour no load test each month and then an annual load being tested at variable loads, from no load to 100 percent load once a year. MS. POSS: Okay. So only load testing once a year? MS. COTTRELL: Yeah. MS. POSS: Okay. MS. COTTRELL: So we gave that 10 to 15 hours per year per generator range. You know, by planning it's 10 hours per year, but, you know, just gives a room for a test that might run longer. MS. POSS: That's all I have. Thank you. CHAIRMAN VINYARD: Anybody else? In the back? Awesome. MS. NOBLE: Can someone assist with the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:11PM 09:11PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 121 microphone? There you go. THERESA, having been first duly sworn, testified before the Planning and Zoning Commission as follows: THERESA: I am Teresa. I have a question about if there is a power outage and all the generators need to be turned on at the data center, what will that do to the noise and vibrations in the surrounding area as far as the City ordinance? MR. WHITAKER: So it wouldn't be a vibration issue. There is -- MR. IGLESIAS: Isolation. MR. WHITAKER: Say it one more time. MR. IGLESIAS: Isolation. MR. WHITAKER: There is isolation devices built into the generators so that would address the vibration issue. As it relates to the emergency operations, we don't test the emergency operations because that's an exempt activity, but then I would also say even in the case of an emergency, it would not be all generators operating, there is redundancies built into the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:12PM 09:13PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 122 system, and so it would be a percentage of the generators operating. THERESA: Okay. And that will still fall under the City ordinance? MR. WHITAKER: Correct. THERESA: I will also say that I do find it distressing, because I was also concerned about livestock in the area as well as wildlife and impact to residential areas, and how -- how is it this got approved if it's going to impact our neighbors in a different town and ruin their way of life and affect their horses? MR. WHITAKER: I mean, if I 'm answering the question, I think the conclusion was that there was not a negative impact as it related to noise when we were here in 2024, and I think our study -- our sound study substantiates that. MS. NOBLE: Aimee, did you have anything else you wanted to add? MS. LALIME: CyrusOne has not studied the sound level transmissions in an emergency use case; we have had that provided for Project Steel and Project Cardinal. For those projects, when 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 09:13PM 09:14PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 123 emergency generators are running, the sound levels are predicted to exceed the ordinance, but that's an exempted use case, and we understand it will be infrequent and it would be when there is a utility power outage, not an issue with equipment on the development land itself. THERESA: What about the impact to wildlife and livestock, was that included in the study? MR. WHITAKER: The study evaluated all applicable regulations, be it city of Yorkville and IPCB. THERESA: Was that yes or no? MS. LALIME: And those regulations take into account a balanced perspective of compatibility between residential and commercial properties. Ordinances are not written in such a way that nothing ever annoys anyone, but the ordinances for Yorkville and IPCB are consistent with ordinances throughout the country, so there are sometimes sounds that bother animals, it could be a gunshot that might bother an animal, fireworks. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:15PM 09:15PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 124 There are cases where people or animals are annoyed by others, and ordinances do not guarantee that no one will ever be annoyed, but they do allow for compatibility and reduction in the chance of annoyance. MR. WHITAKER: If I could add two things to that. I think you also have to keep in mind that this property was zoned M -2 before we came here. The Comprehensive Plan specifically looked at this is an industrial corridor, it's an industrial corridor in Plano, it's an industrial corridor in Yorkville, so the zoning was in place for a manufacturing industrial use before we came in. We are not -- we are not converting land that there was a vision for residential development. There was a vision -- county, Plano, Yorkville -- that this property, this area, would be an industrial corridor, so what we're doing is entirely consistent with the long-term vision of the county and the two communities. And the second item was we are 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:16PM 09:16PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 125 also -- one of the conversations we are having with the City is we are adjacent to a railway, and so one of the things you saw in our sound study is that there is some loud noises when a train comes by, so one of the things the City is asking us to work with them on is to help establish a quiet zone through that area. So we haven't worked out those details, but to the extent that there are sounds generated from the campus, I think there is other things that we're doing to try to help improve the community to offset any impact we might have as we come in. So we're doing -- we're doing everything we can to be a good neighbor and help address things like sound from existing transmission sources today. THERESA: Okay. Thank you. I understand it's an industrial area, but you are still going to be impacting residential areas and farms that have livestock and pets and things like that, so I mean, I don't know how we're supposed to like have a veterinary clinic and horses that were here first and have you come in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:17PM 09:17PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 126 and -- well-meaning or whatever, but, I mean, what do we do about the residential people or the businesses that are already here that are going to be destroyed as a result of it? CHAIRMAN VINYARD: Thank you. Anybody else in the room? I know we have a couple people on Zoom. Anybody? (No response.) CHAIRMAN VINYARD: Caryn on Zoom, I don't know if it's Macek or Macek, apologize, but you have the floor. MS. MACEK: It's Macek. Thank you. CHAIRMAN VINYARD: Macek? I 'm sorry. CARYN MACEK, testified before the Planning and Zoning Commission as follows: MS. MACEK: So I have a couple comments, just some questions, but mostly comments, about some of the things that the first gentleman spoke about. First of all, we understand that this is not a new data center. I don't need to hear you say this is not new, this is already existing. I just want to clarify that we don't 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:18PM 09:19PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 127 want that one either. W e are angry about this and no one is listening to us. I have a lot of questions. First of all, who funded all of these third-party studies? Did CyrusOne fund them? Did Project Cardinal fund them? Because I find it really suspicious that everything checked out perfectly. I do not -- I am not a trusting person, I don't take people at their word until I look things up, so that brings me to my next point. 99 percent of the things that we as a city are finding out -- I found out about this meeting today on a no data center website or a no data center Facebook page, take your pick. I shouldn't be fighting for something in my city based on a Facebook post. It's ridiculous. Now, these are my big questions. First of all, to piggyback on to the vet that spoke, I absolutely 1 ,000 percent want to know where all these health studies are. These people have wells. Where does this waste water go? I can tell you, I live in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:19PM 09:20PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 128 Raintree. We have nine ponds. They're not ponds, they're run-off of dirty rain water. That's -- in my section of Yorkville we have city water, don't even get me started on that because I don't want to drink Lake Michigan water, it makes me want to vomit, but these people have wells. Where is this water run-off going to go? How clean is it? Who is treating it? The noise. These places are next to farms and what do you call those, like -- just residential houses in the country where there is no noise, and now you're expecting us to accept this noise, and that's okay? I moved here, it's so quiet here. I don't want to hear the noises that you're saying I should accept. These are my big points. The power. I spoke to ComEd myself. First of all, I want to say the gentleman that spoke about the power, very well-spoken, I enjoyed all of the numbers, I like the numbers, I 'm in medicine, I love numbers. He answered every question correctly; however, I will tell you I spoke to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:20PM 09:21PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 129 ComEd myself more than once and the exact answer I got when my bill increased by -- it went from 6 cents to 9 .66 cents and I called them, and the exact words that I got from two different people were well, that's because we're building all these data centers, so please don't tell me that cost isn't going to be passed on to me because it already is. The same goes for the Yorkville water. You're telling me -- and my husband touched on it yesterday, I 'm going to say it again. This City had the nerve to put out this big, huge save the water, preserve the water, water's -- don't waste water, in a city that's accepting the fact that these data centers come and gobble up hundreds of millions of gallons of water. Absolutely absurd and unacceptable. The other thing I have a really big concern is my property value. I have lived in this city for 22 years. I want to sell my house eventually. This was supposed to be our forever home, and now, with all of this nonsense, I don't want to stay here. Between the exorbitant taxes, the crappy school district, and now this, I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:21PM 09:22PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 130 don't -- I 'm going to break even with my house. I don't believe that you took all of this information from one study, one study in Virginia, and that's where you are going to base your information on? I am pretty certain I know three people who were looking to move into Yorkville and I know three realtors who were selling them their houses, and you know what they said? They're not coming to Yorkville. Why? Because of the data centers. They have gone data center crazy. And they want no part of it and I don't blame them. The other question I have is the elevation. Why would this be a big concern? Because I 'm going to tell you exactly what that looked like to me. You can polish a , turd, but in the end it's still a turd and no one wants it. No one wants a turd in their backyard. Sorry. And I have three dogs, so I know all about this. This is just make it look pretty and there you go. And the last thing is I noticed on the slide that showed where the tax benefits are 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:23PM 09:23PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 131 going. Why wasn't the school district named on there? There was nothing for the school district. There was Bristol-Kendall, there was Plano, it was up and down so fast I don't know all the things, but where is the school district? Because that's my big concern because they just asked me for $275 million and I said no because they're supposed to be getting all this money from the data centers. So why don't you tell us about that? I have a lot of problems with the lack of transparency and you're trying to shove this down our throat, and I get it, this one is already approved and being built. And you shrunk it. I think you should keep shrinking until it disappears. UNIDENTIFIED AUDIENCE MEMBER: Woo. (Applause.) CHAIRMAN VINYARD: I think that was it. MS. NOBLE: No. Oh. Did they want to respond? CHAIRMAN VINYARD: Would you guys like to respond to any of that? Would you like -- Krysti, would you like to respond to a few things 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:23PM 09:24PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 132 I asked you for? MS. NOBLE: Sure. The Chairman asked me to respond to the public notification. CHAIRMAN VINYARD: Thank you. MS. NOBLE: So the City has an obligation to publish any public hearing in a local newspaper at least 15 to 30 days before, so in the packet of materials we did publish, we have a certification that it was published in the newspaper. We also in real time publish on the City's website, so if you want any information about data centers or any project or any meeting, we publish that on the City's website, so it had been up on the website since the petitioner initially submitted, and that was in April, so all of the information, all the reports as we receive them, we have published them. Also, the petitioner has put up public hearing signs on the property 15 to 30 days before the public hearing, and we also are required by the state -- or the petitioner is required by the state to put certified notifications to individuals that are adjacent to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:24PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 133 the property, so the state regulation is 250 feet, the City's requirement is 500 feet, so if you are within 500 feet of CyrusOne, you would have received a certified letter from the petitioner acknowledging that there is a public hearing tonight. CHAIRMAN VINYARD: Thank you. MR. KASPER: Can I just clarify something on this? CHAIRMAN VINYARD: Hold on. We have other people. Give me a second. THE REPORTER: Mr. Chairman, can we take a break for a minute? CHAIRMAN VINYARD: We're going to adjourn for 15 minutes. Don't even need that long? We're going to adjourn for two minutes. MS. NOBLE: Recess. CHAIRMAN VINYARD: Recess for two minutes. Sorry, misspoke. (WHEREUPON, a recess was taken at 9 :24 and resumed at 9 :27 as follows:) CHAIRMAN VINYARD: We are resuming. Miss Chloe Russell on Zoom, the floor is yours. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:26PM 09:27PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 134 CHLOE RUSSELL, having been duly sworn, testified before the Planning and Zoning Commission as follows: MS. RUSSELL: Hey, everybody. So, yeah, Chloe Russell, counsel for Preserve our Yorkville Community, LLC, Chuck Kasper, Leesa Poss here. I have a couple questions. So the study for the -- I believe it was the Power Bureau study projects, the project will pay roughly $1 .8 million over 30 years through ComEd riders, solar heat pumps, et cetera. Aren't these just mandatory utility charges that the project paid as a customer rather than a voluntary benefit to Yorkville, and don't these funds go to statewide programs instead of to this community? MR. WHITAKER: Yes, I agree with that entirely. I don't think we were alleging that they were voluntary payments, but that these are payments, and the scale of the electrical usage is unique such that the payments associated with this project are going to have a very positive impact not just to the community, but to the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:27PM 09:28PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 135 state, the region, the grid is all. MS. RUSSELL: Right. Okay. Thank you. I just -- I think it needs to be on record that this isn't a benefit necessarily towards Yorkville, but instead a statewide program, and even like the residents in this area are not going to be potentially receiving depending where you are situated. Okay. Well, thank you for your answer. My second question is going to be the study concludes that, you know, if the project isn't built here, a comparable center is going to connect to the same lines anyway, so if what you are asking is for the Commission to approve this because, you know, objection is futile and it's going to happen anyway, and is that, you know, I guess the proper basis for a local land use decision? MR. WHITAKER: I 'm not sure the specific provision of the report you're referencing, but I guess my response would be that a project is going to be built here; I think the only question is are we going to build a larger project with two-story buildings and one point -- 2 .1 million 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:29PM 09:29PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 136 square feet or are we going to build a smaller project with 1 .85 million square feet of single-story buildings. MS. RUSSELL: Okay. Thank you. The actual quote is seek to proceed with interconnection to the same transmission lines , so I am paraphrasing, but it is in your power study. My class question would be the power grid study analyzes a 960-megawatt center, the developer's own fiscal study describes it as 5 40 megawatts, and earlier public reporting described it as up to two gigawatts, so which figure is correct? MR. WHITAKER: There is a letter that we submitted that clarifies the electrical capacity of the facility at full build-out; the anticipated load is 810 megawatts. MS. RUSSELL: Okay. So a completely different megawatt than I even stated. And then, finally -- I know it's a long night, but thank you guys for bearing with me -- the Power Bureau's own Figure 8 shows PJM capacity prices spiking to about $329 for 2026-2027, which is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:30PM 09:30PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 137 roughly ten times two years earlier prices. The study concedes that capacity is the primary driver of this increase. How is the conclusion that a project is not likely to raise the residents' costs consistent with this part of your study's findings? CHAIRMAN VINYARD: Either/or. MR. PRUITT: Okay. Good. The -- You are correct in that we did identify the capacity as the primary driver of the recent cost increases. What we're trying to express in the study is that when we're talking about prices we have to look at both sides of the equation; there is the supply side and the demand side. Obviously new data centers, new auto manufacturers, battery factories and the like, they all represent new demand on the grid, and in the absence of any new supply, yes, that would cause increases in prices. However, as was also listed in the study, there are multiple traunches of activity within PJM itself or the state of Illinois to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:31PM 09:32PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 138 increase the amount of capacity that connects to the PJM grid, so what we were trying to express in this study is that yes, in the immediate term increased demand has increased prices; however, as prices have increased, that's attracted more interest from developers to connect more power generation to the PJM grid. As those new assets are connected to the grid, the supply and demand balance will come back to a level and prices will respond accordingly. MR. WHITAKER: I would -- I would add to that and simply say it's not -- everybody wants to talk about the demand, but there is also -- in addition to the supply side equation that Mark was talking about, we have to acknowledge that there is state policy that has resulted in pulling power off of the grid. I personally represent a client who owns power plants across the state and most of those power plants have been shut down as a result of state policy, so while we're backfilling plants with solar power, the solar power that's being backfilled at plants might go 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:32PM 09:33PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 139 from 1650 megawatts to 40 megawatts. So I think any suggestion that the impact to power prices is solely based on A I or data centers is naive at best. MS. RUSSELL: Okay. Yes, thank you for your clarification. I 'm going to disagree with the last speaker on that point, but we're -- I think we'll all come to an agreement on this, so thank you very much. I hope you guys have a great night. CHAIRMAN VINYARD: Thank you. You, too. Me, the floor all yours. ANONYMOUS: Hello. Good evening. Much of what I already wanted to ask was asked by Chloe, so, Chloe, thank you. CHAIRMAN VINYARD: Ma'am, could you -- could you state your name for me? ANONYMOUS: Anonymous. CHAIRMAN VINYARD: Oh. ANONYMOUS: It's me again. MS. NOBLE: She has to be sworn in. CHAIRMAN VINYARD: Hold on, we need to swear you in. MS. NOBLE: We didn't do that for the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:33PM 09:34PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 140 other -- CHAIRMAN VINYARD: Yeah. MS. NOBLE: -- two speakers. ANONYMOUS: Okay, so you need to swear me in anonymously, not the other two speakers? CHAIRMAN VINYARD: I mean, unless you want to give your name, so -- (Witness sworn.) ANONYMOUS, having been first duly sworn, testified before the Planning and Zoning Commission as follows: ANONYMOUS: Just a bunch of questions. CHAIRMAN VINYARD: I 'll get the other two. Okay. Go ahead. ANONYMOUS: Okay. So anyway, Chloe, thank you for all of your questions because I will now rant, pare this down to a few more random ones. First, which newspaper exactly should we be watching for -- for notifications because it seems like many people are still not finding it, and since you have been publishing them, I think it would be excellent for us to know exactly which newspaper to be looking 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 09:34PM 09:34PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 141 them in. MS. NOBLE: The Beacon newspaper. UNIDENTIFIED AUDIENCE MEMBER: In Aurora. ANONYMOUS: Perfect. Thank you. We can share that on social media and maybe throughout the community. CHAIRMAN VINYARD: Or the United City of Yorkville's website. ANONYMOUS: Yes, yes, but you do understand that there is plenty of people that aren't probably on the internet as well. CHAIRMAN VINYARD: Yes, ma'am, I completely understand. ANONYMOUS: How many of these data center facilities has Soundscape Engineering been involved with and which developments exactly? MS. NOBLE: Soundscape is the City's consultant. ANONYMOUS: Yes. I am just curious to know how many of the developments that they have done studies for and which -- and maybe, again, which studies or entities. MS. LALIME: Off the top of my head, we 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:35PM 09:36PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 142 have worked on three or four other data centers outside of Yorkville. I don't know their names for you right now, I 'm sorry. ANONYMOUS: Is there a way that we can get that information? I mean, it would just be helpful for us to understand, you know, like maybe we can go back and look and see how those developments have rendered, you know, obviously -- MS. LALIME: You can -- I mean, I can share it with Krysti and then she can share if she -- Well, actually I have to ask my company if that's information that we can share, but you can go to the Soundscape engineering website and view all of our qualifications. For Yorkville, we are not doing any of the studies ourselves, we are peer reviewers for studies that are being done by other consultants. ANONYMOUS: Okay. Great. Thank you for that information. Appreciate it. Do we know the noise frequency -- this is another Soundscape question. Do we know the frequency that -- the noise frequency that is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:36PM 09:37PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 143 acceptable to animals? Obviously we know that there is certain -- as you stated, that there are certain acceptable frequencies, but -- from the state and from the City of Yorkville, but I 'm just curious to know if we know what the sound frequency is since animals do hear at1 . A much higher frequency from what I understand than -- for many animals than humans do. MS. LALIME: I 'm sorry, I was muted. Animals tend to have a wider frequency range of hearing, I believe dogs somewhere up near 40 or 50,000 hertz, horses also can hear higher frequencies. Noise ordinances throughout the country are guided by the EPA and their noise ordinances are geared toward human hearing primarily. They do include different land uses for animals like stables in their recommendations and those thresholds that they recommend are at a higher sound level than they recommend for residences, so the regulations that apply here do 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:38PM 09:38PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 144 not differentiate between sound for animals and sound for humans. ANONYMOUS: Okay. Just -- just curious. Thank you. I heard -- In all of the talks tonight I heard that the testing is per generator. I don't -- I mean, off the top of my head don't know and don't have the resources available to look this up, but how many generators are we talking in total that we would be potentially running and/or testing? I do know that or understand that it would not necessarily be every one all at the exact same time. MS. LALIME: I don't know if that question was directed towards me or the project team, but I see in the sound study they listed there are 5 7 backup generators for each building. ANONYMOUS: For each building. Wow. Thank you. Thank you for that information. So there is 57 different backup generators for each building and I , again, don't have numbers in front of me at the moment, I 'm still at work, but we're talking I think it was 18 buildings at one time, and, again, I missed bits and pieces of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:39PM 09:40PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 145 evening, so that's quite a few generators. Was curious to know then -- and again, I apologize, I 'm still working so I don't have this information in front of me -- how close is the nearest school? Because when these generators are going to be tested during the day, I 'm curious to know what the impact to the nearest local schools might be. MS. NOBLE: So the nearest school is Bristol Bay and that's probably well over a thousand -- do you have estimates? It's well over a thousand feet. CHAIRMAN VINYARD: Oh, not -- not -- MS. NOBLE: More than that. CHAIRMAN VINYARD: No, it's miles. MS. NOBLE: Miles, okay. CHAIRMAN VINYARD: Yeah, you're talking -- Yeah, it's miles. ANONYMOUS: Approximate miles? CHAIRMAN VINYARD: Yeah, my -- MS. NOBLE: We're going online right now to kind of measure it. Give us a second. ANONYMOUS: No problem. I can continue 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:40PM 09:41PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 146 with my questions if that's all right. CHAIRMAN VINYARD: Okay. Go ahead. ANONYMOUS: How many individuals within the data center development that have presented this evening, just curious to know, how many of them are living in or near a data center and/or data center corridor such as what's being developed in Yorkville? I don't want to know where you live exactly, I 'm just curious to know how many of you all live near the data centers or data center corridors. MR. WHITAKER: Personally I live about a mile, mile and a half from a data center that I was proposing in Naperville. It didn't ultimately get approved, but I was in many of the houses within a mile, about a mile, of a data center that I was advocating for and presenting to the City of Naperville. CHAIRMAN VINYARD: Ma'am, I myself am about maybe a half a mile from a proposed one, just to answer your question. ANONYMOUS: Okay. Great. Thank you. So nobody lives near one to have lived and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:41PM 09:42PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 147 experienced what it's like living near a proposed -- Anyway, okay. Thank you. I appreciate -- Somebody else? I 'm sorry. No? Okay. CHAIRMAN VINYARD: Okay. ANONYMOUS: Go ahead. MS. NOBLE: Sorry. I have a response in regards to the nearest school. So the nearest Yorkville school, as we mentioned, is Bristol Bay, that's about three miles away, and the nearest Plano school is about one and a half miles away. ANONYMOUS: Oh, great. So -- and is Plano aware of the fact that their nearest school is one and a half miles away from a data center corridor that has or will have 57 backup generators for each building, and we're talking, again, I gave an approximate 15 buildings, I know that that's probably wrong, there may be a bit more or a bit less depending how many data center developments do finally move forward. That's interesting to know. And then one last question and then one last statement. Where can we find the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:43PM 09:43PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 148 independent studies that Yorkville has conducted by an independent third-party? MS. NOBLE: They are on the City's website if you go to yorkville.il.us, go to departments, community development, and on the left side you will see a scroll down. Go to public hearings and current projects, and for each project that we present we put all the data, all the submitted application materials, all the reports, all the studies, and links to staff reports. ANONYMOUS: And those studies are the indepe -- are independent, they are third-party through -- MS. NOBLE: Yes. ANONYMOUS: -- Yorkville -- MS. NOBLE: Correct. ANONYMOUS: -- not through the -- MS. NOBLE: Yes. Correct. There is the petitioners and then there is ours, so it will list petitioners and then it may say third-party or Soundscape study memo. ANONYMOUS: Okay. So Soundscape, the peer review you mean -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:43PM 09:44PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 149 MS. NOBLE: Correct. ANONYMOUS: -- because they don't -- they are not doing the studies. MS. NOBLE: Correct. Yes. ANONYMOUS: Okay. And then the last statement was it was just a -- something I thought of when somebody mentioned that the land was zoned for industrial use, right? When we're talking industrial use, I recognize that there is still noise ordinances that need to be met and whatnot, but when we're talking about industrial use, I work for a manufacturing company and the noise level and the volume of impact to local animals and wildlife is not nearly the noise impact of 57 potential generators for one building or multiply that by at least -- again, I 'll refer back to 18 just because it sounds like a pretty accurate number, so while I understand that it was already zoned for that, we're talking something totally different than a -- than just an industrial park. That's all I have. Thank you all. Appreciate your time. CHAIRMAN VINYARD: Thank you. I have 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:45PM 09:45PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 150 some housekeeping to do, this is my bad. If I could have Miss Macek and Miss Russell, if you guys could both unmute yourselves, I don't believe you were sworn in. I would like to make sure we get that on the record. MS. NOBLE: And Aimee. CHAIRMAN VINYARD: And Aimee? MS. NOBLE: Mm-hmm. CHAIRMAN VINYARD: And Aimee, please. MS. LALIME: I am already unmuted, would you like to go me first? CHAIRMAN VINYARD: We can do everyone together if they would like to. ANONYMOUS: Oh, okay. Sure, that sounds good. MR. MACEK: Hello, this is Mr. Macek. Miss Macek went to bed because she has to work early in the morning, but I am still here watching and listening to this fiasco, so if you want to swear me in on her behalf, I 'm more than willing to. CHAIRMAN VINYARD: No, you can't do that, so I will just take Miss Russell and Aimee. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:46PM 09:46PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 151 Okay. (Witnesses sworn.) CHAIRMAN VINYARD: Thank you. All right. Would anybody else like to speak? (No response.) CHAIRMAN VINYARD: Okay. Are there any questions by the Planning and Zoning Commissioners? Do you guys have any questions that you would like to -- I think this by far is one of our most thorough ones. COMMISSIONER WILLIAMS: It most definitely is. I think I got all mine answered. CHAIRMAN VINYARD: I got mine answered. Any of the other commissioners have any questions? COMMISSIONER WERDERICH: Yeah, actually I would. CHAIRMAN VINYARD: Please. COMMISSIONER WERDERICH: One of the things, if somebody could speak to the water usage of the plant as it is proposed. MR. HOUT: Sure, I can answer any questions. BRADD HOUT, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:47PM 09:47PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 152 having been first duly sworn, testified before the Planning and Zoning Commission as follows: COMMISSIONER WERDERICH: Thank you. I would like you to -- water consumption, what does that look like? MR. HOUT: It's approximately 1200 gallons per day per building, so that's for domestic water usage, so that's primarily the load as the folks that are occupying an office space, so that's largely washing hands, flushing toilets, drinking water. The water usage for our closed loop system, the initial fill is upwards of 200, 2 50,000 gallons per day for the initial fill, but once it's filled that daily load is roughly 1200 gallons per day on average per building. COMMISSIONER WERDERICH: I wasn't here, I apologize, when the initial project proposal went through. Can you explain what happens with that water when it's filled? It's used to cool I understand. MR. HOUT: That's correct. Yeah, it's used -- COMMISSIONER WERDERICH: And then what 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:48PM 09:48PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 153 happens to it? MR. HOUT: It stays in the system for the life of the building. So there is this misconception that it needs to be drained or sent out to the sewer system regularly and that's not the case. You can imagine these numbers are in a critical facility, so once they're turned on they're meant to run 24/7 for the next 20, 30, 40, 50 years, so the idea of us having to shut down is kind of unheard of, right? That's not the purpose of these buildings. We are tasked with having to run these buildings constantly. So if you ever have a n issue with the closed loop system, we have the ability to valve off sections of the system to make repairs as needed, so if we have an issue in this room, for example, we could valve off this side and that side, hold the water that's in that portion of the system, make the repair, and then recharge the system and get back up to operations. So rarely is -- actually, the water should never be fully drained out of the system until the end of the life cycle of the asset. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:48PM 09:49PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 154 COMMISSIONER WERDERICH: So some of it's consumed though, right? MR. HOUT: That's correct, yeah. COMMISSIONER WERDERICH: What happens with the consumed water? MR. HOUT: It's just -- COMMISSIONER WERDERICH: Is it steam or is it like run-off or just -- MR. HOUT: Just evaporation, like small tiny amount of evaporation. I think the makeup water on a monthly basis is 50 to 100 gallons, and that's included in the daily occupant load that I referenced, the 1200 gallons a d ay, so it's a very, very small amount of water that's leaving the system. Unlike water systems that are outside, exposed to the sun or elements, there is no -- there is no evaporation that you would see from, you know, an outside storage tank, so there is not much affecting this water that's in this closed loop system. COMMISSIONER WERDERICH: Okay. Okay. And I guess, I 'm sorry, you will need more water every day, right? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:49PM 09:49PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 155 MR. HOUT: For the occupant load. COMMISSIONER WERDERICH: That's right. MR. HOUT: The workers, the employees. COMMISSIONER WERDERICH: I understand. All right. So that's through the sewage and everything like that. MR. HOUT: That's through your standard water connection, and that's going right down the drain, just as any office building would go down the drain as well. COMMISSIONER WERDERICH: I understand. THE REPORTER: Sir, can you state your name? MR. HOUT: Bradd Hout with CyrusOne. CHAIRMAN VINYARD: Does anybody else have any questions? (No response.) MS. NOBLE: I think we have one. CHAIRMAN VINYARD: Me, would you like to speak again? Your hand is still raised. ANONYMOUS: Actually I was just curious, can we talk about the anti-corrosives in that water one more time just to make sure because I know that it's a closed loop system, but we -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:50PM 09:51PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 156 talking about servers, we know that they can't corrode because that would like stop them from functioning. I don't know if he can speak on that. CHAIRMAN VINYARD: Are there anti-corrosives in this water is the question she's asking. MR. HOUT: In our closed loop system there is corrosion inhibitor and microbiocides, so corrosion inhibitor prevents the rusting of the pipes, the inside of the pipes, that's still within the closed loop system, and the microbiocides are to close off any sort of microorganisms that are growing inside of that closed loop system. ChemT reat is one example of a local company that does this kind of testing, and the application of chemicals for us is a third-party, highly qualified, regulated company that's doing this kind of work. After they treat the system the system remains 99.9 percent water, so it's a very small amount of chemicals that are needed to treat the system. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:51PM 09:51PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 157 On the microbiocide side of things, the bleach or the chlorine, the example I use if any of you have a swimming pool, you know the amount of chlorine you put in that pool to kill off the microorganisms because of the leaves, the bird poop, the insects, the sunlight that that is getting. The closed loop system does not get any of those and so the amount of growth of contaminants in that system is far less and far lower, which means we are putting in a very small amount of chemical, less chemical than you would see, you know, in something that's exposed to the elements. CHAIRMAN VINYARD: Thank you. Awesome. Commissioners, last -- we don't have any other questions? Anybody down there? Nothing? (No response.) CHAIRMAN VINYARD: All right. The petitioner, you would like your responses, the standards, entered into the public record, correct? MR. WHITAKER: Yeah. In our presentation -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:52PM 09:52PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 158 CHAIRMAN VINYARD: Yes, sir. Yep. MR. WHITAKER: -- we listed all of the plans and reports and in that was our response to the standards, so all of that stuff can be incorporated. CHAIRMAN VINYARD: Just checking a box now. MR. WHITAKER: Understood. CHAIRMAN VINYARD: Thank you. So this would be the conclusion of the public hearing. Since all testimony regarding the two petitions have been taken, may I have a motion to close the taking of testimony in these public hearings? COMMISSIONER WILLIAMS: So moved. COMMISSIONER CROUCH: 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 09:52PM Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 159 MS. YOUNG: Williams. COMMISSIONER WILLIAMS: Yes. MS. YOUNG: Forristall. COMMISSIONER FORRISTALL: Yes. MS. YOUNG: Werderich. COMMISSIONER WERDERICH: Yes. MS. YOUNG: And Crouch. COMMISSIONER CROUCH: Yes. CHAIRMAN VINYARD: All right. The public hearing of tonight's meeting is now closed. (Which were all the proceedings had in the public hearing, concluding at 9 :52 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 - June 10, 2026 160 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 160, was reported stenographically by me by means of machine shorthand, was simultaneously reduced to typewriting via computer-aided transcription under my personal direction, and constitutes a true record of the testimony given and the proceedings had; That the said public hearing was taken before me at the time and place specified; That I am not a relative or employee or attorney or counsel, nor a relative or employee of such attorney or counsel for any of the parties hereto, nor interested directly or indirectly in the outcome of this action. I further certify that my certificate attached hereto applies to the original transcript and copies thereof signed and certified under my hand only. I assume no 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 161 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 30th day of June, 2026. /s / Christine M . Vitosh CHRISTINE M . VITOSH, Illinois C .S .R . 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31:4, 128:23, 151:12, 151:13 answering [2] - 100:16, 122:13 anti [2] - 155:22, 156:6 anti-corrosives [2] - 155:22, 156:6 anticipate [2] - 26:10, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 2 26:12 anticipated [1] - 136:18 anyway [3] - 135:13, 135:16, 140:15 Anyway [1] - 147:2 apologize [4] - 99:6, 126:10, 145:3, 152:18 appear [1] - 111:14 appearance [1] - 104:3 APPEARANCES [1] - 3:1 appeared [3] - 3:5, 3:10, 3:14 appendix [1] - 104:23 Applause [1] - 118:4 applause [1] - 131:18 applicable [5] - 30:1, 36:8, 38:15, 110:19, 123:11 applicant [5] - 14:3, 59:17, 60:19, 118:12, 118:13 Applicant [1] - 3:10 application [6] - 14:4, 17:2, 29:23, 100:3, 148:9, 156:18 applications [1] - 13:11 applied [5] - 91:16, 110:19, 110:22, 111:3, 111:9 applies [1] - 160:22 apply [4] - 48:12, 49:18, 62:24, 143:24 appraisal [1] - 76:10 Appraisal [1] - 76:16 appraise [1] - 75:19 appraised [1] - 82:8 appraiser [1] - 75:12 appraisers [1] - 76:3 appreciate [7] - 46:13, 51:18, 64:12, 85:10, 142:21, 147:3, 149:23 appreciation [3] - 81:8, 81:10, 81:15 apprenticeship [2] - 71:15, 71:16 apprenticeships [1] - 71:8 appropriate [3] - 18:12, 59:7, 110:20 approval [6] - 13:15, 18:16, 19:6, 30:12, 32:7, 92:21 approvals [8] - 9:20, 10:18, 11:3, 11:18, 16:22, 30:11, 31:7, 31:12 approve [3] - 90:9, 109:6, 135:15 approved [33] - 10:5, 10:7, 10:17, 11:21, 14:24, 15:1, 15:10, 15:13, 15:14, 15:21, 16:12, 19:10, 19:12, 19:20, 20:3, 20:5, 21:15, 22:7, 22:10, 38:22, 38:24, 45:23, 60:4, 65:4, 71:23, 97:1, 99:24, 100:14, 102:1, 103:10, 122:10, 131:14, 146:16 approximate [2] - 145:20, 147:18 April [2] - 30:17, 132:16 archeological [2] - 35:12, 35:13 architectural [1] - 28:10 area [32] - 10:4, 10:8, 10:15, 10:22, 15:18, 16:5, 22:10, 22:11, 26:15, 26:19, 26:23, 27:22, 42:11, 42:22, 43:14, 43:20, 43:22, 44:1, 53:3, 60:18, 61:15, 62:14, 89:22, 93:6, 103:7, 108:3, 121:9, 122:8, 124:20, 125:7, 125:19, 135:6 areas [8] - 18:9, 44:11, 48:13, 53:17, 77:19, 103:11, 122:9, 125:20 Army [2] - 59:11, 60:6 arrays [1] - 75:24 art [1] - 14:12 articulation [1] - 45:7 aside [2] - 56:8, 68:2 assertion [1] - 98:2 assessed [3] - 73:14, 73:17 assessment [1] - 39:2 asset [3] - 71:23, 72:5, 153:24 assets [1] - 138:8 assigned [1] - 62:14 assist [1] - 120:24 assistance [1] - 45:13 associated [10] - 15:8, 18:8, 36:2, 36:21, 37:4, 37:12, 54:13, 57:15, 77:23, 134:22 Associates [3] - 44:24, 58:16, 72:21 assume [2] - 108:7, 160:24 assuming [2] - 86:11, 119:22 assumption [1] - 119:22 at1 [1] - 143:7 attached [2] - 29:5, 160:22 attacks [1] - 6:14 attenuance [1] - 82:13 attenuation [1] - 47:23 attorney [2] - 160:17, 160:18 attracted [1] - 138:5 attractive [1] - 27:22 attributable [2] - 73:9, 73:10 AUDIENCE [3] - 96:1, 131:17, 141:3 audience [2] - 6:21, 7:1 audit [1] - 95:10 aurora [1] - 116:3 Aurora [2] - 94:7, 141:4 authority [2] - 53:20, 66:19 authorization [3] - 13:13, 96:23, 97:13 auto [1] - 137:17 available [2] - 54:17, 144:8 Avenue [2] - 3:8, 14:1 avenues [1] - 60:14 average [3] - 52:19, 74:19, 152:16 AVMA [1] - 112:21 avoid [1] - 6:13 awake [1] - 75:11 aware [3] - 89:13, 89:23, 147:14 awesome [2] - 120:23, 157:15 B Bachelor's [1] - 61:4 backfilled [1] - 138:24 backfilling [1] - 138:23 background [5] - 14:7, 20:8, 25:17, 51:10, 62:22 backup [5] - 52:8, 101:15, 144:17, 144:20, 147:16 backyard [1] - 130:19 bad [2] - 119:22, 150:1 balance [2] - 68:9, 138:9 balanced [1] - 123:15 bald [1] - 113:4 bands [3] - 38:17, 38:19, 50:10 barber [1] - 74:15 Barksdale [1] - 2:11 Barksdale-Noble [1] - 2:11 barrier [2] - 48:2, 49:11 barriers [2] - 47:13 base [2] - 87:18, 130:4 based [27] - 27:5, 31:4, 35:15, 38:7, 38:17, 53:2, 62:14, 63:6, 63:13, 64:2, 65:2, 68:9, 70:11, 71:13, 71:21, 72:1, 72:7, 73:11, 74:20, 79:23, 82:5, 82:6, 82:9, 97:5, 97:7, 127:18, 139:3 basic [1] - 81:19 basin [4] - 20:19, 43:8, 103:10, 103:15 basins [3] - 44:8, 44:10, 103:13 basis [7] - 68:3, 70:8, 81:4, 90:8, 100:3, 135:17, 154:11 batteries [2] - 56:13, 56:14 battery [3] - 71:9, 102:7, 137:18 Bay [2] - 145:11, 147:10 Beacon [1] - 141:2 bear [2] - 22:5, 66:1 bearing [1] - 136:22 becomes [1] - 23:9 bed [1] - 150:18 Beecher [15] - 18:20, 20:14, 20:16, 24:4, 42:10, 61:18, 91:13, 105:3, 118:16, 118:19, 118:20, 118:22, 118:24, 119:1, 119:2 began [1] - 16:15 begin [2] - 6:9, 30:23 beginning [2] - 29:10, 39:23 begins [2] - 25:17, 104:11 behalf [6] - 3:5, 3:10, 3:14, 14:2, 107:15, 150:21 behind [3] - 47:17, 49:11, 87:6 belly [1] - 57:17 belongs [1] - 97:12 below [6] - 21:22, 48:18, 49:21, 68:5, 73:12, 87:1 beneficial [1] - 20:17 benefit [5] - 33:24, 74:5, 74:6, 134:15, 135:4 benefits [2] - 33:13, 130:24 berm [3] - 24:19, 24:22, 25:16 berming [3] - 24:17, 24:21, 33:10 best [3] - 55:11, 88:18, 139:4 bet [2] - 112:19, 115:10 better [1] - 43:10 between [9] - 55:4, 62:10, 69:6, 75:21, 80:23, 98:14, 123:16, 129:23, 144:1 beyond [3] - 55:9, 56:15, 58:2 big [12] - 71:1, 97:19, 113:3, 116:11, 116:16, 119:2, 127:19, 128:17, 129:13, 129:18, 130:15, 131:6 bigger [1] - 49:8 bill [6] - 67:17, 95:17, 95:23, 97:24, 101:11, 129:2 bills [1] - 96:5 bird [1] - 157:6 bit [17] - 14:7, 16:12, 17:8, 24:20, 28:21, 35:8, 51:7, 63:5, 65:20, 68:5, 69:2, 76:4, 79:17, 90:21, 90:22, 147:19, 147:20 bits [1] - 144:24 black [3] - 20:7, 20:8, 33:7 blackouts [1] - 99:7 blame [1] - 130:13 blanket [1] - 31:13 bleach [1] - 157:2 blue [1] - 49:1 Bluffs [1] - 78:16 Board [5] - 11:21, 38:13, 38:16, 51:6, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 3 54:3 board [1] - 105:20 Board's [1] - 106:8 BOD [1] - 57:16 boilerplate [1] - 41:10 bone [1] - 116:11 Boone [1] - 80:4 border [1] - 78:18 bore [1] - 71:2 borealis [1] - 116:3 borrow [1] - 105:13 bother [2] - 123:22, 123:23 bottom [1] - 48:1 bowl [1] - 96:19 box [2] - 78:23, 158:6 boy [1] - 109:11 BRADD [2] - 4:24, 151:24 Bradd [1] - 155:14 brain [1] - 115:18 break [4] - 45:8, 114:23, 130:1, 133:13 breaks [1] - 94:12 Brian [1] - 42:2 bridge [1] - 114:23 brief [1] - 44:24 bring [3] - 10:22, 41:1, 91:18 bringing [1] - 87:11 brings [1] - 127:11 Bristol [4] - 102:2, 131:3, 145:11, 147:9 Bristol-Kendall [2] - 102:2, 131:3 broadcast [1] - 102:12 broader [2] - 68:10, 83:2 broker [1] - 79:6 brokers [2] - 80:10, 81:21 Brook [1] - 42:1 brought [2] - 58:24, 59:3 buckets [1] - 97:11 buffer [1] - 25:10 buffers [1] - 42:9 build [13] - 14:21, 34:3, 34:6, 39:18, 39:24, 84:20, 87:9, 87:13, 87:18, 93:22, 135:23, 136:1, 136:17 build-out [5] - 34:3, 34:6, 84:20, 87:9, 136:17 building [44] - 15:13, 18:17, 18:20, 18:22, 19:3, 21:9, 21:14, 22:1, 22:2, 22:3, 22:20, 26:3, 26:13, 26:21, 28:15, 29:4, 29:5, 32:17, 32:21, 32:23, 33:2, 42:13, 42:16, 43:18, 44:16, 45:22, 46:2, 48:24, 50:23, 74:2, 74:3, 82:11, 92:20, 102:3, 129:5, 144:17, 144:18, 144:21, 147:17, 149:16, 152:7, 152:16, 153:3, 155:9 buildings [37] - 15:5, 15:6, 15:8, 18:8, 19:11, 19:12, 19:13, 19:14, 19:20, 19:21, 20:24, 21:1, 21:3, 22:16, 23:24, 24:9, 25:14, 26:1, 26:20, 27:4, 29:16, 42:7, 44:7, 46:9, 74:3, 100:10, 135:24, 136:3, 144:23, 147:18, 153:12, 153:13 built [8] - 77:19, 100:9, 103:7, 121:17, 121:24, 131:14, 135:12, 135:22 built/striped [1] - 88:11 bulkheads [1] - 58:9 bunch [3] - 85:7, 117:22, 140:12 burdened [1] - 72:8 Bureau [3] - 74:21, 118:10, 134:9 Bureau's [1] - 136:23 business [5] - 74:14, 112:22, 113:19, 113:22, 114:7 businesses [2] - 114:5, 126:3 butt [1] - 114:13 buyers [2] - 79:7, 81:24 BY [3] - 3:3, 3:7, 3:12 C C.S.R [1] - 161:9 C1 [3] - 8:7, 13:10, 14:2 cabinet [1] - 56:17 cabinet-type [1] - 56:17 calculations [1] - 73:23 cameras [1] - 94:21 campus [16] - 13:17, 20:21, 23:16, 25:11, 25:17, 28:2, 28:4, 30:10, 34:3, 34:6, 47:4, 47:17, 47:24, 65:10, 78:15, 125:10 campuses [2] - 78:14, 89:2 cancer [1] - 116:11 cannot [1] - 95:10 canvassed [1] - 76:9 capabilities [1] - 101:2 capacity [16] - 52:11, 63:24, 67:1, 67:13, 68:20, 68:22, 86:22, 87:1, 87:3, 101:8, 101:9, 136:16, 136:23, 137:2, 137:10, 138:1 Cardinal [7] - 11:17, 89:2, 93:1, 94:15, 100:6, 122:23, 127:6 career [1] - 75:12 CAROLINE [2] - 4:15, 102:22 Caroline [1] - 103:1 CARYN [2] - 4:21, 126:14 Caryn [1] - 126:9 case [15] - 29:13, 48:4, 53:7, 57:22, 58:22, 62:19, 84:13, 86:10, 98:3, 102:6, 121:22, 122:22, 123:3, 153:6 cases [1] - 124:1 CASTALDO [1] - 3:2 catch [1] - 21:11 categories [1] - 106:18 Category [1] - 60:11 cats [1] - 113:9 caught [1] - 11:10 Center [2] - 27:19, 91:9 center [78] - 8:8, 11:18, 13:17, 14:10, 14:18, 14:20, 16:18, 16:23, 25:17, 28:2, 29:5, 35:19, 36:2, 37:4, 37:12, 37:22, 38:1, 38:5, 38:12, 40:10, 40:13, 40:14, 45:3, 47:4, 56:12, 64:22, 64:24, 65:10, 65:15, 65:21, 67:14, 69:14, 70:12, 71:11, 71:18, 72:7, 72:9, 73:15, 76:24, 77:3, 78:1, 78:19, 79:1, 79:9, 81:2, 81:6, 82:3, 82:4, 89:20, 94:13, 96:10, 98:3, 98:14, 99:21, 99:23, 107:23, 111:12, 114:10, 115:10, 116:21, 116:22, 117:7, 121:8, 126:22, 127:15, 127:16, 130:11, 135:12, 136:10, 141:16, 146:4, 146:6, 146:7, 146:11, 146:14, 146:18, 147:15, 147:20 center-type [1] - 56:12 centers [50] - 14:15, 16:17, 23:5, 27:23, 29:18, 37:9, 37:11, 37:16, 40:12, 56:4, 58:6, 71:19, 76:12, 77:9, 77:12, 77:15, 77:23, 78:11, 81:15, 82:8, 89:3, 92:12, 93:1, 93:24, 94:5, 94:11, 95:18, 96:11, 99:2, 99:8, 99:10, 108:16, 112:14, 113:7, 113:11, 113:20, 114:1, 115:16, 117:7, 117:15, 117:19, 129:6, 129:15, 130:11, 131:9, 132:13, 137:17, 139:4, 142:1, 146:11 Central [1] - 46:19 cents [2] - 129:3 certain [7] - 10:8, 53:15, 62:19, 116:5, 130:6, 143:3 certainly [3] - 22:17, 30:20, 36:20 certificate [1] - 160:21 Certificate [1] - 161:9 certification [1] - 132:9 certified [4] - 54:24, 132:23, 133:4, 160:24 Certified [1] - 160:3 certify [2] - 160:5, 160:21 cetera [1] - 134:12 CFR [2] - 57:1, 58:4 Chad [1] - 2:6 CHAIRMAN [95] - 5:5, 6:7, 8:2, 8:5, 8:13, 8:22, 9:5, 9:15, 12:15, 12:19, 12:24, 13:7, 41:2, 41:9, 41:12, 41:15, 44:18, 46:11, 46:13, 47:20, 51:17, 55:12, 58:10, 60:22, 64:7, 72:16, 73:4, 75:6, 82:17, 82:22, 83:11, 83:14, 83:16, 84:15, 84:17, 84:24, 85:8, 85:11, 90:2, 92:3, 92:6, 93:10, 101:19, 102:20, 112:7, 118:3, 120:22, 126:5, 126:9, 126:13, 131:19, 131:22, 132:4, 133:7, 133:10, 133:14, 133:18, 133:23, 137:8, 139:11, 139:16, 139:19, 139:22, 140:2, 140:6, 140:13, 141:8, 141:13, 145:14, 145:16, 145:18, 145:21, 146:2, 146:20, 147:5, 149:24, 150:8, 150:10, 150:13, 150:23, 151:3, 151:6, 151:13, 151:18, 155:15, 155:19, 156:5, 157:15, 157:19, 158:1, 158:6, 158:9, 158:17, 158:24, 159:9 Chairman [4] - 2:2, 6:16, 132:2, 133:12 chambers [1] - 6:20 chance [3] - 86:8, 98:11, 124:5 change [19] - 10:4, 10:14, 15:23, 16:8, 18:1, 18:14, 20:3, 20:5, 20:9, 21:24, 22:2, 22:7, 22:15, 22:21, 23:19, 31:24, 42:5, 42:6, 43:7 changed [5] - 12:6, 12:9, 23:20, 28:9, 59:6 changes [8] - 12:21, 19:2, 20:3, 22:4, 23:18, 31:3, 40:15, 82:9 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 4 Chapter [1] - 60:10 character [2] - 24:7, 24:11 charge [1] - 71:6 charges [1] - 134:14 charter [2] - 66:21, 101:5 checked [1] - 127:7 checking [1] - 158:6 chemical [5] - 56:20, 57:1, 102:13, 157:12 chemically [1] - 56:5 chemicals [8] - 56:7, 56:8, 56:16, 56:18, 56:23, 57:3, 156:18, 156:23 chemTreat [1] - 156:16 CHI-11 [2] - 8:8, 13:17 Chicago [3] - 62:23, 78:13, 89:7 chiller [1] - 47:12 chillers [3] - 47:6, 47:18, 48:23 chime [1] - 110:17 chin [1] - 75:15 Chloe [5] - 133:24, 134:5, 139:15, 140:15 CHLOE [3] - 3:12, 4:22, 134:1 chlorine [2] - 157:2, 157:4 choices [1] - 39:11 CHRISTINE [2] - 160:3, 161:9 Christine [2] - 3:23, 161:8 Chuck [2] - 84:3, 134:6 CHUCK [2] - 4:13, 83:23 Church [1] - 11:4 church [1] - 13:4 circuits [1] - 65:7 circulation [2] - 16:10, 86:20 City [49] - 3:5, 5:18, 9:7, 9:11, 9:19, 10:16, 12:6, 12:13, 13:12, 14:24, 15:20, 30:17, 33:19, 38:13, 39:9, 39:12, 47:10, 49:17, 50:3, 60:15, 60:21, 61:14, 88:19, 92:11, 92:19, 92:23, 93:2, 95:8, 101:22, 102:1, 103:17, 103:21, 104:14, 105:22, 107:9, 108:15, 108:24, 109:13, 117:11, 118:22, 121:10, 122:4, 125:2, 125:5, 129:12, 132:5, 141:8, 143:5, 146:19 CITY [1] - 1:6 city [10] - 10:15, 30:1, 107:20, 114:6, 123:11, 127:14, 127:17, 128:4, 129:14, 129:20 City's [11] - 12:1, 39:17, 103:24, 108:24, 109:14, 110:16, 132:12, 132:14, 133:2, 141:18, 148:3 civil [1] - 32:2 clarification [1] - 139:6 clarifies [1] - 136:16 clarify [3] - 46:12, 126:24, 133:8 clarifying [2] - 7:4, 7:9 class [3] - 106:18, 111:12, 136:9 Class [13] - 29:4, 106:18, 106:19, 106:22, 106:24, 107:14, 108:4, 108:6, 108:9, 108:13, 111:10, 111:11 classified [5] - 106:18, 106:20, 106:22, 106:23 Clean [2] - 52:21, 53:5 clean [1] - 128:8 clear [2] - 35:18, 99:18 clearly [1] - 5:22 client [1] - 138:19 clinic [2] - 112:17, 125:23 close [6] - 7:12, 37:9, 75:14, 145:4, 156:13, 158:13 closed [10] - 5:17, 152:12, 153:15, 154:21, 155:24, 156:8, 156:12, 156:15, 157:8, 159:11 closer [1] - 77:18 closest [1] - 77:8 CMAT [1] - 91:17 code [9] - 21:12, 21:18, 21:21, 21:23, 48:20, 49:22, 81:12, 105:21, 105:24 Code [2] - 9:10, 9:11 codes [3] - 48:12, 49:7, 78:5 CohnReznick [2] - 36:24, 75:16 coldest [1] - 67:5 collaboratively [1] - 15:15 collect [1] - 90:13 collected [1] - 97:9 collectively [1] - 30:9 collects [2] - 69:17, 70:9 color [3] - 32:17, 32:20, 33:8 colors [1] - 25:21 Columbus [1] - 79:14 combination [1] - 24:9 combined [1] - 63:11 combining [1] - 89:2 ComEd [27] - 27:19, 36:7, 36:8, 65:4, 65:7, 67:11, 67:14, 67:24, 69:14, 69:17, 69:18, 70:17, 95:16, 95:21, 96:5, 96:6, 96:8, 96:23, 97:3, 97:23, 98:4, 98:20, 128:18, 129:1, 134:11 ComEd's [1] - 70:10 comfort [1] - 68:6 coming [14] - 21:4, 28:5, 40:16, 42:20, 54:4, 69:3, 100:15, 109:23, 109:24, 112:14, 113:10, 115:9, 119:19, 130:10 commence [1] - 16:3 commenced [1] - 28:1 commencing [1] - 5:3 comment [7] - 7:12, 30:14, 31:21, 38:3, 83:7, 104:10, 104:16 comments [6] - 6:12, 7:9, 7:11, 92:9, 126:17, 126:18 Commerce [2] - 97:1, 97:13 commercial [5] - 24:3, 56:12, 75:11, 77:20, 123:16 Commission [35] - 5:7, 5:11, 5:17, 7:13, 13:22, 30:8, 41:22, 44:22, 46:16, 51:21, 55:15, 58:13, 61:1, 64:10, 66:20, 72:19, 75:9, 84:1, 93:13, 97:1, 97:13, 100:4, 101:6, 102:24, 104:4, 104:20, 110:11, 112:10, 118:7, 121:4, 126:16, 134:3, 135:14, 140:11, 152:2 commission [2] - 7:3, 57:5 COMMISSION [1] - 1:10 commissioned [1] - 118:10 Commissioner [6] - 2:3, 2:4, 2:5, 2:6, 2:7, 2:8 COMMISSIONER [32] - 7:23, 7:24, 8:11, 8:12, 8:16, 8:18, 8:20, 8:24, 9:2, 9:4, 13:5, 151:11, 151:16, 151:19, 152:3, 152:17, 152:24, 154:1, 154:4, 154:7, 154:22, 155:2, 155:4, 155:11, 158:15, 158:16, 158:20, 158:22, 159:2, 159:4, 159:6, 159:8 commissioners [2] - 151:14, 157:16 Commissioners [2] - 13:1, 151:8 commissions [1] - 57:5 common [1] - 11:11 Commonwealth [3] - 69:24, 71:23, 98:15 communication [2] - 92:15, 102:6 communities [1] - 124:23 community [15] - 14:21, 24:12, 40:18, 51:6, 64:23, 65:11, 82:15, 107:8, 107:11, 107:15, 125:12, 134:17, 134:24, 141:7, 148:5 Community [3] - 2:11, 3:15, 134:6 company [5] - 42:3, 142:12, 149:13, 156:17, 156:19 comparable [2] - 37:16, 135:12 compare [3] - 22:24, 79:24, 81:10 compared [5] - 38:11, 77:7, 77:9, 79:19, 80:8 comparing [1] - 40:18 comparison [2] - 42:24, 45:21 comparisons [1] - 37:8 compatibility [3] - 107:12, 123:16, 124:4 compatible [1] - 107:15 complete [2] - 26:8, 27:7 completed [7] - 15:18, 42:16, 42:19, 44:15, 59:1, 59:19, 92:23 completely [4] - 47:18, 47:22, 136:19, 141:14 completing [1] - 26:24 compliance [16] - 52:2, 54:7, 54:19, 55:17, 57:7, 93:19, 94:6, 94:9, 94:13, 94:23, 94:24, 95:1, 95:10, 105:6, 105:21, 106:1 compliant [3] - 50:12, 108:5, 108:6 complied [1] - 48:16 comply [7] - 31:10, 40:2, 47:9, 49:6, 49:20, 53:16, 106:7 component [3] - 28:17, 32:19, 33:2 Comprehensive [12] - 7:22, 9:8, 9:18, 9:20, 10:1, 10:6, 10:10, 10:20, 12:21, 17:24, 18:2, 124:10 comprehensive [3] - 29:19, 82:21, 92:24 comprehensively [1] - 41:7 computer [2] - 110:3, 160:10 computer-aided [1] - 160:10 concedes [1] - 137:2 concept [1] - 44:5 concern [4] - 81:24, 129:19, 130:15, 131:6 concerned [7] - 33:19, 33:21, 35:2, 53:10, 67:4, 79:8, 122:7 conclude [3] - 17:8, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 5 29:10, 105:5 concluded [1] - 105:19 concludes [1] - 135:11 concluding [1] - 159:13 conclusion [5] - 37:13, 63:22, 122:14, 137:4, 158:10 conclusions [1] - 36:5 concrete [3] - 28:13, 45:7, 87:12 condition [1] - 86:11 conditions [4] - 10:13, 59:6, 63:3, 81:19 conduct [1] - 109:3 conducted [6] - 59:5, 61:11, 61:20, 61:21, 76:13, 148:1 conducting [1] - 61:5 confirm [2] - 49:5, 109:6 confirmation [1] - 109:5 confirmed [1] - 81:20 confirming [1] - 44:7 confirms [1] - 108:14 connect [4] - 67:7, 68:16, 135:13, 138:6 connected [2] - 100:21, 138:8 connection [2] - 65:12, 155:8 connects [1] - 138:1 CONNOR [2] - 4:6, 51:19 Connor [1] - 51:22 Conservation [1] - 34:16 consider [2] - 38:20, 79:16 considerably [1] - 103:15 consideration [2] - 92:21, 103:12 considered [3] - 5:11, 36:9, 60:2 considering [1] - 12:13 considers [1] - 30:8 consist [1] - 52:5 consistent [11] - 17:24, 20:9, 24:14, 24:17, 28:11, 62:20, 76:15, 112:1, 123:20, 124:21, 137:6 consolidated [1] - 20:19 constantly [1] - 153:13 constitutes [1] - 160:11 constrain [1] - 48:4 construct [3] - 27:1, 27:2, 63:19 constructed [4] - 26:1, 40:15, 42:14, 42:16 construction [25] - 15:24, 16:15, 16:19, 25:23, 26:5, 26:7, 26:12, 27:6, 28:1, 40:7, 75:2, 75:3, 87:10, 87:21, 87:24, 88:11, 88:16, 88:18, 92:16, 92:18, 92:22, 99:23, 103:4, 104:11, 116:22 consultant [13] - 33:14, 38:4, 46:23, 50:1, 50:2, 103:18, 109:1, 109:14, 109:20, 110:16, 110:18, 111:9, 141:19 Consultants [2] - 46:18, 51:23 consultants [3] - 62:8, 108:15, 142:19 consultation [1] - 35:18 consulting [2] - 55:20, 58:19 consumed [3] - 100:19, 154:2, 154:5 consumer [1] - 97:9 consumers [2] - 72:10, 98:7 consumption [1] - 152:4 contact [1] - 92:16 contacts [1] - 102:11 contaminants [1] - 157:10 contemplated [2] - 22:13, 22:17 contemporary [1] - 73:15 context [1] - 67:18 continue [1] - 145:24 continuous [1] - 107:23 contractors [1] - 28:19 contribute [1] - 70:6 contributions [1] - 72:13 Control [4] - 38:13, 38:16, 54:2, 106:8 control [6] - 55:11, 63:13, 80:23, 81:10, 81:17, 161:2 controller [1] - 66:7 conversations [2] - 39:17, 125:1 converting [1] - 124:16 cool [2] - 39:21, 152:20 cooled [1] - 48:23 cooling [2] - 38:5, 47:22 cooperation [2] - 7:1, 7:15 coordinate [1] - 66:10 coordination [2] - 20:1, 29:16 copies [2] - 160:23, 161:2 core [2] - 19:2, 45:6 Corgan [2] - 44:24, 45:1 Corneils [12] - 61:18, 91:12, 91:14, 105:3, 112:12, 114:18, 114:19, 116:2, 118:15, 118:24, 119:3 corner [2] - 44:17, 78:22 Corps [2] - 59:11, 60:6 correct [15] - 85:19, 87:4, 88:17, 91:24, 110:18, 111:12, 119:15, 122:5, 136:14, 137:10, 148:19, 149:4, 152:22, 154:3, 157:22 Correct [2] - 148:17, 149:1 correction [1] - 60:4 correctly [2] - 44:9, 128:24 correspondence [1] - 35:4 corridor [7] - 89:4, 124:11, 124:12, 124:13, 124:20, 146:7, 147:16 corridors [2] - 24:24, 146:12 corrode [1] - 156:2 corrosion [2] - 156:9, 156:10 corrosives [2] - 155:22, 156:6 cost [5] - 71:14, 72:4, 72:6, 129:7, 137:11 costs [3] - 72:4, 73:13, 137:5 Cottrell [1] - 55:16 COTTRELL [9] - 4:7, 55:13, 55:16, 93:21, 94:3, 94:14, 120:6, 120:13, 120:15 council [1] - 30:14 Council [7] - 5:18, 10:16, 12:13, 78:16, 93:2, 104:15, 117:11 counsel [3] - 134:5, 160:17, 160:18 count [2] - 90:15, 91:3 counted [1] - 91:6 counties [1] - 91:21 counting [1] - 74:17 countries [1] - 14:15 country [4] - 114:3, 123:21, 128:12, 143:17 counts [5] - 61:20, 62:16, 90:4, 90:10, 91:12 COUNTY [1] - 160:2 county [9] - 61:13, 62:7, 62:21, 89:10, 89:17, 114:11, 117:14, 124:18, 124:22 County [3] - 11:20, 11:21, 13:12 couple [7] - 23:4, 55:22, 112:15, 118:14, 126:6, 126:17, 134:7 Couple [1] - 84:8 course [2] - 57:8, 107:24 court [1] - 6:23 Court [1] - 60:8 cover [1] - 44:3 coverage [14] - 21:9, 21:10, 21:12, 21:14, 21:19, 21:21, 22:1, 22:20, 43:11, 43:17, 103:6 covered [1] - 42:5 crappy [1] - 129:24 crazy [1] - 130:12 create [4] - 25:9, 28:13, 32:12, 114:15 created [5] - 20:18, 35:17, 38:7, 65:1, 85:23 creates [2] - 86:3, 86:5 creation [1] - 60:17 criteria [1] - 111:4 critical [1] - 153:8 cross [4] - 7:7, 22:9, 72:10, 88:8 cross-examination [1] - 7:7 cross-hatch [1] - 22:9 cross-subsidization [1] - 72:10 Crouch [2] - 2:7, 159:7 crouch [1] - 8:17 CROUCH [3] - 8:18, 158:16, 159:8 CSR [1] - 3:24 CUMMINGS [1] - 3:11 cumulative [7] - 89:1, 108:15, 108:17, 108:20, 109:3, 109:7 Cumulative [1] - 108:19 curious [8] - 141:20, 143:5, 144:3, 145:2, 145:7, 146:5, 146:10, 155:21 current [4] - 10:2, 26:6, 101:8, 148:7 customer [2] - 69:14, 134:14 customers [6] - 65:22, 66:10, 67:15, 68:1, 69:19, 70:9 CV [1] - 64:13 cycle [1] - 153:24 Cyrus' [1] - 27:5 CyrusOne [21] - 3:10, 8:7, 13:16, 14:2, 14:8, 14:9, 27:21, 28:5, 28:19, 55:1, 55:9, 55:18, 58:24, 93:1, 94:20, 122:20, 127:5, 133:3, 155:14 D daily [2] - 152:15, 154:12 Dallas [1] - 46:20 Danny [1] - 2:3 data [137] - 8:8, 11:18, 13:17, 14:10, 14:15, 14:18, 14:19, 16:17, 16:18, 16:23, 18:11, 23:5, 25:16, 27:23, 28:2, 29:5, 29:18, 35:19, 36:2, 37:4, 37:9, 37:10, 37:12, 37:16, 37:22, 38:1, 38:5, 38:12, 40:10, 40:12, 40:13, 40:14, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 6 45:2, 47:4, 56:4, 56:12, 58:6, 62:1, 64:21, 64:24, 65:9, 65:15, 65:21, 67:14, 69:14, 70:12, 71:9, 71:11, 71:18, 71:19, 72:7, 72:9, 73:15, 76:11, 76:24, 77:3, 77:9, 77:12, 77:15, 77:23, 77:24, 78:11, 78:19, 79:1, 79:9, 80:13, 81:1, 81:5, 81:15, 82:2, 82:4, 82:7, 89:3, 89:20, 90:13, 92:12, 92:24, 93:24, 94:5, 94:11, 94:12, 95:18, 96:10, 98:3, 98:10, 98:14, 99:1, 99:8, 99:10, 99:21, 99:23, 105:6, 107:23, 108:16, 109:1, 111:12, 112:14, 112:20, 113:7, 113:11, 114:1, 114:10, 115:10, 115:16, 116:21, 116:22, 117:6, 117:7, 117:15, 117:19, 117:24, 121:7, 126:22, 127:15, 127:16, 129:6, 129:15, 130:11, 131:9, 132:13, 137:17, 139:4, 141:15, 142:1, 146:4, 146:6, 146:7, 146:11, 146:14, 146:17, 147:15, 147:20, 148:9 date [4] - 9:22, 10:23, 80:15, 80:16 David [1] - 2:14 day-to-day [1] - 87:14 days [3] - 66:5, 132:7, 132:21 daytime [8] - 49:21, 50:21, 51:2, 104:24, 107:4, 111:17, 111:21, 119:11 dBA [3] - 38:18, 107:3, 111:20 deal [1] - 67:19 decibels [5] - 105:1, 105:2, 107:22, 111:15, 119:11 deciduous [1] - 25:6 decision [2] - 60:20, 135:18 decisions [1] - 10:12 Deer [1] - 3:12 definitely [1] - 151:12 degree [1] - 61:4 delay [4] - 85:18, 85:19, 85:20, 86:15 delays [1] - 84:19 deleterious [1] - 116:7 deliberate [2] - 5:17, 7:14 delineate [3] - 20:2, 48:14, 50:10 delineated [2] - 31:17, 33:10 delineates [1] - 23:2 delineating [2] - 23:8, 32:4 delineation [7] - 21:2, 23:20, 39:2, 59:1, 59:4, 59:13, 59:20 delineations [1] - 58:20 deliver [1] - 66:12 delivered [1] - 26:11 deliveries [1] - 87:12 delivering [2] - 14:11, 72:6 delivery [2] - 36:3, 97:7 demand [15] - 27:5, 68:10, 68:12, 68:13, 68:24, 69:1, 70:5, 98:6, 98:7, 100:24, 137:16, 137:19, 138:4, 138:9, 138:14 demonstrate [2] - 54:7, 105:24 demonstration [1] - 55:4 Department [3] - 34:24, 35:7, 90:11 department [3] - 57:4, 75:18, 92:19 departments [1] - 148:5 depicting [1] - 14:23 depicts [2] - 18:7, 48:2 deployment [1] - 71:22 depressional [1] - 59:24 derive [1] - 62:15 Des [1] - 80:5 described [1] - 136:12 describes [1] - 136:11 description [1] - 31:23 design [7] - 33:8, 45:3, 47:8, 57:16, 65:4, 103:10 designated [2] - 22:11, 102:10 designation [1] - 10:2 designations [3] - 9:21, 10:19, 10:21 designed [2] - 52:23, 57:21 designing [1] - 46:24 destroyed [1] - 126:4 detail [6] - 18:4, 32:16, 32:20, 48:11, 83:5, 83:6 detailed [2] - 31:1, 31:3 details [5] - 33:23, 35:16, 71:3, 79:10, 125:9 detention [7] - 18:10, 42:11, 43:8, 43:23, 44:8, 44:10, 103:13 determination [2] - 39:1, 60:5 determine [4] - 29:1, 39:10, 76:14, 82:13 determined [1] - 67:12 deterrent [1] - 81:1 detrimental [2] - 93:5, 116:14 develop [1] - 58:5 developed [4] - 20:1, 43:16, 78:23, 146:8 developer [5] - 14:10, 14:17, 65:5, 101:22, 104:1 developer's [2] - 110:18, 136:11 developers [1] - 138:6 developing [2] - 22:16, 43:15 development [26] - 10:11, 13:15, 22:11, 22:14, 30:5, 33:16, 34:19, 34:21, 36:9, 36:22, 37:5, 52:5, 62:3, 64:1, 64:2, 65:5, 70:6, 73:13, 77:4, 78:1, 79:15, 107:14, 123:6, 124:18, 146:4, 148:5 Development [2] - 2:12, 104:1 developments [9] - 10:17, 11:2, 37:2, 89:23, 109:8, 141:17, 141:21, 142:8, 147:21 deviations [2] - 103:24, 104:7 devices [1] - 121:17 diesel [1] - 57:16 differ [1] - 55:5 difference [2] - 80:23, 81:18 differences [1] - 68:3 different [13] - 16:17, 25:8, 35:8, 113:1, 113:7, 115:21, 119:20, 122:11, 129:4, 136:20, 143:20, 144:20, 149:21 differentiate [1] - 144:1 differentiates [1] - 49:23 differs [1] - 55:5 difficult [1] - 88:7 difficulties [1] - 65:13 difficulty [1] - 65:15 dig [2] - 18:4, 97:10 digital [1] - 14:12 Digno [2] - 46:18, 46:21 DIGNO [2] - 4:5, 46:14 Dim [1] - 2:15 DiNOLFO [1] - 3:2 direct [3] - 7:5, 7:6, 65:11 directed [1] - 144:15 direction [5] - 10:14, 43:10, 88:6, 160:11, 161:2 directly [3] - 43:1, 79:8, 160:19 director [2] - 35:22, 55:17 Director [1] - 2:12 dirty [1] - 128:2 disagree [2] - 87:23, 139:6 disappears [1] - 131:16 disclosed [2] - 17:14, 87:4 disconnected [1] - 60:1 discussing [1] - 118:21 discussion [4] - 24:22, 29:17, 31:9, 99:22 disrupts [1] - 6:18 distressing [1] - 122:7 Distribution [2] - 27:19, 91:9 distribution [1] - 97:6 District [3] - 12:4, 34:16, 102:2 district [5] - 18:19, 129:24, 131:1, 131:3, 131:5 divide [1] - 79:23 DMYF [1] - 11:14 dock [1] - 45:18 document [3] - 30:6, 99:5 documentation [10] - 17:1, 17:14, 17:17, 29:12, 29:22, 30:3, 35:6, 35:16, 40:6, 95:7 documentations [1] - 30:22 documented [1] - 98:13 documents [6] - 17:5, 29:24, 30:17, 32:2, 38:23, 39:3 dogs [4] - 113:6, 113:8, 130:20, 143:13 dollars [4] - 34:1, 34:7, 116:18, 116:20 domestic [1] - 152:8 done [17] - 33:13, 62:3, 63:15, 75:3, 75:24, 76:5, 76:11, 82:7, 82:11, 84:22, 88:21, 91:12, 91:15, 91:16, 141:22, 142:18 Door [1] - 59:2 double [3] - 57:17, 57:22, 78:20 double-walled [1] - 57:17 doubling [1] - 103:7 dovetails [2] - 18:13, 36:12 down [21] - 19:16, 21:4, 24:1, 42:4, 67:21, 77:11, 93:15, 113:14, 115:11, 116:6, 116:16, 116:17, 131:4, 131:13, 138:21, 140:17, 148:6, 153:11, 155:8, 155:9, 157:17 downtown [1] - 78:13 DR [1] - 112:11 Dr [1] - 112:12 drain [2] - 155:9, 155:10 drained [2] - 153:4, 153:23 drills [1] - 102:8 drink [1] - 128:5 drinking [1] - 152:11 Drive [2] - 1:17, 46:19 drive [6] - 16:11, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 7 26:19, 28:4, 63:8, 84:11, 91:10 driven [2] - 16:2, 22:2 driver [2] - 137:3, 137:11 drone [5] - 115:13, 115:18, 115:19 droned [1] - 115:21 drug [1] - 117:3 dual [1] - 95:19 due [3] - 37:24, 60:7, 100:2 duly [22] - 13:21, 41:21, 44:21, 46:15, 51:20, 55:14, 58:12, 60:24, 64:9, 72:18, 75:8, 83:24, 93:12, 102:23, 104:19, 110:10, 112:9, 118:6, 121:3, 134:2, 140:10, 152:1 during [17] - 6:1, 6:22, 49:21, 51:2, 67:2, 75:1, 87:23, 88:1, 88:11, 92:16, 92:17, 107:3, 111:16, 119:11, 119:18, 145:7 Dwight [1] - 41:24 DWIGHT [2] - 4:3, 41:20 E eagles [1] - 113:4 early [4] - 16:3, 26:7, 66:5, 150:19 ears [1] - 111:18 easement [1] - 25:2 easier [2] - 7:2, 47:19 east [2] - 61:18, 63:8 easy [1] - 89:19 EcoCAT [1] - 34:22 Economic [1] - 74:21 economic [4] - 33:12, 33:15, 73:1, 74:6 EDC [2] - 25:19, 26:14 Edison [3] - 69:24, 71:23, 98:15 education [1] - 71:10 EEPP [1] - 70:8 effective [1] - 82:12 effects [1] - 116:7 efficiency [3] - 70:10, 70:14, 70:15 eight [5] - 19:11, 19:13, 23:7, 24:22, 100:10 eight-foot [2] - 23:7, 24:22 either [10] - 7:6, 12:12, 39:11, 45:16, 59:20, 69:6, 90:15, 90:17, 109:8, 127:1 either/or [1] - 137:8 elaborate [1] - 12:12 Eldamain [22] - 16:10, 16:11, 18:17, 24:1, 24:5, 24:18, 24:19, 26:22, 27:16, 27:18, 42:9, 61:16, 61:17, 63:8, 84:11, 85:16, 89:4, 91:8, 91:10, 91:12 electric [10] - 34:5, 34:11, 34:12, 64:22, 74:1, 74:4, 114:9, 117:6, 117:8, 117:9 electrical [3] - 65:17, 134:21, 136:16 electricity [2] - 72:7, 101:11 elements [3] - 34:18, 154:17, 157:14 elevation [5] - 28:8, 45:5, 45:19, 46:7, 130:15 elevations [3] - 28:9, 45:11, 48:3 eliminated [1] - 20:12 elimination [1] - 19:3 Elk [2] - 37:18, 78:12 ELLEN [2] - 4:8, 58:11 Ellen [1] - 58:14 Elon [1] - 96:7 emergencies [2] - 48:5, 48:7 emergency [20] - 47:5, 52:6, 52:8, 52:11, 52:15, 52:18, 53:8, 54:23, 54:24, 57:4, 57:5, 57:20, 101:23, 102:11, 102:16, 121:19, 121:20, 121:23, 122:21, 123:1 emission [5] - 52:4, 53:6, 53:7, 53:21, 53:22 Emission [1] - 53:12 emitted [1] - 107:14 emitting [4] - 106:19, 106:20, 106:21, 107:5 employee [3] - 29:1, 160:16, 160:17 employees [3] - 28:19, 28:20, 155:3 enclosed [1] - 47:22 enclosures [1] - 49:12 end [6] - 17:19, 33:18, 36:6, 39:24, 130:18, 153:24 endangered [2] - 34:23, 35:2 ended [1] - 32:10 Energy [2] - 66:20, 101:5 energy [20] - 31:8, 31:13, 31:18, 64:13, 69:18, 69:23, 70:6, 70:10, 70:13, 70:15, 71:1, 71:5, 71:8, 71:19, 71:21, 92:12, 95:18, 96:3, 96:4, 97:4 engineer [5] - 32:3, 46:22, 61:9, 92:19, 103:19 engineered [2] - 103:10, 103:16 engineering [10] - 30:21, 32:1, 32:4, 32:7, 32:14, 39:17, 44:3, 61:6, 103:18, 142:14 Engineering [3] - 41:24, 110:13, 141:16 engineers [1] - 90:12 Engineers [2] - 59:11, 61:8 Engineers' [1] - 62:4 enhancement [1] - 60:17 enjoyed [1] - 128:21 ensure [17] - 6:10, 9:20, 11:13, 47:7, 47:8, 49:12, 52:14, 53:17, 53:22, 54:16, 56:22, 57:24, 59:6, 67:1, 101:7, 107:11, 107:13 ensuring [1] - 100:23 entered [1] - 157:21 entire [2] - 25:16, 44:13 entirely [5] - 28:11, 52:6, 119:20, 124:21, 134:19 entities [2] - 73:20, 141:23 entitled [1] - 107:18 entrance [2] - 28:15, 28:18 entrances [2] - 28:14, 28:16 entry [1] - 32:20 environment [3] - 29:6, 52:24, 58:1 environmental [2] - 55:17, 55:20 EPA [5] - 53:20, 54:5, 54:15, 143:17 equal [1] - 81:16 equalized [1] - 73:16 equation [2] - 137:15, 138:15 equestrian [1] - 113:20 equipment [11] - 45:12, 45:15, 46:5, 46:6, 46:24, 47:16, 56:10, 87:12, 111:23, 112:2, 123:6 equivalent [4] - 54:23, 55:2, 55:8, 80:12 erode [2] - 67:8, 67:10 escape [1] - 58:1 especially [1] - 44:15 essentially [2] - 53:15, 73:24 establish [4] - 53:6, 76:18, 101:23, 125:7 established [1] - 53:2 establishes [1] - 52:22 estate [2] - 75:12, 75:18 Estates [1] - 84:3 estimate [1] - 62:2 estimate's [1] - 73:11 estimated [5] - 62:10, 63:24, 73:6, 73:20, 74:20 estimates [1] - 145:12 et [1] - 134:11 ETAC [3] - 71:5, 71:11 evacuation [1] - 102:5 evaluate [1] - 108:15 evaluated [1] - 123:10 evaluates [1] - 88:23 evaluations [1] - 65:3 evaporation [3] - 154:9, 154:10, 154:18 evening [22] - 13:23, 14:2, 17:3, 17:6, 17:17, 40:16, 41:23, 44:23, 46:17, 61:2, 62:12, 64:11, 75:10, 84:2, 84:20, 93:14, 105:8, 112:11, 119:18, 139:13, 145:1, 146:5 event [2] - 52:8, 52:18 eventually [2] - 43:16, 129:21 evergreen [1] - 25:5 everyday [1] - 56:9 evidence [2] - 76:15, 98:21 exact [3] - 129:1, 129:4, 144:13 exactly [7] - 30:16, 105:24, 130:16, 140:19, 140:24, 141:17, 146:10 examination [1] - 7:7 example [9] - 31:6, 31:20, 54:8, 87:11, 105:2, 108:3, 153:18, 156:16, 157:2 exceed [1] - 123:2 exceeding [1] - 60:12 excellent [1] - 140:23 exceptions [2] - 104:4, 104:5 excited [1] - 40:7 exclusive [2] - 63:10, 63:19 excuse [3] - 11:6, 99:15 exempt [1] - 121:21 exempted [1] - 123:3 exhibit [4] - 33:5, 33:8, 39:1, 39:2 exist [1] - 108:11 existing [13] - 13:14, 20:15, 62:15, 63:1, 63:23, 65:21, 67:14, 78:11, 87:18, 89:20, 118:19, 125:16, 126:24 exorbitant [1] - 129:23 expand [1] - 50:3 expect [2] - 52:18, 69:2 expected [3] - 48:17, 49:6, 73:7 expecting [1] - 128:13 experience [2] - 82:7, 110:14 experienced [2] - 101:13, 147:1 expertise [1] - 72:2 experts [3] - 17:12, 40:23, 41:5 explain [5] - 21:8, 84:23, 85:18, 90:14, 152:19 explained [3] - 48:22, 105:20 explanatory [1] - 31:24 exposed [2] - 154:17, 157:13 express [2] - 137:13, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 8 138:2 expressed [1] - 65:22 extend [2] - 15:8, 65:10 extended [1] - 79:19 extends [1] - 66:3 extension [2] - 59:16, 59:18 extent [1] - 125:9 external [1] - 24:12 externalities [1] - 77:22 extra [1] - 66:24 extracted [1] - 77:7 extremely [2] - 78:19, 79:9 Exurb [1] - 79:15 F facade [1] - 46:4 facades [1] - 45:9 Facebook [2] - 127:16, 127:18 facilitated [1] - 15:16 facilities [4] - 23:6, 73:15, 112:3, 141:16 facility [18] - 14:21, 27:17, 27:24, 29:2, 33:17, 37:19, 38:10, 43:23, 54:16, 54:18, 63:17, 70:20, 79:13, 79:18, 88:1, 119:20, 136:17, 153:8 fact [7] - 30:7, 43:17, 96:12, 96:13, 98:22, 129:15, 147:14 factor [1] - 91:17 factories [1] - 137:18 factors [1] - 89:7 factual [1] - 80:14 fade [1] - 25:17 failing [1] - 84:21 fairly [1] - 56:20 fall [2] - 106:4, 122:4 falls [3] - 106:13, 108:1, 108:13 familiar [2] - 76:20, 94:3 families [1] - 107:21 far [7] - 52:4, 87:13, 92:15, 121:9, 151:9, 157:10 farm [2] - 11:20, 115:6 farmed [1] - 59:23 farmland [2] - 108:8, 108:12 farms [2] - 125:21, 128:11 fast [1] - 131:4 favor [2] - 7:19, 83:20 Faxon [10] - 18:23, 20:13, 20:16, 24:5, 24:18, 24:21, 42:9, 91:8, 105:3 feasible [1] - 112:4 features [1] - 58:7 February [5] - 15:21, 16:8, 16:13, 16:14, 19:7 Federal [2] - 66:19, 101:5 federal [9] - 39:7, 53:9, 54:21, 56:21, 57:8, 58:3, 62:7, 93:18, 101:5 FedRAMP [12] - 93:19, 93:24, 94:2, 94:6, 94:9, 94:10, 94:13, 94:23, 94:24, 95:1, 95:9 fee [4] - 39:11, 60:15, 69:15, 71:4 fees [3] - 69:17, 70:9, 97:8 feet [24] - 15:9, 15:12, 18:21, 18:24, 19:9, 19:18, 19:20, 19:21, 28:15, 28:18, 33:2, 43:5, 43:6, 78:20, 82:3, 133:2, 133:3, 136:1, 136:2, 145:13 fence [10] - 23:3, 23:7, 23:10, 23:14, 23:16, 23:17, 23:20, 24:6, 43:20, 43:22 fences [1] - 94:22 fencing [2] - 18:10, 27:3 FERC [1] - 69:4 few [10] - 6:9, 17:9, 40:1, 72:12, 76:6, 80:9, 103:3, 131:24, 140:17, 145:1 FHFA [2] - 81:11, 81:16 fiasco [1] - 150:20 fiber [1] - 77:16 FIELD [1] - 3:3 field [5] - 37:2, 55:21, 58:19, 71:9, 99:1 fighting [1] - 127:17 figure [3] - 39:18, 84:19, 136:13 Figure [2] - 42:13, 136:23 fill [2] - 152:13, 152:14 filled [3] - 29:24, 152:15, 152:20 final [2] - 32:6, 32:13 finally [3] - 90:3, 136:21, 147:21 findings [3] - 30:7, 59:7, 137:7 fire [3] - 57:4, 102:4, 102:8 Fire [1] - 102:2 fireworks [1] - 123:24 firm [1] - 75:17 first [40] - 11:4, 13:21, 14:5, 26:13, 30:22, 41:21, 42:13, 42:17, 44:21, 46:15, 51:20, 55:14, 58:12, 60:24, 64:9, 64:21, 72:18, 75:8, 78:16, 79:2, 81:8, 83:24, 93:12, 102:23, 104:19, 112:9, 116:23, 117:9, 118:6, 121:3, 125:24, 126:19, 126:21, 127:4, 127:20, 128:19, 140:10, 140:19, 150:12, 152:1 fiscal [7] - 33:12, 33:16, 33:20, 33:24, 73:2, 74:5, 136:11 five [5] - 38:22, 44:1, 70:5, 73:8, 80:22 fix [1] - 84:22 fledged [1] - 88:2 flip [3] - 26:16, 50:6, 111:5 flip-flopped [1] - 26:16 flipped [1] - 25:21 flooding [1] - 103:9 floor [5] - 95:19, 95:20, 126:11, 133:24, 139:12 flopped [1] - 26:16 flow [1] - 44:9 flush [1] - 30:23 flushing [1] - 152:10 fly [1] - 74:6 focused [3] - 6:13, 45:2, 52:1 folks [11] - 17:13, 23:24, 69:13, 113:9, 114:10, 114:18, 115:6, 116:4, 117:1, 117:21, 152:9 follow [7] - 93:18, 93:24, 94:6, 94:7, 94:8, 95:7, 95:11 follow-up [1] - 95:7 followed [1] - 7:18 following [6] - 5:1, 57:13, 61:12, 83:7, 91:19, 95:1 follows [27] - 5:4, 7:17, 13:22, 41:22, 44:22, 46:16, 51:21, 55:15, 58:13, 61:1, 64:10, 68:23, 72:19, 75:9, 84:1, 93:13, 102:24, 104:20, 110:11, 112:10, 118:7, 121:4, 126:16, 133:22, 134:3, 140:11, 152:2 foot [5] - 23:7, 24:22, 73:12, 80:18, 81:4 footage [3] - 19:4, 29:15, 36:17 footprint [1] - 21:1 forbid [3] - 94:11, 94:12, 101:10 foregoing [1] - 160:6 forestall [1] - 34:20 forever [1] - 129:21 forget [1] - 96:7 form [1] - 29:24 formal [1] - 59:20 formally [1] - 7:12 former [1] - 35:22 forms [1] - 30:1 FORRISTALL [2] - 9:4, 159:4 Forristall [3] - 2:4, 9:3, 159:3 forth [4] - 30:19, 59:17, 85:21, 90:12 forward [7] - 16:23, 32:12, 40:21, 60:20, 100:2, 101:9, 147:21 foundations [1] - 42:21 four [4] - 32:21, 52:1, 91:6, 142:1 Franklin [1] - 94:8 freeze [1] - 69:6 frequencies [5] - 50:11, 113:8, 113:23, 143:4, 143:15 frequency [8] - 112:18, 117:20, 142:22, 142:24, 143:6, 143:8, 143:12 Friday [1] - 90:17 Fridays [1] - 90:20 friend [2] - 120:4, 120:5 front [3] - 17:3, 144:22, 145:4 fuel [5] - 54:9, 56:6, 56:8, 57:15, 57:17 fueling [1] - 58:8 full [7] - 34:3, 34:6, 84:20, 88:2, 119:24, 136:17 full-fledged [1] - 88:2 fully [6] - 45:12, 72:8, 103:10, 104:11, 153:23 functional [1] - 40:3 functionally [1] - 28:9 functioning [2] - 23:21, 156:3 functions [1] - 97:6 fund [2] - 127:5, 127:6 funded [1] - 127:4 funds [2] - 70:14, 134:16 futile [1] - 135:16 future [18] - 9:18, 9:21, 10:2, 10:6, 10:11, 10:19, 10:21, 11:6, 12:8, 12:10, 14:18, 22:11, 42:24, 63:3, 87:19, 100:5, 100:9, 100:12 G Galena [2] - 61:16, 91:10 gallons [6] - 129:16, 152:7, 152:14, 152:16, 154:11, 154:13 gaps [1] - 85:22 Gary [2] - 58:15, 58:17 gas [1] - 74:16 geared [1] - 143:18 general [11] - 11:15, 13:4, 44:4, 44:6, 46:1, 50:18, 56:3, 56:7, 57:11, 57:12, 61:9 General [1] - 11:16 generally [5] - 23:6, 24:14, 25:23, 44:13, 59:24 generate [3] - 62:3, 70:20, 88:1 generated [4] - 57:10, 62:10, 73:7, 125:10 generating [3] - 66:11, 68:20, 101:2 generation [5] - 62:5, 66:22, 66:24, 70:4, 138:7 generator [6] - 48:6, 52:19, 57:11, 57:20, 120:16, 144:6 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 9 generators [36] - 38:6, 47:5, 48:4, 49:10, 50:20, 50:22, 52:6, 52:15, 53:8, 54:9, 54:11, 54:24, 55:2, 55:8, 56:7, 56:14, 57:16, 68:16, 100:10, 100:11, 119:14, 119:16, 119:18, 119:24, 121:7, 121:17, 121:23, 122:2, 123:1, 144:9, 144:17, 144:20, 145:1, 145:6, 147:17, 149:16 gentleman [3] - 35:21, 126:19, 128:19 George [1] - 77:1 gigawatts [1] - 136:13 given [2] - 17:20, 160:12 glazing [1] - 45:8 global [1] - 14:10 globally [1] - 14:15 goal [2] - 17:17, 17:19 gobble [1] - 129:16 God [2] - 94:10, 101:10 Google [4] - 78:14, 79:12, 82:1, 99:16 government [2] - 39:7, 62:7 GPS [1] - 114:21 grade [1] - 45:15 grades [1] - 44:6 grading [2] - 42:19, 44:5 grandkid [1] - 116:9 grandpa [1] - 116:10 grant [1] - 104:4 granted [2] - 31:7, 59:18 grassroots [1] - 116:6 gray [2] - 26:15, 75:15 great [7] - 29:6, 82:19, 117:3, 139:10, 142:20, 146:23, 147:13 GREEN [4] - 7:24, 8:12, 8:20, 158:20 Green [2] - 2:6, 59:2 green [5] - 8:19, 26:18, 26:23, 84:13, 158:19 grid [12] - 71:21, 95:15, 96:12, 97:8, 117:5, 135:1, 136:10, 137:19, 138:2, 138:7, 138:9, 138:18 ground [2] - 6:8, 57:19 Group [1] - 42:1 groupings [1] - 25:4 groups [7] - 79:23, 80:3, 80:20, 80:21, 80:23, 81:11, 81:17 Grove [2] - 37:18, 78:12 grow [1] - 25:9 growing [2] - 78:18, 156:14 growth [7] - 25:8, 62:22, 62:24, 68:12, 89:6, 89:22, 157:9 GRUEN [4] - 4:11, 72:17, 72:20, 73:5 Gruen [5] - 72:20, 72:21, 118:10 guarantee [1] - 124:3 guards [2] - 94:21, 94:22 guess [5] - 42:17, 98:23, 135:17, 135:21, 154:23 guide [1] - 10:11 guided [1] - 143:17 guidelines [3] - 90:11, 93:18, 94:1 gunshot [1] - 123:23 guy [1] - 64:13 guys [17] - 6:7, 9:23, 10:24, 58:9, 79:16, 88:16, 94:19, 95:1, 95:16, 95:18, 96:9, 118:18, 131:22, 136:22, 139:9, 150:3, 151:8 guys' [1] - 98:24 H hair [1] - 74:16 hairs [1] - 75:15 half [8] - 42:7, 80:10, 80:22, 120:7, 146:14, 146:21, 147:11, 147:15 hand [6] - 6:4, 6:13, 16:4, 155:20, 160:24, 161:4 handle [1] - 44:16 handling [3] - 51:24, 56:23, 58:20 hands [1] - 152:10 HANSEN [2] - 9:14, 9:17 Hansen [1] - 2:14 happy [6] - 41:1, 64:20, 83:9, 95:6, 97:10, 97:14 Happy [1] - 46:12 hard [1] - 108:18 Hard [1] - 45:10 HASENBALG [1] - 3:2 hatch [1] - 22:9 hatching [1] - 23:1 hate [2] - 116:8, 116:24 hazardous [2] - 57:12, 102:5 Hazardous [1] - 53:12 head [2] - 141:24, 144:7 healing [1] - 116:13 health [3] - 33:21, 52:24, 127:22 healthy [1] - 53:3 hear [7] - 107:22, 110:2, 110:7, 126:23, 128:16, 143:7, 143:14 heard [6] - 5:15, 7:12, 63:7, 87:14, 144:4, 144:5 hearing [26] - 5:3, 5:16, 5:20, 6:2, 6:11, 6:19, 6:22, 7:21, 9:6, 13:9, 17:21, 72:24, 82:24, 104:13, 111:19, 132:6, 132:20, 132:21, 133:6, 143:13, 143:18, 158:11, 159:10, 159:13, 160:6, 160:14 HEARINGS [1] - 1:11 hearings [4] - 5:6, 104:9, 148:7, 158:14 heart [1] - 115:7 heat [4] - 50:13, 70:18, 70:22, 134:11 heavier [1] - 87:13 height [5] - 15:9, 28:16, 33:3, 45:24, 46:2 heights [2] - 32:23, 82:11 held [1] - 72:9 Hello [1] - 150:17 hello [2] - 58:14, 139:13 help [9] - 20:2, 21:8, 24:7, 29:1, 117:13, 117:14, 125:6, 125:11, 125:15 helpful [1] - 142:6 helping [1] - 48:3 helps [2] - 22:5, 117:14 HEMME [4] - 4:4, 44:20, 44:23, 46:12 Hemme [1] - 44:23 hereby [1] - 160:5 hereto [2] - 160:19, 160:22 hereunto [1] - 161:3 hertz [3] - 111:15, 111:19, 143:14 hi [5] - 55:16, 75:10, 103:1, 110:12, 118:8 hiding [1] - 87:5 high [10] - 17:16, 17:20, 18:4, 64:19, 67:1, 67:22, 83:4, 95:17, 111:14, 111:20 high-level [4] - 17:16, 17:20, 64:19, 83:4 higher [8] - 68:13, 68:14, 81:16, 90:22, 101:11, 143:8, 143:14, 143:23 highest [1] - 72:1 highly [1] - 156:19 hired [2] - 35:10, 35:21 historic [1] - 35:5 hit [2] - 29:9 hmm [1] - 150:9 hold [8] - 8:5, 60:7, 92:7, 110:2, 115:4, 133:10, 139:22, 153:19 Home [1] - 81:11 home [8] - 56:10, 70:4, 78:23, 79:24, 81:8, 108:3, 110:22, 129:22 homeowner [2] - 103:2, 104:22 homes [18] - 37:9, 37:10, 70:16, 75:20, 77:8, 77:11, 79:17, 79:19, 80:7, 81:5, 81:14, 82:14, 104:24, 105:2, 105:3, 107:18, 107:22, 108:6 hope [2] - 101:14, 139:9 horse [1] - 113:18 horses [3] - 122:12, 125:24, 143:14 host [3] - 17:4, 17:11, 95:3 hotbed [2] - 77:3, 77:24 hottest [1] - 67:4 hour [2] - 84:20, 120:7 hours [10] - 17:19, 51:3, 52:20, 61:24, 62:11, 67:2, 119:18, 119:19, 120:16, 120:17 house [4] - 28:19, 79:7, 129:20, 130:1 housekeeping [2] - 13:4, 150:1 houses [3] - 128:12, 130:9, 146:17 HOUT [14] - 4:24, 151:22, 151:24, 152:6, 152:22, 153:2, 154:3, 154:6, 154:9, 155:1, 155:3, 155:7, 155:14, 156:8 Hout [1] - 155:14 huge [1] - 129:13 hum [1] - 41:15 human [2] - 52:24, 143:18 humans [2] - 143:9, 144:2 hundred [2] - 25:12, 66:5 hundreds [1] - 129:16 husband [1] - 129:10 I idea [1] - 153:10 identified [3] - 16:5, 59:23, 98:4 identify [1] - 137:10 IDNR [1] - 35:6 IGLESIAS [12] - 4:5, 46:14, 46:17, 47:21, 105:8, 105:11, 105:17, 107:24, 108:22, 109:18, 121:13, 121:15 Iglesias [3] - 46:18, 46:22, 84:10 IHPA [1] - 35:5 II [7] - 26:16, 26:18, 27:7, 27:8, 42:21, 54:23, 54:24 III [4] - 3:7, 27:9, 42:22 ILLINOIS [2] - 1:7, 160:1 Illinois [48] - 1:18, 3:4, 3:8, 3:13, 3:24, 9:10, 12:2, 13:13, 34:24, 35:7, 35:11, 35:23, 35:24, 38:12, 38:15, 42:2, 45:3, 52:2, 52:3, 53:20, 54:2, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 10 54:5, 54:14, 54:15, 61:13, 66:2, 66:17, 69:5, 70:4, 70:7, 70:22, 71:1, 71:17, 75:13, 76:5, 89:9, 91:20, 97:1, 100:19, 106:7, 106:8, 107:10, 108:1, 111:16, 137:24, 160:4, 161:4, 161:9 image [5] - 47:14, 47:15, 47:21, 48:23, 50:21 images [1] - 49:10 imagine [1] - 153:7 immediate [1] - 138:3 immediately [1] - 81:5 impact [27] - 35:19, 36:13, 36:19, 36:23, 37:3, 37:11, 37:24, 39:14, 60:12, 60:18, 64:3, 73:2, 75:23, 76:22, 78:8, 82:14, 86:19, 122:9, 122:10, 122:15, 123:7, 125:12, 134:24, 139:3, 145:8, 149:14, 149:15 impacted [1] - 11:2 impacting [3] - 39:15, 88:13, 125:20 impacts [11] - 33:12, 33:16, 33:20, 33:22, 36:1, 38:8, 39:20, 59:22, 60:12, 93:5 implies [2] - 52:7, 52:13 importance [1] - 35:14 important [4] - 32:19, 33:22, 34:18, 107:7 importantly [1] - 26:22 improve [3] - 23:23, 24:7, 125:11 improvement [5] - 16:9, 16:16, 24:11, 39:13, 60:16 improvements [10] - 16:1, 18:8, 22:18, 22:19, 23:12, 26:24, 28:1, 40:17, 118:22, 118:23 improves [1] - 20:20 IN [1] - 161:3 in-lieu [1] - 60:15 inbound [1] - 63:9 incentive [1] - 70:17 incident [3] - 102:6, 102:12, 102:13 incidental [1] - 56:17 include [5] - 9:24, 19:2, 74:8, 102:4, 143:20 included [7] - 11:8, 31:12, 31:21, 36:16, 83:12, 123:8, 154:12 includes [4] - 10:1, 18:11, 94:21, 101:24 including [3] - 9:9, 81:22, 93:1 income [1] - 74:19 inconsistent [1] - 10:18 Incorporated [1] - 61:4 incorporated [4] - 17:5, 18:16, 22:21, 158:5 incorrect [1] - 108:7 increase [7] - 21:15, 21:21, 22:19, 43:21, 96:24, 137:3, 138:1 increased [9] - 18:23, 43:3, 43:4, 43:6, 103:11, 129:2, 138:4, 138:5 increases [7] - 21:9, 21:10, 43:9, 43:16, 103:5, 137:12, 137:21 increasing [1] - 21:1 indepe [1] - 148:13 independent [4] - 101:3, 148:1, 148:2, 148:13 INDEX [1] - 4:1 Index [1] - 81:12 index [1] - 81:17 indicate [1] - 49:17 indicated [1] - 43:14 indirect [1] - 74:11 indirectly [1] - 160:20 individual [1] - 70:16 individually [1] - 85:6 individuals [3] - 76:20, 132:24, 146:3 induced [1] - 74:11 indus [1] - 11:15 industrial [13] - 27:17, 92:12, 106:24, 124:11, 124:12, 124:14, 124:20, 125:19, 149:8, 149:9, 149:12, 149:21 Industrial [1] - 11:16 industry [4] - 46:23, 55:20, 61:12, 91:20 inflation [1] - 68:3 inflation-adjusted [1] - 68:3 information [17] - 18:12, 29:19, 34:14, 59:19, 77:4, 92:15, 93:8, 102:12, 130:3, 130:5, 132:12, 132:17, 142:5, 142:13, 142:21, 144:19, 145:4 infrastructure [8] - 14:12, 24:16, 25:24, 26:24, 33:4, 42:15, 44:14, 77:14 infrequent [1] - 123:4 inhibitor [2] - 156:9, 156:10 initial [3] - 152:13, 152:14, 152:18 inner [1] - 57:23 inputs [1] - 38:5 insects [1] - 157:6 inside [2] - 156:11, 156:14 inspections [2] - 54:14, 58:8 install [3] - 42:21, 55:1, 55:10 installations [1] - 15:17 instead [4] - 50:15, 95:19, 134:17, 135:5 Institute [3] - 61:7, 62:4, 76:16 institutional [1] - 11:23 Institutional [2] - 12:7, 12:10 institutional-related [1] - 11:23 integral [1] - 57:19 integrated [1] - 56:9 intend [1] - 32:5 intended [4] - 10:13, 15:22, 52:7, 52:16 intensive [1] - 56:5 interconnecting [1] - 72:5 interconnection [1] - 136:6 interest [1] - 138:6 interested [1] - 160:19 interesting [3] - 21:6, 35:20, 147:22 interior [1] - 23:16 internal [1] - 86:19 internet [5] - 76:10, 77:17, 78:7, 96:15, 141:12 interrupts [1] - 6:19 intersecting [1] - 85:15 intersection [4] - 63:14, 90:5, 90:6, 91:13 intersections [2] - 64:4, 91:7 introduces [1] - 17:10 intuition [1] - 51:7 inventory [1] - 57:2 investment [1] - 27:11 Investments [1] - 59:2 invite [1] - 5:8 involved [1] - 141:17 Iowa [3] - 37:19, 80:4, 99:9 IPCB [12] - 47:9, 48:20, 50:9, 51:4, 106:14, 106:17, 108:2, 110:24, 111:7, 111:11, 123:12, 123:20 ironic [1] - 96:16 irrelevant [2] - 99:21, 100:3 isolated [2] - 60:3, 65:6 Isolation [1] - 121:13 isolation [3] - 88:24, 121:15, 121:16 issuance [1] - 102:3 issue [8] - 40:4, 53:21, 67:12, 121:12, 121:18, 123:5, 153:14, 153:17 issued [2] - 34:15, 59:12 issues [5] - 30:21, 30:23, 30:24, 31:2, 82:24 issuing [1] - 60:6 IT [1] - 74:9 ITE [1] - 61:8 item [5] - 9:17, 11:21, 13:9, 87:3, 124:24 items [2] - 29:22, 49:1 iteration [1] - 30:19 itself [4] - 57:20, 82:4, 123:6, 137:24 IV [2] - 55:2, 55:7 J Jackson [2] - 3:8, 13:24 jamming [1] - 116:17 JAVIER [2] - 4:9, 60:23 Javier [2] - 36:14, 61:3 JDs [1] - 60:6 Jersey [1] - 66:4 Joan [1] - 112:12 JOAN [2] - 4:18, 112:8 job [5] - 7:1, 67:6, 71:6, 82:12, 101:7 job's [1] - 74:19 jobs [8] - 74:8, 74:9, 74:11, 74:12, 74:17, 75:1, 75:4 Johnson [1] - 42:2 Joliet [2] - 96:10, 99:9 JOSE [22] - 4:14, 93:11, 93:14, 93:22, 94:5, 94:16, 94:19, 95:9, 95:13, 96:2, 96:15, 96:17, 96:21, 97:15, 97:23, 98:9, 98:16, 98:23, 99:19, 100:5, 100:15, 101:10 Jose [1] - 93:14 journals [1] - 76:10 judging [1] - 80:19 July [2] - 59:12, 59:13 June [3] - 1:21, 12:14, 161:4 jurisdiction [6] - 39:8, 49:20, 50:1, 105:22, 105:23, 106:5 jurisdictional [3] - 38:24, 39:6, 60:5 K Kasper [2] - 84:3, 134:6 KASPER [16] - 4:13, 83:23, 84:2, 84:7, 84:16, 84:18, 85:10, 87:7, 88:23, 89:24, 90:3, 91:22, 92:1, 92:4, 93:9, 133:8 KATHLEEN [1] - 3:3 keep [5] - 95:14, 101:16, 117:19, 124:7, 131:15 keeping [1] - 54:9 KenCom [1] - 102:15 Kendall [5] - 11:19, 11:20, 13:12, 102:2, 131:3 kennels [1] - 113:22 kill [1] - 157:4 killed [1] - 113:13 kilowatts [1] - 70:5 kind [27] - 15:2, 17:7, 17:19, 20:1, 22:9, 24:20, 25:21, 28:24, 29:10, 32:14, 32:15, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 11 39:21, 42:23, 46:10, 50:16, 55:24, 56:11, 57:9, 71:1, 76:8, 76:22, 79:20, 79:24, 145:23, 153:11, 156:17, 156:20 kinds [1] - 71:9 KLOA [2] - 36:14, 61:3 knowing [1] - 29:17 knowledge [5] - 88:19, 95:22, 98:16, 98:19, 101:14 known [1] - 96:12 Krysti [7] - 2:11, 14:5, 15:19, 19:23, 41:17, 131:24, 142:11 Krysti's [1] - 31:17 L label [1] - 15:1 labeled [1] - 49:3 lack [1] - 131:12 laid [1] - 54:11 Lake [2] - 12:1, 128:5 LALIME [12] - 4:17, 110:5, 110:7, 110:9, 110:12, 122:20, 123:14, 141:24, 142:10, 143:11, 144:14, 150:11 Lalime [2] - 109:22, 110:13 Lancaster [1] - 79:13 land [30] - 9:9, 9:18, 9:21, 10:2, 10:6, 10:10, 10:19, 10:21, 12:8, 14:17, 106:18, 106:22, 106:23, 107:5, 107:20, 108:9, 108:11, 108:13, 110:20, 110:23, 110:24, 111:1, 111:11, 123:6, 124:17, 135:18, 143:20, 149:7 landfills [1] - 76:1 landscape [6] - 24:13, 25:2, 25:15, 25:16, 33:8, 42:8 landscaping [5] - 24:23, 25:1, 27:2, 33:10, 104:2 Lane [1] - 3:12 lane [7] - 63:9, 63:10, 63:16, 63:20, 84:9, 86:2, 88:10 lanes [3] - 63:9, 88:5, 88:8 large [9] - 15:10, 15:11, 20:19, 69:20, 71:19, 71:21, 78:14, 78:19, 79:9 largely [5] - 45:6, 65:6, 65:16, 97:5, 152:10 larger [7] - 18:15, 23:16, 27:10, 56:11, 66:2, 103:16, 135:23 LASALLE [1] - 160:2 last [13] - 11:9, 11:22, 17:15, 25:19, 38:22, 54:20, 82:9, 130:23, 139:7, 147:23, 147:24, 149:5, 157:16 lastly [1] - 70:24 lately [1] - 29:18 LAURA [2] - 4:7, 55:13 Laura [1] - 55:16 lay [1] - 32:5 layout [4] - 18:7, 28:6, 48:24, 112:5 leading [1] - 14:10 Leaf [1] - 11:10 leak [2] - 57:23, 57:24 learn [1] - 71:3 least [3] - 107:1, 132:7, 149:17 leave [1] - 6:20 leaves [1] - 157:5 leaving [1] - 154:15 Leesa [2] - 118:8, 134:6 LEESA [2] - 4:19, 118:5 left [18] - 22:6, 22:24, 23:13, 27:15, 45:19, 50:18, 63:10, 63:15, 63:17, 84:9, 85:13, 86:2, 86:6, 86:17, 88:8, 88:10, 88:13, 148:6 left-turn [7] - 63:10, 63:15, 84:9, 85:13, 86:2, 88:8, 88:10 Legacy [1] - 84:3 legal [3] - 30:5, 31:23, 32:13 Leland [1] - 161:4 less [7] - 64:22, 82:3, 86:22, 87:24, 147:20, 157:10, 157:12 lesser [2] - 36:15, 64:24 letter [6] - 34:22, 36:11, 39:2, 59:11, 133:4, 136:15 lettuce [1] - 116:1 level [19] - 17:16, 17:20, 18:4, 51:10, 55:24, 64:19, 83:4, 84:12, 84:21, 85:12, 85:17, 86:14, 102:19, 106:10, 111:20, 122:21, 138:10, 143:23, 149:13 levels [14] - 47:4, 48:16, 48:17, 48:18, 49:5, 49:6, 49:20, 50:5, 50:15, 51:15, 67:2, 111:14, 112:1, 123:2 licensed [3] - 45:3, 76:5, 76:6 lie [1] - 106:3 lieu [4] - 20:13, 39:12, 40:1, 60:15 life [4] - 116:20, 122:12, 153:3, 153:24 likely [1] - 137:5 likewise [1] - 7:8 limit [7] - 6:16, 105:2, 105:7, 106:11, 111:15, 111:20, 112:4 limits [8] - 50:9, 106:2, 107:16, 110:19, 110:22, 111:7, 111:10, 111:13 line [2] - 12:10, 43:9 linear [1] - 82:3 lines [4] - 65:16, 66:13, 135:13, 136:6 LINES [3] - 4:12, 75:7, 75:10 Lines [2] - 36:24, 75:11 link [1] - 93:7 links [1] - 148:11 LINNANE [2] - 9:2, 158:22 Linnane [3] - 2:5, 9:1, 158:21 Lisle [1] - 3:4 list [2] - 11:1, 148:21 listed [6] - 11:7, 17:3, 57:3, 137:22, 144:16, 158:2 listening [2] - 127:2, 150:20 Listing [1] - 77:6 lit [1] - 116:2 literally [1] - 93:15 live [14] - 69:11, 69:12, 84:3, 93:15, 104:21, 112:12, 113:19, 114:10, 114:19, 115:16, 127:24, 146:9, 146:11, 146:13 lived [2] - 129:19, 146:24 lives [1] - 146:24 livestock [3] - 122:8, 123:8, 125:21 living [6] - 53:4, 81:1, 107:21, 113:21, 146:6, 147:1 LLC [4] - 3:15, 8:7, 13:10, 134:6 load [13] - 29:1, 119:19, 120:1, 120:7, 120:8, 120:9, 120:10, 120:11, 136:18, 152:9, 152:15, 154:12, 155:1 loading [1] - 45:18 loads [3] - 67:7, 87:16, 120:9 local [9] - 56:22, 57:4, 66:9, 102:19, 132:7, 135:18, 145:8, 149:14, 156:16 localized [1] - 39:13 located [2] - 25:1, 39:4 location [5] - 22:19, 24:23, 26:20, 27:22, 102:7 locations [5] - 32:5, 38:10, 44:8, 51:14, 106:1 Loftus [1] - 11:14 log [1] - 54:18 Lombard [1] - 61:10 long-term [2] - 14:22, 124:22 look [29] - 20:11, 20:20, 22:15, 22:23, 32:22, 32:24, 39:8, 39:9, 43:10, 45:22, 50:15, 78:12, 87:3, 94:16, 95:6, 97:14, 103:14, 111:7, 113:12, 114:2, 116:19, 117:2, 117:3, 127:11, 130:21, 137:15, 142:7, 144:8, 152:5 looked [18] - 21:7, 33:5, 33:6, 33:9, 36:1, 37:3, 37:8, 37:17, 38:4, 44:6, 69:14, 78:5, 79:17, 79:21, 80:7, 91:11, 124:11, 130:17 looking [16] - 14:17, 14:20, 22:6, 28:14, 28:23, 33:14, 34:17, 37:18, 37:19, 37:21, 38:18, 38:19, 80:14, 80:18, 130:7, 140:24 looks [4] - 27:12, 37:6, 78:4, 82:12 loop [8] - 152:12, 153:15, 154:21, 155:24, 156:8, 156:12, 156:15, 157:8 lose [1] - 115:21 lost [1] - 35:22 loud [1] - 125:4 louder [1] - 119:12 love [5] - 41:9, 99:12, 99:13, 128:22 lovely [1] - 113:17 lower [4] - 38:20, 68:13, 90:21, 157:11 lowering [1] - 82:10 LTD [2] - 3:2, 3:7 lube [1] - 56:13 M M-2 [4] - 11:15, 17:22, 18:19, 124:8 ma'am [2] - 141:13, 146:20 Ma'am [1] - 139:16 MacArthur [1] - 112:12 MACEK [4] - 4:21, 126:14, 126:17, 150:17 Macek [7] - 126:10, 126:12, 126:13, 150:2, 150:17, 150:18 mACEK [1] - 126:12 machine [1] - 160:8 main [3] - 33:1, 45:16, 84:11 maintain [1] - 66:21 maintained [1] - 18:15 maintaining [1] - 54:18 maintenance [7] - 48:8, 51:1, 52:12, 56:17, 74:10, 119:17, 120:6 major [9] - 8:8, 13:14, 18:14, 23:18, 30:4, 31:24, 40:18, 42:4, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 12 85:16 majority [1] - 45:2 makeup [1] - 154:10 manage [2] - 56:2 managed [2] - 57:7, 101:2 management [7] - 55:23, 57:6, 57:9, 71:9, 74:10, 92:14, 101:4 mandatory [1] - 134:13 maneuver [1] - 86:12 manner [1] - 23:23 manners [1] - 54:6 manual [1] - 62:5 manufacturers [1] - 137:18 manufacturing [4] - 17:23, 27:17, 124:14, 149:13 map [4] - 9:9, 10:11, 10:21, 50:13 maps [2] - 34:17, 35:10 March [9] - 61:21, 68:2, 68:4, 68:6, 90:5, 91:6, 91:22, 91:24, 93:3 Marge [1] - 2:5 margin [3] - 66:24, 67:10, 100:24 MARK [4] - 4:10, 4:16, 64:8, 104:18 Mark [4] - 35:21, 36:1, 64:12, 138:15 mark [2] - 104:21, 105:9 market [9] - 28:23, 66:3, 68:10, 68:15, 69:9, 69:10, 83:1, 97:6, 98:6 marketability [1] - 81:20 markets [1] - 68:23 Marlys [1] - 2:16 Marquette [1] - 61:5 MARTIN [9] - 4:16, 104:18, 104:21, 105:10, 107:17, 108:14, 108:20, 109:17, 112:6 Martin [1] - 104:21 Maryland [1] - 66:4 Mason [1] - 77:1 mass [1] - 42:18 massive [1] - 27:20 material [4] - 40:17, 55:23, 64:14, 102:5 materials [7] - 29:23, 32:22, 45:6, 56:1, 56:2, 132:8, 148:10 matter [3] - 6:13, 12:17, 17:12 matters [2] - 5:19, 102:16 maximum [5] - 48:16, 68:19, 70:5, 100:24, 107:16 McARTHUR [3] - 4:18, 112:8, 112:11 McCree [8] - 4:15, 102:22, 103:1, 103:19, 103:23, 104:8, 104:17 McMurtry [1] - 105:4 mean [17] - 36:4, 51:8, 70:2, 86:23, 90:14, 90:19, 109:12, 116:4, 120:3, 122:13, 125:22, 126:1, 140:6, 142:5, 142:10, 144:6, 148:24 meaning [4] - 64:23, 65:22, 66:22, 126:1 means [4] - 70:2, 94:10, 157:11, 160:8 meant [2] - 53:17, 153:9 measurable [1] - 76:15 measure [1] - 145:23 measurement [2] - 38:9, 38:18 measurements [1] - 51:11 measures [1] - 81:12 mechanicals [1] - 15:7 media [2] - 40:11, 141:6 median [1] - 88:12 medians [1] - 80:19 medicine [1] - 128:22 meeds [1] - 67:13 meet [11] - 30:12, 31:18, 38:14, 47:9, 50:7, 67:13, 98:6, 100:24, 101:8, 112:4 meeting [6] - 5:7, 93:2, 104:16, 127:15, 132:13, 159:10 megawatt [2] - 97:19, 136:20 megawatts [7] - 68:19, 68:22, 70:3, 136:12, 136:18, 139:1 member [4] - 6:3, 6:18, 14:21, 61:7 MEMBER [3] - 96:1, 131:17, 141:3 members [4] - 5:9, 6:21, 7:3, 51:6 memo [6] - 30:24, 31:2, 36:23, 37:6, 79:10, 148:22 memos [1] - 9:24 Menards [4] - 27:18, 28:4, 91:9, 114:20 Mendez [1] - 2:13 mention [1] - 63:7 mentioned [15] - 10:5, 19:4, 19:19, 57:15, 58:3, 64:4, 75:23, 81:23, 87:19, 88:4, 88:5, 89:5, 92:10, 147:9, 149:7 met [3] - 53:23, 111:13, 149:11 metal [2] - 23:7, 45:8 methodology [2] - 76:3, 76:8 methods [1] - 49:16 Metropolitan [2] - 62:23, 89:7 Michael [1] - 2:7 Michigan [2] - 12:2, 128:5 microbiocide [1] - 157:1 microbiocides [2] - 156:9, 156:13 microorganisms [2] - 156:14, 157:5 microphone [3] - 85:3, 86:4, 121:1 Microsoft [1] - 78:14 middle [3] - 47:14, 86:5, 86:7 Midwest [1] - 37:16 might [9] - 56:10, 61:23, 78:2, 89:12, 120:18, 123:23, 125:12, 138:24, 145:9 MIKE [2] - 4:4, 44:20 Mike [2] - 44:23, 48:2 MILAN [8] - 4:9, 60:23, 61:2, 85:12, 87:17, 89:5, 90:10, 91:24 Milan [2] - 36:14, 61:3 mile [9] - 11:19, 79:18, 80:8, 81:14, 146:14, 146:17, 146:21 miles [12] - 66:13, 78:17, 79:14, 79:20, 80:5, 80:10, 145:16, 145:19, 145:20, 147:10, 147:12, 147:15 Miles [1] - 145:17 million [21] - 19:4, 19:5, 19:6, 19:8, 19:16, 34:2, 34:9, 34:10, 34:12, 66:10, 69:22, 70:13, 71:13, 73:16, 78:19, 79:5, 81:22, 131:7, 134:10, 135:24, 136:2 millions [1] - 129:16 mind [4] - 66:1, 95:14, 101:16, 124:7 mine [2] - 151:12, 151:13 minimal [2] - 48:6, 56:20 minimally [1] - 54:23 minimum [1] - 55:10 minor [10] - 15:21, 15:22, 16:7, 18:2, 20:3, 20:5, 20:8, 22:7, 60:4, 85:15 Minute [1] - 2:16 minute [2] - 20:22, 133:13 minutes [4] - 17:9, 133:15, 133:16, 133:19 misconception [1] - 153:4 miss [2] - 11:13, 133:24 Miss [4] - 150:2, 150:18, 150:24 missed [1] - 144:24 misspoke [1] - 133:19 mitigate [3] - 47:24, 49:13, 69:6 mitigation [3] - 47:1, 47:8, 60:14 mm-hum [1] - 41:15 model [3] - 38:7, 38:11, 47:7 modeled [2] - 47:5, 48:23 modeling [1] - 49:1 moderation [1] - 69:3 modern [1] - 29:4 modifications [2] - 16:2, 16:22 modified [1] - 9:9 Moines [1] - 80:6 moment [1] - 144:22 Monday [2] - 90:16, 90:20 money [4] - 114:9, 117:8, 117:13, 131:9 month [4] - 68:1, 69:15, 82:18, 120:8 monthly [2] - 67:24, 154:11 morning [3] - 62:11, 91:3, 150:19 most [9] - 13:2, 13:3, 19:17, 68:23, 88:7, 90:21, 138:20, 151:10, 151:11 mostly [3] - 46:24, 103:3, 126:18 motion [6] - 7:20, 8:3, 8:10, 8:14, 158:13, 158:18 move [7] - 13:8, 27:9, 42:23, 60:20, 100:2, 130:7, 147:21 move-forward [1] - 100:2 moved [4] - 7:23, 8:11, 128:15, 158:15 movement [4] - 63:21, 85:13, 88:8, 88:15 movements [2] - 63:12, 88:3 moving [3] - 16:23, 20:16, 24:16 MR [114] - 3:7, 9:14, 9:17, 13:23, 35:23, 35:24, 41:4, 41:6, 41:11, 41:13, 41:16, 41:23, 43:13, 44:23, 46:12, 46:17, 47:21, 51:22, 61:2, 64:11, 73:5, 75:10, 82:20, 82:23, 83:15, 84:2, 84:6, 84:7, 84:16, 84:18, 85:2, 85:5, 85:10, 85:12, 87:7, 87:17, 88:23, 89:5, 89:24, 90:3, 90:10, 91:22, 91:24, 92:1, 92:4, 93:9, 94:17, 95:2, 95:11, 96:13, 96:16, 96:18, 96:22, 97:22, 98:1, 98:12, 98:18, 99:18, 99:20, 100:12, 100:18, 103:11, 103:22, 104:6, 104:21, 105:8, 105:10, 105:11, 105:17, 107:17, 107:24, 108:14, 108:20, 108:22, 109:17, 109:18, 112:6, 112:8, 118:12, 118:21, 119:15, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 13 120:3, 121:11, 121:13, 121:14, 121:15, 121:16, 122:5, 122:13, 123:10, 124:6, 133:8, 134:18, 135:19, 136:15, 137:9, 138:12, 146:13, 150:17, 151:22, 152:6, 152:22, 153:2, 154:3, 154:6, 154:9, 155:1, 155:3, 155:7, 155:14, 156:8, 157:23, 158:2, 158:8 MS [98] - 3:3, 3:12, 8:1, 8:4, 8:15, 8:17, 8:19, 8:21, 8:23, 9:1, 9:3, 41:5, 41:19, 43:12, 55:16, 58:14, 83:13, 85:3, 92:5, 92:8, 93:21, 94:3, 94:14, 101:18, 101:21, 103:1, 103:19, 103:23, 104:8, 104:14, 104:17, 105:16, 108:18, 109:19, 110:5, 110:6, 110:7, 110:8, 110:12, 118:8, 118:13, 119:1, 119:5, 119:7, 119:21, 120:5, 120:6, 120:11, 120:13, 120:14, 120:15, 120:20, 120:24, 122:18, 122:20, 123:14, 126:12, 126:17, 131:20, 132:2, 132:5, 133:17, 134:4, 135:2, 136:4, 136:19, 139:5, 139:21, 139:24, 140:3, 141:2, 141:18, 141:24, 142:10, 143:11, 144:14, 145:10, 145:15, 145:17, 145:22, 147:7, 148:3, 148:15, 148:17, 148:19, 149:1, 149:4, 150:7, 150:9, 150:11, 155:18, 158:19, 158:21, 158:23, 159:1, 159:3, 159:5, 159:7 multi [3] - 66:8, 87:13, 97:7 multi-state [1] - 66:8 multi-year [2] - 87:13, 97:7 multiple [2] - 81:23, 137:23 Multiple [1] - 77:6 multiplier [1] - 74:22 multiply [1] - 149:16 Municipal [1] - 9:10 municipalities [1] - 62:7 Musk [1] - 96:7 must [3] - 6:24, 66:21, 102:3 muted [1] - 143:11 N NAAQS [2] - 52:23, 53:18 naive [1] - 139:4 name [19] - 5:23, 41:23, 46:17, 46:21, 51:22, 52:7, 52:13, 58:14, 61:2, 64:11, 72:20, 84:2, 93:14, 94:4, 109:21, 118:8, 139:17, 140:7, 155:13 named [1] - 131:1 names [1] - 142:2 Naperville [4] - 3:8, 14:1, 146:15, 146:19 national [3] - 52:22, 53:14, 75:17 National [1] - 53:12 natural [1] - 34:14 Natural [2] - 34:24, 35:7 near [6] - 31:14, 143:13, 146:6, 146:11, 146:24, 147:1 nearest [7] - 145:5, 145:8, 145:10, 147:8, 147:11, 147:14 nearly [2] - 103:7, 149:15 necessarily [2] - 135:4, 144:12 necessary [5] - 18:5, 18:12, 27:5, 42:15, 59:21 need [17] - 30:21, 41:17, 42:15, 50:11, 59:19, 63:3, 85:18, 91:3, 102:10, 116:5, 121:7, 126:22, 133:15, 139:22, 140:4, 149:11, 154:23 needed [5] - 16:3, 44:15, 109:4, 153:17, 156:23 needing [1] - 33:19 needs [7] - 10:8, 51:1, 57:6, 57:7, 86:11, 135:3, 153:4 negative [6] - 37:11, 37:24, 77:22, 78:8, 80:22, 122:15 neighbor [3] - 82:1, 113:16, 125:15 neighbors [3] - 24:3, 103:9, 122:11 nerve [1] - 129:12 NESHAP [1] - 54:22 never [2] - 94:1, 153:23 new [17] - 40:10, 40:13, 67:7, 68:22, 69:3, 70:3, 99:21, 103:9, 104:6, 113:11, 126:22, 126:23, 137:17, 137:19, 137:20, 138:8 New [2] - 11:10, 53:11 newspaper [5] - 132:7, 132:10, 140:19, 140:24, 141:2 next [36] - 13:8, 15:19, 19:22, 21:5, 24:12, 29:6, 41:17, 44:12, 44:19, 45:12, 46:7, 48:9, 48:20, 50:6, 50:12, 52:3, 52:20, 58:22, 61:10, 62:1, 63:4, 65:17, 67:15, 70:7, 70:23, 72:16, 73:17, 78:9, 81:1, 81:2, 102:21, 115:15, 115:16, 127:11, 128:10, 153:9 nice [3] - 25:10, 78:23, 117:22 night [4] - 67:5, 116:3, 136:21, 139:10 nighttime [5] - 49:22, 50:19, 111:21, 119:12, 119:19 nine [5] - 14:14, 15:4, 19:11, 46:24, 128:1 NOBLE [42] - 8:1, 41:5, 41:19, 43:12, 83:13, 85:3, 92:5, 92:8, 101:18, 101:21, 104:14, 105:16, 108:18, 109:19, 110:6, 110:8, 119:5, 120:24, 122:18, 131:20, 132:2, 132:5, 133:17, 139:21, 139:24, 140:3, 141:2, 141:18, 145:10, 145:15, 145:17, 145:22, 147:7, 148:3, 148:15, 148:17, 148:19, 149:1, 149:4, 150:7, 150:9, 155:18 Noble [1] - 2:11 nobody [5] - 87:5, 113:10, 113:22, 117:15, 146:24 noise [53] - 38:2, 47:4, 47:10, 48:14, 48:15, 48:17, 48:24, 49:2, 49:5, 49:6, 49:13, 49:24, 50:5, 50:9, 50:14, 51:10, 51:14, 82:2, 82:13, 104:23, 104:24, 105:19, 106:10, 106:19, 107:5, 107:13, 107:16, 107:19, 108:16, 108:24, 109:1, 109:14, 109:19, 112:1, 112:16, 113:23, 114:15, 117:16, 117:19, 121:8, 122:16, 128:10, 128:13, 128:14, 142:22, 142:24, 143:16, 143:17, 149:10, 149:13, 149:15 noises [4] - 38:21, 113:1, 125:4, 128:16 nominal [1] - 81:3 nominally [1] - 28:8 non [2] - 39:6, 57:11 non-generator [1] - 57:11 non-jurisdictional [1] - 39:6 nonsense [1] - 129:22 normally [2] - 87:22, 90:15 north [7] - 26:19, 27:15, 27:20, 42:11, 61:17, 80:9, 85:24 north-south [1] - 27:15 northbound [3] - 63:18, 63:19, 88:15 northern [7] - 37:8, 66:2, 70:22, 77:1, 77:3, 78:4, 100:19 northwest [2] - 43:14, 44:17 notably [1] - 18:14 note [1] - 22:8 noted [3] - 60:2, 60:13, 79:7 notes [3] - 21:11, 29:9, 118:14 nothing [6] - 34:20, 35:1, 35:14, 123:19, 131:2, 157:17 notice [1] - 11:5 noticed [3] - 9:23, 10:24, 130:23 notification [1] - 132:3 notifications [2] - 132:24, 140:20 NRI [1] - 34:20 NSPS [2] - 54:12, 54:22 nuclear [1] - 99:17 number [8] - 7:21, 15:16, 34:4, 56:21, 62:2, 101:1, 105:14, 149:18 numbers [13] - 43:3, 43:17, 43:21, 50:7, 51:7, 68:18, 70:16, 70:19, 128:21, 128:22, 144:21, 153:7 nuts [1] - 113:9 O Oak [1] - 42:1 objection [1] - 135:15 obligation [2] - 72:1, 132:6 observing [1] - 119:10 obviously [16] - 20:24, 24:15, 27:11, 27:22, 38:20, 57:21, 75:2, 76:5, 77:2, 77:24, 78:12, 83:5, 83:8, 137:17, 142:9, 143:2 occupancy [1] - 102:9 occupant [2] - 154:12, 155:1 occupying [1] - 152:9 occur [2] - 61:24, 74:12 occurred [1] - 37:22 octave [3] - 38:17, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 14 38:19, 50:10 October [2] - 11:21, 90:7 OF [3] - 1:6, 160:1, 160:2 off-site [1] - 60:16 offers [1] - 81:23 office [5] - 28:17, 29:4, 42:3, 152:9, 155:9 offset [3] - 39:13, 39:20, 125:12 often [3] - 56:21, 87:13, 96:17 Ohio [3] - 79:13, 99:10 oil [2] - 56:13, 117:23 old [1] - 30:10 Omaha [1] - 78:17 on-site [3] - 56:8, 74:8, 92:16 once [11] - 5:16, 7:11, 27:7, 61:24, 63:1, 83:17, 120:10, 120:12, 129:1, 152:15, 153:8 One [1] - 91:15 one [98] - 5:22, 8:1, 8:6, 11:4, 11:5, 11:10, 11:24, 12:3, 18:22, 19:3, 22:8, 24:10, 27:1, 29:8, 29:16, 29:22, 30:22, 32:18, 35:20, 39:11, 43:2, 43:4, 43:5, 43:12, 43:13, 46:8, 48:9, 48:10, 50:12, 59:16, 60:4, 60:14, 63:9, 66:1, 70:20, 71:20, 73:3, 74:24, 75:22, 76:8, 76:23, 78:14, 78:16, 79:20, 80:1, 80:8, 86:12, 86:22, 86:24, 87:2, 87:3, 88:22, 90:5, 90:6, 91:2, 92:7, 94:7, 94:8, 95:19, 96:19, 97:19, 99:9, 101:21, 103:14, 109:23, 111:6, 116:21, 119:23, 120:4, 121:14, 124:3, 125:1, 125:3, 125:5, 127:1, 127:2, 130:3, 130:18, 130:19, 131:13, 135:24, 144:12, 144:23, 146:21, 146:24, 147:11, 147:15, 147:23, 147:24, 149:16, 151:10, 151:19, 155:18, 155:23, 156:16 one-story [2] - 24:10, 29:16 one-year [1] - 59:16 ones [3] - 77:9, 140:18, 151:10 ongoing [1] - 72:6 online [3] - 69:3, 109:20, 145:22 open [3] - 7:20, 20:21, 23:15 opened [2] - 79:1, 79:5 operate [5] - 14:14, 14:22, 52:16, 52:19, 84:11 operates [5] - 66:19, 66:20, 69:10, 71:22, 101:4 operating [5] - 50:20, 52:10, 65:16, 121:24, 122:2 operation [3] - 56:12, 66:11, 101:23 operational [1] - 87:8 operations [8] - 56:3, 69:21, 87:14, 88:2, 95:4, 121:20, 121:21, 153:21 operator [2] - 14:11, 14:19 opinion [1] - 98:3 opportunities [1] - 104:10 opportunity [1] - 104:15 opposition [2] - 7:19, 83:20 ops [1] - 58:9 order [3] - 7:16, 26:2, 62:17 orderly [1] - 6:10 ordinance [8] - 47:10, 48:19, 49:19, 59:15, 60:10, 121:10, 122:4, 123:2 Ordinance [1] - 104:1 ordinances [9] - 39:9, 40:3, 123:18, 123:20, 123:21, 124:2, 143:16, 143:18, 149:10 organize [1] - 64:15 orientation [3] - 21:3, 27:14, 44:4 oriented [1] - 23:19 original [3] - 19:15, 21:16, 160:22 originally [5] - 19:10, 19:12, 23:14, 26:15, 32:10 ornamental [1] - 25:4 ORR [1] - 3:3 otherwise [1] - 12:11 OTTOSEN [1] - 3:2 ourselves [1] - 142:17 outage [3] - 52:9, 121:6, 123:5 outbound [2] - 63:9, 63:12 outcome [1] - 160:20 outer [1] - 57:23 outlined [1] - 10:19 outside [9] - 23:3, 23:15, 24:6, 43:20, 43:22, 107:19, 142:2, 154:17, 154:19 overall [5] - 22:20, 24:10, 81:20, 98:5, 111:20 overlay [2] - 19:24, 33:6 overstory [1] - 25:6 overview [4] - 17:17, 17:20, 47:2, 83:4 own [8] - 14:14, 14:15, 37:15, 76:13, 104:23, 105:6, 136:11, 136:23 owner [1] - 14:19 owner-operator [1] - 14:19 owners [1] - 77:18 owns [1] - 138:20 P p.m [6] - 1:22, 5:3, 61:22, 91:5, 159:14 package [1] - 32:18 packet [3] - 11:1, 82:18, 132:8 pad [2] - 26:8, 42:19 page [4] - 50:6, 105:13, 109:12, 127:16 PAGE [1] - 4:1 Pages [1] - 160:7 paid [6] - 68:4, 68:5, 70:17, 74:15, 118:9, 134:14 pair [1] - 24:8 panel [1] - 45:8 paper [3] - 78:3, 78:6, 112:21 parallel [1] - 65:16 paraphrasing [1] - 136:7 pare [1] - 140:17 park [1] - 149:21 Park [2] - 46:19, 94:8 parking [1] - 18:9 Parkway [2] - 61:17, 91:7 part [15] - 11:6, 22:21, 66:2, 81:21, 86:6, 90:21, 92:13, 92:20, 102:16, 104:12, 109:10, 118:19, 119:3, 130:12, 137:6 particular [4] - 53:7, 77:21, 79:7, 82:15 particularly [1] - 50:8 parties [1] - 160:19 partner [1] - 75:16 party [6] - 33:14, 127:5, 148:2, 148:13, 148:21, 156:18 pass [1] - 95:10 passed [1] - 129:7 past [6] - 9:19, 11:6, 68:1, 68:11, 72:12, 74:22 path [1] - 79:15 Path [1] - 3:12 pathways [1] - 92:17 patterns [2] - 25:8, 62:15 pay [11] - 39:11, 40:1, 68:8, 69:22, 70:13, 70:14, 71:15, 114:8, 117:6, 117:9, 134:10 paying [2] - 69:15, 77:18 payment [1] - 71:12 payments [3] - 134:20, 134:21, 134:22 pays [3] - 69:19, 69:20, 71:6 peak [3] - 61:24, 62:10, 84:20 peer [4] - 37:7, 78:6, 142:17, 148:24 peer-reviewed [1] - 37:7 pending [1] - 60:5 Pennsylvania [1] - 66:4 people [32] - 17:11, 24:4, 64:17, 64:23, 71:7, 76:9, 90:17, 95:3, 101:13, 113:12, 113:17, 113:20, 114:4, 115:3, 115:4, 115:9, 115:11, 115:12, 115:21, 117:22, 124:1, 126:2, 126:6, 127:10, 127:23, 128:7, 129:4, 130:7, 133:11, 140:21, 141:11 per [17] - 50:23, 52:20, 71:14, 73:12, 74:2, 74:19, 80:18, 81:4, 120:16, 120:17, 144:5, 152:7, 152:14, 152:16 per-square-foot [1] - 81:4 percent [17] - 16:7, 21:13, 21:22, 68:4, 73:8, 73:9, 80:22, 95:17, 95:23, 97:12, 103:6, 103:7, 120:9, 127:13, 127:21, 156:22 percentage [1] - 122:1 percentile [1] - 86:18 perceptible [1] - 82:2 perfect [1] - 69:11 Perfect [1] - 141:5 perfectly [1] - 127:8 perform [2] - 109:7, 109:16 performance [1] - 55:4 Performance [1] - 53:11 performing [1] - 75:22 perimeter [8] - 18:10, 23:1, 23:3, 23:8, 23:10, 25:10, 25:15, 33:11 period [3] - 7:13, 87:10, 91:3 periodic [1] - 54:14 periods [1] - 52:11 permit [6] - 16:15, 54:19, 59:10, 92:20, 102:3, 102:10 permits [2] - 53:21, 54:5 permitted [1] - 19:15 permittee [2] - 54:4, 54:6 permitting [2] - 52:2, 58:21 person [3] - 98:24, 102:21, 127:10 personal [2] - 6:13, 160:11 personally [2] - 138:19, 146:13 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 15 persons [2] - 5:12, 5:21 perspective [4] - 12:8, 12:9, 56:19, 123:15 pertains [1] - 58:21 Petition [1] - 7:21 petition [2] - 12:20, 30:4 petitioner [12] - 5:14, 6:2, 7:8, 9:7, 13:11, 13:18, 92:10, 132:15, 132:19, 132:22, 133:5, 157:20 petitioner's [1] - 7:17 petitioners [3] - 7:5, 148:20, 148:21 petitions [1] - 158:12 pets [1] - 125:21 phase [6] - 26:6, 27:1, 42:17, 79:2, 79:4, 103:16 Phase [10] - 26:16, 26:18, 27:7, 27:8, 27:9, 35:12, 35:13, 42:21, 42:22 phases [3] - 25:23, 26:5, 88:22 phasing [4] - 25:18, 25:24, 33:4, 42:12 PhDs [1] - 77:1 phone [1] - 120:5 pick [1] - 127:16 picture [4] - 44:24, 48:1, 49:16, 79:21 pictures [3] - 47:11, 47:12, 49:8 pieces [1] - 144:24 piggyback [1] - 127:20 pink [1] - 26:5 Pinnacle [2] - 41:19, 41:24 pipeline [2] - 36:10, 99:24 pipes [2] - 156:11 PJM [24] - 36:8, 66:3, 66:6, 66:18, 67:11, 68:10, 68:17, 69:4, 69:11, 71:24, 96:1, 97:5, 97:6, 98:4, 98:7, 98:20, 100:21, 100:22, 101:4, 136:23, 137:24, 138:2, 138:7 place [5] - 107:11, 109:9, 124:13, 160:15 places [2] - 50:4, 128:10 Plainfield [1] - 3:13 Plan [11] - 7:22, 9:9, 9:18, 10:1, 10:20, 12:21, 18:1, 18:2, 30:14, 31:21, 124:10 plan [61] - 6:1, 8:9, 13:15, 14:23, 15:1, 15:4, 15:10, 15:11, 15:13, 15:23, 16:2, 18:7, 18:24, 19:2, 19:5, 19:7, 19:17, 19:24, 20:4, 20:9, 20:11, 21:16, 21:20, 22:4, 22:6, 22:9, 22:10, 22:23, 22:24, 24:13, 25:18, 25:24, 32:2, 32:3, 32:4, 33:4, 33:7, 33:9, 38:7, 40:2, 40:19, 42:6, 42:8, 42:12, 43:7, 44:12, 47:17, 47:23, 92:14, 97:8, 101:15, 101:23, 101:24, 102:11, 103:14, 116:20, 116:23, 119:3, 119:4, 119:6 Plan's [3] - 9:21, 10:6, 10:10 planned [4] - 13:14, 30:5, 108:16, 112:5 Planner [3] - 2:13, 2:14, 2:15 planning [6] - 10:14, 55:1, 57:4, 57:5, 100:22, 120:17 Planning [27] - 5:6, 13:22, 41:22, 44:22, 46:16, 51:21, 55:15, 58:13, 61:1, 62:24, 64:10, 72:19, 75:9, 84:1, 89:8, 93:13, 102:24, 104:20, 110:11, 112:10, 118:7, 121:4, 126:15, 134:3, 140:11, 151:7, 152:2 PLANNING [1] - 1:10 Plano [7] - 112:13, 114:13, 124:12, 124:19, 131:4, 147:11, 147:14 plans [14] - 16:21, 17:4, 17:9, 19:15, 30:15, 30:19, 31:4, 32:7, 32:8, 44:3, 44:6, 45:23, 58:5, 158:3 plant [5] - 69:22, 99:17, 116:1, 151:21 plants [13] - 66:7, 66:16, 66:17, 66:18, 67:9, 68:11, 100:20, 101:1, 138:20, 138:21, 138:23, 138:24 plat [4] - 32:9, 32:10, 32:11, 32:12 plenty [1] - 141:11 plus [3] - 100:24, 113:22, 117:20 pocket [2] - 86:3, 86:5 podium [2] - 5:24, 6:23 point [10] - 28:22, 46:3, 48:5, 59:12, 67:23, 74:7, 92:16, 127:12, 135:24, 139:7 Pointe [1] - 1:17 points [5] - 6:14, 45:20, 50:16, 109:13, 128:17 police [3] - 92:19, 102:9, 114:24 policy [3] - 71:2, 138:17, 138:22 polish [1] - 130:17 Pollutants [1] - 53:13 pollution [1] - 117:16 Pollution [4] - 38:12, 38:16, 54:2, 106:8 ponds [4] - 27:2, 42:11, 128:1, 128:2 pool [2] - 157:3, 157:4 poop [1] - 157:6 pop [1] - 35:10 portion [3] - 23:2, 45:16, 153:19 pose [1] - 64:18 positive [3] - 40:21, 80:21, 134:23 Poss [2] - 118:8, 134:6 POSS [11] - 4:19, 118:5, 118:8, 118:13, 119:1, 119:7, 119:21, 120:5, 120:11, 120:14, 120:20 possibility [1] - 14:18 post [1] - 127:18 potential [3] - 37:3, 38:8, 149:15 potentially [2] - 135:7, 144:10 Power [5] - 35:23, 35:24, 118:10, 134:9, 136:22 power [54] - 36:3, 36:7, 36:11, 52:8, 56:15, 65:20, 65:23, 66:7, 66:12, 66:16, 66:17, 66:18, 67:8, 67:19, 68:11, 95:15, 96:9, 96:12, 97:17, 97:20, 97:21, 98:5, 98:20, 99:4, 99:11, 99:14, 99:17, 99:19, 100:1, 100:6, 100:11, 100:15, 100:16, 100:18, 100:19, 100:20, 101:1, 101:3, 121:6, 123:5, 128:18, 128:20, 136:7, 136:9, 138:6, 138:18, 138:20, 138:21, 138:23, 138:24, 139:3 practical [1] - 67:16 practicing [1] - 75:13 Prairie [1] - 1:17 pre [2] - 71:15, 71:16 pre-apprenticeship [2] - 71:15, 71:16 precast [4] - 33:1, 45:7, 45:17, 87:14 precisely [1] - 119:15 predicted [1] - 123:2 preliminary [6] - 8:9, 13:15, 32:1, 32:3, 44:2 premium [1] - 77:18 preparation [1] - 17:13 prepared [3] - 13:19, 36:13, 36:24 PRESENT [2] - 2:1, 2:10 present [4] - 12:16, 13:18, 83:19, 148:8 presentation [6] - 7:18, 9:13, 13:19, 15:3, 93:4, 157:24 presented [2] - 93:2, 146:4 presenting [1] - 146:18 preservation [1] - 35:5 preserve [1] - 129:13 Preserve [2] - 3:14, 134:5 pretty [12] - 13:5, 29:13, 31:23, 42:5, 55:5, 75:14, 78:24, 87:15, 119:22, 130:6, 130:21, 149:18 prevent [2] - 57:22, 67:8 prevention [5] - 55:24, 57:1, 57:14, 58:4, 58:7 prevents [1] - 156:10 previous [5] - 11:7, 12:21, 58:2, 91:11, 111:7 previously [1] - 50:1 Price [1] - 81:11 price [2] - 68:4, 68:5 prices [20] - 67:19, 67:21, 67:22, 67:24, 68:8, 68:14, 69:4, 69:6, 77:11, 80:18, 81:19, 136:23, 137:1, 137:14, 137:21, 138:4, 138:5, 138:10, 139:3 pricing [1] - 36:4 primaries [1] - 73:1 primarily [3] - 16:2, 143:19, 152:8 primary [2] - 137:2, 137:11 principal [3] - 42:3, 61:3, 72:21 private [1] - 18:22 problem [3] - 65:9, 72:2, 145:24 problematic [1] - 88:20 problems [1] - 131:11 procedure [2] - 51:12, 120:7 procedures [2] - 58:8, 102:4 proceed [2] - 47:23, 136:5 proceedings [3] - 5:2, 159:12, 160:13 process [7] - 11:12, 17:21, 25:3, 32:15, 36:17, 75:2, 75:3 processes [1] - 85:15 produce [2] - 49:13, 49:14 produced [1] - 47:24 producers [1] - 101:3 productive [1] - 6:10 products [1] - 70:15 profession [1] - 98:24 professional [1] - 58:16 professionals [2] - 75:19, 83:1 professor [1] - 35:11 program [1] - 135:5 programs [3] - 57:13, 70:10, 134:16 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 16 project [27] - 10:3, 10:4, 12:2, 16:20, 16:24, 39:21, 40:1, 44:4, 48:13, 48:17, 59:22, 62:18, 88:24, 90:9, 100:5, 132:13, 134:9, 134:14, 134:23, 135:12, 135:21, 135:23, 136:2, 137:4, 144:15, 148:8, 152:18 Project [10] - 11:17, 89:2, 100:6, 118:16, 119:4, 119:5, 122:22, 122:23, 127:6 projected [5] - 47:4, 49:3, 49:5, 108:5, 109:9 projections [2] - 62:23, 109:2 projects [12] - 11:17, 50:14, 51:13, 74:23, 84:8, 100:9, 100:13, 104:24, 122:24, 134:9, 148:8 promulgated [1] - 54:2 proper [1] - 135:17 properties [1] - 123:17 property [36] - 14:3, 15:19, 17:22, 23:2, 23:8, 23:10, 23:11, 27:10, 27:21, 28:5, 34:1, 34:8, 34:10, 34:19, 35:15, 36:9, 36:23, 37:4, 39:4, 39:19, 39:20, 43:9, 73:6, 73:9, 73:11, 73:21, 77:18, 81:4, 81:22, 108:10, 111:2, 124:8, 124:19, 129:19, 132:20, 133:1 proposal [1] - 152:18 propose [1] - 115:15 proposed [13] - 5:10, 10:3, 36:22, 52:5, 64:1, 68:22, 73:21, 78:20, 82:10, 146:21, 147:2, 151:21 proposes [1] - 59:22 proposing [2] - 9:8, 146:15 protect [2] - 39:8, 52:24 Protection [1] - 102:2 protection [1] - 107:19 protects [1] - 60:11 protocol [1] - 94:18 prove [3] - 53:2, 54:10, 117:23 provide [12] - 17:16, 17:19, 52:7, 63:9, 63:14, 92:14, 93:7, 95:7, 102:10, 109:1, 109:15, 109:16 provided [8] - 31:1, 47:3, 49:12, 51:13, 60:8, 64:16, 91:17, 122:22 provides [1] - 9:24 providing [1] - 45:13 provision [2] - 86:2, 135:20 provisions [1] - 53:16 proximate [2] - 37:22, 39:19 proximity [1] - 37:9 Pruitt [3] - 35:21, 64:12, 84:4 PRUITT [14] - 4:10, 35:23, 64:8, 64:11, 84:6, 96:13, 96:16, 96:18, 96:22, 97:22, 98:1, 98:12, 100:18, 137:9 PUBLIC [1] - 1:11 Public [1] - 12:7 public [39] - 5:2, 5:5, 5:9, 5:12, 5:16, 6:2, 6:3, 6:18, 7:4, 7:9, 7:10, 7:11, 7:12, 7:20, 9:6, 13:9, 17:21, 83:7, 95:22, 98:16, 98:19, 101:14, 102:14, 104:9, 104:15, 132:3, 132:6, 132:20, 132:21, 133:5, 136:12, 148:7, 157:21, 158:11, 158:14, 159:10, 159:13, 160:6, 160:14 publish [4] - 132:6, 132:8, 132:11, 132:14 published [3] - 82:6, 132:9, 132:18 publishing [1] - 140:22 PUD [8] - 8:8, 8:9, 13:15, 18:6, 18:11, 20:9, 32:1, 32:3 pulled [1] - 16:15 pulling [2] - 32:11, 138:18 pump [1] - 70:18 pumps [2] - 70:22, 134:11 purchase [2] - 69:18, 99:17 purchases [1] - 69:23 purple [1] - 22:9 purpose [3] - 5:8, 52:14, 153:12 purposes [1] - 99:22 pursuant [1] - 9:9 pushed [1] - 20:14 put [18] - 27:3, 27:4, 29:12, 30:6, 77:2, 77:14, 107:10, 114:7, 115:5, 115:7, 117:8, 117:18, 129:12, 132:19, 132:23, 148:9, 157:4 putting [4] - 59:17, 114:9, 115:24, 157:11 PZC [4] - 7:21, 8:7, 9:6, 13:10 Q qeued [1] - 86:16 Quad [5] - 53:11, 53:13, 54:12, 54:22 qualifications [1] - 142:15 qualified [1] - 156:19 quality [4] - 52:23, 53:3, 53:14, 116:20 quarries [1] - 76:1 questions [32] - 5:14, 7:4, 7:5, 7:9, 12:12, 13:1, 13:2, 30:20, 31:5, 40:24, 41:1, 64:17, 64:20, 83:8, 84:8, 85:7, 103:3, 109:21, 112:15, 126:18, 127:3, 127:19, 134:7, 140:12, 140:16, 146:1, 151:7, 151:8, 151:15, 151:23, 155:16, 157:17 queue [1] - 86:18 queues [1] - 86:15 Queues [1] - 86:16 quick [2] - 15:23, 47:2 quickly [2] - 11:3, 29:22 quiet [2] - 125:7, 128:15 quite [3] - 58:20, 65:19, 145:1 quote [1] - 136:5 R R-1 [1] - 12:6 R1 [2] - 49:3, 106:2 R10 [1] - 49:4 R3 [2] - 106:10, 107:3 R5 [1] - 106:2 race [1] - 113:18 racehorses [1] - 112:24 railway [1] - 125:2 Raimondi [1] - 58:15 RAIMONDI [2] - 4:8, 58:11 rain [1] - 128:2 Raintree [1] - 128:1 raise [6] - 6:3, 95:17, 95:23, 96:5, 96:23, 137:5 raised [3] - 31:2, 97:23, 155:20 ran [3] - 37:20, 45:5, 70:16 random [1] - 140:18 range [5] - 43:24, 73:13, 80:21, 120:16, 143:12 rant [1] - 140:17 rare [2] - 50:24 rarely [1] - 153:22 rate [5] - 69:19, 69:20, 97:3, 97:4, 97:5 rates [8] - 70:11, 70:12, 81:7, 81:10, 81:15, 96:24, 97:7 rather [3] - 42:20, 84:23, 134:15 ratio [1] - 86:22 rational [1] - 64:17 re [3] - 21:2, 21:3, 23:19 re-delineation [1] - 21:2 re-orientation [1] - 21:3 re-oriented [1] - 23:19 REA [2] - 69:16, 69:17 read [1] - 73:1 readiness [1] - 52:12 reading [2] - 82:19, 111:11 ready [2] - 9:12, 114:23 real [6] - 29:22, 67:16, 75:11, 75:18, 91:17, 132:11 really [20] - 15:22, 20:2, 21:24, 22:1, 23:9, 23:22, 24:7, 29:13, 29:23, 32:19, 36:15, 51:7, 56:16, 70:2, 82:11, 94:5, 100:3, 116:16, 127:7, 129:18 realtors [1] - 130:8 reason [3] - 87:5, 97:16, 99:3 rebates [1] - 70:14 receive [4] - 32:7, 73:20, 98:9, 132:18 received [6] - 62:22, 81:23, 82:18, 100:1, 109:5, 133:4 receivers [3] - 49:3, 49:19, 105:6 receiving [3] - 7:16, 11:24, 135:7 recent [3] - 12:4, 19:17, 137:11 recently [3] - 23:6, 109:5 Recess [2] - 133:17, 133:18 recess [1] - 133:20 recharge [1] - 153:20 recognize [1] - 149:10 recommend [2] - 143:22, 143:23 recommendation [1] - 5:18 recommendations [1] - 143:21 recommended [1] - 65:3 reconfigured [1] - 16:11 reconstructed [2] - 118:17, 118:18 record [8] - 6:24, 17:6, 32:13, 91:23, 135:3, 150:6, 157:21, 160:12 recorded [1] - 83:12 recordkeeping [1] - 54:8 records [1] - 54:17 recycling [1] - 57:13 red [6] - 16:6, 20:5, 23:1, 33:7, 78:23, 84:14 red-hatching [1] - 23:1 redirect [1] - 6:17 reduced [4] - 16:6, 19:5, 46:2, 160:9 reducing [2] - 29:14, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 17 36:16 reduction [6] - 19:3, 19:8, 19:17, 19:18, 21:17, 124:4 redundancies [1] - 121:24 refer [1] - 149:17 reference [1] - 15:2 referenced [2] - 54:22, 154:13 referencing [1] - 135:20 referred [1] - 13:16 referring [2] - 105:12, 105:17 refrigerant [2] - 56:13, 57:6 regarding [3] - 5:10, 5:14, 158:12 regards [1] - 147:8 region [2] - 66:8, 135:1 regional [1] - 27:20 regular [3] - 52:12, 58:7, 90:13 regularly [1] - 153:5 regulated [4] - 56:21, 57:10, 58:3, 156:19 regulation [1] - 133:1 regulations [6] - 53:9, 57:8, 92:11, 123:11, 123:14, 143:24 Regulatory [2] - 66:20, 101:6 regulatory [4] - 56:19, 58:21, 64:13, 96:23 reiterate [1] - 40:9 relate [5] - 23:11, 23:24, 24:11, 38:23, 39:3 related [5] - 11:23, 57:9, 93:21, 94:15, 122:15 relates [3] - 25:24, 30:10, 121:19 relative [3] - 68:9, 160:16, 160:17 relatively [1] - 80:11 relevant [1] - 7:5 reliability [9] - 36:3, 64:22, 64:24, 66:15, 66:21, 67:2, 67:8, 71:24, 72:3 reliably [1] - 98:8 remain [1] - 6:22 remainder [2] - 65:6, 65:14 remains [2] - 25:20, 156:22 remarks [1] - 6:17 remember [2] - 30:16, 81:8 remove [1] - 63:20 removed [1] - 37:10 rendered [1] - 142:8 renderings [3] - 32:17, 32:20, 33:1 renewable [4] - 69:18, 69:23, 70:6, 71:8 repair [1] - 153:20 repairs [1] - 153:16 repeat [1] - 6:4 repeatedly [1] - 6:18 repeating [1] - 6:14 repetitive [1] - 6:16 rephrase [1] - 96:3 report [10] - 21:8, 31:17, 34:15, 34:20, 36:5, 39:16, 59:1, 59:8, 135:20 reported [2] - 3:23, 160:7 reporter [1] - 6:24 Reporter [1] - 160:4 REPORTER [2] - 133:12, 155:12 reporting [4] - 54:13, 57:2, 57:3, 136:12 reports [6] - 17:4, 17:9, 132:17, 148:10, 148:11, 158:3 represent [4] - 5:23, 41:3, 137:19, 138:19 representative [8] - 47:12, 47:16, 49:2, 49:10, 50:22, 51:14, 78:15, 112:1 represents [2] - 26:5, 48:24 reproduced [1] - 161:1 request [5] - 5:13, 5:15, 7:19, 59:16, 83:20 requested [4] - 50:3, 59:10, 109:14, 109:15 requesting [1] - 104:2 requests [1] - 5:10 require [3] - 54:23, 58:6, 91:21 required [22] - 10:8, 10:17, 10:22, 18:18, 38:9, 48:15, 50:8, 50:23, 51:2, 55:8, 57:2, 59:10, 62:18, 91:2, 92:13, 102:9, 106:1, 106:7, 108:6, 118:24, 132:22, 132:23 requirement [3] - 107:4, 108:4, 133:2 requirements [25] - 38:13, 38:14, 47:9, 48:14, 48:18, 49:18, 49:21, 49:22, 50:8, 50:19, 51:4, 54:10, 54:21, 55:10, 61:13, 89:9, 101:9, 106:8, 106:13, 106:14, 106:17, 107:2, 107:10, 107:12, 108:2 requires [6] - 52:21, 53:5, 57:3, 58:5, 62:21, 105:21 requiring [1] - 111:13 research [3] - 53:2, 55:20, 99:1 reserve [4] - 63:23, 66:24, 67:10, 100:24 residence [7] - 106:12, 107:6, 108:10, 108:12, 111:2, 111:3 residences [7] - 18:23, 20:15, 106:3, 106:23, 107:1, 107:13, 143:24 resident [1] - 112:13 residential [14] - 24:3, 33:5, 42:24, 43:1, 70:17, 70:22, 105:1, 111:3, 122:9, 123:16, 124:17, 125:20, 126:2, 128:12 residents [3] - 33:20, 104:10, 135:6 residents' [1] - 137:5 resource [1] - 34:14 resources [3] - 99:11, 99:14, 144:7 Resources [2] - 35:1, 35:7 respect [5] - 36:4, 40:4, 98:2, 98:23, 100:2 respond [7] - 7:8, 110:1, 131:21, 131:23, 131:24, 132:3, 138:10 response [15] - 12:18, 12:23, 30:14, 31:22, 64:19, 68:15, 101:18, 101:20, 126:8, 135:21, 147:7, 151:5, 155:17, 157:18, 158:3 responses [4] - 31:1, 38:3, 83:12, 157:20 responsibility [1] - 161:1 responsible [2] - 17:13, 100:22 rest [1] - 65:7 Restore [1] - 11:4 restriction [1] - 38:17 restriping [1] - 63:15 result [3] - 31:8, 126:4, 138:22 resulted [1] - 138:17 results [3] - 49:16, 63:6, 105:18 resumed [1] - 133:21 resuming [1] - 133:23 retained [1] - 50:2 retire [1] - 68:12 retiring [1] - 67:9 revenue [4] - 70:19, 70:21, 73:21, 74:1 revenues [1] - 73:8 review [9] - 6:9, 11:19, 30:18, 54:17, 64:19, 74:22, 92:9, 103:20, 148:24 reviewed [4] - 37:7, 78:6, 92:18, 103:17 reviewers [1] - 142:17 reviews [1] - 9:19 revised [3] - 19:21, 21:20, 39:16 rezone [1] - 14:17 rezoning [4] - 9:20, 10:7, 10:17, 11:15 Rich [1] - 2:2 Rider [4] - 69:16, 70:8, 71:5, 71:11 riders [1] - 134:11 ridiculous [1] - 127:18 right-turn [2] - 63:20, 88:15 RIMS [1] - 74:22 risk [1] - 103:9 road [6] - 16:16, 27:15, 28:3, 85:15, 85:16, 115:4 Road [43] - 3:3, 12:3, 16:10, 16:11, 18:20, 18:23, 20:13, 20:14, 20:16, 24:1, 24:4, 24:5, 24:18, 24:21, 26:22, 27:16, 27:18, 42:1, 61:16, 61:17, 61:19, 63:8, 89:4, 91:8, 91:9, 91:10, 91:12, 91:13, 112:12, 114:18, 118:15, 118:17, 118:19, 118:20, 118:22, 118:24, 119:1 Roads [1] - 42:10 roadway [3] - 24:24, 62:14, 63:23 roadways [4] - 18:9, 27:3, 33:11, 36:20 roll [3] - 8:2, 8:13, 158:17 roof [1] - 113:10 rooftop [4] - 15:7, 19:22, 45:12, 47:13 room [3] - 120:18, 126:6, 153:17 ROSANOVA [1] - 3:7 Rosanova [1] - 13:24 roughly [4] - 39:5, 134:10, 137:1, 152:15 roundabout [1] - 119:2 Route [1] - 12:2 ruin [3] - 112:22, 112:23, 122:11 rule [1] - 58:4 rules [8] - 6:8, 6:10, 56:22, 56:24, 57:1, 57:9, 58:4, 104:5 ruling [1] - 60:8 run [14] - 41:7, 48:6, 64:18, 70:18, 75:17, 103:8, 114:4, 114:5, 120:18, 128:2, 128:7, 153:9, 153:13, 154:8 run-off [4] - 103:8, 128:2, 128:7, 154:8 running [4] - 29:21, 119:16, 123:1, 144:10 rural [1] - 108:3 Russ [7] - 13:23, 42:5, 45:21, 47:5, 48:22, 63:7, 73:2 RUSS [2] - 4:2, 13:20 Russell [5] - 75:23, 133:24, 134:5, 150:3, 150:24 RUSSELL [10] - 3:7, 3:11, 3:12, 4:22, 134:1, 134:4, 135:2, 136:4, 136:19, 139:5 rusting [1] - 156:10 Rutledge [1] - 51:23 RUTLEDGE [3] - 4:6, 51:19, 51:22 Ryan [1] - 2:4 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 18 S Sackett [1] - 60:7 safe [1] - 56:23 safety [1] - 102:14 salad [1] - 96:19 sale [3] - 80:15, 81:19 sales [6] - 37:12, 37:21, 77:7, 77:8, 79:22, 80:14 salon [1] - 74:16 Sara [1] - 2:13 sat [1] - 115:14 save [1] - 129:13 saving [2] - 95:18, 96:4 saw [3] - 32:18, 107:3, 125:3 scale [4] - 20:8, 56:11, 90:9, 134:21 schedule [1] - 27:6 scheduled [2] - 5:6, 26:15 school [11] - 84:12, 129:24, 131:1, 131:2, 131:5, 145:5, 145:10, 147:8, 147:9, 147:11, 147:14 School [1] - 12:4 schools [1] - 145:8 Schwartz [1] - 58:15 SCHWARTZ [3] - 4:8, 58:11, 58:14 scientist [1] - 58:17 scope [1] - 109:10 screen [2] - 27:16, 45:24 screened [4] - 45:13, 45:17, 45:23, 46:6 screening [4] - 15:8, 19:22, 82:12, 104:2 scribed [1] - 63:10 scroll [1] - 148:6 Sears [1] - 75:20 seasonal [1] - 68:2 seated [1] - 6:8 second [18] - 7:24, 8:1, 8:6, 8:12, 20:10, 64:4, 76:12, 76:13, 79:4, 79:12, 92:7, 109:23, 124:24, 133:11, 135:10, 145:23, 158:16 seconds [2] - 84:19, 85:20 Section [2] - 9:10, 9:11 section [3] - 10:1, 27:10, 128:3 sections [1] - 153:16 secure [3] - 23:6, 28:24, 94:12 secured [2] - 23:3, 23:17 security [9] - 74:10, 94:17, 94:20, 94:21, 94:22, 95:5, 101:20, 101:24, 102:16 see [63] - 15:1, 15:4, 20:4, 20:7, 20:12, 21:2, 23:13, 23:22, 24:17, 27:15, 27:16, 27:24, 28:3, 29:3, 31:16, 33:1, 40:20, 43:4, 45:10, 45:11, 45:15, 45:19, 46:5, 46:6, 47:16, 48:15, 56:10, 61:23, 62:9, 64:13, 69:1, 69:2, 72:12, 76:8, 76:10, 76:14, 76:17, 78:2, 78:22, 79:20, 91:1, 94:1, 94:24, 96:3, 98:10, 105:13, 106:10, 111:14, 112:2, 115:17, 116:6, 116:18, 116:19, 116:20, 116:21, 116:22, 116:23, 142:7, 144:16, 148:6, 154:18, 157:13 seeing [1] - 68:12 seek [3] - 16:21, 18:1, 136:5 seeking [5] - 30:9, 68:16, 71:7, 93:23, 104:6 selected [1] - 111:24 self [1] - 31:24 self-explanatory [1] - 31:24 sell [1] - 129:20 sellers [1] - 82:1 selling [1] - 130:8 semis [2] - 114:22, 114:23 sends [1] - 114:21 Senior [2] - 2:13, 2:14 senior [1] - 55:17 sense [3] - 29:14, 46:1, 77:16 sensitive [2] - 82:24, 112:24 sent [1] - 153:4 separate [1] - 80:2 separation [1] - 18:22 September [1] - 51:9 series [1] - 69:5 serve [2] - 65:7, 67:24 servers [1] - 156:1 serves [2] - 10:11, 66:6 Service [1] - 77:6 service [5] - 84:12, 84:21, 85:13, 85:17, 86:14 services [3] - 74:13, 98:13, 102:11 serving [1] - 66:10 sessions [1] - 102:8 set [9] - 23:14, 45:11, 55:24, 67:18, 68:2, 69:19, 97:5, 119:1, 161:3 setback [5] - 18:17, 18:18, 18:21, 33:5, 43:1 setbacks [2] - 18:15, 104:2 seven [3] - 42:7, 74:3, 80:20 seven-and-a-half [1] - 42:7 several [1] - 104:24 sewage [1] - 155:5 sewer [3] - 15:17, 44:11, 153:5 shall [1] - 102:9 share [4] - 141:6, 142:11, 142:13 sheet [1] - 44:3 shift [1] - 20:23 shifting [1] - 43:7 short [1] - 52:11 Shorthand [1] - 160:4 shorthand [1] - 160:9 shortly [1] - 16:14 shove [1] - 131:12 show [3] - 32:20, 43:21, 108:21 showed [6] - 20:10, 32:3, 32:19, 33:24, 48:2, 130:24 showing [6] - 25:22, 26:4, 36:6, 42:8, 44:4, 44:12 shown [1] - 112:3 shows [6] - 17:10, 61:15, 105:7, 111:6, 111:22, 136:23 SHPO [2] - 35:4, 35:18 shrinking [3] - 25:14, 29:15, 131:15 shrunk [1] - 131:14 shut [3] - 114:16, 138:21, 153:10 sick [1] - 90:18 side [18] - 27:15, 45:16, 46:4, 46:9, 51:24, 54:5, 63:8, 72:3, 72:4, 72:11, 80:5, 137:16, 138:15, 148:6, 153:18, 153:19, 157:1 sides [3] - 32:21, 72:12, 137:15 sign [4] - 5:24, 34:22, 34:24, 63:13 sign-off [2] - 34:22, 34:24 signalizing [1] - 85:14 signals [1] - 85:24 signed [1] - 160:23 significant [4] - 21:17, 25:15, 27:17, 64:3 significantly [1] - 55:6 signs [1] - 132:20 silent [1] - 6:22 similar [7] - 25:21, 37:15, 37:17, 37:21, 46:8, 70:8, 78:24 similarly [1] - 37:20 simple [1] - 50:13 simply [3] - 50:22, 51:5, 138:13 simultaneously [1] - 160:9 single [11] - 19:14, 20:24, 21:4, 22:3, 22:16, 43:19, 90:4, 90:6, 90:8, 95:19, 136:3 single-story [6] - 19:14, 20:24, 21:4, 22:3, 22:16, 136:3 siren [1] - 102:17 sit [1] - 115:15 site [29] - 12:1, 18:11, 19:24, 21:10, 21:12, 21:13, 21:19, 21:21, 22:1, 22:20, 25:24, 38:7, 43:11, 43:17, 44:6, 44:14, 51:10, 56:8, 60:16, 74:8, 74:18, 86:20, 92:16, 93:22, 93:23, 103:4, 103:5, 103:14, 112:5 site's [1] - 84:10 sitting [2] - 17:11, 88:22 situated [2] - 37:20, 135:8 situation [2] - 37:17, 52:15 situations [1] - 48:8 six [4] - 10:17, 18:18, 38:23, 86:18 size [2] - 16:6, 24:19 sleep [1] - 72:23 slide [39] - 14:6, 14:23, 15:19, 17:4, 17:10, 17:15, 19:22, 21:5, 21:7, 22:5, 24:12, 29:6, 32:18, 44:12, 45:12, 48:9, 48:20, 52:3, 52:20, 54:20, 58:2, 58:23, 61:10, 62:1, 63:4, 64:5, 65:17, 67:15, 70:7, 70:23, 71:20, 73:18, 78:9, 81:2, 84:4, 109:12, 111:5, 130:24 slides [3] - 55:22, 105:13, 106:15 slightly [1] - 80:15 slow [4] - 113:14, 115:11, 116:6, 116:16 small [4] - 154:9, 154:14, 156:23, 157:11 smaller [2] - 74:3, 136:1 smoking [1] - 113:12 snake [1] - 117:23 social [2] - 40:11, 141:6 software [1] - 49:1 Soil [1] - 34:16 solar [8] - 11:20, 37:2, 70:3, 71:9, 75:24, 134:11, 138:23 sold [5] - 79:3, 79:5, 79:17, 81:9 solely [1] - 139:3 solution [1] - 69:9 solutions [1] - 14:13 someone [7] - 14:17, 54:15, 113:3, 114:17, 115:6, 116:8, 120:24 sometimes [2] - 65:22, 123:22 somewhat [1] - 56:11 somewhere [1] - 143:13 soon [1] - 42:20 Sorry [2] - 101:20, 133:19 sorry [24] - 8:5, 21:14, 47:14, 48:9, 48:20, 63:5, 66:9, 71:20, 86:4, 99:2, 99:14, 106:15, 106:16, 108:22, 109:23, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 19 114:10, 117:21, 126:13, 130:19, 142:3, 143:11, 147:3, 147:7, 154:23 sort [13] - 20:7, 21:6, 23:1, 23:11, 25:6, 29:3, 29:11, 30:22, 35:20, 36:11, 57:23, 107:1, 156:13 sorts [1] - 74:17 sound [22] - 38:4, 38:9, 38:11, 47:3, 48:4, 109:23, 109:24, 111:19, 116:12, 116:13, 119:19, 122:17, 122:21, 123:1, 125:3, 125:16, 143:6, 143:23, 144:1, 144:2, 144:16 sounds [5] - 47:24, 123:22, 125:9, 149:18, 150:15 Soundscape [8] - 50:2, 108:23, 110:13, 141:16, 142:14, 142:23, 148:22, 148:23 soundscape [3] - 50:16, 51:12, 141:18 Source [1] - 53:11 sources [7] - 49:2, 52:4, 53:7, 53:15, 53:22, 74:5, 125:17 south [15] - 11:24, 18:21, 20:15, 23:22, 24:21, 27:15, 27:23, 43:2, 43:6, 43:8, 43:24, 61:18, 85:24, 86:3, 103:15 southbound [3] - 63:15, 63:16, 88:6 southeast [1] - 79:14 southwest [3] - 43:2, 43:4, 80:5 space [5] - 15:13, 20:21, 22:17, 23:15, 152:10 spaces [3] - 21:4, 21:5, 24:6 speaker [2] - 110:3, 139:7 speakers [4] - 6:17, 7:10, 140:3, 140:5 speaking [3] - 6:12, 6:23, 97:4 speaks [1] - 30:8 speced [1] - 24:23 special [1] - 13:13 specialize [1] - 14:11 specialties [1] - 75:22 species [2] - 34:23, 35:2 specific [6] - 10:14, 26:2, 40:24, 54:1, 76:2, 135:19 specifically [4] - 31:17, 52:1, 103:4, 124:10 specifics [1] - 18:5 specified [1] - 160:15 specify [1] - 54:6 speculative [1] - 14:16 spelled [1] - 84:5 spiking [1] - 136:24 spill [8] - 55:24, 56:24, 57:14, 58:3, 58:5, 58:6, 58:7, 102:5 spills [1] - 57:22 split [1] - 34:9 spoken [1] - 128:20 spot [1] - 50:16 Springfield [1] - 71:3 square [12] - 15:12, 19:3, 19:8, 19:18, 28:18, 29:15, 36:16, 78:20, 80:18, 81:4, 136:1, 136:2 SS [1] - 160:1 stabilization [2] - 34:3, 34:5 stables [1] - 143:21 stacked [1] - 25:7 staff [15] - 9:12, 9:24, 15:15, 20:2, 21:8, 24:21, 29:17, 30:17, 30:20, 30:24, 31:2, 31:17, 39:12, 95:8, 148:11 staff's [2] - 31:4, 92:9 stand [1] - 6:3 standard [8] - 30:1, 30:2, 57:16, 58:8, 62:6, 89:8, 120:6, 155:7 Standards [2] - 53:11, 53:12 standards [22] - 30:12, 31:8, 31:11, 31:13, 31:18, 38:15, 52:23, 53:1, 53:6, 53:14, 53:23, 54:1, 54:11, 61:12, 83:13, 83:14, 91:20, 101:22, 104:3, 157:21, 158:4 standing [1] - 74:13 standpoint [1] - 71:24 start [1] - 26:21 started [3] - 75:12, 104:13, 128:4 starting [1] - 9:6 State [5] - 69:5, 89:9, 91:20, 107:9, 160:4 STATE [1] - 160:1 state [26] - 5:22, 14:12, 53:20, 54:1, 57:5, 61:12, 62:7, 62:20, 66:8, 71:16, 89:17, 90:11, 106:7, 108:1, 111:16, 132:22, 132:23, 133:1, 135:1, 137:24, 138:17, 138:20, 138:22, 139:17, 143:4, 155:12 state-of-the-art [1] - 14:12 state-specific [1] - 54:1 statement [3] - 110:21, 147:24, 149:6 states [4] - 45:4, 66:18, 76:6, 99:7 statewide [2] - 134:16, 135:5 stating [1] - 98:22 station [2] - 12:1, 74:16 stations [1] - 66:11 statistical [2] - 76:11, 76:24 statistics [3] - 116:24, 117:1, 117:4 stay [3] - 6:17, 94:20, 129:23 stays [1] - 153:2 steam [1] - 154:7 steel [1] - 87:12 Steel [5] - 11:17, 89:2, 93:1, 118:16, 122:22 Steel's [2] - 119:4, 119:6 stenographically [1] - 160:8 step [1] - 40:21 steps [1] - 69:6 still [20] - 21:16, 21:22, 42:7, 51:3, 56:21, 59:4, 59:7, 59:8, 59:13, 117:20, 122:3, 125:20, 130:18, 140:21, 144:22, 145:3, 149:10, 150:19, 155:20, 156:11 stood [1] - 66:4 stop [2] - 63:13, 156:2 stopped [2] - 97:20, 99:9 stopping [1] - 96:11 storage [6] - 55:23, 56:6, 56:20, 57:15, 102:7, 154:19 store [2] - 56:1, 57:17 stories [4] - 80:1, 80:2 storm [1] - 44:11 stormwater [9] - 18:10, 20:19, 23:21, 43:8, 43:23, 44:8, 44:10, 103:8, 103:12 story [20] - 15:5, 19:13, 19:14, 19:19, 20:23, 20:24, 21:4, 22:2, 22:3, 22:16, 24:10, 28:15, 29:15, 29:16, 43:18, 43:19, 135:24, 136:3 straightforward [2] - 13:6, 29:14 strategies [1] - 92:15 stream [1] - 85:23 stringent [3] - 38:17, 50:9, 106:9 striped [1] - 88:12 strong [2] - 75:19, 77:16 structure [1] - 29:4 studied [4] - 64:3, 67:11, 81:7, 122:20 studies [27] - 30:9, 33:13, 37:7, 41:3, 41:4, 41:8, 61:6, 65:2, 75:23, 76:14, 76:22, 83:4, 83:6, 87:17, 113:15, 118:11, 127:5, 127:22, 141:22, 141:23, 142:17, 142:18, 148:1, 148:10, 148:12, 149:3 study [56] - 34:1, 36:12, 36:13, 36:15, 36:19, 37:6, 37:15, 38:2, 38:8, 47:3, 49:24, 50:4, 61:11, 61:15, 64:15, 76:24, 77:5, 77:21, 79:10, 80:4, 82:6, 84:8, 87:8, 88:23, 92:24, 105:5, 105:19, 107:17, 108:14, 109:3, 109:4, 109:6, 109:7, 109:8, 109:16, 111:22, 122:17, 123:9, 123:10, 125:4, 130:3, 134:8, 134:9, 135:11, 136:8, 136:10, 136:11, 137:2, 137:14, 137:23, 138:3, 144:16, 148:22 study's [2] - 104:23, 137:6 studying [1] - 118:18 stuff [3] - 40:10, 116:17, 158:4 styling [1] - 28:11 subdivision [4] - 32:9, 32:10, 32:11, 32:12 subdivisions [2] - 80:9, 80:11 subject [2] - 5:19, 17:12 submit [1] - 92:13 submitted [14] - 13:11, 17:2, 18:7, 30:15, 32:9, 35:9, 35:12, 49:24, 98:21, 102:1, 103:17, 132:16, 136:16, 148:9 subparts [3] - 53:16, 53:17, 54:21 subsidization [1] - 72:10 substance [1] - 25:20 substantial [2] - 27:11, 81:18 substantially [2] - 26:8, 26:9 substantiates [2] - 30:11, 122:17 substation [15] - 15:11, 15:12, 15:24, 16:4, 16:5, 16:6, 16:16, 18:9, 26:8, 27:19, 27:20, 27:21, 27:24, 28:6, 42:18 suburb [1] - 78:18 sufficiency [1] - 66:22 sufficient [6] - 63:23, 67:13, 70:21, 98:5, 100:23, 101:8 suggest [1] - 77:22 suggestion [1] - 139:2 suggestions [1] - 31:4 suitable [2] - 34:19, 53:3 Suite [3] - 3:3, 3:8, 14:1 sum [2] - 34:7, 38:18 summarizes [1] - 75:1 summary [2] - 73:5, 73:19 summation [1] - 29:11 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 20 summer [1] - 67:5 sun [1] - 154:17 sunlight [1] - 157:6 supplanted [1] - 32:6 supplemental [3] - 41:3, 41:4, 59:5 supply [11] - 56:15, 68:9, 68:14, 68:23, 69:3, 97:5, 100:23, 137:16, 137:20, 138:9, 138:15 support [6] - 17:2, 29:12, 65:20, 70:9, 70:21, 74:9 supposed [6] - 114:4, 114:5, 114:20, 125:23, 129:21, 131:8 suppression [1] - 102:4 Supreme [1] - 60:8 surely [1] - 49:20 surmise [1] - 77:13 surmises [1] - 78:8 surround [1] - 47:18 surrounding [7] - 23:12, 36:20, 48:13, 64:23, 65:11, 82:14, 121:9 survey [3] - 35:12, 35:13, 35:15 suspicious [1] - 127:7 sustainability [3] - 72:11, 84:5, 84:7 swear [3] - 139:23, 140:4, 150:21 sweat [1] - 115:8 swimming [1] - 157:3 swooping [1] - 86:12 sworn [28] - 6:5, 6:6, 13:21, 41:21, 44:21, 46:15, 51:20, 55:14, 58:12, 60:24, 64:9, 72:18, 75:8, 83:24, 93:12, 102:23, 104:19, 110:10, 112:9, 118:6, 121:3, 134:2, 139:21, 140:8, 140:10, 150:4, 151:2, 152:1 symmetrical [1] - 46:9 system [32] - 56:15, 63:23, 65:4, 65:17, 67:7, 68:17, 68:20, 68:23, 72:6, 100:21, 102:17, 122:1, 152:13, 153:2, 153:5, 153:15, 153:16, 153:20, 153:21, 153:23, 154:15, 154:21, 155:24, 156:8, 156:12, 156:15, 156:21, 156:22, 156:24, 157:8, 157:10 systems [2] - 102:7, 154:16 T table [5] - 11:1, 18:12, 49:15, 55:3, 109:11 Taker [1] - 2:16 talks [1] - 144:4 tall [2] - 15:7, 24:22 taller [1] - 45:24 tank [5] - 57:17, 57:19, 57:23, 57:24, 154:19 target [2] - 80:23, 81:13 tariff [1] - 72:8 tasked [1] - 153:12 taught [1] - 76:3 tax [10] - 34:1, 34:5, 73:8, 73:10, 73:11, 73:21, 74:1, 74:4, 130:24 taxes [8] - 34:9, 34:10, 34:11, 34:13, 73:6, 73:9, 97:8, 129:23 taxing [1] - 73:19 team [2] - 39:17, 144:16 technical [1] - 32:15 technically [1] - 59:4 technicians [1] - 74:9 technology [2] - 99:12, 99:13 ten [5] - 45:4, 58:18, 79:4, 80:5, 137:1 tenant [1] - 28:20 tenants [4] - 28:22, 28:23, 28:24, 74:14 tend [2] - 77:11, 143:12 tends [1] - 90:21 tentative [1] - 111:23 Teresa [1] - 121:5 term [5] - 14:22, 31:14, 52:13, 124:22, 138:3 terminals [1] - 76:2 terminated [1] - 35:17 terms [5] - 15:17, 28:10, 34:5, 35:1, 89:13 test [3] - 120:7, 120:18, 121:20 tested [4] - 50:23, 76:1, 120:8, 145:7 testified [23] - 13:21, 41:21, 44:21, 46:15, 51:20, 55:14, 58:12, 60:24, 64:9, 72:18, 75:8, 83:24, 93:12, 102:23, 104:19, 110:10, 112:9, 118:6, 121:3, 126:15, 134:2, 140:10, 152:1 testify [2] - 5:21, 88:19 testimony [7] - 5:9, 5:12, 6:24, 7:16, 158:11, 158:13, 160:12 testing [12] - 50:24, 51:1, 52:12, 52:14, 54:10, 119:17, 120:1, 120:7, 120:11, 144:5, 144:10, 156:17 Texas [2] - 46:20, 97:19 text [2] - 7:22, 102:17 THE [2] - 133:12, 155:12 themselves [1] - 15:6 thereof [1] - 160:23 THERESA [8] - 4:20, 121:2, 121:5, 122:3, 122:6, 123:7, 123:13, 125:18 thermometer [1] - 51:5 they've [1] - 82:11 Thiam [1] - 2:15 thinking [1] - 66:15 third [8] - 33:14, 76:19, 80:4, 127:5, 148:2, 148:13, 148:21, 156:18 third-party [6] - 33:14, 127:5, 148:2, 148:13, 148:21, 156:18 thorough [1] - 151:10 thousand [2] - 145:12, 145:13 thousands [1] - 77:7 threatened [2] - 34:23, 35:2 three [17] - 25:23, 26:4, 37:16, 55:19, 76:7, 78:19, 79:20, 80:9, 80:22, 106:17, 108:16, 113:20, 130:6, 130:8, 130:20, 142:1, 147:10 threshold [2] - 21:23, 38:21 thresholds [1] - 143:22 throat [2] - 116:17, 131:13 through-traffic [3] - 63:21, 85:23, 88:14 throughout [7] - 9:23, 15:2, 15:18, 111:16, 123:21, 141:6, 143:16 throughs [1] - 102:8 throw [2] - 68:18, 71:12 Thursday [1] - 90:16 Thursdays [1] - 90:24 Tier [4] - 54:23, 54:24, 55:2, 55:7 tiers [1] - 55:5 tilt [1] - 28:13 tilt-up [1] - 28:13 tiny [1] - 154:10 today [9] - 20:6, 37:1, 40:20, 70:18, 73:3, 95:4, 99:22, 125:17, 127:15 today's [2] - 70:11, 70:12 together [4] - 30:6, 37:1, 77:2, 150:14 toilets [1] - 152:11 tonight [14] - 5:11, 6:5, 6:9, 7:15, 9:17, 10:9, 12:16, 15:3, 16:21, 30:13, 36:15, 72:24, 133:6, 144:5 tonight's [8] - 5:6, 5:16, 5:19, 6:2, 6:19, 6:22, 6:24, 159:10 took [3] - 51:10, 95:19, 130:2 top [12] - 19:22, 22:8, 25:16, 45:19, 45:22, 47:21, 53:24, 63:2, 69:4, 141:24, 144:6 topic [1] - 6:17 topics [1] - 6:14 total [8] - 34:7, 69:9, 73:6, 73:8, 74:8, 80:21, 100:11, 144:9 totally [1] - 149:20 touched [1] - 129:11 toward [1] - 143:18 towards [3] - 69:23, 135:4, 144:15 Tower [1] - 75:20 tower [1] - 115:24 town [2] - 16:24, 122:11 toxic [1] - 117:3 track [2] - 54:9, 81:9 tract [1] - 84:8 traffic [39] - 20:16, 36:13, 36:15, 36:19, 36:21, 61:6, 61:9, 61:11, 61:20, 61:24, 62:13, 62:16, 62:19, 63:1, 63:2, 63:21, 63:24, 64:3, 66:6, 85:23, 87:8, 87:11, 87:17, 87:19, 87:24, 88:9, 88:14, 89:1, 89:13, 89:14, 90:3, 90:10, 90:20, 90:24, 92:14, 92:22, 92:24, 93:5, 114:21 train [2] - 112:23, 125:5 training [4] - 58:9, 71:7, 71:15, 102:7 trainings [1] - 71:16 transactions [2] - 76:21, 81:22 transcript [2] - 160:7, 160:23 transcription [1] - 160:10 transcripts [1] - 7:2 transformers [4] - 26:10, 38:6, 42:19, 47:6 transition [2] - 71:1, 71:6 transmission [7] - 65:12, 66:13, 72:5, 98:13, 100:21, 125:17, 136:6 transmissions [1] - 122:21 transparency [1] - 131:12 transpired [1] - 80:16 Transportation [3] - 61:8, 62:4, 90:12 trash [1] - 57:13 traunches [1] - 137:23 travel [1] - 62:15 traveling [2] - 23:24, 24:4 treat [2] - 156:21, 156:24 treated [3] - 108:4, 108:9, 111:2 treating [1] - 128:8 treats [1] - 107:18 trees [6] - 25:4, 25:5, 25:6, 25:7, 25:9 trend [1] - 76:18 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 21 tributaries [1] - 60:1 tributary [1] - 44:10 tried [5] - 64:15, 78:10, 82:21, 83:3, 96:7 Trinity [4] - 38:3, 46:18, 51:23, 52:1 trip [1] - 62:4 trips [1] - 62:2 Trostle [1] - 41:24 TROSTLE [6] - 4:3, 41:20, 41:23, 43:13, 103:11, 103:22 truck [2] - 76:1, 87:10 true [3] - 52:14, 99:2, 160:12 trusting [1] - 127:9 try [6] - 21:8, 76:8, 110:2, 110:4, 113:15, 125:11 trying [6] - 34:17, 84:18, 88:8, 131:12, 137:13, 138:2 Tuesday [2] - 90:16, 92:1 Tuesdays [1] - 90:23 turd [3] - 130:17, 130:18, 130:19 turn [13] - 63:10, 63:15, 63:17, 63:20, 70:1, 84:9, 85:13, 86:2, 86:6, 86:12, 88:8, 88:10, 88:15 turned [3] - 85:4, 121:7, 153:8 turning [3] - 63:21, 88:3, 88:5 twenty [1] - 110:14 two [49] - 5:5, 11:22, 15:5, 19:13, 19:19, 20:15, 20:23, 21:4, 22:2, 24:10, 26:19, 28:15, 29:15, 29:22, 39:3, 39:11, 43:18, 48:12, 50:22, 53:9, 54:21, 55:5, 59:9, 59:23, 60:12, 60:13, 63:9, 74:5, 77:1, 78:14, 80:1, 80:2, 86:6, 88:8, 100:10, 109:13, 113:21, 124:6, 124:22, 129:4, 133:16, 133:18, 135:24, 136:13, 137:1, 140:3, 140:5, 140:14, 158:12 two-part [1] - 86:6 two-story [10] - 15:5, 19:13, 19:19, 20:23, 21:4, 22:2, 24:10, 28:15, 29:15, 135:24 type [10] - 10:22, 29:19, 30:1, 31:20, 35:16, 53:16, 56:9, 56:12, 56:17, 102:13 Type [2] - 24:23, 33:10 types [3] - 56:1, 112:2, 112:3 typewriting [1] - 160:10 typical [8] - 51:12, 56:4, 56:8, 70:4, 70:17, 85:14, 87:17, 90:24 typically [3] - 57:12, 66:23, 88:16 U ultimate [1] - 29:1 ultimately [5] - 28:6, 29:5, 32:6, 38:14, 146:16 unacceptable [1] - 129:17 uncertain [1] - 28:21 under [29] - 15:24, 16:19, 21:12, 21:21, 26:6, 26:12, 38:15, 40:7, 57:1, 58:4, 60:10, 63:12, 66:19, 69:15, 71:11, 88:18, 94:23, 99:23, 101:3, 101:4, 106:4, 106:13, 108:1, 108:13, 116:22, 122:4, 160:11, 160:24, 161:2 underlying [2] - 18:13, 18:19 understood [1] - 158:8 underway [2] - 26:9, 28:7 unfortunate [1] - 85:21 unheard [1] - 153:11 UNIDENTIFIED [3] - 96:1, 131:17, 141:3 Unified [1] - 104:1 unincorporated [1] - 11:19 uninterruptible [1] - 56:15 unique [1] - 134:22 unit [5] - 13:14, 30:5, 47:13, 47:22, 81:18 UNITED [1] - 1:6 United [4] - 3:5, 9:7, 13:12, 141:8 units [3] - 38:6, 53:21, 53:22 University [3] - 35:11, 61:5, 77:2 unless [4] - 6:22, 99:15, 140:6 unlike [1] - 154:16 unlikely [1] - 37:23 unmute [1] - 150:3 unmuted [1] - 150:11 unrelated [1] - 6:14 up [47] - 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117:24 yesterday [1] - 129:11 York [1] - 42:1 YORKVILLE [2] - 1:6, 1:7 Yorkville [72] - 1:18, 3:6, 3:15, 8:7, 9:7, 9:8, 9:11, 12:4, 12:21, 13:10, 13:12, 14:2, 14:20, 14:24, 15:16, 16:19, 34:8, 34:11, 37:20, 38:13, 40:3, 40:8, 40:15, 47:10, 48:19, 49:17, 49:19, 50:3, 51:3, 59:15, 65:8, 65:14, 83:2, 93:15, 103:2, 104:22, 105:20, 105:21, 105:22, 105:24, 106:2, 106:4, 106:13, 106:16, 107:9, 112:13, 114:14, 114:24, 116:16, 117:10, 117:11, 117:14, 123:11, 123:20, 124:13, 124:19, 128:3, 129:9, 130:7, 130:10, 134:5, 134:15, 135:5, 142:2, 142:16, 143:5, 146:8, 147:9, 148:1, 148:16 Yorkville's [2] - 108:24, 141:9 yorkville.il.us [1] - 148:4 young [1] - 71:7 Young [1] - 2:16 YOUNG [15] - 8:4, 8:15, 8:17, 8:19, 8:21, 8:23, 9:1, 9:3, 158:19, 158:21, 158:23, 159:1, 159:3, 159:5, 159:7 younger [1] - 71:10 yourselves [3] - 79:16, 103:20, 150:4 Z zip [2] - 78:5, 81:12 zone [1] - 125:7 zoned [4] - 17:22, 124:8, 149:8, 149:19 Zoning [25] - 5:7, 13:22, 41:22, 44:22, 46:16, 51:21, 55:15, 58:13, 61:1, 64:10, 72:19, 75:9, 84:1, 93:13, 102:24, 104:20, 110:11, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - June 10, 2026 23 112:10, 118:7, 121:4, 126:15, 134:3, 140:11, 151:7, 152:2 zoning [7] - 10:12, 12:8, 12:10, 18:13, 18:19, 111:1, 124:13 ZONING [1] - 1:10 Zoom [4] - 12:19, 126:7, 126:9, 133:24 1 STATE OF ILLINOIS ) ) COUNTY OF KENDALL ) ) UNITED CITY OF YORKVILLE ) PETITION FOR MAJOR AMENDMENT TO PLANNED UNIT DEVELOPMENT THE UNDERSIGNED Petitioner, C1 Yorkville LLC, a Delaware limited liability company (hereinafter the “Petitioner”), respectfully petitions the United City of Yorkville (the “City”) for a major amendment to a special use for a planned unit development as detailed on the plans submitted herewith for the Property (as defined below). BACKGROUND INFORMATION 1. The Petitioner, C1 Yorkville LLC, a Delaware limited liability company, having an office located at 2820 N. Harwood Street, Suite 2200, Dallas, TX 75201, is the owner of the Property comprising of +/- 228 acres located at the northeast corner of Eldamain Road and Faxon Road in the City of Yorkville, which property is legally described on Exhibit A, attached hereto and made a part hereof (the “Property”). 2. The Property was originally annexed to the City pursuant to Ordinance No. 2005- 48 on May 24, 2005; 3. The Property is zoned M-2 General Manufacturing District under the United City of Yorkville Unified Development Ordinance (the “Code”); 4. On July 9, 2024, the City approved a special use for a planned unit development and a Planned Unit Development Agreement (the “PUD Agreement”) for the Property; 5. Pursuant to the PUD Agreement, the City approved development of the Property as an Energy Industrial Use as generally depicted on the Preliminary PUD Plan (the “Preliminary PUD Plan”) attached hereto as Exhibit B. 2 6. The Preliminary PUD Plan specifically approved development of the Property with nine (9) two-story data center buildings comprising 2,451,200 square feet of total building area. 7. On February 10, 2026, the City approved a Minor Amendment to the approved Planned Unit Development and the amended PUD Plan (the “Amended PUD Plan”) a copy of which is attached hereto as Exhibit C. 8. Shortly after the City’s approval of the Amended PUD Plan, Petitioner pulled necessary and appropriate site development permits and commenced construction pursuant to the Amended PUD Plan. 9. Petitioner now seeks a Major Change to the Amended PUD Plan as reflected on Exhibit D (the “CHI 11 PUD Plan”). 10. With the Major Change, Petitioner proposes to: i) replace the eight (8) two-story buildings approved pursuant to the Amended PUD Plan with eight (8) single-story buildings; and ii) reduce the total permitted square footage of buildings, all as reflected on the CHI 11 PUD Plan. 11. Petitioner has submitted the appropriate supporting details for approval of the Major Change to the Planned Unit Development as set forth herein. PROJECT SUMMARY Petitioner is a wholly owned subsidiary of CyrusOne. CyrusOne is a leading global data center developer and operator specializing in the delivery of state-of-the-art digital infrastructure solutions that serve some of the world’s foremost technology companies. CyrusOne owns and operates over 60 data centers across nine countries. In Illinois, CyrusOne owns and operates data center campuses in Aurora and Lombard. CyrusOne is also in the process of developing new Illinois campuses in Aurora, Wood Dale, Yorkville, and Sangamon County. 3 As reflected in the Jones Lange LaSalle (“JLL”) North America Data Center Report for year-end 2025, surging investment in the data center industry reflects strong institutional confidence in the sector’s outlook. JLL found vacancy rates at existing data centers are at a historic low of 1% for a second consecutive year, despite unprecedented levels of construction. Vacancy at historic lows reflects sustained structural demand rather than cyclical imbalance. JLL goes on to state that bubble concerns are difficult to reconcile with 99% sector occupancy, particularly given that the largest data center tenants rank among the most profitable and highest-rated companies globally. As it relates to new construction, JLL found that 92% of capacity is precommitted, either through binding lease agreements or owner-occupied development. Taken together, these dynamics point to vacancy remaining in the low single digits through 2030. In the Chicago market, JLL notes that there are no 10+ MW contiguous blocks available, which is driving tenants to commit to capacity 18-24 months in advance. With these fundamentals, Petitioner is well positioned to seize upon immediate demand with the expectation that the first building will be delivered to market in Q1 2028. Construction on the Property commenced earlier this spring with site grading associated with access to the Property and the electrical substation. CyrusOne has obtained allocation of electrical capacity necessary for the project, is scheduled to take delivery of the first electrical transformers for the Yorkville campus later this fall, and expects to have the site energized before the end of 2027. CyrusOne plans to commence building construction this fall with the goal of establishing occupancy for that first building by the end of the first quarter of 2028. CyrusOne is well positioned to seize upon market demand to facilitate build-out of the Property. The overall layout of the CHI 11 PUD Plan is generally consistent with the Amended PUD Plan. The CHI 11 PUD Plan either maintains or increases the setbacks that were established with 4 the Preliminary PUD Plan and affirmed with the Amended PUD Plan. Primary ingress/egress will occur via a boulevard style connection to Eldamain Road, consistent with the Amended PUD Plan. With the CHI 11 PUD Plan, the secondary means of ingress/egress to Faxon Road has been eliminated in favor of a larger consolidated stormwater basin along the south property line. This reconfigured stormwater basin will create a natural transition south to Faxon Road. A secondary roadway connection is now contemplated via Beecher Road to the east. This secondary roadway connection will be gated, no truck traffic will be permitted, and is intended exclusively for employee egress. Notably, Petitioner owns the adjacent property along Beecher Road which Petitioner acquired for purposes of facilitating utility improvements required for development of the Property. Finally, Petitioner is working with Kendall County Department of Transportation regarding a restricted emergency-only right-in-right-out movement in the northernmost section of the Property along Eldamain Road. Revised building elevations have been submitted along with the Major Change application. The revised elevations are generally consistent with the approved plans, maintaining similar architectural styling, building materials, and color palette. With the revised elevations, the main entrance or primary architectural component of the buildings is a two-story office component, comprising approximately 32,000 square feet, which is consistent with the original approvals for the project. This two-story feature, which is approximately 36’ in height, will help define the entrance to the buildings and create a clear focal point. The buildings are generally oriented such that the office component addresses the adjacent road frontage or entrance to the community. The primary mass of the building is the single-story box which measures approximately 24’ in height. This primary single-story component of the building also includes a mechanical penthouse. The mechanical penthouse incorporates an acoustic screen wall around all four sides of the mechanical 5 penthouse. This rooftop screening, which is recessed from the primary façade of the building, extends to approximately 51’ in height. The revised elevations reflect a significant reduction in the height approved with the PUD Agreement, which permits 55’ tall buildings with equipment screening to 70’. The side of each building also includes a mechanical yard, as depicted on the CHI 11 PUD Plan. The mechanical yard is designed as an integral component of each building. Full height screening is provided for each mechanical yard. 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 development of the Property will promote the public health, safety, morals, comfort and general welfare of the City. The Property was originally annexed and zoned in the City in 2005. Despite the underlying zoning, the Property set fallow, without productive use consistent with the underlying zoning district for nearly 20 years. The data center campus, which was preliminarily approved in 2024, is consistent with the City’s Comprehensive Plan and the underlying M-2 General Manufacturing zoning for the Property. With the City’s 2024 approval of the Preliminary PUD Plan, the City determined that the Preliminary PUD Plan would not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare. With the proposed major change, the CHI 11 PUD Plan depicts a total building area of 1,854,805 square feet, which is 308,995 square feet less than the Amended PUD Plan and 596,395 square feet less than the Preliminary PUD Plan. Changes to the layout of the buildings and the square footage of the buildings does not alter the character or intent of the approved planned unit development. Moreover, with the changes reflected on the CHI 11 PUD Plan, Petitioner seeks approval of single-story buildings in lieu of the two-story buildings approved with the Preliminary 6 PUD Plan. Because the proposed major change is consistent with the character and intent of the Preliminary PUD Plan, reduces the size of approved buildings, and increases the setback to existing residential uses, the major change will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare. The development of the Property will facilitate substantial investment in the City that will produce new construction jobs, long-term employment opportunities, and significant new tax revenue streams. In support of this premise, Petitioner hired Gruen Gruen + Associates to prepare reports evaluating both the economic (the “Economic Impact Report) and the fiscal (“the “Fiscal Impact Report”) impacts of the proposed development. The Fiscal Impact Report estimates that development of the Property will result in an average of 277 construction jobs annually for a period of ten years. In addition to the construction jobs, the development is estimated to support 1,881 permanent jobs in Kendall County, with annual labor income estimated at $187.4 million or approximately $99,700 per job. The operations of the campus are estimated to generate total annual economic output within Kendall County of approximately $1,053.2 billion dollars. The campus will also generate significant new tax streams, including projected annual tax revenue of $16,794,087 to the City at full buildout. Based on the construction schedule outlined above, Petitioner anticipates that the City would begin collecting significant new revenue in 2028. By 2029, tax receipts to the City will likely eclipse $2,000,000 and steadily grow for the next decade. The campus will establish the City as a regional leader in data center capacity, position the community as an employment base within a growing sector of the economy, and produce transformational new tax revenue streams. 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. 7 With the approval of the Preliminary PUD Plan in 2024 the City found that 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. With the proposed major change, which reduces the size and scale of the development occurring on the Property, the proposed major change will only mitigate any perceived concerns raised during the 2024 approval process. Immediately north of the Property is a very large, regional ComEd substation that is located in unincorporated Kendall County. This substation supplies power for the region and is a significant component of the utility infrastructure necessary to serve the data center campus. In fact, the data center campus is strategically and intentionally located immediately adjacent to the ComEd substation that will provide critical power supply to the data center campus. Eldamain Road defines the western boundary of the Property, with areas west of Eldamain Road being located in the Village of Plano and zoned M-2 General Manufacturing District. Uses within the adjacent Plano M-2 District include the Menards Distribution Center, Grundy Redi Mix, and a Groot transfer station. While there are some residential uses to the southwest, those homes are beyond applicable setback requirements under City of Yorkville zoning requirements. Faxon Road and the BNSF rail line collectively establish the southern boundary of the Property. Parcels south of Faxon Road are zoned A-1 in Kendall County. While there are two residential structures south of Faxon Road, those structures are beyond applicable setback requirements under the City of Yorkville zoning requirements. Beecher Road establishes the eastern boundary of the Property. East of Beecher Road is a new solar farm that was recently developed in the City of Yorkville. The area north of the solar farm is a separate parcel owned by Petitioner and which will immediately be utilized for purpose of extending electrical service to the Property. 8 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. With the approval of the Preliminary PUD Plan in 2024, The City found that the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. Here, Petitioner does not seek a new special use, but seeks a major change to the special use that was approved for the Property in 2024. With the proposed Major Change, Petitioner does not fundamentally alter the concept or the use approved by the City in 2024, but seeks to adjust the scale of the project, moving from taller two-story structures to single-story buildings that are more consistent with the scale of development in the region. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or shall be provided. The Property is generally well-positioned in terms of access and utilities. Since the City’s 2024 approval of the Preliminary PUD Plan, Petitioner has actively coordinated with the City to facilitate necessary and appropriate utility improvements that are proximate to the Property. Specifically, the Petitioner has funded the extension of municipal sanitary and water services that will serve not only the Property, but also future development in the area. With the extension of public utility services the property is adequately served by public utilities. Moreover, the extension of utilities that was facilitated by Petitioner, who bore significant up-front cost for said utility extensions, materially improves the City’s utility infrastructure and facilities additional development in the area around the Property. While the Petitioner has coordinated with the City on water and sanitary service, Petitioner has coordinated with ComEd regarding electrical service. Petitioner and ComEd have coordinated plans for the extension of electrical service from the adjacent ComEd substation to the Property. Additionally, Petitioner is undertaking construction of a new on-site electrical substation that will serve the Property. 9 Petitioner engaged the services of a professional traffic engineer to review ingress/egress conditions and the capacity of the surrounding roadway network to accommodate site generated traffic associated with the proposed data center development. The Traffic Impact Study prepared by KLOA, Inc., has been submitted with Petitioner’s application documents. The Traffic Impact Study shows that there is sufficient reserve capacity in the surrounding roadways to accommodate the proposed development. Petitioner also engaged the services of Pinnacle Engineering Group to provide civil engineering services associated with the proposed development of the Property. Pinnacle’s Preliminary Engineering Plans depict the anticipated improvements to the Property, including stormwater management facilities necessary to facilitate the development of the data center. 5. Adequate measures shall be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. The primary means of ingress/egress to the Property is via Eldamain Road. At Eldamain Road, access will be restricted via a series of manned security gates. Ingress/egress is designed with a boulevard style section that will allow rejected vehicles to be directed back to Eldamain Road. Inside the gate, all drive aisles are privately owned and operated. Petitioner has relocated the secondary point of ingress/egress from Faxon Road to Beecher Road and added an emergency access point along Eldamain Road. With these changes, a larger contiguous stormwater facility is now located south of the data center buildings and will provide natural separation to the nearest residential dwellings. The Traffic Impact Study supports the proposed access points and confirms that the existing roads have sufficient reserve capacity to accommodate anticipated site traffic. 6. The proposed Special Use is not contrary to the objectives of the City’s adopted Comprehensive Plan. 10 The City adopted its most current Comprehensive Plan in 2016. According to the Comprehensive Plan, to accomplish the future development of the City’s industrial areas, the community planning objectives include: (i) removing barriers to industrial area investment and facilitating development through the use of incentives and regulatory relief; (ii) concentrating industrial attraction efforts in near-term industrial areas, such as the Yorkville Business Center and the Fox Industrial Park; (iii) facilitating redevelopment of industrial areas to accommodate industrial uses of different sizes and to achieve more modern office park settings; and (iv) encouraging best practices in industrial building/park design, stormwater management, landscape buffering and placemaking. The Comprehensive Plan identifies five (5) industrial areas with developable land, which include the Property. The proposed Major Change will advance the objectives of the Comprehensive Plan in facilitating industrial development through regulatory relief. 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. The City approved the Preliminary PUD Plan in 2024, finding that it was consistent with the City’s plans and policies. The proposed major change is consistent with the intent and character of the Preliminary PUD Plan. The proposed major change, which reduces the size and scale of development on the Property, is likewise consistent with the City’s plans and policies. The Comprehensive Plan specifically references the development of the Lincoln Prairie Industrial Properties (which include the Property) in its vision strategy, stating that “..future Industrial development should occur as a planned industrial subdivision, similar to the Yorkville Business Center…”. By granting Petitioner’s request for a planned unit development in 2024, and 11 with approval of Petitioner’s proposed major change, the City will facilitate this goal in the near term, much in advance of the long-term strategy outlined in its Comprehensive Plan. By approving development of the Property as a planned unit development, the City ensured the coordinated and thoughtful planning of a large-scale industrial property and established a framework for the type of phased investment that is generally required for a development of this size and scale. The approval of the proposed major change is consistent with this regulatory framework and preserves the character and intent of the development originally approved in 2024. 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. In 2024 the City found that the Preliminary PUD Plan reflected unified development in accordance with an integrated overall design. The two (2) land uses function as a cohesive whole and support one another; one for the electric substation and the other for data center building uses. As reflected on the Amended PUD Plan, access improvements, certain phase 1 detention improvements, and the new electric substation are currently under development by Petitioner. With the proposed major change, Petitioner proposes to reconfigure the buildings and the stormwater detention around those improvements already under construction. With this reconfiguration, Petitioner substitutes predominantly single-story buildings for the previously approved two-story buildings. With this change from two-story to single-story buildings, Petitioner has expanded the area of the Property being developed, including that area originally designated for “future development” north of the main entrance on Eldamain Road. However, Petitioner has also reduced the total square footage of building area to be constructed on the Property. 12 Consistent with the approved Preliminary PUD Plan, the data center campus will be developed as a gated and secure facility whereby public access will be strictly limited. The CHI 11 PUD Plan maintains the emphasis on perimeter treatments, which is how most residents will interact with the data center campus. Petitioner has maintained perimeter setbacks that were established with the Preliminary PUD Plan and affirmed with the Amended PUD Plan. A black aluminum security fence, as specified on the landscape plan, will enclose the perimeter of the Property. The fence is strategically located inside of the northernmost and southernmost detention basins. The fence is also located inside of the scheduled landscape buffer that extends along public facing sides of the Property. With the substantial perimeter landscape buffer and the setbacks incorporated into the West Complex PUD Plan, the much shorter single-story data center buildings now proposed by Petitioner will not be a dominant feature of the broader landscape. 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 CHI 11 PUD Plan 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. Petitioner strategically oriented data center improvements toward the core of the Property. Petitioner has emphasized open space around the perimeter of the Property, preserving setbacks approved with the Preliminary PUD Plan, and significantly expanding the size and scale of the southern detention basin located along Faxon Road. Planned perimeter setbacks are significantly greater than what is required under the zoning ordinance and upgraded perimeter landscape treatments will combine to create a substantial buffer to adjacent property. 13 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. With the approval of the Preliminary PUD Plan in 2024, the City confirmed Petitioner’s position that the plan for development of a data center campus is generally compatible with and consistent with the uses of adjacent parcels. With the major change, Petitioner is not changing the purpose or intent of the approved Preliminary PUD Plan. To the contrary, Petitioner is making changes which should benefit adjacent properties due to the reduction in size and scale of the development contemplated for the Property. Consistent with the approved Preliminary PUD Plan, the CHI 11 PUD Plan incorporates landscape buffers and building setbacks that exceed City Code requirements. 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 City specifically considered impact on public facilities and resources with the 2024 approval of the Preliminary PUD Plan. At that time, Petitioner and the City entered into certain agreements to facilitate necessary and appropriate utility and roadway improvements to serve the planned unit development. With the proposed major change, there is no relevant change in impacts to public facilities or resources. Nevertheless, Petitioner has updated plans and studies, which have been submitted in support of the proposed Major Change, to reflect the impact of the planned unit development. As reflected in Petitioner’s plans and studies, the development reflected on the CHI 11 PUD Plan will not pose a significant burden on public facilities and infrastructure, but will 14 improve public facilities and infrastructure in a manner that will likely facilitate additional investment on nearby properties. Notably, with the proposed major change, Petitioner has submitted a study by The Power Bureau, LLC, which evaluates potential electric system reliability and cost impacts associated with the proposed development of the Property (the “Power Bureau Study”). As detailed in the Power Bureau Study, the development of the Property will not reduce the reliability of the regional grid or the local utility network. Additionally, the data center campus is unlikely to cause cost increases for ComEd’s current customers. 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 proposed development of the Property 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. Petitioner has/will undertake necessary and appropriate studies to evaluate wetlands/waters, threatened/endangered species, and historical resources. Petitioner will coordinate necessary approvals with the City as a condition to the construction of improvements to the Property. REQUIRED DEVIATIONS FROM UNIFORM DEVELOPMENT ORDINANCE With the approval of the Preliminary PUD Plan and the PUD Agreement in 2024, the City approved certain deviations from Code. With the proposed major change, Petitioner is not seeking additional deviations, but seeks to carry forward the deviations approved in 2024. 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 major amendment to a special use for 15 a planned unit development with development allowances as detailed on the plans submitted herewith for the Property and pursuant to the appropriate provisions of the City’s Code. RESPECTFULLY SUBMITTED this 28th day of May, 2026. PETITIONER: C1 YORKVILLE LLC, a Delaware limited liability company Rosanova & Whitaker, Ltd. Attorney for the Petitioner CyrusOneYorkville 1 •CyrusOne is a leading global data center developer and operator specializing in delivering state-of-the- art digital infrastructure solutions. •CyrusOne operates in 9 countries globally. •CyrusOne owns and operates over 60 data centers around the world. 2 2024 Approved Plan 3 Minor Amendment approved February 20264 Major Change to PUD –Application Materials5 Experts •Bradd Hout, Laura Cottrell –CyrusOne •Brian Johnson, Dwight Trostle –Pinnacle Engineering Group •Joshua Cassarino, Dingo Iglesias, Connor Rutledge –Trinity Consultants •Michaele Hemme –Corgan Associates •Aaron Gruen, Andrew Ratchford –Gruen Gruen + Associates •Mark Pruitt –The Power Bureau •Andrew Lines –CohnReznick Advisory LLC •Ellen Raimondi-Schwartz –Gary R. Weber Associates, Inc. •Luay Aboona –KLOA 6 7 Site Plan Overlay 8 9 Major Change to PUD 10 11 Aerial 12 Elevation 13 Major Change to PUD –Application Materials14 Thank You 15 PINNACLE ENGINEERING GROUP 16 Brian Johnson, PE -Principal Pinnacle Engineering Group Education •Bachelors of Science, Civil Engineering, Bradley University (Peoria, IL) Work History, Certifications and Licenses •Registered Professional Engineer (IL, IA, IN, OH) •22 years of experience in public and private site land development 17 Dwight Trostle -Senior Project ManagerPinnacle Engineering Group Education •Bachelors of Science, Civil Engineering Technology, Southern Illinois University (Carbondale, IL) Work History, Certifications and Licenses •35 years of experience in public and private site land development 18 19 20 21 22 23 24 25 26 27 CORGAN ASSOCIATES 28 Michael Hemme, AIA, LEED AP -Principal Corgan Associates Education •Bachelor of Arts in Architecture, Miami University •Master of Architecture, University of Texas at Arlington Work History, Certifications and Licenses •21 years at Corgan Associates •19+ years focused exclusively on Data Center design •Licensed in Illinois and 10 other states 29 Entry Rendering 30 Proposed Elevations A & B 31 Proposed Elevation C 32 Proposed Elevation D 33 TRINITY CONSULTANTS SOUND 34 SINGLE SUMMARY 35 Joshua Cassarino -Associate Principal Trinity Consultants Education •Bachelors of Science in Mechanical Engineering with a Concentration in Acoustics, University of Hartford Work History, Certifications and Licenses •11 years in the environmental and AEC noise control industry •Member of the Acoustical Society of America 36 Digno Iglesias -Associate Trinity Consultants Education •Bachelors of Science in Acoustic Engineering, University of Hartford Work History, Certifications and Licenses •9 years in the equipment and AEC noise control industry 37 Sound Chiller Acoustical Barrier and Silencers Solid Barrier around Generators •Sound Sources: Emergency generators, chillers, RTUs, UPS fans, and transformers •Designed to meet IPCB (Illinois Pollution Control Board standards –the facility will comply with both city and state noise standards) •Sound-attenuation on cooling equipment •Sound attenuating generator enclosures •Acoustic barriers •Generator runtime minimal: testing, maintenance and rare emergencies Acoustic Barriers at rooftop equipment Images for example purposes only 38 NARRATIVE 39 Joshua Cassarino -Associate Principal Trinity Consultants Education •Bachelors of Science in Mechanical Engineering with a Concentration in Acoustics, University of Hartford Work History, Certifications and Licenses •11 years in the environmental and AEC noise control industry •Member of the Acoustical Society of America 40 Digno Iglesias -Associate Trinity Consultants Education •Bachelors of Science in Acoustic Engineering, University of Hartford Work History, Certifications and Licenses •9 years in the equipment and AEC noise control industry 41 •Yorkville, IL Code of Ordinances (Local Noise Code) •The City of Yorkville Noise Consultant has reviewed our submitted noise study and has confirmed that modeled noise levels comply of both codes. IPCB & Yorkville Noise Requirements •Illinois Pollution Control Board (State-wide Noise Code) 42 Acoustic Analysis Included Sound Sources: •Air-cooled chillers •RTUs •UPS fans •Transformers •Emergency Generators Sound levels were modeled using CADNA software to analyze projected noise levels at neighboring receivers Acoustic mitigation was then designed to comply with Yorkville and IPCB requirements 43 Noise Control Acoustic Barrier around ground-level Generators Discharge and Inlet Attenuators at Chillers Acoustic Barriers at rooftop equipment Generators housed in acoustic enclosures Images for example purposes only 44 Results –Yorkville Code Compliance 45 Results –IPCB Code Compliance Locations46 Results –IPCB Code Compliance 47 Results -Contours Typical Noise Levels No generator testing Maintenance Noise Levels 2 generators testing per building 48 Source: Federal Aviation Administration Comparative Noise Levels 49 Ambient Noise Measurement Locations Measurement Noise Levels 50 TRINITY CONSULTANTS AIR 51 Connor Rutledge -Senior Consultant Trinity Consultants, Inc. Education •BS in Chemical Engineering, Washington University in St. Louis Work History, Certifications, and Licenses •4 years of air permitting and compliance work in Illinois as part of a leading global environmental consulting firm 52 •Emissions sources: emergency generators •Provide emergency backup power to the data center in case of utility outage •Short periods of regular maintenance and testing, typically 10-15 hours per year per generator Emissions Sources 53 Permitting Process •The Clean Air Act (CAA) requires the USEPA to establish National Ambient Air Quality Standards (NAAQS) designed to protect human health and environment. o The CAA also requires the USEPA to establish emissions standards for sources (e.g., NSPS IIII and NESHAP ZZZZ for engines) to aid in achieving these NAAQS. •The Illinois EPA issues permits to ensure the USEPA standards are met, in addition to any applicable state- specific standards. •Permittees demonstrate compliance with permit restrictions through recordkeeping, testing, and reporting. The Illinois EPA ensures compliance through regular inspections. 54 •USEPA requires Tier 2 emissions standards (NSPS IIII, NESHAP ZZZZ) •CyrusOne emissions will meet more stringent Tier 4 emissions standards Pollutant Tier 2 (g/kW-hr)1 Tier 4 (g/kW-hr)1 PM 0.2 0.04 NOx + NMHC 6.4 0.862 1.Tier 2 and Tier 4 emissions standards specified in 40 CFR 1039 for engines >560 kW 2.Tier 4 emission standards in 40 CFR 1039 further specify limits of 0.67 g/HP-hr NOx and 0.19 g/HP-hr NMHC State of the Art Emissions Controls 55 CYRUSONE 56 Laura Cottrell -Senior Director, Environmental Compliance CyrusOne Education •Bachelors of Science, Chemistry •Masters of Science, Marine and Atmospheric Sciences Work History, Certifications and Licenses •20+ years experience in industry, consulting, and research •Acting co-chair, Data Center Coalition Air Permitting Committee 57 •Material storage typical for data centers, including diesel fuel, lubricating oil, and coolant associated with emergency generators; insulating oil associated with transformers; lead-acid batteries associated with Uninterruptable Power Supply systems; and refrigerant associated with cooling equipment. •Portfolio-wide systems to ensure best management practices and adherence to regulatory requirements: •Spill Prevention, Control, and Countermeasure plan in accordance with 40 CFR 112; •Chemical inventory reported in accordance with 40 CFR 370; •Refrigerant managed in accordance with 40 CFR 84 and portfolio-wide Refrigerant Management Program; •Waste managed in accordance with applicable regulations and portfolio-wide recycling initiatives. Material Storage & Waste Management58 •Tank Design: •All tanks aboveground •All tanks double-walled •Single tank for each emergency generator (integrated into emergency generator enclosure) •Compliance with Illinois State Fire Marshal requirements (plan approval required) •Spill Prevention Measures: •Portfolio-wide program to ensure adherence to federal Spill Prevention Control and Countermeasure (SPCC) regulations (40 CFR 112) •Regular inspections •Standard fueling procedures •Spill kits •Regular training Spill Prevention 59 GRWA 60 Ellen Raimondi -PWS Gary R. Weber Associates, Inc. Education •M.S. Geology and Environmental Geosciences •B.S. Geology and Environmental Geosciences Work History, Certifications and Licenses •10 years conducting wetland consulting services •Field delineations •Regulatory permitting •Land-use risk management •Professional Wetland Scientist certification (2024) 61 Project Compliance: Yorkville Chapter 16: Wetland Protection and Water Quality and Stormwater Benefits •Project Due Diligence •Formal wetland delineation was completed on the property by others in 2022 •Two (2) wetlands were identified•GRWA conducted a site visit in July 2024 •Confirmed no changes to previously delineated wetlands •GRWA obtained a “No Permit Required Letter” from the U.S. Army Corps of Engineers (USACE) (LRC-2024-108) •Delineation report is valid until July 2026 with an extension to July 2027 available. •Project Development •Project proposes impacts to the two (2) identified wetlands. •A total of 2.78 acres of wetland impact •Project will comply with Yorkville 16-1-3 by requesting a permit •Category II Impact (>2 acre impact) •Project will comply with Yorkville 4.2.1 General Mitigation Requirements •The appropriate wetland mitigation approach will be provided. The applicant can propose on-site wetland creation or off-site fee-in-lieu. Further coordination with the Village is required. 62 KLOA 63 Javier Millan -Principal KLOA, Inc. Education •Marquette University -Bachelor of Science in Civil Engineering with a concentration in Traffic/transportation Engineering Work History, Certifications and Licenses •Over 30 years of experience conducting traffic impact studies •Adjunct Traffic Engineer for the Village of Lombard •Member of the Institute of Transportation Engineers (ITE) 64 Study Area 65 Trip Generation Table 5 PROJECTED SITE-GENERATED TRAFFIC VOLUMES ITE Land- Use Code Type/Size Weekday Morning Peak Hour Weekday Evening Peak Hour In Out Total In Out Total 160 Data Center (1,854,805 s.f.) 73 30 103 18 75 93 66 Conclusion •Access to the proposed development will be provided via one full-movement access drive aligned opposite the existing Menards access drive on the east side of Eldamain Road,and via an egress only access drive located off Beecher Road. o The access drive on the east side of Eldamain Road will provide one inbound lane and two outbound lanes striped as an exclusive left-turn lane and a shared through/right-turn lane. o The access drive on the west side of Beecher Road will provide one outbound lane. o Outbound movements at both access drives will operate under stop sign control. o A southbound left turn lane serving this access drive should be provided via restriping of the existing median. o A northbound right-turn lane should be provided.This turn lane should provide a minimum taper length of 180 feet and a minimum storage length of 150 feet. •A proposed emergency exit will be provided via a right-in/right-out (RIRO)access drive located on the east side of Eldamain Road approximately 1,170 feet north of the main proposed access drive. •The existing roadway system has sufficient reserve capacity to accommodate the traffic estimated to be generated by the proposed development. •The proposed development will not have a significant impact on traffic operations along Eldamain Road. 67 THE POWER BUREAU 68 Mark Pruitt -Principal The Power Bureau Education •B.A., Bradley University •M.B.A., University of Illinois Work History, Certifications and Licenses •Illinois Power Agency (Director) •University of Illinois (Senior Program Administrator) •Nicor Gas (Power and Energy Project Developer) •Northwestern University (Adjunct Associate Professor, Master of Science in Energy and Sustainability Program) •Argonne National Laboratory (Lab Affiliate) 69 LOCAL NETWORK RELIABILITY •Any electricity disruptions at the data center will be localized to only the data center. •Electricity delivery infrastructure that serves the remainder of Yorkville will not be connected to the network that serves the data center. •Engineering review by ComEd that adding the Yorkville Data Center to the ComEd system will not reduce reliability for ComEd customers after system upgrades have been completed. Delivery infrastructure to Yorkville Data Center will be isolated from the remainder of the ComED network 70 POWER SUPPLY •The Commonwealth Edison utility region is served by the PJM regional grid. •PJM is responsible for ensuring adequate power supply for current and future consumers. •PJM decides which power plants operate on an hourly and sub-hourly basis using auctions. •There is no way to know which specific power plant is “making” your electricity at any given moment –the mix of power changes every hour. PJM meets the energy needs of 54 local utilities serving 65 million consumers by scheduling power generation from over 1,400 generating stations and moving that power over 88,000 miles of transmission lines.71 CONSUMER PRICES Energy supply prices are always changing –ComEd’s Price to Compare in March 2026 is 22% below the inflation adjusted price in March 2012 (15 years ago). $0.000000 $0.020000 $0.040000 $0.060000 $0.080000 $0.100000 $0.120000 $0.140000 March-12 March-26 Comparison of Current and Historical ComEd Price to Compare (Inflation-adjusted, $/kWh) ComEd Price to Compare was 22% higher in March 2012 than in March 2026 •Wholesale energy supply prices are set through the PJM auction process. •Prices set in the PJM auctions reflect the relative balance of supply and demand. •Demand for electricity is growing, but so will supply with 342,000 MW of maximum facility output awaiting connection to the PJM grid. •PJM is pursuing cost caps through 2030 to allow more new capacity to connect to the grid and help reduce prices. 72 SUSTAINABILITY The Yorkville Data Center is projected to pay over $647 million in fees to support Renewable Energy Programs through ComEd’s Rider REA Over thirty (30) years of operations, the Yorkville Data Center is projected to pay more than $647 million to support renewable energy development. The funds will be collected by ComEd under Rider REA. The funding from the Yorkville Data Center will be enough to support the development of over 1,000 MW of utility-scale solar capacity. 0 200 400 600 800 1,000 1,200 $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 Cumulative Utility Scale Solar Capacity SupportedAnnual Renewable Portfolio Standard FeesRenewable Energy Purchases Supported by Yorkville Datacenter Campus ($646 Million in Total Support, Equivalent to 1,000 MW of New Utility-Scale Solar Capacity) ANNUAL RPS PAYMENTS EQUIVALENT UTILTY SCALE SOLAR CAPACITY (MW) 73 EFFICIENCY Based on today’s tariff rates, the Yorkville Data Center is projected to pay over $621 million in fees to Commonwealth Edison through Rider EEPP to support Energy Efficiency Programs Over thirty (30) years of operations, the Yorkville Data Center is projected to pay over $621 million to support energy efficiency programs. These funds will be collected by ComEd through Rider EEPP. The funding from the Yorkville Data Center will be enough to support rebates for over 310,000 residential heat pumps for ComEd customers. 0 50,000 100,000 150,000 200,000 250,000 300,000 350,000 $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 Cumulative Residential Heat Pumps IncentivizedAnnual Energy Efficiency Program FeesEnergy Efficiency Supported by Yorkville Data Center ($621 Million in Total Support; Equivalent to 310,555 Residential Heat Pump Incentives) ANNUAL EEPS PAYMENTS RESIDENTIAL HEAT PUMPS SUPPORTED (CUMULATIVE) 74 EFFICIENCY Based on today’s tariff rates, the Yorkville Data Center is projected to pay over $108 million in fees to Commonwealth Edison through Rider ETACP to support Job Training and Apprenticeship Programs Over thirty (30) years of operations, the Yorkville Data Center is projected to pay over $108 million to support Illinois’ energy transition. These funds will be collected by ComEd through Rider ETAC. The level of funding provided by the Yorkville Data Center would be sufficient to support over 10,800 Pre-Apprenticeship trainings. 0 2,000 4,000 6,000 8,000 10,000 12,000 $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 Cumulative Climate Works Pre-Apprenticeships SupportedAnnual Energy Transition Assistance ChargesEnergy Transition Assistance Supported by Yorkville Data Center ($108 Million in Total Support; Equivalent to 10,800 Climate Work Pre-Apprenticeships) ANNUAL ENERGY TRANSITION ASSISTANCE CHARGE PAYMENTS CLIMATE WORKS TRAININGS SUPPORTED (CUMULATIVE) 75 FINDINGS RELIABILITY ComEd and PJM are responsible for maintaining local and regional service reliability to all customers. Engineering reviews by ComEd and PJM conclude that the development will not adversely impact the reliability of the local service network or the broader regional grid after necessary system upgrades have been completed. COST Regulation requires that the developer of the Yorkville Data Center cover all costs associated with delivering service. The Transmission Security Agreement (TSA), the Public Utility Act, and ICC-approved utility tariffs place the costs of connecting, supplying, and operating the development, as well as the required system upgrades, squarely on the Developer. SUSTANABILITY ComEd tariffs will collect payments from the Yorkville Data Center to support new renewable energy development, ComEd energy efficiency programs, and job training programs that benefit consumers and the environment. 76 GRUEN GRUEN + ASSOCIATES 77 Aaron Gruen -Principal Gruen Gruen + Associates Education •B.A., University of Chicago •J.D. DePaul College of Law Work History, Certifications and Licenses •Principal since 1991 •Fiscal and Economic Impact Analyses Completed for: DuPage Airport, Chicago Executive Airport, City of Aurora, City of Harvard, Village of Wilmette, Village of Gurnee, Village of Huntley, Village of Lansing, Village of Westchester, Village of Sugar Grove, City of Bulder (CO), Cities of Surprise and Tempe (AZ), and numerous other public and private clients 78 Andrew Ratchford –Senior Analyst Gruen Gruen + Associates Education •B.A., University of Colorado Work History, Certifications and Licenses •Senior Analyst since 2006 •Fiscal and Economic Impact Analyses Completed for: DuPage Airport, Chicago Executive Airport, City of Aurora, City of Harvard, Village of Wilmette, Village of Gurnee, Village of Huntley, Village of Lansing, Village of Westchester, Village of Sugar Grove, City of Bulder (CO), Cities of Surprise and Tempe (AZ), and numerous other public and private clients 79 ANNUAL TAX REVENUE IMPACTS OF DATA CENTER OPERATIONS ON CITY OF YORKVILLE Total Annual at Build-out of Campus* Electric Utility Tax $16,208,000 Property Tax $887,000 Annual Total Revenue for Yorkville $17,095,000 *Figures are rounded. 80 ANNUAL PROPERTY TAX REVENUE AT BUILD-OUT Tax Entity Annual Revenue (Based on Market Value of $602,569,175)* Plano School District #88 10,974,833 Bristol-Kendall Fire Protection District 1,253,505 Kendall County $1,060,682 Jr. College #516 $840,122 Forest Preserve $261,927 Yorkville Library $233,837 Bristol Township $134,152 Bristol TWP Road $98,219 City of Yorkville $886,741 Total $15,744,008 *The total Equalized Assessed Value upon build-out is estimated at approximately $200,856,400. 81 ANNUAL ELECTRIC TAX REVENUE AT BUILD-OUT Total Annual* Building Space in Square Feet at build-out of Campus 1,854,059 Average Monthly Electric Usage 254.5 kWh per square foot Average Monthly Electric Consumption 473,040,000 kWh* Average Monthly Tax Revenue @ 0.286 cents ($0.00286 per kilowatt-hour)$1,350,655 Annual Tax Revenue for Yorkville $16,207,859 * Based on a “power usage effectiveness” factor of 1.50 and a typical “utilization” factor of 80%. 82 ANNUAL ON-GOING ECONOMIC IMPACT OF DATA CENTER OPERATIONS ON YORKVILLE ECONOMY Total Annual at Build-out of Campus* Jobs 1,133 Labor Income $147.5 million Economic Output $845.6 million Income Per Job $130,000 * Figures are rounded. 83 ONE-TIME ECONOMIC IMPACT OF DATA CENTER CONSTRUCTION ON YORKVILLE ECONOMY Annual During Construction* Jobs 214 Labor Income $15.3 million Economic Output $84.9 million Income Per Job $71,300 * Figures are rounded. 84 COHNREZNICK ADVISORY LLC 85 Andrew R. Lines, MAI, CRE –Partner CohnReznick Advisory, LLC Education •BFA -Syracuse University: BFA Work History, Certifications and Licenses •20+ years of Appraisal Institute Coursework •Member of the Institute of Real Estate Management (IREM) •Member of the National Council of Housing Market Analysts (NCHMA) •Appraisal Institute (MAI) •Counselors of Real Estate (CRE) •Certified General Real Estate Appraiser in the states of: IL, IN, OH, AZ, NY, NJ, MD, FL, GA, KY, DC •Accepted as an expert in: Federal Court, State Circuit Courts, Chancery Court of Delaware, Multiple Counties in IL, IN, IA, PA, CO, & WA, Multiple Townships in MI & NY, State Power Boards of OH, WI, HI & KY Disclaimer:This summary of our conclusions is limited to the intended use, intended users (C1 Yorkville LLC and CyrusOne), and for the purpose of addressing local concerns regarding a battery energy storage system use having a perceived impact on surrounding property values. No part of this report may be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick Advisory LLC. 86 DATA CENTER PROXIMITY IMPACT STUDY Published Study: •Keith Waters, PhD and Terry Clower, PhD The Center for Regional Analysis, Schar School of Policy and Government, George Mason University, 2025 •Found no impact to homes closer to Data Centers •Studied thousands of homes in Northern Virginia •“The analysis fails to demonstrate statistical evidence that proximity to a data center negatively impacts housing values. This suggests that any negative externalities associated with data centers, such as noise, do not have a systemic effect on housing values.” 87 DATA CENTER PROXIMITY IMPACT STUDY CohnReznick studied established data center uses Rural Areas and performed a paired sales analysis of homes adjacent to existing data centers and before and after sale analysis adjacent to an existing data center. 88 DATA CENTER PROXIMITY IMPACT STUDY Conclusions: •Nominal variance in property values on a per SF basis for properties adjacent to data center uses when compared to similar properties locationally removed from their influence. •Rates of appreciation were higher for adjacent sale data than control data and also equal to or greater than FHFA Index data for same zip code. •No substantial difference in unit sale prices, conditions of sale, or overall marketability. •Confirmed activity with brokers, including Levi Boyd with BHHS Ambassador Real Estate, who discussed the Test Sale from Data Center Study 1 -a $1,595,000 property (2,300 feet away) that received multiple offers. Mr. Boyd mentioned that the adjacent data center was not a concern to buyers, the sellers said that Google was a good neighbor, and that there was no perceptible noise from the data center. •The data centers analyzed reflected sales of property adjoining an existing data center (Test Area Sales) in which the unit sale prices were effectively the same or higher than the comparable Control Area Sales that were not near a data center. Our research and analysis suggests that the proposed development is unlikely to detract from adjacent property values, based on the published study and this research. 89 BACKUP SLIDES 90 Site Plan Data 91 1 REQUEST SUMMARY: Pioneer Development, LLC, as the petitioner and contract purchaser, along with property owners Galena & 47th, LLC, MPLIV10, LLC, Sanjay and Sameer Gupta, Dale L. Konicek, LLC, and The Konicek Family Limited Partnership, have filed application to the United City of Yorkville, Kendall County, Illinois for a Major Amendment to an existing Planned Unit Development (PUD), approved via Ordinance No. 2025-77, of approximately 1,037 acres generally located northwest of Route 47 and Galena Road, south of Baseline Road, and east of Ashe Road referred to as Project Cardinal data center campus and illustrated in the map below. The petitioner is requesting an amendment to the previously approved Planned Unit Development (PUD) for an updated development Phasing Plan. Under the currently approved plan, development was to proceed in a counterclockwise sequence, beginning in the northeastern portion of the property, continuing to the western portion, and concluding in the southeastern portion. The proposed amendment would revise the development sequence to a clockwise progression, with Phase 1 beginning in the northeastern portion of the property, followed by development in the southeastern portion, and concluding along the western side of the site. Memorandum To: Planning and Zoning Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Senior Planner David Hansen, Senior Planner Date: July 2, 2026 Subject: PZC 2026-05 Project Cardinal – Major PUD Amendment Proposed Amendment to Planned Unit Development for Updated Phasing Plan 2 PROPERTY BACKGROUND Original PUD The originally approved Planned Unit Development (PUD) for the Project Cardinal data center campus (Ordinance 2025-77) contemplated the development of a fourteen (14) building campus totaling approximately 17 million square feet over a ten (10) year period. Development was to occur in three (3) phases, beginning with the construction of the substations located south of Baseline Road near the center of the site (Phase 0). Phase 1 would then proceed in the northeastern portion of the property with three (3) buildings. Phase 2 was planned for the northwestern portion of the campus and included four (4) buildings. The final phase would occur in the southeastern portion of the property and consist of seven (7) buildings and an additional substation. Collectively, the approved phasing plan established a counterclockwise development sequence, as illustrated below in Exhibit B of the approved PUD ordinance: Applicability for Major PUD Amendment Section 2.3, Terms for Construction, of the approved Planned Unit Development (PUD) Ordinance states that the Developer intends to construct the data center campus over a ten (10) year period in accordance with the submitted Phasing Plan. While the build-out schedule is advisory and non-binding, allowing the Developer to accelerate or delay phases without penalty, any modification to or reordering of the approved Phasing Plan requires City Council approval. Additionally, Section 7.4, Amendments, classifies a change in the sequencing of the Phasing Plan as a Major Amendment to the PUD. As such, the request must follow the review procedures set forth in 3 Section 10-8-8(F) of the Unified Development Ordinance, including a public hearing before the Planning and Zoning Commission. PROPOSED MAJOR PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT: As shown below, the revised Phasing Plan maintains the original Phase 0 development of the substations and modifies the subsequent construction into a clockwise sequence. Phase 1 would commence in the eastern portion of the property with the construction of three (3) data center buildings. Phase 2 would then proceed in the southeastern portion of the site and include seven (7) data center buildings and an additional substation. The final phase, Phase 3, would occur in the northwestern portion of the property and consist of four (4) data center buildings. Settlement Agreement The proposed amendment to the Project Cardinal data center campus Phasing Plan is the result of a recent settlement agreement approved by the City Council. Shortly before the City approved the Project Cardinal Planned Unit Development (PUD) Agreement and Preliminary PUD Plan in November 2025 for the approximately 1,037-acre data center campus, a lawsuit was filed by a property owner within an unincorporated subdivision located along Ashe Road, west of the subject property. To resolve the litigation, the City and the property owner entered into a settlement agreement that included several provisions, one of which required revisions to the previously approved Phasing Plan. Specifically, the agreement established a new sequence of development phases and set minimum substantial completion thresholds that must be achieved before construction may proceed to the next phase. 4 As part of the settlement, the City also agreed to process an amendment to the Planned Unit Development (PUD) Agreement to consider approval of the revised phasing plan in accordance with the amendment procedures contained in the PUD Agreement and the requirements of the City's Unified Development Ordinance. The settlement agreement was approved by the City Council on June 23, 2026. STAFF COMMENTS: The proposed Major Amendment to the originally approved Planned Unit Development (PUD) for the Project Cardinal data center campus is necessary to ensure compliance with the terms and conditions of the recently approved Settlement Agreement. Furthermore, the approval of this amendment will ensure consistency between the City's entitlement documents and provide certainty regarding the future sequencing and development of the campus. Since the petitioner is not proposing any changes to the character, use, intensity, or overall design of the approved Planned Unit Development (PUD) and is only seeking to modify the sequencing of construction activities as a result of litigation and the associated Settlement Agreement, it is not necessary to re- evaluate the Standards for Special Uses, or the Standards for Planned Unit Developments set forth in Sections 10-8-5 and 10-8-8 of the Unified Development Ordinance (UDO). The findings previously made by the Planning and Zoning Commission on July 9, 2025, remain applicable and valid, as reflected in Section 5 of Ordinance No. 2025-77 approving the PUD. PROPOSED MOTION: In consideration of testimony presented during a Public Hearing on July 8, 2026, the Planning and Zoning Commission recommends approval to the City Council of a request for a Major Amendment to the Special Use authorization of a Planned Unit Development for Project Cardinal’s Updated Phasing Diagram, as prepared by Burns McDonnell, for a data center campus to be located northwest of Route 47 and Galena Road, south of Baseline Road, and east of Ashe Road, and further subject to {insert any additional conditions of the Planning and Zoning Commission} … Attachments: 1. Petitioner’s Application 2. Legal Description 3. List of Contiguous Property Owners within 500 feet 4. Ordinance 2025-77 5. Updated Phasing Diagram 6. Settlement Agreement 7. Public Hearing Notice 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. column_1 MailingAdd__MailingA_1 MailingCit__MailingSta__MailingZip PINS Current Owner / Occupant CAPS 801 WARRENVILLE RD STE 150 LISLE IL 605324328 14-31-200-002 Current Owner / Occupant DEBRA BAUMGARTNER 2506 N CLARK ST STE 2950 CHICAGO IL 606141849 14-31-300-001 Current Owner / Occupant DEBRA BAUMGARTNER 2506 N CLARK ST STE 2950 CHICAGO IL 606141849 14-31-400-001 Current Owner / Occupant DEBRA BAUMGARTNER 2506 N CLARK ST STE 2950 CHICAGO IL 606141849 14-32-300-001 Current Owner / Occupant 1107 S BRIDGE ST STE D YORKVILLE IL 605601747 14-33-377-018 Current Owner / Occupant MAURICE E ORMISTON, TRUSTEE 11718 NEWARK RD NEWARK IL 605419236 14-33-400-028 Current Owner / Occupant % RALPH HARKISON PO BOX 3 BIG ROCK IL 60511 14-32-300-006 Current Owner / Occupant 43W904 BASELINE RD SUGAR GROVE IL 605549649 14-32-300-007 Current Owner / Occupant 525 S EDGELAWN DR AURORA IL 60506 14-32-300-008 Current Owner / Occupant 525 S EDGELAWN DR AURORA IL 60506 14-32-300-009 Current Owner / Occupant 525 S EDGELAWN DR AURORA IL 60506 14-32-400-001 Current Owner / Occupant 9 BEL AIRE CT BURR RIDGE IL 605278382 14-32-400-002 Current Owner / Occupant JAMES A SHERMAN 602B W 5TH AVE NAPERVILLE IL 605632902 14-33-301-001 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2025-77 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING A PLANNED UNIT DEVELOPMENT AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE AND PIONEER DEVELOPMENT, LLC Project Cardinal) Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 10"' day of November, 2025 Prepared by and Return to: United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on November 14, 2025. Ordinance No. 2025-77 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING A PLANNED UNIT DEVELOPMENT AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE AND PIONEER DEVELOPMENT, LLC Project Cardinal) WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing non -home -rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, Pioneer Development, LLC, an Illinois limited liability company, the contract purchaser of approximately 1,037 acres of land located west of North Bridge Street Illinois State Route 47), east of Ashe Road, and directly south of East Baseline Road (the Development Site") upon which the Developer proposes to develop a secured data center campus the "Project"); and WHEREAS, approximately 307 acres of the Development Site (the "Unannexed Properties") are not within City boundaries and the Developer joined with the owners of the Unannexed Properties to petition the City for annexation; and WHEREAS, as part of its proposal, the Developer submitted an application to the City requesting rezoning and a special use planned unit development at the Development Site which the City has found to be complete and consistent with the City's purpose and intent of the planned unit development and policies for industrial development within the City; and WHEREAS, the City's Unified Development Ordinance addresses requirements that must be met for development; and WHEREAS, the City has engaged in the following activities relating to the application of the Developer and consistent with City codes: Ordinance No. 2025-77 Page 2 DATE ITEM PURPOSE DOCUMENT LINK Request for Annexation, Rezoning, and PUD approval includes: 1. Project Introduction 2. Applications for annexation, rezoning, PUD and Special Use — and responses to Initial standards Project Cardinal Application packet https:l/www.yorkville.il.us/DocumentCenteriView/ March 14, Application 3. Conceptual Plan 2025 4. Building elevations 11328/PROJECT-CARDINAL-APPLICATION- submittal 5. Landscape plan PACKAGE---20250314?bidId=} 6. Traffic Impact Analysis 7. Stormwater Calculations 8. Security fencing 9. Annexation Map 10. Legal Description 11. Consent of Owners 12. Contiguous Owners Public facing webpage providing anticipated meetingProjectPageschedule, description of project Project Cardinal Project Pa e March 21, created and and requested entitlements, as https://www.yorkville.il.us/906/Project- 2025 published on well as links to all documents. Cardinal -Data -Centex -Campus -Anne) City's website Website updated consistently with new application materials. o Annexation A lication https://www.yorkville.it.us/Docu mentC enter/View/ 113 30/21--- Annexation-Application--- Update?bidld=) o Rezoning A licatian https://www.yorkville.il.us/Docu mentCenter/View/11331 /31--- Revised Rezoning-Application--- March 24 Application Updated application materials Update?bidId=) 2025 submittal o PUD Application https://www.yorkville.il.us/Doeu mentCenter/View/l 1332/41--- PUD-Application--- Update?bidId=) o Preliminary PUD Application https://www.yorkville.il.us/Doeu mentCenter/View/11334/191--- Prelim-PUD-Plan?bidId=) Ordinance No, 2025-77 Page 3 DATE ITEM PURPOSE DOCUMENT LINK March 27, Corresponden City response to email from the o 03-27-25 Email to Elizabeth 2025 ce public — Elizabeth Fotopoulous. Fotopoulous o Meeting Packet Agenda Staff Level technical review of attached as "4-10-25 Plan April 10, Plan Council project with thep Council Agenda & Packet revised 4- 7-25" 2025 Meeting applicant/developer (not open to o Meeting Minutes attached as public) Plan Council April 10, 2025" Staff Memo attached as "EDC 5-6- 25_Project Cardinal —Annex, Rezone, PUD & Preliminary Plan" c EDC 5-6-25 Packet https:I/www.yorkville.il.us/Archi veC enter/ViewFile/Item/6225) Informal feedback from o EDC 5-6-25 Meeting Minutes Economic subcommittee of elected https://www.yorkville.il.us/Archi Development officials (no quorum at meeting veCenter/ViewFilelItem/6304) May 6, 2025 Committee but presentation to ublic iven o EDC 5-6-25 Meeting Audio Meeting no committee action taken https://www.yorkville.il.us/Doeu and rescheduled to June 3, mentCenter/View/11441/Economi 2025) c-Development-Audio --- May-6- 2025-MP3) o Petitioner Presentation https://www.yorkville.il.us/Doeu mentCe nterlViewI114261250505- Project-Cardinal Arch -Progress - Set com ressed?bidld=) May 14, Corresponden City response to email from o Attached as "DATA CENTER 2025 cc public - Scott Stafford. OPPOSITION EMAIL 5-14-25 o Application Section 15.1 - Application revised to include Contiguous Owners for Kane nearby property owners in Kane Kendall Counties Revised County, response to Plan https://www.yorkville.il.us/Doeu May 30, Application Council meeting comments, mentCenter/View/11522/Applicat 2025 submittal Traffic Methodology Memo, ion-151---Contiguous- ion-Section updated landscape plan, site o Plan Council Response Letter plan and elevations https://www.yorkville.il.us/Do cum ent C enter/ Vi ew/ 115 2 3 / Pro Ordinance No. 2025-77 Page 4 DATE ITEM PURPOSE DOCUMENT LINK j ect-Cardinal- --Plan- Council - Response --- 53025?bidId—) o Traffic Methodology Memo https://www.yorkville.il.us/Doeu mentCenter/View/11524/Proj ect- Cardinal---Traffic-Methodology- Memo-002?bidId=) o Landscaping_ Plan https://www.yorkville.il.us/Doeu mentCenter/View/115251Proj ect- Cardinal--- Landscaping- 002?bidId=) o Site Plan and Building Elevations https://www.yorkville.il.us/Doeu mentCenter/View/11 526/Project- Cardinal---53025 -Drawing-Set- 002?bidId=) Economic o EDC 6-3-25 Packet June 3, 2025 Development Meeting cancelled — no quorum https://www.yorkville.il.us/Archi Committee veCenter/ViewFile/Itern/6266) Meeting Per Plan Council recommendation, developer sent letter on June 2, 2025 to Developer nearby property owners along outreach letter Galena Road, Ashe Road, Attached as 4GLtr to Property June 5, 2025 resident Baseline Road and in the Bristol Owners" Bay subdivision inviting them meeting to a community meeting to review the plans for the proposed data center and ask questions. Staff Memo attached as "CCPH 6- 10-25_Project Cardinal —Annexation Agreement 6- 5-25" o CC 6-10-25 Packet https-://www.yorkville.il.us/Arehi City Council veCenter/ViewFile/Itexn/6268) June 10, public Public hearing for Annexation o CC 6-10-25 Meetiniz Minutes 2025 Hearing Agreement https://www.yorkville.il.us/Archi veCenter/ViewFile/Item/6322) o CC 6-10-25 Meeting Audio https://www.yorkville.il.us/Doeu mentC enter/View/ 115 57/City- Council-Audio---June-10-202 5- MP3) Ordinance No. 2025-77 Page 5 DATE ITEM PURPOSE DOCUMENT LINK o Petitioner Presentation Materials at 6110/25 Cif Council Meeting https://www,yorkville.il.us/Doeu mientCenter/View/ 115 9 6/Annexati on-Meeting_Develop er- Pres entation?bidld=) REQUIRED PUBLIC NOTICES o Published in paper on May 23, 2025 (affidavit of publication attached as "7815891 Affidavit" o Notices to Township & Fire District sent on May 20, 2025 certified mailing receipts attached as "Certified Mailing Receipts _PC2025-08_CC PH 6-10-25") Staff Memo attached as "PZC 6-11- 25_Project Cardinal_Rezone, PUD Preliminary Plan" o PZC 6-11-25 Packet https://www.yorkville.il.us/Archi v eC ent er/ ViewF i l e/It em/ 6 310 ) o PZC 6-11-25 Meeting Minutes Transcript https://www.york-ville.il.us/Archi Public hearing for Rezoning veCenter/ViewFile/Item/6344) and Special Use for a PUD. o PZC 6-11-25 Meeting Audio Also review and https://www.yorkville,il.us/Doeu Planning & recommendation of a mentCenter/View/11559/Planning June 11, Zoning Preliminary PUD Plan. The and-Zoning-Commission-Audio- 2025 Commission Planning and Zoning June-1 i-2025-MP3) Meeting Commission continued the REQUIRED PUBLIC NOTICES public hearing to Wednesday o Published in paper on May 23, 2025 (affidavit of publicationJuly92025. attached as "7816015 Affidavit" o Certified Affidavit of Mailing by petitioner on May 22, 2025 attached as "Certified Affidavit of Mailing_Project Cardinal _May 22, 2025") o Green cards and certified receipts available to send b Ordinance No. 2025-77 Page 6 DATE ITEM PURPOSE DOCUMENT LINK separate e-mail _ifneeded (file is too large to attach Staff Memo attached as "EDC-7-1- 25—Project Cardinal —Rezone, PUD Preliminary Plan" o EDC 7-1-25 Packet https://www.yorkviLLe.it.us/Archi Economic Informal feedback from veCenter/ViewFile/Item/6302) July 1, 2025 Development subcommittee of elected o EDC 7-1-25 Minutes https://www.yorkville.il.us/Arch Committee officials iveCenter/ViewFi le/Item/6371) o EDC 7-1-25 Audio https://www.yorkvi[Le.it.us/Doc umentCenter/View/11597/Econ omic-Development-Audio--- J u ly-1-2025-M P3) o Site Plan and Building Elevations https://www.yorkville.il.us/Docu mentC enter/View/l 15 99/250703- Proj ect-Cardinal_ Arch -Drawing - Set Site-Plan?bidld=) o Architectural Pers ective https-://www.yorkville.il.us/Doeu mentCenter/View/ 11605/250625- Proj ect- Cardinal Perspectives reduced?b Updated site plan, building idld=) elevations, architectural o Landscape Plans Supplemental renderings, landscape plan, https://www.yorkville.il.us/Docu July 3, 2025 Application landscape buffer elevation, mentCenter/View/11603/Prelim- Campus-Landscape-Concept-7- materials wetland delineation report, 02 reduced.bidId=} photometric plan, preliminary o Landscape Buffer Elevation sound study https://www.yorkville.il.us[Doeu mentCenter/View/11604/Proj ect- Cardinal--- 02--- ELEVATIONS?bidId=) o Wetland Delineation Rpport https://www.yorkville.il.us/Doeu mentCenter/View/11601 /176350 ProjectCardinal_WDR 05232025 bidId=) o Photometric Plan https://www.yorkville.il.us/Docu mentCenter/View/l 1602/250701- Ordinance No. 2025-77 Page 7 DATE ITEM PURPOSE DOCUMENT LINK Proj ect-Cardinal Site- plan_PGE?bidld=) c Prelimina Sound Stud https-://www.yorlcville.il.usADocu mentCenter/View/l 1600/182671 -- Project-Cardinal---Sound-Study- 070125?bidld=) Staff Memo attached as "PZC 7-9- 25_Project Cardinal_ Rezone, PUD Preliminary Plan final" o PZC 7-9-25 Packet https://www.yorkville.il.us/Archi veCenter/ViewFile/Item/6310) o PZC 7- 9-25 Minutes & Transcript https://www.yorkville.il.us/Archiv eCenter/ViewFile/ltem/6395) Planning & o PZC 7-9-25 Audio July 9, 2025 Zoning Continued public hearing https://www.yorkville.il.us/Docu Commission mentCenter/View/11614/Planning and-Zoning-C ommission-Audio- July-9-2025-MP3) o Petitioner's Presentation https://www.yorkville.il.us/Doeu mentC enter/View/11613 /PZC - Hearing-2?bidld=) o Updated Sound Study https://www.yorkville.il.us/Doeu mentCenter/View/l 1620/182671 -- Project-Cardinal---Sound-Study- Rev i ?bidld=) o Updated Traffic Study dated Supplemental July 21, 2025 July 21, Application Updated Traffic Study https://www.yorkviile.il.us/Docu 2025 mentCenter/View/11640/ddf7c8ce materials 3682-45e4-99f4- 8ffcabe62502?bid1d=) Staff Memo attached as "CC 7-22- 2S_Project Cardinal —Rezone, PUD Preliminary Plan revised" Discussion item with Planning o CC 7-22-25 Packet July 22, and Zoning Commission https://www.yorkville.il.us/Archi 2025 City Council recommendations and ado tion veCenter/ViewFile/Item/6360) o CC 7-22-25 Minutes of findings of facts https://www.yorkville-it-us/AreM veC enter/ViewFile/Item/63 94) o CC 7-22- 25 Audio htLps://www.york-ville.il.us/Docu_j Ordinance No. 2025-77 Page 8 DATE ITEM PURPOSE DOCUMENT LINK mentC ent er/View/ 11645/City- Council-Audio---July-22-2025 - MP3) o Pioneer Development - Project Cardinal Sound Study Presentation (Burns McDonnell) https-://www.yorkville.il.us/Do cumentCenterNiew/ 11665/Pio veer -Development --- Sound- Study?bidId=) Initial Sound Study o Peer Review of Project August 12, Presentations by Petitioner and Cardinal's Initial Sound Study 2025 City Council City Sound Engineering Presentation (Soundscape Consultant Engineering) https://www.yorkville.il.us/Do cumentC enter/View/ 116 66/S o undscape-Presentation--- Proj ect-Cardinal-Initial-Sound- Study-Review---8-11-25- 002?bidId=) o CC 8-12-25 Minutes https-://www.yorkville.il.us/Archi veC enter/ViewFile/Item/643 5) o CC 8-26-25 Packet https://www.yorkville.il.us/Ar chiveC enter/ViewFile/Item/64 01) o CC 8-26-25 Minutes https://www.yorkville.il.us/Ar August 26, City Council General discussion item chiveCenter/ViewFile/Item/64 2025 36) o CC 8-26-25 Audio https://www,yorkville.il.us/Do cumentC enterNiew/ l 16 45/Cit y-Council-Audio --- July-22- 2025-MP3) o Updated Site Plan dated 8/26/2025 August 27, Supplemental Application Updated site plan, landscape https://www.yorkville.il.us[Doeu mentCenter/View/11734/Project- 2025 materials plan, and sound study follow-up Cardinal-Site-Plan-826259bidId=) o Updated Landscape Plan dated 8/26/2025 Ordinance No. 2025-77 Page 9 DATE ITEM PURPOSE DOCUMENT LINK https://www.yorkville.il.us/Doeu mentCenter/View/11735/Proj ect- Cardinal---02---Landscape--- 82625?bidld=) o Sound Study Follow-up responses dated Au List 27, 2025 https://www.yorkville.il.usiDoeu mentCenterlView/117361Project- Cardinal- S ound-Study-Update- 82725?bidld=) o Emergency Sound Level Contours (dBA) https://w-ww.yorkville.il.us/Docu mentC enter/View/11746/Figure- Supplemental Additional sound study 5---Emergency-Noise-Levels- September 5, 2025 Application information and water usage dBA.bidld—) a Proiect Cardinal - Water Usage materials memo Memo https://www.yorkville.il.us/Docu mentCenterlView/ 11747/Proj ect- Cardinal-Memo---Water?bidld=) Staff Memo attached as "CC 9- 9- 25_Project Cardinal_ Rezone, PUD Preliminary Plan revised" o CC 9-9-25 Packet https://www.yorkville.il.us/Archi veCenterNleWFile/Item/6416) September o CC 9-9-25 Minutes City Council General Discussion Item https://www.yorkville.il.us/Archi9, 2025 veC enterNiewFile/Item/6445 ) o CC 9-9-25 Audio https://www.york-ville.il.us/Doeu mentCenterlView/ 11766/City- Council-Audio--- September-9- 2025-MP3) o CC 9-23- 25 Packet https://www.yorkville.il.us/Archi veC enterNiewFile/It em/6441) o CC 9-23-25 Minutes September Presentation by Petitioner and https://www.yorkville.it.us/ArcE 23, 2025 City Council general discussion item veCenter/ViewFile/Item/6465) o CC 9-23-25 Audio https://www.yc)rkville.il.us/Doe-a mentCenterlView/11927/Cit - Ordinance No. 2025-77 Page 10 DATE ITEM PURPOSE DOCUMENT LINK Council -Audio --- September-23- 2025-MP3) o Petitioner's Presentation https://www,yorkville.il.us/Doeu mentC enter/Vi ew/11922/CRG--- Yorkville-City-Council- Meetin ?bidId=) c Updated Site Plan, Building Elevations and Architectural Renderings dated 9/30/25 https://www.yorkville.il,us/Doeu mentCenter/View/ 11979/250930- Project - Updated site plan, elevations, Cardinal_ Arch_ compressedl0l?b October 1, October Application architectural renderings, and idId=) 2025 materials landscape plan o Updated Landscape Plan dated 9/26/2025 https://www,yorkville.il.us/Doeu mentC enter/View/ l 19 80/Proj ect- Cardinal---BMCD--- Landscape101?bidId—) Staff Memo attached as "CC 1044- 25_Project Cardinal —Rezone, PUD Preliminary Plan_revised" o CC 10- 14-25 Packet https://www.yorkville.il.us/Archi veCenter/ViewFile/Item/6463 ) October 14, City Council General Discussion Item o CC 10- 14-25 Minutes (not 2025 available yet) c CC 10-14-25 Audio https://www.yorkville.il.us/Docu mentC enter/ View/ 12194/City- Council-Audio---October-l4- 2025-MP3) o Updated Traffic lm act Stud Supplemental dated October 20, 2025 October 20, Application Updated Traffic Impact Study https://www.yorkville.il.us/Doeu 2025 mentCenter/View/12207/Project- materials Cardinal---Traffic-Impact- Stud V2 2025-10-20?bidId=) o CC 10-28-25 Packet Recommended City Council https://www.yorkville.il.us/Archi October 28, City Council Vote on Annexation and PUD veCenter/ViewFilelltem/6479) 2025 agreements o CC 10-28-25 Minutes (not available yet) Ordinance No. 2025-77 Page 11 DATE ITEM PURPOSE DOCUMENT LINK o CC 10-28-25 Audio https://www.yorkville.il.us/Doeu mentCenter/View/l 2215/City- Council-Audio---October-28- 2025-MP3) o 10-30-25 Email to October 30, Corresponden Address Community Comments Baumgartner - attached 2025 CC and City Council Updated o CC 10-30-25 Memo and Traffic study results results - attached o Section 3.10 of the PUD November Supplemental Requirements for Emergency Agreement — Page 746 3, 2025 materials Plan https://www,yorkville.il.us/Archi veC enterNiewFile/ltem/6479) o Updated Project Cardinal Phasing plan November Supplemental Updated Phasing Plan https://www.yorkville.il.us/Doeu 5, 2025 materials mentCenterNiew/12247/Project- C ardinal-Phasing-Plan--- 11525?bidld=) WHEREAS, the Mayor and Aldermen have reviewed all of the foregoing information relating to the proposed development of the Project and the use of the Development Site; and WHEREAS, all of the foregoing information has been provided to the public when required by law and has again been provided as part of the meeting packet for this November 10, 2025 meeting; and WHEREAS, in addition to the foregoing, City Staff has responded to private communications from certain property owners in the City and even outside the City relating to the proposed Project and Development Site, which are contained in the included hyperlink (Project Cardinal Project Page); and WHEREAS, to establish the specific development standards, regulations, limitations and conditions regarding the development of the Project and the use of the Development Site, the City and Developer have negotiated a Planned Unit Development Agreement (the "PUD Agreement") Ordinance No. 2025-77 Page 12 substantially in the form attached hereto, setting forth all development regulations and conditions for the construction and operation of the Project; and WHEREAS, in order to proceed with the Project, as proposed, the Developer and the City intend to enter into an Annexation Agreement providing, among other things, the terms and conditions pertaining to the annexation of the Unannexed Properties as a part of the Development Site and terms and conditions of the construction and operation of the Project; WHEREAS, in addition to an Annexation Agreement and the PUD Agreement the City and the Developer are prepared to enter into a Development Agreement pertaining to the obligations of the Developer regarding the Project and a Utility and Infrastructure Agreement providing for the obligations of the Developer for all public infrastructure including utilities and roadways; WHEREAS, the City has determined that the approval of this PUD Agreement is in the best interest of the City and its residents and are prepared to proceed but only in the event the certain conditions and contingencies hereinafter set forth (the "Conditions") are fully satisfied and implemented on or before July 1, 2026. WHEREAS, the Conditions include that the PUD Agreement will not be effective until the Development Agreement and the Utility and Infrastructure Agreement are executed and effective. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. All of the Preambles set forth above are incorporated herein as if restated. Ordinance No. 2025-77 Page 13 Section 2. The City hereby adopts all Findings of Fact and Recommendations of the City Planning and Zoning Cominission as the Findings of Fact and Recommendations of the Mayor and City Council; Section 3. The Mayor and City Council find that the Planned Unit Development meets all standards required by Section 10-8-8 of the City Unified Development Ordinance. More specifically, considering all of the evidence including, without limitation, the Developer's application, and the records and materials detailed in the Recitals above, all of which are hereby incorporated by reference, the Mayor and City Council have determined that the Planned Unit Development meets all standards in the categories to be considered based upon the Ordinance: 1. Plan and Policy Alignment. 2. Integrated Design with Identifiable Centers and Edges. 3. Public Welfare. 4. Compatibility with Adjacent Land Uses. 5. Impact on Public Facilities and Resources. 6. Archaeological, Historical or Cultural Impact. Section 4. The Mayor and City Council find that the Planned Unit Development meets all standards required by Section 10-8- 5 the City Unified Development Ordinance, including Section 10-8-8. More specifically, the Mayor and City Council have determined that Planned Unit Development meets all standards in the categories to be considered based upon the Unified Development Ordinance: 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. Ordinance No. 2025-77 Page 14 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. Section 5. In approving this Ordinance, the Mayor and City Council have also considered the following factors regarding Project Cardinal and the association Planned Unit Development and Special Uses: 1. The proposed land use is consistent with the purposes of the Unified Development Ordinance and the Comprehensive Plan, specifically recent amendments to the Comprehensive Plan for areas near and adjacent to the subject property that identify General Industrial future land uses for the area, specifically for data center projects, which are consistent with the M-I and M- 2 zoning districts. Ordinance No. 2025-77 Page 15 2. The City's standard practice is to update or amend the Comprehensive Plan, as necessary, following a PUD approval, and it did not find a reason to change this practice given the recent amendments to the Comprehensive Plan and the length of time the subject property has remained undeveloped as currently zoned and its existing PUD either had or will soon expire. 3. The proposed land use is compatible with the existing and planned uses and zoning of nearby properties and that such compatibility is enhanced through set -backs, berming, landscaping and other features. 4. The proposed land use does not significantly diminish the property values of the subject property or nearby properties, and to the extent the property values of any nearby properties are diminished, such diminishment would be offset or outweighed by an expected decrease in property taxes for nearby properties based on the increase in property taxes received by the City from the new development on the subject property. 5. The community needs this proposed land use to further its Comprehensive Plan and strategic goals for the City, and to the extent there is any destruction of property values the proposed land use promotes the health, safety, morals or general welfare of the public. 6. The relative gain to the public from this proposed land use outweighs any hardship imposed upon any individual property owners. 7. The subject property is suitable for the purposes of the proposed special uses and Planned Unit Development. Ordinance No. 2025-77 Page 16 8. The proposed land use will not result in an individual parcel zoned in one zoning district that is not shared with adjacent parcels. 9. The proposed parcels to be rezoned shall meet the minimum frontage and area requirements of the requested zoning district as specified in Section 10-3-9(A) in the Unified Development Ordinance. 10. The length of time the property has been vacant as zoned in the context of land development in the area and vicinity of the public property. 11. The care with which the City has undertaken in its review of the development plan. Section 6. The Mayor and City Council further find that prior ordinances (Ordinance No. 2005-78 and 2004-40) by which some of the parcels comprising the PUD were annexed are no longer enforceable, null and void because the annexation agreements have expired and development has not occurred in accordance with such prior ordinances. Section 7. The Mayor and City Council have determined that the phased construction plan minimizes impacts on residential structures. The phasing of the development is now anticipated to be in accordance with Exhibit B of the PUD Agreement. Section 8. The Mayor and City Council find that the City's project page has informed citizens regarding how the certain areas are adequately addressed by the plan, including capacity of water and sewer system, sound concerns, the phasing plan, and traffic study. Section 9. The Planned Unit Development Agreement By and Between the United City of Yorkville and Pioneer Development, LLC is hereby approved, substantially in the form attached hereto and made a part hereof as Exhibit A and the Mayor and City Clerk are hereby authorized to Ordinance No. 2025-77 Page 17 execute and deliver said Agreement. The PUD Agreement shall become effective only upon satisfaction of the following conditions: a) Acquisition of the Property by Pioneer, or its assignee, but only if assignment is permitted by the terms of the Annexation Agreement and all of the acreage required for the Project (collectively the "Development Site") and recordation of all instruments of conveyance granting Pioneer fee simple title to the Development Site; b) Recording of a certain Annexation Agreement covering the Development Site approved on the 10th day of November, 2025; c) Approval by the Corporate Authorities of a certain Development Agreement covering the Development Site and execution thereof by Pioneer and the City on or before July 1, 2026; d) Approval by the Corporate Authorities of a certain Utility and Infrastructure Agreement covering the Development Site and execution thereof by Pioneer and the City on or before July 1, 2026; e) Recordation of Covenants and Restrictions covering the Development Site; and 0 Recordation of the Annexation Agreement, this Planned Unit Development Agreement, the Development Agreement and the Utility and Infrastructure Agreement upon the Development Site. Section 10. The Planned Unit Development Agreement is not currently effective because the Corporate Authorities have not approved the Development Agreement covering the Development Site and such Development Agreement has not been executed by Pioneer and the City; Ordinance No. 2025-77 Page 18 Section 11. The Planned Unit Development Agreement is not currently effective because the Corporate Authorities have not approved the Utility and Infrastructure Agreement covering the Development Site and such Utility and Infrastructure Agreement has not been executed by Pioneer and the City; Section 12. This Ordinance shall be in full force and effect after its passage, publication and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 10 ' day of November, A.D. 2 02 5. CITY CLERK KEN KOCH AYE DAN TRANSIER ARDEN JOE PLOCHER AYE CRAIG SOLING CHRIS FUNKHOUSER AYE MATT MAREK RUSTY CORNEILS AYE RUSTY HYETT APPROVED by me, as Mayor of the United City ofYorkvil this day of , A.D. 2025. Attest: ITY CLERK AYE ABSENT AYE AYE Ordinance No. 2025-77 Page 19 Planned Unit Development Agreement By and Between The United City of Yorkville and Pioneer Development, LLC Project Cardinal) This Planned Unit Development Agreement by and between the United City of Yorkville, Kendall County, Illinois and Pioneer Development, LLC, a limited liability company of the State of Illinois is entered into this _LC)1fUay of N OV Y?7bE; 2025. Article 1. Preambles 1.1 The United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing non -home rule municipality pursuant to the 1970 Constitution of the State of Illinois and the laws of the State. 1.2 The Project. Pioneer Development, LLC, a limited liability company of the State of Illinois the "Developer") is the contract purchaser of a combined 1,037 acres located west of North Bridge Street (Illinois State Route 47), east of Ashe Road, and directly south of East Baseline Road, identified as parcel numbers 02-05-300-003, 02-04-300-032, 02-04-300-024, 02-05-400- 021, 02-09-100-031, 02-09-100-030, 02-04-100-015, 02-05-200-007, 02-06-100-022, 02-06-200- 002, 02-05-400-022, 02-05-200-006, 02-04-100-016, 02-06-400-008, 02-06-200-003, 02-05-100- 003, 02-05-100-005, 02-05-400-009, 02-04-300-018, 02-04-300-017, 02-06-400-001, 02-05-200- 004, 02-05-200-001 (collectively the "Subject Property") upon which the Developer intends to develop a secured data center campus (the "Project"). The Project is generally depicted on the site plan attached hereto as Exhibit A (the "Site Plan") and consists of fourteen buildings, two onsite electrical substation, a utility switchyard, and associated stormwater basins, to be constructed in phases over a period of approximately ten (10) years. 1.3 Zoning. The Subject Property shall be zoned M-2 General Manufacturing District upon annexation of the Subject Property to the City as provided in the Annexation Agreement. A data center and electrical substations are permitted "Energy Industrial Uses" in the M-2 District. 1.4 The Planned Unit Development. Under the City's Unified Development Ordinance UDO "), any development encompassing four (4) or more acres shall be approved as a planned unit development. The Developer has submitted an application for a special use planned unit development for the Project (the "Application"). The Application includes thirteen (13) proposed variations which may be allowed under the UDO if (i) such deviations are compatible with surrounding development, and (ii) such deviations are justified through the provision of tangible benefits to the City. The City has reviewed the Application and found it to be complete and consistent with the purpose and intent of the planned unit development regulations. The Project requires the extension of a watermain and sanitary sewer service to the Subject Property thereby benefiting future development within the City as to be more specifically set forth in a Utility & Infrastructure Agreement (the "Utility Agreement") to be executed by the parties no later than July 1, 2026, and the Project is compatible with the surrounding agricultural and industrial uses. 1.5 Entitlements Defined. For purposes of this Agreement, "Entitlements" means all zoning rights, special use approvals, waivers, deviations, standards, and development pennissions granted under this Agreement for the Subject Property. Article 2. Development Standards 2.1 PUD Approval. The City has reviewed the Developer's Application and found it to be complete. The Project is consistent with the purpose and intent of the planned unit development regulations; facilitating a unified development that is consistent with the City's plans and policies for industrial development around the Eldamain Road corridor. The Project includes the construction of regional utility improvements that provide tangible benefits to the City, along with the construction of roadways adjacent to the Subject Property pursuant to the Utility Agreement, consistent with the City's Comprehensive Plan, thereby providing necessary justification for the modifications to standards as required under the UDO. The Project meets the standards for the approval of a special use, the additional standards of review for a planned unit development, and the standards for approval of variations under the planned unit development. The City hereby approves a special use for a planned unit development with specified variations for the Subject Property as generally depicted on the Site Plan, subject to the terms more specifically herein set forth and the terms of a Development Agreement between the City and the Developer as provided in Section 4.2 hereof. The final PUD and PUD Agreement, and all ancillary and related agreements and ordinances shall expire if construction of the Project is not begun within three (3) years of the Effective Date of this PUD Agreement. For the avoidance of doubt, the three (3) year period for commencement of the Project set forth in this Section shall be automatically extended for the duration of any force majeure event, as defined in Section 7.7, that delays commencement. Commencement of the Project is understood to mean the issuance of a building permit for the construction of structures, as depicted on a final site plan, on the Subject Property, provided said building permit is not revoked or invalidated due to the Developer's failure to begin constructing structures within the twelve (12) month time period established under Section 8-1-3 of the City's Code of Ordinances. Upon commencement of the Project within three (3) years of the Effective Date of this PUD Agreement, all Entitlements in this PUD are fully vested and protected from amendments and changes to City ordinances, codes, or regulations for a period of twenty (20) years from the Effective Date. Upon expiration of this vesting period, all such Entitlements shall remain in full force and effect, continuing indefinitely, subject only to amendment or revocation as expressly provided in Article 5 of this Agreement. No loss of rights, sunset, or reversion shall occur due to inactivity, delayed build -out, or passage of time provided that the Project has commenced within that twenty (20) year period. These Entitlements explicitly run with the land and bind all successors and assigns so long as the construction of the Project has commenced. For the avoidance of doubt, upon commencement of the Project these vested rights explicitly protect the Subject Property from any future changes in zoning ordinances, special use requirements, permitted uses, or other city regulations or standards enacted subsequent to this Agreement. 2.2 Energy Industrial Uses. A data center is classified as an "Energy Industrial Use" pursuant to Table 10-3-12(B) of the UDO. Section 10-4-10 of the UDO is reserved for additional regulations applicable to Energy Industrial Uses. No new or amended standards, code provisions, or special regulations for Energy Industrial Uses shall apply to the Subject Property during the twenty (20) year vested term from the Effective Date of this Agreement, unless Developer agrees in writing or to the extent required by state or federal law. The Developer is strictly prohibited from generating or storing nuclear energy within the City. Nothing in this provision shall prohibit the Developer from purchasing or using electricity generated at a facility located outside the City. 2.3 Terms for Construction. The Developer has advised the City of its intent to construct the Project over a period of approximately ten (10) years and has submitted a preliminary phasing plan to the City, attached hereto as Exhibit B (the "Phasing Plan"). The City hereby approves the Phasing Plan. Developer's reimbursement of the City's costs for design engineering and construction associated with the public utility improvements necessary to facilitate the Development of the Subject Property shall be as provided in the Utility Agreement and the Development Agreement referenced in Section 4.2. The Phasing Plan's estimated ten (10)-year build -out schedule is advisory only and non -binding. Developer may accelerate or delay phases without penalty, amendment to this Agreement, or additional City approval. Subject to City Council Approval, the Phasing Plan may be modified or reordered only as required due to a change in Commonwealth Edison's power allocation, or other events out of Developer's control, rendering the initially approved Phasing Plan impossible. Said City Council approval shall not be unreasonably withheld. Developer may accelerate or slow phases at its sole discretion, without penalty or loss of any rights. There shall be no deadlines, penalties, loss of rights, or other consequences if the actual schedule or order of phases differs from these estimates_ 2.4 Building Setbacks. The Developer has requested and the City hereby approves modification of required building setbacks as established by the UDO for the Subject Property. Setbacks shall apply only to the perimeter of the Subject Property with Galena Road being deemed the "front yard", Bridge Street and Ashe Road being deemed the "side yard", Baseline Road being deemed the "rear yard". The front yard setback shall be twenty-five (25) feet from the existing Galena Road right-of-way. The rear yard setback shall be twenty-five (25) feet from the Baseline Road right-of-way. The side yard setback, measured to the Bridge Street and Ashe Road rights - of -way, respectively, shall be twenty (20) feet. In anticipation of possible resubdivision of the Subject Property into individual lots, the City agrees to a zero (0) lot line for all structures to be platted within the interior of the Subject Property. Moreover, the City hereby agrees that lots within the PUD shall not be required to abut a public street. The building setbacks established in this paragraph shall apply exclusively to buildings. Fences, signage, drive aisles, parking spaces, and other improvements to the Subject Property are expressly permitted within the defined setbacks. All data center buildings shall be at least five hundred feet (500') from the nearest residential or commercial structure outside the boundaries of the Subject Property. The five hundred (500) foot building separation required by this section shall be measured from existing, occupied, residential or commercial buildings as of the date of PUD approval. The building separation requirement does not apply to future construction, unoccupied structures, sheds, barns, or temporary buildings. No 3 new building separation obligations will be imposed due to construction, conversion, or change of use of adjacent properties after the PUD approval date. 2.5 Parking Requirements. Pursuant to the City's UDO, 0.3 parking spaces are required per 1000 square feet net floor space for industrial developments. Developer estimates the average building size on the Subject Property will be approximately 1,878,142 square feet, requiring approximately 505 parking spaces per building. The City hereby grants Developer's request to set the minimum required parking at 0.2 parking spaces for 1000 square feet (which formula shall equate to approximately 375 parking spaces per building under the Developer's current site plan). Each building shall require no more than 0.2 parking spaces per 1000 square feet of net floor space. Section 10- 5-1K-1 of the UDO requires Developer to install a minimum of 104 electric vehicle charging stations ("EV Stations"). Developer requests a waiver from the requirements of the UDO that Developer install at least 104 EV Stations. The City agrees to waive the minimum EV Station requirement, provided the Developer pay a fee -in -lieu for each EV Station that developer chooses not to build. Any fee -in -lieu for EV charging stations shall be set at a fixed amount per station in a separately executed agreement, and shall not exceed a maximum total cap agreed by Developer and City prior to issuance of the building permit. The City shall have no authority to increase parking or EV charging requirements on the Project, as depicted in the approved Site Plan. in the future. Notwithstanding the foregoing, the City shall have the right to increase parking or EV charging requirements in the event Developer alters or expands the Project. All reviews for parking and EV charging plans that conform to these requirements shall be administrative only, not subject to council or commission review. 2.6 Access to the Subject Property. The City hereby agrees to the Developer's proposal for the construction of certain points of access to the Subject Property, as generally depicted on the Site Plan, subject to comments in a review letter by City Engineer, Engineering Enterprises, Inc., dated 2025. The Project shall be developed with private roads or private drive aisles which may be secured to restrict access into/through the Subject Property. The City hereby waives requirements for vehicular cross access in light of the private roads and secured nature of the campus as depicted on the Site Plan. Where access is gated or otherwise restricted, Developer shall work with emergency service providers to ensure access via a knox box or such other means as may be agreed upon between the parties. The number and location of access points to the Subject Property may be adjusted by Developer, subject to City approval and approval of the authority having jurisdiction over the roadway and consistent with applicable engineering standards and public safety requirements. Security gatehouses, guard booths, and surveillance infrastructure shall be expressly permitted at access points, including within setback areas, for campus security purposes. 2.7 Pedestrian Circulation. The City's UDO requires connections between off-street parking, on -site pedestrian circulation systems, and existing and future planned trails. The Project shall incorporate walkways between parking areas and building entrances within the Subject Property. The City hereby waives any requirement with respect to public access or external pedestrian connections in light of the private roads and secured nature of the campus as 4 depicted on the Site Plan. The City requests, and Developer agrees to design, construct and provide the City at the Developer's election, with either (i) an exclusive easement for, or (ii) a dedication of a ten foot (10') wide shared use path on the outer perimeter of the Subject Property, along Ashe Road between Galena Road and Baseline Road, along Baseline Road from Ashe Road to Bridge Street, along Bridge Street between Baseline Road and Galena Road, and along Galena Road from Ashe Road to Bridge Street, as illustrated on the Proposed Path Locations map, attached hereto as Exhibit C. Developer's obligation under this section is limited to designing and constructing the shared use path, and granting the City an exclusive easement or dedication for the shared -use path. The City shall be responsible for all maintenance of the shared use path once it has been dedicated or an exclusive easement is granted to the City. Developer shall be responsible for all mowing, landscaping and maintenance of all property surrounding the shared use path. The timeline for construction of the shared use path and Developer's obligation to dedicate or grant easement for any shared use path is subject to and shall be governed exclusively by the Utility Agreement, The City agrees that, in the event Developer opts not to dedicate the property but instead to provide City an exclusive easement to the path, City shall indemnify Developer for any injuries occurring on the path itself that are not otherwise the fault of Developer. 2.8 Off Street Loading. No more than one (1) loading space shall be required per building. 2.9 Traffic Management. Developer shall provide the City with a traffic management plan, including a communication strategy and on -site point of contact, for controlling traffic during all phases of construction. Developer has also provided the City with a traffic study dated and incorporated herein by reference. Any construction traffic along roads controlled by Kendall County or the State of Illinois shall require the cooperation of the relevant authority having jurisdiction over the road. Roadway Improvements shall be addressed in the Utility Agreement. 2.10 Landscaping. The City's UDO establishes standards for landscape improvements for the Project. In light of the secured nature of the campus, the Parties have agreed to emphasize external Transition Zone plantings in lieu of other planting requirements internal to the Subject Property. Developer shall comply with Section 10-5-3-C, Building Foundation Landscape Zone, and Section 10-5-3-D Parking Area Perimeter Landscape Zone requirements. Along Bridge, Ashe, Baseline and Galena roadway frontages, the Developer shall install a 100' wide Transition Zone Type D landscape buffer, including a 12 foot tall benn where facing residential properties, and an 8-foot- tall berm along all other boundaries not facing residential properties, as generally depicted on the Landscape Plan attached hereto as Exhibit D (the "Landscape Plan"). The City hereby waives all other landscape requirements under Section 10-5-3 of the Code. Berms and transition zone landscaping required by this section shall only be provided at the locations expressly shown on the approved plan. No additional berms or landscape requirements shall be imposed unless Developer agrees in writing. Developer may add berms or increase berm size at its sole discretion. 2.11 Mechanical Screening and Fencing. The City and its sound consultants have agreed that from a noise minimization perspective that the most appropriate location for Mechanical Equipment is on the rooftops; therefore, whenever practical, mechanical equipment shall be placed on the rooftops. If mechanical equipment is to be placed at ground level, it shall be located on the side of the building farthest from any residential structures. All major mechanical equipment shall be fully enclosed or screened by solid barriers. Any mechanical equipment to be installed on a rooftop shall be enclosed by sound -dampening materials. Notwithstanding the foregoing, the Parties acknowledge and agree that the Project and each parcel/lot therein are subject to the requirements of the City's Noise Ordinance, Title 4, Chapter 4 of the City Code as it existed when the PUD application was approved by the City Council. As a condition to the issuance of a Building Permit for each building, the Developer shall submit to the City a detailed site plan illustrating the placement of all mechanical equipment which shall be reviewed by a third -party sound engineer hired by the City who shall make a report to the City Council as provided in 3.4. Minor modifications to approved mechanical equipment placement that do not increase projected noise levels beyond ordinance limits shall be approved by the Community Development Director without further city council review. Minor modifications shall mean any modification in the placement of mechanical equipment that keeps the equipment in the same general location as originally approved. Any modifications of the mechanical equipment that would move equipment (substantial modifications) shall require the approval of City Council. Developer is permitted to install a ten foot (10') tall powder coated black steel security fence around the Subject Property, including typical security features such as controlled entry gates and anti -climb measures permitted by applicable laws. While chain -link and barbed wire fencing is strictly prohibited along the perimeter of the Subject Property, chain -link and barbed wire fencing within the interior of the Subject Property shall be permitted. 2.12 Lots; Street Design. The City hereby waives the requirement in Section 10-7-2 of the UDO that all lots shall front or abut on a public street. The City also waives the street design standards set forth in Section 10-7-3 of the UDO. Said waivers are granted in consideration of the security contemplated for the Project and the restricted nature of access internal to the Subject Property. Due to the restricted nature of access to the Project, the City reserves the right to issue a single site address for the Subject Property off Galena Road. The waivers of public street frontage and street design standards granted in this section are permanent and shall apply to all future plats, subdivisions, phases, and development on the Subject Property. These waivers may not be revoked or modified without the Developer's written consent, and shall run with the land for the benefit of all successors and assigns. 2.13 Appearance Standards. The Project is located adjacent to a main arterial thoroughfare at the City's northern boundary. Therefore, the Project serves as the first development members of the public see as they enter the City when driving south down Bridge Street. Given the location of the Project, Developer shall follow the requirements of Section 10-5-8-c-4b.(2) of the UDO requiring recesses, projections, windows, and other ornamental/architectural features. The Developer has submitted prototype building elevations for the Project, a copy of which is attached hereto as Exhibit E (the "Building Elevations"). The Building Elevations are representative of architectural design and building materials to be utilized for the Project but are not intended to be an exact depiction of any building that may be constructed as part of the Project. The Developer shall provide updated elevations with any application for final plat or at such time as Developer submits for a Building Permit, as may be applicable. The City shall approve updated elevations which are consistent with the quality and character of the Building Elevations. Any updated building elevations that arc consistent in quality, character, and height with Exhibit E shall be approved administratively, with no further council or commission review required, even if building height is reduced. 2.14 Building Height. The maximum building height for the Project is seventy-eight (78) feet, inclusive of any rooftop mechanical equipment or appurtenances, which shall be placed to appropriately mitigate noise . In the event that mechanicals are placed on the ground, the maximum building height for the Project shall be fifty-six and a half (56.5) feet to the top of the building structure and no equipment or appurtenances shall be placed on the rooftop of any building at the Subject Property. 2.15 Signage. Developer may install wall and monument signs as permitted under Section 10- 6 of the UDO. 2.16 Lighting_ The Developer agrees to submit to the City for its approval a photometric plan along with manufacturer's cut sheets of the proposed lighting standards to be installed within the parking area of the Subject Property. The photometric plan shall be provided with any application for final plat or at such time as Developer submits for a Building Permit, as may be applicable. The Project shall be required to comply with applicable outdoor lighting standards pursuant to Section 10-5- 7 of the UDO. Developer's obligation under this section is satisfied by submitting a preliminary photometric plan for one building at PUD approval. Full, detailed photometric plans shall be provided only with permit applications for each building or phase. All reviews and approvals of conforming photometric plans shall be subject to the City's building permit approval process. 2.17 Battery Storage_ a) Unless otherwise approved by the City Council , the Developer covenants that all primary power used for the data center campus on the Subject Property will be delivered from the Commonwealth Edison power grid. Notwithstanding anything herein, standard uninterruptible power supply (UPS) battery systems, lithium -ion or other backup battery systems located within data halls or serving server racks, switchgear, or critical infrastructure shall be permitted at all times. Nothing in this section shall prohibit the installation or use of batteries or battery systems in connection with data center operations. b) Battery uses and storage systems, other than UPS battery systems, lithium -ion or other backup battery systems located within data halls or serving server racks, switchgear, or critical infrastructure, shall be in a separate standalone building a minimum of 50 feet away from any adjacent structure and must be readily accessible by the Bristol -Kendall Fire Protection District for firefighting efforts. These uses shall also be subject to the following additional safety requirements: Developer shall prepare and maintain a fire safety and evacuation plan that shall be approved by the Bristol -Kendall Fire Protection District and the Yorkville Police Department for occupancies that involve activities for the research and development, testing, manufacturing, handling, or storage of lithium -ion batteries or lithium metal 7 batteries, or the repair or servicing of vehicles powered by lithium — ion batteries or lithium metal batteries. Developer is required to install a fire detection and alarm system for both indoor and outdoor areas where batteries shall be stored. The method of fire detection must either be an air -aspirating system or a radiant- energy sensing system. Developer shall install a sprinkler system for indoor rooms where batteries are stored, and must ensure said rooms are separated from the remainder of the occupancy by two-hour barriers. Any structure where batteries are stored must provide a two-hour fire -resistance -rated enclosure and must have an automatic sprinkler system and detection system. Article 3. Developer Obligations 3.1 Permits. The Developer covenants and agrees to obtain all required permits for the development of the Project and to construct all improvements in accordance with applicable City ordinances and, all permits as issued. The Developer further agrees to obtain all approvals and permits from any other governmental units or agencies as may be required in connection with the construction and operation of the Project. 3.2 Engineering and Roadway Reconstruction. All road and infrastructure improvements required in connection with the Subject Property, and any allocation of costs to Developer, shall be addressed exclusively in the Utility Agreement or the Development Agreement, which obligation shall be due or enforceable as if part of this PUD Agreement. Galena Road is under the jurisdiction of Kendall County. Developer shall secure a permit from Kendall County for the construction of necessary road improvements along Galena Road. Said road improvements to be permitted by Kendall County shall be constructed pursuant to the schedule required by Kendall County. The City anticipates that Kendall County will require a traffic impact study to permit access to the Subject Property off Galena Road. 3.3 East Beecher Road Dedication Offset: West Beecher Road Access. Any payment in lieu of extending East Beecher Road shall be set forth in the Utility Agreement or the Development Agreement, which agreements shall contain details of the cost backup, prorated by phase or building permit. Access to a planned private roadway accessible from Galena Road and located south of Galena Road and east of Eldamain Road, along the route of the current West Beecher Road shall be addressed in the Utility Agreement. 3.4 Noise Studies and Noise Monitories. At the onset of each phase of construction, Developer shall install continuous noise monitoring devices recommended by a sound engineer chosen by the City, at discrete locations chosen by the City's sound engineers. A preliminary noise monitoring report shall be prepared and submitted to the City within sixty (60) days after each building housing data center equipment on Subject Property is operational. The noise monitoring devices shall be maintained throughout the life of the Project, and the City shall have continuous access to the data they produce. If, at any time, noise levels on the Subject Property exceed those permitted by the City's noise ordinance applicable to the Subject Property, the Developer shall investigate the 8 source of the noise and identify and implement one or more means to mitigate the noise that is resulting in the noise ordinance violation. The Developer has submitted an initial noise study attached hereto as Exhibit G ("Initial Noise Study")that included: (i) baseline noise measurements of the current environment and predictive modeling in phased and at full buildout to ensure the facility's design will meet local noise limits as detailed in Title 4, Chapter 4 ofYorkville's Code of Ordinances on the date that the Developer's PUD application was submitted; (ii) and noise source data for the cooling equipment can be based on generic or manufacturer -provided data. The purpose of the initial study was to refine the site layout and cooling scheme as needed to meet the City's noise ordinance. As a condition of the issuance of a Building Permit, the Developer shall submit a Site Plan illustrating the placement of all mechanical equipment as set forth in 2.11. The Developer shall also be required to submit a final noise study that shall include: (i) noise source data for the specific equipment planned for the project based on actual sound level measurements of that specific equipment, made in accordance with nationally recognized standards and not on interpolated, extrapolated, or otherwise calculated sound levels; and (ii) a mitigation plan to ensure that operational noise does not exceed the applicable local noise limits detailed in Yorkville's Code of Ordinances, which includes the penalty for tonal equipment. This final noise study shall be subject to the review of the City's sound engineer. The City Council shall approve the Site Plan and the Building Permit if in the reasonable opinion of the City's Sound Engineer the Noise Ordinance will be met. 3. 5 Water Usage. All obligations, certifications, or penalties relating to Developer's water usage shall be addressed exclusively in the Utility Agreement between Developer and the City. 3.6 Dedications. All right-of-way and easement dedications shall be governed exclusively by the Utility Agreement or Development Agreement and shall be enforceable under this PUD Agreement. 3. 7 Maintain Improvements in Good and Clean Condition. The Developer shall maintain the Subject Property in reasonably good and clean condition at all times during the development by the Developer, which shall include promptly removing all mud, dirt, and debris that is deposited on any street, sidewalk, or other public property in or adjacent to the Subject Property by the Developer or any agent of or contractor hired by, or on behalf of the Developer and repair any damage to any public property that may be caused by the activities of Developer or any agent of or contractor hired by, or on behalf of, the Developer. 3.8 No Liabilily for City Review. Developer acknowledges and agrees that (i) the City is not, and shall not be, in any way liable for any damages or injuries that may be sustained as the result of the City's review and approval of any plans or improvements or as a result of the issuance of any approvals, permits, certificates, or acceptances for the development of the Project or use of any portion of the Subject Property or the improvements and (ii) the City's review and approval of any plans and the issuance of any approvals, permits, certificates, or acceptances does not, and shall not, in any way be deemed to insure Developer, or any of its successors, assigns, tenants, or licensees, or any third party, against violations or damage or injury of any kind at any time. 0 3.9 Cooperation with other Units of Local Government. The proposed Project affects various jurisdictions outside the City of Yorkville, including Kendall County and the Yorkville -Bristol Sanitary District. Developer understands that successful completion of the Project will require the cooperation of other Units of Local Government and could have a detrimental impact on these other units of local government. To that effect, Developer shall enter into a separate Agreement with the Yorkville -Bristol Sanitary District for upgrades to the Sanitary District's wastewater treatment facilities and sanitary sewer infrastructure required as a result of the Project and with Kendall County regarding necessary improvements to Galena Road along the frontage of the Subject Property. 3.10 Emergency Operations Plan. Developer shall prepare a plan for emergency situations, including the Developer's plan and procedures for responding to, managing, and recovering from emergencies and disasters (an "Emergency Operations Plan"). The Emergency Operations Plan shall include the Developer's plans for sharing information, and coordinating emergency responses, with emergency response agencies, including, but not limited to, the Bristol -Kendall Fire Protection District and the Yorkville Police Department. The Emergency Operations Plan shall be submitted to the City prior to initial occupancy of the first building. 3. 11 Operational Testing. From time to time, Developer will need to test certain operational components of the Data Center, such as generators. Developer agrees to only conduct such operational testing during the hours of 11:00 a.m. to 5:00 p.m., Monday through Friday, and not on any Holidays "Holiday" shall be defined as any date that has been designated a state holiday by the State of Illinois). 3.12 Development Offsets. Any obligation to pay development offsets, impact fees, or similar charges shall be addressed in the Development Agreement which obligations shall be due and enforceable under this PUD Agreement. 3. 13 Hold Harmless and Indemnification. Developer shall hold harmless the City, and all of its elected, appointed officials, and employees (collectively the "City Parties") from any and all third - party claims that may be asserted against the City Parties in connection with (i) the City's review and approval of any plans or improvements, (ii) the City's issuance of any approval, permit or certificate, or (iii) Developer's development, construction, maintenance, or use of the Subject Property. Developer's obligation to indemnify or hold harmless the City Parties shall not apply to claims resulting from the City's own negligence, willful misconduct, or breach of this Agreement, nor to any claim asserted by the City Parties themselves. 3.14 Casualty and Rebuilding Rights. If any structure or improvement on the Subject Property is damaged or destroyed by casualty or natural disaster, Developer or subsequent owner has the explicit right to rebuild or repair such structure or improvement to its original permitted size, height, density, and use without requiring further zoning approvals or public hearings. The City shall promptly issue all necessary permits to facilitate rebuilding consistent with originally approved plans, subject only to compliance with applicable building codes. The PUD Entitlements and vested protections shall fully apply to all rebuilt structures. 10 3.15 Covenants and Restrictions. The Developer shall record Covenants and Restrictions as required by Section 12 of the Annexation Agreement (the "Covenants and Restrictions"). 3.16 Dormant Special Service Area. Per the requirements of the City's UDO, the City shall create a dormant special service area (the "SSA") for the purpose of maintaining common areas should Developer or any successor in interest or assignee fail to do so. The SSA shall not be implemented and SSA taxes shall not be levied upon the Subject Property unless the property owner of record is notified of the need to implement the SSA. Article 4. City Obligations 4.1 Challenges. In the event of any challenge to the City's annexation or zoning of the Subject Property, the City agrees that, in cooperation with the Developer, the City shall undertake such process as is necessary and appropriate to correct any deficiency associated with the annexation or zoningof the Subject Property. In such event, the City agrees that the Parties shall not be required to await adjudication of any such challenge, but that the Parties shall proactively undertake any process necessary to reapprove the annexation and zoning on terms consistent with the approvals set forth herein. 4. 2 City Assistance. The City agrees to cooperate and provide any reasonable assistance requested by Developer in applying for and obtaining any and all approvals or permits necessary for the development of the Subject Property provided that the Developer reimburses the City for all costs and expenses incurred in providing such assistance. The City will cooperate with Developer' s specified vendors to assert applicable tax exemptions relating to purchase of materials to be incorporated into the public improvements, consistent with the Illinois Department of Revenue Regulations, the Retailers' Occupation Tax and with all requirements of law (including providing the City's form tax exempt letter as may be required). The City's issuance of any Building Permits shall be contingent upon the Developer entering into the following separate agreements with the City related to the Project and the Subject Property: a Development Agreement, and a Utility & Infrastructure Agreement. Such assistance, including the execution of the separate agreements listed above, shall not be unreasonably withheld, conditioned, or delayed by the City, and shall not be conditioned upon Developer entering into any agreement or obligation not expressly required by this PUD Agreement or the Annexation Agreement entered into by the Parties. Such agreements shall be required as a condition to the effectiveness of this PUD Agreement. 4. 3 UDO Freeze. Upon commencement of construction of the Project and for the term of this Agreement, no amendment to the Unified Development Ordinance or any City code, ordinance, or regulation shall apply to the Subject Property if it imposes more stringent or additional requirements, unless Developer agrees in writing or required by state or federal law. All rights and standards granted by this PUD are vested and frozen for the full term. After expiration of this Agreement, the Subject Property shall continue to be governed by the underlying M-2 zoning, together with all Entitlements explicitly granted by this PUD, unless amended pursuant to applicable law with Developer's consent or as otherwise explicitly provided in Article 5. 11 4.4 Equal Treatment. The City acknowledges Developer's substantial up -front investment in the Subject Property and agrees that, while generally applicable permit fees and building codes are not frozen, the City shall not impose, adopt, or enforce any new fee, requirement, or regulation after the Effective Date other than those agreed to in a Development Agreement or Utility & Infrastructure Agreement between the Developer and the City. These protections shall apply for the full term of this Agreement, and nothing herein overrides the broader UDO freeze or vesting protections provided in this Agreement. 4.5 Certificate of OccupancX. The City shall issue a certificate of occupancy for each building constructed on the Subject Property when the building is fully capable of being served by sanitary sewers, storm sewers, water main, public/private roads, natural gas (as may be applicable), and permanent electric service, and is otherwise in conformance with City Codes and other applicable state laws, and all applicable fees have been paid. It is understood by the Parties that permanent electric service does not include Combined Cycle Gas Turbines, Reciprocating Internal Combustion Engine generators, diesel generators, and nuclear sources. The City agrees to issue temporary or conditional occupancy permits in the event that weather conditions prohibit the installation of certain subdivision improvements such as sidewalks, private drive aisles, and required landscaping. Article 5. Term This Agreement shall remain in full force and effect for a period of twenty (20) years from the Effective Date, unless earlier terminated or amended by mutual written agreement of the Parties, or revoked for material breach as provided herein. No sunset or automatic expiration shall occur based on build -out, inactivity, or the passage of time less than twenty (20) years. After expiration of this Agreement, the PUD and all Entitlements granted herein shall remain permanently effective, running with the land, subject only to amendment or revocation pursuant to applicable law, after notice and a public hearing, and then only for cause or with the Developer's written consent. Article 6. Notices All notices and other communications in connection with this Agreement shall be in writing and shall be deemed delivered to the addressee thereof (a) when delivered in person on a business day at the address set forth below, or (b) on the third business day after being deposited in any main or branch United States post office, for delivery by properly addressed, postage prepaid, certified or registered mail, returned receipt requested, at the address set forth below, or (c) by email transmission, when transmitted to email address set forth below, when actually received provided that any email transmission shall be accompanied by a delivery of a written notice via first class mail to the addresses below. Notices and communications to Developer shall be addressed to, and delivered at, the following addresses: With a copy to: 12 Pioneer Development, LLC 30 N. Gould Street, 438989 Sheridan, Wyoming 82801 Attn: Matt McCarron David J. Silverman Mahoney, Silverman & Cross, LLC 822 Infantry Drive, Suite 100 Joliet, Illinois 60435 Notices and communications to the City shall be addressed to and delivered at these addresses: With a copy to: United City of Yorkville Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 651 Prairie Pointe 4221 Warrenville Rd., Ste. 310 Yorkville, Illinois 60560 Lisle, Illinois 60532 Attn: City Administrator Attn: Attorney Kathleen Field Orr By notice complying with the requirements of this Section, each party shall have the right to change the address or addressee, or both, for all future notices and communications to such party, but no notice of a change of address or addressee shall be effective until actually received. The Developer may provide the name and contact information of a project lender to the City. In the event the Developer provides lender information, the lender shall be given notice and opportunity to cure any alleged breach by the Developer; provided, however, the Developer shall remain responsible for all obligations under this Agreement, the Utility Agreement and the Development Agreement. Article 7. Mutual Understandings 7.1 Ancilla Agreements. Any future development, utility, or infrastructure agreements required for the Project shall be set forth in the Utility Agreement, the Development Agreement and this PUD is subject to the terms of said agreements as negotiated, approved and executed by the City and the Developer. In addition, all future development and use of the Subject Property shall be subject to the Covenants and Restrictions as hereinabove provided, and adherence to these said agreements and Covenants and Restrictions shall be required as a condition to issuance of permits or commencement of relevant project phases. 7.2 Violations. In the event of a material breach of this Agreement, the Parties agree that the defaulting Party shall have sixty (60) days after notice of said breach to correct the same or diligently commence to cure said breach prior to the non -breaching Party's seeking of any remedy provided for herein. However, any breach by Developer reasonably determined by the City to involve health or safety issues may be the subject of immediate action by the City, without prior notice or a sixty (60) day cure period. The failure of the Parties to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained, or any of them upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment 13 of any Party's right thereafter to enforce any such term, covenant, agreement, or condition, but the same shall continue in full force and effect. Written notice is required for any alleged breach. If cure cannot reasonably be completed within sixty (60) days, the cure period shall be reasonably extended as long as diligent efforts are underway. 7.3 Enforcement: Remedies. A default under this Agreement that remains uncured after written notice specifying the breach and a sixty (60) day cure period, which shall be reasonably extended if cure cannot be completed within sixty (60) days and diligent efforts are underway shall permit the non -defaulting party to proceed with any and all remedies available under Illinois law. Remedies for breach are limited to specific performance, injunctive relief, or termination for a real, uncured material breach. Neither party shall be liable for monetary damages under this Agreement. 7.4 Amendments. This Agreement and the zoning applicable to the Subject Property may not be amended without the mutual consent of the Parties. Any amendment to the terms, covenants and agreements as set forth in this Planned Unit Development Agreement shall be in accordance with the provisions of Section 10-8-8G of the UDO which provides as follows: G. Amendments to Approved Planned Unit Development. 1. Determination of Level of Change. Upon receiving a Planned Unit Development Amendment application, the Zoning Administrator shall determine whether the amendment is a major amendment, or a minor amendment based on the criteria detailed in Section 10-8-8(G)(2) below. 2. Major Amendment. A major amendment is any proposed change to an approved Planned Unit Development that results in one or more of the following changes: a. More than a five percent (S%) increase in the square footage of the buildings; b. Any accessory structure or building, including rooftop mechanical equipment, which exceeds 78' in height; c. Except as otherwise set forth above, any deviation from the site data standards set forth on the Site Plan; d. Any deviation from applicable provisions of the UDO; e. Any revision to the approved site plan resulting in a change to: i. Building footprint where there is a change in building orientation that will, in the opinion of the City's Sound Consultant materially increase noise levels, substation, and stormwater basin layout and orientation; 14 ii. Number of substations, and stormwater basins (increase or decrease); iii. Location of parking; iv. Change in order of phasing plan; V. Reduction in height and location of landscape buffer, berm, and walking path; vi. Location and number of primary and secondary access points. f. Any change to the approved Site Plan that is not explicitly described as a minor amendment in this Agreement. 3. Minor Amendment. A minor amendment is any proposed change to the approved site plan resulting in one or more of the following changes: a. An increase or decrease of parking stalls by no more than 5%; b. An increase or decrease of landscape types and quantities for any species by no more than 5%; c. An increase or decrease of percentage of approved building elevation materials by no more than 5%; d. A change in fencing material; e. Any revision to the approved site plan resulting in a change to building footprint where there is a change in building orientation that will not, in the opinion of the City's Sound Consultant, materially increase noise levels; Notwithstanding the City's UDO, the following shall be processed as Minor Amendments by the Zoning Administrator without public hearing: any reduction in the total Floor Area or any decrease in the number of buildings, provided no such removal or reduction results in a reconfiguration of buildings or any change in the approved site plan other than the removal of, or reduction in the size of, building(s). 4. Approval Processes. a. Major Amendment. A major amendment to an approved Planned Unit Development shall follow the procedure set in Section 10-8-8(F) of the UDO. b. Minor Am end ment. I) Zoning Administrator Review. The minor amendment shall be reviewed and approved by the Zoning Administrator. 15 7.5 Governing Law. This Planned Unit Development Agreement and the terms, provisions, and conditions herein shall be governed by and construed and enforced in accordance with the laws of the State of Illinois and if enforced by judicial proceedings, the parties agree that such proceedings shall be conducted in the Circuit Court of Kendall County, Illinois. 7.6 Counterparts. This Agreement is to be executed in two or more counterparts, each of which shall be deemed an original but all of which shall constitute the same instrument. 7.7 Force Majeure. In the event the performance of any covenant to be performed hereunder by a Party is delayed for causes which are beyond the reasonable control of the Party responsible for such performance (which causes shall include, but not be limited to, acts of God; inclement weather conditions; global pandemic; strikes; material shortages; lockouts; the revocation, suspension, or inability to secure any necessary governmental permit, other than a City license or permit; and any similar case), the time for such performance shall be extended by the amount of time of such delay. Force majeure shall also include supply chain disruptions, delays or inability to obtain equipment or materials, utility or power grid shortages or delays, and governmental or regulatory actions, inactions, or delays (including those of the City) affecting approvals, permits, or operations. All deadlines, performance obligations, and cure periods under this Agreement shall be automatically extended for the duration of any force majeure event. 7.8 Successor and Assigns. This Agreement may not be assigned without the approval of the City until the Covenants and Restrictions have been recorded with the County of Kendall against the Subject Property. Once the Covenants and Restrictions have been recorded, this Agreement upon assignment shall inure to the benefit of, and be valid and binding upon, the Parties and their successors and assigns for the term of the Agreement. It is understood and agreed by the Parties hereto that in the event any part of the Subject Property is sold or conveyed at any time during the term of this Agreement after the recordation of the Covenants and Restrictions, all unaccrued obligations and responsibilities of the prior title holder to said part of the Subject Property conveyed shall be released and be assumed by such purchaser of the part of the Subject Property conveyed, and the prior title holder shall be fully released from all unaccrued obligations which relate thereto. Notwithstanding the foregoing, the City shall not be required to release any Surety until the successor owner has posted replacement Surety for the improvement obligations being assumed by said successor owner, which Surety shall be in a form and amount acceptable to the City. In the event that part of the Subject Property is to be conveyed, the respective owners may enter into an agreement parsing respective obligations under this Agreement between the respective owners and the City shall not unreasonably withhold its consent to any such agreement. Developer may assign, subdivide, or transfer all or any portion of its interest in the Subject Property and this Agreement to any party, upon written notice to the City after the recordation of the Covenants and Restrictions where upon the City's consent is not required for any such assignment, subdivision, or financing. Upon such transfer, the transferee assumes all obligations for the assigned portion and the transferor is released from further liability for such portion. This Agreement and all rights and obligations hereunder shall run with the land and bind all successors and assigns. In 7. 9 Non -Merger of Entitlements. The rights, Entitlements, and protections established by this PUD Agreement are independent and shall not merge into the Development Agreement, Utility Agreement, or other agreement with the City, unless expressly stated in such subsequent agreement and approved in writing by Developer. 7.10 Severability. Should any provision of this Agreement or application thereof to any party or circumstance be held invalid, and such invalidity does not affect other provisions or applications of this Agreement which can be given effect without the invalid application or provision, then all remaining provisions shall remain in full force and effect. 7.11 Effective Date. Developer is contract purchaser of the Subject Property. To this end this Agreement shall not become effective until such time as the Developer has acquired the Subject Property, annexed the Subject Property to the City and the Development Agreement and the Utility Agreement have been approved and executed by the City and the Developer. If, for any reason, the City and the Developer do not execute the Development Agreement, or the Utility Agreement or agree to the Covenants and Restrictions, the Developer agrees that it shall have no recourse against the City for any cost, claim, liability or inconvenience in connection with the Project or the Subject Property and agrees to immediately pay the City for any outstanding contractual obligations. 7.12 Lender Protections. The existence of any mortgage, deed of trust, or other security interest encumbering the Subject Property shall not constitute a default under this Agreement, and Developer shall have no obligation to obtain subordination or consent from any lender. The City shall, within fifteen (15) business days of written request, execute commercially reasonable lender estoppel certificates, nondisturbance agreements, or similar documents as reasonably requested by Developer's lenders. 7.13 Entire Agreements. This Agreement, the Annexation Agreement, the Utility Agreement and the Development Agreement, together with all attached Exhibits, and the provision of the Covenants and Restrictions constitute the entire agreement between the parties regarding the subject matter hereof and supersedes all prior negotiations, representations, or agreements, whether written or oral. This Agreement, the Annexation Agreement, the Utility Agreement and the Development Agreement may only be amended by a written instrument executed by both parties. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below their respective signatures, to be effective as of the Effective Date. United,C-W-M kdik-4ille Attest: 17 Date: hj 0 Vi'M 9W I '3 2025 Pioneer Development, LLC M. Date: 2025 18 Date:2025 Pioneer Development,LLC I By:A Cr :71 Date:l / I ` 2025 18 EXHIBIT LIST Exhibit A- Site Plan Exhibit B- Phasing Plan Exhibit C- Proposed Path Locations Map Exhibit D- Landscape Plan Exhibit E- Building Elevations Exhibit G- Initial Noise Study 19 sziocrso NoliOBJiSNO3 NOA ION Ji I o o i 7111: 1 ram: 1I go I I g S+ i sre 3axmert + r 1 11! tl31 Otk r G e T/ taq s r 9 • — fl A a7N I W I VA Hd O 1Q o f n= 1 1- I z ui f = I 4 E U m w i - • r frl I xv e« n, na ilf1J I r W MORRIS, liiiiiiiiiiiii, IN 1111; 311111111111111 oil ui zzzoOfP40zaa_ WmZLLIaQWWWWZaI j T- 4LLJCna i/ Exhibit D: Landscape Plan (Pendin-2) This page intentionally left blank. The Landscape Plan for this Planned Unit Development is currently under review and will be included as Exhibit D once approved. Final approval of the Landscape Plan is contingent upon review and approval by City staff and the City Attorney, in accordance with the conditions of approval adopted by the City Council on November 10, 2025. NOUOn HISNO: 0 VOA ION - AUVNIN173UdI zO UazQ LUj J W ¢ ZWz OzHZ A LLIILO Y W 3 i> W Y w i IL! iOa L - j Noii3nmieNoo ' dnd LON - A. HVNlW113Hd bi!e LU0CCn z0 LL LL, 1Lu ZLUF- U3uizLLIICL0jwLLILALLIzAr. 1 L - j saiasrso NO11DnH. LS% O3 Laj ION - A* VNiw113bd bIl Q J Z- 0 2 JQZ0QUF--' ULUOryn NzOH7wJWxM0U) zWaOWWOiWWzOa11 NOI1OnHISNQo 2101 ION - AHVNIV4I13Ld MIMiAMM wOLLOHzOmLLzWIaOJWLLIQ' 4IWZOa C) wOryCL zO_ FdwJwwNFzwfa. OujwGWwzOLLI L b( y 19 fl0 I zWxdOJWWGixWWzOaI S Z106f64 NOlIaf14ISNO] UOA ION ^ AUVNIW1130d N o 0 I QZryQUUWOCL IuiHUwLUmI J EXHIBIT G BURNS MMONNELL° July 9, 2025 Project Cardinal - Design Team Pioneer Development Re: Project Cardinal Preliminary Sound Study Burns & McDonnell was retained by Pioneer Development ("Pioneer") to conduct a preliminary sound study (the "Study") for the proposed Project Cardinal Data Center Development (the "Project"). The objective of the Study was to estimate future noise impacts from operational equipment at the Project's property boundaries. The Project is proposed to be located in Yorkville, Illinois. The current site plan is presented in Figure 1 and includes fourteen 14) two-story data center buildings. The design includes eleven (11) large (-680,600 square foot) buildings and three (3) smaller 390, 000 square foot) buildings. The large buildings were modeled with 108 rooftop chillers and 80 auxiliary generators at ground level. The smaller buildings include 54 rooftop chillers and 40 auxiliary generators. The buildings, barriers, layout, and equipment counts were provided by Pioneer for the current design. However, this design is preliminary and would likely evolve throughout the detailed design stages of the Project. This analysis included predictive modeling to estimate Project -generated sound levels in the surrounding community for two operational scenarios. A comparison to the local sound level limits was performed at the Project boundaries. Sound level impacts at the nearest noise sensitive receptors would be expected to be lower as Project -generated sound would attenuate as it moves offsite. Acoustic Terminology The term "sound level" is often used to describe two different sound characteristics: sound power and sound pressure. Every source that produces sound has a sound power level (PWL). The PWL is the acoustical energy emitted by a sound source and is an absolute number that is not affected by the surrounding environment. The acoustical energy produced by a source propagates through media as pressure fluctuations. These pressure fluctuations, also called sound pressure levels (SPL), are what human ears hear and microphones measure. Sound is physically characterized by amplitude and frequency. The amplitude of sound is measured in decibels (dB) as the logarithmic ratio of a sound pressure to a reference sound pressure (20 micropascals). The reference sound pressure corresponds to the typicalthreshold of human hearing. To the average listener, a 3-dB change in a continuous broadband sound is generally considered "just barely perceptible"; a 5-dB change is generally considered "clearly noticeable'; and a 10-dB change is generally considered a doubling (or halving, if the sound is decreasing) of the apparent loudness. Sound waves can occur at many different wavelengths, also known as the frequency. Frequency is measured in hertz (Hz) and is the number of wave cycles per second that occur. The typical human ear can hear frequencies ranging from approximately 20 to 20,000 Hz. Normally, the human ear is most sensitive to sounds in the middle frequencies (1,000 to 8,000 Hz) and is less sensitive to sounds in the lower and higher frequencies. As such, the A -weighting scale was developed to simulate the frequency response of the human car to sounds at typical environmental levels. The A -weighting scale emphasizes sounds in the middle frequencies and de-emphasizes sounds in the low and high frequencies. Any sound level to which the A -weighting scale has been applied is expressed in A -weighted decibels, or dBA. Sound in the environment is constantly fluctuating, aswhen a car drives by, a dog barks, or a plane passes overhead. Therefore, sound metrics have been developed to quantify fluctuating environmental sound levels. These metrics include the exceedance sound level. The exceedance sound level is the sound level exceeded during "x" percent of the sampling period and is also referred to as a statistical sound level. Common exceedance sound level values are the 10-, 50-, 90-percentile exceedance sound levels, denoted by Lic, L$fl, and Loo. The equivalent -continuous sound level (L,,) is the logarithmic average (i.e., energy 9400 Ward Parkway I Kansas City, MO 641141 burnsmcd.com Project Cardinal - Design Team Pioneer Development July 9, 2025 Page 2 average) of the varying sound over a given time period and is the most common metric used to describe sound. The Lso is typically considered the "background" sound level since it excludes many short, intermittent sounds and captures the sound Levels experienced most of the time (i.e., sound levels 90 percent of the time). City of Yorkville Noise Ordinance The Code of Ordinances of Yorkville, Illinois Title IV, Chapter 4 limits noise levels from the Project. The ordinance states, "No person shall operate or cause to be operated any source of sound in such a manner as to create a sound level which exceeds the sound level limits in table 1 of this section, as adjusted according to table 2 of this section." Table 1 is reproduced below. Table 1: Sound Level Limits Time of Day Receiving Property Land Use Residential Commercial Public Parks and Other public Open Spaces Daytime (7:00 a.m. -10:00 p.m.) 60 dBA 67 dBA 67 dBA Nighttime (10:00 p.m. - 7:00 a.m.) 50 dBA 67 dBA 67 dBA Table 2 of the ordinance provides adjustments for varying durations of noise within a given hour as well as penalties to apply far noise of an impulsive character or tonal. The specific equipment manufacturers and models for the Project have not been selected at this time. The type of equipment that generates noise as part of the Project (chillers and emergency generators) does not operate in an impulsive manner and the equipment can be specified and procured to not emit prominent discrete tones or tonal noise. Provided the developer of the Project selects non -tonal equipment for operations, the continuous noise generated by the Project would be limited to 60 dBA during the day and 50 dBA during the night at residential receptors. The City of Yorkville ordinance includes an exemption for "emergency short term operations." The City of Yorkville has confirmed that the operation of the emergency generators during a full blackout would be exempt from the noise limits according to the exemption. Design goals have been developed for the Project boundary based on the City of Yorkville ordinance. For normal operation, which could generate noise at any time of the day, the design goal is 50 dBA at the receiving residential property boundaries to meet the nighttime sound level limits. For generator testing, which occurs during daytime hours, the design goal is 60 dBA to meet daytime limits when maintenance generator testing would occur. Ambient Measurements Variations in noise environments are typically due to existing land uses, population density, and proximity to transportation corridors. Elevated existing ambient sound levels in the region occur near major transportation corridors such as interstate highways and in areas with higher population densities. Principal contributors to the existing noise environment likely include motor vehicle traffic on local roadways, typical agricultural noise sources, and natural sounds such as birds, insects, and leaf or vegetation rustle during elevated wind conditions. Diurnal effects result in sound levels that are typically quieter during the night than during the daytime, except during periods when evening and nighttime insect noise dominates in warmer seasons. Burns & McDonnell personnel conducted sound level measurements to establish the existing background sound levels in the area surrounding the Project site. Sound levels were measured using Larson Davis Model 821 sound level meters with associated preamplifiers and 1/2-inch free -field precision microphones meeting American National Standards Institute (ANSI) S1.4 Type 1 specifications. One-half inch random -incidence microphones were used on the meters. All measurement and field 2 Project Cardinal - Design Team Pioneer Development July 9, 2025 Page 3 calibration equipment were certified by a traceable laboratory within 12 months prior to the measurement. Field calibration confirmations were performed before and after the long-term measurements and before and after each set of short-term measurements. The meter and calibrator were checked within a year prior of the measurements to verify compliance with the U.S. National Institute of Standards and Technology specifications. The calibration drift was within tolerance over the duration of the measurement survey. The sound survey protocol was developed based on procedures outlined in the ANSI 12.9 Quantities and Procedures for Description and Measurement of Environmental Sound standard. Continuous sound level measurements were collected near the boundaries of the proposed Project in the four cardinal directions. The meters were placed in the directions of the nearest residential receivers, set back from the roadways the appropriate distance per the standard. The survey was undertaken continuouslyfrom June 17 to 18, 2025, during daytime and nighttime hours. Weather data was reviewed from a nearbyweather station (Weather5tation ID: KILYORKV81). Average wind speeds were within ANSI guidance and the only recorded precipitation recorded duringthe measurement period was at the veryend of the measurement at 1:00 p.m. on June 181". The measurement Locations are provided in Figure 2 of Attachment 1. A summary of the ambient measurements is provided in Table 2 below and hourly average sound levels are provided in Attachment 2. Table 2: Continuous Sound Leve Monitoring Summary Leg Lso Measurement Location Time of Day dBA) dBA) Daytime 69 52 MP1 Nighttime 67 40 Daytime 61 44 MP2 Nighttime 59 39 Daytime 69 48 MP3 Nighttime 67 40 Daytime 59 37 M P4 Nighttime 57 37 Sound levels in the Project area were variable; the major noise sources across the Project area included local traffic (passenger cars and large trucks) and typical sounds of nature (insects and bird calls). Transient noise levels were greater along local traffic thorough fairs (Highway47 and Galena Road). Sound levels are provided in both L., and L90 to represent the background ambient sound Levels for the Project. The L9a sound levels exclude the majority of the instantaneous and intermittent noise from occasional traffic. L9fl is generally used to represent the typical background noise for a given area. Sound Modeling Methodology Sound modeling was performed using the industry -accepted sound modeling software Computer Aided Noise Abatement CadnaA), version 2025. The software is a scaled, three-dimensional program that takes into account air absorption, terrain, ground absorption, reflections and shielding for each piece of sound -emitting equipment and predicts sound pressure levels. The model calculates sound propagation based on International Organization of Standardization (ISO) 9613-2:2024, General Method of Calculation. ISO 9613-2 assesses the sound level propagation based on the octave band center -frequency range. The ISO standard considers sound propagation and directivity. The software calculates sound propagation using omnidirectional, downwind sound propagation and worst -case directivity factors. In otherwords, the model assumes that each piece of equipment propagates its worst -case sound Levels in all directions at all times. Empirical studies accepted within the Project Cardinal - Design Team Pioneer Development July 9, 2025 Page 4 industry have demonstrated that modeling may over -predict sound levels in certain directions, and as a result, modeling results generally are considered a conservative measure of a project's actual sound level. The modeled atmospheric conditions were assumed to be calm, and the temperature and relative humidity were left at the program's default values. Reflections and shielding were considered for sound waves encountering physical structures. Project Sound Sources The sound level design goal is applicable at the Project property line and the most impacted locations were identified surrounding the Project. Project sound sources were modeled in the locations shown in Figure 1 of Attachment 1. A summary of the modeling assumptions for each piece of equipment is provided in Table 3. Table 3: Predictive Modeling Sound Level Inputs Source Number of Sources Modeled Equipment Sound Level Assumption' Chillers (Low -Noise) 1,350 Lw= 91 dBA Emergency Generators 1,000 Lp = 65 dBA at 50 feet Substation Transformer (Low Noise) 17 LW = 89 dBA a) Lw= sound power level; LP= sound pressure level; dBA =A -weighted decibels, NEMA= National Electrical Manufacturers Association Chillers Each chiller was estimated to have an overall sound power level of 91 dBA. This would likely be a law -noise option, or a model which may include mitigation in detailed design. The manufacture and model type forthe chillers have not been selected at this time. To determine if a chiller forthis data center could meet an overall sound power level of 91 dBA, Burns & McDonnell started with a common air-cooled chiller used in these applications, the York YVFA with 390-ton cooling capacity. The York unit is provided with an operating sound power level between 97 dBA (75% load) and 100 dBA (100% load). The units would likely operate at significantly quieter sound levels during nighttime hours, but due to the preliminary nature of this design, the load level during nighttime hours is unknow. The unit's octave band sound levels, showthatthe unit operates as a broadband source and does not operate in a tonal nature. To get down to a 91 dBA sound power level, additional mitigation would be required for these units. Chiller add -on mitigation would need to provide 6-9 dBA reductions to meet the design goal and can typically be supplied for these units through a supplier like BRD Hush Core. Some of their common add on mitigation options are listed below. 1. Standard (2- 5 dBA reduction) a. Treatment of the compressor circuits for chillers . HUSH COVERS are used for the compressor housing, suction and discharge piping and oil separator vessels. 2. Unitary (4-6 dBA reduction) a. The Unitary System is a top mounted, unit supported plenum style acoustically insulated stack constructed using HUSH GUARD" sound panels. 3. Louver (5-7 d BA reduction) a. The Louver System uses high performance type HUSH DUCT silencers up to 36" deep for direct boltingto the chiller cabinet/frame. 4. Summit (9-15 dBA reduction) a. The Summit System for air-cooled chillers is a high-performance source -applied treatment of the chiller's intakes and discharge fans using Hush Guard panels and Hush Duct Silencers. 4 Project Cardinal - Design Team Pioneer Development J my 9, 2025 Page 5 During detailed design, nighttime cooling loads would be considered, and this level of noise mitigation may not be required. The standard offering of sound Level reductions are shown above to confirm that mitigated chillers could reasonably get down to the Levels specified in Table 3. Other chiller mitigation options include using a different chiller, sound walls, and relocation of the chiller equipment. Havingthe chillers on top of the building puts the chillers further away from the property boundaries and reduces the potential for offsite noise impacts. Emergency Generators Each emergency generator was estimated to have an overall sound power level of 105 dBA (sound pressure level of 65 dBA at 50 feet). The generators were modeled inclusive of both the generator enclosure and exhaust stack. Substation Transformers The Project is expected to include seventeen (17)167-megavolt-ampere (MVA) substation transformers. According to National Electrical Manufacturers Association (NEMA) TR-1, the 167-MVA transformers would have a standard sound pressure level of 75 dBA, measured in accordance with the Institute of Electrical and Electronics Engineers (IEEE) Standard C57.12.90. The IEEE Standard requires sound level measurements to be averaged around the unit, measured at distances of 1 foot from the tank of the transformer and 6 feet from fan cooled surfaces. Based on typical transformer sizes the sound power level is expected to be around 95 dBA. In order to meet the City sound level limits at the property lines low -noise transformers would need to be specified to not exceed 89 dBA sound power level. The 89 dBA sound power level transformers were included in the predictive model. Operational Scenario Assumptions The model was evaluated for two operational scenarios: Normal Operation and Generator Testing. Normal Operation represents the condition where all campus chillers are at 100% Load without the use of generators. Generator Testing represents the condition where all campus chillers are at 100% load and two generators per data center building are being tested at 100% load. Emergency operations would represent a condition during an emergency situation where all equipment is operation and running at 100% load. The emergency operation scenario was not modeled because it is not considered "normal conditions" and the City of Yorkville confirmed the emergency scenario is exempt from the limits. A summary of each modeled scenario is provided in Table4. Table 4: Summary of Operating Scenarios Operating Scenario Normal Operation GeneratorTesting Emergency Operation Design Goal 50 dBA at property lines 60 dBA at property lines Equipment in Operation for Each Scenario Chiller All On at IW/o Load All On at 100% Load All On at 100% Load Generators ALL Off 2 per Building at 100% Load All On at 100% Load Transformers All On All On All Off Sound Modeling Results The Project equipment was modeled usingthe provided sound level assumptions for Normal Operation and Generator Testing scenarios. A tabulated summary of the most impacted properly line location is provided in Table 5. Project Cardinal - Design Team Pioneer Development July 9, 2025 Page E Table 5: Modeled Project Sound Levels at Property Lines Receiver Modeled Sound Level (dBA) Normal Operation Generator Testing Boundary NW 48 49 Boundary N so 50 Boundary NE 5o 50 Boundary E 49 49 Boundary SE 50 50 Boundary SW 49 49 Boundary NW 48 49 The most impacted property line receivers were modeled to be belowthe design goals during Normal Operation and Generator Testing. Sound level contours were generated for the two operating scenarios, in 5-dBA increments, at a height 5 feet above grade as shown in Figure 3 and Figure 4 of Attachment 1. Conclusion Burns & McDonnell provided an acoustic analysis for the proposed Project Cardinal data center based on representative equipment sound levels and the site plan provided. The modeling results show that the Project design can feasibly meet the City of Yorkville sound level limits using low -noise chillers. Placingthe chillers on top of the buildings puts the units farther from the Project property boundaries, which is used to help reduce noise offsite. Specifying non -tonal chillers when purchased will allowthe Project to not emit prominent discrete tones offsite and would not require a 10-dBA penalty be applied to the limits. Sincerely, Burns & McDonnell Gabriel Weger Section Manager —Acoustics Attachments Attachment 1— Figures Attachment 2— Measurement Data Attachment 1 - Figures Noll nnuI"" yv r~ x"' mw ^"° wmnsy^ T-'—'—'—'—'----- WN UJ Ij C Em194 SUISSE DL cwr. waa+ s- wmD..- da+ amm r, w: isiouezau-. euwe` eueesw.+ e+ arae, aa aa aw a+- oM,.. sa aa•. mw pub walsns aleuiwoo sae sa3nBl y9aiifi{ ySlaaauoxayleuiPae iL9LH L' IanaOsaa roi saPd laalord' Itlap as{ oPYnMalaaladl'.' Wad s¢ en..— As ale- p. o . vaepiaavo! d, sale iafm& LEaQ 9 Hied m f l<»!/' LU) 2§ | 2 § 8! V0k z\« j d - a> v 2 A i 2 @ / $ tm t k m j j Attachment 2 - Measurement Data Project Cardinal Attachment 2 *N BURNS MSDONNELL- jf M,-J^-+y MRvvx 4hJl'1}p 37i J Y9i J Time M P01 dBAj Leq L10 L50 L90 6/17/25 11:00 AM 70 73 65 54 6/17/25 12:00 PM 69 73 65 55 6/17/25 1:00 PM 69 73 65 53 6/17/25 2:00 PM 68 72 65 50 6/17/25 3:00 PM 69 72 65 54 6/17/25 4:00 PM 69 71 65 55 6/17/25 5:00 PM 68 71 65 54 6/17/25 6:00 PM 67 71 65 52 6/17/25 7:00 PM 66 69 61 48 6/17/25 8:00 PM 65 68 59 47 6/17/25 9:00 PM 67 68 58 46 6/17/25 10:00 PM 66 71 58 45 6/17/25 11:00 PM 64 66 48 38 6/18/25 12:00 AM 63 63 45 35 6/18/25 1.00 AM 60 60 40 32 6/18/ 25 2:00 AM 63 62 43 33 6/18/ 25 3:00 AM 66 66 49 40 6/18/ 25 4:00 AM 66 69 53 42 6/18/ 25 5:00 AM 70 73 63 48 6/18/ 25 6:00 AM 70 74 66 51 6/18/ 25 7:00 AM 70 73 66 52 6/18/25 8:00 AM 69 73 65 52 6/18/25 9:00 AM 70 74 65 53 6/18/25 10:00 AM 70 74 65 50 6/18/25 11:00 AM 71 75 67 54 6/18/25 12:00 PM 70 73 65 51 6/18/25 1.00 PM 65 76 69 56 Average Daytime: 69 72 64 52 Average Nighttime: 67 67 52 40 Note: The average Leq daytime and nighttime sound levels shown are the logarithmic energy average of the 1-hour sound levels measured. The L10, L50, and L90 are the arithmetic averages of the 1-hour values Project Cardinal Attachment 2 % BURNS M DONNELL_ Time M P02 IdBA] Leq L10 L50 L90 6/17/25 12:00 PM 61 73 55 47 6/17/25 1:00 PM 61 73 54 46 6/17/25 2:00 PM 62 73 53 44 6/17/25 3:00 PM 60 72 53 45 6/17/25 4:00 PM 59 72 55 45 6/17/25 5:00 PM 59 71 54 43 6/17/25 6:00 PM 58 71 52 39 6/17/25 7:00 PM 65 71 49 37 6/17/25 8:00 PM 57 69 50 39 6/17/25 9:00 PM 60 68 52 42 6/17/25 10: 00 PM 60 68 51 41 6/17/25 11: 00 PM 56 71 48 38 6/18/25 12:00 AM 54 66 41 36 5/18/25 1:00 AM 53 63 39 35 6/18/25 2:00 AM 54 60 41 35 6/18/25 3:00 AM 57 62 44 39 6/18/25 4:00 AM 60 66 48 42 6/18/25 5:00 AM 62 69 54 45 6/18/25 6:00 AM 61 73 54 44 6/18/25 7:00 AM 61 74 53 44 6/18/25 8:00 AM 61 73 54 44 6/18/25 9:00 AM 60 73 53 44 6/19/25 10:00 AM 61 74 53 43 6/18/25 11:00 AM 62 74 56 47 6/18/25 12:00 PM 60 75 53 41 6/18/25 1:00 PM 61 73 59 54 Average Daytime: 61 72 53 44 Average Nighttime: 1 59 66 46 39 Note: The average Leq daytime and nighttime sound levels shown are the logarithmic energy average of the 1-hour sound levels measured. The L10, L50, and L90 are the arithmetic averages of the 1-hour values Project Cardinal Attachment 2 4 BURN$ AWN, MSDONNELL_ Table 3 - Hourly Average Sound Levels - MP03 J Time MP03 dBA] Leq L10 L50 L90 6/17/25 12.00 PM 68 72 56 43 6/17/25 1:00 PM 68 72 56 44 6/17/25 2:00 PM 69 73 60 46 6/17/25 3:00 PM 70 74 66 51 6/17/25 4:00 PM 70 74 67 54 6/17/25 5:00 PM 71 74 66 53 6/17/25 6:00 PM 68 73 61 49 6/17125 7:00 PM 67 72 57 46 6/17/25 8:00 PM 66 71 56 45 6/17/25 9:00 PM 66 70 56 42 6/17/25 10:00 PM 67 71 58 45 6/17/25 11:00 PM 64 66 50 42 6/18/25 12:00 AM 61 61 44 35 6/18/25 1:00 AM 61 59 41 35 6/18/25 2:00 AM 64 58 41 33 6/18/25 3:00 AM 61 60 44 37 6/18/25 4:00 AM 68 72 55 43 6/18/25 5:00 AM 71 75 61 49 6/18/25 6:00 AM 71 76 63 50 6/18/25 7:00 AM 71 75 63 50 6/18/25 8:00 AM 70 75 62 47 6/18/25 9:00 AM 69 74 58 46 6/18/25 10:00 AM 69 73 56 44 6/18/25 11:00 AM 71 75 61 48 6/18/25 12:00 PM 70 74 61 46 6/18/25 1:00 PM 72 78 65 56 Average Daytime: 69 73 60 48 Average Nighttime: 67 65 49 40 Nate: The average Leq daytime and nighttime sound levels shown arethe logarithmic energy average of the 1- hour sound revels measured. The L10, LSO, and L90 are the arithmetic averages of the 1-hour values Project Cardinal Attachment 2 ++% BURNSKMGDONNELL_ Time MP04 d6A] Leq L10 L50 L90 6/17/25 12:16 PM 57 59 47 39 6/17/25 1:00 PM 56 59 45 38 6/17/25 2:00 PM 55 60 44 37 6/17/25 3:00 PM 57 61 44 36 6/17/25 4:00 PM 56 61 43 36 6/17/25 5:00 PM 57 62 42 35 6/17/25 6:00 PM 56 61 41 33 6/17/25 7:00 PM 55 59 42 34 6/17/25 8:00 PM 55 60 45 33 6/17/25 9:00 PM 59 64 45 37 6/17/25 10:00 PM 63 69 46 38 6/17/25 11:00 PM 52 53 44 38 6/18/25 12:00 AM 50 50 38 33 6/18/25 1:00 AM 51 49 37 33 6/18/25 2:00 AM 55 46 40 35 6/18/25 3:00 AM 50 48 40 35 6/18/25 4:00 AM 55 56 43 39 6/18/25 5:00 AM 59 63 48 42 6/18/25 6:00 AM 60 64 48 41 6/18/25 7:00 AM 58 62 45 40 6/18/25 8:00 AM 58 62 45 39 6/18/25 9:00 AM 55 59 44 37 6/18/25 10:00 AM 56 60 42 36 6/18/25 11:00 AM 58 62 48 39 6/18/25 12:00 PM 57 62 46 33 6/18/25 1:00 PM 60 64 53 49 Average Daytime: 59 61 45 37 Average Nighttime: 57 54 42 37 Note: The average Leq daytime and nighttime sound levels shown ore the logarithmic energy average of the I -hour sound levels measured. The L10, L50, and L90 ore the orithmetic overages of the I -hoar values LUa0Wa PHASE 3 PHASE 0 PHASE 1 PHASE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 Summary An ordinance approving a settlement agreement between John Bryan and the City of Yorkville regarding Project Cardinal. Background The City approved a PUD agreement with Project Cardinal in November 2025, which included a phasing plan that contemplated the developer beginning construction in the northeast phase of the development and working to the west phase of the development, before finishing in the southeast phase of the development. Any change to the phasing plan requires a major PUD amendment to the project. The City has come to terms with John Bryan on his litigation against the City regarding Project Cardinal. That settlement agreement is attached and contemplates a reordering of the phasing plan from what is described above, to a “northeast-southeast-west” order. The originally approved phasing plan and the revised phasing plan as part of this settlement agreement are included with this memo for reference. Sections 3, 4, and 5 of the settlement agreement generally dictate the rules for development construction order, which are set up as that each phase must be substantially complete by the developer before they can begin construction on the next phase. There are some exceptions to that guidance to cover issues outside of the developers control. Finally, the settlement agreement contains no payments to John Bryan by the City, but it does contemplate that John Bryan and the Project Cardinal developer may separately negotiate the terms of a side agreement. Recommendation Staff recommends approval of the ordinance approving the settlement agreement. Should the settlement agreement be approved by City Council, the developer has already applied for a major PUD amendment to update the phasing plan, which is expected to be in front of the July Economic Development Committee, July PZC, and July 14th City Council meeting. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: June 18, 2026 Subject: Bryan v Yorkville settlement agreement Originally Approved Phasing Plan PHASE 3 PHASE 0 PHASE 1 PHASE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 Revised Phasing Plan Ordinance No. 2026-____ Page 1 Ordinance No. 2026-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING A CONDITIONAL SETTLEMENT AGREEMENT AND RELEASES WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, Pioneer Development, LLC, an Illinois limited liability company (“Pioneer”) is the contract purchaser of approximately 1,037 acres of land located west of North Bridge Street (Illinois State Route 47), east of Ashe Road, and directly south of East Baseline Road (the “Property”) upon which Pioneer proposes to develop a secured data center campus (the “Development”); and, WHEREAS, in March 2025, Pioneer filed applications required for the Development to (a) annex a portion of the Property, (b) rezone the Property, (c) grant a Special Use for Planned Unit Development (“PUD”) for the Property, and (d) provide for certain other necessary relief required to allow for the Development; and, WHEREAS, John P. Bryan (the “Plaintiff”) owns and resides at the residential property located at 17F Ashe Road, Sugar Grove, Illinois; and, WHEREAS, the Plaintiff filed a four Count Complaint against the City, the Mayor and the Aldermen which are Members of the City Council (the “Defendants”) in the Circuit Court of the Twenty-Third Judicial Circuit, Kendall County, Illinois, docketed and currently pending as Case Number 2025 CH 000028 (the “Litigation”). In the Litigation, the Plaintiff alleges that he owns and resides at residential property located at 17F Ashe Road, Sugar Grove, Illinois, near the Ordinance No. 2026-____ Page 2 proposed site of the Development. The Plaintiff, in his lawsuit, seeks orders, among others, permanently ordering or enjoining Defendants from rezoning the subject property for manufacturing use or granting a special use permit for the Planned Unit Development for the Property; and, WHEREAS, Pioneer was granted its motion to intervene and did intervene in the Litigation becoming a Defendant in addition to the City and the Members of the City Council; and, WHEREAS, the Plaintiff and Defendants have reached an agreement to settle the Litigation and resolve all matters and disputes pursuant to the terms set forth in the Conditional Settlement Agreement and Releases (the “Agreement”), a copy of which is attached hereto, conditioned upon final and formal governmental approvals required by the City that may be necessary to effectuate this Agreement; and, WHEREAS, Defendants continue to deny all wrongdoing and liability, but all Parties to the Litigation deem settlement to be in their own best interests in order to avoid the expense, uncertainties, inconvenience and distraction of the Litigation. NOW THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: Section 1. The foregoing recitals shall be and are hereby incorporated as findings as if restated in this Section 1. Section 2. That the Conditional Settlement Agreement and Releases, in the form attached hereto as Exhibit A and made a part hereof, by and among John P. Bryan, the United City of Yorkville, Kendall County, Illinois, Pioneer Development LLC, Alderman Daniel V. Transier, Alderman Matt Marek, Mayor John Purcell, Alderman Rusty Corneils, Alderman Ken Koch, Ordinance No. 2026-____ Page 3 Alderman Craig Soling, Alderman Joe Plocher and Alderman Rusty Hyett is hereby approved. The Mayor, City Clerk and each Member of the City Council are hereby authorized to execute and implement its terms. Section 3. This Ordinance shall be in full force and effect upon its passage, approval and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2026. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ RUSTY CORNEILS _________ RUSTY HYETT _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2026. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Docusign Envelope ID: 03EA1895-ABE4-8433-8398-B01AD9F23904 CONDITIONAL SETTLEMENT AGREEMENT AND RELEASES This Conditional Settlement Agreement and Release ("Agreement") is made and entered into by and between John P. Bryan ("Plaintiff'), The City of Yorkville, an Illinois municipality ("City" or "Yorkville"), Mayor John Purcell, Aldermen Daniel V. Transier, Matt Marek, Chris Funkhouser, Rusty Comeils, Ken Koch, Craig Soling, Arden Joe Plocher, and Rusty Hyett ("Aldermen"), in their official capacities, and Intervenor Pioneer Development, LLC ("Pioneer" or "Intervenor"). "City" and "Aldermen" shall be collectively referred to as "Defendants." Plaintiff, Defendants, and Pioneer shall be collectively referred to as the "Parties." The Parties enter into this Agreement, conditioned upon the necessary approvals by the City and any other applicable corporate authorities, in exchange for good and valuable consideration mutually received and acknowledged as more particularly described herein, and in order to resolve and dispose of all disputes, claims and causes of action that any party has, or may have had in this Litigation (defined below), against any other party, as described herein and subject to the recitals, terms and conditions set forth in this Agreement. This Agreement will be effective as of the date it has been fully executed (the "Effective Date"). RECITALS WHEREAS, Pioneer, an Illinois Limited Liability Company, is the contract purchaser of approximately 1,037 acres of land located west of North Bridge Street (Illinois State Route 47), east of Ashe Road, and directly south of East Baseline Road (the "Property") upon which Pioneer proposes to develop a secured data center campus (the "Development"). 1 Docusign Envelope ID: 03EA1895-ABE4-8433-8398-B01AD9F23904 WHEREAS, In March 2025, Pioneer filed applications required for the Development to (a) annex a portion of the Property, (b) rezone the Property, (c) grant a Special Use for Planned Unit Development ("PUD") for the Property, and (d) provide for certain other necessary relief required to allow for the Development. WHEREAS, Pioneer and the City have negotiated an Annexation Agreement to become effective as of the date Pioneer becomes the title holder of the Property. WHEREAS, on November 10, 2025, following several months of negotiations with the City and revisions to the proposed Development, the City approved two ordinances required for the Development. One ordinance authorizes the City to enter into an agreement with Pioneer for a planned unit development for the Property (the "PUD Agreement Ordinance"). The second ordinance authorizes the City to enter into an annexation agreement (the "Annexation Agreement Ordinance") with Pioneer concerning the annexation of a portion of the Property located at the Southwest Comer of Baseline Road and North Bridge Street. WHEREAS, pursuant to the PUD Agreement Ordinance, the City and Pioneer entered into that certain Planned Unit Development Agreement, dated _ _, 2025 (the "PUD Agreement"). WHEREAS, on March 31, 2026, two other ordinances were enacted, which will become effective upon Pioneer closing on its acquisition of the Property. One is for the actual annexation of certain portions of the Property ("Annexation Ordinance") and the other is for the rezoning of the Property ("Rezoning Ordinance"). The PUD Agreement, Annexation Ordinance and Rezoning Ordinance provide that the Property will be zoned M-2 General Manufacturing upon the annexation as provided in the Annexation 2 Docusign Envelope ID: 03EA1895-ABE4-8433-8398-B01AD9F23904 Agreement. The PUD Agreement further provides that the Subject Property may be developed as a data center. WHEREAS, pursuant to the PUD Agreement, the City approved a Phasing Plan that is attached to the PUD Agreement as Exhibit B (the "Initial Phasing Plan"). Pursuant to Section 2.3 of the PUD Agreement, the Initial Phasing Plan may be modified or re-ordered only as required due to events beyond Pioneer's control and only with City Council Approval. Further, pursuant to Section 7.4 of the PUD Agreement, any change in order of the Initial Phasing Plan is a "Major Amendment" to the approved planned unit development that must be considered pursuant to the procedure set forth in Section 10-8- 8(F) of the City's Unified Development Ordinance (the "UDO"). WHEREAS, Plaintiff filed a four Count Complaint against Defendants in the Circuit Court of the Twenty-Third Judicial Circuit, Kendall County, Illinois, docketed and currently pending as Case Number 2025 CH 000028 (the "Litigation" or "Lawsuit"). In the Litigation, Plaintiff alleges that he owns and resides at residential property located at 17F Ashe Road, Sugar Grove, Illinois, near the proposed site of the Development. Plaintiff, in his lawsuit, seeks orders, among others, permanently ordering or enjoining Defendants from rezoning the subject property for manufacturing use or granting a special use permit for the Planned Unit Development for the property; and WHEREAS, Pioneer was granted leave to intervene and did intervene in the Litigation. WHEREAS, the Parties to this Agreement have reached agreement regarding the terms of a settlement, conditioned upon final and formal governmental approvals required by the City that may be necessary to effectuate this Agreement, and now wish to formally 3 Docusign Envelope ID: 03EA1895-ABE4-8433-8398-B01AD9F23904 memorialize their conditional agreement to settle and resolve all matters and disputes raised in the Litigation; and WHEREAS, Defendants continue to deny all wrongdoing and liability, but all Parties to this Agreement deem settlement to be in their own best interests in order to avoid the expense, uncertainties, inconvenience and distraction of the Litigation. NOW, THEREFORE, in consideration of the foregoing recitals set forth above, which are incorporated in full into this Agreement, and of the covenants and promises set forth in this Agreement and in exchange for other good and valuable consideration more specifically set forth in this Agreement and hereby acknowledged, the Parties conditionally agree as follows: RELEASES 1. Plaintiff's Conditional Release of Defendants and Pioneer. Subject to, and contingent upon, the adoption of the PUD Amendment Ordinance (defined below) by the City Council in accordance with the requirements of Section 3 of this Agreement and the Intervenor following all requirements thereof, the Plaintiff, on behalf of himself, and his attorneys, successors and assigns, if any, any trust or beneficiary of such trust owned or controlled by or on behalf of Plaintiff, and anyone acting or authorized to act on their behalf, shall hereby completely release, remise, forever discharge, defend and hold harmless Defendants and Pioneer, and their respective agents, employees, attorneys, taxpayers, successors and assigns, commissioners, officers, directors, shareholders and affiliates, partners, subsidiaries, predecessors, if any, and anyone acting or authorized to act on behalf of Defendants and Intervenor of and from any and all claims, demands, causes of action, suits of every kind and nature, costs, damages, expenses, benefits, 4 Docusign Envelope ID: 03EA1895-ABE4-8433-8398-B01AD9F23904 accruals, compensation and liabilities of every kind, character and description, debts, obligations, or rights, whether fixed or contingent, known or unknown, matured or unmatured, that the Plaintiffs may have had or may now have, which relate to the Development, the PUD Agreement Ordinance, the Annexation Agreement Ordinance, the Annexation Agreement, the PUD Agreement (in its current form or as amended in the future), the Annexation Ordinance, the Rezoning Ordinance ( each of the foregoing, in its current form or, except with respect to modifications to the Updated Phasing Plan, as amended in the future), and all allegations or claims asserted or that could have been asserted in the Litigation. For the avoidance of doubt, the Plaintiffs conditional release set forth in this Section shall not be effective unless and until the City Council adopts the PUD Amendment Ordinance in accordance with the requirements of Section 3 of this Agreement. Notwithstanding anything contained herein to the contrary, during all construction activities described herein, Intervenor acknowledges all noise nuisance statutes and regulations, including but not limited to 415 ILCS 5/Environmental Act, et seq. 2. Defendants' and Intervenor's Conditional Release of Plaintiff. Subject to, and contingent upon, the adoption of the PUD Amendment Ordinance by the City Council in accordance with the requirements of Section 3 of this Agreement, the Defendants and Intervenor, on behalf of themselves, and their attorneys, successors and assigns, if any, and anyone acting or authorized to act on their behalf, shall hereby completely release, remise, forever discharge, defend and hold harmless Plaintiff and his successors and assigns, if any, of and from any and all claims, demands, causes of action, suits of every kind and nature, costs, damages, expenses, benefits, accruals, compensation 5 Docusign Envelope ID: 03EA1895-ABE4-8433-8398-B01AD9F23904 and liabilities of every kind, character and description, debts, obligations, or rights, whether fixed or contingent, known or unknown, matured or unmatured, that the Defendants and Intervenor may have had or may now have, as a result of Plaintiff having filed the Litigation. For the avoidance of doubt, the Defendants' and Intervenor's releases set forth in this Section shall not be effective unless and until the City Council adopts a PUD Amendment Ordinance in accordance with the requirements of Section 3 of this Agreement. REVISED PHASING OF THE DEVELOPMENT AND STAY 3. This Agreement, the Parties' releases, and Plaintiffs dismissal of his lawsuit are contingent upon the City enacting a PUD Amendment Ordinance or taking other such steps as may be necessary to amend the PUD Agreement by deleting and replacing the Initial Phasing Plan attached to the PUD Agreement as Exhibit B with the revised phasing plan for the construction of the Development, which will provide that construction shall commence in the northeastern portion of the property, advance next to the southeastern portion of the property, and then be completed along the western side of the property, attached to this Agreement as Exhibit A (the "Updated Phasing Plan"). Intervenor agrees to use good faith efforts to seek enactment of the PUD Amendment Ordinance. 4. Within seven (7) days of the Effective Date, the Parties shall request that the Court stay the Litigation for ninety (90) days to allow time for all necessary approvals to be issued relating to the Updated Phasing Plan provided, however, such 90-day period shall be extended if Intervenor and the City are working in good faith to obtain such approvals. If the City Council does not approve the Updated Phasing Plan within 90 days 6 Docusign Envelope ID: 03EA1895-ABE4-8433-8398-B01AD9F23904 after the Effective Date of this Agreement, as the same may be extended, the stay of the Litigation will automatically expire and Plaintiff and Intervenor each would have the right to terminate this Agreement, except that the Parties reserve the right to continue to work together in a good faith effort to approve the Updated Phasing Plan and propose a further extension of the stay of the Litigation. 5. Intervenor shall not construct any enclosed, occupiable primary building ( a "Shell") on the "Phase 3 Portion" of the Updated Phasing Plan until Phase 1 and Phase 2 construction is at least 90% completed, as evidenced by the issuance of temporary certificates of occupancy for the Phase 1 and Phase 2 construction, or 72 months from the Effective Date, whichever is earlier. In the event of any unanticipated delays in securing temporary certificates of occupancy, construction on the Phase 3 Shell may commence upon the expiration of 36 months from the issuance of the first grading permit for the Development. For the avoidance of doubt, the property to be constructed in "Phase 3" refers to a single parcel with property identification number 02-06-100-022. The City Council shall not amend, modify or replace that portion of the Updated Phasing Plan that requires the areas in Phase 1 and Phase 2 to be substantially constructed ( or for 36 months to pass from the issuance of the first grading permit) before the Intervenor constructs a Shell on the Phase 3 construction. 6. It is agreed and understood that any change in the sequencing of work to be undertaken between Phase 1 and Phase 2 that does not conform to the Updated Phasing Plan is not a material violation of this Agreement, as long as the shell and subsequent work on the Phase 3 Construction occurs after the substantial completion of Phases 1 and 2, or other time limitations expire prior to the commencement of work in 7 Docusign Envelope ID: 03EA1895-ABE4-8433-8398-B01AD9F23904 Phase 3 construction. Notwithstanding anything to the contrary contained in this Agreement or its exhibits, nothing herein shall be construed to prohibit, limit, or delay the Intervenor, or any utility provider, from performing normal and customary site preparation work for a project of this type, including, without limitation: grading, landscaping, road construction, or constructing, installing, operating, or maintaining any public or private utility infrastructure, transmission lines, the required shared used path, or accessory structures anywhere on the Property at any time. Notwithstanding any other language herein, it is agreed and understood that Intervenor may build and use switching stations and other electrical components on Phase 3 at any time. 7. Plaintiff agrees to do nothing, directly or indirectly, to in any way interfere with, obstruct, object to, or to hinder the effort by other Parties to facilitate approvals and authorizations required for the Revised Phasing of the Development, including, without limitation, any amendment to the PUD Agreement. Plaintiff also acknowledges and agrees that Intervenor can proceed with horizontal improvements, including but not limited to, dirt work for grading, berm installation, preliminary utility work, and any related landscaping, on the entire Property. 8. Plaintiff and Intervenor shall separately negotiate the terms of, and shall comply with, a confidential side letter agreement. DISMISSAL OF THE LITIGATION 9. Dismissal. Upon the City's approval of the Updated Phasing Plan, the Parties agree to the entry of an order in the Litigation, in the form attached as Exhibit A, dismissing the pending cause with prejudice. 8 Docusign Envelope ID: 03EA1895-ABE4-8433-8398-B01AD9F23904 COOPERATION 10. Cooperation. The Plaintiff shall not, directly or indirectly, bring, cooperate with, or fund any further litigation, or take any other actions, now or in the future, that would interfere with, obstruct, hinder or obstruct the future development of the Property. Further, the Plaintiff shall not bring or fund any challenge to the improvement, use, provision of utilities or any other public or private services to, the Property pursuant to the PUD Agreement Ordinance, the Annexation Agreement Ordinance, the Annexation Agreement, the PUD Agreement, including, without limitation, any amendment to the PUD Agreement, the Annexation Ordinance, the Rezoning Ordinance, a development agreement, a utility agreement, the approval of the Updated Phasing Plan, or any other ordinances, approvals, or actions required to effectuate the Development. ADDITIONAL PROVISIONS 11. Non-Disparagement. Plaintiff and Intervenor agree not to disparage, or make any disparaging remarks or send any disparaging communications (whether directly or indirectly) concerning the Development, the Litigation, the PUD Agreement Ordinance, the Annexation Agreement Ordinance, the Annexation Agreement, the PUD Agreement, the Annexation Ordinance, the Rezoning Ordinance, or each other (including but not limited to their principals and affiliates), or concerning their respective reputations and/or businesses, to any person or entity, with or through any public signs, whether or not they are made anonymously or through the use of a pseudonym. Nothing in this Agreement is intended to or shall preclude Plaintiff and Intervenor from making any truthful statement to the extent required by law or by any court, arbitrator, mediator 9 Docusign Envelope ID: 03EA1895-ABE4-8433-8398-B01AD9F23904 or administrative or legislative body (including any committee thereof) with actual or apparent jurisdiction to order such person to disclose or make accessible such information. 12. Default; Remedies. If any of the Parties fails to observe or perform any of the obligations to be observed or performed by that Party under this Agreement, or violates any of the provisions of this Agreement, such Party shall be in default under this Agreement (each such occurrence, a "Default"). In the event of any Default, the non- defaulting Parties may bring any action available at law or in equity against the defaulting Party, including, without limitation, for damages and injunctive relief. Notwithstanding the preceding sentence, the Parties acknowledge and agree that if the City adopts the PUD Amendment Ordinance and subsequently amends, modifies, or replaces the Updated Phasing Plan, or begins the process to materially amend, modify, or replace the Updated Phasing Plan, without first obtaining the prior written approval of Plaintiff, in violation of Section 3 of this Agreement, Plaintiff may incur harm that cannot be adequately compensated through damages and Plaintiff shall have the right, in addition to any other remedies available to Plaintiff at law or in equity, to seek a judicial order enjoining or invalidating any such amendment, modification, or replacement of the Updated Phasing Plan. Defendants and Intervenor shall reserve all rights in the event Plaintiff commences such an action. 13. No Admission of Liability. The Parties agree that the Agreement has been executed for purposes of settlement and is not to be deemed or construed in any way as an admission or concession of any liability or wrongdoing on the part of any party. 10 Docusign Envelope ID: 03EA1895-ABE4-8433-8398-B01AD9F23904 14. Authority. The Parties each represent and warrant to one another that they have the full power and authority to enter into this Agreement and that this Agreement has been executed by their duly authorized representatives. The Parties hereto also represent and warrant to one another that they have not assigned, pledged, encumbered or in any manner transferred or conveyed any portion of the claims, causes of action and defenses covered by this Agreement. 15. Legal Representation. The Parties hereto each represent and warrant to one another that each have been represented by and consulted with their respective independent legal counsel in connection with the negotiating, drafting and execution of this Agreement. The Parties agree that in any proceedings to enforce this Agreement, the act of draftsmanship shall not be construed against any Party. 16. Modification or Amendment. This Agreement may be modified or amended only by a writing signed by all of the Parties. 17. Continuing Benefit. This Agreement shall be binding upon and inure to the benefit of the parties and their respective agents, successors and assigns. 18. Choice of Law and Forum. The Parties agree that this Agreement shall be construed in accordance with the laws of the State of Illinois. All actions or proceedings arising out of or relating to this Agreement shall be litigated exclusively in state courts located in Kendall County, Illinois. The Parties hereby waive any right they may have to contest jurisdiction or to transfer or change the venue of any litigation brought in accordance with this Paragraph. 19. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the 11 Docusign Envelope ID: 03EA1895-ABE4-8433-8398-B01AD9F23904 same document. The Parties further agree that electronically communicated signature pages (e.g., email, PDF, and/or facsimile) shall be acceptable and deemed as an original and binding on the Parties. SIGNATURE PAGE FOLLOWS 12 Docusign Envelope ID: 03EA1895-ABE4-8433-8398-B01AD9F23904 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement: PLAINTIFF: John P. Bryan Date: ____________ _ DEFENDANTS: City of Yorkville, an Illinois municipality By: _____________ _ Name: ------------- Title: ____________ _ Date: -------------- Mayor John Purcell Date: -------------- Alderman Daniel V. Transier Date: _____________ _ Alderman Matt Marek Date: -------------- Alderman Chris Funkhouser Date: -------------- 13 Docusign Envelope ID : 03EA 1895-ABE4-8433-8398-B01 AD9F23904 Alderman Rusty Corneils Date: -------------- Alderman Ken Koch Date: ____________ _ Alderman Craig Soling Date: -------------- Alderman Arden Joe Plocher Date: -------------- Alderman Rusty Hyett Date: ____________ _ INTERVENOR: Pioneer Development, LLC B. c ~•~b~ y • l5ACBEAF493F4BA. .. N Matt Mccarron ame : ------------- Title: Managing Member Date: 6/18/2026 I 06:43 PDT 14 Docusign Envelope ID: 03EA1895-ABE4-8433-8398-B01AD9F23904 EXHIBIT A IN THE CIRCUIT COURT OF THE TWENTY-THIRD JUDICIAL CIRCUIT KENDALL COUNTY, ILLINOIS John P. Bryan Plaintiff, v. The City of Yorkville, an Illinois municipality, Defendant, And Alderman Daniel V. Transier, Alderman Matt Marek, Alderman Chris Funkhouser, Mayor John Purcell, Alderman Rusty Comeils, Alderman Ken Koch, Alderman Craig Soling, Alderman Arden Joe Plocher, and Alderman Rusty Hyett, in their official capacities as Members of the Yorkville City Council, Defendants, And Pioneer Development, LLC, Intervenor. ORDER Case No. 2025 CH 000028 Hon. Robert P. Pilmer This cause coming on to be by agreement of the Parties, the parties being present through counsel and having entered into a written settlement agreement, and the Court being fully advised in the premises, IT IS HEREBY ORDERED: This cause is dismissed with prejudice, with each party to bear its/her/his own costs. ENTERED: Date: ______ , 2026 15 Docusign Envelope ID : 03EA1895-ABE4-8433-8398-B01AD9F23904 Order Prepared by: ls/Matthew Klepper Matthew Klepper (IL-6237455) Kenneth Schmetterer (IL-6201860) DLA Piper LLP (US) I Firm ID: 43034 444 West Lake Street, Suite 900 Chicago, Illinois 60606 Tel: (312) 368-6805/2176 matthew.klepper@us.dlapiper.com kenneth.schmetterer@us.dlapiper.com Counsel for Pioneer Development, LLC David J. Silverman (11-6198661) James A. Murphy (IL-6195324) Mahoney, Silverman & Cross, LLC 822 Infantry Drive, Suite 1000 Joliet, Illinois 60435 Tel: (815) 730-9500, x.103 dsilverman@msclawfirm.com Counsel for Pioneer Development, LLC 16 PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE UNITED CITY OF YORKVILLE PLANNING AND ZONING COMMISSION PZC 2026-05 NOTICE IS HEREBY GIVEN THAT Pioneer Development, LLC, as the petitioner and contract purchaser, along with property owners Galena & 47th, LLC, MPLIV10, LLC, Sanjay and Sameer Gupta, Dale L. Konicek, LLC, and The Konicek Family Limited Partnership, have submitted an application to the United City of Yorkville, Kendall County, Illinois for a Major Amendment to an existing Planned Unit Development (PUD) of approximately 1,037 acres referred to as Project Cardinal data center campus. The petitioner is requesting an amendment to the previously approved Phasing Plan. Under the approved plan, development was to proceed in a counterclockwise sequence, beginning in the northeastern portion of the property, continuing to the western portion, and concluding in the southeastern portion. The proposed amendment would revise the development sequence to a clockwise progression, with Phase 1 beginning in the northeastern portion of the property, followed by development in the southeastern portion, and concluding along the western side of the site. The subject property is generally located northwest of Route 47 and Galena Road, south of Baseline Road, and east of Ashe Road. The legal description is as follows: 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 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 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 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 732720; 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 RIGHTOFWAY LINE OF ILLINOIS ROUTE 47 PER DOCUMENT 907256 AND 907257; (THE NEXT 5 CALLS ARE ALONG SAID WESTERLY RIGHTOFWAY 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 732720, 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 72467 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 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 72467, 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 NONTANGENT 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. 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 NONTANGENT 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, EXCEPTING THEREFROM THAT PART OF THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERID IAN 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 MERIDIA N, 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 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 732720; 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 RIGHTOFWAY 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. R732841 (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. R732841, 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 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 734671; 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 R734671; 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 734671; 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 OF 2329.35 FEET TO THE SOUTH LINE OF PROPERTY CONVEYED TO DIANE R. KAPCHINSKI BY TRUSTEES DEED RECORDED JUNE 14, 1973 AS DOCUMENT 7328243; 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 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. PINs: 02-05-300-003, 02-04-300-032, 02-04-300-024, 02-05-400-021, 02-09-100-031, 02-09-100- 030, 02-04-100-015, 02-05-200-007, 02-06-100-022, 02-06-200-002, 02-05-400-022, 02-05-200-006, 02-04-100-016, 02-06-400-008, 02-06-200-003, 02-05-100-003, 02-05-100-005, 02-05-400-009, 02- 04-300-018, 02-04-300-017 A copy of the application is available for review during normal City business hours at the office of the Community Development Director. NOTICE IS HEREWITH GIVEN THAT the Planning and Zoning Commission for the United City of Yorkville will conduct a Public Hearing on said applications on Wednesday, July 8, 2026 at 7 p.m. at the United City of Yorkville, City Hall, located at 651 Prairie Pointe Drive, Yorkville, Illinois 60560. The public hearing may be continued from time to time to dates certain without further notice being published. The Planning and Zoning Commission serves as a recommending body, with the final decision to approve or deny this request made by the City Council. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville Community Development Department, City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, and will be accepted up to the date of the public hearing. For more project information, please scan the QR code below. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. JORI CONTRINO City Clerk SUMMARY: Staff has reviewed a request from Kendall County Planning, Building, 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, Thomas A. Schnabel, Jr., on behalf of Two Star Enterprises, LLC, is seeking a map amendment (rezoning) for approximately 31.75 acres directly west of 1255 East Beecher Road from A-1 Agricultural District with a Special Use Permit to M-2 Heavy Industrial District. The purpose of the request is for the operation of a truck and semi-trailer storage facility, along with other related industrial uses. The real property is located west of East Beecher Road and approximately .33 miles south of Galena Road in unincorporated Kendall County. PROPERTY BACKGROUND: The subject property is located west of 1255 East Beecher Road in unincorporated Kendall County and consists of one (1) parcel (PIN #02-07- 200-015) totaling ~32.7-acres. There is a 0.95-acre portion of the parcel adjacent to East Beecher Road that is already zoned M-2 Heavy Industrial. The remaining 31.75-acres are zoned A-1 Agricultural with a Special Use Permit. The property has a single access point off East Beecher Road. In the early 1970s, the property operated under a special use permit for gravel mining and an asphalt ready-mix plant. Mining operations ceased later that decade, and since then the property has operated as a Clean Construction and Demolition Debris (CCDD) facility under permits issued by the State of Illinois, which are set to expire in 2030. Memorandum To: Planning and Zoning Commission From: Thian Dim, Planner I CC: Krysti Barksdale-Noble, Community Development Director Bart Olson, City Administrator Sara Mendez, Senior Planner David Hansen, Senior Planner Date: July 8, 2026 Subject: PZC 2026-04 – Kendall County Petition 26-16 (Thomas A Schnabel, Jr. on behalf of Two Star Enterprises, LLC (Petitioner)) - 1.5 Mile Review The property is located approximately 1,000 feet east of Yorkville’s current corporate boundary and more than 2,000 feet west of the City’s eastern boundary (see map below on the left). While the site is not currently contiguous to the City, it directly adjoins land to the south that is included within the approved Project Steel data center development on East Beecher Road. Although the Project Steel entitlement agreements have been approved, they have not yet been recorded pending Prologis’ acquisition of the subject parcels (see map below on right). As a result, the Two Star Enterprises property is not presently contiguous to Yorkville, but it does lie within the City’s 1.5-mile planning jurisdiction. REQUEST SUMMARY / PROPOSED DEVELOPMENT: The petitioner Thomas A Schnabel, Jr. on behalf of Two Star Enterprises, LLC is requesting a map amendment (rezoning) for the 31.75 acres west of 1255 East Beecher Road from A-1 Agricultural District with a Special Use Permit to M-2 Heavy Industrial District. The purpose of the request is for the operation of a truck and semi-trailer storage facility, along with other related industrial uses. Two Star Enterprises, LLC has not provided a site plan for the proposed truck parking/storage facility for the property or given any additional details on future proposed ancillary industrial uses planned for the site. To help evaluate the potential impact of the proposed rezoning and future use of the property, staff has prepared the following table and map below summarizing the adjacent parcels current zoning and future land uses of the surrounding area: Zoning Future Land Use Designation North A-1 Agricultural Special Use (Kendall County) M-1 Limited Manufacturing (Kendall County) Estate/Conservation Residential South A-1 Agricultural Special Use (Kendall County) M-2 General Manufacturing District (Yorkville) (Approved; Not Recorded – Pending Acquisition) General Industrial East M-2 Heavy Industrial (Kendall County) M-3 – Special Use (Kendall County) A-1 Agricultural District (Kendall County) M-2 General Manufacturing District (Yorkville) (Approved; Not Recorded – Pending Acquisition) Estate/Conservation Residential General Industrial West A-1 Agricultural District (Kendall County) M-2 General Manufacturing District (Yorkville) (Approved; Not Recorded – Pending Acquisition) General Industrial CITY COUNCIL DIRECTION REGARDING ANNEXATION As Kendall County considers the petitioner’s request for a Map Amendment to rezone the entire property to M-2 Heavy Industrial, the County asked if the United City of Yorkville intends to annex the property or enter into a pre-annexation agreement. The petitioner has stated that they are not interested in annexing the property into the City. At its June 23, 2026 meeting, the Yorkville City Council discussed the possibility of annexing the property or entering into a pre-annexation agreement. Upon discussion, the City Council determined that it is not interested in annexing the property or entering into a pre-annexation agreement and recommended that the petitioner continue the rezoning request through Kendall County. With the City deciding not to pursue annexation, the property owner would be required to submit a development site plan to Kendall County for review and approval. Kendall County would also oversee the development review process and conduct any required inspections. The City still has the opportunity to provide feedback during the 1.5-mile review process. DEVELOPMENT STANDARDS COMPARISON WITH KENDALL COUNTY Although the City is not interested in annexing the property, the City Council requested that staff compare the City's zoning use classifications, bulk regulations, and site development standards with those of Kendall County. The tables below provide an overview of the applicable M-2 Manufacturing District regulations and general site development standards for the proposed use as outlined in the City's Unified Development Ordinance and the Kendall County Zoning Ordinance. • Yorkville (Permitted Use): Truck, truck-tractor, truck trailer, car trailer, or bus storage yard (excluding motor freight terminals). • Kendall County (Permitted Use): Truck, truck tractor, truck trailer, car trailer, or bus storage yard (excluding truck or motor freight terminal). M-2 Bulk Regulations Regulation Yorkville Kendall County Min. Lot Area No Minimum Lot Area No Minimum Lot Area Min. Lot Width No Minimum Lot Width No Minimum Lot Width Front Yard Setback 25 feet Primary thoroughfares: 50 feet Collector thoroughfare: 40 feet All other streets: 30 feet Exceptions (Sec. 36-875) Rear Yard Setback 0 Feet 40 Feet Side Yard Setback Minimum 10% of lot or Max. 20 feet Minimum 10% of lot or Max. 20 feet Max. Lot Coverage 85% 70% Max. Building Height No Maximum Height No Maximum Height Site Development Standards Standard Yorkville Kendall County Parking No minimum parking requirement. Lot coverage determines impervious surface maximum. Traffic Study may be required based on operation size. No minimum parking requirement. Site plan review requires traffic and parking layout standards be met. Traffic Study may be required by ZPAC or PBZ Committee. Driveway Design Two-way driveways for nonresidential uses shall be a minimum of twenty-five (25) feet and a maximum of thirty-six (36) feet at the property line. One-way driveways for nonresidential uses shall be a minimum of sixteen (16) feet and a maximum of twenty (20) feet at the property line. Driveways for nonresidential uses shall be surfaced with an asphaltic concrete or portland cement pavement. Barrier curbs should be employed for all perimeters of and islands in paved parking lots, as well as for all service drives, loading dock areas, and the equivalent. Relief can be considered in M-2 Districts where barrier curb installation would conflict with drainage requirements. When truck traffic will be present upon the site, the road size and configuration shall be adequate to provide for off-street parking and loading facilities for large vehicles. Parking lots in industrial or commercial areas shall be paved with hot-mix asphalt or concrete surfacing. Landscaping Landscape Plan Required Landscape Zones: Building Foundation, Parking Area Perimeter, Parking Area Interior and Transition Zone. Transition Zone Type D - requires minimum width of 20 feet with 5 understory trees, 5 canopy/evergreen tress and 35 shrubs/native grasses per 100 feet of linear frontage. Landscape Plan Required Landscaping proposed for the development, including new plantings and existing plant material to be preserved, along with an indication of trees to be removed or transplanted. No landscape zones or transition buffers. Screening Trash/Recycling Receptacles - fully screened and landscaped with the proper materials that complement exterior building. Placed on improved surface. Shrubs installed around exterior or enclosure. Roof Mounted Mechanical Units - fully screened from public view with proper materials. Additional screening may be required due to topographic differences in the adjoining properties. Ground/Wall Mounted Mechanical Units fully screened with maximum visibility of 20%. Chain-link fence or slats in chain-link fence shall not be used to meet this requirement. Refuse containers and compactor systems shall be placed on smooth surfaces of non-absorbent material such as concrete or machine-laid asphalt. Mechanical equipment screening. All heating, ventilation and air conditioning equipment shall be screened on sides where they abut residential districts. Screening required when visible or near residential, but not in landscape buffers. Incompatible, unsightly activities are to be screened and buffered from public view. Chain-link with slats prohibited. Fencing Maximum fence height of eight (8) feet. Solid/semi-solid fences max height of eight (8) feet. Outdoor Lighting Photometric Plan required. Light intensity, maximum light level at property line (zero foot candles) mounting, and fixture (full cut-off required) standards. Maximum pole height of 35 feet Automatic lighting controls Lighting. The height and shielding of lighting fixtures shall provide proper lighting without hazard to motorists on adjacent roadways or nuisance to adjacent residents by extending onto adjacent property. Cut-off lighting should be used in most locations, with fixtures designed so that the bulb/light source is not visible from general side view. Façade Appearance Masonry product or precast concrete of at least 50% of total building with front facade incorporating at least 50% of such products. Proportional building components Logical and pedestrian-friendly parking placement. Clearly defined entryways Additional Façade Standards to increase compatibility with surrounding area and reduce blank walls / mass of structure. The proposed site plan design shall provide a desirable environment for its occupants and visitors as well as its neighbors through aesthetic use of materials, textures and colors that will remain appealing and will retain a reasonably adequate level of maintenance. Appropriate building scale for the overall area. Avoid monotonous design by adding balanced visual variety. Performance Title 35 of the Illinois Administrative Code and administered by the Illinois Pollution Control Board. Compliance of 2024 IL Energy Code. Title 35 of the Illinois Administrative Code and administered by the Illinois Pollution Control Board. Noise Noise Ordinance – Daytime (between 7 a.m. and 10 p.m.) 60-67 DBA ; Nighttime (10 p.m. to 7 a.m.) 50-67 DBA. Tonal noise subtract 10 DBA (57 DBA). Construction noise – 7 a.m. between 7 p.m. exempted (Monday through Saturday). Sunday – construction activity prohibited unless homeowner. Noise Control Ordinance – Daytime (between 7 a.m. and 10 p.m.) 60 DBA ; Nighttime (10 p.m. to 7 a.m.) 55 DBA. Construction noise – 7 a.m. and 8 p.m. exempted from standards. Construction activity allowed Monday through Sunday. As summarized in the tables above, Yorkville and Kendall County maintain generally similar bulk regulations and site development standards for industrial uses. The primary differences relate to setbacks, maximum lot coverage, driveway design, landscaping, outdoor lighting, façade appearance, and noise requirements. Overall, the development standards are generally comparable regardless of whether the property is developed within Yorkville or unincorporated Kendall County. However, Kendall County maintains more restrictive standards for setbacks and lot coverage, while Yorkville has more stringent requirements for driveway design, landscaping, outdoor lighting, façade appearance and noise. 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. This land use designation has also been used as a holding category for parcels not likely to develop within the 10-year horizon of the Comprehensive Plan’s timeline. Additionally, the Comprehensive Plan also states, “while the land use map should guide future land use and development and zoning decisions, it is also meant to be adjusted and changed when circumstances warrant a change in planning direction in a given area of the City.” Although the proposed M-2 zoning is not consistent with Yorkville's Comprehensive Plan Future Land Use Map, it is consistent with Kendall County's adopted future land use ordinances including the County's Land Resource Management Plan and draft Comprehensive Plan. Regardless of whether the property is developed within the City limits or remains in unincorporated Kendall County, it is located within the City's Comprehensive Plan Planning Area. As such, if the property is rezoned to the M-2 zoning district it would necessitate a Comprehensive Plan amendment. Specifically, the property's future land use designation would need to be changed from "Estate/Conservation Residential (ECR)" to "General Industrial (GI)" to ensure consistency with the proposed zoning and intended use. STAFF COMMENTS Given the recent rezoning and development activity in the area, which includes the Project Steel Data Center Campus to the south, west, and east, the Project Cardinal Data Center Campus north of Galena Road, and nearby properties that are historically and currently used for industrial purposes, the proposed rezoning request aligns with recent industrial land use trends. Although the request is not consistent with the City’s Comprehensive Plan, staff finds that it aligns with current rezoning and development trends in the surrounding area. In addition, whether the site develops in Yorkville or Kendall County, staff recommends a Transition Zone Type D landscape buffer along the shared boundary of the Project Steel development. 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 City Council on July 14, 2026. This item was delivered to the City on May 27, 2026. PROPOSED MOTION In consideration of the proposed mile and one-half review of Kendall County Petition 26-16 by Thomas A Schnabel Jr., on behalf of Two Star Enterprises, LLC (Petitioner), seeking a map amendment for 31.75+/- acres (PIN #02-07-200-015) located immediately west of 1255 East Beecher Road and approximately 0.33 miles south of Galena Road, from A-1 Agricultural District with a Special Use Permit to M-2 Heavy Industrial District, the Planning and Zoning Commission recommends to the City Council to (object or not to object) to the request. ATTACHMENTS 1. Application with Attachments a. Kendall County Petition 26-16 Map Amendment Rezoning request ZPAC staff memo dated May 27, 2026. ZPAC Memo – Prepared by Margaret Mizera – May 27, 2026 Page 1 of 4 DEPARTMENT OF PLANNING, BUILDING & ZONING 504 South Main Street • Yorkville, IL • 60560 (630) 553-4141 Fax (630) 553-4179 Petition 26-16 Thomas A. Schnabel, Jr. on behalf of Two Star Enterprises, LLC Map Amendment Rezoning Property from A-1 SU to M-2 INTRODUCTION The Petitioner is requesting a map amendment rezoning approximately thirty-one point seven five (31.75) acres around 1255 East Beecher Road, Bristol from A-1 Agricultural District with a Special Use Permit to M-2 Heavy Industrial District for truck and semi-trailer storage and other related industrial uses. Approximately zero point nine five (0.95) acres of the property is already zoned M-2 Heavy Industrial. The property is currently used as a site for clean construction and demolition debris (CCDD). Plans exist to convert the property to an industrial park after the State permit for the CCDD expires in 2030. The property was used for gravel mining in the early 1970s and had a special use permit for this use and for an asphalt redimix plant. The application materials are included as Attachment 1. The plat of survey is included as Attachment 2. The zoning arial is included as Attachment 3. SITE INFORMATION PETITIONER Thomas A. Schnabel, Jr. on behalf of Two Star Enterprises, LLC ADDRESS West of 1255 East Beecher Road, Bristol LOCATION West Side of East Beecher Road Approximately 0.33 Miles South of Galena Rd. TOWNSHIP Bristol ZPAC Memo – Prepared by Margaret Mizera – May 27, 2026 Page 2 of 4 PARCEL 02-07-200-015 LOT SIZE 32.7 +/- Acres-Total Proposed Rezoned Area; 31.75 +/- Proposed Rezoning Area EXISTING LAND USE Clean Construction and Demolition Debris Facility ZONING A-1 SU and M-2 LRMP Current Land Use Improved Commercial Future Land Use Mixed Use Business (County) Estate/Conservation Residential (1 - 6 Du/Acre) (Yorkville) Roads East Beecher Road is a local road maintained by Bristol Township. Trails None Floodplain/ Wetlands Two (2) wetlands are located on the property. REQUESTED ACTION Map Amendment Rezoning Property from A-1 SU to M-2 APPLICABLE REGULATIONS Section 36-42 – Amendments SURROUNDING LAND USE Location Adjacent Land Use Adjacent Zoning Land Resource Management Plan Zoning within ½ Mile North Industrial and pond M-1 and A-1 SU Mixed Use Business (County) Estate/Conservation Residential (Yorkville) A-1 and A-1 SU (County) R-3 (Yorkville) South Agricultural A-1 and A-1 SU Mixed Use Business (County) Estate/Conservation Residential (Yorkville) A-1 and A-1 SU East Industrial M-2 and M-3 SU Mixed Use Business/ Suburban Residential (County) Estate/Conservation Residential (Yorkville) M-3 SU and R-3 (County) A-1, A-1 SU, and R-2 (Yorkville) West ComEd ROW A-1 Mixed Use Business (County) Estate/Conservation Residential (Yorkville) A-1 and A-1 SU (County) M-3 and R-3 (Yorkville) The A-1 SU to the north and south are for gravel mining. The M-3 SU to the east is for an asphalt plant. The ZPAC Memo – Prepared by Margaret Mizera – May 27, 2026 Page 3 of 4 property to the west had a special use permit for an asphalt plant and gravel mining which was voluntarily revoked in 2017. PHYSICAL DATA ENDANGERED SPECIES REPORT EcoCAT submitted on May 26, 2026, and consultation was terminated (see Attachment 1, Page 13- 16). NATURAL RESOURCES INVENTORY NRI application submitted on May 14, 2026 (see Attachment 1, Page 12). ACTION SUMMARY UNITED CITY OF YORKVILLE The United City of Yorkville was emailed information on May 27, 2026. Prior to application submittal, Yorkville was in contact with the applicant and evaluating annexation (see Attachment 4). It should be noted that data centers are planned in the vicinity of the property. BRISTOL TOWNSHIP Bristol Township was emailed information on May 27, 2026. BRISTOL-KENDALL FIRE PROTECTION DISTRICT The Bristol-Kendall Fire Protection District was emailed information on May 27, 2026. GENERAL INFORMATION The Petitioner desires to rezone the subject property in order to have industrial operations in the future, including a truck and semi parking area (See Attachment 1, page 3). BUILDING CODES Any structures would be required to meet applicable building codes. UTILITIES Per the plat of survey (see Attachment 2) there is a stormwater drain onsite channeling water to the property to the north. There are no other utilities onsite. ACCESS The property fronts East Beecher Road. The proposal has been sent to Bristol Township for review. PARKING AND INTERNAL TRAFFIC CIRCULATION Any new driveways constructed would be for industrial purposes. Any new driveways would have to meet applicable regulations and secure proper permits. ODORS Odors would have to be evaluated as part of the site plan review process. LIGHTING Any new lighting would be for industrial use only and would be evaluated as part of the site plan review process. LANDSCAPING AND SCREENING Any fencing, landscaping, or screening would be for industrial purposes and would be evaluated as part of the site plan review process. SIGNAGE Any signage would be for industrial uses and would have to be evaluated as part of the site plan review process. ZPAC Memo – Prepared by Margaret Mizera – May 27, 2026 Page 4 of 4 NOISE CONTROL Noise would have to be evaluated as part of the site plan review process. STORMWATER Stormwater controls would have to be evaluated as part of the site plan review process, depending on the use and amount of new impervious surface.. FINDINGS OF FACT §36-42 (f) 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 map amendment applications. They are listed below in italics. Staff has provided findings in bold below based on the recommendation: Existing uses of property within the general area of the property in question. The surrounding properties are used for agricultural, industrial, and other business purposes. The Zoning classification of property within the general area of the property in question. The surrounding properties are zoned M-3 SU, A-1, and A-1 SU in the County and R-3 inside Yorkville. The special use permits are for gravel mining and an asphalt plant. The suitability of the property in question for the uses permitted under the existing zoning classification. The property is presently mostly zoned A-1 with the east side zoned M-2. A portion of the property was previously used as a gravel mining and asphalt and redimix plant. The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the day the property in question was in its present zoning classification. The Zoning Board of Appeals shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and is not solely for the interest of the applicant. The Zoning Board of Appeals may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of th is paragraph the R-1 District shall be considered the highest classification and the M-2 District shall be considered the lowest classification. The trend of development in the area is a mix of agricultural uses and light industrial uses found in rural settings. Consistency with the purpose and objectives of the Land Resource Management Plan and other adopted County or municipal plans and policies. The Future Land Use Map in the Land Resource Management Plan classifies this property as Mixed Use Business. The M-2 zoning is consistent with the Mixed Use Business classification. The proposed future land use map classifies this property as Industrial. RECOMMENDATION Staff recommends approval of the proposed map amendment because the proposal is consistent with the Land Resource Management Plan and the proposed County Comprehensive Plan. ATTACHMENTS 1. Application Materials 2. Plat of Survey 3. Zoning Arial 4. Yorkville Emails 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 2 Attachment 3 Attachment 4, Page 1 Attachment 4, Page 2 Attachment 4, Page 3