HomeMy WebLinkAboutPlanning and Zoning Commission Packet 2026 08-12-26
PLANNING AND ZONING
COMMISSION AGENDA
Wednesday, August 12, 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: July 8, 2026
Citizen’s Comments
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Public Hearings
1. PZC 2026-06 103 Strawberry Lane, Daniel Freidel, petitioner, has filed an application with the
United City of Yorkville, Kendall County, Illinois, requesting a bulk regulation variance to Section
10-3-9 of the Unified Development Ordinance, seeking to reduce the required minimum rear yard
setback from forty (40) feet to fourteen (14) feet for a parcel located at 103 Strawberry Ln. The
variance is being requested to allow construction of a bedroom addition, garage addition, and a
screened porch addition to their existing residence. The real property, zoned R-2 Single Family
Traditional Residence District, is located near the northeast corner of the Conover Court and
Strawberry Lane intersection.
2. PZC 2026-08 Solar Farm Decommissioning Bonds, United City of Yorkville, petitioner, proposes
to amend Title 10, Chapter 4 Use Standards, Section 13 Alternative Energy Use Standards of the
United City of Yorkville’s Unified Development Ordinance (UDO) to revise and clarify the type and
term of the required financial assurance needed to properly secure future decommissioning of solar
panels on solar farm developments.
Unfinished Business
New Business
1. PZC 2026-06 103 Strawberry Lane, Daniel Freidel, petitioner, has filed an application with the
United City of Yorkville, Kendall County, Illinois, requesting a bulk regulation variance to Section
10-3-9 of the Unified Development Ordinance, seeking to reduce the required minimum rear yard
setback from forty (40) feet to fourteen (14) feet for a parcel located at 103 Strawberry Ln. The
variance is being requested to allow construction of a bedroom addition, garage addition, and a
screened porch addition to their existing residence. The real property, zoned R-2 Single Family
Traditional Residence District, is located near the northeast corner of the Conover Court and
Strawberry Lane intersection.
Action Item
Variance
United City of Yorkville
651 Prairie Pointe Drive
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
2. PZC 2026-08 Solar Farm Decommissioning Bonds, United City of Yorkville, petitioner, proposes
to amend Title 10, Chapter 4 Use Standards, Section 13 Alternative Energy Use Standards of the
United City of Yorkville’s Unified Development Ordinance (UDO) to revise and clarify the type and
term of the required financial assurance needed to properly secure future decommissioning of solar
panels on solar farm developments.
Action Item
Text Amendment
Additional Business
1. City Council Action Updates
Adjournment
DRAFT
Page 1 of 4
PLANNING & ZONING COMMISSION
City Council Chambers
651 Prairie Pointe Drive, Yorkville, IL
Wednesday, July 8, 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
Chad Green-yes, Richard Vinyard-yes, Danny Williams-yes, Ryan Forristall-yes, Michael
Crouch-yes
Absent: Marge Linnane, Wally Werderich
City Staff
Krysti Barksdale-Noble, Community Development Director
Sara Mendez, Senior Planner
David Hansen, Senior Planner
Thian Dim, Planner 1
Kathleen Orr, City Attorney
Lynn Dubajic Kellogg, City Consultant
Katelyn Gregory, Economic Development Coordinator
John Burner, Administrative Intern
Drea Sandoval, Intern
Other Guests
Chris Vitosh, Vitosh Reporting Service Matt McCarron, Pioneer
Dave Silverman, Pioneer Toni Wolgast, Kylyn's Ridge
Martha Ford Caroline McCree
John Phillipchuck, Attorney Mark Martin
Leesa Poss Greg Slack
Keith Landovitz Chuck Kasper
Shannon Wolowicz, Grande Reserve Tom Gardioren, Yorkville Attorney
Via Zoom: Butch, Freddiemom, Jen Rakas, April Neal, Debra Baumgartner, Christina G., Phillip
Marshall, Tiffany, John, “M”
Previous Meeting Minutes June 10, 2026
Motion by Mr. Williams and second by Mr. Crouch to approve the minutes as presented. Roll
call: Vinyard-yes, Williams-yes, Forristall-yes, Crouch-yes, Green-yes. Carried 5-0.
Citizen’s Comments None
Public Hearings
Chairman Vinyard explained the procedure to be followed and the taking of testimony. He
swore in those who would speak and also made a statement about decorum and order for the
meeting.
Page 2 of 4
Chairman Vinyard entertained a motion to open the Hearing PZC 2026-05 Pioneer Development,
LLC. At 7:04pm it was moved and seconded by Mr. Williams and Mr Crouch, respectively and
the Public Hearing was opened. Roll call: Vinyard-yes, Williams-yes, Forristall-yes, Crouch-
yes, Green-yes. Carried 5-0.
The Public Hearing description was read by Chairman Vinyard:
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.
(See Court Reporter's transcript of Public Hearing)
The Public Hearing was closed at approximately 7:38pm on a motion by Mr. Williams and
second by Mr. Crouch. Roll call: Williams-yes, Forristall-yes, Crouch-yes, Green-yes,
Vinyard-yes. Carried 5-0.
Unfinished Business None
New Business:
1. PZC 2026-04 Kendall County Petition 26-16, Thomas 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.
Ms. Thian Dim presented the information for the 1.5 Mile Review of this petition requested in
May by Kendall County. Petitioner Tom Schnabel is seeking a map amendment (rezoning) for a
31.75 acre property, from A-1 to M-2 to be used as a truck and semi-trailer storage facility. She
said the property had a history of industrial use as well as mining and asphalt and is currently
being used as a demolition site under permits set to expire in 2030.
The property is located 1,000 feet east of the city limits and borders part of the Project Steel
property. The Project Steel property is not yet recorded and the subject property is not
contiguous to Yorkville.
Ms. Dim said the surrounding property is a mix of industrial and ag in Kendall County. The
petitioner is not interested in annexing into the city and the city has stated it will not pursue an
annexation agreement and advised the petitioner to rezone through Kendall County. Staff also
prepared a comparison of standards of the county and city. They also reviewed future land uses
and said the Comp Plan will need to be amended since the M-2 zoning is not consistent with the
city Comp Plan, though it is consistent with the general industrial trends in the area. They also
recommend type D landscaping.
Page 3 of 4
Ms. Dim shared comments from the previous night's EDC meeting which included concern for
enforcement of noise and also for traffic. Staff recommends that if PZC does not object to this
petition, conditions could be added to the motion for Kendall County to work on these concerns.
Ms. Dim also noted that the petitioner's attorney, Mr. John Phillipchuck, was present. This
petition will move forward to City Council on July 14th.
Attorney John Phillipchuck said the city intends to annex the property adjacent and noted the
industrial development is trending in the area. He said the standards are similar but the county is
stricter. He said this is a great use for the property and he said the city has no utilities in the area
currently so there is no need to annex. He wants to proceed with the M-2 zoning and asked the
PZC to not object. Mr. Williams asked if the client would have any issues with what the city has
presented regarding the buffers, etc. and the attorney said they will review.
Action Item
1.5 Mile Review
Chairman Vinyard entertained a motion to approve PZC 2026-04 Kendall County Petition 26-16
1.5 Mile Review. Commissioners Williams and Green moved and seconded, respectively.
Motion: Mr. Williams read as follows: 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 not object with
the condition that Kendall County works cooperatively with the United City of Yorkville on
enforcing noise and traffic regulations to the subject property, and that the Transition Zone Type
D landscape buffer is applied along the shared boundary of the Project Steel development) to the
request.
Roll call: Forristall-yes, Crouch-yes, Green-yes, Vinyard-yes, Williams-yes. Carried 5-0.
2. PZC 2026-05 Pioneer Development, LLC (see full description in Public Hearing #1)
Ms. Noble said this request came from a settlement agreement with the city, applicant of this
request and a resident residing in unincorporated Kendall County. The phasing was changed as a
result of this agreement. All entitlement documents will remain the same and the development
will change from a counter-clockwise order to clockwise with no change in design. Certain
threshholds will be upheld and the standards do not need to be re-evaluated. The July 9th findings
of the PZC remain applicable and valid.
Commissioner Crouch commented that he was pleased to see suggestions he had made, were
included in the agreement. He agreed with the comment that this represented an improvement
and that the people who live in the area were heard.
Action Item
PUD Amendment
Chairman Vinyard asked for a motion to approve PZC 2026-05 Pioneer Development, LLC,
petitioner, for a Major Amendment to an existing Planned Unit Development (PUD) to update the
approved Phasing Plan for an approximately 1,037-acre data center campus referred to as Project
Cardinal. So moved by Mr. Williams and second by Mr. Crouch. Motion read by Mr. Williams:
In consideration of testimony presented during a Public Hearing on July 8, 2026, the Planning
Page 4 of 4
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.
Roll call: Forristall-yes, Crouch-yes, Green-yes, Vinyard-yes, Williams-yes. Carried 5-0.
Additional Business
1. City Council Action Updates - none
Chairman Vinyard also noted the passing of former PZC Commissioner and City Council
Alderman Seaver Tarulis.
Adjournment
There was no further business and the meeting was adjourned at 7:57pm on a motion by Mr.
Williams and second by Mr. Crouch. Unanimous voice vote approval.
Respectfully submitted by Marlys Young, Minute Taker
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PZC - Public Hearing - July 8, 2026
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UNITED CITY OF YORKVILLE
YORKVILLE, ILLINOIS
PLANNING AND ZONING COMMISSION
PUBLIC HEARING
651 Prairie Pointe Drive
Yorkville, Illinois
Wednesday, July 8 , 2026
7 :00 p .m .
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PZC - Public Hearing - July 8, 2026
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PRESENT:
Mr. Rich Vinyard, Chairman;
Mr. Danny Williams, Commissioner;
Mr. Ryan Forristall, Commissioner;
Mr. Chad Green, Commissioner;
Mr. Michael Crouch, 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.
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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.
SILVERMAN, MAHONEY & CROSS, LLC
BY: MR. DAVID SILVERMAN,
822 Infantry Drive, Suite 100
Joliet, Illinois 60435
(815) 730-9500
appeared on behalf of the Applicant.
- - - - -
Reported by: Christine M . Vitosh
Illinois CSR No. 084-002883
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INDEX
WITNESS:PAGE:
DAVID SILVERMAN 9
CHUCK KASPER 12
KEITH LANDOVITZ 14
GREGORY SLAGER 30
CAROLINE McCREE 33
DEBRA BAUMGARTNER 35
KRISTINA GORDON 37
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(WHEREUPON, the following
proceedings were had in public
hearing, commencing at 7 :02 p .m .
as follows:)
CHAIRMAN VINYARD: There is one public
hearing scheduled f or tonight's Planning and
Zoning Commission meeting. The purpose of these
hearings is to invite testimony from members of
the public regarding the proposed request that is
being considered before this commission tonight.
Public testimony from persons
present who wish to speak may be for or against
the request or to ask questions of the petitioner
regarding the request being heard.
Once all public hearings on
tonight's agenda are closed, the Commission will
deliberate and vote on the recommendation to the
City Council for each of the matter that was
subject of the hearing.
Persons wishing to testify are asked
to speak clearly, one at a time. State your name
and who you represent, if anyone. You are also
asked to sign in at the podium.
If you plan to speak during
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tonight's public hearing as a petitioner or as
member of the public, please stand and raise your
right hand and repeat after me.
Those folks on Zoom that wish to
speak tonight, you will also have to take an oath
of office. If you could just simply click your
hand raising on there, we will consider you
sworn.
(Witnesses sworn.)
CHAIRMAN VINYARD: Thank you. You guys
may be seated. All right. So before we begin, I
will just go over some ground rules.
I would like to review a few rules
to ensure an orderly and productive hearing.
When speaking, please make comments focused on
the matters at hand. Avoid personal attacks,
unrelated topics or repetitive points already
made.
As Chairman I may limit repetitive
remarks or redirect speakers to stay on topic.
Any member of the public who repeatedly disrupts
or interrupts any of tonight's hearing may be
asked to leave the chambers.
We ask that audience members remain
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silent during tonight's hearing unless they are
speaking at the podium.
The court reporter must record
tonight's testimony, and cooperation from the
audience will make her job easier and the
transcript of those hearings more accurate.
Commission members may ask
clarifying questions at any time and the public
may direct relevant questions to the petitioner
either through myself or through direct
cross-examination. Likewise, the petitioner may
respond to the public comments that have been
heard.
I will formally close the public
comment period, after which the commissioners
will deliberate and vote.
Thank you for your cooperation.
All right. So the order of
receiving testimony will be as follows: We will
do the petitioner's presentation and those who
wish to speak in favor or opposition of the
request.
So may I have a motion to open the
public hearing on Petition number PZC 2026-0 5 ,
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Pioneer Development, Project Cardinal Data
Center, major amendment to a PUD?
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER CROUCH: Second.
CHAIRMAN VINYARD: Can I have a roll
call vote on the motion, please?
MS. YOUNG: Yes. Vinyard.
CHAIRMAN VINYARD: Yes.
MS. YOUNG: Williams.
COMMISSIONER WILLIAMS: Yes.
MS. YOUNG: Forristall.
COMMISSIONER FORRISTALL: Yes.
MS. YOUNG: Crouch.
COMMISSIONER CROUCH: Yes.
MS. YOUNG: And Green.
COMMISSIONER GREEN: Yes.
CHAIRMAN VINYARD: Great. PZC 2026-0 5 ,
Pioneer Development, LLC, petitioner, has
submitted an application to the United City of
Yorkville, Kendall County, Illinois, for special
use authorization for a major amendment to an
existing planned unit development to update the
approved phasing plan for an approximately
1 ,037-acre data center campus referred to as
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Project Cardinal.
Is the petitioner present, prepared
to make their presentation?
MR. SILVERMAN: Yes, we are.
CHAIRMAN VINYARD: Very good, sir.
DAVID SILVERMAN,
having been first duly sworn, testified before
the Planning and Zoning Commission as follows:
MR. SILVERMAN: Good evening,
Mr. Chairman, members of the Commission, City
staff. My name is David Silverman, I am an
attorney with the law firm Mahoney, Silverman &
Cross. With me tonight is Mr. Matt McCarron.
I am the attorney for the project
and Matt is here as a representative of the
developer, Pioneer Development.
We were back some -- we were here
some months ago where we went through the
original planned unit development, and since then
things have changed just a little bit.
As you may be aware, there was a
lawsuit filed in this -- in this case and we've
had a number of discussions with both the
plaintiff in the lawsuit, City staff and the
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City's attorneys, and we came to what we think is
a pretty -- a pretty good solution to some of the
problems that were expressed here and at the City
Council by people living just west of the
project.
And so basically what we are going
to do is reorder the phasing of the project, and
that's what we're here for tonight, is to discuss
a new phasing plan, so that the phasing will
start out on the northeast portion of the
project, move to the southeast portion, and then
the last portion of the project to get developed
with data center buildings will be Phase III, so
you should know that -- yeah, there we go.
So Phase I there is kind of the top
right, Phase II is the larger section towards the
bottom along Galena Road, and then Phase III is
the western section.
So what the amendment to the PUD
would do is to set forth how the phasing will now
be ordered. It will allow certain improvements
to start in Phase III once 8 0 -- about 90 percent
of the building shells in Phase I and II are
completed, or seven years after the effective
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date of the agreement, whichever comes first.
The developer is also entitled to in
Phase III do some infrastructure work, some earth
work, some electrical utilities, construct the
pedestrian or multi-use path around the project,
construct the roads that need to be constructed.
Those will all occur right upfront,
but the shells for the actual data center
buildings will not be built there until either
the seven-year period or when it's 90 percent --
I think it's 90 percent, correct?
MR. McCARRON: Correct.
MR. SILVERMAN: 90 percent of Phase I
and II are built out as buildings.
So we think it's a good solution.
The City is on board with it I think. The City
Council reviewed and approved the settlement
agreement at their last meeting, and this was
something that we heard from the neighbors, that
they would like to see that area develop as the
last portion of the project.
We expressed to you folks at the
time that we had some problems with ComEd because
that's where they're going to be, but we found a
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solution to that problem through this agreement
where we can work on the ComEd issues upfront,
just not the data center buildings.
So I think that's a pretty good
overview of what our request is, and Matt and I
are here to answer any questions that you may
have.
CHAIRMAN VINYARD: Very good. Thank
you. You guys can be seated.
MR. SILVERMAN: Thank you.
CHAIRMAN VINYARD: Is there anyone
present who wishes to speak in favor or
opposition of this? This is your time to speak.
MR. KASPER: Can we ask questions?
CHAIRMAN VINYARD: Yeah. Do you have a
question?
MR. KASPER: Yes.
CHAIRMAN VINYARD: Please. Go ahead.
Go over -- I 'm sorry, yeah. State your name for
us, too.
CHUCK KASPER,
having been first duly sworn, testified before
the Planning and Zoning Commission as follows:
MR. KASPER: Chuck Kasper. I am the
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one, or one of the ones affected to the west. I
can't see that that good, but it looks like
Phase I is on the upper right. Isn't upper
left -- is this -- Isn't upper left northeast?
COMMISSIONER CROUCH: No.
CHAIRMAN VINYARD: Upper right is.
MR. KASPER: Okay. I 'm backwards. So
my question is what determines when a phase is
done? Is it 90 percent of the building's built?
Is it if -- what gives them the green light to go
to Phase II and who okays that with the City
saying yeah, you're far enough along on Phase I ,
how do we go to Phase II?
CHAIRMAN VINYARD: Would you like to
answer that, Krysti, or --
MR. SILVERMAN: Happy to answer that.
Thank you.
CHAIRMAN VINYARD: Thank you.
MR. SILVERMAN: So I misspoke earlier.
So what we have is when 90 percent of the
building shells are completed in Phase I and
Phase II, then we can move to Phase III.
CHAIRMAN VINYARD: Okay.
MR. SILVERMAN: Upon -- when I say
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completed, a temporary occupancy permit has been
issued, that's the exact language that will be
used, or 72 months -- I said seven years, and I
apologize. It's 72 months after this agreement
gets approved we can move into Phase III at that
point, whether the 90 percent is complete or not.
I apologize for that misstatement.
CHAIRMAN VINYARD: It's okay. Does that
answer your question, sir? Very good. Anyone
else like to speak?
MR. LANDOVITZ: Good evening. Keith
Landovitz, and I have signed the register.
CHAIRMAN VINYARD: Thanks.
KEITH LANDOVITZ,
having been first duly sworn, testified before
the Planning and Zoning Commission as follows:
MR. LANDOVITZ: So forgive me, please,
the format or protocol of combining the functions
of the municipal Plan Commission and Zoning Board
of Appeals is a bit alien to me; I am more
familiar with those being separate.
I mention that because of this thing
about speaking for or against, so part of what I
am going to say is testimony with respect to
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findings of fact that a zoning board of appeals
would make and part of it is public comment, and
with -- in terms of the findings of fact I note
in the staff report the comment that the findings
of fact previously made were still considered
operative because this is just changing the
phasing, and I gather that was not deemed
material to -- to the findings of fact and to the
standards listed in the Unified Development
Ordinance.
I will go on record as disagreeing
with that perspective, and I will give both as a
matter of testimony and also as opinion some
comments concerning that.
I think just covering first what is
testimony, I just want to put into the record --
and let me just make sure I 'm getting my facts
right here -- I think the United States
Department of Energy Order 2 0 2 -26-23, which is
effective May 17, 2026, is material to the
standards.
This order is directed specifically
to the PJM interconnection, the regional
transmission operator of which ComEd, our local
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electric provider, is a member, and this order
basically gives PJM -- or the members of P J --
you know, PJM, it allows PJM to give instructions
and amend the operating protocols of its members
the right, and perhaps arguably the
responsibility, specifically to switch large data
center -- large -- large load data center
customers.
That's my own wording, I don't
have -- I have the order in front of me here, but
I 'm not going to read through it to get you the
exact wording, but you know what I mean. It's
the large load customers as data centers with
their backup generating power. It gives them the
authority in conditions of stress on the
electrical grid to switch to the generators
rather than trying to run -- just continue
running on the grid when the grid would
potentially be in jeopardy.
The alternative to that would be the
utility having to do something like rolling
blackouts or brownouts.
Now, this is important I think
because on information and belief the sound
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study -- and I appreciate all the work that went
into the sound studies, and I know all the
Yorkville -- the city staff and officials were
very careful about that and I think that was
great.
But as I recall, again, on my
information and belief here, the studies did not
cover an emergency scenario, so there were
scenarios -- there was a scenario of running a
normal grid electricity model, there was a
standard of routine -- there was a modeling of
the routine generator testing, right, and that
was found not to breach the noise limits, right,
and that was great to do that for -- knowing that
generator testing is a routine part of the
facility operation, that was a prudent thing to
do, to include that in the models, but on my
information and belief the models did not include
100 percent all -- the gener -- you are all on
generator power, and the rationale as I recall
given for that was at the time running on the
backup generators, fully on the backup
generators, not testing, not, you know, one piece
of equipment, one transformer or whatever got
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knocked out, but like a blackout scenario, at the
time that was regarded as like a force majeure or
act of God. You know, something that would very
rarely happen.
In light of the Department of
Energy's order -- and there is context to this in
terms of what's been happening with PJM and them
really addressing this kind of a crisis
situation, we call it I think a critical issue
fast path is kind of the bureaucratic name for
a -- you know, a crisis response, this issue of
data center loads is really challenging the
engineering measures for making the electrical
grid reliable, so the ISOs and RTOs, right, which
are the umbrella, those are the higher level
organizations besides the utilities like ComEd,
and then ComEd, they are all working on, in
response to that crisis, protocols for dealing
with these situations of excessive load.
So, again, in light of this being --
I would argue that in light of this order running
on full generator power needs to be considered an
operationally normal -- I 'm not sure what the
right word to use is -- I mean, it's certainly
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not an everyday thing, although I think I have
already seen news reports about ComEd phasing
challenges with load under -- you know, with the
heat wave we just had, but it is -- it's not --
it is no longer a force majeure or act of God
type of situation, right, in light of this, it is
a defined operational situation to which
utilities are expected to have a responsive
protocol, and part of that protocol is switching
large load customers with backup generation
capability onto that backup capability, so I
think that for -- for finding -- for making
findings with respect to the standards for a
special use for a planned unit development, that
this scenario needs to be considered and
incorporated in the models, right, and the
relevant standards would be, you know, certainly
public health, safety, morals, comfort and
general welfare is relevant, use and enjoyment of
adjacent properties is relevant.
An important point, I think normal
development, normal and orderly development, is
also relevant because I note that in the
adjacent -- and this is to the west -- in the
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adjacent -- it's zoned -- it's Kendall County,
but it's R PD-1 Rural -- it's called Rural Planned
Development, residential subdivision, the Estates
at Legacy Farms subdivision, there are unimproved
lots there, so improvement of those lots is
potentially affected by assurance of a situation
of nuisance not being created, and, therefore, I
would propose that this matter is relevant to the
standards.
Beyond that, in -- just trying to
think of -- do this in the most logical order.
We talked about the unimproved -- I guess one
other thing. I will do this as testimony.
I know with these public hearings, I
know that the standard -- the evidentiary -- the
rules of evidence are, you know, it's quasi
judicial, it's not the -- it's not, you know,
judicial rules of civil procedure, but the -- so
this is -- I 'm not -- First of all, I 'm not
requesting status of an expert witness, I am not
an expert, and this is also a hypothetical, so
it's something that maybe doesn't meet rules of
civil procedure evidentiary standards, but I
think is appropriate here, you know, so speaking
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in the hypothetical, speaking from personal,
again, I 'm testifying under oath here, if I 'm
going to buy an unimproved lot either as an
investment or to improve it with the intent of
using the improved lot as zoned, I 'm -- I would
absolutely consider the zoning and permitted uses
of adjacent properties and I would have concerns
about what I 'm seeing here.
So from that perspective I can say
flatly speaking as one person that a potential,
again, hypothetical normal and orderly
development according to the existing zoning and
agree -- you know, approved subdivision and
planned development plan of a specific
residential planned development would be affected
by the proposed special use. So that's -- that's
my testimony.
So turning now to really what's
really more public comment, the -- of course I 'm
not going to say anything untrue, right, not
having to be sworn for public comment, I 'm still
sworn and I 'm going to -- everything I say is
going to be true as far as I know it, some of it
is obviously opinion.
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First of all, I was one of the
people who pushed very hard for a change in the
phasing. The original phasing of this
development was to start in the west, to proceed
then to the northeast, and to go finally to the
southwest.
I felt that disproportionately
affected people living in these rural
developments; that includes both the people in
the planned unit development in Yorkville and
also my property.
I 'm not part of -- I don't live in
the subdivision, I live just south of that. My
property is not part of a PUD, but it's also --
it's not A -1 , it's R -1 , you know, for Kendall
County.
I felt that the phasing
disproportionately affected people with rural --
estate rural residential zoning and that those
people stood more to lose from having an adjacent
development, that there was greater
incompatibility.
I appreciate that there is
residential development in the City of Yorkville
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also to the east, but I think that the
sensitivity to this type of development is
greater -- again, and this is a matter of
opinion, I am not an expert witness, but the
sensitivity is greater for owners of and users of
rural residential properties just because of the
nature of those properties and what people who
buy and choose to live in those properties, what
they consider to be important to them, so for
those reasons I advocated for a change in the
phasing.
The change finally agreed was to
start in the northeast, right, then do the west,
then go to the southeast.
The reason given for keeping the
southeast later as I recall was wanting to keep
that open for possible commercial development in
the Route 47 corridor, which seemed right from a
planning and zoning and economic development
perspective. That seemed very reasonable to me.
It was contrary to my personal
interests, but I wasn't inclined at the time to
push further to change that; I felt the original
rephasing was an improvement over the original
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phasing and left it there.
So now, as you might imagine, I
consider the second change in the phasing a
further improvement. It's really what I would
have liked to see originally with the part to the
west being developed last, but -- so in that
sense I am in favor of the amendment to the PUD
agreement to enable that and fulfill the terms of
the settlement of the legal action.
At the same time, you know, I think
if there is -- if we are, you know, amending the
PUD, there are potentially other -- PUD
agreement, there are potentially other things
that could be done.
I 'm not going to -- you know, I
don't think this is the appropriate time to
discuss that, but I -- you know, better and --
better, best and perfect are all different
things, right?
This is certainly better, it is
better than before. It is probably not best, I
could probably envision other things, right, at
the most extreme, including simply not developing
the portion to the west, but, again, that's a
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separate conversation, but there are probably
options that are still better and would approach
what I might call best, and, of course, perfect
is perhaps not anywhere in this world.
So in that -- again, in that sense I
am in favor of this amendment and I 'm probably in
favor of other hypothetical amendments that have
yet to be made.
Finally, let me just -- I just want
to preserve this for the record. I do assert
that the findings of fact at the original -- or
made after the original hearings, I forget the
exact date, July 9 th, maybe, last year, that
those findings of fact with respect both to the
map amendment and also the special use for PUD
were not sustained by the manifest weight of the
evidence given in testimony at that hearing,
putting aside any, you know, prejudicial
knowledge that members of the commission may have
had about this development.
Again, that is not saying I am
making a very technical statement, I am not
making a statement about the balance of all
considerations and how those should lead to a
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legislative decision that the City Council would
make, but strictly from a zoning board of appeals
fact-finding body perspective, I 'm asserting --
and I am saying this simply to preserve it for
the record, that some of the findings, not all,
but some of the findings were not sustained by
the manifest weight of the evidence given in
testimony.
Thank you.
CHAIRMAN VINYARD: I have one question
while you're still up there. The unimproved
lots, how many -- do you know how many unimproved
lots are in that area?
MR. LANDOVITZ: I don't offhand, I 'm
sorry.
MR. KASPER: At least eight.
CHAIRMAN VINYARD: How many years have
they been vacant?
MR. KASPER: Dorothy Flisk owns about
seven of them.
CHAIRMAN VINYARD: I 'll call you back
up. You don't have any knowledge of all these?
MR. LANDOVITZ: I 'm sorry, I 'm --
CHAIRMAN VINYARD: Okay.
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MR. LANDOVITZ: Yeah, I don't live in
the subdivision, so apologies.
CHAIRMAN VINYARD: Thank you.
Appreciate it.
MR. LANDOVITZ: Appreciate the question,
though. Thank you.
CHAIRMAN VINYARD: Okay.
MS. NOBLE: I don't know if the
petitioner wants to make comment on this, but
September of 2025, the petitioner did do an
emergency sound level contour study that showed
the property -- it's on the screen if you want to
zoom in a little bit -- that showed the property
at an emergency state where all generators are on
and it shows contours of what the decibel levels
would be.
This is all still on the City's
website if you would like to go visit it. It's
yorkville.il.us and you can go to the community
development page and it will have all the
information on data center projects, but -- so
there was a contour done for this project and
emergency sound level.
CHAIRMAN VINYARD: Okay. Would anyone
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else like to speak tonight?
(No response.)
CHAIRMAN VINYARD: Anybody?
MR. KASPER: Did you want me to clarify
that?
CHAIRMAN VINYARD: Yeah, would you,
please? Just my question.
MR. KASPER: So if you look up boundary
W , that word right there, that blue dot is my
house --
CHAIRMAN VINYARD: Yep.
MR. KASPER: -- and so everything you
see --
CHAIRMAN VINYARD: Can you use the
microphone so people on Zoom can hear you?
MR. KASPER: Everything you see on the
right or up the screen from my house, those are
all empty lots with the very exception of the one
on that right-hand court.
CHAIRMAN VINYARD: Okay.
MR. KASPER: So those are all empty.
There are six or seven there. There is a
spattering then, there is -- it's hard to say,
it's nine or ten.
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CHAIRMAN VINYARD: So there is quite a
few?
MR. KASPER: Quite a few.
CHAIRMAN VINYARD: How long have they
been vacant?
MR. KASPER: Since the subdivision was
conceived.
CHAIRMAN VINYARD: Okay.
MR. KASPER: And Dorothy Flisk owns
about seven or eight of them.
CHAIRMAN VINYARD: Okay. All right.
Appreciate it. Thank you. Would anyone else
like to speak tonight? Anybody?
(No response.)
CHAIRMAN VINYARD: Yes, sir. Go up to
the podium.
MR. SLAGER: I just have a question.
CHAIRMAN VINYARD: Sir, did you take the
oath of office or did you take the oath?
MR. SLAGER: I didn't . Is it too late
to do that?
CHAIRMAN VINYARD: No, I can do that
right now.
MR. SLAGER: Okay. Sure.
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(Witness sworn.)
GREGORY SLAGER,
having been first duly sworn, testified before
the Planning and Zoning Commission as follows:
CHAIRMAN VINYARD: Floor is yours, sir.
MR. SLAGER: Thank you. Pardon my
ignorance, I have not been to one of these
meetings before. I live about three miles south
of the data center complex, and I 'm not sure, has
anybody -- probably have, but are these data
centers going to be cooled with water? Is that
the cooling technology?
CHAIRMAN VINYARD: We will get you your
answer right now. Don't go far.
MR. McCARRON: Yes. So the cooling
technology for these data center shells is closed
loop, so off-site water is brought in and then
recirculated in a closed loop, so it's not taking
any water from the municipal level to cool the
shells or any of the data -- or any of the GPU s
or associated equipment, if that answers your
question.
MR. SLAGER: It does. So there is --
there will never be a case you guys are saying
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where ground water will be either injected --
MR. McCARRON: No.
MR. SLAGER: -- tampered with, totally
closed loop from --
MR. McCARRON: Yes.
MR. SLAGER: -- imported water.
MR. McCARRON: Yeah, absolutely not.
MR. SLAGER: And is everybody aware
these data centers can be cooled without using
water, but it is more expensive?
MR. McCARRON: So it is more expensive
to use a closed loop system, so --
MR. SILVERMAN: Why don't you step up?
MR. McCARRON: So, yes, it is more
expensive to use a closed loop system, and about,
you know, a decade ago when anyone thinks about a
data center, typically they are always cooled
with water at a municipal level and to use excess
amounts of water, and we're using
state-of-the-art technology to avoid drilling a
well.
MR. SLAGER: Thank you for that. Does
the body know, does the gentleman know, if all
the different companies, not just Cardinal, that
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are going into this contiguous area, are they all
on that program, too? Again, pardon my
ignorance.
CHAIRMAN VINYARD: That's all right.
MS. NOBLE: Sure. The approved
ordinances for all the -- the three developments
that have been approved for data centers will not
be using municipal water for cooling.
MR. SLAGER: Okay. Thank you for that.
And is there like 12 different centers that are
ultimately being proposed for this footprint of
land that we're talking about?
MS. NOBLE: Building-wise?
MR. SLAGER: I heard there is like 12
different -- like Cardinal is one, there's bigger
ones, smaller ones.
MS. NOBLE: So there's only three that
have approval now or going through the process
for approval, so it's Cardinal, Project Steel,
which was already approved last year -- or
earlier this year rather, and then CyrusOne.
MR. SLAGER: And there are more probably
in the pipeline for all the property, or we don't
know?
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MS. NOBLE: We have no new applications
for any new data centers .
MR. SLAGER: Okay. Thank you all for
answering the questions.
CHAIRMAN VINYARD: Thank you. Would
anyone else like to speak?
CAROLINE McCREE,
having been first duly sworn, testified before
the Planning and Zoning Commission as follows:
MS. McCREE: Caroline McCree. I just
had a couple of questions. With the closed loop,
are there going to be times that the water that
is in the closed loop gets discharged, and, if
so, where is the waste water going, even if it's
just for repairs or whatever?
MR. McCARRON: So typically if like any
water is discharged by the system, it is trucked
off-site. If it is not trucked off-site and it
is released, it would be tested beforehand to
ensure that there is no contamination.
MS. McCREE: When it gets trucked away
does it get treated properly, like is there
additional chemicals in the closed loop besides
the water?
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MR. McCARRON: So it would be brought to
a commercial disposal site to be recycled.
MS. McCREE: Okay. Is there chemicals
that get mixed in with the water also?
MR. McCARRON: There potentially could
be because it's industrial water that's in a
closed loop system.
MS. McCREE: Are you intentionally
adding chemicals is my question, like anti-freeze
or something similar, anti-corrosive?
MR. McCARRON: Yes, things could be
added to the water.
MS. McCREE: Okay. I had another
question. In conversations with some members of
City Council in the past, I was told something
about temporary energy production for Project
Cardinal possibly being done with hydrogen.
Is that still something that was
being talked about? I don't know if that was a
definite plan or that was just an idea.
MR. McCARRON: Sorry. I should just
stay up here. I didn't know we were doing Q and
A .
So, yeah, we were potentially
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considering alternative energy generation
on-site, but there is no definitive plans right
now.
MS. McCREE: All right, thank you.
CHAIRMAN VINYARD: Thank you. Anyone
else? No? Would anyone on --
MS. BAUMGARTNER: Hi. Hello. On Zoom.
CHAIRMAN VINYARD: Yes, go ahead and
state your name, please.
MS. BAUMGARTNER: Debra Baumgartner.
CHAIRMAN VINYARD: Okay.
MS. BAUMGARTNER: I had a question
about --
CHAIRMAN VINYARD: Did you -- Ma'am,
ma'am, real quick, did you -- did you raise your
hand in the beginning to take the oath, the oath
for speaking tonight?
MS. BAUMGARTNER: I did. Yes.
CHAIRMAN VINYARD: You did? Okay.
MS. BAUMGARTNER: Yes.
CHAIRMAN VINYARD: Very good.
DEBRA BAUMGARTNER,
having been first duly sworn, testified before
the Planning and Zoning Commission as follows:
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MS. BAUMGARTNER: Thank you. So I had a
question about access to the development. Is
there a plan to widen any of the roads to -- for
construction purposes, and which ones? How is it
going to be developed?
CHAIRMAN VINYARD: We will get you your
answer, hold on a second.
MR. McCARRON: Hi, Debra. So I believe
the plan is, yes, to widen Baseline Road, and
we're not looking for any dedications from either
the property that your family owns or any
properties to the north of us.
MS. BAUMGARTNER: Okay.
CHAIRMAN VINYARD: Anything else?
MS. BAUMGARTNER: No.
CHAIRMAN VINYARD: Thank you so much.
Kristina G .
MS. GORDON: Hi. I wanted to -- forgive
me if this was already discussed earlier, my Zoom
cut out for a second.
CHAIRMAN VINYARD: Did I swear you in in
beginning? Were you here in the --
MS. GORDON: No, I was not sworn in.
COMMISSIONER WILLIAMS: Her hand is up.
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PZC - Public Hearing - July 8, 2026
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You can see on the top left her hand is up.
MS. GORDON: My hand is raised.
CHAIRMAN VINYARD: Just repeat after me.
KRISTINA GORDON,
having been first duly sworn, testified before
the Planning and Zoning Commission as follows:
CHAIRMAN VINYARD: Floor is yours.
MS. GORDON: So I apologize if this was
already addressed, my Zoom cut out for a moment,
but I heard that there was discussion of water
discharge and the petitioner stated that water
would be most likely taken off to a treatment
plant, and I wanted to clarify if there is a
situation where it would ever be ejected into the
Yorkville municipal sanitation department.
MR. SILVERMAN: I think it's important
to note that that's not the plan; however, if it
happened, the City has ordinances in place that
control industrial discharges into its system, so
if there were any contaminants in there -- I 'm
not saying that there would be, but if there were
any contaminants, those would have to comply with
the City's disposal -- waste water disposal
ordinance before they could be released into the
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PZC - Public Hearing - July 8, 2026
38
system.
CHAIRMAN VINYARD: Did that answer your
question?
MS. GORDON: I mean, yeah, generally.
It's basically a yes that it could happen, that
it would be dispensed into the Yorkville
sanitation.
CHAIRMAN VINYARD: There would be steps
that they would have to go through to do that,
though, so --
MS. GORDON: Yeah, I understand, it was
just a yes or no question. Yeah. Thank you.
That's all for me.
CHAIRMAN VINYARD: You are very welcome.
Would anyone else in Zoom like to speak?
(No response.)
CHAIRMAN VINYARD: All right. Are there
any questions from the Planning and Zoning
commissioners for the presenter?
COMMISSIONER WILLIAMS: I don't .
COMMISSIONER CROUCH: No.
CHAIRMAN VINYARD: I don't either.
Okay. Since all the -- We are going to conclude
the public hearing.
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PZC - Public Hearing - July 8, 2026
39
Since all the public testimony
regarding the petition has been taken, may I have
a motion to close the taking of testimony in the
public hearing?
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER CROUCH: Second.
CHAIRMAN VINYARD: Roll call vote on the
motion, please.
MS. YOUNG: Yes. Williams.
COMMISSIONER WILLIAMS: Yes.
MS. YOUNG: Forristall.
COMMISSIONER FORRISTALL: Yes.
MS. YOUNG: Crouch.
COMMISSIONER CROUCH: Yes.
MS. YOUNG: Green.
COMMISSIONER GREEN: Yes.
MS. YOUNG: And Vinyard.
CHAIRMAN VINYARD: Yes.
The public hearing portion of
tonight's meeting is now closed.
(Which were all the proceedings had
in the public hearing, concluding
at 7 :39 p .m .)
---o 0 o ---
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PZC - Public Hearing - July 8, 2026
40
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 41, 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
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PZC - Public Hearing - July 8, 2026
41
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 27th day of July,
2026.
/s / Christine M . Vitosh
CHRISTINE M . VITOSH,
Illinois C .S .R . Certificate
No. 084-02883
/
/s [1] - 41:8
0
084-002883 [1] - 3:24
084-02883 [1] - 41:10
1
1 [1] - 40:7
1,037-acre [1] - 8:24
100 [2] - 3:8, 17:19
12 [3] - 4:4, 32:10,
32:14
14 [1] - 4:5
17 [1] - 15:20
2
202-26-23 [1] - 15:19
2025 [1] - 27:10
2026 [3] - 1:21, 15:20,
41:5
2026-05 [2] - 7:24,
8:17
2241 [1] - 3:3
27th [1] - 41:4
3
30 [1] - 4:6
310 [1] - 3:3
33 [1] - 4:7
35 [1] - 4:8
37 [1] - 4:9
4
41 [1] - 40:7
47 [1] - 23:18
6
60435 [1] - 3:8
60532 [1] - 3:4
630 [1] - 3:4
651 [1] - 1:17
682-0085 [1] - 3:4
7
72 [2] - 14:3, 14:4
730-9500 [1] - 3:9
7:00 [1] - 1:22
7:02 [1] - 5:3
7:39 [1] - 39:23
8
8 [1] - 1:21
80 [1] - 10:22
815 [1] - 3:9
822 [1] - 3:8
9
9 [1] - 4:3
90 [7] - 10:22, 11:10,
11:11, 11:13, 13:9,
13:20, 14:6
9th [1] - 25:13
A
A-1 [1] - 22:15
absolutely [2] - 21:6,
31:7
access [1] - 36:2
according [1] - 21:12
accuracy [1] - 41:1
accurate [1] - 7:6
act [2] - 18:3, 19:5
action [2] - 24:9,
40:20
actual [1] - 11:8
added [1] - 34:12
adding [1] - 34:9
additional [1] - 33:23
addressed [1] - 37:9
addressing [1] - 18:8
adjacent [5] - 19:20,
19:24, 20:1, 21:7,
22:20
advocated [1] - 23:10
affected [5] - 13:1,
20:6, 21:15, 22:8,
22:18
agenda [1] - 5:16
ago [2] - 9:18, 31:16
agree [1] - 21:13
agreed [1] - 23:12
agreement [6] - 11:1,
11:18, 12:1, 14:4,
24:8, 24:13
ahead [2] - 12:18, 35:8
aided [1] - 40:10
alien [1] - 14:20
allow [1] - 10:21
allows [1] - 16:3
ALSO [1] - 2:8
alternative [2] - 16:20,
35:1
amend [1] - 16:4
amending [1] - 24:11
amendment [6] - 8:2,
8:21, 10:19, 24:7,
25:6, 25:15
amendments [1] -
25:7
amounts [1] - 31:19
AND [1] - 1:10
answer [7] - 12:6,
13:15, 13:16, 14:9,
30:14, 36:7, 38:2
answering [1] - 33:4
answers [1] - 30:21
anti [2] - 34:9, 34:10
anti-corrosive [1] -
34:10
anti-freeze [1] - 34:9
apologies [1] - 27:2
apologize [3] - 14:4,
14:7, 37:8
Appeals [1] - 14:20
appeals [2] - 15:1,
26:2
APPEARANCES [1] -
3:1
appeared [2] - 3:5,
3:10
Applicant [1] - 3:10
application [1] - 8:19
applications [1] - 33:1
applies [1] - 40:22
Appreciate [1] - 27:4
appreciate [4] - 17:1,
22:23, 27:5, 29:12
approach [1] - 25:2
appropriate [2] -
20:24, 24:16
approval [2] - 32:18,
32:19
approved [7] - 8:23,
11:17, 14:5, 21:13,
32:5, 32:7, 32:20
area [3] - 11:20, 26:13,
32:1
arguably [1] - 16:5
argue [1] - 18:21
art [1] - 31:20
aside [1] - 25:18
assert [1] - 25:10
asserting [1] - 26:3
associated [1] - 30:21
assume [1] - 40:24
assurance [1] - 20:6
attached [1] - 40:22
attacks [1] - 6:16
attorney [4] - 9:12,
9:14, 40:17, 40:18
attorneys [1] - 10:1
audience [2] - 6:24,
7:5
authority [1] - 16:15
authorization [1] -
8:21
avoid [2] - 6:16, 31:20
aware [2] - 9:21, 31:8
B
backup [5] - 16:14,
17:22, 19:10, 19:11
backwards [1] - 13:7
balance [1] - 25:23
Barksdale [1] - 2:9
Barksdale-Noble [1] -
2:9
Baseline [1] - 36:9
BAUMGARTNER [10]
- 4:8, 35:7, 35:10,
35:12, 35:18, 35:20,
35:22, 36:1, 36:13,
36:15
Baumgartner [1] -
35:10
beforehand [1] -
33:19
begin [1] - 6:11
beginning [2] - 35:16,
36:22
behalf [2] - 3:5, 3:10
belief [3] - 16:24, 17:7,
17:18
best [3] - 24:18, 24:21,
25:3
better [5] - 24:17,
24:18, 24:20, 24:21,
25:2
beyond [1] - 20:10
bigger [1] - 32:15
bit [3] - 9:20, 14:20,
27:13
blackout [1] - 18:1
blackouts [1] - 16:22
blue [1] - 28:9
board [3] - 11:16,
15:1, 26:2
Board [1] - 14:19
body [2] - 26:3, 31:23
bottom [1] - 10:17
boundary [1] - 28:8
breach [1] - 17:13
brought [2] - 30:17,
34:1
brownouts [1] - 16:22
building [3] - 10:23,
13:21, 32:13
Vitosh Reporting Service
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PZC - Public Hearing - July 8, 2026
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building's [1] - 13:9
building-wise [1] -
32:13
buildings [4] - 10:13,
11:9, 11:14, 12:3
built [3] - 11:9, 11:14,
13:9
bureaucratic [1] -
18:10
buy [2] - 21:3, 23:8
BY [2] - 3:3, 3:7
C
C.S.R [1] - 41:9
campus [1] - 8:24
capability [2] - 19:11
Cardinal [6] - 8:1, 9:1,
31:24, 32:15, 32:19,
34:17
careful [1] - 17:4
CAROLINE [2] - 4:7,
33:7
Caroline [1] - 33:10
case [2] - 9:22, 30:24
CASTALDO [1] - 3:2
Center [1] - 8:2
center [11] - 8:24,
10:13, 11:8, 12:3,
16:7, 18:12, 27:21,
30:9, 30:16, 31:17
centers [6] - 16:13,
30:11, 31:9, 32:7,
32:10, 33:2
certain [1] - 10:21
certainly [3] - 18:24,
19:17, 24:20
certificate [1] - 40:21
Certificate [1] - 41:9
Certified [1] - 40:3
certified [1] - 40:24
certify [2] - 40:5,
40:21
Chad [1] - 2:5
CHAIRMAN [58] - 5:5,
6:10, 8:5, 8:8, 8:17,
9:5, 12:8, 12:11,
12:15, 12:18, 13:6,
13:14, 13:18, 13:23,
14:8, 14:13, 26:10,
26:17, 26:21, 26:24,
27:3, 27:7, 27:24,
28:3, 28:6, 28:11,
28:14, 28:20, 29:1,
29:4, 29:8, 29:11,
29:15, 29:18, 29:22,
30:5, 30:13, 32:4,
33:5, 35:5, 35:8,
35:11, 35:14, 35:19,
35:21, 36:6, 36:14,
36:16, 36:21, 37:3,
37:7, 38:2, 38:8,
38:14, 38:17, 38:22,
39:7, 39:18
Chairman [3] - 2:2,
6:19, 9:10
challenges [1] - 19:3
challenging [1] -
18:12
chambers [1] - 6:23
change [5] - 22:2,
23:10, 23:12, 23:23,
24:3
changed [1] - 9:20
changing [1] - 15:6
chemicals [3] - 33:23,
34:3, 34:9
choose [1] - 23:8
CHRISTINE [2] - 40:3,
41:9
Christine [2] - 3:23,
41:8
chuck [1] - 12:24
CHUCK [2] - 4:4,
12:21
CITY [1] - 1:6
city [1] - 17:3
City [13] - 3:5, 5:18,
8:19, 9:10, 9:24,
10:3, 11:16, 13:11,
22:24, 26:1, 34:15,
37:18
City's [3] - 10:1,
27:17, 37:23
civil [2] - 20:18, 20:23
clarify [2] - 28:4, 37:13
clarifying [1] - 7:8
clearly [1] - 5:21
click [1] - 6:6
close [2] - 7:14, 39:3
closed [11] - 5:16,
30:16, 30:18, 31:4,
31:12, 31:15, 33:11,
33:13, 33:23, 34:7,
39:20
combining [1] - 14:18
ComEd [6] - 11:23,
12:2, 15:24, 18:16,
18:17, 19:2
comfort [1] - 19:18
commencing [1] - 5:3
comment [6] - 7:15,
15:2, 15:4, 21:19,
21:21, 27:9
comments [3] - 6:15,
7:12, 15:14
commercial [2] -
23:17, 34:2
COMMISSION [1] -
1:10
Commission [11] -
5:7, 5:16, 9:8, 9:10,
12:23, 14:16, 14:19,
30:4, 33:9, 35:24,
37:6
commission [3] -
5:10, 7:7, 25:19
COMMISSIONER [16]
- 8:3, 8:4, 8:10,
8:12, 8:14, 8:16,
13:5, 36:24, 38:20,
38:21, 39:5, 39:6,
39:10, 39:12, 39:14,
39:16
Commissioner [4] -
2:3, 2:4, 2:5, 2:6
commissioners [2] -
7:15, 38:19
community [1] - 27:19
Community [1] - 2:9
companies [1] - 31:24
complete [1] - 14:6
completed [3] - 10:24,
13:21, 14:1
complex [1] - 30:9
comply [1] - 37:22
computer [1] - 40:10
computer-aided [1] -
40:10
conceived [1] - 29:7
concerning [1] - 15:14
concerns [1] - 21:7
conclude [1] - 38:23
concluding [1] - 39:22
conditions [1] - 16:15
consider [4] - 6:7,
21:6, 23:9, 24:3
considerations [1] -
25:24
considered [4] - 5:10,
15:5, 18:22, 19:15
considering [1] - 35:1
constitutes [1] - 40:11
construct [2] - 11:4,
11:6
constructed [1] - 11:6
construction [1] -
36:4
contaminants [2] -
37:20, 37:22
contamination [1] -
33:20
context [1] - 18:6
contiguous [1] - 32:1
continue [1] - 16:17
contour [2] - 27:11,
27:22
contours [1] - 27:15
contrary [1] - 23:21
control [2] - 37:19,
41:2
conversation [1] -
25:1
conversations [1] -
34:14
cool [1] - 30:19
cooled [3] - 30:11,
31:9, 31:17
cooling [3] - 30:12,
30:15, 32:8
cooperation [2] - 7:4,
7:17
copies [2] - 40:23,
41:2
correct [2] - 11:11,
11:12
corridor [1] - 23:18
corrosive [1] - 34:10
Council [5] - 5:18,
10:4, 11:17, 26:1,
34:15
counsel [2] - 40:17,
40:18
County [3] - 8:20,
20:1, 22:16
COUNTY [1] - 40:2
couple [1] - 33:11
course [2] - 21:19,
25:3
court [2] - 7:3, 28:19
cover [1] - 17:8
covering [1] - 15:15
created [1] - 20:7
crisis [3] - 18:8, 18:11,
18:18
critical [1] - 18:9
CROSS [1] - 3:7
cross [1] - 7:11
Cross [1] - 9:13
cross-examination [1]
- 7:11
crouch [1] - 39:13
Crouch [2] - 2:6, 8:13
CROUCH [6] - 8:4,
8:14, 13:5, 38:21,
39:6, 39:14
CSR [1] - 3:24
customers [3] - 16:8,
16:13, 19:10
cut [2] - 36:20, 37:9
CyrusOne [1] - 32:21
D
Danny [1] - 2:3
Data [1] - 8:1
data [17] - 8:24, 10:13,
11:8, 12:3, 16:6,
16:7, 16:13, 18:12,
27:21, 30:9, 30:10,
30:16, 30:20, 31:9,
31:17, 32:7, 33:2
date [2] - 11:1, 25:13
David [2] - 2:12, 9:11
DAVID [3] - 3:7, 4:3,
9:6
dealing [1] - 18:18
Debra [2] - 35:10, 36:8
DEBRA [2] - 4:8,
35:22
decade [1] - 31:16
decibel [1] - 27:15
decision [1] - 26:1
dedications [1] -
36:10
deemed [1] - 15:7
defined [1] - 19:7
definite [1] - 34:20
definitive [1] - 35:2
deliberate [2] - 5:17,
7:16
Department [2] -
15:19, 18:5
department [1] - 37:15
determines [1] - 13:8
develop [1] - 11:20
developed [3] - 10:12,
24:6, 36:5
developer [2] - 9:16,
11:2
developing [1] - 24:23
Development [6] -
2:10, 8:1, 8:18, 9:16,
15:9, 20:3
development [18] -
8:22, 9:19, 19:14,
19:22, 21:12, 21:14,
21:15, 22:4, 22:10,
22:21, 22:24, 23:2,
23:17, 23:19, 25:20,
27:20, 36:2
developments [2] -
22:9, 32:6
different [4] - 24:18,
31:24, 32:10, 32:15
Dim [1] - 2:13
DiNOLFO [1] - 3:2
direct [2] - 7:9, 7:10
directed [1] - 15:22
direction [2] - 40:11,
41:2
directly [1] - 40:19
Director [1] - 2:10
disagreeing [1] -
15:11
discharge [1] - 37:11
discharged [2] -
33:13, 33:17
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PZC - Public Hearing - July 8, 2026
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discharges [1] - 37:19
discuss [2] - 10:8,
24:17
discussed [1] - 36:19
discussion [1] - 37:10
discussions [1] - 9:23
dispensed [1] - 38:6
disposal [3] - 34:2,
37:23
disproportionately [2]
- 22:7, 22:18
disrupts [1] - 6:21
done [4] - 13:9, 24:14,
27:22, 34:17
Dorothy [2] - 26:19,
29:9
dot [1] - 28:9
drilling [1] - 31:20
Drive [2] - 1:17, 3:8
duly [7] - 9:7, 12:22,
14:15, 30:3, 33:8,
35:23, 37:5
during [2] - 5:24, 7:1
E
earth [1] - 11:3
easier [1] - 7:5
east [1] - 23:1
economic [1] - 23:19
effective [2] - 10:24,
15:20
eight [2] - 26:16,
29:10
either [6] - 7:10, 11:9,
21:3, 31:1, 36:10,
38:22
ejected [1] - 37:14
electric [1] - 16:1
electrical [3] - 11:4,
16:16, 18:13
electricity [1] - 17:10
emergency [4] - 17:8,
27:11, 27:14, 27:23
employee [2] - 40:16,
40:17
empty [2] - 28:18,
28:21
enable [1] - 24:8
energy [2] - 34:16,
35:1
Energy [1] - 15:19
Energy's [1] - 18:6
engineering [1] -
18:13
enjoyment [1] - 19:19
ensure [2] - 6:14,
33:20
entitled [1] - 11:2
envision [1] - 24:22
equipment [2] - 17:24,
30:21
estate [1] - 22:19
Estates [1] - 20:3
evening [2] - 9:9,
14:11
everyday [1] - 19:1
evidence [3] - 20:16,
25:17, 26:7
evidentiary [2] -
20:15, 20:23
exact [3] - 14:2, 16:12,
25:13
examination [1] - 7:11
exception [1] - 28:18
excess [1] - 31:18
excessive [1] - 18:19
existing [2] - 8:22,
21:12
expected [1] - 19:8
expensive [3] - 31:10,
31:11, 31:15
expert [3] - 20:20,
20:21, 23:4
expressed [2] - 10:3,
11:22
extreme [1] - 24:23
F
facility [1] - 17:16
fact [7] - 15:1, 15:3,
15:5, 15:8, 25:11,
25:14, 26:3
fact-finding [1] - 26:3
facts [1] - 15:17
familiar [1] - 14:21
family [1] - 36:11
far [3] - 13:12, 21:23,
30:14
Farms [1] - 20:4
fast [1] - 18:10
favor [5] - 7:21, 12:12,
24:7, 25:6, 25:7
felt [3] - 22:7, 22:17,
23:23
few [3] - 6:13, 29:2,
29:3
FIELD [1] - 3:3
filed [1] - 9:22
finally [3] - 22:5,
23:12, 25:9
findings [9] - 15:1,
15:3, 15:4, 15:8,
19:13, 25:11, 25:14,
26:5, 26:6
firm [1] - 9:12
First [1] - 20:19
first [10] - 9:7, 11:1,
12:22, 14:15, 15:15,
22:1, 30:3, 33:8,
35:23, 37:5
flatly [1] - 21:10
Flisk [2] - 26:19, 29:9
floor [2] - 30:5, 37:7
focused [1] - 6:15
folks [2] - 6:4, 11:22
following [1] - 5:1
follows [9] - 5:4, 7:19,
9:8, 12:23, 14:16,
30:4, 33:9, 35:24,
37:6
footprint [1] - 32:11
force [2] - 18:2, 19:5
foregoing [1] - 40:6
forget [1] - 25:12
forgive [2] - 14:17,
36:18
formally [1] - 7:14
format [1] - 14:18
FORRISTALL [2] -
8:12, 39:12
Forristall [3] - 2:4,
8:11, 39:11
forth [1] - 10:20
freeze [1] - 34:9
front [1] - 16:10
fulfill [1] - 24:8
full [1] - 18:22
fully [1] - 17:22
functions [1] - 14:18
G
Galena [1] - 10:17
gather [1] - 15:7
gener [1] - 17:19
general [1] - 19:19
generally [1] - 38:4
generating [1] - 16:14
generation [2] - 19:10,
35:1
generator [4] - 17:12,
17:15, 17:20, 18:22
generators [4] - 16:16,
17:22, 17:23, 27:14
gentleman [1] - 31:23
given [5] - 17:21,
23:15, 25:17, 26:7,
40:12
God [2] - 18:3, 19:5
GORDON [8] - 4:9,
36:18, 36:23, 37:2,
37:4, 37:8, 38:4,
38:11
GPUs [1] - 30:20
great [3] - 8:17, 17:5,
17:14
greater [3] - 22:21,
23:3, 23:5
Green [2] - 2:5, 8:15
green [2] - 13:10,
39:15
GREEN [2] - 8:16,
39:16
GREGORY [2] - 4:6,
30:2
grid [5] - 16:16, 16:18,
17:10, 18:14
ground [2] - 6:12, 31:1
guess [1] - 20:12
guys [3] - 6:10, 12:9,
30:24
H
hand [10] - 6:3, 6:7,
6:16, 28:19, 35:16,
36:24, 37:1, 37:2,
40:24, 41:4
Hansen [1] - 2:12
happy [1] - 13:16
hard [2] - 22:2, 28:23
HASENBALG [1] - 3:2
health [1] - 19:18
hear [1] - 28:15
heard [5] - 5:14, 7:13,
11:19, 32:14, 37:10
hearing [15] - 5:3, 5:6,
5:19, 6:1, 6:14, 6:22,
7:1, 7:24, 25:17,
38:24, 39:4, 39:19,
39:22, 40:6, 40:14
HEARING [1] - 1:11
hearings [5] - 5:8,
5:15, 7:6, 20:14,
25:12
heat [1] - 19:4
hello [1] - 35:7
hereby [1] - 40:5
hereto [2] - 40:19,
40:22
hereunto [1] - 41:3
hi [3] - 35:7, 36:8,
36:18
higher [1] - 18:15
hold [1] - 36:7
house [2] - 28:10,
28:17
hydrogen [1] - 34:17
hypothetical [4] -
20:21, 21:1, 21:11,
25:7
I
idea [1] - 34:20
ignorance [2] - 30:7,
32:3
II [6] - 10:16, 10:23,
11:14, 13:11, 13:13,
13:22
III [6] - 10:13, 10:17,
10:22, 11:3, 13:22,
14:5
ILLINOIS [2] - 1:7,
40:1
Illinois [8] - 1:18, 3:4,
3:8, 3:24, 8:20, 40:4,
41:4, 41:9
imagine [1] - 24:2
important [4] - 16:23,
19:21, 23:9, 37:16
imported [1] - 31:6
improve [1] - 21:4
improved [1] - 21:5
improvement [3] -
20:5, 23:24, 24:4
improvements [1] -
10:21
IN [1] - 41:3
inclined [1] - 23:22
include [2] - 17:17,
17:18
includes [1] - 22:9
including [1] - 24:23
incompatibility [1] -
22:22
incorporated [1] -
19:16
INDEX [1] - 4:1
indirectly [1] - 40:20
industrial [2] - 34:6,
37:19
Infantry [1] - 3:8
information [4] -
16:24, 17:7, 17:18,
27:21
infrastructure [1] -
11:3
injected [1] - 31:1
instructions [1] - 16:3
intent [1] - 21:4
intentionally [1] - 34:8
interconnection [1] -
15:23
interested [1] - 40:19
interests [1] - 23:22
interrupts [1] - 6:22
investment [1] - 21:4
invite [1] - 5:8
ISOs [1] - 18:14
issue [2] - 18:9, 18:11
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - July 8, 2026
3
issued [1] - 14:2
issues [1] - 12:2
J
jeopardy [1] - 16:19
job [1] - 7:5
Joliet [1] - 3:8
judicial [2] - 20:17,
20:18
July [3] - 1:21, 25:13,
41:4
K
Kasper [1] - 12:24
KASPER [16] - 4:4,
12:14, 12:17, 12:21,
12:24, 13:7, 26:16,
26:19, 28:4, 28:8,
28:12, 28:16, 28:21,
29:3, 29:6, 29:9
KATHLEEN [1] - 3:3
keep [1] - 23:16
keeping [1] - 23:15
Keith [1] - 14:11
KEITH [2] - 4:5, 14:14
Kendall [3] - 8:20,
20:1, 22:15
kind [3] - 10:15, 18:8,
18:10
knocked [1] - 18:1
knowing [1] - 17:14
knowledge [2] -
25:19, 26:22
Kristina [1] - 36:17
KRISTINA [2] - 4:9,
37:4
Krysti [2] - 2:9, 13:15
L
land [1] - 32:12
Landovitz [1] - 14:12
LANDOVITZ [8] - 4:5,
14:11, 14:14, 14:17,
26:14, 26:23, 27:1,
27:5
language [1] - 14:2
large [5] - 16:6, 16:7,
16:13, 19:10
larger [1] - 10:16
LASALLE [1] - 40:2
last [6] - 10:12, 11:18,
11:21, 24:6, 25:13,
32:20
late [1] - 29:20
law [1] - 9:12
lawsuit [2] - 9:22, 9:24
lead [1] - 25:24
least [1] - 26:16
leave [1] - 6:23
left [4] - 13:4, 24:1,
37:1
Legacy [1] - 20:4
legal [1] - 24:9
legislative [1] - 26:1
Leland [1] - 41:4
level [5] - 18:15,
27:11, 27:23, 30:19,
31:18
levels [1] - 27:15
light [5] - 13:10, 18:5,
18:20, 18:21, 19:6
likely [1] - 37:12
likewise [1] - 7:11
limit [1] - 6:19
limits [1] - 17:13
Lisle [1] - 3:4
listed [1] - 15:9
live [5] - 22:12, 22:13,
23:8, 27:1, 30:8
living [2] - 10:4, 22:8
LLC [2] - 3:7, 8:18
load [5] - 16:7, 16:13,
18:19, 19:3, 19:10
loads [1] - 18:12
local [1] - 15:24
logical [1] - 20:11
look [1] - 28:8
looking [1] - 36:10
looks [1] - 13:2
loop [9] - 30:17,
30:18, 31:4, 31:12,
31:15, 33:11, 33:13,
33:23, 34:7
lose [1] - 22:20
LTD [1] - 3:2
M
Ma'am [1] - 35:14
ma'am [1] - 35:15
machine [1] - 40:8
Mahoney [1] - 9:12
MAHONEY [1] - 3:7
majeure [2] - 18:2,
19:5
major [2] - 8:2, 8:21
manifest [2] - 25:16,
26:7
map [1] - 25:15
Marlys [1] - 2:14
material [2] - 15:8,
15:20
matt [1] - 9:13
Matt [2] - 9:15, 12:5
matter [4] - 5:18,
15:13, 20:8, 23:3
matters [1] - 6:16
McCarron [13] - 9:13,
11:12, 30:15, 31:2,
31:7, 31:11, 31:14,
33:16, 34:1, 34:5,
34:11, 34:21, 36:8
mcCARRON [1] - 31:5
McCree [9] - 4:7, 33:7,
33:10, 33:21, 34:3,
34:8, 34:13, 35:4
mean [3] - 16:12,
18:24, 38:4
means [1] - 40:8
measures [1] - 18:13
meet [1] - 20:22
meeting [3] - 5:7,
11:18, 39:20
meetings [1] - 30:8
member [3] - 6:2,
6:21, 16:1
members [8] - 5:8,
6:24, 7:7, 9:10, 16:2,
16:4, 25:19, 34:14
Mendez [1] - 2:11
mention [1] - 14:22
Michael [1] - 2:6
microphone [1] -
28:15
might [2] - 24:2, 25:3
miles [1] - 30:8
Minute [1] - 2:14
misspoke [1] - 13:19
misstatement [1] -
14:7
mixed [1] - 34:4
model [1] - 17:10
modeling [1] - 17:11
models [3] - 17:17,
17:18, 19:16
moment [1] - 37:9
months [3] - 9:18,
14:3, 14:4
morals [1] - 19:18
most [3] - 20:11,
24:23, 37:12
motion [4] - 7:23, 8:6,
39:3, 39:8
move [3] - 10:11,
13:22, 14:5
moved [2] - 8:3, 39:5
MR [56] - 3:7, 9:4, 9:9,
11:12, 11:13, 12:10,
12:14, 12:17, 12:24,
13:7, 13:16, 13:19,
13:24, 14:11, 14:17,
26:14, 26:16, 26:19,
26:23, 27:1, 27:5,
28:4, 28:8, 28:12,
28:16, 28:21, 29:3,
29:6, 29:9, 29:17,
29:20, 29:24, 30:6,
30:15, 30:23, 31:2,
31:3, 31:5, 31:6,
31:7, 31:8, 31:11,
31:13, 31:14, 31:22,
32:9, 32:14, 32:22,
33:3, 33:16, 34:1,
34:5, 34:11, 34:21,
36:8, 37:16
MS [36] - 3:3, 8:7, 8:9,
8:11, 8:13, 8:15,
27:8, 32:5, 32:13,
32:17, 33:1, 33:10,
33:21, 34:3, 34:8,
34:13, 35:4, 35:7,
35:10, 35:12, 35:18,
35:20, 36:1, 36:13,
36:15, 36:18, 36:23,
37:2, 37:8, 38:4,
38:11, 39:9, 39:11,
39:13, 39:15, 39:17
multi [1] - 11:5
multi-use [1] - 11:5
municipal [5] - 14:19,
30:19, 31:18, 32:8,
37:15
must [1] - 7:3
N
name [5] - 5:21, 9:11,
12:19, 18:10, 35:9
nature [1] - 23:7
need [1] - 11:6
needs [2] - 18:22,
19:15
neighbors [1] - 11:19
never [1] - 30:24
new [3] - 10:9, 33:1,
33:2
news [1] - 19:2
nine [1] - 28:24
Noble [1] - 2:9
NOBLE [5] - 27:8,
32:5, 32:13, 32:17,
33:1
noise [1] - 17:13
normal [5] - 17:10,
18:23, 19:21, 19:22,
21:11
north [1] - 36:12
northeast [4] - 10:10,
13:4, 22:5, 23:13
note [3] - 15:3, 19:23,
37:17
nuisance [1] - 20:7
number [2] - 7:24,
9:23
O
oath [6] - 6:5, 21:2,
29:19, 35:16
obviously [1] - 21:24
occupancy [1] - 14:1
occur [1] - 11:7
OF [3] - 1:6, 40:1, 40:2
off-site [3] - 30:17,
33:18
offhand [1] - 26:14
office [2] - 6:6, 29:19
officials [1] - 17:3
okays [1] - 13:11
on-site [1] - 35:2
once [2] - 5:15, 10:22
one [13] - 5:5, 5:21,
13:1, 17:23, 17:24,
20:12, 21:10, 22:1,
26:10, 28:18, 30:7,
32:15
ones [4] - 13:1, 32:16,
36:4
open [2] - 7:23, 23:17
operating [1] - 16:4
operation [1] - 17:16
operational [1] - 19:7
operationally [1] -
18:23
operative [1] - 15:6
operator [1] - 15:24
opinion [3] - 15:13,
21:24, 23:4
opposition [2] - 7:21,
12:13
options [1] - 25:2
order [7] - 7:18, 15:22,
16:1, 16:10, 18:6,
18:21, 20:11
Order [1] - 15:19
ordered [1] - 10:21
orderly [3] - 6:14,
19:22, 21:11
ordinance [1] - 37:24
Ordinance [1] - 15:10
ordinances [2] - 32:6,
37:18
organizations [1] -
18:16
original [7] - 9:19,
22:3, 23:23, 23:24,
25:11, 25:12, 40:22
originally [1] - 24:5
ORR [1] - 3:3
OTTOSEN [1] - 3:2
outcome [1] - 40:20
overview [1] - 12:5
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - July 8, 2026
4
own [1] - 16:9
owners [1] - 23:5
owns [3] - 26:19, 29:9,
36:11
P
p.m [3] - 1:22, 5:3,
39:23
PAGE [1] - 4:1
page [1] - 27:20
pages [1] - 40:7
pardon [2] - 30:6, 32:2
part [7] - 14:23, 15:2,
17:15, 19:9, 22:12,
22:14, 24:5
parties [1] - 40:19
past [1] - 34:15
path [2] - 11:5, 18:10
pedestrian [1] - 11:5
people [8] - 10:4,
22:2, 22:8, 22:9,
22:18, 22:20, 23:7,
28:15
percent [8] - 10:22,
11:10, 11:11, 11:13,
13:9, 13:20, 14:6,
17:19
perfect [2] - 24:18,
25:3
perhaps [2] - 16:5,
25:4
period [2] - 7:15,
11:10
permit [1] - 14:1
permitted [1] - 21:6
person [1] - 21:10
personal [4] - 6:16,
21:1, 23:21, 40:11
persons [2] - 5:11,
5:20
perspective [4] -
15:12, 21:9, 23:20,
26:3
Petition [1] - 7:24
petition [1] - 39:2
petitioner [9] - 5:13,
6:1, 7:9, 7:11, 8:18,
9:2, 27:9, 27:10,
37:11
petitioner's [1] - 7:20
Phase [16] - 10:13,
10:15, 10:16, 10:17,
10:22, 10:23, 11:3,
11:13, 13:3, 13:11,
13:12, 13:13, 13:21,
13:22, 14:5
phase [1] - 13:8
phasing [13] - 8:23,
10:7, 10:9, 10:20,
15:7, 19:2, 22:3,
22:17, 23:11, 24:1,
24:3
piece [1] - 17:23
Pioneer [3] - 8:1, 8:18,
9:16
pipeline [1] - 32:23
PJ [1] - 16:2
PJM [5] - 15:23, 16:2,
16:3, 18:7
place [2] - 37:18,
40:15
plaintiff [1] - 9:24
plan [8] - 5:24, 8:23,
10:9, 21:14, 34:20,
36:3, 36:9, 37:17
Plan [1] - 14:19
Planned [1] - 20:2
planned [6] - 8:22,
9:19, 19:14, 21:14,
21:15, 22:10
Planner [3] - 2:11,
2:12, 2:13
planning [1] - 23:19
PLANNING [1] - 1:10
Planning [9] - 5:6, 9:8,
12:23, 14:16, 30:4,
33:9, 35:24, 37:6,
38:18
plans [1] - 35:2
plant [1] - 37:13
podium [3] - 5:23, 7:2,
29:16
point [2] - 14:6, 19:21
Pointe [1] - 1:17
points [1] - 6:17
portion [6] - 10:10,
10:11, 10:12, 11:21,
24:24, 39:19
possible [1] - 23:17
possibly [1] - 34:17
potential [1] - 21:10
potentially [6] - 16:19,
20:6, 24:12, 24:13,
34:5, 34:24
power [3] - 16:14,
17:20, 18:22
Prairie [1] - 1:17
prejudicial [1] - 25:18
prepared [1] - 9:2
PRESENT [2] - 2:1,
2:8
present [3] - 5:12, 9:2,
12:12
presentation [2] -
7:20, 9:3
presenter [1] - 38:19
preserve [2] - 25:10,
26:4
pretty [3] - 10:2, 12:4
previously [1] - 15:5
problem [1] - 12:1
problems [2] - 10:3,
11:23
procedure [2] - 20:18,
20:23
proceed [1] - 22:4
proceedings [3] - 5:2,
39:21, 40:13
process [1] - 32:18
production [1] - 34:16
productive [1] - 6:14
program [1] - 32:2
Project [4] - 8:1, 9:1,
32:19, 34:16
project [8] - 9:14,
10:5, 10:7, 10:11,
10:12, 11:5, 11:21,
27:22
projects [1] - 27:21
properly [1] - 33:22
properties [6] - 19:20,
21:7, 23:6, 23:7,
23:8, 36:12
property [6] - 22:11,
22:14, 27:12, 27:13,
32:23, 36:11
propose [1] - 20:8
proposed [3] - 5:9,
21:16, 32:11
protocol [3] - 14:18,
19:9
protocols [2] - 16:4,
18:18
provider [1] - 16:1
prudent [1] - 17:16
public [24] - 5:2, 5:5,
5:9, 5:11, 5:15, 6:1,
6:2, 6:21, 7:8, 7:12,
7:14, 7:24, 15:2,
19:18, 20:14, 21:19,
21:21, 38:24, 39:1,
39:4, 39:19, 39:22,
40:6, 40:14
PUBLIC [1] - 1:11
PUD [7] - 8:2, 10:19,
22:14, 24:7, 24:12,
25:15
purpose [1] - 5:7
purposes [1] - 36:4
push [1] - 23:23
pushed [1] - 22:2
put [1] - 15:16
putting [1] - 25:18
PZC [2] - 7:24, 8:17
Q
quasi [1] - 20:16
questions [8] - 5:13,
7:8, 7:9, 12:6, 12:14,
33:4, 33:11, 38:18
quick [1] - 35:15
quite [2] - 29:1, 29:3
R
R-1 [1] - 22:15
raise [2] - 6:2, 35:15
raised [1] - 37:2
raising [1] - 6:7
rarely [1] - 18:4
rather [2] - 16:17,
32:21
rationale [1] - 17:20
read [1] - 16:11
real [1] - 35:15
really [5] - 18:8, 18:12,
21:18, 21:19, 24:4
reason [1] - 23:15
reasonable [1] - 23:20
reasons [1] - 23:10
receiving [1] - 7:19
recirculated [1] -
30:18
recommendation [1] -
5:17
record [6] - 7:3, 15:11,
15:16, 25:10, 26:5,
40:12
recycled [1] - 34:2
redirect [1] - 6:20
reduced [1] - 40:9
referred [1] - 8:24
regarded [1] - 18:2
regarding [3] - 5:9,
5:14, 39:2
regional [1] - 15:23
register [1] - 14:12
relative [2] - 40:16,
40:17
released [2] - 33:19,
37:24
relevant [6] - 7:9,
19:17, 19:19, 19:20,
19:23, 20:8
reliable [1] - 18:14
remain [1] - 6:24
remarks [1] - 6:20
reorder [1] - 10:7
repairs [1] - 33:15
repeat [2] - 6:3, 37:3
repeatedly [1] - 6:21
repetitive [2] - 6:17,
6:19
rephasing [1] - 23:24
report [1] - 15:4
reported [2] - 3:23,
40:7
Reporter [1] - 40:4
reporter [1] - 7:3
reports [1] - 19:2
represent [1] - 5:22
representative [1] -
9:15
reproduced [1] - 41:1
request [5] - 5:9, 5:13,
5:14, 7:22, 12:5
requesting [1] - 20:20
residential [5] - 20:3,
21:15, 22:19, 22:24,
23:6
respect [3] - 14:24,
19:13, 25:14
respond [1] - 7:12
response [5] - 18:11,
18:18, 28:2, 29:14,
38:16
responsibility [2] -
16:6, 41:1
responsive [1] - 19:8
review [1] - 6:13
reviewed [1] - 11:17
Rich [1] - 2:2
right-hand [1] - 28:19
Road [3] - 3:3, 10:17,
36:9
roads [2] - 11:6, 36:3
roll [2] - 8:5, 39:7
rolling [1] - 16:21
Route [1] - 23:18
routine [3] - 17:11,
17:12, 17:15
RPD-1 [1] - 20:2
RTOs [1] - 18:14
rules [5] - 6:12, 6:13,
20:16, 20:18, 20:22
run [1] - 16:17
running [4] - 16:18,
17:9, 17:21, 18:21
Rural [2] - 20:2
rural [4] - 22:8, 22:18,
22:19, 23:6
Ryan [1] - 2:4
S
safety [1] - 19:18
sanitation [2] - 37:15,
38:7
Sara [1] - 2:11
scenario [4] - 17:8,
17:9, 18:1, 19:15
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - July 8, 2026
5
scenarios [1] - 17:9
scheduled [1] - 5:6
screen [2] - 27:12,
28:17
seated [2] - 6:11, 12:9
second [5] - 8:4, 24:3,
36:7, 36:20, 39:6
section [2] - 10:16,
10:18
see [6] - 11:20, 13:2,
24:5, 28:13, 28:16,
37:1
seeing [1] - 21:8
Senior [2] - 2:11, 2:12
sense [2] - 24:7, 25:5
sensitivity [2] - 23:2,
23:5
separate [2] - 14:21,
25:1
September [1] - 27:10
set [2] - 10:20, 41:3
settlement [2] - 11:17,
24:9
seven [6] - 10:24,
11:10, 14:3, 26:20,
28:22, 29:10
seven-year [1] - 11:10
shells [5] - 10:23,
11:8, 13:21, 30:16,
30:20
Shorthand [1] - 40:4
shorthand [1] - 40:9
showed [2] - 27:11,
27:13
shows [1] - 27:15
sign [1] - 5:23
signed [2] - 14:12,
40:23
silent [1] - 7:1
SILVERMAN [13] -
3:7, 3:7, 4:3, 9:4,
9:6, 9:9, 11:13,
12:10, 13:16, 13:19,
13:24, 31:13, 37:16
Silverman [2] - 9:11,
9:12
similar [1] - 34:10
simply [3] - 6:6, 24:23,
26:4
simultaneously [1] -
40:9
site [5] - 30:17, 33:18,
34:2, 35:2
situation [5] - 18:9,
19:6, 19:7, 20:6,
37:14
situations [1] - 18:19
six [1] - 28:22
SLAGER [15] - 4:6,
29:17, 29:20, 29:24,
30:2, 30:6, 30:23,
31:3, 31:6, 31:8,
31:22, 32:9, 32:14,
32:22, 33:3
smaller [1] - 32:16
solution [3] - 10:2,
11:15, 12:1
sorry [4] - 12:19,
26:15, 26:23, 34:21
sound [4] - 16:24,
17:2, 27:11, 27:23
south [2] - 22:13, 30:8
southeast [3] - 10:11,
23:14, 23:16
southwest [1] - 22:6
spattering [1] - 28:23
speakers [1] - 6:20
speaking [7] - 6:15,
7:2, 14:23, 20:24,
21:1, 21:10, 35:17
special [4] - 8:20,
19:14, 21:16, 25:15
specific [1] - 21:14
specifically [2] -
15:22, 16:6
specified [1] - 40:15
SS [1] - 40:1
staff [4] - 9:11, 9:24,
15:4, 17:3
stand [1] - 6:2
standard [2] - 17:11,
20:15
standards [6] - 15:9,
15:21, 19:13, 19:17,
20:9, 20:23
start [4] - 10:10,
10:22, 22:4, 23:13
state [5] - 5:21, 12:19,
27:14, 31:20, 35:9
STATE [1] - 40:1
State [1] - 40:4
state-of-the-art [1] -
31:20
statement [2] - 25:22,
25:23
States [1] - 15:18
status [1] - 20:20
stay [2] - 6:20, 34:22
Steel [1] - 32:19
stenographically [1] -
40:8
step [1] - 31:13
steps [1] - 38:8
still [6] - 15:5, 21:21,
25:2, 26:11, 27:17,
34:18
stood [1] - 22:20
stress [1] - 16:15
strictly [1] - 26:2
studies [2] - 17:2,
17:7
study [2] - 17:1, 27:11
subdivision [6] - 20:3,
20:4, 21:13, 22:13,
27:2, 29:6
subject [1] - 5:19
submitted [1] - 8:19
Suite [2] - 3:3, 3:8
sustained [2] - 25:16,
26:6
swear [1] - 36:21
switch [2] - 16:6,
16:16
switching [1] - 19:9
sworn [13] - 6:8, 6:9,
9:7, 12:22, 14:15,
21:21, 21:22, 30:1,
30:3, 33:8, 35:23,
36:23, 37:5
system [6] - 31:12,
31:15, 33:17, 34:7,
37:19, 38:1
T
Taker [1] - 2:14
tampered [1] - 31:3
technical [1] - 25:22
technology [3] -
30:12, 30:16, 31:20
temporary [2] - 14:1,
34:16
ten [1] - 28:24
terms [3] - 15:3, 18:7,
24:8
tested [1] - 33:19
testified [7] - 9:7,
12:22, 14:15, 30:3,
33:8, 35:23, 37:5
testify [1] - 5:20
testifying [1] - 21:2
testimony [14] - 5:8,
5:11, 7:4, 7:19,
14:24, 15:13, 15:16,
20:13, 21:17, 25:17,
26:8, 39:1, 39:3,
40:12
testing [3] - 17:12,
17:15, 17:23
therefore [1] - 20:7
thereof [1] - 40:23
Thiam [1] - 2:13
thinks [1] - 31:16
three [3] - 30:8, 32:6,
32:17
tonight [7] - 5:10, 6:5,
9:13, 10:8, 28:1,
29:13, 35:17
tonight's [7] - 5:6,
5:16, 6:1, 6:22, 7:1,
7:4, 39:20
top [2] - 10:15, 37:1
topic [1] - 6:20
topics [1] - 6:17
totally [1] - 31:3
towards [1] - 10:16
transcript [3] - 7:6,
40:7, 40:23
transcription [1] -
40:10
transformer [1] -
17:24
transmission [1] -
15:24
treated [1] - 33:22
treatment [1] - 37:12
trucked [3] - 33:17,
33:18, 33:21
true [2] - 21:23, 40:12
trying [2] - 16:17,
20:10
turning [1] - 21:18
type [2] - 19:6, 23:2
typewriting [1] - 40:10
typically [2] - 31:17,
33:16
U
ultimately [1] - 32:11
umbrella [1] - 18:15
under [5] - 19:3, 21:2,
40:11, 40:24, 41:2
Unified [1] - 15:9
unimproved [5] -
20:4, 20:12, 21:3,
26:11, 26:12
unit [4] - 8:22, 9:19,
19:14, 22:10
United [3] - 3:5, 8:19,
15:18
UNITED [1] - 1:6
unless [1] - 7:1
unrelated [1] - 6:17
untrue [1] - 21:20
up [9] - 26:11, 26:22,
28:8, 28:17, 29:15,
31:13, 34:22, 36:24,
37:1
update [1] - 8:22
upfront [2] - 11:7,
12:2
upper [4] - 13:3, 13:4,
13:6
users [1] - 23:5
uses [1] - 21:6
utilities [3] - 11:4,
18:16, 19:8
utility [1] - 16:21
V
vacant [2] - 26:18,
29:5
via [1] - 40:10
VINYARD [58] - 5:5,
6:10, 8:5, 8:8, 8:17,
9:5, 12:8, 12:11,
12:15, 12:18, 13:6,
13:14, 13:18, 13:23,
14:8, 14:13, 26:10,
26:17, 26:21, 26:24,
27:3, 27:7, 27:24,
28:3, 28:6, 28:11,
28:14, 28:20, 29:1,
29:4, 29:8, 29:11,
29:15, 29:18, 29:22,
30:5, 30:13, 32:4,
33:5, 35:5, 35:8,
35:11, 35:14, 35:19,
35:21, 36:6, 36:14,
36:16, 36:21, 37:3,
37:7, 38:2, 38:8,
38:14, 38:17, 38:22,
39:7, 39:18
Vinyard [3] - 2:2, 8:7,
39:17
visit [1] - 27:18
Vitosh [2] - 3:23, 41:8
VITOSH [2] - 40:3,
41:9
vote [4] - 5:17, 7:16,
8:6, 39:7
W
wants [1] - 27:9
Warrenville [1] - 3:3
waste [2] - 33:14,
37:23
water [19] - 30:11,
30:17, 30:19, 31:1,
31:6, 31:10, 31:18,
31:19, 32:8, 33:12,
33:14, 33:17, 33:24,
34:4, 34:6, 34:12,
37:10, 37:11, 37:23
wave [1] - 19:4
website [1] - 27:18
Wednesday [1] - 1:21
weight [2] - 25:16,
26:7
welcome [1] - 38:14
welfare [1] - 19:19
west [7] - 10:4, 13:1,
19:24, 22:4, 23:13,
24:6, 24:24
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - July 8, 2026
6
western [1] - 10:18
WHEREOF [1] - 41:3
WHEREUPON [1] -
5:1
whichever [1] - 11:1
widen [2] - 36:3, 36:9
Williams [3] - 2:3, 8:9,
39:9
WILLIAMS [6] - 8:3,
8:10, 36:24, 38:20,
39:5, 39:10
wise [1] - 32:13
wish [3] - 5:12, 6:4,
7:21
wishes [1] - 12:12
wishing [1] - 5:20
witness [3] - 20:20,
23:4, 30:1
WITNESS [2] - 4:1,
41:3
witnesses [1] - 6:9
word [2] - 18:24, 28:9
wording [2] - 16:9,
16:12
world [1] - 25:4
Y
year [4] - 11:10, 25:13,
32:20, 32:21
years [3] - 10:24, 14:3,
26:17
YORKVILLE [2] - 1:6,
1:7
Yorkville [8] - 1:18,
3:6, 8:20, 17:3,
22:10, 22:24, 37:15,
38:6
yorkville.il.us [1] -
27:19
Young [1] - 2:14
YOUNG [10] - 8:7, 8:9,
8:11, 8:13, 8:15,
39:9, 39:11, 39:13,
39:15, 39:17
Z
zoned [2] - 20:1, 21:5
zoning [6] - 15:1,
21:6, 21:12, 22:19,
23:19, 26:2
ZONING [1] - 1:10
Zoning [10] - 5:7, 9:8,
12:23, 14:16, 14:19,
30:4, 33:9, 35:24,
37:6, 38:18
zoom [1] - 27:13
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - July 8, 2026
7
Zoom [6] - 6:4, 28:15,
35:7, 36:19, 37:9,
38:15
SUMMARY:
The petitioner, Daniel Freidel, is seeking a variance approval for an approximate 0.36-acre parcel located
at 103 Strawberry Ln. The petitioner is requesting a variance to Section 10-3-9 Bulk and Dimensional
Standards of the Unified Development Ordinance (UDO), to reduce the required minimum rear yard setback
from forty (40) feet to fourteen (14) feet. The purpose of this request is to allow for the construction of
various additions to the home, including a bedroom, garage, and a screened porch to the existing residence.
The real property, zoned R-2 Single Family Traditional Residence District, is located on the northeast
corner of the Conover Court and Strawberry Lane.
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: August 12, 2026
Subject: PZC 2026-06 103 Strawberry Ln - Variance
Reduced Rear Yard Setback
PROPERTY BACKGROUND:
The property is zoned R-2 Single Family Traditional Residence District and located in the Countryside
Center subdivision, which was annexed into the City in 1971. It is comprised of one (1) parcel, PIN 02-20-
476-021, owned by the petitioner. The parcel is a reverse corner lot with curved frontage along Strawberry
Lane and is approximately 15,581 square feet. The petitioner resides in the one-story single-family home
constructed in 1978. Given that the Countryside Center subdivision area was developed prior to any modern
zoning regulations, the structures and parcels in the area tended to be uniquely placed and shaped. The
following summarizes the surrounding zoning classifications and land uses:
Zoning Land Use
North R-2 Single Family Traditional Residence Single-Family Residential
(Countryside Center)
South R-2 Single Family Traditional Residence Single-Family Residential
(Countryside Center)
East R-2 Single Family Traditional Residence
Single-Family Residential
(Countryside Center)
Open Space/Detention Basin
West R-2 Single Family Traditional Residence Single-Family Residential
(Countryside Center)
PROJECT DESCRIPTION:
The petitioner initially applied for a building permit for the proposed home additions. However, the
application was denied due to the inability to meet the minimum rear yard setback requirement. Per staff’s
suggestion, the petitioner is requesting variance approval to Section 10-3-9 Bulk and Dimensional
Standards in the Unified Development Ordinance to decrease the minimum rear yard setback for the R-2
Single Family Traditional Residence District from the required forty (40) feet to fourteen (14) for the
purpose of constructing an additional bedroom, garage, and screened porch to their existing residence. The
proposed additions will be approximately 1,473 square feet, as displayed in the table and floor plan below:
Proposed Home Additions Square Footage
Bedroom 336 square feet
Screened Porch 248 square feet
Garage 889 square feet
TOTAL 1, 473 square feet
R-2 DISTRICT BULK REGULATIONS:
Although the petitioner is requesting relief from the minimum rear yard setback requirement in the R-2
Single Family Residence District, the subject property complies with all other bulk regulations for the
district as detailed below:
Bulk Regulations Minimum Requirements Provided/Proposed
Front Yard 30 feet 30 feet
Side Yard 10 feet 10 feet
Side Yard Adjoining a Street 30 feet 30 feet
Rear Yard 40 feet ~28 feet existing
14 feet proposed
Maximum Lot Coverage 45% (7,011 sq. ft.) ~24% existing (3, 783 sq. ft.)
~34 % proposed (5, 256 sq. ft)
Due to its reverse corner lot configuration, the existing residence does not comply with the current required
rear yard setback. This condition significantly limits the buildable area on the property, making it difficult
to accommodate the proposed additions while complying with the 40-foot rear yard setback requirement.
Additionally, the surrounding R-2 reverse corner lots along Strawberry Lane were developed in the 1970s
prior to the adoption of the current zoning regulations. As a result, many of these properties are also
nonconforming with respect to the required 40-foot rear yard setback, with existing setbacks ranging from
5 to 31 feet. As shown in the table and photographs below, the proposed 14-foot rear yard setback is, in
fact, consistent with the established development pattern of the surrounding properties.
Address PIN Rear Yard
Setback
Required
Minimum Rear
Yard Setback
Year Built
103 Strawberry Ln 02-20-476-021 14 feet
(proposed) 40 feet 1978
101 Strawberry Ln 02-20-476-030 ~27 feet 40 feet 1978
102 Strawberry Ln 02-20-477-025 ~14 feet 40 feet 1978
104 Strawberry Ln 02-20-477-024 ~15 feet 40 feet 1977
119 Strawberry Ln 02-20-476-014 ~31 feet 40 feet 1978
120 Strawberry Ln 02-20-477-015 ~30 feet 40 feet 1978
121 Strawberry Ln 02-20-476-013 ~5 feet 40 feet 1973
122 Strawberry Ln 02-20-477-001 ~18 feet 40 feet 1975
YORKVILLE COMPREHENSIVE PLAN:
The 2016 Comprehensive Plan designates the future land use for this property as Suburban Neighborhood
(SN). Single family detached residential homes are the primary land use in Suburban Neighborhoods, areas
that comprise recently developed subdivisions both north and south of the Fox River in Yorkville.
The petitioner’s property will continue to be used as a single-family residential home. The proposed
improvements do not alter the residential character of the neighborhood and are consistent with the
Suburban Neighborhood (SN) land use designation. Therefore, the proposed home additions are consistent
with the 2016 Comprehensive Plan.
STAFF COMMENTS
The subject property was built in the 1970s prior to any modern zoning regulations and is a reverse corner
lot, which greatly limit the buildable area necessary for the proposed home additions. These unique parcel
conditions were not created by the current owner, and the proposed home additions remain consistent with
the residential character and the future land use designation for this property.
Furthermore, the reduced rear yard setback is not expected to negatively impact neighboring properties, as
the addition does not obstruct light or air for adjacent uses, and does not increase congestion or public safety
risks. The property will continue functioning as a single-family residential home, and is consistent with the
Comprehensive Plan’s Suburban Neighborhood (SN) designation. Taken together, these factors indicate
that the request satisfies the standards for hardship, uniqueness, public welfare, and Comprehensive Plan
consistency required for variance approval. Staff supports the request for variance.
STANDARDS FOR GRANTING A VARIANCE:
Per Section 10-8-9 of the Yorkville United Development Ordinance, the Planning and Zoning Commission
shall not grant a Variation from the regulations of this UDO unless it shall make findings based upon the
evidence presented that the standards for hardships set forth in the Illinois Municipal Code are complied
with in addition to the following:
1. A particular hardship to the owner would result because of the physical surroundings, shape, or
topographical conditions of the subject property, as distinguished from a mere inconvenience,
if the strict letter of the regulations were carried out.
2. The conditions upon which the petition for a Variation is based are unique to the subject property
and are not applicable, generally, to other properties within the same zoning district.
3. The difficulty or hardship is not created by any person presently having an interest in the
property.
4. The Variation will not be detrimental to the public welfare or injurious to other property
or improvements in the neighborhood in which the property is located.
5. The proposed Variation will not impair an adequate supply of light and air to adjacent property,
substantially increase the congestion in the public streets, increase the danger to the public, or
substantially diminish or impair property values within the neighborhood.
6. The proposed Variation is consistent with the official comprehensive plan and
other development standards and policies of the City.
The petitioner has provided answers to each of the criteria in the application which are included in
the packet for your review and will be entered into the public record as part of the public hearing
process.
PROPOSED MOTION:
In consideration of testimony presented during a Public Hearing on August 12, 2026 and approval of
the findings of fact, the Planning and Zoning Commission recommends approval to the City Council for
a request for bulk regulation variance to Section 10-3-9. Bulk and Dimensional Standards of the Unified
Development Ordinance, reducing the required minimum rear yard setback in the R-2 Single Family
Traditional Residence District from forty (40) feet to fourteen (14) feet, and subject to… {insert any
additional conditions of the Planning and Zoning Commission} …
ATTACHMENTS
1. Petitioner Application (with attachments)
2. Public Hearing Notice
3. Building Permit Application
Sold To:
United City of Yorkville - 119899
651 Prairie Pointe Drive
Yorkville, IL 60560
Bill To:
United City of Yorkville - 119899
651 Prairie Pointe Drive
Yorkville, IL 60560
Certificate of Publication:
Order Number: 105199
Purchase Order: 103 Strawberry Lane Variance
State of Illinois -
Chicago Tribune Media Group does hereby certify that it is the publisher of the Aurora Beacon News Classified. The Aurora Beacon
News Classified is a secular newspaper, has been continuously published Daily for more than fifty (50) weeks prior to the first
publication of the attached notice, is published in the City of Aurora, Township of Aurora, State of Illinois, is of general circulation
throughout that county and surrounding area, and is a newspaper as defined by 715 IL CS 5/5.
This is to certify that a notice, a true copy of which is attached, was published 1 time(s) in the Aurora Beacon News Classified. The first
publication of the notice was made in the newspaper, dated and published on 7/23/2026, and the last publication of the notice was
made in the newspaper dated and published on 7/23/2026.
This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1.
PUBLICATION DATES: 23 Jul 2026.
Aurora Beacon News Classified
In witness, an authorized agent of The Chicago Tribune Media Group has signed this certificate executed in Chicago, Illinois on this
24 Jul 2026, by
Chicago Tribune Company
_________________________________________
Jeremy Gates
Page 1 of 3
Page 2 of 3
Page 3 of 3
1
Summary
This memorandum presents a proposed text amendment to Chapter 4, Section 10-4-13 (Alternative
Energy Standards) of the Unified Development Ordinance (UDO). The amendment clarifies that financial
assurance for solar farm decommissioning must be provided in the form of a performance bond, surety
bond, or letter of credit and must remain in effect for the life of the project until decommissioning has
been completed. The proposed revisions are intended to ensure that adequate financial security is
continuously maintained to guarantee the removal of solar facilities and restoration of the site should the
project be abandoned or cease operations.
Chapter 4: Use Standards
Chapter 4: Use Standards of the Unified Development Ordinance (UDO) establishes development
standards for solar and wind energy systems within the City. For utility-scale solar developments, the
UDO requires the submission and approval of a Decommissioning Plan prior to issuance of a building
permit. The purpose of the plan is to ensure that the solar facility is removed, and the site restored at the
end of the project's useful life or if operations permanently cease. As part of the Decommissioning Plan,
the owner or operator must provide financial assurance sufficient to cover the City's estimated cost of
removing the facility and restoring the property should the owner fail to do so. The required security is
currently established at 120 percent of a professional engineer's certified estimate of the decommissioning
cost.
Although the UDO requires the decommissioning cost estimate to be updated every three (3)
years, or more frequently if deemed necessary by the Zoning Administrator, the current ordinance does
not expressly identify the acceptable forms of financial security or require that such security remain
continuously in effect throughout the life of the project. Staff recommends amending the ordinance to
clarify these requirements and eliminate any uncertainty regarding the City's ability to ensure long-term
financial protection.
Proposed Text Amendment
Currently, Section 10-4-13B-12.e of the Unified Development Ordinance states Decommissioning
Plan shall include, among other things, the following:
“Financial assurance, secured by the owner or operator, for the purpose of performing the
decommissioning, in an amount equal to one-hundred and twenty (120) percent of the professional
engineer's certified estimate of the decommissioning cost.”
Following a review of the current ordinance language, staff and the City Attorney recommend
replacing Section 10-4-13B-12.e with the following revised language (new text underlined):
Financial assurance, in the form of a letter of credit, performance bond or surety bond, secured by the
owner or operator, for the purpose of performing the decommissioning as required by the City Code, in
an amount equal to one hundred and twenty (120) percent of the professional engineer's certified
Memorandum
To: Planning and Zoning Commisssion
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: August 5, 2026
Subject: PZC 2026-08 Solar Farm Decommissioning Security Bonds
Proposed Text Amendment to Chapter 4: Use Standards of the UDO
2
estimate of the decommissioning cost, which letter of credit, performance bond or surety bond must
remain in place until the last solar panel has been decommissioned and the natural soil and vegetation
has been replaced to assure the City of the owner or operator’s ability to do all things required upon
decommissioning. Failure to maintain a letter of credit, performance bond or surety bond as
hereinabove required shall be cause for the immediate decommissioning of the solar farm.
Staff Comments
Staff recommends approval of the proposed text amendment. The revisions clarify the acceptable
forms of decommissioning security, require that such security remain continuously in effect until
decommissioning and site restoration are complete, and strengthen the City's ability to ensure that
abandoned or inactive solar facilities can be removed without financial risk to the City.
Proposed Motion:
In consideration of testimony presented during a Public Hearing on August 12, 2026 and discussions
conducted at that meeting, the Planning and Zoning Commission recommends approval to the City
Council of a request to amend Section 10-4-13 Alternative Energy Standards of the Unified
Development Ordinance regarding the form of acceptable financial security and duration such
financial security shall remain in effect for a solar farm decommissioning plan, as presented in a staff
memorandum dated August 5, 2026 and further subject to {insert any additional conditions of the
Planning and Zoning Commission}…
Attachments
1.Draft Ordinance
2. Proposed redlined amendments to Chapter 4. Use Standards, Section 13. Alternative Energy Use
Standards
3. Public Hearing Notice
Ordinance No. 2026 - ___
Page 1
ORDINANCE NO. 2026 - ___
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS AMENDING TITLE 10, CHAPTER 4 OF THE YORKVILLE CITY CODE
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a duly
organized and validly existing non-home rule municipal corporation created under the provisions
of Article VII, Section 7 of the Illinois Constitution of 1970 and the provisions of the Illinois
Municipal Code 65 ILCS 5/1-1-1 et seq. (the “Illinois Municipal Code”) as from time to time
supplemented and amended; and
WHEREAS, the Illinois Municipal Code provides that the corporate authorities of each
municipality may pass all ordinances and make all rules and regulations proper or necessary, to
carry into effect the powers granted to municipalities, with such fines or penalties as may be
deemed proper; and
WHEREAS, pursuant to Title 10, Chapter 4 of the City’s Unified Development Ordinance
of the Yorkville City Code (the “City Code”), specific standards and requirements are applicable
to solar and wind energy systems installed in the City; and,
WHEREAS, in an effort to address potential hazards when solar farms are deemed
abandoned and must be repaired or removed, prior to approval, Section 10-4-13 B.12 of the City
Code requires solar farms to submit a decommissioning plan to ensure the solar farm project is
properly decommissioned and the ground returned to is prior condition; and,
WHEREAS, the decommissioning plan for the entire solar farm or any non-functioning
panel or panels must include:
(a) Provisions describing the triggering events for decommissioning the solar farm
project. Any nonfunctioning solar panel/array of the project shall be
decommissioned within thirty (30) days unless the operator has shown the City’s
Zoning Administrator that it is diligently repairing such solar panel/array or
component.
(b) Procedures for the removal of structures, debris, and cabling, including those below
the soil surface.
Ordinance No. 2026 - ___
Page 2
(c) Provisions for the restoration of the natural soil and vegetation.
(d) An estimate of the decommissioning costs certified by a professional engineer, to
be updated every three (3) years or as determined necessary by the Zoning
Administrator. The Zoning Administrator may request an independent third-party
verification of the decommissioning costs at any time. The costs for this verification
shall be reimbursed by the applicant and/or operator.
(e) Financial assurance, secured by the owner or operator, for the purpose of
performing the decommissioning, in an amount equal to one-hundred and twenty
(120) percent of the professional engineer’s certified estimate of the
decommissioning cost.
(f) A provision that the terms of the decommissioning plan shall be binding upon the
owner or operator and any of his successors, assigns, or heirs; and
WHEREAS, it has been determined that the financial assurance required by the City Code
by Section 10-413 B.12.e should be in the form of a letter of credit, performance bond or surety
bond which must remain in place without interruption until all solar panels have been removed
and restoration of the natural soil and vegetation has been completed; and
WHEREAS, it has been determined that Section 10-4-13 B.12.e should be amended to
clarify the type and term of the required financial assurance as hereinafter provided.
NOW THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois as follows:
Section 1. Section 10-4-13 B.12.f of the United Development Ordinance of Title 10 of
the Yorkville City Code is hereby deleted in its entirety and the following be approved in its stead:
(e) Financial assurance, in the form of a letter of credit, performance bond or surety
bond, secured by the owner or operator, for the purpose of performing the
decommissioning as required by the City Code, in an amount equal to one hundred
and twenty (120) percent of the professional engineer's certified estimate of the
decommissioning cost, which letter of credit, performance bond or surety bond
must remain in place until the last solar panel has been decommissioned and the
natural soil and vegetation has been replaced to assure the City of the owner or
Ordinance No. 2026 - ___
Page 3
operator’s ability to do all things required upon decommissioning. Failure to
maintain a letter of credit, performance bond or surety bond as hereinabove required
shall be cause for the immediate decommissioning of the solar farm.
Section 2. 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 ________________, 2026.
KEN KOCH DAN TRANSIER
ARDEN JOE PLOCHER CRAIG SOLING
CHRIS FUNKHOUSER MATT MAREK
RUSTY HYETT RUSTY CORNEILS
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
______ day of _________________, 2026.
Mayor
Attest:
City Clerk
United City of Yorkville
Unified Development Ordinance Update 1
10-4-13. Alternative Energy Use Standards
A. General Requirements for all Alternative Energy Uses.
1. Applicability. The provisions of this Section are to establish zoning parameters by which solar
and wind energy systems may be installed in the City. Additional renewable energy solutions
not mentioned herein may be authorized subject to compliance with the applicable codes and
standards of the City.
2. Use. Solar and Wind Farms shall be an accessory to the principal permitted use of a site.
3. Abandoned Systems. All alternative energy systems inactive or inoperable for twelve (12)
continuous months shall be deemed abandoned. If the system is deemed abandoned, the
owner is required to repair or remove the system from the property at the owner's expense
within ninety (90) days after notice from the City. If the owner does not comply with said notice,
the Building Code Official shall enforce this as a violation of the Yorkville Zoning Ordinance.
4. Signage. No attention getting device is permitted on any alternative energy system. One (1)
sign shall be permitted to indicate the emergency contact information of the property owner or
operator. Said sign shall not exceed two (2) square feet in size. Graphics, colors, corporate
logos, and text on wind energy systems located within business or manufacturing zoned
properties are permitted, subject to the discretion of the City Council.
5. Safety. All wind energy systems shall be equipped with manual and/or automatic controls and
mechanical brakes to limit rotation of blades to prevent uncontrolled rotation.
6. Lighting. Alternative energy systems shall not be illuminated, except as required by the FAA or
those used in commercial applications such as streetlights.
7. Shadow Flicker. No habitable portion of an existing adjacent structure shall be subject to
shadow flicker from a wind turbine. Shadow flicker onto an adjacent roof and/or exterior wall
which does not contain any windows, doors, and like openings shall be acceptable. If shadow
flicker occurs, the operation of the wind turbine shall cease during those times which cause the
shadow flicker.
8. Screening. There shall be no required mechanical screening for alternative energy systems.
9. Design. Wind energy systems and associated tower shall be a nonreflective color. The City
Council may impose such conditions as are necessary to eliminate, if at all possible, any
adverse effects such system may have on surrounding properties.
10. Compliance. Wind energy systems shall meet or exceed current standards of the international
building code and Federal Aviation Administration (FAA) requirements, any other agency of the
state or federal government with the authority to regulate wind energy systems, and all City
codes.
11. Building Code/Safety Standards. Any owner or operator of an alternative energy system shall
maintain said system in compliance with the standards contained in the current and applicable
state or local building codes and any applicable standards for said energy systems that are
published by the International Building Code, as amended from time to time. If, upon inspection,
the United City of Yorkville concludes that an alternative energy system fails to comply with
such codes and standards and constitutes a danger to persons or property, the City Code
Official shall require immediate removal of the system at the owner's expense.
United City of Yorkville
Unified Development Ordinance Update 2
B. Solar Farm.
1. No solar farm shall be erected on any lot less than three (3) acres in size.
2. A solar farm use may occupy up to eight-five (85) percent of a given parcel in the M-1 or M-2
District or up to eighty (80) percent of a given parcel in any other District.
3. A certified professional engineer shall certify that the foundation and design on the solar panels
are within accepted professional standards, given local soil and climate conditions.
4. Power and communication lines running between banks of solar panels and to electric
substations or interconnections with buildings shall be buried underground.
a. Evidence shall be provided that the electric utility service provider that serves the proposed
site has been notified of the owner’s intent to install an interconnected customer owned
electricity generator.
5. Off-street parking provided on site shall be paved. Gravel or other unpaved materials shall be
prohibited.
6. Systems, equipment, and structures shall not exceed thirty feet (30) in height when ground
mounted.
7. Groundcover as specified in Section 10-5-3(A)(7) shall be provided beneath all solar panels.
8. Ground mounted solar energy collection systems as part of a solar farm shall have a minimum
setback for all equipment, excluding fences, of:
a. Front and Corner Yards: one hundred (100) feet,
b. Side and Rear Yards: fifty (50) feet from nonresidential property lines and one hundred
(100) feet from residential property lines.
c. Buffer Areas: one thousand (1,000) feet from the nearest solar array to roadway networks,
as defined in Figure 7.1: Existing Roadway and Rail Network of the 2016 United City of
Yorkville Comprehensive Plan Update.
d. Fox River: one thousand (1,000) feet from the nearest solar array to the edge of the bank of
the Fox River.
9. Systems, equipment, and structures shall be fully enclosed and secured by a fence or wall with
a height of eight (8) feet. Knox boxes and keys shall be provided at locked entrances for
emergency personnel access.
a. Warnings.
(1) Warning signs shall be provided at the entrance to the facility and along the
perimeter of the solar farm in locations determined necessary by the Zoning Officer.
(2) The signs shall be less than four (4) square feet and made with letters and numbers
at least three (3) inches in height and shall include the 911 address and an
emergency phone number of the operator which shall be answered twenty-four (24)
hours a day by a live operator. A nonemergency phone number for the operator
shall also be displayed.
10. Outdoor Storage. Only the outdoor storage of materials, vehicles, and equipment that directly
support the operation and maintenance of the solar farm shall be allowed except for outdoor
storage that is expressly allowed in the zoning district specified elsewhere in this title.
United City of Yorkville
Unified Development Ordinance Update 3
11. Materials Handling, Storage, and Disposal.
a. All solid wastes related to the construction, operation, and maintenance of the solar farm
shall be removed from the site promptly and disposed of in accordance with all federal,
state, and local laws.
b. A list of hazardous fluids that may be used on site shall be provided. All hazardous
materials related to the construction, operation, and maintenance of the solar farm shall be
handled, stored, transported, and disposed of in accordance with all applicable local, state
and federal laws.
12. Decommissioning Plan. Prior to receiving approval, the applicant shall submit a
decommissioning plan to ensure that the solar farm project is properly decommissioned, which
shall include:
a. Provisions describing the triggering events for decommissioning the solar farm project. Any
nonfunctioning solar panel/array of the project shall be decommissioned within thirty (30)
days unless the operator has shown to the Zoning Administrator that it is diligently repairing
such solar panel/array or component.
b. Procedures for the removal of structures, debris, and cabling, including those below the soil
surface,
c. Provisions for the restoration of the natural soil and vegetation,
d. An estimate of the decommissioning costs certified by a professional engineer, to be
updated every three (3) years or as determined necessary by the Zoning Administrator.
The Zoning Administrator may request an independent third-party verification of the
decommissioning costs at any time. The costs for this verification shall be reimbursed by
the applicant and/or operator.
e. Financial assurance, in the form of a letter of credit, performance bond or surety bond,
secured by the owner or operator, for the purpose of performing the decommissioning as
required by the City Code, in an amount equal to one-hundred and twenty (120) percent of
the professional engineer's certified estimate of the decommissioning cost., which letter of
credit, performance bond or surety bond must remain in place until the last solar panel has
been decommissioned and the natural soil and vegetation has been replaced to assure the
City of the owner or operator’s ability to do all things required upon decommissioning.
Failure to maintain a letter of credit, performance bond or surety bond as hereinabove
required shall cause for the immediate decommissioning of the solar farm.
f. A provision that the terms of the decommissioning plan shall be binding upon the owner or
operator and any of his successors, assigns, or heirs.
Sold To:
United City of Yorkville - 119899
651 Prairie Pointe Drive
Yorkville, IL 60560
Bill To:
United City of Yorkville - 119899
651 Prairie Pointe Drive
Yorkville, IL 60560
Certificate of Publication:
Order Number: 106684
Purchase Order: Text Amendment - S.F. Decommissioning Bond
State of Illinois - Kane
Chicago Tribune Media Group does hereby certify that it is the publisher of the Aurora Beacon News Classified. The Aurora Beacon
News Classified is a secular newspaper, has been continuously published Daily for more than fifty (50) weeks prior to the first
publication of the attached notice, is published in the City of Aurora, Township of Aurora, State of Illinois, is of general circulation
throughout that county and surrounding area, and is a newspaper as defined by 715 IL CS 5/5.
This is to certify that a notice, a true copy of which is attached, was published 1 time(s) in the Aurora Beacon News Classified. The first
publication of the notice was made in the newspaper, dated and published on 7/24/2026, and the last publication of the notice was
made in the newspaper dated and published on 7/24/2026.
This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1.
PUBLICATION DATES: 24 Jul 2026.
Aurora Beacon News Classified
In witness, an authorized agent of The Chicago Tribune Media Group has signed this certificate executed in Chicago, Illinois on this
25 Jul 2026, by
Chicago Tribune Company
_________________________________________
Jeremy Gates
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