Kendall County Times

City of Yorkville Planning and Zoning Commission met June 12.

Here are the minutes provided by the commission:

Meeting Called to Order

Commissioner Danny Williams called the meeting to order at 7:00pm, roll was called and a quorum was established.

Roll Call

Greg Millen-yes, Rich Vinyard-yes (via Zoom), Danny Williams-yes, Ryan Forristall-yes, Rusty Hyett-yes, Reagan Goins-yes

City Staff

Krysti Barksdale-Noble, Community Development Director

Sara Mendez, Planner1

Other Guests

Chris Vitosh, Vitosh Reporting Service

Russ Whitaker, Rosanova & Whitaker

Lynn Dubajic Kellogg, City Consultant

Matt Gilbert, Green Door Capital

Nicholas Dodd Connie McMahan

Mark & Liz Thompson

Don Bartalone, Kendall Marketplace

Mary Maher Bartalone, Kendall Mktpl.

Sam Woodworth, WSPY

Dave & Nancy Peat, Kylyn's Ridge

Shawn Thomas, IBEW

Roger Blomgren, Baird & Warner Bradd Hout

Sam ?, via Zoom Ryan Fitzgerald via Zoom

Larry Hagemann via Zoom Ryan/FVBRA staff via Zoom

David Petesch, Kendall County Record, via Zoom

Brian??

Mike Reisenbach???

Lisa??

Bailey Karabotham??? BB Shore Lane

Previous Meeting Minutes May 8, 2024

Motion by Reagan Goins and second by Richard Vinyard to approve the minutes as presented. Roll call: Vinyard-yes, Williams-yes, Forristall-yes, Hyett-yes, Goins-yes, Millen-yes. Carried 6-0.

Citizen’s Comments None

Public Hearings

Commissioner Williams explained the procedure for the 3 Hearings and swore in those who would give testimony. He also explained the order for presenting testimony. A motion was made by Ms. Goins to open the Public Hearings, seconded by Mr. Hyett. Public Hearings opened at 7:04pm. Roll call: Vinyard-yes, Williams-yes, Forristall-yes, Hyett-yes, Goins-yes, Millen-yes. Carried 6-0. Mr. Williams read each Public Hearing description.

1. PZC 2024-07 Kelaka, LLC, Green Door Capital, petitioner/contract purchaser and Kelaka, LLC, owners, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification. The real property is generally located south of the Burlington Northern Santa Fe railroad line, southeast of Faxon Road. The petitioner is requesting rezoning approval from R-1 Single-Family Suburban Residential District to M-2 General Manufacturing District (contingent on approval of annexation by the City Council) consisting of approximately 148.56 acres.

2. PZC 2024-08 Hagemann Trust, Green Door Capital, petitioner/contract purchaser, and Hagemann Family Trust, owners, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification. The real property is generally located immediately east of Eldamain, north of Corneils Road and west of West Beecher Road. The petitioner is requesting rezoning approval from R-1 Single Family Suburban Residential District to M-2 General Manufacturing District (contingent on approval of annexation by the City Council) for three (3) parcels, consisting of approximately 138.44 acres.

3. PZC 2024-15 C1 Yorkville, LLC, petitioner, and Yorkville Nexus LLC, owners, have filed applications with the United City of Yorkville, Kendall County, Illinois, requesting special use authorization for a Planned Unit Development (PUD) and preliminary PUD Plan approval for a data center campus. The real property is generally located immediately east of Eldamain Road, north of the Burlington Northern Santa Fe railroad and Faxon Road and west of Beecher Road consisting of approximately 230 acres.

At approximately 8:19pm a motion was made by Ms. Goins and seconded by Mr. Millen to close the Public Hearing. Roll call: Williams-yes, Forristall-yes, Hyett-yes, Goins-yes, Millen-yes, Vinyard-yes. Carried 6-0.

Unfinished Business None

New Business

1. 2024-07 Kelaka LLC (see above for full description)

Background: Ms. Noble explained what data centers are used for and said these locations are suitable since a large ComEd sub-station is close for the large amount of power data centers use. She said the property owner has the right to petition for annexation without notifying adjacent property owners. When the code is not being observed exactly, the public has the right to provide comment. She said state law dictates how nearby property owners are notified of rezoning, etc. The law says owners within 250 feet must be notified and the city actually does 500 feet. Since all property coming into the city defaults to R-1 zoning, this is the reason for the rezoning request. Staff supports this request to rezone to M-2.

NOTE: The petitioner provided responses to the rezoning request and would like them to be included in the official record.

Discussion: Commissioner Williams was concerned that there was no PUD on the Kelaka and Hagemann requests and that the petitioners could rezone them to M-2 and possibly sell them to someone who has no intention of using them for data centers. However, he said data centers would greatly add to the tax base. There are 2 specific homeowners who will be affected and he believes their property values will be lowered as a result. He asked if the petitioner had reached out to the owners about purchasing their land. Mr. Gilbert said the petitioner had not and he believes the property value would actually increase. He added the petitioner has no plans for the sites at this time.

Action Item

Rezone

Commissioner Williams entertained a motion to approve PZC 2024-07 Kelaka. So moved and seconded by Mr. Vinyard and Mr. Forristall, respectively. The rezoning standards were reviewed at this time and the motion as follows was read by Ms. Goins.

Motion: In consideration of testimony presented during a Public Hearing on June 12, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council a request for rezoning from R-1 Single-Family Residential to M-2 General Manufacturing District for a proposed future industrial/data center, contingent upon approval of annexation by the City Council, for a property generally located south of the Burlington Santa Fe railroad line, just southeast of Faxon Road.

Roll call: Forristall-yes, Hyett-yes, Goins-yes, Millen-yes, Vinyard-yes, Williams-yes. Carried 6-0.

2. PZC 2024-08 Hagemann Trust (see full description above)

Background Ms. Noble said this property consists of 3 parcels north on Eldamain Rd., unincorporated and zoned A-1 in Kendall County, with a request to rezone to M-2. The city entered into an IGA in 2011 with Plano and Kendall County in regards to reconstruction of Eldamain from Menards north to Galena. Kendall County assumed jurisdiction and made improvements at $6.3 million. The 3 entities decided to split that cost and Yorkville's share was $3.8 million. Any property that would annex to that area with frontage, would have to pay their share. At that time the cost was deemed to be $336 per linear foot and will be determined at a later time. Grants may also be received. In 2019 the city revised the Comp Plan and all land use from the currently annexed portion (Bright Farms area) north to Baseline Rd. is zoned for manufacturing/general industrial. She said staff is supportive of the annexation and rezoning request. Mr. Williams noted this property has the 2 homeowners that would be part of the annexation.

Action Item

Rezone

A motion was made by Mr. Vinyard to approve PZC 2024-08 Hagemann Trust and seconded by Mr. Forristall. The zoning standards were reviewed and Mr. Williams noted that the 2 property owners, their children and livelihood will be impacted. Roll call: Forristall-yes, Hyett-yes, Goins-yes, Millen-no, Vinyard-yes, Williams-no. Carried 4-yes, 2-no.

3. PZC 2024-15 C1 Yorkville, LLC (see full description above)

Background: Ms. Noble said the request is for a PUD and preliminary plan. The PUD is a group of variances granted to development based on the developer providing a higher level of benefit to the city. She said there are 12 standards that can be requested for PUD status and only one standard is needed. The standard being met by the petitioner is regional public utilities improvements, water & sanitary. Other developers in the area will become beneficiaries of connecting to those utilities. The preliminary plan has 13 deviations and she reviewed 10 of those, some of which are setbacks, parking, vehicular cross access, loading space, landscaping. Ms. Noble noted that the city has hired a sound engineer to do a sound evaluation.

NOTE: The petitioner has requested that the Special Use and PUD standards be entered into the public record.

Action Item

PUD & Preliminary PUD Plan

A motion was made and seconded by Ms. Goins and Mr. Millen, respectively, to approve PZC 2024-15 C1 Yorkville, LLC. Mr. Williams reviewed the standards for Special Use and PUD. He noted that construction hours have been an issue and could be addressed with the city.

Motion: Ms. Goins read the Special Use motion as follows: In consideration of testimony presented during a Public Hearing on June 12, 2024 and approval of findings of fact, the Planning and Zoning Commission recommends approval to the City Council of a request for Special Use authorization of a Planned Unit Development for a data center campus to be located at the northeast corner of Faxon Road and Eldamain Road subject to the conditions enumerated in a staff memorandum dated June 4, 2024 and further subject to class D perimeter landscaping around 3 sides along Eldamain, Beecher and Faxon Roads.

Roll call: Forristall-yes, Hyett-yes, Goins-yes, Millen-yes, Vinyard-yes, Williams-yes. Carried 6-0.

It was moved and seconded by Ms. Goins and Mr. Hyett, respectively for approval of the PUD for PZC 2024-15 C1 Yorkville, LLC. Motion: Ms. Goins read the motion as follows: The Planning and Zoning Commission recommends approval to the City Council of the Cyrus One – Yorkville, Illinois Preliminary PUD Plan prepared by Olsson and dated May 21, 2024 and further subject to Class D landscaping along Eldamain, Faxon Road and Beecher Road. Roll call: Hyett yes, Goins-yes, Millen-yes, Vinyard-yes, Williams-yes, Forristall-yes. Carried 6-0.

Additional Business

1. Appointment of Vice Chair

A Commission Chairman has not been appointed by the Mayor as of yet. Mr. Williams nominated Mr. Vinyard to continue as the Vice-Chair and Ms. Goins seconded. Roll call: Goins-yes, Millen-yes, Vinyard-yes, Williams-yes, Forristall-yes, Hyett-yes. Carried 6-0.

2. City Council Action Updates

Ms. Mendez stated that all action items listed on the agenda had been approved.

Adjournment

There was no further business and the meeting was adjourned at 8:57pm on a unanimous voice vote.

https://www.yorkville.il.us/ArchiveCenter/ViewFile/Item/5773