Kendall County Times

City of Yorkville Planning and Zoning Commission met March 12.

Here are the minutes provided by the commission:

Meeting Called to Order

Chairman Richard Vinyard called the meeting to order at 7:00pm, roll was called and a quorum was established.

Roll Call

Danny Williams-yes, Ryan Forristall-yes, Rusty Hyett-yes, Michael Crouch-yes, Chad Green-yes, Marge Linnane-yes, Richard Vinyard-yes

City Staff

Krysti Barksdale-Noble, Community Development Director

Sara Mendez, Planner1

David Hansen, Senior Planner

Megan Lamb, City Attorney

Lynn Dubajic Kellogg, City Consultant

Katelyn Gregory, Economic Development Coordinator

Other Guests

Chris Vitosh, Vitosh Reporting Service

Austin Kaczmarek, WSPY

Dr. Joan McArthur, Maplehurst Racing

Darren Crawford

Kelly Helland, Attorney

Michael Keith, Atwell

Matthew Kwiatkowski, Nexamp

Hanna Udiscus, Nexamp

Jen Rakas Drew Daniels via Zoom

Robert Loftus Caitlyn Preast, Atwell

Lauren Hillis, Atwell

Previous Meeting Minutes February 12, 2025

Motion by Mr. Crouch and second by Mr. Hyett to approve the minutes as presented. Roll call: Forristall-yes, Hyett-yes, Crouch-yes, Green-yes, Linnane-yes, Vinyard-yes, Williams-yes Carried 7-0

Citizen’s Comments None

Public Hearings

Chairman Vinyard explained the procedure to be followed, the taking of testimony and he swore in those who would speak. He also made a statement about decorum and order for the meeting.

Chairman Vinyard entertained a motion to open the Hearings. At approximately 7:04pm a motion was made and seconded by Mr. Williams and Ms. Linnane, respectively, to open the Public Hearings. Roll call: Forristall-yes, Hyett-yes, Crouch-yes, Green-yes, Vinyard-yes, Williams-yes, Linnane. Carried 7-0.

The Public Hearings were read by Chairman Vinyard:

1. CONTINUED (from February 12, 2025) PZC 2024-22 Beecher Road Solar, LLC, contract lessee, and Gary and Betty Bennett, property owners, petitioners, have filed applications with the United City of Yorkville, Kendall County, Illinois, requesting special use authorization and a bulk regulation variance approval. The real property is generally located immediately north of Corneils Road, approximately 1,500 feet west of Beecher Road, and approximately 4,000 feet west of IL Route 47 (N. Bridge Street) consisting of approximately 70 acres. The petitioners are requesting special use permit approval pursuant to Section 10-8-5 of the Unified Development Ordinance for a solar farm. Lastly, the petitioners are requesting a bulk regulation variance to Section 10-4-13- 8.c of the Unified Development Ordinance, seeking a reduction from the required one thousand (1,000) foot setback from the nearest solar array to roadway network to 482 feet from Corneils Road.

2. PZC 2025-01 DMYF-Loftus – Drew Daniels, on behalf of Daniels Malinski Yorkville Family, LLLP, petitioner/owner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification. The real property consists of two (2) parcels totaling approximately 53.7 acres and is generally located north of Faxon Road, east of Beecher Road, and south of the Burlington Northern Santa Fe (BNSF) railroad. The petitioner is requesting rezoning approval from A-1 Agricultural District to M-2 General Manufacturing District for a future data center.

(See Court Reporter's transcript of Public Hearings)

(Petitioner's Responses to be included in the Official Record)

At approximately 7:41pm a motion was made by Ms. Linnane and seconded by Mr. Williams. to close the Public Hearings. Roll call: Linnane-yes, Vinyard-yes, Williams-yes, Forristall-yes, Hyett-yes, Crouch-yes, Green-yes Carried 7-0.

Unfinished Business None

New Business

1. PZC 2024-22 Beecher Road Solar, LLC (see full description in #1 above) Ms. Mendez said the plans were amended from the original one and they changed the setback to 917.3 feet from 482 feet and reduced the acreage to 20.3 acres. Solar arrays were also reduced from 11,616 to 11,201. This is an expansion of the solar project that was done last year. The combined approved and proposed solar farms occupy 54.9% of the total of 94 acres. A glare study was done and potential glare was not found to be an issue. Ms. Mendez also discussed the security guarantee and blanket easement. Staff recommended that review letters from EEI become conditions of the Special Use. She also reviewed changes in the fence which will be part of the conditions for the Special Use. With the revised plan, staff now supports this project and the petition will move forward to the April 8th City Council.

The standards of the Special Use were reviewed by Ms. Mendez and the Commissioners agreed with each standard.

Action Item

Special Use

Moved by Mr. Williams and seconded by Ms. Linnane to approve PZC 2024-22 Beecher Road Solar LLC special use request. Mr. Williams read the motion as follows. Motion: In consideration of testimony presented during a Public Hearing on March 12, 2025 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council a request for Special Use authorization to construct a freestanding solar energy system, or solar farm, as depicted in plans prepared by Atwell and submitted by Nexamp dated last revised 2-14-25 for approximately 20.3 acres located immediately north of Corneils Road, approximately 1,500 feet west of Beecher Road, and approximately 2,600 feet west of IL Route 47 (N. Bridge Street), subject to staff recommendations in a memo dated February 21, 2025.

Roll call: Green-yes, Linnane-yes, Vinyard-yes, Williams-yes, Forristall-yes, Hyett-yes, Crouch yes. Carried 7-0.

Ms. Mendez read the standards for the Variance and the Commissioners agreed with each standard.

Action Item

Variance

A motion was made and seconded by Mr. Williams and Mr. Hyett, respectively, to approve PZC 2024-22 Beecher Road Solar, LLC variance request. Mr. Williams read the motion as follows. Motion: In consideration of testimony presented during a Public Hearing on March 12, 2025 and discussion 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 10-4-13.B.8.b of the Unified Development Ordinance, reducing the south property lines setback from 1,000 feet to 917.3 feet. Roll call: Vinyard-yes, Williams-yes, Forristall-yes, Hyett-yes, Crouch-yes, Green-yes, Linnane yes. Carried 7-0.

2. PZC 2025-01 DMYF-Loftus – Drew Daniels (see full description above #2) Ms. Noble said Mr. Daniels represents the petitioner who is seeking to rezone 2 parcels totaling 53.7 acres and includes portions of others parcels that comprise this area. This request excludes Mr. Loftus' 8-acre property and the petitioner would like to rezone the remaining property from A-1 to M-2.

Providing some history for this petition, Director Noble said Mr. Loftus' property to the north is being leased for a solar farm. It was approved, annexed and zoned A-1. The annexation plat inadvertently included Mr. Loftus' parcel south of the railroad tracks. Staff is now working with Mr. Loftus to carve out his parcel and the legalities are being considered. The 8-acre parcel will remain as Ag at this time. Ms. Noble described the current land uses surrounding properties.

Staff looked at how the zoning would affect the surrounding land uses and recommended certain conditions. One is a buffer and setback transition zone, 2) site plan review, 3) no buildings in 400 foot buffer to nearest home, 4) maximum height of buildings. The city decided on a 70-foot maximum building height including mechanicals at a City Council meeting on the previous night. Staff asked for Mr. Daniels' input. Mr. Daniels replied he will not be the final developer and a possible variance could be requested by a future developer.

The Commission briefly discussed the 400 foot buffer. No homes will be allowed in that zone said Ms. Noble and it insures that a data center building will not be built right next to an existing residential lot, since the M-2 zoning only requires a 25-foot setback from a property line. Ms. Noble said in the future, there would likely be a land plan in place to establish regulations. Mr. Green asked about a comment referring to 1,500 feet. If a building is within 1,500 feet of an existing home, it cannot be taller than 70 feet.

Mr. Loftus asked if there will be a buffer on his property. Ms. Noble said he will have a berm and 100 foot landscape buffer.

The standards for this rezoning request were read by Ms. Noble and the Commissioners agreed to each.

Action Item

Rezone

So moved by Mr. Williams and seconded by Mr. Hyett to approve PZC 2025-01 DMYF-Loftus – Drew Daniels rezoning request. Mr. Williams read the motion as follows. Motion: In consideration of testimony presented during a Public Hearing on March 12, 2025 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council a request for rezoning from A-1 Agricultural District to M-2 General Manufacturing District for a proposed future data center, for two (2) parcels totaling approximately 53.7 acres, including parcel #02-18-400-006 and portions of parcels #02-19-200-001 and #02-17-300-002, excluding an approximately 8-acre existing homestead owned by the Robert M. and Ildefonsa Loftus Living Trust, generally located north of Faxon Road, east of Beecher Road, and south of the Burlington Northern Santa Fe (BNSF) railroad further subject to including Mr. Loftus' parcel and a 100-foot landscape buffer with an 8-foot tall berm.

Roll call: Forristall-yes, Hyett-yes, Crouch-yes, Green-yes, Linnane-yes, Vinyard-yes, Williams yes. Carried 7-0.

Additional Business

1. Year in Review 2024

Senior Planner David Hansen said the report was created by Community Development staff and it is also on-line for public viewing. It reflects housing growth, number of permits issued, Planning & Zoning projects and construction revenue. Five Final Plats were also issued for Grande Reserve. Text amendments were also done. The report also highlighted new and existing businesses. Also, he also noted 10 years of IGA collaboration with Kendall County, new employees joined the Community Development department and the city anticipates many new projects in 2025, including data centers.

City Council Action Updates

a. PZC 2024-32 Kyle Corniels, relief from Unified Development Ordinance. (See full description on meeting agenda. Approved by City Council.

Adjournment

There was no further business and the meeting was adjourned at 8:29pm on a motion by Mr. Williams and second by Mr. Hyett. Unanimous voice vote approval.

https://www.yorkville.il.us/ArchiveCenter/ViewFile/Item/6202