While a resident’s lawsuit filed against the city of Yorkville to halt the 1,037 acre Project Cardinal data center project began with a lot of fanfare, the litigation appears likely headed for a quiet settlement.
During a hearing at the Kendall County Courthouse in front of Judge Robert Pilmer on Dec. 30, the lawyers representing all parties said they are working on a settlement. All parties agreed to a next court date of Jan. 16.
Neither side disclosed a possible monetary amount or specific details of the settlement or if the amount would be revealed during the Jan. 16 hearing.
John Bryan’s lawsuit argues the data center campus and its construction with 14 two-story warehouses built over a decade or more, will negatively impact his property values and quality of life.
Bryan filed his initial lawsuit against the city to stop the project from going through on Oct. 28. The City Council approved the planned unit development for data center on Nov. 10.
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At a Dec. 19 hearing, Pioneer Development LLC requested and was granted permission to join the case as a defendant.
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Project Cardinal is lined-up to be the city’s largest-ever manufacturing undertaking.
The project plans include a 625-foot setback from the warehouses to Bristol Bay subdivision and a 1,200-foot setback from Equestrian Estates. Its location is northwest of Illinois Route 47 and Galena Road, south of Baseline Road, and east of Ashe Road.
Bryan’s legal team is claiming the city’s comprehensive plan slates the area solely for residential and not for manufacturing. The lawsuit calls the city’s actions to rezone the property to manufacturing “arbitrary, capricious, and illegal.”
During a City Council meeting earlier this year, Bryan demonstrated the expected noise pollution generated from the data center campus by blaring the decibels through a speaker.
City administrator Bart Olson previously said data centers will be required to keep their noise pollution under the city’s ordinance.
The city is making the developers of each project undergo a sound engineering and noise pollution study. However, so far the sound studies have not included information related to the lengthy periods of construction.
City officials and alderman have previously said they envision 3,000 acres of former agricultural land along the Eldamain Corridor becoming Yorkville’s own data center alley. The city has moved forward several data center projects outside of Project Cardinal, including the 502-acre Project Steel.
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At several city council meetings over several months, many residents voiced their opposition to the projects. Some residents said they would rather move away from their Yorkville neighborhoods rather than live next to manufacturing behemoths.
Several residents claimed the construction alone will negatively impact their quality of life for more than a decade to come.
Several members of local trade unions spoke at a city council meeting in favor of the project saying it will create construction jobs.
The city has argued that tax revenues generated by data centers will be a game-changer for the community.
Olson said at full build-out, the Project Cardinal development is projected to generate between $35 million and $70 million in property taxes annually for Yorkville School District 115.
In addition, each individual warehouse will generate between $1.4 million to $2.9 million in utility taxes. This translates to $20 million to $40 million at full build-out.
Mayor John Purcell has asked some of the developers to write an up-front check to the school district before full city approval is granted.
After hours of debate spread across multiple city meetings, the PUD for Project Cardinal was passed unanimously by City Council.
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