PLANNING AND ZONING COMMISSION AGENDA ITEM
ACTION REQUESTED:
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Reconvene the public hearing for 1960 Lucent Lane (Karis Critical Data Center) - DEV-0057-2025, including but not limited to consideration of Petitioner’s request to present a rebuttal witness whose testimony will be limited to the regulatory framework and air permitting associated with emissions at the proposed Karis Critical Data Center.
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Sara Kopinski, AICP
ENTITLEMENTS REQUESTED:
1. A conditional use pursuant to Section 6-8B-3 of the Code to allow the operation of one data center;
2. A variance from Section 6-9-3 of the Code to reduce the required parking for a data center from 211 spaces to 60 spaces;
3. A variance from Section 6-2-12:3 of the Code to increase the maximum permitted height of the proposed equipment yard screen wall from 15 feet to 22 feet.
BOARD/COMMISSION REVIEW:
Official notice for the public hearing for DEV-0057-2025 was published in the Naperville Sun on Sunday, August 3, 2025.
On August 20, 2025, the PZC opened and continued the public hearing for DEV-0057-2025 to September 3, 2025.
On September 3, 2025, the PZC reconvened the public hearing, began petitioner and public testimony, and continued the public hearing to October 15, 2025.
On October 15, 2025, the PZC reconvened the public hearing, resumed petitioner and public testimony, and continued the public hearing to November 5, 2025.
On November 5, 2025, the PZC reconvened the public hearing, completed public testimony, began the Petitioner’s closing remarks, and continued the public hearing to November 19, 2025, to resume the Petitioner’s closing remarks and PZC deliberation.
BACKGROUND:
The subject property consists of approximately 40.87 acres of vacant land located at 1960 Lucent Lane. It is currently zoned ORI (Office, Research and Light Industry District) and is located along the City’s I-88/Diehl Road corridor. The I-88/Diehl Road corridor is largely developed with buildings used for office or institutional purposes.
Karis Critical Member, LLC proposes development of a data center on the subject property. The data center campus will be comprised of one building used for the warehouse of computer systems and associated components that process and distribute large amounts of data.
The City’s Land Use Master Plan (LUMP) designates the subject property as Medium Density Residential; however, this designation does not override the property’s current zoning designation of ORI. No zoning changes are being requested with the Petitioner’s proposal, as data centers are a conditional use in the ORI district.
DISCUSSION:
Consideration of Reopening the Petitioner’s Presentation and the Public Testimony and Comment for a Limited Purpose.
On Thursday, November 13th, Russ Whitaker, legal counsel for Petitioner, submitted a letter to Allison Laff, Deputy Director of Transportation, Engineering and Development (attached to this agenda item). The letter requests an opportunity to present a rebuttal witness before the PZC to testify regarding the regulatory framework and air permitting associated with emissions at the proposed Karis Critical Data Center.
If the PZC decides to accommodate Petitioner’s request, the Chair would entertain a motion to reopen the Petitioner’s Presentation and the Public Comment and Testimony components of the public hearing solely for the limited purpose of receiving additional testimony or evidence, including cross-examination, related to the regulatory framework and air permitting associated with emissions at the proposed Karis Critical Data Center.
If the motion is seconded and approved by a majority vote, counsel for Petitioner will be allowed to reopen his presentation for this limited purpose. The PZC and members of the public will have an opportunity to ask questions of the witness. Upon conclusion of this limited reopening of Petitioner’s presentation, the Chair will declare the Petitioner’s presentation complete and will then reopen the Public Comment and Testimony portion of the public hearing. This will allow members of the public to provide testimony or evidence strictly related to the limited purpose of the regulatory framework and air permitting associated with emissions at the proposed Karis Critical Data Center. The PZC, Petitioner, and members of the public will have the opportunity to ask questions of any individuals providing such testimony or evidence.
Once the Chair determines that all additional testimony on the limited issue has been received, the Chair will close the Public Comment and Testimony portion of the public hearing after which no further public comment will be permitted. Counsel for Petitioner will then deliver concluding remarks.
Following the Petitioner’s concluding remarks and any questions from the PZC, the PZC may move to close the public hearing and vote on a recommendation regarding the Karis Petition or may move to continue the hearing to a specified date for any reason deemed appropriate by the PZC.
Recommended Conditions
(Please note: These conditions have been modified from what was provided in the staff report for the November 5th PZC meeting)
Staff recommends approval of Petitioner’s request subject to the conditions provided below and execution of an approved Owner’s Acknowledgement and Acceptance Agreement. Conditions may be revised and additional conditions proposed as noted in #16 below.
1. Prior to any building permit issuance for the subject property, Petitioner shall coordinate with City staff and the Naperville Development Partnership (NDP) to submit a plan for gateway signage and landscaping to be installed at the intersection of Naperville Road and Warrenville Road for the Karis Data Center. Said gateway signage and landscaping shall be installed and approved prior to issuance of any occupancy permits for the Subject Property. The Director of the City’s Transportation, Engineering, and Development (TED) Department may grant an extension to the landscape installation deadline provided the petitioner submits a written request setting forth the reasons for the requested delay and providing a specific timeframe by which the approved landscape installation shall be completed and approved. Petitioner and all future owners shall maintain the approved landscaping in good condition.
2. All rooftop mechanical units and other mechanical units on the Subject Property shall be screened to the full height of the units/equipment by the building parapet wall as required by Section 5-10-3:12 of the Naperville Municipal Code. If any mechanism besides a parapet wall is proposed to be utilized for rooftop screening, it will require the review and written approval of the City Zoning Administrator.
3. The Petitioner shall conduct annual noise analyses to determine if any of the nine octave bands, at the closest residential receptor, R1-1, exceed the maximum noise levels established in the Illinois Pollution Control Board (PCB) Standards (hereinafter “Additional Noise Study”). If said Additional Noise Study finds exceedances to any of the nine octave bands, the petitioner shall propose additional noise mitigation measures to bring each of the nine octave bands into compliance with PCB standards; said mitigation measures shall be subject to review and approval by the City’s Zoning Administrator and installed within (specify timeframe).
4. Any proposed loading docks on the Subject Property in addition to those depicted on the final approved engineering plans attached as Exhibit X shall be subject to review and approval by the City in accordance with Section 6-3-8:5 (Changes to Approved Conditional Uses) of the Naperville Municipal Code as amended from time to time.
5. Any future modifications proposed to the approved site or landscaping plans for the Subject Property shall be subject to review and approval in accordance with Section 6-3-8:5 (Changes to Approved Conditional Uses) of the Naperville Municipal Code as amended from time to time.
6. The photometric plan (the “Photometric Plan”) for the Subject Property shall comply with the requirements identified in Section 6-14-4:3 of the Naperville Municipal Code as amended from time to time. In addition, Petitioner shall install and continuously maintain in operation dark sky compliant features as specified in Exhibit X.
7. At no time shall asphalt sealants, or any other product that contains coal tar products, be used on any portion of the Subject Property. See also the letter from Petitioner attached as Exhibit X.
8. The Data Center shall utilize an air-cooled closed-loop cooling system (the “Cooling System”). The Cooling System was specified by the Petitioner for the specific purpose of meeting City of Naperville noise regulations and to minimize unnecessary use of water associated with the cooling of the Data Center. The Cooling System shall be continuously operated and maintained in good operating condition by Petitioner. Petitioner may maintain, repair, and replace the Cooling System in normal operation of the Data Center, subject only to applicable Building Code requirements. In the event that Cooling System will be replaced with an alternative design that does not comply with City of Naperville noise regulations or substantially increases the use of water associated with the Data Center, approval of a major change to the Conditional Use shall be required.
9. Petitioner shall prepare an e-waste management plan in compliance with the letter attached as Exhibit X (the “E-Waste Management Plan”) Said E-Waste Management Plan shall be adhered to, maintained and updated as necessary by Petitioner to ensure proper disposal, and enforce regulations on collection, transportation, and recycling, of e-waste to ensure public health and environmental protection on an ongoing basis. The E-Waste Management Plan and documentation demonstrating compliance with said Plan shall be available to the City upon request.
10. A parking variance was granted to reduce the required parking for the Karis Data Center building from 211 spaces to 60 spaces as depicted on Exhibit X; however, a land banked parking (“Land Banked Parking”) area consisting of 114 parking stalls, as depicted on Exhibit X, has been reserved and shall be constructed by Petitioner in the event that additional parking is required based on actual use of the property. Petitioner shall actively manage the parking supply on the subject property such that not more than 60 vehicles are present on the subject property at one time. In the event that more than 60 vehicles use the parking on the Subject Property, the Zoning Administrator may require Petitioner to construct all or some portion of the Land Banked Parking (as set forth in the provisions below) up to a maximum of 174 vehicles.
a. Petitioner shall reserve sufficient space on the center portion of the Subject Property to land bank 114 parking spaces as depicted on Exhibit X.
b. In the event that the City Zoning Administrator, at his or her sole discretion, determines that the construction of all or a portion of the land banked parking spaces on the subject property is necessary, Petitioner agrees to obtain all necessary approvals and permits and to commence construction of said land banked parking improvements within one hundred and eighty (180) days of written notice by the City that such construction is required. This provision shall survive the expiration or termination of this Agreement.
c. The Land Banked Parking shall be constructed in compliance with the Naperville Municipal Code then in effect, including but not limited to all zoning, engineering, and building requirements and regulations.
d. Until converted to a parking facility, the Land Banked Parking area shall be landscaped and maintained with turf grass. No permanent buildings, structures, or other uses are permitted within the Land Banked area.
11. Upon cessation of use of all or any part of the Subject Property for data center purposes, Petitioner shall work with the City to decommission the data center and to take steps to make the resulting structure useful for other purposes or to demolish the data center at Petitioner’s sole cost within a timeframe directed by the City Zoning Administrator.
12. Within 30 days of a written request from the City Zoning Administrator to the Petitioner, the Petitioner shall conduct a review of its data center’s operations and provide a written compliance report to the City’s Zoning Administrator demonstrating compliance with the conditions approved in the conditional use ordinance and the Owner’s Acknowledgement and Acceptance Agreement, including but not limited to compliance with sound and vibration limitations.
13. Any ordinance approving the conditional use for the data center, and the Owner’s Acknowledgment and Acceptance Agreement, shall specify that the City shall have the right, but not the obligation, to enforce compliance with any conditions approved by City Council for the Karis Data Center, including but not limited to remedies the City may elect to seek at law and/or in equity, and daily ordinance violations for failure to comply with said conditions.
14. A total of 24 generators will be located within the equipment yard behind the data center as depicted on Exhibit X. Each generator will only be tested for one 30-minute interval on a monthly basis. The generator testing schedule shall allow up to 2 generators to run for 30-minute increments (four generators running for a half hour each within one hour). Generator testing shall not be scheduled to take place at after 5:00 PM or on weekends or holidays.
15. The conditions imposed upon Petitioner shall be binding upon all successors and assigns of Petitioner as well as any lessees and operators of the data center.
16. Conditions may be revised and additional conditions may be considered following public input, expert testimony, the results of sound engineering reviews, further plan modifications, and/or Planning and Zoning Commission deliberation.