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Plan Commission Packet 2015 01-14-15 PLAN COMMISSION AGENDA Wednesday, January 14, 2015 Yorkville City Hall Council Chambers 800 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Call: Previous meeting minutes: November 12, 2014 Citizen’s Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PC 2014-18 The Yorkville Community Unit School District #115, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting special use permit approval to construct a freestanding wind energy system (FWES), or wind turbine, on an R-2 One Family Residence District zoned school property located at 920 Prairie Crossing Drive. Old Business New Business 1. PC 2014-18 The Yorkville Community Unit School District #115, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting special use permit approval to construct a freestanding wind energy system (FWES), or wind turbine, on an R-2 One Family Residence District zoned school property located at 920 Prairie Crossing Drive. - Action Item Special Use Additional Business 1. City Council Action Updates The following item was presented to the City Council on November 25, 2014. a. PC 2014-19 Bryan and Lindsey Harl, petitioners, have filed an application with Kendall County seeking a variance to construct an accessory structure that will be United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us located within the 150’ setback to the centerline of the roadway. The property is located at 3416 Route 47. b. PC 2014-20 Bridget Carlsen, petitioner, has filed an application with Kendall County seeking a variance to construct an accessory structure that will be located within the 150’ setback to the centerline of the roadway. The property is located at 9950 Lisbon Road. 2. Year in Review - 2014 Adjournment DRAFT UNITED CITY OF YORKVILLE PLAN COMMISSION City Council Chambers Wednesday, November 12, 2014 7:00pm Commission Members in Attendance Chairman Tom Lindblom Jack Jones Jeff Baker Art Prochaska James Weaver Michael Crouch Deborah Horaz Absent: Jane Winninger, Charles Kraupner Other City Staff Krysti Barksdale-Noble, Community Development Director Chris Heinen, City Planner Other Guests None Meeting Called to Order Chairman Tom Lindblom called the meeting to order at 7:00pm. Roll Call Roll call was taken and a quorum was established. Minutes September 10, 2014 The minutes were approved as presented on a motion by Prochaska and second by Jones. Unanimous voice vote approval. Citizen’s Comments None Public Hearings None Old Business None New Business 1. PC 2014-19 Bryan and Lindsey Harl, petitioners, have filed an application with Kendall County seeking a variance to construct an accessory structure that will be located within the 150' setback to the centerline of the roadway. The property is located at 3416 Route 47. Mr. Heinen said this item was received on September 26th with the County requesting feedback. This was not received in time for the October meeting and was approved unanimously by the County ZBA on October 27th. This is for information and is a 1.5 mile review. Page 1 of 2 Action Item 1-1/2 Mile Review (Variance) A motion was made by Mr. Crouch to send the review back to the County with no comment. The motion was seconded by Mr. Baker. Roll call vote: Baker-yes, Prochaska-yes, Weaver-yes, Crouch-yes, Horaz-yes, Jones- yes, Lindblom-yes. Passed 7-0. 2. PC 2014-20 Bridget Carlsen, petitioner, has filed an application with Kendall County seeking a variance to construct an accessory structure that will be located within the 150' setback to the centerline of the roadway. The property is located at 9950 Lisbon Road. This item was received from the County with some concern for the west property line. Mr. Crouch pointed out that the house is also within the 150 feet setback to the centerline of a roadway. It is a legal non-conforming structure. Action Item 1-1/2 Mile Review (Variance) Mr. Weaver moved and Mr. Crouch seconded a motion to send this to the County with no comments. Roll call: Prochaska-yes, Weaver-yes, Crouch-yes, Horaz-yes, Jones-yes, Baker-yes, Lindblom-yes. Passed 7-0 Additional Business 1. City Council Action Updates Ms. Barksdale-Noble said a recommendation not to approve the final plat for Heartland Subdivision was presented at the September 23rd Council meeting. However, the plat was approved as presented with an 8-0 Council vote. It is still under engineering review. 2. 2015 Plan Commission Meeting Schedule Mr. Heinen noted one conflict on Veteran's Day which was moved to a later date. The schedule was approved as presented. The Comp Plan update has begun and Mr. Heinen said the consultant wishes to form a steering committee to review plan drafts. One member of the Plan Commission was recommended for this committee. The consultant will meet with the Plan Commission at a later date, however, Commissioners thought an earlier meeting would be more beneficial for the process. Commissioner Weaver volunteered to be on the steering committee. The zoning ordinance Public Hearing is scheduled for November 17 and at City Council on November 25th for consideration or a vote. A draft is on the website. Adjournment There was no further business and the meeting was adjourned at 7:13pm on a motion by Jones and second by Prochaska. Respectfully transcribed by Marlys Young, Minute Taker Page 2 of 2 BACKGROUND & PROJECT DESCRIPTION: The applicant, Yorkville Community Unit School District #115, is seeking Special Use approval to construct a freestanding wind energy system (FWES), or wind turbine, on an R-2 One Family Residence District zoned school property located at 920 Prairie Crossing Drive. The school where the proposed wind turbine will be situated is the Yorkville Middle School, which is also located within the Raintree Village Subdivision, a planned unit development. The overall school property is approximately 15 acres, inclusive of a school building, outdoor park/playground and parking area. As confirmed by the applicant, the wind turbine will have an overall height of 74.9 feet (70 feet for the tower plus 4.9 feet for the blade length) and would be located in the rear of the school building near the loading dock area. The wind turbine proposed for this project is the Pika T701, which is a tower-mounted horizontal axis system and has a rated power of 1.8 kilowatts (kW) output. The free wind energy system will also have a grid-tie inverter which will connect the turbine to ComEd’s power grid. EXISTING CONDITIONS: The existing zoning and land use for properties surrounding the subject property are as indicated below: Zoning Land Use North R-2 One-Family Residence District Raintree Village Subdivision (PUD) East R-2D Duplex Two-Family Residence District Raintree Village Subdivision (PUD) South R-2 One-Family Residence District Undeveloped Land (Proposed Hudson Lakes Subdivision ) West R-2 One-Family Residence District Raintree Village Subdivision (PUD) ALTERNATIVE ENERGY SYSTEMS REGULATIONS: On November 25, 2014, the City Council approved a new Zoning Ordinance update. As part of the updated Zoning Ordinance, specific zoning and regulatory criteria related to alternative energy systems was adopted. Chapter 19: Alternative Energy Systems of the approved new Zoning Ordinance identifies freestanding wind energy systems (FWES) as a special use within the R-2 Zoning District and establishes regulations which were used in the review of this request. Per Section 10-19-5 of the Zoning Ordinance, the following bulk regulations shall also be met for freestanding wind energy systems: o The maximum height for a freestanding wind energy system shall be one-hundred seventy five feet (175’) measured from the base to the highest edge of the system. Memorandum To: Plan Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: January 7, 2015 Subject: PC 2014-18 – Freestanding Wind Turbine System Yorkville Community School Dist. #115 (Special Use Permit) 920 Prairie Crossing Drive - Yorkville Middle School o The base of the system shall be setback 1.1 times (110%) the height of the highest edge of the system from all property lines, overhead utility line poles, communication towers, public sidewalks or trials, public rights-of-way, and other freestanding wind energy systems. Any system or any ancillary equipment shall not be located within any required setbacks of the respective zoning district. o Freestanding wind energy systems shall not be located within the required front yard or corner side yard. They shall not be permitted within any utility, storm or drainage, water, sewer, or other type of public easement. Additionally, Section 10-19-4 of the Zoning Ordinance sets forth system design criteria which are required for freestanding wind energy systems as part of the proposed new Alternative Energy chapter which is listed below: o Signage: No commercial signage or 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 with a maximum sign area of 2 square feet. o 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. o Noise: Freestanding wind energy systems shall not exceed fifty-five (55) dBA when in or adjacent to all residential districts. o Design: Wind energy systems and associated tower shall be a non-reflective color. o Clearance: In all zoning districts, the minimum clearance between the lowest tip of the rotor or blade and the ground is fifteen (15) feet. o Access: Freestanding wind energy systems and all components shall be protected against unauthorized access by the public. Climbing access to the tower shall not start until twelve (12) feet above grade. o Shadow Flicker: Defined as the on-and-off strobe light effect caused by the shadow of moving turbine blades cast by the sun passing though the rotating turbine. 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. SPECIAL USE CRITERIA: Section 10-4-9F of the City’s Zoning Ordinance establishes standards for special use requests. No special use shall be recommended by the plan commission unless said commission shall find that: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the city council pursuant to the recommendations of the plan commission. The applicant has provided written responses to these special use standards as part of their application and requests inclusion of those responses into the public record. Additionally, the plan commission must consider the following factors specific to freestanding wind energy systems (FWES) in determining whether to issue a special use permit above and beyond those factors referenced above (Section 10-19-4C): 1. That the proposed energy system shall further the intent of Chapter 19: Alternative Energy Systems and provide renewable energy to the property on which it is proposed. 2. That the proposed alternative energy system is located in such a manner as to minimize intrusions on adjacent residential uses through siting on the lot, selection of appropriate equipment, and other applicable means. 3. That the establishment for the proposed alternative energy system will not prevent the normal and orderly use, development or improvement of the adjacent property for uses permitted in the district. STAFF COMMENTS & RECOMMENDATIONS: While school districts typically are exempt from local municipality building and permitting regulations, as they are reviewed and approved by the State, local zoning regulations are applicable. Below is a summary of the recommended conditions to the Special Use for the freestanding wind energy system proposed by staff and the Plan Council: 1. Based on the proposed overall height of the system as 74.9 feet, the required minimum setback from all property lines, overhead utility line poles, communication towers, public sidewalks or trials, public rights-of-way, and other freestanding wind energy systems shall be 82.39 feet. Dimensioned site plans must be submitted which illustrate compliance with this requirement. 2. The system shall not be permitted within the required front yard or corner side yard, nor shall it be located within any utility, storm or drainage, water, sewer, or other type of public easement. 3. Prior to building permit approval, an illustration or other study evidence must be submitted to demonstrate that shadow flicker will not be an issue to adjacent residential land uses as a result of the installation of this freestanding wind energy system. 4. Wind energy systems and associated tower shall be a non-reflective color. 5. The system must maintain a minimum clearance between the lowest tip of the rotor or blade and the ground is fifteen (15) feet. 6. Freestanding wind energy systems and all components shall be protected against unauthorized access by the public. Climbing access to the tower shall not start until twelve (12) feet above grade. 7. Freestanding wind energy systems shall not exceed fifty-five (55) dBA when in or adjacent to all residential districts. 8. Submittal of stamped (Illinois SE) drawings and calculations for the tower and foundation. 9. Submittal of soil boring(s) for the design of the foundation. 10. Maintenance plans for the proposed wind turbine unit shall be provided as part of the Building Permit application, which shall include how maintenance of the system will be conducted and how often maintenance will occur. 11. An emergency access road to the freestanding wind energy system shall be provided and illustrated on the site plan. 12. One (1) sign shall be permitted to indicate the emergency contact information of the property owner or operator with a maximum sign area of 2 square feet. 13. Evidence that the electric utility service provider that serves the proposed site (ComEd) has been notified of the owner’s intent to install an interconnected customer-owned electricity generator. 14. 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. UPDATE: The Petitioner has provided a response to staff’s comments listed above in a letter dated December 14, 2014 which is attached for your reference. All comments have been addressed with the exception of #’s 1, 2 and 3. Staff is recommending that the Petitioner provides proof of compliance with these conditions, to staff’s satisfactory, prior to the approval and issuance of the building permit. Proposed Motion: In consideration of testimony presented during a Public Hearing on January 14, 2015 and discussions conducted at that meeting, the Plan Commission recommends approval to the City Council a request for Special Use approval to construct a freestanding wind energy system (FWES), or wind turbine, on an R-2 One Family Residence District zoned school property located at 920 Prairie Crossing Drive, as illustrated in a Wind Turbine Site Assessment Report prepared by CS2 Renewable Energy, dated February 10, 2014, subject to staff recommendations in a memo dated January 7, 2015, and further subject to {insert any additional conditions of the Plan Commission}… Attachments: 1. Recently approved Chapter 19: Alternative Energy Systems of the United City of Yorkville Zoning Ordinance. 2. Copy of Petitioner’s Application w/exhibits. 3. Wind Turbine Site Assessment Report prepared by CS2 Renewable Energy dated February 10, 2014. 4. EEI Review Letter dated November 13, 2014. 5. Petitioner’s Letter in response to Staff Comments dated December 18, 2014. 6. Copy of Public Notice [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 19 Alternative Energy Systems 10-19-1: Purpose The purpose of this Chapter is to regulate alternative energy systems and to promote their effective and efficient use. The regulations are intended to achieve the following: A. Provide zoning regulations to guide the installation and operation of renewable energy systems; B. Accommodate sustainable energy production from renewable energy sources; C. Preserve the aesthetics of the zoning districts in the interest of property values, public health, safety, and general welfare. 10-19-2: Permitted and Special Uses All alternative energy systems shall be approved in accordance with Section 10-4-9 of the Title. 10-19-3: Definitions WIND FARM: More than one Freestanding Wind Energy Systems on a given site, constructed for the commercial generation of electrical power. FREESTANDING WIND ENERGY SYSTEM (FWES): Free-standing, tower-mounted Wind Energy Systems with a system height measuring less than 175 ft. from the ground. These facilities are accessory structures that generate power for local distri- bution and consumption. Generators typically range from 1 kW to 100 kW in nameplate wattage. BUILDING MOUNTED WIND ENERGY SYSTEMS (BWES): Wind Energy Systems that are structurally attached either onto the roof of or to the side of a building. SOLAR FARMS: More than one Freestanding Solar Energy Systems on a given site, constructed for the commercial genera- tion of electrical power. FREESTANDING SOLAR ENERGY SYSTEMS (FSES): Free-standing, ground-mounted Solar Energy System, including appur- tenances, which converts solar energy to a usable form of energy to meet all or part of the energy requirements of the on-site user. BUILDING MOUNTED SOLAR ENERGY SYSTEMS (BSES): A Solar Energy System that is an integral part of a principal or ac- cessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural com- ponent of the building. Building mounted systems include, but are not limited to solar energy systems contained within roofing materials, windows, skylights and awnings. 10-19-4: General Requirements A. Applicability: The provisions of this chapter 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. B. Approval Process: All Alternative Energy Systems shall require a building permit prior to installation. Installation of Al- ternative Energy Systems may require a Special Use Permit; refer to Table 10.16.01 in this Chapter of the Zoning Ordinance. C. Standards for Granting a Special Use: [ United City of Yorkville Zoning Ordinance ][ 2 ] Chapter 19: Alternative Energy Systems 1. The City Council shall determine that the application has met all of the general requirements of this chapter. 2. The proposed energy system shall further the intent of this Chapter and provide renewable energy to the property on which it is proposed. 3. The proposed alternative energy system is located in such a manner as to minimize intrusions on adjacent residential uses through siting on the lot, selection of appropriate equipment, and other applicable means. 4. The establishment for the proposed alternative energy system will not prevent the normal and orderly use, development or improvement of the adjacent property for uses permitted in the district. D. Use: Alternative Energy Systems shall be an accessory to the principal permitted use of a site. E. 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. F. Signage: No commercial signage or 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. G. Utility Service Provider: Evidence that the electric utility service provider that serves the proposed site has been noti- fied of the owner’s intent to install an interconnected customer-owned electricity generator. H. 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. I. Lighting: Alternative Energy Systems shall not be illuminated, except as required by the FAA or those used in commercial applictions such as streetlights. J. Shadow Flicker: Defined as the on-and-off strobe light effect caused by the shadow of moving turbine blades cast by the sun passing though the rotating turbine. 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 win- dows, 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. K. Screening: There shall be no required mechanical screening for Alternative Energy Systems. L. Design: Wind energy systems and associated tower shall be a non-reflective color. The city council may impose such conditions as are necessary to eliminate, if at all possible, any adverse affects such system may have on surrounding prop- erties. M. Compliance: Wind energy systems shall meet or exceed current standards of the international building code and feder- al 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. N. 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 Zoning Ordinance ][ 3 ] Chapter 19: Alternative Energy Systems 10-19-5: Freestanding Wind Energy Systems A. Location: Please refer to Table 10.19.01 in this Chapter of the Zoning Ordinance for placement of Alternative Energy Systems within each specified zoning district. B. Clearance: In all zoning districts, the minimum clearance between the lowest tip of the rotor or blade and the ground is fifteen (15) feet. See Figure 10-19-5A Figure 10-19-5A C. Permitted Yard Locations: Freestanding wind energy systems shall not be located within the required front yard or cor- ner side yard. They shall not be permitted within any utility, storm or drainage, water, sewer, or other type of public easement. The use of guy wires as supports for a freestanding wind energy system shall be prohibited. D. Height: The maximum height for a freestanding wind energy system shall be one-hundred seventy five feet (175’) mea- sured from the base to the highest edge of the system. E. Setbacks: The base of the system shall be setback 1.1 times (110%) the height of the highest edge of the system from all property lines, overhead utility line poles, communication towers, public sidewalks or trails, public rights-of-way, and other freestanding wind energy systems. Any system or any ancillary equipment shall not be located within any required setbacks of the respective zoning district. F. Access: Freestanding wind energy systems and all components shall be protected against unauthorized access by the public. Climbing access to the tower shall not start until twelve (12) feet above grade. G. Noise: Freestanding wind energy systems shall not exceed the following: 1. Fifty-five (55) dBA when in or adjacent to all residential districts. 2. Sixty (60) dBA when in or adjacent to all non-residential districts. 10-19-6: Building Mounted Wind Energy Systems A. Location: Please refer to Table 10.19.01 in this Chapter of the Zoning Ordinance for placement of Alternative Energy Systems within each specified zoning district. Building mounted wind energy systems are allowed on all principal and ac- cessory structures and shall be affixed to the roof deck of a flat roof or to the ridge or slope of a pitched roof and may not be affixed to the parapet or chimney of any structure. The systems must be set back a minimum of five (5) feet from the edge or eave of the roof. B. Quantity: One (1) turbine is allowed for every 500 square feet of the combined roof area. For a pitched roof, each surface of the roof shall be included in the roof area calculation. C. Noise: Building mounted wind energy systems shall not exceed the following: 1. Fifty-five (55) dBA when in or adjacent to all residential districts. [ United City of Yorkville Zoning Ordinance ][ 4 ] Chapter 19: Alternative Energy Systems 2. Sixty (60) dBA when in or adjacent to all non-residential districts. D. Height: The maximum height for a building mounted wind energy system is fifteen (15) feet. The system is measured from the roof surface on which the system is mounted to the highest edge of the system with the exception of any roof pitches 10:12 or greater. They system shall not exceed fifteen (15) feet above the maximum permitted height of the zoning district. Refer to Figure 10-19-6A. Figure 10-21-4A Figure 10-19-6A 10-19-7: Freestanding Solar Energy Systems A. Location: Please refer to Table 10.19.01 in this Chapter of the Zoning Ordinance for placement of Alternative Energy Systems within each specified zoning district. B. Setbacks: All parts of any freestanding solar energy system shall be set back eight (8) feet from the interior side and interior rear property lines. C. Permitted Yard Locations: Freestanding solar energy systems shall not be located within the required front yard or corner side yard. They shall not be permitted within any utility, storm or drainage, water, sewer, or other type of public easement. The use of guy wires as supports for a freestanding solar energy system shall be prohibited. D. Clearance: Minimum clearance between the lowest point of the system and the surface on which the system is mounted is ten (10) feet. Refer to Figure 10-19-7A. E. Solar Glare: Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways. F. Maximum Height: Maximum height of freestanding solar energy systems shall be subject to special use conditions. Figure 10-21-5A Figure 10-19-7A [ United City of Yorkville Zoning Ordinance ][ 5 ] Chapter 19: Alternative Energy Systems 10-19-8: Building Mounted Solar Energy Systems A. Location: Please refer to Table 10.19.01 in this Chapter of the Zoning Ordinance for placement of Alternative Energy Systems within each specified zoning district. Building mounted solar energy systems are allowed on the principal and accessory structures, any roof face and side and rear building facades. The systems are allowed on the front or exterior side building facades if the following conditions are met: 1. Solar access is optimized on the front and exterior side facades. 2. Systems are simultaneously used to shade the structure’s doors or windows. See Figure 10-19-8C B. Height: Systems shall not extend beyond three (3) feet parallel to the roof surface of a pitched roof. Nor shall the system extend beyond four (4) feet parallel to the roof surface of a flat roof unless completely concealed or equal to the height of the parapet wall, whichever is greater. If the system is flush mounted, the system must be less than eight (8) inches from the roof surface. Refer to Figure 10-19-8A. Figure 10-19-8A C. Quantity: The total square footage may not exceed the total area of the roof surface of the structure to which the system is attached. D. Projection: The system may project up to four (4) feet from a building façade or roof edge. The system may project into an interior side or interior rear setback, but shall be no closer than five (5) feet to the interior side or interior rear property line. Refer to Figure 10-19-8B. Figure 10-19-8B Figure 10-19-8C 10-19-9: Permitting and Fees [ United City of Yorkville Zoning Ordinance ][ 6 ] Chapter 19: Alternative Energy Systems A. Permitting: 1.The installation of any alternative energy system requires a building permit from the United City of Yorkville. 2. In order to receive permit, alternative energy systems must be approved by an alternative energy certification program. 3.Prior to permit issuance, the owner shall sign an acknowledgement that said owner will be responsible for any and all enforcement costs and remediation costs resulting from any violations of this chapter. These costsinclude, but are not limited to, removal of system, property restoration necessary upon removal of the system, city legal expenses and hearing costs associated with violations of this chapter. 4. A permit is valid for two (2) years following issuance or renewal. At the end of the two (2) year period, the alternative energy system must be inspected by the city code official. Following inspection, the code official will: a. Renew the permit if found to be in compliance with this chapter, or b. Order any actions necessary for the alternative energy system to be in compliance with this chapter; or c. Determine the system abandoned per section 10-19-4. B. Engineering: 1. Manufacturer’s engineering specifications of the tower, turbine and foundation, detailed drawing of electrical components and installation details, and expected noise level production. 2. For turbines greater than twenty (20 kW) kilowatts of nameplate capacity, an Illinois licensed structural engineer’s seal shall be required. 3. All FWES facilities shall be designed to withstand a minimum wind velocity of one hundred (100) miles per hour, with an impact pressure of forty (40) pounds per square foot. 4. Each FWES shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI). Applicants shall submit certificates of design compliance that equipment manufaturers have obtained from Underwriters Laboratories (UL), National Renewable Energy Laboratories (NREL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energie (GL), or an equivalent third party. 5. Turbines greater than 100 ft. total height or greater than 5,000 lbs structural weight shall require a soil analysis at base of the tower and a stamped drawing by an Illinois licensed Structural Engineer. Structural weight shall be defined as the tower, wind turbine generator, and any other component(s) otherwise supported by the base foundation. 6. Proof of homeowner, farm or business insurance, as appropriate, shall be submitted. C. Fees: A. If applicable, alternative energy systems will be subject to the fee schedule for special use applications as defined by Section 1-7-9 of this title. Said fee will be payable per alternative energy system at the time of the application submittal by the petitioner. B. In addition, alternative energy systems will be subject to a one hundred fifty dollar ($150.00) building permit fee. The permit fee will be payable at the time of the application submittal by the petitioner. PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2014-18 NOTICE IS HEREWITH GIVEN THAT The Yorkville Community Unit School District #115, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting special use permit approval for the construction and operation of a free standing wind turbine system with a minimum height of seventy feet (70’) to be installed at the Yorkville Middle School. The real property is located at 920 Prairie Crossing Drive in Yorkville, Illinois. The legal description is as follows: LOT 320 OF RAINTREE VILLAGE, UNIT FOUR BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 3 AND PART OF THE NORTHWEST QUARTER OF SECTION 10, ALL IN TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. PIN# 05-10-105-003 The application materials for the proposed Special Use are on file with the City Clerk. NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a public hearing on said application on Wednesday, January 14, 2015 at 7 p.m. at the United City of Yorkville, City Hall, located at 800 Game Farm Road, Yorkville, Illinois 60560. The public hearing may be continued from time to time to dates certain without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk Purpose The purpose of this memorandum is to provide the Plan Commission with an update on the action taken by the City Council on the items previously presented to and recommended by the Plan Commission at a prior meeting. City Council Action: The City Council reviewed the Plan Commission’s recommendations regarding the following items during their meeting held on November 25, 2014 and had no additional comments to Kendall County. 1. PC 2014-19 Bryan and Lindsey Harl, petitioners, have filed an application with Kendall County seeking a variance to construct an accessory structure that will be located within the150’ setback to the centerline of the roadway. The property is located at 3416 Route 47. - Action Item 1 ½ Mile Review (Variance) 2. PC 2014-20 Bridget Carlsen, petitioner, has filed an application with Kendall County seeking a variance to construct an accessory structure that will be located within the150’ setback to the centerline of the roadway. The property is located at 9950 Lisbon Road. - Action Item 1 ½ Mile Review (Variance) Memorandum To: Plan Commission From: Chris Heinen, Planner CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Date: December 2, 2014 Subject: City Council Action Updates 1 2014 Applications & Petitions During the year of 2014, the United City of Yorkville’s Plan Commission reviewed a total of five (5) applications for various planning and zoning related requests. Following is a summary list and outcomes of the petitions heard by the Plan Commission: PC # Project Name Type of Request Plan Commission Vote City Council Final Action 2014-05 Heartland Meadows Special Use/PUD 1-yes/5-no Approved 2014-10 Lighthouse Academy Special Use 7-yes/0-no Approved 2014-13 Kendall Crossing Sign PUD Amendment 6-yes/1-no Approved 2014-14 Heartland Meadows Final Plat Approval 4-yes/5-no Approved 2014-18 Wind Turbine - Yorkville Middle School Special Use TBD TBD In addition to the petitions listed above, the Plan Commission also reviewed the new Zoning Ordinance and provided feedback to staff. In November 2014, the City Council approved the new Zoning Ordinance by a vote of 7 – 1. Progress of 2014 Planning Direction In last year’s “Year in Review” memo dated February 4, 2014 (attached), staff made the following suggestions for proposed new zoning ordinance text amendments: • Review and discussion of the appropriateness of the R-2 One-Family Residence Zoning District vs. the R-2D Duplex Two-Family Residence Zoning District for existing townhomes within the older areas of the City. • Review and discussion of Filling of Holes, Pits or Lowlands as Special Uses in R-1 and R-2 Residential Zoning Districts (Section 10-6B-2 and Section 10-6C-2). This steams from the special use request from D. Construction to use clean soil to fill and grade property zoned R-2 in the City without having a proposed land plan. The Plan Commission recommended unanimously to deny the request and City Council upheld the recommendation. Although this activity typically requires a grading permit issued by the engineering department in all other districts, only the R-1 and R-2 Districts identifies filling and grading as a Special Use. • Identification of and Special Use Regulations related to Outdoor Amphitheaters in the Business Districts regarding maximum noise (decibel) levels, hours, permitting, etc. Memorandum To: Plan Commission From: Chris Heinen CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Date: January 7, 2015 Subject: The Year in Review – Discussion of previous year’s petitions and suggestions for planning staff • Amendment to the Subdivision Control Ordinance related to authorized releases of subdivision security. Since that time, all of the goals and direction given to staff by the Plan Commission on the above-mentioned items have been successfully completed or implemented. Staff would also like to poll the Plan Commission members to see if they would like to see the meeting packets in digital form vs. a hard copy for the upcoming year. Proposed New Zoning Ordinance Text Amendments Since we have recently adopted the new zoning ordinance, no additional text amendments are proposed for 2015. However, there may be changes that are needed in the future and staff will adapt accordingly. 2013 Applications & Petitions During the year of 2013, the United City of Yorkville’s Plan Commission reviewed a total of five (5) applications for various planning and zoning related requests. Following is a summary list and outcomes of the petitions heard by the Plan Commission: PC # Project Name Type of Request Plan Commission Vote City Council Final Action 2013-01 Salek Subdivision Resubdivision 7-yes/0-no Approved 2013-05 Priority Health Rezoning 7-yes/0-no Approved 2013-08 Midland States Bank Special Use 5-yes/0-no Approved 2013-10 1100 McHugh Road Rezoning 0-yes/5-no ---* 2013-13 Prestwick of Yorkville (Yorkville Christian High School) Final Plat Approval 5-yes/0-no Approved *Applicant withdrew request Progress of 2013 Planning Direction In last year’s “Year in Review” memo dated December 4, 2012 (attached), staff made the following suggestions for proposed new zoning ordinance text amendments: • Review and discussion of the appropriateness of the R-2 One-Family Residence Zoning District vs. the R-2D Duplex Two-Family Residence Zoning District for existing townhomes within the older areas of the City. • Review and discussion of Filling of Holes, Pits or Lowlands as Special Uses in R-1 and R-2 Residential Zoning Districts (Section 10-6B-2 and Section 10-6C-2). This steams from the special use request from D. Construction to use clean soil to fill and grade property zoned R-2 in the City without having a proposed land plan. The Plan Commission recommended unanimously to deny the request and City Council upheld the recommendation. Although this activity typically requires a grading permit issued by the engineering department in all other districts, only the R-1 and R-2 Districts identifies filling and grading as a Special Use. Since these items were not presented to the Plan Commission in 2013, staff suggests carrying over both the previous items from the 2013 discussion related to R-2 One-Family Zoning vs. R-2D Duplex Two-Family Zoning for Townhouses in Older Areas of Yorkville and the amendment to the R-1 and R-2 Residential Zoning Districts related to the filing of holes, pits or lowlands as Special Uses for review in 2014. Memorandum To: Plan Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: February 4, 2014 Subject: The Year in Review – Discussion of previous year’s petitions, proposed zoning ordinance text amendments and suggestions for planning staff Proposed New Zoning Ordinance Text Amendments In addition to carrying over the two (2) items above, staff is suggesting further review and discussion of the following text amendments: • Identification of and Special Use Regulations related to Outdoor Amphitheaters in the Business Districts regarding maximum noise (decibel) levels, hours, permitting, etc. o This request was originally presented to staff in 2013 as a developer inquiry; however no formal action was taken by the developer to seek approval of such a use. Since outdoor amphitheaters are not specifically identified as a permitted or special use in any of the zoning districts, inclusive of the Business Districts, staff would like to present definitive standards for such outdoor venues preemptive to any future requests. • Amendment to the Subdivision Control Ordinance related to authorized releases of subdivision security. o Direction was given to staff at the December Public Works Committee meeting to present a request for text amendment to the Subdivision Control Ordinance that changes the approval process for security reductions from staff approval below $1,000,000 and City Council approval above $1,000,000 to all reductions approved by staff. Staff is seeking direction from the Plan Commission on both of these items for consideration and formal action at a future meeting.