Ordinance 2015-07 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2015-07
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS, APPROVING A SPECIAL USE
FOR A FREE STANDING WIND ENERGY SYSTEM
(Yorkville Community School District#115 —920 Prairie Crossing Drive)
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 27"'day of January, 2015
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville, Kendall
County, Illinois on February 6, 2015.
Ordinance No. 2015-07
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY,ILLINOIS, APPROVING A SPECIAL USE
FOR A FREESTANDING WIND ENERGY SYSTEM
(Yorkville Community School District#115 —920 Prairie Crossing Drive)
WHEREAS, the United City of Yorkville (the "City") is a duly organized and
validly existing non home-rule municipality created in accordance with the Constitution
of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, under section 11-13-1.1 of the Illinois Municipal Code (65 ILCS
511-1-1, et seq.), the Mayor and City Council of the City (collectively, the "Corporate
Authorities") may provide for the classification of special uses in its zoning ordinances;
and,
WHEREAS, pursuant to the United City of Yorkville Zoning Ordinance (the
"Zoning Code"), any person owning or having an interest in property may file an
application to use such land for one or more of the special uses provided for in the zoning
district in which the land is situated; and,
WHEREAS, Yorkville Community School District #115 ("the Applicant") is the
owner of the property located at 920 Prairie Crossing Drive, Yorkville, Illinois, legally
described in Section 2 of, this Ordinance (the "Subject Property"); and,
WHEREAS, under the authority of the Zoning Code, the Subject Property is
located in a designated R-1 One Family Residence District, and a Freestanding Wind
Energy System is allowed in this district with a special use permit; and,
WHEREAS, the Corporate Authorities have received a request from the
Applicant for a special use permit for the Subject Property for a Freestanding Wind
Energy System; and,
WHEREAS, a legal notice of publication regarding a public hearing before the
Plan Commission on the proposed special use permit was duly published in a newspaper
of general circulation in the City, not more than thirty (3 0) nor less than fifteen (15) days
prior to the public hearing; and,
WHEREAS, notice to property owners within 500 feet of the Subject Property
identified for the special use permit was delivered by certified mail; and,
WHEREAS, the Plan Commission convened and held a public hearing on the
14th day of January 2015, on the question of the special use application; and,
WHEREAS, the Plan Commission reviewed the standards to recommend
approval of a special use as set forth in Section 10-4-9(F) of the Zoning Code; and,
Ordinance No. 2015-07
Page 2
WHEREAS, the Plan Commission also considered the additional factors for a
Freestanding Wind Energy System as set forth in 10-19-4 of the Zoning Code; and,
WHEREAS, upon conclusion of said public hearing, the Plan Commission
recommended the approval of the special use for the Subject Property for a Freestanding
Wind Energy System.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of
the United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: The above recitals are incorporated herein and made a part of this
Ordinance.
Section 2: The Corporate Authorities hereby approve a special use for a
Freestanding Wind Energy System for the Subject Property located at 920 Prairie
Crossing Drive, Yorkville, Illinois, legally described as:
Lot 3230 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.
Section 3: That the special use granted herein shall be constructed, operated and
maintained in accordance with the following plans, diagrams and conditions:
A. That the wind turbine of the wind energy system shall be constructed as shown on
the manufacturer's cut sheets for PIKA T701 and for the grid-tie inverter PIKA
X3001 attached hereto and made a part hereof as Exhibit A.
B. That the overall height of the wind turbine shall not be greater than 74.9 feet and
the minimum setback from all property lines, overhead utility line poles,
communication towers, public sidewalks or trails, public rights-of-way, and other
freestanding wind energy systems shall be 82.39 feet. A dimensioned site plan
shall be submitted which illustrates compliance with this requirement.
C. That the wind energy 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.
D. That prior to building permit approval, an illustration or other study evidence
must be submitted to demonstrate that shadow flicker from the freestanding wind
energy system will not strike a door, window or other opening of a habitable
building. Shadow flicker shall also not create a nuisance to residential land uses.
E. That the wind energy system including the tower shall be a non-reflective color.
Ordinance No. 2015-07
Page 3
F. The wind energy system must maintain a minimum clearance of fifteen (15) feet
between the lowest tip of the rotor or blade and the ground.
G. The wind energy system 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.
H. The wind energy system shall not exceed fifty-five (55) dBA at the lot line of the
Subject Property when in or adjacent to a residential district.
I. That stamped (Illinois SE) drawings and calculations for the tower and foundation
shall be submitted.
J. That soil boring(s) for the design of the foundation shall be submitted.
K. That maintenance plans for the proposed wind energy system 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.
L. An emergency access road to the wind energy system shall be provided and
illustrated on the site plan.
M. Only 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.
N. Evidence shall be filed that the electric utility service provider that serves the
proposed site (ComEd) has been notified of the intent to install an interconnected
customer-owned electricity generator wind energy system.
O. That the wind energy system shall be equipped with manual and/or automatic
controls and mechanical brakes to limit rotation of blades to prevent uncontrolled
rotation.
Section 4: This Ordinance shall be in full force and effect upon its passage,
approval, and publication in pamphlet form as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
o?7 dayof JAMUA2y 12015.
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-DF-POTY CITY CLERIO
CARLO COLOSIMO aye KEN KOCH aye
JACKIE MILSCHEWSKI �qye LARRY KOT alle
CHRIS FUNKHOUSER nay JOEL FRIEDERS aye
ROSE ANN SPEARS pnay DIANE TEELING ae
Ordinance No. 2015-07
Page 4
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
(D day of r662UAe.)( , 2015.
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Ordinance No. 2015-07
Page 5