Ordinance 2018-77 DEBBIE .GILLETTE
RECORDER - KENDALL COUNTY, IL
RECORDED: 1/11/2819 11:54 AM
ORDI: 52.88 RNSPS FEE: 18.N
PAGES: 17
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2018-77
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE
APPROVING A SPECIAL USE FOR A SOLAR FARM
WITH FREESTANDING SOLAR ENERGY SYSTEMS
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This I Ph day of December,2018
Prepared by and Return to:
United City of Yorkville
800 Game Farm Road
Yorkville,IL 60560
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on January 8,2019.
Ordinance No. 2018- 1
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,ILLINOIS,
APPROVING A SPECIAL USE FOR A SOLAR FARM
WITH FREESTANDING SOLAR ENERGY SYSTEMS
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 5/1-1-1, 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 ordinance; 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, GRNE Solutions LLC commonly known as GRNE Solar (the Lessee") is
leasing 7.4 acres for the proposed installation of approximately 6,400 freestanding solar energy
systems on the property owned the County of Kendall located generally at the southeast corner
of John Street and Beecher Road, 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 O Office District and freestanding solar energy systems are allowed with a special use
permit; and,
WHEREAS, the Corporate Authorities have received a request from the Lessee for a
special use permit for the Subject Property to allow the solar farm with freestanding solar energy
systems; and,
WHEREAS, a legal notice of publication regarding a public hearing before the Planning
and Zoning 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 sent by certified mail; and,
WHEREAS, the Planning and Zoning Commission convened and held a public hearing
on the 14th day of November, 2018, for the consideration of the special use application; and,
WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in
Section 10-4-9(F) and 10-19-4-C of the Zoning Code; and,
Ordinance No.2018- �
Page 2
WHEREAS, upon conclusion of said public hearing, the Planning and Zoning
Commission recommended the approval with conditions for the special use for the Subject
Property for a solar farm with freestanding solar energy systems.
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: That the Corporate Authorities hereby approve a special use for the Subject
Property, legally described as:
That part of the Northwest Quarter of Section 29, Township 37 North, Range 7 East of the Third
Principal Meridian described as follows: Commencing at the Southwest Corner of the Tract
conveyed to the Kendall County Public Building Commission by the Trustee's Deed recorded
November 17, 1989 as Document number 896707; thence North 01° 14'11" West, along the East
Line of Rush-Copley Healthcare Center, 15.0 feet; thence North 88°29'47" East, parallel with
the South Line of said Building Commission Tract, 12.50 feet for the point of beginning; thence
North 88029'47" East, parallel with said South line, 615.74 feet; thence North 01°30'13" West,
perpendicular to the last described course, 525.0 feet; thence South 88°29'47" West, parallel
with said South Line, 600.79 feet; thence South 01014'11" East, 22.17 feet; thence South
88°45'49" West, 12.50 feet; thence South 0l'I4'11" East, 502.89 feet to the point of beginning
in the United City of Yorkville, Kendall County, Illinois.
for use as a solar farm with freestanding solar energy systems.
Section 3: That the special use granted herein shall be constructed, operated and
maintained in accordance with the following plans, diagrams and conditions:
a. The maximum clearance between the lowest point of the system and the surface on which the
system is mounted shall be one foot and seven inches (1'7").
b. A seven foot and six inch (7'6") tall solid opaque fence made of a composite, vinyl or plastic
material shall be installed along the entire perimeter of the solar farm.
c. The petitioner must implement the landscape plan submitted by the petitioner and completed by
Hampton, Lenzini, and Renwick, Inc. dated October 29, 2018 attached hereto and made a part
hereof as Exhibit A.
d. The petitioner must comply with all comments and requirements made by Planning Resources,
Inc. dated November 13, 2018 and attached hereto and made a part hereof as Exhibit B regarding
the landscape plans dated October 29, 2018.
e. The landscaping treatment as proposed along the southern fence line be continued along the west
line of the property.
Ordinance No.2018- 1
Page 3
f. A security camera system must be installed which gives monitoring access of the solar farm to
the Kendall County Sheriff.
g. A Knox-Box must be installed near the access gate to the Subject Property for emergency
entrance by the City's Police and Fire Departments and the Kendall County Sheriff.
h. The petitioner, pursuant to Section 10-19-4-E of the Zoning Code, shall provide a security
guarantee in a form acceptable to the City to cover such costs including, but not limited to the
removal, property restoration, and city legal expenses with a blanket easement over the property
to allow the City or its contractor to enter and remove the abandoned system in compliance with
the City Code.
i. Compliance with all comments prepared by Engineering Enterprises, Inc., the City's engineering
consultant, in a letter dated August 2, 2018 attached hereto and made a part hereof as Exhibit C.
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
day of ECE M 8eP, , 2018.
ity Clerk
CARLO COLOSIMO Y KEN KOCH y
JACKIE MILSCHEWSKI y ARDEN JOE PLOCHER y "
CHRIS FUNKHOUSER t JOEL FRIEDERS y
SEAVER TARULIS y JASON PETERSON 1
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
Zoi9
day of J A4 UA IZY
Mayor
Ordinance No.2018-_n
Page 4
EXHIBIT A
Hampton, Lenzini and Renwick, Inc.
�T Civil Engineers-Structural Engineers• Land Surveyors
www.hlrengineering.com
October 29, 2018
Mr. Eric Peterman
GRNE Solar
230 N. Hicks Place
Palatine, IL 60067
Re: Landscape Plan
Kendall County Solar Project
Yorkville, Kendall County, Illinois
Dear Mr. Peterman:
Hampton, Lenzini and Renwick, Inc. (HLR) has prepared the enclosed Landscape Plan for the
proposed Kendall County Solar Project. The project is located southeast of the intersection of John
Street and Beecher Street in Yorkville, Illinois. Per your direction, the Landscape Plan addresses
only the southern boundary of the subject property.
We understand that mature tree heights are not to exceed 25 feet to prevent shade from affecting
the productivity of the solar array. Please note that the United City of Yorkville Landscape
Ordinance Chapter 12, 8-12-2.13.1 requires two shade trees, five evergreen trees and three
ornamental trees per one hundred linear feet. None of the shade tree species in the Yorkville
Permitted Planting List have mature heights of less than 25 feet. Therefore, approved ornamental
trees were used as substitutes for shade trees (at a 2:1 ratio per the Ordinance). Also, per
Ordinance requirements, no single genus represents more than 33 percent of the total number of
species.
In order to potentially reduce landscaping costs, HLR reviewed the Permitted Planting List against
the list of species currently present on the subject property. The only species present on both the
list and the property is Japanese Tree Lilac (Syringa reticulata sp.). There are approximately 170
Japanese Tree Lilac on the property, although most were in mediocre condition, it is likely that 12
specimens in good condition can be found and installed along the southern property boundary as
indicated on the Landscape Plan.
380 Shepard Drive 3085 Stevenson Drive,Suite 201 6825 Hobson Valley Drive.Suite 302 323 W.Third Street,P.O.Box 160
Elgin,Illinois 60123-7010 Springfield,Illinois 62703 Woodridge, Illinois 60517 Mt.Carmel,Illinois 62863
Tel.847.697.6700 Tel.217.546.3400 Tel.847.697.6700 Tel.618.262.8651
Fax 847.697.6753 Fax 217.546.8116 Fax 847.697.6753 Fax 618.263.3327
Mr. Eric Peterman
GRNE Solar
Kendall County Solar Project Landscape Plan Page 2
Please do not hesitate to contact me at 847-531-0288 if you should have any questions regarding
this information.
Sincerely,
HAMPTON, LENZINI AND RENWICK, INC.
By:
Patrick Hickey
Certified Arborist(IL-1832A)
Enclosure: Landscape Plan
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I I 3 :7 4 3 7 2 3 7,jl62 3 0
777 7
8' S(
Residential Properties to South Scale:
25 12.5 0
0K:AK::E
,ed Landscaping
Tree Detail Landscape Notes
Evergreen Trees 1)Three inches of mulch 1.Trees shall be typical of their variety or species,shall have a normal growth of spread and height,and shall be sound,healthy,vigorc
surrounding plantings. disease,insect pests and larvae,with well-developed root systems. Items broken major branches,or badly bruised or damaged bark,E
Ornamental Trees acceptable.
2)Area in between trees 2.Trees shall be balled and burlapped,with firm,natural balls of earth. The balls shall be dug according to current nursery practices foi
Grass Grass will be grass(IDOT Class depth and width to include adequate fibrous and feeding roots.No tree shall be accepted if the ball is broken before or during planting c
1 Lawn Mixture or
8.3 ft to3.Trees shall be set plumb in center of the planting hole at same elevation as adjacent finished landscape grades. When set,additionE
Next Tree comparable). backfill is to be placed around the base and sides of the root ball,and each layer worked to settle backfill and eliminate voids and air po
Mulch 3) Mulch is not to be balled and burlapped,burlap shall be removed from sides of balls and retained on bottoms.
placed against the trunk 4.Plant material shall be grown in nurseries from the central or northern Illinois region.
of the tree.
5.Spade harvested and transplanted plants shall meet all the requirements for field grown trees.Root ball diameters shall be of similar
ANSI Z60.1 requirements for balled and burlapped plants.Trees shall be harvested prior to leafing out(bud break)in the spring or durir
planting period except for plants know to be considered as fall planting hazards.Plants that are fall planting hazards shall only be harve
Common Name Quantity Install Height leafing out in the spring.Trees shall be moved and planted within 48 hours of the initial harvesting and shall remain in the spade machil
Amur maple 5 6' planted.
6.Install 4"minimum top soil to all planting areas,contractor is responsible for fine grading of planting areas.Remove stones,sticks,ar
Eastern redbud 6 6' larger than 1".
Cornelian cherry dogwood 12 6' 7 All ingtAIPH trpp,;to he midni with'A"(Ipnth of nqrtiqllv dPrnmnnqPd hirrhAinni-I miiirh neer wppri hArripr
Amur Maple
Acer tataricum subsp ginnala sp.
Tree Type: Deciduous (loses
leaves seasonally)
Mature Tree Height: 15 - 20
Feet
Mature Tree Span: 15 - 20 Feet
Features: Rounded form,
clusters of yellow white flowers
in spring
Fall Color: Mix of yellow and red
U of l Extension
Redbud
Cercis canadensis
Tree Type:
Deciduous (loses '
leaves seasonally)
Mature Tree
Height: 20 - 30 �
Feet
Mature Tree Span:
25 - 35 Feet `
Features: Rose-
pink to magenta
flowers in early
May, long pods that
turn reddish-green Morton Arboretum
to brown in winter
Fall Color: Yellow
to yellow-green
Cornelian Cherry Dogwood
Cornus mas
w
Tree Type:
Deciduous (loses
leaves seasonally) "
Mature Tree
Height: 20 - 25
Feet
Mature Tree Span: k
15 - 20 Feet
Features: Small
d
yellow flowers in
spring, elongated
bright red fruit
ripening in late
summer, bark is
dark grey to Morton Arboretum
reddish brown
Red Splendor Crabapple
Malas x `Red Splendor'
Tree Type: Deciduous
(loses leaves seasonally)
d
Mature Tree Height: 20 - 30
Feet
Mature Tree Span: 20 Feet '
Features: Rounded form,
pink flowers, red fruit `
Fall Color: Reddish purple
leaves in fall :
Beihheim
Black Hills Spruce
Picea glauca var densata
Tree Type: Evergreen v
(year-round leaves)
Mature Tree Height: 20
- 40 Feet
t
Mature Tree Span: 10 -
15 Feet
Features: Scaly, silver
grey color bark, green to , n
blue green needles `
Morton Arboretum
Vanderwolf Limber Pine
Pinus flexilis 'Vanderwolf'
Tree Type: Evergreen (year-round
leaves)
Mature Tree Height: 25 - 30 Feet
Mature Tree Span: 10 - 15 Feet
Features: Upright pyramids shape,
bright blue-green twisted needles
Morton Arboretum, OSU, City of Seattle
Japanese Tree Lilac
Syringa reticulata sp.
Tree Type: Deciduous
(loses leaves seasonally)
Mature Tree Height: 20 -
30 Feet
Mature Tree Span: 15 - .
25 Feet
Features: Small white
fragrant flowers, reddish
brown bark with dark
green leaves
Morton Arboretum
Fall Color: yellow green
leaves
EXHIBIT B
Memorandum PP13032-43
To: Tim Paulson,Project Manager
6087 Engineering Enterprises, Inc.
Neh_x .nl.u�rcz.cv=n
�
0,`°x Ftom:
11 S71?; Joseph Murphy, PLA,ASLA CLARB
! .-
Planning Resources,Inc.
Date: November 13, 2018
Subject. GRNE Solar
Landscape Review#2
Per your request,Planning Resources has reviewed the below-referenced documentation for
compliance with requirements of the City of Yorkville.
• Tree and Shrub Inventory,dated 9/14/18, by HLR(Hampton,Lenzini and Renwick,
Inc.): 2 sheets and memorandum.
• Landscape Plan,dated 10/29/18, by Hampton,Lenzini and Renwick, Inc. (HLR)
• Memo from HLR dated 10/29/18
• Yorkville Ordinance No. 2009-42
Review Comments
1. The proposed tree species are acceptable.
2. All plantings on the south side of the property need to be located within the 8'buffer.
The plantings shown are half in and half out going along the south side fence. Perhaps
the proposed fence needs to angle with the property line and landscaping to match?
However it is to be revised, the plantings need to be within the 8'buffer completely.
Please advise and resubmit layout.
Currently, Planning Resources requests a resubmittal of the landscape plan.
END OF COMMENTS
Respectfully submitted,
Joseph phy,PLA, LA,CLARB
Landsc e Architect
PI�NIi��S
I(OLOWTS
LAHDS(4 n000000TEMP REVIEW FILES\Yorkville\GRNESolar\PP13032-43_GRNESolar-Review#2_20181112.docx
MAITIM
EXHIBIT C
August 2, 2018
Ms. Krysti Barksdale-Noble
Community Development Director
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Re: GRNE Solar—Kendall County Complex
Site Layout—1411 Submittal
United City of Yorkville, Kendall County, Illinois
Dear Krysti;
We are in receipt of the following items for the above referenced project:
• GRNE Solar Design Packet(10 pages)for Kendall County.
• Follow-up Letter for Special Use Permit Application for a Solar Array Development dated April 2, 2018
and prepared by United City of Yorkville Community Development Department
• Setback Dimensions to Property Lines plan, Chain-Link fence detail, and Solar Racking Structure detail
prepared by GRNE Solar.
• Interconnection Request Application Form (6 pages)prepared by GRNE Solar.
Our review of these plans is to generally determine their compliance with local ordinances and whether the
improvements will conform to existing local systems and equipment. This review and our comments do not relieve
the designer from his duties to conform to all required codes, regulations, and acceptable standards of
engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance
review, we cannot and do not assume responsibility for design errors or omissions in the plans. As such, we offer
the following comments:
General
1. For the project to proceed engineering plans would need to be provided. The plans would need to Include,
but not be limited to, the following items:
a. Existing Conditions and Demolition Plan
b. Grading and Drainage Plan
c. Utility Plan
d. Erosion Control Plan
e. Construction Specifications and Details
f Perimeter fence layout and details
2. The Zoning Ordinance prohibits the use of chain-link fencing except for vinyl coated chain-link fencing in
side and rear yards. An alternative fencing detail that isn't restricted by the Zoning Ordinance should be
provided.
3. The proposed site access should be clarified. It appears the access should be off an extension of the
existing entrance stub off of John Street opposite from the Courthouse entrance just northeast of the Solar
Ms. Krysti Barksdale-Noble
August 2, 2018
Page 2
Array Development. The access drive and connection to the road should be shown on the engineering
plans and any access easement or agreement provided as necessary.
4. A Stormwater Permit and stormwater management report including all required runoff and detention
calculations is required for development. Since the site is a non-residential parcel larger than 3 acres with
more than 45,000 square feet of proposed development, detention will be required in accordance with the
ordinance requirements.
5. A wetland determination/delineation will be required In accordance with the City wetland ordinance
requirements.
6. In accordance with the Landscape Ordinance, a tree preservation plan will be required because the lot is
greater than 5 acres in area. GRNE Solar has stated that they will provide a tree preservation plan once a
contractor has been selected for the work. A landscape plan should be provided as well.
7. Since the site disturbs more than one acre, a NPDES Construction Permit from the IEPA will be required.
The Stormwater Pollution Prevention Plan (SWPPP) and Notice of Intent(NOI) will need to be submitted to
IEPA a minimum of 30 days prior to the start of construction,
8. Security will be required that will provide for removal of the system. In addition, a blanket easement
allowing the City to remove the abandoned system will also be necessary. GRNE Solar has stated that
they will comply with Section 10-19-9-A-3 of the Zoning Ordinance and that they have included
decommissioning as a part of their agreement with Kendall County. This should be confirmed with the City.
The Developer should make the necessary revisions and re-submit plans and supporting documents along with a
disposition letter for further review. If you have any questions or require additional information, please contact our
office.
Sincerely,
ENGINEERING ENTERPRISES, INC
Bradley P. Sanderson, P.E.
Vice President
BPS/TNP/BCS
PC- Mr, Bart Olson, City Administrator(Via e-mail)
Ms. Erin Willrett, Assistant City Administrator(Via e-mail)
Mr. Jason Engberg, Senior Planner(Via e-mail)
Mr. Eric Dhuse, Director of Public Works(Via e-mail)
Mr. Pete Ratos, Building Department (Via a-mail)
Ms. Dee Weinert, Admin Assistant(Via e-mail)
Ms. Lisa Pickering, Deputy Clerk (Via e-mail)
Mr. Eric Peterman, GRNE Solar(Via e-mail)
TNP, JAM, EEI (Via e-mail)
11Milkyway\EEI—StoragelDocslPubllc\Yorkville120181Y01829-DR GRNE Solar Farm\OocslConcept Review,doc