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Ordinance 2020-05 2020000026-4.4 DEB:B 7E E O T L_L-E'T'T IE' RECORDER -- KENDALL COUNTY, IL RECORDED: 2/21/2020 12:07 PM ORDI: 57.00 RHSPS FEE: 10.00 PAGES: 4 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2020-05 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,ILLINOIS, APPROVING A SPECIAL USE FOR A FREESTANDING SOLAR ENERGY SYSTEM AND FREESTANDING WIND ENERY SYSTEM Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 281 day of January,2020 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 February 14,2020. Ordinance No. 2020-05 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,ILLINOIS, APPROVING A SPECIAL USE FOR A FREESTANDING SOLAR ENERGY SYSTEM AND FREESTANDING WIND ENERGY SYSTEM 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 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, Brian Werner, Continental Electric, on behalf of Wrigley Manufacturing, petitioner, will install a single freestanding solar energy system and single freestanding wind energy system on the property located at 2800 N Bridge Street 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 M-1 Limited Manufacturing District and freestanding solar energy systems and freestanding wind energy systems are allowed as special uses; and, WHEREAS, the Corporate Authorities have received a request from the petitioner for a special use for the Subject Property to allow a single freestanding solar energy system and single freestanding wind energy system; and, WHEREAS, a legal notice of publication regarding a public hearing before the Planning and Zoning Commission on the proposed special use was duly published in a newspaper of general circulation in the City, not more than thirty (30) 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 was sent by certified mail; and, WHEREAS, the Planning and Zoning Commission convened and held a public hearing on the 8th day of January, 2020, for the consideration of the special use application; and, Ordinance No.2020-05 Page 2 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, 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 16, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the point of intersection of the easterly right-of-way line of Illinois State Route 47, extended southerly with the center line of Cannonball Trail (County Road No. 10); thence North 06°58'06" West along said easterly right-of-way line, 1471.90 feet for the point of beginning; thence continuing North 06°58'06" West along said easterly right-of-way line, 270.00 feet to the point of curve in said easterly right-of-way line; thence northerly along said easterly right-of-way line, being a curve with a radius of 9609.34 feet, concave to the West, a distance of 596.83 feet; thence North 83°01'54" East 1202.53 feet; thence South 06°58'06" East 1037.00 feet; thence North 83'01'54" East 86.00 feet; thence South 06°58'06" East 450.26 feet; thence South 83'01'54" West 403.28 feet; thence North 06°58'06" West 366.26 feet; thence North 62°10'14" West 8 feet; thence North 83°54'32" West 108.00 feet; thence South 83'01'54" West 150.00 feet to the point of beginning in the United City of the Village of Yorkville, Kendall County, Illinois containing 34.132 acres, more or less. for use as a single freestanding solar energy system and single freestanding wind energy system. 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 minimum clearance between the lowest point of the solar energy system and the surface on which the system is mounted is two-foot eight inch(2'8"). b. The maximum height of the entire solar energy system does not exceed eleven feet and four inches inch(11'4") in height. Ordinance No.2020-05 Page 3 c. The minimum clearance between the lowest tip of the blade of the wind energy system and the ground is ten feet six inches (10'6"). d. For the wind energy system, signage on the blades only will be permitted. 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 28t' day of January, 2020. CITY CLERK KEN KOCH AYE DAN TRANSIER AYE JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE SEAVER TARULIS ABSENT JASON PETERSON AYE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this * day of FE,6P file Y , 2020. \ MAYOR Ordinance No.2020-05 Page 4