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Ordinance 2020-08 DEBJET I E � I l L-E=T''l'"E-- RECORDER - KE:NDALI COUNTY, IL RECORDED: 2/28/2020 11:07 AM ORDI: 57.00 RNSPS FEE: A.00 PAGES: 19 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2020-08 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS, 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 11'day of February,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 26,2020. Ordinance No. 2020-08 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 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, 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 received a request from the Lessee for a special use permit for the Subject Property to allow a solar farm with freestanding solar energy systems which was approved by the Corporate Authorities on December 11, 2018, after proper notice and a public hearing as required subject to several conditions; and, WHEREAS, notwithstanding the approval, the Lessee has now requested that certain conditions imposed for the approval of the Special Use be reconsidered, namely, the requirement for a solid opaque fence around the perimeter of the solar farm made by vinyl or plastic and the requirements of landscaping on the west side of the solar farm; and, WHEREAS, a legal notice by publication of a public hearing before the Planning and Zoning Commission was done and a 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 8t`day of January, 2020, for the consideration of the new special use application; and, Ordinance No.2020-08 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 new 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. Ordinance 2018-77 passed by the Corporate Authorities on December 11, 2018, is hereby repealed. 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 88°29'47" 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 01°14'11" East, 22.17 feet; thence South 88°45'49" West, 12.50 feet; thence South 0I'l4'11" 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 (17). b. A seven foot and six inch (7'6") tall solid opaque fence made of wood material, constructed minimally of pressure treated materials, shall be installed along the entire perimeter of the solar farm. Ordinance No.2020-08 Page 3 C. The petitioner must implement the landscape plan submitted by the petitioner dated January 8, 2020, 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. 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 I Ph day of February, A.D. 2020. City Clerk KEN KOCH AYE DAN TRANSIER AYE JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE SEAVER TARULIS AYE JASON PETERSON AYE Ordinance No.2020-08 Page 4 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this d646 day of F-F-69gjl je�f ,A.D. 2020. Mayor Attest: City Clerk Ordinance No.2020-08 Page 5 EHXIBIT A WESTERN EDGE LANDSCAPE PLAN JANUARY 8, 2020 � �;,, n' ��� ",ems=� ��r � • `' � r � # • # • w • ! Solid Wood 4-- Fence w s • • # # +r • M ! ! ! # M # # A # # r ! ! # i M M • # EXHIBIT B Memorandum PP13032-43 PLANNING To: Tim Paulson,Project Manager ,01 C Engineering Enterprises,Inc. l\ih:u ..ol:a�r<s.00m 6 u.bv8_�t From: Joseph Murphy,PLA,ASLA,CLARB P. ; 3� 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 rphy,PLA,4 LA,CLARB Landsc e Architect PL�NtI��S I(OIOOM LA M D S(4*000000TEMP REVIEW FILES\Yorkville\GRNE Solar\PP13032-43_GRNE Solar_Review#2_20181112.docx A�UITIM It? Hampton, Lenzini and Renwick, Inc. 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.B.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 reticuiata 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 GRNE Solar t Kendall County t Solar Project I ------- ---- -- N _._ I t Landscape I I ' Plan I ' 1 ' t 10/29/2018 t ' I t ' t ' t ' � I � I � I t ' I 589.00' 20, Fence se Length I 3� 4 7 1 2 7 3 7 4 7 2 3 1 3 4 7 1 2 7 3 7 4 3 7 2 3 1 :3 4 7 1 2 7 3 B'Setback Residential Properties to South Scale:1:550 25 12.5 0 25 Feet Project Description Proposed Landscaping Tree Detail Landscape Notes 7'High Fence 0 Evergreen TreesA 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,vigorous,free of surrounding plantings. disease,insect pests and larvae,with well-developed root systems.Items broken major branches,or badly bruised or damaged bark,are not Ornamental Trees acceptable. l Modules 2 Area in between trees `---- ) 2.Trees shall be balled and burlapped,with firm,natural balls of earth.The balls shah be dug according to current nursery practices for sufficient ---- Project Boundary Grassrass will be grass(IDOT Class depth and width to include adequate fibrous and feeding roots.No tree shag be accepted if the ball is broken before or during planting operations. 1 Lawn Mixture or com arable 3.Trees shall be set plumb in center of the planting hole at same elevation as adjacent finished landscape grades.When set,additional topsoil Inside of 8' p )' 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 pockets.If Buffer(Setback) balletl and burlapped.burlap shall be removed from sides of balls and retained on bottoms. 3)Mulch is not to be Parcel Boundaries placed against the trunk 4.Plant material shall be grown in nurseries from the central or northern Illinois region. ?RNE 5 O L A k 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 size as the ANSI Z60.1 requirements for balled and burlapped plants.Trees shall be harvested prior to leafing out(bud break)in the spring or during the fall planting period except for plants know to be considered as fall planting hazards.Plants that are fall planting hazards shall only be harvested prior to ID Species 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 machine until 1 Acer tataricum SUbsp ginnala sp. 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,and debris 2 Cercis canadensis Eastern redbud 6 6' larger than l". I 3 Cornus mas Cornelian cherry dogwood 12 6' 7.All installed trees to be mulched with 3"depth of partially decomposed hardwood mulch over weed barrier. � r 4 Malas x'Red Splendor' Red Splendor crabapple 6 6' 8.Guarantee all work for a period of one year beginning at the date of acceptance.Make all replacements promptly as per direction of owner. 5 Picea glauca var.densata Black Hills spruce 15 8' 9.water and maintain all plant materials,until initial acceptance. .. . 6 Pinus flexilis'Vanderwolf' Vanderwolf limber pine 15 8' 10.Coordinate installation with work of other sections Landscape Plan Prepared By: 7 Syringa reticulata sp. Japanese tree lilac 12 6' 11.Notification of JULIE,811,is required for all planting areas.The Contractor is responsible for knowing the location and avoiding utilities that are Total: 71 not covered by the local utility locator service. H111 i m.. 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 g 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 Tree Type: Deciduous (loses leaves seasonally) Mature Tree Height: 20 - 25 Feet Mature Tree Span:. 15 - 20 Feet Features: Small 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) t + Asr 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 Berhheim Black Hills Spruce Picea glauca var densata Tree Type: Evergreen (year-round leaves) Mature Tree Height: 20 - 40 Feet Mature Tree Span: 10 - 15 Feet Features: Scaly, silver , grey color bark, green to blue green needles ,x 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 IVI4 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 C Engineering Enterprises,Inc. 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—9st 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 Road,52 Wheeler Sugar Grove, 60554 • 1 466 6700 • 1 466 • i '• • 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 e-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) \\Milkyway\EEI_Storage\Dots\Public\Yorkville\2018\YO1829-DR GRNE Solar Farm\DocsZoncept Review.doc