Ordinance 2023-09 202300013411
DEBBIE GILLETTE
RECORDER-KENDALL COUNTY,IL
RECORDED: 11/17/2023 12:29 PM
ORDI: 57.00
PAGES: 5
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2023-09
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS,APPROVING THE REZONING TO THE A-1 AGRICULTURAL ZONING
DISTRICT OF CERTAIN TERRITORY GENERALLY LOCATED AT NORTH AND
SOUTH OF THE BURLINGTON NORTHERN SANTA FE RAILROAD LINE, EAST OF
BEECHER ROAD
(NEW LEAF ENERGY—SOLAR FARM)
Passed by the City Council of the
United City of Yorkville, Kendall County, Illinois
This 11`h day of April, 2023
Prepared by and Return to:
United City of Yorkville
651 Prairie Pointe Drive
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 November 16, 2023.
STATE OF ILLINOIS )
) ss.
COUNTY OF KENDALL )
Ordinance No. 2023-09
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,APPROVING THE REZONING TO THE A-1 AGRICULTURAL ZONING
DISTRICT OF CERTAIN TERRITORY GENERALLY LOCATED AT NORTH AND
SOUTH OF THE BURLINGTON NORTHERN SANTA FE RAILROAD LINE,EAST OF
BEECHER ROAD
(New Leaf Energy—Solar Farm)
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, New Leaf Energy, Inc. dba Beecher Solar 1, LLC, (the "Applicant") is
leasing 18.44 acres for the proposed installation of approximately 9,700 freestanding solar
energy systems on the property owned by Robert M. and Ildefonsa Loftus located immediately
north of the BNSF railroad line and east of Beecher Road (the "Subject Property"), within the
corporate limits of the City legally described in Section 2 and as shown on Exhibit A attached
hereto and made a part hereof, and is seeking rezoning of the Subject Property into the A-1
Agricultural Zoning District; and,
WHEREAS, the Subject Property was approved annexation within the City on March 7,
2023 and is automatically classified in the R-1 Single-Family Suburban Residence District as set
forth in Section 10-5-5 of the Zoning Code; and,
WHEREAS, the Applicant desires to rezone the Subject Property into the A-1
Agricultural Zoning District; and,
WHEREAS, the Planning and Zoning Commission convened and held a public hearing
on February 8, 2023, to consider the rezoning after publication of notice and notice to property
owners within five hundred (500) feet of the Subject Property; and,
WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in
Section 10-4-10B.4 and made findings of fact and recommendation to the Mayor and City
Council (the "Corporate Authorities") for approval of the rezoning; and,
WHEREAS, the Corporate Authorities have received and considered the
recommendation of the Planning and Zoning Commission.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Ordinance No.2023-09
Page 2
Section 1. The above recitals are incorporated herein and made a part of this Ordinance.
Section 2. That the Corporate Authorities hereby approve the rezoning of the Subject
Property, legally described as:
THAT PART OF THE SOUTHWEST V4 OF SECTION 17; PART OF THE SOUTHEAST 1/4
OF SECTION 18 AND PART OF THE NORTHEAST 1/4 OF SECTION 19, TOWNSHIP 37
NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
COMMENCING ON THE NORTH LINE OF SECTION 19 AFORESAID, 35.04 CHAINS
WEST OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 0 DEGREES, 35
MINUTES, 0 SECONDS EAST 0.55 CHAINS TO THE SOUTH RIGHT-OF-WAY OF THE
CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY FOR THE POINT OF
BEGINNING; THENCE SOUTH 0 DEGREES, 35 MINUTES, 0 SECONDS WEST TO THE
CENTER LINE OF THE BRISTOL AND PLANO ROAD; THENCE SOUTHEASTERLY
ALONG SAID CENTER LINE TO THE CENTER OF ROB ROY CREEK; THENCE
NORTHEASTERLY ALONG SAID CENTER LINE TO THE EAST LINE OF SECTION 19;
THENCE NORTH ALONG SAID EAST LINE 6.44 CHAINS TO THE SOUTHWEST
CORNER OF SECTION 17; THENCE EAST ALONG THE SOUTH LINE OF SAID
SECTION 2.30 CHAINS; THENCE NORTHEASTERLY TO A POINT ON THE NORTH
LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST '/a OF SECTION 17 WHICH IS 5.50
CHAINS EAST OF THE NORTHWEST CORNER OF SAID QUARTER QUARTER;
THENCE WEST ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 17 AND ALONG THE NORTH LINE OF THE SOUTHEAST
1/4 OF THE SOUTHEAST 1/4 OF SECTION 18 TO THE NORTHWEST CORNER OF SAID
SOUTHEAST 1/4 OF THE SOUTHEAST 1/4; THENCE SOUTH ALONG THE WEST LINE
OF SAID QUARTER QUARTER TO THE SOUTH RIGHT-OF-WAY LINE OF THE
CHICAGO, BURLINGTON, AND QUINCY RAILROAD COMPANY; THENCE
WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY TO THE POINT OF BEGINNING,
(EXCEPTING THEREFROM THE RIGHT-OF-WAY OF THE CHICAGO, BURLINGTON,
AND QUINCY RAILROAD COMPANY) IN THE TOWNSHIP OF BRISTOL, KENDALL
COUNTY, ILLINOIS.
with Property Index Numbers 02-18-400-005,02-18-400-006, and 02-17-300-002 into the A-1
Agricultural Zoning District.
Section 3. This Ordinance shall be in full force and effect upon its passage, approval,
and publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
11th day of April, A.D. 2023.
tip beas.
lirrTY CLERK
Ordinance No.2023-09
Page 3
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING NAY
CHRIS FUNKHOUSER NAY MATT MAREK AYE
SEAVER TARULIS NAY RUSTY CORNEILS PRESENT
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this 141cIlay of 49 i/j l , A.D. 2023.
MAYOR
Ordinance No.2023-09
Page 4
EXHIBIT A
THAT PART OF THE SOUTHWEST '/ OF SECTION 17; PART OF THE SOUTHEAST
OF SECTION 18 AND PART OF THE NORTHEAST ' OF SECTION 19, TOWNSHIP 37
NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
COMMENCING ON THE NORTH LINE OF SECTION 19 AFORESAID, 35.04 CHAINS
WEST OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 0 DEGREES, 35
MINUTES, 0 SECONDS EAST 0.55 CHAINS TO THE SOUTH RIGHT-OF-WAY OF THE
CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY FOR THE POINT OF
BEGINNING; THENCE SOUTH 0 DEGREES, 35 MINUTES, 0 SECONDS WEST TO THE
CENTER LINE OF THE BRISTOL AND PLANO ROAD; THENCE SOUTHEASTERLY
ALONG SAID CENTER LINE TO THE CENTER OF ROB ROY CREEK; THENCE
NORTHEASTERLY ALONG SAID CENTER LINE TO THE EAST LINE OF SECTION 19;
THENCE NORTH ALONG SAID EAST LINE 6.44 CHAINS TO THE SOUTHWEST
CORNER OF SECTION 17; THENCE EAST ALONG THE SOUTH LINE OF SAID
SECTION 2.30 CHAINS; THENCE NORTHEASTERLY TO A POINT ON THE NORTH
LINE OF THE SOUTHWEST '/ OF THE SOUTHWEST % OF SECTION 17 WHICH IS 5.50
CHAINS EAST OF THE NORTHWEST CORNER OF SAID QUARTER QUARTER;
THENCE WEST ALONG THE NORTH LINE OF THE SOUTHWEST 1 OF THE
SOUTHWEST ' OF SECTION 17 AND ALONG THE NORTH LINE OF THE SOUTHEAST
1 OF THE SOUTHEAST % OF SECTION 18 TO THE NORTHWEST CORNER OF SAID
SOUTHEAST ' OF THE SOUTHEAST 1/4; THENCE SOUTH ALONG THE WEST LINE
OF SAID QUARTER QUARTER TO THE SOUTH RIGHT-OF-WAY LINE OF THE
CHICAGO, BURLINGTON, AND QUINCY RAILROAD COMPANY; THENCE
WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY TO THE POINT OF BEGINNING,
(EXCEPTING THEREFROM THE RIGHT-OF-WAY OF THE CHICAGO, BURLINGTON,
AND QUINCY RAILROAD COMPANY) IN THE TOWNSHIP OF BRISTOL, KENDALL
COUNTY, ILLINOIS.
Property Index Numbers 02-18-400-005, 02-18-400-006, and 02-17-300-002 into the A-1
Agricultural Zoning District.
Ordinance No.2023-09
Page 5