Ordinance 2023-59 III IIII it II IIII II III II II
202300014865
DEBBIE GILLETTE
RECORDER-KENDALL COUNTY, 1L
RECORDED: 12/29/2023 12:25 PM
ORDI: 57.00
PAGES: 6
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2023-59
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS,
APPROVING A SPECIAL USE FOR A SOLAR FARM WITH
FREESTANDING SOLAR ENERGY SYSTEMS
(NEW LEAF ENERGY)
•
Passed by the City Council of the
United City of Yorkville, Kendall County, Illinois
This 12'h day of December, 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 December 20, 2023.
�1
Ordinance No. 2023-59
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS,
APPROVING A SPECIAL USE FOR A SOLAR FARM WITH
FREESTANDING SOLAR ENERGY SYSTEMS
(New Leaf Energy)
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, New Leaf Energy, Inc. dba Beecher Solar 1, LLC, ("the Lessee") is leasing
land 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 27-acre parcel north of the BNSF railroad right-of-
way is 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 A-1 Agricultural 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(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 permit was sent by certified mail; and,
WHEREAS, the Planning and Zoning Commission convened and held a public hearing
on the 8th day of February, 2023, for the consideration of the special use application; and,
Ordinance No.2023-59
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 SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 17 AND THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 18, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, LYING NORTH OF THE CHICAGO, BURLINGTON AND
QUINCY RAILROAD AND LYING EAST OF THE EAST LINE OF BEECHER ROAD AND
LYING WEST OF THE CENTERLINE OF ROB ROY CREEK, ALL IN KENDALL
COUNTY, ILLINOIS.
with Property Index Numbers 02-18-400-005 and 02-17-300-002 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 petitioner will provide a photometric plan as part of the final engineering plan
submittal.
b. A chain link fence will be installed, and slats will be placed on the portion of the
fence facing Beecher Road.
c. A Knox box with keys provided to the City's building department and Bristol
Kendall Fire District (BKFD).
d. The petitioner shall make a one-time payment of$315,932 to the City in lieu of
constructing the required Beecher Road Improvements based upon forty percent
(40%) of the City Engineer's approved probable estimate of construction cost to
be escrowed and used for future Beecher Road improvements. Such payment will
be due prior to the issuance of the building permit for the solar farm.
e. A landscape plan be submitted as part of the final engineering plan submittal, per
comments from the City Engineer.
Ordinance No. 2023-59
Page 3
f. The petitioner shall provide a security guarantee for decommissioning of the
system in the amount of $361,270.59 and in a form acceptable to the City
Engineer with an inflation rate of 3%.
g. The petitioner shall provide 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.
h. Compliance with all comments prepared by Engineering Enterprises, Inc., the
City's engineering consultant, in a letter dated January 10, 2023 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
12th day of December, A.D. 2023.
CIT CLERK
KEN KOCH AYE DAN TRANSIER ABSENT
ARDEN JOE PLOCHER AYE CRAIG SOLING PRESENT
CHRIS FUNKHOUSER ABSENT MATT MAREK AYE
SEAVER TARULIS NAY RUSTY CORNEILS AYE
JOHN PURCELL AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this al(nay of December, A.D. 2023.
MAYOR
Ordinance No.2023-59
Page 4
Engineering Enterprises, Inc.
ix
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January 10, 2023
Ms. Krysti Barksdale-Noble
Community Development Director
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Re: New Leaf Energy— Solar Farm
Annexation, Rezoning, & Special Use Request— 2nd Submittal
United City of Yorkville
Dear Krysti:
We have reviewed the following items for the above referenced project:
• Project Narrative
• Special Use Permit Plan Set (6 sheets) dated December 23, 2022, prepared by New Leaf
Energy.
• Other Supporting Documentation
Our review of these plans and reports are 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:
The below comments are outstanding from EEl's review letter dated November 29, 2022. In New
Leaf's response letter dated December 23, 2022, they stated that they will address these
comments in future submittals.
General
1. The following permits may be required during final engineering and should be provided to the City
when obtained. The City and EEI should be copied on all correspondence with the agencies.
• IEPA NPDES General Construction Permit is required. The Notice of Intent must be
filed with IEPA 30 days prior to start of construction.
• USACE Jurisdictional Determination of wetlands
• Stormwater permit application in accordance with the Yorkville Storm Water
Management Ordinance (Kendall Countywide Ordinance)
2. The following will need to be submitted with Final Engineering Plans:
a. Truck turning exhibits for delivery and emergency vehicles
52 Wheeler Road . Sii(j:)r Glove, IL 60554 • Tel: 630.466,6700 • Fax:630,46E 6701 • v1vJ J.e('iviir.'17.com
Ms. Krysti Barksdale-Noble
January 10, 2023
Page 2
b. Landscape plan
c. Photometric plan
3. There is a floodplain on the property associated with Rob Roy Creek that was identified in the
Interim Hydrologic & Hydraulic Analysis of Rob Roy Creek, 2005. The property will have to be
developed in accordance with the floodplain provisions of the City's stormwater ordinance.
4. Any impacts to the wetlands should be designed in accordance with the United City of Yorkville's
Wetland Protection Regulations.
5. A plat of dedication document will need to be prepared.
6. Coordination with a planned sanitary sewer along the railroad route will be required.
7. Additional stormwater calculations based on maximum allowable release rate will be required.
8. Improvements to Beecher Road may be required. Beecher Road is currently not constructed to
City standards.
9. The inflation for the decommissioning estimate is shown at 2.0%. A higher value should be used.
If you have any questions or require additional information, please contact our office.
Respectfully Submitted,
ENGINEERING ENTERPRISES, INC.
Bradley P. anderson, P.E.
Chief Operating Officer/ President
BPS/tnp/pgw2
pc: Mr. Bart Olson, City Administrator (via email)
Ms. Erin Willrett, Assistant City Administrator(via email)
Mr. Jason Engberg, Senior Planner(via email)
Mr. Eric Dhuse, Director of Public Works (via email)
Mr. Pete Ratos, Building Department (via email)
Ms. Dee Weinert, Admin Assistant (via email)
Ms. Joni Behland, City Clerk (via email)
Mr. C. Dean Smith, New Leaf Energy (via email)
TNP, PGW2, EEI (Via e-mail)
\Milkyway\EEI Storage\Docs\Public\Yorkvllle\2022\Y02255-DR New Leaf Energy-Solar Farm\Docs\IcoyReview02.doc