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Planning and Zoning Commission Packet 2024 04-10-24 PLANNING AND ZONING COMMISSION AGENDA Wednesday, April 10, 2024 7:00 PM Yorkville City Hall Council Chambers 651 Prairie Pointe Drive Meeting Called to Order: 7:00 p.m. Roll Call: Previous meeting minutes: March 13, 2024 Citizen’s Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PZC 2024-05 Corneils Road Solar, LLC, petitioner, on behalf of Gary L. and Betty S. Bennett, owners, has filed applications with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification and special use authorization. The real property is generally located immediately north of Corneils Road, approximately 1,700 feet east of Beecher Road, and approximately 4,300 feet west of IL. Route 47 (N. Bridge Street) consisting of 94 acres. The petitioner is requesting rezoning approval from R-1 Single-Family Suburban Residential District to A-1 Agricultural District (contingent on approval of annexation by the City Council). The petitioner is also requesting special use permit approval in pursuant to Section 10-8-5 of the Yorkville City Code for a solar farm. Unfinished Business New Business 1. PZC 2024-06 Corneils Road Solar, LLC, petitioner, on behalf of Gary L. and Betty S. Bennett, owners, has filed applications with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification and special use authorization. The real property is generally located immediately north of Corneils Road, approximately 1,700 feet east of Beecher Road, and approximately 4,300 feet west of IL. Route 47 (N. Bridge Street) consisting of 94 acres. The petitioner is requesting rezoning approval from R-1 Single-Family Suburban Residential District to A-1 Agricultural District (contingent on approval of annexation by the City Council). The petitioner is also requesting special use permit approval in pursuant to Section 10-8-5 of the Yorkville City Code for a solar farm. Action Item Rezone and Special Use United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us Additional Business 1. City Council Action Updates a. PZC 2024-06 United City of Yorkville, petitioner, is proposing to amend Section 10-4-13 Alternative Energy Use Standards regarding solar farms of the Yorkville Unified Development Ordinance. The proposed text amendment provides additional regulations requiring a minimum distance of one-thousand feet (1,000’) from the nearest solar array to a major corridor and the Fox River. Additional minor proposed text amendments include typographical errors, clarification regarding solar glare, proof of utility service provider, and easement requirements. Action Item Text Amendment Adjournment DRAFT Page 1 of 2 PLANNING & ZONING COMMISSION City Council Chambers 651 Prairie Pointe Drive, Yorkville, IL Wednesday, March 13, 2024 7:00pm Meeting Called to Order Chairman Richard Vinyard called the meeting to order at 7:00pm, roll was called and a quorum was established. Roll Call Reagan Goins-yes, Greg Millen-yes, Ryan Forristall-yes, Richard Vinyard-yes, Danny Williams-yes Absent: Rusty Hyett City Staff Krysti Barksdale-Noble, Community Development Director Sara Mendez, Planner I Other Guests Lynn Dubajic Kellogg, City Consultant Chris Vitosh, Vitosh Reporting Service Previous Meeting Minutes February 14, 2024 Motion by Mr. Williams and second by Ms. Goins to approve the minutes as presented. Roll call: Goins-yes, Millen-yes, Forristall-yes, Vinyard-yes, Williams-yes Carried 5-0. Citizen’s Comments None Public Hearings 1. PZC 2024-06 United City of Yorkville, petitioner, is proposing to amend Section 10-4-13 Alternative Energy Use Standards regarding solar farms of the Yorkville Unified Development Ordinance. The proposed text amendment provides additional regulations requiring a minimum distance of one-thousand feet (1,000') from the nearest solar array to a major corridor and the Fox River. Additional minor proposed text amendments include typographical errors, clarification regarding solar glare, proof of utility service provider and easement requirements. Chairman Vinyard explained the procedure for the Public Hearing and hearing testimony. A motion was made and seconded by Mr. Williams and Ms. Goins, respectively, to open the Public Hearing at approximately 7:02pm. Roll call: Goins-yes, Millen-yes, Forristall-yes, Vinyard-yes, Williams-yes. Carried 5-0. Mr. Vinyard read the Hearing description. Page 2 of 2 (See Court Reporter's Transcript of Hearing) At approximately 7:10pm a motion was made by Mr. Williams and seconded by Ms. Goins to close the Public Hearing. Roll call: Millen-yes, Forristall-yes, Vinyard-yes Williams-yes, Goins-yes. Carried 5-0. Unfinished Business None New Business 1. PZC 2024-06 United City of Yorkville (same as description above) Ms. Noble added that the buffer lines and transmission line information for ComEd are included in the agenda packet. Mr. Williams asked if a variance will be needed for the panels that are located about 900 feet off-site. Ms. Noble said they will not need a variance, there is a Special Use in place. Action Item Text Amendment A motion was made by Mr. Williams and seconded by Ms. Goins to approve PZC 2024- 06. Motion: In consideration of testimony presented during a Public Hearing on March 13, 2024 and discussions conducted at that meeting, the Planning and Zoning Commission recommends approval to the City Council of a request to amend 10-4-13 Alternative Energy Use Standards regarding solar farms of the Yorkville Unified Development Ordinance as presented in a staff memorandum dated March 1, 2024. Roll call: Forristall-yes, Vinyard-yes, Williams-yes, Goins-yes, Millen-yes. Carried 5-0. Additional Business 1. City Council Action Updates a. PZC 2024-04 United City of Yorkville, petitioner, is proposing to amend the Yorkville Comprehensive Plan, including a modified future land use map, pursuant to Section 11-12-7 of the Illinois Municipal Code (65 ILCS 5/11-12-7) and Section 9-1-1 of the Yorkville City Code. The proposed amendment adds sections of the Future Land Use – Map Addendum to reclassify the property located at Cannonball Trail and south of Galena Road from “Estate Conservation/Residential” to a land use designation of ”Agricultural Zone (AZ)”. The request will also amend the property located at the southeast corner of US Route 34 and Sycamore Road from the “Neighborhood Retail (NR)” to the “Mid-Density Residential (MDR)” land use category. The changes are a result of rezoning approvals made by the City Council in calendar year 2023. Action Item Text Amendment Adjournment There was no further business and the meeting was adjourned at 7:12pm on a motion by Mr. Williams, seconded by Ms. Goins. Unanimous voice vote approval. Respectfully submitted by Marlys Young, Minute Taker 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - March 13, 2024 1 UNITED CITY OF YORKVILLE YORKVILLE, ILLINOIS PLANNING AND ZONING COMMISSION PUBLIC HEARING 651 Prairie Pointe Drive Yorkville, Illinois Wednesday, March 13, 2024 7 :00 p .m . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - March 13, 2024 2 PRESENT: (In-person and via Zoom.) Mr. Rich Vinyard, Chairman, Ms. Reagan Goins, Mr. Danny Williams, Mr. Greg Millen, Mr. Ryan Forristall. ALSO PRESENT: Ms. Krysti Barksdale-Noble, Community Development Director; Ms. Sara Mendez, Planner; Ms. Marlys Young, Minute Taker. - - - - - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - March 13, 2024 3 (WHEREUPON, the following proceedings were had in public hearing:) CHAIRMAN VINYARD: There is one public hearing scheduled for tonight's Planning and Zoning Commission meeting. The purpose of this hearing is to invite testimony from members of the public regarding the proposed request that is being considered before this Commission tonight. Public testimony from persons present who wish to speak may be for or against the request or ask questions of the petitioner regarding the request being heard. Those persons wishing to testify are asked to speak clearly, one at a time, and state your name, who you represent. You are also asked to sign in at the podium. If you plan to speak during tonight's public hearing as a petitioner or as a member of the public, please stand and raise your right hand. We are going to skip that since we have nobody. Very good. All right. The order for receiving testimony during a public hearing will be as 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - March 13, 2024 4 follows: The petitioner presentation; those who wish to speak in favor of the request; and those who wish to speak in opposition of the request. So may I have the motion to open public hearing on Petition Number PZC 2024-0 6 , United City of Yorkville for a text amendment to Unified Development Ordinance? MR. WILLIAMS: So moved. MS. GOINS: Second. CHAIRMAN VINYARD: Roll call on the vote, please. MS. YOUNG: Yes. Goins. MS. GOINS: Yes. MS. YOUNG: Millen. MR. MILLEN: Yes. MS. YOUNG: Forristall. MR. FORRISTALL: Yes. MS. YOUNG: Vinyard. CHAIRMAN VINYARD: Yes. MS. YOUNG: And Williams. MR. WILLIAMS: Yes. CHAIRMAN VINYARD: Okay. The public hearing up for discussion tonight is as follows: The United City of Yorkville, petitioner, is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - March 13, 2024 5 proposing to amend Section 10-4 -13, Alternative Energy Use Standards regarding solar farms of the Unified -- or Yorkville Unified Development Ordinance. The proposed text amendment provides additional regulations requiring a minimum distance of 1 ,000 feet from the nearest solar array to a major corridor and the Fox River. Additional minor proposed text amendments include typographical errors, clarification regarding solar glare, proof of utility service provider, and easement requirements. Is the petitioner for PZC 2024-0 6 , the United City of Yorkville, ready to present? MS. NOBLE: Yes, I am. Okay. So tonight's request stems from feedback that Staff received from the EDC back in September. We had a proposal for a solar location that was very close to a major right-of-way and there was discussion among the members that this may not be a suitable location for solar. They did not deny the request; the request has yet to move forward. So at that meeting Staff asked that further direction or just some discussion be had 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - March 13, 2024 6 by the members of the Council to determine if they had any specific preferences on regulations for a solar field, so out of that discussion in September, Staff came back in January and we did some research and we found that there are some planning advisory articles with recommendation on parameters for large scale solar developments, so some of those recommendations included either capping the maximum acreage or density for those types of facilities in a community, locating those solar farms outside of high growth areas or areas proposed for potential commercial development or residential development, you know, i .e ., doing a setback buffer from roadways, or minimizing the impact to viewshed, so requiring another distance from something that has a significant environmental feature or a line of sight of a resource. So the EDC at the January meeting decided on three recommendations to amend our ordinance. One was to require a minimum distance of 1 ,000 feet from the nearest solar array to a major roadway, so it's not from the property line to the roadway, but from the near -- from the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - March 13, 2024 7 nearest solar panel to the roadway, so w hat you can see visually. They also made a recommendation of a 1 ,000 foot buffer between the nearest solar array and the Fox River because that is a scenic amenity in the city, and then they also recommended to cap all solar farms within the city to five. So the City Attorney reviewed the request. She had no issues with the minimum distance requirements, but she did give an opinion regarding capping the total number of solar arrays -- solar farms in the city. She felt that even though there was no current case study that proved that cities or municipalities can't cap, she felt that it would be problematic restricting a specific land use in that sense without any solid justification as compared to any other land use, so Staff is not recommending in this version of the text amendment to cap those solar fields to five in the city. Just for everyone's reference, we had about eight or nine solar field either 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - March 13, 2024 8 requests or petitions come into the city. Three so far have been approved. One is working its -- actually two are working their way through the approval process, so if we did cap, those would be the only five at this point, but there is still some inquiries from the other projects, but based on what we have recommended, the three solar fields that were approved, all three would meet the minimum setback requirements. I 'm sorry, two to meet those minimum setback requirements, one would be the Kendall County campus, the court campus, the G RE solar field, which is about 900 feet from U .S . 34, so the recommendation was 1 ,000 feet. Again, that was our first development that was approved in the city. So the proposed text amendment in addition to the two buffer distance requirements, we also are proposing to correct some typographical and grammatical errors, clarifying regulations regarding solar and requiring proof of utility service provider and a blanket easement, a nd then just generally I 'll go through those. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - March 13, 2024 9 We are recommending changing the title from 10-4 -13 A 2 , from Alternative Energy Systems to Solar and Wind Farms. It's just to clarify that only commercial scale solar and wind are required to be a n accessory use to a principal permitted use, whereas individual solar or wind turbines can be a permitted principal use on the lot. We are adding a clause that ensures that any solar farm that is proposing to go on the city already have a local electric utility contact, so that they have an agreement already set up; therefore, we know that the actual development is viable to connect to existing electrical lines. Then we talk about specific language for solar glare. There is language that exists in other sections of the ordinance, but not specifically for solar farms, so we felt that that was just an inadvertent oversight in the combining of the former ordinance and the current one for UDO, so we are just correcting that, and the last one is a blanket easement. Right now it is a Staff 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - March 13, 2024 10 recommendation that there is a blanket easement over solar fields, and the only reason why we do that is if at any time the field is abandoned, we have a bond in place, but if we don't have right of entry onto the property, we can't then decommission the solar panel, so right now we haven't had any pushback by anyone, just making it a Staff recommendation, but we felt it would be stronger if it's codified. CHAIRMAN VINYARD: Condition of the bond? MS. NOBLE: Correct. Exactly. So Staff is recommending and supportive of these changes to the UDO for alternative energy standards, use standards. If anyone has any questions, I am available to answer them. CHAIRMAN VINYARD: All right. Is there anyone present who wishes to speak in favor of the request, or by Zoom? (No response.) CHAIRMAN VINYARD: Anyone present who wants to speak in opposition of the request? (No response.) CHAIRMAN VINYARD: Any questions from 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - March 13, 2024 11 the Commissioners? MR. WILLIAMS: None. CHAIRMAN VINYARD: Dan? MR. WILLIAMS: Sorry, none at this at this time. CHAIRMAN VINYARD: Since all public testimony has been taken, may I have a motion to close the taking of testimony in this public hearing? MR. WILLIAMS: So moved. MR. MILLEN: Second. CHAIRMAN VINYARD: Roll call vote on the motion, please? MS. YOUNG: Yes. Millen. MR. MILLEN: Yes. MS. YOUNG: Forristall. MR. FORRISTALL: Yes. MS. YOUNG: Vinyard. CHAIRMAN VINYARD: Yes. MS. YOUNG: Williams. MR. WILLIAMS: Yes. MS. YOUNG: And Goins. MS. GOINS: Yes. MS. YOUNG: Thank you. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - March 13, 2024 12 CHAIRMAN VINYARD: The public hearing portion of tonight's meeting is closed. (Which were all the proceedings had in the public healthcare portion of the meeting.) ---o 0 o --- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - March 13, 2024 13 STATE OF ILLINOIS ) ) SS: COUNTY OF LASALLE ) I , CHRISTINE M . VITOSH, a Certified Shorthand Reporter of the State of Illinois, do hereby certify: That previous to the commencement of any testimony heard, the witnesses were duly sworn to testify the whole truth concerning the matters herein; That the foregoing public hearing transcript, Pages 1 through 14, was reported stenographically by me by means of machine shorthand, was simultaneously reduced to typewriting via computer-aided transcription under my personal direction, and constitutes a true record of the testimony given and the proceedings had; That the said public hearing was taken before me at the time and place specified; That I am not a relative or employee or attorney or counsel, nor a relative or employee of such attorney or counsel for any of the parties hereto, nor interested directly or indirectly in the outcome of this action. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - March 13, 2024 14 I further certify that my certificate attached hereto applies to the original transcript and copies thereof signed and certified under my hand only. I assume no responsibility for the accuracy of any reproduced copies not made under my control or direction. IN WITNESS WHEREOF, I do hereunto set my hand at Leland, Illinois, this 18th day of March, 2024. __________________________________ CHRISTINE M. VITOSH, C.S.R. 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2:13 Z Zoning [1] - 3:6 ZONING [1] - 1:10 Zoom [2] - 2:1, 10:19 BACKGROUND AND PROJECT DESCRIPTION: The petitioner, Daniel Kramer on behalf of Nexamp dba Corneils Road Solar, LLC, contract leasee, is requesting annexation, rezoning, and special use permit approval to construct a 5-megawatt (MW) alternating current (AC) freestanding community solar farm. As part of the request, the petitioner is seeking to annex three (3) unincorporated agricultural parcels (#02-08-300-008, 02-08-300-011, and 02-08-300- 012). The owners of the real property are Gary and Betty Bennett. The proposed 31-acre solar farm will be situated on approximately 94 acres of existing farmland located in unincorporated Kendall County immediately north of Corneils Road, east of Beecher Road and west of IL Route 47 (N. Bridge Street). The property also consists of an existing farm homestead with accessory buildings. ANNEXATION REQUEST: Memorandum To: Planning and Zoning Commission From: Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: April 2, 2024 Subject: PZC 2024-05 Corneils Road Solar, LLC/Nexamp, Inc. (Bennett) Annexation, Rezoning and Special Use As mentioned, the applicant seeks annexation of three (3) unincorporated parcels, #02-08-300-008, 02-08-300-011, and 02-08-300-012, totaling approximately 94-acres for the purpose of constructing and operating a community solar farm on approximately 31 acres of the annexed area. Contiguity of the subject parcels and Yorkville’s current corporate boundary is established immediately south of Corneils Road (Westbury South Village) and abutting to the east is the Westbury East Village. Both developments are unimproved but are entitled for mixed-use planned unit developments. Annexation is contingent upon City Council approval of a requested rezoning to A-1 Agricultural District and special use authorization for the solar farm. A draft annexation agreement has been provided for review and comment. A Plat of Annexation is required as an exhibit to the annexation agreement. A public hearing for the proposed annexation is set for April 23, 2024 before the City Council. REZONING REQUEST: Per Section 10-3-4 of the Yorkville Unified Development Ordinance (UDO), any territory annexed to the city shall automatically be classified within the R-1 Single-Family Suburban Residential District. Therefore, the petitioner is seeking rezoning within the A-1 Agricultural District. This zoning classification would permit the continued farm use on the remainder of the annexed land. Table 10-3-12(B) Alternative Energy Uses of the United City of Yorkville’s Unified Development Ordinance identifies solar farms as special uses in the A-1 Agricultural District. Section 10-8-12 of the Unified Development Ordinance also states specific standards for rezoning which all recommendation bodies will review. The petitioner has provided responses to the established standards for each of the criteria provided in the application. The subject property is currently located in unincorporated and zoned A-1 Special Use in Kendall County. The following are the current immediate surrounding zoning and land uses: Zoning Land Use North A-1 SU/ M-3 SU (Unincorporated Kendall County) Agriculture/ Trans/Communication/Utility South Corneils Road R-4 (Westbury South Village PUD) Transportation/Agriculture East R-2, R-4, B-3 (Westbury East Village) Rob Roy Creek Agriculture/Undeveloped Residential/Tributary West A-1 (Unincorporated Kendall County) Residential/Agriculture COMPREHENSIVE PLAN: The 2016 Comprehensive Plan designates the future land use for this property as Estate/Conservation Residential (ERC). The Estate/Conservation Residential (ERC) designation is generally intended for future neighborhood developments that promotes flexibility in residential design, accommodates low density detached single family housing, and is sensitive to environmental and scenic features of the area and utilized this land use designation as a “holding” classification for those areas, particularly on the outskirts or along the perimeter of the City’s corporate boundaries that lacked the public infrastructure to support the development of the land within the 10-year timeline of the plan. While the proposed A-1 Agricultural District is not dissimilar to the large lot/low density residential envisioned for the ERC future land use designation, an amendment to the Comprehensive Plan would be required if the rezoning is approved. SPECIAL USE REQUEST: Simultaneously with the rezoning request, the applicant is seeking special use authorization. Below is a summary of the various components of the proposed 31-acre commercial solar farm development. Location on Site Section 10-4-13 Alternative Energy Use Standards in the City’s Unified Development Ordinance provides setbacks specific for solar farm uses in the A-1 Agricultural District. The following compares the yard setbacks required, excluding fences, for ground-mounted solar farm uses: Minimum Setback for Equipment to Property Line Proposed Setback Front (South) 100 feet ~1,691.3 feet Rear (North) 50 feet from nonresidential/100 feet from residential ~ 56.4 feet Side (East) 50 feet from nonresidential/100 feet from residential ~ 59.3 feet Side (West) 50 feet from nonresidential/100 feet from residential ~50.2 feet • It is noted within the project narrative there is a reference to the proposed solar system being over 1,000 feet from the nearest residential structure (from nearest existing residential structure to nearest proposed module). The proposed commercial solar farm will consist of approximately 11,592 modules installed over ~31-acres of the existing farmland and enclosed within a fenced area, per the project narrative. The system will include two (2) central inverters and 1-2 transformers, per the Decommissioning Plan. Additionally, the inverters and transformers will be located within the fence and mounted on a concrete pad. The petitioner will enter a twenty (20) year lease with the property owner to operate the proposed community solar farm. The lease also has an option to extend the lease term for one (1) ten (10) year term and then for one or both of two (2) additional five (5) year terms. ALTERNATIVE ENERGY SYSTEMS REGULATIONS: Section 10-4-13: Alternative Energy Systems of the Unified Development Ordinance identifies solar energy systems (solar farms) as a special use within all zoning districts and establishes regulations which were used in the review of this request. The following describes how the proposed plan meets the regulations for Freestanding Solar Energy Systems: Height The maximum height for solar systems, equipment, and structures shall not exceed thirty feet (30’) in height when ground mounted, per Section 10-4-13B.6 in the Unified Development Ordinance. The petitioner has submitted an exhibit (Sheet C-500 B Standard Details) illustrating a maximum solar array height as approx. 20 feet at maximum tilt. Additionally, the petitioner’s exhibit (Sheet C-06 A Standard Details) indicates a minimum solar array clearance as three (3) feet. Distance from Residential Properties In addition to meeting the required minimum setbacks, the closest array/module of the proposed solar farm will be ~1,336 feet from the property line of the nearest unincorporated residence located northwest on E. Beecher Road. Further, the overall solar farm project area is approximately 2,000 feet from the nearest residentially platted Yorkville property in the Caledonia subdivision located to the south. Glare Per the Unified Development Ordinance regarding Alternative Energy Systems for solar farms, the panels are to be placed such that the concentrated solar radiation or glare does is not directed onto nearby properties or roadways. The panels shall be placed to face east and rotate west to follow the path of the sun to collect the most sunlight throughout the day. The petitioner has provided a Forgesolar Glare Analysis of three (3) observation points where glare could potentially be seen emitting from the PV arrays as either “green glare” of “yellow glare”. Green glare is defined as a glare with low potential to cause an after image (flash blindness) when observed prior to a typical blink response time. While yellow glare is a glare with a higher potential to cause an after image when observed prior to a typical blink response. According to the analysis summary, none of the three (3) observation points produced a yellow or green glare at any time during the day light hours. Additionally, the petitioner also states the solar modules will be treated with anti-reflective coating to further minimize glare. Staff defers to the City Engineer, who recommends a photometric plan will need to be provided as part of the final engineering plans. Fencing The petitioner had originally proposed an eight (8) foot tall, fixed knot farm fence to surround the perimeter of the solar farm with a 20-foot-wide double swinging vehicle access gate. As stated in Section 10-4-13B.9 of the Unified Development Ordinance, systems, equipment, and structures in solar farms shall be fully enclosed and secured by fence or wall with a height of eight (8) feet in height. Per staff’s recommendation, the fence has been revised to an 8’ tall, galvanized chain link fence with PVC or HDPE slats, as illustrated below. Noise Per the petitioner’s project summary, the transformer is the greatest source of noise on the property. As proposed, the transformer will be centrally located within the fenced area on either side of the 100’ water course buffer. The transformer is located about 1,966 feet to the nearest residences located to the northwest on E. Beecher Road. Noise levels measured at the property line will not exceed fifty (50) decibels. Accessory Use Section 10-4-13-A-2 of the Unified Development Ordinance states that alternative energy systems shall be an accessory to the principal permitted use. The proposed solar farm will be accessory to the existing agricultural/farming land use, as only portion of the overall land is proposed for the community solar farm use (approx. 31.0 acres of 94 acres or ~33%). Additionally, the solar farm may occupy up to 80% of a given parcel. At this time, the petitioner is not seeking to consolidate the three (3) parcels. Therefore, the maximum coverage of the solar panels on each lot is provided on the table to the right. Signage Per Section 10-4-13B.9.a.(1) and (2) of the Yorkville Unified Development Ordinance, warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm. Additionally, signs shall be less than four (4) square feet and made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall also be displayed. The petitioner has provided plans that indicates contact information signage will be located on the solar farm’s fence. Utilities and Electric Service Provider Per Section 1-4-13B.4 of the Unified Development Ordinance, power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground. The proposed community solar farm will not require public utilities such as water or sanitary sewer. The routing of the electrical infrastructure required to connect to the ComEd system includes electrical cables installed underground for the entire project with the exception of a series of overhead poles (approx. 4) for a wire connection near Corneils Road. The petitioner has provided evidence that the electric utility service has been notified of the owner’s intent to install an interconnected customer owned electricity generator. A copy of an Interconnection Agreement, as prepared by ComEd dated 03/2/2023. PARCEL AREA MAXIMUM LOT COVERAGE 02-08-300-011 23.60 18.88 acres 02-08-300-008 47.75 38.20 acres 02-08-300-012 21.94 17.55 acres Access Road/Corneils Road Improvements The proposed site access is via Corneils Road through an existing gravel driveway. The plan proposes to connect a new 15’ wide gravel access drive into the fenced area with the solar system. The path provides access to the equipment, however, no formal parking stalls are provided, as no buildings, employees are planned on the site except for the occasional mowing or maintenance visits. Per Section 10-4-13B.5 of the Unified Development Ordinance, off street parking provided on-site shall be on a paved and gravel roads are not permitted. Petitioner has provided details regarding the proposed material for the access road, and staff defers to the City Engineer for approved roadway composition. Per the City Engineer’s review comments dated March 13, 2024, the proposed annexation will include potions of Corneils Road, therefore staff recommends dedication of a 40’ right-of-way. In addition, since Corneils Road is currently not constructed to City standards, improvements will be required, staff is also recommending in place of the petitioner constructing the improvements, they pay the value of the roadway improvements per the City Engineer’s estimate. Landscape Plan While landscaping is not required for solar farm uses, the petitioner had provided a landscape mix consistent with IDOT’s class 7 seed mix outside fenced areas and site-specific pollinator friendly seed mix within the fenced areas beneath the solar panels. Review comments have been provided by the consultant, Hey & Associates, on the proposed landscape plan. Abandoned Systems In the Unified Development Ordinance, Section 10-4-13-A.3 states all alternative energy systems inactive or inoperable for a period of 12 continuous months shall be deemed abandoned and the owner is required to repair or remove the system from the property at the owner’s expense within 90 days of notice from the City. To ensure compliance, the petitioner has provided a decommission plan narrative and construction estimate of $540,900.13 at year 25 with a 3% annual inflation rate. Per the City Engineer’s review comments in a letter dated March 13, 2024, staff finds the value acceptable. Therefore, staff recommends a security guarantee in this amount of 120% of the approved removal cost value and the estimate will need to be revised every three (3) years. The guarantee must also be in a form acceptable to the City Engineer as a condition of the Special Use approval. In addition to the security guarantee, staff also recommends 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, as a condition of the Special Use approval. The petitioner is aware of these conditions which will be a part of their special use authorization. Battery Energy Storage System The proposal also includes a Battery Energy Storage system located on the west side of the Rob Roy Creek drainage ditch, near the center of the fenced in solar farm. Per Table 10-3-12(B) Permitted and Special Uses in the Unified Development Ordinance, battery energy storage systems as primary uses are only permitted in the manufacturing districts. Since this battery storage system appears to be an accessory use, staff has requested additional information on the system. Upon review by the City’s Building Code Official and the Bristol Kendall Fire District’s (BKFD) Fire Marshal, staff recommends a minimum ten (10) foot setback from all structures on the property and the proposed battery energy storage system. ENGINEERING COMMENTS: Please refer to the attached comments prepared by Engineering Enterprises Inc. (EEI) dated January 10, 2024 revised February 15, 2024, and March 13, 2024. The petitioner has responded to the letter with comments provided February 28, 2024, which are attached for your review. The work items listed in the review letters dated January 10, 2024 revised February 15, 2024 and March 13, 2024 will become conditions for the Special Use and a requirement for issuance of a building permit. RECENT UDO TEXT AMENDMENT The City Council recently approved an amendment to the Unified Development Ordinance at their March 26, 2024 meeting establishing acceptable locations of solar farm developments within Yorkville which are as follows: (1) a minimum 1,000-foot buffer between the nearest solar array and a major roadway and (2) a minimum 1,000-foot buffer between the nearest solar array and the Fox River. The proposed location of the Corneils Road Solar Farm meets the above approved criteria. REZONING STANDARDS Section 10-8-12 Map Amendments establishes criteria for findings of fact related to rezoning (map amendment) requests. When the purpose and affect is to change the zoning of a property and amend the City’s Zoning Map, the Planning and Zoning Commission shall consider each of the following facts before rendering a decision on the request. The petitioner has provided answers to each of the criteria in the application these standards which are included in the packet for your review and will be entered into the public record as part of the public hearing process. The standards are: 1. The existing uses and zoning of nearby property. 2. The extent to which the property values are diminished by the particular zoning restrictions. 3. The extent to which the destruction of the property values of plaintiff promotes the health, safety, morals, or general welfare of the public. 4. The relative gain to the public as compared to the hardship imposed upon the individual property owner. 5. The suitability of the subject property for the zoned purpose. 6. The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property. 7. The community need for the proposed use. 8. The care to which the community has undertaken to plan its land use development. Additional UDO standards: 1. The proposed Map Amendment s consistent with the Comprehensive Plan and the purposes of the UDO. 2. The proposed Map Amendment is consistent with the existing and planned uses and zoning of the nearby properties. 3. The subject property is suitable for the purposes of the proposed district. 4. The proposed Map Amendment will not result in an individual parcel zoned in one zoning district that is not shared by the adjacent parcels. 5. The proposed parcel(s) to be rezoned shall meet the minimum frontage and area requirements of the requested rezoning district as specified in Section 10-3-9(A). SPECIAL USE STANDARDS Section 10-8-5-D states specific standards for special use which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application which are included in the packet for your review and will be entered into the public record as part of the public hearing process. The standards are: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The proposed special use is not contrary to the objectives of the official comprehensive plan of the City as amended. STAFF RECOMMENDATIONS: Staff recommends the following conditions to the special use: 1. A photometric plan will need to be provided as part of the final engineering plans. 2. Dedication of a 40’ right-of-way along Corneils Road. 3. In lieu of the petitioner constructing the improvements to Corneils Road, they pay the value of the roadway improvements, per the City Engineer’s approved probable estimated of construction cost to be escrowed and used for future Corneils Road improvements. 4. A security guarantee in this amount of 120% of the approved removal cost value as presented in a Decommissioning Plan prepared by Atwell, LLC dated 2/26/2024. Said estimate will need to be revised every three (3) years. The guarantee must also be in a form acceptable to the City Engineer as a condition of the Special Use approval. 5. 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. 6. A minimum ten (10) foot setback from all structures on the property and the proposed battery energy storage system. 7. Substantial conformance with Special Use Application Plans prepared by Atwell, LLC and submitted by Nexamp dated 02-26-2024 8. Compliance with the work items listed in the review letters prepared by Engineering Enterprises, Inc. dated January 10, 2024 revised February 15, 2024 and March 13, 2024. ATTACHMENTS: 1. Draft Annexation Agreement 2. Draft Special Use Ordinance 3. Draft Rezoning Ordinance 4. Revised Plan submittal date last revised 02/26/24 5. Construction Traffic exhibit dated 02/26/24 6. Engineer’s Opinion of Probable Decommissioning Cost dated 2/26/24 7. EEI Comments with Atwell Responses submitted 02/28/24 8. EEI Comments dated 03/13/24 9. Hey & Associates Landscape Review Letter dated 03/14/24 10. Technical Specifications for Battery Storage Cube 11. Annexation Agreement Application 12. Rezoning Application 13. Special Use Application 14. Corneils Road Solar Project Narrative with Attachments 15. Option and Ground Lease Agreement dated 11-26-2022 16. Illinois Department of Agriculture Letter dated 12-5-23 17. Natural Resource Information Report dated January 2024 18. Plan Council Packet (12-08-2022) 19. Public Hearing Notices 1 STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) ANNEXATION AGREEMENT This Annexation Agreement (hereinafter (“Agreement”), is made and entered into this _____ day of __________, 2024, by and between the United City of Yorkville, a municipal corporation, hereinafter referred to as “City” and Gary and Betty Bennett, hereinafter jointly referred to as “Owner”. WITNESSETH: WHEREAS, the Owner owns fee simple interest to the real property, which is legally described in Exhibit A attached hereto, consisting of approximately 94 acres, more or less (the “Subject Property”); and, WHEREAS, it is the desire of the Owner to provide for the annexation of the Subject Property and to use the Subject Property in accordance with the terms of this Agreement and the ordinances of the City; and, to provide that when annexed, the Subject Property is to be zoned as A-1 Agricultural District with a special use for a solar farm; and, WHEREAS, it is the desire of the Mayor and City Council (the “Corporate Authorities”) to annex the Subject Property and permit the solar farm as a special use, all being pursuant to the terms and conditions of this Agreement and the ordinances of the City; and, WHEREAS, Owner and City have or will perform and execute all acts required by law to effectuate such annexation; and, WHEREAS, all notices and publications as required by law relating to the zoning and special use of the Subject Property and the Agreement have been published and given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Municipal Code (the “Municipal Code”); and, WHEREAS, the Corporate Authorities of the City have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Municipal Code; and, WHEREAS, the Planning and Zoning Commission of the City and has duly held all public hearings relating to zoning and special use for the solar farm, all as required by the provisions of the City’s Zoning Code and the Municipal Code (the “Municipal Code”); and, 2 WHEREAS, the Owner and City agree that upon Annexation to the City of the Subject Property shall be placed in the A-1 Agricultural District; and, WHEREAS, in accordance with the powers granted to the City by the provisions of Section 11-15.1-1 et seq. of the Municipal Code (65 ILCS 5/11-15.1-1 et seq.), relating to Annexation Agreements, the parties hereto wish to enter into a binding Agreement with respect to the future annexation, and zoning of the Subject Property and to provide for various other matters related directly or indirectly to the annexation and use of the Subject Property during the term of this Agreement as authorized by the provisions of said statutes. NOW THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the City and the Owner agree as follows: Section 1. Annexation. The Owner has filed with the Clerk of the City a duly and properly executed petition pursuant to, and in accordance with, the provisions of Section 5/7-1-1 et seq. of the Municipal Code to annex the Subject Property and any adjacent roadways not previously annexed to the City of Yorkville. Section 2. Zoning. A. The City hereby agrees, contemporaneously with annexation, the Subject Property shall be classified and shall be zoned as A-1 Agricultural District. B. The City and the Owner agree that annexation is contingent upon approval of a special use application for a solar farm which will be considered contemporaneously with the petition for annexation and rezoning submitted to the City. Section 3. Binding Effect and Term. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees, and successor lessees, and upon any successor municipal authority of the City and the successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. Section 4. Notices and Remedies. Upon a breach of this Agreement, the parties hereto agree that the venue shall be the Circuit Court of Kendall County. It is further understood by the parties hereto that upon breach of this Agreement the non-defaulting party may exercise any remedy available at law or equity. 3 Before any failure of any part of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify, in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: To the City: United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Attn: City Administrator With a copy to: Kathleen Field Orr Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 North Naper Boulevard Suite 350 Naperville, Illinois 60563 To the Owner: Gary and Betty Bennett 11159 Faxon Road Yorkville, IL, 60560 To the Lessee: Matt Kwiatkowski Nexamp Solar, LLC Corneils Road Solar, LLC 101 Summer Street 2nd Floor Boston, MA 02110 Section 6. Agreement to Prevail over Ordinances. In the event of any conflict between this Agreement and any ordinances of the City in force at the time of execution of this Agreement or enacted during the pendency of this Agreement, the provisions of this Agreement shall prevail to the of any such conflict or inconsistency. Section 7. Provisions. If any provision of this Agreement or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect the application or validity of any other terms, conditions, and provisions of this Agreement and, to that end, any terms, conditions, and provisions of this Agreement are declared to be severable. 4 IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipal corporation By: __________________________________ Mayor Attest: _________________________________ City Clerk Gary Bennett By: __________________________________ Owner Betty Bennett By: __________________________________ Owner Ordinance No. _____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS, APPROVING A SPECIAL USE FOR A SOLAR FARM WITH FREESTANDING SOLAR ENERGY SYSTEMS (Corneils Road Solar) 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 Unified Development Ordinance (the “UDO”), 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, Nexamp dba Corneils Road Solar, LLC, (“the Lessee”) is leasing approximately 31 acres for the proposed installation of approximately 11,600 freestanding solar energy systems on the property owned by Gary and Betty Bennett located immediately north of Corneils Road, east of Beecher Road and west of IL Route 47 (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 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 April 10, 2024, for the consideration of the special use application; and, 2 WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in Section 10-8-5D of the UDO; 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: PARCEL 1: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 8 AND PART OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 00 ° 09'48" EAST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 37.42 FEET; THENCE NORTH 88° 28'22" EAST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1/4, 272.68 FEET; THENCE NORTH 00°46'58" WEST, 200.71 FEET FOR A POINT OF BEGINNING; THENCE NORTH 00° 52'50" WEST 1,057.46 FEET; THENCE NORTH 88° 42'24" EAST, 857.86 FEET; THENCE NORTH 00° 00'30" WEST, 375.0 FEET; THENCE NORTH 52° 02'07" EAST, 315.0 FEET, THENCE NORTH 00° 02'07" EAST, 800.0 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 88° 30'33" EAST, ALONG SAID NORTH LINE, 1,306.96 FEET TO THE CENTER OF SAID SECTION 8; THENCE SOUTH 00° 04'03" EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, 1,609.56 FEET TO A POINT WHICH IS 1,044.12 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH 59° 25'57" WEST, 694.32 FEET; THENCE SOUTH 81° 55'57" WEST, 349.80 FEET;THENCE SOUTH 51° 55'57" WEST 280.50 FEET; THENCE SOUTH 39° 55'57" WEST, 153.78 FEET; THENCE SOUTH 86° 06'25" WEST, 38.0 FEET THENCE SOUTH 33° 09'12" WEST, 343.0 FEET; THENCE SOUTH 16°38'23" WEST 379.0 FEET TO THE CENTER LINE OF CORNEILS ROAD; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE 596.0 FEET TO A LINE DRAWN SOUTH 00° 21'50" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST 1/4, FROM A POINT ON THE SOUTH LINE OF SAID SOUTHWEST 1/4 WHICH IS 475.50 FEET, NORMALLY DISTANT, EASTERLY OF THE WEST LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 21'50" WEST ALONG SAID PARALLEL LINE, 194.89 FEET TO SAID SOUTH LINE; THENCE NORTH 00° 09'48" EAST, PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/4, 3 236.13 FEET TO A LINE DRAWN NORTH 89° 02'55" EAST FROM THE POINT OF BEGINNING;THENCE SOUTH 89° 02'55" WEST, 206.29 FEET TO A POINT OF BEGINNING; EXCEPT THAT PART THEREOF LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHERNMOST SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE OF CORNEILS ROAD, 67.47 FEET FOR A POINT OF BEGINNING; THENCE NORTH 16° 38'23" EAST, 402.58 FEET; THENCE NORTH 33° 09'12" EAST, 449.42 FEET; THENCE NORTH 52° EAST, 398.62 FEET; THENCE NORTH 11° 27'20" EAST, 559.64 FEET; THENCE NORTH 00°02'07" EAST, 634.19 FEET; THENCE NORTH 89° 57'53" WEST, 430.60 FEET TO A WESTERLY LINE OF SAID TRACT; THENCE NORTH 00° 02'07" EAST ALONG SAID WESTERLY LINE 725.68 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS; PARCEL 2: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 09'48" EAST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 37.42 FEET; THENCE NORTH 88° 28'22" EAST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1/4, 272.68 FEET; THENCE NORTH 00° 46'58" WEST, 200.71 FEET FOR A POINT OF BEGINNING;THENCE NORTH 00° 52'50" WEST 1,057.46 FEET; THENCE NORTH 88° 42'24" EAST, 857.86 FEET; THENCE NORTH 00° 00'30" WEST, 375.0 FEET; THENCE NORTH 52° 02'07" EAST, 315.0 FEET, THENCE NORTH 00 ° 02'07" EAST, 800.0 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 88° 30'33" EAST, ALONG SAID NORTH LINE, 1,306.96 FEET TO THE CENTER OF SAID SECTION 8; THENCE SOUTH 00° 04'03" EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, 1,609.56 FEET TO A POINT WHICH IS 1,044.12 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH 59° 25'57" WEST, 694.32 FEET; THENCE SOUTH 81° 55'57" WEST, 349.80 FEET; THENCE SOUTH 51° 55'57" WEST 280.50 FEET; THENCE SOUTH 39° 55'57" WEST, 153.78 FEET; THENCE SOUTH 86° 06'25" WEST, 38.0 FEET; THENCE SOUTH 33° 09'12" WEST, 343.0 FEET;THENCE SOUTH 16° 38'23" WEST 379.0 FEET TO THE CENTER LINE OF CORNEILS ROAD; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE 596.0 FEET TO A LINE DRAWN SOUTH 00° 21'50" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST 1/4, FROM A POINT ON THE SOUTH LINE OF SAID SOUTHWEST 1/4 WHICH IS 475.50 FEET, NORMALLY DISTANT, EASTERLY OF THE WEST LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 21'50" WEST, ALONG SAID PARALLEL LINE, 194.89 FEET TO SAID SOUTH LINE;THENCE NORTH 00° 09'48" EAST, PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/4, 236.13 FEET TO A LINE DRAWN NORTH 89° 02'55" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 89° 02'55" WEST, 206.29 FEET TO A POINT OF BEGINNING; EXCEPT THAT PART THEREOF LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE 4 SOUTHERNMOST SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE OF CORNEILS ROAD, 67.47 FEET FOR A POINT OF BEGINNING; THENCE NORTH 16° 38'23" EAST, 402.58 FEET; THENCE NORTH 33° 09'12" EAST, 449.42 FEET; THENCE NORTH 52° 00'00" EAST, 398.62 FEET; THENCE NORTH 11° 27'20" EAST, 559.64 FEET; THENCE NORTH 00° 02'07" EAST, 634.19 FEET; THENCE NORTH 89° 57'53" WEST, 430.60 FEET TO A WESTERLY LINE OF SAID TRACT; THENCE NORTH 00° 02'07" EAST ALONG SAID WESTERLY LINE 725.68 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4 FOR THE TERMINUS OF SAID LINE, AND EXCEPT THAT PART THEREOF LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE NORTHERLY 812.20 FEET, MEASURED ALONG THE EASTERLY LINE, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS; PARCEL 3: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 8 AND PART OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 09'48" EAST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 37.42 FEET; THENCE NORTH 88° 26'22" EAST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1/4, 272.66 FEET; THENCE NORTH 00° 46'58" WEST, 200.71 FEET FOR A POINT OF BEGINNING; THENCE NORTH 00° 52'50" WEST 1,057.46 FEET; THENCE NORTH 88° 42'24" EAST, 857.86 FEET; THENCE NORTH 00° 00'30" WEST, 375.0 FEET; THENCE NORTH 52° 02'07" EAST, 315.0 FEET, THENCE NORTH00 °02'07" EAST, 800.0 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 88 ° 30'33" EAST, ALONG SAID NORTH LINE, 1,306.96 FEET TO THE CENTER OF SAID SECTION 8; THENCE SOUTH 00 °04'03" EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, 1,609.56 FEET TO A POINT WHICH IS 1,044.12 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH 59° 25'57" WEST, 694.32 FEET; THENCE SOUTH 81° 55'57" WEST, 349.80 FEET; THENCE SOUTH 51° 55'57" WEST 280.50 FEET; THENCE SOUTH 39° 55'57" WEST, 153.78 FEET; THENCE SOUTH 86°06'25" WEST, 38.0 FEET; THENCE SOUTH 33° 09'12" WEST, 343.0 FEET; THENCE SOUTH 16° 38'23" WEST 379.0 FEET TO THE CENTER LINE OF CORNEILS ROAD; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE 596.0 FEET TO A LINE DRAWN SOUTH 00° 21'50" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST 1/4, FROM A POINT ON THE SOUTH LINE OF SAID SOUTHWEST 1/4 WHICH IS 475.50 FEET, NORMALLY DISTANT, EASTERLY OF THE WEST LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 21'50" WEST, ALONG SAID PARALLEL LINE, 194.89 FEET TO SAID SOUTH LINE; THENCE NORTH 00° 09'48" EAST, PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/4, 236.13 FEET TO A LINE DRAWN NORTH 89° 02'55" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 89° 02'55" WEST, 206.29 FEET TO A POINT OF BEGINNING; EXCEPT THAT PART THEREOF LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHERNMOST SOUTHEAST CORNER OF THE ABOVE DESCRIBED 5 TRACT; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE OF CORNEILS ROAD, 67.47 FEET FOR A POINT OF BEGINNING; THENCE NORTH 16° 38'23"EAST, 402.58 FEET; THENCE NORTH 33° 09'12" EAST, 449.42 FEET; THENCE NORTH 52° 00'00" EAST, 398.62 FEET; THENCE NORTH 11° 27'20" EAST, 559.64 FEET; THENCE NORTH 00 ° 02'07" EAST, 634.19 FEET; THENCE NORTH 89° 57'53" WEST, 430.60 FEET TO A WESTERLY LINE OF SAID TRACT; THENCE NORTH 00° 02'07" EAST ALONG SAID WESTERLY LINE 725.68 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4, AND EXCEPT THAT PART THEREOF LYING NORTHERLY OF THE SOUTHERLY LINE OF THE NORTHERLY 812.20 FEET, MEASURED ALONG THE EASTERLY LINE, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. with Property Index Numbers 02-08-300-008, 02-08-300-011, and 02-08-300-012 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. A photometric plan will need to be provided as part of the final engineering plans. b. Dedication of a 40’ right-of-way along Corneils Road. c. In lieu of the petitioner constructing the improvements to Corneils Road, they pay the value of the roadway improvements, per the City Engineer’s approved probable estimated of construction cost to be escrowed and used for future Corneils Road improvements. d. A security guarantee in this amount of 120% of the approved removal cost value as presented in a Decommissioning Plan prepared by Atwell, LLC dated 2/26/2024 attached hereto and made a part hereof as Exhibit A. Said estimate will need to be revised every three (3) years. The guarantee must also be in a form acceptable to the City Engineer as a condition of the Special Use approval. e. 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. f. A minimum ten (10) foot setback from all structures on the property and the proposed battery energy storage system. g. Substantial conformance with Special Use Application Plans prepared by Atwell, LLC and submitted by Nexamp dated 02-26-2024 attached hereto and made a part hereof as Exhibit B. h. Compliance with the work items listed in the review letters prepared by Engineering Enterprises, Inc. dated January 10, 2024 revised February 15, 2024 and March 13, 2024 attached hereto and made a part hereof as Exhibit C. 6 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 ____________________, 2024. ______________________________ CITY CLERK 7 DAN TRANSIER ________ KEN KOCH ________ CRAIG SOLING ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ MATT MAREK ________ SEAVER TARULIS ________ RUSTY CORNEILS ________ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____ day of _______________ 2024. ______________________________ MAYOR 8 EXHIBIT A 9 EXHIBIT B 10 EXHIBIT C 1 STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) Ordinance No. _____ 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 IMMEDIATELY NORTH OF CORNEILS ROAD, EAST OF BEECHER ROAD, AND WEST OF IL STATE ROUTE 47 (Corneils Road Solar, LLC – 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, Nexamp dba Corneils Road Solar, LLC, (the “Applicant”) is leasing approximately 31 acres for the proposed installation of approximately 11,600 freestanding solar energy systems on the property owned by Gary and Betty Bennett located immediately north of Corneils Road, east of Beecher Road and west of IL Route 47 (N. Bridge Street) (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 May 14, 2024 and is automatically classified in the R-1 Single-Family Suburban Residence District as set forth in Section 10-3-4 of the Unified Development Ordinance; 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 April 10, 2024, 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 10-8-12 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. 2 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 the rezoning of the Subject Property, legally described as: PARCEL 1: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 8 AND PART OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 00 ° 09'48" EAST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 37.42 FEET; THENCE NORTH 88° 28'22" EAST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1/4, 272.68 FEET; THENCE NORTH 00°46'58" WEST, 200.71 FEET FOR A POINT OF BEGINNING; THENCE NORTH 00° 52'50" WEST 1,057.46 FEET; THENCE NORTH 88° 42'24" EAST, 857.86 FEET; THENCE NORTH 00° 00'30" WEST, 375.0 FEET; THENCE NORTH 52° 02'07" EAST, 315.0 FEET, THENCE NORTH 00° 02'07" EAST, 800.0 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 88° 30'33" EAST, ALONG SAID NORTH LINE, 1,306.96 FEET TO THE CENTER OF SAID SECTION 8; THENCE SOUTH 00° 04'03" EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, 1,609.56 FEET TO A POINT WHICH IS 1,044.12 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH 59° 25'57" WEST, 694.32 FEET; THENCE SOUTH 81° 55'57" WEST, 349.80 FEET;THENCE SOUTH 51° 55'57" WEST 280.50 FEET; THENCE SOUTH 39° 55'57" WEST, 153.78 FEET; THENCE SOUTH 86° 06'25" WEST, 38.0 FEET THENCE SOUTH 33° 09'12" WEST, 343.0 FEET; THENCE SOUTH 16°38'23" WEST 379.0 FEET TO THE CENTER LINE OF CORNEILS ROAD; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE 596.0 FEET TO A LINE DRAWN SOUTH 00° 21'50" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST 1/4, FROM A POINT ON THE SOUTH LINE OF SAID SOUTHWEST 1/4 WHICH IS 475.50 FEET, NORMALLY DISTANT, EASTERLY OF THE WEST LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 21'50" WEST ALONG SAID PARALLEL LINE, 194.89 FEET TO SAID SOUTH LINE; THENCE NORTH 00° 09'48" EAST, PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/4, 236.13 FEET TO A LINE DRAWN NORTH 89° 02'55" EAST FROM THE POINT OF 3 BEGINNING;THENCE SOUTH 89° 02'55" WEST, 206.29 FEET TO A POINT OF BEGINNING; EXCEPT THAT PART THEREOF LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHERNMOST SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE OF CORNEILS ROAD, 67.47 FEET FOR A POINT OF BEGINNING; THENCE NORTH 16° 38'23" EAST, 402.58 FEET; THENCE NORTH 33° 09'12" EAST, 449.42 FEET; THENCE NORTH 52° EAST, 398.62 FEET; THENCE NORTH 11° 27'20" EAST, 559.64 FEET; THENCE NORTH 00°02'07" EAST, 634.19 FEET; THENCE NORTH 89° 57'53" WEST, 430.60 FEET TO A WESTERLY LINE OF SAID TRACT; THENCE NORTH 00° 02'07" EAST ALONG SAID WESTERLY LINE 725.68 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS; PARCEL 2: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 09'48" EAST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 37.42 FEET; THENCE NORTH 88° 28'22" EAST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1/4, 272.68 FEET; THENCE NORTH 00° 46'58" WEST, 200.71 FEET FOR A POINT OF BEGINNING;THENCE NORTH 00° 52'50" WEST 1,057.46 FEET; THENCE NORTH 88° 42'24" EAST, 857.86 FEET; THENCE NORTH 00° 00'30" WEST, 375.0 FEET; THENCE NORTH 52° 02'07" EAST, 315.0 FEET, THENCE NORTH 00 ° 02'07" EAST, 800.0 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 88° 30'33" EAST, ALONG SAID NORTH LINE, 1,306.96 FEET TO THE CENTER OF SAID SECTION 8; THENCE SOUTH 00° 04'03" EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, 1,609.56 FEET TO A POINT WHICH IS 1,044.12 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH 59° 25'57" WEST, 694.32 FEET; THENCE SOUTH 81° 55'57" WEST, 349.80 FEET; THENCE SOUTH 51° 55'57" WEST 280.50 FEET; THENCE SOUTH 39° 55'57" WEST, 153.78 FEET; THENCE SOUTH 86° 06'25" WEST, 38.0 FEET; THENCE SOUTH 33° 09'12" WEST, 343.0 FEET;THENCE SOUTH 16° 38'23" WEST 379.0 FEET TO THE CENTER LINE OF CORNEILS ROAD; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE 596.0 FEET TO A LINE DRAWN SOUTH 00° 21'50" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST 1/4, FROM A POINT ON THE SOUTH LINE OF SAID SOUTHWEST 1/4 WHICH IS 475.50 FEET, NORMALLY DISTANT, EASTERLY OF THE WEST LINE OF SAID SOUTHWEST 4 1/4; THENCE NORTH 00° 21'50" WEST, ALONG SAID PARALLEL LINE, 194.89 FEET TO SAID SOUTH LINE;THENCE NORTH 00° 09'48" EAST, PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/4, 236.13 FEET TO A LINE DRAWN NORTH 89° 02'55" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 89° 02'55" WEST, 206.29 FEET TO A POINT OF BEGINNING; EXCEPT THAT PART THEREOF LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHERNMOST SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE OF CORNEILS ROAD, 67.47 FEET FOR A POINT OF BEGINNING; THENCE NORTH 16° 38'23" EAST, 402.58 FEET; THENCE NORTH 33° 09'12" EAST, 449.42 FEET; THENCE NORTH 52° 00'00" EAST, 398.62 FEET; THENCE NORTH 11° 27'20" EAST, 559.64 FEET; THENCE NORTH 00° 02'07" EAST, 634.19 FEET; THENCE NORTH 89° 57'53" WEST, 430.60 FEET TO A WESTERLY LINE OF SAID TRACT; THENCE NORTH 00° 02'07" EAST ALONG SAID WESTERLY LINE 725.68 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4 FOR THE TERMINUS OF SAID LINE, AND EXCEPT THAT PART THEREOF LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE NORTHERLY 812.20 FEET, MEASURED ALONG THE EASTERLY LINE, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS; PARCEL 3: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 8 AND PART OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 09'48" EAST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 37.42 FEET; THENCE NORTH 88° 26'22" EAST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1/4, 272.66 FEET; THENCE NORTH 00° 46'58" WEST, 200.71 FEET FOR A POINT OF BEGINNING; THENCE NORTH 00° 52'50" WEST 1,057.46 FEET; THENCE NORTH 88° 42'24" EAST, 857.86 FEET; THENCE NORTH 00° 00'30" WEST, 375.0 FEET; THENCE NORTH 52° 02'07" EAST, 315.0 FEET, THENCE NORTH00 °02'07" EAST, 800.0 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 88 ° 30'33" EAST, ALONG SAID NORTH LINE, 1,306.96 FEET TO THE CENTER OF SAID SECTION 8; THENCE SOUTH 00 °04'03" EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, 1,609.56 FEET TO A POINT WHICH IS 1,044.12 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH 59° 25'57" WEST, 694.32 FEET; THENCE SOUTH 81° 55'57" WEST, 349.80 FEET; THENCE SOUTH 51° 55'57" WEST 280.50 FEET; 5 THENCE SOUTH 39° 55'57" WEST, 153.78 FEET; THENCE SOUTH 86°06'25" WEST, 38.0 FEET; THENCE SOUTH 33° 09'12" WEST, 343.0 FEET; THENCE SOUTH 16° 38'23" WEST 379.0 FEET TO THE CENTER LINE OF CORNEILS ROAD; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE 596.0 FEET TO A LINE DRAWN SOUTH 00° 21'50" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST 1/4, FROM A POINT ON THE SOUTH LINE OF SAID SOUTHWEST 1/4 WHICH IS 475.50 FEET, NORMALLY DISTANT, EASTERLY OF THE WEST LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 21'50" WEST, ALONG SAID PARALLEL LINE, 194.89 FEET TO SAID SOUTH LINE; THENCE NORTH 00° 09'48" EAST, PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/4, 236.13 FEET TO A LINE DRAWN NORTH 89° 02'55" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 89° 02'55" WEST, 206.29 FEET TO A POINT OF BEGINNING; EXCEPT THAT PART THEREOF LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHERNMOST SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE OF CORNEILS ROAD, 67.47 FEET FOR A POINT OF BEGINNING; THENCE NORTH 16° 38'23"EAST, 402.58 FEET; THENCE NORTH 33° 09'12" EAST, 449.42 FEET; THENCE NORTH 52° 00'00" EAST, 398.62 FEET; THENCE NORTH 11° 27'20" EAST, 559.64 FEET; THENCE NORTH 00 ° 02'07" EAST, 634.19 FEET; THENCE NORTH 89° 57'53" WEST, 430.60 FEET TO A WESTERLY LINE OF SAID TRACT; THENCE NORTH 00° 02'07" EAST ALONG SAID WESTERLY LINE 725.68 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4, AND EXCEPT THAT PART THEREOF LYING NORTHERLY OF THE SOUTHERLY LINE OF THE NORTHERLY 812.20 FEET, MEASURED ALONG THE EASTERLY LINE, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. with Property Index Numbers 02-08-300-008, 02-08-300-011, and 02-08-300-012 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 ________ day of ____________________, 2024. ______________________________ CITY CLERK 6 DAN TRANSIER ________ KEN KOCH ________ CRAIG SOLING ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ MATT MAREK ________ SEAVER TARULIS ________ RUSTY CORNEILS ________ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____ day of _______________ 2024. ______________________________ MAYOR 7 EXHIBIT A SITE CDrawing Title:Project:P.E. seal/Consultant:SPECIAL USE APPLICATION PLANS10791 CORNEILS ROADUNITED CITY OF YORKVILLE, KENDALLCOUNTY, ILCORNEILS ROADSOLAR, LLCDrawn by: LH/CMPApproved by: MBKDwg No:Sheet Rev:Size: ARCH D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. ILLINOIS KENDALL COUNTY NOT TO SCALE NOT TO SCALE VICINITY MAP PROJECT OWNER NEXAMP, INC. 101 SUMMER STREET, SECOND FLOOR BOSTON, MA 02110 PHONE: (617) 431-1440 APPLICANT/CONTRACTOR CORNEILS ROAD SOLAR, LLC 101 SUMMER STREET, SECOND FLOOR BOSTON, MA 02110 PHONE: (317) 760-3190 CONTACT: MATT KWIATKOWSKI CIVIL ENGINEER/LANDSCAPE ARCHITECT/SURVEYOR ATWELL, LLC 1250 EAST DIEHL ROAD, SUITE 300 NAPERVILLE, IL 60563 PHONE: (630) 577-0800 FAX: (630) 577-0900 CONTACT: MICHAEL KEITH, P.E. DEVELOPMENT TEAM PLANNING UNITED CITY OF YORKVILLE 651 PRARIE POINTE DRIVE YORKVILLE, IL 60560 (630) 553-8573 CONTACT: KRYSTI BARKSDALE-NOBLE HIGHWAY UNITED CITY OF YORKVILLE ENGINEERING DEPARTMENT 651 PRAIRIE POINTE DRIVE YORKVILLE, ILLINOIS, 60560 (630) 466-6700 GOVERNING AGENCIES CONTACTS SITE SCALE: 1" = 5000' EROSION & SEDIMENTATION KENDALL COUNTY SOIL & WATER CONSERVATION DISTRICT 7775A ROUTE 47 YORKVILLE, IL 60560 (630) 553-5821 X 3 CONTACT: JULIE BROWN SHEET INDEX C-000 COVER SHEET C-100 EXISTING CONDITIONS PLAN C-200 SITE LAYOUT PLAN C-300 STORMWATER MANAGEMENT PLAN C-400 LANDSCAPE PLAN C-500 STANDARD DETAILS CORNEILS ROAD SOLAR, LLC A 4.99 MW (AC) GROUND-MOUNTED SOLAR POWER GENERATING FACILITY 10791 CORNEILS ROAD UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS SPECIAL USE APPLICATION PLANS C-000 COVER SHEET CDrawing Title:Project:P.E. seal/Consultant:SPECIAL USE APPLICATION PLANS10791 CORNEILS ROADUNITED CITY OF YORKVILLE, KENDALLCOUNTY, ILCORNEILS ROADSOLAR, LLCDrawn by: LH/CMPApproved by: MBKDwg No:Sheet Rev:Size: ARCH D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comC-100 EXISTING CONDITIONS PLAN” ” ” ”” ” ”” ”” ” ”” ” ” ” ”” ””” ”” ” ”” ” ” ” ”” ”” ”” ” ” ”” ”” ”””” ” ” ”” ”” ”” ”” ”” ” ”” ” ” ” ” ” ”” ”” ” ”” CDrawing Title:Project:P.E. seal/Consultant:SPECIAL USE APPLICATION PLANS10791 CORNEILS ROADUNITED CITY OF YORKVILLE, KENDALLCOUNTY, ILCORNEILS ROADSOLAR, LLCDrawn by: LH/CMPApproved by: MBKDwg No:Sheet Rev:Size: ARCH D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comC-200 SITE LAYOUT PLAN CDrawing Title:Project:P.E. seal/Consultant:SPECIAL USE APPLICATION PLANS10791 CORNEILS ROADUNITED CITY OF YORKVILLE, KENDALLCOUNTY, ILCORNEILS ROADSOLAR, LLCDrawn by: LH/CMPApproved by: MBKDwg No:Sheet Rev:Size: ARCH D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comC-300STORMWATER MANAGEMENTPLAN· · · CDrawing Title:Project:P.E. seal/Consultant:SPECIAL USE APPLICATION PLANS10791 CORNEILS ROADUNITED CITY OF YORKVILLE, KENDALLCOUNTY, ILCORNEILS ROADSOLAR, LLCDrawn by: LH/CMPApproved by: MBKDwg No:Sheet Rev:Size: ARCH D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comC-400 LANDSCAPE PLAN CDrawing Title:Project:P.E. seal/Consultant:SPECIAL USE APPLICATION PLANS10791 CORNEILS ROADUNITED CITY OF YORKVILLE, KENDALLCOUNTY, ILCORNEILS ROADSOLAR, LLCDrawn by: LH/CMPApproved by: MBKDwg No:Sheet Rev:Size: ARCH D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comC-500 STANDARD DETAILSIN THE EVENT OF AN EMERGENCY PLEASE DIAL 9-1-1 FOLLOWED BY A SECOND CALL TO: 857-239-0057 YOUR LOCATION IS: TBD CDrawing Title:Project:P.E. seal/Consultant:SPECIAL USE APPLICATION PLANS10791 CORNEILS ROADUNITED CITY OF YORKVILLE, KENDALLCOUNTY, ILCORNEILS ROADSOLAR, LLCDrawn by: LH/CMPApproved by: MBKDwg No:Sheet Rev:Size: ARCH D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comEX-01CONSTRUCTION TRAFFICEXHIBIT Atwell, L.L.C.ProjectCorneils Solar 1250 East Diehl Road, Suite 300Location(630) 577-0800Site:4.99 MWACParcel ID:02-08-300-011, 02-08-300-012, 02-08-300-008Date2/26/2024Engineer's Opinion of Probable Decommissioning Cost for Yorkville Solar During First 5 Years of OperationEstimated QuantityUnit Unit CostRemoval CostEstimated QuantityUnitUnit CostSalvage ValueNet CostErosion Control/Contractor FeesMobilization1 LUMP SUM $10,000.00 $10,000.00$0.00 $10,000.00Electrical Disconnect1 EACH $500.00 $500.00$0.00 $500.00Permitting (NPDES)1 LUMP SUM $750.00 $750.00$0.00 $750.00Silt Fence5,096 LF $2.50 $12,740.78$0.00 $12,740.78Seeding2 ACRES $1,000.00 $2,000.00$0.00 $2,000.00Sub-Total$25,990.78$0.00 $25,990.78Site DemolitionRemove Existing 12" Storm Pipe 308 LF $10.00 $3,080.00$0.00Remove Existing Storm Structure4 EACH $500.00 $2,000.004.00 EACH$0.00 $0.00 $2,000.00Remove Existing Fence (8' Chainlink Fence) 8,200 LF $3.85 $31,570.0045,920 LB$0.09 $4,132.80 $27,437.20Remove Existing Trees30 EACH $500.00 $15,000.00$0.00 $15,000.00Remove Existing Shrub 140 EACH $200.00 $28,000.00$0.00 $28,000.00Remove Existing Concrete Parking Pad 178 SY $5.00 $890.00Haul off for Existing Concrete Parking Pad 178 SY $10.00 $1,780.00Remove Existing Gravel Entrance (12" depth) 2,237 CY $4.00 $8,948.00$0.00 $8,948.00Haul off for Existing Gravel Entrance (12" depth) 2,237 CY $10.00 $22,370.00$0.00 $22,370.00Sub-Total$113,638.00$4,132.80 $109,505.20Racking and Module RemovalPile Removal862 EACH $6.00 $5,172.00452,550 LB$0.04 $16,970.63($11,798.63)Assembly Removal148 EACH $1.25 $185.0022,200 LB$0.04 $832.50($647.50)PV Module Removal11,256 EACH $1.00 $11,256.0011,256 EACH$165.00 $1,857,240.00($1,845,984.00)PV Module Haul Off360 TON $45.00 $16,208.64$0.00 $16,208.64Sub-Total$32,821.64$1,875,043.13($1,842,221.49)Wiring RemovalUnderground MV Wire (AL)6,910 LF $2.00 $13,820.001,382.00 LB$0.30 $414.60 $13,405.40Utility Pole Removal7 EACH $750.00 $5,250.00$0.00Underground PV Wire (~400kcmil) 17,800 LF $2.00 $35,600.00925.60 LB$0.30 $277.68 $35,322.32Underground GND Wire (DC side, ~2 AWG) 5,755 LF $2.00 $11,510.00299.26 LB$0.30 $89.78 $11,420.22Underground LV Wire3,482 LF $2.00 $6,964.00696.40 LB$0.30 $208.92 $6,755.08Above Ground MV Wire425 LF $0.10 $42.5022.10 LB$0.30 $6.63 $35.87Combiner Box Removal28 EACH $80.00 $2,240.0028.00 EACH$20.00 $560.00 $1,680.00Sub-Total$75,426.50$1,557.61 $73,868.89Corneils Road, City of Yorkville, Kendall County, Bristol Township, IllinoisSalvage Value based on 5-year projections Atwell, L.L.C.ProjectCorneils Solar 1250 East Diehl Road, Suite 300Location(630) 577-0800Site:4.99 MWACParcel ID:02-08-300-011, 02-08-300-012, 02-08-300-008Date2/26/2024Engineer's Opinion of Probable Decommissioning Cost for Yorkville Solar During First 5 Years of OperationEstimated QuantityUnit Unit CostRemoval CostEstimated QuantityUnitUnit CostSalvage ValueNet CostCorneils Road, City of Yorkville, Kendall County, Bristol Township, IllinoisSalvage Value based on 5-year projectionsPower Conditioning Equipment RemovalPCU Station (inverters, etc.)2 EACH $400.00 $800.002.00 EACH$5,625.00 $11,250.00($10,450.00)Scada Equipment2 EACH $280.00 $560.002.00 EACH$2,000.00 $4,000.00($3,440.00)Battery Storage System Removal1 EACH $2,500.00 $2,500.00$0.00Transformer2 EACH $1,800.00 $3,600.002.00 EACH$93,750.00 $187,500.00($183,900.00)Sub-Total$7,460.00$202,750.00($195,290.00)Equipment Pad RemovalRemove Pad4 EACH $750.00 $3,000.00$0.00 $3,000.00Sub-Total$3,000.00$0.00 $3,000.00Decommisioning Total (Present Value) $258,336.92$2,083,483.53($1,825,146.62)Decommisioning Total (3% Inflation over 25 Years) $540,900.13$4,362,351.84($3,821,451.71)Assumptions:1. Cost Estimate based on 5-year projections. Estimate to be redone in 5-years based on new fees at that time.2. Cost Estimate is based on the Special Use Plans prepared by Atwell, LLC dated 2/26/2024.3. Refer to Decommissioning Plan for further information.Note: This Engineer's Opinion of Probable Cost is made on the basis of Engineer's experience and qualifications using estimated quantities and represents Engineer's best judgment as an experienced and qualified professional Engineer generally familiar with the construction industry. However, since Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, or over quantities of work actually performed, Engineer cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from Opinions of Probable Construction Cost prepared by Engineer. This Opinion of Probable Construction Cost is limited to those items stated herein. Acknowledged. SUP plans show holding places for detention facilities. This has been added and labeled on sheet C-200 of the SUP plans. Noted. No wetlands present, just the Rob Roy Creek watercourse. Will provide delineation report. JD is currently processing. Noted - will be provided with Final Engineering. Noted, to be addressed during final emgineering. Noted, to be addressed during final emgineering. This has been added and labeled in the SUP plans. No equipment is proposed within the sanitary sewer easements. We will pursue an IDNR permit. Noted - will be provided with Final Engineering. Noted - provided with this submittal. - Noted - Noted - Provided - No lighting proposed. - Noted - Noted Hey and Associates, Inc. Engineering, Ecology and Landscape Architecture 8755 W. HIGGINS ROAD, SUITE 835 CHICAGO, ILLINOIS 60631 PHONE (773) 693-9200 FAX (773) 693-9200 March 14, 2024 Pamela Whitfield, PE, CFM Senior Project Engineer II Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, IL 60554 Project No.: 21-0275 AF Re: Landscape Plan and Wetland Review YO2402-DR Corneils Road Solar, LLC Dear Pamela: We have completed our first landscape plan review of the proposed Corneils Road Solar facility, located at 10791 Corneils Road in Yorkville. Landscape Plan – NOT RECOMMENDED FOR APPROVAL For reasons described below, this landscape plan is not recommended for approval at this time. Wetland comments are also included. A response letter from the petitioner which addresses all review comments should be provided with their next submittal. REVIEW COMMENTS Comments must be addressed before landscape plan approval can be recommended. If there are any changes to the proposed project, additional comments may be provided. Please note that the requirements of each section are in addition to the requirements of all other sections of the ordinance (i.e., trees and other plant materials cannot be “double counted” to meet multiple requirements). Building Foundation Landscape Zone No buildings are proposed, so therefore building foundation landscape zone requirements do not apply. Parking Area Perimeter Landscape Zone No off-street parking areas abut a public or private right-of-way (excluding alleys), so therefore parking area perimeter landscape zone requirements do not apply. Parking Area Interior Landscape Zone No off-street parking areas consisting of 10 or more spaces are proposed, so therefore parking area interior landscape zone requirements do not apply. Transition Zone Because adjacent land use is agricultural, transition zone requirements do not apply. Pamela Whitfield YO2402-DR Corneils Road Solar, LLC March 14, 2024 page 2 Species Diversity Requirements The landscape plan indicates a “Pollinator Friendly Seed Mix” will be installed. A representative species mix is included but so is a note reading seed mix to be provided with final engineering plans. Therefore, the pollinator mix shall be subject to review and approval after submittal of final engineering. Depending upon hydrology (e.g., depth and duration of flooding), the pollinator seed mix may not be appropriate for the detention basins. Tree Preservation and Removal No live tree with a 4” or greater DBH may be removed without approval. A review of Google Earth imagery reveals trees are present on the site throughout the creek corridor. It is not clear from the plans whether any trees are to be removed. A tree survey is required; tree replacement may also be required. Street Trees Requirements appear to be met. General The landscape plan indicates a “Pollinator Friendly Seed Mix” will be installed. A maintenance plan should also be submitted describing how this landscape will be maintained to ensure that desired species become established, persist, and the area is not overtaken by weeds. The plans should indicate what is proposed on the southern portion of the site that appears vacant. Wetlands A valid wetland delineation and jurisdictional determination of the proposed project area are required. A linear buffer along all watercourses is required. Buffer width shall be calculated per City or USACE requirements, whichever is more stringent. Any impacts to wetlands or waters must be clearly identified on the plans. Additional comments may be provided after complete information is submitted. SUMMARY This review was based upon the following documents, pursuant to requirements of the City’s Unified Development Ordinance and Wetland Ordinance.  Special Use Application Plans, 6 sheets, prepared by Atwell, most recently dated 8/18/22 Let us know if there are any questions or comments. Sincerely, Tim Pollowy, PLA, ASLA Senior Landscape Architect ©B Y D A U T O I n d u s t r y C o m p a n y L i m i t e d .A l l r i g h t s r e s e r v e d .S u b j e c t t o c h a n g e w i t h o u t n o t i c e . V1.2 2023-01-05 System Features High Energy Density Compact mechanical design,minimized footprint Safe &Long Lifecycle High efficient system with safe and long lifecycle LFP battery Highly Integrated Highly integrated system to allow flexible transportation and on-site installation ALL IN ONE design,integrated local controller,HVAC and FSS to ensure system safety Circuit Diagram BYD -MC Cube MC10C-B5365-U-R4M01 MC10C-B4659-U-R2M01 ©B Y D A U T O I n d u s t r y C o m p a n y L i m i t e d .A l l r i g h t s r e s e r v e d .S u b j e c t t o c h a n g e w i t h o u t n o t i c e . V1.2 2023-01-05 System Parameter System Type MC10C-B5365-U-R4M01 MC10C-B4659-U-R2M01 DC Data Cell type LFP LFP Pack type 1P416S 1P416S System configuration 10 × 1P416S 10 × 1P416S Battery capacity (BOL)5365kWh 4659kWh DC usable energy (BOL)@FAT 5099kWh 4428kWh DC usable energy (BOL)@SAT 4946kWh 4295kWh Battery voltage range 1081.6～1497.6 1081.6～1497.6 Nominal power 1236kW 2147kW General Data Dimensions (W×D×H)6058×2438×2896mm 6058×2438×2896mm Weight ~41035kg ~41385kg IP rating IP55 IP55 Ambient operating temperature range -30℃～+55℃【1】-30℃～+55℃【1】 Relative humidity 5%～100%5%～100% Max.working altitude ＜2000m【2】＜2000m【2】 Cooling concept Smart air cooling Liquid cooling Noise ≤75dBA ≤75dBA Fire suppression system With fire alarm system With fire alarm system Auxiliary power interface AC480V/60Hz,3P4W AC480V/60Hz,3P4W Auxiliary system peak power requirement @45℃,PF0.8 39kVA 76kVA Communication interfaces Ethernet Ethernet Communication protocols Modbus TCP/IP Modbus TCP/IP Standard color RAL 9003 RAL 9003 Compliance UL1973,NFPA69,NFPA72,NFPA855,CFC UN3536,UL9540A,UL9540 Note: 【1】Power derating is performed when the ambient temperature is below -15℃or above +45℃. 【2】Power derating is performed when the altitude is between 2000-3000m. NATURAL RESOURCE INFORMATION (NRI) REPORT: #2401 Jan. 2024 Petitioner: Corneils Road Solar, LLC Contact: Matt Kwiatkowski (Nexamp) Prepared By: 7775A Route 47 Yorkville, Illinois 60560 Phone: (630) 553-5821 x3 www.kendallswcd.org NRI 2401 January 2024 Natural Resource Information Report Number 2401 Date District Board Reviews Application January 2024 Applicant’s Name Corneils Road Solar, LLC Size of Parcel (+/-) 41.0 acres Current Zoning & Use A-1 Agricultural Special Use (Kendall County), R-1 Single-Family Residence (City of Yorkville); Agricultural field Proposed Zoning & Use A-1 Agricultural Special Use; Solar Facility Parcel Index Number(s) 02-08-300-008, 02-08-300-011, 02-08-300-012 Contact Person Matt Kwiatkowski (Nexamp) KENDALL COUNTY SOIL AND WATER CONSERVATION DISTRICT NATURAL RESOURCE INFORMATION (NRI) REPORT Copies of this report or notification of the proposed land-use change was provided to: Yes No The Applicant X X The Applicant’s Legal Representation The Local/Township Planning Commission X The Village/City/County Planning and Zoning Department or Appropriate Agency X The Kendall County Soil and Water Conservation District Files X Report Prepared By: Alyse Olson Position: Resource Conservationist NRI 2401 January 2024 PURPOSE AND INTENT The purpose of this report is to provide officials of the local governing body and other decision-makers with natural resource information. This information may be useful when undertaking land use decisions concerning variations, amendments or relief of local zoning ordinances, proposed subdivision of vacant or agricultural lands and the subsequent development of these lands. This report is a requirement under Section 22.02a of the Illinois Soil and Water Conservation Districts Act. The intent of this report is to present the most current natural resource information available in a readily understandable manner. It contains a description of the present site conditions, the present resources, and the potential impacts that the proposed change may have on the site and its resources. The natural resource information was gathered from standardized data, on-site investigations and information furnished by the petitioner. This report must be read in its entirety so that the relationship between the natural resource factors and the proposed land use change can be fully understood. Due to the limitations of scale encountered with the various resource maps, the property boundaries depicted in the various exhibits in this report provide a generalized representation of the property location and may not precisely reflect the legal description of the PIQ (Parcel in Question). This report, when used properly, will provide the basis for proper land use change decisions and development while protecting the natural resource base of the county. It should not be used in place of detailed environmental and/or engineering studies that are warranted under most circumstances, but in conjunction with those studies. The conclusions of this report in no way indicate that a certain land use is not possible, but it should alert the reader to possible problems that may occur if the capabilities of the land are ignored. Any questions on the technical data supplied in this report or if anyone feels that they would like to see more additional specific information to make the report more effective, please contact: Kendall County Soil and Water Conservation District 7775A Route 47, Yorkville, IL 60560 Phone: (630) 553-5821 ext. 3 E-mail: Alyse.Olson@il.nacdnet.net NRI 2401 January 2024 TABLE OF CONTENTS EXECUTIVE SUMMARY .................................................................................................................................. 1 PARCEL LOCATION ........................................................................................................................................ 8 ARCHAEOLOGIC/CULTURAL RESOURCES INFORMATION ........................................................................... 10 ECOLOGICALLY SENSITIVE AREAS ............................................................................................................... 11 SOILS INFORMATION .................................................................................................................................. 13 SOILS INTERPRETATIONS EXPLANATION..................................................................................................... 15 BUILDING LIMITATIONS .............................................................................................................................. 16 SOIL WATER FEATURES ............................................................................................................................... 21 SOIL EROSION AND SEDIMENT CONTROL ................................................................................................... 23 PRIME FARMLAND SOILS ............................................................................................................................ 24 LAND EVALUATION AND SITE ASSESSMENT (LESA) .................................................................................... 25 LAND USE PLANS ......................................................................................................................................... 27 DRAINAGE, RUNOFF, AND FLOOD INFORMATION ..................................................................................... 27 WATERSHED PLANS .................................................................................................................................... 31 WETLAND INFORMATION ........................................................................................................................... 32 HYDRIC SOILS .............................................................................................................................................. 34 WETLAND AND FLOODPLAIN REGULATIONS .............................................................................................. 36 GLOSSARY.................................................................................................................................................... 37 REFERENCES ................................................................................................................................................ 40 LIST OF FIGURES FIGURE 1: Soil Map ………………………………..……………………..……………………………………………………..………………… 2 FIGURE 2: Soil Limitations …………..……………………………………………………….…………………………………………………. 4 FIGURE 3: 2021 Plat Map ………………..……………………………………………………….………...………………………………….. 8 FIGURE 4: 2021 Aerial Map with NRI Site Boundary …………………………….………………………….……………..……... 9 FIGURE 5: Soil Map ………………………………………………………………………………….…………………………………………… 14 FIGURE 6A-6C: Maps of Building Limitations ……………………………………………..……………………………..…….. 18-20 NRI 2401 January 2024 FIGURE 7: Prime Farmland Soils …………………………………….………………………………………..…………………….…….. 24 FIGURE 8: Flood Map ……………………..………………….……………….…………………….………….……………………………… 29 FIGURE 9: Topographic Map ……………………………………………….…………………………..………………….……………….. 30 FIGURE 10: Wetland Map ……………………………………………………………………………………………..…….……….………. 33 FIGURE 11: Hydric Soils Map …………………………………………………………………………………….……….…….…………… 35 LIST OF TABLES TABLE 1: Soils Information ……………………………………………………………….…………………………………………………….. 2 TABLE 2: Soil Limitations ………………………………..………………………………………………….……………………….………….. 4 TABLE 3: Soil Map Unit Descriptions …………………………………………………………….…………………………..………….. 14 TABLE 4: Building Limitations ……………………………………………………………………………………………………………….. 17 TABLE 5: Water Features ………………………………………………………………………………………….……………………..…… 22 TABLE 6: Soil Erosion Potential ……………………………………………………………………………………………….……………. 23 TABLE 7: Prime Farmland Soils …………………………………………………………………………………………………..…………. 24 TABLE 8: Land Evaluation Computation …………………………………………………………..…………………………..………. 25 TABLE 9: Hydric Soils ………………………..……………………………………………………..…………………………….…..………… 34 NRI 2401 January 2024 1 EXECUTIVE SUMMARY Natural Resource Information Report Number #2401 Petitioner Corneils Road Solar, LLC Contact Person Matt Kwiatkowski (Nexamp) County or Municipality the Petition is Filed With United City of Yorkville Location of Parcel Southwest ¼ of Section 8, Township 37 North, Range 7 East (Bristol Township) of the 3rd Principal Meridian Project or Subdivision Name Corneils Road Solar Existing Zoning & Land Use A-1 Agricultural Special Use (Kendall County), R-1 Single-Family Residence (City of Yorkville); Agricultural field Proposed Zoning & Land Use A-1 Agricultural Special Use; Solar Facility Proposed Water Source Not applicable Proposed Type of Sewage Disposal System Not applicable Proposed Type of Storm Water Management Not indicated Size of Site (+/-) 41.0 acres Land Evaluation Site Assessment (LESA) Score (Land Evaluation: 95; Site Assessment: N/A) NRI 2401 January 2024 2 NATURAL RESOURCE CONSIDERATIONS SOIL INFORMATION Based on information from the United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) 2008 Kendall County Soil Survey, this project area contains the soil types shown in Figure 1 and Table 1. Please note this does not replace the need for or results of onsite soil testing. If completed, please refer to onsite soil test results for planning/engineering purposes. Figure 1: Soil Map Table 1: Soils Information Soil Type Soil Name Drainage Class Hydrologic Group Hydric Designation Farmland Designation Acres % Area 67A Harpster silty clay loam, 0-2% slopes Poorly Drained B/D Hydric Prime Farmland if Drained 0.6 1.4% 149A Brenton silt loam, 0-2% slopes Somewhat Poorly Drained B/D Non-Hydric with Hydric Inclusions Prime Farmland 4.3 10.1% 152A Drummer silty clay loam, 0-2% slopes Poorly Drained B/D Hydric Prime Farmland if Drained 23.4 54.5% 330A Peotone silty clay loam, 0-2% slopes Very Poorly Drained C/D Hydric Prime Farmland if Drained 14.4 33.5% 791B Rush silt loam, 2-4% slopes Well Drained B Non-Hydric Prime Farmland 0.2 0.5% NRI 2401 January 2024 3 Hydrologic Soil Groups – Soils have been classified into four (A, B, C, D) hydrologic groups based on runoff characteristics due to rainfall. If a soil is assigned to a dual hydrologic group (A/D, B/D or C/D), the first letter is for drained areas and the second letter is for undrained areas. • Hydrologic group A: Soils have a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. • Hydrologic group B: Soils have a moderate infiltration rate when thoroughly wet, consist chiefly of moderately deep to deep, moderately well drained to well drained soils that have a moderately fine to moderately coarse texture. These soils have a moderate rate of water transmission. • Hydrologic group C: Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. • Hydrologic group D: Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink-swell potential, soils that have a high water table, have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. Hydric Soils – A hydric soil is one that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part of the soil profile that supports the growth or regeneration of hydrophytic vegetation. Soils with hydric inclusions have map units dominantly made up of non-hydric soils that may have inclusions of hydric soils in the lower positions on the landscape. Of the soils found onsite, three are classified as hydric soil (67A Harpster silty clay loam, 152A Drummer silty clay loam, and 330A Peotone silty clay loam), one is classified as non-hydric soil (791B Rush silt loam), and one is classified as non-hydric soil with hydric inclusions likely (149A Brenton silt loam). Prime Farmland – Prime farmland is land that has the best combination of physical and chemical characteristics for agricultural production. Prime farmland soils are an important resource to Kendall County and some of the most productive soils in the United States occur locally. Of the soils found onsite, two are designated as prime farmland (149A Brenton silt loam and 791B Rush silt loam) and three are designated as prime farmland if drained (67A Harpster silty clay loam, 152A Drummer silty clay loam, and 330A Peotone silty clay loam). Soil Limitations – The USDA-NRCS Web Soil Survey rates the limitations of soils for dwellings, small commercial buildings, solar arrays, shallow excavations, lawns/landscaping, local roads and streets, etc. Soils have different properties which influence the development of building sites. The USDA-NRCS classifies soils as Not Limited, Somewhat Limited, and Very Limited. Soils that are Not Limited indicates that the soil has properties that are favorable for the specified use. They will perform well and will have low maintenance. Soils that are Somewhat Limited are moderately favorable, and their limitations can be overcome through special planning, design, or installation. Soils that are Very Limited have features that are unfavorable for the specified use, and their limitations cannot easily be overcome. NRI 2401 January 2024 4 Table 2: Soil Limitations Soil Type Solar Arrays, Soil-Penetrating Anchor Systems Solar Arrays, Ballast Anchor Systems Shallow Excavations Lawns/ Landscaping 67A Very Limited Very Limited Very Limited Very Limited 149A Very Limited Very Limited Very Limited Somewhat Limited 152A Very Limited Very Limited Very Limited Very Limited 330A Very Limited Very Limited Very Limited Very Limited 791B Very Limited Very Limited Somewhat Limited Somewhat Limited Figure 2: Soil Limitations KENDALL COUNTY LAND EVALUATION AND SITE ASSESSMENT (LESA) Decision-makers in Kendall County use the Land Evaluation and Site Assessment (LESA) system to determine the suitability of a land use change and/or a zoning request as it relates to agricultural land. The LESA system was developed by the United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) and takes into consideration local conditions such as physical characteristics of the land, compatibility of surrounding land-uses, and urban growth factors. The LESA system is a two-step procedure that includes: • Land Evaluation (LE): The soils of a given area are rated and placed in groups ranging from the best to worst suited for a stated agriculture use, cropland, or forestland. The best group is assigned a value of 100 and all other groups are assigned lower values. The Land Evaluation is based on data from the Kendall County Soil Survey. The Kendall County Soil and Water Conservation District is responsible for this portion of the LESA system.  The Land Evaluation score for this site is 95, indicating that the soils are well suited for agricultural uses. • Site Assessment (SA): The site is numerically evaluated according to important factors that contribute to the quality of the site. Each factor selected is assigned values in accordance with the local needs and objectives. The Site Assessment value is based on a 200-point scale and accounts for 2/3 of the total score. The Kendall County LESA Committee is responsible for this portion of the LESA system. Please Note: A land evaluation (LE) score will be compiled for every project parcel. However, when a parcel is located within municipal planning boundaries, a site assessment 0 20 40 60 80 100 Solar Arrays, Soil- Penetrating Anchor Systems Solar Arrays, Ballast Anchor Systems Shallow Excavations Lawns/Landscaping % OF SOIL TYPE OF IMPROVEMENT SOIL LIMITATIONS Not Limited Somewhat Limited Very Limited NRI 2401 January 2024 5 (SA) score is not compiled as the scoring factors are not applicable. As a result, only the LE score is available, and a full LESA score is unavailable for the parcel.  The Site Assessment score for this site is not applicable. WETLANDS The U.S. Fish & Wildlife Service’s National Wetlands Inventory map indicates the presence of wetland(s)/waters on the proposed project site. To determine if a wetland is present, a wetland delineation specialist, who is recognized by the U.S. Army Corps of Engineers, should determine the exact boundaries and value of the wetlands. A Wetland Determination/Delineation Report dated September 1, 2023, was prepared by Atwell, LLC. The results of their review indicated the presence of two watercourses on the site (Rob Roy Creek and an unnamed tributary of Rob Roy Creek). FLOODPLAIN The Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Map (FIRM) for Kendall County, Community Panel No. 17093C0030G (effective date February 4, 2009) was reviewed to determine the presence of floodplain and floodway areas within the project site. According to the map, the site does not likely contain areas of regulated floodplain or floodway. SEDIMENT AND EROSION CONTROL Development on this site should include an erosion and sediment control plan in accordance with local, state, and federal regulations. Soil erosion on construction sites is a resource concern as suspended sediment from areas undergoing development is a primary nonpoint source of water pollution. Please consult the Illinois Urban Manual (https://illinoisurbanmanual.org/) for appropriate best management practices. STORMWATER POLLUTION A National Pollutant Discharge Elimination System (NPDES) permit (Permit No. ILR10) from the Illinois Environmental Protection Agency (IEPA) is required for stormwater discharges from construction sites that will disturb 1 or more acres of land. Conditions of the NPDES ILR10 permit require the development and implementation of a Stormwater Pollution Prevention Plan (SWPPP) to reduce stormwater pollutants on the construction site before they can cause environmental issues. ECOLOGICAL CONSIDERATIONS Developers of solar project sites are encouraged to plant native groundcover. Native shrubs, grasses, and wildflowers offer benefits such as improved erosion control, pesticide avoidance, stormwater infiltration, wildlife habitat, and reduced overall maintenance. Naturalized areas, once established, are more drought tolerant, require little to no fertilization, and only need to be mowed once or twice a year. Native fruiting and flowering plants also provide a food source and habitat for native pollinators which offer the ecological service of pollinating our agricultural crops. The District recognizes two potential sources of water pollution from solar farms including cracked panels and oil leaks or spills from transformers. Cracked panels can leach toxic materials if many broken panels are exposed to precipitation over a long period of time. To prevent this issue, solar farm operators should regularly inspect for cracked panels. Cracked or broken panels must be immediately stored under protective cover and should be periodically transported offsite for recycling or proper offsite storage. NRI 2401 January 2024 6 Electrical transformers are used to increase output voltage from solar farms to the electrical grid. These transformers contain oil, which can leak or spill resulting in environmental damage. To reduce environmental damage, biodegradable oil can be used in the transformers. Larger transformers typically use mineral-based oil unless biodegradable oil is specifically requested. Leaks and spills of biodegradable oil must still be prevented, but the risk for groundwater contamination would be reduced and clean-up efforts simplified in the event of a release. Secondary containment systems such as trays, membranes, or vaults can also be used in the event of a leak or spill. Containment systems must be designed to manage stormwater so adequate containment volume is maintained. This would be the responsibility of the solar developer. NRI 2401 January 2024 8 PARCEL LOCATION Figure 3: 2021 Plat Map Southwestern ¼ of Section 8, Township 37 North, Range 7 East (Bristol Township). These parcels contain approximately 41.0 acres and are located north of Corneils Road, east of Beecher Road, south of Galena Road, and west of Illinois Route 47. NRI 2401 January 2024 9 Figure 4: 2021 Aerial Map with NRI Project Boundary NRI 2401 January 2024 10 ARCHAEOLOGIC/CULTURAL RESOURCES INFORMATION Simply stated, cultural resources are all the past activities and accomplishments of people. They include the following: buildings; objects made or used by people; locations; and less tangible resources, such as stories, dance forms, and holiday traditions. The Soil and Water Conservation District most often encounters cultural resources as historical properties. These may be prehistoric or historical sites, buildings, structures, features, or objects. The most common type of historical property that the Soil and Water Conservation District may encounter is non-structural archaeological sites. These sites often extend below the soil surface and must be protected against disruption by development or other earth moving activity if possible. Cultural resources are non- renewable because there is no way to “grow” a site to replace a disrupted site. Landowners with historical properties on their land have ownership of that historical property. However, the State of Illinois owns all the following: human remains, grave markers, burial mounds, and artifacts associated with graves and human remains. Non-grave artifacts from archaeological sites and historical buildings are the property of the landowner. The landowner may choose to disturb a historical property but may not receive federal or state assistance to do so. If an earth moving activity disturbs human remains, the landowner must contact the county coroner within 48 hours. The Illinois State Historic Preservation Office has not been notified of the proposed land use change by the Kendall County SWCD. The applicant may need to contact them according to current Illinois law. NRI 2401 January 2024 11 ECOLOGICALLY SENSITIVE AREAS WHAT IS BIOLOGICAL DIVERSITY AND WHY SHOULD IT BE CONSERVED?1 Biological diversity, or biodiversity, is the range of life on our planet. A more thorough definition is presented by botanist Peter H. Raven: “At the simplest level, biodiversity is the sum total of all the plants, animals, fungi and microorganisms in the world, or in a particular area; all of their individual variation; and all of the interactions between them. It is the set of living organisms that make up the fabric of the planet Earth and allow it to function as it does, by capturing energy from the sun and using it to drive all of life’s processes; by forming communities of organisms that have, through the several billion years of life’s history on Earth, altered the nature of the atmosphere, the soil and the water of our Planet; and by making possible the sustainability of our planet through their life activities now” (Raven 1994). It is not known how many species occur on our planet. Presently, about 1.4 million species have been named. It has been estimated that there are perhaps 9 million more that have not been identified. What is known is that they are vanishing at an unprecedented rate. Reliable estimates show extinction occurring at a rate several orders of magnitude above “background” in some ecological systems (Wilson 1992, Hoose 1981). The reasons for protecting biological diversity are complex, but they fall into four major categories. First, loss of diversity generally weakens entire natural systems. Healthy ecosystems tend to have many natural checks and balances. Every species plays a role in maintaining this system. When simplified by the loss of diversity, the system becomes more susceptible to natural and artificial perturbations. The chances of a system-wide collapse increase. In parts of the midwestern United States, for example, it was only the remnant areas of natural prairies that kept soil intact during the dust bowl years of the 1930s (Roush 1982). Simplified ecosystems are almost always expensive to maintain. For example, when synthetic chemicals are relied upon to control pests, the target species are not the only ones affected. Their predators are almost always killed or driven away, exasperating the pest problem. In the meantime, people are unintentionally breeding pesticide-resistant pests. A process has begun where people become perpetual guardians of the affected area, which requires the expenditure of financial resources and human ingenuity to keep the system going. A second reason for protecting biological diversity is that it represents one of our greatest untapped resources. Great benefits can be reaped from a single species. About 20 species provide 90% of the world’s food. Of these 20, just three, wheat, maize, and rice-supply over one half of that food. American wheat farmers need new varieties every five to 15 years to compete with pests and diseases. Wild strains of wheat are critical genetic reservoirs for these new varieties. Further, every species is a potential source of human medicine. In 1980, a published report identified the market value of prescription drugs from higher plants at over $3 billion. Organic alkaloids, a class of NRI 2401 January 2024 12 chemical compounds used in medicines, are found in an estimated 20% of plant species. Yet only 2% of plant species have been screened for these compounds (Hoose 1981). The third reason for protecting diversity is that humans benefit from natural areas and depend on healthy ecosystems. The natural world supplies our air, our water, our food and supports human economic activity. Further, humans are creatures that evolved in a diverse natural environment between forest and grasslands. People need to be reassured that such places remain. When people speak of “going to the country,” they generally mean more than getting out of town. For reasons of their own sanity and wellbeing, they need a holistic, organic experience. Prolonged exposure to urban monotony produces neuroses, for which cultural and natural diversity cure. Historically, the lack of attention to biological diversity, and the ecological processes it supports, has resulted in economic hardships for segments of the basin’s human population. The final reason for protecting biological diversity is that species and natural systems are intrinsically valuable. The above reasons have focused on the benefits of the natural world to humans. All things possess intrinsic value simply because they exist. BIOLOGICAL RESOURCES CONCERNING THE SUBJECT PARCEL As part of the Natural Resources Information Report, staff checks office maps to determine if any nature preserves or ecologically sensitive areas are in the general vicinity of the parcel in question. If there is a nature preserve in the area, then that resource will be identified as part of the report. The SWCD recommends that every effort be made to protect that resource. Such efforts should include, but are not limited to erosion control, sediment control, stormwater management, and groundwater monitoring. ______________________________________________________________________________ 1Taken from The Conservation of Biological Diversity in the Great Lakes Ecosystem: Issues and Opportunities, prepared by the Nature Conservancy Great Lakes Program 79W. Monroe Street, Suite 1309, Chicago, IL 60603, January 1994. Office maps indicate that ecologically sensitive area(s) are located on or near the parcel in question (PIQ). Rob Roy Creek and an unnamed tributary of Rob Roy Creek flow through the PIQ. Rob Roy Creek is a tributary of the Fox River. NRI 2401 January 2024 13 SOILS INFORMATION IMPORTANCE OF SOILS INFORMATION Soils information comes from the Natural Resources Conservation Service Soil Maps and Descriptions for Kendall County. This information is important to all parties involved in determining the suitability of the proposed land use change. Each soil polygon is given a number, which represents its soil type. The letter found after the soil type number indicates the soils slope class. Each soil map unit has limitations for a variety of land uses such as septic systems, buildings with basements, and buildings without basements. It is important to remember that soils do not function independently of each other. The behavior of a soil depends upon the physical properties of adjacent soil types, the presence of artificial drainage, soil compaction, and its position in the local landscape. The limitation categories (not limited, somewhat limited, or very limited) indicate the potential for difficulty in using that soil unit for the proposed activity and, thus, the degree of need for thorough soil borings and engineering studies. A limitation does not necessarily mean that the proposed activity cannot be done on that soil type. It does mean that the reasons for the limitation need to be thoroughly understood and dealt with to complete the proposed activity successfully. Very limited indicates that the proposed activity will be more difficult and costly to do on that soil type than on a soil type with a somewhat limited or not limited rating. Soil survey interpretations are predictions of soil behavior for specified land uses and specified management practices. They are based on the soil properties that directly influence the specified use of the soil. Soil survey interpretations allow users of soil surveys to plan reasonable alternatives for the use and management of soils. Soil interpretations do not eliminate the need for on-site study and testing of specific sites for the design and construction for specific uses. They can be used as a guide for planning more detailed investigations and for avoiding undesirable sites for an intended use. The scale of the maps and the range of error limit the use of the soil delineation. NRI 2401 January 2024 14 Figure 5: Soil Map Table 3: Soil Map Unit Descriptions Soil Type Soil Name Acres Percent 67A Harpster silty clay loam, 0-2% slopes 0.6 1.4% 149A Brenton silt loam, 0-2% slopes 4.3 10.1% 152A Drummer silty clay loam, 0-2% slopes 23.4 54.5% 330A Peotone silty clay loam, 0-2% slopes 14.4 33.5% 791B Rush silt loam, 2-4% slopes 0.2 0.5% Source: National Cooperative Soil Survey – USDA-NRCS NRI 2401 January 2024 15 SOILS INTERPRETATIONS EXPLANATION GENERAL – NONAGRICULTURAL These interpretative ratings help engineers, planners, and others to understand how soil properties influence behavior when used for nonagricultural uses such as building site development or construction materials. This report gives ratings for proposed uses in terms of limitations and restrictive features. The tables list only the most restrictive features. Other features may need treatment to overcome soil limitations for a specific purpose. Ratings come from the soil's "natural" state, that is, no unusual modification occurs other than that which is considered normal practice for the rated use. Even though soils may have limitations, an engineer may alter soil features or adjust building plans for a structure to compensate for most degrees of limitations. Most of these practices, however, are costly. The final decision in selecting a site for a particular use generally involves weighing the costs for site preparation and maintenance. Soil properties influence development of building sites, including the selection of the site, the design of the structure, construction, performance after construction, and maintenance. Soil limitation ratings of not limited, somewhat limited, and very limited are given for the types of proposed improvements that are listed or inferred by the petitioner as entered on the report application and/or zoning petition. The most common types of building limitation that this report gives limitations ratings for is septic systems. It is understood that engineering practices can overcome most limitations for buildings with and without basements, and small commercial buildings. Limitation ratings for these types of buildings are not commonly provided. Organic soils, when present on the parcel, are referenced in the hydric soils section of the report. This type of soil is considered unsuitable for all types of construction. LIMIATIONS RATINGS • Not Limited: This soil has favorable properties for the use. The degree of limitation is minor. The people involved can expect good performance and low maintenance. • Somewhat Limited: This soil has moderately favorable properties for the use. Special planning, design, or maintenance can overcome this degree of limitation. During some part of the year, the expected performance is less desirable than for soils rated slight. • Very Limited: This soil has one or more properties that are unfavorable for the rated use. These may include the following: steep slopes, bedrock near the surface, flooding, high shrink-swell potential, a seasonal high water table, or low strength. This degree of limitation generally requires major soil reclamation, special design, or intensive maintenance, which in most situations is difficult and costly. NRI 2401 January 2024 16 BUILDING LIMITATIONS BUILDING ON POORLY SUITED OR UNSUITABLE SOILS Building on poorly suited or unsuitable soils can present problems to future property owners such as cracked foundations, wet basements, lowered structural integrity and high maintenance costs associated with these problems. The staff of the Kendall County SWCD strongly urges scrutiny by the plat reviewers when granting parcels with these soils exclusively. Solar Arrays, Soil-Penetrating Anchor Systems – Ground-based solar arrays are sets of photovoltaic panels that are not situated on a building or pole. These installations consist of a racking system that holds the panel in the desired orientation and the foundation structures that hold the racking system to the ground. Two basic methods are used to hold the systems to the ground, based on site conditions and cost. One method employs driven piles, screw augers, or concrete piers that penetrate the soil to provide a stable foundation. Solar Arrays, Ballast Anchor Systems Ground-based solar arrays are sets of photovoltaic panels that are not situated on a building or pole. These installations consist of a racking system that holds the panel in the desired orientation and the foundation structures that hold the racking system to the ground. Ballast anchor systems can be used in some places where soil-penetrating systems cannot, such as in shallow or stony soil. Also, since they do not penetrate the soil, ballast systems can be used where the soil is contaminated, and disturbance is to be avoided. The soil in the area must have sufficient strength to be able to support the vehicles that haul the ballast and the machinery to install it. Shallow Excavations – Trenches or holes dug to a maximum depth of 5 or 6 feet for utility lines, open ditches, or other purposes. Ratings are based on soil properties that influence the ease of digging and the resistance to sloughing. Lawns and Landscaping – Require soils on which turf and ornamental trees and shrubs can be established and maintained (irrigation is not considered in the ratings). The ratings are based on the soil properties that affect plant growth and trafficability after vegetation is established. NRI 2401 January 2024 17 Table 4: Building Limitations Soil Type Solar Arrays, Soil-Penetrating Anchor Systems Solar Arrays, Ballast Anchor Systems Shallow Excavations Lawns & Landscaping Acres % 67A Very Limited: Ponding Depth to saturated zone Frost action Low strength Steel corrosion Shrink-swell Very Limited: Ponding Depth to saturated zone Frost action Low strength Slope shape across Hillslope position Very Limited: Ponding Depth to saturated zone Dusty Unstable excavation walls Very Limited: Ponding Depth to saturated zone Dusty 0.6 1.4% 149A Very Limited: Frost action Low strength Steel corrosion Depth to saturated zone Hillslope position Ponding Very Limited: Frost action Low strength Depth to saturated zone Hillslope position Ponding Slope shape across Very Limited: Depth to saturated zone Dusty Unstable excavation walls Ponding Somewhat Limited: Depth to saturated zone Dusty 4.3 10.1% 152A Very Limited: Ponding Depth to saturated zone Frost action Low strength Steel corrosion Shrink-swell Very Limited: Ponding Depth to saturated zone Frost action Low strength Slope shape across Very Limited: Ponding Depth to saturated zone Dusty Unstable excavation walls Too clayey Very Limited: Ponding Depth to saturated zone Dusty 23.4 54.5% 330A Very Limited: Ponding Depth to saturated zone Shrink-swell Frost action, Low strength Very Limited: Ponding Depth to saturated zone Frost action, Low strength, Slope shape across Very Limited: Ponding Depth to saturated zone Unstable excavation walls Dusty, Too clayey Very Limited: Ponding Depth to saturated zone Dusty 14.4 33.5% 791B Very Limited: Frost action, Steel corrosion, Shrink-swell, Low strength, Hillslope position Very Limited: Frost action, Low strength, Hillslope position, Slope shape across Somewhat Limited: Dusty Unstable excavation walls Somewhat Limited: Dusty 0.2 0.5% % Very Limited 100% 100% 99.5% 89.4% Figure 6A: Map of Building Limitations - Solar Arrays Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey46164004616500461660046167004616800461690046170004617100461720046173004617400 4616400461650046166004616700461680046169004617000461710046172004617300378100 378200 378300 378400 378500 378600 378700 378800 378000 378100 378200 378300 378400 378500 378600 378700 378800 41° 41' 56'' N 88° 27' 57'' W41° 41' 56'' N88° 27' 22'' W41° 41' 21'' N 88° 27' 57'' W41° 41' 21'' N 88° 27' 22'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 16N WGS84 0 250 500 1000 1500 Feet 0 50 100 200 300 Meters Map Scale: 1:5,280 if printed on A portrait (8.5" x 11") sheet. Soil Map may not be valid at this scale. NRI 2401 January 2024 18 Figure 6B: Map of Building Limitations - Shallow Excavations Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey461640046165004616600461670046168004616900461700046171004617200461730046174004616400461650046166004616700461680046169004617000461710046172004617300378100378200378300378400378500378600378700378800 378000 378100 378200 378300 378400 378500 378600 378700 378800 41° 41' 56'' N 88° 27' 57'' W41° 41' 56'' N88° 27' 22'' W41° 41' 21'' N 88° 27' 57'' W41° 41' 21'' N 88° 27' 22'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 16N WGS84 0 250 500 1000 1500 Feet 0 50 100 200 300 Meters Map Scale: 1:5,280 if printed on A portrait (8.5" x 11") sheet. Soil Map may not be valid at this scale. NRI 2401 January 2024 19 Figure 6C: Map of Building Limitations - Lawns / Landscaping Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey461640046165004616600461670046168004616900461700046171004617200461730046174004616400461650046166004616700461680046169004617000461710046172004617300378100378200378300378400378500378600378700378800 378000 378100 378200 378300 378400 378500 378600 378700 378800 41° 41' 56'' N 88° 27' 57'' W41° 41' 56'' N88° 27' 22'' W41° 41' 21'' N 88° 27' 57'' W41° 41' 21'' N 88° 27' 22'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 16N WGS84 0 250 500 1000 1500 Feet 0 50 100 200 300 Meters Map Scale: 1:5,280 if printed on A portrait (8.5" x 11") sheet. Soil Map may not be valid at this scale. NRI 2401 January 2024 20 NRI 2401 January 2024 21 SOIL WATER FEATURES Table 5, below, gives estimates of various soil water features that should be taken into consideration when reviewing engineering for a land use project. HYDROLOGIC SOIL GROUPS (HSGs) – The groups are based on estimates of runoff potential. Soils are assigned to one of four groups according to the rate of water infiltration when the soils are not protected by vegetation, are thoroughly wet, and receive precipitation from long-duration storms. • Group A: Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. • Group B: Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained, or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. • Group C: Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. • Group D: Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink-swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. Note: If a soil is assigned to a dual hydrologic group (A/D, B/D or C/D) the first letter is for drained areas and the second is for undrained areas. SURFACE RUNOFF – Surface runoff refers to the loss of water from an area by flow over the land surface. Surface runoff classes are based upon slope, climate and vegetative cover and indicates relative runoff for very specific conditions (it is assumed that the surface of the soil is bare and that the retention of surface water resulting from irregularities in the ground surface is minimal). The classes are negligible, very low, low, medium, high, and very high. MONTHS – The portion of the year in which a water table, ponding, and/or flooding is most likely to be a concern. WATER TABLE – Water table refers to a saturated zone in the soil and the data indicates, by month, depth to the top (upper limit) and base (lower limit) of the saturated zone in most years. These estimates are based upon observations of the water table at selected sites and on evidence of a saturated zone (grayish colors or mottles (redoximorphic features)) in the soil. Note: A saturated zone that lasts for less than a month is not considered a water table. PONDING – Ponding refers to standing water in a closed depression, and the data indicates surface water depth, duration, and frequency of ponding. NRI 2401 January 2024 22 • Duration: Expressed as very brief if less than 2 days, brief if 2 to 7 days, long if 7 to 30 days and very long if more than 30 days. • Frequency: Expressed as: none meaning ponding is not possible; rare means unlikely but possible under unusual weather conditions (chance of ponding is 0-5% in any year); occasional means that it occurs, on the average, once or less in 2 years (chance of ponding is 5 to 50% in any year); and frequent means that it occurs, on the average, more than once in 2 years (chance of ponding is more than 50% in any year). FLOODING – The temporary inundation of an area caused by overflowing streams, by runoff from adjacent slopes, or by tides. Water standing for short periods after rainfall or snowmelt is not considered flooding, and water standing in swamps and marshes is considered ponding rather than flooding. • Duration: Expressed as: extremely brief if 0.1 hour to 4 hours; very brief if 4 hours to 2 days; brief if 2 to 7 days; long if 7 to 30 days; and very long if more than 30 days. • Frequency: Expressed as: none means flooding is not probable; very rare means that it is very unlikely but possible under extremely unusual weather conditions (chance of flooding is less than 1% in any year); rare means that it is unlikely but possible under unusual weather conditions (chance of flooding is 1 to 5% in any year); occasional means that it occurs infrequently under normal weather conditions (chance of flooding is 5 to 50% in any year but is less than 50% in all months in any year); and very frequent means that it is likely to occur very often under normal weather conditions (chance of flooding is more than 50% in all months of any year). Note: The information is based on evidence in the soil profile. In addition, consideration is also given to local information about the extent and levels of flooding and the relation of each soil on the landscape to historic floods. Information on the extent of flooding based on soil data is less specific than that provided by detailed engineering surveys that delineate flood-prone areas at specific flood frequency levels. Table 5: Water Features Soil Type Hydrologic Group Surface Runoff Water Table Ponding Flooding 67A B/D Negligible January – May Upper Limit: 0.0’-1.0’ Lower Limit: 6.0’ January – May Surface Water Depth: 0.0’-0.5’ Duration: Brief (2-7 days) Frequency: Frequent January – December Frequency: None 149A B/D Low January – May Upper Limit: 1.0’-2.0’ Lower Limit: 6.0’ January – December Frequency: None January – December Frequency: None 152A B/D Negligible January – May Upper Limit: 0.0’-1.0’ Lower Limit: 6.0’ January – May Surface Water Depth: 0.0’-0.5’ Duration: Brief (2-7 days) Frequency: Frequent January – December Frequency: None 330A C/D Negligible January – June Upper Limit: 0.0’-1.0’ Lower Limit: 6.0’ January – June Surface Water Depth: 0.0’-0.5’ Duration: Brief (2-7 days) Frequency: Frequent January – December Frequency: None 791B B Low January – December Upper/Lower Limit: -- January – December Frequency: None January – December Frequency: None NRI 2401 January 2024 23 SOIL EROSION AND SEDIMENT CONTROL Erosion is the wearing away of the soil by water, wind, and other forces. Soil erosion threatens the Nation's soil productivity and contributes the most pollutants in our waterways. Water causes about two thirds of erosion on agricultural land. Four properties, mainly, determine a soil's erodibility: texture, slope, structure, and organic matter content. Slope has the most influence on soil erosion potential when the site is under construction. Erosivity and runoff increase as slope grade increases. The runoff then exerts more force on the particles, breaking their bonds more readily and carrying them farther before deposition. The longer water flows along a slope before reaching a major waterway, the greater the potential for erosion. Soil erosion during and after this proposed construction can be a primary non-point source of water pollution. Eroded soil during the construction phase can create unsafe conditions on roadways, decrease the storage capacity of lakes, clog streams and drainage channels, cause deterioration of aquatic habitats, and increase water treatment costs. Soil erosion also increases the risk of flooding by choking culverts, ditches, and storm sewers and by reducing the capacity of natural and man-made detention facilities. The general principles of erosion and sedimentation control measures include: • Reducing/diverting flow from exposed areas, storing flows, or limiting runoff from exposed areas • Staging construction to keep disturbed areas to a minimum • Establishing or maintaining temporary or permanent groundcover • Retaining sediment on site • Properly installing, inspecting, and maintaining control measures Erosion control practices are useful controls only if they are properly located, installed, inspected, and maintained. Soil erosion and sedimentation control plans, including maintenance responsibilities, should be clearly communicated to all contractors working on the site. The SWCD recommends an erosion and sediment control plan for all building sites, especially if there is a wetland or stream nearby. Additionally, a National Pollutant Discharge Elimination System (NPDES) permit (Permit No. ILR10) from the Illinois Environmental Protection Agency (IEPA) is required for stormwater discharges from construction sites that will disturb 1 or more acres of land. Conditions of the NPDES ILR10 permit require the development and implementation of a Stormwater Pollution Prevention Plan (SWPPP) to reduce stormwater pollutants on the construction site before they can cause environmental issues. Table 6: Soil Erosion Potential Soil Type Slope Rating Acreage Percent of Project Area 67A 0-2% Slight 0.6 1.4% 149A 0-2% Slight 4.3 10.1% 152A 0-2% Slight 23.4 54.5% 330A 0-2% Slight 14.4 33.5% 791B 2-4% Slight 0.2 0.5% NRI 2401 January 2024 24 PRIME FARMLAND SOILS Prime farmland soils are an important resource to Kendall County. Some of the most productive soils in the United States occur locally. Each soil map unit in the United States is assigned a prime or non-prime rating. Prime agricultural land does not need to be in the production of food & fiber. Section 310 of the NRCS general manual states that urban or built-up land on prime farmland soils is not prime farmland. The percentages of soil map units on the parcel reflect the determination that urban or built-up land on prime farmland soils is not prime farmland. Table 7: Prime Farmland Soils Soil Type Prime Designation Acreage Percent 67A Prime Farmland if Drained 0.6 1.4% 149A Prime Farmland 4.3 10.1% 152A Prime Farmland if Drained 23.4 54.5% 330A Prime Farmland if Drained 14.4 33.5% 791B Prime Farmland 0.2 0.5% % Prime Farmland 100% Figure 7: Prime Farmland Soils NRI 2401 January 2024 25 LAND EVALUATION AND SITE ASSESSMENT (LESA) Decision-makers in Kendall County use the Land Evaluation and Site Assessment (LESA) system to determine the suitability of a land use change and/or a zoning request as it relates to agricultural land. The LESA system was developed by the United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) and takes into consideration local conditions such as physical characteristics of the land, compatibility of surrounding land-uses, and urban growth factors. The LESA system is a two-step procedure that includes: LAND EVALUATION (LE) The soils of a given area are rated and placed in groups ranging from the best to worst suited for a stated agriculture use, cropland, or forestland. The best group is assigned a value of 100, and all other groups are assigned lower values. The Land Evaluation is based on data from the Kendall County Soil Survey. The LE score is calculated by multiplying the relative value of each soil type by the number of acres of that soil. The sum of the products is then divided by the total number of acres; the answer is the Land Evaluation score on this site. The Kendall County Soil and Water Conservation District is responsible for this portion of the LESA system. SITE ASSESSMENT (SA) The site is numerically evaluated according to important factors that contribute to the quality of the site. Each factor selected is assigned values in accordance with the local needs and objectives. The value group is a predetermined value based upon prime farmland designation. The Kendall County LESA Committee is responsible for this portion of the LESA system. Please Note: A land evaluation (LE) score will be compiled for every project parcel. However, when a parcel is located within municipal planning boundaries, a site assessment (SA) score is not compiled as the scoring factors are not applicable. As a result, only the LE score is available, and a full LESA score is unavailable for the parcel. Table 8: Land Evaluation Computation Soil Type Value Group Relative Value Acres* Product (Relative Value x Acres) 67A 2 94 0.6 56.4 149A 1 100 4.3 430.0 152A 1 100 23.4 2,340.0 330A 3 87 14.4 1,252.8 791B 4 79 0.2 15.8 43.0 4,095.0 LE Calculation (Product of relative value / Total Acres) 4,095.0 / 43.0 = 95.2 LE Score LE = 95 *Acreage listed in this chart provides a generalized representation and may not precisely reflect exact acres of each soil type. NRI 2401 January 2024 26 The Land Evaluation (LE) score for this site is 95 out of 100, indicating that the soils are well suited for agricultural uses considering the Land Evaluation score is above 80. The full LESA Score is not applicable for the proposed project site since it is within municipal planning boundaries. Selecting the project site with the lowest total points will generally protect the best farmland and maintain and promote the agricultural industry in Kendall County. NRI 2401 January 2024 27 LAND USE PLANS Many counties, municipalities, villages, and townships have developed land-use plans. These plans are intended to reflect the existing and future land-use needs of a given community. Please contact the United City of Yorkville’s Community Development Department for information regarding their comprehensive land use plan and map. DRAINAGE, RUNOFF, AND FLOOD INFORMATION U.S.G.S Topographic maps give information on elevations, which are important mostly to determine slopes, drainage directions, and watershed information. Elevations determine the area of impact of floods of record. Slope information determines steepness and erosion potential. Drainage directions determine where water leaves the PIQ, possibly impacting surrounding natural resources. Watershed information is given for changing land use to a subdivision type of development on parcels greater than 10 acres. WHAT IS A WATERSHED? Simply stated, a watershed is the area of land that contributes water to a certain point. The watershed boundary is important because the area of land in the watershed can now be calculated using an irregular shape area calculator such as a dot counter or planimeter. Using regional storm event information, and site-specific soils and land use information, the peak stormwater flow through the point marked “” for a specified storm event can be calculated. This value is called a “Q” value (for the given storm event) and is measured in cubic feet per second (CFS). When construction occurs, the Q value naturally increases because of the increase in impermeable surfaces. This process decreases the ability of soils to accept and temporarily hold water. Therefore, more water runs off and increases the Q value. Theoretically, if each development, no matter how large or small, maintains their preconstruction Q value after construction by the installation of stormwater management systems, the streams and wetlands and lakes will not suffer damage from excessive urban stormwater. For this reason, the Kendall County SWCD recommends that the developer for intense uses, such as a subdivision, calculate the preconstruction Q value for the exit point(s). A stormwater management system NRI 2401 January 2024 28 should be designed, installed, and maintained to limit the postconstruction Q value to be at or below the preconstruction value. IMPORTANCE OF FLOOD INFORMATION A floodplain is defined as land adjoining a watercourse (riverine) or an inland depression (non-riverine) that is subject to periodic inundation by high water. Floodplains are important areas demanding protection since they have water storage and conveyance functions which affect upstream and downstream flows, water quality and quantity, and suitability of the land for human activity. Since floodplains play distinct and vital roles in the hydrologic cycle, development that interferes with their hydrologic and biologic functions should be carefully considered. Flooding is both dangerous to people and destructive to their properties. The following maps, when combined with wetland and topographic information, can help developers and future homeowners to “sidestep” potential flooding or ponding problems. Flood Insurance Rate Maps (FIRMs), produced by the Federal Emergency Management Agency (FEMA), define flood elevation adjacent to tributaries and major bodies of water and superimpose that onto a simplified USGS topographic map. The scale of the FIRM maps is generally dependent on the size and density of parcels in that area. This is to correctly determine the parcel location and floodplain location. The FIRM map has three (3) zones. Zone A includes the 100-year flood (1% annual chance flood), Zone B or Zone X (shaded) is the 100 to 500-year flood (between limits of the 1% and the 0.2% annual chance flood), and Zone C or Zone X (unshaded) is outside the floodplain (outside the 0.2% annual chance flood). The Hydrologic Atlas (H.A.) Series of the Flood of Record Map is also used for the topographic information. This map is different from the FIRM map mainly because it will show isolated or pocketed flooded areas. Kendall County uses both these maps in conjunction with each other for flooded area determinations. The Flood of Record maps show the areas of flood for various years. Both maps stress that the recurrence of flooding is merely statistical. A 100-year flood may occur twice in one year, or twice in one week, for that matter. It should be noted that greater floods than those shown on the two maps are possible. The flood boundaries indicated provide a historic record only until the map publication date. Additionally, these flood boundaries are a function of the watershed conditions existing when the maps were produced. Cumulative changes in runoff characteristics caused by urbanization can result in an increase in flood height of future flood episodes. Floodplains play a vital role in reducing the flood damage potential associated with an urbanizing area and, when left in an undisturbed state, also provide valuable wildlife habitat benefits. If it is the petitioner's intent to conduct floodplain filling or modification activities, the petitioner, and the Unit of Government responsible need to consider the potentially adverse effects this type of action could have on adjacent properties. The change or loss of natural floodplain storage often increases the frequency and severity of flooding on adjacent property. NRI 2401 January 2024 29 If the available maps indicate the presence of a floodplain on the PIQ, the petitioner should contact the IDNR-OWR and FEMA to delineate a floodplain elevation for the parcel. If a portion of the property is indeed floodplain, applicable state, county, and local regulations will need to be reflected in the site plans. Another indication of flooding potential can be found in the soils information. Hydric soils indicate the presence of drainage ways, areas subject to ponding, or a naturally occurring high water table. These need to be considered along with the floodplain information when developing the site plan and the stormwater management plan. Development on hydric soils can contribute to the loss of water storage within the soil and the potential for increased flooding in the area. Figure 8: Flood Map This parcel is located on minimal topography (slopes 0 to 4%) and an elevation range of approximately 638’-644’ above sea level. The lowest point is along the unnamed tributary, and the highest point is in the northwest portion of the site. According to the FEMA Flood Map (Figure 8), the parcel does not likely contain areas of regulated floodplain or floodway. The parcel is mapped as Zone X, an Area of Minimal Flood Hazard. NRI 2401 January 2024 30 Figure 9: Topographic Map NRI 2401 January 2024 31 WATERSHED PLANS WATERSHED AND SUB WATERSHED INFORMATION A watershed is the area of land that drains into a specific point including a stream, lake, or other body of water. High points on the Earth’s surface, such as hills and ridges define watersheds. When rain falls in the watershed, it flows across the ground towards a stream or lake. Rainwater carries pollutants such as oils, pesticides, and soil. Everyone lives in a watershed. Their actions can impact natural resources and people living downstream. Residents can minimize this impact by being aware of their environment and the implications of their activities, implementing practices recommended in watershed plans, and educating others about their watershed. The following are recommendations to developers for protection of this watershed: • Preserve open space • Maintain wetlands as part of development • Use natural water management • Prevent soil from leaving a construction site • Protect subsurface drainage • Use native vegetation • Retain natural features • Mix housing styles and types • Decrease impervious surfaces • Reduce area disturbed by mass grading • Shrink lot size and create more open space • Maintain historical and cultural resources • Treat water where it falls • Preserve views • Establish and link trails This parcel is located within the Lower Fox River watershed and the Rob Roy Creek sub watershed (HUC 12 – 071200070601). The Rob Roy Creek sub watershed comprises 13,393.76 acres of Kendall County. NRI 2401 January 2024 32 WETLAND INFORMATION IMPORTANCE OF WETLAND INFORMATION Wetlands function in many ways to provide numerous benefits to society. They control flooding by offering a slow release of excess water downstream or through the soil. They cleanse water by filtering out sediment and some pollutants and can function as rechargers of our valuable groundwater. They also are essential breeding, rearing, and feeding grounds for many species of wildlife. These benefits are particularly valuable in urbanizing areas as development activity typically adversely affects water quality, increases the volume of stormwater runoff, and increases the demand for groundwater. In an area where many individual homes rely on shallow groundwater wells for domestic water supplies, activities that threaten potential groundwater recharge areas are contrary to the public good. The conversion of wetlands, with their sediment trapping and nutrient absorbing vegetation, to biologically barren stormwater detention ponds can cause additional degradation of water quality in downstream or adjacent areas. It has been estimated that over 95% of the wetlands that were historically present in Illinois have been destroyed while only recently has the true environmental significance of wetlands been fully recognized. America is losing 100,000 acres of wetland a year and has saved 5 million acres total (since 1934). One acre of wetland can filter 7.3 million gallons of water a year. These are reasons why our wetlands are high quality and important. This section contains the National Wetlands Inventory, which is the most comprehensive inventory to date. The National Wetlands Inventory is reproduced from an aerial photo at a scale of 1” equals 660 feet. The NRCS developed these maps in cooperation with U.S. EPA (Environmental Protection Agency,) and the U.S. Fish and Wildlife Service, using the National Food Security Act Manual, 3rd Edition. The main purpose of these maps is to determine wetland areas on agricultural fields and areas that may be wetlands but are in a non-agriculture setting. The National Wetlands Inventory in no way gives an exact delineation of the wetlands, but merely an outline, or the determination that there is a wetland within the outline. For the final, most accurate wetland determination of a specific wetland, a wetland delineation must be certified by NRCS staff using the National Food Security Act Manual (on agricultural land.) On urban land, a certified wetland delineator must perform the delineation using the ACOE 1987 Manual. See the glossary section for the definitions of “delineation” and “determination.” NRI 2401 January 2024 33 Figure 10: Wetland Map Office maps indicate that mapped wetlands/waters are present on the parcel in question (PIQ). To determine the presence of wetlands, a wetland delineation specialist, who is recognized by the U.S. Army Corps of Engineers, should determine the exact boundaries and value of the wetlands. A Wetland Determination/Delineation Report dated September 1, 2023, was prepared by Atwell, LLC. The results of their review indicated the presence of two watercourses on the site (Rob Roy Creek and an unnamed tributary of Rob Roy Creek). Please see their report for more information. NRI 2401 January 2024 34 HYDRIC SOILS Soils information gives another indication of flooding potential. The soils map on the following page indicates the soil(s) on the parcel that the Natural Resources Conservation Service indicates as hydric. Hydric soils, by definition, have seasonal high water at or near the soil surface and/or have potential flooding or ponding problems. All hydric soils range from poorly suited to unsuitable for building. One group of the hydric soils are the organic soils, which formed from dead organic material. Organic soils are unsuitable for building because of not only the high water table but also their subsidence problems. It is important to add the possibility of hydric inclusions in a soil type. An inclusion is a soil polygon that is too small to appear on these maps. While relatively insignificant for agricultural use, hydric soil inclusions become more important to more intense uses such as a residential subdivision. While considering hydric soils and hydric inclusions, it is noteworthy to mention that subsurface agriculture drainage tile occurs in almost all poorly drained and somewhat poorly drained soils. Drainage tile expedites drainage and facilitates farming. It is imperative that these drainage tiles remain undisturbed. A damaged subsurface drainage tile may return original hydrologic conditions to all the areas that drained through the tile (ranging from less than one acre to many square miles.) For an intense land use, the Kendall County SWCD recommends the following: a topographical survey with 1 foot contour intervals to accurately define the flood area on the parcel, an intensive soil survey to define most accurately the locations of the hydric soils and inclusions, and a drainage tile survey on the area to locate the tiles that must be preserved to maintain subsurface drainage. Table 9: Hydric Soils Soil Types Drainage Class Hydric Designation Hydric Inclusions Likely Hydric Rating % Acres % Area 67A Poorly Drained Hydric N/A 98% 0.6 1.4% 149A Somewhat Poorly Drained Non-Hydric Yes 3% 4.3 10.1% 152A Poorly Drained Hydric N/A 100% 23.4 54.5% 330A Very Poorly Drained Hydric N/A 100% 14.4 33.5% 791B Well Drained Non-Hydric No 0% 0.2 0.5% NRI 2401 January 2024 35 Figure 11: Hydric Soil Map NRI 2401 January 2024 36 WETLAND AND FLOODPLAIN REGULATIONS The laws of the United States and the State of Illinois assign certain agencies specific and different regulatory roles to protect the waters within the State's boundaries. These roles, when considered together, include protection of navigation channels and harbors, protection against floodway encroachments, maintenance and enhancement of water quality, protection of fish and wildlife habitat and recreational resources, and, in general, the protection of total public interest. Unregulated use of the waters within the State of Illinois could permanently destroy or alter the character of these valuable resources and adversely impact the public. Therefore, please contact the proper regulatory authorities when planning any work associated with Illinois waters so that proper consideration and approval can be obtained. WHO MUST APPLY? Anyone proposing to dredge, fill, rip rap, or otherwise alter the banks or beds of, or construct, operate, or maintain any dock, pier, wharf, sluice, dam, piling, wall, fence, utility, floodplain or floodway subject to State or Federal regulatory jurisdiction should apply for agency approvals. REGULATORY AGENCIES • Wetland or U.S. Waters: U.S. Army Corps of Engineers, Chicago District, 231 South LaSalle Street, Suite 1500, Chicago, IL 60604. Phone: (312) 846-5530 • Floodplains: Illinois Department of Natural Resources - Office of Water Resources, One Natural Resources Way, Springfield, IL 62702-1270. Phone: (217) 782-6302 • Water Quality/Erosion Control: Illinois Environmental Protection Agency, 1021 North Grand Avenue East, P.O. Box 19276, Springfield, IL 62794-9276. Phone: (217) 782-3397 COORDINATION We recommend early coordination with the regulatory agencies BEFORE finalizing work plans. This allows the agencies to recommend measures to mitigate or compensate for adverse impacts. Also, the agency can make possible environmental enhancement provisions early in the project planning stages. This could reduce time required to process necessary approvals. PLEASE READ THE FOLLOWING IF YOU ARE PLANNING TO DO ANY WORK NEAR A STREAM (THIS INCLUDES SMALL UNNAMED STREAMS), LAKE, WETLAND OR FLOODWAY. CAUTION: Contact with the United States Army Corps of Engineers is strongly advised before commencement of any work in or near a Waters of the United States. This could save considerable time and expense. Persons responsible for willful and direct violation of Section 10 of the River and Harbors Appropriation Act of 1899 or Section 404 of the Clean Water Act are subject to fines ranging up to $16,000 per day of violation, with a maximum cap of $187,500 in any single enforcement action, as well as criminal enforcement. NRI 2401 January 2024 37 GLOSSARY AGRICULTURAL PROTECTION AREAS (AG AREAS) - Allowed by P.A. 81-1173. An AG AREA consists of a minimum of 350 acres of farmland, as contiguous and compact as possible. Petitioned by landowners, AG AREAS protect for a period of ten years initially, then reviewed every eight years thereafter. AG AREA establishment exempts landowners from local nuisance ordinances directed at farming operations, and designated land cannot receive special tax assessments on public improvements that do not benefit the land, e.g. water and sewer lines. AGRICULTURE - The growing, harvesting and storing of crops including legumes, hay, grain, fruit and truck or vegetable including dairying, poultry, swine, sheep, beef cattle, pony and horse production, fur farms, and fish and wildlife farms; farm buildings used for growing, harvesting and preparing crop products for market, or for use on the farm; roadside stands, farm buildings for storing and protecting farm machinery and equipment from the elements, for housing livestock or poultry and for preparing livestock or poultry products for market; farm dwellings occupied by farm owners, operators, tenants or seasonal or year around hired farm workers. BEDROCK - Indicates depth at which bedrock occurs. Also lists hardness as rippable or hard. FLOODING - Indicates frequency, duration, and period during year when floods are likely to occur. HIGH WATER TABLE - A seasonal high water table is a zone of saturation at the highest average depth during the wettest part of the year. May be apparent, perched, or artesian kinds of water tables. • Water table, Apparent: A thick zone of free water in the soil. An apparent water table is indicated by the level at which water stands in an uncased borehole after adequate time is allowed for adjustment in the surrounding soil. • Water table, Artesian: A water table under hydrostatic head, generally beneath an impermeable layer. When this layer is penetrated, the water level rises in an uncased borehole. • Water table, Perched: A water table standing above an unsaturated zone. In places an upper, or perched, water table is separated from a lower one by a dry zone. DELINEATION - For Wetlands: A series of pink or orange flags placed on the ground by a certified professional that outlines the wetland boundary on a parcel. DETERMINATION - A polygon drawn on a map using map information that gives an outline of a wetland. HYDRIC SOIL - This type of soil is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part (USDA Natural Resources Conservation Service 1987). INTENSIVE SOIL MAPPING - Mapping done on a smaller more intensive scale than a modern soil survey to determine soil properties of a specific site, e.g. mapping for septic suitability. NRI 2401 January 2024 38 LAND EVALUATION AND SITE ASSESSMENT (L.E.S.A.) - LESA is a systematic approach for evaluating a parcel of land and to determine a numerical value for the parcel for farmland preservation purposes. MODERN SOIL SURVEY - A soil survey is a field investigation of the soils of a specific area, supported by information from other sources. The kinds of soil in the survey area are identified and their extent shown on a map, and an accompanying report describes, defines, classifies, and interprets the soils. Interpretations predict the behavior of the soils under different used and the soils' response to management. Predictions are made for areas of soil at specific places. Soils information collected in a soil survey is useful in developing land-use plans and alternatives involving soil management systems and in evaluating and predicting the effects of land use. PERMEABILITY - Values listed estimate the range (in rate and time) it takes for downward movement of water in the major soil layers when saturated but allowed to drain freely. The estimates are based on soil texture, soil structure, available data on permeability and infiltration tests, and observation of water movement through soils or other geologic materials. PIQ - Parcel in question POTENTIAL FROST ACTION - Damage that may occur to structures and roads due to ice lens formation causing upward and lateral soil movement. Based primarily on soil texture and wetness. PRIME FARMLAND - Prime farmland soils are lands that are best suited to food, feed, forage, fiber and oilseed crops. It may be cropland, pasture, woodland, or other land, but it is not urban and built up land or water areas. It either is used for food or fiber or is available for those uses. The soil qualities, growing season, and moisture supply are those needed for a well-managed soil economically to produce a sustained high yield of crops. Prime farmland produces in highest yields with minimum inputs of energy and economic resources and farming the land results in the least damage to the environment. Prime farmland has an adequate and dependable supply of moisture from precipitation or irrigation. The temperature and growing season are favorable. The level of acidity or alkalinity is acceptable. Prime farmland has few or no rocks and is permeable to water and air. It is not excessively erodible or saturated with water for long periods and is not frequently flooded during the growing season. The slope ranges mainly from 0 to 5 percent (USDA Natural Resources Conservation Service). SEASONAL - When used in reference to wetlands indicates that the area is flooded only during a portion of the year. SHRINK-SWELL POTENTIAL - Indicates volume changes to be expected for the specific soil material with changes in moisture content. SOIL MAPPING UNIT - A map unit is a collection of soil areas of miscellaneous areas delineated in mapping. A map unit is generally an aggregate of the delineations of many different bodies of a kind of soil or miscellaneous area but may consist of only one delineated body. Taxonomic class names and accompanying phase terms are used to name soil map units. They are described in terms of ranges of soil properties within the limits defined for taxa and in terms of ranges of taxadjuncts and inclusions. NRI 2401 January 2024 39 SOIL SERIES - A group of soils, formed from a particular type of parent material, having horizons that, except for texture of the A or surface horizon, are similar in all profile characteristics and in arrangement in the soil profile. Among these characteristics are color, texture, structure, reaction, consistence, and mineralogical and chemical composition. SUBSIDENCE - Applies mainly to organic soils after drainage. Soil material subsides due to shrinkage and oxidation. TOPSOIL - That portion of the soil profile where higher concentrations of organic material, fertility, bacterial activity and plant growth take place. Depths of topsoil vary between soil types. WATERSHED - An area of land that drains to an associated water resource such as a wetland, river or lake. Depending on the size and topography, watersheds can contain numerous tributaries, such as streams and ditches, and ponding areas such as detention structures, natural ponds and wetlands. WETLAND - An area that has a predominance of hydric soils and that is inundated or saturated by surface or groundwater at a frequency and duration sufficient enough to support, and under normal circumstances does support, a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions. NRI 2401 January 2024 40 REFERENCES Association of Illinois Soil & Water Conservation Districts. 2020. Illinois Urban Manual. Berg, R. C., and J. P. Kempton. 1984. Potential for contamination of shallow aquifers from land burial of municipal wastes: Champaign, Illinois, Illinois State Geological Survey map, scale 1:500,000. Clean Water Act of 1972, Sections 309 and 404. Federal Emergency Management Agency. National Flood Hazard Layer (NFHL) Viewer. https://hazards- fema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b5529aa 9cd. Accessed January 2024. Illinois State Geological Survey, Department of Natural Resources. 2021. Geologic Road Map of Illinois. Kendall County Department of Planning Building and Zoning and Kendall County Soil and Water Conservation District In cooperation with NRCS, USDA. Land Evaluation and Site Assessment System. Kendall County. 2023. Land Resource Management Plan Map. Natural Resources Conservation Service, United States Department of Agriculture. General Manual, Title 310, Land Use. Natural Resources Conservation Service, United States Department of Agriculture. 2007. Hydric Soils of the United States. Natural Resources Conservation Service, United States Department of Agriculture. Hydrologic Unit Map for Kendall County. Natural Resources Conservation Service, United States Department of Agriculture. 1987. Soil Erosion by Water. Agriculture Information Bulletin 513. Natural Resources Conservation Service, United States Department of Agriculture. 2008. Soil Survey of Kendall County. Natural Resources Conservation Service, United States Department of Agriculture. Web Soil Survey. http://websoilsurvey.sc.egov.usda.gov/. Accessed January 2024. Rivers and Harbors Appropriation Act of 1899, Section 10. Rockford Map Publishers, Inc. 2021. Land Atlas and Plat Book, Kendall County, Illinois, 21st Edition. United City of Yorkville. 2016. United City of Yorkville Comprehensive Plan Update. United States Fish & Wildlife Service. 2018. National Wetlands Inventory. https://data.nal.usda.gov/dataset/national-wetlands-inventory. Accessed January 2024. Nature Conservancy (U.S.) Great Lakes Program. 1994. The Conservation of Biological Diversity in the Great Lakes Ecosystem: Issues and Opportunities. The Program, 1994. PLAN COUNCIL AGENDA Thursday, February 8, 2023 9:00 a.m. City Hall Community Development 2nd Floor - Conference Room Remote Access via Zoom 1. Minutes for approval: November 9, 2023 2. PZC 2024-05 Corneils Solar Farm/Nexamp (Bennett) – Annexation, Rezone, and Special Use Adjournment United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 DRAFT Page 1 of 3 UNITED CITY OF YORKVILLE PLAN COUNCIL Community Development City Hall Conference Room, 2nd floor 651 Prairie Pointe Drive, Yorkville, IL Thursday, November 9, 2023 9:00am IN ATTENDANCE: Krysti Barksdale Noble, Community Development Director Bart Olson, City Administrator Michael Keith, Atwell, LLC Dan Nagel, property owner Matt Walsh, Nexamp Dan Kramer, Attorney Ms. Noble called the meeting to order at 9:01am. She said the Engineer and Public Works Director were unable to be present, however, she did have comments from them. 1. Minutes for approval: October 12, 2023 The minutes were approved as presented. 2. PZC 2024-01 Yorkville Renewables/Nexamp-Solar Farm Ms. Noble said the purpose of the meeting was to review comments from staff members regarding this solar project proposal. Introductions of meeting participants were made. Mr. Walsh gave a PowerPoint presentation and an overview of the proposal. He discussed the equipment necessary for the site and their function. A camera system will be utilized and will feed to a monitoring center. The landscaping will include pollinator plants and they are also open to fencing. Com Ed will install power poles to ensure not too much power is sent through the system. He said the site is part of the original Westbury PUD which is currently being dismantled. Mr. Nagel's property was determined to be the most favorable for this proposed project and the current recycling center is nearby. An existing easement intended for future roads will be used for access and approval from Kendall County has already been given for Galena Road access. Mr. Walsh discussed some of the setback distances and said the project had generous buffers for the site. Attorney Kramer noted another proposed solar project farther north and that Aldermen had expressed they did not want solar fields visible at city entrances. He said his client has been mindful of these wishes. Staff Comments: Ms. Noble gave an overview and shared staff comments. The facility is a 5 megawatt and permitted in an agriculture district for which the petitioner is seeking rezoning. It is part of a PUD now, which the city is dismantling and this parcel would be excluded from the PUD. A variance might be needed concerning the clearance from the ground. A Unified Development Ordinance is in the process of being passed and if approved by January 1, a variance will not be needed. She also addressed the setbacks. She asked the petitioner if the setback is the distance to the solar field or to the array. Mr. Page 2 of 3 Walsh will re-measure and provide the information. The distance to neighboring properties was also unclear. Other Staff Items Discussed: 1. Total number of arrays will need to be verified and Ms. Noble noted the $7.00 per array cost for the building permit. 2. Discussed the inverters, transformers and tracking motors. Some systems require a motor for each row of arrays, while others need one motor per several rows, said Mr. Walsh. An estimate of the number will be needed. He noted that the motors only run a few seconds when turning the arrays. 3. Ms. Noble said the lease length is needed and if there is an option to extend. 4. Glare and lighting studies were provided and a rendering of view sheds is needed. 5. An 8-foot tall galvanized fence with slats is required to obscure the view. 6. BKFD needs a Knox box and key. 7. The driveway will not be paved, but staff needs to know the composition of the road. 8. Regarding decommissioning plan, engineer needs a construction estimate for the the life of the lease and a 3% annual inflation rate is needed as part of the special lease application. A total cost for this process is needed. 9. Solar is an accessory use and the proposed 23 acres is only 31% of the overall area, meeting the requirements of being an accessory to the ag use criteria. 10. A small sign with contact information is preferred and Mr. Walsh added that it will provide shutdown information as well. 11. The city requires a blanket easement as part of the decommissioning plan. Ms. Noble said staff will work with the petitioner's attorney for a special license agreement so as not to encumber the title. Comments from Mr. Michael Keith: Mr. Michael Keith asked about requirement for stormwater detention and said there is a study that shows there is generally no detention needed in solar fields. There is no increase in water runoff with no surface change and in addition, the pollinator mix pulls water into the soil. He said the site is not being cleared and the gravel road also allows for water absorption. A stormwater storage basin will be discussed with the Engineer. Mr. Keith also addressed the flood plain. He said the FEMA maps do not show a flood plain on this site. Mr. Walsh said they are adding steel piles, but it has minimal impact on flooding. He asked for direction on what the engineer wishes. The petitioner is OK with the delineation report that has already been done. Mr. Walsh added there is a wetland near the roadway but is isolated and does not impact the Rob Roy creek. It was created when the sewer was put in and probably not regulated by the Army Corps. Page 3 of 3 Perimeter Easement: Mr. Walsh said the perimeter easement is OK for future improvements. He said there was a road dedication previously done along Galena Rd. & Rt. 47 for the property owner, but not for this project. Ms. Noble will discuss with Engineer Sanderson. Decommission Bond: This requires a 3% annual increase with the 120% estimate. The lease is for 20 years with options and the bond will need to be updated if the lease extends beyond 20 years. Photometric Plan: There will be no lighting on the site. Landscaping Comments: Native pollinators will be used and Ms. Noble will work with the petitioner for an approved plan. Shrubs and trees will be around the solar field, said Mr. Walsh, but there is not enough area to comply with the levels suggested and the buffering is the most important part for a solar field. Shrubs or trees are not needed along the access path. Ms. Noble said a preliminary plan for the pollinator mix would be helpful for the Planning and Zoning Commission meeting and she added that some projects have an agreement with the state for that plan. Some plants may be changed depending on site conditions. Mr. Walsh said a soil analysis will be done to see what plants are appropriate. Police Department: The petitioners said in general, there is low criminal activity on their sites and signage at the entrance is not an issue. The gate at the entrance is just into the solar farm, but there is free access on the sides of the gate. A breakable chain for the Fire Department could be installed. There will be an easement through the middle of the property, which is non-exclusive so only the owner needs to give consent. Other Comments: Mr. Walsh asked for any other input and Ms. Noble said to make sure the decommissioning estimate is relative to the area. Mr. Kramer said the drainage issue is non-existent. Ms. Noble said EDC has not narrowed the distance requirements from the road. The existing right-of-way of the road is there and approved already, said Mr. Nagel. Mr. Nagel asked if the ComEd line is underground from the solar farm to the Com Ed infrastructure nearby. He asked if it could be re-positioned, which it can be and a new pole is proposed for there. Comments from Mr. Bart Olson: Mr. Olson said the City Council does not want anything within 1,000 feet from the commercial corridor. He said to definitely focus on limiting the view shed from Raging Waves into the solar farm. Mr. Olson asked if any roadway improvements will be made or if just interior to the site—it will only be to the interior. The petitioners should make sure there is public benefit, improvements or donations, which is a concern of the Aldermen and should be a component of the proposal to the Council. Ms. Noble said a map will be provided at the next meeting to show the bufferings at various distances. She will also give the questions to the Engineer and will follow up via email to the meeting participants. When the Westbury PUD is resolved, meetings can then be scheduled. Adjournment There was no further business and the meeting adjourned at 9:57am. Minutes respectfully transcribed by Marlys Young, Minute Taker I have reviewed the applications for Annexation, Rezoning and Special Use request dated January 17, 2024 as submitted by Daniel Kramer on behalf of Nexamp dba Corneils Road Solar, LLC, petitioner. The following supplemental materials were included with the applications: 1) Application for Annexation, as prepared by 126612 Corneils Road Solar, LLC 2) Application for Rezoning, as prepared by 126612 Corneils Road Solar, LLC 3) Application for Special Use, as prepared by 126612 Corneils Road Solar, LLC 4) List of Property Owners within 500 feet of subject parcel 5) Cover Letter of Project Narrative/System Design Summary dated December 3, 2023, as prepared by Nexamp 6) Decommissioning Plan Narrative, as prepared by Nexamp 7) ALTA Survey/NSPS Land Title Survey dated 11/23/2022, as prepared by Atwell Group 8) Legal Description dated December 6, 2023, as prepared by Atwell Group 9) Special Use Application Plans dated last revised 12/10/23, as prepared by Atwell Group and submitted by Nexamp 10) Property Aerial dated 12/06/23, as prepared by Nexamp 11) Standard Agreement for Interconnection with ComEd, as submitted by Nexamp 12) Electrical Diagram dated 07/03/2023, as submitted by Nexamp 13) Manufactures Cut Sheets, as submitted by Nexamp 14) Glare Study dated December 14, 2023 prepared by Forge Solar 15) Vegetation Management Plan for Solar Sites Utilizing Native Vegetation, as prepared by Natural Resource Services 16) Letter from Illinois Department of Agriculture dated December 5, 2023 The petitioner is seeking to construct a 4.99-megawatt (MW) alternating current (AC) freestanding commercial solar collector system. The proposed 40-acre solar farm will be situated on approximately 94 acres of existing farmland located in unincorporated Kendall County immediately north of Corneils Road, east of Beecher Road and west of IL Route 47 (N. Bridge Street). The property also consists of an existing farm homestead with accessory buildings. Upon annexation, the petitioner seeks to rezone the parcel from the default R-1 Single-Family to A-1 Agricultural District zoning and requests special use authorization for a solar farm. Based upon my review of the application documents and preliminary plans, I have compiled the following comments (requests to the petitioner are underlined): ANNEXATION COMMENTS: 1. Contiguity of the subject parcel and Yorkville’s current corporate boundary is established immediately south of Corneils Road (Westbury South Village) and abutting to the east is the Westbury East Village. Both are undeveloped but entitled mixed-use planned unit developments. 2. Per Section 10-3-4 of the Yorkville Unified Development Ordinance (UDO), any territory annexed to the city shall automatically be classified within the R-1 Single-Family Suburban Residential District. Memorandum To: Plan Council From: Krysti J. Barksdale-Noble, Community Development Director CC: Sara Mendez, Planner I Date: January 24, 2024 Subject: PZC 2024-05 Corneils Road Solar, LLC/Nexamp, Inc. (Bennett) 3. Any approval of the requested rezoning and special use for the solar farm is contingent upon the approval of the annexation petition. REZONING COMMENTS: 1. Per Table 10-3-12(B) Alternative Energy Uses of the United City of Yorkville’s Unified Development Ordinance, solar farms are special uses in the A-1 Agricultural District. 2. Section 10-8-12 of the Unified Development Ordinance states specific standards for rezoning which all recommendation bodies will review. The petitioner has provided responses to the established standards for each of the criteria provided in the application. SPECIAL USE COMMENTS: Zoning The subject property consists of three (3) parcels (#02-08-300-008, 02-08-300-011, and 02-08-300-012) which are currently unincorporated and zoned A-1 Special Use in Kendall County. The following are the current immediate surrounding zoning and land uses: Zoning Land Use North A-1 SU/ M-3 SU (Unincorporated Kendall County) Agriculture/ Trans/Communication/Utility South Corneils Road R-4 (Westbury South Village PUD) Transportation/Agriculture East R-2, R-4, B-3 (Westbury East Village) Rob Roy Creek Agriculture/Undeveloped Residential/Tributary West A-1 (Unincorporated Kendall County) Residential/Agriculture • The proposed commercial solar farm will consist of approximately 11,592 modules installed over 40-acres of the existing farmland and enclosed within a fenced area, per the project narrative. However, the Site Layout Plan (Sheet C-200 B) prepared by Nexamp, date last revised December 10, 2023 states the area to be fenced is approximately 31.09-acres. Petitioner must verify the accurate area proposed for the solar farm use. • The system will include two (2) central inverters and 1-2 transformers, per the Decommissioning Plan. Additionally, the inverters and transformers will be located within the fence and mounted on a concrete pad. Please verify and the total number of proposed tracker motors. • The proposal also includes a Battery Energy Storage system. o Per Table 10-3-12(B) Permitted and Special Uses in the Unified Development Ordinance, battery energy storage systems as primary uses are only permitted in the manufacturing districts. This seems like an accessory use, but staff requests more information on the system. • The petitioner must provide the total amount of time proposed for the lease of the property to operate the proposed community solar farm. This includes any options to extend the lease term. Location on Site Section 10-4-13 Alternative Energy Use Standards in the City’s Unified Development Ordinance provides setbacks specific for solar farm uses in the A-1 Agricultural District. The following compares the yard setbacks required, excluding fences, for ground-mounted solar farm uses: Minimum Setback for Equipment to Property Line Proposed Setback Front (South) 100 feet ~1,698.6 feet Rear (North) 50 feet from nonresidential/100 feet from residential ~ 36 feet Side (East) 50 feet from nonresidential/100 feet from residential ~ 59 feet Side (West) 50 feet from nonresidential/100 feet from residential ~37 feet • The location of the solar panels meets the minimum front (south) yard setback for ground-mounted solar farm uses in the A-1 District. However, the solar panels appear to encroach into the required rear and interior side yards to the north, east, and west. o The minimum distances required for the rear and west is 50 feet, excluding the fence, and the east minimum setback is 100 feet, excluding the fence. o The Site Plan should be revised to reflect the accurate distances from the property lines to the proposed solar panels and/or fence line. • The Site Plan should also indicate the distance of the proposed nearest solar module to the nearest residential structure to the northwest along E. Beecher Road and to N. Bridge Street to the east. o It is noted within the project narrative there is a reference to the proposed solar system being over 1,000 feet from the nearest residential structure (from nearest existing residential structure to nearest proposed module. • Per Section10-4-13B.3 of the Unified Development Ordinance, a certified professional engineer shall certify that the foundation and design on the solar panels are within accepted professional standards, given local soil and climate conditions Height The maximum height for solar systems, equipment, and structures shall not exceed thirty feet (30’) in height when ground mounted, per Section 10-4-13B.6 in the Unified Development Ordinance. • The petitioner’s exhibit (Sheet C-500 B Standard Details) appears to indicate a maximum solar array height as approx. 20 feet at maximum tilt. • The petitioner’s exhibit (Sheet C-06 A Standard Details) appears to indicate a minimum solar array clearance as 3 feet. Glare/Lighting Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways. • The petitioner has submitted a glare study and analysis which concludes that there was no potential for glint or glare identified by the analysis. • It is also noted the solar modules will be treated with anti-reflective coating to minimize glare. • Staff requests the petitioner provides a viewshed from angles around the solar farm which illustrate how far away the panels will be from the public rights-of-way (Corneils Road), as well as from the residential land uses to the northwest. Noise The transformer is the greatest source of noise on the property. • It is noted the transformer will be centrally located within the fenced area on either side of the 100’ water course buffer. • Please verify the distance of the transformer to the nearest residences located to the northwest on E. Beecher Road. Fencing The petitioner has proposed an eight (8) foot tall, fixed knot farm fence to surround the perimeter of the solar farm with a 20-foot-wide double swinging vehicle access gate. As stated in Section 10-4-13B.9 of the Unified Development Ordinance, states that systems, equipment, and structures in solar farms shall be fully enclosed and secured by fence or wall with a height of eight (8) feet in height. • Staff recommends an 8’ tall, galvanized chain link fence with slats. • A Knox box and keys shall be provided to the City’s building department and Bristol Kendall Fire District (BKFD). Access Road The proposed site access is via Corneils Road through an existing gravel driveway. The plan proposes to connect a new 15’ wide gravel access drive into the fenced area with the solar system. • The path provides access to the equipment, however, no formal parking stalls are provided, as no buildings, employees are planned on the site except for the occasional mowing or maintenance visits. • Per Section 10-4-13B.5 of the Unified Development Ordinance, off street parking provided on-site shall be on a paved and gravel roads are not permitted. o Petitioner has provided details regarding the proposed material for the access road. o Staff defers to the City Public Works Director and City Engineer for comment on the road composition. Decommissioning Estimate/Plan The petitioner has provided a decommission plan. • In addition to the decommissioning plan narrative, a construction estimate for the life of the lease must be provided with a 3% annual inflation rate which must be reviewed and approved by the City Engineer. o It is noted the Petitioner stated that an Engineers Estiamte Maximum Lot Coverage Section 10-4-13B.2 of the Unified Development Ordinance states a solar farm use may occupy up to eighty- percent (80%) of a given parcel in this district. • As proposed, the solar farm will occupy approximately 42.5% (40-acres) of the overall existing 94 acres of existing farmland. • Is the petitioner proposing to consolidate all or some of the three (3) existing parcels? If so, which parcels and what is the total area occupied by the proposed solar use. If not, the petitioner must provide, on a parcel basis, the total area occupied by the proposed solar use. Signage Per Section 10-4-13B.9.a.(1) and (2) of the Yorkville Unified Development Ordinance, warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm. • Additionally, signs shall be less than four (4) square feet and made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall also be displayed. • The petitioner has provided signage information. The emergency contact sign (8.5” x 11”) appears to be compliant with this regulation. Landscaping Defer to Engineering Comments related to landscaping. • It is noted that the petitioner will provide IDOT class 7 seed mix outside fenced areas and site- specific pollinator friendly seed mix within the fenced areas beneath the solar panels. Utilities Per Section 1-4-13B.4 of the Unified Development Ordinance, power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground. • The proposed community solar farm will not require public utilities such as water or sanitary sewer. The routing of the electrical infrastructure required to connect to the ComEd system includes electrical cables installed underground for the entire project with the exception of a series of overhead poles (approx. 4) for a wire connection near Corneils Road. Utility Service Provider The petitioner has provided evidence that the electric utility service has been notified of the owner’s intent to install an interconnected customer owned electricity generator. • A copy of an Interconnection Agreement, as prepared by ComEd dated 03/2/2023. Special Use Standards The petitioner has provided answers to each of the criteria in the application as well as providing an additional attachment to these standards. Easement Requirements An easement for City access to the solar field will be required in the event the project is abandoned and requires decommissioning by the City. Economic Development Committee Comments The City’s Economic Development Committee has provided guidance at their January 2, 2024 meeting to staff regarding the acceptable locations of solar fam developments within Yorkville which are as follows: • 1,000-foot buffer from • 1,000-foot buffer from Fox River • Maximum of five (5) solar farms citywide o These recommendations have not been approved, as an amendment to the Yorkville Unified Development Ordinance will be required. Staff is anticipating formal review of the proposed amendment will occur in March 2024. United City of Yorkville Chapter 4. Use Standards Unified Development Ordinance Update Page 10 of 47 DRAFT FOR REVIEW Alternative Energy Use Standards A.General Requirements for all Alternative Energy Uses. 1.Applicability. The provisions of this Section are to establish zoning parameters by which solar and wind energy systems may be installed in the City. Additional renewable energy solutions not mentioned herein may be authorized subject to compliance with the applicable codes and standards of the City. 2.Use. Alternative energy systems shall be an accessory to the principal permitted use of a site. 3.Abandoned Systems. All alternative energy systems inactive or inoperable for twelve (12) continuous months shall be deemed abandoned. If the system is deemed abandoned, the owner is required to repair or remove the system from the property at the owner's expense within ninety (90) days after notice from the City. If the owner does not comply with said notice, the Building Code Official shall enforce this as a violation of the Yorkville Zoning Ordinance. 4.Signage. No attention getting device is permitted on any alternative energy system. One (1) sign shall be permitted to indicate the emergency contact information of the property owner or operator. Said sign shall not exceed two (2) square feet in size. Graphics, colors, corporate logos, and text on wind energy systems located within business or manufacturing zoned properties are permitted, subject to the discretion of the City Council. 5.Safety. All wind energy systems shall be equipped with manual and/or automatic controls and mechanical brakes to limit rotation of blades to prevent uncontrolled rotation. 6.Lighting. Alternative energy systems shall not be illuminated, except as required by the FAA or those used in commercial applications such as streetlights. 7.Shadow Flicker. No habitable portion of an existing adjacent structure shall be subject to shadow flicker from a wind turbine. Shadow flicker onto an adjacent roof and/or exterior wall which does not contain any windows, doors, and like openings shall be acceptable. If shadow flicker occurs, the operation of the wind turbine shall cease during those times which cause the shadow flicker. 8.Screening. There shall be no required mechanical screening for alternative energy systems. 9.Design. Wind energy systems and associated tower shall be a nonreflective color. The City Council may impose such conditions as are necessary to eliminate, if at all possible, any adverse effects such system may have on surrounding properties. 10.Compliance. Wind energy systems shall meet or exceed current standards of the international building code and Federal Aviation Administration (FAA) requirements, any other agency of the state or federal government with the authority to regulate wind energy systems, and all City codes. 11.Building Code/Safety Standards. Any owner or operator of an alternative energy system shall maintain said system in compliance with the standards contained in the current and applicable state or local building codes and any applicable standards for said energy systems that are published by the International Building Code, as amended from time to time. If, upon inspection, the United City of Yorkville concludes that an alternative energy system fails to comply with such codes and standards and constitutes a danger to persons or property, the City Code Official shall require immediate removal of the system at the owner's expense. Page 135 of 317 United City of Yorkville Chapter 4. Use Standards Unified Development Ordinance Update Page 11 of 47 DRAFT FOR REVIEW B. Solar Farm. 1. No solar farm shall be erected on any lot less than three (3) acres in size. 2. A solar farm use may occupy up to eight-five (85) percent of a given parcel in the M-1 or M-2 District or up to eighty (80) percent of a given parcel in any other District. 3. A certified professional engineer shall certify that the foundation and design on the solar panels are within accepted professional standards, given local soil and climate conditions. 4. Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground. 5. Off-street parking provided on site shall be paved. Gravel or other unpaved materials shall be prohibited. 6. Systems, equipment, and structures shall not exceed thirty feet (30) in height when ground mounted. 7. Groundcover as specified in Section 10-5-3(A)(7) shall be provided beneath all solar panels. 8. Ground mounted solar energy collection systems as part of a solar farm shall have a minimum setback for all equipment, excluding fences, of: a. Front and Corner Yards: one hundred (100) feet, b. Side and Rear Yards: fifty (50) feet from nonresidential property lines and one hundred (100) feet from residential property lines. 9. Systems equipment and structures shall be fully enclosed and secured by a fence or wall with a height of eight (8) feet. Knox boxes and keys shall be provided at locked entrances for emergency personnel access. a. Warnings. (1) Warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm in locations determined necessary by the Zoning Officer. (2) The signs shall be less than four (4) square feet and made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall also be displayed. 10. Outdoor Storage. Only the outdoor storage of materials, vehicles, and equipment that directly support the operation and maintenance of the wind farm shall be allowed except for outdoor storage that is expressly allowed in the zoning district specified elsewhere in this title. 11. Materials Handling, Storage, and Disposal. a. All solid wastes related to the construction, operation, and maintenance of the solar farm shall be removed from the site promptly and disposed of in accordance with all federal, state, and local laws. b. A list of hazardous fluids that may be used on site shall be provided. All hazardous materials related to the construction, operation, and maintenance of the solar farm shall be handled, stored, transported, and disposed of in accordance with all applicable local, state, and federal laws. Page 136 of 317 United City of Yorkville Chapter 4. Use Standards Unified Development Ordinance Update Page 12 of 47 DRAFT FOR REVIEW 12. Decommissioning Plan. Prior to receiving approval, the applicant shall submit a decommissioning plan to ensure that the solar farm project is properly decommissioned, which shall include: a. Provisions describing the triggering events for decommissioning the solar farm project. Any nonfunctioning solar panel/array of the project shall be decommissioned within thirty (30) days unless the operator has shown to the Zoning Administrator that it is diligently repairing such solar panel/array or component. b. Procedures for the removal of structures, debris, and cabling, including those below the soil surface, c. Provisions for the restoration of the natural soil and vegetation, d. An estimate of the decommissioning costs certified by a professional engineer, to be updated every three (3) years or as determined necessary by the Zoning Administrator. The Zoning Administrator may request an independent third-party verification of the decommissioning costs at any time. The costs for this verification shall be reimbursed by the applicant and/or operator. e. Financial assurance, secured by the owner or operator, for the purpose of performing the decommissioning, in an amount equal to one-hundred and twenty (120) percent of the professional engineer's certified estimate of the decommissioning cost. f. A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of his successors, assigns, or heirs. Figure 4.4. Solar Farm Standards Page 137 of 317 Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Date: January 5, 2024 To: Krysti Barksdale-Noble (Community Development Director) From: James Jensen (Chief of Police) Reference: Plan Review – Special Use Application Project Name: Corneils Road Solar, LLC Nexamp Applicant Name: Gary & Betty Bennett Petitioner Name: Matt Kwiatkowski (Nexamp, LLC) Project Number: N/A Project Location: 10791 Corneils Road, Yorkville, IL (Parcel # 02-08-300-008) The comments listed below are referenced to the above project: Signage Handicapped Signage Required: ____ Yes __X__ No Comments: N/A **Signage must meet MUTCD Standards **Fine amount must be listed on sign Speed Limit Signage Required/Recommended ____ Yes __X__ No School Zone Special Signage ____ Yes __X__ No Special Speed Zone Signage Requested ____ Yes __X__ No No Parking Signage Recommended? ____ Yes __X__ No ____ No Parking After 2” Snow Fall No Parking Locations: • N/A Dedicated Parking signage needed? ____ Yes __X__ No ____ Located by Park ____ School ____ Common Parking Area Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Are there Street Name Conflicts? ____ Yes __X__ No Comments: N/A Pedestrian/Bike Path Crossing Signage? ____ Yes __X__ No Warning Ahead Signs are Required NO Construction Traffic Signage being requested? __X__ Yes _____ No Comment(s): Construction traffic on Corneils Road should be limited to one specific entry and exit point on Corneils Road. ***We request that all signage is posted prior to the first occupancy permit being issued for each POD or phase.*** ***All traffic control signage must conform to MUTCH Standards specific to location, size, color, and height levels*** Roadway Street Width: _____________ Should parking be allowed on BOTH sides of road? ____ Yes ____ No Should parking be restricted to fire hydrant side? ____ Yes ____ No Center Roadway Medians: ____ Yes ____ No Limit Parking on Median? ____ Yes ____ No Signage Needed? ____ Yes ____ No Room for Emergency Veh. w/ one lane Obstructed? ____ Yes ____ No Do you have intersection Concerns? __X__ Yes ____ No Concerns as listed below: • Location of the driveway(s) into project site • Driveway(s) clearly marked with signage in both directions Landscape Low Growth or Ground Cover Landscaping? ____ Yes ____ No Low Growth or Ground Cover Landscaping by windows? ____ Yes ____ No Low Growth or Ground Cover Landscaping by Entrances ____ Yes ____ No Comments: N/A Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Ingress / Egress Entrance/Exits match up with adjacent driveways? ____ Yes __X__ No Total Entrance/Exits for development? __1__ Are vehicle entrance/exits safe? __X__ Yes ____ No Are warning signs for cross traffic requested? __X__ Yes ____ No Raised Median & Signage for Right in & Right Out? ____ Yes __X__ No Concerns: __________________________________________________________ Emergency Contact for after hours during construction: Information needed Is this a gated or controlled access development? _____W Yes ____ No If yes, will Police & Fire have Access? __X__ Yes ____ No Comments: Will police have access in case of emergency? Miscellaneous Individual Mailboxes? ____ Yes __X__ No Cluster Mailbox Kiosks? ____ Yes __X__ No Will this cause traffic choke points? ____ Yes __X__ No Are sidewalks being planned for the development? ____ Yes __X__ No Are sidewalk crosswalks needed? ____ Yes __X__ No Are there bike paths planned for this project? ____ Yes __X__ No Proper Signage needed for bike paths ____ Yes ____ No ____ Stop Signs ____ Yield Signs ____ NO Motorized Vehicles ____ Trespassing ____ Other _______________________________________ Are there HOA Controlled Roadway OR Parking Areas? ____ Yes ____ No Ample Parking on Site? ____ Yes ____ No Are there other City Ordinance Concerns? ____ Yes ____ No Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 ____ Noise Ordinance ____ Parking Ordinances ____ Alarm Ordinance Security Will security cameras be in use? ____ Yes ____ No Comments: Will there be security cameras used on site? Will the business/management provide the police department remote access to the camera system (User credentials only)? ____ Yes ____ No Comments: If you will have camera access on site would the police department have remote access into the system for emergency purposes only? What are the business Hours of Operation? N/A Will the property be alarmed? ____ Yes ____ No Comments: Will the gate be alarmed? Will you provide Floor Plans/Maps to the police department ____ Yes ____ No Comments: N/A I hope you find this information helpful, and we look forward to reviewing the revisions. If you should have any questions, comments, or concerns please do not hesitate to contact me. Order ID:7602185 Page 1 of 4 3/15/2024 9:56:45 AMPrinted: GROSS PRICE * :$919.77 * Agency Commission not included IL Govt Legal Aurora BeaconPACKAGE NAME: Product(s): SubTrib_Aurora Beacon News, Publicnotices.com AdSize(s):2 Column Run Date(s):Friday, March 22, 2024 Zone:Full Run Color Spec.B/W Preview Order ID:7602185 Page 2 of 4 3/15/2024 9:56:45 AMPrinted: GROSS PRICE * :$919.77 * Agency Commission not included IL Govt Legal Aurora BeaconPACKAGE NAME: Order ID:7602185 Page 3 of 4 3/15/2024 9:56:45 AMPrinted: GROSS PRICE * :$919.77 * Agency Commission not included IL Govt Legal Aurora BeaconPACKAGE NAME: Order ID:7602185 Page 4 of 4 3/15/2024 9:56:45 AMPrinted: GROSS PRICE * :$919.77 * Agency Commission not included IL Govt Legal Aurora BeaconPACKAGE NAME: Sold To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Bill To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Certificate of Publication: Order Number: 7609795 Purchase Order: 7609795 Corneils Road Solar State of Illinois - Kane Chicago Tribune Media Group does hereby certify that it is the publisher of the The Beacon-News. The The Beacon-News is a secular newspaper, has been continuously published Daily for more than fifty (50) weeks prior to the first publication of the attached notice, is published in the City of Aurora, Township of Aurora, State of Illinois, is of general circulation throughout that county and surrounding area, and is a newspaper as defined by 715 IL CS 5/5. This is to certify that a notice, a true copy of which is attached, was published 1 time(s) in the The Beacon-News, namely one time per week or on 1 successive weeks. The first publication of the notice was made in the newspaper, dated and published on 3/29/2024, and the last publication of the notice was made in the newspaper dated and published on 3/29/2024. This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1. PUBLICATION DATES: Mar 29, 2024. ___________________________________________________________________________________ The Beacon-News In witness, an authorized agent of The Chicago Tribune Media Group has signed this certificate executed in Chicago, Illinois on this 30th Day of March, 2024, by Chicago Tribune Media Group Jeremy Gates Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014