Ordinance 2023-33 202400004206
DEBBIE GILLETTE
RECORDER- KENDALL COUNTY, IL
RECORDED: 04/19/2024 10:14 AM
RECORDING FEE 57.00
PAGES: 5
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
OR
DINANCE NO. 2023-33
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS, GRANTING A FREESTANDING SOLAR ENERGY SYSTEMS
CLEARANCE VARIANCE FOR THE PROPERTY GENERALLY LOCATED AT EAST
OF CANNONBALL TRAIL AND NORTH OF THE BURLINGTON NORTHERN
SANTA FE RAILROAD LINE
(Bristol Ridge105—Solar Farm)
Passed by the City Council of the
United City of Yorkville, Kendall County, Illinois
This 10th day of October, 2023
Prepared by and Return to:
United City of Yorkville
651 Prairie Pointe Drive
Yorkville, IL 60560
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville, Kendall
County, Illinois on October 13, 2023.
Ordinance No. 2023-33
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, GRANTING A FREESTANDING SOLAR ENERGY SYSTEMS
CLEARANCE VARIANCE FOR THE PROPERTY GENERALLY LOCATED AT EAST
OF CANNONBALL TRAIL AND NORTH OF THE BURLINGTON NORTHERN
SANTA FE RAILROAD LINE
(Bristol Ridge 105—Solar Farm)
WHEREAS, the United City of Yorkville, Kendall County, Illinois (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,pursuant to the Illinois Municipal Code(65 ILCS 5/11-13-5) the Mayor and City
Council of the City(the "Corporate Authorities")may provide for and allow variances to provide relief
when strict compliance with the requirements of the Yorkville Zoning Ordinance (the"Zoning
Ordinance")present a particular hardship; and,
WHEREAS, Turning Point Energy, LLC, (the"Applicants"), requested a variance to reduce the
minimum distance required between the lowest point of the system and the surface on which the system
is mounted from ten(10) feet to two (2) feet pursuant to Section 10-19-7(d) of the Zoning Ordinance;
and,
WHEREAS, A notice of a public hearing on said application was published and pursuant
to said notice the Planning and Zoning Commission of the City conducted a public hearing on
May 10, 2023, on said application in accordance with the State statutes and the ordinances of the
City; and,
WHEREAS, the Planning and Zoning Commission made the required written Findings
of Fact finding that the variation met the standards in Section 10-4-7C of the Zoning Ordinance
and provided a recommendation that the variance be granted; and,
WHEREAS,the Corporate Authorities of the City of Yorkville have received and
considered the recommendation of the Planning and Zoning Commission.
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the City
of Yorkville, Kendall County, Illinois, as follows:
Section 1. That this Ordinance shall apply to the Subject Property legally described as:
Ordinance No.2023-33
Page 2
THAT PART OF THE FOLLOWING DESCRIBED PARCEL LYING EASTERLY OF
THE CENTERLINE OF CANNONBALL TRAIL:
A PART OF THE NORTH HALF OF SECTION 15, TOWNSHIP 37 NORTH, RANGE
7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE EAST LINE OF THE PUBLIC HIGHWAY
LEADING NORTH FROM HUNTSVILLE, IN SAID DIRECTION AT A POINT
WHERE THE EASTERLY LINE OF SAID HIGHWAY INTERSECTS THE
SOUTHERLY LINE OF ELIZABETH RIDER'S LAND; THENCE EASTERLY,
ALONG THE SOUTHERLY LINE OF SAID ELIZABETH RIDER'S LAND 315
FEET, TO THE SOUTHEAST CORNER THEREOF, THENCE NORTH AT RIGHT
ANGLES WITH SAID FIRST LINE ALONG THE EAST LINE OF SAID RIDER
LAND, TO THE CENTER OF SAID BRISTOL ROAD; THENCE
NORTHEASTERLY, ALONG THE CENTER OF SAID HIGHWAY, TO THE
SOUTHERLY LINE OF LAND BELONGING TO HARRY C. ECCLES; THENCE
SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID ECCLES LAND,
TO A POINT IN SAID SOUTHERLY LINE 60 CHAINS FROM THE EAST LINE OF
SAID SECTION; THENCE EAST, ALONG THE SAID SOUTHERLY LINE OF SAID
HARRY C. ECCLES LAND TO THE 8TH SECTION LINE, AND BEING THE WEST
LINE OF N.C. RIDER'S LAND; THENCE SOUTH, ON SAID 8TH SECTION LINE
AND RIDER'S WEST LINE TO THE RIGHT OF WAY OF C.B. AND Q. RR CO.;
THENCE SOUTHWESTERLY, ALONG THE NORTHERLY LINE OF SAID RIGHT
OF WAY OF SAID RAILROAD CO. TO WHERE THE SAME IS INTERSECTED BY
THE NORTHERLY LINE OF JAMES KENNEDY'S LAND; THENCE WESTERLY
ALONG THE NORTH LINE OF SAID KENNEDY'S LAND, TO THE NORTHWEST
CORNER OF SAID JAMES KENNEDY'S LAND; THENCE NORTHERLY ALONG
THE HIGHWAY TO THE PLACE OF BEGINNING, INCLUDING THE EAST HALF
MILE OF HIGHWAY WESTERLY AND BORDERING SAID PREMISES;
EXCEPTING FROM THE ABOVE PREMISES TWO LOTS 4 BY 8 RODS EACH IN
THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED PREMISES,
HERETOFORE DEEDED TO JOSEPH KENNEDY AND JAMES KENNEDY,
SITUATED IN THE TOWN OF BRISTOL, KENDALL COUNTY, ILLINOIS.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED REAL ESTATE
HERETOFORE CONVEYED TO COMMONWEALTH EDISON COMPANY BE
DEED RECORDED AS DOCUMENT NO. 73-1974, TO THAT PART OF THE
NORTH HALF OF SECTION 15, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT
THE INTERSECTION OF THE EAST LINE OF THE WEST HALF OF THE
NORTHEAST QUARTER OF SAID SECTION 15 AND THE NORTHWESTERLY
RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN (FORMERLY
CHICAGO, BURLINGTON AND QUINCY) RAILROAD; THENCE SOUTH 74
DEGREES 19 MINUTES 17 SECONDS WEST ALONG THE NORTHERLY RIGHT
OF WAY LINE OF SAID RAILROAD, A DISTANCE OF 2910.45 FEET TO THE
SOUTHEAST CORNER OF "REEVES" LAND DESCRIBED IN DEED RECORDED
MARCH 13, 1952, AS DOCUMENT #101936; THENCE NORTH 3 DEGREES 10
Ordinance No.2023-33
Page 3
MINUTES 43 SECONDS WEST ALONG THE EASTERLY LINE OF SAID
"REEVES" LAND A DISTANCE OF 12.80 FEET TO THE NORTHEAST CORNER
THEREOF; THENCE NORTH 81 DEGREES 50 MINUTES 18 SECONDS WEST
ALONG THE NORTHERLY LINE "REEVES" LAND, A DISTANCE 340.18 FEET
TO THE INTERSECTION OF SAID LINE WITH A LINE DRAWN 150 FEET
NORTHWESTERLY OF, MEASURED AT RIGHT ANGLES TO, AND PARALLEL
WITH THE NORTHERLY TIGHT OF WAY OF SAID RAILROAD; THENCE
NORTH 74 DEGREES 19 MINUTES 17 SECONDS EAST ALONG SAID PARALLEL
LINE A DISTANCE OF 331.83 FEET; THENCE NORTH 15 DEGREES 40 MINUTES
43 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED LINE, A
DISTANCE OF 40 FEET; THENCE NORTH 74 DEGREES 19 MINUTES 17
SECONDS EAST ALONG A LINE OF SAID RAILROAD, A DISTANCE OF 2941.14
FEET TO THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST
QUARTER; THENCE SOUTH 0 DEGREES 13 MINUTES 40 SECONDS WEST
ALONG THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST
QUARTER, A DISTANCE OF 197.57 FEET TO THE POINT OF BEGINNING; ALL
IN KENDALL COUNTY, ILLINOIS,
ALSO EXCEPTING THEREFROM THAT PART OF THE NORTHWEST 'A OF
SECTION 15, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD
PRINCIPAL MERIDIAN AS DESCRIBED AS FOLLOWS: BEGINNING AT THE
INTERSECTION OF THE CENTERLINE OF CANNONBALL TRAIL (BEING THE
CENTER LINE OF STATE ROUTS 10, SECTION 19-15D) AND A LINE DRAWN
PARALLEL WITH AND 80.0 FEET, NORMALLY DISTANT, SOUTHERLY OF
"ELIZABETH RIDER'S LAND", THENCE EASTERLY ALONG SAID PARALLEL
LINE 239.10 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, 354.96 FEET TO THE NORTH LINE OF A TRACT OF
LAND CONVEYED TO JAMES KENNEDY BY WARRANTY DEED RECORDED
ON APRIL 21, 1982, IN BOOK 48 OF DEEDS, PAGE 480; THENCE WESTERLY
ALONG SAID NORTH LINE, 106.70 FEET TO THE EAST LINE, AS OCCUPIED
AND MONUMENTED, OF LANDS CONVEYED TO GEORGE MEWHIRTER BY A
WARRANTY DEED RECORDED MAY 1, 1899, IN BOOK 55 OF DEEDS, PAGE 25;
THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED
COURSE, BEING ALONG SAID EAST LINE AND SAID EAST LINE EXTENDED
132.0 FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, 190.33 FEET TO SAID CENTER LINE; THENCE
NORTHEASTERLY ALONG SAID CENTER LINE, TO THE POINT OF
BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS.
Property Index Number: 02-15-126-004
Section 2. That a variation pursuant to Section 10-19-7(d) of the Zoning Ordinance to
reduce the minimum distance required between the lowestpoint of the system and the surface on
q Y
is hereby which the system is mounted from ten(10) feet to two (2) feet granted.
Ordinance No.2023-33
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Section 3. That this Ordinance shall be in full force and effect from and after 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
10th day of October, A.D. 2023.
C:Zg
TY LERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER NAY MATT MAREK ABSENT
SEAVER TARULIS NAY RUSTY CORNEILS AYE
JOHN PURCELL AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this !3 day of , A.D. 2023.
MAY R
Ordinance No.2023-33
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