Ordinance 2023-10 **See Ordinance 2023-59 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2023-10
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS,
APPROVING A SPECIAL USE FOR A SOLAR FARM WITH
FREESTANDING SOLAR ENERGY SYSTEMS
(NEW LEAF ENERGY)
Passed by the City Council of the
United City of Yorkville, Kendall County,Illinois
This 111h day of April, 2023
Prepared by and Return to:
United City of Yorkville
800 Game Farm Road
Yorkville,IL 60560
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville, Kendall
County, Illinois on April 25, 2023.
Ordinance No. 2023-10
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,ILLINOIS,
APPROVING A SPECIAL USE FOR A SOLAR FARM WITH
FREESTANDING SOLAR ENERGY SYSTEMS
(New Leaf Energy)
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, under section 11-13-1.1 of the Illinois Municipal Code (65 ILCS 511-1-1, et
seq.), the Mayor and City Council of the City (collectively, the "Corporate Authorities")may
provide for the classification of special uses in its zoning ordinance; and,
WHEREAS, pursuant to the United City of Yorkville Zoning Ordinance (the "Zoning
Code"), any person owning or having an interest in property may file an application to use such
land for one or more of the special uses provided for in the zoning district in which the land is
situated; and,
WHEREAS, New Leaf Energy, Inc. dba Beecher Solar 1, LLC, ("the Lessee") is leasing
18.44 acres for the proposed installation of approximately 9,700 freestanding solar energy
systems on the property owned by Robert M. and Ildefonsa Loftus located immediately north of
the BNSF railroad line and east of Beecher Road, legally described in Section 2 of this
Ordinance (the "Subject Property"); and,
WHEREAS, under the authority of the Zoning Code, the Subject Property is located in a
designated A-1 Agricultural District and freestanding solar energy systems are allowed with a
special use permit; and,
WHEREAS, the Corporate Authorities have received a request from the Lessee for a
special use permit for the Subject Property to allow the solar farm with freestanding solar energy
systems; and,
WHEREAS, a legal notice of publication regarding a public hearing before the Planning
and Zoning Commission on the proposed special use permit was duly published in a newspaper
of general circulation in the City, not more than thirty (30) nor less than fifteen (15) days prior to
the public hearing; and,
WHEREAS, notice to property owners within 500 feet of the Subject Property identified
for the special use permit was sent by certified mail; and,
WHEREAS, the Planning and Zoning Commission convened and held a public hearing
on the 8th day of February, 2023, for the consideration of the special use application; and,
Ordinance No.2023-10
Page 2
WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in
Section 10-4-9(F) and 10-19-4-C of the Zoning Code; and,
WHEREAS, upon conclusion of said public hearing, the Planning and Zoning
Commission recommended the approval with conditions for the special use for the Subject
Property for a solar farm with freestanding solar energy systems.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. The above recitals are incorporated herein and made a part of this Ordinance.
Section 2. That the Corporate Authorities hereby approve a special use for the Subject
Property, legally described as:
COMMENCING ON THE NORTH LINE OF SECTION 19 AFORESAID, 35.04 CHAINS
WEST OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 0 DEGREES, 35
MINUTES, 0 SECONDS EAST 0.55 CHAINS TO THE SOUTH RIGHT-OF-WAY OF THE
CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY FOR THE POINT OF
BEGINNING; THENCE SOUTH 0 DEGREES, 35 MINUTES, 0 SECONDS WEST TO THE
CENTER LINE OF THE BRISTOL AND PLANO ROAD; THENCE SOUTHEASTERLY
ALONG SAID CENTER LINE TO THE CENTER OF ROB ROY CREEK; THENCE
NORTHEASTERLY ALONG SAID CENTER LINE TO THE EAST LINE OF SECTION 19;
THENCE NORTH ALONG SAID EAST LINE 6.44 CHAINS TO THE SOUTHWEST
CORNER OF SECTION 17; THENCE EAST ALONG THE SOUTH LINE OF SAID
SECTION 2.30 CHAINS; THENCE NORTHEASTERLY TO A POINT ON THE NORTH
LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 17 WHICH IS 5.50
CHAINS EAST OF THE NORTHWEST CORNER OF SAID QUARTER QUARTER;
THENCE WEST ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 17 AND ALONG THE NORTH LINE OF THE SOUTHEAST
1/4 OF THE SOUTHEAST 1/4 OF SECTION 18 TO THE NORTHWEST CORNER OF SAID
SOUTHEAST 1/4 OF THE SOUTHEAST 1/4; THENCE SOUTH ALONG THE WEST LINE
OF SAID QUARTER QUARTER TO THE SOUTH RIGHT-OF-WAY LINE OF THE
CHICAGO, BURLINGTON, AND QUINCY RAILROAD COMPANY; THENCE
WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY TO THE POINT OF BEGINNING,
(EXCEPTING THEREFROM THE RIGHT-OF-WAY OF THE CHICAGO, BURLINGTON,
AND QUINCY RAILROAD COMPANY) IN THE TOWNSHIP OF BRISTOL, KENDALL
COUNTY, ILLINOIS.
with Property Index Numbers 02-18-400-005, 02-18-400-006, and 02-17-300-002 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:
Ordinance No.2023-10
Page 33
a. The petitioner will provide a photometric plan as part of the final engineering plan
submittal.
b. A chain link fence will be installed, and slats will be placed on the portion of the
fence facing Beecher Road.
c. A Knox box with keys provided to the City's building department and Bristol
Kendall Fire District (BKFD).
d. The petitioner shall make a one-time payment of$315,932 to the City in lieu of
constructing the required Beecher Road Improvements based upon forty percent
(40%) of the City Engineer's approved probable estimate of construction cost to
be escrowed and used for future Beecher Road improvements. Such payment will
be due prior to the issuance of the building permit for the solar farm.
e. A landscape plan be submitted as part of the final engineering plan submittal, per
comments from the City Engineer.
f. The petitioner shall provide a security guarantee in the amount of $283,078.11
and in a form acceptable to the City Engineer with an inflation rate of 3%.
g. The petitioner shall provide a blanket easement over the property to allow the
City or its contractor to enter and remove the abandoned system in compliance
with the City Code.
h. Compliance with all comments prepared by Engineering Enterprises, Inc., the
City's engineering consultant, in a letter dated January 10, 2023 attached hereto
and made a part hereof as Exhibit A.
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
1 lch day of April, A.D. 2023.
CLERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING NAY
CHRIS FUNKHOUSER NAY MATT MAREK AYE
SEAVER TARULIS NAY RUSTY CORNEILS PRESENT
Ordinance No. 2023-10
Page 4
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this !day of A.D. 2023.
J
MAYOR
Ordinance No.2023-10
Page 5
January 10, 2023
Ms. Krysti Barksdale-Noble
Community Development Director
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Re: New Leaf Energy— Solar Farm
Annexation, Rezoning, & Special Use Request— 2„d Submittal
United City of Yorkville
Dear Krysti:
We have reviewed the following items for the above referenced project:
• Project Narrative
• Special Use Permit Plan Set (6 sheets) dated December 23, 2022, prepared by New Leaf
Energy.
• Other Supporting Documentation
Our review of these plans and reports are to generally determine their compliance with local ordinances
and whether the improvements will conform to existing local systems and equipment, This review and
our comments do not relieve the designer from his duties to conform to all required codes, regulations,
and acceptable standards of engineering practice. Engineering Enterprises, Inc,'s review is not
intended as an in-depth quality assurance review, we cannot and do not assume responsibility for
design errors or omissions in the plans. As such, we offer the following comments:
The below comments are outstanding from EEI's review letter dated November 29, 2022. In New
Leafs response letter dated December 23, 2022, they stated that they will address these
comments in future submittals.
General
1. The following permits may be required during final engineering and should be provided to the City
when obtained. The City and EEI should be copied on all correspondence with the agencies.
• IEPA NPDES General Construction Permit is required. The Notice of Intent must be
filed with IEPA 30 days prior to start of construction.
• USACE Jurisdictional Determination of wetlands
• Stormwater permit application in accordance with the Yorkville Storm Water
Management Ordinance (Kendall Countywide Ordinance)
2. The following will need to be submitted with Final Engineering Plans:
a. Truck turning exhibits for delivery and emergency vehicles
Ms. Krysti Barksdale-Noble
January 10, 2023
Page 2
b. Landscape plan
c, Photometric plan
3. There is a floodplain on the property associated with Rob Roy Creek that was identified in the
Interim Hydrologic & Hydraulic Analysis of Rob Roy Creek, 2005. The property will have to be
developed in accordance with the floodplain provisions of the City's stormwater ordinance.
4. Any impacts to the wetlands should be designed in accordance with the United City of Yorkville's
Wetland Protection Regulations,
5. A plat of dedication document will need to be prepared.
6. Coordination with a planned sanitary sewer along the railroad route will be required.
7. Additional stormwater calculations based on maximum allowable release rate will be required.
8. Improvements to Beecher Road may be required. Beecher Road is currently not constructed to
City standards.
9. The inflation for the decommissioning estimate is shown at 2.0%. A higher value should be used.
If you have any questions or require additional information, please contact our office.
Respectfully Submitted,
ENGINEERING ENTERPRISES, INC.
Bradley P. anderson, P.E.
Chief Operating Officer/ President
BPS/tnp/pgw2
PC: Mr. Bart Olson, City Administrator (via email)
Ms. Erin Willrett, Assistant City Administrator (via email)
Mr. Jason Engberg, Senior Planner(via email)
Mr. Eric Dhuse, Director of Public Works (via email)
Mr. Pete Ratos, Building Department (via email)
Ms. Dee Weinert, Admin Assistant (via email)
Ms. Jori Behland, City Clerk (via email)
Mr. C. Dean Smith, New Leaf Energy (via email)
TNP, PGW2, EEI (Via e-mail)
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