===== PDF PAGE 36 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO DEVELOPMENT COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: 5.B. Fourth Amendment to the Special Use Permit for Out- side Storage at 1200 N. Prince Crossing Road, Forming | FILE NUMBER: America LTD. COMMITTEE AGENDA DATE: Feb. 11, 2019 Ordinance No. 19-0-0003 COUNCIL AGENDA DATE: STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE Lee=— APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE ITEM SUMMARY: Forming America Ltd. requests approval of a fourth amendment to its special use for an out-side stor- age yard at the existing facility located at 1200 N. Prince Crossing Road. The original special use for an outside storage yard was approved in August of 2007. The special use approval entailed several site improvements to be completed by specific dates. The applicant did not meet many of the site im- provement deadlines established in the original special use permit and was granted a first amend- ment to the special use in December of 2011. The applicant again failed to comply with the amended site improvement deadlines established in the first amendment and was granted a second amend- ment in July of 2014. A third amendment was granted in April 2016, after failing to comply with the deadlines. Since that time the applicant has completed most of the required site improvements, but is again in a situation where they were not able to comply with the established site paving improvement deadlines approved as part of the third special use amendment. Forming America requested a November 30, 2019 compliance date, but staff is concerned this could be too late for compliance should anything interfere with the project’s start or progress. Thus, staff advanced this deadline to October 31, 2019 for the purposes of a proposed amendment. At its January 15, 2019 meeting, the Plan Commission/Zoning Board of Appeals (PC/ZBA) amended Condition 9 of the proposed fourth amendment to the Forming America Special Use Permit to indicate compliance shall be achieved by September 30, 2019. While this resulted in a 3-2 vote of support, the motion failed for lack of having four affirmative votes. Therefore, a supermajority of the City Council is required to approve the proposed amendment. The Plan Commission/ZBA summary is included as Exhibit “B” of the attached ordinance. ACTION PROPOSED: Consideration of a fourth special amendment for the special use permit for an outside storage yard at the Forming America facility located at 1200 N. Prince Crossing Road. COMMITTEE RECOMMENDATION: ===== PDF PAGE 37 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 19-0-0003 AN ORDINANCE APPROVING A FOURTH AMENDMENT TO THE OUTSIDE STORAGE SPECIAL USE FOR 1200 N. PRINCE CROSSING ROAD - FORMING AMERICA, LTD. WHEREAS, on or about November 12, 2018, James Langkamp of Forming America, Ltd. (the “APPLICANT”) filed an application for a fourth amendment to the previously approved special use permit for an outside storage yard, with respect to the property legally described on Exhibit “A” attached hereto and incorporated herein (the “SUBJECT REALTY”); and, WHEREAS, the corporate authorities of the City of West Chicago granted the original special use by Ordinance 07-O-0049 on August 20, 2007; and, WHEREAS, the corporate authorities of the City of West Chicago granted the first amendment to the special use by Ordinance 11-O-0069 on December 19, 2011; and, WHEREAS, the corporate authorities of the City of West Chicago granted the second amendment to the special use by Ordinance 14-O-0023 on July 21, 2014; and, WHEREAS, the corporate authorities of the City of West Chicago granted the third amendment to the special use by Ordinance 16-O-0019 on April 18, 2016; and, WHEREAS, Notice of Public Hearing on said application was published in the Daily Herald on or about December 28, 2018, all as required by the ordinances of the City of West Chicago and the statutes of the State of Illinois; and, WHEREAS, at the Public Hearing, the APPLICANT provided testimony in support of its application and all interested parties had an opportunity to be heard; and, WHEREAS, the corporate authorities of the City of West Chicago have received from Plan Commission/Zoning Board of Appeals a notice, incorporated herein, of a 3-2 vote in support of a fourth amendment to the special use with a September 30, 2019 deadline for completing the referenced work; and, WHEREAS, the vote at the Plan Commission/Zoning Board of Appeals was insufficient to generate a formal recommendation, therefore requiring a supermajority of the City Council to confirm adoption of the fourth amendment to the special use for the SUBJECT REALTY. Ordinance 19-O-0003 Page | of 4 ===== PDF PAGE 38 ===== [Extraction: OCR (rendered-page OCR)] NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Chicago, DuPage County, Illinois, in regular session assembled, as follows: Section 1. That a fourth amendment to the special use permit for an outside storage yard in conformance with Section 5.5 and Section 11.2-4(T) of the Zoning Ordinance is hereby granted on the SUBJECT REALTY subject to the following conditions: 1. The APPLICANT shall only utilize those areas of the SUBJECT REALTY for outside storage that have been improved according to the approved Site and Engineering Plans. The buildings and the storage yard on the SUBJECT REALTY shall only be utilized by Forming America, Ltd. or its successors. The storage yard shall only contain items that are directly related to the operation of the business occupying the SUBJECT REALTY. No items stored with the storage yard on the SUBJECT REALTY, other than vehicles, shall exceed the height of the storage yard fence such that they are visible from Prince Crossing Road. No outside storage on the SUBJECT REALTY shall block, hinder, restrict, or render unusable any required parking spaces or fire lanes. The landscaping on the SUBJECT REALTY shall be installed and maintained in compliance with the Landscape Plan prepared by Flamingo Landscape Inc., consisting of one (1) sheet dated July 25, 2007, and made part of Ordinance 07-O- 0049. All landscaping on the SUBJECT REALTY located within ten (10) feet of the perimeter of any proposed parking lot or storage yard pavement improvements shall be installed within thirty (30) days after the installation of the adjacent parking lot or storage yard pavement improvements. The APPLICANT shall submit revised as-built plans within three (3) months of the completion of each phase of the paving and City staff approval shall be obtained within eight (8) months of the revised submittal. The APPLICANT shall have all outside storage on the SUBJECT REALTY on a paved surface within one (1) year of the completion of Phase I and II paving. Ordinance 19-O-0003 Page 2 of 4 ===== PDF PAGE 39 ===== [Extraction: OCR (rendered-page OCR)] 9. 10. 11. The SUBJECT REALTY shall be developed in substantial compliance with the Paving and Layout Plan prepared by Webster, McGrath & Ahlberg, Ltd., dated September 29, 2014, consisting of a final revision date of January 14, 2015 and in compliance with the pavement improvement completion deadlines identified on the 2019 Paving Plan — Yearly Completion Dates chart, a copy of which is attached hereto as Exhibit “C”, which is, by this reference, incorporated herein. All paving shall be completed no later than September 30, 2019. The APPLICANT shall provide bi-annual progress reports in person to the City’s Development Committee verifying the status of the SUBJECT REALTY’s compliance with the ten (10) conditions and restrictions set forth herein. The APPLICANT shall provide said progress reports until such time that all conditions have been satisfactorily met and the SUBJECT REALTY has been brought into compliance. Within ninety (90) days of the approval of this Ordinance, the APPLICANT shall provide a letter of credit or other financial guarantee acceptable to the City in the amount of no less than one-hundred fifty thousand dollars an no cents ($150,000.00) for not less than two (2) years, or until all phases of paving are completed and approved by the City for the SUBJECT REALTY, whichever occurs last. Section 2. That all ordinances and resolutions, or parts thereof, shall, to the extent not expressly modified by the terms and conditions of this Ordinance, remain in full force and effect as therein provided. Section 3. That this Ordinance shall be in full force and effect ten (10) days from and after its passage, approval and publication in pamphlet for, as provided by law. Ordinance 19-O-0003 Page 3 of 4 ===== PDF PAGE 40 ===== [Extraction: OCR (rendered-page OCR)] PASSED this day of 2019. Alderman Beifuss Alderman Sheahan Alderman Hallett Alderman Birch-Ferguson Alderman Chassee Alderman Brown Alderman Ferguson Alderman Dimas Alderman Swiatek Alderman Garling Alderman Stout Alderman Short Alderman Ligino-Kubinski Alderman Gagliardi APPROVED as to form: City Attorney APPROVED THIS day or 2019. Mayor Ruben Pineda ATTEST: City Clerk Nancy M. Smith PUBLISHED: Ordinance 19-O-0003 Page 4 of 4 ===== PDF PAGE 41 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “A” LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 40 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER AND RUNNING THENCE SOUTH 00°21°51” EAST ON THE EAST LINE THEREOF, 870.30 FEET TO THE NORTHERLY LINE OF PROPERTY CONVEYED TO COMMONWEALTH EDISON COMPANY BY DOCUMENT R62-27934; THENCE NORTH 83°57705” WEST ON SAID NORTHERLY LINE (BEING A LINE DRAWN PARALLEL WITH AND 50 FEET NORTHERLY OF THE NORTHERLY LINE OF THE FORMER CHICAGO GREAT WESTERN RAILROAD RIGHT OF WAY), 1317.39 FEET TO THE WEST LINE OF THE EAST HALF OF SAID SOUTHEAST QUARTER OF SECTION 34; THENCE NORTH 00°05’22” EAST ON SAID WEST LINE, 702.05 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 88°42725” EAST ON SAID NORTH LINE, 1303.76 FEET TO THE PLACE OF BEGINNING, IN DUPAGE COUNTY, ILLINOIS. P.IN.: 01-34-403-003. ===== PDF PAGE 42 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT B TO: Honorable Mayor and City Council SUBJECT: PC 19-02 Fourth Amendment to Special Use Permit Forming America 1200 N. Prince Crossing Road DATE: January 15, 2019 DECISION: The Plan Commission/Zoning Board of Appeals, with a 3-2 vote of support, failed to generate the four affirmative votes required to make a recommendation for a fourth amendment to the Forming America Special Use Permit to extend the deadline for paving of the outside storage yard with a deadline of September 30, 2019. Therefore a supermajority of the City Council is needed to affirm that recommendation. CONSIDERATIONS: After holding a public hearing and after review of the requested amended special use permits, the Plan Commission/Zoning Board of Appeals considered the following conditions: 1. The applicant shall only utilize those areas of the subject realty for outside storage that have been improved according to the approved Site and Engineering Plans. 2. The buildings and the storage yard on the subject realty shall only be utilized by Forming America, Ltd. or its successors. 3. The storage yard shall only contain items that are directly related to the operation of the business occupying the subject realty. 4. No items stored within the storage yard on the subject realty, other than vehicles, shall exceed the height of the storage yard fence such that they are visible from Prince Crossing Road. 5. No outside storage on the subject realty shall block, hinder, restrict, or render unusable any required parking spaces or fire lanes. 6. The landscaping on the subject realty shall be installed and maintained in compliance with the Landscape Plan prepared by Flamingo Landscape, Inc. All landscaping on the subject realty located within ten (10’) feet of the perimeter of any proposed parking lot or storage yard pavement improvements shall be installed within thirty (30) days after the installation of the adjacent parking lot or storage yard pavement improvements. Ts The applicant shall submit revised as-built plans within three (3) months of the completion of each phase of the paving and City staff approval shall be obtained within eight (8) months of the revised submittal. ===== PDF PAGE 43 ===== [Extraction: OCR (rendered-page OCR)] 8. The applicant shall have all outside storage on the subject realty on a paved surface within one (1) year of the completion of the Phase I and II paving. 9. The subject realty shall be developed in substantial compliance with the Paving & Layout Plan prepared by Webster, McGrath & Ahlberg, LTD., dated September 29, 2014, consisting of a final revision date of January 14, 2015 and in compliance with the pavement improvement completion deadlines identified on the 2019 Paving Plan - Yearly Completion Dates chart. Paving must be completed by September 30, 2019. 10. The petitioner shall provide bi-annual progress reports in person to the City’s Development Committee verifying the status of the subject realty’s compliance with the 10 conditions and restrictions set forth herein. The petitioner shall provide said progress reports until such time that all conditions have been satisfactorily met and the subject realty has been brought into compliance. The Plan Commission also considered the following standards stated under Section 5.5-4: The Plan Commission/Zoning Board of Appeals shall recommend a special use only if it shall make findings of fact based upon evidence presented that the special use: (1) Is necessary for the public convenience at that location or, the case of existing nonconforming uses, a special use permit will make the use more compatible with its surroundings: (This standard should be interpreted as indicating whether or not the proposed use is good for the public at that particular physical location, and not whether or not the use itself is needed there). The proposed site improvements associated with the special use amendment request are designed to bring the subject property and the operation of business into compliance with current City regulations. (2) Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected: The proposed storage yard is designed to protect the public’s health, safety and welfare by containing and screening the items within the yard from the adjacent properties. (3) Will not cause substantial injury to the value of other property in the neighborhood in which it is located: The proposed use should not have a negative impact on the surrounding neighborhood in which it is located given that the site is currently being operated as such a use, however the site does have environmentally sensitive areas on-site that necessitate the required site restrictions to be followed. (4) The proposed special use is designated by this code as a listed special use in the zoning district in which the property in question is located: The proposed storage yard is listed as a special use, per the M, Manufacturing District regulations established in Section 11.2-4 (T) of the Zoning Code. ===== PDF PAGE 44 ===== [Extraction: OCR (rendered-page OCR)] Respectfully submitted, Barbara Laimins Chairperson VOTE: For Against Abstain Absent Laimins x Devitt x Hale Xx Kasprak x Faught x Dettman Xx Henkin x ===== PDF PAGE 45 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT "C" ===== PDF PAGE 46 ===== [Extraction: OCR (rendered-page OCR)] 2019 Paving Plan - Yearly Completion Dates Zone To be completed by Bi-Annual Report Zonel1 May 2016 Report October 31, 2016 Nov 2016 report May 2017 Report October 31, 2017 Nov 2017 report May 2019 Report September 30, 2019 Nov 2019 report ===== PDF PAGE 47 ===== [Extraction: OCR (rendered-page OCR)] Tt te eee tang ee meer . mt ema POSS'BLE FUTURE ZONE M (ldanufacturing) WAREHOUSE eS ie 139075 3+139273 We ~25,000 SF ~ Lal a iin : —— ae seis Bae ow bate SQUARE FOOTAGE LiF WS \ (reer J i io (Gisoenemmee 95 Fi i Pa il rr 4 ZONE 3: 18,958 SE - e . ‘Serena nate eerie | REI AIRS: He roe ti | Sratocawe ray gz » ; PAVEMENT SECTIONS | | / smemmer Arment a itt i Veneer awera ze $1 | ane reams | i Hal POtmernnee if Bel: aa (SonoUTe sr enace Vans Pavan H \. a — ees. seer tee — s Sod aoa a rit aie if iow hy i i Ng fz iT Ej if ~S | je il ite a “| Fil : I il Siete 12 7 iz — Ht HITT a ee FUTURE Panes tf —_ a ee es COVERED FI Hy fF a es — Mi it i ek, ~7,800 SF ~ tt | Hi a A ee te, ~~ 8 tar tnt i it ~~. wee, au fi i! COMMONWeE,, toe ee LTH a, ot Hi Hil = > Teen, apse DISON a 1. {| i { LAND AREA SUNMIARY TALES || PREM Gotatachmas =F MEN ry OMPANY ef Gross Se Area = 23.54 Acre | a a Hid i | | Pod Area 2 0.653 Acre Net Sita Area = 22.920 Acre 1 Side Yard Parking Settack = 15 Erne Yar Paring Seteck = 22 ee =. HICAGO AND NORTH; WES is + eainye a Sarre i Conservation “Ree Yard Parking Saibeck = 15°|) (GREar WE: STERN TRAIL RAILROAD ary i | Easement = 1214 ce ~~ ii | seer [meer | al row Area 7.16 Aca , Front Yard Buicirg Setback = 47! Sica Yard Barcing Setback = 20 | fad Butsing Satbeck «27 a ee mahi, PAVING & [af] [Ree nea sce as a i pany ettanase = ene — | ZONE i (Manufacturing) He! —-- erecta — Layour PLAN — — Ti ee ramen mews oe ~~ ee ores 2B eee C2 “|