===== PDF PAGE 21 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO DEVELOPMENT COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: Be Forming America, Ltd. 1200 North Prince Crossing Road FILE NUMBER: Special Use Permit — Fifth Amendment COMMITTEE AGENDA DATE: Oct. 9, 2023 Ordinance No. 23-O-0037 COUNCIL AGENDA DATE: STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE AS APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE ITEM SUMMARY: Forming America, Ltd. has petitioned the City to amend their existing special use permit for a fifth time at 1200 N Prince Crossing Road in the M Manufacturing District for ancillary outside storage on the property. The amendment is to update the controlling site plan for the special use permit so it is reflective of what has actually been constructed on the site. The petitioner originally received approval for their special use permit in 2007 and it is been amended over time to allow more time for the required paving to be completed. In 2019, a fourth amendment was approved that required the petitioner to provide a financial security that the City would hold onto until such time that all paving per the controlling site plan was completed. The petitioner has paved all portions of the property currently being used for outside storage. There is approximately 64,000 square feet that was originally to be paved for outside storage but remains unpaved. The petitioner has indicated they have no need for this storage area any longer and therefore do not need to pave. This is acceptable provided they do not place any outside storage on this area to remain unpaved. For their financial security to be eligible for release, however, they must complete all of the paving identified on the controlling site plan. As such, they are requesting this amendment so their controlling site plan will replicate what portions of the property they are using for outside storage, as they have indicated they have no intention to utilize any more of the property for outside storage. At their October 3 meeting, members of the Plan Commission voted unanimously (4-0, with three absent) in support of the fifth amendment to the Special Use Permit. ACTION PROPOSED: Discuss and recommend approval of the requested Fifth Amendment to the Special Use Permit for 1200 N Prince Crossing Road. COMMITTEE RECOMMENDATION: Attachments: Draft Ordinance PC Report Paving Plan ===== PDF PAGE 22 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 23-0-0037 AN ORDINANCE APPROVING A FIFTH AMENDMENT TO THE OUTSIDE STORAGE SPECIAL USE FOR 1200 N. PRINCE CROSSING ROAD — FORMING AMERICA, LTD. WHEREAS, on August 23, 2023, James Langkamp of Forming America, Ltd. (the “APPLICANT”), filed an application for a fifth amendment to the previously approved special use permit for an outside storage yard for the property located at 1200 North Prince Crossing Road and legally described on Exhibit “A”, which is attached hereto and incorporated herein as the “SUBJECT REALTY’; and, WHEREAS, the corporate authorities of the City of West Chicago granted the original special use by Ordinance 07-0-0049 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, the corporate authorities of the City of West Chicago granted the fourth amendment to the special use by Ordinance 19-O-0003 on February 18, 2019; and, WHEREAS, Notice of Public Hearing on said special use application was published in the Daily Herald on September 18, 2023, as required by the ordinances of the City of West Chicago and the statutes of the State of Illinois; and, WHEREAS, a Public Hearing was conducted by the Plan Commission/Zoning Board of Appeals of the City of West Chicago, commencing on October 3, 2023, pursuant to said Notice; and, WHEREAS, at the Public Hearing, the APPLICANT provided testimony in support of his application, and all interested parties had an opportunity to be heard; and, WHEREAS, the corporate authorities of the City of West Chicago have received the recommendation of the Plan Commission/Zoning Board of Appeals for the special use which contains specific findings of fact, pursuant to Recommendation No. 2023-RC-0008, a copy of which is attached hereto as Exhibit “B” which is, by this reference, incorporated herein. 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 fifth amendment to the special use permit for an outside storage yard in Ordinance 23-O-0037 Page 1 of 7 ===== PDF PAGE 23 ===== [Extraction: OCR (rendered-page OCR)] 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. Conditions 1 through 8 and 11 of Section 1 in Ordinance 19-O-0003 shall remain in full force and effect; 2. Condition 9 of Section 1 in Ordinance 19-O-0003 shall be stricken in its entirety and replaced with the following: The SUBJECT REALTY shall be in compliance with the pavement improvements identified on the 2023 Paving Plan date stamped received August 21, 2023, a copy of which is attached hereto as Exhibit “C’”, which by this reference is, incorporated herein. 3. All gravel within the 64,000 square foot area no longer to be paved shall be removed no later than October 1, 2024. 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 form as provided by law. PASSED this day of , 2023. Alderman D. Beebe _t. Alderman L. Chassee _ Alderman J. Sheahan _ Alderman H. Brown ee Alderman A. Hallett _ Alderman C. Dettmann ~— Alderman M. Birch-Ferguson_ | Alderman S. Dimas _ Alderman J. Smith, Jr. _ Alderman C. Swiatek _ Alderman R. Stout ee Alderman J. Short _ Alderman J. Morano ee Ward 7 — Vacant APPROVED as to form: City Attorney Ordinance 23-O-0037 Page 2 of 7 ===== PDF PAGE 24 ===== [Extraction: OCR (rendered-page OCR)] APPROVED THIS day of , 2023. Mayor Ruben Pineda ATTEST: Executive Office Manager Valeria Perez PUBLISHED: Ordinance 23-O-0037 Page 3 of 7 ===== PDF PAGE 25 ===== [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°57’°05” 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°42’25” EAST ON SAID NORTH LINE, 1303.76 FEET TO THE PLACE OF BEGINNING, IN DUPAGE COUNTY, ILLINOIS. PIN 01-34-403-003 Ordinance 23-O-0037 Page 4 of 7 ===== PDF PAGE 26 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “B” RECOMMENDATION NO. 2023-RC-0008 TO: The Honorable Mayor and City Council SUBJECT: PC 23-09 Fifth Amendment to a Special Use Permit Forming America, Ltd. 1200 North Prince Crossing Road DATE: October 3, 2023 DECISION: The Plan Commission/Zoning Board unanimously recommended approval of the special use for a car wash for the SUBJECT REALTY by a (4-0) vote. RECOMMENDATION After review of the requested special use for a car wash for the SUBJECT REALTY, the Plan Commission/Zoning Board of Appeals (PC/ZBA) recommended approval based on the following findings of fact. (1) Is necessary for the public convenience at the 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*** No change in use is occurring on the property and no additional site improvements are proposed. The purpose of the amendment is to amend the controlling site plan to be reflective of the actual improvements made on the property. Staff is of the opinion the petitioner has satisfied this finding. (2) Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected: No additional site improvements are proposed. The petitioner has previously performed the required site improvements to satisfy this finding. Staff is of the opinion the petitioner _has satisfied this finding. (3) Will not cause substantial injury to the value of other property in the neighborhood in which it is located: No change in use is occurring on the property and no additional site improvements are proposed. The purpose of the amendment is to amend the controlling site plan to be reflective of the actual improvements made on the property. Less outside storage will occur on the property than what was original approved. Staffis of the opinion the petitioner has satisfied this finding. Ordinance 23-O-0037 Page 5 of 7 ===== PDF PAGE 27 ===== [Extraction: OCR (rendered-page OCR)] (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 existing manufacturing facility with ancillary outside storage listed as a special use per Section 11.2-4 (T) of the Zoning Code. No change in use will occur on the property._Staffis of the opinion the petitioner has satisfied this finding. Respectfully submitted, Barbara Laimins Chairperson VOTE: For Against Abstain Absent Laimins Hale Slattery Henkin Kasprak Billingsley Banasiak Ordinance 23-O-0037 Page 6 of 7 ===== PDF PAGE 28 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “C” (Insert 2023 Paving Plan here) Ordinance 23-O-0037 Page 7 of 7 ===== PDF PAGE 29 ===== [Extraction: OCR (rendered-page OCR)] I | } | { | | i | Gross Site Area = 23.584 Acre Road Area = 0.658 Acre Net Site Area = 22.926 Acre Conservation Easement = 13.14 Acre | | Total Disturbed Area = 7.16 Acre em ZONE 3: 18.938 SF | (ZONE 4:47;377SF | || Rear Yard 81 CONSERVATION 1 | Side Yard Parking Setback = 15° ||| Rear Yard Parking Setback = 15° | || Front Yard Building Setback = 40° | | Side Yard Building Setback = 20 = | \ “== . = ———— ; —J [sume roar a ansitovatriow Revarion «739.23 EASEMENT. - Cihom=isa Forming America Parking & Storage Yard Improvements tga reeaconmatt Eine om od FORANG AMERICA = let | ip Bt iy ie —EE 17 ata Wants 35572 36 pec | [er apasOnce ASIST gprs | | tanane rrowore {2veote pores e2nereeey see, ZONE M (Manufacturing)