===== PDF PAGE 5 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO DEVELOPMENT COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: 5.A. Special Use Extension for an Alternative Electric Supply Facility FILE NUMBER: Cenergy Power 220 Kress Road COMMITTEE AGENDA DATE: Aug. 11, 2025 Ordinance No. 25-O-0037 COUNCIL AGENDA DATE: STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE Ry APPROVED BY INTERIM CITY ADMINISTRATOR: Tia SIGNATURE Messino ITEM SUMMARY: BAP Power Corporation/b/a Cenergy Power, the contract lessee, is requesting approval of an extension to their existing special use permit for an alternative electric supply facility (a solar farm). The subject property is approximately 16 acres in area and is located on the west side of Kress Road between the Union Pacific Rail- road overpass and Downs Drive. The property is currently zoned A, Airport district. The petitioner received approval for the special use permit for the proposed solar farm in 2024 accord- ing Ordinance 24-00018. The project, however, has stalled because of pending approvals with the FAA. Section 5.5-8 of the Zoning Code requires a Special Use Permit to become operational within one year. As such, the petitioner is requesting a one-year extension to the Special Use Permit while waiting for FAA approval. ACTION PROPOSED: Consideration of a special use extension for one-year for BAP Power Corporation to August 18, 2026. COMMITTEE RECOMMENDATION: Attachments: Draft Ordinance ===== PDF PAGE 6 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 25-O0-0037 AN ORDINANCE GRANTING AN EXTENSION FOR A SPECIAL USE PERMIT APPROVAL FOR AN ALTERNATIVE ELECTRIC SUPPLY FACILITYAT 220 KRESS ROAD WHEREAS, on June 17, 2024, BAP Power Corporation d/b/a Cenergy Power (the “APPLICANT”), was granted approval for a Special Use Permit for an alternative electric supply facility for the property located at 220 Kress Road and legally described on Exhibit “A”, which is attached hereto and incorporated herein as the “SUBJECT REALTY”; and WHEREAS, Section 5.5-8 of the Zoning Code states that a Special Use Permit shall expire in one (1) year if it is not operational; and WHEREAS, the development of the property and use as a alternative electric supply facility has stalled because of pending federal approvals for the project; and WHEREAS, Section 5.5-8 of the Zoning Code states that an extension may be granted with approval of the City Council; and WHEREAS, on or about July 14, 2025 the APPLICANT filed a request for an extension of the approved Special Use Permit; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Chicago, Du Page County, Illinois, in regular session assembled, as follows: Section 1. There is hereby granted an extension to the approved Special Use Permit for the SUBJECT REALTY granted by Ordinance 24-O-0018 until August 18, 2026, at which time the Special Use Permit shall expire if the use has not become operational. Section 2. That all conditions contained in Ordinance 24-O-0018 shall remain in full force and effect. Section 3. That all other ordinances and resolutions, or parts thereof, to the extent not expressly modified by the terms and conditions of this Ordinance shall remain in full force and effect as therein provided. Section 4. 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. Ordinance 25-O-0037 Page 1 of 4 ===== PDF PAGE 7 ===== [Extraction: OCR (rendered-page OCR)] PASSED this day of , 2025. Alderman J. Alcantar-Garcia Alderman D. Beebe Alderman I. Santiago ee Alderman J. Sheahan Alderman D. Carreto-Mufioz Alderman A. Hallett Alderman S. Dimas ee Alderman M. Birch Ferguson Alderman C. Swiatek _ Alderman J. Smith, Jr. Alderman C. Avifia Soto ee Alderman R. Stout Alderman M. Myers ee Alderman J. Morano APPROVED as to form: City Attorney APPROVED this day of , 2025. Daniel Bovey, Mayor ATTEST: Valeria Perez, Executive Office Manager PUBLISHED: Ordinance 25-O-0037 Page 2 of 4 ===== PDF PAGE 8 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “A” Subject Realty Legal Description PARCEL 1: THE SOUTH 263 FEET OF THE NORTH 428 FEET OF THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE CHICAGO AND NORTHWESTERN RAILROAD RIGHT-OF-WAY AND WEST OF THE KRESS ROAD RIGHT-OF-WAY, EXCEPTING THEREFROM THAT PART CONVEYED BY WARRANTY DEED TO THE STATE OF ILLINOIS, RECORDED MAY 23, 1996 AS DOCUMENT NUMBER R96-086069, IN DUPAGE COUNTY, ILLINOIS. P.I.N.S 04-07-201- 006 AND 04-07-201-008. ALSO, PARCEL 2: THE NORTHERLY 165 FEET OF THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE CHICAGO AND NORTHWESTERN RAILROAD RIGHT-OF-WAY AND WEST OF THE KRESS ROAD RIGHT-OF-WAY, ALONG THE EAST END THEREOF, EXCEPT THE SOUTH 75.0 FEET OF THE NORTH 85.0 FEET (BOTH AS MEASURED AT RIGHT ANGLES WITH THE NORTH LINE) OF THE EAST 530 FEET (AS MEASURED ON THE NORTH LINE AND ON THE SOUTH LINE) OF THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WESTERLY OF THE KRESS ROAD RIGHT- OF-WAY, EXCEPTING THEREFROM THAT PART CONVEYED BY WARRANTY DEED TO THE STATE OF ILLINOIS, RECORDED MAY 23, 1996 AS DOCUMENT NUMBER R96-086069, IN DUPAGE COUNTY, ILLINOIS. P.LN. 04-07-201-010. ALSO, PARCEL 3: THE SOUTH 75.0 FEET OF THE NORTH 85.0 FEET (BOTH AS MEASURED AT RIGHT ANGLES WITH THE NORTH LINE) OF THE EAST 530.0 FEET (AS MEASURED ON THE NORTH LINE AND ON THE SOUTH LINE) OF THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WESTERLY OF THE KRESS ROAD RIGHT-OF-WAY, EXCEPTING THEREFROM THAT PART CONVEYED BY WARRANTY DEED TO THE STATE OF ILLINOIS, RECORDED MAY 23, 1996 AS DOCUMENT NUMBER R96-086069, IN DUPAGE COUNTY, ILLINOIS. P.I.N. 04-07-201- 007. ALSO, PARCEL 4: THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE CHICAGO AND NORTHWESTERN RAILROAD RIGHT-OF-WAY AND WEST OF THE KRESS ROAD RIGHT-OF-WAY ALONG THE Ordinance 25-O-0037 Page 3 of 4 ===== PDF PAGE 9 ===== [Extraction: OCR (rendered-page OCR)] EAST END THEREOF (EXCEPT THE NORTH 428 FEET THEREOF), EXCEPTING THEREFROM THAT PART CONVEYED BY WARRANTY DEED TO THE STATE OF ILLINOIS, RECORDED MAY 23, 1996 AS DOCUMENT NUMBER R96-086069, IN DUPAGE COUNTY, ILLINOIS. P.I.N. 04-07-201-009. Ordinance 25-O0-0037 Page 4 of 4