===== PDF PAGE 10 ===== CITY OF WEST CHICAGO DEVELOPMENT COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: Second Extension for an Approved Special Use Permit Alternative Electric Supply Facility (Solar Farm) BAP Power Corporation d/b/a Cenergy Power 220 Kress Road Ordinance No. 26-O-0013 AGENDA ITEM NUMBER: ____________ COMMITTEE DATE: July 13, 2026 COUNCIL DATE: PREPARED BY: John Sterrett, Director of Community Development APPROVED BY: Viviana Ramirez, City Administrator SIGNATURE _______________________ SIGNATURE _______________________ ITEM SUMMARY: BAP Power Corporation d/b/a Cenergy Power is requesting approval of a second extension to their existing Special Use Permit for an alternative electric supply facility (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 Railroad overpass and Downs Drive, zoned A Airport District. The Special Use Permit was originally approved in 2024 per Ordinance 24-O-0018. Section 5.5-8 of the Zoning Code requires a Special Use Permit to become operational within one year. A first exten- sion was granted in August 2025 via Ordinance 25-O-0037, extending the SUP to August 18, 2026. The project has been delayed pending federal approvals from the FAA and the Illinois Division of Aer- onautics, which remain outstanding. The FAA review process requires four approvals before the project can move forward. Two have been secured. The Airport Layout Plan update was approved March 30, 2026, and the ALP Regulatory Re- view was completed February 4, 2026. The airspace review is currently underway, and the environ- mental review (CATEX) remains pending with IDA behind other projects in queue. The land lease ap- plication, which is the final step, cannot be submitted until both are complete. The petitioner is re- questing a second one-year extension while those approvals are finalized. ACTION PROPOSED: Consideration of a second extension for the Special Use Permit for BAP Power Corporation to expire on August 18, 2027. COMMITTEE RECOMMENDATION: Attachments: FAA Approval Status Memorandum Draft Ordinance ===== PDF PAGE 11 ===== Barrett Energy Resources Group 10 River Run | Williamstown, MA 01267 | 339-234-2696 www.barrettenergygroup.com 1 The Federal Aviation Administration (FAA) review process for the DuPage Airport Solar Project commenced in 2018. There are four primary approvals that are required to be secured: (1) update to the Airport Layout Plan (ALP), (2) airspace review, (3) environmental review, and (4) approval of the non-aeronautical lease. In 2019, Cenergy secured the approved update to the ALP, and the airspace determination. When the project was not selected for the Adjustable Grant Program, the FAA review process was put on hold. In early 2024, Cenergy contacted the FAA and the Illinois Division of Aeronautics (IDA) about starting up the regulatory review process for the DuPage Airport Solar Project. The two remaining steps were the environmental review and the approval of the non-aeronautical land use lease. IDA confirmed that, to start the environmental review process, we would need to file an Environmental Survey Request (ESR) which included a natural resource review, a cultural resource review, and a wetlands impact evaluation. The ESR was submitted in March 2024. The ESR was approved in June 2025, allowing for the submission of the environmental application known as the Categorical Exclusion (CATEX). In July 2025, Cenergy submitted a CATEX application to the IDA. After the CATEX was submitted, IDA informed Cenergy that the FAA had established a new review step since approvals were previously secured for the project in 2019. The approval, referred to as the ALP Regulatory Review would need to be completed even though the updated ALP had been approved in 2019 and the IDA confirmed that the ALP update did not expire. The CATEX could not be reviewed until the ALP Regulatory Review was completed. In October 2025, Cenergy submitted a request for an ALP Regulatory Review to the FAA. The FAA responded in an email dated January 29, 2026, confirming that it had completed the review and that it retains regulatory authority over the project. The FAA and the IDA clarified that while the ALP update had been approved in 2019, the FAA was now requiring additional information about the solar project, such as the access road, the fence line, and details of the project’s components and capacity, be provided. Cenergy submitted the new ALP update on March 12, 2026, and received approval of the ALP update on March 30, 2026. With the ALP Regulatory Review completed on February 4, 2026, Cenergy reached out to IDA with regards to the CATEX application submitted in July 2025. IDA responded that it had two Technical Memorandum To: John Prock, Cenergy Power From: Stephen Barrett Date: April 1, 2026 RE: DuPage Airport Solar Project – Summary of FAA Review ===== PDF PAGE 12 ===== Barrett Energy Resources Group 10 River Run | Williamstown, MA 01267 | 339-234-2696 www.barrettenergygroup.com 2 other projects that required review prior to commencing the environmental review for the DuPage Airport Solar Project. IDA has not responded to the latest request for an update on the status of the review. With the ALP update approved, the FAA commenced the Airspace Review of the project. An application for land lease approval, the final step in the process, cannot not be submitted until the CATEX and Airspace Review has been completed and approvals have been issued. ===== PDF PAGE 13 ===== Ordinance 26-O-0013 Page 1 of 4 ORDINANCE NO. 26-O-0013 AN ORDINANCE GRANTING A SECOND EXTENSION FOR A SPECIAL USE PERMIT APPROVAL FOR AN ALTERNATIVE ELECTRIC SUPPLY FACILITY AT 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”, according to Ordinance 24- O-0018; 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 an alternative electric supply facility has stalled because of pending approvals for the project from the Federal Aviation Administration (the “FAA”); 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, an extension to the approved Special Use Permit for the SUBJECT REALTY was granted on August 18, 2025, according to Ordinance 25-O-0037; and WHEREAS, required FAA approvals are still pending which has prevented the APPLICANT from developing the SUBJECT REALTY in a manner approved by the Special Use Permit; and WHEREAS, on or about June 4, 2026 the APPLICANT filed a request for a second extension of the approved Special Use Permit. 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 a second extension to the approved Special Use Permit for the SUBJECT REALTY granted by Ordinance 24-O-0018 until August 18, 2027, 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. ===== PDF PAGE 14 ===== Ordinance 26-O-0013 Page 2 of 4 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. PASSED this_____ day of _________________, 2026. Alderman J. Alcántar-García ______ Alderman D. Beebe ______ Alderman I. Santiago ______ Alderman J. Sheahan ______ Alderman D. Carreto-Muñoz ______ Alderman T. Hernandez ______ Alderman S. Dimas ______ Alderman M. Birch Ferguson ______ Alderman C. Swiatek ______ Alderman J. Smith, Jr. ______ Alderman C. Aviña Soto ______ Alderman R. Stout ______ Alderman M. Myers ______ Alderman J. Morano ______ APPROVED as to form: ______________________________________ City Attorney APPROVED this_____ day of _________________, 2026. ______________________________ Daniel Bovey, Mayor ATTEST: __________________________________ Valeria Biggerstaff, Executive Office Manager PUBLISHED: ___________ ===== PDF PAGE 15 ===== Ordinance 26-O-0013 Page 3 of 4 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.I.N. 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 ===== PDF PAGE 16 ===== Ordinance 26-O-0013 Page 4 of 4 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.