===== PDF PAGE 38 ===== CITY OF WEST CHICAGO CITY COUNCIL AGENDA ITEM SUMMARY ITEM TITLE: Hardship Exception Request to the Temporary Moratorium on Data Centers and Battery Energy Storage Systems TurningPoint Energy PINs 04-06-400-020; 04-06-300-016; 04-06-400-016 Ordinance No. 26-O-0024 AGENDA ITEM NUMBER: 6.F. COMMITTEE DATE: N/A COUNCIL DATE: November 2, 2026 PREPARED BY: John Sterrett, Director of Community Development APPROVED BY: Viviana Ramirez, City Administrator SIGNATURE _______________________ SIGNATURE _______________________ ITEM SUMMARY: On October 20, 2026, TPE IL DU200, LLC (TurningPoint Energy) submitted a written request for an exception to the Temporary Moratorium of Data Centers and Battery Energy Storage Systems (BESS) under Section 9 of Ordinance No. 26-O-0011 – Hardship Appeals Process, for a proposed BESS. The subject property consists of three contiguous parcels located generally at the northwest corner of Kress Road and Western Drive, within the “A” Airport District. The site is owned by the DuPage Airport Authority and is undeveloped. TurningPoint Energy would lease the land from the Authority, and the BESS would disturb less than 3 acres. Section 9(B) of the Ordinance requires that the Applicant demonstrate that they (1) previously provided notice to the City of an intention to develop the property, and (2) the proposed use is permitted in the applicable zoning district as of the Ordinance's effective date. The Applicant provided notice of its intent on March 9, 2026, and the City confirmed on June 19, 2026 that a BESS qualifies as a permitted “Public Utility” use under Section 10.5-3(C)(2)(b) of the Zoning Code. The Applicant also states that it has submitted an interconnection application with ComEd and that a delay for the duration of the moratorium could cost the project its position in the interconnection queue. The BESS proposal is not associated with a data center use. Approval of the hardship exception would not constitute approval of the proposed BESS or its development plan. It would allow the Applicant to proceed through the City's otherwise applicable development review and approval processes notwithstanding the Moratorium. As a permitted use, no special use permit application is required. Because the property is located within the “A” Airport District, a site plan approval must be secured by both the DuPage Airport Authority and the City Council. Once all completed plans related to the development of the site have been submitted, staff will perform a review of the application and bring it back to the City Council for consideration. ACTION PROPOSED: Discuss and consider Ordinance No. 26-O-0024, granting the request for an exception to the Temporary Moratorium (Ordinance No. 26-O-0011) under the Section 9 Hardship Appeals Process, for a proposed BESS. COMMITTEE RECOMMENDATION: This item did not go to a Committee and is being sent straight to City Council. Attachment: Draft Ordinance No. 26-O-0024 ===== PDF PAGE 39 ===== ORDINANCE NO. 26-O-0024 AN ORDINANCE GRANTING AN EXCEPTION TO THE TEMPORARY MORATORIUM ON DATA CENTERS AND BATTERY ENERGY STORAGE SYSTEMS FOR TPE IL DU200, LLC WHEREAS, the City of West Chicago approved a Temporary Moratorium on Data Centers and Battery Energy Storage Systems on July 20, 2026, pursuant to Ordinance No. 26-O-0011; and WHEREAS, Section 9 of Ordinance No. 26-O-0011 provides for a Hardship Appeals Process allowing an applicant for either a Battery Energy Storage System or a Data Center to apply for an exception from the Temporary Moratorium; and WHEREAS, Section 9(B) of Ordinance No. 26-O-0011 allows an owner or operator of a proposed Battery Energy Storage System (“BESS”) to file a written request for relief, provided that the owner or operator (i) previously provided notice to the City of an intention to develop the property as of the effective date of the Ordinance, and (ii) the proposed use is considered a permitted use within the district in which the property is located; and WHEREAS, TPE IL DU200, LLC (“Applicant”) has submitted a request for an exception to the Temporary Moratorium under Section 9 of Ordinance No. 26-O-0011; and WHEREAS, the Applicant provided notice to the City on March 9, 2026 of an intention to develop a BESS on three contiguous parcels identified by PINs 04-06-400-020, 04-06-300-016, and 04- 06-400-016 (the “Property”); and WHEREAS, the Property is located in the A Airport District; and WHEREAS, a BESS is considered a permitted use within the A Airport District as a “Public Utility”; and WHEREAS, Section 9(E) of Ordinance No. 26-O-0011 provides that the City Council may grant an exception to the Temporary Moratorium where the applicant complies with all other applicable City ordinances, regulations, and rules; and WHEREAS, the City Council has reviewed the Applicant’s request and finds that the Applicant satisfies the eligibility requirements of Section 9(B) of Ordinance No. 26-O-0011, and that granting the requested exception, subject to the conditions set forth herein, is consistent with Section 9(E) of Ordinance No. 26-O-0011; 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 the City Council hereby grants an exception to the Temporary Moratorium approved under Ordinance No. 26-O-0011 to the Applicant under Section 9 of the Ordinance, for the proposed BESS on the Property, subject to the following conditions: A. The Applicant’s compliance with all other applicable City ordinances, regulations, and rules, including but not limited to review and approval of a development plan application through the City’s standard site plan review process. ===== PDF PAGE 40 ===== SECTION 2. Repeal of Conflicting Ordinances. All prior ordinances and resolutions in conflict or inconsistent herewith are expressly repealed only to the extent of such conflict or inconsistency. SECTION 3. Effective Date. 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 S. 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: _______________________________________ David Carlson, City Clerk PUBLISHED: ______________________