===== PDF PAGE 46 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO CITY COUNCIL AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: __?- E. Extension to Approved Final PUD and Special Use Permit 511 E Roosevelt Road FILE NUMBER: Express Car Wash, Inc. COMMITTEE AGENDA DATE: COUNCIL AGENDA DATE: Sept. 19, 2022 Ordinance No. 22-0-0034 STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE Ax = APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE. ITEM SUMMARY: On September 20, 2021, the City Council approved Ordinance 21-O-0022, which granted a Final Planned Unit Development (PUD) and Special Use Permit (SUP) for the development and operation of a car wash for the property located at 511 East Roosevelt Road in the B-2 General Business District. The petitioner, Dan Gunsteen of Express Car Wash, Inc., submitted for a permit on August 19, 2022 to develop the site and construct the facility. The ordinance approving the Final PUD and SUP did not establish a deadline for when construction must begin. In cases such as this, the Zoning Code stipulates that the Final PUD approval shall expire one (1) year from the date of approval if construction has not commenced, per Section 15.5 (A)(2), and that the SUP approval shall expire one (1) year from the date of approval if the use has not become operational, per Section 5.5-8. In anticipation of not meeting the one (1) year deadline to begin construction or become operational, the petitioner has requested a one (1) year extension affording the petitioner until September 20, 2023 to commence construction on the property and become operational. Section 15.5 of the Zoning Code provides the City Council the ability to grant an extension to an SUP, including the SUP for a Final PUD and car wash. Staff recommends that the approval for the Final PUD and SUP be extended until September 20, 2023 to allow enough time for the site/building permit application to be reviewed and approved and construction to occur. ACTIONS PROPOSED: Approve the (1) year extension requested by Dun Gunsteen of Express Car Wash, Inc. for the previously approved Final PUD and SUP to develop and operate a proposed car wash at 511 E Roosevelt Road. COMMITTEE RECOMMENDATION: A quorum was not present at the September 12, 2022 meeting of the Development Committee and therefore the Chair of the Development Committee directed the item to City Council for full consideration so the petitioner does not lose time for a decision through no fault of their own. Draft Ordinance 22-O0-0034 ===== PDF PAGE 47 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 22-0-0034 AN ORDINANCE GRANTING AN EXTENSION FOR FINAL PLANNED UNIT DEVELOPMENT AND SPECIAL USE PERMIT APPROVAL 511 E WEST ROOSEVELT ROAD WHEREAS, on September 20, 2021, Dan Gunsteen of Express Car Wash, Inc. (the “APPLICANT”), was granted approval for a Final Planned Unit Development and Special Use Permit to the develop and operate a car was facility with respect to the property legally described in Exhibit “A” attached hereto and incorporated herein (the “SUBJECT REALTY”), pursuant to Ordinance 21-O-0022; and, WHEREAS, construction for the facility has not yet begun on the SUBJECT REALTY; and WHEREAS, Section 15.5(A)(2) of the Zoning Code states that Final Planned Unit Development Approval shall expire in one (1) year if construction has not commenced and Section 5.5-8 of the Zoning Code states that special use permits shall expire in one (1) year if they do not become operational; 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 August 31, 2022 the APPLICANT filed a request for an extension of the approved Final Planned Unit Development and 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 Final Planned Unit Development and Special Use Permit for the SUBJECT REALTY granted by Ordinance 21-O- 0022 until September 20, 2023, at which time the Final Planned Unit Development and Special Use Permit shall expire if the use has not become operational. Section 2. That all conditions contained in Section 1 of Ordinance 21-O-0022 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 22-0-0034 Page 1 of 3 ===== PDF PAGE 48 ===== [Extraction: OCR (rendered-page OCR)] PASSED this day of , 2022. Alderman Beifuss | oo Alderman Chassee Alderman Sheehan i Mab, Alderman Brown Alderman Hallett SAE. Alderman Dettman Alderman Birch-Ferguson — | Alderman Dimas Alderman Swiatek Wye Alderman Garling Alderman Stout ze. Alderman Short Alderman Jakabesin sas 1 Alderman Morano APPROVED as to form: City Attorney APPROVED this__day of , 2022. Mayor Ruben Pineda ATTEST: Deputy City Clerk Valeria Perez PUBLISHED: Ordinance 22-O-0034 Page 2 of 3 ===== PDF PAGE 49 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “A” Subject Realty Legal Description LOT 2 IN THE BLUESTONE SINGLE TENANT PROPERTIES SUBDIVISION IN PART OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 39 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 28, 2016 AS DOCUMENT R2016-1-5618, IN DUPAGE COUNTY, ILLINOIS. Tax ID Number: 04-15-301-007 Ordinance 22-0-0034 Page 3 of 3