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HomeMy WebLinkAbout7.3 PZ 01-19 1701 W. Golf Road / First Reading of an Ordinance Granting Conditional UseAgenda Item Details Category Subject Access Type Preferred Date Absolute Date Fiscal Impact Budgeted Recommended Action Public Content Information Page I of 2 Mar 05, 2019 - REGULAR MEETING OF THEM UT PROSPECT VILLAGE BOARD - 7:00 p.m. 7.3 PZ -01-19 / 1701 W. Golf Road / David Daly / 1st reading of an ORDINANCA-11 GRANTING A CONDITIONAL USE FOR 1701 W. GOLF ROAD Public Action Mar 05, 2019 Mar 05, 2019 No No Approval of a Conditional Use to allow for a massage therapy establishment &I 1701 W. Golf Road. The Petitioner, David Daly, is seeking a conditional use to allow for a massage therapy establishment in the space known as 1701 W. Golf Road, part of the multi -tenant shopping center commonly known as Golf Plaza I. The Subject Property is zoned B-3 Community Shopping, is located at the southwest corner of Golf Road and Busse Road. Petitioner's Proposal As seen in the attached plans, the Petitioner is proposing to utilize the vacant tenant space in th southeastern corner of the shopping center. The space has been vacant since 2016 and is currentl designed for a massage therapy use, with various massage rooms, storage rooms, a sauna room an shower room. The business will operate from 900 AM to 900 PM seven days a week, and all employee* will be licensed through the Illinois Department of Financial and Professional Regulation. The shoppin I center provides sufficient parking for existing uses and the proposed massage therapy establishment. I History of the Subject Property The previous tenant of the Subject Property was also a massage therapy establishment. Sky One Spa which obtained a business license in July 2013, had its operation and business license revoked in Augu 2016 due to multiple violations. A mandatory period of twenty-four (24) months was put in place as result of the revocation where no license was able to be granted to any person for the conduct of massage establishment at this address. The period expired in November 2018. 1 Village Regulations The Petitioner has supplied the Village with required paperwork thus far as it relates to business licensing requirements cited in Sections 11.3901, which include state licensing for all massage therapists (copies of Page 2 of 2 licenses are attached). In addition, code requires fingerprinting and three personal references be submitted by the owner/applicant prior to the issuance of a business license. Public Comment Staff has not received any comment, written or otherwise, from the public voicing concern about the proposed establishment. The Planning and Zoning Commission considered the requests at the Public Hearing held on February 14, 2019, and recommended approving the Petitioner's requests for a zoning map amendment and a conditional use by a vote of 6-0. Alternatives 1. Approve a conditional use permit to operate a massage therapy establishment at 1701 W. Golf Road. 2. Action at discretion of Village Board. Staff Recommendation Village staff recommends that the Village Board approve the Conditional Use request, as the proposal meets the conditional use standards and that granting such request would be in the best interest of the Village. is .pff (1,21.2 Adin �istrative C&nte�nt.pdf (19,31.1. KB) P. KB) ord �pz 01-1.9 CLJ 1.701. w golf (002).pdf (1-5 KB) Administrative Content Executive Content Motion &Voting Approval of a Conditional Use to allow for a massage therapy establishment at 1701 W. Golf Road. Motion by Paul Hoefert, second by Colleen Saccotelli. Final Resolution: Motion Carries Yea: William Grossi, Eleni Hatzis, Paul Hoefert, Richard Rogers, Colleen Saccotelli, Michael Zadel Village of Mount ProspectP Community Development department CASE SUMMARY- PZ -01-19 LOCATION: PETITIONER: OWNER: PARCEL #: LOT SIZE: ZONING: LAND USE: REQUEST: 1701 W. Golf Road David Daly Golf Plaza I, LLC [II:� F�►�illt�ll f QIIIIIII, 6.88 acres (299,705 sq. ft.) B-3 Community Shopping Retail Conditional use approval for a massage therapy establishment LOCATION MAP Village of Mount Prospect Community Development Department TO: FROM: DATE: HEARING DATE SUBJECT: MEMORANDUM MOUNT PROSPECT PLANNING & ZONING COMMISSION JOSEPH P. DONNELLY, CHAIRPERSON CONNOR HARMON, DEVELOPMENT PLANNER JANUARY 30, 2019 FEBRUARY 14, 2019 PZ -01-19 / 1701 W. GOLF RD. / CONDITIONAL USE FOR A MASSAGE THERAPY ESTABLISHMENT BACKGROUND A public hearing has been scheduled for the February 14, 2019 Planning and Zoning Commission meeting to review the application by David Daly (the "Petitioner") regarding the property located at 1701 W. Golf Road (the "Subject Property"). The Petitioner has requested conditional use approval to allow for a massage therapy business. The P&Z hearing was properly noticed in the January 30, 2019 edition of the Daily Herald Newspaper. Staff completed the required written notice to property owners within 250 feet and posted a public hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the southwest corner of Golf Road and Busse Road and contains a multi -tenant shopping center with related improvements. The Subject Property is zoned B-3 Community Shopping. It is bordered by the R -A Single Family Residential district to the west, the R-4 Multi -Family Residential district to the south, the B-3 Community Shopping district to the north, and the B-3 Community Shopping and R-1 Single Family Residential districts to the east. The tenant space that the proposed massage therapy business is to locate has been vacant since 2016. The previous business, a massage therapy establishment, was closed and had its business license revoked due to improper activities taking place on site. A mandatory period of twenty-four (24) months was put in place as a result of the revocation where no license was able to be granted to any person for the conduct of a massage establishment. The period expired in November of 2018. SUMMARY OF PROPOSAL The Petitioner proposes to locate a massage therapy establishment on the Subject Property, which requires conditional use approval. The proposed hours of operation will be from 9:00 AM to 9:00 PM. The Petitioner states that the business will have only two employees at the business's inception, with the intention to add one (1) to two (2) more employees in the near future. All employees are licensed through the Illinois Department of Financial and Professional Regulation, with licenses that must be renewed before the end of 2020. No significant changes are proposed to the interior of the space. The Petitioner plans to largely reuse the existing floor plan as the previous business was also a massage therapist. Parking — The proposed shopping center provides sufficient parking for existing uses and the proposed massage therapy establishment. Per Village Code, the ninety thousand (90,000) square foot shopping center requires four hundred five (405) parking stalls. Four hundred twenty (420) parking stalls are provided on site. PZ -O l -19 Page 3 Planning & Zoning Commission Meeting February 14, 2019 APPROVAL STANDARDS The standards for conditional uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a conditional use. The following list is a summary of these findings: The conditional use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; The conditional use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; Adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets; and Per the Petitioner, the proposed massage establishment will not have a detrimental impact or be injurious to surrounding properties. The Petitioner states the business will be completely contained within its own office space and will not affect surrounding properties. Adequate public utilities, access roads, drainage and/or necessary facilities are currently provided. The Petitioner states that all massage therapists will be licensed with the State of Illinois. The subject property previously had a massage establishment, Sky one Spa, which obtained a business license in July, 2013. This was a permitted use at the time, and required no conditional use approval. Subsequently, the establishment had its business license and operation revoked in August, 2016 due to multiple violations. Per Section 11.3908 of the Village Code: "If a license has been revoked for any cause, no license shall be granted to any person for the conduct of the business of a massage establishment at that location for a period of twenty four (24) months." The mandatory twenty-four (24) month period has passed, and a business license may now be granted if a conditional use for a massage establishment is approved. Staff has reviewed the Petitioner's request for a massage therapy establishment and feels that it meets the standards for a conditional use. Both employees are licensed massage therapists with the State of Illinois whose licenses do not expire until the end of 2020. The Village's Comprehensive Plan designates the property's future use as corridor commercial. The corridor commercial district provides for large format retail, restaurant, and other commercial uses. Secondary uses include medical, entertainment, hotel, and office uses. The proposed massage therapy use complies with the Comprehensive Plan and sufficient parking is provided on site. Staff does not feel the proposed use would have a detrimental impact as it is consistent with other commercial activity on the Subject Property. RECOMMENDATION Staff finds that the conditional use complies with the standards as listed in the Zoning Ordinance and that granting such a request would be in the best interest of the Village. Staff recommends that the Planning & Zoning Commission make a motion to adopt staff's findings as the findings of the Planning and Zoning Commission and recommends approval of the following motion: "To approve: 1. A conditional use to operate a massage therapy establishment at 1701 W. Golf Road." The Village Board's decision is final, I concur: William J. Cooney, AIC Director of Community evelopment HAPLAMPI ... ing&Z.O.g C.OMMT&Z2019tStffRepo,LTZI)t-19 POt W Golf Rd (CU-MessageThe.py)d—� I MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -01-19 Hearing Date: February 14, 2019 PROPERTY ADDRESS: 1701 W. Golf Road PETITIONER: David Daly PUBLICATION DATE: January 30, 2019 REQUEST: CU: Massage Therapy Establishment MEMBERS PRESENT: William Beattie Agostino Filippone Walter Szymczak Thomas Fitzgerald Norbert Mizwicki Joseph Donnelly MEMBERS ABSENT: Sharon Otteman Lisa Griffin STAFF MEMBERS PRESENT Connor Harmon - Development Planner Consuelo Arguilles- Deputy Director Bill Cooney- Director of Community Development INTERESTED PARTIES: David Daly Commissioner Beattie called the meeting to order at 7:04 pm. Commissioner Beattie made a motion seconded by Commissioner Mizwicki to approve the minutes from the Planning and Zoning Commission meetings on January 10 and January 24, 2019. The minutes were approved 6-0. Chairman Donnelly introduced case, PZ -01-19 1701 W. Golf Road as a Conditional Use to allow a massage therapy establishment. This case is Village Board final. Mr. Harmon gave a brief description of the Subject Property and explained that it has been vacant since 2016. The previous business, a massage therapy establishment, was closed and had its business license revoked due to improper activities taking place on site. A mandatory period of twenty-four (24) months was put in place as a result of the revocation where no license was able to be granted to any person for the conduct of a massage establishment. The period expired in November of 2018. Mr. Harmon gave a brief description of the Petitioner's proposal stating that the Petitioner plans on reusing the existing floor plan as the previous business was also a massage therapist. Mr. Harmon stated, per the Petitioner, the business will be completely contained within its own office space and will not affect surrounding properties. Adequate public utilities, access roads, drainage Planning & Zoning Commission Meeting- February 14, 2019 PZ -01-19 Joseph Donnelly, Chair 2 and/or necessary facilities are currently provided. The Petitioner states that all massage therapists will be licensed with the State of Illinois. Mr. Harmon stated that Staff has reviewed the Petitioner's request for a massage therapy establishment and feels that it meets the standards for a conditional use. Both employees are licensed massage therapists with the State of Illinois whose licenses do not expire until the end of 2020. The Village's Comprehensive Plan designates the property's future use as corridor commercial. The proposed massage therapy use complies with the Comprehensive Plan and sufficient parking is provided on site. Mr. Harmon stated that Staff finds that the conditional use complies with the standards as listed in the Zoning Ordinance and that granting such a request would be in the best interest of the Village. Staff recommends that the Planning & Zoning Commission make a motion to adopt staff's findings as the findings of the Planning and Zoning Commission and recommends pRpLoval' of the following motion: "To approve: 1. A conditional use to operate a massage therapy establishment at 1701 W. Golf Road." He stated the Village Board's decision is final. Commissioner Beattie asked if the Police Department had any concerns about the new applicant given the history of the previous business located at the Subject Property. Mr. Harmon stated that the Police Department did not have any concerns. Chairman Donnelly swore in David Daly 1002 Ranchwood Drive, Shorewood Illinois. Mr. Daly stated gave a brief history of his background and stated that he plans to mimic the larger massage companies' philosophies. He stated his company will focus more on the needs of the clients and will be evaluated by intake sheets which each client will need to fill out before their massage. There was some general questions regarding future employees and the hiring process. Mr. Daly stated that he plans to hire in the near future and all of his employees will be properly licensed. He stated that he chose the Subject Property because it is setup as a massage therapy establishment and will save him a lot of money. Hearing no further comments Chairman Donnelly closed the hearing and asked for a motion. Commissioner Filippone made a motion seconded by Commissioner Fitzgerald to approve the following motion: 1. A conditional use to operate a massage therapy establishment at 1701 W. Golf Road. UPON ROLL CALL AYES: Fitzgerald, Beattie, Mizwicki, Filippone, Szymczak, Donnelly NAYS: None Planning & Zoning Commission Meeting- February 14, 2019 PZ -01-19 Joseph Donnelly, Chair The motion was approved 6-0 with a positive recommendation to the Village Board. After hearing two additional cases, Commissioner Filippone made a motion seconded by Commissioner Beattie and the meeting was adjourned at 9:18 pm. lna Moder ministrative Assistant Planning & Zoning Commission Meeting- February 14, 2019 PZ -01-19 Joseph Donnelly, Chair Village of Mount Prospect Community Development Department 50 S. Emerson Stree Mount Prospect, Illinois 60056 Phone: (847) 818-5328 Zoning Request Application i Official Use Only (To be completed by Village Staff) Case Number: P&Z - Date of Submission: Hearing Date - Project Name/Address: 1. Subject Property Address(es): Zoning District (s): Property Area (Sq. Ft. and/or Acreage): Parcel Index Number(s) (PIN(s): 11, Zgning Request(s) (Check all that apply) YSonditional Use-, F�Or C7O I tV Q L E:1 Variation(s): To_ M Zoning Map Amendment: Rezone From To Zoning Text Amendment: Section(s) Other: IV. Applicant fail correspondence will be sent to the applicant) Name: Corporation: Address: City, State, ZIP Code: Z.--ZL-A�-q4C Phone: Email: Interest in Property: (e.g. owner, buyer, developer, lessee, architect, etc..) M V. Property Owner Check if Same as Applicant Name: J Corporation: Address: i 4, City, State, ZIP Code: Phone: Email: Y"' - --- ------ �'J-- - - ---- In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request, The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agent's permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. Applicant: Date: (Signature) (Print or Type Name) If applicant is not property owner: I hereby designate the applicant to act as application and the associatl supporting r or Type Name) for the purpose of seeking the zoning request(s) described in this Date: - "utdFY ruDlIc Of other officer completing this certificate Verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or valid of that document. - I validity (�O"" SCUA under oath, state that I am (print name) the sole owner of the property Zan owner of the property D an authorized officer for the owner of the property commonly described as / 7 1"U (property address and PIN) I # " and that such property is owned by 9 as of this date. (print name) :Sig 4. tu re Subscribed and sworn to before A me thist1 of Ct t I WL"yV\ 20 ov I T. NGUYENVU M Comm.# 2245143 NOTARY PUBLIC -CALIFORNIA V1 OM rMK[x0 COUNTY MY COMM. EXP. JUME 3, 2022 Notary Pu is This document prepared by : Name: Michael R. Lacy Firm/Company: Lacy & Associates LLC Two Mid America Plaza Address: Route 83 & 22oid St. Suite 800 City, State, Zip: Phone vCA' '+�[� S 9 5 1 O�-' �A Oakbrook Terrace, Illinois 60181 630-873-3484 Doc#: 1532129013 Fee: $44.00 RHSP Fee:$9.00 RPRF Fee: $1.00 Karen A.Yarbrough Cook County Recorder of Deeds Date: 1 i 117l2W 5 12:27 PM Pg: 1 of 4 ------Above This Line Reserved For Official Use Only--------- WARRANTY DEED (LLC to LLC) THIS INDENTURE WITNESSETH, That GOLF PLAZA I SHOPPING CENTER, LLC, an Illinois limited liability company organized and existing under the laws of the State of Illinois, whose principal offices are located at 285 West Dundee Road, Palatine, Illinois 60074, hereinafter, referred to as "Grantor", conveys and warrants to GOLF PLAZA I, LLC, a Delaware limited liability company whose principal offices are located at 549 47' Ave., San Francisco, CA. 94121 hereinafter referred to as "Grantee", for the sum of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, the following real estate in Cook County, in the State of Illinois: Address: 1701 -1753 W. Golf Road, Mt. Prospect, Illinois 400,6 PIN #: 08-15-203-011-0000 TO HAVE AND TO HOLD same unto Grantees, and unto Grantees' heirs and assigns forever, with all appurtenances thereunto belonging. SUBJECT TO; (a) General Real Estate Taxes not yet due and payable, (b) Special assessments confirmed after the date hereof; (c) Building, building liner and use of occupancy restrictions, conditions and covenants of record, (d) Zoning laws and ordinances; (e) Easements for public utilities; (f) Drainage ditches, feeders, laterals and drain tile, pipe or other conduit; and (g) any matter that would be disclosed by an ALTA survey of the Land. GRANTOR does for Grantor and Grantor's heirs, personal representatives, executors and assigns forever hereby covenant with GRANTEE that Grantor is lawfully seized in fee simple of said premises; that the premises are free from all encumbrances, unless otherwise noted above; that Grantor has a good right to sell and convey the same as aforesaid; and to forever warrant and defend the title to the said lands against all claims whatever. The undersigned persons executing this deed on behalf of said Grantor company represent and certify that they are duly elected Manager of said company and has been fully empowered, by the unanimous consent of the Members of said company to execute and deliver this deed; that the Grantor company has full legal capacity to convey the real estate described herein and that all necessary company action for the making of such conveyance has been taken and done. - Limited Warranty Deed - Page 1 - IN WITNESS WHEREOF, the said Grantor has caused this deed to be executed this 10th day of November 2015. GOLF PLAZA I SHOPPING Cly R, LLC Anthony DiMuccieon"y t personally, but solely as Trustee of the Ant DiMucci Declaration of Trust Manager, Golf Plaza I Shopping Center, LLC STATE OF .xi11k1d ) SS. COUNTY OF } I the undersigned, a Notary Public in, and for said County and State aforesaid, DO HEREBY CERTIFY that Anthony DiMucci, solely in his capacity as Trustee of the Anthony P. DiMucci Declaration of Trust, the Manager of Golf Plaza I Shopping Center, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as of their free and voluntary act, for the uses and purposes therein set forth Given under my hand and notarial seal this 10th day of November 2015. nrmrm�v OFFICIAL SEAL LYNN KENNEDY -YOUNG Notary Public NOTARY PUBLIC, STATE OF ILLINOIS LAKE COUNTY MY COMMISSION EXPIRES 07-17-2018 After Recording Return Deed To: Send Tax Bill to:: Golf Plaza 1, LLC Golf Plaza I, LLC 549 471" Avenue 549 47t° Avenue San Francisco, CA 94121 San Francisco, CA. 94121 REAL ESTATE TRANSFER TAX 16 -Nov -2015 COUNTY: 3,827.50 ILLINOIS: 7,655.00 '- TOTAL. 11,482.50 08-15-203-011-0000 1 20151101642802 2-075-53128 I 1� 1 VILLAGE OF MOUNT PROSPECT i( 111 i ANSFEf[ TAX it 1► 42272 - Limited Warranty Deed - Page 2 - EXHIBIT A LEGAL DESCRIPTION THAT PART OF: LOT 1 IN GOLF BUSSE CONSOLIDATION RESUBDIVISION, A RESUBDIVISION OF LOTS 1 AND 2 IN GOLF-BUSSE SUBDIVISION .IN THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH 78 DEGREES 30 MINUTES 13 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 1, 899.67 FEET TO THE SOUTHWEST CORNER OF LOT 1; THENCE NORTH 00 DEGREES 28 MINUTES 17 SECONDS EAST, ALONG THE WEST LINE OF SAID LOT 1, 387.24 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 78 DEGREES 26 MINUTES 10 SECONDS EAST ALONG THE NORTH LINE OF SAID 1,529.73 FEET TO A BEND POINT ON THE NORTH LINE OF SAID LOT 1; THENCE SOUTH 76 DEGREES 29 MINUTES 38 SECONDS EAST, ALONG THE NORTH LINE OF SAID LOT 1, 225.87 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1; THENCE SOUTH 11 DEGREES 11 MINUTES 13 SECONDS WEST, 180.05 FEET; THENCE SOUTH 20 DEGREES 35 MINUTES 26 SECONDS EAST, 74.26 FEET; THENCE SOUTH 78 DEGREES 28 MINUTES 33 SECONDS EAST, 152.76 FEET TO A POINT ON THE EAST LINE OF SAID LOT 1; THENCE SOUTH 00 DEGREES 27 MINUTES 00 SECONDS WEST, ALONG THE EAST LINE OF SAID LOT 1, 130.93 FEET, TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS ADDRESS: 1701-1753 W. Golf Road, Mt. Prospect, Illinois &006-�' PIN#: 08-15-203-011-0000 PLAT ACT AFFIDAVIT STATE OF ILLINOIS) , )SS. COUNTY OF COOK ) Anthony DiMucci being duly sworn on oath, states that he resides at 285 West Dundee Road, Palatine, Illinois 60074, That the attached deed is not in violation of Section 1 of the Plat Act (765 ILCS 205/1) for one of the following reasons: Section A. Said deed is not applicable as the grantors own no adjoining property to the premises described in said deed. OR Section B. The conveyance falls within one of the following exemptions set forth in the Act at paragraph (b) of 1: OThe division or subdivision of land into parcels or tracts of 5 acres or more in size which does not involve any new streets or easements of access; 2. The division of lots or blocks of less than I acre in any recorded subdivision which does not involve any new streets or easements of access; 3. The sale or exchange of parcels of land between owners of adjoining and contiguous land; 4. The conveyance of parcels of land or interests therein for use as a right of way for railroads or other public utility facilities and other pipe lines which does not involve any new streets or easements of access; 5. The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access; 6. The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use; 7. Conveyances made to correct descriptions in prior conveyances; 8. The sale or exchange of parcels or tracts of land following the division into no more than 2 parts of a particular parcel or tract of land existing on July 17, 1959 and not involving any new streets or easements of access; 9. The sale of a single lot of less than 5 acres from a larger tract when a survey is made by an Illinois Registered Land Surveyor; provided, that this exemption shall not apply to the sale of any subsequent lots from the same larger tract of land, as determined by the dimensions and configurations of the larger tract on October 1, 1973, and provided also that this exemption does not invalidate any local requirements applicable to the subdivision of land. 10. The preparation of a plat for wind energy devices under Section 10-620 of the Property Tax Code, CIRCLE LETTER OR NUMBER WHICH ISAPPLICABLE TO ATTACHED DEED. Affiant further states that he makes this affidavit for the Se of mduci Recorder of Deeds of Cook County, Illinois to accept the attached deed far r ordin SUBSCRIBED AND SWORN to before me This _ day of . _ _.. ., T Y PUBLIC ' LYNN KENNEDY -YOUNG NOTARY PUBLIC, STATE OF ILLINOIS LAKE COUNTY MY COMMISSION EXPIRES 07-17-2018 SUMMARY OF LEASE TERMS THIS SUMMARY OF LEASE TERMS (this "Summary") is attached to and an integral part of the Shopping Center Lease ("Lease") dated as of November 1, 2018, by and between Golf Plaza I LLC, a Delaware Limited Liability Company C/O Edward Jong, as landlord ("Landlord"), and JHO Therapy, Inc., as tenant ("Tenant"). In the event of any conflict and/or ambiguity between the terms of this Summary and the terms of the Lease, the terms of the Lease shall prevail. Capitalized terms used but not defined in this Summary shall have the meanings ascribed thereto in the Lease. SHOPPING CENTER: Golf Plaza I Shopping Center LEASED PREMISES: 1701 W. Golf Road Mount Prospect, Cook County, Illinois, consisting of approximately 1,400 rentable square feet and commonly known as Golf Plaza I Shopping Center, a 82,748 square feet shopping center. TERM: Five (5) years, with One (1) options to renew for Five (5) years COMMENCEMENT DATE: November 1, 2018 RENT COMMENCEMENT DATE: 60 days after governmental approvals are received necessary to operate tenant's store in the premises, or opening of tenant's business, whichever is earlier. EXPIRATION DATE: November 1, 2023 LEASE OPTION: One five (5) year option to renew. BASE RENT: $1,400.00 monthly with 3% increases per annum effective at the beginning of the P lease year for the remaining lease term and lease option period. SECURITY DEPOSIT: $1,400.00 PERMITTED USE: Massage Therapy LEASE CONTINGENCY: This lease is contingent upon the issuance of a business license from the village of Mt. Prospect for use as Massage Therapy. NOTICE ADDRESSES: Tenant: At Premises Telephone: Email: Landlord: Golf Plaza I LLC c/o Mark C. Brennan Edgemark Asset Management, LLC 2215 York Road, Suite 503 Oak Brook, IL 60523 Telephone: (630) 572-5616 Email: MBrennan(an edaemarkllc.com t�0d�rs, Geagl't*,:u�a S t:i,�:, s� ilm:a�u�iz 1 r ris l.rxa h y f n; :,`&Wkr4 Jock I r ttg ar VILLAGE OF MOUNT PROSPECT PLAN COMMISSION Petitioner: David Daly Proposed Business: Day Spa and Massage Establishment Subject Address: 1701 W. Golf Rd. Re: Application for Conditional Use — Additional Information Dear Sirs and Madams, My business will be open for operation from 9:00 a.m. to 9:00 p.m. The business will have two employees to start, but I intend to add one to two more employees in the near future. A copy of the employees' license is attached. We will be providing massage and sauna services. The elevation of the space (front fagade) is also attached. David Daly Department of Financial and Professional Regulation Division of Professional Regulation LICENSE NO. The perw% film, or corporation whose ne'neappen'$ on this cedfficat. has —PIL-d with EXPIRES: the PrcWm"`s of ffia tfll�is statubeas andfor mites and regulationsand Is hereby authorized227.019560 to engage in the activity as indicated W- 12/31/2020 LICENSED MASSAGE THERAPIST DAVID M DALY 1002 RANCHWOOD DR SHOREWOOD, IL 60435 M BRYAN A- SCHNEIDER SECRETARY The offt cial )a verified at, www,jdf Morn p � , _ __ _ JESSICA --------------------------------------------- BAER DIRECTOR Cut on Hotted Line -1-4- For future reference, IDFPR is now providing each person/business a unique identification number, 'Access ID', which may be used in 1 lieu of a social security number, date of birth or FEIN number when contacting the IDFPR. Your Access ID is: 3161761 ----------------------------------------------------------------- LICENSE NO, Department of Financial and Professional Regulation 227.019560 Division of Professional Regulation LICENSED MASSAGE THERAPIST B if DAVID M DALY EXPIRES: 1213112020 BRYAN A. SCHNEIDER JESSICA BAER SECRETARY DIRECTOR The official Status of this license can be verified at www.ld r.co fp M ----------------------------------------------------------- Out on Dotted Line ISE NO. Department of Financial and Professional Regulation 013889 Division of Professional Regulation ,xytirt LICENSED MASSAGE THERAPIST KATY TAYLOR 1 213 112020 / BRYAN A. SCHNEIDER V. Jaw SECRETARY ,JESSICA BAF -1 DIRECTOR The official status of this license can be vagflad_ai www.idfpr.com VILLAGE OF MOUNT PROSPECT PLAN COMMISSION Petitioner: David Daly Proposed Business: Day Spa and Massage Establishment Subject Address: 1701 W. Golf Rd. Re: Application for Conditional Use - Standards for Conditional Use Dear Sirs and Madams, Pursuant to the Mount Prospect Zoning Ordinance, I attest that I will fully and strictly comply with the conditional use requirements, and in support thereof, I respond to the requirements as follows: 1. The establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare. The business I intend to run will be a professional and classy spa and massage establishment. The business facility will be kept clean, safe, and appealing at all times. The business will have visibility from outside so that prospective customers would have a clear view of what kind of establishment my business is. I will only employ massage therapists who are licensed by the State of Illinois and who have not been convicted of any crime. 2. The conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, not substantially diminish and impair property values within the neighborhood in which it is to be located. The location of the proposed business is in a business district and there are many other businesses in the shopping mall complex. Customers can therefore patronize many different businesses with just one stop. My business hours will be from 9:00 a.m. to 9:00 p.m. Therefore, any car traffic or noise which may come from my customers will end by the time people in the neighborhood turn off their lights. 3. The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. The business will cater to both men and women. Massage will be provided only by licensed therapists and mostly for therapeutic purposes. Many people have back and neck problems who are in need of a therapeutic massage. Many people are stressed from work and need to relieve their muscles caused by stress and labor. Some people simply would like to relax in a sauna and receive a soothing massage. No matter who the customers are and what their reason for wanting a massage is, my business can accommodate their needs. Once people realize the legitimacy and useful purpose of my business, perhaps other service-oriented businesses such as a nail salon, beauty salon or tanning salon would take space in the shopping mall. This would improve the development of the shopping mall complex as well as the neighborhood. 4. The shopping mall complex in which my business will take place already has adequate public utilities, access to roads, and drainage. The size and the type of my business will not add any stress to such infrastructure. 1 5. The shopping mall complex in which my business will take place already has ingress and egress designed to minimize traffic congestion in the public streets. Based on the size of my business (approximately 1,400 Sq. Ft.) and my expectation that there will not be more than two or three customers at any given time, there will be no added stress to traffic congestion in the public streets. 6. Based on the foregoing, the proposed conditional use is not contrary to the objectives of the current Comprehensive Plan for the Village of Prospect. There is a need for legitimate massage for the reasons stated above and the business will be useful for many people in the community. 7. The conditional use will, in all other respects, conform to the applicable regulations of the district in which it is located. My business will be in full and continuing compliance with any and all applicable codes of the Village. David Daly 2 Business Plan for JHO Therapy, Inc I. Mission Statement. Our mission is to run a profitable business by providing a variety of styles of massage such as deep tissue massage, sports massage, hot stone massage, and reflexology. II. Keys to Success. a. Marketing and advertisement: i. Advertising on the internet and social media. ii. Local newspapers and magazines. iii. Yelp and other business directories. iv. Coupons. b. Professionalism: i. Maintaining a clean and professional facility. ii. Training employees to be courteous and kind. iii. Providing quality service at reasonable rates. c. Employment of the right people: i. Background checks. ii. Employing only therapists licensed by the State of Illinois. iii. Proper training of employees in dealing with customers. iv. Employing sufficient number of therapists. d. Individual attention: i. Intake — What does the customer want/need? ii. Catering to only what customers want/need and not extra selling. iii. Encouraging each therapist to develop a relationship with his/her customers for continuous business and for referrals. iv. Keeping customers' information confidential. III. The next step. By making the business profitable, we will be able to give back to the community by providing nothing but the best service, making donations to various charitable programs, and providing employment opportunities to the people in the community. lo BATHROOM 10 A SROMR MASSAGE MASSAGE ROOM#Z ROOM #1 STORAGE 1 112 ill 1 1 1 g 6'-0' 8'-10' 8-10" 7' -8' HALLWAY 1 108 EXISTING COUNTER — EXiSTING SPACE HAS BEE 4 1 2 1 0 2 4 8 12 FT N VERIFIED UNDER W SUPERSASION. 1 ST FLOOR PLAN 2 AU DOORS, AND =U -S ARE EXISTING iO RENNIN. AZ.1 1 A = J. -O. iz JOHN Y. KIM & PN� DESIGN BUILD O Lu 8-0- LA 0 < 0 /^11 ILL 7 -6' 0— 6 -Z' MASSAGE 7 ROOM d3 iNs MASSAGE ROOM#4 DRYSAUNA 1 l06 1 107 EMPLOYEE WAITING z; RECEPTION I lol 1 102 EMPLOYEE 7 UTILITIES F, BREAI<ROOM 104 � 103 9-10' 6 17 EXISTING COUNTER — EXiSTING SPACE HAS BEE 4 1 2 1 0 2 4 8 12 FT N VERIFIED UNDER W SUPERSASION. 1 ST FLOOR PLAN 2 AU DOORS, AND =U -S ARE EXISTING iO RENNIN. AZ.1 1 A = J. -O. iz JOHN Y. KIM & PN� DESIGN BUILD O Lu < LA 0 < 0 tj ILL Z ui 0— LLI ISSUE COR 0 ®r VS o 2709 1707 77� 2703 —f— 17p1 qq . PLAT OF SURVEY rwa i ssewis er..�, —OF— CCINT . FILE NIFF1 LINE �l LCI 1� THENCE ICLHL 11 FEIIEEI �l Nl,CFEl 11 1-11 .1, -1 FILE NCE'Ll LINE Cl 101 HFF 1FELL 1� INILL 1EFIC,0NP,­lT 180,05 FEET TIENCE EOUTI 20 NEOREEC 35 MINUTES 215 I I I �' [45y� Wy /e(e drd,1 Abu w MsTHE N0FHH LINE OF�LOT 1� o5FEEx H 11 DECREEC 11 [S NoEtl 111 EHCE�MOT Cl THE EtCH OF Cl � D oEceEEs eE uxu Es w CEwmos -- uamc,znxEof,swo xiv, Er,, o" Pon oemxxc, x PROPERNR299)05 6 882EScoo n wum ,n uxo s. a, d o OOc �u Oa I 5 U aro EXIS V a S T C OMMERCIAL L ING CENT£ �. R aws o�a ��,wW,�so,a :woao'Ex, wo,w<:ww moa wu,NE,,,,. pox m,G,G,m I io ,os,899.67 N�aao.3w gin'="`� o o o 11 xrvw� HNFC� wwx,:aa«PwowOowyL�,w�GHrs oa a�oLoxPoann„[u�A oxo awxW roµw,�, oGoxd 1. HEI a, W w aeEww. w,oE xwxEw reo-xnw.m ar,oE ew, oonox erea'M. ,a a ou,o A ,ae a' � a a ✓ �. e e, „ o ma E . .m, ORDINANCE NO AN ORDINANCE GRANTING A CONDITIONAL USE FOR PROPERTY LOCATED AT 1701 W. GOLF ROAD, MOUNT PROSPECT, ILLINOIS WHEREAS, David Daly ("Petitioner'), is seeking a conditional use to allow for a massage therapy establishment for property located at 1701 W. Golf Road and legally described as: THAT PART OF: LOT 1 IN GOLF-BUSSE CONSOLIDATION RESUBDIVISION, A RESUBDIVISION OF LOTS 1 AND 2 IN GOLF-BUSSE SUBDIVISION IN THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH 78 DEGREES 30 MINUTES 13 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 17 899.67 FEET TO THE SOUTHWEST CORNER OF LOT 1; THENCE NORTH 00 DEGREES 28 MINUTES 17 SECONDS EAST, ALONG THE WEST LINE OF SAID LOT 17 387.24 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 78 DEGREES 26 MINUTES 10 SECONDS EAST, ALONG THE NORTH LINE OF SAID LOT 1,529.73 FEET TO A BEND POINT ON THE NORTH LINE OF SAID LOT 1; THENCE SOUTH 76 DEGREES 29 MINUTES 38 SECONDS EAST, ALONG THE NORTH LINE OF SAID LOT 17 225.87 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1; THENCE SOUTH 11 DEGREES 11 MINUTES 13 SECONDS WEST, 180.05 FEET; THENCE SOUTH 20 DEGREES 35 MINUTES 26 SECONDS EAST, 74.26 FEET; THENCE SOUTH 78 DEGREES 28 MINUTES 33 SECONDS EAST, 152.76 FEET TO A PONT ON THE EAST LINE OF SAID LOT 1; THENCE SOUTH 00 DEGREES 27 MINUTES 00 SECONDS WEST, ALONG THE EAST LINE OF SAID LOT 17 130.93 FEET, TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS P I N : 08-15-203-011-0000 WHEREAS, the "Petitioner' seeks a Conditional Use to allow a massage therapy establishment; and WHEREAS, a Public Hearing was held on the request for a Conditional Use being the subject of PZ -01-19 before the Planning and Zoning Commission of the Village of Mount Prospect on the 14th day of February pursuant to proper legal notice having been published in the Daily Herald Newspaper on the 30th day of January 2019; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the request meets the standards of the Village and that the granting of the Conditional Use to allow a massage therapy establishment would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That the recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES- YES: NAYS- NAYS: ABSENT- ABSENT: PASSED PASSED and APPROVED this, day of March, 2019. Arlene A. Juracek Mayor ATTEST: Karen M. Agoranos Village Clerk