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Home My WebLink About8.3 1st reading of AN ORDINANCE GRANTING A CONDITIONAL USE TO OPERATE A SPORTS TRAINING AND TEACHING ESTABLISHMENT FOR THE PROPERTY LOCATED AT 2060 CARBOY ROAD (PZ-01-22)Mr�GauC �'d'+rt;�iect Subject Ist reading of ! c, CONDITIONAL TO OPERATE TRAINING AND TEACHING ESTABLISHMENT • THE PROPERTY LOCATED AT 2060 CARBOY ROAX; Meeting February 15, 2022 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - Fiscal Impact false Dollar Amount Budget Source Category NEW BUSINESS Type Action Item The Petitioner proposes to operate a sports training and teaching establishment at 2060 Carboy Road, also known as the Subject Property. The Petitioner currently operates 2 existing facilities in the Village, a training center at 412 E. Business Center Drive, and a player development academy at 604 W. Central Road. The business, Playball USA, specializes in baseball and softball training focused on individual development of children ages 4 years old and up. Specific training varies, however services include individual lessons, group lessons, and team practices related to pitching, hitting, defense, running drills, and team strategy. The business has been operating at the Kensington Business Center location for 9 years and the Central Road location for 2 years. While the Petitioner obtained a conditional use to operate at the Business Center location, the Petitioner is proposing to move the training center to the Subject Property. Because the sports training and teaching establishment is moving to a different location, a new conditional use is required to operate. The proposed use will have similar elements to the existing location, including large open areas of artificial turf, retractable batting cages, and mounds for pitching and catching. Hours of operation from Monday -Friday will be 3 PM -10 PM, 1 and Saturday and Sunday will be 8 AM -8 PM. The Petitioner expects that no more than 50 individuals would be within the facility at any one time. This includes 2-3 employees on shift at all times, and coaches and players. The Village Code requires parking based on land use. The proposed sports training and teaching establishment will require 46 parking stalls. The table below demonstrates the parking requirement for the Subject Property, which is a multi - tenant industrial building: Table 1: 2060 Carboy Road Parking Analysis Business Name, Parking Variables Spaces Required Use(s) Requirement Rotrans, Warehouse 1 per 1,500 SF 51500 SF 4 K1 Intermodal, Warehouse 1 per 1,500 SF 2,866 SF 2 Seibertron, Inc, Storage/Distribution 1 per 1,500 SF 31000 SF 2 Macres, 1 space per 1.5 5,000 SF, 10 Manufacturing employees & 1 space 7 employees portion per company vehicle Macres, Warehousing 1 per 1,500 SF 20,386 SF 14 portion Huber Group, 1 space per 1.5 5,000 SF, 10 Manufacturing employees & 1 space 7 employees portion per company vehicle Huber Group, Warehousing 1 per 1,500 SF 17,050 SF 12 portion Futures Inc, Storage/ Distribution 1 per 1,500 SF 10,992 SF 8 Playball USA, Sports 2 per every 3 3 Training & Teaching employees + employees, 46 Establishment per student up to 441 students Total Required: 102, including 5 accessible 132, including 4 Total Provided: accessible & 16 truck stalls 2 As shown, the proposed parking requirement is satisfied except the existing accessible handicap stalls. The Petitioner and/or the property owner will be responsible for adding an additional handicap accessible stall. The parking area chosen for the handicap accessible stall shall be the closest area to a public entrance into the building. While the existing parking exceeds what is required, the proposed use will be operating at peak hours during non -peak hours of the adjacent businesses within the multi -tenant building, further lessening the parking demand and any potential traffic congestion. Staff is supportive of the Petitioner's request. Staff does not believe the proposed conditional use to allow for a sports training and teaching establishment will have an adverse impact on the public or adjacent properties. The operation will conduct all activities indoors, and will not cause any impact to surrounding businesses, property owners, or residents. Further, the facility's peak hours of operation do not conflict with those of the surrounding light industrial land uses. At the Planning & Zoning Commission meeting on February 10th, the Commission recommended approval of the request by a vote of 5 - 0. No public comment has been received in support or denial of the request. There were no objectors or comments received from the public on this item. The Petitioner has submitted a letter requesting to waive the 2nd reading. Alternatives 1. Approve a conditional use allowing a sports training and teaching establishment at 2060 Carboy Road, subject to the conditions listed in the staff report. 2. Action at the discretion of the Village Board. Approval o 1. To approve a conditional use allowing a sports training and teaching establishment at 2060 Carboy Road, subject to the conditions listed in the staff report. ATTACHMENTS: Staff Report. pdf KI Minutes.pdf Administrative Content.pdf Plans. pdf Waive Second Meeting Request.pdf PZ 01-22 CU 2060 Carboy Road_harmonedits.pdf CASE NUMBER APPLICANT/PROPERTY OWNER PZ -01-22 Foundation Athletics/ Carboy Road Illinois LLC PUBLIC HEARING DATE PROPERTY ADDRESS/LOCATION February 10, 2022 2060 Carboy Road BRIEF SUMMARY OF REQUEST The Petitioner, Foundation Athletics, is an existing sports training operation with 2 locations, one facility located in the Kensington Business Center (412 E. Business Center Drive), and one facility located at 604 W. Central Road. The Petitioner is proposing to relocate the Kensington Business Center facility to South Mount Prospect (2060 Carboy Road), thus conditional use approval to operate a sports training and teaching establishment is required. The Village Zoning Code designates the Subject Property as 1-1 Limited Industrial. The proposed operation meets the standards for a conditional use and therefore staff is supportive of the request. 2021 Village of Mount Prospect Zoning Map EXISTING EXISTING LAND USE/SITE SURROUNDING ZONING & LAND USE SIZE OF ZONING IMPROVEMENTS North: 1-1 Limited Industrial, industrial PROPERTY 1-1 Limited Multi -tenant light industrial East: R-4 Multi -Family Res PUD, Multi -Family 5.11 Acres Industrial building with related Res improvements South: 1-1 Limited Industrial, industrial West: 1-1 Limited Industrial, industrial STAFF RECOMMENDATION APPROVE DENY 1 5 DISCUSSION PROPOSAL The Petitioner proposes to operate a sports training and teaching establishment at 2060 Carboy Road, also known as the Subject Property. The Petitioner currently operates 2 existing facilities in the Village, a training center at 412 E. Business Center Drive, and a player development academy at 604 W. Central Road. The business, Playball USA, specializes in baseball and softball training focused on individual development of children ages 4 years old and up. Specific training varies, however services include individual lessons, group lessons, and team practices related to pitching, hitting, defense, running drills, and team strategy. The business has been operating at the Kensington Business Center location for 9 years and the Central Road location for 2 years. While the Petitioner obtained a conditional use to operate at the Business Center location, the Petitioner is proposing to move the training center to the Subject Property. Because the sports training and teaching establishment is moving to a different location, a new conditional use is required to operate. The proposed use will have similar elements to the existing location, including large open areas of artificial turf, retractable batting cages, and mounds for pitching and catching. Hours of operation from Monday.. Friday will be 3 PM -10 PM, and Saturday and Sunday will be 8 AM -8 PM. The Petitioner expects that no more than 50 individuals would be within the facility at any one time. This includes 2-3 employees on shift at all times, and coaches and players. Fire Safety The proposed sports training and teaching facility use will require several building improvements related to fire safety. Staff is requiring architectural plans showing all egress, uses, types of construction, occupant load, and any necessary changes due to the change in use groups per the International Building Code (IBC). Parking The Village Code requires parking based on land use. The proposed sports training and teaching establishment will require 46 parking stalls. The table below demonstrates the parking requirement for the Subject Property, which is a multi -tenant industrial building: � ...�......� ............ � � � � �..w....__.......................... ......, ._, , .,... Table 1. 2060 Carboy Road Parking Analysis Business Name, Use(s) Parking Requirement Variables Spaces Required .......Rotra.n_s�.. Warehouse ................. ....._..........._.�.......�., per 1,500 SF...�___ �..._.w.w. �.�.�.�.� 5,500 S.�_..�.._�._.M�......_._..w.w.w........._..vv..........................._4 ..... K1 Intermodal, per 1500 . ,.�....�...........�.�.�.�.........._�.......�............_...H...w SF _............................................................_._...... 2,866 SF .w_........ ..............._. �_�� _ ....�.��...... 2 Warehouse ....._........................._.v..... ...$e.i.b. ,....._.....__.....w..w..w..............._..... _........._w.... ...__w...... .............. ......__....................._........................................._� .,,,._...........................................................w_wwwwwwwwww._._ww �.ron.....1nc..v 1_peC 1,5.0 F 3,000 SF Storage/Distribution .....w.. ..w w.w.. _.__. _.._....m....._. _._ _..,.. r ................... Macres, Manufacturing 1 space per 1.5 employees 5,000 S F, 10 portion & 1 space per company employees 7 vehicle .SF..........�...._ vv.v___.�..._.�...�.... _ s Warehousing r � 1 per 1,500 SF 20._,._38�6u. 14 .....portion __...._..............�......................... .._, _._.�........w..�._. _.............................._..�.�.��......... Huber Group, Ispace per 1.5 employees 5,000 SF, 10 Manufacturing portion & 1 space per company employees 6 1J As shown, the proposed parking requirement is satisfied except the existing accessible handicap stalls. The Petitioner and/or the property owner will be responsible for adding an additional handicap accessible stall. The parking area chosen for the handicap accessible stall shall be the closest area to a public entrance into the building. While the existing parking exceeds what is required, the proposed use will be operating at peak hours during non -peak hours of the adjacent businesses within the multi -tenant building, further lessening the parking demand and any potential traffic congestion. CONDITIONAL USE 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; • There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • The request is in compliance of the conditional use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances Per the Petitioner, the proposed use will not be a detriment to, or endanger the welfare of, the public or any of the surrounding businesses or residential areas. The Petitioner states the facility will enhance the surrounding area by installing high quality equipment and associated infrastructure within the tenant space, and that all necessary utilities and road access are existing. The Petitioner further states he is relocating an existing business in town, and the Village objectives would remain the same. Staff is supportive of the Petitioner's request. Staff does not believe the proposed conditional use to allow for a sports training and teaching establishment will have an adverse impact on the public or adjacent properties. The operation will conduct all activities indoors, and will not cause any impact to surrounding businesses, property owners, or residents. Further, the facility's peak hours of operation do not conflict with those of the surrounding light industrial land uses. 3 7 vehicle . _......... __.w_..... �1per 1.7,05._.. _....� Waren ouoo ng, portion. w._ ..... M .._.._.......................M..........�.�.............................................................w..._......._.................. 1,500 SF 0 SF 12 Futures Inc, Storage/Distribution 1 per 1,500 SF ..w _ .... __.. __._._._.,,,._...._._..... 10 992 SF ' .............w_..___ -- 8 '_ ..._ .... _-........ _..................... Playball USA, Sports 2 per every 3 employees + 3 employees, Training & Teaching 1 per student up to 44 46 Establishment .........�.w..... � �............................�� ._._.._._._.................. —� students .v.w...µ................................ .......-.-_-_.. � Total.�.Req .�.�.�i red: �� .....ro._.102,.....including .wwaccessible ............ . .......... Total Provided: ....._....... .�..,. 132, including 4 accessible & 16 truck stalls As shown, the proposed parking requirement is satisfied except the existing accessible handicap stalls. The Petitioner and/or the property owner will be responsible for adding an additional handicap accessible stall. The parking area chosen for the handicap accessible stall shall be the closest area to a public entrance into the building. While the existing parking exceeds what is required, the proposed use will be operating at peak hours during non -peak hours of the adjacent businesses within the multi -tenant building, further lessening the parking demand and any potential traffic congestion. CONDITIONAL USE 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; • There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • The request is in compliance of the conditional use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances Per the Petitioner, the proposed use will not be a detriment to, or endanger the welfare of, the public or any of the surrounding businesses or residential areas. The Petitioner states the facility will enhance the surrounding area by installing high quality equipment and associated infrastructure within the tenant space, and that all necessary utilities and road access are existing. The Petitioner further states he is relocating an existing business in town, and the Village objectives would remain the same. Staff is supportive of the Petitioner's request. Staff does not believe the proposed conditional use to allow for a sports training and teaching establishment will have an adverse impact on the public or adjacent properties. The operation will conduct all activities indoors, and will not cause any impact to surrounding businesses, property owners, or residents. Further, the facility's peak hours of operation do not conflict with those of the surrounding light industrial land uses. 3 7 Staff finds that the conditional use request meets the conditional use standards and that granting such request would be in the best interest of the Village. Based on these findings, staff recommends that the Planning and Zoning Commission make a motion to adopt staff's findings as the findings of the Planning and Zoning Commission and recommend approval of the following motion: "To approve a conditional use allowing a sports training and teaching establishment at 2060 Carboy Road, subject to the following conditions: 1. Provide one (1) additional accessible parking stall measuring a minimum 16' wide, including an 8' or 5' diagonally striped access aisle, by 18' deep, equipped with the required U.S. Department of Transportation 117-8 (Reserved Parking) and 117-1101 ($250 Fine) signs; and 2. Full architectural plans including all egress, uses, types of construction, occupant load, and any necessary changes due to the change in use group per the International Building Code (IBC) shall be provided for permit submittal; and 3. Petitioner shall be required to monitor traffic flow to ensure the safety of all patrons and students as they walk through the parking lot to the business entrance, and any hazards or unsafe conditions created by the operation shall be mitigated by the Petitioner; and 4. Compliance with all applicable Village Code requirements, including, but not limited to, fire code, lighting regulations, landscaping regulations, sign code regulations, and building regulations." The Village Board's decision is final for this case. NPSTRATtN°1gTFLANS OTHER ATTACHMENTS: Z+ning Request Application, Responses to Plat of Survey, Site Plan, etc.) (Supplemental Information, Public Standar, eto..o Comments Received, etc...) I concur: Wi11 l 11 liam J. dooney, AICP Director of Community velopment 2 E-3 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -01-22 Hearing Date: February 10, 2022 PROPERTY ADDRESS: 2060 Carboy Road PETITIONER: Foundation Athletics PUBLICATION DATE: January 26, 2022 REQUEST: CU — Sports Training and Teaching Establishment MEMBERS PRESENT: Joseph Donnelly William Beattie Lisa Griffin Walter Szymczak Thomas Fitzgerald MEMBERS ABSENT: Donald Olsen Norbert Mizwicki STAFF MEMBERS PRESENT: Connor Harmon —Senior Development Planner Ann Choi — Development Planner INTERESTED PARTIES: Ross Wolfson Chairman Donnelly called the meeting to order at 7:01 PM. Commissioner Griffin made a motion seconded by Commissioner Beattie to approve the minutes from the Planning and Zoning Commission meeting on January 27, 2022. The minutes were approved 5-0. Chairman Donnelly introduced case PZ -01-22: 2060 Carboy Road, a request for a conditional use permit to operate a sports training and teaching establishment at the subject property. The Village Board's decision is final for this case. Mr. Harmon introduced the case by indicating the subject property is a multi -tenant industrial building with 132 existing parking stalls, including 16 truck parking stalls, and that the building is fully leased besides the space the Petitioner is proposing to locate in. Mr. Harmon indicated the Petitioner currently operated his business in the Village, with two locations; one on Central Road and one within the Kensington Business Center. Mr. Harmon stated the Petitioner is proposing to relocate the KBC location to the subject property. Mr. Harmon described the proposed floor plan, indicating the space is roughly 27,000 square feet. Mr. Harmon stated the interior of the space will be made up of primarily artificial turf, with pitching mounds, batting cages, and other training area. He also stated all proposed activities will take place indoors. Mr. Harmon further stated the existing parking facilities are sufficient for the proposed use, as the use will require 46 parking spaces, but in total the building (based on existing tenants) requires 102 parking Planning & Zoning Commission Meeting —February 10, 2022 PZ -01-22 0 spaces, with 5 handicap accessible spaces. He stated the property currently has 132 parking spaces, and that the Petitioner is required to work with the property owner to install an additional handicap space to meet code requirements. Mr. Harmon reported that staff found that the proposal meets the conditional use standards and recommends approval of the following motion: "A conditional use allowing a sports training and teaching establishment at 2060 Carboy Road, subject to the conditions listed in the staff report." Mr. Harmon stated that the Village Board's decision is final for this case. Chairman Donnelly swore in the Petitioner, Ross Wolfson, 2440 Greenview Road, Northbrook, IL. Mr. Wolfson stated that he is the owner of Playball USA, and his business has been in operation in Mount Prospect for over 9 years. Mr. Wolfson stated his business is a baseball training academy for school aged children, and his operation teaches baseball skills, team comradery, sportsmanship, and respect. He stated his business teaches youth and high school programs, but also trains and teaches individuals of all ages. Mr. Wolfson further stated that most employees within his operation are Mount Prospect residents, and that his operation gives kids a place to be, to socialize, and get out of their house. He then stated his lease at the Kensington Business Center is up, and he is looking to move into the subject property. Hearing no further comments or questions, Chairman Donnelly closed the hearing and asked for a motion. Commissioner Fitzgerald made a motion seconded by Commissioner Griffin to approve the following motion: "A conditional use allowing a sports training and teaching establishment at 2060 Carboy Road, subject to the conditions listed in the staff report." UPON ROLL CALL AYES: Fitzgerald, Beattie, Szymczak, Griffin, Donnelly NAYS: None The motion was approved by a vote of 5-0, with a positive recommendation to the Village Board for the scheduled meeting on February 15, 2022. Commissioner Beattie made a motion seconded by Commissioner Szymczak and the meeting was adjourned at 7:51 PM. Connor Harmon Senior Development Planner Planning & Zoning Commission Meeting —February 10, 2022 PZ -01-22 10 N of 0 4z UA C. cr N of 0 k IN 4z v— I. 0 C.:1 11,11 1 k IN m 11 v— I. m 11 -246rir m 11 LO c5 at� a I I m I Ar 1� 04 N m 12 Affidavit of Ownership COUNTY OF COOK STATE OF ILLINOIS 1, Kelly Gardner under oath, state that I am (print name) ❑ the sole owner of the property F-1 an owner of the property IN an authorized officer for the owner of the property commonly described as Carboy Industrial Park (property address and PIN) Carboy Road Illinois, LLC 1900-2000 Carboy Rd. Mt. Prospect, IL 08-23-401-039-0000 08-23-401-040-0000 and that such property is owned by Subscribed and sworn to before me this day of A G�)' ' L 202-2— Notary Public Road Illinois, LLC (print name) 01 SOnatur-e DEZ Notary Public, State of Arizona Pima County COMmission # 565032 MY Commission Expires May 06, 2023 as of this date. Original Rifled Amount:$129,M4A6 Otiginal Billed Amount. Due Date: 03/03/2020 Due Date: Tax, 040,00 Tex: biterest* 400,00 interest,. Current Amount Duir W00 Current Amount Duc Total Amount Due: $0,00 Expand IPayment Details V $175,79814 W03/2020 $0-00 woo +m Original Bitted Amount: $167,740S4 original Billed Amount; $167,,875 81 Due Date., 03/02,/2021 Due Date: 10/0 p /2021 Tax., "m Tax: $0,00 interest. 0.00 Interest: $0 GO Current, Amount, Due: $4,00 Current Amount Duc SOM Total Amount Due: SO, 00 Expwid IPayn,went IDetails 'W MMVM Wlvliffgi�� original Bitted Anwourd: $184,588.99 Due Date, 03/0112012-2 Tax, $184,588 99 t"ter"t, $0,00 Curnmt, Amount Oue: $184,509.99 Total Amount Due: $184,588.99 Expand Payment Details V 14 Jeff Harkensee Associate December 30, 2021 6250 North River Road MAIN +1 847 698 8444 Suite 11-100 FAX +1 847 698 8445 Rosemont, IL 60018 Jeff.harkensee@colliers.com Mr. Jason Shibata JBS Commercial Real Estate 2777 Finley Rd Downers Grove, IL 60515 Re: Request for Proposal to lease 2060 Carboy Rd., Mount Prospect Dear Jason, We have been authorized on behalf of our client, P1ayBall USA. ("Tenant") to submit this Request for Proposal (RFP) to lease the above property. P1ayBall USA specializes in Sports Training. https://plUballdirect.com/ Below are the terms we would like included your proposal: 1. PROPERTY: 2060 Carboy Rd, Mount Prospect — 27,403 Square Feet Subject to the measurement by the Landlord's architect. 2. COMMENCEMENT: March 1, 2022 3. BENEFICIAL OCCUPANCY: Tenant shall be provided beneficial occupancy upon receiving approval for a conditional use permit from Mt. Prospect. 3. LEASE TERM: One Hundred Fifty (150) Months 4. RENTAL RATE: $8.50 PSF Gross. The Lease will be drafted as a NET. 3% annual increases on the NET rent. No warranty or representation is made to the accuracy of the foregoing information. Terms of sale or lease and availability are subject to change or withdrawal without notice. 15 5. REAL ESTATE TAXES, CAM & OPERATING EXPENSES: Please provide estimates. 2022 Estimated: Please state Taxes: $2.20 PSF CAM: $2.66 PSF Insurance: $.39 PSF Management Fee: Included in CAM Total Estimated: $5.25 PSF 6. ABATED RENT: Six (6) Months. Two (2) Months Gross Abatement and Four (4) Months NET Abatement 7. RENT ESCALATION: 3.0% per year, based on the NET rent. 8. ROOF & STRUCTURE: The roof and structure shall be the responsibility of the Landlord throughout the lease term. To be further addressed in lease. 9. CODE COMPLIANCE: Landlord shall ensure building is in compliance with all local, state, and federal codes throughout the term of the lease, but shall not be responsible for compliance issues arising from work performed by Tenant. 10. CONDITION OF PREMSIES: Landlord will deliver the premises in As -Is condition, with all electrical, plumbing, HVAC and mechanicals in proper working order. i [ 11. TENANT IMPROVEMENTS: Landlord shall provide tenant with a tenant improvement allowance in the amount of $113,600. The tenant improvement allowance may only be applied towards building improvements within the premises and not applied towards rent. See enclosed Exhibit A with additional detail on scope/cost breakdown. Payment details to be further defined within the lease. Landlord shall reimburse upon receipts, lien waivers, invoices, not more than once a month. 12. ASSIGNMENT/SUBLEASE: Tenant shall have the right to assign or sublet all or a portion of the premises to any subsidiary or affiliate without Landlord's consent. Any other assignment or subletting will be subject to Landlord's prior consent, which shall not be unreasonable withheld, conditioned or delayed. To be further defined within the lease. 13. UTILITIES: Tenant shall pay all utilities to the premises. All utilities are separately metered and billed directly to the tenant. 14. HVAC: All HVAC systems and electrical components will be delivered in good working order. Will provide ages. Tenant will be responsible for routine maintenance and for maintaining a service contracts for the HVAC within the premises. There shall be an annual HVAC cap of $1,500 per unit for service and maintenance, and any costs above this shall be responsibility of landlord. In the event a major mechanical part breaks and HVAC replacement is required, Landlord shall be responsible for all replacement costs. To be further defined within the lease. 15. SIGNAGE: Tenant shall be allowed at Tenant's sole expense, and with landlord approval, to install exterior signage on the fagade and entrance of 17 their premises in compliance with all applicable municipal, county, and state codes. In the event there is monument signage for the property, landlord shall add Tenant to monument at Landlord's expense. 16. PARKING: The building is parked at a non -reserved, first- come, first served basis at 1/1,000 SF. Please indicate the time of operations and parking ratio for the use. 17. ZONING: Subject property is zoned I-1. The tenant currently operates within the same I-1 zoning, however requires a new special use permit from The Village of Mt. Prospect. Tenant has spoken with the Village and it should be supported, but has to go through formal approval process. The lease shall be subject to tenant receiving approval from Mt. Prospect. Prior to the Landlord malting a commitment, please provide further direction on timing required for the Special Use Permit. Tenant shall submit application to Mt. Prospect for conditional use permit by 12/31/21 subject to fully signed LOI. The Village Board meets every two weeks, and we expect board approval in January. Tenant to have permit approved prior to February 15, 2022. 18. NON -COMPETE: Throughout the lease term, provided that the tenant is not in any element of default without reasonable cure, the landlord shall be prohibited from leasing space within the building to any other baseball training related and weight training tenants. 19. OPTION TO RENEW: Tenant will have two (2) — Five (5) year renewal options to extend the lease by providing nine (9) month written notice. The renewal options will be at then fair market value. 20. SECURITY DEPOSIT: $40,000 Subject to financial review. 18 21. BROKERAGE: Tenant is represented by Brendan Green and Jeff Harkensee of Colliers International, who shall receive a commission from Landlord upon full execution of lease per a separate agreement. This Letter/Proposal is intended solely as a preliminary expression of general intentions and is to be used for discussion purposes only. The parties intend that neither shall have any contractual obligations to the other with respect to the matters referred herein unless and until a definitive agreement has been fully executed and delivered by the parties. The parties agree that this letter/proposal is not intended to create any agreement or obligation by either party to negotiate a definitive lease agreement and imposes no duty whatsoever on either party to continue negotiations, including without limitation any obligation to negotiate in good faith or in any way other than at arms' length. Prior to delivery of a definitive executed lease agreement, and without any liability to the other party, either party may (1) propose different terms from those summarized herein, (2) enter into negotiations with other parties and/or (3) unilaterally terminate all negotiations with the other party hereto. Thank you for your prompt attention to this matter. We look forward to working with you to determine if an acceptable lease agreement can be structured. Should you have any questions, please do not hesitate to call. We kindly ask that you respond by December 29, 2021. COLLIERS INTERNATIONAL Brendan Green Senior Vice President Jeff Harkensee Associate 19 VOLLIERS INTERNATIONAL Brendan Green jellllarkcngc,� Senior Vice presid—I MsmaW 20 MAI Do Ccffliers Internnuolml Dat:: 12/14/21 Arm Brendan Green Job Name: 2060 Carboy Rd. 6250 K River Rd, Suite 11-100 Proposal: 2021-197 Rosemont, IL 60018 ESTIMATE SERVICES PROVIDED: Based on scope Provided by Landlord. Demolition $ 50,000.00 Demolish -5,500 SF of existing office area. Remove all walls, flooring, ceiling, lighting, HVAC, Fire Suppression, Fire Alarm, & Electrical. *Partial space to remain for entry / restrooms / parent waiting area. Flooring to be removed but mastic to remain as -is. Tenant to install turf right over. Allowance to remove (3) structural beams above acoustical ceiling. $ 7,500.00 Electrical Incl. Disconnect all power and bring back to panel located along office / warehouse demising wall. *Excludes all lighting. *Excludes any new power installation. HVAC Remove all existing office HVAC ductwork. Incl. Allowance to provide new spiral ductwork at roof height. $ 8,000.00 Fire Alarm $ 5,000.00 Allowance to install new devices where office was removed. *Assumes existing panel and warehouse devices to remain and in good working order. Fire Suppression $ - Assumes existing sprinkler head existing at deck height and require no work. Painting $ 23,000.00 Paint warehouse walls (2 -Tone). Assumes (2) coats of paint required. Paint remaining office area. Cleaning $ 2,700.00 Machine clean warehouse floors to remove all debris and dust. General Conditions $ 8,700.00 Site Supervision, Labor, Lifts, Dumpsters, Insurance, Cleaning, Safety Materials, etc.... Subtotal $ 104,900.00 CH & P $ 8,700.00 ITOTAL: $ 113,600.00 1510PRATTBLVD - ELK GROVE VILLAGE, IL 60007 - INFO(#BWBUILD.COM 21 THIS INSTRUMENT ✓WAS PREPARED BY: Samuel A. vesture G i Esq. � ��IIII IIT iIIII IIhi VIII �I� � iIIII I�IV IIiII IMI Ill IIS # Brennan Investment Group LLC 9450 W. Bryn Mawr, Suite 750 Rosemont, Illinois 60018 Doc# 1914234035 Fee V` -S,.00 RHSP FEE:$9.00 RPRF FEE: $1.00 EDWARD M. MOODY COOK COUMTY RECORDER OF DEEDS DATE: 0Sf22f2019 10:46 AM PG: 1 OF 4 SPECIAL WARRANTY DEED THIS INDENTURE, made as of v • -0 , 2019 between 1900 CARBOY LLC, an Illinois limited liability company, having an address at 9450 W. Bryn Mawr, Suite 750, Rosemont, Illinois 60018 ("Grantor"), to and in favor of CARBOY ROAD ILLINOIS, LLC, a Delaware limited liability company, having an address at 3701 Executive Center Drive, #110, Austin, Texas 78731 ("Grantee"). WITNESSETH, that Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by Grantee, the receipt whereof is hereby acknowledged, by these presents does REMISE, RELEASE, ALIEN AND CONVEY unto Grantee and to its heirs, successors and assigns, FOREVER, all the following described real estate, situated in the County of Cook and State of Illinois known and described in Exhibit A attached hereto and by this reference made a part hereof (the "Premises"), together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim or demand whatsoever, of Grantor, either in law or equity, of, in and to the Premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the Premises as above described, with the appurtenances, unto Grantee and its heirs, successors and assigns forever. And Grantor, for itself, and its successors and assigns, does covenant, promise and agree, to and with Grantee and its heirs, successors and assigns, that it has not done or suffered to be done, anything whereby the Premises hereby granted are, or may be, in any manner encumbered or charged, except as set forth as "Permitted Exceptions" on Exhibit B attached hereto and mad a part hereof; and that subject to such Permitted Exceptions, Grantor will WARRANT AND FOREVER DEFEND the Premises against all persons lawfully claiming, or to claim the same, byp through or under Grantor, but not otherwise. MIN IN WITNESS WHEREOF, Grantor has caused its corporate seal to be hereto affixed and has caused its name to be signed to these presents as of the day and year first above written. 1900 CARBOY LLC, an Illinois limited liability co m ny By: k"'t, �. Name: Michael W. Brennan Its: Manager STATE OF ILLINOIS I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Michael W. Brennan, as Manager of 1900 Carboy LLC, an Illinois limited liability company, who is 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 and delivered the said instrument as his own free and voluntary act and as the free and voluntary act of said company, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal as of K46 , 2019. Notary Public Official Seal Samuel A Mandarino Notary Public State of Illinois My Commission Expires 02/27/2021 AFTER RECORDING RETURN TO: LMA Law, LLP One Almaden Boulevard, Suite 700 San Jose, California 95113 Attention: Frank Maiorana MAIL SUBSEQUENT TAX BILLS TO: Carboy Road Illinois, LLC 3701 Executive Center Drive, #110 Austin, Texas 78731 Attention: Shaun Brannon M N g - - - - _ - - a (W 8 to s _ - - odz 3 0 N or - 82 o- _ V 8 R) rt 0 0 �J O NaU .ate N N E �` Z RR3 o Legend of Symbols & Abbreviations � Pa.,, Poi,—o—sm�kada Fe�� n Hoek ® al<snIk�tI foal SLE 1" = 40' mS1ISKv OJ\>p-'Io-m2\dwy\i� 22o- L01dvy,2/Iotmiv815.t7Ab1. Village of Mount Prospect — Zoning Request Application Standards Conditional Use - No conditional use shall be recommended for approval by the planning and zoning commission unless it finds: 1. That 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 use of the Baseball and Softball Training facility would be for the purpose of education and improvement of children's playing ability and team comradery. All training is done indoors and has no noise impact on the surrounding businesses or the community. 2. That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located; The use of the facility will be performed solely in internal areas of the space, and have no effect at all to any and all businesses and surrounding residential areas. If anything, it will be used as an area for children to go to, to enjoy safe and supervised play individually, and with others. Internal and external foot traffic flow is regulated and times of training are spaced to allow ease of ingress and egress. To date, we have not incurred any complaints from the neighboring businesses, Police department, or customers due to traffic flow and space allotment. 3. That 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 facility will enhance the surrounding area by being completely built with all new and high quality equipment and associated infrastructure. Safety features have been added internally, with marked paths of foot traffic, barrier fencing internally for safety and ingress and egress, and a separate "Observation Room" just beyond the entryway and reception area, away from actual training. 4. That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided; All of the necessary utilities, drainage, plumbing, road access will be unimpeded and up to all necessary codes. 5. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; Due to the nature of the business, most of our customers come to the facility near or after "normal" business hours and on weekends (our customer base is predominantly made up of school aged children). Therefore, most of the traffic would be unobstructed to any others in the complex, with most already gone. Additionally, all walkways, pathways, and waiting areas will all be built with safety first and comfort in mind. We will additionally have lit signage in front for night times to allow for safe entry and exit, and due to having 2 other locations, we have yet to incur a complaint from the surrounding businesses and community related to traffic concerns. Both of our locations are on and near busy traffic streets (One location is just off Central and Northwest Highway and the other is at Rand and Business Center). 6. That the proposed conditional use is not contrary to the objectives of the current Comprehensive Plan for the Village; We are relocating from one area of Mount Prospect to another, so the Village objectives would be neutral. 7. That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the Planning & Zoning Commission. As stated in #6, we believe we will be in conformity and add greatly to the area and Village. 27 Project Summary — Foundation Athletics for 2060 Carboy Foundation Athletics, dba Play Ball USA, Mt. Prospect, (Foundation) is in the business of Baseball and Softball training forwarding the enhancement of skills and demeanor for team play in children, predominantly ranging in ages from as young and 4 years old, up to and through High School. Foundation hires and employs former Baseball and Softball players, most, if not all, being past players in their respective sports, coming from College and/or Professional experiences, to perform services as Coaches and/or Instructors in a specific expertise. Services provided include (but not limited to): - Individual lessons for Pitching, Hitting, Defense, Arm Care, Game Strategy, etc - Group lessons for all of the above and with emphasis on Team Play - Running specialty clinics for advanced training and strategies - Coaching and Running Team Practices for teams renting at the facility - Managing Travel Teams for league and tournament play Hours of operation are predominantly in the afternoon, evenings and weekends, as all of the clientele are school aged children. Typical hours of operation are at 3 PM to 10 PM, Monday through Friday, and 8 AM to 8 PM on Saturday and Sunday. Capacity varies, but with an expected 2 team turf areas, 5 batting cages and 2 pitching mounds, we would expect no more than 50 people at on time. *Teams typically are no more than 12-13 players with 1-2 coaches (30 at most), Batting cages are between 1-2 people each (10 at most), and mounds are also between 1-2 people each (4 at most). An additional 2-3 employees at our welcoming area, would total less than 50 people. Emphasis is placed on not only developing better performance skills, but developing team oriented and character skills. We expect players to not only perform better, but comport themselves in a respectful and cooperative manner for society. a) C14 EXHIBIT A LEGAL DESCRIPTION PARCEL 1: LOT I IN DENNES'RESUBDIVISION OF ALL OF LOTS 11, 12, AND 16 AND PART OF LOT 13 IN ELMHURST ALGONQUIN INDUSTRIAL PARK UNIT NO. 2 BEING A SUBDIVISION IN THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2: LOT 2 IN DENNES'RESUBDIVISION OF ALL OF LOTS 11, 12, AND 16 AND PART OF LOT 13 IN ELMHURST ALGONQUIN INDUSTRIAL PARK UNIT NO. 2 BEING A SUBDIVISION IN THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. 1900-2000 Carboy Road, Mount Prospect, IL REAL ESTATE TRANSFER TAX 21 -May -2019 4. COUNTY: 3,876.00 PIN: 08-23-401-039-0000; 08-23-401-040-0000 ILLINOIS: 7,752.00 TOTAL: 11,628.00 08-23-401-039-0000 20190501669328-1 1-716 187_040 mlGUN"", AGF Suite Sq Ft Tenants Business Type Required Parking 1910 6,359 Great American Delivery Service Distribution 1920 12,177 Professional Gymnastics Center, Inc. Gymnastics 1940 21,100 CMC Exhibit Managers Storage and Distribution 1960 23,670 Cardone Record Services Storage and Distribution 1970 8,863 AMD Inc. Storage and Distribution 1980 6,328 Accutrack Recording and Sound Storage and Distribution 2 per every 3 employees+ 1 per student 2010 5,500 Rotrans Trucking 4 2030 B 2,866 K1 Intermodal Trucking 2 2030 A 3,000 Seibertron, Inc. Storage and Distribution 2 5,000 Macres (manufacturing) 7 2040 20,386 Macres (storage) Manufacturing and Storage 14 5,000 Huber Group (manufacturing) 7 20501 17,050Huber Group(storage) Manufacturing and Storage 12 2060 45 27,3VACANTi i 46144 students, 3 employees 20701 10,992 Futures Inc. Istorage and Distribution 1 8 1001 116 total, 16 truck stalls 30 M g - - - - _ - - a (W 8 to s _ - - odz 3 0 N or - 82 o- _ V 8 R) rt 0 0 �J O NaU .ate N N E �` Z RR3 o Legend of Symbols & Abbreviations � Pa.,, Poi,—o—sm�kada Fe�� n Hoek ® al<snIk�tI foal SLE 1" = 40' mS1ISKv OJ\>p-'Io-m2\dwy\i� 22o- L01dvy,2/Iotmiv815.t7Ab1. V£ U � Lo co O 4k UU � J E u-) O> O 0-00-) c6 —_ c0 cam c6o Z� O - 0-)Q O co O N O CD O O co _N O C _ O U Q cz cn U o oa 0 o S£ W (n Z) LL_ OCt) r LU p� N L LU Z L: Z U) Q LO N N cc W N 2 II L N 0 0 rn r m U) 0 LO 0 0 o 0 OC = O U � Q (z (n U o oa 0 o� 9£ CO v J Lu QQ Z Z N Q N W W ry 2 Q rrL� N viiNT 'L I L u / O °O 0 c LL Q LL _ JL J ii7 LL U) CO 0') (Y) (p o O 00 11 O Q LLQ ULu mLU oQ _ JL J ii7 L£ U - U) cfl N 11 w _Z Z Q N N w L O v) v) LU =o Ur - W oc LL N Qti LL N 0 11 11 0 rn r N Q0 0 0 O C _ Q U Q (z (n U o 00 o o� BE L 0 M O N O UD Q0 O O _N O C _ O U Q (z (n U O oa 0 o� 6£ L O v) v) LU =o Ur - W oc LL N Qti LL N 0 11 11 0 rn r N Q0 0 0 O C _ Q U Q (z (n U o 00 o o� 017 L N O O O N O Q0 O O _N O C _ O U Q cz cn U o oa 0 o� i February 7, 2022 Foundation Athletics, LLC 412 E. Business Center Drive Mount Prospect, IL 60056 William J. Cooney, AICP Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 Dear Mr. Cooney, The Planning & Zoning Commission recommended approval of our Special Use Permit by a vote of 5-0. Our request is scheduled to go before Village Board for the ordinance's first reading on February 15, 2022. We are requesting that the Village Board waive the second reading, tentatively scheduled for March 1, 2022 and take final action at the February 15, 2022 meeting because we are anxious to start the project as soon as possible (including all of the necessary buildouts, installation of artificial turf, netting, fencing, batting cages, parent viewing room, etc). I appreciate your assistance in facilitating this request. Should you have any questions, feel free to contact me at 847-942-8294 or ross@playballdirect.com. Sincerely, Ross Wolfson Partner/Owner Foundation Athletics, dba Play Ball USA 412 E. business Center Drive — Mount Prospect, IL, 60056 — (847) 375 - 0840 41 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE TO OPERATE A SPORTS TRAINING AND TEACHING ESTABLISHMENT FOR THE PROPERTY LOCATED AT 2060 CARBOY ROAD MOUNT PROSPECT, ILLINOIS WHEREAS, Foundation Athletics (Petitioners) have filed a petition for a conditional use to operate a sports training and teaching establishment for property located at 2060 Carboy Road, Mount Prospect, Illinois (Property) and legally described as: LOT 2 IN DENNES' RESUBDIVISION OF ALL LOTS 11, 12, AND 16 AND PARTS OF LOT 13 IN ELMHURST ALGONQUIN INDUSTRIAL PARK UNIT NO.2 BEING A SUBDIVISION IN THE SOUTHEAST'/4 OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Property Index Number 08-23-401-040-0000; and WHEREAS, the "Petitioner" seeks a conditional use to operate a sports training and teaching establishment as shown on the Petitioner's Land Survey attached as Exhibit "A"; and WHEREAS, a Public Hearing was held on the request for the conditional use being the subject of PZ -01-22 before the Planning and Zoning Commission of the Village of Mount Prospect on the 10th day of February 2022, pursuant to proper legal notice having been published in the Daily Herald on the 26th day of January, 2022; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the Mayor and Board of Trustees to approve the request being the subject of PZ -01-22; 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 conditional use to operate a sports training and teaching 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: The recitals set forth hereinabove are incorporated as findings of fact by the Mayor and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The Mayor and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use to allow a sports training and teaching establishment for the property located at 2060 Carboy Road as shown on the Petitioner's Land Title Survey dated February 20, 2019, attached as Exhibit "A." subject to the following conditions: 1. Provide one (1) additional accessible parking stall measuring a minimum 16' wide, including an 8' or 5' diagonally striped access aisle, by 18' deep, equipped with the required U.S. Department of Transportation R7-8 (Reserved Parking) and R7-1101 ($250 Fine) signs; and 2. Full architectural plans including all egress, uses, types of construction, occupant load, and any necessary changes due to the change in use group per the International Building Code (IBC) shall be provided for permit submittal; and 3. Petitioner shall be required to monitor traffic flow to ensure the safety of all patrons and students as they walk through the parking lot to the business entrance, and any hazards or unsafe conditions created by the operation shall be mitigated by the Petitioner; and 4. Compliance with all applicable Village Code requirements, including, but not limited to, fire code, lighting regulations, landscaping regulations, sign code regulations, and building regulations." SECTION THREE: The Village Clerk is hereby authorized and directed to record a certified copy of this 42 Ordinance and Exhibit "A" with the Recorder of Deeds of Cook County. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day 151h of February, 2022. Paul Wm. Hoefert, Mayor ATTEST: Karen M. Agoranos Village Clerk Page 2 of 2 PZ 01-22 2060 Carboy Rd. 43