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Home My WebLink About6.5 Motion to waive the rule requiring two readings of an ordinance and adopt AN ORDINANCE GRANTING A CONDITIONAL USE TO OPERATE A MASSAGE THERAPY ESTABLISHMENT AT THE PROPERTY 200 EAST EVERGREEN AVENUE, STE 128 (PZ-04-22)Mr�GauC �'d'+rt;�iect Subject Motion to waive the rule requiring two readings of an ordinance and adopt AN ORDINANCE GRANTING A CONDITIONAL USE TO OPERATE A MASSAGE THERAPY ESTABLISHMENT AT THE PROPERTY 1 1 EAST EVERGREEN AVENUE, STE 128 • 1. Meeting April 1 OF • PROSPECT : • Fiscal Impact false Dollar Amount Budget Source Category CONSENT AGENDA Type Action Item Information Alixin Therapeutic Massage LLC ("Petitioner") proposes to occupy Suite 128 (540 SF) at 200 East Evergreen Avenue ("subject property") and operate a massage therapy establishment that offers clinical massage, sports massage, lymphatic drainage, and Tai -Chi massage. The Petitioner intends to use the existing floorplan and will obtain a building permit to install a hand -washing sink in the suite. No exterior renovations are proposed. The subject property is zoned B-5 Central Commercial and consists of multiple office suites hosting a variety of uses. The Petitioner would occupy Suite 128, which is 540 square feet, and be the sole practitioner at this time. Since the proposal does not involve new construction or major rehabilitation, or a change in use which warrants additional parking, no additional off-street parking is required. The Petitioner has submitted to the Village a business license application and a massage therapy addendum according to the requirements of Village Code Chapter 11, Article 39 for Massage Establishments. Because this is a new massage therapy establishment, conditional use approval is required. Village staff has reviewed the Petitioner's request and finds that it meets 1 the standards for a conditional use. The Police Department confirmed that the petitioner has met all ordinance standards to operate a massage establishment. At the Planning & Zoning Commission meeting on March 24, 2022, the Commission recommended approval of the request by a vote of 4 - 0. 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. Approval of a conditional use permit to operate a massage therapy establishment at 200 East Evergreen Avenue, Suite 128. 2. Action at the discretion of the Village Board. Staff Recommendation Approval of a conditional use permit to operate a massage therapy establishment at 200 East Evergreen Avenue, Suite 128. ATTACHMENTS: PZ-04-22—Staff Report.pdf PZ-04-22—Administrative Content.pdf PZ-04-22_Minutes.pdf PZ -04 -22 -2nd Reading Waiver Request.pdf PZ-04-22_Plans. pdf Ord PU 4 22 CU massage therapy_AIL.pdf 2 VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street, Mount Prospect, IL 60056 STAFF REPORT FROM THE DEPARTMENT OF Community Development William J. Cooney, AICP Director of Community Development DATE: March 17, 2022 CASE NUMBER PZ -04-22 PUBLIC HEARING DATE March 24, 2022 Antonia Lalagos Development Planner hA�wseaw�k� roz',„ar APPLICANT/PROPERTY OWNER Alixin Therapeutic Massage LLC / KeySac LLC PROPERTY ADDRESS/LOCATION 200 E Evergreen Ave Ste 128 BRIEF SUMMARY OF REQUEST The petitioner is proposing to operate a massage therapy establishment at 200 East Evergreen Avenue, also known as Tower Center (the subject property). Massage therapy businesses must obtain conditional use approval to operate. The subject property is zoned B-5 Central Commercial. The proposed business meets the standards for a conditional use and therefore staff is supportive of the request. 2021 Village of Mount Prospect Zoning Map r 1 .. Subject Property R-3 EXISTING EXISTING LAND USE/SITE SURROUNDING ZONING & LAND USE SIZE OF ZONING IMPROVEMENTS North: R -A Single -Family Residence PROPERTY B-5 Central Multi -tenant Office Building East: R-3 Low Density Residence .90 Acre Commercial South: B-5 Central Commercial West: B -5C Central Commercial Core CED STAFF RECOMMENDATION APPROVE WITH CONDITIONS DENY C:\Users\bcooney\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\6GHK3XU8\PZ-04-22 200 E Evergreen Ave (CU -Massage Therapy).docx 1 3 BACKGROUND/PROPERTY HISTORY The subject property is a multi -tenant office building with a mixture of professional and medical office uses. According to Village business license records, suite 128 has been vacant since 2018. PROPOSAL The petitioner proposes to operate a massage therapy establishment at the subject property, offering clinical massage, sports massage, lymphatic drainage, and Tai -Chi massage. The business owner stated that she will be the sole practitioner at the site initially, but may hire additional staff in the future. Staff advised the petitioner that any employees providing massage therapy services will need to hold a valid massage therapist license from the State of Illinois. The petitioner intends to use the existing floorplan and will obtain a building permit to install a hand -washing sink in the suite. No exterior renovations are proposed. The subject property is zoned B-5 Central Commercial. Since the proposal does not involve new construction or major rehabilitation (50 percent or more), or a change in use which warrants additional parking, no additional off-street parking is required. The petitioner has submitted to the Village a business license application and a massage therapy addendum according to the requirements of Village Code Chapter 11, Article 39 for Massage Establishments. COMPREHENSIVE PLAN DESIGNATION The Village Comprehensive Plan designates the subject property as central commercial. The proposed conditional use is consistent with the Comprehensive Plan's vision for downtown mixed-use. 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 massage therapy business will strive to help people in the community manage pain through therapeutic and clinical massage, and will not be detrimental to the community. The petitioner maintains that the business will be respectful of others in the building and will conduct business to the utmost morals and standards, and will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. The petitioner states that the existing building is adequately served by essential public facilities and municipal services, and has access to a 44 -car parking lot. The petitioner asserts that the business will help achieve the Comprehensive Plan goals to add more services to Mount Prospect. C:\Users\bcooney\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\6GHK3XU8\PZ-04-22 200 E Evergreen Ave (CU -Massage Therapy).dou 2 4 Village staff has reviewed the petitioner's request and finds that it meets the standards for a conditional use. The Police Department confirmed that the petitioner has met all ordinance standards to operate a massage establishment. Staff finds that the conditional use complies with the standards as listed in the Village 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 & Zoning Commission and recommends approval of the following motion: 1. "A conditional use permit to operate a massage therapy establishment at 200 East Evergreen Avenue Suite 128." The Village Board's decision is final for this case. ATTACHMENTS: w#0— ADMINISTRATIVE CONTENT (Zoning Request Application, Responses to Standards, etc...) —0 1 concur: William J. ooney, AICP Director of Community evelopment PLANS (Plat of Survey, Site Plan, etc.) OTHER (Supplemental Information, Public Comments Received, etc...) C:\Users\bcooney\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\6GHK3XU8\PZ-04-22 200 E Evergreen Ave (CU -Massage Therapy).docx 3 5 Village of Mount Prospect Co'r'nmunity Development Department 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone: (847) 818-5328 Zoning Request Application Address(es): W - Zoning District (s): Property Area (Sq,Ft. and/or Acreage): Parcel Index Number(s) (PIN(): 91 Conditional Use: For [:1 Variation(s): To El Zoning Map Amendment: Rezone From To [I Zoning Text Amendment: Section(s) EJ Other: Name: Corporation: Address: City, State, ZIP Code: Phone: 9--) Email: SQ �64t ------- - -- --------- -- . ....... Interest in Property: I (e.g. owner, buyer, developer, lessee, architect, etc—) El Check if Same as Applicant - - - --------- --.1-- . ..... I _._.._.....__.e . .. . ...... ......... ......... Name: Corporation: .. . .. ........ Address: City, State, ZIP Code: Phone:A-Email: )- -- .......... ... ....... . ..... 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: . . . .......... .. . ......... ... . ...... . ........ . ..... (Print or Type Name) If applicant is riot property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the zoning request(s) described in this application and the assn 4e n material 0 su'�'or Property Owner: Date: (Signature) . . ........ . V F ........................_.._.w._......._........._ (Print or m pe Name) 1�- Affidavit of Ownership . ......... COUNTY OF COOK 1, —12�� under oath, state that I am El the sole owner of the property an owner of the property an authorized officer for the owner of the property commonly described as._l (property address and PIN) j 2C� and that such property is owned by.--V,,,e Lj— C . . . ..... as of this date. (print nam Subscribed and sworn to before me this day of GEORGE TSEWS Official Seal Notary Pubtic - State of Illinois My Commission Expires Oct 3, 2023 Notary Public N NTE: if no property rernains in this trust after this conveyance, this direction gust be accompanied by. remiftnee for all fees including the fee for this deed. PLEASE CALL TRUSTEE FOR AMOUNT OF FEES. February 0, 2020 CHICAGO "t : You are hereby uth to execute and deliver our TEE'S DEED in your capacity Trustee under your Trust No. B7800703S9 Dated December 1, 1977 as frail......__�.._..�..._.�.._.,..�____ TRUSTEE'S E L : February 10, 2020 CHECK IF APPLICABLE: JOINT TENANCY 0 TENANCY BY THE ENTIRETY El ADDRESS OF GRANTEE(S): 200 E. Evergreen Ave, Mount Prospect, TL 60056 Zip CLOSE THIS TRUST? 21 NO�.,�.� ALTAR STATEMENTS? YES [] N 0 L CHER DOCUMENTS TO E 0None PROPERTY ADDRESS: 200 _._ E. Evergreen A, Ave,.,__ Mount Prospect, � IL. oCommunity Bank of Elmhurst RECEIVED BY.' Rev. 1212016 10 lik"MEM"XXIMM 2021 First Installment Property Tax Bill $ 44t7O4.52 Property Index Nt.irnber (PIN) Volume Code Tety Year (Payable in) Towns[iip Classification 08-12-110-031-0000 049 16140 2021 2022 ELK GROVE 5.17 By 03/01/22 (on time) IF PAYING APTIR 03/02/22 - 04/01/22 Olt 04/02/22 05/01/22 OR 05/02/22 - 06/01/22 03/01/22, PLEASE PAY' $45,375.09 $46,045.66 $46,716,23 Ponsion and Amount of % of Pension and Money Owod by Healthcare Anrwnts Pension and Healthcare Cr)sts YourTaxing Promised by Your Healthcare Taxing Districts Your Taxing Districts Districts TaxIng Districts Shortage Can POV Northwest Mosquito Abatement'Wheelin g $231,779 $11,760,171 $73,862 99.05% Metro Water Reclamation Dist of Chicago $3,2,94,3Z3,000 $2,958,492,000 $1,219,143,000 58.79% Nit Prospecl Padc District $19,889,539 t,32,407,456 89.561. Harpor Coll Comm colloge 512 (Palatine) $217,927,35S $113,014,940 $73,034,940 M00% Township 14S District 214 (Arlington His) $1174,084,449 $270,533,248 -$10,941,244 104,041. Mount Prospect Public School District 6a7 S3,548,06S $32,578.802. $15,961,461 51.01% Village of Mount Prospect $1146,3S3,994 $335,532,496 $89,834,413 73.23% Town of Elk Grove $93S,482 $6AS2.872 -$4691S8 106.$SIYO Cook County Forest Preserve District $;r43,103,051 $S40,107,634 $328,420,280 39.19% County of Cook $7,59S,71U,042 $26,972,931,181 $15,481,971,961 42.60% Total $11,686,108,659 $31,230,230,90 $117,200,414,987 PAY YOUR TA,XES ONLINE at cookcountytivasurer.com fran i your bank account or, credit card NNNIMMMMMMMUMMMIM 0WAH0V=,*1MMZMMMN1= 2020 T0TA1. TAX 8 J, 280 . 9 5 2021 TI AT X 55% 2021 TOTALTAX 44,704 � 52 The First Installrnent arnount is 550/6 of last year's total taxes, All exemptions, such as harneowner and senior exen,Ydorm, will be reflected on your Second Instalirnent tax bjU 200 E EVERGREEN AVE BILL MALONEY MOUN1 PROSPE-CT It.. 6005G 297 WENDOVER C(JUPT RL00MfNGDALl,','H- 60108-3007 11 AT&T -Yahoo Mail - Payment Confinnation for Cook. ("bunty Proper�y'lbx https.//i-nait,yattoo.coti,i/(I/I-'olders/i/itiessages/AL,suvOl,iEc[MYft-tXA... Payrnent Confirrnatiort for Cook County Property'Ta x Frorn- Do Not Reply (nomply@payconnexion,com) To'. I urnaloney@ sbcg fobaLn et Date: Wodnesday, r� bruary 2, 2022, 02:45 PM CST Cook County Treasurer's Office fdARJA PAPPIAS, ) f *** PLEASE DO NOT RESPOND TO nil S EMAIL *** Thank you for submitting your payment for Cook County Property'rax, This email is to confirr'n that ors Feb -02-2022 02A4:37 PM, you authohzed Cook County Treasurer Property "T x to debit the bank account listed below on the scheduled payment date. Confirmation Number: CC'r'P'TX008040183 Confirmation Date (CT): Feb -02-2022 02,44:37 PM Payer Name: William Maloney Amount Due. $44,70-402 Payment Amount Debited: $44,704.62 Bill Year. 2021 Property Index Number (PIN) 08-12-110-031-0000 Volume : 049 Tax Type 0 Tax Year. 2021 Bank Routing Nimber: 071000013 Bank Account Number, XXXXXXXXXXXXX31129 Bank Account Type: Checking Bonk Account Category: Business If you have questions about this payment or need assistance, please view the payment online at 1, t Thank YOU for using the Cook County Treasurer Property Tax eiectronic payment system. 04, "A"00"A"MR, IAAMMPM.�, 'I,' I or 1 2/2/1.022, 2� 12 M OFFICE LEASENo. 888 FWBUAHY: i9fir) GEORGE E. COLEO LEGAL FORMS OFFICE LEASE CAUTIONI(orldauka lawyvf before ussigo, "wider et* 64myTI, u0MWrfff0 oubirshottwMe 84,94rafift I GiVIA119 WW ewe Ity OtOWWWWWW W tftrwaa her a ir"oWw lit DATE or L.U.C T February 2, 2022March 1, 2022 September 30, 202D $ 9115 00 ---vocarriar"1"....,.__ _ -- -1--1----- ..... ..... . 200 11. Evergreen Avenue, Mount Prospect, It, 60056 540 Sol, ft Office USSEL? LESSOR NAME Lboin Sun NAME Key'sac, UX, ADDRESS Suites 128 ADDRESS suito 100 Nry 200 E. Evergreen Awaue 200 E, Evcrp Mount Prospect, U., 60056 CITY Mounlr Prospect, 11, 60056 In consideration of tile mutual covenants and agreements herein stated, Lessor hereby leases to Lessee and Lessee hereby leases front Lessor solely for the above purposes the Premises dmignated above (the '"Premises""), together with the appur- tenances thereto, for the above Term, REN1* L Lessee shall pay Ussor or Lessor's agent as rent for the Premises the sum stated above, monthly in advance, until torlildnation of this lease, at Lessor's address stated above or such other address as Lessor may d"ignate in writing, HEAT, NON- 2. Lessor will in all reasonable hours during each (Jay and evening, front October I to May I thifiril LIABILITY the term, when required by the season, furnish at his own expense beat for the heating aparatus in fix( OR OF' LESSdemised premises, exec t when prevented by accidents and unavoidable delays, provided, however, the except as provided by Illinois statute, the Lessor shall riot be field liable in datuages on account of an, Csersctnral injury or loss occasioned by the failure of the hearing apparatus to hear tire Premises sufficientl� any lea age or breakage of the pipes, by any defect in the electric wiring, elevator apparatus an( service thereof, or by reason of any other de ect, latent or patent, in, around or about the said building, HALLS 3. Lessur will cause the halls, corridors and other parts of the building adjacent to the Premises to be lighted, cleaned and generally Cared for, accidents and Ltuavoid able delays excepted, RULES AND 4, 4be rules and regulations at tile end of this Lease constitute a part of this Lease. Lessee shall REGULA11ONS observe and comply with them, and also with such further reasonable title,,,, and regulations as rutty later be required by Lessor for the necessary, proper acid orderly carer of the Building in which Premises are located. ASSIGNMENT, 5. Lessee shall neither sublet the Premise s or tiny part t1wreof riot assign this Lease sualixTrING 'nor pr:rrnit by any act or default any transfer of Lessee's interest by operation of law, Nor offer tile Proramt9 or any part thereof for lease or sublease, nor permit tile I'm thereof for any purpose other than as, above mentioned, without in each case the written Consent of Lessor. SURRENDER G. Lessee shall quit and surrender the Premises at the end (A the totirn in as good condition as that OF PREAUSES reasonable use thereof will permit, with all keys thereto, and shall riot make any alterations in the Premises without tile written consent of Lessor; and all alterations which may be trade by either party Itereto upon the Premises, except movable furniture and fixtures put in at the expense of Lessee, shall be the property of Lessor, and shah reirtain upon ,and be surrendered with tile llrcnu.�es as it part thereof at the terrionatiou of this lease, NO WASTE ? Lessee shall restore the Prernises to Lessor, with glass of like kirld luid quality in tile several doors OR MISUSE and windows thereof, entire and unbroken, as is Flow therein, and will net allow arty waste of the water Or miIalse or neglect the water or light fixtures on the Premises, and,will pay all darnages to the Prernises ots well as all other darnago to odier tee anus of the Building, caused by such waste or misuses, TERMINATION, 8, At the termination of thil lease, by htpse of time or otherwise, Ussee lAgrees to yield up ininvedi- ARANDONNIENT, ate and peaceable possession to Lessor, and firthso to do, to pay as liquidated damagesr , fothe whole R&EN'ntY, RELE'61NG' time slich POSSC%sion is withheld, the sum of I I - ------- Dollars per clay, and it shall be lawful for the Lessor or his legal re )resentafie ve at arty time thereafter, without notice, to re-enter the Premises or any part thereof, either Milt or (to the extent permitted by law) without process of law, and to expel, remove and put out the Lessee or any I ersion or persons occupying the same, using such force as may be necessary so to do, and to repossess renjoy the Premises again as before this lease, without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenants; or in case the Premises shall be abandoned, deserted, or vacated, and remain unoccupied five days conseeu- tively, the Lessee hereby authorizes and requests the 1.essor as Lessee's agent to re-enter the Premises arid reprove all articles found therein, place them in some regular warehouse or other suitable stcara c place, at the cost and expense of Lessee, and proceed to ,, L re -rent tile Premises at ill(essor Is option an discretion and apply all money so received after paying the expenses of such rernoval toward the rent accruing under this lease. This request shall riot in any way be consartled its requiring tiny corophance therewith oil the part of the Lessor, except as required' by filitioet statute. If the Lessee shall fail to pay the rent at the, t times, place anti in the manner above Provided, find the Same shall remain unpaid five days after the day whereon the same should be paid, the Lessor by reason, thereof shall be authorized to declare the terin ended, and the Lessee hcrcb� C.X'iressly 'waives ill] Fight or rights to any notice or demand under any statute of the state relative to 0 le entry or detainer or landlord arid teriant, and agrees that the Lessor, REMOVED his agents or assigns may begin Suit for POSSCSSi011 OF rent Without notice or demand, PROPERTY 9In the event of re-einry anct re'll0val of the, articles found (.in tile Premises as hereinbefore provided,, the Lessee hereby authorizes and requests the Lessor to sell tile same at public or private sale with or without notice, and the proceeds thereof, after paying the expenses of removal, storage and sale to apply towards the rent reserved herein, rendering the civerplui¢, if Any, to Leusee upon dcniand. 13 LESSOR NOT 10. Exr.3q.)t as provided by Illinois statute, the Lessor shall, not be liable for wry loss ofino crtyordefects "dir" Inl'r darna of ttes Lessee in or LIABLE , any or property 0 r 0 s Vc """' trub, 4 10 On al� r a "'ll I 'do rate, issue or flow ft "out I "I'd 1-11 Nre P' in U ing g out tiny parui t drig fsr tilt P e An P tire, sinne. f7he Lessee hereby rer i's I I s ?I frod, tile, In", It CEN ad I rualk" it, claim lo, any 1 -ch 11 er, e, Lessor shall not be liable d felt dran 91� Is ' to toy any rage place it) the Building, such or f of at, , �e f, ly, to gwfaezy-,�-:,- a6, � P, a, boning obligations of this lease. r rotor OPTION TO IL In the event that the Lessor, his successors, attorneys or assigns shall delare for regain the TERMINATE possession of tile premises herein (Inscribed, for air), mason, Lessor shall have the option of so doing upon riving the 1'esson: thirty (lays" notice of Lessor's election to exercise such option. CONFESSION 12, If default be nuide in tire paylaCrIt of rent, or any insladroollf therecif, vis herein provided, Lessee OF JUDGMENT herebyirrevocab)y congpiptes any attorney of any Court of Record in ffiiS State, attorney for Lessee and in Lessee, s natire, front tribe to three, to enter the appearance of Leme, to waive the issuance of process and service thereof, to warve trial by jury, and to confess judgment in favor of Lessor agairost Lessee for the arromont of rent which may be then title herrundcr, together With costs of sit![ and a reasonable still) for plainfiff's attorney's fees in or abrart the entry of such judgment, and to waive and release all errors and right of appeal front any such judgment,, and to cirnscia to all inunediate execution thereon. PLURALS; 13. The words "Lessor'" and "Lessee" wherever used in this lease shall be construed to) mean Lessors or SUCCESSORS Leaseva in all cases, where there is rulara titan one Lesclr of Lessee, and to apply to individuals, urale or female, or to firnrog or corporations, as the same may be, described as Lessor or Lessee herein, and the neeessary grarninatical changes shall be issurned in each carie as though fully expressed. All coveriant.s, promises, representations and agreements herein contained shall be binding upon, apply and inorre to the benefit of Lessor and Lessee and their :reqfrecrive heim, legal representatives,, successors and assigns. WIlk' NLSS the hands arid seals of die parries hereto, as <,if the Date of Lease stated above, J'Ids Lease inofludes as rider orf even date containing paragraphs 14 to) 24 Inclusive, _ _(SEAL) 's RU _a — A ND REGULATIONS I No sign, adverfistronent or notice sbali be inscribed, banned or affixed on any port of tile conside or inside of pending, except oil tile glass of tire doors slid whitlows of the revoint ]eased and ME the directory board, and then only of' such color, size, style and material 113 shrill be first specified by the Lessor In writing, andorsed on chis lonose. No showellso, shall be placed in front cif Building by Lessee, without the written consent of Lessor a L derived on this lease. the Lessor reserves tile right to remove all other shins and Nholecasive without notice to are Josaec, At the expense of the, Lesscc. At the expiration of tile term 1.0triale, is, to) remove fill his signs from such windows, doors and directory board. G. Lessee shall ease put lip or, upwata, any sfillnit eogme,, boilef, eau. chinevi, or lative upon the Preentses, or carry on any IneidiarneW butainesi on Premises, or use, or store inflarturnable floduts fax the Prenonses without tile written consent of the Lorswr first had vital endoised ora this sears, and ail stoves which may be vinrwo„d it, the Premises strall be placed and set up according to the city ordinance. 3, Nor additional 'rocks ahall be placed upon any doors (if said roorn withOUt the written consent of the Lessee first had and rot.. doised upon this lease; and the Lessee will flat perrint any dupli- cate keys tea he Inade (all necessary keys to be furnished by the 14ssor) and upon the lernarradun of this brise, I essee will Sur - tender all keys of Pretruses tual fiuildinlr. 4. All safes shall Ile carried tip or into Promises at stwli times and in seen a Mannar as shall be spiscifted by the Lessor; the LesEoor shall in all Cases retain tile power to prescribe the proper posi- bell of such safes, slid any damage done to the Building by tak- his it, or Putting out a safe, or from ovroloadfinit the floor with any in 'a fe, snail) be paid by tile, Leovsee, Ypnruitnre, box" -r � or tithe bulky u articles behmusing, to Lessee $bull rio carried lip ill Elie irc�kgih Iel"I'motment of the elevators of the Building; packages 1XII, cirri be carried by one person and ma exceeding fifty pounds ill weight, rnav, however, be carried down by the pas- songier elevareir, at 5uAh darn at may be allayed by the nuin- agulnelIC 5. No person or- personro other than the jannor of thus budding shall be employed by Lessee for tile, Purpose of tivionat chalge (if Prouldses without the, written consent of Lwcoor first had and en- dorseol Upson nits lease, Ally person or persons so employed by Lessee (wldi the vviitteu consent of the I essor) finnst be subject to and under are content and direction of tire janitor of tile Building in all duraii in the Building and outside of the Prem, isec. Pre asset and bather of the fluddhill shall at all times keep a pass key art(i be allowed actuatuarice to the Premises, to cover rmy emergency of fire, or reclaeod exarromation, that fflay arlSe, 6, The plerniseq leased shall not be used fill. tire purpose of lodging or sleeping rourns or to) any irtimolod (it Megal purpose, 7. The itsit of an office will include occupancy of office, Witter to) Lessor's standard fixtures, treat, and elevator service during tell - scalable, working burns; but lessor shall not be liable for any damages froom tire stoppage of water, treat or elevator service, B. If 1,essee desires telegraphic or telephonic connections, the Lessor vviii direct the electricians its to where, and bass tire wires are to be inErrodueed, and without such written directions en" cheesed on this lease no boring or cutting fur wires will Ise pennitted. 9. If Lelepe desires Venetian or other, awifings or shades over and ornsivic of' the windows, to be in"aed at the Lessial's expense, they must be of such shrope, colormaterial and make as rnaY be prescribed by the Lasnor its writing an this lellse. 10. 'Tile radit throusil tile firansonts opening into the hall shall not be ortntsucted by the, Lessee. Birds, dogs, or other- animals shall not' be allowell ill tire Building. All tenants and occuporrus tritud ofvsca ve strict care not to leave their windows open when it rains or $news, and for tiny default or carelessness in these respects, or any of them, &hall make good :kit injuries sustained by other teriants, are also all darnalve ro the Building resulting from such default or cwelesiness. 11. No rmckagea, merchandise c,, a,thm ff,,t, sIndl bu allowed to remain in the holds At Orly time. 11 The Lessor reserves the right it) rnake suich )that and further reasonable rules and regulations as in lots judgment may, front runs to) nme be needfod for the safety, care, and cleanliness of the I'mmiscs and for tire preservation of good order therein. 13. It is vivierglooef and agreed between tile, Lessee rent die Lessor One[ no assent or consent to change to or waive, of any part of this Jesse has been or call be rnade uniess done in writing slid endorsed hereon by the Lesser; and in such case it shall operate only for the time arid purpose in such lease expressly stated. ASSIGNMENT BY LESSOR On this ..... . . ...... .. 19_ for value received, Leswr hereby transfers, assigns arrol sets ovol - - ----- all right, title avid interesi in slid to the above [..ease and the rent thereby reserved, except rent due and payable prior In ... ... .. .. 19 Oil this t�� 22' GUARANTEE in consideration of 10s) Dollars ($1C)00) and other good and valuable con- sideration, the receipt and suffirency of which I,-, hereby acknowkidged, the undersigned Guarantee hereby guarantees rule payment of rent and performance fly Lesson, Lessee's heirs, executors, ach , . tKe eabove kmse� trollst not, successors va assigns of all covenants and agreements of NOIEi Ube Form Num1mr, 12-11' file —ignalaint by Lessee, 14 RIDE.R P�,'.FTACHE'DTO AND MADE A. PART Of` OFFICE LEASE DATED FEBRIJARY 2, X02 BYA:ND B11TWEEN KX YSA('[,I.,C,.MOIJN'I'I)ROSP.EC'T', IL (LESSOR.) AND UXIN SUN (LESSEE) FORTHE OFFICE SPA("T LOCATED AT 200 FASTE'VER.GR E1,N, M0U)NTPR0SPf`,CT, IL FOR. ATT"RM COMMENCINGW MARCH 1, 2022 AND ENDINGx SP'1rTU,'MBF7,R 0, 023. 14, S,1'1QUTU_ TYQEPQS1'f -To secure the faithi:til perforniatice Lessee of all tile covenants, conditions and agreements in. this lease set forth md contained herein on the [)art of Lessee to be ffilfilled, Lessee has deposited with J,essor the sum of' $945.00 as a, Security Dej,,)osit ma the specific undQrstanding tfial, if Lessee shallfilithfully erfbrm all the said covenants and agreements in this lease to be perfortned by Lessee, the sum deposited or the part or portion thereof not previously applied, shall be rclltum. ed to Lessee without interest no, later than thirty (30) days following the expiration of this lease or any renewal or exte.rision thereof., provided Lessee has vacated the premises and surrendered possessiontbereof to Lessor at the expiration ofthe terrn or any extension thereof as - provided herein. In the event that t1w, lease is terminated prior to the date that the taxes fior the previous year are, determined, the Sectirity Deposit will be held until such time that the tax. adjustment can be determined. 15. ADDI't '.IONA L, R,I,.,,NT, --- I he net leaseable area of" the premises is 11,885sq.ft. 177e leased areaa of Lessee"s premises is 540 sq, ft. Tbe 2015 real estate tax stop is $90,278.00 nand this surn wm considered when determining the rental under the lease term, In the event the mnount of real estate taxes paid by Lessor with respect to the building in which the demised promises are located and the parking area Servicing the building shall exceed in anylease year of the terin of",the lease or any extension period the sum of $80,278.00 expected to be paid with respect to the building during the first calendar year of the term hercof, Lessee shall pay Lessor, as additional rental, a lar orata share of such excess taxes inthe ratio that the square, foot area ofthe dernised premises bearsto the rentable square foot area, (11,885) ofthe building in which the demised premises are located. Lessee's share of" such increased tmes.1'"or any lease ye,,ff shall, at Lessor's option, be paid annually upon presentation of bills thereof, or paid in twelve (12) eqUal monthly installments sirnultaneously "/it[i Lessee's monthly rental fi)r the next succeeding lease year. "Lease years" shall be fisc-alyears consisting of twelve (12) consecutive monthly periods cornmencing on the cornmencement date of this lease. 15 16. 'CON11) ' Ij ' - 'T'ON - 01`11RE�MES IS - Lessee has exain med and noted the f condition o the prernises and auknowledges receipt of same in good order arid. repair and further acknowledges that no representations as to the conditk)n and repair thereof have been made by Lessor, or his agent, prior to or upon execution Cif 't lease that are not expressed berein. Lessee agrees to keep the prernises in good reprdr, replacing all broken O!ass and plumbing fixtures witli others of equal quality and will keels the preniist-,-s in a clean and bealthful condition. Should the suite befreshly pairited upon commencing of the lease and the lease is terminated prior to three years, the cost of'painting shall be prorated and the Lessee shall pay that portion of'the cost based on the remaining three from the terrnination of lease to the completion of three years from the initial signing of the lease, IT NJECHANICS' LIENS- Lessee sball not permit any mechanics' or materialinen's fiens toe placed on thepremises or on the building ofwbich the prernises ,we as part, and in case of dic fifing ofany such lien 1..,essec will promptly pay the sarri.e. If, det"wilt in payrnent of any such. lien shall continue firr thirty (30) days after writterl notice thereof from Lessor to Lessee, Lessee shall have the rigbt and privilege at. Lessc)r's option of paying the sarrie or any portion thereof withatit inquiry as to the validity the-reof, and any amounts so paid. including attorneys' flies, expenses and interest, sbaR be so rnuch additional rent dueliereunder from Lessee to Lessor wid shall be paid to Lessor immediately upon renditiori ofa bill therelor, 18, LEASETERMfN- ATION .-,- The Lessor shall noif t� the Lessae Sixty (60) (lays prior to termination of current lease, terms of riew lease. Ttie Lessee shal I notify the Lessor Forty -Five (4S) days prior to lease termination whether or riot Lessee will be renewing above lease. 19ESS 'S MDEMNrry ---. 1..,essee covenants Find ap!tes to protect and save and keel) the Lessor forever harnriless and indernnify the Lessor against and for, allpenalty or- damag 1 e , or charges imposed for any violation of any laws (,)r ordinance or occasioned by the action or omission to act of the Lessee, or those holding under the lessee, and the Lessee will at all times indemnify and save and keep lv,iiless dw Lessor against and from any and all loss, cost, damage or expense arising out of or fironi any &.;c iderrt or other occurrences on or about the demised ptvniises, causing itz}tuy to any person or property whomsoever or whatsoever arts will 1.,,)rotect, inderrinify arid save and keep harraless the Lessor against and from any and all clainis and against w -rd from any and all loss, cost, damurge or expense mising out ol'wiy failure of the Lessee in any respect to comply with arid perftmn all the requirements and provisions of this lease. 20, (jTILITIES - Lessee will pay., in addition to the rent specified herei-n, all electric power bills excluding air conditioning levied, taxed or charged on the leased premises lbr and during the firne for which the lease is granted aridin case said charges are not paid when due, Lessor shall have the rig lat to pay the sarne, which.amounts so paid shall be additional rent and payable with the iris tal Itnent of rent next daze thereafter. 1"Asseewill be responsible for the purchase and replacen'tent of any fight biAbs. 16 21. FIRE AND (..ASIJA,L"l'Y ---- fir the event, the pretnises shall be rendered untertaritable by fire, or other casualty, Lessor, may at its option, teralinate tbis lease, or repair the prernises within sixty (60) days and fifiling to do so, or upon the destruction of said prennses by fire or ot"her casualty, the terin he-reby created shall cease and determine. During the period in which the premisesatre interiantable by reason of fire and other casualty, rent shall abate on a per them basis. 22. SERVICES- Lessor shall providejanitorial services two days per week for all. common and lasses areas, Lessor shall provide ade(�,Iuate oft. -street paricing and public toilets. 23, CARPET PROTEC"TtON - - Lessee wall provide chair pads at each desk. 'area for protection ofcar act, Lessee not using chair pads Arill be responsible fbr &M,age to carpet at tear aination of lease, 24. RENTAL PAYMENT S .--- Lessee will pay rent on. or before the first day of every month. Pavmerits received later than the tenth (10"') of the rnoath shall be assessed a late cMarg e of iive (5%) of theniondily rental as additional rent the following rnonth. Failore to pay this late charge shall ons urate default of lease, IN WITNESS WHEREOF, Lessor and Lessee have hereunto executed this Lease Rider &Q, of t'he day and year written above. KEYSAC i IN ALIXIN THERAPEUTIC MASSAGE ILL February 16, 2022 Village of Mount Prospect Community Development Dept 50 S. Emerson St. 10MOM 1111111 11 111111111 Ig I III III' I I III I LA 0 , Irar-fur�1 �m W Dear Sir or Madam, Below are the comments to the Response for Conditional Use Standards: Comment: The business strives to help those in the community to manage their pain through therapeutic and clinical massage. We are here to help people. Alixin Therapeutic Massage will not be detrimental to 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; Comment: My business will be respectful of others in the building and conduct business in the utrnost morals and standards. 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; 18 Comment: Alixin Therapeutic Massage will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. If anything, we will be an asset to the Village of Mount Prospect. 4. That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided; Comment: The existing building is adequately served by essential public facilities and services through property access with 44 car parking lot. This is a small business and will not impact the S. 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; Comment: "The business will have plenty of parking in the rear and at most will need four parking spaces at the building. C. That the proposed conditional use is not contrary to the objectives of the current Comprehensive Plan for the Village; Comment: Alixin Therapeutic Massage would add more services to Mount Prospect, which helps to achieve the goal of the Comprehensive Plan. This proposal can also provide another asset to the community through the promotion of cultural diversity, which the Comprehensive Plan strives to preserve and foster. 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. Comment: Alixin 'Therapeutic Massage will comply and conform to the applicable regulations of the district, Sincerely, Lixin Sun/Owner 19 LEGAL DESCRIPTION Property Address: 200 E. Evergreen Ave., Mount Prospect, Illinois 60056 Property Identification Number: 08-12-110-031-0000 LOTS 9, 10, 11, 12, AND THE WEST 12 FEET OF THE NORTH 10 FEET OF LOT 13 IN BLOCK 11 IN BUSSE AND WILLE'S RESUBDIVISION IN MOUNT PROSPECT IN THE WEST HALF OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. 20 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -04-22 Hearing Date: March 24, 2022 PROPERTY ADDRESS: 200 East Evergreen Avenue, Suite 128 PETITIONER: Alixin Therapeutic Massage LLC PUBLICATION DATE: March 9, 2022 REQUEST: Conditional Use for Massage Therapy Establishment MEMBERS PRESENT: William Beattie Joseph Donnelly Norbert Mizwicki Walter Szymczak MEMBERS ABSENT: Thomas Fitzgerald Lisa Griffin Donald Olsen STAFF MEMBERS PRESENT: Ann Choi — Development Planner Antonia Lalagos — Development Planner INTERESTED PARTIES: Lixin Sun Chairman Donnelly called the meeting to order at 7:01 PM. Commissioner Beattie made a motion seconded by Commissioner Szymczak to approve the minutes from the Planning and Zoning Commission meeting on February 10, 2022. The minutes were approved 4-0. After hearing two items of new business, Chairman Donnelly introduced case PZ -04-22: 200 East Evergreen Avenue, Suite 128, a request for a conditional use permit to operate a massage therapy establishment at the subject property. The Village Board's decision is final for this case. Ms. Lalagos described the existing conditions of the subject property. She reported that the subject property is a multi -tenant office building with a mixture of professional and medical office uses, and according to Village business license records, Suite 128 has been vacant since 2018. Ms. Lalagos stated that the proposal does not involve new construction or major rehabilitation (50 percent or more), or a change in use which warrants additional parking, therefore no additional off-street parking is required. She relayed the petitioner's business plan to operate a massage therapy establishment offering clinical massage, sports massage, lymphatic drainage, and Tai -Chi massage. Ms. Lalagos stated that the petitioner intends to use the existing floorplan and will obtain a building permit to install a hand - washing sink in the suite, and that no exterior renovations are proposed. She noted that the petitioner submitted a business license application and a massage therapy addendum according to the requirements of Village Code Chapter 11, Article 39, and the Police Department confirmed that the petitioner has met all ordinance standards. Planning & Zoning Commission Meeting — March 24, 2022 PZ -04-22 21 Ms. Lalagos reported that staff found that the proposal meets the conditional use standards and recommends approval of the following motion: "A conditional use permit to operate a massage therapy establishment at 200 East Evergreen Avenue Suite 128." Ms. Lalagos stated that the Village Board's decision is final for this case. Chairman Donnelly swore in the petitioner, Lixin Sun of 200 East Evergreen Avenue in Mount Prospect. The petitioner stated that she is the business owner. Ms. Sun reported that she has a background in Chinese medicine and clinical massage therapy, and her main goal is to relieve people's pain from chronic disease and injuries without the use of medication. She thanked the Commission for their time and trouble. Hearing no further comments or questions, Chairman Donnelly closed the hearing and asked for a motion. Commissioner Beattie made a motion seconded by Commissioner Mizwicki to approve the following motion: "A conditional use permit to operate a massage therapy establishment at 200 East Evergreen Avenue Suite 128." UPON ROLL CALL AYES: Beattie, Mizwicki, Szymczak, Donnelly NAYS: None The motion was approved by a vote of 4-0, with a positive recommendation to the Village Board for the scheduled meeting on April 5, 2022. Commissioner Beattie made a motion seconded by Commissioner Mizwicki and the meeting was adjourned at 7:31 PM. Antonia Lalagos Development Planner Planning & Zoning Commission Meeting — March 24, 2022 PZ -04-22 22 ALIXIN THERAPEUTIC MASSAGfE LI,C' , .......... .... . . .... . March 28, 2022 William,), Cooney, ICP Director ot'CommUflity I)CVe]Opl'l')Cl-lt Village Of'MOLIIII Prospect 50 S. Elmerson Street Mount Prospect, [L 60056 Via, email: bcootl0y((),MOL]titprospect,.oi-g Dear N/Ir. Cooney, I,he Planning & Zoning Commission reconuner)ded approval of our clinical inassagc business by a 4-0 vote. OurreqUest is scheduled to go before Village Board for the ordinance's first, reading April 5, 2021 We are requesting that the Village Board waive the second reading, tentatively schcduled for April 19, 2022, and take fitnal action at the April 5, 2022 meeting becaLISC we, receivedfull. recomrriendation fix)rn the Planning & Zoning Commission. I am very excited to open my first. business in the 1,Jjiit(,-,d States of'America. I appreciate your assistance in I'acilitating this re(ILICSt. ShOUld yoga have any questions, feel tree to contact anew at 641-691- >231 Sincerely, ; Lixin Surl 3731 Salem Walk Northbrook, Illinois 60062 23 I Foxr OF 5RRVEY 101 TOT LN" 1^111'11 "I'm a MWQ Azz, = Ayj r i�x i w l{ 1 W w +iY ..Ij I L...,L ...I I ..L X11 .5., .............. ......... .............. ..................._,..,........ ._..._,.,..._ _.._.,...�.,_ ... ... . .......� .,,. �......_......., .. ................... 9Z IN I �g�e-lg�f bb, 0!0�0:0�0;0�0�0 Oi OZ!0�0; !C) -i6 W4� (DI 0) V m W� V (1Y (D� OAD� CV W� V (D� OICIZ:cs)i �Qio (6 1,1-, c-) Cq r -I I'- Nr r-) : r-. ' 0 j cx), Cy) . 00 0 if cv: -4"' UL T '00 lcv (N:-qtCVpT- c):kO (�,Lo 00' 0040 LO, V- f- 00 co F.- ro 4) a 4" 4 z 0! 12 zi a CIO C%J: Cq N:� C I I i (IN � C%j C,4 64 I- mr v 4A > Z3 co�:5 0 < jLp E! t I i a)� 0 0 CIO C%J: Cq N:� C I I i (IN � C%j C,4 64 I- mr v 4A ALIXIN THERAPEUTIC MASSAGE, LC March 5, 2022 Village of Mount Prospect Cornmunity Development Dept 50 S. Emerson St. Mount Prospect, Illinois 60056 1:0:=14 1111111 MP111111111 rl;;, 'Jjp!�111 Dear Ms. Lalagos, Below are responses to the review comments: 1. Confirm that no interior renovations are proposed that would require a building permit. Response: I intend to install (1) one sink in the unit for washing hands and will submit for a building permit. Attached is the proposal for the work from MiclCity Plumbing Inc. dated 2/5/2022 and. Also, here is a floor plan with proposed sink installation, Otherwise, I have no other interior renovations that I would like to make. 2. Ensure that proper sanitation/bathrooms are available as required by code, Response: The building has shared men's and women's restrooms in the common corridors to the north of the suite. There are (5) five water closets/urinals and will be more than sufficient for my business needs, Sincerely, Lixin Sun/Owner 28 9 m 29 MIDCITY PLUMBING INC 1425 INDUSTRIAL DRIVE ITASCA, ILLINOIS 60143 (630) 860-1501 (630) 860-1434 FAX NAME / ADDRESS Keysac 200 E. Evergreen Suite # 100 Mount Prospect, IL 60056 DATE ESTIMATE # 2/5/2022 17926 Job Location oe 200 E. Evergreen CONTACT PH: TERMS DUE DATE 847-922-7302 15 DAYS 2/5/2022 DESCRIPTION TOTAL TOTAL $3,250.00 IF COLLECTION PROCEEDINGS ARE REQUIRED YOU AGREE TO PAY ANY AND ALL LEGAL FEES, COURT COSTS AND/OR ALL FEES ASSOCIATED WITH ITEMS. SIGNATURE Rill ORDINANCE NO AN ORDINANCE GRANTING A CONDITIONAL USE TO OPERATE A MASSAGE THERAPY ESTABLISHMENT AT THE PROPERTY 200 EAST EVERGREEN AVENUE, SUITE 128 MOUNT PROSPECT, ILLINOIS WHEREAS, Alixin Therapeutic Massage LLC ("Petitioner's, is seeking a conditional use to operate a massage therapy establishment for property located 200 East Evergreen Avenue, Suite 128 and legally described as: LOTS 9,10,11,12 AND THE WEST 12 FEET OF THE NORTH 10 FEET OF LOT 13 IN BLOCK 11 IN BUSSE AND WILLE'S RESUBDIVISION IN MOUNT PROSPECT IN THE WEST HALF OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 08-12-110-031-0000 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 -04- 22 before the Planning and Zoning Commission of the Village of Mount Prospect on the 24th day of March pursuant to proper legal notice having been published in the Daily Herald Newspaper on the 9th day of March 2022; 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: NAYS: ABSENT: PASSED and APPROVED this 5th day of April, 2022 Paul Wm. Hoefert, Mayor ATTEST: Karen M. Agoranos, Village Clerk Village Clerk 31