HomeMy WebLinkAbout8.2 1st reading of AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CAR WASH AND VARIATIONS FOR ACCESSORY STRUCTURES FOR THE PROPERTY LOCATED AT 1791 WALL STREET (PZ-17-22).Item Cover Page
Subject 1st reading of AN ORDINANCE GRANTING
CONDITIONAL USE FOR
VARIATIONS•STRUCTURES•
PROPERTYTHE •
Meeting August 16, 2022 - REGULAR MEETING OF THE MOUNT
PROSPECT VILLAGE BOARD -
Fiscal Impact false
Dollar Amount
Budget Source
Category NEW BUSINESS
Type Action Item
Information
The Petitioner, Natesan Murthy, is seeking conditional use approval to allow a car
wash and variations to the maximum number of accessory structures, maximum
allowable square footage of accessory structures, maximum allowable height of
accessory structures, at 1791 Wall Street, also known as the Subject Property.
The proposed car wash is marketed as a cashless high-end automated car wash
and consists of one principle building, three (3) drive-through pay stations,
accompanying parking lot with twenty-six (26) free vacuum stations and thirty-
three (33) parking spaces, and an underground vault for stormwater detention
toward the eastern portion of the property. The proposed facility will operate on
weekdays from 7 AM to 9 PM during the summertime and 8 AM to 8 PM during the
winter time. During the weekends, the operating hours would be 8 AM to 7 PM on
Saturday and 8 AM to 5 PM on Sunday. The business will employ a minimum of 3
employees per shift and up to 6 employees during peak times. Peak hours are
typically in the early evening during the weekdays and mid-morning on the
weekends.
The proposal meets all bulk regulations and parking setbacks but requires a
number of variations to allow for three freestanding canopies that exceed the
maximum number, size and height permitted for accessory structures. The
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various elements of the proposal are outlined below.
Site Plan: The single -lane automatic car wash tunnel will be an exterior -only car
wash system and will generally have a clockwise rotation around the northern half
of the site. A singular point of ingress and egress is proposed along Wall Street.
The entrance to the car wash drive-through system is located at the northwest
corner of the subject property. Patrons to the car wash will enter from the Wall
Street driveway and vehicles will proceed east through the three queue lanes that
lead to the proposed payment canopy. After payment, vehicles can then proceed
to the car wash tunnel or make a left -turn directly into the vacuum
stations/parking lot. At the entrance to the car wash tunnel, the driver will remain
in the vehicle and the car wash will automatically pull the vehicle through the
tunnel. After exiting the tunnel, vehicles can make a left turn and proceed directly
to the vacuum stalls. The proposed car wash will provide stacking for
approximately 27 vehicles to queue in three approach lanes to the three pay
stations. In addition, there will be stacking for 10 vehicles between the pay
stations and the tunnel and approximately 5 vehicles within the tunnel for a total
stacking of approximately 42 vehicles from the entrance through the tunnel. There
are also 4 vehicles in an outside line available for car preparation.
Bulk Regulations and Parking Setbacks: The proposal meets all setback
requirements. The proposed drive aisles encroach into the front and rear yard
setbacks. The proposal does not exceed the maximum building height of the
lesser of 3 stories of 35 feet, or the overall permitted lot coverage of 75%.
Building Materials: The proposed building provides various building materials,
introduces a number of breaks in the facade with materials changes and a varied
roof line. The elevation drawings indicate the building materials will consist of face
brick above a stone block base and stone block pillars along the main body of the
car wash tunnel. The taller tower elements located at the entrance and exit of the
building will consist of a standing seam metal roof, stucco walls, vinyl window
frames, limestone headers, all above a stone block base. A fabric canopy is
proposed above the entrance to the vending room. The renderings indicate that
neutral colors are proposed.
Parking: The proposal satisfies the overall parking requirement. The Village Code
requires stacking spaces for 20 minutes of waiting plus 1 space per employee
(includes 3 minutes average per car). To avoid disruption of traffic and to provide
a continuous flow from all lanes, the car wash is designed to complete the entire
process of washing from the point of sale at the gate opening to the exit of the
wash in under two minutes. As previously stated, a minimum of 3 employees
would be present at the facility at all times, with a maximum of 6 employees
present during peak hours. The proposed car wash will provide stacking for
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approximately 42 vehicles from the entrance through the tunnel. The proposal
also includes 26 vacuum stalls served for users drying/cleaning the interior of
their vehicles.
Canopies: Per Village Code, each zoning lot is permitted a total of two accessory
structures, and a maximum size of 200 square feet is permitted for each
accessory structure. Detached accessory structures, other than a detached garage
and gazebo, are permitted a maximum height of ten feet (10'). The project
proposes a total of four accessory structures, including one (1) trash/vacuum tank
enclosure and three (3) large freestanding canopies. Two freestanding canopies
are proposed over the vacuum/parking stalls and one freestanding canopy is
proposed over the pay stations. The proposed canopies over the vacuum/parking
stalls include a curving standing seam roof supported by steel columns over a
stone column base. The north canopy over the vacuum stalls measures 150'-11"
by 7'-10" and 1183.75 square feet in area, and the south canopy measures 208'-
6" by 7'-10"and 1636.70 square feet in area. Both canopies are 13'-0" feet tall.
The pay station canopy measures 14'-8" by 27'-5", 427.92 square feet in area,
and stands at a height of 14'-6". Staff supports the requested variations for an
increase to the number of accessory structures, the maximum allowable square
footage, and the increase to the maximum height of the accessory structures.
Trash/Vacuum Tank Enclosure: A 9 -foot tall trash enclosure and vacuum tank
pad will be located at the southwestern corner of the parking lot, along the
Algonquin Road frontage. The elevation indicates the enclosures primary
materials include brick veneer over a limestone base and louvered doors. The
Petitioner will be required to submit detailed plans and landscape screening for
review and approval.
Landscaping: A significant amount of landscaping is proposed site -wide. An
irrigation plan will be required for the proposed development. Additional live
coverage and trees will be required with the approved landscape plan.
Signage: One freestanding sign is proposed for the overall development. The
freestanding sign is located along the Algonquin Road frontage, centered along
the south lot line. The proposed freestanding sign has a maximum height of nine
feet (9') and a maximum width of eleven feet (11'). The total sign surface area of
the freestanding sign is approximately 102 square feet (single face) including both
faces. The proposed freestanding sign contains a stone base in keeping with the
design of the principal structure. Staff notes an existing sign under a permanent
sign easement for the Lake Center Corporate Park is located at the northeast
corner of Algonquin Rd. It is further noted that this existing corporate park sign
does not count towards the maximum number of freestanding signs and does not
count towards the maximum number of signs permitted on the subject property.
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The project also proposed a total of three wall signs. A total of three wall signs is
permitted under the Sign Code.
Site Lighting: The proposed photometric plan is in general compliance with
Village Code. All lighting is required to be fully cutoff and flat lenses are required
for all lighting fixtures.
Traffic: As proposed, staff does not believe the proposed development will have
significant impacts to traffic. The Subject Property is located at the northeast
corner of Algonquin Road and Wall Street and is surrounded by several
commercial and office/industrial parks in the immediate area. The proposal
features a considerable amount of stacking spaces. Based on similar car washes,
the traffic letter determined that the amount of stacking exceeds the requirements
for normal operations and will also be adequate to accommodate its peak
operations (design day), which typically occur after a weather event such as a
snowfall or rain event (typically occurring 12 to 15 times per year). In order to
further ensure that peak demand is accommodated, the following operational
procedures were suggested: increasing the service rate of the tunnel to the
maximum it can process, restricting the use of the vacuum stalls to vehicles using
the car wash first, providing staff at critical locations within the circulation system
during peak periods to manage the traffic flow through the site.
Stormwater: The Subject Property currently proposes an underground vault for
storm water detention. This proposal includes a volume control system that will
meet the requirements of the Village of Mount Prospect. A thorough review will be
completed during permit submittal.
Noise: The proposal includes one vacuum system that is enclosed within the
proposed building, one vacuum system within the trash/vacuum tank enclosure,
and twenty-six (26) vacuum stalls. The vacuum system that is enclosed within the
building produces zero decibels (dB) at the property line. The vacuum system
within the trash/vacuum tank enclosure is equipped with a muffler system,
produces zero decibels at 15 feet from the enclosure, and produces zero decibels
at 90 degrees and 180 degrees. In other words, no sound would escape from the
structure in the lateral direction, only upwards, and noise would be reduced by
45% at angles. The individual vacuums are proposed to the south of the principal
building and silencers/mufflers will be placed on each of the vacuums. Sound
study excerpts from other car washes that were developed by the Petitioner
measure the vacuum use individually and in the unlikely event of all vacuums
operating at the same time. The study also measured the vacuum decibels inside
of a vehicle. Each vacuum would produce anywhere between 13 dB to 38dB at the
property line, and if all vacuums are used simultaneously, the vacuums would
produce 41.8-49.6 dB at the property line (49.6 dB in the very unlikely event all
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26 vacuums and all doors to the tunnel system are open). A vacuum would
produce up to 67 dB within the vehicle.
Environmentally Sensitive Offerings: The Petitioner states the proposed car
wash is designed to be efficient and safe in use. The average water use to wash a
car at home in a driveway will utilize approximately 150 gallons of water. A typical
car wash attached to a gas station facility will use approximately 60 gallons of
water. The proposed car wash will use approximately 15 gallons of water. In
addition, all soaps used within the tunnel system are water-based, biodegradable,
eco -friendly, and odorless.
Staff Recommendation: The Petitioner states that the proposed conditional use
will not be detrimental to the general welfare of the neighborhood, will improve
the property value of the subject property and value of surrounding properties
through the aesthetics of the design, and will not impede the normal and orderly
development and improvement of the surrounding properties. Per the Petitioner,
comprehensive studies including topography, geotechnical, survey and other
investigative studies such as traffic have been conducted to ensure sufficient
infrastructure for operations. With efficient water usage, efficient electrical usage
including lighting, a state-of-the-art drainage and water removal system, it has
been determined that adequate utilities are available and that the operation shall
not be burdensome upon the Village or surrounding properties in connection with
the operation of this use. Staff is supportive of the proposed conditional use to
operate a car wash. The use is compatible with other uses along the Algonquin
Road commercial corridor.
Staff is generally supportive of the variation requests related to the accessory
structures. Staff believes the proposed canopies are integral to the operations of
the vacuum stations, and would provide customers with protection from inclement
or extreme weather. Similar car washes in the Petitioner's portfolio include
freestanding canopies that are of similar height and size to the proposed
development. Staff believes larger and multiple canopies are not atypical for car
washes and the granting of the variations will not have any negative impacts on
the surrounding properties.
Planning & Zoning Commission: At the Planning & Zoning Commission meeting
on August 11, 2022, the Commission recommended approval of the request by a
vote of 7-0. Besides clarifying questions from the Commission, no member of the
public or Commissioner shared any concerns related to the request. Further, staff
has not received any public comment related to the conditional use request or
request for variations.
Waive Second Reading: The petitioner is requesting that the Village Board
5
waive the second reading and take final action at the August 16, 2022 meeting.
Alternatives
1. Approve a variation from Section 14.306(A)(3)(a) to increase the maximum
height of an accessory structure from ten feet (10') to thirteen feet (13'-0")
for the two freestanding canopies over the vacuum stalls and to fourteen feet
six inches (14'-6") for the freestanding canopy over the pay station;
2. Approve a variation from Section 14.306(A)(5) to increase the maximum
number of accessory structures from two accessory structures to four (4)
accessory structures per zoning lot including the three freestanding canopies
and the trash enclosure;
3. Approve a variation from Section 14.306(B)(1)(b)(2) to increase the
maximum size of a freestanding canopy from 200 square feet to 1183.75
square feet for the north freestanding canopy over the vacuum stalls, to
1636.70 square feet for the south freestanding canopy over the vacuum
stalls, and to 427.92 square feet for the freestanding canopy over the pay
station; and
4. Approve a conditional use for a car wash at 1791 Wall Street, subject to the
conditions listed in the attached Ordinance.
5. Action at the discretion of the Village Board.
Staff Recommendation
Approval of:
1. A variation from Section 14.306(A)(3)(a) to increase the maximum height of
an accessory structure from ten feet (10') to thirteen feet (13'-0") for the
two freestanding canopies over the vacuum stalls and to fourteen feet six
inches (14'-6") for the freestanding canopy over the pay station;
2. A variation from Section 14.306(A)(5) to increase the maximum number of
accessory structures from two accessory structures to four (4) accessory
structures per zoning lot including the three freestanding canopies and the
trash enclosure;
3. A variation from Section 14.306(B)(1)(b)(2) to increase the maximum size of
a freestanding canopy from 200 square feet to 1183.75 square feet for the
north freestanding canopy over the vacuum stalls, to 1636.70 square feet for
the south freestanding canopy over the vacuum stalls, and to 427.92 square
feet for the freestanding canopy over the pay station; and
4. A conditional use for a car wash at 1791 Wall Street, subject to the
conditions listed in the attached Ordinance.
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ATTACHMENTS:
PZ -17-22 Plans.pdf
PZ -17-22 Staff Report.pdf
PZ -17-22 Administrative Content.pdf
PZ -17-22 Request for Waiver of 2nd Reading.pdf
PZ 17-22 1791 Wall Street_Choiedits to ORD.pdf
PZ -17-22 Meeting Minutes.pdf
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VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street, Mount Prospect, IL 60056 77 Z
STAFF REPORT FROM THE DEPARTMENT OF Community Development
William J. Cooney, AICP Ann Choi
Director of Community Development Development Planner
DATE: August 4, 2022
CASE NUMBER APPLICANT/PROPERTY OWNER
PZ -17-22 Natesan Murthy
PUBLIC HEARING DATE PROPERTY ADDRESS/LOCATION
August 11, 2022
1791 Wall Street
BRIEF SUMMARY OF REQUEST
The Petitioner, Natesan Murthy, is seeking conditional use approval to allow a car wash and variations to
the maximum number of accessory structures, maximum allowable square footage of accessory structures,
maximum allowable height of accessory structures, at 1791 Wall Street, also known as the Subject Property.
The Village Comprehensive Plan's existing land use map designates the Subject Property as vacant, and the
future land use map as "mixed-use district". This conditional use is consistent with and is supported by the
Village's Comprehensive Plan. The Connect South Mount Prospect 2020: Subarea Plan designates the
property as an opportunity site and recommends retail development to support the multi -family
development in the immediate area. However, the Village has not received any other development requests
for the subject property. The proposed conditional use meets the standards for a conditional use and
therefore staff is supportive of the request.
2022 Village of Mount Prospect Zoning Map
EXISTING EXISTING LAND USE/SITE SURROUNDING ZONING & LAND USE SIZE OF
ZONING IMPROVEMENTS North: 1-1 Limited Industrial (Manufacturing, PROPERTY
B-3 Car wash with related Warehouse) 1.42 Acres
Community improvements East: B-3 Community Shopping (Restaurant), B-3
Shopping PUD (Mixed Use, Commercial and Residential)
South: B-4 Corridor Commercial (Motel), 1-1 PUD
(Office)
West: 1-1 PUD (Detention Pond)
34
STAFF RECOMMENDATION
DENY
APPROVE APPROVE WITH CONDITIONS
BACKGROUND/PROPERTY HISTORY
The Subject Property currently consists of vacant land. The previous ordinance regulating the subject
property are as follows:
• Ord. 2293 —The subject property, as part of nearly 56 acres of land, was annexed into the Village in
1971. At that time, the subject property was zoned B-3 with variations and special uses as part of the
annexation agreement.
• Ords. 3829, 3830 and 3831— In 1987, the Village Board approved requests for a rezoning, text
amendments and variations in order to use the site for a combination of industrial and office research
uses. The Village Board also approved a special use for a planned unit development (PUD) to allow
buildings in the 1-1 and O -R districts to be 80 feet in height or 6 stories.
• Ords. 4029, 4148 and 4277 — The rezoning, text amendment, and special use permit for the PUD from
the 1987 approvals were valid but the variations under Ord. 3830 expired after one year; extensions of
the variations were granted under these ordinances.
• Ord. 6369 — In 2018, the Village approved a request to rezone four lots of Lake Center Plaza (1791 Wall
Street from 1-1 Limited Industrial to B-3 Community Shopping, 1761 and 1731 Wall Street from OR Office
Research to I-1 Limited Industrial, 301 LaSalle Street from OR Office Research to B3 Community
Shopping). A Plat of Resubdivision and granting of easements were also approved via Res. 6-18 in 2018.
PROPOSAL
The Petitioner is proposing to construct a car wash that will be operated by Snap Wash Express Car Wash.
Snap Wash is marketed as a cashless high-end automated car wash and consists of one principle building,
three (3) drive-through pay stations, accompanying parking lot with twenty-six (26) free vacuum stations
and thirty-three (33) parking spaces, and an underground vault for stormwater detention toward the
eastern portion of the property. The proposed facility will operate on weekdays from 7 AM to 9 PM during
the summertime and 8 AM to 8 PM during the winter time. During the weekends, the operating hours
would be 8 AM to 7 PM on Saturday and 8 AM to 5 PM on Sunday. The business will employ a minimum of 3
employees per shift and up to 6 employees during peak times. Peak hours are typically in the early evening
during the weekdays and mid-morning on the weekends.
The proposal meets all bulk regulations and parking setbacks but requires a number of variations to allow
for three freestanding canopies that exceed the maximum number, size and height permitted for accessory
structures. The various elements of the proposal are outlined below.
Site Plan —The single -lane automatic car wash tunnel will be an exterior -only car wash system and will
generally have a clockwise rotation around the northern half of the site. A singular point of ingress and
egress is proposed along Wall Street. The entrance to the car wash drive-through system is located at the
northwest corner of the subject property. Patrons to the car wash will enter from the Wall Street driveway
and vehicles will proceed east through the three queue lanes that lead to the proposed payment canopy.
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After payment, vehicles can then proceed to the car wash tunnel or make a left -turn directly into the
vacuum stations/parking lot. At the entrance to the car wash tunnel, the driver will remain in the vehicle
and the car wash will automatically pull the vehicle through the tunnel. After exiting the tunnel, vehicles can
make a left turn and proceed directly to the vacuum stalls.
The proposed car wash will provide stacking for approximately 27 vehicles to queue in three approach lanes
to the three pay stations. In addition, there will be stacking for 10 vehicles between the pay stations and the
tunnel and approximately 5 vehicles within the tunnel for a total stacking of approximately 42 vehicles from
the entrance through the tunnel. There are also 4 vehicles in an outside line available for car preparation.
Bulk Regulations and Parking Setbacks —The proposal meets all setback requirements. The proposed drive
aisles encroach into the front and rear yard setbacks. The proposal does not exceed the building height of
the lesser of 3 stories of 35 feet or overall lot coverage of 75% permitted.
Building Materials — The proposed building provides various building materials, introduces a number of
breaks in the facade with materials changes and a varied roof line. The elevation drawings indicate the
building materials will consist of face brick above a stone block base and stone block pillars along the main
body of the car wash tunnel. The taller tower elements located at the entrance and exit of the building will
consist of a standing seam metal roof, stucco walls, vinyl window frames, limestone headers, all above a
stone block base. A fabric canopy is proposed above the entrance to the vending room. The renderings
indicate that neutral colors are proposed.
Parking — The proposal satisfies the overall parking requirement. The Village Code requires stacking spaces
for 20 minutes of waiting plus 1 space per employee (includes 3 minutes average per car). To avoid
disruption of traffic and to provide a continuous flow from all lanes, the car wash is designed to complete
the entire process of washing from the point of sale at the gate opening to the exit of the wash in under two
minutes. As previously stated, a minimum of 3 employees would be present at the facility at all times, with a
maximum of 6 employees present during peak hours. The proposed car wash will provide stacking for
approximately 42 vehicles from the entrance through the tunnel. The proposal also includes 26 vacuum
stalls served for users drying/cleaning the interior of their vehicles.
Canopies — Per Village Code, each zoning lot is permitted a total of two accessory structures, and a
maximum size of 200 square feet is permitted for each accessory structure. Detached accessory structures,
other than a detached garage and gazebo, are permitted a maximum height of ten feet (10'). The project
proposes a total of four accessory structures, including one (1) trash/vacuum tank enclosure and three (3)
large freestanding canopies. Two freestanding canopies are proposed over the vacuum/parking stalls and
one freestanding canopy is proposed over the pay stations. The proposed canopies over the
vacuum/parking stalls include a curving standing seam roof supported by steel columns over a stone column
base. The north canopy over the vacuum stalls measures 150'-11" by 7'-10" and 1183.75 square feet in area,
and the south canopy measures 208'-6" by 7'-10"and 1636.70 square feet in area. Both canopies are 13'-0"
feet tall. The pay station canopy measures 14'-8" by 27'-5", 427.92 square feet in area, and stands at a
height of 14'-6". Staff supports the requested variations for an increase to the number of accessory
structures, the maximum allowable square footage, and the increase to the maximum height of the
accessory structures.
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Trash/Vacuum Tank Enclosure —A 9 -foot tall trash enclosure and vacuum tank pad will be located at the
southwestern corner of the parking lot, along the Algonquin Road frontage. The elevation indicates the
enclosure's primary materials include brick veneer over a limestone base and louvered doors. The Petitioner
will be required to submit detailed plans and landscape screening for review and approval.
Landscaping—A significant amount of landscaping is proposed site -wide. An irrigation plan will be required
for the proposed development. Additional live coverage and trees will be required with the approved
landscape plan.
Signage — One freestanding sign is proposed for the overall development. The freestanding sign is located
along the Algonquin Road frontage, centered along the south lot line. The proposed freestanding sign has a
maximum height of nine feet (9') and a maximum width of eleven feet (11'). The total sign surface area of
the freestanding sign is approximately 102 square feet (single face) including both faces. The proposed
freestanding sign contains a stone base in keeping with the design of the principal structure. Staff notes an
existing sign under a permanent sign easement for the Lake Center Corporate Park is located at the
northeast corner of Algonquin Rd. It is further noted that this existing corporate park sign does not count
towards the maximum number of freestanding signs and does not count towards the maximum number of
signs permitted on the subject property. The project also proposed a total of three wall signs. A total of
three wall signs is permitted under the Sign Code.
Site Lighting—The proposed photometric plan is in general compliance with Village Code. All lighting is
required to be fully cutoff and flat lenses are required for all lighting fixtures.
Traffic — As proposed, staff does not believe the proposed development will have significant impacts to
traffic. The Subject Property is located at the northeast corner of Algonquin Road and Wall Street and is
surrounded by several commercial and office/industrial parks in the immediate area. The proposal features
a considerable amount of stacking spaces. Based on similar car washes, the traffic letter determined that
the amount of stacking exceeds the requirements for normal operations and will also be adequate to
accommodate its peak operations (design day), which typically occur after a weather event such as a
snowfall or rain event (typically occurring 12 to 15 times per year). In order to further ensure that peak
demand is accommodated, the following operational procedures were suggested: increasing the service
rate of the tunnel to the maximum it can process, restricting the use of the vacuum stalls to vehicles using
the car wash first, providing staff at critical locations within the circulation system during peak periods to
manage the traffic flow through the site.
Stormwater—The Subject Property currently proposes an underground vault for storm water detention.
This proposal includes a volume control system that will meet the requirements of the Village of Mount
Prospect. A thorough review will be completed during permit submittal.
Noise—The proposal includes one vacuum system that is enclosed within the proposed building, one
vacuum system within the trash/vacuum tank enclosure, and twenty-six (26) vacuum stalls. The vacuum
system that is enclosed within the building produces zero decibels (dB) at the property line. The vacuum
system within the trash/vacuum tank enclosure is equipped with a muffler system, produces zero decibels
at 15 feet from the enclosure, and produces zero decibels at 90 degrees and 180 degrees. In other words,
no sound would escape from the structure in the lateral direction, only upwards, and noise would be
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37
reduced by 45% at angles. The individual vacuums are proposed to the south of the principal building and
silencers/mufflers will be placed on each of the vacuums. Sound study excerpts from other car washes that
were developed by the Petitioner measure the vacuum use individually and in the unlikely event of all
vacuums operating at the same time. The study also measured the vacuum decibels inside of a vehicle. Each
vacuum would produce anywhere between 13 dB to 38clB at the property line, and if all vacuums are used
simultaneously, the vacuums would produce 41.8-49.6 dB at the property line (49.6 dB in the very unlikely
event all 26 vacuums and all doors to the tunnel system are open). A vacuum would produce up to 67 dB
within the vehicle.
Environmentally Sensitive Offerings — The Petitioner states the proposed car wash is designed to be efficient
and safe in use. The average water use to wash a car at home in a driveway will utilize approximately 150
gallons of water. A typical car wash attached to a gas station facility will use approximately 60 gallons of
water. The proposed car wash will use approximately 15 gallons of water. In addition, all soaps used within
the tunnel system are water-based, biodegradable, eco -friendly, and odorless.
ADDITIONAL STAFF COMMENTS
Public Works — A complete stormwater management report is required during the building permit
submittal. Permits will be required from the Illinois Department of Transportation for the storm sewer
connection proposed in the Algonquin Road right-of-way, and from the Metropolitan Water Reclamation
District of Greater Chicago (MWRD) for all sanitary and stormwater management improvements.
Fire —An NFPA 13 compliant fire sprinkler system is required. Fire sprinkler shop drawings, hydraulic
calculation, and equipment cut sheets are required for permit submittal. Additional fire hydrants may be
required for this project. Hydrants shall be provided around the perimeter of the building at a maximum of
three hundred feet (300') spacing measured along access roads. Such hydrants shall be installed not more
than fifty feet (50') nor less than twenty-five feet (25') from the building. Fire hydrants will be required
within three hundred feet (300') (spacing) around the entire building. An additional fire hydrant will be
required for the driveway area south side. An emergency vehicle apparatus turning plan will be required
prior to the approval of the site layout.
Building —A full review of the construction documents will be completed upon full building permit
submittal.
COMPATIBILITY WITH VILLAGE CODE
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.
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The standards for a variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include
seven specific findings that must be made in order to approve a variation. The following list is a summary of
these findings:
• A hardship due to the physical surroundings, shape, or topographical conditions of a specific
property not generally applicable to other properties in the same zoning district and not created by
any person presently having an interest in the property;
• Lack of desire to increase financial gain; and
• Protection of the public welfare, other property, and neighborhood character.
The Petitioner states that the proposed conditional use will not be detrimental to the general welfare of the
neighborhood, will improve the property value of the subject property and value of surrounding properties
through the aesthetics of the design, and will not impede the normal and orderly development and
improvement of the surrounding properties. Per the Petitioner, comprehensive studies including
topography, geotechnical, survey and other investigative studies such as traffic have been conducted to
ensure sufficient infrastructure for operations. With efficient water usage, efficient electrical usage
including lighting, a state-of-the-art drainage and water removal system, it has been determined that
adequate utilities are available and that the operation shall not be burdensome upon the Village or
surrounding properties in connection with the operation of this use.
Staff is supportive of the proposed conditional use to operate a car wash. The use is compatible with other
uses along the Algonquin Road commercial corridor.
Staff is generally supportive of the variation requests related to the accessory structures. Staff believes the
proposed canopies are integral to the operations of the vacuum stations, and would provide customers with
protection from inclement or extreme weather. Similar car washes in the Petitioner's portfolio (Voda in
Orland Park, Love in Carol Stream, and Squeaky G's in Bartlett) include freestanding canopies that are of
similar height and size to the proposed development. Recent Village approvals associated with 950 N.
Elmhurst Road (Chick-Fil-A) include a conditional use that includes two canopies (3 accessory structures)
measuring 1,334 square feet and 511 square feet in area. Everclean Car Wash, located at 300 E. Rand Road,
was approved in January 2020, and conditionally approved one freestanding canopy measuring 310.5
square feet in area and a height of 10'-9". Staff believes larger and multiple canopies are not atypical for car
washes and the granting of the variations will not have any negative impacts on the surrounding properties.
RECOMMENDATION
Staff finds that the proposal meets the conditional use and variation standards as listed in the Zoning Code.
Therefore, staff recommends that the Planning & Zoning Commission make a motion to adopt staff's
findings as the findings of the Planning and Zoning Commission and recommend approval of the following
motions:
"To adopt staff's findings in the staff report as the findings of the Planning and Zoning Commission and
recommend approval of:
1.9
39
1. A variation from Section 14.306(A)(3)(a) to increase the maximum height of an accessory structure
from ten feet (10') to thirteen feet (13'-0") for the two freestanding canopies over the vacuum stalls
and to fourteen feet six inches (14'-6") for the freestanding canopy over the pay station;
2. A variation from Section 14.306(A)(5) to increase the maximum number of accessory structures from
two accessory structures to four (4) accessory structures per zoning lot including the three
freestanding canopies and the trash enclosure;
3. A variation from Section 14.306(B)(1)(b)(2) to increase the maximum size of a freestanding canopy
from 200 square feet to 1183.75 square feet for the north freestanding canopy over the vacuum
stalls, to 1636.70 square feet for the south freestanding canopy over the vacuum stalls, and to
427.92 square feet for the freestanding canopy over the pay station;
4. A conditional use for a car wash at 1791 Wall Street subject to the following conditions:
1. The Petitioner shall address all comments provided in the Village review letter dated July 28,
2022;
2. In lieu of not meeting foundation landscaping to the west, additional shrubbery shall be
added to the landscape islands to the west near the exit of the car wash that exceeds
code;
3. Development of the site in general conformance with the site prepared by Terra Consulting
Group, Ltd., bearing the latest revision date of 07-20-2022;
4. Development of the building in general conformance with the floor plans and elevations
prepared by Ned Architects dated 06/01/2022;
5. Compliance with all Development, Fire, Building, and other Village codes and regulations;
6. Submittal of an irrigation plan;
7. Submittal of a landscape plan which complies with Village Code requirements;
8. Silencers/mufflers shall be placed on each of the vacuums;
9. All exterior lighting shall be full cutoff and pointed straight down;
10. Trash enclosure shall be constructed of masonry with a color matching/blending gate that is
minimum U in height;
11. Building materials shall be of the similar/same quality if the exact material specified in the
building elevations is not available;
12. Wayfinding and traffic control signage shall be provided and operational procedures shall be
implemented, as recommended in the Traffic Study;
13. Submittal of a preliminary and final building code analysis; and
14. Subject to IDOT and MWRD approval."
The Village Board's decision is final for this case.
INISTRATIVE CONTE PLANS OTHER
ATTACHMENTS: (Zoning Request Application, Responses to Plat of Survey, Site Plan, etc.) (Supplemental Information, Public
Standards, etc... Comments Received, etc...)
I concur:
�4 qLM, V.
William J. Cooney, AICP
Director of Community Development
7
40
Village of Mount Prospect
Community Development Department
50 S. Emerson Street
Mount Prospect, Illinois 60056
Phone: (847) 818-5328
Zoning Request Application
Official Use Only (ro be completed by Date of SubmiVillage,
Cate, Number, P&Z ssion:
Hearing
Project Name/Addrq.9s:
1. Subject Property
Address(es):
Zoning District (s): —B-3 Community -SL(JP-PLn9.Rtitri—ct Property Area (Sq.Ft. and/or Acreage): 1.55 Acres
Parcel Index Number(s) (PIN(s): 08-23-203-044-0000
. . ......... _.... . ....... .. ......... . .. ..
11. ZdningRequesii(s) (Check all that apply)
rA Conditional Use: For
press Car Wash FaLilLty_
Variation(s); To Numb 'of.@��gesso
�Li . -r Strqctufes(4l,!�iLzeQf.2aqh.cano and height of each cangpy
El Zoning Map Amendment: Rezone From
See 'i�x�kibit G To
Ll Zoning Text Amendment: Section(s)
El Other:
IV. Applicant (all. correspondence will be sent to the applicant)
Name: Nat an K�urth Corporation: None
Les— _y . ..... —11.1.1 ................... .
Address: 6400 N. Northwest tiqt%h��y_§�ulte 4
- -- . . ........
City, State, ZIP Code: Chicago, Illinois 60631
Phone: (832)264-9668 Email: Natsunitech@icloud.com
.............
Interest in Property: Contracted Buyer
(e.g. owner, buyer, developer, lessee, architect, etc...)
I
41
V. Property Owner
El Check if Same as Applicant
- - ------ ... ..... .... . .... - ------ - - --------
Name: .-Chicago Title Land Trust Company Corporation:
Address: 3201 Old Glenview Road Suite 302 GVH
City, State, ZIP Code: Wilmette, Illinois 60091
. ... ... . .....
Phone: I mf reed man@afl aw.com Email:
Chicaqo Title Land Trust
rtho masr(bal tera ro u c. com
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: 6/28/2022
Natesan Murthy
(Print or Type Name)
If applicant is not property owner:
I hereby designate the applicant to act a
application and the associated suppoft,5-9
Property Owner:
re)
of seeking the zoning requests) described in 11his
Date:
--A
(Print or Type Name)
1)
'A/ 314ibo ctbA-
u
EA
42
1. A variation from Section 14.306(A)(3)(a) to increase the maximum
height of an accessory structure from ten feet (10') to twelve feet six
inches (12'-6") for the two freestanding canopies over the vacuum stalls
and to fourteen feet six inches (14'-6") for the freestanding canopy over
the pay station;
2. A variation from Section 14.306(A)(5) to increase the maximum
number of accessory structures from two accessory structures to four
(4) accessory structures per zoning lot including the three freestanding
canopies and the trash enclosure;
3. A variation from Section 14.306(B)(1)(b) to increase the maximum
size of a freestanding canopy from 200 square feet to 1183.75 square
feet for the north freestanding canopy over the vacuum stalls,
to 1636.70 square feet for the south freestanding canopy over the
vacuum stalls, and to 427.92 square feet for the freestanding canopy
over the pay station.
43
Affidavit of Ownership
COUNTY OF COOK
STATE OFILLINOIS
L under oath, state that |am
(print name)
El the sole owner of the property
Xan authorized officer for the owner of the property
�
commonly described Northeast Corner of Algonquin Road and Wall Street
(property address and PIN)
PIN 08-23-203-044-0000
and that mohpmpe�yisownedby asofthis da*e�
(print name)
Signat re
Subscribed and sworn iobefore
me this day of
-.-I ELIzABETH7LA. SOTO
.2"
OFFICIAL SEAL
ENOWY Public - State ol lili]nois
't 31 2024
My Comrn7jssian Expires Cct 31, 2024
Notary Public
44
ALTA COMMITMENT FOR TITLE INSURANCE
Commitment Number:
Issued By:
HICA(30 TITLE CCH12203472LD
-He]W K= -
IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE
INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE
CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION,
OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY
THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION,
ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY,
AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT.
THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY
OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and the Commitment Conditions,
Chicago Title Insurance Company, a Florida corporation (the "Company"), commits to issue the Policy according to the
terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A
for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar
amount as the Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I -Requirements have not been met within one hundred eighty (180) days after the
Commitment Date, this Commitment terminates and the Company's liability and obligation end.
Countersigned By:
/ 1��v
/_ �_4Z7
Michael J. Nolan
Authorized Officer or Agent
Chicago Title Insurance Company
By:
Attest:
Michael J. Nolan, President
Marjorie Nemzura, Secretary
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part 11 -Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. AM RIC ,
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08/0112016) Printed: 05.24.22 @ 04:22 PM
Page 1 IL-CT-FA83-02100.231406-SPS-1-22-CCH12203472LD
45
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. CCH12203472LD
Transaction Identification Data for reference only:
ORIGINATING OFFICE:
FOR SETTLEMENT INQUIRIES, CONTACT:
Chicago Title Insurance Company
Chicago Title and Trust Company
10 South LaSalle Street, Suite 3100
10 South LaSalle Street, Suite 3100
Chicago, IL 60603
Chicago, IL 60603
Main Phone: (312)223-4627
Main Phone: (312)223-4627 Main Fax: (312)223-3018
Email: chicagocommercial@ctt.com
Order Number: CCH12203472LD
Property Ref.: SW CORNER ELMHURST ROAD AND LASALLE STREET, Mount Prospect, IL 60056
SCHEDULE A
1. Commitment Date: May 6, 2022
2. Policy to be issued:
(a) ALTA Owner's Policy 2006
Proposed Insured: Natesan Murthy
Proposed Policy Amount: $775,000.00
(b) ALTA Loan Policy 2006
Proposed Insured: Lender with a contractual obligation under a loan agreement with the Proposed
Insured for an Owner's Policy
Proposed Policy Amount: $10,000.00
3. The estate or interest in the Land described or referred to in this Commitment is:
Fee Simple
4. The Title is, at the Commitment Date, vested in:
Chicago Title Land Trust Company, as successor to Lasalle National Trust, N.A., as successor trustee to Lasalle
National Bank , a national banking association , as Trustee under Trust Agreement dated March 9, 1970 and
known as Trust Number 40666
5. The Land is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
END OF SCHEDULE A
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part 11 -Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. -RICAN
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08/0112016) Printed: 05.24.22 @ 04:22 PM
Page 2 IL-CT-FA83-02100.231406-SPS-1-22-CCH12203472LD
46
EXHIBIT "A"
Legal Description
Lot 2 in Lake Center Plaza Resubdivision No. 4, being a Resubdivision of Lots 8, 9, 10 and 11 in Lake
Center Plaza, a Resubdivision in the Northeast 1/4 of Section 23, Township 41 North, Range 11, East of
the Third Principal Meridian, according to the Plat thereof recorded March 20, 2018 as Document No.
1807906120, in Cook County, Illinois.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B. Part I -Requirements;
Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form.
M LN ,,,1,I 1
�N„
Copyright American Land Title Association. All rights reserved. ,.
A-11 IA 11111
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. J
ALTA Commitment for Title Insurance (08/01/2016) Printed: 05.24.22 @ 04:22 PM
Page 3 IL-CT-FA83-02100.231406-SPS-1-22-CCH12203472LD
47
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. CCH12203472LD
SCHEDULE B, PART I
REQUIREMENTS
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then
make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must
be properly authorized, executed, delivered, and recorded in the Public Records.
5. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation,
distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving
Land that is associated with these activities.
6. Be advised that the "good funds" of the title insurance act (215 ILCS 155/26) became effective 1-1-2010. This act
places limitations upon the settlement agent's ability to accept certain types of deposits into escrow. Please contact
your local Chicago Title office regarding the application of this new law to your transaction.
7. Effective June 1, 2009, pursuant to Public Act 95-988, satisfactory evidence of identification must be presented for
the notarization of any and all documents notarized by an Illinois notary public. Satisfactory identification
documents are documents that are valid at the time of the notarial act; are issued by a state or federal government
agency; bear the photographic image of the individual's face; and bear the individual's signature.
8. The Proposed Policy Amount(s) must be increased to the full value of the estate or interest being insured,
and any additional premium must be paid at that time. An Owner's Policy should reflect the purchase price
or full value of the Land. A Loan Policy should reflect the loan amount or value of the property as
collateral. Proposed Policy Amount(s) will be revised and premiums charged consistent therewith when
the final amounts are approved.
END OF SCHEDULE B, PART I
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part 11 -Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. -RICAN
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08/0112016) Printed: 05.24.22 @ 04:22 PM
Page 4 IL-CT-FA83-02100.231406-SPS-1-22-CCH12203472LD
48
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. CCH12203472LD
SCHEDULE B, PART II
EXCEPTIONS
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION
CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC
COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE,
COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR
NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:
General Exceptions
1. Rights or claims of parties in possession not shown by Public Records.
2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title
that would be disclosed by an accurate and complete land survey of the Land.
3. Easements, or claims of easements, not shown by the Public Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the Public Records.
5. Taxes or special assessments which are not shown as existing liens by the Public Records.
6. We should be furnished a properly executed ALTA statement and, unless the land insured is a
condominium unit, a survey if available. Matters disclosed by the above documentation will be
shown specifically
7. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public
Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all
of the Schedule B, Part I—Requirements are met.
8. The Company may pay current year Cook County taxes when furnished an original tax bill at or before the
time the Company is requested to make payments. If an original tax bill is not furnished, the Company will
pay current taxes via ACH payment, which results in an additional $7.00 duplicate tax bill fee payable to
Cook County and collected from the taxpayer at closing.
9. Effective June 1, 2009, if any document of conveyance for Cook County Residential Real Property is to be
notarized by an Illinois notary public, Public Act 95-988 requires the completion of a Notarial Record for
each grantor whose signature is notarized. The Notarial Record will include the thumbprint or fingerprint
of the grantor. The grantor must present identification documents that are valid; are issued by a state or
federal government agency, or consulate; bear the photographic image of the individual's face; and bear
the individual's signature. The Company will charge a fee of $25.00 per Notarial Record.
10. Note: The land lies within a county which is subject to the Predatory Lending Database Act (765 ILCS
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part 11 -Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. -RICAN
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08/0112016) Printed: 05.24.22 @ 04:22 PM
Page 5 IL-CT-FA83-02100.231406-SPS-1-22-CCH12203472LD
49
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B, PART II
EXCEPTIONS
(continued)
COMMITMENT NO. CCH12203472LD
77/70 et seq. as amended). A Certificate of Compliance with the act or a Certificate of Exemption
therefrom must be obtained at time of closing in order for the Company to record any insured mortgage. If
the closing is not conducted by the company, a certificate of compliance or a certificate of exemption must
be attached to any mortgage to be recorded.
Note: for Cook, Kane, Will and Peoria counties, the act applies to mortgages recorded on or after July 1
2010.
11. Note for additional information: the County Recorder requires that any documents presented for recording
contain the following information:
A. The name and address of the party who prepared the document;
B. The name and address of the party to whom the document should be mailed after recording;
C. All permanent real estate tax index numbers of any property legally described in the document;
D. The address of any property legally described in the document;
E. All deeds should contain the address of the grantee and should also note the name and address of the
party to whom the tax bills should be sent.
F. Any deeds conveying unsubdivided land, or, portions of subdivided and, may need to be accompanied
by a properly executed "plat act affidavit."
In addition, please note that the certain municipalities located in the County have enacted transfer tax
ordinances. To record a conveyance of land located in these municipalities, the requirements of the
transfer tax ordinances must be met. A conveyance of property in these cities may need to have the
appropriate transfer tax stamps affixed before it can be recorded.
This exception will not appear on the policy when issued.
R 12.
1. Taxes for the year(s) 2021 and 2022
2022 taxes are not yet due or payable.
1A. Note: 2021 first installment was due March 1, 2022
Note: 2021 final installment not yet due or payable
Perm tax# PCI Year 1st Inst Stat
08-23-203-044-0000 1 of 1 2021 $8,232.32 Paid
S 13. Note: Our searches appear to indicate that the subject land is not presently encumbered by a recorded
Mortgage. This must be substantiated by a sworn statement from the party in title, and this commitment is
subject to such further exceptions, if any, as may be deemed necessary
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part 11 -Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. -RICAN
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08/0112016) Printed: 05.24.22 @ 04:23 PM
Page 6 IL-CT-FA83-02100.231406-SPS-1-22-CCH12203472LD
50
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. CCH12203472LD
SCHEDULE B, PART II
EXCEPTIONS
(continued)
F Declaration of Protective Covenants and Reciprocal Grants of Easements dated May 15, 1978 an
recorded August 22 1978, as Document Number 24594255, amended by mended and restated
declaration of Protective Covenants and reciprocal grants of easements dated September 29, 2005
recorded September 30, 2009 as document number 0927331126 and re-recorded January 22, 2010 as
document number 1002218050, also as shown on plat of Center Plaza Resubdivision No. 4 recorded
March 20, 2018, as Document Number 1807906120 made by and between Lasalle National Bank, as
trustee under trust agreement dated March 9, 1970 and known as Trust Number 40666; Lasalle National
Bank, as trustee under trust agreement dated September 30, 1963 and known as Trust Number 31535;
Lasalle National Bank, as trustee under trust agreement dated June 4, 1976 and known as Trust Number
49501; Lasalle National Bank, as trustee under trust agreement dated August 8, 1977 and known as Trust
Number 42143; Lasalle National Bank, as trustee under trust agreement dated January 10, 1978 and
known as Trust Number 53752; and Lasalle National Bank, as trustee under trust agreement dated
January 25, 1974 and known as trust number 47207 to provide for the preservation of the values and
amenities of the total property and to create certain easements appurtenant to one or more of the said
parcels and to provide for the use, maintenance, repair, replacement and administration of the total
property and portions thereof and to establish the persons entitled to use of certain facilities located
thereon and their respective shares of the cost of maintenance, repair, replacement and administration of
same.
(Affects part of the underlying Land and other property)
Z 14. Terms, proviviosns, conditions and restrictions contained in Declaration of protective covenants and
reciprocal grants of easement recorded August 22, 1978, as Document Number 24594255
(Affects the underlying land and other property)
AA 15. Terms, prviions, conditions and restrictions contained in Declaration of Easement recorded August 22,
1978, as Document Number 24594254
(Affects the underlying land and other property)
G Notice of requirements for storm water detention recorded June 20, 1978 as document 24498918.
(Affects the underlying Land and other property)
AB 16. Easements for roadways, parking, water detention and/or lakes, as set foth in the Protective Covenants
and Reciprocal grants of easements recorded August 22, 1978 as Document Number 24594255, on the
land and other property for the benefit of the land and other property
AD 17. A non-exclusive easement for serving the subdivsion and other property with electric communications,
sewer, water, gas and drainage service as reserved for and granted in plat of subdivision recorded July 1
1988, as Document Number 88291118 to the Village of Prospect, other governmental authorities having
jurisdiction over the land subdivided hereon and those public utility companies operating under franchise
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part 11 -Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. -RICAN
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08/0112016) Printed: 05.24.22 @ 04:23 PM
Page 7 IL-CT-FA83-02100.231406-SPS-1-22-CCH12203472LD
51
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. CCH12203472LD
SCHEDULE B, PART II
EXCEPTIONS
(continued)
from the Village of Mt. Prospect including, but not limited to, commonwealth Edison, Illinois Bell Telephone
Company, Northtern Illinois as Company and Cablenet, Inc., their respective successors and assigns,
jointly and severally, subject to obligations to restore, to install, operate, maintain and remove, from time to
time, facilities used in connection with transmission and distribution of electricity, sounds and signals, gas
mains, sewer and water mains and drainage in, under, across, along and upon the surface of the prperty
shown within the dashed lines on the plat and marked utility easement no. 2 (or U. E. No. 2) and the
property designated on the plat of streets, together with the right to install required service connection
under the surface of each lot to serve improvements thereon, the right to cut, trim or remove trees, bushes
and roots as may be reasonably required incident to the rights herein given, and the right to enter upon the
subdivided property for all such pruposes, obstructions shall not be placed over grantees facilities or in, or
upon the property within the dashed lines marked utility easement no. 2 (or U. E. No. 2) without the prior
written consent of grantees, after installation of any such facilities, the grade of the subdivided property
shall not be altered in a manner so as to interfere with the proper operatoin and maintenance thereof.
No permanent buildings or other structures are to be erected or maintained upon said easements, but
owners or lots in this subdivision shall take their titles subject to the rights of the public utilities and to the
rights of the public utilities and to the rights of the owners of other lots in this subdivision.
(For further particulars, see record.)
A 30 foot building line as shown on Plat of recorded July 1, 1988 as document 88291118, over and along
the following:
The Westerly 30 feet and South 30 feet of Lot 8; the Westerly 30 feet of Lot 9; the Westerly 30 feet and
Northeasterly 30 feet of Lot 10; the Northeasterly 30 feet and the Easterly 30 feet of Lot 11.
(Affects underlying land)
Terms, provisions and conditions of the Restrictive Covenant Agreement, made by and between, Lcp
1660 /1780, LLC, a Delaware Limited Liability Company Chicago Title Land Trust Company, a corporation
of Illinois, as trustee under trust agreement dated March 7, 1970 known as trust number 40666 and Lake
Center industrial, L. P, recorded December 28, 2012 as document 1236331059, relating to among other
things, that for so long as the lease is in full force and effect and tenants occupies and uses the 1780
parcel (except for temporary closures from time to time), or a material portion thereof, for the intended
use, no portion of the restricted property shall be leased or sold to any Entity whose business includes the
retail sale or mail order delivery of pharmaceuticals requiring a prescription, including, but not limted to,
any resricted party
M Terms, and conditions of an Ordinance Amending Ordinance No. 3831 granting a special use for Lake
Center Plaza located at 1630 Wall Street, 500 Algonquin Road, 300-301 La Salle Street, 1698-1700 South
Elmhurst road, recorded March 19, 2007 as document 0707815105 amendment recorded January 2,
2008 as document 0800260076
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part 11 -Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. -RICAN
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08/0112016) Printed: 05.24.22 @ 04:23 PM
Page 8 IL-CT-FA83-02100.231406-SPS-1-22-CCH12203472LD
52
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. CCH12203472LD
SCHEDULE B, PART II
EXCEPTIONS
(continued)
A 18. Notice of Watershed Management Permit Requirements and Obligations of Perpetual Maintenance &
Operation recorded April 19, 2019, as Document Number 1910917002, and the terma and conditions
contained therein .
Y 19. Permanent Sign Easement per document 0927331126 & 1002218050, also as shown on plat of Center
Plaza Resubdivision No. 4 recorded March 20, 2018, as Document Number 1807906120
H A non-exclusive easement for serving the Subdivision and other property with electric, communications,
sewer, water, gas and drainage service as reserved for and granted in Plat of Subdivision recorded July 1,
1988 as document 88291118 to the Village of mt. Prospect, other governmental authorities having
jurisdiction over the Land subdivided hereon and those public utility companies operating under franchise
from the Village of mt. Prospect including, but not limited to, the Commonwealth Edison Company, the
Illinois Bell Telephone Company, Northern Illinois Gas Company and Cablenet, Inc., their respective
successors and assigns, jointly and severally, subject to obligations to restore, to install, operate, maintain
and remove, from time to time, facilities used in connection with transmission and distribution of electricity,
sounds and signals, Gas Mains, sewer and water mains and drainage in, under, across, along and upon
the surface of the property shown within the dashed lines on the Plat and marked utility easement No. 2
(or U. E. No. 2) and the property designated on the Plat for streets, together with the right to install
required service connections under the surface of each Lot to serve improvements thereon, the right to
cut, trim or remove trees, bushes and roots as may be reasonably required incident to the rights herein
given, and the right to enter upon the subdivided property for all such purposes, obstructions shall not be
placed over grantees' facilities or in, or upon the property within the dashed lines marked utility easement
No. 2 (or U. E. No. 2) without the prior written consent of grantees. After installation of any such facilities,
the grade of the subdivided property shall not be altered in a manner so as to interfere with the proper
operation and maintenance thereof. No permanent buildings or other structures are to be erected or
maintained upon said easements, but owners of Lots in this Subdivision shall take their titles subject to the
rights of the public utilities and to the rights of the public utilities and to the Rights of the Owners of Other
Lots in This Subdivision. (affects the following: the West 10 feet and the North 10 feet of Lot 7; the East 10
feet of the South 210 feet of Lot 8 and the South 10 feet of the East 30 feet of the North 250 feet of Lot 8
and the East 10 feet of the North 250 feet of Lot 8; the South 10 feet of the East 220 feet of Lot 11; the
Northerly portion of Lot 10; 15 feet in the Northwesterly portion of Lot 9; 15 feet in the Westerly portion of
Lot 10; 20 feet in the Southwesterly portion of Lot 10; 20 feet in the Northwesterly portion of Lot 10; 20 feet
in the Southerly portion of Lot 1. Note: For exact location of said easements see Plat of Subdivision
recorded July 1, 1988 as document 88291118)
V 20. 30 foot Building line as shown on plat of plat of Center Plaza Resubdivision No. 4 recorded March 20,
2018, as Document Number 1807906120 over the Westerly and Southerly line, 20 foot Building setback
line over the Easterly line, 10 foot setback line,
W 21. Drainage and utility easements , provisions and grantees as depicted on plat of Center Plaza
Resubdivision No. 4 recorded March 20, 2018, as Document Number 1807906120
AF 22. Landscaping & Irrigation System Easement per document 0927331126 & 1002218050, provisions and
grantees also as depicted on plat of Center Plaza Resubdivision No. 4 recorded March 20, 2018, as
Document Number 1807906120
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part 11 -Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. -RICAN
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08/0112016) Printed: 05.24.22 @ 04:23 PM
Page 9 IL-CT-FA83-02100.231406-SPS-1-22-CCH12203472LD
53
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. CCH12203472LD
SCHEDULE B, PART II
EXCEPTIONS
(continued)
X 23. Utility easements provisions and grantees as depicted on plat recorded as Document Number 88291118,
also as plat of Center Plaza Resubdivision No. 4 recorded March 20, 2018, as Document Number
1807906120
N Note for information (endorsement requests): All endorsement requests should be made prior to closing to
allow ample time for the company to examine required documentation. (This note Will be waived for
policy).
O Informational Note: To schedule any closings in the Chicago Commercial Center, please call
(312)223-2707.
AC 24. Satisfactory evidence must be furnished from the secretary or other duly qualified officer of the
Association showing that all assessments and fees, including special assessments or payments due to
others, such as master associations, are paid in full through the date of closing.
C 25. Due to office closures in place or that might occur, we should be provided with our standard form of
indemnity (GAP Indemnity) for defects, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the Public Records or attaching subsequent to the Commitment Date but prior
to the date of recording of the instruments under which the Proposed Insured acquires the estate or
interest or mortgage covered by this commitment. Note: Due to office closures related to covid-19 we
may be temporarily unable to record documents in the normal course of business.
B 26. Terms, powers, provisions, and limitations of the Trust under which title to the Land is held.
Satisfactory evidence should be furnished whether said trust is still in full and effect and this commitment
is subject to such further exceptions as may be deemed necessary
D 27. The Company should be furnished a statement that there is no property manager employed to manage
the Land, or, in the alternative, a final lien waiver from any such property manager.
E 28. Existing unrecorded leases and all rights thereunder of the lessees and of any person or party claiming by,
through or under the lessees.
T 29. Informational Note:
To Schedule Any Closings In The Chicago Commercial Center,
Please Call (312)223-2707.
U 30. All endorsement requests should be made prior to closing to allow ample time for the company to
examine required documentation.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part 11 -Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. -RICAN
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08/0112016) Printed: 05.24.22 @ 04:23 PM
Page 10 IL-CT-FA83-02100.231406-SPS-1-22-CCH12203472LD
54
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. CCH12203472LD
SCHEDULE B, PART II
EXCEPTIONS
(continued)
(This note will be waived for policy).
K Municipal Real Estate Transfer tax stamps (or proof of exemption) must accompany any conveyance and
certain other transfers of property located in Mount Prospect . Please contact said municipality prior to
closing for its specific requirements, which may include the payment of fees, an inspection or other
approvals.
END OF SCHEDULE B, PART II
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part 11 -Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. -RICAN
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08/0112016) Printed: 05.24.22 @ 04:23 PM
Page 11 IL-CT-FA83-02100.231406-SPS-1-22-CCH12203472LD
55
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. CCH12203472LD
COMMITMENT CONDITIONS
1. DEFINITIONS
(a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records.
(b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include
any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads,
avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be
insured by the Policy.
(c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.
(d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.
(f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant
to this Commitment.
(g)
"Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without Knowledge.
(h)
"Title": The estate or interest described in Schedule A.
2. If all
of the Schedule B, Part I -Requirements have not been met within the time period specified in the Commitment to Issue Policy, this
Commitment
terminates and the Company's liability and obligation end.
3. The
Company's liability and obligation is limited by and this Commitment is not valid without:
(a)
the Notice;
(b)
the Commitment to Issue Policy;
(c)
the Commitment Conditions;
(d)
Schedule A;
(e)
Schedule B, Part I -Requirements;
(f)
Schedule B, Part II -Exceptions; and
(g)
a counter -signature by the Company or its issuing agent that may be in electronic form.
4. COMPANY'S
RIGHT TO AMEND
The
Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse
claim,
or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment
Condition
5. The Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
(a)
The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between
the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the
Proposed Insured's good faith reliance to:
(i) comply with the Schedule B, Part I -Requirements;
(ii) eliminate, with the Company's written consent, any Schedule B, Part II -Exceptions; or
(iii) acquire the Title or create the Mortgage covered by this Commitment.
(b)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of
the matter and did not notify the Company about it in writing.
(c)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(d)
The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in
Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(e)
The Company shall not be liable for the content of the Transaction Identification Data, if any.
(f)
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B,
Part I -Requirements have been met to the satisfaction of the Company.
(g)
In any event, the Company's liability is limited by the terms and provisions of the Policy.
6. LIABILITY
OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
(b)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part 11 -Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. -RICAN
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08/0112016) Printed: 05.24.22 @ 04:23 PM
Page 12 IL-CT-FA83-02100.231406-SPS-1-22-CCH12203472LD
56
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. CCH12203472LD
(continued)
(c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the
subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether
written or oral, express or implied, relating to the subject matter of this Commitment.
(d) The deletion or modification of any Schedule B, Part II -Exception does not constitute an agreement or obligation to provide coverage beyond
the terms and provisions of this Commitment or the Policy.
(e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.
(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is
not the Company's agent for the purpose of providing closing or settlement services.
8. PRO -FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A
pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment
to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is Two Million And No/100 Dollars
($2,000,000.00) or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A
Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration.
END OF CONDITIONS
1031 EXCHANGE SERVICES
If your transaction involves a tax deferred exchange, we offer this service through our 1031 division, IPX1031. As
the nation's largest 1031 company, IPX1031 offers guidance and expertise. Security for Exchange funds includes
segregated bank accounts and a 100 million dollar Fidelity Bond. Fidelity National Title Group also provides a
50 million dollar Performance Guaranty for each Exchange. For additional information, or to set-up an Exchange,
please call Scott Nathanson at (312)223-2178 or Anna Barsky at (312)223-2169.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part 11 -Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. -RICAN
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08/0112016) Printed: 05.24.22 @ 04:23 PM
Page 13 IL-CT-FA83-02100.231406-SPS-1-22-CCH12203472LD
57
'V Payment Confirmation - Cook County Property Tax
Payment may be withdrawn from your account as soon as tomorrow or the next banking
business day. It is important that you have money in your bank account to cover this
payment. Thank you for using the Cook County Treasurer Property Tax electronic payment
system.
Please keep a record of your Confirmation Number, or print this page for your
records.
Confirmation Number: CCTPTX008078065
Confirmation Date (CT): Feb -07-2022 08:05:50 PM
Your Payment Detail
Payment Amount: $8,232.32
Bill Year: 2021
Property Index Number (PIN): 08-23-203-044-0000
Volume: 050
Property Location: 0 UNKNOWN UNKNOWN, IL 00000-0000
Mailing Address: 3201 OLD GLNVEW RD 302 WILMETTE, IL 00000-
0000
Balance Due: $8,232.32
Tax Type: 0
Tax Year: 2021
Your Account Detail
Bank Routing Number: 071000152
Bank Account Number: XXXXXXXXXXXXX3293
Bank Account Type: Checking
Bank Account Category: Business
E-mail Address*- hgrill@altergroup.com
Please keep a record of your Confirmation Number, or print this page for your
records.
58
ur
2021 First Installment Property Tax Bill
Property Index Number (PIN) Volume Code
Tax Year (Payable In)
Township Classification
$8s232.32
08-23-203-044-0000
050 16048
2021 2022
ELK GROVE 1-00
By 03/01/22 (on time)
IF PAYING AFTER 03/02/22 - 04/01/22 OR
04/02/22 - 05/01/22
OR 05/02/22 - 06/01/22
03/01/22, PLEASE PAY $8,355.80
$8,479.28
$8,602.76
Pension and
Amount of
% of Pension and
Money Owed by
Healthcare Amounts
Pension and
Healthcare Costs
Your Taxing
Promised by Your
Healthcare
Taxing Districts
Your Taxing Districts
Districts
Taxing Districts
Shortage
Can Pay
Northwest Mosquito Abatement Wheeling
$231,779
$7,760,171
$73,862
99.05%
Metro Water Reclamation Dist of Chicago
$3,294,323,000
$2,958,492,000
$1,219,143,000
58.79%
Mt Prospect Park District
$19,889,539
$32,407,456
$3,385,502
89.55%
Harper Coll Comm College 512 (Palatine)
$217,927,355
$73,034,940
$73,034,940
0100%
Township HS District 214 (Arlington Hts)
$174,084,349
$270,533,348
-$10,941,2"
104.049/o
Comm Consolidated SD 59 (Arlington Hts)
$13,824,049
$150,264,026
$9,719,629
93.53%
Village of Mount Prospect
$146,353,994
$335,532,496
$89,834,413
73.23%
Town of Elk Grove
$935,482
$6,852,872
-$469,188
106.85%
Cook County Forest Preserve District
$233,103,051
$540,107,634
$328A20,280
39.19%
County of Cook
$7,595,772,042
$26,972,931,181
$15A81,971,961
42.60%
Total
$11,696,444,6*40
$31,347,916,124
$17,194,173,155
PAY YOUR TAXES ONLINE
at cookcountytreasurer.com from your bank account or credit card
11MENEMEM F-MOMMEM MWEEMEMMMMEMMUM
2020 TOTAL TAX 14,967.&S
2021 ESTIMATE X S5% /6
2021 TOTAL TAX 9,232.32
The First Installment amount is 55% of last year's total taxes. All
exemptions, such as homeowner and senior exemptions, will be
reflected on your Second Installment tax bill.
UNKNOWN
THE ALTER GROUP
3201 OLD GLNVEW RD 302
WILMETTE IL 60091-0000
REAL ESTATE PURCHASE AND SALE AGREEMENT
REAL ESTATE PURCHASE AND SALE AGREEMENT (this "Agreement") is made as of
the day of May, 2022 ("Effective Date"_) by and between Natesan Murthy or assignee (the
"Purchaser"), and Chicago Title Land Trust Company, not personally, but as successor Trustee u/t/a/ dated
March 9, 1970 a/k/a Trust No. 40666 (the "Seller") (Purchaser and Seller each, a "Party", and collectively,
the "Parties").
WITNESSETH:
WHEREAS, Purchaser desires to purchase from Seller and Seller desires to sell to Purchaser the
Property (defined below), all on the terms and subject to the conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual promises herein contained and the respective
undertakings of the Parties hereinafter set forth, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Seller and Purchaser hereby agree as follows:
1. Purchase and Sale. Subject to the terms and conditions of this Agreement, Seller agrees to
sell and convey to Purchaser, and Purchaser agrees to purchase and accept from Seller, all of the following
described property (all of which is hereinafter collectively, the "Property"):
(a) All of Seller's fee simple interest in, to, and under that certain real property located
in Cook County, Illinois consisting of an approximately 1.4 acre parcel of land known as the Northeast Corner
of Algonquin Road, and Wall Street, Mount Prospect, Illinois 60056, Property Index Number 08-23-203-
044-0000 ("PIN"), which is owned in fee simple by Seller and legally described on Exhibit A, together with
all rights, privileges, tenements, hereditaments, easements, rights-of-way, air rights, and appurtenances
belonging or in any way pertaining to the same (collectively, the "Real Property");
(b) All of Seller's right, title, and interest in, to, and under all intangible personal property
now or hereafter owned by Seller and used in the ownership, use, leasing, maintenance, or development of
the Real Property, including, without limitation, all rights, leases, utility and service contracts to the extent
approved by Purchaser, approvals (governmental or otherwise), permits, licenses, sales tax exemption
entitlements, surveys, plans and specifications, engineering reports, and any agreements, covenants, or
indemnifications that Seller received from a third party, if any, including any prior owner, and relating to the
Real Property (collectively, the "Intangible Property").
2. Purchase Price. Subject to the adjustments, prorations, and credits hereinafter provided, the
Purchase Price for the Property is Seven Hundred Seventy -Five Thousand Dollars and zero cents ($775,000)
(the "Purchase Price").
(a) Earnest Money. Within three (5) Business Days after the full execution of this
Agreement and delivery of the fully executed Agreement to Purchaser, Purchaser shall deposit, as earnest
money, Twenty Thousand and 00/100 Dollars ($20,000.00) (said monies, together with any and all interest
accrued thereon, are collectively the "Earnest Money") into an escrow account (the "Escrow") with Chicago
Title Insurance Company, 10 S. LaSalle Street, Suite 3100. Chicago, Illinois 60603, Attn: Erin Caccamo
(the "Title Company" or the "Escrowee"). The Earnest Money will be held by the Title Company in a joint
order escrow to be entered into between Seller and Purchaser with the Title Company in a form mutually
agreed to by the Parties. Purchaser is entitled to cause Escrowee to invest the Earnest Money in an interest
bearing account, the cost of which will be solely Purchaser's responsibility. The Earnest Money will be held
in Escrow and disbursed pursuant to the terms of this Agreement. If this Agreement is timely terminated
pursuant to the provisions of Section 3 hereof, the Earnest Money and all interest accrued thereon will be
60
refunded to Purchaser upon unilateral direction to the Escrowee. The Earnest Money and any interest accrued
thereon will be applied against the Purchase Price at Closing. Any escrow fee charged by the Escrowee for
holding the Earnest Money will be shared equally between Seller and Purchaser. The Earnest Money will
become non-refundable after the expiration of the Due Diligence Period (defined below) and the Zoning
Contingency Period (defined below) except as otherwise expressly provided in this Agreement.
(b) Balance of Purchase Price. On or before the Closing Date (defined herein), Purchaser
shall deposit by wire transfer with the Title Company, as Escrowee, the balance of the Purchase Price in
excess of the Earnest Money and subject to credit and adjustment as provided herein. Said balance of
purchase price may be in the form of a conventional loan.
Investigation of the Property.
(a) Property Information/Seller Records. Within five (5) Business Days after the
Effective Date, Seller shall provide Purchaser with copies of any and all documentation in Seller's possession
and of which Seller is aware that is pertinent to the Purchaser's inspections hereunder, together with a
certification that all such documentation has been delivered or caused to be delivered to Purchaser pursuant
to this Section, namely those matters set forth on Exhibit B attached hereto (collectively, the "Due Diligence
Materials").
(b) Due Diligence Period.
(i) Purchaser and Purchaser's representatives may make such inspections of the
Property within one hundred eighty (180) days of the Effective Date (the "Due Diligence Period") and may
conduct or obtain, at Purchaser's sole cost, full local, state and or federal permit approvals specific to the
current car wash project in order to obtain financing, obtain zoning to build and construct a car wash from
the Village of Mount Prospect and other investigations such inspections, feasibility studies, economic
evaluations, soil tests, environmental audits, engineering reports, surveys, examinations, tests, and other
studies and reports of the Property as it deems desirable in its sole discretion, including, but not limited to,
environmental phase I and phase II (if necessary) (provided that a phase II shall require the consent of Seller
which shall not be unreasonably withheld) audits, review of environmental matters, feasibility studies,
financial review, review of zoning matters, review of building code matters, review of business licensing
matters, review of occupancy permit matters, review of leases (if any), review of service contracts, review of
survey, review of intended use, review of title matters, review of ability to obtain title endorsements, review
of the condition, drainage, ingress, egress, access, circumstances, and any other characteristics or components
of the Property, review of construction or improvement plans, including, without limitation, negotiations with
the municipality with jurisdiction over the Property for approval thereof, review of property tax related
matters, ability to procure financing, or any other matters deemed by Purchaser in its sole discretion to relate
to the feasibility and desirability of completing the purchase contemplated by this Agreement (collectively,
the "Inspections"), and the results of the Inspections shall be satisfactory to Purchaser in Purchaser's sole
discretion. Two additional sixty (60) Day extensions will be granted by providing Seller with an additional
non-refundable Ten Thousand Dollars and Zero Cents ($10,000) for each , provided such extensions are
requested prior to the expiration of the Due Diligence Period, or the first extension thereof, and such extension
fees are deposited in escrow.
Seller hereby agrees to permit Purchaser or its representatives to enter the Property
for such purposes during normal business hours at such dates and times as mutually agreed upon by the
Parties, provided that that Purchaser shall keep the Property free and clear of all liens, and that any damage
to the Property caused by Purchaser's Inspections is repaired by Purchaser at its sole cost. Purchaser
indemnifies and holds Seller harmless from and against all liabilities, claims, demands, damages, or costs of
any kind whatsoever, including reasonable attorneys' fees, arising from or in connection with the Inspections,
61
which obligations will survive termination of this Agreement for a period of six (6) months; provided,
however the foregoing indemnification will not apply to, and Purchaser will not be responsible for, any
damage caused by or resulting from any acts or omissions of Seller or the repair or cleanup of any pre-existing
conditions (environmental or otherwise) uncovered by Purchaser in the course of any of the Inspections if
the sale of the Property does not close. Seller agrees that it shall reasonably cooperate with and assist
Purchaser, at no expense to Seller, in pursuing and attempting to obtain any zoning changes, amendments,
variances, or special uses, or removal of any or all use restrictions that Purchaser desires, including, without
limitation, executing any documents as necessary in order to apply for any of the foregoing, and to provide
the most current existing reports and information pertaining to the Inspections. Prior to anyone entering in
the Property, Purchaser shall comply with the insurance requirements set forth on Exhibit C attached hereto,
provided that Purchaser shall comply with the insurance requirements within 48 hours of notice of intent to
enter from Purchaser or Purchaser's Agent. (Or no unreasonable delay)
(ii) In Purchaser's sole and absolute discretion, for any reason or no reason
whatsoever, Purchaser may terminate this Agreement by written notice thereof delivered to Seller at any time
prior to 11:59 p.m. on the date that is the expiration of the Due Diligence Period. In the event Purchaser
terminates this Agreement as provided in this Subsection, the Earnest Money and any interest accrued thereon
will be returned to Purchaser, this Agreement will be null and void, and each of the Parties will be released
from further liability to the other except as expressly provided otherwise herein. In the event that Purchaser
does not so terminate this Agreement, Purchaser will be deemed to have elected to proceed to Closing, subject
to the terms and conditions of this Agreement, and this Agreement will continue in full force and effect
without any longer being subject to this Subsection, and provided that the Governmental Approval
Contingency Period is expired or otherwise waived by Purchaser, the Earnest Money and any interest earned
thereon will be non-refundable to Purchaser in all events, except as otherwise expressly set forth in this
Agreement.
(c) Entitlements Contingency.
(i) The transaction contemplated under this Agreement is contingent upon
Purchaser's ability to obtain, at Purchaser's sole cost, within one hundred eighty (180) days of the
Effective Date (the "Governmental Approval Contingency Period"), such commitments, approvals,
and level of comfort, as determined in Purchaser's sole discretion, from the Village of Mount Prospect
(including, without -limitation, the Planning Division) and any other governmental or quasi -governmental
agencies, regarding the Property as are necessary and appropriate, for Purchaser's intended development,
use, and operation of the Property including, without limitation, planned development, rezoning, special
use, variance, and other approvals (the "Governmental Approval Contingency").
(ii) In the event that Purchaser is unable to obtain such zoning commitments,
approvals, or level of comfort, as determined in Purchaser's sole discretion, or Purchaser decides, in
Purchaser's sole discretion, not to proceed with the purchase of the Property pursuant to the
Governmental Approval Contingency, Purchaser may terminate this Agreement by written notice thereof
delivered to Seller at any time prior to 11:59 p.m. on the date that is the expiration of the Governmental
Approval Contingency Period. In the event that Purchaser terminates this Agreement pursuant to the
Governmental Approval Contingency, the Earnest Money and any interest accrued thereon will be
returned to Purchaser, this Agreement will be null and void, and each of the Parties will be released from
further liability to the other except as expressly provided otherwise herein. In the event that Purchaser
does not so terminate this Agreement, Purchaser will be deemed to have elected to proceed to Closing, subject
to the terms and conditions of this Agreement, and this Agreement will continue in full force and effect
without any longer being subject to this Subsection, and provided that the Due Diligence Period is expired
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or otherwise waived by Purchaser, the Earnest Money and any interest earned thereon will be non-refundable
to Purchaser in all events, except as otherwise expressly set forth in this Agreement.
(iii) Seller, at no cost or obligation to Seller, shall cooperate fully with
Purchaser in connection with Purchaser's pursuit of any such commitments and approvals, and agrees
(i) to sign any instruments required for any such approval; (ii) to furnish any evidence of ownership; (iii)
to appear at hearings, if necessary; and (iv) not to hinder the process of Purchaser obtaining any of such
commitments or approvals.
4. Title and Survey.
(a) Within fourteen (14) days after the Effective Date, Seller, at its sole cost and expense,
shall deliver to Purchaser a commitment for an ALTA owner's title insurance policy in the amount of the
Purchase Price, which commitment shall provide for extended coverage over the general exception at closing,
issued by the Title Company, showing Purchaser as the proposed insured and title being vested in Seller,
with copies of the underlying instruments listed as Schedule B exceptions to title (the "Title Commitment").
(b) At Closing, Seller, at Seller's expense, shall provide a survey of the Property prepared
by a registered land surveyor, licensed in the State of Illinois, certified to the Title Company, the Purchaser,
and Purchaser's lender, if applicable, in current ALTA/NSPS form, dated not less than six (6) months prior
to the Closing Date (the "Survey"). The Survey must depict and include, without limiting the foregoing: the
total square footage of the land and any improvements, the present location of structures and improvements
on the land, if any, including all encroachments of any part thereof onto adjoining land and easements and
all encroachments of any part of adjoining improvements onto the land; building lines and all easements
whether recorded or visible (and, if recorded, by specific reference to recorded document numbers); access
to public roads or ways; and identification of each title exception capable of being geographically located,
by spotting same on the Survey, and by reference to recording information. The Survey must be sufficient
to cause the Title Company to issue the Title Policy as provided in Section 4(d) of this Agreement, extended
coverage over the general exceptions, and any endorsements, including, without limitation, a 3.0 Zoning
endorsement, and any other endorsements as required by Purchaser.
(c) On or before twenty-eight (28) days after Purchaser's receipt of the last of the Title
Commitment, the underlying Schedule B documents, Purchaser shall provide Seller with written notice of
any objection to any exceptions to title appearing on the Title Commitment that are unacceptable to Purchaser
(the "Title Objection Notice"). All objections raised by Purchaser in the manner herein provided are
hereinafter called "Objections". If, after giving the Title Objection Notice to Seller, Purchaser receives an
update to the Title Commitment showing any additional exceptions to title to the Property which are not
Permitted Exceptions, Purchaser shall give written notice of its Objections thereto to Seller no later than the
date that is seven (7) days after the date Purchaser receives such update to the Title Commitment. In the
event that Seller fails to respond to Purchaser's Title Objections within fourteen (14) days after receipt of the
Title Objection Notice (the "Cure Response Period"), the Objections are deemed accepted by Seller. In the
event that Seller fails or refuses to either cause the removal of any Objections or provide reasonable
assurances as to the removal of such Objections prior to Closing within the Cure Response Period, Purchaser
may, at its option, on or before ten (10) days after Seller's delivery of written notice of its failure or refusal
to remove such Objections (or the expiration of the Cure Response Period): (a) terminate this Agreement in
its entirety by giving Seller written notice, whereupon the Escrowee shall return the Earnest Money and any
interest accrued thereon to Purchaser, and thereafter Seller and Purchaser will be released and relieved of
further obligations, liabilities, or claims hereunder; or (b) waive, in writing, any such Objections and proceed
to Closing. Purchaser's failure to terminate within said ten (10) day period constitutes its waiver of the
Objections that Seller has not removed. Any survey defects appearing on the Survey, or exceptions to title
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appearing on the Title Commitment, that Purchaser fails to object to or that Seller fails or refuses to cure as
aforesaid (except Mandatory Cure Items (defined below)) are deemed "Permitted Exceptions".
Notwithstanding anything to the contrary contained in this Agreement, Purchaser has no need to object to
any Mandatory Cure Items, which Mandatory Cure Items will be automatically deemed Objections pursuant
to this Section.
Notwithstanding anything in this Section to the contrary, Seller is required to cause
to be released, satisfied, and removed of record as of the Closing Date: (i) any Objections which have been
voluntarily recorded or otherwise placed, or permitted to be placed, by Seller against the Property on or
following the date hereof (other than with the prior written approval of Purchaser, which approval shall not
be unreasonably withheld, conditioned, or delayed with respect to the granting or denial of Purchaser's
approval in connection with requests for instruments to be recorded for the benefit of any utility or
governmental authority, but in all other cases in Purchaser's sole and absolute discretion); and (ii) any
mortgages, security instruments, financing statements, or other instruments that evidence or secure
indebtedness, judgments, and liens against the Property, including, without limitation, mechanics liens, tax
liens, real estate taxes, water rates, garbage hauling fees, and sewer rents and taxes, in each case, which are
due and payable but which remain unpaid or of record as of the Closing Date (subclauses (i) and (ii) of this
paragraph, collectively, the "Voluntary Liens"); or (iii) any Objections which would not constitute
Voluntary Liens, but which can be removed by the payment of a liquidated sum of money (items set forth in
this Subclause (iii), collectively, the "Monetary Liens"; and, together with the Voluntary Liens, the
"Mandatory Cure Items"). Seller is obligated to take any such action as is required on the part of Seller to
have such Monetary Liens removed from the Title Commitment by the Title Company. If Seller fails to
discharge and remove of record any Mandatory Cure Items on or prior to the Closing Date, at Purchaser's
election, such failure will constitute a failure of a closing condition pursuant to Section 12, and Purchaser
will be entitled to such remedies as are set forth in Section 16.
(d) Through the Closing Escrow (defined below), Seller, at Seller's sole cost and
expense, shall cause the Title Company to issue, or be unconditionally obligated and prepared to issue, an
owner's title insurance policy in the amount of the Purchase Price insuring Purchaser's title to the Property,
subject only to the Permitted Exceptions, with extended coverage over the general exceptions and gap
coverage, a 3.0 Zoning endorsement, and any other endorsements as required by Purchaser (the "Title
Policy"). Notwithstanding the foregoing, any endorsements required by Purchaser will be at Purchaser's
sole expense, except that the extended coverage endorsement and such other endorsements that Seller has
committed to obtain to remove any Objections will be Seller's sole responsibility and expense. Closing is
conditioned upon Seller's delivery of a "Mark Up" Title Commitment or a "Pro Forma" Title Policy for the
Property, including the Title Company's issuance of a 3.0 zoning and all other endorsements requested by
Purchaser, as acceptable to Purchaser.
S. Closing. The closing of the transaction contemplated by this Agreement (the "Closing") will
be held at the office of the Title Company within thirty (30) days after the expiration, or Purchaser's earlier
waiver, of all of the Due Diligence Period, Governmental Approval Contingency Period, and the title and
survey review period provided in Section 4(c) above, or on such other date established by mutual agreement
between the Parties (the "Closing Date").
The transaction will be closed in accordance with the general provisions of the usual form of
"New York Style" Deed and Money Escrow Agreement then in use by the Title Company, with the
concurrent delivery of the documents of title, transfer of interests, delivery of the Title Policy (subject only
to the Permitted Exceptions, with extended coverage and gap coverage to the date and time of the recording
of the Deed (defined below)), and the payment of the Purchase Price and with such special provisions inserted
in the escrow agreement as may be required to conform with this Agreement ("Closing Escrow"). Upon the
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creation of the Closing Escrow, anything herein to the contrary notwithstanding, payment of the Purchase
Price and delivery of the Deed and other documents to be delivered, must be made through the Closing
Escrow. Seller and Purchaser (if required) must execute gap undertakings in the form required by the Title
Company in order to close by a "New York Style" closing.
6. Deliveries at Closine.
(a) At Closing, Seller shall deliver to Title Company, as Escrowee, to be held in escrow
by Title Company for completion of all closing requirements, the following:
(i) A trustee's deed (in customary and recordable form) from Seller conveying
to Purchaser the Real Property and Improvements, subject only to the Permitted Exceptions (the
"Deed"), in a form reasonably acceptable to both Parties, duly executed by Seller and acknowledged.
(ii) An assignment and assumption of the Intangible Property assigning to
Purchaser all of Seller's right, title, and interest in the Intangible Property in a form reasonably
acceptable to both Parties (the "Assignment of Intangible Property"), duly executed by Seller.
(iii) An affidavit of title, ALTA statement (sufficient to have the title company
extend coverage over the general exceptions to title), and other affidavit customarily required of
sellers by the Title Company.
(iv) "GAP" undertaking of Seller in a form reasonably acceptable to the Title
Company.
(v) A Certificate of Non -Foreign Status of Seller as required by Section 1445 of
the Internal Revenue Code, stating its taxpayer identification number for federal income tax purposes
and affirming that Seller is not a foreign person within the meaning of Section 1445 of the Internal
Revenue Code, in a form reasonably acceptable to both Parties.
(vi) A Form 1099-S, as Title Company may reasonably request as necessary to
consummate the Closing.
(vii) "Mark Up" Title Commitment or Pro Forma Title Policy pursuant to Section
4, acceptable to Purchaser.
(viii) Evidence of termination of all service contracts and all other agreements,
contracts, and leases affecting the Property, together with proof of payment in full by Seller of any
and all liabilities, fees, costs, or other expenses of Seller resulting from the service contracts, the
termination thereof, and the release of the counterparties thereto.
(ix) Such proof of Seller's authority and authorization to enter into this transaction
as may be reasonably required by Title Company, including, without limitation, a consent of the
members and managers of Seller authorizing the transaction contemplated hereby and the execution
and delivery of the documents required to be executed and delivered hereunder.
(x) A written certificate stating that all representations and warranties contained
in Section 9 remain, as of the Closing Date, true, correct, and complete in all material respects as
when first made hereunder, in a form reasonably acceptable to both Parties, duly executed by Seller.
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(xi) An affidavit from the property manager waiving any lien rights that the
property manager has in and to the Property or an affidavit from Seller that there is no property
manager, as the case may be, in form reasonably acceptable to both Parties, duly executed by Seller.
(xii) Any and all reasonable and customary documentation required by Title
Company in order for Title Company to issue the Title Policy in the form required hereunder, which
documentation may include, without limitation, an owner's/seller's affidavit in such form as the Title
Company requests.
(xiii) Required state, county, and municipal transfer declarations (with Seller
procuring any and all required inspections, certifications and utility readings, and satisfactory
documentation evidencing clearance to close based thereon, subject to Purchaser's execution of such
documentation as the municipality may require) (the "Transfer Declarations").
(xiv) Such other documents or instruments reasonably necessary to consummate
the Closing.
(b) At Closing, Purchaser shall deliver to Title Company, as Escrowee, to be held in
escrow for completion of all closing requirements, the following:
(i) The Purchase Price in accordance with Section 2.
(ii) Original executed counterpart of the Assignment of Intangible Property, duly
executed by Purchaser.
(iii) ALTA statement (if required by Title Company), duly executed by Purchaser.
(iv) "GAP" undertaking of Purchaser in a form reasonably acceptable to the Title
Company (if required by Title Company), duly executed by Purchaser.
(v) Executed counterparts to the Transfer Declarations, duly executed by
Purchaser.
(vi) Documents as may be required by any governmental authority from
Purchaser for issuance of any transfer stamps or other documents evidencing clearance to close.
(vii) Such proof of Purchaser's authority and authorization to enter into this
transaction as may be reasonably required by Seller or Title Company.
(viii) Such additional documents or instruments which in the reasonable opinion of
Seller or Title Company are necessary for the proper consummation of the transaction contemplated
by this Agreement.
(c) At Closing, Purchaser and Seller shall deliver to Title Company, as Escrowee,
originals of a closing statement and an escrow disbursement statement, which reflect the applicable allocation
and proration items as set forth in this Agreement, all of which are subject to Seller's and Purchaser's prior
review and approval as to form, scope, and substance.
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Allocation of Closing Costs and Expenses.
(a) Seller will bear the cost of the Title Commitment; all premiums and charges in
connection with the Title Policy (including an extended coverage endorsement over the general exceptions
and such other endorsements that Seller has committed to obtain to remove any Objections but excluding any
other endorsements); the cost of the Survey as specified in Section 4(b); all recording fees with respect to
instruments necessary to clear Seller's title (except for the Permitted Exceptions); all real estate brokerage
commissions; one-half the cost of the "New York Style" Closing fee; all State of Illinois, Cook County, and
Seller's portion of any municipal real estate transfer taxes; and sales taxes and similar charges, if any,
imposed upon a seller relating to the transfer of the Property.
(b) Purchaser will bear the cost of any Lender's title policy, if any; all costs incurred in
connection with obtaining Purchaser's financing for this transaction, including any money lender's escrow
fees; the cost of Purchaser's requested endorsements (other than extended coverage and such other
endorsements that Seller has committed to obtain to remove any Objections); one-half the cost of the "New
York Style" Closing fee; all recording fees and filing charges in connection with the instrument by which
Seller conveys the Property and any loan documents relating to financing to be obtained by Purchaser; all
costs of Purchaser's due diligence investigations, including fees due its consultants and attorneys; Purchaser's
portion of any municipal real estate transfer taxes, if any; and all fees and charges in connection with the
mortgage loan, if any, of Purchaser.
(c) Each Party will pay its own costs and expenses, including, without limitation,
attorneys' fees, it incurred in negotiating and closing the transaction contemplated by this Agreement. All
other costs and expenses in connection with the transaction contemplated by this Agreement will be borne
by Purchaser and Seller in the manner in which such cost and expenses are customarily allocated between
the parties at closings of real property similar to the Property in the same geographic area as the Property.
8. Prorations and Adjustments.
(a) Real Estate Taxes. Seller is responsible for payment of all taxes and assessments
levied or assessed against the Property due and payable prior to the Closing. At Closing, the Parties shall
prorate real estate taxes that have accrued but are not yet due and payable which relate to any calendar year
preceding Closing (each a "Preceding Year") and the calendar year in which the Closing occurs (the
"Closing Year"). Seller will be responsible for all taxes relating to any Preceding Year, and the Parties will
prorate Closing Year taxes as of 12:01 a.m. on the Closing Date based upon the respective number of days
of ownership by each of the Parties during the Closing Year. Seller is obligated to pay all real estate special
assessments levied and payable as of the Closing Date. Any and all final and confirmed assessments, general
or special, for improvements previously completed or for amounts owed for assessments presently being
completed, affecting the Property as of the Closing Date must be paid by Seller prior to or at Closing, and
Purchaser will be under no obligation to pay such assessments. Seller represents that the real estate taxes for
2020 have been paid in full. In the event that the actual tax bills for any such Preceding Year or Closing
Year are not available at the time of Closing, Purchaser will receive a credit at Closing from Seller based
upon 105% of the last ascertainable full year tax bill with all such prorations being final and not being subject
to reproration. Purchaser thereafter is responsible for the payment of the real estate taxes for the Property.
(b) Assessments. Any and all final and confirmed assessments, general or special, for
improvements previously completed or for amounts owed for assessments presently being completed,
affecting the Property as of the Closing Date will be paid by Seller prior to or at Closing, and Purchaser will
be under no obligation to pay such assessments.
(c) Except as otherwise provided in this Section 8 or otherwise in this Agreement, in the
event that any adjustments or prorations made pursuant to this Section cannot be apportioned or adjusted at
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Closing by reason of the fact that final or liquidated amounts have not been ascertained, or are not available
as of such date, the Parties hereto agree to apportion or adjust such items on the basis of their best estimates
of the amounts at Closing and to re -prorate any and all of such amounts promptly when the final or liquidated
amounts are ascertained. In the event of any omission or mathematical error on the closing statement, or if
the prorations, apportionments, and computations prove to be incorrect for any reason, the same will be
promptly adjusted when determined and the appropriate Party paid any monies owed. This provision will
survive the Closing.
9. Seller's and Purchaser's Representations.
(a) Seller's Representations and Warranties. Seller makes the following representations
and warranties, which representations and warranties are true and correct on the date hereof and must be true
on the Closing Date:
(i) Seller is the OWNER OF RECORD of the State of Illinois, and has the full
right, power and authority to sell and convey the Property as provided in this Agreement, and to carry out
Seller's obligations hereunder, without the joinder of any other person or entity, and all requisite action
necessary to authorize Seller to enter into this Agreement and to carry out its obligations hereunder has been,
or by the Closing will have been, taken. The person(s) signing this Agreement on behalf of Seller by his or
her execution hereof certifies and stipulates to Purchaser that Seller has the authority and capacity to enter
into and perform this Agreement, that all necessary requirements have been followed and complied with to
authorize and empower him/her to execute this Agreement, and that he or she has the power and authority to
do and to direct Seller to do all things required under this Agreement. This Agreement is a legal, valid, and
binding obligation of Seller, enforceable against Seller in accordance with its terms, subject to the effect of
applicable bankruptcy, insolvency, reorganization, arrangement, moratorium, or other similar laws affecting
the rights of creditors generally.
(ii) Seller is not bankrupt or insolvent, and Seller is not a party to any litigation,
arbitration or administrative proceeding (x) with any person or entity concerning any aspect of the Property
or having or claiming any interest in the Property, (y) which affects or questions Seller's title to the Property
or Seller's ability to perform its obligations under this Agreement, or (z) which otherwise affects or relates
to the Property. There is no presently pending or to Seller's knowledge threatened litigation, arbitration, or
administrative proceeding affecting or questioning Seller's title to, or use of, the Property or any part thereof
or which otherwise affects or relates to the Property. There is no litigation, proceeding, claim, demand, or
governmental investigation pending or to Seller's knowledge threatened, nor is there any order, injunction,
or decree outstanding against or related to Seller, which would materially impair the ability of Seller to
perform its obligations hereunder. Seller has not (i) made a general assignment for the benefit of creditors,
(ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by the applicable
party's creditors, (iii) suffered the appointment of a receiver to take possession of all or substantially all of
the applicable party's assets, (iv) suffered the attachment or other judicial seizure of all, or substantially all,
of the applicable party's assets, (v) admitted in writing its inability to pay its debts as they come due or (vi)
made an offer of settlement, extension or composition to its creditors generally. Wherever Seller's
knowledge is used herein it shall refer only to the knowledge of any of the following individuals: Randolph
Thomas, Michael Rieamato, Howard Grill, or Sam Gould
(iii) None of the execution, delivery, or performance of this Agreement by Seller
does or will, with or without the giving of notice, lapse of time or both, violate, conflict with, constitute a
default, result in a loss of rights, acceleration of payments due or creation of any lien upon the Property or
require the approval (other than as expressly set forth herein) or waiver of or filing (other than the recording
of the Deed) with any person (including, without limitation, any governmental body, agency or
instrumentality) under (i) the organizational documents of Seller, (ii) any judgment, decree, order, statute,
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injunction, rule, regulation or the like of a governmental unit applicable to Seller or its manager, or (iii) any
material instrument or contract to which Seller is a party or to which Seller is bound or by which any of
Seller's assets or properties may be affected.
(iv) Neither the execution, delivery, and performance of this Agreement, nor the
consummation of the transactions contemplated hereby is prohibited by, or requires Seller to obtain any
consent, authorization, approval, or registration under, any law, statute, rule, regulation, judgment, order,
writ, injunction, or decree that is binding upon Seller.
(v) Seller is not a "foreign person" nor a "foreign corporation" as those terms are
defined in Section 1445 of the Internal Revenue Code of 1986, as amended, and any applicable regulations
promulgated thereunder.
(vi) To Seller's knowledge, there are no claims for mechanics' liens for any labor,
services, or materials for the benefit of the Property, and Seller has made no improvements to the Property
for which have not been fully paid.
(vii) To Seller's knowledge there are no violations of any applicable federal, state,
or local laws, statutes, rules, regulations, ordinances, orders, or requirements (collectively, "Laws") noted or
issued by any governmental authority having jurisdiction over or affecting the Property, including, without
limitation, Laws relating to Hazardous Materials (as defined below). Seller has received no written notice
from any governmental or quasi -governmental agency requiring the correction of any violation of law or
regulation with respect to the existing condition of the Property, including, but not limited to, any pending
zoning, building, fire, air pollution, health code, EPA, or municipal sanitary district violations, or violations
of other governmental requirements or regulations with respect to the Property, that have not been previously
corrected. The property is in substantial compliance with the Laws. For purposes of this Agreement,
"Hazardous Materials" are substances defined as: "toxic substances," "toxic materials," "hazardous
waste," "hazardous substances," "pollutants," or "contaminants" as those terms are defined in the Resource,
Conservation and Recovery Act of 1976, as amended (42 U.S.C. § 6901, et seq.), the Comprehensive
Environmental Response Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601, et seg.),
the Hazardous Materials Transportation Act, as amended (49 U.S.C. § 1801, et seq.), the Toxic Substances
Control Act of 1976, as amended (15 U.S.C. § 2601, et seq.), the Clean Air Act, as amended (42 U.S.C.
§ 1251, et seq.) and any other federal, state, or local law, statute, ordinance, rule, regulation, code, order,
approval, policy, and authorization relating to health, safety, or the environment; asbestos or asbestos -
containing materials; lead or lead -containing materials; oils; petroleum-derivcd compounds; pesticides; or
polychlorinated biphenyls. No part of the Property has been previously used by Seller, or to Seller's
knowledge by any other person or entity or tenant, for the storage, manufacture, or disposal of Hazardous
Materials. To Seller's knowledge there are no underground storage tanks of any nature located on or under
any portion of the Property. There has not been any generation, transportation, treatment, storage, disposal,
or release of Hazardous Materials in or on the Property by third parties other than as described in the Due
Diligence Materials provided to Purchaser in accordance with Section 3(a) of this Agreement. The Due
Diligence Materials provided by Seller pursuant to Section 3(a) are all of the reports in Seller's possession
or control dealing with environmental matters relating to the Property and no environmental reports have
been made or prepared in connection with the Property or adjacent properties owned or previously owned by
Seller or its affiliates except those which true and correct copies of have been delivered to Purchaser pursuant
to Section 3(a) of this Agreement.
(viii) There are no pending condemnation actions with respect to the Property.
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(ix) There are no leases or tenancies affecting the Property other than those
disclosed by Seller in the Due Diligence Materials, there are no parties with any right to possession of the
Property or any part thereof other than Seller, and the Property will not be subject to any lease, tenancy,
sublease, concession agreement, license agreement, or similar agreement as of the Closing Date.
(x) The service contracts delivered by Seller in the Due Diligence Materials are
the sole service agreements to which Seller is a party in effect with respect to the Property. There are no
service, property management, leasing, or maintenance agreements, contracts, or options affecting the
Property that will not be terminated by Seller prior to Closing.
(xi) There are no lease brokerage agreements, leasing commission agreements or
other agreements providing for payments of any amounts for leasing activities or procuring tenants with
respect to the Property which will not have been terminated as of Closing or under which any payment
obligations will remain after Closing.
(xii) Seller has not received any written notice of an intention to revoke or suspend
any, license, or permit issued in connection with the Property.
(xiii) There is no litigation, including any arbitration, investigation or other
proceeding by or before any court, arbitrator or governmental or regulatory official, body or authority which
is pending or, to Seller's knowledge, threatened against Seller relating to the Property or affecting the
Property or the transactions contemplated hereby.
(xiv) Seller has complied with the International Money Laundering Abatement and
Anti -Terrorist Financing Act of 2001, which comprises Title III of the Uniting and Strengthening America
by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the "Patriot
Act") and the regulations promulgated thereunder, and the rules and regulations administered by the U.S.
Treasury Department's Office of Foreign Assets Control ("OFAC"), to the extent such laws are applicable
to Seller. Seller is not included on the List of Specially Designated Nationals and Blocked Persons
maintained by the OFAC, or is a resident in, or organized or chartered under the laws of. (i) a jurisdiction
that has been designated by the U.S. Secretary of the Treasury under Section 311 or 312 of the Patriot Act as
warranting special measures due to money laundering concerns; or (ii) any foreign country that has been
designated as non-cooperative with international anti -money laundering principles or procedures by an
intergovernmental group or organization, such as the Financial Action Task Force on Money Laundering, of
which the United States is a member and with which designation the United States representative to the group
or organization continues to concur
(xv) The Property is not subject to rights of first refusal, options, or refund in favor
of any third party.
(xvi) Seller represents and warrants to Purchaser that no bulk sales statutes
promulgated by any Governmental Authority ("Bulk Sales Statutes") apply as a result of the sale of the
Property. Seller hereby indemnifies, defends and hold Purchaser harmless from and against any and all
losses, costs, damages, expenses (including, without limitation, court costs and reasonable attorneys' fees)
and liabilities which may be sustained or incurred by Purchaser, or any and all claims, demands, suits,
proceedings and causes of action which may be brought or raised against Seller or Purchaser, as a result of
or arising from (i) any claim that Purchaser has any liability or obligations under the Bulk Sales Statutes
(including, without limitation, any tax obligations or liabilities (or interest or penalties connected therewith)
of Seller) by reason of the transactions provided for herein; or (ii) the failure of Purchaser to withhold any of
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Seller's unpaid tax obligations, liabilities, interest or penalties thereon from the Purchase Price or otherwise
as required under any Bulk Sales Statutes.
(xvii) There are no pending or actual special assessments of real estate taxes, either
unconfirmed or confirmed, relating to the Property.
(xviii) Seller is not in default of any obligations, conditions, covenants, or
requirements, imposed on Seller pursuant to any of the Due Diligence Materials delivered by Seller pursuant
to Section 3(a).
(xix) All public utilities and quasi -public utilities are available to serve the Property
and are located upon or adjacent to the Property (including, without limitation, all applicable electric lines,
water lines, gas lines, and telephone lines), excluding municipal sewer and water mains.
(xx) The only PIN for the Property is 08-23-203-044-0000.
(b) Purchaser's Representations and Warranties. Purchaser makes the following
representations and warranties, which representations and warranties are true and correct on the date hereof
and will be true and correct on the Closing Date:
(i) Purchaser is validly existing in the State of Illinois, and has the full right,
power, and authority to purchase and acquire the Property as provided in this Agreement and to carry out
Purchaser's obligations hereunder, without the joinder of any other person or entity, and all requisite action
necessary to authorize Purchaser to enter into this Agreement and to carry out its obligations hereunder has
been or by the Closing will have been taken. The person(s) signing this Agreement on behalf of Purchaser
by his or her execution hereof certify and stipulate to Seller that the named Purchaser has the authority and
capacity to enter into and perform this Agreement, and that all necessary requirements have been followed
and complied with to authorize and empower him or her to execute this Agreement.
(ii) This Agreement is a valid and binding obligation of Purchaser, enforceable
against Purchaser in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization,
or other similar laws affecting the enforcement of creditors' rights generally.
(iii) Purchaser has not violated any contract, agreement, or other instrument to
which Purchaser is a party nor any judicial order, judgment, or decree to which Purchaser is bound by: (A)
entering into this Agreement; (B) executing any of the documents Purchaser is obligated to execute and
deliver on the Closing Date; or (C) performing any of its duties or obligations under this Agreement or
otherwise necessary to consummate the transactions contemplated by this Agreement.
(iv) Purchaser has complied with the Patriot Act and OFAC, to the extent such
laws are applicable to Purchaser. Purchaser is not included on the List of Specially Designated Nationals and
Blocked Persons maintained by the OFAC, or is a resident in, or organized or chartered under the laws of:
(i) a jurisdiction that has been designated by the U.S. Secretary of the Treasury under Section 311 or 312 of
the Patriot Act as warranting special measures due to money laundering concerns; or (ii) any foreign country
that has been designated as non-cooperative with international anti -money laundering principles or
procedures by an intergovernmental group or organization, such as the Financial Action Task Force on
Money Laundering, of which the United States is a member and with which designation the United States
representative to the group or organization continues to concur
(c) It is a condition to each Party's obligation to close that the representations and
warranties of the other Party are true and correct in all material respects as of Closing.
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(d) From and after the date of this Agreement unless and until this Agreement is
terminated, Seller shall not take any action or, to the extent reasonably within the control or influence of
Seller, permit or approve any action, that would cause any of the foregoing representations and warranties of
Seller to be untrue or incorrect in any material respect. If, prior to Closing, Purchaser becomes aware that
any of Seller's representations and warranties are not true and correct, Purchaser shall promptly notify Seller
of the same. Seller will have (at Seller's election) a period of ten (10) days ("Warranty Cure Period") in
which to attempt to cure any breach of warranty alleged by Purchaser or any breach of warranty otherwise
discovered by Seller (and the date of Closing will be extended accordingly); provided, however, that Seller,
at its sole option, may elect not to cure (or attempt to cure) the alleged breach. If Seller does not cure such
breach of warranty within the Warranty Cure Period and such breach is due to a change in the facts or
circumstances which do not otherwise constitute a default of Seller pursuant to the express terms of this
Agreement, then such breach will not constitute a default by Seller under this Agreement, but a failure of a
condition to Closing and, Purchaser may, within two (2) Business Days after the earlier to occur of (x) receipt
of notice from Seller that Seller does not elect to cure the alleged breach of warranty, or (y) expiration of the
Warranty Cure Period, (i) terminate this Agreement upon written notice given to Seller, or (ii) elect, upon
written notice given to Seller, to close without any set off or deduction of any kind against the Purchase Price;
provided, however, Seller is obligated to cure any Mandatory Title Clearance Items; and provided, further,
however, if Seller fails to cure the Mandatory Title Clearance Items in accordance with Section 4 prior to or
at Closing, then Purchaser may set off or deduct from the Purchase Price at Closing the amount of such
Mandatory Title Clearance Items not so cured. If this Agreement is so terminated, the Escrowee shall return
promptly the Earnest Money and any accrued interest to Purchaser and neither Party will have any liability
to the other except for the obligations of the Parties that expressly survive the termination of this Agreement.
If Seller does not receive written notice of Purchaser's election to terminate this Agreement within the two
(2) Business Day period specified above, Purchaser will be conclusively presumed to have elected to close
notwithstanding the alleged breach of warranty.
(e) The representations, warranties, certifications, and indemnifications of the Parties set
forth in set forth in Section 9 will survive Closing, provided written notice of any claim arising from a breach
of such representations, warranties, certifications, and indemnifications must be specified and received by
the other Party not later than nine (9) months after the date of Closing. Seller hereby indemnifies and holds
harmless Purchaser, its successors, assigns, directors, officers, shareholders, trustees, beneficiaries, agents,
representatives, employees, and tenants, against and from, any loss, claim, damage, or expense, including,
without limitation, reasonable attorneys' fees, which Purchaser incurs because any of Seller's representations
and warranties set forth in this Section 9 are untrue as of the Effective Date or the Closing Date, respectively,
whether such untruthfulness is discovered before or after the Closing. A reaffirmation of representations,
warranties, certifications, and indemnifications contained in this Section, the form of which to be reasonably
satisfactory to the Parties and executed by Seller, must be provided at Closing.
10. Possession. At Closing, Seller shall deliver to Purchaser sole and exclusive possession of the
Property, free and clear of all leases, and which Seller will deliver in the same condition as exists on the
Effective Date. Purchaser has the right to inspect the Property prior to Closing to verify the foregoing.
11. Covenants of Seller. Seller covenants and agrees with Purchaser that from the date of this
Agreement through the Closing Date:
(a) At the Closing, the Property will be delivered to Purchaser in substantially the same
condition it was on the date hereof, ordinary wear and tear excepted. Seller shall pay on a prompt and timely
basis all bills and discharge all obligations arising from the ownership, operation, management, maintenance,
and leasing of the Property as payments for same become due. Between the expiration of the Due Diligence
Period and the Closing Date, Purchaser has the right to a pre-closing inspection. Between the date hereof
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and the Closing Date (i) Seller shall keep the Property fully insured in accordance with prudent and customary
practice, and (ii) Seller shall not alienate, encumber, or transfer the Property or any part thereof in favor of
or to any party whomsoever, except as otherwise provided in this Agreement.
(b) Seller shall not enter into or execute any new leases or renew, extend, or modify, any
existing leases and tenancies without first obtaining Purchaser's express written consent, which consent may
be withheld in Purchaser's sole discretion.
(c) Seller shall not enter into any service or management contract or any other contract
encumbering or affecting the Property that will not be terminated at the Closing.
(d) On or before the Closing Date, Seller shall, at its sole cost and expense, terminate: (i)
all service contracts and (ii) any agreements with respect to the provision of any type of management services
and leasing services for the Property. Seller shall pay any early termination fees or costs with respect to the
termination of any service contracts. Seller hereby indemnifies, defends, and holds Purchaser and its agents,
attorneys, members, employees, and their respective personal representatives, heirs, and assigns harmless
from and against any and all liability, claims, counterclaims, actions, damages, judgments, penalties, costs,
and expenses (including, without limitation, reasonable attorneys' fees) in connection with any liability
arising under or in any way relating to the service contracts, the termination thereof, and the release by the
counterparty thereto.
(e) Seller shall promptly deliver to Purchaser copies of any written notice received by
Seller between the Effective Date and the Closing Date regarding (i) any environmental law, (ii) zoning or
code violation notices, or (iii) all actions, suits or other proceedings affecting the Property, or the use,
possession or occupancy thereof, which in any case may adversely affect Purchaser or the Property.
(f) In the event that a notice from any city or other governmental authority of a zoning
or other applicable code violation is received prior to the date of Closing, Seller shall promptly notify
Purchaser of such notice and, prior to Closing, shall correct any and all violations therein listed and will be
responsible for any fines or penalties related to all alleged violations cited prior to Closing. Seller shall either
(a) provide evidence that all code violations have been remedied, including providing a copy of the final
order from any legal proceeding as well as any permits and plans, or (b) properly remedy each violation prior
to Closing in a good and workmanlike manner with all necessary permits obtained from the applicable
governmental authority and obtain a compliance order in any pending code violation case related thereto.
Seller shall provide Purchaser with evidence reasonably satisfactory to Purchaser that all such violations have
been corrected and provide copies of all permits, plans, and specifications, and a compliance order by
Closing.
12. Conditions to Closing.
(a) Notwithstanding anything to the contrary contained in this Agreement, Seller's
obligation to close under this Agreement is expressly contingent and conditioned upon fulfillment with each
of the following conditions precedent and occurrence of each of the following events, provided that Seller,
at its election, evidenced by written notice delivered to Purchaser at or prior to the Closing, may waive all or
any of such conditions:
(i) Purchaser must have (i) executed and delivered to Seller all the documents
required under this Agreement; (ii) paid the full balance of the Purchase Price in accordance with Section
2(b) above; (iii) paid all other sums of money required under this Agreement; and (iv) taken or caused to be
taken all the other action required of Purchaser pursuant to this Agreement.
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(ii) Purchaser is not in default of any covenant or agreement to be performed by
Purchaser under this Agreement, and has performed all other obligations required to be performed by it under
this Agreement on or prior to the Closing Date.
(iii) All of the representations and warranties made by Purchaser in this
Agreement were true and correct in all material respects when made and are true and correct in all material
respects on the Closing Date with the same effect as if made on and as of such date.
(b) Notwithstanding anything to the contrary contained in this Agreement, Purchaser's
obligation to close under this Agreement is expressly contingent and conditioned upon compliance with each
of the following conditions precedent and occurrence of each of the following events, provided that
Purchaser, at its election, evidenced by written notice delivered to Seller at or prior to the Closing, may waive
all or any of such conditions:
(i) During the Due Diligence Period, Purchaser must be provided reasonable
access to the Property.
(ii) Seller must have: (i) executed and delivered to Purchaser, or the applicable
party, all of the documents required to be delivered by Seller at the Closing; (ii) taken all other action required
of Seller at the Closing; (iii) performed and observed all of the obligations and covenants of and required by
Seller pursuant to this Agreement prior to or as of the Closing Date.
(iii) All of the representations and warranties made by Seller in this Agreement
were true and correct when made and are true and correct on the Closing Date with the same effect as if made
on and as of such date.
(iv) The Title Company has issued the Title Policy, or the written obligation in a
form reasonably satisfactory to the Purchaser of the Title Company to issue the Title Policy, insuring
Purchaser's good, marketable, and indefeasible title to the Property subject only to the Permitted Exceptions
and with extended coverage over the general exceptions together with 3.1 zoning with parking endorsement
and any other endorsements as required by Purchaser.
(v) There are no actions, suits, arbitrations, claims, attachments, proceedings,
assignments for the benefit of creditors, insolvency, bankruptcy, reorganization, or other proceedings,
pending or threatened against Seller that would affect Seller's ability to perform its obligations under this
Agreement.
(vi) There are no judicial, administrative, or other adversarial suits, actions, or
proceedings pending against Seller or the Property, which were not disclosed to or discovered by Purchaser
before the end of the Due Diligence Period and which will be binding against the Property or Purchaser from
and after the Closing.
13. Indemnification. Seller indemnifies, defends, and holds harmless Purchaser and its agents,
attorneys, members, employees, and their respective personal representatives, heirs, and assigns from and
against any and all claims, demands, suits, obligations, payments, damages, losses, penalties, liabilities, costs,
and expenses (including, but not limited to, attorneys' fees and costs) (individually or collectively, a
"Claim") incurred by Purchaser arising from, or relating to:
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(a) Seller's ownership of the Property prior to Closing, including, without limitation, all
repairs, alterations, and improvements made to the Property by Seller; or
(b) Any individual who is a present or former tenant imposing or assessing any Claim
relating to an alleged violation by Seller during Seller's ownership of the Property prior to Closing of a lease
or any ordinances or other laws related to or affecting the lease.
Seller's indemnification obligations hereunder will not merge into the deed for the Property and will survive
the Closing for a period of Nine (9) months.
14. Condemnation. In the event that prior to Closing, any portion of the Property is condemned
or taken by eminent domain, or subjected to a bona fide threat of condemnation, or becomes the subject of
any proceedings, judicial, administrative, or otherwise, with respect to a taking by eminent domain or
condemnation, Seller shall promptly notify Purchaser thereof, and immediately provide Purchaser with
copies of any written communication from any condemning authority. In such event, Purchaser will have the
option to terminate this Agreement by written notice to Seller within twenty-eight (28) days of receipt of
such notice from Seller, whereupon Escrowee shall return the Earnest Money to Purchaser, and thereafter
neither Party will have any further obligations under this Agreement except as otherwise expressly provided
in this Agreement. If, notwithstanding such condemnation or threatened condemnation, Purchaser elects to
close, then (i) if the transfer of the condemning authority takes place prior to Closing, the remainder of the
Property will be conveyed to Purchaser at Closing; (ii) if the transfer of the condemning authority has not
taken place prior to Closing, the entire Property will be conveyed to Purchaser at Closing; (iii) if Seller has
received payment for such condemnation or taking prior to the Closing, the amount of such payment will be
a credit against the Purchase Price payable by Purchaser under this Agreement; and (iv) if Seller has not
received such payment at the time of Closing, Seller shall assign to Purchaser all claims and rights to or
arising out of such taking, including the right to conduct any litigation in respect of such condemnation.
Purchaser will be entitled to participate in any such condemnation proceedings as provided in this Section
14(c), and Seller shall cooperate with Purchaser in such respect.
15. Real Estate Brokerage Commission. The parties hereto represent and warrant to each other
that Troy Realty, Ltd; representing Purchaser Sujata Murthy, Sanjay Murthy, Megan Bauer, Gita Murthy or its
assignees is the procuring cause of the purpose transaction, and it is agreed that a brokerage commission of 2.5%
of the total sales price payable at closing to Anthony Spallone, Real Estate Broker of Troy Realty Ltd. Seller
also agrees to pay a commission to its broker, the Butler Group, per separate agreement.
16. Default.
(a) If Purchaser defaults in the payment of the Purchase Price or Purchaser defaults in
the performance of any of its other obligations to be performed under this Agreement and the Closing does
not occur as a result thereof (and Purchaser's default was not caused by Seller's default under this Agreement),
and Seller is otherwise ready, willing, and able to perform its obligations to be performed on the Closing
Date, Seller's sole and exclusive remedy by reason thereof will be to retain the Earnest Money as liquidated
damages for Purchaser's default hereunder, it being agreed that the damages by reason of Purchaser's default
are difficult, if not impossible, to ascertain, and whereupon this Agreement will terminate and Purchaser and
Seller will have no further rights or obligations under this Agreement except for those that are expressly
provided in this Agreement to survive the termination hereof. SELLER AND PURCHASER AGREE THAT
THE EARNEST MONEY AND ANY INTEREST EARNED THEREON, AS THE CASE MAY BE,
REPRESENTS A REASONABLE ESTIMATE OF THE TOTAL NET DETRIMENT THAT SELLER
WOULD SUFFER UPON A PURCHASER DEFAULT. SUCH LIQUIDATED AND AGREED
DAMAGES ARE NOT INTENDED AS A FORFEITURE OR A PENALTY WITHIN THE MEANING OF
APPLICABLE LAW. THE PARTIES AGREE THAT THESE LIQUIDATED DAMAGES ARE IN LIEU
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OF ANY OTHER RELIEF TO WHICH SELLER MIGHT BE ENTITLED BECAUSE OF PURCHASER'S
BREACH OR DEFAULT AND THAT SELLER HEREBY WAIVES ANY RIGHT IT MIGHT HAVE
HAD TO AN ACTION FOR SPECIFIC PERFORMANCE
(b) If Seller defaults in the performance of any of Seller's obligations to be performed
under this Agreement and the Closing does not occur as a result thereof, or if Seller has failed, refused, or is
unable to consummate the sale contemplated herein by the Closing Date (provided that no notice and cure
period will be applicable to Seller's failure to close on the Closing Date), then Purchaser may, at its option,
elect either to: (i) terminate this Agreement and receive, and (y) a refund of the Earnest Money and payment
of any interest that has accrued thereon without demand, deduction, offset, or delay, or any consent, approval,
authorization, or release from Seller and (z) payment from Seller equal to all actual, out of pocket costs and
expenses incurred by Purchaser in connection with this transaction, not to exceed $50,000.00, including,
without limitation, reasonable attorney's fees, and Purchaser shall provide copies of paid invoices for each
expense for which Purchaser is claiming reimbursement, and this Agreement will become null and void with
neither party having any further rights or liabilities under this Agreement except as otherwise expressly set
forth herein; (ii) pursue the remedy of specific performance of Seller's obligations under this Agreement; or
(iii) waive prior to or at Closing, as applicable, the default by Seller and proceed to close the transaction in
accordance with the remaining terms of this Agreement.
(c) Neither Party may exercise any remedy for a default unless five (5) Business Days
have passed after delivery of written notice to cure from the non -defaulting Party and the defaulting Party
has failed to cure said default.
17. Assienment'Seller may assign its rights and interests in this Agreement. Purchaser may
assign its rights and interests in this Agreement at Closing to a Permitted Assignee. Purchaser has the
absolute right and authority to designate a nominee or nominees to take title to the Property at Closing or to
assign this Agreement and all of Purchaser's rights hereunder without the consent of Seller to any corporation,
limited liability company, partnership, or other entity as Purchaser may elect, and any such assignee (the
"Permitted Assignee") will be entitled to all of the rights and powers of Purchaser hereunder, provided that
Purchaser: (i) gives Seller written notice of such assignment at least five (5) Business Days prior to the
Closing Date; (ii) delivers to Seller at or prior to Closing an instrument evidencing such assignment; and (iii)
Purchaser or its members own or control such Permitted Assignee. Provided that Permitted Assignee
assumes all of Purchaser's obligations under this Agreement in writing, then upon the effective date of the
assignment of this Agreement to Permitted Assignee, Purchaser will be released from all obligations under
this Agreement.
18. Like Kind Exchange. Either Party (the "Exchanging Party") may consummate the sale of
the Property as part of a so-called like kind exchange (an "Exchange") pursuant to §1031 of the Internal
Revenue Code of 1986, as amended (the "Code"), provided that (i) the Exchanging Party shall effect the
Exchange through an assignment of its rights under this Agreement to a qualified intermediary, but the
Exchanging Party will remain liable notwithstanding such assignment; (ii) the other Party (the "Non -
Exchanging Party") will not be required to take an assignment of this Agreement for the replacement
property, be required to acquire or hold title to any real property for purposes of consummating the Exchange,
or be required to incur any liability or expend any additional costs or expenses to effect the Exchange; (iii)
the Closing Date will not be extended to effectuate the Exchange; (iv) the Exchange will not be a condition
or contingency to Closing; (v) the Non -Exchanging Party will not by this Agreement or acquiescence to the
Exchange be responsible for compliance with or be deemed to have warranted to the Exchanging Party that
the Exchange in fact complies with § 1031 of the Code; and (vi) subject to the other provisions of this Section,
the Non -Exchanging Party agrees to reasonably cooperate with the Exchanging Party, at the Exchanging
Party's sole cost and expense, to the extent necessary to consummate the Exchange.
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19. Notices. All notices or other communications required or permitted under this Agreement
must be in writing, and must be (i) personally hand delivered, (ii) sent by overnight air express service for
next business day delivery and providing confirmation of delivery, (iii) by registered or certified mail, postage
prepaid, return receipt requested, or (iv) by email or facsimile telecommunication to the email address or
facsimile number set forth below, in all cases addressed to the Parties at their respective addresses, as follows:
To Purchaser: Alan M Jacob, Attorney
3722 Springdale Avenue
Glenview, Illinois 60025
alanmjacob@grnail.com
with a copy to:
To Seller: c/o: The Alter Group, Ltd.
3201 Old Glenview Road
Suite 302
Wilmette, Illinois 60091
Attn: Randolph Thomas
rthomas@altergroup.com
with a copy to: Ash, Anus, Freedman & Logan, L.L.C.
95 Revere Drive, Suite G
Northbrook, Illinois 60062
Attn: Lawrence M. Freedman
lmfreedman(a-)aflaw.com
or in each case to such other address as either Party may from time to time designate by giving notice in
writing to the other Party in the manner detailed in this Section. Such notice or other communication is
deemed given and effective upon (a) upon transmission receipt if delivered by email or facsimile
telecommunication, provided that such delivery is made prior to 5:00 p.m. (CST) on a Business Day unless
any other time is specifically provided for a deadline in any Section under this Agreement, otherwise the
following Business Day, or (b) one (1) Business Day after tendering to an overnight air express service or
Registered or Certified Mail. The Parties agree that the attorney for such Party has the authority to deliver
notices on such Party's behalf to the other Party hereto. Notice to a designated attorney for a Party is deemed
notice to that Party for purposes of Section 4(c).
20. Further Assurances and Cooperation. In addition to the obligations required to be
performed hereunder by Seller and Purchaser, prior to, at, or after to closing, each Party shall execute,
acknowledge and/or deliver such other instruments as may be reasonably requested in order to effectuate the
purposes of this Agreement without imposing additional liability or obligation on Seller or Purchaser beyond
that imposed by this Agreement. This provision will survive the Closing.
21. Termination Right. If Illinois statutory or case law would hold that this Agreement is illusory
or is otherwise unenforceable due to a right of termination granted to Purchaser hereunder (whether it be the right
to terminate during the Due Diligence Period, the Governmental Approval Contingency Period, or otherwise),
then if Purchaser elects to terminate pursuant to such right, then following such termination Seller will have the
right to invoice Purchaser the sum of One Hundred Dollars (the "Termination Right Consideration") and
Purchaser agrees to pay the Termination Right Consideration to Seller within thirty (30) days immediately
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following Purchaser's receipt of such invoice and the obligation to pay will survive the termination and the
disbursement of the Earnest Money.
22. Miscellaneous.
(a) This Agreement contains the entire Agreement between the Parties respecting the
matters herein set forth and supersedes all prior written or verbal agreements between the Parties hereto
respecting such matters, including, without limitation, that certain signed "Letter of Intent" between the
Parties and any prior letters of intent or correspondence.
(b) Time is of the essence of this Agreement.
(c) Section headings will not be used in construing this Agreement.
(d) Except as herein expressly provided, no waiver by a Party of any breach of this
Agreement by the other Party will be deemed to be a waiver of any other breach by such other Party (whether
preceding or succeeding and whether or not of the same or similar nature), and no acceptance of payment or
performance by a Party after any breach by the other Party will be deemed to be a waiver of any breach of
this Agreement or of any representation or warranty hereunder by such other Party whether or not the first
Party knows of such breach at the time it accepts such payment or performance. No waiver will be binding
unless executed in writing by the Party making the waiver.
(e) No rules of construction against the drafter of this Agreement will apply in any
interpretation or enforcement of this Agreement, any documents or certificates executed pursuant this
Agreement, or any provisions of any of this Agreement.
(f) No failure or delay by a Party to exercise any right it may have by reason of the
default of the other Party will operate as a waiver of default or as a modification of this Agreement or will
prevent the exercise of any right by the first Party while the other Party continues to be so in default.
(g) This Agreement will be construed and enforced in accordance with the laws of the
State of Illinois.
(h) No agreement, amendment, modification, understanding, or waiver of or with respect
to this Agreement or any term, provision, covenant, or condition hereof, nor any approval or consent given
under or with respect to this Agreement, will be effective for any purpose unless contained in a writing signed
by the Party against which such agreement, amendment, modification, understanding, waiver, approval, or
consent is asserted.
(i) If any provision of this Agreement or any application to any party or circumstances
is determined by any court of competent jurisdiction to be invalid and unenforceable to any extent, the
remainder of this Agreement or the application of such provision to such person or circumstances, other than
those as to which it is so determined invalid or unenforceable, will not be affected thereby, and each provision
hereof will be valid and will be enforced to the fullest extent permitted by law, except that, if as a result
thereof, the consideration to be paid to Seller under this Agreement is diminished in any material respect
Seller will have the option, upon written notice to Purchaser, to terminate this Agreement.
0) This Agreement will be binding and inure to the benefit of Purchaser and Seller and
their successors and permitted assigns.
(k) If the final day of any period or any date of performance under this Agreement falls
on a Saturday, Sunday or Federal or State of Illinois holiday, then the final day of the period or the date of
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such performance will be extended to the next Business Day. As used in this Agreement, "Business Day"
means any day which is not a Saturday, Sunday, or Federal or State of Illinois legal holiday.
(1) Nothing contained in this Agreement will be construed to create a partnership or joint
venture between the Parties or its or their successors in interest or any other relationship other than as seller
and purchaser.
(m) Seller and Purchaser each waives any right to trial by jury on any action or proceeding
to enforce or defend any rights under this Agreement or arising from the transactions contemplated by this
Agreement, and agrees that any such action or proceeding will be tried before a court and not before a jury.
Seller and Purchaser irrevocably agree that all actions or proceedings in any way, manner or respect arising
out of or from or related to this Agreement will be litigated only in courts having situs within the County of
Cook, State of Illinois. Seller and Purchaser hereby consent and submit to the exclusive jurisdiction of any
local, state, or federal court located within said counties and state. Seller and Purchaser each hereby waive
any right each may have to transfer or change venue of any such action or proceeding. In the event of any
litigation relating to this Agreement, the prevailing Party as determined by a court of competent jurisdiction
in a final non -appealable order will be reimbursed by the non -prevailing Party for its commercially
reasonable, documented, and out-of-pocket costs and expenses, including legal fees, incurred in connection
with such litigation, including any appeal therefrom. THIS WAIVER IS GIVEN KNOWINGLY AND
VOLUNTARILY AFTER CONSULTATION WITH COUNSEL
(n) The "Effective Date" hereunder will be the last date set forth directly beneath the
signatures of Seller and Purchaser provided below. Upon the request of a Party, the Parties shall promptly
deliver an original thereof to the other Party.
(o) The Exhibits and Schedules attached to this Agreement are hereby incorporated into
and made a part of this Agreement the same as if fully set forth in the body of this Agreement.
(p) This Agreement may be executed in counterparts, each of which, when so executed
and delivered, will be deemed an original, and such counterparts together will constitute one instrument. This
Agreement may be executed by facsimile, so-called electronic PDF, or electronic signatures, and in any
number of counterparts. Each Party may rely upon any facsimile, PDF, or counterpart copy as if it were one
original document. A facsimile or electronic mail copy of this Agreement and any signatures thereon will be
considered for all purposes as originals.
(q) Seller agrees to indemnify, defend, and hold harmless Purchaser from and against any
liability that Purchaser may incur resulting from the failure of Seller to pay any income, business, or
occupation tax payable by Seller to the Illinois Department of Revenue. This indemnification expressly
survives the Closing and the delivery of the Deed to Purchaser.
(n) Except in connection with an action for specific performance filed by Purchaser in
accordance with its rights hereunder, in no event may this Agreement or any memorandum hereof be recorded
in the public records of the state or county in which any portion of the Property is situated, and any such
recordation or attempted recordation will constitute a breach of this Agreement by the Party responsible for
such recordation or attempted recordation.
(o) The submittal of this Agreement will not be binding and bestows no rights or
obligations on either Party until accepted and executed by both Purchaser and Seller.
[Signature page follows.]
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DocuSign Envelope ID: B79A810D-E713-4B9D-BDDO-5E6C7A4092B1
IN WITNESS WHEREOF, Seller and Purchaser have executed this Agreement as of the
Effective Date.
[Doeu3l'ft"PURf�HASER: SELLER:
SAFBMEICF Mtesan' Murthy Chicago Title Land Trust Company, not personally,
but as successor Trustee u/t/a/ dated March 9, 1970
a/k/a Trust No. 40666
By:
Its:
21
80
CONDITIONAL USE APPLICATION SUPPLEMENT
STANDARDS
LOCATION: NORTHEAST CORNER OF ALGONQUIN ROAD AND WALL STREET
ZONING DISTRICT. B-3, COMMERCIAL SHOPPING DISTRICT
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 shall be a luxury car wash facility. It is designed to be
efficient and safe in use. Water Use: The average water use to wash a car at home in a
driveway will utilize approximately 150 gallons of water. A typical car wash attached to a
gas station facility will use approximately 60 gallons of water. This design shall use
approximately 15 gallons of water. Soap: All soaps used within the tunnel system are
water-based, biodegradable, eco -friendly, and odorless. Lighting: The development
design shall ensure any lighting will not exceed the foot-candle maximum fixed amount
at the property line by the Village code or ordinance, or if none exist, will not exceed
County or State standards. Safety: The design of the use has been tested and operated
in other locations and is so designed as to virtually eliminate any safety hazard.
Additionally, the design is such that the general public will not be subject to any threat,
potential threat or hazard. The use is not morally questionable as it is a service for
vehicles. The addition of the use will add comfort to drivers and commuters through the
Village.
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 immediate vicinity is commercial in nature with some
office and/or office buffer including a corporate park. Little to no residential zoning
districts are adjacent to the subject property. The aesthetics of the design shall increase
not only the property value of the subject property, but enhance the aesthetics of the
immediate vicinity, increase the use of adjacent properties and potentially increase the
property value of the adjacent properties. The use of the subject property shall not
impede the use and enjoyment of other properties in the adjacent area as it is a car
wash express service is ample stacking, staff on-site and normal business hour
operations. The Village of Mount Prospect approved a two-story mixed use project
including 5 Residential unites on the 2nd floor at nearby 1798 S. Elmhurst Road. The
proposed operation will be a nice addition for use by customers and residents of the
mixed use and will not interfere with the operators and residents and will not be
injurious to the use and enjoyment of that property.
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 subject use shall not interfere nor disrupt current or
future development of the surrounding area. The use and operation is contained within
the site and the stacking of vehicle design is such that the operation can absorb more
than enough vehicles (in a worst case scenario) as not to create or cause traffic
congestion or any other disruptive element to the development and improvement of
surrounding properties as they are permitted in the district.
81
4. That adequate public utilities, access roads, drainage and/or necessary facilities
have been or will be provided; Comprehensive studies including topography,
geotechnical, survey and other investigative studies such as traffic have been
conducted to ensure sufficient infrastructure for operations. With efficient water usage,
efficient electrical usage including lighting, a state-of-the-art drainage and water
removal system, it has been determined that adequate utilities are available and that the
operation shall not be burdensome upon the Village or surrounding properties in
connection with the operation of this use.
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; A traffic study
has been conducted as well as a traffic analysis including car count, traffic flow and
other necessary studies to ensure a smooth flow of traffic, ease of ingress/egress,
reduction of any disruption to the traffic flow onto or off of the public way as well as
clear marked lanes of movement onto and off of the site. The Comprehensive Plan
designates this area as Mixed Use. The Existing Land Use Map designates this site as
currently Vacant.
6. That the proposed conditional use is not contrary to the objectives of the current
Comprehensive Plan for the Village; Analysis of the Comprehensive Plan has
determined no part of this use proposed is contrary to the letter or spirit of the
objectives therein and falls in line with that plan.
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. The applicant and any person, entity, corporation or otherwise
associated with this project shall ensure compliance with any regulations (locate,
County, State & Federal) and shall accept the recommendations of the Planning &
Zoning Commission. The dedication of the applicant has already been established as
he has directed all parties associated with this project to immediately implement the
recommendations already given by the Planning and Zoning Team during and after a
preliminary meeting to discuss this project. The applicant is dedicated to continuing
implementation of any recommendations by the Planning & Zoning Commission. The
Connect South MP 2020 Subarea Plan designates this property as an opportunity site.
The recommendation under this plan is for retail development to support the multi-
family development in the immediate area. Consolidation of the opportunity site to the
east should be explored for a larger retail development with the potential for dwelling
units above the first floor However, the Village has not received any other development
opportunities for this site. This site should be considered as proposed. It would make
an excellent addition of a service to those within the area who use vehicles on a daily
basis to keep their vehicles clean. In review of of the long-range planning, this site
proposal would be a great addition to the Village within the purview of the
Comprehensive Plan and the long-range planning.
82
Variation - A variation from the zoning regulations shall not be granted or recommended for approval
by the Planning and Zoning Commission unless findings of fact based on evidence are made in each
specific case that affirm the following standards:
1. Because of the particular physical surroundings, shape, or topographical conditions of the specific
property involved, a specific hardship to the owner would result, as distinguished from a mere
inconvenience if the strict letter of the regulations was to be applied;
Here, the applicant seeks to install certain canopies and accessory structures for the convenience of the
customer/client visiting the car wash and for aesthetic reasons. It would be an undue hardship to require
the applicant/petitioner a strict interpretation of the regulations. The spirit of the regulations is to avoid
disruptive design, distracting design or an unsafe environment. Here, the applicant/petitioner seeks to
increase the number of accessory structures to promote aesthics and a variation in height and square
footage to keep uniformity and use proper for an express car wash facility.
2. The conditions upon which an application for a variation are based are unique to the property for
which the variation is sought and are not generally applicable to other property within the same
zoning classification;
The applicant/petitioner is seeking to establish a luxury express car wash. Most uses of this zoning
classification are not for a car wash facility. The variations (number of structures and height and size of
the canopies) is not only unique to the operation but unique to the overall design of the facility.
3. The purpose of the variation is not based primarily upon a desire to increase financial gain;
The purpose of the variation is to create an aesthetically pleasing site plan and reduce sound with the
use of the combined refuse/vacuum unit structure designated an accessory structure. The goal and intent
is not to create any increase in financial gains.
4. The alleged difficulty or hardship is caused by this Chapter and has not been created by any person
presently having an interest in the property;
The current difficulty is caused by this chapter, not by any person having an interest in the property. The
canopy sizes are fit to the design of this site plan, the heights are designed to accommodate customers
and clients. No person created the difficulty and hardship.
5. The granting of the variation will not be detrimental to the public welfare or injurious to other
property or improvements in the neighborhood in which the property is located;
The variations are simple -allow canopies a bit larger than 200 square feet and taller than the fixed 10
feet. Additionally, the petitioner/applicant seeks an increase of accessory structures from 2 to 4. None of
these variations will in any way, be detrimental to the public welfare or injurious to other property or to
improvements or to the neighborhood.
6. The granting of the variation will not alter the essential character of the neighborhood; and
The essential character of the neighborhood shall remain the some with the granting of all variations.
7. The proposed variation will not impair an adequate supply of light and air to adjacent property or
substantially increase the congestion of the public streets, or increase the danger of fire, or impair
83
natural drainage or create drainage problems on adjacent properties, or endanger the public safety,
or substantially diminish or impair property values within the neighborhood.
The granting of these variations shall not diminish light, drainage, public safety, adjacent property, or
increase the dangers associated with fire, flood or otherwise.
84
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LEGAL DESCRIPTION
Lot 2 in Lake Center Plaza Resubdivision No. 4, being a Resubdivision of Lots 8, 9, 10 and 11 in
LakeCenter Plaza, a Resubdivision in the Northeast 1/4 of Section 23, Township 41 North, Range 11,
East ofthe Third Principal Meridian, according to the Plat thereof recorded March 20, 2018 asDocument
No. 1807906120, in Cook County, Illinois
86
NARRATIVE AND OPERATIONS
The Petitioner seeks to establish an Auto Luxury Spa, sometimes called an Auto Laundry, or
Express Car Wash. The proposed facility is unique in structure as it has brick facade, towers,
unique lighting and a state -of -the- art tunnel system. The aesthetics are more akin to a modern
day bank rather than an express car wash. The structure is neither a copy or identical in design
to any other structure or facility nearby nor is it an anomaly. The height, width, depth, and
breadth are not too wide, high, or deep to create a distraction. Rather, the design is made to
create the cohesion of a business district and a unified and symmetrical representation of the
area. Unique. Elegant. Luxurious.
The proposed operating hours are 7:OOAM-9:OOPM during the summertime and
8:OOAM-8:OOPM during the winter time. During the weekends, the operating hours would be
8:OOAM-7:OOPM on Saturday and 8:OOAM-5:OOPM on Sunday. Peak hours are typically in the
early evening during the weekdays and mid-morning on the weekends.
Although the entire system is automated, this facility would employ person to be at the facility
during normal operating hours. A minimum of 3 employees would be present at the facility at
all times with a maximum of 6 during peak hours. As we are dedicated to cleanliness, our
facility must demonstrate that. We train our employees to assign one employee as a rover in
the vacuum area. In this area, there are several vacuums and waste bins. Our employees will
ensure no trash is left on the grounds, all trash is disposed of in the waste bins and bins are
emptied periodically as they fill. Other employees would assist clients in selecting a specific
wash -type, answer questions, assist with payment operations, and provide overall
management of the facility during operations.
The tunnel system is state-of-the-art. The tunnel is equipped with speed doors on both ends
and sophisticated sensor systems to create an efficient and safe operation. The system is belt -
fed or conveyor. Unlike a track system requiring a client to line-up the left side of their tire onto
a track, place the vehicle in neutral and allow the system to "drag" the vehicle through the
wash. Our system allows the client is simply drive onto the conveyor belt. We can
accommodate and draw clientele with after -market lift vehicles, larger vehicles, exotic vehicles
and vehicles with specialty wheels. The facility shall have an installed payment canopy with
ease of use.
The washing system is extremely efficient. If washing a vehicle in a driveway, an individual may
use up to 150 gallons of water. A typical car wash attached to a gas station may use up to 60
gallons of water. Our wash system uses only 15 gallons of water per wash. Additionally, the
soap used within the system are non-toxic, water-based, biodegradable, odorless, and
environmentally friendly. To avoid disruption of traffic and to provide a continuous flow from all
lanes, the car wash shall be designed to complete the entire process of washing -from the point
of sale at gate opening to the exit of the wash-in under two minutes. Finally, the design
includes a built-in time -space element so that a vehicle shall exit the wash every 20 seconds.
The ground/land/property upon which the facility shall be constructed and operated creates
diversity generally, and in particular, provides coupling and complimentary element to its
surroundings. The business corridor of Mount Prospect, Illinois has several commercial
properties adjacent to it in their own unique niche. This will be a great complimentary addition.
We selected Mount Prospect for its vibrant corridor and easy to maneuver and navigate design.
The Petitioner shall provide phasing of development, encourage inspections by City and
County employees to ensure compliance with all codes and ordinances and will provide full
cooperation in this very important process. We look forward to working with the Village of
Mount Prospect on this exciting project.
87
MAYOR
Paul Wm. Hoefert
TRUSTEES
Agostino S. Filippone
Terri Gens
John J. Matuszak
Richard F. Rogers
Colleen E. Saccotelli
Michael A. Zadel
Village of Mount Prospect
50 S. Emerson Street, Mount Prospect, Illinois 60056
July 13, 2022
Natesan Murthy
6400 N. Northwest Highway Suite 4
Chicago, IL 60631
Via Email: Natsunitechnicloud.com
Re: PZ -17-22 / Conditional Use - Car Wash / 1791 Wall Street
Dear Mr. Murthy:
VILLAGE MANAGER
Michael J. Cassady
VILLAGE CLERK
Karen Agoranos
Phone: 847/392-6000
Fax: 847/392-6022
www.mountprospect.org
The Village of Mount Prospect has reviewed the documents submitted on July 1, 2022 requesting
conditional use approval to operate a car wash at the subject property located at 1791 Wall Street, and
provides the following review comments:
Planning and Zoning Division:
General
1. Provide a description and business narrative/summary for an overview of the
operations, hours of operation, number of employees on site at peak hours, peak hours
on weekdays/weekends, etc.
2. The address of the subject property is 1791 Wall St. Revise the titlebock on all sheets
to reflect this.
3. Remove the existing landscape plantings from Sheets C-4 and C-5 since the
information conflicts with the proposed plantings in the Landscape Plan.
4. Village staff is still waiting on the outstanding items: Traffic Memo & Traffic Letter.
5. Provide other locations of car washes.
6. Does the entry canopy menu area produce any noise or sound?
7. Provide detail on the noise of the vacuums. Are the vacuums completely silenced?
8. Does the applicant plan on owning the property long term? How have other locations
performed business wise?
9. Provide a point -by -point response letter to each of the comments provided in this
review letter.
Site Plan (Sheet 1)
10. The property line in the proposed site plan do not match the dimensions in the plat of
survey. Please confirm the correct dimensions and add these correctly dimensioned
property lines on all plans.
Lot Line Plat of Survey Proposed Site Plan
North 313.68' 315.93'
East 194.00' 197.77'
South 322.49' 324.75'
West 183.45' 198.20'
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Village of Mount Prospect I Page 2
11. The address of the subject property is 1791 Wall St. Revise the Lot Data table to reflect
the address.
12. Remove the existing landscaping from Sheet 1 as the existing landscape information
conflicts with the proposed landscaping on the submitted Landscape Plan.
13. Call out the specific setbacks of the parking lot on all property lines for reference.
14. Provide the total square footage of each canopy.
15. Provide detail on the sign (stop sign?) to the north of the car wash exit. This sign is not
shown within the sign package attachment.
Canopies
16. Indicate the height and size (dimensions and area) of all proposed detached canopies,
including the canopy over the pay station.
Landscape Plan
17. Include the property address of 1791 Wall St in the titlebock.
18. When printed out on an 11x17, the text in the planting schedule is hardly legible.
Please increase the size of the font to improve legibility for public viewing when the
agenda packet is posted on the Village's website.
19. Missing:
- Location of easements and utility appurtenances.
- Location of exterior lighting, including parking lot lighting.
- Methods to be used to protect plants and planted areas (curbs, ties, walls, etc.).
- Irrigation plan, required for commercial, industrial and multi -family residential
projects. (This shall be required at time of building permit submittal and will
be included as condition of approval in the ordinance.)
- Proposals to protect and preserve existing trees during and after construction.
20. Per Section 14.2304(B)(2)(a), 50% of shrubs shall be deciduous and 50% evergreen.
The total number of deciduous shrubs to evergreen shrubs is 103 to 86. Revise so that
there is a 50% split between the two types of shrubs.
21. Section 14.2304(B)(2)(b) and (c) requires that for shrubs that mature at less 5' in
height, the minimum installation size shall be 2', and for shrubs that mature taller than
5' in height, the minimum installation size shall be 3'. Please identify the mature
heights of all shrubs and ornamental grasses and include the minimum installation size
in the Planting Schedule.
22. Section 14.2306(B)(2)(a) requires that landscaping shall be provided across 50% of the
abutting lot line to a minimum height of 3' for perimeters abutting/adjacent to
N onsingle- Family Residential Uses. It also requires that plantings shall be placed in
clusters, containing a minimum of 7 shrubs per cluster, spaced at intervals of
approximately 35' along the lot line. Provide the mature height of all proposed
plantings. There are multiple instances where the number of shrubs per cluster is under
7 shrubs. Please revise to meet the requirement.
23. Section 14.2306(B)(2)(b) requires that shade trees be provided at the equivalent of 75'
apart along the abutting lot line. There are multiple instances where shade trees are
spaced more than 75' apart. Include the spacing dimensions between the shade trees
and provide shade trees where needed along all lot lines. Evergreen trees do not count
towards this requirement.
24. The landscape island on the northwest section of the vacuum bay parking stalls does
not meet code. Additional shrubbery and at least another shade tree shall be added to
meet the 50% live coverage and a shade tree per every 120 square feet.
25. Several other landscape islands do not meet the 50% live coverage requirement. This
includes all islands to the east.
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Village of Mount Prospect I Page 3
26. Minimum sizing should be noted.
27. In lieu of not meeting foundation landscaping to the west, additional shrubbery shall be
added to the landscape islands to the west near the exit of the car wash that exceeds
code.
28. Identify the 9 plantings along the Wall St frontage.
29. Refer to the attached mark-up.
Photometric Plan
30. Per Section 14.314(A)(2)(a) and (c), full cutoff luminaries with a total cutoff angle of
not more than 90° shall be used and flat lenses are required for all lighting fixtures.
Confirm that all lighting fixtures comply.
31. Per Section 14.314(A)(2)(t), the total height of light fixtures located in parking lots,
including the pole, pole support, fixture and related equipment, shall be limited to a
maximum of 30'. Staff notes that only the mounting heights of 25' and 10' are
provided on Page 1 of 1 prepared by PG enlighten.
Responses to Standards
32. Elaborate on the Responses to Standards:
a. #2: The Village approved a two-story mixed use project including 5 residential
units on the 2nd floor at nearby 1798 S. Elmhurst Road. Revise the response to
include this project.
b. #5: Include specific references to the Comprehensive Plan. Its Future Land Use
Map designates the site as Mixed Use. Existing Land Use Map designates the site
as Vacant.
c. Include specific reference to the Connect South MP 2020: Subarea Plan. The
subarea plan designates the property as an opportunity site. The recommendation
under this plan is for retail development to support the multi -family development
in the immediate area. Consolidation of the opportunity site to the east should be
explored for a larger retail development with the potential for dwelling units above
for the first floor. However, the Village has not received any other development
opportunities at this site.
d. The long-range planning documents can be found on the Village's website.
Trash Enclosure
33. Staff cannot comment on the trash/vacuum tank enclosure as no drawings were
submitted. The enclosure shall be screened on all sides by a solid wood fence or
equivalent screening material to a height not less than six feet (6'). Provide elevations
of the trash/vacuum tank enclosure. Screening shall be high enough to block all
structures.
Building Division:
34. A full review of the construction documents will be completed upon full building
permit submittal. There does appear to be one error in the building description section
of the floor plan submittal where the building area (allowable) is listed as 30 feet,
which is likely the building height calculation. Please review and correct for the
building permit submittal. There is no need to correct this for the zoning application to
proceed. No other building department comments.
35. The signage proposed meets all the required size limitations of the code. However, this
property has 2 rights of way, which allows for 2 walls signs by right. One additional
sign can be approved by staff if it is visible from the right of way. In this case three
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Village of Mount Prospect I Page 4
wall signs would be allowed under the code. The application has requested 4 wall
signs, which would require a variation. Either a sign will need to be removed, or the
zoning application will need to be amended to include a variation request for a 4th wall
sign.
Public Works Department:
36. Engineering/Public Works has no objections to the requested Conditional Use to
construct a car wash at 1791 Wall Street. However, the following site issues should be
addressed prior to granting Conditional Use Approval:
37. Do not remove the parkway trees along Algonquin Road as shown on Sheet C-2.
38. Provide a statement confirming that the stacking will not extend onto Wall Street.
39. The pervious pavers may not be used in areas where frequent and heavy truck (i.e.,
garbage trucks) traffic is anticipated.
40. The Utility Plan (Sheet C-5) shows the water service to be connected to the private fire
loop serving the neighboring property. Correct the drawing to show the fire loop on
the neighboring property, and show the new service connecting to the watermain along
the west side of Wall Street.
41. The garbage truck movement exhibit included on Sheet C-6 shows the truck backing
across the exhibit from the car wash and into the stacking lanes. The garbage truck
movements should be forward only.
42. No variations or exceptions from Village Codes are requested or approved.
43. In addition, the following continents must be addressed prior to submitting for a
Building Permit, but need not be addressed prior to granting Conditional Use approval:
44. Install a STOP sign and stop bar at the exhibit onto Wall Street.
45. Provide complete stormwater management report.
46. Permits will be required from the Illinois Department of Transportation for the storm
sewer connection proposed in the Algonquin Road ROW, and from the Metropolitan
Water Reclamation District of Greater Chicago (MWRD) for all sanitary and
stormwater management improvements.
Fire Department:
The petitioner is advised of the following conditional approval comments from the Fire Department:
47. Additional fire hydrants may be required for this project. Hydrants shall be provided
around the perimeter of the building at a maximum of three hundred feet (300') spacing
measured along access roads. Such hydrants shall be installed not more than fifty feet
(50') nor less than twenty-five feet (25') from the building. Fire hydrants will be
required within three hundred feet (300') (spacing) around the entire building. An
additional fire hydrant will be required for the driveway area south side.
48. An emergency vehicle apparatus turning plan will be required prior to the approval of
the site layout.
The petitioner is advised that the following items must be included in the building/site plans submittal:
49. A fire sprinkler system in accordance with NFPA 13 will be required for this project
for all buildings. Ensure fire sprinkler shop drawings, hydraulic calculations, and
equipment cut sheets are submitted for review.
Village of Mount Prospect Fire Prevention Code, 24.20
50. A fire alarm system will be required for this project. Ensure fire alarm shop drawings
with point-to-point wiring diagrams, battery load calculations, and equipment cut
91
Village of Mount Prospect I Page 5
sheets are submitted for review.
51. A minimum of three feet (Y) clear space shall be maintained around the circumference
of any new or existing fire hydrant, fire department connection, fire protection control
valve, or any other fire protection system component.
52. An egress plan must be provided for the space. This plan must include occupant loads,
travel distances, egress widths, and common path of travel distances. An egress plan
will be required when the building plans are submitted for review. Additional exits may
be required.
53. All egress doors are to use keyless locksets on the egress side. No flush bolts, dead or
draw bolts, etc. will be allowed.
Life Safety Code, 7.2.1.5.1
Please make the changes as noted above and submit the revised drawings and a point -by -point
response letter. You may e-mail the digital copy. Feel free to contact me at (847) 818-5314 /
achoi a, mountprospect.org if you have any questions.
Sincerely,
Ann Choi
Development Planner
92
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NATESAN MURTHY
6400 N. NORTHWEST HIGHWAY
SUITE 4
CHICAGO, ILLINOIS 60631
ALAN.J@CARWASHPRODESIGNERS.COM
CWPD
6400 N. NORTHWEST HIGHWAY
SUITE 4
CHICAGO, ILLINOIS 60631
21 July 2022
SUBJECT. RESPONSE LETTER TO REVIEW LETTER DATED 13 JULY 2022
1. Description and Business Narrative Completed and Included in Submission Dropbox under
Zoning Application.
2. Revised title sheet and borders.
3. Existing landscape plantings from Sheets C-4 and C-5 removed.
4. Traffic Memo & Letter Completed and included in Submission Dropbox under Zoning
Application.
5. There are no other Snap Wash facilities, however, our group has successfully built and
currently operate (or owners operate) three locations: Voda in Orland Park, Illinois, Love in
Carol Stream, Illinois and Squeaky G's in Bartlett, Illinois. We also have a project under
construction in Aurora, Illinois set to open in mid-August 2022. In addition, we have other
facilities successfully zoned after hearings for a car wash and are in the permitting phase
with various municipalities in Illinois, Florida, Ohio, and Indiana.
6. The entry canopy menu area produces no sound whatsoever.
7. Pursuant to the Village Code and Ordinances, "decibels" appears in 3 places: Ambulance,
Limited Industrial District, and Environmentally Sensitive Development. Ambulance is not
applicable to this proposed use. Additionally, this is not in a Limited Industrial District.
Finally this is not an Environmentally Sensitive Development. Given the standards of the 3
areas where decibels are mentioned, the maximum allowable decibels are 100db for an
Ambulance, 72db (8am-10pm) and 67db 10pm-8am) for Limited Industrial District, and 65
db at property line for ESD. The vacuum system is enclosed within the building and
produces zero decibels at the property line. The vacuum system within the enclosure is
equipped with a muffler system and produces zero decibels at 15 feet from the enclosure.
The vacuum itself is a FT-DD-T340HP4 Model, 40hp Vacstar Turbine. It provides the
following readings when tested: 73db at 3 feet from turbine, 69db at 10 feet from turbine,
54db at 20 feet from turbine, and 38db at 30 feet from turbine. The property line to the
vacuum is greater than 30 feet. Given these readings, the db level would continue to fall
towards the property line below 38db. No Village or city or State code in the State of Illinois
has a maximum decibel level allowed at property line on a commercial site lower than
38db. The systems meet all standards allowable.
8. The applicant intends to own the property long term as this will be a family run operation.
9. This correspondence shall complete the requirements of number 9 within the Review Letter.
10. We received a new ALTA that matches exactly to the Village survey. All lot lines adjusted
and accurate. ALTA and adjusted site plan uploaded and included in the Submission
Dropbox and include the latest boundary.
11. The Lot Data table has been updated to reflect the address as 1791 Wall Street.
12. Existing landscaping removed from sheet 1, See updated sheet G-1.2
13. Specific setbacks called out on geometric plan on Sheet C-3.
14. Total square footage on canopies added as notes on sheet G-1.2.
94
15. A stop sign detail is shown on Sheet C-3.
16. Height and size of all proposed canopies added dimensions on sheet A-3.2 and A-5.1.
17. Address 1791 Wall St. added in the title book.
18. Font increased on sheet L-1.2.
19. Location of easements/utility appurtenances, exterior lighting, parking lot lighting updated
on Sheet L-1.1. Methods to be used to protect plants and planted areas are within beds
and impervious surface protected by curbs. Irrigation plan will be submitted at building
permit and we acknowledge will be a condition of approval in the ordinance. Proposals to
protect and preserve existing trees during and after construction indicated on sheet C-2
20. Shrubs and evergreens updated on Sheet L-1.1 and planting schedule sheet L-1.2.
21. Shrubs/ornamental grasses and planting schedule updated see additional notes sheet
L-1.1 and L-1.2.
22. Landscaping updated see additional notes and adjusted plant sheets L-1.1 and L-1.2.
23. See updated landscape plan sheet L-1.1.
24. See updated landscape plan sheet L-1.1.
25. See updated landscape plan sheet L-1.1.
26. See updated planting schedule sheet L-1.2.
27. See updated landscape plan sheet L-1.1.
28. See updated landscape plan sheet L-1.1 and schedule sheet L-1.2.
29. Acknowledged and noted.
30. Confirmed. Both fixtures used here have flat lenses and zero uplight (information is
highlighted on the attached cut sheets).
31. Confirmed. The filter mounting height includes and bases or other support. So the
maximum height we are showing is 25'. (The base height will be subtracted from the pole, a
shorter pole height will be ordered to add up to 25' total).
32. All Responses to Standards updated. (a) Revised accordingly; (b) Revised accordingly; (c)
Revised accordingly; (d) Revised accordingly. The Standards have been revised to reflect
review comments and included as the final part of the zoning application as an exhibit and
uploaded and included in the Submission Dropbox under Zoning Application.
33. See sheet A-5.1.
34. Corrected. See sheet T-1.0.
35. Signage has been removed from North elevation to meet code. See updated sheet A-3.1.
36. This notation is acknowledged.
37. The Sheet has been revised to mirror this note. Revised.
38. The stacking concern has been addressed in the traffic letter provided by KLOA.
39. The pavers have been replaced with bituminous pavement so as to accommodate potential
frequent and heavy truck traffic anticipation.
40. The private waterman has been moved to the north property. The proposed water service
has been revised to connect to the public water main on the west side of Wall Street.
41. Sheet C-6 has been revised to demonstrate garbage truck movements to be forward only.
42. No variations or exceptions are sought by the Applicant.
43. Comment not required prior to the granting of Conditional Use approval. Acknowledged
and understood.
44. Comment not required prior to the granting of Conditional Use approval. However, stop
sign and stop bar have been added at the exhibit onto Wall Street.
45. Comment not required prior to the granting of Conditional Use approval. To be provided in
Final Engineering.
46. Comment not required prior to the granting of Conditional Use approval. To be acquired
after final engineering plans are prepared.
47. A fire hydrant is proposed at the Southeast corner island adjacent to the building.
48. The Fire Truck Turning Exhibit was included as Sheet C-8.
49. This item will be addressed at permitting phase.
50. This item will be addressed at permitting phase.
51. This item will be addressed at permitting phase.
95
52. This item will be addressed at permitting phase.
53. This item will be addressed at permitting phase.
Respectfully Submitted,
ACan M3aco6
Alan M Jacob
General Counsel
CWPD
96
Additional Questions and Answers
Hours of operation.
The proposed operating hours are 7:OOAM-9:OOPM during the summertime and
8:OOAM-8:OOPM during the winter time. During the weekends, the operating hours would
be 8:OOAM-7:OOPM on Saturday and 8:OOAM-5:OOPM on Sunday. Peak hours are typically
in the early evening during the weekdays and mid-morning on the weekends.
2. Confirmation that there are no fences proposed.
There are no fences proposed.
3. Total number of employees, number of employees per shift, and number of employees
during peak times.
A minimum of 3 employees would be present at the facility at all times with a maximum of
6 during peak hours.
4. Where will the underground storm water detention vault be located? It is not noted in the
plans. Provide a brief description of size, location, requirements, etc.
It is shown on Sheet C-5 "Underground Concrete Stormwater Vault" and the
required volumes calculated are shown on Sheet C-4 in the "Stormwater Data"
table.
5. Other locations of constructed Snap Wash facilities in nearby communities, as
well as other Snap Wash facilities that are in the pipeline.
There are no other Snap Wash facilities, however, our group has successfully built and
currently operate three locations: Voda in Orland Park, Illinois, Nova in Carol Stream,
Illinois and Squeaky G's in Bartlett, Illinois. We have other facilities currently zoned and
not yet constructed as we are in the permitting phase.
6. What is "car preparation" noted in Sheet C-6? There are 4 cars just north of the car wash
tunnel with this note.
The "car preparation" area is an area where clients can remove after -market items from
the vehicles such as antennas, hitches, etc or fold mirrors or otherwise prepare the vehicle
to move through the tunnel such as rolling up windows and closing sunroofs or replacing
the top of a convertible.
7. The site plan states there will be 26 vacuum stalls — does this mean 26 vacuums? Will there
be silencers on the vacuums? Is noise expected to be significant?
97
This was addressed in the response to the review letter. Additionally, we have provided
excerpts from two sound studies from other locations using the exact same unit vacuum
models.
98
MAYOR
Paul Wm. Hoefert
TRUSTEES
Agostino S. Filippone
Terri Gens
John J. Matuszak
Richard F. Rogers
Colleen E. Saccotelli
Michael A. Zadel
Village of Mount Prospect
50 S. Emerson Street, Mount Prospect, Illinois 60056
July 28, 2022
Natesan Murthy
6400 N. Northwest Highway Suite 4
Chicago, IL 60631
Via Email: Natsunitechnicloud.com
Re: PZ -17-22 / Conditional Use - Car Wash / 1791 Wall Street
Dear Mr. Murthy:
VILLAGE MANAGER
Michael J. Cassady
VILLAGE CLERK
Karen Agoranos
Phone: 847/392-6000
Fax: 847/392-6022
www.mountprospect.org
The Village of Mount Prospect has reviewed the documents submitted on July 21, 2022 requesting
conditional use approval and associated variations to operate a car wash at the subject property located at
1791 Wall Street, and provides the following review comments:
Planning and Zoning Division:
Recommended conditions of approval:
1. In lieu of not meeting foundation landscaping to the west, additional shrubbery shall be
added to the landscape islands to the west near the exit of the car wash that exceeds
code;
2. Development of the site in general conformance with the site prepared by Terra
Consulting Group, Ltd., bearing the latest revision date of 07-20-2022;
3. Development of the building in general conformance with the floor plans and
elevations prepared by Neri Architects dated 06/01/2022;
4. Compliance with all Development, Fire, Building, and other Village codes and
regulations;
5. Submittal of an irrigation plan;
6. Submittal of a landscape plan which complies with Village Code requirements;
7. Silencers/mufflers shall be placed on each of the vacuums;
8. All exterior lighting shall be full cutoff and pointed straight down;
9. The trash enclosure shall be constructed of masonry with a color matching/blending
gate that is minimum 6' in height;
10. Building materials shall be of the similar/same quality if the exact material specified in
the building elevations is not available;
11. Submittal of a preliminary and final building code analysis; and
12. Subject to IDOT and MWRD approval.
Building Division:
13. No new comments from the building department for the revised submittal. (Refer to the
review comments under the review letter dated July 13, 2022.)
99
Village of Mount Prospect I Page 2
Public Works Department:
Engineering/Public Works has no objections to the requested Conditional Use to construct a car wash at
1791 Wall Street. However, we noted the following:
14. The letter provided by KLOA states that "based on their experience with other car
washes, this amount of stacking exceeds the requirements for normal operations and
will also be adequate to accommodate its peak operations ..." No data was provided to
support this conclusion. However, the stacking provided exceeds that provided for the
Everclean Cal wash approved on Rand Road.
15. The garbage truck movement exhibit included on Sheet C-6 shows the truck traveling
counterclockwise into the clockwise circulation of the stacking lanes. However,
regardless of the direction of travel, the exhibit confirms that the garbage truck can
navigate the site traveling forward.
16. The plans include a stormwater management summary, and show the location of a
stormwater detention vault. We are comfortable that the stormwater management
codes will be met, even if the design needs minor revisions following a review of the
detailed calculations. This can be addressed prior to issuing the Building Permit.
17. No variations or exceptions from Village Codes are requested or approved.
In addition, the following comments must be addressed prior to submitting for a Building Permit, but
need not be addressed prior to granting Conditional Use approval.
18. Provide complete stormwater management report.
19. Permits will be required from the Illinois Department of Transportation for the storm
sewer connection proposed in the Algonquin Road ROW, and from the Metropolitan
Water Reclamation District of Greater Chicago (MWRD) for all sanitary and
stormwater management improvements.
Fire Department:
The petitioner is advised of the following conditional approval comments from the Fire Department:
20. Additional fire hydrants may be required for this project. Hydrants shall be provided
around the perimeter of the building at a maximum of three hundred feet (300') spacing
measured along access roads. Such hydrants shall be installed not more than fifty feet
(50') nor less than twenty-five feet (25') from the building. Fire hydrants will be
required within three hundred feet (300') (spacing) around the entire building. An
additional fire hydrant will be required for the driveway area south side.
21. An emergency vehicle apparatus turning plan will be required prior to the approval of
the site layout.
The petitioner is advised that the following items must be included in the building/site plans submittal:
22. A fire sprinkler system in accordance with NFPA 13 will be required for this project
for all buildings. Ensure fire sprinkler shop drawings, hydraulic calculations, and
equipment cut sheets are submitted for review.
Village of Mount Prospect Fire Prevention Code, 24.20
23. A fire alarm system will be required for this project. Ensure fire alarm shop drawings
with point-to-point wiring diagrams, battery load calculations, and equipment cut
sheets are submitted for review.
100
Village of Mount Prospect I Page 3
24. A minimum of three feet (3') clear space shall be maintained around the circumference
of any new or existing fire hydrant, fire department connection, fire protection control
valve, or any other fire protection system component.
25. An egress plan must be provided for the space. This plan must include occupant loads,
travel distances, egress widths, and common path of travel distances. An egress plan
will be required when the building plans are submitted for review. Additional exits may
be required.
26. All egress doors are to use keyless locksets on the egress side. No flush bolts, dead or
draw bolts, etc. will be allowed.
Life Safety Code, 7.2.1.5.1
Please make the changes as noted above and submit the revised drawings and a point -by -point
response letter. You may e-mail the digital copy. Feel free to contact me at (847) 818-5314 /
achoiLa)mountprospect.org if you have any questions.
Sincerely,
Ann Choi
Development Planner
101
Appendix D
SoundPLAN Inputs/Outputs
102
2601-2701 Ogden Ave Lisle IL 9
Contribution level - 2-OutdoorSP
Source
Source group
Source ty
Tr. lane
Leq,d
dB(A)
A
dB
Receiver Rec 1 FI G U,lim d6(A) Legnd 52,6 dB(A)
igma(Leq,d)
0;0`dB(R)
Vac 1
Default industrial noise
Point
42.7
0.0
Vac 2
Default industrial noise
Point
40.8
0.0
Vac 3
Default industrial noise
Point
40.0
0.0
Vac 4
Default industrial noise
Point
39.3
0.0
Vac 5
Default industrial noise
Point
38.6
0.0
Vac 6
Default industrial noise
Point
37.9
0.0
Vac 7
Default industrial noise
Point
33.9
0.0
Vac 8
Default industrial noise
Point
33.1
0.0
Vac 9
Default industrial noise
Point
32.2
0.0
Vac 10
Default industrial noise
Point
31.6
0.0
Vac 11
Default industrial noise
Point
30.5
0.0
Vac 12
Default industrial noise
Point
29.5
0.0
Vac 13
Default industrial noise
Point
29.1
0.0
Vac 14
Default industrial noise
Point
37.7
0.0
Vac 15
Default industrial noise
Point
37.1
0.0
Vac 16
Default industrial noise
Point
36.6
0.0
Vac 17
Default industrial noise
Point
35.9
0.0
Vac 18
Default industrial noise
Point
35.4
0.0
Vac 19
Default industrial noise
Point
34.9
0.0
Vac 20
Default industrial noise
Point
34.4
0.0
Vac 21
Default industrial noise
Point
33.9
0.0
Vac 22
Default industrial noise
Point
33.5
0.0
Vac 23
Default industrial noise
Point
33.1
0.0
Car Wash
Default industrial noise
Area
-6.5
0.0
Tunnel -Lined -Roof 01
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
-1.0
0.0
area 05
Car Wash
Default industrial noise
Area
-3.7
0.0
Tun nel_Lined-Facade 01
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
1.6
0.0
area 03
Car Wash
Default industrial noise
Area
-24.7
0.0
Tun nel_Lined-Facade 02
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
15.7
0.0
area 01
Car Wash
Default industrial noise
Area
-1.0
0.0
Tun nel_Lined-Facade 03
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
3.0
0.0
area 03
Car Wash
Tunnel Lined -Facade 04
Default industrial noise
Area
7.8
0.0
MD Acoustics LLC 4960 S. Gilbert Rd Chandler, AZ 85249 Phone: 602 774 1950 1
SoundPLAN 8.2
103
2601-2701 Ogden Ave Lisle IL 9
Contribution level - 2-OutdoorSP
Source
Source group
Source ty
Tr. lane
Leq,d
A
dB(A)
dB
Car Wash
Tun nel_Lined-Transmissive
Default industrial noise
Area
48.8
0.0
area 02
Receiver Rec 2 Ff G Lr,lim, d6(A) Leq„d 48,86 dB(A) Sigma(Leq,d)
0.0 d6(A)
Vac 1
Default industrial noise
Point
35.3
0.0
Vac 2
Default industrial noise
Point
35.5
0.0
Vac 3
Default industrial noise
Point
35.4
0.0
Vac 4
Default industrial noise
Point
35.2
0.0
Vac 5
Default industrial noise
Point
35.1
0.0
Vac 6
Default industrial noise
Point
34.9
0.0
Vac 7
Default industrial noise
Point
34.7
0.0
Vac 8
Default industrial noise
Point
34.5
0.0
Vac 9
Default industrial noise
Point
34.3
0.0
Vac 10
Default industrial noise
Point
34.1
0.0
Vac 11
Default industrial noise
Point
33.9
0.0
Vac 12
Default industrial noise
Point
33.7
0.0
Vac 13
Default industrial noise
Point
33.4
0.0
Vac 14
Default industrial noise
Point
36.2
0.0
Vac 15
Default industrial noise
Point
35.9
0.0
Vac 16
Default industrial noise
Point
35.6
0.0
Vac 17
Default industrial noise
Point
35.2
0.0
Vac 18
Default industrial noise
Point
34.9
0.0
Vac 19
Default industrial noise
Point
34.5
0.0
Vac 20
Default industrial noise
Point
34.1
0.0
Vac 21
Default industrial noise
Point
33.7
0.0
Vac 22
Default industrial noise
Point
33.3
0.0
Vac 23
Default industrial noise
Point
32.9
0.0
Car Wash
Default industrial noise
Area
-8.8
0.0
Tunnel -Lined -Roof 01
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
-10.7
0.0
area 05
Car Wash
Default industrial noise
Area
-16.2
0.0
Tun nel_Lined-Facade 01
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
-15.2
0.0
area 03
Car Wash
Default industrial noise
Area
-22.7
0.0
Tun nel_Lined-Facade 02
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
18.5
0.0
area 01
Car Wash
Default industrial noise
Area
-11.7
0.0
Tunnel Lined -Facade 03
MD Acoustics LLC 4960 S. Gilbert Rd Chandler, AZ 85249 Phone: 602 774 1950 2
SoundPLAN 8.2
104
2601-2701 Ogden Ave Lisle IL 9
Contribution level - 2-OutdoorSP
Source
Source group
Source ty
Tr. lane
Leq,d
A
dB(A)
dB
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
-7.6
0.0
area 03
Car Wash
Tun nel_Lined-Facade 04
Default industrial noise
Area
-4.3
0.0
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
36.6
0.0
area 02
Receiver Rec 8 FIG Lr,lim,
dB(A) Leq,d 49;6 dB(A) S1gma(L6q,d) 0.0 dB(A)
Vac 1
Default industrial noise
Point
33.8
0.0
Vac 2
Default industrial noise
Point
34.3
0.0
Vac 3
Default industrial noise
Point
34.5
0.0
Vac 4
Default industrial noise
Point
34.7
0.0
Vac 5
Default industrial noise
Point
34.9
0.0
Vac 6
Default industrial noise
Point
35.1
0.0
Vac 7
Default industrial noise
Point
35.3
0.0
Vac 8
Default industrial noise
Point
35.5
0.0
Vac 9
Default industrial noise
Point
35.6
0.0
Vac 10
Default industrial noise
Point
35.8
0.0
Vac 11
Default industrial noise
Point
35.9
0.0
Vac 12
Default industrial noise
Point
36.0
0.0
Vac 13
Default industrial noise
Point
36.0
0.0
Vac 14
Default industrial noise
Point
35.3
0.0
Vac 15
Default industrial noise
Point
35.6
0.0
Vac 16
Default industrial noise
Point
36.0
0.0
Vac 17
Default industrial noise
Point
36.4
0.0
Vac 18
Default industrial noise
Point
36.7
0.0
Vac 19
Default industrial noise
Point
37.0
0.0
Vac 20
Default industrial noise
Point
37.2
0.0
Vac 21
Default industrial noise
Point
37.3
0.0
Vac 22
Default industrial noise
Point
37.5
0.0
Vac 23
Default industrial noise
Point
37.0
0.0
Car Wash
Default industrial noise
Area
-8.2
0.0
Tunnel -Lined -Roof 01
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
-12.1
0.0
area 05
Car Wash
Default industrial noise
Area
-15.2
0.0
Tun nel_Lined-Facade 01
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
-19.7
0.0
area 03
Car Wash
Tunnel Lined -Facade 02
Default industrial noise
Area
-11.3
0.0
MD Acoustics LLC 4960 S. Gilbert Rd Chandler, AZ 85249 Phone: 602 774 1950 3
SoundPLAN 8.2
105
2601-2701 Ogden Ave Lisle IL 9
Contribution level - 2-OutdoorSP
Source
Source group
Source ty
Tr. lane
Leq,d
A
dB(A)
dB
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
32.6
0.0
area 01
Car Wash
Tun nel_Lined-Facade 03
Default industrial noise
Area
-9.9
0.0
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
-13.8
0.0
area 03
Car Wash
Default industrial noise
Area
-15.3
0.0
Tun nel_Lined-Facade 04
Car Wash
Tun nel_Lined-Transmissive
Default industrial noise
Area
22.6
0.0
area 02
Receiver Rec 4 'FIG Lr,lim,
dB(A) L64,d 47,7 dB(Aj Slgma(Leq,d)
O.O dB(A)
Vac 1
Default industrial noise
Point
25.6
0.0
Vac 2
Default industrial noise
Point
26.8
0.0
Vac 3
Default industrial noise
Point
27.4
0.0
Vac 4
Default industrial noise
Point
28.0
0.0
Vac 5
Default industrial noise
Point
32.3
0.0
Vac 6
Default industrial noise
Point
32.7
0.0
Vac 7
Default industrial noise
Point
33.3
0.0
Vac 8
Default industrial noise
Point
34.0
0.0
Vac 9
Default industrial noise
Point
34.4
0.0
Vac 10
Default industrial noise
Point
34.9
0.0
Vac 11
Default industrial noise
Point
35.4
0.0
Vac 12
Default industrial noise
Point
35.9
0.0
Vac 13
Default industrial noise
Point
36.5
0.0
Vac 14
Default industrial noise
Point
31.4
0.0
Vac 15
Default industrial noise
Point
31.9
0.0
Vac 16
Default industrial noise
Point
32.4
0.0
Vac 17
Default industrial noise
Point
32.8
0.0
Vac 18
Default industrial noise
Point
33.3
0.0
Vac 19
Default industrial noise
Point
34.1
0.0
Vac 20
Default industrial noise
Point
34.5
0.0
Vac 21
Default industrial noise
Point
35.1
0.0
Vac 22
Default industrial noise
Point
35.5
0.0
Vac 23
Default industrial noise
Point
36.1
0.0
Car Wash
Default industrial noise
Area
-6.9
0.0
Tunnel -Lined -Roof 01
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
-14.6
0.0
area 05
Car Wash
Tunnel Lined -Facade 01
Default industrial noise
Area
-3.7
0.0
MD Acoustics LLC 4960 S. Gilbert Rd Chandler, AZ 85249 Phone: 602 774 1950 4
SoundPLAN 8.2
106
2601-2701 Ogden Ave Lisle IL 9
Contribution level - 2-OutdoorSP
Source
Source group
Source ty
Tr. lane
Leq,d
A
dB(A)
dB
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
-10.5
0.0
area 03
Car Wash
Tun nel_Lined-Facade 02
Default industrial noise
Area
-6.0
0.0
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
37.9
0.0
area 01
Car Wash
Default industrial noise
Area
-4.3
0.0
Tun nel_Lined-Facade 03
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
-11.8
0.0
area 03
Car Wash
Default industrial noise
Area
-20.0
0.0
Tun nel_Lined-Facade 04
Car Wash
Tun nel_Lined-Transmissive
Default industrial noise
Area
17.3
0.0
area 02
f ecelver Rec 5 FI G Lr,lirh
dB(A) Ldq„d 44.7 dB(A) igma(Leq,d) 0.0 dB(A)
Vac 1
Default industrial noise
Point
35.9
0.0
Vac 2
Default industrial noise
Point
23.3
0.0
Vac 3
Default industrial noise
Point
21.0
0.0
Vac 4
Default industrial noise
Point
19.8
0.0
Vac 5
Default industrial noise
Point
19.1
0.0
Vac 6
Default industrial noise
Point
18.6
0.0
Vac 7
Default industrial noise
Point
18.2
0.0
Vac 8
Default industrial noise
Point
17.9
0.0
Vac 9
Default industrial noise
Point
17.6
0.0
Vac 10
Default industrial noise
Point
17.6
0.0
Vac 11
Default industrial noise
Point
17.5
0.0
Vac 12
Default industrial noise
Point
17.2
0.0
Vac 13
Default industrial noise
Point
17.2
0.0
Vac 14
Default industrial noise
Point
22.9
0.0
Vac 15
Default industrial noise
Point
21.1
0.0
Vac 16
Default industrial noise
Point
19.8
0.0
Vac 17
Default industrial noise
Point
19.1
0.0
Vac 18
Default industrial noise
Point
18.6
0.0
Vac 19
Default industrial noise
Point
18.4
0.0
Vac 20
Default industrial noise
Point
18.2
0.0
Vac 21
Default industrial noise
Point
18.0
0.0
Vac 22
Default industrial noise
Point
18.3
0.0
Vac 23
Default industrial noise
Point
18.1
0.0
Car Wash
Tunnel -Lined -Roof 01
Default industrial noise
Area
-4.5
0.0
MD Acoustics LLC 4960 S. Gilbert Rd Chandler, AZ 85249 Phone: 602 774 1950 5
SoundPLAN 8.2
107
2601-2701 Ogden Ave Lisle IL 9
Contribution level - 2-OutdoorSP
Source
Source group
Source ty
Tr. lane
Leq,d
A
dB(A)
dB
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
-4.5
0.0
area 05
Car Wash
Tun nel_Lined-Facade 01
Default industrial noise
Area
3.0
0.0
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
3.8
0.0
area 03
Car Wash
Default industrial noise
Area
-20.7
0.0
Tun nel_Lined-Facade 02
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
19.5
0.0
area 01
Car Wash
Default industrial noise
Area
-11.8
0.0
Tun nel_Lined-Facade 03
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
-8.4
0.0
area 03
Car Wash
Default industrial noise
Area
2.8
0.0
Tun nel_Lined-Facade 04
Car Wash
Tun nel_Lined-Transmissive
Default industrial noise
Area
43.7
0.0
area 02
Receiver ke' c 6 FI G' Lr,lim,
dB(A) Leq,d 41.8 dB(A)
Sigma(Leq,d)
0.0 dB(A)
Vac 1
Default industrial noise
Point
15.7
0.0
Vac 2
Default industrial noise
Point
15.8
0.0
Vac 3
Default industrial noise
Point
17.7
0.0
Vac 4
Default industrial noise
Point
17.9
0.0
Vac 5
Default industrial noise
Point
18.2
0.0
Vac 6
Default industrial noise
Point
18.4
0.0
Vac 7
Default industrial noise
Point
18.7
0.0
Vac 8
Default industrial noise
Point
19.0
0.0
Vac 9
Default industrial noise
Point
19.4
0.0
Vac 10
Default industrial noise
Point
19.7
0.0
Vac 11
Default industrial noise
Point
20.7
0.0
Vac 12
Default industrial noise
Point
21.8
0.0
Vac 13
Default industrial noise
Point
24.3
0.0
Vac 14
Default industrial noise
Point
23.1
0.0
Vac 15
Default industrial noise
Point
23.2
0.0
Vac 16
Default industrial noise
Point
23.0
0.0
Vac 17
Default industrial noise
Point
23.0
0.0
Vac 18
Default industrial noise
Point
23.1
0.0
Vac 19
Default industrial noise
Point
23.4
0.0
Vac 20
Default industrial noise
Point
21.8
0.0
Vac 21
Default industrial noise
Point
24.5
0.0
Vac 22
Default industrial noise
Point
1
1 27.7
1 0.0
MD Acoustics LLC 4960 S. Gilbert Rd Chandler, AZ 85249 Phone: 602 774 1950 6
SoundPLAN 8.2
108
2601-2701 Ogden Ave Lisle IL 9
Contribution level - 2-OutdoorSP
Source
Source group
Source ty
Tr. lane
Leq,d
A
dB(A)
dB
Vac 23
Default industrial noise
Point
33.7
0.0
Car Wash
Default industrial noise
Area
-3.1
0.0
Tunnel -Lined -Roof 01
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
-8.9
0.0
area 05
Car Wash
Default industrial noise
Area
4.8
0.0
Tun nel_Lined-Facade 01
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
-1.4
0.0
area 03
Car Wash
Tun nel_Lined-Facade 02
Default industrial noise
Area
-4.3
0.0
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
39.6
0.0
area 01
Car Wash
Default industrial noise
Area
-9.9
0.0
Tun nel_Lined-Facade 03
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
-16.9
0.0
area 03
Car Wash
Default industrial noise
Area
-12.8
0.0
Tun nel_Lined-Facade 04
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
24.2
0.0
area 02
Receiver, Rec 6 FIG Lr~,lim
d6(A) Leo„d 42.7 dB(A) igma(Leq;d)
0.0dB(A)'
Vac 1
Default industrial noise
Point
34.9
0.0
Vac 2
Default industrial noise
Point
25.0
0.0
Vac 3
Default industrial noise
Point
21.5
0.0
Vac 4
Default industrial noise
Point
19.7
0.0
Vac 5
Default industrial noise
Point
18.7
0.0
Vac 6
Default industrial noise
Point
18.0
0.0
Vac 7
Default industrial noise
Point
17.6
0.0
Vac 8
Default industrial noise
Point
17.2
0.0
Vac 9
Default industrial noise
Point
16.9
0.0
Vac 10
Default industrial noise
Point
16.7
0.0
Vac 11
Default industrial noise
Point
16.7
0.0
Vac 12
Default industrial noise
Point
16.6
0.0
Vac 13
Default industrial noise
Point
16.5
0.0
Vac 14
Default industrial noise
Point
27.3
0.0
Vac 15
Default industrial noise
Point
23.8
0.0
Vac 16
Default industrial noise
Point
21.2
0.0
Vac 17
Default industrial noise
Point
19.6
0.0
Vac 18
Default industrial noise
Point
18.7
0.0
Vac 19
Default industrial noise
Point
1
1 18.1
1 0.0
MD Acoustics LLC 4960 S. Gilbert Rd Chandler, AZ 85249 Phone: 602 774 1950 7
SoundPLAN 8.2
109
2601-2701 Ogden Ave Lisle IL 9
Contribution level - 2-OutdoorSP
Source
Source group
Source ty
Tr. lane
Leq,d
dB(A)
A
dB
Vac 20
Default industrial noise
Point
17.7
0.0
Vac 21
Default industrial noise
Point
17.7
0.0
Vac 22
Default industrial noise
Point
18.3
0.0
Vac 23
Default industrial noise
Point
18.0
0.0
Car Wash
Default industrial noise
Area
-6.5
0.0
Tunnel—Lined-Roof 01
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
-6.8
0.0
area 05
Car Wash
Default industrial noise
Area
0.7
0.0
Tun nel_Lined-Facade 01
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
1.0
0.0
area 03
Car Wash
Default industrial noise
Area
-22.6
0.0
Tun nel_Lined-Facade 02
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
17.7
0.0
area 01
Car Wash
Default industrial noise
Area
-13.3
0.0
Tun nel_Lined-Facade 03
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
-9.6
0.0
area 03
Car Wash
Default industrial noise
Area
0.1
0.0
Tun nel_Lined-Facade 04
Car Wash
Tunnel Lined -Transmissive
Default industrial noise
Area
41.2
0.0
area 02
MD Acoustics LLC 4960 S. Gilbert Rd Chandler, AZ 85249 Phone: 602 774 1950 8
SoundPLAN 8.2
110
2601-2701 Ogden Ave Lisle IL
Contribution s e tr - 2-OutdoorSP
Source
Time
Sum63H
125H
250H
500H
1 H
2 H
4 H
8 H
16 H
slice
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
Receiver Rec 1 FI Q ' Lr,lim dB(A),,
Leq,d 52.6
4B(A);
Sigma(Leq,d)
0.0'd6(A)
Car Wash Tunnel -Facade
-Lined
Leq,d
-3.7
-6.3
-7.5
-16.9
01
Car Wash Tunnel -Lined -Facade
Leq,d
-24.8
-26.9
-29.1
02
Car Wash Tunnel -Lined -Facade
Leq,d
-1.0
-4.3
-4.2
-13.6
03
Car Wash Tunnel -Lined -Facade
Leq,d
7.8
2.3
5.9
-3.4
-14.8
-21.4
04
Car Wash Tunnel -Lined -Roof 01
Leq,d
-6.5
-10.0
-9.5
-19.6
Car Wash
Tunnel -Lined -Transmissive area
Leq,d
15.7
12.3
11.9
6.6
-3.4
-6.5
-17.7
01
Car Wash
Tunnel -Lined -Transmissive area
Leq,d
48.8
39.4
45.8
42.1
38.0
37.2
27.7
02
Car Wash
Tun nel_Lined-Transmissive area
Leq,d
1.6
-3.9
-0.6
-7.6
-21.6
-28.1
03
Car Wash
Tun nel_Lined-Transmissive area
Leq,d
3.0
-2.9
0.8
-5.7
-19.0
-24.7
03
Car Wash
Tun nel_Lined-Transmissive area
Leq,d
-1.0
-6.9
-3.0
-10.3
-26.2
05
Vac 1
Leq,d
42.7
23.9
30.7
37.6
34.6
33.4
35.2
34.0
27.6
14.6
Vac 2
Leq,d
40.8
22.0
28.7
35.8
32.7
31.6
33.3
32.0
25.2
11.1
Vac 3
Leq,d
40.0
21.2
27.9
35.0
32.0
30.8
32.6
31.2
24.1
9.6
Vac 4
Leq,d
39.3
20.4
27.1
34.2
31.2
30.1
31.9
30.4
23.2
8.1
Vac 5
Leq,d
38.6
19.6
26.4
33.5
30.5
29.4
31.2
29.6
22.2
6.5
Vac 6
Leq,d
37.9
18.9
25.6
32.8
29.9
28.8
30.5
28.9
21.2
5.0
Vac 7
Leq,d
33.9
15.0
21.2
28.9
26.1
25.2
26.7
24.5
15.4
-3.7
Vac 8
Leq,d
33.1
14.4
20.5
28.3
25.3
24.4
25.7
23.1
13.3
-7.9
Vac 9
Leq,d
32.2
13.7
19.7
27.5
24.5
23.5
24.8
22.2
11.9
-10.6
Vac 10
Leq,d
31.6
13.1
19.0
26.9
23.9
23.0
24.2
21.6
11.1
-12.3
Vac 11
Leq,d
30.5
12.5
18.2
24.6
23.2
22.4
23.7
21.1
10.4
-13.9
Vac 12
Leq,d
29.5
12.0
17.6
23.9
22.8
20.7
22.2
19.6
9.1
-15.2
Vac 13
Leq,d
29.1
11.5
17.0
23.3
22.4
20.3
21.8
19.2
8.5
-16.4
Vac 14
Leq,d
37.7
18.8
25.5
32.8
29.8
28.4
30.1
28.5
21.0
4.7
Vac 15
Leq,d
37.1
18.2
24.9
32.2
29.3
27.9
29.5
27.9
20.2
3.4
Vac 16
Leq,d
36.6
17.5
24.3
31.6
28.7
27.7
29.2
27.5
19.4
2.0
Vac 17
Leq,d
35.9
16.9
23.7
30.5
28.2
27.2
28.7
26.9
18.6
0.5
Vac 18
Leq,d
35.4
16.4
23.1
30.0
27.7
26.7
28.2
26.3
17.8
-0.8
Vac 19
Leq,d
34.9
15.8
22.6
29.4
27.2
26.2
27.7
25.7
17.0
-2.3
Vac 20
Leq,d
34.4
15.3
22.1
29.0
26.8
25.8
27.3
25.2
16.3
-3.6
Vac 21
Leq,d
33.9
14.9
21.6
28.5
26.3
25.4
26.9
24.7
15.5
-5.0
Vac 22
Leq,d
33.5
14.4
21.1
28.0
25.9
25.0
26.4
24.2
14.8
-6.3
Vac 23
1 Leq,d
1 33.1
1 13.91
20.6
1 27.6
1 25.5
1 24.61
26.01
23.7
1 14.1
1 -7.7
Receiver Rec 2 FI Q ' Lr,lim dB(A),,
Leq,d 48.6
dB(A),,
Sigma(Leq,d)
6,Q dB(A)
Car Wash Tunnel -Facade
-Lined
Leq,d -16.3 -18.2 -20.9
01
Car Wash Tunnel -Lined -Facade Leq,d -22.8 -25.1 -26.7
02
Car Wash Tunnel -Lined -Facade Leq,d -11.7 -14.6 -15.3 -24.9
03
MD Acoustics LLC 4960 S. Gilbert Rd Chandler, AZ 85249 Phone: 602 774 1950 1
SoundPLAN 8.2 1
2601-2701 Ogden Ave Lisle IL
Contribution s e tr - 2-OutdoorSP
Source
Time
Sum
63H
125H
250H
500H
1 H
2 H
4 H
8 H
16 H
slice
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
Car Wash Tunnel -Facade
-Lined
04
Leq,d
-4.3
-9.7
-6.3
-15.6
-26.7
Car Wash Tunnel -Lined -Roof 01
Leq,d
-8.8
-13.1
-11.3
-20.3
Car Wash
Tun nel_Lined-Transmissive area
Leq,d
18.5
14.9
14.9
8.2
-3.8
3.1
-11.5
01
Car Wash
Tunnel -Lined -Transmissive area
Leq,d
36.6
27.2
33.6
29.8
26.3
25.1
14.3
02
Car Wash
Tunnel -Lined -Transmissive area
Leq,d
-15.3
-19.4
-17.9
-27.3
03
Car Wash
Tunnel _Lined -Transmissive area
Leq,d
-7.6
-13.4
-9.8
-16.5
-29.5
03
Car Wash
Tunnel _Lined -Transmissive area
Leq,d
-10.8
-17.1
-12.7
-19.5
05
Vac 1
Leq,d
35.3
15.9
23.9
30.7
27.4
26.0
27.5
25.7
17.2
-1.9
Vac 2
Leq,d
35.5
15.7
24.0
30.9
27.6
26.2
27.7
25.9
17.4
-1.9
Vac 3
Leq,d
35.4
15.6
23.9
30.8
27.5
26.0
27.6
25.7
17.2
-2.3
Vac 4
Leq,d
35.2
15.4
23.7
30.6
27.3
25.9
27.4
25.5
16.9
-2.7
Vac 5
Leq,d
35.1
15.2
23.6
30.5
27.2
25.7
27.3
25.4
16.7
-3.1
Vac 6
Leq,d
34.9
15.0
23.4
30.3
27.0
25.6
27.1
25.1
16.4
-3.7
Vac 7
Leq,d
34.7
14.8
23.2
30.1
26.8
25.4
26.9
24.9
16.1
-4.2
Vac 8
Leq,d
34.5
14.6
23.0
29.9
26.6
25.2
26.7
24.7
15.8
-4.8
Vac 9
Leq,d
34.3
14.4
22.8
29.8
26.4
25.0
26.5
24.4
15.4
-5.4
Vac 10
Leq,d
34.1
14.2
22.6
29.6
26.2
24.8
26.3
24.2
15.1
-6.0
Vac 11
Leq,d
33.9
13.9
22.4
29.4
26.0
24.6
26.0
23.9
14.7
-6.8
Vac 12
Leq,d
33.7
13.7
22.2
29.2
25.8
24.4
25.8
23.7
14.4
-7.4
Vac 13
Leq,d
33.4
13.4
21.5
29.0
25.6
24.2
25.6
23.4
14.0
-8.1
Vac 14
Leq,d
36.2
17.5
24.2
31.0
28.5
27.1
28.7
27.0
19.1
1.7
Vac 15
Leq,d
35.9
17.2
23.9
30.8
28.3
26.9
28.4
26.7
18.7
1.0
Vac 16
Leq,d
35.6
16.8
23.5
30.4
28.0
26.5
28.1
26.3
18.2
0.1
Vac 17
Leq,d
35.2
16.5
23.2
30.1
27.7
26.3
27.8
26.0
17.7
-0.7
Vac 18
Leq,d
34.9
16.1
22.8
29.7
27.4
25.9
27.5
25.6
17.1
-1.7
Vac 19
Leq,d
34.5
15.7
22.4
29.3
27.0
25.6
27.1
25.2
16.5
-2.8
Vac 20
Leq,d
34.1
15.3
22.0
28.9
26.7
25.2
26.7
24.8
16.0
-3.8
Vac 21
Leq,d
33.7
14.9
21.6
28.5
26.4
24.9
26.4
24.3
15.4
-4.9
Vac 22
Leq,d
33.3
14.5
21.2
27.8
26.1
24.6
26.1
24.0
14.9
-5.9
Vac 23
1 Leq,d
1 32.9
1 14.1
1 20.8
1 27.4
1 25.7
1 24.31
25.71
23.5
1 14.2
1 -7.1
Recelver Rec 3 FI G Lr,Um dB(A).,
Lead 49.6
dB(A),,
Sisgma(Leq,d)
0.0 db(A)
Car Wash Tunnel -Facade
-Lined
Leq,d
-15.3
-17.2
-19.7
01
Car Wash Tunnel -Facade
-Lined
02
Leq,d
-11.3
-15.1
-14.1
-22.9
Car Wash Tunnel -Facade
-Lined
03
Leq,d
-9.9
-13.0
-13.4
-22.7
Car Wash Tunnel -Facade
-Lined
04
Leq,d
-15.4
-18.9
-18.0
Car Wash Tunnel -Lined -Roof 01
Leq,d
-8.2
-12.5
-10.7
-19.7
Car Wash
Tunnel _Lined -Transmissive area
Leq,d
32.6
26.3
29.2
26.4
18.0
16.0
5.7
01
Car Wash
Tunnel _Lined -Transmissive area
Leq,d
22.6
16.9
20.4
12.7
5.0
1.4
-10.9
02
MD Acoustics LLC 4960 S. Gilbert Rd Chandler, AZ 85249 Phone: 602 774 1950 2
SoundPLAN 8.2 1
12
2601-2701 Ogden Ave Lisle IL
Contribution s e tr - 2-OutdoorSP
Source
Time
Sum
63H
125H
250H
500H
1 H
2 H
4 H
8 H
16 H
slice
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
Car Wash
Tun nel_Lined-Transmissive area
Leq,d
-19.9
-23.1
-22.7
03
Car Wash
Tun nel_Lined-Transmissive area
Leq,d
-13.8
-18.7
-16.2
-23.9
03
Car Wash
Tun nel_Lined-Transmissive area
Leq,d
-12.2
-18.5
-14.1
-20.9
05
Vac 1
Leq,d
33.8
13.9
22.4
29.3
26.0
24.5
26.0
23.9
14.7
-6.9
Vac 2
Leq,d
34.3
14.4
22.8
29.8
26.4
25.0
26.5
24.4
15.4
-5.4
Vac 3
Leq,d
34.5
14.6
23.0
30.0
26.6
25.2
26.7
24.7
15.8
-4.8
Vac 4
Leq,d
34.7
14.8
23.2
30.2
26.8
25.4
26.9
24.9
16.1
-4.2
Vac 5
Leq,d
34.9
15.1
23.4
30.4
27.1
25.6
27.1
25.2
16.5
-3.5
Vac 6
Leq,d
35.1
15.3
23.7
30.6
27.3
25.8
27.3
25.4
16.8
-2.9
Vac 7
Leq,d
35.3
15.5
23.8
30.7
27.4
26.0
27.5
25.7
17.1
-2.4
Vac 8
Leq,d
35.5
15.7
24.0
30.9
27.6
26.2
27.7
25.9
17.4
-1.9
Vac 9
Leq,d
35.6
15.8
24.1
31.1
27.7
26.3
27.9
26.0
17.6
-1.5
Vac 10
Leq,d
35.8
16.0
24.3
31.2
27.9
26.4
28.0
26.2
17.8
-1.2
Vac 11
Leq,d
35.9
16.1
24.4
31.3
28.0
26.6
28.1
26.3
18.0
-0.9
Vac 12
Leq,d
36.0
16.2
24.5
31.4
28.1
26.6
28.2
26.4
18.1
-0.7
Vac 13
Leq,d
36.0
16.2
24.5
31.4
28.1
26.7
28.2
26.5
18.2
-0.5
Vac 14
Leq,d
35.3
16.5
23.2
30.1
27.7
26.3
27.8
26.0
17.7
-0.7
Vac 15
Leq,d
35.6
16.9
23.6
30.5
28.0
26.6
28.2
26.4
18.3
0.3
Vac 16
Leq,d
36.0
17.3
24.0
30.8
28.4
27.0
28.5
26.8
18.8
1.2
Vac 17
Leq,d
36.4
17.7
24.4
31.2
28.7
27.3
28.9
27.2
19.4
2.2
Vac 18
Leq,d
36.7
18.0
24.7
31.6
29.0
27.6
29.2
27.6
19.8
3.0
Vac 19
Leq,d
37.0
18.3
25.1
31.9
29.3
27.9
29.5
27.9
20.2
3.7
Vac 20
Leq,d
37.2
18.5
25.3
32.1
29.5
28.0
29.7
28.1
20.5
4.1
Vac 21
Leq,d
37.3
18.7
25.4
32.2
29.6
28.2
29.8
28.3
20.7
4.5
Vac 22
Leq,d
37.5
18.9
25.6
32.4
29.7
28.3
30.0
28.4
21.0
4.9
Vac 23
Leq,d
37.0
18.9
25.6
32.2
29.0
27.6
29.3
27.9
20.6
4.8
Receiver Red FIG Lr,lim dB(A) Leq,d 47.7
dB(A)
Sig' ma(Leq,d)
0.0 dB(A)
Car Wash Tunnel -Lined -Facade
Leq,d
-3.7
-7.0
-6.9
-16.1
01
Car Wash Tunnel -Lined -Facade
Leq,d
-6.0
-9.8
-8.8
-17.6
02
Car Wash Tunnel -Lined -Facade
Leq,d
4.3
7.5
7.7
17.3
03
Car Wash Tunnel -Lined -Facade
Leq,d
-20.1
-23.3
-23.0
04
Car Wash Tunnel -Lined -Roof 01
Leq,d
-6.9
-10.9
-9.6
-19.5
Car Wash
Tunnel _Lined -Transmissive area
Leq,d
37.9
31.6
34.6
31.8
23.6
21.8
12.0
01
Car Wash
Tunnel _Lined -Transmissive area
Leq,d
17.3
11.6
14.6
8.3
2.7
1.1
-10.9
02
Car Wash
Tunnel _Lined -Transmissive area
Leq,d
-10.5
-16.1
-12.7
-19.9
03
Car Wash
Tunnel _Lined -Transmissive area
Leq,d
-11.8
-16.9
-14.0
-22.0
03
Car Wash
Tun nel_Lined-Transmissive area
Leq,d
-14.6
-20.0
-16.7
-25.1
05
MD Acoustics LLC 4960 S. Gilbert Rd Chandler, AZ 85249 Phone: 602 774 1950 3
SoundPLAN 8.2 1
13
2601-2701 Ogden Ave Lisle IL
Contribution s e tr - 2-OutdoorSP
Source
Time
Sum
63H
125H
250H
500H
1 H
2 H
4 H
8 H
16 H
slice
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
Vac 1
Leq,d
25.6
9.8
15.6
21.3
16.7
16.4
18.3
13.3
-1.2
-28.2
Vac 2
Leq,d
26.8
10.3
16.4
22.4
18.3
17.8
19.6
15.3
2.8
-22.0
Vac 3
Leq,d
27.4
10.6
16.8
22.8
18.9
18.4
20.3
16.4
4.7
-18.9
Vac 4
Leq,d
28.0
11.0
17.2
23.3
19.5
19.1
21.0
17.6
7.0
-15.3
Vac 5
Leq,d
32.3
14.2
20.9
27.5
24.2
23.3
25.0
22.7
13.5
-7.1
Vac 6
Leq,d
32.7
14.6
21.4
27.9
24.7
23.6
25.3
23.1
14.2
-5.9
Vac 7
Leq,d
33.3
15.0
21.8
28.4
25.1
24.4
26.1
23.9
14.9
-4.7
Vac 8
Leq,d
34.0
15.5
22.2
28.8
25.5
25.4
26.9
24.7
15.7
-3.5
Vac 9
Leq,d
34.4
15.9
22.7
29.3
26.0
25.8
27.2
25.1
16.4
-2.2
Vac 10
Leq,d
34.9
16.4
23.2
29.8
26.5
26.2
27.6
25.6
17.2
-1.0
Vac 11
Leq,d
35.4
17.0
23.7
30.3
27.1
26.7
28.1
26.2
18.0
0.4
Vac 12
Leq,d
35.9
17.5
24.2
30.8
27.6
27.1
28.6
26.8
18.7
1.7
Vac 13
Leq,d
36.5
18.1
24.8
31.4
28.1
27.6
29.1
27.4
19.6
3.0
Vac 14
Leq,d
31.4
13.3
20.0
26.6
23.3
22.3
24.0
21.6
12.0
-9.9
Vac 15
Leq,d
31.9
13.7
20.4
27.0
23.7
23.0
24.8
22.3
12.7
-8.7
Vac 16
Leq,d
32.4
14.1
20.9
27.5
24.2
23.4
25.2
22.8
13.5
-7.3
Vac 17
Leq,d
32.8
14.6
21.3
27.9
24.6
23.8
25.6
23.3
14.2
-6.1
Vac 18
Leq,d
33.3
15.0
21.8
28.4
25.1
24.5
26.0
23.8
14.9
-4.7
Vac 19
Leq,d
34.1
15.5
22.3
28.9
25.7
25.6
27.0
24.8
15.9
-3.3
Vac 20
Leq,d
34.5
16.1
22.8
29.4
26.2
25.9
27.4
25.3
16.6
-2.0
Vac 21
Leq,d
35.1
16.6
23.3
29.9
26.7
26.4
27.8
25.8
17.4
-0.6
Vac 22
Leq,d
35.5
17.1
23.8
30.4
27.2
26.6
28.1
26.2
18.1
0.7
Vac 23
1 Leq,d
1 36.1
1 17.71
24.4
1 31.0
1 27.8
1 27.1
1 28.61
26.9
1 19.0
1 2.1
Receiver Rec 5 Fl G Lr,lim dB(A),, Leq,d 44.7,
dB(A); Sigma(Leq,d)
0,6 dB(A)
Car Wash Tunnel -Facade
-Lined
01
Leq,d
3.0
0.6
0.0
8.1
25.5
Car Wash Tunnel -Lined -Facade
Leq,d
-20.8
-23.2
-24.6
02
Car Wash Tunnel -Lined -Facade
Leq,d
-11.8
-13.7
-16.5
-28.4
03
Car Wash Tunnel -Lined -Facade
Leq,d
2.8
2.7
0.8
8.0
19.5
26.2
04
Car Wash Tunnel -Lined -Roof 01
Leq,d
-4.5
-8.7
-7.2
-15.8
Car Wash
Tunnel _Lined -Transmissive area
Leq,d
19.5
15.8
15.8
10.0
-0.5
3.4
-10.7
01
Car Wash
Tunnel _Lined -Transmissive area
Leq,d
43.7
34.2
40.5
37.4
33.3
32.3
22.5
02
Car Wash
Tunnel _Lined -Transmissive area
Leq,d
3.8
-2.4
1.6
-4.3
-17.2
-22.5
03
Car Wash
Tunnel _Lined -Transmissive area
Leq,d
-8.4
-12.6
-11.0
-19.9
03
Car Wash
Tunnel _Lined -Transmissive area
Leq,d
-4.5
-10.6
-6.6
-13.0
-28.5
05
Vac 1
Leq,d
35.9
17.8
24.6
31.2
27.9
26.5
28.2
26.7
19.1
2.5
Vac 2
Leq,d
23.3
11.0
15.7
20.1
14.0
9.9
12.7
7.9
-3.2
-21.8
Vac 3
Leq,d
21.0
9.4
13.5
17.5
11.2
7.0
11.8
6.8
-4.8
-23.2
Vac 4
Leq,d
19.8
8.4
12.3
16.0
9.7
5.4
11.5
6.5
-5.5
-24.1
Vac 5
Leq,d
19.1
7.7
11.5
15.1
8.8
4.5
11.4
6.3
-6.1
-25.0
Vac 6
Leq,d
18.6
7.1
10.8
14.3
8.1
3.7
11.4
6.2
-6.6
-25.8
Vac 7
Leq,d
18.2
6.7
10.3
13.8
7.6
3.2
11.4
6.2
-7.0
-26.6
Vac 8
1 Leq,d
1 17.91
6.31
9.9
1 13.4
1 7.2
1 2.71
11.41
6.2
1 -7.4
1 -27.5
MD Acoustics LLC 4960 S. Gilbert Rd Chandler, AZ 85249 Phone: 602 774 1950 4
SoundPLAN 8.2 1
14
2601-2701 Ogden Ave Lisle IL
Contribution s e tr - 2-OutdoorSP
Source
Time
Sum
63H
125H
250H
500H
1 H
2 H
4 H
8 H
16 H
slice
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
Vac 9
Leq,d
17.6
5.9
9.5
12.9
6.8
2.3
11.5
6.2
-7.7
-28.4
Vac 10
Leq,d
17.6
5.6
9.2
12.6
6.5
6.5
11.5
6.3
-8.1
-29.2
Vac 11
Leq,d
17.5
5.3
8.9
12.2
6.2
6.5
11.6
6.3
-8.4
Vac 12
Leq,d
17.2
5.1
8.7
12.0
5.0
6.2
11.6
6.2
-9.1
Vac 13
Leq,d
17.2
5.0
8.5
11.8
4.8
6.5
11.8
6.5
-8.9
Vac 14
Leq,d
22.9
10.1
15.1
19.7
14.0
9.9
12.6
7.4
-5.3
-26.8
Vac 15
Leq,d
21.1
9.0
13.4
17.6
11.7
7.3
11.7
6.4
-7.1
-28.7
Vac 16
Leq,d
19.8
8.0
12.2
16.1
10.2
5.6
11.4
6.0
-8.1
Vac 17
Leq,d
19.1
7.3
11.4
15.2
9.4
4.7
11.4
5.9
-8.7
Vac 18
Leq,d
18.6
6.8
10.8
14.5
8.8
4.1
11.4
5.9
-9.1
Vac 19
Leq,d
18.4
6.3
10.3
13.9
8.4
7.1
11.5
6.0
-9.5
Vac 20
Leq,d
18.2
5.9
9.9
13.5
7.8
7.0
11.5
6.0
-9.7
Vac 21
Leq,d
18.0
5.7
9.6
13.1
7.5
6.9
11.6
6.1
-9.9
Vac 22
Leq,d
18.3
5.7
10.0
13.7
7.9
7.0
11.7
6.3
-10.0
Vac 23
1 Leq,d
1 18.1
1 5.61
9.9
1 13.6
1 6.5
1 6.71
11.81
6.3
1 -10.5
Receiver Rec 6 FI G Lr,lim d6(A) Leq,d 41:8
dB(A)
Sigma(Leq,d) 0.0 dB(A)
Car Wash Tunnel -Facade
-Lined
01
Leq,d
4.8
1.2
1.8
-6.6
-24.0
-28.5
Car Wash Tunnel -Facade
-Lined
02
Leq,d
-4.3
-8.1
-7.1
-15.9
Car Wash Tunnel -Facade
-Lined
03
Leq,d
-9.9
-11.9
-14.5
-26.5
Car Wash Tunnel -Facade
-Lined
04
Leq,d
-12.8
-16.5
-15.5
-27.2
Car Wash Tunnel -Lined -Roof 01
Leq,d
-3.1
-7.2
-5.7
-14.9
Car Wash
Tunnel _Lined -Transmissive area
Leq,d
39.6
33.3
36.2
33.4
25.1
23.3
13.8
01
Car Wash
Tunnel _Lined -Transmissive area
Leq,d
24.2
18.2
21.8
15.3
9.0
6.0
-5.8
02
Car Wash
Tunnel _Lined -Transmissive area
Leq,d
-1.4
-7.8
-3.8
-9.1
-21.9
-27.2
03
Car Wash
Tunnel _Lined -Transmissive area
Leq,d
-16.9
-20.4
-20.0
-29.6
03
Car Wash
Tunnel _Lined -Transmissive area
Leq,d
-8.9
-15.2
-11.1
-16.8
05
Vac 1
Leq,d
15.7
5.5
9.0
12.3
5.9
1.4
2.6
-0.2
-9.8
Vac 2
Leq,d
15.8
5.6
9.1
12.3
6.0
2.0
3.3
0.4
-8.9
-28.9
Vac 3
Leq,d
17.7
5.8
9.3
12.5
5.1
6.2
12.0
7.1
-7.3
-28.2
Vac 4
Leq,d
17.9
6.0
9.5
12.7
5.4
6.6
12.2
7.5
-6.5
-27.3
Vac 5
Leq,d
18.2
6.3
9.8
13.0
5.7
6.8
12.3
7.7
-6.1
-26.5
Vac 6
Leq,d
18.4
6.5
10.1
13.3
5.9
7.0
12.5
7.9
-5.7
-25.7
Vac 7
Leq,d
18.7
6.8
10.4
13.7
6.3
7.1
12.6
8.1
-5.3
-25.0
Vac 8
Leq,d
19.0
7.2
10.8
14.1
6.6
7.3
12.8
8.3
-4.9
-24.4
Vac 9
Leq,d
19.4
7.6
11.3
14.6
7.1
7.5
12.9
8.5
-4.6
-23.8
Vac 10
Leq,d
19.7
8.1
11.8
15.2
7.6
7.5
13.0
8.6
-4.5
-23.3
Vac 11
Leq,d
20.7
8.9
12.7
16.2
8.7
10.9
13.2
8.9
-4.0
-22.7
Vac 12
Leq,d
21.8
10.0
14.0
17.7
10.2
11.3
13.4
9.1
-3.7
-22.3
Vac 13
Leq,d
24.3
12.0
16.8
21.1
14.1
12.6
14.0
9.7
-2.7
-21.4
Vac 14
Leq,d
23.1
6.2
10.2
13.5
11.4
16.9
18.6
14.9
1.6
-28.9
Vac 15
Leq,d
23.2
6.7
10.9
14.6
11.5
16.8
18.5
14.7
1.3
-28.9
Vac 16
1 Leq,d
1 23.0
1 7.01
11.3
1 14.9
1 7.4
1 16.61
18.41
14.5
1 1.0
1 -28.8
MD Acoustics LLC 4960 S. Gilbert Rd Chandler, AZ 85249 Phone: 602 774 1950 5
SoundPLAN 8.2 1
15
2601-2701 Ogden Ave Lisle IL
Contribution s e tr - 2-OutdoorSP
Source
Time
Sum
63H
125H
250H
500H
1 H
2 H
4 H
8 H
16 H
slice
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
dB(A)
Vac 17
Leq,d
23.0
7.4
11.7
15.3
7.9
16.5
18.3
14.3
0.7
-28.7
Vac 18
Leq,d
23.1
7.9
12.2
15.9
8.3
16.3
18.1
14.2
0.3
-28.5
Vac 19
Leq,d
23.4
8.7
13.0
16.8
9.3
16.2
18.1
14.0
0.1
-28.1
Vac 20
Leq,d
21.8
9.7
14.2
18.3
10.9
8.6
13.3
8.6
-5.7
-28.0
Vac 21
Leq,d
24.5
11.0
16.2
21.1
15.2
13.8
14.7
10.2
-2.8
-24.8
Vac 22
Leq,d
27.7
12.0
18.0
24.0
19.8
18.1
18.7
14.8
3.8
-17.6
Vac 23
Leq,d
1 33.7
1 15.6
1 22.4
1 29.0
1 25.7
24.4
26.0
24.2
15.8
-3.1
Receiver Rec 6 FIG Lr,Iim dB(A) Leq,d 42.7
dB(A) Sign a(Leq,d)
0.0 db(A)
Car Wash Tunnel -Lined -Facade
Leq,d
0.7
-2.7
-2.6
-10.2
-27.4
01
Car Wash Tunnel -Lined -Facade
Leq,d
-22.7
-24.9
-26.8
02
Car Wash Tunnel -Lined -Facade
Leq,d
13.3
15.1
18.2
29.9
03
Car Wash Tunnel -Lined -Facade
Leq,d
0.1
4.9
2.1
10.9
21.4
28.1
04
Car Wash Tunnel -Lined -Roof 01
Leq,d
-6.5
-10.5
-9.3
-17.6
Car Wash
Tunnel _Lined -Transmissive area
Leq,d
17.7
14.1
13.6
8.4
-1.8
2.8
-11.6
01
Car Wash
Tunnel _Lined -Transmissive area
Leq,d
41.2
32.3
37.8
34.4
31.5
30.5
20.6
02
Car Wash
Tunnel _Lined -Transmissive area
Leq,d
1.0
-4.8
-1.4
-7.5
-19.4
-24.6
03
Car Wash
Tunnel _Lined -Transmissive area
Leq,d
-9.7
-13.7
-12.4
-20.9
03
Car Wash
Tunnel _Lined -Transmissive area
Leq,d
-6.8
-12.8
-9.0
-15.7
-29.9
05
Vac 1
Leq,d
34.9
17.0
23.4
29.3
26.4
26.2
27.9
26.1
18.0
0.3
Vac 2
Leq,d
25.0
11.8
17.0
21.6
16.5
13.2
14.3
9.6
-1.5
-21.6
Vac 3
Leq,d
21.5
9.9
14.2
18.0
12.0
8.3
11.8
6.7
-5.3
-25.1
Vac 4
Leq,d
19.7
8.5
12.3
15.8
9.5
5.9
11.2
6.0
-6.7
-26.6
Vac 5
Leq,d
18.7
7.6
11.3
14.6
8.2
4.6
11.0
5.7
-7.5
-27.8
Vac 6
Leq,d
18.0
6.8
10.4
13.6
7.6
3.6
10.9
5.5
-8.0
-28.7
Vac 7
Leq,d
17.6
6.3
9.8
13.0
7.0
2.9
10.9
5.5
-8.5
-29.7
Vac 8
Leq,d
17.2
5.9
9.3
12.4
6.5
2.4
10.9
5.5
-8.9
Vac 9
Leq,d
16.9
5.5
8.9
11.9
6.1
1.9
11.0
5.5
-9.3
Vac 10
Leq,d
16.7
5.1
8.5
11.6
5.7
1.6
11.0
5.5
-9.6
Vac 11
Leq,d
16.7
4.8
8.1
11.2
5.4
6.0
11.1
5.6
-9.9
Vac 12
Leq,d
16.6
4.5
7.9
10.9
5.2
5.9
11.2
5.6
-10.2
Vac 13
Leq,d
16.5
4.4
7.7
10.7
5.0
6.0
11.2
5.7
-10.4
Vac 14
Leq,d
27.3
11.3
17.2
22.6
19.2
17.9
19.6
16.9
7.3
-14.1
Vac 15
Leq,d
23.8
10.3
15.6
20.3
15.4
12.4
13.8
8.8
-3.6
-26.8
Vac 16
Leq,d
21.2
9.0
13.7
17.6
11.8
8.2
11.8
6.3
-7.5
Vac 17
Leq,d
19.6
8.0
12.2
15.8
9.7
5.7
11.2
5.5
-9.4
Vac 18
Leq,d
18.7
7.1
11.2
14.5
9.0
4.9
11.1
5.4
-9.9
Vac 19
Leq,d
18.1
6.5
10.4
13.7
8.3
4.1
11.1
5.4
-10.4
Vac 20
Leq,d
17.7
6.1
9.9
13.1
7.6
3.5
11.1
5.4
-10.8
Vac 21
Leq,d
17.7
5.8
9.6
12.7
7.3
6.7
11.2
5.5
-11.0
Vac 22
Leq,d
18.3
5.8
9.8
13.0
7.5
6.7
12.5
7.4
-10.4
Vac 23
I Leq,d
1 18.0
1 5.31
9.1
1 12.3
1 7.2
1 6.81
12.61
7.5
1 10.3
MD Acoustics LLC 4960 S. Gilbert Rd Chandler, AZ 85249 Phone: 602 774 1950 6
SoundPLAN 8.2 1
16
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SOUND LEVEL METER READINGS
MODEL: FT-DD-T340HP4 (40hp VACSTAR TURBINE VACUUM PRODUCER)
READING ONE: 73 DB -A, 3 FEET FROM TURBINE @ 45° ANGLE
AND NO BACKGROUND NOISE OR OUTSIDE INTERFERENCE.
READING TWO: 69 DB -A, 10 FEET FROM TURBINE @ 45' ANGLE
AND NO BACKGROUND NOISE OR OUTSIDE INTERFERENCE.
READING THREE: 54 DB -A, 20 FEET FROM TURBINE @ 45' ANGLE
AND NO BACKGROUND NOISE OR OUTSIDE INTERFERENCE.
READING FOUR: 38 DB -A, 30 FEET FROM TURBINE @ 45° ANGLE
AND NO BACKGROUND NOISE OR OUTSIDE INTERFERENCE.
NOTE: THESE READINGS WERE TAKEN OUTSIDE IN THE OPEN ON A CONCRETE SLAB.
SOUND LEVEL METER USED:
SIMPSON MODEL #40003 — MSHA APPROVED.
MEETS OSHA & WALSH-HEALY REQUIREMENTS FOR NOISE CONTROL.
CONFORMS TO ANSI S1.4-1983, IEC 651 SPECS FOR METER TYPE.
Vacutech
1350 Hi -Tech Drive, Sheridan WY, 82801
PHONE: (800) 917-9444 FAX: (303) 675-1988
EMAIL: infoC vacutechllc
WEB SITE: vacutechlic.com
119
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SOUND LEVEL METER READINGS
MODEL: FT-DD-T340HP4 (40hp VACSTAR TURBINE VACUUM PRODUCER)
READING ONE: 73 DB -A, 3 FEET FROM TURBINE @ 45° ANGLE
AND NO BACKGROUND NOISE OR OUTSIDE INTERFERENCE.
READING TWO: 69 DB -A, 10 FEET FROM TURBINE @ 45' ANGLE
AND NO BACKGROUND NOISE OR OUTSIDE INTERFERENCE.
READING THREE: 54 DB -A, 20 FEET FROM TURBINE @ 45' ANGLE
AND NO BACKGROUND NOISE OR OUTSIDE INTERFERENCE.
READING FOUR: 38 DB -A, 30 FEET FROM TURBINE @ 45° ANGLE
AND NO BACKGROUND NOISE OR OUTSIDE INTERFERENCE.
NOTE: THESE READINGS WERE TAKEN OUTSIDE IN THE OPEN ON A CONCRETE SLAB.
SOUND LEVEL METER USED:
SIMPSON MODEL #40003 — MSHA APPROVED.
MEETS OSHA & WALSH-HEALY REQUIREMENTS FOR NOISE CONTROL.
CONFORMS TO ANSI S1.4-1983, IEC 651 SPECS FOR METER TYPE.
Vacutech
1350 Hi -Tech Drive, Sheridan WY, 82801
PHONE: (800) 917-9444 FAX: (303) 675-1988
EMAIL: infoC vacutechllc
WEB SITE: vacutechlic.com
121
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July 13, 2022
Mr. Michael Elliott, PE
Terra Consulting Group
600 Busse Highway
Park Ridge, Illinois 60068
Re: Proposed Car Wash
Mt. Prospect, Illinois
Dear Mike
As requested, Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA, Inc.) has reviewed the site plan for the
proposed car wash to be located in the northeast corner of the intersection of Algonquin Road (IL 62) with
Wall Street in Mt. Prospect, Illinois. The plans call for a tunnel car wash and vacuum stalls. Access is
proposed off Wall Street.
The purposed of the review is to evaluate the adequacy of the proposed stacking for the car wash. As shown
on the site plan (enclosed), the proposed car wash will provide stacking for approximately 27 vehicles to
queue in three approach lanes to the three pay stations. In addition, there will be stacking for 10 vehicles
between the pay stations and the tunnel and approximately five vehicles within the tunnel for a total stacking
of approximately 42 vehicles from the entrance through the tunnel.
Based on our experience with other car washes, this amount of stacking exceeds the requirements for normal
operations and will also be adequate to accommodate its peak operations (design day), which typically
occur after a weather event such as a snowfall or rain event (typically occurring 12 to 15 times per year).
In order to further ensure that this peak demand is accommodated, the following operational procedures
could be implemented:
- Increase the service rate of the tunnel to the maximtun it can process
- Restrict use of the vacuum stalls to vehicles using the car wash first
- Provide staff at critical locations within the circulation system during peak periods to manage the
traffic flow through the site
Should you have any questions or require additional information, please let me know.
Sincere.
Luay R. Aboona, PE, PTOE
Principal
Enc.
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3 August 2022
William C Coney, AICP
Village of Mount Prospect
50 S. Emerson Street
Mount Prospect, Illinois 60056
via email: achoi@mountarosoect.or
SUBJECT: 1791 WALL STREET MOUNT PROSPECT, ILLINOIS
Dear Ms. Choi:
This correspondence shall serve as notice of intent to follow the recommended operational
procedures outlined in KLOA's traffic study submitted and dated August 3rd, 2022.
The traffic study provided conclusions and recommendations outlined on page 6. The
Petitioner/Applicant intends on following all of the recommendations of the traffic study
including, but not limited to: wayfinding and traffic control signage, posting to guide vehicles to
respective ca wash stacking area, "do not enter" sign, and stop sign, and to follow operational
procedures, service rate of the tunnel, restrict use of the vacuum stalls to vehicles using the
wash first, and provide staff at critical locations.
The Petitioner/Applicant shall strictly adhere to the recommendations of the traffic study and to
any recommendations additionally made by the Village.
Should you have any questions or concerns regarding the traffic study or anything therein,
please feel free to contact me.
Respectfully Submitted,
ACa.n 9W 3aco6
Alan M Jacob
General Counsel
125
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MEMORANDUM TO: Mike Elliot, PE
Terra Consulting, Ltd.
FROM: Luay Aboona, PE, PTOE
Principal
DATE: August 3, 2022
SUBJECT: Traffic Impact Statement
Proposed Car Wash
Mt. Prospect, Illinois
This memorandum summarizes the results and findings of a traffic impact statement prepared by
Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA, Inc.) for the proposed tunnel car wash in Mt.
Prospect, Illinois. The site, which is currently vacant, is located in the northeast quadrant of the
intersection of Algonquin Road (IL 13 1) with Wall Street. As proposed, the site will be developed
with a tunnel car wash facility with 28 vacuum stalls and five employee parking stalls. Access to
the car wash will be provided via a full movement access drive on Wall Street.
The purpose of this traffic statement was to estimate the traffic to be generated by the car wash
and review the access and circulation system proposed to serve the car wash. Figure 1 shows an
aerial view of the site. A copy of the proposed site plan is located in the Appendix.
Existing Roadway System Characteristics
The characteristics of the existing roadways near the development are described below.
Algonquin Road (IL 62) is an east -west major arterial roadway that generally provides two lanes
in each direction separated by a barrier median. At its unsignalized intersection with Wall Street,
Algonquin Road provides an exclusive left -turn lane, a through lane, and a combined
through/right-turn lane on both approaches and has a posted speed limit of 45 miles per hour.
Algonquin Road is under the jurisdiction of the Illinois Deparhnent of Transportation (IDOT) and
is classified as a Strategic Regional Arterial (SRA). Algonquin Road carries an Annual Average
Daily Traffic (AADT) volume of 13,800 vehicles (IDOT 2021).
Wall Street is a north -south local road that extends between Algonquin Road and Montgomery
Street. At its stop sign controlled intersection with Algonquin Road, Wall Street provides two
southbound lanes striped to accommodate an exclusive left -turn lane and a shared through/right-
turn lane. The south leg of this intersection is the access drive serving O'Hare Business Center.
Wall Street is under the jurisdiction of the Village of Mt. Prospect and has a posted speed limit of
30 mph.
126
Aerial View of Site Figure 1
127
Trip Generation Estimates
The number of peak hour vehicle trips estimated to be generated by the proposed car wash was
estimated based on the "Automated Car Wash" (Land -Use Code 948) trip rates published in the
Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition. It is important to
note that surveys conducted by ITE have shown that a considerable number of trips made to car
washes are diverted from the existing traffic on the roadway system. This is particularly true during
the weekday morning and evening peak hours when traffic is diverted from the home -to -work and
work -to -home trips. Such diverted trips are referred to as pass -by traffic. However, in order to
present a worst-case scenario, no reductions in the site -generated traffic were taken into account.
Based on the data provided in the iTE Manual for an automated car wash (Land -Use Code 948), the
typical usage is approximately 71 vehicles per hour during the weekday evening peak hour and 152
vehicles per hour during the Saturday midday peak hour. The ITE manual does not provide data for
the morning peak hour for an automated car wash. For the purposes of the evaluation, it was assumed
to be approximately one-third of the weekday evening peak hour trip generation. Table 1 summarizes
the estimated trips using the ITE rates.
Table 1
PEAK HOUR SITE -GENERATED TRAFFIC VOLUMES
948 Tunnel Car 12 12 24 35 36 71 76 76 160
Wash
128
Traffic Evaluation
Based on the estimated trips shown in Table 1, the facility will be able to accommodate the hourly
trips generated given that the service rate of the tunnel is approximately 130 to 150 vehicles per
hour. Furthermore, the volume of traffic to be generated by the proposed car wash, without taking
into account pass -by traffic reductions, will amount to only approximately two to three percent of
the existing peak hour traffic at the intersection of Algonquin Road with Wall Street. This low
increase in traffic indicates that the traffic the proposed facility will generate can be accommodated
and that it will not have a significant impact on traffic conditions in the area.
As previously indicated, access to the car wash is proposed to be provided off Wall Street only.
The proposed access drive will be located approximately 200 feet north of Algonquin Road, offset
from the access drive that serves the 500 W. Algonquin Road building. The access drive will
provide one inbound lane and one outbound lane with outbound movements under stop sign
control. The location and design of the access drive will be adequate in accommodating the traffic
volumes that will be generated by the proposed car wash.
Internal Circulation Review
The single -lane automatic car wash tunnel will be an exterior -only car wash system and will have a
clockwise circulation. Vehicles entering the site can either use the vacuum stalls or continue east to
enter the three individually gated, automatic pay stations to select and pay for their car wash options.
The gates meter the traffic flow proceeding to the car wash tunnel entrance and will open in sequence
based on the order of vehicle payment. Once the gate is lifted for the respective lane, the individual
vehicle will perform a U-turn to proceed towards the entrance to the tunnel. At the entrance to the
car wash tunnel, the driver will remain in the vehicle and the car wash will automatically pull the
vehicle through the tunnel. It is our understanding that car washes have a typical service rate of 130
to 150 vehicles per hour, which will minimize the amount of time a vehicle spends in the tunnel, thus
reducing internal queues.
After exiting the tunnel, the vehicles can turn right to exit the site or turn left to access the vacuum
positions. Approximately four to five vehicles can be accommodated between the car wash exit and
the proposed access drive. If the vehicle is delayed in exiting the tunnel, the pulling system will shut
down so that vehicles in the tunnel that are following will not rear -end the exiting vehicle.
Car Wash Stacking
According to the site plan, there is storage for approximately 27 vehicles to queue while advancing
to one of the three pay stations as well as space for four vehicles in a car preparation outside lane.
In addition, there is storage for approximately ten vehicles between the pay stations and the
entrance to the tunnel. As such, the plan provides a total stacking of approximately 37 vehicles
from the entrance to the car wash to the entrance to the car wash drive-through system. Further,
the car wash tunnel itself can hold approximately five vehicles at the same time for a total stacking
capacity of 42 vehicles. This available stacking will be adequate in accommodating the normal
daily projected traffic operations of the car wash.
129
Car Wash Wayfinding attnd Fraffne C`orntrol Signage
The following wayfinding and traffic control signage is recommended:
• Wayfinding signage should be posted to guide vehicles to the respective car wash stacking
area to minimize vehicle turning movements within the internal site circulation area.
• Wayfinding signage should be posted at the exit of the car wash tunnel to direct vehicles
exiting the car wash to either Wall Street or to the vacuum positions.
• A "Do Not Enter" sign should be posted at the exit of the car wash tunnel to deter traffic
from entering the car wash tunnel from the one-way exit direction.
• A stop sign should be provided at the car wash tunnel exit.
Vacuum Positions
The 28 vacuum positions will be located on the south side of the car wash tunnel. A two-way drive
aisle will be provided along the west side of the site, allowing flexibility for vehicles to access the
vacuum area either before or after the car wash. Vehicles exiting the vacuum stations will proceed
west and north to exit the facility at the proposed access drive off Wall Street or proceed east to
enter the car wash.
Peak Day Operations
Typical of any car wash, its peal-, operations (design day) typically occur after a weather event such
as a snowfall or a rain event. Based on historical data from other car washes, this typically occurs 12
to 15 times per year. When this peak demand occurs, the following operational procedures should
be implemented:
• Increase the service rate of the tunnel to the maximum it can process.
• Restrict use of the vacuum stalls to vehicles using the car wash first.
• Provide staff at critical locations within the circulation system during peak periods at the
car wash to help direct and manage the flow of traffic through the site. Critical internal
locations where staff should be located include at the pay stations and at the exit of the car
wash.
130
Conclusion
Based on the preceding evaluation, the following conclusions and recommendations have been
made:
• The proposed car wash will generate a limited volume of traffic, which will be reduced due
to pass -by traffic.
• The outbound movements from the access drive off Wall Street should be under stop sign
control.
• The proposed site layout will provide on-site stacking for approximately 42 vehicles
(including vehicles in the tunnel), which will be adequate in accommodating the normal
daily projected traffic operations.
• The following wayfinding and traffic control signage is recommended:
o Wayfinding signage should be posted to guide vehicles to the respective car wash
stacking area to minimize vehicle turning movements within the internal site
circulation area.
o A "Do Not Enter" sign should be posted at the exit of the car wash tunnel to deter
traffic from entering the car wash tunnel from the one-way exit direction.
o A stop sign should be provided at the exit of the car wash tunnel.
On peak days (after a snowfall or a rain event), the following operational procedures should
be implemented:
o Increase the service rate of the tunnel to the maximum it can process.
o Restrict use of the vacuum stalls to vehicles using the car wash first.
o Provide staff at critical locations within the circulation system at the car wash to
help direct and manage the flow of traffic through the site. Critical internal locations
where staff should be located include at the pay stations and at the exit of the car
wash.
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3 August 2022
William C Coney, AICP
Director of Community Development
Village of Mount Prospect
50 S. Emerson Street
Mount Prospect, Illinois 60056
via email: bcooney@mountprospect.org
and achoi@mountorosoect.ora
SUBJECT: 1791 WALL STREET MOUNT PROSPECT, ILLINOIS
Dear Mr. Cooney:
As you are aware, we are seeking conditional use for an express car wash facility at 1791 Wall
Street, Mount Prospect, Illinois. We have worked diligently with staff as they have been very
receptive to questions from our team and provide suggestions regarding changes of our
preliminary engineering plans and architectural plans to meet village code standards.
We are scheduled for a hearing on August 11th, 2022. As is understood, a second reading may
be scheduled thereafter. We hereby request a wavier of the second reading for the following
reasons: an eagerness by our client to begin building, unstable building supply prices, difficulty
in securing labor, changing interest rates, and equipment delivery.
For all these reasons, we hope you would consider waiving the 2nd reading and place this on
the agenda before the Village Board on August 16th, 2022.
Should you have any questions, please feel free to contact us.
Respectfully Submitted,
Alan Mjaco(
Alan M Jacob
General Counsel
134
ORDINANCE NO.
AN ORDINANCE GRANTING A
CONDITIONAL USE FOR A CAR WASH AND VARIATIONS FOR ACCESSORY STRUCTURES FOR
THE PROPERTY LOCATED AT
1791 WALL STREET, MOUNT PROSPECT, ILLINOIS
WHEREAS, Natesan Murthy ("Petitioner's, is seeking a Conditional Use permit to allow a car
wash and variations to the maximum number of accessory structures, maximum allowable
square footage of accessory structures, and maximum allowable height of accessory
structures, for property located at 1791 Wall Street ("Property) and legally described as;
LOT 2 IN LAKE CENTER PLAZA RESUBDIVISION NO. 4, BEING A RESUBDIVISION OF LOTS
8,9,10 AND 11 IN LAKE CENTER PLAZA, A RESUBDIVISION IN THE NORTHEAST 1/4 OF
SECTION 23, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED MARCH 20, 2018 AS DOCUMENT NO.
1807906120, IN COOK COUNTY, ILLINOIS
Property Index No. 08-23-203-044-0000; and
WHEREAS, the Petitioner seeks a Conditional Use Permit to operate a car wash and a
variation to increase the maximum height of an accessory structure from ten feet (10') to
thirteen feet (13'-0") for the two freestanding canopies over the vacuum stalls and to
fourteen feet six inches (14'-6") for the freestanding canopy over the pay station, a
variation to increase the maximum number of accessory structures from two accessory
structures to four (4) accessory structures per zoning lot including the three freestanding
canopies and the trash enclosure, and a variation to increase the maximum size of a
freestanding canopy from 200 square feet to 1183.75 square feet for the north freestanding
canopy over the vacuum stalls, to 1636.70 square feet for the south freestanding canopy
over the vacuum stalls, and to 427.92 square feet for the freestanding canopy over the pay
station; and
WHEREAS, a Public Hearing was held on the request for a Conditional Use Permit designated
as PZ -17-22, before the Planning and Zoning Commission of the Village of Mount Prospect
on the 11th of August 2022, pursuant to due and proper notice thereof having been
published in the Daily Herald Newspaper on the 27th day of July; and
WHEREAS, the Planning and Zoning Commission has submitted its findings and
recommendations to the Mayor and Board of Trustees in support of the request for
conditional use being the subject of PZ -17-22; 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 same meets the
standards of the Village and that the granting of a Conditional Use permit and Variations
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 herein 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 grant a
Conditional Use Permit to operate a car wash and accessory structures for property located
at 1791 Wall Street subject to the following conditions:
PZ 17 22 RD PG 1 135
a. The Petitioner shall address all comments provided in the Village review letter dated
July 28, 2022;
b. In lieu of not meeting foundation landscaping to the west, additional shrubbery shall
be added to the landscape islands to the west near the exit of the car wash that
exceeds code;
c. Development of the site in general conformance with the site prepared by Terra
Consulting Group, Ltd., bearing the latest revision date of 07-20-2022;
d. Development of the building in general conformance with the floor plans and
elevations prepared by Ned Architects dated 06/01/2022;
e. Compliance with all Development, Fire, Building, and other Village codes and
regulations;
f. Submittal of an irrigation plan;
g. Submittal of a landscape plan which complies with Village Code requirements;
h. Silencers/mufflers shall be placed on each of the vacuums;
i. All exterior lighting shall be full cutoff and pointed straight down;
j. Trash enclosure shall be constructed of masonry with a color matching/blending gate
that is minimum 6' in height;
k. Building materials shall be of the similar/same quality if the exact material specified
in the building elevations is not available;
I. Wayfinding and traffic control signage shall be provided and operational procedures
shall be implemented, as recommended in the Traffic Study;
m. Submittal of a preliminary and final building code analysis; and
n. Subject to IDOT and MWRD approval.
SECTION THREE: 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 16th day of August 2022.
Paul Wm, Hoefert
Mayor
ATTEST:
Karen M. Agoranos
Village Clerk
PZ 17-22 PG 2 136
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ -17-22 Hearing Date: August 11, 2022
PROPERTY ADDRESS: 1791 Wall St
PETITIONER: Natesan Murthy
PUBLICATION DATE: July 27, 2022
REQUEST: CU: Car Wash, Variations for Accessory Structures (Number,
Maximum Size and Maximum Height)
MEMBERS PRESENT: Joseph Donnelly
William Beattie
Donald Olsen
Walter Szymczak
Tom Fitzgerald
Ewa Weir
Greg Miller
MEMBERS ABSENT: Norbert Mizwicki
STAFF MEMBERS PRESENT: Connor Harmon, Senior Development Planner
Ann Choi, Development Planner
Emily Bettler, Planning Intern
INTERESTED PARTIES: Alan M. Jacob, Natesan Murthy
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 July 14, 2022. The minutes were approved 7-0.
Chairman Donnelly introduced case PZ -17-22 1791 Wall Street, which is a request for a conditional use for
a car wash and variations for the maximum number of, maximum size, and maximum height of accessory
structures, at the subject property.
Ms. Choi explained that the Petitioner is proposing to construct a car wash that will be operated by Snap
Wash Express Car Wash, a high-end automated car wash and consists of 1 principle building, 3 drive-
through pay stations, accompanying parking lot with 26 free vacuum parking stalls, 33 overall parking
spaces, and an underground vault for stormwater detention toward the eastern portion of the property.
The proposed facility will operate on weekdays from 7 AM to 9 PM during the summertime and 8 AM to 8
PM during the winter time. During the weekends, the operating hours would be 8 AM to 7 PM on Saturday
and 8 AM to 5 PM on Sunday. The business will employ a minimum of 3 employees per shift and up to 6
employees during peak times. Peak hours are typically in the early evening during the weekdays and mid-
morning on the weekends.
Planning & Zoning Commission Meeting —August 11, 2022 PZ -17-22
137
Ms. Choi stated that the proposal meets all bulk regulations and parking setbacks but requires a number
of variations to allow for three freestanding canopies that exceed the maximum number, size and height
permitted for accessory structures.
Ms. Choi explained that per Village Code, each zoning lot is permitted a total of two accessory structures,
and a maximum size of 200 SF is permitted for each. Detached accessory structures are permitted a
maximum height of 10'. The project proposes a total of four accessory structures, including 1
trash/vacuum tank enclosure and 3 large freestanding canopies. Two freestanding canopies are proposed
over the vacuum/parking stalls and one freestanding canopy is proposed over the pay stations. The north
canopy over the vacuum stalls measures nearly 151' by 8' and 1183.75 SF in area, and the south canopy
measures nearly 208' by 8' and 1636.70 SF in area. Both canopies are 13'-0" feet tall. The pay station
canopy measures nearly 15' by 27' and 427.92 SF in area, and stands at a height of 14'-6".
Ms. Choi went onto explain the landscape plan. A significant amount of perimeter and foundation
landscaping is proposed site -wide. Ms. Choi stated that the Village Code requires landscaping to be
provided across 50% of the abutting lot line to a minimum height of 3'. For lot lines greater than 100' in
length, plantings shall be placed in clusters, containing a minimum of 7 shrubs per cluster, spaced at
intervals of approximately 35' along the lot line. Shade trees are required 75' apart along the abutting lot
line. Ms. Choi stated that the proposed landscaping complies with code.
Ms. Choi presented the floor plan. Ms. Choi stated that the floor plan indicates the car wash tunnel along
the north side of the building and the equipment room to the south. A vending area is proposed near the
exit of the tunnel and offices and control room are located near the entrance.
Ms. Choi described the elevations and stated that the proposed building provides various building
materials, introduces a number of breaks in the fagade with materials changes and a varied roof line. The
elevation drawings indicate the building materials will consist of face brick above a stone block base and
stone block pillars along the main body of the car wash tunnel. The taller tower elements located at the
entrance and exit of the building will consist of a standing seam metal roof, stucco walls, vinyl window
frames, limestone headers, all above a stone block base. A fabric canopy is proposed above the entrance
to the vending room.
Ms. Choi explained that one freestanding sign is proposed for the overall development. The freestanding
sign is located along the Algonquin Road frontage, centered along the south lot line. The proposed
freestanding sign has a maximum height of 9' and a maximum width of 11'. The total sign surface area of
the freestanding sign is approximately 102 SF including both faces. The proposed freestanding sign
contains a stone base in keeping with the design of the principal structure. The project also proposed a
total of three wall signs. A total of three wall signs is permitted under the Sign Code.
Ms. Choi then presented the renderings and indicated neutral colored building materials are proposed.
In terms of parking and stacking, Ms. Choi explained that the proposal satisfies the overall parking
requirement. The Village Code requires stacking spaces for 20 minutes of waiting plus 1 space per
employee (includes 3 minutes average per car). To avoid disruption of traffic and to provide a continuous
flow from all lanes, the car wash is designed to complete the entire process of washing from the point of
sale at the gate opening to the exit of the wash in under 2 minutes. There is storage for approximately 27
Planning & Zoning Commission Meeting —August 11, 2022 PZ -17-22
138
vehicles to queue while advancing to one of the 3 pay stations as well as space for four vehicles in a car
preparation outside lane. In addition, there is storage for approximately 10 vehicles between the pay
stations and the entrance to the tunnel. The plan provides a total stacking of 37 vehicles from the
entrance to the car wash to the entrance to the car wash drive-through system. Further, the car wash
tunnel itself can hold approximately 5 vehicles at the same time for a total stacking capacity of 42 vehicles.
The traffic statement has further stated that the available stacking will be adequate in accommodating the
normal daily projected traffic operations of the car wash.
Ms. Choi explained that the proposal includes one vacuum system that is enclosed within the proposed
building, one vacuum system within the trash/vacuum tank enclosure, and 26 vacuum stalls. The vacuum
system that is enclosed within the building produces zero decibels (dB) at the property line. The vacuum
system within the trash/vacuum tank enclosure is equipped with a muffler system, produces zero decibels
at 15' from the enclosure, and produces zero decibels at 90 degrees and 180 degrees. In other words, no
sound would escape from the structure in the lateral direction, only upwards, and noise would be reduced
by 45% at angles. The individual vacuums are proposed to the south of the principal building and
silencers/mufflers will be placed on each of the vacuums. Sound study excerpts from other car washes
that were developed by the Petitioner measure the vacuum use individually and in the unlikely event of all
vacuums operating at the same time. The study also measured the vacuum decibels inside of a vehicle.
Each vacuum would produce anywhere between 13 dB to 38clB at the property line, and if all vacuums are
used simultaneously, the vacuums would produce 41.8-49.6 dB at the property line (49.6 dB in the very
unlikely event all 26 vacuums and all doors to the tunnel system are open). A vacuum would produce up to
67 dB within the vehicle. Ms. Choi pointed out that the Village currently does not have any noise
limitations applicable to business districts. The only regulations are applicable to the 1-1 district.
Ms. Choi also indicated that the proposed car wash is designed to be efficient and safe in use. To put it in
perspective, the average water use to wash a car at home in a driveway will utilize approximately 150
gallons of water. A typical car wash attached to a gas station facility will use approximately 60 gallons of
water. The proposed car wash will use approximately 15 gallons of water per wash. In addition, all soaps
used within the tunnel system are water-based, biodegradable, eco -friendly, and odorless.
Ms. Choi referred to the long-range planning documents and stated that the Village Comprehensive Plan's
existing land use map designates the Subject Property as vacant, and the future land use map as "mixed-
use district". This conditional use is consistent with and is supported by the Village's Comprehensive Plan.
The Connect South Mount Prospect 2020: Subarea Plan designates the property as an opportunity site and
recommends retail development to support the multi -family development in the immediate area.
However, the Village has not received any other development requests for the subject property.
Ms. Choi summarized the standards for a conditional use and for variations. Ms. Choi stated that the
proposed conditional use will not be detrimental to the general welfare of the neighborhood, will improve
the property value of the subject property and value of surrounding properties through the aesthetics of
the design, and will not impede the normal and orderly development and improvement of the
surrounding properties. Per the Petitioner, comprehensive studies including topography, geotechnical,
survey and other investigative studies such as traffic have been conducted to ensure sufficient
infrastructure for operations. With efficient water usage, efficient electrical usage including lighting, a
state-of-the-art drainage and water removal system, it has been determined that adequate utilities are
available and that the operation shall not be burdensome upon the Village or surrounding properties in
connection with the operation of this use. Staff is therefore supportive of the proposed conditional use to
operate a car wash. The use is compatible with other uses along the Algonquin Road commercial corridor.
Planning & Zoning Commission Meeting —August 11, 2022 PZ -17-22
139
Ms. Choi further stated that staff is generally supportive of the variation requests related to the accessory
structures. Staff believes the proposed canopies are integral to the operations of the vacuum stations, and
would protect public welfare by providing customers with protection from inclement or extreme weather.
Similar car washes in the Petitioner's portfolio include freestanding canopies that are of similar height and
size to the proposed development. Recent Village approvals associated with 950 N. Elmhurst Road (Chick-
Fil-A) include a conditional use that includes two canopies (3 accessory structures) measuring 1,334 square
feet and 511 square feet in area. Everclean Car Wash, located at 300 E. Rand Road, was approved in
January 2020, and conditionally approved one freestanding canopy measuring 310.5 square feet in area
and a height of 10'-9". Ms. Choi stated that larger and multiple canopies are not atypical for car washes
and the granting of the variations will not have any negative impacts on the surrounding properties.
Ms. Choi explained that the proposed conditional use for a car wash and the requested variations meets
the standards of the Village Code and that staff recommends approval of the following motion:
"To adopt staff findings in the staff report as the findings of the Planning and Zoning Commission and
recommend approval of:
1. A variation from Section 14.306(A)(3)(a) to increase the maximum height of an
accessory structure from ten feet (10') to thirteen feet (13'-0") for the two freestanding
canopies over the vacuum stalls and to fourteen feet six inches (14'-6") for the
freestanding canopy over the pay station;
2. A variation from Section 14.306(A)(5) to increase the maximum number of accessory
structures from two accessory structures to four (4) accessory structures per zoning lot
including the three freestanding canopies and the trash enclosure;
3. A variation from Section 14.306(B)(1)(b)(2) to increase the maximum size of a
freestanding canopy from 200 square feet to 1183.75 square feet for the north
freestanding canopy over the vacuum stalls, to 1636.70 square feet for the south
freestanding canopy over the vacuum stalls, and to 427.92 square feet for the
freestanding canopy over the pay station; and
4. A conditional use for a car wash at 1791 Wall Street, subject to the conditions listed in the
staff report."
Ms. Choi stated that the Village Board's decision is final in this case and opened the floor to questions for
both herself and the petitioner.
Chairman Donnelly asked if staff could re -present the slide showing the site plan. Chairman wanted to
confirm that all three canopies are located within the buildable area of the subject property and what the
maximum height required in the zoning district. Ms. Choi responded that he canopies are located within
the buildable area and the maxim height is 35 feet or 3 stories. Chairman Donnelly confirmed that the
canopies are under the maximum building height allowed. Chairman Donnelly stated that the number of
canopies would have not have been an issue if they were attached to the building, so he did not think the
number proposed was an issue.
Chairman Donnelly requested further information on the signage issue. Ms. Choi stated that the proposal
complies with the Sign Code and the Petitioner is not requesting any relief from the Sign Code.
Commissioner Weir asked if there is a size restriction on the square footage of the proposed signs on the
building, and if there is a restriction on internally illuminated signage. Ms. Choi stated that internally
illuminated wall and monument signs are permitted. Commissioner Beattie stated there are restrictions
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on the size of the signs but that the proposed signs are well within the maximum allowable size. Chairman
Donnelly emphasized that the Petitioner was not asking for any relief from the Sign Code as part of this
request.
Ms. Choi stated that the signs comply with code, but would have to return with the specific sign square
footage and stated that the building department who typically does the signage reviews had confirmed
the proposed signage was in compliance.
Hearing no further questions from the commissioner for staff, Chairman Donnelly asked the Petitioner to
come forward.
Chairman Donnelly swore in the representatives for the Petitioner, Alan Jacobs and Nick Spallone, 6400
North Northwest Highway, Chicago, IL 60631.
Mr. Jacobs explained that the proposal is a state-of-the-art luxury auto -spa, with a brick fagade, towers
and lighting. The internal parts of the auto -spa are composed of state-of-the-art equipment. Mr. Jacobs
explained the dryer is not a typical dryer attached to a typical car wash attached to a gas station where the
blowers are very loud, and is often called a "predator" because it is very quiet. The actual system in the
tunnel is a conveyor belt where cars would drive onto the conveyor belt. The front tires of the car would
not have to line up to any track. The car pulls onto the conveyor belt, the dryer dries the car very quietly
and the client could pull into any of the vacuum stalls. Vacuums are in holsters and mufflers to reduce the
noise, and clients can use the vacuums anytime even if they do not use the car wash.
Mr. Jacobs further explained that the variations are requested, not just to protect clients from inclement
weather, but for aesthetics and to hide the industrial look of the car wash so it does not look mechanical.
The structure that houses the vacuum is a brick fagade, the canopies cover the holsters and the vacuums,
and the other canopy covers the pay station. Mr. Jacobs further explained that the car wash would
resemble a modern bank rather than an industrial building. The deviations may seem like a lot, but they
are requested as part and parcel to the operations of the car wash.
Chairman Donnelly asked why there were three pay stations.
Because there are three lanes for stacking and two outer lanes for preparation, Mr. Jacobs explained that
they did not ever want a situation where the stacking encroaches into the public right-of-way. Mr. Jacobs
explained they created the three pay stations so that cars can wait and queue to enter the tunnel.
Commissioner Beattie asked if the car wash would ever get that busy since he counted twenty-seven cars
in the lanes.
Mr. Jacobs responded in the negative and explained that the site plan was set up that way to illustrate the
worst case scenario. Mr. Jacobs stated there would never be 47 cars in the queue and all 26 vacuums
would not operate at the same time.
Mr. Spallone added that the car wash is designed to complete the entire process of washing from the
point of sale at the gate opening to the exit of the wash in under 2 minutes. Mr. Spallone further clarified
that although the first wash from the pay station to the exit would be two minutes, there would be a car
coming out of the tunnel every 20 seconds thereafter. If there is ever a situation where there are 40 -some
cars lined up, it would be a situation where one of the two pay stations or system gates malfunctioned.
The redundancy is built so that production can be fast.
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Commissioner Fitzgerald raised a question regarding noise. Commissioner Fitzgerald stated that in the
packet, vacuum systems are referenced in the inside and outside, and when the Village has considered car
washes in the past, there has usually been a conversation around the dryer. Commissioner Fitzgerald
asked the Petitioner to speak more about the dryer since this information was not included in the
submittal.
Mr. Spallone explained that the building itself has been designed to hold the noise inside the building. The
walls and the high, vaulted towers to keep the noise inside. The stealth dryers also reduce the amount of
noise. Mr. Spallone further explained that if you are standing right in front of the tunnel, you may
experience 60 or 70 decibels, but once you go 90 degrees out of it, it is almost virtually soundless.
Ms. Choi stated that the sound excerpts were included in the Administrative Content portion of the
packet. Commissioner Fitzgerald acknowledged he may have been focused on the initial pages where it
was limited to the vacuum systems.
Mr. Spallone stated they could provide blower information as they have multiple studies on that.
Mr. Jacobs stated that because the Village does not have maximum standards for decibels on a
commercial property, the state requirements would be applicable and the state requires 60 decibels at the
property line and 55 decibels. Mr. Jacobs assures the commissioners that the entire operation does not
exceed those decibels levels at any part of the property line.
Chairman Donnelly stated this is a different technology than other car washes they have reviewed and
that the equipment is located inside the building.
Commissioner Weir asked about the 47 cars that would be idling and thought this might be a concern
from the neighbors, and asked how many cars idle at one of their typical facilities.
Mr. Spallone explained that the stacking exhibit was only produced to show the worst case scenario to
affect the road outside of the site. Mr. Spallone pointed out that cars would be produced every 20
seconds there would have to be 5,000 cars or that volume to have that kind of backlog. Mr. Spallone
likened the stacking of 47 cars to a civil engineer designing for the 100 -year flood but Noah's Ark never
happens.
Commissioner Weir stated that a landscape buffer might be better than to prepare for peak idling.
Chairman Donnelly pointed out that the Petitioner is only following the minimum required in the code and
that the Village is driving the stacking requirement. Chairman Donnelly stated that he did not think there
would be much idling, and that they would be driving through as the car wash would be producing cars
every 20 seconds. Ms. Choi stated that the Petitioner exceeds the Village requirements in terms of
stacking.
Mr. Spallone stated that there have been situations where two of the pay stations have too much money
in them, or do not have enough money in them to dispense, and the operators have not gone out quick
enough to change the pay stations out. Or where only one lane is operating and you may see backup on a
single lane, but you will never see it on all three lanes.
Chairman Donnelly added that stacking would be similar to other drive-through operations like McDonalds
or a Starbucks.
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Mr. Spallone stated that this was designed around the Chick-Fil-A concept with multiple pay lanes so that
they can produce faster with the amount of people that are in the parking lot, so the more lanes, the less
volume and the shorter amount of pay stations, the more stacking.
Hearing no further comments or questions, Chairman Donnelly closed the hearing and asked for a motion.
Commissioner Beattie made a motion seconded by Commissioner Szymczak to recommend approval of
the following motion:
1. A conditional use for a car wash at 1791 Wall Street, subject to the conditions listed in the staff
report;
2. A variation from Section 14.306(A)(3)(a) to increase the maximum height of an accessory structure
from ten feet (10') to thirteen feet (13'-0") for the two freestanding canopies over the vacuum
stalls and to fourteen feet six inches (14'-6") for the freestanding canopy over the pay station;
3. A variation from Section 14.306(A)(5) to increase the maximum number of accessory structures
from two accessory structures to four (4) accessory structures per zoning lot including the three
freestanding canopies and the trash enclosure; and
4. A variation from Section 14.306(B)(1)(b)(2) to increase the maximum size of a freestanding canopy
from 200 square feet to 1183.75 square feet for the north freestanding canopy over the vacuum
stalls, to 1636.70 square feet for the south freestanding canopy over the vacuum stalls, and to
427.92 square feet for the freestanding canopy over the pay station.
UPON ROLL CALL AYES: Fitzgerald, Szymczak, Weir, Olsen, Beattie, Miller, Donnelly
NAYS: None
The motion was approved by a vote of 7-0, with a positive recommendation to the Village Board for the
scheduled meeting on August 16, 2022.
After hearing no more cases, and seeing no citizens to be heard for non -agenda items, Commissioner
Beattie made a motion seconded by Commissioner Fitzgerald and the meeting was adjourned at 8:08 PM.
Ann Choi
Development Planner
Planning & Zoning Commission Meeting —August 11, 2022
PZ -17-22
143