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Home My WebLink About8.1 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A PARKING AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND BUSSE 4, LLC FOR THE PROPERTY LOCATED AT 104 E. NORTHWEST HIGHWAY (PZ-12-13)Item Cover Page Subject, A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A PARKING AGREEMENT BETWEEN THE VILLAGE OF' MOUNT PROSPECT AND B iUSSE 4., LLC FOR THE PROPERTY LOCATED AT 104 E. NORTHWEST HIGHWAY (PZ -12-13) Meeting September 5, 2023 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD Fiscal Impact (XlN) Dollar Amount. Budget. Source Category Type Information, N/A N/A N/A NEV BUSINESS Action Item The petitioner proposes to construct a two-story, approximately 18,500 square foot, commercial building with zero (ti) off-street parking. The proposed use of the first floor is retail/restaurant, and the proposed use of the second floor is retail/office. An Off -Site parking Agreement with the Village of Mount Prospect is being requested per Sec. 14.2022-E, which states: "Off Site Remote Parking Facilities: In 'cas'es where parking facilities are permitted on land other than the zoning lot in which the building or use served is located, such facilities shall be in the same possession as the zoning lot occupied by the building or use to which parking facilities are accessory. Such possession may either be by deed or long-term lease. The term of such lease is subject to the approval of the planning and zoning commission and filed with the director of community development. The deed for the off-site parking shall require such owner or heirs to maintain the required number of parking spaces for the duration of the use served or the term of the lease, whichever shall terminate sooner. The village board shall have final authority for these lease or deed approvals. Also, leases for off-site parking should be limited to no more than one thousand feet (1,t 00) of the use served in the central business district, and no more than five hundred feet (500) from the use served outside the central business distract. " The following requirements are made by Sec. 14.2122-E for an Off -Site Parking Agreement: Possession by ownership or lease agreement of the gaff -street parking facility must be the same as the Subject Property. 2. Agreement must be in place for the same duration of the term of the lease or ownership of the Subject Property. 3. Off-site parking facility must be within 1,000 ft. of the Subject Property. Staff finds that the requirements of Sec. 14.,2022-E have been met with the proposed Off -Site Parking Agreement between the Subject Property Owner and the Village of Mount Prospect. Employees of the future tenants will be permitted to park at the Emerson Street Parking Deck, which is within 1,000 ft. of the subject property as shown in the attached exhibit. Parking for future tenants' customers will be available at the Emerson Street Parking Deck, Maple Street Parking Deck, and Metra Parking Lot. All the locations are within 1,000 ft. of the subject property as shown in the attached exhibit.Additionally, on -street parking is available adjacent to the subject property and within a 1,000 ft. including on Emerson Street, Busse Avenue, Northwest Highway and Prospect Avenue. This ordinance was established to encourage dense urban design and to encourage pedestrian activity in the downtown district. The Village constructed two parking decks (Emerson Street & Maple Street) in close proximity to the subject property to support additional public parking due to development in the downtown.Additionally, the proposed development is adjacent to, the East Metra Parking Lot, which is open to puiblic parking on, weekdays after 6 IPM, The Village has previously approved similar agreements for the Station 34 (10 spaces), Chase Bank (17' spaces), and Prospect Place (6 spaces) developments. The Planning & Zoning Commission held a Public Meeting on the request on August 24, 2023. At the meeting, the Planning & Zoning Commission voted to approve the proposed Off -Site Parking Agreement by a Vote of 6-0. The Planning & Zoning Commission had discussion whether ten (10) parking spots reserved in the Emerson Street Parking Deck will be enough for all employees. Village staff stated they were comfortable with the ten (10) parking spots to start off with and that if additional spots need to be reserved then an amendment can be made to the Off -Site Parking Agreement. No public comments were provided prior to or during the meeting. Alternatives 1. To approve the following motion: "An Off -Street Parking Agreement per Sec. 14.,2202-E between Busse 4, LLC and the Village Mount Prospect to permit offstreet parking per the attached agreement for the property located at 104 E. Northwest Highway." 2. Action at the discretion of the Village Board. Staff Recommendation To approve the following motion: "An Off -Street Parking Agreement per Sec. 14.,2202-E between Busse 4, LLC and the Village Mount Prospect to permit offstreet parking per the attached agreement for the property located at 104 E. Northwest Highway." At'tachmen'ts 1. 1–PZ-12-23–Staff Report – 104 E Northwest Hwy–Off-Site Parking Agmt 2. 2 – PZ -12-23 – Administrative Content – 104 E Northwest Hwy_Off-Site Parking Agmt 3. 3–PZ-12-23–Plans-104 E Northwest Hwy_Off-Site Parking Agmt 4. Off-Site–Parking A mt_FIINAL — PZ -12-23 104 E–Nerthwwest–NA–Off- Site Z-12-23104E–Northwest–NA–Off- Site – Parking.Agreement (1) 5. Resolution BUSSE 4 LLC parking agreement final PZ -12-23 (104 E Northwest Hwy) Meeting Minutes VILLAGE OF'NIOITNT PROSPEC'T 50 S. Emerson Street, Mount Prospect., IL 60056 STAFF REPORT FRO7\1 THE DEPART1\1ENT OF Community Development William J. Cooney, ASIC P Director off *crnn muuunity Development DATE: August 18, 2023 CASE NtTIUBER PZ -12-23 PUBLIC' MEETING DATE August 24, 2023 Mo Khan Development Planner APPLICANT/PROPERTY OWNER Nicholas & Associates / Busse 4, LLC' PROPERTY ADDRESS/LOC'ATION 104 E. Northwest Highway BRIEF SUMMARY OF REQUEST The petitioner is seeking approval of an Off -Site Parking Agreement per See. 14.2202-E for the proposed development at 104 E. Northwest Highway. The proposed development is a two-story approximately 18,500 ft.' commercial building. The first floor is designated for a proposed retail/restaurant uses and the second floor is designated for a proposed retail/office use. 2023 Village of Mount Prospect ZoningMap Busse Ave, 11 It I EXISTING EXISTING LAND SITRROtTNDING ZONINC,' , & LAND USE SIZE OF' ZONING USE/SITE North: B5C'— Central Commercial Core PROPERTY 135C IMPROVE1\1ENTS East: 135C — Central Commercial Core 0.33 Acres Central Proposed 2 -Story South: 12 — Railroad 14,501 ft' Commercial Commercial Building West: B5C'— Central Commercial Core Clore STAFF RECIOMMENDATION QLPRC�v APPROVE WITH CONDITIONS DENY BACIKGROtTND / PROPERTY HISTORY Tile sub' Z7 ject property was annexed into the Village in 1917� Tile previous two-story inixed-use building was recently deniolished. Tile subject property is located at the, northeast corner of Nortilivest Highway and Emerson Street and is zoned B5C: Central Commercial Core. PROPOSAL The petitioner proposes to construct a two-story approximately 18,500 ft,-' commercial buildingwith zero (0) off-street parking. The proposed use of the first floor is retail/restaurant, and the proposed use of the second floor is retail/office. An Off -Site Parking Agreement with the Village of Mount Prospect is being requested per Sec. 14.2022-E, Which states: "Off Site Remote Parking Facilities: In cases, where parking facilities, are permitted oil land other than the zoning lot in which the building or use served is located, such facilities shall be in the same possession as the zoning lot occupied by the building or use to which parking facilities are accessory. Such possession may either be by deed or long-terni lease, the tenn of such lease is subject to the approval of the planning and zoning commission and filed with the director of community development. The deed for the off-site parking shall require such owner or heirs to maintain the required number of parking spaces for the duration of the use served or the term of the lease, whichever shall terminate sooner. The village board shall have final authority for these lease or deed approvals. Also, leases for off-site parking should be limited to no more than one thousand feet (1,000') of the use served in the central business district, and no more than five hundred feet (500') from the use served outside the central brashness district." The following requirements are made by Sec. 14.2022-E for an Off -Site Parking Agreement: 1. Possession by ownership or lease agreement of the off-street parking facility must be the same, as the Subject Property. 2. Agreement must be in place for the same, duration of the term of the lease or ownership of the Subject Property. Off-site parking facility must be within 1,000 ft. of the Subject Property. Staff finds that the requirements of Sec. 14.2022-E have been met with the proposed Off -Site Parking Agreement between the Subject Property Owner and the Village of Mount Prospect. Employees of the future tenants will be permitted to park at the Emerson St. Parking Deck, which is within 1,000 ft. of the subject property as shown in the attached exhibit. Parking for future tenants' customers NvIII be available at the Emerson St. Parking Deck, Maple Street Parking Deck, and Metra Parking Lot. All the locations are within 1,000 ft. of the subject property as, shown in the attached exhibit. Additionally, on -street parking is available adjacent to the subject property and within a 1,000 ft, including on Emerson St., Busse Ave., Northwest Hwy. and Prospect Ave. This ordinance was established to encourage dense urban design and to encourage pedes,triall activity ill the downtown district. The Village constructed two parking decks (Emerson St. & Maple St.) in close proximity to the subject property to support additionat development in the downtown. The Village has, previously approved similar agreements for the, Station 34, Chase Bank, and Prospect Place developments. Based on these findings, staff recommends that the Planning and Zoning Commission make a motion to approve the following motion: 1. "'An Off -Street Parking Agreement per Sec. 14.2202-E between Busse 4, LLC and the Village Mount Prospect to permit off-street parking per the attached agreement for the property located at 104 L Northwest Highway." The Village Board's decision is, final for this case. HNISTRATIN,'E ATTACHNIENTS: je<�DNIIN�I.STRATW�E� PLANS C�,ONTE�NT (Site Plan, Building (Zoning Request Application, Elevations, etc.) Responses to Standards,, etc.) I concur: William I Cooney, AICP Director of Community Development F CDTHER (Supp enie�ntal Information, Public Comments Received., etc.) Village of Mlo�unt P,roispect VColmmuinity Development Departiment 5O S. Emerson Street Mount Proispect, 11finois 600,56 Phone: (847) 8,18-5328 Zoning Repplication Official'Use Only (To be comlpleted by Village Staff) Case Nurnber� P&Z - PZ- 12 - 23 Date of Subrniss�on: �8/15/2023 Hearing Date: 8/24/23 Project Narnie/Address: 104 E. Northwest IHwy - Off -Site Parking Agreement 1. Subject Property .......... Address(es): 104 E. Northwest Highway Zoning District (s)B-C Property Area (Sq�, Ft. and/or Acreage14,501sq. fr. Parcel Index Nlumber(s) (PN(s): 018.112-109-030, 01000 11, Zoningi Request (s) (Check all that apply) M Conditional) Use, For F Variation(s): To Mzonjing Map, Amendment: Rezone From To ❑Zoning Text Amendiment: Section(s) Other: Off -Site Parking Agreement I IV, Applicant (all corresponidence willl be sent to the applicant) I Name:3 Corporatiom Nicholas, & Associates, 1"1z ........... Address: 1001 Feehianiviile Dr. City, State, ZIP Code: Mouinit Piroispect, IL 60,056 Interest in Property: Owner .. ................ .. ........ . (e.gi. owner, b�uyer, developer, lessee, architect, etc—), 1 V. Property Owner Check if Same as Applicant . ......................... . ................ ......... ... (Name: Corporation Address,* - - - ----------- City, State, ZIP Code: Phone: Email: In consiidleration of the Information contained in this Petition as well as alll supportingi documentation,, it is reqluiested that approval be given, to this request. The appllicanit is, the owner or a,uthorizedi representative of the owner of the property. The petitioner ancl the owner of the property grant employees of the Village of Mount Prospect and their agenit's, permission to enter on the property cluring reasonable hours for visual inspection of the s,ubjlect property. I hereby affirm that all application are truej* Applicant: Kil If appficant is not property owner: provided herl Zrn a I materials, submitted in association with this the best of :2 w e !qe, Name) Date I hereby designate the applliicant to act as my agent for the purpose of seeking the zoning request(s) described in this application andi the associated supporting, material.. Property Owner: (Signature), (Print or Type Name) Affiidavit of Ownership ►- TLur7grorelel STATE: OF ILLINOIS X„ N, &n' undler oath, state that t am ( riint name) F] the sole owner of the property an owner of the property Nan authorized officer for the owner of the property and that such property is owned) by Subscribed and sworn to before me this �� day of 0 Notary Pubilic ECAROILYN STRAHIAMMER offiicial Seat bNic - State o6 IthnoJ2026 on Expires Sep 22, fill 111 5 Special Warranity btefj 11-LINGIS "11, � ) M, �L z - tai o# 227,71072531ree $M00 KwvR A, Yaitroqh Cook cv�'xmly C1W% Pat# "WOSP2072 E 1 00, AM pg; 10 7 Dec, M 20,22DP'0162V,,52 SIX* MAMP 01-5194,02 !FP7 2, ST lix S 1,700,00 CO tax SM) rk atm e Spacefibs, Peordw-s ost 0Wy TMS SPY*,""'1 WARRA8TV MtD, made oil this, &" 0 f7, dl of 7022, BUSSE LMERSON STREF f, MC, an Illinois limited qillty coripany (qte-a "NTO o d ire consideration IUFTEN and OW100 EY)LI.AWS, nrad otherSoWand V1I1U8b1eCD11SWtrAtJ0I) in hand paid, BARGAIN.GRANT, mid SELL to BUSSE 4. 1, V% an I IfinDiS birnited fiability campany (the "GRANTEF), wfth a prindpal office, at 1001 Fr"'hanville Drive, Wrolra N'osptd, Minois 6M56,, all of such Grantor's respective interesm in flie Real Estate legally described on "!UA atlached heieta, hemby releating wtd witiving all rigitts, untier mit"d by Virtlie oft. Homestead Exemlitior, L"kW& of Oe State al'Iffilloi& TO HAVE AND TO HOLD tht,,IaO intetesti in te Real Estate, togather wfth the respective interests it the improv arments thetton inid (lie rigat., rtrrt Privileges, herr editanients, and appurteniances therewirto bebatt ging of appertaining. and ramainders, issues and profits therte, amid all of the estate, right, litle, intere'st, 01sim or demand whatsoever. of trach 0,0 r, Cithtr in law cc in amity". of, in and to the Real: Estate, with the gran dit rtramarataa and appurtonancas, unto Cxrinre,7, its successors, heirs, and assigns forever. The Grantors will wairant wid defend the Pal Estate deooribod alove against all peva anew'' Inwirdly clainning lay, through of under Grantor SUBJECT TO: (3eaiemml tamest for 2021 and subtequW"A tet ,x c0vtnants, condifions Imd restrictic"s of lecord; Wljing lines end easemloem irany, Paritionerr Real Estate Index Nurnber1118-12-1019-03M)WO Address of Real Estate., 104 K, Northwest Highway, Mount PrO&Pect, slit^aa tt600$6 The date ofthisdeed ofconveyance iit 2022, SLISSE EMERSON STREET, LLC, an 114nais liniked habi0y company M t�s E, mINANAGJ� E, MANAGG MEM8F-R DOUGLAS A, HANSON OFFICIAL SM, State of I I linois plwtqlc,SIVIOW IIIIA411s S MY County Or4t& October 26 � Ma 1,, the undersigned, n Notary Public in ands too said Ccounty, in tile state afcIregaid, DO HERF,,By CERTIFY ttwt EDWARD M. 13USS,E, pemoirwlty known to qjit to The the datile pelsouj whow narne d3 subscribed to the fortg(iing institunant, appeared before ine this day in pwonand acknowledgrd that he sigtied, sosltd and delivered the sisidl instniment as his free and voluMary act, for the uses and purposes therein set forth, intlading the release and waiver ofthe tight of holliesteatt, ffinprrs,s Seal,fkov) 0 W,en under my hand and elcial sea[ 2072 (A(Y Commission Lvir'st 4 a r5l, LEGAL DESCMnION For die premises commonly known as 104 E. Nordiwtst Ifigilway, Mount Prasp ect, Illiftois 60056 LOT I IN BUSSE BROTHERS RESUDDIVISION OF LOIS 15 AND 16 IN BLOCK 12 OF BUSSE AND WILLES RPSUBDIVSIONIN MT. PROSPIXTSUBDIVISION OF THE EAST HALF OF THE- NOR"I"HWEST QUARTER rN SEMON 12,TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRI) PRINCIPAL MERIDIAN, IN COOK COWI-Y, ILLINOIS, OF 4 'nllis un 'dr WAS PMPOM(f by Sendsubsqumlt tax bills to: Recorder -'un qua ldmment Douglas Aw flanson Carolyn D, Strahanmer to� Kelleher + Holland, LLC Busse 4, L,LC Catolym D. SUahammer 102 S. Wynstone Park Dr. 1001 Fechanville Drive Nicholas & Asweiates, Inc, Norlb Banington, Itlinols 60010 MountPmpm,, IL 6001% 1011 Falwanville Dflve Mmint Prospect, IL 60056 $0.00 By 0910023 IF PAYING LATE, PLEASE PAY Your Taxing Districts M 2022 First Installment Property Tax Bill - Cook County Electronic Bill Property Index Numiber (PIN) Volumie Code Tax Year (Payable 11n) Township Classification 08-12-109-030-0000 0419 16140 2022 (2023) ELK GROVE 2-12 09101212023 - 10,10112023 10,10212023 - 1 1J01 120123 11J0212023 - 12/01J2023 LATE INTEREST IS 1.5% PER $0.00 $0.00 $0.00 MONTH,, IBY STATE LAW Pension and Amount of % of Pension and Money Owed by Healthcare Amounts Pension and Healthcare Costs Your Taxing Promised by Your Healthcare Taxiing Districts Districts Taxiing Districts Shortage Cain Pay Northwest IMosquaito Abatement'Wheeling $1,080,667 $7,960,,421 -$824,317 110.36% Metro Water Reclamation Dist of Chicago $3,327,854,000 $3,020,080,000 $1,,168,985,000 61.29% Mt Prospect Park District $18,433,548 $33,278,,233, $3,88,084 98.83% Harper Coll Comm College 612 (Palatine) $385,967,009 $71,570,,388 $71,570,388 0.010% Township HS District 214 (Arlington li $174,084,349 $270,533,,348 -$19,941,244 104.049/6 Mount Prospect Public School District 57 $3,205,837 $30,039,,042 $13,700,096 64.39% Village of Mount Prospect $168,13,7,977 $365,344,,346 $99,691,444 72.71% Town of Elk Grove $1,734,924 $7,056,630 -$1,3,22,183 118.749/6 Cook County (Forest Preserve District $233,103,061 $540,107,,634 $328,420,280 39.19% County of Cook $8,019,310,814 $29,739,673,504 $17,090,063,066 42.63,% Totall $12,332,912,176 $34,0,85,642,,446 $18,759,730,613 For a moire illn-deptlh loolk at government finances and how they affect your taxes, visit cookcountytreasurer-corn PAY YOUR TAXES ONLINE Pay at cookcciuntytreasurencorn from your baulk account or credit card. 2021 TOTAL TAX 14,699.24 2022 ESTIMATE X 55% 2022 1st I N STALLIMEIN T 8,084.68 The Furst Installment aini is 55% of last year's total taxes. Aliexemptions, such as homeowner and senior exemptions, wiflil be reflected on your Second Installment tax biiiiii- 104 E NORTHWEST HWY 100UNT PROSPECT IL 60056 *** Please see 2022 First Installment Payment Coupon, next page *** CAROLYN D STRAHNAAER B 1001 FEEHANVILILE DR 10T PROSPECT IIL 600566006 2�022 First Installment Property Tax Bill Pursuant to Cook County Ordinance 07-0-68, if you are a mortgage lender, loan serviicer, or agent of any entity withiln the meaniing of 35 ILCS 200/20-12, you may not pay using a downloadablle tax biill unless you pay the $5 duplicate bill fee. D -ETACH & ',1C1-L)DE WFIH PAYI'VEN-1I E ----------------- 71LG • Property Index Number (PIN) Volume $0.00 Cook County eBH1I 08-12-109-030-00,00, 049 By 09101123 Click to ay onfine Amount Pei H ltmayingi later, refeir to amounts above. SN 0020220100 RTN 500001075 AN (see PIN) TC 008922 This is an Official DownloadaWe Tax Bill Payment Coupon. GOOK COUNTY TREASURER Please process this coupon along with payment presented. PO BOX 805436 CHICAGO 111- 60680-4116 BUSSE BUILDING 104 W NORTHWEST HIGHWAY MOUNTPROSPECT IL CIVIL ENGINEER OWNER Enk— E.,gh—g A—, Ltd & A.-.— 1- 73 C —.— D, &I, A i WI P -h -,Ilk D, T 1 (.47:22-dM4 T:' 1,847)3-4 62M E rQ-1ld—. E Am R—w. PE AM N� 31. BUSSE BUILDING 100 E NORTHWEST HIGHWAY MOUNT PROSPECT, ILLINOIS 60056 OWNER GENERAL CONTRACTOR ;STRUCTURAL ENGINEER ;ELECTRICAL ENGINEER ;FIRE PROTECTION ENGINEER ;LANDSCAPE ARCHITECT BUSSE 4, LLC NICHOLAS & ASSOCIATES. INC. ML STRUCTURAL. PLLC CS2 DESIGN GROUP CS2 DESIGN GROUP NIA 1971 FEEMWILLE CANE 'poi HEK* ILLS RSE 3'$4 kF CDL STREET, 1W„ e5 G.AY, fM STF ET +.7;,AKTGN STREET 8L0. PRCUIEU BRIM WUNTP QSF T,Ii 6,1-35- FAL`TINE, IL-WJF ELK-+CVE VUAC>£, L 6" s{p'.? ELK GROVE {_N,E. L v2;07 h,e 34i.3p4.82G� MC 14':.&..622 E.,e 224114.PMS WILE: ml %1188"4 �U B47,981 18D E k: 947:jFAX °AX. 1DEYELOPER ARCHITECT MECHANICAL ENGINEER ;PLUMBING ENGINEER ;CIVIL ENGINEER ;INTERIOR DESIGNER NIA STUDIO 222 ARCHITECTS, LLC CS2 DESIGN GROUP CS2 DESIGN GROUP ERIKSSON ENGINEERING ASSOC., LTD. NIA _S. VA&M_TREET. SUII< 4E 8:-'0AKTCN SKEET z �-XMAN STREET143 UJM MUCE MrVE. SUFEA ..p GA f U6111 ELK GRCL E ALLAGE, T WO ELK CRGV I i -E. L GRA—LAKE. 1 - G93p MC 3123RIANr° :£K:€k; *Ai UK' v01.E K4795AW §8'JPCE:54.t2348R FAX 112.85:0.405 0 STUDIO 222 ARCHITECTS GOoo r f 112 E. NORTHWEST HIGHWAY 6 STORY MIXED-USE BUILDING SURVEY PRDVIDED EEEVe672.33 ` \- PR QJECT ®ENCHMAR KS S!T_E.��t°FRY r�'.�A 0200 'a':.tXkRftkk K£RCfES xn v+ U O FL�n2 rti�'�`9FL�3k U a z z 0 A101 0 'a':.tXkRftkk K£RCfES xn v+ U O FL 2?L* :ry FLOM U a z z 0 A102 0 104 E. NORTHWEST HIGHWAY PARKING AGREEMENT THIS PARKING AGREEMENT (the "'Agreement") is made and entered into this day of September 2023, by and between the Village of Mount Prospect, an Illinois home rule municipal corporation (the "Village"), and BUSSE 4, LLC, an Illinois limited liability company (the "Developer"), (at t�imes herein referred to collectiveily as the "Parties"). RVINNIA&Z WHEREAS, the provisions of the Village of Mount Prospect Village Code (the "Village Code") require the Center, as new construction within the B-5 Central Commercial District (the "Downtown District"), to provide off-street parking spaces (the "Off -Street Parking Requirements"), although the Off -Street Parking Requirements may be satisfied through a lease of off-site parking "no more than one thousand feet (1,000') from the use served in the central business district," pursuant to the Village Code; and Mr. -Niall �11117ZXGM- WHEREAS, the Village owns and operates a municipal parking garage, at 30 S. Emerson Street (the "Emerson Street Parking Deck"), which is also located within one thousand feet (1,000') of the Center; and WHEREAS, the President and Board of Trustees find that it is in the best interests of the Village to promote the viability of the Downtown District by the deveilopmeint of projeicts, such as the Center, and that such viability will be promoted by the Villagei's agreement to permit Developer to comply with the Off -Street Parking Requirements through the use of Villagei-owned and maintained parking spaces at the Surface Lots andYor the Emerson Street Parking Deck, to the extent specifically provided for in this Agreement; NOW, THEREFORE, in consideration of the foregoing and the mutual indeirstandings, promises, considerations and agreements as set forth below, the Parties .1ereby agree and covenant as follows: 1 Developer shall request from the Tillage, and the Tillage shall tender to Deveilopey-, on an annual basis, parking permits to authorize parking in parking spaces in the Surface Lots and/or the Emerson Street Parking Deck (the "Permits"), up to a maximum of ten (10) such Permits in aggregate at any given time. These Permits shall be for the use of the Center's employees only. 4449109 -7 2. The Tillage shall also assure the availability, at no cost, of additional spac needed for the Center's patrons ("Patron Spaces"). The Patron Spaces sh consist of all on -street and off-street parking spaces owned by the Village, a I available to the general public, and are located within one thousand feet (1,000 of the Center (Exhibit A). 3. Upon the execution of this Agreement and for the first year thereafter, Developer will not be required to pay a fee for the Patron Spaces and Permits. However, the Village retains the right to assess a fee for Permits if a similar fee is assessed to other downtown business employees in the future. If the Village opts to assess a fee following the first year, the Parties shall mutually agree on a reasonable fee for the Permits and Patron Spaces. 4. The Village shall, in its sole discretion, designate which Surface Lots and whi area(s) within the Village Garage, if any, may be ut�ilized by Developer for parkii under this Agreement. In addition, the Village may, in its sole discretion, designa parking spaces on such other property as the Village may own, lease or otherwi control, for use under this Agreement, so long as such parking spaces are wit one thousand feet (1,000') of the Center. I 5. A detailed description of the designated parking spaces shall be provided Developer upon execution of this Agreement. The Village shall, in its so discretion, have authority to modify such designations at any time upon thirty (3 days prior written notice to Developer, so long as the total of fifty-two (52) parkii spaces continue to be made available to Developer within one thousand fe the Center. 6. The Center's employees shall abide by all Village rules and regulations of gener.2 applicability for display of the Permits and use of public parking facilities �in t Village in effect from time to time. I 7. This Agreement shall remain in full force and efTect for a period of twenty (20) years from and after its effective date. This Agreement may be renewed by the Parties thereafter, for such term, and under such terms and conditions, as the Part�ies may agree to. Notwithstanding the foregoing, if Developer at any time acquires or provides permanently through other means fifty-two (52) parking spaces (alone or in combination with addit�ional spaces andYor uses) for the exclusive use of the Center's employees and within one thousand feet (1,000') of the Center, Developer shall have the right to terminate this Agreement effective as of the end of any calendar month, on not less than thirty (30) days prior written notice to the Village, and the Village agrees to rebate and refund any parking fees paid in advance for calendar months thereafter. 8. The parking spaces referred to in this Agreement have been determined to me -91 the Off -Street Parking Requirements for the Center. I 4449092 9. Any 11otice required undeir this Agreement shall be made in writing and given in person, by overnight deilivery or by certified mail, return receipt requested, addressed to the Parties as follows, or at such other place as either of them may hereafter designate for itself bg to the other, raw 9-m- We =95 I Director of the Finance Department Busse 4, LLC Village of Mount Prospect Attn: Nick Papanicholas Jr. 50 S. Emeirson Street 1001 Feehanville Dr. Mount Prospect, IL 60056 Mount Prospect, IL 60056 Not�ice by mail shall become eiffee three (3) days after the date of mailing, and personal notice or overnight deliveiry notice shall become effective upon delivery. 10. This Agreement shall run with the land for so long as the Center eixists on the Property. In the event that Developer wishes to transfer its interest in this Agreement, and the new owner operates a different use, then the Village shall be free to determine whether it will enter into a similar agreement with the proposed transfeireei. 11. This Agreement may be terminated by the Village, in the event that the Developer, or any of its officers, agents or employees, fails to comply with the teirms hereof, and fails to correct said non-compliance within thirty (30) days of receiiving written notice theireof from the Village. 12. If any provision of this Agreement is found to be invalid, illegal or unenforceable, that provision shall be severable from the rest of this Agreement and the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired. 13. This Agreement shall be goveirned by, and construed in accordance with, the la" of the State of Illinois. Venue shall only be proper in a court of compet- o-• ocated within the County of Cook, Illinois. 4449092 Irl ITITAESSwITAEREOF, the Parties hereto have executed this Agreement as of the dates set forth below, and the date of the last signatory below shall be inserted on page 1 of this Agreement, as the Effective Date of this Agreement VILLAROSPECT, BUSSE 4, LLC an Illinois home rule municipal corporation an Illinois limited liability company Ma MR 4449092 rw� LMAT� = MR19mal Legal Description of the Property Le al Description: Lot 1 in Busse Brothers Resub division of Lots 15 and 16 in Block 12 of Busse and Will -m Resubdivision in Mt. Prospect Subdivision of the East Half of i Quarter Section 12, Township 41 North, Range 11, East of the Third Principal Meridian, in Co Count�y, Illinois I 4449092 0 M m 01 W-11 1+ • '«, • • ,, r III 1 4449092 RESOLUTION NO A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A PARKING AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND BUSSE 4, LLC FOR THE PROPERTY LOCATED AT 104 E. NORTHWEST HIGHWAY (PZ -12-13) WHIEREAS, BUSE 4, LLC has proposed to develop certain real estate for the purpose of constructing and operating a commercial facility, located on the northeast corner of Emerson and Northwest Highway Really described as: Lot 1 in Busse Brothers Resub division of Lots 15 and 16 in Block 12 of Busse and Willes Resubdivision in Mt. Prospect Subdivision of the East Half of the Northwest Quarter in Section 12, Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. WHIEREAS, the provisions of the Village of Mount Prospect Village Code require new construction within the B-5 Central Commercial District, to provide off-street parking spaces, although the Off - Street Parking Requirements may be satisfied through a (lease of off-site parking pursuant to the Village Code; and WHIEREAS, the Village owns certain municipal parking lots and off-street parking spaces within one thousand feet (1,000') of the Subject Property (the "Surface Lots"); and WHIEREAS, the Village owns and operates a municipal parking garage, at 30 S. Emerson Street, which is also located within one thousand feet (1,000') of the Subject Property; and WHEREAS, the President and Board of Trustees find that it is in the best interests of the Village to promote the viability of the Downtown District by the development of projects and that such viability will be promoted by the Village's agreement to permit BUSS,E 4,LLC to comply with the Off -Street Parking Requirements through the use of Village -owned and maintained parking spaces at the Surface Lots and/or the Emerson Street Parking Deck, to the extent specifically provided for in this Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby authorize the Mayor to sign a parking agreement between the Village of Mount Prospect and BUSSE4, LLC for the property located at 104 E. Northwest Highway attached hereto and made part of this Resolution as Exhibit" fig'" SECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: PASSED and APPROVED this 5th day of September 2023. PaW Wm. Hoefert Mayor ATTEST: Karen M. Agoranos ViHage Clerk MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -12-23 Hearing Date: August 24, 2023 PROPERTY ADDRESS: 104 E Northwest Hwy. PETITIONERS: Busse 4, LLC PUBLICATION DATE: N/A REQUEST: VAR: Off -Site Parking Agreement MEMBERS PRESENT: William Beattie Thomas Fitzgerald Walter Szymiczaik Donald Olsen Ewa Weir Greg MV Muller MEMBERS ABSENT: Joseph Donnelly Norbert Mizwicki STAFF MEMBERS PRESENT: Ann Choi — Development Pllainner Mo Khan — Development Planner INTERESTED PARTIES: Vice Chairman Beattie called the meeting to order at 7:01 PM. Vice Chairman Beattie made a motion seconded by Commissioner Weir to approve the minutes from, the Planning and Zoning Commission meeting on July 27, 2023. The minutes were approved S-1. After hearing one item of business, Vice Chairman Beattie introduced the second item, of business- Case PZ -12-23, an Off-site Parking Agreement at 104 E. Northwest Hwy. Mr. Khan exhibited aerial photos of the property from several) exterior perspectives. He explained that the property was colloquially known as the olid Busse Flowers Shop building. Mr. Khan stated that the property was annexed into the Village in 1917 and that the previous two-story mixed-use building was recently demolished by the current property owners, Busse 4 LLC. Mr. Khan stated that the petitioner was proposing to construct a two-story commercia] building with a restaurant/retail) on the first floor and retail/office on the second floor, for a total of 18,SOO sq. ft, or 92SO sq. ft. on each floor of the building. Mr. Khan displayed photos of the subject property's existing conditions, w here the previous building had been demolished. Hle added that the only permit that is currently open for the site is for the new, building to be constructed. Mr. Khan exhibited photos of the plat of survey prior to the building's demolition, along with the proposed site plan for the new building's construction. He reiterated that the proposed building is two PiannBng & Zoning Comnniss6on Meeting—August 24, 2023 PZ -12-23 stories and 18,500 sq. ft. Mr. Khan noted that there willl be no pairking, onsite at the subject property, and that that is the reason for the Off-site Parking, Agreement. He then displayed multiple renderings provided by the applicant. Mr. Khan explained that, since according to code, parking, has to be within 1,000 ft. of the subject property, the Village, is proposing to enter into an Off Site Parking Agreement w rith the property owners to provide the following: 1. "Ten Parking Permits for Employees in Emerson St. Parking, Deck. 2. Customer Parking available at all on -street and off-street parking owned by the Village that are available to the general public within 1,000 ft," Mr. Khan displayed an aerial view map of the subject property with a 1,000 ft. radius, indicating the locations of the applica,blle off-site parking locations. He noted that there are six off-site parking locations—the Emerson St. Parking Deck, the Maple St. Parking Deck, the Metra parking (lots, and the Willow St. Parking, lot. Mr. Khan then provided context of this ag,reement by highllig,hting previous Off -Site Parking Agreements that the Village, has made in the past. These include: 1. Station 34 — 34 S. Main St. 2. Chaise Bank — 2 W. Northwest Hwy. 3. Prospect Plaice —11 W. Prospect Ave. Mr. Khan added thea 34 S. Main St. had ten spots given to them for the Off -Site agreement, Chaise Bank had 17 spots, and Prospect Place 6 spots, respectivelly. Vice Chairman Beattie wanted to clarify if Chase Bank already had onsite parking but that the off-site parking would be supplemental. Mr. Khan confirmed that Chase Bank has onsite parking for customers, and offsite parking for employees, since the employees woulld be parked there longer than Chase customers. Vice Chairman Beattie wanted to clarify if the 104 E. Northwest Hwy. had no onsite parking, and Mr. Khan confirmed this. Mr. Khan stated that staff finds that the staindairds for variaition have been met. Based on these findings, staff recommends that the Planning & Zoning Commission make a motion to adopt staff's findings as the findings of the Pllanning, & Zoning, Commission and recommend approval of the folllowing, motion: "An Off -Site Parking Agreement per Sec. 14.2202-E between Busse 4, LLC and the Village, of Mount Prospect to permit off-site parking per the attached agreement for the property located ait 104 E. Northwest Highway." Mr. Khan stated that the Villlaige Board's decision is final for this case. Vice Chairman Beattie asked if there were any questions for staff. PiannBng & Zoning Comini Meeting—August 24, 2023 PZ -12-23 Commissioner Fitzgerald asked how many on -street parking spots there are in the 1,000 proximity, of the subject property. Mfr. Khan answered that he didn't have the exact number, but that on -street parking, is provided within the 1,000 ft. proximity on Northwest Hlig,hway, Prospect Avenue, Emerson Street and Busse Avenue. Commissioner Fitzgerald asked if people parking also have access to the garages within that vicinity. Mfr. Khan confirmed that those parking will have access to the Emerson St. Parking Deck and the Maple Street Parking deck as well. Vice Chairman Beattie stated that he wais looking through the proposed parking agreement and noticed that there was a miaximum number of ten permits for the Emerson St. Parking Deck. He asked if there were any thoughts by staff or the petitioner about how many spots would be needed to aiccommodate alll of those who need to park near the subject property since it would include a commercial and an office space. Mfr. Khan answered that the ten permitted spots would be for employees onlly, and that the parking, spots for customers will be within the 1,000 ft. radius of the subject property. He added that the purpose of using the nearby parking decks is to create more density and walkable area w here people can walk within the downtown area rather than needing to drive within it. Vice Chairmen Beattie asked if the permitted deck parking would be for all employees filling the space, including restaurant, retail and office employees working at the subject property. Mfr. Khan answered that the proposal from the applicant is a, restaurant on the first floor and retail on the second floor, but an office could also occupy the second floor. He added that the tenants have not yet been identified and that it is a prospective building, but the goal is to have a, restaurant on the first floor and a retail component on the second floor. Vice Chairman Beattie asked if there were any other reserved parking spots in the Emerson St. Parking, Deck aside from the ten permitted, and Mr. Khan answered that only those ten spaces were reserved as part of the agreement. Vice Chairman Beattie asked if other people needing to park in the area would park in the outlined 1,000 ft. vicinity. Mfr. Khan confirmed that indeed other patrons would need to find parking elsew here than the Emerson St. Parking Deck in the 1,000 ft. proximity of the subject property. Vice Chairman Beattie asked if there were any questions for the staff. Commissioner Weir asked what hours that parking across the street at the Metra is available to the public for free. Mfr. Khan answered that he believes the Metra parking lot is available to the public for free after about S or bpm. PiannBng & Zoning Comnniss6on Meeting—August 24, 2023 PZ -12-23 Hearing no further comments or questions from staff, Vice Chairman Beattie swore in the petitioner, Nick Papanicholas of 300 N. Oak Avenue. Mr. Papanicholas mentioned that the subject property wais the old Busse Flowers shop, and that he and his wife purchased the property about a year and a half ago. He added that his wife had a, temporary retail store on the first floor of the building while the two figured out what they were planning to do with the buillding,. Mr. Paipainichollas noted that initially, he and his wife were considering doing, a masonry restoration adaptive reuse of the building, but that the building was literally crumblling, and beyond repair. He added that the building, over 100 years, had had a, series of additions to it so it was not one uniform structure, and therefore woulld have needed a "'`significant lift to get it all cleaned up" to act as all one floor plate. Mr. Papanicholas stated that the second floor wound have been even more challenging, to fix since it was a, bunch of apartments. Mr. Papanicholas stated that he and his wife wanted to maintain the history of the building, so they decided to use heavy masonry, limestone, common Chicago brick, all black ornamental winclows and door systems, aillmost exactly the same roof (line as before, salvaged limestone Busse name pllate that was on the original building from, 1923 or 1928, as well as some old keystones. He added that they grew the floor pllate by +/- 1,000 sq. ft. and that there were previously 4-S parking, spots on the south side of the drive aisle, which was flanked by 2 or 3 dumpsters. Mr. Papanicholas stated that the parking that used to be at the building w�ras in -and -out ailll day, I5-30 minute parking because of the nearby LIPS store. He noted that, even though it was attached to their property, it was not very accessible by the Busse patrons due to the usage of the spaces for the UPS store. Mr. Papanicholas highllig,hted that his and his wife's intent was not to add a specific number of parking spots to the area, but to maximize the footprint and increase density. Hle added that the successes, of nearby provinces such as Arlling,ton Heights, Downers Grove and Elmhurst, have more walkability aillong the line of their retail buildings. He mentioned that by following, through with this agreement, their business will hopefully pave the w ay in Mount Prospect to set a, trend in redevelopment to increase walkability in the downtown area,. Mr. Papanicholas stated that there w�rilll "almost 100%" be a, restaurant on the first floor of their new buillding, and that they are looking at a, potential restaurant on the second floor ars well. He stated that, for the time being, it is only a prospective building and there are currently no tenants lined up to occupy it. He noted that, once the building is finished and tenants have the chance to look at it, the building will fill up quickly with tenants and they will sign long-term hearses. He added that,. w�rith other businesses and vertical buillding,s around the area, it's an up-and-coming place to do business. Vice Chairman Beattie mentioned that ten parking, spots does not seem (like an adequate number of parking to accommodate the businesses that will occupy the prospective building. He added that, with a restaurant and another tenant above the restaurant, that there would be more than ten employees present at any given time who need the parking spots. Mr. Papanicholas responded that the number of spots was agreed upon by themselves and the Village after discussions of potentia] solutions to parking. He added that they've only submitted a, drawing for shell and core so fair, but that there willl be tenant improvements as time goes on for prospective tenants. He stated that once the tenants are in the building, if they demonstrate a higher need for employee parking, it wrilll be something that they could potentially come back in for and submit another request for dedicated parking spots at that time. PiannBng & Zon,ing Comini Meeting—August 24, 2023 PZ -12-23 Vice Chairman Beattie asked if it would be a better plan to "frontload" the parking spots, i.e. adding more than the anticipated' need if there is going to be so much business at the site. He asked if, since ten seems like a small number, if it's a, better idea to have a, larger number in mind at the beginning of the proposal rather than revisiting it later on when the need presents itself. Mfr. Papanicholas responded that it may be a range — perhaps ten to twenty spots that will be reserved — that it is not yet set in stone. He used the example of Emerson's Al�e House, which he stated has a tight footprint and therefore space for parking spots behind it that multiple tenants use. He stated that he believes thait condition exists everywhere in the downtown and that it would probably be better to use a range of numbers rather than an exact number of spots. Vice Chairman Beattie asked staff if the proposed agreement that was in the packet was for ten spaces and that the offsite parking would be commensurate, with thait agreement. He asked staff if they were comfortable with thait number or if more thought on, the number might be needed to move forward with the agreement. For instance, he mentions, a, restaurant or two open up that need to be staffed by more than ten people at a time. Mfr. Khan answered that, at this point in time, staff is comfortable with the agreement of ten parking, spots end that it is possible to amend thait number in the future if needed. Hle added thait they don't want to over -allocate parking spaces for one use ancl then not have enough for the general public. Hle stated that it is better to come, back to the matter incrementally rather than all at once. Vice Chairman Beattie clarified that there are currently ten spots proposed for the Emerson Parking Deck and asked if there would be room to expand beyond ten spaces if needed.4 Mfr. Khan answered that it would be evailluated at the time that the petitioners come back with a, request for additional spots and negotiate the best solution within that 1,000 ft. radius of the subject property. Vice Chairman Beattie asked staff how long the agreement lasts, wholefor instance the duration that the current owners still own the property, or if the agreement would perish with the sale of the property to different owners. Mfr. Khan answered that the agreement is perpetual even if the property is sold to different owners. Vice Chairman Beattie asked staff if future owners of the property would be bound by the agreement or if it would be negotiable depending on their needs. Mfr. Khan answered that, if there are any changes to the agreement, that the petitioners would need to come to the Planning & Zoning Commission and then to the Village Board. However, if there are no changes to the agreement needed, then this agreement would hold up regardless of ownership. Vice Chairman Beattie clarified thait if someone needed extra spaces they would have to come, before the Village Board, and Mr. Khan confirmed that they would indeed have to come before the Village Board. Commissioner Fitzgerald asked staff what the requirement would be for onsite parking, if the space is filled by two restaurants or one restaurant and one retail, etc. PiannBng & Zoning Comnniss6on Meeting—August 24, 2023 PZ -12-23 Mr. Khan answered that the onsite parking requirement for that scenario would be 53 or S4 onsite spaces. Vice Chairman Beattie adds that ten parking spots still seems like a very smailll amount of allocated spaces given the nature of the property use. Mr. Khan responds that the ten parking spots would be for employees only and that the general public could find parking, within the 1,000 ft. radius from the subject property that would make up for that loss in dedicated spaces. He aidded that, historically, the Village hes not had dedicaited customer parking agreements, that there have only been perking agreements for employee parking. Commissioner Fitzgerald stated that he asked the question to gain a general idea, of how many cars are expected to occupy the nearby space. Vice Chairman Beattie again asked staff if they were comfortable with the number of only ten reserved employee spaces in the agreement due to the work involved in aisking, the Village Board for additional spaces if needed. Hle asked if staff was comfortable w rith starting w ith ten spaces. Mr. Khan confirmed that staff were comfortable with starting w�rith only ten spaces for the agreement. Vice Chairman Beattie asked if there was any discussion. Commissioner Fitzgerald mentioned that he agreed with Vice Chairman Beattie's observation about a potential lack of needed perking, spaces depending on the future tenants. He stated that the need will likely vary greatly depending on the future tenants. Commissioner Fitzgerald suggested thait this agreement be revisited at a, later time when tenancy in the building is more solidified. Vice Chairman Beattie added that they waint to see density in the downtown area but they don't want to overload it so that everyone involved needs to be cognizant of the fact that there ere a lot of cars that park downtown; he stated that the Board wants the Village to be vibrant but not congested. Mr. Papanicholas stated that he thinks that the Village should take into account all of the existing horizontal and vertical parking structures as a, "global quantity" in order to fully assess available parking. He stated that he believes the parking spaces in the Village are not filled to capacity, end thait the Maple Street Deck is rarely full. He stated that there is room to grow in the downtown but that he agrees with alll the Planning & Zoning Commission's comments thus far. Vice Chairman Beattie responded that the petitioner tends to bear the risk in that matter due to the fact that they have to know about the area, in which they are conducting business before deciding, to do so. He added that all parties should keep this in mind, and that this matter will likely be revisited in a year or so w Then circumstances inevita,blly change due to tenancy. A Commissioner asked if there wais any parking, behind the subject building. The petitioner answered that there would be no parking behind the subject building,, and that they have proposed enclosures for the dumpsters and transformer, so there is no room for parking there. PiannBng & Zoning Comnniss6on Meeting—August 24, 2023 PZ -12-23 Hearing no further comments or questions, Vice Chairman Beattie closed the hearing and askew for a motion. Commissioner Weir made a motion seconded by Commissioner Szymczaik to approve the following motion: "An Off -Site Parking Agreement per Sec. 14.2202-E between Busse 4, LLC and the Village of Mount Prospect to permit off-site parking per the attached agreement for the property located at 104 E. Northwest Highway." UPON ROLL CALL AYES: Fitzgerald, Szymczak, Weir, Olsen, Beattie, Miller NAYS:None The motion was approved by a vote of 6-0. Vice Chairman Beattie mentioned that it wais Village Board Final. Hearing no more items of business, Commissioner Szymczaik made a motion seconded by Commissioner Fitzgerald and the meeting wais adjourned at 7:40 PM. MIo Khan Development Planner PiannBng & Zoning Comnniss6on Meeting—August 24, 2023 PZ -12-23