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HomeMy WebLinkAbout10/10/2024 P&Z Agenda PacketVillage of Mount Prospect Planning and Zoning Commission Regular Meeting Agenda 50 S. Emerson St. Mount Prospect, IL 60056 October 10, 2024 Village Hall - 3rd Floor Board Room 7:00 PM 1. CALL TO ORDER 2. APPROVAL OF MINUTES 2.1. PZ -12-24 /2004 W Lonnquist BI / VAR: Accessory Structure Location 2.2. PZ -10-24 / 1780 Wall Street / CU: Major PUD Amendment 2.3. PZ -09-24 / 2400 E Oakton St / Plats of Subdivision (Consolidation), Vacation and Easement 3. NEW BUSINESS 3.1. PZ -13-24 / 50 S. Emerson Street / Text Amendments: Tobacco Establishments / Village Board Final 3.2. PZ -11-24 / 950 E. Rand Road / Conditional Use for a Drive -Through / Village Board Final 4. CITIZENS TO BE HEARD 5. QUESTIONS AND COMMENTS 6. ADJOURNMENT ANY INDIVIDUAL WHO WOULD LIKE TO ATTEND THIS MEETING BUT BECAUSE OF A DISABILITY OR NEEDS SOME ACCOMMODATION TO PARTICIPATE, SHOULD CONTACT THE VILLAGE MANAGER'S OFFICE AT 8471392-6000, EXTENSION 5307 Page 1 of 111 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -12-24 PROPERTY ADDRESS: PETITIONER/PROPERTY OWNER: PUBLICATION DATE: REQUEST: MEMBERS PRESENT: MEMBERS ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTIES: Hearing Date: September 12, 2024 2004 W. Lonnquist Boulevard Deemy Rekkas August 28, 2024 A variation from the accessory structure location requirements to allow the installation of a shed in the front yard Joseph Donnelly William Beattie Walter Szymczak Donald Olsen Ewa Weir Greg Miller Jason C. Shallcross — Director of Community Development Ann Choi — Development Planner Deemy Rekkas, Village of Mount Prospect Chairman Donnelly called the meeting to order at 7:01 PM. Vice Chairman Beattie made a motion seconded by Commissioner Szymczak to approve the minutes from the Planning and Zoning Commission meeting on June 27, 2024. The minutes were approved 4-0. Chairman Donnelly introduced Case No. PZ -12-24 / 2004 West Lonnquist Boulevard / Variation from the accessory structure location requirements to allow the installation of a shed in the front yard at the subject property. Ms. Choi stated the subject property is located at the northeast corner of Lonnquist Boulevard and Meier Road, and that the subject property is the only lot with its legal front yard fronting Meier Road along this block. Ms. Choi also stated that the four neighbors to the north all have their rear yards facing Meier Road and that the front yards of these neighboring properties have frontages on Chris Lane, a cul- de-sac. Ms. Choi further stated that the subject property's front yard also faces the parking lot of St. Cecilia's Catholic Church across Meier Road. Ms. Choi presented the next slide which shows photos of the existing property. Ms. Choi provided that the subject property was annexed into the Village in 1969 and that in 2004, the existing single-family home was constructed with various improvements including a swimming pool, since the original Page 2 of 111 construction. Ms. Choi stated that in 2020, a variation was granted via Resolution No. R-12-20 to permit the installation of a privacy fence around the front yard. Ms. Choi explained that the Petitioner proposes to construct a new shed at the northwest corner of the subject property and would encroach past the front elevation of the home and into the legal front yard, which abuts Meier Road. Ms. Choi continued to explain that per code, accessory structures are not permitted in a required front yard; therefore, a variation to construct a shed in the front yard is required. Ms. Choi stated that the proposed shed would be less than ten feet (10') tall and would be mostly screened by the front yard fence. Ms. Choi presented the shed drawings that illustrated that the proposed shed would be 140 square feet (10' x 14') in size with a standard open gable roof with a roof pitch of 5:12. Ms. Choi provided that the proposal was reviewed by the Village's public works department, and it was noted that a drainage swale exists along the north property line carrying stormwater runoff from east to west. Ms. Choi stated that the Petitioner was made aware that corrective measures may be required if it is determined at any time in the future that the shed impedes the flow of stormwater. Ms. Choi presented a table that outlines the requirements for accessory structures. Ms. Choi determined that aside from the location requirement, the shed conforms to all other accessory structure requirements including setbacks, height, and size requirements. Ms. Choi provided that the overall lot coverage and FAR is also below the maximum allowed for a R-1 zoned property. Ms. Choi stated that the proposed variation request meets the standards for a variation and that based on these findings, staff recommends that the Planning and Zoning Commission make a motion to recommend approval of the following: "A variation to the accessory structure location regulations to allow the installation of a shed in the front yard for the property located at 2004 W. Lonnquist Boulevard, subject to the following conditions: 1. The Subject Property shall be developed in general compliance with the approved drawings which consist of the following: a. Plat of Survey, prepared by Spiewak Consulting, dated August 21, 2018, and providing the location of the proposed shed. b. Shed Specifications, prepared by Tuff Shed, Inc., 2 pages, and dated 6/16/23. c. Shed Elevations, prepared by Tuff Shed Inc., and dated 6/20/2024." Ms. Choi stated that the Village Board's decision is final for this case. Chairman Donnelly asked the Planning and Zoning Commission if there were any questions for staff. Vice Chairman Beattie asked Ms. Choi why the frontage along Meier Road becomes the legal front yard for a corner lot in this case. Ms. Choi responded that the definition of frontage in the zoning code places the front yard within the narrowest portion of the lot. Chairman Donnely pointed out that only two- thirds of the front yard is enclosed by a fence on the subject property. Page 3 of 111 Chairman Donnelly swore in the petitioner and property owner, Deemy Rekkas at 2004 West Lonnquist Boulevard, Mount Prospect IL, and asked the petitioner to explain the variation request. Ms. Rekkas explained that she wants to install a shed to store her household and lawn equipment. Chairman Donnelly asked if Ms. Rekkas had spoken with her neighbors and Ms. Rekkas gestured to the audience. Chairman Donnelly made a statement to let the records show that there were a couple of neighbors in the audience who expressed support for the variation request. Hearing no further comments or questions, Chairman Donnelly closed the hearing and asked for a roll call following a motion to approve the variation request. Vice Chairman Beattie made the motion seconded by Chairman Szymczak to approve the following motion: "A variation to the accessory structure location regulations to allow the installation of a shed in the front yard for the property located at 2004 W. Lonnquist Boulevard, subject to the conditions listed in the staff report." UPON ROLL CALL AYES: Szymczak, Olsen, Beattie, Donnelly NAYS: None The motion was approved by a vote of 4-0. After hearing two more items of new business and no citizens to be heard, Vice Chairman Beattie made a motion seconded by Commissioner Szymczak, and the meeting was adjourned at 7:26 PM. Ann Choi Development Planner Page 4 of 111 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -10-24 Hearing Date: September 12, 2024 PROPERTY ADDRESS: 1780 Wall Street PETITIONER: Tom Szafranski, Kimley-Horn PROPERTY OWNER: Lake Center Industrial, LP PUBLICATION DATE: August 28, 2024 REQUEST: A conditional use to amend an existing planned unit development to construct buildings additions related site modifications MEMBERS PRESENT: Joseph Donnelly William Beattie Walter Szymczak Donald Olsen MEMBERS ABSENT: Ewa Weir Greg Miller STAFF MEMBERS PRESENT: Jason C. Shallcross — Director of Community Development Ann Choi — Development Planner INTERESTED PARTIES: Tom Szafranski, Kimley-Horn Village of Mount Prospect Chairman Donnelly called the meeting to order at 7:01 PM. Vice Chairman Beattie made a motion seconded by Commissioner Szymczak to approve the minutes from the Planning and Zoning Commission meeting on June 27, 2024. The minutes were approved 4-0. After hearing one item of new business, Chairman Donnelly introduced the second item of business: Case PZ -10-24, 1780 Wall Street, a request for conditional use approval to amend an existing planned unit development (PUD). The Village Board's decision is final for this case. Ms. Choi stated that the petitioner, Tom Szafranski of Kimley-Horn, is seeking conditional use approval to amend an existing planned unit development for additions to an existing industrial building totaling 17,400 square feet and related site modifications at the subject property located at 1780 Wall Street. Ms. Choi provided some background on the subject property and stated that: Page 5 of 111 • In 1971, the Village annexed approximately 38 acres of vacant property including the Lake Center Plaza which was zoned B-3 with variations and special uses as part of the annexation agreement. • In 1987 the Alter Group came before the Village to request a rezoning, text amendments, and variations to use the site for industrial & office research uses. Also requested and approved was the special use for a PUD to allow buildings in the 1-1 and O -R districts with height relief. • Today, the Lake Center Plaza PUD is composed of 8 parcels encompassing approximately 35 acres and has been rezoned and subdivided through the years since its creation in 1987. Ms. Choi stated that in 2007, the PUD was amended to allow for the consolidation of six lots into two lots on the west side of Wall Street to allow for the construction of two large warehouse buildings. Ms. Choi explained that the subject property is Lot 1 of the Lake Center Subdivision No. 3 and is currently occupied by CVS Health, a division of CVS that is a high-volume mail order pharmacy that dispenses pharmaceuticals directly to their clients. Ms. Choi further explained that Lot 2 is located immediately north of the subject property with three different tenants, and the two lots share a common driveway between the two properties that is covered by an easement granting access to and from both properties. Ms. Choi stated that the Association overseeing the Lake Center Plaza has approved the expansion and has requested that the roadway be kept free of construction debris. Ms. Choi presented a slide with an enlarged site plan illustrating the location of the two additions. Ms. Choi stated that the 12,000 square foot addition will be located along the north side of the building and a 5,000 square foot addition will be located along the west side of the building. Ms. Choi stated that the north addition would remove forty-four (44) standard and two (2) accessible parking spaces from the north parking lot creating a reduced parking lot and a modified driveway, and the west addition would remove twenty-six (26) standard parking spaces. The subject property currently provides three hundred ninety-seven (397) total parking spaces, but this number would be reduced to three hundred twenty- five (325) parking spaces. Ms. Choi stated that the site is more than sufficiently parked. Ms. Choi presented floor plans illustrating the north addition that would be a one-story addition used for single and double row racks for storage up to twenty-four feet (24') in height. Ms. Choi stated that the west addition at the top of the building would also be a one-story addition used for cold, floor storage up to ten feet (10') in height. Ms. Choi further stated that the west wall has a shipping and receiving area with a truck dock door, and that there will also be no automation, dispensing, or walk-ins associated with these additions. Ms. Choi presented the exterior building elevations stated that architecturally, the proposed additions will be composed of insulated precast concrete panels and painted to match the existing building. Spandrel glass windows and future windows would be provided periodically along the upper portion of the additions. Ms. Choi noted that the north addition proposes a bump -out that would be painted in the signature CVS blue color to match a similar accent wall facing Wall Street. The building height would measure slightly above thirty-five feet (35'-0") at its highest point. Page 6 of 111 Ms. Choi presented the landscape plan and stated that the perimeter landscaping would consist of a variety of shade trees and shrubs, and would be provided around the north addition and modified north parking lot. A considerable amount of foundation landscaping will also be provided along the northern addition's north and east facades. Ms. Choi provided that the proposed additions will eliminate seventy-two (72) parking spaces (including 2 accessible spaces). The development will be required to provide a minimum of two hundred eighty- three (283) parking spaces including eight (8) accessible spaces. Parking is sufficient as the development will provide a total of three hundred twenty-five (325) parking spaces including ten (10) accessible spaces. Ms. Choi went on to explain that the proposed request aligns with the Village's long-range plans including the 2017 Comprehensive Plan and the 2020 Connect South Mount Prospect Subarea Plan which promote meeting the changing needs of existing business and focuses on business retention and expansion. Ms. Choi stated that per the Petitioner, the proposed PUD amendment aligns with the standards originally approved for the existing PUD. Per the Petitioner, the architecture of the proposed additions is designed to match the aesthetics of the existing building to maintain a cohesive look throughout the existing business park. The Petitioner states that the use will remain unchanged and that the same business will remain in operation. The Petitioner further states that the proposed additions will allow the existing tenant to increase productivity of their mail-order pharmacy operations and will benefit the community. Lastly, the Petitioner does not anticipate a significant increase in traffic congestion and does not believe an inconvenient/unsafe access or an excessive burden on public facilities will result from the proposed project. Site access for workers and deliveries will remain the same and there will not be a shortage of parking as shown in the supporting documents of this application. Ms. Choi stated that staff finds that the proposed building additions will conform to the bulk requirements and allowed uses in the 1-1 zoning district, will provide more than a sufficient amount of off-street parking, adheres to the Village's Comprehensive Plan and Future Land Use Plan, meets the standards for a planned unit development, is in the public interest, and will not create inconvenient or unsafe access, traffic congestion in the streets, or excessively burden public parks, recreation areas, schools, and other public facilities which serve the planned unit development. Ms. Choi further stated that the proposed additions will allow an existing, longtime tenant of the Village to modernize and expand their facility. Based on the information submitted, the surrounding uses, and the proposed development's compliance with the Village's zoning ordinance and long-range planning documents, Ms. Choi stated that staff finds that the PUD amendment request meets the conditional use and planned unit development standards set forth in Village Code. Based on these findings, staff recommends that the Planning and Zoning Commission make a motion to recommend approval of the following: "Approve a conditional use to amend Ord. 3831, Ord. 5617 and Ord. 6369 of the Lake Center Plaza Planned Unit Development to construct additions totaling approximately 17,400 square feet to the Page 7 of 111 north and west sides of the existing light industrial building and related site modifications for the property located at 1780 Wall Street, Case No. PZ -10-24, subject to the following conditions: 1. The Subject Property shall be developed in strict compliance with the approved development plans which consists of the following: a. Final Engineering and Landscape Plans titled "Final Engineering Plans CVS Pharmacy Expansion", as prepared by Kimley — Horn, with the latest revision date of August 23, 2024; b. Exterior elevations, as prepared by GPD Group, issued August 8, 2024; 2. The Petitioner shall address all comments included in the Village review letter dated August 29, 2024; 3. Compliance with all applicable development, fire, building, and other Village Codes and regulations; 4. Submittal of landscape, irrigation, and photometric plans that comply with Village codes and regulations; and S. The appropriate code analysis, architectural, structural, mechanical, electrical, plumbing, energy, and accessibility drawings shall be prepared for permit application review to the Village." Ms. Choi stated that the Village Board's decision is final for this case. Chairman Donnelly asked the Planning and Zoning Commission if there were any questions for staff and seeing none, Chairman Donnelly swore in the petitioner, Tom Szafranski at 4201 Winfield Road, Warrenville IL, and asked the petitioner to explain the request. Mr. Szafranski explained that there would be two separate building additions and that both would be used for storage. The north addition would be used as typical dry warehouse storage and the west addition would be used for cold storage. Chairman Donnelly asked if any truck bays would be removed. Mr. Szafranski responded that he did not know the exact number but there would likely be a couple of truck bays eliminated and believes the facility could operate without them. Mr. Szafranski added that there would be an additional truck bay installed on the west side of the west addition to help facilitate deliveries. Vice Chairman Beattie asked what is cold storage, and Mr. Szafranski responded that it is refrigeration for pharmaceuticals. Hearing no further comments or questions, Chairman Donnelly closed the hearing and asked for a roll call following a motion. Vice Chairman Beattie made the motion seconded by Chairman Szymczak to approve the following motion: "Approve a conditional use to amend Ord. 3831, Ord. 5617 and Ord. 6369 of the Lake Center Plaza Planned Unit Development to construct additions totaling approximately 17,400 square feet to the north and west sides of the existing light industrial building and related site modifications for the property located at 1780 Wall Street, Case No. PZ -10-24, subject to the conditions listed in the staff report." Page 8 of 111 UPON ROLL CALL AYES: Szymczak, Olsen, Beattie, Donnelly NAYS: None The motion was approved by a vote of 4-0. After hearing one more item of new business and no citizens to be heard, Vice Chairman Beattie made a motion seconded by Commissioner Szymczak, and the meeting was adjourned at 7:26 PM. Ann Choi Development Planner Page 9 of 111 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -09-24 PROPERTY ADDRESS: PETITIONER/PROPERTY OWNER: PUBLICATION DATE: REQUEST: MEMBERS PRESENT: MEMBERS ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTIES: Hearing Date: September 12, 2024 2400 East Oakton Street Rob DiMeo, DiMeo Brothers Inc. August 28, 2024 Final Plat of Subdivision and Grant of Easement Plat of Vacation Joseph Donnelly William Beattie Walter Szymczak Donald Olsen Ewa Weir Greg Miller Jason C. Shallcross — Director of Community Development Ann Choi — Development Planner Rob DiMeo Village of Mount Prospect Chairman Donnelly called the meeting to order at 7:01 PM. Vice Chairman Beattie made a motion seconded by Commissioner Szymczak to approve the minutes from the Planning and Zoning Commission meeting on June 27, 2024. The minutes were approved 4-0. Chairman Donnelly introduced Case No. PZ -09-24 / 2400 E. Oakton Street / Final Plat of Subdivision and Plat of Vacation. Ms. Choi stated the in 2024, the petitioner was granted conditional use approval for a contractor's storage yard via Ord. 6724 (approved on 02/06/2024). As part of the conditional use approval, the petitioner is required to submit a plat of subdivision consolidating the three lots that comprise the subject property. The petitioner is also required to dedicate a ten -foot (10') wide easement exclusively to the Village for a public water main that runs along the entire length of the west lot line of the subject property. For background, Ms. Choi further stated that the Village annexed thirty-six (36) parcels along the south side of Oakton Street in June of this year, and the Village is in the process of designing a watermain extension along Oakton Street to improve fire protection and offer a source of Lake Michigan water to these recently annexed properties. Page 10 of 111 Ms. Choi stated that the petitioner has submitted two plats, a plat of subdivision and a plat of vacation. Ms. Choi presented a slide illustrating the footprint of the contractor's proposed building and the easements granted to Nicor, Com Ed and Illinois Bell run underneath the proposed location of the proposed building. Ms. Choi stated that the petitioner has already submitted for a building permit for the site work and the construction of the building and is currently going through the review process. Ms. Choi explained that the plat of vacation will vacate the existing easements granted to Nicor, ComEd and Illinois Bell as noted in the hatched markings. Ms. Choi explained that the plat of subdivision proposes to create one large 1-1 Limited Industrial parcel from the existing three lots, and would also dedicate a ten -foot (10'-0") wide easement along the west property line of the subject property for a public water main that would connect the water distribution system along Terminal Drive to the future Oakton Street water main extension, and eventually to the recently annexed properties along the Oakton corridor. Ms. Choi stated that the vacation of these easements and the dedication of the new water main to the Village must be recorded with Cook County prior to the issuance of any building permits. Ms. Choi stated that staff is still working with the petitioner on refining the information provided on the submitted plats. Ms. Choi also stated that staff has requested additional, minor changes to the plats and these comments can be found in the Village review letter dated August 22, 2024. Although still under review, staff is requesting a positive recommendation of the attached plats by the Planning and Zoning Commission to assist the petitioner in expediting the approval of their building permit. The final plat will be presented to the Village Board once all comments have been addressed Ms. Choi stated that staff has reviewed the attached plats and found that the plats have been prepared according to all Village codes and requirements and is seeking Village Board approval of the Final Plat of Subdivision. Based on these findings, staff recommends that the Planning and Zoning Commission make a motion to recommend approval of the following: "Approve the plat of subdivision and the plat of vacation that provide for the consolidation of three existing lots into a single lot, the vacation of existing Nicor, ComED and Illinois Bell easements, and the dedication of a 10 -foot easement for a public water main across the west property line, for the property located at 2400 E. Oakton Street, Case No. PZ -09-24, subject to the following condition, subject to the following conditions: 1. The Petitioner shall address all comments included in the Village review letter dated August 22, 2024." Ms. Choi stated that the Village Board's decision is final for this case. Chairman Donnelly asked the Planning and Zoning Commission if there were any questions for staff. Vice Chairman Beattie asked Ms. Choi to confirm that this was just the next step for the petitioner as part of their previous conditional use request. Ms. Choi confirmed in the affirmative. Page 11 of 111 Chairman Donnelly swore in the petitioners and property owners, Mark DiMeo at 737 Washington Avenue, Park Ridge IL and Rob DiMeo at 429 South Prospect Avenue, Park Ridge IL, and their consultant, Dave Kamano with Civil & Environmental Consultants at 1330 East Diehl Road, Naperville IL. Chairman Donnelly explained that this was the second requirement of what the petitioners were already approved for and asked if the petitioners were acceptable to the conditions in the review letter. Mr. Mark DiMeo responded that the review comments were acceptable and that they are still working on the project and that it is a long process. Chairman Donnelly acknowledged that staff has asked the Planning and Zoning Commission to make a positive recommendation to approve the plats even though revisions still need to be made. Hearing no further comments or questions, Chairman Donnelly closed the hearing and asked for a roll call following a motion to approve the plats. Vice Chairman Beattie made the motion seconded by Chairman Szymczak to approve the following motion: "Approve the plat of subdivision and the plat of vacation that provide for the consolidation of three existing lots into a single lot, the vacation of existing Nicor, ComED and Illinois Bell easements, and the dedication of a 10 -foot easement for a public water main across the west property line, for the property located at 2400 E. Oakton Street, Case No. PZ -09-24, subject to the conditions listed in the staff report." UPON ROLL CALL AYES: Szymczak, Olsen, Beattie, Donnelly NAYS: None The motion was approved by a vote of 4-0. After hearing no more items of new business and no citizens to be heard, Vice Chairman Beattie made a motion seconded by Commissioner Szymczak, and the meeting was adjourned at 7:26 PM. Ann Choi Development Planner Page 12 of 111 Subject Meeting Fiscal Impact (Y/N) Dollar Amount Budget Source Category Type Information Item Cover Page PZ -13-24 / 50 S. Emerson Street / Text Amendments: Tobacco Establishments / Village Board Final October 10, 2024 - REGULAR MEETING OF THE MOUNT PROSPECT PLANNING AND ZONING COMMISSION W NEW BUSINESS Action Item The Village has received complaints about local tobacco and vape shops selling tobacco products to underage customers. In Illinois, the minimum age to purchase tobacco products is twenty one (21). The goal of the proposed code revision is to increase scrutiny of tobacco establishments in order to deter business owners from engaging in criminal activity and to further curb illegal sales of tobacco products to persons under twenty one (21) years of age. Discussion Current Review Process in Mount Prospect The Village of Mount Prospect allows tobacco shops by right in B-3, B-4, B-5, and B -5C zoning districts, and vape shops by right in B-3 and B-4 zoning districts. Tobacco lounges are a conditional use in B-3, B-4, B-5, and B -5C zoning districts. Vape lounges are a conditional use in B-3 and B-4 zoning districts. Tobacco establishment owners are required to obtain a business license with an additional tobacco license fee. The business license application is submitted to the Community Development Department and is reviewed for compliance with applicable zoning, building, and fire codes, as well as the standards listed in Chapter 11 Article 8. At this time, there is no requirement for tobacco establishments to undergo any kind of background investigation with the Police Department. Summary of Proposed Changes to the Village of Mount Prospect Code Staff is proposing several updates to the code to increase regulation of tobacco establishments where the primary use is tobacco product sales and / or consumption. Tobacco establishments include tobacco shops, vape shops, tobacco lounges, and vape lounges. 14.604: LAND USE TABLES Staff proposes that tobacco shops, vape shops, tobacco lounges, and vape lounges shall require conditional Page 13 of 111 use approval in the following zoning districts: Land Use B-1 B-2 B-3 B-4 B-5 13-5C 1-1 1-2 1-3 Tobacco lounges C C C C Tobacco shops Vape lounges C C Vape shops P- C, Tobacco product sales and consumption as a primary use would no longer be permitted by right in any zoning district in the Village. Establishments that sell tobacco products as an accessory use (e.g. grocery stores, gas stations) would not be subject to conditional use approval unless otherwise noted in the land use tables. 11.802: APPLICATION FOR TOBACCO ESTABLISHMENT LICENSE Staff proposes a more rigorous business license process for tobacco and vape shops and lounges. "Tobacco establishment" will be a new subtype of license for tobacco product sales and / or consumption as a primary use. Applicants will be required to submit a tobacco addendum with their business license application, and will be required to undergo a criminal record check and fingerprinting with the Mount Prospect Police Department. 11.802.1: APPLICATION FOR TOBACCO SALES LICENSE Staff proposes that other establishments selling tobacco products as an accessory retail use shall obtain a tobacco sales license in conjunction with a valid Class I or Class II business license. Such establishments include but are not limited to gas stations, liquor stores, pharmacy stores, and grocery stores. These establishments will not be required to submit a tobacco addendum, nor will they undergo additional investigation with the Mount Prospect Police Department. 11.803: ISSUANCE OF LICENSE FOR A TOBACCO ESTABLISHMENT Staff proposes that tobacco establishments will be denied a business license if the applicant has been found guilty of certain offenses, if the applicant has made fraudulent statements or omissions in their application, or if the applicant has had a similar permit or license revoked or suspended elsewhere. 11.808: VENDING MACHINES OR SELF-SERVICE DISPLAYS Staff proposes to prohibit tobacco product vending or self-service displays in any form and in any location in the Village. 11.813: SALE OR TRANSFER OR CHANGE OF LOCATION Staff proposes that upon sale, transfer, or relocation of the business, the tobacco establishment license shall be null and void. This provision would not apply to the tobacco sales license afforded to Class 1 and Class 2 businesses that sell tobacco products as an accessory use. Page 14 of 111 STANDARDS FOR TEXT AMENDMENTS The Planning and Zoning Commission shall review the standards and findings of fact outlined in Exhibit A and 1) accept them without changes, 2) accept them with changes, or 3) reject the findings. The Planning and Zoning Commission shall use the findings of fact to guide their recommendation to the Village Board. Alternatives 1. Adopt the text amendments to Chapter 14, Chapter 11, and Appendix A of the Mount Prospect Village Code. 2. Action at the discretion of the Planning and Zoning Commission. Staff Recommendation The proposed text amendments meet the standards contained in Section 14.203(D) of the Zoning Ordinance. Staff requests that the Planning and Zoning Commission make a motion to adopt staff's findings as the findings of the Planning and Zoning Commission and recommend approval of the following motion: 1. "To adopt the text amendments to Chapter 14, Chapter 11, and Appendix A of the Mount Prospect Village Code." The Village Board's decision is final for this case. Attachments 1. PZ -13-24 Staff Report 2. PZ -13-24 Administrative Content 3. PZ -13-24 Attachment 1_Chapter 14 Article 6_Land Use Tables—Redline-09.30.24 4. PZ -13-24 Attachment 2_Chapter 11 Article 8—Tobacco—Redline-09.30.24 5. PZ -13-24 Attachment 3_Appendix A Division II Fees Rates and Taxes—Redline-09.30.24 Page 15 of 111 VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street, Mount Prospect, IL 60056 STAFF REPORT FROM THE DEPARTMENT OF Community Development Jason C Shallcross, AICP, CEcD Antonia Lalagos Director of Community Development Development Planner DATE: October 3, 2024 CASE NUMBER PZ -13-24 PUBLIC HEARING DATE October 10, 2024 BRIEF SUMMARY OF REQUEST APPLICANT/PROPERTY OWNER Village of Mount Prospect PROPERTY ADDRESS/LOCATION 50 South Emerson Street The purpose of this memo is to discuss proposed code amendments to Chapter 14, Chapter 11, and Appendix A of the Village Code. The motivation for the proposed code amendments, a summary of the proposed changes, and their potential impacts are described below. STAFF RECOMMENDATIONAPPROVE APPROVE WITH DENY CONDITIONS PROPOSAL The Village has received complaints about local tobacco and vape shops selling tobacco products to underage customers. In Illinois, the minimum age to purchase tobacco products is twenty one (21). "Tobacco products" includes traditional tobacco leaf products such as cigarettes, cigars, and chewing tobacco and electronic nicotine delivery systems (ENDS) such as e -cigarettes, vapes, and e -cigars. "Tobacco establishments" are businesses where the primary use is tobacco product sales or consumption, such as tobacco shops, vape shops, tobacco lounges, and vape lounges. Tobacco products and tobacco establishments are inclusive of vape products and vape establishments. The goal of the proposed code revision is to increase scrutiny of tobacco establishments in order to deter business owners from engaging in criminal activity and to further curb illegal sales of tobacco products to persons under twenty one (21) years of age. The proposed text amendments to the zoning code are contained in the attached documents. Modifications to each of the chapters are indicated as d and additions. • Attachment 1: Chapter 14, Article 6- Land Use Tables • Attachment 2: Chapter 11, Article 8 - Sale of Tobacco and Related Products • Attachment 3: Appendix A, Division II Fees, Rates and Taxes Information Section 14.2401 provides the following definitions for various types of tobacco establishments: TOBACCO LOUNGE. An establishment where patrons consume tobacco or alternative nicotine products by using combustible tobacco products such as cigarettes, cigars, pipes, and hookah/shisha. TOBACCO SHOP: A retail establishment which offers the sale or distribution of combustible tobacco products (cigarettes, cigars, pipe tobacco, hookah/shisha), smokeless tobacco products, and dissolvable tobacco products. HAPLAN\Planning&Zoning COMM\P&Z 2024\Staff Reports\PZ-1 3-24 50 S Emerson Street (Text Amendments - Tobacco).docx Page 16 of 111 VAPE LOUNGE. An establishment where patrons consume tobacco or alternative nicotine products by utilizing vapes, vaporizers, vape pens, hookah pens, electronic cigarettes (e -cigarettes or e-cigs), e - cigars, e -pipes and other electronic nicotine delivery systems (ENDS). VAPE SHOP: A retail establishment which offers the sale or distribution of vapes, vaporizers, vape pens, hookah pens, electronic cigarettes (e -cigarettes or e-cigs), e -cigars, e -pipes and other electronic nicotine delivery systems (ENDS). These products use an "e -liquid" that may contain nicotine derived from tobacco, as well as flavorings, propylene glycol, vegetable glycerin, and other ingredients. The liquid is heated to create an aerosol that the user inhales. Section 11.102 defines tobacco products in the following manner: ELECTRONIC CIGARETTE OR E -CIGARETTE: Any electronically operated device which may or may not contain nicotine in a combination with other chemicals that are intended to be inhaled as a vapor via vapes, vaporizers, or vape pens, by the user. This is intended to include, but not be limited to, e - cigarettes, e -cigars, e -pipes, hookah pens, vape pens, and any other electronic nicotine delivery system (ENDS). Electronic cigarette excludes any product approved by the United States food and drug administration as a nontobacco product for sale as a tobacco use cessation product or for other medical purposes, and is being marketed and sold solely for that approved purpose. TOBACCO AND RELATED PRODUCTS: For purposes of this chapter and for section 23.603 of this code, tobacco and related products shall include any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, and dissolvable tobacco products, and electronic cigarettes as defined in this article. Current Review Process in Mount Prospect The Village of Mount Prospect allows tobacco shops by right in B-3, B-4, B-5, and B -5C zoning districts, and vape shops by right in B-3 and B-4 zoning districts. Tobacco lounges are a conditional use in B-3, B-4, B-5, and B -5C zoning districts. Vape lounges are a conditional use in B-3 and B-4 zoning districts. Tobacco establishment owners are required to obtain a business license with an additional tobacco License fee. The business license application is submitted to the Community Development Department and is reviewed for compliance with applicable zoning, building, and fire codes, as well as the standards listed in Chapter 11 Article 8. Other retail establishments such as grocery stores, gas stations, liquor stores, and pharmacies are permitted to sell tobacco products as an ancillary use. These businesses are required to obtain a business license, pay the additional tobacco license fee, and are subject to applicable zoning, building, and fire codes, as well as the standards listed in Chapter 11 Article 8. At this time, there is no requirement for tobacco establishments to undergo any kind of background investigation with the Police Department. Summary of Proposed Changes to the Village of Mount Prospect Code Staff is proposing several updates to the code to increase regulation of tobacco establishments where the primary use is tobacco product sales and / or consumption. Tobacco establishments include tobacco shops, vape shops, tobacco lounges, and vape lounges. HAPLAN\Planning&Zoning COMM\P&Z 2024\Staff Reports\PZ-1 3-24 50 S Emerson Street (Text Amendments - Tobacco).docx 2 Page 17 of 111 14.604: LAND USE TABLES Staff proposes that tobacco shops, vape shops, tobacco lounges, and vape lounges shall require conditional use approval in the following zoning districts: Land Use B-1 B-2 B-3 B-4 B-5 B -5C 1-1 1-2 1-3 Tobacco lounges C C C C Tobacco shops -P Vape lounges C C Vape shops P Tobacco product sales and consumption as a primary use would no longer be permitted by right in any zoning district in the Village. Establishments that sell tobacco products as an accessory use (e.g. grocery stores, gas stations) would not be subject to conditional use approval unless otherwise noted in the land use tables. 11.802: APPLICATION FOR TOBACCO ESTABLISHMENT LICENSE Staff proposes a more rigorous business license process for tobacco and vape shops and lounges. "Tobacco establishment" will be a new subtype of license for tobacco product sales and / or consumption as a primary use. Applicants will be required to submit a tobacco addendum with their business license application, and will be required to undergo a criminal record check and fingerprinting with the Mount Prospect Police Department. 11.802.1: APPLICATION FOR TOBACCO SALES LICENSE Staff proposes that other establishments selling tobacco products as an accessory retail use shall obtain a tobacco sales license in conjunction with a valid Class I or Class II business license. Such establishments include but are not limited to gas stations, liquor stores, pharmacy stores, and grocery stores. These establishments will not be required to submit a tobacco addendum, nor will they undergo additional investigation with the Mount Prospect Police Department. 11.803: ISSUANCE OF LICENSE FOR ATOBACCO ESTABLISHMENT Staff proposes that tobacco establishments will be denied a business license if the applicant has been found guilty of certain offenses, if the applicant has made fraudulent statements or omissions in their application, or if the applicant has had a similar permit or license revoked or suspended elsewhere. 11.808: VENDING MACHINES OR SELF-SERVICE DISPLAYS Staff proposes to prohibit tobacco product vending or self-service displays in any form and in any Location in the Village. 11.813: SALE OR TRANSFER OR CHANGE OF LOCATION Staff proposes that upon sale, transfer, or relocation of the business, the tobacco establishment License shall be null and void. This provision would not apply to the tobacco sales license afforded to Class 1 and Class 2 businesses that sell tobacco products as an accessory use. HAPLAN\Planning&Zoning COMM\P&Z 2024\Staff Reports\PZ-1 3-24 50 S Emerson Street (Text Amendments - Tobacco).docx 3 Page 18 of 111 APPENDIX A, DIVISION II FEES, RATES AND TAXES Staff proposes anew fee structure for the annual tobacco establishment license, with the first year fee at $250, and then $100 each year thereafter. The annual tobacco sales license fee will remain at $50. The tobacco vending machine fee will be stricken from the code. STANDARDS FOR TEXTAMENDMENTS The Planning and Zoning Commission shall review the standards and findings of fact outlined in Exhibit A and 1) accept them without changes, 2) accept them with changes, or 3) reject the findings. The Planning and Zoning Commission shall use the findings of fact to guide their recommendation to the Village Board. The proposed text amendments meet the standards contained in Section 14.203(D) of the Zoning Ordinance. Staff requests that the Planning and Zoning Commission make a motion to adopt staff's findings as the findings of the Planning and Zoning Commission and recommend approval of the following motion: 1. "To adopt the text amendments to Chapter 14, Chapter 11, and Appendix A of the Mount Prospect Village Code." The Village Board's decision is final for this case. ATTACHMENTS:C(Zoning MINISTRATIVE CONTENT quest Application, Responses to Standards, etc...) 1 concur: Jason C Shallcross, AICP, CEcD Director of Community Development PLANS (Plat of Survey, Site Plan, etc.) HAPLAN\Planning & Zoning COMM\P&Z 2024\Staff Reports\PZ-13-24 50 S Emerson Street (Text Amendments-Tobacco).docx OTHER (Supplemental Information, Public Comments Received, etc...) 4 Page 19 of 111 Exhibit A Standards and Findings of Fact Section 14.204(D) -Text Amendment Standards Text Amendments: When a text amendment is proposed, the planning and zoning commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters: 1) The degree to which the proposed amendment has general applicability within the Village at large and not intended to benefit specific property. 2) The consistency of the proposed amendment with the objectives of this chapter and the intent of the applicable zoning district regulations. 3) The degree to which the proposed amendment would create nonconformity. 4) The degree to which the proposed amendment would make this chapter more permissive. 5) The consistency of the proposed amendment with the comprehensive plan. 6) The degree to which the proposed amendment is consistent with village policy as established in previous rulings on petitioners involving similar circumstances. Staff's Findings: The proposed changes are applicable to the Village at large and will not benefit a specific property. The amendments will support the Zoning Ordinance purpose, which is to protect and promote the health, safety, comfort, convenience and general welfare of residents of the Village, by curbing sales of tobacco products to underage consumers. The existing tobacco establishments that were established by right will be allowed to continue as existing nonconforming uses unless the ownership changes, the location changes, or the use is discontinued for more than six months. The amendments are intended to make the chapter more restrictive for tobacco -related uses. The proposed changes reflect current Village objectives as outlined in the Comprehensive Plan and is consistent with Village policy as established in previous rulings on tobacco uses. Staff finds that the amendments satisfy the standards as required in Section 14.204(D) of the zoning code. HAPLAN\Planning&Zoning COMM\P&Z 2024\Staff Reports\PZ-1 3-24 50 S Emerson Street (Text Amendments - Tobacco).docx rJ Page 20 of 111 rti(MiltPrmp�� 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 (To be completed by Village Staff) Case Number: P&Z -13-24 - Date of Submission: 09/18/24 Hearing Date: 10/01/24 Project Name/Address: Text Amendments: Tobacco Establishments I. Subject Property Address(es): 50 S Emerson St, Mount Prospect IL Zoning District (s): n/a Property Area (Sq.Ft. and/or Acreage): n/a Parcel Index Number(s) (PIN(s): n/a II. Zoning Request(s) (Check all that apply) ❑ Conditional Use: For ❑ Variation(s): To ❑ Zoning Map Amendment: Rezone From To ❑■ Zoning Text Amendment: Section(s) 14.604; Chapter 11, Article S; Appendix A Division II ❑ Other: III. Summary of Proposal (use separate sheet if necessary) Amendinq text pertaininq to tobacco establishments in Chapter 14, Chapter 11, and Appendix A IV. Applicant (all correspondence will be sent to the applicant) Name: Jason C Shallcross Corporation: Village of Mount Prospect Address: 50 S Emerson St City, State, ZIP Code: Mount Prospect IL 60056 Phone: 847-818-5328 Email: comdev@mountprospect.org Interest in Property: Director of Community Development (e.g. owner, buyer, developer, lessee, architect, etc...) 1 Page 21 of 111 V. Property Owner ❑ Check if Same as Applicant Name: N/A Corporation: Address: City, State, ZIP Code: Phone: Email: In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agent's permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. ,m..aaMc 9/18/24 Applicant: Date: (Signature) Jason C Shallcross (Print or Type Name) If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the zoning request(s) described in this application and the associated supporting material. Property Owner: N/A (Signature) (Print or Type Name) Date: Page 22 of 111 Modifications to the text are indicated as and addiiitiions. 14.604: LAND USE TABLES: LAND USE TABLE 2 COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Land Use B-1 B-2 B-3 B-4 B-5 13- 1-1 1-2 1-3 Page 23 of 111 5C Tobacco lounges C C C C Tobacco shops Vape lounges C C Vape shops 1-1 1-2 1-3 Page 23 of 111 Modifications to the text are indicated as and additions. ARTICLE VIII SALE OF TOBACCO AND RELATED PRODUCTS SECTION: 11.801: License Required 11.802: Application fair III obaccoIlf stalb_Liiishiment III icense 11.802.1 - AIplpliiati on foir 'III °'o1ba o Sales II ii erns 11.803: ticefme-Fee Issuance of 111-iiceirnse -for a "'III'"obacco Ilf;;;'stabliishnrment 11.803.1: Restricted Access 11.804: Prohibited Sales Or Delivery 11.805: Signage Prohibiting Sales To Underage Persons 11.806: Proof Of Age Required 11.807: Certain Distributions Prohibited 11.807.1: Home Deliveries; Consent Form, Person To Person Delivery 11.808: Vending Machines Or Self -Service Displays 11.809: Responsibility For Agents And Employees 11.810: Suspension; Revocation Of License, Fines, Costs 11.811: Use Of Premises After Revocation 11.812: Penalties 11.813: Sale or III'raimn fear oir_Change ofIll.ocatiion 11.801: LICENSE REQUIRED: It shall be unlawful for any person, firm or corporation to sell, give away, deliver, possess with intent to sell at wholesale or retail, possess with intent to give away or deliver for promotional purposes, either retail or wholesale, any tobacco and related products within the Village without first having obtained a license therefor from the Village in the manner provided in this chapter. For the purposes of this chapter, tobacco products includes tobacco related products as defined in article I of this chapter, and includes traditional tobacco leaf products including but not limited to cigarettes, cigars, and chewing tobacco Page 24 of 111 and also electronic nicotine delivery systems including but not limited to e -cigarettes, vapes, and e -cigars. (Ord. 6672, 4-5-2023) Tobacco Lounges, -tolbacco shops, valpe Lounges, -annd valpe shops,- s de'thnned in Section '14.24,01, s1IhaU obtain a tolbacco estalbtusIhinient License. Other estalbtislbirmeints seRfingtolbacco and related products as ainaccessory _iretait_use slnatt obtain a tobacco sates License i_in conjunction with a vaUd Class III or Class 111.111 (business ticennse. Suclh establishments li nctude but are snot Limited -toas stations .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... g liquor stores,lplinarnrmn_acy stores, and _grocery stores_. 11.802: APPLICATION MIR- 11'O1113ACCO Ii:..-'.S"'III"'A1113111,,.111 1HlIMlli.IN"'III"' III,,.IIICIIfir;IN llfir III°very applicant for a_ticeinse tornaiintaiin, operate, or conduct a tclbacc estabtusIhinnermt_slbatt_fite an application, un eir oatlb, with the iiltage of IY ountIIRrospect gulp¢ in a fcrrrm provided by the IDeipaurtin--meant of Coirnnmmuiniity 113evetolprmmeint and 1pay a nonrefundable aru a icara 'baalirineain seeirtli,i.pendix A, diiiviiisiiicin 111111 of this code. Copies of the -tobacco establishment business License application slinatlIbe 'fcir. aur 'ed 't o t11he 11.5 u i I.A.1 ingfinspectoir airnd the Ihnealtlh iiiirnsp c -t ir.. IIE ach such inns ectoir slnatt, withfin t111miiirty ( 0) days, inspect the 1pirenrmmiises proposed -to Ibeopperated as a tolbaccoestalbtislinirmm int aind upcin inspection, each innsppectcur slhmatt fiile a written nrelpoirt with the IC elpartnrmennt of Conrrmirmu.unniity Ill eveta�p.prmrno n.....cot ceiri0.iin cele .ptilaurnce irtlhm the appticalbLe regulations. The application, once accepted, s1hakt also Ibe referred to the Police Ill epairtirneint fcnr linvestii a'tiionn@ "li"Ihne Police II elpanrfurmmontill perforprmn the _1required curiimiiinalnirecord clhmecllk. 1113ackgre_unnd linvestiiigatiions slhmaILt require the submission of fiirngeirlpHin s. 11I"Ihne cost of the criminal record clhnecllk and cost _of fiiirngerpriirnt submissions slhmallll Ibo_Iborinelbythe alplpLiicant 111•aclhnalpipllii_catioirn_slhmaILI_contain the following information - A. A detailed _description of services and products that witt Ibe offered_, urnctuaudinngarny inourm tobacco products and accessories. 1111.The location, ima iliiingadd iress and all telephone inuurmlbeirs where the business -to Ibe connduaucted. C. 111::::edeiraLe rmn to enr identification nnurrmlbeir III""llf;;;'IIIIN and state of llllliiinois Ibu�usinness -tax ...........................................................................................................................................................................................................................................................................................(....................................m in u_mmn Ibenr(III 1113111")_. 111)._ The unairme_and residence ad'dnress of each alplpliicant (att_provisions llniclhm_nrefeim_'to apppticauntt inctude airu_applicant llniiclimimay Ibe a corporation, LinAteUalbility company onr_partnership). Page 25 of 111 1. Illf a_lplpfiioainm, i a ooirpoiratiioirm onr Lrnrmli-te Ilialbrir ,iity ooimpairmy, tlhe_inairmme aind residence addiresses of eaollru of the o'ffioeira and directors of the corporation or company and of each atooiclhmoi 'eir owinfing moire t1hain teen percent(10%) of the stock of the corporation or company, and the a ' ire of the oorrpoiration or company _frtaeff,-rif dirffeireint firormm the addiress of the-tolbacoo ea-talbfi lbrmmeint. m If alplpfioairmt iaa ipanrtrrmeir lhniilp, the irnanrmmea and residence adre eaof eaolllm of the Iparrfrmeirafnnoi.0inrn if_nrmmite _ipanrmirmenr , and the addiress of the _pairmirmerr lhmiilp-itsei,f,_iirf different firoirmm the a ' ireaa of the-tolba000 e talbfi limrmment. III T"Ibe-two (2) previous s a_ddirea e 1immi me iiateiy_Ipiriionr_-to the_Ilpireeennt add nre a_of time a pideaint. III::"'.IP roof t1hat t1he aapipUcaint i s at ileaam teinty one (21_)_yea ira_of aged G. Illin r ii 'ua_t oir Ipairtirmeir lhiiip alfplpfiioanrmtwa Ihmei lhnt_, elght, oolLoir off-eyed,-lllmainr aimed sex III 1._ Copy of Iplhmoto r en-ti-ficatiolrn, such as a diriveir'siiioern e_,_ III One1poirtira_iit Iplbo-to iralplb of the a_Iplpfiioarnt at tease t o finches Iby -two inches (2" x 2°") anrn ' a comlpfete set of alplptiioarn " fnrm eirlpirii rmtIh att Ibe_'tallkeirn_ bythe olhnief of Ipotice or Ihmii fllrmeir agent. 111 tIhmealplptiioaint iia_a 1pairfirneir hilp, Iirniteaftiialbiithty o¢mm nlpairny, or _¢ irlporabierm....tIhe chief. of Ip iiee alhmaRIbave tIfrme nriglhmto irequiinre f111 eir .ri ints of any. and.. attofficers, slhairelhok,deirs,directors, pairtineir, rmmemm°mlbemr , imainageirs oragents of the irnfiiif ` acorn. wit. 'tlhne Ife f r ea c llrn.. J. Ill us9_Irme ,- ooulpatioin, onr err 1ptoyrmneirnt-of tllhmealplpfiiieairnt'foir tlhne_tlimiree_( yeoira irmmur ediiateiy ipireoe iiirm thme date of ai 1piioatiion. IK. ,"11FIhme bushiness liceinse histo o ..1h�e_app-1 i ainrt iiinChidilirm m. 'I wIlan_etlhneir_mmolhmlpeirorrm, iiirmlpire`iieufy olpeira-truing iiia-tlhmiia orr ammo-tlhneir nrmmuirmioiilpaiiity, county or state, IhmaaIhna ' a busfiness tri_oeirm e ire olke ' oir_suspended, the _urea orrm for the revocation or suspension,_and the Ibusiness activity oir_occupation subsequent to such action ofsuspension or revocation; and w Whethersuch person, lin Ipure iiou slly operating in this or anrnotheir nrmmuniciilpatiity, county or state, IhaaIbam1 a_business flined or suspended e foir IIIII'_IID 'folba000 Compliance III eollk w III All o iriirxmiirmai oorm iotion otlllm_enr tllrnain rmmiie ormnearmoir'tnraffio_ iiota-tionrna,iiirmotuiiirn tllhme dates ofconvictions, inatumure of the oir rm es aind Iptaoe coinviorfe _m I _m IlFlheirmarmrme a ind _add iress of a_irmy otllmeir Ibuaiirneaa owned oroperated Iby ainy_lpenraoirm ioaenra.. iiverfin subsection IS of this section. .........r.a.ro w_ deaoiriilptiorn o'f arny a tllmenr_lbuinrmeaa tolbe olpeirated oirm tlhme a_urmne Ipnreirmniiaea or on adjoiniing premises erne our con-tiroUed Iby_'the applicant._ Page 26 of 111 1111. Authorization of the Village, fts agents aind eimpLoyees -to seellk finfoirima-doin and conduct ain investigation finto the tirutlh of the statements set foirth fin the appIlication and the qualifications of the appUlicaint -for the Liceinse. Q.Suclho-tlheirfidein-ti-fica-trioinaind'nin-foirinia-tioininecessairy-todliscoveir-tlhe-tiru-tlhof-tllhe matters required -to The set foirth fin the applicatioin. 1111. Wir1irt-tein statements of at Least'Chiree (3) lboina -fide peirimaineint residents of the .f AJ i.n it em St at e s th at It III e applicant is o good imora.L c1hairacteir. 11:..:.acIh wirittein statement .......... .... ...................... ............... ............. ............... ............................................................................................... .................................................................................................................................................................... sIhaILIL finctude the irefenrenmee's inairne, cuirreint addiress, p1hoine inuimlbeir, and a copy of_a goveirinirineint issued 11111). Illff the applLicaint [is albLe, the statement imust Hirst The furnished -firoirn residents of the vilLILage, thein the county, thein the state of 1111111iiinois, aind lastly -firoim the irest of the United States. "IlFlhese ire-feireinces imust The persons o -their t1hain irelatiives and Ibuinmess associates. Uponthecoim�mpke�ioirm of ,m,;Ihme albo�Miraml d e dfoirim aind the fuirinishin I of all -for oh g .............................................................................................................................................................. ............. .............. . 1 iin-forimation, the IDelpairtrmmeirmm of ormmurmmuniit IIDevekolpirmmeint shall accept the appLication -for the inecessairy iinves-tigations.The hok.deir of a tobacco establishment Hceinse s1haki inotify the IDelpanrtirmmerrmt of Community IDeve lopimeint of each chain ge iin ainy of the data tre.qu fire d to be fu iris ished !by h is section withfint i (M days a air s. u c h c h..a i ge o c curs... ... ...................... ....... en ft .1 1., - 1 IN IF U 111:E" ..801 1 APP.111_11C D ... ..... ..... OR TOBACCO SA.111...E.S .. ....... CEIRS .. .... .. ... . A wirittein application for a tobacco sakes license s1hatIL The nmmade fin wirithingtothe 1111hrectoir of Cornimuini-ty IDevellopirneint or his desiginee aim d s1hatt The processed fin a c c .......... o it d aurin i n c e ............... w i t I h i.r. e q u [i r e ii r n .......... e i n t s ........... s et 'Foirt Ih. i In th 1s c III a pteir. The Liceinse -fee for a -tolbacco sates Uceinse shalk The as set forth fin appeindix A, division 111. 11.803: U C -EN E IIISSUAINCIIE.:.' 0111::::11 1 CIIfiil IN S 111::::0 111"'III"' 01113ACCO 11E."ISTA113111 1 S IH lllmi IN IF The vikkage of IMouint IlPirospect shall issue a Uceinse -for a -tolbacco estalbUsIhimeint if akk ire qt.flireimeints for a tobacco establishment described fin t1his airticle aire imet unkess it flinds- A. "IlFlhe correct Liceinse -fee or o-Cheir -fees or flines owed -to t1he vffiage of Mouint B. "'IlI'lheopeiira-tioiiri,aslpiroposedlby-tllhealpplicaiiri-t,i-fpeirirnri-t-ted,wouLdino-tcoimpLywi-tlh alL applicalbIle laws, finclLuding, lbu-t nm 'k UmIrted to, the village's Ibuiildiing, zoinling, and heattlh regulations; or Page 27 of 111 C. it'Ihmeappliicaint Ihmas Ibeein fow.u_ind guiiillt'y o-f_ainy c -f tlhe'fcllo - ling offeumses our feu ind gumlil_Itty of_ain offeinse outside the state of Illinois t1hat would Ihnave constituted anrny of the -following offeinses if_conmurxmitte _ withinthest'ateof Illinois. 1m A viiolatiioun of -the Illlliii_inoiis 11f31reventiioum of li'olbacco Use Iby_IIIWeirsoins undeir 21 Yea_irs of Ago and Sale aindIll is-bri lbutfon of Tobacco Products Act, 72,0 Illinois Compiled Statutes 675 et seq., as amended firoim-time to timne_m_ 2m Ain offense iumvolviiin the use of foirce and violence a Duro tllmeeirsoin of ainotllhneir ............... g ......................................................... Ip. I. that aummouints -to a fe_lourmym m A iolatiia in of-tllme Illlliii_inoiiis c_¢mumtiretled sulbsta_irnces_act, 720 Illlliiirnols C inmpile _ Statutes570/100 et_se m, as amended firoirmm_Hirmmeto time._ m A violatii in of'tlhe Illlliii_inoiis c_auminalbfs cointirol act, 72,0 Illllilinois umpiiled Sta-totes 550/1 et_ seq., as amended firoumntime _-to time. 5. A feloiny_off eirn_se eumtuirmmeira'ted fin airtiele 24,_dead Ly weapoins,of the _Illlllliineiis criminal ode_,720 Illlllliiino6sCompiled Statutes 5/24 1 et_seelw_,_as aimended firoimrn time to tiurine, or any otheir offense that involves the use of weapoins._ III Ihme village ofIMount I1l3urosllpectirmnay issue a_ License toany person found _guilty of any of -the conies described fin subsections C1 tlhnirouIIIC5 of -this sectionoinl if in determines .........................................................................................................................................................................y that such ffindii_ing of_guilt occurred at_teast'tein (10) years Ilpiriienr to the date of the R. �ueirn't''feleirmyffndiiin s of uflt f any inatuure and inosubsequent irmmiis euimmeainoir ffindings of guilty for a ciriinrme or crimes set -f ortllhm fin this section.((( uirtlhneir, for the purpose of this section,any fiiiindfng_ofguiiitty, i%inclu iiiin ain order ires�u_ttiiurng fin suupeur liisl. in, sllmall aplplye. III)._ Ainy_aplpliicaint (l as Ilkirn_e lirngty irmmade ainy false, irnisteadiing oir firaudu. eint s,tateurmmeint of -fact onr_faile to disclose required iirnfoirurmn_atioinora fact iiin -the licenseapplication air iin ainy otlhmeir document required Iby the village. Ainy_alplpllicaint (bas Ihmad a tolbaccemstalbllislhriirneint emir otlhmeir siiinmfitair Ipeirimit cir liceirnse denied, irevolke ' or suspended by the village or any otheur state, county or (local agency uthiin fine (5)_years _piriior tc tlho_ 'ate of tlho_aplpliicatiion. III Any applicaint is_inot eveir t eintyin(; ( '1) yea irs of age oirold eur. 11.803.1: RESTRICTED ACCESS: Any licensee or any person in the business of selling or otherwise distributing, promoting or advertising tobacco products shall keep tobacco products behind a counter in an area restricted in access to the licensee or the licensee's agents or employees. (Ord. 6672, 4-5- 2023) Page 28 of 111 11.804: PROHIBITED SALES OR DELIVERY: A. It shall be unlawful for any person, firm or corporation to sell, offer for sale, giveaway, or deliver tobacco products to any person under twenty one (21) years of age. B. Persons engaged in the business of retail tobacco deater salesmay engage, employ or permit a person under nineteen (19) years of age to work on the licensed premises, if the person under nineteen (19) years of age has no duties relating to the sale, dispensing, service or delivery of tobacco products on the premises. A licensee who engages, employs or permits a person under nineteen (19) years of age to work pursuant to this subsection shall not assign or permit that person to perform any duties or acts relating to the sale, dispensing, service or delivery of tobacco products on the premises. A licensee who engages, employs or permits persons under nineteen (19) years of age to work as allowed in this subsection shall be responsible for ensuring that such person does not consume, obtain or possess tobacco products on the licensed premises. (Ord. 6672, 4-5-2023) MRyLe3�/_Ce3��:Zi]a1:3��1►Ceyel��ti1�J�U7�:7_[e3�»:1�Y�]►6 Signs informing the public of the age restrictions provided in section 11.804 of this article, shall be posted by every licensee within one foot (1') of every display of tobacco products, and at each cash register or other point of purchase on the premises. Each such sign shall state: The sale of tobacco products to persons under twenty one (21) years of age is prohibited by law. A photo identification showing proof of age shall be required of everyone under twenty seven (27) years of age desiring to purchase tobacco products. Violations shall be reported to the Police Department. Said sign(s) shall be plainlyvisible and shall measure at least eight and one-half inches (81/2") in height and eleven inches (11 ") in width. Lettering on said sign shall be at least one-half inch (1/2") in height. Said signs shall also inform the public that the Village Police Department is to be contacted should the law be violated. (Ord. 6672, 4-5-2023) 11.806: PROOF OF AGE REQUIRED: No tobacco products may be sold to any person under twenty seven (27) years of age unless that person has provided, at the point of purchase, a photo identification showing date of birth. (Ord. 6672, 4-5-2023) 11.807: CERTAIN DISTRIBUTIONS PROHIBITED: It shall be unlawful for any licensee or any person in the business of selling or otherwise distributing, promoting or advertising tobacco products, or any employee or agent of any Page 29 of 111 such licensee or person in the course of such licensee's business, to deliver tobacco products to any person on any right-of-way, playground, park, or other property owned by the Village, any School District, any Park District, or any public library. (Ord. 6672, 4-5- 2023) 11.807.1: HOME DELIVERIES; CONSENT FORM, PERSON TO PERSON DELIVERY: A. It shall be unlawful to deliver tobacco products to a residence in the Village, unless the delivering agency has, on file at the time of delivery, an original consent form, executed by a person twenty one (21) years of age or older in the presence of an employee of the delivering agency. B. It shall be unlawful to make a home delivery of a tobacco product except by face to face delivery into the hands of an individual providing proof that he or she is twenty one (21) years of age or older. (Ord. 6672, 4-5-2023) 11.808: VENDING MACHINES OR SELF-SERVICE DISPLAYS: A. It shall be unlawful for any person to sell or offer for sale, giveaway, deliver or to keep tobacco products with the intention of selling, giving away, or delivering such products by use of a vending machine or self-service display. • 9 11.809: RESPONSIBILITY FOR AGENTS AND EMPLOYEES: Every act or omission of whatsoever nature constituting a violation of any of the provisions of this article by any officer, director, manager, or other agent or employee of any licensee, shall be deemed and held to be the act of such licensee; and such licensee shall be punished in the same manner as if such act or omission had been done or omitted by the licensee personally. (Ord. 4189, 5-15-1990; amd. Ord. 4914, 3-3-1998; Ord. 6672, 4-5- 2023) 11.810: SUSPENSION; REVOCATION OF LICENSE, FINES, COSTS: Page 30 of 111 A. The Village President may fine and/or suspend and/or revoke the tobacco esta lUshirmment license or the tobacco saleslicense of any licensee that the Village President determines has violated any Village regulation or other law of any kind or nature if the violation is related to the operation of the licensed premises. In addition, the Village President may fine any individual that the Village President determines has violated any provision of this chapter even if that individual is not a licensee. The procedure for declaring and enforcing such fine, suspension or revocation shall be as follows: 1. The Village Manager, the Chief of Police or the Village Attorney may file a written charge of a violation with the Village President. 2. The charges shall be served on the licensee. The charges shall set a hearing date and time informing the licensee of the right to such hearing for the purpose of presenting evidence to dispute the charges. The matter shall be set for a hearing to take place not less than seven (7) nor more than twenty one (21) days after service of the charges on the Licensee. 3. The Village President may, in writing, delegate to the Village Manager the authority to confer with the licensee with respect to any charges. However, the penalty to be assessed and any waiver of a hearing shall be subject to the Village President's final approval. 4. If the licensee fails to respond to the charges, the Village President may enter a default order against the licensee. 5. If the Village President sustains the charge or any portion of it either after default, hearing or conference, the Village President may, bywritten order, suspend or revoke the tobacco license and/or mayfine the licensee. The fine may be in addition to a revocation or suspension. If the Village President decides to suspend the license, the term of the suspension shall be within the discretion of the Village President. 6. If, after the conclusion of the hearing, the Village President finds the licensee to be guilty of any charges, the licensee will be responsible for all costs incurred for the hearing, including, but not limited to, court reporter fees, witness fees and attorney fees. This shall be in addition to any other penalties assessed against the licensee. 7. All proceedings before the Village President shall be recorded and placed in a certified official record of such proceedings taken and prepared by the certified court reporter. B. In addition to any other powers set forth in this chapter, the Village President may immediately suspend, pending the exercise of the right to a hearing, the privilege of service of tobacco products of any licensee who does not display a currently valid State or local tobacco license or who in the judgment of the Village President is operating the business in such a manner as to endanger the health or safety of patrons of the premises or of the community. Page 31 of 111 C. The fines imposed shall bean amount set forth in appendix A, division III of this Code, for each violation. D. The licensee shall pay any said fines and costs assessed under this section to the Village within thirty (30) days of notification of the costs by the Village President. Failure to pay said costs within thirty (30) days of notification shall be cause for immediate revocation of the license. No hearing as set forth in this article shall be necessary for revocation for failure to pay hearing costs. (Ord. 6434, 2-19-2019; amd. Ord. 6672, 4-5- 2023) 11.811: USE OF PREMISES AFTER REVOCATION: When any license shall have been revoked for any reason, no subsequent license shall be granted for that premises or to the licensee or any principal agent or manager of that Licensee for a period of six (6) months thereafter for the conduct of the business of selling "tobacco products" as defined in this chapter in the premises of the revoked license. (Ord. 6672, 4-5-2023) 11.812: PENALTIES: Nothing herein shall prevent the Village from proceeding against a licensee in the Circuit Court in lieu of administrative proceedings. Any person found guilty of violating any provisions of this article shall be fined an amount set forth in appendix A, division III of this Code, for each offense. A separate offense shall be deemed to have been committed on each day during or on which a violation occurs or continues. (Ord. 6672, 4-5-2023) 11.813. SAL -111:;° 0111 "I"III AINSIII""111....'.111 01111, C111 IAN IIf;° OIIf:" 111-OCKTIII N: UP in sale, tir _irnsfeir_ it irelocation of a-tolbacco establishment, meirnt, tlhe_'tolb o estalbll,ishirneint license shall Ilse null and void. Page 32 of 111 Modifications to the text are indicated as and additions. DIVISION II FEES, RATES AND TAXES CHAPTER 11 - MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS Section 11.407: CLASS I ESTABLISHMENTS: Gross Floor Area Annual A. In Square Feet Fee 0- 999 $60.00 1,000- 2,499 75 2,500 4,999 100 5,000- 9,999 125 10,000- 19,999 150 20,000- 29,999 200 30,000- 39,999 250 40,000- 49,999 300 50,000- 74,999 350 75,000- 99,999 425 100,000 and over 600 Section 11.408: CLASS II ESTABLISHMENTS: Gross Floor Area Annual A. In Square Feet Fee 0- 999 $135.00 1,000- 2,499 150 2,500 4,999 175 5,000- 9,999 200 10,000- 19,999 225 20,000- 29,999 275 Page 33 of 111 30,000- 39,999 350 40,000- 49,999 425 50,000- 74,999 500 75,000- 99,999 600 100,000 and over 700 Section 11.409: HIGH HAZARD SURCHARGE: A. Surcharge: 150% of the business' annual fee. B. Surcharge: 150% increase in the inspection limit. Section 11.410: MIDYEAR FEE REDUCTION: 50% of annual fee. Section 11.411: TRANSFER OF LICENSE: Fee: $20.00. Section 11.412: LATE PAYMENTS FOR LICENSE RENEWALS: A. Fee received in the month of January: 110% of the annual license fee. B. Fee received in the month of February: 125% of the annual license fee. C. Fee received in the month of March: 150% of the annual license fee. D. Fee received in the month of April: 175% of the annual license fee. E. Fee received after April 30 but before July 1: 200% of the annual license fee. Section 11.506: LICENSE FEE: Up to 120 days, maximum: $150.00 Up to 1 month: $75.00 Per day, for any period less than one month: $20.00 per day. Section 11.603 A: LICENSE FEES; TERM: Page 34 of 111 Fee: $200.00 per license term. State licensed contractors are exempted from payment; only proper registration required. Section 11.702: APPLICATION FOR MASSAGE ESTABLISHMENT: First year: $250.00; each year thereafter (annually): $100.00. Section '11.802: AII?- 11P111J11CA"'III"'1I1OIN 111:°01111 "'III"'0111 ACCO IES"i"A11 11,,,,IIISII IIMIlfirIN III' III,.IIICIIIirINSIE. Ill:: first year. $250.00; each year theire fteir (annually). $_100.00. E-- Sectiion '11.802.1 m AIIf:�III.�III,.IIICA"il"IIIOI ' I11::::01111 "'III"'0111 AOOO SAIIIJES 111,.111 C Illi° IN S Illi."w $50.00 annually. Section 11.904: APPLICATION FOR LICENSE: C. Nonrefundable application fee: $25.00. If, at the end of 120 days, a raffle license holder wants to extend the license in order to continue issuing or selling chances for a single raffle for up to, but no more than 54 weeks, it shall pay an additional nonrefundable fee of $250.00. Page 35 of 111 Subject Meeting Fiscal Impact (Y/N) Dollar Amount Budget Source Category Type Information Item Cover Page PZ -11-24 / 950 E. Rand Road / Conditional Use for a Drive -Through / Village Board Final October 10, 2024 - REGULAR MEETING OF THE MOUNT PROSPECT PLANNING AND ZONING COMMISSION N NEW BUSINESS Action Item BRIEF SUMMARY OF REQUEST The Petitioner, Lakeside Bank, is requesting conditional use approval to re- establish a drive-through associated with a bank, and other relief from the Village of Mount Prospect Village Code as may be required for this project. The subject property is commonly known as 950 E Rand. The Village Zoning Code designates the Subject Property as B-3 Community Shopping. The proposal requires Village Board approval for the conditional use. The proposal meets the requirements and standards related to the Village Code, and staff is supportive of the request. Ilicr_im--inn BACKGROUND/ PROPERTY HISTORY The Subject Property was annexed by the Village in 1957 and first developed in 19E "Brown's Chicken," which operated until 2009. The property was then developed as drive-through Chase Bank in 2011 which operated until December 2020, when Cha: opened a new location in Downtown Mount Prospect. The property became part of < Planned Unit Development (PUD) via Ord. No. 6148 in 2014. Conditional Use History: When Chase Bank opened in 2011, the Village Board pa Ordinance No. 5820, granting a conditional use for a four -lane drive-through. Howe a hearing to re-establish the conditional use is necessary because the property has vacant for nearly four years and section 14.203 (F) of the Village Code of Ordinanc( states: "The conditional use shall expire if the conditional use shall cease for more i twelve (12) months for any reason." Page 36 of 111 Rand Road Expansion: Additionally, a widening of Rand Road was completed in 2 which caused the removal of mature landscaping and several trees, as depicted in t diagram below: PROPOSAL The Petitioner proposes to re-establish the existing commercial building as a bank, maintaining all exterior improvements made to the property by Chase in 2011. As proposed, the project requires conditional use approval to re-establish the use of th existing drive-through lanes. The various elements of the proposal are outlined bel( Site Plan: The proposed site plan indicates that the existing 4,229 square foot buil will be maintained on the Subject Property along with the four existing drive-throuc lanes. The Subject Property is currently accessed from two entrances along the Mount Pro Plaza parking lot access drive. The project proposes maintaining these existing accE Page 37 of 111 points. As the existing site layout is maintained, bank patrons can enter the bank parking lot via the two-way northwest access point. They can either park or proceel the drive-through. There are fourteen parking spots, including two accessible spots drive-through patrons, the two-lane drive continues along the southern frontage of lot and wraps around the eastern frontage. On the eastern frontage, there are four existing drive-through lanes which will be maintained. After patrons utilize the banl, services, they may continue north to the Mount Prospect Plaza frontage road. Additionally, there is an exit to a plaza parking lot next to the drive-through area, a well as seven additional on-site parking spaces. As the existing property is simply being opened as another bank with no major alterations to the exterior of the site, all bulk requirements of the building still confc to Village codes. Hours of Operation: Other Lakeside Bank locations in the region operate at norm< business hours and this location at 950 E Rand is expected to follow the same. The proposed hours of operation are as follows: Monday - Friday 8:00 AM to 5:00 PM, Saturday from 9:00 AM to 1:00 PM, and closed on Sunday. Parking: No changes to the existing parking lot are proposed as part of this applici The Village Code requires three parking spaces per 1,000 square feet of gross floor for banking facilities. The proposed 4,299 square foot bank requires thirteen parkin spaces. The site exceeds the required parking spaces by providing a total of twenty parking spaces. Traffic: This site was previously used as a bank, so a traffic impact study was not required by staff. No significant traffic challenges are anticipated to be created by tl proposed use, based on observed traffic impacts created by the previous bank user Drive -Through Stacking and Service Vehicle Staging: Per the Drive -Through Stacking & Service requirements, four stacking spaces are required for each windov The site provides adequate space for four or more cars to stack at each of the four drive-through windows. The stacking layout is shown on Site Plan A1.0 allowing a 1 maneuvering lane. Building Elevations: The attached elevations indicate the existing building will be maintained. It is composed of a mix of stone and brick. Signage: The attached sign package illustrates the proposed signs for the Subject Property. With some minor revisions, signage shall be allowed as presented on the drawings dated 08/05/2024 from Stratus Unlimited. The sign package includes wall signs, canopy signs, a freestanding sign, and on-site directional signs. All are typicz drive-through bank and will replace signs that previously existed and will be requirE meet code. Landscaping: The proposed site landscaping meets code. The landscaping is an Page 38 of 111 improvement over the existing conditions with the new user maintaining existing planting beds and, in many cases, improving them with additional plantings. Notabl the proposed landscape plan indicates a continuous row of permanent peripheral landscaping in the form of Feather Reed Grass (decorative tall grass) along the Ran Road Frontage. This replaces landscaping that was removed in 2023 during the Rar Road widening project. Lighting Plan: The existing lighting system was last updated in 2011 and will be maintained. COMPREHENSIVE PLAN DESIGNATION The Comprehensive Plan's Future Land Use Map designates the Subject Property as Corridor Commercial which includes developments on predominantly large sites witl stand-alone type commercial uses and auto -oriented commercial uses such as gas stations or drive-through establishments. Key characteristics of the district include providing a mix of uses that serve the needs of residents, encouraging infill and redevelopment opportunities to provide a broader mix of uses. Corridor commercial are typically located in high visibility areas along major corridors. The proposed use located at one of the most prominent intersections and gateways into the Village. I1 an auto -oriented commercial use that will provide banking services to residents fro[ within and around the Mount Prospect; therefore, the Petitioner's proposal is consis with the long-range goals of the Comprehensive Plan. CONDITIONAL USE STANDARDS The standards for conditional uses are listed in Section 14.203.F.8 of the Village Zo Ordinance and include seven specific findings that must be made in order to approv conditional use. The following list is a summary of these findings: • The conditional use will not have a detrimental impact on the public health, s< morals, comfort, or general welfare; • The conditional use will not be injurious to the use, enjoyment, or value of otl properties in the vicinity or impede the orderly development of those properti • There is adequate provision for utilities, drainage, and design of access and e 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 The Petitioner's request to re-establish a drive-through bank meets the standards fl conditional use. The drive-through lanes would be maintained from the previous us, the east side of the Subject property. Staff is supportive of the Petitioner's conditional use request as the request meets t standards for a conditional use. The site was previously used as a drive-through bai nine (9) years and no adverse impacts are expected upon the reopening of the driv through. The proposed use complies with the Comprehensive Plan and conforms wi- Page 39 of 111 Village code. Alternatives 1. To approve a conditional use to allow four drive-through lanes at the property commonly known as 950 East Rand Road, subject to the conditions outlined in the staff report. 2. Action at the discretion of the Planning and Zoning Commission. Staff Recommendation Staff finds that the standards for conditional use have been met. Based on these findings, staff recommends that the Planning and Zoning Commission make a motion to adopt staff's findings as the findings of the Planning and Zoning Commission and recommend approval of the following motion: "To approve a conditional use to allow four drive-through lanes at the property commonly known as 950 East Rand Road, subject to the following conditions: 1. The site shall be developed in strict conformance with the following plan sets: o The "Lakeside Bank - Mount Prospect Plaza" plan set prepared by IRB Group Architects, dated 5/17/2023, with latest revision date of 09/16/2024. o The "'Lakeside Bank Landscape Plan" prepared by Craig M. Patten Landscape Architecture, dated 5/17/2023, with latest revision date of 09/16/2024. 2. No more than ten percent (10%) of the area of any directional sign may be used to identify any business, product, or service." The Village Board's decision is final for this case. Attachments 1. PZ -11-24 Staff Report 2. PZ -11-24 Administrative Content 3. PZ -11-24 Plans - Site Plan, Elevations, Landscaping, Photometric, Signs Page 40 of 111 VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street, Mount Prospect, IL 60056 STAFF REPORT FROM THE DEPARTMENT OF Community Development Jason Shallcross, AICP, CEcD Director of Communitv Development DATE: September 30, 2024 CASE NUMBER PZ -11-24 PUBLIC HEARING DATE October 10, 2024 Charlie Hogan, AICP Develoament Planner APPLICANT/PROPERTY OWNER Lakeside Bank/ LBX Mount Prospect TH LLC PROPERTY ADDRESS/LOCATION 950 East Rand Road BRIEF SUMMARY OF REQUEST The Petitioner, Lakeside Bank, is requesting conditional use approval to re-establish a drive-through associated with a bank, and other relief from the Village of Mount Prospect Village Code as may be required for this project. The subject property is commonly known as 950 E Rand. The Village Zoning Code designates the Subject Property as B-3 Community Shopping. The proposal requires Village Board approval for the conditional use. The proposal meets the requirements and standards related to the Village Code, and staff is supportive of the request. 2022 Village of Mount Prospect Zoning Map ZQ -- B3* Subject Property v a MT PROSPECT PLAZA , B 4 IDES PLAINES EXISTING EXISTING LAND USE/ SURROUNDING ZONING & LAND USE ZONING SITE IMPROVEMENTS North: B-3* Community Shopping PUD (Mount Prospect B-3* Vacant commercial Plaza) East: B-3* Community Shopping PUD (Mount Prospect Community building Plaza) Shopping PUD South: B-3 Community Shopping (Mattress Firm) West: B-3* Community Shopping PUD (U.S. Bank and Mount Prospect Plaza) STAFF RECOMMENDATION APPROVE PPROVE WITH CONDITIONS SIZE OF PROPERTY 0.73 Acres DENY 1 Page 41 of 111 BACKGROUND/PROPERTY HISTORY The Subject Property was annexed by the Village in 1957 and first developed in 1988 as "Brown's Chicken," which operated until 2009. The property was then developed as a drive-through Chase Bank in 2011 which operated until December 2020, when Chase opened a new location in Downtown Mount Prospect. The property became part of a Planned Unit Development (PUD) via Ord. No. 6148 in 2014. Conditional Use History: When Chase Bank opened in 2011, the Village Board passed Ordinance No. 5820, granting a conditional use for a four -lane drive-through. However, a hearing to re-establish the conditional use is necessary because the property has been vacant for nearly four years and section 14.203 (F) of the Village Code of Ordinances states: "The conditional use shall expire if the conditional use shall cease for more than twelve (12) months for any reason. " Rand Road Expansion: Additionally, a widening of Rand Road was completed in 2023, which caused the removal of mature landscaping and several trees, as depicted in the diagram below: PROPOSAL The Petitioner proposes to re-establish the existing commercial building as a bank, maintaining all exterior improvements made to the property by Chase in 2011. As proposed, the project requires conditional use approval to re-establish the use of the existing drive-through lanes. The various elements of the proposal are outlined below. Site Plan: The proposed site plan indicates that the existing 4,229 square foot building will be maintained on the Subject Property along with the four existing drive-through lanes. 2 Page 42 of 111 The Subject Property is currently accessed from two entrances along the Mount Prospect Plaza parking Lot access drive. The project proposes maintaining these existing access points. As the existing site Layout is maintained, bank patrons can enter the bank parking lot via the two-way northwest access point. They can either park or proceed to the drive-through. There are 14 parking spots, including 2 accessible spots. For drive-through patrons, the two-lane drive continues along the southern frontage of the lot and wraps around the eastern frontage. On the eastern frontage, there are four existing drive- through lanes which will be maintained. After patrons utilize the banking services, they may continue north to the Mount Prospect Plaza frontage road. Additionally, there is an exit to a plaza parking lot next to the drive-through area, as well as a 7 additional on-site parking spaces. As the existing property is simply being opened as another bank with no major alterations to the exterior of the site, all bulk requirements of the building still conform to Village codes. Hours of Operation: Other Lakeside Bank locations in the region operate at normal business hours and this location at 950 E Rand is expected to follow the same. The proposed hours of operation are as follows: Monday— Friday 8:00 AM to 5:00 PM, Saturday from 9:00 AM to 1:00 PM, and closed on Sunday. Parking: No changes to the existing parking lot are proposed as part of this application. The Village Code requires three (3) parking spaces per 1,000 square feet of gross floor area for banking facilities. The proposed 4,299 square foot bank requires thirteen (13) parking spaces. The site exceeds the required parking spaces by providing a total of twenty-one (21) parking spaces. Traffic: This site was previously used as a bank, so a traffic impact study was not required by staff. No significant traffic challenges are anticipated to be created bythe proposed use, based on observed traffic impacts created bythe previous bank user. Drive -Through Stacking and Service Vehicle Staging: Per the Drive -Through Stacking & Service requirements, four (4) stacking spaces are required for each window. The site provides adequate space for four (4) or more cars to stack at each of the four (4) drive-through windows. The stacking Layout is shown on Site Plan A1.0 allowing a 10'-0" maneuvering lane. Building Elevations: The attached elevations indicate the existing building will be maintained. It is composed of a mix of stone and brick. Signage: The attached sign package illustrates the proposed signs for the Subject Property. With some minor revisions, signage shall be allowed as presented on the drawings dated 08/05/2024 from Stratus Unlimited. The sign package includes wall signs, canopy signs, a freestanding sign, and on-site directional signs. All are typical of a drive-through bank and will replace signs that previously existed and will be required to meet code 3 Page 43 of 111 Landscaping: The proposed site landscaping meets code. The landscaping is an improvement over the existing conditions with the new user maintaining existing planting beds and, in many cases, improving them with additional plantings. Notably, the proposed landscape plan indicates a continuous row of permanent peripheral Landscaping in the form of Feather Reed Grass (decorative tall grass) along the Rand Road Frontage. This replaces landscaping that was removed in 2023 during the Rand Road widening project. Lighting Plan: The existing lighting system was last updated in 2011 and will be maintained. COMPREHENSIVE PLAN DESIGNATION The Comprehensive Plan's Future Land Use Map designates the Subject Property as Corridor Commercial which includes developments on predominantly large sites with stand-alone type commercial uses and auto -oriented commercial uses such as gas stations or drive-through establishments. Key characteristics of the district include providing a mix of uses that serve the needs of residents, encouraging infill and redevelopment opportunities to provide a broader mix of uses. Corridor commercial uses are typically located in high visibility areas along major corridors. The proposed use is located at one of the most prominent intersections and gateways into the Village. It is an auto -oriented commercial use that will provide banking services to residents from within and around the Mount Prospect; therefore, the Petitioner's proposal is consistent with the long-range goals of the Comprehensive Plan. CONDITIONAL USE STANDARDS The standards for conditional uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a conditional use. The following List is a summary of these findings: • The conditional use will not have a detrimental impact on the public health, safety, morals, comfort, or general welfare; • The conditional use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; • There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • The request is in compliance of the conditional use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances The Petitioner's request to re-establish a drive-through bank meets the standards for a conditional use. The drive-through lanes would be maintained from the previous user on the east side of the Subject property. Staff is supportive of the Petitioner's conditional use request as the request meets the standards for a conditional use. The site was previously used as a drive-through bank for nine (9) years and no adverse impacts are expected upon the reopening of the drive-through. The proposed use complies with the Comprehensive Plan and conforms with Village code. 4 Page 44 of 111 Staff finds that the standards for conditional use have been met. Based on these findings, staff recommends that the Planning and Zoning Commission make a motion to adopt staff's findings as the findings of the Planning and Zoning Commission and recommend approval of the following motion: "To approve: 1. A conditional use to allow four drive-through lanes at the property commonly known as 950 East Rand Road, subject to the following conditions: a. The site shall be developed in strict conformance with the following plan sets: The "Lakeside Bank— Mount Prospect Plaza" plan set prepared byJRB Group Architects, dated 5/17/2023, with latest revision date of 09/16/2024. II. The "Lakeside Bank Landscape Plan" prepared by Craig M. Patten Landscape Architecture, dated 9/06/2024, with latest revision date of 09/16/2024. b. No more than ten percent (10%) of the area of any directional sign maybe used to identify any business, product, or service." The Village Board's decision is final for this case. DMINISTRATIVE CONTEN PLANS ATTACHMENTS: (Zoning Request Application, Responses to (Plat of Survey, Site Plan, etc.) Eg!iEE) I concur: Jason Shallcross, AICP, CEcD Director of Community Development 5 Page 45 of 111 Exhibit A Standards and Findings of Fact CONDITIONAL USE STANDARDS Section 14.203.F.8 of the Village of Mount Prospect Zoning Ordinance provides that a Conditional Use shall conform to the following requirements: 1. That the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare; 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; 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; 4. That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided; 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; 6. That the proposed conditional use is not contraryto the objectives of the current comprehensive plan for the village; and 7. That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the planning and zoning commission. Petitioner's Findings: The Petitioner has provided 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. They state the addition of more banking service to the neighborhood will be a positive and helpful addition to the community. They state they are a well -seasoned financial institution business owner, who currently owns and operates ten (10) other Lakeside Bank branches in the region. The Petitioner has stated that the improvements will be made in compliance with Village standards and will not affect the use, enjoyment, or value of other properties in the vicinity. Additionally, the Petitioner has noted that the scope of the development is compatible with the existing character of the area and will not impede the normal and orderly development of neighboring properties. Further, they have indicated that adequate public utilities, access roads, drainage, and other necessary facilities have been or will be provided. The propertywill continue to maintain existing utility connections, and improvements will be made in accordance with applicable standards to ensure proper drainage and functionality. The site will remain accessible via the internal access road, and no significant increase in traffic congestion is anticipated as a result of the proposed development. Lastly, the Petitioner states that the drive-through complies with all zoning regulations and with the objectives of the current Comprehensive Plan for the Village. Staff's Findings: Staff has reviewed the Petitioner's request for conditional use approval for a drive- through and finds that the standards have been met. Staff finds that the proposed will not endanger public health, safety, morals, comfort, or general welfare. The proposed additions will allow an existing, longtime tenant of the Village to modernize and expand their facility. Based on the information submitted and the proposed development's compliance with the Village's zoning ordinance and long-range planning documents, staff recommends approval of the conditional use request. 6 Page 46 of 111 u PERMIT PROJECT FILE #: 24-004363 950 E RAND RD MOUNT PROSPECT IL 60056 FEE OUTSTANDING ON PARCEL - CALL BUILDING TO SEE IF IT SHOULD HOLD UP THE TRANSFER CONDITIONAL USE PERMIT REQUEST TO ACCOMMODATE DRIVE THRU LANES u :_ M! rIIIIIIIIIIIII - PERMIT #: PZZ24-000013 LU Permit Type Zoning Request Application (Subtype Zoning Request Work Description: PZ -11-24: CU -Drive Thru for Bank jAppl icant Kolpak Law Group - Colleen Doherty Status Under Review Valuation 0.00 FEES & PAYMENTS alPlan Check Fees Permit Fees Total Amount Amount Paid Balance Due ❑ Non -Billable PERMIT DATES rl I Application Date 08/08/2024 Approval Date Issue Date: Expiration Date: 250.00 0.00 250.00 250.00 0.00 Page 47 of 111 Close Date Last Inspection NOTE STOP! Have you had a Preliminary Meeting the the Planning Department? If Yes, continue, else, please call 847-818-5328 to schedule. ISummary of Proposal Enclosed please find the application for a Conditional Use to establish drive through lanes that will service the financial institution Lakeside Bank at the above referenced property. The property in question is Zoned B3 and currently improved with a commercial office building consisting of 4,200 square feet and four (4) drive through lanes. The property was previously occupied by Chase Bank This application is meant to allow Lakeside Bank to use the property as a financial institution with drive through lanes. The services will be those customary included at a full-service retail banking operation, including drive through banking services. The applicant will make no physical changes to the exterior of the building, height, elevations, number of drive through lanes, or landscaping. Any construction planned at this CLICK HERE for Conditional Uses, Variations, Zoning Map and Text Amendments Submission Requirements (Proof of Ownership LDOR 2022.pdf v For Owner Affidavit CLICK HERE (Affidavit of Ownership (Notarized) Affidavit of Ownership exec 8.6.24.pdf v (Paid Receipt of the most recent tax bill Paid tax bill PIN - 056.pdf v (Responses to applicable standards Conditional Use Standards 950 Rand.docx v (Plans Site plans interior renovation.pdf v (Legal Description LEGAL DESCRIPTION.docx v Document indicating intent to buy or lease LOI - JPMC - Lakeside Bank - Fully Executed.pdf v Legal Notice v Address Labels v Page 48 of 111 Buffer Map v Other LOI - JPMC - Lakeside Bank - Fully Executed.pdf Owner Applicant signature page exec.pdf Survey 2022.pdf v ORDINANCE OR RESOLUTION Ordinance or Resolution v Approval Ordinance or Resolution # Approval Date ZONING REQUEST(S) (Check all that apply) 2 Conditional Use (Number of Conditional Uses 1 For Drive Thru Type of Conditional Use Other properties less than 1 acre ElVariations) ElZoning Map Amendment ElZoning Text Amendment Other 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. Signature signature.png IIIIIIIIII FEES FEE DESC QUANTITY AMOUNT TOTAL Conditional Use Less than 1 250.00 acre fee Plan Check Fees 250.00 Permit Fees 0.00 Total Fees 250.00 8 PAYMENTS Page 49 of 111 DATE TYPE REFERENCE NOTE RECEIPT RECEIVED AMOUNT # FROM 09/09/2024 Ame: 806187498' PZZ2 48834 Kolpak La 250.00 Amount Paid 250.00 Balance Due 0.00 Page 50 of 111 Affidavit of Ownership COUNTY OF =W G-C eq �0-1, STATE OFIMMOM ..... . ...... under oath, state that I am (print name) [:] the sole owner of the property El an owner of the property D4 an authorized officer for the owner of the property 2— commonly described as. (property address and PIN) 3 and that such property is owned by as of this date. name) Signature, me this 7-7 day of 201L. Notary Public I 7D ppzoee�� 0 0 It,/ 110 J-7-1eiAtA-770W-S Al t Page 51 of 111 August 19, 2024 The Village of Mount Prospect Community Development Department 50 S. Emerson Street Mount Prospect, Illinois, 60056 RE: Authorization for the following site location in Mount Prospect, Illinois: Shopping Center known as Mount Prospect Plaza located at 940-1100 E. Rand Road, Mount Prospect, IL 60056 To Whom It May Concern: The undersigned LBX Mount Prospect TN LLC ("Owner") is the owner of the property located at 940-1100 E. Rand Road, Mount Prospect, IL 60056 (the "Property"). In contemplation of a proposed sublease transaction between JPMorgan Chase Bank, National Association, a national banking association ("Tenant") and Lakeside Bank, an Illinois banking corporation ("Subtenant") concerning a portion of said Property known as Suite OPB, containing approximately 4,300 square feet ("Leased Premises"), for the operation of a retail bank branch at the Leased Premises, Owner acknowledges, consents to, and Supports Subtenant submitting to the The Village of Mount Prospect, Community Development Department a request for the release of certain plans/drawings that were submitted for the Leased Premises in approximately 2008 to 2011 in furtherance Of SUbtenarit's, zoningAand use application ("Application"); provide , however, that Owner's acknowledgment, consent to, and support of said Applbcation is conditioned upon the following stipulations: (1) Owner makes no representations, warranties, covenants or certifications in connection with the Application, (2) Owner does not agree to incur any cost or expense in connection with the Application, (3) In the event that a sublease agreement between Tenant and Subtenant is riot executed, the Application and the approval(s) granted in connection therewith shall be null and void and Owner and the Property shall not be bound by, or liable in any way under, the Application or such approvals. Please direct all future correspondence regarding this matter to the asset manager for the Shopping Center, Mike Allison, at li]ikc2T. 1� jg.i, or (803) 622-2256, Sincerely, LBX Mount Prospect TR LLC By: Name: Title, ,AA CC: Mike Allison Page 52 of 111 This instrument was prepared by: Simone Randolph Thompson Dine LLP 20 North Clark Street, Suite 800 Chicago, Illinois 60602-4101 Dame and Address of Taxpayer: LBX Mount Prospect TH LLC 11054 Ventura Boulevard, 4173 Studio City, California 91604 .............. The SPECIAL '4ARRITI RPT REALTY, L.P. a Delaware limited partners Suite 1002, New York, New York 10036 ("Grantor"), Properties, L.P., a Delaware limited partnership, for and No/100 Dollars (510.00) in hand paid by LBX MOUNT P liability company, whose address is 11054 Ventura B( 91604 ("Grantee"), receipt whereof is hereby aeknowle BARGAIN, SELL, REMISE, RELEASE AND CONV assigns, FOREVER, the following described real estate,! �irTlt1j -3____L_� 2223 .Exhibit C attached hereto (the "Ross Re trietions") and tenants only. Grantor makes no other warranties or coves [Signature on following COOK COUNTY r,,[,ERK 0, R F -'*e L k, G", C:,!, v I s 2, I. 13.8 Me CLARK0i � a } 2223 ..-H. IN WITNESS WHEREOF, Grantor has execut+ QJ day of , 2022 rnad,P. qffct) *j*jt%%I$IIPogo too to { �� � �■ Y t i• f J 2223 EXHIBIT LEGAL DESCRIPTION OF TF PARCELI: LOT I (EXCEPTING THEREFROM THOSE PAF DEPARTMENT OF TRANSPORTATION OF CONDEMNATION REGISTERED AS DOCUMENT EXCEPTING THEREFROM THAT PART THER SUBDIVISION BY PLAT REGISTERED AS DOCUMI SUBDIVISION, BEING A SUBDIVISION OF PART � SECTION. 3, TOWNSHIP 42 NORTH, RANGE 11 MERIDIAN, ACCORDING TO THE PLAT THEREO. THE REGISTRAR OF TITLES OF COOT COUNT. ................ DOCUMENT NUMBER LR3104775; ALSO EXCEPTING THEREFROM THAT PART O. AFORESAID DESCRIBED AS FOLLOWS: ...... . .... BEGINNING AT THE NORTHWEST CORNER OF DEGREES 46 MINUTES 10 SECONDS EAST ALON SAID LOT 1, BEING ALSO THE NORTHVESTER1 ROAD -AS DEDICATED BY DOCUMENT NUMBER (RECORD 297.66) FEET -TO A POINT OF CUI SOUTHEASTERLY ALONG SAID SOUTHWEST] CURVE, CONCAVE TO THE NORTHEAST, HAVIN, 2223 MINUTES 31 SECONDS VEST, 294.97 FEET; THENC 42 SECONDS EAST, 135.60 FEET; THENCE NOR SECONDS VEST, 3 89.30 FEET; THENCE NORTH 00 l EAST, 250.91 FEET TO THE SOUTH LIME OF CEN' SAID SOUTH LINE THE FOLLOWING FOUR COUR, DEGREES 39 MINUTES 43 SECONDS EAST, 416.971 2 16.23 FEET ALONG THE ARC OF A CURE TO `I"] RADIUS OF 40.00 FEET, A CENTRAL ANGLE SECONDS, AND A CHORD THAT BEARS SOU'. SECONDS EAST, 16.11 FEET; 3) SOUTH 67 DEGR1 135.16 FEET; AND 4) S 89 DEGREES 26 MfN UTES THE VEST LIFE OF VEST GATE ROAD -THENCE 493.79 FEET TO THE POINT OF BEGINNING, PARCEL 1 ABOVE ALSO MORE PARTICULARLY E BOUNDS, AS FOLLOWS: PART OF LOT 1, PLAZA SUBDIVISION, IN THE SC 3 , TOWNSHIP 42 NORTH, RANGE 11 EAST OF T CITY OF MOUNT PROSPECT, COOK COL PARTICULARLY DESCRIBED AS FOLLOWS: B] CORNER OF VEST GATE ROAD AND EAST CES DEGREES 371IINUTES 2 -SECONDS NEST, 813.321 4 MINUTES 28 SECONDS VEST: 419.41 FEET; MINUTES 32 SECONDS EAST, 35.00 FEET; THENCI 28 SECONDS NEST, 120.0 FEET; THENCE SOU THENCE NORTH 56 I SECONDS BEST, 35.00 FEET; 2223 MERIDIAN, CITY OF MOUNT PROSPECT, COOK C1 PARTICULARLY DESCRIBED AS: COMMENCING AT THE INTERSECTION OF THE " AND THE NORTH LINE OF EAST CENTRAL ROAD, NORTH 617.50 FEET TO THE POINT OF BEOIN� MfNUTES 31 SECONDS VEST, 294.97 FEET; THEN 42 SECONDS EAST, 135.60 FEET; THENCE NOR SECONDS WEST, 359.30 FEET; THENCE NORTH 00 EAST, 250.91 FEET TO THE SOUTH LIFE OF CEN SAID SOUTH LINE THE FOLLOWING FOUR LOUR DECREES 39 MINUTES 43 SECONDS EAST, 416.971 16.23 FEET ALONG THE ARC OF A CURVE TO T. RADIUS OF 40.00 FEET, SECONDS, AND A CHORD CENTRAL ANGLE THAT BEARS SOU" SECONDS EAST, 16.11 FEET; 3) SOUTH 67 DEORE] 135.16 FEET; AND 4) S 89 DEGREES 26 MINUTES THE NEST LINE OF VEST GATE ROAD; THENCE 493.79 FEET TO THE POINT OF BEGINNING. FURTHER EXCEPTING THEREFROM THAT PORTI+ MOUNT PROSPECT, A MUNICIPAL CORPORATIOT BY WARRANTY DEED RECORDED MAY 26, 2022 � Permanent Real Estate Index Number(s): 2223 EXHIBIT B PERMITTED EXCEPT 1. Terms, provisions and conditions contained in Le{ Plaza Owner, LLC, Lessor, and JPIloran Chase 2010 as disclosed by a Memorandum of Lease rec 11105290245 and all rights thereunder of and all a lessee or any parties claiming by, through or uncle ................... 2. Terms, provisions and conditions contained in Lei Plaza Owner, LLC, Lessor, and Ross Dress for L( Memorandum of Lease recorded -March 9, 2012 a thereunder of and all acts done and suffered therel claiming by, through or under said lessee. . Terms, provisions, restrictions and conditions con Prospect Plaza Owner, LLC, Lessor, and Fitness l 25 2012 as disclosed by aMemorandum of Lean . document 1229619013, and all rights thereunder c thereunder of said lessee or any parties claiming t 4. Terms, provisions, conditions, easements and rest between Mount Prospect Plaza Owner, LLC, LesLc 22, 2012 as disel'o ed by a Memorandum of Lean 7 ']�►D-71 r%nnA -A .-.11 _.'-1..4- 4,1-,-....,... -3 -C nom.. -3 -11 y. 2223 contained and of all persons claiming thereunder, disclosed by memorandum dated June 15, 1978, a LR3191752. First Amendment to Sublease dated April 9, 1980 Second Amendment to Sublease dated May 22, 11 Third Amendment to Sublease dated March 25, 1_' Fourth Amendment to Sublease dated April 3, 19{ document LR348210. Assignment of Lease from K Mart Corporation to filed December 26, 1985 as document LR348 21 Assignment and Assumption Agreement Relating Maisel & Associates of Michigan limited partner Plaza limited partnership("Assignee"filed dove and recorded November 2, 1987 as document 875 Fifth Amendment to Sublease dated August 31, 1' document LR3 81903. 8. Terms, provisions and conditions of the Agreeme: Prospect Plaza Limited Partnership and Walgreen November 2.1, 1988 as document LR374847. 2223 14. Fifteen foot easement in favor of Commonwealth `telephone Company, and/or their successors in it maintenance purposes granted by document LII c and the terms and conditions thereof, also shown 1979 as document LR31 04778. 15. Grant of Easement in favor of. the Village of Mou lines and fire hydrants as shown on the plat attacl- 1962 as document 18526539. 16. Easement in favor of Illinois Bell Telephone Corr Company for the purpose of installattion, mainteno electrical utility equipment dated October 1, 1964 document 19340603. 17. Grant of Easement in favor of the Tillage of Mou privilege and easement to construct and maintain the plat attached to the instrument recorded'Febru 18. Easement in favor of the Commonwealth Edison Company and Northern Illinois Gas Company, V: of maintenance of electric, telephone and gas syst water plains etc., as sbown on the plat filed -July 1 amended b Easement Agreement -executed b � Prospect and Maisel and Associates of Michigan, LR3173793 for the purpose of constructing, main 2223 23. Twenty foot easement in favor of the Village of and hydrants affecting the Property and other prof recorded May 11, 1989 as document 892143 71. 24. Easements, covenants, conditions, and restriction! Covenants,conditions and Restrictions Affecting recorded September 28, 1990 as document 90474: egress, etc., and the further provisions contained t First Amendment. to Easements with Covenants, Land recorded February 24, 2009 as Document N conditions therein contained. Easement Holder's Partial Release, Subordination Temporary Construction Easement recorded May 2214619027, and the terms and conditions thereir 25. Easements for water main and sanitary sewer and of the Property as shown and=described on the Ea; document 92461457. ..................... .................... .................. 26. Terns, conditions and provisions of Ordinance a Conditional Use'Permit for Property Commonly recorded as document 0020583327. 27. Terms, conditions and provisions of Ordinance I 2223 3. The fact, as disclosed by that certain document or document 1109631066 of Official Records, that s, protection laws may have occurred which may afi 33. Terms, conditions and provisions of Ordinance N a Conditional Use Permit for a Final Planned Uni' Drive- Through Establishrnent Variation- for Pr Plaza. 99 -114 Mt. Prospect Plaza, 940-950 Ea Central Road, Mount Prospect, 1L) recorded July 34. Terms, conditions and provisions of Ordinance N. Amending Ordinance No. 6148 Granting a Condi' Urlit Development, Conditional Use for a Drive -1 Property Located at 99D -114 -Mt. Prospect Plaza, 1 220 East Central Road, Mount Prospect, Illinois ................ 1523034052. 35. Terms, conditions and provisions of Resolution N Findings of Fact, recorded August 11, 2015 as dol 36. Terms, provisions and conditions contained in Le Properties, L.P., Lessor, and AutoZone Parts, Inc. disclosed by a Short Form Lease recorded March all rights thereunder of -and all acts done and sufft parties- claiming b, through or under said lessee. 37. Reciprocal Easement Agreement recorded July 1 2223 Blew & Associates, P.A. on June 2, 2022, last r 4709: a. Signs located southeast of the Property, oN b. Signs located north of the Property, owner c. Utilities located on the Property without ti 44. Unrecorded Easement Agreement (Comcast 990 - into by Comcast Cable Communications Compan itself and on behalf of its affiliates, and Granti Properties, L.P., a Delaware limited partnership. 45. Unrecorded Easement Agreement (Comcast -- Pan entered into by Comcast Cable Communications company, itself and on behalf of its affiliates, Gershenson Properties, L.P., a Delaware limited 46. Unrecorded Access Agreement (US Baal), dated Cable Communications Management, IEC, a Df, and on behalf of its affiliates, and Grantor. 2223 EXHIBIT THE ROSS RESTRIC "3-2.1. R.et l Use. Toz-a t his entered repres tatio s by Landlord that lAndlord's PArC( char, and, fimffier (except as provided ham), be used for office or residendil purposes oras a sehoo� church or other placc of public assea gymna urn 'ithin one hundred ff-ry (1 50) f t of of the Store), VCM- =a r se xes or pet VaccMatt.c faciEtics (except as = incidental use in conjunction or re orW pet stogy ret0er, provided such pet stc one hundred� fifty (150) feet of the front and side per club (wither one hundred fr (1 50) Meet of the Emu Store), dace hal, bill%ard or pool h3Lr massage pa connt.cdon with a fiffl service spa shAU be pemiss l Zq at Vic, rr wash., +it for a sae vehicks, n &t club, lnt=et cafi, rhe sale of-siduh admit audio/video products stores (which are de. .( percept (10%) of the iaveatory is -not wroWable for ra ale of major►in the state in whicb ithe Store is txpkitI7 deals -with or depicts Truman sexuality~). N be permitted M Lan&ord"s puv..el wig one hand= - penme r walls of the More, except if located. o ho tenan-es or occupant's premises or -is used as a der 2223 4. to, full semke bad, real estate broken, title comp be permitted, provided that a) no rttA scr ice offii fmfty (1 50) feet of the Stare, and (b) rets :�cn~icc exceed trn percent (10%) of the lzas2ble Flo, Not ithstanding the precedence sentence, Landlord C=twg ret�dl mice offs .inSpacc5 7, S. 11, 4, on Exhit B with retaR office uses and Spaces 28, -another of cc use, In addition, Land ord sha additiorW space for a- retaO service office use is designated on Exhibit B, PrOvIded thit no retail ser or 13 shaU exceed one thousand five hunk 1,5C Area, 'ne foregoing use zesuaictions are referred t Lases. The Ross Prohibited Uses set forth in this those tints or occupmts of I-andlord*s Parcel wl -of existing leases or oozupanc e e is . .effect Ten is"' , cannot be prohibited f ,orrm so ope nn& te=(s) of such endstM lease ox occupancy xe+ n awes that if landlord has the rpt to consent to occupied by any such misting Tit, Landlord s of the prctniscs which olates the Ross Prohdbited I 8/7/24, 11:11 AM Cook County Treasurer's Office - Chicago, Illinois fit. A - TA X I "J, C111 ',) I STF/t I CT [')) �E 5T ATTR I �BUTT Y01.1,16 Fl,' -7, 0 F" "�- T Y Total Taxiing District Debt Attirldbutedto Your Property: $145,04.0 Property Value: $1,285,832 Total Debt % Attirfilbutedto Your Property Value: 113% T"d see the 20-Yeair 11 listoilry of Your IlProlperty lFaxes, click here. Note: The above amounts are illustrations of how much government debt could be attributed to your property based on its 2023 value. See Details Here IT "I'T"'IfTS n6,,,-,,x,Jurnlr1�,,,r ( I I U! 03-35-31)11-056-0000 Incorrect Image? Click Here. Are Your Taxes Paid? Property Location: 802 E RAND RD MOUNT PROSPECT, IL 60056-2565 Volume: 235 I �1 CHIN A 11,11 W S1 ANCI I Scrollll down for more information. Mailing Information: MOUNT PROSPECT PLAZA 802 E RAND RD MT PROSPECT, IL 00000-0000 Update Your Information Tax Year 2022 (billed in 2023) "rotall Amount ffilled: $91,672.68 1 st, I ",IS "rAl, 1, vl[ 141, 2022', 2nd I 4S "fAl, 1, ",41F11",J1, "f - 21,J22 Original Billed Amount: $57,680.40 Original Billed Amount: $33,992.28 Due Date: 04/03/2023 Due Date: 12/01/2023 Tax: $0.00 Tax: $0.00 Interest: $0.00 Interest: $0.00 Current Amount Due: $0.00 Current Amount Due: $0.00 Total Amount Due: $0.00 Expand Payment Details w https://www.cookcountytreasurer.com/yourpropertytaxoverviewresults.aspx Page 67 of Ifi 8/7/24, 11:11 AM Cook County Treasurer's Office - Chicago, Illinois Tax Year 2023 (billed in 2024) Totall Amount 18iil111ed- $95,555,46 2ll`4,rAL1,,,f[I�,i'e I,�,, l 0.'E1'202? Original Billed Amount: $50,419.97 Due Date: 03/01/2024 Tax: $0.00 Interest: $0.00 Current Amount Due: $0.00 "I'otall Amount Due: $0.00 Expand Payment Details Original Billed Amount: $45,135.49 Due Date: 08/01/2024 Tax: $0.00 Interest: $0.00 Current Amount Due: $0.00 About payments: • Payments are recorded the date they are received. They appear on the website about three business days later. • To find out if taxes for this PIN were sold or are delinquent for Tax Year 2020 and earlier, search the Cook County Clerk's records. Download Your Tax Bill Open a PDF of your tax bill that can be printed and used to pay in person or by mail. Tax Year 2022 Second Installment Due Friday, December 1, 2023 l Tax Year 2023 Second Installment Due Thursday, August 1, 2024 Stop receiving your tax bill by mail. lld'd` Sign up for eBilling to receive Future tax bills via email. Are There Any Overpayments on Your PIN? Our records do not indicate a refund available on the IPIN you Ihave entered. Have You Received Your Exemptions in These Tax Years? 2021 2023 2022 Homeowner Exemption: NO NO Senior Citizen Exemption: NO NO Senior Freeze Exemption: NO NO Returning Veteran Exemption: NO NO https://www. cookcou ntytreasu rer.com/you rpropertytaxoverviewresults.aspx 2021 2020 2019 2018 NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO Page 68 of �fi 8/7/24, 11:11 AM Disabled Person Exemption: Disabled Veteran Exemption: Apply for a missing exemption Cook County Treasurer's Office - Chicago, Illinois NO NO NO NO NO NO NO NO NO NO NO NO 20 -Year Property Tax Bill History .rax Year 2011: $2.5,653.19 .rax Year 2023: $95555.46 Difference: $69,872.27 (Percent Change: I. 272.05'Yo See your complete property tax history. II Read "The Pappas Study" 20 -Year Property Tax History See the Top 50 Largest Tax Increases since 2000 by Chicago ward and suburb Voter Turnout 20111-2020 Chicago and Cook County Suburbs Cook County Suburbs - Interactive Map 0Chicago by Ward - Interactive Map Taxing District Debt Attributed to Your Property Totall Taxiing (District IDebt Attributed to Xoulir Property: $145,040 Property Valluew $1,285,832 Totall ([:Debt % Attributed to Youir Property allue: 11.3% 1T"d see the 20,,, Year III°IIlstoury of Your IF31rollperty °'llFaxes„ click here,. Note: The above amounts are illustrations of how much government debt could be attributed to your property based on its 2023 value. Select a taxing district name for detailed financial data. Your Taxing Districts Total Debts and District Property Liabilities Value Northwest Mosquito $965,682 $99,462,645,968 Abatement Wheeling Metro Water Reclamation $4,487,886,000 $615,525,376,003 Dist of Chicago Mt Prospect Park District $38,053,108 $7,010,442,703 Harper Coll Comm College $322,598,943 $68,478,657,852 5112 (Palatine) Township FIS District 214 $161,3'78,783 $34,503,061,344 (Arlington Fits) River Trails Elementary SD $25,946,938 $2,015,008,82.6 26 (Mt Pros) https://www. cookcou ntytreasu rer.com/you rpropertytaxoverviewresults.aspx % of Taxing Estimated Total Property Value District Debt Debts and Liabilities to Property $1,2.85,832 0.0012928% $12 $1,2.85,832 0.0002089% $9,375 $1,2.85,832 0.0183417% $6,980 $1,285,832 0.0018777% $6,057 $1,285,832 0.0037267% $6,014 $1,2.85,832 0.0638127% $16,557 Page 69 of M 8/7/24, 11:11 AM $4,169,629,820 Cook County Treasurer's Office - Chicago, Illinois $1,046,664,000 Village of Mount Prospect $301,363,362 $6,961,556,410 $1,285,832 0,0184705% $55,663 Town of Wheeling $16,237 $20,576,624,667 $1,285,832 0.0062490% $1 Cook County Forest $548,552,253 $627,061,316,173 $1,285,832 0.0002051% $1,125 Preserve District ..63 Harper Coll Comm College $365,024,944 $67,129,060 County of Cook $21,094,656,928 $627,061,316,173 $1,285,832 0.0002051% $43,256 Tf7, x, 11 ig WstHct tr), Your 1rq,,mrty'� S 14,",5,040 TO read "rireasuireir Pappas'lDebt Study and use the interactive imalp, click here. Highlights of Your Taxing Districts' Debt and Pension Select a taxing district name for detailed financial data. Money Owed by Pension and Your Taxing Healthcare Amounts Amount of Pension Your Taxing Districts Districts (minus and Healthcare Employees Retirees Difference Total Net Pension promised by Your Shortage Liability) Taxing Districts Northwest Mosquito $183,732 $8,266,766 $863,125 21 8 13 Abatement Wheeling Metro Water Reclamation $4,169,629,820 $3,082,006,000 $1,046,664,000 '1,957 2,485 528 Dist of Chicago Mt Prospect Park District $18,433,548 $33,278,233 $388,084 59 122 ..63 Harper Coll Comm College $365,024,944 $67,129,060 $67,129,060 898 0 898 512 (Palatine) Township HS District 214 $151,145,161 $278,285,863 ($48,859,038) 1,684 1,205 479 (Arlington Hts) River Trails Elementary SID $24,881,230 $26,572,812 $7,085,785 252 143 109 26 (Mt Pros) Village of Mount Prospect $173,4.60,84.7 $376,516,187 $125,260,376 329 474 1145 Town of Wheeling $16,237 $5,441,297 $465,311 21 43 ..22 Cook County Forest $214,441,242 $617,834,550 $382,643,760 625 536 89 Preserve District County of Cook $8,693,862,550 $27,096,852,844 $12,815,325,282 23,760 20,138 3,622 Reports and Data for All Taxing Districts View the financial reports filed by 547 local Taxing Districts across Cook County pursuant to the Debt Disclosure Ordinance authored by Treasurer Maria Pappas. • Read the Executive Summary • Read the Debt Report • Cook County Debt Map • Correlation Chart Between Debt and Higher Taxes • Search your property to find out what portion of local government debt is attributed to your property • Debt to Property Value by Municipality - Residential and Commercial • Debt and Disclosure Data • Browse all financial reports filed by a specific local government https://www.cookcountytreasurer.com/yourpropertytaxoverviewresults.aspx Page 70 of ffi 8/7/24, 11:11 AM BEGIN A NEW SEARCH Cook County Treasurer's Office - Chicago, Illinois DIISCILA111MIER: The information on this screen coryies from uttuarny sources, few of which are in the controll of the Cook County rreasurer's Office. Taxpayers are advised to take personall iresponsiibillity for their PIN, propertyllocation, taxpayer address, and payment amounts posted due or paid, to be sure of their accuracy. BrowseAloud https://www.cookcountytreasurer.com/yourpropertytaxoverviewresults.aspx Page 71 of firr'll oncunignEnvelope ID: 03-354C25398oar RrordwZINTIM Mr. Shamus Conneely John Greene Real Estate Corporate Real Estate will present to JPMC Real Estate Committee for the sublease of the above Premises: Approximately 4,300 square feet of retail space located at 950 E. Rand Road, Mount Prospect, IL as outlined in the attached Exhibit A. Subtenant: Lakeside Bank Master Lease: Subtenant acknowledges, that the Sublease is contingent upon receipt of Master Landlord's consent and that this Sublease shall be subject to the terms of the Master Lease between Sublandlord (as Tenant) and the Master Landlord. Use: Bank, all incompliance with applicable laws, regulations, statutes, and the Master Lease. Term: Seven (7) Years (lease expires 1) Common Area Maintenance: included ingross rent Site Maintenance: The Tenant shall beresponsible for all required site maintenance during the lease term. This shall include but not limited tosnow plowing and landscaping. Taxes: Included in gross rent Gross Rent: Years 1: $ Years 2-7:Two (2YA percent annual increases Page 72of 111 Docusign Envelope ID: C9CEE82E-C7D4-4708-A163-354C25398BBF First months' rent is due upon Due Diligence expiration. At Sublandlord's option rent shall be paid via ACH electronic payments. Tenant Improvement Allowance: None Lease Effective Date: The Sublease shall become effective and in full force on the date of execution- subject to Master Landlord's consent. Delivery of Premises: Sublandlord shall deliver the Premises in As -Is condition as of the date hereof. Delivery Date: Sublandlord shall deliver premises following the expiration of the Due Diligence period. To be further defined in Sublease. Rent Commencement: Rent shall commence on the earlier of (i): the date Subtenant opens for business or (ii): ninety (90) days after Sublandlord has delivered the Premises to the Subtenant. Utilities: Subtenant shall be responsible for payment for its usage of all utilities which shall be paid directly to the service provider. Subtenant Work: Subtenant reserves the right to retain its own contractor to make alterations to the premises, and with no overhead charges paid to Sublandlord. Subtenant shall obtain Sublandlord's prior approval for any alterations; provided, however, that Subtenant shall have the right to make, without Sublandlord's approval, alterations that are cosmetic in nature and that do not impact the building structure or systems. Cubtenant shall be responsible for the permitting of any and all improvements, including but not limited to all improvements, (urAis%ixgs, fixtures ?Ai� e,�ui�xte_-ut tyXic,211y f*u)tl iA SiMlessee's All plans and specifications shall be subject to Sublandlord's written approval, such approval not to be unreasonably withheld or delayed. Subject to Tenant's Allowance, Subtenant's Work shall be performed at Subtenant's sole cost and expense. Sublandlord also reserves the right to approve the Subtenant's General Contractor. Permits: Subtenant shall apply for permits during the Due Diligence period and provide copies of all applications prepared by Subtenant simultaneously with their delivery or submittal. Signage: At the Subtenant's sole cost and expense, the Subtenant shall construct the Subtenant's signage, in accordance with Landlord's signage criteria and subject to all necessary permits and approvals. Subtenant shall be responsible for obtaining all permits and approvals required for Subtenant's building signage. To be further defined in the Sublease. Page 73 of 111 Docusign Envelope ID: C9CEE82E-C7D4-4708-A163-354C25398BBF Parking: Per existing Master Lease Security Deposit/ Letter of Credit: Equal to 1 months' rent ($8,958.33)due upon Sublease execution. Security Deposit shall be refunded should Subtenant be unable to obtain the necessary approvals during Due Diligence. Holdover: If the Premise is not surrendered upon the termination of this Sublease, Subtenant shall indemnify Sublandlord against any liability resulting therefrom and Subtenant, at the option of Sublandlord, shall be deemed to be occupying the Premises month to month at a rental rate equal to 150% of the Base Rent for the first 3 months of the month to month tenancy. The monthly rental rate will increase to 200% of the Base Rent rate and continue until the termination of the tenancy. �MUYTM =-Z Assignment: Subtenant shall not sublet or assign any or all of the Premises or transfer possession or occupancy thereof without the prior written consent of the Sublandlord, which consent will not be unreasonably withheld. Subtenant shall not assign or sublet the Premises to any financial institution. OFAC: Subtenant represents and warrants that neither it nor any of its affiliates or agent(s) acting on behalf of it with respect to this Sublease is listed on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Asset Control, Department of the Treasury (to be further negotiated in the lease/sublease. :nsurance: Subtenant shall carry insurance as required under the Master Lease, or at minimum levels of commercial liability insurance and property insurance- naming Sublandlord (and any Master Landlord) as additional insureds- - and containing a waiver of subrogation (to be further negotiated in the sublease). Subtenant shall submit a Certificate of iisura-ice at Sublease execution. C--urrender: At the expiration (or earlier termination) of the Sublease term, Subtenant shall surrender the Premises in the condition required under the Master Lease; and Subtenant agrees to surrender the space in broom clean condition and in good working order, normal wear and tear excepted, with all of Subtenant's personal property removed Page 74 of 111 oncunignEnvelope ID: 03-354C25398oar Brokers: Sublandlord is represented by Peter Graham with CBRE, Inc and Subtenant is represented by Shamus Conneely with John Greene Real Estate. Commissions shall be paid per a separate agreement. Contingencies: Subject toapproval nfJPK4('sReal Estate Committee and Master Disclosures: Subtenant acknowledges Subkand|ordhas made norepresentations or warranties regarding compliance with the Americans with Disabilities Act orrelated state and local |axvm /the "ADA">with the Premises or bui|dino/commonareas. Subtenant hereby waives, and shall indemnify Sub|and|ordagainst any claim arising under the ADA asaresult of Subtenant's occupancy and use of the Premises and the Building. Sub|and|ordshall have the right toterminate the Sublease in its sole and absolute discretion without liability ifSubtenant's occupancy triggers any ADA upgrades orotherwise requires Sub|and|ord tomake improvements tothe Building orPremises tocomply with the ADA. Subtenant further agrees that bshall beresponsible for complying with all code compliance required within the Premises inconnection with any performed improvements, including but not limited tothe Americans with Disabilities Act. Lease Documentation: Subtand|ondshall prepare its form Sublease for review bvSubtenant. Repair and Maintenance: Subtenant atits own expense shall repair and maintain the Premise in good operating condition. Subtenant's maintenance, repair, and replacement responsibilities include, but are not limited to, responsibility for the HVAC unit which is solely serving the Suite. Due Diligence: Subtenant shall have a 60 day contingency period to obtain any regulatory approvals, submit for use/special use of the premises, and to submit for permitting. Should Subtenant require additional time due to delays out of their control, Subtenant shall have the option to extend the Due Diligence period for an additional 30 days. Page 75of 111 oncunignEnvelope ID: 03-354C25398oar the parties executing this Letter of Intent and shall not be disclosed to third parties without the consem of each party to this transaction; provided, however, that the terms of this Letter of Intent may be legal counsel and other consultants to and contractors for said parties for purposes incidental to this agreement or to the conduct of business by said parties. This Letter of Intent is intended solely as a preliminary expression of general intentions and is to be us other with respect to the matters referred herein unless and until a definitive agreement has been ful executed and delivered by the parties. The parties agree that this Letter of Intent is not intended to creal any agreement or obligation by either party to negotiate a definitive lease agreement and imposes "WE FER1.21141111 all negotiations with the other party hereto. I Estate Committee for their approval. Subject to approval, JPIVIC will draft a lease agreement and submit it for your review. Peter JGraham CBRE,|nc AGREED AND ACCEPTED this 30-1 Subtenant - 4A 1944" 3P Morgan chase & Co. [Doculilnel 1'� hAff" IF* Matthew Dipietrantonio 6ns Transactions Management Aug 7. 2024 1 11:58 PDT Page 76of 111 Responses to Conditional Use Standards 950 E. Rand Road Section 14.203(F)(8) of the Mount Prospect Village Code 8(a) 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 Applicant's proposal is to establish drive through lanes to service a financial institution at the subject property. The addition of the banking service to the neighborhood will be a positive and helpful addition to the community. The Applicant is also a well -seasoned financial institution business owner, who currently owns and operates ten (10) other Lakeside Bank branches throughout the Chicagoland area. Lakeside Bank anticipates to maintain its respectable reputation as an excellent neighbor to his community in Mount Prospect. 8(b) 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 Applicant shall comply with all requirements pursuant to drive through use set by the Village. The Applicant will further keep the property in good working order, clean, and functioning orderly for all patrons, in order to be a positive addition to the municipality. The use of a bank with drive through lanes is complementary with the commercial nature of the area, and will be a convenient fulfillment of the space, since it was recently vacated by a Chase Bank who also utilized drive through lanes. The proposed use will offer a convenience to the community as well as additional tax revenue to the Village, to be used for betterment of the Community at large. 8(c) 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; Proposed development will be in full compliance with all the requirements of ingress, egress, as well as any other required site planning and maintenance to the proposed facility. The Applicant will be hands on in the development process, and readily available if issues of any kind arise. The proposed bank with drive through lanes are further in line with the commercial corridor of Rand Road, and will be an appropriate addition for the convenience of the community. 8(d) That adequate public utilities, access roads, drainage, and/or necessary facilities have been or will be provided; Page 77 of 111 Applicant will provide all driveway, driveway permits, driveway access as needed to effectuate the proposed plan. He will also meet and or exceed all drainage facility and or water retention requirements of the Village of Mount Prospect It is the Applicant's full intention to cooperate fully to ensure the bank with drive through lanes are a smooth addition to the Village. 8(e) 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; To the extent further updates are necessary, Applicant will engage with the Village of Mount Prospect with full cooperation to ensure proper and safe ingress and egress to the subject property. This property has a history of utilizing drive through lanes for banking purposes without incident. 8(t) That the proposed conditional use is not contrary to the objectives of the current comprehensive plan for the village; The proposed drive through lanes conform with Village's comprehensive plan in the way of expanding business on Rand Road and thereby promoting public convenience. The additional business will be a betterment to the area over the currently vacant property. 8(g) 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 and zoning commission. Applicant confirms that applicant shall otherwise comply with all remaining applicable regulations of the district in which it is located and any modifications made by the Villlage pursuant to the recommendations of the Planning and Zoning Commission. Page 78 of 111 LEGAL DESCRIPTION THAT PART OF LOT 1 IN PLAZA SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE I I EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO PLAT THEREOF REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS ON JULY 16, 1979 AS DOCUMENT NUMBER LR 3104778, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF A PARCEL TAKEN FOR THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF ILLINOIS BY CONDEMNATION REGISTERED AS DOCUMENT NUMBER LR 3201616, SAID POINT ALSO BEING ON THE NORTHEASTERLY RIGHT OF WAY LINE OF RAND ROAD (US ROUTE 12) AS DEDICATED BY SAID PLAZA SUBDIVISION; THENCE NORTH 32 DEGREES 53 MINUTES 09 SECONDS EAST, ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL, 35.00 FEET TO THE NORTHEASTERLY CORNER THEREOF; THENCE NORTH 57 DEGREES 06 MINUTES 51 SECONDS WEST, ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 36.76 FEET TO A POINT ON A NON TANGENT CURVE; THENCE NORTHEASTERLY 6.82 FEET, ALONG THE ARC OF SAID NON -TANGENT CIRCLE TO THE RIGHT, HAVING A RADIUS OF 32.00 FEET AND WHOSE CHORD BEARS NORTH 26 DEGREES 30 MINUTES 37 SECONDS EAST, 6.81 FEET TO A POINT OF TANGENCY; THENCE NORTH 32 DEGREES 37 MINUTES 12 SECONDS EAST, 89.19 FEET TO A POINT OF CURVATURE; THENCE EASTERLY 48.51 FEET, ALONG THE ARC OF A TANGENT CIRCLE TO THE RIGHT, HAVING A RADIUS OF 24.00 FEET AND WHOSE CHORD BEARS SOUTH 89 DEGREES 28 MINUTES 38 SECONDS EAST, 40.66 FEET TO A POINT OF TANGENCY; THENCE SOUTH 31 DEGREES 34 MINUTES 28 SECONDS EAST, 51.42 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY 21.81 FEET, ALONG THE ARC OF A TANGENT CIRCLE TO THE LEFT, HA VINO A RADIUS OF 50.00 FEET AND WHOSE CHORD BEARS SOUTH 44 DEGREES 04 MINUTES 15 SECONDS EAST, 21.64 FEET TO A POINT OF TANGENCY; THENCE SOUTH 56 DEGREES 34 MINUTES 01 SECONDS EAST, 143.97 FEET; THENCE SOUTH 32 DEGREES 53 MINUTES 09 SECONDS WEST, 124.30 FEET TO A POINT ON SAID NORTHEASTERLY RIGHT OF WAY LINE OF RAND ROAD (US ROUTE 12); THENCE NORTH 57 DEGREES 06 MINUTES 51 SECONDS WEST, ALONG SAID LINE, 207.85 FEET TO THE POINT OF BEGINNING; CONTAINING 31,093 SQUARE FEET OR 0.714 ACRES MORE OR LESS. 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