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HomeMy WebLinkAbout02/26/2026 P&Z Agenda PacketVillage of Mount Prospect Planning and Zoning Commission Regular Meeting Agenda 50 S. Emerson St. Mount Prospect, IL 60056 February 26, 2026 Village Hall - 3rd Floor Board Room 7:00 PM 1. CALL TO ORDER 2. APPROVAL OF MINUTES 2.1. PZ-31-25 / 200 S. Main Street / CU: Preliminary and Final Planned Unit Development 3. NEW BUSINESS 3.1. PZ-12-25 / 1522 N Elmhurst Rd / CU: Tobacco /Village Board Final 3.2. PZ-22-25 / 200 E Rand Rd / CU: Final PUD /Village Board Final 3.3. PZ-13-25 / 301 LaSalle St / CU: Major Planned Unit Development Amendment with Dwelling Units Above First Floor /Village Board Final 3.4. PZ-01-26 / 50 S Emerson St /Text Amendments /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 273 1 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-31-25 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: REQUEST: MEMBERS PRESENT: MEMBERS ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTIES: Hearing Date: January 8, 2026 200 S. Main Street 200 S. Main Street, LLC (Arthur Holmer) December 24, 2025 Conditional use approval for a preliminary and final Planned Unit Development Walter Szymczak Ewa Weir Donald Olsen Michael Fricano Fay Costa Joseph Donnelly William Beattie Richard Rogers Ann Choi — Development Planner Jason Shallcross — Director of Community & Economic Development 200 S. Main St, LLC (Arthur Holmer), Petitioner Neal Thompson, Architect Acting Chair Szymczak called the meeting to order at 7:01 PM. Commissioner Costa made a motion seconded by Commissioner Olsen to approve the minutes from the Planning and Zoning Commission meeting on December 11, 2025 with a request by Commissioner Costa to revise the meeting minutes to include the discussion on the Village's tree replacement requirement. The minutes were approved 5-0. Acting Chair Szymczak introduced case number PZ-31-25, 200 S. Main Street, a request for conditional use approval for a preliminary and final planned unit development. Ms. Choi presented an overview of the petitioner's request fora conditional use fora preliminary and final planned unit development to construct a one-story restaurant with Planning & Zoning Commission Meeting —January 8, 2026 PZ-31-25 Page 2 of 273 outdoor dining on the subject property located at the southwest corner of South Main Street and West Evergreen Avenue. Ms. Choi reviewed the site's history, noting that it was formerly occupied by a service station and later an office building that was demolished in 2017, leaving the site largely paved and vacant. Ms. Choi stated that the proposed restaurant is oriented toward Evergreen Avenue and Main Street, with parking accessed from the existing public alley to the west. Ms. Choi presented the proposed floor plan that illustrated the indoor dining areas, outdoor dining patio, and back -of -house functions, with pedestrian connections to adjacent public sidewalks. Ms. Choi explained that the proposal requires zoning relief for reduced front yard setbacks along both Main Street and Evergreen Avenue, as well as a reduction in the required number of off-street parking spaces, and that these deviations are being requested as part of the planned unit development. Ms. Choi also reviewed the architectural and site design elements of the project, including building materials, fagade articulation, compliance with the Downtown Design Guidelines, and screening of rooftop mechanical equipment and solar panels. Ms. Choi noted that a condition of approval was included requiring a glare analysis for the solar panels to ensure there would be no adverse impacts on nearby residential properties. Ms. Choi also stated that landscaping will be finalized at the building permit stage, and stormwater management requirements will be subject to final determination by the Metropolitan Water Reclamation District (MWRD) and Public Works, with any necessary design modifications eligible for administrative approval by the Village Manager. Ms. Choi noted that a 5.7-foot-wide strip of land along the west property line is proposed to be dedicated to the Village to meet alley width requirements, with the dedication to be recorded prior to issuance of a Certificate of Occupancy. Ms. Choi stated that the proposal is consistent with the Comprehensive Plan and the Village's Strategic Plan goals for downtown redevelopment and concluded her presentation with staff's recommendation approving of the conditional use, subject to the conditions listed in the staff report. Ms. Choi requested 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. A conditional use for a preliminary and final Planned Unit Development (PUD) consisting of cone -story restaurant with outdoor dining, subject to the following conditions: a. Deviations or exceptions from the Village's Zoning Code as necessary to permit development of the Subject Property asa planned unit development in accordance with this Ordinance and the Approved Plans (as defined below), including all specific zoning deviations and exceptions set forth in the Petitioner's application materials. b. Development of the site in strict conformance with the following Approved Plans dated 12/19/2025: i. Architectural plan set (14 sheets) titled "New Free Standing One -Story Dine -In Service Restaurant With Exterior Patio FatpourTapworks Planning & Zoning Commission Meeting —January 8, 2026 PZ-31-25 Page 3 of 273 Zoning Review Package: 12/19/2025" and prepared by Aria Group Architects, Inc.; ii. Architectural elevations (6 pages) titled "Fatpour Tap Works Zoning Review" prepared by Aria Group Architecture + design, and dated December 4, 2025; iii. Engineering plan set (10 sheets) titled "Site Improvement Plans for Fatpour Tap Works" and prepared by Jacob & Hefner Associates, Inc.; c. Compliance with all applicable Village Code requirements, including, but not limited to zoning, fire, building, environmental health, sign, and other Village Codes and regulations; d. The use of stucco or engineered stucco systems (EIFS -type) is prohibited. e. The proposed solar panels shall not be visible when viewed from the public right-of-way or from residentially zoned property and shall be fully screened by the raised parapet wall. The Petitioner shall submit a glare analysis for the rooftop solar panels demonstrating that glare or reflected light will not adversely impact the Prospect Place building (11 W. Prospect Place) or its dwelling units. The analysis shall include seasonal variations of the sun and its reflection on the Prospect Place building/units. f. Should stormwater management requirements imposed by MWRD and/or the Village's Public Works/Engineering Department require modifications to the site design, staff recommends that such changes be subject to administrative review and approval by the Village Managerlot g. A five and seven -tenths -foot -wide (5.7') area extending along the entire Length of the west property line shall be dedicated to the Village by the Petitioner through a plat of dedication. The plat of dedication shall be recorded prior to the issuance of a Certificate of Occupancy; h. Submittal of irrigation and photometric plans that comply with Village codes and regulations; i. All signs shall be submitted, reviewed, and approved during the permitting process. All signs shall conform to Village Code. Any future relief requested for signage shall require an application for a minor amendment to the PUD; j. All rooftop mechanical equipment shall be hidden when viewed from ground Level as viewed from the public right of way or property line of any adjacent residentially zoned property. Screening of the RTUs shall be a continuous, permanent, sound attenuating and noncombustible screen of a color compatible with the principal structure. The parapet wall shall be raised to provide full screening of any RTUs. The Director of Community Development is authorized to approve the design of any additional required screening; k. The Petitioner shall address all comments included in the Village review Letter dated December 29, 2025 (PZ-31-25) attached as Exhibit B of the staff report. Planning & Zoning Commission Meeting —January 8, 2026 PZ-31-25 Page 4 of 273 Ms. Choi highlighted four conditions unique to the proposed request, including the requirement that all rooftop solar panels be screened; the submission of a glare analysis to confirm there will be no adverse impacts on the Prospect Place residences; authorization for any site plan modifications resulting from the MWRD or Public Works stormwater management requirements to be approved administratively by the Village Manager without the need for a minor PUD amendment; and the dedication of a 5.7-foot-wide strip of land along the west property line to the Village, with the dedication to be recorded prior to issuance of a Certificate of Occupancy. Ms. Choi stated that the Village Board's decision is final for the case and concluded her presentation. Acting Chair Szymczak asked whether the Commission had any questions for staff. Commissioner Weir inquired about the purpose of the dedication located along the rear of the building. Ms. Choi presented a slide depicting the dedication and explained that the alley measures 24 feet 6 inches in width, with a portion currently located on private property. Commissioner Weir asked whether the highlighted area contained any public utilities or if it was solely intended to achieve the required alley width. Ms. Choi responded that the dedication is needed to meet the required alley width. Director Shallcross added that a two-way drive aisle requires a minimum width of 24 feet and that, given the presence of perpendicular parking and two-way vehicular movements within the alley, the additional width is necessary to safely accommodate traffic. Commissioner Weir asked whether relief was being requested for both the front yard setback along Evergreen Avenue and the side yard setback along Main Street, and also questioned why the walkway along the rear of the building was proposed at a width of 7 feet. Ms. Choi responded that relief is being sought for building setbacks along both Evergreen Avenue and Main Street. Director Shallcross explained that the Public Works Department requires a minimum sidewalk width of 7 feet when adjacent to parking stalls to account for potential vehicle overhang. Director Shallcross noted that while a 5-foot sidewalk typically satisfies ADA requirements, the additional width is necessary because vehicles will regularly overhang into the walkway, and staff therefore applied the minimum width required by the Village's Engineering Department. Commissioner Weir noted that wheel stops were provided and asked whether they would prevent vehicle overhang. Director Shallcross responded that wheel stops could prevent overhang if properly maintained, but that the wider sidewalk represents a belt -and -suspenders approach. Ms. Choi added that the wheel stops are designed to allow for a 2-foot vehicle overhang. Commissioner Costa asked whether the parapet screening would obscure the solar panels and reduce their efficiency. Director Shallcross responded that staff does not believe the screening will materially affect the panels' performance, as the panels are tucked behind the north parapet wall and oriented to face south, away from the nearest parapet wall. Director Shallcross acknowledged that some partial shading could occur at times; Planning & Zoning Commission Meeting —January 8, 2026 PZ-31-25 Page 5 of 273 5 however, given the potential aesthetic impacts and the applicable design guideline requirements, staff required that the developer screen the solar panels along with the other rooftop mechanical equipment. Hearing no further questions from the Planning and Zoning Commission, Acting Chair Szymczak swore in the following individuals: • Petitioner, Arthur Holmer, 1307 N. Clybourn Avenue Suite A, Chicago, IL • Architect, Neal Thompson, Aria Group Architects, 830 North Boulevard, Oak Park, IL Commissioner Weir noted that there is a strong visual emphasis on the back -of -house area, as reflected by the black fagade, and acknowledged that the petitioner is seeking relief for the side yard setback. Commissioner Weir asked whether additional visual mitigation could be provided along that fagade. Mr. Thompson responded that the floor plan currently includes a setback between the front -of -house and back -of -house areas, and that this transition could be made more pronounced through the use of architectural piers to add depth and articulation. Mr. Thompson also noted that the outdoor patio and operable partitions opening to the patio would introduce activity and visual interest from the main dining area, with patrons eating and drinking, including people "curling", circulating along that side of the building. Mr. Thompson added that, if required as a condition of approval, the petitioner would be willing to pull the back -of -house functions further back. Commissioner Olsen asked the petitioner whether there were any concerns regarding parking. Mr. Holmer responded that he was not concerned, as he believes there is sufficient parking in the surrounding area to support the restaurant. Commissioner Weir asked how many on -street parking spaces are available, noting that the code requires 11 spaces while only 8 are proposed on site. Mr. Thompson responded that several on -street spaces are available along Evergreen Avenue, as well as in the adjacent parking lot associated with St. Mark's Church. Commissioner Weir then asked whether the petitioner would be able to utilize the adjacent parking lot. Mr. Thompson stated that there is an agreement between the church and the Village allowing use of that lot. Director Shallcross stated that the Village recently authorized the purchase of the parcel containing the parking lot and that, pursuant to the purchase, a parking rider requires that at least 30 parking stalls remain available within 500 feet of St. Mark's Lutheran Church. Director Shallcross explained that, until at least 30 new parking stalls are provided elsewhere in the area, a minimum of 30 stalls in that lot will remain available for public use. Director Shallcross further noted that nearly 50 public parking spaces are available in the Wille Street parking lot one block away, approximately 150 spaces are available along Prospect Avenue, and close to 50 additional spaces are available along Evergreen Avenue Planning & Zoning Commission Meeting —January 8, 2026 PZ-31-25 Page 6 of 273 west toward Witte and Pine Streets. Director Shallcross stated that there are hundreds of parking spaces in the immediate area and that the Village is currently conducting a separate parking utilization study to evaluate parking usage at various times and days. Based on current conditions, staff believes there is sufficient parking in the vicinity to accommodate the demand generated by Fatpour Tapworks and noted that the provision of 8 on -site parking spaces is also beneficial for patrons. Commissioner Costa asked how many staff members would be employed at the facility. Mr. Holmer responded that the restaurant plans to employ approximately 50 individuals, with roughly 15 to the mid-20s employees working at any given time. Commissioner Weir then asked whether employees would park remotely rather than using the 8 on -site parking spaces located at the rear of the restaurant. Mr. Holmer responded that employees would Likely park off -site. Director Shallcross added that most on -street parking in the downtown area is limited to two- to four-hour durations, which is insufficient for restaurant staff who typically require Longer parking periods. Director Shallcross noted that the restaurant would also want to avoid employees occupying the parking spaces immediately adjacent to the building. Director Shallcross explained that the Witte Street parking lot is available for businesses with employees who need extended -duration parking, and that staff may register their vehicles to receive authorization to park there for longer periods. Director Shallcross also noted that the Village Hall parking deck is available as an additional parking option. Commissioner Weir noted that a sizable skylight is proposed over the bar area and asked whether the lights would be turned off when the restaurant is closed to avoid impacts on nearby residents. Mr. Thompson responded that the skylight is not expected to extend above the surrounding parapet wall and that the adjacent single-family residences would not be adversely affected. Mr. Thompson stated that residents of Prospect Place may be able to see the skylight when illuminated; however, the lighting would not be very bright. Mr. Thompson further noted that the restaurant intends to close at 11:00 p.m., at which time the lights would be turned off. Commissioner Weir also asked whether light poles would be installed in the parking area or if the area would be illuminated by building -mounted lighting. Mr. Thompson responded that the parking area would be lit from the building. Commissioner Weir then inquired whether the proposed lighting would comply with the Dark Sky Association requirements. Mr. Thompson stated that a photometric plan had been submitted and, while additional refinements are needed, the project intends to comply with those standards. Commissioner Costa asked the petitioner to explain how stormwater issues at the site would be addressed, noting that she continued to have some reservations about approving the planned unit development should the MWRD require significant changes that could affect the site. Commissioner Costa stated that the area is already fully developed and Planning & Zoning Commission Meeting —January 8, 2026 PZ-31-25 Page 7 of 273 FN congested and expressed concern that certain stormwater questions remained unresolved. Commissioner Costa acknowledged, however, that the provision of on -site stormwater detention was a positive aspect of the proposal. Mr. Thompson responded that the project's civil engineer was present and available to address those questions. Acting Chair Szymczak swore in the civil engineer for the project, Jason Cebulski, 1333 Butterfield Rd #300, Downers Grove, IL. Mr. Cebulski stated that the subject site is approximately 0.4 acres in size and that the MWRD requires stormwater detention only for sites with three acres or more of contiguous ownership; therefore, the project does not trigger MWRD detention requirements and is subject only to the Village's ordinances. Mr. Cebulski further explained that MWRD volume control requirements apply to sites greater than one-half acre, and the project is also below that threshold. Mr. Cebulski noted that a letter requesting confirmation of this determination was submitted to the MWRD the prior week following receipt of the Village's review letter, and that a response is anticipated within approximately one week. Regarding flooding concerns, particularly for the property to the south, he explained that storm sewer pipes are proposed along the southern portion of the site to collect runoff and convey it north. Mr. Cebulski added that the petitioner will continue to coordinate with Public Works staff on the detention basins and, if MWRD ultimately determines that detention is not required, the basins may be reduced to maximize green space. Mr. Cebulski stated that the project team is awaiting MWRD's formal determination, which will be independent of the Village's stormwater review. Commissioner Weir asked about the origin of the name "Fatpour." Mr. Holmer explained that the name refers to the larger beer pours served in tall mugs, noting that patrons may order either a regular pour or a "fat pour." Mr. Holmer added that the proposed restaurant would be the company's fourth location. Mr. Holmer stated that the first location opened in Wicker Park in 2012, the second opened in 2018 adjacent to McCormick Place within a tri-brand Hilton hotel, and the third location recently opened in Lincolnwood. Acting Chair Szymczak invited members of the public to provide comment. Charles Chen, 218 South Main Street, Mount Prospect, IL, asked about the proposed occupancy of the restaurant. Mr. Thompson responded that the restaurant would accommodate more than 100 patrons. Mr. Chen then asked whether the Village would receive any revenue for the use of public parking spaces. Director Shallcross responded that the Village would receive revenue in the form of taxes generated by the restaurant. Mr. Chen expressed concern that the restaurant would use public parking spaces at no cost, to the detriment of the public. Director Shallcross responded that the Village has adopted a policy allowing forgiveness of floor area for downtown businesses when calculating parking requirements, as the Village does not expect each business to Planning & Zoning Commission Meeting —January 8, 2026 PZ-31-25 Page 8 of 273 8 accommodate all parking demands on -site. Mr. Chen further noted that, based on a parking ratio of four spaces per 1,000 square feet of floor area, he anticipated an overflow of approximately20to 30vehicles beyond the on -site parking provided. Mr. Chen also raised several additional concerns, including traffic circulation near the intersection of Main Street and Evergreen Avenue, noting that vehicles making right turns from Main Street onto Evergreen Avenue often do so sharply, which he believed could create safety issues for restaurant patrons walking along these streets. Mr. Chen suggested that the site's previous use as a gas station may have been better suited to vehicle maneuvering due to the available turning space. Mr. Chen also expressed concern about pedestrian safety in the area, citing narrow 5-foot- wide sidewalks along both Main Street and Evergreen Avenue. Mr. Chen suggested that widening the sidewalks to7feet could help alleviate pedestrian congestion and reduce potential liability concerns. In addition, Mr. Chen noted that he was OK that there are several other pubs operating in the immediate area. Mr. Chen suggested that a location between Le Peep and Continental Bakery might be more appropriate for a pub -style use, citing better access to parking and smaller adjacent streets that would be safer for patrons to cross compared to Evergreen Avenue, Main Street, and Northwest Highway. Mr. Chen further noted that The Dawson also has a vacant ground -floor tenant space that could potentially accommodate such a use. Acting Chair Szymczak asked if any additional members of the public wished to speak. Nate DeVan, 210 S. Wille Street, Mount Prospect, IL, stated that he had identified approximately 6 pub or bar -style restaurants in the surrounding area and questioned the need for an additional establishment of a similar type. Mr. DeVan expressed concern regarding increased competition, the potential impact on existing businesses, and whether the community needs another restaurant offering similar fare, such as beer and burgers. Mr. DeVan also raised concerns regarding parking and traffic, noting that Wille Street is frequently used as a cut -through from Main Street, often at high speeds. Mr. DeVan stated that nearby residents may be concerned about increased on -street parking and traffic impacts associated with the proposed restaurant. Commissioner Weir asked the petitioner to respond to the concerns raised by members of the public, including questions related to traffic flow, whether the intersection of Main Street and Evergreen Avenue had been studied, and issues related to parking, congestion, and overall safety. Mr. Thompson responded that traffic study was not prepared, and the 7-foot walkway is Located along the west side of the building to get people from the parking to the restaurant. Mr. Thompson stated that he does not believe a lot of people will be spilling out onto Main Planning & Zoning Commission Meeting —January 8, 2026 PZ-31-25 Page 9 of 273 9 Street because the main entrance is on Evergreen Avenue and the doors that open onto Main Street are for emergency egress only. Commissioner Weir asked whether a public sidewalk exists along the street, its width, and whether it would remain in place without a carriage walk separating it from the roadway. Mr. Thompson responded affirmatively, stating that the sidewalk is 5 feet wide, would remain as -is, and that no carriage walk is proposed. Commissioner Weir also asked whether the outdoor seating area would be fenced and whether patrons would be contained within the patio area. Mr. Thompson responded in the affirmative, noting that the area would be enclosed and that gates are provided for emergency purposes only and would not serve as primary points of ingress or egress during normal business hours. Acting Chair Szymczak asked about the hours of operation. Mr. Holmer stated that the hours have not been solidified but that they may extend past 11:00 p.m. Commissioner Costa asked if the outdoor area would be packed up or still fenced off during the colder months. Mr. Thompson stated that the fence is permanent but express doubt that anyone would be sitting out there during the colder weather. Commissioner Costa asked whether the petitioner was concerned about competition in the area. Mr. Holmer responded that he believes the restaurant would offer a distinct concept, describing it as a polished, casual American fare sports bar where patrons can feel comfortable in either formal or casual attire. Mr. Holmer stated that no similar establishment currently operates in the immediate area and that the concept is slightly elevated in terms of food quality, beverage selection, and decor. Mr. Holmer added that the restaurant would include a vibrant event space, would engage with the community, and would focus on attracting local patrons rather than visitors from Chicago, which he stated is key to the restaurant's long-term success. Commissioner Weir asked staff if the sidewalk along Main Street is continuous against the road or if it jogs back. Director Shallcross responded that the sidewalk is a continuous carriage walk all the way through the S-curve of Main Street/Elmhurst Road. Hearing no further comments from the Commission, Acting Chair Szymczak closed the public hearing and requested a motion. Commissioner Weir proposed adding a condition to address the black facade located at the southern end of the east elevation, stating that it should either be set back or treated architecturally to avoid appearing as a "black box." Director Shallcross restated Commissioner Weir's request to confirm accuracy and clarified that the Commission would be approving the petition as recommended by staff, with an additional condition requiring the black portion of the eastern elevation to either be further set back from Main Street, enhanced architecturally, or screened with landscaping, due to its prominence along Main Street, subject to approval by the Director of Community Development. Planning & Zoning Commission Meeting —January 8, 2026 PZ-31-25 Page 10 of 273 10 Commissioner Weir then made motion to approve the request with the conditions outlined by Director Shallcross, and Commissioner Olsen seconded the motion. UPON ROLL CALL AYES: Szymczak, Weir, Olsen, Fricano NAYS: Costa The Planning and Zoning Commission gave a positive recommendation (4-1) for the next Village Board meeting to be held on January 20, 2026. After hearing no additional items of new business, Acting Chair Szymczak asked if there were any citizens to be heard. Hearing no further discussion, Commissioner Weir made a motion, seconded by Commissioner Olsen, and the meeting was adjourned at 7:50 PM. Ann Choi, Development Planner Planning & Zoning Commission Meeting —January 8, 2026 PZ-31-25 Page 11 of 273 Subject Meeting Fiscal Impact (Y/N) Dollar Amount Budget Source Category Type Information Item Cover Page PZ-12-25 / 1522 N Elmhurst Rd / CU: Tobacco / Village Board Final February 26, 2026 - REGULAR MEETING OF THE MOUNT PROSPECT PLANNING AND ZONING COMMISSION 10 NEW BUSINESS Action Item The Petitioner (Rabic Maaz, Mazmus LLC) is seeking conditional use approval to operate an existing 900 square foot tobacco establishment (Smoke N Vape) at the subject property (1522 North Elmhurst Road). The tobacco shop has been closed since August 2024, therefore, the Petitioner must obtain conditional use approval to re-establish the use. The proposed business meets the standards for a conditional use and, therefore, staff is supportive of the request. Discussion BACKGROUND The subject property is a single -story multi -tenant commercial building with a mixture of restaurant, retail, medical, and personal service establishments. The tenant space was formerly occupied by FMMF LLC dba Smoke N Vape Guys from 2021 to 2024. The business license under the former owners was revoked in August 2024 due to tobacco sales to minors. Prior to the tobacco shop, the space was occupied by Focus Bookstore & Herbs from 2016 to 2020. PROPOSAL The Petitioner, Rabia Maaz of Mazmus LLC, proposes to re -open the tobacco establishment at the subject property. The Petitioner stated in the application that the business will be a retail smoke and vape shop offering a wide range of smoking and vaping products and accessories, including vape devices and accessories, pod systems, e-juices and e-liquids, glass pipes and accessories, tobacco and rolling products, grinders, hookahs and flavored shishas, and "Good Stuff" brand pipe tobacco. The proposed hours of operation are Monday through Sunday 10:00 AM to 9:00 PM, with two staff members trained in product knowledge, customer service, and compliance with age -restricted sales laws. The Petitioner notes this is the company's first retail business, and the owner will oversee daily operations, inventory management, and compliance with all local and state regulations. The Petitioner intends to use the existing floor plan with no interior or exterior renovations requiring a building permit. Parking: The uses in the shopping center require 64 parking stalls, and the parking lot is Page 12 of 273 striped with 64 parking stalls. The minimum parking requirement is met. Tobacco Addendum: The Petitioner submitted a business license application and a tobacco establishment addendum according to the requirements of Village Code Chapter 11, Article 8 for Sale of Tobacco and Related Products. PUBLIC COMMENT Staff received one written comment in opposition to re-establishing the tobacco shop. The resident noted that the prior tobacco shop generated litter (boxes, disposable vapes) that ended up in the parking lot, right of way, and on nearby residential properties. STANDARDS AND FINDINGS Staff has reviewed the Petitioner's request for a conditional use to operate a tobacco establishment and finds that the standards have been met. The Petitioner wrote in their application that they are aware of the local, state, and federal requirements regarding tobacco sales and distribution. Staff is unaware of any connection between the Petitioner and the former owners whose business license was revoked. The Police Department confirmed that the Petitioner has met the standards to obtain a tobacco establishment business license. Alternatives A. Approval of the following motion: 1. ""A conditional use to operate a tobacco establishment at 1522 North Elmhurst Road, subject to the following conditions: a. Consumption of tobacco products on site is prohibited; b. The business shall hold a valid Mount Prospect business license; c. No lighting shall be used to illuminate window areas or the perimeter; d. Exterior lighting shall be limited to standard building -mounted fixtures required for safety and shall not include decorative or promotional lighting (e.g. neon, colored LED strips); e. No temporary or A -frame signs shall be displayed outside the premises; f. No window signage shall be permitted, including promotional materials, product advertisements, or decals, except for a small sign on the front door displaying only the business name, hours of operation, and required legal postings (e.g. ""Must be 21+11); g. The sale of branded or novelty items (e.g. cartoon-themed items, smoking accessories marketed toward youth) is prohibited; h. Compliance with all applicable development, fire, building, and other Village codes and regulations; i. Compliance with all applicable local, state, and federal laws regarding the sale and distribution of tobacco and related products; j. A new conditional use approval shall be required for: i . A change of ownership involving 50% or more of the officers or partners; ii. A change in legal entity; or iii. A change in location; and k. This conditional use may be revoked by the Village if substantiated complaints are received regarding non-compliance with these conditions or violations of law." B. Action at the discretion of the Planning and Zoning Commission. Staff Recommendation Approval of a conditional use to operate a tobacco establishment at 1522 North Elmhurst Road, subject to the conditions listed in the staff report. Attachments Page 13 of 273 1. PZ-12-25 Staff Report 2. PZ-12-25 Administrative Content 3. PZ-12-25 Plans 4. PZ-12-25 Public Comment Page 14 of 273 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: February 19, 2026 CASE NUMBER PZ-12-25 PUBLIC HEARING DATE February 26, 2026 APPLICANT/PROPERTY OWNER Mazmus LLC / Colony Court Shopping Center LLC PROPERTY ADDRESS/LOCATION 1522 N Elmhurst Rd BRIEF SUMMARY OF REQUEST The Petitioner (Rabic Maaz, Mazmus LLC) is seeking conditional use approval to operate an existing 900 square foot tobacco establishment (Smoke N Vape) at the subject property (1522 North Elmhurst Road). The tobacco shop has been closed since August 2024, therefore, the Petitioner must obtain conditional use approval to re-establish the use. The proposed business meets the standards for a conditional use and therefore Staff is supportive of the request. 2024 Aerial Image 2025 Village of Mount Prospect Zoning Map Prospect Heights 111, ;t EXISTING EXISTING LAND USE/ SURROUNDING ZONING & LAND USE SIZE OF ZONING SITE IMPROVEMENTS North: B1 Retail Business (Prospect Heights) PROPERTY B-3 Community Multi -tenant East: 131 Retail Business (Prospect Heights) 900 SF (Tenant) Shopping commercial South: R-1*Single Family Residential PUD West: C-R Conservation Recreation STAFF RECOMMENDATION APPROVE APPROVE WITH CONDITIONS DENY H:\PLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-12-25 1522 N Elmhurst Rd (CU-Tobacco).docx 1 Page 15 of 273 BACKGROUND / PROPERTY HISTORY The subject property is a single -story multi -tenant commercial building with a mixture of restaurant, retail, medical, and personal service establishments. The tenant space was formerly occupied by FMMF LLC dba Smoke N Vape Guys from 2021 to 2024. The business license under the former owners was revoked in August 2024 due to tobacco sales to minors. Prior to the tobacco shop, the space was occupied by Focus Bookstore & Herbs from 2016 to 2020. PROPOSAL The Petitioner, Rabia Maaz of Mazmus LLC, proposes to re -open the tobacco establishment at the subject property. The Petitioner stated in the application that the business will be a retail smoke and vape shop offering a wide range of smoking and vaping products and accessories, including vape devices and accessories, pod systems, e-juices and e-liquids, glass pipes and accessories, tobacco and rolling products, grinders, hookahs and flavored shishas, and "Good Stuff" brand pipe tobacco. The proposed hours of operation are Monday through Sunday 10:00 AM to 9:00 PM, with two staff members trained in product knowledge, customer service, and compliance with age -restricted sales Laws. The Petitioner notes this is the company's first retail business, and the owner will oversee daily operations, inventory management, and compliance with all local and state regulations. The Petitioner intends to use the existing floor plan with no interior or exterior renovations requiring a building permit. Parking: The Village code requires parking based on land use. The subject property is a shopping center under 30,000 square feet, which requires 4 spaces per 1,000 square feet of gross floor area. Heffy's Hotdogs (a restaurant) is calculated separately. Lou Malnati's is take-out only, therefore it qualifies under the shopping center parking calculation. The parking lot is striped with 64 parking stalls, including 3 accessible parking stalls. The minimum parking requirement for the existing and proposed uses are met. Use Parking Minimum Variables Spaces Required Freestanding stores and 4 spaces per 1,000 square feet of shopping centers (up to gross floor area. (Restaurants as 13,560 SF 55 30,000 square feet) tenants require separate parking calculations.) 12 spaces per 1,000 square feet of Restaurant without a bar floor area (excluding areas for 750 SF 9 storage, corridors, and bathrooms) Total Required: 64 (3 accessible) Total Provided: 64 (3 accessible) Tobacco Addendum: The Petitioner submitted a business license application and a tobacco establishment addendum according to the requirements of Village Code Chapter 11, Article 8 for Sale of Tobacco and Related Products. PUBLIC COMMENT Staff received one written comment in opposition to re-establishing the tobacco shop. The resident noted that the prior tobacco shop generated litter (boxes, disposable vapes) that ended up in the parking lot, right of way, and on nearby residential properties. STANDARDS AND FINDINGS The Planning and Zoning Commission shall review the standards and findings of fact outlined in H:\PLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-12-25 1522 N Elmhurst Rd (CU-Tobacco).docx 2 Page 16 of 273 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. Staff finds that the proposed conditional use meets the applicable standards contained in the Mount Prospect 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: "Motion to approve: 1. "A conditional use to operate a tobacco establishment at 1522 North Elmhurst Road, subject to the following conditions: a. Consumption of tobacco products on site is prohibited; b. The business shall hold a valid Mount Prospect business license; c. No lighting shall be used to illuminate window areas or the perimeter; d. Exterior lighting shall be limited to standard building -mounted fixtures required for safety and shall not include decorative or promotional lighting (e.g. neon, colored LED strips); e. No temporary or A -frame signs shall be displayed outside the premises; f. No window signage shall be permitted, including promotional materials, product advertisements, or decals, except for a small sign on the front door displaying only the business name, hours of operation, and required legal postings (e.g. "Must be 21 +"); g. The sale of branded or novelty items (e.g. cartoon-themed items, smoking accessories marketed toward youth) is prohibited; h. Compliance with all applicable development, fire, building, and other Village codes and regulations; i. Compliance with all applicable local, state, and federal laws regarding the sale and distribution of tobacco and related products; j. Anew conditional use approval shall be required for: i. A change of ownership involving 50% or more of the officers or partners; ii. A change in legal entity; or iii. A change in location; and k. This conditional use maybe revoked by the Village if substantiated complaints are received regarding non-compliance with these conditions or violations of law." The Village Board's decision is final for this case. ATTACHMENTS: ADMINISTRATIVE CONTENT PLANS OTHER upplemental Information, (Zoning Request Application, Responses o (Plat of Survey, Site Plan, etc.) P blic Comments Received, Standards, etc...) etc...) 1 concur: Jason C Shallcross, AICP, CEcD Director of Community Development H:\PLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-12-25 1522 N Elmhurst Rd (CU - Tobacco).docx 3 Page 17 of 273 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 contrary to 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 states that the business will strictly comply with all local, state, and federal laws, and they will enforce a zero -tolerance policy for underage access. The Petitioner asserts that they will maintain a neat storefront and signage fully compliant with Village standards, and will contribute to an active, occupied commercial corridor. The Petitioner argues that the business aligns with the district's commercial character and will not impede development or improvement of surrounding properties. The Petitioner notes that all required utilities, including electric service, water, sewer, and storm drainage, are already available and sufficient for the proposed use. The Petitioner anticipates customer traffic that is moderate and consistent with typical retail patterns. Per the application, the proposed use is consistent with the Comprehensive Plan by supporting commercial vitality, occupying existing retail space, and contributing to the area's economic stability. The Petitioner concludes that they will comply fully with all applicable zoning district regulations, including signage, operational standards, licensing, and product display requirements. Staff's Findings: Staff has reviewed the Petitioner's request for a conditional use to operate a tobacco establishment and finds that the standards have been met. Staff did not find evidence that the business would endanger public health, safety, morals, comfort, or general welfare. The Police Department confirmed that the Petitioner has met the standards to obtain a tobacco establishment business license. The Petitioner wrote in their application that they are aware of the local, state, and federal requirements regarding tobacco sales and distribution. Staff is unaware of any connection between the Petitioner and the former owners whose business license was revoked. No physical changes are proposed for the interior or exterior that would impede improvement of the surrounding properties, impact public utilities or drainage, or cause traffic congestion in the public streets. The subject property is designated "Neighborhood Center" in the future land use plan and the proposed retail use is compatible with the mix of small-scale commercial uses already established in this area. H:\PLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-12-25 1522 N Elmhurst Rd (CU-Tobacco).docx 4 Page 18 of 273 JAA PERMIT PROJECT FRIAP'l FILE #i*m 25-001956 1522 N ELMHURST RD MOUNT PROSPECT I L. 60056 THIS ADDRESS HAS AN OPEN FILE WITH AN EXPIRED PERMIT ON IT, FEE OUTSTA ND I N G ON PARC EL - CALL B U I LD I NGI TO S EE I F IT SHOULD HOLD UP THE TRANSFERTHERE IS AN ALERT ON THIS P RO P ERTY - P LEASE CONTACT T H E B U I LD I NG D EPT. PZI-12-25 (1522 N ELMHURST RD) CU - TOBACCO PERMIT #0. PZZ25-0000,08 Permit Type Zoning Request Application ISubtype Zoning Request Work Descriptlow PZ-1 2-25 (1522 N Elmhurst Rd) CU, - Tobacco le j l int Mazmus LLC dba Smoke, N Vape 2 - Rabia Man Status, Under Review Valuation 011.00 91 FEES & PAYMENTS Plan Check Fees, 250-00 Permit Flees, 0.00 Total Amount 250.00 Amount Paid 250.00 Balance Due 0.00 FINon-Billable PERMIT DATES Appl ication Date 04/23/2025 Approlval Date Issue Date, Expiration Dateo Page 19 of 273 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. Summary of Proposal We would like to open E-Cigarette and Tobacco shop/ Smoke Shop CLICK HERE for Conditional Uses, Variations, Zoning Map and Text Amendments Submission Requirements (Proof of Ownership ....... III II IIG: II�J �, Please upload the Property Owner's Signature by downloading this attachment HERE IIIiii ,iii iir ....... IIIIIL IIL . IIV; „ III:, III �' Illw,,�IIL..f.. II: (III III:: IIV; : ..... . I ....... IIII�m III For Owner Affidavit CLICK HERE (Affidavit of Ownership (Notarized) 2:Affidavit � �: i°� iir � �III�� iii III W Ili d f (Paid Receipt of the most recent tax bill iFeg c� ir %ir' Office. �ll ���o, IIin ii s. p(: rm r I: property it a x Il�b ii III III M IIp d f (Responses to applicable standards t ii ari .... s (,� ..S ta ter r i eri.t. p dl. (Plans IIplat .i iir m Ildl.f.: Si to II III �- iri M pd (III IIIooiirll IIIa n. IIp I ....... s iii gfirm III (°III f iii.......IICII)e rr iii IIIrr o f. t iini lii is iii iir�i .�IIhe (III; �..j iii IIId iii iirncIII:°��� j............... Sr r i dke II ,,W II[) e plairi i p(if ( (Legal Description III...... g a 1 III::°) , .............. ciiiriii llp fl dou N> v u> v H v Document indicating intent to buy or lease Page 20 of 273 51-INew sirn(,-,Nke sl"i�qp Ilease - lVit Mcaaz - Ipd,If ("'I ),Ipdf Legal Notice Address, Labels Buffer Map, Other ...Srndke NJ Va, pe 2.....Tdbacco, Adde�ndLfltl)...A 2,,1,1,',5 df ORDINANCE OR RESOLUTION Ordinance or Resolution Approval Ordinance or Resolution # ZONING REQUEST(S) (Check all that apply) 2ion di:ion al Use lNumber ofCon ditional Uses 1 For Tobacco Establishment, T,Yee of'Con dition al Use Other properties less than 1 acre, soo# F—TVa r i at'i on (s) FIZoning M;ap, Amendment F]Zoning'Text Amendment F-1other I affirm, that all information, provided: herein; and'in, all materials submitted in, as,,sociation, with, this applicationare true, and' accurate to the best of'my kn,owledge. Sig"nature s ii a in, atu . 1'.,j in g FEE DESCRIPTION TOTAL Con difiors al Use Le,ss than 1 250.00 acre fee Ptan Check Fees 2,50.00, Permit Fees, 0.010, Page 21 of 273 -W)ATE RECEIVED FROM 12/17/2025 Mazmuls LLC dba, Smoke, N, Vape 2 - Rabla, Ma,a,,z 250.00, AMOUNT 250.00 250.00, 0.011101 Page 22 of 273 V illage of Mount Prospect l' Community Devetopment Department 50 S. Emerson Sti,reet Mount Prospect, 1111nols 60056 Phone: (847) 818-5328 Property Owner ■Checkif Same as Appticant Name. JVsephim Lampi"gilo C orp o ra t'l o n: Address: PO Box 204 CRY, State, ZIP Clode: Addison,, IL6,01,01, Phone: I E m a i t: Weration of the "nformat*ion conta'i'ned 'n th's petftion as, wett as, att support' 15n consi I I I ing, docurnentatloon, 'it is, requested that approvat ��be, golven to this request. The, apptolcant les the owner or authorized representab"ve of the owner of the property. The peb"Umoner and the owner of the property grant emptoyees, of the Vittage of Mount Prospect and theoir agent's perrnlmss'lion to enter on the property duriong, reasonabte ��hours, for vles,uat Oins,pectioon of the s,ubject property., CRIff RTIIM�� (Print', or Type Name) 11 FIT! III :v I hereby designate the apptcant to act as, my agent, for the purpose of seeking the zoning request(s) descr"I'llibeidin this aptication and t] e!! associated supporting, material ��`��!"IIProperty Owner,*..---hme Date- 04/22/2025 (Signature) JolseL)htne Lampignwi,o (Print, or Type Name) Page 23 of 273 Alffli'davit oflOwnership COUNTYOF COOK STATE OF'IWNOIS e, t a I ol AW f t e A tY A 0 *t idt", 'Pi, Mwpe *av Offim fa Oor �of theg property Wit IM" id LI ION,/ E 4k, bly '00 , LI 6A, ""as of" thit, "'MME, ........... c 4 . . .... (priht name OW .... ..... 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Tt',ftis deed VIS, ffi(adfe sUfbjerctto lien of every trust deled or mfortgage (iff any V-,,tefrr,P,,,,, be) in said gJ,,(/:-v/;-en secure the paynient of moi�i�ey, /,d refr,,T,,)i,,airi,,,'i��,r�,ig uritrelea,se,c):J at t,t"Ie datte of de,U,%,o(er,'/f)y,, a ri reof. 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Original Billed Amomyt: Due Date: ,�////////////////////////,. .................... ............................................................. ........... . .................... ........ . .. . ................ .. ......................... . . ......... CUIT16', unt/�// $0.00 ..................... 'Total Arniount Due. -I $01.00 P,rq,, writy Location: 15,22 N ELM H U RST R D M QU PROP ECT, I L 60,05 &,00 00 Volume,,, 233 Scroll down for mare information Mailing Information-, COLOW COURTSHOPPING P 0 BOX 204 ADDISON, IL 6,01,01-0,204 Update Ybur Inforl"T'llation #4 'Curd" it Am unt, D Jule : $0.00 Tbtal Amount, B" Hied- $112,205.36 hftps-Iw, ww- coo, klCOUntlytreasuirer-comill"you rpropertyta�,overviiewiesuI ts..aspx Page 28 of )h 12/15/2511 12"'.221 PM�� Cook County TreaSerr er's Office - Chicago, 111inais Original Billed Amoum 0op � 9 �45 Due Date: 04 .... .............. ........... Tal . . . .................... ..................... .... "ISMAMMEM/l/m/ WWII ................. ................... ................................... 2 ................................ .......... ......... . curre' 100 Total Amount Duc., F Current Amn,, ount, Due io $0.00 AAbout' pay,,m. ent's-, Paymem are recarde,d t, hie date, they are -received. T,,hey app ear on the w0site, about three, "usin ess days later. Tax I r'2 0,2,3 Seeo nd In sta IIIme nt Due, Thhursday 4 August 1, 202 Tax Yea r'2 0,24 Secal nd Insta I [me, nt Due Monday, Deem, ber 1,511, 202 5 StOp receiving yo ur, taxbill "by mall. 11 X sig�nupf�o�re,Bilt'nig�,tor,,eirie,,iive,,fut,ure,ta bills viaemail. Gu r records do, not i nd icate a refu nd ava flable on the P I N You have e Me red. II 11�piipiqpiii qr I Hom, eawner Exemn ptionw. Senior Utzen Exemption: Senior Freeze Eicemn ption: Returning Veteran Exem,, ption: Disabled Person Exemvpti,on: Disabled Veteran Exemption - Apply for a inhssliln g exery"i ption 2024 21023 2022 2021 NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NIQ NO NO hftps-/'Iw, ww- coo, kWtintytreasuirer-com/your propertyta�,overviiewiesuIt ..a Page 29 of ih SHOPPING CENTER LEASE THIS LEASE is made and entered into on this 20th day of February 2025, by and between Josephine Lampignano as a member of Colony Court Shopping Center, LLC, hereinafter called "Landlord" and Rabia Maaz hereinafter called "Tenant". In consideration of the mutual Covenants and Agreements herein stated to be kept and performed by Tenant, the Landlord hereby leases to Tenant and Tenant does hereby lease from Landlord the Premises herein described: 1. PREMISES The premises leased hereunder consist of a store unit defined as a Unit located at 1522 N Elmhurst Rd, in the Shopping Center commonly known as Colony Court Shopping Center, in the City of Mount Prospect, County of Cook, State of Illinois. Said premises consist of approximately 900 square feet, 5.43 % of total gross square feet of floor area in all buildings located in the Shopping Center. 2. TERM The term of the Lease shall be for a period of 2 years with a 2% increase in rent on February 20, 2026 and each year thereafter during the term hereof; it shall commence on February 20, 2025, and it shall terminate on February 19, 2027, unless it is sooner terminated as provided hereinafter. This lease is contingent upon Village of Mount Prospect approval. 3. LEASE YEAR Each period of twelve consecutive calendar months commencing on the fourth (20th) day of February and ending on the following 19' of February during the term shall be known as "Lease Year" for the purpose of Tenant's year end. If the rental shall commence to accrue or terminate under the terms hereof, on a date other than the Lease Year, then the first lease year or the last year, as the case may be, or both, shall be treated on a proportionate basis for the purpose of "calculating" Rent as hereinafter defined. 4. OPTION Provided Tenant is not in default of the terms and provisions hereof, Tenant shall have the option to extend the term and provisions of this lease for an additional two (2) years. The conditions, covenants and provisions hereof shall remain in full force and effect; except that the initial rent due hereunder shall be $2,084.00 with a 2% yearly increase. The option may be exercised by Tenant giving written notice of its election to so exercise to the Landlord, by Registered or Certified Mail, at least one hundred twenty (120) days, but not sooner than one hundred eighty (180) days, prior to the end of the original lease term. 5. USE Tenants shall use the Premises for selling all tobacco, cigars, CBD products, and all related smoke shop products approved by the Village of Mount Prospect and shall not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord. Tenant shall at all times conduct their business in accordance with the highest standards of that type of 1 Initials Page 32 of 273 business and which will not injure or detract from the reputation of the Shopping Center or its other tenants. No auction, fire, bankruptcy, liquidation or similar sales shall be conducted in or from the Premises. Tenant shall not sell or serve or permit the sale or service of any alcoholic beverage on or from the Premises, nor occupy nor use the Premises (nor permit the use of occupancy of the Premises) for any purpose of or in any manner which: a) is unlawful or in violation of any applicable legal, governmental or quasi -governmental requirement, ordinance or rule (including the Board of Fire Underwriters); b) may be dangerous to person or property; c) may invalidate or increase the amount of premiums for any policy of insurance affecting the Shopping Center, (and if any additional amounts of insurance premiums are so incurred, Tenants shall pay such additional amounts to Landlord on demand); or d) may create a nuisance, disturb any other tenant of the Shopping Center or any occupant of neighboring property or injure the reputation of the Shopping Center. Tenant shall be the sole exclusive provider of services and of sales of the related products as aforementioned in the Shopping Center. 6. RENT Tenant agrees to pay $2,003 to the Landlord as Rent, without notice or demand, the monthly sum as shown on the Rent Schedule attached on page 13. Said rental shall be paid to the Landlord without deduction or offset, in lawful money of the United States of America, at such place as Landlord may from time to time designation in writing. The first month rental shall be paid upon the signing of the lease. Any payments received after the 5' of each month shall have a late payment fee of 1.5% of the rent prorated per day. The parties understand and agree that the Rent due and payable hereunder is Gross Rent, inclusive of common area maintenance expenses, real estate taxes and landlord's insurance costs. 7. SECURITY DEPOSIT Tenant will provide a security deposit in the amount of $1,850.00. Said sum shall be held by the Landlord as security of the faithful performance by Tenant of all terms, covenants, and conditions of this lease to be kept and performed by Tenant during the term hereof. If Tenant defaults with respect to any provisions of this Lease, including, but not limited to the provisions relating to the payment of rent, Landlord may (but shall not be required to) use, apply or retain all or any part of this security deposit for the payment of any rent or any other sum in default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said deposit is so used or applied, Tenant shall, within sixty (60) days after written demand therefore, deposit the sum required in order to restore the security deposit to its original amount. Landlord shall not be required to keep this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposits. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the security deposit or any balance thereof shall be returned to Tenant (or at Landlord's option, to the last assignee of Tenant's interest hereunder) within thirty (30) days following expiration of the Lease term. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said deposit to Landlord's successor in interest. 8. COMMON AREAS The term "Common Area" refers to all areas within the boundaries of the Shopping Center which 2 Initials Page 33 of 273 are now hereafter made available for general use, convenience and benefit of Landlord, all Tenants and other persons entitled to occupy spaces in the Shopping Center, which areas shall include, but not be limited to, Parking Areas, Driveways, Open or Enclosed Malls, Sidewalks, Sidewalk Overhang, Shopping Center Roof, and Landscaped and Planted Areas. The use of Parking and other Public Areas shall be subjected to the following. A) The right of the Landlord to substitute, from time to time, for any parking area, or part thereof, other parking space reasonably accessible to the Tenant and Tenant's employees, agents, customers, invitees; B) The right of the Landlord to make such changes in the public area as will not substantially reduce the total public area but will, in the sole judgment of the Landlord, be for the best interests of the Tenant, including the right to relocate any public improvements thereof, so long as it does not impair Tenant's business operation; Q The right to improve, remodel, make changes in buildings and other premises, including entrances loading docks and other portions of said Shopping Center, so as to keep the character of the Shopping Center up to standard. For the good and welfare of all Tenants in said Shopping Center, their employees, agents, customers and invitees, Landlord expressly reserves the right to determine the manner in which said Parking Areas, and other areas common to all Tenants of the said Shopping Center, shall be maintained, and to promulgate reasonable rules and regulations relating to the use of all public areas. Any changes in the rules and regulations of Shopping Center shall not, however, unreasonably interfere with the Tenant's use or enjoyment of the Premises. Landlord shall be responsible for the snow removal on the sidewalk and entry door to the space. 9. ALTERATIONS AND ADDITIONS Tenant shall not make nor allow to be made any alteration, additions or improvements to or of the Premises, or any part thereof, without the written consent of Landlord first had and obtained, and any alterations, additions or improvements to or of said premises, including, but not limited to, wall covering, paneling, and built-in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a part of the realty and belong to the Landlord and shall be surrendered with the Premises. In the event Landlord consents to the making of any alterations, additions, or improvements to the Premises by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense. Upon the expiration or sooner termination of the term hereof, Tenant shall, upon written demand by Landlord, given at least thirty (30) days prior to the end of the term, at Tenant's sole cost and expense, forthwith and with all due diligence, remove any alterations, additions, or improvements made by Tenant, designation by Landlord to be removed, and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair any damage to the premises caused by such removal. Landlord acknowledges that all current signage, alterations and condition of the premises are acceptable as of the date of this Lease. 3 Initials Page 34 of 273 10. REPAIRS By entry hereunder, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition, and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair, including, without limitation, the maintenance, replacement and repair of any storefront, front and rear doors, window casements, glazing, heating and air-conditioning systems, (Tenant shall obtain a service contract for repairs and maintenance of said system, said maintenance contract to conform to the requirements under the warranty, if any on said system), plumbing, and plumbing issues connected with the sewer or any backups, pipes, electrical wiring and conduits. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to the Landlord in good condition, broom clean, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Any damage to adjacent premises caused by Tenant's use of the Premises shall be repaired at the sole cost and expense of Tenant. 11. LIENS Tenant shall keep the Premises and property in which the premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant. Landlord may require, at Landlord's sole option, that Tenant shall provide to Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1-1/2) times the estimate cost of any improvements, additions, or alterations in the Premises which the Tenant desires to make, to insure Landlord against any liability for mechanic's and materialmen's liens and to ensure completion of the work. 12. RULES Tenant shall not erect, install, display, inscribe, paint or affix any sign, lettering or advertising medium to, upon or above the exterior of the leased Premises or the building in which the leased Premises are situated, nor to the interior glass surface of any entrance door or show window nor within any show or display window space, without, in each instance, the prior written approval of Landlord. Tenant shall not use any advertising medium that shall reasonably be deemed objectionable to Landlord or a nuisance to other Tenants, including, without limiting the generality of the foregoing: loud speakers, phonographs, and radio or television broadcasts, in a manner to be heard outside of the leased Premises in an unreasonably loud manner. Tenant shall not install any exterior lighting or plumbing fixtures, shades or awnings, or any exterior decorations, or painting, or build any fences; nor install any radio or television antenna, loud speaker's, sound amplifiers, or similar devices on the roof or exterior walls of the building unless with the advance written consent of Landlord. Except as otherwise herein provided, Tenant shall have the right, at its sole cost and expense, to erect and maintain within the interior of the Premises all signs and advertising matter customary or appropriate in the conduct of Tenant's business; provided, however, that Tenant shall upon demand of the Landlord, immediately remove any sign, advertisement, decoration, lettering or notice which Tenant has placed or permitted to be placed in, upon or about the Premises and which Landlord reasonably deem objectionable or offensive, and if Tenant fails or refuses so to do, the 4 Initials Page 35 of 273 Landlord may enter upon the Premises and remove the same at Tenant's cost and expense. In this connection, Tenant acknowledges that the Premises are a part of an integrated Shopping Center, and agrees that control of all signs by the Landlord is essential to the maintenance of uniformity, property and the aesthetic values in or pertaining to the Shopping Center. Tenant shall not use the sidewalks of the Shopping Center for business purposes except ingress and agrees, without the written consent of the Landlord, nor permit the use of any part of the leased Premises for sleeping apartment or lodgings. No auction, fire, bankruptcy or closing -out sales shall be conducted in the leased Premises without the advance written consent of the Landlord. Tenant will not use or permit the use of the premises in any such matter that will tend to create a nuisance or tend to unnecessarily disturb other Tenants or occupants of the Shopping Center. The restrictions set forth in this Paragraph shall extend to all Agents and Employees of Tenant. 13. INSURANCE Tenant shall procure companies satisfactory to Landlord and maintain during the term of this Lease at its own cost and expense, a policy or policies of insurance in form satisfactory to Landlord insuring Landlord and Tenant as their interest may appear as hereinafter required. A. Public Liability and Property Damage Insurance:_ From and after the commencement date of this lease and throughout the residue and term of this lease and any extensions thereof, the Tenant shall protect, indemnify and save harmless the Landlord from and against any and all liability to third parties incurred by any act or neglect of the Tenant, or any of its agents, servants, or employees........... in or about the leased Premises, and shall at all times at its own cost obtain and keep in force general liability insurance including public liability and property damage insurance insuring Tenant with Landlord as an additional party insured, in amount not less than $1,000,000.00 in case of damage or injury to one person, nor less than $2,000,000.00 in case of damage or injury to more than one person in any one accident. The property damage insurance coverage required hereunder shall not be less than $50,000.00 in case of damage to property arising out of any one accident. B. Fire & Extended Coverage: The fire and extended coverage insurance required on Tenant's chattels and leasehold improvements hereunder shall not be less than full insurable value. C. Rental Insurance: Included in Gross Rent. Landlord shall procure and maintain rental insurance insuring the rental payments in the event of fire or other casualty to the leased Premises, rendering said leased Premises untenable in accordance with this Lease. Said insurance shall insure the payment of the rental terms herein for a minimum of six (6) months. Landlord shall pay the premiums, therefore, which insurance may be included in Landlord's Policy of extended coverage. D. Plate Glass Insurance: Tenant shall procure and maintain insurance against breakage of glass in exterior and interior windows and doors in or upon the leased Premises. In the event of any damages to the aforementioned Premises covered by insurance, the Tenant shall within sixty (60) days of notice thereof, file proof of loss with the insurance carrier and proceed with the collection of the claim under said policies of insurance without delay. The Tenant shall further proceed as promptly as possible with the repairing or remodeling of the damages to the Premises. In the event 5 Initials Page 36 of 273 the Tenant shall fail to proceed in prosecution of this insurance claim after notice of damage, or fails to make the repairs as aforesaid, then the Landlord may, at its option, proceed with or undertake the collection of the insurance claim and also with the work of repair of remodeling of said damaged Premises. In the event the insurance fund is insufficient to cover the cost of repairs, the excess costs shall be borne by the Tenant. 14. SUBROGATION Tenant hereby releases, Landlord, Landlord's Beneficiaries, the Agent and their officers, directors, employees, and agents, from liability or responsibility for any loss or damage to property covered by valid and collectible fire insurance with standard extended coverage endorsement, and shall extend to liability and responsibility for anyone claiming, through or under the parties by way of subrogation or otherwise. All of Tenant's insurance policies covering the Premises or their contents shall include a clause or endorsement to the effect that any release shall not adversely affect or impair such policy or prejudice the right of the party to recover thereunder, as long as the same shall be obtainable, and any extra cost therefore shall be borne by Tenant. 15. RULES AND REGULATIONS Such reasonable rules and regulations as may hereafter be adopted by Landlord for the safety, care and cleanliness of the Premises and the preservation of good order thereon, are hereby expressly made part hereof, and Tenant agrees to obey all such rules and regulations. The violation of any such rules and regulations by Tenant shall be deemed a default under this Lease by Tenant, affording Landlord all those remedies set out in Section 12 hereof. Landlord shall not be responsible to Tenant for the non-performance by any other tenant or occupant of the Building of any of said rules and regulations. At the time of the signing of this Lease the Landlord has yet to establish a formal list of rules and regulations for the building; however, the Landlord establishes the following rules at this time: (a) No Tenant or agent or employee of the Tenant shall be allowed on the roof of the Premises without the express consent of the Landlord or the Landlord's managing agent. Consent for the access required for Tenant's maintenance of the roof -top HVAC equipment is hereby expressly granted. (b) The Landlord shall not permit the Tenant or any of the Tenant's employees or agents to park vehicles of any kind or nature overnight in the parking lot without the permission of the Landlord. 16. HOLD HARMLESS Tenant agrees to indemnify and save Landlord harmless against and from any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from the conduct or management of the business conducted by Tenant in the leased Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or from any act or negligence of Tenant, its agents, contractors, servants, employees, subleases, concessionaires or licensees in or about the leased Premises. In case any action or proceeding be brought against Landlord by reason of any 6 Initials Page 37 of 273 such claim, Tenant, upon notice from Landlord, covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord. Neither the Landlord nor the Landlord's agents, servants, employees, officers or directors, shall be liable, and to the extent allowed by law the Tenant waives and releases all claims for damage to persons or property sustained by the Tenant, or by Tenant's employees, agents, servants, invitees and customers or by any other occupant of the building in which leased Premises are located, resulting directly or indirectly from any act or neglect of any other tenant or occupant of said building. This article shall apply especially, but not exclusively, to damage caused by refrigerators, air-conditioning apparatus, water, snow, frost, steam, excessive heat or cold, sewage, gas, odors, or noise or the bursting or leaking of pipes or plumbing fixtures, and shall apply equally whether any such damage results from the act or neglect of other tenants, occupants, or servants in the building, or of any other person. If any such damage results from any act or neglect of Tenant, Landlord may, at the Landlord's option, repair such damage, whether caused to the building or to tenants thereof, and Tenant shall thereupon pay to Landlord the total cost of such repairs and damages, both to the building and to tenant thereof. All personal property belonging to Tenant, or any other person that is in the leased Premises, or any other part of said building, shall be there at the risk of the Tenant, or such other person only, and neither the Landlord nor its agents or employees shall be liable for any damage thereto or the theft or misappropriation thereof. Any and all property which may be removed from the Premises by Landlord pursuant to the authority of this Lease or of Law, to which Tenant is or may be entitled, may be handled or removed by Landlord at the risk, cost and expense of Tenant, and Landlord shall in no event be responsible as warehouseman, bailee or otherwise for any property left in the Premises or the building by Tenant, or the building by Tenant, or for the value, preservation or safekeeping thereof. Tenant shall pay to the Landlord, upon demand, for all reasonable expenses incurred in any such removal of Tenant's property. 17. ASSIGNMENT OR SUBLETTING Tenant agrees not to sell, assign, mortgage, pledge, or in any manner transfer this lease or any Estate or interest thereunder and not to sublet the leased Premises or any part or parts thereof and not permit any licensee or concessionaire therein without the previous written consent of Landlord in each instance. Consent by Landlord to one assignment of this Lease or to one subletting of the Leased Premises shall not be a waiver of Landlord's rights under this Article as to any subsequent assignment or subletting. Landlord's rights to assign this Lease are and shall remain unqualified. In addition, Landlord shall not allow or permit any transfer of this Lease or any interest under it or any lien upon Tenant's interest by operation of Law without first obtaining written consent from Landlord, and any transfer, lien, assignment or subletting not so consented to by Landlord at Landlord's option shall be invalid and of no force or effect whatsoever. Any such subletting, even with approval of the Landlord, shall not relieve Tenant from liability for payment of the rental herein provided, or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to have waived any of the provisions of this Article or to be consent to the subletting 7 Initials Page 38 of 273 of the leased Premises absent written consent thereto. This Paragraph shall be binding upon the Executors, Administrators and personal representatives of Tenant. Any and all of the Landlord's expenses, including reasonable legal fees, relating to such subletting or an assignment shall be at the Tenant's expense. 18. RIGHT TO ENTER Landlord reserves the right to enter upon the leased Premises at reasonable hours to inspect the same, or to make repairs, additions or alterations to the leased Premises or other property, or to exhibit the Premises to prospective tenants, purchasers, or others, or to enter at any time in the event of an emergency and to display during the last one hundred twenty (120) days of the term, without hindrance or molestation of Tenant, "For Rent" or similar signs on windows or doors in the leased Premises. 19. HOLDING OVER If Tenant remains in possession of the Premises or any part thereof after expiration of the term hereof without the express written consent of Landlord, such occupancy shall be a tenancy from month to month at a rental in the amount of two (2) times the last monthly Minimum Rent, plus all other terms hereof applicable to a month to month tenancy. 20. UTILITIES Tenant shall pay for all water, gas, heat, electric power, sewer charges, telephone service and all other services and utilities supplied to the Premises, together with any taxes thereon. If any such services are not separately metered to Tenant, Tenant shall pay a reasonable proportion to be determined by the Landlord of all charges jointly metered with other premises. 21. UNTENANTABILITY In the event the leased Premises shall be destroyed, or so damaged by fire, explosion, windstorm or other casualty as to be untenantable, Landlord may restore the leased Premises within a reasonable time after the casualty insurance claim has been paid, or in the alternative, terminate this Lease as of the date of the destruction or damage, in either case by giving Tenant notice within sixty days (60) after the date of the destruction or damage. The Rent shall abate on a per diem thirty -day month basis during the period of restoration. In the event the leased Premises shall be damaged as aforesaid but are not thereby rendered untenantable, Landlord shall restore the leased Premises with reasonable dispatch, and while such damage is being repaired, Tenant shall be entitled to any equitable abatement or the Minimum Rent as determined by Landlord. Landlord shall not be liable or responsible for any delay in rebuilding or repairing due to labor controversies, riots, acts of God, national emergency, acts of a public enemy, governmental laws or regulations, inability to procure materials or labor, or both, or the delay in payment by the insurer, or any other cause beyond its control. 22. EMINENT DOMAIN If twenty-five (25%) percent or more of the Premises shall be taken or appropriated by any public or quasi -public authority under the power of eminent domain, either party hereto shall have the right, at its option, within sixty (60) days after said taking to terminate this Lease upon thirty (30) 8 Initials Page 39 of 273 days written notice. If less than 25% of the Premises are taken (and neither party elects to terminate as herein provided), The Rent thereafter to be paid shall be equitably reduced. If any part of the Shopping Center other than the Premises may be taken or appropriated, Landlord shall within sixty (60) days of said taking have the right at its option to terminate this Lease upon written notice to Tenant. In the event of any taking or appropriation what -so -ever, Landlord shall be entitled to any and all awards and or settlements which may be given and Tenant shall have no claim against Landlord for the value of any unexpired term of this Lease. 23. TENANT'S DEFAULT The occurrence of any one or more of the following events shall constitute a default and breach of this Leased by Tenant: abandonment of the Premises by Tenant; the failure by Tenant to make any payment of rent or any other payment required to be made by Tenant hereunder, as and when due, where such failure shall continue for a period of five (5) days after written notice thereof by Landlord to Tenant; the failure by Tenant to observe or perform any covenants or provisions of this Lease to be observed or performed by Tenant, where such failure shall continue for a period of ten (10) days after written notice thereof by Landlord to Tenant; the making by Tenant of any general assignment or general arrangement for the benefit of creditors; the operation or supervision of the business conducted in the leased Premises by a creditor's committee or by anyone other than the Tenant; the taking of any action for the voluntary dissolution of Tenant; or the filing by or against Tenant of a petition to have Tenant adjudged bankrupt, or a petition of reorganization or arrangement under any law relating to bankruptcy (unless, in the case of petition filed against Tenant, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within thirty (30) days, or the attachment, execution or other judicial seizure of all or substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged in thirty (30) days. 24. REMEDIES IN DEFAULT In the event of any such default or breach by Tenant, Landlord may at any time thereafter, exercise any or all following remedies, after notice or demand and without limiting Landlord in the exercise of a right or remedy which Landlord may have by reason of such default or breach: (A) Terminate, Tenant's right to possession of the Premises, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to the Landlord . In such event, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including, but not limited to, the cost of recovering possession of the Premises; expenses of re -letting, including necessary renovation and alteration of the Premises; reasonable attorney's fees; (B) Maintain Tenant's right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event, Landlord shall be entitled to enforce all of Landlord's rights and remedies under this Lease, including the right to receive the rent and any other charges and adjustments as may become due hereunder; 9 Initials Page 40 of 273 (C) Upon the termination by reason of the foregoing, Landlord may re-enter the leased premises with process of law, using such force as may be necessary, and remove all persons and chattels therefrom, and Landlord shall not be liable for damages or otherwise by reason of re-entry or termination of the term of this Lease. Not -withstanding such termination, the liability of Tenant for the Rent provided for here -in -above shall not be extinguished for the balance of the term remaining after said termination, and Landlord shall be entitled to recover immediately as liquidated damages an amount equal to the Rent for the said balance of the term less any rental receive from the Premises for the said balance of the term. Landlord shall use commercially reasonable best efforts, re -let the leased Premises or any part thereof for account of Tenant for such rent. The term of said re -letting shall be at the Landlord's sole discretion; In the event of any breach by Tenant of any of the provisions of this Lease, Landlord may immediately or any time thereafter, with notice to Tenant, cure such breach for the account and at the expense of Tenant. If Landlord at any time, by reason of such breach, is compelled to pay, or elects to pay, any sum of money or do any act which will require the payment of any sum of money, or incurs any expense, including reasonable attorney's fees, in instituting or prosecuting any action or proceedings to enforce Landlord's rights hereunder, the sum or sums so paid by Landlord, with interest thereon at the rate of one and one-half (1-1/2%) percent per month from the date of payment thereof, until paid in full, shall be deemed to be additional rent hereunder and shall be due from Tenant to Landlord on the first day of the month following the payment of such respective sums or expenses. The Tenant covenants and agrees that no waiver of any breach of the same or any other covenant. All rights and remedies of Landlord herein enumerated shall be cumulative and none shall exclude any other right of remedy allowed by Law, and said rights and remedies may be exercised and enforced concurrently and whenever and as often as occasion therefore arises. No receipt of money by Landlord from Tenant after the commencement of any suit, or after final judgment for possession of the Premises shall reinstate, continue or extend the term of this Lease or affect any such notice, demand or suit unless acknowledged by Landlord in writing. 25. CORPORATE AUTHORITY If Tenant is a corporation, each individual executing this Lease on behalf of said corporation represents and warrants that he (she) is duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with a duly adopted resolution of the board of directors of said corporation, a copy of which is attached hereto, in accordance with the by-laws of said corporation, and that this Lease is binding upon said corporation in accordance with its terms. 26. CHANGES AND ADDITIONS Landlord reserves the right to make such changes and additions in and to the Shopping Center as from time to time constituted, as in Landlord's absolute discretion are desirable, provided, however, that no such changes or additions shall reduce the ratio of total square feet of parking area to the total square feet of rentable floor space in all buildings located in the Shopping Center. Such ratio shall be established on the basis of the Zoning and Building Codes of the Municipality having jurisdiction of the Shopping Center, however, Landlord shall not impair the access or 10 Initials Page 41 of 273 visibility of the premises so as to prevent Tenant from conducting its business. 27. SUCCESSORS AND ASSIGNS The Landlord and the Tenant covenant and agrees between the Parties hereto that all covenants, conditions, and agreements and undertakings in this Lease shall extend to and be binding on the respective successors and assigns of the respective Parties hereto in the same manner as if they were in every case named and expressed. It is expressly understood and agreed by and between the Parties hereto that this Lease and any Riders attached hereto forming a part thereof, set forth all the promises, agreements, conditions and understanding between the Landlord and the Tenant relative to the leased Premises, and that there are no other promises, agreements, conditions or understandings, either oral or written, between them other than are herein set forth. It is understood and agreed that no subsequent alteration, amendments, change or addition to this Lease shall be binding upon the Landlord or the Tenant unless reduced to writing and signed by them, and by direct reference therein made a part hereof. 28. SIGNS No Tenant shall install any exterior sign without the express written consent of the Landlord. The Landlord may establish at his own discretion a general motif for the entire Property including all exterior signage. Also signage shall comply with local ordinances and regulations, and the cost of obtaining approval from any and all local and/or governmental authorities shall be the expenses of the Tenant. The cost of said sign and installation associated with said sign shall be at the sole expense of the Tenant. It is specifically understood that the sign post and attached fixture and lighting is the sole and exclusive property of the Landlord. 29. SALE OF PREMISES BY LANDLORD In the event of any sale of the premises by Landlord, Landlord shall be and is hereby entirely freed and relieved of all liability under and all of its covenants and obligations contained in or derived from this lease arising out of any act, occurrence, or omission occurring after the consummation of such sale; and the Purchaser, at such sale or any subsequent sale of the Premises, shall be deemed, without any further agreement between the parties of their successors in interest or between the parties and any such Purchaser, to have assumed and agreed to carry out any and all of the covenants and obligations of the Landlord under this Lease. 30. BROKERS Tenant warrants that it has not had dealings with a real estate broker or agent in connection with the negotiation of this Lease. Tenant furthermore warrants that it, (does not know) of other real estate brokers or agents who are entitled to a commission in connection with this Lease. 31. PARTIAL INVALIDITY Any provision of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof and such other provision shall remain in full force and effect. 11 Initials Page 42 of 273 32. GOVERNING LAW The Laws of the State of Illinois shall govern validity, performance and enforcement of this Lease. The heading of the several articles contained herein are for convenience only and do not define, limit, or construe the contents of such articles. 33. NOTICES All notices under this Lease shall be deemed to have been properly served if delivered in writing personally or by registered or certified mail, return receipt requested, to the Landlord at: Josephine Lampignano P.O. Box 204 Addison, Illinois 60101 or such other place or places as it may designate in writing from time to time, or to the Tenant at: Rabia Maaz 1180 Heather Lane Glen Ellyn, IL 60137 by registered or certified mail, return receipt requested, at the above address, or such other place as it may designate in writing from time to time. Date of service of the notice by mail shall be three days after the date on which such notice is mailed. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease and affixed their respective Seals as of the day and year first above written. LANDLORD: TENANT: Josephine Lampignano Rabia Maaz Owner Date Tenant Date Personal Guaranty The undersigned hereby agrees to personally guarantee each and every provision of this lease and all performance and obligations thereunder. Rabia Maaz Date 12 Initials Page 43 of 273 13 RENT SCHEDULE Lease Year No. Minimum Months Monthly Rent 02/20/2025 to 02/19/2026 12 $203.00 02/20/2026 to 02/19/2027 12 $2,043.00 TWO YEAR OPTION Lease Year No. Minimum Months Monthly Rent 02/20/2027 to 02/19/2028 12 $21084.00 02/20/2028 to 02/19/2029 12 $2,126.00 Initials Page 44 of 273 SmokeNvape2 mazmuzllc 1522 N Elmhurst Rd Mount Prospect, IL Date: Dec/03/2025 Village of Mount Prospect Planning & Zoning Division Subject: Conditional Use Standards — Response Statement Business: SmokeNvape2 (mazmuzllc) Address: 1522 N Elmhurst Rd, Mount Prospect, IL To the Planning & Zoning Commission: Please find below our responses to the Conditional Use Standards for approval of a smoke and vape retail shop at the above -listed location. 1. Public Health, Safety, Morals, Comfort, and General Welfare SmokeNvape2 will operate in strict compliance with all local, state, and federal regulations, including ID verification and age -restricted sales. The store will enforce a zero■tolerance policy for underage access and will maintain a clean, professional, and well■monitored environment. No onsite product consumption will be permitted. As a low■impact retail business, the operation will not create noise, odors, or hazards. Therefore, the use will not be detrimental to public health, safety, morals, comfort, or general welfare. 2. Impact on Surrounding Properties and Property Values The proposed use is compatible with nearby commercial activities and will not interfere with the enjoyment or permitted use of surrounding properties. SmokeNvape2 will maintain a neat storefront and signage fully compliant with Village standards. As a specialty retail business drawing responsible adult customers, the use will not diminish property values and will contribute to maintaining an active, occupied commercial corridor. 3. Orderly Development of Surrounding Properties The smoke and vape shop will not impede the development or improvement of surrounding properties. It aligns with the district's commercial character and supports economic growth by utilizing an existing retail space. The business does not require modifications that would limit future development in the area. 4. Adequate Utilities, Access, Drainage, and Facilities All required utilities, including electric service, water, sewer, and storm drainage, are already available and sufficient for the proposed use. No additional public utilities or infrastructure improvements are necessary to support SmokeNvape2's operation. 5. Ingress, Egress, and Traffic Management The site provides safe, established ingress and egress with adequate parking. The anticipated customer traffic for SmokeNvape2 is moderate and consistent with typical retail patterns. The business will not cause congestion or negatively impact public streets, and all vehicle circulation will remain safe and efficient. 6. Consistency with the Comprehensive Plan The proposed use is consistent with the Village's Comprehensive Plan by supporting commercial Page 45 of 273 vitality, occupying an existing retail space, and contributing to the area's economic stability. The business will bring additional tax revenue and promote active use of commercial property within the district. 7. Conformance with Zoning District Regulations SmokeNvape2 will comply fully with all applicable zoning district regulations, including signage, operational standards, licensing, and product display requirements. Any recommendations or conditions set forth by the Planning & Zoning Commission will be adhered to. In all other respects, the use conforms to zoning requirements. Thank you for your consideration. We look forward to working closely with the Village throughout this process. Sincerely, SmokeNvape2 — mazmuzllc 1522 N Elmhurst Rd Mount Prospect, IL Page 46 of 273 Page 47 of 273 rl ra T1 L P, EEM 9 Page 48 of 73 RM f' 4 tl _•d '" ti9 111 � y d � �. � Lq,'s � '�""`., � .� ��, � i 'pr �,, f "r� ^ I '•, k . ,., i 8 , 4 � k � . i� A.L.... ;� wr y� tl a 3 ..� 4 �.,.,,4.�.,._". �,..,�.w...,„. -. ,--+ { a �. �...V _" p r •Yid@ 1 q\°d Tp' ,��4...� »_..._..�., ,�LLJ ,A. c u ! JU k T 7 d p4 J p ...„ ,p FT-- T u9^'� ry--* -*-fir*,. ice-r---m-�-. "r G lP9 • k; l _..�._.__..__...._. #? t& � _ k �, " �,. �� �. Yd .r 'gy k .w^.. , .. �^ Y L . ,� 9'Y a � ....� �d r�91 .� tL ,� ;„,t M r.'ti �+ � aM c• ,� 1I6 ..� Pik c r'e f 7 ,M Jil o. RR s r N w pp e f "t" " w I � 3 q d x ti � 1 n m M : v In , �" , f " G � a"� r. tlr•" frr.., �: q � ..J't t kk 40. L �Y .tiP� 4%.PAR _.`",�a. � �,� e•, ,. Page 49 of 273 Page 50 of 273 i��l,fr 1�/ I, 1� �/` ("i lllllllllllll U r N (6 Ll- - re Al 0 �l° �` ' Al' Z C E, . .. . .......... P/ . .................. .. . .. Lv iVA" - I lob I Page 52 of 273 Addl;,ess,.,, 15,2;2 N e�lm "'ilurst rd,Mauntmoprospect I B u ; tiness S � Description SimokleNVApie 2, will specialize in the salie of., 12, LIO CQ M Mull A Ow 9,10H Will Page 53 of 273 l � l,'elvenue Sources: Retaiii sialbs of tobacco, vape products,,, and accessoriies,,. 8. Go,a I s Page 54 of 273 From: Katie Kina To: Lalaaos, Antonia Subject: Opposed to tobacco establishment at 1522 N Elmhurst Rd Date: Tuesday, January 20, 2026 1:52:42 PM Hello, I'm writing to formally oppose allowing a tobacco establishment to operate at 1522 N Elmhurst Rd. I reside on Camp Mcdonald Rd, and anecdotally I have noticed a vast improvement in the cleanliness quality of the parking lot and road since the prior smokeshop closed. Previously, we would notice quite a lot of rubbish from boxes and disposable vapes littering the road, which would then collect in our yard and gutters. It appears that the type of clientele that frequented the previous business led to more garbage in the streets, and I have been happier having clean roads and a clean yard in the months since that business closed. I would not like to return to the prior state by allowing another tobacco establishment to open. Thank you, Katie King Page 55 of 273 Subject Meeting Fiscal Impact (Y/N) Dollar Amount Budget Source Category Type Information Item Cover Page PZ-22-25 / 200 E Rand Rd / CU: Final PUD / Village Board Final February 26, 2026 - REGULAR MEETING OF THE MOUNT PROSPECT PLANNING AND ZONING COMMISSION N NEW BUSINESS Action Item The Petitioner (REIT 200 LLC) is requesting a final Planned Unit Development (PUD) at 200 East Rand Road (the subject property). The Petitioner proposes to re-establish the hotel, restaurant, and banquet hall uses at the subject property. The building has been vacant since the Holiday Inn hotel and Bar Louie restaurant closed in 2020. The proposal meets the requirements and standards of the Village Code, and Village Staff ('Staff") is supportive of the requests. Discussion BACKGROUND The subject property was annexed to the Village in 1961 and in 1966 was developed as a Holiday Inn hotel with a pool, restaurant, and banquet hall / meeting spaces. The hotel complex operated continuously from its construction in 1966 until its closure in late 2020, with major interior remodels in 1977, 1998, and 2009. The property has been vacant since the Holiday Inn's closure and has experienced significant vandalism and deterioration. PROPOSAL The Petitioner, REIT 200 LLC, is proposing to re-establish the hotel, restaurant, and banquet facility again under the Holiday Inn brand. The Petitioner proposes to keep the existing floor plans and square footage for the previous uses, and provide a "full cosmetic refresh" of the interior and exterior of the building. Site Plan: The subject property consists of two parcels totaling 2.93 acres, with existing access points on Kensington Road and Rand Road. As a condition of approval, Staff will require the Petitioner to apply for an administrative plat of consolidation to combine the two parcels. The Petitioners are proposing to restripe the parking lot to increase the onsite parking from 137 to 140 stalls and pave a gravel area along the west property line where it is too narrow for plantings to grow. The existing parking lot and building setbacks are nonconforming under current zoning standards and would require relief if constructed today (see Table 1). Approval of the Planned Unit Development (PUD) would authorize the continuation of these existing conditions. No modifications are proposed to the current setbacks, building height, or lot Page 56 of 273 coverage, other than where the Village is requesting the Petitioner donate land to accommodate the intersection and sidewalk improvement efforts at Kensington, Elmhurst, and Rand Roads. Table 1: B-3 Zone Minimum Setbacks Required Yard Minimum Setback B-3 Subject Property Interior east 10' 4,581 Interior west 10' ,,, Front 30' 136.68" -(Kensington) Rear Rand 20' 82.83' Parking Lot I 10.0' Uses: The three-story primary structure is approximately 80,000 square feet in size, containing 139 guestrooms, a 5,326 square -foot restaurant, and a 3,376 square -foot banquet / meeting space. Hotel guest amenities include a fitness center, indoor pool/spa, meeting space, business center, and guest laundry. As of this writing, a restaurant tenant has not been identified by the Petitioners. In the B-3 zoning district, restaurants and banquet facilities are permitted uses while hotels and motels are conditional uses. Elevations: The existing building materials will remain, including stone veneer, painted concrete masonry units (CMUs), and Exterior Insulation and Finishing Systems (EIFS). The Petitioner proposes to refresh the exterior with new paint, to replace damaged stonework, and to replace damaged doors and windows. Parking: The Petitioner proposes to restripe the existing 137-stall parking lot to 140 parking stalls on site, to provide a 24-hour complimentary shuttle service between the hotel and airport, and the Petitioner has executed cross -use parking agreements with the neighboring properties at 201 East Kensington Road (1st Family Dental) and 303 East Kensington Road (Red Barn Restaurant). Per the Zoning Code off-street parking requirements, these adjacent properties have a surplus of 42 parking stalls (see Table 2) that the Petitioner has secured the use of to address the property's shortage of code -required parking stalls. The Petitioner has also agreed to landbank the open space at the north end of the subject property, which could be converted into 10 to 25 additional parking stalls if area parking demand exceeds supply (see Exhibit B. "Landbank Parking and Monitoring Plan"). The Petitioner engaged Kimley-Horn to conduct a parking study to estimate peak parking demand for the subject property using two methods of analysis. Table 3 compares the parking demand methods and the projected deficit or surplus at the subject property with on -site, off - site, and land banked parking. Table 3: Holiday Inn -Estimated Parking Deficiency/ Surplus Minimum Stalls Onsite Onsite (140) Onsite (140) Required Parking Only +Cross Use +Cross Use (140 stalls) (42) (42) +Land Method Bank 25 Village Zoning 267 -127 -85 -60 Code L.Parkin Stud 103 +37 +79 +104 Page 57 of 273 U LI Parking Study: ITE 133 +7 +49 +74 As a condition of approval, staff is requiring the Petitioner to conduct monthly parking utilization counts according to the schedule in Exhibit B, ""Landbank Parking and Monitoring Plan." If parking utilization at the subject property exceeds 85% of available spaces or if the Village documents negative impacts to adjacent properties or public rights of way, the Village may require installation of the deferred parking spaces in the land -banked area. Landscaping: The existing landscaping is nonconforming due to lack of landscape beds on the perimeter of the property and at the foundation of the building at the time of construction. The Petitioner is proposing four new trees, 69 new shrubs, and various groundcover and ornamental grasses to fill the existing parking lot islands. The land banked area will remain open lawn as stipulated by the "Landbank Parking and Monitoring Plan" (Exhibit B). Lighting: The Petitioner did not propose changes to the exterior lighting. A fully compliant photometric plan will be required as part of building permit submittal. Signage: The Petitioner intends to replace the five existing signs on the property: two freestanding signs and three wall signs. The freestanding sign at the Kensington Road entrance will be relocated further south once the north property line is adjusted to accommodate the right of way expansion. All signs shall meet the requirements of Chapter 7 of the Village Code and will require a separate sign permit. PUBLIC COMMENT As of this writing, staff has not received public comment on the proposal. STANDARDS AND FINDINGS Staff notes that the revitalization of the subject property has been listed in the Village Strategic Plan as a ""Management in Progress" item since it was abandoned in 2021. The proposal would support public safety by repairing a vacant structure that has numerous maintenance and safety issues and would promote general welfare by filling a key vacancy along a major commercial corridor. Staff voiced concerns about the potential parking deficiency and overflow onto adjacent properties, however, the Petitioner secured cross -access parking agreements with two neighboring properties, agreed to land bank additional parking spaces, and will monitor and report parking utilization to the Village as a condition of approval. The proposal aligns with the goals of the Comprehensive Plan, including reuse and modernization of an underutilized commercial site, reinvestment in older commercial buildings, and supporting key commercial corridors as community and regional destinations. 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, staff recommends approval of the conditional use request. Alternafives A. Approval of the following motion: 1. "A conditional use for a final Planned Unit Development (PUD) consisting of a 2.93-acre property with a hotel, restaurant, and banquet facility, subject to the following conditions: a. General conformance with the approved development plans which consist of the following: i. "Site Plan" prepared by Origination Design and bearing the latest revision date of December 11, 2025, except that it be modified to reflect the paving of the narrow gravel area Page 58 of 273 along the west property line prior to permit submittal, with ultimate design subject to approval by the Director of Community Development; ii. "Proposed Building Elevations" prepared by REIT 200 LLC and bearing the latest revision date of January 29, 2026; iii. ""Floor Breakdown and Staffing" prepared by REIT 200 LLC and bearing the latest revision date of January 29, 2026; and iv. "Landscape Plan" prepared by Lannert Group and bearing the latest revision date of November 10, 2025; b. Strict conformance to the "Landbank Parking and Monitoring Plan": i. Landbank Area: The Petitioner shall reserve on the approved site plan ("Landbank Site Plan") an area sufficient to accommodate ten (10) to twenty-five (25) additional off-street parking spaces, including required drive aisles, landscaping, light poles, and stormwater management facilities. The landbank area shall be graded and maintained as open space and shall not be used for buildings, storage, or other permanent improvements that would prevent future parking construction; ii. Monitoring: For the first twelve (12) months following issuance of a Final Certificate of Occupancy, the operator shall conduct parking utilization counts no fewer than four (4) days per month, including weekday and weekend evenings during peak demand periods. After the first year, counts shall occur no less than quarterly or upon request of the Village. Records of each count, including date, time, total spaces, occupied spaces, and any overflow parking, shall be maintained and provided to the Village upon request; iii. Village Verification: The Village may conduct independent parking counts or inspections at any time, with or without notice, and such observations shall control for purposes of determining compliance. Failure to provide records or submission of inaccurate information shall constitute a violation of this approval; iv. Installation of Deferred Spaces: If parking utilization exceeds eighty-five percent (85%) of available spaces on six (6) or more days within any consecutive ninety (90) day period, or if the Village documents recurring overflow parking or impacts to adjacent properties or public rights -of -way, the Village may require installation of the deferred parking spaces. Upon written notice, the Petitioner shall submit permits within ninety (90) days and complete construction within twelve (12) months; and V. Noncompliance: Failure to comply with this Section shall constitute grounds for enforcement action, including citation, fines, or suspension or revocation of the conditional use permit or business license; c. An application for a plat of consolidation shall be submitted in conjunction with the building permit application and a final plat of consolidation shall be recorded prior to issuance of the final certificate of occupancy; d. Dumpsters and containers shall be screened on all sides by a solid wood fence or equivalent screening material to a height not less than six feet (6"); e. A Photometric Plan that meets the requirements of Section 14.314 of the Village Code (Outdoor Lighting Regulations) shall be provided at building permit submittal; f. If proposed signage does not meet Chapter 7: Sign Regulations requirements, the Petitioner shall apply for an administrative PUD amendment; g. Except for the relief granted by the planned unit development, variation, and development code exception, compliance with all applicable development, fire, building, and other Village Codes and regulations is required; and h. The petition shall not be scheduled for Village Board consideration until a revised parking study, reflecting the restaurant's full square footage and detailing peak demand and shared parking availability for the hotel, has been submitted and approved by the Director of Community Development." B. Action at the discretion of the Planning and Zoning Commission. Page 59 of 273 Staff Recommendation Approval of a conditional use for a final Planned Unit Development (PUD) comprised of a hotel, restaurant, and banquet facility at 200 East Rand Road, subject to the conditions listed in the staff report. Attachments 1. PZ-22-25 Staff Report 2. PZ-22-25 Administrative Content 3. PZ-22-25 Plans 4. PZ-22-25 Parking Study and Parking Agreements Page 60 of 273 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: February 19, 2026 CASE NUMBER PZ-22-25 PUBLIC HEARING DATE February 26, 2026 APPLICANT/PROPERTY OWNER REIT 200 LLC PROPERTY ADDRESS/LOCATION 200 East Rand Road BRIEF SUMMARY OF REQUEST The Petitioner (REIT 200 LLC) is requesting a final Planned Unit Development (PUD) at 200 East Rand Road (the subject property). The Petitioner proposes to re-establish the hotel, restaurant, and banquet hall uses at the subject property. The building has been vacant since the Holiday Inn hotel and Bar Louie restaurant closed in 2020. The proposal meets the requirements and standards of the Village Code, and Village Staff ("Staff") is supportive of the requests. 2024 Aerial Image 2025 Village of Mount Prospect Zoning Map E Kensington Rd B-4 EXISTING EXISTING LAND USE/ SURROUNDING ZONING & LAND USE SIZE OF ZONING SITE IMPROVEMENTS North: B-3* Community Shopping PUD PROPERTY B-3 Community Vacant hotel with East: B-3 Community Shopping 2.93 acres Shopping restaurant and banquet South: B-3 Community Shopping West: B-3 Community Shopping STAFF RECOMMENDATION APPROVE APPROVE WITH CONDITION DENY HAPLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-22-25 200 E Rand Rd (CU - Final PUD).docx 1 Page 61 of 273 BACKGROUND / PROPERTY HISTORY The subject property was annexed to the Village in 1961 and in 1966 was developed as a Holiday Inn hotel with a pool, restaurant, and banquet hall/ meeting spaces. The hotel complex operated continuously from its construction in 1966 until its closure in late 2020 when it had been operating as a Holiday Inn, with major interior remodels in 1977, 1998, and 2009. The property has been vacant since the Holiday Inn's closure and has experienced significant vandalism and deterioration. PROPOSAL The Petitioner, REIT 200 LLC, is proposing to re-establish the hotel, restaurant, and banquet facility again under the Holiday Inn brand. The Petitioner proposes to keep the existing floor plans and square footage for the previous uses, and provide a "full cosmetic refresh" of the interior and exterior of the building. Proposed work includes but is not limited to: replacing bathroom fixtures; refinishing floors; new paint and wallpaper; new furniture and fitness equipment; replacing ceiling tiles in all corridors; repairing the swimming pool and hot tub; testing and replacing kitchen equipment; upgrading landscaping; repainting the exterior; installing new signage; and replacing and restriping the parking Lot. On September 16, 2025, the Village Board approved a resolution in support of a Class 7B designation by the Cook County Assessor, with the condition that the Petitioner obtain zoning approval within six months of the resolution date. Site Plan: The subject property consists of two parcels totaling 2.93 acres, with existing access points on Kensington Road and Rand Road. As a condition of approval, Staff will require the Petitioner to apply for an administrative plat of consolidation to combine the two parcels. The Petitioners are proposing to restripe the parking lot to increase the onsite parking from 137 to 140 stalls and will pave a gravel area along the west property line where it is too narrow for plantings to grow. The existing parking lot and building setbacks are nonconforming under current zoning standards and would require relief if constructed today (see Table 1). Approval of the Planned Unit Development (PUD) would authorize the continuation of these existing conditions. No modifications are proposed to the current setbacks, building height, or lot coverage, other than where the Village is requesting the Petitioner donate land to accommodate the intersection and sidewalk improvement efforts at Kensington, Elmhurst, and Rand Roads. The Village is requesting that the Petitioner donate a 0.60' strip of land to expand the right-of-way along the north end of the site adjacent to Kensington Road. Staff is working with the Petitioner on a plat of dedication. Table 1: B-3 Zone Minimum Setbacks Required Yard Minimum Setback B-3 Subject Property Interior (east) 10' . ' Interior (west) 10' ' Front (Kensington) 30' 136.68' Rear (Rand) 20' 82.83' Parking Lot 10.0' ' Uses: The three-story primary structure is approximately 80,000 square feet in size, containing 139 guestrooms, a 5,326 square -foot restaurant, and a 3,376 square -foot banquet / meeting space. Hotel guest amenities include a fitness center, indoor pool/spa, meeting space, business center, and guest Laundry. As of this writing, a restaurant tenant has not been identified by the Petitioners. In the B-3 zoning district, restaurants and banquet facilities are permitted uses while hotels and motels are HAPLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-22-25 200 E Rand Rd (CU - Final PUD).docx 2 Page 62 of 273 conditional uses. Elevations: The existing building materials will remain, including stone veneer, painted concrete masonry units (CMUs), and Exterior Insulation and Finishing Systems (EIFS). The Petitioner proposes to refresh the exterior with new paint, to replace damaged stonework, and to replace damaged doors and windows. Parking: The Petitioner proposes to restripe the existing 137-stall parking lot to 140 parking stalls on site, to provide 24-hour complimentary shuttle service between the hotel and airport, and the Petitioner has executed cross -use parking agreements with the neighboring properties at 201 East Kensington Road (1 st Family Dental) and 303 East Kensington Road (Red Barn Restaurant). Per the Zoning Code off-street parking requirements, these adjacent properties have a surplus of 42 parking stalls (see Table 2) that the Petitioner has secured the use of to address the property's shortage of code -required parking stalls. The Petitioner has also agreed to landbank the open space at the north end of the subject property, which could be converted into 10 to 25 additional parking stalls if area parking demand exceeds supply (see Exhibit B, "Landbank Parking and Monitoring Plan"). The Petitioner engaged Kimley-Horn to conduct a parking study to estimate peak parking demand for the subject property. Kimley-Horn visited three comparable hotels, each also having a restaurant and banquet / meeting space, to collect parking utilization data for two dates in January, documenting utilization rates between 17%and 34%. Understanding that January hotel occupancy is generally low, the study applied an adjustment factor to estimate the parking demand at peak hotel occupancy (April). This method suggested that the peak parking demand for the subject property would be 103 vehicles. The study also provided an estimate of demand based on the Institute of Transportation Engineers (ITE) data, which suggested that peak demand at the subject property would be 133 vehicles. Table 2 shows the minimum number of off-street parking spaces for the subject property based on square footage and occupancy for each use, according to the Village zoning code. Per the code, the subject property is deficient by127 parking stalls. The code, however, does not account for overlapping usage of parking stalls for those that would be staying at the hotel to attend a conference on the same property, or dine at the hotel while staying there overnight. Table 3 shows the minimum parking required for the neighboring businesses offering cross -use access, illustrating that these adjacent users have a surplus of 42 parking stalls per the zoning code. Table 4 compares the parking demand as required by the village code and projected by both the Urban Land Institute and Institute of Transportation Engineers. HAPLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-22-25 200 E Rand Rd (CU - Final PUD).docx 3 Page 63 of 273 Table 2: Holiday Inn - Off -Street Parking Minimums # of Stalls # of Stalls Deficit / Use Minimum Variable Required Provided Surplus Hotel, 1 space per guestroom plus 1 139 guest rooms 155 extended stay space per employee on peak shift 16 employees hotel, and motel Restaurant 12 spaces per 1,000 SF of floor 3768 SF (Dining Only) 74 with a bar area plus 1 space for every 3 seats 28 bar stools in the bar area' Banquet / 1 space per 3 persons capacity 100 persons 38 Meeting Space plus 1 space per employee 4 employees TOTAL 267 140 -127 Table 3: Cross -Use Parking Analysis # of Stalls # of Stalls Deficit / Use Minimum Variable Required Provided Surplus RED BARN: 12 spaces per 1,000 SF of 3768 SF (Dining Only) 84 125 +41 Restaurant with a floor area plus 1 space for 50 bar stools bar every 3 seats in the bar area' 1ST FAMILY DENTAL: 5 spaces per 1,000 square 4,722 GFA 24 25 +1 Offices: medical / feet of gross floor area dental TOTAL 108 150 +42 Table 4: Holiday Inn — Estimated Parking Deficiency/ Surplus Method Minimum Stalls Required Onsite Parking Only (140 stalls) Onsite (140) + Cross Use (42) Onsite (140) + Cross Use (42) + Land Bank (25) Village Zoning Code 267 -127 -85 -60 Parking Study: ULI 103 +37 +79 +104 Parking Study: ITE 133 +7 +49 +74 As a condition of approval, Staff is requiring the Petitioner to conduct monthly parking utilization counts according to the schedule in Exhibit B, "Landbank Parking and Monitoring Plan." If parking utilization at the subject property exceeds 85% of available spaces or if the Village documents negative impacts to adjacent properties or public rights of way, the Village may require installation of the deferred parking spaces in the land -banked area. Landscaping: The existing landscaping is nonconforming due to lack of landscape beds on the perimeter of the property and at the foundation of the building at the time of construction. The Petitioner is proposing four new trees, 69 new shrubs, and various groundcover and ornamental grasses to fill the existing parking lot islands. The land banked area will remain open lawn as stipulated by the "Landbank Parking and Monitoring Plan" (Exhibit B). Lighting: The Petitioner did not propose changes to the exterior lighting. A fully compliant photometric plan will be required as part of building permit submittal. Signage: The Petitioner intends to replace the five existing signs on the property: two freestanding signs and three wall signs. The freestanding sign at the Kensington Road entrance will be relocated 1 Per Village Code, restaurant floor area shall not include areas devoted primarily for storage, restrooms, and corridors used solely for accessing these areas. HAPLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-22-25 200 E Rand Rd (CU - Final PUD).docx 4 Page 64 of 273 further south once the north property line is adjusted to accommodate the right of way expansion. All signs shall meet the requirements of Chapter 7 of the Village Code and will require a separate sign permit. PUBLIC COMMENT As of this writing, Staff has not received public comment on the proposal. STANDARDS AND FINDINGS 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. Staff finds that the proposal meets the applicable standards contained in the Mount Prospect Zoning Ordinance. Staff requests that the Planning and Zoning Commission make motion to adoptStaff's findings as the findings of the Planning and Zoning Commission and recommend approval of the following motions: 1."Aconditional use for a final Planned Unit Development(PUD) consisting of a 2.93-acre property with a hotel, restaurant, and banquet facility, subject to the following conditions: a. General conformance with the approved development plans which consist of the following: i. "Site Plan" prepared by Origination Design and bearing the latest revision date of December 11, 2025, except that it be modified to reflect the paving of the narrow gravel area along the west property line prior to permit submittal, with ultimate design subject to approval by the Director of Community Development; ii. "Proposed Building Elevations" prepared by REIT 200 LLC and bearing the latest revision date of January29, 2026; iii. "Floor Breakdown and Staffing" prepared by REIT 200 LLC and bearing the latest revision date of January29, 2026; and iv. "Landscape Plan" prepared by Lannert Group and bearing the latest revision date of November 10, 2025; b. Strict conformance to the "Landbank Parking and Monitoring Plan": i. Landbank Area: The Petitioner shall reserve on the approved site plan ("Landbank Site Plan") an area sufficient to accommodate ten (10) to twenty-five (25) additional off-street parking spaces, including required drive aisles, landscaping, light poles, and stormwater management facilities. The Landbank area shall be graded and maintained as open space and shall not be used for buildings, storage, or other permanent improvements that would prevent future parking construction; ii. Monitoring: For the first twelve (12) months following issuance of a Final Certificate of Occupancy, the operator shall conduct parking utilization counts no fewer than four (4) days per month, including weekday and weekend evenings during peak demand periods. After the first year, counts shall occur no less than quarterly or upon request of the Village. Records of each count, including date, time, total spaces, occupied spaces, and any overflow parking, shall be maintained and provided to the Village upon request; HAPLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-22-25 200 E Rand Rd (CU - Final PUD).docx rJ Page 65 of 273 iii. Village Verification: The Village may conduct independent parking counts or inspections at anytime, with or without notice, and such observations shall control for purposes of determining compliance. Failure to provide records or submission of inaccurate information shall constitute a violation of this approval; iv. Installation of Deferred Spaces: If parking utilization exceeds eighty-five percent (85%) of available spaces on six (6) or more days within any consecutive ninety (90) day period, or if the Village documents recurring overflow parking or impacts to adjacent properties or public rights -of -way, the Village may require installation of the deferred parking spaces. Upon written notice, the Petitioner shall submit permits within ninety (90) days and complete construction within twelve (12) months; and v. Noncompliance: Failure to comply with this Section shall constitute grounds for enforcement action, including citation, fines, or suspension or revocation of the conditional use permit or business license; c. An application for a plat of consolidation shall be submitted in conjunction with the building permit application and a final plat of consolidation shall be recorded prior to issuance of the final certificate of occupancy; d. Dumpsters and containers shall be screened on all sides by solid wood fence or equivalent screening material to a height not less than six feet (W); e. A Photometric Plan that meets the requirements of Section 14.314 of the Village Code (Outdoor Lighting Regulations) shall be provided at building permit submittal; f. If proposed signage does not meet Chapter 7: Sign Regulations requirements, the Petitioner shall apply for an administrative PUDamendment; g. Except for the relief granted by the planned unit development, variation, and development code exception, compliance with all applicable development, fire, building, and other Village Codes and regulations is required; and h. The petition shall not be scheduled for Village Board consideration until a revised parking study, reflecting the restaurant's full square footage and detailing peak demand and shared parking availability for the hotel, has been submitted and approved by the Director of Community Development." The Village Board's decision is final for this case. ATTACHMENTS: I concur: INISTRATIVE CON (Zoning Request Application, Responses to Standards, Jason C Shallcross, AICP, CEcD Director of Community Development PLANS (Plat of Survey, Site Plan, etc.) / OTHER \ (Supplemental Information, Public Comments Received, etc...) HAPLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-22-25 200 E Rand Rd (CU - Final PUD).docx Page 66 of 273 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 contrary to 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 states that the hotel will be professionally managed under the Holiday Inn brand and will provide a safe, well -maintained lodging option that supports both local businesses and tourism without introducing adverse environmental, traffic, or noise impacts. The Petitioner contends that returning the vacant site to productive use will enhance the appearance and stability of the area, supporting property values and complementing neighborhood retail, restaurant, and service uses. The Petitioner asserts that the hotel use is appropriate for a high -intensity commercial corridor like Rand Road. The Petitioner notes that the site is fully developed and already adequately served by public utilities and infrastructure. The Petitioner reports that the property is configured with established access points that were approved and constructed to serve hotel traffic, and that the hotel traffic patterns are distributed throughout the day, resulting in minimal impact on street congestion. The Petitioner suggests that the re-establishment of the hotel supports the Village's long-term land use and economic development initiatives through the reuse and modernization of an underutilized commercial site. The Petitioner concludes that the proposal will conform to all applicable regulations of the Village Code and that they will work with Staff to comply with any recommendations of the Planning and Zoning Commission. Staff's Findings: Staff notes that the revitalization of the subject property has been listed in the Village Strategic Plan as a "Management in Progress" item since it was abandoned in 2021. The proposal would support public safety by repairing a vacant structure that has numerous maintenance and safety issues and would promote general welfare by filling a key vacancy along a major commercial corridor. The hotel, restaurant, and banquet uses are appropriate for a B-3 commercial area and are complimentary to the established surrounding uses. The site is adequately served by public utilities, access roads, and drainage. Staff voiced concerns about the potential parking deficiency and overflow onto adjacent properties, however, the Petitioner secured cross -access parking agreements with two neighboring HAPLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-22-25 200 E Rand Rd (CU - Final PUD).docx 7 Page 67 of 273 properties, agreed to land bank additional parking spaces, and will monitor and report parking utilization to the Village as a condition of approval. The proposal aligns with the goals of the Comprehensive Plan, including reuse and modernization of an underutilized commercial site, reinvestment in older commercial buildings, and supporting key commercial corridors as community and regional destinations. 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, Staff recommends approval of the conditional use request. GENERAL STANDARDS FOR PLANNED UNIT DEVELOPMENTS Section 14.504.A of the Village of Mount Prospect Zoning Ordinance provides that a Planned Development shall conform to the following requirements: 1. Except as modified by and approved in the final Planned Unit Development plan, the proposed development complies with the regulations of the district or districts in which it is to be located. 2. The principal use in the proposed Planned Unit Development is consistent with the recommendations of the Comprehensive Plan of the Village for the area containing the subject site. 3. The proposed Planned Unit Development is in the public interest and is consistent with the purposes of this zoning ordinance. 4. The streets have been designed to avoid: a. Inconvenient or unsafe access to the Planned Unit Development; b. Traffic congestion in the streets which adjoin the Planned Unit Development; c. An excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the Planned Unit Development. Petitioner's Findings: The Petitioner notes that the proposal involves no changes to the building footprint, no expansions of intensity, and no deviations from existing bulk, height, setbacks, or lot coverage. The Petitioner responded that the re-establishment of the hotel advances multiple objectives of the Comprehensive Plan, including: revitalization and adaptive reuse of aging commercial properties; adaptive reuse and reinvestment in underutilized structures rather thangreenfield development; reinvestment in major commercial corridors; and economic development goals including increased tax base, employment, and commercial synergy. The Petitioner asserts that the proposal advances the public interest in many ways, including: occupancy of a long -vacant building; $9 million in private investment; improvements to safety, lighting, and accessibility; restoring operations that generate sales tax, employment, and complementary spending in the Village; providing lodging for regional visitors; and enhancing corridor appearance. Staff's Findings: The PUD provides flexibility for developments to deviate from the strict letter of the code. The subject property is an existing hotel complex constructed in 1966 and as such the property deviates from code in several areas, including building and parking lot setbacks, perimeter and foundation landscaping, and off-street parking requirements. However, Staff finds that the deviations are in the public interest and consistent with the purpose of the zoning ordinance and the Comprehensive Plan. Staff is requiring a "Landbank Parking and Monitoring Plan" to monitor and report on the parking utilization at the subject property, with provisions to install additional parking should the demand exceed the supply. HAPLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-22-25 200 E Rand Rd (CU - Final PUD).docx Page 68 of 273 STANDARDS FOR PLANNED UNIT DEVELOPMENTS WITH OTHER EXCEPTIONS Section 14.504.0 of the Village of Mount Prospect Zoning Ordinance provides that a Planned Development which does not comply with the requirements of the underlying zoning district's regulations governing lot area, lot width, bulk regulations, parking and sign regulations, or which require modification of the subdivision design standards shall conform to the following requirements: 1. Any reduction in the requirements of this chapter is in the public interest. 2. The proposed exceptions would not adversely impact the value or use of any other property. 3. Such exceptions are solely for the purpose of promoting better development which will be beneficial to the residents or occupants of the planned unit development as well as those of the surrounding properties. 4. In residential planned unit developments the maximum number of dwelling units allowed per acre shall not exceed forty eight (48) units per acre for developments incorporating senior housing or assisted living facilities. 5. All buildings are to be located within the planned unit development in such a way as to dissipate any adverse impact on adjoining buildings and shall not invade the privacy of the occupants of such buildings and shall conform to the following: a. The front, side or rear yard setbacks on the perimeter of the development shall not be less than that required in the abutting zoning district(s) or the zoning district underlying the subject site, whichever is greater. b. All transitional yards and transitional landscape yards of the underlying zoning district are complied with. c. If required transitional yards and transitional landscape yards are not adequate to protect the privacy and enjoyment of property adjacent to the development, the Planning and Zoning Commission shall recommend either or both of the following requirements: i. All structures located on the perimeter of the planned unit development must be set back bya distance sufficient to protect the privacy and amenity of adjacent existing uses; ii. All structures located along the entire perimeter of the planned unit development must be permanently screened with sight proof screening in a manner which is sufficient to protect the privacy and amenity of adjacent existing uses. d. The area of open space provided in a planned unit development shall beat least that required in the underlying zoning district. Petitioner's Findings: The Petitioner responded that the project introduces no new encroachments, no intensification of the building footprint, and no reduction in required standards. The Petitioner contends that the renovation improves, rather than diminishes, the impact of the structure on adjoining properties and enhances privacy, aesthetics, and corridor character. Staff's Findings: Staff acknowledges that the Petitioner's request does not create additional nonconformities or increase the extent of existing nonconformities. Staff finds the revitalization of the vacant property to be in the public interest and concurs that the investment will positively impact the value and uses of surrounding property. Staff has recommended conditions of approval to address potential adverse impacts, including "Landbank Parking and Monitoring Plan" to monitor and report on the parking utilization at the subject property, with provisions to install additional parking should the demand exceed the supply. HAPLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-22-25 200 E Rand Rd (CU - Final PUD).docx Page 69 of 273 Exhibit B Landblank, Parking and Monitoring Requireinents February 9,,, 2,02,6 PZ-22-25 (2010 E Rand R,and) - CU Final PUD mob, ............ . . . . . . . . . . . . . . . . . ............... 3 �For the first twelve 2 Imonths following, !SSLiance! of a Fjlna, t Ciertifjicateof Occupancy, the operator shatt conduct pari<jrig LitiliZation counts no fewer than four, (4) days per month, Ili InictUding wileekday aInd welekend evening's duriIng Pleak demand penods.After, the! first, year,, counts shall Occur no (less tha, n quarterty or upon request of the Vittage. Records of each count, including date, Wne, total spaces, occupied spaces,, and any, overflow parkilng,, shall be maintained and provided to the Village upon request. C. Village! Verification he Vilt,, age may conduct,,, indejpern dent parking counts or, inspections at any tiline), with or, withyout notice, a, nd such observations all controt for purposes of Bete tminingi, compima nicie. Faillurie to provide records or subinission of inaccurate lnforlmatlon shalt constitute a viotation of this approval. If par]king utilization exceleds eighty-five erean 5%) of available! spaces onsix (6) or more days within any, consiecutivie Ininety, (90" ay pe!ril,, or, if thile ViltagledOCLItnents recurr I I i I ng ove! rf low p a rk ling or impacts to adjacent properties or public rights -of -way', the Village Imay, require instaltation of the deferred parking spaces. Upon writtece, the Pei tioner shalt suIbmit perm I I i It's within ninety, (90 days and coinptete construction within twelve (12) rnonlhs. MM Failure to coinpty with this Section shall constitute grounds for enforcement action, including citation, filnes,, or, suspension or reVoication of thile con ditioIna l uIse plermit or business ticanse. HAPLANTIanning & Zoning COMM\P&Z 2025\Staff Repo rts\PZ-22-25 200 E Rand Rd (CU - Final PUD).docx 10 Page 70 of 273 'CCU CL 4— L" 0 U) C al ) ! E �'�'' ICU (D C cc E D 0 AE 10 CC -0 CL IC13 N CL L0 IM QD -J u- CLI �0 ny 6E 51 ID! H 04 LD CA c q W-111d to cy C4 Lk 1�4w,�, 11 '10odsold uj IN r100 QV04 UMM'd La uj Vol Qj toll J, I it grill' j A 41 2 M 11, 1 " mill w. 1 "1 HIS " A JIM UM 2 ;,11 11 UP HIM Mug n " P1 low rAp 0 j li :1 11 H -11 01 Hill ISIAIIII 1, loll Q9 alp! g RIF 8 SAM v; Nit: 121 1 NUM 1110 110. 6N H 1— iHl I I ii; I W 1 I f1j, Mi. 11A' ll , 1 99 1 1 1151 lit Q M 51,"11NHIM 1011 HIS' ! T1 11 P1 I rn 11 .j/iiiiirrirrrrrrrrrrrrii I %,,,,. 1z, .......... ------ ", ....... .. 7 ............ ............ e. ..................... . ................... ............................... . ..... gg"'ev(j .......... .......... LOW Vi 7- Z, �41 E 2 VA r L Irbk 711 L � II o ^ M�.,Jk L. .......... ........... — — — — — — 77777—� 77 7� z"I H:\PLAN\Planning & Zoning COMMUZ 2025\Staff Repo rts\PZ-22-25 200 E Rand Rd (CU - Final PUD).docx 11 Page 71 of 273 V_Nlk_xu�lt Ptxls Village of'Mount Prospect Community Developiment Department 50 S. Emerson Street j Mount Prospect,, Illinois, 600,56 Phoine: (8,47) 818-53,28 Ter, I Official Use 061ly ( ' To beco�mpleted by"Village Staff) Case Number,-. P,&ZSubmission: Hearing Date;: Prqject N,amelAddress.: 1. Su',b ect PIrqpei, Add Ilseey. 200, E IF Road Mt Pro spelict IIL 60,056, (s Zoning District (s)I'- B-3 Parcel Index, Number(s) (RIN(s): PropertyArea (Slq,,.,Ft. an�d/lor Allcreage): 2.93 AC 0 3- - 200 ­061 ­00,00 T 0 3 -34 -200 -062 -000 0 11. Zolning quest(s), (Check all that apply') 0 Conditilon4l Use: For Hotel & Restaurant F-I Variation( ' s): "To ❑Zioniilrig Map,Argems dment: Pe lone From To FlZioning Text ,Arnendmelnit: Seliction(s) * other: PUD- Hotel & Restaurant, 111. Surnm�a,, of Prouate sheet if necceess,,a�ry) a W.ant (all corresi �on�derice will be sent t�o, the ap�pllicaant) 1p I Aame: Chirl's Patel Address: 5,50 E, Devon Ave. Suite 1,10 City,,'Statel ZIP Code: Itasca L 60143 Interest in Property: Owner (e.g. ownerT yer, developerT lessees architect,etic, "I Page 72 of 273 V. Prqpe,,,,,,,rty, Owner Ol Check if,Same, as Applicant Name: Corporation: Address: City',,'State! ZIP Code: Phone: Email: I I I hereby affirm that all informati3O9n provided herein and in all materials submitted in association with this to the best, of'my knowledge. ap�plicatiuin are truel and 000 12/1 Ap�plicanit: Date. 0/25 1, Ope, (Silginalture) MMOMM2 (Print or Type, Name) lilliq 11111 I hereby delsiginate the applilicant �tio ac�t ,a's my agent for the purpose ofseekiingl the zoniiing requiest(s) described in this applicatilon andthe associated supporfing material. QM (Silginalture) (Print or Type, Name) Page 73 of 273 The reestablishment of the Holiday Inn Hotel and restaurant. The proposed redevelopment involves no changes to the building footprint, no expansions of intensity, and no deviations from any bulk, height, setback, or lot coverage regulations. The renovation is purely cosmetic refresh and there will be no changes made to the structure or overall layout of the building. The existing three-story structure complies with the maximum height limit of three stories or thirty-five feet, meets all required setbacks, and maintains appropriate parking, circulation, and landscaping areas. Its renovation with a $9,000,000+ interior overhaul and the reintroduction of hotel, restaurant, meeting space, and supporting amenities represents exactly the type of strategic reinvestment envisioned for this corridor. The project will reactivate a dormant site, strengthen surrounding retail and restaurant uses, improve corridor aesthetics, and generate employment, sales tax, and lodging revenue. Page 74 of 273 COUNTY OF "I . . ...... )SS Induben Pafel under oath, state that I am Him= 11 the sole owner of the property X an owner of the property an authorized officer for the owner o�f the propertl commonly described as 200 E Rand Road Mt Prospect, It 60056 and that such property is, owned by REIT 200 LLC this date. i"i as of SUBSCRIBED AND SWORN TO BEFORE, ME THIS CIr ........ ............. - (Signature) fA', 'I l "" " F A L OFFIC C'q PL) Ll 1( icl�'� (X W Non tvly Jiily 01 . . . . . . . . . . . . . . . . . . Page 75 of 273 ......................................... ................................................................................................................................................................................................ .... . ......... . . . . ..................... . - THIS INSTRUMENT WAS DRAFTED BY: SRG Law Firm PLLC 641 Lexington Avenue, 14'h Floor New York, New York 10022 ATTN: Steven R. Goldberg, Esq. AFTER RECORDING RETURN To: Parikh Law Group, LLC 150 S. Wacker Dr., Ste. 2400 Chicago, IL 60606 ATTN: Ronak Desai, Esq. 2533211064 Daces 2533211064 Fee $88.00 ILRHSP FEE:$18.00 RPRF FEE=S1.00 Monica Gordon Cook County Clerk's Office Date: 11/28/2025 11:53 AM PAGE: 1 of s SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made as of the 14th day of November, 2025 by HDDA ---- Mount Prospect, LLC, an Illinois limited liability company, having an address of c/o HDDA, LLC, One Ravinia Drive, Suite 900, Atlanta., GA 30346, Attn: Taylor Wolters (the "Grantor"), to and in favor of REIT 200, LLC, an Illinois limited liability company, having an address c/o Nexgen Hotels, 550 E Devon Ave Suite 110, Itasca, IL 60143, Attention: Chris Patel (the "Grantee") WITNESSETH, that the Grantor, for and in consideration of the sum of Ten and Noll00 Dollars ($ 10.00) and other good and valuable consideration in hand paid by the Grantee, the receipt whereof is hereby acknowledged, and pursuant to the power and authority vested in Grantor, by these presents does GRANT, BARGAIN, SELL AND CONVEY unto the Grantee and to its successors and assigns, FOREVER, all the following described real estate, situated in the City of Mount Prospect, County of Cook, State of Illinois known and described in as follows: See EXHIBIT A attached hereto and made a part hereof. Together with all and singular the buildings and improvements erected on the land and all the estate, right, title, interest, property, claim and demand whatsoever of Grantor of, in, and to all ways, streets, alleys, driveways, passages, waters, water courses, rights, liberties, privileges, hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits. thereof, and all the estate, right, title, interest, claim or demand whatsoever, of the Grantor, either in law or equity, of, in and to the above described premises, with the hereditaments and appurtenances: TO HAVE AND TO HOLD the said premises as above described, with the appurtenances, unto the Grantee, its successors and assigns forever. 1 KtAL Lb 1 A TF TRANSFER TAX 26-Nov 2025 COUNTY: 2,000.00 i ILLINOIS: 4,000.00 } TOTAL: 6,000.00 03-34-20D-061-0000 120251001614708 1 296-557-424 age of 273 And the Grantor, for itself, and its successors, does covenant, promise and agree, to and with the Grantee, its successors and assigns, that it has not done or suffered to be done, anything whereby the said premises hereby granted are, or may be, in any manner encumbered or charged, except as herein recited; and that it WILL WARRANT AND DEFEND the said premises against all persons lawfull claiming, or to claim the same, by, through or under Grantor, subject to the p y matters set forth on EXHIBIT B attached hereto and made a part hereof. [Signature(s) and Notarial Jurat(s) on following page(s)] Page 77 of 273 IN WITNESS WHEREOF, Grantor has executed this Deed as of the day and year first above written. GRANTOR: HDDA -w MOUNT' PROSPECT, LLC, an Illinois limited liability company Name: Michael 'son Title: Authorize ignatory r STATE OF ) 1 _� ss COUNTY Z� ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that Michael Lipson, personally known to me to be the Authorized Signatory of HDDA -- MOUNT PROSPECT, LLC, an Illinois limited liability company, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that in such capacity, he signed and delivered the said instrument pursuant to authority duly given, as his free and voluntary act, and as the free and voluntary act and deed of said company, for the uses and purposes therein. set forth. M�coin�i�s�on exi�ires: �r�Z 0 L� Notary Public, State of Georgia Rhonda Loerzel Fulton County Exo1res 08121 /2028 Address for Real Estate Tax Notices: REIT 200, LLC c/o. Nexgen Hotels 550 E Devon Ave Suite 110 Itasca, IL 60143 Attention: Chris Patel Page 78 of 273 EXHIBIT A REAL PROPERTY IN THE CITY OF MOUNT PROSPECT, COUNTY OF COOK, STATE OF ILLINOIS, DESCRIBED AS FOLLOWS: PARCEL 1: THE WEST 210 FEET OF THE EAST 490 FEET OF THE NORTH 300 FEET OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2: THAT PART LYING NORTH OF RAND ROAD OF THE WEST 210 FEET OF THE EAST 490 FEET OF THE NORTHWEST 1/4 OF THE NORTHEAST 1A OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THE NORTH 300 FEET), IN COOK COUNTY, ILLINOIS. 6s V1L�:A16E'OF I OUNT-PROSPECT Permanent Index Number: 03-34-200-061--0000103-34--200-062-0000 .E R ATE`MAN�SFER TAX 411 •. 550$ � r j� Commonly known as. 200 East Rand Road, Mount Prospect, Illinois 60056 ; '��*��«�� Page 79 of 273 E XIUBIT B Permitted Exceptions 1. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land. 2. Easements, or claims of easements, not shown by the public records. 3. Taxes or special assessments which are not shown as existing liens by the public records. 4. Grant dated November 1,1937 and recorded September 10, 1941 in Document Number 12753770 of easement in favor of the County of Cook for constructing and laying file and Storm water and other drains on a part of the land and other property, together with the privilege of entering said land for the purpose of repairing said file or drains. 5. Continuing sewage disposal facilities adequate for gulf oil corporation's needs and an easement for gulf oil corporation's construction, installation, maintenance, repair and use of a connecting underground sewer line from the land to the sanitary sewer line now installed, or to be installed by Jemo 1ndustries, Inc., on its adjacent land, as contained in trustee's deed recorded October 26, 1966 in Document Number 19978694, the East-West course of said easement being of 6 foot width and the Northwest course a minimum 4 feet 9 inches in width, following a center line as follows: Commencing at the intersection of the East line of the Northwest 114 of the Northeast 114 of Section 34, Township 42 North, Range 11 East of the Third Principal Meridian with the North line of the Northeast 114 of said section; thence North 89°52' 15" West along said North section line a distance of 340 feet to a point; thence South and parallel with said East section line a distance of 121 feet to the point of beginning; thence South 89' 52' 15" East and parallel with said North section line a distance of 57 feet and 7.5 inches to the end of said 6 foot wide easement area and the beginning point of the center line of said 4 foot 9 inch wide easement area, thence south and parallel with said East section line a distance of 80 feet more or less to the Sanitary Sewer line now installed, or to be installed by Jemo Industries, Inc. 6. Easements as reserved and created by instrument dated July 21,1967 and recorded October 10, 1967 in Document Number 20286209, made by Jemo Industries, a corporation of Illinois, to MT. Prospect Motor Hotels, Inc., a corporation of Illinois, and Farmer Cooper's, Inc., a Delaware corporation, for Sanitary Sewer across and under the East 10 feet and over 6 feet and 4.9 inches, as shown on plat attached to said instrument. 7. Easement for sewage disposal facilities, as contained in the trust deed recorded in Document Number 19922009, from American National Bank and Trust Company, as trustee, in favor of Gulf Oil Corporation over a portion of the land to the Sanitary Sewer line now installed, or to be installed by Jemo Industries, Inc., as set forth therein. 8. Grant dated February 18, 1946 and recorded February 21,1946 in Document Number 13725237 by William H . Pohlman and Carolyn (or Carolina) Pohlman, his wife, to Public Page 80 of 273 Service Company of Northern Illinois, a corporation of Illinois, affecting the land and other property for the right to lay, maintain and operate an 18 inch gas main and necessary appurtenances in, upon, under and above the Northeast side of the public highway known as Rand Road, which extends along the Southwest side of the land other property. 9. Easement giving the right to lay gas mains along the Northeast side of the public highway known as Rand Road, as contained in grant by William P ohhnan and others, dated February 18, 1946 and recorded February 21, 1946 in Document Number 13725237, to Public Service Company of Northern Illinois. 10. Easement and associated rights granted to Comcast of Illinois XI, LLC. by MP real estate investments, LLC in an instrument dated October 28, 2010 and recorded February 08, 2011 in Document Number 1103910112. 11. Resolution No. 26-25, a resolution designating an area as blighted and in need of renewal, recorded October 3, 2025 as Document No. 2527608010. Page 81 of 273 �Cook Counly �,Home About Us Foirnis& 'Ti,),,x 8411 Property 03ow�34*w20iO 0�61�wOO�00� T AX B I L L II- 2023 56,086,35 (,J i 11 lF.'VI 1 210221, $5,83S),04 Pay [,hMory 2020", $6,510,14, Paty,rnien�t Hlistc)r 2 ()l 9 11", $ 5'�,85 7.6 6 bpi r lNevvs, & Elve'llits Pro FAQ gramis c0i""rilact US m rch Again, T-,,,ijx c friist,,,IIc P R 0 P IE R'TY,AD D, 200 ERAND RD If 0 U PNI T P R GSP EC T 60,056 1"cov,r n sl-i, i p,:, W H E E L, I N G Pvll c:&llrle ",r,pW^ "p r,p, i c) r", I on � 'rvr", L" � rc,'�n m I I I , , , M "ll Z Mill �"11144, al"N't, R CU RENTEN FORMAT ION Asuses sed'Vailumm. .10 2 3,,A C rfi 1" 't I'll, (10 rUw UV 0 20,475, t&:1 P r,o pe rty, Va [ u e S"2,fj 4, , 1 750 ry 11.,at, S4,ze (SqF't 3,650 ,,),: B Liu i 1 di" 1) i(Sc F' t: lfl,rc,,,qper,t,Y Class, De is 1"'c"') n" ,ax R�Ave, 9.855 �x Coc"'llel 1: 3�3098 1,-�*,ilg Dk,'trJcV;i" Rate "991W 20,24: 2021 12 0 2, 1*1 We 2 0,21 : �J o� Av a U ia lb [e 2020: AppeaA, 019I A�ppeiia[ Page 82 of 273 Ovemew Payments Where Your Mones Goes Downfload Yot,tr Tax, IM I I Nanive or Address, Change T ax E.kemptians Solid Taxes, Ova "paymem Ref unds: Overpay,nnent Refund Status Uncashed Cr T, ca x i n g Districts Finainciais Propeny Tax" Appeal Board, Decitions 204'eat Tax M4 Hlislory Debt to property Vall,ue Inc,orrect Irn.,ap? Click 1,4111eve, Property, Location': 2,00 E ID RD PAOUNT'PROS;IFECT", I LL 60056-21558 volume"': 235 Thtal Amount Bf led- 6,G$E16.15, 00floriginal 814tedAmount, $3,'�211j.# WOMEN- Due;Datcp j jo 2 'rax:j/ % i%%/// j; }I j j la, terest: ................... Due. oa, Cuffre"at", Tdtu,al AmounIDue: $10.00 Expan,d Paynien't Details "v Scrotl doww1n, nvoire infannatkm,,,'i�. Mading Inform abow HDDAMT PROSPECr LLC 3 50PARK AVE FIL, 16 NE16d YORK,,,, NY 1, 00,122-6106 OH#inal Billed Amount,� $2,874.188, Due Date: 08/01/``2.02411 Tax, saco I ntem''st", $01100 Current Am, "wd, Oue:' '$om Tax Year 2024 (billed in 2025) 1"Tbtafi Aniourat BiHei!&", 3J47,49 nl AMO ............ j// j i '/inl i j,,,, OR" "25 Cul ffeM AO Expand Play men't Detailts ,w Abacut pay, etits- Paps' w ts, are remdedthe dliaAe they ate received'L They, iappew"ion t website, ab*i ut thiret husiness, days llatet,., Download Your "Tax B1111' ,01,,)en a PDF of your t.;ax bIll'that Cain be printed and used to pay in persc),ti, or by ti'-Itgjt Tax'Year 1210,23 Seciand Lrtstat�smvwvt �011u�ie Thur'sday, A urgust'l,, 2024 Tax"Verar 2021.4, First Iristaftmenit, Due'Tuesday, March 4,2:025 Stop receiving'yourtax bill by mail. 1 tr igrwp for eBitfing to receive fi'ittwe tax bit'i'lls via, ernawill,, Page 83 of 273 Cook Cauntyllrope, rty "fax, Portal Home About Us, o rm,s,&, 'I ax Lit I I Heq u ests, ; e w s & ve n ts', Ut he r P rogra mom s L0111,KtUS, AQS BilledAmc I'S RONnd qbl b,,®r riwrft DW$ w I�x AfpOAj DOW$ lu ",n" ED T Ins 'reh TOO F, ro p erty C h a ��r,a cte ri st i c ski r P I N: '.`,ear�clh Agair� 0390113,4iml!21010�limo�621,mOO,0,0q TAX11SILIED, AMOUNTS , HISTORY 2024� $34211408.03* F."zii,"d �-n Fi 1, 1 2021 $622,560.06 1' id in F�..IW 202Z $59711".' 63.07 khstc)r,,,� '202L $45L,969.77 202(l $4,37,189.45 2 .�.:' "? 0 19- $2 4'6 62. 1. 611 F 'y n, [1,istory ient !--,(lst Install O'ri[y) BRI lr-Oorrr-�,,iflori T W3111 TTAW '21 w T Mlc")AA,l"T PROSPE 6 DO 5 6 M A I Lii IN G AD �D R ESS 4INI'M I TIJUIW 2024.: Plc)t A",,,,aihable 2023 (D Exenpbrns Re,c.('---0v,f-'d 2 0 2 L' 0 Exe n-i p biari s R~ c-E VE`ICl 2 0 2 0: Ex.,., m p tj ckr,s R C-�, c i,.,, uv e 1:1 20191" P3 Exe,n-�ptic,)ns Relu-dvecl 1,.Ioroe Exernpticjr,,fi Wornnation CU MR Li"III, P 0 Al MAT 1 ON Assessed'Value: (21 Pj 23 A ss, e sisior Certified) As,s essm n, t li rif o III n'i at i o n 2,094,35" Esti'mated Property''Value: $8,377,428 iikses,si,- 'VMLE, ldistc,rll�,i Lod -S i zfe� (Sq Ft): 114�C:Si Property CL3,s.'s,' D perty C' ��'a ss, D es cd pt: i o n ax e3 t._E,:.' Ta.,x RDte ld�'stror"Y Tax Cocie ry 1, Rate 2024: NotA%iii, Hablui., 2023- ?,,Jot.AV13Hablc.,,, 2o,2 I., 'N,P ot. Avia If � a b I 2020: YrieZi lrff5orrriUation 20qal mm Page 84 of 273 Overview - Payuienwts Whiere, Ywir Money Ues Download� Your''Tax Bill Nrne or, Addres,s Change,, Tay x Solld'Taxesi Dverpayment Refunds, Ove,Tpaymenl, Refund Cho�cks Tax[nig D istrict's, Fl,naricials Pmperty TFax, Appeal Board DOUS'Jons, 20 -Yea,,r Tax Bill Hislory De b(to Propeny VaJue PropertyLocation: 2001 E,,,,RAND, IRD, MOUNT P ROSPECT, It. 60056-2158 VdIume: 2.95 Inewrect 1m,,,&g,,e.,?C1ick, H,erec, ,e Are Yotur, Taxes IR Tax Year b(billed in 2024) AmOLUM, F3,J1111ed: S6,22,5160M &OW41131fledAmmunAm- $3328,,�4 4 ­7 'Due, Datc ph ,,,, j j2/2, . . .... -M T �axq -1// ........... m 4 0 /////////// ,, j 2 "Du em Total Amount D; � $0 010 Expand Paytrient Details w 'Tax, Year, 21024, in 2025) TotalArriount 0 no'gin'Al 131fled Ammunita-1 d Due-DOW. ILL ONE/ '41/1 ONx // OF Ommmf Duep A Total Am Vt Due: $0,'00 Expand Payment D Saoll dovo n f ot mv,,re inf i.xmat ivit. Mailing Infe,,rm, ation. KDDA MT PROSPECT LUC 3510 NARK,AVE FL16 NEW" YOR"K,"'.1 IV 100,22-6 106 Original,801eid Amr*unt:� 82,94,066,37 Otte, Date: OW01122,024 TAx., S01,00 1101west: 801,010 Currenl,Ammurwl Due: 0.00 About, payments: Paymeats, are recorded the d4te, th—e-y-57F?'FMTQM7.TTi—ey appear o,n thewebsitte, about three business, days later. 91"W"Ifflim Operw-a P1,L)fof yx,,Yur ta x bi 111hat cain be p nrit,ed a rW use d to pay, J/"11 PIKSO ri, C)T, It I'd, Tax Year 2023 secoti-d mstallrneint Due Thursday, August 1, 2024 A (,,stailtrijent �Due Tbesdzy; March 40,20'26' Tax Year,210,24, Firs, n libii? tax h4flJorthis lhars, beeri� regist-eretl, to 6e sent via electroviic uMmouinlicalians. Page 85 of 273 Condition Use Standards 200 E. Rand Road, Mount Prospect, Illinois PI Ns: 03-34-200-061 /-062 1. That the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare; The Subject Property is currently located in the B-3 Zoning District, which requires a condition use for Hotel uses. The B-3 community shopping district is designed to provide for the needs of a much larger consumer population than is served by the B-2 district, and provide a wider range of uses for daily and occasional shopping. This district is located along major arterial roadways. The proposed Hotel is an ideal use which by its very nature works synergistically along major roadways and allows for temporary housing of large populations of potential consumers in the area. The reestablishment and operation of the Holiday Inn at 200 E. Rand Road will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. The proposed use represents the continuation of a long-standing hotel use that has previously operated successfully and compatibly at this location for many years under the same zoning classification. The property is fully developed and designed to accommodate a hotel, with existing infrastructure, including parking, lighting, fire suppression, and access - originally built to meet Village and life -safety codes. The new ownership intends to fully renovate and modernize the facility, bringing it into compliance with all current building, accessibility, and safety standards. Asa professionally managed hotel operating under the Holiday Inn brand, the use will provide a safe, well -maintained lodging option that supports both local businesses and tourism without introducing any adverse environmental, traffic, or noise impacts. The renovation will improve the overall appearance and functionality of the site, enhancing rather than diminishing public welfare in the area. 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 Page 86 of 273 substantially diminish and impair property values within the neighborhood in which it is to be located; The proposed re-establishment of the Holiday Inn will not be injurious to the use or enjoyment of nearby properties, nor will it diminish or impair property values within the neighborhood. The property has long functioned as hotel under prior approval, and its continued use as lodging is consistent with the established commercial character of the Rand Road corridor and surroundingB-3-zoned parcels. The renovation will modernize an existing, vacant structure improving aesthetics, safety, and economic vitality. All operations will occur within the existing building footprint, with no new adverse impacts related to noise, lighting, or traffic. By returning a vacant site to productive use, the project will enhance the appearance and stability of the area, supporting and complementing neighboring retail, restaurant, and service uses. In fact, the current vacancy of a major (and highly visible) site like this generally leads to a reduction in property values within the neighborhood - by renovating & reoccupying the site, it should reinvigorate the area and ultimately lead to increased property tax values. 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; ,; 1 ifs' (,. � �i The re-establishment of the Holiday Inn at200 E. Rand Road will not impede the normal and orderly development of surrounding properties for uses permitted within the B-3 District. The site is located along Rand Road, one of Mount Prospect's primary commercial corridors, and is surrounded almost entirely by compatible retail, restaurant, office, and service uses including Sunrise Plaza, multiple freestanding restaurants and shops, and the larger Randhurst Village commercial center to the South. These existing and permitted uses define the area as a stable, high -intensity commercial corridor appropriate for a hotel use. The Subject Property is already fully developed with an existing hotel structure, parking areas, and utilities designed for lodging use. The proposed renovation should not require new access points or infrastructure and will maintain compliance with all applicable bulk and setback standards. Rather than inhibiting development, the project will enhance the surrounding area by reinvesting in a Long - Page 87 of 273 vacant site, improving its appearance, lighting, landscaping, and building condition, all of which will strengthen corridor aesthetics and market confidence. Reactivating this property asa professionally managed Holiday Inn will encourage continued commercial investment along Rand Road and complement nearby businesses by providing lodging options for travelers and visitors who patronize local restaurants, retailers, and service establishments. The project will therefore promote, rather than hinder, the orderly development of the B-3 district and align with the Village's long-term economic and redevelopment goals for this corridor. 4. That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided; The Subject Property at 200 E. Rand Road is fully developed and already served by necessary public utilities and infrastructure, including water, sanitary sewer, stormwater drainage, electrical, and telecommunications services. These systems were designed and constructed to support a full -service hotel use and remain in place. Any components requiring modernization will be upgraded as part of the planned renovation to ensure compliance with current Village engineering, fire, and building code standards. The site benefits from direct access to Rand Road, a major arterial roadway that provides safe and efficient ingress and egress for both guests and service vehicles. The existing drive aisles, internal circulation, and parking configuration were previously approved by the Village and remain appropriate for hotel operations. On - site drainage and stormwater facilities are established and functioning, and any minor improvements will be coordinated with the Village's Engineering Department during permitting. In summary, all necessary public facilities are in place or will be maintained and upgraded as needed through the redevelopment process, ensuring the property continues to operate safely, efficiently, and in full compliance with Village infrastructure requirements. 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; Page 88 of 273 The existing site at 200 E. Rand Road is already configured with established access points that were previously approved and constructed to serve hotel traffic. The property benefits from direct access to Rand Road, a major regional arterial designed to accommodate higher traffic volumes associated with commercial and hospitality uses. The site's primary ingress and egress drives are properly spaced and aligned to maintain safe distances and efficient vehicle circulation. Internal traffic flow, including guest drop-off, parking circulation, and service deliveries, is fully contained within the property. The hotel's traffic patterns are distributed throughout the day and evening rather than concentrated during peak commuter hours, resulting in minimal impact on public street congestion. If any minor adjustments are required during site plan review, they will be coordinated with the Village's Engineering and Public Works Departments to ensure compliance with all access management and traffic safety standards. Overall, the reactivation of the former Holiday Inn will maintain safe, efficient ingress and egress while improving the functionality and appearance of a key property along the Rand Road corridor. 6. That the proposed conditional use is not contrary to the objectives of the current Comprehensive Plan for the Village; and The proposed re-establishment of the Holiday Inn at 200 E. Rand Road is fully consistent with the objectives of the Village of Mount Prospect's Comprehensive Plan. The Plan identifies the Rand Road corridor as a key commercial area intended for sustained economic activity, reinvestment, and high -quality redevelopment that strengthens the Village's commercial tax base and enhances corridor aesthetics. Reactivating a long -vacant hotel directly supports those objectives by reinvesting in existing infrastructure, attracting visitors, and promoting complementary activity for nearby restaurants, retailers, and service businesses. The renovation of the former Holiday Inn will improve the visual character of the corridor through updated architecture, landscaping, and site maintenance, aligning with the Plan's goals for corridor beautification and commercial vitality. Furthermore, the Comprehensive Plan encourages the reuse and modernization of underutilized commercial sites rather than newgreenfield development. This project exemplifies that principle by revitalizing an existing structure within an established commercial area, efficiently using existing utilities and transportation infrastructure. The proposed conditional use therefore directly advances, rather Page 89 of 273 than contradicts, the Village's long-term land use and economic development objectives. 7. That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the Planning & Zoning Commission. The proposed re-establishment of the Holiday Inn at 200 E. Rand Road will fully conform to all applicable regulations of the B-3 Community Shopping District and all other relevant provisions of the Village Code. The property is already developed in accordance with prior Village approvals and meets required bulk, height, and setback standards, as well as all applicable parking, landscaping, and lighting regulations. No variances or modifications are anticipated as part of this request, as the project involves the renovation and reuse of an existing, previously approved hotel structure. Should any minor technical adjustments be identified during plan review, the applicant will coordinate with Village staff to ensure full compliance with current codes and any recommendations of the Planning& Zoning Commission. The proposed conditional use therefore meets the intent and spirit of the B-3 zoning district and will continue to operate in harmony with surrounding commercial uses along the Rand Road corridor. Page 90 of 273 1 i BSI . LIST N 1 1 ) 80-15 PETER , " TISANT" I (3 )' 4- 8' FACSIMILE (312),580­1592 January 29, 2026 PUD STANDARDS: A — General Standards: 1. Compliance with the regulations of the underlying zoning district (B-3 Community Shopping District) The Subject Property is located within the B-3 Community Shopping District, which is intended to serve a broad consumer population and is strategically located along major arterial roadways such as Rand Road. A hotel is a permitted conditional use within the B-3 District and is expressly compatible with the district's purpose, which emphasizes high -intensity commercial activity, regional access, and service -oriented businesses The proposed redevelopment involves no changes to the building footprint, no expansions of intensity, and no deviations from any bulk, height, setback, or lot coverage regulations. The existing three-story structure complies with the maximum height limit of three stories or thirty-five feet, meets all required setbacks, and maintains appropriate parking, circulation, and landscaping areas. Because this project represents the renovation and reoccupation of a long-standing hotel use, the proposed PUD complies fully with all applicable provisions of the B-3 zoning district. No modifications, variances, or exceptions are requested or required 2. Consistencv with the Comprehensive Plan The reestablishment of the Holiday Inn directly advances multiple objectives of the Village's Comprehensive Plan, including: • Guiding Principle 1: Livable Built Environment, which promotes the revitalization and adaptive reuse of aging commercial properties. • Policy 1.2: Encourage adaptive reuse and reinvestment in underutilized structures rather than greenfield development. • Policy 1.6: Support reinvestment in major commercial corridors, including Rand Road, to improve economic vitality and corridor aesthetics. • Economic Development Goals, emphasizing increased tax base, employment, and commercial synergy. The Subject Property is a highly visible, fully developed commercial site that has been 100% vacant for several years. Page 91 of 273 Its renovation with a $9,000,000+ interior overhaul and the reintroduction of hotel, restaurant, meeting space, and supporting amenities represents exactly the type of strategic reinvestment envisioned for this corridor. The project will reactivate a dormant site, strengthen surrounding retail and restaurant uses, improve corridor aesthetics, and generate employment, sales tax, and lodging revenue. Accordingly, the proposed PUD is firmly aligned with both the land use and economic development goals of the Comprehensive Plan. 3. Advancement of the public interest and the purposes of the zoning ordinance The proposed PUD promotes public interest by: • Reoccupying a long -vacant commercial building and preventing further deterioration. • Introducing significant private investment into the Village through the $9M+ renovation • Improving site safety, lighting, accessibility, and building functionality. • Restoring full hotel operations, including dining and meeting facilities, which generate sales tax, employment, and complementary spending within the Village. • Providing high -quality lodging that supports both local businesses and regional visitors. • Enhancing corridor appearance through modernization of the building interior, upgraded guest areas, and renewed operational management under a recognized national brand. These benefits directly support the purposes of the B-3 District and the zoning ordinance as a whole, including economic development, public welfare, safe site design, and long-term commercial stability. 4. Street design and traffic considerations The project maintains the existing, previously approved access configuration along Rand Road. The hotel's ingress and egress points are well -spaced, designed for safe maneuvering, and have functioned effectively for decades. Internal circulation for guest drop-off, parking, and service vehicles is fully contained within the site. Traffic generated by hotel uses is naturally distributed across the day and does not concentrate during peak commuting periods. No operational changes are proposed that would create congestion or impair roadway safety. The project likewise places no excessive burden on public parks, schools, or Village services. The PUD will therefore maintain safe, efficient transportation conditions and complies with the intent of § 14.504(A) regarding traffic and public facilities. B - Standards For Planned Unit Developments With Use Exceptions No use exceptions are requested. A hotel is expressly allowed as a conditional use in the B-3 District and the proposal is simply the reestablishment of this long-standing use. The PUD does not introduce any secondary uses exceeding allowable thresholds, and no portion of the proposed redevelopment involves an unpermitted use. Therefore, this section is satisfied by default. Page 92 of 273 C — Standards for Planned Unit Developments With Other Exceptions No zoning exceptions of any kind are requested under this PUD. • All bulk regulations are met. • All setback requirements are met. • Height is compliant. • Lot coverage does not exceed the 75 % maximum • No parking or landscape relief is requested. • No modifications to subdivision or design standards are necessary. • No additional screening or transitional yards are required, as the property does not abut single- family residential uses. Because the project introduces no new encroachments, no intensification of the building footprint, and no reduction in required standards, the PUD satisfies § 14.504(C) in its entirety without exception. Furthermore, the renovation improves, rather than diminishes the impact of the structure on adjoining properties and enhances privacy, aesthetics, and corridor character. 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Imp Will M ti N 4- 0 ti CY) N (6 n Proposed floor plans, with narrative explaining changes that will be made We plan to do a full cosmetic refresh of the interior of the hotel. There will be no structural changes to the property. Also there will be no change to the plumbing and electrical. We will change outlets to newer outlets so that there is a fresh look. We will change all the plumbing fixtures in all the bathrooms to give it a fresh look. We plan to change any damaged doors and windows as needed. We will be refinishing the rooms with a combination of LVT flooring and carpeting. The walls and ceilings will be repainted and we will also be adding some wallpaper as an accent piece in each room. All rooms will get all new furniture, tvs, ptac units, mattresses, ect. The bathrooms will have new tiles on the floors. The walls will receive new wallpaper. The vanity will be replaced with a new FFE base. The fixtures will be replaced. The lights will be replaced with new lighting fixtures. 50% of the rooms will be converted from tubs to shower pans. All bathrooms will receive a new tub surround and shower fixtures. All the hallway corridors will get new wallpaper and decorative lighting sconces. Also all the carpeting will be replaced. New the will be installed at the elevator landing for each floor. The the in the elevator will also be replaced. All the ceiling tiles will be replaced throughout the corridors. The stairwells will be freshly painted. Employee break room will be tiled and freshly painted with new furniture. The fitness center will receive new rubber flooring, new mirrors, new wallpaper, and new equipment. The swimming pool and hot tub will be resurfaced and painted. The tiles will be replaced as needed. All equipment will be tested and fixed as needed by a third party pool company such as Barrington Pools. The banquet room will receive new carpeting and new decorative lighting sconces. Rest will remain as is. All public restrooms will receive new vanities, new wallpaper, and new tiles. Rest will remain as is. All offices will be receiving new carpeting and will then be painted along with new furniture. The restaurant will stay as is. All the the will be cleaned and re -grouted. All new tables and chairs will be installed along with new artwork. New wall scones will be installed. Kitchen equipment will be tested and anything nonfunctioning or missing will be replaced. This will be done with a third party commercial kitchen company called Trimark. Exterior we will upgrade the landscaping. Replaced and damaged stonework. Repaint the entire building. Install new building signage. Replace the parking lot and restripe. See attached room layouts and finishes. I U CO CO > CY) 00 (D 1,,*— C6 0000 CY) 00 00I'*-- LO ,1- 00 (D CO cy-) C:) C:) CO 4—J 0 (3) co E co co 4— 4— Cni W +-j 0 co 41--J x0 W +oJ 0 E 01 01L. L. 4-J 31 4- 0 w W 0. 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No signs will be relocated except for the signage #5 (see below). This will be adjusted due to the lot lines that will change as a small piece of this land is being sold to the City of Mt Prospect for their expansion of the sidewalk project. m 0 I N -+-a (D (D 4-a 1--i (D (D LL -0 (D CD Ir- CD 0 /11 x w v � I.-,, Z/ � � 00 660 Ir- 14- alK 0-4c 669 �/s 9-4c is III 0 lm'ey�,�OHorn 110 51 To: Chris Patel — Principal, NextGen Hotels From: Justin Opitz, AICP — Kimley-Horn Date: February 12, 2026 RE: Parking Study — Holiday Inn Mt. Prospect 200 E Rand Road Mt. Prospect, Illinois On behalf of NextGen Hotels, Kimley-Horn has prepared a parking study for the proposed 139-room Holiday Inn redevelopment located at 200 E Rand Road in Mt. Prospect, Illinois. This memorandum outlines the parking spot counts conducted on January 22nd and January 24t" at nearby similar hotels, and reviews future parking demand for the proposed Holiday Inn relative to existing parking demand and supply. iiiiit e Coiindiii"Cibiinsiiiii ° ° iiiii i ii Proposed) The approximately 79,828 square -foot (SF) building is currently vacant but was previously occupied by a Holiday Inn hotel. The three-story building currently provides 137 on -site parking spaces, including 5 ADA accessible spaces. The proposed hotel would increase the parking supply by three spaces, bringing the total up to 140 parking spaces. Two full access driveways are provided, one each along Kensington Road and Rand Road. No change is planned to the existing site access; however, the building interior and fagade are being renovated. The Holiday Inn hotel will provide a shuttle service to O'Hare airport and also includes an approximately 5,326 SF sports bar restaurant. The green space at the north end of the property along Kensington Road is planned to be land banked for future parking, if needed. The site location map is provided on Exhibit 1, while the existing off-street parking is outlined in Exhibit 2, and a conceptual site plan is included as an Attachment. Paiirkiiihing Study A parking study was conducted to analyze the utilization of three nearby existing comparable hotels. The purpose of this study is to determine the parking demand rates for the existing hotels and utilize this rate to project parking demand for the proposed Holiday Inn. The nearby hotels surveyed are listed below: Courtyard by Marriott Chicago Arlington Heights/South 100 Algonquin Rd, Arlington Heights, IL 60005 DoubleTree by Hilton Hotel Chicago Arlington Heights 75 Algonquin Rd, Arlington Heights, IL 60005 Sheraton Suites Chicago Elk Grove 121 NW Point Blvd, Elk Grove Village, IL 60007 Page 124 of 273 exHieit i (I'"m I ey,>>> H o r n SITE LOCATION MAP Page 125 of 273 "' " �! 7 rz, AWA N 0 R T H 2), NOT TO SCALE 41" 4 A, �A "A" im V A. ......... A . .. . ...... .. . .... j,:, K E N S I N G T 0 N R D . ..... .... V 4 11�g t Y f P 421A . ... .. ....... pq 1W . .... �gmlm�Rql a igoom imil I I i �J� mill I fmg,,,� jl e )7011 aw A% J OF/" Js J 0d . .. . . . . . . . . . . W ad 4, "I'm W.11 A "I uA., t/11 161* If$ 1711 #10 A TF G NO f( I N V % %7� y 9PNF01011f P., Is "I" @ ON/ k/a/z 14 ............. Mb, g's W, K %,'44 4/1"! "NS, J, lil, VP ...... ...... A A V )NOW, LEGEND 17HE I Z Site Boundary Off -Street Parking KI'"m ley >>> Horn w p T, A111 T J5 Nil! 411 J� gg/', 3 A p q acp g" F"I INIMIA1111 R 1111 VNIP, & v EXHIBIT 2 OFF-STREET PARKING LOCATION MAP Page 126 of 273 Kim'ley'l >>> Horn Page 4 ii iiiii iiiii rkiling Reqdiihireiimeiints The Village of Mount Prospect requires a designated amount of parking depending on the land use and characteristics including square footage, employees, rooms, and capacity. Table 1 outlines Village requirements for the hotel use including the restaurant and meeting space, and the resulting required number of spaces. Table 1. Municipal Parking Requirements Hotel, extended stay 1 space per room plus 1 space 139 rooms 155 hotel, and motel per employee on peak shift 16 employees 12 spaces per 1,000 SF of 31768 SF Dining Restaurant with a bar floor area plus 1 space for 11558 SF Kitchen 79 140 -133 every 3 seats in the bar area' 45 bar stools Ban uet/meetin Banquet/meeting g 1 space per 3 persons 100 capacity person p p y space capacity plus 1 space per 5 employees 39 employee Total 273 140 -133 1 For restaurants, floor area shall not include areas devoted primarily for storage, restrooms, and corridors used solely for accessing these areas Based on municipal code, the proposed 140 parking spaces provided by the site does not meet the 273-space requirement by a deficit of 133 spaces. ����:IaiiHkiihing Counts Kimley-Horn conducted parking count spot checks at nearby comparable hotels on Thursday, January 22nd, 2026, and Saturday, January 25t", 2026. The counts were collected between 10:OOPM and 11:00 PM to capture the peak parking demand of the hotels. Table 2 summarizes the collected data and the field data collection sheets are provided as an Attachment. Table 2. Parking Count Spot Checks Courtyard by Marriott 145 Rooms 26 30 Chicago Arlington No O'Hare Shuttle 155 0.18 0.21 Hei hts/South g Includes Restaurant with bar 17% 19% ( ) ( ) DoubleTree by Hilton 241 Rooms 104 105 Hotel Chicago g No O'Hare Shuttle 307 0.43 0.44 (34%) (34%) Arlington Heights Includes Restaurant with bar 250 Rooms Sheraton Suites 96 90 Includes O'Hare Shuttle 323 0.38 0.36 Chicago Elk Grove (30%) (28%) Includes Restaurant with bar Based on data collected, the maximum parking demand across all three hotels on Thursday was 104 parking spaces at the Double Tree, resulting in 34 percent utilization. Similarly, the maximum demand across all three hotels on Saturday was 105 parking spaces also at the Double Tree, resulting in the same utilization percentage. It should be noted that this parking demand data was collected during January, and in winter months hotels generally can experience dips in occupancy. Page 127 of 273 Kim'ley'l >>> Horn Page 5 As such, the Urban Land Institute's (ULI) Shared Parking Manual, 6t" Edition, was referenced to determine a monthly adjustment factor that should be applied to understand what the peak parking demand rate per room would be for the observed hotels during peak months of the year. For hotels that are more business focused, such as the proposed Holiday Inn and observed hotels, the month of January experiences 60 percent of peak occupancy according to ULI. Furthermore, according to the manual, peak occupancy (100 percent) occurs during the month of April. It should be noted that the months of May through October range between 85 — 95 percent occupancy. In order to bring the peak parking demand rate per room observed in January up to peak occupancy in April, a factor of 1.67 is applied. Table 3 below details the results of applying this factor. Table 3. Factored Parking Demand Rate Courtyard by Marriott Chicago Arlington 145 Rooms 155 0.18 0.21 0.30 0.35 Heights/South DoubleTree by Hilton 1'67 Hotel Chicago 241 Rooms 307 0.43 0.44 0.72 0.74 Arlington Heights Sheraton Suites 250 Rooms 323 0.38 0.36 0.64 0.60 Chicago Elk Grove As can be seen, applying the monthly adjustment factor to bring the peak parking demand rate per room at the Double Tree from January up to peak occupancy in April results in the maximum rates of 0.72 and 0.74 spaces per room on Thursday and Saturday, respectively. The proposed Holiday Inn will provide 140 parking spaces to serve the 139-room hotel. Applying the above maximum peak parking demand rate per room results in the below estimated peak parking demand in Table 4. Table 4. Holiday Inn Estimated Peak Parking Demand Proposed Holiday Inn The peak parking demand for the proposed Holiday Inn is estimated to be approximately 100 spaces on weekdays and 103 spaces on weekends. The parking supply of 140 spaces should adequately accommodate the projected demand. Page 128 of 273 01 lm'ey,�OHorr PaiidkIIhing DemandIIIII Site generated parking demand was also estimated using data referenced from the Institute of Transportation Engineers (ITE) Parking Generation Manual, 6th Edition, an industry resource that references parking data collected across the country for a myriad of land uses. For this evaluation, ITE Land -Use Code (LUC) 310 (Hotel) and LUC 932 (High -Turnover Site Down Restaurant) were used to represent the proposed hotel. ITE data excerpts are provided as an Attachment. The ITE LUC 310 (Hotel) description is as follows, "A hotel is a place of lodging that provides sleeping accommodations and supporting facilities such as a full -service restaurant, concierge service, valet parking, cocktail lounge, meeting rooms, banquet room, and convention facilities. A hotel typically provides a swimming pool or another recreational facility such as a fitness room.". This indicates that some hotels surveyed by ITE contain on -site restaurant/bars and banquet/meeting spaces that are ancillary to the hotel, and that the projected parking demand generated by LUC 310 (Hotel) would be inclusive of all proposed on -site uses. However, to provide a conservative analysis scenario, the restaurant use was analyzed separately and no internal capture was applied between the hotel and restaurant, despite it being likely that hotel guests will make up a large portion of the restaurant customers. Tables 5 summarizes parking demand projections based on ITE data for weekdays and weekends, respectively. Table 5. ITE Parking Demand Projections (Weekday — Monday -Friday) 932 — High -Turnover (Sit Down) Restaurant 1 R = Rooms 2 X = Per 11000 SF GFA Based on ITE parking demand data, the proposed parking supply of 140 spaces accommodates the projected overall average peak parking demand of 133 spaces during the weekday (Monday -Friday) and weekend (Saturday). Shut ° ° II The proposed Holiday Inn will offer a 24-hour complimentary shuttle service that generally runs between the hotel and O'Hare airport. The shuttle will enter and exit the site via the Rand Road access driveway and staging for pick-up and drop-off will occur at the parking space immediately south of the main entry to/from the lobby, which is located along the west side of the building. When the shuttle is not in use, it will remain in the same parking space. Shuttle dimensions and capacity are included as an Attachment. The 24-hour complimentary shuttle should help reduce parking demand for the hotel, as patrons will have convenient access to and from the airport. A shuttle circulation diagram is depicted on Exhibit 3 on the following page. Page 129 of 273 exHieiT s Kl'o mley >>> Horn SHUTTLE ROUTE MAP Page 130 of 273 01 lm'ey,�OHorr PaiiHkIIhing II II n ni of i F Ir i Ir The following provides an example of a parking management framework that could be followed by the hotel operator to ensure that parking demand is managed and does not exceed supply. • After the hotel opens and is operational, the hotel operator should count the number of vehicles parked in the parking lot on one Thursday and one Saturday once a month between 10:00 — 11:00 PM, for a period of six months to one year. • The hotel operator should report the number of counted vehicles to the Village of Mount Prospect once a month for the duration of the monitoring period. • Should the parking demand exceed 90 percent for an agreed upon number of months during the monitoring period, the owner/operator should pursue constructing the land banked parking to increase the parking supply. The exact characteristics of this parking management plan should be finalized between the hotel owner/operator and the Village of Mount Prospect. 1 Kimley-Horn prepared a parking study for the proposed 139-room Holiday Inn redevelopment located at 200 E Rand Road in Mt. Prospect, Illinois. The three-story building currently provides 137 on -site parking spaces, including 5 ADA accessible spaces. The proposed hotel would increase the parking supply by three spaces, bringing the total up to 140 parking spaces. Two full access driveways are provided, one each along Kensington Road and Rand Road. No change is planned to the existing site access; however, the building interior and facade are being renovated. The Holiday Inn hotel will provide a shuttle service to O'Hare airport and also includes an approximately 5,326 SF sports bar restaurant. Kimley-Horn conducted parking count spot checks at nearby comparable hotels in January 2026 in order to estimate the parking demand for the proposed Holiday Inn redevelopment. Based on the data collected, the peak parking demand for the proposed Holiday Inn is estimated to be approximately 100 spaces on weekdays and 103 spaces on weekends. Additionally, parking demand was also estimated using data referenced from the ITE Parking Generation Manual, 6th Edition, an industry resource that references parking data collected across the country for a myriad of land uses. Based on ITE, the projected overall average peak parking demand for the proposed development is 133 spaces during both weekdays and weekends. The parking supply of 140 spaces should adequately accommodate the projected demand. A parking management plan should be finalized between the owner/operator and the Village of Mount Prospect. This plan should include the owner/operator observing parking demand in the site parking lot on a monthly basis and reporting this to the Village to ensure that demand is adequately accommodated. Page 131 of 273 lm'ey,�OHorr Conceptual Site Plan Parking Spot Check Field Sheets ITE Pang Generation Manual, 6t" Edition Data Excerpts Shuttle Capacity and Dimensions Page 132 of 273 lm'ey,�OHorr CONCEPTUAL SITE PLAN Page 133 of 273 F-: F-: F-: LL: LL LL w �ci d w F- w z W W W -j F- 0 F- 6 z z w w w w > 0 w 0 M z z 0 z LU 0 LUa Z LU0. —1 Z M z ................. ..................... ............ > ..................... < > ft > u > 111,11,11,11,11,11,11 > 111,11,11,11,11,11,11 III IIII z �z .......... .. ...... C ), 0 z w U z Lu w U z Lu FL LLF z ui I n� > LU Z zi LU w Wz z am ui 2 .................... 0 C, ........................ .......... > U- U- W- (11") LU 0) CIVO 83AI8 S-3NI'VV-'Id S30 z on 0 (IMi fl� J�om C) < a- o z c vo�j z Ld ON133HM LU GV08 1S�IIH1113 w w uj U- z Ljj z w Z eL LLJ z or- It W X: LLJ LU LLJ a- Q ly- LLJ T- F- LLJ Z U- F- F- W w LLJ Ix F- Lij Lj T Lij w T- F- U- & 0 tt LLJ F- LL 0 & F- U- 0 W -j P co F- F- o LL Q ui LLJ W F- 0) Uj W :t LIJ ri ZO F- w ci F- 0 F- F- F- F- w LLJ w & > UJ U- z W W LLJ se z <r- lof Z> w W ? 0 A U- w Lun nLLJ w w w ly- LLJ LIJ IX 0 C) C) L) 0 P C. � 0 Lij ui 0 z lm'ey,�OHorr PARKING SPOT CHECK FIELD SHEETS Page 135 of 273 ui .j CA 0 z +1 2.1 J�, ,z p wk 'Moolk . . . . . . uj V gip, CY) r*-_ CN 4- 0 00 CY) co n lm'ey,�OHorr ITE PARKING GENERATION MANUAL. 6TH EDITION DATA EXCERPTS Page 139 of 273 Hotel (310) Data Plot and Equation 400 300 a� U_ 0 N Ca 200 n ,i1 100 00 100 200 300 400 500 X = Number of Rooms Study Site IFitted Curve Average Rate Fitted Curve Equation: Ln(P) = 0.82 Ln(X) + 0.55 R2= 0.88 Parking Generation Manual, 6th Edition • Institute of Transportation Engineers Page 140 of 273 Hotel (310) Data Plot and Equation Parking Generation Manual, 6th Edition • Institute of Transportation Engineers Page 141 of 273 High -Turnover (Sit Down) Restaurant - Does Not Serve Breakfast (932) Data Plot and Equation ,i1 200 150 50 0 2 4 X = 1000 Sq. Ft. GFA Study Site Fitted Curve Equation: *** 6 8 Average Rate R2= *** Parking Generation Manual, 6th Edition • Institute of Transportation Engineers a 10 Page 142 of 273 High -Turnover (Sit Down) Restaurant - Does Not Serve Breakfast (932) Data Plot and Equation Parking Generation Manual, 6th Edition • Institute of Transportation Engineers Page 143 of 273 lm'ey,�OHorr SHUTTLE CAPACITY AND DIMENSIONS Page 144 of 273 liday Inn Shuttle Van Dimensions Exterior Dimensions • Length: Regular models are approx. 212-217 inches; Extended models are 232-237 inches. Width: -79.3 inches (excluding mirrors). Height:-V80.5-84.1 inches. Wheelbase: 138 inches. • Ground Clearance: -7 inches. Interior &Capacity • Seating Capacity: 12 to 15 passengers (depending on configuration). • Cargo Volume: Approx. 236-278 cubic feet. Front Head Room: 42.5 inches. Front Leg Room: 40.0 inches. Front Hip Room: 65.6 inches. CROSS -USE PARKING AGREEMENT This Cross -Use Parking Agreement ("Agreement") is entered into as of February 10, 2026, by and between: Business A: REIT 200 LLC, a Illinois Limited Liability Company, with its principal place of business at 200 E Rand Road Mt Prospect IL 60056 ("Party A") and Business B: 1st Family Dental of Arlington Heights P.C. , a Illinois corporation, with its principal place of business at 201 E Kensington Road Mt Prospect IL 60056 ("'Party B") Party A and Party B may be referred to individually as a "Party" and collectively as the "Parties." 1. PURPOSE The purpose of this Agreement is to establish the shared and reciprocal use of designated parking areas owned or controlled by the Parties. 2. PARKING AREAS - Party A Parking Lot: Located at 200 E Rand Road Mt Prospect IL 50056. - Party B Parking Lot: Located at 201 E Kensington Road Mt Prospect IL 60056. 3. CROSS -USE RIGHTS Each Party grants the other Party a non-exclusive right to use parking spaces. 4. HOURS OF USE Cross -use parking shall be permitted during: 7 days a week and 24 hours a day. There shall be no restriction on the hours and days of use. S. MAINTENANCE AND OPERATION Each Party is responsible for upkeep of its own parking area. 6. LIABILITY AND INDEMNIFICATION Each Party agrees to indemnify the other for claims arising from its own negligence or misconduct. 7.INSURANCE Each Party shall maintain liability insurance with minimum coverage of $1,000,000. Page 146 of 273 8. TERM AND TERMINATION This Agreement begins on February 15, 2026 and continues until terminated with 30 days written notice, 9. NO ASSIGNMENT Neither Party may assign rights without written consent. 10. GOVERNING LAND' This Agreement is governed by the laws of the State of Illinois. 11. ENTIRE AGREEMENT This Agreement constitutes the full understanding between the Parties. 12. SIGNATURES Party A: Business, ,"u,,ame:. .. .......... RE IT 200 LLC By, Name: Chris Patel Title: Principal Date: 2/11 /26 Party B: Business N j st Family Dental of Arlington Heights P.C. By: 'may I Name: GHAS Title: President Date: 2/10/26 Page 147 of 273 IIIIIII CROI I �II�I_I__� IIIIIIIIII PARKING This Cross -Use Parking Agreement ("Agreement") is entered into as of February 10, 2026, by and between: Business A: REIT 200 LLC, a Illinois Limited Liability Company, with its principal place of business at 200 E Rand Road Mt Prospect IL 60056 ("Party A") and Business B: Homestead Hospitality Group., a Illinois Limited Liability Company, with its principal place of business at 303 E Kensington Road Mt Prospect IL 60056 ("Party B") Party A and Party B may be referred to individually as a "Party" and collectively as the "Parties." 1. PURPOSE The purpose of this Agreement is to establish the shared and reciprocal use of designated parking areas owned or controlled by the Parties. 2. PARKING AREAS - Party A Parking Lot: Located at 200 E Rand Road Mt Prospect IL 50056. - Party B Parking Lot: Located at 303 E Kensington Road Mt Prospect IL 60056. 3. CROSS -USE RIGHTS Each Party grants the other Party a non-exclusive right to use parking spaces. 4. HOURS OF USE Cross -use parking shall be permitted during: 7 days a week and 24 hours a day. There shall be no restriction on the hours and days of use. 5. MAINTENANCE AND OPERATION Each Party is responsible for upkeep of its own parking area. 6. LIABILITY AND INDEMNIFICATION Each Party agrees to indemnify the other for claims arising from its own negligence or misconduct. 7. INSURANCE Each Party shall maintain liability insurance with minimum coverage of $1,000,000. Page 148 of 273 8. TERM AND TERMINATION This Agreement begins on February 15, 2026 and continues until terminated with 30 days written notice. 9. NO ASSIGNMENT Neither Party may assign rights without written consent. 10. GOVERNING LAW This Agreement is governed by the laws of the State of Illinois. 11. ENTIRE AGREEMENT This Agreement constitutes the full understanding between the Parties. 12. SIGNATURES Party A: Business ame: REIT 200 LLC B v: m Name: Chris Patel Title: Principal Date: 2/ 10/26 Party B: Busines a e: Homestead Hospitality Group LLC By: Name: AI a Patel Title: Member Date: 2/10/26 Page 149 of 273 Subject Meeting Fiscal Impact (Y/N) Dollar Amount Budget Source Category Type Information Item Cover Page PZ-13-25 / 301 LaSalle St / CU: Major Planned Unit Development Amendment with Dwelling Units Above First Floor / Village Board Final February 26, 2026 - REGULAR MEETING OF THE MOUNT PROSPECT PLANNING AND ZONING COMMISSION 1►1 NEW BUSINESS Action Item The ""Petitioner", R&A Management LLC, is seeking conditional use approval to amend an existing planned unit development (PUD) to permit dwelling units above the first floor in order to construct a new five -story mixed -use building approximately sixty -four -feet (64"-0"") in height and totaling approximately 76,650 square feet. The proposed development includes 148 parking spaces (116 at -grade and 32 below -grade) and associated site improvements, for the property located at 301 LaSalle Street (""Subject Property"). The proposal requires Village Board approval to amend the existing PUD and allow for dwelling units to be constructed above the first floor. The proposal meets the requirements and standards related to the Village Code, and staff is supportive of the request. Discussion Background/Property History: The Subject Property was annexed into the Village in 1971 and is located at the northeast corner of South Elmhurst Road and LaSalle Street and is currently vacant. The Subject Property is part of an existing Planned Unit Development (PUD), commonly known as Lake Center Plaza, composed of multiple lots of record. The original Lake Center Plaza PUD was created in 1987 via Ord. 3831 and allowed for industrial, office, and office research business uses. In 2007, the PUD was amended via Ord. 5617 to allow more than 75% lot coverage for individual lots within the PUD if the entire Lake Center Plaza development maintains a 75% lot coverage overall. The subject property was rezoned from O- R* Office Research PUD to B-3 Community Commercial in 2018 via Ord. 6369. The Subject Property is zoned B-3 Community Shopping District PUD and is bordered by a stormwater retention pond (B-3 PUD) to the north, Mr. Beef and Pizza (B-3 Community Shopping District) to the south, an industrial building (I-1 Limited Industrial District PUD) to the west, and commercial properties that are part of the City of Des Plaines to the east. Proposed Development: The Petitioner is proposing to construct a new, sixty -four -foot tall (64'-0"), five -story mixed -use building totaling approximately 76,650 square feet, including 148 parking spaces (116 at -grade and 32 below -grade) and related site modifications, and Page 150 of 273 seeks conditional use approval to amend the planned unit development (PUD) and to construct dwelling units above the first floor. The first floor would consist of approximately 7,620 square feet of commercial gross floor area. The various elements of the proposal are outlined below. Zoning Compliance and Requested Relief: The proposed development seeks relief from a restriction under Ord. 3831 which established a setback requirement along Elmhurst Road of not less than thirty feet (30'-0""), plus an additional two feet five inches (2-5") for each one foot (V-0,") of building height above thirty feet (30"-0,"'). Based on the proposed building height, a minimum setback of approximately 112.17 feet from Elmhurst Road would be required. The project proposes a one hundred and forty-six hundredths feet (100.46") setback from Elmhurst Road. An exception from Ordinance No. 3831 to provide a reduction to the building setback requirement along Elmhurst Road from 112.17" to 100.46" is requested as part of the major planned unit development amendment request. The project otherwise complies with the remaining requirements of Ord. 3831 and of the underlying B-3 zoning district. Traffic and Parking: Vehicular access will be provided via a driveway off Lasalle Street, strategically designed to avoid congestion along Route 83/South Elmhurst Road. Parking and drive aisles will wrap around all four sides of the building, ensuring comprehensive site access. Designated accessible parking spaces will be placed near primary building entrances for convenience, while visitor parking will be located adjacent to the front entry for ease of access and wayfinding. Residential units will be assigned parking spaces through their lease agreements, with each space clearly marked by a corresponding number painted within the residential parking area. Signage may also be used to designate parking spaces reserved for commercial patrons. Design, Signage, and Site Considerations: The proposed building materials include projecting and recessed brick coursing, face brick, articulated brick detailing, cast stone, fiber cement panels, metal cornices, black metal -framed PVC windows, glass guardrails, and metal - clad canopies. The commercial base of the building is primarily composed of cast stone, brick, fiber cement panels, and glass, creating a durable and visually engaging streetscape presence. Throughout the process, the Petitioner has worked collaboratively with staff to further enhance the building's architectural expression. Refinements include the addition of projected brick detailing along the upper portions of the tallest brick walls and select side elevations, replacement of EIFS with ground -face block within the recessed wall of the covered parking area along the west side of the building, and the incorporation of additional recessed balconies to provide greater depth and visual interest. These modifications collectively strengthen the overall design and result in a high -quality architectural product. Signage was illustrated on the north, south and east elevations. Dimensions were not provided and any future wall signs shall comply with code. If any signage relief is required, the planned unit development will allow any future signage relief to be reviewed and approved as an administrative amendment to the PUD. Final photometric, landscaping, and engineering plans will be reviewed and required at the building permit stage. Stormwater Management: Because the stormwater detention that would be required for 301 LaSalle Street has already been provided under the development of 1731 Wall Street, no additional stormwater detention will be required as part of this project. Long -Range Planning: The Comprehensive Plan designates the property as Mixed Use. The proposed development is a mixed -use development that provides ground -floor retail/restaurant and residential uses and is consistent with this designation. The 2020 Connect South Mount Prospect Sub -Area Plan prioritizes the Subject Property as the number 7 Page 151 of 273 opportunity site and recommends commercial development, given the exposure to Elmhurst Road to support and help facilitate future redevelopment and improvements in South Mount Prospect. Public Comments: As of this writing, no public comments have been received. Standards and Findings: The Planning and Zoning Commission shall review the findings of fact in Exhibit A of the staff report and make a recommendation to the Village Board based on these findings. Alternatives A. Approval of the following motion: 1. An amendment to Ordinance No. 3831, as previously amended by Ordinance Nos. 5617, 63691 6755 and 6785 of the Lake Center Plaza Planned Unit Development, to permit dwelling units above the first floor in order to construct a new five -story mixed -use building approximately sixty -four -foot (64"-0"") in height and totaling approximately 76,650 square feet. The proposed development includes 148 parking spaces (116 at -grade and 32 below - grade), together with associated site improvements, for the property located at 301 LaSalle Street (Case No. PZ-13-25), subject to the conditions listed in the staff report. B. Action at the discretion of the Planning and Zoning Commission. Staff Recommendation Approval of the following motion: 1. An amendment to Ordinance No. 3831, as previously amended by Ordinance Nos. 5617, 6369, 6755 and 6785 of the Lake Center Plaza Planned Unit Development, to permit dwelling units above the first floor in order to construct a new five -story mixed -use building approximately sixty -four -foot (64"-0"") in height and totaling approximately 76,650 square feet. The proposed development includes 148 parking spaces (116 at -grade and 32 below - grade), together with associated site improvements, for the property located at 301 LaSalle Street (Case No. PZ-13-25), subject to the conditions listed in the staff report. Attachments 1. PZ-13-25 Staff Report 2. PZ-13-25 Administrative Content —Red acted 3. PZ-13-25 Plans Page 152 of 273 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 Ann Choi Director of Community Development Development Planner DATE: February 19, 2026 CASE NUMBER PZ-13-25 PUBLIC HEARING DATE February 26, 2026 PETITIONER/ PROPERTY OWNER R&A Management LLC (Ridvan Alka) / C.V. Land Holdings, LLC PROPERTY ADDRESS/LOCATION 301 LaSalle Street BRIEF SUMMARY OF REQUEST The "Petitioner", R&A Management LLC, is seeking conditional use approval to amend an existing planned unit development (PUD) to permit dwelling units above the first floor in order to construct a new five -story mixed -use building approximately sixty -four -foot (64'-0") in height and totaling approximately 76,650 square feet. The proposed development includes 148 parking spaces (116 at - grade and 32 below -grade) and associated site improvements, for the property located at 301 LaSalle Street ("Subject Property"). The proposal requires Village Board approval to amend the existing PUD and allow for dwelling units to be constructed above the first floor. The proposal meets the requirements and standards related to the Village Code, and staff is supportive of the request. 2024 Aerial Image 2025 Village of Mount Prospect Zoning Map EXISTING EXISTING LAND USE/ SURROUNDING ZONING & LAND USE SIZE OF ZONING SITE IMPROVEMENTS North: B-3 Community Shopping PROPERTY B-3* Vacant lot East: City of Des Plaines 1.968 acres Community South: B-3 Community Shopping Shopping PUD West: 1-1 * Limited Industrial PUD STAFF RECOMMENDATION APPROVE APPROVE WITH c: CONDITIONS DENY HAPLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-13-25 301 LaSalle S St (Major PUD Amendment, CU-DU Above 1 st Flr).docx Page 153 of 273 BACKGROUND / PROPERTY HISTORY The Subject Property was annexed into the Village in 1971 and is located at the northeast corner of South Elmhurst Road and LaSalle Street and is currently vacant. The Subject Property is part of an existing Planned Unit Development (PUD), commonly known as Lake Center Plaza, composed of multiple lots of record that are illustrated in Exhibit B of this staff report. The original Lake Center Plaza PUD was created in 1987 via Ord. 3831 and allowed for industrial, office, and office research business uses. In 2007, the PUD was amended via Ord. 5617 to allow more than 75% lot coverage for individual Lots within the PUD if the entire Lake Center Plaza development maintains a 75% lot coverage overall. The subject property was rezoned from O-R* Office Research PUD to B-3 Community Commercial in 2018 via Ord. 6369. The Subject Property is zoned B-3 Community Shopping District PUD and is bordered by a stormwater retention pond (B-3 PUD) to the north, Mr. Beef and Pizza (B-3 Community Shopping District) to the south, an industrial building (1-1 Limited Industrial District PUD) to the west, and commercial properties that are part of the City of Des Plaines to the east. PROPOSAL The Petitioner is proposing to construct a new, sixty -four -foot tall (64'-0"), five -story mixed -use building totaling approximately 76,650 square feet, including 148 parking spaces (116 at -grade and 32 below -grade) and related site modifications, and seeks conditional use approval to amend the planned unit development (PUD) and to construct dwelling units above the first floor. The first floor would consist of approximately 7,620 square feet of commercial gross floor area. The various elements of the proposal are outlined below. Site Plan and Bulk Regulations The proposed site plan includes the construction of a new five -story, approximately 76,650-square- foot mixed -use building located generally at the center of the Subject Property. Vehicular access to the site is provided via a single two-way curb cut from LaSalle Street. Parking is accommodated through a combination of at -grade, covered, and subterranean facilities. At -grade parking is located along the north, south, east, and west sides of the building, as well as along the corresponding property lines. Subterranean parking is proposed beneath the building and would be accessed via a parking ramp Located along the south side of the building. In addition, covered open-air parking is provided along the west side of the building. Pedestrian access to the site is provided via three new accessible pedestrian walkways from the public sidewalk along Elmhurst Road and LaSalle Street to the building. A trash enclosure is located at the southwest corner of the property. Pursuant to Village Code, parking lots are required to maintain a minimum setback of ten feet (10'-0") from property lines; the proposed development complies with this requirement. The B-3 District permits a maximum impervious surface coverage of seventy-five percent (75%). The proposed development would result ina lot coverage of approximately 71.8%, which is compliant with the Zoning Code. It should be noted that the project includes the installation of permeable pavers in the parking areas north and west of the building and these areas are counted in the impervious area calculation. The maximum height of a building in the underlying B-3 District is the lesser of three (3) stories or thirty- five feet (35'-0"). The project proposes an overall height of sixty-four feet (64'-0"). Ordinance No. 3831, which approved the original planned unit development, allows buildings in the underlying zoning district with lots having frontage on Elmhurst Road to reach a maximum height of eighty feet (80'-0") or HAPLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-13-25 301 LaSalle S St (Major PUD Amendment, CU-DU Above 1 st Flr).docx Page 154 of 273 six (6) stories, whichever is the lesser. As such, the proposed development is not required to seek relief from the number of stories or the height requirement of the B-3 district. Ordinance No. 3831 also established a setback requirement along Elmhurst Road of not less than thirty feet (30'-0"), plus an additional two feet five inches (2'-5") for each one foot (1'-0") of building height above thirty feet (30 - 0"). Based on the proposed building height, a minimum setback of approximately 112.17 feet from Elmhurst Road would be required. The project proposes a one hundred and forty-six hundredths feet (100.46) setback from Elmhurst Road. An exception from Ordinance No. 3831 to provide a reduction to the building setback requirement along Elmhurst Road from 112.179 to 100.46' is requested as part of the major planned unit development amendment request. The following table outlines the project's compliance with the bulk regulation requirements for the B-3 Community Shopping District and Ordinance No. 3831. Table 1: B-3 Bulk Regulations and Ordinance No. 3831 B-3 Code Requirement or Ord. 3831 Requirement Proposed Relief Required? Minimum Setbacks: Section 14.1704.A Front 30' 66.68' No (north lot line) Interior Side 10, 50.5' No (west lot line) Exterior Side 30' 100.46' No (east lot line) Rear (south lot line) 20' 59.59, No Max. Height Section 14.1704.B Lesser of three (3) stories or 35' Ord. 3831 Lesser of six (6) stories or 80' 5 stories, 64'-0" No Max. Lot Coverage 75% 71.8% No Section 14.1704.0 Transitional Setbacks Where a side or rear setback in the B-3 district is N/A No Section 14.1704.D contiguous to any single-family residential property, all buildings, structures, and parking lots shall meet the minimum required yard setback in the underlying zoning district or the minimum required yard setback in the adjacent zoning district, whichever is greater. Restrictions on All business establishments shall be retail or service Complies No Business Uses establishments dealing with customers. All Section 14.1704.E business, servicing or processing shall be conducted within completely enclosed buildings, with the exception of permitted outdoor sales in section 14.311 of this chapter. The normal sales and services offered at automobile service stations, drive-in/carryout restaurants and retail sales of motor vehicles are excluded from this provision. Ordinance No. 3831 Building setbacks from Elmhurst Road and 100.46' Yes Section Three, Algonquin Roads shall be not less than 30' plus 2'-5" subsection C for every 1' of building height above 30' or 112.17' Traffic and Parkin Vehicular access will be provided via a driveway off Lasalle Street, strategically designed to avoid HAPLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-13-25 301 LaSalle S St (Major PUD Amendment, CU-DU Above 1 st Flr).docx 3 Page 155 of 273 congestion along Route 83/South Elmhurst Road. Parking and drive aisles will wrap around all four sides of the building, ensuring comprehensive site access. A total of 148 parking spaces are proposed for the subject property, meeting code requirements. The proposal includes 96 spaces allocated to the residential units, 42 spaces designated for the ground -floor commercial uses, and 10 spaces reserved for guest parking. Five (5) designated accessible parking spaces will be placed near primary building entrances for convenience, while visitor parking will be located adjacent to the front entry for ease of access and wayfinding. Residential units will be assigned parking spaces through their lease agreements, with each space clearly marked by a corresponding number painted within the residential parking area. Signage may also be used to designate parking spaces reserved for commercial patrons. In the B-3 Community Shopping District, restaurants are required to provide twelve (12) parking spaces per 1,000 square feet of floor area. Pursuant to the Zoning Code, areas devoted primarily to storage, restrooms, and corridors used solely to access these areas are not counted towards the parking calculation. Based on comparable restaurant developments, staff estimates that these exclusions reduce the applicable floor area to approximately 70% of the gross floor area. Applying this factor to the proposed restaurant space results in a requirement of 21 off-street parking spaces. Table 2: Parking Requirement Use No. of Dwelling Units (DU) Parking Ratio Gross Floor Area (SF) Parking Required Residential 3 Bedroom: 8 2 Bedroom: 26 1 Bedroom: 12 2.5 spaces/DU 2 spaces/DU 2 spaces/DU Guest: 1 /10 spaces N/A 20 52 24 10 Retail N/A 4/1000 SF 51123 21 Resta u ra nt N/A 12/1000 SF* 29500 21 Total Parking Spaces Required 148 Total Parking Spaces Provided 148 Total Accessible Parking Spaces Required 5 Total Accessible Parking Spaces Provided 5 * Staff estimates that approximately 70% of the total restaurant floor area will be counted toward the parking requirement, as areas primarily devoted for storage, restrooms, and corridors used solely for access those areas are excluded from the off-street parking calculation pursuant to the Zoning Code. The proposed development includes approximately 7,623 square feet of commercial space located on the ground floor. In anticipation of the potential for a restaurant tenant to locate within the development, staff recommended that 2,500 square feet of the commercial area be planned and parked as a restaurant space, with the remaining 5,123 square feet allocated to retail uses. This allocation ensures that, should a restaurant ultimately occupy a portion of the space, sufficient parking will already be accounted for to accommodate the higher parking demand typically associated with restaurant uses, without requiring future parking modifications or zoning relief. HAPLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-13-25 301 LaSalle S St (Major PUD Amendment, CU-DU Above 1 st Flr).docx Page 156 of 273 Given the intensity of the proposed development and the number of parking spaces on site, staff is recommending limiting the gross floor area of any future restaurant tenant to no more than 2,500 square -feet as a condition of approval. Floor Plans The project consists of a fully sprinklered, five -story mixed -use building with Type IA podium and below -grade parking structure. Above the podium, the building features a Type V wood -framed multi- family apartment building with a combination of masonry and fiber -cement panel veneer exterior. The development will include forty-six (46) apartment units in a mix ofone-,two-, and three -bedroom Layouts. Each floor encompasses nearly 16,000 square feet, with a total gross floor area of 76,650 square feet. Key building features include elevators serving all levels, private balconies, and residential amenities. The Petitioner proposes five tenant spaces on the ground level with a total gross floor area of 7,123 square feet of retail/restaurant space and a lobby and mailroom. The second floor will provide a fitness room, club room, additional leasing room, and will consist of two (2)three-bedroom units, five (5) two - bedroom units and three (3) one -bedroom units. The third, fourth and fifth floors will consist of six (6) three -bedroom units, twenty-one (21) two -bedroom units and nine (9) one -bedroom units. The basement consists of the thirty-two (32) subterranean parking spaces, storage/mechanical rooms, and an elevator and lobby. Building Elevations The proposed building materials include projecting and recessed brick coursing, face brick, articulated brick detailing, cast stone, fiber cement panels, metal cornices, black metal -framed PVC windows, glass guardrails, and metal -clad canopies. The commercial base of the building is primarily composed of cast stone, brick, fiber cement panels, and glass, creating a durable and visually engaging streetscape presence. Throughout the process, the Petitioner has worked collaboratively with staff to further enhance the building's architectural expression. Refinements include the addition of projected brick detailing along the upper portions of the tallest brick walls and select side elevations, replacement ofEIFSwith ground -face block within the recessed wall of the covered parking area along the west side of the building, and the incorporation of additional recessed balconies to provide greater depth and visual interest. These modifications collectively strengthen the overall design and result in a high -quality architectural product. Landscaping The Petitioner has proposed extensive perimeter and foundation landscaping throughout the site. Shade trees, including oak, hackberry, linden, honeylocust, and elm, are provided along the north, south, east, and west property lines at an average spacing of seventy-five feet (75'), in compliance with code requirements. In addition, clustered plantings consisting of seven (7) shrubs, such as ninebark, viburnum, yew, juniper, currant, dogwood, and hydrangea, are spaced approximately thirty-five feet (35') apart along the same property lines. Foundation landscaping is also provided along the north and east elevations of the buildings, which are the most visible from South Elmhurst Road and LaSalle Street. The Petitioner has submitted a tree survey and preservation plan indicating that atotal of fifty-one (51) existing trees will be removed to HAPLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-13-25 301 LaSalle S St (Major PUD Amendment, CU-DU Above 1 st Flr).docx cJ Page 157 of 273 accommodate the required perimeter landscaping and parking lot improvements. A final code compliant landscape plan shall be submitted with the building permit application. Photometric Plan Eleven (11) new light poles are proposed around the perimeter of the subject property. An additional nine (9) wall mounted lights are proposed on the east, west and south facades of the building. The covered parking spaces along the west side of the building will also be lit by thirteen (13) recessed Lighting fixtures. All exterior lighting fixtures are required to be full cutoff and fully shielded. Flat lenses are required for all lighting fixtures. Acode-compliant photometric plan will be required as part of building permit submittal. Si na e Signage was illustrated on the north, south and east elevations. Staff counts a total of six (6) wall signs. Dimensions were not provided and any future wall signs shall comply with code. If any signage relief is required, the planned unit development will allow any future signage relief to be reviewed and approved as an administrative amendment to the PUD. Stormwater Management The Subject Property is part of the Lake Center Plaza development. Stormwater detention volume was provided in the two (2) retention ponds north of LaSalle Street and along Elmhurst Road in accordance with the codes and standards in place at the time of the Lake Center Plaza development in the 1980s. Codes and design standards have changed significantly since these detention ponds were installed, so these ponds would not meet current design practices. In 2018, the property located at 1731 Wall Street was developed. As part of that development, it was required that stormwater detention be provided to "make up the difference" between the volume existing in the Lake Center Plaza ponds prorated for 1731 Wall Street, and the volume that would be required under today's standards. The detention pond installed north of the building was installed to accommodate this difference. At the time that 1731 Wall Street was developed, the Subject Property was considered as a "future outlot" associated with 1731 Wall Street. The detention pond installed at 1731 Wall Street was oversized to accommodate the stormwater detention that would be required for 301 LaSalle Street. Consequently, because the stormwater detention that would be required for 301 LaSalle Street has already been provided under the development of 1731 Wall Street, no additional stormwater detention will be required as part of this project. The site is being designed to drain towards the existing detention ponds. Pervious brick pavers are proposed to increase infiltration and satisfy MWRD volume control requirements. Construction Schedule The Petitioner anticipates Village Board consideration in March or April 2026 and expects to submit building permit applications in May 2026, with permit issuance anticipated in August 2026. Construction is expected to be completed between August and November 2027. Other Departments Piihlir Wnrkq The Public Works Department has reviewed the plans for the proposed multi -family development and HAPLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-13-25 301 LaSalle S St (Major PUD Amendment, CU-DU Above 1 st Flr).docx Page 158 of 273 has no objections to the requested PUD amendment. However, several items will need to be addressed during the building permit submittal and review process. Specifically, the property owner must acknowledge and accept the ongoing maintenance responsibilities associated with the proposed permeable brick pavers. A condition of approval will require that documentation of all maintenance activities be provided to Public Works on an annual basis to demonstrate compliance with the approved Operations and Maintenance Plan. Failure to provide such documentation would constitute a violation of both Village and Metropolitan Water Reclamation District (MWRD) permit requirements. In addition to Village approvals, the Petitioner will be required to obtain all applicable permits from outside agencies, including the Metropolitan Water Reclamation District of Greater Chicago (MWRD) for new sanitary service and stormwater management, the Illinois Department of Transportation (IDOT) for any work within the Elmhurst Road right-of-way, the Illinois Environmental Protection Agency (IEPA) for the proposed watermain and erosion control measures (including the NPDES ILR10 permit), and the Illinois American Water Company for work associated with water service and fire hydrant connections. LONG-RANGE PLANNING The Future Land Use Map in the Village's 2017 Comprehensive Plan designates the Subject Property as "Mixed -Use District". Primary uses within this category include commercial, industrial, manufacturing, office, and recreational uses, health services, hotel, civic uses, and restaurants. The proposed development is a mixed -use development that provides ground -floor retail/restaurant and residential uses. The 2020 Connect South Mount Prospect Sub -Area Plan offers an opportunity sites map that prioritizes development sites in the study area. The plan prioritizes the Subject Property as the number 7 opportunity site and recommends commercial development given the exposure to Elmhurst Road. The site is a part of 15 total opportunity sites intended to support and help facilitate future redevelopment and improvements in South Mount Prospect. Finally, the Village's 2025-2026 Strategic Plan provides staff a collection of goals, policies, and priorities to adhere to and complete for the specified calendar year. Goal 4 of the plan identifies Redevelopment in South Mount Prospect as an objective and South Mount Prospect Development Projects as a policy agenda item. PUBLIC COMMENTS As of this writing, staff has not received any public comments. STANDARDS AND FINDINGS 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. Staff finds that the proposed conditional use requests meet the applicable standards contained in the Mount Prospect Zoning Ordinance. Staff requests that the Planning and Zoning Commission make HAPLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-13-25 301 LaSalle S St (Major PUD Amendment, CU-DU Above 1 st Flr).docx Page 159 of 273 motion to adopt Staff's findings as the findings of the Planning and Zoning Commission and recommend approval of the following motion: "Motion to approve: 1. An amendment to Ordinance No. 3831, as previously amended by Ordinance Nos. 5617, 6369, 6755 and 6785 of the Lake Center Plaza Planned Unit Development, to permit dwelling units above the first floor in order to construct a new five -story mixed -use building approximately sixty- four -foot (64'-0") in height and totaling approximately 76,650 square feet. The proposed development includes 148 parking spaces (116 at -grade and 32 below -grade), together with associated site improvements, for the property located at 301 LaSalle Street (Case No. PZ-13-25), subject to the following conditions: a. Deviations or exceptions from the Village's Zoning Code as necessary to permit development of the Subject Property as a planned unit development in accordance with this Ordinance and the Approved Plans (as defined below), including all specific zoning deviations and exceptions set forth in the Petitioner's application materials. b. Development of the site in strict conformance with the following Approved Plans: i. Boundary, Topographic Survey & Demolition Plan (1 sheet) prepared by Ridgeline Consultants LLC, dated 07/18/2025 and bearing the latest revision date of 01 /23/2026; ii. Preliminary Site and Utility Plan (1 sheet) prepared by Ridgeline Consultants LLC, dated 07/18/2025 and bearing the latest revision date of 01/23/2026; iii. Preliminary Grading Plan (1 sheet) prepared by Ridgeline Consultants LLC, dated 07/18/2025 and bearing the latest revision date of 01 /23/2026; iv. Operation and Maintenance Plan (1 sheet) prepared by Ridgeline Consultants LLC, dated 07/18/2025 and bearing the latest revision date of 01/23/2026; v. Architectural Site Plan (1 page) prepared by Fitzgerald, and dated February 11, 2026; vi. Architectural Floor Plans (1 page) prepared by Fitzgerald, and dated February 3, 2026; vii. Exterior Elevations (1 page) prepared by Fitzgerald, and dated February 11, 2026; viii. Building and Wall Sections (1 page) prepared by Fitzgerald and dated February 11, 2026; ix. Landscape Plan (1 sheet) prepared by Juli Ordower Landscape Architecture and dated January 20, 2026; x. Tree Survey and Tree Inventory (2 sheets) prepared byJuli Ordower Landscape Architecture and dated December 9, 2025; A. Material Board (1 sheet) prepared by Fitzgerald, and dated January 23, 2026. c. Compliance with all applicable Village Code requirements, including, but not limited to zoning, fire, building, environmental health, sign, and other Village Codes and regulations. d. The use of stucco or engineered stucco systems (EIFS - type) is prohibited. e. The property owner is aware and accepts the ongoing maintenance responsibilities associated with the permeable brick pavers. The property owner shall provide documentation to the Public Works Department for all maintenance activities performed on an annual basis (before the end of each calendar year or at another time at the discretion of the Director of Public Works) to confirm that all requirements detailed in the Operations & Maintenance Plan are being met. f. Submittal of landscape, irrigation and photometric plans that comply with Village codes and regulations during the permitting process. HAPLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-13-25 301 LaSalle S St (Major PUD Amendment, CU-DU Above 1 st Flr).docx 8 Page 160 of 273 g. All signs shall be submitted, reviewed, and approved during the permitting process. All signs shall conform to Village Code. Any future relief requested for signage shall require an application for a minor amendment to the PUD. h. The Petitioner shall address all comments included in the Village review letter dated February 18, 2026 (PZ-1 3-25) attached as Exhibit C of the staff report. The Village Board's decision is final. ATTACHMENTS: / ADMINISTRATIVE CONTENT (Zoning Request Application, Responses to %%%I.- Standards, etc...) -.1000 1 concur: IWO� ,.� � May Jason C Shaftross, AICP, CEcD Director of Community Development PLANS (Plat of Survey, Site Plan, etc.) OTHER (Supplemental Information, Public Comments Received, \ etc...) -.00 HAPLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-13-25 301 LaSalle S St (Major PUD Amendment, CU-DU Above 1 st Flr).docx 41 Page 161 of 273 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 betaken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; 6. That the proposed conditional use is not contrary to 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 states that the proposed dwelling units above the ground floor are designed in compliance with all applicable zoning and building code requirements and will not be detrimental to the public health, safety, comfort, or general welfare. The Petitioner further states that the site plan and supporting materials demonstrate that adequate access, utilities, drainage, and other necessary facilities are available, with ingress and egress provided from LaSalle Street in a manner intended to minimize traffic impacts on surrounding roadways. The Petitioner further indicates that the proposed residential use is compatible with surrounding retail uses and will not impair the use, enjoyment, or value of nearby properties, nor impede the normal and orderly development of the area. The proposal is stated to be consistent with the Village's Comprehensive Plan, the Connect South Mount Prospect Sub -Area Plan, and applicable B-3 District regulations, except as modified through the conditional use approval process. Staff's Findings: Staff has reviewed the Petitioner's request for conditional use approval for a PUD amendment and conditional use for dwelling units above the first floor and finds that the conditional use standards have been met. Staff finds that the proposal will not endanger the public health, safety, morals, comfort, or general welfare. The proposed project would redevelop long -vacant parcel with compatible uses that support the continued viability and productive use of the property. The proposed mixed -use development and related site improvements are appropriate for the district and are consistent with surrounding uses. Just south of the Subject Property is a similar mixed -use project (1798 S. Elmhurst Road) that was approved in 2021 on the site of a former gas station. The information provided does not suggest that the proposal will generate nuisances that will be injurious to the uses and enjoyment of other property in the immediate vicinity, nor substantially diminish and impair property values within the neighborhood in which it is to be located. The proposed development is zoned B-3 HAPLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-13-25 301 LaSalle S St (Major PUD Amendment, CU-DU Above 1 st Flr).docx 10 Page 162 of 273 Community Shopping District and permits dwelling units above the first floor via a conditional use permit. The proposed development is compatible and consistent with the surrounding land uses including the restaurant and similar mixed -use development directly to the south, and several one-story commercial buildings to the east within the City of Des Plaines. The proposed conditional use is not contrary to the objectives of the Village's 2017 Comprehensive Plan as the Subject Property is designated as Mixed -Use District on the Future Land Use Map, which supports a range of commercial and employment -oriented uses, including retail and restaurants, consistent with the proposed mixed -use development. Other long-range planning documents including the 2020 Connect South Mount Prospect Sub -Area Plan identifies the Subject Property as a prioritized opportunity site and recommends commercial development due to its visibility along Elmhurst Road, and the Village's 2025-2026 Strategic Plan identifies redevelopment in South Mount Prospect as a key goal, further supporting the proposed project. The conditional use requests conform to the applicable regulations of the underlying B-3 Community Shopping District, with an exception (building setback from Elmhurst Road) identified in the staff report and in the Petitioner's application materials. 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, staff recommends approval of the conditional use requests. GENERAL STANDARDS FOR PLANNED UNIT DEVELOPMENTS Section 14.504.A of the Village of Mount Prospect Zoning Ordinance provides that a Planned Development shall conform to the following requirements: 1. Except as modified by and approved in the final Planned Unit Development plan, the proposed development complies with the regulations of the district or districts in which it is to be located. 2. The principal use in the proposed Planned Unit Development is consistent with the recommendations of the Comprehensive Plan of the Village for the area containing the subject site. 3. The proposed Planned Unit Development is in the public interest and is consistent with the purposes of this zoning ordinance. 4. The streets have been designed to avoid: a. Inconvenient or unsafe access to the Planned Unit Development; b. Traffic congestion in the streets which adjoin the Planned Unit Development; c. An excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the Planned Unit Development. Petitioner's Findings: The Petitioner states that the proposed planned unit development generally complies with the regulations of the B-3 District, except as modified through the PUD approval process, as demonstrated by the submitted site plan and supporting materials. The Petitioner further states that while the Village's2017Comprehensive Plan did not specifically contemplate residential use on the Subject Property, the 2020 South Mount Prospect Sub -Area Plan encourages new and diverse housing opportunities, the redevelopment of underutilized sites, and investment in existing infrastructure. The Petitioner indicates that the proposed residential use is consistent with these goals and objectives and expands housing options in the southern portion of the Village. The Petitioner further asserts that the proposed planned unit development is in the public interest and HAPLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-13-25 301 LaSalle S St (Major PUD Amendment, CU-DU Above 1 st Flr).docx 11 Page 163 of 273 consistent with the purposes of the zoning ordinance by adding new housing while maintaining compatibility with the surrounding area. The Petitioner maintains that no new public streets are proposed, and access to the site is designed to occur from LaSalle Street rather than Route 83 in order to minimize traffic congestion and avoid unsafe or inconvenient access. As designed, the Petitioner states that the development is not anticipated to place an excessive burden on public facilities, including streets, schools, parks, or other public services. Staff's Findings: Staff finds that, except as modified by and approved in the final Planned Unit Development, the proposed development complies with the regulations of the B-3 Community Shopping District. The proposed Planned Unit Development generally meets the intent of the underlying zoning district and conforms to applicable development standards, including lot coverage and setbacks, except where relief is requested for the setback requirement from Elmhurst Road as required under Ordinance No. 3831. Staff further finds that the proposed project is consistent with the Village's Comprehensive Plan. The Future Land Use Map designates the Subject Property as a Mixed -Use District on the Future Land Use Map, which supports a range of commercial and employment -oriented uses, including retail and restaurants, and is consistent with the proposed mixed -use development. The proposed planned unit development is in the public interest and is consistent with the purposes of the zoning ordinance, as it facilitates the development of an underutilized property with a use permitted within the Mixed -Use land use category. The proposed development will provide approximately 7,100 square feet of ground -floor commercial uses, forty-six (46) above -ground residential units and sufficient parking on a parcel of land that has sat vacant since the creation of the original planned unit development. Staff finds that the proposed circulation and access design is adequate. Vehicular access to on -site parking and refuse collection is provided via atwo-way curb cut on the north side of the site via LaSalle Street, which is intended to maintain safe ingress and egress and limit traffic impacts on the adjacent Route 83/Elmhurst Road. The proposed development is not anticipated to result in traffic congestion on surrounding streets or create an excessive burden on nearby public parks, recreation areas, schools, or other public facilities serving the area. STANDARDS FOR PLANNED UNIT DEVELOPMENTS WITH OTHER EXCEPTIONS Section 14.504.0 of the Village of Mount Prospect Zoning Ordinance states that the Village Board may approve planned unit developments which do not comply with the requirements of the underlying zoning district's regulations governing lot area, lot width, bulk regulations, parking and sign regulations, or which require modification of the subdivision design standards when such approval is necessary to achieve the objectives of the proposed planned unit development, but only when the Board finds such exceptions are consistent with the following standards: 1. Any reduction in the requirements of this chapter is in the public interest. 2. The proposed exceptions would not adversely impact the value or use of any other property. 3. Such exceptions are solely for the purpose of promoting better development which will be beneficial to the residents or occupants of the planned unit development as well as those of the surrounding properties. HAPLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-13-25 301 LaSalle S St (Major PUD Amendment, CU-DU Above 1 st Flr).docx 12 Page 164 of 273 4. In residential planned unit developments the maximum number of dwelling units allowed per acre shall not exceed forty eight (48) units per acre for developments incorporating senior housing or assisted living facilities. 5. All buildings are to be located within the planned unit development in such a way as to dissipate any adverse impact on adjoining buildings and shall not invade the privacy of the occupants of such buildings and shall conform to the following: a. The front, side or rear yard setbacks on the perimeter of the development shall not be less than that required in the abutting zoning district(s) or the zoning district underlying the subject site, whichever is greater. b. All transitional yards and transitional landscape yards of the underlying zoning district are complied with. c. If required transitional yards and transitional landscape yards are not adequate to protect the privacy and enjoyment of property adjacent to the development, the Planning and Zoning Commission shall recommend either or both of the following requirements: i. All structures located on the perimeter of the planned unit development must be set back bya distance sufficient to protect the privacy and amenity of adjacent existing uses; ii. All structures located along the entire perimeter of the planned unit development must be permanently screened with sight -proof screening in a manner which is sufficient to protect the privacy and amenity of adjacent existing uses. d. The area of open space provided in a planned unit development shall beat least that required in the underlying zoning district. Petitioner's Findings: The proposed planned unit development includes a request to reduce the required building setback along Elmhurst Road from approximately 112.2 feet to 100.5 feet. The Petitioner finds that the requested reduction is in the public interest, as it facilitates redevelopment of a vacant property and supports increased residential density consistent with the objectives of the planned unit development. The Petitioner further finds that the proposed setback reduction of 12 feet will not adversely affect the value or use of adjacent properties and will not interfere with the functional use of neighboring sites. The proposed development does not include senior housing or assisted living facilities and complies with applicable residential density standards. The Petitioner states that all perimeter setbacks meet or exceed the requirements of the underlying B-3 District and the adjacent 1-1 District. The Petitioner finds that transitional yard requirements do not apply, as the subject property does not abut any single-family residential properties, and no additional screening is necessary to protect the privacy or enjoyment of adjoining properties. Staff's Findings: Staff finds that the requested zoning relief for the proposed mixed -use development is in the public interest and is solely for the purpose of promoting better development. The requested exception from the building setback requirement along Elmhurst Road is necessary to accommodate a commercial ground floor and four residential levels to make the development financially viable. Strict application of the setback requirement would reduce the buildable area of the site and limit the amount of area dedicated to parking. Such exception is solely for the purpose of promoting better development which will be beneficial to the residents or occupants of the planned unit development as well as those of the surrounding properties. Staff further finds that the proposed mixed -use development will likely not adversely impact the value or HAPLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-13-25 301 LaSalle S St (Major PUD Amendment, CU-DU Above 1 st Flr).docx 13 Page 165 of 273 use of adjacent properties. The proposed project would redevelop along -vacant parcel with compatible uses that support the continued viability and productive use of the property. The proposed mixed -use development and related site improvements are appropriate for the district and are consistent with surrounding uses. Just south of the Subject Property is a similar mixed -use project (1798 S. Elmhurst Road) that was approved in 2021 on the site of a former gas station. The proposed development is compatible and consistent with the surrounding land uses including the restaurant and similar mixed - use development directly to the south, and several one-story commercial buildings to the east within the City of Des Plaines. The proposed development proposes atotal of forty-six (46) dwelling units on approximately 1.97 acres of land resulting in a density of approximately twenty-three (23) dwelling units per acre, far less than the maximum required 48 dwelling units per acre. However, the proposed development does not include senior housing or assisted living facilities. The proposed building complies with all setback requirements in the underlying zoning district. An exception is requested from the setback requirement along Elmhurst Road as required under Ordinance No. 3831 which established the original planned unit development. Transitional setbacks are not applicable as the Subject Property is not contiguous to any single-family residential property. The area of open space (28.2%) provided is at least that required in the underlying B- 3 Community Shopping District. Based on the foregoing, staff finds that the requested zoning relief is consistent with the standards for planned unit developments with other exceptions and supports approval of the proposed planned unit development. HAPLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-13-25 301 LaSalle S St (Major PUD Amendment, CU-DU Above 1 st Flr).docx 14 Page 166 of 273 Exhibit B: Lake Center Plaza PUD 'Lake Center P'luaza, P'UD r r / a ✓d „ ,,,,,,,,,,,, WIN �� wA I � I ' ti JOWa WIMP j f � w- f Ffifth '''h, Bank Montgerneiry St Best VWorm Advance Auto Parts o, rr o / t Park, wN°w j wvv cerilt0Ir i r tam i I , �r i J i p i rvm i �W i w I i C 'mwnnmm~ a u�m r Subject Property 1 J p Y m 04 w CIL i ai rry a e ellitelr Plaza PUI Parcels N Au S Feet HAPLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-13-25 301 LaSalle S St (Major PUD Amendment, CU-DU Above 1 st Flr).docx 15 Page 167 of 273 Exhibit C Village Review Letter MAYOR Paiul Wm. Hoefert Mount" TRUSTEES Vincent 3. Dante Elizabeth B. IDiPrima Terri Dens Wflham A. Grossi lohn I Matuszak Collleen IF., Saccotelli Village of Maunt Prospect 510 S. Emerson Street, Mount Prospect, Illin�ois, 60056 F'e b ru a ry 18, 2026 FitzGerald Design c/o Eric Overby Via e-maiL: eoverlby@fitzgerialddlesign.,c,olm all] 01 IC���MMMA blear M r. Overby, VILLAGE MANAGER Michael J. Cassady VILLAGE CLERK Karen Agoranos Phione: 847/962-600101 Fax: 847/962-6022 www.imiountpirospect,,.org The pillage of Mount Prospect has reviewed the second submittal for a mixeld-usedevelopment project proposed for the vacant site located at 301 LaSalle Street, Mount Prospect. Staff has, the 'foillowing review comments: PuMic'works Department: PW has reviewed) the revised preliminary plans submitted for, the new multi-,famiLy development proposed at 301 LaSalle Street, and have no objections to the requested RUD amendment. However, the following will have to be addressed as pla�rt ofthe BuRding Permit submittiaL/review: 1. Confirm that the property owner is aware and accepts the ongoing maintenance responsibilities associated with the permeable brick pavers. The property owner is aware and accepts the ongoing maintena�nce responisibitities associated with the permeable brick pavers. The property owner shall provide documentation to the Public Works Department for all maintenance activities performed oin an annual basis (before the end of each calendar year or at another time at the discretion of the Director of Public Works) to confirm that all requirements detailed in the Operations & Maintenance Plan are being met. Failure to, do so 'would be con�s,idered a viol,atioln of both ViLlage and MWRD permit Irequilrements. 2. In addition toVillage approval, Ipermr its must be obtained from the following agencies: From Metropolitan Water, Reclamation District', of Greater Chicago (MWRD) for the new sanitary service and stormwater management. HAPLANTIanning & Zoning COMM\P&Z 2025\Staff Reports\PZ-1 3-25 301 LaSalle S St (Major PUD Amendment, CU-DU Above 1 st F[r).docx 16 Page 168 of 273 Exhibit C Village Review Letter Village of Mount Prospect Building Services I Page 2 From Illinois IDepartment of Transportation (0101T) for any work in the Elmhurst Road right of way. From the Illinois Environmental Protection Agency for the new watiermain and erosion control measures (N PDES,, I LR1 0 perm it) - From the Illinois American Water Company (1AWC) foir work on the water service and fire hydrant connections. It must be understood that the comments listed above reflect issues noted during a review of the proposedpreLlminaryplans. Il oexcleptilons. or variations from Village Codes are indicated oir approved. A thorough review of the site design and details will be performed as part of the Building Permit review process to ensure Code compliance,. Bultding Department.: 3. Full permit drawings, shall compty,with all applicable codes,. Podium details shatt'Include code analysis, that list fire ratings, areas, heights, and all necessary information and code referen�ce to support proposed type and use., Fire Department,,-. Th e f o Ilowi ng ite rns m u st be a d d res s,le d d u ri ing b u i ld i ngpe rm it s u b m itta 1: 4. Afire: sprint ter and standpipe system in accordance with NIFPA 13, and NFPA 14 will, ble required for this project for all buildings. Ensure fire sprinkler, shop drawings, hydraulic calculations, and equipment cut sheets are submitted for review., Village of Mount Prospect Fire Prevention Code, 24.202 5. A fire alarm system will Ibe required for this project. Ensure that the fire alarm shop drawings with point-to-point wiring" diagrams, battery load calculatilons, and eqluipm�ent cut sheets are submitted for review. Village of Mount Prospect Fire Prevention Code, 24.202 6. An additional means, of egress may Ike required based on occupancy Load andl travel distances. Additional means of egress imay be, depending on the final room configuration. HAPLANTlanning & Zoning COMM\P&Z 2025\Staff Reports\PZ-1 3-25 301 LaSalle S St (Major PUD Amendment, CU-DU Above 1 st F[r).docx 17 Page 169 of 273 Exhibit C Village Review Letter Village of Mount Prospect Building Services I Page 3 7. An egress plan smuis,t be provided for the entire building. This plan must include occupant loads,, travel distances,, egress widths, and common path of travel. distances., An egress plan will be required when the building, plans are ,submitted for review. Additional, exits may be 8. All egress doors are to use keyless locksets on the egress side. No flush bolts, dead or, draw bolts, etc. will be allowed. Life Safety Code, 7.2.1.5.1 9. An emergency veh icle/appa riatus, turning riadiuss, diagram for all parking lots, fire Lanes, and turnaround poInts, must be provided., 10. All new s,print ler risers and associated fire pump equipment shall be in a separate room with a minimum of two-hour construction. 11. A fire pump and standpipe s,ystem(s) gill be irequired for this building. Please ensure that drawings are �submitted f or these systems to the Fire Department for review. 12. Fire hydrants are shown to be supplied f rom watermainsth rough out the new development. Waterflow calculations will be requireld to verify that the new prolpos,ed watermain sizes can meet the required fire flow GPM demand. The minimumfire! flow for a residential occupancy is 3000 gallons per minute at 20 PSI residual pressure. This documentation mus,t, be provided) to the Vittiage of Mount IProspects Public Works Engineering Department for review and ;approval, along with a copy to the Mount Prospect Fire, Department. pillage I gelof (Mount Prospect Fire Prevention Code, 16.403C If any changesare requested, please make the changes as noted above and! submit a point- bly-point response Letter and pdf fites of the (drawings,. Please upload revisions into, the portal. Feet free to cointact me at (8147) 818-5314 / achoi@mountprospect.org if you have any questions., Siincer,ely, Ann Choi Development Planner c: File Commun�ity DeveLopment HAPLANTlanning & Zoning COMM\P&Z 2025\Staff Reports\PZ-1 3-25 301 LaSalle S St (Major PUD Amendment, CU-DU Above 1 st F[r).docx 18 Page 170 of 273 V1111age of Mount Prospect Community Developmeint Departmoint 50,S- ErnersonStreet Mount Prospect, Illinois 60056, Phone-1 (847) 818-5328 Zoning RequestApp`II caltion Off [cial �Use Only, (To �be, comlpleited� b,y Village St�alff) 'e- ,Ciase Number, PZZ25-000G20 �Date of Submissioni" 07124/2G25 HeaMg Dat 2126,120,26 Dwell ng Uini is bove 1st Roof) Project Name/Address- PZ- 13 3-25301 LaSafle St (C U M ajor PUD AmBrildrinent, I. Sub ect Property i Address(es). 301 Lasalle St Z.erg -Ing District(s)- BY Property Area (Sq Ft andlor, Acreage)," 1.92 acres, Parcel Index (P1N,(s),- 08-23-203-1045-10000 1 11. Zoning Request(s) (Chieck al] that apply), 11 IS Conditional Use,.,, For, Major PUD Am�eindmentlDU Above First Floor, "Varlation(s.)', "To Zoninii Map Arnenidment- Rezone From Zoning T ext Amendment', Section(s) C1 117 I Ills. Sumimwy of, Rrioposial (use separate sheet lif necessary) 11 dab a A a A A a A t is, 'A A 0 M milli IV. Applicant (ail corriesporn dence will be sent to the applicant) I Name- Erie. Overby Corporation- R&A Management LLC Address-, City, State,,,ZIP Code-- Phonlia, Interest in Property., Ern,,ail.- V. Rroperty, Ownri .. . . . . ... . .), Chieck if Same as Applicant Narne-, Chicago'Title Land Trrust, Corporation', Company (Trustee) Address- 35 K Wacker Drive Page 171 of 273 City, State, ZIP Code: Chicago, IL 60601 Phone: Email: Page 172 of 273 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. hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. Applicant: (Print or Type Name) Eric Overby If applicant is not property owner: Date: 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: (Print or Type Name) Date: Page 173 of 273 � Village of Mount Prospect Community Development Department 50S. Emerson Street Mount Prospect, Illinois 60056 Phone: (847) 818-5328 Affidavit of Ownership COUNTY OF COOK STATE OF ILLINOIS I, Lawrence M. Freedman , under oath, state that I am (print name) ❑the sole owner of the property an owner of the property an authorized officer for the owner of the property commonly described as301 S. LaSalle Street, Mt. Prospect, Illinois (property address and PIN) 08-23_203_045-0000 Chicago Title Land Trust Company u/t/n 40666, the and that such property is owned by beneficial owner of which is CV Land Holdings, LLC as of this date. (print name) Subscribed and sworn to before f me this �L day of July , 20 25 Notary Public E aryPubllc Stats of Illlnols OfTicisl Seal Leslls M Mercado Comma 580507 Commission Expires 1o13tl2o27 Page 174 of 273 Vitage of Mount, Prospect Community DeVelopment Department 50 S., Emerson Stree,t MOIunt Prospect,, lUlnois 16,00,56 Phone,,:, (8457), 818-5,328, Pt E) Check if'Saime, as Applicant ame, Rl'ldvan Alka Address,,- WI,. C arboy ROalid, City,, statej, ZIP Co MountProspect, Ill'inds �6.0056 Phone!", Ridvan Alka a Name) It appLican't Is not property owneA f . . . .......... CorporatioIn R&A Mianagerwnt LLC rc ........... m. (P r1 N a m e) L rence M., Free, Sman, VP Page 175 of 273 RIDER #2 ATTACHED HERETO AND MADE A PART OF REAL ESTATE SALES CONTRACT DATED JANUARY 21, 2025 BY AND BETWEEN 301 LASALLE, LLC, AS PURCHASER AND CHICAGO TITLE LAND TRUST, AS TRUSTEE U/T/A DATED MARCH 9 1970 A/K/A TRUST NO, 40666 AS SELLER l . Purchaser shall be modified to R&A Management, LLC, an Illinois limited liability company. 2. The proposc{l Property to be constructed is described as follows: number of stories (5), number of total apartment units (46), gross floor area (90,591 SF), number of outdoor at -grade parking spaces (11 ()'), number of indoor parking spaces (32). PURCHASER: R&A Management, LLC ;I By: /.1A Its Manager SELLER: Chicago Title Land Trust, not personally but as Trustee aforesaid 8y: C.V. Land Holdings, L.L.C., a Delaware limited liability company, Its Sole Beneficiary with Power of Direction By: ai Corp., n Illinois c �tion, Its Man y: Vice President Page 176 of 273 2024 Second Installment Property Tax Bill - Cook County Electronic Bill $0.00 Property Index Number (PIN) Volume Code Tax Year (Payable In) Township Classification By o3/15/2026 08-23-203-045-0000 050 16048 2024 (2025) Elk Grove 1-00 IF PAYING LATE, 03/16/2026 - 04/15/2026 04/16/2026 - 05/15/2026 05/16/2026 - 06/15/2026 LATE INTEREST IS 0.75% PER PLEASE PAY $0.00 $0.00 $0.00 MONTH, BY STATE LAW WHERE YOUR MONEY GOES Total 2024 Tax Bill $19,763.17 $754.13 MORE than 2023 Taxing District 2024 Tax 2023 Tax Difference SCHOOL DISTRICT C C 59 $6,862.74 $6,410.44 $452-30 More ARLINGTON HTS TWNSHP H S 214 $5,701.35 $5,380.54 $320.81 More VILLAGE OF MT PROSPECT $1,829.58 $1,943.16 -$113.58 Less MT PROSPECT PARK DISTRICT $1,316.12 $1,234.55 $81.57 More VILLAGE OF MT PROSPECT LIBRARY FUND $1,132.90 $1,104.72 $28.18 More HARPER COMMUNITY COLLEGE DISTRICT 512 $960.18 $908.86 $51.32 More METRO WATER RECLAMATION DIST OF GR CHGO $753.98 $759.22 Less COUNTY OF COOK $520.71 $374.08 $146.63 More COUNTY OF COOK HEALTH & HOSPITAL COMM. $172.39 $169.45 $2.94 More PUBLIC SAFETY PUBLIC SAFETY $171.65 $169.45 $2.20 More FOREST PRESERVE DISTRICT OF COOK COUNTY $151.90 $165.05 -$13.15 Less TOWN ELK GROVE $119.22 $112.23 $6.99 More TOWN ELK GROVE ROAD FUND $26.14 $26.41 -$0.27 Less NORTHWEST MOSQUITO ABATEMENT DISTRICT $23.30 $22.01 $1.29 More GENERAL ASSISTANCE ELK GROVE $21.01 $22.01 -$1.00 Less CONSOLIDATED ELECTIONS $0.00 $70.42 -$70.42 Less DO NOT PAY THESE TOTALS $19,763.17 $19,009.04 $754.13 More The above breakdown displays how much you pay in property taxes to each taxing district and the change from last year. Please see reverse side for a detailed breakdown by Taxing District. 2023 Assessed Value 72,958 2024 Total Tax Before Exemptions 2024 Property Value 729,581 19,763.17 Homeowner's Exemption .00 2024 Assessment Level X 10% Senior Citizen Exemption .00 2024 Assessed Value 72,958 Senior Freeze Exemption .00 2024 State Equalizer X 3.0355 2024 Equalized Assessed Value (EAV) 2024 Total Tax After Exemptions 221,464 19,763.17 2024 Local Tax Rate X 8.923861 % First Installment 10,454.97 2024 Total Tax Before Exemptions Second Installment + 9,308.20 19,763.17 Total 2024 Tax (Payable in 2025) 19,763.17 THANK YOU FOR YOUR FIRST INSTALLMENT PAYMENT OF: $10,454.97 THE ALTER GROUP 1731 WALL ST 3201 OLD GLNVEW RD 302 MT PROSPECT IL 60056 WILMETTE IL 00000-0000 Page 177 of 273 Taxing Districts 2024 Tax 2024 Rate 2024 % Pension 2023 Tax MISCELLANEOUS TAXES NORTHWEST MOSQUITO ABATEMENT DISTRICT 23.30 0.01052 0.12% 22.01 METRO WATER RECLAMATION DIST OF GR CHGO 753.98 0.34044 3.82% 78.40 759.22 MT PROSPECT PARK DISTRICT 1,316.12 0.59427 6.66% 101.12 1,234.55 MISCELLANEOUS TAXES TOTAL 2,093.40 0.94524 10.60% 2,015.78 SCHOOL TAXES HARPER COMMUNITY COLLEGE DISTRICT 512 960.18 0.43355 4.86% 908.86 ARLINGTON HTS TWNSHP H S 214 5,701.35 2.57439 28.85% 102.78 5,380.54 SCHOOL DISTRICT C C 59 6,862.74 3.09880 34.72% 118.36 6,410.44 SCHOOL TAXES TOTAL 13,524.27 6.10675 68.43% 12,699.84 MUNICIPALITY/TOWNSHIP TAXES VILLAGE OF MT PROSPECT LIBRARY FUND 1,132.90 0.51155 5.73% 1,104.72 VILLAGE OF MT PROSPECT 1,829.58 0.82613 9.26% 947.68 1,943.16 TOWN ELK GROVE ROAD FUND 26.14 0.01180 0.13% 26.41 GENERAL ASSISTANCE ELK GROVE 21.01 0.00948 0.11 % 22.01 TOWN ELK GROVE 119.22 0.05383 0.60% 112.23 MUNICIPALITY/TOWNSHIP TAXES TOTAL 3,128.85 1.41280 15.83% 3,208.53 COOK COUNTY TAXES FOREST PRESERVE DISTRICT OF COOK COUNTY 151.90 0.06858 0.77% 12.74 165.05 CONSOLIDATED ELECTIONS 0.00 0.00000 0.00% 70.42 PUBLIC SAFETY PUBLIC SAFETY 171.65 0.07750 0.87% 169.45 COUNTY OF COOK HEALTH & HOSPITAL COMM. 172.39 0.07784 0.87% 169.45 COUNTY OF COOK 520.71 0.23512 2.63% 175.13 374.08 COOK COUNTY TAXES TOTAL 1,016.65 0.45905 5.14% 1,084.89 (Do not pay these totals) 19,763.17 8.92386 100.00% 19,009.04 Pursuant to Cook County Ordinance 07-0-68, if you are a mortgage lender, loan servicer, or agent of any entity within the meaning of 35 ILCS 200/20-12, you may not pay using a downloadable tax bill unless you pay the $5 duplicate bill fee. *** Please see 2024 Second Installment Payment Coupon next page *** Page 178 of 273 I* Me* ,,K4Rw In,IJ2 K GUT & ['NClLA.JDE'WlTH PAYMENT T3LG Property 11,11,11ndex Number (PIN) Volume 00 no County effill 08-23-203-045-0000 0,50 By 0311512026 Click, to pay onfine I Amount Paid If paying later, refer tol amou, nts above. .,Cl-llck, to updarte, M, ifing Named'Address SN 00202,4020 RTN 500001075 AN ('see PIN) TC 008,922 Wemal use only m11 m mli 1111, , ME 11' t 11111 Mil�lmjl:ll, M111111, 11 11 If U t 11111 , . M, , 111ME I I , , I I1 II This iis, an Official Downtoadable Tax Bill IPayment Coulplon., Please process this coupon along with Ipayment pre sen�ted. COOK C,OUNTYTREASUIRER PO BOX 806436 CHICAGO, IL 606,80-4,11l:55 Page 179 of 273 !111 lj�, III 1 1011, REM 'I, i�7srr.ATE SA'11.411�'.' CONMACT 1, 3,01 La Salle: 1".14tilir, notnixtee P lu,rcl u,s4c, r i a,gives to ptirclutsle at a price OT'i the tennis .. fortli hicrcin, (1hc 1"1011owii,ngi desm,',ibled, reIll eslate in M I. Prospect, C"Ook Coi,le', 111,11,11101 SI. .1h, Rcinge I / asvq ii z ql'Slt�tl"-on 2..1, wn's,hip, 114 1 NO) Lot.Nn Lake (,I' vz,r Phi-tifie.vibel vhvicn,No. 41n the no,rlheast corne�- thel 71h d 1 -o -ominoilt�j.,,l knoiivn-as I'lie's-ow/nix st 83 anti La.,Saflc� Street (Me "Pr rp i ")rineq, k CIO uatIvro 111ivais p, 'Ilcm� 2. 1 Land Tt Lsl,t,,a5 TrIustice u/,(,/a dated INMm IU-Irust No. 41),666 agrccll to sell the i-cal esslate, des,enibled, h,ml 41-111 the price, tillid tern -is slet fort1i, herej n'. a,t'id to coti'vey or cause tc-)� be convicyled to M11p, I I ) I cl 1 1, t" I , I , 01,11,yto licis, lici-6m,41cr Ptirchirtswr or its i,,,wmincefifle diei,11f,,m) by -.ii reconlfle t'ril'stee s dced,, S defincid.. w"thfilt,11'rec (3) 1:m,,sincss &Lys of execut,m), liercoNlepos't with tl-w itic Corinpanty 'C'I'S'escrm"vec tile sul"In of 3. d -igircles to play I satisfy' theballice e purch.�vsw is ClIt"irill ri'lioncyto be -c''pplied, On the pturciftZis;c priicl t 1" 1111 n u S, pr( ),nclt 1, 01"I's t I firm O"relo's,1911, It I .......... S PTO VK i 1, - I se,,, av't 1, "Flu,* "I'me of' closing shal I be a led "n, the c',aunchcid R'der, unless subsequently i'mitually ci,greed other%vI* lie clil'-icago, 111il"10i'sk 01'rice, 011" Ch"ica,go "I"'ifle Ins'll,trai,,ice Contripat-ly Ioca,tecl a,t 10 S. LLasallc Sti-cet, Chic;;llgol, 11 ("the "Fitle Cluimp�rny"), providedtiltle 'is sl,"w1w 11 "'0 be golod or is., saccq,itcd 'by 1"Im"C1111MU, 1"UrCIUMser prcfbrs cither the lltofli,ng, Mcin-dmvs or 11tut Ridge of,17ice. 511, ScHer, hereb vng to P; 'rotip per sq,, y ;i,orccs at clos" v,� ��,t bt-o'kers to T"I 13,1111fliel- G a n It c aw vir relic j n e n ZV 6. 1"aannestoncy-sh] ble held by thI ,c," " l le panicsMeof . 4' a nts (11-�,itt ScHer, a,g nivs - 1mvic trece"ved no t , �.Jly lityl Villa gc lt,),r o(thei 7, Seller w, i l f tw,i c of Sc Ful"11 aut h,,(,) Hl b It, til 1 d i tt have vl twe,,ti y of zo i�ii 1"1,g I'll ;,, fire or he,,,dth code, viol,11101"IS 1,11 14CISI)CO (0 (11C ProperTy, I'll I'lletviot,61V corl,ected. 11, con,1ni'mis Slut ect., t.10 t[w Conditicin.sand fOrth oil the back' 1,x.,iboc liercoll" w1hicti Conditions zlild Sti,j;,)u1k,i.[IOT,,,1,S ,11rc made at part offin"s contnict. Datedi'm JMILJLAI-y� 2025 1l) U RIC 1,11 ASE It "A", 3,01 LI't LLC ,-Doc uSigard bj�� l wo �114 BY' c/ohiz; o L-R)r w ices 6650, North Not-tinvest 11, 1',gilim"ay" Suite 'iloo Ciiiczigo, 11filtim, 60631 I Attm Rloberl G'tiz111do c Ill c I'll 1 11 1`4 SE1,,E,R@- Chicago Tlit',Ie Littid I rust not Pei ly by as "I'rustee al'ot-esaki 'By ry C.V. Land 1-1 old"I" n, gs, I I c colm palti Is, Sol c Rci",ii efit it'll Povver of Dlirectioll ciary ma Cliali Corp., -wW111tton, s, -,i, Intl mffl��� C� c),Ash,,Anos,, j-ric'edintu, Lt.�C 95"R-(iv,L-r,c Drivic, Slu'l "771 Nk,),rth,br,1o(:A, Itnois 60062, Altri: 1-11twi-ci-ice 1"recidiiiii.n Tcle ph(��)1,1�c: Page 180 of 273 Docusign Envelope ID: 441 FEEBE-EFC8.4EB9-95CB- 71 CAB4A5263C CONDITIONS AND STIPULATIONS 1. Seller shall deliver or cause to be a here o Purchaser or Purchaser's agent, within 21 days of the date of execution hereof, a title commitment for an owrices, title insurance policy issued by the Title Company in the amount of the purchase price, covering title to the Property an or after the date hereof, showing title in the intended grantor. Such commitment shall be subject only to Permitted l�xceptions. If Purchaser notifies Seller within 10 days after receipt of such title commitment and copies of Schedule: B documents that the title commitment contains exceptions which, in Purchaser's opinion, might impair Purchaser's proposed use of the Property, Seller shall have 14 days from the date of Purchase's notice to have any such exceptions irernoved from the commitment or to cause the Title Company to insure over same subject to Purchaser's reasonable approval. All exceptions to which Purchaser does not so object shall be Permitted Exceptions. If Seller does not have the exceptions removed or does not cause the Title Company to insure over same subject to Purchaser's reasonable approval within the specified time, Purchaser may elect, by written notice to Seller delivered within 5 days after the expiration of the 14-day period, to terminate this Contract and immediately receive a Earnest Money as its sole remedy. If Purchaser does not so elect, this Contract shall remain in full force and a ect, subject to all other terms and conditions hereof. The tale commitment shall be conclusive evidence of good title as therein shown as to all matters insured by the policy, subject only to the exceptions as therein stated. At closing, Seller shall provide extended coven.ge over general exceptions. Seller, at Seller's cost, shall have the Title Company provide Extended Coverage for the owner's Policy. 2. At closing Seller shall provide a cumbnt survey of the Property in accordance with ALTA standards. 3. If the title commitment discloses unpermitted exceptions, Seller shall have 30 days from the date of delivery thereof to have the exceptions removed from the commitment or to have the title insurer commit to insure against loss or damage that may be occasioned by such exces-ption, or in the alternative, to obtain the commitment for title insurance specified above as to such exceptions, Purchaser may terminate this contract or may elect, upon notice to Seller within 10 days after notice thereof, to take title as it then is with the right to deduct from the purchase price encumbrances of a definite or ascertainable amount. If Purchaser does not so elect, this contract shall become null and void. 4. Assessments pursuant to the Declaration of Protective Covenants of record, general taxes, and other similar items shall be adjusted ratably as of the time of closing. The amount of the current general taxes not then ascertainable shall be adjusted on the basis of 110% of the most recent ascertainable taxes. All proration are final unless otherwise provided herein. Seller shall pay the amount of any stamp tax imposed by State and County law on the transfer of the title, and shall furnish a completed Real Estate Transfer Declaration signed by the Seller or the Seller's agent in the form required pursuant to the Real Estate Transfer Tax Act of the State of Illinois and shall finish any declaration signed by the Seller or the Sellees agent or meet other requirements as established by any local ordinance with regard to a transibr or transaction tax; such tax required by local ordinance shall be paid by the party upon whom such ordinance places responsibility therefor. 5. The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this contract. 6. If this Contract is terminated without. Purchaser's fault, then Purchaser, as Purchaser's sole and exclusive remedy, may either seek specific p erfoxmrefund ance or terminate the Contract and receive and of the Earnest Money. If the termination is caused by Purchaser,s fault, then the Earnest Money shall be retained by Seller as liquidated damages as Seller's sole remedy. 7. This sale shall be closed through an esi�row with the Title Company, in accordance with the general provisions of the usual form of Deed and Money Escrow Ag-eernent then in use by the Title Company, with such special provisions inserted in the escrow agreement as may be required to conform with this contract. Upon the creation of such an escrow, anything herein to the contrary notwithstanding, payment of purchase price and delivery of deed shall be made through the escrow and this contract and the earnest money shall be deposited in the escrow. The cost of the escrow shall be equally paid by the parties.. 8. Time is of the essence of this contract. Page 181 of 273 Docusign Envelope ID: 441 FEEBE-EFC8-4EB9-95C8-'11 CAB4A5263C 9. All notices herein required shall be in writing and shall be served on the parties at the addresses following their signatures. Notices shall be deemed properly delivered and received when and if either (i) personally delivered; (fl) delivered by national overnight courier, (iii) sent via facsiraile, (iv) three (3) business days after being deposited in the U.S. Mail, by registered or certified mail, return receipt requeeed, postage prepaid; or (y) sent via E-mail to notified party's attorney, if any, so long as sender follows the E-mail with the mailing of a copy of the notice via U.S. Mail, within three (3) days of receipt by the sender of a request from the intended recipient to send via US. Mail. Notice serves as aforesaid to the party or its attorney shall be deemed properly served. 10. Seller represents that he is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code and is therefore exempt from the withholding requirements of said Section. Seller will furnish Purchaser at closing the Exemption Certification set forth in said Section. SEE ATTACHED RIDER Page 182 of 273 Docusign Envelope ID: 441 F EEBE-EFCB-4EB9-95C8- 71 CA84A5253C RIDER ATTACHED HERETO AND MADE A PART OF REAL ESTATE SALES CONTRACT DATED JANUARY 2025 BY AND BETWEEN 301 LASALLE, LLC, ASPURCHASER AND CHICAGO TITLE LAND TRUST, AS TRUSTEE UITIA DATED MARCH 9.1970, AIK1A TRUST NO, 40666, AS SELLER Purchaser shall have one hundred twenty (120) days from the date of execution hereof ("Feasibility Period") to dcten-nine whether the Property is suitable for Purchaser's intended purpose, of a minimum multi -family apartment of forty-five (45) dwelling units above first floor commercial including, but not limited to, the right to enter upon the Property in order to conduct soil tests, engineering feasibility investigations and such other inspections as Purchaser deems appropriate. Within five (5) days of execution hereof, Seller shall deliver to Purchaser the documentation in Seller's possession set forth on Exhibit "A" attached hereto and specifically incorporated by reference herein ("Material Documents"). Prior to any entry on the property by Purchaser or any of Purchaser's consultants, such party shall provide Seller with evidence of insurance in accordance with the provisions set forth on Exhibit "B" attached hereto. Notwithstanding the foregoing, Purchaser shall not perform any invasive testing, including but not limited to a Phase II environmental examination, without Seller's consent, which consent shall not be unreasonably withheld. On or before the expiration of the Feasibility Period, Purchaser in its sole discretion may terminate this Contract for any reason b written notice to Seller, at which time the Earnest Money shall be paid to Purchaser y and neither party art shall have any further obligation hereunder. Purchaser shall indemnify and hold p Seller harmless from and against any mechanic's liens or claims thereof that may be filed or asserted against Seller b contractors, subcontractors or materialmen performing any tests or inspections for � y Purchaser p ua-suant to this Paragraph 1, or for any claims of damages for injuries sustained by agents or employees of Purchaser who Inter upon the Property to perform any tests or inspections; provided, however, Purchaser's indemnity under this Section 1 shall not extend to any adverse or pre-existing Page 183 of 273 Docuslgn Envelope ID: 441FEESE-EFC8-4E89-95C841CA04A5263C condition or with respect to the Property that is discovered or revealed by Purchaser in the course of the inspections, including, without limitation, any pre-existing condition discovered which relates in any way to hazardous materials. 2. Purchaser shall have a period of one hundred twenty (120) days from the date of execution hereof ("Governmental Approval Period") in which to obtain approval from the village of Mount Prospect to permit the development of the Property with not less than 45 dwelling units above first floor commercial ("Governmental Approvals"). In the event Purchaser is unable to obtain the Governmental Approvals with the aforesaid time period, and so notifies Seller that Purchaser elects to terminate flis Agreement, the Earnest Money deposit shall be paid to Purchaser and neither party shall have arty further obligation hereunder. Buyer shall have the right to accept approval of less than forty-five (45) dwelling units at Buyer's option. If less units are approved and not acceptable to Buyer, then Buyer may terminate the Contract and all Earnest Money shall be returned to Buyer. 3. Failure of Purdlaser to terminate this Contract pursuant to either paragraph 2 or 3 of this Rider on or before one hundred twenty (120) days from the date of execution hereof shall be deemed a waiver of such right and the Earnest Money shall be thereafter non-refundable except in the event of default by Seller. 4. Closing shall be on or before fifteen (15) days after the expiration of the Feasibility and Governmental Approval Periods. 5. Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed remade by Seller to Purchaser at Closing and shall survive the Closing: (A) Seller is the owner of the Property and Seller will be able to cause the Page 184 of 273 uocusign Envelope ID: 441 FEEBE-EFC8-4E89-95C8-71 CA84A5263C conveyance of the Property to Purchaser or its nominee in accordance with the terms of this Agreement; and that the Property is not the subject of any other executory contract of sale, right of refusal option or other agrcen-ient and Seller has full power and authority rightfully to execute this Agreement and to perform its obligations hereunder; (B) There is no pending or threatened condenination or similar proceeding or assessment affecting the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any govemmcntal authority; (C) Seller has received no notice of violation of any applicable laws, ordinances, regulations, statutes, riles and regulations of all governmental authorities having jurisdiction with respect to the Property; (D) Seller has no actual knowledge of the existence of any hazardous substances or toxic substances on or underlying the Property. 6. In the event that either party wishes to use the within transaction as part of a tax deferred exchange under Section 1031 of the Internal Revenue Code, the other party agrees to reasonably cooperate with such party and accomplish from such exchange, provided that such cooperating party incurs no increase costs, and closing will not be delayed thereby. PURCHASER: 310 LaSalle, LLC SELLER: Chicago 'Title Ladd "Trust, not personally by as "Trustee aforesaid LT'cl ivnw by: 1/21/202 5 .By• C.V. Land Holdings, L.L.C., a Delaware limited liability company, Its Sole Beneficiary with Power of Direction By: 18 Chai Corp., an Illinois corporation, Its11-5-111, By• Vice President Page 185 of 273 DOCUSIgn Envelope ID: 441 FEEBE-EFC84EB9-95C8-71 CAB4A5263C .VK.!Jj BIT ,A. Material Documents 1. 07/93 -- Soil Boring Location Drawing by Testing Service Corporation. (1 page). 2. 08/06/93 — Report of Site Exploration by Testing Service Corporation. (62 pages). 3. 01 /3 0/ 18 --- Resubdivision Plat by Edward J. Molloy & Associates, Ltd. (2 pages). 4. 12/ 19/06 — Environmental Site Assessment by Testing Service Corporation. (291 pages). 5. 01/22/10 -- Amended and Restated Declaration of Protective Convents and Reciprocal Grants of Easement bit Ash, Anos, Freedman, & Logan, L.C.C. (38 pages). 6. 09/09/08 — Survey of Clay Stockpile by Edward J. Molloy & Associates, Ltd. (1 page). 7. 11/07/ 17 — Commitment for Title Insurance by Chicago Title Insurance Co. (18 pages). 8. 08/09/21--Plat of Sun►ey by Edward J. Molloy & Associates, Ltd. (2 pages). 9. 09/30/09 — Amended and Restated Declaration of Protective Convents and Reciprocal Grants of Easement by Ash, Anos, Freedman, & Logan, L.C.C. (35 pages). 10. LCCP By -Laws Prepared by Ash, Anos, Freedman & Logan, L.L.C. (4 pages) 11. 4/30/08 - LCCP Amended and Restated By -Laws Prepared by Ash, Anos, Freedman & Logan, L.L.C. (4 pages) Page 186 of 273 Docuslan E, nvelope, V 4141 FMjE-EFC4"ESq-!95CS-7 I CA84M,2,63'Cn &IMMT111121 ,Coutra,,ct,or,s'l'urainc,e%, Requirements Lake Center Co, orste Park Association, Ine., ,rp 3202 014 Glenview Road$ulte 3,02 W11miette, IL 60091 11.0 Ulabilliq U, nder the *Type of Insuranoe(r In, 'the Gen ill,etiftisedOn, tho-OMmeMal GenerW UablI41 andOccuIrrence, M boxes,should be checked, 011 S minim, Eeoh Ocuirrmwe, H it of $1,000,0001 per io=rrence and $2,,,OCO, A00 aggregate and, U 01=9000 pm4uOsk*mpjeWi operetkm a0regate. The aMregete timk Wit apply separahey to, each Job ipefti. AN pandies, WAI be bmad f0m and shall include co al IUaWflftyo pemwMl Injury' protedon ,and completed operatim, a, owerap. Thiese policies will be p6mary a non-mintributory. AM� Insm,me cenW by Me Owner a,ndlicr TheAfter Group, Ltd shall be dee, excess wverage., Each Insurar, m, ust be IlMsedtodo huWness In the State ofm, vft, a raUrqlby Suft lvaunn= lftft QuIde, olat least �Xl- L AMItional tnsurei& Owdpillonof Operadoins, et 411. Myo Puribe, shown, as, follom; In Oft, -on the l aWtional InsuredOWth Nisped to Seneral 11abi LaM Center Cwparata Park Ass*WWOM Incolf, The Alter Group,, andiassom of asgmk #110m4ft OW 4YWw W* a d*lb*' Anumd w4lh, resped 1b-COn=emWVG&, wvW, LkW,, W� andAuftwx0ft UbbW, subropodwAm, fawr tithe addfiftml In '', ofthelt rexpective ageMs ancfeq*y"s IRMUG-8 &M, My and workem comperwWan poficy., 30, Adomobtle Liability bil In fts sect1m,, Atftmo ' a Liablity In a minlAw, m amount of $1 000,,000,for alll owned, non -owned and hlmdl v6hides bmught onto, Ons promises, by the subcontrador 4. Worlovs, C4M,penwwon St Workers Omporwation, coverago. In 000 WgnCe, wfth Arizona, statute, M, U" tM IMOM8101 Emp"- re UaWI1V Comrase, should bo In a minimum arnount as, followw: $500.000 -Each Aoddeint $500o,000 - DismoPeficy, Urnfl, $ I I IS 50001000- Disea o�Each, i �Em, ployw peminell, piewwd'y ftpaq,imurence, wvemge to t%ft and equipment brcwglht on to, anWbrusW on the, Propelles, by the subcontractor In an ualto the rapfoomient, cost of all 8wh tools and eq mont.The AlWr Group 4 IUd muist, ,obtain Ow, Ownem Iprior Permission In ft, ovord, Mal It decides, to walveawny of they above requirementel. The Mom`" GMUP11 U41 shafl obtain and keep on 014-a Cedftato! of Insurance, which sihom, that iw1rMwbwnftcWr Is so houred. ,W,e mqu t ftk* rdw ce v4d,th, the„pOky pMISIOMI., Ma cancefial'onn delivered haicw certlOcaten Holider certgks,ws of insurance coin be e-malled or a' to the follovving: Lako'Center Pima, ASSOCIaVOO d lo The After G roul pe Ud.3,201 04 R)gdSufte 302 Page 187 of 273 7 !!�71 !!� ADA, ISOx CAr'CHBASIN Buaa EFUT REMMIC MEMP. asomw purarm- GUNE HKINsWr UGHT p WE TRREE w4r[WYMAXII 0 MORM kQ4+qXE SULME CURB CAAN ~w4rm WNW "MTER hI ; mnim vAiI UNDERGROUND UITILM, ES, PERIMLI.E. 'AAffift, L hKE — Rim, — pm, — "m wulvris� i� 4LL IIi HkAft1 OWN IHEIPM AM WED ON %J&k1AdW.A1i,C0(A0AATf gqSyFMI,E0I TONE ("LiUARECTICAI A6 DOEHMNED W LU. SE Of Gifl.& EW, IFIMENT USHE IffiWaNG WW&II FQ(U*MFNTAi0W3 WIENW"IWIr iRECOROW PLATCY WERDIVISAM. 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MNAH1 OPERAWAA WARTBAIANCE KA4 .01ro IA [Comm a Immilmimill Aw *V r INV 1 9 % .E T D BF REW(W A wo, fji-� 21 A14 'Fil IN, 51 j Yi vi x! e for wol, Oslo anvo,:� will OQ MAN! It I op, XWI We u 00 1 40 e i We 9 F/ V11% Z I I I Q, Ila MT 21" f .. ...... .. .. .. .. .. .. .. 2 It 'JAW oe, Q NAP Im 'm ed .. .. .. .. .. .. 'ace 9 Lit Ap, I I F1 I moil! Act f1maj QTTT�- I Ap OP If M 4 1poL WON VVINAW. I'll- 11 1 �j Aoe a N, Ap 0--k sw. 4r p) wo, I J we' u N4 f i I's a Mat . .. . .. .. .. ... .. ... .. ... .. .. VIA psi k1w o kwi PART OF LOT 4, IN , f UNNEVANS DM&ON ww"II (1, R&A Management LLC ----------------- IN10I No' M(A)NTFROSPECT, RINI I w ------------------------------------------------------------------------------------------ -------------------- 'R&A Mairiageirneiri� t ................ ................ C July 29, 2025 REVISED January 21, 2026 Ann Choi Community Development Department Village of Mount Prospect 50 S. Emerson Street, Mount Prospect, IL 60056 RE: 301 LASALLE STREET — Major PUD Amendment — Letter of Intent Letter of I ntent The proposed multi -family residential project is located at 301 Lasalle Street in Mount Prospect, Illinois, on a 1.9682-acre (85,733 square feet) property situated at the southwest corner of Route 83/South Elmhurst Road and Lasalle Street, approximately 450- feet north of West Algonquin Road in the Lake Center Plaza Planned Development. The site is currently undeveloped land listed 'For Sale' in a B3 — Commercial Shopping zoning district. The site is bordered by Lasalle Street to the north, Route 83/South Elmhurst Road to the east, a warehouse (11 Limited Industrial) to the west, and restaurant (133 Commercial Shopping) to the south. On the north side of Lasalle Street, there are additional 11 and B3 Zoning Districts, which are adjacent to RX - Single Family, R4 - Multi -Family Residence, and R4* - Planned Unit Development (Multi -Family Residence) zoning districts. On the east side of Route 83/South Elmhurst Road lies Des Plaines, Illinois. The project consists of a fully sprinklered, five -story mixed -use building with Type IA podium and below -grade parking structure. Above the podium, the building features a Type V wood -framed multi -family apartment building with a combination of masonry and fiber -cement panel veneer exterior. The development will include 46 apartment units in a mix of one-, two-, and three - bedroom layouts. Each floor encompasses ±15,896 square feet, with a total gross floor area of 90,591 square feet. Key building features include elevators serving all levels, private balconies, and residential amenities. Additionally, there will be 116 outdoor at -grade parking spaces and 32 indoor below -grade parking spaces to accommodate both tenants and visitors. The proposed building will be positioned within the site to optimize circulation and accessibility. Vehicular access will be provided via a driveway off Lasalle Street, strategically designed to avoid congestion along Route 83/South Elmhurst Road. Parking and drive aisles will wrap around all four sides of the building, ensuring comprehensive site access. Designated handicap parking spaces will be placed near primary building entrances for convenience, while visitor parking will be located adjacent to the front entry for ease of access and wayfinding. The applicant is requesting a major amendment to an existing planned unit development and a conditional use for dwelling units located above the ground floor. The proposed site landscaping will feature trees and plantings to enhance security and curb appeal. Additionally, fences are planned along the west and south property lines to prevent pedestrian access from neighboring businesses, mitigate noise impacts, and shield surrounding areas from vehicle headlights. 555 West CarlboyIRoad I Mouin't Prospect, IIllinois 6005 Page 189 of 273 'R&A Mairiageirneiri� t ................ ................ C July 29, 2025 REVISED January 21, 2026 Ann Choi Community Development Department Village of Mount Prospect 50 S. Emerson Street, Mount Prospect, IL 60056 RE: 301 LASALLE STREET — Major PUD Amendment — Construction Schedule Subject to the approval of the petition to amend the Planned Unit Development (PUD), we intend to initiate construction immediately upon the issuance of the building permit. The development will proceed in a single, continuous phase, with projected completion occurring within 12 to 15 months from the permit's issuance. Milestone Submit PUD Amendment Documents PUD Amendment Document Review #1 Resubmit PUD Amendment Documents PUD Amendment Document Review #2 Resubmit PUD Amendment Documents Village Publishing Deadline Planning & Zoning Meeting Village Board Meeting #1 Village Board Meeting #2 Submit for Permit Permit Review Permit Issuance Construction Complete Date July 24, 2025 September 25, 2025 December 11, 2025 January 08, 2026 January 21, 2026 February 11, 2026 February 26, 2026 March 17, 2026 April 07, 2026 May 19, 2026 ±3 months August 2026 August — November 2027 555 West Carboy IRoad I Mouin't Prospect, IIllinois 6005 Page 190 of 273 'R&A Mairiageirneiri� t ................ ................ C February 17, 2026 Ann Choi Community Development Department Village of Mount Prospect 50 S. Emerson Street, Mount Prospect, IL 60056 RE: 301 LASALLE STREET — Major PUD Amendment Standards for Planned Unit Developments A. General Standards: 1. Except as modified by and approved in the final planned unit development plan, the proposed development complies with the regulations of the district or districts in which it is to be located. As set forth in the site plan and supporting documents, the proposed development complies with the regulations of the B3 District in which the subject property is located except as modified in Applicant's submittals. 2. The principal use in the proposed planned unit development is consistent with the recommendations of the Comprehensive Plan of the Village for the area containing the subject site. Although the Comprehensive Plan, which was adopted in 2017, did not address residential use on the subject property, the South Mt. Prospect Sub -area Plan, as updated in 2020, in the section entitled "Demographics and Housing', specifically addressed that the goals and objectives of the Plan were to: encourage new housing reflecting the character of the Village; maintain and preserve diversity in the area while supporting an assortment of housing, - market underutilized and vacant sites for development and redevelopment; and support improvements to existing residential areas, including infrastructure, where necessary and possible. The principal use on the proposed Amendment to Planned Unit Development, being residential, is consistent with these goals and objectives. 3. The proposed planned unit development is in the public interest and is consistent with the purposes of this zoning ordinance. The proposed use will add new housing, thereby expanding the assortment of available housing in the south part of the Village, and is therefore in the public interest and consistent with the purposes of the zoning ordinance. 4. The streets have been designed to avoid: a. Inconvenient or unsafe access to the planned unit development; b. Traffic congestion in the streets which adjoin the planned unit development; c. An excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the planned unit development. No new streets are proposed as part of the development. Rather than providing direct access to the development from Route 83, primary access to and from the development is through LaSalle Street in order to minimize inconvenience or unsafe access as well as to minimize traffic congestion on adjoining streets. B. Standards For Planned Unit Developments With Use Exceptions: Not Applicable. 555 West CarlboyIRoad J Mount Prospect, IIllinois 6005 Page 191 of 273 'R&A Mairiageirneiri� t ................ ................ C C. Standards For Planned Unit Developments With Other Exceptions: The Village Board may approve planned unit developments which do not comply with the requirements of the underlying zoning district's regulations governing lot area, lot width, bulk regulations, parking and sign regulations, or which require modification of the subdivision design standards when such approval is necessary to achieve the objectives of the proposed planned unit development, but only when the Board finds such exceptions are consistent with the following standards: 1. Any reduction in the requirements of this chapter is in the public interest. An exception from Ord. 3837 to provide a reduction to the building setback requirement along Elmhurst Road from 112.2' to 100.5' (2'-5" for every 1' of building height above 30'). This reduction allows increased residential density which is in the public interest. 2. The proposed exceptions would not adversely impact the value or use of any other property. The proposed exception to reduce the building setback requirement along Elmhurst Road by less than 12 feet would not adversely affect the value or use of any other property and will not create any impact on neighboring properties or their functional use. 3. Such exceptions are solely for the purpose of promoting better development which will be beneficial to the residents or occupants of the planned unit development as well as those of the surrounding properties. Allowing the proposed exception to reduce the building setback by less than 12 feet along Elmhurst Road will allow this proposed development to replace an empty lot and will promote better development which will be beneficial to the residents or occupants of the planned unit development as well as those of the surrounding properties. 4. In residential planned unit developments the maximum number of dwelling units allowed per acre shall not exceed forty eight (48) units per acre for developments incorporating senior housing or assisted living facilities. The proposed development does not include senior housing or assisted living facilities. 5. All buildings are to be located within the planned unit development in such a way as to dissipate any adverse impact on adjoining buildings and shall not invade the privacy of the occupants of such buildings and shall conform to the following: a. The front, side or rear yard setbacks on the perimeter of the development shall not be less than that required in the abutting zoning district(s) or the zoning district underlying the subject site, whichever is greater. The front, side or rear yard setbacks on the perimeter of the proposed development meet or exceed those required in the B-3 District in which the subject property is located, and those required by the adjacent 1-2 District. b. All transitional yards and transitional landscape yards of the underlying zoning district are complied with. Transitional setback compliance does not apply because neither the side nor rear setback of the subject property is contiguous to any single-family residential property. c. If required transitional yards and transitional landscape yards are not adequate to protect the privacy and enjoyment of property adjacent to the development, the Planning and Zoning Commission shall recommend either or both of the following requirements: (1) All structures located on the perimeter of the planned unit development must be set back by a distance sufficient to protect the privacy and amenity of adjacent existing uses; (2) All structures located along the entire perimeter of the planned unit development must be permanently screened with sightproof screening in a manner which is sufficient to protect the privacy and amenity of adjacent existing uses. Not applicable. 555 West Carboy IRoad J Mount Prospect, 111iinois 60056 Page 192 of 273 'R&A Mairiageirneiri� t ................ ................ C d. The area of open space provided in a planned unit development shall be at least that required in the underlying zoning district. The B-3 District underlying the subject property has no area of open space requirement. Lot coverage complies with the requirements of the underlying B-3 district. Standards for Conditional Use A conditional use is being sought to amend the planned use development and construct dwelling units above the first floor. 1. That the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare: The proposed dwelling units are so designed to meet all of the requirements of the zoning ordinance, as well as the building code, and, as shown by the proposed site plan and supporting documentation, provide for adequate and safe access as well as all appropriate utilities, and as such 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: Other property in the immediate vicinity of the proposed conditional use is developed with retail uses as will most of the ground floor of the building in which the proposed dwelling units will be constructed. As such, the use will be fully compatible with and support such uses and will not diminish nor impair property values within the neighborhood in which the conditional use is proposed 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: The surrounding property has been fully developed such the establishment of the conditional use will not impede normal or orderly development of such property. 4. That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided: As indicated by the engineering plans filed in support of the Application for Conditional Use, public utilities are fully available to the site. The proposed use has access from LaSalle Street. All drainage and other necessary facilities have been 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: Ingress and egress has been provided to and from LaSalle Street so as to avoid direct access to and from Route 83 and thereby minimizing traffic congestion in the public streets. 6. That the proposed conditional use is not contrary to the objectives of the current Comprehensive Plan for the Village: The proposed conditional use is not contrary to the objectives of the current Comprehensive Plan, when reviewed in concert with the South Mt. Prospect Sub -Area Plan 2020 update and the goals and objectives thereof. 7. That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the Planning & Zoning Commission: The conditional use in all other respects conforms to the applicable regulations of the B3 District as demonstrated by the site plan and supporting materials filed by Applicant in support of its Application for Conditional Use. 555 West CarboyIRoad J Mount Prospect, 111iinois 60056 Page 193 of 273 Lot 3 in Lake Center Plaza Resubdivision No. 4, being a resubdivision of lots 8, 9, 10, and 11 Lake Center Plaza, a resubdivision in the Northeast 1/4 of Section 23, Township 41 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded March 20, 2018 as document No. 1807906120 in Cook County, Illinois. Page 194 of 273 L RIM = 656.96 ` p� N.W. & S.E. INV. = 649.76 (±10" PVC) v LEGAL DESCRIPTION: .N LOT 3 IN LAKE CENTER PLAN r 23, TOWNSHIP 41 NORTH, \ COMMONLY KNOWN AS 3( r r 5Vorth \ Sca(e 1 20' � 20' 0 20' 40' � r ABBREVIATION LEGEND ADA _AMERICANS WITH DISABILITY ACT \ B/C -BACK OF CURB � B/CD =BACK OF DEPRESSED CURB \ BSL =BUILDING SETBACK LINE E. � CHB =CHORD BEARING �\ CHL =CHORD LENGTH CMP = CORRUGATED METAL PIPE CPP = CORRUGATED PLASTIC PIPE DIP = DUCTILE IRON PIPE E = EAST E'LY = EASTERLY FFE = FINISHED FLOOR ELEVATION GUT = GUTTER ICV = IRRIGATION CONTROL VALVE (M) = MEASURED DISTANCE MT = MULTI TRUNK N = NORTH N'LY = NORTHERLY PVC = POLYVINYL CHLORIDE PIPE (R) = RECORD DISTANCE RCP = REINFORCED CONCRETE PIPE R.O.W. = RIGHT OF WAY S = SOUTH S'LY = SOUTHERLY T/PIPE = TOP OF PIPE VCP = VITREOUS CLAY PIPE W = WEST W'LY = WESTERLY FOUND CAPPED IRON ROD 0.02' N.E.'LY & 0.03' W SITE BENCHMARK #1 N.E. BOLT ELEVATION = 659.70 (SEE NOTE - 4)� x RIM = 657.25 S.W. INV. = 651.34 (26" RCP) E. 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The proposed amendments are designed to eliminate unnecessary regulatory obstacles, improve administrative efficiency, and better align the Zoning Ordinance with current development patterns, community expectations, and adopted Village policy direction. Discussion Purpose and Background The proposed amendments implement an Action Item identified under Goal 3 of the Village's 2024-2029-2039 Strategic Plan and continue work listed as "In Progress" under the 2025-2030- 2040 Strategic Plan, including the evaluation of zoning regulations to promote single-family residential neighborhoods and to establish policy and address monotony for new detached single- family residential dwellings. Planning staff was directed to conduct a comprehensive review of the Zoning Ordinance and prepare text amendments aimed at providing greater flexibility for property owners in single- family residential districts by eliminating unnecessary regulatory barriers. As part of this initiative, staff also evaluated opportunities to delegate final decision -making authority to the Planning and Zoning Commission and/or the Director of Community Development for certain zoning applications, thereby streamlining the review process and reducing the number of matters requiring Village Board consideration. Summary of Proposed Amendments: • Introduce architectural diversity standards for new, detached single-family residential dwellings; • Add a cross-reference between the Building Code and the Zoning Ordinance for the use stucco and engineered stucco systems; • Increase the maximum size of detached garages from 672 square feet to 720 square Page 216 of 273 feet; • Increase the maximum size of gazebos, pergolas, greenhouses, sheds and other similar accessory structures from 2% of the lot area to 200 square feet; • Permanent attachments to a garage or shed to be considered as extensions of these structures and count towards the maximum size of the garage or shed; • Prohibit the use of accessory structures (garages and sheds) for residential living quarters; • Accessory structures considered as part of principal structures for single-family residential districts only (not applicable to commercial or industrial properties); • Increase the width of driveways serving 1- and 2- car attached or detached garages from 26' to 30' and taper to 26' at property line; • Increase the width of driveways serving 3-car attached garages from 33' within the first 18' of garage's front elevation and taper to 26' within the first 18' of garage's front elevation to 33' and taper to 26' at property line; • Increase the width of driveways serving 3-car detached garages from 33' within the first 18' of garage's front elevation and taper to 26' within the first 30' of garage's front elevation to 33' and taper to 26' at property line; • Increase the width of driveways serving side load garages from 26' to 30' and taper to 26' at property line; • Rename "Minor Variations" to "Administrative Variations" to include Parking Requirements For Uses in Excess of 2,500 SF in the B-5/B-5C Districts; • Introduce "Administrative Conditional Uses" to include Existing Nonconforming Accessory Structures; • Change all fence petitions in single-family residential districts from variations (PZ Final) to conditional uses (PZ Final); • Change all relief requests related to accessory structures in single-family residential districts from variations (PZ or VB Final) to conditional uses (PZ Final); • Introduce a new application process and submission requirements for administrative and administrative conditional use requests; • Introduce the administrative hearing procedure for administrative and administrative conditional use requests; • Modify the Land Use Table 1 to include: 1) relief requests for accessory structures in the R-X, R-1 and R-A single-family residential zoning districts, except for existing nonconforming accessory structures that are eligible for administrative conditional use approval (PZ Final); 2) relief requests for fences in the R-X, R-1 and R-A single-family residential zoning districts (PZ Final); and 3) existing nonconforming accessory structures as administrative conditional uses (CD Director Final); • Add definitions of accessory structure, administrative variation, administrative conditional use and permitted obstruction; • Corrections of scrivener's errors and internal inconsistencies within the zoning ordinance. Table is Final Authority Responsibility Matrix under Current Zoning Code Final Authority Director of Planning Village Community & Zoning Board Development Commission Any Chapter 14 Zoning requirement, except - :525% >25% for fences Fences - All - Page 217 of 273 Sign - All - Minor variations: All - - • Existing nonconforming accessory structures meeting certain requirements • Parking requirements for uses in excess of 2,500 SF in the B-5 and B- 5C districts Jill Setback reductions in all required yards in - :525% >25% single-family residential zoning districts Table 2: Final Authority Responsibility Matrix Under Proposed Amendments Final Authority Director of Planning Village Board Community & Zoning Development Commission Parking Requirements for Uses in Excess of 2,500 square feet in the All - - 13-5/13-5C Districts) Fences in Nonsingle-Family Residential Districts All Signs - All - All Other Chapter 14 Zoning requirements - :525% >25% Existing Nonconforming Accessory Structures2 All - Relief from Accessory Structure Requirements in Single -Family - All - Residential Districts Page 218 of 273 Setback Reductions in Required Yards in Single -Family Residential - :525% >25% Districts Fences in Single -Family Residential Districts - All - 1. No change from what is currently under the purview of the community development director's authority as a minor variation. 2. Applicable structures shall: (i) be replaced with the same type of structure, (ii) do not exceed a total of two (2) accessory structures per lot of record, (iii) extend into no more than forty percent (40%) of the required interior side yard setback, and (iv) extend into no more than ten percent (10%) of the rear yard setback. Standards for Text Amendments Staff finds that the proposed text amendments meet the standards contained in Section 14.203(D) of the Zoning Ordinance and are consistent with adopted Village plans and policies. 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. Public Comment As of this writing, staff has not received public comment pertaining to the proposed text amendments. Alternatives 1. Adopt the text amendments to Chapter 14 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 staffs findings as the findings of the Planning and Zoning Commission and recommend anaroval of the following motion: 1. "To adopt the text amendments to Chapter 14 of the Mount Prospect Village Code." The Village Board's decision is final for this case. Attachments 1. PZ-01-26 Staff Report 2. PZ-01-26 Administrative Content 3. A Chapter 14 Article 2 Sections 14.201-14.203_Redline 4. B_Chapter 14 Article 3 Section 14.304.1 Design Standards_ Redline 5. C_Chapter 14 Article 3 Section 14.306 Accessory Structures_ Redline 6. D_Chapter 14 Article 6 Zoning Districts Land Use Table 1 7. E_Chapter 14 Article 22 Section 14.2204 Residential Driveways_Redline 8. F_Chapter 14 Article 24 Section 14.2401 Definitions —Redline Page 219 of 273 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 Ann Choi Director of Community Development Development Planner DATE: February 19, 2026 CASE NUMBER PZ-01-26 PUBLIC HEARING DATE February 26, 2026 BRIEF SUMMARY OF REQUEST PETITIONER/PROPERTY OWNER Village of Mount Prospect PROPERTY ADDRESS/LOCATION 50 S. Emerson Street The purpose of this memo is to discuss proposed code amendments to Chapter 14 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 RECOMMENDATION PROPOSAL APPROVE APPROVE WITH CONDITIONS DENY The "Evaluation of the Current Zoning Regulations to Promote Single-FamilyResidential Neighborhoods" is listed as an Action Item under Goal 3 of the Village of Mount Prospect's 2024-2029- 2039 Strategic Plan. The "Common Residential Zoning Conflicts (Accessory Structures, Driveways, Relief Process) Text Amendments", the completion of "Current Zoning Regulations to Promote Single - Family Residential Neighborhoods" and "Monotony for New Detached Single -Family Residential Policy" are all listed as Action Items in Progress under the Village's 2025-2030-2040 Strategic Plan. Planning staff was directed to conduct a comprehensive review of the Zoning Ordinance and prepare text amendments aimed at providing greater flexibility for property owners in single-family residential districts by eliminating unnecessary regulatory barriers. As part of this initiative, staff also evaluated opportunities to delegate final decision -making authority to the Planning and Zoning Commission and/or the Director of Community Development for certain zoning applications, thereby streamlining the review process and reducing the number of matters requiring Village Board consideration. The proposed text amendments include revisions to administrative procedures and final decision - making authority for certain zoning requests, expanded eligibility for conditional uses, increases to the permitted size of select accessory structures, modifications to driveway width standards, new architectural diversity standards, and corrections to scrivener's errors and internal inconsistencies within the Zoning Ordinance. A summary and discussion of the proposed text amendments are provided below. Organization of Discussion and Proposed Text Amendments • Architectural Diversity Standards • Changes to Accessory Structure Size Requirements • Accessory Structures Considered Principal Structures For Single -Family Residential Properties HAPLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-01-26 50 S Emerson Street (Text Amend ments).docx Page 220 of 273 • Changes to the Driveway Widths • Current Process for Conditional Uses, Variations and Minor Variations • Changes to Administrative Functions Affecting Single -Family Residential Properties o New Administrative Variations (CD Director Final) o New Administrative Conditional Uses ■ Existing Nonconforming Accessory Structures (CD Director Final) • Standard Conditional Uses Expanded to Include: o Accessory Structures inSingle-Family Residential Districts (PZ Final) o Fences (PZ Final) • Clarify the Difference Between an Accessory Structure and a Permitted Obstruction ARCHITECTURAL DIVERSITY STANDARDS Proposed Changes 14.304.1: DESIGN STANDARDS Planning staff has historically required non -monotony conditions of approval for detached single- family residential subdivision requests to prevent repetitive building patterns, promote visual variety, and avoid a "cookie -cutter" appearance within new residential developments. The proposed architectural diversity standards would formalize this practice by requiring that no two detached single-family residential homes located within two (2) lots of each other on the same street be substantially similar in appearance. For purposes of these standards, homes would be considered "similar in appearance" if they share three (3) or more of the following key design characteristics: roof type or height, front massing or silhouette, window arrangement, garage design, and primary exterior materials. Minor variations, standing alone, such as differences in color, decorative details, mirrored floor plans, or small variations of less than five percent (5%), would not be sufficient to distinguish homes as dissimilar. Prior to the issuance of any building permits within a residential subdivision consisting of detached single-family homes, the proposed standards would require the developer to submit building elevations and a streetscape plan demonstrating compliance with the architectural diversity requirements. The Director of Community Development would review and approve the submitted materials to ensure that architectural diversity is maintained. Rather than continuing to impose non -monotony requirements on a case -by -case basis through conditions of approval, staff is recommending that these standards be codified within the Zoning Ordinance to provide consistent requirements for future subdivision developments consisting of detached single-family homes. The regulations would apply to dwellings constructed within a residential subdivision or to dwellings constructed as new principal residential construction on an individual lot after the effective date of the ordinance. They would not apply to additions to existing homes, exterior remodels, or to existing homes. Section 14.304.1 would also be amended to include a cross-reference to Section 21.229 of the Building Code, which regulates the use of stucco and engineered stucco systems for residential and nonresidential applications. This Building Code provision is intended to limit the use of engineered stucco systems, such as EIFS, in order to reduce long-term maintenance concerns, moisture HAPLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-01-26 50 S Emerson Street (Text Amend ments).docx 2 Page 221 of 273 intrusion, and building durability issues. The Building Code prohibits engineered stucco systems on residential buildings due to documented performance and water -management concerns, while allowing limited use on nonresidential buildings only when strict design, placement, installation, and inspection standards are satisfied. These standards are intended to ensure proper water management, protect vulnerable lower wall areas, and prevent premature or widespread facade deterioration. Staff recommends incorporating this cross-reference into the Zoning Code to ensure that prohibited or limited exterior building materials are identified and addressed early in the zoning and design review process, rather than later during building permit review, to provide greater clarity for developers. CHANGES TO ACCESSORY STRUCTURE SIZE REQUIREMENTS Accessory structures such as detached garages, gazebos, sheds, and pergolas are subject to size restrictions. These bulk requirements ensure that the accessory structures are compatible with the size and scale of the existing buildings in a residential neighborhood. Additionally, the code defines garages and sheds as structures designed for the storage of vehicles, equipment, and household items. Staff frequently requires residents to revise plans for accessory structures because the proposed structures exceed the current code limits for size. For detached garages and sheds, residents often cite the need for more storage space for vehicles and personal items. During and after the pandemic, there was a wave of investment in outdoor entertaining spaces shaded by large gazebos and pergolas. Smaller accessory structures, such as sheds, pergolas, and gazebos, are available to purchase in standard sizes as DIY kits from big box retailers. Staff is proposing code changes that will meet the demand for larger accessory structures while maintaining an appropriate scale for residential districts. Proposed Changes 14.306: ACCESSORY STRUCTURES Table 1 shows the proposed changes for several accessory structures. The proposed size increase for detached garages to 720 SF is consistent with sizes permitted in other nearby municipalities. The proposed size increase for gazebos, pergolas, and sheds to 200 SF is consistent with standard sizes available for prefabricated models. Residents would still need to meet the lot coverage requirements for their zoning district, which will preclude large accessory structures from being built on smaller lots. To further limit oversized accessory structures, gazebos, pergolas, and other similar improvements permanently attached to a garage or shed are considered extensions of the garage or shed and count towards the maximum area for the garage or shed. Garages and sheds will continue to be restricted to storing vehicles, equipment for maintaining the home, and personal property. Table 1: Accessory Structure Size Accessory Structure Current Proposed Change Detached Garage 672 SF 720 SF 48 SF (+7%) Maximum Area Gazebo / Pergola / Shed 2% lot area or 200 SF, 200 SF 200 SF is standard Maximum Area whichever is smaller HAPLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-01-26 50 S Emerson Street (Text Amend ments).docx Page 222 of 273 Exhibit B of the staff report provides a comparison of maximum sizes of detached garages among neighboring communities. The proposed changes are in line with Arlington Heights, Des Plaines, Park Ridge and Prospect Heights. Accessory Structures Considered as Principal Structures for Single -Family Residential Districts In addition to recommending increases to the permitted areas for certain detached accessory structures, staff is proposing a clarification to the zoning code to address a gap related to accessory structures in nonsingle-family zoning districts. Currently, the zoning code treats any accessory structure that is permanently attached to a principal structure as an extension of the principal structure, rather than as a standalone accessory structure. As a result, these attached structures are subject to the bulk requirements of the zoning district for principal structures, unless otherwise specified as a permitted obstruction. This provision was originally intended to apply exclusively to single-family residential properties in the R-X, R-1, and R-A zoning districts, and not to commercial and industrial properties, which have their own set of bulk requirements for accessory structures. The proposed amendment seeks to close this loophole for nonsingle-family properties as the original intent of this requirement was to allow homeowners of single-family residential properties to build Larger pergolas and gazebos. Clarifying language has also been added to ensure that any structure permanently attached to an accessory structure will be considered part of the accessory structure and shall meet the bulk requirements for accessory structures, unless otherwise listed as a permitted obstruction in Section 14.319 Permitted Obstructions. This was added to address the scenarios where people are extending the roofs of the detached garages over patio areas or creating makeshift car ports. Once the structure is attached to the garage, the whole structure is subject to size and height limits of detached garage. If it is a detached accessory structure such as a shed, pergola or gazebo, then it will subject to its own standards in the code. Additional language has been added to restrict the use of accessory structures for residential living quarters. CHANGES TO RESIDENTIAL DRIVEWAY WIDTH Current Practice The driveway requirements are designed to maintain open, green space in front of homes rather than an abundance of hard surfaces for the parking of vehicles. Driveways serving 1- and 2-car garages are allowed a maximum width of 26'. Driveways serving 3-car attached garages may be the same width as the garage, not to exceed a maximum width of 33' within the first 18' of the garage's front elevation, and shall be tapered to a width no greater than 26' within 18' of the garage's front elevation. Driveways serving detached 3-car garages may be the same width as the garage not exceed a maximum width 33' within the first 18' of the garage's front elevation, and shall be tapered to a width no greater than 26' within 30' of the garage's front elevation. All single-family residential districts have a maximum "front Lot coverage" between 35% and 50%. Driveways in front of homes cannot encroach more than 3' beyond the garage towards the front plane of the house. Depending on the type of lot (corner vs. interior), orientation of the home and garage, and other structures built on the property, the driveway may be restricted in size or location. Reasons for Changes Staff frequently requires residents to revise plans for driveways because the proposed driveways do not meet the current code limits for width and location. Residents cite the need for more driveway space to be able to park all their household vehicles on their property, as they are not allowed to park overnight on the public right-of-way. Car ownership has steadily increased over time. US Census data HAPLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-01-26 50 S Emerson Street (Text Amend ments).docx Page 223 of 273 reveals that only 2% of 1960 households owned 3 or more vehicles; in 2010, the share was almost 20%. Staff is proposing code changes that will meet the demand for more parking on residential lots while maintaining an appropriate balance of open, green space in residential areas. Proposed Changes 14.2204(A): RESIDENTIAL DRIVEWAYS, DRIVEWAYS Table 2 summarizes the proposed changes for maximum driveway widths, from 26' to 30' for 1- and 2- car garages, and taper to a width of 26' at the property line. Additionally, staff is proposing to clarify driveway encroachment in front of homes. Driveways in front of homes shall not encroach more than 3' beyond the attached garage, and in the case of detached garages, no more than 3' along the closest plane of the principal structure. Staff is not proposing changes to the front lot coverage requirement, which ranges from 35% to 50% in single-family residential districts. The goal is to maintain minimum amount of green, open space in front of homes, rather than paved or hard surfaces for the parking of vehicles. Exhibit C of the staff report provides a comparison of driveway width requirements among neighboring communities. The proposed changes to the Village of Mount Prospect's driveway widths are most aligned with Palatine's driveway width requirements. Table 2: Driveway Width Driveway Type Current Proposed Change Serving 1- and 2-car 26' 30% taper to 26' at property 4' (+15%) attached or detached line garage Serving 3-car attached 33' within first 18' of 33% taper to 26' at property 4' (+15%) garage garage's front elevation, line taper to 26' within first 18' of garage's front elevation Serving 3-car detached Same width as garage not 331, taper to 26' at property 4' (+15%) garage to exceed width of 33' line within the first 18' of garage's front elevation, taper to 26' within first 30' of garage's front elevation Serving Sideload 26' 30', taper to 26' at property 4' (+15%) Garages line Circular and Dual 26' 26' No change Frontage Driveway Aprons Not to exceed 26' at Not to exceed 26' at No change property line property line CURRENT PROCESS FOR CONDITIONAL USES, VARIATIONS AND MINOR VARIATIONS The planning and zoning commission currently hears and decides as final administrative authority, all petitions for fence and sign variations, variations which do not exceed twenty-five percent (25%) of any requirement of the zoning code, and conditional uses for setback reductions that do not exceed twenty-five percent (25%) of the required setback in all required yards in the R-X, R-1 and R-A zoning districts. For variation and conditional use requests that exceed 25%, final authority rests with the HAPLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-01-26 50 S Emerson Street (Text Amend ments).docx 5 Page 224 of 273 Village Board. The director of community development has the authority to grant a minor variation after holding an administrative hearing. Variations Standards for variations are generally difficult to meet as applicants must prove a zoning hardship related to the physical characteristics of the property. Variations run with the land in perpetuity and permanent zoning relief is typically not granted if the variation standards are not met. Approval for variations also have a time limit. A variation will become null and void if a building permit is not issued and substantial work has not commenced within one year of approval. For example, a variation allowing increased lot coverage for a patio will be voided, meaning the patio could not be installed, if a permit is not issued and installation has not begun within the required timeframe. Conditional Uses A conditional use is applied for certain uses that require more scrutiny and review because of the impacts it may have on the surrounding area -the zoning code states that conditional uses, because of their unique characteristics, cannot be properly classified in any particular zoning district without consideration of the impact of those uses upon adjoining properties and their impact on the neighborhood in general. In contrast to variations whose standards are based on zoning hardships caused by the physical constraints of a property, standards for conditional uses are easier to meet because zoning relief would be supported based on the impact of the use upon its neighbors. Conditional use approval may be revoked if the use is not established or commenced within one year and is not completed within 18 months. Additionally, a conditional use expires if the use ceases for more than 12 months. For instance, a conditional use permit granted for a setback reduction for a detached garage would be revoked, meaning the detached garage could not be constructed, if a building permit is not obtained or construction does not begin within 18 months. If the garage was lawfully constructed but later demolished and is not reconstructed within one year, the conditional use would expire, and the property owner would need to reapply for conditional use approval before seeking a building permit. Minor Variations Section 14.203(C)(11) currently grants the director of community development final administrative authority to hear and decide all petitions for minor variations. The following are currently eligible for minor variation requests: 1. Existing nonconforming accessory structures that meet the following requirements: a. Will be replaced with the same type of structure, b. Do not exceed a total of two (2) accessory structures per lot of record, c. Extend into no more than forty percent (40%) of the required interior side yard setback, d. Extend into no more than ten percent (10%) of the rear yard setback, or e. Where the applicable lot coverage does not exceed the maximum permitted for that zoning district by more than ten percent (10%). 2. Parking requirements for uses in excess of two thousand five hundred (2,500) square feet in floor area located in the B-5 central commercial district and B-5C core central commercial district. Upon receipt of an application for a minor variation, all property owners within one hundred feet (100') of the subject property will be mailed a public notice and a notice sign will be posted on the subject HAPLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-01-26 50 S Emerson Street (Text Amend ments).docx 6 Page 225 of 273 property no more than thirty (30) days nor less than seven (7) days prior to the administrative hearing. After the administrative hearing has taken place and a decision has been made by the director of community development, any individual may file an appeal of the decision with the planning and zoning commission within five (5) calendar days of the director's decision. Standards for minor variations must be met and vary based on the type of minor variation request. These standards are found under Section 14.203(C)(11). Table 3 outlines the final authority for standard variations, minor variations and standard conditional uses. Table 3: Final Authority Responsibility Matrix Under Current Zoning Code Final Authority Existing nonconforming accessory structures meeting certain requirements Parking requirements for uses in excess of 29500 SF in the B-5 and B-5C districts Setback reductions in all required yards in single-family - <_25% >25% residential zoning districts CHANGES TO ADMINISTRATIVE FUNCTIONS New Administrative Variations Staff proposes to rename all instances of "Minor Variations" to "Administrative Variations" to better reflect the entitlement being requested and to remove existing nonconforming accessory structures as an eligible request. Existing nonconforming accessory structures will be changed to a new administrative conditional use and is further discussed below. As proposed, the only request that would be eligible for an administrative variation is to vary parking requirements for uses in excess of two thousand five hundred (2,500) square feet in floor area located in the B-5 central commercial district and B-5C core central commercial district, which the Director of Community Development already serves as the administrative authority over. The standards for an administrative variation would remain the same as the standard for a minor variation. The Director of Community Development would have administrative authority over administrative variations. New Administrative Conditional Uses and Existing Nonconforming Accessory Structures Staff proposes a new administrative process that would authorize the Director of Community Development to assume final administrative authority over certain conditional use requests. Public noticing and administrative hearings for an administrative conditional use would be identical to the current minor variation (proposed administrative variation) process. Any decision made by the Director of Community Development for an administrative conditional use would be appealable to the Planning and Zoning Commission. The new standards for administrative conditional uses are proposed below and would be easier to meet than the administrative variation standards. No administrative conditional use shall be granted by the Village unless the administrative conditional use: HAPLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-01-26 50 S Emerson Street (Text Amend ments).docx 7 Page 226 of 273 • Is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected. • Will not be injurious to the uses and enjoyment of other property in the neighborhood in which it is located. That in all other respects, the administrative conditional use conforms to the applicable regulations of the district in which it is located. Staff proposes to change the relief mechanism for certain existing nonconforming accessory structures, from a minor variation to an administrative conditional use. Under this change, an existing nonconforming accessory structure is eligible for an administrative conditional use if the accessory structure meets the existing criteria under minor variations. An example of when administrative conditional use approval for an existing nonconforming accessory structure might be sought is when a homeowner replaces an existing nonconforming patio that exceeds the maximum permitted lot coverage with a new patio that reduces the existing lot coverage but still exceeds the allowable limit by not more than 10%. Standard Conditional Uses to Include Fences and Accessory Structures Fences In the past seven years, there have been a total of nine fence variation requests. See Table 4 below. Out of these nine requests, the Planning and Zoning Commission denied only one fence variation request (PZ-07-23) and disagreed with staffs recommendation to approve a fence variation on another case (PZ-1 2-18). Since the Planning and Zoning Commission has historically approved most of these requests, staff proposes to change all fence requests in single-family residential districts to conditional uses. This would remove the burden on homeowners to prove a zoning hardship since the conditional use standards are easier to attain. The proposed change would meet the strategic plan goal of enabling property owners in single-family residential districts to improve their properties by eliminating unnecessary obstacles to such improvements. Fence petitions for nonsingle-family residential properties would remain as variations. Final authority for all fence petitions would remain with the Planning and Zoning Commission. Table 4: Fence Variation History in the Last 8 Years .... nrr� ... .... Ad ........ Fec�wes� staff Ie PZ-16-17 101 Horner Ln Fence Height: 11' tall Fence Location: Front Yard Approve 5-0 Approved PZ-12-18 15-19 N. Elmhurst Rd Fence Height: 8' tall Approve 0-6 Denied PZ-09-19 1 S. Busse Rd Fence Location: Exterior Side Yard Approve 5-0 Approved PZ-12-20 2004 W. Lonnquist Bl Fence Location: Front Yard Approve 4-0 Approved PZ-07-21 1650 Dempster St Fence Height: 11' tall with an additional 12" of Y-shaped barbed wire atop and four 16' tall fence posts Approve 5-0 Approved PZ-03-22 1650 Greenbriar Dr Fence Location: Front Yard Approve 5-0 Approved PZ-07-23 902 Willow Ln Fence Location: Exterior Side Yard Deny 4-0 Denied PZ-08-23 900 Emerson Ct Fence Location: Front Yard Approve 4-0 Approved PZ-10-23 201 W. Council Trl Fence Location: Front Yard Approve 4-0 Approved HAPLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-01-26 50 S Emerson Street (Text Amend ments).docx Page 227 of 273 New Accessory Structures Currently, any relief request to increase the size, height and location of accessory structures requires a variation. If the request is 25% or less of the zoning requirement, approval from the Planning and Zoning Commission is required; if it exceeds 25%, it requires approval from the Village Board. Table 5 on the following page shows that in the last 20 years, the Village Board had final authority on only three variation requests out of thirteen requests related to accessory structures in single-family residential districts and that these requests were approved. Staff proposes to change all relief requests related to accessory structures in single-family residential districts to conditional uses for the same reasons stated under fences. The standards for conditional uses are easier to attain and would align with Goal 3 of the strategic plan. This change would not apply to existing nonconforming accessory structures, which were addressed previously and are proposed as administrative conditional uses and approved by the community development director. The Planning and Zoning Commission would have final authority over all conditional use petitions for accessory structures. Table 5: Accessory Structure Variation History in the Last 20+ Years ©rein Adrs a uet size �F staff F� Re, V6 cse;;;l , ................... ........................................ F/ .. or, PZ-11-02 306 N. Owen St Detached Garage Size 770 Deny 6-0 Denied N/A PZ-24-02 915 S. Owen St 768 Deny 4-0 Approved N/A PZ-46-04 1310 Burning Bush Ln 750 Deny 4-3 Denied N/A PZ-28-07 1030 Linneman Rd 840 Deny 4-0 Approved N/A PZ-25-08 1504 Larch Ln Shed Height 12'-0" Deny 6-0 Denied N/A PZ-27-12 903 Ironwood Dr Detached 13'-3" Deny 7-0 Approved N/A Garage (to midpoint Height of roof) PZ-07-13 2008 Hopi Ln Shed In easement Approve 7-0 Rec. 5-0 Location Approval Approved PZ-08-16 214 N. Emerson St Detached 12'-10" to Deny 7-0 Approved N/A Garage midpoint of Height roof PZ-13-20 300 E. Evergreen Av Detached 1047 Deny 2-2 Denied 6-0 Garage Size & Approved Height PZ-05-21 707 See Gwun Av Shed Size & 192 SF & Approve 3-2 Approved N/A Height 12'-3.5" PZ-26-21 122 N. Emerson St Detached 838 SF & Approve 4-0 Approved N/A Garage Size & 18'-3.375" Height PZ-04-23 1306 Pima Ln Detached 792 Deny 5-0 Denied N/A Garage Size PZ-12-24 2004 W. Lonnquist Bl Shed In front yard Approve 4-0 Rec. 5-0 Location Approval Approved Table 6 on the following page outlines the proposed final authority for both variations and conditional uses. HAPLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-01-26 50 S Emerson Street (Text Amend ments).docx 9 Page 228 of 273 Table 6: Final Authority Responsibility Matrix Under Proposed Amendments Final Authority Director of Planning Community &Zoning Village Board Development Commission Parking Requirements for Uses in Excess of All - - 2,500 square feet in the B-5/B-5C Districtsi Fences in Nonsingle-Family Residential All Districts Signs - All - All Other Chapter 14 Zoning requirements - <<<25% >25% Existing Nonconforming Accessory All - - Structures2 Relief from Accessory Structure - All - Requirements in Single -Family Residential Districts Setback Reductions in Required Yards in - <_25% >25% Single -Family Residential Districts Fences in Single -Family Residential - All - Districts 1 No change from what is currently under the purview of the community development director's authority as a minor variation. 2 Applicable structures shall: (i) be replaced with the same type of structure, (ii) do not exceed a total of two (2) accessory structures per lot of record, (iii) extend into no more than forty percent (40%) of the required interior side yard setback, and (iv) extend into no more than ten percent (10%) of the rear yard setback. 14.201: ORGANIZATION (and in all other instances in the Zoning Code Change all instances of "Minor variations" to "Administrative variations" and add "Administrative conditional uses". 14.203: PROCEDURES FOR ADMINISTRATIVE FUNCTIONS Staff proposes to create separate categories for administrative variations and administrative conditional uses under this section and to modify the list of eligible requests provided under the existing minor variations (now administrative variations) subsection to remove "existing nonconforming accessory structures". Relief requests for existing nonconforming accessory structures meeting certain requirements will be eligible as administrative conditional uses rather than as minor variations under this amendment. Additionally, staff proposes a separate application process and submission requirements for administrative variation or administration conditional use requests. New standards for administrative conditional uses are also proposed. The administrative hearing and appeals process for administrative variations and administrative conditional uses will also be outlined in this section. 14.604: LAND USE TABLE 1 The following land uses have been added as conditional uses to Section 14.604 Land Use Table 1 in the appropriate alphabetical locations: 1) relief requests for accessory structures in the R-X, R-1 and R-A single-family residential zoning districts, except for existing nonconforming accessory structures that are eligible for administrative conditional use approval; 2) relief requests for fences in the R-X, R-1 and R-A single-family residential zoning districts; and 3) existing nonconforming accessory structures as HAPLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-01-26 50 S Emerson Street (Text Amend ments).docx 10 Page 229 of 273 administrative conditional uses. The planning and zoning commission will have final authority over items 1) and 2), and the director of community development will have final authority over item 3). 14.2401: PURPOSE Staff proposes to add definitions of ACCESSORY STRUCTURE, ADMINISTRATIVE VARIATION, ADMINISTRATIVE CONDITIONAL USE and PERMITTED OBSTRUCTION in the appropriate alphabetical order. SUMMARY OF PROPOSED CHANGES TO THE ZONING CODE Staff is proposing a comprehensive update to the zoning code. The following attachments contain the redlined code sections: • Attachment A: Chapter 14,Article 2- • Attachment B: Chapter 14, Article 3 - • AttachmentC: Chapter 14, Article 3 - • Attachment D: Chapter 14,Article 6- • Attachment E: Chapter 14, Article 22 • Attachment F: Chapter 14 Article 24. Administration and Enforcement Section 14.304.1 Design Standards Section 14.306 Accessory Structures Section 14.604 Land Use Table 1 -Section 14.2204 Residential Driveways Section 14.2401 Definitions The proposed text amendments are contained in the attached documents. Modifications to each of the chapters are indicated as and iiii" iiii i. 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. 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 staffs 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 of the Mount Prospect Village Code." The Village Board's decision is final. ATTACHMENTS: ADMINISTRATIVE CONTENT PLANS (Zoning Request Application, Responses to (Plat of Survey, Site Plan, etc.) Standards, etc...) I concur: Jason C Shallcross, AICP, CEcD Director of Community Development OTHER (Supplemental Information, Public Comments Received, etc...) HAPLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-01-26 50 S Emerson Street (Text Amend ments).docx 11 Page 230 of 273 Exhibit A Standards and Findings of Fact TEXT AMENDMENT STANDARDS Section 14.203.D.8.b of the Village of Mount Prospect Zoning Ordinance provides that 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 text amendments have general applicability to the single-family residential districts within the Village of Mount Prospect at large and are not intended to benefit a specific property. The proposed text amendments are in line with the Village requirement that the Planning and Zoning Commission and the Village Board review the effectiveness of the Village's Zoning Ordinance on an annual basis. The proposed changes are intended to reflect current Village objectives as outlined in the Comprehensive Plan. The proposed amendments further implement an Action Item identified under Goal 3 of the Village's 2024-2029-2039 Strategic Plan and continue work listed as "In Progress" under the 2025-2030-2040 Strategic Plan, including the evaluation of zoning regulations to promote single-family residential neighborhoods. "Common Residential Zoning Conflicts(Accessory Structures, Driveways, Relief Process) Text Amendments", the completion of "Current Zoning Regulations to Promote Single -Family Residential Neighborhoods" and "Monotony for New Detached Single -Family Residential Policy" are all listed as Action Items in Progress under the Village's 2025-2030- 2040 Strategic Plan. The proposed text amendment are intended to modernize and clarify zoning regulations affecting single-family residential neighborhoods, eliminate unnecessary regulatory obstacles, improve administrative efficiency, and better align the Zoning Ordinance with current development patterns, community expectations, and adopted Village policy direction. Based on the foregoing, staff finds that the proposed amendments satisfy the standards as required in Section 14.203(D) of the Zoning Ordinance and recommends approval of the text amendments. HAPLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-01-26 50 S Emerson Street (Text Amend ments).docx 12 Page 231 of 273 Exhibit B Size of Detached Garages Comparison of Neighboring Municipalities Maximums for Detached Garage Height Area Mount Prospect 15, 672 SF (32'x 21') Arlington Heights 15, 720 SF Elk Grove Village 15' 600 SF, no side may exceed 25' Des Plaines 15' 720 SF Park Ridge 18' >15' requires appeal to appearance commission 720 SF Prospect Heights 15, 720 SF Wheeling Cannot exceed height of principal structure, up to 24' 800 SF Palatine 15' to midpoint of roof HAPLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-01-26 50 S Emerson Street (Text Amend ments).docx 13 Page 232 of 273 Exhibit C Driveway Width Comparison of Neighboring Municipalities Width of Driveway Requirements in Neighboring Communities 1-car garage 2-car garage 3-car garage Setback from Apron Width Property Line Mount Prospect 26' 26' As wide as 0' As wide as garage up to driveway at 331, taper to 26' property line Palatine 301, taper to 25' 30', taper to 25' 35', taper to 25' 2' Arlington Heights 22' 22' 321, taper to 22' >70' lot — setback 3' Prospect Heights 22' at property 22' at property 22' at property 28' line line line Elk Grove Village 20' 30' 30' 26' (single) or 36' (2- or 3-car garage); Min. 2' and max. 3' flare at curb Des Plaines 20' 23' 26' 2' Match driveway Park Ridge Detached — as wide as garage for 20', then taper down to 12' Attached — as wide as garage Wheeling No wider than garage, plus a 4' walkway Recommendation 30' 30' 30' 0 HAPLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-01-26 50 S Emerson Street (Text Amend ments).docx 14 Page 233 of 273 �tit P., 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 - 01 - 26 Date of Submission: 08/01/2024 Hearing Date: 02/26/2026 Project Name/Address: ZONING CODE UPDATES I. Subject Property Address(es): 50 S. EMERSON STREET, MOUNT PROSPECT IL 60056 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 V Zoning Text Amendment: Section(s) Chapter 14 ❑ Other: III. Summary of Proposal (use separate sheet if necessary) See attached memo. IV. Applicant (all correspondence will be sent to the applicant) Name: Jason C. Shallcross Corporation: Village of Mount Prospect Address: 50 S. Emerson Street City, State, ZIP Code: Mount Prospect, IL 60056 Phone: 847-818-5328 Email: comdevn-mountDroSDect.or Interest in Property: Director of Community Development (e.g. owner, buyer, developer, lessee, architect, etc...) 1 Page 234 of 273 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. 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. ...._._ . 8/01 /2024 ,n Applicant. _ Date. (Signature) Jason C. Shallcross (Print or Type Name) If applicant is not property owner: 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: 2 Page 235 of 273 Affidavit of Ownership COUNTY OF COOK STATE OF ILLINOIS i N/A (print name) F-1 the sole owner of the property F-1 an owner of the property F-1 an authorized officer for the owner of the property commonly described as N/A (property address and PIN) and that such property is owned by Subscribed and sworn to before me this day of 20 Notary Public N/A , under oath, state that I am (print name) Signature as of this date. 3 Page 236 of 273 ATTACHMENT A Modifications to each of the chapters are indicated as and add iiiii' iiiii i. ARTICLE II ADMINISTRATION AND ENFORCEMENT 14.201: ORGANIZATION: The administration of this chapter is hereby vested in the following elected and appointed boards and professional staff: Village board of trustees Planning and zoning commission Director of community development The administrative functions of this chapter are as follows: Zoning compliance reviews Issuance of certificates of occupancy Variations Text and map amendments Appeals Conditional uses Public hearings Fees and penalties i iiiii iiii " it ° iiiii variations(Ord. 5173, 3-6-2001a m Ord. 5219, 11-6-2001 hill iiiii ° it ° iiiii iiiii° iiiii 14.202: ADMINISTRATIVE BODIES AND SPECIFIC DUTIES: A. Village Board Of Trustees: The board of trustees shall have the following duties and responsibilities with regard to this chapter: 1 Page 237 of 273 1. Receive recommendations from the planning and zoning commission concerning all text and map amendments,. r iiiiiii� conditional use permits, certain variations and to approve or disapprove any such recommendation from the planning and zoning commission. 2. All decisions and findings by the village board of trustees shall in all instances be the final administrative decision and shall be subject to judicial review as may be provided by Law. In the case where decisions made by the village board are done so by ordinance, the authorizing ordinance shall provide the final administrative decision and shall be subject to judicial review as may be provided by law. 3. The village board shall convene an annual meeting with the planning and zoning commission to review the effectiveness of this zoning ordinance. B. Planning And Zoning Commission: The planning and zoning commission of the village, as described in section 5.500 of this code, has the authority and duties described below: 1. To hear petitions for certain variations, iiir iiiiiii conditional use permits, map and text amendments and prepare recommendations to the village board regarding such petitions. 2. , 3. To hear appeals from any order, requirement, decision, or determination made by the director of community development. C. Director Of Community Development: The position of the director of community development has been established by the village. This is a department head position, reporting to the village manager. The duties and authority of the director of community development, or duly appointed employees of the community development department, shall be as follows: 1. Provide public information on the provisions of the zoning ordinance. Page 238 of 273 t lau v uses.. in ........................................................ ................/ i imimilli�ssilli�oin iiii�s ireauiiii�iired "to Vi'iii�ew ✓ eir i / 0 3. Review and prepare recommendations on all matters going before the planning and zoning commission. 4. Maintain possession of appropriate records and files pertaining to the zoning ordinance, including, but not limited to, zoning maps, amendments, conditional uses, hill iiiii ° iiii ° iiiii iiii" iiiii i variations iiiii iiiii ° ii� ° ii1 iriiiii ° iii i a e a is ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ........................� pp 5. Conduct inspections of buildings, structures, and land to determine appropriate compliance with the regulations of this chapter. 6. Issue notice of violations and citations for violations of the regulations of this chapter. Notices shall require compliance within fifteen (15) days and advise violators of their right to appeal. 7. Issue "stop work" orders for any construction or work that is not in compliance with the regulations of this chapter. 8. Approve certificates of occupancy ir° iiiir iiiii ° iiiii and zoning for any structure or use of land in the village. 9. Conduct administrative hearings and make final determinations on ® hill iiiii ° it ° iiiii variations hilliiiii iiiii ° it ° iiiii° iiiii 10. Review and make final determinations for projects that require administrative site plan review. (Ord. 4590, 9-21-1993; a m d . Ord. 5173, 3-6-2001; Ord. 5219, 11-6-2001; Ord. 54262 4-20-2004; Ord. 5639, 7-17-2007; Ord. 6246, 5-17-2016; Ord. 6583, 9-5-2021) 3 Page 239 of 273 131iirectoir of [a in in I in VARIATIONS Administrative Standard Standard CONDITIONAL USES Administrative Standard Standard ��Reliieffiroiirn accessoir structure All I of "two ino� yeird setback. 14.2O3:PROC E[>URBSFORADM|N|8TRATK/EFUN CT|0 N S: The procedures regarding all administrative functions of this chapter are set forth as 4 Page 240 of 273 A. Review For Zoning Compliance: No permit pertaining to the use of land or buildings, existing or proposed, shall be issued by any officer, employee or department of the village unless the application for such permit has been reviewed and approved by the director of community development or duly appointed employee of the community development department. Such approval shall be by written authorization certifying the proposed use complies with all provisions of this chapter. In certifying this zoning compliance, the village authorizes that the specific land or building can be occupied or used for its intended purpose, provided that any new construction or remodeling conforms to the approved plans and all applicable regulations of the village. Any permit issued in conflict with the provisions of the zoning ordinance, or without proper authorization, shall be null and void. B. Approval Of Occupancy: No building shall be used for any purpose until the director of community development or duly appointed employee of the community development department has provided written authorization for approval of the occupancy in accordance with section 15.703 of this code. C . Variations ind Adimiiiii iiiii ° iiiir ° hill iriiiii ° iiiii : 1. Intent: Variations shall be granted or recommended for approval only where the planning and zoning commission, or in the case of ii.iiiiiiii"ir"ii.iiivariations, a t i o n s, the e .....................................................................i....................................................�................. ................. director of community development, makes findings of fact in accordance with the standards set forth in this chapter, and further finds that the regulations of this chapter will impose practical difficulties or particular hardships on the petitioner in carrying out the strict letter of the regulations of this chapter. 2. Authority: The director of community development may, after an administrative hearing, grant ' .....................i...............................................................i...........................iii.....................iiiii.................."...........i..................."............iiiii...... variation a s provided i n this chapter. The planning and zoning commission may, after a public hearing, grant or recommend for approval a variation in harmony with the general purpose and intent of this chapter. 3. Initiation: An application for i.iiiiii"i"iiivariation a t i o n o r variation a t i o n maybe e .............................................................................................................................i................................................ ............................................... made by any person, firm, other entity, corporation, or by any governmental entity requesting or intending to request application for a building permit. 4. Filing Of Applications: An application for . . ............................................................................................................iiiii....i.................iii...................'............i..................."............iiiii...... variation or variation shall be filed with the director of community development on forms obtained from the community development department. Such form shall include all information necessary for processing the request, including, but not limited to, a statement on specific hardship, the extent of variation requested, legal description of subject property, survey, site plan, appropriate proof of ownership, or proof of authority. The application form may be revised from time to time. The application shall be filed with the appropriate fee in an amount established by the board of trustees. 5. Public Hearing: Public hearings a ri °iii n s i iiiriiiii ° iiiii ii� iiiii iiiii ° it ' iiiii iriiiii ° iiiii shall g g................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. be held in compliance with state statutes and provisions of this chapter as described in subsection G or ° iiiii i °° of this section. Page 241 of 273 6. Action By Planning And Zoning Commission: The planning and zoning commission shall hear and decide as final administrative authority, all petitions for fence variations iiiiii iiiii iiiii it iiiii ° i11 i11 iriiiii and d variations at i o n s which c h d o not exceed twenty five ......................................... y percent (25%) of any requirement of this chapter. The planning and zoning commission shall make recommendations to the village board on all variations which are more than twenty five percent (25%) of any requirement of this chapter. Inallpetitionsforvariations,the planning and zoning commission shall make findings of fact based on the standards iiiii iiiiii ° � of this chapter. In all petitions for . ........ ... .... ........ ........ iiiii i....... administrative variations, the planning and zoning commission shall make findings of fact based on the standards iiii" iiiii of this i s chapter a pte r . i ....... ........ i........ ........ ........ ........ ........ ..... ........ 7. Action By Village Board: The village board shall make a final decision on an application for a variation after receiving the recommendation of the planning and zoning commission. Any variation which fails to receive a favorable recommendation from the planning and zoning commission shall not be granted by the village board unless there is a concurring vote of five (5) if all seven (7) members of the corporate authorities are present and voting, and a concurring vote of four (4) if less than seven (7) members of the corporate authorities are present and voting. In the case of a written protest against any proposed variation, signed by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjacent or across an alley, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, is filed with the village clerk, the proposed variation shall not be passed except by the voting requirements in the preceding paragraph. 8. Appeal Of Planning And Zoning Commission Decision: Any individual may file an appeal of any decision of the planning and zoning commission with the village board. Such appeal shall be filed with the director of community development within five (5) calendar days of the planning and zoning commission decision. 9. Standards For Variations: A variation from the regulations of this chapter shall not be granted or recommended for approval by the planning and zoning commission unless findings of fact based on evidence are made in each specific case that affirm the following standards: a. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a specific hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations was to be applied; b. The conditions upon which an application for a variation are based are unique to the property for which the variation is sought and are not generally applicable to other property within the same zoning classification; Page 242 of 273 c. The purpose of the variation is not based primarily upon a desire to increase financial gain; d. The alleged difficulty or hardship is caused by this chapter and has not been created by any person presently having an interest in the property; e. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is Located; f. The granting of the variation will not alter the essential character of the neighborhood; and g. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 10. Restrictions On Variations: The following restrictions shall apply to all variations: a. No variation shall be authorized that would modify any definition; b. No variation shall be authorized that would vary uses between zoning districts, except use exceptions approved in a planned development; and c. No variation shall be authorized that would result in a density increase from that permitted in a zoning district except in conjunction with a planned development. 11. i m hill iiiii ° iir ° iiiii Variations: a. Action By Director Of Community Development: Page 243 of 273 (21) Parking requirements for uses in excess of two thousand five hundred (2,500) square feet in floor area located in the B-5 central commercial district and B-5C core central commercial district. Page 244 of 273 °° °° IIIII IIIII IIIII IIIII IIIII" IIIII .0 ....... .. Whe"theirtheire IIIII IIIII " I IIIII" " IIIII , " IIIII IIIII ,, IIIII" IIIII III °°° ................................................................................................................................................................................................................................................................................................................................................................................................................................................... feet U)" thousa 0.00 .......................................................................................................... I............................................................................................................. III IIIII" IIIII" " I °°° I IIIII Ir IIIII in theI I IIr " IIIII IIII I° I " I IIII ° I IIIIr I I III°I ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ °°° IIIII IIIII IIIII IIIII IIIII °IIIII °°° IIIII I °°° I I III IIIII I °IIIIII IIIIII °IIIII°IIIII III IIIII IIIIII ............................................................................................................................................................................................................................................................................................................................... .II�� ..IIIIL..L IIIII " IIIII "IIIII III III IIIII IIIIIf chairacteir IIIII' gh .� .. ...LLLII.. " I "Che ire a ire athe ir io iroiDe I" IIIII IIIII" IIIII in the sa ime zoin IIIII III IIIII I IIIII ° . wh IIIII ...................'........................................I.......................................................................".......................................................te Illl�..................................................................................rece........................................................iiiil........................................................................................................................................................'............iiiil..................................".......... I .................... I................................."................................................................................ Che I................................ I .................. Ilill III III IIIII IIIII IIIII I I Ili LLLLL in a ......................................... L L I I L ���� IIIII IIII IIIII I I IIIII I I IIIII I Whe"Cheir a reasoindbiteI I IIIII IIIII II IIIII IIIII'th'Che eximiressed teirims in IIIIL L IIIII IIIII III Page 245 of 273 variations in compliance with the provisions as described in section iiiii sec"In. . Zil cc 10 Page 246 of 273 ,lull d. llllI llll it llll .���� ���� ���� ��� ���� ���� ����o the .......................................................................................................................................................................................................................................................................................................................................................................... .a �p cek.iir hill it hill iiiii ° it ° iiiii it e 1 After ° iim hill iiiii ° it ° iiiii iriiiii ° iiiii iiiii iiiii iiii iiiii iiiiit it iiiii iriiiii iiiii it iiiii r it iim ii' iiiii iiiii ii� iiiii ........................... ............................. i11 iiiii it it it iiiii° iiiii ii� it it it iiiii ..................................................................................................... ..................i... �� it irir iiiii � it o ft v �� �� ........................................................................................................................................................................................................................................................................................... .......................... ....... .................. ................. ----- an ®..������ Appeal Of Director Of Community Development Decision: Any individual may file an appeal of the decision of the director of community development regarding �iiiiii iiiii " iiir " iiiii variation with the planning an zoning commission. Suchappealshall e filed with the director of community development within five (5) calendar days of the director's decision. 12. Additional Restrictions: In the granting of a variation it i liiiiii iiiii ° it ° iiiii iriiiii ° iiiii g g.............................................................................................................................................................................................................................................................................................................................................................................. additional conditions and restrictions may be placed upon the premises, which are necessary to comply with the standards listed above and the objectives of this chapter. 13. Revocation: Where a variation it hill iiiii it iiiii iiiriiiii iiiii inl granted has been .................................................................................................................................................... pursuant to the provisions of this chapter, such approval shall become null and void unless a building permit is issued and work is substantially under way within twelve (12) months of the date of the variation,.. i��iiiii " iiiii 1 r iiiii extended by the plannla n n i n and zoning i n commission iir ° hill iiiii ° it ° iiiii iriiiii ° iii p it is ° i ing g...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................-. the iioe" iii it it of i iiiii' ° . ..................................................................................................................................................................................................................................................................................................................................................................................... 14. Effect Of Denial Of Proposal: No application for a variation which has been denied b the planning n i n and zoning i n commission o r village board r ° it ii hill iiiii iiiir ° iiiii iriiiii ° iiiii in y p g g g............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ........................................................................................................................................................................................................................... iiii iiiii it iir iiiii° l °shall b e resubmitted for a period of one year from the date of the denial, except on grounds of new 11 Page 247 of 273 d. llllI llll it llll .���� ���� ���� ��� ���� ���� ����o the .......................................................................................................................................................................................................................................................................................................................................................................... .a �p cek.iir hill it hill iiiii ° it ° iiiii it e 1 After ° iim hill iiiii ° it ° iiiii iriiiii ° iiiii iiiii iiiii iiii iiiii iiiiit it iiiii iriiiii iiiii it iiiii r it iim ii' iiiii iiiii ii� iiiii ........................... ............................. i11 iiiii it it it iiiii° iiiii ii� it it it iiiii ..................................................................................................... ..................i... �� it irir iiiii � it o ft v �� �� ........................................................................................................................................................................................................................................................................................... .......................... ....... .................. ................. ----- an ®..������ Appeal Of Director Of Community Development Decision: Any individual may file an appeal of the decision of the director of community development regarding �iiiiii iiiii " iiir " iiiii variation with the planning an zoning commission. Suchappealshall e filed with the director of community development within five (5) calendar days of the director's decision. 12. Additional Restrictions: In the granting of a variation it i liiiiii iiiii ° it ° iiiii iriiiii ° iiiii g g.............................................................................................................................................................................................................................................................................................................................................................................. additional conditions and restrictions may be placed upon the premises, which are necessary to comply with the standards listed above and the objectives of this chapter. 13. Revocation: Where a variation it hill iiiii it iiiii iiiriiiii iiiii inl granted has been .................................................................................................................................................... pursuant to the provisions of this chapter, such approval shall become null and void unless a building permit is issued and work is substantially under way within twelve (12) months of the date of the variation,.. i��iiiii " iiiii 1 r iiiii extended by the plannla n n i n and zoning i n commission iir ° hill iiiii ° it ° iiiii iriiiii ° iii p it is ° i ing g...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................-. the iioe" iii it it of i iiiii' ° . ..................................................................................................................................................................................................................................................................................................................................................................................... 14. Effect Of Denial Of Proposal: No application for a variation which has been denied b the planning n i n and zoning i n commission o r village board r ° it ii hill iiiii iiiir ° iiiii iriiiii ° iiiii in y p g g g............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ........................................................................................................................................................................................................................... iiii iiiii it iir iiiii° l °shall b e resubmitted for a period of one year from the date of the denial, except on grounds of new 11 Page 247 of 273 evidence or proof of change of condition found to be valid by the director of community development. F. Conditional Uses aind hill iiiii ° iir ° iiiii iiiii° iiiii • 1. Intent And Applicability: The development and administration of this chapter is based upon the village being divided into zoning districts within which the use of land and buildings and the bulk and location of buildings and structures is substantially uniform. However, it is recognized that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular zoning district without consideration of the impact of those uses upon adjoining properties and their impact on the neighborhood in general. Such conditional uses fall into two (2) categories: a. Uses publicly operated or uses traditionally promoting a public interest or benefit. b. Uses entirely private in character but of a nature that their operation may present a different impact upon adjoining properties or the neighborhood in general. 2. Authority: Except as otherwise provided in s u 1b section . °°°°''1 0 of this 12 Page 248 of 273 13 Page 249 of 273 7. Action By The Village Board: a. The village board shall not act upon a proposed conditional use until it has received a written report and recommendation from the planning and zoning commission provided by the director of community development. b. The village board may approve a conditional use by ordinance, deny, or refer back to the planning and zoning commission for further review. The village board may establish such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use, as is deemed necessary for the protection of adjoining properties and the neighborhood in general and the public interest. c. In all cases where the village board permits a conditional use, the authorizing ordinance shall specifically set forth the terms for operation of the conditional use. d. Any conditional use which fails to receive a favorable recommendation from the planning and zoning commission shall not be granted by the village board unless there is a concurring vote of five (5) if all seven (7) members of the corporate authorities are present and voting, and a concurring vote of four (4) if less than seven (7) members of the corporate authorities are present and voting. 8. Standards iir Coindiiiii° iiiii OC of iiiii iiiii conditional use shall be recommended for approval by the planning and zoning commission unless it finds: 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 we lfa re; 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; 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; d. That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided; e. That adequate measures have been or will betaken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; f. That the proposed conditional use is not contrary to the objectives of the current comprehensive plan for the village; and 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 14 Page 250 of 273 instance, be modified pursuant to the recommendations of the planning and zoning commission. 9. Conditions And Guarantees: it iiiii iiii iiiii hill ' iiiii !°°° .................................................................................................................................iii...............................................................................................iiiii.......................i.................... iiiiii all cases where conditional uses are granted, and conditions regulating the use are established as described in subsection F8 of this section, the village board shall require such evidence and guarantees as it may deem necessary as proof that the conditional use complies with all regulating conditions. 1) iiiii hill iiiii iin° iiiii hill iingiiiii in° iri ° iiiii iinIs . 15 Page 251 of 273 r � r I rca:ved 4 r, (2)1111 'iiii iiii i i iiin iiir it ��r�� *11111 i ............................................................................................................................................................................................................... ............................................................................................ lilt IIIII Ins II'IIIII ° II*s located. 'Ill it iiir . ° hill hill it ° iiiil iiiil° iiiil nal use coin'foiiiiri m . . �p iiiil iiiir ° iiiil *1111 ° i liiil '1111 '1111 i111l" iiiil f� fC -mim mim u =Wiiir� �D eve to j 1111y .............................................................. e ............ Alj��[ f �iii me a�to -irO �.Illll in d *1111 d u a L iimay / caLe, indair ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ................. ....... ............/ / .1.1 Effect Of Denial Of Application: No application for a conditional use which has been denied by the village board shall be resubmitted for a period of one year from the date of denial, except on the grounds of new factual evidence, or a change in conditions which would alter the concept or intent of the request. Such changes may include reductions in density or building height, changes in land use and road standards and alignment, or conditions which would have a positive effect on surrounding property, and serve to address the circumstances of the denial of the original application. Such change or new 16 Page 252 of 273 evidence must be reviewed and acknowledged by the director of community development before a new application can be submitted for a public hearing. ®1 2 Revocation: a. In any case where the construction of an approved conditional use is not substantially under way, or if a use is not established or commenced in the building within one year from the date of granting thereof, and completed within eighteen (18) months, then, without further action by the village board, the conditional use or authorization thereof shall be null and void. b. A conditional use may be revoked if conditional use as established or constructed on the site does not conform to the established conditions for approval. The director of community development will be responsible for advising the village board of any violations and the village board may then authorize the planning and zoning commission to schedule a public hearing to consider revoking the conditional use permit. After conducting the public hearing, the planning and zoning commission shall then prepare a written report and recommendation to submit to the village board. Upon receipt of the planning and zoning commission report, the village board shall then render a final judgment regarding rescinding the conditional use permit and accompanying ordinance. Expiration And Transferability: The conditional use shall expire if the conditional use shall cease for more than twelve (12) months for any reason. However, the ownership of an authorized conditional use may be changed if the use remains unchanged. +3-....,.l 4 Modification Or Intensification: Any modification or intensification of a conditional use which alters the essential character or operation of the use in away not intended at the time the conditional use was granted shall require a new conditional use permit. Such conditional use permit shall be applied for prior to any modification of the use or property. The director of community development shall determine whether the proposed modification or intensification represents an alteration in the essential character of the original conditional use as approved. The operator of the conditional use shall provide the director of community development with all the necessary information related to the conditional use to render this determination. G. Public Hearing Procedures: 1. Upon receipt of an application for a variation, amendment, conditional use or appeal, the director of community development shall review the application for completeness and assign a case number to the request. 2. Not more than thirty (30) days nor less than fifteen (15) days prior to the date an application is to be considered, the director of community development shall cause notice thereof to be published at least once in a newspaper of general circulation within the village. 17 Page 253 of 273 3. Not more than thirty (30) days nor less than fifteen (15) days prior to the hearing, the director of community development shall cause a copy of the public notice to be mailed to all property owners within two hundred fifty feet (250'), exclusive of right of way width, of the parcel subject to the public hearing. The director shall cause the notice to be mailed according to the following: a. For all applications for map amendment, conditional use, variation, or appeal requests concerning a single-family residential property, the community development department shall be responsible for mailing the notice. b. For all applications for map amendment, conditional use, variation, or appeal requests concerning a nonsingle-family residential property, the applicant shall be responsible for mailing the notice. Upon delivery of the notice, the applicant shall attest in writing to the community development department indicating the date the notice was mailed and the list of property owners to whom the notice was mailed. 4. All published and mailed notices shall contain the case number assigned to the application, the common address of the property, or in the event that there is no common address, an appropriate description of the location of the property, a brief statement on the nature of the public hearing, the name and address of the property owner, the petitioners and their legal representative, and the date, time and location of the public hearing. 5. For all applications for map amendment, conditional use, variation, or appeal, the director of community development shall also cause one or more signs to be posted on the property which is the subject of the public hearing. a. The number and location of signs shall be determined by the director of community development. b. The sign must be a minimum of thirty inches by thirty inches (30" x 30") in size, having letters a minimum of two inches (2") high, and contain the following information: (1) The fact that a public hearing will be held to affect the subject property, with direction to interested members of the general public to call the office of the community development director for further information concerning date, time and place and subject matter of said public hearing. 6. Any interested person may appear and be heard at the hearing held concerning any such application for variation, amendment or conditional use, and such appearance may be made in person, by agent (if a corporation), or by attorney. hill iiiii ° iiiir hill iriiiii iiiir it iiiii ° iiii ° iiiii iriiiii ° iiiii iiii ain hill iiiii ° iiii ° iiiii iiiir iiiii i iiiii iir it i m iiiii° it iiiii . iiiii ° iiiii iir iiiii it it 18 Page 254 of 273 I Ir I ° .. .......... a .......... �bIIIII "IIIII Ir °° Ir Ir" r III in a t u IIIII IIIII IIIII " Ilia " IIIII Ir IIIII " IIIII Ilia IIIII IIIII " lire " IIIII °° coin d IIIII" IIIII I °,, Ir III Ir" III "IIIII" IIIII Ini III IIIII Ir °°° IIr III " "IIIIIve�,. aind the date IIIII .time.................................................................................................................................................................................................... - aind " IIIII I IIIIIIIIII IIIII I " Ir " I iiii......... ...... ing 4) "' Ir IIIII " IIIII "for iiil IIIII IIIII Ir IIIII Ir IIIII IIIII r IIIII IIIII Ir IIIII 1. Action By Director Of Community Development: Prior to the issuance ofa building permit, the director of community development shall review and decide as final administrative authority, all applications for administrative site plan review for the following: a. Construction Of New Buildings: Construction of new buildings within the downtown as defined in section 14.304.1 of this chapter. b. Additions To Existing Buildings: Additions to existing buildings within the downtown as defined in section 14.304.1 of this chapter. 19 Page 255 of 273 c. Exceptions: Any construction within the downtown which requires a variation, conditional use, or planned unit development shall be exempt from administrative site plan review. 2. Authority: The director of community development may, after an administrative review, grant or deny any proposed site plan, with or without conditions of approval, or may refer it to the village board for further consideration. 3. Initiation: An application for administrative site plan review maybe made by any person, firm, other entity, corporation, or by any governmental entity requesting or intending to request application for a building permit. Preapplication meetings are available to discuss a proposed application and are encouraged. 4. Filing Of Applications: An application for administrative site plan review shall be filed with the director of community development on forms obtained from the community development department. Such form shall include all information necessary for processing the request, including, but not limited to, a statement of the proposed use, Legal description of subject property, survey, site plan, building elevations, landscape plan, appropriate proof of ownership, or proof of authority. The application form may be revised from time to time. 5. Standards: No site plan shall be administratively approved unless the director of community development finds the application meets the following standards: a. The submitted site plan conforms to all applicable village ordinances. b. The proposed improvements support the goals and objectives stated in adopted village plans, including the comprehensive plan. c. The site plan is reflective of the downtown design guidelines of section 14.304.1 of this chapter. 6. Appeals: The applicant may file an appeal of any administrative site plan review decision of the director of community development. Such appeal shall be filed with the director of community development within ten (10) business days of the decision. a. Authority: The village board shall hear and decide appeals from any administrative order, requirement, decision or determination made by the director of community development or other authorized official concerning administrative site plan review. b. Filing Of Application: An application for an appeal shall be filed with the director of community development, on forms obtained from the community development department, who shall forward such appeal to the village board for their review and decision. c. Public Hearing: A public hearing shall be conducted by the village board on the appeal application. Notice shall be as provided in subsection G of this section, in compliance with state statutes. 20 Page 256 of 273 d. Decisions On Appeals: Any decisions by the village board on a site plan review appeal application shall be in all instances the final administrative determination and shall be subject to judicial review only in accordance with applicable statutes of the state. 7. Schedule Of Construction: A site plan approval shall become null and void in the following circumstances: a. The applicant fails to apply for a building permit within one year from the date of site plan approval. b. Anew application for administrative site plan approval has been received by the community development department for the same subject property. (Ord. 4590, 9-21- 1993; a m d . Ord. 5113, 6-6-2000; Ord. 5173, 3-6-2001; Ord. 5219, 11-6-2001; Ord. 5253, 5- 21-2002; Ord. 5289, 11-19-2002; Ord. 5639, 7-17-2007; Ord. 5751, 8-4-2009; Ord. 6112, 12-17-2013; Ord. 6246, 5-17-2016; Ord. 6583, 9-5-2021) 21 Page 257 of 273 ATTACHMENT B Modifications to the text are indicated as '_ m m m and add iiiii' iiiii . 14.304.1: DESIGN STANDARDS: A. Downtown Design Guidelines: 1. Purpose: The downtown design guidelines contained herein shall serve the built environment within the downtown by promoting the use of high quality materials; supporting a unified pedestrian oriented environment, a mix of land uses, and thriving public spaces; and promoting and enhancing the character of the downtown. The downtown design guidelines shall be in addition to code requirements found elsewhere in this chapter. For the purposes of this section, the "downtown" shall be defined as: a. Properties located in the B-5 and B-5C zoning districts. b. Properties located along Prospect Avenue from Central Avenue to William Street. c. Properties located along East Lincoln Street from Maple Street to William Street. 2. Applicability: The downtown design guidelines shall be applicable to the following projects within the downtown: a. Construction of new buildings. b. Additions to existing buildings. c. Facade improvements to existing buildings. Facade improvements solely consisting of replacement of windows and doors of like size and location are exempt from the guidelines of this section. 3. Building Design: The architectural design and details of the building shall meet the following objectives: a. Linear Massing: Facades fifty feet (50') or greater in length facing a front or exterior side lot line shall vary the depth of the structure, by way of recesses and projection within the building's architecture. These details shall break up the massing of the structure in addition to any windows and building entrances along the facade. b. Access: All buildings with a total width greater than fifty feet (50') shall have a minimum of one entryway at the front of the building, defined as the facade of the building which faces the front or exterior side lot line. Buildings constructed on a corner lot may choose the building's orientation; access may be from either the front or the exterior side. 1 Page 258 of 273 c. Windows And Doors: The first floor of buildings shall have a minimum of twenty five percent (25%) of the facade area facing a front or exterior side be devoted to glass windows and/or doors. Windows and doors should be used as an opportunity to provide architectural interest which breaks up building massing and supports a pedestrian friendly environment. If solid, windowless walls are necessary to the building's function, architectural details shall be included to add visual interest. d. Roof Lines: The roof Line of a building should include architectural details which add to its overall design, such as cornices, dormers, or parapet walls. e. Materials: Durable, high quality building materials which do not require frequent maintenance, such as brick, stone, and glass, shall be used for facades which are visible from the street. Materials located along a single facade shall be harmonious in design and color. f. Vertical Massing Of Multi -Story Buildings: Multi -story buildings shall be visually divided using architectural details such as differing building materials or stepbacks to reduce the sense of mass and highlight the first floor to a pedestrian scale. 4. Site Design: a. Building Setbacks And Parking Lots: Building setbacks shall conform to section 14.905 of this chapter when applicable. Where possible, parking lots shall not be located between the street and the building's front facade. b. Landscaping: Sites shall comply with the landscape provisions found in article XXIII of this chapter. The use of landscape planters, decorative fencing and similar treatments shall be encouraged in all outdoor areas where public gathering is desired, such as patio dining or other outdoor seating areas. c. Pedestrian Access: All buildings shall have clear pedestrian access from a public walkway to the entrance(s) of the building. Sidewalks located on private property, to be utilized by the public, shall be a minimum of seven feet (7') in width. d. Streetscape Improvements: Areas located immediately adjacent to Village right of way shall blend into the Village's existing streetscape improvement program where applicable. e. Bicycle Facilities: Properties which incorporate parking lots shall also provide bicycle racks on site. Bicycle parking shall be provided at a minimum amount of ten percent (10%) of the vehicle parking provided on site. U-shaped racks, similar to those installed by the Village, are the preferred design. B. Additional Design Standards: The following design standards are applicable to the entire Village: 2 Page 259 of 273 1. Visual Expanse: Any structure over two hundred feet (200') in length shall be designed so as to stagger the building facades which face a right of way, parking lot, or adjacent residential property, in order to break up the visual expanse of the structure. 2. Screening Of Mechanical And Utility Equipment: a. When feasible, mechanical equipment should be located within the principal structure in order to minimize exterior visual impacts. b. All rooftop mechanical equipment shall be hidden when viewed from ground level as viewed from the public right of way or property line of any adjacent residentially zoned property. If screening is required, it shall be a continuous, permanent, sound attenuating and noncombustible screen of a color compatible with the principal structure. For new construction, the screen should be designed as an architectural component of the structure in the form of a parapet wall. The addition or modification of rooftop equipment on existing buildings shall be screened to the extent that is feasible, as determined appropriate by the community development director. If structural modifications are required to accommodate screening of mechanical equipment, it shall comply with the building code in effect at the time modifications are made. c. All ground mounted mechanical and utility equipment that is six feet (6) or less in height shall be screened from view utilizing landscaping which will grow to the height of the ground based utility. Ground mounted mechanical and utility equipment taller than six feet (6') in height that is visible from the right of way or adjacent residential property shall be screened from view with an enclosure that is constructed to be consistent with the material of the principal structure, as determined appropriate by the community development director. d. Screening of mechanical equipment shall be required when new equipment is installed. Screening shall not be required when replacing an existing, non -screened rooftop mechanical unit in the same place with a new unit that is either as tall as, or shorter than the existing unit. Normal maintenance of mechanical equipment shall not mandate the screening requirement. (Ord. 6286, 12-6-2016; amd. Ord. 3528, 9-2-2020) lllll " i in�a f �,,t � h� �U VJ. e.. C., t 10 , t t (2 � IIIII IIIII" IIIII IIIII I ............................................................... L IIIII "IIIII Ins °°� °°� °° lid in th IIIII IIIII III of a ............................ inewIIIII IIIII IIIII I ii� IIIII IIIII III `incLuide- ................................................................. i .. . . . e Add ns to .................................................................................................IIIII"..........IIII.........................I.................................................................................................................................°°°........................IIIII................................IIIII....................... 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I.I.I.I�...IIIII.........................II...........I......remodeliiiiing. ..................................................................................................................................................................................................................................................................................................... iIIIII "IIIII I "I "IIIII IIIIII IIIII "IIIIII " ' ........................................................................................................................................................................................................................................................................................................................................................................................................... ...... ............................. IIIII °°° date of IIIII IIr IIIIII IIIII " " I IIIII" " IIIIIin, .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 0 .................... III " IIIII I " IIIII . IIIIIIII IIIII " ,'IIIII II I IIIII I " " IIIII Ili I IIIII I IIIII Il i 4 Page 261 of 273 4. Stucco or ein J III III in r Page 262 of 273 ATTACHMENT C Modifications to the text are indicated as '_ m m m and add iiiii' iiiii . 14.306: ACCESSORY STRUCTURES: A. General Requirements: The following restrictions on accessory buildings, structures and uses apply to all zoning districts.. 1. Time Of Construction: No accessory building or structure shall be constructed on any lot prior to the time of construction of a principal building. 2. Yard Requirements: No accessory building, structure or use shall be located in a required front yard, required side yard or exterior side yard, unless otherwise provided for in this chapter. 3. Height Requirements: a. Residential And Commercial Districts: No detached garage or gazebo shall exceed a maximum height of fifteen feet (15'). No other accessory building/structure shall exceed ten feet (10') in height. b. Industrial, Office Research And Conservation Recreation Districts: No accessory building/structure shall exceed twenty feet (20') in height. 4. Separation Between Buildings: a. A detached accessory building or structure shall be located no closer to the principal building than three feet (3'). Detached garages located between three feet (3') and ten feet (10') from a principal building shall be provided with afive- eighths inch (5/8") drywall finish on the interior walls and ceiling. iii I* L IIIIL it iiii ° iiiii .........................iiii...........................IIIII....I....... iiiii iiiii ii� in IIIIL L iiiii it iiiii ........ . any structure permanently attached to the principal structure is no longer considered an accessory structure pursuant to article XXIV of this chapter and shall meet the bulk requirements of the zoning district for principal structures, unless otherwise listed as a permitted obstruction in section 14.319 of this article. a � a Page 263 of 273 ® .. .. Aboveground swimming pools are permitted to attach to a deck if all required rear and side yard setbacks are met and the deck is designed with a gate between the deck and pool and access is provided to the yard from the deck. ® .. .. Pergola support columns shall be located no closer to the principal building than three feet (3'), 5. Number Of Accessory Structures: The maximum number of accessory structures shall not exceed two (2) such structures per zoning lot. Swimming pools and structures Listed as permitted obstructions in section 14.319 of this article are exempt from the total number of accessory structures. 6. Shed_ ............ illr a ge Restrictions: .........................................................................................A shed shall not be utilized to store motor vehicles or as office, work or living space. The storage of household items, equipment to maintain the property and small recreational equipment is permitted. ....t � iiiiiiiiiiii ......................................................................................................................................................................................................................r t ................. spac it it iiiii iiiii ° iiiii hill ii� ° iiiii iiiir i�r° ............................................................................... ........... ...................... .......... . . . . aind i ii� iiii ° iiii i iiiii iiiii iri hill" O 7. Roof Pitch: No accessory structure shall have a roof pitch of less than three to twelve (3:12). Pergolas, arbors, and accessory structures in the 1-1 Limited Industrial and C-R Conservation Recreation zoning districts shall be exempt from this requirement. ....................................................................................................................................................................................................................................................................... n "tit iiiir it it iiiii iiiii iiiii iiiii in mair"it B. Restrictions In Residential Districts: 1. Maximum Size: set back three feet (3') from any interior side or rear lot line. b. On lots greater in width than fifty five feet (55'), detached accessory structures shall be set back five feet (5') from any interior side or rear lot line. 2 Page 264 of 273 c. No accessory structure shall be placed on any right of way or village utility or easement without prior consent from the director of community development. d. All solid roofed accessory structures, including gazebos, shall be included in any Floor Area Ratio calculation. 3. Lot Coverage: Accessory structures shall be included in any maximum lot coverage calculation. Swimming pools are exempt from the maximum lot coverage calculation. C. Restrictions In Business And Industrial Districts: 1. Maximum Area: Detached accessory buildings) or structures) shall occupy no more than thirty percent (30%) of the area of a required yard. 2. Yard Requirements: Accessory structures shall beset back six feet (6') from any side or rear lot line. No accessory structure shall be placed on any right of way or village utility or easement without prior consent from the director of community development. D. Regulations For Specific Accessory Structures And Uses: 1. Garbage Dumpsters And Recycling Containers: a. Required: All multi -family buildings utilizing centralized solid waste services shall provide a garbage dumpster and recycling container area which meets the minimum standards which have been established by the solid waste coordinator. b. Location: Outdoor designated garbage dumpsters and recycling containers shall maintain the same setbacks as parking lots. Dumpsters and containers that are located within covered parking areas shall be designed so that they do not conflict with required parking spaces or access drives. c. Screening: (1) Nonresidential Districts: Such dumpsters and containers shall be screened on all sides by a solid wood fence or equivalent screening material to a height not less than six feet (6'). (2) Residential Districts: Multiple -family residential developments shall provide screening on no less than three (3) sides by a solid wood fence or equivalent screening material to a height not less than six feet (6'). 2. Accessory Commercial Uses Within Multi -Family Residences: Accessory commercial uses including restaurants, drugstores, retail food shops, valet services, beauty and barber shops, and physical fitness or health facilities shall be permitted within multi -family buildings provided that the accessory uses must be accessible to the public only through the lobby of the building; and no advertising or display related to the accessory use shall be visible from outside the building. Cl Page 265 of 273 3. Accessory Uses Within Office Buildings: Accessory uses located within office buildings including cafeterias, restaurants, gift shops, flower shops, snack bars, drugstores, barbershops, beauty parlors, banks, daycare centers, and office supply stores (excluding sales of office machinery and furniture) shall be permitted provided that said accessory uses are conducted for the convenience of the employees, patients, patrons, or visitors. Said accessory uses shall be designed and located totally within the confines of the principal building and the primary access to any accessory retail use shall be from within the principal building. 4. Off Street Parking Facilities: Parking lots and drive aisles shall not be subject to the restrictions of this subsection, but shall be subject to the requirements within articles XXII and XXIII of this chapter. 5. Signs: Signs shall not be subject to the restrictions of this subsection but shall be subject to the requirements of chapter 7 of this code. 6. Swimming Pools: The regulations of this subsection shall not apply to any pool having at every point a depth less than twenty five inches (25"). No out of doors swimming pool for the use of members and their guests of nonprofit club or organization, or limited to house residents of a multiple -dwelling unit, a block, a subdivision, neighborhood, or other community shall be permitted in an R-1, R-A or R-X district. a. Location: Swimming pools shall not be permitted in any required front, side or exterior side yards. Pools are permitted to encroach into the rear yard provided a minimum of fifteen feet (15') is maintained from the rear property line to the edge of the structure. b. Construction: All swimming pools shall be constructed according to the requirements of this code. 7. Donation Boxes: The following restrictions shall apply to all donation boxes located within the Village: a. Location Requirements: (1) Donation boxes are permitted as an accessory use to an institutional or nonprofit use only. (2) Donation boxes shall not be located in a required parking space. (3) Donation boxes shall not be located in a required front yard, required side yard or exterior side yard and shall be located to minimize visual impact when viewed from a street. b. Number Allowed: No more than one donation box shall be located on any lot. c. Size: A donation box shall not exceed six and one-half feet (6.5') in height. The box footprint shall be no greater than twenty five (25) square feet. 4 Page 266 of 273 d. Maintenance Requirements: Donation boxes shall be maintained in good condition with no structural damage, holes, rust or graffiti. All boxes shall be emptied and serviced regularly to prevent overflow of collections and be kept free of debris. e. Signage: The name, address and phone number of the donation box operator shall be posted on the box. Information shall be provided on the box as to whether the operator is a for profit or not for profit organization. Total signage on the donation box shall not exceed five (5) square feet or as approved by the director of community development. f. Placement: All donation box placement shall be in accordance with all additional state or county law. (Ord. 6286, 12-6-2016; a m d . Ord. 3528, 9-2-2020; Ord. 6583, 9-5- 2021; Ord. 6590, 11-16-2021) 0 Page 267 of 273 ATTACHMENT D Modifications to the text are indicated as oy® s and add iiiii° iiiii . Add the following land uses to Section 14.604 Land Use Table 1 in the appropriate alphabetical Locations. 14.604: LAND USE TABLES: LAND USE TABLE 1 RESIDENTIAL AND RECREATIONAL ZONING DISTRICTS Land Use C- R- R- R- R- R- R- R X 1 A 2 3 4 . . . ������� iiiii " hill iri iiiii i�r„ ° iir ° it . � iiiiicaWe s it ire, i111i iiiii ���� it iiiii"tthe i e "t af .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ...................... i.................................................. i .............. . iii1 iiiii D .............................................................................................................................................................................................................................................................................................................................................................................................................................................. it i i ........... it iiiir i�.. of theit iiiii it hill ir1111 it iiiii ii�r ................................................................................................ ............ .......... - iiii � iiiii i ° it ° i e,, in it �inrt.. . a .e ........... i.r ealr yalr ............ .. ....... i . it iiiii it i "I ii exceed the iimaxiiiii riihiin �t .i" ir.hiiiit i eit .'i0%)iiiii fir it ° it it it iiiii it ������ i ����� �� , iir ....................... ........................ ........................ i ° ili'l ill'i " iiiii iiiii " iiir ii�r iiiii iiiir Notes: 1. Permitted in limited circumstances. A conditional use shall be required if the following circumstances apply: a. A residential dwelling unit is being converted to the proposed use so as to be the principal use of the structure; or Page 268 of 273 b. A new building or structure is to be constructed on property less than 40,000 square feet not currently in use for the proposed use. 2. Residential setback reductions below 5 feet may trigger additional building code requirements including, but not limited to, fire -rated walls, limitation on projections, and opening in walls. Any zoning relief granted through the conditional use shall adhere to Chapter 21 Building Code of the Municipal Code. 3. . . . .. . . .........................................................................i......................................iiiil.°...........iiiil......................i........................................................................................................................... it iiiii it iiiii it IIIIL L LLLLL " iiiir ' LLLLL . Page 269 of 273 ATTACHMENT E Modifications to the text are indicated as '_ m m m and add iiiii' iiiii . 14.2204: RESIDENTIAL DRIVEWAYS: A. Driveways: All single-family and attached single-family driveways shall conform to the following requirements: 1. Requirements: A minimum of two (2) parking spaces shall meet the required setbacks of the specific zoning district. Driveways shall lead to an off street parking space(s) or parking pad and shall cross the required front or exterior side yard in a manner essentially perpendicular to the street pavement. Circular or dual frontage driveways, or driveways serving side load garages are exempt from this requirement. 2. Minimum Driveway Width: Minimum driveway width shall be eight feet (8'), 3. Parking Strips: Parallel paving strips shall be permitted as alternatives to paved driveway surfaces. Driveway width measurements shall be made from the pavement's outside edge and shall include the width between strips of pavement. 4. Driveway Width: Driveway width shall be calculated by including all abutting parallel sidewalks and patios for driveways located within a required front or required exterior side ya rd . 5. Unobstructed From Encroachments: All driveways shall be unobstructed from any encroachment such as chimneys, fireplaces, and bay windows. 6. Attached Garages: Driveways serving attached garages shall not exceed . in width unless otherwise regulated elsewhere in this cha ter. ....................................... . e e t g pi.................................... it ° iiiii it iiiir � ii ° iiiii itP it , hill ......... ...... .............. ............. .............. .............. ............... b. Driveways serving three (3) car attached garages maybe the same width as the garage, not to exceed a maximum width of thirty three feet (33') and shall fre-taperer}to a width no greater than Page 270 of 273 twenty six feet (26') "ir ......- iiiii in e. 7. Detached Garages: Driveways serving detached garages shall not exceed ....................................r. feet (2&30.' ..........................) in width unless otherwise regulated elsewhere in this chapter .." it ° iiiii it it iiiii .® iirr ir° iiiii a. Driveways In Front Of Houses: po. ............ ..............it ion of iriiiii hill ° it iiiir � it. beyond i ..........i r it n" b. Driveways Serving "".T 1h it ........... iir. Detached Garages: Driveways serving t 1h it e e° iir. detached garages may be the same width as the garage not exceed a maximum width of thirty three feet (33') ' , and shall tapered to a width no greater than twenty-six feet (26') ' 0 iiii iiiiii Maximum measurement shall be taken from garage's edge farthest from the side lot line, running parallel to the garage facade. 8. Vehicle Turnaround Pads: Driveways fronting onto a major arterial street, as defined in the Village's comprehensive plan, may provide a vehicle turnaround pad no larger than twelve feet (12') in depth as measured parallel to the front lot line, and ten feet (10') in width as measured perpendicular to the front lot line. The vehicle turnaround pad shall be Located entirely on the property, perpendicular to the driveway, and at least fifteen feet (15') from the principal structure. The turnaround pad may be in addition to the overall permitted driveway width. 9. Driveways Serving Side Load Garages: Driveways serving side load garages shall not exceed - iiiii ii� ° feet(2-&.3.0..'.)i n wi d t h it ° '111 i it i� ...... .................................................................................................................................................... .. i iiiii ° ��������,. it ii7 iiiii i . Measurements for driveway width shall be taken parallel to the front lot line, no closer to the right of way than two feet (2') from the required front yard setback line. 10. Circular And Dual Frontage Driveways: Circular or dual frontage driveways for lots with a lot width of seventy five feet (75') or greater shall meet these minimum requirements: a. Minimum Turning Radius: The circular drive portion of the driveway shall have a minimum turning radius of fifteen feet (15'); b. Width: The circular drive portion of the driveway shall have a minimum width of twelve feet (12') and a maximum allowable driveway width of twenty six feet (26'), as measured both at the lot line and at the entrance to the garage. B. Parking Pads: 1. Parking pads are subject to the following requirements: 2 Page 271 of 273 a. Parking pads shall be accessible via a driveway serving an attached garage and may encroach into required yards. b. Parking pads shall be a minimum of eight feet (8') in width and shall not exceed two hundred (200) square feet in area. All adjacent flatwork (sidewalks, patios) shall be calculated into the parking pad's total area. c. Parking pads shall be included in any maximum driveway width calculation, measured at the point where the parking pad meets the driveway. C. Driveways Serving Multi -Family Residential Lots: Driveways serving multi -family residential lots shall be considered drive aisles and shall meet the parking lot design standards of this Code. (Ord. 6286, 12-6-2016; amd. Ord. 6528, 9-2-2020) Cl Page 272 of 273 ATTACHMENT Modifications to the text are indicated as and add iiiii° iiiii . Add the definitions of "Administrative Conditional Use", "Administrative Variation" and "Permitted Obstruction" to Section 14.2401 in the appropriate alphabetical locations. Modify the definition of "Accessory Structure" to be more specific. 14.2401: PURPOSE hill iiniiiii ° r ° iiiii iiiii iiii° it iiiii�il'wiii'° iii........................................................................................................................................................ iiiii iiiii i , iiir � �, i ii it iiiir iiiii r it iiiii it ii� iiiii it iiiii iiii' it iiiii it it iiiir hill ii� ° iiiii i iiiii ° r . iiiiii , as further defined by this ode. 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