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HomeMy WebLinkAbout02/26/2026 P&Z Minutes (PZ-12-25) / 1522 N Elmhurst Rd / CU: TobaccoMINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-12-25 Hearing Date: February 26, 2026 Continued from January22, 2026 PROPERTY ADDRESS: 1522 North Elmhurst Road PETITIONER: Mazmus LLC - Rabia Maaz 1139 N Harvard Cir South Elgin IL 60177 PUBLICATION DATE: January 7, 2026 REQUEST: Conditional use approval to operate a tobacco establishment at 1703 West Algonquin Road, and other relief from the Village of Mount Prospect Village Code as may be required for this project. MEMBERS PRESENT: Joseph Donnelly Wa lte r Szym cza k William Beattie Fay Costa Richard Rogers MEMBERS ABSENT: Donald Olsen Ewa Weir Michael Fricano STAFF MEMBERS PRESENT: Jason Shallcross — Director of Community & Economic Development Antonia Lalagos — Development Planner INTERESTED PARTIES: None Chairman Donnelly called the meeting to order at 7:02 PM. Commissioner Beattie made a motion seconded by Commissioner Szymczak to approve the minutes from the Planning and Zoning Commission meeting on January 8, 2026. The minutes were approved 4-0, with one Commissioner abstaining. Chairman Donnelly introduced case number PZ-12-259 1522 North Elmhurst Road, a request for a conditional use to operate a tobacco retail establishment at the subject property. The Village Board's decision is final for this case. Ms. Lalagos introduced the subject property: a single -story multi -tenant commercial building with a mixture of restaurant, retail, medical, and personal service establishments. She stated that the tenant space was formerly occupied by FMMF LLC dba Smoke N Vape Guys from 2021 to 2024. Ms. Lalagos shared that the business license under the former owners was revoked in August 2024 due Planning & Zoning Commission Meeting — February 26, 2026 PZ-12-25 to tobacco sales to minors. She noted that prior to the tobacco shop, the space was occupied by Focus Bookstore & Herbs from 2016 to 2020. Ms. Lalagos reported that 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. 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. Ms. Lalagos stated that 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. She explained that the parking lot is striped with 64 parking stalls, including 3 accessible parking stalls, and that the minimum parking requirements for the existing and proposed uses are met. Ms. Lalagos concluded that staff finds that the proposed conditional use meets the applicable standards contained in the Mount Prospect Zoning Ordinance. She 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 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. 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 maybe revoked by the Village if substantiated complaints are received regarding non-compliance with these conditions or violations of law." Planning & Zoning Commission Meeting — February 26, 2026 PZ-12-25 The Village Board's decision is final for this case. Chairman Donnelly swore in the petitioner, Rabia Maaz of Mazmus LLC, 1522 North Elmhurst Road, Mount Prospect. Ms. Maaz explained that she is realtorand this will be her first retail business. Commissioner Beattie asked if she had any experience running a store. Ms. Maaz stated that smoke shops are a family business and her husband already owns a couple of shops, which is why she is interested in the business. Commissioner Beattie noted the public comment regarding the previous tobacco shop generating Litter. Ms. Maaz said she will keep an eye on the property maintenance. Commissioner Costa asked staff if there could be a condition about requiring a garbage can or that the conditional use can be revoked if there is excessive litter. Mr. Shallcross noted that commercial strip centers are required to have dumpsters. He suggested that this is a logistical item that could be worked out with the petitioner and landlord outside of the zoning process. Mr. Shallcross pointed out that the new user may not have the same issues as the previous user. He stated that the Commission could add a condition if they feel strongly about it. Mr. Shallcross added that property maintenance issues are typically addressed through the adjudication process. He noted that if multiple tenants are having the same issues, he would expect the property owner to address it rather than the individual tenant. Hearing no further comments or questions, Chairman Donnelly closed the hearing and asked for a motion to approve the conditions as noted in the staff report. Commissioner Beattie made a motion seconded by Commissioner Szymczak. UPON ROLL CALL AYES: Szymczak, Beattie, Rogers, Costa, Donnelly NAYS: None The Planning and Zoning Commission gave a positive recommendation (5-0) to the Village Board for the March 17, 2026 meeting. After hearing three more items of new business, Chairman Donnelly asked if there were any citizens to be heard. Hearing no further discussion, Chairman Donnelly made a motion seconded by Commissioner Beattie and the meeting was adjourned at 8:43 PM. b, adry mow., ^ M 9 Antonia Lalagos, Development Planner Planning & Zoning Commission Meeting — February 26, 2026 PZ-12-25