HomeMy WebLinkAbout8.1 Motion to waive the rule requiring two readings of an ordinance and adopt AN ORDINANCE AMENDING CHAPTER 14 “ZONING” OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS (PZ-22-26)MORA
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Item Cover Page
Subject Motion to waive the rule requiring two readings of an
ordinance and adopt AN ORDINANCE AMENDING CHAPTER 14
""ZONING" OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT
PROSPECT, ILLINOIS (PZ-22-26)
Meeting September 15, 2026 - REGULAR MEETING OF THE MOUNT
PROSPECT VILLAGE BOARD
Fiscal Impact (Y/N)
Dollar Amount
Budget Source
Category NEW BUSINESS
Type Action Item
Information
Staff is recommending text amendments to the zoning ordinance of the Village Code to allow
""Distribution center, cartage, courier, parcel distribution, and last -mile delivery facility" as a
conditional use in the I-1 Limited Industrial District. The Village has received complaints
related to recently approved distribution centers located in close proximity to residential
neighborhoods. The most frequent complaints include increased truck traffic, concerns
regarding the safety of pedestrians and vehicles on existing roadways, and nuisances related
to odor, noise, and vehicle emissions associated with this use. The Community Development
Department reviewed the Vi I lage's Zoning Code and is recommending the following text
amendments to address these concerns.
Discussion
Article VI, Section 14.604: Land Use Table 2
The commercial and industrial zoning districts land use table currently allows distribution
centers as a permitted use in the I-1 Limited Industrial District. Staff recommends removing
distribution centers as a permitted use in the I-1 Limited Industrial District and instead
creating a new land use category ""Distribution center, cartage, courier, parcel distribution, and
last -mile delivery facility" as a conditional use in the I-1 Limited Industrial District.
The conditional use process would require notification of surrounding property owners and a
public hearing before the Planning and Zoning Commission. As part of its review, the Planning
and Zoning Commission would evaluate the proposed use and may recommend conditions of
approval to address potential impacts before forwarding its recommendation to the Village
Board for final consideration. In general, the conditional use process provides a transparent,
public review of uses that, due to their operational characteristics or potential impacts,
warrant case -by -case evaluation to ensure compatibility with surrounding uses and
development patterns. Village Board approval of the conditional use would be required prior to
the issuance of a business license or Certificate of Occupancy authorizing the use to operate.
This process would provide for public and case -by -case review of distribution -related uses
whose operational characteristics, including truck and delivery vehicle traffic, loading and
staging, hours of operation, and proximity to surrounding uses, may vary significantly from
one facility or location to another.
In determining whether a proposed operation falls within the new land use classification or
constitutes another permitted use, staff would consider the overall character of the operation,
including the volume and frequency of shipments, duration of storage, extent of sorting or
transfer activities, vehicle activity and staging, and relationship of these activities to other
uses on the premises.
Article XXIV Definitions, Section 14.2401: Purpose
The proposed modification to Section 14.2401 includes the addition of the following definition
of DISTRIBUTION CENTER, CARTAGE, COURIER, PARCEL DISTRIBUTION, AND LAST -
MILE DELIVERY FACILITY: A facility where the receipt, transfer, sorting, routing, staging,
consolidation, deconsolidation, redistribution, or dispatch of packages, parcels, goods,
merchandise, or other materials for subsequent distribution or delivery constitutes a principal
function of the premises. Such use includes facilities where goods are received by truck or
other commercial vehicle and subsequently transferred, whether directly or following
temporary storage, to other vehicles for further distribution or delivery.
Associated activities may include temporary storage or staging of goods; cross -docking;
sorting; fleet parking; vehicle or trailer staging; fleet management; and dispatch operations. A
facility meeting this definition shall be classified as such notwithstanding that it may also meet
the definition of a warehouse or other permitted use.
The receipt, storage, distribution, or delivery of goods that is subordinate to and conducted in
direct support of another principal use, such as manufacturing or retail, shall be considered
accessory and shall not independently constitute a distribution center.
Staff also recommends modifying the definition of warehouse so that it is complementary to
the distribution center definition:
WAREHOUSE, STORAGE: A building or portion thereof principally used for the storage of
goods, merchandise, materials, or commodities, where such storage, rather than the sorting,
transfer, redistribution, dispatch, or delivery of such goods, constitutes the principal function
of the facility.
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.
STAFF RECOMMENDATION
The proposed text amendments are intended to further the objectives of the Zoning Ordinance
by establishing appropriate land use controls for a distribution center, cartage, courier, parcel
distribution, and last -mile delivery facility based on their operational characteristics and
potential impacts on surrounding properties, roadways, and other land uses. The proposed
text amendments are applicable to the Village at large and not intended to benefit a specific
property. The proposed amendments would result in existing distribution centers, cartage,
courier, parcel distribution, and last -mile delivery facilities that were lawfully established as
permitted uses becoming legal nonconforming uses. The amendments would make the Zoning
Ordinance more restrictive by requiring future distribution centers, cartage, courier, parcel
distribution, and last -mile delivery facilities to obtain conditional use approval, thereby
allowing the Village to evaluate each proposed facility on a case -by -case basis and impose
appropriate conditions to mitigate potential impacts. 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.
PUBLIC COMMENT
As of this writing, staff has received two letters of support regarding the proposed text
amendments. One of the letters characterized these types of facilities as public nuisances and
expressed concern that the Village Board should not have final decision -making authority
when a significant number of homeowners or residents oppose such facilities within or near
residential areas.
PUBLIC HEARING
The proposed text amendments were presented to the Planning and Zoning (P&Z) Commission
on August 27, 2026, as Case No. PZ-22-26. Director Shallcross provided an overview of the
proposed changes to Chapter 14. The P&Z Commission discussed how the proposed definition
would apply to various businesses, the treatment of existing distribution facilities as legal
nonconforming uses, whether small-scale facilities should be exempt, and how facilities
handling hazardous materials would be regulated. Director Shallcross clarified that no
exemption is proposed based on facility size; rather, classification would depend on whether
distribution activities constitute the principal use of the property. Director Shallcross also
explained that existing facilities would be permitted to continue as nonconforming uses, but a
new distribution center would require conditional use approval if an existing use vacated the
premises for more than six (6) months. The Commission also discussed the number and size
of existing distribution facilities within the Village and the potential impacts associated with
these uses. Following discussion, the P&Z Commission voted 6-0 to recommend approval of
the proposed text amendments to the Village Board.
Alternatives
1. Adopt the text amendments to Chapter 14 of the Mount Prospect Village Code as
outlined in the attached documents for Case PZ-22-26 and the attached ordinance.
2. Action at the discretion of the Village Board.
Staff Recommendation
Adopt the text amendments to Chapter 14 of the Mount Prospect Village Code as outlined in
the attached documents for Case PZ-22-26 and the attached ordinance.
Attachments
1. PZ-22-26 Staff Report
2. PZ-22-26 Administrative Content
3. PZ-22-26 Ordinance
4. PZ-22-26 Request to Waive Second Reading
5. PZ-22-26 Public Comments
6. PZ-22-26 (50 S Emerson St) Minutes
7. PZ-22-26 Attachment 1—Chapter 14 Article 6—Land Use Table 2
8. PZ-22-26 Attachment 2—Chapter 14 Article 24_Definitions
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 Senior Development Planner
DATE: August 20, 2026
CASE NUMBER
PZ-22-26
PUBLIC HEARING DATE
August 27, 2026
BRIEF SUMMARY OF REQUEST
PETITIONER/PROPERTY OWNER
Village of Mount Prospect
PROPERTY ADDRESS/LOCATION
50 S. Emerson Street
The Community Development Department is recommending text amendments to the zoning ordinance
of the Village Code to allow "Distribution center, cartage, courier, parcel distribution, and last -mile
delivery facility" as conditional use in the 1-1 Limited IndustrialDistrict.
STAFF RECOMMENDATION APPROVE APPROVE WITH
CONDITIONS
DENY
PROPOSAL
Staff has received complaints related to recently approved distribution centers located in close
proximity to residential neighborhoods in Mount Prospect. The chief complaints include increased
truck traffic, concerns regarding the safety of pedestrians and vehicles on existing roadways, and
nuisances related to odor, noise, and emissions associated with these industrial users. The
Community Development Department reviewed the Village's Zoning Code and is recommending the
following text amendments to address these concerns.
The proposed text amendments to the zoning code are contained in the attached documents.
Modifications to each of the chapters are indicated as p and add iiiii° iiiii
• Attachment 1: Chapter 14,Article 6—Land Use Table 2
• Attachment 2: Chapter 14, Article 24 — Definitions
Article VI, Section 14.604: Land Use Table 2
The commercial and industrial zoning districts land use table currently allows distribution centers asa
permitted use in the 1-1 Limited Industrial District. Staff is recommending removing distribution
centers as a permitted use in the 1-1 Limited Industrial District and instead creating a new land use
category "Distribution center, cartage, courier, parcel distribution, and last -mile delivery facility" as a
conditional use in the 1-1 Limited Industrial District.
The conditional use process would require notification of surrounding property owners and a public
hearing before the Planning and Zoning Commission. As part of its review, the Planning and Zoning
Commission would evaluate the proposed use and may recommend conditions of approval to address
potential impacts before forwarding its recommendation to the Village Board for final consideration. In
general, the conditional use process provides a transparent, public review of uses that, due to their
operational characteristics or potential impacts, warrant case -by -case evaluation to ensure
compatibility with surrounding uses and development patterns. Village Board approval of the
HAPLAN\Planning & Zoning COMM \P&Z 2026\Staff Repo rts\PZ-22-26 50 S Emerson Street (Text Amendments).docx
conditional use would be required prior to the issuance of a business license or Certificate of
Occupancy authorizing the use to operate.
This process would provide for public and case -by -case review of distribution -related uses whose
operational characteristics, including truck and delivery vehicle traffic, loading and staging, hours of
operation, and proximity to surrounding uses, may vary significantly from one facility or location to
another.
In determining whether a proposed operation falls within the new land use classification or constitutes
another permitted use, staff would consider the overall character of the operation, including the
volume and frequency of shipments, duration of storage, extent of sorting or transfer activities, vehicle
activity and staging, and relationship of these activities to other uses on the premises.
Article XXIV Definitions, Section 14.2401: Purpose
The proposed modification to Section 14.2401 includes the addition of the following definition of
DISTRIBUTION CENTER, CARTAGE, COURIER, PARCEL DISTRIBUTION, AND LAST -MILE DELIVERY
FACILITY: A facility where the receipt, transfer, sorting, routing, staging, consolidation,
deconsolidation, redistribution, or dispatch of packages, parcels, goods, merchandise, or other
materials for subsequent distribution or delivery constitutes a principal function of the premises. Such
use includes facilities where goods are received by truck or other commercial vehicle and
subsequently transferred, whether directly or following temporary storage, to other vehicles for further
distribution or delivery.
Associated activities may include temporary storage or staging of goods; cross -docking; sorting; fleet
parking; vehicle or trailer staging; fleet management; and dispatch operations. A facility meeting this
definition shall be classified as such notwithstanding that it may also meet the definition of a
warehouse or other permitted use.
The receipt, storage, distribution, or delivery of goods that is subordinate to and conducted in direct
support of another principal use, such as manufacturing or retail, shall be considered accessory and
shall not independently constitute a distribution center.
Staff also recommends modifying the definition of warehouse so that it is complementary to the
following definition:
WAREHOUSE, STORAGE: A building or portion thereof principally used for the storage of goods,
merchandise, materials, or commodities, where such storage, rather than the sorting, transfer,
redistribution, dispatch, or delivery of such goods, constitutes the principal function of the facility.
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.
H:\PLAN\Planning & Zoning COMM \P&Z 2026\Staff Repo rts\PZ-22-26 50 S Emerson Street (Text Amendments).docx
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...)
1 concur:
Jason CShallcross,AICP,CECD
Director of Community Development
OTHER
(Supplemental Information,
Public Comments Received,
etc...)
HAPLAN\Planning & Zoning COMM \P&Z 2026\Staff Repo rts\PZ-22-26 50 S Emerson Street (Text Amendments).docx 3
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 are intended to further the objectives of the Zoning
Ordinance by establishing appropriate land use controls for a distribution center, cartage, courier, parcel
distribution, and last -mile delivery facility based on their operational characteristics and potential
impacts on surrounding properties, roadways, and other land uses. The proposed text amendments are
applicable to the Village at large and not intended to benefit a specific property. The proposed
amendments would result in existing distribution centers, cartage, courier, parcel distribution, and last -
mile delivery facilities that were lawfully established as permitted uses becoming legal nonconforming
uses. The amendments would make the Zoning Ordinance more restrictive by requiring future
distribution centers, cartage, courier, parcel distribution, and last -mile delivery facilities to obtain
conditional use approval, thereby allowing the Village to evaluate each proposed facility on a case -by -
case basis and impose appropriate conditions to mitigate potential impacts. 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 Repo rts\PZ-22-26 50 S Emerson Street (Text Amend ments).docx 4
�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 - 22 - 26 Date of Submission: 08-01-2026 Hearing Date: 08-27-2026
Project Name/Address: Text Amendments: Cartage, courier, parcel distribution, and last -mile delivery facility
I. Subject Property
Address(es): 50 S. Emerson St, Mount Prospect IL
Zoning District (s): n/a
Parcel Index Number(s) (PIN(s): n/a
Property Area (Sq.Ft. and/or Acreage): n/a
II. Zoning Request(s) (Check all that apply)
❑ Conditional Use: For
❑ Variation(s): To
❑ Zoning Map Amendment: Rezone From To
EZ Zoning Text Amendment: Section(s) 14.604, 14.2401
❑ Other:
III. Summary of Proposal (use separate sheet if necessary)
Amending text pertaining to distribution centers in Chapter 14.
Adding "Distribution center, cartage, courier, parcel distribution, and last -mile delivery facility" as a
conditional use in the 1-1 Limited Industrial District.
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: comdev@mountprospect.org
Interest in Property: Director of Community Development
(e.g. owner, buyer, developer, lessee, architect, etc...)
1
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.
A p plicant. Date: 08-01-2026
w.
(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
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 14 "ZONING" OF THE VILLAGE
CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS
WHEREAS, the Village of Mount Prospect is a home rule municipality as
defined by Article VII, § 6 of the Illinois Constitution of 1970; and
WHEREAS, the President and Board of Trustees of the Village of Mount
Prospect desire to make certain amendments to the Village Code of Mount
Prospect as set forth below; and
WHEREAS, pursuant to the authority granted under the Illinois
Municipal Code and in accordance with home rule authority granted to home
rule municipalities, the President and Board of Trustees of the Village of
Mount Prospect approve the amendments as set forth below.
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION 1: Land Use Table2: "Commercial and Industrial Zoning
Districts" of Section 14.604, "Land Use Tables," of Article VI, "Zoning
Districts," to Chapter14, "Zoning" to the Mount Prospect Village Code shall
be amended to add "Distribution centers, cartage, courier, parcel
distribution, and last -mile delivery facilities" as a conditional use in the 1-1
zoning district; and to remove "distribution" from "Warehouse, distribution
and storage facilities" as a permitted use in the I-1 zoning district.
SECTION 2: Section 14.2401, "Purpose," of Article XXIV, "Definitions,"
to Chapter14, "Zoning," to the Mount Prospect Village Code shall be
amended to replace the existing definition of "WAREHOUSE, STORAGE" and
to add the new definition of "DISTRIBUTION CENTER, CARTAGE, COURIER,
PARCEL DISTRIBUTION, AND LAST -MILE DELIVERY FACILITY" in the
appropriate alphabetical location as follows:
DISTRIBUTION CENTER, CARTAGE, COURIER, PARCEL DISTRIBUTION,
AND LAST -MILE DELIVERY FACILITY: A facility where the receipt, transfer,
sorting, routing, staging, consolidation, deconsolidation, redistribution, or
dispatch of packages, parcels, goods, merchandise, or other materials for
subsequent distribution or delivery constitutes a principal function of the
premises. Such use includes facilities where goods are received by truck or
other commercial vehicle and subsequently transferred, whether directly or
following temporary storage, to other vehicles for further distribution or
delivery.
Associated activities may include temporary storage or staging of
goods; cross -docking; sorting; fleet parking; vehicle or trailer staging; fleet
management; and dispatch operations. A facility meeting this definition shall
be classified as such notwithstanding that it may also meet the definition of a
warehouse or other permitted use.
The receipt, storage, distribution, or delivery of goods that is
subordinate to and conducted in direct support of another principal use, such
2
as manufacturing or retail, shall be considered accessory and shall not
independently constitute a distribution center.
WAREHOUSE, STORAGE: A building or portion thereof principally used
for the storage of goods, merchandise, materials, or commodities, where
such storage, rather than the sorting, transfer, redistribution, dispatch, or
delivery of such goods, constitutes the principal function of the facility.
SECTION3: This Ordinance shall be in full force and effect from and
after its passage, approval, adoption and publication in the manner provided
by law.
AYES:
NAYS:
ABSENT:
PASSED AND APPROVED this 15th day of September 2026, by the Village
Mayor of the Village of Mount Prospect, and attested by the Village Clerk, on
the same day.
ATTEST:
Karen Agoranos
Village Clerk
Paul Wm. Hoefert
Village Mayor
3
September 8, 2026
Jason C Shallcross, AICP, CEcD
Director of Community Development
Village of Mount Prospect
50 S. Emerson Street
Mount Prospect, IL 60056
Via email: jshallcrossgmountprospect.org
Dear Mr. Shallcross,
The Planning & Zoning Commission recommended approval of the proposed text
amendments by a 6-0 vote at the August 27, 2026 meeting. Our request is scheduled to go
before Village Board for the ordinance's first reading on September 15, 2026.
Staff would like to move forward and request that the Village Board waive the second
reading, tentatively scheduled for October 6, 2026, and take final action at the September
15, 2026 meeting as the proposed text amendments are in the best interest of the Village.
The proposed amendments reflect the current Village objectives as outlined in the accepted
planning documents.
Sincerely,
Ann Choi
Development Planner
Village of Mount Prospect
From: To: 0!1=
"icoii, Ann,
Cc:
Stj bjectA,- August 27 Ihearing- Text Amendment
Date: Monday,, August 24,,2026 3:46:00 PM
Text shto incled "to add condiltional usle for" last imiiiilllivery faicililties,pa rlc6l
distribution facilitilels and any other di'tiiribui i'lolimn ,fa cili't'i'les that are trea6heroups and hazardious,
"to ou it iiresidlential community., Thiese cornpay ire ilels are public nuisancles. Also, the village
board shiouJId not ��be a[lowed to, havet he finaldecisiion if there are many
1. 1.
hiomelowiineiirs/constitule�nts who opplosle thiesile types of ciompaniesl in our residential
communJty.,
L,ongford Glien Hornelowners, Association
From:
To: Choi, Ann
Subject: Case No. PZ-22-26, Fwd: OnTrac Liabilities, Investigate
Date: Monday, August 24, 2026 4:46:33 PM
Attachments: merriam-webster due diligence definition.png
ontrac delivery service providers needed.png
Hello Ann Choi and the Planning and Zoning Commission,
In regards to this Thursday, August 27, 2026 Hearing, Case No. PZ-22-26- Text amendments
to modify Chapter 14 to add cartage, courier, parcel distribution, and last -mile delivery
facilities as a conditional use, and other chapters of the Village of Mount Prospect Village
Code as may be required.
I am in full support for a 'Conditional Use' permit for cartage, courier, parcel distribution, and
last -mile delivery facilities.
Mark Johnson
A Mount Prospect Home Owner
-------- Forwarded Message--------
Subject:OnTrac Liabilities, Investigate
Date: Sun 23 Au 2026 21:09:56 -0500
From:mj
To:Hoefert, Paul <bhoefertaa,mountbrosbect.org>, Cassady, Michael
<mcassadv&mountbrosbect.org>, Jason Shallcross
<comdevdebtaa,,mountnrosnect.org>, Concerns <Concernsna,mountbrosbect.org>,
Coy, Dustin <dcoyUmountprosbect., Dante, Vincent
<vdantena,mountbrosbect.org>, DiPrima, Beth <bdibrimaaa,mountnrosbect.org>,
Gens, Terri <tgensnmountbrosnect.org>, Grossi, William
<wgrossina,mountbrosbect.org>, Matuszak, John<imatuszakaa,mountnrosbect.org>,
Saccotelli, Colleen<csaccotelliaa,mountbrosbect.org>
CC:Jodi Megerle <imegerleaa,rtsd26.org>
Hello All,
I am very confident that you are aware that OnTrac has pushed off a lot of their
LIABILITIES onto their subcontracted (employee) drivers, whom I believe most or some
just became aself-employed driver when they started working for OnTrac.
An email was sent to you on 8/21 /26, Subject On Trac 8121- FedEx and Two at the Same
Time, to bring to your attention the subcontracted drivers. It is your duty to the community by
exercising due diligence to know prior to making the decision to, or not to, granting a
company a business license to operate in the village. Does that include subcontracted drivers
just like subcontracted tradesmen are required to have a business license?
Below is a definition of "Due Diligence". Did the village exercise due diligence as it is written
in the below definition to determine if a business license should be granted to OnTrac?
Merriam -Webster - Due Diligence
httDs://www.merriam-webster.com/dictionary/due%20diligence
The below screenshot is presented here in "fair use".
law the care that persanex,.earjc
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to o,:t� ,,e r: �e rs,onsz,, ar, th,
h a rm h p property
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I am desperately trying to prevent people, especially children, from being injured or killed by
OnTrac drivers.
In a previous email a 5 second gif animation (video) of OnTrac's negligent drivers was
included. The 11 photos to create the gif animation were taken over a 5 second
duration, a half second between each photo.
Below is a 7 second version of that gif animation which includes four more photos
added at the beginning. This is just one example of OnTrac's negligent drivers that
you have allowed into our community. Pedestrians, especially children, are at risk of
these dangerous and negligent drivers.
On Friday, August 21, 2026 two drivers were leaving the facility at the same time, neither
stopped for the stop sign. It appears that the far driver was driving a lot faster than the near
driver.
In the below photo we can see how that driver's view to his/her right is blocked by a
row of evergreens as he/she departed OnTrac at the southern egress. This is where
the far southern driver in the above gif animation drove at a high rate of speed without
stopping for the stop sign to check for pedestrians,
Watch the above gif animation some more to realize how SERIOUS this really is.
Below is a driver with his/her view blocked to the right by packages on the passenger
seat. Can you see the driver?
Below is another example of a possible so-called subcontractor.
How much longer will it be before someone is seriously injured or killed?
I fear that the odds will greatly increase during the coming holiday season!!!
The below links are to OnTrac's webpages advertising for subcontractors - employees.
OnTrac
Delivery service providers needed
httDs://www.ontrac.com/business-ol2l2ol-tunities/
OnTrac
It's Easy to Grow Your Business with OnTrac
httDs://www.ontrac.com/rsl2-business-oj2l2ortuni'ty/
Quoted from the above webpage:
"If your delivery company is ready to expand or get started, we want to talk to you!"
"Get started" what exactly do they mean by that? Is OnTrac suckering in people to take on
liabilities, whom have no previous business knowledge or knowledge of accounting and tax
liabilities?
Below is a screenshot from their website for the purpose of this email's discussion. It is
presented here in "fair use".
I n1e, rested b G rowi` ng Your
Dell Ii'very,
13111usiness,
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Which leads to the question of - who will be liable when a pedestrian, especially a
child, is injured or killed by an OnTrac subcontracted delivery driver? Will it be OnTrac
or will it be the just "Get Started" subcontracted driver? Does OnTrac `help' these
drivers to become independent subcontractors instead of hiring them as employees?
Is this how 0nTrac_puabaa_Qfl_L1A51L1!LE5!
The below list of Dates and Subjects are just some of the emails I sent to you
regarding the negligent drivers hired by OnTrac.
8/2/26 - "Coming to the Nuisance"
8/8/26 - OnTrac Traffic Jamming 8-8-26
8/15/26 - OnTrac, Approaching Firetruck
K 8/17/26 - OnTrac 8/17, Part 1 of 2 - Failure to Stop
K 8/17/26 - OnTrac 8/17, Part 2 of 2 — On -Ramp
8/18/26 - NOT Looking Where He is Driving
8/18/26 - Swerved Just in Time
8/18/26 - OnTrac 8-18 On -Ramp Drivers
8/18/26 - OnTrac 8-19 Blocked View and Bicyclist
8/20/26 - OnTrac 8-20 Woman with Baby Stroller
8/20/26 - School's Open - Safety Week - OnTrac
8/21 /26 - OnTrac 8-21 - Fed Ex and Two at the Same Time
8/22/26 - OnTrac 8-21 - gif of Two at the Same Time
Most of the emails listed above are regarding events that occurred during
Open - Safety Week" August 17 - 21.
Was Friday, 8/21 the "Two at the Same Time" a grand finale for "Safety Week"? Is the
negligent driving going to get worse going into the holiday season?
Below is a screenshot of Village E-News that I received during the evening of
Thursday, 8/20. Did the OnTrac drivers receive a copy?
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Below was quoted from the email that was sent to you on 8/21 /2026, Subject: OnTrac
8/21 - FedEx and Two at the Same Time.
QUOTE:
wonder how many of the subcontracted drivers are self-employed and
are not making contributions to SS, FICA, and etc. I wonder how many
have business liability insurance. I wonder how many formed a
corporation or are they a sole proprietorship meaning they are personally
liable for any property damage and bodily harm. I wonder how much
business knowledge they have. I wonder how many owe the IRS because
they didn't know.
Wikipedia
Sole proprietorship
https://en.wikipedia.org/wiki/Sole_.proprietorsW
VOMP has business knowledgeable people on staff and yet allow this to
happen in the Village!
An idea: Require last -mile delivery facilities and OnTrac to have a gate
and guard that raises the gate at the exit. The guard collects a copy of the
driver's delivery schedule and a time stamp machine in the guard house in
order for that driver to be paid for the packages he/she is going to deliver.
That way the driver is forced to come to a stop or does not get paid.
A much better idea: Do not allow last -mile delivery companies in the
Village of Mount Prospect. We don't want their disrespect for the rules of
the road and disrespect for our citizens by the drivers they choose to hire.
Here's another idea to add to the above, as a conditional use requirement the last -
mile delivery company ONLY hires hourly paid drivers that are on their payroll, no
subcontracted drivers. That way the drivers will probably come to a stop at stop signs
because they are not going to make a greater profit by racing through stop signs.
Watch the above gif animation some more to realize how SERIOUS this really is.
Below are an excellent read that I highly recommend that all village
officials read ASAP!!!!
U.S. Department of Labor
An official website of the United States Government
Fact Sheet 13: Employee or Independent Contractor Classification Under the Fair
Labor Standards Act (FLSA)
https://www.dol.gov/agencies/whd/fact-sheets/13-flsa-em I�oyment-relationship
Misclassification of Employees as Independent Contractors Under the Fair Labor
Standards Act
https://www.dol.gov/agencies/whd/flsa/misclassification
Illinois Government
Employee Classification Act FAQ
https:Hlabor.illinois.gov/fags/ecafaq.html
Martin& Martin, LLP
Attorneys at Law
Independent Contractor vs. Employee Classification
https://www. martinandmartinlaw.com/independent-contractor-vs-emplovee-
classification. html
CWA - Communications Workers of America
My employer says I am an independent contractor. What does this mean?
Independent Contractor vs. Employee
https:Hcwa-union.org/about/rights-on-job/legal-toolkit/my-employer-says-i-am-
i ndependent-contractor-what-does-mean
I am requesting the village to investigate OnTrac, and instead of using residents of MP tax
dollars to hire attorneys to go after OnTrac, contact the Illinois Attorney General and
the IRS to investigate OnTrac.
Thank you for reading, watching, and I pray you care and do something about it.
Mark Johnson
A Mount Prospect Homeowner
P.S. For everyone's safety, do not allow the Kensington Rd. egress for 1600 Bishop
Ct. and watch the above gif animation some more to realize how SERIOUS this really
is.
1
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-22-26
PROPERTY ADDRESS:
PETITIONER:
PUBLICATION DATE:
Hearing Date: August 27, 2026
50 S. Emerson Street
Village of Mount Prospect
August 12, 2026
REQUEST: Text Amendments to modify Chapter 14 to add
distribution centers, cartage, courier, parcel
distribution, and last -mile delivery facilities as a
conditional use, and other chapters of the Village of
Mount Prospect Village Code as may be required.
MEMBERS PRESENT: Joseph Donnelly
William Beattie
Ewa Weir
Walter Szymczak
Michael Fricano
Fay Costa
MEMBERS ABSENT: Donald Olsen
Richard Rogers
STAFF MEMBERS PRESENT: Charlie Hogan -Senior Development Planner
Jason Shallcross - Director of Community Development
INTERESTED PARTIES: Village of Mount Prospect, Petitioner
Chairman Donnelly called the meeting to order at 7:01 PM.
Chairman Donnelly moved onto Item Two, Approval of Minutes. Commissioner Weir made
a motion seconded by Commissioner Szymczak to approve the minutes of the Planning
and Zoning Commission meeting on August 13, 2026. The minutes were approved 5-0 (Vice
Chairman Beattie abstained).
After introducing the first item of new business, Chairman Donnelly introduced case
number PZ-22-26, Village of Mount Prospect, text amendments for distribution centers,
cartage, courier, parcel distribution, and last -mile delivery facilities as a conditional use.
Planning & Zoning Commission Meeting — August 27, 2026 PZ-22-26
Director Shallcross stated that, as part of a recent zoning case, the Village Board directed
staff to reevaluate how the Zoning Code regulates distribution centers as a primary use in
response to complaints regarding the impacts of such facilities when located in close
proximity to residential neighborhoods. Director Shallcross explained that staff is seeking a
positive recommendation from the Planning and Zoning Commission on proposed text
amendments that would modify how these uses are regulated.
Director Shallcross noted that distribution centers are currently permitted by right on
properties zoned 1-1 Limited Industrial District. Under the proposed amendments,
distribution centers would remain an allowable use within the 1-1 District but would require
conditional use approval by the Village Board following review and a recommendation by
the Planning and Zoning Commission. Director Shallcross clarified that the proposed
conditional use requirement would apply specifically to facilities where parcel distribution
is the primary use.
Director Shallcross further distinguished these facilities from traditional warehouses or
manufacturing businesses that conduct deliveries as an accessory component of their
operations. Director Shallcross explained that the proposed amendments are intended to
address large-scale, last -mile distribution facilities, which may have hundreds of
employees, generate significant delivery and vehicle activity, and operate extended hours,
particularly during peak periods such as the holiday season. Director Shallcross further
explained that these operational characteristics can result in greater impacts when such
facilities are located near single-family residential neighborhoods and form the basis for
the proposed text amendments before the Commission.
Director Shallcross went on to present the new use category: Distribution center,
cartage, courier, parcel distribution, and last -mile delivery facility which is defined as a
facility where the receipt, transfer, sorting, routing, staging, consolidation,
deconsolidation, redistribution, or dispatch of packages, parcels, goods, merchandise, or
other materials for subsequent distribution or delivery constitutes a principal function of
the premises. Such use includes facilities where goods are received by truck or other
commercial vehicle and subsequently transferred, whether directly or following temporary
storage, to other vehicles for further distribution or delivery. Associated activities may
include temporary storage or staging of goods; cross -docking; sorting; fleet parking;
vehicle or trailer staging; fleet management; and dispatch operations. A facility meeting
this definition shall be classified as such notwithstanding that it may also meet the
definition of a warehouse or other permitted use. The receipt, storage, distribution, or
delivery of goods that is subordinate to and conducted in direct support of another
principal use, such as manufacturing or retail, shall be considered accessory and shall not
independently constitute a distribution center.
Planning & Zoning Commission Meeting — August 27, 2026 PZ-22-26
Director Shallcross presented a slide that showed that the current distribution center use
would be struck as a permitted use and be made as its own standalone use category as a
conditional use.
Director Shallcross further stated that it was necessary to modify the Village's definition of
a warehouse to be more complementary to the proposed definition of a distribution center.
Director Shallcross stated that the new definition of "Warehouse, storage" would now be
defined as: a building or portion thereof principally used for the storage of goods,
merchandise, materials, or commodities, where such storage, rather than the sorting,
transfer, redistribution, dispatch, or delivery of such goods, constitutes the principal
function of the facility.
Director Shallcross concluded that staff finds that the proposed text amendments align
with the Village's standards contained in the Mount Prospect Zoning Ordinance, and that
staff requests that the Planning and Zoning Commission make a motion to adopt Staff's
findings as the findings of the Planning and Zoning Commission and recommend approval
of the following motion:
1. "To adopt the text amendments to Chapter 14 of the Mount Prospect Village Code."
Director Shallcross stated that the Village Board's decision is final for this case.
Vice Chairman Beattie asked whether the property associated with the previous zoning
case at Wolf and Kensington Roads (1600 Bishop Court) would be affected by the
proposed text amendments. Director Shallcross explained that, regardless of whether the
proposed text amendments are approved, the ordinance previously approved for that
property requires any future distribution facility to undergo an approval process and
receive Village Board approval pursuant to the Planned Unit Development (PUD). Director
Shallcross clarified that the proposed text amendments would establish a consistent
approval process for distribution facilities proposed on all other I-1 Limited Industrial
properties throughout the Village.
Commissioner Weir asked for clarification regarding the definition of distribution facility
and whether businesses involving construction materials, lumber yards, building supplies,
electrical supplies, or appliances would be classified as distribution facilities under the
proposed text amendments. Director Shallcross responded that the Zoning Code has a
separate use category for contractors' storage yards which principally involves the storage
of outdoor materials and that the Village also has supplemental regulations for the storage
of outdoor materials.
Commissioner Weir asked how the existing distribution centers would be treated. Director
Shallcross stated that the existing distribution centers would be grandfathered in and
would be considered existing nonconforming and would be allowed to continue; however,
Planning & Zoning Commission Meeting — August 27, 2026 PZ-22-26
4
if the use were to vacate the premises for a period of more than six (6) months, a new
distribution center user coming in would be required to seek conditional use approval.
Commissioner Weir asked whether there would be any exemptions for small-scale
distribution facilities. Director Shallcross responded that the proposed text amendments
do not include an exemption based on square footage; rather, the classification would
depend on the principal use of the facility and would be evaluated on a case -by -case basis
to determine whether shipping and distribution activities constitute the principal use or are
accessory to another primary use, such as an office.
Vice Chairman Beattie asked how many existing distribution facilities would be considered
Legal nonconforming uses under the proposed text amendments. Director Shallcross
stated that the Village has several such facilities, ranging from approximately 100,000
square feet to significantly larger sites encompassing multiple acres. Director Shallcross
noted that newer facility on the south side of the Village is approximately 190,000 square
feet, while another facility on the north side is approximately 100,000 to 150,000 square
feet. Director Shallcross estimated that there are fewer than ten such facilities currently
operating within the Village and added that the Village has received complaints regarding
some of these existing facilities and that, moving forward, the proposed amendments
would allow the Village to more carefully evaluate these uses and their potential impacts.
Commissioner Costa asked whether a distribution center handling hazardous materials
would be classified as a different use and whether the proposed text amendments should
reference other applicable provisions of the Zoning Code. Director Shallcross stated that
he did not believe any additional text amendments would be necessary. Depending on the
nature of the operation, a facility handling hazardous materials could potentially fall under
a different use classification, such as Heavy Manufacturing. Director Shallcross further
explained that hazardous materials are addressed through the performance standards
applicable to the 1-1 Limited Industrial District, which regulate matters including
hazardous materials, noise, vibrations, emissions, etc. Director Shallcross stated that the
presence of hazardous materials does not, by itself, result in a separate use classification,
provided that the materials are handled in compliance with all applicable Village codes
and regulations.
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. Vice Chairman
Beattie made a motion and Commissioner Costa seconded the motion.
UPON ROLL CALL AYES: Szymczak, Weir, Beattie, Fricano, Costa, Donnelly
NAYS: None
The Planning and Zoning Commission gave a positive recommendation (6-0) to the Village
Board for the September 15, 2026 meeting.
Planning & Zoning Commission Meeting — August 27, 2026 PZ-22-26
After hearing one more item of new business, Chairman Donnelly asked if there were any
citizens to be heard.
Hearing no further discussion, Vice Chairman Beattie made a motion seconded by
Commissioner Szymczak and the meeting was adjourned at 8:13 PM.
Ann Choi, Senior Development Planner
Planning & Zoning Commission Meeting — August 27, 2026 PZ-22-26
ATTACHMENT 1
PZ-22-26 Attachment 1—Chapter 14 Article 6—Land Use Table 2_Redline.docx
Modifications to each of the chapters are indicated as s and add iiiii° iiii
LAND USE TABLE 2
COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS
Land Use
B-1
B-2
B-3
B-4
B-5
B-5C
1-1
1-2
1-3
......................................................................................................................................................................................
........................
e ecair"t
..................................................... ........................
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last veiry
iiiii iiiir iiiii
Warehouse,
P
and
storage facilities
PZ-22-26 Attachment 1_Chapter 14 Article 6—Land Use Table 2_Clean.docx
LAND USE TABLE 2
COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS
Land Use
B-1
B-2
B-3
B-4
B-5
B-5C
1-1
1-2
1-3
Distribution
C
centers, cartage,
courier, parcel
distribution, and
last -mile delivery
facilities
Warehouse and
P
storage facilities
ATTACHMENT 2
PZ-22-26 Attachment 3-Chapter 14 Article 24_Definitions_Redline.docx
Modifications to each of the chapters are indicated as s and add iiiii° iiii
Add the definition of "Distribution center, cartage, courier, parcel distribution, and
last -mile delivery facility" to Section 14.2401 in the appropriate alphabetical location.
Modify the existing definition of "Warehouse, storage" as follows.
14.2401: PURPOSE
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PZ-22-26 Attachment 3—Chapter 14 Article 24_Definitions_Clean.docx
14.2401: PURPOSE
DISTRIBUTION CENTER, CARTAGE, COURIER, PARCEL DISTRIBUTION, AND LAST -MILE
DELIVERY FACILITY: A facility where the receipt, transfer, sorting, routing, staging,
consolidation, deconsolidation, redistribution, or dispatch of packages, parcels, goods,
merchandise, or other materials for subsequent distribution or delivery constitutes a
principal function of the premises. Such use includes facilities where goods are received
by truck or other commercial vehicle and subsequently transferred, whether directly or
following temporary storage, to other vehicles for further distribution or delivery.
Associated activities may include temporary storage or staging of goods; cross -docking;
sorting; fleet parking; vehicle or trailer staging; fleet management; and dispatch
operations. A facility meeting this definition shall be classified as such notwithstanding
that it may also meet the definition of a warehouse or other permitted use.
The receipt, storage, distribution, or delivery of goods that is subordinate to and conducted
in direct support of another principal use, such as manufacturing or retail, shall be
considered accessory and shall not independently constitute a distribution center.
WAREHOUSE, STORAGE: A building or portion thereof principally used for the storage of
goods, merchandise, materials, or commodities, where such storage, rather than the
sorting, transfer, redistribution, dispatch, or delivery of such goods, constitutes the
principal function of the facility.