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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 r 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 ll, iJ' to o,:t� ,,e r: �e rs,onsz,, ar, th, h a rm h p property ,� ry uu �� im w ,�, err: ri � ,�.. nl,: u o , "SSG, Vf � 1 1�. U�. �' 41u o ,Niw � �:. �, , dr � , n. + �: � �����,u �I� v'19 ji ��.: ,q�o-�� �U, �� m,. ,�,. ,r �� , v i ua g v. , �V �, I� „�, ,� �i ,�i� �Pr ,, il, �� r � Q ) �„�f p, +� ! u �, �� ; � i I �,�a� N; di „ f ,,�vU,Jr '�, ^^ ,�� Ij��I ((� ��jY 1r Ik�` , ��� III Vf, i} IIf�� �s �"IwI�rmm����,l kw rt �mG 1�41 .4 �����n �� ^l���, Ai ���4 `IPw, u� �Y f� 'r�l'YN kl ������. ^Y f. YI����� ,W 11w„�R �^IyO 4e�I Oo,� No �����,� I{� �������i, IIII 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, WE WWIII " ff�� ryp !i . , W11�r I . „ � �� Io, Ij �� I Wmq�lryu, I r ; N �� �V f . � ; y , , ;�� II v ,L�o�� 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? Pradamaiti0n M j " r Safety , "'� r I �, w m �� i w- Iva r m rm + '�.iil I� 1 ¢ Imp r �� , ,lug � 4 .vim U �, °u I. r •®m t � tii �W. , Ll l b m II: �' �I i n �, r O O IIr IIIr � � � ! IIInm� m ,i i II t..i u -m �I ` ,� pp "w ; �� r ur®� .: u-wo mgy '" ��� rr ' � w ram. ' II11 I��v V • ,u_, � i m �� '.. ® ao m I H III m IIIIII h e % t N Oy l n II II:�� �I II"INA.M �INft IIIIW ,T®reO ,N I�N ,� �rila the newsb(a'year ea a I�, I I,ria &,• ziii,:. I•, rrr u i_IIM1 In _W t i eI�',u_ iII Il k , w k� � i_ t_. , Nby Tch ci retir,'iII N IY-imiorlsR I�,,D� exrextra cabi "'m i In _m1 school zones Si-IIr n,. : ., �tlaws, a sYI ': m [OI v.i�e Le r� II; IIVII: ,? b speed mrl a : is , aIrid ,. e' Ic ir ' , odI vN at , ®1,o!O 1'SN Irv~ �" �° m ���, .. a mr �®,� , , r �' m v r� n ro-� �, the o^� I. r d s� , ,i^"�P 14 u share ' week N,,.m III ��,.�r W n~ i I, ICI I� ., l II !� O � r I NIA and SIC+' 1 Iii � � ,� III �� � �� ,. � ;-•m I � ,.. ,. _��� m v III �, a � u � I� u I el III « I�� i I O ., �N• e� i III IIIIII r ,I I I, r � ji d r O I n III � icio. W e m•° III I II � k ly II y,� I �m m� r III. M";�:v o II r� i i r W �, � �I 4� III �' ° t' � �M,,.III mw' ih ! i dr °��, , 'IIIIII 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 ..................................................... ........................ ......................iiiii..................."............i..iiiii........................................."................................................. iin ad . . 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 iiiii iiiii iiiii° iiiii iiiii iiiir it it iiiir staging -of -goods; ii . it ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ................................................................................... ossm iiiii iiiir° iiiii . iiiir iiiii I. iiiii iiiir 'Ir i` r iiiii in in in° in ........................................ .................. ............................................................................................................................................................................................................................................................................................ m .......... . iiiii iiii it ° iiiii . iiiii liiiii° ° iiiii iiiii iiiii i° iiiii l iiiii° iiiii hill" " i .. ..iiiii .in................. r ir Theit iiiii i�r iiiii ° iriiiii iiiii i it iiiii it iiiii it iiiii iiii .................. conducted iiiii it it it ii� it iriiiii in iiiii ii� in iriil ii� it it iiiii l ........................................................................................................................................................................................................................................................................................................................... ed oin ................................................................................................................................................i..................................iiii............................ i.............................................................................................................................................................................. l iiiii ii .................. °....iiiii.."............................."..................................................................................iiiii...............................iii....................................................iii...................................... s11 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.