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HomeMy WebLinkAbout02/27/2003 P&Z minutes 3-03MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-03-03 Hearing Date: February 27, 2003 PETITIONER: Village of Mount Prospect 100 S. Emerson Street PUBLICATION DATE: February 12, 2003 REQUEST: Text Amendment (Outdoor Dining) MEMBERS PRESENT: Arlene Iuracek, Chairperson Merrill Cotten Joseph Donnelly Leo Floros Richard Rogers Matthew Sledz MEMBERS ABSENT: Keith Youngquist STAFF MEMBERS PRESENT: Judy Connolly, AICP. Senior Planner Michael Jacobs, AICP, Deputy Director of Community Development INTERESTED PARTIES: Chairperson Arlene Juracek called the meeting to order at 7:31 p.m. Joseph Donnelly made a motion to approve the minutes of the January 23 meeting, seconded by Richard Rogers. The January meeting rff~nutes were approved 5-0, with one abstention by Arlene Juracek and one minor change. At 9:20, after hearing three cases, Ms. Juracek introduced Case No. PZ-03-03, a request for Text Amendments to the Village Code, and said the case would be Village Board final Judy Connolly, Senior Planner, described the requested Text Amendment. She explained that the Village of Mount Prospect has current regulations regarding outdoor dining areas on both public and private property. The Village's existing regulations are included in two separate sections of the Village Code and contain some conflicting restrictions with regards to issues such as hours of operation and design/operation requirements. She said that the proposed text amendment would consolidate outdoor dining regulations to one section and eliminate any conflicting information. Ms. Connolly said that the Village's existing outdoor dining regulations are contained in two different sections of the Village Code: Section 9.1 I5 - Commercial Use of Sidewalk Space, Special Perm/t: and Section 14.311 - Outdoor Sales and Storage. She said that staff proposes deleting Section 9.115 in its entirety and that some of these regulations be included with regulations currently listed in Section 14.311, which would eliminate redundancy and conflicts within the Village Code. The staff report lists specific changes to the code, but the majority of the proposed amendments are general "housekeeping" issues with the only substantive change to the hours of operation. Each application would be reviewed on a case-by-case basis to ensure that the proposed hours of operation will be compatible with surrounding uses. In no case, however, shall the hours start before 6:00 A,M. or go past 11:00 P.M. Ms. Connolly said that staff recommends that the Planning & Zoning Commission make a recommendation to the Village Board to approve the text amendments as outlined in the staff report for case PZ-03-03. She said that the Village Board's decision is final for this case. Ms. Juracek asked about Section 9.115, which would be deleted, and would those items be handled elsewhere in the code. She specifically cited 9.115.b, reading "tables and chairs could not be on the sidewalk beyond the business borders"; 9.115.e, "beer & w~ne must be in plastic or non-breakable containers"; 9.115.g, "tables.and chairs must be lanning & Zoning Commission Arlene Juracek, Chairperson PZ-03-03 Page 2 removed every night". Mike Jacobs, Deputy Director of Community Development said, with regard to removing furniture on a daily basis, businesses like The Comer Bakery use wrought iron furniture and it is left out at night without problems. For a business using plastic furniture that could be blowing around, they would be required to remove their furniture daily. As to limitations to keeping furniture in the borders of the establishment, Mr. Jacobs said that was a good point and staff would ensure that requirement remained. Any questions regarding liquor would need to comply with Section 13, Liquor Licenses, and liquor would not need to be served in plastic. Mr. Rogers said this requested amendment seemed to be a combination of the more liberal portions of the old sections, which he could understand, given the new types of business in the Village. Mr. Jacobs also said licenses could be revoked for violations within 14 days and would be renewed on an annual basis to ensure control over these matters. Mr. Cotten asked that the language regarding hours be changed so it is clear that 6 a.m. is the earliest start time for outdoor dining; staff agreed. Ms. Juracek closed the public hearing at. 9:34 p.m. Richard Rogers moved to recommend approval to the Village Board of the Text Amendment to the Zoning Ordinance, Case No. PZ-03-03, with two conditions 1) clarify the hours of operation and 2) include sidewalk limits text from Chapter 9. Joseph Donnelly seconded the motion. UPON ROLL CALL: AYES: Cotten, Donnelly, Floros, Rogers, Sledz and Juracek NAYS: None Motion was approved 6-0. At 9:35 p.m. Joe Donnelty made motion to adjourn, seconded by Merrill Cotten. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary Judy Connolly, Senior Planner H\GEN PLANNING\Planning & Zoning COMM\P&Z 2003~Minates~PZ-03-03 Text Amend Outdoor Dimng doc