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Home My WebLink About06/28/2007 P&Z minutes 23-07 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-23-07 Hearing Date: June 28, 2007 PETITIONER: The Village of Mount Prospect PUBLICATION DATE: June 13, 2007 REQUEST: Text Amendment; Outdoor Dining Requirements MEMBERS PRESENT: Richard Rogers, Chairperson Leo Floros Marlys Haaland Mary McCabe Ronald Roberts MEMBERS ABSENT: Keith Youngquist Joseph Donnelly STAFF MEMBER PRESENT: Judith Connolly, AICP, Senior Planner Ellen Divita, Deputy Director of Community Development Jason Zawila, Long Range Planner Chairman Richard Rogers called the meeting to order at 7:37 p.m. Marlys Haaland moved to approve the minutes of the May 24, 2007 meeting and Ronald Roberts seconded the motion. The minutes were approved 5-0. After hearing eight previous cases, Chairman Rogers introduced Case PZ-23-07, a request for a Text Amendment at 10:32 p.m. Ellen Divita, Deputy Director of Community Development stated that the purpose of the text amendment is to change Section 14.311 of the Zoning Code to require permits for Outdoor Dining only on Public Right Of Way and to no longer require them when on private property. The text amendment was properly noticed in the June 13,2007 edition of the Journal Topics Newspaper. Ms. Divita said the Village of Mount Prospect's regulations permit outdoor dining on both public and private property. This amendment proposes a change to Section 14.311 which would require outdoor dining permits for areas within the public right-of-way only, and not on private property. Despite this proposed amendment, all outdoor dining operations, whether on public or private property will be inspected by the Village Health Division staff on an annual basis to insure they comply with all sections of the Village Code. If a liquor licensee wishes to serve or permit the consumption of liquor in an outdoor dining area, he must first contact the Village Manager's Office to determine whether he needs to obtain a special permit from the Local Liquor Control Commissioner (Section 13.117 requires permission if the outdoor dining area is within 300-feet from any property zoned residential). Ms. Divita said the only text change is outdoor dining on private property no longer requires an annual application. All outdoor dining, whether on public or private property must still comply with these current requirements: · Annual inspections by Village Health Department · Alcoholic beverages subject to all requirements of chapter 13 .Outdoor dining with liquor requires special permit from Liquor Commissioner if within 300' from any property zoned residential (Section 13.117) Richard Rogers, Chairman Planning & Zoning Commission Meeting June 28, 2007 PZ-23-07 Page 2 .Dining will be on the same zoning lot as the restaurant, not encroaching on neighbors .Cannot be detrimental to the health, safety, or welfare of nearby residents or persons working or shopping in the vicinity .Must meet all applicable village and state health requirements .Barricades, landscaping will be used to define the area and enhance aesthetic appeal .Outdoor Dining will not extend before 6:00 A.M. or later than 11 :00 P.M. and no music or noise will be audible on adjacent properties .Furniture must be of materials and colors in harmony with the principal and adjacent structures, of sturdy construction designed to withstand a minimum wind pressure of not less than 30 pounds per square inch, and easily removable during winter months and/or if required · Adjacent walkways and sidewalks must be a minimum of 5 feet wide · Adequate refuse disposal must be provided for .May be revoked at any time on 14 days notice for failure to comply .Exempt from applicable parking requirements. If needed, must provide for off-site parking on nearby nonresidential properties. · Advertising or promotional features limited to umbrellas or canopies. Ms. Divita stated that in addition to the above requirements, Outdoor Dining on public property still must submit an annual application, proof of insurance, and accept responsibility for any damage to the public right of way. The application should include a site plan, proposed hours of operation, construction/appearance of all furniture, and provisions for refuse disposal. The insurance certificate must be for $1,000,000 general liability insurance and $30,000 of dramshop insurance. The Village must be named as an additional insured against liability resulting from dining permit. Ms. Divita said the permittee would submit a written statement acknowledging responsibility and agreeing to maintain the sidewalk and keep it free of obstructions, to comply with all Village and State codes, and to restore public sidewalk to original state when operation of dining area ceases. Ms. Divita said Section 14.203.D.8.b of the Village Code lists standards for the P&Z to consider for text amendments to the Zoning Code. These standards relate to: · The general applicability of the amendment to the community, rather than an individual parcel; · Consistency of the amendment with objectives of the Zoning Code and Comprehensive Plan; . The degree to which the amendment would create non-conformity; · The degree to which the amendment would make the Zoning Code more permissive; and · Consistency of the amendment with Village policy as established by previous rulings. Ms. Divita stated that the proposal to amend the Village's existing outdoor dining regulations would be applicable on a community-wide basis and would be consistent with the Village's previous requirements, maintaining health and safety on the public right of way. Ms. Divita said the proposed text amendment meets the standards contained in Section 14.203.D.8.b of the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the following motion: Richard Rogers, Chairman Planning & Zoning Commission Meeting June 28, 2007 PZ-23-07 Page 3 "To approve the text amendments as outlined above for case PZ-23-07 which would only require a permit for outdoor dining on the Public Right of Way. Outdoor dining on private property would be allowed if the outdoor dining area is in conformance with all sections of the Village Code. " She stated that the Village Board's decision is final for this case. Chairman Rogers asked if we are seeing more applications for outdoor dining. Ms. Divita confirmed that the Village continues to receive several applications each year. There was general discussion regarding the establishments in the Village that currently have outdoor dining. Chairman Rogers asked if the purpose of this Text Amendment is to insure safe Outdoor Dining on Public Property. Ms. Divita stated the current ordinance already does this, the purpose of this Text Amendment is to drop the application and insurance requirement for Outdoor Dining on private property. There was general discussion regarding Public Right of Way versus private property. Ms. Divita said the public Right of Way is generally the area between the sidewalk and the street. Downtown zoning has a zero-lot line requirement for the front yard and these buildings are often right up to the sidewalk. Marlys Haaland made a motion to approve the Text Amendment, as presented, for PZ-23-07. Leo Floros seconded the motion. UPON ROLL CALL: AYES: Floros, Haaland, McCabe, Roberts, Rogers NAYS: None Motion was approved 5-0. After hearing one additional case, Ronald Roberts made a motion to adjourn at 11 :04 p.m., seconded by Mary McCabe. The motion was approved by a voice vote and the meeting was adjourned. Stacey Dunn, Community Development Administrative Assistant C:\Documents and Senings\kdewis\Local Settings\Tcmporary Internet Filcs\OLK6B\PZ-23-07 Text Amend Outdoor Dining.doc