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HomeMy WebLinkAbout07/26/2007 P&Z minutes 29-07 MINUTES OF THE REGULAR MEETING OF mE PLANNING & ZONING COMMISSION CASE NO. PZ-29-07 Hearing Date: July 26, 2007 PROPERTY ADDRESS: 143 West Prospect Avenue PETITIONER: Krzysztof Miscierewicz / Boulevard Cafe PUBLICA TION DATE: July 11, 2007 PIN NUMBER: 08-12-113-001-0000 Restaurant and 08-12-113-013 and -018 Village owned parking lots REQUEST: Approval of an off-site parking agreement MEMBERS PRESENT: Richard Rogers, Chairperson Joseph Donnelly Leo Floros Mary McCabe MEMBERS ABSENT: Marlys Haaland Ronald Roberts Keith Youngquist STAFF MEMBERS PRESENT: Judith Connolly, AICP, Senior Planner Ellen Divita, Deputy Director of Community Development Jason Zawila, Long Range Planner Joseph Levie, Planning Intern INTERESTED PARTIES: Krzysztof Miscierewicz, Agnes Wheeler, Kathleen Jensen, Elizabeth McKee, Chris Siwik, Isabella Raczynski, Jason Bell Chairman Richard Rogers called the meeting to order at 7:30 p.m. Leo Floros made a motion to approve the minutes of the June 28, 2007 meeting and Mary McCabe seconded the motion. The minutes were approved 3-0, with Joseph Donnelly abstaining. After hearing four previous cases, Chairman Rogers introduced Case PZ-29-07, a request for an off-site parking agreement at 143 West Prospect Avenue at 9:16 p.m. Judy Connolly, Senior Planner, stated that the proposed restaurant will be located at the southeast corner of Prospect Avenue and Pine Street, and includes a vacant commercial space with related improvements. The property is zoned B5 Central Commercial and is adjacent to the B5 District to the east, south, and west. The railroad tracks, zoned 12, are north of the proposed restaurant. The Petitioner proposes to remodel the existing structure and open a restaurant. A restaurant is a permitted use in the B5 District, and the Village's Zoning Ordinance requires 1 parking space per 4 seats and 1 parking space per employee working during a peak shift. The proposed restaurant includes 43 seats and would employ a maximum of 6 employees during a peak shift. Therefore, 17 parking spaces are required. The site plan documents that only two parking spaces are available on-site, but there are several on-street spaces. The Zoning Ordinance does not allow the Petitioner to include the on-street spaces as part of the required parking calculation; a different parking ratio is used to reflect the B5 District location and the possibility of on-street parking. Consequently, the Petitioner is seeking approval of an off-site parking agreement where 15 parking Richard Rogers, Chairman Planning & Zoning Commission Meeting July 26, 2007 PZ-29-07 Page 2 spaces would be leased from the Village of Mount Prospect, allowing the Petitioner to meet the parking requirement. The Village's Zoning Ordinance permits off-site parking agreements under certain conditions and requires the Planning & Zoning Commission to approve the agreement. The off-site spaces would be located at the adjacent Pine Street lot and the Wille Street lot. Staff recommends that the employees park at the Wille Street lot, leaving the Pine Street lot and on-site spaces available for customer parking. Other departments reviewed the proposal and did not object to the request. The Village Attorney worked with the Petitioner's attorney to modify the document to reflect the Village's requirements. Also, the Director of the Finance Department reviewed the request and worked with his staff to locate the Petitioner's spaces as close to the restaurant as possible. Should other spaces at the Pine Street lot become available in the future, the Finance Department will assign the spaces to the Petitioner. The location of the proposed off-site parking spaces is well within the 1,000-foot limitation noted in Section 14.2206. Also, the Village Attorney reviewed the contents of the lease and found that it complies with Section 14.2206 and applicable requirements for leasing Village owned property. Therefore, Staff recommends that the Planning & Zoning Commission approve the following motion: "To approve an off-site parking agreement that provides up to 15 off-site parking spaces as allowed per Section 14.2206 of the Village Code for the restaurant at 143 W. Prospect Avenue, Case Number PZ-29-07 subject to the Petitioner requiring restaurant employees to park in the Wille Street lot." She said the Planning & Zoning Commission's decision is final for this case. Ms. Connolly stated that the restaurant use is a permitted use in the B5 district and the off-site parking would bring them into compliance with parking regulations; the Commission is only reviewing the off-site parking agreement. Chairman Richard Rogers asked if there are adequate spaces in the Village owned lots in addition to the 15 spaces the restaurant would be using. Ms. Connolly confirmed there are additional spaces available. Mr. Rogers asked if the lot is filled during the day. Ms. Connolly said the lots are not pay lots where users pay on a daily basis, but the spaces are leased annually, so there is not vehicle turn-over during the day. Chairman Rogers swore in the Petitioner Krzysztof Miscierewicz and Agnes Wheeler of 5626 North Fairview, Chicago, Illinois. Ms. Wheeler gave a brief description of the proposed cafe. Chairman Rogers swore in Kathleen Jensen of 118 South Pine, Mount Prospect, Illinois. Ms. Jensen thanked the Commission for allowing the residents to address their concerns with the request. She said she is concerned that the proposed cafe location, with no on-site parking, is not the best location for a restaurant. She said she is worried that the customers will park on the residential side streets and not in the leased parking spaces down the block. She is concerned that if vehicles are parked along Pine Street, emergency vehicles will not be able to get through to the neighborhood. She said the residents of the 100 South Pine block request that the Commission deny this request. Chairman Rogers swore in Chris Siwik of 120 South Pine, Mount Prospect, Illinois. Ms. Siwik stated that there is already a problem with the two hour parking on the block, and she is concerned the addition of the cafe will cause greater issues. Chairman Rogers swore in Elizabeth McKee of 121 South Elmhurst Avenue. Ms. McKee said the lot on Wille Street is vacant because of the design and location of the lot. She said the lot is not easy to find and will drive people to park on the street. She stated that the cafe use may not be appropriate for the neighborhood due to the additional traffic. Richard Rogers, Chairman Planning & Zoning Commission Meeting July 26, 2007 PZ-29-07 Page 3 Chairman Rogers swore in Jason Bell of 108 South Pine Street. Mr. Bell lives directly across from the proposed cafe. He said there are employees of the businesses in the neighborhood already parking on the street and enforcement of the two-hour parking limit has been hit-or-miss. The neighbors are concerned that the cafe patrons will compound the problem. Chairman Rogers asked if parking on one side of the street were eliminated, would that relieve the problem. Mr. Bell said he did not believe it would help the problem. He said the issue is two- hour parking that is not enforced; that the Village is not helping with the existing problem and the proposed cafe would add cars to the neighborhood. Mr. Floros asked if the cafe patrons would park on Prospect Avenue. Ms. Jensen said she believes the patrons would pass the cafe and turn onto the first street they see to find parking. There was general discussion regarding the parking tendencies of the employees and patrons. Ms. Jensen stated that she feels the off-site parking will not be used. Chairman Rogers swore in Isabella Raczynski of 108 South Pine Street. Ms. Raczynski stated that there really is no parking available on Prospect A venue. She said allowing this parking agreement will cause more traffic in their neighborhood. Chairman Rogers called for additional questions or comments; hearing none, the public hearing was closed at 9:39 p.m. Leo Floros made a motion to approve an off-site parking agreement for 143 West Prospect Avenue, as presented by Staff. Joseph Donnelly seconded the motion. Mary McCabe asked how many parking spaces will be available at the Pine Street lot. Ms. Connolly stated that there are 2 spaces on the restaurant site, 6 spaces at the Pine Street lot, which is located directly behind the restaurant, and 9 spaces at the Wille Street lot, which is less than 250-feet away from the restaurant. She said the 6 cafe employees would be required to park at the Wille Street lot. Ms. McCabe asked the Petitioner what the hours of operation would be. Ms. Wheeler said the proposed hours are from 11 a.m. till 10 p.m. Sunday through Thursday and from 11 a.m. till 2 a.m. Friday and Saturday. Joseph Donnelly stated that he understands the resident's concerns, but the Planning and Zoning Commission is only hearing the off-site parking agreement tonight. Mr. Floros stated that until he heard the proposed hours of operation, he was inclined to approve the agreement, but he does not agree with the 2 a.m. closing time on Friday and Saturday and would vote to deny the agreement. Mr. Donnelly asked if there were restrictions for hours of operation in the downtown district. Ms. Connolly said the Zoning Ordinance does not regulate that aspect of the business, but if they intend to sell alcohol, the Liquor Commission may have input on their hours of operation. Ms. Weller said they do intend to pursue a liquor license and they are permitted to be open until 2 a.m. She said they are not sure that they will maintain those hours, but until they get a feel for whom their target market is, they intend to be open as many hours a day as possible. Mr. Donnelly asked if there are any other businesses open until 2 am in the area. There was general discussion regarding Mrs. P & Me, their hours of operation, and the parking on that block. Mr. Donnelly stated that the Commission is here tonight only to consider the parking agreement; that the restaurant will have sufficient parking with the off-site parking agreement. There were no additional comments. Chairman Rogers called for the vote. UPON ROLL CALL: AYES: Donnelly, McCabe NAYS: Floros, Rogers Motion was defeated 2-2. Richard Rogers, Chairman Planning & Zoning Commission Meeting July 26, 2007 PZ-29-07 Page 4 After hearing one additional case, Joseph Donnelly made a motion to adjourn at 9:53 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 Sc:ttings\kdewis\l..ocal Settings\Temporary Internet Files\OLK6B\PZ-29~7 143 W Prospccl.doc