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HomeMy WebLinkAbout07/23/2009 P&Z minutes 18-09 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-18-09 Hearing Date: July 23, 2009 PROPERTY ADDRESS: 143 W. Prospect Ave. PETITIONER: John C. Santee on behalf of Krzysztof Miscierewicz / Boulevard Cafe PUBLICATION DATE: July 8, 2009 PIN NUMBER: 08-12-113-001-0000 Restaurant /08-12-113-013 and -018 Village owned parking lots REQUEST: Amend the off-site parking lot agreement to 1) include new hours of operation, 2) remove the valet attendant(s) requirement MEMBERS PRESENT: Richard Rogers, Chair William Beattie Joseph Donnelly Leo Floros Marlys Haaland Ronald Roberts Keith Youngquist STAFF MEMBERS PRESENT: Brian Simmons, AICP, Deputy Director of Community Development Consuelo Andrade, Development Review Planner INTERESTED PARTIES: John Santee, Agnes Wheeler, Izabella Kaczynski, Mary Ann Wilkinson, Kathleen Jensen, Jason Bell Chairman Richard Rogers called the meeting to order at 7:30 p.m. Mr. Youngquist made a motion to approve the minutes of the June 25, 2009 meeting; Mr. Donnelly seconded the motion. The minutes were approved 6-0; with Mr. Roberts abstaining. After hearing two previous cases, Chairman Rogers introduced Case PZ-18-09, 143 W. Prospect Avenue, a request to amend the off-site parking agreement to include new hours of operation, at 8:48 p.m. Ms. Andrade, Development Review Planner, stated the Petitioner for PZ-18-09 was requesting to amend the off- site parking lot agreement between Boulevard Cafe, 143 W. Prospect Avenue and the Village of Mount Prospect. Ms. Andrade said the property is zoned B5 Central Commercial and is located at the southeast comer of Prospect A ve. and Pine Street. In 2007, the Petitioner signed a parking lot agreement with the Village of Mount Prospect to lease 15 parking spaces in the Wille Street Parking Lot, allowing the Petitioner to meet the parking requirement for a restaurant at the Subject Property. Ms. Andrade stated the parking lot agreement included a condition that the restaurant shall not stay open for business later than 10:00 p.m. and that between the hours of 5 to 10 p.m. the Petitioner uses valet attendants. Richard Rogers, Chair Planning & Zoning Commission Meeting July 23, 2009 PZ-18-09 Page 1 of7 Ms. Andrade said the Petitioner was requesting to amend the parking lot agreement to extend the hours of operation. The new hours of operation would be from 11 a.m. to 10 p.m. Monday through Thursday, 11 a.m. to 1 a.m. on Friday, 4 p.m. to la.m. on Saturdays, and lla.m. to midnight on Sundays. Ms. Andrade stated the Petitioner said in his petition that he is losing dinner customers because he closes at 10 p.m. He stated that customers who dine at European-type restaurants often prefer to eat later in the evening and are choosing other restaurants that close at later times. Because of this lack of restaurant customers and the negative impact it has on his business and on the economy, he was requesting to extend the closing time of the restaurant on weekends. Ms. Andrade said the Petitioner also requested to remove the requirement to provide valet attendants from the parking agreement. He noted that there is plenty of street parking and that no other restaurant in a comparable situation has been imposed with such a requirement. The Petitioner believed the valet parking requirement is inappropriate because of the fact that it has never been utilized and it is an unnecessary expense. Ms. Andrade stated since the restaurant's opening in 2008, the Police Department has reported no issues with the establishment and has no objections to the Petitioner's requests. Other departments reviewed the proposal and did not object to the requests either. The Downtown Merchants Association submitted a letter in support of the Petitioner's requests as did 2 residents. Staff did receive 3 emails from residents in opposition to the Petitioner's requests. Ms. Andrade said the Village Zoning Code does not regulate the hours of operation for an establishment. The Village's Liquor License provisions do however impose restrictions on hours of operation for restaurants serving alcohol. The proposed hours of operation would comply with these provisions. To address resident concerns, Staff conducted a survey of the hours of operation of restaurants that are located with the downtown area that are in close proximity to residential in the Village and in the adjacent municipalities. Ms. Andrade showed a table that listed the hours of operation for some of the restaurants located within downtown Mount Prospect. Mrs. P & Me, Sam's Place, and Blues Bar are open until 1 a.m. during the week and until 2 a.m. on weekends. Canta Napoli is open until 10 p.m. at the latest. Ms. Andrade discussed restaurants in Downtown Arlington Heights and Downtown Des Plaines. Restaurants in these areas vary their hours of operation, and close at later times during the weekends. Ms. Andrade said the proposed hours of operation for Boulevard Cafe are comparable to other restaurants that are located in the downtown areas in the Village and in the adjacent municipalities. The proposed closing time of 1 :00 a.m. on Fridays and Saturdays would match the closing time of Fuego Mexican Restaurant in Downtown Arlington Heights and Cheeseburger in Paradise in Des Plaines. Additionally, Boulevard Cafe would be closing earlier than Mrs. P & Me, Blues Bar, and Sam's Place that are located in the immediate vicinity. Ms. Andrade stated that Village Staff has reviewed the proposal to amend the hours of operation and remove the valet attendant(s) requirement and has no objections to the requests. The proposed extended hours of operations would only impact the weekend operations of the restaurant. The weekday hours currently utilized by the restaurant would remain in place. Staff does not object to the elimination of valet attendant's due to the infrequency of its use and lack of an existing parking problem caused by the restaurant. Therefore, Staff recommended that the Planning & Zoning Commission approve the following a motion: "To approve an amendment to an off-site parking agreement that provides up to 15 off-site parking spaces as allowed per Sec. 14.2206 of the Village Code for the restaurant located at 143 W. Prospect Ave, Case No. PZ-18-09, said amendments to be as follows: 1. The amendment of the hours of operation to close at 1 :00 a.m. on Friday and Saturday and to close at 12:00 A.M on Sunday; and Richard Rogers, Chair Planning & Zoning Commission Meeting July 23, 2009 PZ-18-09 Page 2 of7 2. The removal of the valet attendant(s) requirement subject to the following condition: a. If a parking problem develops in the future in relation to the restaurant, the Village may require the petitioner to provide valet parking services to address the problem." Ms. Andrade stated that the Planning & Zoning Commission's decision was final for the case. Chairman Rogers asked about the Staff Report that indicated the Zoning Code does not limit the hours of operation, but the liquor license does. Ms. Andrade stated that the Village's Zoning Code does not regulate the hours of operation for businesses. The Village's Liquor Code does restrict serving times of alcohol, which is up until 2 a.m. Chairman Rogers said one compromise that was made with Boulevard Cafe's original parking agreement was the hours of operation. Chairman Rogers wanted to clarifY if the Planning and Zoning Commission was able to place such a condition. Mr. Simmons said as part of an approval for a request, the Planning and Zoning Commission could limit hours of operation. With any request for approvals the Planning and Zoning Commission could impose restrictions on hours for the use next to a residential zone. Mr. Youngquist asked if the fifteen (15) parking spaces would remain as part of the agreement. Ms. Andrade stated that the parking spaces would remain with the parking agreement. Chairman Rogers swore in John Santee, Attorney representing Boulevard Cafe, 200 E. Evergreen, Mount Prospect, Illinois and Agnes Wheeler, Manager of Boulevard Cafe, 143 W. Prospect Avenue, Mount Prospect, Illinois. Mr. Santee said they were attending the hearing to possibly extend the hours of operation for the restaurant. They were required to appear before the Commission because of their parking agreement with the Village. Mr. Santee stated that the restaurant wanted to extend their hours of operation on Fridays, Saturdays, and Sundays while leaving the remainder of the week the same. He said that they were also looking at removing the valet agreement that was set forth by the original parking lease agreement. Mr. Santee stated when the restaurant approached the Village in 2006; this was a new situation for a restaurant at the Subject Property. He said this was an experiment to see if the restaurant and surrounding neighborhood co- exist at the Subject Property. Mr. Santee said the restaurant has been a good neighbor. Mr. Santee stated that most of the restaurant patrons park on Prospect Avenue as they do not need to utilize the Village lot. Mr. Santee believed that by patrons utilizing Prospect Avenue and the restaurant staying open until 1 a.m. on Fridays and Saturdays would not have an impact on the adjacent neighborhood. Mr. Santee said there was a period of seven weeks in late November 2007 to early January 2008 where the Local Liquor Commissioner allowed the restaurant to stay open until 12 a.m. on Fridays and Saturdays. Ms. Wheeler stated this was later revoked due to the hours set forth in the original parking agreement with the Village. Mr. Santee said that allowing the restaurant to stay open later had a significant impact on business. Mr. Santee wanted to clarifY that Boulevard Cafe was primarily a restaurant. There is a small bar located inside. Mr. Santee stated that patrons are heading to the restaurant to eat, not for the purposes of drinking. Mr. Santee said the parking spaces leased to the restaurant are mainly used by restaurant staff. He discussed the visibility ofthe restaurant in relation to the parking located along Prospect Avenue. Mr. Santee discussed the need for the extension of the hours. He stated people in general are eating out a lot less due to the economic times. The restaurant needs to attract whatever customers they can. Mr. Santee stated the Richard Rogers, Chair Planning & Zoning Commission Meeting July 23, 2009 PZ-18-09 Page 3 of7 restaurant has discussed the hours of operation with patrons; the patrons want to go to dinner later in the evening on the weekends. Mr. Santee said the valet requirements were a part of the original lease, but no one uses it. He stated the parking along Prospect Avenue is plentiful; it's an expense that is not needed for the restaurant. Chairman Rogers understood the valet parking situation and has never had a problem parking along Prospect A venue. He agreed that the Petitioner no longer needed this agreement, but wanted to hear from the residents in attendance at the meeting. Mr. Youngquist said the valet option was discussed at length with the original agreement; he stated parking is widely available along Prospect Avenue after 5 p.m. Mr. Floros agreed with eliminating the valet requirement, there is not a parking problem along Prospect Avenue during the evening hours. Mr. Beattie stated that he did have issues with the operation hours. He did not know of another restaurant in comparison that is so close to a residential area. There was general discussion regarding the operation of hours if a party showed up at 7 p.m. and the restaurant would have to close at 10 p.m. Mr. Santee discussed that there would be concerns if the main source of parking was along Pine Street or in the Village owned lot rather than Prospect Avenue, but that is not happening. He re-emphasized that there is an over- abundance of parking on Prospect A venue. Ms. Wheeler stated that the extended hours would allow her patrons not to be rushed out of the restaurant. She said if there was no one in the restaurant during the later hours, then they would close early. She stated they are not anticipating a huge late night crowd. Mr. Donnelly discussed the parking limit on Pine Street of two hours. He stated that if someone was going to be at the restaurant for more than two hours, they would not be parking on Pine Street. Mr. Donnelly asked if there were any parking restrictions later in the evening on Pine Street. Ms. Wheeler just believed the 2 a.m. to 6 a.m. Village-wide no parking requirement on streets. Chairman Rogers swore in Izabella Kaczynski, 108 S. Pine Street, Mount Prospect, Illinois. Ms. Kaczynski stated that her house is located directly across Pine Street from the restaurant. She knew that valet parking was not the major issue, but as far as she knew it was never offered. There was just a sign that stated free parking in the back. Ms. Kaczynski said the original proposal requested a closing time of 2 a.m. on Fridays and Saturdays only. She has a question regarding the outdoor patio and how it affected the parking requirement. Chairman Rogers stated that the outdoor patio could be there without additional parking spaces needed. He stated that the parking is not really the problem with this case. Ms. Kaczynski stated that the restaurant is closed on Sundays with the exception of private parties. She stated parking does become an issue when the restaurant holds events like this. Ms. Kaczynski said when the restaurant is full, the parking overflows onto Pine Street. Chairman Rogers stated the restaurant is currently only open until 10 p.m. He asked if there were any problems with customers being boisterous when exiting the restaurant. Ms. Kaczynski said there have been a few Richard Rogers, Chair Planning & Zoning Commission Meeting July 23, 2009 PZ-18-09 Page 4 of7 occasions, but not many. She stated that it could get loud with the private parties at the restaurant with patrons smoking outside. Ms. Kaczynski said the other restaurants in the comparison on the Staff report all turn into bars after 10 p.m. The only exception was Canta Napoli that closes at 10 p.m. Ms. Kaczynski discussed that there is an issue with enforcement regarding the two hour parking zone on Pine Street. Ms. Kaczynski was concerned that this case sets precedent for a possible future restaurant at the Subject Property with the same or longer hours. Mr. Floros stated that the restaurant/bar Mrs. P & Me is just as close to a residential zone as the Boulevard Cafe. He said restaurant and the surrounding residential area co-exist. Mr. Roberts asked if the telemarketing organization was still active on Prospect A venue and asked what were their hours. Ms. Kaczynski stated that the telemarketing company is closed Sundays, but open the other days until 6 or 8 p.m. They start at about 6:30 a.m. Chairman Rogers asked if the employees of the telemarketing business park on Pine Street, Ms. Kaczynski said yes. Mr. Roberts wanted to clarifY and make it clear that sounds coming from the outside may not be only from the restaurant. There are other sources and businesses in the area. Ms. Kaczynski showed and presented the Commission a petition that was signed by area residents indicating that they do not want the restaurant to extend its hours of operation. Chairman Rogers stated that the Commission has received seven letters regarding this Planning and Zoning Case; three of the letters are in favor of the amendment to the off-site parking agreement and four are against. Chairman Rogers swore in Mary Ann Wilkinson, 112 S. Pine Street, Mount Prospect, Illinois. Ms. Wilkinson stated that she lives one house away from Ms. Kaczynski. She said that the Boulevard Cafe has been a good neighbor. Ms. Wilkinson stated she has been to restaurant several times and they have always been friendly. She did reference two other downtown restaurants that were not compared by Staff, Tuccios and Michaels. Chairman Rogers swore in Kathleen Jensen, 118 S. Pine Street, Mount Prospect, Illinois. Ms. Jensen said that when this case came to the Planning and Zoning Commission in 2006, Boulevard Cafe originally wanted a 2 a.m. closing time. She stated that the area residents were appalled at the request of 2 a.m. and the Petitioner chose the 10 p.m. closing time. Ms. Jensen said that nothing has changed since 2006 and did not believe it was fair to extend the hours. Chairman Rogers asked Ms. Jensen if she had any issues regarding the parking. Ms. Jensen stated she did not have issues with the parking, but she did have an issue with noise traveling. Mr. Floros said what has changed was that there now was a business at the Subject Property. They may be put out of business if they cannot extend their hours. Mr. Floros stated that the Petitioner did compromise originally by changing the requested hours during the original case from 2 a.m. to 10 p.m. There was general discussion about Pine Street's location to the business district on Prospect Avenue. Chairman Rogers swore in Jim Uszler, 9 S. Elm Street, Mount Prospect, Illinois. Mr. Uszler was speaking on behalf of the Mount Prospect Chamber of Commerce who supported the amendment to increase the hours of operation for Boulevard Cafe. He discussed the struggling economy and that the Commission needed to give all Richard Rogers, Chair Planning & Zoning Commission Meeting July 23, 2009 PZ-18-09 Page 5 of7 the tools they could to help a business survive. Mr. Uszler stated the Chamber's board discussed this case at length and asked questions why the surrounding neighbors were upset about this case. He said that this case is important to the Mount Prospect community because of the need of a viable downtown and asked for the Commission's support of this case. Chairman Rogers swore in Jason Bell, 108 S. Pine Street, Mount Prospect, Illinois. Mr. Bell stated that parking has not been a major issue in the case and it has been mentioned that Prospect A venue has been able to hold all the parking. He stated it is because business is down and there are not a lot of customers at the restaurant. If the restaurant business picks up, Mr. Bell believed that overflow traffic would go to Pine Street. Mr. Bell asked if food would be served until 1 a.m. He also wanted to know if the outdoor dining area would be open until this time as well. Chairman Rogers referred Mr. Bell's questions to the Petitioner. Ms. Wheeler said full dinners would be served until 10 p.m., after 10 p.m. smaller dishes and appetizers would be served. Ms. Wheeler stated that they would serve outside as well. Ms. Wheeler wanted to clarifY when they first came to the Planning and Zoning Commission in 2006. They did not believe business hours would be discussed at the original meeting. They were not prepared to discuss hours. Ms. Wheeler stated the first instinct was to remain open until 2 a.m. because that was what the liquor license was valid until. Ms. Wheeler stated that they were trying to be good neighbors and trying to be successful. Mr. Youngquist thought there were limits on outdoor dining. Mr. Simmons stated that there are limits to how late the outdoor dining could be utilized to. The Petitioner would not be able to stay open until I a.m. outside. Mr. Simmons further clarified that if the restaurant is serving alcohol at any point they would have to provide some sort of food items while patrons are consuming alcohol on the premises. Chairman Rogers asked about the liquor license hours for Boulevard Cafe. Mr. Simmons stated that the liquor license requirements for the Village would allow the restaurant to be open until 2 a.m. Mr. Simmons said that if the Planning and Zoning Commission voted to amend the hours of the parking agreement, the Petitioner would may have to amend the hours of the liquor license to serve alcohol if a similar restriction was placed on their license. There was general discussion regarding amending the parking agreement. Mr. Donnelly asked if the Petitioner would be able to extend the hours to 12 a.m. or 11 p.m., rather than 1 a.m. Ms. Wheeler stated that they could consider this; she did re-emphasize that if no one is in the restaurant late, they would close for the evening. Mr. Youngquist also asked for a compromise of 12 a.m. This would give patrons two hours to eat by 10 p.m. He felt that if the restaurant was open to 1 a.m., it would be more of customers coming in to drink alcohol or eat appetizers. Ms. Wheeler said that she would be okay with a 12 a.m. closing time. Mr. Youngquist asked how many seats were in the restaurant. Ms. Wheeler stated 43. There was additional discussion regarding parking along Pine Street. Mr. Youngquist said there is a condition in the off-site parking agreement that this Village may require the Petitioner to provide valet parking ifparking is an issue in the future. Mr. Santee stated with 43 seats in the restaurant, there should be no need for patrons to park on Pine Street. Mr. Santee said disturbance issues could be resolved by the Police Department. He said to date; the record has shown that the police have not had an issue with the patrons of Boulevard Cafe. Mr. Beattie stated the neighbors on Pine Street have said the Petitioner has been a good neighbor. He does not believe anyone has said the patrons are unruly or loud. Richard Rogers, Chair Planning & Zoning Commission Meeting July 23, 2009 PZ-18-09 Page 6 of7 Mr. Donnelly discussed that the majority of downtown restaurants have residences that are located close by. Ms. Jensen asked how the valet parking would work. Mr. Youngquist said if there were enough complaints with Staff, then Staff would advise the restaurant of the valet condition in the off-site parking agreement. Chairman Rogers asked Mr. Youngquist if he was recommending that the hours open on the weekends be changed from the requested 1 a.m. time to 12 a.m. Mr. Youngquist believed 12 a.m. was a good time; he stated this would be up to the Petitioner. Mr. Donnelly stated that the Petitioner did agree to 12 a.m. Chairman Rogers clarified with the Petitioner that a 12 a.m. closing time on Friday, Saturday, and Sunday nights would be manageable. Ms. Kaczynski said Sunday night was not a weekend night as most people have to go to work early on Monday mornings. There was general discussion regarding the private parties on Sunday. Ms. Wheeler stated she would like to keep the restaurant open until 12 a.m. on Sundays. Chairman Rogers said he would like to see all three weekend days to allow the restaurant to remain open until 12 a.m. He stated this may help out the economic situation of the restaurant, but also compromise with the surrounding neighbors by not being open until 1 a.m. Mr. Youngquist made a motion to approve an amendment to an off-site parking agreement that provides up to 15 off-site parking spaces as allowed per Sec. 14.2206 of the Village Code for the restaurant located at 143 W. Prospect Ave, Case No. PZ-18-09, said amendments to be as follows: 3. The amendment of the hours of operation to close at 12:00 a.m. on Friday, Saturday and Sunday; and 4. The removal ofthe valet attendant(s) requirement subject to the following condition: a. If a parking problem develops in the future in relation to the restaurant, the Village may require the petitioner to provide valet parking services to address the problem." Mr. Donnelly seconded the motion. The Planning & Zoning Commission's decision is final for this case. UPON ROLL CALL: AYES: Beattie, Donnelly, Floros, Haaland, Roberts, Youngquist, Rogers NAYS: NONE Motion was approved 7-0. Mr. Donnelly made a motion to adjourn at 10:01 p.m. The motion was approved by a voice vote and the meeting was adjourned. Ryan Kast, Community Development Administrative Assistant Richard Rogers, Chair Planning & Zoning Commission Meeting July 23, 2009 PZ-18-09 Page 7 of7