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PLAN COMMISSION 2012/12/12 MinutesThe City of Lake Forest Plan Commission Proceedings of the December 12, 2012 A regular meeting of the Lake Forest Plan Commission was held on Wednesday, December 12, 2012, at 6:30 p.m., at City Hall, 220 E. Deerpath, Lake Forest, Illinois. Commission members present: Chairman Jack Reisenberg, Commissioners Augie Ziccarelli, Lloyd Culbertson and Michael Ley. Commissioner absent: John Anderson, Jeff Kuchman, Jim Carris Staff present: Megan C. Neuman, Planner, Catherine Czerniak, Director of Community Development 1. Introduction of Commissioners and staff. Chairman Reisenberg introduced the members of the Commission and City staff. 2. Approval of minutes of the November 14, 2012 Plan Commission meeting. The minutes of the November 14, 2012 Plan Commission meeting were approved as submitted. 3. Presentation and Public Hearing: Bicycle Master Plan – Working Draft Chairman Reisenberg introduced this item noting that this is the second in a series of three anticipated meetings the Plan Commission will hold to review, hear public comment and offer input on the Bicycle Master Plan. He invited a presentation from City staff. Ms. Neuman presented the working draft of the Bicycle Master Plan noting that the Commissioner’s received a copy of this work in progress in their packets. She reviewed that the Bicycle Master Plan was first introduced to the Commission at the October meeting. She explained that the Master Plan is being presented to the Commission in draft form at this time to give the Commission time to get familiar with it before it is presented to the Commission in January for action. She recognized members of the Bicycle Master Plan project team and other interested parties in attendance at the meeting and thanked them for their participation. She reminded the Commission that the Bicycle Master Plan is intended to be a high level document that will support future improvements in bicycle routes and infrastructure, increase awareness in the community about Plan Commission Minutes – December 12, 2012 Page 2 of 14 bicycling and educate bicyclists and non-bicycle riders. She reviewed the process to date noting that several community workshops were held over the past year and explained that the ideas, questions and information from those meetings formed the foundation of the Master Plan. She added that during the process of developing the Master Plan, conversations about what should be addressed in the Master Plan have continued at various meetings. She stated that as the Plan is being finalized, comments received will continue to be incorporated. She summarized the input received from residents during the process noting that residents identified local destinations they like to bike to, regional bicycle connections they use and “dream routes”, places they would like to be able to get to on their bicycles. She reviewed a graphic from the Master Plan that classifies people into groups, those that enjoy recreational biking on smooth pavement and trails (30%), fearless bikers who bike despite conditions (a very small percent), people who are confident and enthusiastic bicyclists and the last group, the largest at about 60%, people interested in bicycling, but need encouragement, support and information about bicycle routes. She reviewed the key points from the discussion to date noting that most streets in Lake Forest are low traffic and low speeds and as a result, are conducive to bicycling without further improvements. She stated that many good bicycle routes exist making it possible for residents to bike fairly easily from their driveways to their destinations. She noted that there are some areas where people do not feel safe riding bicycles including for instance, Waukegan Road, near the train station in the Central Business Districts and at busy intersections. She stated that some key bike routes already exist in the community and could be improved by efforts such as adding directional signage and encouraging both bicyclists and motorists to share the road. She summarized that the primary existing bicycle routes in the City are north/south routes. She stated that these routes are well maintained and well used. She stated that the community lacks good east/west routes noting that some east/west roads are not suitable for bicyclists. She reviewed the goals identified in the plan: increasing awareness of bicycling, improving connectivity of safe bicycle routes, supporting healthy life styles and encouraging bicycles rather than cars to be used for short trips. She explained that the Master Plan is divided into three sections first, purpose and public process; second, a description of the bicycle route network and identification of tools that should be used to improve and support the network; and third, a discussion of the “five e’s”of supporting bicycling, engineering, education, encouragement, enforcement and evaluation. She noted that the Master Plan identifies key routes and essential connections and intersections needed to support the key routes. She noted that the Master Plan does not solve problems, but establishes a framework for addressing the issues identified. She explained for instance if a road or intersection is scheduled for repair or improvement, the Bicycle Master Plan will be consulted to determine whether bicycle related improvements should be added to the project. She noted that one area of study during the development of the Master Plan identified alternative bike routes in areas where the most direct route may be a street that Plan Commission Minutes – December 12, 2012 Page 3 of 14 is too busy to safely accommodate bicyclists. She noted for example that Onwentsia Road, Ahwahnee Road and Ahwahnee Lane were identified as alternative bicycle routes to Deerpath, a busier road. She noted that another area of study focused on existing roads that offer opportunities to make bicycling safer such as Westleigh Road where the existing street width offers the opportunity to add bicycle lanes without building a wider road. She acknowledged that increasing bicycle safety and convenience at large intersections is difficult but noted that tools such as adding colored pavement to guide bicycles across intersections and reconsidering the timing of traffic lights were identified for consideration. She stated that creating more predictability at intersections was also identified as a way to improve bicycle safety. She stated that the Route 60 Corridor was identified as a key opportunity area because of the potential for connecting existing bicycle routes, open spaces and destinations in the area. She stated that the Central Business District was also identified as an opportunity area with discussions about improving commuter bicycle parking and improving the McClory bike path which now extends through the middle lane of the commuter parking lot. She noted that ideas such as putting temporary bicycle racks in a parking space in the Central Business District during the warmer summer months were offered in the public discussions. She reiterated that appropriate signage and pavement markings can help direct bicyclists to certain areas and help to alert motorists to the presence of bicyclists. She concluded noting that in January, staff will be recommending that the Plan Commission recommend acceptance of the Bicycle Master Plan to the City Council and that the City’s Comprehensive Plan be amended to recognize and support the Bicycle Master Plan. She encouraged Plan Commissioners’ input and questions about the draft Master Plan stating that between this meeting and the January meeting; it will be refined and finalized. Chairman Reisenberg invited questions from the Commission. In response to questions from Commissioner Culbertson, Ms. Neuman confirmed that the role of the Master Plan is to identify areas where enhancement of bicycle routes and connections is needed. She added that the Master Plan will offer recommendations for consideration but stated that the technical analysis of what the specific improvements will be will occur in the future, as work is scheduled on various roadways and funding becomes available. In response to questions from Commissioner Ley, Ms. Neuman confirmed that early in the planning process, a survey of Lake Forest residents was conducted and like other communities, it appears that many people are interested in recreational bicycling and may be encouraged to bicycle more if routes are improved and more information about safety and available routes is provided. Plan Commission Minutes – December 12, 2012 Page 4 of 14 Commissioner Ley stated support for improving the safety of the bicycle path that currently travels through the commuter parking lots along McKinley Road. In response to Commissioner Ley, Ms. Neuman stated that about one out of five bicycle/car incidents occur in the commuter parking lot noting that motorists have a hard time seeing bicyclists traveling through the parking lot and crossing Deerpath and Westminster mid-block. She stated that the City is pursuing a grant to fund separation of the bike path and the parking lot. She confirmed that in addition to receiving input from Lake Forest residents during the Master Plan development process, comments were also received from more serious bicyclists who participate on bicycle teams that travel through Lake Forest. In response to questions from Commissioner Ziccarelli, Ms. Neuman acknowledged that physical changes to bicycle routes will require funding which could be pursued through grants. She explained that the Master Plan tries to identify low costs means to make biking safer and more inviting and she acknowledged that educating both bikers and drivers is important, as well as enforcing the rules of the road on all parties. In response to questions from Chairman Reisenberg, Ms. Neuman stated that the intent is to bring the complete Bicycle Master Plan back to the Commission in January for action. She invited the Commissioners to submit any additional comments so they can be incorporated as the Master Plan is being finalized. In response to questions from Commissioner Culbertson, Ms. Neuman stated that with the approval of the Master Plan, the hope is that the City will be better positioned to be awarded grant funding for bicycle related projects. She added that planning efforts to date have been coordinated with the Village of Lake Bluff, the County, Forest Preserve and Lake Forest Open Lands to support regional connections. She confirmed that the Master Plan provides opportunities for all types of improvements even higher cost improvements such as overpasses, but stated that the focus is on improvements and actions that can be implemented easily and quickly. Chairman Reisenberg invited public comments. Barbara, a representative of the Active Transportation Alliance, an advocacy group and consulting firm, stated support for the community’s efforts to develop a Bicycle Master Plan and noted that other North Shore communities are also working on plans. She stated that she looks forward to seeing the Master Plan adopted. 4. Presentation and Public Hearing: Consideration of a request for approval of a Special Use Permit to authorize a full service restaurant and a bar with light Plan Commission Minutes – December 12, 2012 Page 5 of 14 food service both within 150 feet of a residential zoning district in two tenant spaces at 950 N. Western Avenue. Property Owner: Westwood Square LLC Proposed Businesses: Westwood Bistro and 9 Fifty Whiskey Bar Representatives: Jeffrey Schnoll and Ted Boufis, Lake Forest Restaurant Group, Inc. Chairman Reisenberg asked the Commissioner for any Ex Parte contacts or conflicts of interest. Hearing none, he swore in all those intending to speak on this matter. He invited a presentation from the petitioner. Mr. Schnoll introduced himself and Mr. Boufis, the owners of the Lake Forest Restaurant Group. He stated that they are seeking a Special Use Permit to allow the location of two restaurants in the existing Westwood Square commercial development. He noted that the restaurants are proposed for spaces that were previously occupied by other restaurants. He stated that the Westwood Bistro is proposed in the former Burger King space and the 9 fifty Whiskey Bar is proposed in the former King Maa space. He stated that he is in the commercial real estate and construction business and introduced Ted Boufis, the operator of a successful restaurant in Lake Bluff, Grille 43. He noted that Mr. Boufis has been in the family restaurant business for 15 years and is knowledgeable about the business and current trends and commented that customers keep returning to his restaurant once they have been there. He acknowledged that some of the neighbors have concerns and pointed out that what is proposed are first class restaurants. He stated that detailed plans are being developed and will be presented at the next meeting. He pointed out that, unlike Burger King, the new restaurants will not have early morning hours and he stated that deliveries will occur after 9 a.m. He stated that the intended customers are Lake Forest and Lake Bluff residents and residents from surrounding communities. He commented that the architect for the restaurants is working with the owners of Westwood Square on improvements to the overall site including replacement of the existing fence and attention to lighting and screening for the property to improve upon current conditions for the neighboring property owners. He commented that the site has ample parking, both on the site, including 60 spaces under the building and in the nearby Central Business District employee parking lot. He stated that this site is well suited for restaurants. The Commission took a brief recess to review correspondence that was received. Chairman Reisenberg invited a staff report. Ms. Czerniak described the City’s Central Business District noting that the most intense commercial development is located near Market Square and that the intensity of development steps down as the business district moves away from Market Square to the north and south. She noted that the Business District is elongated, extending along Western Avenue and interfaces with the adjacent Plan Commission Minutes – December 12, 2012 Page 6 of 14 residential neighborhood the full length of the business district. She stated that the two new restaurants are proposed in the existing Westwood Square commercial development and will replace two restaurants that were previously located in Westwood Square. She stated that Westwood Square is in the B-2 zoning district, a district that allows a variety of uses including retail, office, restaurants and residential uses. She commented that the business districts are designed to promote interaction between residential and commercial areas and reminded the Commission that historically, there was a greater mix of residential and business uses since residences were located above many businesses in Market Square and throughout the business district. She commented that the two restaurants proposed in this petition, a restaurant with a full menu and bar, and a smaller restaurant with a more limited menu and bar, are exactly the type of businesses residents have requested in the surveys periodically conducted by the City. She added that the restaurants that are proposed are also the kind of uses discussed and identified as positive additions to the business district by various task forces that have been formed to discuss the Central Business District from time to time. She stated that the proposed uses are not unlike other similar uses in the Central Business District and that the Special Use Permit allows a focus on how the businesses are operated, what the facilities look like, how they are maintained and how off site impacts are mitigated. She added that the Special Use Permit provides the opportunity for the City to establish proper rules and to step in to enforce the rules if needed. She acknowledged that over the years, the facilities and operations at this site have generated some complaints from neighboring property owners including complaints about lack of maintenance, timing of deliveries and repair work and noise. She stated that this petition is an opportunity to put clear requirements and operating guidelines in place for the site. She noted that the petitioner is experienced and has another restaurant in the area. She stated that in considering this request, it is appropriate for the Plan Commission to consider the cumulative use of the site and to establish conditions that apply to the overall site as well as the proposed restaurants. She explained that the present request is before the Plan Commission because the current Code requires a Special Use Permit for restaurants located within 150’ of a residential zoning district. She noted the locations of other restaurants in the Central Business District and their proximity to residential neighborhoods. She stated that a Special Use Permit is a tool that can be used by the City to assure that appropriate conditions are put in place to allow different uses to co-exist. She stated that the Commission has received letters on this petition and noted that staff received some calls from neighboring property owners as well. She summarized that concerns were raised about the proposed use in general, parking, maintenance of fencing and landscaping, the proposed outdoor dining, delivery hours and the use of the back alley for parking and staging of vehicles and commented that it is appropriate for these items to be addressed through conditions of approval for the Special Use Permit. Plan Commission Minutes – December 12, 2012 Page 7 of 14 In response to questions from Commissioner Culbertson, Mr. Schnoll stated that the restaurants would receive two to three deliveries a day with some deliveries occurring daily and others every other day. He confirmed that deliveries for the Bistro would be made from the alley, after 9 a.m. He stated that consideration is being given to restricting the alley to one way traffic which would enter from Woodland Road and exit on to Western Avenue to direct traffic and headlights away from the residential neighborhood. He stated that there is an enclosed trash area at the northwest corner of the former Burger King space and small insets around the building for trash for the other tenants. He discussed how the surface parking lot for the development is currently being used noting that employees for Donati’s are parking in the lot to give the appearance of activity since the Burger King space is empty. He acknowledged that customers for Donati’s currently park in the lot as well and will be able to continue to do so. He noted that as activity increases at the center, the 60-car underground parking lot will be used more than it is today. He stated that the availability of the underground parking garage will be emphasized as part of the overall signage plan for the restaurants. He also pointed out the pedestrian access into the center from Western Avenue. In response to questions from Commissioner Culbertson, Ms. Czerniak confirmed that the parking on the site, both surface and underground, is private. She commented that use of the parking can be directed by requirements of the Special Use Permit. She noted the availability of remote employee parking on McKinley Road, in the City owned lots, just across the railroad tracks from this development. She noted that the employee parking is more convenient to this development than to many other businesses in the community. In response to questions from Commissioner Culbertson Mr. Boufis stated that once the new restaurant is open, his expectation is that pedestrian traffic will adjust. Mr. Schnoll commented that at Mr. Boufis’ existing restaurant, valet service is provided during the peak hours. He stated that valet service will be provided at this restaurant as well if needed. In response to questions from Commissioner Culbertson, Mr. Schnoll reviewed the proposed patio confirming that the patio area would be graded to make it level and stated that a wall is planned around the patio. He noted that the wall will provide visual screening, some buffer from the noise and also serve as a retaining wall. In response to questions from Commissioner Culbertson, Ms. Czerniak confirmed that the City Arborist will review existing trees on the site and determine which are quality trees and which are in good condition and assure that the plans for Plan Commission Minutes – December 12, 2012 Page 8 of 14 the patio minimize impact on trees identified for preservation. She confirmed that the lower limbs of trees preserved would need to be removed. In response to questions from Commissioner Culbertson, Mr. Schnoll stated that pervious pavers are planned for the patio surface and that care will be taken to protect the roots of any trees identified for preservation. In response to questions from Commissioner Culbertson, Mr. Boufis stated that the Westwood Bistro will be open from 11 a.m. to 10 p.m. and the Whiskey Bar will be open from 11 a.m. to 11 p.m. Sunday through Wednesday, and 11 a.m. to midnight Thursday through Saturday. In response to questions from Commissioner Culbertson, Ms. Czerniak stated that the Special Use Permit for The Grille restaurant establishes closing times for the kitchen. In response to questions from Commissioner Culbertson, Mr. Schnoll noted that King Maa, previously at the location of the proposed bar, also had a liquor license. He stated that Mr. Boufis has been a restaurateur for a long time and is experienced in handling a bar in a professional manner. In response to questions from Commissioner Ley, Mr. Boufis explained that the Whiskey Bar is also a restaurant but will have a more limited menu and a more casual feel than the Bistro. He stated that the Bistro is expected to attract people of all ages. He confirmed that there will be a kitchen in the Whiskey Bar. He noted that the Whiskey Bar concept follows a current trend of restaurant/bars that offer specialty whiskey and bourbon, similar to the craft beer trend. He stated that the bar is intended to be upscale from the Lantern and Chief’s Pub and similar to other restaurant bars in the community. He stated that his research has included observing the good responses to similar establishments in Chicago and on the North Shore. He stated that currently, he only operates Grille 43. In response to questions from Chairman Reisenberg, Ms. Czerniak explained that liquor licenses are granted by the City Council. She explained that in conjunction with recommendations on the Special Use Permit and the design aspects of the proposed project, the Council will consider the liquor license request. She stated that liquor licenses can establish closing times. Chairman Reisenberg stated an interest in hearing from the property owner noting that there is some baggage on this site due to previous and existing conditions and operations. He stated that there will need to be a demonstration that things will change at the site moving forward. Plan Commission Minutes – December 12, 2012 Page 9 of 14 In response to questions from Chairman Reisenberg, Mr. Schnoll stated that he and Mr. Boufis are working with the property owners and other tenants to make some improvements at the site. He stated that high quality restaurants, in keeping with Lake Forest, are planned and he acknowledged that the site will need to be enhanced to support the quality of restaurants planned. The Commission took a short recess. Chairman Reisenberg invited public comment. Mr. Luginbill, 933 Oakwood Avenue, stated his main concerns. He stated that parking on the site is inadequate for employees and customers noting that the existing parking lot is already nearly full. He stated that the underground garage is almost always empty because people do not know that it exists. He questioned whether signage will be effective in encouraging customers to use the underground lot. He stated that it is unrealistic to think that employees will park in the remote parking lot across the railroad tracks. He stated his expectation that people will park in the adjacent residential neighborhood near families and children. He stated that valet parking is not a realistic option. He stated that in his opinion, traffic and parking issues are enough to reject the proposal. He stated of most concern to him is the noise, congregating and smoking in the back alley due to the staging of pizza deliverers in that area. He stated his expectation that the situation will get worse instead of better with more restaurants at the site. He stated that the proposed outdoor seating is a concern noting that the building does not buffer the noise because he hears the bell ringer at Jewel from his house now. He stated that the proposed businesses will damage the value of his property. He stated that a bar is an inappropriate use at this location noting that the community does not need another bar within 150 feet of residential development and near a business that is a teenage hangout. He stated that family businesses are needed at this location. He stated that it is appropriate to look at the cumulative uses at the site noting that what is proposed is two new businesses in an already crowded location. He stated that additional restaurants will bring an Increase in discarded food and animals. He stated that the proposed concepts are fundamentally unacceptable at this location particularly the sale of alcohol immediately adjacent to his backyard. He asked that the Commission reject the proposal. Marlis Turick, resident of Atteridge Road, stated that she lives 50 feet away from the property in question and has a view of what is going on at this site. She stated that the proximity of the proposed businesses to homes places a heavy burden on this Commission. She stated that the proposed businesses will diminish the value and enjoyment of her property. She stated that once these businesses are operating, with an outdoor patio, she will no longer be able to use her yard because the noise will be filtering into her neighborhood. She stated that no fencing or greenery will be able to provide adequate protection. Plan Commission Minutes – December 12, 2012 Page 10 of 14 She stated that there is an internal courtyard on the site but noted that customers of the pizza place use that space. She noted the other businesses in the development. She reviewed other restaurants in the community noting their location in relation to residential properties. She stated that The Grille restaurant closes at 9 p.m. because of the lack of business. She questioned whether all of the restaurants will be able to survive. She stated that the West Park neighborhood is beautiful and is a connection point for many in the community as they go to West Park, the beach or the high school. She stated objection to an outdoor drinking patio that is open until 11 p.m. or midnight. She stated that when residences are located above businesses, that is a different situation involving lower cost housing as opposed to single family homes being impacted by businesses. She stated that the space does not need to be rented quickly noting that a few months of peace and quiet at the site since Burger King has moved out have been welcome. She stated that whether or not this proposal goes forward, improvements are needed at the site including repair of the fence along Woodland Road. She commented on parking stating that employees will not cross the railroad tracks to park. She stated concern that approving the proposal will destroy the neighborhood. John Julian, 190 Atteridge Road, stated that he has lived in Lake Forest his entire life. He stated that he is speaking on behalf of many families in the neighborhood noting that the full service restaurant may be workable depending on how it looks and how it is operated. He stated that the proposed Whiskey Bar is entirely inappropriate. He stated that serving food does not take away from the fact that alcohol is being served. He pointed out that Donati’s pizza restaurant has evolved into a teen hangout. He stated that at this point, he is undecided on the concept of whether a full service restaurant is appropriate, but certain that a bar is not appropriate. He stated that outdoor seating cannot be permitted noting that noise travels easily across the street to the homes on Atteridge. He stated that hours extending later than 9 p.m. during the week and 10 p.m. on weekends are unnecessary stating that later hours only encourage people to linger and drink. He stated that invariably, the on-site parking will not be adequate and parking will spill over into the surrounding residential neighborhood. He stated that a parking permit system for residents in the surrounding neighborhood may need to be implemented to restrict parking on neighborhood streets. He stated that at a minimum, fencing needs to be in place and maintained in good condition. He stated that the neighbors’ requests are reasonable and asked the Commission to keep in mind that although the restaurants will represent a “night out” for customers, they will be full time neighbors to the residents in the area. Mr. Boyaris, 947 N. Oakwood Avenue, stated that he lives just to the west of the property. He agreed with the concerns voiced by other neighbors. He noted that when Burger King was at this location, he personally had to request that maintenance be performed when it was needed. He stated that the Plan Commission Minutes – December 12, 2012 Page 11 of 14 employees at Burger King were cooperative, but did not know what was going on outside of the building. He stated that he does not have an objection to the proposed full service restaurant but stated that the proposed Whiskey Bar and the outdoor seating are not appropriate. Ms. Boyaris, 947 Oakwood Avenue, stated that she lives in the house closest to the proposed restaurant and noted that due to the location of her house on a corner lot, her house has no buffer from the activity in the alley. She questioned who is responsible for enforcing the restrictions on delivery times and garbage pickups noting that these activities occurred outside of the permitted hours for Burger King. She stated that these activities occur very close to her bedroom window. She stated that she does not agree with the proposed Whiskey Bar. She stated that a bank or store would be a good alternative. Karen Luginbill, 966 Oakwood Avenue, stated appreciation for the background information provided at the meeting and stated agreement with many concerns already stated by the other neighbors. She questioned why the Commission would approve an exception to allow the proposed uses when the site is not currently in good condition or operating in compliance with requirements. She questioned why she should believe that in the future, the site will be handled differently. She stated that even if every concern raised is addressed, she does not want a whiskey bar in her the back yard. Chairman Reisenberg invited responses to the public testimony from staff and the petitioner. Ms. Czerniak clarified that the current City Code requires a Special Use Permit to guide the operations of a new restaurant at this location due to its proximity to a residential zoning district. She stated that the Special Use Permit was not a requirement in the past and stated that through the Special Use Permit, conditions of approval pertaining to the site and operations can be established to address some of the issues identified. She stated that the proposed uses are exactly the type of uses that the community in general has requested based on various resident surveys. She acknowledged that addressing the existing issues on the site is necessary. She stated that this petition is before the Commission at this point for direction on whether efforts to address concerns should continue or whether the Commission believes that the issues cannot be resolved. Mr. Schnoll stated that with proper signage and direction, customers and employees can be directed to the available appropriate parking areas. He noted that the underground garage is large and will provide direct access to the restaurant and shelter from the weather. He noted that customers will be able to leave the restaurant and get into a warm car. He noted that the Whiskey Bar will face Western Avenue and the railroad tracks and will be separated from the neighborhood by the courtyard and the building. He noted Plan Commission Minutes – December 12, 2012 Page 12 of 14 the similarities between the proposed restaurants and The Grille. He noted that the bar will offer food during all open hours noting that some people like to have later dinners. He stated that a signage plan is being developed and will include signage identifying the underground garage for customer parking. He stated that the Whiskey Bar will be a quality restaurant and that both businesses will be positive additions to the community. He stated that Mr. Boufis takes pride in his restaurants and has a presence on the site running the business. Tony Fox, owner of Westwood Square, stated that he resides in Evanston and previously served on the Zoning Board of Appeals there and understands the role of the Commission. He stated that this property has been an under- performing property for him. He stated that he was unaware of many of the complaints raised and stated his interest in addressing the concerns and breathing new life into the development by bringing in high quality tenants. Chairman Reisenberg invited final questions and comments. Commissioner Ziccarelli commented that the petition as presented includes two businesses and questioned whether it would be prudent to consider the two businesses separately. He noted that during the public testimony, there seemed to be more objections to one of the businesses, than to the other. He acknowledged the neighbors’ concerns about noise, parking, lighting and the overall impacts on their investment in their homes and on raising a family in the area. He also acknowledged that he heard the petitioner say that the concerns will be addressed. He asked for quantitative information to allow the potential impacts to be better understood in comparison to what previously existed at this site. He commented that the mechanical equipment used by Burger King will likely need to be replaced and upsized. He asked for information on the exterior impacts of those changes and suggested that an acoustical study be required as part of the construction documents. In response to questions from Commissioner Ziccarelli, Mr. Schnoll confirmed that the new mechanical equipment will be quieter than the existing equipment and will be screened from views of the neighbors unlike what exists today. Commissioner Ley recommended that the noise and parking questions be addressed. He stated that if necessary, consideration should be given to removing the outdoor seating. In response to questions from Commission Ley, Mr. Schnoll stated that in calculating the maximum parking needs at any one time, consideration is given to the fact that not every customer drives a separate vehicle. In response to questions from Commissioner Culbertson, Mr. Schnoll stated that carry out service will be offered, but will only be a small part of the business. He Plan Commission Minutes – December 12, 2012 Page 13 of 14 stated that carry out service would use the front door. He confirmed that deliveries and trash pickup will all occur during the established hours for the building, between 7 a.m. and 6 p.m. In response to questions from Commissioner Culbertson, Ms. Czerniak stated that enforcement of Special Use Permit conditions occur most often based on complaints received by the City. She stated that violations are first addressed through a verbal and/or written courtesy notice followed by a formal notice of violation and fine it the matter is not corrected. She stated that Special Use Permits can also be revoked by the City Council if violations are not corrected within the allowed period. Commissioner Culbertson stated that the Commission must consider whether the proposed use is acceptable based on the Code criteria. He stated that the petitioner will need to address the concerns raised in a convincing manner. In response to questions from Chairman Reisenberg, Ms. Czerniak clarified that the Special Use Permit before the Commission is requested to allow the two proposed new restaurants to occupy spaces in the Westwood Square development. However, she noted that it is reasonable that conditions of the Special Use Permit could include requirements that pertain to the overall site as well as specific conditions for the two new businesses. Chairman Reisenberg noted that he came into the meeting thinking the proposed restaurants were a good idea from a planning perspective but stated that the testimony presented raises some disturbing concerns about the existing conditions of the site that need to be addressed. He cautioned that the process may take longer than contemplated by the petitioners because of the questions that need to be answered and work that needs to be done to address the existing conditions that need to be addressed. He noted that more information is needed to address questions about parking, noise, screening and hours of operation. He encouraged the petitioners to continue to work with staff to provide information and answer questions. Mr. Schnoll stated that he understands the task at hand and will work with the architect, landscaper, existing tenants and property owner to answer and address the questions raised. He stated an interest in talking with the neighbors. 5. Public Hearing: Consideration of amendments to Section 46-10 of the City Code pertaining to fences. Presented by: Catherine Czerniak, Director of Community Development This item was postponed. 6. Public Testimony on non-agenda items. Plan Commission Minutes – December 12, 2012 Page 14 of 14 There was no public testimony on non-agenda items. 7. Additional information from staff. No additional information was presented by staff. The meeting was adjourned at 9:08 p.m. Respectfully submitted, Catherine Czerniak Director of Community Development