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HomeMy WebLinkAboutMinutes - 01/18/2017 - Planning and Zoning CommissionfCity of McHenry Planning and Zoning Commission Minutes January 18, 2017 Chairman Strach called the January 18, 2017 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Doherty, Meyer, Miller, Sobotta, Strach, Thacker, and Walsh. Absent: None. Also in attendance were: Director of Economic Development Martin, City Attorney Cahill, and Administrative Assistant Wolf. Public Input: Mr. James Marinangel requested the City look into the safety of pedestrian traffic on Route 31 between W. Park Place and 302 Front due to the fact there is no public sidewalk on the east side of the roadway, suggesting a possible recapture agreement, etc. Approval of Minutes Motion by Miller, seconded by Thacker, to approve the October 19, 2016 regular meeting minutes of the Planning and Zoning Commission Meeting as presented: Voting Aye: Meyer, Miller, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: Doherty. Absent: None. Motion carried 6-0. Resolution Establishing 2017 Commission Meeting Dates Motion by Thacker, seconded by Sobotta, to pass a resolution establishing the 2017 Planning and Zoning Commission meeting schedule as follows: JANUARY - 7:30 P.M. FEBRUARY - 7:30 P.M. MARCH - 7:30 P.M. 18 Wednesday 15 Wednesday 15 Wednesday APRIL - 7:30 P.M. MAY - 7:30 P.M. JUNE - 7:30 P.M. 12 Wednesday 17 Wednesday 21 Wednesday JULY - 7:30 P.M. AUGUST - 7:30 P.M. SEPTEMBER - 7:30 P.M. 19 Wednesday 16 Wednesday 20 Wednesday OCTOBER - 7:30 P.M. NOVEMBER - 7:30 P.M. DECEMBER - 7:30 P.M. 18 Wednesday 15 Wednesday 14 Thursday Voting Aye: Doherty, Meyer, Miller, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Planning and Zoning Commission January 18, 2017 Page 2 Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Public Hearing: BOONE CREEK CROSSING LLC File No. Z-906 1202-1208 N. Green Street Conditional Use Permit for an expanded site plan review in accordance with the downtown overlay district to allow a theater, restaurant serving alcohol, outdoor seating and entertainment and any other variances required to develop the subject property in substantial conformance with the site plan Chairman Strach called the Public Hearing to order at 7:38 p.m. regarding File No Z-906, an application for a Conditional Use Permit for an expanded site plan review in accordance with the downtown overlay district to allow a theater, restaurant serving alcohol, outdoor seating and entertainment and any other variances required to develop the subject property in substantial conformance with the site plan as submitted by Boone Creek Crossing LLC, 1400 S Illinois Route 31, McHenry, IL 60050. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on December 31, 2016. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk’s Office. In attendance were Don Tonyan, 3423 W. Skyway, McHenry, and Scott Dehn, 7203 Mohawk Dr., Wonder Lake, who were sworn in by Chairman Strach. Mr. Tonyan provided a summary of the request before the Commission at this Hearing stating they are present to ask for approval for outside dining, alcohol and entertainment on the property to take the existing 3-unit building and reconfigure it for a theater and restaurant venue, moving the theater entrance to the North and the restaurant to the South and opening up public access to the Riverwalk. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating Boone Creek Crossing LLC has submitted an application to redevelop the former McHenry Theater building including the use of Walsh Park immediately to the south. The requested action is a Conditional Use Permit for an expanded site plan review in accordance with Downtown Overlay District to allow a movie theater, along with a restaurant, indoor and outdoor entertainment and outdoor seating on Walsh Park as well as potentially on rooftop space (similar to Shakou Restaurant in Barrington). The redevelopment of the McHenry Theater site and building has been a priority for the City since it closed. The theater serves as an anchor for downtown because it draws people to the downtown and will assist in revitalizing not only Green Street but Main Street and Riverside Drive. Planning and Zoning Commission January 18, 2017 Page 3 In 2005 the City Council adopted the Downtown Overlay District. The purpose of an overlay district is to place additional regulations on a specific area, over and above the underlying zoning district. Overlay districts are commonly used as part of preserving, protecting or enhancing certain areas of a city, including: downtowns, historic preservation areas, wetland areas, water recharge zones, scenic viewshed corridors or sign overlay districts. A property owner in a proposed overlay district is required to follow the regulations of the underlying zoning district and the requirements of the overlay district. The DOD the City of McHenry established however seeks to give the property owners additional opportunities to improve their properties or conversely to redevelop their property. In order to deviate from the Zoning Ordinance, however, properties must provide information on the proposed project, follow certain procedures for Site Development Review and meet the criteria established in the Criteria for Review section of the DOD Ordinance. There are two processes for review established in the DOD Ordinance, an administrative site plan review and an expanded site plan review. Administrative site plan review includes all applications that comply with the provisions in the zoning ordinance (a normal building permit application); however, the applicant is required to meet the criteria for review in the overlay district ordinance. Director of Economic Development Martin explained that all applications for expanded site plan review are required to obtain a conditional use permit and follow the conditional use permit process in the City’s Zoning Ordinance. Each application is required to be reviewed by the Planning and Zoning Commission for conformance with the purpose and intent, goals, and criteria for review in the DOD Ordinance. The subject property is zoned C-4 therefore there are no building setback requirements or off- street parking required; however the applicant is proposing the following deviations from other regulations in the zoning ordinance: • Multiple land uses in one building (restaurant and theater); • Outdoor seating and entertainment; • Use of Walsh Park (City-owned property) It was explained that when the request is presented to the City Council staff will include a redevelopment agreement which will address the use of Walsh Park however, for the purposes of the Planning and Zoning Commission, the use of Walsh Park should be reviewed utilizing the criteria established in the DOD Ordinance. It’s the applicant’s intent to utilize Walsh Park in a similar manner as Buddyz outdoor space to the south of Boone Lagoon, which is primarily a patio area with outdoor seating. The applicant is also investigating additional options which may include: additional landscaping within the Planning and Zoning Commission January 18, 2017 Page 4 park area; a wall mural on the south building façade; replacing/repairing the existing seawall and potentially installing a floating boardwalk and/or an amphitheater (public pavilion). Due to the proximity of Boone Lagoon and floodplain the applicant will be required to delineate the boundaries of the floodplain and comply with all requirements in the McHenry County Stormwater Ordinance relating to development in the floodplain. The applicant will work with staff moving forward on these issues but the intended use of Walsh Park is primarily as an outdoor venue for the restaurant with occasional outdoor entertainment and to maximize this currently underutilized public space. The applicant will also be enhancing the west façade of the existing building, utilizing the existing marquee as well as installing other signage which enhances the appearance of the property and accentuates the features of the existing building. The Downtown Design Guidelines address façade renovations as well as signage. The guidelines encourage maintaining and enhancing original building elements; addressing building deterioration and ensuring signage is appropriate for a downtown setting discouraging the use of box signs, exposed neon, flashing and moving signs. There is no requirement for off-street parking in the C4 zoning district and parking within downtown areas in any community is a challenge. However, on Green Street and in the immediate vicinity, there is public off-street parking within walking distance of the site which is underutilized. A parking survey completed by staff depicting parking in the Green Street area was presented. The proposed use is conducive to the neighborhood and a downtown setting and will enhance the downtown. Staff is also erecting additional parking directional signs within the downtown so the parking which is available is utilized. The alley to the north of the building is a private alley which staff has indicated to the applicant should be limited to a non-vehicular access for people to patronize the theater, restaurant or any of the other businesses in the downtown area. This also provides a link between the parking lots on Court Street to Green Street and with Venice Avenue being opened to Riverside Drive people who go to the theater and/or restaurant will be able to park on Court Street and access the traffic signal at Riverside Drive and Illinois Route 120. The proposed use is consistent with the City’s Core Downtown Sub-Area Plan and goals for downtown revitalization. The applicant will complete façade enhancements to the building consistent with the Downtown Design Guidelines including the reuse of the existing marquee. The applicant is also proposing to enhance Walsh Park as part of the project and utilize the existing topography and proximity to the water. Staff believes the use is compatible and complimentary to neighboring properties and will not adversely impact the health or neighboring properties. The addition of a restaurant along with the theater will only enhance and maximize the use of the building and contribute to the vitality of the downtown area. Planning and Zoning Commission January 18, 2017 Page 5 The applicant is proposing landscape improvements to Walsh Park which will complement the existing Riverwalk on the south side of Boone Lagoon. Finally, the proposed uses will be an economic benefit to the City; greatly improve a currently blighted structure; enhance the tax base and provide a much-needed destination which benefits the entire downtown and City as a whole. Director of Economic Development Martin stated Staff is recommending approval of a Conditional Use Permit for an expanded site plan review in accordance with the downtown overlay district to allow a theater, restaurant serving alcohol, outdoor seating and entertainment and any other variances required to develop the subject property in substantial conformance with the site plan submitted subject to the conditions stated in the staff report, and staff finds the application is in conformance with the purpose and intent, goals, and criteria for review in the DOD Ordinance. Chairman Strach invited questions and/or comments from the Commission. Commissioner Meyer asked what the capacity of the movie theater auditoriums will be and where the entrance for the theater will be located. Mr. Dehn responded there will be two auditoriums each holding approximately 175-185 people and Mr. Tonyan stated the theater entrance is proposed to be on Green Street but at the north end of the building. Commissioner Doherty inquired as to the layout of the building, possible vehicular usage of the alley, and the outdoor seating area. Mr. Tonyan and Mr. Dehn stated the exact layout and design of the outdoor patio is as yet undetermined due to stormwater requirements but that the grades won’t change too much. The long term plan is to connect to the Riverwalk if possible, perhaps adding a gazebo. There are future hopes to add a third auditorium to the project, but at the present time the alley will open up as a walkway to the parking in the rear. There is no intent to open the alley for vehicular traffic because with the old theater usage it became dangerous to pedestrians and employees of the theater when it was a “driveway”. The theater seating will be completely re-done as will the screens and sound system. Commissioner Miller asked for a better description of the proposed project. Mr. Tonyan responded they intend to remove the wood front on the building and replace it using stone and masonry to offer a better downtown feel. The restaurant/bar will be a branch of DC Cobbs in Woodstock with the bar on one side and dining on the other with an outside patio. Mr. Dehn stated he runs several theaters in downtown areas and which are very family oriented and he plans on doing the same thing here. Director of Economic Development Martin stated that the owner of DC Cobbs, Dan Hart, has been part of the project and has been active in all discussions. Commissioner Thacker asked which is the leading or “grand” scheme of the project, the restaurant or the theater. Mr. Dehn stated they are looking at the project as a whole with the intent to get people into the downtown district and give them a reason to stay. The money- Planning and Zoning Commission January 18, 2017 Page 6 maker in theaters is in concession sales; this project is in a great area and it is a trend to have the opportunity to have meals served in theaters because it provides a reason to go out for the entertainment. They are hoping to include a special seating section in front where you can dine while watching the movie similar to a theater in Barrington, which is the closest theater with this trend. Commissioner Thacker asked how the outdoor entertainment will be monitored or offered without causing problems with other establishments in the area offering the same thing at the same time. Mr. Tonyan and Mr. Dehn agreed that will need to be addressed as part of the plan is for some sort of entertainment being offered but it will not always be bands or music and could, in fact, include outdoor movies on the exterior wall of the property. They further stated they will of course be cooperative with other establishments in the downtown area. Commissioner Miller asked if the rooftop concept is being planned in this first phase of the project or later. Mr. Tonyan stated they are considering it immediately but everything will depend on the budget. They are hoping to have access to the rooftop from exterior stairs on the south side. There are secondary stairs currently inside, however they need a lot of work and there is no elevator so they believe the rooftop may hold a maximum of 45 people at any one time. The proposal is for the rooftop to be the south third of the roof in the front. Commissioner Miller asked if the floor plan presented is close to being a final plan. Mr. Tonyan stated that it is not, but they are presently working on adding another set of bathrooms and establishing the full concept in a final design. There may be some ADA challenges needing to be looked into, but most other challenges have already been addressed. Director of Economic Development Martin stated the City has worked on this for over a year with the broker trying to help this concept come to reality; there have been challenges but this group is a core group in each element that is being proposed and the final project will be a exceptional showcase for the downtown district contributing to the vitality of the area. Commissioner Thacker requested the group is sure to look into proper alleyway lighting from a safety standpoint. Mr. Dehn stated it will be addressed and they’re confident it will be sufficient. Commissioner Doherty asked if the outdoor furniture on the patio will be permanent or movable and able to be put away for the winter and if its use will be exclusive for the new establishment or open to the public as well. Mr. Tonyan stated it is part of the establishment with gated barriers but a path to the Riverwalk will be provided. He further stated they would consider opening it to public use when not being used by the establishment. Director of Economic Development Martin stated they will have to address it in the agreement but will also have to follow building guidelines for wind and weather as well in regard to the patio. Planning and Zoning Commission January 18, 2017 Page 7 Commissioner Thacker asked how liability in use of the city park property will be addressed. Director of Economic Development Martin stated it will be addressed with the city attorney when the agreement is done. Chairman Strach opened the floor to questions and comments from the audience. The following were sworn in by Chairman Strach prior to their addressing the Commission: Mr. Shawn Geraty, owner of Source Low Voltage at 1218 Green St., asked if the possibility of having two establishments allowing outside entertainment at the same time will be addressed. Mr. Tonyan stated the concerns are valid and they will have to look into it. He further stated outdoor entertainment is not being considered on the rooftop and they have every intent of being good neighbors. Mr. Geraty asked if the theater equipment and furniture quality is being upgraded. Mr. Dehn stated there will absolutely be upgrades including digital equipment and sound, reclining seats and first run movies being shown. Director of Economic Development Martin added there is a condition listed on the recommendation as to the hours of entertainment and assured Mr. Geraty his points were heard. Mr. Vic Santi, 3717 W. High Street asked if there will still be public access to the park from Green Street and whether or not the trees in the park will remain. Mr. Tonyan replied they are still proposing some sort of public access and to not intend to remove any trees. Mr. Santi also inquired as to the number of seats being proposed both inside and outside the restaurant and how it compares to industry standards, further stating he is hoping the inside seating will allow the project to remain successful even in winter months when the outside area is not being used. Mr. Tonyan stated the preliminary plan allows for more seating inside than outside. Mr. Dehn added that the proposal allows for food to be served inside the theater as well which will help provide success all year round. He also stated the industry standard for downtown theaters is 200 seats or less as being ideal for first run movies. Mr. Santi inquired if there will be an option for inside entertainment in the theater space as well. Mr. Dehn responded there can be that option but added the movie industry is very restrictive so they will be limited. Mr. Santi asked about the buildout timeframe. Mr. Tonyan responded they hope to get everything finalized to be able to begin buildout in the summer (6 months or so). Chairman Strach closed the public comment portion of the hearing at 8:20 p.m. Commissioner Miller asked if the theater would only operate at night or would be open during the day as well. Mr. Dehn stated he believes it will be open daytime weekends and weekdays as well as nighttime hours. Motion by Meyer, seconded by Miller, to recommend to the City Council with regard to File No. Z-906, approval of an application for a conditional use permit for an expanded site plan review in accordance with the downtown overlay district to allow a theater, restaurant serving alcohol, outdoor seating and entertainment and any other variances required to develop the subject Planning and Zoning Commission January 18, 2017 Page 8 property in substantial conformance with site plan submitted subject to the following conditions: 1. Applicant must comply with all regulations of the McHenry County Health Department; 2. Applicant must enter into a redevelopment agreement with the City to address the use of Walsh Park; 3. A topographical survey of Walsh Park must be completed to delineate the floodplain and applicant shall work with staff to obtain any required approvals, if necessary, from the Federal Emergency Management Agency prior to any site work within Walsh Park; 4. The alley to the north of the building shall remain a non-vehicular access for pedestrians only after construction is completed; 5. No outside entertainment is permitted after 10:00 pm Monday through Thursday nights, or after 11:00 pm Friday through Sunday nights; 6. A decorative-style fencing shall be utilized to enclose the proposed outdoor patio, which is transparent, less than 50% opacity and may include: decorative PVC, vinyl, or wrought iron but not include chain link, solid wood or other fencing which is more than 50% opacity (similar to Buddyz on south side of Boone Lagoon); 7. The applicant shall comply with the Downtown Design Guidelines utilizing and enhancing original building elements; 8. In accordance with the Downtown Design Guidelines the use of box signs, exposed neon, flashing and moving signs is prohibited; and be granted, and the application is in conformance with the purpose and intent, goals, and criteria for review in the DOD Ordinance, including the aforementioned conditions being addressed. Voting Aye: Doherty, Miller, Meyer, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Commissioner Doherty opined this project will be a great addition for the City. Commissioner Miller stated this project is very good for the City and appears to be in good hands of all the right partners in the planning stages. Chairman Strach closed the Public Hearing regarding File No. Z-906 at 8:25 p.m. Planning and Zoning Commission January 18, 2017 Page 9 Staff Report The next Planning and Zoning meeting is scheduled for Wednesday, February 15, 2017. Adjournment Motion by Miller, seconded by Thacker, to adjourn the meeting at 8:30 p.m. Voting Aye: Doherty, Miller, Meyer, Sobotta, Strach, Thacker, and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. The meeting was adjourned at 8:30 p.m. Respectfully submitted, __________________________________ Dorothy M. Wolf, Administrative Assistant City of McHenry