HomeMy WebLinkAboutMinutes - 02/15/2017 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Minutes
February 15, 2017
Chairman Strach called the February 15, 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: Meyer, Strach, Thacker, and Walsh. Absent: Doherty, Miller, and Sobotta. Also in
attendance were: Director of Economic Development Martin, City Attorney Gibson, and
Administrative Assistant Wolf.
Approval of Minutes
Motion by Thacker, seconded by Walsh, to approve the January 18, 2017 regular meeting
minutes of the Planning and Zoning Commission Meeting as presented:
Voting Aye: Meyer, Strach, Thacker and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Doherty, Miller, and Sobotta.
Motion carried 4-0.
Public Hearing: John J. Smith
File No. Z-905
3315 Pearl Street
Conditional Use Permit to allow an assembly use (public/private event/gathering space)
along with outdoor seating and entertainment and any other variances required
effectuating the aforementioned request.
Chairman Strach called the Public Hearing to order at 7:30 p.m. regarding File No Z-905, an
application for a Conditional Use Permit to allow an assembly use (public/private event/
gathering space) along with outdoor seating and entertainment and any other variances
required effectuating the aforementioned request as submitted by John J. Smith, 3315 Pearl
Street, McHenry, IL 60050.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on
January 25, 2017. 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 was John Smith, 200 S. Green St., McHenry, who was sworn in by Chairman
Strach. Mr. Smith provided a summary of the request before the Commission at this Hearing
stating he is requesting a conditional use permit for his property at 3315 Pearl Street, McHenry
as stated in the narrative attached to his application.
Planning and Zoning Commission
February 15, 2017
Page 2
Director of Economic Development Martin provided the Commission with the Staff Report
regarding this matter stating in June 2016 the Planning and Zoning Commission considered a
request by Mixin Mingle, a company which leases a gathering space utilized for public and
private events. The leased space can be rented out for a party, office gathering, or other event
to users following completion of an application process. The request was subsequently
recommended for approval by the Commission and approved by the City Council.
John Smith is petitioning the Planning and Zoning Commission for a similar use at 3315 Pearl
Street, the former Hostess Thrift Shop, now Smith’s Central Garage
www.smithscentralgarage.com. After months of interior and exterior renovations completed
primarily by John Smith himself, the building is completed and ready to be utilized as a public
gathering/event space. Mr. Smith is also seeking an outdoor seating/entertainment area
immediately west of the building. At this time the outdoor space is not finished to a point
where it could be utilized however the applicant would like the opportunity to offer this
outdoor area for use by tenants in the future. Similar to Mixin Mingle a conditional use permit
to allow an assembly use is required. The zoning ordinance definition for an assembly use was
given.
The proposed use at 3315 Pearl Street will bring people to downtown and serve as a
destination for people to use a space to host a public/private event. Director of Economic
Development Martin stated the accompanying narrative and photographs provided a great
written and visual presentation of the building. It is currently a viable event, gathering and
party space as well as a great example of the adaptive reuse of an existing older commercial
space for another viable business.
An important aspect of downtown revitalization is attracting people downtown and keeping
them there as long as possible-similar to a shopping center. The proposed use at 3315 Pearl
Street will assist in attracting people downtown that may not typically go downtown and this
includes people in the City and outside of the City. This is also an “add value” for other area
businesses which may benefit from people who may not otherwise visit downtown McHenry.
Additionally, patrons who utilize Smith’s Central Garage will hire caterers for food which is
another opportunity for McHenry businesses.
Another draw for users of Smith’s Central Garage is the close proximity to Veterans Memorial
Park and the opportunity to have an event at the park and a reception or after-party at Smith’s
Central Garage. At this point all the events at 3315 Pearl will be inside, however the applicant is
planning on improving the outdoor area directly to the west of the building at some point in the
future. The outdoor space is approximately 1,000 square feet.
The subject property is zoned C-4 therefore no off-street parking is required by ordinance and
the request before the Commission is solely for the gathering space at 3315 Pearl and outdoor
use of the space immediately to the west of the building. The proposed use is conducive to the
neighborhood and a downtown setting and will enhance the downtown.
Planning and Zoning Commission
February 15, 2017
Page 3
There is a Municipal Parking lot immediately to the east of the building in addition to on-street
parking on surrounding streets, as well around the perimeter of Veterans Memorial Park.
Director of Economic Development Martin stated letters and correspondence have been
received by the Commission from Ms. Maureen Bazan, owner of the property directly west of
the subject property, stating concerns with the request. The letters, pictures and
correspondence were given to the commissioners and made a part of the public record.
Director of Economic Development Martin stated Staff is recommending approval of a
conditional use permit to allow an assembly use at 3315 Pearl Street, along with outdoor
seating and entertainment with the following conditions:
• Access to the outdoor seating area shall be perpetually restricted to the free flow of
pedestrian traffic and generally be directly through the building with the exception of
emergency access. The outdoor patio shall be completely fenced-off to the general public
around the perimeter, with a gate parallel to Pearl Street. Outdoor seating shall be limited to
the subject property only;
• Applicant shall submit a permit for the outdoor seating area, including proposed fencing
and gate as well as ingress and egress points prior to utilizing the outdoor area on the subject
property in conjunction with any event in the building on the subject property;
• A decorative-style fencing shall be utilized to enclose the proposed outdoor patio area,
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;
• Applicant must comply with all regulations of the McHenry County Health Department as
well as all provisions of the City of McHenry Alcoholic Beverages ordinance;
and Staff finds the requirements of Table 31 for Conditional Use Permits, of the zoning
ordinance have been met.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Walsh asked how many tables are expected to be fit in the outside area. Mr.
Smith stated a water main tap for the sprinkler system would need to come across the street
and a pit would need to be dug and put in the alley area for the equipment. It will then be
surrounded by paver’s brick and just be an outside seating area/patio for the overall concept to
be complete. He is unsure of how much seating will fit until after the work is completed.
Commissioner Thacker commended Mr. Smith on the remodeling job that has been done on
the property. He stated the narrative stated it is 3500 sq. ft and will increase to 7000 sq. ft.
when sprinkled. Mr. Thacker asked for clarification on what Lot 3 is on the drawings submitted.
Mr. Smith responded Lot 3 is at the rear of the building and remodeling is completed in that
space, however the issue is in the sprinklers being added and only when that is done will the
Planning and Zoning Commission
February 15, 2017
Page 4
capacity of the building be increased. The work is very costly and is still being explored. All fire
codes are met with the building the way it currently exists. Mr. Thacker asked if outside music
is being proposed. Mr. Smith stated that is not his intent or primary function for the outside
space, rather a seating area with perhaps an occasional acoustic guitar player.
Attorney Gibson asked about the conditions being presented and asked Mr. Smith if he is in
agreement with the conditions. Mr. Smith stated he is generally in agreement but has concerns
about the fence. Mr. Smith further stated in regard to the outside area he is envisioning an
ornamental iron gate facing Pearl Street and up to the second window on the west side of the
building and a solid fence for the remainder. This would allow views to the park and street
from inside the building on the west side. Director of Economic Development Martin stated his
recommendation was fencing that is 50% opaque including a gate in front. If a solid fence is
envisioned by the applicant, the City would not be opposed to that. Mr. Martin clarified that
sound will not really be blocked with a fence so a physical decorative barrier is what the City
presented. Mr. Smith said he is open to working with the neighbors but doesn’t think 50%
opaque fencing is going to be desirable to the neighbors. Mr. Martin stated the City is open to
other recommendations by the commission. Mr. Smith stated he also envisions a canvas
awning coming off the building to cover the outside seating area.
Mr. Martin stated the commissioners can recommend removing the 50% opacity
recommendation and just state a full enclosure with a gate is required around the space,
allowing staff to work with the applicant when the fence permit is applied for. Mr. Smith stated
the outside seating area will not be opened up at all in its present state adding he will be
improving the area eventually but still intends to start finalizing events if his request is
approved. He cautioned however that there is a door to the outside seating area on the west
wall and people may filter into the area before it is fully improved. Mr. Martin stated a
recommendation can be made by the commissioners to the timing of the use of the outside
space if they feel the need to do so.
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:
Maureen Bazan, owner of 3317 Pearl Street, next door to the subject property, stated she been
communicating with Mr. Smith about the building and he has addressed most of her concerns
in the discussions so far at this meeting. She is very happy with the work done on the property
and likes the recommendation Mr. Smith made of having a solid fence on the west side to
provide privacy for her tenants. Ms. Bazan suggested she would welcome a more restrictive
recommendation specifically regarding the fence and she doesn’t have an objection to the
outside seating if it is contained as proposed but she would like more limited hours than what
the noise ordinance allows such as outside entertainment ending at 9:30 or 10pm in respect to
her tenants. Her concern about outdoor entertainment is that if Mr. Smith is not present at the
events she is concerned control of the noise can become unmanageable and asked the
commission to perhaps limit outside entertainment to one or two special event times a year.
Planning and Zoning Commission
February 15, 2017
Page 5
Director of Economic Development Martin clarified the noise ordinance does have a beginning
time but if neighbors feel the noise is a nuisance before 11 p.m., they can always call the police
and have them monitor the situation and ask the partiers to bring the noise down – at any time
during an event. Mr. Martin stated he simply wanted to clarify the fact of the noise ordinance.
Mr. Strach stated the property is in a commercial district and is a non-conforming residential
use but further opined the commissioners hear and understand her concerns and will take
them into consideration. Mrs. Bazan stated she has no intention of changing the use of her
building to commercial use as long as she owns it.
Commissioner Meyer opined extreme case scenarios are being presented and the
commissioners will take everything stated into consideration.
Chairman Strach closed the public comment portion of the hearing at 8:02 p.m.
Director of Economic Development Martin clarified the concerns expressed by Mrs. Bazan
were: incorporating a solid fence on the west side of the outdoor seating area, limiting the
outside entertainment to an earlier ending time, and the type of outside entertainment to be
allowed.
Discussion ensued regarding the 3rd bullet point in the conditions presented regarding the fence
as well as the type and timing of outdoor entertainment. Mr. Smith reiterated it is not his
intent to regularly have outdoor entertainment in the outside seating area and would like to be
allowed aesthetic ability to not be locked into only one specific style of fencing. Mr. Smith
stated he will take the neighbor’s concerns into consideration and will do his best to comply
with city regulations and all concerns but does not want to be overly-restricted in comparison
with other similar types of businesses.
Director of Economic Development Martin suggested the Commissioners may strike condition
#3 of the recommended conditions regarding the fence and encouraged Mr. Smith to work with
staff and the neighbors on the type and style of fencing when the permit is applied for. Gate
access off Pearl Street was discussed and explained to Mr. Smith from a safety standpoint.
Motion by Meyer, seconded by Walsh, to recommend to the City Council with regard to File No.
Z-905, approval of an application for a conditional use permit to allow an assembly use at 3315
Pearl Street, along with outdoor seating and entertainment with the following conditions, as
amended:
• Access to the outdoor seating area shall be perpetually restricted to the free flow of
pedestrian traffic and generally be directly through the building with the exception of
emergency access. The outdoor patio shall be completely fenced-off to the general public
Planning and Zoning Commission
February 15, 2017
Page 6
around the perimeter, with a gate parallel to Pearl Street. Outdoor seating shall be limited to
the subject property only;
• Applicant shall submit a permit for the outdoor seating area, including proposed fencing
and gate as well as ingress and egress points prior to utilizing the outdoor area on the subject
property in conjunction with any event in the building on the subject property;
• Applicant must comply with all regulations of the McHenry County Health Department as
well as all provisions of the City of McHenry Alcoholic Beverages ordinance;
be granted, and Staff finds the requirements of Table 31 for Conditional Use Permits, of the
zoning ordinance have been met.
Voting Aye: Meyer, Strach, Thacker and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Doherty, Miller, and Sobotta.
Motion carried 4-0.
Chairman Strach closed the Public Hearing regarding File No. Z-905 at 8:20 p.m.
Staff Report
The next Planning and Zoning meeting is scheduled for Wednesday, March 15, 2017. There are
no cases submitted as of today.
Adjournment
Motion by Meyer, seconded by Thacker, to adjourn the meeting at 8:20 p.m.
Voting Aye: Meyer, Strach, Thacker, and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Doherty, Miller, and Sobotta.
Motion carried 4-0.
The meeting was adjourned at 8:20 p.m.
Respectfully submitted,
________________________________
Dorothy M. Wolf, Administrative Assistant
City of McHenry