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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