HomeMy WebLinkAboutMinutes - 05/17/2017 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Minutes
May 17, 2017
Chairman Strach called the May 17, 2017 regularly scheduled meeting of the City of McHenry
Planning and Zoning Commission to order at 7:31 p.m. In attendance were the following:
Doherty, Meyer, Sobotta, Strach, Thacker, and Walsh. Absent: Miller. Also in attendance were:
Director of Economic Development Martin, City Attorney Cahill, and Administrative Assistant
Wolf.
Approval of Minutes
Motion by Meyer, seconded by Sobotta, to approve the April 12, 2017 regular meeting minutes
of the Planning and Zoning Commission Meeting as presented:
Voting Aye: Doherty, Meyer, Sobotta, Strach, Thacker and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Miller.
Motion carried 6-0.
Public Hearing: JAMIL TAYLOR (JUSTICE GROWN)
File No. Z-908
618 S Illinois Route 31
Use Variance to allow Construction of a Medical Cannabis Dispensary under the
Compassionate Use of Medical Cannabis Act and any other Variances required
effectuating the request on the subject property
Chairman Strach called the Public Hearing to order at 7:33 p.m. regarding File No Z-908, an
application for a use variance to allow Construction of a Medical Cannabis Dispensary under the
Compassionate Use of Medical Cannabis Act and any other Variances required effectuating the
request on the subject property as submitted by Jamil Taylor, Justice Grown, 311 N. Aberdeen
St. #300, Chicago, IL 60607.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on
May 2, 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 Jamil Taylor, VP of Business Development, 6331 S Kenmare, Chicago IL 60637
and Ashley Peterson, CEO Illinois, 3404 W. McLean. Chicago, IL 60607 who were sworn in by
Chairman Strach. Mr. Taylor provided a summary of the request before the Commission at this
Hearing stating Justice Grown is a business founded by a group of attorneys who had issues
with social justice in making sure citizens in the US are served justly. He has been a Vice
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May 17, 2017
Page 2
President with Justice Grown for a year and a half. They currently cultivate in Illinois being one
of 22 licensees. Ms. Peterson stated she currently runs the cultivation center in Edgewood
Illinois (Effingham County) and May 31 will be their one year anniversary. Mr. Taylor and Ms.
Peterson went through a 20 page presentation about their company, background, history of
medical cannabis and why McHenry County is a prime location as a dispensary to serve patients
in the local area. Mr. Taylor gave his corporate financial background and wants to serve and
educate people in the community to help understand why their product is medicine and how to
use it safely and not abuse it. Ms. Peterson stated she was a school principal for Chicago Public
Schools for four years and she taught for seven years prior to that. She left that role to right
some of the wrong views in the community on medical cannabis and giving medical aid to
people in the community with very few side effects. They explained the healing component of
medical cannabis incorporating an overview of the industry. Mr. Taylor and Ms. Peterson
referenced a Chicago Tribune article and quotes regarding safety of medical cannabis
dispensaries. They noted there has never been a robbery or any issues with the organizations
that are currently regulated in Illinois because the security is so highly regulated. Dispensary
licenses are given out based on population. In 2016 there was $36 million in revenue and in
April alone there was $6.6 million in revenue. There are approximately 500,000 people
suffering from 40+ qualifying conditions and about 20,000 patients presently have legal medical
cannabis cards with numbers increasing by 3000 every month. McHenry County was never
awarded a dispensary license in the first run of licensing and there are about five licenses left to
issue. McHenry County is densely populated and the City itself is a perfect location central to
the county. There is a big demand for the product and the closest dispensary is in Rockford.
Only 4000 sq. ft. of the 10,000 sq. ft. building will be used for the dispensary. The rest will be a
community space used for education, yoga, and classes to help people in the community make
lifestyle changes. The location is close to law enforcement, near medical facilities and has a one
way in and out entrance which is not visible from the street. This location is good for
anonymity and safety of clients as well. A percentage of proceeds is earmarked to the local
school districts for things such as offering sponsorship of a DARE officer, partnering with drug
abuse programs, sponsoring health fair events, and partnering with tenants in or near the park
such as chiropractors, massage therapists, and working with veterans and groups suffering from
PTSD. Mr. Taylor and Ms. Peterson encouraged anyone to call Effingham County and they will
be given positive reviews of how Justice Grown operates. They want to be a positive influence
in the community.
The operation will have very high security sponsored by Eagle Security. There will be
approximately 32 cameras for the 4000 ft. space covering every spare inch of the facility.
Delivery of product is typically in the morning during daylight hours and a security guard is on
staff at all times. Security procedures were presented. Illinois is operating a very tight ship in
regard to security of these facilities with no incidents reported to date and they operate
discreetly yet safely. The premises will not look like a head shop or smoke shop but will rather
have a professional, welcoming and medical pharmacy facility design with very discreet signage.
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May 17, 2017
Page 3
Director of Economic Development Martin provided the Commission with the Staff Report
regarding this matter stating the requested action is a use variance to allow construction of a
medical cannabis dispensary at 618 S Illinois Route 31 but also includes a 1,060 square-foot
community space.
The property consists of (two) one-story buildings, 618 and 620 South Illinois Route 31. Lot 2
can only be accessed from Illinois Route 31 by way of an access easement, which is depicted on
the plat of survey. The current zoning of the property was presented.
Director Martin stated in August 2013 the State of Illinois enacted the Compassionate Use of
Medical Cannabis Pilot Program Act (the “Act”), which became effective January 1, 2014. The
Act is in place until July 2020. The Act permits one dispensary in McHenry County. The State of
Illinois Department of Financial and Professional Regulation originally planned to issue 60
permits for dispensary centers in Illinois however there were a few permits for dispensaries
that were not issued and no permit for a dispensary was issued in McHenry County.
An update from the State of Illinois Medical Cannabis Program Pilot website was provided.
Director Martin stated Phoenix Farms of Illinois presented a petition to the Planning and Zoning
Commission which was subsequently approved by the City Council for a medical cannabis
cultivation center at 1515 Miller Parkway in the McHenry Corporate Center. Phoenix Farms of
Illinois was not issued a cultivation license for 1515 Miller Parkway and Fabrik Industries since
purchased, expanded and is operating out of 1515 Miller Parkway.
Amendments to the zoning ordinance pertaining to dispensaries were considered by the
Planning and Zoning Commission and subsequently approved by the City Council and include
dispensaries as conditional uses in the C-5 Highway Commercial District. A definition and
summary of the regulations approved for dispensaries was provided.
The applicant is required to obtain a use variance to allow a medical marijuana dispensary at
the subject property because the City’s zoning ordinance only permits dispensaries as
conditional uses in the C-5 zoning district, and the subject property is zoned O-1.
As part of the application process with the State of Illinois and in accordance with the
provisions of the Act and accompanying administrative rules, Justice Grown is required to meet
several minimum regulations and will be categorically scored based on their ability to
demonstrate how well they address each of the criterion in their application to the state. These
requirements were presented and Justice Grown has included information in their application
packet which addresses all state-mandated criteria.
Form E of the City’s zoning ordinance includes approval criteria to be considered when
evaluating a request for a use variance. Five criteria which the applicant must satisfy to receive
a positive recommendation for the request were provided. The two buildings on the subject
property, 618 and 620 South Illinois Route 31 have been vacant for several years. The site is
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May 17, 2017
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also unique for the simple fact that it meets the strict location requirements outlined in the Act.
Additionally, Route 31 road improvements were recently completed which restrict access to the
subject property and significantly limit the uses which could reasonably locate on the site. First
National Bank closed their facility directly to the north of the subject property due to the access
limitations.
Director Martin stated staff does not believe the proposed use will alter the character of the
area and that it will be a destination business. It is accessed off a major roadway and abuts
vacant land to the south, a vacant building to the north, a multi-tenant office/medical building
to the west and a cemetery to the east. The proposed use is a destination, provides a service to
our community and will draw people from outside the City due to the limitation on the licensing
of dispensaries. Additionally, Justice Grown is including a community space within the building
and has made it clear they want to be active within the City and partner with the community.
Director Martin discussed access and safety of the property. Photographs of the subject
property and surrounding area were presented. Staff’s primary zoning concerns pertaining to
the proposed use include: safety and security for patrons of the proposed business as well as
other businesses on Lots 1 and 2, deliveries and access to the business. If awarded a license,
the operator of the proposed medical cannabis dispensary will be required to provide
continuous uninterrupted video surveillance. Such surveillance must be available “real time”
24 hours/day and accessible by the State of Illinois. Staff presented an email in support of the
project.
Electronic video monitoring is defined as: “’continuous and uninterrupted video surveillance of
dispensary activities and oversight for potential suspicious actions.’” Due to the ambiguity and
subjectivity of this provision staff would recommend 24-hour/day 7 days/week real time video
surveillance to include the entire exterior perimeter of 618 South Illinois Route 31, as well as
the interior of the building. This would include the north, south, east and west sides of the
building, common parking area to the north as well as the ingress/egress to the subject
property from Illinois Route 31. Director Martin highlighted the security and video monitoring
requirements and stated if this request is approved staff will ensure the operator works with
the police department to adequately satisfy this requirement. Additionally, staff recommends
the operator maintain on-site security personnel during business hours which is already part of
their plans.
Staff wants to ensure the parking lot lighting standards comply with the minimum parking lot
lighting requirements set forth in the City’s zoning ordinance and recommends a photometric
plan be submitted to verify this requirement is met, and if the lighting restrictions set forth in
the zoning ordinance are not met staff recommends the applicant install additional/new
standards to comply with the ordinance.
Director of Economic Development Martin stated Staff recommends approval of a use variance
to allow a medical cannabis dispensary on the subject property, at 618 S Illinois Route 31, and
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May 17, 2017
Page 5
any other variances required to effectuate the aforementioned request in accordance with the
Compassionate Use of Medical Cannabis Pilot Program Act, in substantial accordance with the
conceptual architectural plan completed by Perimeter Architects dated 4.18.17 and subject to
conditions as presented and Staff finds all requirements in Table 32(A) of the zoning ordinance
have been satisfied.
Director Martin presented an email and mailed correspondence admitting them to the record
regarding the proposed use as well as an email received today from Ms. Laura Miller objecting
to the use of the property as a medical cannabis facility. Director Martin responded to Ms.
Miller’s email with pictures showing the dispensary will be well over 1,000 ft. from any day care
facility.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Thacker asked for a description and frequency of deliveries. Ms. Peterson stated
that rules and regulations for deliveries state deliveries must be randomized and that Justice
Grown is open to coordinating with the McHenry Police Department which is something they
do in Effingham County. The security officer on the premises will be unarmed but will be very
well trained in other methods of security.
Commissioner Walsh asked about the opiate abuse information given in the power point
presentation on slide 9 and whether or not a reduction in the statistics has been realized. Ms.
Peterson stated they have actually seen a reduction in the statistics on slide 9 since opening as
well as reduced opiate overdose deaths and a reduction in Medicaid costs.
Commissioner Sobotta how the delivery system of cash flow is handled. Mr. Taylor stated cash
bags have tracking devices hidden in them and Smartsafes eliminate the cash till explaining
cash goes in but none goes out by employees working similarly to an ATM. Prepaid cards
purchased can be used which lessens the use of high cash retention building up in the facility.
Mr. Taylor further stated the vault room is in the middle of the facility. Mr. Sobotta asked if
there is a plan to put up fencing in the rear of building. Mr. Taylor stated they have considered
the addition of concrete posts and planters but nothing is definite yet due to high security
already in place. He further stated the product cannot be used inside or outside the facility and
a security guard is always present.
Commissioner Doherty asked how the product is packaged. Mr. Taylor answered there are
many ways to use the product which comes in pill form, edibles, olive oil, diffused vaporizing
cartridges, and flower buds used to smoke. All products are pre-packaged and dispensary
displays are showing all three forms of packaging will be present – flowers, edibles,
concentrates. Packages are all child resistant with tamper evident seals along with a list of
information similar to prescriptions. Commissioner Doherty asked how soliciting clients is done.
Ms. Peterson stated educational seminars are held with public speakers and people will not see
commercials, radio ads or the like.
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May 17, 2017
Page 6
Commissioner Walsh asked if people wanting to participate in the community outreach aspect
will need a medical card to get in or if it will be open to public. Mr. Taylor stated the
community space will be open to the public and the beauty of this particular space is that the
outreach center has a separate entrance.
Commissioner Meyer asked what stage of the licensing process Justice Grown is in and how
long does it can take. Mr. Taylor stated they are actually in a limbo state with their application
tucked away and ready to go. Governor Rauner has not opened up the applications yet and
each one is typically 500 pages long. The second round of applications is expected to open up
this year and Justice Grown is trying to be proactive. There are only 5 licenses remaining in the
entire state.
Commissioner Strach asked if finding a location is part of the application process. Ms. Peterson
explained as part of the process a facility must be earmarked and approved before the facility
application can be touched so this is part of the process to help with approval of a license.
Commissioner Thacker asked if they have any idea of the number of residents in McHenry
County currently holding medical cannabis cards. Ms. Peterson stated a nearby dispensary said
they do not have access to that information but McHenry County residents are currently
travelling over an hour one-way to get to medical cannabis dispensaries.
Commissioner Doherty asked if the use of the dispensary will be open to out of state residents
and the typical hours of operation. Ms. Peterson stated it can be used by Illinois residents only
and hours of operation are typically six days a week from 10 a.m. until 6 or 7 p.m. Patients are
regulated to a maximum 2.5 ounces every 14 days which is trackable. Commissioner Doherty
asked how they donate money to schools and help educate students. Mr. Taylor answered
doctors and health experts are invited in and compensated to speak sometimes explaining the
way to use it as medicine including presentations by and for the Substance Abuse Coalition.
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:
Amie Kennedy, 7511 Hiawatha, Wonder Lake IL came to show support. Her husband has MS
and has had years of pain and suffering taking much medication including opiates over the
years without any relief or success. The family physician suggested the medical cannabis route
for Mr. Kennedy to try and get relief. Ms. Kennedy works in the healthcare industry and was
skeptical at first but after visiting the dispensary with the medical cannabis card and being
educated on the program she has changed her opinion and realizes alternative choices need to
be made available to patients in addition to mainstream medical care. They presently now
need to travel over an hour to a dispensary but her husband has a much better quality of life
now than he has for the past 10 years.
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May 17, 2017
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Dave Trost, 414 N Shepherd Hill Lane, McHenry IL was very impressed with the program and
the amount of thought put into it. Mr. Trost thinks it is needed in the community and believes
it is in total compliance with the regulations as well as being able to provide needed tax dollars
to the city.
Sophia Giblin, 4605 Loyola Dr., McHenry IL came to show support. She is certified to dispense
medical cannabis in the state of Illinois. It is highly regulated and somewhat micromanaged but
quite helpful to patients.
Kaylie Hukirk, 1447 Todd Farm Drive, Elgin IL said she was one of the first employees in Illinois
to dispense medical cannabis. She has helped the two major advocacy groups in Illinois to sign
up over 1000 patients prior to the program’s existence. She presently works in a full service
wellness center in West Dundee and they believe in Justice Grown’s work due to the huge gap
in the medical industry for alternative patient services along with education and holistic
lifestyle changes. Kaylie is highly impressed with Justice Grown’s educational aspect and
services being provided for the community. She further opined an opiate epidemic is here in
the City and the County and if the community supports this it will be quite beneficial toward
healthier residents and a decrease in crime.
Chairman Strach closed the public comment portion of the hearing at 8:36 p.m.
Director Martin stated this is a recommending body to make recommendations to City Council
and anyone with questions or concerns or wanting more information should contact him
directly.
Motion by Meyer, seconded by Walsh, to recommend to the City Council with regard to File No.
Z-908, approval of an application for a Use Variance to allow a medical cannabis dispensary on
the subject property, at 618 S Illinois Route 31, and any other variances required to effectuate
the aforementioned request in accordance with the Compassionate Use of Medical Cannabis
Pilot Program Act, in substantial accordance with the conceptual architectural plan completed
by Perimeter Architects dated 4.18.17 and subject to the following conditions:
• Facility may not be located within 1,000 feet of the property line of a pre-existing public
or private nursery school, preschool, primary or secondary school, day care center, day
care home or residential care home. Learning centers and vocation/trade centers shall
not be classified as a public or private school for purposes of this section;
• Justice Grown shall file an affidavit with the City affirming compliance with Article III.
General District Regulations Section Q. Medical Cannabis as provided herein and all
other requirements of the Act
• Justice Grown shall install 24-hour/day 7 days/week real time video surveillance
equipment, to be approved by the City, which covers/encompasses the entire exterior
perimeter of 618 South Illinois Route 31, including the north, south, east and west sides
of the building, common parking area to the west of 618 South Illinois Route 31 as well
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May 17, 2017
Page 8
as the ingress/egress to the site. Additionally, equipment encompassing the interior of
the building, common hallway/entrance and entire space of 618 S Illinois Route 31 shall
be installed and all surveillance equipment must be in place, tested and operational
prior to receipt of a certificate of occupancy;
• Justice Grown shall maintain on-site security personnel at all times business is
conducted at the subject property; proof of such security shall be provided to the City
prior to receipt of a certificate of occupancy;
• If use variance is approved there shall be no residential dwelling units permitted on
subject property at any time the dispensary remains in operation;
• A photometric plan must be submitted verifying minimum parking lot lighting
requirements are met. If the regulations are not met, additional/new lighting standards
must be installed in accordance with all City ordinance requirements prior to granting an
occupancy permit for the proposed medical marijuana dispensary;
• For purposes of determining required parking, Medical Cannabis Dispensing
Organizations shall be classified as “Other Retail and Personal Service” in accordance
with Article VII Off-Street Parking & Loading Table 13: Required Parking Spaces for Non-
Residential and Non-Lodging Uses and proposed dispensary on subject property shall
comply with said regulation;
• Use Variance for a dispensary on the subject property shall be null and void if Justice
Gown does not secure a license to operate a medical marijuana dispensary from the
Illinois Department of Financial and Professional Regulation by December 31, 2018
be granted, and Staff finds all requirements in Table 32(A) of the zoning ordinance have been
satisfied.
Voting Aye: Doherty, Meyer, Sobotta, Strach, Thacker and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Miller.
Motion carried 6-0.
Commissioner Thacker thanked Justice Grown for providing an extremely professional and
informative presentation at the hearing.
Chairman Strach closed the Public Hearing regarding File No. Z-908 at 8:38 p.m.
Public Hearing: UTOPIAN ROAST LLC
File No. Z-909
1252-1254 N Green Street
Conditional Use Permit to allow assembly use, along with a coffee shop
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May 17, 2017
Page 9
and other retail/service businesses with outdoor seating and indoor entertainment
and any other variances required to develop the subject property in substantial accordance
with the site and building layout submitted for the subject property.
Chairman Strach called the Public Hearing to order at 8:40 p.m. regarding File No Z-909, an
application for a Conditional Use Permit to allow an assembly use (gathering space) along with
outdoor seating and indoor entertainment at 1252-1254 N Green Street along with vacant lot
to north and any other Variances required effectuating the request as submitted by Dan
Kernes, Utopian Roast LLC, 1254 N. Green Street, McHenry, IL 60050.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on
April 30, 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 Dan Kernes, 2600 Birch St., McHenry who was sworn in by Chairman Strach.
Mr. Kernes provided a summary of the request before the Commission at this Hearing stating
he is applying for assembly use for the property to make significant changes to the building and
landscape and improve the vacant lot on the corner as well as re-opening his successful coffee
restaurant.
Director of Economic Development Martin provided the Commission with the Staff Report
regarding this matter stating the applicant operated a traditional coffee house, Hidden Pearl
Café, in the former Downtown Theater building, which is currently being renovated to
accommodate a movie theater and restaurant. Dan Kernes, proprietor of Hidden Pearl Café
built a following of people who could come to his coffee shop and do different events such as
poetry readings, theatrical performances, comedy, etc. and he decided to expand and pursue a
coffee house and event space in a larger venue and has been working with staff to address
building and zoning-related challenges.
A narrative describing Dan’s vision for the building, 1252-1254 N Green Street and vacant lot to
the north was provided. He is in the process of reopening his coffee house, which he can do
without approval from the Planning and Zoning Commission and City Council however he also
wants to create a larger event space for assembly use. He is in the process of purchasing the
vacant land at the southeast corner of Elm and Green but does own the existing building (1252-
1254 N Green).
An important aspect of downtown revitalization is attracting people downtown and keeping
them there as long as possible-similar to a shopping center. Dan’s long-term vision is to open
his building to the south and provide access to Neumann Park from his building. He is also
exploring the use of public art and murals to make the exterior of the building more attractive.
In the short-term two-three retail spaces will open to the north (facing Elm Street) with an area
set aside for outdoor seating.
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May 17, 2017
Page 10
The coffee house and assembly use will be in the southern half of the existing building and
encompass two-thirds of the building area (open to public/excluding basement). Currently the
vacant lot to the north has a vehicular access driveway off of Elm Street and in the short-term
the paved area and access will remain unchanged so people can utilize the existing parking;
however, when this is expanded in the future (additional parking, etc.) approval from the
Illinois Department of Transportation will be required.
Opening the building to Neumann Park may not occur immediately but staff definitely supports
the idea to utilize this underutilized space, similar to D.C. Cobbs use of Walsh Park; however
there is no outdoor entertainment being proposed in Neumann Park. The applicant is also
going to request a liquor license and has set aside a space for indoor video gaming. The alcohol
and video gaming, under the applicant’s plan, is complimentary to the principal use as an event
space. Therefore, it will enhance the assembly use request and allow the applicant to host
events where people may desire to have a drink; however, the applicant does not want to have
alcohol consumption or service outside.
Director Martin stated parking within downtown areas in any community is a challenge,
however the proposed use will not create any more traffic, require any additional public
services or facilities or require more parking than any other use, which is permitted by right in
the C-4 district. The applicant is maximizing the building space for his assembly use while also
taking advantage of the location and visibility and renting two-three smaller spaces to other
businesses conducive to a downtown setting.
The applicant will most likely add more parking on the vacant lot to the north however this will
require IDOT review and approval and the applicant’s primary objective at this point is get his
business up and running, seek approval for the assembly use and build out the other tenant
spaces so he has revenue to expand the parking in the future.
Director of Economic Development Martin stated Staff is recommending approval of a
Conditional Use Permit to allow an assembly use (gathering space), consisting of approximately
4,800 square-feet, along with outdoor seating and indoor entertainment at 1252-1254 N Green
Street and vacant lot to north in substantial conformance with the attached interior/exterior
plan and elevations submitted subject to the conditions proposed in the Staff Report 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 Meyer expressed concern with approving something for a property that is not
owned by the applicant. Mr. Kernes stated the property is under contract and Mr. Martin
stated the current owner sent in a notice of permission for the application.
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May 17, 2017
Page 11
Commissioner Doherty asked when the property purchase will be closing and how much of the
property will be left as open green space. Mr. Kernes replied the closing for the vacant lot is
tentatively scheduled for August and they have plans to landscape and make a nice park-like
corner possibly adding parking in the future but that would require a 6-8 month process
through IDOT.
Commissioner Doherty inquired which or how many businesses would be requesting a liquor
license. Mr. Kernes replied the license that will be applied for is only for the coffee shop and
event space. They will have limited alcohol available but not a full bar and do not intend to
serve alcohol outdoors. Commissioner Doherty further inquired what type of approval would
be needed for artwork to be done on the building exterior walls. Director Martin replied there
are design guidelines that must be followed. Full artwork is not planned out yet but must
follow design guidelines when and if it is done.
Commissioner Sobotta inquired as to the number of parking places available on the vacant lot
to North of building. Mr. Kernes stated there are approximately 15 spaces there and he
believes there is plenty of parking available very close by as well.
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:
Dave Trost, 414 N Shepherd Hill Lane McHenry said he has been very impressed with Hidden
Pearl Café and the community involvement that is there complimenting the performances he
has seen there. He stated many students from area schools have participated in poetry slams
to a full house and the events held there are great and support local residents. Mr. Trost
wanted to express his support of this request.
Bobbi Baehne, 1401 Draper Rd., McHenry stated she sincerely misses the Hidden Pearl since its
closing. Ms. Baehne stated one aspect that hasn’t been talked about is that there are a
tremendous amount of small business people that spend their days working at Hidden Pearl
Cafe as it is a hub for business people in the community to network and meet in the
community.
William Schwartz, 43 Pine Court, Crystal Lake is the owner of the property across the street
from this location (1241-1243-1245-1249 Green St.). Mr. Schwartz stated this business will
benefit the community by bringing foot traffic to the downtown area (Green Street) and he is
greatly in support of this request.
Chairman Strach closed the public comment portion of the hearing at 8:56 p.m.
Motion by Sobotta, seconded by Walsh, to recommend to the City Council with regard to File
No. Z-909, approval of an application for a Conditional Use Permit to allow an assembly use
(gathering space), consisting of approximately 4,800 square-feet, along with outdoor seating
Planning and Zoning Commission
May 17, 2017
Page 12
and indoor entertainment at 1252-1254 N Green Street and vacant lot to north in substantial
conformance with the interior/exterior plan and elevations submitted subject to the following
conditions:
• Applicant must comply with all regulations of the McHenry County Health
Department;
• Applicant must enter into a redevelopment agreement with the City to address
the use of Neumann Park;
• The applicant shall comply with the Downtown Design Guidelines with regards to
any exterior façade improvements;
• In accordance with the Downtown Design Guidelines the use of box signs,
exposed neon, flashing and moving signs is prohibited;
• There shall be no consumption or service of alcoholic beverages outside and no
service of food outside;
• No outdoor entertainment shall be permitted unless a temporary use to do so is
approved by the City;
• Applicant shall work with the City in obtaining an easement or come to an
agreement on the vacant lot at Green/Elm whereby a sign could be erected
welcoming people to Downtown McHenry; either in addition to or in
combination with a sign for the tenants within the building at 1252-1254 N
Green Street;
• Existing parking spaces on lot to north shall be restriped and no parking
expansion on lot to the north shall occur without prior approval from IDOT and
City of McHenry;
be granted, and Staff finds the requirements of Table 31 for Conditional Use Permits of the
zoning ordinance have been met.
Voting Aye: Doherty, Meyer, Sobotta, Strach, Thacker and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Miller.
Motion carried 6-0.
Chairman Strach closed the Public Hearing regarding File No. Z-909 at 8:59p.m.
Staff Report
The next Planning and Zoning meeting is scheduled for Wednesday, June 21, 2017. Director
Martin also stated the City is hosting a regional Chicago Metropolitan Agency for Planning (a
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May 17, 2017
Page 13
seven county regional planning organization based in Chicago) On to 2050 Forum at City Hall on
June 15 at 6:00 p.m. and all are welcome to attend. Contact Director Martin for more
information if anyone is interested.
Adjournment
Motion by Meyer, seconded by Thacker, to adjourn the meeting at 9:00 p.m.
Voting Aye: Doherty, Miller, Meyer, Sobotta, Strach, Thacker, and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Miller.
Motion carried 6-0. The meeting was adjourned at 9:00 p.m.
Respectfully submitted,
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Dorothy M. Wolf, Administrative Assistant
City of McHenry