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HomeMy WebLinkAboutMinutes - 09/21/2016 - Planning and Zoning Commission (2)City of McHenry Planning and Zoning Commission Minutes September 21, 2016 Chairman Strach called the September 21, 2016 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. No one signed in to speak during Public Input. Approval of Minutes Motion by Miller, seconded by Doherty, to approve the August 24, 2016 regular meeting minutes of the Planning and Zoning Commission Meeting as presented: Voting Aye: Doherty, Meyer, Miller, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Public Hearing: CL Quick Stop of Belvidere Inc. dba Lucky Poker File No. Z-903 2214 W. Illinois Route 120 Conditional Use Permit to allow a Tavern within the Gateway to McHenry Shopping Center Chairman Strach called the Public Hearing to order at 7:35 p.m. regarding File No Z-903, an application for a conditional use permit to allow a tavern at 2214 W. Illinois Route 120 within the Gateway to McHenry Shopping Center as submitted by CL Quick Stop of Belvidere Inc. dba Lucky Poker for the subject property in McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on September 2, 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 was Kevin Olson 9111 Huber Rd, Belvidere, IL 61008 who was sworn in by Chairman Strach. Mr. Olson provided a summary of the request before the Commission at this Hearing stating he would like to open a second Lucky Poker location in the City of McHenry but requires a conditional use permit to do so. Planning and Zoning Commission September 21, 2016 Page 2 Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the requested action is a Conditional Use Permit to allow a tavern at 2214 W. IL Route 120 located in the Gateway to McHenry Center, and any other variances required effectuating the aforementioned request. The subject property is currently zoned C-5 Highway Commercial District and contains a Subway Restaurant and approximately 5,700 square feet of vacant building space. The applicant received a conditional use permit to open their first establishment at (4005 Kane Avenue Unit L) in the Remax Plaza Shopping Center. At the April 15, 2015 meeting the Planning and Zoning Commission unanimously recommended approval of the applicant’s conditional use permit request and Lucky Poker has been open almost one year in that location. The applicant does own multiple taverns, including one in Belvidere, McHenry and other locations in the Rockford area. The property is surrounded by commercial and service uses to the east and west, single-family residential to the north and vacant land to the south. Director of Economic Development Martin stated in reviewing the requirements in Table 31 of the zoning ordinance, staff believes the proposed project will not produce any additional adverse impacts to traffic, the environment, the neighborhood, public service and facilities or public safety and health than would any other permitted use in the C-5 zoning district. The shopping center contains a Subway Restaurant and needs an additional tenant to revitalize the center and ensure the Subway remains successful. There is a significant buffer to the residential to the north. Staff is recommending a hedge row be planted along the south property line to shield headlights from Illinois Route 120. Since the closing of Safari Childcare the subject property has been struggling. The subject property has an existing billboard and a fence, which is in disrepair, on the north and east sides of the property. Additionally, the formerly enclosed childcare space to the north of the building contains weeds. Photographs were shown. Staff recommends the fence and wall and freestanding sign be repaired and weeds and property be cleaned-up within 30 days of City Council approval. Staff also is requesting to see the lease for the billboard on the site as a condition of approval. Billboards are prohibited, however staff is proposing to work with the property owner to have the billboard removed when the lease terminates or is being considered for renewal. Director of Economic Development Martin stated staff is recommending approval of a conditional use permit to allow a tavern at 2214 W Illinois Route 120 subject to conditions presented and staff finds all requirements in Tables 31 of the zoning ordinance have been satisfied, including the aforementioned conditions being addressed. Chairman Strach invited questions and/or comments from the Commission. Planning and Zoning Commission September 21, 2016 Page 3 Commissioner Meyer asked whether it was proper to put conditions on a conditional use permit that limits the use for the applicant when the applicant does not own the building. Mr. Olson stated he has briefly spoken with the building owner and is not concerned about the conditions as presented. Commissioner Doherty asked if this location will be the same model as the one on Kane Ave. Mr. Olson replied affirmatively. Mr. Olson further stated patrons have asked him to open another location on the other side of town with a little different atmosphere. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 7:42 p.m. Motion by Doherty, seconded by Meyer, to recommend to the City Council with regard to File No. Z-903, approval of an application for a conditional use permit to allow a tavern at 2214 W Illinois Route 120 subject to the following conditions: • Conditional Use Permit shall expire unless it is amended or expiration is waived by the City Council if tavern ceases operation for six consecutive months; • Fence must be repaired; weeds and property cleaned-up, particularly to north of building, within 30 days of receiving a Conditional Use Permit approval by City Council; • A hedge row shall be planted along the south property line between the sidewalk and the parking lot to block headlights from vehicles traversing along Illinois Route 120 from patron vehicles parking along the south property line within six months of City Council approval; • A copy of the billboard lease shall be provided to staff prior to City Council consideration of the Conditional Use Permit and staff shall work with property owner so lease is not renewed and no further options exercised by the property owner; following a timeframe would be established to have billboard structure completely removed and area on Subject Property restored within a mutually agreed upon timeframe; and • Existing wall signage on building and signage on freestanding sign which is visible and refers to businesses not being operated on the Subject Property shall be removed within 30 days of City Council approval of a Conditional Use Permit at 2214 W Illinois Route 120; be granted, and all requirements in Tables 31 of the zoning ordinance have been satisfied, 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. Planning and Zoning Commission September 21, 2016 Page 4 Chairman Strach closed the Public Hearing regarding File No. Z-903 at 7:45 p.m. Public Hearing: Corkscrew Pointe Inc. File No. Z-902 1402 N. Riverside Drive Use Variance to allow a restaurant serving alcohol with outdoor seating, as well as service and consumption of food and alcohol outdoors and limited outdoor entertainment and any other variances required from, including but not limited to, Article III. General District Regulations: H. Operations within Enclosed Buildings Outdoor Seating, effectuating the aforementioned request on the subject property. Chairman Strach called the Public Hearing to order at 7:45 p.m. regarding File No Z-902, an application for a Use Variance to allow a restaurant serving alcohol with outdoor seating, as well as service and consumption of food and alcohol outdoors and limited outdoor entertainment and any other variances required from, including but not limited to, Article III. General District Regulations: H. Operations within Enclosed Buildings Outdoor Seating, effectuating the aforementioned request as submitted by John Macrito, Corkscrew Pointe, for the property located at 1402 N. Riverside Dr., McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on September 3, 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 was Mr. John Macrito, owner of Corkscrew Pointe, 1733 Pine Street, McHenry, IL who was sworn in by Chairman Strach. Mr. Macrito provided a summary of the request before the Commission at this Hearing stating he is seeking approval to put an outdoor deck on the property for his business, Corkscrew Pointe, similar to what is in place for several other businesses in the downtown area. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the subject property is currently zoned C-4 Downtown Commercial and contains an approximately 6,700 square foot building which contains offices; restaurant/bar (Corkscrew Pointe and a barbershop in the basement). A brief history of Corkscrew Pointe’s establishment since 2010 was given, along with recent history of conditional use permits approved for similar establishments in the same corridor. On February 17, 2016 the applicant appeared before the Planning and Zoning Commission with this same request. The major concerns discussed at that meeting included: lack of parking; enforcement of parking; outdoor music/entertainment, potential amplification of music; fighting/disorderly conduct and enforcement and lack of security. Planning and Zoning Commission September 21, 2016 Page 5 The Planning and Zoning Commission voted (3-2) to approve however a 2/3 majority or five votes are required at City Council to approve the request. Following the Planning and Zoning meeting, staff and the applicant met to discuss the concerns as they related to police calls and loud music and fighting/disorderly conduct. The applicant acknowledged and understood the concerns. At that time staff recommended the applicant withdraw his request; address the concerns as they related to police calls and reapply in the fall. Since that time the applicant has hired security and since his withdrawal there has been a vast improvement. Staff spoke to the police department which reviewed the calls to the applicant’s business and stated there has been only one substantiated call in the past 6.5 months. In 2015 the zoning ordinance was amended to allow outdoor seating by right with limitations. The variations being requested from the conditions of outdoor seating are: g. Preparation and service of food outside is prohibited. h. Service and consumption of alcohol outside is prohibited. q. Operation of outdoor seating area is only permitted when the business for which the Outdoor Seating Permit was issued is open but in no instance prior to 7:00 AM or after 10:00 PM. (MC-15-1113) A site plan and proposed elevations depicting the outdoor seating areas, including a two-tiered deck and a patio below which will be enclosed by a fence, were presented; the same request submitted in February. The dumpster will be relocated underneath the deck. The applicant can build within the floodplain, however he cannot lower the floodplain elevation, construct anything in a floodway nor add fill within the floodplain without prior approval from the Federal Emergency Management Agency. The applicant understands this requirement and had an initial topographic survey completed to determine the location and elevation directly to the east of the building on the subject property. Use Variances must satisfy specific criteria. The proposed outdoor seating expansion at 1402 N Riverside Drive is consistent with the overall plan for the downtown area, as well as complimentary to the future expansion of the McHenry Riverwalk. The applicant is proposing limited outdoor entertainment. General free-flowing access to the outdoor seating area will be restricted with patrons walking through the inside of the restaurant to access the outdoor seating. Staff maintains this will be a significant enhancement and improvement to the downtown and will add to the City’s ongoing downtown revitalization efforts. While parking is a concern there is no parking requirement in the C-4 district, and the need for parking within the downtown area should not be placed upon one property owner or business to solve. Director of Economic Development Martin explained parking is always an ongoing discussion and options are continually being explored, however any successful downtown will have issues with parking so the focus of the discussion at the meeting should remain centered around the outdoor seating; Planning and Zoning Commission September 21, 2016 Page 6 service and consumption of food and alcohol outdoors with limited outdoor entertainment. Additionally, the Commission should focus their review and findings of fact on Table 32(A). Director Martin stated to that end the applicant stated he would adhere to the same outdoor entertainment restrictions as Buddyz on Green Street, explaining Buddyz has outdoor entertainment with specific conditions placed on that temporary use by staff. For the Commission’s reference Section XII of the City of McHenry Zoning Ordinance and Chapter 14.8 of the Municipal Code were presented to review regarding the conditions. Reviewing the requirements in Table 32(A) of the zoning ordinance, staff believes the proposed project will not produce any additional adverse impacts to traffic, the environment, the neighborhood, public service and facilities or public safety and health than would any other permitted use in the C-4 zoning district. Director of Economic Development Martin stated staff is recommending approval of a use variance to allow a restaurant with outdoor seating; including outdoor service of food and alcohol and outdoor entertainment and any other variances required to effectuate the aforementioned request with conditions as presented and Staff finds all requirements in Table 32(A) of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Miller inquired as to the number of people the deck seating will hold, the number of employees needed to service the new deck space per shift and whether the safety of employees in parking further from the building has been taken into account. Mr. Macrito responded the deck and patio is proposed to seat 35-40 people, and he will need to hire a few additional employees expecting to employ 3-4 people per shift. He further stated employees will be given directive to park further from the building especially during peak shifts in order to leave parking spaces for patrons. Mr. Macrito further explained in his opinion Veteran’s Park always has spaces available and he will direct employees to park there when needed and offer them a security escort to their vehicles if requested. They will monitor the parking situation in general and possibly offer a shuttle for patrons in the future. Commissioner Miller asked what type of fencing will be used and if it will help with noise. Mr. Macrito responded he is unsure of the fence type he will use but his original thought is wood for decorative purposes. Director Martin stated fences are extremely difficult to build as a method to deflect noise. Director of Economic Development Martin stated part of the ongoing challenge in downtown areas is the visibility of available parking locations. He further stated a parking map will be updated and the City staff is working on improving the visibility with signage and maps. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 7:55 p.m. Planning and Zoning Commission September 21, 2016 Page 7 Motion by Miller, seconded by Meyer, to recommend to the City Council with regard to File No. Z-902, approval of an application for a use variance to allow a restaurant with outdoor seating; including outdoor service of food and alcohol and outdoor entertainment and any other variances required to effectuate the aforementioned request with the following conditions: • Outdoor entertainment, including live musical entertainment, shall only be permitted from 7:00 PM to 10:00 PM; • Outdoor seating shall not extend beyond the hours dictated by the applicant’s liquor license; • Separate permits are required for exterior signage; • Any and all electric shall be weather proof and ground fault circuit interrupted protected and comply with the 2008 Edition of the National Electric Code; • Abide by the Illinois Accessibility Code at all times; • Sound levels being generated shall comply with the requirements found in Section XII of the City of McHenry Zoning Ordinance and Chapter 14.8 of the Municipal Code; • 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; • 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; • Outdoor dumpster shall be screened in accordance with zoning ordinance. • After construction is completed, topographic survey shall be completed to ensure property is in compliance with floodplain ordinance/restrictions and consistent with initial topographic survey; and • Site shall be developed in substantial conformance with the site plan and elevation renderings prepared by Aspect Design Inc. dated 12/16/15 and a latest revision date of 1/20/16 and consisting of three sheets; and be granted and all requirements in Table 32(A) of the zoning ordinance have been satisfied. Voting Aye: Doherty, Miller, Meyer, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Strach closed the Public Hearing regarding File No. Z-902 at 7:55 p.m. Planning and Zoning Commission September 21, 2016 Page 8 Staff Report The next Planning and Zoning meeting is scheduled for Wednesday, October 19, 2016. Adjournment Motion by Thacker, seconded by Doherty, to adjourn the meeting at 8:00 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 8:00 p.m. Respectfully submitted, __________________________________ Dorothy M. Wolf, Administrative Assistant City of McHenry