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HomeMy WebLinkAboutMinutes - 02/17/2016 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes February 17, 2016 Chairman Strach called the February 17, 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, Vallez, Meyer, Strach, and Thacker. Absent: Bromley, Sobotta. 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 Meyer, seconded by Doherty, to approve the December 16, 2015 regularly scheduled meeting minutes of the Planning and Zoning Commission Meeting as presented: Voting Aye: Doherty, Meyer, and Strach. Voting Nay: None. Not Voting: None. Abstaining: Thacker and Vallez. Absent: Bromley, Sobotta. Motion carried 3-0. Motion by Meyer, seconded by Doherty, to approve the January 20, 2016 regularly scheduled meeting minutes of the Planning and Zoning Commission Meeting as presented: Voting Aye: Doherty, Vallez, Meyer, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Bromley, Sobotta. Motion carried 5-0. Continued Public Hearing: Edward B. and Alison D. Gerstad File No. Z-885 305 N. Dale Avenue Zoning Map Amendment from O-2 Office Park to RS-3 Medium-High Density Single-Family Residential on the Subject Property located at 305 N. Dale Avenue, McHenry, IL Chairman Strach called the Public Hearing to order at 7:35 p.m. regarding File No Z- 885, an application for a Zoning Map Amendment from O-2 Office Park to RS-3 Medium-High Density Single-Family Residential zoning as submitted by Edward B. and Alison D. Gerstad, for the property located at 305 N. Dale Avenue, McHenry, IL. Planning and Zoning Commission February 17, 2016 Page 2 Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on January 30, 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 Attorney Jim Wright, Zanck, Coen, Wright, and Saladin, 40 Brink Street, Crystal Lake, IL 60014. Mr. Wright provided a summary of the request before the Commission at this Hearing stating the applicant is requesting an amendment from 0-2 to RS-3 zoning for a landlocked adjoining parcel. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating in 2014 a dry-cell battery storage facility was approved on the property located at 302 Front Street, immediately south of the subject property. The petitioner of this case was the landowner who sold the property to facilitate the construction of the battery storage facility and retained approximately 1.13 acres immediately adjacent to and west of his primary residence at 305 Dale Avenue. While the applicant’s residence is zoned RS-3 (305 Dale Avenue) the 1.13 acres remains zoned O-2 Office Park. The applicant constructed an approximately 287 square-foot shed on the subject property without obtaining a building permit. The structure is approximately 9.8 feet from the property located at 303 N Dale Avenue, immediately to the south of 305 N Dale and located in the applicant’s required side yard, which is currently 25 feet due to the O-2 zoning designation. The applicant is proposing to rezone the subject property to RS-3, consistent with the zoning of his primary residence, as well as those residences generally to the north and east of the subject property. If rezoned to RS-3, the shed would not be in a required side yard, as the required side yard in the RS-3 district is 10 feet or 10% of the lot width whichever is less. The lot width in this instance is 76’ so the required side yard would equal 7.6 feet. The character of the area near the subject property consists of primary single-family residences to the north and east and office and commercial land uses to the west. The criteria for approval of a zoning map amendment were presented. The property immediately to the west of the subject property is zoned C-3 and owned by a different landowner, as is the property to the south. The applicant retained the subject property to increase his rear yard and the zoning map amendment is consistent with his residence and all surrounding residences. Director of Economic Development Martin stated Staff is recommending approval of a Zoning Map Amendment from O-2 Office Park to RS-3 Medium-High Density Single-Family Residential to the City of McHenry (no conditions may be placed on the requested zoning map amendment) and Staff finds that the requirements in Table 33 of the Zoning Ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Doherty asked if the neighbors gained any property from this transaction. Director of Economic Development Martin stated they did not, and explained required side yard requirements. Commissioner Thacker asked if the applicant would be aware of the zoning issues if a permit had been obtained prior to the shed being built. Director of Economic Development Martin stated yes, the zoning issues would have been addressed in advance if a permit had been obtained prior to the construction. Planning and Zoning Commission February 17, 2016 Page 3 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 7:40 p.m. Motion by Doherty, seconded by Meyer, to recommend to the City Council with regard to File No. Z-885, an application for a Zoning Map Amendment from O-2 Office Park to RS-3 Medium-High Density Single- Family Residential zoning as submitted by Edward B. and Alison D. Gerstad, for the subject property located at 305 N. Dale Avenue, McHenry, IL, be granted and that the requirements of Table 33 of the Zoning Ordinance have been met. Voting Aye: Doherty, Vallez, Meyer, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Bromley, Sobotta. Motion carried 5-0. Chairman Strach closed the Public Hearing regarding File No. Z-885 at 7:42 p.m. Public Hearing: McHenry Elementary School District 15. File No. Z-886 300 S. Driftwood Trail (Riverwood School) Conditional Use Permit to allow an assembly use (educational institution), proposed building additions and alterations totaling approximately 9,820 square feet, and any variances required effectuating the aforementioned request at 300 S. Driftwood Trail, McHenry, IL Chairman Strach called the Public Hearing to order at 7:43 p.m. regarding File No Z-886, an application for a Conditional use permit to allow an assembly use (educational institution), proposed building additions and alterations totaling approximately 9,820 square feet, and any other variances required effectuating the aforementioned request on the Subject Property as submitted by McHenry Elementary School District 15 for the property located at 300 S. Driftwood Trail (Riverwood School), McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on January 29, 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 Alan Hoffman, McHenry School District 15 Superintendent, 1011 N. Green St. McHenry, IL 60050 and Bill Strejc, Engineer, Arcon Associates, 2050 S. Finley Rd., Lombard, IL 60148, who were sworn in by Chairman Strach. Mr. Hoffman provided a summary of the request before the Commission at this Hearing stating a conditional use permit is being requested to build a 9,820 sq. ft. addition at Riverwood School. Two mobile classrooms will be demolished and the addition will house new classrooms, as well as an interior courtyard being converted to additional usable learning center space. Planning and Zoning Commission February 17, 2016 Page 4 Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the subject property is zoned RS-3, Medium High Density Single-Family Residential and contains Riverwood Elementary School as well as two mobile classrooms, parking, a playground and green space areas. The subject of this petition is a proposed building addition totaling approximately 7,890 square feet at the southeast corner of the building where the mobile classrooms currently set, as well as creating a 1,930 space by infilling an existing open courtyard. McHenry Elementary School District 15 is currently in the process of a long-range plan to remove mobile classrooms at all of its schools and replacing them with permanent building additions. The first four additions already approved are: Chauncey H. Duker Middle School, the second at Hilltop Elementary School, and most recently at Edgebrook and Valley View Elementary Schools. The proposed addition, which is the subject of this request, is at Riverwood Elementary School located in the Trails of Winding Creek Subdivision. The City’s zoning ordinance classifies schools as assembly uses, and assembly uses are conditional uses in all residential zoning districts. A conditional use permit to construct Riverwood Elementary School was approved in 1987. The zoning ordinance requires any expansion, enlargement or structural alteration on a property with a conditional use permit obtain an additional conditional use permit. A building addition consisting of 7,890 square feet is proposed to replace two existing mobile classrooms at the southeast corner of the building and a structural alteration of an existing open courtyard consisting of 1,930 square feet is also proposed, which will add more enclosed space adjacent to the library/learning center within the school. Staff believes the additions will not adversely impact neighboring properties or public safety and health. The actual building plans will be reviewed by the Regional Superintendent of Education’s Office, however the City will be required to issue a stormwater permit for the building additions following consideration of the zoning request by the Planning and Zoning Commission and pending City Council approval of the request. Director of Economic Development Martin stated Staff is recommending approval of a conditional use permit to allow an assembly use (educational institution) at 300 S Driftwood Trail with the conditions the site is developed in substantial conformance with the site plan prepared by Arcon dated January 20, 2016, and Staff finds the requirements of Table 31 of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Meyer asked how many additional students may be accommodated. Mr. Hoffman stated the latest count is 750 students at Riverwood and this construction is not meant to add students but accommodate the students already there with a better environment. The learning center is being expanded into the courtyard space when it is built out. Commissioner Meyer asked what the construction timetable is. Mr. Hoffman responded the learning center space will be done over the summer. The rest of the construction is not scheduled yet. 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: William Modica, 4814 W. Glenbrook Tr., McHenry, Il has a concern with the spring running underground in the area and how Planning and Zoning Commission February 17, 2016 Page 5 water will be mitigated to the homes on Glenbrook Trail. Mr. Strejc stated the engineering regarding water will go through the City and be monitored. The impervious area is minor and should have no affect on the water issues already stated. Mr. Modica stated a concern the construction might cause more water issues. Director of Economic Development Martin responded the construction will not contain any more impervious surface and a stormwater permit will have to be issued in conjunction with the construction. We do require the applicant/construction to be compliant so there are no further problems than what already exists. Chairman Strach closed the public comment portion of the hearing at 7:51 p.m. Motion by Meyer, seconded by Vallez, to recommend to the City Council with regard to File No. Z- 886, an application for a Conditional use permit to allow an assembly use (educational institution), at 300 S Driftwood Trail (Riverwood School) with the conditions the site is developed in substantial conformance with the site plan prepared by Arcon dated January 20, 2016 attached hereto and incorporated herein, be granted, and that Table 31 of the zoning ordinance has been met. Voting Aye: Doherty, Vallez, Meyer, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Bromley, Sobotta. Motion carried 5-0. Chairman Strach closed the Public Hearing regarding File No. Z-886 at 7:53 p.m. Public Hearing: Sue Miller, Managing Broker. File No. Z-887 4104 W. Elm Street (Illinois Route 120) Zoning Map Amendment from I-1 Industrial Office Park to C-5 Highway Commercial District on the Subject Property located at 4104 W. Elm St., McHenry, IL Chairman Strach called the Public Hearing to order at 7:54 p.m. regarding File No Z- 887, an application for a Zoning Map Amendment from I-1 Industrial Office Park to C-5 Highway Commercial District as submitted by Sue Miller, Managing Broker, for the property located at 4104 W. Elm Street (Illinois Route 120), McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on February 1, 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 Sue Miller, 4203 South Street, McHenry, IL, who was sworn in by Chairman Strach. Ms. Miller provided a summary of the request before the Commission at this Hearing stating she is asking for a zoning map amendment. Her building will be demolished and a new building will be built and she would like C-5 zoning on the property. Planning and Zoning Commission February 17, 2016 Page 6 Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the applicant currently operates a real estate brokerage office on the subject property and is proposing to tear down the existing building and construct a new one-story 4,264 square-foot office building and continue the same land use. The character of the area near the subject property consists of primarily highway commercial land uses generally to the east west and south of the subject property, with the exception of the property at the southeast corner of Crystal Lake Road and Illinois Route 120. The criteria for approval of a zoning map amendment were presented. The building on the subject property was constructed around 1926 and has maintained an industrial zoning classification for numerous years. The trend of development along Illinois Route 120 (Elm Street) is retail, restaurant, financial, shopping center development and office land uses. Many uses, directly to the north and south along Main Street also have an industrial zoning classification due to the development of Main Street around the railroad however, similar to the subject property, while there are still viable industrial uses in this area a more commercially-oriented zoning classification is appropriate when these properties, sell, redevelop and/or change land use in the future. The proposed zoning map amendment at 4104 is consistent with the development trend and satisfies all the criteria outlined in Table 33. Director of Economic Development Martin stated Staff is recommending approval of a Zoning Map Amendment from I-1 Industrial Park to C-5 Highway Commercial District (no conditions may be placed on the requested zoning map amendment) and Staff finds that the requirements in Table 33 of the Zoning Ordinance have been met. Chairman Strach invited questions and/or comments from the Commission. Commissioner Meyer asked what the timing of the proposed project would be. Ms. Miller stated she is working on plans and hopes to start as soon as possible. Director of Economic Development Martin informed the commission there is a property behind the subject property, immediately to the north, which is landlocked but they have an access easement along the property line on the Midas property, so it will be accessible. Ms. Miller stated she has spoken with the owner of that property and assured him she has no intentions to block the easement or cause inablility to access the property. 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 8:00 p.m. Motion by Meyer, seconded by Thacker, to recommend to the City Council with regard to File No. Z-887, an application for approval of a Zoning Map Amendment from I-1 Industrial Park to C-5 Highway Commercial District be granted, and that the requirements in Table 33 of the Zoning Ordinance have been met. Voting Aye: Doherty, Vallez, Meyer, Strach, and Thacker. Voting Nay: None. Not Voting: None. Planning and Zoning Commission February 17, 2016 Page 7 Abstaining: None. Absent: Bromley, Sobotta. Motion carried 5-0. Chairman Strach closed the Public Hearing regarding File No. Z-887 at 8:02 p.m. Public Hearing: John Macrito File No. Z-888 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 8:03 p.m. regarding File No Z-888, 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 February 1, 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, 2261 Concord Dr., 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. 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). On October 21, 2010 the applicant appeared before the Planning and Zoning Commission and received unanimous approval for a conditional use permit to allow the operation of a restaurant serving alcoholic beverages with live entertainment at 1402 North Riverside Drive subject to the condition that entertainment be limited to the inside of the building and that no outdoor entertainment be permitted. In 2015 After the Fox Restaurant, located at 1406 N Riverside Drive, obtained a conditional use permit to allow an expansion to their existing outdoor seating area which is directly adjacent to the Fox River. Recently Bulldog Alehouse was granted a use variance to allow outdoor seating at 209 N Front Street. Planning and Zoning Commission February 17, 2016 Page 8 In 2015 the zoning ordinance was amended to allow outdoor seating by right with limitations. Similar to Bulldog Alehouse, the applicant is seeking approval to allow outdoor seating with a couple of variations from what is allowed by-right. The variations being requested specifically are limited preparation and service of food outdoors, limited service of alcohol outdoors, and approval of outdoor seating. 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 dumpster will be relocated underneath the deck. Staff has met with the applicant and his architects to discuss the building aspects of the proposal, logistically how the outdoor seating would be configured and also requested a topographic survey be completed to determine the exact location of the floodplain due to the grade of the property in direct proximity to the Fox River. 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. Use Variances must satisfy certain criteria. The proposed outdoor seating expansion at 1402 N Riverside Drive (northeast corner of Riverside Drive and Pearl Street) 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. 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, consisting solely of piped music from the inside through outdoor speakers, 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 Meyer inquired as to what procedures are in place in the event the project is completed and the new topographical survey shows the elevation has been lowered. Director of Economic Development Martin stated Mr. Macrito will have to address the issues with FEMA to satisfy their requirements, and apply for relief and address the issue. If it impacts the flood plain it will involve FEMA but it would not be directly tied to the City other than making sure he rectifies the situation with FEMA. Commissioner Meyer inquired as to the rules by right for the outdoor seating permit. Director of Economic Development Martin stated applicants must meet all the requirements listed on our outdoor seating permit. Hours of operation would be determined by the liquor license rules and hours. Commissioner Doherty inquired as to other businesses in the area having the same ability to ask for this type of use variance and extended hours. Director of Economic Development Martin stated hours of Planning and Zoning Commission February 17, 2016 Page 9 liquor service are ruled by the ordinance. If there are complaints that is another issue that would have to be addressed by the noise ordinance on a case by case basis. Director Martin stated Mr. Macrito needs to meet the confines of the ordinance and that the City’s rules and regulations are being followed. It is allowed for all businesses and within the parameters of City ordinances to make this request. Commissioner Strach inquired if the current use variance recently approved at After the Fox follows the same guidelines as is being requested by Mr. Macrito. Director of Economic Development Martin stated both businesses will be governed by the same rules if they both have the same liquor license. It is dependent on the liquor license regulations. Any establishment with a liquor license and outside seating is regulated in the same manner. Commissioner Doherty stated there are six parking spots being lost due to the construction and asked if they will be added somewhere else. Director of Economic Development Martin stated there is no parking requirement in C-4 zoning districts, so it is not required by ordinance. Commissioner Doherty stated a concern with the parking due to the amount of business done in the area at night and on weekends. 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: Craig Kurchina, owner Whale’s Wash, 1404 N. Riverside Dr., McHenry, next door to the subject property. Mr. Kurchina stated a concern with parking for his business and for the tenant living in the back of his building due to noise if this is approved. Commissioner Meyer responded the ordinance states parking is not required so it is outside the commission’s abililty to require anything be done for that issue. Commissioner Meyer asked Mr. Kurchina if he experienced any similar issues since After the Fox was granted a use variance for the same thing. Mr. Kurchina stated he has not had any noise issues from After the Fox. Kevin Plastina, 3212 W Skyway, McHenry, IL, owner of Old Bridge Tavern, stated he is also concerned with the parking issues for the businesses on Riverside Drive in general, which is an issue the business owners feel needs to be addressed and taken into consideration. Private parking in the back of his property is and has been an issue with citizens looking for public parking attempting to park there, even though it is private. He further stated a need for parking to be made available for the five apartments in his building. Brian Maronde, 1509 Riverside Dr., McHenry, IL opined he understands pride in the Riverwalk project but if this is approved it will cause more parking issues. Mr. Maronde opined outdoor music will be an issue because this establishment already has noise complaints that have never been properly addressed by Mr. Macrito and the establishment is called weekly for patron fights and the character of the clientele was taken into question. Mr. Maronde stated these concerns are serious and need to be addressed before approval is given. Bob Funk, 1622 N. Riverside Dr., McHenry, IL stated he owns the property immediately south of the subject property, which houses the Old Bridge Tavern. His concern is parking, stating the private parking behind his building already has issues and increased business on Riverside Drive will only cause more issues. Planning and Zoning Commission February 17, 2016 Page 10 Mr. Macrito responded to concerns stating security issues are being addressed, not weekly but more like quarterly, and a security company has recently been employed. Having the deck will require more employees and he intends to hire more staff. Entering through the building, as required in one of the conditions, will help with security as well. Mr. Macrito stated he is not happy about fights on his property and that is why he is addressing the security issues already and hiring more staff. He is only aware of one call regarding noise when he had karaoke over a year ago and it was addressed and taken care of. Pat Summers, 1406 Riverside Dr., McHenry, IL, owner of After the Fox stated he doesn’t mind Mr. Macrito’s business, stating more people brought to the area is good for everyone. He further agreed that parking is an issue. He opined the employees of the subject building park right in front of his business for longer than the 4 hour time limit and he does not believe it is addressed. He opined employees for the building should be provided parking elsewhere, not in front of the businesses. Director of Economic Development Martin stated the City is aware parking is an issue affecting the businesses. The city has worked with business owners on Green Street for parking issues there. A community officer has issued tickets in all the city parking districts. The City has tried to accommodate each area as it is requested. The noise issues are addressed by the police if they are called. Director of Economic Development Martin stated he will try to work with the business owners on the street as a collaborative effort with a concensus on changing the parking time limits if that is what they feel is needed. He stated the City is open to a discussion. Director Martin told business owners to call the police if there is an issue with zoning, parking or noise and the issues will be addressed. He stated all complaints are investigated, however some are unfounded. Mr. Macrito stated he understands and is in agreement there are parking problems for Riverside Drive businesses, however it always has been. He is open to offering valet parking in order to accommodate the concerns. Jim Archos, 808 N. John St., McHenry, IL, owner of Bimbos Restaurant, stated the noise is a problem for his tenants and that is his only concern. He opined the City cannot compare the business done at Corkscrew with the business done at After the Fox and Bimbos in regard to noise, stating they are run differently. Commissioner Strach stated all the business owners have the same ability to request the same variances needed by ordinance. Director of Economic Development Martin stated the City wants all the businesses to be successful and tries to be fair to everyone and enforce the ordinances in place. Mr. Macrito responded to concerns being stated replying he just built two new bathrooms at Corkscrew Pointe to accommodate the increase in patrons he is attracting. He is very agreeable to a restriction on the time for the noise/music hours if that is what is necessary to facilitate his request being approved. Director of Economic Development Martin stated commissioners can place an extra condition on approval if they desire. Commissioner Meyer stated noise and parking seem to be the major concerns stated. Since parking really cannot be addressed by the Commission due to zoning requirements, he suggests a condition be added regarding a restriction on the time allowed for outside piped music. He further stated parking issues can be addressed at the City Council level. Mr. Macrito stated he is agreeable to shutting the music off outside at 10 or 11 pm. He just wants the same rights given to him that other businesses like Buddyz have been given. Planning and Zoning Commission February 17, 2016 Page 11 Chairman Strach closed the public comment portion of the hearing at 8:45 p.m. Commissioner Vallez opined there appears to be inconsistencies of service of food until 10:00 p.m. but continued service of liquor until 1:00 a.m. He asked Director Martin if extra conditions should even be placed on their recommendation or if the City Council should just address the concerns as a whole. Director of Economic Development Martin stated outside service and seating until 10:00 p.m. is by right. Commissioner Vallez opined the density issue and its negative impact on the community is an issue and is hard to ignore when you have six people as well as the applicant recognizing there is certainly a parking issue. Commissioner Vallez stated he wants a message given to City Council that the density issue must be addressed. Commissioner Doherty asked if the applicant would agree to limit the operation of outdoor music to 10:00 pm. Mr. Macrito stated he would prefer a music limitation to 11:00 p.m. and Mr. Archos stated he would also be in agreement with an 11:00 p.m. ending time for outside music. Commissioner Meyer asked for clarification on what restricts the time of the outside entertainment. Director of Economic Development Martin stated a request must be made to serve food and alcohol outside and there is no set time restriction. The Plan Commission can add a condition to limit the time. Commissioner Meyer asked if there is an ordinance restricting outside music, with or without a time limit. Director of Economic Development Martin stated outside music must also be requested and that conditions can be placed on the use variance because none of what is being requested is allowed by right. Commissioner Meyer asked if restrictions on timing of music or service were placed on the variance when After the Fox was before the Planning Commission recently with similar requests. Director of Economic Development Martin stated no outdoor entertainment was requested and no extended time limits were requested by Mr. Summers for After the Fox, although he could have asked if he wanted to. Commissioner Meyer stated it appears the Commission can’t address the parking concerns but can place restrictions on time for noise; however, if it is allowable for everyone who requests outside service and entertainment, he does not believe it is an issue that the Commission should restrict. Commissioner Vallez asked for clarification on outdoor entertainment – being just piped music from the inside or music with speakers and/or amplifiers. Discussion ensued. Mr. Macrito stated he is only asking for inside music to be played outside on speakers, not amplified or live music. Commissioner Doherty opined the parking needs to be addressed now, noting past mistakes by the Planning Commission and City Council with similar circumstances have still not been addressed and are still a subject of discussion around town. Commissioner Strach stated parking availability in some areas of town has changed due to roadway expansion and other things since some of the buildings in areas with issues were originally built. He addressed the Commission stating unfortunately parking is not the issue that is able to be voted on or corrected at the Hearing this evening. Commissioner Strach stated in many other communities patrons have to walk a couple blocks to get to an establishment. We are a growing municipality and there is municipal parking available – maybe not directly in front of an establishment, but it is available with a walk. Director of Economic Development Planning and Zoning Commission February 17, 2016 Page 12 Martin stated he is available for an open discussion with businesses regarding parking and he does believe there are solutions that can be found with everyone (all businesses in the area) coming together in agreement. Commissioner Thacker opined a good start is to try to be proactive and address the complaints and time limits that we can now, unfortunately not all the information is available here to address immediately. Responding to a question from Mr. Macrito, Commissioner Strach confirmed the outside playing of music is the only request the Commission is considering placing restrictions on, not food or beverage service. Motion by Thacker, seconded by Meyer, to recommend to the City Council with regard to File No Z- 888, an application for a use variance to allow a restaurant with outdoor seating; including outdoor service of food and alcohol and outdoor entertainment, consisting solely of piped music from the inside through outdoor speakers, with the following conditions, as amended: 1. Outdoor entertainment shall be limited to music piped outside and any live entertainment shall require a temporary use permit or alternatively an amendment to any approved use variance. 2. 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. 3. 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. 4. Live outdoor entertainment is prohibited without amendment to an approved use variance ordinance or approval of a separate temporary use permit. 5. Outdoor dumpster shall be screened in accordance with zoning ordinance. 6. No amplified music is to be allowed outdoors at any time. 7. No outside music is to be allowed to be played after 10:00 pm Monday through Thursday nights, or after 11:00 pm Friday through Sunday nights. 8. 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. 9. 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, Be granted, and that all requirements in Table 32(A) of the zoning ordinance have been satisfied. Voting Aye: Meyer, Strach, and Thacker. Voting Nay: Doherty, Vallez. Not Voting: None. Abstaining: None. Absent: Bromley, Sobotta. Motion failed. Planning and Zoning Commission February 17, 2016 Page 13 Commissioner Doherty stated his vote was due to the discussion on parking issues in the area and comments made regarding the noise and police issues. He further stated if he knew the parking issue would be addressed by the City Council, he may change his mind on the vote. Commissioner Vallez stated his vote reflected the density issues he opined need to be addressed and inconsistency of the City’s rules on music, noise, and service outdoors which he also opined should be addressed at the City Council level, not for clarification by the Planning Commission. Chairman Strach closed the Public Hearing regarding File No. Z-888 at 9:10 p.m. Staff Report The next Planning and Zoning meeting is scheduled for Wednesday, March 23, 2016. Commissioners were again reminded to look for their Statements of Economic Interest being emailed and to be sure they are submitted on time. Adjournment Motion by Vallez, seconded by Meyer, to adjourn the meeting at 9:15 p.m. Voting Aye: Doherty, Vallez, Meyer, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Bromley, Sobotta. Motion carried 5-0. The meeting was adjourned at 9:15 p.m. Respectfully submitted, _____________________________________ Dorothy M. Wolf, Administrative Assistant City of McHenry