HomeMy WebLinkAboutMinutes - 03/23/2016 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Minutes
March 23, 2016
Chairman Strach called the March 23, 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: Bromley, Doherty,
Meyer, Sobotta, Strach, and Thacker. Absent: Vallez. 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 Thacker, seconded by Meyer, to approve the February 17, 2016 regularly scheduled meeting
minutes of the Planning and Zoning Commission Meeting as presented:
Voting Aye: Doherty, Meyer, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: Bromley, Sobotta.
Absent: Vallez.
Motion carried 4-0.
Public Hearing: Lacey’s Place Series McHenry
File No. Z-889
3515 Diamond Drive
Conditional use permit to allow a tavern (3515 Diamond Drive) and a Variance from the Off-Street
Parking and Loading Requirements for Diamond Plaza (3501-3525 Diamond Drive)
Chairman Strach called the Public Hearing to order at 7:35 p.m. regarding File No Z-889, an application
for a Conditional use permit to allow a tavern (3515 Diamond Drive) and a Variance from the Off-Street
Parking and Loading Requirements for Diamond Plaza (3501-3525 Diamond Drive) as submitted by
Lacey’s Place Series McHenry for the property located at 3515 Diamond Drive, McHenry, IL.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on March 8,
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 Jeff Remberger, 701 Laurel, Highland, IL 62249, son of the applicant, who was sworn
in by Chairman Strach. Mr. Remberger provided a summary of the request before the Commission at
this Hearing stating the applicant is requesting a variance in order to run a video gaming tavern at 3515
Diamond Dr.
Director of Economic Development Martin provided the Commission with the Staff Report regarding this
matter stating Diamond Plaza was constructed in 2008 and contains a Dunkin Donuts Restaurant
w/drive-thru facility, Verizon Wireless Store and Marine Corps Recruiting Center. The applicant is
Planning and Zoning Commission
March 23, 2016
Page 2
requesting a conditional use permit to allow a tavern at 3515 Diamond Plaza, in the current space where
the Marine Corps Recruiting Center is now. The applicant is also seeking a variance from the off-street
parking and loading requirements for the entire Diamond Plaza Shopping Center to accommodate the
tavern use. Betty’s Bistro requested and received approval for a tavern and a parking variance at the
McHenry Grounds Shopping Center.
Staff believes the proposed tavern use is an appropriate land use for the subject property. The shopping
center in question, as well as Northgate West Shopping Center, Meijer/Home Depot, Shops at Fox River
and McHenry Towne Shopping Centers all contain a diverse selection of retail; restaurant and service-
oriented land uses and the proposed tavern will provide an additional element to complement the
existing uses and is appropriately situated along a commercial highway corridor. The applicant operates
a video gaming café similar to Stella’s and Betty’s Bistro, located within McHenry Plaza and McHenry
Grounds Shopping Centers respectively. The applicant, as detailed in their narrative, has vast
experience operating this type of business.
Reviewing the requirements in Table 31 of the zoning ordinance, staff believes the proposed project will
not produce any additional adverse impacts than would any other permitted use in the C-5 zoning
district. As previously stated, all the shopping centers along north Richmond Road offer a diverse
business mix.
The proposed tavern, with varying hours from Verizon and Dunkin Donuts, which occupies
approximately 3,400 square feet and 2,100 square feet respectively of the total 7,142 square feet within
this center, will draw additional traffic to the center benefiting the existing uses. Additionally, at times
when Verizon and other land uses in adjacent centers, particularly Northgate West Shopping Center are
closed, the proposed tavern will promote in sustaining the vitality of the center and the Richmond Road
Corridor. With the vacancies currently existing in Northgate West Shopping Center, the proposed use
will provide another incentive to attract more tenants to the area and specifically that center.
Diamond Plaza currently has 43 parking spaces and, in accordance with the City’s zoning ordinance is
classified as a shopping center and the regulations for parking space requirements were explained.
Verizon and Marine Corps units require 16 spaces and Dunkin Donuts requires 27 parking spaces.
Lacey’s Place is a tavern which requires 10 parking spaces/1,000 square feet of net floor area; therefore
12 parking spaces are required for Lacey’s Place. Therefore a total of 51 spaces are required and a
variance of eight spaces is being requested to accommodate Lacey’s Place. There is some opportunity
for shared parking between Verizon and Dunkin Donuts/Lacey’s Place, meaning parking demand varies
by day and time and having a mixture of different uses with varying operational hours and days allows
the center to function efficiently even with a shortage of required parking.
Six aerial photographs of Diamond Plaza Shopping Center spanning from 2009-2014 were presented
showing clearly from these photographs there is sufficient parking at the subject property particularly at
the northern end of the center. None of the circumstances creating the need for the requested variance
was caused by or a direct result of any action taken by the applicant and the requested variance, if
granted, will not alter the local character or adversely impact public, health, safety or welfare. Finally,
the variance is consistent with the general purpose and intent of the comprehensive plan and zoning
ordinance. Director of Economic Development Martin stated Staff does not have any concerns with the
parking variance.
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March 23, 2016
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Both the conditional use permit and parking variance can be considered contemporaneously because a
parking variance is required in order for the proposed tavern to be able to locate within the shopping
center. Director of Economic Development Martin stated Staff is recommending Approval of a
conditional use permit to allow a tavern at 3515 Diamond Drive and approval of a parking variance of
eight spaces for Diamond Plaza Shopping Center, and Staff finds all requirements in Tables 31 and 32 of
the zoning ordinance have been satisfied.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Thacker asked the establishment’s hours and days open. Mr. Remberger stated typical
hours would be 7:00 am-2:00 am but it will depend on the specific liquor license restrictions and Sunday
hours are usually different. Director of Economic Development Martin asked Mr. Remberger if the
establishment would be open strictly as a café when liquor is unable to be served due to the liquor
requirements. Mr. Remberger responded that is a possibility, stating this location will be serving Home
Run Inn Pizza and craft beer which is different than other establishments. They hope also to try
operating a legitimate bar system with beer on rotation which would be a different concept. It was
explained the early start time helps accommodate areas where there are businesses which operate with
3 shifts of workforce.
Commissioner Doherty asked for an explanation of the difference between being called a tavern or just
serving beer and wine. Director of Economic Development Martin stated it really is a matter of whether
the establishment is considered a tavern or a restaurant, which is defined by whether there are more
sales for food or alcohol.
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 7:50 p.m.
Motion by Thacker, seconded by Sobotta, to recommend to the City Council with regard to File No. Z-
889, approval of an application for a conditional use permit to allow a tavern at 3515 Diamond Drive
and approval of a parking variance of eight spaces for Diamond Plaza Shopping Center be granted and
that all requirements in Tables 31 and 32 of the Zoning Ordinance have been met.
Voting Aye: Bromley, Doherty, Meyer, Sobotta, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Vallez.
Motion carried 6-0.
Chairman Strach closed the Public Hearing regarding File No. Z-889 at 7:52 p.m.
Planning and Zoning Commission
March 23, 2016
Page 4
Staff Report
The next Planning and Zoning meeting is a Special Meeting scheduled for Wednesday, April 13, 2016.
There are two applicants for that agenda. A reminder was given to be sure Statements of Economic
Interest are filled out and returned by May 1 in order to avoid penalties being imposed. Director of
Economic Development Martin stated Planning and Zoning appointments are done annually at the end
of April. Director Martin and Commissioner Strach will talk with each commissioner to determine their
willingness to be on the commission in the future.
Adjournment
Motion by Thacker, seconded by Doherty, to adjourn the meeting at 8:00 p.m.
Voting Aye: Bromley, Doherty, Meyer, Sobotta, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Vallez.
Motion carried 6-0. The meeting was adjourned at 8:00 p.m.
Respectfully submitted,
_____________________________________
Dorothy M. Wolf, Administrative Assistant
City of McHenry