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HomeMy WebLinkAboutMinutes - 07/13/2016 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes July 13, 2016 Chairman Strach called the July 13, 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 Doherty, seconded by Miller, to approve the June 22, 2016 regular meeting minutes of the Planning and Zoning Commission Meeting as presented: Voting Aye: Doherty, Meyer, Miller, Sobotta, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: Strach. Absent: None. Motion carried 6-0. Public Hearing: Uprooted File No. Z-897 2816 W Illinois Route 120 Conditional Use Permit to Allow a Tavern Chairman Strach called the Public Hearing to order at 7:32 p.m. regarding File No Z-897, an application for a Conditional Use Permit to allow a tavern as submitted by Uprooted for the property located at 2816 W Illinois Route 120, McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on June 24, 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 Dan Smith and Liz Du Plain, 7715 Burr Oak Dr., McHenry, IL 60050, who were sworn in by Chairman Strach. Mr. Smith provided a summary of the request before the Commission at this Hearing stating they are hoping to obtain a conditional use to allow a tavern use on their property while they continue to make renovations to be able to open their Planning and Zoning Commission July 13, 2016 Page 2 establishment as a restaurant and bar in the near future. They would like to continue renovations updating and cleaning up the dining room and kitchen areas. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the subject property is currently zoned C-5 Highway Commercial District and contains a vacant building, which was formerly a bar/restaurant and is being rehabbed by the applicant to eventually again become a full-service restaurant/bar. In 1996 several properties east of the Fox River were annexed when the City’s sewer main was extended. One of the properties was the subject property located at 2816 W Route 120. At that time the property was rezoned to C-5 Highway Commercial District and granted a Conditional Use Permit to allow a restaurant/bar with live entertainment and dancing with a game room; an outdoor recreational establishment with horseshoe pits and outdoor service of food and alcohol on the deck. The property was formerly a restaurant/bar but has been vacant for more than a year. The applicant has completed a lot of work inside and outside in an effort to reopen the restaurant and also owns and has many year’s experience running a similar business. While the 1996 ordinance is still valid it only permits the site to be utilized as a restaurant/bar as opposed to solely a bar. The applicant would like to open as a tavern, complete the renovations and eventually open as a full-service restaurant. Therefore at this time the applicant is requesting a conditional use permit to allow a tavern on the subject property. All other aspects of the existing ordinance remain. Staff believes the proposed tavern use is an appropriate land use for the subject property. 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. Director of Economic Development Martin stated Staff is recommending Approval of a conditional use permit to allow a tavern at 2816 W Illinois Route 120 and Staff finds all requirements in Table 31 of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Thacker asked Director of Economic Development Martin if the applicant has to come back to the PZ commission once the renovations are completed in order to operate as a restaurant. Director Martin stated no, the only reason they are before planning and zoning now is to operate as a tavern only without the restaurant. Commissioner Meyer inquired as to a timetable for opening the kitchen and operating as a restaurant. Mr. Smith stated due to extensive it is difficult to determine but their hope is to Planning and Zoning Commission July 13, 2016 Page 3 open as a full restaurant/bar within 3-5 months. They already have a permit for this phase of construction, but it is time consuming. Commissioner Miller asked, coming from a safety standpoint, if the owners are going to be able to work while the tavern is open or if they will have to continue renovation work only after hours and when the tavern is closed. Mr. Smith stated the restrooms are still accessible but the dining room and kitchen areas are enclosed and closed off from the tavern space so the construction work will be entirely separate from the tavern area, which will allow them to work daily in a safe manner while the tavern is operating. Commissioner Doherty asked if they would be serving any food in the tavern at this time. Mr. Smith stated they may serve pizza but the kitchen needs total renovation so it is not operable yet. 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 Meyer, seconded by Doherty, to recommend to the City Council with regard to File No. Z-897, approval of an application for a conditional use permit to allow a tavern at 2816 W Illinois Route 120 be granted, and that all requirements in Table 31 of the Zoning Ordinance have been met. 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-897 at 7:45 p.m. Public Hearing: Three Queens File No. Z-898 810 N Front Street Conditional Use Permit to Allow a Tavern Chairman Strach called the Public Hearing to order at 7:45 p.m. regarding File No Z-898, an application for a Conditional Use Permit to allow a tavern as submitted by Three Queens for the property located at 810 N. Front Street, Unit C, McHenry, IL. Planning and Zoning Commission July 13, 2016 Page 4 Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on June 28, 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 Suchit Shah, 810 N. Front St., McHenry, IL 60050, who was sworn in by Chairman Strach. Mr. Smith provided a summary of the request before the Commission at this Hearing stating he is attempting to obtain a conditional use for a tavern to serve wine and beer and allow gaming at the property. He further stated the tavern will not be internally connected to the convenient store he operates next door. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating Southgate Retail Center was constructed in 1972 and consists of approximately 9,250 square feet of retail and commercial space anchored by the Food Mart, which is also operated by the applicant. Recently the unit immediately adjacent and to the north, occupied by Kiddy Korner was vacated. This unit is approximately 2,400 square feet, and the applicant is proposing to operate a tavern in the vacant unit. There are residential units behind the strip mall. In addition to the Food Mart, the applicant operates liquor stores at Bull Valley/Charles Miller Road and Illinois Route 31, as well as a location in the McHenry Plaza Shopping Center. The store located in McHenry Plaza is part of the southern inline retail space adjacent to the vacant Aldi’s building. He also operates a liquor store in Richmond, IL. Staff believes the proposed tavern use is an appropriate land use for the subject property. 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 applicant has a history of operating successful businesses in the City and does so in a professional manner. While the proposed use adjacent to the Food Mart will be the first tavern the applicant has opened within the City each of his other businesses operates with a liquor license. The parking requirements are met for the proposed use. The applicant is anticipating offering a wide variety of specialty beers and wine at the proposed tavern. Director of Economic Development Martin stated Staff is recommending Approval of a conditional use permit to allow a tavern at 810 N Front Street Unit C. Staff finds all requirements in Table 31 of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Planning and Zoning Commission July 13, 2016 Page 5 Commissioner Thacker inquired if the tavern will operate seven days a week. Mr. Shah replied yes, it would. Commissioner Miller asked what the anticipated occupancy of the property is expected to be. Mr. Shah replied the space is approximately 2400 square feet and depending on the setup he could fit as many as 100 people, however occupancy will be determined by the building department. Commissioner Miller inquired about parking and discussion ensued determining parking requirements have been met but parking on the south side could be striped for additional parking to be more visible. Mr. Shah believes the parking will be sufficient for the use requested. Director of Economic Development Martin inquired as to the number of employees for both the Food Mart and the tavern. Mr. Shah responded there are 6 employees at the Food Mart with only 3 working at any one time and the tavern may have 4 employees total. Chairman Strach opened the floor to questions and comments from the audience. Mr. Ralph Hayward, owner of 810 Front St. stated he wanted to thank Director Martin and the commission for the opportunity to speak and thank Mr. Shah for the exemplary example he has made running his other business on the property. He further stated Mr. Shah has been very customer friendly and he fully supports this request. Chairman Strach closed the public comment portion of the hearing at 8:00 p.m. Motion by Miller, seconded by Walsh, to recommend to the City Council with regard to File No. Z-898, approval of an application for a conditional use permit to allow a tavern at 810 N Front Street, Unit C be granted, and that all requirements in Table 31 of the Zoning Ordinance have been met. 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-898 at 8:03 p.m. Staff Report The next Planning and Zoning meeting is scheduled for Wednesday, August 24, 2016. Planning and Zoning Commission July 13, 2016 Page 6 Adjournment Motion by Thacker, seconded by Sobotta, to adjourn the meeting at 8:05 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 8:05 p.m. Respectfully submitted, __________________________________ Dorothy M. Wolf, Administrative Assistant City of McHenry