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HomeMy WebLinkAboutMinutes - 05/13/2015 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes May 13, 2015 Chairman Strach called the May 13, 2015 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, Bromley, Nadeau, Sobotta, Strach, and Thacker. Absent: None. Also in attendance were: Director of Economic Development Martin and Planning, City Attorney Cahill, and Zoning Secretary Wolf. No one signed in to speak during Public Input. Approval of Minutes Motion by Thacker, seconded by Nadeau, to approve the minutes of the Planning and Zoning Commission Meeting as amended: April 15, 2015 regularly scheduled meeting. Voting Aye: Doherty, Nadeau, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: Bromley, Vallez. Absent: None. Motion carried 5-0. Public Hearing: File No. Z-860 1771 N. Richmond Rd. and 1711-1787 N. Richmond Rd. Conditional use permit to allow a tavern (1771 N Richmond Road) and a Variance from the Off-Street Parking and Loading Requirements for McHenry Grounds Shopping Center (1711-1775 N Richmond Road) Chairman Strach called the Public Hearing to order at 7:35 p.m. regarding File No Z-860 an application for a Conditional Use Permit to allow a tavern (1771 N Richmond Road) and a Variance from the Off- Street Parking and Loading Requirements for McHenry Grounds Shopping Center (1711-1775 N Richmond Road) on the subject property as submitted by Blackhawk Restaurant Group for the subject property. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on April 25, 2015. 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 Mike Thiessen, Partner, Blackhawk Restaurant Group, 3920 Central Ave., Western Springs, IL and David Connor, Chief Executive Officer, Blackhawk Restaurant Group, 2100 Washington St., Naperville, IL, who were sworn in by Chairman Strach. Mr. Thiessen provided a summary of the request before the Commission at this Hearing stating to fulfill his lease in the shopping center they need to obtain a conditional use permit to operate and a variation Planning and Zoning Commission May 13, 2015 Page 2 for the parking. They have done a parking study and found there is only a capacity of 88% of the lot used at any one time Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the applicant is requesting a conditional use permit to allow a tavern at 1771 N Richmond Road, which is on the north side of the shopping center. The applicant is also seeking a variance from the off-street parking and loading requirements for the entire McHenry Grounds Shopping Center to accommodate the tavern use. McHenry Grounds Shopping Center was constructed in 1996 and contains a mixture of retail, restaurant, office and service-oriented uses. The property is currently zoned C-3 Community Commercial District and is surrounded by commercial and service uses to the north and east, single-family residential to the west and a cemetery to the south. Staff believes the proposed tavern use is an appropriate land use for the subject property. The shopping center contains a mixture of retail (three uses), restaurant (two-one is carryout only), and service- oriented land uses (four total) and the proposed tavern will provide an additional element to complement the existing uses. The applicant, Blackhawk Restaurant Group operates a video gaming café similar to Stella’s, which is located within McHenry Plaza directly to the east of the subject property. The proposed café, Betty’s Bistro, offers a limited menu selection, alcoholic beverages and has video gaming devices within its establishments. Blackhawk Restaurant Group operates 51 other locations in Illinois, one of which is located in the City of Woodstock. The establishment in Woodstock is located within a larger shopping center, along with a grocery store and Panera, similar to the location in McHenry. Betty’s Bistro’s target market is females between the ages of 40-69 and is a direct competitor with Stella’s. Director of Economic Development Martin stated in reviewing the requirements in Table 31 of the zoning ordinance, staff believes the 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-3 zoning district. McHenry Grounds, similar to ReMax Plaza, McHenry Plaza, Meijer/Home Depot and many other shopping centers has a diverse business mix with varying hours, and the proposed tavern will draw additional traffic to the center benefiting the existing uses but also, at times when other uses are closed, maintain the vitality of the center. McHenry Grounds currently has 117 parking spaces and, in accordance with the City’s zoning ordinance, is classified as a shopping center; therefore the Parking for Shopping Centers regulations are applicable. In 2001 a parking variance totaling 14 spaces was granted to allow Panera to construct a 4,300 square- foot restaurant at the southern end of the shopping center. In order to provide additional parking and further reduce the variance requested, the applicant at the time purchased the hair salon to the south which was razed and 27 additional parking spaces were constructed. In 2003 a parking variance of 17 spaces was granted for 1777 N Richmond Road (Papa Saverio’s). Another ordinance was adopted in 2003 which granted a variance from the parking screening strip requirements for McHenry Grounds Shopping Center. The shopping center on the subject property was constructed in 1996, the previous parking variances were granted in 2001 and 2003, and the zoning ordinance at these times required 20 parking Planning and Zoning Commission May 13, 2015 Page 3 spaces/1,000 square feet of net floor area for all restaurant uses. In 2006 staff reclassified restaurants in the zoning ordinance into three categories: carryout only, eat in/drive in and eat in/no drive in. In accordance with the parking requirements in the ordinance today, Papa Saverio’s would be required to have 10 parking spaces/1,000 square feet of net floor area and Panera 25 parking spaces/1,000 square feet of net floor area; therefore a net gain of five parking spaces would be realized, as Panera would be required an additional five spaces and Papa Saverio’s would only be required to have 10 as opposed to 20 parking spaces/1,000 square feet of net floor area if those uses were proposed after 2006. Director of Economic Development Martin stated McHenry Grounds is in compliance with the parking requirements in the zoning ordinance due to the two previous variances adopted by the City Council. Betty’s Bistro is a tavern which requires 10 parking spaces/1,000 square feet of net floor area; therefore 16 parking spaces are required. Panera is located at the southern end of the center therefore it is not likely someone patronizing Panera would utilize parking at the northern end of the center. Papa Saverio’s is adjacent to the proposed Betty’s Bistro location. Papa Saverio’s is a carryout only restaurant; therefore there are delivery vehicles utilized, as well as patrons picking food up and leaving throughout the day and the delivery vehicles also come and go frequently. Six aerial photographs of McHenry Grounds Shopping Center spanning from 2005-2013 were presented clearly showing there is sufficient parking at the subject property particularly at the northern end of the center. It should also be noted that Panera’s busiest time is during the lunch hour, while Papa Saverio’s and Betty’s Bistro would have traffic coming and going throughout the day. Table 32 in the zoning ordinance includes approval criteria for variances. The subject property is landlocked and cannot expand their parking and since Petco relocated to McHenry Towne Center, there has been a great deal of vacant space within the McHenry Grounds Shopping Center which has not been filled in many years. 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 denial of the requested variance would certainly create an undue hardship/burden on the property owner and applicant, resulting in a vacant 2,100 square-foot unit. The requested variance, if granted, will not alter the local character or adversely impact public, health, safety or welfare. Many people live in close proximity to the center and have the ability to walk to and patronize the proposed uses. Finally, the variance is consistent with the general purpose and intent of the comprehensive plan and zoning ordinance. Staff does not have any concerns with the parking variance. Director of Economic Development Martin clarified that 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. Staff is recommending approval of a conditional use permit to allow a tavern at 1771 N Richmond Road and approval of a parking variance of 16 spaces for McHenry Grounds Shopping Center to accommodate the proposed tavern at 1771 N Richmond road; Staff finds all requirements in Tables 31 (Approval Criteria for Conditional Use Permits) and 32 (Approval Criteria for Variances) of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Planning and Zoning Commission May 13, 2015 Page 4 In response to a question posed by Commissioner Thacker regarding where deliveries to the Bistro will be made, Mr. Connor stated deliveries are made in the rear of the building. Commissioner Nadeau inquired what the capacity of the space is and how many people they expect to use their establishment at any one time. Mr. Thiessen stated there is seating for 12 and the maximum at one time might generally be from 8-10. Commissioner Strach asked what the typical hours of operation will be. Mr. Thiessen stated they will start with 8am-10pm and see what the market seems to require. They will honor the liquor license regulations regarding hours of operation. In response to an inquiry from Direction of Economic Development Martin regarding peak hours of operation, Mr. Thiessen responded typically the peak times are Noon to 4 p.m., 4 – 8 p.m., and 8 p.m.- Midnight. Commissioner Thacker asked how many employees would be staffed during open hours. Mr. Connor replied there would be two employees. Chairman Strach opened the floor to questions and comments from the audience. Cindy Dunkin, 3610 W. Drake Ct., McHenry, Il was sworn in by Chairman Strach prior to addressing the Commission Ms. Dunkin stated she lives on the other side of the fence behind the access alley in the rear of the shopping center. She and her husband have a major concern with noise from deliveries, especially with the fence being in a constant state of disrepair. She stated she has been told in the last year that the fence would be fixed, however only temporary repairs have been made so far. Another concern stated was in the past employees of the strip mall have been seen throwing food and cigarette butts out toward the fence and there have been issues which make them concerned for the safety of their dogs. They have had many issues with neighbors and issues with transients in the area of the fence separating their home from the strip mall and are concerned a tavern will create a more unsafe atmosphere. Director of Economic Development Martin stated staff will certainly look into the fence issue and address that as a property maintenance issue although it is the responsibility of the shopping center owners, not the applicant to address this issue. Mr. Thiessen commented to Ms. Dunkin that they will be happy to talk to the landlord about addressing issues such as the fence and poor behavior of employees and it would be helpful if they have taken pictures to support the claims. He and Mr. Connor stated they would address the issues with their own employees as well, as they wish to be good neighbors. Commissioner Thacker inquired if the establishment will be open 7 days a week. Mr. Connor stated that will depend on liquor license requirements, which would be honored. They will be serving just beer and wine. Chairman Strach closed the public comment portion of the hearing at 7:50 p.m. Planning and Zoning Commission May 13, 2015 Page 5 Motion by Nadeau, seconded by Bromley, to recommend to the City Council with regard to File No. Z- 860, an application for a Conditional Use Permit to allow a tavern (1771 N Richmond Road) and a Variance from the Off-Street Parking and Loading Requirements for McHenry Grounds Shopping Center (1711-1775 N Richmond Road) on the subject property as presented by applicant Blackhawk Restaurant Group be granted, and that Tables 31 and 32, of the Zoning Ordinance, have been met. Voting Aye: Bromley, Doherty, Vallez, Nadeau, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Strach closed the Public Hearing regarding File No. Z-860 at 7:52 p.m. City of McHenry File No. Z-861 Text Amendments to the Zoning Ordinance including Article III. General District Regulations (H. Operations within Enclosed Buildings); Article V. Commercial Districts; Article VI. Office, Industrial, Business Park, Agriculture & Mining Overlay and Health Care Districts and Article XIX. Definitions (Text amendments generally pertaining to the regulation of outdoor seating, serving of alcoholic beverages and live entertainment for restaurant and tavern uses) Chairman Strach called the discussion to order at 7:54 p.m. regarding File No Z-861 a request for various text amendments to the City of McHenry Zoning Ordinance including: Article III. General District Regulations (H. Operations within Enclosed Buildings); Article V. Commercial Districts; Article VI. Office, Industrial, Business Park, Agriculture & Mining Overlay and Health Care Districts and Article XIX. Definitions (Text amendments generally pertaining to the regulation of outdoor seating, serving of alcoholic beverages and live entertainment for restaurant and tavern uses). Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on April 25, 2015. A Certificate of Publication is on file in the City Clerk’s Office. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter stating this matter is regarding a few text amendments being proposed by the City. The City of McHenry often receives requests from local food service establishments regarding the opportunities for expanding their service area, as weather permits, by providing outdoor seating for patrons and/or to host live entertainment. By definition of the zoning ordinance a business’ ability to offer outdoor seating would require that a request proceed through the Planning and Zoning Commission for review and approval which includes public notification and public hearing prior to being considered by the City Council. Planning and Zoning Commission May 13, 2015 Page 6 Due to the public notification requirements and meeting schedules of the Planning and Zoning Commission and City Council, it is estimated that approval of a conditional use for outdoor seating would take, at a minimum, 30-45 days for approval. Understanding this process as a potential burden on business, particularly during warm weather months, a goal established by the Community Development Committee for 2015, with recommendation by staff, was to consider an amendment to the zoning ordinance pertaining to outdoor seating and entertainment in order to streamline the review and approval process. The City Council recently amended the zoning ordinance to allow outside display of merchandise without the need to go through a public hearing process if certain conditions were met. It may similarly be possible to address outdoor seating and entertainment in the same manner. Additionally, the zoning ordinance requires restaurants with live entertainment or dancing to obtain conditional uses in C-3 (Community Commercial Districts); C-4 (Downtown Districts) and C-5 (Highway Commercial Districts). Another amendment previously approved by the City Council and being proposed for additional zoning districts is to allow restaurants to serve alcoholic beverages without going through a formal zoning/public hearing process. A liquor license would still be required however this would eliminate an additional layer of review by eliminating the Planning and Zoning process. This amendment was approved for restaurants serving alcoholic beverages in commercial districts however in O-2 (Office Park Districts) restaurants serving alcoholic beverages without live entertainment or dancing are a conditional use; restaurants are not permitted at all in the I- 1 (Industrial Districts) and restaurants are not permitted by-right in BP (Business Park Districts). They are however conditional uses in the BP district. The amendments being proposed currently are part of an ongoing effort to promote business and allow an opportunity to offer outdoor seating and/or entertainment, but to do so in a timely manner. On February 23, 2015 the Community Development Community discussed this topic and considered regulations that could be considered as part of an amendment to the zoning ordinance, as well as the process by which a business could have outdoor seating approved. The intent is to provide regulations for the placement of outdoor seating on private and public property and to mitigate any adverse impacts on adjacent properties and/or public right-of-way while maintaining the health, safety and welfare of the general public. Any person who owns or operates a business, whereby the principal use is a restaurant and opens on to a street, public way or private way shall be permitted to install outdoor seating in accordance with specific regulations. Planning and Zoning Commission May 13, 2015 Page 7 Businesses wishing to locate outdoor seating are also required to submit specific information to the Community and Economic Development Department for consideration. In addition to these guidelines and approval process, the Community Development Committee also discussed the following related topics/recommendations provided by staff: Service of Food and Alcohol and Live Entertainment At this time, it is recommended the inclusion of food and/or alcohol service for outdoor seating be limited to food that is sold and transferred within the building and carried in to the outdoor seating area. Alcohol would not be permitted outside unless a variance from these provisions is obtained. The service of food in an outdoor seating area may be requested by a business but would be required to go through a variance process. Staff is recommending restaurants with indoor entertainment be permitted uses in all commercial districts and taverns with/without indoor entertainment shall be classified as conditional uses in C-2, C-3, C-4 and C-5 zoning districts in accordance with the definition of indoor entertainment staff is proposing as part of these amendments. Additionally, staff is recommending amendments to Article VI: Office, Industrial, Business Park, Agriculture & Mining Overlay, and Health Care Districts to permit taverns and bars with/without entertainment as conditional uses in the O-2 Office Park; I-1 Industrial and in the BP Business Park Districts in accordance with the definition of indoor entertainment as-proposed by staff. Restaurants serving alcoholic beverages and/or with indoor entertainment shall also be permitted uses in the O-2 Office Park, I-1 Industrial and BP Business Park Districts. It is also recommended that the streamlined process outlined herein authorizing outdoor seating not include the service or consumption of alcohol or outdoor preparation of food. This may be requested by a business but they would be required to go through a variance process to obtain zoning relief, as more stringent guidelines may be placed on the service/consumption of alcohol and outside preparation of food by the Liquor Commissioner and McHenry County Department of Health. Currently, live entertainment is a conditional use for taverns and bars in C-2, C-3, and C-4 and for restaurants located in C-5 zoning districts. It may be appropriate to amend the zoning ordinance to eliminate “live entertainment and dancing” within restaurants and taverns and define “indoor entertainment” including restrictions in order for taverns or restaurants to offer indoor entertainment. Staff proposed a specific definition for “Entertainment”. The Community Development Committee directed staff to proceed with the development of an amendment to the zoning ordinance to allow for the implementation of outdoor seating without the need to go through a lengthy conditional use process and to explore the possibility of outdoor heaters together with the outside seating. Planning and Zoning Commission May 13, 2015 Page 8 Based on the discussion held by the Community Development Committee staff presented for recommendation several amendments to Article III General District Regulations and other applicable administrative sections in the zoning ordinance and/or municipal code. It was also stated if any of these conditions cannot be met a variance, in accordance with the provisions of the zoning ordinance, would be required. Staff also presented for recommendation several text amendments to the zoning ordinance, including a definition for Entertainment, Indoor. Chairman Strach invited questions and/or comments from the Commission. Commissioner Nadeau inquired who would have authority to monitor the requirements and whether random enforcement checks would be done. Director of Economic Development Martin stated the requirements would be observed/monitored in the initial permit application review; after that it will be monitored on a complaint-driven basis. Commissioner Bromley asked for clarification on the outside seating and service of food. Director of Economic Development Martin stated seating is for patrons to use and they could bring their own food outside, similar to seating at Starbucks, etc. 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 8:04 p.m. Motion by Nadeau, seconded by Bromley, to recommend to the City Council with regard to File No. Z- 861, an application for various text amendments to the City of McHenry Zoning Ordinance including the following amendments to Article III General District Regulations and other applicable administrative sections in the zoning ordinance and/or municipal code: • Application form that identifies business name, address, PIN, zoning designation, name/address/phone/fax/email of applicant and property owner; • A dimensioned site plan indicating the number and location of the tables (including table measurements), chairs, trash receptacles and any other related elements; • A “Waiver of Liability” form signed by the business owner, and in the case of leased property, the property owner for outside seating on public property only or alternatively language shall be included on the permit application addressing liability; • Once an Outdoor Seating Permit is issued, it shall remain active until such time as the requesting business ceases to exist. In other words, it does not have to be renewed annually. However, the application and permit will include a statement that authorizes the City to revoke the permit if any of the established conditions are not met. A fine provision will also be added to the list of Settlement of Offenses in the Municipal Code to address violations. • Establishments with existing outdoor seating and/or with an existing conditional use permit which addresses outdoor seating, service of food and/or alcohol, outdoor Planning and Zoning Commission May 13, 2015 Page 9 preparation of food and/or live entertainment and/or dancing may be permitted to continue to exist however any changes proposed by any of those establishments in the future will require submittal of a permit application as defined herein and all conditions included herein shall be met which may include a variance and/or amendment to an existing ordinance; • Approved ingress and egress to and from a building must be maintained as required by the City currently adopted building code; • Preparation and service of food outside is prohibited; • Service and consumption of alcohol outside is prohibited; • The seating must be located on a hard surface such as asphalt, concrete, brick or wood; • It must not be located within a required landscape island or area; • Seating located adjacent to a vehicular parking area or driving aisle shall be separated by a physical barrier (fence, gate, landscape planter, etc.); • A $25 permit fee shall be required for any establishment seeking outdoor seating in accordance with the recommended provisions included herein. • An inspection shall be required following permit review and issuance and prior to use of outdoor seating. • Sidewalks shall not be reduced to a clear usable width of less than 48-inches. • Pedestrian and motor vehicle vision clearance must not be blocked at intersections, driveways, doors and signage. This includes the use of appurtenances (umbrellas, etc.). • Tables, chairs and other related items shall be appropriately secured in the case of high winds. • Operation of outdoor seating area is only permitted when the business is open and not before 7:00 am or after 10:00 pm. • Outdoor seating on public property must be removed during hours that it is not being utilized. • The use of signage, pennants, banners, flags (other than American), lighting, electric amplification or noise-making devices shall not be used. • No electrical appliances or open flame devices to be placed in the seating area. Only the use of “infrared-style” heaters will be permitted in accordance with any applicable testing organization (UL) or other listing and in accordance with the manufacturer’s specifications. • Outdoor seating on public property shall be immediately removed by the business owner any time that the City Administrator, or his/her designee, determines that a clear sidewalk is needed because of traffic, street cleaning, maintenance, utility work, crowd control, parade, emergency, or in the case of violation of any of the above conditions. And if any of these conditions cannot be met, a variance, in accordance with the provisions of the zoning ordinance, would be required. And to also recommend the following text amendments to the zoning ordinance: • Article V: Commercial district regulations: Restaurants with indoor entertainment, as defined herein, shall be permitted uses in all commercial districts and taverns with Planning and Zoning Commission May 13, 2015 Page 10 indoor entertainment, as defined herein, shall be classified as conditional uses in C-2, C- 3, C-4 and C-5 zoning districts; • Article VI: Office, Industrial, Business Park, Agriculture & Mining Overlay, and Health Care Districts to permit taverns and bars with indoor entertainment, as defined herein, as conditional uses in the O-2 Office Park; I-1 Industrial and in the BP Business Park Districts; • Article VI: Restaurants serving alcoholic beverages and/or with indoor entertainment, as defined herein, shall also be permitted uses in the O-2 Office Park, I-1 Industrial and BP Business Park Districts; • The following definition of entertainment shall be included in the definitions section of the zoning ordinance: “Entertainment, Indoor: This may include but is not limited to the following activities: bands, music, karaoke, and other similar activities which are accessory to the principal use on the subject property and any such indoor entertainment proposed shall comply with all applicable City of McHenry rules, ordinances and regulations. This definition does not include, permit, encompass or allow any activity regulated and/or addressed in Chapter 2.50 Adult Uses in the City of McHenry Municipal Code. Additionally, it does not include, permit, encompass or allow amusement facilities, already regulated in the zoning ordinance and/or municipal code or regulated by another governmental entity, including: movie theaters, bowling alleys, pool halls, arcades, performance venues, video gaming, and indoor sporting exhibitions where such activities are the principal uses on the subject property and/or regulated by other governmental entities. Be granted. Voting Aye: Bromley, Doherty, Vallez, Nadeau, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Strach closed the discussion regarding File No. Z-861 at 8:05 p.m. Staff Report We presently have several cases that are possible to be included on the June agenda. Next month is Commissioner Nadeau’s last meeting due to moving out of town. His service to the Planning and Zoning Commission is greatly appreciated. Director of Economic Development Martin is looking for suggestions and or conflicts regarding the possibility of changing meeting dates to Thursdays from August through December this year due to a possible opportunity available. Planning and Zoning Commission May 13, 2015 Page 11 Other Business Commissioner Bromley asked for a status update on the medical marijuana cultivation center. Director of Economic Development Martin stated he spoke with the applicant and state representatives recently and they are still following up on the status. Adjournment Motion by Bromley, seconded by Nadeau, to adjourn the meeting at 8:15 p.m. Voting Aye: Bromley, Doherty, Vallez, Nadeau, Sobotta, Strach and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. The meeting was adjourned at 8:15 p.m. Respectfully submitted, _____________________________________ Dorothy M. Wolf, Planning & Zoning Secretary City of McHenry