HomeMy WebLinkAboutMinutes - 06/30/2011 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Minutes
June 30, 2011
Chairman Schepler called the June 30, 2011 meeting of the City of McHenry Planning and Zoning
Commission to order at 7:30 p.m. In attendance were the following: Buhrman, Doherty, Ekstrom,
Nadeau, Schepler, and Thacker. Absent: Morck. Also in attendance were: Deputy City Administrator
Martin and Deputy City Clerk Kunzer.
Approval of Minutes
Motion by Nadeau, seconded by Ekstrom, to approve the minutes of the Planning and Zoning
Commission Meeting as presented:
June 2, 2011 meeting.
Voting Aye: Buhrman, Doherty, Ekstrom, Nadeau, Schepler, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Morck.
Motion carried 6‐0.
Public Hearing: Blake Richmond LLC
File No. Z‐Z‐770
2302 N Richmond Rd
Conditional Use Permit and Variance
Chairman Schepler called the Public Hearing to order at 7:31 p.m. regarding File No Z‐770 an application
for the following zoning relief as submitted by Blake Richmond LLC for the property located at 2302
North Richmond Road:
1. Conditional Use Permit to allow the service of alcoholic beverages in conjunction with a
restaurant;
2. Variance as to the required number of parking spaces for a restaurant use.
Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on June
15, 2011. 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 Attorney William Franz, property owner Bob Koczecki and restauranteur Jason Linn
who were sworn in by Chairman Schepler.
Attorney Franz provided a summary of the applicant’s request before the Commission at this Hearing.
He noted the Staff Report for this matter was extremely thorough and noted that as a result of Staff’s
research no parking variance is needed for this project. Attorney Franz stated Mr. Linn owned and
operated a Chinese restaurant in Crystal Lake for the past seven years. He has a good record as a
restaurant owner and purveyor of liquor in conjunction with the restaurant use. Attorney Franz noted
the current proposal is for a Japanese restaurant. Mr. Linn has secured the services of an architect and
Planning and Zoning Commission
June 30, 2011
Page 2
intends to renovate the portion of the building which would house the restaurant so that it would serve
his needs.
Attorney Franz noted this would be the fourth restaurant in the strip center building. However, as
previously stated, Staff has determined there would be adequate parking for this use. The applicant
intends to make application to the City for a liquor license and is seeking guidance as to the type of
liquor license which should be sought.
Deputy Administrator Martin provided the Commission with the Staff Report regarding this matter. He
stated initially Staff encouraged the applicant to seek a parking variance due to the number of
restaurants situated in the building. The applicant did not have a floor plan and it was unclear if a
variance would be required. Once the floor plan was submitted, however, it was determined this is
adequate parking on the premises for all of the businesses in the building and no variance would be
required.
Deputy Administrator Martin stated the applicant is seeking a conditional use permit which would allow
a restaurant in conjunction with serving alcoholic beverages. Staff has reviewed the application and
supports the request as presented.
Chairman Schepler invited questions and/or comments from the Commission.
In response to an inquiry, Mr. Linn stated the hours of operation would be 11 or 11:30 am until 9:30
p.m. on weekdays and 11:30 a.m. until 10:30 p.m. on Saturday and Sunday.
Responding to further inquiry, Mr. Linn noted there would be a small bar at which patrons could sit
while waiting for a table. Most alcoholic beverages would be served at the tables along with food. Mr.
Linn stated he would prefer having full bar privileges as he is accustomed to this type of service at his
Crystal Lake facility.
Mr. Linn stated he intends to keep his Crystal Lake restaurant open. He would manage both restaurants
but would have assistance in this area.
In response to a question, Mr. Linn stated all food would be prepared by the chef in the kitchen. There
would be a sushi bar. This restaurant would not have hibachi “show” cooking. The chef will not cook in
front of the customers. The anticipated seating capacity would be 50 patrons.
Responding to Chairman Schepler’s inquiry, Mr. Linn stated all Staff would complete BASSET training as
required prior to issuance of a liquor license. Mr. Linn noted the renovation of the site would take
approximately 3 ½ to 4 months and the restaurant is projected to open in October or November 2011.
Chairman Schepler opened the floor to questions and comments from the audience. There was no one
in the audience who wished to comment regarding this matter.
Motion by Nadeau, seconded by Ekstrom, to recommend approval to the City Council with regard to File
No. Z‐770, an application for conditional use permit to allow the operation of a restaurant with alcoholic
beverages on the property located at 2302 North Richmond Road as presented by applicant Blake
Richmond LLC, subject to the following condition:
Planning and Zoning Commission
June 30, 2011
Page 3
That the conditional use permit shall expire and become null and void if the restaurant closes for
a period of six continuous months;
and that Table 31, the Criteria for Conditional Use Permits, of the Zoning Ordinance, has been met.
Voting Aye: Buhrman, Doherty, Ekstrom, Nadeau, Schepler, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Morck.
Motion carried 6‐0.
Chairman Schepler closed the Public Hearing regarding File No. Z‐770 at 7:45 p.m.
Preliminary and Final Plats of Subdivision
Lot 1A of the Resubdivison of Rubloff Towne Centre
In attendance was Matt Whisz of Interplan LLC, who was acting on behalf of Panda Express regarding
the resubdivision of Rubloff Towne Center.
Deputy Administrator Martin provided the commission with the Staff report regarding this matter. He
noted that Panda Express would like to locate a new facility in this subdivision. In order to do so a
resubdivision is required to create an outlot for their building. The creation of the outlot will result in a
loss of 82 spaces from the current 573 spaces on Lot 1, which contains Kohl’s Store. Staff is not
concerned regarding the loss of parking. Staff has reviewed the preliminary and final plat and
recommends approval subject to the following:
1. approval be contingent upon Council approval of the conditional use permit for a restaurant with a drive‐thru facility for
the subject property;
2. compliance with all revisions to the engineering plans and final plat as recommended by the City engineer;
3. the final plat be recorded within six months of Council approval;
4. any existing covenants to the Rubloff Towne Centre Subdivision be amended to include Lot 1A;
5. storm water permit application shall be submitted and best management practices shall be used whenever and
wherever appropriate, as recommended by City engineer in order to reduce/filter runoff into the detention areas;
6. All existing conditions included on the recorded final plat of Rubloff Towne Center subdivision remain in full force and
effect for the newly created Lot 1A.
Chairman Schepler invited questions and comments from the commissioners.
Question was raised as to why Panda Express was constructing a new building rather than utilizing
vacant commercial space elsewhere. Mr. Whisz responded Panda Express prefers a stand‐alone building
and believes this is the best location for their restaurant in the community. Deputy Administrator Martin
interjected Panda Express has been contemplating locating a restaurant in the area for a long time and
has extensively investigated the potential use of other locations prior to making the decision the subject
property would be best suited for the restaurant.
Motion by Ekstrom, seconded by Buhrman, to recommend to City Council, that the Preliminary Plat of
Subdivision and Final Plat of Lots 1A of the Resubdivision of the Rubloff Towne Centre be approved
subject to the following conditions as presented:
Planning and Zoning Commission
June 30, 2011
Page 4
1. approval be contingent upon Council approval of the conditional use permit for a restaurant with a drive‐thru facility for
the subject property;
2. compliance with all revisions to the engineering plans and final plat as recommended by the City engineer;
3. the final plat be recorded within six months of Council approval;
4. any existing covenants to the Rubloff Towne Centre Subdivision be amended to include Lot 1A;
5. storm water permit application shall be submitted and best management practices shall be used whenever and
wherever appropriate, as recommended by City engineer in order to reduce/filter runoff into the detention areas;
6. All existing conditions included on the recorded final plat of Rubloff Towne Center subdivision remain in full force and
effect for the newly created Lot 1A.
Voting Aye: Buhrman, Doherty, Ekstrom, Nadeau, Schepler, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Morck
Motion carried 6‐0.
Public Hearing: Interplan LLC
File No. Z‐Z‐769
2476 N Richmond Rd
Conditional Use Permit
Chairman Schepler called the Public Hearing to order at 7:55 p.m. regarding File No Z‐769 an application
for the following zoning relief as submitted by Interplan LLC for the property located at 2476 North
Richmond Road:
Conditional Use Permit to allow a restaurant with a drive‐thru facility and outdoor seating.
Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on June
14, 2011. 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.
Mr. Whisz of Interplan LLC was sworn in by Chairman Schepler.
Mr. Whisz provided a summary of the conditional use permit request. Utilizing the site plan, he pointed
out the proposed internal traffic pattern and noted the applicant proposes to construct a 2,448 square
foot building on the premises. Entrances would be located on the north and south sides of the building.
It is anticipated there would be internal seating for approximately 58 persons and outdoor seating for
approximately 16 persons.. The trash enclosure would be situated on the northeast corner of the
property and would be constructed to be architecturally compatible with the principal building on the
site. Mr. Whisz provide the commissioners with colored architectural renderings of the proposed
building from all four elevations.
Mr. Whisz stated approximately 30% of the restaurants business would be attributed to drive‐thru
traffic. Hours of operation would be from 11 a.m. until 10 p.m. seven days per week. There would be no
wait staff. Inside patrons would order at the counter and pick up their food when it has been prepared.
Mr. Whisz noted the restaurant is seeking a conditional use permit to allow a drive‐thru establishment
as well as outside seating on the premises. He pointed out there is an escape lane from the drive‐thru
lanes as requested by Staff.
Planning and Zoning Commission
June 30, 2011
Page 5
Deputy Administrator Martin provided the Commission with the Staff report regarding this matter. He
noted the applicant is seeking a conditional use permit regarding the drive‐thru facility and outdoor
seating for the restaurant. Staff has reviewed the design of the site and believes it meets all criteria and
guidelines for the drive‐thru. As previously stated, there is an escape lane and exit for those in the drive‐
thru lane. Staff has requested a “Do Not Enter” sign be posted at the west parking lot island at the
northern end of the escape lane. Staff is also requesting the applicant shift the order canopy to the
north and west as much as feasible so that five vehicles could be accommodated in the stacking area
while avoiding interference with the parking lot circulation.
Deputy Administrator Martin stated Staff has recommended approval of the request subject to the
following conditions being met:
1. conditional use permit shall be revoked and become null and void if the use is not established or a required building
permit is not obtained and construction is not started within one year of the date of approval by City council, or if the
use ceases operation for more than one year;
2. the site shall be developed in substantial accordance with the attached site plan prepared by Interplan LLC dated May 9,
2011 and the attached landscape plan prepared by Interplan LLC and Evergreen Design Group dated May 9, 2011;
3. outside seating shall be with fixed tables and chairs and not intended to be removed daily;
4. an additional “Do Not Enter” sign shall be placed at the end of the west side of the drive‐thru escape lane;
5. the order canopy shall be shifted to the north and west to accommodate five vehicles in the attacking area without
protruding into the southern end of the parking lot.
Chairman Schepler invited questions and comments from the commissioners.
In response to Mr. Whisz’ comment, some discussion followed regarding the difficulty of relocating the
order canopy to accommodate the five‐car stacking area as required by ordinance. Mr. Whisz noted it
would likely be impossible to shift the canopy far enough to the north and west while retaining the
escape lane.
Question was raised as to the possibility of customers calling ahead to place their orders and picking
them up at the drive‐thru window. Mr. Whisz stated he was unsure if this possibility existed as a part of
the services provided by the restaurant.
In response to Chairman Schepler’s inquiry, there was no one in the audience who wished to address
the commissioners regarding this matter.
Motion by Nadeau, seconded by Buhrman, to recommend approval to the City Council with regard to
File No. Z‐769, an application for conditional use permit to allow a drive‐thru facility and outdoor seating
in conjunction with a restaurant on the property located at 2476 North Richmond Road as presented by
applicant Interplan LLC for Panda Express, subject to the following conditions:
1. conditional use permit shall be revoked and become null and void if the use is not established or a required building
permit is not obtained and construction is not started within one year of the date of approval by City council, or if the
use ceases operation for more than one year;
2. the site shall be developed in substantial accordance with the attached site plan prepared by Interplan LLC dated May 9,
2011 and the attached landscape plan prepared by Interplan LLC and Evergreen Design Group dated May 9, 2011;
3. outside seating shall be with fixed tables and chairs and not intended to be removed daily;
4. an additional “Do Not Enter” sign shall be placed at the end of the west side of the drive‐thru escape lane;
5. look into the feasibility of shifting the order canopy to the north and west to accommodate five vehicles in the attacking
area without protruding into the southern end of the parking lot;
Planning and Zoning Commission
June 30, 2011
Page 6
and that Table 31, the Approval Criteria for Conditional Use Permits, of the Zoning Ordinance, has been
met.
Voting Aye: Buhrman, Doherty, Ekstrom, Nadeau, Schepler, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Morck
Motion carried 6‐0.
Chairman Schepler closed the Public Hearing regarding File No. Z‐769 at 8:11 p.m.
Staff Report
Deputy Administrator Martin noted the agenda packets for next week’s Commission meeting were
distributed to the commissioners this evening. The packet also included new ID cards for the
commissioners.
Commissioner Thacker inquired if Centegra Outpatient Therapy was intending to relocate. Deputy
Administrator Martin confirmed they are relocating on North Richmond Road next to Staples. It was also
reported the Pink Door Resale Shop will be relocating to Century Plaza in mid‐August.
Some discussion occurred regarding the location and number of handicapped accessible parking spaces
in front of Chipotle. Deputy Administrator Martin noted the number of spaces is dictated by the Illinois
Accessibility Code.
Adjournment
Motion by Thacker, seconded by Doherty, to adjourn the meeting at 8:20 p.m.
Voting Aye: Buhrman, Doherty, Ekstrom, Nadeau, Schepler, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Morck.
Motion carried 6‐0. The meeting was adjourned at 8:20 p.m.
Respectfully submitted,
_____________________________________
Kathleen M. Kunzer, Deputy Clerk
City of McHenry