Loading...
HomeMy WebLinkAboutMinutes - 10/21/2010 - Planning and Zoning Commission City of McHenry Planning and Zoning Commission Minutes October 21, 2010 Chairman Schepler called the October 21, 2010 regularly scheduled 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, Morck, Nadeau, and Schepler. Absent: Thacker. Also in attendance were: Deputy City Administrator Martin and Deputy City Clerk Kunzer. Chairman Schepler welcomed newly-appointed Commissioner Joseph Doherty. Approval of Minutes Motion by Nadeau, seconded by Ekstrom, to approve the minutes of the Planning and Zoning Commission Meeting as presented: August 19, 2010 regularly scheduled meeting. Voting Aye: Buhrman, Doherty, Ekstrom, Morck, Nadeau, and Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Thacker. Motion carried 6-0. Public Hearing: Corkscrew Point Inc File No. Z-758 1402 N Riverside Drive Conditional Use Permit Chairman Schepler called the Public Hearing to order at 7:32 p.m. regarding File No Z-758, an application for a conditional use permit to allow a restaurant serving alcoholic beverages with live entertainment as submitted by John and Deborah Macrito for Corkscrew Point Inc located at 1402 North Riverside Drive. Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on October 6, 2010. Notices were mailed to all abutting property owners of record and the property was posted as required by ordinance. A Certificate of Publication and Affidavit of compliance with notice requirements are on file in the City Clerk’s Office. In attendance were business owners John and Deborah Macrito who were sworn in by Chairman Schepler. Mr. Macrito provided a summary of the request before the Commission at this Hearing. He noted the business started out as a wine store and the business was also granted a liquor license to serve wine and beer on the premises. Mr. Macrito noted approximately one year ago the Macritos requested a change in liquor license which would allow service of all alcoholic beverages on the premises. The Class A license was granted at that time. Mr. Macrito noted he was recently advised by Staff that the request to have live entertainment on the premises requires issuance of a conditional use permit. He is before the Commission this evening Planning and Zoning Commission October 21, 2010 Page 2 seeking a recommendation to grant a conditional use permit to allow a restaurant serving alcoholic beverages and having live entertainment on the premises. Mr. Macrito noted they have modified the parameters of their business in an effort to help it succeed during this difficult economy. Deputy City Administrator Martin provided the Commission with a Staff Report regarding this matter. He noted the request this evening would permit the operation of a restaurant serving alcoholic beverages and permit live entertainment on the site. He noted the Health Department has already granted a permit to the owners as far as the kitchen and service of food. The initial retail sale of wine has evolved into the present type of business as the need to keep the business viable has demanded. Deputy City Administrator Martin went over the Approval Criteria for Conditional Use Permits and noted the request is in line with all the criteria. It is therefore Staff’s recommendation to approve the request as submitted, subject to the restriction that no outside entertainment be allowed. Chairman Schepler invited questions and/or comments from the Commission. Responding to an inquiry Mr. Macrito stated the live entertainment would largely consist of acoustical guitar, two-piece combos at most. From time to time he might have a stand-up comic or murder mystery events. In response to a question, Mr. Macrito stated the type of food served does not involve a fryer. The typical menu includes wraps, paninis, salads – bistro-type food. He noted it is not likely they would expand the menu at this time. Mr. Macrito stated he felt the need to serve food as a companion to the spirits he is now serving and perceived the two should go hand-in-hand. Responding to inquiries, Mr. Macrito stated he has no plans to modify the business configuration at this time. He stated approximately 50% of his revenue is derived in the retail area. He stated there are about six parking spaces at the rear of the building. Staff park in those spaces. He further noted that 80% of his backroom customers arrive after dinner, listen to the music, and have a drink. Inquiry was made as to the occupancy load for the business being posed on the premises. Deputy City Administrator Martin stated it is not currently posted on the premises and is not typically required. Hours of operation are: Retail Store 11:00 a.m. until 7:00 p.m. Monday through Saturday Martini Bar 5:00 p.m. until 1:00 a.m. Wednesday and Thursday 5:00 p.m. until 2:00 a.m. Friday and Saturday Chairman Schepler noted there was no one in the audience wishing to address the Commission regarding this matter. Motion by Buhrman, seconded by Nadeau, to recommend to the City Council with regard to File No. Z- 758, an application for conditional use permit to allow the operation of a restaurant serving alcoholic beverages with live entertainment, as requested by John and Deborah Macrito for their business Corkscrew Point Inc located at 1402 North Riverside Drive, as presented, be granted subject to the following condition:  The entertainment be limited to the inside of the building and that no outdoor entertainment be permitted; Planning and Zoning Commission October 21, 2010 Page 3 and that Table 31 the Approval Criteria for Conditional Use Permits, pages 357-358 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Doherty, Ekstrom, Morck, Nadeau, and Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Thacker. Motion carried 6-0. Chairman Schepler closed the Public Hearing regarding File No. Z-758 at 7:49 p.m. Public Hearing: City of McHenry File No. Z-759 Text Amendment – Temporary Use Permits Chairman Schepler called the Public Hearing to order at 7:53 p.m. regarding File No Z-759, an application for a text amendment relating to temporary use permits as submitted by the City of McHenry. Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on October 1, 2010. A Certificate of Publication is on file in the City Clerk’s Office. Deputy City Administrator Martin stated current provisions in the Zoning Ordinance permit temporary use permits may be granted by the zoning administrator. However in recent years, the policy has been to take some temporary use permits to Council for consideration while granting others administratively at the Staff level. In an effort to alleviate the disparity in addressing each requested temporary use, Staff brought this matter before the Council’s Community Development Committee for discussion and recommendation. The matter was discussed at length at two committee meetings. The result was a recommendation to design a comprehensive temporary use permit application which would be provided to Council for approval. The matter would be placed on the Council agenda. Depending upon the requirements for City ancillary services, the complexity of the use being requested, and potential impact on the City’s normal operations, the matter could be placed on the Consent Agenda or be reviewed as a regular Agenda item. Deputy City Administrator Martin noted temporary uses are non-permanent uses which could be permitted in any zoning district. In recent years many times when a temporary use permit has been granted, conditions have been placed upon the use. Staff prepared some guidelines which could also be utilized by the applicant in completing their application. The guidelines also provide typical parameters for Council to use in considering each application. Staff is requesting the Commission recommend  approval of a text amendment which would require that all temporary use permits be approved by Council,  approval of the proposed Temporary Use Permit Application;  approval of the proposed Temporary Use Permit Guidelines;  approval of the removal Temporary Use Permits requirements from Table 1 of the Zoning Ordinance. Chairman Schepler invited questions and comments from the Commission. Planning and Zoning Commission October 21, 2010 Page 4 Question was raised whether stores which currently sell products outside, such as a garden center plants, etc., were required to obtain a temporary use permit for these sales. Deputy City Administrator Martin responded it depends upon existing zoning conditions placed upon the property. If a business does not normally have outside sales, then a temporary use permit would be required for such events. Some businesses in town have conditional use permits which provide for year-round outside sales. These businesses would not be required to obtain a temporary use permit. He also noted some of the larger stores request temporary use permits which allow storage of seasonal merchandise in trucks on the premises. In response to an inquiry, Deputy City Administrator Martin noted it was the consensus of the Community Development Committee that requiring all temporary use permit applications to be submitted for Council approval would remove the potential for putting Staff on the spot for making decisions about which type uses should require Council action and those which might be approved administratively. Suggestion was made to include “security” as an item to be addressed on the Temporary Use Permit Application. Security should be included on the proposed guidelines as well. The Commission inquired if Staff was suggesting a fee be required to make application to Council for a temporary use permit. Deputy City Administrator Martin responded no fee has been discussed. Presently a temporary use permit requires a $30 fee plus a $30 deposit which is returned upon conclusion of the event in substantial conformance to conditions placed on it by Council and/or Staff. Chairman Schepler noted there was no one in the audience wishing to address the Commission regarding this matter. Motion by Nadeau, seconded by Morck, with regard to File No. Z-759, to recommend to City Council that a request for text amendment submitted by the City of McHenry for amendment to Zoning Ordinance Section III, General District Regulations, Subsection K, Temporary Uses, to:  require all applicants to complete a Temporary Use Permit Application;  provide guidelines for consideration and issuance of temporary use permits;  require Council approval of any and all temporary use permits;  delete references to temporary use permits from Table 1 of the Zoning Ordinance;  add a noted to temporary use permits for circuses and carnivals cross-referencing Municipal Code Chapter 5 requirements and restrictions;  include line item referencing provision for security (if applicable) on Temporary Use Permit Application and in guidelines for issuance of temporary use permits. be approved as presented. Voting Aye: Buhrman, Doherty, Ekstrom, Morck, Nadeau, and Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Thacker. Motion carried 6-0. Planning and Zoning Commission October 21, 2010 Page 5 Chairman Schepler closed the Public Hearing regarding File No. Z-759 at 8:15 p.m. Other Business It was pointed out that the brick walk in the Elm Street public right-of-way along the First Midwest Bank building at 3510 West Elm Street is failing and is a safety hazard. Deputy City Administrator Martin noted:  WalMart has begun construction of their new facility in Johnsburg;  There is potential for the former Dominick’s Store subdividing and leasing;  McDonald’s has purchased the former LaSalle Bank site at the northeast corner of the intersection of Route 31 and McCullom Lake Road;  Petco has expressed interest in relocating to a portion of the former Circuit City building. Adjournment Motion by Ekstrom, seconded by Nadeau, to adjourn the meeting at 8:25 p.m. Voting Aye: Buhrman, Doherty, Ekstrom, Howell, Morck, Nadeau, and Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Thacker. Motion carried 6-0. The meeting was adjourned at 8:25 p.m. Respectfully submitted, _____________________________________ Kathleen M. Kunzer, Deputy Clerk City of McHenry