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HomeMy WebLinkAboutMinutes - 10/17/2002 - Planning and Zoning Commission Minutes of the City of McHenry PLANNING AND ZONING COMMISSION October 17, 2002 The October 17, 2002 Meeting of the City of McHenry Planning and Zoning Commission was called to order by Chairman Howell at 7:32 p.m. in the Council Chambers of the McHenry Municipal Center. Commission members in attendance: Buhrman, Ekstrom, Franzen, Howell, Nadeau, Thacker. Absent: Cadotte. Staff in attendance: City Attorney Cahill (arrived at 7:34 p.m.), City Planner Martin, Director Community Development Napolitano. Public Hearing: Concord Homes File No: Z-558 Krumholtz Property on South Route 31 Chairman Howell at 7:32 p.m. called to order the Public Hearing regarding the Petition filed by Concord Homes for: • Zoning Amendment to C-5 Highway Commercial District; BP Business Park District; RM2 High Density Multi-Family Residential District; • Variations from the Subdivision Control Ordinance • Variations from the Zoning Ordinance. Chairman Howell noted the Applicants are seeking a continuance and invited Staff to enlighten the Commission regarding this matter. Director Community Development Napolitano stated the Applicants are requesting a continuance due to the fact Staff had not received all required information and documentation to do an adequate analysis of the request. The traffic study was missing. However, the traffic study has now been provided for this development. Staff has several major concerns following review of the traffic study and believes key information may be missing. Discussion occurred regarding the date to schedule the continuance of the Hearing. It was the consensus of the Commission to recess the Public Hearing until Thursday, October 31, 2002 at 7:30 p.m. subject to Staff’s receipt and distribution of pertinent materials at least one week prior to the Hearing. Motion by Buhrman, seconded by Nadeau, to recess the Public Hearing on File #Z-558 regarding the Concord Homes Petition for zoning, variations to the Subdivision Control Ordinance and variations to the Zoning Ordinance to Thursday, October 31, 2002 at 7:30 p.m. Voting Aye: Buhrman, Ekstrom, Franzen, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Cadotte. Motion carried 6-0. The Public Hearing was adjourned at 7:41 p.m. Public Hearing: John Liautaud File No Z-563 4111 Shamrock Lane in Liberty Square Subdivision Chairman Howell called to order at 7:42 p.m. the Public Hearing regarding the petition filed by John Liautaud for a conditional use permit for a restaurant serving alcoholic beverages at 4111 Shamrock Lane in Liberty Square Subdivision. Page 2 P&Z Commission 10/17/02 Chairman Howell noted all publication and notification requirements had been met. The Public Hearing Notice was published on October 1, 2002. An Affidavit of Service is on file in the Office of the City Clerk. In attendance was the applicant, Mr. John Liautaud. Chairman Howell swore in the petitioner. Also in attendance were the following objectors/observers: 1. Ken Anderson, 9N889 Nester Road, Elgin IL 60123 2. Dr. Judson Mitchell, 4100 Shamrock Lane, McHenry IL 60050 3. Amber Mace, 4405 Shamrock Lane #1D, McHenry IL 60050 4. Alan Diehl, 4403 Shamrock Lane, #2A, McHenry IL 60050 5. Dr. J.D. DeLoach, 4100 Shamrock Lane, McHenry IL 60050 6. Tom Gardner, 4311 Shamrock Lane #2G, McHenry IL 60050 7. Mr. and Mrs. Wood, 4313 Shamrock Lane #1B, McHenry IL 60050 8. Dr. Mike Hall, 4100 Shamrock Lane, McHenry IL 60050 9. Bruce Kaplan, 9225 S. Route 31, Lake In the Hills 60156 10. Bob Maser, 3213 W. Bretons Drive, McHenry IL 60050 11. Mike Jones, 9016 Shady Lane, Wonder Lake IL 60097 12. Greg Borner, 4100 Shamrock Lane, McHenry IL 60050 City Planner Martin provided the Commission with an overview of the petitioner’s request. Planner Martin noted the petitioner is seeking a conditional use permit to allow the operation of a restaurant serving alcoholic beverages. He noted restaurants are permitted on the premises. The request to serve alcoholic beverages requires the grant of a conditional use permit. Following the granting of the conditional use, the petitioner would be required to seek a liquor license from the City’s Liquor Commissioner with the approval of City Council. Planner Martin stated the request for conditional use and liquor license would be considered simultaneously by the McHenry City Council. He noted Staff has no concerns with the request for a conditional use permit. The applicant would like the ability to offer alcoholic beverages to his customers. City Planner Martin reported the City has received numerous (60+) letters in opposition to the petitioner’s request. The letters will be incorporated into the official file regarding this matter. In conclusion, Planner Martin noted Staff recommends approval of the request. Mr. Liautaud opened his presentation before the Commission noting his previous accomplishments in the restaurant industry. He stated food is his primary focus, not the service of alcoholic beverages. Mr. Liautaud presented a concept plan of the proposed restaurant which included a bakery, retail seafood counter, restaurant and kitchen area. He stated his main focus would be lunch and early dinner. There would be a large carry-out, pickup and delivery business as well. Proposed business hours would be Monday through Thursday, 6 a.m. until 9 p.m.; Friday and Saturday, 6 a.m. until 10 p.m.; Sunday from 8 a.m. until 8 p.m. He informed the Commission there would be no bar on the premises. The only alcohol he intends to sell would be beer and wine, and two specialty drinks. He stated his employees would be certified and trained in alcohol awareness. In response to an inquiry, Mr. Liautaud stated there would be two entrances to his restaurant. The seating capacity would be 72 seats. Deliveries would be made in the afternoon, three days per Page 3 P&Z Commission 10/17/02 week for fresh seafood. Drygoods would be delivered twice weekly. All deliveries would be made to the rear of the restaurant. In response to an inquiry, Mr. Liautaud stated he ultimately would offer food order delivery services. Regarding the aesthetic treatment of the site, the petitioner stated no external enhancements would be made to the premises. There would be window signs. He would also have a 4’X4’ signage space in the clock tower monument sign for the development. The proposed name of the restaurant is Snapper Johns. In response to an inquiry, the type of operation proposed is dissimilar to his other retail outlets and restaurants. He stated this proposal is much smaller in scope and yet provides the retail sale of fresh seafood. It would be a unique operation. If the restaurant goes well, there would be plans to expand the operation. Mr. Liautaud stated he chose the proposed location following a research of the area noting there is very limited choice for eating establishments on the south side of McHenry. He stated not all of his family’s restaurants serve alcoholic beverages. He has no history of ordinance violations at his other establishments. The total square footage of the business would be 4,200 square feet. In response to an inquiry he stated there would be ample room for parking. Mr. Liautaud stated he would have a manager on the premises, however, he would be on site 60-70 hours per week. Mr. Liautaud stated, in response to a question, that his business could survive without the sale of alcohol, but he would locate elsewhere if the conditional use permit is not granted. Chairman Howell opened the floor to audience questions. Alan Diehl of 4403 Shamrock Lane inquired how the employees would be trained in alcohol awareness. Mr. Liautaud responded the employees would attend classes and be certified to serve alcoholic beverages. Intoxicated patrons would not be welcomed on the premises. Mr. Diehl inquired at what point the servers would cease serving to a patron. The petitioner stated following certification all who serve alcoholic beverages will be provided knowledge used to determine when a patron has over imbibed and should be refused additional drinks. Jerry Lusomtry, 2 S Belmont in Elgin, asked if the petitioner asks someone to leave because they are too intoxicated, how will his staff assure they get home safely? Mr. Liautaud stated the restaurant staff would call and pay for a taxi. Dr. Mike Hall, Dean of Students at Providence Baptist College, 4100 Shamrock Lane, noting more than 200 students as well as numerous faculty members attend the College, inquired why the restaurant could not be operated without the sale of alcoholic beverages, so that it would not be “off-limits” to the College students. The restaurant, if alcoholic beverages are permitted, will be “off-limits” to the students of Providence Baptist College. Mr. Liautaud responded many patrons prefer to have a beer with their seafood and he would like to offer them that opportunity. In response to further Commission inquiry, Mr. Liautaud stated alcohol would only be served for eat-in patrons and would not be provided for carry-out orders. Page 4 P&Z Commission 10/17/02 Chairman Howell invited members of the audience to express their comments and/or statements following being sworn in by the Chair. Ken Anderson, 9N889 Nesler Road, Elgin Illinois 60123: Mr. Anderson stated he is an Associate Pastor at Northwest Bible Baptist Church in Elgin. He noted he is speaking on behalf of Dr. Keith Gomez, pastor of the church, who could not be present for the hearing. If the alcoholic beverages were replaced with community coffee, many of the Staff and faculty, as well as the college students, would more than likely frequent the establishment. Historic Bible believing Baptists have inherent convictions against alcohol and so the church is understandably concerned regarding the possibility of booze being served across the street from their Bible College. He noted others may not share the same convictions. The Church and its Bible College came before the City a year ago to seek a conditional use for the residential Bible College in McHenry at the former location of the Ramada Inn. Included in the many advantages, was getting rid of the alcohol being served at the restaurant and bar at the Ramada Inn. It would seem the problems erased by the removal of the Ramada Inn could once again be brought back if the requested conditional use for a restaurant serving alcoholic beverages is granted. Students of the College are training for ministerial services. One of the attractions of replacing the Ramada Inn with the College was the change to upstanding College Students who are opposed to alcohol. Mr. Anderson noted the Northwest Bible Baptist Church has a considerable sum invested in the College campus property in McHenry. The College is serving in loco parentis and as such is not in favor of an establishment serving alcoholic beverages across the street from the campus and its student population entrusted to its care. Dr. Judson Mitchell, 4100 Shamrock Lane, McHenry IL 60050: Dr. Mitchell thanked the Commission for hearing his concerns. Dr. Mitchell stated he serves as Vice President of Providence Baptist College. He has been an educator for more than 30 years. He noted he has great concerns regarding safety especially in light of a neighbor serving alcoholic beverages. This would jeopardize the existing sense of safety and conservatism that is currently experienced. He has frequently been reminded by the City’s police force as to how good it was to the police department to no longer have to be concerned about the affects of alcoholism and the location of the College. Amber Mace, 4405 Shamrock Lane #1D, McHenry IL 60050: Ms. Mace stated she is opposed to the presence of alcohol on the street on which she and her husband reside, mostly due to safety reasons. Regardless of weather, it would have a bar atmosphere, not the fact that alcohol would be on the premises concerns her. There is only one entrance in/out of the apartment complex on Shamrock Lane. Both Mr. and Ms. Mace arrive home late at night. She is not an advocate of alcohol on the premises. It really does not matter how much or how little is served or concumed. Alan Diehl, 4403 Shamrock Lane #2A, McHenry IL 60050: Mr. Diehl stated he and his wife currently reside on Shamrock Lane. They are expecting a child. They are concerned regarding the safety of themselves and their child. He also expressed concerns regarding the level of alcohol intake and the ability of staff to discern when a patron should be refused additional drinks. Dr. Drew DeLoach, 4100 Shamrock Lane, McHenry IL 60050: Dr. DeLoach thanked the Commission for the opportunity to be heard regarding the proposed restaurant. He noted he has worked at many restaurants. Everyone makes more money at a restaurant where alcoholic Page 5 P&Z Commission 10/17/02 beverages are served. He takes alcohol far more seriously now than he used to. He has reevaluated its affects on his life. In working to bring more people to the church, he has witnessed numerous people who have been negatively impacted by alcohol and alcoholism. He is extremely concerned about the safety of the student population coming/leaving the campus. He stated it is a safety issue versus a revenue issue and asked the petitioner to reconsider having a restaurant without alcoholic beverages. Tim Gardner, 4311 Shamrock Lane #2G, McHenry IL 60050: Mr. Gardner stated he is new to the area, recently married, and moved to McHenry because it is a conservative town. He chose his location to reside mainly due to its environment. It is a safe environment, with slow moving traffic. He stated is opposition to alcohol, having seen the affects of alcohol on many people’s lives. He is opposed due to safety for his family as well as for the citizens around him. Michelle Wood, 4313 Shamrock Lane #1B, McHenry IL 60050: Ms. Wood noted her concerns for safety. She concurs with everything previously stated. As a former waitress of a restaurant serving alcoholic beverages, she stated it is basically impossible to tell if a person is too intoxicated to be served and to be permitted to leave the restaurant on their own power. As a waitress she was at times concerned for her own safety. She stated her concern for her family especially in light of the single entrance to the apartment complex. She has previously moved away from an area where similar concerns were uppermost on her mind. She would like the area to remain alcohol-free. Brian Wood, 4313 Shamrock Lane #1B, McHenry IL 60050: Mr. Wood stated they moved away from the Chicago area to get away from a similar situation as the one being proposed. It was not uncommon to have late night carousing on Friday or Saturday night. The current peaceful quiet atmosphere would be upended if the proposed conditional use is granted. The concept of serving fresh seafood is great. He suggested the petitioner attempt to make a go of the restaurant for one year alcohol-free and see if it is successful without offering alcoholic beverages. Dr. Mike Hall, 4100 Shamrock Lane, McHenry IL 60050: Dr Hall stated his concerns are in two areas, the first being the safety of the students. The College parking lot must be patrolled frequently to prohibit the large open area becoming a “hang-out” for drunks, drug users, and the like. This parking lot is directly across the street from the proposed restaurant. He expressed concern regarding restaurant patrons moving across the street from to the college parking lot to continue their “partying”. The second concern is the College is a small-town rural College. Parents have commented on the safety of their children in the current environment. There have been no problems with conflicting businesses, issues, etc. There is great concern with the establishment of a restaurant serving alcohol in the neighborhood. This could seriously impair recruiting for the College. We take it personally that an establishment serving alcohol be permitted to locate directly across the street from a Bible College. Bruce Kaplan, 9224 S Route 31, Lake In the Hills Il 60156: Mr. Kaplan, a commercial realtor hired by the management firm of Liberty Square, noted a restaurant is a permitted use for the site. He stated he respected the opinions of the College, however, the petitioner has informed the audience the restaurant’s primary focus is on food service. The reduced number of drinks being offered indicates the petitioner’s desire to focus on the food and not on the alcoholic beverages. He opined patrons would be leaving the restaurant turning right onto Shamrock Lane and exiting the area at the stop light. There should be no negative impact on surrounding neighbors. This Page 6 P&Z Commission 10/17/02 would be a business welcome to the community. It would hamper Mr. Liautaud’s business to be prohibited from serving alcohol on the premises. This would be typical for this type of business – to be allowed to provide alcohol as an ancillary service to a full-service restaurant. Mr. Kaplan encouraged the Commission to recommend approval of the conditional use. Mike Jones, 9016 Shady Lane, Wonder Lake IL 60097: Mr. Jones stated the restaurant is a phenomenal concept. He opined the intentions of Mr. Liautaud are good. However, just because someone attempts to try to do something from the outset does not necessarily mean he will be able to maintain it in the original manner. He stated he believed Mr. Liautaud’s intentions are pure and noble, however, reality does not always follow suit. He opined the safety issue is two- fold: geographical and demographical considerations. Not only is there a ministerial college nearby, there is a large hospital in the immediate vicinity. There is also a new medical center going up directly across Route 31 from this site. There is a day care in the immediate area on the hospital campus as well. It would definitely be in the best interest for these businesses if no alcohol was served at this restaurant. He stated it is a very sad thing to have a friend killed by a drunk driver. Mr. Jones encouraged the Commission to make their decision so that it would be in the best interest of the constituents in the area. He stated his concern again regarding the safety of people going to and from the hospitals, day care, emergency vehicles, etc. Steve Regopoulos, 5016 Essington, West Barrington IL 60010: Mr. Regopoulos stated he represents the developer of Liberty Square Shopping Center. This is a first class project for McHenry. This is a quality restaurant being proposed. He noted the serving of alcohol accompanying a fine meal is appropriate. Mr. Liautaud is not proposing a sports bar. People have to learn self-control. The developer has brought Mr. Liautaud and his restaurant to our community. The City of McHenry should be grateful for this new entity. He opined religious groups should not dictate which businesses should be permitted in the community. Greg Borner, 4100 Shamrock Lane, McHenry IL 60050: Mr. Borner noted the meeting began with the Pledge of Allegiance to flag as one nation under God. He went on to quote biblical passages which addressed the negativity of alcohol. There were no further questions or comments from the audience. An inquiry was made by the Commission for the petitioner to consider a two-drink maximum per person at the restaurant. The petitioner stated he would consider the matter. Mr. Liautaud in closing, stated the City of McHenry will be happy with the operation of his restaurant. He does not want to operate a sports bar. He would just like to afford his patrons the opportunity to have a drink with their dinner. Discussion occurred regarding the Council consideration of limiting of the hours of serving alcohol and/or limiting the number of drinks served to each patron in conjunction with their meal. Chairman Howell addressed the audience noting the sensitive nature of the issue before the Commission this evening. The City does allow licensure of alcohol in the City of McHenry. The safety issues raised could be a matter for consideration, however, drivers who have imbibed could currently be on the roadways even without the advent of this proposed establishment. The Commission appreciates the concerns and comments expressed. Chairman Howell invited the attendees to come to the City Council meeting when this matter is addressed. Page 7 P&Z Commission 10/17/02 Motion by Franzen, seconded by Buhrman, to recommend to the City Council that with regard to File Z-563, the request for conditional use permit to allow the establishment of a restaurant serving alcoholic beverages in conjunction with the operation of the restaurant, and that Table 31, the Approval Criteria for Conditional Uses, pages 357-358, has been met. Voting Aye: Buhrman, Ekstrom, Franzen, Howell, Thacker. Voting Nay: Nadeau. Not Voting: None. Abstaining: None. Absent: Cadotte. Motion carried 5-1. Chairman Howell closed the Public Hearing at 8:55 p.m. Other Business Brief discussion followed regarding monthly permit reports, the status of current annexation proceedings, etc. Planner Martin informed the Commission of the following meeting topics: October 31, 2002 Concord Homes November 7, 2002 Captain Rod’s on Route 120 east of the river November 21, 2002 Mercy Medical Center on Route 31. Motion by Franzen, seconded by Nadeau, to adjourn the meeting at 9:00 p.m. Voting Aye: Buhrman, Ekstrom, Franzen, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Cadotte. Motion carried 6-0. Respectfully submitted, _________________________________ Kathleen M. Kunzer, Secretary Planning and Zoning Commission C: Mayor, Aldermen, City Administrator, City Clerk, City Attorney, City Planner, City Engineers, Applicants, Landmark Commission Chairman, Chicago Tribune, Northwest Herald, Aldermen Conference Room, File Copy.