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HomeMy WebLinkAboutMinutes - 02/19/2004 - Planning and Zoning CommissionMinutes of the City of McHenry PLANNING AND ZONING COMMISSION February 19, 2004 The February 19, 2004 meeting of the City of McHenry Planning and Zoning Commission was called to order by Chairman Howell at 7:34 p.m. in the McHenry Municipal Center Classroom. Commission members in attendance: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Absent: Franzen. Also in attendance: Planner Martin, Deputy Clerk Kunzer, Attorney Kelly Cahill, Mayor Low, Alderman Murgatroyd, City Administrator Maxeiner, and Court Reporter Gina Zangara. Approval of Minutes Motion by Nadeau, seconded by Buhrman, to approve the minutes of the Planning and Zoning Commission as follows: • February 5, 2004 regularly scheduled meeting. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen. Motion carried. Public Hearing: Terry and Doreen Wilborn File No. Z-608 4907-4909 West Elm Street Chairman Howell at 7:35 p.m. convened the Public Hearing regarding: • an application for conditional use permit to allow a restaurant serving alcoholic beverages and having live entertainment and dancing; • an application for variance to permit a lot width of 160’ along an arterial roadway in a commercial zoning district; as filed by Terry and Doreen Wilborn for the property located at 4907-4909 West Elm Street in McHenry. In attendance for the applicant were Attorney Thomas Cowlin, Petitioner Terry Wilborn and adjacent property owner Robert Diedrich. Chairman Howell swore in Petitioner Wilborn and Mr. Diedrich. Also in attendance in the audience were the following: 1. Samuel Diamond, 3431 West Elm Street, McHenry. 2. Jerry Davenport, 137 Cross Trail, McHenry. 3. Jack and Sherri Moos, 4911 West Elm Street, McHenry. 4. Robert and Connie Young, 2207 Aspen, Woodstock, IL 60098. 5. Jeff and Teresa Beckler, 3407 Forest Rd, McHenry. 6. Victoria and Michael Warren, 1309 N Hillside Lane, McHenry. 7. Jim and Mary Beth Ong, 1517 N Meadow Lane, McHenry. 8. Jim Molnar, 1019 Hanley, McHenry. P&Z Commission February 19, 2004 Page 2 9. David Albanese, 1222 Tamarack Ct, McHenry. 10. Al Payne, 5003 West Bonner Drive, McHenry. 11. Bill Britton, 4904 West Bonner Drive, McHenry. 12. James Mueller, 4910 West Bonner Drive, McHenry. 13. Jessica Palko, 4910 West Bonner Drive, McHenry. 14. Katie Moos, 4900 West Bonner Drive, McHenry. 15. Joe Kirchmeyer, 849 Rhodes St, Woodstock IL 60098. 16. James and Susan Wilmington, 4714 Patty, Ringwood, IL 60072. 17. Brian and Joyce Bara, 1307 N Riverside Drive, McHenry. 18. Carol and Jim Chrisman, 1411 Glen Drive, McHenry. 19. Bob Gray, 2305 Edgewood Ct, McHenry. 20. Jim and Mary Finch, 4818 Inmans Way, Ringwood, IL 60072. 21. Rex Olson, 4910 West Elm Street, McHenry. 22. Chuck Beckler, 1918 North Flower Street, McHenry. 23. Merle Janssen, 3215 Bayview Lane, McHenry. 24. Tim and Tibby Lamz, 4216 South Street, McHenry. 25. Jeff Schirmbeck, 4914 Glenbrook Trail, McHenry. 26. Todd Griglin, 4744 Crystal Trail, McHenry. 27. Gary and Jean Busse, 4914 West Bonner Drive, McHenry. 28. LadonnaWright, 2216 North Ringwood Rd, McHenry. Chairman Howell stated Public Notice was published in the Northwest Herald on January 31, 2004. A Certificate of Publication is on file in the Office of the City Clerk. Certified notices were mailed to all adjacent property owners. An affidavit of service is on file in the Office of the City Clerk. Chairman Howell explained the hearing procedures and stated at the conclusion of all testimony, questions and comments, he would request a motion from the Commission to recess the hearing until such time as the commissioners are able to review all information, documentation, testimony, and exhibits provided. Attorney Cowlin provided an opening statement, noting he represents the applicants Terry and Doreen Wilborn who are requesting a conditional use permit to allow a restaurant serving alcoholic beverages and having live entertainment and dancing. The applicants are also seeking a variance to allow a 160’ wide lot in the commercial district. He noted the Zoning Ordinance requires a minimum lot width of 200’ along an arterial street in the commercial district. Attorney Cowlin stated the lot width is pre-existing and the requirement for a variance would therefore appear to be unnecessary. The variance request is being sought in order to comply with Staff’s recommendation. Attorney Cowlin stated the restaurant would be the primary use. Secondary ancillary uses would be the service of alcoholic beverages, live entertainment and dancing. Planner Martin provided an overview of the Staff Report. He restated the requested actions: conditional use permit to allow the operation of a restaurant serving alcoholic beverages with P&Z Commission February 19, 2004 Page 3 live entertainment and/or dancing; variance of required lot width from 200 feet to 160 feet for the property located at 4909 and 4907 W. Elm Street. He noted as of this date, the city has received a total of 93 objections to this petition. Planner Martin stated Staff is concerned about the ambiguous language and/or statements contained in the petition and the possibility of adverse impacts on the surrounding land uses. The petition indicates that there will be an open floor plan; however, no floor plan has been provided for Staff review. The Petitioner compares the proposed use to an “Applebee’s-style restaurant”, yet is proposing to stop food service at approximately 9 p.m. while remaining open until 1 a.m. or 2 a.m. This would appear to be inconsistent with typical restaurant-style service. Another Staff concern is the proposed parking configuration including 11 spaces at the rear of the building, adjacent to existing residential land use. Additionally, no buffer or barrier other than a fence is proposed between the restaurant and adjacent residential homes to the immediate south of the site. In addition, none of the establishments on the surrounding properties are open as late as the proposed establishment. No screening is proposed for less-intense commercial properties to the east and west. The business to the east of the subject property is not open on weekends; the property to the west is a “family-style” and “family oriented” establishment that does not serve alcohol, has no entertainment, and closes at 10:30 p.m. on Fridays and Saturdays. The property to the south is single-family residential. None of these abutting uses are compatible with the proposed use on the subject property. Planner Martin stated issues of compatibility and consistency with the character of the surrounding area are critical and are vital in evaluating a conditional use permit. All of the criteria contained in Table 31 of the Zoning Ordinance must be met in order to fulfill the requirements for the issuance of a conditional use permit. If adjacent land uses are incompatible, potential adverse impacts are anticipated, and disruption of the character of the surrounding area could occur, the issuance of a conditional use permit would not be appropriate. Planner Martin also noted the proposed parking on the site is not in conformance with the requirements of the city’s Zoning Ordinance. The applicant has not sought a parking variance for the proposed site. The factors considered in evaluating a conditional use permit include: traffic (off-site impacts or on-site flow and circulation), environmental nuisances (noise or lighting); neighborhood character (compatibility with surrounding land uses); public services and facilities (police/fire/emergency calls); public safety and health. Staff believes that these criteria have not been met and the explanations provided are very vague and inconsistent: • Traffic flow: 11 parking spaces are in the rear of the site, as well as the dumpster site. This is not appropriate adjacent to a residential single-family district. • Environmental nuisance: noise associated with live entertainment, late hours of business operation; potential site lighting overflow. Sound/noise level has not been addressed and lighting plan has not been provided. P&Z Commission February 19, 2004 Page 4 • Neighborhood character: Staff notes the following issues which will negatively impact the residential neighborhood to the south: late hours of operation; noise from entertainment and/or dancing; and late hours of alcohol service. • Public services and facilities: Staff believes the proposed establishment may generate more police calls based on the proximity to the residential neighborhood to the south and incompatible land uses to the east and west. The site plan indicates no screening is depicted between the subject property and the properties to the immediate east and west. Further Staff believes that the proposed screening to the south is inadequate due to the late hours of operation, alcohol service and live entertainment on-site. • Public safety and health: Staff is concerned regarding inadequate screening, conflicts between hours of operation of existing adjacent businesses and the applicant’s proposal. Additional concerns expressed by Staff include the late hours of alcohol service, parking in the rear of the site, proposed location of the dumpster, onsite traffic flow, light pollution emanating from vehicles transversing and/or parking in the rear of the building, absence of parking lot illumination plan, and fact that customers and employees will be leaving the building at 2:00 a.m. or later, which is not compatible with the single-family residential land use to the south. Staff notes with regard to the request for lot width variance, this is an existing condition not caused by any action taken by the applicant. Planner Martin stated in conclusion, Staff believes the applicant has not demonstrated that the approval criteria providing for the approval of the conditional use permit have been met. It is Staff’s recommendation to deny the requested conditional use permit to allow the operation of a restaurant serving alcoholic beverages with live entertainment and/or dancing. It is Staff’s recommendation to approve the request for lot width variance to allow a lot width of 160’ for 4907-4909 West Elm Street. Attorney Cowlin initiated the Petitioner’s testimony. Mr. Wilborn stated he is the owner of Sloppy T’s Tavern and has recently purchased the subject property located at 4907-4909 West Elm Street. He stated it is not his intention to move the Sloppy T’s operation across Elm Street to the subject property. Mr. Wilborn stated he is proposing an upscale restaurant on the subject premises. The site plan shows 40 parking spaces. Mr. Wilborn said landscaping is included on the site plan, as well. There will be only one entry to the site, which will be a full service access from Route 120. In response to an inquiry from Attorney Cowlin, Mr. Wilborn stated there would be approximately 100’ to 110’ feet between the rear of the proposed building and the residential structures to the south of the site. In response to an inquiry, Mr. Wilborn stated his proposed kitchen hours of operation would be 10:00 a.m. until 10:00 p.m. on Sunday through Thursday. On the weekend, hours would be 10:00 a.m. until 11:00 p.m. The establishment would however remain open until 1:00 a.m. on Sunday through Thursday, and until 2:00 a.m. on Friday and Saturday. P&Z Commission February 19, 2004 Page 5 Mr. Wilborn testified he would have a band on the premises perhaps twice per month. The bands would specialize in 70’s and 80’s music. Karaoke would be available much more frequently. Mr. Wilborn also stated the proposed use would be compatible with adjacent business uses to the east and west. He noted many of his current Sloppy T’s customers live in the area and would most likely be coming to his new establishment. Although no specific architectural plans have been drawn yet, Mr. Wilborn stated he anticipates a concrete floor with open beam ceilings with permanently placed movable furniture. The building would be constructed of cement block, with a brick façade and steel roof. Chairman Howell invited questions of the commissioners. In response to a request for clarification, Mr. Wilborn stated he anticipates building an upscale restaurant. He would most likely serve sandwiches and wraps. He stated he is hoping to improve the class of clientele currently frequenting Sloppy T’s. He envisions several television sets throughout the facility. He noted he will have approximately 5-6 employees, all of whom would park at the rear of the building along the south property line. Mr. Wilburn stated he would not be on the premises during all hours of operation, but would come and go several times daily. In response to a commissioner inquiry, Mr. Wilborn stated he wants to build on the subject property so as to remain in the same area as Sloppy T’s and maintain the same customer base. He noted bumper curbs could be installed on the east and west property lines to delineate his property lines. Chairman Howell invited questions of Mr. Wilborn from the audience. Attorney Sam Diamond, representing adjacent property owners Jack Moos (Happy Jacks) and Robert Young (Seattle Sutton), cross-examined Mr. Wilborn. Major issues of concern addressed were: • Inadequacy of proposed parking; • Potential accumulation of debris at the rear of the building and blowing onto adjacent properties; • Environmental issues, including noise and light pollution; • Safety issues, particularly in light of the adjacent family-oriented business. Jack Moos, Happy Jacks owner and proprietor, inquired what type of kitchen facility was planned for the restaurant. Mr. Wilborn responded no architectural renderings have been done for the site at this time. He stated the proposed size of the kitchen area is 380 square feet. – large enough to prepare sandwiches and wraps. Jeff Beckler of 3407 Forest Road inquired why the Petitioner intends to close down the kitchen of a restaurant at 9 p.m. and keep the facility open until 1:00 a.m. on weeknights and 2:00 a.m. on weekends. Todd Marler of 5004 Bonner Drive asked the Petitioner to work in a complimentary manner with his neighbors. P&Z Commission February 19, 2004 Page 6 James Molnar of 1019 Hanley Drive inquired why the Petitioner does not have a floor plan available for commission review at this Public Hearing. Mr. Wilborn stated he will not draw up a floor plan until he is more certain the zoning requests would be granted. Mr. Molnar inquired if the Petitioner has developed a business plan, to which Mr. Wilborn responded in the negative. In response to further questioning, Mr. Wilborn stated the dance area would be approximately 10’ by 10’. Tables and chairs would be arranged around the dance floor. Mr. Molnar, referring to parking for six employees, and the location of the dumpster in one of the 40 proposed parking spaces, noted the total available parking for customers would be reduced to 33 spaces. He inquired how that could meet the needs of the establishment. Todd Griglin of 4744 Crystal Trail asked Mr. Wilborn how his proposed business would be deemed compatible with a family-oriented ice cream parlor next door. Mike Warren of 1309 Hillside inquired what the primary use time would be. Mr. Wilborn could not identify the primary use time. Brian Bara of 3813 Waukegan Road asked what Mr. Wilborn would do about overflow parking as the parking on site would not be adequate. Mr. Wilborn indicated people could park in the McHenry Quick Oil Change lot and walk across Route 120 to his establishment. In response to another question, Mr. Wilborn stated his liquor license would allow him to begin service of alcoholic beverages at 10 a.m. Gary Busse of 4914 Bonner Drive asked if Mr. Wilborn would actually begin serving liquor at 10:00 a.m. Mr. Wilborn stated his license would allow it, although most likely he would not have any customers until 11:00 a.m. or 11:30 a.m. Chuck Beckler of 1918 North Flower inquired if Mr. Wilborn anticipated selling more alcohol than he presently sells at Sloppy T’s. Mr. Wilborn indicated he would most likely sell more alcohol than food. Mr. Beckler asked Mr. Wilborn questions regarding potential safety of children frequenting Happy Jacks, particularly in the path of drivers who have been drinking at his establishment. Mr. Beckler inquired if the Petitioner was trying to camouflage his move to a restaurant when in actuality it would indeed be a tavern. Mr. Wilborn responded it would be a restaurant. Several questions were asked relating to the Sloppy T clientele and similar patrons who would possible frequent the new facility. Discussion followed. Jeff Schirmbeck of 4913 Glenbrook Trail inquired if the proposed location would best serve the applicant and the City of McHenry. He noted quality of life could be diminished particularly due to noise from bands and karaoke. Testimony continued on behalf of the Petitioner. Mr. Robert Diedrich, owner and proprietor of Sunnyside Company of 4810 West Elm Street indicated Mr. Wilborn has been a good neighbor. Mr. Diedrich stated he had purchased the Sloppy T property approximately one year ago. He intends to utilize the property to expand his current auto dealership. He anticipates expansion to commence during the summer of 2004. P&Z Commission February 19, 2004 Page 7 Chairman Howell recessed the Public Hearing at 9:15 p.m. The Hearing was reconvened at 9:22 p.m. with all members of the Commission still in attendance. Chairman Howell invited Public Comment regarding the matter currently before the Commission for review. Attorney Diamond called the first witness for the Objectors, Jerry Davenport, a planner certified by the AICP. Mr. Davenport stated he was hired by Mr. Moos and Mr. Young to review the Wilborn Project. He went over the approval criteria for granting a conditional use permit. He noted the lack of compatibility for the proposed use adjacent to the family-oriented business which caters to youth under 18 years of age. Mr. Davenport cited concerns of noise, disorderly conduct, parking overflow, possible domestic disturbances. Mr. Cowlin objected to the testimony. A lengthy discussion followed regarding the admissibility of further testimony relating to police records regarding Sloppy T’s. Following the discussion, Chairman Howell stated the City Attorney will review the testimony and the Commission will consider it under advisement. Mr. Davenport went over each of the approval criteria for granting of a conditional use permit, stating his belief the criteria have not been proven within the Petitioner’s application. Additionally, the Petitioner has not adequately proven the right to be granted a lot width variance. Parking requirements would not be met and no request for parking variance is being sought. Likewise, minimum landscaping requirements are not being met and the applicant is not seeking a variance from the Zoning Ordinance. Some discussion occurred regarding nuisance complaints filed against Sloppy T’s. Attorney Cowlin voiced his objection to this line of testimony. Attorney Cowlin then cross-examined Mr. Davenport. Attorney Diamond called the next witness for the Objectors, Jack Moos, owner and proprietor of Happy Jacks. Mr. Moos stated his business caters to families and children as it is a deli-ice cream parlor business. He opined the siting of a restaurant/bar adjacent to his business would have a negative impact on Happy Jacks, which is his sole livelihood. Additionally, Mr. Moos stated he resides four doors to the west of the proposed restaurant on Bonner Drive, and he would feel the repercussions of the restaurant/bar at home as well as at work. Attorney Cowlin cross-examined Mr. Moos. Chairman Howell, noting the lateness of the hour, requested a motion to recess the Public Hearing. Motion by Cadotte, seconded by Nadeau, with regard to File No. Z-608, to recess the Public Hearing until Thursday, March 11, 2004 at 7:30 p.m. in the McHenry Municipal Center Council Chambers. P&Z Commission February 19, 2004 Page 8 Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None: Not Voting: None. Abstaining: None. Absent: Franzen. Motion carried 6-0. Chairman Howell recessed the Public Hearing at 10:55 p.m., noting the Hearing will continue with Public Comment on March 11, 2004. Other Business Planner Martin reported on recent Council action on issues previously presented before the Board. The agenda for the next Planning and Zoning Commission Meeting is a request for conditional use by a bowling alley in Adams Commercial Center, followed by a use variance request on March 18, 2004. Adjournment Motion by Cadotte, seconded by Nadeau, to adjourn at 10:59 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen. Motion carried 6-0. Meeting adjourned at 10:59 p.m. Respectfully submitted, _________________________________ Kathleen M. Kunzer, Deputy Clerk 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.