HomeMy WebLinkAboutMinutes - 07/09/2009 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Meeting
July 9, 2009
Chairman Howell called the July 9, 2009 regularly scheduled meeting of the City of McHenry
Planning and Zoning Commission to order at 7:30 p.m. In Attendance were the following:
Ekstrom (arrived at 7:35 p.m.), Howell, Morck, Nadeau, Schepler, Thacker. Absent: Buhrman.
Also in attendance were: Attorney Kevin Chrzanowski, Deputy City Administrator Martin,
Deputy Clerk Kunzer.
Approval of Minutes
Motion by Nadeau, seconded by Schepler, to approve minutes of the Planning and Zoning
Commission as follows as presented:
June 18, 2009 regularly scheduled meeting.
Voting Aye: Howell, Morck, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Buhrman, Ekstrom.
Motion carried 5-0.
Public Hearing: Buddyz Riverwalk Inc
File No. Z-743
3542 Waukegan Road
Conditional Use Permits
Chairman Howell called the Public Hearing to order at 7:31 p.m. regarding File No. Z-743, an
application for conditional use permits to allow the following as requested by Buddyz Riverwalk
Inc for the property located at 3542 Waukegan Road:
1. A restaurant serving alcoholic beverages;
2. Live entertainment within the restaurant;
3. Outdoor seating in conjunction with the restaurant.
In response to Chairman Howell inquiry, Deputy Clerk Kunzer stated no Certificate of
Publication, nor affidavit of posting the subject property or receipts of certified mailing to all
abutting property owners have yet been filed with the City Clerk’s Office. Chairman Howell
stated the hearing will be held with the understanding that if the applicants do not furnish
verification that all notice requirements have been met, the hearing will be considered null and
void. Subsequent to the hearing, the Applicant furnished a Certificate of Publication and
receipts of certified mailing to abutting property owners verifying notice was published in the
Northwest Herald on June 16, 2009. An affidavit of property posting and compliance with all
notice requirements is now on file in the City Clerk’s Office.
In attendance were Applicants restaurant owners Joseph K. Scarnato (Sr) and Joseph A. Scarnato
(Jr) who were sworn in by Chairman Howell.
Planning and Zoning Commission
July 9, 2009
Page 2
Mr. Scarnato Sr stated the proposed Riverwalk restaurant would be the second owned by the
Scarnato family. They have operated a 3,000 square foot facility in Algonquin for the past four
years. He noted they run a clean operation, hosting a family-oriented Italian restaurant featuring
pizza and other Italian sandwiches and dishes. The family has been in the restaurant business for
16 years.
Commissioner Ekstrom arrived at 7:35 p.m.
Mr. Scarnato Sr stated the family is looking forward to opening their McHenry restaurant which
would include an outdoor seating area for patrons to be able to enjoy the Riverwalk view. There
would be no live bands; however, they typically host karaoke nights two days per week and
occasionally have an acoustical guitarist entertain for the guests.
Mr. Scarnato Jr stated the restaurant is a family-driven operation featuring dining in, carry-out
and delivery. The Scarnatos are community oriented and intend to support local baseball teams,
host dinner nights out, and give back to the community through monthly donations from the till.
As Buddyz is not a chain, they would be able to include more local flavor in the ambiance and
décor.
Mr. Scarnato Sr stated they have secured a commitment from an experienced restaurant manager
to manage the McHenry facility.
Deputy City Administrator Martin provided the Staff Report regarding this matter. He stated a
conditional use permit is required for the Applicants to be able to serve alcoholic beverages to
restaurant patrons. In addition the applicants intend to occasionally have live entertainment and
would like to create an outside eating area on the premises which require securing a conditional
use permit as well. The developer for this site has obtained expanded site plan review as required
by the Downtown Plan. Staff supports the requests subject to the following conditions:
1. There shall be no outside entertainment;
2. The outside seating area shall be gated off from direct entry from the building exterior;
3. The outside seating area shall have fixed tables and chairs, permanent but not
permanently affixed.
Mr. Scarnato Jr inquired if the City would be requiring an access from outside to the patio
seating area. Deputy City Administrator Martin responded the City would not be requiring such
an access.
Chairman Howell invited questions and comments from the Commission.
Responding to an inquiry regarding the proposed seating capacity, Mr. Scarnato Jr stated he
anticipates a maximum capacity of 140: 110 in the dining room; 30 in the patio. In response to
further inquiry, Mr. Scarnato Jr. stated the bar area is separate from the dining room. The
restaurant dining area is adjacent to the front entrance with the bar area in the rear. He stressed
this would not be a bar or tavern. This is a full-service restaurant which would serve beverage of
choice to its patrons. He explained the family is hoping to fill a unique niche in McHenry.
Planning and Zoning Commission
July 9, 2009
Page 3
Question was raised as to the possibility of carry-out alcoholic beverages. Mr. Scarnato Sr
stressed they have no intention of selling packaged liquor. They would have a full-service bar but
not sell packaged goods.
In response to an inquiry, Mr. Scarnato Jr stated if the entertainment is bothersome to the condo
residents which live above the restaurant, the entertainment would be dropped. He emphasized
this is a food-driven business.
Inquiry was made as to where the pick-up delivery portion of the restaurant would be located and
where the staging of vehicles for delivery would occur. Mr. Scarnato Jr explained the delivery
area would be from the rear of the building toward the parking area. The pickup/carry-out area
would be at the front entry of the building.
Some discussion followed regarding the amount of available parking for the restaurant and other
retailers within the building, in addition to the residential condo owners. Deputy City
Administrator Martin noted there would be approximately 80 total parking spaces on the site
(including within the parking garage), 40 of which would be dedicated for public use. Mr.
Scarnato Sr stated they might request the City consider installing 2-hour parking in the spaces
along Green Street to assist with available parking for the retail patrons of the building.
Mr. Scarnato Jr stated the hours of operation would be approximately as follows:
Monday thru Friday 11 a.m. until midnight
Saturday and Sunday noon until midnight.
He stressed the hours might be reduced depending upon the patronage of the later hours. He
stated the restaurant might actually close earlier. For clarification purposes, he stated that the
kitchen is open until the restaurant is closed. Mr. Scarnato noted the restaurant intends to
promote being open following school basketball and football games or other events, particularly
as this is a family-oriented business.
Responding to an inquiry, Mr. Scarnato Sr stated the building would be vented through a central
exhaust system. Each oven, stove and dishwasher would be vented as required by the Health
Department. The hoods would vent into the central exhaust system. All exhaust hoods have
filters which are changed monthly. The restaurant’s entire exhaust system is cleaned twice per
year. Mr. Scarnato Jr stated it is imperative the facility have air balance before the Health
Department authorizes the restaurant to open.
In response to Chairman Howell’s inquiry, there were no comments or questions regarding this
matter from the audience.
Motion by Nadeau, seconded by Thacker, to recommend to the McHenry City Council, that with
regard to File No. Z-743, a request from Buddyz Riverwalk Inc. for conditional use permits to
allow the following for it facility located at 3542 Waukegan Road:
1. A restaurant serving alcoholic beverages;
2. Live entertainment within the restaurant;
3. Outdoor seating in conjunction with the restaurant; service of alcoholic beverages in
subject to the following conditions:
a. There shall be no outside entertainment;
Planning and Zoning Commission
July 9, 2009
Page 4
b. The outside seating area shall be gated off from direct entry from the building exterior;
c. The outside seating area shall have fixed tables and chairs, permanent but not
permanently affixed.
be granted; and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358
of the Zoning Ordinance, has been met.
Voting Aye: Ekstrom, Howell, Morck, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Buhrman.
Comments from Commission:
Commissioner Nadeau expressed his reservations regarding the availability of adequate parking,
but noted there is parking nearby, and hopefully, patrons will be directed by signage to its
location.
Motion carried 6-0. Chairman Howell closed the public hearing at 8:07 p.m.
Public Hearing: Core Downtown Sub-Area Plan
Chairman Howell called the Public Hearing to order at 8:08 p.m. regarding the City of McHenry
Core Downtown Sub-Area Plan.
Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on
June 20, 2009.
Deputy City Administrator Martin provided the Commission with a staff report regarding this
matter. He noted the Core Downtown Sub-Area Plan was created following lengthy input and
discussion by the Community Development Committee. Two community design workshops
were held in order to secure public input. The area included in the plan is basically three
planning areas:
1. Area west of Green Street and south of Route 120;
2. Area east of Green Street and south of Route 120;
3. Area north of route 120.
Deputy City Administrator Martin stated the plan is being presented at Public Hearing this
evening in order to provide the public an opportunity to comment and ask questions. Following
the public comment, Staff is seeking a recommendation to Council regarding its inclusion in the
City’s Comprehensive Plan.
Chairman Howell invited questions and/or comments from members of the Commission.
Commissioner Nadeau stated he liked the plan. He particularly liked the idea Venice Avenue
extension idea to facilitate traffic flow between Green Street and Riverside Drive. He suggested
the City should dredge Boone Creek to make it more appealing and to use the water to its full
advantage in developing the Riverwalk. He further suggested the City put in landscape islands in
route 120 to break of the hard concrete appearance and make the area more pedestrian-friendly.
Planning and Zoning Commission
July 9, 2009
Page 5
He noted he likes the idea of eliminating on-street parking on Route 120 and replacing the
parking spaces with a green space.
Deputy City Administrator responded Route 120 is a state highway and the City would likely not
be able to construct islands in the right-of-way. Before any on-street parking is removed, there
would have to be alternate parking secured. He noted if on-street parking is removed from Route
120, the business entities along the highway would notice a loss of business. They are dependent
upon the use of the on-street parking spaces.
Chairman Howell noted on-street parking spaces are good for business so that patrons can run in
and out as they do their errands. He noted there is a delicate balance in creating a pedestrian-
friendly area while at the same time creating a magnet for the current automobile-driven society.
The city needs to ensure that it continues to make the McHenry downtown vehicle-friendly as
well as improve the aesthetics.
Commissioner Thacker stated Green Street is not very busy right now. He suggested there is a lot
of parking behind the buildings along Green Street. Deputy City Administrator Martin noted
some of the parking might be eliminated as some of the sites are redeveloped. Commissioner
Thacker noted some of the stores in the downtown do not have a great façade and suggested they
need to improve their external aesthetics. He mentioned how the Green Pearl Bistro (formerly
the Whale’s Tail) has been completely renovated and how it enhances the area.
Commissioner Ekstrom stated the plan refers to the historic significance of the Dobbyn’s House
which has now been razed. She suggested modifying the language accordingly. Deputy City
Administrator Martin responded although the buildings are gone, the City believes historic
architecture methods could be used in the redevelopment of this property. He noted the City does
not want to lose track of what the downtown was, what it is and what it can become.
Commissioner Thacker noted the Dobbyn’s House property is a prime parcel of property. He
inquired as to its status at this time. Deputy City Administrator responded the owners are looking
to sell the property.
Commissioner Schepler stated it is good that public participation has been sought in the
development of the plan. He opined this is a good document to be utilized moving forward as the
downtown is reconfigured and redeveloped.
Chairman Howell opened the floor to public comment and questions. The following were sworn
in by Chairman Howell prior to speaking before the Commission:
Debbie McClaughery, 5320 West Highland Drive, McHenry: Ms. McClaughery stated she would
like to see a copy of the plan to review it. Deputy City Administrator Martin stated he would
mail here a copy. Ms. McClaughery noted Riverside Drive business concerns were addressed
when 15-minute parking was added. She requested the City install directional signs at the
intersections indicating the location of available parking.
Planning and Zoning Commission
July 9, 2009
Page 6
Frank Marasco, 3115 Riverstream Drive, McHenry: Mr. Marasco suggested the Green Street
business owners be encouraged to enhance their facades in a color scheme which would
complement each other. He opined this would make the street more cohesive. He also suggested
changing the street lighting. He stated more retail-oriented businesses should be located on
Green Street. He opined if his suggestions are followed, it would really spruce up Green Street.
David Miller, 1208 North Riverside Drive, McHenry: Mr. Miller reiterated what had been stated,
particularly with regard to businesses that are allowed to have occupancy in the retail district. He
noted as downtown buildings become vacant the City should allow only retail-oriented
businesses to have occupancy. He opined the City should not allow service-related businesses in
its downtown areas. He stated it would be fairly easy to create an occupancy code whereby new
tenants would have to meet the retail criteria or be refused to occupy a building.
Mr. Miller further stated there are 2-hour parking restrictions in the downtown districts which are
not currently being enforced. Some business owners are violating the parking ordinance. He
suggested the City needs a meter maid to enforce the parking ordinance and to open up some of
the parking spaces. Mr. Miller also stated there is an area east of Green Street (behind the
businesses) that needs to be improved. He suggested there should be better ingress/egress from
parking areas. He noted it would be good to utilize all available parking east of Green Street as
the McHenry Savings Bank could sell their Green Street property and the City would no longer
have use of its parking spaces on the banks property.
Mr. Miller stated with regard to the parking for the Riverwalk Center, there may not be enough
parking, especially as there will be eight other retailers located in its ground floor, in addition to
the restaurant. No mention was made regarding the need for the other merchants to have parking,
plus the need for employees of the restaurant and other Riverwalk Center businesses to park.
William Schwartz, 1249 North Green Street, McHenry: Mr. Schwartz stated he owns the
building which formerly housed Carey Appliance. His daughter has the quilt business on Green
Street. He noted he is interested in Green Street and making it more viable. He stated he is in the
process of removing the wood panels from the front of his building. Deputy City Administrator
Martin informed the Commission the City has a Façade Improvement Grant Program available
through the Landmark Commission. The Program is available for use on buildings which are at
least 50 years old.
There was no further comment from the public. Chairman Howell closed the Public Comment
portion of the hearing at 8:32 p.m.
Motion by Nadeau, seconded by Morck, to recommend to the McHenry City Council, that the
Core Downtown Sub-Area Plan be adopted and incorporated in the City of McHenry
Comprehensive Plan as presented.
Voting Aye: Ekstrom, Howell, Morck, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Buhrman.
Planning and Zoning Commission
July 9, 2009
Page 7
Motion carried 6-0. Chairman Howell closed the public hearing at 8:33 p.m.
Other Business
Brief discussion occurred regarding the following:
• Status of the City’s purchase of the McHenry Shores Water Company;
• Status of Kotiw’s Mill Street Project;
• Private use of wind generators in the community and how the Zoning Ordinance
regulations would be applicable;
• Status of Verizon Wireless request for conditional use permit before City Council;
• Targeted zoning for downtown business districts and options the City may have to
prevent over population of service-oriented businesses in retail district;
• Status of vacant Wickes Furniture Store; suggestion was made to inquire if Sweet Home
Furniture would be interested in locating in McHenry;
• Status of Wal-Mart relocation.
Deputy City Administrator Martin stated the July 23, 2009 meeting is being canceled for lack of
agenda. The next meeting will be August 6, 2009.
Adjournment
Motion by Nadeau, seconded by Ekstrom, to adjourn the meeting at 8:43 p.m.
Voting Aye: Ekstrom, Howell, Morck, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Buhrman.
Motion carried 6-0.
The meeting was adjourned at 8:43 p.m.
Respectfully submitted,
_______________________________
Kathleen M. Kunzer, Deputy Clerk
City of McHenry