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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