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HomeMy WebLinkAboutPacket - 04/12/2017 - Planning and Zoning CommissionPLANNING AND ZONING COMMISSION MEETING NOTICE DATE: Wednesday April 12, 2017 TIME: 7:30 p.m. PLACE: McHenry Municipal Center (City Council Chambers - South Court Entrance) 333 South Green Street, McHenry, IL 60050 AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Public Input - (five minutes total onnon-agenda items only) S. Consideration of Approval of Meeting Minutes: February 15, 2017 Regular Meeting 6. Z-907 Public Hearing —Use Variance to allow a tattoo parlor and art studio establishment at 3940 Main Street. Applicant: Justin and Cory Murov, 38160 N 4'" Ave., Spring Grove, IL 60081 Requested Actions: Use Variance to allow a tattoo parlor and art studio establishment at 3315 Pearl Street. Location of Subject Property: The subject property is located at 3940 Pearl Street, on the north side of Main Street and east of Borden Street. 7. Staff Report —Next Meeting Date :May 17, 2017 8. Adjourn The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. City of McHenry Planning and Zoning Commission Minutes February 15, 2017 Chairman Strach called the February 15, 2017 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Meyer, Strach, Thacker, and Walsh. Absent: Doherty, Miller, and Sobotta. Also in attendance were: Director of Economic Development Martin, City Attorney Gibson, and Administrative Assistant Wolf. Approval of Minutes Motion by Thacker, seconded by Walsh, to approve the January 18, 2017 regular meeting minutes of the Planning and Zoning Commission Meeting as presented: Voting Aye: Meyer, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Doherty, Miller, and Sobotta. Motion carried 4-0. Public Hearing: John J. Smith File No. Z-905 3315 Pearl Street Conditional Use Permit to allow an assembly use (public/private event/gathering space) along with outdoor seating and entertainment and any other variances required effectuating the aforementioned request. Chairman Strach called the Public Hearing to order at 7:30 p.m. regarding File No Z-905, an application for a Conditional Use Permit to allow an assembly use (public/private event/ gathering space) along with outdoor seating and entertainment and any other variances required effectuating the aforementioned request as submitted by John J. Smith, 3315 Pearl Street, McHenry, IL 60050. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on January 25, 2017. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance was John Smith, 200 S. Green St., McHenry, who was sworn in by Chairman Strach. Mr. Smith provided a summary of the request before the Commission at this Hearing stating he is requesting a conditional use permit for his property at 3315 Pearl Street, McHenry as stated in the narrative attached to his application. Planning and Zoning Commission February 15, 2017 Page 2 Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating in June 2016 the Planning and Zoning Commission considered a request by Mixin Mingle, a company which leases a gathering space utilized for public and private events. The leased space can be rented out for a party, office gathering, or other event to users following completion of an application process. The request was subsequently recommended for approval by the Commission and approved by the City Council. John Smith is petitioning the Planning and Zoning Commission for a similar use at 3315 Pearl Street, the former Hostess Thrift Shop, now Smith's Central Garage www,smithscentralgarage.com, After months of interior and exterior renovations completed primarily by John Smith himself, the building is completed and ready to be utilized as a public gathering/event space. Mr. Smith is also seeking an outdoor seating/entertainment area immediately west of the building. At this time the outdoor space is not finished to a point where it could be utilized however the applicant would like the opportunity to offer this outdoor area for use by tenants in the future. Similar to Mixin Mingle a conditional use permit to allow an assembly use is required. The zoning ordinance definition for an assembly use was given. The proposed use at 3315 Pearl Street will bring people to downtown and serve as a destination for people to use a space to host a public/private event. Director of Economic Development Martin stated the accompanying narrative and photographs provided a great written and visual presentation of the building. It is currently a viable event, gathering and party space as well as a great example of the adaptive reuse of an existing older commercial space for another viable business. An important aspect of downtown revitalization is attracting people downtown and keeping them there as long as possible -similar to a shopping center. The proposed use at 3315 Pearl Street will assist in attracting people downtown that may not typically go downtown and this includes people in the City and outside of the City. This is also an "add value" for other area businesses which may benefit from people who may not otherwise visit downtown McHenry. Additionally, patrons who utilize Smith's Central Garage will hire caterers for food which is another opportunity for McHenry businesses. Another draw for users cc i ") s Central Garage is the close proximity to Veterans Memorial Park and the opportunity to have an event at the park and a reception or after -party at Smith's Central Garage. At this point all the events at 3315 Pearl will be inside, however the applicant is planning on improving the outdoor area directly to the west of the building at some point in the future. The outdoor space is approximately 1,000 square feet. The subject property is zoned C-4 therefore no off-street parking is required by ordinance and the request before the Commission is solely for the gathering space at 3315 Pearl and outdoor use of the space immediately to the west of the building. The proposed use is conducive to the neighborhood and a downtown setting and will enhance the downtown. Planning and Zoning Commission February 15, 2017 Page 3 There is a Municipal Parking lot immediately to the east of the building in addition to on -street parking on surrounding streets, as well around the perimeter of Veterans Memorial Park. Director of Economic Development Martin stated letters and correspondence have been received by the Commission from Ms. Maureen Bazan, owner of the property directly west of the subject property, stating concerns with the request. The letters, pictures and correspondence were given to the commissioners and made a part of the public record. Director of Economic Development Martin stated Staff is recommending approval of a conditional use permit to allow an assembly use at 3315 Pearl Street, along with outdoor seating and entertainment with the following conditions: • Access to the outdoor seating area shall be perpetually restricted to the free flow of pedestrian traffic and generally be directly through the building with the exception of emergency access. The outdoor patio shall be completely fenced -off to the general public around the perimeter, with a gate parallel to Pearl Street. Outdoor seating shall be limited to the subject property only; • Applicant shall submit a permit for the outdoor seating area, including proposed fencing and gate as well as ingress and egress points prior to utilizing the outdoor area on the subject property in conjunction with any event in the building on the subject property; • A decorative -style fencing shall be utilized to enclose the proposed outdoor patio area, which is transparent, less than 50% opacity and may include: decorative PVC, vinyl, or wrought iron but not include chain link, solid wood or other fencing which is more than 50% opacity; • Applicant must comply with all regulations of the McHenry County Health Department as well as all provisions of the City of McHenry Alcoholic Beverages ordinance; and Staff finds the requirements of Table 31 for Conditional Use Permits, of the zoning ordinance have been met. Chairman Strach invited questions and/or comments from the Commission. Commissioner Walsh asked how many tables are expected to be fit in the outside area. Mr. Smith stated a water main tap for the sprinkler system would need to come across the street and a pit would need to be dug and put in the alley area for the equipment. It will then be surrounded by paver's brick and just be an outside seating area/patio for the overall concept to be complete. He is unsure of how much seating will fit until after the work is completed. Commissioner Thacker commended Mr. Smith on the remodeling job that has been done on the property. He stated the narrative stated it is 3500 sq. ft and will increase to 7000 sq. ft. when sprinkled. Mr. Thacker asked for clarification on what Lot 3 is on the drawings submitted. Mr. Smith responded Lot 3 is at the rear of the building and remodeling is completed in that space, however the issue is in the sprinklers being added and only when that is done will the Planning and Zoning Commission February 15, 2017 Page 4 capacity of the building be increased. The work is very costly and is still being explored. All fire codes are met with the building the way it currently exists. Mr. Thacker asked if outside music is being proposed. Mr. Smith stated that is not his intent or primary function for the outside space, rather a seating area with perhaps an occasional acoustic guitar player. Attorney Gibson asked about the conditions being presented and asked Mr. Smith if he is in agreement with the conditions. Mr. Smith stated he is generally in agreement but has concerns about the fence. Mr. Smith further stated in regard to the outside area he is envisioning an ornamental iron gate facing Pearl Street and up to the second window on the west side of the building and a solid fence for the remainder. This would allow views to the park and street from inside the building on the west side. Director of Economic Development Martin stated his recommendation was fencing that is 50% opaque including a gate in front. If a solid fence is envisioned by the applicant, the City would not be opposed to that. Mr. Martin clarified that sound will not really be blocked with a fence so a physical decorative barrier is what the City presented. Mr. Smith said he is open to working with the neighbors but doesn't think 50% opaque fencing is going to be desirable to the neighbors. Mr. Martin stated the City is open to other recommendations by the commission. Mr. Smith stated he also envisions a canvas awning coming off the building to cover the outside seating area. Mr. Martin stated the commissioners can recommend removing the 50% opacity recommendation and just state a full enclosure with a gate is required around the space, allowing staff to work with the applicant when the fence permit is applied for. Mr. Smith stated the outside seating area will not be opened up at all in its present state adding he will be improving the area eventually but still intends to start finalizing events if his request is approved. He cautioned however that there is a door to the outside seating area on the west wall and people may filter into the area before it is fully improved. Mr. Martin stated a recommendation can be made by the commissioners to the timing of the use of the outside space if they feel the need to do so. Chairman Strach opened the floor to questions and comments from the audience. The following were sworn in by Chairman Strach prior to their addressing the Commission: Maureen Bazan, owner of 3317 Pearl Street, next door to the subject property, stated she been communicating with Mr. Smith about the building and he has addressed most of her concerns in the discussions so far at this meeting. She is very happy with the work done on the property and likes the recommendation Mr. Smith made of having a solid fence on the west side to provide privacy for her tenants. Ms. Bazan suggested she would welcome a more restrictive recommendation specifically regarding the fence and she doesn't have an objection to the outside seating if it is contained as proposed but she would like more limited hours than what the noise ordinance allows such as outside entertainment ending at 9:30 or 10pm in respect to her tenants. Her concern about outdoor entertainment is that if Mr. Smith is not present at the events she is concerned control of the noise can become unmanageable and asked the commission to perhaps limit outside entertainment to one or two special event times a year. Planning and Zoning Commission February 15, 2017 Page 5 Director of Economic Development Martin clarified the noise ordinance does have a beginning time but if neighbors feel the noise and have them monitor the situation is a nuisance before 11 p.m., they can always call the police and ask the partiers to bring the noise down — at any time during an event. Mr. Martin stated he simply wanted to clarify the fact of the noise ordinance. Mr. Strach stated the property is in a commercial district and is anon -conforming residential use but further opined the commissioners hear and understand her concerns and will take them into consideration. Mrs. Bazan stated she has no intention of changing the use of her building to commercial use as long as she owns it. Commissioner Meyer opined extreme case scenarios are being presented and the commissioners will take everything stated into consideration. Chairman Strach closed the public comment portion of the hearing at 8:02 p.m. Director of Economic Development Martin clarified the concerns expressed by Mrs. Bazan were: incorporating a solid fence on the west side of the outdoor seating area, limiting the outside entertainment to an earlier ending time, and the type of outside entertainment to be allowed. Discussion ensued regarding the 3rd bullet point in the conditions presented regarding the fence as well as the type and timing of outdoor entertainment. Mr. Smith reiterated it is not his intent to regularly have outdoor entertainment in the outside seating area and would like to be allowed aesthetic ability to not be locked into only one specific style of fencing. Mr. Smith stated he will take the neighbor's concerns into consideration and will do his best to comply with city regulations and all concerns but does not want to be overly -restricted in comparison with other similar types of businesses. Director of Economic Development Martin suggested the Commissioners may strike condition #3 of the recommended conditions regarding the fence and encouraged Mr. Smith to work with staff and the neighbors on the type and style of fencing when the permit is applied for. Gate access off Pearl Street was discussed and explained to Mr. Smith from a safety standpoint. Motion by Meyer, seconded by Walsh, to recommend to the City Council with regard to File No. Z-905, approval of an application for a conditional use permit to allow an assembly use at 3315 Pearl Street, along with outdoor seating and entertainment with the following conditions, as amended: • Access to the outdoor seating area shall be perpetually restricted to the free flow of pedestrian traffic and generally be directly through the building with the exception of emergency access. The outdoor patio shall be completely fenced -off to the general public Planning and Zoning Commission February 15, 2017 Page 6 around the perimeter, with a gate parallel to Pearl Street. Outdoor seating shall be limited to the subject property only; • Applicant shall submit a permit for the outdoor seating area, including proposed fencing and gate as well as ingress and egress points prior to utilizing the outdoor area on the subject property in conjunction with any event in the building on the subject property; • Applicant must comply with all regulations of the McHenry County Health Department as well as all provisions of the City of McHenry Alcoholic Beverages ordinance; be granted, and Staff finds the requirements of Table 31 for Conditional Use Permits, of the zoning ordinance have been met. Voting Aye: Meyer, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None, Abstaining: None. Absent: Doherty, Miller, and Sobotta. Motion carried 4-0. Chairman Strach closed the Public Hearing regarding File No. Z-905 at 8:20 p.m. Staff Report The next Planning and Zoning meeting is scheduled for Wednesday, March 15, 2017. There are no cases submitted as of today. Adjournment Motion by Meyer, seconded by Thacker, to adjourn the meeting at 8:20 p.m. Voting Aye: Meyer, Strach, Thacker, and Walsh. Voting Nay: None. Not Voting: None, Abstaining: None. Absent: Doherty, Miller, and Sobotta. Motion carried 4-0. The meeting was adjourned at 8:20 p.m. Respectfully submitted, Dorothy M. Wolf, Administrative Assistant City of McHenry [PLANNING AND ZONING COMMISSION: STAFF REPORT Zm907 USE VARIANCE TO ALLOW A TATTOO PARLOR AND ART STUDIO FOR THE PROPERTY LOCATED AT 3940 W MAIN STREET] Applicants Justin and Cory Murov 38160 N 4ch Avenue Spring Grove, IL 60081 Requested Action Use variance to allow a tattoo parlor and art studio Site Information Location and Size of Property The subject property is located at 3940 W Main Street and consists of approximately .12 acres. Comprehensive Plan Designation Commercial Main Street Sub -Area Plan Designation Commercial Existing Zoning and Land Use The subject property is currently zoned C-5 Highway Commercial and contains an approximately 4,498 square feet (2,271 square feet on first floor) building. Claws and Paws occupies the unit directly to the west and there are two apartment units on the second floor, a studio apartment on the first floor in the rear of the building as well as a shed at the northeast corner of the site. Adjacent Zoning and Land Use North: C-5 Highway Commercial District, Residential South: C-5, Vacant (Multi -family Residential) East: C-5, Walgreens Pharmacy West: C-5, Grand Prix Car Wash west of Borden Street BACKGROUND: The applicant has been seeking a location for several weeks to open a tattoo parlor and art studio and decided the site at 3940 was the best location. A tattoo parlor and art studio is not currently a permitted or conditional use in any zoning district so a use variance is required. There was a tattoo parlor at 3932 Main however this establishment closed at the end of 2016. The building which the use is proposed is a mixed -use building and has a total of five units (two commercial and three residential). The applicant is proposing to locate on the first floor adjacent to Claws and Paws. [PLANNING AND ZONING COMMISSION: STAFF REPORT Z=907 USE VARIANCE TO ALLOW A TATTOO PARLOR AND ART STUDIO FOR THE PROPERTY LOCATED AT 3940 W MAIN STREET] ANALYSIS: Staff has been working with the applicant, as previously stated for some time to find an ideal location for their business. The applicant's narrative provides a good overview of their proposed business. Staff does not believe a tattoo parlor and art studio will have any adverse land use impacts on adjacent properties or require additional City services. Additionally, there are several commercial vacancies on Main Street including: 3932 Main; 3937 Main and 3902 Main. However an office was recently opened at 3910 Main (formerly Touch of Italy/Grumpy's). Staff believes the proposed use will add an additional element and amenity for people to come to Main Street and supports the use variance. RECOMMENDATION PRIOR TO PUBLIC HEARING: Approval of a use variance to allow a tattoo parlor and art studio on the subject property with the condition the use variance shall expire and become null and void if the tattoo parlor use ceases for a period of six consecutive months. Staff finds all requirements in Table 32(A) of the zoning ordinance have been satisfied. Attachments • Location Map • Application packet 7 [PLANNING AND ZONING COMMISSION: STAFF REPORT Zm907 USE VARIANCE TO ALLOW A TATTOO PARLOR AND ART STUDIO FOR THE PROPERTY LOCATED AT 3940 W MAIN STREET] Location Map: 3940 Main Street Project Narrative This is a request for a Use Variance for the property at 3940 Main Street McHenry, IL 60050, The application seeks approval for the use of a tattoo and art studio at the above address. The studio, Art and Soul Tattoo Company, will be owned and operated by Justin Murov (the artist), who is a professional tattooist with over ten years of experience, and Cory Murov (shop manager), who has administrative office experience with a career in the medical field. Justin has worked in several tattoo shops throughout the years in Fox Lake, Antioch, and Wauconda Illinois and is ready to pursue his dreams and start a business of his own. The studio will provide customers with tattoos from original designs by the artist, as well as original art works by the artist including paintings, drawings, etc. The studio will not perform body piercings. The studio will engage the community by hosting events such as art exhibitions which will give local artists an opportunity to showcase their art works, painting and drawing classes, and youth art workshops which will teach kids how to use art as a creative outlet. It is the studio's intent to provide a safe and sanitary work area following the regulations set forth by the Illinois Department of Public Health in the Body Art Code, as well as The Tattoo and Body Piercing Establishment Registration Act. FORM A PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry File Number Z_qO7 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 1. Name of Applicant t11 5AiY1 MW-ps ��Teee�Il Zz,+717-Ll�O CeDvi %Address.3S490 e W'C_ �5�7'��I<0IN.-e2�CJusNn) City - S p(l n ( tYtg ! State Zip l Q p(� - 2. Name of Property Owner_. Cori et-jon Tel �'73'" �Ct3"S�ilB �1}cxvts� (If other than Applicant) `� ���� Address (910, AL Y1i1 bDg c t � 1jengpP 411,1 bZ,0 -L4UD- 4 10-7 Ckeci) City () h1t�(2t.1-tl Stated_ Zip�Ce�(/ 3. Name of Engineer (If represented) Address State Zip 4. Name of Attorney (Ifrepresented) Address Tel Fax Tel Fax 5. Common Address or Location of Property _''JR�lC7 �0.tN ��yp � N1c ue lYL2 6. Requested Actions) (check all that apply) Zoning Map Amendment (Rezoning) Conditional Use Permit Zoning Variance _Other Zoning Variance —Minor _Zoning Text Amendment Use Variance *Definition of Minor Variance: A variance granted to the fee owner, contract purchaser or option holder of asingle-family detached or attached dwelling, or single-family detached or attached building lot for that dwelling or lot. FORMA Page I of 3 Current Use of Property _C OYYYM PCCI Cs �) Oda r 4 i C 2kcl� I S-iC1CP 8. Current Zoning Classification of Property, Including Variances or Conditional Uses C—S 1Ihlnc aA ('nYV1 QCUC1�� 9. Current Zoning Classification and Land Use of Adjoining Properties North: C�� �-�-iC�4�UNK.t,f �.i�YVIYVLOX'(.(Cr� South: C • Cl. East: L A'YIUI PlA A CO W Ak((,j tZQ West: C S "IA'Yt al('LVl CbOA W,T U CQ 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. �l. Application Fee (amount)$ q50.00 2. Narrative Description of Request 3, FORM A — Public Hearing Application _4. FORM B — Zoning Map Amendment (Rezoning) Application 5. FORM C — Conditional Use Application 6, FORM D — Zoning Variance Application 7, FORME —Use Variance Application 8. Proof of Ownership and/or Written Consent from Property Affidavit Z9. Plat of Survey with Legal Description 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice _12. Sign (Provided by the City, to be posted by the Applicant) _13. Site Plan _14. Landscape Plan 15. Architectural Rendering of Building Elevations 16, Performance Standards Certification _17. Traffic Analysis _18. School Impact Analysis 11. l�S7u[1 Owner in the Form of an of 3 2 Disclosure of interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Comoration or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust I£ the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Suture of Applicant(s) Print Name and Designation of Applicants) COVA "UMI FORM A Page ¢'of 3 FORME File Number Z -010 USE VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Strect McHenry, II 60050 o Tel: (815) 363-2170 a Fax: (815) 363-2173 Table 32(A) of the City of McHenry Zoning Ordinance provides that m recommending approval or conditional approval of a use variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request 1. Practical Difficulties or Particular Hardship The strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 2. Reasonable Return The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the Zoning Ordinance for the pertinent zoning district. 5 k 15 k Y o' -( 3. Unique Circumstance Special circumstances exist that are peculiar to the property for which the use variance is sought which do not apply generally to other properties in the same zoning district. �1�� cif 'a.,�ts►IRSS Jt"v o�ru,�.Q S��cczSs.('uUt�• FVl(Nl>; Page 1 of2 4. Not Alter Local Character The granting of the use variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. ,� k 111ibtc�l cl sF ri't� 1t a.01th��1� h(cinYten�'�n �rLs 117L is Lull U©s-1 Y CatMrtittnl+� ��tl�fs 5. Consistent with Comprehensive Plan The granting of the use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. r urttvi is Page 2 of 2 A 001(12 the property owner at 3940 Main Street Mchenry, IL 60050 give my consent for Justin and Cory Murov to apply for a Use Variance. I acknowledge there intent is to operate a tattoo and art studio at the property. I give my consent for a sign to be posted for notice of the public hearing in front or in the window of the property. Owner: Print Applicant: DVS l,LLO Print Sign Sign /cJz3.�-7 Date L Date -nn IL , Kj' Applicant: `�� i /1,,ti J 22 Print Sign Date AY% (M). 785-1344 - - ( (�3� 735_45i5 PLAT o f SURVEY WEB x5orsess a - - afY foralana coal u y McTIGUE & ASSOCIATES, LTD.. am Ir! 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