HomeMy WebLinkAboutPacket - 02/15/2017 - Planning and Zoning CommissionCommunity and Economic Development
333 S Green Street
Second Floor -McHenry Municipal Center
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
ced @ci. mchenry.il.us
www.ci.mchenry.il.us
PLANNING AND ZONING COMMISSION MEETING NOTICE
DATE: Wednesday February 15, 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. Pledee of Allegiance
3. Roll Call
4. Public Input - (five minutes total on non -agenda items only)
S. Consideration of Approval of Meetins Minutes: January 18, 2017 Regular Meeting
6. Z-905 Public Hearing —Conditional Use Permit to allow an assembly use (public/private
event/gathering space) along with outdoor seating and entertainment at 3315 Pearl Street, and
any other Variances required effectuating the aforementioned request.
Applicant: John J. Smith, 200 S. Green St., McHenry, IL 60050
Requested Actions: Conditional Use Permit to allow an assembly use (public/private
event/gathering space) along with outdoor seating and entertainment at 3315 Pearl
Street, and any other Variances required effectuating the aforementioned request.
Location of Subject Property: The subject property is located at 3315 Pearl Street, on
the south side of Pearl Street and east of Park Street.
7. Staff Report —Next Meeting Date :March 15, 2017
8. Adjourn
The City of McHenry is dedicated io providing the citizens, businesses and visitors of McHenry with the highest
quality of progrnms and services in acustomer-oriented, efficient and fiscally responsible mnnner.
City of McHenry
Planning and Zoning Commission Minutes
January 18, 2017
Chairman Strach called the January 18, 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: Doherty, Meyer, Miller, Sobotta, Strach, Thacker, and Walsh. Absent: None. Also in
attendance were: Director of Economic Development Martin, City Attorney Cahill, and
Administrative Assistant Wolf.
Public Input: Mr. James Marinangel requested the City look into the safety of pedestrian traffic
on Route 31 between W. Park Place and 302 Front due to the fact there is no public sidewalk on
the east side of the roadway, suggesting a possible recapture agreement, etc.
Approval of Minutes
Motion
by
Miller, seconded by Thacker, to approve the
October 19, 2016 regular meeting
minutes
of
the Planning and Zoning Commission Meeting as
presented:
Voting Aye: Meyer, Miller, Sobotta, Strach, Thacker and Walsh.
Voting Nay: None,
Not Voting: None,
Abstaining: Doherty.
Absent: None.
Motion carried 6-0.
Resolution Establishing 2017 Commission Meeting Dates
Motion by Thacker, seconded by Sobotta, to pass a resolution establishing the 2017 Planning
and Zoning Commission meeting schedule as follows:
JANUARY - 7:30 P.M.
18 Wednesday
APRIL - 7:30 P.M.
12 Wednesday
JULY-7:30P.M.
19 Wednesday
FEBRUARY - 7:30 P.M.
15 Wednesday
MAY - 7:30 P.M.
17 Wednesday
AUGUST - 730 P.M.
16 Wednesday
MARCH - 7:30 P.M.
15 Wednesday
E 730 P.M
JUN- .
21 Wednesday
SEPTEMBER - 7:30 P.M.
20 Wednesday
OCTOBER - 7:30 P.M. NOVEMBER - 7:30 P.M. DECEMBER - 7:30 P.M.
18 Wednesday 15 Wednesday 14 Thursday
Voting Aye: Doherty, Meyer, Miller, Sobotta, Strach, Thacker and Walsh.
Voting Nay: None.
Planning and Zoning Commission
January 18, 2017
Page 2
Not Voting: None.
Abstaining: None,
Absent: None.
Motion carried 7-0.
Public Hearing: BOONE CREEK CROSSING LLC
File No. Z-906
12024208 N. Green Street
Conditional Use Permit for an expanded site plan review in accordance
with the downtown overlay district to allow a theater, restaurant serving alcohol,
outdoor seating and entertainment and any other variances required to develop
the subject property in substantial conformance with the site plan
Chairman Strach called the Public Hearing to order at 7:38 p.m. regarding File No Z-906, an
application for a Conditional Use Permit for an expanded site plan review in accordance with
the downtown overlay district to allow a theater, restaurant serving alcohol, outdoor seating
and entertainment and any other variances required to develop the subject property in
substantial conformance with the site plan as submitted by Boone Creek Crossing LLC, 1400 S
Illinois Route 31, McHenry, IL 60050.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on
December 31, 2016, 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 were Don Tonyan, 3423 W. Skyway, McHenry, and Scott Dehn, 7203 Mohawk
Dr., Wonder Lake, who were sworn in by Chairman Strach, Mr. Tonyan provided a summary of
the request before the Commission at this Hearing stating they are present to ask for approval
for outside dining, alcohol and entertainment on the property to take the existing 3-unit
building and reconfigure it for a theater and restaurant venue, moving the theater entrance to
the North and the restaurant to the South and opening up public access to the Riverwalk.
Director of Economic Development Martin provided the Commission with the Staff Report
regarding this matter stating Boone Creek Crossing LLC has submitted an application to
redevelop the former McHenry Theater building including the use of Walsh Park immediately to
the south. The requested action is a Conditional Use Permit for an expanded site plan review in
accordance with Downtown Overlay District to allow a movie theater, along with a restaurant,
indoor and outdoor entertainment and outdoor seating on Walsh Park as well as potentially on
rooftop space (similar to Shakou Restaurant in Barrington).
The redevelopment of the McHenry Theater site and building has been a priority for the City
since it closed. The theater serves as an anchor for downtown because it draws people to the
downtown and will assist in revitalizing not only Green Street but Main Street and Riverside
Drive.
Planning and Zoning Commission
January 18, 2017
Page 3
In 2005 the City Council adopted the Downtown Overlay District. The purpose of an overlay
district is to place additional regulations on a specific area, over and above the underlying
zoning district. Overlay districts are commonly used as part of preserving, protecting or
enhancing certain areas of a city, including: downtowns, historic preservation areas, wetland
areas, water recharge zones, scenic viewshed corridors or sign overlay districts. A property
owner in a proposed overlay district is required to follow the regulations of the underlying
zoning district and the requirements of the overlay district.
The DOD the City of McHenry established however seeks to give the property owners additional
opportunities to improve their properties or conversely to redevelop their property. In order to
deviate from the Zoning Ordinance, however, properties must provide information on the
proposed project, follow certain procedures for Site Development Review and meet the criteria
established in the Criteria for Review section of the DOD Ordinance.
There are two processes for review established in the DOD Ordinance, an administrative site
plan review and an expanded site plan review. Administrative site plan review includes all
applications that comply with the provisions in the zoning ordinance (a normal building permit
application); however, the applicant is required to meet the criteria for review in the overlay
district ordinance.
Director of Economic Development Martin explained that all applications for expanded site plan
review are required to obtain a conditional use permit and follow the conditional use permit
process in the City's Zoning Ordinance. Each application is required to be reviewed by the
Planning and Zoning Commission for conformance with the purpose and intent, goals, and
criteria for review in the DOD Ordinance.
The subject property is zoned C-4 therefore there are no building setback requirements or off-
street parking required; however the applicant is proposing the following deviations from other
regulations in the zoning ordinance:
• Multiple land uses in one building (restaurant and theater);
Outdoor seating and entertainment;
• Use of Walsh Park (City -owned property)
It was explained that when the request is presented to the ON Council staff will include a
redevelopment agreement which will address the use of Walsh Park however, for the purposes
of the Planning and Zoning Commission, the use of Walsh Park should be reviewed utilizing the
criteria established in the DOD Ordinance.
It's the applicant's intent to utilize Walsh Park in a similar manner as Buddyz outdoor space to
the south of Boone Lagoon, which is primarily a patio area with outdoor seating. The applicant
is also investigating additional options which may include: additional landscaping within the
Planning and Zoning Commission
January 18, 2017
Page 4
park area; a wall mural on the south building fagade; replacing/repairing the existing seawall
and potentially installing a floating boardwalk and/or an amphitheater (public pavilion).
Due to the proximity of Boone Lagoon and floodplain the applicant will be required to delineate
the boundaries of the floodplain and comply with all requirements in the McHenry County
Stormwater Ordinance relating to development in the floodplain. The applicant will work with
staff moving forward on these issues but the intended use of Walsh Park is primarily as an
outdoor venue for the restaurant with occasional outdoor entertainment and to maximize this
currently underutilized public space.
The applicant will also be enhancing the west facade of the existing building, utilizing the
existing marquee as well as installing other signage which enhances the appearance of the
property and accentuates the features of the existing building. The Downtown Design
Guidelines address fagade renovations as well as signage. The guidelines encourage
maintaining and enhancing original building elements; addressing building deterioration and
ensuring signage is appropriate for a downtown setting discouraging the use of box signs,
exposed neon, flashing and moving signs.
There is no requirement for off-street parking in the C4 zoning district and parking within
downtown areas in any community is a challenge. However, on Green Street and in the
immediate vicinity, there is public off-street parking within walking distance of the site which is
underutilized. A parking survey completed by staff depicting parking in the Green Street area
was presented.
The proposed use is conducive to the neighborhood and a downtown setting and will enhance
the downtown. Staff is also erecting additional parking directional signs within the downtown
so the parking which is available is utilized. The alley to the north of the building is a private
alley which staff has indicated to the applicant should be limited to a non -vehicular access for
people to patronize the theater, restaurant or any of the other businesses in the downtown
area. This also provides a link between the parking lots on Court Street to Green Street and
with Venice Avenue being opened to Riverside Drive people who go to the theater and/or
restaurant will be able to park on Court Street and access the traffic signal at Riverside Drive
and Illinois Route 120,
The proposed use is consistent with the City's Core Downtown Sub -Area Plan and goals for
downtown revitalization. The applicant will complete facade enhancements to the building
consistent with the Downtown Design Guidelines including the reuse of the existing marquee.
The applicant is also proposing to enhance Walsh Park as part of the project and utilize the
existing topography and proximity to the water. Staff believes the use is compatible and
complimentary to neighboring properties and will not adversely impact the health or
neighboring properties. The addition of a restaurant along with the theater will only enhance
and maximize the use of the building and contribute to the vitality of the downtown area.
Planning and Zoning Commission
January 18, 2017
Page 5
The applicant is proposing landscape improvements to Walsh Park which will complement the
existing Riverwalk on the south side of Boone Lagoon. Finally, the proposed uses will be an
economic benefit to the City; greatly improve a currently blighted structure; enhance the tax
base and provide a much -needed destination which benefits the entire downtown and City as a
whole.
Director of Economic Development Martin stated Staff is recommending approval of a
Conditional Use Permit for an expanded site plan review in accordance with the downtown
overlay district to allow a theater, restaurant serving alcohol, outdoor seating and
entertainment and any other variances required to develop the subject property in substantial
conformance with the site plan submitted subject to the conditions stated in the staff report,
and staff finds the application is in conformance with the purpose and intent, goals, and criteria
for review in the DOD Ordinance,
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Meyer asked what the capacity of the movie theater auditoriums will be and
where the entrance for the theater will be located. Mr. Dehn responded there will be two
auditoriums each holding approximately 175-185 people and Mr. Tonyan stated the theater
entrance is proposed to be on Green Street but at the north end of the building.
Commissioner Doherty inquired as to the layout of the building, possible vehicular usage of the
alley, and the outdoor seating area. Mr. Tonyan and Mr. Dehn stated the exact layout and
design of the outdoor patio is as yet undetermined due to stormwater requirements but that
the grades won't change too much. The long term plan is to connect to the Riverwalk if
possible, perhaps adding a gazebo. There are future hopes to add a third auditorium to the
project, but at the present time the alley will open up as a walkway to the parking in the rear.
There is no intent to open the alley for vehicular traffic because with the old theater usage it
became dangerous to pedestrians and employees of the theater when it was a "driveway'. The
theater seating will be completely re -done as will the screens and sound system.
Commissioner Miller asked for a better description of the proposed project. Mr. Tonyan
responded they intend to remove the wood front on the building and replace it using stone and
masonry to offer a better downtown feel. The restaurant/bar will be a branch of DC Cobbs in
Woodstock with the bar on one side and dining on the other with an outside patio. Mr. Dehn
stated he runs several theaters in downtown areas and which are very family oriented and he
plans on doing the same thing here. Director of Economic Development Martin stated that the
owner of DC Cobbs, Dan Hart, has been part of the project and has been active in all
discussions.
Commissioner Thacker asked which is the leading or "grand" scheme of the project, the
restaurant or the theater. Mr. Dehn stated they are looking at the project as a whole with the
intent to get people into the downtown district and give them a reason to stay. The money-
Planning and Zoning Commission
January 18, 2017
Page 6
maker in theaters is in concession sales; this project is in a great area and it is a trend to have
the opportunity to have meals served in theaters because it provides a reason to go out for the
entertainment. They are hoping to include a special seating section in front where you can dine
while watching the movie similar to a theater in Barrington, which is the closest theater with
this trend. Commissioner Thacker asked how the outdoor entertainment will be monitored or
offered without causing problems with other establishments in the area offering the same thing
at the same time. Mr. Tonyan and Mr. Dehn agreed that will need to be addressed as part of
the plan is for some sort of entertainment being offered but it will not always be bands or
music and could, in fact, include outdoor movies on the exterior wall of the property. They
further stated they will of course be cooperative with other establishments in the downtown
area.
Commissioner Miller asked if the rooftop concept is being planned in this first phase of the
project or later. Mr. Tonyan stated they are considering it immediately but everything will
depend on the budget. They are hoping to have access to the rooftop from exterior stairs on
the south side. There are secondary stairs currently inside, however they need a lot of work
and there is no elevator so they believe the rooftop may hold a maximum of 45 people at any
one time. The proposal is for the rooftop to be the south third of the roof in the front.
Commissioner Miller asked if the floor plan presented is close to being a final plan. Mr. Tonyan
stated that it is not, but they are presently working on adding another set of bathrooms and
establishing the full concept in a final design. There may be some ADA challenges needing to be
looked into, but most other challenges have already been addressed.
Director of Economic Development Martin stated the City has worked on this for over a year
with the broker trying to help this concept come to reality; there have been challenges but this
group is a core group in each element that is being proposed and the final project will be a
exceptional showcase for the downtown district contributing to the vitality of the area.
Commissioner Thacker requested the group is sure to look into proper alleyway lighting from a
safety standpoint. Mr. Dehn stated it will be addressed and they re confident it will be
sufficient.
Commissioner Doherty asked if the outdoor furniture on the patio will be permanent or
movable and able to be put away for the winter and if its use will be exclusive for the new
establishment or open to the public as well. Mr. Tonyan stated it is part of the establishment
with gated barriers but a path to the Riverwalk will be provided. He further stated they would
consider opening it to public use when not being used by the establishment. Director of
Economic Development Martin stated they will have to address it in the agreement but will also
have to follow building guidelines for wind and weather as well in regard to the patio.
Planning and Zoning Commission
January 18, 2017
Page 7
Commissioner Thacker asked how liability in use of the city park property will be addressed.
Director of Economic Development Martin stated it will be addressed with the city attorney
when the agreement is done.
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:
Mr. Shawn Geraty, owner of Source Low Voltage at 1218 Green St., asked if the possibility of
having two establishments allowing outside entertainment at the same time will be addressed.
Mr. Tonyan stated the concerns are valid and they will have to look into it. He further stated
outdoor entertainment is not being considered on the rooftop and they have every intent of
being good neighbors. Mr. Geraty asked if the theater equipment and furniture quality is being
upgraded. Mr. Dehn stated there will absolutely be upgrades including digital equipment and
sound, reclining seats and first run movies being shown. Director of Economic Development
Martin added there is a condition listed on the recommendation as to the hours of
entertainment and assured Mr. Geraty his points were heard.
Mr. Vic Santi, 3717 W. High Street asked if there will still be public access to the park from
Green Street and whether or not the trees in the park will remain. Mr. Tonyan replied they are
still proposing some sort of public access and to not intend to remove any trees. Mr. Sant! also
inquired as to the number of seats being proposed both inside and outside the restaurant and
how it compares to industry standards, further stating he is hoping the inside seating will allow
the project to remain successful even in winter months when the outside area is not being
used. Mr. Tonyan stated the preliminary plan allows for more seating inside than outside. Mr.
Dehn added that the proposal allows for food to be served inside the theater as well which will
help provide success all year round. He also stated the industry standard for downtown
theaters is 200 seats or less as being ideal for first run movies. Mr. Santi inquired if there will
be an option for inside entertainment in the theater space as well. Mr. Dehn responded there
can be that option but added the movie industry is very restrictive so they will be limited. Mr.
Santi asked about the buildout timeframe. Mr. Tonyan responded they hope to get everything
finalized to be able to begin buildout in the summer (6 months or so).
Chairman Strach closed the public comment portion of the hearing at 820 p.m.
Commissioner Miller asked if the theater would only operate at night or would be open during
the day as well. Mr. Dehn stated he believes it will be open daytime weekends and weekdays
as well as nighttime hours.
Motion by Meyer, seconded by Miller, to recommend to the City Council with regard to File No.
Z-906, approval of an application for a conditional use permit for an expanded site plan review
in accordance with the downtown overlav district to allow a theater, restaurant serving alcohol,
outdoor seating and entertainment and any other variances required to develop the subject
Planning and Zoning Commission
January 18, 2017
Page 8
property in substantial conformance with site plan submitted subject to the following
conditions:
1. Applicant must comply with all regulations of the McHenry County Health Department;
2. Applicant must enter into a redevelopment agreement with the City to address the use
of Walsh Park;
3. A topographical survey of Walsh Park must be completed to delineate the floodplain
and applicant shall work with staff to obtain any required approvals, if necessary, from
the Federal Emergency Management Agency prior to any site work within Walsh Park;
4. The alley to the north of the building shall remain a non -vehicular access for pedestrians
only after construction is completed;
5. No outside entertainment is permitted after 10:00 pm Monday through Thursday
nights, or after 11:00 pm Friday through Sunday nights;
6. A decorative -style fencing shall be utilized to enclose the proposed outdoor patio, 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 (similar to Buddyz on south side of Boone Lagoon);
7. The applicant shall comply with the Downtown Design Guidelines utilizing and
enhancing original building elements;
8. In accordance with the Downtown Design Guidelines the use of box signs, exposed
neon, flashing and moving signs is prohibited; and
be granted, and the application is in conformance with the purpose and intent, goals, and
criteria for review in the DOD Ordinance, including the aforementioned conditions being
addressed.
Voting Aye: Doherty, Miller, Meyer, Sobotta, Strach, Thacker and Walsh.
Voting Nay: None,
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0.
Commissioner Doherty opined this project will be a great addition for the City.
Commissioner Miller stated this project is very good for the City and appears to be in good
hands of all the right partners in the planning stages.
Chairman Strach closed the Public Hearing regarding File No. Z-906 at 8:25 p.m.
Planning and Zoning Commission
January 18, 2017
Page 9
Staff Report
The next Planning and Zoning meeting is scheduled for Wednesday, February 15, MD,
Adjournment
Motion by Miller, seconded by Thacker, to adjourn the meeting at 8:30 p.m.
Voting Aye: Doherty, Miller, Meyer, Sobotta, Strach, Thacker, and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0. The meeting was adjourned at 8:30 p.m.
Respectfully submitted,
Dorothy M. Wolf, Administrative Assistant
City of McHenry
[Z-905 PLANNING AND ZONING COMMISSION
STAFF REPORT: CONDITIONAL USE PERMIT TO ALLOW
AN ASSEMBLY USE AT 3315 PEARL STREET ALONG WITH
OUTDOOR SEATING AND ENTERTAINMENT]
Applicant
John J. Smith
200 S Green Street
McHenry, IL 60050
Requested Actions
Conditional Use Permit to allow an assembly use (public/private event/gathering space) along
with outdoor seating and entertainment at 3315 Pearl Street, and any other Variances required
effectuating the aforementioned request
Site Information
Location and Size of Property
The property is located at 3315 Pearl Street, on the south side of Pearl Street and east of Park
Street, consisting of approximately .19 acres
Comprehensive Plan Designation:
Office
Core Downtown Sub -Area Plan Designation
Restaurant/Retail
Existing Zoning and Land Use
The subject property is zoned CA Downtown Commercial and contains an approximately 6,850
square foot building originally constructed in 1920
Adjacent Zoning and Land Use
North: C-4 Downtown Commercial, The Bike Haven, furniture by Jason, Art Studio,
Towne Club/Residential
South C-4, Hair Salon and Residential
East C-4, Municipal Parking, Adams Memorials and Gifts/Residential, Polish American
Legion, Riverside Shop-N-Go
West: C-4, Residential Dwelling
Background and Description of Request
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.
1
[Z-905 PLANNING AND ZONING COMMISSION
STAFF REPORT: CONDITIONAL USE PERMIT TO ALLOW
AN ASSEMBLY USE AT 3315 PEARL STREET ALONG WITH
OUTDOOR SEATING AND ENTERTAINMENT]
John Smith is petitioning the Planning and Zoning Commission for a similar use at 3315 Pearl
Street, Smith's Central Garage www,smithscentralparage.com formerly the Hostess Thrift Shop.
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. Below is
the zoning ordinance definition for an assembly use.
An assembly use is defined as: A building, structure, place or parts thereof for groups of people
to gather for an event or regularly scheduled program that is educational, cultural, spiritual,
social, or recreational in nature. The only exceptions to this definition include: building, tenant
space, room or space used for public assembly purposes as defined herein with an occupant load
of 25 persons or less and spaces less than 750 square feet in floor area.
Staff Analysis
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. The accompanying
narrative and photographs provided a great written and visual presentation of the building.
The applicant has done a phenomenal job restoring 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 of Smith'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 1,197 square feet (15.48 feet by 77.32 feet).
Assembly uses are gathering places and
require
a
conditional use
permit.
Conditional use
permits are
permitted uses which must be
allowed
if
all the criteria in
Table 31
are satisfied. If
2
[Z-905 PLANNING AND ZONING COMMISSION
STAFF REPORT: CONDITIONAL USE PERMIT TO ALLOW
AN ASSEMBLY USE AT 3315 PEARL STREET ALONG WITH
OUTDOOR SEATING AND ENTERTAINMENT]
the criteria are not satisfied the applicant must demonstrate how they will mitigate any
potential adverse land use impact and conditions may also be placed on a conditional use
permit to do the same.
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. As discussed previously at Planning
and Zoning Commission meetings, parking within downtown areas in any community is a
challenge, however the proposed use will not create any more traffic, require any additional
public services or facilities or require more parking than any other use which is permitted by
right in the C-4 district, which includes but is not limited to: restaurants, retail uses, etc. The
proposed use is conducive to the neighborhood and a downtown setting and will enhance the
downtown.
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.
Table 31: Approval Criteria for Conditional Uses
In recommending approval or conditional approval of a Conditional Use, the Planning and
Zoning Commission shall transmit to the City Council written findings of fact that on the basis of
the characteristics cited under Review of Conditional Uses herein, or changes to such
characteristics that the Board recommends, the proposed use will be compatible with existing
uses in the area, and with Permitted Uses in the zoning district.
3
[Z-905 PLANNING AND ZONING COMMISSION
STAFF REPORT: CONDITIONAL USE PERMIT TO ALLOW
AN ASSEMBLY USE AT 3315 PEARL STREET ALONG WITH
OUTDOOR SEATING AND ENTERTAINMENT]
Staff Recommendation Prior to Public Hearing
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.
Staff finds the requirements of Table 31 for Conditional Use Permits, of the zoning ordinance
have been met.
Attachments
• Location Map
• Application Packet
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January 23, 2017
Narrative for C.U.P.
Smith's Central Garage (SCG)
3315 Pearl Street
The existing building, affectionately known as the Hostess Building, has long stood as a vacant
eyesore to the City of McHenry. The building stands in an area that is actually considered one
of McHenry's hotspots or centers of activity. It also is within one block of the Riverwalk,
something which is obviously near and dear to me. In the summer of 2014, the naysayers were
out in full force. I could not listen any longer to the refrains of "McHenry is dying" and "more
buildings are becoming vacant", etc. I decided at that time to take matters in my own hands
and buy the building to refurbish it in to something that would benefit the City and its residents
along with quieting some of the negativity. I bought the building and immediately started to
renovate it, mostly using my own labor. After two years of a "labor of love" I have turned the
building into a brand-new facility. New roof, new insulation, new electrical, new HVAC, new
bathrooms, and basically new everything. For a while I thought the building would be a perfect
"makerspace" but after numerous business plans and financial analysis, I soon realized that
there was no way to even "break even". Soon I had numerous requests for rentals for events
and I decided to explore that a little more. I got ahead of myself a little (as you know) and
advertised on a simple Facebook page and the response was overwhelming. As a result, I am
here asking for a Conditional Use Permit for "Assembly". The occupancy cannot be more than
100 people due to fire codes but I am exploring adding sprinklers to the building. This work
would have to be completed with the reconstruction of Pearl Street this summer to make it
economical and at that time the occupancy could increase to whatever the code would allow.
There are over 200 parking spots within a block of the front door. There will be times when
parking will be crowded but this is what being a vibrant community is all about. The important
part of economic development is to attract people to the downtown area. Before, during or
after an event, it is logical to assume that people attending an event will patronize other
businesses in the area. Since there will be no kitchen in the building so local caterers will
benefit. Tables and chairs will be provided by SCG as well as a catering kitchen. Liquor will NOT
be served by SCG but users may bring their own. There will be a SCG staff person available at
all events.
In an attempt to offer a better understanding of the uses for this building, the following pages
are used for advertisement purposes. There is also a website www.smithscentralearase.com
but visitors to the website will note that reservations and inquiries are not being accepted at
this time. This is due to a family medical issue we are experiencing at this time. It is hoped that
we will be ready for business sometime this Spring or Summer. This will also give is the
opportunity to explore the sprinkler option at the same time.
FORM A
File Number 9Q5�
PUBLIC HEARING APPLICATION
Planning and Zoning Commission
City of McHenry
333 South Green Street McHenry,1L 60050 Tel: (815) 363-2110 Fax: (815) 36M,13 /
1. Name of Applicant S7 k7 (/ Qyl% Tel YJ23 ^?70
Address 20 s• 67/�ee4 ks • Ivel,t°%l''Y Fax
2. Name of Property Owner A %i f rX %% . L. L. , , t/- Tel / �{
(If other than Apple D) �l"ee�1 /'( e17 �il%�yFax d l� 2 ��^ / 7W Address �L,. JL �}
3. Name of Engineer ^ v C • Tel / :l ' 2 ge
(If represented S (gee J� ens Fax
Address
4. Name of Attorney erl%% Tel cql ✓✓ —uUiP t57� ,
resented)
Address 31 Z � Fax
Address (/(/ ��i y/� y
5. Common Address or Location of Pro erty
9315 / L
6. Requested Actions) (check all that apply)
_Zoning Map Amendment (Rezoning) _Zoning Variance -Minor
Conditional Use Permit _ Zoning Text Amendment
Zoning Variance _Other
Provide a brief description of the Requested Action(s). For exatnple, the operation that requires a
Conditional Use Permit, the specific Zoning Variance needed, or the uew zoning classification that is
requested: n ,
ssem
FORMA Page 1 of 3
7. Current Use of Property
8. Current Zoning Classification of Property, Including Variances or Conditional Uses
C-�
9. Current Zoning Classification and Land Use of Adjoining Properties
North: � '
South: �'
East: C'
West;
10. Required Attachments (check all items submitted)
Please refer to the Public Hearing Requirements Checklist to determine the required attachments.
�1. Application Fee (amount) $
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. FORM E —Use Variance Application
�8. Proof of Ownership and/or Written Consent from Properly
Affidavit
�9. 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
] 6. Performance Standards Certification
17. Traffic Analysis
18. School Impact Analysis
Owner in the Fonn of an
FORMA Page 2 of 3
11. 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
agept or nominee.
,
Apolicant 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 Corporation 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
If the Applicant or owner 3s 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 iu 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 Bearing 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 ordinances) 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.
Signature of Applicants)
Print Name and Designation of Applicants)
FORM A
Page 3 of 3
FORM C
File Number G� `9�S
CONDITIONAL USE PERMIT
Planning and Zoning Commission
City of McHenry
333 South Green Street � McHenry, IL 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173
Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or
conditional approval of a Conditional Use Pennit> 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 our request.
1. Traffic
Any adverse impact of types or volumes of traflic flow not otherwise typical in the zoning district has
heen minimized.
2. Environmental Nuisance
Any adverse effects of noise, glare, odor, dus
environmental effects of a type or degree not
been appropriately controlled.
/U� ad Verse Q��
waste disposal, blockage of light or air, or other adverse
characteristic of permitted uses in the zoning district have
��S D � a>db✓�
3. Neighborhood Character
The proposed use will fit harmoniously with the existing natural or man-made character of its
surroundings and with permitted uses in the zoning district. The use will not leave undue deleterious
effect on the environmental quality, property values, or neighborhood character existing in the area or
normally associated with permitted uses ip the district. � �
l S� Ufe � � ll � ��� �
�`�o�r� �i�g Uses esr�e�ia /y l/o�Z'i��1�'
FORM C Page 1 of 2
4. Public Services and Facilities
The proposed use will not require existing community facilities or services to a degree disproportionate to
that normally expected of permitted uses in the district, nor generate disproportionate demand for new
services or acilities, in such a way as to pace undue burdens upon existing development in the area.
5. Public Safety and Health
The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors
associated with the use nor of the general public in the vicinity. 0
2670
6. Other Factors
The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use
FORM C Page 2 of 2
REVISED January 16, 2017
Event Center
3315 Pearl Street McHenry, IL 60050
Weddings
Anniversaries
Rehearsal Dinners
Bridal Showers
Baby Showers
Birthday Parties
Christenings
Confirmations
Graduations
Children's Parties
Movies
Pizza
Roller Skating
Bounce Houses
Amenities Provided:
Catering Kitchen
Commercial Refrigerator /
Freezer
Garbage Containers & Disposal
Handicap accessible
Wi-Fi (free)
Amenities YOU Provide:
• Food &Beverages
• Linens
• Ice
• Tables & Chairs setup and takedown
Family Parties
Holiday Parties
Corporate Events
Funeral Luncheons
Art Events
Painting Parties
Reunions
Wine/Beer Tastings
• Tables &Chairs —Ten 6 ft round
and Eight 6 x 3 ft rectangular
tables and 100 chairs
• PA / Music System
• Portable Cable TV / DVD Player
1iPage
Approximately 3500 SF (soon to be 7000 SF)
Rates by the Hour:
Monday —Thursday $75 per hour (4-hour minimum)
Friday— Sunday $100 per hour (4-hour minimum except Saturday night after
4:00 which is 6-hour minimum)
50% non-refundable deposit required to hold date
Please email for more information or to schedule a private tour of our venue.
info @smithscentralgarage.com
2�Page
canm oE��xiwr
Plat ®f Survey
LEGAL DESCRIPTION: THE EAST 1/2 OF LOTS 2 AND 3. (EXCEPT THE SOUTHWESTERLY 6 FEET OF SAID LOT 3), IN
BLOCK 19 OF THE ORIGINAL TOWN OF MCHENRY, ON THE WEST SIDE OF THE FOX RIVER, IN THE SOUTHEAST 1/4
OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE
PLAT THERE OF RECORDED IN BOOK 2 OF PLATS, PAGE 40, IN MCHENRY COUNTY, IWNCIS.
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