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HomeMy WebLinkAboutPacket - 07/13/2016 - 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: Wednesdayluly 13, 2016 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 on non -agenda items only) S. Consideration of Approval of Meeting Minutes: June 22, 2016 Regular Meeting 6. Z-897 Public Hearing —Conditional Use Permit to allow a tavern at 2816 W. Illinois Route 120 and any other Variances required effectuating the aforementioned request on the Subject Propertv Applicant: Uprooted, 2816 W. Illinois Route 120, McHenry, IL 60051 Requested Actions: Conditional Use Permit to allow a tavern and any other Variances required effectuating the aforementioned request Location of Subject Property: The subject property is located on the North side of IL Route 120, west of Adams Drive and east of the Fox River in McHenry, IL 60051 The City of McHenry is dedicoted [o providing the citizens, businesses and visitors oJMcHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. Community 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 7. Z-898 Public Hearing —Conditional Use Permit to allow a tavern at 810 N. Front Street Unit C (Illinois Route 31) and any other Variances required effectuating the aforementioned request on the Subject Property. Applicant: Three Queens, 810 N. Front St. (Illinois Route 31), McHenry, IL 60050 Requested Actions: Conditional Use Permit to allow a tavern and any other Variances required effectuating the aforementioned request Location of Subject Property: The Subject Property is generally located east of Front Street (Illinois Route 31) and north of Kane Ave., McHenry, Illinois 60050. The tavern proposed is in Unit C. 8. Staff Report —Next Meeting Date :August 24, 2016 9. Adjourn The City of McHenry is dedicated to providing [he 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 June 22, 2016 Vice Chairman Thacker called the June 22, 2016 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, Walsh, and Thacker. Absent: Strach. Also in attendance were: Director of Economic Development Martin, City Attorney Cahill, and Administrative Assistant Wolf. No one signed into speak during Public Input. Approval of Minutes Motion by Miller, seconded by Sobotta, to approve the May 18, 2016 regular meeting minutes of the Planning and Zoning Commission Meeting as presented: Voting Aye: Meyer, Miller, Sobotta and Thacker. Voting Nay: None. Not Voting: None. Abstaining: Doherty, Walsh. Absent: Strach. Motion carried 4-0. Public Hearing: Jonathan Descher File No. Z-894 335-337 Front St. Variance from the Off -Street Parking and Loading Requirements for Fountain Shoppes of McHenry Shopping Center (313=341 Front St.) and Use Variance to allow a restaurant serving alcohol with outdoor seating, service and consumption of food and alcohol outdoors at Fountain Shoppes (courtyard area) and restaurant located at 335-337 Front Street Vice Chairman Thacker called the Public Hearing to order at 7:35 p.m. regarding File No Z-894, an application for a Use Variance to allow a restaurant with outdoor seating including service of food and alcohol outside, variance from the off-street parking and loading requirements and any other variances required effectuating the aforementioned request for the property located at Fountain Shoppes of McHenry Shopping Center, 313-341 Front St. Vice Chairman Thacker stated Notice of the Public Hearing was published in the Northwest Herald on June 4, 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. Planning and Zoning Commission June 22, 2016 Page 2 In attendance was Jonathan Descrier, 612 Wimbleton Tr., McHenry, IL 60050, who was sworn in by Vice Chairman Thacker. Mr. Descher provided a summary of the request before the Commission at this Hearing stating he is the former owner of Twisted Moose Restaurant and is now hoping to own and operate a smaller -scale steakhouse called Addison's Steakhouse along with a sports lounge in the bar area and is requesting variances in order to operate in Fountain Shoppes Shopping Center. Want to open a small scale steak house rustic feel want outdoor seating and serve food and alcohol in the courtyard area. One camera there now and will be monitored from inside the restaurant and need a parking variance based on City ordinance. Hours of operation will be different than other establishments in the center so it will not affect the other businesses. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the applicant is proposing to open a family -owned bistro/steakhouse restaurant, Addison's Steakhouse, in 335/337 Front Street consisting of 2,458 square feet. The requested actions are: use variance to allow a restaurant with outdoor seating including service of food and alcohol outside, variance from the off-street parking and loading requirements and any other variances required effectuating the aforementioned request on the Subject Property. The proposed use variance for food and alcohol service and consumption outdoors is ideally suited for the subject property and the fountain provides an ideal centerpiece which accentuates and provides a focal point for the outdoor space. The outdoor seating area will be located immediately east of the fountain and includes eleven tables and provides seating for 40 people. An existing knee -wall surrounds the outdoor space and an entry gate will be constructed at the opening in the knee -wall that faces the parking lot. Although the proposed restaurant is not immediately adjacent, the center contains a wider 7-8' sidewalk which will allow servers to access the outdoor area and patrons to utilize existing stores within the center. Access to 329 Front, located immediately behind or to the west of the fountain will be maintained and an approximately 5' walking area will exist within the outdoor seating area so patrons do not have to walk around the area. Existing outdoor cameras and cameras installed within the interior of the restaurant will be utilized to monitor the outdoor dining area. The outdoor seating provisions included in the zoning ordinance listed below are the regulations which require the requested use variance: Preparation and service of food outside is prohibited. Service and consumption of alcohol outside is prohibited. Planning and Zoning Commission June 22, 2016 Page 3 Operation of outdoor seating area is only permitted when the business for which the Outdoor Seating Permit was issued is open but in no instance prior to 7:00 AM or after 10:00 PM. In todays restaurant industry, all restaurants require some type of outdoor seating norrder to maximize their success and the proposed location, with accompanying fountain provides an ideal setting. The use variance is required to allow the service of food and alcohol outdoors and to allow the restaurant to operate with outdoor seating past 10:00 p.m. Staff does not have any concerns with the outdoor seating as proposed provided all the requirements for outdoor seating required are met, and all staffs safety concerns have been addressed in the proposal with the installation and monitoring of the outdoor seating area with cameras, providing adequate ingress/egress for patrons and ensuring the courtyard area is adequately lit. Staff believes the new business will be more of a destination -oriented place than an impulse business, although being located on a major arterial the location is ideal for either. The base parking requirement for a shopping center of this size, approximately 16,200 square feet, is 4 parking spaces/1,000 square feet of building floor area plus additional spaces for the two restaurant uses (Lucky Louises and Addison's Steakhouse). The applicant is seeking a variance from the off-street parking and loading requirements. Currently the Fountain Shoppes has 109 parking spaces and 122 are required. The applicant is required to have 52 parking spaces; Lucky Louises requires 28 and the rest of the uses in the center require 42. The shopping center was constructed in 1998 and has had several restraint uses over its history. At the time it was constructed the city current zoning ordinance required 20 spaces/1,000 square feet for all restaurant uses and since that time was amended and sit down restaurants now require 25 spaces/1,000 square feet of net floor area. Staff believes the center has much more parking than is actually used on different days and different times mainly because it's a center with a diversity of businesses and clientele, and peak hours vary from business to business. The approval criteria which must be satisfied for the variance request were presented. The applicant's restaurant will not open until 400weekdays and 1100 weekends. In staffs opinion the restaurant proposed is critical for sustaining the long-term viability of the center; will provide a complimentary use for other uses in the center which will assist those businesses; the property is setback considerably from Route 31 and is not as desirable from a retail standpoint than the adjacent center to the south. The proposed use is a destination and the shopping center recently lost multiple tenants and this use will assist in revitalizing the center and capitalize on the public space which is the true essence and identity of the center. Planning and Zoning Commission June 22, 2016 Page 4 Director of Economic Development Martin stated Staff is recommending approval of a Use Variance to allow a restaurant with outdoor seating including service of food and alcohol outside as well as operating of the restaurant with seating outdoors past 10:00 p.m. and any other variances required effectuating the aforementioned request on the Subject Property subject to the following conditions: • Interior cameras shall be installed within 335/337 N Front which will allow employees to monitor the outdoor seating area at all times; • All other provisions of the outdoor seating ordinance shall be met; • Outdoor seating area shall maintain existing lighting and be in compliance with the city's outdoor lighting ordinance; • Gate shall be installed at the entrance to the courtyard area to provide a physical separation between the parking area and courtyard area; • Outdoor seating, including tables and seats and sizes, shall be consistent with those included in the application packet and Stafffinds all requirements in Table 32(A) ofthe zoning ordinance have been satisfied; and Staff is also recommending approval of a 13-space parking variance from the off-street parking requirements at 335-337 N Front Street, and Staff finds all requirements in Table 32 of the zoning ordinance have been satisfied. Vice Chairman Thacker invited questions and/or comments from the Commission. Commissioner Meyer asked if the outdoor seating is required to be included in the square footage given for the restaurant. Director of Economic Development Martin stated it is required but it should be considered. Commissioner Meyer inquired as to the hours of operation. Mr. Descher stated they will be open during the week from 5-11 p.m. and on weekends (Saturday and Sunday) 11 a.m. — 11 p.m. Commissioner Meyer asked if the tables and chairs in the courtyard will be left outside or put away each night after closing. Mr. Descher stated they plan to leave the courtyard furniture in place outside after closing hours. Commissioner Sobotta asked if Centegra in the shopping center had open hours on Saturday. Mr. Descher stated he did not believe they do. Commissioner Miller asked if Mr. Descher has spoken with the property manager about noise and maintenance of the courtyard fountain. Suzanne Cannon, owner of Fountain Shoppes of McHenry Shopping Center, 3418 Waukegan Rd., McHenry, IL 60050 was sworn in by Vice Chairman Thacker to address Commissioner Miller's question. Ms. Cannon stated all outdoor seating will be in front of the fountain and a distance from the fountain. The fountain will also be controlled during adverse weather conditions to avoid overspray and excessive noise. Ms. Cannon stated Mr. Drescher will be trained on how to Planning and Zoning Commission June 22, 2016 Page 5 adjust the height and spray of the fountain, as well. It is an owner occupied shopping center and their employees will be trained on fountain maintenance also. The chemical smell will be monitored and is not expected to upset the dining experience. The fountain is sometimes loud but Ms. Cannon stated it will be behind the seating area and should not disrupt diners. Commissioner Thacker asked if the outside dining area will be designated non-smoking. Mr. Descher stated smoking will not be allowed in the courtyard dining area. Commissioner Doherty opined a steakhouse is a great idea and will be a nice addition to the shopping center and the City. Vice Chairman Thacker opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Vice Chairman Thacker closed the public comment portion of the hearing at 7:45 p.m. Motion by Doherty, seconded by Meyer, to recommend to the City Council with regard to File No. Z-894, approval of a Use Variance to allow a restaurant with outdoor seating including service of food and alcohol outside as well as operating of the restaurant with seating outdoors past 10:00 p.m. and any other variances required effectuating the aforementioned request on the Subject Property subject to the following conditions: • Interior cameras shall be installed within 335/337 N Front which will allow employees to monitor the outdoor seating area at all times; • All other provisions of the outdoor seating ordinance shall be met; • Outdoor seating area shall maintain existing lighting and be in compliance with the city's outdoor lighting ordinance; • Gate shall be installed at the entrance to the courtyard area to provide a physical separation between the parking area and courtyard area; • Outdoor seating, including tables and seats and sizes, shall be consistent with those included in the application packet Be granted, and Staff finds all requirements in Table 32(A) of the zoning ordinance have been met; Voting Aye: Doherty, Miller, Meyer, Sobotta, Walsh, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Strach. Motion carried 6-0; and Planning and Zoning Commission one 22, 2016 Page 6 Motion by Sobotta, seconded by Meyer, to recommend to the City Council with regard to File No. Z-894, approval of a 13-space parking variance from the off-street parking requirements at Fountain Shoppes of McHenry Shopping Center, 313-341 Front Street, be granted, and Staff finds all requirements in Table 32 of the zoning ordinance have been met. Voting Aye: Doherty, Miller, Meyer, Sobotta, Walsh, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Strach. Motion carried 6-0. Vice Chairman Thacker closed the Public Hearing regarding File No. Z-894 at 7:60 p.m. Public Hearing: BeerAbility Lake Zurich, LLC File No. Z-892 4117 W. Shamrock Lane Use Variance to allow a tavern at 4417 Shamrock Lane (located within Liberty Square Shopping Center, and Variance from Off-street Parking and Loading Requirements for Liberty Square Shopping Center (41034117 Shamrock Lane) Vice Chairman Thacker called the Public Hearing to order at 7:55 p.m. regarding File No Z-892, an application for a Use Variance to allow a tavern at 4117 Shamrock Lane, located within the Liberty Square Shopping Center, and Variance from the off-street parking and loading requirements for Liberty Square Shopping Center and any other variances required to effectuate the aforementioned request on the property in Liberty Square Shopping Center, Vice Chairman Thacker stated Notice of the Public Hearing was published in the Northwest Herald on June 7, 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 Jason Newman, 937 Sandstone Dr., Libertyville, IL 60048 and Donna O'Leary, 717 Meadow Lane, Libertyville, II 60048, who were sworn in by Vice Chairman Thacker. Mr. Newman provided a summary of the request before the Commission at this Hearing stating BeerAbility is requesting a use variance and parking variance in order to open a high end craft beer and wine tavern in Liberty Square Shopping Center. Mr. Newman stated Beer Ability and its affiliated entities operate 3 other craft beer taverns successfully and are hoping to enhance the community through additional jobs, economic benefits to the city and a new place for Planning and Zoning Commission June 22, 2016 Page 7 residents and guests to visit. The McHenry location will offer a variety of breakfast, lunch, and dinner options for 60-65 people in an upscale, relaxing, comfortable environment with hours from 8:00 a.m. — Midnight Sunday through Thursday and 8:00 a.m. — 1:00 a.m. Friday and Saturday. They successfully host town meetings, honor flight groups, chamber events and other community organization meetings in their other locations and are hoping for the same type of involvement in the McHenry community. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the subject property is zoned 0-1 Local Office and contains 3 lots containing a 9,866 retail square -foot shopping center strip building, a 3,902 square -foot outlot building and a 21,000 square -foot professional office building. A use variance was approved in 2001 permitting additional uses on the subject property. Total size of the lots is approximately 3.51 acres. Liberty Square Shopping Center was constructed in 2002-2003 and currently contains a convenience Store, Cucina Rosa (Italian Restaurant) and Allstate Insurance company located in the retail (strip portion of the center -eastern end cap unit) a professional office building on the west side of the property and a vacant former bank, which is an outlot building. In addition to the outlot building there are four vacant units, excluding space available in the professional office building. The applicant is proposing to open a craft beer tavern which is the end cap unit (1,500 square feet) located in the retail strip portion on the south side of the center. The requested actions are: Use Variance to allow a tavern at 4117 Shamrock Lane and a Variance from the off-street parking and loading requirements for Liberty Square Shopping Center and any other variances required to effectuate the aforementioned request. The applicant operates two other craft beer taverns in Round Lake Heights and North Chicago and is opening a third this year in Lake Zurich. The proposed use variance is required for a tavern because taverns are not permitted uses in the 0-1 zoning district. As previously stated the City Council approved an ordinance to allow additional uses within the Liberty Square Shopping Center due to the difficulty in locating tenants within the center. Use Variances must satisfy certain criteria. Staff has been working with the applicant on locating in the City of McHenry for several months. The proposed use is unique and offers an opportunity to enhance the viability of the Liberty Square Shopping Center. There are difficulties and hardships associated with this location, including lack of visibility; lack of tenancy and turnover in tenancy. The center is located at a traffic light and in close proximity to residential housing units therefore there are opportunities for pedestrian access to the center. Staff does not believe this will negatively impact the local character. The use compliments the existing uses in the center, including the professional office building to the west. While the applicant does serve food their menu is still growing, and their use of craft beer provides a unique element which Planning and Zoning Commission one 22, 2016 Page 8 will draw customers to the center and hopefully attract other tenants to the vacant units within the center. The applicant is seeking a variance from the off-street parking and loading requirements. The center consists of three lots with three buildings, with cross access easements in place, as well as common area parking requirements. Currently the Liberty Square Shopping Center has 156 parking spaces and 165 are required. The applicant is required to have 13 parking spaces; Cucina Rosa requires 55 spaces and the rest of the uses within the retail portion of the center require 20 parking spaces. The office building requires 62 parking spaces and the outlot 15, Staff believes the center has much more parking than is actually used on different days. Additionally, there is an opportunity for shared parking with the professional office building. The shopping center recently has struggled and lost multiple tenants and this use will assist in revitalizing the center and capitalize on the public space which is the true essence and identity of the center. There are no uses similar to the proposed use in close proximity to this location however there is a large employment base within a mile radius which will provide a partial customer base. Director of Economic Development Martin stated Staff is recommending Approval of a Use Variance to allow a tavern at 4117 Shamrock Lane and any other variances required effectuating the aforementioned request on the Subject Property, subject to the condition there is no outside service of food or alcohol or consumption of alcohol outdoors; and Approval of a nine -space parking variance from the off-street parking requirements for Lots 1-3 (Liberty Square Shopping Center). Director of Economic Development Martin further stated Staff finds all requirements in Table 32(A) and Table 32 of the zoning ordinance have been satisfied. Vice Chairman Thacker invited questions and/or comments from the Commission. Commissioner Sobotta asked since this business will be on the end cap if there is a designated smoking area. Mr. Newman stated they will follow what local ordinances indicate in regard to a smoking area and they will post signage guiding patrons where to go for smoking. He further stated the management will also make sure that area is cleaned up. Vice Chairman Thacker opened the floor to questions and comments from the audience. The following were sworn in by Chairman Strach prior to their addressing the Commission: George Stankevych, 3711 Lee, McHenry, IL 60050 stated he is a physician whose office is in the adjoining office building and he has been in McHenry over 30 years. Mr. Stankevych stated his concern regarding this matter is that this business is called a tavern. There is a pediatric and obstetrical office in his building and he is concerned for safety of the patients coming to the building. He further stated he has a concern with gaming in the shopping center especially since families visit the office building. Mr. Stankevych stated he wishes the best of luck to Mr. Planning and Zoning Commission one 22, 2016 Page 9 Newman but worries about the clientele and gaming activity especially during doctor's office hours. He is also concerned with how far his patients may have to park away his office. Mr. Newman replied BeerAbility is not a gaming facility but is a gastro pub whose core business is craft beer and wine. They typically spend $150,000-$200,000 on a buildout of space and $10,000 per month on inventory. Mr. Newman stated they take great pride in providing beautiful establishments. Their goal is to be a friend and a partner of the community. In the North Chicago are Mr. Newman has been asked to be a board member for the Chamber of Commerce because they are so actively involved in the community. The clientele is a 21 and over establishment which represents their business and they will only tolerate a good reputation. No spirits will be served; they are only a craft beer and wine establishment and they have had no problems or issues in regard to people being over -served in any of their other locations. Ms. O'Leary invited all in attendance to view the BeerAbility websites and Facebook pages to see what they do and how they advertise. They have been compliant with having all Bassett certified servers and trained food handlers since the beginning of their operations. Service limits are put on certain types of beer as well. They will have 5 gaming machines as that is the maximum allowed by state law. Toni Herlo, 4506 N Riverdale Dr., McHenry, IL 60050, speaking for Optimar LLC, stated she is part owner of the bank property at 4101 Shamrock which is part of this shopping center. Ms. Herlo stated this property is surrounded by professional buildings, Centegra, and a residential neighborhood. Her concern is having a tavern with gambling in the middle of this family neighborhood. Ms. Herlo further opined this use will depreciate values of surrounding properties. Commissioner Meyer asked Ms. Herlo if she has any proven studies on the depreciation she is suggesting to which Ms. Herlo responded she did not. Ms. Herlo has a concern with inebriated patrons and fights in an area so close to residential neighborhoods and the amount of families visiting the professional office space. She also stated a concern with being unable to rent the bank space with a tavern in such close vicinity. Ms. Herlo is concerned with how this establishment will look to families with children. Mr. Newman responded that their establishment in North Chicago is two spots from a WinTrust Bank, a doctor s office and a pharmacy with absolutely no problems. They strive to be and have been good neighbors. Mr. Newman further stated this high -end craft beer and wine only pub is something the community does not have and will draw people to McHenry because it is unique. They offer radio station events, weekly trivia nights, etc. which draw people from outside the community. It will create 8-10 jobs and provide sales tax revenue. They take a tremendous amount of pride and time in making sure their establishments are kept up. Mr. Newman stated they have never had one fight and they err on the side of caution and cut people off when needed. The other communities they are in are very happy to have them join their communities and it is not a typical bar atmosphere. Ms. O'Leary stated there is already a liquor Planning and Zoning Commission June 22, 2016 Page 10 stall in the strip mall and an Italian restaurant which serves alcohol so they will not be the first to join the strip mall with service of alcohol. Vice Chairman Thacker closed the public comment portion of the hearing at 8:20 p.m. Commissioner Miller thanked Mr. Newman for his response and presentation to the Commission. Commissioner Miller asked Mr. Newman to describe the typical customer experience at BeerAbility. Mr. Newman stated servers make sure patrons understand the menu and usually ask for specifics. Patrons are given a chance to look at the facility, offered food, and shown where televisions and lounges are located as well as informed that coffee, tea and pop are available. Patrons will feel comfortable and happy they are visiting. Typical feedback they receive is that they are one of the nicest places in town and thank you's from municipalities. Staff goes out of the way to make sure everyone is comfortable because they want word of mouth to spread they are friendly, fun and an upscale environment. Ms. O'Leary stated many patrons are regular patrons that are locally established and the 2 other locations operating already are loved by the area residents and city officials. Director of Economic Development Martin stated this is a recommending body and the vote will go to City Council next. Copies of the minutes and notice of the upcoming City Council meeting can be sent to anyone requesting it. Motion by Meyer, seconded by Sobotta, to recommend to the City Council with regard to File No. Z-892, approval of an application for a Use Variance to allow a tavern at 4117 Shamrock Lane and any other variances required effectuating the aforementioned request on the Subject Property, subject to the condition there is no outside service of food or alcohol or consumption of alcohol outdoors, be granted and Staff finds all requirements in Table 32(A) of the zoning ordinance have been met; Voting Aye: Doherty, Miller, Meyer, Sobotta, Walsh, and Thacker. Voting Nay: one, Not Voting: None. Abstaining: None. Absent: Strach. Motion carried 6-0. Motion by Miller, seconded by Sobotta, to recommend to the City Council with regard to File No. Z-892, approval of an application for anine-space parking variance from the off-street parking requirements for Lots 1-3 (Liberty Square Shopping Center) be granted; and Staff finds all requirements in Table 32 of the zoning ordinance have been met. Voting Aye: Doherty, Miller, Meyer, Sobotta, Walsh, and Thacker. Voting Nay: None. Planning and Zoning Commission June 22, 2016 Page 11 Not voting: None. Abstaining: None. Absent: Strach. Motion carried 6-0. Vice Chairman Thacker closed the Public Hearing regarding File No. Z-892 at 8:25 p.m. Public Hearing: Mixin Mingle File No. Z-896 11184122 N. Green St. Conditional Use Permit to allow an assembly use at 11184122 N. Green St., located at River Place Vice Chairman Thacker called the Public Hearing to order at 8:27 p.m. regarding File No Z-896, an application for a Conditional Use Permit to allow an assembly use (public/private event/gathering space) at 1118 and 1122 N Green Street, located at River Place and any other Variances required effectuating the aforementioned requests for the property located at River Place. In attendance were Nate Grindeland, 6413 Ridgeview, Huntley, IL 60142, and Melissa McMahon, 125 Forrest Ave., Woodstock, IL 60098, who was sworn in by Vice Chairman Thacker, Ms. Grindeland provided a summary of the request before the Commission at this Hearing stating she has operated Mixin Mingle in downtown Woodstock for the past 5 years and is hoping to expand and open another venue and is looking forward to being at River Place near the beautiful McHenry Riverwalk. Art galleries, music shows, art classes, private showers, weddings and luncheons are the types of events which will use the open space to be retained for private parties and public events in their establishment that is affordable and accessible for community, non -for -profit and start up business events. They expect a good community draw and will follow community rules for private and public events held individually. Vice Chairman Thacker stated Notice of the Public Hearing was published in the Northwest Herald on June 6, 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. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the subject of this petition is obtaining a conditional use permit for an assembly use within the mixed -use building on the subject property in two contiguous vacant units 1118 and 1122 N Green Street. Planning and Zoning Commission one 22, 2016 Page 12 Mixin Mingle is 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. Mixin Mingle has one other location, on the Woodstock Square which has been operating for five years. They are seeking a second location due to customer demand and are proposing to locate in the River Place building at Green and Waukegan in two of the vacant commercial units, 1118 and 1122 N Green Street. The total size of the two units is 2,841 square feet and the spaces would be combined to allow one large area where events can be held. Assembly uses are conditional uses in all commercial zoning districts just like a restaurant is a use and retail business is a use, it is simply a term defining "where people gather'. Mixin Mingle will bring people to downtown and serve as a destination for people to use a space to host a public/private event. An application which a potential user of the space would be required to complete was presented. An important aspect of downtown revitalization is to draw people downtown and keep them there as long as possible -similar to a shopping center. Mixin Mingle will assist in attracting people downtown who may not typically go downtown and this includes people in the City and outside of the City. This is also an "added value" for other area businesses which may benefit from people who may otherwise visit downtown McHenry. Additionally, Mixin Mingle users hire caterers for food which is another opportunity for McHenry businesses. In River Place alone, Kiera Confections and BuddyZ are two businesses which could be utilized in conjunction with an event held at Mixin Mingle. Mixin Mingle has a staff person at all the events which occur at their location in Woodstock and will do the same for the proposed space in McHenry. They provide a space and food can be catered; there be no kitchen facility in the space at River Place. Mixin Mingle will keep tables and chairs on -site and the setup of each event will depend on how many people are attending and what type of event is planned. Some may include music however all events will occur within the unit with some exceptions which may include: people who may want to take photographs along the Riverwalk, etc. but generally all events must be contained inside unless prior approval is sought. The City of Woodstock has not had any issues with Mixin Mingle; most of their events are low- key; the use is a good complement with the Woodstock Square and the applicant is very professional and supportive of the City of Woodstock's downtown and events which occur throughout downtown. They have followed (and will be required to follow) all designated City and Health Department ordinances in place. 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 1118/1122 N Green. Parking within downtown areas in any community is a challenge, however this 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. The proposed use is conducive to the neighborhood and a downtown setting and will enhance the downtown. Planning and Zoning Commission June 22, 2016 Page 13 Director of Economic Development Martin stated Staff is recommending approval of a conditional use permit to allow an assembly use at 1118 and 1122 N Green Street with the following conditions: • All events must be contained indoors • Applicant must comply with all regulations of the McHenry County Health Department And Staff finds the requirements of Table 31 of the zoning ordinance have been met. Vice Chairman Thacker invited questions and/or comments from the Commission. Commissioner Meyer asked what percentage of days they are booked in their Woodstock location. Ms. Gindeland stated it varies but there are typically 2-5 events mostly on the weekends and sometimes a fitness event during daytime hours on weekdays. In addition they book events maybe 2-3 evenings a week. 2 events on Saturday, 1 on Friday, and 1 on Sunday is typical. The Woodstock location is doing well and people are being turned away because they simply do not have the availability or space. Ms. Grindeland stated they would like a nearby location to refer them to. Commissioner Doherty stated he likes the idea and asked as to the most common type of event they hold. Ms. Grindeland stated weddings and baby and bridal showers are the most common followed by holiday parties during that time of year. They have many repeat customers that use their existing space for several events. 80% of their use is private and 20% of the use is public. Commissioner Sobotta asked the maximum capacity of the combined space. Ms. Grindeland stated they will not actually know until construction is finished. She stated they are looking for 150 maximum capacity when construction is done. The McHenry space is bigger than the Woodstock space by approximately 400 sq. ft. Commissioner Sobotta stated his concerns regarding parking have to do with pedestrian safety and making sure walkways are marked well with visible signage as well as signage indicating the location of public parking areas. Ms. Grindeland stated they have had no problems in Woodstock and most of the close parking spots on the Square are used up for Farmers Market on Saturdays, however they have never had complaints from patrons. Director of Economic Development Martin stated there are two public lots in McHenry very close by and not widely utilized. Commissioner Meyer asked Ms. Grindeland if they work with service organizations such as Kiwanis and Rotary. Ms. Grindeland stated they have booked monthly meetings for the Woodstock Jaycees and events for Rotary, Helping Paws, Follett team building events, Starbucks employee and management meetings, and similar events. Planning and Zoning Commission June 22, 2016 Page 14 Commissioner Thacker stated he has not seen advertising for their Woodstock business and asked where and how they advertise. Ms. Grindeland stated most of their business is advertised through word of mouth, signs and repeat customers, and Facebook. They do not do a lot of outside advertising other than their building signage. They are hoping their presence will up the visibility of downtown retail and restaurant establishments as well. Vice Chairman Thacker opened the floor to questions and comments from the audience. The following were sworn in by Chairman Strach prior to their addressing the Commission: Kim Loewe, 1114 N Green St., McHenry, IL 60050, owner of Kiera Confections stated she has been to a number of events at the Woodstock location and worked with Ms. Grindeland and Ms. McMahon and believes they bring a lot to the area. She has seen them work well with the City of Woodstock and think they will be a great addition to the area. Ms. Loewe further stated she is the President of the Downtown Business Association and Mixin Mingle has their support. Mike Dumelle, BuddyZ Director and Vice President, 1138 Green St., McHenry, IL 60050 stated he is excited to work with Mixin Mingle and believes they will be a perfect compliment to the building and will be great for the neighborhood. Mr. Dumelle's one general concern is parking but he is willing to work together to come to a common solution. He suggested revisiting signage on Green Street and stated he is willing to give financial help working with other merchants to be given the opportunity to let customers better informed as to where public parking is located. The current directional signage is challenging and there is a need to better educate patrons on accessibility. Weather and temperature does affect business because patrons have to park farther away. Mr. Dumelle stated he is offering help and partnership on finding solutions and he is very excited to work together with the City and the Downtown Business Association. Mr. Dumelle stated designated employee parking could be part of the solution as well. Director of Economic Development Martin stated he is happy to meet with Ms. Loewe and Mr. Dumelle to work together in partnership to help improve directional signage and pedestrian safety in the downtown area. Ms. McMahon stated Mixin Mingle sends out a parking map from the city to people who schedule events so they are aware ahead of time help address parking questions. Vice Chairman Thacker closed the public comment portion of the hearing at 8:55 p.m. Motion by Miller, seconded by Doherty, to recommend to the City Council with regard to File No. Z-896, approval of an application for a conditional use permit to allow an assembly use at 1118 and 1122 N Green Street with the following conditions: Planning and Zoning Commission June 22, 2016 Page 15 • All events must be contained indoors • Applicant must comply with all regulations of the McHenry County Health Department Be granted, and Staff finds the requirements of Table 31 of the zoning ordinance have been met. Voting Aye: Doherty, Miller, Meyer, Sobotta, Walsh, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Strach. Motion carried 6-0. Vice Chairman Thacker closed the Public Hearing regarding File No. Z-893 at 8:57 p.m. Staff Report The next Planning and Zoning meeting is scheduled for Wednesday, July 13, 2016. Director of Economic Development Martin welcomed Commissioner Walsh to the Planning and Zoning Commission. Adjournment Motion by Doherty, seconded by Sobotta, to adjourn the meeting at 9:00 p.m. Voting Aye: Doherty, Miller, Meyer, Sobotta, Walsh, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Strach. Motion carried 6-0. The meeting was adjourned at 9:00 p.m. Respectfully submitted, Dorothy M. Wolf, Administrative Assistant City of McHenry [PLANNING AND ZONING COMMISSION STAFF REPORT Z-897 CONDITIONAL USE PERMIT TO ALLOW A TAVERN AT 2816 W ILLINOIS ROUTE 120 AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED REQUEST] Applicant UpRooted 2816 W Illinois Route 120 McHenry, IL 60051 Requested Action Conditional use permit to allow a tavern at 2816 W Illinois Route 120 and any other variances effectuating the aforementioned request. Site Information Location and Size of Property The property consists of .59 acres, with a 5,448 square -foot building with a basement and a deck consisting of 920 square feet, and is located on the north side of Illinois Route 120 Comprehensive Plan Desiznation Commercial Existing Zoning and Land Use The subject property is currently zoned C-5 Highway Commercial District and contains a vacant building, which was formerly a bar/restaurant and is being rehabbed by the applicant to eventually become a full -service restaurant/bar Adjacent Zonine and Land Use North: C-5 Highway Commercial District, VFW South: 1-1 Industrial Jessup Manufacturing East: C-5, Art of Acupuncture West: C-5, McHenry County's 4 Wheel Drive Background and Description of Request In 1996 several properties east of the Fox River were annexed when the City's sewer main was extended. One of the properties was the subject property located at 2816 W Route 120. At that time the property was rezoned to C-5 Highway Commercial District and granted a Conditional Use Permit to allow a restaurant/bar with live entertainment and dancing with a game room; an outdoor recreational establishment with horseshoe pits and outdoor service of food and alcohol on the deck (see attached City Council Minutes dated February 7, 1996 and accompanying ORD-96-776). The property was formerly arestaurant/bar but has been vacant for more than a year. The applicant has completed a lot of work inside and outside in an effort to reopen the restaurant and also owns and has many year's experience running a similar business (see attached [PLANNING AND ZONING COMMISSION STAFF REPORT Z-897 CONDITIONAL USE PERMIT TO ALLOW A TAVERN AT 2816 W ILLINOIS ROUTE 120 AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED REQUEST] narrative). While the 1996 ordinance is still valid it only permits the site to be utilized as a restaurant/bar as opposed to solely a bar. The applicant has completed extensive work, as previously stated, and would like to open as a tavern, complete the renovations and eventually open as a full -service restaurant. Therefore at this time the applicant is requesting a conditional use permit to allow a tavern on the subject property. All other aspects of the existing ordinance remain. Staff Analysis Conditional Use Permit Staff believes the proposed tavern use is an appropriate land use for the subject property. Reviewing the requirements in Table 31 of the zoning ordinance, staff believes the proposed project will not produce any additional adverse impacts to traffic, the environment, the neighborhood, public service and facilities or public safety and health, than would any other permitted use in the C-5 zoning district. The site was utilized as a restaurant/bar for numerous years. Having the ability to operate as a tavern prior to opening as a full -service restaurant and bar will enable the proprietor to complete the renovations which he has been working on for over year. Staff Recommendation Prior to Public Hearing Approval of a conditional use permit to allow a tavern at 2816 W Illinois Route 120. Staff finds all requirements in Table 31 (Approval Criteria for Conditional Use Permits) of the zoning ordinance have been satisfied. Attachments • Location Map • City Council Meeting Minutes February 7, 1996 • ORD-96-776 [PLANNING AND ZONING COMMISSION STAFF REPORT Z=897 CONDITIONAL USE PERMIT TO ALLOW A TAVERN AT 2816 W ILLINOIS ROUTE 120 AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED REQUEST] [PLANNING AND ZONING COMMISSION STAFF REPORT Z-897 CONDITIONAL USE PERMIT TO ALLOW A TAVERN AT 2816 W ILLINOIS ROUTE 120 AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED REQUEST] CITY COUNCIL REGULAR MEETING FEBRUARY 7, 1996 The Regular Meeting of the McHenry City Council was called to order by Mayor Cuda at 7:30 PM on Wednesday, February 7, 1996 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Locke, Lawson, Baird. Bates arrived at 7:45 PM. Absent: None, City Staff in attendance were: City Clerk Althoff, Director of Building and Zoning Lobaito, Director of Parks and Recreation Merkel, Director of Public Works Batt, Chief of Police Joyce, City Attorney McArdle, Absent: None. ORDINANCE ZONING VARIOUS RECENTLY ANNEXED PROPERTIES EAST OF THE FOX RIVER Mayor Cuda, noting objectors in attendance, requested those properties in question be considered separately for zoning approval. The zoning ordinance for Adams Enterprises, Z-399 (10), and the zoning ordinance for Adams McHenry Jeep Eagle, Z-399 (12) were to be considered separately. Director of Building and Zoning Lobaito noted that the remaining twelve drafted ordinances received Zoning Board of Appeals approval. In response to inquiries, Lobaito explained: The Rodgers, Z-399 (46), had agreed to the six-month time frame requiring EPA compliance with regard to the storage of waste oil; and, The Bodinas', Z-399 (29), allow port -a -potty service only during the boat season for the convenience of their boat slip rental. Alderman Baird also requested the heavy equipment located on the vacant property, north on Route 120 near the Riverside Chocolate Factory, be removed pursuant to the conditions of the Council's zoning approval. Motion by Baird, seconded by Bates, to acceopt the recommendation of the ZBA and pass the following zoning ordinances in connection with the East of the Fox River annexations: NAME AND PROPERTY Richard &Rita Adams 767 d/b/a Adams Radiator 3004-08 W. Route 120 ZONING class from E-Estate to C-5 Highway Commercial &Conditional Use Permit for: 1. Radiator repair service; 2. Automobile service & repair facility. 0 6- 0-9 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-897 CONDITIONAL USE PERMIT TO ALLOW A TAVERN AT 2816 W ILLINOIS ROUTE 120 AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED REQUEST] Thomas Reindl Reclass from E-Estate to C-5 Highway 768 d/b/a Northwest Elec. Sup. Commercial & Conditional Use Permit for: 2414 W. Route 120 1. Outside storage of pallets & conduit; Albert S. Blake, Owner with certain conditions. Roland &Pamela Bodinus Reclass from E-Estate to C-5 Highway 769 d/b/a Watertower Marine Commercial & Conditional Use Permit for: 3112 W. Lincoln Road 1. Outside storage; 2. Gasoline service station; 3. Marine vehicle service & repair; 4. Marina; 5. Slip rental; with restrictions. Richard &Rita Adams Reclass from E-Estate to C-5 Highway 770 d/b/a Adams Power Commercial & Conditional Use Permit for: 2103 W. Route 120 1. Outside slaes of lawn & garden garden equipment; 2. Open sales lot for display of sheds; 3. Outside storage of equipment. Norman V. Rose, Jr. Reclass from E-Estate to to C-5 Highway 771 d/b/a Rose Auto Sales Commercial & Conditional Use Permit for: 2500 W. Route 120 1. Open sales lot; 2. Automobile body shop; 3. Motor vehicle, trailer & mobile home repair services; 4. Outside storage; with restrictions. Henry M. Retek, Sr. Reclass from E-Estate to C-5 Highway 772 2907 W. Route 120 Commercial & Conditional Use Permit for: 1. Outside storage; 5 0-96- 0-96- 0-96- 0-96- 0-96- [PLANNING AND ZONING COMMISSION STAFF REPORT Z-897 CONDITIONAL USE PERMIT TO ALLOW A TAVERN AT 2816 W ILLINOIS ROUTE 120 AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED REQUEST] Shell Oil Products 773 3110 W. Route 120 1205 N. River Road Leslie &Catherine Lambert 774 d/b/a Ed's Pizza 2214 W. Route 120 Walter Prueter, Owner Clark Oil Company 775 3111 W. Elm Street S & S Petroleum Co., Owner (Wm & PeterAnest) wRh restriction. Reclass from E-Estate to C-5 Highway Commercial &Use Variance Permit for: 1. Service station within 600 feet of another station. Conditional Use Permit for: 1. Automobile service station with packaged liquor sales. Reclass from E-Estate to C-5 Highway Commercial &Conditional Use Permit for: 1. Outdoor advertising sign; 2. Outdoor amusement establishment; 3. Outdoor service of liquor; with restrictions. Reclass from E-Estate to C-5 Highway Commercial and Use Variance Permit for: 1. Service station within 600 feet of another station. and Conditional Use Permit for: 1. Automobile service station. 0-96- 0-96- 0-96- Ronald D. Monaco Reclass from E-Estate to C-5 Highway 0-96-776 d/b/a Monaco's Commercial &Conditional Use Permit 2816 W. Route 120 for: 1. Restaurant/bar with live entertainment & dancing; 2. Game room; 3. Outdoor recreational establishment for horseshoe pits; 4. Outdoor service of alcohol and food on deck. Telecommunications, Inc. Reclass from E-Estate to C-5 Highway 0-96- 777 d/b/a TO of IL Commercial & Conditional Use Permit for: 6 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-897 CONDITIONAL USE PERMIT TO ALLOW A TAVERN AT 2816 W ILLINOIS ROUTE 120 AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED REQUEST] 2508 W. Route 120 Frank &Catherine Rodgers 778 3107 W. Lake Street 1. Outside storage; 2. Satellite dish antennas: 3. Television tower; with conditions. Reclass from E-Estate to C-5 Highway Commercial &Conditional Use Permit for: 1. Motor vehicle repair; 2. Outside storage; with restrictions. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. 7 0-96- [PLANNING AND ZONING COMMISSION STAFF REPORT Z-897 CONDITIONAL USE PERMIT TO ALLOW A TAVERN AT 2816 W ILLINOIS ROUTE 120 AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED REQUEST] t4dienryState Dank Txual• fl4034 RONALD D MONRO, MONACOS ) AND THE CITY OF MCHENRY ) 2816 WEST ROUTE 120 ) ORDINANCE NO 0-96-776 MCHENRY iLLINOIS 60050 ) ZONING FILE NO Z-399(40) AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING A RECLASSIFICATION AND CONDITIONAL USE PERMIT THEREON. Whereas, a written Petition signed by Henry M Retek and the City of McHenry has been filed with the City Clerk of the City of McHenry, Illinois requesting the following zoning change: 1. ralassifieetion from B Hslato Zoning Dlsidcl to CS Highway Commercial District; 2, conditional use permit to allow the following: a, restautant/barhavinglive entertainment and dancing: be game room; c1 outdoor recreational establishment having horseshoo pits; d, eerving alcoholic beverages and food on outside deck; under the provisions of the Zoning Ordinance of Ole Ciry of McHenry, as amended, for the properly commonly known as 2816 West Route 120, McHenry, Illinois 60050, and legally described on Exhibit A attached hereto; and Whereas, a hearing was held before the City of McHenry Zoning Board of Appeals on January 8, 1996, at which time the Zoning Board of Appeals did take evidence and view exhibits presented thereat by the Petitioners; and, Whereas, based on evidence heard, the Zoning Board of Appeals found that there was no overriding reason for not granting the zoning reclassification and conditional use permit as requested; and, Whereas, the Zoning Board of Appeals found, and the City Council concurs In that finding, that it would serve the Interests of the City if said reclassification and conditional use permit were granted for the subject property. NOW, THEREFORB, BE IT ORDAINED by Ole City Council of die City of McHenry, Illinois, as follows: Section 1: That the following amendments to the City of McHenry Zoning Ordinance are hereby granted on the property commonly known as 2816 West Route 120, McHenry, Illinois 60050, and legally described in Exhibit A: A. reclassification from D Estate Zoning District to C5 Highway Commercial District; Be conditional use permit to allow the following: 1. restaurant/bar having live entertainment and dancing: 21 game room; 3, outdoor recreational establishment having horseshoe pits; C serving alcoholic beverages and food on outside dock; [PLANNING AND ZONING COMMISSION STAFF REPORT Z-897 CONDITIONAL USE PERMIT TO ALLOW A TAVERN AT 2816 W ILLINOIS ROUTE 120 AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED REQUEST] 999(40) Page :. Section 2: That the Ci[y Council finds Wat in gmfling the reclassification, the following criteria have been proved before this body: A. Thoproposed uses a rocompatiblewithex&ling uses or existingzoning of property in the environs. D. The trend of development in the general area since the original zoning of the uffmlcd property was established supports the proposed use or zoning classification. C. The proposed use or zoning classification is in harmony with the objectives of the Comprehensive Plan of ilia City as viewed in light of any changed conditions shim the adoption of the Plan. D. The proposed use or zoning classi ficalion promotes Ilia public Interest and not solely the juiciest of ilia applicant. Section • That Vie City Council finds In granting die conditional use pern lt, the following criteria have been proved before this body: A. Any adverso impact of lypce of volumas of traffic now not otherwise typical to the zoning district has ban minimized. D. Any adverso effects of false, glare, odor, dust, wuta disposal, blockage of light or rdq or other adverse environmental effects of a typo or degree not char tcleristio of permitted uses in ilia zoning district, have been appropriately controlled. C. The proposed use will fit trermonlously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. Thousawill not have undue deleterious affect on the environmental quality, property values, or neighborhood chancier already existing In the area or nomsatly associated with permitted uses in the district. ➢. Tine proposed use will not acquire existing community facilities or services to a degree disproportionate to that normally expected or permitted tries in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development In the arcs. D. The proposed use will not be detrimental to the safely or health of the employers, patrons, or visitors associated with Ilse use not of the general public In the vicinity. F. Tlw proposed use is in harmony with all other elemenlc of compatibility pertinent to the Conditional Use and its particular location. Section 4• All ordinances, or parts thereof, in conflict wiUt the terms and provisions hereof, ire hereby repealed to the extent of such conflict. ti •This ordinance shall be published in pamphlet form by and under We authority of the colporale auWorities of ilia City of McHenry, Illinois. [PLANNING AND ZONING COMMISSION STAFF REPORT Z-897 CONDITIONAL USE PERMIT TO ALLOW A TAVERN AT 2816 W ILLINOIS ROUTE 120 AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED REQUEST] 399k4W Page 3 Section 6: This ordinance shall he in full force and offect from and after Its passage, approval and publication in pamphlet form, as provided by law. Passed this 7th day of L�ebzvazv , 1996. AYES: Bolger Locke Bates Lawson 13aixd NAYS: Novo ABSTAINED: Nnnn ABSENT: None NOT VOTING: None Approved this >th day of Febzuary , 1996. MAYOR CITY CLERK rev: January 10, 1996 10 [PLANNING AND ZONING COMMISSION STAFF REPORT Z=897 CONDITIONAL USE PERMIT TO ALLOW A TAVERN AT 2816 W ILLINOIS ROUTE 120 AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED REQUEST] N 00A (. 0 X1f1P 1T LtiGAL DI;SCRXPTION (LD: c632): Lot 22 (excepting therefrom a piece of land 60 feet in width running parallel urith and adjoining the West line of said Lot 22) in Conway's Subdivision, being a Subdivision of part of the Southwest Quarter of the Southwest Quarter of• Section 25, Township 45 North, Range 8 East of the Third Principal Meridian, aecordi.ng to the Plat thereof recorded August 16, 1923 as Document No. 60164, in Book 4 of. Plats, page 99, excepting and reserving therefrom that part as condemned by the state of Xllinois in Circuit Court• Case No. 91-BD-6 and as described in a Lie Pendens Notice recorded as Document No. 91R 048841 in 6fcHenry County, Illinois. PEF2NANENT XNDEX NO(S).: 09-25-354-009 STREET ADDRESS: 2816 Route 120 McHenry, IL •60050 11 UpRooted is a casual bar done in hardwoods and glass block, with seating. Uprooted will offer's video machines, music jukebox and darts, for our customers. It has a nice deck for customers to sit and converse with friends. There are two Owners for Uprooted (Daniel Smith and Elizabeth Du Plain). Dan purchased the Town Club in 1985, which is located in the heart of McHenry. It's an oId historical building which holds twelve apartments and a tavern. The tavern is a bar with seating, and video gaming. Dan has over forty years restaurant, bar and food industry experience. He is certified in Basset Training, Illinois Food Service Sanitation and Food handlers. Liz has forty years restaurant experience, and attended schooling in Food Service Management in the early nineties. Liz is certified in Basset Training, Illinois Food Service Sanitation and Food Handlers. Upon opening UpRooted, we plan to continue upgrading the building. A few of the major upgrades would be as followed; Remodeling the kitchen and dining area; Changing well and septic to city water and sewer; Sign to be moved and brought up to city ordinance. UpRooted was purchased in June of 2015. The building records show it was built in 1937. We started gutting the interior and putting it back together. Hickory and hard maple harvested locally, had been hand cut and tongue and grooved. With this wood, the bar was assembled with added glass block and the floor was laid. A half wall mirroring the bar, was added to surround the video gaming area. On the east side of the bar, four windows and a door have been revealed. New ceiling and walls have been placed. Updated LED lighting has been installed through out. New bathrooms have been updated, which are handicap compliant. Deck area has been stained, and the building has been freshly painted. Down the line when the restaurant opens, our menu will offer Vegetarian, Gluten Free options, along with traditional options such as Steak, Seafood and Chicken. We really feel this will bring patrons from surrounding areas, to the City of McHenry. FORM A PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry File Number 333 South Greje'n' Street � McHenry, IL 60050 � Tel: (815) 363-2170 � Fax: (815)p3�63-2173 ��/ 1. Name of Applicant OoD Tel () � S• Z 3 �O' SZ _ � Addresss� z� l�. Z Fax City l rlc kf) CV State X1 zip 2. Name of Property Ownerl)a t'1\)(Yl A�Ei IMLQ, Ii �Ctj K) d1A F/ S• % S�C • (If other than Apph�n /S, AddressurrOt�l� I�r- Fax yn City [ `'ICff Pm r N State zip&CC)5-0 3. Name of Engineer Tel (If represented) Address Fax City State_ Zip 4. Name of Attorney A01 Tel (If represented) Address Fax 5. Common Address or Location of Property C 8�����do 6. Requested Actions) (check all that apply) Zoning Map Amendment (Rezoning) V Conditional Use Permit Zoning Variance _Other Zoning Vaziance —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 1 of 3 7. Current Use of Property 8. Current Zoning Classification of Property, Including Variances or Conditional Uses Ili �.,_....I / ^AIII�ies.A o-2Gd-L7k Cite : 9. Current Zoning Classification and Land Use of Adjoining Properties North: South: East. ! .'Jc �g2.1/iCt;-1-(EQ(GF�L west. (� �,�j 450WICE /Ot7j7�.�/ 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to deterntine the required attachments. ✓I. 4XI) 2. r 3. 4. f 5. 6. fig. Application Fee (amount) $ Narrative Description of Request FORM A -Public Hearing Application FORM B - Zoning Map Amendment (Rezoning) Application FORM C - Conditional Use Application FORM D - Zoning Variance Application FORM E-Use Variance Application Proof of Ownership and/or Written Consent from Property Affidavit Plat of Survey with Legal Description List of Owners of all Adjoining Properties Public Hearing Notice Sign (Provided by the City, to be posted by the Applicant) Site Plan Landscape Plan Architectural Rendering of Building Elevations Performance Standards Certification Traffic Analysis School Impact Analysis Owner in the Form of an FORMA Page 2 of 3 11. Disclosure of Interest The party signing me 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 Corporation or Yar[nership 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. A�olicant or Owner is a land Trust If 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. Signature of Applicant(s) Print Name and Designation of Applicants) lua-64 Kswi��, �(-�)Mer FORMA Page 3 of 3 FORM C File Number z-997 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 Permit, 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. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. 3. Neiehborhood Character The proposed use will fit hannoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. 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 facilities, in such a way as to place undue burdens upon existing development in the area. 5. Public Safetv 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. 6. Other Factors The proposed use is in Harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. FORM C Page 2 of 2 t�� �I ■cry PLAT OF SURVEY WK rvbeM NenMfWaWe.�1 r.NNbRI. JIp gKYYOb.Y`�pM� 1b14 v..jb M�IY1m y' _�`wm aQkis� roTr 3CiY15oN \Cy 1: 4 y' � 2 5 r - ��e € g E �.. xmiia�4s 7zp . reW�m.We.Myrblm w� �rW +W Wiev �.wwMr,Wr- ••o.omM.Wnm�wgie.d..W n.we.e 1 .ft� ft.mm [PLANNING AND ZONING COMMISSION STAFF REPORT Z-898 CONDITIONAL USE PERMIT TO ALLOW A TAVERN AT 810 N FRONT STREET UNIT C (ILLINOIS ROUTE 31) AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED REQUEST] Applicant Three Queens 810 N Front Street (Illinois Route 31) McHenry, IL 60050 Requested Action Conditional use permit to allow a tavern at 810 N Front Street Unit C (Illinois Route 31) and any other variances effectuating the aforementioned request. Site Information Location and Size of Property The property consists of .59 acres, with 9,250 square -foot retail shopping center Comprehensive Plan Designation Commercial Existing Zoning and Land Use Southgate Retail Center is zoned C-5 Highway Commercial District and contains approximately 9,250 square -feet of retail/commercial space and 50 parking spaces. Currently Food Mart is located at the southern endcap, PLS is located in the center and Soapbox Laundromat is located on the northern endcap. Adjacent Zonine and Land Use North: RM-2 High -Density Multi -Family Residential, Southgate Apartments South: RM-2, Southgate Apartments East: RM-2, Southgate Apartments West: C-5, McHenry Public Library and Frank Low Insurance, Berkshire Hathaway Real Estate and Offices Background and Description of Request Southgate Retail Center was constructed in 1972 and consists of approximately 9,250 square feet of retail and commercial space anchored by the Food Mart, which is operated by the applicant. Recently the unit immediately adjacent and to the north, occupied by Kiddy Korner was vacated. This unit is approximately 2,400 square feet, and the applicant is proposing to operate a tavern in the vacant unit. In addition to the Food Mart, the applicant operates liquor stores at Bull Valley/Charles Miller Road and Illinois Route 31, as well as a location in the McHenry Plaza Shopping Center. The store located in McHenry Plaza is part of the southern inline retail space adjacent to the vacant Aldi's building. 1 (PLANNING AND ZONING COMMISSION STAFF REPORT Z-898 CONDITIONAL USE PERMIT TO ALLOW A TAVERN AT 810 N FRONT STREET UNIT C (ILLINOIS ROUTE 31) AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED REQUEST] Staff Analysis Conditional Use Permit Staff believes the proposed tavern use is an appropriate land use for the subject property. Reviewing the requirements in Table 31 of the zoning ordinance, staff believes the proposed project will not produce any additional adverse impacts to traffic, the environment, the neighborhood, public service and facilities or public safety and health, than would any other permitted use in the C-5 zoning district. The applicant has a history of operating successful businesses in the City and does so in a professional manner. While the proposed use adjacent to the Food Mart will be the first tavern the applicant has opened within the City each of his other businesses operates with a liquor license. The applicant is anticipating offering a wide variety of specialty beers at the proposed tavern. Staff Recommendation Prior to Public Hearing Approval of a conditional use permit to allow a tavern at 810 N Front Street Unit C. Staff finds all requirements in Table 31 (Approval Criteria for Conditional Use Permits) of the zoning ordinance have been satisfied. Attachment • Location Maps 2 July 13, 2u IV LAONOROMAT o� PAY I LQANB ..,.I, Ili - -- G 11111 Int — Sam Shah 6411 Middleton In McHenry, IL, 60050 815-260-8144 Sam8144@gmail.com Dear Doug Martin, 3 Queens is a concept created by myself. Our proposed business provides individuals with an alternative to a traditional pub or sports bar. Our concept is a warm and welcoming place with bright open spaces decorated with trendy decor for individuals over the age of 21. We want to provide customers with a fun and trendy place to enjoy and entertain themselves with drink, and video -gaming terminals. We plan on educating our servers and ensuring that customers are not over -served, and potentially employing a maximum drink per person policy. Although included, alcohol sales will not be the primary focus of our business with no off -premise sale of alcohol. I am very enthusiastic about the proposed bar with gaming facility. Please inform us if there are additional materials and supporting documents you may require. We look forward to telling you more about 3 Queens and hopefully becoming a member of the Village of McHenry business community. Thank you for your time and consideration. Sincerely, Thank you in advance. Suclnit shah 3 Queens 810 N. Front St. Unit C. McHenry, IL 815-260-8144 Sam8144@gmail.com 3 ()ULLNS DESCRIPTION We want to open a Bar with gaming facility that selves various alcoholic beverages as well as choice of non-alcoholic beverages. TARGETED MARKET AND CONSUMERS Our business will target community members over the age of 21 years and provide a safe space for them to enjoy gaming facilities and responsibly drink. We believe that our business will provide great enjoyment for community members and generate revenue for the Village of Mchenry. PROPOSED MENU Our proposed menu consists of alcoholic beverages, non-alcoholic beverages. We wish to serve the following alcoholic beverages: a variety of domestic and craft beers; wine; mixed cocktails such as, Bloody Mary's, Pirfia Coladas, Strawberry Daiquiris, Margaritas, Martinis, Mai Tais, Mojitos, Amaretto Sours, White Russians, Tequila Sunrises, Screwdrivers, Mudslides, Bahama Mamas, and Blue Hawaiians; and shots of liquor as requested by patrons. We wish to serve non- alcoholic beverages as well, such as: iced tea, coffee, cappuccinos, and a variety of soft drinks and juices. Our business will offer certain Garner Specials for our patrons, which will provide them with discounts on their beverages when using gaining facilities. OUR BACKGROUND Suchit Shall owns a total 4 liquor stores and convenient stores. Suchit shah has substantial experience being small business owners and managing small businesses. I strongly believe that my work experience will allow me to run this proposed business very smoothly and successfully. My current business in Mchenry are Sam's liquor and wine, Mchenry Liquor, Family food mart and one in Richmond IL Richmond liquor and Tobacco. FORM A PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry File Number Z - $9$ 333 South Green Street � McHenry, IL 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173 I. Name of Applicant_ %Ut BENS Tel Zl5. 2Q6�g149 Address F"yil %rC trn eHt *,"N Fax 2. Name of Property Owner e /o ga/Gr.'69 //9gy Wq/ZO Tel f y7' a 93� 02d'3 Aresslf other ddthan Applicant) �` ���� g�Z Lo �L (�lo•,t y'//Pax 3 Y 7 911/9 S`/9'9-- wit 3. Name of Engineer N / a Tel (If represented) Address Fax 4. Name of Attorney N i P, Tel (If represented) Address Fax 5. Common Address or Location of Property EVRIAT S 1 tj N \% � P 6. Requested Actions) (check all that apply) oning 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 example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: FORMA Page 1 of 3 7. Current Use of Property h- kb 1_T •X 1� �'i RE'C RI L CEt �fF 8. Current Zoning Classification of Property, Including Variances or Conditional Uses Z.v'r11= e� S ii-i�(nN4�L�7 cam��Q�c'�c�-t '1 9. Current Zoning Classification and Land Use of Adjoining Properties North: NOQ'�t� i=-� �-1�GNW�-� '�6mri>✓2C�6�C South: sa��H �`� ��fnHt.a+c�-•, Cnm+nxeti.RLR�i��_ East: ce-c West: 10. Required Attachments (check all items submitted) Please r�ef/• to the Public Hearing Requirements Checklist to determine the required attachments. rApplication Fee (amount) $arativeDescriptionofRequest FORM A - Public Hearing Application RM B - Zoning Map Amendment (Rezoning) Application (t4T5. FORM C -Conditional Use Application 6. FORMD-ZoningVarianceApplication FORM E - Use Variance Application ��8. /•Pm f Ownership and/or Written Consent from Property Owner in the Form of an id ' 9 urvey with Legal Description 1 st of Owners of all Adjoining Properties t Public He, 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 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 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 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 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 1 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. Signature of Applican(s) Print Name and Designation of Applicants) � %� FORMA Page 3 of 3 FORM C File Number 1" SYS/ CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street � McHenry, IL 60050 � Tel: (815) 363-2170 � Pax: (815) 363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, 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. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. �-� �(`fle.•LAn,Ct; fne(A"«,J API i9i�t_,115� 'L.0111 Sa��2Acf'/F!ON D�(Ziclurt� (Ir"!&d aN ZS �� Lsetkliaw cswN�i���ai( 2cw 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. TWTM 3. Neiehborhood 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 have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. No t�S� �1+"'�ttlRQ. a7td �6asI5}Enl� �at� ��s�-ienCl �Hgt�r. ���1Ri�\�S 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 facilities, in such a way as to place undue burdens upon existing development in the area. IFIMPEMMOV.S. ors\\ !\Si1�iY3L lSli��.11��'7 ��J�z >t'�l1MJ�i1J��SL711�L1►�� 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. 912)o �M'tSSE SIMI' LRQ� RIJA�eoNs�5SrervT 1.911t1. t=E15�}�tG 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. 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