City of Crystal Lake Planning and Zoning Commission met April 21
Here is the minutes provided by the commission:
The meeting was called to order by Chair Greenman at 7:00 p.m.
Mr. Greenman called the meeting to order. On roll call, members Esposito, Jouron, Gronow, Repholz, Skluzacek, and Greenman were present.
Elizabeth Maxwell, City Planner and Katie Cowlin, Assistant City Planner were present from Staff.
Mr. Greenman said this meeting is being recorded for broadcast and future playback on the City’s cable channel. He led the group in the Pledge of Allegiance.
APPROVE MINUTES OF THE MARCH 17, 2021 PLANNING AND ZONING COMMISSION MEETING
Mr. Jouron moved to approve the minutes from the March 17, 2021 regular Planning and Zoning Commission meeting as presented. Mr. Esposito seconded the motion. On roll call, members Esposito, Skluzacek, Jouron, Repholz, Gronow and Greenman voted aye. Motion passed.
VICE-CHAIR ELECTION
Ms. Maxwell stated that when Mr. Greenman was appointed to the Chairperson position a vacancy for the Vice-Chair was created. It is in the Commission’s power to nominate and elect a Vice-Chair. The vote can be done by ballot, if needed. Mr. Greenman nominated Mr. Esposito as Vice-Chair. No other nominations were made.
Mr. Skluzacek made a motion to elect Mr. Esposito as Vice-Chair, Mr. Gronow seconded the motion. On roll call, members Gronow, Repholz, Skluzacek, Jouron, Esposito and Greenman voted aye. Motion passed 6-0.
2021-42 UDO TEXT AMENDMENT – PUBLIC HEARING
Amendment to the Unified Development Ordinance to allow Tattoo Parlor and Permanent Makeup as a Limited Use in the B-4 Zoning District.
Ms. Thelma Flagg and Ms. Valerie Heady were present to represent the request.
Ms. Maxwell provided an overview of the request. A text amendment to the UDO would affect the all properties with the B-4 zoning district designation. The request is to allow Tattoo Parlors and Permanent
Makeup as a limited use, which would mirror the B-2 allowance. A tattoo studio currently exists in the Downtown that was in existence prior to the adoption of the UDO, which is considered a non-conforming use. The proposed text amendment would bring that business closer to compliance.
Ms. Heady stated that Thelma owns the Crystal Lake Antique Mall and there is an empty space in the rear of the building. A tattoo artist has approached them to rent the space, they would have their own entrance and the space would need cosmetic changes only. It would be a good fit for the building.
The Chairman opened the public hearing. There was no one in the public wishing to speak on the agenda item. The public hearing was closed.
Ms. Repholz asked if there is a limit to the number of permits that are issued for limited use permits. Ms. Maxwell verified there is not a limit.
Mr. Esposito stated that when the UDO was created, tattoo parlors were purposefully left out of the B-4 zoning district since it was the Downtown Business zoning at the time. Mr. Esposito feels it should stay the same.
Mr. Gronow stated he tends to agree with Mr. Esposito.
Mr. Skluzacek asked if the garage would stay at the property and will the antiques be moved. Ms. Heady said the garage would stay and they would clean up the antiques so there is a clear path to the unit door.
Mr. Greenman stated he could support the request and that society has evolved since the creation of the UDO.
Mr. Skluzacek made a motion to amend the Unified Development Ordinance Article 2 Land Use Table to allow Tattoo Parlors and Permanent Makeup as a Limited Use in the B-4 Mixed-Use Zoning District.
Mr. Jouron seconded the motion. On roll call, members Jouron, Gronow, Skluzacek, and Greenman voted aye. Members Esposito and Repholz voted no. Motion passed 4-2.
2021-45 1776 RESTAURANT, 397 W. VIRGINIA STREET – SPECIAL USE PERMIT & VARIATION – PUBLIC HEARING
Special Use Permit to allow an outdoor seating area with a setback of 5 feet from a residentially zoned property, a variation of 15 feet and to allow an accessory structure to have a setback of 5 feet, a variation of 15 feet.
Ms. Rhienna McClain, owner and Mr. Keith DuShane, contractor were present to represent the request.
Ms. Cowlin provided an overview of the request. Outdoor seating is allowed as a limited use permit and approved by staff if all of the review criteria can be met. When one or more criterion cannot be met, the request requires a special use permit. The petitioner is also requesting a variation for an accessory structure to be located 5 feet from the rear property line. There are recommended conditions of approval on the last page of the staff report.
Ms. McClain explained that because of COVID-19, the restaurant has been struggling with the limit on capacity. In order to come out of the hole, creative thinking has to happen. The idea to expand the outdoor seating area and provide a different type of service makes sense for the operation of the restaurant. The expanded area will be for drinks and nosh (appetizers). An Airstream will be converted to a service bar for drinks. There will be a door connecting the seating area to the restaurant for access to restrooms and the restaurant. The expanded area will be “The Garden at the 76er”. This addition is a significant investment into the property since the added seating requires a third restroom and upgrades to the water service. The seating area will not reduce the amount of parking and the addition of the parking lot on Washington has been helpful.
The Chairman opened the public hearing. There was no one in the public wishing to speak on the agenda item. The public hearing was closed.
Mr. Skluzacek stated he liked the proposal and asked about the legal notice’s reference to a shed/storage and if the Airstream would be mobile. Ms. McClain verified that initially the request included a storage shed at the Washington Street parking lot, but that component has been removed for financial reasons. The Airstream would not be mobile and they are working with the McHenry County Health Department on the requirements and approval. The goal is to have the Airstream self-sufficient.
Mr. Gronow asked if it would only be a bar service out of the Airstream. Ms. McClain confirmed. Mr. Gronow said the request makes sense and is a good use of the limited space that is available. Mr. Gronow asked if they have spoken with the neighbor. Ms. McClain said she has, there is a new ownership group and the gentleman is out of New York, his concern was rodents and there has never been a rodent issue at the restaurant. They have a positive relationship with the neighbors.
Mr. Esposito stated it is amazing how the restaurant has changed over the years in a positive way. The hardship for the variation appears to be limited space, the financial hardship is not within the purview of the Commission. Ms. McClain confirmed that the space was a former Kentucky Fried Chicken so the building and lot were not built for a fine dining and outdoor seating restaurant. The lot is a hardship. Ms. McClain continued to state that after COVID-19, she does not believe restaurants will ever go back to the capacity that they had before, people do not want to be seated right next to each other. Mr. Esposito stated the findings of fact have been met.
Ms. Repholz confirmed the request is for a special use permit for the outdoor seating and a variation for the accessory structure setback.
Mr. Jouron asked about the hours of operation for the restaurant and if the proposed condition of 10:00pm is acceptable. Ms. McClain felt the 10:00pm close time for the outdoor area would work. Mr. Jouron asked if the Airstream would still be used post-COVID. Ms. McClain said it would, it will be part of the business moving forward.
Mr. Greenman stated he is supportive of the outdoor seating request and asked what the area would look like when completed. Ms. McClain stated the Airstream would have an opening to serve people and a pergola over the front to match the existing pergola. The Airstream will be buffed so it will not glare in the sun. They will work on some sort of lighting, most likely decorative string lights like the existing pergola. Mr. Greenman asked the petitioner to make sure the lighting stays on the property and does not spill over onto the residential property. He agreed the hardship is the lot layout and size.
Mr. Esposito made a motion to approve the Special Use Permit to allow an outdoor seating area with a setback of 5 feet from a residentially zoned property, a variation of 15 feet and to allow an accessory structure to have a setback of 5 feet, a variation of 15 feet at 397 W. Virginia Street with the following recommended conditions:
1. Approved plans, reflecting staff and advisory board recommendations, as approved by the City Council:
A. Application (1776, dated 3/31/2021)
B. Site Plan (1776, received 01/01/2021)
2. Along the property line abutting the residential, a 6-foot fence is being provided along the outdoor seating area. Replace the dying/dead Arborvitae shrubs with evergreen plants to replace this screening.
3. Ensure that the area behind the outdoor seating area and the property line can be accessed to provide ease of maintenance of this area.
4. The Airstream outdoor service station must remain at least 5 feet from the property lines and on an approved surface.
5. The outdoor seating area must be closed at 10:00pm.
6. The petitioner shall address all of the review comments and requirements of the Community Development, Police and Fire Rescue Departments.
Mr. Skluzacek seconded the motion. On roll call, members Jouron, Gronow, Skluzacek, Esposito, Repholz and Greenman voted aye. Motion passed 6-0.
TRANSIT ORIENTED DEVELOPMENT PLAN – PUBLIC MEETING
Houseal Lavigne will present a draft of the TOD Plan for the Downtown Crystal Lake and Pingree Road Metra Station areas. There was a positive discussion about the study areas and the proposed massing models for select properties within the areas. The Commission liked how the proposal extended the Downtown area
and sense of place. They were excited about a new vision for the Pingree Road Metra station area. It makes sense that with the current mix of uses that new development could be entertainment, residential or a tech park.
Following the presentation, Mr. Greenman asked that the Commission review the presentation and provide comments to staff. They would appreciate having a draft of the TOD Plan when it is ready for review. This document will be like the Comprehensive Plan and will be a guiding document for development moving forward for these study areas.
REPORT FROM PLANNING
Ms. Cowlin reviewed the items that were on the previous City Council meeting agenda and the items that are scheduled for the upcoming PZC meeting.
COMMENTS FROM THE COMMISSION
None.
Mr. Jouron made a motion to adjourn the meeting. Mr. Gronow seconded the motion. On voice vote, all members voted aye. The meeting was adjourned 9:20 p.m.
https://ecode360.com/documents/CR2206/public/601021494.pdf