HomeMy WebLinkAboutMinutes - 06/30/2021 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Minutes
June 30, 2021
Chairwoman Rockweiler called the June 30, 2021 special meeting of the City of McHenry Planning
and Zoning Commission to order at 7:00 p.m. In attendance were the following: Bremer, Lehman,
Rockweiler, Smale, Sobotta and Walsh. Absent: Davis. Also in attendance were City Planner Cody
Sheriff, Economic Development Coordinator Wolf, and Community Development Director
Polerecky.
Chairwoman Rockweiler opened the public portion of the meeting at 7:00 p.m. There was nobody
in attendance who wished to address the Commission with public comment.
Approval of Minutes:
Consideration of May 19, 2021 regular Meeting Minutes as amended for a scribners error.
Motion by Sobotta and seconded by Lehman for approval.
Roll Call: Vote: 6-ayes: Commissioners Bremer, Lehman, Rockweiler, Smale, Sobotta and
Walsh. 0-nay; 0-abstained; 1-absent: Davis. Motion Carried.
File No. Z-989
G&A European Quality Pros LLC
Use Variance to allow a single-family residence in the C-5 Highway Commercial District
Chairwoman Rockweiler called the hearing to order at 7:05 p.m. regarding File No Z-989 a
request for Use Variance to allow a single-family residence in the C-5 Highway Commercial
District in conjunction with a computer repair shop at 4805 Elm Street. Chairwoman
Rockweiler confirmed all legal posting requirements have been met.
Anthoula Arfanitis, 4702 Ripon Rd., Crystal Lake, IL was sworn in and stated she is asking for a
use variance to lease the property to a tenant who wants to operate a storefront on the
property while living there.
City Planner Sheriff provided the Commission with the Staff Report regarding this file stating
the subject property was formerly occupied as a single-family residence in conjunction with a
seamstress business. It currently contains a vacant single-family residence and detached
accessory building. He explained the history of the current zoning of the property and the use
being classified as [legal] nonconforming subject to the regulations identified in the City’s
Zoning Ordinance in effect at that time
The petitioner is not proposing any changes to the existing site except for interior remodel. The
proposed computer repair business is allowed as a permitted use. The business will service
computers and cell phones by appointment only. There is room for approximately 1-2 parking
spaces in the front and to the side of the garage, which is in conformance with the City’s Off
Street Parking and Loading Requirements.
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June 30, 2021 Special Meeting
Page 2
Planner Sheriff presented, in summary, staff believes the proposed commercial redevelopment
is in substantial conformance with the City of McHenry Zoning Ordinance. The subject property
is approximately 0.275 acres which makes it challenging for many commercial land uses to
locate here. The property has remained vacant for several years. The Comprehensive Plan
specifically recommends, however, small lots located on IL-120 be consolidated to allow for
uses that are more productive. Approval of the request would negatively impact the ability of
the City to consolidate these smaller lots. Staff made the previous owner aware that the single-
family residence would not be allowed to be re-established without approval of a Use Variation.
Staff is recommending denial of the petition based upon the recommendation of the
Comprehensive Plan.
Planner Sherriff stated if the Planning & Zoning Commission agrees with staff’s assessment then
a motion is recommended for denial of the request, as presented in the Staff Report.
Chairwoman Rockweiler invited questions and/or comments from the Commissioners.
There were no questions from any of the Commissioners.
Chairwoman Rockweiler invited questions and/or comments from the Public. There were no
comments from the public. Chairwoman Rockweiler closed the public comment portion of the
hearing at 7:08 p.m.
Planner Sheriff asked if any of the Commissioners could make a statement as to why they do not
need any discussion of the request. Commissioner Bremer opined the staff report was thorough
and she wanted to acknowledge the Comprehensive Plan recommendation for small lots located
on IL-120 be consolidated to allow for more productive uses. If this were approved, she does not
believe that consolidation would be possible.
Chairwoman Rockweiler stated she doesn’t believe the request meets future land use planning.
There was no comment by the other Commissioners.
Motion by Bremer seconded by Smale with regard to File No. Z-989, to recommend denial of the
petitioner’s request for a use variance to allow a single-family residence in a C-5 Highway
Commercial District as outlined in the staff report, as presented, and by making said motion, I
agree with staff’s assessment that the approval criteria for Use Variations have not been met as
outlined in the Staff Report.
Roll Call: Vote: 6-ayes: Bremer, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays, 0-
abstained, 1-absent: Davis. Motion for Denial Carried.
Chairwoman Rockweiler closed the hearing regarding File No. Z-989 at 7:10 p.m.
File No. Z-990
Kevin Naleck
Use Variance to allow an Open Sales Lot for the operation of a used car dealership
in the C-2 Neighborhood Commercial District
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June 30, 2021 Special Meeting
Page 3
Chairwoman Rockweiler called the hearing to order at 7:10 p.m. regarding File No Z-990 a
request for Use Variance to allow an Open Sales Lot for the operation of a used car dealership
in the C-2 Neighborhood Commercial District at 4502 W. Crystal Lake Rd. Chairwoman
Rockweiler confirmed all legal posting requirements have been met.
Kevin Naleck, 815 Schneider Dr., South Elgin, IL was sworn in and stated he is asking for a
use variance to use this space to operate his small internet based used car dealership. He stated
he has been in business since 2015 and provides the community a convenient, honest, and
affordable location to purchase a used car. There would be no changes to the existing
structures, no changes to the existing parking lot, no effect on neighboring properties, and a
vacant property would have a new lease on life. This would be sales only location with all
reconditioning being performed offsite and outsourced to other small business. He has been
searching for a property like this for a long time and hopes to have the opportunity to serve the
community and continue to build the business that provides for his family.
City Planner Sheriff provided the Commission with the Staff Report regarding this file stating
the petitioner is requesting approval of a Use Variance to allow an Open Sales Lot for the
operation of a used car dealership in the C-2 Neighborhood Commercial District. The petitioner
is not proposing any changes to the existing structures and parking lots. The site is in
conformance with the City’s Off Street Parking and Loading Ordinance. Staff did discover that
the previous owner removed several large trees adjacent to the customer parking area. Staff is
requiring the petitioner replant trees in accordance with the City’s Tree Preservation
Ordinance. The northern most parking lot is where the petitioner will be storing vehicles. Staff
feels the 186-foot setback from the property line and the storage area would accommodate the
storage of vehicles without negatively impacting the local character. Staff is recommending that
the overnight storage of vehicles shall be restricted to the northern-most parking lot.
Planner Sheriff presented, in summary, staff is in agreement with the petitioner that the site is
uniquely designed to adequately accommodate automobile sales without detracting from the
community character. The primary concern is the overall look and feel of the site and its impact
on the surrounding area. Given the 186-foot setback distance of the storage area from the
southeast property line, staff believes the storage area would not negatively impact the
surrounding properties. The business relies on online advertisement to market and sell vehicles
as opposed to large video signage that is traditionally associated with automobile dealerships.
Staff is recommending several conditions of approval to accommodate the request in
accordance with the Crystal Lake Road Sub-Area Plan. Planner Sheriff stated Staff is also
recommending several conditions related to landscaping, overnight storage, and signage to
protect the surrounding neighborhood character. Staff does not object to the petitioner’s
request and recommends approval subject to appropriate conditions.
Planner Sherriff stated if the Planning & Zoning Commission agrees with staff’s assessment then
a motion is recommended, with the conditions as presented in the Staff Report. He also stated
one letter from concerned resident was received and addressed.
Chairwoman Rockweiler invited questions and/or comments from the Commissioners.
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June 30, 2021 Special Meeting
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Commissioner Sobotta asked if there would be trailers of vehicles unloaded at the property. Mr.
Naleck responded no, and that all vehicles are obtained via personal pickup and delivery.
Commissioner Smale asked sales hours. Mr. Naleck stated 10:00 am-9:00 pm.
Commissioner Bremer requested a timeline on replanting of trees. Mr. Naleck stated he intends
to have trees planted soon after closing. On an additional question of security, Mr. Naleck
responded there would be basic security cameras and he hopes to reuse the bank cameras that
were left in addition to an alarm company.
Chairwoman Rockweiler asked if balloons and flag banners would be used on the property for
sales and promotions. Mr. Naleck responded no, all promotion is done online.
Commissioner Walsh asked if any repairs would be done on premises, what types of vehicles are
intended to be sold, and what attracted Mr. Naleck to this specific location? Mr. Naleck
responded that all repair work is outsourced other than small things such as replacing wipers etc.
He added that many of his customs come from the McHenry area and the layout of this property
was a perfect fit. He is not a typical car dealership that might rely on drive-by traffic. The usual
vehicles he sells are basic four doors, mostly one owner and clear titled vehicles.
Commissioner Lehman inquired about the amount of walk-in traffic that might be expected and
how many cars he may typically house on the property. Mr. Naleck responded there may some
but very little walk-ins. He added there might be 30 cars total on the property and in the
garage/storage building combined.
Planner Sheriff asked Mr. Naleck to inform the commission and audience on the number of
employees at the business. Mr. Naleck stated it is primarily just him and possibly his father in
law occasionally.
Commissioner Bremer asked about a timeline on meeting any conditions required for approval.
Planner Sheriff stated the applicant would not be issued a certificate of occupancy until all
conditions are met, and all will be addressed and defined after a walk through inspection with
the building inspectors.
Chairwoman Rockweiler invited questions and/or comments from the Public.
Terry Locke, 208 Windridge, McHenry was sworn in and stated most used car dealerships are
online. He opined this is not a fit for this area and asked why the commission would vote for this.
Commissioner Walsh replied that a vote has not been taken yet.
Mr. Todd Lowenheim, McHenry was sworn in and simply stated “Really?” with no further
explanation.
Mr. Gary Morley, 1001 Hilltop Blvd., McHenry was sworn in. He identified himself as an adjoining
business owner stating he does not feel this business is a good fit for the community
neighborhood and believes it would be better suited along Routes 31 or 120.
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June 30, 2021 Special Meeting
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Mr. Andy Glab 5001 Oakwood Dr. was sworn in stating the area is zoned neighborhood
commercial. He opined that history shows it is commercial zoning which was originally intended
for businesses that would serve the neighborhood community. He further opined this is spot
zoning – changing the plan for a community property. He believes there are plenty of other areas
more suited to this use in a C-5 zoning district and this is not the right location to establish a
precedence outside the community plans for the area. He opined it would just put added strain
on increased traffic in the area especially with the new high school configuration. He further
stated that he recognizes development is needed in town but we should not continue to bend
the rules just to get businesses here, rather that proper planning should be utilized. He asked
the commission to please consider this and went on to welcome all the new board members.
Chairwoman Rockweiler closed the public comment portion of the hearing at 7:30 p.m.
Commissioner Smale inquired if many vehicle test drives are run. Mr. Naleck stated test drives
are by appointment only as a rule but it is not impossible to happen on occasion.
Commissioner Lehman inquired as to the number of vehicles sold per month on average. Mr.
Naleck responded about 250 per year.
Chairwoman Rockweiler asked Mr. Naleck if he anticipates problems with traffic flow. Mr. Naleck
responded there is very little increased traffic and two people at a time is a busy day.
Chairwoman Rockweiler asked Planner Sheriff to clarify whether the future land use plan
recommends this type of use and/or whether staff feels this use is properly reflecting what is
recommended. Planner Sheriff stated not necessarily, but in light of several long-term vacant
properties they would rather see this economic use than another long-term vacant unkempt
property.
Commissioner Sobotta asked if there are specific lighting regulations being imposed. Mr. Naleck
stated they would only use lighting already in place and formerly in use. Planner Sheriff stated
current ordinances must be followed and added the commissioners can add an additional
condition if they feel it is needed. Discussion ensued.
Chairwoman Rockweiler asked for motion.
Motion by Sobotta seconded by Bremer with regard to File No. Z-990, to approve the petitioner’s
request for a use variance to allow an Open Sales Lot on the subject property as outlined in the
staff report, subject to the following conditions, as amended:
1. The development shall be in substantial conformance with the submitted site plan.
2. Automobile repair and bodywork is prohibited on site.
3. The petitioner shall work with the Zoning Administrator to replant no less than four (4)
appropriately sized shade trees along the southeast portion of the customer parking
area in accordance with the City’s Tree Preservation Ordinance.
4. All video signage shall be prohibited.
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June 30, 2021 Special Meeting
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5. The outdoor storage and display of vehicles shall be restricted to the northern most
parking lot as identified in the site plan. This restriction does not apply to the day-to-day
operations that may involve temporarily moving vehicles.
6. No vehicles shall be stored overnight unless located within the storage/display area or
inventory parking area as identified in the site plan.
7. The business hours of operations shall be restricted from 7:00 a.m. to 9:00 p.m. in
accordance with the Crystal Lake Road Sub-Area Plan.
8. Any building façade improvements shall be in conformance with the recommendations
of the Crystal Lake Road Sub-Area Plan.
9. All other federal, state, and local laws shall be met.
10. No additional parking lot lighting shall be added to the site unless required by federal
state or local law.
and by making said motion, I agree with staff’s assessment that the approval criteria for Use
Variations have been met as outlined in the Staff Report presented.
Roll Call: Vote: 5-ayes: Bremer, Lehman, Rockweiler, Smale, and Sobotta. 1-nay: Walsh, 0-
abstained, 1-absent: Davis. Motion Carried.
Commissioner Walsh stated he does not believe this use meets the future land use plans and
believes it is a poor location in the neighborhood for this type of business.
Commission Sobotta stated his Yes vote was made only due to the stated promise by the
Petitioner that the character of the site will not be changed.
Chairwoman Rockweiler closed the hearing regarding File No. Z-989 at 7:45 p.m.
City of McHenry
File No. Z-988
Zoning Text Amendments to §11-6-18 Adult-Use Cannabis Business, §11-9-7 Permitted and
Conditional Uses in Commercial Districts, §11-10H-2 Table 2 Permitted and Conditional Uses,
and §11-13-2 Table 2 Residential Screen Strip Design Standards of the Zoning Ordinance; and
Text Amendments to §12-4-3 Submission of Preliminary and Final Plats for Simultaneous
Review of the Subdivision Control and Development Ordinance.
Chairwoman Rockweiler called the hearing to order at 7:45 p.m. regarding File No Z-988 a
request for various text amendments to the City of McHenry Zoning Ordinance.
City Planner Sheriff provided the Commission with the Staff Report regarding this file stating
The City of McHenry originally approved its cannabis zoning regulations in September of 2019.
Since that time, Lake in the Hills was the only municipality in McHenry County to attract a
Cannabis Dispensary. Staff theorizes this was most likely due to allowing it as a permitted use in
their commercial district. Key provisions adopted by the City compared to what is allowed by
State Statue were presented.
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June 30, 2021 Special Meeting
Page 7
Staff is also proposing minor changes to the residential screen strip landscaping design
standards. The proposed changes would eliminate the requirement that privacy fences must be
located interior to landscaping. Staff have run into issues with certain lot configuration that
would make maintenance of said screened areas complicated. Staff is proposing to eliminate
the placement provision to allow staff to work with business owners to place screening in areas
that make logical sense.
Staff is proposing to eliminate the section on submission of preliminary and final plats for
simultaneous review and replace it with new language. The previous two subdivisions have
gone through the process and only performed one hearing. The new proposed language would
eliminate the standards to determine if a project can go through the simultaneous review
process and allow the Zoning Administrator the ability to determine on a case-by-case basis
what process would be most appropriate. Replacement language was summarized and
reviewed.
Planner Sheriff asked the Commissioners if they had any questions regarding the proposed
changes to the residential screen strip landscaping design standards or submission of plats for
simultaneous review. There were no questions or discussion by Commissioners.
Planner Sheriff went on to summarize the proposed changes to the Cannabis text amendments
stating research has indicated cannabis dispensaries have little to no impact on crime and shared
crime related articles and reports.
The City’s cannabis regulations allow for a maximum of two dispensaries as a conditional use in
property zoned I-1 Industrial, BP Business Park, and C-5 Highway Commercial District. The City
has approved one Cannabis Dispensary located on Prime Parkway in an Industrial Subdivision.
Because dispensaries are currently destination type retail uses, staff believes it is more
appropriate to locate them in retail commercial areas where the traffic generated would have a
positive spillover effect on neighboring businesses. The Lake in the Hills Dispensary is located in
a commercial Subdivision off Randall Road in a building that was occupied by a former
restaurant. Currently, no cannabis use types are permitted north of McCullom Lake Road.
During the initial adoption, concerns were raised regarding police response times in the event a
criminal incident occurred at a site north of McCullom Lake Road. State statute requires very
strict security guidelines for businesses that operate a dispensary. After consulting with the
Chief of Police, staff is comfortable with eliminating the geographic restriction north of
McCullom Lake Road given how secure dispensary facilities are.
Staff is also proposing changes to some of the more industrial/manufacturing type uses such as
cannabis craft grow, transportation, and infusion businesses. Craft grow, transportation, and
infusion cannabis uses are currently allowed as a conditional use in the I-1 Industrial District, BP
Business Park District, and C-5 Highway Commercial District. Staff believes these uses are
appropriate and should be allowed as a permitted use within the I-1 Industrial District, BP
Business Park District, but remain a Conditional Use in the C-5 Highway Commercial District
unless co-locating with a dispensary, which would then be allowed as a permitted use. Staff is
also proposing to allow craft grow, transportation, and infusion businesses as a conditional use
Planning and Zoning Commission
June 30, 2021 Special Meeting
Page 8
in the C-3 Community Commercial District when co-locating with a dispensary. A summary of
the proposed text amendment language was presented.
Planner Sheriff stated if the Planning & Zoning Commission agrees with Staff’s recommended
changes to the Zoning Ordinance, then staff recommends a motion be made as presented in the
updated staff report, with corrections made 6-29-21 and presented by Planner Sheriff.
Chairwoman Rockweiler opened the floor to questions and comments from the public.
There was nobody in attendance who wished to address the Commission with public comment.
Chairwoman Rockweiler closed the public comment portion of the hearing at 8:03 p.m.
Chairwoman Rockweiler invited questions and/or comments from the Commissioners.
Commissioner Walsh inquired if any applicant been turned away prior to the request for these
changes. Planner Sheriff responded no, he just viewed it as an easier process after observing
Lake in the Hills process and it is preferred to attract a dispensary locally to help increase our
sales tax proceeds and also receive additional help for our local non-profit organizations such as
the Riverwalk.
Chairwoman Rockweiler inquired as to who makes the decision regarding which nonprofits
benefit from placement of a dispensary? Planner Sheriff responded it is the decision of the
applicant/owner. She asked for clarification to be made regarding what is allowed where
specifically on the map presented. Planner Sheriff clarified and stated the specifics are
requirements by the State.
Director Polerecky asked if the commission understood or wanted clarification on the different
types of cannabis-related businesses outlined. Clarification was given.
Chairwoman Rockweiler asked if staff feels these changes will make the process easier for
applicants when licenses are finally issued by the state. Planner Sheriff responded yes, further
clarifying the city is not allowing any on-site consumption anywhere and our ordinance is more
restrictive than the State’s requirements.
There were no further questions from the commissioners.
Motion by Lehman seconded by Smale, with regard to File No. Z-990, to approve zoning text
amendments to §11-6-18 Adult-Use Cannabis Business, §11-9-7 Permitted and Conditional Uses
in Commercial Districts, §11-10H-2 Table 2 Permitted and Conditional Uses, and §11-13-2 Table
2 Residential Screen Strip Design Standards of the Zoning Ordinance; and Text Amendments to
§12-4-3 Submission of Preliminary and Final Plats for Simultaneous Review of the Subdivision
Control and Development Ordinance as presented in the amended staff report containing
corrections made 6-29-21 as presented by Planner Sheriff.
Roll Call: Vote: 6-ayes: Bremer, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays, 0-
abstained, 1-absent: Davis. Motion Carried.
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June 30, 2021 Special Meeting
Page 9
Chairwoman Rockweiler closed the Public Hearing regarding File No. Z-990 at 8:10 pm.
Staff Report: The next regularly scheduled meeting is July 14, 2021. Planner Sheriff stated there
is one item submitted for the next agenda but it is still being reviewed. A complete streets
streetscape plan is still in process and the Comprehensive Plan is proposed to be updated in the
next year. An RFP for the City’s old Central Wastewater Treatment plant is available on the City’s
website.
Adjourn: Motion by Bremer and seconded by Smale, all approved. Meeting adjourned at 8:15
p.m.