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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. Planning and Zoning Commission 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 Planning and Zoning Commission 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. Planning and Zoning Commission June 30, 2021 Special Meeting Page 4 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. Planning and Zoning Commission June 30, 2021 Special Meeting Page 5 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. Planning and Zoning Commission June 30, 2021 Special Meeting Page 6 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. Planning and Zoning Commission 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. Planning and Zoning Commission 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.