HomeMy WebLinkAboutMinutes - 4/17/2024 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Minutes
April 17, 2024
Chairwoman Rockweiler called the April 17, 2024, regular meeting of the City of McHenry
Planning and Zoning Commission to order at 5:30 p.m. In attendance were the following:
Commissioners Locke, Rockweiler, Lehman, Riley, Bremer, and Davis. Absent: Commissioner
Gleason. Also in attendance were City Planner Cody Sheriff, Community Development Director
Ross Polerecky, and Deputy City Clerk Monte Johnson.
Approval of the Agenda:
A motion was made by Commissioner Riley and seconded by Commissioner Lehman to
approve the agenda as presented. Voice Vote: 6-ayes: Commissioners Rockweiler, Locke,
Davis, Bremer, Riley, and Lehman. 1-absent: Gleason. 0-nay; 0-abstained. Motion Carried.
Approval of Minutes:
Approval of the March 20, 2024, regular meeting minutes as presented. A motion was made
by Commissioner Lehman and seconded by Commissioner Bremer for approval as presented.
Voice Vote: 6-ayes: Commissioners Rockweiler, Locke, Davis, Bremer, Riley, and Lehman. 1-
absent: Gleason. 0-nay; 0-abstained. Motion Carried.
Public Input
No members of the public offered any public input.
File No. Z-2024-03
Petitioner: Thomasz Lemiszka
Request for a Conditional Use Permit to allow an Open Sales Lot in conjunction with
Automotive Sales at 4719 W. Elm Street
Chairwoman Rockweiler opened the file at 5:32 p.m. Planner Sheriff stated that all publication
requirements have been met. Mr. Lemiszka was sworn in and explained he wants to open a used
car lot at 4719 W Elm. Planner Sheriff explained that this is proposed to go at the corner of Route
120 and Meadow Lane. It was approved previously in 2018 for the same use. They are proposing
to construct a fence on the property line which would encroach on the setback, but that is an
action for City Council. There are several other car dealerships nearby, so this use is in harmony
with the area, and Staff does not anticipate any adverse impacts to the property owners.
Automobiles would need to be stored on asphalt or concrete and not on the grass. The landscape
plan is shown but needs to be finalized with a couple of shrubs.
Commissioner Locke asked if they had other car dealership operations and the petitioner stated
this would be his first. He is not the property owner and expects to have 10-20 vehicles.
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April 17, 2024
Page 2
Commissioner Locke asked if the sign that exists would stay or be changed. The petitioner
explained that he would put up a sign, but the existing sign is not part of the property or anything
that he would be doing.
Chairwoman Rockweiler opened the public hearing for File Z-2024-03 at 5:37. With nobody
wishing to speak, the hearing was closed at 5:37 p.m. All board members agreed that they
had no issues with the request, and with similar uses nearby and having this use being
previously approved at this location, there were no objections.
A motion was made by Commissioner Locke and seconded by Commissioner Riley to
recommend approval of the Petitioner’s request for a Conditional Use Permit to allow an Open
Sales Lot in conjunction with automotive sales at the Subject Property, subject to the following
conditions:
1. The Property Owner shall maintain the display area in a neat and orderly manner as
determined by the Zoning Administrator.
2. The display of motor vehicles shall be kept on a grass-free and paved asphalt or concrete
surface.
3. The display of motor vehicles shall be prohibited in the Right-of-Way.
4. The Property Owner shall submit a landscape plan in conformance with the City of McHenry
Landscape Ordinance as determined by the Zoning Administrator.
AND by making said motion, I agree that the approval criteria for Conditional Uses have been met
as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Rockweiler, Locke, Davis,
Bremer, Riley, and Lehman. 1-absent: Gleason. 0-nay; 0-abstained. Motion Carried.
File Z-2024-03 was closed at 5:39 p.m.
File No. Z-2024-06
Petitioner: Pastor Kurt Gamlin of First United Methodist Church
Request for a Conditional Use Permit to allow an Assembly Use (Church/Banquet Facility),
Use Variations to allow rental storage space (mini-warehouse), commercial office and kitchen
space, and any Zoning Variations Necessary to Accommodate the existing Principal and
Accessory Structures
Chairwoman Rockweiler opened the file at 5:39 p.m. Planner Sheriff stated that all
publication requirements have been met. Pastor Gamlin and Lynn Schnelker were sworn in.
Ms. Schnelker stated that the church has been around as long as the City, and they are just
trying to bring things up to date. Planner Sheriff stated that the church predates the City of
McHenry and the zoning ordinances. They are requesting additional abilities to get more
funding sources for the church. They are looking to allow rental storage within the church
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April 17, 2024
Page 3
structure itself. They also already have a kitchen, so operating a commercial kitchen should
not cause any adverse impacts to the area. Given the longevity of the use, Staff has no
objections to the request subject to the conditions of approval.
Chairwoman Rockweiler asked if providing rental storage would impact the functions of the
usage of a church. It was explained that this use variance would only allow the storage if the
church was being used as a church.
The public hearing for file Z-2024-06 was opened at 5:45 p.m. With nobody wishing to speak,
the hearing was closed at 5:45 p.m. No members of the Planning & Zoning Commission had
any issues with the request.
A motion was made by Commissioner Lehman and seconded by Commissioner Locke to
recommend approval of the Petitioner’s request for a Conditional Use Permit to allow an
assembly use for the operation of a church/banquet facility. AND by making said motion, I
agree that the approval criteria for Conditional Uses have been met as outlined in the staff
report.
Roll Call Vote: 6-ayes: Commissioners Rockweiler, Locke, Davis, Bremer, Riley, and Lehman.
1-absent: Gleason. 0-nay; 0-abstained. Motion Carried.
A motion was made by Commissioner Davis and seconded by Commissioner Riley to
recommend approval of the Petitioner’s request for a Use Variation to allow rental storage
space (mini warehouse), and commercial office and kitchen space subject to the following
conditions:
1. The use of the property for rental storage space (mini-warehouse), and commercial office
and kitchen space shall remain ancillary to the principal use of the property as an assembly
use.
2. The use of the property for rental storage space (mini-warehouse) shall be limited to the
principal church structure. No outdoor storage shall be permitted.
3. All commercial deliveries servicing said commercial uses shall be conducted in the south
parking lot.
And by making said motion, I agree that the approval criteria for Use Variances have been met
as outlined in the staff report.
Roll Call Vote: 6-ayes: Commissioners Rockweiler, Locke, Davis, Bremer, Riley, and Lehman.
1-absent: Gleason. 0-nay; 0-abstained. Motion Carried.
A motion was made by Commissioner Locke and seconded by Commissioner Lehman to
recommend approval of the petitioner’s request for any zoning variations necessary to
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April 17, 2024
Page 4
accommodate the existing principal and accessory structures AND by making said motion, I
agree that the approval criteria for Variances have been met as outlined in the staff report.
Roll Call Vote: 6-ayes: Commissioners Rockweiler, Locke, Davis, Bremer, Riley, and Lehman.
1-absent: Gleason. 0-nay; 0-abstained. Motion Carried.
File Z-2024-06 was closed at 5:49 p.m.
File No. Z-2024-05
Petitioner: Vantage McHenry Holdings LLC
Request for a Use Variance to allow the Outdoor Storage of Automobiles, Recreational
Vehicles, Trailers, and Equipment as the Principal Use
Chairwoman Rockweiler opened the file at 5:49 p.m. Nate Wynsma was present and sworn
in. Planner Sheriff stated that all public hearing requirements were met. Mr. Wynsma
explained that they own a parcel of land south of the Fox River Shops, south of Diamond
Drive. The area is proposed near the former Route 53 bypass right-of-way. There are 25.5
acres, much of which is wooded and wetlands. The area that is primarily farmed is the part
that is being proposed for development. The variance would allow them to have a storage
facility that is professionally operated. They would develop less than 30% of the property
and keep the rest natural. They have easements for the existing paved area to get to their
property. They would preserve the wetlands, run a professional operation, and have an
automated and gated electronic entry, and it would be secured, surrounded by fence, and
well lit. They intend to cater primarily to businesses for trucks, equipment, RVs, boats, and
trailers. There would be no short-term use with all long-term leases and no overnight
stays.
Planner Sheriff stated that the use variation is for outdoor storage. Staff visited the site and
noted that the storage area would be mostly farmed land. He took a picture from the
existing townhomes, and they can’t even see the farmed area due to it being heavily
wooded. With the natural separation, Staff does not anticipate any adverse impacts on the
townhomes. Included in the conditions of approval is that they must maintain the natural
screening of the site or some type of appropriate substitution.
Commissioner Locke asked if they would use an asphalt pad. Mr. Wynsma explained that it
would be a hard surface of recycled asphalt that is striped. Commissioner Locke stated he
was concerned about runoff. It was explained that this will be handled through the final
engineering with surveys and plans to d=help drain it. It generally runs south and east
towards the wetlands. It is naturally sloped. If needed, they would incorporate storm
basins that would hold a certain volume and would clean the runoff before being
discharged. Mr. Locke asked what the heavy equipment consisted of. It was explained that
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April 17, 2024
Page 5
this would be similar to trucks that Asplundh has. Many companies have trucks that drivers
can’t take at home at night and park in subdivisions. They hope to cater to similar fleet
companies.
Chairwoman Rockweiler opened the public hearing at 5:59 p.m. With nobody wishing to
speak, the public hearing was closed at 5:59 p.m.
Commissioner Riley stated that he had no worries about the request. Commissioner Davis
asked if storage containers would be the primary storage. It was explained that vehicles
would be primarily stored there but some containers might be mixed in. Commissioner
Bremer asked if people traveling with motor homes would stay there with the overnight
trucking. It was explained that there can be no overnight sleeping. The motorhomes that
would be parked there would belong to RV businesses and not individuals. Commissioners
Lehman and Locke had no problem with the request.
A motion was made by Commissioner Lehman and seconded by Commissioner Davis to
recommend approval of the Petitioner’s request for a Use Variation to allow the Outdoor
Storage of Automobiles, Recreational Vehicles, Trailers, and Equipment as the Principal Use
of the Subject Property, subject to the following conditions:
1. The Property Owner shall be required to maintain the natural landscape screening
surrounding the 7-acre project area to the greatest extent possible or screen the project
area from view with an appropriate substitute as determined by the Zoning Administrator.
2. All development on site shall be in substantial conformance with the submitted plans.
AND by making said motion, you agree that the approval criteria for Use Variances have
been met as outlined in the staff report.
Roll Call Vote: 6-ayes: Commissioners Rockweiler, Locke, Davis, Bremer, Riley, and Lehman.
1-absent: Gleason. 0-nay; 0-abstained. Motion Carried.
File Z-2024-05 was closed at 6:03 p.m.
File No. Z-2024-07
Petitioner: VFW Veterans Club Inc.
Request for a Conditional Use Permit to allow Outdoor Amusement and Live
Entertainment in conjunction with the operation of an Outdoor Amphitheater/Pavilion
Commissioner Riley excused himself from the dais, joined the public seating area, and refrained
from participating in the discussion to avoid a conflict of interest. Chairwoman Rockweiler
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April 17, 2024
Page 6
opened the file at 6:03 p.m. Ben Keefe and Mike Miller were present to represent the
petitioner and were both sworn in. City Planner Sheriff stated that all public notice
requirements have been met.
Mr. Keefe explained that they would like to build a pavilion for outdoor entertainment. Planner
Sheriff stated that some things to consider is that without setting limitations, the conditional
use permit would allow them to use the pavilion however and whenever they wanted.
Typically, the Commission would discuss what hours should be allowed for different days of the
week and the location of sound amplification devices. Other things to consider would be if
security should be required when alcohol is served. The City’s comprehensive plan recommends
keeping this type of activity away from a residential area. Being next to a residential area, this
would not comply with the comprehensive plan. This would support tourism, which does keep
in harmony with the comprehensive plan. The type of impact on the adjacent property owners
should be considered and if the positives outweigh the negatives.
Commissioner Davis asked where the placement of speakers would be. It was explained that
the speakers would be on the stage or directly in front of the stage and not remote. This would
be similar to what is at Veterans Park. Chairwoman Rockweiler asked where the audience
would sit. It was explained that the people watching the performance would sit in the outfield
in chairs or on blankets. Commissioner Davis asked about the number of parking spaces
available. Planner Sheriff explained that a requirement is to have 25% of parking spaces
available based on occupancy. If the maximum number of spectators would be 1,000, they
would be required to have 250 parking spaces. The VFW currently has 325 parking spaces so
they will meet the City’s required minimum. It was also asked how this would work with the
baseball schedule. Mr. Keefe explained that they would schedule around baseball games.
Events would not be held when any baseball games are scheduled on any fields.
Commissioner Locke asked how many events they have planned. Mr. Keefe explained that they
don’t have events planned yet because it would take a year to build the structure and they
can’t schedule anything until they have approval, and it is built. The realistically anticipate
having 15-20 events in an entire year. Restrooms are available near the baseball field and
would initially be supplemented with portable restrooms, but if successful, the existing
restrooms would be expanded. Commissioner Locke also asked how security would be handled.
Mr. Keefe stated that he would like to use the McHenry Police Department for security.
Director Polerecky explained that it is not possible to hire them out as private security.
A discussion ensued regarding the hours of operation and the existing noise restrictions on
current businesses doing live entertainment. Planner Sheriff explained that Buddyz has a
conditional use permit and must stop music by 10:00 p.m. on weekends. DC Cobbs is limited by
the nuisance ordinance, which means nothing can be heard past 50 feet of the property line
after 11:00 p.m.
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April 17, 2024
Page 7
The conceptual drawings were shown and discussed in relation to how the sound would carry.
Mr. Keefe stated that they would probably only have one concert on one night of the week but
would not want to interfere with the Thursday concerts at Pearl Street. Chairwoman
Rockweiler stated her concern for how this would interfere with baseball. Commissioner
Bremer asked if there was a way the Commission could protect baseball, and Planner Sheriff
stated that the property is owned by the VFW and they have the ability to stop baseball
whether this passed or not.
Chairwoman Rockweiler opened the public hearing portion of the meeting at 6:23 p.m.
Kurt Thomas was sworn in. He stated that he lives along side the baseball field and explained
that karaoke already is a nuisance. He also does not have a fence but only a row of trees. There
is not enough parking, and he worries that outhouses would be right outside his backyard.
Planner Sheriff stated that the neighborhood is about 550 feet from the proposed structure,
but that Mr. Thomas lives in the opposite side of the VFW and that the pavilion is nowhere near
his home. Mr. Thomas then dropped his objections to the proposal.
Linnea Thennes was sworn in. She stated that she has been neighbors with the VFW for 40
years and has enjoyed it. She loves seeing the baseball and some of the acoustic sound from
the patio. She admires what the VFW has been able to accomplish so far. She lived through the
Queen of Hearts and was ok with that because it was only temporary. She believes there needs
to be more consideration for those living nearby and hopes to continue to enjoy being
neighbors with the VFW.
Annie Shulfer was sworn in. She has been living near the VFW for 31 years. Her kids grew up
playing baseball and has had the VFW as a backyard. With only 22 weekends a year and only 52
weeks a year, by the time you subtract the winter months, it appears that every nice weekend
will have concerts. They already can’t have their windows open due to the noise. She has
nothing against the VFW and believes in supporting them but does not see how this would
support veterans and the community. McHenry does not need another place for people to get
drunk, and people already fight with their wives and pee outside her window. She hopes they
can find somewhere else to build this.
Jeff Shulfer was sworn in. He stated that he is not a sound expert but thinks the pavilion will
throw sound directly at their home. The karaoke is already too loud, and he hopes they can find
a better use for their money.
Leslie Freund was sworn in. She worries about the noise and traffic issues. She lives next to the
side road going to the VFW. The traffic at night and weekends is already bad. Traffic needs to be
addressed.
Angie Imlah was sworn in. She doesn’t live near the VFW or baseball fields, but her kids grew up
on those fields. She came tonight to see the intention and make sure it does not impact the
baseball organization. She feels sorry for the neighbors and appreciates that the kids get to play
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April 17, 2024
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there. She worries that even thought the VFW intends to work with the baseball organization,
there are only so many days and nights to schedule games, especially with rainouts. She also
fears that the field will be damaged, and an agreement needs to be made to maintain those
fields.
Dan Trujillo was sworn in. He expressed his concerns for what could happen with the traffic.
The roads get backed up and when not backed up people fly down the roads. They try to yell at
traffic to slow the cars down.
Chairwoman Rockweiler closed the public hearing at 6:45 p.m.
Mr. Keefe explained that the property for the VFW was purchased in the 1940s to provide
baseball for the community. They have members in their organization who played as children in
the ‘50s. Baseball is a big part of who they are, and they do not intend to disrupt baseball in any
way. They want to make improvements to the fields and want to strengthen the program.
Regarding security, the VFW has some members who have volunteered to do security, and they
intend to get that figured out. Regardless of this moving forward, he intends to look into the
people using the restroom near homes. They want to be good neighbors and will do what is
necessary.
Commissioner Locke does not see an issue with the VFW’s request as they seem willing to work
with the baseball program. Commissioner Leham does not have an issue with the request as
long as they abide by the time restrictions. Commissioner Bremmer would like to implement
time modifications to the conditional use. She also wants to have a condition that makes them
provide support for the traffic. After discussion, it was decided that they would add a condition
that the property owner must install a City approved traffic calming device. A long discussion
ensued regarding restrictions on the days and times for concerts. A motion was made by
Commissioner Bremer and seconded by Commissioner Lehman to recess the meeting at 7:28
p.m.
Chairwoman Rockweiler reconvened the meeting at 7:41. The following members were
present: Rockweiler, Locke, Davis, Bremer, and Lehman. Commissioner Riley remained in
the room but not as present for board purposes and not part of the discussion.
A motion was made by Commissioner Lehman and seconded by Commissioner Locke to
recommend approval of the Petitioner’s request for a Conditional Use Permit to allow Outdoor
Amusement and Live Entertainment in conjunction with the operation of an outdoor
amphitheater/pavilion, subject to the following conditions:
1. The property owner shall provide on-site security to police music-related events.
2. Music Related Events:
o Events with sound amplification devices shall be limited to Fridays from 5:00
p.m. – 11:00 p.m. and Saturdays from 9:00 a.m. – 11:00 p.m.
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April 17, 2024
Page 9
o Events without sound amplification devices (acoustic only) shall be limited
Monday-Thursday from 5:00 p.m. to 10:00 p.m. and Friday-Sunday from 9:00
a.m. to 11:00 p.m.
3. Non-Music Related Events:
o Non-Music events utilizing the amphitheater may include the use of a sound
amplification device for non-music related activities.
4. The event space shall be maintained in a neat an orderly manner and be cleared of
debris and refuse within 24 hours after an event. Refuse containers shall be evenly
dispersed throughout amphitheater area.
5. All sound amplification devices shall be located on or adjacent to the pavilion.
6. The Property Owner shall install traffic calming device(s) and signage to be approved at
the discretion of the Zoning Administrator.
Roll Call Vote: 6-ayes: Commissioners Rockweiler, Locke, Davis, Bremer, and Lehman. 1-
absent: Gleason. 0-nay; 1-abstained: Riley. Motion Carried.
File Z-2004-07 was closed at 7:48 p.m.
Commissioner Riely rejoined the dais at 7:48 p.m.
Open Discussion: Chairwoman Rockweiler stated that Planner Sheriff visited the high
school and discussed the work he does with the government classes. She was also a guest
speaker for how local residents can get involved in local government. Commissioner
Bremer will be at the high school tomorrow for an expo.
Staff Report: Planner Sheriff explained that there are three items already on the agenda for the
next meeting. A drive through will be proposed for the Park Plaza near Jimanos. This will be for
a restaurant use for a future tenant. A zoning map amendment will be coming for a property on
Waukegan Road. Cunat also wants a use variation to have a leasing office at Patriot Estates.
The comprehensive plan is still being worked on by the consultants.
Adjourn: A motion was made by Commissioner Bremer and seconded by Commissioner
Lehman to adjourn the meeting at 7:53 p.m. Voice Vote: 6-ayes: Commissioners Rockweiler,
Locke, Davis, Bremer, Riley, and Lehman. 1-absent: Gleason. 0-nay; 0-abstained. Motion
Carried.