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HomeMy WebLinkAboutPacket - 11/20/2024 - Planning and Zoning Commission The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. PLANNING & ZONING COMMISSION REGULAR MEETING NOTICE DATE: Wednesday, November 20, 2024 TIME: 5:30 p.m. PLACE: City Council Chambers, City Hall. 333 S Green Street, McHenry, IL 60050 AGENDA 1. Call to Order 2. Roll Call 3. Approval of the Agenda 4. Consideration of Approval of the Meeting Minutes: July 17, 2024 & October 23, 2024 5. Approval of the Planning & Zoning Commission Regular Meeting Schedule for 2025 6. Public Input – (five minutes total on non-agenda items only) 7. Z-2024-20 A public hearing for consideration of a request for a Use Variance to allow a Contractor’s Office at 3318 Pearl Street. Petitioner: Matt Johnson 8. Staff Report: Next Meeting Date: December 18, 2024 9. Adjourn City of McHenry Planning and Zoning Commission Minutes July 17, 2024 Chairwoman Rockweiler called the July 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, Riley, Bremer, Gleason, Lehman, and Beattie. Also in attendance were City Planner Cody Sheriff, Director of Community Development Ross Polerecky, and Deputy City Clerk Monte Johnson. Approval of the Agenda: Members of the Commission unanimously approved the agenda via voice vote. Approval of Minutes: Approval of the May 15, 2024, regular meeting minutes as presented. A motion was made by Commissioner Bremer and seconded by Commissioner Gleason for approval as presented. Voice Vote: 7-ayes: Commissioners Rockweiler, Locke, Gleason, Bremer, Riley, Lehman, Beattie. Motion Carried. Public Input No members of the public offered any public input. File No. Z-2024-13 Petitioner: Lazychimp.com Inc. Request for a Conditional Use Permit to allow an Open Sales Lot in conjunction with the operation of a Used Car Dealership and Zoning Variations to accommodate the existing principal structure at the property located at 3111 W IL-120 Chairwoman Rockweiler opened the file at 5:31 p.m. Planner Sheriff stated that the petitioner did comply with all public notice requirements. Tariq Khan was present representing Lazychimp and was sworn in. He explained that they are a small company and are excited to be in McHenry. They plan to rehab the building which has been vacant for a long time. A picture was shown that gave an idea of the future rendering. Planner Sherrif read the staff report. A Conditional Use Permit would be required for an open sales lot for the car dealership. One condition would be for upkeep of the display area. The request is in compliance with the future land use map, and another car dealership is close by, so this would keep in harmony with the area. No members of the Commission had questions for the applicant. Chairwoman Rockweiler opened the public hearing at 5:34 p.m. With nobody wishing to speak, she closed the public hearing at 5:35 p.m. Planning and Zoning Commission July 17, 2024 Page 2 Commissioners Bremer, Gleason, and Lehman all believe this is a good use for the property and noted that it is near another car dealership. They are glad the vacant land is going to be used. Commissioner Locke noted that this is the third car dealership in the last three meetings that has come before the Commission. In the future he would like to see consideration being made for larger lot sizes. Commissioners Riley, Beattie, and Chairwoman Rockweiler agree with the others, and have no issues with the request. A motion was made by Commissioner Lehman and seconded by Commissioner Bremer 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, they agree that the approval criteria for Conditional Uses have been met as outlined in the staff report. Roll Call Vote: 7-ayes: Bremer, Locke, Rockweiler, Riley, Gleason, Lehman, Beattie. Motion Carried. A motion was made by Commissioner Bremer and seconded by Commissioner Riley to recommend approval of the petitioner’s request for a zoning variation to allow a corner side yard setback of 19.3’ in lieu of the minimum required 30’ to accommodate the existing principal structure. AND by making said motion, they agree with staff’s assessment as outlined in the staff report and that the approval criteria for Variances have been met. Roll Call Vote: 7-ayes: Bremer, Locke, Rockweiler, Riley, Gleason, Lehman, Beattie. Motion Carried. File Z-2024-13 was closed at 5:39 p.m. File No. Z-2024-14 Petitioner: Light House Church Assembly of God NFP Request for a Conditional Use Permit to allow an Assembly Use at the property located at 4100 Shamrock Lane Planning and Zoning Commission July 17, 2024 Page 3 Chairwoman Rockweiler opened the file at 5:40 p.m. Commissioners Bremer and Gleason both recused themselves due to their financial interest in relation to the request. Mark Saladin and Neil Lindwall were both sworn in by Chairwoman Rockweiler. Mr. Saladin explained that he is working with the church to purchase this exciting property. The property was previously used as the Shah Center by the McHenry County College. Pastor Lindwall gave the history of the Church, dating back to 2005 when they used the old McHenry Downtown Theater. They are celebrating their 20th anniversary next year and hope to do it at the new location where they can serve more people and do more for the community. The church employs one full-time employee, two part-time employees, and several volunteers. A typical week would have a Sunday morning average attendance of 242 people divided between two morning services at 9:00 a.m. and 11:00 a.m. There is a Tuesday women’s small study group, Wednesday night ministries for pre-K through high school with about 150 in attendance, and a Thursday night men’s group with about 60 in attendance. Planner Sheriff read the Staff Report, explaining the property was first a hotel in 1986, then used as a campus for a bible school, and finally used as the McHenry County College as the Shah Center. They would be limited to the “per person capacity” based on the number of parking spaces. Staff has no objections to the use and does not see an adverse impact on the surrounding property owners. Chairwoman Rockweiler asked if they would ever reach the capacity, which is about 1000 people, and Pastor Lindwall stated that he can’t see them ever being that busy. Commissioner Riley asked what the plans for the solar farm would be, and Pastor Lindwall stated that it is still operational, outputting 100%, and will stay in operation. Chairwoman Rockweiler opened the public hearing portion of the meeting at 5:49 p.m. With no members of the public wishing to speak, the public hearing was closed at 5:49 p.m. A motion was made by Commissioner Lehman and seconded by Commissioner Riley to recommend approval of the Petitioner’s request for a Conditional Use Permit to allow an assembly use on the Subject Property, and by making said motion, they agree that the approval criteria for Conditional Uses have been met as outlined in the staff report. Roll Call Vote: 5-ayes: Locke, Rockweiler, Riley, Lehman, Beattie. Members Bremer and Gleason had recused themselves from the entire discussion and vote. Motion Carried. File Z-2024-14 was closed at 5:50 p.m. File No. Z-2024-15 Petitioner: Kyriakos Kopley (Riverside I LLC) Request for a Use Variance to allow Outdoor Live Entertainment at the property located at 1401 N Riverside Drive Planning and Zoning Commission July 17, 2024 Page 4 Chairwoman Rockweiler opened the file at 5:52 p.m. John Sellas, representing the petitioner, was sworn in. Mr. Sellas explained that the Courthouse is looking to increase revenue and would like to have live music on the weekends. They are not looking to do live music every weekend and may only do this twice a month. They would like to bring more people to that area of town, and the acoustic sets have been going well inside. They had a food fest last month and that worked out tremendously. They understand that there are residents behind them. They believe they need to go until 11:00 p.m. as some people don’t show up until 9:30 p.m. Planner Sheriff stated that all public notice requirements were met. The City does not allow outdoor entertainment as a permitted use. They are on the outskirts of the downtown, and Staff has concerns that it is next to a residential area. The petition is broad, and technically they could operate every weekend if approved. Thursday night band concerts are from about 7:00-8:30 p.m. one day a week. It is up to the Commission to outweigh the positive impacts with the negative. Staff has included different options for sound with or without amplification devices, much like the VFW petition. Commissioner Lehman stated that he visited the area with outdoor music, and it wasn’t terribly loud. He asked how the setup would be, and the petition showed site plan with a stage set up at an angle. The entire setup, including the stage, would be removable. Commissioner Locke stated that he wants to see many people visit the downtown. He is agreeable to this, the way it is set up, and allowed for one year. Depending on how the community reacts to this and the noise complaints, then we could come back after a year and make it more permanent. Chairwoman Rockweiler asked for clarification of the setup. Mr. Sellas stated that the parking lot is closed off and exit points are on Riverside Drive. With Miller Point Park already having music on Sundays, he envisions these concerts being held on Saturdays depending on the other scheduled events. Commissioner Bremer stated that she has concerns with Smith Central Garage and if these concerts could affect weddings. Commissioner Gleason asked what types of music would be played, and Mr. Sellas stated that it would mostly be 70s, 80s, and 90s music with no heavy metal. Chairwoman Rockweiler opened the public hearing portion of the meeting at 6:07 p.m. Kym Belyaev was sworn in. She stated that she is incredibly lucky to live at 1407 Riverside and loves what his happening in the neighborhood. However, the noise coming from 1401 Riverside is deafening. They are unable to have a conversation in the back yard, and the kids can’t sleep on the second floor. They have asked them to turn down the bass the first night they had music, but they turned it up. It is so loud they can’t listen to the TV. Phil Belyaev was sworn in by Chairwoman Rockweiler. He stated he has lived there for 25 years and loves what they are don gin the downtown. He means no ill-will towards the Courthouse and that the establishment looks great. The noise is bad, they have a clear line of sight to the music, and the stage is already set up. Having acoustic on the patio would be better, but what they are already doing is too loud. The site plan showing the proposed Planning and Zoning Commission July 17, 2024 Page 5 stage has already been used. The petition is asking for 6 months out of the year for 20 hours a weekend. Obtaining an occasional permit might work but giving them a blank check to do concerts is not a good idea. He disagrees with the Staff Report. The comparisons to the Pearl Street Market do not hold water. That is a gathering place for resident of the City, a public area, and the music is not very loud even when using amplification. The Courthouse is purely a commercial venture and is for-profit. The noise level does not compare. The Courthouse is like having Summerfest in McHenry and has already caused a disruption of sleep. He strongly urges that no variance be granted for amplified music, as there is no way to direct the sound to keep it from being a nuisance. Planner Sheriff noted that the Courthouse was granted a one-time permit for an event, and Director Polerecky stated that the have had outdoor acoustic music. Mr. Belyaev stated that the music has been amplified more than one time, and it was on the patio as well. Lexi Belyaev was sworn in by Chairwoman Rockweiler. She stated that her room is on the second floor and when music is played, it is so loud that they are unable to sleep. Zach Belyaev was sworn in by Chairwoman Rockweiler. He also stated that he is on the second floor of his house. The privacy fence that is 8-foot tall doesn’t help keep sound out of the second floor. He had to turn up the TV to be able to hear it. He noted that the Courthouse is proving their lack of good faith by playing amplified music that should have been acoustic. Chairwoman Rockweiler closed the public hearing at 6:18 p.m. Mr. Sellas responded that when they first started the venture, they wanted to bring people to the downtown area of McHenry. Having live music does help bring people downtown. The concerts on Saturday now stop outdoors at 10:00 p.m. He would be wiling to look at something to abate the noise and put up behind the stage. He doesn’t believe the concerts at the Courthouse only help them but also helps the entire downtown area. Commissioner Bremer asked Ms. Belyaev to come back to the podium for a question. Commissioner Bremer asked to state times they have heard the concerts. Ms. Belyaev explained that the concerts don’t currently stop at 10:00 p.m. They have had acoustic music play until 11:00 p.m. The Facebook post for the event stated that the concert was to stop at 9:00 p.m., but it played until 11:00 p.m. The children could not sleep until 11:00 p.m., and that music is still playing on the radio outside until 12:00 midnight. Commissioner Bremer asked if the water from the Fox River could be making the sound amplify, and Planner Sheriff and Director Polerecky were positive that this was not the issue. Commissioner Bremer is not for the proposal if it is already disrupting the second floor of the neighbors. She may agree to a once a month permitted event. Commissioner Gleason agrees with Commissioner Bremer. As it is written, a concert could happen every weekend from May through Halloween. He likes seeing people in the downtown but would Planning and Zoning Commission July 17, 2024 Page 6 prefer to see it permitted a few times a year. Commissioner Lehman asked if the Commission had the ability to put restrictions on special events, and Planner Sheriff stated that the Commission could put restrictions on those because what they are proposing would need a use variance. Commissioner Locke explained that the Courthouse spent a lot of time rebuilding the facility, and the dining and entertainment facilities are important to get their investment back and he would like to give them a year as they have proposed and then revisit the issue. He wants them to be profitable and the investment speaks for itself. Once a year is over, we could see if they have been a good neighbor, and we could then put restrictions on them. He also felt that we put too many restrictions on the VFW, which is a nonprofit organization and does good things for the City. Commissioner Lehman stated that he was for approving this as submitted and revisiting it after this year. He asked the petitioner if they would be ok with ending the music at 10:00 p.m., but Mr. Sellas would like it to go until 11:00 p.m. to bring more people in. Commissioner Beattie agreed that we would like to bring people to the downtown but doesn’t want this to be harmful to the residents. He would be fine with this happening one time a month but is against the petition as stated. Commissioner Riley wants a balance of helping businesses and protecting the residents. He could support one concert a month on a Friday or Saturday but has concerns in general about amplified music near a residential area. Commissioner Bremer also agreed that one concert a month would be acceptable. She hopes the business can find more things to do inside to draw more revenue or have acoustic acts outside or bar games or leagues that wouldn’t affect the residents. Chairwoman Rockweiler asked the Commission how they felt about concerts without amplification. Planner Sheriff stated that they have the ability to do concerts with acoustic only but must meet the sound ordinance. For the use variance, the Commission must be specific. Commissioner Locke stated that he does not want to do a disservice that the business will suffer consequences if we try to pare back the conditions. Commissioner Bremer stated that the Courthouse started the business without these concert approvals, and that she would not want to live near that venue with that many concerts. Commission members did a straw poll to see how many concerts each Commissioner would be comfortable with, and it was agreed that they would allow only one concert a month with amplification, but they could keep acoustic concerts as stated in the proposal. A motion was made by Commissioner Riley and seconded by Commissioner Lehman to recommend approval of the Petitioner’s request for a Use Variation to allow an Outdoor Live Entertainment on the Subject Property, subject to the following conditions: 1. Outdoor Live Entertainment with sound amplification devices shall be limited as follows: Planning and Zoning Commission July 17, 2024 Page 7 A. Month(s): May - October B. Day(s) of the Week & time(s): 1. Friday: 6PM-11PM 2. Saturday: 1PM-11PM 3. Sunday: 1PM-6PM C. Frequency: One day per month. D. Administration: The Property Owner shall be required to notify the Community Development Department in writing at least 48 hours in advance. 2. Outdoor Live Entertainment without amplification devices (acoustic only) shall be limited as follows: A. Month(s): May - October B. Day(s) of the Week & time(s): 1. Friday: 6PM-11PM 2. Saturday: 1PM-11PM 3. Sunday: 1PM-6PM 3. The event space shall be maintained in a neat and orderly manner and be cleared of debris and refuse within 24 hours after an event. 4. 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: 7-ayes: Bremer, Locke, Rockweiler, Riley, Gleason, Lehman, Beattie. Motion Carried. File Z-2024-15 was closed at 7:06 p.m. Open Discussion: Commissioner Locke stated that there has been zoning granted to certain projects in the City, but nothing was included in the documents for a start date for those projects He is concerned that a large project could sit empty and then offered to another entity. He would like to see a start date added to the conversation. Planner Sheriff stated that a Conditional Use Permit has a one-year timeframe to be established, and the Council has the option to revoke the CUP for that reason. Commissioner Locke also noted that we have had small car lots being approved, and the City can now look like “cars and bars”. He is not against commerce but does not want to see a line of car lots. The only way to get larger car lots is to require the larger lot sizes. Planner Sheriff stated that he believes these smaller car lots are a phenomenon that is probably temporary, and that the market should correct itself on its own. He also noted that these lots are undesirable and at least they are getting the lots cleaned up. He noted that the City is struggling to attract good uses for the out lots on Route 120. There aren’t too many commercial businesses that can take advantage of a lot that size. Planning and Zoning Commission July 17, 2024 Page 8 Staff Report: Planner Sheriff gave each Commission member a draft of the Comprehensive Plan and Downtown Plan. We are planning a public hearing on the plans on August 21st. Comments by Commission members regarding the plans need to be submitted by August 15, 2024. The issue of food trucks may be coming back to Council. Director Polerecky noted that Uhaul has moved many of their large trucks from their property near the highway. They are still waiting on IDOT to sign the plat. The Redwood project near Route 120 and Chapel Hill Road appears to be moving forward. Adjourn: A motion was made by Commissioner Locke and seconded by Commissioner Bremer to adjourn the meeting at 7:19 p.m. Voice Vote: 7-ayes: Bremer, Locke, Rockweiler, Riley, Gleason, Lehman, Beattie. Motion Carried. 1 City of McHenry Planning and Zoning Commission Minutes Wednesday, October 23, 2024 Call to Order: Chairwoman Rockweiler called the October 23, 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, Riley, Bremer, Gleason, Lehman, and Beattie. Also in attendance were City Planner Cody Sheriff, Director of Community Development Ross Polerecky, and City Clerk Trisha Ramel who was in for Deputy Clerk, Monte Johnson’s absence. Approval of the Agenda: Members of the Commission unanimously approved the agenda via voice vote. Public Input: There was no public input at this time. File No. Z-2024-17 Petitioner: Petitioner: 1860 Richmond Road LLC. Et Al. A request for a Use Variance to allow an expansion of the existing self-storage facility/mini- warehouse at 1860 N Richmond Road. Chairwoman Rockweiler opened the file at 5:30 p.m. Petitioner was present and complied with public notice requirements. Chairwoman Rockweiler swore in Petitioner Steven Schwartz. He was here today for use expansion and helped facilitate the out-lot with Popeyes etc. He was very proud of the development and the building and the climate control at the storage facility done quite well and wanted to take the opportunity to expand. Steven also walked through a presentation for ExtraSpace Storage. Included the existing acres that were available as well. The overall shopping center was presented along with the rest of the details. Additional climate control was outlined with the proposed expansion and the future components were outlined during the presentation. The portable high-quality connected units were displayed during the presentation, they will help keep out the weather as well. Elevations of the out-lot were also shared. City Planner Sheriff gave the staff report remarking that it was consistent with the current comprehensive plan, will not affect the parking. Storage facilities generally have a low traffic use, overall it could not alter local character since it is already an existing storage facility. Also noted by the petitioner there will be no trucks. Planning & Zoning Commission October 23, 2024 Chairwoman Rockweiler asked if there were questions: Commissioner Locke wanted to know if it just extra spaced owned by the petitioner and it was confirmed. 54 parking spaces may be a little much that Commissioner Locke mentioned, wanted to understand the future expansion. The petitioner explained the use and where once again in the documentation. He also asked what the current occupancy is at it was confirmed that it is over 90% full. Commissioner Riley wanted to know from the City Planner Sheriff that there is a flow to the traffic, it may help with more direction of cars. Chairwoman Rockweiler opened the public hearing at 5:46 p.m. With nobody represented to speak it was closed at 5:46 p.m. Planning Commission discussion: Commissioner Riley likes the idea as well as Commissioner Beattie did not have any issues with it. Commissioner Gleason, Commissioner Bremer and Locke all agreed. The only point was the parking per the previous statement that Commissioner Locke had noted above. A motion was made by Commissioner Gleason and seconded by Commissioner Bremer to recommend approval of the Petitioner’s request for a Use Variance to allow an expansion of the existing self-storage facility/mini-warehouse at 1860 N Richmond Road. Roll Call vote: 7-ayes: Gleason, Bremer, Rockweiler, Locke, Lehman, Beattie. Motion carried. File No. Z-2024-17 was closed at 5:47 Planning & Zoning Commission October 23, 2024 File No. Z-2024-19 Petitioner: City of McHenry A Public Hearing for consideration of approval of a new Comprehensive Plan (Titled: “City of McHenry Vision 2050 Comprehensive Plan”) & Downtown Plan (Titled: “City of McHenry Vision 2050 Downtown Plan”) in accordance with the City of McHenry Zoning Ordinance. Chairwoman Rockweiler opened the file at 5:48 p.m. Chairwoman Rockweiler opened the Public Hearing at 6:29 p.m. Chairwoman Rockweiler swore in RJ Fitzgerald. Read through the plan and was very surprise about it. Traffic safety and road safety may need to have more solutions. Concerned about the intersections and speeding. The middle housing is also a concern because it is missing as well. Chairwoman Rockweiler closed the public hearing at 6:32 PM The petitioners stood before the council entitled Vision 2050/ Comprehensive Plan & Downtown Pan, and talked about a lasting legacy of what The City could look like in the future. This can help guide staff on the vision, which can also be used to achieve the plan as a staff etc. 5 phases were shared with the commissioners that did start last August, the Downtown Plan was covered as well. City Wide Plan Area Opportunities: Zoning update, Commercial Redevelopment, Mobility Improvements. Constraints: aging population, housing affordability, lack of housing diversity, and auto dependence were also outlined. Downtown Plan Area overview included: Opportunities for economic development, trail connections, neighborhood character, access to open spaces, and planned improvements. Constraints: traffic and parking, pedestrian Bike/Access, Major Infrastructure. Community Engagement: A total of about 2,899+ people were involved in the engagement. They were reached through pop-up events, surveys, newspapers, city social media, flyers, and more. Planning & Zoning Commission October 23, 2024 An engagement snapshot by age distribution was also shared with the commissioners to explain the population age and the project engagement delta. There was also a design workshop to help the community see what development types or ideas can be used, not just in a particular site. Community engagement themes: small town character, multi-generational, family orientation, connected, fiscally responsible. This is how the visions for The City and Downtown were created. Recommendations and steps were also outlined on page 100 where the matrix of these was listed for the commissioners to view which will also tie into the funding strategy as well. 1) Land Development Framework (character types) 2) Mobility Framework (road types/design function) 3) Annexation Priorities building from inside of the city outwards Community Engagement Themes were discussed following the strategies for those were also outlined in the packet for the Commissioners to view. Fiscally responsibility was a main concern, to do so looking at the existing infrastructure was explained and how that can help expand the future as this was also feedback from residents the petitioner had engaged with. The presentation concluded when the Petitioners asked if there were any questions from the Commissioners. Per the City Planner Sheriff stated that he is proud of the plan that has been presented, which outlines a clear picture of where to go. People want to walk and bike places which was a big mention from residents. Investment in other areas of the community such as the West side of town was also touched upon and was very happy how this plan turned out. Commissioner Locke wanted to know what the next step would be with zoning. It was confirmed by Director Polerecky that the comprehensive plan would go first, and then explained to the Commissioners the next steps within the process. Chairwoman Rockweiler stated this is impressive and likes the people-orientated approach to walking. Likes the weekend tourism ideas as well. The sections on loans and grants allow it to be a plan, stating that the work was phenomenal on it. Commissioner Gleason stated that he likes the plans and is proud of the changes in town and has brought guests here that say it is amazing. Planning & Zoning Commission October 23, 2024 Commissioner Bremer stated that she likes the idea of walking and getting to any place. Commissioner Beattie agrees with the walking everywhere and having a plan to walk or bike. A motion was made by Commissioner Lehman and seconded by Commissioner Locke to recommend consideration of approval of a new Comprehensive Plan (Titled: “City of McHenry Vision 2050 Comprehensive Plan”) & Downtown Plan (Titled: “City of McHenry Vision 2050 Downtown Plan”) in accordance with the City of McHenry Zoning Ordinance. Roll Call Vote: 7-ayes-Lehman, Locke, Rockweiler, Gleason, Bremer, Riley, Beattie. File Z-2024-19 was closed at: 6:32 p.m. Staff Report: City Planner Sheriff announced the next meeting date of November 20, 2024. Adjourn: A motion was made by Commissioner Lehman and seconded by Commissioner Locke to adjourn the meeting at 6:35 p.m. Voice vote: 7-ayes: Lehman, Locke, Rockweiler, Gleason, Bremer, Riley, Beattie. Motion carried. Planning & Zoning Commission 2025 Meeting Schedule Wednesday, January 15, 2025 Wednesday, February 19, 2025 Wednesday, March 19, 2025 Wednesday, April 16, 2025 Wednesday, May 21, 2025 Wednesday, June 18, 2025 Wednesday, July 16, 2025 Wednesday, August 20, 2025 Wednesday, September 17, 2025 Wednesday, October 15, 2025 Wednesday, November 19, 2025 Wednesday, December 17, 2025 All meetings shall take place at 5:30 p.m. at McHenry City Hall, City Council Chambers unless otherwise noted. Staff Report for the City of McHenry Planning & Zoning Commission Staff Comments The following comments and conclusions are based upon staff analysis and review prior to this hearing and are to be considered viable unless evidence is established to the contrary. Staff may have additional comments based upon the testimony presented during the public hearing. BACKGROUND & REQUEST SUMMARY The applicant, Matt Johnson, is requesting approval of a Use Variance to allow a Contractor’s Office in the Downtown Commercial District. The applicant is a licensed electrical contractor and would be utilizing the garage unit of the building (see image below) as an office and storage for his vehicle and equipment. The garage space was formerly utilized by the Bike Haven for repair work but was sold to Avant Cycles who no longer needed the space. It is currently used for a storage garage but the petitioner desires to add office space which would include bathroom facilities and all necessary commercial building code upgrades. CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of McHenry Zoning Ordinance STAFF ANALYSIS CURRENT LAND USE & ZONING The Subject Property is currently zoned C-4 Downtown Commercial District. As such, the Outdoor Storage of equipment and materials is prohibited. The petitioner will be required to store all materials and equipment in the garage unit. Additionally, there is no private parking located on site and all commercial vehicles would be required to be stored indoors overnight. The surrounding land use primarily consist of a mix of single-family and commercial use. The use of the property would primarily be for storage and therefore would be relatively low impact on the adjoining property owners. The building itself is uniquely designed to fit the needs of a commercial contractor’s office with large overhead doors and ceilings. FUTURE LAND USE MAP RECOMMENDATION The Vision 2050 Downtown Future Land Use Map recommends Downtown Mixed Use which is defined as an “….area [that] encompasses McHenry’s vibrant and walkable downtown. Neighborhood retail, multi-family residential, public open space, hotels and destination development are all appropriate here” (p. 59). The proposed contractor’s office is not consistent with the future land use map’s recommendation for destination commercial uses; however, it is not expressly prohibited either. VISION 2050 DOWNTOWN PLAN BIG IDEAS & GOALS Overall, staff believes the proposed development is somewhat consistent with the City’s Vision 2050 Downtown Plan. Staff comments italicized. • BIG IDEA – Responsible Growth: "Downtown McHenry values high-quality development for residents and businesses. This commitment has led to multiple public private partnerships and Downtown McHenry generates the highest tax revenue from both small businesses and mixed-use developments the year 2050." (p. 57) The proposed use of the property appears to be somewhat consistent with promoting responsible growth. The site is uniquely designed for a contractor’s office but the Downtown has also experienced its share of conversions of these garage spaces into art studios and banquet facilities. Located on the perimeter of the downtown, it could be argued that it is not located within a central business corridor such as Green Street, Main Street, or Riverside Drive and therefore may be more appropriate for a less intense use; however, Smith’s Central Garage (banquet facility) is located directly south of the subject property. It could also be argued that uses such as banquet facilities and restaurants do place a greater strain on limited parking and that not every location is appropriate for more intense uses. • Goal 2: Economic Resilience: “Plan development initiatives and investments that strengthen community’s economic capacity and capability to withstand uncertainties. Support unique local businesses and context-sensitive big box retail in appropriate locations. Promote activities that will increase tax revenues in the city.” (p. 57) Staff believes that approval of the request would be somewhat supportive of strengthening the community’s economic capacity by supporting a local business. • Definition – Downtown Mixed Use: “This area encompasses McHenry’s vibrant and walkable downtown. Neighborhood retail, multi-family residential, public open space, hotels and destination development are all appropriate here.” Staff believes the proposed use is somewhat consistent with promoting a mixed-use environment. Although contractor’s offices are not expressly prohibited, the Downtown Mixed-Use Area definition indicates that commercial development should encompass destination-style commercial businesses. SITE PLAN ANALYSIS • Parking. The site is located in the Downtown Commercial District and therefore there is no parking requirement. • Outdoor Storage. No outdoor storage is permitted within the C-4 Downtown Commercial District. Any commercial vehicles and equipment would need to be stored indoors. STAFF SUMMARY ANALYSIS. Staff’s analysis is based on the assumption of the adoption of the Vision 2050 Downtown Comprehensive Plan. • Staff believes the proposed use of the property as a Contractor’s Office is somewhat consistent with the Vision 2050 Future Land Use Map’s recommendation for Downtown Mixed Use. The City should strive to encompass a mix of uses in the area where appropriate. Staff believes the proposed location may be considered suitable for a contractor’s office given it’s a low impact use. • Although not a typical destination style use, staff believes it is desirable to have a mix of uses within the Downtown Area to allow less overall strain on public parking. Staff believes an argument could be made that approval of the request would be consistent with Big Idea – Responsible Growth. • The City has approved a contractor’s office in the C-4 Downtown Commercial District (Jett’s Heating & Air) however that was under the old Comprehensive Plan. The Commission should weigh whether the request meets the intent of the Comprehensive Plan for a Downtown Mixed-Use environment. Additionally, it may be unrealistic to assume that every use would be a destination style commercial development and the intent of the Comprehensive Plan is to entertain a variety of options with the goal of promoting destination style uses. If the Planning & Zoning Commission agrees with the petitioner’s request, then the following motion is recommended: MOTION: I motion/move to recommend approval of the Petitioner’s request for a Use Variation to allow a Contractor’s Office on the Subject Property. AND by making said motion, you agree that the approval criteria for Use Variances have been met as outlined in the staff report. APPROVAL CRITERIA FOR USE VARIANCES (§11-19-6) Comments of staff italicized below. A. Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings, the strict application of the provisions of this title relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. Staff believes that denial of the request could potentially be viewed as a hardship. The Subject Property is currently designed to be a large garage space making it suitable for a contractor’s office. Denial would require the Property Owner to convert the space which could require a large investment. B. Reasonable Return: The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in this title for the pertinent zoning district. The space was formerly utilized for bicycle repairs as part of a retail bike store but was discontinued and the internal space has been subdivided. The new use of the front portion of the building has no need for the garage space. It could be argued that it may be difficult to find a reasonable return if only permitted be used under the conditions allowed by regulations due to its configuration as a garage space. C. Unique Circumstance: Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. Staff believes the request is a unique circumstance related to the Subject Property since it is currently designed to be a garage space leaving it unlikely to be utilized as a more traditional retail use. D. Not Alter Local Character: The granting of the use variance will not alter the essential character of the locality, nor substantially impair environmental quality, property values or public safety or welfare in the vicinity. The Subject Property is already operating as a garage space. Allowing the use of the property for a contractor’s office would not significantly alter the local character. E. Consistent With Title And Comprehensive Plan: The granting of a use variance will be in harmony with the general purpose and intent of this title and of the Comprehensive Plan of the City. Staff believes the overall request is somewhat consistent with allowing a mix of uses in the Downtown Mixed-Use Environment. Attachments: 1) Petitioner’s Application and attachments. 2) Receipt of publication of legal notice. 3318 Pearl St Copyright County of McHenry 2024. All information is provided 'as-is' with no guarantee of accuracy, completeness, or currency. Page 1 of 1 SHAW MEDIA EST. 1851 PO BOX 250 CRYSTAL LAKE IL 60039-0250 (815)459-4040 ORDER CONFIRMATION (CONTINUED) Salesperson: BARBARA BEHRENS Printed at 10/31/24 10:48 by bbehr-sm ----------------------------------------------------------------------------- Acct #: 10069745 Ad #: 2204464 Status: New WHOLD WHOLD PUBLIC NOTICE PUBLIC HEARING NOTICE FILE Z-2024-20 Notice is hereby given that the City of McHenry Planning and Zoning Commission will hold a Public Hearing at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, at 5:30 P.M. on Wednesday, November 20, 2024 to consider an application by Matt Johnson of 612 Country Club Drive, McHenry, IL 60050 ("Applicant") on behalf of Pearl Street Holdings LLC of 5000 W. Elm Street, McHenry, IL 60050 ("Property Owner") for the following requests in accordance with the City of McHenry Zoning Ordinance: Request for a Use Variation to allow a contractor's office in the C-4 Downtown Commercial District. Location: The site consists of 0.200 acres, more or less, and is located on the northeast corner of the intersection of Pearl Street and Park Street with a common address of 3318 Pearl Street, Unit B ("Subject Property"). PIN: 09-26-431-006 The property is currently zoned: C-4 Downtown Commercial District A copy of the application is on file and may be examined during regular business hours in the Community Development Department, at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, and (815) 363-2170. An electronic copy of the application can be viewed on the City's website at www.cityofmchenry.org/ currentdevelopments. All interested parties will be given an opportunity to be heard. Published by order of the Planning and Zoning Commission, City of McHenry, McHenry County, Illinois. /s/ Stacy Rockweiler Chairwoman, Planning and Zoning Commission (Published in Northwest Herald November 2, 2024) 2204464