HomeMy WebLinkAboutMinutes - 7/17/2024 - Planning and Zoning CommissionCity 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.