McHenry Times

City of McHenry Planning and Zoning Commission met Jan. 19.

Here are the minutes provided by the commission:

Chairwoman Rockweiler called the regular meeting of the City of McHenry Planning and Zoning Commission to order at 7:00 p.m. via Zoom web conferencing. In attendance were the following: Bremer, Davis, Lehman, Rockweiler, Smale, and Sobotta. Absent: None. Also in attendance were City Planner Cody Sheriff, Community Development Director Polerecky and Economic Development Coordinator Wolf.

Chairwoman Rockweiler opened the public comment portion of the meeting at 7:01 p.m. There was nobody in attendance who wished to address the Commission with public comment.

Approval of Minutes:

Consideration of December 15, 2021, regular meeting minutes as presented. Motion by Bremer and seconded by Smale for approval.

Roll Call: Vote: 5-ayes: Commissioners Bremer, Davis, Rockweiler, Smale, and Sobotta. 0-nay; 1-abstained: Lehman; 0-absent. Motion Carried.

Consideration of May 5, 2021, special meeting minutes as presented. Motion by Bremer and seconded by Smale for approval.

Roll Call: Vote: 6-ayes: Commissioners Bremer, Davis, Lehman, Smale, Rockweiler, and Sobotta. 0-nay; 0-abstained; 0-absent. Motion Carried.

File No. Z-2022-02

Patrycja Sudol

Use Variation to accommodate the existing 3-unit multifamily building in the C-4 Downtown Commercial District at the property commonly known as 1410 N. Riverside Drive

Chairwoman Rockweiler called the hearing to order at 7:05 p.m. regarding File No Z-2022-02 a Use Variation to accommodate the existing 3-unit multifamily building in the C-4 Downtown Commercial District at the property commonly known as 1410 N. Riverside Drive. Chairwoman Rockweiler confirmed all legal posting requirements have been met.

Patrycja Sudol, 3320 Lincoln St., Franklin Park, IL, representing Sudol LLC was sworn in. Ms. Sudol stated the subject property was purchased by her in November 2021 as a multifamily 3-unit residence and she is requesting a use variation to continue that use so the three families that have been occupying it, some for 12+ years, are not displaced. She stated the home was built in 1912 but converted to multifamily approximately 20 years ago.

City Planner Sheriff provided the Commission with the Staff Report regarding this file stating the subject property was recently purchased by the petitioner and at the time of the purchase the petitioner was made aware of the pre-existing unlawful nonconforming use of the property. Planner Sheriff explained residential land use is only permitted above the ground floor of a nonresidential use in the C-4 Downtown Commercial District. The property is currently operating as a 3-unit residential building and is fully occupied. The McHenry Township Assessor’s database identifies that the 2-story house was built in 1912. There is no history of any code enforcement violations on the property. The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of McHenry Zoning Ordinance.

The Zoning Ordinance does not have parking requirements in the Downtown Commercial District. Planner Sheriff stated this is typical of traditional suburban downtown commercial areas with limited space and public parking facilities managed by the municipality. Off-street parking is typically required as part of a development approval process in larger mixed-use commercial/multifamily developments. Conversations with the landowner indicate that all parking is accommodated on site. Staff can confirm that no overnight parking is allowed in the public right-of-way without being ticketed by Police. Residential parking permits are available in municipal parking lots for residents of existing buildings in the downtown. Staff does not believe this development will generate any adverse impacts since there are already safeguards in place for public parking.

Staff could not determine exactly how long the property has operated as a 3-unit multifamily dwelling. Water billing records indicate that at least two units have existed since 2012. The walkthrough inspection of the property only showed two electric meters. It is not uncommon for multifamily dwellings to evenly divide some, if not all, utilities amongst tenants. Google imagery Street View dating August of 2019 did show at least three (3) mailboxes on the front of the building next to the entryway. A conversation with the owners of the next-door neighbors, After the Fox, confirmed there have been three tenants in the house for a long time.

Planner Sheriff stated the future land use map recommends commercial land use of the subject property. The proposed development is not consistent with this recommendation.

In summary, staff believes the proposed development is somewhat consistent with the City’s Comprehensive Plan objectives and policies. He further presented staff comments in regard to those objectives and policies as well as Core Downtown Subarea Plan objectives and policies as detailed in his staff report.

Planner Sheriff presented a summary analysis stating if the Planning & Zoning Commission agreed with the petitioner’s request, then approval of a motion as presented in the Staff Report was recommended.

Chairwoman Rockweiler invited questions and/or comments from the Public.

Tim McCann 3507 Broad Street stated the neighborhood is concerned with these types of multifamily residences, but they recognize the difference in this one as it is next to commercial property rather than surrounded by residential. He was concerned with parking but it was explained that ample parking is provided for the tenants.

Danielle Miller 1411 N Green agrees with Mr. McCann’s comments about the difference in this request but asks that it be properly maintained in accordance with the neighborhood.

Chairwoman Rockweiler closed the public comment portion of the hearing at 7:15 p.m. Chairwoman Rockweiler invited questions and/or comments from the Commissioners.

Commissioner Bremer asked Planner Sheriff how this request compares to the similar request at the previous meeting for another property in this area. Planner Sheriff stated it is not surrounded by residential, it is next to commercial, the question prior was regarding the coach house, an extra building, and that is not the case here. He does not believe it would set a precedent.

Commissioner Davis asked if there have been issues in the past or were resident comments made simply to be heard. Planner Sheriff asked Mr. McCann and Ms. Miller if they were personally aware of any issues at this particular property. Both residents stated they did not know of any and were happy staff checked with the next-door business owner. Planner Sheriff was not aware of any issues either and stated building and zoning requirements were being met.

Commissioners Lehman and Smale had no questions. They were happy the owner is trying to bring the property into compliance.

Commissioner Sobotta asked Planner Sheriff, in regard to dwelling units per acre as a measurement, where this property falls. Planner Sheriff calculated 23 people per acre and added this is downtown C-4 district not residential. Commissioner Sobotta asked if the basement studio apartment fire egress was even possible given the tightness of the property. Ms. Sudol stated it was possible and she has already secured three estimates to have the work done. Commissioner Sobotta inquired where the egress would be in the house. Ms. Sudol responded it would be in the front of the home where the bedroom in the basement is.

Motion by Lehman seconded by Smale with regard to File No. Z-2022-02, to recommend approval of the petitioner’s request for a use variance to allow a 3-unit multifamily building at 1410 N Riverside Drive subject to the following conditions:

1. The property owner shall apply for a building permit to correct all deficiencies noted from the walk-through inspection performed by the City Building Inspector on December 10, 2021. All repair & construction work shall be completed within one year from the date of approval by City Council.

2. The property owner shall preserve the unique historic architectural features of the structure to the greatest extent possible as determined by the Zoning Administrator.

AND by making said motion, that the approval criteria for Use Variations have been met as outlined in the Staff Report.

Roll Call: Vote: 6-ayes: Commissioners Bremer, Davis, Lehman, Rockweiler, Smale, and Sobotta. 0-nay; 0-abstained; 0-absent. Motion Carried.

Chairwoman Rockweiler closed the hearing regarding File No. Z-1007 at 7:26 p.m.

File No. Z-2022-01

Future of the Leaf LLC Infusers

Use Variation to allow an Adult-Use Cannabis Infusion Facility in the O-2 Office Park District at 3900 Mercy Drive

Chairwoman Rockweiler called the hearing to order at 7:28 p.m. regarding File No Z-2022-01 a Use Variation to an Adult-Use Cannabis Infusion Facility in the O-2 Office Park District at 3900 Mercy Drive. Chairwoman Rockweiler confirmed all legal posting requirements have been met.

Dr. Patricia Van Pelt, agent for Future of the Leaf LLC Infusers, was sworn in. Dr. Van Pelt summarized they are requesting a zoning use variance for the property to operate an infusers’ kitchen to be used to produce edibles for medical and recreational cannabis dispensaries.

City Planner Sheriff provided the Commission with the Staff Report regarding this file stating the petitioner is proposing to operate an Adult Use Cannabis Infusion Facility to produce edible cannabis-infused products for medical and recreational cannabis dispensaries. There is no history of any code enforcement violations on the property. The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of McHenry Zoning Ordinance. The primary concern from operations are potential nuisances generated from production, as detailed in the staff report. Planner Sheriff pointed out the future land use map recommends office land use for the subject property. The proposed cannabis infusion facility is not consistent with the future land use map’s recommendation. He offered the Commission may wish to consider how recent changes in workforce culture have decreased the demand in office space and whether the Commission believes the request is an appropriate response to changing conditions.

In summary, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies. He further presented staff comments in regard to those objectives and policies as detailed in his staff report.

Planner Sheriff presented a summary analysis stating if the Planning & Zoning Commission agreed with the petitioner’s request, then approval of a motion as presented in the Staff Report was recommended.

Chairwoman Rockweiler invited questions and/or comments from the Commissioners.

Commissioner Sobotta asked if this use was considered light manufacturing or if it had a designation. Dr. Van Pelt responded it is just manufacturing and any different levels of manufacturing are typically determined by each individual municipality. She explained they will have a 1200 sf kitchen and then package the edibles. Planner Sheriff stated it is basically a commercial kitchen and explained to the Commissioners that by City ordinance no odorous smell is allowed outside the property line. Commissioner Sobotta inquired if the petitioner already has a license for this use in hand. Dr. Van Pelt responded that First Leaf is one of the 28 approved in the stated but that their license is conditioned on the kitchen being approved.

Commissioner Lehman asked if there were any security concerns and how security is handled. Dr. Van Pelt stated there are strict state guidelines they will follow including cameras inside and outside the facility, safes, and security guards. In response to how many deliveries may occur per week, Dr. Van Pelt responded possible one or two per week.

Commissioner Davis asked if this is strictly manufacturing or if there will be a retail element to the property. Dr. Van Pelt responded retail is not allowed by law for this use and all sales will be wholesale only to dispensaries.

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 7:36 p.m.

Chairwoman Rockweiler asked the Commissioners for any further comments or questions. Commissioner Lehman stated he had no further questions and is in favor of this use.

Commissioner Davis agreed with Commissioner Lehman and believed this use will bring job opportunities to the area.

Commissioners Bremer, Rockweiler and Smale agreed with Commissioners Lehman and Davis and agree that trends are changing away from office space. They are hopeful this approval will encourage others to open similar businesses in McHenry.

Motion by Smale seconded by Bremer with regard to File No. Z-2022-01, to recommend approval of the petitioner’s request for a use variance to allow an Adult-Use Cannabis Infusion Facility in the O-2 Office Park District subject to the following conditions:

1. The property owner shall install parking lot perimeter landscaping and screening to be in compliance with Chapter 13, Table 3 - Parking Lot Perimeter Landscaping Design Standards of the City of McHenry Zoning Ordinance prior to the issuance of a certificate of occupancy.

2. The property owner shall be responsible for maintaining and replacing any damaged or destroyed trees along the east property line that screen the property from view as determined by the Zoning Administrator.

3. All other federal, state, and local laws shall be met.

AND by making said motion, that the approval criteria for Use Variations have been met as outlined in the Staff Report.

Roll Call: Vote: 6-ayes: Commissioners Bremer, Davis, Lehman, Rockweiler, Smale, and Sobotta. 0-nay; 0-abstained; 0-absent. Motion Carried.

Chairwoman Rockweiler closed the hearing regarding File No. Z-1007 at 7:40 p.m. Open Discussion: A small discussion occurred regarding multi-family housing limits.

Staff Report: The next meeting is Wednesday February 16, 2022. Planner Sheriff gave city updates including a future submission by Cunats for a 540-unit multi-family apartment complex at Oaks at Irish Prairie and other affordable senior housing developments making inquiries. Planner Sheriff also stated they are looking to retire the IDD District and replace it with a PUD and explained the reasoning behind that decision.

Adjourn: Motion by Lehman and seconded by Smale, vote taken, all approved. Meeting adjourned at 8:00 p.m.

https://cms8.revize.com/revize/mchenryil/Document_Center/BoardDocs/Planning%20&%20Zoning/1-19-22%20PZ%20Minutes.pdf