McHenry Times

City of McHenry Planning & Zoning Commission met Nov. 16.

Here are the minutes provided by the commission:

Chairwoman Rockweiler called the November 16, 2022, regular meeting of the City of McHenry Planning and Zoning Commission to order at 7:00 p.m. In attendance were the following: Bremer, Rockweiler, Davis, Riley, Smale and Lehman. Also in attendance were City Planner Cody Sheriff and Deputy City Clerk Johnson.

Approval of the Agenda:

A motion was made by Commissioner Bremer and seconded by Commissioner Lehman to approve the agenda as presented. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Smale, Davis, Riley and Lehman. 0-nay; 0-abstained; 0-absent. Motion Carried.

Approval of Minutes:

Approval of the October 19, 2022, regular meeting minutes as presented. A motion was made by Commissioner Smale and seconded by Commissioner Bremer for approval. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Smale, Davis, Riley and Lehman. 0-nay; 0- abstained; 0-absent. Motion Carried.

Approval of 2023 Planning & Zoning Commission Meeting Schedule:

A motion was made by Commissioner Lehman and seconded by Commissioner Riley for approval of the 2023 Planning & Zoning Commission Meeting Schedule as presented. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Smale, Davis, Riley and Lehman. 0-nay; 0- abstained; 0-absent. Motion Carried.

Public Input

No members of the public offered any public input.

File No. Z-2022-22

Petitioner: KFPM Holdings LLC. of 5765 Lucerne Ln, Lake in the Hills, IL 60156

Conditional Use Permit to operate a Self-Storage Facility (Mini-Warehouse) on Lots 6-8 of McHenry Corporate Center Unit 5 Resubdivision of Lot 2.

Chairwoman Rockweiler opened the file at 7:04 and City Planner Cody Sheriff explained that the petitioner has met all public notice requirements. Developers Peter and Michael Kalamaras were sworn in by Chairwoman Rockweiler. The petitioners stated that they believe the requested use fits in with the current zoning. They are putting in 197 units for 22,000 square feet of self-storage space.

Planner Sheriff explained that the future land use map is zoned for service-oriented use, and it is permissible in this business park. This is in McHenry Corporate Center, which was McHenry’s first business park. Any landscaping issues, site access and standards would have to comply with restrictions and covenants from the architectural review committee. This would be a 24-hour operation with lighting. Given the amount of minimal traffic a storage area causes, these should not be a nuisance or have negative impacts on the surrounding property.

Chairwoman Rockweiler asked how the business is ran with nobody on site. Mr. Kalamaras explained that the are hiring a service to handle landscaping and snow plowing. The general clean up would be their responsibility, and they have a website with contact information for people who need to contact them directly. There will also be security cameras that tenants could access remotely online.

Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:10.p.m. With no members of the public wishing to speak, the public hearing was closed at 7:10 p.m. All members of the Commission stated that they had no issues with the plans and were in favor of the development.

A motion was made by Commissioner Bremer and seconded by Commissioner Smale to recommend approval of the petitioner’s request for a Conditional Use Permit to operate a Self-Storage Facility (Mini-Warehouse) on the Subject Property, subject to the following conditions:

1. All development on site, including façade and landscaping design, shall be in substantial conformance with the underlying private covenants and restrictions as determined by the Zoning Administrator.

2. All development on site shall be in substantial conformance with the submitted site plan and building elevations to the greatest extent possible as determined by the Zoning Administrator.

3. The property owner shall be required to maintain accurate primary and secondary emergency contact information on file with the Community Development Department. Failure to maintain accurate primary and secondary emergency contact information may result in the termination or temporary suspension of the Conditional Use Permit by City Council.

AND by making said motion, I agree with staff’s assessment that the approval criteria for Use Variations and Zoning Variations have been met as outlined in the staff report.

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

The hearing for file Z-2002-22 was closed a 7:13 p.m.

File No. Z-2022-24

Petitioner: Daniel Daczewitz of 2584 Bay Oaks Drive, Lakemoor, IL 60051

Conditional Use Permit for Outdoor in Conjunction with a Contractor’s Office at 4102 W. Crystal Lake Road

Chairwoman Rockweiler opened the file at 7:14 p.m. Planner Sheriff stated that the petitioner has complied with the public notice requirements. The property would be used for storing stuff for the County and IDOT for guardrail equipment. They must put up a privacy fence around the property and preserve the existing tree line if possible. The petitioner also owns the property near Route 120 to the north, but they are not planning on using that as part of this development. The petitioners were not present at the meeting.

Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:16 p.m. Michael Thompson addressed the Commission, and he was sworn in by Chairwoman Rockweiler. He explained that he owns the business next door. He explained that the building for the petitioner is outdated and not in good condition. He asked what the petitioner’s plans were for improvements on the property. He also had safety concerns when you leave his parking lot. If trucks were parked in the front of the property, it would be hard to see past them. He also asked how far the fence was to extend, what sign setback requirements might be, and if trucks would be idling on the property. On an unrelated note, he asked if the City had plans for fixing the sewer issues at his property. With new residential plans across the street, it may be time for the City to make sure the new infrastructure doesn’t cause more sewer problems.

Planner Sheriff explained that the fence will be eight feet tall with privacy screening. The idling trucks should not be an issue because they load up the day before and leave for the entire day before returning to load for the next day. This type of operation has been going on previously and pre-dated the City’s ordinance, so it is legal non-conforming. They must abide by district set-back requirements. Parking is allowed in the commercial area in the front yard, but Staff does not believe that will occur due to the type of operation they run. Director Polerecky explained that the sewer is already in design for replacement. Chairwoman Rockweiler closed the public hearing at 7:28 p.m.

Commissioner Bremer asked if they could be required to park behind the building line. Planner Sheriff stated that for the commercial building it is allowed by right to park in the front, but he does not know why they would want to. Chairwoman Rockweiler asked if this could be a safety concern. Director Polerecky explained that they must abide by the 25-foot sight triangle. He does not anticipate this as an issue, either, because they want a secure facility. Chairwoman Rockweiler stated her concern for the fact that the property is not well taken care of. Planner Sheriff stated that we should avoid what’s known as arbitrary and capricious conditions of approval that are not related to the requests. There was a discussion about the chain link fence, and Planner Sheriff explained that this is the most appropriate fence type based on the use.

A motion was made by Commissioner Lehman and seconded by Commissioner Davis to recommend approval of the petitioner’s request for a Conditional Use Permit for Outdoor Storage in conjunction with a Contractor’s Office subject to the following conditions of approval:

1. All development and Outdoor Storage on the subject property shall be in substantial conformance with the submitted plan.

2. The Property Owner shall maintain the storage area in a neat and orderly appearance as determined by the Zoning Administrator.

3. All outdoor storage shall be related to the existing business operations. 4. The Property Owner shall provide a tree survey and preservation plan to the Zoning Administrator prior to removing any on-site trees for the construction of the proposed privacy screening fence. The petitioner shall preserve the existing tree line to the greatest extent possible as determined by the Zoning Administrator.

AND by making said motion, I agree with staff’s assessment that the approval criteria for Conditional Uses have been met as outlined in the staff report.

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

The hearing for file Z-2022-24 was closed a 7:37 p.m.

File No. Z-2022-14

Petitioner: Northpointe Development Corporation of 230 Ohio Street, Suite 200, Oshkosh, WI 54902

Zoning Map Amendment to RM-2 High Density Multifamily Residential District, and Final Plan Approval for a Conditional Use Permit to allow a 54-Unit Multifamily Residential Planned Unit Development commonly known as Taylor Place Apartments.

Chairwoman Rockweiler opened the file at 7:37 p.m. Planner Sheriff stated that the petitioner has complied with the public notice requirements. The petitioners were previously approved for conditional use for a 54-unit development, but are here tonight for a zoning map amendment. The IDD was established for use as its own district, which had challenges. The City adopted a PUD ordinance, which is a planned unit development. In this circumstance, they have already been approved for the conditional use permit, and now just need to be re-zoned from Industrial to RM2.

Jake Victor of Northpointe Development was sworn in by Chairwoman Rockweiler. He explained that they have previously given their presentation and is happy to answer questions brought before him. Planner Sheriff explained that denying the rezoning request would not deny the conditional use permit that was already approved. The City should want to match zoning as close as possible. A traffic study has already been submitted which indicated that the development would not generate any adverse impacts. The development is also adjacent to a Metra Station which is conducive for transit-oriented developments.

Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:42 p.m. Michael Thompson spoke once again as a neighbor to the development. His concern is that he backs up to Fort McHenry Park, and they get teenagers causing trouble. They have installed some security cameras, but have people loitering on their picnic tables and leaving garbage. He is concerned that more people living across the street could lead to more problems. He does love the landscape design and the look of the proposed development. The public hearing was closed at 7:45 p.m.

Commissioner Riley agreed that the development looks great aesthetically. He asked if anything could be done about foot traffic. Planner Sheriff stated that the development was approved, and our only task is for rezoning the property.

A motion was made by Commissioner Smale and seconded by Commissioner Bremer to recommend approval the petitioner’s request for a Zoning Map Amendment to the RM-2 High Density Multifamily Residential District for the Subject Property.

And by making said motion you agree that the Approval Criteria for Zoning Amendments listed in §11-5-5 of the City of McHenry Zoning Ordinance have been met as outlined in the staff report.

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

The hearing for Z-2022-14 was closed at 7:47 p.m.

Open Discussion:

The City is still looking for an additional Commissioner to serve on the board. Hopefully a new Commissioner will be appointed in the next couple of months.

Staff Report: Planner Sheriff explained that he has been a lot brewing behind the scenes. We have begun the process of releasing an RFQ for the comprehensive plan update. At Monday’s meeting it there will be a presentation to see if we can expand the scope to include a downtown subarea update. Due to public and private investment, a lot has deviated from the original plan. Hopefully once a consultant is hired the launch will happen around April for a kickoff meeting.

Adjourn: A motion was made by Commissioner Lehman and seconded by Commissioner Smale to adjourn the meeting at 7:52 p.m. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Smale, Davis, Riley and Lehman. 0-nay; 0-abstained; 0-absent. Motion Carried.

https://cms8.revize.com/revize/mchenryil/Document_Center/BoardDocs/Planning%20&%20Zoning/PZ%20Minutes%2011-16-22.pdf