McHenry Times

Village of Lake in the Hills Planning & Zoning Commission met June 17

Here are the minutes provided by the commission:

Call to Order

The meeting was called to order at 7:32 p.m.

Roll call was answered by Commissioners Siakel, Walker, Murphy, Bolton, Dixon, Swanlund, and Chairman Esposito.

Also present were Director of Community Development John Svalenka, Trustee Bill Dustin, and Recording Secretary Laura Carpenter.

Approval of Meeting Minutes

Motion to accept the Planning and Zoning Commission meeting minutes from April 15, 2024 was made by Commissioner Siakel and seconded by Commissioner Walker. The motion was approved by a voice vote of 7-0.

New Business

Zoning Code Text Amendments to Section 12, Temporary Uses

Chairman Esposito asked for a motion to open the public hearing. Commissioner Swanlund made a motion to open the public hearing, and Commissioner Bolton seconded. On a voice vote, the entire commission voted Aye, no Nays.

Chairman Esposito opened the public hearing at 7:33 p.m. and confirmed with staff that the public was given proper notice.

Director Svalenka reviewed the Request for Public Hearing and Commission Action dated June 17, 2024.

The Village has comprehensive regulations in Section 8.14 of the Lake in the Hills Municipal Code regarding special event permits for events in Village parks and rental facilities. These Special Event Permit regulations include requirements for sound amplification, food vendors, signage, tents, lighting, electrical systems, liquor licensing, raffle licensing, insurance, and public safety issues, and all such special event permits must be approved by the Village Board.

These existing regulations have served the Village well for the review and approval of large events in Village parks, such as the annual Summer Sunset Festival and Rockin’ Rib Fest.

Temporary outdoor events on private property are currently regulated by the temporary use regulations in Chapter 12 of the Zoning Code. This chapter primarily includes standards for the temporary outdoor activities of commercial businesses, such as outdoor sales and displays of merchandise, which can be reviewed and approved by Village staff.

Section 12.3 lists tent meetings, carnivals, circuses and civic use of public property as special temporary uses, and these specific uses require additional approval by the Village Board. For example, Village Board approval was required for the carnival hosted by the Algonquin/Lake in the Hills Chamber of Commerce in April 2024 in the parking lot of the At Home store at 101 N. Randall Road.

While all carnivals and similar events require Village Board approval, carnivals operated on private property are not subject to the full list of standards in the Special Event Permit regulations that apply to carnivals operated in public parks. Village experience with existing annual events has shown that the Special Event Permit regulations are effective in ensuring that large public events are operated safely, in that the standards require submittal of an emergency action plan or incident action plan. Therefore, staff will propose several code amendments to make the same review standards apply to all large outdoor events. Specifically, staff will propose that the Special Event Permit regulations be moved to a separate chapter of the Municipal Code (a new Section 20), and be amended to apply throughout the Village. Also, staff has proposed amendments to Section 12 of the Zoning Code, as detailed below.

The Temporary Use Chart in Section 12.4 of the Zoning Code lists all of the authorized temporary uses, and Section 12.3 lists the “special” temporary uses that require additional Village Board approval. Currently the list of special temporary uses in Section 12.3 only includes tent meetings, carnivals, circuses and civic use of public property. Staff has proposed amending Section 12.3 by expanding this list to match the list of uses in the Special Event Permit regulations. As proposed, carnivals, circuses, car shows, races, and parades would always require approval of a Special Event Permit instead of a temporary use permit, regardless of the anticipated number of attendees. A list of other similar events would require approval of a Special Event Permit when the anticipated number of attendees will exceed 100 people. On residential properties, a Special Event Permit would only be required for outdoor events that are operated for profit and when the anticipated number of attendees will exceed 100 people.

Within the Temporary Use Chart in Section 12.4, carnivals are listed as only being allowed in the B-2, B-3, B-4 and M-1 zoning districts, subject to limits on the time, days, number, and parking. Since carnivals would always require a Special Event Permit under the proposed regulations, they are proposed to be deleted from the chart in Section 12.4. Further, the language in the first row of the Temporary Use Chart in Section 12.4 has been completely revised to clarify the types of outdoor shows and sales that are subject to temporary use regulations Director Svalenka recommended approval of the zoning code text amendments to Section 12, Temporary Uses, per the findings noted in the staff report dated June 17, 2024.

Commissioner Siakel inquired if food vendors include food trucks. Director Svalenka stated that food vendors do include food trucks, and those on private property would require a Temporary Use Permit. Those on the Village’s park property would require a Special Use Permit. In the future, staff will bring to the Commission text amendments regarding food trucks. Director Svalenka responded to Chairman Esposito’s question about large events such as Sunset Fest. He clarified that all the events within the Sunset Fest will be under one Special Use Permit. Commissioner Dixon asked if the attendance is a static or an accumulative number of people? Director Svalenka clarified that it is the anticipated number of attendees, which is open for staff interpretation. Commissioner Siakel asked about event security, and Director Svalenka clarified that these new regulations require proper security for large crowds. Commissioner Swanlund asked for clarification about large indoor events and attendance size. Director Svalenka clarified that those events would be regulated by the occupancy code, and large outdoor events would be covered under these permits.

There being no further public comments or discussion, Chairman Esposito asked for a motion to close the public hearing. Commissioner Siakel made a motion to close the public hearing, and Commissioner Walker seconded. On a voice vote, the entire commission voted Aye, no Nays. Chairman Esposito closed the public hearing at 7:42 p.m.

Commissioner Walker made a motion to recommend approval of the proposed amendments to Section 12, Temporary Uses, as noted in the staff report dated June 17, 2024. Commissioner Murphy seconded the motion. On a roll call vote, Commissioners Siakel, Walker, Murphy, Bolton, Dixon, Swanlund, and Esposito voted Aye. No Nays.

Motion to approve passed 7-0.

Old Business

None

Item for Discussion

None

Staff Report

Director Svalenka reported that the Village Board approved Consumers Credit Union’s petition for a Conditional Use for a drive-through and variations, with a condition regarding obtaining the easement. Commissioner Dixon inquired about Doerner Jewelers. Director Svalenka said there have been no complaints.

Trustee Liaison

Trustee Dustin spoke about the Village’s recent press release about mask wearing at Village festivals and the proposed safety fence around the carnival.

Adjournment

A motion to adjourn the meeting was made by Commissioner Siakel and seconded by Commissioner Walker. The motion was approved on a voice vote of 7-0.

There being no further business to discuss, the meeting of the Lake in the Hills Planning & Zoning Commission was adjourned at 7:50 p.m. The next Planning and Zoning Commission meeting is scheduled for July 15, 2024.

https://www.lith.org/home/showpublisheddocument/5049